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12-01-15 Regular Meeting AgendaCity of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Regular Commission Meeting Tuesday, December 1, 2015 Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall City Commission Mayor Cary Glickstein Vice -Mayor Shelly Petrolia Deputy Vice Mayor Al Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz RULES FOR PUBLIC PARTICIPATION 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. All persons desiring to do a presentation on agenda or non -agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. 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 to speak, please complete the sign -in sheet if you have not already done so. 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. City Commission Regular Commission Meeting December 1, 2015 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES: None 4. PRESENTATIONS: None 5. COMMENTS AND INQUIRIES ON AGENDA AND NON -AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 6. AGENDA APPROVAL 7. CONSENT AGENDA: City Manager Recommends Approval 7.A. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL) WITH JOHNSON DAVIS, INC. DOVER FOR THE LOWSON CULVERT REPLACEMENT PROJECT #14-100 Recommendation: Motion to Approve Contract Closeout (Change Order No. 2/Final) to Johnson -Davis, Inc., in the net contract reduction amount of $500.00; and motion to approve a final payment in the amount of $4,905.34 to Johnson -Davis, Inc., for completion of the Dover/Lowson Culvert Replacement. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of Work". Sponsors: Environmental Services Department Attachments: Change Order No. 2 Final & Schedule A Location Map 7.13. SUB -GRANT AGREEMENT FROM THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (DEM) FOR THE RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM (RCMP) Recommendation: Motion to Approve acceptance of a State -Funded Grant Agreement between the City of Delray Beach and Florida Division of Emergency Management in the amount of $194,000.00 for implementation of the Residential Construction Mitigation Program (RCMP). Sponsors: Community Improvement Attachments: RCMP 2016-014 Agreement 7.C. TRAFFIC ENFORCEMENT AGREEMENT BETWEEN THE DELRAY BEACH POLICE DEPARTMENT AND SABAL LAKES PHASE ONE HOMEOWNER'S ASSOCIATION City of Delray Beach Page 3 Printed on 11/25/2015 City Commission Regular Commission Meeting December 1, 2015 Recommendation: Motion to Approve a Traffic Enforcement Agreement between the Delray Beach Police Department and Sabal Lakes Phase One Homeowner's Association to allow the Delray Beach Police Department to enforce state and local traffic laws on the private roads of Sabal Lakes Phase One. Attachments: Traffic Enforcement Agreement with Sabal Lakes One 7.D. PROCLAMATIONS: 7.D.1. None 7.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS Recommendation: Motion to Accept the actions and decisions made by the Land Development Boards for the period November 2, 2015 through November 6, 2015. Sponsors: Planning and Zoning Board Attachments: December 1, 2015 - City Commission Report Location Map Appealable Exhibits 7.F. AWARD OF BIDS AND CONTRACTS: 7.F.1. AWARD OF CONTRACT TO EVERGREEN SOLUTIONS, LLC FOR THE CIVIL SERVICE CLASSIFICATION AND COMPENSATION STUDY (RFP NO. 2015-80) Recommendation: Motion to Award a contract for RFP 2015-80 to Evergreen Solutions, LLC in the amount $32,000.00 for the Civil Service Compensation and Classification Study. This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(2), "Sealed Competitive Methods; Requests for Proposals". Funding is available from 001-1311-512.34-90 (General Services: Human Services/Other Contractual Services). Sponsors: Purchasing Department and Vath Attachments: Final Ranking RFP 2015-80 Tab 2015-80 Class and Compensation Study Selection Committee Members 2015-80 Purchasing Checklist 7.F.2 BID AWARD TO ACCORDIS INTERNATIONAL CORPORATION FOR HEWLETT-PACKARD COMPUTERS (BID NO. 2016-024) Recommendation: Motion to Award Bid No. 2016-024 to Accordis International Corporation in the amount of $39,400.00 for the purchase of one hundred (100) Hewlett-Packard computers. This recommendation for award is in compliance with the Code of Ordinances, Section 36.02(A)(1), "Sealed City of Delray Beach Page 4 Printed on 11/25/2015 City Commission Regular Commission Meeting December 1, 2015 Competitive Method". Funding is available from 334-6111-519-64.11 (General Construction Fund: Machinery & Equipment/Computer Equipment). Sponsors: Purchasing Department Attachments: Bid No. 2016-024 Bid Tabulation Bid No. 2016-024 Purchasing Checklist 8. REGULAR AGENDA: 8.A. UPTOWN ATLANTIC IN -LIEU PARKING FEE REQUEST (QUASI-JUDICIAL HEARING) Recommendation: Motion to Approve parking in -lieu fee request in the amount of $87,400.00 for 19 parking spaces (including the 19 -space credit for parallel spaces in the public rights-of-way) subject to the condition that the In -Lieu of Parking Fee Agreement be recorded and the first installment paid prior to issuance of a building permit, 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 the criteria set forth in Section 4.6.9(E) of the Land Development Regulations for the property Uptown Atlantic located on the south side of West Atlantic Avenue, between S.W. 9th Avenue and S.W. 6th Avenue. Attachments: Location Map Uptown Atlantic Parking Management Advisory Board Staff Report DRAFT July 28, 2015 PMAB Minutes DRAFT November 13, 2015 City Commission Minutes Revised Uptown Atlantic Site Plan Tri -Party Agreement - Equity Delray In Lieu Parking Agreement First Amendment to In Lieu Parking Agreement - Equity Delray LLC. Uptown Atlantic Director Memo Revised Proposal 8.1B. ROUTINE BUSINESS (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration) 8.B.1. BID AWARD TO HAWKINS INC., D/B/A THE DUMONT COMPANY FOR HYDROFLUOSILICIC ACID (BID NO. 2016-015) Recommendation: Motion to Award Bid No. 2016-015 to Hawkins Inc. d/b/a The Dumont Company in an annual amount not to exceed $53,000.00 for a one (1) year agreement with two additional one (1) year renewal periods to Furnish and for the Delivery of Hydrofluosilicic Acid. This recommendation is in compliance with the Code of Ordinances, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). City of Delray Beach Page 5 Printed on 11/25/2015 City Commission Regular Commission Meeting December 1, 2015 Sponsors: Purchasing Department Attachments: 2016-015 Bid Tabulation 2016-015 Purchasing Checklist 8.113.2. BID AWARD TO SEACOAST EMBROIDERY, INC., FOR FIRE DEPARTMENT UNIFORMS (2016-012) Recommendation: Motion to Award Bid No. 2016-012 to Seacoast Embroidery Inc. in an annual amount not to exceed $77,000.00 for a three (3) year term with two (2) additional one (1) year renewal periods for Fire Department uniforms. The recommendation is in compliance with the Code of Ordinances, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from various accounts. Sponsors: Purchasing Department Attachments: 2016-012 Bid Tabulation 2016-012 Purchasing Checklist 8.113.3. RESOLUTION NO. 73-15: BUDGET AMENDMENT Recommendation: Motion to Approve Resolution No. 73-15 amending Resolution No. 63-15 adopted September 15, 2015, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2015/2016, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2015/2016. Attachments: Resolution No 73-15 Exhibit A Amendment Narrative 8.113.4. RENEWAL AGREEMENT WITH CONCENTRA HEALTH SERVICES, INC. FOR THE WORKSITE HEALTHCARE Recommendation: Motion to Approve Renewal of Agreement with Concentra Health Services Inc. for a one (1) year period through January 2, 2017 in an annual amount not to exceed $980,000.00. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.07(3), "Renewals". Funding is available from 551-1577-591-34.90 (Insurance Fund: Other Contractual Services). Sponsors: Purchasing Department Attachments: Agreement for Services at a Worksite Medical Facilit 8.113.5. PROPOSED OFFER OF SETTLEMENT IN THE CASE OF TIMOTHY BELANGER V. CITY OF DELRAY BEACH Recommendation: Motion to Deny a settlement offer for the reasons discussed in the Confidential Memo previously distributed to the City Commission. Sponsors: City Attorney Department and Inglese 8.C. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE COMMUNITY City of Delray Beach Page 6 Printed on 11/25/2015 City Commission Regular Commission Meeting December 1, 2015 REDEVELOPMENT AGENCY FOR FUNDING CITY DEMOLITIONS OF BLIGHTED AND UNSAFE STRUCTURES Recommendation: Motion to Approve an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) in the amount of $50,000.00 for funding City demolitions of blighted and unsafe structures located in the CRA District for Fiscal Year 2015-2016. Sponsors: Community Improvement Attachments: Interlocal Agreement with the CRA 8.11). RESOLUTION NO. 77-15: TRAFFIC IMPACT FEE Recommendation: Motion to adopt a Resolution urging the Palm Beach County Commission to amend its Road Impact Fee Ordinance to allow fees to be used for additional infrastructure needs and multimodal transportation. Sponsors: City Attorney Department Attachments: Resolution No. 77-15 Map of Road Impact Fee Zones 9. PUBLIC HEARINGS: 9.A. ORDINANCE NO. 33-15 (SECOND READING) Recommendation: Motion to Approve on second reading Ordinance No. 33-15, Amending Chapter 32, "Departments, Boards and Commissions", by amending Section 32.62, "Composition; Appointment Terms", deleting the requirements of the Appointment to the First Board by amending Section 32.64, "Qualifications of Members", to add Section (D), by amending Section 32.65, "Duties and Responsibilities", to add Section (E), to complete a "Police Ride -A -Long" and by amending Section 32.66, "Meetings", to provide for Board Meetings every other month. Attachments: City Commission Cover Memo Ordinance No. 33-15 - Police Advisory Board 9.B. RESOLUTION NO. 78-15 TO DESIGNATE 1475 SW 4TH AVENUE ASA BROWNFIELD AREA (FIRST PUBLIC HEARING) Recommendation: Motion to approve the First Public Hearing of Resolution 78 -15 to designate 1475 SW 4th Avenue as a Brownfield area pursuant to Chapter 376, Florida Statutes, and schedule the Second Public Hearing of Resolution 78 -15 for the meeting of December 8, 2015. Attachments: Resolution No. 78-15 Brownfield Designation Request Location Map City of Delray Beach Page 7 Printed on 11/25/2015 City Commission Regular Commission Meeting December 1, 2015 10. FIRST READINGS: 10.A. ORDINANCE NO. 28-15 (FIRST READING) Recommendation: Motion to approve Ordinance No. 28-15 on First Reading to adopt the Delray Beach Central Business District (CBD) Architectural Design Guidelines and the City -initiated amendments to the Land Development Regulations (LDR) consistent with the guidelines. Attachments: Ordinance No. 28-15 Exhibit A: CBD Guidelines 11.2015 Exhibit B: Repealed Section 4.6.18(B)(14) P & Z Staff Report CBD LDR Amendments from October 19. 2015 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission City of Delray Beach Page 8 Printed on 11/25/2015 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-234, Version: 1 TO: Mayor and Commissioners FROM: Randal Krejcarek THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL) WITH JOHNSON DAVIS, INC. DOVER FOR THE LOWSON CULVERT REPLACEMENT PROJECT #14-100 Recommended Action: Motion to Approve Contract Closeout (Change Order No. 2/Final) to Johnson -Davis, Inc., in the net contract reduction amount of $500.00; and motion to approve a final payment in the amount of $4,905.34 to Johnson -Davis, Inc., for completion of the Dover/Lowson Culvert Replacement. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of Work". Background: On February 24, 2015, Commission approved a bid award (Bid #2015-23) in the amount of $167,510.00 to Johnson -Davis, Inc., for the Dover/Lowson Culvert Replacement Project #14-100. The project scope generally consisted of the following: installation of an 84" and a 54" Culvert Liner, sandbag/concrete cap headwall, re-establishment of side banks and the installation of protective guardrails. On July 14, 2015, Commission approved Change Order No. 1, in the amount of $14,757.00 and a sixty (60) day contract extension, to Johnson -Davis, Inc., for additional work resulting from the discoveries encountered during the required dewatering, cleaning and inspection of the existing culvert, prior to procurement of the materials. The work consisted of replacement of an additional headwall and repairs to the existing drainage pipe. Change Order No. 2/Final, in the net contract reduction amount of $500.00, includes plus and minus quantity adjustment and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. Attachments Include: Change Order No. 2 Final / Schedule "A" and a Location Map. This Change Order #2/Final is in compliance with the Code of Ordinances, Chapter 36, Section 36.06, "Change Orders", (A)(2), "Within the Scope of Work". City of Delray Beach Page 1 of 2 Printed on 11/24/2015 powered by LegistarT"^ File M 15-234, Version: 1 After final payment in the amount of $4,905.34 is made, residual funds, in the amount of $500.00, will be liquidated from Purchase Order #704433 to funding Account #448-5461-538-69.30 (Storm Water Utility Fund/Other Improvements/Dover/Lowson Culvert Rpl). City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: No funding source is required; this is a deductive change order. Timing of Request: This item is time sensitive; contractor cannot be paid final payment for completion of the project until approved by Commission and the final change order is fully executed. City of Delray Beach Page 2 of 2 Printed on 11/24/2015 powered by LegistarT"^ CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO, 2/ Final (Contract Closeout) PROJECT NO. 14-100 DATE: PROJECT TITLE: Dover/Lowson Culvert Rpl TO CONTRACTOR: Johnson -Davis, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $167,510.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 4,757.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $172,267.00 COST OF CONSTRUCTION CHANGES THIS ORDER 500.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $171,767.00 PERCENT DECREASE THIS CHANGE ORDER -0.29% TOTAL PERCENT INCREASE TO DATE +2.54% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Contractor Signature Date Type or Print Name and Title (Corporate Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NIA - No Funding is Requires! DEPARTMENT APPROVED: Environmental Services City Attorney FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA By: Cary D. Glickstein, Mayor ATTEST: By: City Clerk S:\FngMmin\PrDjects\2014\14-IUGHOFFICIAL\CO 42 Final Agenda Aaclmp1CO2 Final Johnson Davis Dover Lawson Culvert GC 110315.docx SCHEDIME "A" TO CHANGE ORDER NO. Z/ FINAL (CONTRACT CLOSEOUT) JOHNSON-DAVIS, INC. DOVERILOWSON CULVERT REPLACEMENT - PROJECT NUMBER 14-100 TOTAL ORIGINAL CONTRACT AWARD $167,510.00 $167,010.00 $ (500.00) Change Order No. 1 CONTRACT AWARD CONTRACT TO DATE ITEM DESCRIPTION UNIT 1 $ 4,757.00 $ 4,757.00 1 $ 4,757.00 $ 4,757.00 $ - balance of $4,757 added to contract, see details above. EST. UNIT PRICE TOTAL ACTUAL UNIT PRICE EXTENDED QUANT ADJ. NO. CITY QTY TOTAL PRICE + I - General Conditions I Site Mobilization/Demobilization(2%Maximum of LS 1 $ 8,000.00 8,000.00 1 8,000.00 8,000.00 Total Base Bid) $ $ $ $ 2 Maintenance of Traffic LS 1 $ 2,000.00 $ 2,000.00 1 $ 2,000.00 $ 2,000.00 $ 3 As -Built Record Drawings LS 1 $ 1,500.00 $ 1,500.00 1 $ 1,500.00 $ 1,500.00 $ 4 NPDES Pemut/Erosion Protection Measures 1 $ 1,000.00 1 $ 1,000.00 1,000.00 (Including all Turbidity Barriers) LS $ 1,000.00 $ $ 5 Professional Video& Construction Photographs LS 1 $ 1,000.00 $ 1,000.00 1 $ 1,000.00 $ 1,0E.00 $ 6 Indemnification LS 1 $ 10.00 $ 10.00 1 $ 10.00 $ 14.00 $ Demolition 7 Clearing &Grabbing LS 1 $ 2,000.00 $ 2,000.00 1 $ 2,000.00 $ 2,000.00 $ 8 Dewatering(1fRequired) LS 1 $ 10,000.00 $ 10,000.00 1 $ 10,000.00 $ 90,000.00 $ 9 Clean and Remove all Existing Debris from Existing LS 1 $ 5,000.00 $ 5,000.00 1 $ 5,000.00 $ 5,000.00 $ 96" and 60" CMP 10 Video Existing 96" and 60" CMP LS 1 $ 1,000.00 $ 1,000.00 0.50 $ 1,000.00 $ 500.00 $ (500.00 Culvert I I Install 84" and 54" Snap Tile Culvert Liner (Or LF 110 $ 800.00 $ 88,000.00 110 $ 800.00 $ 88,000.00 $ Approved Equal) 12 Grout Annular S ace and Pi e Ends LS 1 $ 8,000.00 $ 8,000.00 1 $ 8,000.00 $ 8,000.00 $ 13 Construct Sandbag/Concrete Headwall on South Side 1 $ 12,000.00 of Culvert LS $ 12,000.00 1 $ 12,000.00 $ 12,000.00 $ 14 Re -Establish Side Banks (North and South) with Clean 1 $ 5,000.00 Compacted Fill and Bahia Sod LS 0 $ 5,00.00 1 $ 5,000.00 $ 5,000.00 $ 15 Install FDOT Guard Rail (North and South) with Ends LF 130 $ 100.00 $ 13,000.00 130 $ 100.00 $ 13,000.00 $ Allowances Undefined Underground Allowance - CO #1 Add'I scope; remove and construct sandlcement headwall 16 cap, Jack out dentlgdnd angle in existing 96" CMP, to LS 1 $ 10,000.00 $ 10,000.00 1 $ 10,000.00 $ 10,000.00 $ accept new liner; and furnish and install Memai bands to eliminate bell ends on 54" pipe. Approved by Commission 07114115. TOTAL ORIGINAL CONTRACT AWARD $167,510.00 $167,010.00 $ (500.00) Change Order No. 1 CO #1 -Add1. scope $10,000 from Allowance and LS 1 $ 4,757.00 $ 4,757.00 1 $ 4,757.00 $ 4,757.00 $ - balance of $4,757 added to contract, see details above. GRAND TOTAL CONTRACT AWARD & CHANGE ORDER $172,267.00 $171,767.D0 $500.00 Original Contract Award $167,510.00 Previously Approved Changes $4,757.00 Total Award/Approved to Date $172,267.00 CHANGE ORDER NO. 21 FINAL $ (500.00) Final Contract to Date $171,767.00 Payments to Date $166,861.66 FINAL PAYMENT $4,905.34 Page 1 of 1 TI1 RnpngFn CITY of DELRAY BEACH LOWSON/DOVER CULVERT DATE: 01/26/2015 mo d ENVIRONMENTAL SERVICES DEPARTMENT REPLACEMENT MAP a�uw ® 434 SOUTH SWNTON AVEWF- DELMY WACK FLOFOA 33444 2014-100 SHET 1 OF 1 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-251, Version: 1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 SUB -GRANT AGREEMENT FROM THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (DEM) FOR THE RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM (RCMP) Recommended Action: Motion to Approve acceptance of a State -Funded Grant Agreement between the City of Delray Beach and Florida Division of Emergency Management in the amount of $194,000.00 for implementation of the Residential Construction Mitigation Program (RCMP). Background: The action before the City Commission is consideration to accept a State -funded grant from the Division of Emergency Management (DEM) that has been awarded to the City of Delray Beach in the amount of $194,000. These funds must be used by the City to implement activities authorized under Section 215.559 of the Florida Statutes, Hurricane Loss Mitigation Program. This is an eligible, cost - reimbursement contract. The City anticipates that it can rehabilitate approximately eight (8) properties with this funding. It is noted that the City can use other funding sources such as, CDBG or SHIP dollars to complete the project if it exceeds the $25,000 allowance per structure. The Neighborhood Services Division has successfully completed two (2) annual grant awards under the Residential Construction Mitigation Program (RCMP) for fiscal years 2011/2012, 2013-2014 in the amounts of $150,000 each and is currently administering fiscal year 2014/2015 for $233,000. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Residential Construction Mitigation Program 118 -1936 -554 -Various Timing of Request: Deadline to expend funds is June 30, 2016. City of Delray Beach Page 1 of 1 Printed on 11/24/2015 powered by LegistarT"^ Agreement Number: 16RC-A4-10-60-02-XXX Project Number: RCMP2016-014 STATE -FUNDED GRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and the City of Delray Beach, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these funds from the State of Florida, General Appropriations Act of 2015-2016 for the purposes set forth in Section 215.559, Fla. Stat, and has the authority to grant these funds to the Recipient upon the terms and conditions below. C. The Division has statutory authority to disburse funds under this agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A to this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties, and shall end June 30, 2016, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division 1 or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Division. 'Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a non -state entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: If the Recipient expends a total amount of State financial assistance equal to or more than $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 2 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non -state entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: https://apps.fldfs.com/fsaa/singleauditact.aspx. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directly to each of the following: The Florida Division of Emergency Management at the following address: Florida Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 OR DEMSingle_Audit@em.myflorida.com The Florida Auditor General's Office at the following address: Florida Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letters, or other information required to be submitted to the Division pursuant to this Agreement shall be submitted on time as required under 2 C.F.R. Part 200, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Division of Emergency Management for audits done in accordance with 2 C.F.R Part 200 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) If the audit shows that all or any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non- compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (CPA) licensed under Chapter 473, Fla. Stat. The (CPA) shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all sub -recipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or 11 may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in Attachment E. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (13) herein; Agreement; (b) Begin an appropriate legal or equitable action to enforce performance of this (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 701 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. 7 (b) The name and address of the Division contract manager for this Agreement is: Meredith VanValkenburgh, Project Manager 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: 850-413-9946 Fax: 850-413-9857 Email: Meredith.VanValkenburgh@em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Ferline F. Mesidort, Neighborhood Serv. Admn. 100 NW 1st Avenue Delray Beach, Florida 33444 Telephone: 561-243-7282 Fax: 561-243-7221 Email: mesidort(a)mydelraybeach.com (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Statement of Assurances Attachment D — Request for Advance or Reimbursement Attachment E — Justification of Advance Payment Attachment F — Quarterly Report Form Attachment G — Warranties and Representations Attachment H — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (17) FUNDING/CONSIDERATION (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $194,000.00, subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal 2 C.F.R Part 200. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (d) Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Recipient certifying that "all disbursements made in accordance with conditions of the Division agreement and payment is due and has not been previously requested for these amounts." The supporting documentation must comply with the documentation I requirements of applicable 2 C.F.R. Part 200 Cost Principles. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part of the Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of the "Florida Division of Emergency Management", and mailed directly to the following address: Florida Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. 10 (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list 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 a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment H) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. 11 (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Fla. Stat. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o) All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. (p) The Agreement may be charged only with allowable costs resulting from obligations incurred during the term of the Agreement. (q) Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 12 (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." 3. The Recipient shall require that this certification be included in the award documents for all sub -awards (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in 13 connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES. Attachment C. The Recipient shall comply with any Statement of Assurances incorporated as 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: CITY OF DELRAY BEACH By: Name and title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT By: Name and Title: Date: 15 EXHIBIT — 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project— Residential Construction Mitigation Program State awarding agency: Division of Emergency Management Catalog of State Financial Assistance title: Residential Construction Mitigation Program Catalog of State Financial Assistance number: 31.066 Amount of State Funding: $ 194,000.00 16 Attachment A Budget and Scope of Work The City of Delray Beach will provide residential wind mitigation retrofit improvements as identified in RFP - DEM -14-15-043 on as many residential structures as possible during the period of performance of this Agreement and within the award amount. The Division of Emergency Management's (Division) Property Information Spreadsheet will be a controlling document that forecasts and monitors expenditures for the approved mitigation properties. All residential structures shall be located within the City of Delray Beach and be approved by the Division. Any changes on selected structures shall be immediately reported to RCMP grant manager. The Recipient will focus on a systemic approach that ties together all aspects of wind mitigation. A "systemic approach" must be in adherence to Florida Statute (FS) 553.844 Windstorm Loss Mitigation; Requirements for Roofs and Opening Protection. Deviation from a systemic approach must be approved by both the Recipient and the Division. Recipient shall be responsible for the implementation, management, coordination, and facilitation of all aspects related to the wind mitigation retrofit projects approved. This includes but is not limited to subcontractor selection and payments, reimbursement requests and accountability for all Division funds awarded. All wind mitigation projects will conform to the higher standard of protection. Therefore Residential Construction Mitigation Program (RCMP) implements the minimal standard as Wind-borne Debris Regions stipulated within the Florida Building Code (FBC), 5th edition. The Recipient will provide residential wind mitigation retrofit improvements as identified in RFP -DEM- 14- 15-043 on as many qualified, residential structures as possible during the period of performance of this Agreement and within the award amount. ORDER OF AUTHORITY: The Recipient agrees to follow the Florida Building Code. First authority rests in Florida Statute 553.844 which is further clarified within the associated Florida Building Codes for wind retrofit and high velocity wind zones. Where Florida Statute 553.844 or the Florida Building Code is not clear, RCMP advises using FEMA publication P-55 Coastal Construction Manual: Principles and Practices of Planning, Siting, Designing, Constructing, and Maintaining Residential Buildings in Coastal Areas, 4th Edition (2011), and FEMA P-804 Wind Retrofit Guide for Residential Buildings (2010) as a reference. Florida Statute 553.844 in conjunction with all relevant Florida Building codes for wind retrofit and high velocity wind zones will maintain final authority. RIGHT OF REFUSAL: The Division retains the right of refusal for any project or property submitted to the Division. This right can be executed with cause or without cause. REGARDING THE REQUEST FOR PROPOSAL: The Request for Proposal (RFP) constitutes a framework for proposals. The RFP does not replace the State Funded Grant Agreement, Scope of Work, and all other attachments. Further an RFP is defined by Florida Statute 287.057 wherein, "An agency shall use a request for proposals when the purposes and uses for which the commodity, group of commodities, or contractual service being sought can be specifically defined and the agency is capable of identifying necessary deliverables. Various combinations or versions of commodities or contractual services may be proposed by a responsive vendor to meet the specifications of the solicitation document." The RFP remains a response and acts, in kind, as an application from an applicant. TASKS: Task 1 (Identification and inspection): The Recipient shall establish and utilize a selection process that identifies residential structures for possible wind mitigation retrofit. Wind mitigation inspection shall be performed by a state certified wind mitigation inspector, local building official, or licensed general contractor. The inspector will identify any previous wind mitigation improvements or deficiencies and whether or not the structure may be safely, adequately, and effectively retrofitted for wind mitigation to lessen the impact of wind related damage. The Recipient will make application for "systemic" wind 17 mitigation. Systemic refers to the structures ability to bear excess or excessive wind loads from the top of the structure through to the foundation of the structure. Where a systemic approach cannot be implemented, the Recipient must have a clear justification for the reason why the systemic approach cannot be implemented (i.e., structure has already been partially mitigated or structure does not otherwise require certain measures). Pursuant to Florida Statute 553.844, systemic will be defined as the "strengthening of existing site -built, single family residential structures to resist windstorm forces shall be provided" to include the following wind mitigation activities: a) Replacement of roof sheathing, ref. FBC R803; Roof sheathing shall be attached in compliance with the FBC Residential Section 803, FS 553.844. b) Replacement of roof covering, ref. FBC R4402.10; the RCMP defines roof covering as 3 tab shingles referenced in FBC Residential Section 4402.1. C) Strengthening of roof deck attachment, ref. FBC R907.7.1 d) Strengthening of roof to wall connection, ref. FBC R907.8.1; e) Installation of secondary water barrier, ref. FBC R907.7.2; f) Installation of hurricane straps, ref. FBC R907.8.2; g) Opening protection systems must contain products that are certified to resist Large Missile Impact. Installation of shutters, door opening protection, roof -vent, soffits, and louvres, ref. FBC B2410; h) Installation of impact resistant shutters, doors, and garage doors ref. FBC B2410; i) Brace bottom chord gable end, ref. FBC B1701; RCMP advises but does not mandate that wall to foundation connections be assessed for structural stability and integrity. All mitigation construction work must be completed by a Qualified, Licensed Florida Contractor. All residential structures shall be located in the geographical boundaries of the State of Florida and be approved by the Division. All mitigation retrofits shall minimally meet the associated building codes referenced above. Further, all mitigation retrofit activities will comply with local building codes and manufacturer's specifications. The Recipient shall be responsible for the implementation, management, coordination, and facilitation of all aspects related to the mitigation retrofit projects approved by the Division. After the execution of a State -Funded Grant Agreement, the Recipient shall conduct an inspection of residential properties and identify a group of properties eligible for mitigation retrofit improvements. 1. The Recipient shall submit a list of those properties to the Division within 30 days of the executed agreement. 2. The Recipient shall submit the property information sheet with the estimated mitigation costs on a 2016 Property Information Spreadsheet (PIS) provided by the Division at the time of Award. 3. Color digital photographs that include but are not limited to, interior attic pictures of trusts and gables, condition of the roof, ventilation pipes found on the roof, condition of soffit and fascia, condition and number of windows and doors, and a 360 degree exterior walk of the structures are required with the submission of the PIS. 4. The Recipient may identify additional properties until April 15, 2016. The Division will conduct a benefit -cost analysis (BCA) for each of the submitted properties to determine if the mitigation retrofits are cost-effective. A property with a BCA ratio of one (1) or greater has more benefits than costs and is therefore considered cost-effective. Some of the submitted properties may receive a BCA ratio of less than one (1). However, if the combined BCA ratio for the submitted group of properties is equal to one (1) or greater the group of properties may be approved. Specific properties may be added or withdrawn if necessary in order to achieve a combined BCA of one (1) or greater. Task 2 (Submission of identified properties): The Recipient shall submit to the Division a Property Information Spreadsheet (PIS) for each residential property identified for possible wind mitigation retrofits. The Recipient will provide all the requested information for each residential structure, to include color digital photographs. The electronic PIS will be provided to the Recipient by the Division and should not be altered in anyway. As part of the submission, the Recipient shall identify whether: 18 a) the residence is a site built, single family residence; b) all improvements on the residence were permitted; c) the structure is the primary residence of the homeowner, and, d) any outstanding liens or judgments that are attached to the residence or its underlying property has been satisfied. The Recipient shall select a Qualified; Licensed Florida Contractor in accordance with the Recipient's procurement policy to complete the SOW for each Division approved residential structure. No construction shall be started prior to the Division's approval of the wind mitigation retrofit improvements. Task 3 (Scope of work development): The Recipient shall develop a Scope of Work (SOW) for each property and send a copy of each residence's SOW to the Division for RCMP approval. The SOW shall be based on all the mitigation retrofit measures identified on the Property Information Spreadsheet and approved by the Division. The Recipient shall select a Qualified; Licensed Florida Contractor in accordance with the Recipient's procurement policy to complete the SOW for each Division approved residential structure. No construction shall be started prior to the Division's approval of the individual scope of work for each residential structure for wind mitigation retrofit improvements. Task 4 (Construction): Upon completion and approval of Tasks 1 through 3, the construction phase shall commence. No construction shall be begin prior to the Division's approval of the individual scope of work. The Recipient is responsible for supplying all relevant Florida product approval codes for each residence to the Division. The Recipient or its Subcontractors shall complete all wind mitigation retrofit measures as approved by the Division and identified on the Property Information Sheet. The minimum level of required service includes, but is not limited to the completion of all or some of the mitigation retrofit measures identified the PIS. All construction work shall be completed by a Qualified and Licensed, Florida Contractor. Documentation is required to support each RFR. In some cases, all the wind mitigation retrofit improvements may not be fully completed; however, a partial reimbursement request may be submitted. Additional documentation in the form of an Affidavit signed by the project manager attesting to the completion of the work identified in RFR is required. Task 5 (Final inspection): Upon completion of the wind mitigation retrofit improvements, a post inspection must be performed by the Recipient and a member of the State Mitigation Technical Unit to ensure that all projects have been completed in accordance with RCMP parameters. Requests for reimbursement: During the course of the Fiscal Year, the Recipient is required to submit, at a minimum quarterly, Request for Reimbursements (RFR). The recipient is required to submit a request for project closeout. Final RFR request cannot be processed until Division has had received final signoff from the State Mitigation Technical Unit regarding project completion. Recipient is must still submit a final RFR with their request for project closeout. Construction expenses: The Recipient will pre -audit bills, invoices, and/or charges submitted by the subcontractors and pay the subcontractors for approved bills, invoices, and/or charges. Recipient will submit Reimbursement Requests (Attachment D) to the Division with copies of Subcontractor's bills, invoices, and/or charges and Proof -of -Payment by the Recipient in the form of cancelled checks, payroll records, electronic payment verification, etc. The Recipient shall ensure that the Contractor's Invoice clearly identifies each mitigation item installed. Administrative expenses: The Recipient shall provide source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits must be clearly shown. 19 1]=1I1V=1M3__14 :615 Deliverable 1 (Identification and inspection; submission of identified properties): Based on the work described in Tasks 1 and 2, the Recipient shall submit, in an electronic format, the completed initial Property Information Spreadsheet (PIS). All the requested information identified by the PIS is required and shall be provided, including multiple color non-pixelated photographs provided in digital format. The color digital photographs may be sent by email, one structure per email, or via the Division's File Transfer Protocol (FTP) site or DEM web based application (Sharepoint). The RCMP Project Number and property owner name must be in the subject line of an email. In the FTP method, each property shall be in a separate file. The file names need to be short but identifiable. File names such as last name and address number (jones1234), or recipient's tracking number on the PIS. Approval of individual properties will be based on an aggregate BCA ratio. Due Date: Initial PIS is due September 30, 2015. This initial PIS should record 10 potential properties. Recipient requested addition or deletion of properties is due by April 15, 2016. Reimbursement: Provided the expenses do not exceed the amounts authorized by this Agreement, the Division will reimburse the Recipient for the Administrative expenses and Construction Expenses associated with property identification, plan development, completion, and submission of the initial Division's Property Information Spreadsheet (PIS). Deliverable 2 (Scope of work development): Based on the work described in Task 3, the Recipient shall submit, in an electronic format, a spreadsheet that contains the following information: a) Recipient Name and RCMP Project Number; b) Date of Report; c) Property Owner's Name; d) Selected Contractor's Name and date of contractor selection for each mitigation measure; and, e) Florida Product Approval Code for each mitigation product to be installed. Due Date: Within fourteen days of Contractor selection. Reimbursement: Provided the expenses do not exceed the amounts authorized by this Agreement, the Division will reimburse the Recipient for the Administrative Expenses associated with each approved Property's SOW, bidding process, or Contractor selection and creation of detailed spreadsheet. Deliverable 3 (Construction): Based on the work described in Task 4, the Recipient shall provide a Request for Reimbursement (RFR) Package that includes the following information: a) Recipient's Invoice shall meet Florida's Department of Financial Service standards for invoicing. They should include but are not limited to: 1) Start Date of Work Period (start of invoice period); 2) End Date of Work Period (end of invoice period); 3) Description of Work Performed; and, 4) Payment amount requested for reimbursement. b) Request for Reimbursement (Attachment D) 1) Signed and dated Summary Page with relevant Detail Pages; 2) Sub -Contractor's Invoice: a.Sub-Contractor Name; b. Property owner name and address; c. Date work performed; d. Exact mitigation measure completed, quantity ; and, e.Amount requested for each mitigation measure, 20 3) Copies of Canceled Checks or Electronic Funds Payment Verification; 4) Quarterly Report; and, 5) Affidavit of Partial Competition (if applicable). Due Date: Deliverable 3, is due on a regular basis, but shall be submitted at least quarterly, starting with the first quarter after the final Agreement execution date and every quarter thereafter. It shall include the quarterly report. The quarterly submission is due no later than 10 days after the close of the quarter. Reimbursement: Provided the expenses do not exceed the amounts authorized by this Agreement, the Division will reimburse the Recipient for the Administrative Expenses and Construction Expenses associated with all the mitigation retrofit improvements. The mitigation retrofit improvements may not be fully completed; however, a partial reimbursement request may be submitted. The "Final Reimbursement Request" must be submitted by July15, 2016. Deliverable 4 (Final inspection): Based on the work described in Task 5, the Recipient shall provide a Final Close -Out Package CD to include the following: a) Request For Final Inspection on agency/company letter head identifying the RCMP Project number, contract number and must include the following statements: 1) The project is 100% complete; 2) Scope of Work for each residential structure has been completed; and, 3) All relevant building Codes and Standards have been satisfied. b) A CD or other digital media that contains electronic folders for each individual property. The folders must have PDF formatted documents for each of the following: 1) Approved PIS; 2) Scope of Work; 3) Color Photographs, in digital format, documenting mitigation work post; 4) Building Permit; 5) Approved Post Inspection Reports/Certificates of Completion for each Residential Structure; 6) Florida Approved Product Code, Notice of Acceptance/Product Approvals; and, 7) Lien Waivers. c) An Electronic Spreadsheet to include; 1) Homeowner's Name; 2) Homeowner's Address; 3) Pre and Post Inspection Dates; 4) Retrofit Measures Completed; 5) Retrofit Cost; and, 6) Homeowner's Insurance Company and Policy Number (When Available). Due Date: On or before May 15, 2016 Reimbursement: Provided the expenses do not exceed the amounts authorized by this Agreement, the Division will reimburse the Recipient for the Administrative Expenses and Construction Expenses associated with Final Closeout preparation, final inspections, and any additional mitigation performed as required by final inspection. The "Final Reimbursement Request" must be submitted by July 15, 2016. Financial Consequences: If the recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: a) Temporarily withhold cash payments pending correction of the deficiency by the recipient; 21 b) Disallow all or part of the cost of the activity or action not in compliance; c) Wholly or partly suspend or terminate the current award for the recipient; d) Withhold further awards for the program; or, e) Take other remedies that may be legally available. TABLE 1: BUDGET BUDGET: The Budget is designed to account for RCMP Awarded Funds. Each invoice and RFR should clearly identify the amount of RCMP funds requested and provide supporting documentation. This is RCMP Project Number RCMP16-014, City of Delray Beach. The Period of Performance for this oroiect shall end June 30. 2016. EXPENDITURE CATEGORIES AWARD RFP -DEM 14-15-043 RCM P AWARD Salary & Benefits Other Personnel / Contractual Services Administrative Expenses $19,400 Indirect Costs: Costs that is difficult to assign to a specific project. For example: administrative staff, utilities, rent, miscellaneous supplies purchased in bulk Program Expenses $174,600 Direct Costs: Activities or services that benefit a specific project. For example: project specific construction costs, materials, inspections, and staff hours with activities directly related. Totals $194,000 Project Timeline: No work shall be performed under this Agreement prior to the Agreement execution date and the issuance of a Notice to Proceed. All subcontracts must be reviewed by the Division prior to execution. The Recipient is required to complete the mitigation work prior to the Final Close -Out Package due on May 15, 2016. Upon submission of the Final Close -Out Package, the Division will schedule on- site visits with the Recipient to inspect and confirm the mitigation work has been completed in compliance with this Agreement. All applicable Florida Building Codes, local building codes, industry standards a n d Manufacturer's Specifications must be certified by the local building official. Any mitigation deficiencies identified by the Division must be corrected by the end of the contract on June 30, 2016. A final invoice with complete documentation is due by June 1, 2016. Missing or incomplete documentation submitted with the final reimbursement request may result in a partial reimbursement. The project file will be closed on August 15, 2016 22 Table 2. Key Deliverable Dates KEY ACTIVITY DUE DATE COMMENT Deliverable 1: Completed 30 days after contract Additional or Deletion of properties by PIS and required data execution April 15, 2016. Deliverable 2: Property Within 14 Days of contractor Deliverable 3: Quarterly September 30"', December Quarterly Reports are due 10 days after Reports 31St, March 31St, June 30th end of the quarter. Deliverable 3: Quarterly Minimum RFR is due every quarter. RFR September 30th, December Reports and RFR for31st, submitted with the Quarterly report. Due March 31st, June 30th Construction phase 10 days after end of the Quarter. Deliverable 4: Final By May 15, 2016 Upon completion of all approved Deliverable 4: Additional By June 30, 2016 End of Grant The Period of Performance for this project ends on June 30, 2016. 