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09-03-15 Regular Meeting Agenda
City of Delray Beach Regular Commission Meeting Thursday, ptember 3, 2015 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION The City of Delray Beach welcomes public engagement during City Commission meetings and requests that citizens adhere to the following Rules for Participation: 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non -Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. Citizens that request to do a presentation that is on a portable flash drive device or CD/DVD, must provide their media to the City Clerk no later than 12:00 pm one day prior to the meeting where they wish to present. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the 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. Spotlight on Education — Green Living Technologies International B. Delray Beach Center for the Arts C. Delray Beach Public Library D. Delray Beach Historical Society 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. HOLD HARMLESS AGREEMENT/ROOF PAINTING BY HARTZELL, INC.: Motion to approve a Hold Harmless Agreement with Roof Painting by Hartzell, Inc. for access to 15 parking spaces located at Sandoway Park for use of a boom lift to complete a repainting project located at 120 South Ocean Boulevard. B. SERVICE AUTHORIZATION NO. 12-07/ DAVID MILLER & ASSOCIATES, P.A./ FIRE STATION NO. 5 GENERATOR UPGRADE: Motion to Approve Service Authorization No. 12-07 for David Miller & Associates, P.A. in an amount not to exceed $9,200.00 for professional engineering and design services related to the Fire Station No. 5 Generator Upgrade Project (Project No. 14-011). Funding is available from 334-2311-522-64.90 (General Construction Fund: Fire/Machinery/Equipment). C. RESOLUTION NO. 54-15/ FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT: Motion to Approve Resolution No. 54-15 authorizing the City Manager to apply for a Florida Highway Beautification Council Grant and enter into all necessary agreements should the project be selected by the Florida Highway Beautification Council. D. SERVICE AUTHORIZATION NO. 12-17/KIMLEY-HORN AND ASSOCIATES/WATER SUPPLY AND TREATMENT FEASIBILITY STUDY: Motion to Approve Service Authorization No. 12-17 (Project No. 2015-023) to Kimley- Horn and Associates, Inc. in the amount of $199,682.00 for professional services in performing a Water Supply and Treatment Feasibility of the City's treatment plant in anticipation for meeting future customer demands, and maintaining the operational reliability of the aging water treatment plant. E. CHANGE ORDER NO. 2 TO NEIGHBORHOOD STABILIZATION PROGRAM (NSP) GRANT AWARD/AMENDMENT NO. 1 TO PURCHASE AND SALE CONTRACT FOR 510 S.W. 14TH AVENUE: Motion to Approve Change Order No. 2 in the amount of $2,430.00 and approve spending that will exceed $25,000.00 in FY 2015 to CJ Contracting, LLC to facilitate housing rehabilitation work to the property located at 510 S.W. 141h- Avenue to bring the home to minimum standards to obtain a mortgage loan on behalf of the buyer; and Second Motion to Approve Amendment No. 1 to extend the Purchase and Sale Contract for the buyer to October 31, 2015. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(1), `Beyond Scope of Work", and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 118-1935-554-62.12 (Neighborhood Services Fund: Housing/Urban Development/Acquisition Rehabilitation). F. WORKFORCE HOUSING COVENANT FOR DELRAY PRESERVE: Motion to Approve a Workforce Housing Covenant between the City and MCA Delray Preserve Owner, LLC. pursuant to LDR Section 4.7.4, "Density Bonus Program for the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing Area". G. PRIOR APPROVAL FOR SPENDING LIMIT INCREASE/COMMERCIAL ENERGY SPECIALISTS/PULSAR BRIQUETTES: Motion to Affirm Commercial Energy Specialists as a sole source vendor for Pulsar Briquettes; and Motion to Approve spending in an amount of $35,000.00 for FY 2015 and $35,000.00 for FY 2016. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source", and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty -Five Thousand ($25,000.00) in Any Fiscal Year". Funding is available from 001-4135-572-52.21 (General Fund: Parks & Recreation/Operating Supplies/Chemicals). H. INTERACTIVE VOICE RESPONSE SYSTEM (IVR) UPGRADE/ SELECTRON TECHNOLOGIES, INC: Motion to Approve upgrade of Selectron, the interactive voice response system and web payments system used for utility billing and permitting, from Selectron Technologies, Inc., as "Sole Source" provider, in the amount of $23,000.00. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source and City Standard", and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding Twen -Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 334- 6111-519-64.11 (General Construction Fund: General Government Service/Computer Equipment). I. RESOLUTION NO. 51-15 — SERVICE OF PROCESS: Motion to Approve Resolution No. 51-15, authorizing the City Manager, any Assistant City Manager, the City Attorney, or any Assistant City Attorney to accept service of process on behalf of the City of Delray Beach and any member of the City Commission who is sued in his or her official capacity J. OFFER OF SETTLEMENT/SORICE V. CITY OF DELRAY BEACH: Motion to approve an Offer of Settlement in the total amount of $35,000.00 in Sorice vs. City of Delray Beach. K. OFFER OF SETTLEMENT/GRIFFIN VS. CITY OF DELRAY BEACH: Motion to approve an Offer of Settlement in the total amount of $20,000.00 in Griffin vs. City of Delray Beach. L. PROCLAMATIONS: 1. Hunger Action Month — September 2015 2. Attendance Awareness Month - Seutember 2015 M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Motion to Accept the actions and decisions made by the Land Development Boards for the period August 3, 2015 through August 14, 2015. N. AWARD OF BIDS AND CONTRACTS: 1. Motion to Approve a Bid Award to K2 Summit, LLC. (Bid No. 2015-48) in the amount of $41,870.00 for the Delray Beach Marina roof replacement (Project No. 15-012). This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from 426-4311-575-62.10 (City Marina Fund: Culture Recreation/ Buildings). 2. Motion to Approve a Bid Award to Municipal Emergency Services, Inc. (Bid No. 2015-66) in the amount of $38,625.00 for Scott Air -Pak Conversion Parts. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Bids". Funding is available from 001- 2315-526-64.90 (General Fund: Fire/Fire Operations/ Other Machinery Equipment). REGULAR AGENDA: A. CONDITIONAL USE REQUEST/KENNEL FOR FIDO'S PLAY -N -STAY: Consider approval of a Conditional Use request for a kennel for Fido's Play -N -Stay, located at 1885 S.W. 41h- Avenue within Delray Industrial Park, on the east side of S.W. 41h- Avenue, south of Linton Boulevard. (Quasi -Judicial Hearin B. WAIVER TO THE MAXIMUM PERMITTED DEPTH OF A COVERED ENTRY PORCH FOR BEDNER'S FARM MARKET: Consider approval of Waiver to LDR Section 4.4.13(E)(4)(a) "Frontage Types; Porch", to allow the maximum depth permitted for porches to exceed the required 12 feet (16 feet 1 inch proposed) for Bedner's Farm Market, located at 381 N.E. 3rd Avenue. (Quasi -Judicial Hearing) C. RESOLUTION NO. 48-15/BEST INTEREST RESOLUTION — CONSERV BUILDING SERVICES: Motion to Approve Resolution No. 48-15 to award the repair and replacement of the air conditioning equipment used in the chiller system located at City Hall to ConSery Building Services, in the amount of $31,550.00; declaring by a four-fifths affirmative vote that the repairs made by Conserv Building Services are in the Best Interest of the City. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(A), "Acquisitions of Twenty - Five Thousand Dollars ($25,000.00) or Greater", and Section 36.02(C)(11), "Best Interest Acquisitions". Funding is available from 001-3431-519-46.10 (General Fund: Public Work/Building Maintenance/General Government Service/Repair and Maintenance/Building Maintenance). D. RESOLUTION NO. 56-15/BEST INTEREST RESOLUTION — ED MORSE CADILLAC: Motion to Approve Resolution No. 56-15, authorizing acquisitions with Ed Morse Cadillac 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 Ed Morse Cadillac are in the Best Interest of the City. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(A), "Acquisitions of Twenty -Five Thousand (,$25,000.00) or Greater", and Section 36.02(C)(11), "Best Interest Acquisitions". Funding is available from 501- 3311-591-52.52 (Garage Fund: Operating Supplies/City Garage Outside Service). E RESOLUTION NO. 58-15/BEST INTEREST RESOLUTION — AL PACKER FORD: Motion to Approve Resolution No. 58-15, authorizing acquisitions with Al Packer Ford in an amount not to exceed $30,000.00 for FY 2015, which includes retroactive approval of $687.98, for OEM Ford repair parts for City vehicles, declaring by a four-fifths affirmative vote that the acquisitions from Al Packer Ford are in the Best Interest of the City. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(A), "Acquisitions of Twen , -Five Thousand ($25,000.00) or Greater", and Section 36.02(C)(11), "Best Interest Acquisitions". Funding is available from 501-3311-591-52.50 (Garage Fund: Operating Supplies/External Parts). RESOLUTION NO. 53-15/BEST INTEREST RESOLUTION — HOUSING REHABILITATION PROJECTS: Motion to Approve Resolution No. 53-15 for Housing Rehabilitation Construction at 429 S.W. 15th Avenue and 227 N. 14th Avenue from Cordoba Construction Co., utilizing Community Development Block Grant funding, declaring by a four-fifths affirmative vote that the City's Sealed Competitive Method is not in the Best Interest of the City. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(11), "Best Interest Acquisitions", and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty -Five Thousand ($25,000.00) in Any Fiscal Year". G. NOMINATIONS FOR APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Nominations for appointment of four (4) regular members to serve on the Affordable Housing Advisory Committee to serve two-year endinll 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). H. NOMINATIONS FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD (HPB): Nominations for appointment of three (3) regular members to serve on the Historic Preservation Board to serve two-year terms ending August 31, 2017. Based on the rotation system, the nominations for appointment will be made by Vice Mayor Petrolia (Seat #1), Deputy Vice Mayor Jacquet (Seat #2) and Commissioner Katz (Seat #3). I. NOMINATIONS FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD (P&Z): Nominations for appointment of three (3) regular members to serve on the Planning and Zoning Board to serve two-year terms ending August 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). J. NOMINATIONS FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB): Nominations for appointment of two (2) regular members to serve on the Site Plan and Review Board to serve two-year terms ending August 31, 2017. Based on the rotation system, the nominations for appointment will be made by Commissioner Jarjura (Seat #4) and Mayor Glickstein (Seat #5). 9. PUBLIC HEARINGS: A. RESOLUTION NO. 46-15 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax of one mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2016. B. RESOLUTION NO. 45-15 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2016. C. RESOLUTION NO. 47-15 (TENTATIVE BUDGET ADOPTION FOR FY 2016): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2015 through September 30, 2016. 10. FIRST READINGS: A. ORDINANCE NO. 19-15: SANITATION RATES FOR FY 2016: Amending Chapter 51, "Garbage and Trash", of the Code of Ordinances of the City of Delray Beach, by amending Section 51.70, "Regular Charles Levied", to provide for New Residential and Commercial Collection Service Rates for Fiscal Year 2016. 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager 1. Fiscal Year 2016 Non -Profit Funding Recommendations B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: July 17, 2015 SUBJECT: AGENDA ITEM 4.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 SPOTLIGHT ON EDUCATION BACKGROUND Glayson Leroy, from Green Living Technologies International, will be sharing with the City Commission the partnership his company created with Atlantic Community High School and Trinity Lutheran School to implement an "educational green project", which involved an edible wall unit. MEMORANDUM TO: Mayor and City Commissioners FROM: Rob Steele, President, Delray Beach Center for the Arts THROUGH: Donald B. Cooper, City Manager DATE: August 20, 2015 SUBJECT: AGENDA ITEM 4.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 DELRAY BEACH CENTER FOR THE ARTS PRESENTATION BACKGROUND Joe Gillie, Former President and CEO of Delray Beach Center for the Arts will present this presentation. He will also introduce the new President, Rob Steele. 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'L -'= 'L C: N U E L �, > Z–J +'' O= W w w w w w w a1 a1 a1 C:O O O L << Q Q Q Q U U U U O O O O O O O O 0 0 W C7 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DC 0 U LU ryD LL 0 cn QJ a U ca i I— E a� ca L E U U U U U- bD N E w L7 Q U z� Q ate-+ 2 a O — ci cn 9 0 m cn QJ a ca i I— E a� ca L E m U U U U- bD N E w L7 Q U cn QJ a i I— cn QJ Q ate-+ O ci cn 9 0 m U Q� E E 2 m ro v To, Oyu v CL w E 4--j co a--+ Ln �•J . 2 uGJ m U i a-+ aA •L E r r M GJ L O M GJ � U •� .O i > U Q 3 3 O. w U M •E ECLE ��o `� U o Q M O s M .N buO.N •� > s .N U 3 •E w O L L � O `- L O L >, m a) 0 U •i H 2 m O m z tv L CLH L w s U, dw L11 d � d _ � J O �LuO m �U Lu C/) deo �ZoJ w W 0 V rf3 L 0 z Q co LUH 2 x W a LUH z LL, N E 4--j O �O N OU z 0 0� W� �N�� LU -o o F-N�'� �� /� }, V W O O O > 0 z CLo •� - (3) x +, z C— (L) -7A 0 C) -0 Ln p ca ca Q z . c 4 -Jo � — a� DC ca •— O 4 a) L ai C a CO O W •L- > Q i •� ry M (3)O -0 *C: ro co co Q) CL U t.0 U A A A L O L m L— a) 0 i Q w LO ca x w LU Q LU Z LU LU Ln W cr W DC (D z 0 z LL N fa bo E E O O LnN N ate-+ N U 0 m a� �01. 0 w 0 0 w w� �a =ai/J dLL0 am maw w� Zd J Jw0 w d rp L O Q m L— a) 0 i a w ca x W w a W V) Z LU LU dw w= �a UO d,L o m MU w� �zoJ w W V � (p L O C/) Q m L- a) 0 Z z Q w ca x w w a LU T- c/ ) Z LU LU LU MEMORANDUM TO: Mayor and City Commissioners FROM: Alan Kornblau, Director, Delray Beach Public Library THROUGH: Donald B. Cooper, City Manager DATE: August 20, 2015 SUBJECT: AGENDA ITEM 4.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 DELRAY BEACH PUBLIC LIBRARY PRESENTATION BACKGROUND Alan Kornblau, Director of the Delray Beach Public Library, will present this presentation. 6464, 404 �i 27. 0 Z_ Z Q W J 0 Ifi L Q Q co W O L- CL Q O C= U Ir - O LO C'7 0') Ir C: 4- O O L +0 -_ .n .0 N C6 00 N 0 W CV U � 00) � U Q O N � m U U � 00 W O 4-0 2) cu C6 Q O U iL OU) O.O ZU " (n N O MO U (n >�E � � O l , N _O T O�•�� O L U U O Z3 �E� O N O 0U•UO (nOU L .0 > .E--•� CJ 0 Om 0-m a n Q N E O O M O 4-0 O (60 5 E N c: O O 4-0O O C6 •> O C6 Q O E L O to N O N L (%� O 042 oa) >N N o o ' 0 0 0 � N N� O_ Fn cm CU Q C6 N N L O LL•O N p+r > O L Co L L N 0Q) p =U (3)0 cm O a--� O C6 0.5 N OU �.� C:. •� •U Ca E O :3 _0 Ca U N N O Ca0 �(1) _0U � �� >, N • +r >L '>� O.TD N 0 �O '(aU-0O -oU '>N > O �� c 0 �+� m Ca co m c: a) — O O L_ _ U— E — pU pU U �� � C N CL O N — E r cC r+m N -0 Q �, O O E > a > V L N j +; O O �: cc Q ? 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M 10 ti � O � f • qqe CD M� N O r 0) O p M TM } N\ {f} I � n /`� O,� OT, O M •—� O .� 0 0�_ O O 4-0 cn N >I N Q N N 4= > > O > i `•nj M1 m LD M1 m m Ln C? r� M r-- IT! �01 m m LO .- N V LA O M1 m r- r-- 00 O Ln m L6 lD --- x Vl b'9 7 a!1 lD N LD t!i V] rG lfl U�4 Vi l/R kf! h 111 Vl to IJ'1 V'1 Ln Ln Ln Vl Ln Lf1 Lfl Ln Ln � Ln LrL Ln � Ln Ln � � Ln lcZ Ln Ln Ln LcLD LD kc Lfl L.D LD Ln N m m m m r rm rm m 0 0o m m 3 tT m m m m LT 0) (3i 0) a tss h •U C Z oa p o m p U U c ro � �+ o m E E o,rdstv pavr v N O ro ro c n (D Y a M o y b o 0 0 d o c c ro% rn c o o u > a o 0 U U U p p W LL 2 vlu Ln Ln N UNrnmoomNaz—�coM1 O1 LD r M1 N 0)m Ln O r• m r, M1 Ln m m lD -�t LD t LD � � d't N �l O Wk in (T O y( b9 Lf1 cY m Ln N LD N Ln L -n w Ln Lf1 O O O O O O Q O 0 0 0 0 0 m m m m m m m M m m m m m LD LO LD LD LD LD fD LD LD LD LD LD LD y mi m r,ti rn m m r" n m o0 co m M- 3 Ol m LT 0) 01 0) C7) M 05 01 (3)� b9 49 69 b9 b9 l>1 Lf1 b4 Lfi � r bq tq kFl Nbi x x rE h 0 D a m U a Y c ro u o uv m° E E yYj v C- -E gyc v p1 ql u RY7 Lail -0 (V �.i ai 0 J Ln Q1 v H a w n N O. �' T r6 ro cpO--UgUa0�9 � iiw 20 C d Q C W L- -r- O O j i v u u O O U U U W Li LL Ln ,A Ln Ln Ll 1 O lil un a� rt F- E E v ro a v N v U 0 N Y 0 F- V) C UJ E Ln a Ln 4 L W 0 Ln C Ln Ln fy Ln Ln Q O fCi 3 a C 0 Z Lb M1 69 �- f0 L h N m Z h U U cn Y Ly C] � O W F- U E Q 0 za Q Q Ln Z W h O� � p Y J W Ln N v X ro h v v L Lj! v Ln �o X N b 4- 0 0 H II U x (� O U a) o Q •� p X a) � o O^Co o �� C6 O U � O =_ N m LO a) � •� cY) -02:N m O O N > LO CMO O O 0 -0C6 00 � 03 � � � •U 07 _O CO >' •� � a) co ca ti O O Q Eco U p O C:) C6 C6 to CN CO 0--o cy) CO x LL } C6 > `~ -FzQ a) ta cn Lo x -0 a) x CO N �_ p � m J CD m CN c� U lc:) i N Q D LL V O J v L Ci - CZ N O 0 E 0 c x � o U_ Lo C N E O O 03 U 4-j Q) N •� i N CO) N 1` O) N LO O M O O N 0 O ti O) '::1-1` O '= -,-j N u)N 07 N O M 1` O C6 N U M N L) � C`7 C`7 U C6 cl p (J) Q U a �-'' Q N O LL m O i N 4- 0 U 0_0 �> C6 � V i Q O LL E 2. O :3)U 4-j Q U U V U cB O J �' '_ •U J N �_ U_ J J ZZ U Q N N ON J .0 oO J O N U N O m O O Z3 .-. O m U U >, LLN N O N C6 LL (� N M N (1) C6 O'_0 O N m Q U) F a, �� U E E a >, c6 o m m J Z 0-a. 77D 00 z DI L 0 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Winnie Edwards, Executive Director, Delray Beach Historical Society THROUGH: Donald B. Cooper, City Manager DATE: August 20, 2015 SUBJECT: AGENDA ITEM 4.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 DELRAY BEACH HISTORICAL SOCIETY PRESENTATION BACKGROUND Winnie Edwards, Executive Director, DBHS will present this presentation. W U O U) Z U Q LU m Q ry J W D O 4- O 4- 0 cz cz C� N N N �U O U) (B U O 2 U m N m cz N N H Z O 2 O Q U CB O O m U CZ o� E� 4=:(n �(1) CB Q E� N � CZ >, (n Z3 4- cB O N E � N N � � N Q Q (nE U O U _O C: O U U) N � U O N CZ Q X N N � M Z3 E co cn a� Q ca O -I-- cz O U m Cz 4- 0 _N Q O N Q .N Ca N C� Cz Z3 O U N Cll U O N H N-SOCI ETY 0 � C/7 d s FM � O J X, SOCIETY p 0� ti y coz i ��'�tvr7i at<a ■ r O ■ N T CD N M CD N i FM Mol O Q N E N E N N O O N N M 4-0 N O N N � N O4-0 C6 � � N O E �� •> C6 N O 4 N � � UOj O U Mol O Q N E N E N N i 0 0 T� I s ati,� d •i f X, SOCIETY p S �VOr �` VV130 O 4—j O U)� N U L T +-+ O U O O U >' O Q (D �-j 4-j _0 � C6 U) N U X, SOCIETY p 4-0 J r -- r11 �°Yvaio + 4-0 L i o i OO 4-0 4-0 IM a) U E +� L O �E Lo. c6 L O Q� N O 4-0 � Q O ° � }' 0-0 ° N i 4-0 U U cn (n 4-0 W O cm o OU �° :3 4-0 V N U +� x W p X m U — O =_ L U o m m W —1 0 C o 0 0 0 0 0 0 0 o .1 0 O O O O In O O O In O O O O O O O O O O O O O o OI N N° 0 0 O O 0 0 0 0 0 C O O l0 W O O O a O O O O i� O N lO O 1l ll O O n N O to O m O cli� O 01 M O O O O O m O c -I O N to O O O m m In O 111 r- O O to a N In N w N m m m lD 't m m i� N 01 H lO m i� N to ci In m N lD 1 N .ti O N a N N m O N } to O m O a O In In o m o O O a m .�I m m o .� o m w o r In a m m to m m m m o of w .� o m .� n m m n In r In m o ao r r 1 N m N m o o to a a n N r ao N o m m o o m l» In N In a rcm In N to m N G ti H N LLL F ei m 'yDn Q O O O O O O O O N O O tf) O O O N V1 tD O M 7 O O O O W V) O M m V1 O O N c ttD C O 0 O O C N a 01 O N C C 3 m In to lf1 LD O to a m .ti W ti II1 N H In ci 1� N M lD N M a N N O N N N H O N Y O O � a y v° c m 3 a v .n C ° a °- m ° u t°n E a N Y O bCp £ o6 cm m bCp a m 11 Y N C C N 9 O Q y a°i m g c U v m a Y �- v°ii 06 a >� O lLi 3 w F ° g v ° c ° '- u - -o £ m oV c a @ U �6 h m m w m Y m cm o6 O E N u UL m � m a M Y u> " u E o Y m@> u N Y +� `° m a '^ y m .+_' v' m @ L a` °' °' c m 'E m m oif (2 �' '- '� u°1i (7 c v C7 Y r m v m v a` v a '@ on ° O �e ,., -° a c v o -° a an Y Y p °u w oii 0 W o� v o u s 06 O vl en oif ob g r E a` oil m� v t °i o a m m °b N ., c In m,,, c N on a` N m v ° E oil m m o a u u x v .. .. .. .. .. .. w E v v v v v v � Z O O N O > O X m S o O ` O m O N N N — u a m u u u a m F w F w v w a u 5 U� a=- m m DSOCF O a 0 0 0 0 0 0 F 4-0 I ETY cm G`o ti w N dQ o 0.(n L O 0C/)c n MEMORANDUM TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: August 20, 2015 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 CITY MANAGER DELRAY REACH F � o All-Amer"rca City 0 199'0: 2001 FROM: DATE: SUBJECT: 100 KI. W. iso AVLNUF 1 1)E1,,1.4`r 8EAC.H, FL0RIDA. ^124.4A 5011243-7000 MEMORANDUM Mayor and Commission Donald B. Cooper, City Mana July 27, 2015 Recommendations for funding of non -profits for FY 16 per GA -23 Revision 7 Attached herein please find recommendations for non-profit funding for fiscal year 15116 (FY16). The amount recommended is between $655,000 - $962,000, depending on what option is selected for library funding. GA -23 Revision 7 sets non-profit contributions at 1% of ad - valorem revenue which is estimated for FY16 at $51,712,720.00. One percent (1%) would equal $517,127.00. In fiscal FY14/15 the City funded $1,946.950 to non --profits including the library. The recommendation from the committee is significantly less than previous years funding. Requests were $2.37M from 32 different organizations. The recommended funding does not include any in-kind funding which would be in addition to the recommended funding. The purpose of this memo is to ascertain Commission direction as to the level of funding for non -profits or adopt the recommendations of the FY 16 Non -Profit Funding Committee for the purpose of finalizing the FY 16 budget. The requesting organization were informed that this matter was being brought before the Commission for the purposes of discussion and direction. Recommendation: 1. Adopt committee recommendations 2. Fund non -profits at existing levels (approximately 1.95M) 3. Fund at higher level (requests were 2.37M) DC/dr Attachments cc: Francine Ramaglia, Assistant City Manager Jack Wainer, Chief Financial Officer Lisa Herrmann, Planning Budgeting & Control Manager MEMORANDUM TO: Donald Cooper, City Manager FROM: FY 2016 Non -Profit Funding Committee Joan K. Goodrich, Economic Development Director, Chair Teresa Cantore, Treasurer Jocelyn Patrick Melissa Thorn, Contracts Administrator CC: Francine Ramaglia, Assistant City Manager Jack Warner, Chief Financial Officer DATE: July 15, 2015 SUBJECT: Recommendations from FY 2016 Non -Profit Funding Committee As per your request on June 22, 2015, the FY 2016 Non -Profit Funding Committee met in three sessions to consider 36 individual Non -Profit Funding requests from 32 charitable organizations for possible General Fund funding in fiscal year 2016. After reviewing the applications which totaled more than $2.37 million, we are recommending funding of between $655,000 and $962,000 at this time. A summary of our funding recommendations is listed on pages 3 and 4. It should be noted that this amount does not include the special event funding requests made by the Delray Beach Marketing Cooperative for Fourth of July, 100' Christmas Tree and Events Administration totaling $88,000. We believe these requests should be considered separately and by those evaluating Special Events Funding. While it was not the Committee's initial intent to recommend spending less than the suggested budget of $1.8 million, we generally felt that if taxpayer dollars were to be allocated a compelling business case was needed - including the number of Delray Beach residents impacted - along with a demonstrated track of good management, solid finances, and community partnerships. Guiding Principles and Questions The following questions were developed to guide conversations around each application since we were unable to identify past criteria used: 1. In the absence of such agency programs, would the City provide such service directly from its own resources? (Excerpt from GA -23 Revision 7 Charitable and Benevolent Contributions and Special Event Funding Program) 2. Is the investment being requested short-term in nature (same year impact) or would it have a longer-term impact (> than 1 year)? 3. Are others already doing something similar in Delray Beach? 4. Can the applicant partner with another local organization to provide the service or program? City Commission 09/03/2015 Regular Meeting, Item 11.A. FY 2016 Non -Profit Funding Committee Recommendations 1 S. How many Delray Beach residents are impacted? 6. Is there taxpayer value to the program or service (i.e. more sales taxes, bed taxes, increased assessed values)? 7. Is the organization receiving other governmental funding? We also focused on data points from each application which would allow for comparison such as the number of people served and the % of the organization's budget relative to the funding request. Finally, we sought to align the applicant's mission and cause with the City Commission's strategic goals of Economy, Neighborhoods, Quality Services, Education, Downtown and Community Unity formally adopted in 2012. EY 2016 Applicant Profile FY 2016 applicants serve more than 1.1 million people in Delray Beach and Palm Beach County, have operating budgets totaling more than $80 million ($7,000 - $11.3 million) and represent the following causes: Alzheimer's Support At -Risk Students Baby -Family Support Cancer Child Safety Child -Maternal Health Cultural Arts Destination Marketing Domestic Abuse Drug Prevention Education - Autism Family Homelessness Family Support Health Services Homeownership Hunger Job Readiness Legal Aid Library Mental Health Museum - History Archives Nature Center Nonprofit Training Redevelopment Student Enhancement Teen Center Veterans Support Youth Assistance Youth Sports Out of the 32 charitable organizations submitting applications this year, nine had previously received funding from the City of Delray Beach (28%) and five organizations (16%) also receive funding and/or in-kind services from the Delray Beach Community Redevelopment Agency too. Other Recommendations Moving forward the Committee recommends the City of Delray Beach clarify what purpose the Non - Profit Funding Program is actually seeking to accomplish (i.e. advance efforts in Arts & Culture, Education, Environment, Health, Human Resources, Workforce Development) and develop goals, criteria and key intended outcomes for the program. Once in place, it will be easier for the City to determine who should receive funding and the return on investment we are seeking. It is also recommended to limit funding levels and clarify what the funds can be used for such as administrative expenses, a program or project, special initiative, matching funds and/or capital improvements to ensure the City's funds are directed appropriately and as efficiently as possible. City Commission 09/03/2015 Regular Meeting, Item 11.A. FY 2016 ikon -Profit Funding Committee Recommendations 2 Finally, it is recommended that applicants seeking funding by both the City of Delray Beach and the Delray Beach Community Redevelopment Authority be evaluated by a joint Committee and use a standard process, criteria and guidelines. FY 2016 Funding Recommendations City Commission 09/03/2015 Regular Meeting, Item 11.A. FY 2016 Non -Profit Funding Committee Recommendations 3 Organization cause � RecommendationFY 2016 mmittee Proposed Conditions of Reason for Recommendation 1 Alzheimer's Community Care Alzhelmers Support $ Overlapping services z American Association ofCaregivingYouth Inc Youth Assistance $ 5,000 Recognize City as Supporter Not consistent with City Goals 3 American Cancer Society Cancer $ - at this time; invite to become more active in the communitv 4 Association for Community Counseling Mental Health $ - Overlapping services, limited impact in DB s AVDA Domestic Abuse $ 51000 Recognize City as Supporter 6 Boys and Girls Club Youth Assistance $ 7,500 Recognize City asSupporter 7 Caridad Center Inc. Health Services $ Overlappingservices a Christians Reaching Out to Society, Inc Hunger $ 5,000 Recognize City as Supporter 9 Community Child Care Center Family Support $ 15,000 Recognize City as Supporter Recognize City as Additional investment being io DB Center for the Arts/OSS Cultural Arts $ 125,000 Supporter; All made by City including grounds obligations to the City maintenance and repair must remain current 11 DBMC- Destination Marketing Destination Marketing $ 12,000 Recognize City as Supporter 12 Delray Beach Historical Society Museum - History Archives $ 10,000 Recognize City as Supporter is Delray Beach National Little League Youth Sports $ - Request should be handled through City's CIP process Match Proposed CRA FY 2016 Recognize City as Investment Supporter; Meet 14 Delray Beach Public Library - Option 1 $ 418,000 quarterly with City, Additional investment being Name City to Board as made by City including grounds Fxofficio maintenance and repair Recognize City as Fund 25% of current operating Supporter; Meet budget Delray Beach Public Library - Option 2 $ 517,925 quarterly with City; Additional investment being City to Board as Name City made by City including grounds maintenance and repair Recognize City as Fund 35% of current operating Supporter, Meet budget Delray Beach Public Library - Option 3 $ 725,000 quarterly with City; Additional investmentbeing Name City to Board as made by City including grounds Exofficio maintenance and repair Is Dress for Success Palm Beaches lob Readiness Is Vea limited local impact 16 Drug Abuse Foundation Drug Prevention $ Overlapping services; other governmental funding City Commission 09/03/2015 Regular Meeting, Item 11.A. FY 2016 Non -Profit Funding Committee Recommendations 3 Attachments: Summary of FY 2016 Non -Profit Funding Requests City of Delray Beach Policy GA -23, Rev. 7 and GA -23, Rev. 6 - Charitable and Benevolent Contributions and Special Event Funding City Commission 09/03/2015 Regular Meeting, Item 11.A. FY 2016 Non -Profit Funding Committee Recommendations 4 FY 2016 Proposed Reason for Organization Cause Committee Recommendation Conditions of Funding Recommendation All obligations to the 17 EPOCH Museum -History Archives $ 10,000 Citymustremain current Seeking proof of level 18 Family Promise of South Palm Beach County Family Homelessness $ 5,000 of service in DB before funding approved - released Recognize City as Additional investment being 19 Friends of Sandoway House Nature Center $ 10,000 Supporter made by City including grounds maintenance and repair 20 Habitat for Humanity of South Palm Beach Homeownership $ Intangible impact County 21 Healthy Mothers, Healthy Babies Coalition of Child -Maternal Health $ Other governmental funding Palm Beach County, Inc 22 HOW Foundation Veterans Support $ Overlapping service, federally funded 23 Junior League of Boca Raton Baby -Family Support $ Not consistent with DB Goals at this time 24 KidSafe Foundation Child Safe $Overla in services 25 Legal Aid Society of Palm Beach County Inc Legal Aid $ - City already investing through CDBG funding 25 Milagro Foundation Inc. Teen Center $ 7,500 Recognize City as SuvvorLer 27 Nonprofits First Nonprofit Training $ _ Unable to quantify local impact 28 Palm Beach School for Autism Education -Autism $ Very limited local impact 29 Success for Life Club Student Enhancement $ _ Not a 501c3 organization, school club Seeking proof of level 30 The Palm Beach County Food Bank Hunger $ 7,500 of service in DB before funding approved - released 31 West Atlantic Redevelopment Coalition Inc Redevelopment $ 12,500 Recognize City as Supporter 32 Women of Tomorrow Mentor & Scholarship At -Risk Students $ Overlapping services, current Charitable Funding - Option 1 $ 655,000 limi2actlimited Charitable Funding - Option 2 Charitable Funding - Option 3 $ 754,925 $ 962,000 Attachments: Summary of FY 2016 Non -Profit Funding Requests City of Delray Beach Policy GA -23, Rev. 7 and GA -23, Rev. 6 - Charitable and Benevolent Contributions and Special Event Funding City Commission 09/03/2015 Regular Meeting, Item 11.A. FY 2016 Non -Profit Funding Committee Recommendations 4 0n 0 0 0 0 O O o O h Q 0 0 o O 0 0 0 y m O N A\ N N ui NM 00 N {+i M O G1 N EN9 6N4 6M9 bN4 M 4Nh u-9 a'r14 ySA 0 h 0 0 o o O O O O C O O O o O 0 O 10l1 p p O C C iillpp UJ co O � bN9 yMq 6 � L U O o O On O O p O rn O o O tpp N Ln r V a' m M m w 04 69 M Vi In V3 ei O 0 o 0 0 O p 0 0 O 0 O o O O Mm e -i pyp M W co "0 13%o �0� O O O O o o O 0 e O n N n O M O ra O O O 0 0 0 O Q� tp N N C m O N N M O M Vl m N n N '•+ O N M O WO M m O M n O 6� O O O n 10 p 64 W M O 00 M M M O H t0 N n 0 �D lY a, m O Ll; N n iR tR N M M m n .-L m a, M Cl M W O m M rt 'd' O n n N n V3 69 1p fR tR N �O .-I tp tp O h N N N h 64 O m N ^J 69 ih to b4 io +r9 M ffi/ 4'/ fR fR Hy fR 49 44 a � O 0 O 0 O 0 o o O b b o O 0 O 0 0 0 0 0 0 0 0 0 0 o O O Q O Q 0 0 O p 0 0 0 O 0 O 0 O 0 O 0 0 0 0 0 0 0 0 o O p o 0 0 o 0 0 O O O p O o O b p (n O O M N O O N m tq N O O o m 0 to O O O tl O O In p' Vf' 1f V1 L4 O O O O ri O \ Ln n Off N +q d`} H W N N/ N fR N N H m ei m Vf m W H e7' m Vk H H 7R FA RM1 FA N N M FR O H Ln N M M y LA m m 07 M C] N If1' N 16 O+ p m M V! fR W Vi 64 49 Vf N 64 M 1A d' !A GG v 46 O O O O O m O O o O p p O O 0 0 0 0 0 0 0 0 O O o 0 O O 4 O O O O m o m 0 L!3 O O o p p O T O O p1 0 L I '61!1 N N L+1 t,:n Ci O o nmE" N N N .-t n m10; 10 4+ lylF n 10 OG m 69 M 69 tR 4R +R ry W H! M fR w v> iR FR Fq +? iFi M Vf 4R VI m V! t'' yqm °a° a O p O •y�� � D ttl 7 y s4 K � °rL. � U � m .`G � V ❑ ?, vii Vii v� ~6 ~Z O Tm m a Ca m a� m aq C.7 .4a ro m m m L o o m m m '� to c'"3 i¢ m 00 flt m Ca m m m m m m co m a� a w > a a a > > ay s > > >p > > > yw Baa mo m� mhD q A� A R A A A A q fl ❑ 0 12 r R �" .o.. A a z m O m 5C V r x ���.' N F >°+ ." ¢ Z v a y A u 0 o � m a v lJ o q� A .�.. d"� w 6�n 7 tj •y5 4u Oi 07 O os A•s�q� ���pp N a7 'a�yy 'C t0 L❑+ y�' y C� > 'O �i o v '�'El `-' IL y o O a C E m m °V ❑ 'C o � �3 9 a3i A .tea :d w �°, � ;� ry w � `y�"' � � .e� w ,w, y � � � ,� 3 � ° ❑ w i, +� Fs m � apwa � TRj d m ^�mq acs D .a V � m ma {y .p w p ~ w q 6 � r7 C o O a .NC a X P, w a. `"��. ^�}�. 11 A U 7 3 x .+� a �. x v ¢ A 6 v v o ° ,`� ism .3 n w w o o A p a a A1 vai w v ¢ .°-�' 1n :A"a v v N m y m �O n m T rM-1 ti rmtN r m M N N N N N N N N N N m M m Mm r GA -23.0 Purpose: The purpose of this policy, as approved by the City Commission on September 30, 1986, is to provide formal procedures for reviewing requests for charitable and benevolent contributions and special event funding from City Funds. GA -23.1 Procedures: The presentation and consideration of requests for City funding by agencies will be based on the following guidelines: 1. Agencies desiring funding from the City of Delray Beach are required to complete the City's "Application for Charitable and Benevolent Contribution Request" (Exhibit A) or "Application for Special Event Funding" (Exhibit B) for review prior to any award. 2. Requesting agencies should be agencies which supply a needed service to the Citizens of Delray Beach which, in the absence of such agency programs, the City would provide such service directly from its own resources. 3. Where possible, requesting agencies should participate in and provide volunteers to take advantage of special event fund raising opportunities taking place within the City of Delray Beach (Le,, Delray Affair, etc.). 4. Requesting agencies are required to submit their last tax return or audit report as part of the application. 5. Requesting agencies are required to demonstrate how they meet City Commission goals and objectives. 6. Funding applications will be reviewed by a Committee designated by the City Manager. The Committee's funding recommendations will be submitted to the City Commission as part of the annual budget process. City Commission 09/03/2015 Regular Meeting, Item 11.A. ADMINISTRATIVE SUBJECT; City of POLICIES AND PROCEDURES charitable and Benevolent Contributions Special Event and MANUAL Funding Delray NUMBER REVISIONS EFFECTIVE PAGE 1 OF 2 Beach GA -23 7 DATE: Plus Exhibits June 1, 2015 A & B SUPERSEDES APPROVED BY: f � GA -23, Rev. 6 6, 2010) G�'lJyDonald (July Cooper, City Manager GA -23.0 Purpose: The purpose of this policy, as approved by the City Commission on September 30, 1986, is to provide formal procedures for reviewing requests for charitable and benevolent contributions and special event funding from City Funds. GA -23.1 Procedures: The presentation and consideration of requests for City funding by agencies will be based on the following guidelines: 1. Agencies desiring funding from the City of Delray Beach are required to complete the City's "Application for Charitable and Benevolent Contribution Request" (Exhibit A) or "Application for Special Event Funding" (Exhibit B) for review prior to any award. 2. Requesting agencies should be agencies which supply a needed service to the Citizens of Delray Beach which, in the absence of such agency programs, the City would provide such service directly from its own resources. 3. Where possible, requesting agencies should participate in and provide volunteers to take advantage of special event fund raising opportunities taking place within the City of Delray Beach (Le,, Delray Affair, etc.). 4. Requesting agencies are required to submit their last tax return or audit report as part of the application. 5. Requesting agencies are required to demonstrate how they meet City Commission goals and objectives. 6. Funding applications will be reviewed by a Committee designated by the City Manager. The Committee's funding recommendations will be submitted to the City Commission as part of the annual budget process. City Commission 09/03/2015 Regular Meeting, Item 11.A. SUBJECT: Charitable and Benevolent Contributions and Special Event Funding NUMBER: GA -23, Rev. 7 PAGE: 2 7. .As a condition of being funded, the recipient organization shall submit Status Reports to the City Manager. Failure to submit these Status Reports may jeopardize approval of future requests for funding. S. The - total charitable and benevolent contribution funding for eligible requesting agencies should not exceed I% of the Ad Valorem Tax revenue annually. 9. The total special event funding should not exceed $50,000 annually. These guidelines are designed to be consistent with funding criteria which seek to ensure funding is provided for agencies that are involved in projects which serve Delray residents and that the Gity's contributions are relevant to the needs of Delray residents served. ` City Commission 09/03/2015 Regular Meeting, Item 11.A. MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: August 17, 2015 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 CITY ATTORNEY BACKGROUND City Attorney MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: August 17, 2015 SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 CITY COMMISSION MEMORANDUM TO: Mayor and City Commissioners FROM: Ralph Lugo, Plan Reviewer Isaac Kovner, City Engineer Randal Krejcarek, Director of Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: July 29, 2015 SUBJECT: AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 HOLD HARMLESS AGREEMENT/ROOF PAINTING BY HARTZELL, INC BACKGROUND Consider acceptance of Hold Harmless Agreement for access to 15 parking spaces located at Sandoway Park. In July 2015, Hartzell Painting Contractors (Edward Holman -President) requested permission and submitted a Hold Harmless Agreement to access 15 parking spaces at Sandoway Park to stage their boom lift for approx. 15 working days. They submitted a certificate of Liability Insurance and the revenue for the parking fee ($12.00 per space x 15 spaces=$180.00 x 15 days=$2700.00) will be collected in advance. The repainting project they're performing is at 120 South Ocean Blvd. which is located directly north of Sandoway Park. Attachments provided: I)Map Location 120 S. Ocean Blvd. 2)Hartzell Letter 3)Hartzell Fee Letter and Liability Insurance 4)Hold Harmless Agreement DISCUSSION Consider acceptance of Hold Harmless Agreement for access to 15 parking spaces located at Sandoway Park. TIMING OF THE REQUEST Timing of this request is of high importance in order for the contractor to commence the repainting project at 120 South Ocean Blvd. RECOMMENDATION By motion, approve Hold Harmless Agreement for Hartzell Painting Contractors to access 15 parking spaces at Sandoway Park HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this day of 2015 by and between the CITY OF DELRAY BEACH, a Florida municipal ze- fll.L' corporation (hereinafter referred to as "CITY") and r"�' +, (hereinafter referred to as "OPERATOR"). WITNESSETH: pc�U,4 WHEREAS, OPERATOR seeks to use a portion of Public Parking lot in order to place a boom lift on the property to work on the adjacent property known as !/1 ICI on 7114 ) , 2015 (hereinafter referred to as the "Event'), NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Indemnification. Indemnification. OPERATOR 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, Iiabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of OPERATOR, 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, OPERATOR shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Attorney, any sums due OPERATOR 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. 3. Restoration. OPERATOR agrees to repair and/or restore the property affected by this Event to its previous or better condition. 4. Insurance. OPERATOR shall obtain insurance covering the Event in the amounts and of the types specified in Exhibit "A" attached hereto which is incorporated herein as if fully set forth. 5. Governing laws; venue. This agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be brought in the State or Federal courts located in Palm Beach County, Florida. 6. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 7. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between 2 the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 9. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 3 EXHIBIT "A" INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH OPERATOR 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. OPERATOR 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. Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contractual relationship and activities being done under this Agreement. The policy will be endorsed to include the City of Delray Beach and its designees named as additional insureds. The insurance will be written on an occurrence basis with the limits of liability not less than $1,000,000.00 per occurrence, and $2,000,040.00 in the aggregate annually, covering bodily injury, property damage and personal injury. C. Motor Vehicle Liability Insurance covering all vehicles associated with OPERATOR'S 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. OPERATOR shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, at least two (2) days prior to the holding of the event. If so requested by the City, certified copies of insurance policies will be provided by OPERATOR. If any of the above coverages expire during the term of this Agreement, OPERATOR 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. I" Avenue, Delray Beach, Florida 33444 with a copy to Parking Management Specialist, 434 S. Swinton Avenue, Delray Beach, FL 33444. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Cleric Approved as to Form: By: City Attorney WITNESSES: (print or type name) (print or type name) STATE OF FLORIDA COUNTY OF &�-� CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstein, Mayor OPE TOR r J�,President The foregoing instrument was acknowledged before me this I cD day of SW cA , 2015 by ,5:r1ctZyd 14d;n-xGn (name of officer or agent, title of office r agent) ofCiirlhZ20, } (name of corporation acknowledging), a f ,-rje a (state or place of incorporation) corporation, on behalf of the corporation. He/She is pto me or has produced (type of identification) as identification and did (did not) take an oath. Sign e o otary Public - State of Florida a Notary Pubiic $tate of Florida Carly Bittlingmeyer My Cc�mnnsssion EE 1872'19 Expires 6512812016 4 7 41 i e P. ALs -7 A J July 20, 2015 "altic-ULELL r PAINTING CONTRACTORS RE: REQUEST TO USE PARKING SPACES AT SANDWAY PARK To Whom It May Concern, Hartzell Painting is currently preforming a repainting project at Ocean Place Condominium Association, Inc. Located at 120 South Ocean Blvd., Delray Beach, FL. 33483. We are requesting access to fifteen parking spaces located at Sandway Park for the use of a boom lift for approximately 2-3 weeks to complete the area adjacent to Sandway Park. Hartzell will commence work immediately upon approval of this request, Thank you for considering our request to use the above mentioned property. If you have any questions or concerns please do not hesitate to contact me. Sincerely, b Edward Holman, President PHONE: 954-957-9761 FAX: 954-957-9766 - TOLL FREE: 800-841-4859 23oi N.W. 33'd Court, Suite 112 1 Pompano Beach, FL. 33069 �ttality @Yen)ice C'J)n1eqri1Y Y RRUELL 2301 N.W. 33rd Court, Suite 12 Pompano Beach, FL 33069 Main Fax: (954) 957-9766 - Main Phone: (954) 957-9761- WSS Fax: (561) 482-9078 June 30, 2015 Jobsite: Ocean Place Condo 1.20 South Ocean Blvd Delray Beach, F133483 Attn. Isaac Kovner, P.E. City Engineer Ocean Place Condo Painting Project We will be blocking off with DOT approved safety cones 15 parking spaces of the Sandoway Park N.E. parking lot for 15 working days weather permitting between the hours of 7:30 A.M. and 4:30 P.M. We will be paying the City of Delray Beach $12.00 per parking space per day x 15 spaces = $180.00 x 15 days = $2,700.00. We will be using only roll and brush, there will be no overspray. Hartzell Painting will be fully responsible for any damage to cars. Approximate start date pending on approval. Please see Insurance Certificates attached. CERTIFICATE OF LIABILITY INSURANCE1 Date 5l27I2015 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. Holiday, FL 34691 rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Insurers Affording Coverage MAIC # (727) 938-5562 Insured: South East Personnel Leasing, Inc. & Subsidiaries 2739 U.S. Highway 19 N. Holiday, FL 34691 Insurer A: Lion Insurance Company 11075 Insurer B: Insurer C: Insurer D: Insurer E: Coverages The policies of insurance mated below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to Which this certificate may be issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSFt LTR ADDL INSRD Type of Insurance I Policy Number Policy Effective Date Policy Expiration Date Limits (MM/DD/YY} (MIVI/ Y} GENERAL LIABILITY Each occurrence $ Commercial General Liability Claims Made ❑ Occur Damage to rented premises (EA occurrence) $ Mad Exp $ General aggregate limit applies per: Personal Adv Injury $ General Aggregate $ Policy 1:1 Project 11LOC Products - Col Agg $ AUTOMOBILE LIABILITY CombinedSingle Limit Any Auto (EA Accident) $ Bodily Injury All Owned Autos Scheduled Autos (Per Person) $ Bodily Injury Hired Autos Non -Owned Autos (Per Accident) $ Properly Damage (Per Accident) $ EXCESSIUMBRELLA LIABILITY Each occurrence Cccur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2015 01/01/2016 X WC stat, I OTH- Employers' Liability tary Limits FR E,L, Each Accident $1.000,0170 Any proprietor/partner/executive officer/member excluded? NO E.L. Disease - Ea Employee $1,000,000 If Yes, describe under special provisions below. E.L. Disease -Policy Limits $1,00u,000 Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations/LocationsfVehicles!Exclusions added by Endorsement/Special Provisions: Client ID: 92-67-286 Coverage only applies to active empbyee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": Roof Painting By Hartzell, Inc. dba Hartzell Painting Coverage only applies to injuries incurred by South East Personnel Leasing, Inc, & Subsidiaries active employee(s), while working in: FL. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562, Project Name: WAIVER OF SUBROGATION APPLIES IN FAVOR OF CITY OF DELRAY BEACH I ISSUE 65-27-15 (TLD) Begin Date 4/112013 CERTIFICATE HOLDER CANCELLATION CITY OF DELRAY BEACH Should any of the above described policies be cancelled bafora the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. 434 S. SWINTON AVE 41_l DELRAY BEACH, FL 33444 OP ID: CT CERTIFICATE OF LIABILITY INSURANCE °0130/20Y6 06130!2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES. NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement; A statement on this certificate does not Confer rights to the certificate holder in lieu of such endorsement(s)., pROpUCER INNOVATIVE INSURANCE CONSULTANTS, INC. 5461 UNIVERSITY DRIVE, #103 CORAL SPRINGS, FL 33067 THOMAS J. DEFRANCO CONTACT NAME: PHONE No Ext): AIC No: ADDRESS: DRPAINT-6 CUSTCY+WER ID a: INSURERS AFFORDING COVERAGE NAIC # POLICY EFF. MMIDDIYYYY INSURED RODF.PAINTING BY HARTZELL, INC D/B/A HARTZELL PAINTING 2301 NW 33RD COURT, 112 POMPANO BEACH, FL 3330606 9 INSURERA:FIRST MERCURY INSURANCE CO.. 10657 INSURER 8: NATIONAL TRUST INSURANCE CO 20141 INSURER C. NORTH RIVER INSURANCE CO. 21'105 INSURERD:FCCI COMMERCIAL INSURANCE CO. 33472 INSURER E INSURER F : I.VYGKA"r__ CERTIFICATENt]M6FR° - o�►nc�nar arr raMnrn. THIS IS TO CERTIFY THAT THE ,POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED. NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED -BY PAID CLAIMS. ;LTR TYPE OF INSURANCE UBR POLICY NUMBER POLICY EFF. MMIDDIYYYY PO[ ICY EXP MMIDDIYYYYI LIMITS - GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 _AVA X COMMERCIAL GENERAL LIABILITY X X IL -CGL -0000044812-02 06/30/2015 06/30/2016 PREMISES -Ea occurrence $ 50,00 CLAIMS -MADE [X OCCUR MED EXP (Any one person) $ EXC X BLKT ADDL INSD PRIMARY & NOM -CONT PERSONALE ADV INJURY $ 1,000,00 X BLKT WAIVER GENERAL AGGREGATE $ .2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG. $ 2,000,00 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO CA000173214 0613012015 06130/2016 (Ea accident} BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY {Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (PERACCIDENT) X NON -OWNED AUTOS $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 29000,00 C X EXCESS LIAR CLAIMS - MADE 582-103912-5 06!3012015 0613012016 AGGREGATE $ 2,000,00 DEDUCTIBLE $ RETENTION WORKERS COMPENSATION WSTATU- C AND EMPLOYERS' LIABILITY YIN T Y L EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVEE.L. OPFICERWEMBER EXCLUDED? F-1 N 1 A E.L. DISEASE - EA EMPLOYEE ;Mandatory in NH) if yes daScrii�e under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ D PROPERTY . . CP0009718 3 06/3012015 06/30/2016 D INLAND MARINE CM0007605 3 06130/2015 06/30/2016 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 401, Additional Remarks Schedule, If more space Ie required) - DTDIHI5 C RTIFICATE SHALL RESPECT GENERAL LIAB LITY EVIDENCEADDITIONAL E PRIMARY INSURANC AND NON-CONTRIBUTORY TO ANY OTHER INSURANCE. A WAIVER OF SUBROGATION APPLIES IN FAVOR OF THE ADDITIONAL. INSURED WITH RESPECT TO GENERAL LIABILITY. DELRA-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF DELRAY BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 434 S. SWINTON AVENUE DELRAY BEACH, FL 33444 AUTHORIZED ItEPRESENTAnVE. ©1988-2009 ACORD CORPORATION. All rights_ reserved. ACORD 26 (2009109) The ACORD name and logo are registered marks of ACORD MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: July 30, 2015 SUBJECT: AGENDA ITEM 7.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 SERVICE AUTHORIZATION NO. 12-07/ DAVID MILLER & ASSOCIATES, P.A./FIRE STATION NO.5 GENERATOR UPGRADE BACKGROUND Request consideration to approve Service Authorization No. 12-07 for David Miller & Associates, P.A. in the not to exceed amount of $9,200.00, based on hourly rates for professional engineering and design services relating to the Fire Station No. 5 generator upgrade project, No. 14-011. David Miller & Associates, P.A. was retained by the City via RFQ #2012-05. The recommendation for award is in compliance with Code of Ordinances, Section 36.02 (C) (3) "Professional Services". The architect, David Miller will provide professional engineering and design services, specifically a construction set of plans, which comply with the City's Land Development Regulations for permanently installed generators. City Ordinance requires that generators are to be screened from view from adjacent properties or rights-of-way by a wall, hedge or both, equal to the height of the generator at the time of installation; plans will comply with all aesthetic requirements. Associated electrical generator plans have been prepared and shall be incorporated into this permit set of plans. The architect will provide limited construction administration services and assist the City with bidding, permitting, construction administration and project closeout. Approval by City Commission is required, based on the City's Purchasing Ordinance, specifically No. 29-13 Section 36.03 (B) Multiple Acquisitions each fiscal year. The original agreement, with David Miller & Associates, P.A. was executed on March 2012. Amendments were executed in February 4, 2014 and February 2nd 2015 extending the agreement through March of 2016. Negotiations regarding the hourly rates relating to the scope of services were finalized at a Sunshine meeting held on July 16, 2015. Attachments include: 1) Service Authorization No. 12-07 DISCUSSION Consider approval of Service Authorization No. 12-07 for David Miller & Associates, P.A. in the not to exceed amount of $9,200.00 for professional engineering and design services relating to the Fire Station No. 5 generator upgrade project, No. 14-011. TIMING OF THE REQUEST This project is funded in the current CIP. FUNDING SOURCE Funding is available from Machinery/Equipment). RECOMMENDATION 334-2311-522-64.90 (General Construction Fund/Fire/ Through a motion, approve Service Authorization No. 12-07 for David Miller & Associates, P.A. in the not to exceed amount of $9,200.00 for professional engineering and design services relating to the Fire Station No. 5 generator upgrade project, No. 14-011. CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: David Miller & Associates, P.A. SERVICE AUTHORIZATION NO. 12-07 FOR CONSULTING SERVICES CITY P.O. NO. CITY PROJECT NO. 14-011 TITLE: Fire Station No. 5 Generator Replacement Delray Beach, Florida CITY EXPENSE CODE: 334-2311-522-64 CONSULTANT PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated March, 2012 between the City of Delray Beach and David Miller & Associates, P.A. I. PROJECT DESCRIPTION City of Delray Beach Fire Station No. 5 Generator Replacement. The Project includes the preparation of construction plans and specifications for bidding and construction purposes as well as assistance during bidding and construction. Architectural, Landscape Architecture services are included. Civil Engineering and limited Mechanical, Electrical & Structural Engineering services are to be provided by others. The scope of the project includes construction of a new CBS enclosure for a new emergency generator and associated site improvements. IL SCOPE OF SERVICES The following scope of services is developed in accordance with the Standard Agreement for Architectural Services. Phases I —IV These phases are included in this Service Authorization. SPRAB review and approvals are included in Phase II. III. TIME OF PERFORMANCE Phases I -III will be completed within 90 days of acceptance of this Service Authorization. IV. COMPENSATION Architectural Services Not to Exceed Estimated Fees Phase I —Study & Report Phase $ 2,000.00 Hourly Basis Phase II- Preliminary Design Phase $ 4,000.00 Lump Sum Basis Phase III -Final Design Phase $ 2,000.00 Lump Sum Basis Phase IV- Construction Administration Phase $ 1,000.00 Hourly Basis Out -of -Pocket Expenses $ 200.00 Total Estimated Fees $ 9,200.00 Notes: Out of Pocket Expenses include the following: printing/reproduction/postage. Page 1 Of 3 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: David Miller & Associates, P.A. Date Cary D. Glickstein Mayor Attest: Approved as to Legal Sufficiency City Attorney Date By: (Seal) Witness (Signature) Witness (Printed) BEFORE ME, the foregoing instrument, this day of , 2015, was acknowledged by David R. Miller on behalf of David Miller & Associates, P.A., and said person executed the same free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State aforesaid this day of 12015. Notary Public State of Florida My Commission Expires: Page 2 Of 3 Exhibit B Professionals Hourly Raw Salary Rates Architect Principal $ 57.33 Project Manager $ 47.83 Architect 1 $ 38.0 Architect 11 $ 32.50 Interior Design $ 28.33 CADD Operator $ 24.83 Clerical $ 12.83 Engineers -Structural (#1) Principal N/A Project Manager N/A Project Engineer N/A CAD Operator N/A Engineers - MEP (#1) Principal N/A Project Engineer N/A CAD Drafting N/A Clerical N/A Page 3 Of 3 Hourly Raw Salary Rates Times 3.00 Multiplier $ 172.00 $ 143.50 $ 115.50 $ 97.50 $ 85.00 $ 74.50 $ 38.50 $ 172.00 $ 138.50 $ 92.00 $ 69.00 $ 172.00 $ 102.50 $ 79.50 $ 51.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal Krejcarek, Director Environmental Services John Morgan, Sustainability Officer THROUGH: Donald B. Cooper, City Manager DATE: August 5, 2015 SUBJECT: AGENDA ITEM 7.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 RESOLUTION NO. 54-15/ FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT BACKGROUND The Highway Beautification Grant Program is a statewide competitive program dedicated to the beautification of Florida highways as denoted in Chapter 339.2405, Florida Statutes. The Legislature has authorized $1,017,000 statewide for the 2015-2016 fiscal year. The Florida Highway Beautification Council may award a grant up to $101,700 for projects that beautify the State Highway System through landscaping. The grant can fund 100% of project costs; however, the Florida Department of Transportation (FDOT) strongly recommends that a local match of services in kind and/or dollars be offered to help achieve a high ranking and successfully compete for the funds. Grant applications must be for roads on the State Highway System. The eligible roads in Delray Beach are AIA, Federal Highway, and Atlantic Avenue. The sections of these roads that have FDOT projects underway or imminent are not eligible for grant funding. The deadline for grant application submissions is 5:00 p.m. on October 1, 2015. The complete grant application requirements are described in Rule Chapter 14-40, Florida Administrative Code. The Rule is being amended and applicants and applications must adhere to the requirements found in the DRAFT Rule. The applications will be reviewed, ranked, and awarded at the Annual Ranking Meeting of the Florida Highway Beautification Council in January 2016. Applications are evaluated base on the following attributes: (1) aesthetic value, (2) level of local support, (3) cost effectiveness, (4) feasibility of installation and maintenance, (5) environmental benefits, (6) right plant right place, (7) emphasis on low maintenance and water conservation, (8) waste reduction, (9) forethought and planning, and (10) value to the community. DISCUSSION The purpose of Resolution No. 54-15 is to authorize the City Manager to apply for a Florida Highway Beautification Council Grant and enter into all necessary agreements should the project be selected by the Florida Highway Beautification Council. Adoption of the resolution is a prerequisite for the grant application. City staff is currently working with FDOT District IV to identify an acceptable corridor project(s) for the upcoming grant application cycle. TIMING OF THE REOUEST The deadline for grant application submissions is 5:00 p.m. on October 1, 2015. RECOMMENDATION By motion, adopt Resolution No. 54-15 authorizing the City Manager to apply for a Florida Highway Beautification Council Grant and enter into all necessary agreements should the project be selected by the Florida Highway Beautification Council. RESOLUTION NO. 54-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT, AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION WHEREAS, many roadside areas and median strips within Department of Transportation rights of way must be maintained and attractively landscaped; and WHEREAS, the City Commission of the City of Delray Beach beautify and improve various rights of way by landscaping within the City of Delray Beach ; and WHEREAS, the City Commission of the City of Delray Beach wish to authorize the City Manager to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant, and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between the City of Delray Beach and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach hereby authorize the City Manager to apply for a Highway Beautification Council Grant from the Florida Department of Transportation, and if awarded, to accept the grant, and enter into a Highway Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between the City of Delray Beach and the Florida Department of Transportation. Section 2. The City Clerk of City of Delray Beach is hereby directed to send copies of this Resolution to the Department of Transportation and all other persons as directed by the City Commission. PASSED AND ADOPTED by the City Commission of the City of Delray Beach at regular meeting assembled this 3rd day of September 2015. ATTEST: City Clerk MAYOR RESOLUTION NO. 54-15 Rule 14-40.020 F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 650-050-10 FLORIDA HIGHWAY BEAUTIFICATION COUNCIL PRODUCTION SUPPORT osn s GRANT APPLICATION GENERAL INSTRUCTIONS: Statutory requirements for the Florida Highway Beautification Council Grant Program are found in Section 339.2405, Florida Statutes. Within Rule Chapter 14-40, Florida Administrative Code, are sections dealing with the grant application process, grant award process, and funding, construction, and maintenance of beautification projects. These documents and other helpful information can be reviewed on Florida's Highway Beautification Programs website, http://www.dot.state.fl.us/proaectmanagementoffice/highwaybeautification/ When a decision is made to apply for a Florida Highway Beautification Council Grant, please immediately notify the District Highway Beautification Council Grant Coordinator (Grant Coordinator). A directory of Grant Coordinators is posted on the program website. The Grant Coordinator will provide guidance, and help ensure that no other Department projects are in conflict with the grant project. Grant applications for landscape projects in conflict with other Department projects will not be accepted. Please complete all items in this application. This form includes a three tab Excel spreadsheet that can be found on the Florida Department of Transportation website. Attached sketches, photographs, conceptual plans, maps, narratives, and spreadsheets must be bound, and be no larger than 11 x 17 inches. Any pages larger than 8 % x 11 inches must be folded. Maximum number of pages for the application is 15; excluding plans, resolutions, and letters of support. To be eligible for a grant, ten (10) paper copies and a digital copy of the completed application form and other project information included in supporting documents must be received by the Grant Coordinator by the end of business on October 1. Late or incomplete applications, or any addendums or changes will not be accepted. Please retain a file with at least one copy with original signatures of all submitted documents. Questions should be directed to the Grant Coordinator. ATTRIBUTES: The Council will evaluate the application based on the following attributes: 1. Aesthetic Value: Describe how the project will enhance the beauty of the project location. 2. Level of Local Support: Describe how the community is making a meaningful investment in the project as evidenced by letters, local press coverage, local volunteer labor, local business participation, and level of match. 3. Cost effectiveness: Describe how the quality and cost of the materials and labor is an efficient use of grant funding. 4. Feasibility of Installation and Maintenance: Describe how the materials and methods of construction and maintenance (including water and irrigation) are compatible with roadway safety and operation, and document the ability and commitment of the maintaining agency. 5. Environmental Benefits: Describe how the project and proposed level of maintenance improve environmental conditions, such as preventing litter, minimizing erosion, reducing stormwater runoff, improving air and water quality, screening visual blight, conserving energy, conserving water, and sequestering carbon. 6. Right Plant Right Place: Describe how this project meets the requirements of Florida Friendly Landscaping as defined in Section 373.185, F.S. and required in Section 335.167, F.S.. 7. Emphasis on Low Maintenance and Water Conservation: Describe how the plants will grow strong and live long without extraordinary care. 8. Waste Reduction: Describe how the project utilizes recycled, reused, and reclaimed materials to the greatest extent feasible. 