23 Attachment B Program Statutes and Regulations Section 215.559, Florida Statutes Hurricane Loss Mitigation Program Section 215.422, Florida Statutes Payments, warrants, and invoices; processing time limits; dispute limitation; agency or judicial branch compliance Section 215.97, Florida Statutes Florida Single Audit Act Section 215.971, Florida Statutes Agreements funded with federal and state assistance Section 216.347, Florida Statutes Disbursement of grant and aids appropriations for lobbying prohibited Section 216.3475 Florida Statutes Maximum rate of payment for services funded under General Appropriations Act or awarded on a noncompetitive basis Section 287.056, Florida Statutes Purchases from purchasing agreement and state term contract Section 287.057, Florida Statutes Procurement of commodities or contractual services CFO MEMORANDUM NO. 04 (2005-06)Compliance Requirements for Agreements 24 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Recipient certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is 25 used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes; (h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA), the Recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm (k) It will require every building or facility(other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (1) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: 26 (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR, Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800. (4) When any of the Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management Agency (FEMA) may require the Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct the Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) The Recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Recipient acknowledges that FEMA may require the Recipient to stop construction in the vicinity of the discovery of a previously unidentified 27 property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Recipient further acknowledges that FEMA may require the Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Recipient also acknowledges that FEMA will require, and the Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; (n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (p) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626 (v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.; MM (aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f -300j, regarding the protection of underground water sources; (cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (h h) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666. (ii) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon. (3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. (8) Obtain all required permits. 29 (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 30 Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM FUNDS RECIPIENT NAME: CITY OF DELRAY BEACH ADDRESS: 100 NW 1ST AVENUE CITY, STATE, ZIP CODE: DELRAY BEACH, FL 33444 PAYMENT No: Project Number: RCMP -2016-014 DEM Agreement No: 16RC-A4-10-60-02-XXX Eligible Amount 100% Obligated Federal % Obligated RCMP 100% Previous Payments Current Request DEM Use Only Approved Comments N/A L-- , I TOTAL CURRENT REQUEST: $ I certify that to the best of my knowledge and belief the above amounts are correct, and that all disbursements were made in accordance with all conditions of the Division agreement and payment is due and has not been previously requested for these amounts. RECIPIENT SIGNATURE NAME AND TITLE DATE: APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ APPROVED FOR PAYMENT $ TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT GOVERNOR'S AUTHORIZED REPRESENTATIVE DATE 31 Attachment D (Continued) DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE WORK UNDER THE RESIDENTIAL CONSTRUCTION MTIGATION PROGRAM RECIPIENT: CITY OF DELRAY BEACH PROJECT # CONTRACT# 16RC-A4-10-60-02-XXX RCMP2016-014 FEMA TRACKING #: N/A Applicant's Reference No. (Warrant, Voucher, Claim check, or Schedule No.) Date of delivery of articles, completion of work or performance services. DOCUMENTATION List documentation (applicant's payroll, material out of applicant's stock, applicant owned equipment and name of vendor or contractor) by category and line item in the approved project application and give a brief description of the articles or services. Applicant's Eligible Costs 100% TOTAL 32 Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: CITY OF DELRAY BEACH If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of S is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three Months (list applicable line items) of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 33 Attachment F DIVISION OF EMERGENCY MANAGEMENT RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM QUARTERLY REPORT FORM RECIPIENT: CITY OF DELRAY BEACH PROJECT LOCATION: Project Number: RCMP2016-014 DEM ID #: 16RC-A4-10-60-02-XXX QUARTER ENDING: Provide amount of advance funds disbursed for period (if applicable) $ Provide reimbursement projections for this project: July -Sep, 20_$ July -Sep, 20_$ Oct -Dec, 20_$ Oct -Dec, 20_$ Jan -Mar, 20_$ Jan -Mar, 20_$ Percentage of Work Completed (may be confirmed by state inspectors) Project Proceeding on Schedule: [ ] Yes [ ] No Apr -June, 20_$ Apr -June, 20_$ Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [ ] Cost Unchanged [ ] Under Budget [ ] Over Budget Additional Comments/Elaboration: NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non-compliant with your sub -grant award. Name and Phone Number of Person Completing This Form 34 Attachment G Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 35 Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 36 Attachment H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR By: Signature Name and Title Street Address City, State, Zip 37 CITY OF DELRAY BEACH Recipient's Name 16RC-A4-10-60-02-XXX DEM Contract Number RCM P2016-014 Project Number nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-220, Version: 1 TO: Mayor and Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 TRAFFIC ENFORCEMENT AGREEMENT BETWEEN THE DELRAY BEACH POLICE DEPARTMENT AND SABAL LAKES PHASE ONE HOMEOWNER'S ASSOCIATION Recommended Action: Motion to Approve a Traffic Enforcement Agreement between the Delray Beach Police Department and Sabal Lakes Phase One Homeowner's Association to allow the Delray Beach Police Department to enforce state and local traffic laws on the private roads of Sabal Lakes Phase One. Background: This Agreement will allow the Delray Beach Police Department to enforce state and local traffic laws on the private roads of Sabal Lakes Phase One. The Agreement also mandates that the Homeowner's Association comply with the speed limits set by Florida Statute and follow Department of Transportation standards for traffic control devices. The Police Department believes that allowing enforcement of state and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Sabal Lakes Phase One Homeowner's Association will pay the sum of $12.00 per year to the City of Delray Beach. City of Delray Beach Page 1 of 1 Printed on 11/24/2015 powered by LegistarT"^ SABAL LAKES PHASE I HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in Sabal Lakes III as effective as possible; and WHEREAS, the SABAL LAKES PHASE I HOMEOWNER ASSOCIATION (hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the CITY Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows. 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The speed limit shall be that set by Florida Statute 316.183(2) and 316.189(1) of 30 mph. 5. Signs posting the speed limit must comply with Manual Uniform Traffic Control Devices used by the Department of Transportation and F.S. 316.189(3). 6. Stop signs must conform to the manual and specifications of the Department of Transportation as stated in Florida Statute 316.006(2)(b)(3). 7. The ASSOCIATION shall defend, indemnity and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts of traffic control and traffic enforcement that occur on the ASSOCIATION'S property following the date of this agreement. Nothing herein shall be deemed a waiver of the privileges and immunities granted to the CITY under F.S. 768.28. This indemnification shall survive the cancellation of this agreement. 8. The ASSOCIATION shall provide liability insurance to cover the indemnification in the amount of $100,000 and name the CITY as an additional insured. 9. This agreement shall take effect upon execution and approval by the Delray Beach City Commission and the SABAL LAKES PHASE 1 HOMEOWNER ASSOCIATION and shall continue in full force and effect until rescinded by either party. Under no circumstances may this agreement be renewed, amended, or extended except in writing. 10. Either party may cancel their participation in this agreement upon delivery of 30 days written notice to the other party. Cancellation will be at the direction of the subscribing party. 11. In any action brought to enforce any provision of this agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorneys fees. 12. The ASSOCIATION, by signing below, affirm that they have read and understand this agreement and that they have been given the opportunity to have the attorney of their choice review this agreement. This agreement made and entered into on this day of October, 2015. City of Delray Beach, Florida Sabal Lakes Phase I Homeowner's As*Eu By: By: Cary Glickstein, Mayor AlfFo Y no, Jr., Presiden ATTEST: Aprpoved as to form and legal sufficiency: Chevelle Nubin, City Clerk Noel Pfeffer, City Attorney F, nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-314, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning and Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS Recommended Action: Motion to Accept the actions and decisions made by the Land Development Boards for the period November 2, 2015 through November 6, 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. The actions of the Site Plan Review and Appearance Board and Historic Preservation Board are reported in the attached City Commission Report. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: The report of appleable action must be considered by the City Commission at the next available meeting. City of Delray Beach Page 1 of 1 Printed on 11/24/2015 powered by LegistarT"^ MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Stillings, Planning and Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: November 20, 2015 SUBJECT: REGULAR MEETING OF DECEMBER 1. 2015 REPORT OF APPEALABLE LAND USE ITEMS: NOVEMBER 2, 2015 THROUGH NOVEMBER 6. 2015 BOARD ACTION REPORT: Site Plan Review and Appearance Board (SPRAB) Meeting of November 4. 2015 1. Board Action: Approved with conditions (6 to 0, Andrew Youngross absent) a Class V site plan and architectural elevation plan for Tropic Cay Phase II, located on the west side of Florida Boulevard, south of Avenue "F". The landscape plan was approved on a 5 to 1 vote Dames Chard dissenting). Tropic Cay Phase II comprises of the east half of the overall Tropic Cay 2 development. Tropic Cay 2 development consists of the Tropic Cay, an existing eight -unit townhouse development (west half) and Lots 51 through 56, inclusive, Block 35 of the Plat of Del - Raton Park (east half). The overall development measures 1.23 acres. The subject property is zoned RM (Medium Density Residential) and has a Future Land Use Map Designation of TRN (Transitional). The development proposal consists o£ • Construction of five fee simple townhouse units in one 2 -story building. Each individual unit is a three bedroom town home (Unit "A" 2,259 sq. ft., Unit `B" 2,168 sq. ft. and Unit "C" 2,205 sq. ft.). All units include a two garage and driveways with a covered patio area; • Construction of a five foot wide sidewalk along Florida Boulevard adjacent to the subject property; Copies of an aerial of the site, the site plan and a photograph of the existing building are attached. Associated Actions: N/A. Next Action: The SPRAB action is final unless appealed by the City Commission or by an aggrieved party to the City Commission. City Commission Report December 1, 2015 2. Board Action: Approved (6 to 0, Andrew Youngross absent) a Class V site plan, landscape plan and architectural elevation plan for Providence Living on Atlantic, located on the south side of West Atlantic Avenue, east of Military Trail. The subject property consists of 4.12 acres. The site was previously associated with Scotty's Hardware which was demolished in 1997. The development proposal consists of the following: • Construction of a 3 -story, 131,010 sq. ft. assisted living and memory care facility. • Construction of a surface parking lot containing 82 spaces. • Provision of 118 individual units containing a total of 142 beds. • Provision of on-site amenities including all a full service restaurant, bar and cafe; a full service hair and nail salon; a craft room; a fitness center with aerobic and anaerobic equipment and tai chi/yoga stations; a general retail store; a surround sound theater with an 80" screen; wi-fi in every unit; a mail room; a chapel; and a transportation van and a private town car (for resident use, as needed). • Fully landscaped courtyards and outdoor spaces. Copies of the site plan and renderings of the architectural elevations and an aerial of the site are attached. Associated Actions: Approved 6 to 0, a special action request to LDR Section 4.6.9(F), which allows a parking reduction when upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use in order to address the 120 space deficiency, whereas 202 spaces are required and 82 spaces are proposed. Next Action: The SPRAB action is final unless appealed by the City Commission or by an aggrieved party to the City Commission. Historic Preservation Board (HPB) Meeting of November 4, 2015 1. Board Action: Approved 6 to 1(Andrea Harden dissenting), a Certificate of Appropriateness request for 706 SE 2nd Street. The request associated with an addition to a noncontributing single family residence. The property is located on the south side of SE 2nd Street, east of SE 7"' Avenue and contains a two story residence (11,707 square feet) and two separate garages, which face inward into a brick paver motor court. The noncontributing residence was constructed in 2008. The current request is for a 2,344 square foot addition to the single family residence consisting of a new one car garage to be added to the existing two car garage to the south (facing the motor court), creating additional living space between the garage and house, and adding a second story over the existing garage, proposed garage, and proposed living space. The site changes also includes the demolition of two side walls of the existing 2 City Commission Report December 1, 2015 subject garage in order to expand and add to the existing garage and removal of the existing breezeway (loggia) roof that connects existing residence to existing garage. Copies of the site plan and renderings of the architectural elevations and an aerial of the site are attached. Associated Actions: N/A Next Action: The HPB action is final unless appealed by the City Commission or by an aggrieved party to the City Commission. / CITY COMMISSION MEETING - �� APPEALABLE ITEMS NORTH -� DECEMBER 1, 2015 PLANNING & ZONING DEPARTMENT HIRI�: A0..1111E�R;� firA�OIY IMI114A III 11.3ASSE21510STFREfEr ER.MMOMWEU.11YAMISCUIAMAWMIC Date: 11/20/2015 Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\City Commission Maps\City Commission Map 12-1-15.mxd TROPIC CAY PHASE II A r -e c5l - .. tlQdDl! 1gtl39 AtlFf9a x wvm / amwN NACU. AYJ aclou11 tll..q� i�F C Oil, a Y� P =a �$ �s eql a a�WW < isa a w 0 v ci PROP. FP&L 2 a LOT 57 (. EXISTING AUTO DEALERSHIP TRANSFORMER` 0� y 6�1 BLOCS 35 PROPERTY LING 8X. FENCE Do- x x sao --25J)0'-- I z PROP. B' INCRESS-EGRESS EASEMENT PROP B' FPA -L U. a EX. 3 PUBLIC LITY OP.10'EASEMENT A/C PAD PROP. iO' /(Typ) RAfNAGE EASEMENT LOT 13 4,499 SF7ifi a U Z b4; a drB,r�� Vo N 1 LOT f 2 w F q y 2,751 SF 4 3' PUBLIC ° LITY EASEMENT V LOT 11 2 y 2,751 SF w � ¢ o PRO POSED 2 STORY o LOT '0 v` TOWNHOME BUILDING e. 2,751 SP E' Z Z p (PHASE 2) m EX. OVERHEAD (5 UNITS) LECTRIC (FIN. FL. EL. 9.50') M U 1 a lom Fy m a 4 LOT 9 a 4,499 SF a 10X1 ° ° VISIBI ITY 5 —m TRIAN LE(TYP) ; a ft—IPROP. B' INGRESS-ECRESS EASEMENT PROPdRTY LfNE NSY1`lX�Y1O" P, 11S.00,`� 2 .00H J 6 k� j 5 .� Z- ' --EX. POWER POLE DBL-RATON PARK � p P.B. f4,PC. 8 AND iO b w 6' -77 p PALM BEACH COUNTY, FLORIDA BMT d596 y I w z LOTS 48 - 50 �k EX. 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Cooper, City Manager DATE: December 1, 2015 AWARD OF CONTRACT TO EVERGREEN SOLUTIONS, LLC FOR THE CIVIL SERVICE CLASSIFICATION AND COMPENSATION STUDY (RFP NO. 2015-80) Recommended Action: Motion to Award a contract for RFP 2015-80 to Evergreen Solutions, LLC in the amount $32,000.00 for the Civil Service Compensation and Classification Study. This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(2), "Sealed Competitive Methods; Requests for Proposals". Funding is available from 001-1311-512.34-90 (General Services: Human Services/Other Contractual Services). Background: The City issued RFP 2015-80, Civil Service Classification and Compensation Study, on August 30, 2015. Six proposals were received on September 29, 2015 from the following firms: Cody & Associates, Inc. Diane Meiller and Associates, Inc. Evergreen Solutions, LLC HR Compensation Consultants, LLC Management Advisory Group International, Inc. MGT of America, Inc. The City Manager appointed a selection committee on October 3, 2015. The selection committee ranked all the proposals and invited four firms to make presentations to the selection committee. The Selection Committee met on November 10, 2015 and the final ranking is as follows based on the lowest score: Rank Firm 1 Evergreen Solutions, LLC 2 HR Compensation Consultants, LLC 3 Management Advisory Group International, Inc. 4 Cody & Associates, Inc. In accordance with Code of Ordinances, 36.02(A)(2), "Sealed Competitive Methods, Requests for Proposals", staff is requesting approval to award an agreement to Evergreen Solutions LLC in the amount of $32,000. The City utilized Evergreen Solutions LLC for a similar study in 2008. The downturn of the economy in 2008 prevented the implementation of the recommendations. City of Delray Beach Page 1 of 2 Printed on 11/24/2015 powered by LegistarT"^ File #: 15-249, Version: 1 Evergreen Solutions will perform a classification and compensation survey which will: 1) Identify and address internal compensation inequities and adjust job titles to better fit assigned duties where necessary. 2) Move the organization toward a performance-based and market-driven compensation plan and system that is designed to incentivize, recognize, and retain its employees. 3) Implement tools and techniques to support an ongoing reclassification process that will enable the organization to maintain its competitive place in the market. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Finance Department recommends approval. Funding Source: Funding is available from 001-1311-512.34-90 Human Resources - other contractual services City of Delray Beach Page 2 of 2 Printed on 11/24/2015 powered by LegistarT"^ A Ln r -I 0 'a I O N Ol O cI -1 cI Y R R O H N c -I M — Vl to H D N M c I O � 'a O G/ 3 CA c� c -I M N O 'a N R N N t H R M cI N R E OC G/ m ii c -I N M G/ O R E t v 01 O U m 0 m •L J i � U � � 3 O O f7 U J 3 (7 i i vi O w a0+ 3++Q O O > 'a 0. LL o m awo.E a1 o�SE > U M U w 2 O Ln r -I 0 'a I Class and Comp CITY OF DELRAY BEACH RFP No. 2015-80 HR Compensation Consultants, LLC A. Bid Received :09.29.15@11:50AM Description lCost Project Cost 1 $ 28,745.00 B. Other services Evergreen Solutions, LLC A. Bid Received :09.29.15@10:14AM Description Icost Project Cost 1 $ 32,000.00 B. Other services Resource Hourly Rate Any service outisde of the Scope $ Cody & Associates, Inc. A. Bid Received :09.28.15@11:01AM 150.00 Description lCost Project Cost 1 $ 42,500.00 B. Other services Resource Additional HR Services Hourly Rate 100.00 Opening Date: 09.29.2015 @ 2:OOPM Posted: 10.02.2015 Resource Hourly Rate Katie M. Busch $ 150.00 Robert Holmes $ 130.00 Lisa Harmon $ 120.00 Hilary Bunch $ 120.00 Jason Busch $ 105.00 Evergreen Solutions, LLC A. Bid Received :09.29.15@10:14AM Description Icost Project Cost 1 $ 32,000.00 B. Other services Resource Hourly Rate Any service outisde of the Scope $ Cody & Associates, Inc. A. Bid Received :09.28.15@11:01AM 150.00 Description lCost Project Cost 1 $ 42,500.00 B. Other services Resource Additional HR Services Hourly Rate 100.00 Opening Date: 09.29.2015 @ 2:OOPM Posted: 10.02.2015 Class and Comp CITY OF DELRAY BEACH RFP No. 2015-80 Management Advisory Group International, Inc. Bid A. Received :09.28.15010:13AM Description Cost Project Cost $ 35,400.00 Class Descriptions (Estimated 200 @ $65) $ 13,000.00 Total Cost Including Descriptions $ 48,400.00 B. Other services Resource Hourlv Rate A. B. Other MGT of America, Inc, Bid Received :09.28.15011:02AM Description Cost Project Cost $ 67,320.00 services Resource Hourly Rate Project Director $ 245.00 Technical Advisor $ 125.00 Senior Analyst $ 105.00 Analyst $ 70.00 A. B. Other Diane Meiller and Associates, Inc Bid Received :09.29.15@10:15AM Description Cost Project Cost (includes travel expenses) $ 76,600.00 services Resource Hourly Rate Ralph Parilla $ 200.00 Leslie O'Meara $ 180.00 Opening Date: 09.29.2015 @ 2:00PM Posted: 10.02.2015 CITY OF DELRAY BEACH 100 NW ls' AVENUE, DELRAY BEACH, FL 33444 RFP No. 2015-80 Civil Service Compensation and Classification Study 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 Advertisement CITY OF DELRAY BEACH, FLORIDA REQUEST FOR PROPOSALS RFP No. 2015-80 Civil Service Compensation and Classification Study The City of Delray Beach, Florida ("City") is soliciting proposals from qualified companies that will provide a Compensation and Classification Study for Civil Service positions at the City. Any person wishing to submit a proposal (i.e., a "Proposer") must comply with the requirements contained in the City's RFP. Sealed proposals will be accepted by the City's Purchasing Division in Room 206, City Hall, 100 N.W. 1St Avenue, Delray Beach, FL., 33444 until September 29, 2015 at 2:00 PM, at which time the names of the Proposers will be read aloud in the first floor conference room. Proposals received by the City after this deadline will not be considered. Each proposal must be submitted in a sealed envelope. The envelope shall contain: one (1) unbound proposal, labelled as the original; ten (10) copies of the proposal, labelled as copies; and one (1) computer disk ("CD") that contains a complete copy of the proposal in PDF format. Questions regarding this RFP must be delivered in writing via fax (561-243-7166) or e-mail vath(o-)mydelraybeach.com. Questions received after Friday, September 18, 2015 at 5:00 PM will not be addressed by the City. Copies of the RFP may be downloaded from www.DemandStar.com or copies of the RFP also may be requested via e-mail (purchasing@mydelraybeach.com). The City reserves its exclusive right to: reject any and all proposals; waive minor irregularities with regard to any proposal; determine whether a Proposer is responsible, responsive, and qualified; and determine whether to award its work to one or more Proposers. TABLE OF CONTENTS Contents 1.1 INTRODUCTION............................................................................................................................................5 1.2 INQUIRIES AND OBJECTIONS CONCERNING THIS RFP...................................................................................5 1.3 NO ORAL INTERPRETATIONS OF RFP.............................................................................................................5 1.4 REVIEWING THE RFP AND ADDENDA............................................................................................................5 1.5 REQUIREMENTS FOR SUBMITTAL OF PROPOSALS.........................................................................................6 1.6 DEADLINE FOR DELIVERY OF PROPOSALS.....................................................................................................6 1.7 SCHEDULE AND DEADLINES FOR RFP............................................................................................................6 1.8 EVALUATION OF PROPOSALS BY SELECTION COMMITTEE............................................................................6 1.9 AWARD OF CONTRACT BY CITY COMMISSION..............................................................................................8 1.10 THE CITY'S ACCEPTANCE OR REJECTION OF PROPOSALS..........................................................................8 1.11 LIMITATIONS ON PROPOSER'S RIGHTS.....................................................................................................9 1.12 MISTAKES.................................................................................................................................................9 1.13 LIMITED OR CONDITIONAL PROPOSALS...................................................................................................9 1.14 CONFLICTS OF INTEREST.........................................................................................................................10 1.15 LEGAL REQUIREMENTS...........................................................................................................................10 1.16 PUBLIC ENTITY CRIMES...........................................................................................................................10 1.17 ANTI-DISCRIMINATION..........................................................................................................................10 1.18 LITIGATION CONCERNING THE RFP AND AGREEMENT...........................................................................10 1.19 ADVERTISING.........................................................................................................................................11 1.20 PUBLIC RECORDS....................................................................................................................................11 1.21 DRUG-FREE WORKPLACE........................................................................................................................11 1.22 FUNDING IS CONTINGENT......................................................................................................................11 1.23 INSURANCE............................................................................................................................................11 1.24 TAXES.....................................................................................................................................................12 1.25 PROTEST PROCEDURES..........................................................................................................................12 1.26 LOBBYING..............................................................................................................................................12 1.27 LIMITATIONS ON COMMUNICATIONS - CONE OF SILENCE.....................................................................12 1.28 OFFICE OF THE INSPECTOR GENERAL.....................................................................................................13 1.29 PROHIBITION ON PERSONS WITH OUTSTANDING OBLIGATIONS TO MUNICIPALITIES (CLEAN HANDS POLICY) 14 1.30 PROHIBITION ON SCRUTINIZED COMPANIES..........................................................................................14 1.31 COST OF PROPOSAL PREPARATION........................................................................................................14 1.32 SUBCONTRACTORS AND TEMPORARY LABOR........................................................................................14 1.33 NO ASSIGNMENT OR TRANSFER OF PROPOSALS....................................................................................14 SECTION 2: SCOPE OF WORK...................................................................................................16 2.1 AUTHORIZATION TO BIND PROPOSER........................................................................................................16 2.2 PROPOSAL FORMAT...................................................................................................................................16 2.3 PROPOSAL DESCRIPTION............................................................................................................................17 SECTION 3: FORMS FOR PROPOSALS...................................................................................19 Proposal Submittal Signature Page...................................................................................................................... 20 PublicEntity Crimes.............................................................................................................................................21 Drug -Free Workplace...........................................................................................................................................22 Conflict of Interest Disclosure Form.....................................................................................................................23 Acknowledgementof Addenda............................................................................................................................ 24 CostProposal....................................................................................................................................................... 25 SECTION 1: TERMS AND CONDITIONS 1.1 INTRODUCTION The purpose of this Request for Proposal ("RFP") is to provide a Compensation and Classification Study for Civil Service positions at the City. Section 1 of this RFP describes the general terms and conditions that will apply to this RFP. Section 2 of this RFP describes the scope of services for any proposer wishing to submit a proposal in response to this RFP. Section 3 of this RFP provides forms and instructions for preparing a proposal in response to this RFP. Section 4 contains the sample Agreement ("Agreement") that will be executed by the selected Proposer. 1.2 INQUIRIES AND OBJECTIONS CONCERNING THIS RFP All Proposers shall carefully examine this RFP, including the forms and the Agreement. If a Proposer discovers any ambiguities or inconsistencies in any aspect of this RFP, the Proposer shall immediately notify the City's Chief Purchasing Officer. No later than Friday, September 18, 2015 at 5:00 PM each Proposer shall deliver to the City all of the Proposer's (a) questions concerning the intent, meaning and interpretation of this RFP, including the Agreement and (b) objections to the terms of this RFP, including the Agreement. Each Proposer shall be deemed to have waived all questions and objections that are not submitted to the City in compliance with this Section 1.2. A Proposer's questions and objections may be delivered to the City by mail, e-mail, or fax, but all such submittals shall be in writing and addressed to: Holly Vath City of Delray Beach 100 N.W. 1St Avenue Delray Beach, Florida 33444 Facsimile: (561) 243-7166 E-mail: vath(a)mydelraybeach.com 1.3 NO ORAL INTERPRETATIONS OF RFP No Person is authorized to give oral interpretations of, or make oral changes to, this RFP. Therefore, oral statements about the RFP by the City's representatives will not be binding on the City and should not be relied upon by a Proposer. Any interpretation of, or change to, this RFP will be made in the form of a written addendum to the RFP. A Proposer can only rely upon those interpretations of, or changes to, this RFP that are issued by the City in an addendum. By submitting a proposal, a Proposer certifies that its proposal is made without reliance on any oral representation by the City, its agents, or employees. 1.4 REVIEWING THE RFP AND ADDENDA Each Proposer should closely examine all of the documents and requirements in this RFP. It is the sole responsibility of the Proposer to ensure that he or she has received all of the pages of the RFP. In accordance with the provisions of the American with Disabilities Act, this RFP may be requested in an alternate format. If revisions to this RFP become necessary, the City will issue written addenda. All addenda must be acknowledged by each Proposer. A proposal may be rejected as non- responsive if the Proposer fails to submit an "Acknowledgement of Addendum" form with its proposal. Addenda may be downloaded from the City's website at www.mydelraybeach.com. The City provides this website as a courtesy only and assumes no responsibility for errors or omissions that may affect a proposal submitted in response to this RFP. Each Proposer should contact the City no more than five (5) calendar days prior to the deadline for submitting proposals to determine whether any addenda have been issued. No addendum will be issued less than five (5) calendar days before the date for submitting proposals, except an addendum withdrawing the RFP or postponing the deadline for the submittal of proposals. 1.5 REQUIREMENTS FOR SUBMITTAL OF PROPOSALS The specific requirements for preparing a proposal are set forth in Section 2 of this RFP. By submitting a proposal, the Proposer agrees to be subject to all of the terms and conditions specified herein. The Proposer agrees to utilize the contact attached as Exhibit A. 1.6 DEADLINE FOR DELIVERY OF PROPOSALS Proposals must be delivered to the City's Purchasing Division in Room 202, City Hall, 100 N.W. 1st Ave., Delray Beach, Florida 33444-2698, before the deadline specified in Section 1.7 of this RFP. It is the Proposer's sole responsibility to ensure that its proposal is complete and delivered at the proper place before the deadline. Proposals that are not delivered before the deadline will not be considered by the City. Such proposals will be returned unopened. Proposals submitted by facsimile, telephone, or electronic means will not be accepted. A proposal may not be altered by the Proposer after the deadline for submitting proposals. 1.7 SCHEDULE AND DEADLINES FOR RFP A summary schedule of the major activities associated with this RFP is presented in Table 1, below. The City, at its sole discretion, may modify the schedule as the City deems appropriate. The City will provide notification of any changes to the schedule by issuing written addenda. Table 1 ACTIVITY DATE Issue RFP August 30, 2015 Deadline for Delivery of Written Questions and Objections September 15, 2015, 5:00 PM Deadline for Delivery of Proposals September 29, 2015, 2:00 PM Institute Cone of Silence September 29, 2015, 2:00 PM Selection Committee reviews Proposals October 2015 City Commission approval and award of contract October/November 2015 1.8 EVALUATION OF PROPOSALS BY SELECTION COMMITTEE The City Manager will designate a Selection Committee to review and evaluate the proposals submitted in response to this RFP. The review process will be conducted in two phases. In Phase One, the Selection Committee shall determine whether each Proposer is responsive. For the purposes of this RFP, a responsive Proposer means a Person that has submitted a proposal that conforms in all material respects to the requirements in the RFP. Accordingly, in Phase One, the Selection Committee will determine whether each Proposer correctly submitted and completed all of the necessary forms, documents, and information. In Phase Two of the review process, the Selection Committee will determine whether each Proposer is responsible. For the purposes of this RFP, a responsible Proposer means a Person that has the capacity in all respects to fully perform the contract requirements and has the integrity and reliability that will ensure good faith performance. In Phase Two, each proposal will be evaluated in light of the following criteria: 1. Proposer's experience in Florida. 2. Proposer's qualifications. 3. Proposer's approach to the project. 4. Proposer's prior performance when providing similar services. 5. Proposer's responsiveness and completeness of the proposal. 6. Any other relevant information concerning the Proposer's ability to provide outstanding service, value, and other benefits that are consistent with the best interests of the City, including Optional Services. 7. Proposer's cost of services. At any time during Phase One and Phase Two, the City may conduct any investigations it deems necessary to evaluate the proposals. Each Proposer shall promptly provide the City with any additional information reasonably requested by the City. The City shall have the right to make additional inquiries, interview some or all of the Proposers, visit the facilities of one or more of the Proposers, or take any other action the City deems necessary to fairly evaluate a proposal. At any time during Phase One and Phase Two, the City may reject a proposal if the City concludes the Proposer is not qualified -- i.e., the Proposer does not satisfy the minimum criteria set forth in this RFP. During Phase Two, proposals will be evaluated in light of the weighted criteria listed below: These weighted criteria are provided to assist in the review of the proposals. These criteria also will guide the Selection Committee by establishing a general framework for the Selection Committee's deliberations during the short -listing and final ranking of Proposers. Weight 1. Proposer's experience in Florida. 50% 2. Proposer's qualifications. 3. Proposer's approach to the project. 4. Proposer's prior performance when providing similar services. 5. Proposer's responsiveness and completeness of the proposal. 6. Any other relevant information concerning the Proposer's ability to provide outstanding service, value, and other benefits that are consistent with the best interests of the City, including Optional Services. Cost of services 50% 100% These weighted criteria are provided to assist in the review of the proposals. These criteria also will guide the Selection Committee by establishing a general framework for the Selection Committee's deliberations during the short -listing and final ranking of Proposers. The Selection Committee will use a consensus approach during the review of the proposals. The Selection Committee will rank the Proposers using the weighted criteria, based on the evaluation of the merits of the Proposer's proposal. At its option, the Selection Committee may allow each Proposer on the short list to make a presentation to the committee. If presentations are allowed, the Selection Committee shall perform a final ranking of short-listed proposers. A consensus approach will be used for the final ranking. The Selection Committee will present its recommendation to the City Commission for approval and award of the contract. Please note that the Selection Committee and the City Commission may select the Successful Proposer without allowing any presentations or interviews by any Proposer. For this reason, each Proposer must ensure that its proposal contains all of the information requested in this RFP. 1.9 AWARD OF CONTRACT BY CITY COMMISSION The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 1.10 THE CITY'S ACCEPTANCE OR REJECTION OF PROPOSALS The City reserves its exclusive right to: ■ reject any and all proposals that fail to satisfy the requirements and specifications in this RFP; ■ accept the proposal which, in the judgment of the City Commission, is the best overall proposal, based on the six (6) criteria listed in Section 1.8, above; ■ reject any and all non-responsive proposals; ■ waive minor irregularities in any proposal; ■ issue addenda or otherwise revise the requirements in this RFP; ■ reject all proposals, with or without cause; ■ issue requests for new proposals; ■ and cancel this RFP. The City shall decide, in its sole discretion, whether to reject a proposal as non-responsive. Among other things, a Proposal may be found to be non-responsive if the Proposer: failed to provide the information requested in the RFP; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, misleading, or exaggerated. The City may reject a proposal for any reason that the City deems sufficient. For example, the City may reject one or more proposals if: the Proposer misstates or conceals any material fact in their proposal; the proposal does not conform to the requirements of Applicable Law; the proposal is subject to conditions or qualifications; a change occurs that makes this RFP unnecessary for the City; any Person submits more than one proposal under the same or different names; a Proposer fails to perform satisfactorily or meet its financial obligations on previous contracts; the Proposer employs unauthorized aliens in violation of Section 274(A)(e) of the Immigration and Naturalization Act; or the Proposer is listed on the U.S. Comptroller General's List of Ineligible Companies for Federally Financed or Assisted Projects. Any or all proposals may be rejected if the City concludes that collusion existed among two or more of the Proposers. Proposals received from the participants in such collusion will not be considered for the same work if this RFP is re -advertised. More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If a Proposer is involved in more than one proposal for the same work, the City may reject all proposals in which such Proposer is believed to be involved. The City may reject proposals if two (2) or more Proposers are planning a merger, or are in the process of merging with or acquiring other Proposers, and the City concludes that the Proposers are not submitting bona fide or uncompromised proposals. In such cases, the City may reject all proposals in which such Proposers are involved. Any and all compromised proposals will be rejected if there is reason to believe that collusion exists between Proposers. 1.11 LIMITATIONS ON PROPOSER'S RIGHTS By submitting a proposal, each Proposer acknowledges and agrees that the submittal of a proposal constitutes a binding offer by the Proposer and the offer shall not be withdrawn for at least ninety (90) days after the proposal is delivered to the City. Further, by submitting a proposal, each Proposer acknowledges and agrees that: (a) no enforceable contract will arise between the City and the Proposer unless the City signs the Agreement with the Proposer; (b) no action will lie against the City to compel the City to execute the Agreement or any other contract at any time; (c) the City is not obligated to award its Agreement to the Proposer that offers the lowest prices to the City; (d) the City shall be the sole judge of the procedure used to select the best proposal, and the determination of which proposal is most advantageous to or in the best interests of the City; and (e) each Proposer waives any and all claims it may have to damages, lost profits, costs, expenses, attorneys' fees, or other injuries if the City decides it will not sign the Agreement with the Proposer. 1.12 MISTAKES Proposers are expected to carefully examine the specifications in this RFP. FAILURE TO DO SO WILL BE AT PROPOSER'S RISK. In the event of arithmetic error(s), the unit price will prevail and the Proposer's total offer will be corrected accordingly. Written amounts shall take precedence over numerical amounts. Proposals having erasures or corrections must be initialed in blue ink by the Proposer. Failure to do so may result in the rejection of the proposal. 1.13 LIMITED OR CONDITIONAL PROPOSALS The City will not accept additional terms or conditions that a Proposer includes with its proposal. A Proposer shall not attempt to limit, restrict, or qualify its proposal. A Proposer's adjustments, changes to, or deviations from the RFP will not be accepted by the City. Any and all such terms, conditions, limitations, and qualifications shall have no force and effect. 14 CONFLICTS OF INTEREST Each Proposer must disclose the name of any officer, director, agent, or employee of the Proposer, or any relative of an officer, director, agent, or employee of the Proposer, that is also an employee of the City. Further, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its subsidiaries or affiliates. No Proposer may own or have a financial interest in more than ten percent (10%) of any other Proposer, regardless of whether such ownership is direct or through a parent, subsidiary or holding company or any other business entity. 1.15 LEGAL REQUIREMENTS Each Proposer must comply with all federal, state, and local laws, ordinances, rules and regulations that are applicable to this RFP and the work to be performed under the Agreement. The Proposer's lack of knowledge about the Applicable Law shall not be grounds for relief from such laws, or constitute a defense against the enforcement of such laws. By submitting a proposal in response to this RFP, the Proposer represents that the Proposer is familiar with all federal, state, and local laws, ordinances, rules and regulations that are applicable to the services required under this RFP. If a Proposer discovers any provision in this RFP that is contrary to or inconsistent with any Applicable Law, the Proposer shall promptly report it to the City's Chief Purchasing Officer. 1.16 PUBLIC ENTITY CRIMES Pursuant to F.S. 287.133, as amended, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit a proposal on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Each Proposer must certify that the Proposer is not subject to these prohibitions regarding public entity crimes. See Form 2. 1.17 ANTI -DISCRIMINATION The City is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination. The Successful Proposer will be prohibited from discriminating against any employee, applicant, or client because of race, color, religion, disability, sex, age, national origin, ancestry, marital status, sexual orientation, or gender identity or expression. 1.18 LITIGATION CONCERNING THE RFP AND AGREEMENT By submitting a proposal, the Proposer agrees that: (a) any and all legal actions necessary to interpret or enforce this RFP or the Agreement shall be governed by the laws of the State of Florida; and (b) the exclusive venue for any litigation concerning this RFP or the Agreement shall be the state and federal courts in and for Palm Beach County, Florida. 