9. Forethought and Planning: Describe how the project contributes to a documented area wide or regional beautification plan. 10. Value to the Community: Describe how the grant will make a meaningful difference aesthetically, economically, and to quality of life in the community. PROJECT INFORMATION: Provide with the following supporting documents. • Location map • Photographs of existing conditions • One page written project narrative • Written or graphic conceptual plan (in accordance with Rule Chapter 14-40, F.A.C.) • One paragraph description of each evaluation attribute • Photographs or sketches of examples of proposed improvements • Estimated project budget (complete all three tabs on the accompanying Excel spreadsheet) • Anticipated maintenance activities and schedule • Anticipated means of providing supplemental water • Anticipated project schedule • Required resolution(s) THIS PAGE OF THE APPLICATION FORM IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE SUBMITTED. Rine 14-40.020 F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT APPLICATION 650-050-10 PRODUCTION SUPPORT 05/15 Page 1 of 3 APPLICANT INFORMATION: Applicant Name (Local Government Entity as defined in Section 11.45, F.S. or a local highway beautification council as established in accordance with Section 339.2405(9), F.S.): Federal Employer Identification (FEI) Number of Applicant: Contact Name: Position or Title: Address: Phone #: Email: Participating Organization(s): This application is for a grant in current fiscal year: (e.g., 2014-2015) PROJECT SUMMARY: County: U.S./S.R.#: Length of Project: From: To: City: Local Name: (Miles or Feet) (Must indicate mileposts and visible landmarks, i.e. intersections) (Must indicate mileposts and visible landmarks, i.e. intersections) GRANT SUMMARY (based on Tab 1 of accompanying spreadsheet): Amount requested: $ Applicant's match: $ Estimated Total Project Cost: $ Rule 14-40.020 F.A.C. 650-050-10 PRODUCTION SUPPORT 05/15 Page 2 of 3 APPLICANT ASSURANCES: The person preparing this Application should initial each of the following to indicate that the Application is complete. All existing agreements between applicant and Department are in good standing. Resolution: The applicant's governing body (local government entity, as defined in Section 11.45, F.S.) must have passed a resolution or resolutions approving the grant application and authorizing the individual who signs the grant application for the applicant to execute agreements and documents associated with the grant and maintenance of the landscape project. A copy of such resolution or resolutions must be included with the application. The Application is being transmitted to the District Highway Beautification Council Grant Coordinator having jurisdiction of the state highway on which the beautification project is proposed. All Project Information listed on page one of the application is attached to this form. The Project will meet all the Department of Transportation requirements pursuant to Rule 14- 40.003. The local governing body understands the attributes (listed in the last section of this form) to be used by the Florida Highway Beautification Council to prioritize all projects, and has addressed each attribute to the maximum extent possible. The Application, not including plans, resolutions and letters of support, is 15 pages or less. PREVIOUS GRANTS: During the past ten (10) years, in what years has the Applicant received a grant from the Florida Highway Beautification Council? The undersigned hereby certifies that all requirements of the grant program are understood, and that all information provided with this grant application is true and correct, and represents the desires of the local government entity where the project will be installed. Signature: Position/Title: Date: END OF APPLICANT SECTION Rule 14-40.020 F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 650-050-10 FLORIDA HIGHWAY BEAUTIFICATION COUNCIL PRODUCTION SUPPORT osn s GRANT APPLICATION Page 3 of 3 THIS SECTION TO BE COMPLETED BY FDOT DISTRICT HIGHWAY BEAUTIFICATION COUNCIL GRANT COORDINATOR. Is the applicant a local government entity, as defined in Section 11.45, F.S., or a local highway beautification council established in accordance with Section 339.2405(9), F.S.? Yes No If Grants have been received during the past ten (10) years, are the projects being satisfactorily maintained according to the terms of agreements? Yes No Comments: As District Highway Beautification Council Grant Coordinator I certify that the application was received from an eligible applicant on or before the October 1 application deadline, and to the best of my knowledge, the application meets all of the requirements of Rule 14-40.020, Florida Administrative Code. Signature of Grant Coordinator Date Within ten (10) working days after October 1, the Grant Coordinator shall send eight copies of the complete application to: State Transportation Landscape Architect Florida Department of Transportation 605 Suwannee Street, MS 40 Tallahassee, FL 32399 HIGHWAY BEAUTIFICATION AND LANDSCAPE MANAGEMENT DRAFT Rule Chapter 14-40, F.A.0 For immediate use by all 2015 applicants for Highway Beautification Council Grants PART I GENERAL PROVISIONS 14-40.003 Highway Landscape Projects PART It FLORIDA HIGHWAY BEAU 14-40.020 Grant Application Process 14-40.030 Repeated PART I GENERAL PROVISIONS 14-40.003 Highway Landscape Projec (1) Department Authorization Required. Chapter is required is required rany person right of way. Whenever t . 9t on or r landscaping on the Depa4vt's rig�itf way, Accommodation Manual, in,o�oratedrefe; cut, or trim, vegetation that s:&QV out&r-ad have been issue gtn su (2) Definit (a) "Abntg Private S 11 n-aA zation bytthe Department pursuant to this Rule ter,';e &*ckor ins a 1 ndscaping on the Department's t�,nan�ies cases the displacement of rOrp. will b 4c 'ducted as specified in the Utility e zi er Rule 14-46.001, F.A.C. Requests to remove, isin.signs for which outdoor advertising sign permits to Cha�t,�FS dust bale in accordance with Rule 14-10.057, F.A,C. Wo e y 04ik'�means any�e'rson or non-governmental entity having lawful control of lari ich adjoins, at' contigh�tt� to, Department non limited access right of way. (b) "Depart rn means the Flb�i a Depa ent of Transportation. (c) "Highway Lifioppe Projeci"JAFans any planned or actual landscape or landscaping on Department right of Awl.Jncluding i d struction or installation, planning, beautification, and maintenance thereof, by a local gover"t entit `ion governmental entity, or abutting private property owner. (d) "Landscape" or "Lanemeans any vegetation, mulches, irrigation systems, and any site amenities, such as, street furnivu�; decorative paving, fences, and lighting (excluding public utility street and area lighting). (e) "Local Governmental Entity" means as defined in Section 11.45(1), F.S. (f) "Non Governmental Entity" means any person or organization, other than a governmental entity, who seeks approval of a highway landscape project. (g) "Screen" or "Screening" means the planting or installation of any vegetation or other landscape material which will reach a height greater than the height of the bottom of the lowest sign face, as viewed from a height of 3.5 feet above the roadway surface at the edge of the travel lane closest to the outdoor advertising sign. (h) "View Zone" means as defined in Section 479.106(6), F.S. (3) Approval Criteria. (a) Approval is based on review of a complete set of landscape plans. The District Landscape Architect can be consulted during preparation of landscape plans. The following plan preparation guidelines must be used: L Project data must be included on sheet 1 of the plans, and must include a location map with beginning and end of project mile posts, index of plans included in the set, state road number, local government and contact information, and name and address of the person and firm who prepared the plans. 2. Plans must be drawn to scale, exhibiting an accurate and legible representation of existing conditions (above and below ground), and all proposed work. Plans must show all dimensions necessary to demonstrate compliance with this rule. If there is a baseline survey or centerline of construction, station points must be used. If there is no baseline survey or centerline, dimensioning must be from a fixed point. All dimensions must be noted in English system measurements (inches, feet, yards, miles, etc.). Plans must be plotted to scale on I I" X 17" multipurpose pam, Scale shall be such that clarity and legibility are preserved. Plans must contain a graphic scale and h arrow with standard orientation on each plan sheet, and reference the state road number, section uttiber, milepost, and local street names. Plans must also include curbs, edge of pavement, edge of tr laieguardrails, right of way fence and/or right of way lines, sidewalks, intersections, medii,breaks, driv+ays, bike lanes, transit facilities, surveying monuments, signs, view zones of permitt ddoor advertisirrgns, lighting, traffic signals, other traffic control devices, drainage features, li `` f clear sight, lateral offsets, set backs, and clear zone limits, existing off site features and conditions,- t bigh affect or are affecfM by,, the project, easements, above and below ground utilities, and all existing vegeta Vn. De s and text mil e large enough to be on legible all plan sheets. % :$ g p t t 3. Electronic files will be accepted whep FRI e . by the l artment. 4. All proposed landscaping must be ider, fie'd,6 1�e plans `I ,.all plants, give the following information in tabular form: `' 1 Common Name Botanical Name, including variety or cultivar Quantity Size when installed (height, caliper, spread, container size, clear trunk, multi -trunk, or any other descriptive aspect of the desired plants) Maximum maintained or typical mature height, spread, and trunk diameter of normal mature plant specimens measured 6 inches above the ground. 5. Landscape P. ris must includiq 6. Landscape planrqust include sight distances at inters.4ons will 7. The approval of lands4ape pla Design Standard 600 series i"�a� 46.001, F.A.C., and the Manua + Rule 14-15.010, F.A.C. -n §pt6fications for materials and installation. 6c installation details and demonstrate that lateral offsets and adversely impacted. .vires a work zone traffic control plan in accordance with FDOT in the. Utility Accommodation Manual by reference in Rule 14- T171 Traffic Control Devices as incorporated by reference under 8. A comprehensive maintenance plan must accompany the plans. The intent of design elements, such as to screen a view, maintain a clear sight distance, or assist with water retention, must be included in a description of the project, accompanied by a written or graphic guide describing the performance requirements of the entity responsible for maintaining the project. The maintenance plan must include requirements necessary to maintain and manage sight distance, horizontal and vertical clearance, accessibility, plant health, form, height and spread, mulch thickness and cover, edges, weeds and litter, irrigation system(s), hardscape, lighting, benches, and site amenities, and any other requirements necessary for the design intent to be fulfilled. The maintenance plan must include a work zone traffic control plan, and define the limits of the mowing and litter control that will be performed as part of the landscape project, When the landscape project is to be maintained by the Department, a maintenance cost estimate based on anticipated maintenance activities must be an attachment to the plans. 9. Plans must be prepared by a person who meets the requirements of Chapter 481, Part H, F.S. (b) No planting or installation of vegetation or other landscape material for landscape projects, or issuance of permits for such planting or installation, including construction and beautification projects, is allowed on Department right of way which screens or which, when mature, will screen an outdoor advertising sign permitted under Chapter 479, F.S. This prohibition also applies to outdoor advertising signs located within incorporated municipalities and not required to obtain a Department permit pursuant to s. 479.07(1), F.S. This prohibition applies to all landscape, construction, and beautification projects on Department right of way regardless of the source of funds for the project, except for landscape projects approved by the Department prior to the date of the original, state sign permit for the sign. For purposes of this rule, a landscape, construction, or beautification project isdq*ved when it is specifically identified in the Department's five year work program, is a perpo landscape project, is part of an executed agreement between the Department and a local goy ' , or has been approved in writing by the Department for installation at a later date by a local goVATItiient :. 0, 1. Screening is prohibited within an established vied e::: 2. When a landscape project is proposed within 1,O40I'eet approachmg� rmitted outdoor advertising sign designer of record will notify the sign permitt e the address providecdopecordance with rule subsection 14-10.011(2), F.A.0 w 3. The limits of the screening prohibition may be adju tc0 to r NO than or leskkNn the dimensions provided in section 479,106(6)(b), F.S. pant to a wntti ent between the )department, sign permittee, and a local governmental entitle'3agreement Qit be transferable to all future sign owners. � � t A (c) A local governmental entity may reque apprW41P. alter, r& ve, or install landscaping on the Department's right of way tlggffgh�ubmissiori J'ka land0oq an. Wpev public health, safety, and welfare, operation of the tr 4.06 t- system, hiAhe u,,'7 f env onment maybe jeopardized, the Department will require ihfrplans be geed an by a regis� &d landscape architect. After review by the Department, and the il�ing of necessarkvisions by the local governmental entity, the Department will pre are a write - agrecT p.IgArequiringMe local governmental entity to properly construct and maintain th l pe projM,Fl u >lig hl entire scape irrigation system. The landscape plan will become A Ahibit toy qp reer it.�If sepAra$p the Maintenance plan as described in subparagraph (3)(a)8 will° Some an additlibiViAl,,exhiblT the agreel ent. When the agreement is executed, and a Notice to PrAojs issued by tli Pepartx in t, the local governmental entity may proceed with the project. (d) Nan-governf iq ttaj entities m ,eek approval to alter, remove, or install landscaping on the Department's right of 4y"through s *ission of a landscape plan, and a resolution from the appropriate local government that coijA'ts the ISQM government to execution of an agreement to properly construct and maintain the e landsca t ' p pt'�a described in Section (c) above. (e) An abutting private prop64,owner is not required to comply with paragraph (3)(d) of this rule and may apply for a permit to alter or install landscape materials on the Department's non limited access right of way directly abutting the owner's property between the right of way line and the nearest edge of pavement through submission of a Permit for LandscEing on State Road Right of Wav, Form 650-050- 09, Rev. 09108, which is incorporated herein by reference at ht!ps://www.firules.or,a/Gateway/reference.asp?No=Ref-05493 and is available at httl2://www.dot,state.fl.us/proiectmana%4ementoffice/hi,hwa beautification/Council/Grants.shtm . When public safety, operation of the transportation system, or the quality of the environment is jeopardized, the District Landscape Architect will require abutting private property owners to submit for approval a landscape plan, maintenance plan, and work zone traffic control plan. (f) Non-governmental entities or abutting private property owners seeking approval to install landscaping on the Turnpike right of way shall submit a completed Form 650-050-09 to the District Landscape Architect, Florida's Turnpike Operations Center, P. O. Box 9828, Fort Lauderdale, Florida 33310. The application must be accompanied by a landscape plan, maintenance plan, and work zone traffic control plan. (g) Approval will only be granted when it is determined that all plans meet the requirements of this rule. No permit will be issued to an abutting private property owner to provide visibility of such property through the cutting, trimming, or removal of trees, shrubs, or herbaceous plants. (4) Government Approvals. If the proposed highway landscape project is to be located on an Interstate Highway facility, Federal Highway Administration (FHWA) review is required. Approval pursuant to this Part does not relieve the local governmental entity, non governmental entity, or abutting private property owner of local or other jurisdictional requirements. (5) Installation and Maintenance. "04' (a) All landscape installation or maintenance activities perfoK , Aty a local governmental entity, non governmental entity, or abutting property owner on the Departill9cs right of way must be performed in conformity with approved landscape plans. (b) If a landscape project is proposed for a median grinWed area v `oh is maintained pursuant to an agreement between the Department and a local govornental, and the agent obligates the local governmental entity to maintain the median or grasg 'area in accordance v li.pn approved maintenance plan, the agreement will be applied to the maintena&o"Qf the landscape projecli the Department has previously agreed to provide funds for such maintenanc,i incsed compensafi,will be provided by the Department for maintenance of the lgfi ospape project. (6) As-built plans, or a summary of cfik444afe required to itll landscape projects, and must be submitted to the District Office within 30 d#of project coi } ption. (7) Donation of Landscape Projects. The Lbrbartme,r, *ill accepMonations of plants, materials, installation, and maintenancg-f t,lapdscape prglP-qts on t � t p High+y System that meet the requirements of this rule. � dgii t d iandscap8 o olects s s b tanti Ily improve the appearance or manageability of the me&4� or roads"' e. s ► An agree ,tiiust be dn;fiie with the Department before installation of plants, material — or signs% he agreet must stipulate that the sign and the landscape project may be removed by the epar$%& -. or failure meet the requirements of this Rule Chapter or theagreement., (a)Signs tewledgin� io sated a dscape prgj t by an individual or entity may be erected on the right of way; when the donad9h nclud sjostallation lid maintenance or solely maintenance pursuant to an executed agr� mens. Such sills ill reit in in place for a term of five years, unless otherwise specified in the ager eTent. Signs i- gnizing'4onated landscape projects are a feature of the landscape project, not traffic ed'Atrol device, ps within the same local governmental jurisdiction should have a unifying theme represerrtO through � sign appearance, design, fabrication, and installation, and can include the local governm6pl juris4i&tional logo as part of the sign design. The sign face must be non- retroreflective, have no movt �.pArqw,, not be illuminated, and not contain commercial logos, business slogans, tag lines, telephone nuxitbers, web addresses, or trademarks, or give the impression of promotional advertising. Color combinations or shapes that are similar to warning and regulatory signs are prohibited. Signs will not interfere with any official traffic control device. Signs will be placed at each end of the landscape project. Any sign acknowledging donated landscape projects not meeting the requirement of this rule will be removed by the Department. (b) Interstate Highways: The sign acknowledging donation of landscape projects on the Interstate Highway System will be provided by the Department. This sign will be similar to the Adopt-a-Highway Program sign used by the Department, except that the word "landscaping" will be substituted for the words "litter control" and the colors will be green lettering on white background. The signs shall be installed and maintained by the Department. (c) Arterial Highways: The approved sign design for arterial highways is depicted in Figure 1. The rectangular sign panel will be no larger than 18 inches tall and 24 inches wide. Recommended text sizes and message are shown in Figure 1.. The sign must be mounted on break away posts. The top of signs will be a maximum of no more than two feet above grade. Installation of signs is contingent upon an agreement with the appropriate local governmental entity. The approved sign panel(s) must be provided and replaced by the local governmental entity. Signs will be placed according to the approved landscape r LANDCAPE By ,aR -���-- CONTRIBUTOR toratpailsr} �" �, NXI Figure 'I Aderlal and Limited A=ess Landscape Roadway Sign plan. Rulemaking Authority 334.044(2), 337.2 0N,337.405 FS. x#;Ymplemented 334.044(26), 335.167, 337.2505, 337.405, 339.24, 479.106 FS �'Vr� r� New 9-22 Amended 1-19-99, 4-2-02,5-22-05, 2- 8-06, 12-24-08,t .� 14-40.020 Grant Appli ra�4n ygcess. (1) Purpose. The Dep dfient rnaylpirpvide gr £ poWnee fof fghway beautification projects in accordance with Section :405, F.S,z a local t'nmental entity or a local highway beautification council. k $ - (2) Definitgg4.s� (a) "AgrF ut ` nt ai ct he cont of the gran, ;' " q� t (b) "Appl ¢ nt" means a Ido k. highway beautifcion council of (c) "Council"' ' ns the Florida; (d) "Department" maps the Flo (e) "Grant" means fuA4S .provide (f) "Grant Application"ff i ansx,tl 650-050-10, Rev. 05115, incotgt� ii betweeh I piAi+cant and the Department setting forth the terms 7errfi4ntal entity, as defined in Section 11.45(1), F. S., or a local ablish644p accordance with Section 339.2405(9), F.S. lighway6autification Council. h Department of Transportation. l.by the Department to Applicants, pursuant to this rule chapter. ;Florida Highway Beautification Council Grant Application, Form_ I herein by reference at https://www,flruies.org/Gateway/reference.asp?No=Ref-05492 and available on the Department website at http://www.dot.state.fl.us/projectmanagementoffice/highwaybeautification/Council/Grants.shtm. (g) "Grant Coordinator" means the Department District employee responsible for the Council grant program. (h) "Highway Beautification Project" means landscaping intended to enhance the attractiveness of roads on the State Highway System. Landscaping is to be installed on state highway right of way and may include property owned by a local governmental entity that abuts Department right of way, if the property is visible to the state highway system. (3) Grant Application. (a) Applicants must submit a grant application to the Grant Coordinator having jurisdiction over the state highway on which the beautification project is proposed. Grant applications must be accompanied by the following supporting documents: location map, photographs of existing conditions, one page written project narrative, written or graphic conceptual plan (in accordance with Part I of this rule chapter), one paragraph descriptions of each evaluation attribute, photographs or sketches of examples of proposed improvements, list of proposed plant species (scientific and botanical names) and anticipated quantities, anticipated maintenance schedule, proposed means of providing supplemental water, project schedule, and resolutions required in paragraph (e) below. (b) The grant application deadline is October 1 for each fiscal year. When preparing a grant application, applicants should meet and work with the Grant coordinator beginning three months or more in advance of the deadline, to give adequate time for review and revisions. Any incomplete or late filed applications will not be accepted. Because addendums, corrections, and edits of any kind will not be accepted after the application deadline, applicants are strongly encouraged to submit a draft application to the Grant Coordinator by September 1. (c) For the Council to consider a grant application, ten papep es, and one electronic file copy of the completed grant application and supporting documents , "stb received by the Grant Coordinator by October 1. (d) Applicants may submit an unlimited number otj6Apt applicati �k f or any number of project sites. The Grant Coordinator will note on the application ie�applicant previy received Council grants and if previous projects were maintained in accordance w th the terms of prior a"6rbfments. h (e) The applicant's governing body must have p ska a resolution approving the grant application and authorizing the individual who signs the grant applicati t r th licant to exe6�1p,, agreements and documents associated with the grant. A h of such fully A%d*d resolution or regAtions must be included with the application.E. 8,., (f) Applicants are encouraged to submit ant qlacations fc huhway beautification projects supported with equal (50 percent) matching %rids oi4�lc id contri&iti ns from other sources. Design fees up to 10 percent of the grant,ai arlt may be 600dered t ads the applsecant's match. Specific Authority 339.244 ' L I plemente 339.it stoXNew 1-19-99, Amended 11-22- 01, 3-20-03, 8-10-03, 12'2? 3, 2-8-6i =; 2-24-08,,. 14-40.022 Florida Highway) cautirk,ation Council rant Award Process. (1) The Councitlgl�hl)��t semiai ili ly;oyirn r often; i eeded to consider all grant applications submitted b xran f - dinat (2) The Cori 11 will conside l rant lications sWrhitted by each Grant Coordinator. (a) The Counb;ll�fill evaluate th6 %tpplicatih#SLbased on the following attributes: 1. Aesthetic valiill the projec`t�hance t'beauty of the project location? 2. Level of local s*brt: is the conIW4nity making a meaningful investment in the project as evidenced by letters, local press C Vvrage, loca olunteer labor, local business participation, and level of match? 3. Cost effectiveness: is tquality Oh,4cost of the materials and labor efficient use of grant funding? 4. Feasibility of installation!ardtenance: are the materials and methods of construction and maintenance 9including water ar,irrigation) compatible with roadway safety and operation, and documented ability and commitment of maintaining agency? 5. Environmental Benefits: does the project and proposed level of maintenance improve environmental conditions, such as preventing litter, minimizing erosion, improving air and water quality, screening visual blight, conserving energy, conserving water, and storing carbon? 6. Right plant right place: is the project Florida Friendly as defined in Section 373.185, F.S., and required in Section 335.167, F.S.? 7. Emphasis on low maintenance and water conservation: will the plants grow strong and live long without extra ordinary care? 8. Waste reduction: does the project include recycled, reused, and reclaimed materials to the greatest extent feasible? 9. Forethought and planning: does the project contribute to a documented area wide or regional beautification plan? 10, Value to the community: will the grant make a meaningful difference aesthetically, economically, and to the quality of life in the community? (b) The Council will assign a numerical score to each application by: 1, Reviewing each grant application and assigning a numerical score using the established range of 0 to 10 points for each attribute for a total possible score of 100 points. 2. Totaling all the attribute scores for a total application numerical score. (c) Grant applications will be ranked in priority by numerical score_, the highest numerical scare being ranked the highest priority. (3) The Council will provide the Department Secretary with a list ofyrioritized grant applications, with recommended funding levels, and conditions for grant awards. Specific Authority 339.2405 FS. Law Implemented 339.2405 F�' i, oryNew 3-9-99, Amended 11-22- 01, 3-20-03, 8-10-03, 12-23-03, 12-24-08,` L. 14-40.023 Funding, Construction, and Maintenance ,,6f WautificatinkProjects. (1) Award of Grants..1::'a� (a) The Secretary will award grants in the order the ppear on the Council �ioritized list and in accordance with available funding. Each grant will 64lipited to a maximum ofd @% of the total Department's beautification grants budget y (b) Official notice of each grant award Whj hr, made by the i tment by electronic.Aail to the applicant named in the grant application. ` � A. � (c) To accept a grant, an applicant must seho �ieflpfpi acceptai electronic mail to the Grant Coordinator within 15 days from the date of io4ipt of Ato. offer of h ward. A. (d) Funds will be releasetp artment *kqn agree tstare ex sled, the project is constructed as per plans approved by thai ee Part thi5c lapter)there is written final acceptance by the Department, and r gt expensesviewed dnd'approved by the Department. {e} All funding of grants ent O&n legislat ��ppropriations. {2} Execution of A reements. Li. "O , {a} Agreements s d with tl $ t rht$s , gxeciltoj, within one year from date of the letter of acceptance rn, eet thy 'rement of paragr .i474b.003(3)(c), F.A.C. Failure to execute the required a&elnents will re hop thealt award bei withdrawn. Future grant applications from an applicant wh6 failsy wi to complt ,= his s li ection will not be accepted for a period of two fiscal years. (b) The agreem6n4),between the licant a d4he Department must state: 1. The intended use the grant, as' scribed in the grant application. 2. The payment terms- j thoe grant lump sum reimbursement or progress payments for long term work). q tm 3. Any actions which the Dealt art will take in the event of noncompliance by the applicant. 4. The methods to be used by At epartment to determine compliance with the terms of the agreement. (c) The individual(s) who sign the agreements on behalf of the grant applicant, or the grant applicant's designee, shall certify that the project is implemented as specified in the agreements, and shall provide a certification of completion before the final invoices are submitted for the project. Specific Authority 339.2405 FS. Law Implemented 339.2405 FS. History New 3-20-03, Amended 8-10- 03, 12-24-08, FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of DATE , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component AGENCY of the State of Florida, hereinafter called the "DEPARTMENT" and the LOCAL GOVERNMENTAL ENTITY , a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY." WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road HWY# as partof the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscaping within the unpaved areas within the right of way of State Road HWY# ; and WHEREAS, the DEPARTMENT agrees that landscaping should be installed and maintained as proposed by AGENCY and has, through the Florida Highway Beautification Council, awarded AGENCY a beautification grant for installing such landscaping; and WHEREAS, the parties hereto mutually recognize the need for entering into an AGREEMENT designating and setting forth the responsibilities of each party; and WHEREAS, AGENCY, by Resolution No. ### , dated DATE and attached hereto as Exhibit' A," has accepted said grant and authorized its officers to execute this AGREEMENT on its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in the Landscape Plants) included as Exhibit `B." Such installation shall be pursuant to Rule 14- 40.003, Florida Administrative Code, as it may be amended from time to time. The AGENCY shall not change or deviate from said plants) without written approval of the DEPARTMENT. 2. The AGENCY agrees to maintain the landscaping within the median and areas outside the travel way within the right of way pursuant to the Landscape Maintenance Plants) included as Exhibit "C", and Rule 14-40.003, Florida Administrative Code, as it may be amended from time to time. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said plants) without written approval of the DEPARTMENT. 3. All landscape installation and maintenance activities undertaken by AGENCY shall be pursuant to the Work Zone Traffic Control Plants) included as Exhibit "D", and Rule 14-40.003, Florida Administrative Code. 4. If at any time after the AGENCY has assumed the landscaping installation or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly installed or maintained pursuant to the terms of this AGREEMENT, the District Secretary or his designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: a. If installation is not completed pursuant to the plans in paragraph 1, the DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel, and deduct the reasonable cost thereof from the money otherwise due the AGENCY under this AGREEMENT. b. If installation has been properly completed or if the DEPARTMENT elects not to complete the landscaping under (a) above, and maintenance by AGENCY is not in compliance with paragraphs 2 or 3, the DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, or The DEPARTMENT may terminate the AGREEMENT, in which case the AGENCY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the right-of-way to its original condition. The AGENCY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping materials, with the AGENCY being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, AGENCY shall cease installation and maintenance activities under this AGREEMENT. 5. It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the DEPARTMENT may remove the same. 6. AGENCY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, AGENCY remains responsible for proper performance under this AGREEMENT and shall take all steps necessary to ensure that its employees or third parties perform as required under this AGREEMENT. 7. The DEPARTMENT hereby agrees that, upon satisfaction of the conditions of paragraph 8 of this AGREEMENT, the DEPARTMENT will pay the AGENCY the amount of .00 as a grant pursuant to Section 339.2405(l 1), Florida Statutes. For purposes of this provision, the cost of such installation may only include costs which are allowed by Section 339.2405(l 1), Florida Statutes. 8. Payment shall be made to the AGENCY by the DEPARTMENT under the following conditions. a. This AGREEMENT has not been terminated pursuant paragraph 4. b. The grant award has not lapsed pursuant to paragraph 11. C. Written certification of the completion of the installation and acceptance by the AGENCY is provided to the DEPARTMENT. d. The Highway Beautification Council has inspected and issued written approval of the work or has issued a written waiver of its inspection rights pursuant to this AGREEMENT. A DEPARTMENT Landscape Architect has inspected the work and has issued a written determination that the AGENCY has completed the installation of the landscaping pursuant to the terms of this AGREEMENT. Payment under paragraph 8 of this AGREEMENT is also subject to the following conditions. a. Proof of receipt and approval of goods and services must be available upon request by the DEPARTMENT or the State Comptroller pursuant to Section 215.42, Florida Statutes. b. Bills for fees or other compensation for services or expenses that are recovered pursuant to this AGREEMENT shall contain detail sufficient for a proper preaudit or postaudit thereof. Records of costs incurred under the terms of this AGREEMENT shall be maintained by the AGENCY and made available upon request to the DEPARTMENT at all times during the period of this AGREEMENT and for three years after final payment is made. Copies of these documents shall be provided to the DEPARTMENT upon request. Records of the costs incurred include the AGENCY'S general accounting records, together with supporting documents and records of LOCAL GOVERNMENTAL ENTITY and all subcontractors performing work, and all other records considered necessary by the DEPARTMENT for a proper audit of costs. 10. The administration of funds awarded by the DEPARTMENT to the AGENCY may be subject to audits and/or monitoring by the DEPARTMENT as described in this section. a. In addition to reviews of audits conducted in accordance with OMB A-133 monitoring procedures may include, but not be limited to, on-site visits by DEPARTMENT staff, limited scope audits as defined by OMB A-133, and/or other procedures. By entering into this AGREEMENT, the AGENCY agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope or proj ect-specific audit of the AGENCY is appropriate, the AGENCY agrees to comply with any additional instructions provided by the DEPARTMENT to the AGENCY regarding such audit. The AGENCY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. b. In the event that the AGENCY expends a total amount of State awards (i.e., State financial assistance provided to the AGENCY to carry out a State project) equal to or in excess of $300,000 in the AGENCY's fiscal year, the AGENCY must have the State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapters 10.550 and 10.650, rules of the Auditor General. Paragraph 7 to this AGREEMENT indicates State funds awarded through the DEPARTMENT by this AGREEMENT. In determining the State awards expended in its fiscal year, the AGENCY shall consider all sources of State awards, including State funds received from the DEPARTMENT, except that State awards received by a non -State entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in paragraph 10.c. above, the AGENCY shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General. d. If the AGENCY expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the AGENCY expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from the AGENCY's funds obtained from other than State entities). Copies of the financial reporting packages required by paragraph 10 of this AGREEMENT shall be submitted by or on behalf of the AGENCY directly to each of the following: FDOT District Highway Beautification Council Grant Coordinator District Office Address (include the internet address) State of Florida Auditor General Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 f Any reports, management letters, or other information required to be submitted to the DEPARTMENT pursuant to this AGREEMENT shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapters 10.550 and 10.650, Rules of the Auditor General, as applicable. When submitting financial reporting package to the DEPARTMENT for audits, AGENCY should indicate the date that the financial reporting package is delivered to the DEPARTMENT in correspondence accompanying the financial reporting package. 11. The beautification grant awarded pursuant to this AGREEMENT shall be effective and continue for a period of one (1) year from the date of this AGREEMENT. 12. The term of this AGREEMENT commences upon execution. 13. The AGENCY shall indemnify, defend, and hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission or negligent act by the AGENCY, its agents, or employees, during the performance of the AGREEMENT, except that neither the AGENCY, its agents, nor its employees will be liable pursuant to this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents, or employees during the performance of the AGREEMENT. 14. When the DEPARTMENT receives a notice of claim for damages that may have been caused by the AGENCY in the performance of services pursuant to this AGREEMENT, the DEPARTMENT will immediately forward the claim to AGENCY, and the DEPARTMENT will evaluate the claim and report their findings to each other within seven working days and will jointly discuss options in defending the claim. After reviewing the claim, the DEPARTMENT will determine whether to require the participation of the AGENCY in the defense of the claim or to require that the AGENCY defend the DEPARTMENT in such claim pursuant to this section. The DEPARTMENT's failure to notify the AGENCY of a claim shall not release the AGENCY from any of the requirements of this section. The DEPARTMENT and the AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint responsibility, the costs and liability for damages will be shared in the same percentage as that judicially established. 15. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are no other AGREEMENTS and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 16. This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 17. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the AGREEMENT and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. LOCAL GOVERNMENTAL ENTITY (AGENCY) By: Mayor or Chairman Attest: Clerk/Director Legal Approval (SEAL) By: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary Attest: (SEAL) Executive Secretary Legal Approval AMPLE Catalog of State Financial Assistance (CSFA) Number - 55003 CSFA Title - Florida Highway Beautification Council Object Code — 750003 Category - 088850 EXHIBIT "A" RESOLUTION BY LOCAL GOVERNMENTAL ENTITYACCEPTING GRANT, AND A UTHORIZING ITS OFFICERS TO EXECUTE THIS AGREEMENT ONITS BEHALF EXAMPLE EXHIBIT "B" LANDSCAPE PLANAPPROVED BYDISTRICT LANDSCAPE ARCHITECT EXAMPLE EXHIBIT "C" LANDSCAPE MAINTENANCE PLAN APPROVED BYDISTRICT LANDSCAPE ARCHITECT FiXA�MPLE MEMORANDUM TO: Mayor and City Commissioners FROM: Randal Krejcarek, P.E., Director of Environmental Services Victor Majtenyi, Deputy Director of Public Utilities THROUGH: Donald B. Cooper, City Manager DATE: August 5, 2015 SUBJECT: AGENDA ITEM 7.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 SERVICE AUTHORIZATION #12-17 / KIMLEY HORN AND ASSOCIATES / WATER SUPPLY AND TREATMENT FEASIBILITY STUDY BACKGROUND Staff requests City Commission to consider Service Authorization No. 12-17 to Kimley Horn and Associates, Inc. (KHA) in the amount not to exceed $199,682, based on hour rates, for professional services in performing a Water Supply and Treatment Feasibility Study of the City's treatment plant in anticipation for meeting future customer demands, and maintaining the operational reliability of the aging plant (P/N 2015-023). This recommendation for award is in compliance with Code of Ordinances, Chapter 36, Section 36.02(C)(3). The age of City's core plant is closing in on fifty years, which was built in 1972. The most recent expansion and upgrade was performed in 1992, at which time lime softening was added to the treatment process. Considering the plant's age, it is anticipated that maintenance needs will increase and become more challenging as parts and equipment become less available. Therefore, staff has requested a proposal from KHA to conduct an evaluation of the City's water supply and existing treatment facilities and to perform a feasibility study for recommending options for future expansion. Scope of services will include collection of data regarding current water treatment operations, population projections for the next fifty (50) years (which is the projected equipment life cycle), conducting an evaluation of the system for future expansion, and providing options with associated planning level estimates. KHA has provided a proposal in an amount not to exceed $199,682. This recommendation for award is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(3). The City utilized engineering consultants retained via RFQ #2012-06 (City Project #12-057). The original agreement, with the Consultant, was executed on January 24, 2012. Amendment No. 2 was executed in January 2015 extending the agreement through January 2016. Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine Meeting in August 2015. Attachments: - Service Authorization #12-17. DISCUSSION This is a request for City Commission to consider Service Authorization No. 12-17 with Kimley Horn and Associates, Inc. in the amount of $199,682 for professional services related to performing a Water Supply and Treatment Feasibility Study of the City's water utility in anticipation for meeting future customer demands, and maintaining the operational reliability of the aging water treatment plant (P/N 2015-023). FUNDING SOURCE Funding in the amount of $199,682 will be available upon a budget transfer from account 442-5178- 536-31.90, Water & Sewer Renewal and Replacement Fund- Other Professional Services. RECOMMENDATION By motion, request City Commission to approve Service Authorization No. 12-17 with Kimley Horn and Associates, Inc. in the amount of $199,682 for professional services related to performing a Water Supply and Treatment Feasibility Study of the City's treatment plant in anticipation for meeting future customer demands, and maintaining the operational reliability of the aging water treatment plant (P/N 2015-023). CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: Kin -ley Horn and Associates, Inc. SERVICE AUTHORIZATIONNO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: DELRAY BEACH WATER SUPPLY AND TREATMENT FEASIBILITY STUDY CITY PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract, dated February 22, 2012. L PROJECT DESCRIPTION Kimley-Horn and Associates, Inc. ("KHA", "Consultant") is pleased to submit this service authorization request to the City of Delray Beach ("Client" or "City") for providing services for a Water Supply and Treatment Feasibility Study. Our project understanding, scope of services and fee follow. The City of Delray Beach's existing water treatment plant was constructed in 1972 with the most recent major expansion taking place 1992. Due to the age of the water treatment plant and in anticipation of increasing potable water demands in the future, the City has requested that Kirnley- Horn provide a scope of services to conduct an evaluation of the City's existing water supply and treatment facilities and to perform a feasibility study to recommend options for expanding the City's treatment capacity to meet the projected water demands for the next fifty years. Based on this understanding, the following scope of services will be performed by the Consultant: IL SCOPE OF SERVICES TASK 1— KICKOFF MEETING AND DATA COLLECTION Kimley-Horn will attend a kick-off meeting with of the City of Delray Beach staff to discuss the project goals and refine the approach to developing and conducting the Water Supply and Treatment Feasibility Study. 1 Kimley-Horn will collect, review, and organize information provided by the City including, but not limited to, historical population numbers, recent MOR's, information related to the history of the water treatment plant, flow charts, current operating costs, pump curves for the high service pumps and supply wells, recent condition assessments performed for the ground storage tanks, and other information related to the capacity and condition of the water supply, treatment, and storage facilities. TASK 2 — 50 -YEAR POPULATION PROJECTIONS Kimley-Horn will prepare baseline population projection estimates for the City of Delray Beach and its respective water supply area (i.e., Gulfstream) for the next 50 years. It is assumed Kimley-Horn will utilize readily available population and demographic information including methodology and analysis prepared as part of the 15 -Year Water Supply Facilities Work Plan as the basis for the projections. Specifically, Kimley-Horn will: • Assemble existing population data from the Bureau of Economic and Business Research (BEBR) and other readily available and reliable demographic resources including the 2013/14 Palm Beach County Population Allocation Model. • Meet up to two (2) times with the City to identify the future growth areas including annexation and redevelopment areas within the study time period. • Based on this meeting, confirm the boundaries of the population study area. • Develop a 50 -year linear population model using assembled data. • Present estimates in 5 -year increments. • Review the new population projections with City staff and revise up to two (2) times accordingly based on City comments. • Submit final 50 -year population projection estimate for the City and its service area. TASK 3 — WATER SUPPLY AND TREATMENT EVALUATION Kimley-Horn will conduct an evaluation of the City of Delray Beach's existing water supply and treatment facilities and perform a feasibility study to recommend options for expanding the City's treatment capacity to meet the projected water demands for the next fifty years. It is anticipated that up to four (4) progress meetings will be held as part of this evaluation. The following is a list of the sections that are anticipated to be included in the Feasibility Study document and a description of the scope of work involved for each section. Section 1 Kimley-Horn will review available information about the history of the existing water supply and distribution system including milestone dates, facility additions, and number of customers served. This information will be summarized and incorporated into the Feasibility Study document as a section on the history of the water system. 2 Section 2 In the 15 -year Water Supply Facilities Work Plan prepared by Kimley-Horn under a separate Service Authorization, the limits of the existing service area and the expected limits of the service area 15 - years in the future were established. Expansion of the service area is primarily due to areas that are currently within Palm Beach County that are expected to be annexed into the City's service area within the next 15 -years. As part of the population projections in Task 2, Kimley-Horn will work with City planners to identify areas that can be reasonably expected to be annexed in to the City's service area between years 15 and 50. This information will be used to develop a map of the projected limits of the City's service area in 50 -years and used to develop the 50 -year water demands in a subsequent task. The map of the existing service area that was developed for the Water Supply Plan and the map of 50 -year service area developed in this task will be incorporated into the Feasibility Study document. Section 3 In the 15 -year Water Supply Facilities Work Plan prepared by Kimley-Horn under a separate Service Authorization, Kimley-Horn reviewed historical population projections and water demands to establish the existing Level of Service (LOS) for the City's distribution system. It is understood, that in recent years the City has lowered the distribution system pressure in order to comply with water conservation goals. The LOS established for the 15 -year Water Supply Plan assumed that the City would continue operating at the reduced distribution pressure for the foreseeable future. Kimley- Horn will review the historical water demands and population numbers to estimate an appropriate LOS for the City assuming that the distribution system pressure will be raised in the future. This LOS will be used to develop the 50 -year water demands in a subsequent task. A summary review of the historical LOS and projected LOS will be incorporated into the Feasibility Study document. Section 4 As part of the 15 -year Water Supply Facilities Work Plan prepared by Kimley-Horn under a separate Service Authorization, Kimley-Horn reviewed monthly operating reports for the previous 10 -years. As part of this task, monthly operating reports for 2014 and 2015 will be reviewed to establish an appropriate baseline average daily flow for 2014. Future demands for 2015 to 2065 will be developed by applying the level of service established in the previous task to the population projections developed in Task 2. It is assumed that the City will continue to serve the City of Gulfstream in this time period. Therefore, the projected water demands will include the projected demands from the City of Gulfstream. Any proposed expansion to the City's reclaimed system which could potentially replace existing potable water demands will also be considered and an estimate of water distribution losses will also be considered in the demand development. A summary of the methodology and assumptions used to develop the future demands and a table of the future demands will be included in the Feasibility Study document. Section 5 The capacity of water supply and treatment systems is generally designated by the Average Day Demand (ADD) which is the amount of water required to satisfy customer demand, including internal uses, flushing, and distribution system losses, over a one year period divided by 365 days. The treatment plant capacity and the raw water supply capacity are based on the Maximum Day Demand (MDD) which is the amount of water demanded by the customers over a single 24 hour day. This normally occurs about 7 times per year. The highest rate of flow from the water treatment plant to the customers is the Peak Hour Demand (PHD) which is provided by the high service pumps using water in the storage tanks. Both MDD and PHD are determined and then expressed as a multiple of ADD. Kimley-Horn will review the available data relative to individual customer demand and historical demands for approximately the past 10 years. All available data will be analyzed to establish an average day demand for residential customers that will include commercial customers. These customer demand values will be modified from historical information as deemed appropriate to adjust for times when the demands were artificially lowered based on the assumption that the artificial lowering of demand will be eliminated in the future. Establishment of these demands will allow projections to be made based on the population projection established in Task 2. Plant operating data will be used to establish acceptable values for the MDD and PHD factors. This information will be used to establish future capacity requirements for all plant components. Section 6 Raw water supply for the Delray Beach Water Treatment System is regulated by South Florida Water Management District (SFWMD). All aspects of the water treatment system, finished water storage, and water transmission/distribution system are regulated by the Florida Department of Environmental Protection (FDEP) through Palm Beach County Health Department (PBCHD). Regulations affecting the future water quality of drinking water are generally established by the United State Environmental Protection Agency (EPA) then enforced by FDEP. Kimley-Horn will assemble the available permits affecting the City of Delray Beach Water supply and treatment systems and prepare a synopsis of the relevant requirements in these permits. Kimley-Horn will prepare a description of the impacts on the City Water System from the existing permits, existing regulations, and future regulatory matters based on our experience. We will conduct interviews with the City staff to discuss establishment of water quality goals for the future that include regulatory requirements and also the City driven components of the water quality. This document will play a significant role in establishing the future water treatment requirements in order to meet the established water quality goals. Section 7 Kimley-Horn will prepare a list of significant components of the water supply, water treatment, and system storage components of the Delray Beach Water System. For each component KHA will establish a year, or estimated year, of installation and consequent age, capacity and applicable units, permit status, normally expected service life, and a condition assessment. This will involve numerous visits to the water treatment facilities and visits to each well site as well as remote facilities. In addition El to the table listing all the information stated above, a narrative summary will be prepared providing an overall assessment of the individual equipment component condition assessment. Section 8 Delray Beach currently treats surficial water from its wellfields using lime softening and gravity filtration. The raw water supplied to these treatment units is supplemented with brackish water from a Floridan aquifer well as needed. Based on the current regulatory environment, the SFWMD has been reluctant to increase allocation from the surficial aquifer. Therefore, the City may need to consider alternate sources for meeting future water demands including additional Floridan well allocations or seawater. A narrative summary will be prepared to examine the permitting issues, feasibility, and scale of costs associated with meeting the City's future water demands with the three water sources: additional surficial water allocation, Floridan well water, and seawater. As part of development of this narrative, Kimley-Horn will meet with SFMWD staff to discuss the feasibility and likelihood of permitting the different options for additional raw water supply. Section 9 Based on the assessed condition of the water system facilities, quality of the future raw water supply, and established finished water quality goals, Kimley-Horn will develop up to three options for treatment processes and or treatment components to treat the projected raw water to meet the established water quality goals. Each of these water treatment options will be examined and a discussion presented of the suitability, pros, cons, and ability to implement of each of the options. For each option a preliminary site plan will be prepared and this site plan will include recognition that any construction on the existing water plant site must allow the existing treatment facilities to remain in service during construction of any new treatment facilities. Recommendations will also be provided for any additional raw water mains that may be required for each treatment option. Section 10 The capacity of the existing storage and pumping facilities will be analyzed to determine if additional storage and/or pumping facilities will be required in the future to provide adequate storage to meet peak hour demand, flow equalization, fire flow, and as required by the Florida Administrative Code. Additionally, the condition of the facilities as established in a previous task will be considered in the recommendation of whether to replace and/or modify these facilities. A list of potential upgrades to these facilities based on both capacity and condition will be developed and included in the Feasibility Study document. Section 11 Kimley-Horn will prepare planning level estimates in current dollars for the raw water supply, water treatment, water storage, and raw water transmission mains identified in the options discussed above. Section 12 Kimley-Horn will develop a flow projection curve based on the baseline water demands and the future water demands developed under a previous task. The curve will also show the permitted, water supply, and treatment capacity of existing water treatment plant. This information will be used to establish when the significant components of the water supply, water treatment, and system storage components of the Delray Beach Water System need to be in service in order to continue meeting customer demands. A schedule of when the recommended improvements are performed will be included in the Feasibility Study document. TASK 4 — WATER SUPPLY AND TREATMENT FEASABILITY STUDY DOCUMENT • Kimley-Horn will prepare a draft Water Supply and Treatment Feasibility Study that includes the sections listed in the previous task and accompanying figures, tables, and exhibits. • We will attend up to two (2) meetings to discuss findings of the study and respond to up to (2) rounds of reasonable review comments before finalizing the study. • We will provide five (5) hard copies of the report including all appendices and cost estimates. The report will include reduced size (11x17) exhibits. ADDITIONAL SERVICES KHA believes the proposed scope of services to be generally inclusive of the required tasks. However, KHA will provide additional services at the request of the City and upon receipt of written authorization to proceed. KHA also will provide additional services that arise due to unforeseen circumstances with prior written authorization from the City. Additional services that we can perform upon request of the City include, but are not limited to, the following: • Preliminary Design Report for the recommended treatment option (s). • Permitting services. • Construction drawings. • Meetings not specifically referenced in the above scope of services. Additional services will be performed based on proposals approved by the City in advance of the performance of those services. SCHEDULE KHA will begin work upon receiving a notice to proceed from the Client. We propose the following schedule: • Client issues Notice to Proceed (NTP). • Prepare 50 -year Population Projections over a 1-2 month period • Conduct the Water Supply and Treatment Evaluation over a 5-6 months period • Prepare and submit the Water Supply and Treatment Evaluation Study Document in 7 to 8 months from the NTP ON We will endeavor to meet this deadline with the schedule as outlined above. III. BUDGET Fee and Expenses KHA will perform the Services in Tasks 1 -4 on an hourly basis not to exceed the fees below without your permission. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Individual task amounts are informational only. Reimbursable Expenses billed under this contract could include: in-house duplicating, facsimiles, postage, express delivery services, large -format color printing, construction drawing printing, specification printing, and other out -of house printing. Reimbursable expense will be billed as incurred and back up documentation will be provided for these expenses. Additional services which may be identified as needed at a later time will be negotiated at that time. TASK DESCRIPTION FEE 1 Project Kickoff and Data Collection $7,318 2 Population Projections $8,960 3 Water Supply and Treatment Evaluation $164,914 4 Water Supply and Treatment Feasibility Study Document $18,290 Estimated Reimbursable Expenses $200 Total (Including Reimbursable Expenses) $199,682 IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Cary D. Glickstein, Mayor Witness (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney KIMLEY-HORNAND ASSOCIATES, INC. Date I- , S By: _Izw (Seal) v �Y....... . ............ ' GO R P©� �s© >E BEFORE ME, the foregoing instrument, this lut�1 day of 2015, was acknowledged by�,,n �, n on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there- in expressed. Witness my hand and seal in the County and State aforesaid this —A—U-" day of ZYW LA , 2015. Notary Public State of Florida M Commission E ' "�Y P�gG' LISA M. HILI_ My A Commission # FF 194010 •q Expires May 18, 2019 Kr\WPB—Civil\General\FHoward\Proposals\Delray Beach\Water supply and Treatment Master Plan\DELRAY BEACH SCOPE CF WORK JEP 7-7- , F�SEP` BundadThru Troyrmrinauww8WM5.018 8 \ \ \ \ \ \ \ \ & � \ \ \\ 3 \ \ g g g g g g g g g % z n n n n n n n � z z 4 c « g \ � / \ z / ® 3 \ e \ / z g g g g g g g g g ^ \\ § \� � 4 \ g g & g \ y \ \ ± ƒ \ g z o ¢ / § jz «® 2 g c g 7 g g g g g g g c \$5 z 2 & \ \ § \ t / 2 = g ) & @ \ cz 3 c e f f 2 \ z ƒ f K y x \ \ \ \ / \ / /// a w 4 > 3 6 W O `1� 00 00 M 69 W � l 69 6�9 00 69 m 69 ol 69 O 69 l 69 l 69 69 69 .--i 00 \O W 0 69 O O O O O W N O � O O � WN N N N N N O O 00 O O p M O cz M x o 0 0 0 0 0 00 0 0 0 R cz cz M O O O (� O QW! a Q Ct O O O O O 4� O O O O vi O vi O O O O Ocz O O O O O O N O N 00 Op 0 0 p O O cz w Ctct N O O O O � 75 Py N cz U O O O O O O O O 10 O 00cz O O 00 Op 0 O 0 O cz M 0 52, w � a cz v o cn w r w Nct W m cz H H Py MEMORANDUM TO: Mayor and City Commissioners FROM: Michael Coleman, Community Improvement Department Director THROUGH: Donald B. Cooper, City Manager DATE: August 19, 2015 SUBJECT: AGENDA ITEM 7.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 CHANGE ORDER NO.2 TO NEIGHBORHOOD STABILIZATION PROGRAM (NSP) GRANT AWARD/ AMENDMENT NO. 1 TO PURCHASE AND SALE CONTRACT FOR 510 S.W. 14TH AVENUE BACKGROUND On February 18, 2014, the City Commission approved a list of qualified vendors in response to RFP 01- 2014NS to obtain general contractors to provide housing rehabilitation services for NSP properties. A Housing Rehabilitation Grant was awarded to CJ Contracting LLC., in the amount of $24,041.85 for work to be conducted on a home located at 510 SW 14th Avenue with a contract completion date of March 25, 2014. The grant was approved per Code of Ordinances, Chapter 36, Section 36.02(B), "Written Quotations Method" approved by the City Manager, change orders were approved in succession for $940.00 within contingency. During rehabilitation, it was noted there were additional damages due to a commode water supply line connection in the bathroom, which failed and flooded the structure months after the required repairs were completed. Eco Advisors, LLC, provided assessment and corrective methods for mold remediation and repair totaling $14,000, which was covered by an insurance claim. On May 20, 2015, the City agreed to sell this Neighborhood Stabilization Program property located at 510 SW 14th Avenue to Patricia Green for the purchase price of One Hundred Fifteen Thousand Dollars and 00/100 cents ($115,000) or appraised value and provide subsidy up to $25,000 secured by promissory note and second mortgage. Upon lender appraisal inspection, additional items were noted to require repair in order for the buyer to qualify for a mortgage loan. The negotiated change order price from the contractor totals $2,430.00 (see Change Order Form). ANALYSIS OF CONTRACT STATUS TO DATE COST The Original contract sum (plus Contingency) was $24,041.85 Net change from previous change orders $940.00 The contract sum prior to this change order was $23,837.00 The contract sum will be [ x ] increased [ ] decreased [ ] unchanged by thisl $2,430.00 change order The new contract sum including this change order will be 1 $26,267.00 After this change order, contract time will be: [ ] Unchanged [X] Increased by 60 working days Decreased by wor The initial item was bid utilizing the Commission -approved Neighborhood Rehabilitation Program process. This request is in accordance with Chapter 36, Section 36.06(A)(1), "Change Orders". Approval is needed for the change order in the amount of $2,430.00. Approval is also needed for acquisition of services by CJ Contracting, LLC., as this award will result in multiple acquisitions for services in the current fiscal year and aggregately exceed the $25,000 per Code of Ordinances, Section 36.03 (B). Further, approval is needed to extend the contract for the buyer to October 31, 2015 in order for the additional work to be completed. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Item before the Commission is a request is to approve the change order in the amount of $2,430.00 and approval to allow CJ Contracting, LLC., to be awarded multiple acquisitions of services exceeding $25,000 in a Fiscal Year. Approval is also requested for an extension of contract through purchase and sale contract addendum to October 31, 2015. TIMING OF THE REQUEST This item is very time -sensitive. Rehabilitation delay will delay time -frame of closing. FUNDING SOURCE Neighborhood Stabilization Program 118-1935-554-62.12 RECOMMENDATION By Motion, approve the change order in the amount of $2,430.00 to CJ Contracting, LLC. in accordance with Chapter 36, Section 36.06(A)(1), "Change Orders" to facilitate rehabilitation activities to bring the home to minimum standards to obtain mortgage loan on behalf of the buyer. By Motion, approve services being provided by CJ Contracting, LLC, that will result in multiple acquisitions from one vendor that will exceed $25,000 in one Fiscal Year, pursuant to Chapter 36, Section 36.03(B). By Motion, approve Amendment #1 to extend Purchase and Sale Contract for the buyer to October 31, 2015. AMENDMENT NO. 1 TO CONTRACT FOR SALE AND PURCHASE ("CONTRACT) BETWEEN CITY OF DELRAY BEACH, FLORIDA AND PATRICIA A. GREEN FOR A RESIDENCE LOCATED AT 510 SW 14TH AVENUE, DELRAY BEACH, FLORIDA DATED JUNE 1, 2015 THIS AMENDMENT NO. 1 to the Contract between the City of Delray Beach and Patricia A. Green, of 3040 Congress Park, Apt. 417, Lake Worth Fl. 33461 dated , 2015 is entered into by and between the CITY OF DELRAY BEACH (Seller) and PATRICIA A. GREEN (Buyer) on this day of , 2015. WITNESSETH: WHEREAS, the parties desire to and agree to amend and modify the Agreement entered into on June 1, 2015 in order to extend the closing date until October 31, 2015. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. The parties desire to amend the Contract entered into on June 1, 2015 as follows: Paragraph 5 of the Contract, "Closing Date" is amended to read as follows: This transaction shall be closed and the deed and other closing papers delivered on or before October 31, 2015, unless otherwise extended by the provisions of this Contract valet parking queue in order to provide valet parking services to the public. 3. All other terms and conditions of the Contract dated June 1, 2015 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. 1 CITY OF DELRAY BEACH, FLORIDA ATTEST: Un City Clerk Approved as to form: City Attorney Cary D. Glickstein, Mayor BUYER: Witnesses By: Patricia A. Green STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2015, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida 4 CONTRACT FOR SALE AND PURCHASE "CONTRACT" PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller") or ("City") of 100 N.W. 1" Avenue, Delray Beach, Florida 33444 and Patricia A. Green ("Buyer"), of 3040 Congress Park Apt. 417, Lake Worth, FL 33461, hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions: DESCRIPTION: (a) Lot 23, Block 3, CARVER PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 55 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA PCN: 12-43-46-17-41-003-0230 (b) Address: 510 SW 14th Avenue, Delray Beach, FL 33444 2. PURCHASE PRICE ................................. US $115,000 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties communicated in writing between the parties on or before May 31, 2015, the deposit(s); if any, will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. 4. TITLE EVIDENCE: At least Fourteen (14) days before closing date, Buyer shall obtain a title insurance commitment. 5. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before sixty (60) days from the date of the execution of this agreement, unless extended by other provisions of this Contract. 6. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit Claim Deed subject to: a land use restriction agreement in the form attached hereto as Exhibit "A", 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 easements of record (easements are to be located contiguous to Property lines and not more than 10 feet in width as to the rear or front lines and 7 '/z feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Property for residential purpose. 7. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. 8. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when 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 or Radon testing may be obtained from your County Public health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. 9. FOREIGN PERSONS: A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non -foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. 10. INSPECTIONS: The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. `a 11. MORTGAGE PURCHASE ASSISTANCE. A. Seller shall provide purchase assistance to Low Income Households and Moderate income Households, as such terms are defined in the Land Use Restriction Agreement attached hereto as Exhibit "A", in the form of non - amortizing, 0% interest, forgivable, deferred payment loan: B. All loan awards from Seller to Owner shall be secured with a second mortgage and promissory note. Recapture terms are as follows: a. Assistance in the amount of $15,000 or less will require a 5 year non -amortizing mortgage. b. Assistance in the amount of $15,000.01-$40,000 will require a 10 year non -amortizing mortgage. C. Assistance in the amount of $40,000 or greater will require a 15 year non -amortizing mortgage. d. Assistance in purchasing newly constructed homes will require a 20 year non -amortizing mortgage. C. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: a. Sale or conveyance of the Property or transfer of tile. b. Assisted homeowner fails to continuously occupy the home. C. Property is rented. d. Property is refinanced without prior authorization of the City. D. Any funds due shall be paid to the City within seven (7) days of a qualifying event. If assisted Owner does not trigger any of the above mentioned qualifying events prior to the expiration of the note, the loan is totally forgiven. In the event the Owner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the request must be in compliance with the City's subordinate policy. This policy is available through the Neighborhood Services Division and is available for public access. E. Maximum Amount of Assistance: The maximum award is limited to 50% of the purchase prior of the unit; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the Buyer to purchase the property at a monthly payment affordable to him or her. F. Affordability: For the purpose of this Agreement, housing is considered affordable when the monthly mortgage payment, including taxes and 3 insurance do not exceed 35 percent of an amount that represents the percentage of the median annual gross income for the household. However, this policy will not prohibit an individual households' ability to devote more than 35 percent of its income for housing. Housing, where a household devotes more than 35 percent of its income, shall be deemed affordable if the first mortgage lender is satisfied that the household can afford mortgage payments in excess of the 35 percent. 12. EVIDENCE OF TITLE: Buyer may obtain, at Buyer's expense, a title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey by Quit Claim deed title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 13. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. 14. LEASES: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. 15. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of 4 closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, sub- contractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. 16. PLACE OF CLOSING: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. 17. TIME: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. 18. EXPENSES: Buyer shall pay all costs and expenses incurred in connection with the purchase and closing, including but not limited to, documentary stamps on the deed, title insurance, and survey, Seller shall only be required to pay the cost of recording corrective instruments and the deed. 19. PRORATION'S; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Ad valorem taxes are prorated from January through December 31 of the same calendar year. Non ad -valorem assessments are prorated from October 1 through September 30 of the following calendar year. Such taxes and assessments shall be prorated based on the current year's tax with allowance made for discount and exemptions. If Closing occurs on a date when the current year's millage is not fixed, and the current year's assessment is available, taxes shall be prorated based upon such assessment and the prior year's millage. If the current year's assessment is not available, then taxes shall be prorated based on the prior year's tax. Any tax proration based on an estimate shall at the request of either Seller or Buyer be subsequently readjusted upon receipt of the current year's tax bill. 20. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seiler. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. 21. RISK OF LOSS: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed 5 valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). 22. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. 23. FAILURE OF PERFORMANCE: If Buyer falls to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. 24. AGREEMENT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this agreement nor any notice of it shall be recorded in any public records, This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. 25. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. 26. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. 6 27. MOLD: Mold is naturally occurring and may cause health risks or damage to Property. If Buyer us concerned or desires additional information regarding mold, Buyer should contact an appropriate professional. 28. LEAD WARNING STATEMENT: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead-based paint hazards. A risk assessment or inspection f or possible lead based hazards is recommended prior to purchase. Seller's Disclosure (Initial) (a) Presence of lead-based paint and/or lead-based paint hazards (check one below): Known lead-based paint and/or lead-based paint hazards are present in the housing unit (explain) X Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing unit. (b) Records and reports available to the Seller (check below): X Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing unit (list documents) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing unit. Buyer's Acknowledgment (initial) X (c) Purchaser has received copies of all information above. 7 X (d) Purchaser has received the pamphlet Protect Your Family from Lead in your Home (e) Purchaser has (check one below): X Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead- based paint and/or lead-based paint hazards, or Waived the opportunity to conduct risk assessment or inspection for the presence of lead-based paint hazards. (fi) Agent has informed Seller of the Seller's obligations under 42 U.S.C.4852 (d) and is unaware of his/her responsibility to ensure compliance. 29. PROPERTY IS SOLD "AS IS, WHERE IS". Except as otherwise provided in this Contract, the Seller does not make any warranty or representation regarding the title to the Property except as to any warranties in the other instruments to be delivered by Seller at Closing in accordance with this Contract, and Seller does not make any representation or warranty either expressed or implied regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. The Buyer specifically acknowledges and agrees that the Seller shall sell and Buyer shall purchase the Unit on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this Agreement, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, or its respective agents, officers, or employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property,(2) the quality, nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the Property's value, use, habitability, or merchantability, (5) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (6) the zoning or other legal status of the Property, (7) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi -governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (8) the presence of hazardous materials or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (9) the freedom of the Property from latent or apparent defects, (10) peaceable possession of the Property, (11) environmental matters of any kind or nature whatsoever relating to the Property, (12) any development order or agreement, or (13) any other matter or matters of any nature or kind whatsoever relating to the Property or any improvements 9 located near, adjacent to, or thereon. Seller shall have no obligation to repair, replace, or remediate the Property, or any portion thereof, Buyer understands that the Property is sold and conveyed "AS IS." 30. GOVERNING AND VENUE: Buyer certifies that Buyer is executing this Contract while in the State of Florida of Buyer's own volition and that this purchase was not solicited either by telephone or mail in another state. This Contract shall be construed under and interpreted according to the laws of the State of Florida, and venue with respect to any litigation arising hereunder shall be Palm Beach County, Florida. 31. NOTICES: Except as otherwise provided in Paragraph 4.1 of this Contract, all notices and other communications required or permitted to be given under or in connection with this Contract shall be in writing, and shall be deemed given to Buyer when hand delivered to Buyer (which includes but is not limited to delivery by courier or Federal Express), or when deposited in the United States mail, postage prepaid, return receipt requested, addressed to Buyer at Buyer's mailing address as set forth in this Contract, and shall be deemed given to Seller when deposited in the United States mail, postage prepaid, return receipt requested, addressed to Seller at its address set forth in this Contract, or to such other address as either Seller or Buyer shall designate by notice in accordance with this Subparagraph. 32. CAPTIONS: The captions contained herein are included solely for the convenience of the Parties and do not, in any way, modify, amplify or give full notice of any of the terms, covenants, or conditions of this Contract. 33. WAIVER: Seller's waiver of any condition or provision of this Contract shall not be construed as a waiver of any other application of that same condition or provision, nor as a waiver of any other condition or provision herein. 34. INTERPRETATION: This Contract shall be construed and interpreted in accordance with Florida law and shall not be more strictly construed against one Party, than against the other by virtue of the fact that it may have been physically prepared by one Party or by its attorneys, both Parties (and their respective attorneys, where applicable) having participated in the negotiation of this Contract. 35. TIME OF ESSENCE: Time is of the essence with respect to Buyer's performance hereunder, except where otherwise specifically provided for herein. Any reference in this Agreement to the time periods of less than six (6) days, shall in the computation thereof, exclude Saturdays, Sundays and legal holidays. Any reference in the Agreement to time periods of six (6) days or more shall, in the computation thereof, include Saturday, Sundays and legal holidays. If the last day of any such period is a Saturday, Sunday or legal holiday, the period shall be extended to 5:00 P.M. on the next full business day. 36, SUCCESSORS AND ASSIGNS: This Contract shall be binding upon and shall inure to the benefit of the respective heirs, personal representatives, successors and assigns of the Parties hereto. This Contract may not be assigned by Buyer. 9 37. PARTIAL INVALIDITY: In the event any term or provision of this Contract is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning, or be construed as deleted as such authority determines, and the remainder of this Contract shall be construed to be in full force and effect. 38. BROKER COMMISSION: Buyer and Seller hereby represent and warrant that each has not dealt with a real estate broker in this transaction. Buyer agrees to hold Seller harmless from any claim or demand for commissions made by or on behalf of any broker or agent of Buyer in connection with this transaction. 39. COUNTERPART: This Contract maybe executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute one and the same instrument. 40. FURTHER ASSURANCES: The Parties agree to execute all future instruments and take all further action that may be reasonably required by any Party to fully effectuate the terms and provisions of this Contract and the transactions contemplated herein. 41. NOT BINDING: This Agreement shall not be binding on Seller until executed by the Mayor of the City of Delray Beach, Florida. 42. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IN WITNESS WHEREOF, the Parties have executed this Contract on the dates set forth under their respective signatures. n CITY OFJ)E,MAY By: Glickstein, Mayor ATTEST: City Clerk Approved s o Form: ir City Atto e FLORIDA .&) // /6 J Dat 10 Pati i . Green By: Print Name: By: Print Name: ATTEST: D )5 at Date City of Delray Beach Neighborhood Services Division CHANGE ORDER NO. 2 Page 1 of 2 Pages Property Owner(s): City of Delray Beach Property Address: 510 SW 14th Avenue Contractor: C J Contracting, LLC The following items are to be added/deleted from the Construction Contract between the Property Owner(s) and the Contractor identified above. DELETED WORK COST ITEM NO. ITEM CODE LOCATION AND DESCRIPTION OF WORK COST Net change from previous change orders $940.00 The contract sum prior to this change order was $23,837.00 The contract sum will be [ x ] increased [ ] decreased [ ] unchanged by this change order $2,430.00 The new contract sum including this change order will be 1 $26,267.00 SUBTOTAL DELETED ADDED WORK ITEM NO. ITEM CODE LOCATION AND DESCRIPTION OF WORK 3 Install front exterior door $750.00 4 Repair 3 damaged windows $180.00 18 Remove and replace with new service panel and subpanel $1,500.00 SUBTOTAL ADDED $2,430.00 TOTAL CHANGE IN COSTI $2,430.00 JUSTIFICATION: Windows were damaged by others after CO was issued. Front door and electrical subpanel result of homebuyers home inspection report. ANALYSIS OF CONTRACT STATUS TO DATE COST The Original contract sum (plus Contingency) was $24,041.85 Net change from previous change orders $940.00 The contract sum prior to this change order was $23,837.00 The contract sum will be [ x ] increased [ ] decreased [ ] unchanged by this change order $2,430.00 The new contract sum including this change order will be 1 $26,267.00 After this change order, contract time will be: [ x ] Unchanged [ ] Increased by_working days [ ] Decreased by_ working days APPROVAL RECOMMENDATION Neighborhood Services Administrator REHABILITATION INSPECTOR Signature Date Signature Date The property Owner(s) and the Contractor identified above hereby agree to amend the Construction Contract entered into between them as described above. PROPERTY OWNER CONTRACTOR Signature Date Signature Date City of Delray Beach Neighborhood Services Division CHANGE ORDER NO. 2 Page 2 of 2 Pages Property Owner(s): City of Delray Beach Property Address: 510 SW 14th Avenue Contractor: C J Contracting, LLC DESCRIPTION OF ADDED ITEMS: 3. Remove existing front and replace with new metal door. 4. Repair windows rails by adding new rails were missing or properly secure existing. This work covers three (3) windows that were removed or damaged by an outside force. 18. Remove existing exterior electrical service panel and A/C subpanel. Replace with new panels. MEMORANDUM TO: Mayor and City Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: July 28, 2015 SUBJECT: AGENDA ITEM 7.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 WORKFORCE HOUSING COVENANT AGREEMENT FOR DELRAY PRESERVE BACKGROUND In May 2015 City Commission approved private appeals of the Site Plan Review and Appearance Board (SPRAB) action on the Class V site plan for Delray Preserve. MCA Delray Preserve Owner, LLC, a Delaware Limited Liability Company (referred to as "Developer) of the Delray Preserve project had requested the City enter into the attached Workforce Housing Covenant, pursuant to Section 4.7.4 of the LDR's that grants to the developer certain density bonus units beyond the base number allowed per the existing Zoning Ordinance after performance standards have been met. In addition, the ordinance requires a minimum of 20% workforce units, consisting of low to moderate -income households at rental rates which do not exceed a certain percentage of the Department of Housing and Urban Development - determined fair market rent for the area. Per the site plan, the developer agreed that it shall be required to provide a minimum of forty-three (43) moderate income units within the development. The agreement further provides for rules governing the rights of the City of review and to enforce compliance with all provisions of the covenant. DISCUSSION Consideration to approve the Workforce Housing Covenant between the City of Delray Beach and MCA DELRAY PRESERVE OWNER, LLC., pursuant to the requirements under Section 4.7 of the Land Development Regulations. TIMING OF THE REQUEST This item is not time -sensitive. RECOMMENDATION By motion, approve of the Workforce Housing Covenant, as proposed between the City and MCA DELRAY PRESERVE OWNER, LLC. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: May 13, 2015 ITEM: Delray Preserve— Class V Site Plan, Landscape Plan, Architectural Elevation Approvals, and Internal Adjustment Associated with the Construction of a Free Standing Multiple Family Project that Contains 188 Multiple Family Dwelling Units on the East Side of North Federal Highway, approximately 460 feet north of Allen Avenue (2001 & 2101 North Federal Highway). GENERAL DATA: Applicant............ ZOM Florida Agent ........... .............. — Covelli Design Associates, Inc. Location ........................ On the East Side of North Federal Highway, approximately 460 feet north of Allen Avenue. Property Size ................ 8.568 acres Future Land Use Map... GC (General Commercial) Current Zoning .............. GC Adjacent Zoning., North: GC East: P (Public —Town of Gulf Stream) South, RM (Multiple Family Residential) West: GC Existing Land Use.......,. Vacant Proposed Land Use...... Multiple Family Project Known as Delray Preserve Water Service., ............. Existing on site, Sewer Service ............... Existing on site. SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 1 ITEM BEFORE THE BOARD The action before the Board is approval of a Class V site plan request for Delray Preserve pursuant to LDR Section 2.4.5(F). The request involves the following elements: © Site Plan; O Architectural Elevations; O Landscape Plan; O Internal Adjustment. The property is located on the east side of Federal Highway, approximately 460 feet north of Allen Avenue (2001 and 2101 North Federal Highway) and the site of the former Delray Lost Drive In Swap Shop and Second Chance Emporium. BACKGROUND The properties consist of portions of the Model Subdivision (8.568 acres). The subject properties are located within the North Federal Highway Redevelopment Area and are zoned GC. The properties contain the former Delray Lost Drive In Swap Shop and the Second Chance Emporium. At its meeting of May 2, 2006, the City Commission approved two conditional use requests for a stand- alone residential development to exceed 12 dwelling units per acre (17.8 dwelling units per acre proposed). This project was known as Village Parc. At its meeting of May 24, 2006, the Site Plan Review and Appearance Board approved the subsequent site plan application. This development was never constructed. At its meeting of July 1, 2014, the City Commission approved an LDR text amendment to increase the maximum allowable residential density for GC zoned properties within the Infill Workforce Housing Overlay District from 18 dwelling units per acre to 22 dwelling units per acre. At this meeting, the City Commission also approved a Comprehensive Plan amendment to increase the maximum allowable residential density to 22 dwelling units per acre. The City Commission granted the approvals with the following specific instructions to the applicant: 1. That the architecture be of a superior quality. 2. That the site be designed to reduce the massing of the 4 -story building on the adjacent residential neighborhood to the south. The applicant proposes to demolish the existing commercial structure and construct a 188 -unit multiple family development. Pursuant to LDR Section 4.4.9(D)(18), stand-alone multiple family developments up to 22 dwelling units per acre are considered conditional uses in the GC zoning district and are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and height, which are subject to the GC zoning district regulations. SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 2 The following graphic depicts the subject application approval process: At its meeting of October 20, 2014, the Planning and Zoning Board recommended approval of the conditional use request to allow a free-standing multiple family development in the GC zoning district for Delray Preserve, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(1), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff report. 2. That the applicant seeks to extend the landscape island at the southern driveway into the Federal Highway right-of-way. 3. That the paved strips be raised to address vehicle speeds. 4. That the two paths in the nature preserve be mulched, or a pervious ADA compliant material such as Flexi-pave be installed. 5. That a temporary irrigation system be used during the establishment period of the nature preserve. 6. That a bus shelter is installed along Federal Highway, 7. That a CCTV camera be provided at the poollclubhouse area. 8. That the applicant executes a restrictive covenant that .delineates the operation of the workforce housing program. 9. That a finding of concurrency be submitted from the Palm Beach County School District. 10. That a minimum of a 5 -foot front setback be provided along Federal Highway. 11. That paved access is provided to the FIND parcel. At its meeting of December 2, 2014, the City Commission approved a conditional use to allow a free- standing multiple family development in the GC zoning district for Delray Preserve, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(1), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1, Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff report. 2. That the applicant seeks to extend the landscape island at the southern driveway into the f=ederal Highway right-of-way. 3. That the paved strips be raised to address vehicle speeds. SPRAB Staff Report — May 13, 2015- Class V Site Pian, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 3 4. That the two paths in the nature preserve be mulched, or a pervious ADA compliant material such as Flexi- pave be installed. 5. That a temporary irrigation system be used during the establishment period of the nature preserve. 6. That a bus shelter is installed along Federal Highway. 7. That a CCTV camera be provided at the pool/clubhouse area. 8. That the applicant executes a restrictive covenant that delineates the operation of the workforce housing program. 9. That a finding of concurrency be submitted from the Palm Beach County School District. 10. That a minimum of a 5 -foot front setback be provided along Federal Highway. 11, That paved access is provided to the FIND parcel. 12. That applicant submit an open-ended plan for the movements on site and an approved Maintenance of Traffic (MOT) Plan as required for Federal Highway for staff review and approval. The current staff report includes findings of the subject application in terms of compliance with above conditions. The action now before the Board is approval of the site plan, landscape plan, building elevations, and recommendations on an internal adjustment. PROJECT. DESCRIPTION The development proposal incorporates the following: ❑ Construction of a 188 -unit multiple family development including seven 3 -story apartment buildings, and one 4 -story building. The development includes the following unit types and number of units: Unit Type Number of Units 1 Bedroom (Al and A2) 55 1 Bedroom plus Den (A3); and, 2 Bedrooms (131, B2 & 133) 85 3 Bedrooms (C1, C2, & C3) 48 TOTAL 188 ❑ The applicant is providing 43 workforce housing units. ❑ The amenities include a one story clubhouse, swimming pool with resident cabana and BBQ area, tot lot, passive park through the center of the community, and a dog park. ❑ An access easement for the Florida Inland Navigation District (FIND) is provided at the north side of the property. FIND has agreed to this location; please see attached e-mail. ❑ A bus shelter will be installed in accordance with Palm Tran and ADA requirements. ❑ Installation of sidewalks and associated landscaping. The development proposal includes an internal adjustment to the following section of the Land Development Regulations: SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 4 1. An internal adjustment to the LDR Section 4.6.2 (B), which requires a building separation of minimum 54'4" between buildings 3 & 4. The applicant is proposing a separation of 40'. SITE P.L'AN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(x) as it pertains to the GC (General Commercial) and the RM (Medium Density Residential) zone districts: Standard Provided Open Space • One bedroom dwelling unit 25% 26% Minimum Setback (GC zoned property) North 10' (Side interior) 61'8" 0.50 s aces/unit South Clubhouse & Pool Equip. 10' (Side interior) 10' 75'10" 15'1" West Club House 5' (Front) 5' 5' 51" East 10' (Rear) 6011" Building Height 48' 44' Maximum Lot Coverage 40% 23% * The site plan application is subject to GC zoning district in terms of setback. Pursuant to LDR Section 4.4.9(D)(98), stand-alone multiple family developments up to 22 dwelling units per acre are considered conditional uses in the GC zoning district and are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and height, which are subject to the GC zoning district regulations. The subject site plan is in compliance with GC zoning district setbacks. The subject application meets setback requirements pursuant to LDR. No waivers are necessary. Parkinq Requirements: Per LDR Section 4.6.9(C)(2)(c), parking for multi -family residential structures must be provided pursuant to the following: • Efficiency dwelling unit 1.0 space/unit • One bedroom dwelling unit 1.5 s aces/unit • Two or more bedroom dwelling unit 2 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 s aces/unit SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 5 - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Based on the above, the proposed development (55 one -bedroom units, 85 two-bedroom units, and 48 three-bedroom units) is required to provide 396 parking spaces. The development proposal complies with this requirement since a total of 398 parking spaces are provided. Multiple Family Type of Development: Design Standards: The majority of the buildings are placed throughout the property in a manner that will provide relief from the sense of massing and provide a feeling of open space. However, buildings #3 and #4 do not comply with the City's building separation requirement [LDR Section 4,6.2(B)]. It is noted that most of the seven buildings comply with the minimum building separation requirements. The separation between building #3 and #4 will require relief through an internal adjustment [63 feet required, 40 feet proposed, pursuant to LDR Section 4.6.2(B)]. The internal adjustment is limited to the area between only two of the seven proposed building, and it allows additional buffer areas to be designed both internal to the project as well as along the perimeter. The design of the project substantially complies with this performance standard. The property does not contain an existing natural area or water body that warrants preservation. The development includes the creation of an approximately 15,000 square foot area on the north side of building #5 for this purpose. The preserve area consists of native vegetation and two pedestrian paths. Pursuant to LDR [Land Development Regulation] Section 4.4.9(D)(18), the development is required to provide workforce housing units per LDR Article 4.7. The number of workforce units provided on-site is determined by LDR Section 4.7.4(d) Table 1, which is a sliding scale depending on the type of workforce unit (i.e. Very Low, Low, or Moderate) that is provided. The proposed development provides 85 dwelling units above the base density of 12 dwelling units per acre. Based on this, the development will need to provide between 22 and 43 workforce dwelling units (based on the allowable density range of 2 bonus dwelling units per moderate income housing unit provided to 4 bonus dwelling units per very low income housing unit provided). The more Very Low units that are provided, the fewer workforce units that need to be provided versus Moderate units which requires more total workforce units. The applicant will need to execute a restrictive covenant that delineates the operation of the workforce housing program. The City will be responsible for monitoring the applicant's adherence to this restrictive covenant, The subject application includes a total of 43 workforce housing units. Minimum Residential Floor Area: Pursuant to LDR Section 4.3.4(K)[Minimum residential floor area], the minimum required floor area for a one -bedroom unit is 600 square feet, for a two-bedroom unit is 900 square feet, and for a three- bedroom unit is 1,250 square feet. The 55 units that have a one -bedroom option have a minimum of 665 square feet of floor area; 85 units that have a two bedroom option have a minimum of 902 square feet of floor area; remaining 3 -bedroom units have a minimum of 1,428 square feet of floor area. Based on the above, the proposed development meets the City's minimum residential floor area requirement. Photometric Plan: A photometric plan has been submitted that demonstrates compliance with the City's illumination standards except for the surface parking area. Per LDR Section 4.6.8(A)(3), the minimum illumination level is 1.0 foot candles. The proposed plan indicates 0.4 foot candles in same areas of the parking SPRAB Staff Report -- May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 6 surface. The photometric plan needs to be revised to correct this deficiency and it has been included as part of the conditions of approval. SLTE' PLAN INT,ERNAL'ADJUSTMENTANALYSIS Per LDR Section 2.4.7(C)(5), concurrent with granting relief from a development standard or regulation, the granting body must find that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development product will result. Distance Between Residential Buildings: Per LDR Section 4.6.2, a minimum separation of 54'4" feet is required between buildings #3 and #4 and 40 feet is proposed. The applicant has submitted an internal adjustment request to reduce the building separation. Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise noted. 1. That signage is not reviewed or approved as part of the site plan process. 2. That a recorded plat be submitted prior to issuance of a building permit. 3. That all preliminary technical comments of the City's Engineering Division are addressed. LANDSCAPE ANALYSIS The Senior Landscape Planner has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The proposed landscaping consists of Black Olive trees, Cabbage Palms, Gumbo Limbo trees, Umbrella trees, Weeping Fig, Mahogany trees, Mimosa trees, Silver Buttonwood, Live Oak trees, Washington Palms, Jacaranda, Seagrape, Strangler Fig, Date Palm, and Coconut Palms. Tree Height: The property is bordered on the south by RM (Multiple Family Residential) zoning district, which has a lower allowed density than the subject property. Per LDR Section 4.6.16(E)(5), trees are required to be a minimum of 16 feet at the time of planting. With the added height requirement, the trees along the south side of the property need to be a minimum of 20 feet at the time of planting. The landscape plan indicates that 20 -foot high Live Oak trees, Royal Palms, and Coconut Palms will be planted in this area. Further, a 4.5 -foot high Small Leaf Clusia hedge will be installed along the southern line. There is a 6 - foot high masonry wall located along the north side of the Kokomo Key subdivision. Based on the above, the development has demonstrated compliance with this performance standard. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to certification of the site plan. 1) The trees along Federal Highway that are adjacent to FPL's easement need to comply with FPL's Right Tree, Right Place regulations. This will require the trees to be either shifted closer to the building, or changed to smaller trees. Foundation tree requirements will still have to be met, most likely with the use of large palm trees. SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 7 b. Clarify if overhead wires will be underground. If so, provide a large note on ALL plans (site plan, landscape plan, utility plan, engineering plan) stating that the overhead lines will be buried. If not, change species to FPL -approved species. c. There also appears to be a 12" water main directly underneath these proposed trees, These trees should be completely removed from the plan. d. All plans need to have note inserted. This includes the Site, Engineering, and Utility Plans. Sheet UCP -1 still shows overhead wires to remain. 2) That the applicant addresses the Senior Landscape Planners concern over whether the existing overhead lines along Federal Highway are to be buried and/or relocated. 3) There are existing overhead lines on the south side of the property line that are not shown on the landscape plans. Show on plans. These lines will need to be buried in order to achieve the planting scheme that is currently proposed. Another option to consider is to decrease the width of the landscape buffer on the south side to seven feet (T), which will provide for the required five foot (5') wide buffer plus the two foot (2') car overhang. The extra five feet (5+/-) can then be added to the south of the sidewalk, south of buildings 2 and 5, creating the opportunity to plant the large canopy trees that will be required as per the landscape code and performance standards, These canopy trees shall be specified at 25% over the minimum height requirements to achieve the performance standard for this development. 4) A Landscape Maintenance Agreement was submitted for the landscaping that is proposed in the right-of-way of Federal Highway. The Agreement will be heard by City Commission for approval. 5) Two (2) landscape islands on the south side of building #5 are missing the required canopy trees and groundcovers. Coordinate with engineer to move utilities to accommodate the required trees and understory plantings. 6) That the proposed landscaping presents several conflicts with required trees and light poles throughout the entire site. This should be further coordinated with engineering to shift light poles to accommodate the tree canopies. ARCHITECTURAL ELEVATIONS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The building style of the development is a Mediterranean influence. The roof line varies in height and includes a Florida Bella blend of S -tiles. The roof system is primarily a hip system and includes some SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 8 opposing gable and hip roofs. Some of the notable architectural features include decorative rafter tails, barrel vents, medallions, column supports, vertical picket rails at the balconies, belly railing, and shutters. The first floor of the western fagade of building #1 includes detailing to replicate the front entrance of the building. These details include single hung doors, decorative picket railing and gate with a decorative arbor. The garage entrances have alternating door styles and colors. The primary wall color is SW6070 Heron Plume (off-white) with wall accents of SW7005 Pure White (off-white). The fascia, doors, and some of the shutters will be painted Chateau Brown (dark brown). The window frames and railings will be painted SW7069 Iron Ore (black). The trim and some of the shutters and garage doors will be painted SW6241 Aleutian (silver blue). Other trim, shutters and garage doors will be painted SW7510 Oyster Bay (greenish gray). The remaining trim, shutters and garage doors will be painted Decorous Amber (medium brown). It is noted that all finishes will be applied with flat paint. The building elevations are aesthetically appealing and will be an asset to the North Federal Highway corridor. Based on the above, a positive finding can be made that the architecture is consistent with LDR Section 4.6.18(E). REQUIRED FINDINGS Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regulations. REQUIRED FINDINGS (Chapter 3 Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval: of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 (A) - Future Land Use Maw The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of GC (General Commercial) and MD (Medium Density 5-12 du/acre). The property is zoned GC (General Commercial) and RM (Medium Density Residential). The GC zoning district is consistent with the (GC) Future Land Use Map designation and the RM zoning designation is consistent with the MD Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. The property has a Future Land Use Map and Zoning District designation of GC (General Commercial). Pursuant to LDR Section 4.4.9(D)(18), free-standing multiple -family housing is allowed as a conditional use in the GC zoning district up to a maximum of 22 dwelling units per acre. Pursuant to the North Federal Highway Redevelopment Plan: "The City encourages additional residential development in the study area. There are few vacant building lots within the existing residential neighborhoods and new development on these lots within the existing residential SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 9 neighborhoods and new development on these lots is limited to infill single and low density multiple family housing." The North Federal Highway Redevelopment Plan further indicates that: "The potential for mixed-use development consisting of commercial uses on the ground floor and residential units above also exists along Federal Highway. The convenience of living and working in the same area saves time and reduces dependence on the automobile." The "stand-alone" multiple family development will, in part, meet the goal of providing additional residential units in the study area. However, the development proposal fails to provide a commercial component that will encourage the live/work scenario envisioned by the North Federal Highway Redevelopment Plan, which indicates that: "the bottom floors of the buildings along the highway should be for commerce and other nonresidential uses, Upper floors should be dominated by offices and residences." Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map since the proposed development provides the residential units identified by the North Federal Highway Redevelopment Plan despite the lack of the commercial component. The City has had similar findings with previous multiple family developments such as the Old Palm Grove Development at the intersection of Federal Highway and Estuary Way and the approved St. George townhome project located on the east side of Federal Highway, approximately 360 feet north of George Bush Boulevard. Section 3.1.1 (B) - Concurrency: During the conditional use process, the City Commission made a positive finding of concurrency with respect to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) - Consistencv (Standards for Site Plan Actions): As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all conditions of approval included in this report are satisfied. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted; 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 and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding commercial and residential developments and provide a customer base for the businesses on a year- round basis, which in turn will provide economic stability and be a catalyst for growth in the area. Future Land Use Element Policy C-1.4 The following pertains to the North Federal Highway Corridor: SPRAB Staff Report -- May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 10 The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of- way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The goals of the redevelopment plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway Corridor by encouraging new development. The new residential development will help to stimulate related commercial development along Federal Highway by creating demand for goods and services in the area. If a mixed use development had been proposed, both the residential and service oriented commercial uses would be complimentary to each other and the redevelopment area as a whole. While a mixed use development would have been ideal, the residential - only proposal helps to fulfill several of the items listed above. Further, the proposed redevelopment will further stabilize the corridor and eliminate one of the blighting elements that have stunted redevelopment efforts in the area. Transportation Element Policy A-1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city -approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in - lieu of providing the bus shelter on site. The development proposal includes a shelter easement at the northern portion of the property along Federal Highway, Transportation Element Policy A-2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of-way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right -of -Way Identification Map. Per LDR Section 5.3.1(A)(3) and Table T-1 of the Transportation Element, the required right-of-way width of Federal Highway (northbound lane) is 60 feet and 50 feet exists adjacent to the subject property. The 10 -foot dedication is noted on the site plan. Transportation_ Element Policy Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides bicycle racks at the recreational facilities. Based on the above, the policy has been met with the proposed development. SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 11 Open Space and Recreation Element Policy A-3.1_ Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. The development proposal includes an E -lounge and game room in the clubhouse for teens, a tot lot between buildings ##3 and #5 for toddlers, and a swimming pool. Details of the tot lot equipment need to be provided and this is attached as a condition of approval. Based on the above, a positive finding can be made. Housinq Element Policy A-11.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. As noted previously, the Palm Beach County Traffic Engineering Division expressed concerns with vehicles leaving the property to make the turn onto southbound Federal Highway, In order to discourage this traffic maneuver, the applicant will add a directional median also known as a "peanut" in Federal Highway. Further, at the direction of staff, the applicant has eliminated one of the outbound lanes at the southern entrance and replaced it with a directional landscape island that further encourages the northbound only turning movement. Extending this landscape island to the Federal Highway gutter would further enhance this directional movement. A condition of approval is attached that the applicant seeks to extend this landscape island into the Federal Highway right-of-way, Housing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. This project will not be restricted to occupancy by adults only. However, the project does not provide the desired mix of household types since a four bedroom unit type is not provided. The development does provide the facilities for children of different ages including E-Ioungelgame room for the older kids and a play area for the toddlers. While the project does not meet this policy, the project does provide a balance of larger (family friendly) units near the downtown to counterbalance the number of one and two bedroom units approved in the core area. Based on the above, this Policy has been essentially satisfied. Policy B-2.3 New housing developments shall include a range of housing types that offer variety in size, color, and style. The development provides nine varieties of floor plans that have the same color and style. The buildings provide some individual garages that would be available to residents. Further, the development offers essentially two types of building products. The first is a two and three story walk-up model. The other is a four story product that offers elevator access to the dwelling units on the upper floors. Thus, the SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building E=levations, Landscaping, and Internal Adjustment for Delray Preserve Page 12 development does offer a variety of options that might appeal to persons with different physical needs and tastes. However, given the "monoculture" with respect to the architectural composition and color scheme for a project of this size, the proposed development is only partially consistent with this Policy. Housing Obective 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. Housinq Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. !"actors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The directional traffic elements employed at the southern driveway will discourage potential traffic conflicts that would occur from vehicles exiting the property and turning onto southbound Federal Highway. These traffic techniques would be further enhanced by extending the landscape median on the property to the curb along Federal Highway and a related condition of approval has been included as part of this report. The development proposal has provided landscape and open space to buffer the multiple family project from the Kokomo Key multiple family development to the south. The proposed development will eliminate vacant lands that have had a detrimental effect on the redevelopment efforts along North Federal Highway. The proposal will not have a degrading impact on the surrounding neighborhood and will be a stabilizing influence to the North Federal Highway corridor. Compliance with Conditional Use Approval Order At its meeting of December 2, 2014, the City Commission approved a conditional use to allow a free- standing multiple family development in the GC zoning district for Delray Preserve, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4,4.6(1), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the conditional use staff report. Application has been scheduled to be heard by SPRAB at the May 13, 2015 meeting. 2. That the applicant seeks to extend the landscape island at the southern driveway into the Federal Highway right-of-way. The applicant has not complied with this condition, it has been included as part of the conditions of approval. 3.That the paved strips be raised to address vehicle speeds. The applicant has not complied with this condition, it has been included as part of the conditions of approval. 4. That the two paths in the nature preserve be mulched, or a pervious ADA compliant material such as Flexi-pave be installed. Application is in compliance with this condition. 5. That a temporary irrigation system be used during the establishment period of the nature preserve. Application is in compliance with this condition. SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 13 6. That a bus shelter is installed along Federal Highway. Application is in compliance with this condition. 7. That a CCTV camera be provided at the pool/clubhouse area. Application is in compliance with this condition. 8. That the applicant executes a restrictive covenant that delineates the operation of the workforce housing program. A restrictive covenant will need to be executed for the workforce housing. The applicant provided draft Workforce Housing Covenant. 9. That a finding of concurrency be submitted from the Palm Beach County School District. The applicant submitted a Concurrency Determination issued on February 27, 2014. The subject document indicates: "The concurrency determination is valid for one (1) year from the date of issuance. Once the development order has been issued for the project, the concurrency determination will be valid for the life of the Development Order". The applicant is required to resubmit an updated Concurrency Determination. 10. That a minimum of a 5 -foot front setback be provided along Federal Highway. Application is in compliance with this condition. 11. That paved access is provided to the FIND parcel. Application is in compliance with this condition. 12. That applicant submit an open-ended plan for the movements on site and an approved Maintenance of Traffic (MOT) Plan as required for Federal Highway for staff review and approval. The applicant has not complied with this condition, it has been included as part of the conditions of approval. REVIEW BY OTHERS The proposed development is not in an area that requires review by the Downtown Development Authority (DDA). Community Redevelopment Agency The Community Redevelopment Agency (CRA) considered the development proposal at its meeting of August 14, 2014 and. recommended approval with concerns that the building elevations and traffic concerns be addressed. Florida Inland Navigation -District (F.[.N.D.) The FIND has reviewed the proposed access easement to its property along the north side of the subject property, and have agreed with this location; please see attached e-mail. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ➢ Delray Citizens Coalition SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 14 ➢ The Estuary - HOA ➢ Kokomo Key — HOA ➢ Old Palm Grove- HOA ➢ La Hacienda — HOA ➢ Kevin Osborn — Citizen ASSESSMENT A.N-D CONCLUSION The proposed development will significantly improve the aesthetics of the property by replacing the vacant commercial property with a modern apartment complex. Further, the development will provide a stable year-round customer base to the surrounding commercial neighbors. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of,the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. The proposed development will increase the customer base for the commercial uses along North Federal Highway and eliminate a vacant parcel of land which has been a blighting element of the corridor and has adversely affected redevelopment. The subject application proposes an access easement to the FIND property along the north side of the subject site. FIND has reviewed and has approved this location. The development will enhance the aesthetics of the North Federal Highway area and the adjacent neighborhoods. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) regarding compatibility of the proposed development with the surrounding properties. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the request for internal adjustment, Class V site plan, landscape plan, and architectural elevations for Delray Preserve by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5), Section 2.4.5(F)(5), 2.4.7(C)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for internal adjustment, Class V site plan, landscape plan, and architectural elevations for Delray Preserve, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.7(B)(5), Section 2.4.5(F)(5), 2.4.7(C)(5), and Chapter 3 of the Land Development Regulations. STA.F.F REC;OMME.ND'ATION. By Separate Motions: Building Separation Internal Adjustment: Board Discretion. Should the Board wish to approve or deny, the following motion is offered: Recommend approval/denial to the City Commission of an internal adjustment to LDR Section 4.6.2 (B), which requires a building separation of minimum 54' 4" between buildings 3 & 4. The applicant is proposing a separation of 40'. SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 15 Site Plan: Approve the request for a Class V site plan for Delray Preserve by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2,4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. The landscape island at the southern driveway shall be extended into the Federal Highway right- of-way subject to approval from FDOT. 2. An updated Concurrency Determination issued by the Palm Beach County School District shall be provided. (The applicant previously submitted a Concurrency Determination issued on February 27, 2014. The subject document indicates: "The concurrency determination is valid for one (1) year from the date of issuance. Once the development order has been issued for the project, the concurrency determination will be valid for the life of the Development Order'). 3. The paver block strips along the south and east sides of the property shall be raised according to engineering and fire department requirements to mitigate traffic speeds. The paver block strips along the north side of the property shall remain flush. 4. A narrative indicating the location of the generator at building 7 shall be provided, since its location is not readily evident on the plans. The narrative shall specify how the generators for building 7 and the clubhouse will be supplied for 120 hours (since the fuel source needs to be provided on-site and cannot be brought in during power loss). 5. An "open-ended" plan for the traffic movement on the site, and a Maintenance of Traffic (MOT) Plan for Federal Highway shall be provided for staff review and approval. The plan shall address Palm Beach County's traffic comment regarding the provision of to provide traffic safety devices and measures to accommodate WBL out of the property driveway. 6. Address all Site Plan and Engineering Technical Items. 7. Address all Fire Safety technical comments. The inside turning radius at main entrance/exit must be at least 25' and the -outside radius 48' to allow fire apparatus to exit without striking proposed island. Road width at exit must be at least 18'. 8. The photometric plan shall be revised to correct the lighting deficiency in the parking area. 9. The Developer shall sign the City's standard landscape maintenance agreement for the landscape improvements along Federal Highway. The agreement will need to stipulate that the property owner will be responsible, in perpetuity, for the costs associated with this landscaping, to include -maintenance, irrigation, and water metering as determined by the City in accordance with the Landscape Maintenance Agreement. 10.A restrictive covenant shall be executed for compliance with the workforce housing requirements. 11. Provide a recorded plat prior to issuance of a building permit. 12. That details of the tot lot equipment are provided. SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 16 Landscape Plan: Approve the landscape plan for Delray Preserve based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. Satisfy all Landscape Plan Technical Items. Elevations: Approve the proposed elevations for Delray Preserve based on positive findings with respect to LDR Section 4.6.18(E). Attachments: ❑ Appendix A ❑ Appendix B ❑ Site Plan ❑ Landscape Plan ❑ Architectural Elevations ❑ FIEND memorandum ❑ Correspondence from the public SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 17 APPENDIX A STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent D. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X (Off-site improvements subject to FDOT approval) Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent 1=. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent SPRAB Staff Report — May 13, 2015- Class V Site Plan, Building Elevations, Landscaping, and Internal Adjustment for Delray Preserve Page 18 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. 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, Not applicable Meets intent of standard X Does not meet intent Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X (Off-site improvements subject to FDOT approval) Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. 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O ul b z Z Lu O a 7 iMe �9yJNN l•Y•J�c3,sY,1 ..1VSN M Tig, VaRlO-'Hz Vua 0�31Y' �61 '1N&O36 H811IJIIHDVV 1N.11x0^Hrc S1031luVUV' wl' '�TeL l �Z 30,xa�0c0. 1 ' ram 90 IN BE ' Vol a.� P 'olJf 'SLa3llH�il'! M'i � of v. 1111111 7 iMe M Tig, Mn ' ram 90 IN BE ' Vol a.� 7 iMe • DWAL 645E MAP SYSTEM — , I MAP REF: 5:\Planning do Zoning\DBMS\File—Cab\Z—LM 1040-1500\LM1458—DELRAY PRESERVE N --mmmw-- SUB'EC7 PROPERTY DELRAY PRESERVE %lei PLANNING AND ZONING DEPARTMENT LOCATION MAP • DWAL 645E MAP SYSTEM — , I MAP REF: 5:\Planning do Zoning\DBMS\File—Cab\Z—LM 1040-1500\LM1458—DELRAY PRESERVE Mike Correlli Subject: FW: Delray Beach - Access MSA 641A From: Shannon Lee [mailto:scl(abzomusa.com] Sent: Monday, March 02, 2015 6:45 PM To: Mike Covelli Cc: Kyle Clayton Subject: Fwd: Delray Beach - Access MSA 641A Mike, Please print this email and included in our responses to the city. Shannon Lee Development Manager ZOM Florida 200 E. Broward Blvd, Suite 1200 Ft. Lauderdale, FL 33301 Begin forwarded message: From: Mark Crosley <mcrosley@aicw.org> Date: March 2, 2015 at 6:32:25 PM EST To: Shannon Lee <scl@zomusa.com> Cc: Peter Breton <pbreton blesmlaw.com> Subject: RE: Delray Beach - Access MSA 641A Shannon: Thank you for contacting us. FIND is working with the current property owners too secure our access easement to MSA 614A and we are in agreement with relocating the easement to the north. Thank you. Sincerely, Mark Crosley Executive Director Florida Inland Navigation District 1314 Marcinski Road ; AM 0 2015 Jupiter, FL 33477-9498 't kip' -V 561-627-3386 561-624-6480 FAX I Pape, Scott From: ctbonfield@aol.com Sent: Monday, October 13, 21314 5:36 AM To: Little, Dana Cc. Pape, Scott; Miller, Diane; JamesEJimChar@aol.com Subject: Delray Preserve Attachments; DELRAY PRESERVE 121P Dana Developers of Delray Preserve have worked with SAFE to include TDM features into their plans. These features will enable Delray Preserve to be a valuable addition to the North Federal Highway area of Delray Beach. Delray Preserve has also offered to donate $50,000 to fund a Ped -Bike Coordinator or TDM Administrator for the City of Delray Beach. Please include the two attachments into the documents that will be provided to the P&Z Board for their review. Thanks Charlie Bonfield President SAFE 220 Macfarlane Drive # 1203 Delray Beach FL 33483 1 561 330 6329 ctbonfieldia@aol.com *f SAFETY As FLORIDIANs ExPECT "Help Florida become the most motorist, pedestrian and bicyclist friendly state in the USA" Delray Preserve Recommendation Delray Preserve will be a welcome addition to the North Federal Highway area of Delray Beach. This area of the city will benefit from full-time residents who will bring vitality to the area similar to what The Franklin has done for South Federal Highway. These two bookend communities on Federal Highway will contribute to the life of our city. Delray Preserve will have minimum impact in the amount of traffic on North Federal Highway, and even so, the developer has agreed to pay 114 of the cost of a new traffic signal if warranted in the next 5 years. In fact, SAFE believes there will be even less traffic on North Federal because it will not have a McDonald's next door, or a large shopping center, as is the case with The Franklin on South Federal Highway. The developers have generous offered to contribute $50,000 to the city should they elect to hire either a Ped/Bike Coordinator or a TDM Administrator in the future. This development will have a bike sharing program, and a community transit program (free introductory offer on Palm Tran). Public transportation information, maps, etc. will be provided to residents in the site's office which hopefully will mitigate vehicle usage by the community. For the Board: James E. Smith Date Charles T. Bonfield Date SAFE Chairman SAFE President SAFETY As FLORIDIANs EXPECT "Help Florida become the most motorist, pedestrian and bicyclist friendly state in the USA" Delray Preserve Commitments Delray Preserve has agreed to: 1. Provide permanent display space within the Clubhouse or the Mailroom area where each resident can access transportation information. At a minimum this display will contain: infra and route and schedule information for Palm Tran, Tri -Rail, the Delray Roundabout; the Downtowner; as well as new or substitute providers (such as Tri -Rail Coastal bink); info on how to start a carpool and vanpool; details of the emergency ride home program; and, Tri -Rail Bicycle Locker Program Information. An information packet will be provided in the move -in package for new residents, 2, Include a voucher in each move -in package for new residents that entitles each new resident to (1) Palm Tran unlimited 31 -day QUIK pass (value of $75). 3. Meet with SAFE and South Florida Commuter Services (SFCS) after site approval to review additional Transportation Demand Management initiatives that could be implemented to mitigate traffic trips before the leasing/contract phase begins. 