1.19 ADVERTISING By submitting a proposal, each Proposer agrees not to use the results of said submittal as a part of any advertising or Proposer sponsored publicity without the express prior written approval of the City. 1.20 PUBLIC RECORDS Any material submitted in response to this RFP will become a public record and shall be subject to public disclosure consistent with the Public Records Law (Chapter 119, Florida Statutes), except as may be provided by the Public Records Law or other applicable state or federal law. If a Proposer contends that part of its proposal is not subject to disclosure, the Proposer shall identify specifically any information contained in the proposal that the Proposer considers confidential or otherwise exempt from disclosure under the Public Records Law, and the Proposer shall cite the specific section of the law creating the exemption for such information. The City reserves its right to make all determinations concerning the applicability of the Public Records Law to any documents submitted in response to this RFP. The City shall have no liability to a Proposer for the public disclosure of any material submitted to the City in response to this RFP. 1.21 DRUG-FREE WORKPLACE Each Proposer must certify that it has a Drug -Free Workplace ("DFW") program. Each vendor must complete and submit the attached DFW form with its proposal. 1.22 FUNDING IS CONTINGENT The obligations of the City under this RFP and the Agreement are subject to the availability of funds lawfully appropriated for such purposes. 1.23 INSURANCE The selected Proposer shall not commence any performance pursuant to the terms of this RFP until certification or proof of insurance has been received and approved by the City's Risk Management Office. The required insurance coverage is to be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of A- or better, in accordance with the latest edition of A.M. Best's Insurance Guide. This insurance shall be documented in certificates of insurance, which provides that the City of Delray Beach shall be notified at least thirty (30) days in advance of cancellation, non -renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of the selected Proposer's obligation to fulfill the insurance requirements herein. Deductibles must be acceptable to the City of Delray Beach. The selected Proposer must submit a current Certificate of Insurance, naming the City of Delray Beach as an additional insured and list as such on the insurance certificate. New certificates of insurance are to be provided to the City upon expiration. The selected Proposer shall provide insurance coverage as follows: • Worker's Compensation - The selected Proposer shall carry Worker's Compensation Insurance to apply for all employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal laws. • Comprehensive General Liability - The selected Proposer shall carry Comprehensive General Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00). To include Products/Completion Liability of One Million Dollars ($1,000,000) or the sum of Comprehensive General Liability limits and Excess Liability limits must equal no less than One Million Dollars ($1,000,000.00). 1.24 TAXES The City is exempt from federal excise and state sales taxes. Vendors and contractors doing business with the City shall not be exempted from paying sales tax to their suppliers for materials used to fulfill contractual obligations with the City. Vendors/Contractors shall not be authorized to use the City's tax exemption number when securing such materials. 1.25 PROTEST PROCEDURES As noted above, the Selection Committee will review each proposal in two (2) phases. During Phase One, the Selection Committee will determine whether each Proposer is responsive. During Phase Two, the Selection Committee will determine whether each Proposer is responsible. If the Selection Committee determines that a Proposer is not responsive or not responsible, the Chief Purchasing Officer shall post notice of the Selection Committee's determination in City Hall. The Chief Purchasing Officer also shall post notice in City Hall after the City Commission selects the Successful Proposer. Any Proposer who is aggrieved by the decisions of the Selection Committee or the City Commission may file a protest pursuant to Section 36.04 (entitled "Protest Procedures") of the Delray Beach Code of Ordinances. However, nothing contained in this RFP shall be deemed to limit the authority of the City Commission under special or general law. 1.26 LOBBYING All Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance (Section 2-351 of the Palm Beach County Code of Ordinances) applies to the City and this RFP. Any violation of this requirement may cause the Proposer to be disqualified and prohibited from participating further in the RFP process. 1.27 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. Failure to adhere to the Cone of Silence provisions is cause for rejection of a bid. 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 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. The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. g. Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable." 1.28 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. 1.29 PROHIBITION ON PERSONS WITH OUTSTANDING OBLIGATIONS TO MUNICIPALITIES (CLEAN HANDS POLICY) No proposal shall be accepted from, nor will any contract be awarded to, any Person that is in arrears to the City for any debt or contract, or who is a defaulter, as surety or otherwise, of any obligation to the City, or who is deemed irresponsible or unreliable by the City. The City will be the sole judge of said determination. 1.30 PROHIBITION ON SCRUTINIZED COMPANIES As provided in Section 287.135, Florida Statutes, by entering into any agreement with the City, or performing any work in furtherance hereof, the Successful Proposer/Contractor certifies that Contractor and Contractor's affiliates, suppliers, subcontractors and consultants that will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes. If the City determines, using credible information available to the public, that a false certification has been submitted by the Successful Proposer/Contractor, the City's Agreement may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the Agreement shall be imposed, pursuant to Section 287.135, Florida Statutes. 1.31 COST OF PROPOSAL PREPARATION The Proposer assumes all risks and expenses associated with the preparation and submittal of a proposal in response to this RFP. The City shall not be liable for any expenses incurred by the Proposer when responding to this RFP, including but not limited to the cost of making presentations to the City. 1.32 SUBCONTRACTORS AND TEMPORARY LABOR If a Proposer has entered into a contract with a Subcontractor or intends to enter into a contract with a subcontractor to provide part or all of the services requested in this RFP, the Proposer must identify the subcontractor in its proposal, and identify the services that will be provided by the subcontractor. The Contractor shall be responsible for ensuring the subcontractor's compliance with the requirements in the Agreement. 1.33 NO ASSIGNMENT OR TRANSFER OF PROPOSALS Proposals shall not be assigned or transferred without the express written consent of the City. This prohibition includes and applies to assignments and transfers resulting from a sale or merger of a Proposer, or any other similar transaction that causes a material change in the ownership, management, or control of a Proposer. The Proposer shall immediately notify the City if the Proposer or a third -party releases any public information (e.g., a press release; a filing with a state or federal agency) concerning a proposed sale or merger of the Proposer, or any similar transaction that may materially change the ownership, management, or control of the Proposer. Failure to comply with the requirements in this Section may result in the Proposer being disqualified from the City's RFP process. In all cases, the City shall have the exclusive authority to determine whether the City should reject the Proposer's proposal in light of the proposed sale, merger, acquisition, or other transaction. If the City discovers that a Proposer will be purchased by or merged with another business entity prior to the execution of the Agreement, the City shall have the sole right to determine whether the City will execute the Agreement with the new entity. SECTION 2: SCOPE OF WORK 2.1 AUTHORIZATION TO BIND PROPOSER Each proposal must be manually signed in blue ink by a Person who is legally authorized to bind the Proposer to the proposal. Each proposal shall remain valid for at least ninety (90) days after it is submitted to the City. Proposals by corporations must be executed in the corporate name by the President or Vice -President (or other corporate officer if accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested to by the company's Secretary or an Assistant Secretary. The corporate address and state of incorporation shall be shown below the signature. Proposals by partnerships must be executed in the partnership name and signed by a partner. His or her title must appear under his or her signature and the official address of the partnership must be shown below the signature. 2.2 PROPOSAL FORMAT Each proposal shall be typewritten on 8'/2" x 11" white paper. The pages of the copies shall be secured by staple, binding, three-ring binder, or similar closure. Proposals shall be organized in chapters, as indicated in Table 2. Chapters shall be separated by tabs indicating the chapter numbers. All pages are to be consecutively numbered. If a form is provided and there is insufficient space for a response on the form, the response may be continued on a blank page immediately following the form. The additional pages shall be numbered the same as the form, with the addition of the letter "a", "b", "c", etc. If a form is provided and additional copies of the form are needed, the form may be copied by the Proposer. The copied pages shall be numbered the same as the form, with the addition of the letter "a", "b", "c", etc. Responses to this RFP must be complete and unequivocal. In instances where a response is not required or a question is not applicable to the proposal, a response such as "no response required" or "not applicable" shall be provided. Table 2 - Proposal Format Chapter 1 Letter of Intent and Form 1 Chapter 2 Proposer's Statement of Organization Chapter 3 Qualifications Chapter 4 Project Approach Chapter 5 References Chapter 6 Form 2, Form 3 and Form 4 Chapter 7 Form 5 Acknowledgement of Addenda Chapter 8 Form 6 Proposed Cost 2.3 PROPOSAL DESCRIPTION A. The goals for the study: 1) Identify and address internal compensation inequities and adjust job titles to better fit assigned duties where necessary. 2) Move the organization toward a performance-based and market-driven compensation plan and system that is designed to incentivize, recognize, and retain its employees. 3) Implement tools and techniques to support an ongoing reclassification process that will enable the organization to maintain its competitive place in the market. B. The study should include: 1) Assess all current Civil Service job classifications(Exhibit B) and analyze, document, and validate same for knowledge, skills, abilities, essential functions, education and experience, relevance and hierarchical consistency, job definitions, distinguishing characteristics, salary range, actual salary, supervision received and exercised and any special requirements, licensing and/or certifications. 2) Assess all current Civil Service job descriptions to determine whether they are EEO and ADA compliant. 3) Develop job categories to become the building blocks for the City's career pathing and succession planning initiatives. 4) Review each position for correct FLSA exempt and non-exempt status designation. 5) Review the City's "FLSA Days" policy for exempt positions, using surrounding cities as a comparison, and make a recommendation. 6) Review the City's compensation related policies and provide appropriate and viable recommendations. 7) Interviews employees and appropriate supervisory and management personnel, as required. 8) The Consultant shall determine the appropriate and relevant regional labor market for the compensation study. The consultant should not limit the labor market to one single source. 9) Identify potential pay compression issues and provide alternative solutions, including addressing employees who "top out" (employee's actual salary exceeds the maximum salary level for the salary range) in their classification. 10) Analyze the impact of any potential changes on the City's compliance with pay equity. 11) The Consultant will recommend appropriate salary ranges for existing or proposed positions based on the Classification Study and on the compensation survey results. 12)The Consultant shall prepare written report of recommendations and assist in their implementation, including discussion of method, techniques and data used to develop the Classification & Compensation Study. 13)The Consultant shall provide a model to enable City of Delray Beach staff to conduct individual audits and adjustments consistent with the study methods until the next formal study is conducted. C. Requirements of the Proposals: 1) Successful proposals will provide a project schedule, including key milestones. 2) Proposals will also describe the methodology to be used to gather the appropriate information. 3) Proposers should also identify and quantify in terms of time, the nature and scope, or services to be provided by City staff to assist in the project's completion. 4) Provide references of similar organizational assessments completed. The submission of proposals will also include the company profiles, staffing of the firm, proposed process timeline and any potential statements regarding conflict of interest. 5) Changes to the proposals can be completed upon the written request of either party, but must be approved in writing by both parties. D. Minimum Qualifications 1) The proposer has advanced knowledge of the laws and practices relating to employee classification and compensation within a municipal government setting. 2) The proposer has a demonstrated track record of success in handling all aspects of employee classification and compensation and at least five (5) years of providing these services to public entities in the State of Florida. 3) Each proposer shall identify all public agencies they have performed relevant work for in the past three (3) years. When possible, include references from cities of a similar size and characteristics to the City of Delray Beach. 4) The proposer can demonstrate an understanding of the assignment and knowledge of the skills necessary to serve in the role of the Classification and Compensation Consultant. SECTION 3: FORMS FOR PROPOSALS Each Proposer must complete and submit the forms included in this Section 3 of the RFP. A Proposer may be disqualified if its forms are not completed fully and in compliance with the instructions contained herein. Form 1. Proposer's Submittal Form 2. Public Entity Crimes Form 3. Drug -Free Workplace Form 4. Conflict of Interest Form 5. Acknowledgement of Addenda Form 6. Cost Proposal 19 FORM 1 Proposal Submittal Signature Page By signing this Proposal, the Proposer certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Firm Name Sig nature Name and Title(Print or Type) Date By signing this document, the Proposer agrees to all terms and conditions of this Solicitation and the resulting contract/agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL. 20 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 21 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 22 FORM 4 Conflict of Interest Disclosure Form The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the Proposer's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this proposal. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this proposal. Acknowledged by Firm Name Sig nature Name and Title(Print or Type) Date 23 FORM 5 Acknowledgement of Addenda The Proposer hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP. The Proposer acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM DATE PRINT NAME OF TITLE OFSIGNATURE OF NUMBER RECEIVED PROPOSER'S PROPOSER'S PROPOSER'S AGENT AGENT AGENT 24 A. Form 6 Cost Proposal Description Cost Project Cost $ B. Other services Resource Hourly Rate C. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin, Broward and Dade County Governmental agencies? ❑ Yes ❑ No D. BID INFORMATION WAS OBTAINED FROM: ❑ DemandStar ❑ Newspaper Ad ❑ City Hall ❑ Email ❑ Other, please specify: 25 AGREEMENT BETWEEN THE CITY OF DELRAY BEACH and for This is an Agreement ("Agreement"), made and entered into by and between: Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as "City'll and , a Florida corporation, hereinafter referred to as "Second Party," (collectively referred to as the "Parties"). WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 9, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or the Director of the Delray Beach Division. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Second Party and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the Exhibit A 1 administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager - The administrative head of City appointed by the Board. 1.5 City Attorney - The chief legal counsel for City appointed by the Board. 1.6 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 Second Party shall perform all work identified in this Agreement and Exhibit "A". The Scope of Services is a description of Second Party's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Second Party impractical, illogical, or unconscionable. 2.2 Second Party acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall begin on the date it is fully executed by the Parties and shall end on . The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 3.2 All duties, obligations, and responsibilities of Second Party required by this Agreement shall be completed no later than Time shall be deemed to be of the essence in performing the duties, obligations, and responsibilities required by this Agreement. 3.3 In the event services are scheduled to end due to the expiration of this Agreement, the Second Party agrees that it shall continue service upon the request of the Contract Administrator. The extension period shall not extend for greater than three months beyond the term of the Agreement. The Second Party shall be compensated for the service at the rate in effect when the extension is Exhibit A 2 invoked by the City upon the same terms and conditions as contained in this Agreement as amended. The Chief Purchasing Officer shall notify Second Party of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. ARTICLE 4 COMPENSATION 4.1 City will pay Second Party, in the manner specified in Section 4.3, the total amount of Dollars ($ ) for work actually performed and completed pursuant to this Agreement and Dollars ($ ) for all reimbursables provided for in Section 4.2, which amounts shall be accepted by Second Party as full compensation for all such work and expenses. Second Party acknowledges that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Second Party for its services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Second Party's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.2 REIMBURSABLES 4.2.1 In accordance with and pursuant to the City's procurement code and subject to the limitations set forth below, reasonable expenses, which are directly attributable to the Project may be charged at no more than actual cost. The maximum sum which may be charged for expenses shall not exceed Dollars ($ ), and shall be limited to the following: a) Identifiable transportation expenses in connection with the Project, subject to the limitations of Section 112.061, Florida Statutes. Transportation expenses to locations outside the Miami-Dade/Broward/Palm Beach County area or from locations outside the Miami-Dade/Broward/Palm Beach County area will not be reimbursed unless specifically authorized in advance and in writing by the Contract Administrator. Transportation expenses to and from locations within the Miami-Dade/Broward/Palm Beach County area will not be reimbursed. b) Cost of printing drawings and specifications which are required by or of Second Party to deliver services set forth in this Agreement. Exhibit A 3 4.2.2 A detailed statement of expenses must accompany any request for reimbursement. Expenses other than auto travel must be documented by copies of paid receipts, checks, or other evidence of payment. 4.2.3 Second Party acknowledges that the dollar limitation set forth in Section 4.2.1 is a limitation upon, and describes the maximum extent of, City's obligation to reimburse Second Party for expenses, but does not constitute a limitation, of any sort, upon Second Party's obligation to incur such expenses or perform the services identified in Article 2. 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 Second Party may submit invoices for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. Second Party shall submit with each invoice a Certification of Payments to Subcontractors and Suppliers (Exhibit "B"). The certification shall be accompanied by a copy of the notification sent to each subcontractor and supplier listed in item 2 of the form, explaining the good cause why payment has not been made. 4.3.2 City shall pay Second Party within thirty (30) calendar days of receipt of Second Party's proper invoice, or as required by Florida Law. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of Second Party to comply with a term, condition, or requirement of this Agreement. 4.3.3 Second Party shall pay its subcontractors and suppliers within thirty (30) days following receipt of payment from City for such subcontracted work or supplies. If Second Party withholds an amount from subcontractors or suppliers as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from City. 4.4 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator or Exhibit A 4 1 P a g e failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. 4.5 Payment shall be made to Second Party at: ARTICLE 5 INDEMNIFICATION Second Party shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Second Party, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Second Party shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Second Party under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. ARTICLE 6 INSURANCE 6.1 Second Party shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit "C" in accordance with the terms and conditions stated in this Article. 6.2 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A-. Coverage shall Exhibit A 5 . be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office. Second Party shall name City as an additional insured under the primary and non-contributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is City of Delray Beach, Florida. This official title shall be used in all insurance documentation. 6.3 Within fifteen (15) days of notification of award, Second Party shall provide to City proof of insurance in the form of Certificate(s) of Insurance and applicable endorsements, Declaration pages, or insurance policies evidencing all insurance required by this Article. City reserves the right to obtain a certified copy of any policies required by the Article upon request. Coverage is not to cease and is to remain in force until the City determines all performance required of Second Party is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated in Exhibit "C." City shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to City upon expiration. 6.4 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. 6.5 If Second Party uses a subconsultant or subcontractor, Second Party shall ensure that each subconsultant or subcontractor names "City of Delray Beach, Florida" as an additional insured under the subconsultant's or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies. ARTIC'I F 7 TERMINATION 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by City, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be Exhibit A 6 deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Second Party's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the Second Party is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Second Party provides a false certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for convenience, Second Party shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Second Party acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Second Party, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Second Party shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 NON-DISCRIMINATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Second Party to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Exhibit A 7 Second Party shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. Second Party shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Second Party shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Second Party shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Second Party represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Second Party all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 9 MISCELLANEOUS 9.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Second Party grants to City a non- exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Second Party, whether finished or unfinished, shall become the property of City and shall be delivered by Second Party to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to Second Party shall be withheld until all documents are received as provided herein. Exhibit A 8 1 P a g 9.2 PUBLIC RECORDS City is a public agency subject to Chapter 119, Fla. Stat. Second Party shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Purchaser agrees to: 9.2.1 Keep and maintain all records that ordinarily and necessarily would be required by the City. 9.2.2 Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. 9.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 9.2.4 Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Second Party at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Second Party. 9.2.5 If Second Party does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.3 INSPECTOR GENERAL. Second Party is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Second Party and its sub licensees and lower tier sub licensees. Second Party understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Second Party or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. Exhibit A 9 1 P a g 9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Second Party and its subcontractors that are related to this Project. Second Party and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Second Party and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Second Party and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Second Party shall ensure that the requirements of this Section 9.3 are included in all agreements with its subcontractor(s). 9.5 TRUTH -IN -NEGOTIATION REPRESENTATION Second Party's compensation under this Agreement is based upon representations supplied to City by Second Party, and Second Party certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 9.6 PUBLIC ENTITY CRIME ACT Second Party represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a Exhibit A 10 1 P a q contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Second Party further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Second Party has been placed on the convicted vendor list. 9.7 INDEPENDENT CONTRACTOR Second Party is an independent contractor under this Agreement. Services provided by Second Party pursuant to this Agreement shall be subject to the supervision of Second Party. In providing such services, neither Second Party nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Second Party or Second Party's agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFICIARIES Neither Second Party nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: Exhibit A 11 1 For City: City Hall, Room 100 N.W. 1St Avenue Delray Beach, Florida 33444 For Second Party: 9.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Second Party shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Second Party of this Agreement or any right or interest herein without City's written consent. Second Party represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Second Party shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Second Party's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 9.11 CONFLICTS Neither Second Party nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially Exhibit A 12 1 P o g c antagonistic or incompatible with Second Party's loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Second Party's officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Second Party is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Second Party or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Second Party is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Second Party shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Second Party. 9.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 COMPLIANCE WITH LAWS Second Party shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Second Party elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. Exhibit A 131 9.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 9.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 9.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect. 9.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, SECOND Exhibit A 141 PARTY AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 9.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Second Party or others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 9.21 PAYABLE INTEREST 9.21.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Second Party waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 9.21.2 Rate of Interest. In any instance where the prohibition or limitations of Section 9.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, Exhibit A 151 whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 9.22 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. The attached Exhibits are incorporated into and made a part of this Agreement. 9.23 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 9.25 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. (The remainder of this page is intentionally left blank.) Exhibit A 161 IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Board, signing by and through its Mayor or Vice -Mayor, authorized to execute same by Board action on the day of 20_, and Second Party, signing by and through its duly authorized to execute same. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF DELRAY BEACH, FLORIDA go Mayor day of , 20 Exhibit A 171 AGREEMENT BETWEEN DELRAY BEACH, FLORIDA AND FOR WITNESSES: SECOND PARTY LIZ day of (SEAL) , President , 20 Exhibit A 181 EXHIBIT A SCOPE OF SERVICES Exhibit A 19 4 EXHIBIT B CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS RFP/RLI/Bid/Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that: 1. CONTRACTOR has paid all subcontractors and suppliers all undisputed contract obligations for labor, services, or materials provided on this project in accordance with Section 4.2.3 of the Agreement, except as provided in paragraph 2 below. 2. The following subcontractors and suppliers have not been paid because of disputed contractual obligations; a copy of the notification sent to each, explaining in reasonably specific detail the good cause why payment has not been made, is attached to this form: Subcontractor or Supplier's name Date of disputed Amount in and address invoice dispute 3. The undersigned is authorized to execute this Certification on behalf of CONTRACTOR. Dated .20 Contractor By (Signature) By (Name and Title) Exhibit A 201 CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS (Continued) STATE OF ) SS. COUNTY OF ) The foregoing instrument was acknowledged , 20_, by personally known to me or who has produced identification and who did/did not take an oath. WITNESS my hand and official seal, this before me this day of day of who is as , 20_ (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) typed, printed, or stamped (Title or rank) My commission expires: (Serial number, if any) Exhibit A 21 1 EXHIBIT C INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH Second Party shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. Second Party further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. B. General liability insurance with a minimum limit of $1,000,000 per occurrence and $2,000,000 in the aggregate annually, providing coverage for Premises and Operations, Products and Completed Operations, Fire Legal Liability, and Personal and Advertising Injury Liability. Insurance Policies must be obtained through insurance companies that are authorized to transact business in the State of Florida by the Department of Financial Services, and they must carry a minimum rating of A.M. Best of A- as to management and VII as to financial size. C. Motor Vehicle Liability Insurance covering all vehicles associated with Second Party operations to include all owned, non -owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. D. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non -renewal or cancellation. Second Party shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above. If any of the above coverages expire during the term of this Agreement, Second Party will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1St Avenue, Delray Beach, Florida 33444 with a copy to Assistant City Manager, 100 N.W. 1St Avenue, Delray Beach, FL 33444 Exhibit A 221 City of Delray Beach Pay Plan - FY 2014/2015 Civil Service Positions 8/28/2015 POSITION Accountant Accounting Clerk Accounting Manager Accounting Specialist Accreditation Manager Administrative Assistant Administrative Office Coordinator Administrative Officer Administrative Program Coordinator Administrative Services Coordinator Agenda Coordinator Alarm Unit Specialist Application Support Specialist Aquatics Operations Supervisor Assistant Chief Financial Officer Assistant City Attorney I Assistant City Attorney 11 Assistant City Attorney/Police Legal Advisor Assistant City Engineer Assistant City Manager - Operations Assistant City Manager - Support Services Assistant Community Improvement Director Assistant Environmental Services Director Assistant Fire Chief Assistant Parks Superintendent Assistant Planner Assistant Planning and Zoning Director Assistant Police Chief Auto Cadd Operator Auxiliary Police Officer Auxiliary Police Officer Part Time Auxiliary Police Officer in Training Backflow Inspector Background Investigator Part Time Battalion Chief Non -Shift Battalion Chief Shift Benefits Manager Building & Inspection Administrator Building Inspector Building Maintenance Superintendent Business Tax Receipt Specialist Buyer Chief Accounting Officer Exhibit B City of Delray Beach Pay Plan - FY 2014/2015 Civil Service Positions 8/28/2015 POSITION Chief Financial Officer Chief Information Officer Chief Innovation and Technology Officer Chief Purchasing Officer City Attorney City Clerk City Engineer City Manager Clean and Safe Streetsca e Supervisor Code Board Specialist Code Enforcement Administrator Code Enforcement Coordinator Code Enforcement Officer Code Enforcement Officer Supervisor Communications Manager Communications Specialist Communications Supervisor Community Improvement Coordinator Community Improvement Director Community Service Officer Community Service Officer Supervisor Construction Management Technician Construction Manager Construction Superintendent Contracts Administrator Crime Analyst Crime Scene Investigator Crime Scene Investigator Supervisor Customer Service Assistant Customer Service Representative Data Processor Deputy City Clerk Deputy Director of Construction Deputy Director of Public Utilities Deputy Director of Public Works Division Chief Division Chief - EMS Division Chief - Fire Marshall Education Coordinator Electrical Inspector EMS Billing Specialist EMS Billing Supervisor Engineering Inspector Exhibit B City of Delray Beach Pay Plan - FY 2014/2015 Civil Service Positions 8/28/2015 POSITION Engineer -In -Training Environmental Compliance Manager Environmental Services Director Evidence Custodian Evidence Custodian Assistant Executive Assistant Executive Assistant Part Time Executive Secretary to City Commission Executive Secretary to the City Manager Field Technician Fire and Life Safety Plan Reviewer Fire Chief Fleet Maintenance Superintendent GIS Analyst GIS Coordinator GIS Specialist GIS Specialist Part Time Housing Rehabilitation Inspector Human Resources Analyst Human Resources Director Human Resources Generalist Infrastructure Engineer - Telecommunications IPP Administrator IT Project Manager - Hardware IT Project Manager - Software IT Project Manager - Software Part Time IT Services Coordinator Junior Chemist Labor and Employee Relations Manager Laboratory Technician Lead Lifeguard Legal Secretary II Lifeguard Pool Manager of Maintenance Manager of Water Treatment Plant Manager of Water/Sewer Network Mechanical Inspector Meter Operations Supervisor Neighborhood Planner Neighborhood Services Administrator Network Engineer Ocean Rescue Superintendent Office Assistant I Exhibit B City of Delray Beach Pay Plan - FY 2014/2015 Civil Service Positions 8/28/2015 POSITION Out of School Program Supervisor Parking Enforcement Specialist Part Time Parking Facilities Manager Parks & Recreation Director Parks Maintenance Supervisor Parks Superintendent Payroll Administrator Pension Administrator Permit Clerk Permit Clerk Specialist Plan Review Technician Plan Reviewer Planner Planning and Zoning Director Planning, Budgeting & Control Manager Plumbing Inspector Police Captain Police Chief Police Information Specialist Police Information Specialist Supervisor Police Quartermaster Principal Planner Principal Planner Part Time Project Coordinator Project Coordinator - City Manager's Office Project Manager ESD/CRA Public Information Manager Public Information/Relations Coordinator Public Works Maintenance Supervisor Purchasing Assistant Purchasing Manager Records Management Assistant Recovery and Collections Specialist Recreation Leader Recreation Superintendent Recreation Supervisor I Recreation Supervisor 11 Recreation Supervisor III Rehabilitation Specialist(Housing) Rental Housing Inspector Risk Manager Safety Coordinator Sanitation Officer Exhibit B City of Delray Beach Pay Plan - FY 2014/2015 Civil Service Positions 8/28/2015 POSITION Seasonal IT Project Manager Seasonal Seasonal Recreation Leader Part Time Seasonal Recreation Supervisor I Part Time Seasonal Senior Recreation Leader Part Time Senior Chemist Senior Claims Specialist Senior Database Administrator Part Time Senior Landscape Planner Senior Office Automation Analyst Senior Plan Reviewer Senior Planner Senior Police Information Specialist Senior Programmer Database Administrator Senior Programmer Database Administrator Part Time Senior Recreation Leader Staff Assistant City Attorney Staff Assistant I Staff Assistant 11 Storm Water Administrator Streets Superintendent Sustainability Officer Technical Support & Logistics Manager Technical Support Analyst Technical Support Specialist Technical Systems Manager Traffic Engineer Traffic Maintenance Supervisor Training and Development Manager Treasurer Treasury Specialist Utilities Financial Manager Utilities Office Supervisor Utilities Supervisor Utility Billing Specialist Utility Inspector Water Treatment Plant Operations Spvsr. Exhibit B Selection Committee RFP No. 2015-80 Civil Service Compensation and Classification Study Michael Coleman Tennille Decoste Francine Ramaglia Gwen Spencer Sandra Thevenot Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid Lowest Responsive Bid ✓ (2) RFP ✓ Selection Committee Recommendation (2) Mr - (2) F(2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A) $25,000 and above (A S ecialit Good ❑ 36.03(B) Multiple acquisitions $25,000 and above V y (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (8) Cooperative Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes Q No Q Proposed Contract Term: Comments and Notes: Effective Date: Award for RFP 2015-80, Civil Service Classification and Compensation Study nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-247, Version: 1 TO: Mayor and Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 BID AWARD TO ACCORDIS INTERNATIONAL CORPORATION FOR HEWLETT-PACKARD COMPUTERS (BID NO. 2016-024) Recommended Action: Motion to Award Bid No. 2016-024 to Accordis International Corporation in the amount of $39,400.00 for the purchase of one hundred (100) Hewlett-Packard computers. This recommendation for award is in compliance with the Code of Ordinances, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from 334-6111-519-64.11 (General Construction Fund: Machinery & Equipment/Computer Equipment). Background: On October 9, 2015, the City issued a competitive Bid 2016-024 for the purchase of 100 Hewlett- Packard personal computers. On October 23, 2015, the City received seven responses, Accordis Internal Corp. was the lowest responsive bidder at $394.00 per computer. The bid award is in accordance with Code of Ordinances, Section 36.02 (A)(1), Sealed Competitive Method. The Information Technology Department will be replacing all City personal computers currently running Windows XP. Microsoft has discontinued support for that version of the Windows operating system. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Finance Department recommends approval. 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D n O n 2 � C7 ` 0 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: Effective Date: Bid Award for 100 HP Computers to Accordis International Corp. in the amount of $39,400. nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-287, Version: 1 TO: Mayor and Commissioners FROM: Tim Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 UPTOWN ATLANTIC IN -LIEU PARKING FEE REQUEST (QUASI-JUDICIAL HEARING) Recommended Action: Motion to Approve parking in -lieu fee request in the amount of $87,400.00 for 19 parking spaces (including the 19 -space credit for parallel spaces in the public rights-of-way) subject to the condition that the In -Lieu of Parking Fee Agreement be recorded and the first installment paid prior to issuance of a building permit, 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 the criteria set forth in Section 4.6.9(E) of the Land Development Regulations for the property Uptown Atlantic located on the south side of West Atlantic Avenue, between S.W. 9th Avenue and S.W. 6th Avenue. Background: The Parking Management Advisory Board (PMAB) considered the in -lieu fee request for 21 parking spaces ($96,600) at its meeting of July 28, 2015 and recommended approval, subject to the condition that the in -lieu credit for on -street parking spaces be granted only for up to 21 parking spaces. The applicant proposes to construct 50 on -street parking spaces adjacent to the subject property. The City Commission considered the in -lieu request at its meeting of November 3, 2015. The motion to approve the in -lieu request failed on a 2 to 2 vote (Petrolia, Jacquet dissenting, Jarjura absent). The applicant has revised the development proposal to provide 4 additional parking spaces on the subject property by converting a loading area to vehicle parking on the 600 block. This reduces the requested in -lieu request from 21 spaces to 19 spaces. The proposed mixed use project contains 17,267.3 square feet of office; 6,040 square feet of restaurant; 43,162 square feet of commercial/retail; and 112 multi -family dwelling units comprised of 15 efficiency units, 18 one -bedroom units, 75 two-bedroom units, and 4 three-bedroom units. Based on this use mix and the shared parking calculation, the project is required to provide 393 parking spaces on-site, but proposes only 355 spaces (38 spaces deficient). The project is entitled to receive a credit for the parallel parking spaces that will be constructed in the right-of-way (one space credit for every two spaces constructed). The project was recommended by PMAB to only receive in -lieu credit for those spaces that the project is deficient. The remaining spaces required (19) are proposed to be offset by the parking in -lieu fee under consideration. This credit reduces the in -lieu fee from $174,800 to $87,400. City of Delray Beach Page 1 of 2 Printed on 11/24/2015 powered by LegistarT"^ File M 15-287, Version: 1 It is noted that while the 50 spaces to be constructed within the public rights-of-way cannot be counted toward the parking provided for the proposed development, the actual number of new spaces provided (on-site and within the public right-of-way) by the development is 405 parking spaces (12 more than the total required). For comparison purposes, it is noted that the required parking for the proposed development is 354 under the new parking rates effective 2/24/15, which results in a surplus of one parking space and would negate the need for the in -lieu request. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 2 of 2 Printed on 11/24/2015 powered by LegistarT"^ 0 Lj ... j a a IUOIUU ISI I� I 11 I I I IJ ij N.W. 1ST ST. z z A T L A N T IC A V E N U E LJ a w a i no .v N N SUBJECT PROPERTY UPTOWN ATLANTIC PLANNING AND ZONING LOCATION MAP �.r. DEPARTMENT -- DIGITAL 84SE MAP SYSTEM -- MAP REF: S:\Planning h Zoning\DBMS\Flle—Cob\Z—LM 1001-1500\LM1498_Uptown Atlantic Complete Site DELRAY BEACH Planningand Zoning g All-America Ciiy Department 11111(F MEMORANDUM 1993 2001 TO: Parking Management Advisory Board FROM: Scott Pape, Principal Planner DATE: July 18, 2015 RE: Uptown Atlantic In -lieu Parking Proposal The property is located on the south side of West Atlantic Avenue, between S. W. 91" Avenue and S.W. 6t" Avenue. The action before the Board is a recommendation to the City Commission on an in -lieu parking request for Uptown Atlantic. This is a mixed use development in the CBD (Central Business District) zoning district consisting of 17,267.30 square feet of office use; 6,098.8 square feet of restaurant use; 43,162 square feet of commercial/retail use; and 112 multi -family dwelling units. The CBD allows up to 12 dwelling units per acre "by right" in the West Atlantic Neighborhood; 18 dwelling units per acre are proposed for this development [LDR Section 4.4.13(8)(4)], which is allowed by conditional use. At its meeting of June 16, 2015, the City Commission approved the conditional use associated with the project to increase the residential density from 12 dwelling units per acre to 18 dwelling units per acre, subject to a number of conditions. One such condition was to request and process the request for a fee in -lieu of providing 45 parking spaces. It is noted that since the approval of the conditional use, the applicant has modified the development proposal to reduce the office area from 44,841 square feet to 43,162 square feet, and reduce the restaurant from 6,250.60 square feet to 6,098.80 square feet. Parking Requirements: LDR Section 4.4.13(G)(2)(c) requires six parking spaces per 1,000 square feet of gross floor area for restaurants, and one parking space per 300 square feet of total floor area for all nonresidential uses (4.4.13.(G)(2). Per LDR Section 4.4.13(G)(2)(g), the parking for business and professional office is one space per 300 square feet of net floor area. Parking for multi- family residential structures and mixed use development must be provided pursuant to the following (LDR Section 4.6.9 (C)(2): • Efficiency dwelling unit 1.0 space/unit • One bedroom dwelling unit 1.5 spaces/unit • Two or more bedroom dwelling unit 2.0 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.5 spaces/unit - for units 21-50 0.3 spaces/unit - for units 51 and above 0.2 spaces/unit Parking Management Advisory Board July 28, 2015 Meeting Uptown Atlantic In -Lieu Parking Request Page 2 of 4 The proposed mixed use development contains 17,267.3 square feet of office use; 6,098.8 square feet of restaurant use; 43,162 square feet of commercial/retail use; and 112 multi -family dwelling units comprised of 15 efficiency units, 18 one -bedroom units, 75 two-bedroom units, and 4 three-bedroom units. Based on this development mix, the required parking for the proposed development is 469 parking spaces. LDR Section 4.6.9(C)(8)(a) - Shared Parking allows for buildings or a combination of buildings on a unified site to utilize the shared parking calculations which affords reduced parking requirements by accommodating varied peak utilization periods for different uses (see below). Per the shared parking calculation table, the minimum total parking requirement is the highest sum of the vertical columns. The subject development application requires a minimum of 393 spaces. The development proposal provides a total of 351 on-site parking spaces. The applicant submitted an application for a 42 space "fee in -lieu of parking' request to satisfy parking requirements. Thus, the conditional use was approved for the proposed development subject to the condition that compliance with parking code requirements is achieved via approval of the "fee in -lieu of parking" request by the City Commission. Utilizing the shared parking table and analyzing the proposed development on a block -by -block basis, the required parking for the 800 block is 145 parking spaces and 106 on-site spaces are provided. The required parking for the 700 block is 143 parking spaces and 104 on-site spaces are provided. Finally, the required parking for the 600 block is 117 parking spaces and 141 on- site spaces are provided. On -Street Parking: Although not counted toward meeting the parking requirements for the project, a total of 50 new public parallel parking spaces are to be provided. Although available to the general public, Weekday Weekend Night Midnight to 6 AM Day 9 AM to 4 PM Evening 6 PM to Midnight Day 9 AM to 4 PM Evening 6 PM to Midnight Use Non -shared requirement Residential 100.4 1.0 100.4 0.6 60.2 0.9 90.4 0.8 80.3 0.9 90.4 Office 57.6 0.1 2.9 1.0 57.6 0.1 5.8 0.1 5.8 0.1 2.9 Commercial/Retail 143.9 0.1 7.2 0.7 100.7 0.9 129.5 1.0 143.9 0.7 100.7 Hotel 0.8 0.0 0.8 0.0 1.0 0.0 0.8 0.0 1.0 0.0 Restaurant 36.6 0.1 3.7 0.5 18.3 1.0 36.6 0.5 18.3 1.0 36.6 Entertainment/Recreati onal (theatres, bowling alleys, etc) 0.1 0.0 0.4 0.0 1.0 0.0 0.8 0.0 1.0 0.0 Reserved Parking 1.0 0.0 1.0 0.0 1.0 0.0 1.0 0.0 1.0 0.0 Other 131.0 1.0 131.0 1.0 131.0 1.0 131.0 1.0 131.0 1.0 131.0 TOTALS 469 245 H. 393 379 362 Per the shared parking calculation table, the minimum total parking requirement is the highest sum of the vertical columns. The subject development application requires a minimum of 393 spaces. The development proposal provides a total of 351 on-site parking spaces. The applicant submitted an application for a 42 space "fee in -lieu of parking' request to satisfy parking requirements. Thus, the conditional use was approved for the proposed development subject to the condition that compliance with parking code requirements is achieved via approval of the "fee in -lieu of parking" request by the City Commission. Utilizing the shared parking table and analyzing the proposed development on a block -by -block basis, the required parking for the 800 block is 145 parking spaces and 106 on-site spaces are provided. The required parking for the 700 block is 143 parking spaces and 104 on-site spaces are provided. Finally, the required parking for the 600 block is 117 parking spaces and 141 on- site spaces are provided. On -Street Parking: Although not counted toward meeting the parking requirements for the project, a total of 50 new public parallel parking spaces are to be provided. Although available to the general public, Parking Management Advisory Board July 28, 2015 Meeting Uptown Atlantic In -Lieu Parking Request Page 3 of 4 these spaces should help meet the short term parking requirements of residents and guests of the project. In -Lieu Parking Fee: The subject property is located in Area #3 of the West Atlantic Neighborhood in -lieu area. Per LDR Section 4.6.9(E)(3)(b)(3), the in -lieu fee in the West Atlantic Neighborhood is $4,600 per space. If approved, the development would ordinarily be required to remit a total of $193,200 (42 x $4,600 = $193,200) to the City of Delray Beach, but the provision below allows credit for spaces in the right-of-way. Per LDR Section 4.6.9(E)(3)(e), in addition to in -lieu fees due, where adequate right-of-way exists adjacent to a proposed project for which an in -lieu parking fee has been approved, the applicant must construct additional on -street parking, not to exceed the total amount of spaces subject to in -lieu fees (in this case, 42 spaces), unless authorized by the City Commission. The applicant will be credited up to one-half of a parking space for each full parking space constructed within public right-of-way. (For example, the applicant requests to pay the in -lieu fee on four spaces; the applicant constructs four spaces in the right-of-way; the applicant must only pay the in -lieu fee for two spaces). Crediting of spaces constructed in the right-of-way resulting in a fraction shall be rounded down. Credit may not be taken for those parking spaces constructed in the public right-of-way which are required to meet the performance standards for new developments. Analysis: The applicant proposes to construct 50 new parking spaces within the rights-of-way adjacent to the subject development, while only 42 in -lieu parking spaces are needed to meet the parking requirement. Thus, the development is eligible for a minimum credit up to one-half of a parking space or 21 spaces (42/2=21), unless the City Commission authorizes a credit for the eight additional parking spaces above the 42 requested in -lieu spaces. If the City Commission authorizes the additional spaces, the total number of credited spaces is increased to 25 (50/2=25), which would result in an increased total credit of $115,000 (25 x $4,600 = 115,000). Given the base allowed credit, the proposed development is reduced by $96,600 (21 x $4,600 = $96,600). Therefore, the in -lieu responsibility is reduced to $96,600. If the City Commission authorizes the additional five spaces, the credit increases to $115,000 which would reduce the in -lieu of parking fee to $78,200. Payment Schedule: Per LDR Section 4.6.9(E)(3)(d), for property owners opting to pay in full, or lessees of properties, payment of the in -lieu fee is due upon issuance of a building permit. The in -lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in -lieu fee which is not paid in full at time of permit issuance must enter into an In -Lieu of Parking Fee Agreement with the City prior to or upon issuance of a building permit. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In -Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in -lieu parking fees including attorneys' fees and costs. In -Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In -Lieu of Parking Fee Agreement is Parking Management Advisory Board July 28, 2015 Meeting Uptown Atlantic In -Lieu Parking Request Page 4 of 4 entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. Analysis: The applicant has not indicated the preferred payment option. If full payment is not remitted at the time of issuance of a building permit, the applicant will need to enter into an In -Lieu of Parking Fee Agreement with the City, which will stipulate the installment schedule noted above and this is attached as a condition of approval. RECOMMENDED ACTION Move a recommendation of approval of the in -lieu request in the amount of $96,600, or $78,200 should the City Commission authorize the additional five spaces, for Uptown Atlantic, subject to the condition that if full payment is not remitted at the time of issuance of a building permit, the applicant will enter into an In -Lieu of Parking Fee Agreement with the City. PARKING MANAGEMENT ADVISORY BOARD MINUTES TUESDAY, JULY 28, 2015, 5:30 P.M. FIRST FLOOR CONFERENCE ROOM MEMBERS PRESENT: Bruce Gimmy Allen Huntington Fran Marincola William Morse Peter Perri STAFF PRESENT: Scott Aronson, Parking Facilities Manager Randal Krejcarek, Environmental Services Director Scott Pape, City Principal Planner GUESTS/OTHERS: Ron Nobili Cathy Skillas Jim Farron Julen Key Choli Aronson I. CALL TO ORDER: MEMBERS ABSENT: William Branning Gerald Franciosa Albert Richwagen Brian Rosen STAFF ABSENT: The meeting was called to order by Chairperson, Mr. Bruce Gimmy, at 5:30 p.m. II. APPROVAL OF THE AGENDA: Mr. Marincola made a motion to approve the agenda, seconded by Mr. Morse. Said motion passed unanimously. III. APPROVAL OF THE MINUTES: Mr. Marincola made a motion to approve the minutes of May 4, 2015, seconded by Mr. Morse. Said motion passed unanimously. Mr. Morse made a motion to approve the minutes of May 26, 2015 with the exception of the engineering conclusion, seconded by Mr. Marincola. Said motion passed unanimously. IV. OLD BUSINESS: Mr. Aronson stated that some of the old business items will move forward to be included in upcoming study implementation program. Parking Management Advisory Board July 28, 2015 Meeting Minutes Page 2 V. COMMENTS BY CITIZENS: (non -agenda items) Mr. Ron Nobili stated that the new City Ordinance 05-15 currently allow boat owners who enter into a license agreement with the City to rent a slip at the City Marina are permitted to live aboard their boats and are assigned one parking space per slip. The new ordinance has left boaters like him with no parking option when family and friends visit. The street parking is not being utilized properly as spaces sit empty most of the time. He would like the City to look into this and allow more parking spaces per boat for permanent residents. VI. NEW BUSINESS: A. Review a request from Uptown Atlantic for the purchase of In -Lieu of Parking Space. At this time, Mr. Gimmy reviewed the quasi-judicial rules. There were no ex parte communications by any board member. Yolaina Ruiz, Board Liaison, swore in those individuals who wished to give testimony on this item. Mr. Pape, City Principal Planner, stated that an In -Lieu of Parking Fee request has been submitted for Uptown Atlantic. The pro�erty is located on the south side of West Atlantic Avenue. Between S.W. 91h Avenue and S.W. 6 Avenue. This is a mixed use development in the Central Business District (CBD) zoning district consisting of 17,267. square feet of office use; 6,098. square feet of restaurant use; 43,162 square feet of commercial/retail use; and 112 multi -family dwelling units. The CBD allows up to 12 dwelling units per acre "by right" in the West Atlantic Neighborhood; 18 dwelling units per acre are proposed for this development Land Development Regulations (LDR) Section 4.4.13 (B)(4)), which is allowed by conditional use. The in -lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in -lieu fee which is not paid in full at time of permit issuance must enter into an in -lieu of Parking Fee Agreement with the City prior to or upon issuance of a building permit. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an in -lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in -lieu parking fees including attorneys' fees and costs. In -lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an in -lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. Staff recommends approval of the in -lieu request in the amount $96,600 or $78,200 should the City Commission authorize the additional four spaces for Uptown Atlantic. This is subject to the condition that if full payment is not remitted at the time of issuance of a building permit, the applicant will enter into an in -lieu of Parking Fee Agreement with the City. Parking Management Advisory Board July 28, 2015 Meeting Minutes Page 3 Ms. Choli Aronson made a brief presentation of the project on behalf of the applicant. At this time, the board had a brief discussion. Mr. Marincola asked why there was a difference of four (4) spaces. Ms. Aronson stated that the difference between what the project provided to what was requested was fewer amounts of spaces for in -lieu. Mr. Gimmy asked if the site would be able to provide parking spaces if density changed in the near future. Ms. Aronson stated that it would. Mr. Marincola moved to approve the request from Uptown Atlantic for the purchase of twenty one (2 1) in lieu of parking spaces. The motion was seconded by Mr. Morse and passed 5-0. B. Review a request from No Go Booting to modify City Code of Ordinances Section 71.030 "Immobilization Regulations". Mr. Aronson stated that a request was submitted by No Go Booting to increase the device removal fee from $50.00 to $80.00. He stated that operating expenses caused a hardship in operating the business. Ordinance 35-99, enacted October 1, 1999, established Section 71.030 of the Traffic Code in Title 7 of the City Code of Ordinances, regulated the immobilization of cars illegally parked on private property. At that time the cost for removal of the immobilization device was $25.00. Ordinance 26-03, approved on August 19, 2003, amended the original code provision increasing the removal of the immobilization device fee to $50.00. It is noted; towing illegally parked vehicles from private property is regulated through the Florida State Statute Title XL, Chapter 715 Section 715.07 and is within the property owner's rights to have illegally parked vehicles towed. While staff prefers cars illegally parked on private property to be immobilized rather than towed, the cost of releasing vehicles remains a concern. Immobilizing under the related circumstance is nothing more than a punitive action, and does nothing to make the parking space available for "preferred users". The Development Services Management Group, at its meeting of July 23, 2015, determined there is no formal process for a privately initiated amendment to the City Code of Ordinances. However, direction was provided to schedule the item for City Commission consideration, with a recommendation from the Parking Management Advisory Board. Staff is seeking the Board's discretion regarding this matter. At this time, the board had a brief discussion. Mr. Perri stated that price increase would encourage people to park and utilize the parking garages. Mr. Morris stated that making it inconvenient to people would stop illegal parking on private lots. Mr. Perri moved to approve the request from No Go Booting to increase the device removal fee from $50.00 to $80.00. The motion was seconded by Mr. Marincola and passed 5-0. Parking Management Advisory Board July 28, 2015 Meeting Minutes Page 4 VII. PARKING STUDY UPDATE: Mr. Aronson stated that the City Commission did not support the Parking Management Advisory Board parking meter program. The City Manager instructed staff to move along with the other component of the parking study and provided a brief update. Combination sticker and hanz ta,- system • All employee cars must have employee sticker affixed to auto. • Hang tags sold to business owner for distribution. • Hang tags to have as much shift information as possible. • Day of week and time of day. • Full time dedicated staff hang tag to have vehicle inforination. • Weekend only. • $20 per monthly hang tag. • Monthly hang tags tracked back to each business. Parkinz areas for program South County Courthouse Garage 363 spaces • Daily use 3:00 p.m. to 4:00 p.m. • Predominantly for full time staff. Library Parkin (Portion not used by valet) 90 spaces • Used for overflow when needed. Remains closed until garage fills. Opened by attendant once garage is full. Sign to place at corner directing employees to City Hall if necessary. City Hall North lots or overflow (weekends and seasonal evenings) ISO spaces • Used for overflow when needed. Associated Costs: • Staffing $71,000. • Revenue Loss $23,000. VII. COMMITTEE REPORTS ON PARKING RELATED ISSUES: None. V. NON -AGENDA ITEMS: A. Comments by Board Members None. B. Comments by Staff There being no further business, Mr. Gimmy, declared the meeting adjourned at 7:00 p.m. Advisory Board Liaison Parking Management Advisory Board July 28, 2015 Meeting Minutes Page 5 The undersigned is the Secretary of the Parking Management Advisory Board and the information provided herein is the minutes of the meeting of said Parking Management Advisory Board on July 28, 2015, which minutes were formally approved and adopted by the Board on August 25, 2015. ATTEST: CHAIR Advisory Board Liaison NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the Parking Management Advisory Board. They will become official minutes only after review and approval, which may involve some amendments, additions or deletions. S/City Clerk/Boards/Parking Management Board/minutes City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Minutes - Draft Tuesday, November 3, 2015 6:00 PM Delray Beach City Hall City Commission Mayor Cary Glickstein Vice -Mayor Shelly Petrolia Deputy Vice Mayor Al Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz City Commission Minutes - Draft November 3, 2015 1. ROLL CALL Present: Vice Mayor Shelly Petrolia Deputy Vice Mayor Alson Jacquet Commissioner Mitchell Katz Mayor Cary Glickstein Absent: Commissioner Jordana Jarjura Also Present: Donald B. Cooper, City Manager, Noel Pfeffer, City Attorney, and Chevelle D. Nubin, City Clerk. 2. PLEDGE OF ALLEGIANCE TO THE FLAG A. 15-208 ATLANTIC COMMUNITY HIGH SCHOOL CRIMINAL JUSTICE ACADEMY HONOR GUARD PRESENTATION OF COLORS 3. APPROVAL OF MINUTES: A. 15-175 MOTION TO APPROVE MINUTES A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Katz, that the Minutes be approved. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura 4. PRESENTATIONS: A. 15-128 SPOTLIGHT ON EDUCATION PRESENTATION- PINE GROVE ELEMENTARY SCHOOL Principal Joe Peccia spoke regarding Pine Grove Elementary School. He stated that Mr. Bill Fay is a legend in education. He stated that Pine Grove had a great year in 2014 and they are continuing to raise proficiency in terms of the FSA. He stated they will continue working as hard as they can in this area. Principal Peccia spoke regarding the safety patrol trip to Washington, D.C. and he also referenced the aftercare and summer camp programs at Pine Grove Elementary. He thanked Commission for this time tonight. B. 15-153 RECOGNIZING AND COMMENDING BILL FAY City of Delray Beach Page 1 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 Mayor Glickstein read the proclamation and presented it to Principal Bill Fay. Mr. Fay discussed the reasons for his retirement. He also commented regarding his experiences in Delray Beach, as well as with the City Commission, the Education Board, the Fire -Rescue and Police Departments, City Engineers, the Chamber of Commerce and the support of so many. C. 15-166 RECOGNIZING SISTER CITIES STUDENT AMBASSADORS AND CHAPERONES FROM MIYAZU, JAPAN Mayor read proclamation and presented the proclamation to the students. He also thanked their chaperones and Tony Durante and David Schmidt for their efforts in making this all possible. 5. COMMENTS AND INQUIRIES ON AGENDA AND NON -AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: City Manager's responses to prior public comments and inquiries: Mr. Cooper spoke regarding Mr. Eric Wagner's comment regarding Marina Parking and rental cars. 1. Jim Smith spoke regarding waivers, parking spaces, TDM initiatives, Land Development Regulations (LDR) revisions and traffic congestion. He read a statement into record. 2. Jim Knight spoke regarding the changes with the online agenda and stated it is a little bit confusing. He also asked if the public can receive the backup for the other boards online as well. Mr. Knight stated support is needed for the upcoming Atlantic Community High School football game and encouraged attendance. 3. Alice Finst spoke regarding the online agenda. She stated it is not a useful new system. She also spoke regarding the Site Plan Review and Appearance Board (SPRAB) video presentations and City Commission Meeting presentations. She stated they are not visible online and offered suggestions. 4. Graham Hutchinson spoke on behalf of his clients regarding the permitting process within the city of Delray Beach for a water line. 5. Gary Eliopoulos spoke regarding the rules and stated they keep changing regarding permitting, sidewalks and right of ways. He discussed the personnel and getting questions answered. He asked Commission to think about some of these policies. Mr. Eliopoulos also referenced the Delray Beach Community Land Trust and asked the City Manager to check City of Delray Beach Paye 2 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 into the policy regarding parking spots in front setbacks. Discussion ensued between the Commission and Mr. Eliopoulos. 6. Ricky Grau, Professional Fire Fighters of Palm Beach County, spoke regarding the issue of moving the city's Fire -Rescue to Palm Beach County. He commented about a suppression unit being out of service at Station 5. Mr. Grau provided suggestions regarding personnel and staffing, apparatus, salaries, etc. 7. Ron Nobili read a statement into record regarding Marina District parking. 8. Randolph Belli spoke regarding parking at Marine Way. He discussed email and internet service and the charges by Comcast. He also referenced an article in the Sun Sentinel today regarding boat slips and mentioned that there are coconuts and Royal Palms that are being neglected. 9. Peter Humanik thanked the City Manager for enforcing the rules and thanked the Commission that the tables are off of the side streets on Atlantic Avenue. He stated the parking permits are working out well and stated there should be another level of parking. He provided suggestions regarding parking. He commented regarding meters and stated maybe permits can be put in to allow for three hours. 10. Gigi Basilio, on behalf of the residents of Tropic Palm, stated they are trying to make improvements. She commented regarding signage and stated their biggest challenge is the maintenance. She commented regarding Sabal Palms that have been neglected for years and asked the city to support them in regards to maintenance. At this point in the meeting due to it being 7:00 p.m., the City Commission went to the Public Hearing portion of the agenda. Public Comment was reopened after Public Hearings at 7:04 p.m.: 11. Alan Schlossberg spoke regarding the Fire Rescue services going to Palm Beach County. He stated this should not be negotiated out. It is an essential service. He suggested the city work out a plan regarding pension obligations. 12. Susan Ruby spoke regarding fire negotiations and asked Commission to consider the points raised by Mr. Schlossberg and stated local government is closest to the people and so is fire service. She stated they City of Delray Beach Page 3 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 care about the community and stated these are vital services. 13. Yvonne Odom stated the city's resources are the people and the services provided. She stated the city has its own Fire and Police Departments, parks, etc. She stated her children moved back home to raise their own children here because of their experiences in Delray Beach. Ms. Odom urged the Commission to not lose what the city has built. 14. Joy Howell spoke regarding the Fire Rescue Department services going to Palm Beach County. 6. AGENDA APPROVAL The City Manager had no staff requested agenda changes. The City Attorney had no requested agenda changes. Vice Mayor Petrolia asked that Item 11.A.1, Update on Fire Rescue Consolidation, be moved up in the agenda. It was moved to Item &A.A. on the Regular Agenda. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that the Agenda be approved as amended. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura 7. CONSENT AGENDA: City Manager Recommends Approval A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Katz, that the Consent Agenda be approved. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura A. 15-186 ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR ALLEYWAY AT 210 NORTH SWINTON AVENUE This Request was approved. B. 15-185 ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR ALLEYWAY AT 214 NORTH SWINTON AVENUE This Request was approved. City of Delray Beach Page 4 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 C. 15-156 PURCHASE AWARD WITH DON REID FORD UTILIZING THE FLORIDA SHERIFF'S ASSOCIATION (FSA) CONTRACT NO. 15-23-0904 This Purchase Award was approved. D. PROCLAMATIONS: D.1. 15-127 DELRAY READS DAY! - NOVEMBER 12, 2015 This Proclamation was approved. E. 15-174 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS FOR THE PERIOD OCTOBER 5, 2015 THROUGH OCTOBER 16, 2015 This Item was approved. F. AWARD OF BIDS AND CONTRACTS: F.1. 15-131 BID AWARD 2015-77: MULTIPLE VENDORS FOR ELECTRIC PUMP REPAIRS This Bid Award was approved. F.2. 15-132 BID AWARD 2015-73 FOR ADMINISTRATION OF POLICE OFF-DUTY DETAILS TO HART HALSEY, LLC. This Bid Award was approved. 8. REGULAR AGENDA: A. CONDITIONAL USE REQUEST TO ALLOW A VETERINARY CLINIC FOR MOBILEVET2U, 4997 WEST ATLANTIC AVENUE (QUASI-JUDICIAL HEARING) Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into the record for this item and all subsequent Quasi -Judicial Items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item and all subsequent Quasi -Judicial Hearing items. Mayor Glickstein asked the Commission members to disclose their ex parte communications. All members of the Commission stated they had no ex parte communications to disclose. City of Delray Beach Page 5 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 Mr. Tim Stillings, Planning and Zoning Department Director, entered Project File #2015-200 USE -CCA into record and presented this item. Staff recommendation is approval. The applicant was present for questions. Mayor Glickstein asked if anyone from the public would like to speak in favor or in opposition of Item 8.A. to come forward at this time. There being no one from the public who wished to address the Commission regarding Item 8.A., the public comment was closed. There was no cross-examination or rebuttal from City Staff or the applicant. The City Attorney reviewed the board order with the City Commission. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that this Conditional Use Request be approved. The motion carried by the following vote: Yes: 3 - Mayor Glickstein, Vice -Mayor Petrolia, and Commissioner Katz No: 1 - Deputy Vice Mayor Jacquet Absent: 1 - Commissioner Jarjura B. 15-170 REQUEST FOR IN -LIEU PARKING FEE FOR UPTOWN ATLANTIC (QUASI-JUDICIAL HEARING) Mayor Glickstein asked the Commission to disclose their ex parte communications. Deputy Vice Mayor Jacquet stated he had no ex parte communications to disclose. Mayor Glickstein, Vice Mayor Petrolia and Commissioner Katz stated there were no additional ex parte communications since the last time the project came before the City Commission. Mr. Tim Stillings, Planning and Zoning Director, entered Project File #2015-013-INL into the record and presented this item. Mr. Bob Currie, Currie Sowards Aguila Architects, spoke on behalf of the applicant regarding the project and the number of spaces total. Mayor Glickstein asked if anyone from the public would like to speak in favor or in opposition of Item 8.B. to come forward at this time. Public Comment: City of Delray Beach Page 6 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 Peter Humanik spoke regarding parking. There being no one else from the public who wished to address the Commission regarding Item 8.13., the public comment was closed. There was no cross-examination or rebuttal from City Staff or the applicant. Mr. Currie stated they have plenty of parking due to the new rule. Mayor Glickstein asked Mr. Stillings to address Deputy Vice Mayor Jacquet's comments regarding inclusion. Mr. Stillings addressed the parking spaces and the credit. Deputy Vice Mayor Jacquet asked for clarification regarding the credit for parking spaces. Vice Mayor Petrolia asked if we know how many parking spaces are in that area. She stated her biggest concern is that with where this is we do not have the same parking problems as in the downtown area. She also commented regarding the overflow into neighborhoods. Mr. Stillings discussed the difference between the on-site parking spaces and the on -street parking spaces. He stated there is sufficient parking in the project area regarding the number of on -street parking spaces. Vice Mayor Petrolia stated due to her concerns about parking she cannot support this request. Deputy Vice Mayor Jacquet further commented about parking in this particular area and stated he does not support this request. Commissioner Katz stated he concurs with Vice Mayor Petrolia and Deputy Vice Mayor Jacquet regarding this request. He stated he has a hard time giving up parking. He stated his biggest concern is that the city has to have parking and other modes of transportation have to be encouraged. He stated this may set a precedent in the future and commented about the incentives that have been given for this project. Commissioner Katz stated they have to figure out a way to put the forty-two (42) spaces in the project. Mayor Glickstein what is the maximum number of in -lieu parking spaces that have been allowed. Mr. Stillings discussed rates and parking ratios regarding in -lieu parking. He stated they are generally based on Urban Land Institute studies City of Delray Beach Paye 7 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 regarding parking. Mayor Glickstein asked what leads Mr. Stillings to believe the parking is adequate. Deputy Vice Mayor Jacquet asked Mr. Stillings if we have a program for shared parking in the city. Mr. Stillings stated if an adjacent project has excess spaces available shared parking can be applied. Mr. Stillings stated the city is looking ahead to the future generations as far as what the city's population will need in terms of designing areas for the people versus vehicles. Mayor Glickstein stated this comes back to planning and asked if anyone has looked at developable CBD properties in the West Atlantic area. He stated the city needs to figure out how to support development in this area. Mayor Glickstein commented that the number before them for approval tonight is a big number. He asked what exists today in regards to parking on Atlantic now -what amount of parking is being added to the West Atlantic area independent of what is being built. Discussion continued between the City Commission and staff. Mayor Glickstein asked if the West Atlantic Redevelopment Coalition (WARC) has reviewed this. Mr. Stillings responded that WARC had reviewed this. Mr. Chuck Ridley, Vice -Chair of WARC, was sworn in by the City Clerk and spoke regarding the project. He stated WARC has had considerable conversations regarding this project and they support it. Mayor Glickstein asked if WARC has discussed the possibility of future projects and future parking coming into this area. Deputy Vice Mayor Jacquet stated although he feels the project should go forward he is tasked with seeing the long term. Commissioner Katz asked about meeting the parking requirements without altering the number of townhomes or other parts of the project. Mr. Currie stated the community did not want a parking structure. He stated he has been to over thirty (30) meetings and the community is in support of this project. Discussion ensued regarding the project and the conditional use and City of Delray Beach Paye 8 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 whether or not the City Commission knew the in -lieu request was coming. Commissioner Katz stated he wants to know from staff and legal if the City Commission approves this are they setting a precedent. Mr. Noel Pfeffer, City Attorney, stated each property is unique. Mayor Glickstein stated he understands the concerns and discussed the market and the community. Commissioner Katz stated he attended one of the work session meetings and the community was supportive of this project. A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Katz, that the Request for In -Lieu Parking Fee be approved. The motion failed by the following vote: Yes: 2 - Mayor Glickstein, and Commissioner Katz No: 2 - Vice -Mayor Petrolia, and Deputy Vice Mayor Jacquet Absent: 1 - Commissioner Jarjura C. ROUTINE BUSINESS (ALL ITEMS UNDER THIS SUBSECTION TO BE APPROVED BY ONE MOTION. ANY ITEM UNDER ROUTINE BUSINESS MAY BE MOVED BY COMMISSION FOR SEPARATE CONSIDERATION) Vice Mayor Petrolia stepped away from the dais at this time. Deputy Vice Mayor Jacquet stated he would like to receive a year to date report of what has been spent this last fiscal year with Mathews Consulting, Inc. Mr. Randal Krejcarek, Environmental Services Director, stated he will provide the report to the City Commission. A motion was made by Commissioner Katz, seconded by Deputy Vice Mayor Jacquet, that all items under Routine Business be approved. The motion carried by the following vote: Yes: 3 - Mayor Glickstein, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 2 - Vice -Mayor Petrolia, and Commissioner Jarjura C.1. 15-102 SERVICE AUTHORIZATION NO. 12-18 TO MATHEWS CONSULTING, INC. FOR PROFESSIONAL SERVICES IN CONDUCTING AN UPDATE TO THE RECLAIMED WATER MASTER PLAN (P/N 2016-025) This Request was approved. City of Delray Beach Page 9 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 C.2 C.3. E F. 15-106 SERVICE AUTHORIZATION NO. 12-19 TO MATHEWS CONSULTING INC. FOR THE LIFT STATION #1 UPGRADE STUDY This Request was approved. 15-193 PRIOR APPROVAL OF FY 2016 SPENDING GREATER THAN $25,000/ MULTIPLE VENDORS This Item was approved. 15-098 PROPOSED INCREASE TO MARINA RENTAL RATES Ms.Suzanne Fisher, Parks and Recreation Director, presented this item regarding the proposed increase. Mayor Glickstein commented regarding the memo and asked where does the city stand in regards to market rates. He asked how far below is the city in regards to rates. Ms. Fisher stated the city is approximately 10% below other cities and provided further clarification regarding rates. Vice Mayor Petrolia commented regarding other marinas and locations. She stated she has analyzed that our electric is not being included in our current rates. She stated we are way low on rates and stated Delray Beach is a unique spot. She commented that the city should conduct a study and see if the city should be having live -a -boards. Vice Mayor Petrolia also commented about metered rates and if the city is compliant at this time. Commissioner Katz commented regarding rates and marinas. Ms. Fisher stated she will bring additional information back to the City Commission regarding rates. 15-119 NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVISORY BOARD A motion was made by Mayor Glickstein, seconded by Commissioner Katz, that the nomination to appoint Sandy Trento as an alternate to the Green Implementation Advisory Board to serve an unexpired term ending July 31, 2017 be approved. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura 15-199 NOMINATION FOR APPOINTMENT TO THE CIVIL SERVICE BOARD City of Delray Beach Page 10 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 Mayor Glickstein stated it was brought to his attention that the applicant may have a potential conflict of interest. The City Attorney stated the applicant can be appointed if the potential conflict of interest is addressed. The appointment was deferred until the applicant addresses the potential conflict of interest and/or additional applicants are received. 9. PUBLIC HEARINGS: A. 15-213 ORDINANCE NO. 26-15 (SECOND READING) Delray Beach Police Chief Jeffrey Goldman introduced this item and stated Jeff Kadel is present. He stated the Police Department supports this. Jonah Fishcer, President of Teen CIA/Student, read a statement into the record supporting this ordinance. A motion was made by Commissioner Katz, seconded by Deputy Vice Mayor Jacquet, that Ordinance No. 26-15 be adopted on second and final reading. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura 10. FIRST READINGS: A. 15-137 ORDINANCE NO. 22-15 (FIRST READING): AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR), SECTION 4.6.19 TO PROMOTE TREE PRESERVATION AND PROTECTION. Mr. Stillings presented this item. He stated the amendments were prompted by several developments in regards to maintenance of certain trees and landscaping. He reviewed the highlights of the proposed ordinance. The Planning and Zoning board recommended approval. Mayor Glickstein asked about Section Four of the ordinance in regards to calipers and stated he would like to see that reduced to eight inches and stated the amounts are too far below. Mayor Glickstein commented regarding losing trees. Mr. Stillings stated this will be a balance regarding keeping the trees and some trees being replaced or relocated. Mayor Glickstein stated he does not feel this ordinance gets the city there in terms of keeping trees or relocating them. He asked what is the value of losing certain trees. He commented regarding specimen and stated an eight inch caliper should be used. He referenced Section 5D of the ordinance. City of Delray Beach Page 11 Printed on 11/12/2015 City Commission B. 15-181 Minutes - Draft November 3, 2015 Mr. Stillings discussed the in -lieu payment and mitigation. Vice Mayor Petrolia stated she wants to make sure that this ordinance prizes the city's trees. She asked that staff find out if there is a certain town that does have this as part of their ordinances. Mayor Glickstein suggested that staff contact the company, Tree Movers, and ask about the cost and criteria regarding relocation of trees. Mayor Glickstein commented regarding projects. Commissioner Katz asked how will this ordinance affect current development and how some developments have to fix problems with trees. He inquired if the ordinance is only for new development. Mr. Stillings stated this ordinance is intended to be a stop gap measure for this time. Discussion continued between staff and Commission regarding this ordinance. Mayor Glickstein asked that the caliper size be changed to 8 inches and asked what would be a time certain for bringing this back to the City Commission and referenced June 1st as a date that staff will bring the ordinance back to Commission in reference to a comprehensive review. Commissioner Katz asked if hardship language can be added for single attached and single detached. He also referenced Page 6 of the Ordinance. A motion was made by Vice -Mayor Petrolia, seconded by Deputy Vice Mayor Jacquet, that Ordinance No. 22-15 be approved on first reading with changes as discussed. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura ORDINANCE NO. 29-15 (FIRST READING): AMENDMENT TO POLICE AND FIRE PENSION PLAN WITH REGARD TO REHIRE OF RETIRED EMPLOYEES Mr. Noel Pfeffer, City Attorney, read the caption and presented this item. He stated this ordinance will allow under limited circumstances at the discretion of the city, the reemployment of city employees retired under the city's Police and Fire pension system. He reiterated the IRS rule and stated other cities have ordinances that provide a break in service. He City of Delray Beach Page 12 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 C. 15-180 D. 15-173 highlighted what he has proposed which is a thirty (30) day break in service. This ordinance was reviewed by the city's pension counsel. He stated the way this is written the employee can only come back on a part-time basis. Mr. Pfeffer stated this does not apply if that employee wants to work under the general pension. A motion was made by Commissioner Katz, seconded by Deputy Vice Mayor Jacquet, that Ordinance No. 29-15 be approved on first reading. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura ORDINANCE NO. 30-15 (FIRST READING): AMENDMENT TO GENERAL EMPLOYEE PENSION PLAN WITH REGARD TO REHIRE OF RETIRED EMPLOYEES Mr. Noel Pfeffer, City Attorney, read the caption and presented this item. He stated this ordinance is the identical form of Ordinance and it is for the General Employees. Vice Mayor Petrolia asked a question regarding under what circumstances the general employees can come back. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that Ordinance No. 30-15 be approved on first reading. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura ORDINANCE NO. 31-15 (FIRST READING): CALLING FOR A REFERENDUM TO APPROVE A CHARTER AMENDMENT THAT WOULD PROVIDE THE CITY COMMISSION WITH THE AUTHORITY TO APPOINT AN INTERNAL AUDITOR The City Attorney read the caption and discussed that this is a Charter amendment. He also referenced general duties of the internal auditor position. The position can be structured by the City Commission in a variety of ways. Mayor Glickstein asked if this changes the Charter and if the City Commission will still have the ability to modify this position. The City Attorney offered an explanation regarding modification of the position. City of Delray Beach Page 13 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 A motion was made by Vice -Mayor Petrolia, seconded by Commissioner Katz, that Ordinance No. 31-15 be approved on first reading. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura E. 15-167 ORDINANCE NO. 32-15 (FIRST READING): CALLING FOR A REFERENDUM TO APPROVE THE REPEAL OF THE SPECIAL ACT THAT CREATED THE CITY'S CIVIL SERVICE CODE The City Attorney read the caption and presented this item regarding the city's Civil Service Code. He provided an update regarding meetings held on the legislation. Vice Mayor Petrolia asked how important is this to have it on the March 15, 2016 Presidential Preference Primary election. She asked what will happen in those six (6) months. The City Attorney provided further clarification and stated it is part of modernizing the code. The City Attorney stated he discussed this with the city's lobbyist, Mr. Ballard and they believe this will be successful. A motion was made by Commissioner Katz, seconded by Vice -Mayor Petrolia, that Ordinance No. 32-15 be approved on first reading. The motion carried by the following vote: Yes: 4 - Mayor Glickstein, Vice -Mayor Petrolia, Deputy Vice Mayor Jacquet, and Commissioner Katz Absent: 1 - Commissioner Jarjura 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager A.1. 15-103 FIRST NIGHT 2015 UPDATE - SITE PLAN & TRAFFIC PLAN Mr. Cooper, City Manager, provided an update to the City Commission regarding First Night. Commissioner Katz asked are we going to have less people and commented that this is a hometown event. He spoke regarding the elimination of street closures. Ms. Suzanne Fisher, Parks and Recreation Director, provided clarification regarding street closures. She stated the events will still be the same just shifted off of Atlantic Avenue. City of Delray Beach Page 14 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 Mr. Cooper stated hopefully this will minimize inconvenience and make it safer. A.2. 15-217 UPDATE ON FIRE RESCUE CONSOLIDATION B. City Attorney Mr. Cooper, City Manager, provided an update regarding the fire rescue consolidation. Mayor Glickstein asked for clarification of the City Manager's comments. Discussion ensued between the City Commission and the City Manager regarding Fire -Rescue services. None C. City Commission Vice Mayor Petrolia commented regarding the Microenterprise Loan Program and stated someone has to figure this out. She also commented regarding the new parking times and stated the signage does not coincide with what was approved. She also commented regarding the cafe tables being cleared so that people can pass and stated this is great. She commented regarding other areas that are being impacted. Mayor Glickstein stated the topic of sidewalk cafes will be on the workshop agenda next week. Vice Mayor Petrolia asked if someone will look into the tree trimming situation in Tropic Palms. Mayor Glickstein stated he stands by the Commission's decision regarding the hours but the implementation on the parking was abrupt and asked that the City Commission give the City Manager direction on how to handle this. He asked that the enforcement be held in abeyance until meters are installed. Deputy Vice Mayor Jacquet commented regarding signage and installation of meters. He stated the City Commission had been discussing parking hours for a long time. Commissioner Katz discussed signage at Sandoway Parking Lot. Mr. Cooper stated staff will address the signage issue. Commissioner Katz stated he would like to see this revisited by the City Commission on an agenda. Mayor Glickstein discussed forgiveness of the tickets that have been issued. Commissioner Katz stated there is a problem on Atlantic Avenue from 5th to the Bridge -the lights are out. He also discussed the accountability issue City of Delray Beach Page 15 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 brought up by Mr. Eliopoulos regarding staff doing theirjob. In addition, Commissioner Katz commented regarding morale improvement. Mr. Cooper stated he and Ms. DeCoste are working on this. Deputy Vice Mayor Jacquet asked how much leeway do they have when they talk to staff. He reiterated that the City Attorney and City Manager are the City Commission's direct reports. He commented that the Commission should speak to Mr. Cooper if they need something from staff or are not satisfied. He also discussed why he did not support the in -lieu request and the Mobile Vet2U agenda items. He stated the community has already discussed what they wanted and he feels that should be followed. Deputy Vice Mayor Jacquet asked that staff get in touch with WARC regarding the study they conducted. Mayor Glickstein commented regarding the agenda changes online. Mr. Cooper stated staff will put together instructions regarding the utilization. Mayor Glickstein also commented regarding homelessness and other cites that have put programs into place i.e. Albuquerque, New Mexico, Raleigh Durham, North Carolina and Santa Monica, California. He asked that staff look into this. Mr. Cooper stated staff is already starting the process as a result of Goal Setting. Mayor Glickstein acknowledged Carver Middle School Principal, Ms. Kiwana Prophete, who is one of three finalists from across the state for the Leonard Miller Leadership Award. The meeting was adjourned at 10:07 p.m. by Mayor Cary Glickstein. The next scheduled meeting of the Council is November 10, 2015. City Clerk ATTEST: Mayor City of Delray Beach Page 16 Printed on 11/12/2015 City Commission Minutes - Draft November 3, 2015 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular Meeting of the City Commission held on Tuesday, November 3, 2015, which Minutes were formally approved and adopted by the City Commission on November 17, 2015. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. City of Delray Beach Page 17 Printed on 11/12/2015 Irr�_0 LD §<j\{:\\ QRS=\)i\e) - u , n: zineAV H16 AAS I }\\ \ Hd } r},\\,,._\ : STOZ-90-EO 9V'ddS Prepared by: RETURN: Noel Pfeffer, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 TRI -PARTY AGREEMENT FOR IN -LIEU OF PARKING FEE THIS AGREEMENT (the "Agreement") is made as of the day of , 2015, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ("City"), DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY ("Owner"), and EQUITY DELRAY, LLC, a Florida Limited Liability Company ("Developer"). WHEREAS, Owner is the owner of certain real property located on the south side of Atlantic Avenue between. SW 6th Avenue and SW 9h Avenue (the "Properly"); and WHEREAS, Developer has applied to the City for approval of a mixed use project consisting of 17,267.3 square feet of office; 6,098.8 square feet of restaurant; 43,162 square feet of commercial/retail; and 112 multiple family dwelling units on Property ("Project"); and WHEREAS, Owner has entered into a Purchase and Sale Agreement with Developer under which the Owner is obligated to convey Property :to Developer thirty (30) days after issuance of a building permit for the Project; and WHEREAS, as a condition of approval for the development on the Property, Developer must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations further provides that the City Commission may approve the payment of a fee to the City in lieu of providing required parking; and WHEREAS, Developer has requested that the City Commission approve the payment of a fee to the City in lieu of providing 38 of the required parking spaces for the development of the Property (with a 19 -space credit for parking constructed within the public rights-of-way); and WHEREAS, the City Commission finds that this In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations and is consistent with the Comprehensive Plan. The City Commission declares that there is ample and competent substantial evidence to support its findings; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations further provides that the in -lieu parking fee may be paid in installments pursuant to an In -Lieu of Parking Fee Agreement between the City and the Owner(s) of the subject property; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms on which the in -lieu parking fee shall be paid; and WHEREAS, Developer is willing to assume the obligations of the Owner as set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreemient, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit "A". 3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in lieu of providing 38 of the required number of parking spaces for the development of the Property (with a 19 -space credit for parking constructed within the public rights-of-way). 4. Owner/ Developer shall pay to the City a total in -lieu of parking fee of $87,400.00. The total fee shall be paid as follows: (a) One payment in the amount of $43,700.00 by check delivered to the City upon execution of this Agreement. (b) One payment in the amount of $21,850.00 is due on the second anniversary of the date of this Agreement. K (c) One payment in the amount of $21,850.00 is due on the third anniversary of the date of this Agreement. (d) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. In the event Owner/ Developer fails to make a payment by the date required, the City shall provide written notice by certified mail, return receipt requested to Developer at 5100 PGA Blvd, Palm Beach Gardens, FL 33418 and to Owner at 20 N. Swinton Ave, Delray Beach, FL 33444, or at such other address as may be designated by Owner/Developer by written notice to the City. The City's notice shall request that Owner/ Developer make the past due payment no later than thirty (30) days from the date the notice is received Failure of Owner/Developer to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. The City shall thereby be entitled to accelerate the remaining payments, demand payment and file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. 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 to this Agreement. 9. This Agreement is not valid unless signed by the Mayor and City Clerk. 10. The Owner/Developer shall record this Agreement in the Public Records for Palm Beach County, Florida. 3 IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA Cary D. Glickstein, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: The regoing ins en=-wasacknowledged before me this day of 015 ame of officer or agent, title of Acer or agent) of ame of corporation acknowledging), a ` (state or plac f incorporation) corporation, on behalf of the corporation. He/She is personall known to me or has produced as identification Signature of Notary Public - State ti PG�r Susan B. Shaw of Florida Y C � : CommissioIl FF070388 .!Expires: Nov. 13, 2017 rd WITNES E : EQ Y RAY, LCC By Print Name: �' �ns'�'1 Print ame: Prin Name: The foregoing instrument was acknowledged before me this AL_ day of NNEW 2015 by _ JDHM ELV014 (name of officer or agent, title of officer or agent) of E&At1'ij b�LITAV LV, (name of corporation acknowledging), a PLp¢lDA (state or p ace of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced ads idPnttfijejtion. ` WHITLEY Commission # FF 143788 Expires November 20, 2018 BondedThm Troy Fdn Inevrenca 600-M.7016 Prepared by and return to. Donald J. Doody, Esq. Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale, Florida 33308 FIRST AMENDMENT TO IN -LIEU PARKING AGREEMENT This In -Lieu Parking Agreement (the "Agreement") is made as of this day of November, 2015, by and between Equity Delray, LLC, a Florida limited liability company (hereinafter "Equity") and the Delray Beach Community Redevelopment Agency (hereinafter "CRA"). WHEREAS, in accordance with the terms of a Tri -Party Agreement to be entered into between the City of Delray Beach "City"), Equity and the CRA, Equity and the CRA are obligated to pay City the amount of $96,600.00 in lieu of providing 42 of the required parking spaces for the development of certain real property located on the south sided of Atlantic Avenue between SW 6"' Avenue and SW 9th Avenue, Delray Beach, Florida (with a 21 -space credit for parking constructed within the public rights-of-way); and WHEREAS, the obligation to make the aforesaid payment inures directly to the benefit of Equity pursuant to the terms of the Tri -Party Agreement; and WHEREAS, the CRA does not benefit from the payment to the City in lieu of the required parking spaces. WHEREAS, on November 5, 2015, the CRA Board approved the In -Lieu Parking Agreement between Equity and the CRA. WHEREAS, Equity and the CRA now mutually agree to amend the In -Lieu Parking Fee Agreement, in accordance with the terms of the Tri -Party Agreement, wherein Equity and the CRA are obligated to pay City the amount of $87,400.00 in lieu of providing 38 of the required parking spaces for the development of certain real property located on the south sided of Atlantic Avenue between SW 6th Avenue and SW 9th Avenue, Delray Beach, Florida (with a 19 -space credit for parking constructed within the public rights-of-way); NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. Equity and CRA do hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Equity agrees and acknowledges that it shall be solely responsible for the payment to City as set forth below, in lieu of providing 38 required parking spaces for its proposed development: (00097992.1655-9503853 ) (a) One payment in the amount of $43,700.00 by check delivered to the City upon execution of this Agreement. (b) One payment in the amount of $21,850.00 is due on the second anniversary of the date of this Agreement. (c) One payment in the amount of $21,850.00 is due on the third anniversary of the date of this Agreement. (d) Each payment shall be made to: Finance Department City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 3. In the event that Equity fails to tender any payment due under paragraph 2 above, and before any efforts are undertaken by the CRA. to seek recourse against Equity or undertake any further legal action, the CRA shall provide Equity with three (3) business days' written notice to cure. 4. In the event of any litigation or any action undertaken to seek such recourse and/or enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs (including appellate attorneys' fees and costs). 5. Equity and CRA have had legal counsel review the Agreement and explain the rights and obligations thereunder and the legal effect thereof. 6. Equity hereby indemnifies and holds the CRA harmless from any and all liability, damages, action or indebtedness arising out of the Agreement with the City and Equity's obligation thereunder. 7. The language of the Agreement is a product of the mutual effort of the Parties and their respective counsel. The Agreement shall be construed fairly as to all Parties, and shall not be construed for or against any Party on the basis (or the extent) to which that Party participated in the drafting of these agreements. 8. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original and all such counterparts shall together constitute one and the same instrument. The Parties agree that signatures by facsimile and/or .pdf are acceptable and binding, but shall endeavor to substitute original signatures thereafter. 9. This Agreement is binding on, and will inure to the benefit of, the executing Parties and their respective successors in interest and assigns. 10. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 11. 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 to this Agreement. (00097982.1655-9503853 1 IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth above. WITNESSES: STATE OF FLORIDA COUNTY OF PALM BEACH DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By. Reginal A. Cox, Chair Ott --- The foregoing instrument was acknowledged before me this day of November, 2015 by Reginald A. Cox, as Chair of the Delray Beach Community Redevelopment Agency, on behalf of the Agency, who is personally known to me or provided a Florida Driver's License as identification. Susan B. Shaw ~} `aCon►mi5sioa# 07o3as Notary Public Expires. Nov. 13, 2417 wWWAARONNOTARY.com WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH EQUITY DELRAY, LLC By: Title: The foregoing instrument was acknowledged before me this day of November, 2015 by , as of Equity Delray, LLC, a Florida limited liability company on behalf of the company, who is personally known to me or provided a Driver's License as identification. Notary Public {000979821 655-9503653} IN V4 INESS WIICREOf. the panics to the Agrcemcnt have caumd this Agreement 14) he duly tx vutcd tin their behalf as of the date, w4 fOrth A�wwc. AJ I NESSIS. Print Now. OF FLOR I DA C(A iN 1. ti` OF PALM 13IiACI I DELRAY BEACH COMMUNITY REDEVt:I,OPSIENT AGENCY Ry: Itcl irtald A Cox. Chair Ilia foregoing tnmrtiment %as twkno%1cdgcd tvfore ms this _ 4 ()f Notemk►er. :t)I � by Reginald A Cm. ax Chair of ttie i)cltay Mach Cottunw jt! Rcdc`alt pment Aprwy.. tut 'behalf of rite .Ucmy, who is per finally kno%m tv me of pow4lod a Fly►tido IMver 'rA [.rccrw as identification. A�r'ITtii:S�t I rtni iti71t7c FC'r`g. �;4'�i� t�riitii Nt7 �AN[�rsrkt=2 STATF:OU FI_t)RIVA C'[)UNI'V OF Phi M III M1 tirwv} f"ie1,11v I be 1"ortgrangi instrui# cm %eas acknowledgcd before me ti'tiiv N day of November, ?Ctl S h;4 t_ j4N, ,,% gA"tj,w bg of 4::sl461y I)cIffly. I_i-C, s Flrxids limited Nubility CiMj f%iri}' ,in be alf rtf tllc Lnt,jpatty. MW ire jcrsorru 4- known m nit cw lwmided a _ Orirer's Liecttac as ickwific.mim. -- r - �itrE:Ad} 1'utillc so" Put* obft Damon Q d E{ImY • k4c mail (;mow t)TIiT!l017 PLANNING AND ZONING DEPARTMENT STAFF REPORT December 1, 2015 The property is located on the south side of West Atlantic Avenue, between S.W. 91" Avenue and S.W. 6t" Avenue. The action before the City Commission is an in -lieu parking fee request for Uptown Atlantic. This is a mixed use development in the CBD (Central Business District) zoning district consisting of 17,267.30 square feet of office use; 6,040 square feet of restaurant use; 43,162 square feet of commercial/retail use; and 112 multi -family dwelling units. The CBD allows up to 12 dwelling units per acre "by right" in the West Atlantic Neighborhood; 18 dwelling units per acre are proposed for this development [LDR Section 4.4.13(8)(4)], which is allowed by conditional use. At its meeting of June 16, 2015, the City Commission approved the conditional use associated with the project to increase the residential density from 12 dwelling units per acre to 18 dwelling units per acre, subject to a number of conditions. One such condition was to request and process the request for a fee in -lieu of providing 45 parking spaces. The Parking Management Advisory Board considered the in -lieu request for 42 parking spaces at its meeting of July 28, 2015 and recommended approval, subject to the condition that the in -lieu credit for on -street parking spaces be granted only for up to 42 parking spaces rather than the 50 spaces the applicant is proposing to construct adjacent to the subject property. At its meeting of November 3, 2015, the City Commission considered the in -lieu request for 42 parking spaces. The motion to approve the in -lieu request failed on a 2 to 2 vote (Petrolia, Jacquet, dissenting, Jarjura absent). The applicant has revised the development proposal to provide 4 additional parking spaces on the subject property by converting a loading area to vehicle parking on the 600 block. This reduces the requested in -lieu request from 42 spaces to 38 spaces. Parking Requirements: LDR Section 4.4.13(G)(2)(c) requires six parking spaces per 1,000 square feet of gross floor area for restaurants, and one parking space per 300 square feet of total floor area for all nonresidential uses [LDR Section 4.4.13.(G)(2)]. Per LDR Section 4.4.13(G)(2)(g), the parking for business and professional office is one space per 300 square feet of net floor area. Parking for multi -family residential structures and mixed use development must be provided pursuant to LDR Section 4.6.9 (C)(2), as follows: • Efficiency dwelling unit 1.0 space/unit • One bedroom dwelling unit 1.5 spaces/unit • Two or more bedroom dwelling unit 2.0 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.5 spaces/unit - for units 21-50 0.3 spaces/unit - for units 51 and above 0.2 spaces/unit The proposed mixed use development contains 17,267.3 square feet of office use; 6,040 square feet of restaurant use; 43,162 square feet of commercial/retail use; and 112 multi -family dwelling units comprised of 15 efficiency units, 18 one -bedroom units, 75 two-bedroom units, and 4 three-bedroom Memorandum to Mayor and City Commissioners December 1, 2015 Page 2 units. Based on this development mix, the non -shared required parking for the proposed development is 469 parking spaces. LDR Section 4.6.9(C)(8)(a) - Shared Parking allows for buildings or a combination of buildings on a unified site to utilize the shared parking calculations which affords reduced parking requirements by accommodating varied peak utilization periods for different uses (see below). Per the shared parking calculation table, the minimum total parking requirement is the highest sum of the vertical columns. The subject development requires a minimum of 393 spaces. The revised development proposal provides a total of 355 on-site parking spaces. The previous development proposal included 351 parking spaces on-site. The additional 4 parking spaces have been accommodated by eliminating a loading area in the 600 block. This revision results in the request for a 38 space "fee in -lieu of parking" request to satisfy parking requirements. Thus, the conditional use was approved for the proposed development subject to the condition that compliance with parking code requirements is achieved via approval of the "fee in -lieu of parking" request by the City Commission. On -Street Parking: Although not counted toward meeting the parking requirements for the project, a total of 50 new public parallel parking spaces are to be provided. Because they are available to the general public, these spaces should help meet the short term parking requirements of residents and guests of the development. In -Lieu Parking Fee: The subject property is located in Area #3 of the West Atlantic Neighborhood in -lieu area. Per LDR Section 4.6.9(E)(3)(b)(3), the in -lieu fee in the West Atlantic Neighborhood is $4,600 per space. If approved, the development would ordinarily be required to remit a total of $174,800 (38 x $4,600 = $174,800) to the City of Delray Beach, but the provision below allows credit for spaces constructed in the right-of-way. Per LDR Section 4.6.9(E)(3)(e), in addition to in -lieu fees due, where adequate right-of-way exists adjacent to a proposed project for which an in -lieu parking fee has been approved, the applicant must construct additional on -street parking, not to exceed the total amount of spaces subject to in -lieu fees (in this case, 38 spaces), unless authorized by the City Commission. The applicant will be credited up to one-half of a parking space for each full parking space constructed within the public right-of-way. For example, the applicant requests to pay the in -lieu fee on four spaces; the applicant constructs four spaces in the right-of-way; the applicant must only pay the in -lieu fee for two spaces. Weekday Weekend Night Midnight to 6 AM Day 9 AM to 4 PM Evening 6 PM to Midnight Day 9 AM to 4 PM Evening 6 PM to Midnight Use Non -shared requirement Residential 100.4 1.0 100.4 0.6 60.2 0.9 90.4 0.8 80.3 0.9 90.4 Office 57.6 0.1 2.9 1.0 57.6 0.1 5.8 0.1 5.8 0.1 2.9 Commercial/Retail 143.9 0.1 7.2 0.7 100.7 0.9 129.5 1.0 143.9 0.7 100.7 Restaurant 36.2 0.1 3.6 0.5 18.1 1.0 36.2 0.5 18.1 1.0 36.2 Other 131.0 1.0 131.0 1.0 131.0 1.0 131.0 1.0 131.0 1.0 131.0 TOTALS 1 469 245 1 368 1 393 379 1 361 Per the shared parking calculation table, the minimum total parking requirement is the highest sum of the vertical columns. The subject development requires a minimum of 393 spaces. The revised development proposal provides a total of 355 on-site parking spaces. The previous development proposal included 351 parking spaces on-site. The additional 4 parking spaces have been accommodated by eliminating a loading area in the 600 block. This revision results in the request for a 38 space "fee in -lieu of parking" request to satisfy parking requirements. Thus, the conditional use was approved for the proposed development subject to the condition that compliance with parking code requirements is achieved via approval of the "fee in -lieu of parking" request by the City Commission. On -Street Parking: Although not counted toward meeting the parking requirements for the project, a total of 50 new public parallel parking spaces are to be provided. Because they are available to the general public, these spaces should help meet the short term parking requirements of residents and guests of the development. In -Lieu Parking Fee: The subject property is located in Area #3 of the West Atlantic Neighborhood in -lieu area. Per LDR Section 4.6.9(E)(3)(b)(3), the in -lieu fee in the West Atlantic Neighborhood is $4,600 per space. If approved, the development would ordinarily be required to remit a total of $174,800 (38 x $4,600 = $174,800) to the City of Delray Beach, but the provision below allows credit for spaces constructed in the right-of-way. Per LDR Section 4.6.9(E)(3)(e), in addition to in -lieu fees due, where adequate right-of-way exists adjacent to a proposed project for which an in -lieu parking fee has been approved, the applicant must construct additional on -street parking, not to exceed the total amount of spaces subject to in -lieu fees (in this case, 38 spaces), unless authorized by the City Commission. The applicant will be credited up to one-half of a parking space for each full parking space constructed within the public right-of-way. For example, the applicant requests to pay the in -lieu fee on four spaces; the applicant constructs four spaces in the right-of-way; the applicant must only pay the in -lieu fee for two spaces. Memorandum to Mayor and City Commissioners December 1, 2015 Page 3 Analysis: The applicant proposes to construct 50 new parking spaces within the rights-of-way adjacent to the subject development, while only 38 in -lieu parking spaces are needed to meet the parking requirement. Thus, the development is eligible for a credit up to one-half of a parking space, or 19 spaces (38/2=19); unless, however, the City Commission authorizes a credit for the twelve additional parking spaces above the 38 requested in -lieu spaces. If the City Commission authorizes the additional 12 spaces, the total number of credited spaces is increased to 25 (50/2=25), which would result in an increased total credit of $115,000 (25 x $4,600 = 115,000). Given the base allowed credit, the in -lieu fee is reduced by $87,400 (19 x $4,600 = $87,400). Therefore, the in -lieu fee results at $87,400. If the City Commission authorizes the additional 12 spaces, the credit increases to $115,000 which would reduce the in -lieu of parking fee to $59,800. See the table below for clarification: 38 -Space Deficit Option 1 Base Option 2 Enhanced Credit Build 50 on -street parking spaces Build 50 on -street parking spaces Credit 38 spaces = 19 spaces Credit 50 spaces = 25 spaces 19 x $4,600 = $87,400 25 x $4,600 = $115,000 $174,800 $174,800 -$87,400 -115,000 $87,400 in -lieu fee $59,800 in -lieu fee Payment Schedule: Per LDR Section 4.6.9(E)(3)(d), the applicant has opted to enter into an In -Lieu of Parking Fee Agreement with the City. The obligations imposed on an In -Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant is released upon full payment of the in -lieu parking fees including attorneys' fees and costs. The in -lieu installment payments are made over a three-year time period in three installments. The first installment is 50% of the total fee and is to be paid upon signing the agreement. The second installment shall is 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. A condition of approval is attached that the In -Lieu of Parking Fee Agreement be recorded and the first installment paid prior to issuance of a building permit. nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-322, Version: 1 ROUTINE BUSINESS (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration) City of Delray Beach Page 1 of 1 Printed on 11/23/2015 powered by LegistarT" nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-245, Version: 1 TO: Mayor and Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 BID AWARD TO HAWKINS INC., D/B/A THE DUMONT COMPANY FOR HYDROFLUOSILICIC ACID (BID NO. 2016-015) Recommended Action: Motion to Award Bid No. 2016-015 to Hawkins Inc. d/b/a The Dumont Company in an annual amount not to exceed $53,000.00 for a one (1) year agreement with two additional one (1) year renewal periods to Furnish and for the Delivery of Hydrofluosilicic Acid. This recommendation is in compliance with the Code of Ordinances, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). Background: The City issued Bid 2016-015 on September 22, 2015 for the purchase and delivery of Hydrofluosilicic Acid. There were 54 suppliers electronically notified of the bid, however the City received only one bid at $2.90 per gallon delivered. The bid award is in accordance with Code of Ordinances, Section 36.02 (A)(1), Sealed Competitive Method. Hydrofluorosilic Acid (fluoride) is used for fluoridation of drinking water. It is a crystal clear product that is manufactured consistently as a 23% solution. Less than 1 mg/ I of fluoride is added through the treatment process. The estimated annual expenditures will not exceed $53, 000. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 441-5122-536.52-21 - Water Treatment - Chemicals. City of Delray Beach Page 1 of 1 Printed on 11/24/2015 powered by LegistarT"^ 2016-015 Hydrofluosilicic Acid Form 6 Cost: City of Delray Beach Hawkins, Inc. DBA The Dumont Company 3 - 5 Calendar Days Received on 10.15.2015@ 09:46 AM $ 2.90 After Receipt of Order None Bid Opening 10.15.2015 @2:00 PM Posted 10.20.2015 Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid ./ Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A) $25,000 and above (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 One Year with two additional one Contract Term: year renewal period Comments and Notes: Bid Award 2016-015 Hydrofluosilicic Acid Effective Date: 112/08/2015 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-242, Version: 1 TO: Mayor and Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 BID AWARD TO SEACOAST EMBROIDERY, INC., FOR FIRE DEPARTMENT UNIFORMS (2016- 012) Recommended Action: Motion to Award Bid No. 2016-012 to Seacoast Embroidery Inc. in an annual amount not to exceed $77,000.00 for a three (3) year term with two (2) additional one (1) year renewal periods for Fire Department uniforms. The recommendation is in compliance with the Code of Ordinances, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from various accounts. Background: On September 15, 2015, the City issued a competitive Bid 2016-012 for the purchase of uniforms for Fire Department personnel including shirts, pants, boots and jumpsuits. The bid encompassed 74 specific items used as part of a Fire Department uniform. On October 9, 2015, the City received four responses. Seacoast Embroidery Inc. was the lowest bidder on a majority of the items. In order to minimize the administration time spent on ordering Fire Department uniforms, the Fire Department requested an online ordering system and available of all 74 items. Seacoast was the only bidder which provided pricing for all 74 items. The bid award is in accordance with Code of Ordinances, Section 36.02 (A)(1), Sealed Competitive Method. The award is for a three (3) year agreement with two (2) additional one year renewal periods. The annual cost is not to exceed $77,000. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Finance Department recommends approval. Funding Source: Funding is available from various accounts - Fire Department - Uniforms. City of Delray Beach Page 1 of 1 Printed on 11/24/2015 powered by LegistarT"^ Bid No 2016-012 Fire Department Uniforms City of Delray Beach Attachement A d y L 0 c cn LO N T7V E 00 3QV in _= C d �1 C 0) 0) N o tU C N ` -a L o T � E6 LV O > O M V in a M LO O LOL 00 06 O U Q Item Description Special Instuctions Color Size 1 5.11 Tactical Polo -SS Dark Navy X -Small No Bid 40.95 34.16 51.50 Small No Bid 40.95 34.16 51.50 Medium No Bid 40.95 34.16 51.50 Large No Bid 40.95 34.16 51.50 XL No Bid 40.95 34.16 51.50 XXL No Bid 40.95 34.16 51.50 XXXL No Bid 45.40 38.52 56.00 215.11 Tactical Polo -LS Dark Navy X -Small No Bid 45.40 38.52 56.00 Small No Bid 45.40 38.52 56.00 Medium No Bid 45.40 38.52 56.00 Large No Bid 45.40 38.52 1 56.00 XL No Bid 45.40 38.52 56.00 XXL No Bid 45.40 38.52 56.00 XXXL No Bid 49.80 42.88 60.50 315.11 Tactical Polo -SS Grey X -Small No Bid 40.95 34.16 51.50 Small No Bid 40.95 1 34.16 51.50 Medium No Bid 40.95 34.16 51.50 Large No Bid 40.95 34.16 51.50 XL No Bid 40.95 34.16 51.50 XXL No Bid 40.95 34.16 51.50 XXXL jNo Bid 45.45 38.52 56.00 415.11 Tactical Polo -LS Grey X -Small INo Bid 40.40 38.52 56.00 Small No Bid 40.40 38.52 56.00 Medium No Bid 40.40 38.52 56.00 Large No Bid 40.40 38.52 56.00 XL No Bid 40.40 38.52 56.00 XXL No Bid 40.40 1 38.52 56.00 XXXL jNo Bid 49.80 42.88 60.50 515.11 Tactical Polo -SS White X -Small INo Bid 40.95 34.16 51.50 Small No Bid 40.95 34.16 51.50 Medium No Bid 40.95 34.16 51.50 Large No Bid 40.95 34.16 51.50 XL No Bid 40.95 34.16 51.50 XXL No Bid 40.95 34.16 51.50 XXXL jNo Bid 45.45 38.52 56.00 615.11 Tactical Polo -LS White X -Small INo Bid 45.40 38.52 56.00 Small No Bid 45.40 38.52 56.00 Medium No Bid 45.40 38.52 56.00 Large No Bid 45.40 38.52 56.00 XL No Bid 45.40 38.52 56.00 XXL No Bid 45.40 38.52 56.00 XXXL jNo Bid 49.80 42.88 60.50 Opening Date 10.09.2015 Posted Date 10.20.2015 Bid No 2016-012 Fire Department Uniforms City of Delray Beach Attachement A 0 0 0 c 06 Ln N E Go QV in C Ca �1 V N o U C N M V o E o p LV O M V in a M N O V o O V Q Item Description Special Instuctions Color Size 7 5.11 Professional T -SS Dark Navy X -Small No Bid 22.45 19.87 33.60 Small No Bid 22.45 19.87 33.60 Medium No Bid 22.45 19.87 33.60 Large No Bid 22.45 19.87 33.60 XL No Bid 22.45 19.87 33.60 XXL No Bid 22.45 19.87 33.60 XXXL No Bid 25.73 23.09 36.95 815.11 Professional T -LS Dark Navy X -Small No Bid 25.70 23.41 36.95 Small No Bid 25.70 23.41 36.95 Medium No Bid 25.70 23.41 36.95 Large No Bid 25.70 23.41 1 36.95 XL No Bid 25.70 23.41 36.95 XXL No Bid 25.70 23.41 36.95 XXXL No Bid 28.90 26.68 40.50 915.11 Performance Polo -LS ALL Medium No Bid 25.30 34.16 51.50 Large No Bid 25.30 34.16 51.50 XL No Bid 25.30 34.16 51.50 XXL No Bid 25.30 34.16 51.50 XXXL No Bid 28.60 38.52 56.00 1015.11 Station T Shirt -SS I I Dark Navy X -Small No Bid 12.92 12.25 N/A Small No Bid 12.92 12.25 19.00 Medium No Bid 12.92 12.25 19.00 Large No Bid 12.92 12.25 19.00 XL No Bid 12.92 12.25 19.00 XXL No Bid 12.92 12.25 19.00 XXXL 1 No Bid 16.21 15.52 22.50 1115.11 Station T Shirt -LS I I Dark Navy X -Small No Bid 15.65 14.97 N/A Small No Bid 15.65 14.97 21.85 Medium No Bid 15.65 14.97 21.85 Large No Bid 15.65 14.97 21.85 XL No Bid 15.65 14.97 21.85 XXL No Bid 15.65 14.97 21.85 XXXL No Bid 17.54 19.33 26.50 1215.11 Class A -SS White Small No Bid 39.65 36.90 36.95 Medium No Bid 39.65 36.90 36.95 Large No Bid 39.65 36.90 36.95 XL No Bid 39.65 36.90 36.95 XXL No Bid 39.65 36.90 36.95 XXXL No Bid 42.95 40.17 40.50 1315.11 Class A -LS White Small No Bid 39.68 36.90 36.95 Medium No Bid 39.68 36.90 36.95 Large No Bid 39.68 36.90 36.95 Opening Date 10.09.2015 Posted Date 10.20.2015 Bid No 2016-012 Fire Department Uniforms City of Delray Beach Opening Date 10.09.2015 Posted Date 10.20.2015 U C N M N O M 0 C Ca V V 0 c 0 o E o p o 06 Ln O O N �1 V LV E Go M V V QV N Attachement A in o in a Q Special Item Description Instuctions Color Size XL No Bid 39.68 36.90 36.95 XXL No Bid 39.68 36.90 36.95 XXXL No Bid 42.95 40.17 40.50 14 Flying Cross LS I White Small No Bid 32.95 42.24 42.75 Medium No Bid 32.95" 42.24 42.75 Large No Bid 32.95" 42.24 42.75 XL No Bid 32.95 42.24 42.75 1515.11 Utilty PT Shorts I Dark Navy Small No Bid 24.95 23.83 27.50 Medium No Bid 24.95 23.83 27.50 Large No Bid 24.95 23.83 27.50 XL No Bid 24.95 1 23.83 27.50 XXL No Bid 24.95 23.83 27.50 XXXL No Bid 27.80 27.09 30.75 16 5.11 Stryke Pant w/Flex-Tac Dark Navy 28-44 No Bid 58.50 46.36 53.25 46-54 No Bid 58.50 52.22 59.95 17 5.11 Class A -SS Dark Navy 28-44 No Bid 41.50 33.28 35.85 46-54 No Bid 41.50 36.40 39.20 1815.11 Class A -LS Dark Navy 28-44 No Bid 72.95" 34.66 39.50 46-54 No Bid 72.95" 34.66' 47.50 19 Elbeco Prestige Class A P Dark Navy 28-42 No Bid 58.99 64.96' (28-44)66.25` 44-50 No Bid 58.99 71.46` (46-54)79.50 52-54 No Bid 58.99 77.95' (54)79.50- 54)79.5020 20TRU-SPEC EMS Pants Dark Navy 28-44 No Bid 34.75 34.66 34.30 46-54 No Bid 34.75 40.51 38.507- 46-54 No Bid 34.75 40.51 41.30 (38-48) 21 Topps Safety PC04-1605 Dark Navy 38-50 No Bid 119.75 106.59 144.5 52-54 No Bid 119.75 106.59 (50+) 166.85 56-58 No Bid 119.75 106.59 (50+)166.85 224.00 22 Flying Cross Single Breasted Dark Navy 38-50 No Bid (up to 56) 258.73 249.80 224.00* 52-54 No Bid (up to 56) 284.60 274.80 224.00 56-58 No Bid (up to 56) 310.48 No Bid 224.00 23 Flying Cross Double breasl Dark Navy 38-50 No Bid (up to 56) 239.20 231.85 224.00' 52-54 No Bid I (up to 56) 263.12 255.10 Opening Date 10.09.2015 Posted Date 10.20.2015 Bid No 2016-012 Fire Department Uniforms City of Delray Beach Opening Date 10.09.2015 Posted Date 10.20.2015 U C N M N O M 0 C Ca V V 0 c 0 o E o p o 06 Ln O O N �1 V LV E Go M V V QV N Attachement A in o in a Q Special Item Description Instuctions Color Size 224.00 56-58 No Bid (up to 56) 287.04 No Bid 24 Flying Cross Pants Dark Navy 28-42 No Bid 63.50 72.80 70.60 44-50 No Bid 63.50` 80.08 77.65 52-54 No Bid 63.50` 87.36 No Bid 25 Bates High Gloss Shoes Black 4-15 No Bid 48.75 1 50.96 52.50 26 Bates High -Shine Shoes Black 4-15 No Bid 58.90 1 60.08 64.00 27 Haix Airpower R7 Work Boot Black 4.5-15 No Bid 169.75 108.00 203.95 28 Hair Airpower XR1 Work Boot Black 4.5-15 No Bid 233.75 220.00' 281.00 29 Red Wing Boot 4473 Black 6-12,13,11 No Bid 167.00` 172.80` No Bid 30 Red Wing Boot 5266 Black 4-12,13,1 No Bid 79.90' 84.37 No Bid 31 Red Wing Boot 5290 Black 4-12,13,1 No Bid 58.50` 89.75 No Bid 32 Red Boot USBBK11 Black 4-14 No Bid 119.75 90.45" No Bid 33 Leather 1.75 Plain Belt/ Silver Black 28-44 No Bid 12.50 19.46` 17.50 46-54 No Bid 12.50 21.41' 20.60 56-60 No Bid 12.50 23.35 21.90 Leather 1.75 Plain Belt/ 34 Gold Buckle Black 28-44 No Bid 12.50 19.46 17.50 46-54 No Bid 12.50 21.41' 20.60 56-60 No Bid 12.50 23.35 21.95 Leather 1.75 Hi- Gloss 35 Belt/ Silver Buckle Black 28-44 No Bid 18.90 24.36 20.60 46-54 No Bid 18.90 26.80' 25.50 56-60 No Bid 1 18.90 29.23" 1 26.95 Opening Date 10.09.2015 Posted Date 10.20.2015 Bid No 2016-012 Fire Department Uniforms City of Delray Beach Opening Date 10.09.2015 Posted Date 10.20.2015 U C N M N O M 0 C Ca V V 0 c 0 o E o p o 06 Ln O O N �1 V LV E Go M V V QV N Attachement A in o in a Q Special Item Description Instuctions Color Size Leather 1.75 Hi- Gloss Black 36 Belt/Gold Buckle 28-44 No Bid 18.90 24.36' 20.60 46-54 No Bid 18.90 26.80" 25.50 56-60 No Bid 18.90 29.23` 26.95 37 Uniform Rappel Belt Black small No Bid 30.50' 66.00 28.75 Medium No Bid 30.50" 66.00 28.75 Large No Bid 30.50" 66.00 28.75' XL No Bid 30.50" 66.00 28.75 Bayly-Bell Crown White 38 Dress Hat #07GB1 D3 White 63/8-8 No Bid 89.00' 116.51 77.75 Bayly-Bell Crown White Dress Hat 976803 Navy 63/8-8 No Bid 47.90" 85.40 43.50 Bayly-Bell Crown White 39 Dress Hat #07GB8D3 White 63/8-8 No Bid 89.00 96.99 111.25 Bayly-Bell Crown White 40 Dress Hat White 63/8-8 No Bid 89.00" 116.51 111.25 41 5.11 Responder Parka Dark Navy Small No Bid 214.90 225.86 248.50 Medium No Bid 214.90 225.86 248.50 Large No Bid 214.90 225.86 248.50 XL No Bid 214.90 225.86 248.50 XXL No Bid 214.90 1 225.86 248.50 XXXL No Bid 214.90 237.33 259.50 42 Breakaway Dress Tie Navy Regular No Bid 6.50 6.75' 5.20 Navy Long No Bid 6.50 7.05* 5.20 Black Regular No Bid 6.50 6.75' 5.20 Black Long No Bid 6.50 7.05* 5.20 43 Dress Hand Tie Navy Regular No Bid 4.95 3.60* 4.00 Navy Long No Bid 4.95 3.97' 4.00 Black Regular No Bid 4.95 3.60* 4.00 Black Long No Bid 4.95 3.97' 4.00 44 Cotton Parade Glove White small No Bid 4.96 4.00* 4.00 Medium No Bid 4.96 4.00* 4.00 Large No Bid 4.96 4.00" 4.00 XL No Bid 4.96 4.00' 4.00 XXL No Bid 1 4.96 4.00" 4.00 Opening Date 10.09.2015 Posted Date 10.20.2015 Bid No 2016-012 Fire Department Uniforms City of Delray Beach Opening Date 10.09.2015 Posted Date 10.20.2015 U C N M N �- � L O O i Q >+ M 0 C Ca V V 0 0 c o E o p o 06 Ln O O N �1 V LV E Go M V V QV N Attachement A in o in a Q Special Item Description Instuctions Color Size Water Safety Products - 45 922 Lifeguard Board Short White Small No Bid 29.75' 26.05 27.50 Medium No Bid 29.75' 26.65 27.50 Large No Bid 29.75 26.65 27.50 XL No Bid 29.75" 26.65 27.50 XXL No Bid 29.75' 1 26.65 27.50 XXXL No Bid 29.75" 32.63 27.50 Superior Cotton Knit 46 Beanie 12" Navy Fit All No Bid 4.25' 5.00 5.00 Fahrenhit 679 Sun 47 Protection Hat NAvy Small No Bid 16.50' 19.50 No Bid Medium No Bid 16.50' 19.50 No Bid Large No Bid 16.50" 19.50 No Bid XL No Bid 16.50' 19.50 No Bid FlexFit Pro-Formance 48 6580 Cap Navy small No Bid 14.75 11.40 15.00 Medium No Bid 14.75 1 11.40 15.00 Large No Bid 14.75 11.40 15.00 XL No Bid 14.75 11.40 15.00 49 Name Tag Rho-Glo 12.12' 9.99 9.90" 15.50 Hi-Glo 16.20 9.99 9.90" 22.45 50 Servicing Since Bar J6 Rho-Glo 11.33 9.99 9.90` 14.15 Hi-Glo 12.49 9.99 1 9.90* 16.15 51 FD Jacket Collar insignia 1 Rho-Glo 11.70 9.99 10.35' 29.60 Jacket Collar Insignia 52 w/Bugles A2875 Hi-Glo 2 11.17 12.99 2.70' 25.95 A2873 Hi-Glo 3 11.17 12.99 2.70* 25.95 2872 Hi-Glo 4 Bugles 11.17 12.99 2.70' 25.95 2871 Hi-Glo 5 Bugles 11.17 12.99 1 2.70* 25.95 53 Dress Hat Insgnia 1 5/8" A2327 Rho-Glo Laddei 14.45 18.99 16.65 19.45 6864 Rho-Glo EnginE 14.45 18.99 16.65 19.45 54 Dress Hat 1 5/8" Bugles A175 Hi-Glo 2 Bugles 14.45 18.99 19.80 19.45 2910 Hi-Glo 3 Bugles 14.45 18.99 19.80 19.45 1962 Hi-Glo 4 Bugles 14.45 18.99 19.80 19.45 2811 Hi-Glo 5 Bugles 14.45 18.99 1 19.80 19.45 55 Colar Insignia J51 Hi-Glo 5.34" 5.94 1 2.70* 6.30 J53 Hi-Glo 5.34* 5.94 2.70 6.30 J54 Hi-Glo 5.34* 5.94 2.70" 6.30 J55 Hi-Glo 5.34` 5.94 2.70* 6.30 56 Emergency Paramedic Pin A7303 Hi-Glo 15.30 18.88 16.20 20.90 57 FD Tie Clip J86 Rho-Glo 6.88* 7.75 20.70' 8.30 J86 Rho-Glo 1 6.88 7.75 1 23.40' 8.30 Opening Date 10.09.2015 Posted Date 10.20.2015 Bid No 2016-012 Fire Department Uniforms City of Delray Beach * Denotes alternate item proposed Opening Date 10.09.2015 Posted Date 10.20.2015 d C N M N �- � L O O i Q >+ M 0 C Ca V V 0 0 c o E o p o 06 Ln O O N �1 V LV E Go M V V QV N Attachement A in o in a Q Special Item Description Instuctions Color Size 58 Fire Chief Badge 158C 32.20 64.50 85.50 47.90' 59 Assitanct Chief Badge 158C 32.20 64.50 85.50 47.90` 60 Division Chief Badge 158C 32.20 64.50 85.50 47.90 61 Battalion Chief Badge 32.20 64.50 85.50 47.90 62 Captain Badge 158C 32.20 64.50 85.50 47.90' 63 paramdeic Badge 158C 32.20 64.50 85.50 47.90- 7.9064 64Engineer Badge 158C 32.20 64.50 85.50 47.90 65 Firefighter Badge 158C 32.20 64.50 85.50 47.90 66 Watermen Super -Stretch NAVY 20-44 No Bid No Bid 40.50 No Bid Women's Professional 67 Boardshort 0-16 No Bid No Bid 32.25 No Bid 68 Nike Swim Nylon Core Tank NAVY 20-44 No Bid No Bid 35.25' No Bid 69 Port Authority J310 Ranger NAVY Small No Bid No Bid 80.99 98.75 Medium No Bid No Bid 80.99 98.75 Large No Bid No Bid 80.99 98.75 XL No Bid No Bid 80.99 98.75 70 Hanes Short Sleeve T -Shirt Small No Bid No Bid 1 7.98 28.50 Medium No Bid No Bid 7.98 28.50 Large No Bid No Bid 7.98 28.50 XL No Bid No Bid 7.98 28.50 71 Hanes Long Sleeve T -Shirt Small No Bid No Bid 12.36 31.50 Medium No Bid No Bid 12.36 31.50 Large No Bid No Bid 12.36 31.50 XL No Bid No Bid 12.36 31.50 72 Gildan 7.5 oz Sweastshit Small No Bid No Bid 18.77 32.50 Medium No Bid No Bid 18.77 32.50 Large No Bid No Bid 18.77 32.50 XL No Bid No Bid 18.77 32.50 73 Otto Air Mesh NAVY Fit All No Bid No Bid 7.80 12.00 74 Apoloo Microfiber Sun Hat NAVY Fit All No Bid No Bid 16.46 No Bid * Denotes alternate item proposed Opening Date 10.09.2015 Posted Date 10.20.2015 Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid -/ Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A) $25,000 and above (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 F1201/2015 to 11/30/2018 with two Contract Term: year optional renewal periods Comments and Notes: Effective Date: Bid Award 2016-012, Fire Department Uniforms to Seacoast Embroidery Inc. nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-309, Version: 1 TO: Mayor and Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 RESOLUTION NO. 73-15: BUDGET AMENDMENT Recommended Action: Motion to Approve Resolution No. 73-15 amending Resolution No. 63-15 adopted September 15, 2015, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2015/2016, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2015/2016. Background: This is a housekeeping amendment to add to the FY2016 budget projects previously approved in FY2015 that because of delays in startup did not meet the accounting criteria for an encumbrance and automatic roll forward into FY 2016. The Commission's approved of the FY2016 budget was based in part on the understanding that the FY2016 year end unassigned surplus would be approximately 19 % of budgeted General Fund spending. The forecast FY2015 spending underlying this amount included the projects in this amendment, and a resulting FY2015 year end unassigned surplus. Because the funds were not expended or encumbered in FY2015, the FY2015 year end surplus will be greater than forecast. Moving the projects into FY2016 will increase FY2016 spending, which will deplete the FY2016 addition to surplus by a like amount. The result will be a FY2016 year end unassigned surplus of 19 %, as approved. It is not a vehicle to request funding of new projects. These will be handled in the normal course of business after proper analysis and approvals. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from the forecasted FY2015 unassigned surplus. Timing of Request: Approval of this request will permit the City to move forward with projects originally planned to begin in FY2015. City of Delray Beach Page 1 of 2 Printed on 11/24/2015 powered by LegistarT"^ File M 15-309, Version: 1 City of Delray Beach Page 2 of 2 Printed on 11/24/2015 powered by LegistarT" RESOLUTION NO. 73-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 63-15 ADOPTED SEPTEMBER 15, 2015 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2015/2016, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2015/2016; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 63-15 adopted by the City Commission of the City of Delray Beach, Florida, on September 15, 2015, is hereby repealed, and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1" day of October, 2015, and ending the 30"' 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 1" day of October, 2015, and ending the 30'hday 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`b 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 15` 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 1" 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 therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and/or Chief Financial Officer to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/ expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 3, 2015, and September 15, 2015. 2015. ATTEST: City Clerk Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 1st day of December, MAYOR RES. NO. 73-15 Exhibit A Budget Summary As Amended DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 4,020,327 5,889,853 0 9,910,180 ESTIMATED REVENUES: TAXES M, 9es AD VALOREM TAXES 7.0611 53,535,470 0 0 0 53,535,470 AD VALOREM TAXES 0 2756 2,090,340 0 0 0 2,090,340 AD VALOREM -DELINQUENT 50,000 0 0 0 50,000 AD VALOREM - DDA 1.0000 0 692,831 0 0 692,831 Sales & Use Taxes 1,440,000 0 0 0 1,440,000 Utility Taxes 6,070,000 0 0 0 6,070,000 Other Taxes 3,981,000 0 0 0 3,981,000 Franchise, Licenses & Permits 10,347,200 0 1,700 0 10,348,900 Intergovernmental 8,231,250 0 67,750 789,680 9,088,680 Charges for Services 11,751,000 0 42,640,310 0 54,391,310 Fines & Forfeitures 971,850 0 0 121,250 1,093,100 Miscellaneous Revenues 7,923,190 62,000 396,260 1,697,210 10,078,660 Other Financing Sources 3,963,400 0 112,000 1,081,620 5,157,020 TOTAL REVENUES AND OTHER FINANCING SOURCES 110,354,700 754,831 43,218,020 3,689,760 158,017,311 TOTAL ESTIMATED REVENUES AND BALANCES 114,375,027 754,831 49,107,873 3,689,760 167,927,491 EXPENDVTURES/EXPENSES: General Government Services 14,454,150 0 0 0 14,454,150 Public Safety 62,353,517 0 0 121,250 62,474,767 Physical Environment 518,520 0 31,206,663 0 31,725,183 Transportation 3,866,210 0 0 0 3,866,210 Economic Environment 9,151,840 747,903 0 2,469,020 12,368,763 Human Services 47,750 0 0 52,000 99,750 Culture & Recreation 13,666,030 0 4,142,330 884,750 18,693,110 Debt Service 3,689,790 0 2,756,230 0 6,446,020 Other Financing Uses 3,959,220 0 9,170,110 300 13,129,630 TOTAL EXPENDVTURES/EXPENSES 111,707,027 747,903 47,275,333 3,527,320 163,257,583 Reserves 2,668,000 6,928 1,832,540 162,440 4,669,908 TOTAL EXPENDVTURES AND RESERVES 114,375,027 754,831 49,107,873 3,689,760 167,927,491 Lop n R N coo eq VY 000 O O r- O O 0) Ln w o O r� m O o art O LM M a) ry Ln r� O O O Q Ln 00 � 00 M M m M p� r-1 (V 00 00 01 ll] Cl Q. � m m oo m 0)c� w M `� � ryT r-9 t� tvt ei we t4 C] V) O L O a O N ro D 0 O tf1 L U aJ � E mc U i w w C CL c E 0 Q ry C E C� pip L U u w c. � lJ a v m t4 eZ D N N c t U U = M 2 CU m w Y L d ro � Q D E a u rr a tU re LLn QO ai 40 cn ate. v= j QJ ao °' �o °J O N m w 0't ro {ry y L w C ac aJ u o u o w _ n� -O t7 v m z a>> Q C] V) O L O a O N ro D 0 O tf1 L U aJ � E mc U i w w C CL c E 0 Q ry C E C� pip L U u w c. � lJ a _ LL $ LL m CL E 2 ƒ � FIF Ll / 7 % \ ¥ � , 2 cn k © �. 2 St 00 LM c rw r W N N H r-1 1-1 R-1 e•i Vi 'T 0)� ou eu a �t r-! a LA LL. 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UJ m O Z 0 lb Z Q V1 [t] nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-292, Version: 1 TO: Mayor and Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 RENEWAL AGREEMENT WITH CONCENTRA HEALTH SERVICES, INC. FOR THE WORKSITE HEALTHCARE Recommended Action: Motion to Approve Renewal of Agreement with Concentra Health Services Inc. for a one (1) year period through January 2, 2017 in an annual amount not to exceed $980,000.00. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.07(3), "Renewals". Funding is available from 551-1577-591-34.90 (Insurance Fund: Other Contractual Services). Background: On December 4, 2012 the City Commission approved a three year agreement with Concentra Health Services to provide medical services at a worksite medical facility. The attached agreement allows for automatic renewal periods and provides for a 90 day termination notice without cause. Staff is recommending a one year renewal. The City will be exploring other options for occupational health and employee wellness programs prior to the expiration of the Employee Health Insurance policy in May 2016. The annual cost is not to exceed $980,000. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 551-1577-591.34-90 Employee Health and Wellness - Other contractual services City of Delray Beach Page 1 of 1 Printed on 11/24/2015 powered by LegistarT"^ AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY This Agre i,rre it for Se ices at a Worksite Medical Facility (the "Agreement") is made and entered into as of the "q day of 9.rAc4 , 2012 (the "Effective Date"), by and between Concentra Health Services, Inc., a Nevada Corporation, ("Concentra") and the City of Delray Beach ("Client"). RECITALS WHEREAS, Concentra is in the business of providing certain healthcare services through its affiliates, including those services as described on Schedule I attached hereto (the "Services"); and WHEREAS, Client desires to engage Concentra, and Concentra desires to accept such engagement, to provide the Services, on the terms and conditions set forth in this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT Obligations of the Parties. (a) During the term of this Agreement, Concentra shall, through its affiliates, provide the Services described on Schedule I. (b) Client agrees to provide adequate office and clinic space, telephone, fax capability, computer and online availability, and supplies for the Concentra employee(s) to provide the Services, and the fee schedule set forth on Schedule H has been determined in consideration of this Section 1(b). 2. Compensation. In consideration of Concentra's provision of the Services pursuant to Section 1, Client shall pay Concentra and/or its designated affiliate in accordance with the fee schedule set forth on Schedule H hereto (the "Fees"). At the beginning of each 12 -month period of this Agreement, commencing on the date which is 12 months following the Effective Date, the Fees for the prior 12 -month period shall be increased by the (i) the percentage change in the Consumer Price hndex, All Urban Consumers (CPi-U) for medical care or (ii) 6%, whichever is less. Concentra shall invoice Client, in advance, no more frequently than monthly, and Client shall remit payment to Concentra within thirty (30) days of receipt of invoice. 3. Term and Termination. (a) The initial term of this Agreement shall be a period of three (3) years commencing on the Effective Date, with Concentra to begin delivering healthcare services on January 2, 2013. Thereafter, this Agreement shall automatically renew for successive additional terms of one (1) year each, unless sooner terminated as provided herein. (b) Following the first twelve (12) months of this Agreement, either party may terminate this Agreement at any time, without cause, upon at least ninety (90) days prior written notice to the other party. (c) Except as otherwise provided in Section 7(a) of this Agreement, either party may tenninate this Agreement immediately upon written notice to the other party in the event of such other party's breach of a material provision of this Agreement which remains uncured for a period of thirty (30) days following receipt of written notice specifying the breach complained of, (d) In the event Client terminates this agreement without cause at any time during the initial twelve (12) months of the Agreement, Client will pay Concentra an early termination penalty in an amount equal to three (3) times the average monthly fee (based upon the amount of the monthly fee paid during the term of the Agreement) within thirty (30) days of the date of termination of the Agreement. 4. Compliance with Laws. In the performance of its duties and obligations pursuant to this Agreement, Concentra shall comply with all laws, rules, and regulations applicable to Concentra in connection therewith. Concentra further shall ensure that all personnel performing Services hereunder are appropriately licensed and/or certified to perform the Services, and be in good standing with his or her professional association. In the event that any personnel performing Services has his or her license restricted, revoked, or suspended, Concentra shall promptly remove said personnel. 5. Insurance. Promptly following the execution and delivery of this Agreement, Concentra shall provide to Client certificates of insurance evidencing Concentra's commercial general liability and professional liability insurance coverage in the amounts listed on the attached Schedule Ill for services rendered by Concentra. Concentra shall notify Client thirty (30) days prior to any modification, cancellation, lapse, or termination in such insurance, which may affect Client. 6. Nature of Relationship. Concentra shall perform this Agreement as an independent contractor to Client and, except as specifically provided in this Agreement, Concentra shall be solely responsible for the means and methods used to perform its obligations to Client. Concentra and Client specifically acknowledge and agree that all individuals who will be performing services hereunder are agents or employees of Concentra and not of the Client. Nothing in this Agreement is intended or shall be construed to create a joint venture, agency, partnership, employer/employee relationship or any legal or equitable relationship other than that of client and independent contractor. 7. Non -Solicitation and Non -Recruitment Client acknowledges and agrees that the relationship between Concentra and its affiliate employees who work with Client in the performance of Services hereunder constitutes a valuable asset of Concentra. Therefore, Client will not directly or indirectly induce, or attempt to induce, with the exception of the posting of a job vacancy in accordance with the City's hiring procedure, any employee of Concentra to terminate his or her employment or hire away or attempt to hire away any employee of Concentra, during the term of this Agreement and for one (1) year following the expiration or termination of this Agreement for any reason. Should Client solicit an employee in violation of this Section, Concentra may tenninate immediately this Agreement upon written notice to Client and shall receive as liquidated darnages from Client the equivalent of the early termination penalty described in Section 3(d) of this Agreement. Should Client hire an employee in violation of this Section, Concentra may terminate immediately this Agreement upon written notice to Client and shall receive as liquidated damages for each employee hired, an amount equal to one (l) time the annual salary of each employee hired. This Section shall survive the termination of this Agreement. 8. Confidentiality (a) The Client is bound by the State Public Records Act which provides for the mandatory disclosure of certain records to the public upon request. Any disclosure by the Client pursuant to the Public Records Act shall be exempt from the provisions of this section. (b) The parties recognize and acknowledge that in the course of perfonning its duties and obligations under this Agreement such parties may have access to the other party's trade secrets and confidential or proprietary information (the "Information"). Information shall include, but not be limited to, this Agreement and the terms contained herein, Each party hereby agrees that, except when required by law and the State Public Records Act, it will not disclose, in whole or in part, such Information for its own purposes or for the benefit of 2 any other person, firm, partnership, association, corporation or business organization, entity or enterprise. hi connection therewith, each party represents and warrants that any employee or agent of a party that has access to the Information of the other party has executed a written agreement obligating each individual to adhere to and be subject to the terms of this Section. Both parties shall maintain the confidentiality of medical records generated hereunder in accordance with applicable law and shall protect from disclosure any protected health information, as defined in 45 CFR §164.501, or individually identifiable health information as defined in 45 CFR Parts 160-164 and the federal security standards as contained in 45 CFR Part 164. The parties shall enter into a Business Associate Addendum attached hereto as Schedule IV. (c) The parties agree that, in the event of a disclosure or threatened disclosure of such Information in a manner inconsistent with the terms of this Agreement, through any means whatsoever, the injured party may terminate this Agreement and may, in addition to any other remedies to which it may be entitled: (i) demand the return of any and all documents or other tangible items which reflect, reveal, disclose, constitute, compromise, or embody such Information and any or all copies thereof, whereupon the party disclosing, or threatening to disclose, such Information in a manner inconsistent with the terms of this Agreement shall promptly comply with such demand; and (ii) be entitled to institute and prosecute proceedings in a court of competent jurisdiction to obtain temporary and/or permanent injunctive relief to enforce any provision hereof, without the necessity of proof of actual injury, loss or damage. It is the intention of the parties hereto that, in enforcing the provisions of this Section, a court may take into consideration, among other factors, each of the parties' interest in maintaining the confidentiality of such Information. Anything contained in this Section to the contrary notwithstanding, the provisions of this Section are not intended to cover infornation, which is in the public domain or becomes generally known. This Section shall survive the termination of this Agreement. 9. Indemnification. (a) Each party shall indemnify, defend, and hold harmless the other party, and such other party's officers, directors, employees, and affiliates, from and against any and all liability, loss, cost, or expense (including, without limitation, reasonable attorney's fees), arising out of or in connection with the negligence or misconduct of the inderrmifying party in the performance of its duties and obligations pursuant to this Agreement, subject to the monetary limits set forth in Florida Statute 768.28 and the Florida Constitution as to the City. Nothing contained herein shall be deemed a waiver of the City's Sovereign Immunity. (b) In the event that a Client employed or contracted physician provides physician oversight (the "Client Physician") to and for a Concentra employed or contracted nurse or physician assistant providing Services under this Agreement, Client shall indemnify, defend, and hold harmless Concentra, and Concentra's officers, directors, employees, and affiliates, from and against any and all liability, loss, cost, or expense (including, without limitation, reasonable attorney's fees), arising out of or in connection with the negligence or misconduct of the Client Physician, subject to the monetary limits set forth in Florida Statute 768.28 and the Florida Constitution as to the City. Nothing contained herein shall be deemed a waiver of the City's Sovereign Immunity. (c) The party seeking indemnification shall promptly notify in writing the party from whom indemnification is sought of any claim asserted against it for which such indemnification is sought, and shall promptly deliver to the party from whom indemnification is sought a true copy of any such claim including, but not limited to, a true copy of any summons or other process, pleading, or notice issued in any lawsuit or other proceeding to assert or enforce such claim. Where acceptance of its obligation to indemnify is deemed proper by the indemnifying party, said party reserves the right to control the investigation, trial, and defense of such lawsuit or action (including all negotiations to effect settlement) and any appeal arising therefrom and to employ or engage attorneys of its own choice. (d) The party seeking indemnification may, at its own cost, participate in such investigation, trial, and defense of such lawsuit or action and any appeal arising therefrom. The party seeking inderimification and its employees, agents, servants, and representatives shall provide full cooperation to the indemnifying part at all times during the pendency of the claim or lawsuit, including without limitation, providing them with all available information with respect thereto. This Section shall survive the termination of this Agreement. 10. Medical Records. (a) Custodian. Concentra shall serve as custodian of such medical records during the term of this Agreement. Concentra will provide copies of such medical records to the Client upon Client's written request with properly executed release from the employee/patient. Such request shall be subject to a reasonable charge for producing such records. (b) Access. Client understands and acknowledges that he/she is not entitled to access any patient medical records except to the extent minimally necessary to determine a workers compensation claim. Concentra is a "covered entity" as enumerated in 45 CFR §160.103. As a covered entity, Concentra may only disclose protected health information as authorized by and to the extent necessary to comply with laws relating to workers' compensation or other similar programs, established by law, that provide benefits for work-related injuries or illness without regard to fault. This Section shall survive the termination of this Agreement. 11. Securi1y Audit Rights. (a) Upon reasonable advance notice, Concentra reserves the right to perforin security audits at the worksite to evaluate the adequacy of h7formation Technology Resources and Information Technology Services as defined herein. Concentra reserves the right to use appropriate tools and technology to monitor, encrypt or scan as appropriate. Concentra shall be provided reasonable access to premises and technology resources to verify conformance to the terms of this Agreement. Concentra shall be pennitted to conduct these audits with any or all its own internal resources or by securing the services of a third party frrrn, solely at Concentra's election. Concentra shall have the right to copy, at its own expense, any record related to the Services performed pursuant to this agreement. (b) For purposes of this Section, the term "Information Technology Resources" includes, but is not limited to, hardware, application software, system software, and information (data), and the term "Information Technology Services" includes, but is not limited to, the management, operation (including input, processing, transmission, and output), maintenance, prograrnming, and system administration of computer systems, networks, and telecommunications systems. All Information Teel -urology Resources shall be sufficiently protected according to Concentra Security standards, wluch shall be provided in writing to Client and shall be substantially in the form attached hereto as Schedule V. 12. Miscellaneous. (a) Entire Agreement: Amendment. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any and all prior agreements, understandings, and arrangements, written or oral, between the parties hereto regarding the subject matter hereof. Only a written instrument executed by both parties may amend this Agreement. (b) Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been properly given (i) when personally delivered, (ii) when sent via overnight delivery by a nationally recognized overnight carrier, upon the delivery date, or (iii) when sent by United States mail, three 4 (3) business days after deposit in postage prepaid, certified or registered mail, to the following respective addresses (or to such other address or addresses as either party may designate in writing): If to Concentra: Concentra Health Services, Inc. 5080 Spectrum Drive, Suite 1200 —West Tower Addison, Texas 75001 Attn: Legal Counsel If to Client: City of Delray Beach 100 N. W. Vt Avenue Delray Beach, Florida 33444 Attn: City Manager (c) Adequate Assurances. If reasonable grounds for insecurity arise with respect to Client's ability to pay for the Services in a timely fashion, Concentra may demand in writing adequate assurances of Client's ability to meet its payment obligations under this Agreement. Unless Client provides such assurances in a reasonable time and manner acceptable to Concentra, then in addition to any other rights and remedies available, Concentra may in its sole discretion (a) partially or totally suspend its performance of Services while awaiting assurances from Client, without any liability, and/or (b) require payment from Client in advance for services not yet provided, without any liability. (d) Force Majeure. Neither party shall be liable for failure to perform any duty or obligation that either may have under this Agreement where such failure has been occasioned by any act of God, fire, strike, inevitable accident, war, or any cause outside the reasonable control of the party who had the duty to perform. (e) Waiver. The failure of either party to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, nor operate to bar the exercise or performance thereof at any time or times thereafter, nor shall its waiver of any right hereunder at any given time, including rights to any payment, be deemed a waiver thereof for any other time. (f) Assignment: Binding Effect. Neither party may assign this Agreement to any other person or entity without the prior written consent of the other party; provided however that Client acknowledges that certain professional services to be rendered by Concentra may be rendered by a professional association affiliated with Concentra. Notwithstanding anything contained herein to the contrary, either party may assign this Agreement, without consent, to the surviving entity in the event of a merger or sale of substantially all the assets. Subject to the foregoing, this Agreement inures to the benefit of, and is binding upon, the parties hereto and their respective successors and assigns. (g) Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties shall, if possible, agree on a legal, valid, and enforceable substitute provision that is as similar in effect to the deleted provision as possible. The remaining portion of the Agreement not declared illegal, invalid, or unenforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of this Agreement. (h) Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the state of Florida. Said venue will be Palm Beach County, Florida. (i) Legislative Modification. Notwithstanding any other provision to the contrary: (a) in the event that any federal, state, or local law, rule, regulation, or interpretation thereof at any time during the tenn of this Agreement prohibits, restricts, or in any way materially changes the method or amount of reimbursement or payment for services under this Agreement, then this Agreement shall, in good faith, be amended by the parties to provide for payment of compensation in a manner consistent with any such prohibition, restriction, or limitation, and (b) with respect to any law, rule, regulation, or interpretation thereof which results in a material increase in the cost of services provided by Concentra hereunder, Concentra shall have the right to increase its fees to reach that level of prices at which it is willing to provide services hereunder. With respect to any other prohibition, restriction, or change that causes this Agreement to be impermissible or materially different in its effect than contemplated herein, the parties hereto will, in good faith, negotiate and amend this Agreement to cause their relationship to be as consistent as possible with that which is created herein; if this Agreement is not so amended in writing prior to the effective date of said prohibition, restriction, or change, either party may terminate this Agreement upon written notice to the other party. 0) Corporate Authority. Client represents and warrants that Client has the requisite corporate power and authority to enter into this Agreement, to engage Concentra to perform the Services set forth herein, and to perform its obligations hereunder. The execution, delivery and performance by Client of this Agreement and the engagernent of Concentra to perform the Services set forth herein have been duly authorized by all requisite corporate action on the part of Client. (k) Publici . Concentra shall seek Client's consent before publishing Client's name or the terms of this agreement in any advertising, written sales promotions, press releases and other publicity matters relating to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. ATTEST: � City Clerk Approved as to form: City Attorney City of dray Beach l By: ill Name: k� j . Title: Dater 1► '2012 Concentra Health Services By: Name: S:1)4- k 1 )'. /0 , Title: Vf �, =.g/ Date: ,J an,.,, `7 -2013 I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgements, personally appeared �'e> R`$l�l E known to me to be the person described in and who executed the foregoing instrument as Cone a corporation organized under the laws of the state of t L He acknowledges before me that he executed the foregoing instrument as such officer in the name and on behalf of the corporation and that he also affixed thereto the official seal of the corporation. LLA SWORN TO AND SUBSCRIBED before me this avITT ay of 203. Notaryli My Commission Expires: OFFICIAL SEAL MEGAN A. GRUBE NOTARY PUSUC, STATE OF ILLINOIS MY COMMISSION EXPIRES 10.5-2013 Schedule 1— Scope of Services I. Staffing Concentra agrees to provide the appropriate staffing members to operate the City of Delray Beach's Employee Health Center. The level of staffing may change upon agreement of both parties to comply with business need, but will initially begin as the following model: Concentra will provide City of Delray Beach the opportunity to meet the fmalist clinician and medical support staff candidates prior to final hire. Al I staff members will begin working on-site 2 weeks prior to opening of the medical center to allow for training. Throughout the year, Concentra may utilize additional staff members to support business need (biometric screens, fu shots, blood draws), upon approval from the City of Delray. The cost for these additional staff members will be calculated in accordance with Schedule II of this contract. H. Eligible Users of the Center Current employees and their dependents, including children over 2 years of age, who are covered on City of Delray Beach's benefit plan, arc eligible to use the Employee Health Center. Retirees and their dependents, who are covered on City of Delray Beach's benefit plan, are eligible to use the Employee Health Center. Persons presenting for care that are not affiliated with City of Delray Beach will not be eligible to use the Employee Health Center HI. Costs to Patients for Services Rendered at the Center Current employees; retirees, and their dependents, including children over the age of 2, who are covered on City of Delray Beach's benefit plan are eligible to access the Employee Health Center for urgent care, primary care, and preventive care services with no out of pocket cost. IV. Operating Hours and Utilization The initial operating schedule for the City of Delray's Employee Health Center will be: Monday Lab Only 8AM — 9AM Full Services 9AM — 6PM closed IPM 2PNI Tuesday Lab Only SAM — 1 OAM Full Services I OAM -7PM closed IPM — 2PM Wednesday Full Services 8AM 5PM closed 1 PM — 2PM Lab Only 5PM — 7PM Thursday Full Services 11 AM — 5PM closed 1 PM — 2PM Police/Fire Physicals 5PM8PM Friday Full Services 8AM —12PM Concentra will follow the following schedule for each staff member: Physician Mon 9-6 1 hr. lunch Tues 10-7 1 hr. lunch Wed Off Thurs 11-5 l hr. 1 unch Fri Off 21 hours Physician Assistant Mon 8-5 1 hr. lunch Tues 8-5 1 hr. lunch Weds 8-5 1 hr. lunch Thurs 1-8 no Iunch 5p - 8p - Not Published hours. Performing Fire and Police exams at this time by agreement Fri 8-12 no lunch 35 hours Registered Nurse Mon 8-6 1 hr. lunch Tues 8-7 1 hr. lunch Weds 8-5 l hr. lunch Thurs 11-5 no lunch Fri` 8-12 no lunch 37 hours of operating time. In addition, the RN and RT arrive 15 minutes early and stay 15-30 minutes late each day to open and close the center for a total of 40 hours. Radiology Technician Mon 8-6 1 hr. lunch Tues 8-5 1 hr. lunch Weds 8-5 1 hr. lunch Thurs 11-8 1 hr. lunch 5p - 8p - Not Published hours. Performing Fire and Police exams at this time by agreement Fri 8-12 no Iunch 37 hours of operating time. In addition, the RN and RT arrive 15 minutes early and stay 15-30 minutes late each day to open and close the center for a total of 40 hours. M Clinic utilization shall be monitored monthly by both Concentra and City of Delray Beach to determine the necessary staffing and operating hours. Hours of operations may be modified periodically based on patient needs with mutual approval by Concentra and City of Delray Beach. This staffing model will support clinical services for an average daily census of 18 - 20 patient encounters per clinician per 8 -hour clinic day. If exceeded, additional clinical or medical support staff will be recommended to support patient demand, medical acuity or complexity. If declines recommendation, this may negatively impact patient satisfaction and clinic wait times and would remove any performance guarantee associated with these items. V. Scope of Clinical Services Concentra will provide the following services at the City of Delray Beach Employee Wellness Center, Urgent Care o Urgent Care -Episodic Treatment includes (but is not limited to) ■ Allergies (ages 6+) • Bladder infection ■ Bronchitis ■ Ear infections ■ Minor eye irritations ■ Sinus infections ■ Colds and influenza ■ Sore throat ■ Swiminer's ear ■ Diarrhea ■ Sprains • Splinter removal ■ Minor burns and rashes ■ Minor skin infections ■ Swimmers itch Primary Care o Primary Care Treatment, in addition to above conditions, includes but is not limited to ■ Clinical preventive services ■ Common immunizations for adults only ■ Flu shots ■ Health education and training ■ Asthma ■ Diabetes ■ High cholesterol ■ High blood pressure ■ Weight management ■ Emphysema • Laboratory testing as ordered by Concentra's clinicians • Biometric Screenings & HRA • Referrals to employee assistance program • Referrals to behavioral health program • Allergy and disease modifying agent injections • Annual personal physical examinations 10 • Regulatory compliance examinations • Drug/alcohol testing - pre-employment, post -accident and reasonable suspicion, DOT • Cotinine testing • X-ray services • Police and Firefighter physical examinations • Other items as mutually approved in writing by Concentra and the City of Delray Beach. Concentra's on-site clinician will have the final determination on the appropriateness of any care provided to patients. This clinician may provide less or more than the items mentioned above if deemed appropriate for patient care in an emergency situation. VI. Worksite Dispensing of Pharmaceuticals Concentra will dispense prepackaged prescription medications included in a formulary mutually agreed upon by Concentra and City of Delray Beach and will charge for these iterns as described in Schedule I1 of this agreement. Concentra will dispense prepackaged, over-the-counter medications and will charge for these items as described in Schedule 11 of this agreement. For medications not available on-site, Concentra will prescribe per the formulary guidelines of City of Delray Beach's PBM partner. VIL Technology & Reporting Health information will be collected and stored in a secure and professional manner. Concentra will use an electronic medical record system to document and manage health data and support electronic prescribing. Appointment scheduling will be managed by the worksite medical support staff from the main clinic phone number; online scheduling may also be utilized for self -scheduled appointments. Quarterly stewardship reports will be delivered within 30 days of the calendar quarter, unless pre -approved by City of Delray Beach. Concentra will create an electronic data interface with Gallagher Benefits for purposes of transmitting patient treatment data in accordance with the terms outlined in a mutually executed Business Associate Agreement. VIII. Communications / Promotion Promotio►v'Marketing of services to enhance employee engagement will be coordinated with City of Delray Beach's Human Resource representatives and other vendor partners as appropriate. Concentra will provide Concentra's internally prepared templates for marketing / communications at no additional cost beyond the fees described in Schedule II. The City of Delray Beach will be responsible for printing and distribution of any marketing materials. IX. Supplies & Equipment Supply inventory will be managed by Concentra, City of Delray Beach will be invoiced monthly for costs. Routine maintenance will be monitored by Concentra operations; City of Delray Beach will be responsible for any costs associated with these items, as outlined in Schedule lI of this agreement. X, Quality Assurance I Audits Concentra will assure quality management, auditing, and physician oversight to this worksite practice. Each mid-level clinician will have 10 random chart audits per month by the collaborating physician. Deficiencies will be documented and noted in the quarterly stewardship report. Concentra will conduct periodic quality assurance audits and will provide the results of these audits during regularly scheduled stewardship meetings. Concentra will conduct patient satisfaction surveys and will provide the results of these surveys during regularly scheduled stewardship meetings. Concentra will manage all licensing and quality assurance requirements for the on-site radiology equipment. Xl. Client Responsibilities The following items will be provided by City of Delray Beach during implementation and ongoing to support the worksite medical practice: •Identify key contacts at beginning of implementation process •Provide site access for Concentra implementation team during the implementation process +Construction / build out of medical center *Provide utilities for medical center *Provide internet connectivity and phone line for medical center *Provide technology hardware 30 days prior to clinic opening (if client is providing hardware per contract) •Contract execution prior to first day of clinic operation (Concentra will not be able to provide patient care without an executed agreement) *Participation in weekly team calls/meetings with Concentra implementation leadership *Support to mutually develop engagement plan strategy and outreach to employees/dependents *Final screening of proposed on-site staff members to approve of cultural fit within organization 12 Schedule H — Com nensation for Worksite Services 1. Staffms and Labor: Concentra will bill the City of Delray Beach on a monthly basis for the costs associated with staffing and labor. This "Monthly Labor Fee" will be determined to be the cost of all staff wages during the calendar period, plus a 74.7% markup. Included in this cost are the following items for all regularly staffed positions: ■ Staff salaries, wages, employee benefits, recruiting, credentialing, continuing education and training ■ Coverage for time off (vacation, personal, sick leave) ■ Account management ■ Medical direction and oversight ■ Professional licenses and fees ■ Membership in professional organizations ■ General and administrative fees ■ Management fees As described above, this markup includes the cost for backfill for regularly staffed positions, but does not include additional staff members who are utilized on a temporary basis for a specific business need (biometric screenings, flu shots, etc.). The charge for these additional temporary staff members will be consistent with the cost-plus model described above (salary + 74.7% markup). 2. Start -Up One Time Implementation Costs: Implementation Staffing Costs - Concentra will begin staffing 2 weeks (determined by facility availability and the City of Delray Beach) prior to clinic opening. Concentra will bill staff costs during this time period consistent with the fee schedule above. Initial Equipment TBD based upon existing inventory (Incurred charges will be passed through with a 10% procurement administration fee) Initial Supplies TBD based upon existing inventory (Incurred charges will be passed through with a 10% procurement administration fee) Pharmacy Inventory Pass through acquisition cost Implementatio»ITravel/Training/Meetings $15,000 WebChart IT/Software 3. On-going Fees: $20,000 Annual EMR/HER subscription/mairntenance fees and IT support Fee $16,000 Medical supplies, office supplies, promotion and communication materials, laundry, waste disposal: Concentra will pass through the cost for these items in the month in which they were incurred with a 10%procurement administration fee. Laboratory Fees: 13 Concentra will collect laboratory samples and send to the City of Delray's preferred laboratory, for processing. The cost for this processing will be coordinated between the lab and the City of Delray 's third party administrator. Pharmacy Fees: Concentra will pass through St. Mary's charges for medication acquisition. 4. Optional Pro=rams: Staffing for Biometric Events (as needed) TBD at time of screening Health Risk Assessments Paper-based HRA • $15.00 per participant • Printing/mailing included Online HRA • $10.00 per participant • $ 7.50 per participant for printing/mailing (if desired) Cholestech Analysis for Biometric Screen • Includes cholesterol and blood sugar results Cotinine Analysis for Biometric Screen Other Terms and Conditions: $15.00 Sent to the City's preferred laboratory Upon each anniversary of this agreement, Staffing and Labor Fees as well as On-going Fees will increase as described in the Master Services Agreement. Provider(s) hours will be scheduled and mutually agreed by both parties. Holiday coverage not included in pricing, Concentra observes the following holidays: New Year's Day, Mcmorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Day and Floating Holiday. To the extent that there is a conflict between the holiday schedule of Concentra and Client, the holiday schedule of Client shall govern this Agreement. Mutually pre -approved travel and mileage (at the IRS rate) expenses incurred in the performance of required services will be billed back at actual cost without additional markup or management fee. Costs for additional items purchased through Concentra's vendor relationships necessary to support the operation of the on-site medical programs, including but not limited to medical supplies, office supplies, medical equipment, vaccinations, laboratory testing, and equipment maintenance, will be passed through at 10% procurement administration fee. Client will have the opportunity to review and approve these items prior to purchase or order. Nothing in this Agreement requires Client to purchase items through Concentra's vendor relationships. However, Concentra will only provide detail reporting and analysis on the purchases made through Concentra's vendor relationships. The Client agrees to provide purchasing data to Concentra as necessary and in a mutually agreed format for purchases made outside of Concentra's vendor relationships for inclusion in Concentra's stewardship reports. 14 Schedule III Insurance Concentra shall maintain, throughout the term of this Agreement, at its sole expense, professional liability insurance coverage, or adequate self-insurance, with limits of not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) annual aggregate. Where applicable, limits shall be in accordance with the Patient Compensation Fund Guidelines. Commercial General Liability Coverage: $1,000,000 per occurrence $3,000,000 general aggregate Concentra will extend Additional h7sured status to clients as it relates to services we are providing to them per written agreement. Automobile Liability Coverage: $3,000,000 combined single limit Concentra will extend Additional Insured status to clients as it relates to services we are providing to them per written agreement. Workers' Compensation Coverage: Each State mandates Statutory Limits and then Employers' Liability Coverage is $2,000,000 each accident, $2,000,000 disease -policy limit and $2,000,000 disease- each employee Additional Insured: The City of Delray Beach shall be included as an additional insured on the contractor's liability insurance policies required under this Contract. Notwithstanding any laws to the contrary, the City of Delray Beach shall be named as an additional insured but only to the extent of monetary limits as set forth by Florida Statute 768.28 and the Florida Constitution. Nothing contained herein shall be deemed a waiver of the City's Sovereign Immunity. Evidence of Insurance: Prior to the commencement by Concentra of any work under this Contract, the City must receive and approve Certificates of Insurance evidencing the insurance coverages and requirements as required by this Contract. Certified copies of the policies will be provided if requested by the City. renewal Certificates shall be provided to the City at least ten (l 0) days prior to the expiration of any policy. If at any time Concentra fails to maintain, or provide evidence of insurance coverage required by this Contract, all work may be halted by the City. The City, at its option, may procure and maintain such required insurance and demand from Contractor reimbursement of premiums paid, including reasonable interest until the reimbursement is recovered from. the Contractor by the City. Cancel] ati on/Changes/Renewal: At least thirty (30) days written notice must be given to the City of any cancellation, intent to non -renew. or material reduction or change in insurance coverage. 15 Schedule IV HIPAA BUSINESS ASSOCIATE AGREEMENT THIS AGREEMENT is entered into by and between City of Delray Beach on behalf of its affiliates that underwrite or administer health plans (hereinafter "Covered Entity") and Concentra Health Services, Inc. (hereinafter "Business Associate"). WITNESSETH WHEREAS, Covered Entity and Business Associate have entered into an Agreement for Services at a Worksite Medical Facility (hereinafter the Arrangement) pursuant to which Business Associate agrees to provide healthcare services; and WHEREAS, Covered Entity and Business Associate desire to enter into a HIPAA Business Associate Agreement (hereinafter the Agreement) as follows: Scope of Agreement A. In conformity with the regulations at 45 C.F.R. Parts 160-164 (the "Privacy and Security Rules"), Covered Entity will provide Business Associate with access to, or have Business Associate create, maintain, transmit and/or receive certain Protected Health Information ("PHI" as defined belo*vv), thus necessitating a written agreement that meets the applicable requirements of the Privacy and Security Rules under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("FIIPAA' )_ B. Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed to Business Associate pursuant to this Agreement in compliance with HIPAAA and the regulations promulgated thereunder by the U.S. Department of Health and Human Services, including, but not limited to, Title 45, Section 164.504(e) of the Code of Federal Regulations ("CFR"), as the same may be amended from time to time and other applicable state and federal laws, rules and regulations regarding privacy and security of personal information. C. The parties acknowledge that state and federal laws relating to electronic data security and privacy are rapidly evolving and that further amendment of this Agreement may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement the standards and requirements of HIPAA, the HIPAA Regulations and other applicable laws relating to the security or confidentiality of PHI. D. In the event of any conflict between this Agreement and the Arrangement as to the subject matter referenced herein, this Agreement shall control. In consideration of the mutual promises below and the exchange of Information pursuant to this Agreement, the parties agree as follows: 1. Definitions. The following terms shall have the meaning set forth below: (a)ARRA. "ARRA" means the American Recovery and Reinvestment Act of 2009 V (b) C. F. R. "C.F. R." means the Code of Federal Regulations. (c) Designated Record Set. "Designated Record Set" has the meaning assigned to such term in 45 C. F. R. 160501. (d) Discoverv. "Discover/' shall mean the first day on which a Security Breach is known to Business Associate (including any person, other than the individual committing the breach, that is an employee, officer, or other agent of Business Associate), or should reasonably have been known to Business Associate, to have occurred. (e) Electronic Health Record. "Electronic Health Record" means an electronic record of health-related information on an individual that is created, gathered, managed and consulted by authorized health care clinicians and staff. (f) Electronic Protected Health Information. "Electronic Protected Health Information" means information that comes within paragraphs 1 (i) or 1 (ii) of the definition of "Protected Health Information", as defined in 45 C. F. R. 160.103. (g) Individual. "Individual" shall have the same meaning as the term "individual" in 45 C. F. R. 164.501 and shall include a person who qualifies as personal representative in accordance with 45 C. F. R. 164.502 (g). (h) Protected Health Information. "Protected Health Information" shall have the same meaning as the term "Protected Health Information", as defined by 45 C. F. R. 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. (i) Required by Law. "Required by Law" shall have the same meaning as the term "required by lain' in 45 C. F. R. 164.501. {j} Secretary. "Secretary' shall mean the Secretary of the Department of Health and Human Services or his designee. (k) Security Breach. "Security Breach" means the unauthorized acquisition, access, use or disclosure of Protected Health Information which compromises the security or privacy of such infot-tnation, except where an unauthorized person to whom such information is disclosed would not reasonably have been able to retain such information. Security Breach does not include: (i) any unintentional acquisition, access, or use of Protected Health Information by an employee or individual acting under the authority of Business Associate if: (a) such acquisition, access or use was made in good faith and within the course and scope of the employment or other professional relationship of such employee or individual, respectively, with Business Associate; and (b) such information is not further acquired, accessed, used or disclosed by any person; or (ii) any inadvertent disclosure from an individual Nvho is otherwise authorized to access Protected Health Information at a facility operated by Business associate to another similarly situated individual at the same facility; and I7 (iii) any such information received as a result of such disclosure is not further acquired, accessed, used or disclosed without authorization by any person. (1) Security Breach Compliance Date_ "Security Breach Compliance Date" means the date that is thirty (30) days after the Secretary publishes interim final regulations to carry out the provisions of Section 13402 of Subtitle D (Privacy) of ARRA.. (m) Security Incident. "Security Incident" shall have the same meaning as the term "security incident" in 43 C. F. R. 164.304. (n) Segregation of duties. "Segregation of duties" is a method for reducing the risk of accidental or deliberate system misuse. Care should be taken that no single person can access, modify or use assets without authorization or detection. The initiation of an event should be separated from its authorization. The possibility of collusion should be considered in designing the controls. (o) Standard Transactions. "Standard Transactions" means the electronic health care transactions for which HIPAA standards have been established, as set forth in 43 C. F. R., Parts 160-162. (p) Unsecured Protected Health Information. "Unsecured Protected Health Information" weans Protected Health Information that is not secured through the use of a technology or methodology specified by guidance issued by the Secretary from time to time. 2. Obligation of Business Associate. (a) Permitted Uses and Disclosures. Business Associate may create, use and/or disclose Covered Entity Patient's PHI pursuant to the Arrangement or this Agreement in accordance with the specifications set forth below provided that such use or disclosure would not violate the Privacy and Security Rules if done by Covered Entity or the miniinum necessary policies and procedures of Covered Entity. ❑ Eligibility, claims information and diagnosis codes) for the sole purpose of technology implementation ❑ Eligibility, diagnosis code(s) and claims information for the sole purpose application development ❑ Eligibility, diagnosis code(s) and claims information for the sole purpose of application design and testing ❑ Eligibility, diagnosis codes, and claims information for the sole purpose of consulting and project management ❑ Eligibility, diagnosis codes, and claims information for the sole purpose of providing telecommunication services. ❑ Eligibility and claims information for the sole purpose of claims processing and payment, billing and reimbursement decisions. ❑ Eligibility and diagnosis code(s) for the sole purpose of inpatient care coordination. ❑ Eligibility, claims information and diagnosis code(s) for the sole purpose of outpatient care coordination. 