4. Provide the following information at each calendar year to SAFE .and the City of Delray Beach for the first 5 years following receipt of a Certificate of Occupancy: a. The number of owner stored bicycles at calendar year end, and b. The number of times the shared bicycles are used in a calendar year. 5. Adopt a free, shared bicycle use program for residents by purchasing twenty-five (25) bicycles and maintaining the bicycles in good repair. The bicycles will be available on a first come, first serve basis for the residents of the Delray Preserve: G. Provide inside, safe and secure storage for a minimum of fifty-one (51) bicycles for the residents of the Delray Preserve:. 7. Reinforce an area in each unit so that a bike rack or racks can be quickly and easily installed by the on-site maintenance staff. Keep wall -mounted bike racks on site and ready for in -unit installation at the request of residents. Racks and labor will be provided free of charge for the residents. 8. Contribute $50,000 into an escrow account prior to issuance of the Project's final Certificate of Occupancy, earmarked for the purpose of the City hiring either a Ped/Bike Coordinator (a new staff position) or a Transportation Demand Management Administrator (a new staff position). If the City does not hire either a Ped/Bike Coordinator or a Transportation Demand Management Administrator by 6/1/17, the escrow funding will revert to Delray Preserve. 9. Delray Preserve will purchase and install 2 benches and trash receptacles (as are found on Atlantic ,Avenue), and one dog waste bag dispenser along Federal Highway for use by the residents of Delray Beach, Delray Preserve will empty the trash receptacles a minimum of three times per week, or more if necessary, and restock the dog waster bags and needed. 10, Beginning no earlier than 6 months after the issuance of the project's final Certificate of Occupancy, contribute'/ of the cost of anew traffic signal on N. Federal Highway between N.E. 10 Street and Gulfstream Blvd, as evidenced by the completion of a signal warrant analysis demonstrating the need for a signal. This obligation shall remain in effect for 5 years and automatically terminate thereafter. 11. Eliminate the Southbound Egress from the site to alleviate traffic conflicts with vehicles making a Northbound U-turn across from the project's main entrance. 12. Provide a bicycle fixation station for resident use free of charge, 13.Ask the City of Delray Beach to include all of the items above as formal conditions of approval, Agreed to, this day, by Delray Preserve: ate Date 96 l Date SAFE=TY As FLORIDIANS EXPECT "Help Florida become the most motorist, pedestrian and bicyclist friendly state in the EISA" Delray Preserve Recommendation June 12, 2014 Based on the attached (14) fourteen commitments made by Delray Preserve, Safety As Floridians Expect (SAFE=) enthusiastically supports the project and respectfully asks the Delray Beach City Commission to approve the request of the applicant to allow a density up to twenty- four (24) units per acre. After SAFE~ review and analysis, the project was found to present no traffic problems. However, in recognition that continued future development along the Federal Highway corridor will, Delray Preserve has. agreed to pay' its fair share for projected future infrastructure costs including: 1. Contributing $150,000 for the purchase of a trolley operating a new north/south route from Downtown, via Pineapple Grove Way, to N. Federal Highway and Delray Preserve. 2. A traffic signal between N. E. 14th Street and Gulfstream Blvd, 3. Sidewalks and bicycle lanes on George Bush Blvd. between Federal Highway and SR Al A, 4. Operating costs of the trolley. Other Transportation Demand Management initiatives adopted include: 1. Building a permanent Transportation Information Kiosk within the Clubhouse or the Mailroom, and including all the core transit info in the "Welcome Package" given to each new resident, 2. Adopting a free, shared use bicycle program, 3. Providing a bicycle storage room in each of the apartment buildings and offering an optional individual unit rack installation, 4_ Purchasing a "Bike Fixation" system, 5. Meeting with SAFE and South Florida Commuter Services to explore additional TDM initiatives that may be adopted, including carpooling, vanpooling, etc. In addition, Delray Preserve has revised its original plans to include a 6' wide main sidewalk in the linear park (if open space requirements can be met) and redesigned the Federal Highway entrance/exit to eliminate merged traffic making southbound U-turns. For the Board: 1 Ja es E. Smith Date Charles T. Bonfield Date SAFE Chairman SAFE President v irgY �v * `# W1' COMMISSION I FF 099730 -, , - —. EXPIRES: June i, 2018 ar1r����.�,t BpndedT�ruB�dpelNdafySerrice� SAFETY As FLORIDiAhls ExPECT "Help Florida become the most motorist, pedestrian and bicyclist friendly state in the USA" Delray Preserve Commitments Delray Preserve has agreed to: I. Provide permanent display space within the Clubhouse or the Mailroom area where each resident can access transportation information. At a minimum this display will contain: info and route and schedule information for Palm Tran, Tri -Rail, the Delray Roundabout; the Downtowner; as well as new or substitute providers (such as TrkRail Coastal Link), info on how to start a. carpool and vanpool; details of the emergency ride home program.; and, Tri -Rail Bicycle Locker Program Information. An information packet will be provided in the move -in package for new residents. 2. Meet with SAFE and South Florida Commuter Services (SFCS) after site approval to review additional Transportation Demand Management initiatives that could be implemented to mitigate traffic trips before the leasing/contract phase begins, 3. Provide the following information at each calendar year to SAFE and the City of Delray Beach for the first 5 years following receipt of a Certificate of Occupancy: a_ The number of owner stored bicycles at calendar year end, b. The number of times the shared bicycles are used in a calendar year, and 4. Adopt a free,. shared bicycle use program for residents by purchasing twenty-five (25) bicycles and maintaining the bicycles in good repair. The bicycles will be available on a first come, first serve basis for the residents of the Delray Preserve. 5. Provide inside, safe and secure storage for a minimum of fifty-one (51) bicycles for the residents of the Delray Preserve. 6. Reinforce an area in each unit so that a bike rack or racks can be quickly and easily installed by the on-site maintenance staff. Keep wall -mounted bike racks on site and ready for in -unit installation at the request of residents. Racks and labor will be provided free of charge for the residents. Construct minimum 5 -foot wide interior sidewalks, Main sidewalk in linear park to be 6' wide so long as open space requirements can be met. 8. Contribute $50,000 into an escrow account prior to issuance of the projects final Certificate of Occupancy, earmarked for the construction of sidewalks and bicycle lanes on George Bush Blvd. between SR AIA and Federal Highway (Southbound). The funds will be disbursed on a 1-6 matching basis from contributions given by businesses and residential developments located on George Bush. Blvd. and on Federal Highway between Atlantic Avenue and the northern boundary of Delray Beach and the City of Delray Beach.. Unmatched escrowed funds will be returned to Delray Preserve seven years after issuance of the projects final Certificate of Occupancy. 9. Contribute $150,000 into an escrow account at the time building permits are issued. These funds will be earmarked for the purchase of a Delray Roundabout trolley. The trolley will serve a circular, commercial route from the Delray Beach Center for the Arts Parking Garage, along Pineapple Grove Way to George Bush Blvd, along N. Dixie Highway and Federal Highway to the northern boundary of Delray, the `Northern Delray Trolley Route'. If after 7 years from the date of escrow a Northern Delray Trolley Route has not been placed into service, the city may utilize these funds for other mass transit projects along the Federal Highway corridor of Northern Delray Beach. 10. Contribute the sum $5,000 per year for the operating costs associated with the Northern Delray Trolley Route. The contribution shall be made on the anniversary of the issuance of the projects final Certificate of Occupancy, so long as the Northern- Delray orthernDelray Beach Trolley Route has been placed inta service. 11. Beginning no earlier than 6 months after the issuance of the projects final Certificate of Occupancy, contribute Yl of the cost of a new traffic signal on N. Federal Highway between N. E. 14th Street and Gulfstream Blvd, as evidenced by the completion of a signal warrant anlaysis demonstrating the need for a signal. This obligation .shall remain in effect for 5 years and automatically terminate thereafter. 12. Eliminate the Southbound Egress from the site to alleviate traffic conflicts with vehicles, making a Northbound U-turn across from the projects main entrance. 13. Provide a bicycle fixation station for resident use free of charge. 14. Ask the City of Delray Beach to include all of the items above as formal conditions of approval. Agreed to, this day, by Delray Preserve: Date Witness: Date .it, Witness: Date Pape, Scott From: Kevin Osborn <ko1967@grnail.com> Sent: Monday, April 13, 2015 3:32 PM To: Smith, Danee L. Cc: McDonnell, Mark; Pape, Scott; Ramaglia, Francine Subject: Re: DELRAY PRESERVE Thanks Dance. I have one significant concern about the site plan as presented. The drawing does not specifically designate what is and is not within the gates of the complex. My concern is that the pool is not secured within the control of the complex. This could lead to this becoming the neighborhood pool with lots of teens (and potentially others) riding their bikes or whatever and easily gaining access to hang out there. For the benefit of the surrounding neighbors 1 would like to ensure that the pool is a secured area and people just can't walk up and make it the place to hang out in the neighborhood. It needs to be inside a gate where only people who are residents can access it and if they have guests the guests need to check in and verify their access (like other gated. coirnnunities). Please ensure this feedback/concern gets to the appropriate persons. Regards, Kevin On Mon, Apr 13, 2015 at 2:21 PM, Smith, Danee L. <smithdlgp Mdelraybeaeh.corn> wrote: Mr. Osborn, Attached are the requested plans. For additional information please do not hesitate to contact me. Thanks Danee Prepared by and Return to: Noel M. Pfeffer, Esquire, City Attorney City of Delray Beach, Florida 200 NW I" Avenue Delray Beach, FL 33444 THIS WORKFORCE HOUSING COVENANT (the "Covenant") is entered into as of the day of , 2015, by the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (referred to herein as "City"), and MCA DELRAY PRESERVE OWNER, LLC, a Delaware Limited Liability Company, (referred to herein as "Developer", which term shall include any successor to Developer as owner of the entire Development). RECITALS A. City has implemented Affordability Controls as set forth in Article 4.7 of the Delray Beach Land Development Regulations ("Regulations" or "LDR") by establishing a Family/Work Force Housing Program for the City (hereinafter referred to as the "Affordable Housing Program"). Article 4.7 of the Regulations grants to Developer certain density bonus Units (additional market rate Units) beyond the base number allowed per existing Regulations, after performance standards have been met. B. Developer was required to be part of the Affordable Housing Program with respect to that certain real property which is owned by the Developer and is located in the Infill Workforce Housing Area zoning district in Delray Beach, Florida, and more particularly described in Exhibit "A" which is attached hereto and incorporated by reference herein (the "Real Property"). Developer has agreed to provide Units which comply with the Affordable Housing Program within the residential development project ("Development") to be constructed on the Real Property. C. Pursuant to the City's Affordable Housing Program, LDR Section 4.7.4 d, residential development in the Southwest Neighborhood Overlay District, the Carver Estates Overlay District, and the Infill Workforce Housing Area bonus units above twelve (12) units per housing area are subject to minimum amount of Workforce Units divided between Very Low, Low and Moderate Income Households, at rental rates which do not exceed a certain percentage of the Florida Housing Finance Corporation rent limits for the area. The minimum number of required Workforce Housing Units shall be calculated pursuant to the Table 1 in Section 4.7.4 of the LDRs. Accordingly, based on the prior approval by City to provide 85 dwelling units above the base density of 12 units per acre the Developer agrees, as part of the Development, to provide a minimum amount of 43 Moderate Income Workforce Housing Units within the Development. 4824-9820-5732.1 32438/0053 D. Pursuant to Article 4.7 of the Regulations, the Developer has agreed to enter into this Covenant to provide for Units within the Development which meet the Affordable Housing Program and which Covenant is to be recorded against the Real Property in the Public Records of Palm Beach County, Florida. E. This Covenant shall apply and be enforceable against Developer and all current and future Owners, as applicable, during the term of this Covenant and shall restrict the sale, resale, rental and use of the applicable Units as provided herein. NOW, THEREFORE, City and Developer hereby agree as follows: I. DEFINITIONS The following terms not otherwise defined herein shall have the meanings set forth below for purposes of this Covenant, and if a term is defined in the Regulations, the Regulations shall control: 1.1. Adjusted Median Income (A.M.I.) — The Palm Beach County median income, based on a family of four, as published by Florida Housing Finance Agency. 1.2. Affordability Controls — Restrictions placed on Units by which the rent of such Units and/or the income of the purchaser or lessee will be restricted in order to ensure that the Units remain affordable to those households which qualify as Low Income Households to Moderate Income Households. 1.3. Lj!j — The City of Delray Beach, Florida. 1.4. CRA — The Delray Beach Community Redevelopment Agency 1.5. Development — The housing development at the Real Property for which approvals of density bonus Units have been granted by the City to the Developer. 1.6. Eligible Occupant — A household who is income eligible to rent a Workforce Housing Unit. Priority will be given to persons who have lived or worked within the municipal limits of the City continually for the one (1) year period immediately prior to the date of application for a Workforce Housing Unit within the Development by an Eligible Occupant. 1.7. Exempt Transfer — A Transfer of all of the Development, as opposed to a Transfer of one or more individual Units that are separate from a Transfer of the entire Development. 1.8. First Time Home Buyer — A person who has not held ownership in a residence within the past three (3) years. 2 4824-9820-5732.1 .32438/0053 1.9. HUD - The United States Department of Housing and Urban Development. 1.10. Household — A single person living alone, or two (2) or more persons sharing residency, with a combined income available to cover household expenses. 1.11. Low Income Household(s) — A Household with a gross, combined income between 61% and 80% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Corporation) as published more specifically in the "Income Limits Florida Housing Finance Corporation CWHIP Homeownership Program" table for West Palm Beach — Boca Raton HMFA (Palm Beach) area. 1.12. Moderate Income Household(s)— A Household with a gross, combined income between 81% and 120% of the Palm Beach County Adjusted Median Income (as defined by the Florida Housing Finance Corporation) as published more specifically in the "Income Limits Florida Housing Finance Corporation CWHIP Homeownership Program" table for West Palm Beach — Boca Raton HMFA (Palm Beach) area. 1.13. Purchase Price or Sales Price -All consideration paid for the Transfer of a Unit either at or outside of closing, but shall not include any proration amounts, taxes, costs and expenses of obtaining financing, the fair market value of furnishings or personal property, lender fees, title insurance fees, closing costs, inspection fees, or other normal and customary costs related to the purchase of property but not paid directly to the seller. 1.14. Transfer -Any sale, assignment or transfer, voluntary or involuntary, or by operation of law (whether by deed, contract of sale, gift, devise, bequest, trustee's sale, deed in lieu of foreclosure, or otherwise) of any interest in a Unit, including but not limited to, a fee simple interest, a joint tenancy interest, a tenancy in common, a life estate, a leasehold interest (except for an affordable housing Unit lease as permitted by this Covenant), or any interest evidenced by a land contract by which possession of such Unit is transferred while the existing Unit Owner retains title. 1.15. Unit - A single family, condominium, townhouse, or apartment dwelling located in the Development. 1.16. Unit Owner -The record title owner at any time of a Unit. 1.17. Workforce Housing Unit or Workforce Unit —A Unit for which the rent or mortgage payment (including principal, interest, taxes and insurance ("P.LT.I.")) does not exceed 35% of the gross income of households that classify as a Low Income Household or as a Moderate Income Household and meets the other requirements of the Affordable Housing Program. 4824-9820-5732.1 32438/0053 II. RENTAL OF UNITS 2.1. The Development shall be subject to this Covenant, and each lessee of a Workforce Housing Unit shall be an Eligible Occupant, except as provided in Section 2.5 below. 2.2. In no event shall any Unit in the Development be used for transient, interval or timeshare rental or ownership. 2.3. At all times, a minimum of 43 Moderate Income Units in the Development must be designated as Workforce Housing Units to be reserved for occupancy by Eligible Occupants. However, the Developer shall be under no obligation to rent a Unit to any particular Eligible Occupant and may use its standard underwriting criteria to qualify all Eligible Occupants. 2.3.1. Workforce Housing Units targeted to Low Income Households at 61% to the 80% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed the 120% rent limit for the area (as defined by the Florida Housing Finance Corporation) as published more specifically in "Rent Limits Florida Housing Finance Corporation State Housing Initiatives Program (SHIP)" table for West Palm Beach — Boca Raton HMFA (Palm Beach) area. 2.3.2. Workforce Housing Units targeted to Moderate Income Households at 81% to the 120% affordability level of the Palm Beach County median income, adjusted for family size, shall not have rental rates that exceed the 140% rent limit for the area (as defined by the Florida Housing Finance Corporation) as published more specifically in "Rent Limits Florida Housing Finance Corporation State Housing Initiatives Program (SHIP)" table for West Palm Beach — Boca Raton HMFA (Palm Beach) area 2.3.3. No Workforce Housing Units shall be offered for rent to the general public until all requirements of this Covenant are met. 2.3.4 No efficiency or studio type Workforce Housing Units are allowed. 2.4. The Developer shall provide Workforce Housing Units that include Unit types in the same proportion as the market rate housing Unit types within the Development. The following conditions must be met: 2.4.1. The proportion of one (1) bedroom Workforce Units to total Workforce Units may not exceed the proportion of one (1) bedroom market rate Units to total market rate Units. 4 4824-9820-57321 32438/0053 2.4.2. The proportion of two (2) bedroom Workforce Units to Total Workforce Units may not exceed the proportion of two (2) bedroom market rate Units to total market rate Units. 2.4.3. The proportion of three (3) bedroom Workforce Units to total Workforce Units must meet or exceed the proportion of three (3) bedroom market rate Units to total market rate Units, unless four plus (4+) bedroom Workforce Units are provided. 2.4.4. The proportion of four plus (4+) bedroom Workforce Units to total Workforce Units must meet or exceed the proportion of four plus 4+ bedroom market rate Units to total market rate Units. 2.4.5. If the Development contains a mix of different types of Units, (e.g. condominium, townhouse, detached, etc), the proportion of Workforce Units of each type to total Workforce Units must be approximately the same as the proportion of market rate Units of each type to total market rate Units. 2.4.6. If the development includes both "For Sale" and "For Rent" Units, the proportion of "For Rent" Workforce Units to "For Sale" Workforce Units must not exceed the proportion of "For Rent" market rate Units to "For Sale" market rate Units; provided however if the Workforce Housing Units are funded under Florida Housing Finance Corporation's Housing Credit or SAIL Programs, the proportionality requirement herein stated shall not apply if the Development provides at least twenty percent (20%) the Units in the Development above the thirty (30) dwelling units per acre of the "For Sale" Units as Workforce Housing Units. 2.4.7. The total number of Units in the Project, including both Workforce Units and market rate Units, are based on the certified site plan for the Development. 2.5. Workforce Housing Units offered for rental shall be marketed continuously as Workforce Housing Units. In the unlikely event that, notwithstanding the marketing efforts of Developer, the total number of occupied Workforce Housing Unit(s) does not equal 100% of the Workforce Units required for the Development and, as to Workforce Units which have remained vacant for 45 days or more due to a lack of Eligible Occupants, those units may be rented to non -eligible occupants at market rents: provided that the Developer shall pay to the Delray Beach Housing Trust Fund (DBHTF) at the end of each calendar year any rents actually received from the non -eligible occupants of the Workforce Housing Units for that year in excess of the rents that would have been received from Eligible Occupants for such Workforce Housing Units based on workforce rents at the time of signing the lease ("Excess Rental Payments"). Excess Rental Payments shall accrue only for periods in which the required 100% is not satisfied. No later than 20 days following the end of the month, the Developer shall provide the DBHTF with a monthly statement highlighting those units which require Excess Rental Payments. No later than 30 days following the end of the year, the Developer shall provide the DBHTF with an annual statement. The Workforce Housing Units rented to non -eligible occupants will be considered a Workforce Housing Unit. If 5 4824-9820-.5732.1 32438/0053 less than 100% of the total number of Workforce Housing Units required for the Development are occupied with Eligible Occupants, then each subsequent vacant unit shall be marketed to Workforce Housing eligible applicants pursuant to an approved marketing and advertising plan until all required Workforce Housing Units are rented to Eligible Occupants. III. FUTURE SALE OF WORKFORCE HOUSING UNITS 3.1. Should Units be offered for sale in the future in accordance with Florida Condominium Law, only deeds of those Units to be sold as Workforce Housing Units shall include reference to this Covenant. All sales contracts shall state that the Workforce Housing Unit is part of the Affordable Housing Program and subject to this Covenant. All deeds to Unit Owners of Workforce Housing Units (except for a deed for an Exempt Transfer) shall provide that the Delray Beach Community Land Trust, Inc., a Florida not- for-profit corporation ("DBCLT") shall have the right of first refusal to purchase the Workforce Housing Unit on the same terms and conditions as a prospective buyer. Developer and/or the owner of the Workforce Housing Unit shall notify the DBCLT and the City in writing within five (5) days after the Developer's or the Unit Owner's acceptance of a contract for sale and purchase (except for an Exempt Transfer) and shall include in the notice a true and correct copy of the contract. The DBCLT shall have fifteen (15) business days after receipt of the written notice and contract to exercise its right to purchase the Unit on the same terms as stated in the contract, except as stated herein. The DBCLT shall deliver written notice of its exercise to purchase the Workforce Housing Unit to the Developer/Unit Owner within ten (10) business days after the receipt by the DBCLT of the Developer's/Unit Owner's written notice. The DBCLT shall close the transaction within thirty (30) business days after its election to exercise its right of first refusal. In the event the DBCLT is not then in existence or no longer qualifies to act on behalf of the City, then the City, its successors and assigns may exercise the right of first refusal. 3.2. All purchasers of Workforce Housing Units (except a purchaser pursuant to an Exempt Transfer) shall qualify as a Low Income Household or a Moderate Income Household and must be a First Time Home Buyer. 3.3. Owners of Workforce Housing Units (other than the Developer) shall be required to occupy the Unit. If, during ownership, the Owner is unable to continuously occupy the Unit due to illness or incapacity, based upon evidence and application made to the City, City may in its discretion, excuse compliance with this requirement. 3.4. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of closing. No charges or fees shall be imposed by the seller on the purchaser of a Workforce Housing Unit which are in addition to or more than charges imposed upon purchasers of market rate Units, except for administrative fees charged by the City, the CRA, or their respective designee. 6 4824-9820-5732.1 32438/0053 3.4. 1. The maximum sale price of a Workforce Housing Unit (except for an Exempt Transfer) shall be established by the City based upon a formula that considers the prevailing institutional lender mortgage interest rates, as approved by the City Commission by resolution. 3.5. Except for an Exempt Transfer, no Workforce Housing Units shall be offered for sale to the general public until all requirements of this Covenant are met. Each purchaser shall be an Eligible Occupant. 3.6. Except as expressly permitted by this Covenant, no Workforce Housing Unit may be transferred. 3.7. At all times, the Units in the Development above the thirty (30) dwelling units per acre must include a minimum of twenty percent (20%) Workforce Units divided between Low Income Households to Moderate Income Households. 3.8. Not less than ten (10) calendar days prior to the closing on any Workforce Housing Unit sale or resale (except for an Exempt Transfer), the City shall be notified of the sale or resale of the Workforce Housing Unit and the City shall be provided with a true and correct copy of the proposed contract. Developer or owners of a Workforce Housing Unit, respectively, shall deliver written notice of the intent to sell to the City, and shall provide to the City all information which is necessary for the City to determine that the proposed sale complies with the terms, restrictions, and conditions contained in this Covenant. The information shall be provided to the City on City approved forms and shall be executed under oath by the proposed transferor or transferee, as applicable. The City shall have ten (10) business days after the receipt of the written notice to determine and notify the Developer and/or Unit Owner whether the proposed transfer is in compliance with the terms, conditions, and restrictions contained in this Covenant. If it is not, the proposed transfer shall not be made and any such transfer not in compliance with this Covenant shall be deemed null and void. If the City does not timely deliver written notice to Developer and/or Unit Owner that the proposed contract is not in compliance, such contract shall be deemed approved by the City. City shall have the right to waive this notice requirement at its sole discretion as circumstances may warrant to facilitate sale of Workforce Housing Units. Each contract for sale and purchase of a Workforce Housing Unit (except for a deed for an Exempt Transfer) shall contain a clause which subjects the proposed transfer to the prior review of the City. IV. ADDITIONAL RESTRICTIONS 4.1. All Workforce Housing Units constructed or rehabilitated in the Development shall be situated within the Real Property so as not to be in less desirable locations than market rate Units in the Development and shall, on average, be no less accessible to public amenities, such as open space, as the market rate Units. 4.2. Workforce Housing Units shall be integrated within the rest of the Development and shall be compatible in exterior design, appearance, construction, and 7 4824-9820-5732A 32438/0053 quality of materials and contain comparable HVAC systems and appliances with market rate Units and provide them as standard features. All Workforce Housing Units shall contain comparable square footage to the corresponding market rate Unit. 4.3. The construction schedule for Workforce Housing Units shall be consistent with or precede the construction of market rate Units. 4.4. There shall be no lot premiums charged on the Workforce Housing Units which are not otherwise charged for equally situated market rate Units. 4.5. Resale and Subsequent Rentals of Workforce Housing Units. To maintain the availability of Workforce Housing Units which are constructed within the Development, the following resale and/or rental conditions are imposed on the Workforce Housing Units and the same shall also be included in each deed: a. All Workforce Housing Units shall remain affordable for a period of no less and no more than forty (40) years from the date of recording of this Covenant in the Public Records of Palm Beach County, Florida. b. Except for an Exempt Transfer, all Workforce Housing Units must be rented or sold to Eligible Occupants except as otherwise provided in Section 2.5. C. If the Units in the Development are part of a condominium, cooperative, homeowners association or similar community, these Covenants shall be incorporated into the governing documents of such community and the governing documents shall be approved by the City Attorney. The governing documents may not be amended without the City's consent. d. Workforce Housing Unit resales shall be limited to Households of the same category relative to income. e. The sales price of Workforce Housing Units may not exceed the upper limit of affordability for the income category to which the Unit was originally assigned. f. Transfers of title under the following circumstances shall be allowed, and are not subject to the restrictions included in this Covenant: i. Transfers by inheritance to the Unit Owner's surviving spouse, qualified domestic partner, or lineal descendants, or; 8 4824-9820-5732.1 32438/0053 ii. Transfers of title to a spouse as part of a divorce decree, or to a qualified domestic partner as part of a court approved property settlement agreement; or iii. Acquisition of title or interest therein by an existing Unit Owner's spouse if it is in conjunction with marriage of the Unit Owner and his/her spouse, or by an existing Unit Owner's qualified domestic partner; or iv. Exempt Transfers. 4.6. No resale of a Workforce Housing Unit is permitted until the requirements of this Covenant are met. 4.7. No Workforce Housing Unit may be sublet or assigned to a tenant(s) or purchaser(s) whose income exceeds the percent of AMI under which the Unit was originally approved, except as otherwise provided in Section 2.5. 4.8. Household income is determined by the cumulative income of all tenants or purchasers intended to occupy a single Unit. 4.9. The maximum permitted resale price of a Workforce Housing Unit may not exceed the initial sale price of the Workforce Housing Unit, subject to an increase at the same rate as the Palm Beach County median income has increased from the initial date of purchase. 4.10. Nothing contained in this Covenant shall require a Household qualified to occupy a Workforce Unit to vacate a rental Workforce Housing Unit or to sell a Workforce Housing Unit if the tenant(s) or purchaser(s) income respectively, later exceeds AMI, provided such Household initially qualified for such lease or purchase. 4.11. The forms of the lease, contract for sale (except for an Exempt Transfer), or deed for the rental or sale of a Workforce Housing Unit, respectively, shall be approved in advance for compliance with this Covenant by the City Attorney, which approval shall not be unreasonably withheld. 4.12. To ensure the Developer's compliance with the Affordability Controls and restrictions contained in this Covenant, not later than the tenth (10"') day of each calendar month for every month during the term of this Covenant, Developer shall deliver a written report ("Report") to the City containing such information and documents as the City may require to verify that the Developer is in compliance with this Covenant. The Report shall be current as of the first day of the month in which the Report is delivered to the City. The form of the Report shall be approved by the City Attorney. At a minimum, the Report shall contain the following information and documents with respect to each Workforce Housing Unit: 9 4824-9820-5732.1 32438/0053 4.12. 1. With respect to Workforce Housing Unit leases: a. Name and address of each Unit's Eligible Occupant and member of the Household; b. Date lease term commenced; C. Date lease term terminates; d. Amount of monthly rent due under the lease; e. Household income; f. Unit address; g. Number of bedrooms and baths in each Unit; h. Household size; i. Whether Unit is occupied or vacant; and j. Total number of Workforce Housing Units presently leased; 4.12.2. With respect to Workforce Housing Unit sales: a. Total number of Workforce Housing Units listed for sale; b. Total number of Workforce Housing Units transferred by the Developer; C. Date of each sale closing; d. Household size; e. Name and address of all Eligible Occupants; f. Number of bedrooms and baths in Unit; g. A copy of the recorded instrument which transferred the Unit; h. Unit address; and i. Qualifying Household income. 10 4824-9820-5732.1 32438/0053 4.12.3. The Report shall be executed under oath by the Developer or its authorized agent or representative. 4.13. Provided no Units are offered for sale by the Developer and the Developer owns all of the Units in the Development, the Developer may redesignate a Unit as a rental Workforce Housing Unit or redesignate a Unit as a market rate rental Unit provided, at all times, the Units in the Development above the thirty (30) dwelling units per acre must include a minimum of twenty percent (20%) Workforce Units divided between Low Income Households to Moderate Income Households. 4.14. At any reasonable time and from time to time, after first providing the Developer, lessee or such Unit Owner with not less than twenty-four (24) hours advance written notice, except in the case of an emergency, when less advance notice may be given., the City may enter the Development for the purpose of conducting personal interviews and obtaining other information reasonably necessary to verify Developer's compliance with the City's Affordable Housing Program requirements. 4.15. Developer shall comply with all applicable Federal, State and local laws, rules, regulations and ordinances relating to the sale and rental of real property. 4.16. Developer shall promptly notify the City upon the occurrence of an Exempt Transfer. V. DURATION AND AMENDMENT 5.1. For both sale and rental of Workforce Housing Units, this Covenant shall remain in effect for forty (40) years from the date of recording of this Covenant in the Public Records of Palm Beach County, Florida. This Covenant shall apply to any replacement structure or structures constructed if a structure containing a Workforce Housing Unit or Units is demolished or destroyed, provided that if demolition or destruction of a structure containing Workforce Housing Units occurs thirty-five (35) years after recording of this Covenant and demolition or destruction was unintentional, this Covenant with respect to the Unit in the structure shall terminate on demolition or destruction. 5.2. Covenant Running With Land. The terms of this Covenant constitute covenants running with the Real Property and each designated Workforce Housing Unit. This Covenant shall bind, and the benefit hereof shall inure to, Developer, the Workforce Housing Unit Owners, DBCLT, and the City, and any heirs, legal representatives, executors, successors and assignees thereof. The Workforce Housing Units shall be held, conveyed (including pursuant to an Exempt Transfer), hypothecated, encumbered, leased, rented and occupied subject to the covenants, restrictions and limitation set forth herein, which are intended to constitute both equitable servitudes and covenants running with the Real Property. Any lessee, buyer, or transferee of a Workforce Housing Unit or any portion thereof, by acceptance of a lease or a deed therefor, or by the signing a lease or of a contract to purchase the same, shall, by acceptance of such lease or deed or by the 11 4824-9820-5732.1 32438/0053 signing of such contract or agreement, be deemed to have consented to and accepted the covenants, conditions, restrictions and limitations set forth herein, whether or not there is any express reference to this Covenant in such lease, deed or contract. 5.3. Amendment. This Covenant may be amended at any time by a recorded document executed and acknowledged by the respective Unit Owner(s) (including Developer, should Developer hold a Unit for sale) and the City. An amendment may be effective as to some but not all of the Units, in which event it need only be approved by the Unit Owner(s) of the Unit(s) so affected. VI. ENFORCEMENT 6.1. Right to Enforce. The City reserves, and Developer, all proposed lessees, buyers and the owners of Workforce Housing Units are deemed to have granted the City, the right to review and enforce compliance with all provisions of this Covenant, as further set forth in this Article VI. (a) In the event that the City has reasonable cause to believe that the Developer, lessee, occupant, Household or owner of a Workforce Housing Unit is in default of any of the provisions of this Covenant, then the City Manager, or his or her designee, may inspect the Development at any reasonable time and from time to time, after first providing the Developer, lessee or such Unit Owner with not less than twenty- four (24) hours advance written notice, except in the case of an emergency, when less advance notice may be given. (b) Except in the case of a default of this Covenant which constitutes an incurable default or involves the health, safety and welfare of owners of Workforce Housing Units in the Development, or in the case of an emergency (in which event no notice and opportunity to cure are required), the City shall give the Developer (if default is by the Developer), or the tenant or owner of a Workforce Housing Unit (if default is by the tenant or Unit Owner, respectively), fifteen (15) days written notice of such default, which notice shall state the nature of the default. If the default is not cured to the satisfaction of the City within fifteen (15) days from the giving of such notice, or immediately when no notice and opportunity to cure is required, the City may pursue any or all remedies available to it, as set forth in Section 6.1(c) below. (c) The City hereby reserves the right to enforce this Covenant by pursuing any and all remedies provided by law or in equity. The City's remedies shall include, by way of example and not limitation, the right to specific performance of this Covenant, the right to a mandatory injunction requiring the sale or lease of a Workforce Housing Unit in conformance with this Covenant, the right to cancel and declare void the sale, deed, contract or lease, the right to remove occupants, and damages and injunctive relief for breach of this Covenant. All of the remedies available to the City shall be cumulative, and the City's election to pursue any remedy shall not preclude the City for then or later pursuing any one or more other remedies. 12 4824-9820-5732.1 32438/0053 (d) In the event a party resorts to litigation with respect to any default under this Covenant, the prevailing party shall be entitled to recover its damages and costs, including expert witness fees from the party at fault. Developer shall not be liable for default that was due to misrepresentation or other wrongful act of an occupant. The party in default hereunder shall be responsible for the costs required to enforce the provisions of this Covenant. Venue for any action for breach of, or to enforce, this Covenant shall be in Palm Beach County, Florida. (e) In the event any Workforce Housing Unit is transferred or leased in a manner that is not in full compliance with the provisions of this Covenant, such transfer or lease shall be wholly null and void and shall confer no title or rights whatsoever upon the purported transferee or lessee. 6.2. Priority of Covenant. This Covenant shall be of equal dignity to, and shall not be subordinated to, any lien or encumbrance, including without limitation, any institutional lender, and shall survive and not be extinguished by the foreclosure or deed - in -lieu of foreclosure regarding any such liens or encumbrances. This includes, but is not limited to, judgment liens, assessment liens, tax liens, construction liens and mortgage liens. VI. MISCELLANEOUS 7.1. No Third Party Beneficiaries. There are no intended third party beneficiaries of this Covenant, and no party other than the City shall have standing to bring an action for, breach of, or to enforce, the provisions of this Covenant, except for the DBCLT which shall be an intended third party beneficiary of this Covenant with respect to its right of first refusal. 7.2. Notices. Notices to any person or entity shall be given in writing and delivered in person or mailed, by certified or registered prepaid U. S. Mail, return receipt requested, to the person's or entity's representative set forth below (as may be changed by notice from time to time) at the address set forth below: Notices to the City shall be sent to: City of Delray Beach 100 N. W. l St Avenue Delray Beach, Florida 33444 Attention: City Manager With a copy to: City Attorney City of Delray Beach 200 N. W. 1St Avenue Delray Beach, Florida 33444 13 48249820-5732.1 32438/0053 Notices to the Developer shall be sent to: MCA Delray Preserve Owner LLC c/o ZF Development II, LLC 200 E. Broward Blvd. Suite 1200 Fort Lauderdale, FL 33301 Notices to the Delray Beach Community Land Trust, Inc. shall be sent to: Delray Beach Community Land Trust, Inc. 20 North Swinton Avenue Delray Beach, Florida 33444 Notices to a tenant or owner of a Workforce Housing Unit may be given in like manner addressed to the applicable Unit. Such notice shall be deemed given when hand delivered or when deposited, postage prepaid, in the United States mail. 7.3. Severability. If any provision of this Covenant shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall survive and their validity, legality and enforceability shall not in any way be affected or impaired thereby, and the court may, but shall not be required to, fashion a substitute for the provision held to be invalid or unenforceable. 7.4. Headings. The headings of the sections in this Covenant are for convenience only and shall not be used to interpret the meaning of any provision hereof. 7.5. Homestead Waiver. This Covenant is prior and superior to each owner of a Workforce Housing Unit's right to a homestead exemption. Each owner of a Workforce Housing Unit waives that owner's homestead rights to the fullest extent that they conflict or impair the City's rights and remedies under this Covenant. 7.6. No Guarantee. Nothing herein shall be construed or give rise to any implied representation, warranty or guarantee, and the City expressly disclaims, that any owner of a Workforce Housing Unit will be able to resell his or her Workforce Housing Unit for the maximum purchase price or recover the purchase price for such Workforce Housing Unit or release for the maximum rent for such Workforce Housing Unit. Such owner of a Workforce Housing Unit recognizes and accepts that his or her Unit may be less marketable than other Units in the Development and may not sell for as great a purchase price. 7.7. Governmental Functions: Notwithstanding anything to the contrary contained in this Declaration: 14 4824-9820-5732.1 32438/0053 a. Even though the City has certain contractual obligations under this Covenant such obligations shall not relieve any person subject to this Covenant from complying with all applicable governmental regulations, rules, laws, and ordinances; 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 no person shall have any vested rights; 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 its governmental or quasi - governmental functions. 7.8 DEVELOPER AND CITY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS COVENANT AND ANY AGREEMENT EXECUTED IN CONJUNCTION HEREWITH OR THEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. 7.9 This Agreement constitutes the entire agreement between City and Developer. 7.10 Recordation. The parties acknowledge and agree that this Covenant shall be recorded in the Public Records of Palm Beach County, Florida, and shall be a covenant running with the Real Property. 7.11 Conflict. To the extent of any conflict between the terms of this Covenant and Section 4.7 of the City's Code of Ordinances in effect as of the date of the execution of this Covenant by the City, the Code of Ordinances shall control. 7.12 Venue. This Agreement shall be governed by the laws of the State of Florida. The venue for actions arising out of this Agreement shall be Palm Beach Florida. 15 4824-9820-57311 32438/0053 Signed, sealed and delivered in the presence of - WITNESSES: Print Name: �� e- int Name: ,M, �— h vk elwt STATE OF FLORIDA COUNTY OF r0U)q r-ck— OWNER: MCA DELRAY PRESERVE OWNER LLC, a Delaware limited liability company By: MCA Delray Preserve JV LLC, a Delaware limited liability company, its Sole Member By: ZOM Delray Preserve GP, LLC, a Delaware limited liability company, its Operating Member By: ZF Development II, LLC, a Florida limited liability company, its Manager By: Nam . Cyle C to Title: The foregoing instrument was acknowledged before me this- day of 5u nti e , 2015 by " le C [a" r, as 1 del n of, ZF Development II, LLC, a Flo •ida limit d liability company, as Manager of ZOM Delray Preserve GP, LLC, a Delaware limited liability company, as Operating Member of MCA Delray Preserve JV LLC, a Delaware limited liability company, as Sole Member of MCA Delray Preserve Owner, LLC, a Delaware limited liability company, on behalf of the company, who: (please one) is (are) personally known to me OR has (have) produced as identification. My Commission Expires: Not Public JULIE COFFEY MY COMMISSION #FF022685 ''FOFF�o? EXPIRES May 30, 2017 (407) 398.0153 FlorldallotaryService"com 16 4824-9820-5732.1 32438/0053 ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney Witness Print name of Witness Witness Print name of Witness STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, a Florida Municipal Corporation 1 DI 9 ItAWTAIJ - �.. Cary Glickstein, Mayor The foregoing instrument was acknowledged before me this day of 2015, by Cary Glickstein, Mayor, City of Delray Beach, Florida who: (please check one) is (are) personally known to me OR has (have) produced as identification. My Commission Expires: Notary Public 17 4824-9820-5732.1 32438/0053 .. I I oil Ni N Legal Description of Deal Property: Tract A, Delray Preserve, as per plat thereof recorded in Plat book 119, Page 133, of the Public Records of Palm Beach County, Florida. 18 4824-9820-5732.1 32438/0053 MEMORANDUM TO: Mayor and City Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: August 6, 2015 SUBJECT: AGENDA ITEM 7.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 PRIOR APPROVAL FOR SPENDING LIMIT INCREASE/COMMERCIAL ENERGY SPECIALISTS/PULSAR BRIQUETTES BACKGROUND Staff requests approval of the following motions: Approve Commercial Energy Specialists as a sole source vendor for Pulsar Briquettes in accordance with Code of Ordinances 36.02(C)(6)(a) - Sole Source Approve Section 36.03(B) Multiple Acquisitions from Vendor exceeding $25,000 in any fiscal year for $35,000 for fiscal year 2015 Approve Section 36.03(B) Multiple Acquisitions from Vendor exceeding $25,000 in any fiscal year for $35,000 for fiscal year 2016 The pool chlorination system at Pompey Pool requires daily use of Pulsar Chlorine briquettes to maintain the correct water quality of the Pompey Pool. The water quality standards need to comply with county and state regulations. The City has spent $21,349.25 so far this year and additional briquettes are needed before fiscal year end. Replacement of the Pulsar chlorination system at Pompey Pool is not currently anticipated, so authorization to purchase up to $35,000 of Pulsar Chlorine briquettes is requested for fiscal year 2016 as well. FUNDING SOURCE Chemicals - 001-4135-572.52-21 RECOMMENDATION Staff requests approval of the following motions: Approve Commercial Energy Specialists as a sole source vendor for Pulsar Briquettes in accordance with Code of Ordinances 36.02(C)(6)(a) - Sole Source Approve Section 36.03(B) Multiple Acquisitions from Vendor exceeding $25,000 in any fiscal year for $35,000 for fiscal year 2015 Approve Section 36.03(B) Multiple Acquisitions from Vendor exceeding $25,000 in any fiscal year for $35,000 for fiscal year 2016 Lonza ICM Division Lonza 5660 New Northside Drive NW Ste, 1100 Atlanta, GA 30328 October 16, 2014 To: City of Delray Beach 100 N.W. 1St Avenue Delray Beach, FL 33444 Attn: Gerard Smith Re: Purchase of Pulsar® Briquettes To Whom It May Concern: Please be advised that Commercial Energy Specialists is Lonza Microbial Control, Inc. (formerly Arch Chemicals, Inc.) sole source for Pulsar® chlorinating systems and Pulsar° chlorinating briquettes for the state of Florida. If you have any further questions regarding this matter please feel free to give me a call. Sincerely, Jeremy M. West ICM Southeast Regional Manager MEMORANDUM TO: Mayor and City Commissioners FROM: Gwendolyn Spencer, Chief Innovation and Technology Officer THROUGH: Donald B. Cooper, City Manager DATE: August 19, 2015 SUBJECT: AGENDA ITEM 7.H. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 INTERACTIVE VOICE RESPONSE SYSTEM UPGRADE/ SELECTRON TECHNOLOGIES, INC. BACKGROUND Staff recommends approval of the following motions: . Selectron has been determined to be a sole source vendor in accordance with Code of Ordinances, Chapter 36, Section 36.02(C)(6). . Selectron purchases will be approximately $50,000 for fiscal year 2015, in accordance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendors Exceeding $25,000 in Any Fiscal Year". Since 2004, Selectron has been used for interactive voice response (IVR) and web credit card payments for utility billing and permitting. The Selectron system is no longer in compliance with federal credit card processing rules and regulations. The upgrade to our existing system will allow for continued utilization of online and IVR credit card customer payments. The City has spent $24,950.00 for the annual maintenance this fiscal year. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The IT Division is requesting City Commission approval for an upgrade to the Selectron system in the amount of $23,000. TIMING OF THE REOUEST Purchase to be completed prior to Fiscal Year end. FUNDING SOURCE Funding of the $23,000 is available from CIP (334-6111-519-64.11). RECOMMENDATION Staff recommends approval of the following motions: Selectron has been determined to be a sole source vendor in accordance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6). Selectron purchases will be approximately $50,000 for fiscal year 2015, in accordance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendors Exceeding $25,000 in Any Fiscal Year". Selectron PREPARED FOk The City of Delray Beach, FL VoicePermitsT"I / VoiceUtilityT"I IVR Hardware Upgrade Selectron-Provided Server & OS (Windows 2012, 64 -Bit) Decommissioning Old VoicePermitsrm and Voice Utility'"' IVR Price Quote EE4219D August 4, 2015 Quote is valid for 90 days In accordance with the Software License Agreement, the City agrees to decommission the existing VoicePermitsrm and VoiceUtilityrm IVR and all components after cutover to the new VoicePermits'"'/VoiceUtilityrm IVR. Selectron's Project Manager will work with the City on software deletion, and will need signoff for confirmation. Hardware & Licensing for Eight (8) Production Voice Ports (Analog Integration) Faxing Hardware (Analog Integration) Professional Services for Standard Server Setup & Configuration Server Set up, Software Installation, Configuration and Testing Labor to Procure, Assemble, Configure and Test Server Components and Software Remote Installation Support and Configuration System Documentation VoicePermitsTM / WebPermitsTM IVR Software Upgrade Update VoicePermitsr' Software to Latest Point Release Update VoiceUtilityTm Software to Latest Point Release $4,500 $2,000 $1,000 $5,500 Included Included Included Included No Charge No Charge Update Existing 8 -Port CT ADE License Software & Key to Latest Version No Charge This upgrade is only free of charge if the existing 8 -port CT ADE license key is sent back to Selectron after cutover to the new/upgraded VoicePermits'"'/VoiceUtilityrm IVR (with new key). Otherwise, standard costs for a new license key will apply. Total Investment $13,000 Required Items Not Included In This Quote • Phone Lines & Network Services Required to Support the Installation • Required Host Interface (Please Contact Host Vendor for Pricing) • Host Interface Components Must Be Installed and Functioning Prior to Installation Page 1 of 3 0 5electron Optional Functionality Test Server Conversion (Old VoiceUtilityT"° Production Server) Professional Services for Test Server Setup and Configuration Test Server Port Licensing to Support 4 Ports Faxing Component CommunitySelect Engine DesktopDelivery Engine DesktopDelivery Single License DesktopDelivery 10 -Pack License VoIP Integration (Only $5,000 if Cisco) Price Quote EE4219D August 4, 2015 Quote is valid for 90 days $5,500 $3,000 $1,000 $8,500 $10,000 $500 $4,500 $7,500 Payment Extensions Module $8,750 The Payment Extensions module allows callers to extend the due date of their payments in accordance with the agency's business rules. All payment extensions are automated and performed in real time without requiring CSR intervention. After the request has been made, the IVR will inform the caller whether or not the extension has been granted. This quote assumes that all business rules are handled through the SunGard IVR Payment Extensions API UTAP1090C. Please contact SunGard for API UTAP1090C Pricing. The jurisdiction must set the payment extension parameters. These parameters include the number of extensions that a customer is allowed to request within a given time period, as well as the maximum number of days in the future that callers can extend their due date. Payment Extensions can be offered on the WebUtility application for an additional fee of $4,200. The module must be purchased for the VoiceUtility IVR to obtain this pricing. Page 2 of 3 0 5electron Price Quote EE4219D August 4, 2015 Quote is valid for 90 days SELECTRON PRODUCT AND SERVICE PRICING & PAYMENT INFORMATION Pricing does not include additional application integration charges that may be required as part of this solution. This includes Application Vendor API, user, or implementation fees, additional licensing fees, or other surcharges directly or indirectly charged by or remitted to the Application Vendor. PAYMENT TERMS Receipt of a Purchase Order by the Customer will constitute acceptance of the terms and conditions utilized in the Professional Services Agreement executed with the initial purchase of your interactive system. Customer will be invoiced 45% of Total Investment amount upon receipt of a Purchase Order and 55% of Total Investment amount when the products purchased are delivered and made available to customer for testing. Selectron Technologies expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to in the contract or purchase order terms and conditions. PREMIERPRO ON-GOING SUPPORT An active Support and Maintenance Agreement and all applicable fees are required as qualification for the discounted pricing offered in this quote. Based upon evaluation of the items contained in this quote, Support and Maintenance fees will be adjusted accordingly upon the next renewal of the active Support and Maintenance Agreement. In addition to the adjustment, support for a 4 -Port Test Server is estimated to be $2,500. TAXES Sales Tax or any other applicable taxes are NOT included in any of this proposal's pricing information. If taxes become applicable, these taxes will then need to be added to the proposed pricing. VENDOR INFORMATION Selectron Technologies, Inc. 12323 SW 66th Ave Portland, OR 97223 Ph: 503.443.1400 Fax: 503.443.2052 Page 3 of 3 Selectron PREPARED FOk The City of Delray Beach, FL WebPermitsT"" / WebUtilityT"" IWR Hardware Upgrade Selectron-Provided Server & OS (Windows 2012, 64 -Bit) Price Quote EE4220D August 4, 2015 Quote is valid for 90 days Decommissioning Old Web Utility '"'/WebPermitsrm IWR In accordance with the Software License Agreement, the City agrees to decommission the existing WebUtility'"'/WebPermitsrm IWR and all components after cutover to the new WebPermits'"'/WebUtilityrm IWR. Selectron's Project Manager will work with the City on software deletion, and will need signoff for confirmation. Professional Services for Standard Server Setup & Configuration Server Set up, Software Installation, Configuration and Testing Labor to Procure, Assemble, Configure and Test Server Components and Software Remote Installation Support and Configuration System Documentation VoiceUtilityTM / INebUtilityTM IVR Software Upgrade Update WebPermitsTm Software to Latest Point Release Update WebUtilityTm Software to Latest Point Release $4,500 $5,500 Included Included Included Included No Charge No Charge Total Investment $10,000 Required Items Not Included In This Quote • Phone Lines & Network Services Required to Support the Installation • Required Host Interface (Please Contact Host Vendor for Pricing) • Host Interface Components Must Be Installed and Functioning Prior to Installation Page 1 of 3 Selection Price Quote EE4220D August 4, 2015 Quote is valid for 90 days Optional Functionality Test Server Conversion (Old IWR Production Server) Professional Services to Convert Existing Production Server to a Test Server $5,500 Payment Extensions Module $8,750 The Payment Extensions module allows callers to extend the due date of their payments in accordance with the agency's business rules. All payment extensions are automated and performed in real time without requiring CSR intervention. After the request has been made, the IVR will inform the caller whether or not the extension has been granted. This quote assumes that all business rules are handled through the SunGard IVR Payment Extensions API UTAP1090C. Please contact SunGard for API UTAP1090C Pricing. The jurisdiction must set the payment extension parameters. These parameters include the number of extensions that a customer is allowed to request within a given time period, as well as the maximum number of days in the future that callers can extend their due date. Payment Extensions can be offered on the WebUtility application for an additional fee of $4,200. The module must be purchased for the VoiceUtility IVR to obtain this pricing. Page 2 of 3 0 5electron Price Quote EE4220D August 4, 2015 Quote is valid for 90 days SELECTRON PRODUCT AND SERVICE PRICING & PAYMENT INFORMATION Pricing does not include additional application integration charges that may be required as part of this solution. This includes Application Vendor API, user, or implementation fees, additional licensing fees, or other surcharges directly or indirectly charged by or remitted to the Application Vendor. PAYMENT TERMS Receipt of a Purchase Order by the Customer will constitute acceptance of the terms and conditions utilized in the Professional Services Agreement executed with the initial purchase of your interactive system. Customer will be invoiced 45% of Total Investment amount upon receipt of a Purchase Order and 55% of Total Investment amount when the products purchased are delivered and made available to customer for testing. Selectron Technologies expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to in the contract or purchase order terms and conditions. PREMIERPRO ON-GOING SUPPORT An active Support and Maintenance Agreement and all applicable fees are required as qualification for the discounted pricing offered in this quote. Based upon evaluation of the items contained in this quote, Support and Maintenance fees will be adjusted accordingly upon the next renewal of the active Support and Maintenance Agreement. In addition to the adjustment, support for a 4 -Port Test Server is estimated to be $2,500. TAXES Sales Tax or any other applicable taxes are NOT included in any of this proposal's pricing information. If taxes become applicable, these taxes will then need to be added to the proposed pricing. VENDOR INFORMATION Selectron Technologies, Inc. 12323 SW 66th Ave Portland, OR 97223 Ph: 503.443.1400 Fax: 503.443.2052 Page 3 of 3 ESelectron TECHNOLOGIES, INC August 10, 2015 Holly Vath City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 Dear Holly Vath, Chief Purchasing Officer: 12323 SW 66th Ave ! Portland, OR 97223 Phone: 866.878.0048 1 Fax: 503.443.2052 www.stigov.com I info@stigov.com This letter is to attest that all maintenance services, enhancements, and upgrades for your VokePermitsT WebPermits'°', VokeUtilityr," and WebUtilityT11 systems are only available directly from Selectron Technologies. Selectron Technologies (Selectron) is the sole provider and manufacturer of our products and services. Your Selectron systems are comprised of proprietary software specifically installed for the City of Delray Beach. Anyone providing maintenance services, enhancements, and upgrades must have access to this software code to support your installation. Since this code is part of our proprietary intellectual property, we would not release it to any non-Selectron organization. Best regards, \ Sara En I Accounting Manager Trusted Solutions. Real Value. MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: August 19, 2015 SUBJECT: AGENDA ITEM 7.I. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 RESOLUTION NO. 51-15 - SERVICE OF PROCESS BACKGROUND The attached Resolution 51-15 authorizes the City Manager, any Assistant City Manager, the City Attorney, or any Assistant City Attorney to accept service of process on behalf of the City of Delray Beach and any member of the City Commission who is sued in his or her official capacity. The City of Delray Beach Charter recognizes the Mayor, or in his absence or disability, the Vice Mayor as the head of the City government for accepting service of process. Additionally, Chapter 48, Florida Statutes provides that process against any municipal corporation be served on the mayor and in his or her absence on the Vice Mayor or, in the absence of both individuals, on any member of the Commission. Traditionally, service of process has been accepted by the City Manager's office. In order to allow the City to legally and more efficiently accept service of process, the City Attorney is recommending that the City Commission authorize additional individuals to accept service of process on behalf of the City and any member of the City Commission who is sued in his or her official capacity. This resolution also provides that any Commissioner who is an individual defendant in a lawsuit in his or her official capacity may, in writing to the City Manager, revoke the authority to accept service of process on his or her behalf. FINANCIAL DEPARTMENT REVIEW N/A RECOMMENDATION Commission approval. RESOLUTION NO. 51-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, ANY ASSISTANT CITY MANAGER, THE CITY ATTORNEY, OR ANY ASSISTANT CITY ATTORNEY TO ACCEPT SERVICE OF PROCESS ON BEHALF OF THE CITY OF DELRAY BEACH, FLORIDA AND ANY MEMBER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WHO IS SUED IN HIS OR HER OFFICIAL CAPACITY EXCEPT AS PROVIDED HEREIN; PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Section 3.06 of the City of Delray Beach Charter recognizes the Mayor as the head of the City government for accepting service of process; and WHEREAS, Section 3.06 of the City of Delray Beach Charter recognizes the Vice Mayor as the head of the City government for accepting service of process in the absence or disability of the Mayor; and WHEREAS, Section 48.111, Florida Statutes provides that process against any municipal corporation shall be served on the Mayor and in his or her absence on the Vice Mayor or in the absence of all of the above, on any member of the Commission; and WHEREAS, currently, service of process on any other individual is legally insufficient; and WHEREAS, the City of Delray Beach City Commission finds that, in order to enable the City of Delray Beach to most efficiently perform its municipal functions, it is necessary to authorize the City Manager, any Assistant City Manager, the City Attorney, or any Assistant City Attorney to accept service of process on behalf of the City of Delray Beach and any member of the City Commission who is sued in his or her official capacity. 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 Manager, any Assistant City Manager, the City Attorney, or any Assistant City Attorney of the City of Delray Beach, Florida is authorized to accept service of process for purposes of Chapter 48, Florida Statutes on behalf of the City of Delray Beach, Florida and any member of the City Commission of the City of Delray Beach, Florida who is sued in his or her official capacity except as provided herein. Any such process accepted by the City Manager, any Assistant City Manager, the City Attorney, or any Assistant City Attorney shall not be challenged in the proceeding by the City of Delray Beach or the member of the City Commission of the City of Delray Beach on the basis of failure to serve such process upon the appropriate person identified in Chapter 48, Florida Statutes. Any other challenge or defense to service of process may be asserted by the City of Delray Beach or the member of the City Commission of the City of Delray Beach. Section 3. That any Commissioner who is an individual defendant in a lawsuit in his or her official capacity may, in writing to the City Manager, revoke the authority to accept service of process on his or her behalf. In such event, the process must be served in accordance with Chapter 48, Florida Statutes. Section 4. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of 12015. ATTEST: City Clerk MAYOR RES. NO 51-15 MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: August 19, 2015 SUBJECT: AGENDA ITEM 7.J. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 OFFER OF SETTLMENT/ SORICE V. CITY OF DELRAY BEACH BACKGROUND This agenda item requests the Commission to consider an offer made by the Plaintiff in the amount of $35,000.00 to settle her pending personal injury case against the City of Delray Beach where she was allegedly injured by a runaway golf cart owned by the City at a City event. RECOMMENDATION The City Attorney, the Chief of Police and the Claim Adjuster, PGCS, recommend acceptance of this offer of settlement for the reasons discussed in the Confidential Memo previously distributed to the City Commission. MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney THROUGH: City Attorney DATE: August 19, 2015 SUBJECT: AGENDA ITEM 7.K. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 OFFER OF SETTLEMENT/GRIFFIN V. CITY OF DELRAY BEACH BACKGROUND This agenda item requests the Commission to consider an offer made by the Plaintiff to settle his malicious prosecution case against Officer Matthew Saraceni for $20,000.00 for allegedly being wrongfully arrested. RECOMMENDATION The City Attorney's Office, the Chief of Police and our Claims Adjuster, PGCS, all recommend acceptance of the offer of settlement for the reasons discussed in the Confidential Memo previously distributed to the City Commission. MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: August 17, 2015 SUBJECT: AGENDA ITEM 7.L. -REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 PROCLAMATIONS WHEREAS, food insecurity and the cycle of hunger and poverty are issues of high concern in the United States and South Florida, thus it is vital to raise awareness about the need to end food insecurity in every part of the country, and to provide additional resources that citizens may need; and WHEREAS, the City of Delray Beach is committed to working with Feeding South Florida, which is the Feeding America food bank that distributes food, educates people about the role and importance of food banks, and raises awareness about the need to devote more resources and attention to hunger issues; and WHEREAS, almost 800,000 individuals in South Florida rely on food provided by Feeding South Florida and its network of hundreds of nonprofit partner agencies annually; and WHEREAS, Feeding South Florida has distributed more than 40 million pounds of food and grocery products in 2015 through its direct service programs and network of numerous food pantries, soup kitchens, shelters, and other community organizations; and WHEREAS, food banks across the country including Feeding South Florida, will host several events throughout the month of September to bring awareness and attention to encourage involvement in efforts to end hunger in their local community. NOW THEREFORE, I, CARY GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim, September 2015, as: Hunger Action MonthTM in Delray Beach, Florida and I call upon all citizens to join me in highlighting the important message of humanitarianism being highlighted during this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3rd day of September, 2015. CARY D. GLICKSTEIN MAYOR WHEREAS, good attendance is essential to student achievement and graduation, and was identified as one of the core challenges that communities should focus their attention on as part of the Campaign For Grade -Level Reading to improve 3rd grade reading proficiency; and WHEREAS, chronic absence — missing 10 percent or more of school for any reason including excused and unexcused absences, is a proven predictor of academic trouble and dropout rates; and WHEREAS, improving attendance and reducing chronic absence takes commitment, collaboration and tailored approaches to particular challenges and strengths in each community; and WHEREAS, chronic absence predicts lower 3rd grade reading proficiency, course failure and eventual dropout, it weakens our communities and our local economy; and WHEREAS, the impact of chronic absence hits low-income students particularly hard if they don't have the resources to make up for lost time in the classroom and exacerbates the achievement gap that separates low-income students from their peers; and WHEREAS, all students — even those who show up regularly — are affected by chronic absence because teachers must spend time reviewing for students who missed lessons; and WHEREAS, chronic absence can be significantly reduced when schools, parents and communities work together to monitor and promote good attendance and address hurdles that keep children from getting to school; and WHEREAS, the City of Delray Beach recognizes the impact of good attendance and will implement for the third year in a row a Citywide Attendance Campaign entitled Rise and Shine! Get to School on Time! NOW THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim September 2015 as: ATTENDANCE AWARENESS MONTH in Delray Beach, and will stand with the nation in recognizing September as "Attendance Awareness Month" hereby committing to focusing on reducing chronic absenteeism by encouraging every student to attend school and be on time! IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3rd day of September 2015. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Senior Planner Tim Stillings, Director of Planning & Zoning THROUGH: Donald B. Cooper, City Manager DATE: August 17, 2015 SUBJECT: AGENDA ITEM 7.M. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS AUGUST 3, 2015 THROUGH AUGUST 14, 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. Site Plan Review and Appearance Board Meetingof f August 12, 2015 1. Approved (3 to 2, James Chard and Alice Finst dissenting and Andrew Youngross and Roger Cope absent), an amendment to the blanket sign program for the Hamlet Shops, to allow a tenant, Gourmet Killer Dogs, to utilize their corporate colors and trademark. The Hamlet Shops is located on the north side of West Atlantic Avenue, west of High Point Boulevard (4043-4071 West Atlantic Avenue). 2. Approved (5 to 0, Andrew Youngross and Roger Cope absent), a request for a color change for Domain Delray, an existing residential condominium, located on the east side of South Federal Highway, south of SE 10th Street (1401 South Federal Highway). Historic Preservation Board Meetingof f August 5, 2015 1. Denied (6 to 0, Samuel Spear absent), a request for a Certificate of Appropriateness associated with the demolition of an existing accessory garage structure at the individually designated property known as the Turner House, located at 145 NE 6th Avenue. 2. Approved (5 to 1, Rhonda Sexton dissenting and Samuel Spear absent), an amendment to the master sign program to allow the installation of a projecting sign for a new tenant, the Naked Hair Salon, at the individually designated property located at 290 SE 6th Avenue (northwest corner of SE 6th Avenue and SE 3rd Street). DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of August 3, 2015 thru August 14, 2015. OPERATING COST TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend that the item is forwarded to the City Commission for action. RECOMMENDATION (to the City Commission) By motion, receive and file this report. Attachment: Location Map CITY COMMISSION MEETING A&0 0.25 0.5 1 Miles APPEALABLE ITEMS I I I NORTH SEPTEMBER 3, 2015 PLANNING & ZONING DEPARTMENT SPRAB: HPB: • A. GOURMET KILLER DOGS 1. 145 NE 6TH AVENUE B. DOMAIN DELRAY 2.290 SE 6TH AVENUE Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\City Commission Maps\City Commission Map 9-3-15.mxd "� re m a o Q -.J N�.. m 2 i• - Y •—..1 eti �� " a > 1 Jr. >z Z �V eorgi ffiushl:31v j a e Ida Rd o 1 ........... r•— 1 j�.—..— —..—..—..—..—..�E Atlanti(ve 1 1 1 W tlantic Ave nd St Q' I.j c 0 A i..—.y j —L U) ¢ 1 o > 1 w a o > Q U) m j 0 c Co (D SW 10th St B v Lowson Blvd o 1 > 1 into vd E Linton Blvd 1 �..—........ j an own —> 1 1 > c 1 W 1 0 Q) j 0 0 c 1 � ..-..-..-..-..-..-..-..-..-..-..-..-.._.._..- .._.._.._.._ �..e.� U SPRAB: HPB: • A. GOURMET KILLER DOGS 1. 145 NE 6TH AVENUE B. DOMAIN DELRAY 2.290 SE 6TH AVENUE Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\City Commission Maps\City Commission Map 9-3-15.mxd MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: August 17, 2015 SUBJECT: AGENDA ITEM 7.N. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 AWARD OF BIDS AND CONTRACTS MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: July 29, 2015 SUBJECT: AGENDA ITEM 7.N.1 - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 BID AWARD TO K2 SUMMIT, LLC. (BID NO. 2015-48)/ MARINA ROOF REPLACEMENT BACKGROUND Staff recommends award of contract for Bid 2015-48, City Project Number 15-012, to the lowest bidder, K2 Summit, LLC for the Delray Beach Marina roof replacements in the amount of $41,870.00. The bid award is in accordance with Code of Ordinances, Chapter 36, Section 36.02 (A)(1), "Sealed Competitive Method". On May 31, 2015, the City issued Bid 2015-48 for the replacement of the roof at the Delray Beach Marina. On July 2, 2015 the City received three bids as follows: . K2 Summit, LLC : $41,870.00 . Roofing Concepts Unlimited Inc.: $48,410.00 . RSI Roofing, Incorporated: $53,732.00. The site consists of three structures, two shade gazebos and the shore facility. All three structures are continuously exposed to the highly corrosive environment present at that location. The metal roofs on all three structures are at elevated levels of deterioration; all have exceeded their engineered life cycle. Attachment(s) include: 1) Bid Tabulation 2) Location map FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider awarding a bid to K2 Summit, LLC in the amount of $41,870.00, as the lowest bidder for the Delray Beach Marina, City P/N 15-012. TIMING OF THE REOUEST This is a time sensitive item. The existing roof system is quickly deteriorating as a result of the harsh saltwater environment at this location. This project is funded in the current CIP. FUNDING SOURCE Funding is available from 426-4311-575-62.10 (City Marina Fund/Culture Recreation/ Buildings). RECOMMENDATION By motion, approve a bid award to K2 Summit, LLC in the bid amount of $41,870.00, as the lowest bidder for the Delray Beach Marina, City P/N 15-012. N r -I O LA r -I O N 0 Z H u W OC a z O u O o O LU U J U L ON Z C-6 N LULnZ LL. 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AN GAZEBO O mi W =IWE _ CITY of DELRAYBEACH = _ • • ENVIRONMENTAL2015-012 MIRAMAR INGRAHAM 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 2015-48 - Marina Roof Repairs Effective Date: MEMORANDUM TO: Mayor and City Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: August 7, 2015 SUBJECT: AGENDA ITEM 7.N.2 - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 BID AWARD TO MUNICIPAL EMERGENCY SERVICES, INC. FOR SCOT AIR PAK CONVERSION PARTS BACKGROUND Staff recommends a motion to approve award of Bid No. 2015-66 - Scott Air -Pak Conversion Parts to Municipal Emergency Services, Inc. for $38,625.00 in accordance with Code of Ordinances Section 36.02(A)(1), "Sealed Competitive Bids". The City issued Bid 2015-66 on July 27, 2015 and received one bid on August 7, 2015. The items included in the bid were parts to convert the Fire Department's Scott Air -Pak 75 to a standard waist belt pak. The total cost to covert 75 air-pak's is $38,625.00 FINANCIAL DEPARTMENT REVIEW Finance recommends approval. FUNDING SOURCE 001-2315-526-64.90 - Fire Department - Other Machinery and Equipment RECOMMENDATION Staff recommends a motion to approve award of Bid 2015-66 - Scott Air -Pak Conversion Parts to Municipal Emergency Services, Inc. for $38,625.00 in accordance with Code of Ordinances Section 36.02(A)(1), "Sealed Competitive Bids". SCOTT AIR-PAK CONVERSION PARTS/ EZ SCAPE CITY OF DELRAY BEACH BID No. 2015-66 Opening Date 08/07/2015 @ 2:00 pm Posted 08/10/2015 MES MUNICIPAL EMERGENCY SERVICES, INC. A. COST Item Number Description Quantity Unit Cost 200095-01 Waist Pad Assembly 75 $ 277.55 200237-03 Dual EBSS Pouch w/Flap, Left -Side, Waist 75 $ 91.65 804426-01 Waist Belt Assembly, Female 75 $ 44.20 804427-01 Waist Belt Assembly, Male 75 $ 41.60 Tota I $ 455.00 B. Installation Cost Complete Installation of conversion parts onto Scott Air -Pak 75 $ 4,500.00 Opening Date 08/07/2015 @ 2:00 pm Posted 08/10/2015 CITY OF DELRAY BEACH 100 NW 1St AVENUE, DELRAY BEACH, FL 33444 BID No. 2015-66 SCOTT AIR-PAK CONVERSION PARTS / EZ SCAPE Bid No. 2015-66 TO STANDARD WAIST BELT MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - CARY D. GLICKSTEIN - SHELLY PETROLIA - AL JACQUET - JORDANA JARJURA - MITCH KATZ - DONALD B. COOPER Purchasing Department ♦(561) 243-7161/7163 ♦Fax (561) 243-7166 Scott Air-PAK Conversion Parts CITY OF DELRAY BEACH INVITATION TO BID BID No. 2015-66 Addenda Enclosed thru Submission Deadline: Date/Time P.M. Submissions Accepted Via: Mail or in Person Submit to: City of Delray Beach Purchasing Division 100 NW 1St Avenue Delray Beach, FL 33444 Comments: A fax or electronic copy will not be accepted as a sealed bid. City of Delray Beach Time Stamped In: Bid No. 2015-66 Scott Air-PAK Conversion Parts SCOTT AIR-PAK CONVERSION PARTS / EZ SCAPE Title: TO STANDARD WAIST BELT Vendor Name: Addenda Enclosed thru Submission Deadline: Date/Time P.M. Submissions Accepted Via: Mail or in Person Submit to: City of Delray Beach Purchasing Division 100 NW 1St Avenue Delray Beach, FL 33444 Comments: A fax or electronic copy will not be accepted as a sealed bid. City of Delray Beach Time Stamped In: Bid No. 2015-66 Scott Air-PAK Conversion Parts CITY OF DELRAY BEACH Bid 2015-66 SCOTT AIR-PAK CONVERSION PARTS / EZ SCAPE TO STANDARD WAIST BELT Contents INVITATIONTO BID...............................................................................................................................................................2 SECTION 1: TERMS AND CONDITIONS...............................................................................................................................4 SECTION2: SCOPE OF WORK............................................................................................................................................. 11 SECTION3: FORMS FOR BID............................................................................................................................................... 12 Fonn1...................................................................................................................................................................................13 BID SUBMITTAL SIGNATURE PAGE.............................................................................................................................13 Form2...................................................................................................................................................................................14 PublicEntity Crimes.............................................................................................................................................................14 Form3...................................................................................................................................................................................15 DRUG-FREE WORKPLACE...............................................................................................................................................15 Form4...................................................................................................................................................................................16 CONFLICT OF INTEREST DISCLOSURE FORM............................................................................................................16 Form5...................................................................................................................................................................................17 ACKNOWLEDGMENT OF ADDENDA............................................................................................................................17 Form6...................................................................................................................................................................................18 SCHEDULEOF PRICING...................................................................................................................................................18 Bid No. 2015-66 1 Scott Air-PAK Conversion Parts ITB NO: 2015-66 CITY OF DELRAY BEACH ISSUE DATE: July 27, 2015 DUE DATE: August 7, 2015 INSTRUCTIONS TEL: (561) 243-7161/7163 FAX: (561) 243-7166 PURCHASING DIVISION INVITATION TO BID TITLE: SCOTT AIR-PAK CONVERSION PARTS / EZ SCAPE TO STANDARD WAIST BELT DEPARTMENT: FIRE DEPARTMENT TIME: 2:00 p.m. 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 bidder 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, TWO (2) 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 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 purchasing(u-)-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. Bid No. 2015-66 2 Scott Air-PAK Conversion Parts SCOTT AIR-PAK CONVERSION PARTS / EZ $CAPE TO STANDARD WAIST BELT This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. SCOPE OF SERVICES: Solicit Invitation for Bids to Purchase Scott Air -Pak Conversion Parts 200095-01 Waist Pad Assembly (Quantity 75) 200237-03 Dual EBSS Pouch w/Flap, Left -Side, Waist (Quantity 75) 804426-01 Waist Belt Assembly, Female (Quantity 75) 804427-1 Waist Belt Assembly, Male (Quantity 75) Complete Installation of conversion parts onto Scott Air -Pak 75 DUE DATE: August 7, 2015 at TIME 2 p.m. at which time all bids will be publicly opened and read. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall, 100 N.W. 1St Avenue, Delray Beach, Florida, first floor Conference Room. Bidders and the general public are invited and encouraged to attend. The following forms must be included in the sealed bid package: Form 1. Proposer's Submittal Form 2. Public Entity Crimes Form 3. Drug -Free Workplace Form 4. Conflict of Interest Form 5. Acknowledgement of Addenda Form 6. Cost Proposal 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 2:01 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, Purchasing(&mydelraybeach.com. To ensure a timely response, inquiries should be made by July 31, 5:00 p.m. Information in response to inquiries may be published as an Addendum. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of ninety (90) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City. Bid No. 2015-66 3 Scott Air-PAK Conversion Parts SECTION 1: TERMS AND CONDITIONS Bid 2015-66 SCOTT AIR-PAK CONVERSION PARTS / EZ SCAPE TO STANDARD WAIST BELT 1. SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3 4. PRICING/PERIOD OF CONTRACT: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of ninety (90) days from the date of opening unless otherwise stated by the City or bidder. B. Unit prices bid of listed items shall be held firm for the duration of the contract. C. Bidders may offer a cash discount for not be considered in determining the Bidders should reflect any discounts to prices bid. COMPLIANCE WITH SAFETY STANDARDS: prompt payment. However, such discounts will lowest net cost for bid evaluation purposes. be considered in the bid evaluation in the unit 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. 5. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. Bid No. 2015-66 4 Scott Air-PAK Conversion Parts 6. INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend the City, its offers, agents, servants, and employees from and against and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court cost, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceedings is brought against the City by reason of any such claim, cause of action, or demand, Contractor shall, upon notice from the City, resist and defend such lawsuit or proceedings by counsel satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of the Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor party under this Agreement may be retained by the City until all City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 7. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Proposers are advised that a Cone of Silence will be in effect during this RFP. The Cone of Silence prohibits any communications, except written correspondence, regarding this RFP, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract under this RFP, or any member of the Selection Committee. The Cone of Silence will commence and take effect at the deadline for submitting proposals, as indicated in Section 1.7, above. All written correspondence with the City must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides "[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." The County Code provides as follows: ,,a. 'Cone of silence' means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. b. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. c. The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any Bid No. 2015-66 5 Scott Air-PAK Conversion Parts person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. d. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. e. The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article 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." 8. LIABILITY, INSURANCE, PERMITS AND LICENSES: Where the successful proposer is required to enter or go onto City of Delray Beach property to deliver goods, materials, or perform work or services as a result of a Bid award, the successful proposer will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance and assure all work complies with all Federal, State, Local, Palm Beach County and Delray Beach ordinances, orders, codes, laws, rules, regulations, directives, and guidelines. The successful proposer shall be liable for any damages or loss to Delray Beach occasioned by negligence of the successful proposer (or agent) or any person the successful proposer has designated in the completion of the contract as a result of the proposal of this Bid. 9. CERTIFICATE OF INSURANCE: The successful proposer(s) will submit to the City current certificate(s) of insurance with the following limits: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. Bid No. 2015-66 6 Scott Air-PAK Conversion Parts 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a. Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Premises and/or Operations. c. Independent Contractors. d. Products and/or Completed Operations. e. No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a. Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles. c. Hired and Non -Owned Vehicles. d. Employer Non -Ownership. 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. 10. 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. 11. BILLING INSTRUCTIONS — AWARDED FIRM: Invoices must show the purchase order number and shall be submitted electronically to accountspayable(a)mydelraybeach.com or mailed to Accounts Payable, 100 NW 1St Avenue, Delray Beach, FL 33444. 12. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or FederaF Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 13. EXCEPTIONS TO CONDITIONS, 1 THRU 12 (Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 14. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. Bid No. 2015-66 7 Scott Air-PAK Conversion Parts 15. 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). 16. 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, any interest in the bidder's firm or any of its' branches. 17. 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. 18. 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. 19. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 20. 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. Bid No. 2015-66 8 Scott Air-PAK Conversion Parts 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, Proposals 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 21. PUBLIC RECORDS: Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. e) If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 22. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold Bid No. 2015-66 9 Scott Air-PAK Conversion Parts amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 23. OFFICE OF THE INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed city contracts, transactions, accounts and records. The City has entered into an Inter- local Agreement for Inspector General Services. This agreement provides for the Inspector General to provide services to the City in accordance with the City functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the City and receiving City funds shall fully cooperate with the Inspector General, including providing access to records relating to the Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the Contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 24. LOCAL PREFERENCE: In accordance with the City of Delray Beach Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. Bid No. 2015-66 10 Scott Air-PAK Conversion Parts SECTION 2: SCOPE OF WORK Bid 2015-66 SCOTT AIR-PAK CONVERSION PARTS / EZ SCAPE TO STANDARD WAIST BELT A. PURPOSE: The purpose of this bid is to purchase the following items: Item Number Description Quantity 200095-01 Waist Pad Assembly 75 200237-03 Dual EBSS Pouch w/Flap, Left -Side, Waist 75 804426-01 Waist Belt Assembly, Female 75 804427-01 1 Waist Belt Assembly, Male 75 Complete installation of conversion parts onto Scott Air -Pak 75 B. METHOD OF ORDERING: A series of Purchase Orders will be issued for this purchase. Invoice(s) for the products shall refer to the appropriate purchase order number. Invoices must show the purchase order number and shall be submitted electronically to accountspayablea-mvdelraybeach.com or mailed to Accounts Payable, 100 NW 1st Avenue, Delray Beach, FL 33444. C. INFORMATION: Any technical questions in regard to the submission of your bids and/or "Specifications" should be addressed in email to: purchasing(a)mydelraybeach.com D. REFERENCES: Provide a list of three (3) clients/municipalities that have utilized the services being proposed to the City. Include the following information for each reference: Name Agency Telephone E-mail address E. BID FORMAT: Chapter 1 Letter of Intent and Form 1 Chapter 2 Proposer's Statement of Organization Chapter 3 Qualifications Chapter 4 References Chapter 5 Form 2, Form 3 and Form 4 Chapter 7 Form 5 Acknowledgement of Addenda Chapter 8 Form 6 Proposed Cost Bid No. 2015-66 11 Scott Air-PAK Conversion Parts SECTION 3: FORMS FOR BID Each Proposer must complete and submit the six (6) forms included in this Section 3 of the Bid. A Proposer may be disqualified if its forms are not completed fully and in compliance with the instructions contained herein. Form 1. Proposer's Submittal Form 2. Public Entity Crimes Form 3. Drug -Free Workplace Form 4. Conflict of Interest Form 5. Acknowledgement of Addenda Form 6. Cost Proposal Bid No. 2015-66 12 Scott Air-PAK Conversion Parts Form 1 BID SUBMITTAL SIGNATURE PAGE By signing this Bid, the Proposer certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Firm Name Signature Name and Title(Print or Type) Date By signing this document, the Proposer agrees to all terms and conditions of this Solicitation. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BIDDER NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY B I D THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS BID. Bid No. 2015-66 13 Scott Air-PAK Conversion Parts Form 2 Public Entity Crimes NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub -Proposer, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date Bid No. 2015-66 14 Scott Air-PAK Conversion Parts Form 3 DRUG-FREE WORKPLACE If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug- free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Firm Name Signature Name and Title(Print or Type) Date Bid No. 2015-66 15 Scott Air-PAK Conversion Parts Form 4 CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest in the Proposer's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this proposal. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this proposal. Acknowledged by Firm Name Signature Name and Title(Print or Type) Date Bid No. 2015-66 16 Scott Air-PAK Conversion Parts Form 5 ACKNOWLEDGMENT OF ADDENDA The Proposer hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP. The Proposer acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM DATE I PRINT NAME OF TITLE OF SIGNATURE OF NUMBER RECEIVED PROPOSER'S PROPOSER'S PROPOSER'S AGENT AGENT AGENT Bid No. 2015-66 17 Scott Air-PAK Conversion Parts Form 6 SCHEDULE OF PRICING Bid 2015-66 BID TITLE: SCOTT AIR-PAK CONVERSION PARTS / EZ SCAPE TO STANDARD WAIST BELT A. COST Item Number Description Quantity Unit Cost 200095-01 Waist Pad Assembly 75 200237-03 Dual EBSS Pouch w/Flap, Left -Side, Waist 75 804426-01 Waist Belt Assembly, Female 75 804427-01 Waist Belt Assembly, Male 75 Total B. Installation Cost Complete Installation of conversion parts onto Scott Air -Pak 75 C. 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 D. BID INFORMATION WAS OBTAINED FROM: ❑ DemandStar ❑ Other, please specify: ❑ Newspaper Ad ❑ No ❑ City Hall Bid No. 2015-66 18 Scott Air-PAK Conversion Parts 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: Bid Award 2015-66 Scot Air Pak conversions. Effective Date: MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Stillings, Director, Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: August 7, 2015 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 CONDITIONAL USE REQUESUKENNEL FOR FIDO'S PLAY -N -STAY BACKGROUND A conditional use request is before the City Commission for approval of a kennel for Fido's Play -N - Stay. The property is located at 1885 SW 4th Avenue (Units E-1 & E-2), within Delray Industrial Park, on the east side of SW 4th Avenue, south of Linton Boulevard. The subject tenant bays (E-1 & E2) are located in the southeast corner of the site and contain a combined gross floor area of 7,567 sq. ft. (includes 1,790 sq. ft. mezzanine area). The parcel has a Future Land Use Map (FLUM) designation of Industrial (IND) and a zoning designation of Industrial (I). On July 20, 2015, by a unanimous vote of 7-0, the Planning and Zoning Board (PZB) recommended approval of the conditional use with conditions. There were no comments from the public. These conditions are included in the Planning & Zoning Board's recommendation and are indicated in the attached Conditional Use staff report, and reiterated in Staff's recommendation. DISCUSSION Consider approval of a Conditional Use request to allow a kennel pursuant to LDR Section 4.4.20(D) (10). RECOMMENDATION Staff concurs with the SPRAB to recommend approval of the Conditional Use request to allow a kennel pursuant to LDR Section 4.4.20(D)(10), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in Exhibit "A" of the Board Order that were recommended by the Planning & Zoning Board. STAFF REPORT TO: Mayor and Commissioners FROM: Planning and Zoning Dept. THROUGH: Donald B. Cooper, City Manager DATE: July 27, 2015 RE: City Commission Report — September 3, 2015: Conditional Use to Allow A Kennel for Fido's Play -N -Stay Background: The item before the Board is to consider approval of a Conditional Use request to allow a kennel for Fido's Play -N -Stay, pursuant to LDR Section 4.4.20(D)(10). The property is located at 1885 SW 4th Avenue (Units E-1 & E-2), within Delray Industrial Park, on the east side of SW 4th Avenue, south of Linton Boulevard. Delray Industrial Park contains 347,739 sq. ft. (7.983 acres) and consists of 133,400 sq. ft. of general industrial uses (i.e. manufacturing, assembly, warehouse, storage and attendant offices) and associated on-site parking. The subject tenant bays (E-1 & E2) are located in the southeast corner of the site and contain a combined gross floor area of 7,567 sq. ft. (includes 1,790 sq. ft. mezzanine area). The parcel has a Future Land Use Map (FLUM) designation of Industrial (IND) and a zoning designation of Industrial (1). Project Description: The request is to establish a kennel to accommodate 76 dogs in a supervised environment. Dog daycare will cater to busy dog owners who want to provide their dog with daily exercise and playtime while they work, shop or run errands. Dog boarding will accommodate owners for extended stay needs due to personal illness, vacation, or a work-related leave of absence. Dog boarding will accommodate play all day in a dog daycare environment and then overnight stay in secured crates. These crates will vary in size depending on the size of the dog. Fido's Play -N -Stay proposes to offer overnight boarding for up to 40 small dogs in 4x4 crates, 33 medium dogs in 4x8 crates and 3 large dogs in 5x10 crates. The dogs will be monitored remotely from an off-site location in the evening and the building will be secured with an alarm and fire detection system. During the day, the dogs play off -leash with other dogs within three designated indoor play areas, based upon the size of the dog. Small dogs will play in an 8' x 20' area. Medium dogs will play in a 12' x 31' area. Large dogs will play in a 12' x 35' area. All dogs are required to be spayed or neutered, be up to date on all required vaccinations/shots (including Bordetella vaccination and a monthly flea and tick control program). All dogs will go through temperament testing to qualify for admission to general play. Dogs deemed aggressive (such as Pit Bulls and Staffordshire Terriers) will not be permitted in group play. Seven fenced time-out areas measuring 2' x 4' (8 sq. ft.) will be provided for dogs needing to be removed from play areas during playtime. All employees will be trained in dog behaviors to recognize potential fighting and methods to diffuse situations. The full service dog daycare business hours will be 7 AM to 7 PM Monday -Friday, 9 AM to 5 PM Saturday and 9 AM to 5 PM Sunday. The pick-up and drop-off of animals for dog boarding will be limited to a 4 -hour time span on Sunday, to be determined on an as needed basis. Fido's Play -N -Stay will have an air filtration system for odors and will be 100% air conditioned. There will be cameras installed in all play areas that can be accessed via the internet by the dog owners, facility operators and caretakers. There will be a rigorous cleaning schedule which includes nightly cleaning and disinfecting with any dog accidents cleaned immediately. Dogs will be walked every few hours. Fido's Play -N -Stay will work also with area Human Societies and shelters to promote dog adoptions. Planning and Zoning Board Recommendation: On July 20, 2015, the Planning and Zoning Board recommended approval to the City Commission by a vote of 7-0 for the conditional use request to allow a kennel pursuant to LDR Section 4.4.20(D)(10), subject to the following conditions: 1. Approval of a Class I Site Plan Modification that is in general conformance to the submitted concept plan and satisfies any outstanding technical comments from City Departments and includes plan notations, including but not limited to the following: a. Transfer the parking data chart in this report to the concept plan which summarizes that no additional parking is required. b. Notation: Include on concept plan the method of collecting and disposing of animal waste, and the frequency. c. Notation: Include on concept plan that per LDR Section 4.4.20(D)(10), no on-site disposal of carcasses is allowed. d. Notation: Expansion of any use area outside of the two bays within which the kennel is proposed will require a modification to the conditional use. 2. Provision of a dumpster enclosure for the refuse container intended for this conditional use, prior to issuance of a certificate of occupancy. 3. Ensure common wall with adjoining tenant includes sound attenuation, if needed. 4. No pick-up or drop-off in any travel aisles. 5. If waivers are needed to satisfy any of the above conditions, then the site plan will require approval by the Site Plan Review and Appearance Board (SPRAB). CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: July 20, 2015 ITEM: Conditional use request to establish a kennel offering dog daycare, boarding services, indoor play areas, fitness, grooming and bathing facilities within two existing tenant bays located at Delray Industrial Park. GENERAL DATA: Owner ............................... Fred A. Zorovich, Trustee Applicant ....................... Fido's Play -N -Stay, LLC Agent ............................ Weiner, Lynne & Thompson, P. A. Location ............................. 1885 SW 4th Avenue (Units E-1 & E-2) Property Size ..................... 349,380 sq. ft. (0.1246 acres) Future Land Use Map........ IND (Industrial) Current Zoning ................... I (Industrial) Adjacent Zoning....... North: GC (General Commercial) & AC (Automotive Commercial) East: PC (Planned Commercial) & AC (Automotive Commercial) South: CF (Community Facilities) & OS (Open Space) West: PC (Planned Commercial) Existing Land Use .............. Prior Automotive Use in Tenant Bays E-1 & E-2 at Delray Industrial Park Proposed Land Use........... Proposed Kennel Use in Tenant Bays E-1 & E-2 at Delray Industrial Park Water Service .................... Existing on-site Sewer Service .................... Existing on-site ITEM BEFORE THE BOARD The action before the Board is making a recommen ation to the Ci y =ommission on a request for a Conditional Use, to allow a kennel associated with Fido's Play -N -Stay pursuant to LDR Section 4.4.29(E)(3). The property is located at 1885 SW 4th Avenue (Units E-1 & E-2), within Delray Industrial Park, on the east side of SW 4th Avenue, south of Linton Boulevard. BACKGROUND Delray Industrial Park contains 347,739 sq. ft. (7.983 acres) and consists of 133,400 sq. ft. of general industrial uses (i.e. manufacturing, assembly, warehouse, storage and attendant offices) and associated on-site parking. The subject tenant bays (E-1 & E2) are located in the southeast corner of the site and contain a combined gross floor area of 7,567 sq. ft. (includes 1,790 sq. ft. mezzanine area). The parcel has a Future Land Use Map (FLUM) designation of Industrial (IND) and a zoning designation of Industrial (1). PROJECT DESCRIPTION The request is to establish a kennel to accommodate 76 dogs in a supervised environment. Dog daycare will cater to busy dog owners who want to provide their dog with daily exercise and playtime while they work, shop or run errands. Dog boarding will accommodate owners for extended stay needs due to personal illness, vacation, or a work-related leave of absence. Dog boarding will accommodate play all day in a dog daycare environment and then overnight stay in secured crates. These crates will vary in size depending on the size of the dog. Fido's Play -N -Stay proposes to offer overnight boarding for up to 40 small dogs in 4x4 crates, 33 medium dogs in 4x8 crates and 3 large dogs in 5x10 crates. The dogs will be monitored remotely from an off-site location in the evening and the building will be secured with an alarm and fire detection system. During the day, the dogs play off -leash with other dogs within three designated indoor play areas, based upon the size of the dog. Small dogs will play in an 8' x 20' area. Medium dogs will play in a 12'x 31' area. Large dogs will play in a 12'x 35' area. All dogs are required to be spayed or neutered, be up to date on all required vaccinations/shots (including Bordetella vaccination and a monthly flea and tick control program). All dogs will go through temperament testing to qualify for admission to general play. Dogs deemed aggressive (such as Pit Bulls and Staffordshire Terriers) will not be permitted in group play. Seven fenced time-out areas measuring 2'x 4' (8 sq. ft.) will be provided for dogs needing to be removed from play areas during playtime. All employees will be trained in dog behaviors to recognize potential fighting and methods to diffuse situations. The full service dog daycare business hours will be 7 AM to 7 PM Monday -Friday, 9 AM to 5 PM Saturday and 9 AM to 5 PM Sunday. The pick-up and drop-off of animals for dog boarding will be limited to a 4 -hour time span on Sunday, to be determined on an as needed basis. Fido's Play -N -Stay will have an air filtration system for odors and will be 100% air conditioned. There will be cameras installed in all play areas that can be accessed via the internet by the dog owners, facility operators and caretakers. There will be a rigorous cleaning schedule which includes nightly cleaning and disinfecting with any dog accidents cleaned immediately. Dogs will be walked every few hours. Fido's Play -N - Stay will work also with area Human Societies and shelters to promote dog adoptions. Planning and Zoning Board Staff Report of July 20, 2015 Fido's Play -N -Stay - Conditional Use for A Kennel CONDITIONAL USE ANALYSIS REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has an IND (Industrial) Future Land Use Map (FLUM) designation and is zoned I (Industrial). The I (Industrial) zoning district is consistent with the IND Future Land Use Map designation and a kennel is an allowed conditional use pursuant to LDR Section 4.4.29.E.3. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Facilities which are provided by or through the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. As described in "Appendix A", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Required findings under LDR Section 2.4.5(E) are discussed later in this report. The following objective found in the adopted Comprehensive Plan may also be used in making a finding of overall consistency: 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 complementary to adjacent land uses; and fulfills remaining land use needs. The proposed kennel use on an existing industrial site is unlikely to have negative impacts on adjacent tenants. Waste will be handled appropriately by using heavy duty garbage bags in 2 Planning and Zoning Board Staff Report of July 20, 2015 Fido's Play -N -Stay - Conditional Use for A Kennel garbage cans with lids. Garbage is then disposed in the dumpster at the end of each day. It should be noted that dumpsters—are present throughout the industrial park. However, none appear to be enclosed. As this is a conditional use, consideration should be given to provide an enclosure for the dumpster intended for this use. To ensure minimal impacts to immediately adjacent tenants, it should be assured that the walls are sufficiently soundproofed. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the land development application/request. This discussion is limited to those items which are relevant to the conditional use request. LDR Section 4.4.20(1) - Industrail - Development Regulations: Pursuant to LDR Section 4.3.4 - Development Standards Matrix, please note the following requirements for Non -Residential Zoning Districts which apply to Industrial Zoning (1): Industrial (1) Required Provided Min. Lot Size (sq.ft.) 20,000 349,380 Min. Lot Width (ft.) 100 356.74 Min. Lot Depth (ft.) 200 870.44 Min. Lot Frontage (ft.) 100 416.6 Maximum Lot Coverage (%) 50 38.18 Min. Open Space (%) 25 6.06 Min. Front Setback (ft.) 30 43.4 Min. Side Interior Setback (ft.) - N 10 14.4 Min. Side Interior Setback (ft.) - S 10 31.9 Min. Rear Setback (ft.) 10 24.4 Max. Bldg. Height (ft.) 48 22 The item identified above in BOLD is noncompliant. Existing nonconformities may remain, but shall not be increased. Animal Waste: Per LDR Section 4.4.20(D)(10), no on-site disposal of carcasses is allowed. This note shall be placed on the approved site plan. This is a condition of approval. LDR Section 4.6 - Supplemental District Regulations: Parking: Pursuant to LDR Section 4.6.9(C)(5)(a), general industrial uses (manufacturing, assembly, attendant offices) shall provide parking at a rate of 3 spaces per 1,000 sq. ft. of gross floor area devoted to such uses. In addition, 1 space shall be provided for each 1,000 sq. ft. of gross floor area devoted to storage and warehouse house. A comparison of the existing and proposed parking requirements for tenant bays E-1 & E-2 is provided below: 3 Planning and Zoning Board Staff Report of July 20, 2015 Fide's Plav-N-Stav - Conditional Use for A Kennel Based upon the data above, no additional parking will be required for Fido's Play -N -Stay to occupy tenant bays E-1 and E-2 previously occupied by Palm Beach Auto Group. REQUIRED FINDINGS SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E) (5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses adjacent to the subject property: Palm Beach Auto Group GFA Rate Spaces Gasoline Station and Fast Food North: -Upper Mezzanine —195 11100t?.0 CF (Community Facilities) & OS (Open Solid Waste Transfer Station and South: Space) Ground Storage 60 1/1000 0.1 East: (Automotive Commercial) Ground Office 1,927 3/1000 5.8 West: Ground Cars 3,584 1/1000 3.6 7,567 Required 11.4 Fido's Play -N -Stay Upper Mezzanine 1,996 1/1000 2.0 Ground Storage 60 1/1000 0.1 Ground Office 1,927 3/1000 5.8 Ground Play Area 1,360 1/1000 1.4 Ground Kennels 2,224 1/1000 2.2 7,567 Required 11.4 Based upon the data above, no additional parking will be required for Fido's Play -N -Stay to occupy tenant bays E-1 and E-2 previously occupied by Palm Beach Auto Group. REQUIRED FINDINGS SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E) (5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses adjacent to the subject property: Across the railroad tracks to the east is an existing multi -story office building and automotive dealership. Due to the existing railroad right-of-way separating adjacent properties to the east, no adverse impact is anticipated. To the south is Miller Ball Park zoned OS and the Solid Waste Transfer Station zoned CF. It is noted that immediately abutting the south parcel line is the solid waste transfer station. No adverse impact is anticipated from the kennel on the solid waste transfer station. Miller Park is essentially unaffected due to the substantial distance from Adjacent Zoning: Adjacent Use: GC (General Commercial) & AC Gasoline Station and Fast Food North: (Automotive Commercial) Restaurant Establishments CF (Community Facilities) & OS (Open Solid Waste Transfer Station and South: Space) Miller Ball Park PC (Planned Commercial) & AC Multi -story Office Building and East: (Automotive Commercial) Automotive Dealership PC (Planned Commercial) New Century Commons West: Shopping Center Across the railroad tracks to the east is an existing multi -story office building and automotive dealership. Due to the existing railroad right-of-way separating adjacent properties to the east, no adverse impact is anticipated. To the south is Miller Ball Park zoned OS and the Solid Waste Transfer Station zoned CF. It is noted that immediately abutting the south parcel line is the solid waste transfer station. No adverse impact is anticipated from the kennel on the solid waste transfer station. Miller Park is essentially unaffected due to the substantial distance from Planning and Zoning Board Staff Report of July 20, 2015 Fido's Play -N -Stay - Conditional Use for A Kennel the actual tenant bays E-1 and E-2. To the west is the New Century Commons shopping center. Similarly,_ the shopping center is essentially unaffected due to the substantial distance from the actual tenant bays E-1 and E-2. To the north is a gasoline station and numerous fast food dining establishments. Again, these uses will be essentially unaffected due to the substantial distance from the actual tenant bays E-1 and E-2. Thus, the provision of a kennel for Fido's Play -N -Stay will not have a detrimental effect on the stability of the neighborhood within which it is located. Likewise, a kennel will not hinder development or redevelopment of nearby properties. Therefore, a positive finding can be made with respect to LDR Section 2.4.5(E)(5)(Required Findings), subject to the conditions of approval being addressed. REVIEW BY OTHERS The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority), Pineapple Grove Main Street (PGMS) or West Atlantic Development Coalition (WARC). Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: Delray Citizen's Coalition Linton Ridge The Vinings Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The conditional request is to establish a kennel to accommodate 76 dogs in existing tenant bays E-1 and E-2 formerly occupied by Palm Beach Auto Group, located with Delray Industrial Park at 1885 SW 4th Avenue. Dog boarding will accommodate play all day in a dog daycare environment and then overnight stay in secured crates. The full service dog daycare business hours will be 7 AM to 7 PM Monday -Friday, 9 AM to 5 PM Saturday and 9 AM to 5 PM Sunday. The pick-up and drop-off of animals for dog boarding will be limited to a 4 -hour time span on Sunday, to be determined on an as needed basis. Fido's Play -N -Stay will also work with area human societies and shelters to promote dog adoptions. Waste will be collected and stored in plastic bags and kept in trash containers with lids, with disposal occurring into the dumpster at the end of each day. An enclosure should be considered for the dumpster associated with the anticipated use. Provided the conditions of approval are addressed or adhered to, the proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Then positive findings can be made with respect to Section 2.4.5(E)(5) that it will not have a significantly detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. 5 Planning and Zoning Board Staff Report of July 20, 2015 Fido's Play -N -Stay - Conditional Use for A Kennel ALTERNATIVE ACTIONS A. Move to continue with direction. B. Recommend approval to the City Commission for a Conditional Use to allow a kennel associated with Fido's Play -N -Stay, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations. C. Recommend denial to the City Commission for a Conditional Use to allow a kennel associated with Fido's Play -N -Stay, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations. RECOMMENDED ACTION Recommend of approval to the City Commission for a Conditional Use to allow a kennel for Fido's Play -N -Stay, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a Class I Site Plan Modification that is in general conformance to the submitted concept plan and satisfies any outstanding technical comments from City Departments and includes plan notations, including but not limited to the following: a. Transfer the parking data chart in this report to the concept plan which summarizes that no additional parking is required. b. Notation: Include on concept plan the method of collecting and disposing of animal waste, and the frequency. c. Notation: Include on concept plan that per LDR Section 4.4.20(D)(10), no on-site disposal of carcasses is allowed. d. Notation: Expansion of any use area outside of the two bays within which the kennel is proposed will require a modification to the conditional use. 2. Provision of a dumpster enclosure for the refuse container intended for this conditional use, prior to issuance of a certificate of occupancy. 3. Ensure common wall with adjoining tenant includes sound attenuation, if needed. 4. No pick-up or drop-off in any travel aisles. 5. If waivers are needed to satisfy any of the above conditions, then the site plan will require approval by the Site Plan Review and Appearance Board (SPRAB). Staff Report Prepared By: Candi Jefferson, Senior Planner Attachments: Appendix A, Location Map, Fido's Play -N -Stay Site Plan, Floor Plan and Boundary Survey Planning and Zoning Board Staff Report of July 20, 2015 Fido's Play -N -Stay - Conditional Use for A Kennel CONCURRENCY FINDINGS' Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer. • Water service is existing on the site • Sewer service is existing on the site Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City through 2048. Streets and Traffic: A traffic statement has been provided for the proposed development. The applicant estimates 54 additional AM peak hour trips and 53 additional PM peak hour trips. Total weekday trips are 326. However, the Palm Beach County Traffic Division issued a letter of traffic concurrency on June 17, 2015, indicating that the proposed development will have 25 new AM trips, 25 new PM trips, 291 new daily trips and meets the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. Parks and Recreation Facilities: Park dedication requirements do not apply to non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The prior vehicular garage use (7,567 sq. ft.) generated 46.15 tons of solid waste per year. The proposed kennel use (7,567 sq. ft.) will generate 54.48 tons of solid waste per year. Thus, there will be a net increase of 8.33 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2048. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage is already accommodated on site. 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O LU g gO�i Lmo€ S,?'s vtiti�a: w Wok Y n Y 5 — o=0 ziIn $ II szol �n At1L—kyr lE HIM. � , I �� Wrp e7 e6� xoB xwxm WIN I mod �uout 'JMr ml wun- nnuul.� I. nw - NOI1dIN�90) ,60'L l4 //LY6.54ZON "' --- }---- j nn -N 3 A d 4 ii MJIM I i e fll 321nl 311Ho211V m „ .. bbbEEl13AVIA MS .. 3 H- .L1�15 \31S W�..`a- �Z'[311NN 3f1N3Atl VIb NS 5881 38eY (e;S-u-Ae!d OP!� gyg� rn a ll a i Iapowaa lueu l�oNalu7 HI lot HW me aanloaliHoad 1Gf-3— STC ''d17 ��YJ m %� a w� a$" bbbEE IJ'HDV39AVU130 (Z'I3llNN 3HN3Atl Nb M559 -.. ht -u -Al ld 001'='l q iavowaa euai,oHaaul € � Q z 5 K 0 0 zz MINUTES PLANNING AND ZONING BOARD CITY OF DELRAY BEACH REGULAR MEETING MEETING DATE: July 20, 2015 MEETING PLACE: MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT: City Commission Chambers Robin Bird, Jay Jacobson Krall, Joseph Pike, Gerald None Tim Stillings, Director of Planning and Scott Pape, Janice Rustin, Assistant City Board Secretai Mark McDonnell, and Diane Miller y MINUTES FOR FIDO'S PLAY N STA Project File #2015-187 PUBLIC HEARING IT S, A. Fido's Play N Stay Exparte Comm ication — None Mark McDonne , Asst. Director Planning ani o ing - Mr. McDonnell then entered into the record 2015-187 Use presented the item through a review of the staff report. Applicant Presentation Michl'771'Wei er for the applicant. T "m Petro — Owner e don't have any o I eciions :vi*thconditions and please adopt all (5) conditions. Public Comments - N ; e Boar omments Gerald Franciosa Will there be a dumpster enclosed and also sufficient sound proofing in the walls? Michael Weiner Yes, all that will be taken care of Robin Bird This there a certain material that you use for sound for the adjacent tenant? Steve Siebert — Architect for the project The current tenant has masonry and it is a higher STC than anything we could there will be a problem but if so we can add sound bats and sound boards to h Robin Bird Are you going to have any pick up or drop off? Thomas Petro No drop off Steve Mackey Any plans to expand? Thomas Petro Not at this time. don't believe Motion was made by Mark Krall and second by Gera, d Franciosa tocoinmend approval to the City Commission for a Conditional Use to allow a ke`for Fido's Play -N ay, by adopting the findings of fact and law contained in the staff report, and finding that th request and approval thereof is consistent with the Comprehensive Plan and meets criteria set �ff rth in Section 2.4.5(E)(5), and Chapter 3 of the Land Develo meat Regulations, sub'ect to the following conditions: 1. Approval of a Clas Site Plan dification at is m general conformance to the submitted concept plan ands any outstanding technica cements from City Departments and includes plan notations, g but not ted to the following: a. Transfer the parking data in to the concept plan which summarizes that no additional parking is required. b. otation: Include on conce t plan the method of collecting and disposing of animal waste, and the frequency. Ifarcasses Notation: Inclu concep an that per LDR Section 4.4.20(D)(10), no on-site disposal of is allowed. d. Notation: Expa of any use area outside of the two bays within which the kennel is pro will req odification to the conditional use. 2. Provision of a mpster enclosure for the refuse container intended for this conditional use, prior to issuance of certificate of occupancy. 3. Ensure common wall with adjoining tenant includes sound attenuation, if needed. 4. No pick-up or drop-off in any travel aisles. 5. If waivers are needed to satisfy any of the above conditions, then the site plan will requite approval by the Site Plan Review and Appearance Board (SPRAB). Motion aiDDroved 7-0 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR A KENNEL 1. This conditional use request for Fido's Play -N -Stay to allow a kennel to be located within Delray Industrial Park at 1885 SW 4t" Avenue within the I (Industrial) Zoning District has come before the City Commission on September 3, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for a kennel for Fido's Play -N -Stay. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met, subject to the attached conditions, as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LDR REQUIREMENTS: LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will the requirements of LDR Section 2.4.5(E) and Chapter 3 be met, subject to the attached condition(s)? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request and adopts the conditions as set forth in Exhibit "A", attached hereto and incorporated herein, and hereby adopts this Order this 3rd day of September, 20151 by a vote of in favor and _ opposed. 6 ATTEST: Chevelle Nubin, City Clerk Approved as to legal form And sufficiency: City Attorney Department Head: Cary D. Glickstein, Mayor Timothy Stillings, Director of Planning & Zoning 3 EXHIBIT "A" Conditions of Approval for Fido's Play -N -Stay 1. Approval of a Class I Site Plan Modification that is in general conformance to the submitted concept plan and satisfies any outstanding technical comments from City Departments and includes plan notations, including but not limited to the following: a. Transfer the parking data chart in the PZB staff report to the concept plan which summarizes that no additional parking is required. b. Notation: Include on concept plan the method of collecting and disposing of animal waste, and the frequency. c. Notation: Include on concept plan that per LDR Section 4.4.20(D)(10), no on- site disposal of carcasses is allowed. d. Notation: Expansion of any use area outside of the two bays within which the kennel is proposed will require a modification to the conditional use. 2. Provision of a dumpster enclosure for the refuse container intended for this conditional use, prior to issuance of a certificate of occupancy. 3. Ensure common wall with adjoining tenant includes sound attenuation, if needed. 4. No pick-up or drop-off in any parking lot driveway aisles. 5. If waivers are needed to satisfy any of the above conditions, then the site plan will require approval by the Site Plan Review and Appearance Board (SPRAB). MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Stillings, Director, Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: August 7, 2015 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 WAIVER TO THE MAXIMUM PERMITTED DEPTH OF A COVERED ENTRY PORCH FOR BEDNER'S FARM MARKET BACKGROUND A request is before the City Commission for approval of a waiver of the maximum permitted depth of 12' for a covered entry porch to allow a 16' 1" depth for Bedner's Farm Market. The site is located at the southeast corner of NE 4th Street and NE 3rd Avenue and is zoned CBD (Central Business District, Railroad Corridor Sub -district) and has a Central Core (CC) Future Land Use Map (FLUM) Designation. The site is developed and contains a 3,588 square feet building which was recently approved for a restaurant. Construction of the parking lot and other site improvements has begun. On July 22, 2015, the Site Plan Review and Appearance Board (SPRAB) considered the request. The SPRAB approved with conditions (7 to 0), a Class III Site Plan modification for a use conversion from the previously approved restaurant to a farmer's market; associated improvements including the construction of a covered entry porch along the north building elevation and enclosure of a 200 sq. ft. alcove on the east elevation. SPRAB also recommended to the City Commission approval (7 to 0) of the waiver to the maximum permitted depth of 12' for a covered entry porch to allow a 16' 1" depth. The granting of the requested waiver meets all the required findings with respect to LDR Section 2.4.7(B)(5) and LDR Section 4.4.13(K)(8)(b)(2) as it would not diminish the provision of public facilities or result in the grant of a special privilege and does not diminish the character of the district, erode connectivity of the street and sidewalk or negatively impact adopted bicycle/master pedestrian plan or create an inferior pedestrian plan. A complete analysis of the waiver request is attached. FINANCIAL DEPARTMENT REVIEW DISCUSSION Consider approval of a waiver to LDR Section 4.4.13(E)(4)(a), which limits a maximum depth of 12' for the covered entry porch to allow a 16' 1" depth. RECOMMENDATION Advisory/Approving Board Recommendation: On July 22, 2015, the SPRAB unanimously recommended to the City Commission approval of a waiver to LDR Section 4.4.13(E)(4)(a), regarding the maximum depth of 12' for the porch frontage type. Recommendation: Recommend approval of a waiver to LDR Section 4.4.13(E)(4)(a), by adopting the findings of fact and law contained in the staff report, and a finding that the request and approval thereof is consistent with LDR Sections 2.4.7(B)(5) and 4.4.13(K)(8)(b)(2) to allow the depth of the covered entry porch to extend to 16' 1 ". . Bedner's Farm Market Waiver Analysis . Board Order . SPRAB Report for July 22, 2015 . Draft Minutes from the SPRAB Meeting of July 22, 2015 TO: Mayor and Commissioners FROM: Planning and Zoning Dept. THROUGH: Donald B. Cooper, City Manager DATE: August 4, 2015 RE: Waiver Analysis Regarding the maximum permitted depth of a covered entry porch for Bedner's Farm Market Background: The development proposal involves the conversion of use for the 3,788 square foot warehouse building to a farmer's market; the addition of a covered entry porch; enclosing a 200 square foot alcove on the east elevation along with minor architectural elevation changes and other minor site improvements. Waiver Analysis. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a funding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted sunder similar circumstances on other property for another applicant or owner. The applicant has submitted a request for a waiver to LDR Section 4.4.13(E)(4)(a), which requires a maximum permitted depth of 12' for a covered entry porch, whereas 16'1"is proposed. The applicant has provided the following statement to support the request: "Relief to LDR Section 4.4.13(E)(4)(a) which required porches not to exceed 12' in depth, due to the unique site with an existing paved plaza the new tenant is requesting to extend the porch to 161" in depth. Bedner's Farm Fresh Market would like the outdoor covered porch to mimic their existing store in West Delray and provide an outdoor display area for their fresh produce and a covered canopy for the entrance and exit. Per LDR Section 4.4.13(K)(8)(b)(2), this request would not diminish the character of the district, erode connectivity of the street and sidewalk or negatively impact adopted bicycle/master pedestrian plan or create an inferior pedestrian plan." CBD Waiver Criteria: Pursuant to I_.DR Section 4.4.13(K)(8)(b)(2), for properties within the CBD, the following standards shall be used by the City Commission when considering waiver requests: a. The waiver shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls; b. The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land; c. The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/ pedestrian master plan; and, d. The waiver shall not reduce the quality of civic open spaces provided under this code. Staff Assessment: Frontage types are required to define architectural characteristics for the detailing of building entrances. The frontage types identified for commercial properties are, namely, porch, bracketed balcony, forecourt, storefront and arcade/colonnade. The proposed development has incorporated a defined architectural feature which clearly emphasizes the building entry. This architectural element exhibits characteristics of the porch frontage type. The building as existing does not have any relationship to the street and the provision of the porch, strives to provide that relationship, rather than maintain the blank wall that is not inviting. The building sits approximately 167 feet from. NE 4"' Street. The increased depth brings the building closer to the NE 4t' Street frontage which helps to promote the architectural presence adjacent to a large expanse of pavement. As the porch is located within the property and does not diminishes the streetscape, the granting of the waiver will not allow the creation of significant incompatibilities with adjacent properties nor will it erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan. The granting of the requested waiver to LDR Section 4.4.13(E)(4)(a) will not diminish the provision of public facilities or result in the grant of a special privilege. Based upon the above, positive findings with respect to LDR Section 2.4.7(B)(5) and LDR Section 4.4.13JC) (8)(b)(2) can be made. 2 IN THE CITY COMMISSION CI IAMBERS OF ` IJE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR BEDNER'S FARM MARKET 381 NE 3' AVENUE 1. This waiver request came before the City Commission on September 3, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Bedner's Farm Market development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I & II. 1. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.13 (E)(4)(a) Pursuant to LDR Section 4.4.13(E)(4)(a), the maximum dcpth permitted for porches is 12'. The applicant is requesting that the depth of the front entry porch be increased from. 12' to 16' 1 ". 1. Should the waiver to Section 4.4.13(E)(4)(a), allowing a depth of 16' 1" for the front entry porch be granted? Yes No II. CBD WAIVERS: Pursuant to LDR Section 4.4.13(K)(8)(b)(21 in addition to the findings in LDR Section 2.4.7(B)(5), within the CBD, the following standards shall be considered when reviewing waiver requests: (a) The waiver shall not result in an interior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls. (b) The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land, (c) The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan. (d) The waiver shall not reduce the duality of civic open spaces provided. A. Waiver to LDR Section 4.4.13(E)(4)(a) Pursuant to LDR Section 4.4.13(E)(4), the maximum depth permitted for porches is 12'. The applicant is requesting that the depth of the front entry porch be increased from 12' to 16' 1". 1. Should the waiver to Section 4.4.13(E)(4)(a), allowing a depth of 16' 1" for the front entry porch be granted? Yes No 3. The City Commission has applied the Comprehensive Plan, LDR and CBD zoning district requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4, The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies this waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3`a day of September 2015, by a vote of in favor and opposed. 2 ATTEST: Chevelle Nubin, City Clerk Approved as to legal form And sufficiency: City Attorney Department Head: Timothy Stillings, Director of Planning & Zoning Cary D. Glickstein, Mayor SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: July 22, 2015 ITEM: Bedner's Farm Market, 381 NE 3'0 Avenue — Class III Site Plan Modification Associated with the Conversion of an Approved Restaurant Use to Farmer's Market GENERAL DATA: Owner/Applicant ......................... Agent.......................................... Location.... .................. -.............. Property Size .............................. Future Land Use Map.. ............. Current Zoning ............................ Adjacent Zoning................North: 381 Blue, LLC George Brewer Southeast corner of NE 4th Street and NE 3d Avenue 0.37 Acres CC (Commercial Core) CBD (Central Business District, Railroad Corridor Sub district) RO (Residential Office) East: CBD (Central Business District, Railroad Corridor Sub -district) South: CBD (Central Business District, Railroad Corridor Sub -district) West: CBD (Central Business District, Railroad Corridor Sub -district) Existing Land Use ............... Vacant previously occupied by a contractor's office Proposed Land Use .................... Farmer's Market. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. NE 5ih Ct m f l b � NE 5th 5t NE 4th St � o Cir _j NE rd 5t NE 3rd S ILL .� --NE 2nd t . _b .-_ NORTH ITEM BEFORE THE. BOARD The item before the Board is the approval of the following aspects of a Class III Site Plan Modification and Waiver request for the Bedner's Farm Market, at 381 NE 3r0 Avenue, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): ❑ Site Plan; ❑ Landscape Plan; ❑ Architectural Elevations; and ❑ Waiver BACKGROUND' The subject property measures 0.37 acres and is located at the southeast corner of NE 4th Street and NE Td Avenue, within the Pineapple Grove Main Street Redevelopment Area. The property consists of Lots 12 through 17 inclusive, Block 89, Resubdivision of the West Portion, Delray Florida according to the plat thereof recorded in Plat Book 13, Page 49, Public Records of Palm Beach County Florida. The property is improved and originally contained two buildings. The building at the north end of the site was recently demolished. The remaining building is located at the south end of the site and measures 3,588 square feet. The building was previously occupied Del Raton Air Conditioning, Inc. At its meeting of November 19, 2014, the Site Plan Review and Appearance Board (SPRAB) approved a Class III Site Plan Modification, landscape plan, and architectural elevations associated with the conversion of use from a contractor office to restaurant. Subsequent to the site plan approval, construction permits were issued for the proposed site improvements and construction of the parking lot has begun. The current request seeks approval for the following: • Change of use for the 3,788 square foot warehouse building to a farmer's market (retail); • Addition of a covered entry porch along the front (north) elevation consisting of a standing seam hip roof and Azek columns and brackets painted white; • Enclosure of a 200 square foot alcove on the east elevation with the stucco finish to match the existing building; • Remove the existing service and overhead doors and roll -up shutters on the east elevation and replace with a new roll -up door; • Installation of new, impact rated windows on the west and east elevations; • Remove the single door on the north elevation and replace with two new impact sliding doors; • Provision of miscellaneous site improvements required with the request such as compressors on the east site of the property, and planters between the covered porch and parking area-, and, • Color change to exterior walls from existing beige to a deep red. A waiver request has been submitted for the proposed covered entry porch on the front elevation. Pursuant to LDR Section 4.4.13(E)(4), Frontage Types, the maximum depth permitted for "Porches" is 12', whereas 16'1" are proposed. The Class III Site Plan Modification and Waiver request are now before the Board for approval. Site Plan Review and Appearance Board Staff Report: Meeting of 07/22/2015 Bedner's Farm Market, Class III Site Plan, Landscape Plan and Architectural Elevations Page 2 SITE PIAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. This site plan analysis is conducted in accordance with the new CBD Regulations: Regulating Plan Pursuant to LDR Section 4.4.13(B), Regulating Plans, Figure 4.4.13-7 - Railroad Corridor Sub- district Regulating Plan, the primary street is identified as NE 2nd Street for the north area. LDR Section 4.4.13(6)(1) states "Streets not designated as primary street are considered secondary street, which can accommodate service functions and vehicular -oriented development needs, including parking, loading and drive-through facilities. For purposes of this report and the development analysis, the requirements pertaining to parcels located on a primary street are not applicable to this development. LDR Section 4.3.4(n: Development Standards Matrix — Nonresidential Zoning Districts The standards listed below are required by LDR Section 4.3.4(x) Central Business District (CBD) zoning district and with LDR Section 4.4.13(D), Table (C), design guidelines for the CBD District -Railroad Corridor. * With respect to the development standards, the proposed development exceeds the maximum front setback and does not comply with the minimum rear or side street setback. The building is existing thus these noncompliant conditions are acknowledged as existing legal nonconformities. Required: Existing: Minimum Proposed: Lot Width 20ft 64.23' 64.23' Lot Area 2,000 sf 16,089sf 16,089 sf Height: -Building Number of stories 1 Story 1 Story (w/ mezzanine 1 Story Setbacks: -Building Front north 10' min115' max. 167.4'* 167.4' Rear (south) 10' 0.3'* 0.3* Side Street west 10' 9.65'* 9.65'* Side interior (along the alae 10` 10.2' 10.2' -Open Space: 0% 20.4% * With respect to the development standards, the proposed development exceeds the maximum front setback and does not comply with the minimum rear or side street setback. The building is existing thus these noncompliant conditions are acknowledged as existing legal nonconformities. Site Plan Review and Appearance Board Staff Report: Meeting of 07/22/2015 Bedner's Farm Market, Class III Site Pian, Landscape Plan and Architecturai Elevations Page 3 Building Height: LDR Section 4.4.13(D)(1)(a)(4), the ground story of commercial or mixed-use building shall be a minimum of 12 feet tall (measured from finished floor to finished ceiling). The existing building is 26'10' to the top of beam thus this requirement is met. Minimum Streetscape Width: Pursuant to LDR 4.4.13(E)(2)(a), The combination of public sidewalk (located within the right-of- way) and hardscape (located in the front setback and side setback areas facing a street) shall provide a minimum streetscape area no less than 15 feet in width, measured from the back of curb. The front setback area is located along the north property line adjacent to NE 41h Street. The site was previously approved prior to the adoption of the recently adopted CBD regulations and as the current construction costs exceed 25% cost of construction the approved site plan is vested. Therefore construction under the previously approved plan shall be allowed, except for those changes being requested with the current proposal which shall conform to the new CBD regulations adopted by Ordinance 02-15. This determination also applies to the requirement for the provision of a 15' streetscape which includes the 5' curb zone (within which street trees and utilities are to be placed), the 6' wide clear pedestrian zone and the remaining 5' which may be comprised of landscaping including removable planters, ground cover etc. Street Trees: Pursuant to LDR 4.4.13(E)(2)(b), street trees are intended to provide a shaded environment for the pedestrian, provide a physical separation between pedestrians and vehicles, and improve the overall visual appearance of the street. All new construction, building relocation or building addition equal to or greater than 20% of the gross floor area of an existing building shall install street trees at the time of development. Street trees shall be a canopy species, planted in the public right-of-way directly in front of the property line(s), uniformly spaced no greater than 30 feet on center. The proposed floor area addition of 200 sq, ft. does not require the provision of street trees pursuant to LDR Section 4.4.13(E)(2)(b)(1). However, with the previous site plan approval, street trees were proposed within the NE 3rd Avenue right-of-way. Shrubs and ground cover are also proposed within the Artists Alley right-of-way. The NE 3rd Avenue Beautification project is currently in the final design stages during which conflicts were discovered with respect to the location of the proposed water line and the previously approved street trees. Additionally, the proposed sidewalk which was to be accommodated within an easement within the subject property maybe relocated within the right- of-way. The proposed beautification project also includes the relocation of the FPL power lines and poles from NE 3rd Avenue to Artist Alley. In order avoid delays with the construction of this project, staff recommends that this request be approved with the condition that the location of the sidewalk and street trees are coordinated with the NE 3rd Avenue beautification project and approval granted by the City Engineer and Senior Landscape Planner for the location of the sidewalk and street trees. Building Entrances: Pursuant to LDR Section 4.4.13(E), the main entrance(s) to ground story commercial space(s) shall be directly from and face a public right-of-way or civic open space. The proposed main entrance on the north side of the building faces an open plaza which connects directly to the right-of-way, thus this requirement is met. Frontage Types: Pursuant to LDR Section 4.4.13(E)(4), frontage types are required to define architectural characteristics for the detailing of building entrances. The frontage types identified for Site Pian Review and Appearance Board Staff Report: Meeting of 07/22/2015 Bedner's Farm Market, Class III Site Plan, Landscape Plan and Architectural Elevations Page 4 commercial properties are, namely, porch, bracketed balcony, forecourt, storefront and arcade/colonnade. The proposed development has incorporated a defined architectural feature which clearly emphasizes the building entry. This architectural element exhibits characteristics of the porch frontage type. As this element was not included within the previously approved site plan, compliance with the dimensional requirements for porches as specified in Table 4.4.13(E) is required. Table 4.4.13(E) Dimensional Requirements for Porches Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 8 ft. 12 ft. C Width 40% Facade 100% Facade D Floor Elevation .5 ft. 4 ft. Allowable Encroachment' - 8 ft. May not encroach into the curb zone or pedestrian clear zone (See Section 4.4.13(E)(2)) The proposed porch exceeds the maximum depth of 12 feet as 16'1" is proposed. Additionally, an elevated floor is not provided as required (between 0.5 feet and 4 feet) above. While the provision of the elevated floor would conflict with the established grade of the plaza area and the parking lot which is under construction, staff acknowledges this as an existing non conforming situation. The applicant has submitted a request for a waiver to LDR Section 4.4.13(E)(4)(a), which requires a maximum depth for porches of 12% whereas 16'1"is proposed. Waiver Analysis Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Further, in addition to the findings in Section 2.4.7(13)(5), pursuant to LDR Section 4.4.13(K)(8)(b)(2), for properties within the CBD, the following standards shall be used by the City Commission when considering waiver requests; a. The waiver shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls; b. The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land; c. The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/ pedestrian master plan; and, d. The waiver shall not reduce the quality of civic open spaces provided under this code. Site Plan Review and Appearance Board Staff Report: Meeting of 07/22/2015 Bedner's Farre Market, Class III Site Plan, Landscape Plan and Architectural Elevations Page 5 The applicant has provided the following statement Relief to LDR Section 4.4.13(E)(4)(a) which required porches not to exceed 12' in depth, due to the unique site with an existing paved plaza the new tenant is requesting to extend the porch to 18'1 " in depth. Bedner's Farm Fresh Market would like the outdoor covered porch to mimic their existing store in West Delray and provide an outdoor display area for their fresh produce and a covered canopy for the entrance and exit. Per LDR Section 4.4.13(K)(8)(b)(2), this request would not diminish the character of the district, erode connectivity of the street and sidewalk or negatively impact adopted bicycle/master pedestrian plan or create an inferior pedestrian plan. The maximum limit of 12 feet was meant to keep the building closer to the street in order to maintain a streetscape relationship. However, the building as existing does not have any relationship to the street and the provision of the porch, even though it exceeds the maximum depth, strive to provide that relationship, rather than maintain the blank wall that is not inviting. The building sits approximately 167 feet from NE 4th Street. The increased depth brings the building closer to the NE 4th Street frontage which helps to promote the architectural presence adjacent to a large expanse of pavement. As the porch is located within the property and does not diminishes the streetscape, the granting of the waiver will not allow the creation of significant incompatibilities with adjacent properties nor will it erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/pedestrian master plan. The granting of the requested waiver to LDR Section 4.4.13(E)(4)(a) will not diminish the provision of public facilities or result in the grant of a special privilege. Based upon the above, positive findings with respect to LDR Section 2.4.7(6)(5) and LDR Section 4.4.13(K)(8)(b)(2) can be made. Civic Open Space: Pursuant to LDR Section 4.4.13 (D),Table 4.4.13(C), sites smaller than 20,000 sq. ft. located in the Central Business District (CBD), and which are part of the Railroad Corridor Sub -district are not required to provide civic open space. The subject property measures 16,089 sq. ft., and thus, requires 0% civic open space. Parking: Pursuant to LDR Section 4.4.13(I)(2)(a) and Table 4.4.13(x), the parking required for retail and commercial uses is one (1) space per 500 sq. ft. of gross use area. The proposed 3,788 sq. ft. retail building will require 8 parking spaces (i.e. 3,788 sq. ft. _ 500 =7.56 which is rounded down to 8 spaces). A total of 23 parking spaces are provided including a handicap accessible space and 7 compact spaces, thus this requirement is met. Handicap Accessible Parkin The Florida Accessibility Code for Building Construction and Federal ADA requirements for commercial properties require a number of parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces required. In short, the code requires 1 ADA compliant space per 25 spaces up to the first 100 spaces, plus an additional space per each 50 up to 200, etc. The project will provide 23 parking spaces, thereby requiring 1 ADA compliant space. The site plan shows 1 ADA parking space, thus meeting the code requirement. Loading: Pursuant to LDR Section 4.6.9 "Loading", retail stores having a floor of 3,000 to 10,000 sq. ft. shall provide one loading berth. The site plan indicates that loading will occur within Artists Alley. While the alleyways have primarily functioned in accommodating service activities, with the proposed beautification improvements to Artists Alley staff recommends that an alternate loading area be investigated and that a loading area be designated within the parking lot. Site Plan Review and Appearance Board Staff Report: Meeting of 07/2D201 5 Bedner's Farm Market, Glass III Site Plan, Landscape Plan and Architectural Plevations Page 6 Architectural Standards: Transparency: Pursuant to LDR Section 4.4.13(F)(3), building fagades facing streets or civic open spaces in the CBD District must have transparent windows covering between 20 percent and 75 percent of the wall area of each story as measured between finished floors. Transparency means non - solar, non -mirrored glass with a light transmission reduction of no more than twenty percent (20%). The west building fagade facing NE 3�d Avenue does not have any transparent windows and is non -conforming with respect to this requirement. The proposal will add 423 sq. ft. of transparent glass windows along NE 3`d Avenue and 216 sq. ft. along Artists Alley which reduces the existing nonconforming condition. SSign This site plan review includes the approval of the placement of a monument sign. The location of the sign meets the sign criteria for monument sign, however a separate sign application will have to be submitted for approval of the sign copy and sign dimensions. Refuse Enclosure: Pursuant to LDR Section 4.4.13(E) trash enclosures are not allowed within the commercial use streetscape area. The location of the trash dumpster depicted on the site plan along the alley r- ow on the east side of the property was previously approved. The solid waste disposal area has been adequately screened with landscape material and enclosed with a 6'- 8" high CMU wall with smooth stucco finish and chain link gate panels with fabric. Bicycle Parking: Pursuant to LDR Section 4.4.13 (1)(4) and Table 4.4.13(L), retail, restaurant and commercial uses shall provide 2 space per 1,000 sf of gross floor area. Based on a gross floor area of 3,588 sq. ft. 8 bike spaces are required. An eight space bike rack is provided within the plaza area, thus the requirement is met. However, given the location of the subject property within the Pineapple Grove area and adjacent to Artist's Alley, a more decorative bicycle rack should be provided. This recommendation has been added as a condition of approval. Outdoor Display: Pursuant to LDR Section 4.4.13(C)(4)(d), all uses must be conducted within the enclosed building except for outside storage approved pursuant to LDR Section 4.6.6(C)(2). Outdoor display areas are allowed but may not exceed 10% of the square footage of the interior of the building which contains the main use. On the site plan clearly delineate the limits of the area to be devoted to outdoor display. Any outdoor display area in excess of 10% of the interior building area will be required to be parked. This is noted as a condition of approval. Structures Allowed in setbacks: Pursuant to LDR Section 4.3.4(H)(4)(j) air condition units are allowed within the required building setbacks. The two proposed 7' 3" high compressors encroach within the required 10' side setback along Artist Alley. Prior to the certification of the site plan please provide manufacturing cut -sheet details of the proposed compressor units in order to determine the use area. This is noted as a condition of approval. It is also noted that the screening of the mechanical equipment is addressed under the landscape analysis portion of the report. Lighting_ A photometric plan addressing the illumination levels on the subject property has been submitted that includes both wall mounted and 24' high concrete site light poles fixtures. Pursuant to LDR Section 4.6.8(A)(3), the minimum Foot Candle (FC) standard illumination level for parking lots and building entrances required by the LDRs in Section 4.6.8 is 1.0 FC and the Site Plan Review and Appearance Board Staff Report: Meeting of 07/2212015 Bedner's Farm Market, Glass III Site Plan, Landscape Plan and Architectural Elevations Page 7 maximum illumination level is 12.0 FC. The minimum requirement of 1.0 FC has been met. The illumination level beneath the canopy complies with the minimum (3.0) and maximum (30.0) Foot Candle. Thus the requirement is met. Right -of -Way Dedications and Street Improvements - Right -of -way requirements were addressed with the previous approval and it was determined by the Development Services Management Group that a five foot wide sidewalk easement be dedicated along NE 3rd Avenue for the construction of a 5' wide sidewalk. This dedication of the sidewalk easement was approved by the City Commission on February 3, 2015. Site and Engineering Plan Preliminary Technical Items: While the revised site plan has accommodated most of the staff concerns, the following engineering technical items still remain outstanding and will need to be addressed prior to the certification of the site plan: Revise the notations on the site plan to accurately reflect the front setback as NE 4 t Street and note that a minimum setback dimension of 10 feet is required along all sides of the property. LANDSCAPE PLAN ANALYSIS Minor changes to the approved landscape plan internal to the site are proposed. Changes to the proposed trees located within the NE 3rd Avenue right-of-way may be made in concert with the proposed street beautification project. As the placement of the trees and sidewalk may be adjusted with the final design of the project, as noted previously, staff recommends that approval of the final location of the sidewalk and street trees be granted by the City Engineer and Senior Landscape Planner. Landscape Plan Technical Items: While the revised site plan has accommodated most of the staff concerns, the City Landscape Planner, the following landscape technical items still remain outstanding, shall be addressed prior to certification of the site plan: 1) Plant symbol "CE -7" is not shown in the plant list. Make sure this shrub species meets the height requirement for screening. 2) Per LDR 4.6.16(H)(3)(o), all mechanical equipment and refuse areas are required to be screened with plant material. The height of the plant material will be either half the height of the equipment to be screened or five feet, whichever is greater. Screen the dumpster and refrigeration equipment with plantings that meet the height requirement. - ►RCMITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18(B)(14) - Criteria for Board Action: The following criteria shall be considered by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. Site Plan Review and Appearance Board Staff Report: Meeting of 07/22/2015 Bedner's Farm Market, Glass III Site Plan, Landscape Plan and Architectural Elevations Page 8 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed exterior elevation improvements consist of the removal of two 8' wide by T6" high portions of the existing concrete block wall at the east and west ends of the front fagade and installation two new sliding impact glass door systems. The north elevation will feature new decorative light fixtures, an 11' high covered entry porch consisting of a standing seam hip roof and Azek columns and brackets painted white. The proposed design of the east elevation will feature the installation of three new impact clear anodized storefront windows, an 8' high roll -up door with a standing seam galvanized metal shed awning above the door. On the west building elevation, three roll -up shutters will be replaced by three new impact clear anodized storefront windows. The additional roll -up shutter being removed will be filled in with concrete and painted to match the building. The existing rain gutters downspout will remain. The building will be painted a bright deep red color. The current proposal significantly deviates from the previously approved modifications which altered the simple warehouse with the incorporation of modern geometrical design elements. The building itself does not presently have a distinguished architectural design style. The proposed exterior modifications are appropriate for the adaptive reuse of the warehouse into a market. The addition of the front entry porch provides an interest not previously seen on the site, yet is appropriate for the location and proposed use within the City's historic downtown (and across from a designated historic district), which historically was known for farming. In consideration of the criteria above, the proposed architectural elevations are deemed to be in conformity with good taste and design while contributing to the image of the City. The use of the deep red color, appropriate for the proposed farmer's market, with white accents creates a distinctive contrast and provides an attractive appearance for the building. However, the criteria require that proposals not materially depreciate the surrounding environment (Pineapple Grove area and Artist's Alley) in appearance and value. Therefore, consideration should be given to adding an appropriate elevation alteration such as a mural indicative of the proposed retail type, thereby combining the visions of both groups. The addition of such an appropriate mural would also lead to a harmony with the general area. In addition, the character of the east and west elevations could be further improved by the addition of hip -shaped window canopies with support brackets. This will assist in breaking up the large wall mass while complimenting the proposed design. Based on the above, positive findings can be made with respect to LDR Section 4.6.18(E), subject to the recommended revisions to the window canopies and wall murals. REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(G) (1) (c) Class III Site Plan Modification, a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1, and 3.2.3, as well as required findings of LDR Section 2.4.5(G) (5). LDR Section 2.4,5(G) (5): Site Pian Review and Appearance Board Staff Report: Meeting of 07/22/2015 Bedner's Farm Market, Class III Site Plan, Landscape Plan and Architectural Elevations Page 9 Pursuant to LDR Section 2.4.5(G) (5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The development proposal involves conversion of 3,788 square feet from the approved restaurant use to retail. Pursuant to LDR Section 2.4.5(G) (5), this minor modification does not significantly impact the previous findings. However, the applicable Future Land Use Map and Concurrency items as they relate to this development proposal are discussed below. Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD (Central Business District, Railroad Corridor sub -district). The CBD zoning district is consistent with the CC Future Land Use Map designation. Pursuant to LDR Section 4.4.13(A), retail uses including the sale of plants, vegetables, food meats etc. are allowed as a principal use in the CBD zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. LDR Section 3.1.1(B) - Concurrency: As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, solid waste and schools. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted. Future Land Use Element Policy C-3.4: The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. Opportunities to promote the area as a Arts District shall be emphasized. The Pineapple Grove Main Street Neighborhood Plan contains several design guidelines that address redevelopment efforts within this area. The following is an analysis of the applicable design guidelines: Street Furniture: Site Plan Review and Appearance Board Staff Report: Meeting of 07122/2015 Bedner's Farm Market, Class III Site Plan, Landscape Plan and Architectural Elevations Page 10 The Neighborhood Plan indicates that benches, trash receptacles and bollards are to be provided when the streetscape plans are formulated. Design for the abutting streetscapes are being addressed with the NE 3rd Avenue and Artists Alley beautification project. Future Land Use Element Objective A-7: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The following table identifies the zoning designations and uses that are adjacent to the subject property: The proposed farmers market will help to foster additional economic activity within the Pineapple Grove Main Street area and will be complimentary to adjacent land uses. Housing Policy A-11,3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the conversion of this existing building into farmers market will aid in the economic stability of the Pineapple Grove Main Street area. The adaptive re -use of the building to retail will also improve the safety of the area with the introduction of day and evening use activities. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. LDR Section 2.4.5(F) 5 - Compatibility Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. With respect to the uses, compatibility is not a concern. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown as a whole will benefit by the change of look from a non -descriptive building and the inclusion of a renovated structure. Based on the above, a finding can be made that the proposed Zoning; Use.- se.North North RO Residential office Vacant South CBD Central Business District) Railroad Corridor Sub -district Vacant East CBD (Central Business District) Railroad Corridor Sub -district Multi -tenant industrial and retail buildings West CBD(Central Business District) Railroad Corridor Sub-districtparking Two office buildings and a public lot The proposed farmers market will help to foster additional economic activity within the Pineapple Grove Main Street area and will be complimentary to adjacent land uses. Housing Policy A-11,3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the conversion of this existing building into farmers market will aid in the economic stability of the Pineapple Grove Main Street area. The adaptive re -use of the building to retail will also improve the safety of the area with the introduction of day and evening use activities. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. LDR Section 2.4.5(F) 5 - Compatibility Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. With respect to the uses, compatibility is not a concern. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown as a whole will benefit by the change of look from a non -descriptive building and the inclusion of a renovated structure. Based on the above, a finding can be made that the proposed Site Plan Review and Appearance Board Staff Report: Meeting of 07/22/2015 Bedner's Farm Market, Class III Site Plan, Landscape Plan and Architectural Elevations Page 11 development will be compatible and harmonious with adjacent and nearby properties and the properties will not experience a depreciation of property values. ' REVIEW BY OTHERS Communitv Redevelooment Area (CRA Due to the revised meeting schedules, the CRA meeting will occur after the SPRAB action. However, input has been provided on the proposal by the CRA staff, and coordination with respect the streetscape improvements are on-going. Pineapple Grove Main Street Committee _(PGMS): As the current development proposal primarily involves changes to the architectural elevations input was sought from the Pineapple Grove Architectural Design Committee which offered the following comments: That the building is located at the north entrance to the Pineapple Grove Main Street District and is not in keeping with the vision for the area. Thus the following recommendations are made: 1. That the entire building will be painted, including the south elevation. 2. That the covered porch (canopy) is redesigned to provide a more pronounced architectural feature by increasing the height of the canopy and utilizing longer brackets. 3. That the canopy element is continued on the east and west sides of the building with the provision of awnings similar in style to the canopy with the brackets above the storefront windows. 4. Recommend the use of artistic expressions (muralslgraphics) along the blank wall facades. 5. indicate the proposed loading area, Pineapple Grove Design Architectural Committee does not recommend the use of Artists Alley for loading activities. 6. That a solid screening be provided for the mechanical equipment along the east side of the site and suggests that such screening could be embellished with art work. 7. That the surface material of the plaza is indicated on the site plan. 8. That a decorative bike rack is provided. Downtown Development Authority (DDA): At its meeting of July 13, 2015, the Downtown Development Authority (DDA) reviewed the development proposal and unanimously recommended approval of the site plan. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: ➢ Delray Citizens Coalition ➢ Pineapple Grove Association ➢ Del -Ida Homeowners Association Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. Site Plan Review and Appearance Board Staff Report: Meeting of 07/22/2015 Bedner's Farm Market, Class III Site Plan, Landscape Plan and Architectural Elevations Page 12 ASSESSMENT AN© -CONCLUSION The proposed farmer's market is consistent with the zoning and FLUM designations of the subject property and will aid in the revitalization of this area Pineapple Grove Main Street district. Positive findings can be made with respect to Concurrency and Comprehensive Plan consistency as well as the specific findings required by LDR Section 2.4.5(G) (5), provided the conditions of approval are addressed. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the waiver request, Class III site plan, landscape plan, and architectural elevations for Bedner's Farm Market, 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 LDR Sections 2.4.7(B)(5) and 4.4.13(K)(8)(b)(2) and LDR Sections 2A.5(G)(5), 4.6.16 and 4.6.18(B)(14), and Chapter 3 of the Land Development Regulations, subject to conditions. By Separate Motions: Waiver: Recommend approval to the City Commission for the waiver to LDR Section 4.4.13(E)(4)(a) to allow the depth of the covered porch to extend 16' V whereas a maximum depth of 12' is allowed. Class 111 Site Plan: Move approval of the Class III site plan for Bedner's Farm Market, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4,5(G)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1, That prior to the certification of the site plan the conditions listed below shall be addressed: That four (4) copies of the revised plans are submitted addressing all conditions of approval and engineering technical items contained in the staff report. That a letter from Palm Beach County the Traffic Engineering Division is provided indicating that finding of concurrency has been made for the proposed development. Site Plan Review and Appearance Board Staff Report: Meeting of 07/22/2015 Bedner's Farm Market, Class III Site Plan, Landscape Plan and Architectural Elevations Page 13 iii. That the limits of the outdoor display area are clearly delineated on the site plan. If the outdoor display area is in excess of 10% of the interior building area the excess display area will be required to be parked. iv. That the location of the proposed sidewalk and street trees are coordinated with the NE 3`1 Avenue beautification project and final approval granted by the City Engineer and Senior Landscape Planner. V. Submit revised engineering plans to reflect the final the location of the sidewalk and all proposed improvements. vi. That manufacturing cut -sheet detail of the proposed 7' 3"compressor units located within the side setback along Artists Alley is provided. vii. That a separate sign application is submitted for the business sign. viii. That a decorative bicycle rack be provided. ix. That the pavers be utilized as the surface material of the plaza. X. That an alternate loading area is investigated and that a loading area is designated within the parking lot. Landscape Plan: Move approval of the landscape plan for Bedner's Farm Market, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in LDR Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. That prior to the certification of the site plan the conditions listed below shall be addressed: i. That four (4) copies of the revised plans are submitted addressing all conditions of approval and landscape technical items as indicated and contained in the staff report. ii. If the street trees are relocated, submit revised landscape plans to reflect the final the location of the trees within the right-of-way. Architectural Elevations: Move approval of the architectural elevations for Bedner's Farm Market, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(6)(14) of the Land Development Regulations with the following conditions: That prior to the certification of the site plan the conditions listed below shall be addressed: i. That the architectural elevation plans shall be revised to install window awnings similar to the standing seam hip roof canopy with brackets on the east and west sides of the building. ii. That wall murals/graphics be added on the building facade iii. That solid screening be provided for the mechanical equipment along the east side of the site. Staff Report Prepared by: Jasmin Allen, Planner Attachments: Appendix `A"; Site Plan; Landscape Plan, Architectural Elevation, Floor Plan, Photometric. APPENDIX "A"... CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water is available via a lateral connection to an existing 2" water main located along NE 3rd Avenue right-of-way. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within NE 3rd Avenue right-of-way. Adequate fire suppression will be provided via an existing fire hydrant located approximately on the north side of NE 4 t Street directly across from the subject property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been submitted by the applicant. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The proposed farmers market will generate 19.31 tons of solid waste per year (3,788 x 10.2 = 36,597lbs/2,000 = 19.31 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2048, thus a positive finding with respect to this level of service standard can be made. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system. There are no problems in complying with South Florida Water Management District (SFWMD) requirements. The proposed drainage system has been approved and the site is under construction. Schools: The project contains no residential component. 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II II � II li SII I NII I li�'ti III SII N I` Iil +^ �i 01 � °; III :I LI ,li I I I'I III � Ili ill I� I.m 11 II {Nli III +'-�Ilh i 1 ! , -I � —/� +� ♦ +N srl i i 1 II I I I t I } m lil it ��°il � i ill I I III II I I��.a I +n III I� a� II III �n II I .'tl I •�+ IIII II IJ 1- I I I IL— e 1 MEN I I I I 9 Ila � N I I 7 .-V ri ra I i I1 I I II I I I 1 I I I I I 1 Il II 1�1 _ j i 'i SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH REGULAR MEETING Agenda Item IXA from 7122115 Bedner's Farm Market 381 NE 3rd Avenue Candi Jefferson, Senior Planner, prese report and entered file 2015-179 into the i Exparte Communication - None. a review of the staff Applicant's Presentation George Brewer, George Brewer Architecture, 85 SE 4th Avenue - This project came before you previously as a restaurant but evaporated, but now we have a new tenant who is going to be a great addition to the whole neighborhood. Bedner's is a fresh farm market and it is a five generation business. They actually farm the food they are going to be selling in the store. Eighty percent of the food they grow will be sold in the store. Bedner's is quite popular and they have a store already out on Highway 441, so despite the way the parking numbers work on paper, that is not reality. We will need all of the parking that is there, that is a fact. We did propose a loading zone originally in our first submittal when this came before you as a Class III. It was in the alley and was an indented loading area and that got shot down by staff and particularly by landscape. They don't have semi -trucks, they use box trucks. They do all of their deliveries in the morning, when the vegetables come in off the farm and brought into the store and walk- in cooler. Therefore, loading is not really going to be an issue for them. They can use the drive aisle. There is some room on the alley where they can quickly unload and get the product into the building. If we did unload in the parking lot, we would still have to wheel the product all the way around to where the receiving door is, which is in the back by the air conditioning equipment. I don't know if that makes a whole lot of sense. It would take a guy forever to unload. I know Pineapple Grove Arts District has reviewed this building and yes, it is still a blank canvas. The owners are working with various artists to try and come up with a scheme that wraps the entire building in something that is more appropriate. I do have some graphics if you will allow me to share these with you. (Mr. Brewer previewed some ideas on the screen.) Regarding the recommendations from Pineapple Grove Main Street Committee, (recommendations listed below taken from staff report for reference) 1. That the entire building will be painted, including the south elevation. 2. That the covered porch (canopy) is redesigned to provide a more pronounced architectural feature by increasing the height of the canopy and utilizing longer brackets. 1 Bedner's Farm Market July 22, 2015 SPRAB BOARD Meeting 3. That the canopy element is continued on the east and west sides of the building with the provision of awnings similar in style to the canopy with the brackets above the storefront windows. 4. Recommend the use of artistic expressions (murals/graphics) along the blank wall facades. 5. Indicate the proposed loading area, Pineapple Grove Design Architectural Committee does not recommend the use of Artists Alley for loading activities. 6. That a solid screening be provided for the mechanical equipment along the east side of the site and suggests that such screening could be embellished with art work. 7. That the surface material of the plaza is indicated on the site plan. 8. That a decorative bike rack is provided.) Mr. Brewer stated, I know the waivers are being supported but I have some issues with some of the items. The first item is regarding the entire building being painted. So I'm showing you what's coming before you. It's going to be something along those lines. Number two is concerning the porch and canopy. I don't want to increase the height because it is proportional to the building. Despite this rendering, the actual height is appropriate so I would like to not have to do number two. Number three, we don't want to put up brackets because that will interfere with the mural that is going to come before you. Number four, yes, we agree to. Number five is about the proposed loading area. Again, that is going to be a problem and we are just going to have to deal with it. I don't want to have a designated loading area. They know how they can work around it. We will do the solid screening (Number six) around the compressors that I showed that to you in the previous rendering with the grass. We have already drawn it in. Number seven, dealing with the surface material, it is already permitted and it is the same City standard pavers. Finally, in regards to the decorative bike rack, we have already hired an artist to make a rack that will hold eight bikes. I forget if it is beets or one big, long carrot but it is appropriate and artistic. Public Comments Gene Fisher, Pineapple Grove Arts District - A lot of these are going to become moot points with the board. When this was presented to us, this is what we saw. (Motions to earlier computer screen.) It does look like it belongs out on Highway 441 but it doesn't look like it belongs in the Arts District. It is at an entrance to the Arts District that straddles NW 3rd and the alleyway. I have since seen those graphics in George's (Brewer) office but it has not been presented to our board. The reason for bringing those awnings around was to break up the block wall. With the graphics, we like it, so again, I think a lot of this is moot. One of the things we don't see here is lighting. I understand there is a lighting package but we haven't seen it. I think the applicant needs to have a sense of place as to where it is going. It's not a barn and a barn doesn't belong there. Board Comments Michael Dutko - Mr. Chair, Mr. Brewer addressed the conditions that were listed by Pineapple Grove, not all of those were conditions that were incorporated into your recommendations. So I'm trying to go through and mark off the ones that there might be an issue with. Jose Aguila - Numbers two, three and five are the items they have an issue with. 2 Bedner's Farm Market July 22, 2015 SPRAB BOARD Meeting Michael Dutko - Yes, but not all of those are incorporated into the conditions that are recommended. Jose Aguila - Correct, in fact most of them are not. Michael Dutko -You have to remember that you can't just add conditions because you think it is a good condition. You are statutorily restricted to the types of conditions you can apply to an approval. Jose Aguila - I understand. Terra Spero - Looking at page six, the loading is my biggest concern. I have a hard time looking at the alley because it is small and it is not a right of way. There is only one in and out for that road. I agree with Pineapple Grove. I also have had a chance to speak with staff about this and by putting a door on the alley, that's going to allow every box truck pulling up next to that door even if we say "no loading in the alley." Is there a reason you can't flip the door to the other side? George Brewer - Yes, there is a grade difference between 3rd and 4th of two and a half feet. Right now we have steps going down the plaza going down to 3rd. The alley is flat with the building but 3rd Avenue is not. Terra Spero - So there is too much of a grade to put a ramp? George Brewer - Yes, and there are catch basins and drainage. One of the other issues is that the CRA (Community Redevelopment Agency) is doing their beautification of 3rd and they are going to be landscaping and also putting in a sidewalk. The CRA is working with engineering and I don't know when that will be resolved. Terra Spero - The CRA is also looking into putting in parallel parking right there correct? George Brewer - The last plan I saw showed no parallel parking. Thuy Shutt, Community Redevelopment Agency - There will be some parallel parking but not at this exact location. It will be around mid -block. Terra Spero - So the only thing that will be here will be the sidewalk, the grass or plants you that showed in the landscape plans. Thuy Shutt - Engineering is looking at whether or not the sidewalk that will be constructed for our beautification project, will be within the applicant's property and sidewalk easement or in the right of way. So that is to be debated with the engineering department. Terra Spero - They have an existing non -conformity of glass along NE 3rd and they are trying to reduce the non -conformity. What will the new percentage be? Bedner's Farm Market July 22, 2015 SPRAB BOARD Meeting Candi Jefferson - Along NE 3rd Avenue they are providing 423 square feet. That is equivalent to 20.33% and where the 216 square feet is proposed, which will reduce the existing non -conformity condition to 10.3% so they are closer to the requirement, but not quite meeting it. Terra Spero -The only other question I have is, have you talked about using compactors? Lane Brooker, Bedner's Farm Market -Part of our plan is to haul that as our backhaul to our current location where we compact all of the garbage and all of the food waste that goes to compost. Jim Knight - The alleyways off of Atlantic are used all of the time for loading and so forth. I think it's actually a better spot to be loading from. There's no question about it, Bedner's packs them in out west. I don't know if it's a similar concept here or not but every parking space is going to be needed. I think this use is a very good use from the standpoint of bringing other people to this area. One of the things I was talking about earlier today is that a lot of people don't know where Artists Alley starts, ends or is. People will know once they open up so I'm very supportive of this project. Roger Cope - I totally agree with staff and I'm in support of this. Alice Finst - Are you having real windows? George Brewer - Yes, they are real windows. James Chard - I think it is awesome for Bedner's to be in Delray. Big trucks are in the alley loading all the time. I think it makes sense. Andrew Youngross - I think what they have is fine. Jose Aguila - How do we know George, that the items we've discussed, such as the leaves and the peeking bugs and special bike rack, will become real? Can we add a motion that commits you to them so we know that is what you intend to do? George Brewer - Yes, that is acceptable. Motion to approve to City Commission the Waiver request was made by Andrew Youngross and seconded by James Chard to allow the depth of the covered porch to extend 16'1" whereas a maximum depth of 12' is allowed. MOTION CARRIED 7-0. Motion to approve the Class III Site Plan made by Andrew Youngross and seconded by James Chard subject to the conditions in the staff report and with the following added condition: • 1-10 as stated, without #3 & #10 MOTION CARRIED 7-0. 4 Bedner's Farm Market July 22, 2015 SPRAB BOARD Meeting Motion to approve the Landscape Plan was made by Andrew Youngross and seconded by Terra Spero. MOTION CARRIED 7-0. Motion to approve the Architectural Elevations was made by Andrew Youngross and seconded by Terra Spero, subject to the conditions in the staff report and with the following added condition: • Items #2 and #3, as stated • Delete #1 MOTION CARRIED 7-0. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal Krejcarek, P.E., Environmental Services Director John Morgan, Interim Deputy Director Public Works THROUGH: Donald B. Cooper, City Manager DATE: July 24, 2015 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 RESOLUTION NO. 48-15/BEST INTEREST RESOLUTION - CONSERV BUILDING SERVICES BACKGROUND Consider a motion to approve Resolution No. 48-15 for the upgrade and replacement of the Air Conditioning equipment (Unit #6) used in the Chiller System located at City Hall to ConSery Building Services, in the amount of $31,550.00. ConSery Building Services is the City's current vendor under contract to perform monthly preventative maintenance to the Chiller Systems at City Hall and the Library. This one year agreement was executed on December 4th, 2014 (Bid No. 2014-43) and ConSery was the only bidder to responded. Unit #6, which dehumidifies and cools the fresh air from outside before it is brought into the air handlers, is in the attic at City Hall and has deteriorated over time and needs to be replaced. The replacement unit must be properly interfaced with the existing energy management system, known as a tracer system. The maintenance of the tracer system is under the monthly contract currently held by ConServ. To maintain continuity and responsibility with a singly vendor, staff recommends this work be performed by Conserv, our preventative maintenance vendor. As this replacement is outside of the scope of the existing contract, staff is recommending ConSery be utilized as they currently hold the maintenance and repair contract for this equipment; they have been the sole vendor maintaining the Chiller System for the last ten (10) years. It would not be in the City's best interest to have another contractor working on the system, which involves complex controls of the building's energy management system. This request for consideration is in compliance with the Code of Ordinance(s), 36.02(C)(11); Best Interest Acquisitions. Attachments include: 1) Proposal from ConSery Building Services 2) Best Interest Resolution #48-15 FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Recommend approval of Resolution No. 48-15 to award the repair and replacement of the Air Conditioning equipment used in the Chiller System located at City Hall to ConSery Building Services, in the amount of $31,550.00. TIMING OF THE REOUEST FUNDING SOURCE Funding will be provided from building maintenance, account number 001-3431-519.46-10. RECOMMENDATION By motion, approve Resolution No. 48-15 to award the repair and replacement of the Air Conditioning equipment used in the Chiller System located at City Hall to ConSery Building Services, in the amount of $31,550.00. Conserv OilBuilding Services A BCH Mechanical Inc. Affiliate Presented To: City of Delray Beach Project: City of Delray Beach Address: 100 NW 1St Ave City: Delray Beach, Florida Attn: Clayton Gilbert Subject: Remove and replace fresh air intake unit #6. Scope of Work: • Disassemble and remove fresh air intake unit #6 • Disconnect and remove unit frequency drive. • Disconnect and remove all controls to unit 6. • Completely disassemble new air handler and move to attic. • Re -assemble air handler and set in place. • Measure, fabricate and install new duct transitions. • Install new chilled water and shut off valves. • Insulate all chilled water piping. • Install and program new Trane controller. • Install and program new Honeywell frequency drive. • Perform start-up, system check and verify proper operations. Qualifications/ Clarifications HVAC Replacement Proposal • All work will be performed during regular business hours. • Engineering and design not part of this proposal if required • ConSery not responsible for unforeseen circumstances beyond ConServ's control • Facility can be with -out sufficient cooling through -out duration of Job This Proposal will be honored for 90 days Submitted by ConSery Buildina Services Name: Tom Cooprider Title: Service Manager Proposal # A072315TEC-1 Signature 6354118 th Ave N. Largo, Florida 33773 FAX (727) 544-1924, Dispatch (800) 940-3241 Date: 07/23/2015 Proposal #:A072315TEC-1 Total Base Cost ...........$31,550.00 Customer Acceptance City of Delray Beach Name Title Signature or P.O. Date: State Wide Service Air Conditioning, Refrigeration, Electrical & Plumbing RESOLUTION NO. 48-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE REPAIRS MADE BY CONSERV BUILDING SERVICES ARE IN THE BEST INTEREST OF THE CITY. WHEREAS, the City Commission of the City of Delray Beach recognizes that there is an annual preventative maintenance contract on the City's chiller system with ConSery Building Services; and WHEREAS, City Commission approved the preventative maintenance contract with ConServ; and WHEREAS, the maintenance contract was executed on December 4t", 2014, for a one (1) year contract, Bid No. 2014-43; and WHEREAS, the City Commission recognizes the importance of maintaining and replacing the Cities equipment to prevent unexpected failures; and WHEREAS, ConSery Building Services was successfully awarded the contract for maintaining the Chiller System for over ten (10) years; and WHEREAS, ConSery has the ability to integrate the chiller equipment with the computerized air conditioning management system; and WHEREAS, it will be in the City's best interest to continue to have one (1) vendor work on and provide service to the chiller to maintain continuity and responsibility with a single vendor; and WHEREAS, the cost of the upgrades are $31,550.00; and WHEREAS, this request is in compliance with the Code of Ordinance(s), Chapter 36, Section 36.02 (C) (11); Best Interest Acquisition. WHEREAS, this request is in compliance with the Code of Ordinance(s), Chapter 36, Section 36.03 (A); Acquisitions of $25,000 or greater. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. The City Commission recognizes the existing contract with ConSery Building Services, and recognizes the importance of maintaining equipment and preventing unexpected failures. Section 2. The City Commission approves the funding of the replacement equipment in the amount of $31,550.00 Section 3. All expenditures will be only be awarded following authorization by the City Commission. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on the day of 12015. Cary D. Glickstein, Mayor ATTEST: City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Randal Krejcarek, Environmental Services Director John Morgan, Interim Deputy Director Public Works Kevin G. Rumell, Fleet Superintendent THROUGH: Donald Cooper, City Manager DATE: August 4, 2015 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 RESOLUTION NO. 56-15/ BEST INTEREST RESOLUTION - ED MORSE CADILLAC BACKGROUND The Fleet Division is requesting approval of Best Interest Resolution No. 56-15, to make payment to Ed Morse Cadillac in the amount of $5,112.98 for collision repairs made to Delray Beach Police Car #1903. Ed Morse Cadillac was assigned the collision repair job to Police Car 1903 on June 5, 2015 with an initial repair appraisal of $1,613.13. A subsequent appraisal supplement dated June 8, 2015 for hidden damages discovered after repairs had been initiated, included $3,215.62 in additional costs, bringing the repair total to $4,828.75. A second appraisal supplement dated June 24, 2015 included $284.23 in additional repair costs bringing the total repair cost to $5,112.98. To date this fiscal year, the City has paid Ed Morse Cadillac $20,978.43 for multiple collision repairs. Fleet Division is requesting approval of a Best Interest Resolution, to make payment to Ed Morse Cadillac for these repairs, in an amount that will not exceed $30,000.0 for this Fiscal year. This request for consideration is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(11), 'Best Interest Acquisitions". Summary of Attachments: Best Interest Resolution Ed Morse Cadillac Invoice 1903 Vehicle Evaluation PDA Appraisal 6-6-15 PDA Sl Supplement 6-8-15 PDA S2 Supplement 6-24-15 DISCUSSION Consider approval of Best Interest Resolution No. 56-15, authorizing payment to Ed Morse Cadillac for repairs to Police Car 1903, in the amount of $5,112.98. TIMING OF THE REOUEST To expedite payment of repair costs before close of the fiscal year, immediate approval is requested. FUNDING SOURCE Funding available from Fleet Acct. Code 501-3311-591-52.52. RECOMMENDATION Through a motion, approve Best Interest Resolution No. 56-15, authorizing payment to Ed Morse Cadillac for repairs to Police Car 1903, in the amount of $5,112.98. RESOLUTION NO. 56-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING ACQUISITIONS WITH ED MORSE CADILLAC 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 ED MORSE CADILLAC ARE IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. 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, Ed Morse Cadillac has agreed to complete repairs based at a cost not to exceed the cost estimate provided by the independent insurance adjuster; and WHEREAS, Ed Morse Cadillac is a local business; and WHEREAS, Ed Morse Cadillac , 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 Ed Morse Cadillac was $7,409.29; and WHEREAS, the cumulative multiple expenditures to date for Fiscal Year 2015 with Ed Morse Cadillac has reached $20,978.43; 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), "Multple Acquisitions from Vendor Exceeding x`25,000 in Any Fiscal Year'; and WHEREAS, City of Delray Beach Fleet Maintenance Department received Police vehicle 1903 with rear collision damage on May 26, 2015, and the preliminary repair appraisal received from Property Damage Appraisers, the independent insurance adjuster for automobile damages on June 6, 2015 quoted a repair cost of $1,613.13; and WHEREAS, City of Delray Beach Fleet Maintenance Department initially assigned the repair job for Police vehicle 1903, to Ed Morse Cadillac, and after dis-assembly substantial hidden damage was discovered beneath the rear bumper; and WHEREAS, City of Delray Beach Fleet Maintenance Department received two supplemental repair appraisals from Property Damage Appraisers; one on June 8, 2015 awarding an additional $3,215.62 in repairs, for a total of $4,828.75, and a second one on June 24, 2015 awarding an additional $284.23 for a final total of $5,112.98; and WHEREAS, City of Delray Beach Fleet Maintenance Department seeks approval to make payment to Ed Morse Cadillac for repairs to Police vehicle 1903 in an amount of $5,112.98, 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 Ed Morse Cadillac, in accordance with City's Code of Ordinances Chapter 36, Section 36.03(B), "Multple Acquisitions from Vendor Exceeding x`23,000 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. 2 Res No. 56-15 Section 3: This Resolution shall take effect PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of , 2015. MAYOR ATTEST: City Clerk Res No. 56-15 CUSTOMER #: 107401 I V E D RA. ��' 5 2015 128891 INVOICE CITY OF DELRAY BEACH FLdibEET KINNT, 100 NW 1ST AVE DELRAY BEACH, FL 33444-2612 PAGE I HOME:561-243-7332 CONT:561-243-7332 BUS: 561-243-7000 CELL: SERVICE ADVISOR ED MORSE DELRAY BEACH 2300 S, Federal Highway Delray Beach, FL 33483-3239 (561) 276-2441 Toll Free: (800) 737-1182 MV 05911 883 DENNIS R RUGGIERO WHITE 091 FORD CROWN VTCTORlA--[--2FAHL)7lvo9XlO25031 XB7848 I 75062 75062 TB5734 [SEL . ..... .. .. .. .. i,. wARREXP.:�::::�::: PROMISED. ED RATE PAYMENT:::��i� ........ .. 01JAN09 IS 01JAN09 DE01JAN09 09:36 10JUN15 2210 130JUN15 N'Qrs: OPTIONS:..I. ' EN�5 Liter . ;. :OPE 1." Q ct 0--�, 10:40 08JUN15 115:09 30JUN15 I � LINE OPCODE TECH TYPE HOURS LIST NET TOTAL A REPAIR AS PER EST RT REAR BUMPER CL#1903 BODYEST REPAIR PER BODY SHOP EST 9958 CBM 1201.20 1201.20 1 6W7Z17K835ACP COVER 509.03 509.03 509.03 DLM,233681,74706 I F8AZ5411250AA EXT 78.25 78.25 78.25 DLM,233689,74707 I 6W7Z5427840A PANEL 2061.57 2061.5; 2061.57 DLM,23S877,74732 1 F2MY5442404A MLDG 131.85 131.85 131.85 DLM,236750,74844 -------- 1 1W7ZS4.!Q1P6 �-,MLW` - .. .. ..... ....... .... ... 9.7} 139.78 139.78 - Z_ DLM,2410 75 796 S SUBL 1#130145 P4 86`2 '�'AGS PO#74862 'Aw N RE C ...�.�.,ann-gE n.-'30 m, - �.00 132.00 . ............. . PARTS: 2920.48 -M-A"s n PIV, 0 Q'g X-0 42S3.68 �Z � 21, 0 �`QT, - �V*; iVII B BODY PAINT n-� BODYPNT BODYDY PAI�Y�• RXX 12042 CBP 457.80 457.80 MISC PAINT AND MATERIALS CMAT 302.27 302.27 PARTS: 0.00 LABOR: 457.80 OTHER: 302.27 TOTAL LINE B: 760.07 YOU MAY RECEIVE A SURVEY FROM CADILLAC FOR THIS SERVICE VISIT. THIS SURVERY IS A MEANS CADILLAC USES TO GRADE THE SERVICE I HAVE PROVIDED TO YOU. IT IS MY REPORT CARD. IT IS NOT MEANT TO JUDGE CADILLAC OR THE PRODUCT. IF FOR ANY REASON YOU CAN NOT ANSWER THE SURVEY "COMPLETELY SATISFIED" PLEASE C.AT.T. MP. WARRANTY STATEMENT AND DISCLAIMER; PLEASE SEE THE DEALERSHIP'S LIMITED WARRANTY ON THE REVERSE SIDE OF THIS REPAIR INVOICE. By signing below, you acknowledge that you were notified of and authorized the Dealership to perform the services/repairs itemized a-"-' --"-u-a r7o 0 - "' of the total Te'. 178labor d. not to .,,,ee h Riap�,, Order. d $44.95, p This charge represents costs and profits to the motor vehicle repair facility for miscellaneous .9,01P supplies and waste disposal. The State of Florida requires a $1.00 fee to be collected for each now tire sold LABOR AMOUNT 1659.00 PARTS AMOUNT 2920 .48 GAS, OIL, LUBE 0 00 SUBLET AMOUNT 132 00 MISC. CHARGES 302.27 in this Invoice and that you received for had the opportunity to inspect) any replaced parts as requested by you. The vehicle is being returned to you in exchange for your payment of the Amount Due. in the state ts.403.718i,and a $1-50 fee to be collected or each h , new or remanufactured battery sold in the state [s.403.71851. TOTAL CHARGES 5013 75 ALL PARTS ARE NEW UNLESS OTHERWISE INDICATED. LESS INSURANCE 0 00 SALES TAX 0 .00 DATE CUSTOMER SIGNATURE AUTHORIZED DEALERSHIP REPRESENTATIVE SIGNATURE PLEASE PAY THIS AMOUNT . .. .. .. .. ... .. .......... .. CUSTOMER COPY D691-erCAP@2006 AUP 1091001 SERVICE INVOICE TYPE 2 - 612C - "LIMITED WARRANTY- - FLO81DA - 969802.3 Line Item 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 Date: 6/6/2015 10:02 AM Estimate ID: 9616060051 Estimate Version: 0 Commuted 9816060051 Profile ID: City of Delray PROPERTY DAMAGE APPRAISERS (PDA WEST PALM BEACH) PO BOX 6024, Lake Worth, FL 33466 (661) 366AO88 Fax: (866) 764-li41 Email: pdakyestpaimboaoh@pdaorg.net *Hot An Authorization For repair* Read disclaimers following appraisal calculations. Damage Assessed By: John Lilley Classification: Field Condition Code: Good Contact Date: 6/512015 Deductible: 0.00 File Number: 9816060051 Claim Number: 1903 Appraised For. ROBIN COX (661)243-7151 Type of Loss: Colliston Date Assigned 6!512016 Insured: CITY OF DELRAY BEACH Owner: CITY OF DELRAY BEACH Address: 100 NW IST AVE, DELRAY BEACH, FL 33444 Mitchell Service: 910026 Description: 2009 Ford Crown Victoria Police Body Style. 4D Sed 114" WB Drive Train: 4.6L ln) 8 Cyl 4A RWD VIN: 2FAHP71V09X102603 License: XB7848 FL Mileage: 77,000 OEMIALT: O Search Code: 981 Color: Marked Options: POWER WINDOW, POWER STEERING, POWER BRAKE, TILT STEERING COLUMN, FM RADIO AUTO AIR CONDITION Entry Labor Labor Units Line Item Number Type Operation Description 000881 BUY REPAIR R Quarter Outer Panel INC # Inc Stripe removal 67.70 ' REF REFINISHIREPAIR R Quarter Outer Panel 0.4 MODIFIED REFINISH WITH FULL CLEAR COAT 000869 BUY REMOVEIINSTALL R Quarter Exhaust Vent AUTO BUY REMOVEIINSTALL Rear Bumper Cover 900500 BDY REMOVEIREPLACE Quarter panel Decales Inc DUI 001784 BUY REMOVEIINSTALL R Rear Combination Lamp AUTO BUY OVERHAUL RearSumperAssy 003384 BUY REMOVEIREPLACE Rear Bumper Cover AUTO REF REFINISH Rear Bumper Cover 900560 BUY " REMOVEIREPLACE CAR COVER 936012 ADD'L COST Hazardous Waste Disposal 936014 ADD'L COST Flex Additive 933006 FRM' ADD'L OPR FR AMEIRACK SET UP Floor set-up 933036 FIRM ADD'L OPR SHEETMETAL PULL AUTO REF ADD'L OPR Clear Coat 933005 BUY ADD'L OPR Restore Corrosion Protection AUTO ADD'L COST PaintlMaterials ESTIMATE RECALL NUMBER: 0610612016 10:02:51 9816060061 Mitchell Data Version: OEM: MAY_16_VO604 Copyright (C) 1994 - 2015 Mitchell International Software Version: 7.1.177 All Rights Reserved Part Type! Part Number Dollar Amount Labor Units Existing 8.0' d C 2.2' Existing 0.2 Nr INC # New 67.70 ' 1.0' 0.4 1.8 # 6W7Z 17K835 APTM $09.03 INC p C 2.8 New 10.00 ' 0.01 3.00 9.00 " 1.0* 1.6 10.00 0.3` 156.00 Page 1 of 4 Date: 6/612016 10:02 AM Estimate to: 9816060061 Estimate Version: 0 Committed Labor Profile ID: City of Delray * - Judgment Item # - Labor Note Applies C - Included in Clear Coat Calc r - CEG R&R Time Used For This Labor Operation The following collision repair facilities have agreed to perform repairs to vehicles and equipment owned and operated by the City of Delray Beach, at the prices quoted by the Appraiser assigned by PDA Property Damage Appraisers, with the complete understanding that no additional repairs are authorized without receiving approval and a supplement from the PDA Appraiser: Body Shop by Mike and Joe 782 SW 7th Ave., Delray Beach, FL Classic Auto Collision Corp. 445 NE 6th Ave., Delray Beach, FL Ed Morse Cadillac Collision Center 2300 S. Federal Hwy., Delray Beach, FL Garber Delray Buick GMC Collision Center 2400 S. Federal Hwy., Delray Beach, FL Master Auto Body 653 NE 5th Ave., Delray Beach, FL Estimate Totals ESTIMATE RECALL NUMBER: 06/06/2016 10:02:61 9816060061 Mitchell Data Version: OEM: MAY 16_V0604 Copyright (C) 1994 -2016 Mitchell International Software Version: 7.1.177 All Rights Reserved Page 2 of 4 Add'! Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals 11. Part Replacement Summary Amount Body 11.7 42.00 10.00 0.00 601.40 Non -Taxable Parts 686.73 Refinish 6.6 42.00 0.00 0.00 273.00 Frame 2.0 42.00 0.00 0.00 84.00 Total Replacement Parts Amount 686.73 Non -Taxable Labor 868.40 Labor Summary 20.2 868.40 Ill. Addllional Costs Amount IV. Adjustments Amount Taxable Costs 12.00 Insurance Deductible 0.00 Non -Taxable Costs 166.00 Customer Responsibility 0.00 Total Additional Costs 168.00 Paint Material Method: Rates Wit Rate = 24.00 , Init Max Hours = 99.9, Add[ Rate = 0.00 1. Total tabor: 868.90 II. Total Replacement Parts: 686.73 III. Total Additional Costs: 168.00 Gross Total: 1,613.13 IV. Total Adjustments: 0.00 Net Total: 1,613.13 ESTIMATE RECALL NUMBER: 06/06/2016 10:02:61 9816060061 Mitchell Data Version: OEM: MAY 16_V0604 Copyright (C) 1994 -2016 Mitchell International Software Version: 7.1.177 All Rights Reserved Page 2 of 4 Date: 6/6/2016 10:02 AM Estimate ID: 9816060061 Estimate Version: 0 Committed (661) 243.7332 Profile ID: City of Delray Point(s) of Impact 5 Rlght Rear Corner (P) Insurance Co: CITY OF DELRAY BEACH Address: 100 NW IST AVE DELRAY BEACH, FL 33444 Work Phone: (661) 243-7161 Inspection Site: Motorpool Delray, FL 33444 Inspection Date: 6/512016 Body Shop: MOTORPOOL DELRAY Address: 434 S SWINTON AVE DELRAY BEACH, FL 33444 Telephone: (661) 243.7332 Fax Phone: (661) 661-2726 This is not an authorization for repair. A11 costs of repairs are the sole responsibility of the vehicle owner, who must authorize all repairs. Failure to deliver a copy of this appraisal to the repair shop by the vehicle owner may result in out of pocket expense to the vehicle owner. Providing a copy of this appraisal is not an acceptance of coverage or liability and all issues of coverage or liability are to be determined by the insurance carrier. Deductibles may or may not be addressed or included in this appraisal. If applicable, the repairer should collect the deductible from the vehicle owner prior to the release of the repaired vehicle. ********************Supplement Procedure It is the repairer's responsibility to send notification of the supplement via fax or email to PDA (866-764-1141) or pdawestpalmbeachepdaorg.net, including a statement whether the repairs have been halted on the vehicle. PDA will respond to your request within 24 hours. Please allow 48 hours to complete supplement processing from the date of request to ensure timely release of the vehicle This appraisal is subject to the complete review and approval by the assigning insurance company to assure accuracy, cost effectiveness, and that accepted industry repair standards are met. The insurance company listed has the right to accept or reject any part or all of this appraisal or make any changes they feel necessary. "Failure to use the insurance proceeds in accordance with the securityagreement, if any, could be a violation of § 812.014, Florida Statutes. If you have any questions, contact your lending institution." "Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree." "This paragraph shall not apply to reinsurance contracts, reinsurance agreements, or reinsurance claims transactions. ESTIMATE RECALL NUMBER: 06/06/2015 10:02:51 8616060061 Mitchell Data Version: OEM: MAY 16_V0604 Copyright (C) 1894 - 2016 Mitchell international Page 3 or 4 Software Version: 7.1.177 All Rights Reserved Date: 6/612015 10:02 AM Estlmate ID: 9816060051 Estimate Version: 0 Committed Profile ID: City of Delray ESTIMATE RECALL NUMBER: 06106/2015 10:02:51 9815060051 Mitchell Data Version: OEM: MAY -15 V0604 Copyright (C) 1984 - 2016 Mitchell Internationaf Page 4 of 4 Software Version: 7.1.177 All Rights Reserved CiaimNumber:1903 PDA Assignment Number: 981-506-0051-0 Document Name: Rt rear damage - 4.JPG Remarks: Page 7 of 7 Date: 61812016 04:47 PM Estimate ID: 9816060061 Estimate Version: 1 Supplement: 1 (F F) 6/8/2016 04:44:34 PM Profile ID: City of Delray PROPERTY DAMAGE APPRAISERS (PDA WEST PALM BEACH) PO BOX 6624, Lake Worth, FL 33466 (561) 366.4888 Fax: (866) 764-1141 Email: pdawestpalmbeach@pdaorg.net *Not An Authorization For repair* Read disclaimers following appraisal calculations. Damage Assessed By: John Lilley Supplemented By: John Lil[ey Classification: Field Condition Code: Good Contact Date: 6/6/2016 Deductible: 0.00 File Number: 9815060061 Claim Number: 1903 Appraised For; ROBIN COX (561) 243-7151 Type of Loss: Collision Date Assigned 615/2016 Insured: CITY OF DELRAY BEACH Owner: CITY OF DELRAY BEACH Address: 100 NW IST AVE, DELRAY BEACH, FL 33444 MItch oil Service: 910026 Description: 2009 Ford Crown Victoria Police Body Style: 4D Sed 114" WB Drive Train: 4.6L Inj 8 Cyl 4A RWD VIN: 2FAHP71V09X102603 License: X87848 FL Mileage: 77,000 OEMIALT: O Search Code: 981 Color: Marked Options: POWER WINDOW, POWER STEERING, POWER BRAKE, TILT STEERING COLUMN, FM RADIO AUTO AIR CONDITION Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units S1 1 000881 BDY REMOVEIREPLACE R Quarter Outer Pane! 6W7Z 5427840 A 2,061.67 ib.6 # S1 2 AUTO REF REFINISH R Quarter Panel Outside C 2.4 S1 3 AUTO REF REFINISH R Add For Pillar C 0.6 81 4 AUTO REF REFINISH R Quarter Pane! Edge C 0.5 6 000869 BDY REMOVEIINSTALL R Quarter Exhaust Vent Existing INC Or 6 AUTO BDY REMOVERNSTALL Rear Bumper Cover INC # 7 900500 BDY REMOVEIREPLACE Quarter panel Decales !no City Decals New 67.70 * 1.0* S1 8 000924 BDY REPAIR Rear Body Panel Existing 3.0* # S1 9 REF REFINISHIREPAIR Rear Body Panel C 11.0* 10 MODIFIED REFINISH WITH FULL CLEAR COAT S1 11 004078 BDY REPAIR Rear Body Floor Pan Existing 7.0'# 12 Inc RSI rear electronics S1 13 REF REFINISH/REPAIR Rear Body Floor Pan 1.6* 81 14 004079 BDY REMOVEIREPLACE R Rear Body Rear Side Ralf F8AZ 5411260 AA 78.25 16 001784 BDY REMOVEIINSTALL R Rear Combination Lamp INC 16 AUTO BDY OVERHAUL Rear Bumper Assy 0.6 # 17 003384 BDY REMOVEIREPLACE Rear Bumper Cover 6W7Z17K836APTM 509.03 INC # 18 AUTO REF REFINISH Rear Bumper Cover C 28 19 900500 BDY' REMOVEIREPLACE CAR COVER New 10.00 ' 0.0* 20 936012 ADD'L COST Hazardous Waste Disposal 3.00 21 936014 ADD'L COST Flex Additive 9.00 " S1 22 933006 FRM * ADD'L OPR FR AMEIRACK SETUP 2.0* S1 23 933036 FRM ADD'L OPR SHEETMETAL PULL 3.0* 24 AUTO REF ADD'L OPR C[oar Coat 2.2 ESTIMATE RECALL NUMBER: 0 610 61201 6 1 0.02.61 9816060051 Mitchell Data Version: OEM: MAY -16_V06041 Copyright (C) 1994 - 2016 Mitchell international Page 1 of 4 Software Version: 7.1.177 Ali Rights Reserved Date: 6/8/2016 04:47 PM Estimate ID: 9815060051 Estimate Version: i Supplement: 1 IF F) 6/8/2016 04:44:34 PM Profile ID: City of Delray 26 933005 BDY ADD'L OPR Restore Corrosion Protection 10,00 " OX 26 AUTO ADD'L COST Painttmaterials 261.60 " - Judgment Item # - Labor Note Applies C - Included in Clear Coat Calc r - CEG R&R Time Used For This Labor Operation The following collision repair facilities have agreed to perform repairs to vehicles and equipment owned and operated by the City of Delray Beach, at the prices quoted by the Appraiser assigned by PDA Property Damage Appraisers, with the complete understanding that no . additional repairs are authorized without receiving approval and a supplement from the PDA, Appraiser: Body Shop by Mike and Joe 782 SW 7th Ave., Delray Beach, FL Classic Auto Collision Corp. 445 NE 6th Ave., Delray Beach, FL Ed Morse Cadillac Collision Center 2300 S. Federal Hwy., Delray Beach, FL Garber Delray Buick GMC Collision Center 2400 S. Federal Hwy., Delray Beach, FL Master Auto Body 653 NE 5th Ave., Delray Beach, FL Estimate Totals I. Total Labor: 1,828.60 IL Total Replacement Parts: 2,726.56 Ilt. Total Additional Costs: 213.60 Gross Total: 4,828.76 ESTIMATE RECALL HUMBER: 0610612016 10:02:61 9816060051 Mitchell Data Version: OEM: MAY -15_V0604 Copyright (C) 1994 - 2016 Mitchell International Software Version: 7.1.177 All Rights Reserved Page 2 of 4 Add1 Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals If. Part Replacement Summary Amount Body 27.4 42.00 10.00 0.00 1,160.80 Non-Taxabfe Parts 2,726.56 Refinish 10.9 42.00 0.00 0.00 457.80 Frame 6.0 42.00 0.00 0.00 210.00 Total Replacement Parts Amount 2,726.66 Non -Taxable tabor 1,828.60 Labor Summary 43.3 1,828.60 Ill. Additionat Costs Amount IV. Adjustments Amount Taxable Costs 12.00 Insurance Deductible 0.00 Non -Taxable Costs 261.60 Customer Responsibility 0,00 Total Additional Costs 273.60 Paint Material Method: Rates Init Rate = 24.00 , !nit Max Hours = 99.9, Addl bate = 0.00 I. Total Labor: 1,828.60 IL Total Replacement Parts: 2,726.56 Ilt. Total Additional Costs: 213.60 Gross Total: 4,828.76 ESTIMATE RECALL HUMBER: 0610612016 10:02:61 9816060051 Mitchell Data Version: OEM: MAY -15_V0604 Copyright (C) 1994 - 2016 Mitchell International Software Version: 7.1.177 All Rights Reserved Page 2 of 4 Date: 6/8/2015 04:47 PM MOTORPOOL DELRAY Estimate ID: 9815060061 434 S SWINTON AVE Estimate Version: 1 DELRAY BEACH, FL 33444 Supplement: 1 (F F) 6/8/2016 04:44:34 PM Profile ID: City of Delray Fax Phone: IV. Total Adjustments: 0.00 Net Total: 4,828.76 Less Original Net Total: 1,613.13 Net Supplement Amount: 3,216.62 S1: John Lilley 3,216.62 Points) of Impact 6 Right Rear Corner (P) Insurance Co: CITY OF DELRAY BEACH Address: 100 NW 1ST AVE DELRAY BEACH, FL 33444 Work Phone: (661) 243-7161 Inspection Site: Molorpool Delray, FL 33444 Inspection Date: 6/5/2016 Body Shop: MOTORPOOL DELRAY Address: 434 S SWINTON AVE DELRAY BEACH, FL 33444 Telephone: (661) 243-7332 Fax Phone: (661) 661-2726 This is not an authorization for repair. All costs of repairs are the sole responsibility of the vehicle owner, who must authorize all repairs. Failure to deliver a copy of this appraisal to the repair shop by the vehicle owner may result in out of pocket expense to the vehicle owner. Providing a copy of this appraisal is not an acceptance of coverage or liability and all issues of coverage or liability are to be determined by the insurance carrier. Deductibles may or may not be addressed or included in this appraisal. If applicable, the repairer should collect the deductible from the vehicle owner prior to the release of the repaired vehicle. ********************Supplement Procedure It is the repairer's responsibility to send notification of the supplement via fax or email to PDA (866-764--1141) or pdawestpalmbeach@pdaorg.net, including a statement whether the repairs have been halted on the vehicle. PDA will respond to your request within 24 hours. Please allow 48 hours to complete supplement processing from the date of request to ensure timely release of the vehicle This appraisal is subject to the complete review and approval by the assigning insurance company to assure accuracy, cost effectiveness, and that accepted industry repair standards are met. The insurance company listed has the right to accept or reject any part or all of this appraisal or make any changes they feel necessary. "Failure to use the insurance proceeds in accordance with the securityagreement, if any, could be a violation of § 812.014, Florida Statutes. If you have any questions, contact your lending ESTIMATE RECALL NUMBER: 061061201610:02:61 9816060061 Mitchell Data Version: OEM: MAY 16 VO604 Copyright(C)1994-2016 Mitchell International Page 3 of 4 Software Version: 7.1.177 All Rights Reserved Date: 6/812015 04:47 PM Estimate ID: 9815060051 Estimate Version: 1 Supplement: 1 (F F) 6181201 s 04:44:34 PM Profits 1D: City of Delray institution." "Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree." "This paragraph shall not apply to reinsurance contracts, reinsurance agreements, or reinsurance claims transactions. ESTIMATE RECALL NUMBER: 0610612015 10:02:61 9816060061 Mitchell Data Version: OEM: MAY_16_V0604 Copyright (C) 1994 - 2016 Mitchell International Page 4 of 4 Software Version: 7.1.177 All Rights Reserved Date: 6/8/2016 04:47 PM Estimate ID: 9816060061 Estimate Version: 1 Supplement 1 (F F) 61 81201 5 04:44:34 PM Profile ID: City of Delray PROPERTY DAMAGE APPRAISERS (PDA WEST PALM BEACH) PO SOX 6024, Lake Worth, FL 33466 (661) 366.4888 Fax: (866) 7644141 Email: pdawestpalmbeach@pdaorg.net Supplement Delta Report Comparison of Estimate 9816060061 Supplement 0 and Supplement 1 Damage Assessed By: John Lilley Supplemented By: John Lilley Insured: CITY OF DELRAY BEACH Owner: CITY OF DELRAY BEACH Vehicle Description; 2009 Ford Crown Victoria Police Line Labor Line Item Dollar Labor CEG Item Type Operation Description Part Type Amount Units Unit Changed Entries 6 BDY REMOVE/INSTALL R Quarter Exhaust Vent Existing 0.2 0.2 6 BDY REMOVEIINSTALL R Quarter Exhaust Vent Existing INC < 0.2 8 8DY REMOVEIINSTALL R Rear Combination Lamp 0.4 0.4 16< BDY REMOVEIINSTALL R Rear Combination Lamp INC < 0.4 9 BDY OVERHAUL Rear BumperAssy 1.8 1.8 16< BDY OVERHAUL Rear BumperAssy 0.6 < 1.8 16 FRM ADD'L OPR FRAMEIRACK SET UP 1.0* 31 22< FRM ADD'L OPR FRAMEIRACK SET UP 2,01 < 17 FRM ADD'L OPR SHEETMETAL PULL 1.0* S1 23< FRM ADD'L OPR SHE£TMETAL PULL 3,0• < 18 REF ADD'LOPR Clear Coat 1.6 24< REF ADD'L OPR Clear CoaL 2.2 < 20 ADD'L COST Paint/Materials 166.00 0.0 26< ADD'L COST Paint/Materials 261.60 *< 0.0 Deleted Entries 1 BDY REPAIR R Quarter Outer Panel Existing 8.0' 16.5 2 Inc Stripe removal 0.0 3 REF REFINISHIREPAIR R Quarter Outer Panel C 2,2• 2,4 16 Floorset•up 0.0 Added Entries Si 1 BDY REMOVEfREPLACE R Quarter Outer Panel 6WTZ 6427840 A 2,061.67 16.6 15.6 S1 2 REF REFINISH R Quarter Panel Outside C 2.4 2.4 81 3 REF REFINISH R Add For Pillar C 0.6 0.5 $1 4 REF REFINISH R Quarter Panel Edge C 0.6 0.6 61 8 BDY REPAIR Rear Body Panel Existing 3.0` 6.5 Si 9 REF REFINISHIREPAIR Rear Body Panel C 1.0' 2.0 Si 11 BDY REPAIR Rear Body Floor pan Existing 7.0' 8.0 12 Inc R&I rear electronics 0,0 81 13 REF REFINISHIREPAIR Rear Body Floor Pan 1.6` 2.0 S1 14 BDY REMOVEIREPLACE R Rear Body Rear Side RaH F8AZ 6411269 AA 78.26 0.0 Global Changes No Deductible, Customer Responsibility, Labor Rate, or Part Adjustment changes were made. ESTIMATE RECALL NUMBER: 6161201610;02:61 9816060061 Software Version: 7.1.177 Copyright (C) 1994.2016 Mitchell International Page 1 of 2 All Rights Reserved Date: 61 81201 6 04:47 PM Estimate ID: 9816060051 Estimate Verslon: 1 Supplement: 1 (F F) 6/8/2015 04:44:34 PM Profile ID: City of Delray Amount Original Estimate: 1,613.13 Supplement 1 3,215.62 Net Supplement Amount 3,215.62 Net Total 4,828.76 Program Calc Versions Data Versions Supp 0 7.1,177 MAY_16_V0604 Supp 1 7.1.177 MAY -15—V0604 ESTIMATE RECALL NUMBER: 616/201610:02:61 9816060061 Software Version: 7.1.177 Copyright (C) 1994 - 2015 Mitchell international Page 2 of 2 All Rights Reserved Claim Number: 1903 PDA Assignment Number: 981-506-0051-1 Document Name: Rear body damage.jpg Remarks: Document Name: Rt qtr damage.jpg Remarks: Page 1 of 3 Claim Number: 1903 PDA Assignment Number: 481-506-0051-1 Document Name: Rt rear floor - 2.jpg Remarks: Page 3 of 3 Date: 6/24/2015 02:20 PM Estimate ID: 9815060051 Estimate Version: 2 Supplement: 2 (F F) 6/24/2015 02:20:12 Profile ID: City of Delray PROPERTY DAMAGE APPRAISERS (PDA WEST PALM BCH) PO BOX 6024, Lake Worth, FL 33466 (561) 366-4866 Fax: (866) 764-1141 Email: pdavrestpalmbeach@pdaorg.net *Not An Authorization For repair* Read disclaimers following appraisal calculations. Damage Assessed By: John Lilley Supplemented By: JOHN CERULLI Classification: Field Condition Code: Good Contact Date: 6/5/2015 Deductible: 0.00 File Number: 9815060051 Claim Number: 1903 Appraised For: ROBIN COX (561) 243-7151 Insured: CITY OF DELRAY BEACH Owner: CITY OF DELRAY BEACH Address: 100 NW IST AVE, DELRAY BEACH, FL 33444 Mitchell Service: 910026 Description 2009 Ford Crown Victoria Police Type of Loss: Collision Date Assigned 6/512015 Body Style: 4D Sed 114" WB Drive Train: 4.61- Inj 8 Cyl 4A RWD VIN: 2FAHP71V09X102503 License: XB7848 FL Mileage: 77,000 OEM/ALT: O Search Cade: 981 Color: Marked Options: POWER WINDOW, POWER STEERING, POWER BRAKE, TILT STEERING COLUMN, FM RADIO AUTO AIR CONDITION Line Entry Labor Labor Line Item Item Number Type Operation Description S2 1 002425 BDY REMOVE/REPLACE R Frt Rocker Moulding S22 000092 BDY REMOVE/REPLACE Back W€ndoW Reveal Moulding S1 3 000861 BDY REMOVE/REPLACE R Quarter Outer Panel S1 4 AUTO REF REFINISH R Quarter Panel Outside S15 AUTO REF REFINISH R Add For Pillar S1 6 AUTO REF REFINISH R Quarter Panel Edge 7 000869 BDY REMOVE/INSTALL R Quarter Exhaust Vent 8 AUTO BDY REMOVE/INSTALL Rear Bumper Cover 9 900500 BDY* REMOVE/REPLACE Quarter panel Decales Inc City Decale S1 10 000924 BDY REPAIR Rear Body Panel S1 11 REF REFINISH/REPAIR Rear Body Panel 12 MODIFIED REFINISH WITH FULL CLEAR COAT S1 13 004078 BDY REPAIR Rear Body Floor Pan 14 Inc R&I rear electronics S1 15 REF REFINISH/REPAIR Rear Body Floor Pan 51 16 004079 BDY REMOVE/REPLACE R Rear Body Rear Side Rail 17 001784 BDY REMOVE/INSTALL R Rear Combination Lamp 18 AUTO BDY OVERHAUL Rear Bumper Assy 19 003384 BDY REMOVE/REPLACE Rear Bumper Cover 20 AUTO REF REFINISH Rear Bumper Cover 21 900500 BDY* REMOVE/REPLACE CAR COVER 22 936012 ADD'L COST Hazardous Waste Disposal 23 936014 ADD'L COST Flex Additive ESTIMATE RECALL NUMBER: 06/06/2015 10:02:51 9815060051 Mitchell Data Version: OEM: JUN -15 V Copyright (C) 1994 - 2015 Mitchell International Software Version: 7.1.178 All Rights Reserved Part Type/ Dollar Labor Part Number Amount Units 1W7Z 5410176 AAA 139.78 0.3 # F2MY 5442404 A 131.85 509.03 INC # 6W7Z 5427840 A 2,061.57 15.5 # 10.00 * 0.0* C 2.4 9.00 * C 0.5 C 0.5 Existing INC 4r INC # New 67.70 * 1.0* Existing 3.0*# C 1.0* Existing 7.0*# 1.5* F8AZ 5411250 AA 78.25 INC 0.6 # 6W7Z 17K835 APTM 509.03 INC # C 2.8 Nein 10.00 * 0.0* 3.00 * 9.00 * Page 1 of 4 S124 933006 FRM* ADD'LOPR FRAME/RACK SET UP S1 25 933036 FRM ADD'L OPR SHEETMETAL PULL 26 AUTO REF ADDT OPR Clear Coat 27 933005 BDY ADDT OPR Restore Corrosion Protection 28 AUTO ADD'L COST Paint/Materials * - Judgment Item # - Labor Note Applies C - Included in Clear Coat Calc r - CEG R&R Time Used For This Labor Operation Date: 6/24/2015 02:20 PM Estimate ID: 9815060051 Estimate Version: 2 Supplement: 2 (F F) 6/24/2015 02:20:12 Profile ID: City of Delray 2.0* 3.0* 2.2 10.00 * 0.3* 261.60 * The following collision repair facilities have agreed to perform repairs to vehicles and equipment owned and operated by the City of Delray Beach, at the prices quoted by the Appraiser assigned by PDA Property Damage Appraisers, with the complete understanding that no additional repairs are authorized without receiving approval and a supplement from the PDA Appraiser: Body Shop by Mike and Joe 782 SW 7th Ave., Delray Beach, FL Classic Auto Collision Corp. 445 NE 6th Ave., Delray Beach, FL, Ed Morse Cadillac Collision Center 2300 S. Federal Hwy.r Delray Beach, FL Garber Delray Buick GMC Collision Center 2400 S. Federal Hely., Delray Beach, FL Master Auto Body 653 NE 5th Ave., Delray Beach, FL Estimate Totals Add'I Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Body 27.7 42.00 10.00 0.00 1,173.40 Non -Taxable Parts 2,998.18 Refinish 10.9 42.00 0.00 0.00 457.80 Frame 5.0 42.00 0.00 0.00 210.00 Total Replacement Parts Amount 2,998.18 Non -Taxable Labor 1,841.20 Labor Summary 43.6 1,841.20 III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 12.00 Insurance Deductible 0.00 Non -Taxable Costs 261.60 Customer Responsibility 0.00 Total Additional Costs 273.60 Paint Material Method. Rates Init Rate = 24.00 , Ink Max Hours = 99.9, Addl Rate = 0.00 I. Total Labor: 1,841.20 II. Total Replacement Parts: 2,998.18 III. Total Additional Costs: 273.60 Gross Total: 5,112.98 ESTIMATE RECALL NUMBER: 06/06/2015 10:02:51 9815060051 Mitchell Data Version: OEM: JUN_15_V Copyright (C) 1994 - 2015 Mitchell International Page 2 of 4 Software Version: 7.1.178 All Rights Reserved Date: 6/24/2015 02:20 PM Estimate ID: 9815060051 Estimate Version: 2 Supplement: 2 (F F) 6/24/2015 02:20:12 Profile ID: City of Delray 1V. Total Adjustments: 0.00 Net Total: 5,112.98 Less Original Net Total: 1,613.13 Net Supplement Amount: 3,499.85 51: John Lilley 3,215.62 S2: JOHN CERULLI 284.23 Point(s) of Impact 5 Right Rear Corner (P) Insurance Co: CIN OF DELRAY BEACH Address: 100 NW 1ST AVE DELRAY BEACH, FL 33444 Work Phone: (561) 243-7151 Inspection Site: Motorpool Delray, FL 33444 Inspection Date: 6/512015 Body Shop: MOTORPOOL DELRAY Address: 434 S SWINTON AVE DELRAY BEACH, FL 33444 Telephone: (561) 243-7332 Fax Phone: (561) 561-2725 This is not an authorization for repair. All costs of repairs are the sole responsibility of the vehicle owner, who must authorize all repairs. Failure to deliver a copy of this appraisal to the repair shop by the vehicle owner may result in out of pocket expense to the vehicle owner. Providing a copy of this appraisal is not an acceptance of coverage or liability and all issues of coverage or liability are to be determined by the insurance carrier. Deductibles may or may not be addressed or included in this appraisal. If applicable, the repairer should collect the deductible from the vehicle owner prior to the release of the repaired vehicle. ********************Supplement Procedure Notice********************* It is the repairer's responsibility to send notification of the supplement via fax or email to PDA (866-764-1141) or pdawestpalmbeach@pdaorg.net, including a statement whether the repairs have been halted on the vehicle. PDA will respond to your request within 24 hours. Please allow 48 hours to complete supplement processing from the date of request to ensure timely release of the vehicle This appraisal is subject to the complete review and approval by the assigning insurance company to assure accuracy, cost effectiveness, and that accepted industry repair standards are met. The insurance company listed has the right to accept or reject any part or all of this appraisal or make any changes they feel necessary. "Failure to use the insurance proceeds in accordance with the securityagreement, if any, could be a violation of § 812.014, Florida Statutes. If you have any questions, contact your lending institution." "Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading ESTIMATE RECALL NUMBER: 06/06/2015 10:02:51 9815060051 Mitchell Data Version: OEM: JUN 15 V Copyright (C) 1994 - 2015 Mitchell International Page 3 of 4 Software Version: 7.1.178 All Rights Reserved information is guilty of a felony of the third degree Date: 6/24/2015 02:20 PM Estimate ID: 9815060051 Estimate Version: 2 Supplement: 2 (F F) 6/24/2015 02:20:12 Profile ID: City of Delray "This paragraph shall not apply to reinsurance contracts, reinsurance agreements, or reinsurance claims transactions. ESTIMATE RECALL NUMBER: 06/06/2015 10:02:51 9815060051 Mitchell Data Version: OEM: JUN -15_V Copyright (C) 1994 - 2015 Mitchell International Sofware Version: 7.1.178 All Rights Reserved Page 4 of 4 Date: 6/24/2015 02:20 PM Estimate 1D: 9815060051 Estimate Version: 2 Supplement: 2 (F F) 6/24/2015 02:20;12 Profile ID: City of Defray PROPERTY DAMAGE APPRAISERS (PDA WEST PALM BCH) PO BOX 6024, Lake Worth, FL 33466 (561) 366-4888 Fax: (866)764-1141 Email: pdawestpaimbeach@pdaorg.net Supplement Delta Report Comparison of Estimate 9815060051 Supplement 1 and Supplement 2 Damage Assessed By: John Llfley Supplemented By: JOHN CERULLI Insured: CITY OF DELRAY BEACH Owner: CITY OF DELRAY BEACH Vehicle Description: 2009 Ford Crown Victoria Police Line Labor Line Item Item Type Operation Description Dollar Labor CEG Part Type Amount Units Unit Added Entries S2 1 BDY REMOVE/REPLACE R Frt Rocker Moulding 1W7Z 5410176 AAA 139.78 0.3 0.3 S22 BDY REMOVE/REPLACE Back Window Reveal Moulding F2MY 5442404 A 131.85 0.0 Global Changes No Deductible, Customer Responsibility, Labor Rate, or Part Adjustment changes were made. Amount Original Estimate: 1,613.13 Supplement 1 3,215.62 Supplement 2 284.23 Net Supplement Amount 3,499.85 Net Total 5,112.98 Program Calc Versions Data Versions Supp 1 7.1.177 MAY -15—V0604 Supp 2 7.1.178 3UN 15 V ESTIMATE RECALL NUMBER: 6/ 6/2015 10:02:51 9815060051 Software Version: 7.1.178 Copyright (C) 1994 - 2015 Mitchell International All Rights Reserved Page 1 of 1 Claim Number: 1903 PDA Assign mentNumber: 981-506-0651-2 Document Name: MLDG TABS CRACKED.Jpg Remarks: Page i of 1 Vehicle Evaluation 1903 -Collision Repairs The City Garage does everything within its' power to handle vehicle collision repairs as efficiently and expeditiously as it can, with a purpose to minimize vehicle down time while also being diligent to insure that the damaged vehicles' actual cash value justifies making repairs. We work closely with the collision repair shops and with the damage appraisal company to evaluate damaged vehicles to determine if the actual cash value of the vehicle justifies making repairs, or if the vehicle should be declared a total loss. The City Garage receives a subscription to the NADA Official Used Car Guide, a monthly publication, as a tool for determining vehicle values. Generally, the accepted industry threshold is greater than 70% of actual cash value in damage will warrant declaring the vehicle a total loss. In this case, vehicle #1903 was involved in a rear bumper collision on May 26, 2015. Our appraisal company, Property Damage Appraisers, gave an initial repair appraisal cost of $1,613.13 (attached) on June 6, 2015. Note that the NADA book value of this car, taken from the June 2015 NADA book (attached) was $6,675. Adding $10,273 for the up -fitting of Police lights, siren, graphics, window tint, and miscellaneous Police equipment brings the actual cash value of the car to $16,948. The initial repair appraisal of $1,613.13 is just 10% of the actual cash value of the car at the time of the appraisal. On June 8, 2015, after repairs to the car had begun, we received from Property Damage Appraisers a supplement (attached) to the repair appraisal, based on additional damage found to the body sub- structure once the damaged rear bumper was removed. These additional repairs covered by the supplement added $3,215.62 to the cost of the repairs, bringing the repair total to $4,828.75. A second supplement dated June 24, 2015 added $284.23 to the repair, bringing the final repair total to $5,112.98. This new total is still just 30% of the actual cash value of the car. Also consider that the cost of a new car would be $28,160 plus the $10,273 for up -fitting, resulting in a $38,433 replacement cost. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal Krejcarek, Director of Environmental Services John Morgan, Interim Deputy Director Public Works Kevin Rumell, Fleet Superintendent THROUGH: Donald B. Cooper, City Manager DATE: July 15, 2015 SUBJECT: AGENDA ITEM 8.E - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 RESOLUTION NO. 58-15/ BEST INTEREST RESOLUTION - AL PACKER FORD BACKGROUND Requesting approval of Best Interest Resolution No. 58-15, to increase expenditure limit with Al Packer Ford in an amount not to exceed $30,000.00 for fiscal year 2015, which includes retroactive approval of $687.98. This fiscal year to date, the City has purchased OEM Ford parts from Al Packer Ford in an amount totaling $25,687.98. In addition, there is an outstanding balance of $1,746.74 due to Al Packer Ford for parts received through May 4, 2015. With the large number of Ford vehicles in the fleet, staff anticipates expenditures for OEM parts from Al Packer Ford in the not to exceed amount of $30,000 through the end of the fiscal year. The Fleet Division, having a fleet comprised largely of Ford vehicles including all Police Patrol cars, orders a significant volume of OEM Ford replacement parts on a daily basis. It should be noted that all Police vehicles require OEM brake, steering, and suspension replacement parts due to being pursuit rated vehicles. The City of Delray Beach purchased OEM Ford parts through Al Packer Ford. Although they are located in West Palm Beach, Al Packer Ford has one of the largest Ford parts inventory, employing a large staff of delivery personnel, making wholesale parts easily accessible throughout Palm Beach County. This request for consideration is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(11), 'Best Interest Acquisitions". DISCUSSION Consider approval of Best Interest Resolution No. 58-15, requesting approval of an increase in the expenditure limit with Al Packer Ford in an amount not to exceed $30,000.00 for Fiscal Year 2015, including a retroactive payment. FUNDING SOURCE Funding is available from Account Code 501-3311-591.52-50. RECOMMENDATION Through a motion, approve Best Interest Resolution No. 58-15, requesting approval of an increase in the expenditure limit with Al Packer Ford in an amount not to exceed $30,000.00 for Fiscal Year 2015, including a retroactive payment $687.98. RESOLUTION NO. 58-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING ACQUISITIONS WITH AL PACKER FORD, NOT TO EXCEED $30,000 FOR FISCAL YEAR 2015 FOR OEM FORD REPAIR PARTS FOR CITY VEHICLES, DECLARING BY A FOUR- FIFTHS AFFIRMATIVE VOTE THAT THE ACQUISITIONS FROM AL PACKER FORD ARE IN THE BEST INTEREST OF THE CITY, UNTIL SUCH TIME THAT AN AWARD IS ISSUED BY THE PURCHASING DEPARTMENT FOR THE PURCHASE OF OEM PARTS RELATED REPAIRS TO CITY VEHICLES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Al Packer Ford has proven to have a large inventory of OEM Ford Parts employs a large staff of delivery personnel delivering wholesale OEM Ford parts throughout Palm Beach County and provides fast local delivery of parts expediently; and WHEREAS, the City's Fleet Maintenance Department is obligated to maintain the City's fleet of vehicles, including all Ford Police patrol cars, as well as a majority of City vehicles manufactured by Ford, in a safe, reliable manner and return these vehicles back to service expeditiously; and WHEREAS, the City orders and receives a significant volume of OEM Ford replacement parts on a daily basis; and WHEREAS, the City's Purchasing Department is in the process of issuing an award for the purchase of OEM automotive repair parts; and WHEREAS, the cumulative multiple expenditures to date for Fiscal Year 2015 for OEM Ford parts acquisitions with Al Packer Ford have reached $25,687.98; and WHEREAS, exceeding this amount of spending requires prior Commission approval under Code of Ordinances, Chapter 36, Section 36.03(B), "Multple Acquisitions from Vendor Exceeding x`25,000 in Any Fiscal Year'; and WHEREAS, City of Delray Beach Fleet Maintenance Department seeks retroactive approval for payments made to Al Packer Ford in the amount of $687.98, and to make payment to Al Packer Ford for outstanding amount due for repair parts received in an amount of $1,746.74, 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 Al Packer Ford, in accordance with City's Code of Ordinances Chapter 36, Section 36.03(B), "Multiple Acquisitions 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 PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of 12015. ATTEST: City Clerk 2 MAYOR Res No. 58-15 REMIT TO: AL PACKE R ACCOUNTS DUE AND PAGE 1 PAYABLE BY THE �." I 10th OF THE MONTH LiNCOLN 1530 N. Military Trail, West Palm Beach, FL 33409 Telephone: 561-689-6550 vmv.aIpackerford. com ACCT. NO 8010 CLOSING DATE CITY OF DELRAY BEACH 25�LFNlS 101 NW 1ST AVE DELRAY BEACH FL 33444 AMOUNT ENCLOSED PLEASE RETURN THIS PORTION WITH YOUR CHECK $ DATE DOCUMENT/TRANSACTION PURCHASES I PAYMENTS&CREDITS BALANCE PREVIOUS BALANCE 13APR15 32 301225 332.65 15APR15 32 301484 23.84 15APR15 32 301530 26.80 16APR15 32 301642 442.85 16APR15 32 301658 90.32 17APR15 32 301797 358.04 17APRIS 32 301839 60.56 20APR15 32 301999 41.29 22APR15 32 302189 33.66 24APR15 32 302548 138.94 27APR15 32 302695 13.18 28APR15 32 302808 101.16 29APR15 32 303020 2.56 04MAY15 32 303428 80.89 ACCOUNT STATUS PAST DUE CURRENT PLEASE PAY THIS AMOUNT D 1,746.74 1, 746.74 0.00 OVER 30 OVER 80 OVER 90 OVER 120 197.79 1,548.95 0.00 0.00 FINANCE CHARGES will apply if the new balance is unpaid one month from the closing date of statement. The "FINANCE CHARGES" are computed by a periodic rate of 1 . 50-0 per month which is an ANNUAL PERCENTAGE RATE of 1806 applied to the unpaid balance after deducting current payments and/or credits appearing on this statement from the previous balance. AL PACKER, INC CUSTOMER COPY MEMORANDUM TO: Mayor and City Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: August 6, 2015 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 RESOLUTION NO. 53-15/ BEST INTEREST RESOLUTION - HOUSING REHABILITATION PROJECTS BACKGROUND Community Improvement Neighborhood Services Division recommends approval of Best Interest Resolution 53-15 for general contractors to provide housing rehabilitation program services. The City has been allocated $404,964 of Community Development Block Grant (CDBG) funds through the U.S. Department of Housing and Urban Development to provide for the renovation or repair of existing substandard homes. The rehabilitation of homes addresses building and code violations, interior and exterior building, electrical and plumbing problems, health and safety issues and the retrofit of special items for those with special needs. The Housing Rehabilitation Grant(s) are being awarded to the following general contractors and work is to be conducted at the addresses referenced below. Contractor is the lowest responsive bidder as detailed on the attached Bid/Quote Information Sheets. This item was bid utilizing the Commission - approved Neighborhood Rehabilitation Program Manual process. However, the process outlined in the manual is not in compliance with Section 36 of the City's Code of Ordinances. Therefore, it is recommended the City Commission approve a Best Interest Resolution for the acquisition of these services. It is noted that the Neighborhood Services Program Description Manual is in the process of being updated to comply with Section 36 of the Code of Ordinances and will correct the way the projects are bid. This will eliminate the need to approve a Best Interest Resolution moving forward for projects in the next fiscal year. Contractor Address Amount Funding Source Cordoba Construction Co. 429 SW 15th Avenue 227 NW 14th Avenue $ 36,865.60 $ 36,637.23 CDBG Approval is needed for acquisition of services by Cordoba Construction Co., in accordance with Code of Ordinances, Section 36.03 (B), as this purchase will result in multiple acquisitions for services in the current fiscal year and aggregately exceed $25,000. Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes recording fees. All unused funds will remain with the Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Request is consideration to approve Resolution 53-15 Best Interest Resolution to allow awarding of multiple acquisitions of services exceeding $25,000 in a Fiscal Year for services by Cordoba Construction Co., in accordance with Code of Ordinances, Section 36.03 (B) along with the award of housing rehabilitation grants to the lowest responsive bidder. TIMING OF THE REQUEST This request is critical to complete projects within the fiscal year. FUNDING SOURCE Community Development Block Grant 118-1963-554-49.19 $ 73,502.83 RECOMMENDATION By Motion: Approve Resolution 53-15 Best Interest Resolution for acquisitions of services from Cordoba Construction Co., to allow "multiple acquisitions from vendors exceeding $25,000 in any fiscal year; and further find that the acquisitions are in compliance with the Code of Ordinances Chapter 36, Section 36.03(B) Multiple Acquisitions From Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in Any Fiscal Year and Section 36.02 (C)11 Best Interest Acquisitions. By Motion, approve Cordoba Construction Co., the award of Housing Rehabilitation grants as the most responsive bidder for services being provided at 429 SW 15th Avenue and 227 NW 14th Avenue. RESOLUTION NO. 53-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, FOR HOUSING REHABILITATION CONSTRUCTION AT 429 SW 15TH AVENUE AND 227 NW 14TH AVENUE UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE COMMUNITY IMPROVEMENT DEPARTMENT FROM CORDOBA CONSTRUCTION CO., DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the Community Improvement Department received funding through the Community Development Block Grant programs for renovation or repair of existing substandard houses; and WHEREAS the City Commission approved in November 20, 2007 a Housing Rehabilitation Program; and WHEREAS the Community Improvement Department has utilized a competitive solicitation process, not in compliance with Code of Ordinances, Section 36, to acquire bids on rehabilitation projects; and WHEREAS, Cordoba Construction Co. was the lowest bidder for a rehabilitation project at 429 SW 14`h Avenue and 227 NW W Avenue for $35,395.50 and $34,828.50; and WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire or contract for non -real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotation Method where the City Commission declares by at least a four -fifth (4/5) affirmative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four- fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the HOUSING REHABILITATION CONSTRUCTION AT 429 SW 15TH AVENUE AND 227 NW 14TH AVENUE UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING FOR THE COMMUNITY IMPROVEMENT DEPARTMENT FROM CORDOBA CONSTRUCTION CO. is in the best interest of the City. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of .2015. MAYOR ATTEST: City Clerk CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION PROGRAM CONTRACT THIS AGREEMENT made this day of 2015, by and between Cordoba Construction Co., herein after called the "Contractor" and Michelle Martin, hereinafter referred to as the "Owner(s)". WHOSE residence and project address is: 227 NW 141h Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: All of Lot 19 and the North FORTY 940') feet of Lot 20, Block "A", CARVER MEMORIAL PARK, according to the Plat thereof, as recorded in Plat Book 20, Page 56, of the Public Records of Palm Beach County, Florida. P I D # 12-43-46-17-36-001-0190 follows: WITNESSETH, that the Contractor and the Owner for the considerations stated herein mutually agree as ARTICLE I - Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenance thereto and perform and complete all work in accordance with the contract documents as prepared by the City of Delray Beach. ARTICLE 2 - The Contract Price. The Owner shall pay the Contractor for the performance of the contract in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of: Thirty -Three Thousand Seven Hundred Ten Dollars and 001100 Cents ($33.710. ARTICLE 3 - Method of Payment. Upon request of the Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All payment requests will require owner's signature. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION - CONTRACT However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. Final payment will be made after: The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property owner harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The contractors and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission during performance under this agreement). 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this contract and does not have any responsibilities under this contract either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the -2- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION - CONTRACT performance by the Contractor is unsatisfactory or unacceptable for any reason; the Contractor agrees to correct any deficiencies at no additional cost to the City. ARTICLE 4 - The Contractor will guarantee that all work performed is free from defects for a period of one year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible. ARTICLE 5 - The Contract. The executed contract documents shall consist of the following: a. This Contract b. Instructions to Bidders C. Signed Copy of Bid d. General Specifications e. Special Conditions f. Technical Specifications g. Drawings ARTICLE 6 - Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTICLE 7 - Statement of Non-discrimination. The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. -3- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION - CONTRACT ARTICLE 8 - Dispute Resolution. All internal disputes between the Owners and Contractor arising out of or related to the work shall be decided by Program Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this ARTICLE 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provisions in any component part, the provision of the component part first enumerated in this ARTICLE 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in three (3) original copies on the day and year first above written. -4- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION - CONTRACT Owner Signature Owner Signature ATTEST: Contractor Signature Contractor Firm Name CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE #: BID #03-2015NS APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS DATE OF BID OPENING: GENERAL CONTRACTORS Abisset Corporation All Phase Roofing Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. Donclay Construction Inc. JIJ Construction Corp. M&A Builders, LLC Ray Graeve & Sons Construction, Inc. South Florida Construction Services, Inc. SRJ Construction Corporation Starmark Properties Inc. In -House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT: 5% Contingency Lead Inspection Lead Clearance Termite Inspection Termite Treatment Recording Fees GRANT CONTRACT AMOUNT FUNDING SOURCE: Account # Michelle Martin 227 NW 14th Avenue June 5, 2015 July 2, 2015 BID AMOUNT BID BOND $ 31,453.29 Cordoba Construction Co. $ 33,170.00 $ 1,658.50 $ 34,828.50 425.00 295.00 N/A 1,069.63 19.10 36,637.23 Community Development Block Grant (CDBG) 118-1963-554-49.19 COMMENTS: Staff recommends awarding to lowest responsive bidder. Note Items 14,16,18 and 20 were removed from the scope of work to comply with project funding requirements. as/�o y'4/ D Z Q O m N 2 - o O MO D N N yk t Z d N m N O O O O w N N N D N N N a N N N D 15�LU O O E E E Z LiiLU N N N D a ( ( w z C p z J co x x x z L 0 N y 0 0 CD 0 w z 0 coLU CD LC) CD 0 LU 0 0 0 0 0 0 a o z U U U N N m O a m m O O O O O O N N N D N N N N N N N N O O O O O O E E E E N N N D a ( ( a) C C C C J J J J x x x x 0 O 0 N 0 O 0 0 CD 0 CD 0 CD LC) CD LC) CD LC) CD 0 CD 0 0 0 0 0 0 0 0 0 U U U U N N N N O O O O Q Q Q Q t t t t LC) Cl) M LC) V CD 00 CD Q Q Q Q E E E E O O O O U U U U O O O O O O O O O O N N N D N N N N N N N N O O O O O O E E E E N N N D a ( ( a) C C C C J J J J x x x x O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o O 0 O 0 O o O O O 0 O 0 O 0 O 0 O 0 O 0 N 0 O 0 0 CD 0 CD 0 CD LC) CD LC) CD LC) CD 0 CD 0 0 0 0 0 0 0 0 0 0 0 CD 1� CD O CD O CD O 0 O 0 ti F N co Co O V 00 M M LC) Cl) M LC) V CD 00 CD O O ti LC) CD CD O N LC) C6 r f— M N N LC) (� Co Cl) EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA Cf} EA EA EA EA EA EA O O O O O O O O V LC) 0 0 0 0 0 0 0 0 0 0 O O O O O a) O O O O O O O O O N O O O O O O O O O O N O O O O N O O LC) O O O O O M CD LC) O V LC) O O Lf) O Lf) O 00 LC) O O O Cl) O CD I-- O U) LC) LC) LC) O M I-- LC) N O LC) N O N V CD N LC) O V LC) 00 V LC) I� ti CD O C3) N CD N M r O CD LC) 00 00 r CO O LC) 00 V r N C6 r OCT N N N r LC) Cr) Cl) fs> fii fi> fti 61=161=169)- ffi fs> fii fi> fti fs> 61=� 6ci fti fi> <fi fi> 60- 0 -J 160- -i 0 m Cn C L E T O a) L L �i �i U a) U_ co p 0 L 0 O 0 p L O a) Cn Y CD 00 O Q W O"0 O� L c O Cn c_ � fn U E p� �.0 p Lo�� O 00—_(n o p� J L Q� J O to a) L O + -0 L CO a) a) Q a) a) < O X o O'� ���"= �YQ� O a) W — � + X SZ � to LL a) �' U -0 c co o O O J H � L a) a) a)Z E ompp ��Y�>� ELnW o > > > L--- LU) L i i m a) O E O E O E 7� --U--- 0 Q C-6 � C�6 Qr Q O O� a) a) a) O t O W w w a) w w o a) a) a) U W Of Of Of 2 c c W c c c0� c c s U c r N co V LC) N N NEIGHBORHOOD SERVICES DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM NOTICE TO PROCEED APPLICATION NO: 13-460 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 227 NW 14th Avenue Delray Beach, FL 33444 Pursuant to the local guidelines set by the City of Delray Beach's Neighborhood Services Division Affordable Housing Rehabilitation Program and approved by the City Commission, you are hereby given Notice to Proceed with the work at the above referenced property within three (3) calendar days of The notice establishes that the work be completed within sixty (60) days of permit issuance. Please acknowledge receipt of this Notice to Proceed as provided below. Original signed copy to be kept at the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. Date Owner Owner This acknowledges the above notice was received, which establishes the completion date within sixty (60) days after issuance of permit approval: Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator Date Contractor Firm Name COMMUNITY DEVELOPMENT BLOCK GRANT MEMORANDUM OF UNDERSTANDING TO: Michelle Martin FROM: Ferline F. Mesidort, Neighborhood Services Administrator I1L'1111:1 SUBJECT: Community Development Block Grant Activities Housing Rehabilitation Forgivable Loan Award(s) According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities and approved by the City Commission, you are an eligible participant in the Housing Rehabilitation Program. This Memorandum is to confirm our previous conversations and offers. You have been awarded a forgivable loan in the amount of $36,637.23 for the rehabilitation of your home. All contractors' draws will require your signature and will be done according to specifications. Any unused funds remaining after the work is completed on your home, will be returned to the Rehabilitation Program. Inspection of work will be done by the City of Delray Beach's Building Department and the Neighborhood Services Division. Our priority will be to see that your house meets local housing and building code standards (including the HUD Section 8 Housing Quality Standards) and that hurricane protection measures are implemented to the extent that is practical and feasible. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1" Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION AGREEMENT APPLICANT/OWNER: Michelle Martin ADDRESS: 227 NW 141h Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: All of Lot 19 and the North FORTY 940') feet of Lot 20, Block "A", CARVER MEMORIAL PARK, according to the Plat thereof, as recorded in Plat Book 20, Page 56, of the Public Records of Palm Beach County, Florida. P I D # 12-43-46-17-36-001-0190 CASE NO: 13-460 I do hereby certify that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach Neighborhood Services Division Community Development Block Grant to bring my property to a level meeting the minimum property standard. I further grant the City of Delray Beach and its authorized staff members, contractors and subcontractors permission to carry out rehabilitation work and repair work on my property in compliance with the property rehabilitation standards of its Community Development program. I authorize the City to act as my agent in contracting, supervising and inspecting this rehabilitation work. I understand that the City of Delray Beach is acting only as agent in the contractual agreements and is not responsible for the quality and warranty of the work and has no legal responsibilities in the agreement. I agree to provide information necessary for grant administration and monitoring, to be available for necessary conferences and decisions, to sign -off on the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for fifteen (15) years following project close-out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the day of 2025. The anniversary date shall be the first day of : in each year following the completion of activities financed by the forgivable loan. I agree that if during the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of $20,000 to $37,000), the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1" Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION AGREEMENT I agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring during the authorized rehabilitation work. I agree that the forgivable loan amount of Thirty -Six Thousand Six Hundred Thirty -Seven Dollars and 231100 Cents ($36,637.23) is the amount of the rehabilitation contract, including any change orders approved by the City, and the cost of any related work performed under this agreement. In the event that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under this agreement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in resolving the question or dispute. I have reviewed the specifications and they meet with my approval. I further agree that there will be no changes in the specifications, unless needed to satisfy a minimum housing code violation. Date Owner Co -Owner Date Ferline F. Mesidort Neighborhood Services Administrator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 20 by (SEAL) who is personally known to me or produced identification. Signature of Notary -2- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION PROGRAM CONTRACT THIS AGREEMENT made this day of 2015, by and between Cordoba Construction Co., herein after called the "Contractor" and Martha Livingstone, hereinafter referred to as the "Owner(s)". WHOSE residence and project address is: 429 SW 151h Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 6, Block 3, Carver Park, according to the Plat thereof in file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 27, Page 55. P I D # 12-43-46-17-41-003-0060 follows: WITNESSETH, that the Contractor and the Owner for the considerations stated herein mutually agree as ARTICLE I - Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenance thereto and perform and complete all work in accordance with the contract documents as prepared by the City of Delray Beach. ARTICLE 2 - The Contract Price. The Owner shall pay the Contractor for the performance of the contract in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of: Thirty -Three Thousand Seven Hundred Ten Dollars and 001100 Cents ($33,710.00) ARTICLE 3 - Method of Payment. Upon request of the Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All payment requests will require owner's signature. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION - CONTRACT However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. Final payment will be made after: The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property owner harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The contractors and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission during performance under this agreement). 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this contract and does not have any responsibilities under this contract either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the -2- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION - CONTRACT performance by the Contractor is unsatisfactory or unacceptable for any reason; the Contractor agrees to correct any deficiencies at no additional cost to the City. ARTICLE 4 - The Contractor will guarantee that all work performed is free from defects for a period of one year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible. ARTICLE 5 - The Contract. The executed contract documents shall consist of the following: a. This Contract b. Instructions to Bidders C. Signed Copy of Bid d. General Specifications e. Special Conditions f. Technical Specifications g. Drawings ARTICLE 6 - Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTICLE 7 - Statement of Non-discrimination. The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. -3- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION - CONTRACT ARTICLE 8 - Dispute Resolution. All internal disputes between the Owners and Contractor arising out of or related to the work shall be decided by Program Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this ARTICLE 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provisions in any component part, the provision of the component part first enumerated in this ARTICLE 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in three (3) original copies on the day and year first above written. -4- CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION - CONTRACT Owner Signature Owner Signature ATTEST: Contractor Signature Contractor Firm Name CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE #: BID #03-2015NS APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS DATE OF BID OPENING: GENERAL CONTRACTORS Abisset Corporation All Phase Roofing Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. Donclay Construction Inc. JIJ Construction Corp. M&A Builders, LLC Ray Graeve & Sons Construction, Inc. South Florida Construction Services, Inc. SRJ Construction Corporation Starmark Properties Inc. In -House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT: 5% Contingency Lead Inspection Lead Clearance Termite Inspection Termite Treatment Recording Fees GRANT CONTRACT AMOUNT FUNDING SOURCE: Account # Martha Livingstone 429 SW 15th Avenue June 5, 2015 July 2, 2015 BID AMOUNT BID BOND $ 30,839.50 Cordoba Construction Co. $ 33,710.00 $ 1,685.50 $ 35,395.50 425.00 N/A 1,026.00 19.10 36,865.60 Community Development Block Grant (CDBG) 118-1963-554-49.19 COMMENTS: Staff recommends awarding to lowest responsive bidder. Note Items 10 and 17 were removed from the scope of work to comply with project funding requirements. e9op�o^o0 V 4 2"'4,o� 0) 0) 0) 0) U U N N O O Q Q t t T T Q Q E E O O U U O O N N N N N N E E N N C C J J x x 0 0 0 w 0 asap 0 0 0 0 0 a 0 0 0 0 0 00 N C O Z LiiW : c O > LD n Q LU D Z L W O Z ~ LD W Z O O O O O O O O O W I- Q O O O U) U) O N O O m O Q m m m O V N O O 0) 0) 0) 0) U U N N O O Q Q t t T T Q Q E E O O U U O O N N N N N N E E N N C C J J x x 0 0 0 w 0 0 0 0 0 0 0 a 0 0 0 0 0 00 o O Z LiiW 000000000000000000 LU D Z W Z ~ y W Z O O O O O O O O O W O Q O O O O O O O O m O Q m m 0) 0) 0) 0) U U N N O O Q Q t t T T Q Q E E O O U U O O N N N N N N E E N N C C J J x x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 o O 000000000000000000 00 0 O O O O O O O O O O O O O O O O O O O O o O O O N O O N O O O LO O O O O N V O O -:I- L LQ N L C) L V C) M N O) V V C- N a) V CV OO M CO M V U') N N — CI) O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O o 0 0 0 O o O 000000U')LO000LO000U-)Lo0 0U') O O LO 0 0 0 0 CO Il- O O Mrl- O O O N N LO O N N OO Or OO CO L O CO CO I� CO N N V V m CO V V U') N — CO CO N N N co CO EA Gf 6c3 613 Ef3 6c3 6c3 6c3 Ef3 6c3 613 6a Ef3 6c3 6c3 6c3 Ef3 EA Ef3 tf3 613 0 0 0 0 0 0 0 LO 0 0 LO 0 0 0 0 0 0 0 O O O O LO O O O O O I— (=, O N 0 0 0 0 0 0 0 O O LQ O (D CO 0 0U') CO O N U') 0 0 0 LO 0 LO N O 0') O V N CO N LO LO O V a) O O LO N M N O M M (= I-- N V� V Or I— O co N N O N V co U) V N N O co EA EA EA EA EA ef, Qq3 eq3 ea EA EA 6-3 EA 6-3 6f> 6'3 fA EA EA EA EA (n 0 a+ (n 0 Co U- co Q O i i U tm ate+ c Q O O CO c 0 �' X Q co 0-0 n U �_ U-• U o� Cn ca O c o c L U- 0 0 0 2: co O Zi i U� Co tm J CO J co 0 of O O O_ o —w O �0 .2 i (D CL O Q L Ct) O 1 7 (o .0 N .0 O H ~ 7 X f�E co co j W 2ZH co W W J Co �W �OODUQ2H co SCO co co co co co c co co co co co co co co CL 7 0 M 0 O 7 M c 0 0 M O 0 0 O (A U) O C c c = C W C C C C c Of U C c s 21 N co O O ; N M NEIGHBORHOOD SERVICES DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM NOTICE TO PROCEED APPLICATION NO: 13-461 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 429 SW 15th Avenue Delray Beach, FL 33444 Pursuant to the local guidelines set by the City of Delray Beach's Neighborhood Services Division Affordable Housing Rehabilitation Program and approved by the City Commission, you are hereby given Notice to Proceed with the work at the above referenced property within three (3) calendar days of The notice establishes that the work be completed within sixty (60) days of permit issuance. Please acknowledge receipt of this Notice to Proceed as provided below. Original signed copy to be kept at the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. Date Owner Owner This acknowledges the above notice was received, which establishes the completion date within sixty (60) days after issuance of permit approval: Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator Date Contractor Firm Name COMMUNITY DEVELOPMENT BLOCK GRANT MEMORANDUM OF UNDERSTANDING TO: Martha Livingstone FROM: Ferline F. Mesidort, Neighborhood Services Administrator I1L'1111:1 SUBJECT: Community Development Block Grant Activities Housing Rehabilitation Forgivable Loan Award(s) According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities and approved by the City Commission, you are an eligible participant in the Housing Rehabilitation Program. This Memorandum is to confirm our previous conversations and offers. You have been awarded a forgivable loan in the amount of $36,865.60 for the rehabilitation of your home. All contractors' draws will require your signature and will be done according to specifications. Any unused funds remaining after the work is completed on your home, will be returned to the Rehabilitation Program. Inspection of work will be done by the City of Delray Beach's Building Department and the Neighborhood Services Division. Our priority will be to see that your house meets local housing and building code standards (including the HUD Section 8 Housing Quality Standards) and that hurricane protection measures are implemented to the extent that is practical and feasible. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1" Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION AGREEMENT APPLICANT/OWNER: Martha Livingstone ADDRESS: 429 SW 151h Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 6, Block 3, Carver Park, according to the Plat thereof in file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 27, Page 55. P I D # 1243-46-17-41-003-0060 CASE NO: 13-461 I do hereby certify that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach Neighborhood Services Division Community Development Block Grant to bring my property to a level meeting the minimum property standard. I further grant the City of Delray Beach and its authorized staff members, contractors and subcontractors permission to carry out rehabilitation work and repair work on my property in compliance with the property rehabilitation standards of its Community Development program. I authorize the City to act as my agent in contracting, supervising and inspecting this rehabilitation work. I understand that the City of Delray Beach is acting only as agent in the contractual agreements and is not responsible for the quality and warranty of the work and has no legal responsibilities in the agreement. I agree to provide information necessary for grant administration and monitoring, to be available for necessary conferences and decisions, to sign -off on the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for fifteen (15) years following project close-out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the 1St day of 2025. The anniversary date shall be the first day of : in each year following the completion of activities financed by the forgivable loan. I agree that if during the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of $20,000 to $37,000), the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1" Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION AGREEMENT I agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring during the authorized rehabilitation work. I agree that the forgivable loan amount of Thirty -Six Thousand Eight Hundred Sixty -Five Dollars and 601100 Cents ($36,865.60) is the amount of the rehabilitation contract, including any change orders approved by the City, and the cost of any related work performed under this agreement. In the event that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under this agreement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in resolving the question or dispute. I have reviewed the specifications and they meet with my approval. I further agree that there will be no changes in the specifications, unless needed to satisfy a minimum housing code violation. Date Owner Co -Owner Date Ferline F. Mesidort Neighborhood Services Administrator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 20 by who is personally known to me or produced as identification. (SEAL) Signature of Notary -2- MEMORANDUM TO: Mayor and City Commissioners FROM: Donald Cooper, City Manager DATE: August 17, 2015 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 NOMINATIONS FOR APPOINTMENT AFFORDABLE HOUSING ADVISORY COMMITTEE BACKGROUND The term for regular members Ms. Rosanna Tartaro, Ms. Wanda Gadson, Ms. Regina Hands, Mr. Michael Williams and Mr. Kurt Heide expired on July 31, 2015. Ms. Gadson, Ms. Regina Hands and Mr. Williams will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Ms. Tartaro will have served an unexpired term, is eligible, and would like to be nominated for reappointment. Mr. Kurt Heide will have served one (1) full term and would not like to be nominated for reappointment. Nominations for appointment are needed for five (5) regular members to serve two (2) year terms ending July 31, 2017. However, only four (4) appointments will be made because there are only four (4) applicants at this time. On April 1, 2008, the Delray Beach City Commission adopted Resolution No. 12-08 establishing the Affordable Housing Advisory Committee for the purpose of recommending incentives for affordable housing to the City Commission. On January 17, 2012, Resolution No. 05-12 was adopted to allow the appointment of citizens engaged in the activity without regard to affordable housing if the City whether due to its small size, the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable housing. The Affordable Housing Advisory Committee shall consist of eleven (11) members that meet the following criteria: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) One citizen who is actively engaged as a for-profit provider of affordable housing. (f) One citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to Section 163.3174. (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. 0) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. 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 as follows: Term Expiration Date Commissioner/Mayor to appoint Cateoory July 31, 2017 (two year term) Deputy Vice Mayor Jacquet (Seat #2) A July 31, 2017 (two year term) Commissioner Katz (Seat #3) B July 31, 2017 (two year term) Commissioner Jarjura (Seat #4) C July 31, 2017 (two year term) Mayor Glickstein (Seat #5) D DISCUSSION This item is before the City Commission for nominations for appointment to the Affordable Housing Advisory Committee. TIMING OF THE REOUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for four (4) regular members to serve on the Affordable Housing Advisory Committee for two (2) year terms ending July 31, 2017. AFFORDABLE HOUSING ADVISORY COMMITTEE EXHIBIT A One citizen who is actively engaged in the residential home building industry in connection with affordable housing. A) Rosanna Tartaro Incumbent One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. B) Regina Hands Incumbent One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. C) Michael Williams Incumbent One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. D) Wanda Gadson Incumbent AFFORDABLE HOUSING ADVISORY COMMITTEE 7/15 TERM REGULAR MEMBERS OCCUPATION POSITION EXPIRES FILLING 07/31/2015 Rosanna Tartaro Chief Operating Residential home Unex Appt 09/16/14 Officer building 07/31/2015 Wanda Gadson Executive Director Advocate for low Appt 07/25/13 income persons 07/31/2015 Regina Hands Senior Credit Banking or Mortgage Unexp Appt 03/20/12 Analyst Banking Reg Appt 07/25/13 07/31/2016 Vacant Serves on local planning agency 07/31/2016 Susan Sims Registry Coach Represents essential Unexp Appt 03/20/12 services personnel Reg Appt 08/07/12 Reappt07/15/14 07/31/2015 Mike Williams, Vice Chair Associate Exec Areas of labor Unexp Appt 03/20/12 Director/Family actively engaged in Reg Appt 07/25/13 Services home building 07/31/2016 Pearl Markfield-Elrod Real Estate Real Estate Appt 09/16/14 Professional 07/31/2016 Colson Zulmar Produce Manager Citizen who resides Unexp Appt 03/20/12 within the Reg Appt 08/07/12 Reappt07/15/14 urisdiction 07/31/2016 Dorothy Ellington Executive Director Represents employers Appt 08/07/12 within the Reappt07/15/14 jurisdiction 07/31/2016 Evelyn Dobson, Chair Engaged as a not-for- Unexp Appt 03/20/12 Operations profit provider of Reg Appt 08/07/12 Reappt07/15/14 Manager affordable housing 07/31/2015 Kurt Heide Mortgage Loan For-profit provider Appt 07/25/13 Originator of affordable housing Contact: Ferline Mesidort 243-7282 S/ City Clerk/Board 15/Affordable Housing Advisory Corn nittee �o i w c p N U 0 5 F z A � / 0 x ,� 4v 'O \hQn O O / p \ U W Q O z U 0 H a w zo �wwH�z� w ti N M O p 0 O O O O p o p 0 O O O p 0 O O O O p 0 O p � U 'C ¢Q", �C Yf-. Ami �C Yf-• ^�' � "��' Yf-. �C Yn-. �C CL CL �C CL %� CL CL �C N N � ��.y ~V~ YI A is � eC h+T•M � � ~ � � a Qn Qn Qn tom. � . •• s. s• eC � v, Qn � v � �o i w c p N U 0 5 F z A � / 0 x ,� 4v 'O \hQn O O / p \ U W Q O z U 0 H a w zo �wwH�z� w ti N M O p 0 O O O O p o p 0 O O O p 0 O O O O p 0 O p � U 'C ¢Q", �C Yf-. Ami �C Yf-• ^�' � "��' Yf-. �C Yn-. �C CL CL �C CL %� CL CL �C N N � ��.y ~V~ YI A is � eC h+T•M � � ~ � � a Qn Qn Qn tom. � . •• s. s• eC � v, Qn MEMORANDUM TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: August 19, 2015 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 NOMINATIONS FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD BACKGROUND The term for regular members, Ms. Andrea Sherman, Mr. Samuel Spear and Mr. Ronald Brito will expire on August 31, 2015. Mr. Samuel Spear and Mr. Ronald Brito will have served two (2) full terms and are not eligible for reappointment. Ms. Andrea Sherman will have served an unexpired term, is eligible, and would like to be nominated for reappointment. Nominations for appointment are needed for three (3) regular members to serve two (2) year terms ending August 31, 2017. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following individuals have submitted applications and would like to be nominated for appointment: (Applications are in alphabetical order; however, the applicants are placed in their respective categories.) (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 Vice Mayor Petrolia (Seat #1), Deputy Vice Mayor Jacquet (Seat #2) and Commissioner Katz (Seat #3) for three (3) regular members to serve two (2) year terms ending August 31, 2017. DISCUSSION This item is before the City Commission for nominations for appointment to the Historic Preservation 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 Historic Preservation Board for two (2) year terms ending August 31, 2017. HISTORIC PRESERVATION BOARD EXHIBIT A Applicants with experience in the professions required: Linda Albright Real Estate Associate Ana Maria Aponte Certified Planner / Urban Designer Kelly Barrette Art Dealer and Design (also applying for the Site Plan Review and Appearance Board and the Planning & Zoning Board) William (Bill) Bathurst Real Estate Broker and consultant Shannon Dawson Real Estate Associate (also applying to the Site Plan Review and Appearance Board and Planning & Zoning Board) Kat Kadian-Baumeyer Real Estate Associate (also applying to the Site Plan Review and Appearance Board and Planning & Zoning Board) John Klein Registered Architect — Owns a home in the Historic District Juliet Robinson Real Estate Associate Jesse Saginor Urban Regional Planning Professor Andrea Sherman Interior Designer / Incumbent Harold Van Amem Commercial Real Estate and Developer (also applying to the Site Plan Review and Appearance Board) Maxwell Van Amem Real Estate Associate (also applying to the Planning & Zoning Board) Scott Wheeler Real Estate Associate Applicants interested in being a Layperson: Saralyn Buzen Retired — Educator / Business Owner Philip Friedman Financial Aid -Assistant Director Andrea Harden Retired — Owns a home in the Historic District Adam Reback Government Operations (currently serving on the Nuisance Abatement Board) HISTORIC PRESERVATION BOARD 8/15 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2016 Angela Budano Land Planning/ Appt 08/05/14 Event Coordinator 08/31/2015 Ronald Brito, 2nd Vice Chair General Contractor Appt 08/16/11 President Reappt10/01/13 08/31/2016 John Miller, Vice Chair Merchandising Unexp Appt 08/20/13 Director Reappt08/05/14 08/31/2016 Rhonda Sexton Housing & Interior Reg Appt 10/21/14 Design /Certified General Contractor 08/31/2016 Price Patton Journalism Appt 08/05/14 08/31/2015 Andrea Sherman Interior Unexp Appt 07/01/14 Designer 08/31/2015 Samuel Spear, Chair Computer Appt 09/06/11 Consultant Rea t08/20/13 Contact: Diane Miller X 7041 S/City Clerk/Board 15/Historic Preservation Board ii CC MEMORANDUM TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: August 19, 2015 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 NOMINATIONS FOR APPOINTMENT TO THE PLANNING & ZONING BOARD BACKGROUND The term for regular members, Mr. Christopher Davey, Mr. Gerald Franciosa and Mr. Robin Bird will expire on August 31, 2015. Mr. Gerald Franciosa will have served two (2) full terms and is not eligible for reappointment. Mr. Christopher Davey and Mr. Robin Bird will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Nominations for appointment are needed for three (3) regular members to serve two (2) year terms ending August 31, 2017. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. In addition, the City Commission shall fill four seats on the Board with either an architect, landscape architect, realtor/real estate broker, engineer, developer, general contractor, land planner or land use attorney. The remaining three seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to 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. Dorota Szwen and Mr. Maxwell Van Arnem. 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) for three (3) regular members to serve two (2) year terms ending August 31, 2017. DISCUSSION This item is before the City Commission for nominations for appointment to the Planning and Zoning 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 Planning and Zoning Board for two (2) year terms ending August 31, 2017. PLANNING & ZONING BOARD EXHIBIT A Kelly Barrette Art Dealer and Design (also applying for the Historic Preservation Board and the Site Plan Review and Appearance Board) David Beale Attorney (also applying to the Site Plan Review and Appearance Board) Robin Bird Planning and Zoning Director / Incumbent Christopher Davey Real Estate Broker / Incumbent (also applying to the Site Plan Review and Appearance Board) Shannon Dawson Real Estate Associate (also applying for the Historic Preservation Board and the Site Plan Review and Appearance Board) LeAnne DeRigne Educator (currently serving on the Police Advisory Board) Frank Frione Chief Executive Officer of an Engineering Consulting Firm (currently serving on the Green Implementation Board and also applying to the Site Plan Review and Appearance Board) Kat Kadian-Baumeyer Real Estate Associate (also applying to the Historic Preservation Board and the Site Plan Review and Appearance Board) William Morris Real Estate Developer / Self-employed (also applying to the Site Plan Review and Appearance Board) Christina Morrison Self-employed / Commercial Realtor (also applying to the Site Plan Review and Appearance Board) Andrew O'Brien Real Estate Associate & Broker / General Contractor (also applying to the Site Plan Review and Appearance Board) Joycelyn Patrick Retired Real Estate Associate Kenneth Peltzie Health Administrator / Self-employed Brett Porak General Contractor / Urban Planning / Real Estate Associate (also applying to the Site Plan Review and Appearance Board) Ana Puszkin-Chevlin Urban Planning and Development Consultant / Self-employed Louis Smith Merchandising / Sales (also applying to the Site Plan Review and Appearance Board) Terra Spero Marketing (currently serving on the Site Plan Review and Appearance Board) Dorota Szwen Architect Maxwell Van Arnem Real Estate Associate (also applying to the Historic Preservation Board) PLANNING AND ZONING BOARD 08/15 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2016 Jay Jacobson Real Estate Appto8/05/14 Investment/ Architect 08/31/2016 Mark Krall, I" Vice Chair Attorney Appt08/05/14 08/31/2016 Joseph Pike Civil Engineer Appt08/05/14 08/31/2015 Christopher Davey, Vice Chair Real Estate Broker Appt08/20/13 08/31/2016 Steve Mackey Broker Real Estate Appt10/21/14 08/31/2015 Gerald Franciosa Accounting/Retired Appto8/16/11 Law Enforcement Reappt 10/01/13 08/31/2015 Robin Bird, Chair Planning & Zoning Unexp Appt 4/16/14 Director Contact: Diane Miller x-7041 S/City Clerk/Board 15/Planning & Zoning MEMORANDUM TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: August 19, 2015 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 NOMINATIONS FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD BACKGROUND The term for regular members, Ms. Terra Spero and Ms. Alice Finst will expire on August 31, 2015. Ms. Terra Spero and Ms. Alice Finst will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Nominations for appointment are needed for two (2) regular members to serve two (2) year terms ending August 31, 2017. To qualify for appointment, a person shall either be a resident of or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, sign contractor, land planner, or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to 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. Based on the rotation system, the nominations for appointment will be made by Commissioner Jar ura (Seat #4) and Mayor Glickstein (Seat #5) for two (2) regular members to serve two (2) year terms ending August 31, 2017. DISCUSSION This item is before the City Commission for nominations for appointment to the Site Plan Review and Appearance Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for two (2) regular members to serve on the Site Plan Review and Appearance Board for two (2) year terms ending August 31, 2017. SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT A Applicants with experience in the professions required: Kelly Barrette Art Dealer and Design Professional (also applying for the Historic Preservation Board and the Planning & Zoning Board) Christopher Davey Real Estate Broker (Currently serving on the Planning & Zoning Board) Shannon Dawson Real Estate Associate (also applying to the Planning & Zoning Board and the Historic Preservation Board) Vlad Dumitrescu Registered Architect Frank Frione Chief Executive Officer of an Engineering Consulting Firm (currently serving on the Green Implementation Board and also applying to the Site Plan Review and Appearance Board) Kat Kadian-Baumeyer Real Estate Associate (also applying to the Historic Preservation Board and Planning & Zoning Board) Linda Lake Real Estate Associate William Morris Real Estate Developer (also applying to the Planning & Zoning Board) Christina Morrison Real Estate Broker / Commercial Realtor (also applying to the Planning & Zoning Board) Andrew O'Brien Real Estate Associate & Broker / General Contractor (also applying to the Planning & Zoning Board) Brett Porak General Contractor / Urban Planning / Real Estate Associate (also applying to the Planning & Zoning Board) Linda Purdo-Enochs Interior Designer / Real Estate Associate Annie Roof Attorney / Real Estate Broker Andrea Sherman Interior Designer (currently serving on the Historic Preservation Board) Harold Van Amem Commercial Real Estate and Redeveloper (also applying to the Site Plan Review and Appearance Board) Applicants for At Large Seat: David Beale Attorney (also applying for the Planning & Zoning Board) Joseph Cerola Product Design and Development Professional Alice Finst Retired Educator / Incumbent Cynthia Freeburn Business Owner (currently serving on the Green Implementation Advancement Board) Frederick Kaub Environmental Services — License Asbestos Consultant (currently serving on the Green Implementation Advancement Board) Leslie Marcus Certified Financial Analyst Louis Smith Merchandising / Sales (also applying for the Planning & Zoning Board) Terra Spero Marketing / Incumbent (also applying for the Planning & Zoning Board) Laura Sullivan Project Management SITE PLAN REVIEW AND APPEARANCE BOARD 08/15 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2016 Jose Aguila, Chair Architect Reg Appt 08/07/12 Reappt08/05/14 08/31/2016 James Chard Marketing & Reg Appt 08/05/14 Planning Consultant 08/31/2015 Terra Spero, Vice Chair Reg Appt 09/03/13 Citizen -at -Large 08/31/2016 Andrew Youngross Engineering Appt 08/05/14 Consultant 08/31/2015 Alice Finst Educator Unexp Appt 01/03/12 Appt 10/01/13 08/31/2016 Roger Cope, I' Vice Chair Architect Unexp Appt 06/17/14 08/31/2016 James Knight Real Estate Unexp Appt 05/15/12 + 2 yrs Broker/General Reappt08/05/14 Contractor Contact: Diane Miller, X-7040 S/City Clerk/Board 15/SPRAB W� Q� � N HN o� aN w �N N �N N a a a a a a a tiN a � a a a a a � O O M \O O M 0 0 0 �p 00 O O O O p O O O O 0 x. MEMORANDUM TO: Mayor and City Commissioners FROM: Marjorie Ferrer, Executive Director, Downtown Development Authority THROUGH: Donald B. Cooper, City Manager DATE: August 3, 2015 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 RESOLUTION NO. 46-15 (TENTATIVE MILLAGE LEVY/DDA) BACKGROUND Resolution No. 46-15 tentatively levies a tax in the amount of 1.0000 mil on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2016. The proposed millage rate of 1.0000 for the DDA is the same as FY 2015 and is greater than then rolled back rate (0.9008) by 11.01%. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City Of Delray Beach is $728,127,037. A copy of the DDA Budget for 2016 is attached. Final adoption of the DDA tax levy for FY 2016 is scheduled for September 15, 2015. RECOMMENDATION Recommend approval of Resolution No. 46-15 Tentative DDA Millage Rate for FY 2016. RESOLUTION NO. 46-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.0000 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2015, and ending September 30, 2016. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $728,127,037. The tentative operating millage rate of $1.000 per one thousand dollars ($1,000.00) is more than the rolled -back rate of $0.9008 per one thousand dollars ($1,000.00) by 11.01%. Section 2. That the above tentative millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That a public hearing was held on the proposed budget on September 3, 2015. PASSED AND ADOPTED in regular session on this the 3rd day of September, 2015. MAYOR ATTEST: City Clerk RES. NO. 46-15 DDA AMENDED BUDGET 2014/2015 & PROPOSED BUDGET 2015/2016 Top Line Report As of June 30th, 2015 Updated 6/5/2015 - Revised 7/13/15 Approved Budget 2014-15 Amended Budget 2014-15 Proposed Budget 2015-16 Revenues: _ 612,748 61,000 621,828 90,143 692,831 62,000 AD VALOREM TAXES & INTR. SPONSORSHIP RAISED Total Revenues Expenditures DEVELOPMENT DDA DISTRICT ECONOMY TOTAL MARKETING DDA DISTRICT 673,748 711,971 754,831 210,943 49,759 45,320 60,000 366,022 224,403 39,446 38,560 302,409 673,748 668,431 233,114 46,638 71,523 61,325 412,599 219,688 36,271 38,095 294,055 711,971 706,654 245,300 56,950 90,000 50,000 442,250 227,440 39,413 38,800 305,653 754,831 747,903 RESEARCH and ECONOMIC DEVELOPMENT PLACE MAKING DDA DISTRICT GRANTS TOTAL BUSINESS DEVELOPMENT Payroll Expenses Operational Expenses Office Expenses Total Admin. Expenses Total Revenues Less Total Expenses Net Income for year 5,317 61,000 0 5,317 90,143 6,928 62,000 Raised Revenues - Private SPONSORSHIP RAISED IN KIND REVENUES Total Raised Revenues 61,000 90,143 62,000 Updated 6/5/2015 - Revised 7/13/15 1 2 3 4 A Revenue & Expenses Actual 2013-14 Approved Budget 2014-15 Amended Budget 2014-15 Proposed Budget 2015-16 REVENUES 612,638 110 621,718 110 692,721 110 AD VALOREM TAXES & INTR. 1 Ad Valorem Taxes 570,991 2 Interest earned 451 3 AD VALOREM TAXES & INTR. 571,442 612,748 621,828 692,831 SPONSORSHIP RAISED 25,000 36,000 17,650 6,243 25,250 36,000 5,000 26,000 36,000 4 Sponsorship Income - Marketing 9,250 5 Miscellaneous Income 3,788 6 Guide Book Income 22,050 7 Howard Alan 36,000 8 Other Legacy Partners 30,000 9 SPONSORSHIP RAISED 101,088 61,000 90,143 62,000 10 TOTAL REVENUES 672,530 673,748 711,971 754,831 Expenditures DEVELOPMENT DDA DISTRICT ECONOMY 25,000 1,600 3,300 11,359 10,000 159,684 25,250 2,047 3,354 8,727 12,500 13,810 167,426 26,000 2,100 3,500 13,800 18,900 25,000 156,000 MARKETING DDA DISTRICT TOTAL 11 Downtown Guide Book 22,391 12 Visitor Info. Centre Phone & Utilities 1,789 13 Visit Florida Welcome Centers 3,259 14 Website Design & Update 8,418 15 Public Relations & Communication 16 Other Misc. Advertising expenses 14,374 17 DDA Business Program Marketing 217,091 18 TOTAL MARKETING DDA DISTRICT 267,322 210,943 233,114 245,300 19 RESEARCH and ECONOMIC DEVELOPMENT 16,705 49,759 45,320 46,638 71,523 56,950 90,000 20 PLACE MAKING 22,361 TOTAL DEVELOPMENT DDA DISTRICT ECONOMY 306,387 306,022 351,274 392,250 DDA DISTRICT GRANTS 5,000 5,000 30,000 20,000 5,000 5,000 30,000 21,325 5,000 15,000 30,000 0 21 Pineapple Grove 5,000 22 West Atlantic 5,000 23 Chirstmas Tree Partnership 40,000 24 Christmas Tree Maintenance 25 TOTAL DDA DISTRICT GRANTS 50,000 60,000 61,325 50,000 26 TOTAL BUSINESS DEVELOPMENT 356,387 366,022 412,599 442,250 Expenditures Office/Administrative 180,253 15,986 13,051 1,027 14,086 177,434 14,222 13,051 895 14,086 182,536 14,540 13,051 895 16,418 27 DDA Payroll 175,002 28 P/R Taxes,SUTA,FUTA 13,815 29 Health Insurance 15,934 30 Worker's Comp, Ins 978 31 Retirement 13,676 32 Payroll Expenses 219,406 224,403 219,688 227,440 33 Independent Contractor 533 25,000 6,800 0 6,800 0 6,800 34 External Audit Fees 6,800 35 Bookkeeping & Payroll Svcs 4,731 4,963 4,100 7,942 5,101 10,000 540 0 4,980 4,557 7,296 5,396 7,242 0 0 5,616 4,600 7,942 5,455 9,000 36 Dues, Subscriptions 4,240 37 Board Liability Ins + Office Contents 6,780 38 Property Appraiser Fee 4,357 39 Conferences Travel Meetings 14,732 40 Legal Fees 0 41 Deferred Expenses 0 42 Operational Expenses 42,173 39,446 36,271 39,413 43 Car allowance 3,600 3,900 5,820 8,440 2,400 18,000 3,600 5,736 7,537 3,182 18,041 3,600 6,000 8,000 3,200 18,000 44 Phones 5,863 45 Office Supplies & repairs etc 8,573 46 Postages & Printing 2,421 47 Office rental 16,800 48 Office Expenses 37,258 38,560 38,095 38,800 49 Total Office/Administrative 298,836 302,409 294,055 305,653 50 Total Revenues 672,530 673,748 668,431 711,971 706,654 754,831 747,903 51 Less Total Expenses 655,224 52 Net Income for year 17,306 5,317 5,317 6,928 53 In Kind Revenues 135,659 Updated 6/5/2015 -Revised 7/13/15 MARKETING DDA DISTRICT TOTAL Approved Budget 2014-15 Amended Budget 2014-15 Proposed Budget 2015-16 DDA BUSINESS PROGRAM MARKETING TOTAL CREATIVE & BROCHURE PRINTING TOTAL LOCAL PRINT ADVERTISING TOTAL INTERNET ADVERTISING TOTAL MEDIA ADVERTISING TOTAL LOCAL/REGIONAL/NTL PUBLICATIONS RETAIL PROMOTIONS 38,000 12,400 29,000 25,950 271529 26,805 38,110 8,010 26,900 30,675 22,533 41,198 31,500 12,000 30,000 30,500 22,000 30,000 4 7 11 15 25 26 27 SUB TO MARKETING DDA DISTRICT 159,684 167,426 156,000 28 LESS EXPS - SPONSOR TO BE RAISED TOT MARKETING DDA DISTRICT EXPENSES BUDGET 0 159,684 (23,893) 143,533 156,000 29 Updated 6/5/2015 - Revised 7/13/15 1 2 3 4 6 - MARKETING DDA DISTRICT TOTAL Actual 2013-14 Approved Budget 2014-15 Amended Budget 2014-15 Proposed Budget 2015-16 DDA BUSINESS PROGRAM MARKETING 31,000 2,000 5,000 31,072 2,301 4,737 25,000 1,500 5,000 CREATIVE & BROCHURE PRINTING 1 All Creative 44,115 2 Monthly Web Updates 7,243 3 Printing - Brochure 7,403 4 TOTAL CREATIVE & BROCHURE PRINTING 58,761 38,000 38,110 31,500 5 LOCAL PRINT ADVERTISING 12,400 8,010 12,000 6 Newspapers 9,247 7 TOTAL LOCAL PRINT ADVERTISING 9,247 12,400 8,010 12,000 8 INTERNET ADVERTISING 28,000 1,000 26,900 0 30,000 9 Social Media Facebook etc. & Monthly Web 27,105 10 Public Relations 2,975 11 TOTAL INTERNET ADVERTISING 30,080 29,000 26,900 30,000 12 MEDIA ADVERTISING 21,000 4,950 15,150 15,525 18,000 12,500 13 TV5 -:15 spots - In-kind summer 21,099 14 Video Production 15 TOTAL MEDIA ADVERTISING 21,099 25,950 30,675 30,500 16 TOTAL MONTHLY CAMPAIGN 119,186 105,350 103,695 104,000 17 LOCAL/REGIONAL/NTL PUBLICATIONS 4,000 4,000 2,500 2,993 9,000 2,533 2,503 4,000 4,000 1,238 4,148 4,454 1,994 2,700 6,000 4,000 2,500 0 4,500 2,500 2,500 18 Delray Beach Magazine 6,000 19 Boca Magazine 4,000 20 Other Publications 23,617 21 Travel Guide to Florida - Annual 2,993 22 Horizon Travel Magazine - Wallstreet Journal & Canadian Edition 8,880 23 Visit Florida - Beach Magazine 21533 24 Publications - Creative 12,711 25 TOTAL LOCAL/REGIONAL/NTL PUBLICATIONS 60,734 27,529 22,533 22,000 26 RETAIL PROMOTIONS 37,171 26,805 41,198 30,000 27 SUB TOT MARKETING DDA DISTRICT 217,091 159,684 167,426 156,000 28 LESS EXPS - SPONSOR TO BE RAISED (13,038) (23,893) 29 TOT MARKETING DDA DISTRICT EXPENSES BUDGET 204,054 159,684 143,533 156,000 DOWNTOWN DEVELOPMENT AUTHORITY DDA Budget Highlights 2015-16 The corresponding line item numbers are listed at the left side. Overall budget is on Page A, Marketing DDA District Totals are broken out on Page B. DDA Revenue: 1- Ad Valorem Taxes increase: Increase in Tax revenue 2014-15 Amended Budget vs. 2015-16 Estimated Revenue +$71,003 4 - Sponsorship Income - Marketing: Co-op and retail promotion sponsorships to be raised are not been added to the proposed budget revenue and will only be added as they are received 5 — Miscellaneous Income to be raised will offset specific projects / printing and will not be added to the budget until received. Also, this line item will reflect any funds raised by outsourcing staff to consult other downtowns. All offsetting expenses will be shown in reflective individual expense line items 8- Legacy Partners - there is no proposed budget and funds will only be added to the budget as they are raised. DDA Expenditures: Development DDA District Economy 18 — Marketing DDA District Total: Total $ 245,300 32.5% of Total Revenue - Increase of $ 12,186 — Continue to market the DDA district through Downtown Guidebook / Visit Florida Welcome Centers & Airports / DDA Business Program Marketing / Redevelopment of website amortized over 3 years / Reclassified Public Relations Marketing Services from Administration to Total Marketing DDA District 19 — Research & Economic Development: Total $ 56,950 7.5% of total revenue - Increase of $ 10,312 - Continue with newsletter / Pedestrian counts / Cluster Study data collection and property owner & business update / Property Owner surveys and continue expanded Annual Report with video / Merchant and customer surveys / Reclassified the Data Collector services to Research & Economic Development 20 - Place Making : Total $ 90,000 12.0% of Total Revenue - Increase of $ 18,477 - Continue to support physical enhancements in the DDA district: Twinkle lighting plan and banner replacement strategy / Enhance holiday twinkle light program to 1-95 & Libby Wesley Plaza / Continue holiday lighting decorations throughout the DDA district/ Restaurant Green initiatives — recycling efforts / Employee Parking Strategy and messaging / Customer Parking information App. / Nighttime Ambassadors Program / RHI Plan completion / Collateral to support programs. 25 -- Total DDA District Grants: Total 50,000 6.6% of Total Revenue - Decrease of $ 11,325 - Increased contribution to WARC/ eliminated tree maintenance amount 26 - Total Business Development: Total $442,250 — 58.7% of Total Revenue - Increase of $ 29,651 48 - Office/ Protects Administration —Total $ 305,653 — 40.3% of Total Revenue - Increase of $ 11,598 27 - Payroll - 3% Increase - $ 5,102 — 2 full time / 1 part time staff — 24.2% of Total Revenue 31 - Retirement — increase $ 2,332 - increased Laura to 10% 32 -Total Payroll Expenses = $ 227,440 (payroll, taxes, insurance, workers comp and retirement) 30.1% of Total Revenue 33 — Independent Contractor - reclassified the Public Relations Marketing Services to Marketing DDA District; reclassified the Data Collector Services to Research & Economic Development 37 - Board Liability Insurance — Quote 5% Increase 39 - Conferences Meetings Travel —Increase $ 1,758 — planning on Board member attending IDA Conference with staff MEMORANDUM TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Lisa M. Herrmann, Planning, Budget and Control Manager THROUGH: Donald B. Cooper, City Manager DATE: August 3, 2015 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 RESOLUTION NO. 45-15 (TENTATIVE MILLAGE LEVY) BACKGROUND This item before Commission is Resolution No. 45-15 which tentatively levies a tax on all properties in the City of Delray Beach for FY 2016. The proposed millage rate for FY 2016 is 7.0611 which can still be reduced at the second budget hearing on September 15, 2015 when the final millage rate is adopted. The proposed FY 2016 operating millage is 7.0611 while the proposed FY 2016 debt service millage is 0.2756. The proposed operating millage is more than the rolled back rate (6.6408) by 6.33%. The total millage rate for FY 2016 (both operating and debt) is less than the total millage for FY 2015 by 0.1272 or 1.70%. The final operating and debt service millage rates will be determined by the City Commission on September 15, 2015. The assessed valuation on all taxable property within the City for operating purposes is $7,980,785,319. The assessed valuation for debt service is $7,983,883,436. The reason for the differential is the exemptions that were granted to the historic properties in the City. The apply to the operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. The final FY 2016 millage rate and budget are scheduled for adoption on September 15, 2015. RECOMMENDATION Recommend approval of Resolution No. 45-15 (Tentative Millage Levy for FY 2016). RESOLUTION NO. 45-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $7.0611 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2015, and ending September 30, 2016. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $7,980,785,319. The tentative operating millage rate of $7.0611 per one thousand dollars ($1,000.00) is greater than the rolled -back rate of $6.6408 per one thousand dollars ($1,000.00) by 6.33%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,090,511. There is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $0.2756 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2015, and ending September 30, 2016, upon the taxable property of the City of Delray Beach, the assessed valuation being $7,983,883,436. Section 3. That the above tentative millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. Section 4. That a public hearing was held on the proposed budget on September 3, 2015. PASSED AND ADOPTED in regular session on this the 3rd day of September, 2015. MAYOR ATTEST: City Clerk RES. NO. 45-15 MEMORANDUM TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Lisa M. Herrmann, Planning, Budget and Control Manager THROUGH: Donald B. Cooper, City Manager DATE: August 3, 2015 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 RESOLUTION NO. 47-15 TENTATIVE BUGET ADOPTION FOR FY 2016 BACKGROUND Resolution No. 47-15 provides for tentative appropriations of sums of money for all necessary expenditures of the City for the period from October 1, 2015 to September 30, 2016. The tentative FY 2016 budget appropriations are set forth in exhibit A of the attached Resolution No. 47-15. The tentative budget utilizes an operating millage rate of 7.0611 and a debt service millage rate of 0.2756. Final millage rates will be determined by the City Commission prior to final adoption of the budget on September 15, 2015. Any recommended amendments to Exhibit A will be addressed in the resolution for final budget adoption. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to adoption of the tentative budget. Final adoption of the budget for FY 2016 is scheduled for September 15, 2015. A preliminary version of the budget was distributed to the City Commission and available to the public in August and has not changed. Updates and revisions resulting from ongoing budget development will be presented at the September 3, 2015 meeting. RECOMMENDATION Recommend approval of Resolution No. 47-15 Tentative Budget Adoption for FY 2016. RESOLUTION NO. 47-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE I" DAY OF OCTOBER, 2015, TO THE 30`t' DAY OF SEPTEMBER, 2016; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby tentatively 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, 2015, and ending the 30ffi day of September, 2016, 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, 2015, and ending the 30''' day of September, 2016. 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, 2015, 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, 2015. 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, 2015. 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 therefore. 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 tentatively 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 a public hearing was held on the tentative tax levy and the tentative budget on September 3, 2015. passage. 2015. ATTEST: City Clerk Section 10. That this resolution shall become effective immediately upon its PASSED AND ADOPTED in regular session on this the 3rd day of September, MAYOR RES. NO. 47-15 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 RNANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES EXPEN DITU RES/EXPENSES: General Government Services Public Safety Physical Environment Transportation Economic Environment Human Services Culture & Recreation Debt Service Other Financing Uses TOTAL EXPENDITURES/EXPENSES M'11y 7 0611 0 2756 Reserves TOTAL EXPENDITURES AND RESERVES 1.0000 Exhibit A Budget Summary 14,369,360 DOWNTOWN 0 SPECIAL 14,369,360 GENERAL DEVELOPMENT ENTERPRISE REVENUE 62,186,060 FUND FUND FUNDS FUNDS TOTAL 3,866,300 3,654,720 0 4,095,240 0 7,749,960 53,535,470 0 0 0 53,535,470 2,090,340 0 0 0 2,090,340 50,000 0 0 0 50,000 0 692,831 0 0 692,831 1,440,000 0 0 0 1,440,000 6,070,000 0 0 0 6,070,000 3,981,000 0 0 0 3,981,000 10,347,200 0 1,700 0 10,348,900 8,231,250 0 67,750 789,680 9,088,680 11,751,000 0 42,640,310 0 54,391,310 971,850 0 0 121,250 1,093,100 7,923,190 62,000 396,260 1,697,210 10,078,660 3,963,400 0 112,000 1,081,620 5,157,020 110,354,700 754,831 43,218,020 3,689,760 158,017,311 114.009.420 754.831 47.313.260 3.689.760 165.767.271 14,369,360 0 0 0 14,369,360 62,064,810 0 0 121,250 62,186,060 519,080 0 29,637,450 0 30,156,530 3,866,300 0 0 0 3,866,300 9,151,840 747,903 0 2,469,020 12,368,763 47,750 0 0 52,000 99,750 13,673,270 0 4,043,650 934,750 18,651,670 3,689,790 0 2,756,230 0 6,446,020 3,767,220 0 9,170,110 300 12,937,630 111,149,420 747,903 45,607,440 3,577,320 161,082,083 2,860,000 6,928 1,705,820 112,440 4,685,188 114,009,420 754,831 47,313,260 3,689,760 165,767,271 MEMORANDUM TO: Mayor and City Commissioners FROM: Lisa Hartman, Utilities Financial Manager Jack Warner, Chief Financial Officer THROUGH: Donald B. Cooper, City Manager DATE: August 5, 2015 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2015 ORDINANCE NO. 19-15 (FIRST READING) BACKGROUND Sanitation service is provided in the City under terms of the Exclusive Franchise Agreement between City of Delray Beach, Florida and Southern Waste Systems, LLC for the Collection of Solid Waste and Recyclable Materials (Agreement). Section 38.3 CPI Adjustments to Collection Components of Rates, requires annual rate increases based on an inflation index. Consistent with this provision, this ordinance is before Commission for the first reading to amend Chapter 51 Garbage and Trash of the Code of Ordinances by modifying Section 51.70, Regular Charges Levied, to provide for increased residential and commercial collection service rates for Fiscal Year 2016. Residential garbage, recycling, yard trash, bulk trash and commercial fees are being amended: 1. Residential customer rates are increased by approximately 0.46% due to a corresponding increase in the Consumer Price Index (CPI). 2. Commercial customer rates are increased by the same CPI increase of 0.46%. All rate changes have been reviewed and approved by Southern Waste Systems LLC in accordance with the Agreement. These rates will go into effect October 1, 2015. TIMING OF THE REOUEST Timely approval will permit necessary preparation for rates to become effective October 1, 2015. RECOMMENDATION Recommend approval of Ordinance 19-15. a t5Recycling dSun Recycling AU 41 for Zero Waste TOILETS Southern Waste Systems August 6, 2015 Lisa Hartman Utilities Financial Manager City of Delray Beach 100 NW 1" Avenue Delray Beach, Florida 33444 Dear Lisa: Please find attached the franchise agreement rate sheets for October 1, 2015 through September 30, 2016. SWS agrees with the attached rate sheets. Please call me at 561-441-9095 should you have any questions. Sincerely, Tony Badala General Manager Southern Waste Systems tbadala@swsfi.com 2380 College Avenue, Davie, Florida 33317 • Phone: 1-888-800-7732 • Fax: 454-634-4011 • www soL thernwastesystems.com 0 Printed on post -consumer recycled paper I� N ,qr co C6 cM co v N N t} t). 1� N M � N N CF) r- t- T 00 M M IT N N h tfJ 14- co � It N N 00 M LO r C� 4 co 14 - co M N N V Cl) LO N LL O J Q U") cr, v x a a N N N N Q} LL J a C x � f0 J f- 7 LL G G C Q U V co M U -)N N O O z M � r.+ V O J O MLL N N N Q. O (D tll N '' O cri N 7 di E CO Q ❑E 3 2 NM G m x m 7 t4- OO -1) C V U 0 Q (3) CN 7 C A t9 CL Q a d 2, E J V1 LL to G � O E � N .2 } •� as N o a M C LS N d Q Q J O M U LL N N N U r co z Q O _1--r C O NII N qqr Q E OD —O N co co G x O U < C-4 � � w V , O L a a .5 a CDc -o E _ o o CD d Vi w � •� 'i ++ N E N eo I� N ,qr co C6 cM co v N N t} t). 1� N M � N N CF) r- t- T 00 M M IT N N h tfJ 14- co � It N N 00 M LO r C� 4 co 14 - co M N N V Cl) LO O � U") cr, v a a N N N N Q} C � J f- fA LL � C V co M U -)N N m O L! M � (a J O MLL N N N O (D N '' O N Q di E CO ❑E 2 NM G m x m D t4- OO -1) V U 0 Q (3) CN C a 2, La ro E N .2 } •� as N o a M C d N d o N N N U r co z Q i' m> - Ir N O N O N 1p d O N M LO LO O N O r r O h It LD r T T- D D O O V N N N O LP r M O N co N T w 2 E O Q1 m a� Ma SIDEWALK CANS: Contractor will pick up individual 30 -gallon cans along Atlantic Avenue, the beach area and Pineapple Grove. Out of a total of 104 containers, 84 do not have property control numbers and, therefore, the City is not charged for disposal costs by the Solid Waste Authority. The contractor does not charge the City for collection costs but should be paid for their disposal costs. Therefore the City will pay for the disposal costs associated with the waste collection services. The City will be billed $11,046.67 annually or $920.56 per month which is calculated as follows: 84 30 gallon containers picked up 6 times per week $42 per ton disposal rate charge by SWA = $2.81 per cubic yard 30 gallon container = .15 cubic yards 84 containers X .15 cubic yards X 6 pickups per week X 52 weeks X $2.81 = 11,046.67 SWA Rate Per Ton $ 42.00 i=Y15 Containers 84 Yards 0.15 Pickups 6 Weeks 52 Rate Per Yard $ 2.81 Annual Total $ 11,046.67 SWA Rate Per Ton $ 42.00 City of Delray Beach Commercial Rate Schedule Non -Compacted Yardage - Detail Pricing Pickups per Week Special Special 2- Cubic Yard 1 2 3 4 5 6 i Scheduled Unsceduled Collection Rate $ 38.71 $ 77.42 $ 116.13 $ 154,84 $ 193.55 $ 232.26 $ 270.97 Disposal Charge $ 24.33 $ 48.67 $ 73.00 $ 97,34 $ 121.67 $ 146.01 $ 170.34 Container Services $ - $ $ - $ - $ - $ - $ - Regulated Rates $ 63.04 $ 126.09 $ 189.13 $ 252.18 $ 315,22 $ 378.27 $ 441.31 $ 39.68 Franchise Fee $ 6.30 $ 12.61 $ 18.91 $ 25.22 $ 31,52 $ 37.83 $ 44.13 $ 3.97 Admin Fee $ 0 3 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0,35 $ 0,35 Total Fee $ 69.69 $ 139.05 $ 208,39 $ 277.75 $ 347.09 $ 416.45 $ 485.79 $ 43.65 3 -Cubic Yard Collection Rate $ 58.07 $ 116.14 $ 174.21 $ 232.28 $ 290.35 $ 348.42 $ 406.49 Disposal Charge $ 36.53 $ 73.06 $ 109.59 $ 146.12 $ 182,65 $ 219.18 $ 255.71 Container Services $ $ $ - $ - $ - $ - $ Regulated Rates $ 94 6C $ 189.20 $ 283.80 $ 378.40 $ 473.00 $ 567,60 $ 662,20 $ 46.96 Franchise Fee $ 9.46 $ 18.92 $ 28,38 $ 37.84 $ 47.30 $ 56.76 $ 66.22 $ 4.70 Admin Fee $ 0.35 $ 0.35 $ 0,35 $ 0,35 $ 0.35 $ 0.35 $ 0.35 Total Fee $ 104.41 $ 208.47 $ 312.53 $ 416,59 $ 520.65 $ 624.71 $ 728.77 $ 51,66 4 - Cubic Yard Collection Rate $ 77.42 $ 154,84 $ 232.26 $ 309.68 $ 387.10 $ 464.52 $ 541.94 Disposal Charge $ 4871 $ 97.41 $ 146.12 $ 194.83 $ 243.53 $ 292,24 $ 34095 Container Services $ - $ - $ - $ $ - $ - $ Regulated Rates $ 126.13 $ 252.25 $ 378.38 $ 504,51 $ 630.63 $ 756.76 $ 882.89 $ 54,24 Franchise Fee $ 12.61 $ 25.23 $ 37.84 $ 50,45 $ 63.06 $ 75.68 $ 88.29 $ 5.42 Admin Fee $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 Total Fee $ 139.09 $ 277,83 $ 416.57 $ 555.31 $ 694.04 $ 832.79 $ 971.53 $ 59.66 6 - Cubic Yard Collection Rate $ 116.13 $ 232.26 $ 348,39 $ 464.52 $ 580.65 $ 696,78 $ 812.91 Disposal Charge $ 73-06 $ 146.12 $ 219.18 $ 292.24 $ 365.30 $ 438.36 $ 511.42 Container Services $ - $ - $ - $ - $ - $ - $ - Regulated Rates $ 189.19 $ 378.38 $ 567.57 $ 756.76 $ 945.95 $ 1,135.14 $1,324.33 $ 68.80 Franchise Fee $ 18.92 $ 37.84 $ 56.76 $ 75.68 $ 94.60 $ 113.51 $ 132.43 $ 6.88 Admin Fee $ 0.35 $ 0,35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 Total Fee $ 208.46 $ 416.57 $ 624.68 $ 832.79 $ 1,040.90 $ 1,249.00 $1,457,11 $ 75,68 8 - Cubic Yard Collection Rate $ 154.84 $ 309.68 $ 464.52 $ 619.36 $ 77420 $ 929.04 $1,083.88 Disposal Charge $ 97.41 $ 194.83 $ 292.24 $ 389.65 $ 487.07 $ 584.48 $ 681.89 Container Services $ - $ - $ - $ - $ - $ - $ - Regulated Rates $ 252.25 $ 504,51 $ 756.76 $ 1,009,01 $ 1,261,27 $ 1.513.52 $1,765,77 $ 83.36 Franchise Fee $ 25.23 $ 50.45 $ 75.68 $ 100.90 $ 126.13 $ 151.35 $ 176.58 $ 8 34 Admin Fee $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 Total Fee $ 277.83 $ 555.31 $ 832,79 $ 11110.26 $ 1,387.75 $ 1,665.22 $1,942.70 $ 91.70 Franchised Rat rate per cubic yard: $ 4.47 Disposal charge per cubic yard: $ 2.81 Total regulated rate per cubic yard excludes FF. $ 7.28 Unscheduled Pick-up Includes Special Service Fee $ 25.12 Recyclable Materials in Mechanical Containers rate Per Cubic yard $ 4.47 City of Delray Beach Commercial Rate Schedule compacted Yardage - Detail Pricing Pickups per Week Special Special 2- Cubic Yard 4 2 3 4 5 B 7 Scheduled Unsceduled Collection Rate $ 48.41 $ 96.82 $ 14523 $ 193.64 $ 242.05 $ 290,46 $ 338,87 Disposal Charge $ 48.67 $ 97.34 $ 146,01 $ 194.68 $ 243.35 $ 292.02 $ 340,69 Regulated Rates 97.06 194 16 291.24 .3 485.40 582.48 679.56 47.54 Franchise Fee 9.71 19.42 29.12 38.8 4854 58.26 $ fi .96 4.75 Admin Fee $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 Total Fee 107,14 213.93 320.71 427.50 534.29 641.08 747.87 2.2 3 - Cubic Yard Collection Rate $ 72.61 $ 145.22 $ 217.83 $ 290.44 $ 363.05 $ 435,66 $ 508.27 Disposal Charge $ 73.00 $ 146.01 $ 219,01 $ 292.02 $ 365.02 $ 438.02 $ 511.03 Regulated Rates 145.61 281.23 436.84 582.46 28.07 873.68 $1,019.30 58.75 Franchise Fee S 14.6 29.12 43.68 58.2 2,81 87.37 101.93 8 Admin Fee $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 ToWFe2 160,52 320.70 480.87 641.Ofi 801.3 961.40 $1,121.58 64.63 4 - Cubic Yard Collection Rate $ 96.82 $ 193.64 $ 290.46 $ 387.28 $ 484.10 $ 580.92 $ 677.74 Disposal Charge $ 97.34 $ 194.68 $ 292,02 $ 389.35 $ 486.69 $ 564.03 $ 661.37 Regulated Rates S 194.16 388.2 2.48 6.63 970.79 1,164.95 $1.359 11 69.96 Franchise Fee 19.42 38.83 58.25 776 97,08 S 116.50 135.91 7.00 Admin Fee $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 Total Fee 213,93 427 60 641.8 854.64 S 1,068.22 1,281.0 $1,495.37 76.96 8 - Cubic Yard Collection Rate $ 145.23 $ 290.46 $ 435,69 $ 580.92 $ 726.15 $ 871.38 $1,016.61 Disposal Charge $ 146.01 $ 292.02 $ 438,02 $ 584.03 $ 730.04 $ 876.05 $1,022.05 Regulated Rates 291.24 582.48 87371 1,164L95 $ 1,456 19 1,747.43 $2,038.66 2.3 Franchise Fee 29.2 58.5 87.37 116,50 145.62 174.4 203.87 $ 9.24 Admin Fee $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 Total Fee 320.71 641,08 $ - WAT S 1,81.80 S 1,602.16 S 1,922.52 $2,242.88 101.62 8 - Cubic Yard Collection Rate $ 193.64 $ 387.28 $ 580,92 $ 774.56 $ 968.20 $ 1,161.84 $1,355.48 Disposal Charge $ 194.68 $ 389.35 $ 584,03 $ 778.71 $ 973.38 $ 1,168.06 $1,362.74 Regulated Rates 388.32 6. 1,164.95 1,55327 1,941, 8 2,32.0 $2.71822 S 114.80 Franchise Fee $ 38,83 $ 77.66 $ 116.50 $ 155.33 $ 194.16 $ 232.99 $ 271.82 $ 11.48 Admin Fee $ 0 3 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 Total Fee $ 427.50 $ 854,64 $ 1,281.80 $ 1,708.95 $ 2,136.09 $ 2,563.24 $2,990.39 $ 12628 Franchised fiat rate per cubic yard: $ 559 Disposal charge per cubic yard: $ 5.62 Total regulated rate per cubic yard excludes FF: $ 11.21 Unscheduled Pick-up Includes Special Service Fee $ 25.12 City of Delray Beach Governmental Non -Compacted Yardage - Detail Pricing Pickups per Week Special 2- Cubic Yard 1 2 3 4 5 6 7 Pick -Up Collection Rate $ 28,23 $ 56,46 $ 84.69 $ 112,93 $ 141.16 $ 169.39 $ 197.62 Oispcsal Charge S - $ - $ - $ - $ - $ $ - Container Services $ - $ - $ - $ - $ - $ $ - Regulated Rates $ 26.23 $ 56.46 $ 84.69 $ 112.93 $ 141.16 $ 169.39 $ 197.62 $ 6.52 Franchise Fee $ 2.82 $ 5.65 $ 8,47 $ 11.29 $ 14.12 $ 16.94 $ 1976, Admin Fee $ 0.35 $ 0.35 $ 0,35 $ 0.35 $ 0.35 S 0.35 $ 0.35 $ 0.35 Total Fee $ 31,40 $ 62.46 $ 93.51 $ 124.57 $ 155.63 $ 186.68 $ 217.73 $ 7,52 3 - Cubic Yard Collection Rate $ 42.35 $ 84.69 $ 127.04 $ 169.39 $ 211.74 $ 254.08 $ 296.43 Disposal Charge $ - $ - $ - $ $ - $ - $ - Container Services $ - $ - $ - $ $ - $ - $ - Regulated Rates $ 42.35 $ 84.69 S 127.04 S 169.39 $ 211.74 $ 254.08 $ 296,43 $ 9.78 Franchise Fee S 4.24 $ 8.47 $ 12,70 $ 16.94 $ 21.17 $ 25.41 $ 29.64 $ 0.98 Admin Fee $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0,35 $ 0.35 $ 0.35 $ 0.35 Total Fee S 4694 $ 93.51 $ 140.09 $ 186,68 $ 23126 S 279.84 $ 326.42 $ 11.11 4 -Cubic Yard Collection Rate $ 56.46 $ 112.93 $ 169.39 $ 225.85 $ 282.32 $ 338.78 S 39524 Disposal Charge $ - $ - $ - $ - $ $ - $ - Container Services $ - $ - $ - $ - $ - $ - $ - Regulated Rates $ 56.46 $ 112.93 $ 169.39 $ 225.85 $ 282.32 $ 338.78 $ 395-24 $ 13,04 Franchise Fee $ 5,65 $ 11.29 S 16.94 $ 22.59 $ 28,23 $ 33.88 $ 39 52 $ 1,30 Admin Fee $ 0.35 $ 0,35 $ 0.35 $ 0.35 $ 0,35 $ 0,35 $ 0.35 $ 0.35 Total Fee $ 62.46 $ 124.57 $ 186.68 $ 248.79 $ 310.90 $ 37301 $ 435.11 $ 14.69 6 -Cubic Yard Collection Rate $ 84.69 $ 169.38 $ 254.07 $ 338.76 $ 423.45 $ 505.14 $ 592,83 Disposal Charge $ - $ - $ - $ - $ - $ - $ Container Services $ - $ - $ - $ - $ - $ - $ Regulated Rates $ 84.69 $ 169.38 $ 254.07 $ 338,76 $ 423,45 S 508,14 $ 592.83 $ 19.56 Franchise Fee $ 8,47 $ 16,94 $ 25.41 $ 3388 $ 42.35 $ 50.81 $ 59.28 $ 1.96 Admin Fee $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 S 0.35 Total Fee $ 93.51 $ 186.67 $ 279.83 $ 372.99 $ 466.15 $ 559.30 $ 652.46 $ 21.87 8 - Cubic Yard Collection Rate $ 112,93 $ 225.86 $ 338,79 $ 451.72 $ 564.65 $ 677.58 $ 790.51 Disposal Charge $ - $ - $ - $ - $ - $ - $ - Container Services $ - $ - $ $ - $ - $ $ - Regulated Rates $ 112,93 $ 225,86 $ 338.79 $ 451.72 $ 564.65 $ 677,58 $ 790.51 $ 26.08 Franchise Fee $ 11,29 $ 22.59 $ 33.88 $ 45.17 $ 56.47 $ 67.76 $ 79.05 $ 2.61 Admin Fee $ 0.35 $ 0.35 $ 0.35 $ 0.35 S 0.35 $ 0.35 $ 0,35 $ 0.35 Total Fee $ 124.57 $ 248.80 $ 373.02 $ 497.24 $ 621.47 S 745.69 $ 869,91 $ 2904 Franchised collection rate per cubic yard: $ 3.26 Disposal charge per cubic yard: $ - Totaf regulated rate per cubic yard excludes FF: $ 3.26 Additional unscheduled pickups (Flat rate plus disposal): $ 9.78 Franchised collection rate in compactors per cubic yard(1.25 x collection rate $3.26, < 8 Cu Yds) ; $ 4.08 Recyclable Materials in Mechanical Containers rate Per Cubic yard $ 3.26 Collection of Garbage in 96 Gallon Container one time per week Rate per month $ 25,12 Collection of Recyclable Matenals in 96 Gallon Container one time per week Rate per month $ 25.12 Collection of Solid waste > 8 Cu. Yards- Rolf Off Compactor Per Pull NIC Collection of Solid waste in Roff Off Containers Per Pull NIC Cfarl Truck and Driver 5 Days per week Monthfy Charge $11,250.00 Residential Containerized Condos Exceeding Twice A week Service Nan -Compacted Yardage - Detail Pricing Pickups per Week Special Special 2- Cubic Yard 1 2 3 4 5 6 7 Scheduled Unscheduled Collection Rate $ $ $ 38.71 $ 77.42 $ 116.13 $ 154.84 $ 193.55 Disposal Charge $ $ $ - $ _ $ $ _ $ Container Services $ $ $ - $ _ $ _ $ _ $ Regulated Rates $ $ $ 38.71 $ 77.42 $ 116.13 $ 154.84 $ 193,55 $ 894 $ 34.06 Franchise Fee $ $ $ 3,87 $ 7.74 $ 11.61 $ 15.48 $ 19.36 $ 0.89 $ 3.41 Admin Fee $ $ $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 Total Fee $ $ $ 42.93 $ 85.51 $ 128.09 $ 170.67 $ 213.26 $ 9.83 $ 37.47 3 - Cubic Yard Collection Rate $ $ $ 58.07 $ 116.14 $ 174.21 $ 232.28 $ 290.35 Disposal Charge $ $ - $ - $ - $ _ $ _ $ Container Services $ $ $ - $ - $ _ $ _ $ Regulated Rates $ $ $ 58.07 $ 116.14 $ 174.21 $ 232.28 $ 290.35 $ 13.41 $ 38.53 Franchise Fee $ $ $ 5.81 $ 11.61 $ 17.42 $ 23,23 $ 29.04 $ 1.34 $ 3,85 Admin Fee $ $ $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 Total Fee $ $ $ 64.23 $ 128.10 $ 191,98 $ 255.86 $ 319,74 $ 1475 $ 42.38 4 - Cubic Yard Collection Rate $ $ $ 77.42 $ 154.84 $ 23226 $ 309.68 $ 387.10 Disposal Charge $ $ g $ _ $ _ $ _ $ _ Container Services $ $ $ $ _ $ - $ - $ _ Regulated Rates $ $ $ 77.42 $ 154,84 $ 232.26 $ 309.68 $ 387.10 $ 17.88 $ 43 00 Franchise Fee $ $ $ 7.74 $ 15,48 $ 23,23 $ 30.97 $ 38,71 $ 1.79 $ 4.30 Admin Fee $ $ $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 Total Fee $ $ $ 85.51 $ 170.67 $ 255.84 $ 341.00 $ 425.16 $ 19.67 $ 47.30 6 -Cubic Yard Collection Rate $ $ $ 116.13 $ 232.26 $ 348.39 $ 464.52 $ 580.65 Disposal Charge $ $ $ $ _ $ - $ _ $ _ Container Services $ $ $ $ _ $ _ $ _ $ _ Regulated Rates $ $ $ 116.13 $ 232.26 $ 348.39 $ 464.52 $ 580.65 $ 26,82 $ 51.94 Franchise Fee $ _-S_ $ 11.61 $ 23.23 $ 34.84 $ 46.45 $ 58.07 $ 2.68 $ 5.19 Admin Fee $ $ $ 0.35 $ 0.35 $ 0.35 $ 0.35 $ 0.35 Total Fee $ $ $ 128.09 $ 255.84 $ 383.58 $ 511.32 $ 639.07 $ 29.50 $ 57.13 8 - Cubic Yard Collection Rate $ $ $ 154.84 $ 309.68 $ 464.52 $ 619.36 $ 774.20 Disposal Charge $ $ $ - $ _ $ _ $ _ $ _ Container Services $ $ $ - $ _ $ _ $ _ $ _ Regulated Rates $ $ $ 154.84 $ 309.68 $ 464.52 $ 619.36 $ 774.20 $ 35.76 $ 60.88 Franchise Fee $ $ $ 15.48 $ 30.97 $ 46.45 $ 61,94 $ 77.42 $ 3.58 $ 6.09 Admin Fee $ $ $ 0.35 $ 0,35 $ 0.35 $ 0.35 $ 0,35 Total Fee $ $ $ 170.67 $ 341.00 $ 511.32 $ 681.65 $ 851.97 $ 39.34 $ 66.97 96 -Gallon Cart- Recycling i time per week 25.12 per month Commercial 95 -Gallon Cart Service Size Oescriplion Container Size Collection Rate Container Pickup Frequency (Per Week) Franchise Fee 21.10 21.10 21.10 21.10 21.10 Total Collection Fee 2:52 0 1 Rolloff Rate( includes franchise 2 3 4 5 6 96 -Gallon Cart Frequency 1 2 3 4 5 6 7 Commercial; cart Rollout >10 Ft $ 4.33 $ 8.66 $ 12.99 $ 17.32 $ 21,65 $ 25.98 $ 30.31 Collection Rate $ 25.12 $ 50.24 $ 75.36 $ 100.48 $ 125.60 $ 150.72 Disposal Charge $ 6.08 $ 12.16 $ 18.24 $ 24.32 $ 30.40 $ 36.48 Regulated Rates $ 31.20 $ 62.40 $ 93.60 $ 124.80 $ 156,00 $ 187.20 Franchise Fee $ 3.12 $ 6.24 $ 9,36 $ 1248 $ 15.60 $ 18.72 Admin Fee $ 0.35 $ 0.35 $ 0.35 $ 0,35 $ 0.35 $ 0.35 Total Fee $ 34.67 $ 68.99 $ 103.31 $ 137.63 $ 171.95 $ 206.27 96 -Gallon Cart- Recycling i time per week 25.12 per month COMMERCIAL ROLL -OFF RATES (ROLL OFF CONTAINERS & ROLL OFF COMPACTORS a a CUBIC YARDS) Size Oescriplion 10 1 20 30 40 Collection Rate 210.97 210.97 210.97 210.97 210.97 Franchise Fee 21.10 21.10 21.10 21.10 21.10 Total Collection Fee 2:52 0 Rolloff Rate( includes franchise fee per pull excludes disposal fee and franchise fee in drsposai) SPECIAL SERVICES Rates not to be Changed during Contract( monthly) Frequency 1 2 3 4 5 6 7 Commercial; cart Rollout >10 Ft $ 4.33 $ 8.66 $ 12.99 $ 17.32 $ 21,65 $ 25.98 $ 30.31 Commercial Dumpster Rollout $ 8.00 $ 16.00 $ 24.00 $ 32.00 $ 40.00 $ 48.00 $ 56.00 Unlocking Containers $ 5.85 $ 11.69 $ 17 54 $ 23.38 $ 29.23 $ 35.07 $ 40.92 Revised 7130115 Delray BeltchSanitdtiqn Rates Residential Service (Single Family Homes, Duplexes, Tripfexes, Quadplexes and Mobile Homes) Curbside Collection with Rollout Carts Monthly Service Garbage Collection Recycling Yard Waste Bulk Waste Total Fees -Contractor Administrative Fee Franchise Fees(S % of Contractor Fees) Total Fees Side -door Service (Owner Container) Monthly Service Garbage Collection Recycling Total Fees -Contractor Administrative Fee Franchise Fees($ % of Contractor Fees) Total Fees Curbside Collection with Disposable Bags Monthly Service Garbage Collection Recycling Yard Waste Bulk Waste Total f=ees -Contractor Administrative Fee Franchise Fees(5% cf ConVactor Fees) Total Fees Collection Service with Mechanical Containers( Multi. Family) Monthly Service Garbage Collection Recycling Total Fees -Contractor Adminlsirative Fee Franchise Fees(5% of Contractor Fees) Total Fees Residential Can Delivery Fee- Not to Exceed $25.00 (Per Sec. 39.9 of Frani Agreement) Commencal Rates Commerical Disposal Per Yard Based on 134 LBS Solid Waste Authority MSW Rate Per Tan FY15 CPI FY16 $ 457 $ 0.021 $ 4.59 $ 2,00 $ 0,009 S 2.01 $ 1.19 $ 0.005 $ 1.20 $ 1.19 $ 0.005 $ 1,19 $ 8.95 $ 0.041 $ 8.99 $ 0.35 $ - $ 0.35 $ 0.45 $ 0.00 $ 0.45 $ 9.75 $ 0.04 $ 9.79 FY15 CPI FY16 $ 11.00 $ 0.051 $ 11.05 $ 2.00 $ 0.009 $ 2.01 $ 13.00 $ 0.06 $ 13.06 $ 0.35 $ - $ 0.35 $ 0 B 0.00 $ 0.65 $ 14.00 - $ 0.06 $ 14.06 FY15 CPI FY16 $ 4.57 $ 0.021 $ 4.59 $ 2.00 $ 0.009 $ 2.01 $ 1.19 $ 0.005 $ 1,20 $ 1.19 $ 0.005 $ 1.19 $ 8.95 $ 0.04 $ 8.99 $ 0.35 $ - $ 0.35 0.45 $ 000 $ 0.45 E 9.76 $ 0.04 $ 9,79 FY15 CPI FY16 $ 2.95 $ 0.014 $ 2.96 $ 2.00 $ 0.009 $ 2.01 $ 4:95 $ 0.02 $ 4.97 It 0.35 $ - $ 0.35 $ 0.25 $ 0.00 $ 0.25 $ 5.55 $ 0.02 $ 6.57 FY15 $ 2.81 $ 42.00 City Collection Services (Additional Services) 40 Gallon Receptacle at Bus Shelter,Park, Other Location Trash Collection (2 Times per week -Per Exhibit 7 & 8) NIC 40 gallon Receptacle Collection Exhibit 11( 6 times per week) NIC 40 Gallon Recycling Container at Locations in Exhibit 11 of Recyclable Materials (2 Times per week ,rate per month -Per Exhibit 7,8 & 11) $ 4.57 ,inti 244.07 24520 1.12 0,460% 0.460% ORDINANCE NO. 19-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR NEW RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FISCAL YEAR 2016; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to t increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service, unless the City has approved a different type of service and then each unit/ development shall be billed in accordance with the type of service that it is receiving: Charges for the below -described collection service shall be as follows and shall commence when a certificate of occupancy is issued by the City for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes): Curbside Roll -Out Carts Monthly Service Cost Per Unit Garbage Collection $4 4.59 Recycling 2-.044 2.01 Yard Trash $44-9L1.20 Bulk Waste $1.19 Total FeesContractor8.99 Rear -Door Owner Container Monthly Service Administrative Fee .35 Franchise Fee (5%) 0.45 $2-.00- 2.01 Yard Trash Total Fees 9.79 Rear -Door Owner Container Monthly Service Cost Per Unit Garbage Collection $11.00 $11.05 Recycling $2-.00- 2.01 Yard Trash $0.00 Total Fees --Contractor x-00 13.06 Administrative Fee 0.35 Franchise Fee (5%) $0.65 Total Fees X14.00 14.06 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $4 4.59 Recycling $2,00 $2.01 Yard Trash $4-.4-9 1.20 Bulk Waste $1.19 Total Fees --Contractor Administrative Fee 35 ORD. NO. 19-15 Franchise Fee (5%) $0.45 Refuse Collection 2.96 Recycling 2.01 Total Fees 9.79 (B) Multi -Family Service Multiple -family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple -family monthly fees shall be based on a per-unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. If the Contractor furnishes the roll-out carts, as approved by the City, then a monthly fee of $1.00 per cart may be charged by the Contractor directly to the customer. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection 2.96 Recycling 2.01 Total Per -Unit Fee --Contractor 4.97 Administrative Fee 0.35 Franchise Fee (5%) $0.25 Total Monthly Fees Per Unit 5.57 (C) Commercial Service ORD. NO. 19-15 (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi -family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout Carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical Containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Mechanical containers emptied by mechanical means shall be provided by the contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container, shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container Container Pickup Frequency (Per Week) Size 1 2 3 4 5 6 7 2 Yard 38.54 77.07115.61 154.15 492.69 231.22 269.76 Collection 38.71 77.42 116.13 154.84 193.55 232.26 270.97 Disposal 24.33 48.67 73.00 97.34 121.67 146.01 170.34 Gent ftine Mffiftfeftffftee 9:4)44 9:4)44 9:4)44 4.44 9:4)44 9:4)44 4.44 Fee Total 62.E 125.74 488.61 251.49 314-36 377.23 440.10 Contractor 63.04 126.09 189.13 252.18 315.22 378.27 441.31 Fees Franchise Fee 6-.23 12.57 48.86 25.15 31.44 37.72 44.01 (10%) 6.30 12.61 18.91 25.22 31.52 37.83 44.13 Administrative .35 .35 .35 .35 .35 .35 .35 ORD. NO. 19-15 Fee Total Fees . r 1 6 2 276.99 5 415.30 6 69.69 139.05 208.39 277.75 347.09 416.45 485.79 3 57.8i Yard Collecti 115.62 173.43 231.24 289.05 346.86 404.67 58.07 116.14 174.21 232.28 290.35 348.42 406.49 on Disposal 36.53 73.06 109.59 146.12 182.65 219.18 255.71 Geftt ftifte n,r„:�ee 9:98 9:98 9:98 9:00 9:98 9:98 9:00 Fee Total 94.34 488.68 283.02 377.36 471.70 566-04 660.38 Contractor 94.60 189.20 283.80 378.40 473.00 567.60 662.20 Fees Franchise Fee 9:43 48.87 28838 37.74 47.47 56.60 66.-04 (10%) 9.46 18.92 28.38 37.84 47.30 56.76 66.22 Administrative35 .35 .35 .35 .35 .35 .35 Fee Fees 404.42 207.907 445.452 622.99 726.77 104.41 208.47 312.53 416.59 520.65 624.71 728.77 4 77.07 Yard Collecti454.44 539.49 77.42 154.84 232.26 309.68 387.10 464.52 541.94 on Disposal 48.71 97.41 146.12 194.83 243.53 292.24 340.95 Geftfftifte e 9498 9498 9498 9:09 9498 9498 9:09 Fee Total 425.73 254.55 377.33 503.44 egg 754.66 880.44 Contractor 126.13 252.25 378.38 504.51 630.63 756.76 882.89 Fees Franchise Fees 42.58 25.46 37.73 50.34 62.89 75.47 88.04 (10%) 12.61 25.23 37.84 50.45 63.06 75.68 88.29 Administrative35 .35 .35 .35 .35 .35 .35 Fee Total Fees 438.74 X06 445.44 2 830.48 3 139.09 277.83 416.57 555.31 694.04 832.79 971.53 ORD. NO. 19-15 ........ ......... ......... ............................................................. .............................................................. ............................................................... .............................................................. .............................................................................................................................. 6 Yard Collecti 116.13 232.26 348.39 464.52 580.65 696.78 812.91 on Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Geftt ftifte n,r„:�ee 9:98 9:98 9:98 9:00 9:98 9:98 9:00 Fee Total 488.67 ;77.;4 566.04 754.68 9^� 2 9 Contractor 189.19 378.38 567.57 756.76 945.95 1135.14 1324.33 Fees Franchise Fee 48-87 3 56.68 75.47 9 34 44 0 4 ;2.07 (10%) 18.92 37.84 56.76 75.68 94.60 113.51 132.43 Administrative35 .35 .35 .35 .35 .35 .35 Fee Total Fees 2nzv7.89 445.42 622.96 ¢ 5;. 208.46 416.57 624.68 832.79 1040.90 1249.00 1457.11 8 454.45 Yard Collecti ;0840 462.45 646.60 770.75 924.90 4079.05 154.84 309.68 464.52 619.36 774.20 929.04 1083.88 on Disposal 97.41 194.83 292.24 389.65 487.07 584.48 681.89 G eftfftifte "'�ff:�ee 9.4)8 9.4)8 9.4)8 9.0 9.4)8 9.4)8 9.0 Fee Total 254.56 5n� 754.69 4 n� 4257.82 8 4769-94 Contractor 252.25 504.51 756.76 1009.01 1261.27 1513.52 1765.77 Fees Franchise Fee 25.46 4 75.47 400.6; 425.78 450.94 476.09 (10%) 25.23 50.45 75.68 100.90 126.13 151.35 176.58 Administrative 35 .35 .35. 35 .35 .35 .35 Fee Total Fees 277.83 555.31 832.79 1110.26 1387.75 1665.22 1942.70 Commercial Compacting Containers ORD. NO. 19-15 Container Size Pickup Frequency (Per Week) 1 2 3 4 5 6 7 2 Yard Collection 48.15 48.41 96.38 96.82 144.45 145.23 192.60 193.64 240.75 242.05 288.90 290.46 337.05 338.87 Disposal 48.67 97.34 146.01 194.68 243.35 292.02 340.69 Total Contractor Fee 96.82 97.08 193.64 194.16 290.46 291.24 387.28 388.32 484.10 485.40 580.92 582.48 677.74 679.56 Franchise Fee 10% 969 9.71 49.36 19.42 29.05 29.12 38.73 38.83 48.41 48.54 58.03 58.25 67.77 67.96 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 106.85 107.14 213.35 213.93 349.86 320.71 426..36 427.50 532.86 534.29 639.36 641.08 745.86 747.87 3 Yard Collection 72.22 72.61 444.44 145.22 216.66 217.83 288.88 290.44 2'� 363.05 433.32 435.66 505.54 508.27 Disposal 73.00 146.01 219.01 292.02 365.02 438.02 511.03 Total ContractorFee 145.22 145.61 290.45 291.23 435.67 436.84 580.90 582.46 726.12 728.07 871.34 873.68 1016.57- .57-Contractor 1019.30 Franchise Fee 10% 4452 14.56 29.05 29.12 43-57 43.68 58.09 58.25 72.64 72.81 87.T3 87.37 404.66 101.93 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 460.09 160.52 349.85 320.70 479.59 480.87 639.34 641.06 799.08 801.23 958.82 961.40 4448.59 1121.58 4 Yard Collection 96.30 96.82 492.69 193.64 288.99 290.46 385.20 387.28 484.50 484.10 577.89 580.92 674.49 677.74 Disposal 97.34 194.68 292.02 389.35 486.69 584.03 681.37 Total Contractor Fee 493.64 194.16 387.28 388.32 580.92 582.48 774-55 776.63 968.49 970.79 4464.83 1164.95 1359.11 Franchise Fee 10% 49.36 19.42 38.73 38.83 58.09 58.25 77.46 77.66 96.82 97.08 446.48 116.50 435.5 135.91 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 243.35 213.93 426..36 427.50 639.36 641.08 852.36 854.64 4065.36 1068.22 4236 1281.80 4494.37 1495.37 6 Yard Collection 444.45 145.23 288.90 $290.46 433.35 435.69 577.80 580.92 722.25 726.15 866.70 871.38 4044.45 1016.61 Disposal 146.01 292.02 438.02 584.03 730.04 876.05 1022.05 Total Contractor Fee 290.46 291.24 580.92 582.48 874.37 873.71 4464.83 1164.95 4452.29 1456.19 4742.75 1747.43 2933.20 2038.66 ORD. NO. 19-15 Franchise Fee 10% 29.05 29.12 38.09 58.25 87.14 87.37 116.18 116.50 145.23 145.62 474.28 174.74 203.32 203.87 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 319.86 320.71 639.36 641.08 958.86 961.43 1278.36 1281.80 i 597.87 1602.16 1917.38 1922.52 2236..-87 2242.88 8 Yard Collection 492.68 193.64 385.20 387.28 577.80 580.92 770.40 774.56 9663.00 968.20 1155.68 1161.84 1348.20 1355.48 Disposal 194.68 389.35 584.03 778.71 973.38 1168.06 1362.74 Total Contractor Fee 387.28 388.32 77455 776.63 1161.83 1164.95 1553.27 1936.38 1941.58 2323.66 2329.90 2710.94 2718.22 Franchise Fee 10% 38.73 38.83 77.46 77.66 116.18 116.50 154.91 155.33 193.64 194.16 232.37 232.99 271.03 271.82 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 426.36 427.50 852.36 854.64 4278.36 1281.80 4704.37 1708.95 2439.37 2136.09 2556.38 2563.24 2982.38 2990.39 Commercial/Multi-Family Rolloff Containers: Commercial/Multi-Family Permanent Roll -Off Containers: Permanent open -top roll -off container: $34.00 Two hundred thirty-two dollars and seven cents $232.07 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee Compactors: Two hundred thirty- two dollars and seven cents $232.07 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee The rates for commercial collection service shall include all charges and fees for the rental of mechanical containers except compactors. The rate for leasing a compactor shall be negotiated by the contractor and the customer. 15 Yard $240.40-J210.97 20 Yard $240.40-J210.97 30 Yard $240.40-J210.97 40 Yard j $249-00 210.97 ORD. NO. 19-15 Excludes commercial recycling containers and construction/demolition debris. Commercial 96 -Gallon Cart Service (Does not apply to residential service) NOTE: The foregoing rates are based on forty-two dollars ($42.00) per ton ($2.81 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 244 2015. NOTE: City of Delray Beach buildings and locations shall be charged the City Collection Service rate, but shall not be charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA. The Contractor shall be allowed to charge the Rates for Special Collection Services, as set forth in Exhibit 3D -of the Franchise Agreement, if the Contractor performs any of the services listed on the special services exhibit. The City's franchise fee shall be applied to these rates. 9 ORD. NO. 19-15 Pickups Per Week 1 2 3 4 5 6 Collection 25.00 2 50$. 24 100.48 � 75.36 48 425.00 125.60 450:-00 150.72 Disposal 6.08 12.16 18.24 24.32 30.40 36.48 9498 9:00 9498 9:00 9498 9:00 Total Contractor Fees 8 31.20 62.46 62.40 93.24 93.60 424.32 124.80 449 156.00 486.-48 187.20 Franchise Fee (10%) -3,.-46-.2-20�2 3.12 6.24 9.36 4243 12.48 45.54 15.60 5 18.72 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees 34.54 34.67 68.73 68.99 402.94 103.31 437.40 137.63 474.29 171.95 205.48 206.27 NOTE: The foregoing rates are based on forty-two dollars ($42.00) per ton ($2.81 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 244 2015. NOTE: City of Delray Beach buildings and locations shall be charged the City Collection Service rate, but shall not be charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA. The Contractor shall be allowed to charge the Rates for Special Collection Services, as set forth in Exhibit 3D -of the Franchise Agreement, if the Contractor performs any of the services listed on the special services exhibit. The City's franchise fee shall be applied to these rates. 9 ORD. NO. 19-15 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. If passed on second and final reading, this ordinance shall become effective on june 1, 201-5 October 1, 2015. PASSED AND ADOPTED in regular session on second and final reading on ATTEST: City Clerk First Reading Second Reading Cary Glickstein, Mayor 10 ORD. NO. 19-15