18 ❑ Medical records for the sole purpose of auditing activities related to credentialing and recredentialing. ❑ Eligibility and claims information for the sole purpose of utilization review and utilization management. ❑ Eligibility and claims information for the sole purpose of medical necessity reviews. ❑ Eligibility information for the sole purpose of referral approval decisions. ❑ Eligibility and claims information for the sole purpose of assisting in patient specific quality improvement activities. ❑ Eligibility, claims information and utilization review and management information for the sole purposes of providing temporary staffing services ❑ Eligibility, claims information and utilization review and management information for the sole purpose of providing, repairing and maintaining equipment and supplies. ❑ Eligibility, claims information and utilization review and management information for the sole purpose of providing services in the form of creating forms and the printing of documents. ❑ Eligibility information for the sole purpose of providing a health information line. ❑ Patient health information for the sole purpose of associate training. ❑ Claims data for the purpose of data referencing and archiving. ❑ Eligibility, claims information, and medical record for the sole purpose of claims processing and payment, billing and reimbursement decisions. ❑ Eligibility, diagnosis code(s), claims information, patient case management file and medical record for the sole purpose of inpatient care coordination. ❑ Eligibility, claims information, diagnosis code(s), patient case management file and medical record for the sole purpose of outpatient care coordination. ❑ Eligibility, claims inforn7ation, diagnosis code(s), medical record, patient specific adverse determination and case management files and referral data for the sole purpose of utilization review and utilization management. ❑ Eligibility, claims information, diagnosis codes, medical record, and patient specific adverse determination (denial file) and case management files for the sole purpose of medical necessity reviews. ❑ Eligibility and medical record for the sole purpose of referral denial decisions. ❑ Eligibility, claims information, medical record, referral data, utilization management data and case management files for the sole purpose of assisting in patient specific quality improvement activities. 19 ❑ Medical records, referral data and utilization management data for the sole purpose of auditing activities related to credentialing and recredentialing. (b) Specific Use and Disclosure Provisions (1) Except as otherwise prohibited by this Agreement, Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. (2) Except as otherwise prohibited by this Agreement, Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached in accordance with the Security Breach and Security Incident notifications requirements of this Agreement. (3) Business Associate shall not directly or indirectly receive remuneration in exchange for any Protected Health Information of an individual without Covered Entity's prior written approval and notice from Covered Entity that it has obtained from the individual, in accordance with 45 C.F.R. 164.508, a valid authorization that includes a specification of whether the Protected Health Information can be further exchanged for remuneration by Business Associate. The foregoing shall not apply to Covered Entity's payments to Business Associate for services delivered by Business Associate to Covered Entity. (4) Except as otherwise prohibited by this Agreement, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 42 C.F.R. 164.504(e) (2) (i) (B). (5) Business Associate may use Protected Health Information to report violation of law to appropriate Federal and State authorities, consistent with 164.502 0) (1). (c) Data Aggregation Services. For purposes of this Section, "Data Aggregation" means, with respect to Covered Entity's PHI, the combining of such PHI by Business Associate with the PHI received by Business Associate in its capacity as a Business Associate of another covered entity, as that term is defiled under HIPAA to permit data analyses that relate to the health care operations of the respective Covered Entities. If applicable, Business Associate shall provide the following Data Aggregation services relating to the health care operations of Covered Entity, as such Business Associate shall comply with restrictions on the use and disclosure of PHI. Covered Entity shall notify Business Associate of such restrictions upon the effective date of this Agreement. • Outcomes data aggregation • Profiling of utilization patterns, outcomes and prescribing patterns of providers • Geographic profiling of patterns of care rendered to Covered Entity Patients 20 (d) Nondisclosure. Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by this Agreement or as Required By Law. Business Associate shall also comply with any further limitations on uses and disclosures agreed to by Covered Entity in accordance with 43 C.F.R. 164.522 provided that such agreed upon limitations have been communicated to Business Associate according with Section 3(d) of this Agreement. (e) Safeguards. Business Associate shall use appropriate safeguards to prevent use or disclosure of PHI other than as specifically provided for by the Arrangement or this Agreement. Such safeguards shall at a minimum include: (i) a comprehensive written information privacy and security policy; and (ii) a program that includes administrative, technical and physical safeguards appropriate to the size and complexity of the Business Associate's operations and the nature and scope of his/her/its activities; and (iii) periodic and mandatory privacy and security training and awareness to its employees and subcontractors; and (iv) appropriate confidentiality agreements with all employees, subcontractors, independent contractors and any entity to which Business Associate has delegated or sub -delegated his/her/its rights, duties, activities and/or obligations under the Arrangement or this Agreement which contain terms and conditions that are the same or similar to those contained in this Agreement; and (v) duties and areas of responsibility should be segregated to reduce opportunities for unauthorized or unintentional modification or misuse of Covered Entity or Business Associates assets. {� Reporting of Disclosures and,Nlitigation. Business Associate shall provide immediate written notice to Covered Entity of any use or disclosure of PHI other than as specifically provided for by the Arrangement or this Agreement. Such notice shall be provided in the manner set out in this Agreement. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. (g) Contractors. It is understood and agreed that Business Associate shall maintain written confidentiality agreements with contractors, including without limitation subcontractors and independent contractors, as necessary to perform the services required under the Arrangement, in a form consistent with, the terms and conditions established in this Agreement. Sample copies of the standard confidentiality agreements between Business Associate and contractors will be made available upon request. Business Associate agrees and shall require contractors to agree that in the event of any conflict between such Confidentiality Agreements and this Agreement, the language in this Agreement shall control. Business Associate agrees to notify Covered Entity of any material change(s) to the aforementioned agreements at least thirty (30) days prior to implementing such change(s). Business Associate shall ensure that any agents, including subcontractors, to whom it provides Covered Entity Patient's PHI received from, created by, or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply to Business Associate with respect to such PHI. In no event shall Business Associate, without Covered Entity's prior written approval, provide Protected Healda Information received from, or created or received by Business Associate on behalf of Covered Entity, to any employee or agent, including a subcontractor, if such employee, agent or subcontractor receives, processes or otherwise has access to the Protected Health Information outside of the United States. (h) Availability of Information. Business Associate agrees to provide access, at the request of Covered Entity, and in the time and manner designated by Covered Entity, to Protected Health Information in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 C.F.R. 164.524. Covered Entity's determination of what constitutes "Protected Health Information" or a "Designated Record Set" shall be final and conclusive. If Business Associate provides copies or summaries of Protected Health Infonnation to an Individual it may impose a reasonable, cost -based fee in accordance with 45 C.F.R. 164.524 (c)(4). 21 (i) Amendment of PHI. Business Associate shall make PHI available to Covered Entity as reasonably required to fulfill Covered Entity's obligations to amend such PHI pursuant to HIPAA and the HIPAA Regulations, including, but not limited to, 45 CFR Section 164.526 and Business Associate shall, as directed by Covered Entity, incorporate any amendments to PHI into copies of such PHI maintained by Business Associate. (j) Internal Practices. Business Associate agrees to make (i) internal practices, books, and records, including policies and procedures, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity, and (ii) policies, procedures, and documentation relating to the safeguarding of Electronic Protected Health Information available to Covered Entity, or at the request of the Covered Entity to the Secretary, in a time and manner designated by Covered Entity or the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy and Security Rules. (k) Notification of Breach. Beginning on the later of the Effective Date of this Agreement, Business Associate agrees to report to Covered Entity any potential Security Breach of Unsecured Protected Health Information without unreasonable delay and in no case later than five (5) calendar days after Discovery of a Security Breach. Such notice shall include:(i) the identification of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate, to have been, accessed, acquired, or disclosed; and (h)a brief description of the event; and (iii) the date of the potential Security Breach; and (iv) the date of discovery; and (v) the type of Protected Health Information involved; and (vi) any preliminary steps taken to mitigate the damage; and (vii) a description of any investigatory steps taken. In addition, Business Associate shall provide any additional information reasonably requested by Covered Entity for purposes of investigating the Security Breach. Business Associate's notification of a Security Breach under this section shall comply in all respects with each applicable provision of Section 13400 of Subtitle DPrivacy) of ARRA and related guidance issued by the Secretary from time to time. Breach notifications must be reported to Covered Entity by one of the following methods: By Mail: Patricia Lewandowski, Privacy Officer of the City of Delray Beach 100 NW 1" Ave Delray Beach, Florida 33444 By Phone: (561) 243-7154 By email: lewando-,vsk@mydetraybeach.com (1) In addition to the foregoing, Business Associate agrees that in the event of a security incident, Covered Entity shall have the sole right to determine: (i) whether notice is to be provided to any individuals, regulators, law enforcement agencies, consumer reporting agencies, media outlets and/or HHS, or others as required by law or regulation, or in Covered Entity's discretion; and (ii) the contents of such notice, whether any type of remediation may be offered to affected persons, and the nature and extent of any such remediation. Any such notice or remediation shall be at Business Associate's sole cost and expense. (m) Business Associate agrees to document such disclosures of Protected Health Information as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. 164.528. 22 (n) Business Associate agrees to provide to Covered Entity, in the time and manner designated by Covered Entity, the information collected in accordance with Section 2(k) of this Agreement, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. 164.528. In addition, with respect to information contained in an Electronic Health Record, Business Associate shall document, and maintain such documentation for three (3) years from date of disclosure, such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of information contained in an Electronic Health Record, as required by Section 13405(c) of Subtitle D (Privacy) of ARRA and related regulations issued by the Secretary from time to time. (o) Business Associate acknowledges that it shall request from Covered Entity and so disclose to its affiliates, agents and subcontractors or other third parties: (i) the information contained in a "limited data set," as such term is defined at 45 C.F.R. 164.514(e)(2); or, (ii) if needed by Business Associate, to the irir,imum necessary to accomplish the intended purpose of such requests or disclosures. In all cases, Business Associate shall request and disclose Protected Health Information only in a manner that is consistent with guidance issued by the Secretary from time to time (p) With respect to Electronic Protected Health Information, Business Associate shall implement and comply with (and ensure that its subcontractors implement and comply with) the administrative safeguards set forth at 45 C.F.R. 164.308, the physical safeguards set forth at 45 C.F.R. 310, the technical safeguards set forth at 45 C.F.R. 164.312, and the policies and procedures set forth at 45 C.F.R. 164.316 to reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity. Business Associate acknowledges that on the Effective Date of this Agreement: (i) the foregoing safeguard, policies and procedures requirements shall apply to Business Associate in the same manner that such requirements apply to Covered Entity; and (ii) Business Associate shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. 1320d-5 and 1320d-6, as amended from time to time, for failure to comply with the safeguard, policies and procedures requirements and any guidance issued by the Secretary from time to time with respect to such requirements. (q) With respect to Electronic Protected Health Information, Business Associate shall ensure that any agent, including a subcontractor, to whom it provides Electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it. (r) Business Associate shall report to Covered Entity any Security Incident of which it becomes aware. For purposes of reporting to Covered Entity, any attempted unsuccessful Security Incident means any attempted unauthorized access that prompts Business Associate to investigate the attempt or review or change its current security measures. (s) If Business Associate conducts any Standard Transactions on behalf of Covered Entity, Business Associate shall comply with the applicable requirements of 45 C.F.R. farts 160-162. (t) During the term of this Agreement, Business Associate may be asked to complete a security survey and/or attestation document designed to assist Covered Entity in understanding and documenting Business Associate's security procedures and compliance with the requirements contained herein_ Business Associate's failure to complete either of these documents within the reasonable timeframe specified by Covered Entity shall constitute a material breach of this Agreement. 23 (u) Business Associate acknowledges that on the Effective Date of this Agreement, it shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. 1320d-5 and 13204--6, as amended from time to time, for failure to comply with any of the use and disclosure requirements of this Agreement and any guidance issued by the Secretary from time to time with respect to such use and disclosure requirements. 3. Obligations of Covered Entity. (a) Covered Entity will use appropriate safeguards to maintain the confidentiality, privacy and security of Protected Health Information in transmitting same to Business Associate pursuant to the Arrangement and this Agreement. (b) Covered Entity shall notify Business Associate of any limitation(s) in Covered Entity's notice of privacy practices that Covered Entity produces in accordance with 45 C.F.R. 164.520 (as well as any changes to that notice), to the extent that such limitation(s) may affect Business Associate's use or disclosure of Protected Health Information. (c) Covered Entity shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes affect Business Associate's use or disclosure of Protected Health Information_ (d) Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 C.F.R. 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. 4. Audits, Inspection and Enforcement. From time to time upon reasonable advance notice, or upon a reasonable determination by Covered Entity that Business Associate has potentially or actually breached this. Agreement, Covered Entity may inspect the facilities, systems, boobs, procedures and records of Business Associate to monitor compliance with this Agreement. Business Associate shall promptly remedy any violation of any term of this Agreement and shall certify the same to Covered Entity in writing. To the extent that Covered Entity determines that such examination is necessary to comply with Covered Entity's legal obligations pursuant to HIPAA relating to certification of its security practices, Covered Entity or its authorized agents or contractors, may, at Covered Entity's expense, examine Business Associate's facilities, systems, procedures and records as may be necessary for such agents or contractors to certify to Covered Entity the extent to which Business Associate's administrative, physical and technical safeguards comply with HIPAA, the HIPAA Regulations or this Agreement. 5. 'Waiver. Waiver, whether expressed or implied, of any breach of any provision of this Agreement shall not be deemed to be a waiver of any other provision or a waiver of any subsequent or continuing breach of the same provision. In addition, waiver of one of the remedies available to either party in the event of a default or breach of this Agreement by the other party, shall not at any time be deemed a waiver of a party's right to elect such remedy(ies) at any subsequent time if a condition of default continues or recurs. 6. Termination (a) Term. The provisions of this Agreement shall take effect on the Agreement's Effective Date and shall terminate when all of the Protected Health Information provided by Covered Entity to Business 24 Associate, or created, maintained, transmitted or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, in accordance with Section 6(c)(2) (b) Termination for Cause. Without limiting the termination rights of the parties pursuant to the Agreement and upon, either party's knowledge of a material breach of this Agreement by the other party, the nonbreaching party shall provide an opportunity for the breaching party, to cure the breach or end the violation, or terminate the Agreement, if the breaching party does not cure the breach or end the violation within the time specified by the non -breaching party, or immediately terminate this Agreement, if, in the non -breaching party's reasonable judgment cure is not possible. (c)Effect of Termination. (1) Except as provided in Section 6(c), upon termination of this Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created, maintained, transmitted or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. (2) In the event the Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that snake return or destruction infeasible. Upon mutual agreement of the parties that return or destruction of Protected Health Information is infeasible, per Section 6(a) above, Business Associate shall continue to extend the protection of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information for so long as Business Associate maintains such Protected Health Information. (d) Judicial or Administrative Procecding�. Either party may terminate the Arrangement, effective immediately, if: (i) the other party is named as a defendant in a criminal proceeding for a violation of HIPAA or (ii) a finding or stipulation that the other party has violated any standard or requirement of HIPAA or other security or privacy laws is made in any administrative or civil proceeding in which the party has been joined. 7. Indemnification. Covered Entity and Business Associate will indemnify, subject to the monetary limits set forth in Florida Statute 768.28 and the Florida Constitution as to the City, hold harmless and defend the other party to this Agreement from and against any and all claims, losses, liabilities, costs and other expenses incurred as a result of, or arising directly or indirectly out of or in connection with: (i) any misrepresentation, breach of warranty or non -fulfillment of any undertaking on the part of the party under this Agreement; and (ii) any claims, demands, awards, judgments, actions and proceedings made by any person or organization arising out of or in any way connected with the party's performance under this Agreement. Nothing contained herein shall be deemed a waiver of the City's Sovereign Immunity. S. Disclaimer. Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement, HIPAA or the HIPAA Regulations will be adequate or satisfactory for Business Associate's own purposes or that any information in Business Associate's possession or control, or transmitted or received by Business Associate, is or will, be secure from unauthorized use or disclosure. Business Associate is solely responsible for all decisions made by Business Associate regarding the safeguarding of PHI. 9. Assistance in Litigation or Administrative Proceedings. Business Associate shall make itself, and any subcontractors, employees or agents assisting Business Associate in the performance of its obligations under 25 the Arrangement, available to Covered Entity, at no cost to Covered Entity, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against Covered Entity, its directors, officers or employees based upon claimed violation of HIPAA, the HIPAA Regulations or other laws relating to security and privacy, except where Business Associate or its contractor, employee or agent is a named adverse party. 10. Costs Recovery. Business Associate, at its own cost and expense shall: • promptly furnish to Covered Entity full details of the breach. For purposes of this section, Breach shall mean any suspected or actual breach of security, intrusion or unauthorized use or disclosure of PHI and/or any actual or suspected use or disclosure of data in violation of any applicable federal or state laws or regulations; • assist and cooperate fully with Covered Entity in Covered Entity's investigation of Business Associate, employees, contractors, sub -contractors, agents or other third parties related to the security incident, including but not limited to providing Covered Entity with physical access to the facilities and operations affected, facilitating interviews with employees and others involved in the matter, and making available all relevant records, logs, fifes, systems and data; • promptly use its best efforts to prevent a recurrence of any such security incident 11.No Third Party Beneficiaries. The parties have not created and do not intend to create by this Agreement any third party rights under this Agreement, including but not liinited to Patients. There are no third party beneficiaries to this Agreement. 12. Receipt of PHI. Business Associate's receipt of Covered Entity Patient's PHI pursuant to the transactions contemplated by the Arrangement shall be deemed to begin on the execution date below, and Business Associate's obligations under this Agreement shall commence with respect to such PHI upon such receipt. 13.Interpretation. The parties agree that any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with HIPAA and the HI -PAA Regulations. 14. Regulatory References. A reference in this Agreement to a section in the Privacy and Security Rules means the section as in effect or as amended. 15. Amendment. Upon the enactment of any law or regulation affecting the use or disclosure of Protected Health Information, the safeguarding of Electronic Protected Health Information, or the publication of any decision of a court of the United States or any state relating to any such law or the publication of any interpretive policy or opinion of any governmental agency charged with the enforcement of any such law or regulation, either party may, by written notice to the other party, amend the Agreement in such manner as such party determines necessary to comply with such law or regulation. If the other party disagrees with such amendment, it shall so notify the first party in writing within thirty (30) days of the notice. If the parties are unable to agree on an amendment within thirty (30) days thereafter, then either of die parties may terminate the Agreement on thirty (30) days written notice to the other party. 16. Survival. The respective rights and obligations of Business Associate under Sections 6(c) and 7 of this Agreement shall survive the termination of this Agreement. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Said venue shall be Palm Beach County. 26 IN \ NESS \VH , ,OF, the parties hereto have duly executed this Agreement to be effective as of the_ day of , 2012. � ATTEST: � , City Clerk Approved as to form: City Attorney City of Delray Beach By: Name: Title: Date:` Concentra Health S,c/rvlces, c. By: �/ 1 •� Name: R�� o t 'F Title: Gu,_ Date: 2013 I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgements, personally appearedc_�'DL��}- 1-12-06' 1 known to me to be the person described in and Cnwho executed the foregoing instrument as Vlc'itrl _ a corporation organized under the laws of the state of L_ . He acknowledges before me that he executed the foregoing instrument as such officer in the name and on behalf of the corporation and that he also affixed thereto the official seal of the corporation. c� � r SWORN TO AND SUBSCRIBED before me this O� ftday of 2013. Notaryis My Commission Expires Page 27 LOFFI IAL ZEAL MEGAN A. GRUBE NOTARY PUBLIC, STATE OF ILLINOIS COMMISSION EXPIRES 10-5-2013 Address for Notice: City of Delray Beach 100 N. W. 151 Avenue Delray Beach, Florida 33444 Attn: City Manager COPY TO: Page 28 Address for Notice: Concentra Health Services, Inc. 5080 Spectrum Drive, Suite 1200 W Tower Addison, Texas 75001 Attn: Legal Department COPY TO Humana Inc. 500 West Main Street Louisville, KY 40202 Attn: Legal Department Schedule V Security Standards 1. Best Practices. a. Client shall adhere to commercially reasonable best practice standards related to information security. b. Client shall secure access to Client offices. c. Client shall provide periodic and mandatory Information Security training and awareness to its permitted employees and permitted subcontractors (collectively "Personnel"). d. Client shall limit access to Information to the minimum necessary dataset required to accomplish the intended purpose or use. 2. Security. a. Client shall develop and maintain a comprehensive Information Security Policy ("Policy"). Said Policy shall be reviewed whenever there is a material change in practices and not less than annually. b. Client shall have a designated employee or group of employees who shall maintain said Policy. c. Client shall monitor their Policy to ensure that the program described therein is operating in a manner reasonably calculated to prevent unauthorized access. 3. Access Control. a. Client shall ensure that passwords are terminated upon the removal of Personnel from provision of the Services for any reason. b. Client shall not permit access to Information via unsecured Wi-Fi IEEE802.1,1x wireless technology or any other unsecured wireless technology. c. Client shall appropriately secure Information or data to prevent any physical access by unauthorized users. d. Client shall control access to Information or data in a manner which prevents any access by unauthorized users. 4. Enterprise Vulnerability Management"E( VM"). a. Client shall adhere to commercially reasonable best practice standards for patch management criticality ranking and patching time frame requirements for all IT systerns, switches, routers, appliances, servers; and workstation PC's. b. Client shall ensure that trusted, commercially available anti-virus software is installed, enabled, and kept current on all Client servers and Personal Computers used in accessing, processing, transmitting, or storing, Information. c. Client shall implement trusted commercially available, up-to-date spyware protection on all Client PC's used for accessing, processing, transmitting, or storing Information. 5. Transmission Security. a. Client shall encrypt all data, records and files containing Information that will be transmitted wirelessly or travel across public networks. Page 29 b. Client shall require all transmissions of PHI to be secure and encrypted, including but not limited to: e-mail, web -mail, Blackberry e-mail and other mobile device e-mail, FTP, chat and instant messaging, web services etc. b. Device and Media Control. a. Client shall properly dispose of any storage media containing PHI or Information, including those found in Multi -Function Devices, by purge ("Purge") or destroy ("Destroy") as those terms are defined in the National Institute of 'Standards and Technology ("NIST") Special Publication 800-88, per all standards therein. For purposes of this section, the terms "Multi -Function Devices" means an office machine which incorporates the functionality of multiple devices in one. Examples include a combination of some or all of the following services: printing, scanning, photocopying, faxing, and/or emailing. b. Client shall implement encryption of any built-in or removable storage media in any company controlled PC or other portable device which may access, store, transmit or process Information. Page 30 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-313, Version: 1 TO: Mayor and Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: Noel Pfeffer, City Attorney DATE: December 1, 2015 PROPOSED OFFER OF SETTLEMENT IN THE CASE OF TIMOTHY BELANGER V. CITY OF DELRAY BEACH Recommended Action: Motion to Deny a settlement offer for the reasons discussed in the Confidential Memo previously distributed to the City Commission. Background: This agenda item requests the City Commission to consider an offer of settlement in the amount of $125,000 made by the Plaintiff Timothy Belanger to settle his pending personal injury case against the City. City Attorney Department: Approved as to form and legal sufficiency. City of Delray Beach Page 1 of 1 Printed on 11/24/2015 powered by LegistarT" nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-238, Version: 1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CITY DEMOLITIONS OF BLIGHTED AND UNSAFE STRUCTURES Recommended Action: Motion to Approve an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) in the amount of $50,000.00 for funding City demolitions of blighted and unsafe structures located in the CRA District for Fiscal Year 2015-2016. Background: During the FY 2015-16 budget review process, the City and CRA staff discussed the number of blighted structures that have either been cited by the Code Enforcement Division or posted as an unsafe structure by the Chief Building Official. The structures are mostly single family and duplex structures located within the CRA District in the Northwest and Southwest neighborhoods. However, the City indicated that each fiscal year there are inadequate funds to demolish the structures. The City's Community Improvement Department requested $50,000 for funding the demolition of blighted and unsafe structures within the CRA District for FY 2015-16 for the following addresses: 101 NW 10th Avenue (single Family dwelling), 214 SW 10th Avenue (single family dwellling), and 126 NW 2nd Avenue (3 structures owned by the City). The demolitions will be administered by the Code Enforcement Division and coordinated through the Chief Building Official. The CRA shall make payments to the City within 45 days of the receipt of an invoice from the City, which is associated with the demolition of a structure declared to be unsafe by the City's Chief Building Official and located within the Community Redevelopment Area. The term of the Agreement is for one year, expiring on September 30, 2016. Since this is the first year of this funding, the CRA will evaluate the Agreement prior to the end of the fiscal year to determine if any changes are necessary and report its findings back to the City. The CRA's Attorney prepared the Agreement, which was approved by the CRA Board at its meeting of October 15, 2015. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 1 of 2 Printed on 11/24/2015 powered by LegistarT"^ File M 15-238, Version: 1 Finance Department Review: Finance recommends approval Timing of Request: The execution of the Interlocal Agreement is time -sensitive and should be executed as quickly as possible for the City to obtain the funds. City of Delray Beach Page 2 of 2 Printed on 11/24/2015 powered by LegistarT" INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY This Interlocal Agreement (hereinafter "Agreement") is made the day of 2015, between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter "CITY") and DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Charter 163, Part III, of the Florida Statutes (hereafter "CRA"). WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that would harmonize geographic, economic, population and other factors influencing the needs and developments of local communities; and WHEREAS, pursuant to the provisions of the Florida Building Code, the City's building inspectors inspect certain structures located within the City and to determine if the structures are unsafe; and WHEREAS, if the structures are determined to be unsafe, the City will notify the owners of the structures and advise them that the City will demolish the structure unless the owner remedies the structural deficiencies, WHEREAS, in the event the owners fail to make the repairs as required by the Chief Building Official, the City will formally notify the owners that in the interest of public safety it was necessary to demolish the structures; and WHEREAS, the structures to be demolished shall be within the CRA's Community Redevelopment Area; and WHEREAS, the CRA desires to provide the City with an amount not to (00095157,1 655-6660160 � exceed Fifty Thousand and 001100 Dollars ($50,000.00) to pay for the costs necessary to demolish the structures, and WHEREAS, this Agreement serves both a municipal and public purpose, is consistent with and furthers the CRA's Redevelopment Plan, and is consistent with the requirements of Chapter 163, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows - 1. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. 2. In consideration of the City demolishing structures within the Community Redevelopment Area, the CRA agrees to pay the City an amount not to exceed of Fifty Thousand and 001100 Dollars ($50,000.00). The CRA shall make payments to the City within 45 days of the receipt of an invoice from the City which is associated with the demolition of a structure declared to be unsafe by the City's Chief Building Official, and located within the Community Redevelopment Area. 3. The term of this Agreement shall commence upon execution by both parties and shall terminate on September 30, 2016. 4. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs or other advertising materials used to publicize CRA funded activities must be approved by the CRA prior to being utilized. Upon 1000951 S7. E 655-0600150 2 request by the CRA, the CITY shall provide proof of the use of the CRA logo as required by this paragraph. 5, This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(1`!) of the Florida Statutes, 6. PUBLIC RECORDS. CITY is a public agency subject to Chapter 119, Fla. Stat. the CRA shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CRA agrees to: 6.1 Keep and maintain all records that ordinarily and necessarily would be required by the CITY. 6.2 Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. 6.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 6A Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the CRA 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 { aoo9s i 57. i Ess-obao i ao } 3 transferred to the CITY prior to final payment being made to the CRA. 6.6 If CRA 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. 7. INSPECTOR GENERAL. GRA is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from the CRA, and its sub licensees and lower tier sub licensees. The CRA understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the CRA or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 8. Governing Law. Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, 'Florida. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof, 10. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement (04095157.1 555-Q6COISO 4 shall be in writing and executed by the parties. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. City Clerk. ATTEST: City Clerk This Agreement shall not be valid until signed by the Mayor and the Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA Cary Glickstein, Mayor ATTEST: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Jeff e astello, Executive Director Re ina[d A. x, Chair (S EAL) STATE OF FLORIDA COUNTY OF PALM BEACH T e foregoing instrument was a F11owledged b for me this day of 2015, by as (name of officer o gent, title of o icer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. She is Personally known to me or has produced (type of identification) as identification. '�'.°.p Susan B. Shaw z - C.omm1gdon # FF 07436$ Expires: Nov 13, 2017 4 (00095157.1 655-060Q ISO Notary Public — State of Florida 61 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-299, Version: 1 TO: Mayor and Commissioners FROM: Noel Pfeffer, City Attorney DATE: December 1, 2015 RESOLUTION NO. 77-15: TRAFFIC IMPACT FEE Recommended Action: Motion to adopt a Resolution urging the Palm Beach County Commission to amend its Road Impact Fee Ordinance to allow fees to be used for additional infrastructure needs and multimodal transportation. Background: Traffic impact fees for Delray Beach are assessed pursuant to the Palm Beach County Traffic Impact Fee Ordinance. This County ordinance contains restrictions on the permissible expenditures of road impact fees. Currently road impact fees may only be expended for new development and construction, right-of-way acquisition, and traffic signalization. Funds may not be used to address existing deficiencies. The attached Resolution urges the Palm Beach County Commission to amend the current ordinance and to recognize the broader range of infrastructure and mobility improvements that should be eligible for payment from road impact fees. Dense urban areas such as Delray Beach function differently than less developed western portions of Palm Beach County and therefore have different infrastructure needs. The County ordinance should be amended to allow road impact fees to be used for infrastructure needs such as road repair, resurfacing, and replacement. In addition, road impact fees should also be available for a broader range of multimodal transportation infrastructure and streetscape improvements. Finally, Zone 5 (see map attached) of the Palm Beach County Road Impact Fee Zones, which zone includes Delray Beach, has a substantial imbalance between the amount of road impact fees revenues generated and the County expenditures within the zone. The attached Resolution urges the Palm Beach County Commission to reevaluate and amend its current road impact fee ordinance to address the concerns outlined above. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 1 of 2 Printed on 11/23/2015 powered by LegistarT"^ File M 15-299, Version: 1 City of Delray Beach Page 2 of 2 Printed on 11/23/2015 powered by LegistarT" RESOLUTION NO. 77-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO AMEND ITS ROAD IMPACT FEE ORDINANCES TO ELIMINATE CERTAIN LIMITATIONS ON EXPENDITURES OF ROAD IMPACT FEES AND TO AUTHORIZE ROAD IMPACT FEES TO BE SPENT ON MULTIMODAL TRANSPORTATION INFRASTRUCTURE, STREETSCAPE IMPROVEMENTS (INCLUDING REPAIR, RESURFACING, AND REPLACEMENT) AND OTHER MODES OF MOBILITY WITHIN THE IMPACT FEE ZONE WHERE THE FUNDS ARE COLLECTED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, impact fees represent funds collected from property owners in connection with land development based on their added effect and impact on public services and infrastructure, and; WHEREAS, the City's Land Development Regulations currently provide that Delray Beach traffic impact fees shall be assessed pursuant to the Palm Beach County Traffic Impact Fee Ordinance, and; WHEREAS, the Palm Beach County Unified Land Development Code ("Code") provides in Article 13, Chapter A, Section 1A, that funds collected from impact fees shall not be used to replace existing capital facilities or to fund existing deficiencies, but only to provide for new capital facilities which are necessitated by new development, and; WHEREAS, Article 13, Chapter A, Section 9C of the Code provides that impact fees shall benefit new development and shall only be used for capital facility costs for which the impact fees are levied, and which add capacity needed to serve new development, and; WHEREAS, Article 13, Chapter H, Section 4 of the Code provides that road impact fees collected shall be used solely for new development and construction, right-of-way acquisition, and traffic signalization, and; WHEREAS, the application of current Palm Beach County policies and ordinances have resulted in road impact fee revenues generated within Zone 5 in Southern Palm Beach County, the zone in which Delray Beach is located, which far exceed expenditures made by the County within said Zone, and; WHEREAS, during the period between 2003 — 2014 revenues versus expenditures in Zone 5 per square mile of land was $530,000 versus $295,000 respectively, and; WHEREAS, dense eastern urban areas function differently than western portions of Palm Beach County and therefore have different infrastructure needs (e.g. road repair, resurfacing, and replacement) and require different types of multimodal infrastructure and transportation improvements, and; WHEREAS, existing County ordinances and County policies must be reevaluated to allow road impact fees generated within a Zone to be spent on broader range of multimodal transportation infrastructure, streetscape improvements (including road repair, resurfacing, and replacement), and other modes of mobility within the respective zone, and; WHEREAS, the Delray Beach City Commission urges Palm Beach County to recognize the varying infrastructure needs of the eastern urban areas of the County and to reevaluate and update its road impact ordinances and policies to expand the approved uses for road impact fees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The above recitals are true and correct and incorporated into the findings of this Resolution as if set forth in full herein. Section 2. That the dense urban areas of Eastern Palm Beach County operate and function differently than the undeveloped western portions of the County and that Cities such as Delray Beach have legitimate and pressing needs for transportation infrastructure improvements that should be eligible for road impact fee funds. Section 3. That the current Palm Beach County road impact ordinances and policies are unfair in their application, out of date, fail to recognize the transportation infrastructure needs of urban areas, and contain unreasonable limitations on the expenditure of road impact fees. Section 4. That the City of Delray Beach requests and urges the Palm Beach County Commission to amend its road impact fee ordinances to eliminate existing unfair limitations and allow for the expenditure of road impact fees for transportation infrastructure improvements, streetscape improvements, and other modes of transportation mobility. Section 5. That the Palm Beach County Commission amend its road impact fee ordinances and policies to address the substantial imbalance which currently exists between the amount of road impact fee revenues generated within Zone 5 and expenditures made within said Zone. Section 6. That this Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this day of , 2015. MAYOR ATTEST: City Clerk Res No. 77-15 S, L0XAHATCH1i'bROVESRnvAi JU L-�" PALM BEACH I WEST IPALM B ROAD IMPACT FEE ZONES Municipal Boundaries C= 1 E—U 4 ®2 i=5 01 1 Dab Apdl4,=, Eisele: ..M...L-d Page 66 COLONY SHORES BEACH I I eLw. Planning, Zoning and Building Department MOD N. Jog Road VVffltPakn8emtL FL33411 (B51) 233-5000 PzbmaPQPbcmv.org WNW.PbC9ov.4onYpzb nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-308, Version: 1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 ORDINANCE NO. 33-15 (SECOND READING) Recommended Action: Motion to Approve on second reading Ordinance No. 33-15, Amending Chapter 32, "Departments, Boards and Commissions", by amending Section 32.62, "Composition; Appointment Terms", deleting the requirements of the Appointment to the First Board by amending Section 32.64, "Qualifications of Members", to add Section (D), by amending Section 32.65, "Duties and Responsibilities", to add Section (E), to complete a "Police Ride -A -Long" and by amending Section 32.66, "Meetings", to provide for Board Meetings every other month. Background: This ordinance is before Commission for second reading.to consider an amendment to Chapter 32, "Departments, Boards and Commissions" by amending Section 32.62, "Composition; Appointment Terms", deleting the requirements of the Appointment to the First Board by amending Section 32.64, "Qualifications of Members" to Add Section (D), by amending Section 32.65, "Duties and Responsibilities" to add Section (E) to complete a "Police Ride -A -Long" and by amending Section 32.66, "Meetings", to provide for Board Meetings every other month. City Attorney Review: Ordinance No. 33-15 was advertised in the Sun Sentinel newpaper on November 20, 2015. City of Delray Beach Page 1 of 1 Printed on 11/24/2015 powered by LegistarT"^ nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-148, Version: 1 TO: Mayor and Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Donald B. Cooper, City Manager DATE: November 17, 2015 ORDINANCE NO. 33-15: POLICE ADVISORY BOARDS (FIRST READING) Recommend Action: Motion to Approve Ordinance No. 33-15, Amending Chapter 32, "Departments, Boards and Commissions" by amending Section 32.62, "Composition; Appointment Terms", deleting the requirements of the Appointment to the First Board by amending Section 32.64, "Qualifications of Members" to Add Section (D), by amending Section 32.65, "Duties and Responsibilities" to add Section (E) to complete a "Police Ride -A -Long" and by amending Section 32.66, "Meetings", to provide for Board Meetings every other month. If passed, a Public Hearing will be held on December 1, 2015. Background: This is an ordinance amending Ordinance 21-10 Police Advisory Board. Currently the Police Advisory Board has quarterly meetings. The proposed ordinance would require the Board to meet every other month to allow for more of a continuous flow of ideas. As to the qualification of Board Members, the proposed ordinance would require staff to endeavor to solicit members from different areas of the community to allow for a more diverse cross section of our community. Further, the proposed ordinance would require prospective members to have an interest in police policy, operations and community relations with the Police Department. Once Board Members have been appointed by the Commission, the proposed ordinance would require the new member to complete a police ride -a -long to allow a member to see and understand the day to day operations of police officers. The proposed ordinance will also delete any verbiage on developing the first Board appointments and terms as the Board has been operating continuously since 2005. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Not applicable. City of Delray Beach Page 1 of 1 Printed on 11/13/2015 powered by LegistarT"^ ORDINANCE NO. 33-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS BY AMENDING SECTION 32.62 "COMPOSITION; APPOINTMENT; TERMS DELETING THE REQUIREMENTS OF THE APPOINTMENT TO THE FIRST BOARD BY AMENDING SECTION 32.64 "QUALIFICATIONS OF MEMBERS" TO ADD SECTION (D) BY AMENDING SECTION 32.65 DUTIES AND RESPONSIBILITIES TO ADD SECTION (E) TO COMPLETE A POLICE RIDE -A -LONG AND BY AMENDING SECTION 32.66, "MEETINGS", TO PROVIDE FOR BOARD MEETINGS EVERY OTHER MONTH, PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the Police Advisory Board has determined that it is more advantageous to meet every other month; WHEREAS, the Police Advisory Board has determined that sitting members should have an interest in Police operations and policy and community relations with the Police Department, NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards and Commissions" Section 32.62 "Composition; Appointment; Terms" is amended to read as follows: The Police Advisory Board shall be composed of thirteen (13) regular members. 'iie first Baitrd , The City Commission shall fill vacancies in accordance with City Policies and Procedures. The thirteen (13) regular members shall be appointed by the City Commission for terms of two (2) years. emeept that the members of the first Baai!d to serve sh&R be appointed so that seven (7) inetnbets shaR serve fat flitee yepg fetms and six (6) membets sh-14 serve two yeaf ter -fns. Their stteee8ser-s shA be app&iitted fet two yeat terms., It is further provided that no member may serve more than two (2) successive terms on this Board. Section 2. That Chapter 32, "Departments, Boards and Commissions" Section 32.64 "Qualifications of Members" is amended to read as follows: (A) The Police Advisory Board membership shall include a diverse cross-section of the community- and staff shall endeavor to solicit members from community ou s representing diverse interests in the community. (B) The membership shall include business owners, religious and faith -based organizations, youth, school officials and local organizations, where feasible, (C) The City Commission shall endeavor to include as many racial and ethnic minority members as possible. JD Members shall have an interest in Police 12oligy and operations as well as communiy relations with the Police Department. Section 3. That Chapter 32, "Departments, Boards and Commissions" Section 32.65 "Duties and Responsibilities" is amended to read as follows: (A) Serve as liaison between the Police Department and the community, and the City to increase communication between the Police Department and the City; (B) To assist the Police Chief and District Commanders, through input, in making quality decisions; to assist in the addressing of short-term and long-term concerns of the community and help identify priorities and solutions; (C) To provide input on police policies, procedures and practices designed to decrease misunderstandings with and among the members of the community; and (D) To review and make recommendations concerning such other matters as may be referred to the board, from time to time, by the Chief of Police, the City Manager or City Commission; X To com Tete a Police ride-a-longWon appointment to the Board. Section 4. That Chapter 32, "Departments, Boards and Commissions", Section 32.66, "Meetings". is amended to read as follows: Sec. 32.66 MEETINGS (A) The Police Advisory Board shall meet at least once efdatt every other month on the second Monday in of the month except when that date falls on a holiday. In that circumstance, the Board shall establish another regular meeting date for that quarto month. The Police Advisory Board may hold special meetings at the direction of its chairperson upon twenty-four (24) hours' notice. (B) All meetings shall be open to the public and the order of business and procedure shall be as prescribed by the rules and regulations to be formulated by the Police Advisory Board and adopted by the City Commission. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective upon its passage on second and final reading. V. PASSED AND ADOPTED in regular session on second and final reading on this the day of _ _ 2049 2015. ATTEST: City Clerk First Reading _ Second Reading 3 MAYOR nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-300, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning and Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 RESOLUTION NO. 78-15 TO DESIGNATE 1475 SW 4T" AVENUE AS A BROWNFIELD AREA (FIRST PUBLIC HEARING) Recommended Action: Motion to approve the First Public Hearing of Resolution 78 -15 to designate 1475 SW 4th Avenue as a Brownfield area pursuant to Chapter 376, Florida Statutes, and schedule the Second Public Hearing of Resolution 78 -15 for the meeting of December 8, 2015. Background: A request from Brookstone Partners, LLC was submitted for the designation of 1475 SW 4th Avenue as a Brownfield area. The designation request is a result of environmental assessments which have documented contamination from the prior industrial use on the site, fka Waste Management. Pursuant to Chapter 376.80(2)(c), Florida Statutes, for designation of a brownfield area that is proposed by a person other than the local government, the local government with jurisdiction over the proposed Brownfield area shall provide notice and adopt a resolution to designate the brownfield area pursuant to paragraph (1)(c) if, at the public hearing to adopt the resolution, the person establishes all of the following: 1. A person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield site. Brookstone currently controls the property via an executed Purchase Agreement with the property owner, Waste Management, Inc., and has agreed to redevelop the site. 2. The rehabilitation and redevelopment of the proposed brownfield site will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfield site that are full-time equivalent positions not associated with the implementation of the brownfield site rehabilitation agreement and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed brownfield site or area. However, the job creation requirement does not apply to the rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defined in s.420.0004 or the creation of recreational areas, conservation areas, or parks. Brookstone has submitted that it "will employ no less than five new permanent jobs" which will be full-time and not associated with the rehabilitation or redevelopment of the site. The redevelopment of the site, however, is anticipated to support over 100 temporary construction jobs City of Delray Beach Page 1 of 2 Printed on 11/23/2015 powered by LegistarT"^ File M 15-300, Version: 1 which is noted as having a positive economic impact on the local economy. 3. The redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permitted use under the applicable local land development regulations. Brookstone has stated that the redevelopment of the site will consist of a mix of industrial uses "suitable for the location." The subject property is located within the Industrial (1) zoning district, and any proposed redevelopment of the site will require compliance with the applicable Land Development Regulations, as well as consistency with the Goals, Policies, and Objectives of the Comprehensive Plan. 4. Notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated pursuant to paragraph (1)(c), and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subparagraph must be posted in the affected area. In accordance with the Public Notice requirements of Chapter 376.80(2)(c)(4) and 376.80(1)(c) (4)(b), Public Notice has been provided by Brookstone Partners, LLC, as follows: * A community meeting was held at the Delray Beach Public Library on October 14, 2015 from 5:30pm to 7:30pm for the purpose of public comments and suggestions regarding the Brownfield designation, future development potential, an advertisement of public hearings to be held by the City. The meeting notice was published in the Sun Sentinel, on Craigslist, and on-site. In addition to the notice provided by Brookstone Partners, LLC, additional notice was published by the City in the Sun Sentinel on Friday, November 20, 2015 for the purpose of advertising the First Reading/Public Hearing of the Brownfield designation request. The Second Reading/Public Hearing will be published similarly on Tuesday, November 24, 2015. 5. The person proposing the area for designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment of the brownfield site. Brookstone Partners, LLC hasubmitteded that it "has the necessary capital to fund the budget for and then construct the Project." The submitted request letter along with the "Eligibility Statement" is attached with additional exhibits including the Florida Statute 376.80, Purchase Agreement and Public Notices. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: The applicant has requested that the designation be complete before the end of the year. City of Delray Beach Page 2 of 2 Printed on 11/23/2015 powered by LegistarT"^ RESOLUTION NO. 78 - 15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING FINDINGS; DESIGNATING AS A BROWNFIELD AREA WITHIN THE CITY OF DELRAY BEACH, FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION AND ECONOMIC DEVELOPMENT, THE PROPERTY LOCATED AT 1475 SW 4TH AVENUE, DELRAY BEACH, PALM BEACH COUNTY, FL, APPROXIMATELY 2.7 ACRES, AS A BROWNFIELD AREA PURSUANT TO SECTION 376.80(2)(C), FLORIDA STATUTES, FOR THE PURPOSE OF REHABILITATION, JOB CREATION AND PROMOTING ECONOMIC REDEVELOPMENT; AUTHORIZING THE CITY OF DELRAY BEACH TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID DESIGNATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida has provided, in � 97-277, Laws of Florida, which is codified at � 376.77 — � 376.86, Florida Statutes, for designation of a "brownfields area" by resolution at the request of the person who owns or controls the real estate parcel, to provide for their environmental remediation and redevelopment and to promote economic development and revitalization generally; and WHEREAS, Brookstone Partners, LLC, controls the identified property located at 1475 SW 4"' Avenue, Delray Beach, Palm Beach County, FL (hereinafter the "Delray Beach Area"), as depicted in Exhibit A and more particularly described in Exhibit B and is redeveloping it for a mix of industrial uses; and WHEREAS, Brookstone Partners, LLC, has requested that the City Commission of the City of Delray Beach, Florida designate the Delray Beach Area as a "brownfield area" pursuant to 376.80(2)(c), Florida Statutes; and WHEREAS, the City has reviewed the relevant criteria that apply in designating a "brownfield area," as specified in � 376.80(2)(c), Florida Statutes, and has determined and finds that the Delray Beach Area qualifies for designation as a "brownfield area" because the following requirements have been satisfied: 1. Brookstone Partners, LLC, controls the real estate parcel which is proposed for designation and has agreed to rehabilitate and redevelop it; 2. The rehabilitation and redevelopment of the Delray Beach Area will result in economic productivity in the area, along with the creation of at least five (5) new permanent jobs at the brownfield site that are full-time equivalent positions not associated with the implementation of the brownfield site rehabilitation agreement 1 Res No. 78-15 and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed brownfield site or area; 3. The redevelopment of the Delray Beach Area is consistent with the City's Comprehensive Plan and is a permittable use under the City's Code of Ordinances; 4. Proper notice of the proposed rehabilitation of the Delray Beach Area has been provided to neighbors and nearby residents, and Brookstone Partners, LLC, has provided those receiving notice the opportunity to provide comments and suggestions regarding the rehabilitation; and 5. Brookstone Partners, LLC, has provided reasonable assurance that it has sufficient financial resources to implement and complete a rehabilitation agreement and redevelopment plan; and WHEREAS, the City desires to notify the Florida Department of Environmental Protection of its resolution designating the Delray Beach Area a "brownfield area" to further its rehabilitation and redevelopment for purposes of � 376.77 — � 376.86, Florida Statues; and WHEREAS, the applicable procedures set forth in § 376.80 and � 166.041, Florida Statutes, have been followed and proper notice has been provided in accordance with � 376.80 and 166.041(3)(c)2, Florida Statutes; and WHEREAS, such designation shall not render the City liable for costs or site remediation, rehabilitation and economic development or source removal, as those terms are defined in Section 376.79 (17) and (18), Florida Statutes, or for any other costs, above and beyond those costs attributed to the adoption of this Resolution; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: SECTION 1: 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, Florida finds that Brookstone Partners, LLC, has satisfied the criteria set forth in � 376.80(2)(c), Florida Statutes. SECTION 3: The City Commission of the City of Delray Beach, Florida designates the area depicted on Exhibit A and described on Exhibit B, attached hereto and incorporated herein by reference, as a "brownfield area" for purposes of � 376.77 — 5 376.86, Florida Statutes. SECTION 4: The City Clerk is hereby authorized to notify the Florida Department of Environmental Protection of the City Commission's resolution designating the Delray Beach Area a "brownfield area" for purposes of � 376.77 — � 376.86, Florida Statutes. SECTION 5: This Resolution shall become effective immediately upon adoption. 2 Res No. 78-15 PASSED AND ADOPTED in regular session on this the day of 2015. ATTEST: CITY CLERK MAYOR Res No. 78-15 THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A. Transactions, Due Diligence, Development, Brozvnfields, Cleanups dam' Compliance One Southeast Third Avenue, Suite 2120 Miami, Florida 33131 Telephone: (305) 777-1680 Facsimile: (305) 777-1681 www.goldsteinenvlaw.com Michael R. Goldstein, Esq. Direct Dial: (305) 777-1682 Email: mgoldsteinggoldsteinenvlaw.com October 16, 2015 Via Email & FedEx Mr. Donald Cooper, City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, Florida 33444 Re: Request for Designation of the Property Located at 1475 SW 4th Avenue, Delray Beach, Palm Beach County, Florida, as a Brownfield Area Pursuant to §376.80(2)(c), Florida Statutes Dear Mr. Cooper: On behalf of Brookstone Partners, LLC (`Brookstone"), we are pleased to submit this Request for Designation of the property located at 1475 SW 4"' Avenue, Delray Beach, Palm Beach County, Florida ("Subject Property") as a Brownfield Area (the "Letter Request") pursuant to Chapter 376.80(2)(c), Florida Statutes. When fully redeveloped, the Subject Property is anticipated to include a mix of industrial uses appropriate for the site and location. A legal description and site map depicting the location of the Subject Property are enclosed herein at Exhibit A. Brookstone is applying for the brownfield designation due to the fact that environmental assessment activities to date have documented contamination from former industrial use at the Subject Property. This has required, and will continue to require, that Brookstone incur significant time and expense for technical, engineering, and legal consultants in order to properly conduct environmental assessment and remediation. The designation has thus become a key part of this ambitious project's ultimate viability by enabling Brookstone to access certain regulatory and economic incentives to mitigate and manage the risk and expense associated with the discovery of contamination and the necessary response. {00011294.DOCX. 11 Mr. Donald Cooper, City Manager October 16, 2015 Page 2 In considering a request for designation of a brownfield area, a local government must evaluate and apply the criteria set forth in Chapter 376.80(2)(c), Florida Statutes. As reflected in the Statement of Eligibility incorporated herein at Exhibit B, Brookstone meets such statutory criteria. Accordingly, based on the foregoing, we respectfully request that the staff favorably review this Letter Request and recommend it for approval to the Delray Beach City Commission. Of course, as you evaluate the application and supporting materials, please feel free to contact us should you have any questions or require further information. Thank you. Very truly yours, THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A. Michael R. Goldstein /mrg Enclosures cc: Mr. Timothy R. Stillings, Director of Planning and Zoning, City of Delray Beach Noel M. Pfeffer, Esq., City Attorney, City of Delray Beach David S. Vanlandingham, P.E., Engineer IV, Brownfields Coordinator, Broward County Environmental Protection and Growth Management Department, Pollution Prevention Division Brookstone Partners, LLC 100011294. DOCX. 11 Exhibit A Legal Description for the Delray Beach Brownfield Area Property Located at 1475 SW 4t" Avenue, Delray Beach, FL SUB OF SEC 20-46-43 WLY 110.14 FT OF E Y2 OF TR 15 & SUB OF SEC 20-46-43, S 250 FT OF E 642.39 FT OF W 667.38 FT (LESS S 150 FT OF W 266.4 FT) OF LT 15 & SUB OF SEC 20-46-43, NLY 209.92 FT OF E Yz OF TR 16 & SUB OF SEC 20-46-43, E 89.88 FT OF W 200 FT OF E Yz OF TR 15 {00011492. DOCX. 11 O o w O O QJ N N � � O y Ln o r a -U P 1O Exhibit 6 Brownfields Designation Eligibility Statement Proposed Delray Beach Brownfield Site Brookstone Partners, LLC (`Brookstone'� proposes to redevelop the property located at 1475 SW 4th Avenue, Delray Beach, Palm Beach County, FL (the "Subject Property' for industrial use (the "Project', and meets all five of the applicable brownfield area designation criteria set forth at Section 376.80(2)(c), Florida Statutes,' as demonstrated herein. 1. Agreement to Redevelop the Brownfield Site. As the first requirement for designation, Florida Statutes � 376.80(2)(c)(1) provides that "[a] person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield site." Brookstone satisfies this criterion in that it curnntycontrols the Subject Property by virtue of an executed Purchase Agreement (`PA) with the real property owner, Wlaste Management Inc. of Florida, and has agreed to redevelop and rehabilitate the Subject Property. A copy of the PA evidencing the applicant's control over the Subject Proper y i enclosed atAttachruent B. 2. Economic Productivity. As the second requirement for designation, Florida Statutes 376.80(2)(c)(2) provides that "[t]he rehabilitation and redevelopment of the proposed brownfield site will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfield site that are full-time equivalent positions not associated with the implementation of the rehabilitation agreement or an agreement and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed brownfield site or area. However, the job creation requirement shall not apply to the rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defined in s. 420.0004 or the creation of recreational areas, conservation areas, or parks." Brookstone will employ no less than five new permanent jobs at the brownfield site that are full-time equivalent positions not associated with the implementation of the rehabilitation agreement or an agreement and that are not associated with redevelopment project demolition or construction activities. When the Project is fully developed, it will support over 100 temporary construction jobs for site development and construction, which in turn will likely result in workers spending a percentage of their salaries with local merchants who, in turn, will reinvest locally in their respective businesses, as well as the businesses of other local merchants. Such job creation will result in the payment of significant payroll taxes and salaries and benefit the local economy by increasing the economic productivity of the area. Most significantly, though, the total capital cost of the Project is estimated at approximately $30 million, with a significant portion of that amount being spent on local labor, contractors, consultants, construction and building materials, furnishings, infrastructure improvements, and impactfees. 3. Consistency with Local Comprehensive Plan and Permittable Use Under Local Land Development Regulations. As the third requirement for designation, Florida Statutes 5 376.80(2)(c)(3) provides that "[t]he redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permittable use under the applicable local land development regulations." The applicantproposes to redevelop the Subject Property for a mix of industrial uses suitable for the location. Industrial use i consistent with and allowed by the current honing for the property under the city's Land Use Regulations. See g 4.4.20. A copy of the propery card for the Su ject Property confirming land use i enclosed as Attachment C. Because the contemplated development is consistent with the current and future local comprehensive plans and generally permittable under the applicable local land development regulations, the applicant meets this third criterion. 1 A complete copy of § 376.80, Florida Statutes, can be found as Attachment A to this Eligibility Statement. {00011295.DOC. 1 } 4. Public Notice and Comment. Florida Statutes 5 376.80(2)(c)(4) stipulates that "[n]otice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subsection must be posted in the affected area." Additional notice requirements pertaining to applicants other than a governmental entity can be found at Florida Statutes 5 376.80(1)(c)(4)(b) and consist of publication in a newspaper of general circulation in the area, publication in ethnic newspapers or local community bulletins, and announcement at a scheduled meeting of the local governing body before the actual public hearing. Brookstone has satisfied all applicable notice requirements established by Florida Statutes �376.80(2�(c)(4� and 376.80(1)(c)(4)(b) by publi ping notice of the proposed rehabilitation of the brownfield area in the Sun -Sentinel Neayspaper and in a local community bulletin (Craigslist� and by posting such notice at the Subject Property. All forms of notice occurred on or before October 7, 2015, and contained the following narrative: Representatives for Brookstone Partners, LLC, will hold a community meeting on October 14, 2015, from 5:30 P.M. to 7:30 P.M. for the purpose of affording interested parties the opportunity to provide comments and suggestions about the potential designation of the property located at 1475 SWI 411, Avenue, Pala Beach County, FL, as a brownfield area pursuant to g376.80(2)(C), Florida Statutes, and about development and rehabilitation activities associated with the potential designation, including pubfic hearings to be held by the Delray Beach City Commission to consider the request for designation. The community meeting 2vill be held at the Delray Beach Public Library, 100 Wlest Atlantic Ave., Delray Beach, FL, and is free and open to all members of the public. For more information regarding the community meeting, including directions, or to provide comments and suggestions at any time before or after the meeting date, please contact Michael R. Goldstein. By telephone: (305) 777-1682; by U.S. Mail: The Goldstein Environmental Law Firm, P.A., 1 SE 31d Avenue, Suite 2120, Miami, FL 33131; andl or by email.- m? oldstein(ae goldsteinenvlaw.com. Copies of the published notices are enclosed as Attachment D. 5. Reasonable Financial Assurance. As the fifth requirement for designation, Florida Statutes 376.80(2)(c)(5) provides that "[t]he person proposing the area for designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment plan." Brookstone, satisfies this fifth criterion in that it has the necessary capital to fund the budget for and then construct the Project. An affiliated entity, Cornerstone Group Development, LLC ("Cornerstone'), which has the same principals as Brookstone, has a lengthy record of accomplishment for successfully funding and developing a broad array of multifamily projects. Cornerstone' recognised nationally for its exceptional financial strength and its proven history of sound investment and development. To date, the principals, have developed more than 16,000 affordable housing rental units in sixty communities and another 3,000 market rate rental units in four communities. Approximately 8,500 of the 19,000 developed units are located within the tri -County South Florida region. For example, one of its principals developed both La Perla, a 43 story high-rise on Sunny Isles Beach, and The Vue, a high-rise tower on Fort Lauderdale Beach. In addition, the principals have also developed forgovernmental and financial clients. Such entities include Bank of America Community Development Corporation (Centro Place in Ta)Va, FL) and the Tampa Housing Authority (Gardens at South Bay in Tampa, FL). Based on the forgoing, Brookstone'r principals clearly have the financial resources to implement and complete the rehabilitation agreement and redevelopment plan. {00011295.Doc. 11 z II. Definition of "Brownfield Site" in § 376.79(3), Florida Statutes Although the five enumerated designation criteria do not expressly reference contamination as a specific element that an applicant must demonstrate in order to be eligible for a designation, such a requirement may be inferred by the multiple references to the term "brownfield site" throughout 5 376.80(2)(c), Florida Statutes. 5 376.79(3), Florida Statutes, defines "brownfield site" to mean "... real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination." Section 376.79(3), Florida Statutes, defines "brownfield site" to mean "... real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination." The term "brownfield area" incorporates the term brownfield site" but then adds a procedural element to it, stating that such an area consists of one or more sites that have already been through the designation process successfully. Accordingly, the key aspect of this final level of analysis is whether the property that is the focus of the designation request falls within the definition of a "brownfield site." That is, can it fairly be said that the property in question is subject to either actual or perceived contamination and that such actual or perceived contamination is complicating or may complicate expansion, redevelopment, or reuse? In this instance, as the following analysis will demonstrate, the answer is a resounding yes. The facts here clearly evidence that the Subject Property falls within the definition of the term "brownfield site." Specifically, from the early 1950s through 1980s the Subject Property was operated in part as a concrete batch plant. Following the 1980s, the Subject Property was utilized for solid waste collection vehicle and container maintenance storage. As a result of such uses, site assessment activities have documented petroleum constituent impacts to groundwater and soil at the Subject Property. Remediation will be a lengthy process and will require Brookstone to comply with Chapter 62-780 of the Florida Administrative Code during site development activities to ensure proper management and disposal of impacted media. The presence of actual contamination has significantly complicated redevelopment and reuse by (i) making it materially more expensive and time consuming to move forward with the Project; (ii) imposing a host of design and construction changes on the Project that would not be required but for the presence of actual contamination; and (iii) increasing Brookstone's exposure to environmental and regulatory liability with respect to the Project. • Added Expense and Schedule Delays. Brookstone has been incurring and will continue to incur significant expenses in assessment, remediation, legal, construction, and health & safety related costs to address onsite groundwater and soil contamination conditions. These are costs that would not be incurred but for the contamination that has been documented at the Subject Property. Moreover, because the Subject Property was formerly used as an industrial site and contamination is present, several additional levels of review and approval have and will continue to be required in order to complete the Project, adding complexity and schedule delays to the Project. • Design Changes. The presence of impacted soil and groundwater, the nature of the contamination, and the risk of exposure to regulatory and third party liability have a material impact on the design and schedule for construction, again adding to the cost and uncertainty related to the Project. Documented groundwater contamination, for example, will require implementation of special design and engineering specifications and application for and compliance with special environmental permitting criteria. Onsite soil contamination will also require special handling and very specific regulatory approvals. In addition, soil management during construction activities will be subject to a level of environmental review and scrutiny that would not otherwise apply to a clean site. This too will add expense to the Project and delay to the schedule for completion. {00011295.DOC. 11 3 Heightened Exposure to Environmental and Regulatory Liability. The investigation and remediation of contamination itself adds one last major level of complexity as it will require close and constant oversight by FDEP. The regulatory process associated with remediation can be lengthy, complicated, uncertain, and without guaranteed end points. Accordingly, Brookstone has no assurance that as it moves forward with the Project the total cost of cleanup will not in fact ultimately exceed what is reasonably projected and exceed $500,000.00. Such uncertainty constitutes an acute form of redevelopment complexity that goes to the heart of the Florida Brownfield Program and underscores why incentives are so important for sites and projects exactly like this one. Based on all the foregoing, the Subject Property clearly falls within the definition of "brownfield site" as set forth in � 376.79(3), Florida Statutes. III. Conclusion Brookstone has demonstrated that it meets the five statutory criteria for designation of the Subject Property as a brownfield area as set forth at 5 376.80(2)(c), Florida Statutes, including the threshold requirement at 5 376.79(4), Florida Statutes, incorporated by reference at � 376.80(2)(c), Florida Statutes, that the property for which the designation is sought meet the definition of a "brownfield site." 100011295.DOC. 1 } Attachment A 2/9/2015 Statutes & Constitution Mew Statutes: Online Sunshine Sutitshine Select Year: r2014 • Go The 2014 Florida Statutes Title XXVIII Chapter 376 View Entire NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Cha ter RECLAMATION, AND USE PREVENTION AND REMOVAL 376.80 Brownfield program administration process.— (1) The following general procedures apply to brownfield designations: (a) The local government with jurisdiction over a proposed brownfield area shall designate such area pursuant to this section. (b) For a brownfield area designation proposed by: 1. The jurisdictional local government, the designation criteria under paragraph (2)(a) apply, except if the local government proposes to designate as a brownfield area a specified redevelopment area as provided in paragraph (2)(b). 2. Any person, other than a governmental entity, including, but not limited to, individuals, corporations, partnerships, limited liability companies, community-based organizations, or not-for-profit corporations, the designation criteria under paragraph (2)(c) apply. (c) Except as otherwise provided, the following provisions apply to all proposed brownfield area designations: 1. Notification to department following adoption.—A local government with jurisdiction over the brownfield area must notify the department, and, if applicable, the local pollution control program under s. 403.182, of its decision to designate a brownfield area for rehabilitation for the purposes of ss. 376.77- 376.86. The notification must include a resolution adopted by the local government body. The local government shall notify the department, and, if applicable, the local pollution control program under s. 403.182, of the designation within 30 days after adoption of the resolution. 2. Resolution adoption.—The brownfield area designation must be carried out by a resolution adopted by the jurisdictional local government, which includes a map adequate to clearly delineate exactly which parcels are to be included in the brownfield area or alternatively a less -detailed map accompanied by a detailed legal description of the brownfield area. For municipalities, the governing body shall adopt the resolution in accordance with the procedures outlined in s. 166.041, except that the procedures for the public hearings on the proposed resolution must be in the form established in s. 166.041(3)(c)2. For counties, the governing body shall adopt the resolution in accordance with the procedures outlined in s. 125.66, except that the procedures for the public hearings on the proposed resolution shall be in the form established in s. 125.66(4)(b). 3. Right to be removed from proposed brownfield area.—If a property owner within the area proposed for designation by the local government requests in writing to have his or her property removed from the proposed designation, the local government shall grant the request. 4. Notice and public hearing requirements for designation of a proposed brownfield area outside a redevelopment area or by a nongovernmental entity. Compliance with the following provisions is required before designation of a proposed brownfield area under paragraph (2)(a) or paragraph (2)(c): http://www.leg.state.fl.us/StatWmfindex.cfm?App mode=Display Statute&Search String=&URL=0300-0399/0376/Secdons/0376.80.htm1 1/6 2/9/2015 Statutes & Constitution Mew Statutes: Online Sunshine a. At least one of the required public hearings shall be conducted as closely as is reasonably practicable to the area to be designated to provide an opportunity for public input on the size of the area, the objectives for rehabilitation, job opportunities and economic developments anticipated, neighborhood residents' considerations, and other relevant local concerns. b. Notice of a public hearing must be made in a newspaper of general circulation in the area, must be made in ethnic newspapers or local community bulletins, must be posted in the affected area, and must be announced at a scheduled meeting of the local governing body before the actual public hearing. (2)(a) Local government -proposed brownfield area designation outside specified redevelopment areas. —If a local government proposes to designate a brownfield area that is outside a community redevelopment area, enterprise zone, empowerment zone, closed military base, or designated brownfield pilot project area, the local government shall provide notice, adopt the resolution, and conduct public hearings pursuant to paragraph (1)(c). At a public hearing to designate the proposed brownfield area, the local government must consider: 1. Whether the brownfield area warrants economic development and has a reasonable potential for such activities; 2. Whether the proposed area to be designated represents a reasonably focused approach and is not overly large in geographic coverage; 3. Whether the area has potential to interest the private sector in participating in rehabilitation; and 4. Whether the area contains sites or parts of sites suitable for limited recreational open space, cultural, or historical preservation purposes. (b) Local government -proposed brownfield area designation within specified redevelopment areas. —Paragraph (a) does not apply to a proposed brownfield area if the local government proposes to designate the brownfield area inside a community redevelopment area, enterprise zone, empowerment zone, closed military base, or designated brownfield pilot project area and the local government complies with paragraph (1)(c). (c) Brownfield area designation proposed by persons other than a governmental entity.—For designation of a brownfield area that is proposed by a person other than the local government, the local government with jurisdiction over the proposed brownfield area shall provide notice and adopt a resolution to designate the brownfield area pursuant to paragraph (1)(c) if, at the public hearing to adopt the resolution, the person establishes all of the following: 1. A person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield site. 2. The rehabilitation and redevelopment of the proposed brownfield site will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfield site that are full-time equivalent positions not associated with the implementation of the brownfield site rehabilitation agreement and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed brownfield site or area. However, the job creation requirement does not apply to the rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defined in s. 420.0004 or the creation of recreational areas, conservation areas, or parks. 3. The redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permittable use under the applicable local land development regulations. 4. Notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated pursuant to paragraph (1)(c), and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions http:/Avww.leg.state.fl.us/Statutesfiindex.cfm?App mode=Display_Statute&Search String=&URL=0300-0399/0376/Sections/0376.80.htm1 216 2/9/2015 Statutes B Constitution :View Statutes: Online Sunshine about rehabilitation. Notice pursuant to this subparagraph must be posted in the affected area. 5. The person proposing the area for designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment of the brownfield site. (d) Negotiation of brownfield site rehabilitation agreement.—The designation of a brownfield area and the identification of a person responsible for brownfield site rehabilitation simply entitles the identified person to negotiate a brownfield site rehabilitation agreement with the department or approved local pollution control program. (3) When there is a person responsible for brownfield site rehabilitation, the local government must notify the department of the identity of that person. If the agency or person who will be responsible for the coordination changes during the approval process specified in subsections (4), (5), and (6), the department or the affected approved local pollution control program must notify the affected local government when the change occurs. (4) Local governments or persons responsible for rehabilitation and redevelopment of brownfield areas must establish an advisory committee or use an existing advisory committee that has formally expressed its intent to address redevelopment of the specific brownfield area for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and environmental justice. Such advisory committee should include residents within or adjacent to the brownfield area, businesses operating within the brownfield area, and others deemed appropriate. The person responsible for brownfield site rehabilitation must notify the advisory committee of the intent to rehabilitate and redevelop the site before executing the brownfield site rehabilitation agreement, and provide the committee with a copy of the draft plan for site rehabilitation which addresses elements required by subsection (5). This includes disclosing potential reuse of the property as well as site rehabilitation activities, if any, to be performed. The advisory committee shall review any proposed redevelopment agreements prepared pursuant to paragraph (5)(i) and provide comments, if appropriate, to the board of the local government with jurisdiction over the brownfield area. The advisory committee must receive a copy of the executed brownfield site rehabilitation agreement. When the person responsible for brownfield site rehabilitation submits a site assessment report or the technical document containing the proposed course of action following site assessment to the department or the local pollution control program for review, the person responsible for brownfield site rehabilitation must hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. (5) The person responsible for brownfield site rehabilitation must enter into a brownfield site rehabilitation agreement with the department or an approved local pollution control program if actual contamination exists at the brownfield site. The brownfield site rehabilitation agreement must include: (a) A brownfield site rehabilitation schedule, including milestones for completion of site rehabilitation tasks and submittal of technical reports and rehabilitation plans as agreed upon by the parties to the agreement. (b) A commitment to conduct site rehabilitation activities under the observation of professional engineers or geologists who are registered in accordance with the requirements of chapter 471 or chapter 492, respectively. Submittals provided by the person responsible for brownfield site rehabilitation must be signed and sealed by a professional engineer registered under chapter 471, or a professional geologist registered under chapter 492, certifying that the submittal and associated work comply with the law and rules of the department and those governing the profession. In addition, upon completion of the approved remedial httpl/www.leg.state.fl.us/Statutesfiiridex.cfm?App mode=Display_WLde&Search String=BURL=0300-039910376/Secbons/0376.80.htm1 316 2/9/2015 Statutes B Constitution :Yew Statues: Online Sunshine action, the department shall require a professional engineer registered under chapter 471 or a professional geologist registered under chapter 492 to certify that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by the department. (c) A commitment to conduct site rehabilitation in accordance with department quality assurance rules. (d) A commitment to conduct site rehabilitation consistent with state, federal, and local laws and consistent with the brownfield site contamination cleanup criteria in s. 376.81, including any applicable requirements for risk-based corrective action. (e) Timeframes for the department's review of technical reports and plans submitted in accordance with the agreement. The department shall make every effort to adhere to established agency goals for reasonable timeframes for review of such documents. (f) A commitment to secure site access for the department or approved local pollution control program to all brownfield sites within the eligible brownfield area for activities associated with site rehabilitation. (g) Other provisions that the person responsible for brownfield site rehabilitation and the department agree upon, that are consistent with ss. 376.77-376.86, and that will improve or enhance the brownfield site rehabilitation process. (h) A commitment to consider appropriate pollution prevention measures and to implement those that the person responsible for brownfield site rehabilitation determines are reasonable and cost-effective, taking into account the ultimate use or uses of the brownfield site. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include goals for the reduction of releases of toxic materials. (i) Certification that the person responsible for brownfield site rehabilitation has consulted with the local government with jurisdiction over the brownfield area about the proposed redevelopment of the brownfield site, that the local government is in agreement with or approves the proposed redevelopment, and that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Certification shall be accomplished by referencing or providing a legally recorded or officially approved land use or site plan, a development order or approval, a building permit, or a similar official document issued by the local government that reflects the local government's approval of proposed redevelopment of the brownfield site; providing a copy of the local government resolution designating the brownfield area that contains the proposed redevelopment of the brownfield site; or providing a letter from the local government that describes the proposed redevelopment of the brownfield site and expresses the local government's agreement with or approval of the proposed redevelopment. (6) Any contractor performing site rehabilitation program tasks must demonstrate to the department that the contractor: (a) Meets all certification and license requirements imposed by law; and (b) Will conduct sample collection and analyses pursuant to department rules. (7) During the cleanup process, if the department or local program fails to complete review of a technical document within the timeframe specified in the brownfield site rehabilitation agreement, the person responsible for brownfield site rehabilitation may proceed to the next site rehabilitation task. However, the person responsible for brownfield site rehabilitation does so at its own risk and may be required by the department or local program to complete additional work on a previous task. Exceptions to this subsection include requests for "no further action," "monitoring only proposals," and feasibility studies, which must be approved prior to implementation. (8) If the person responsible for brownfield site rehabilitation fails to comply with the brownfield site rehabilitation agreement, the department shall allow 90 days for the person responsible for brownfield site hV:/hvww.leg.state.fl.us/Statuteslndex.cfm?App mode=Display_StatuteBSearch String=BURL=0300-0399/0376tSections/0376.80.htm1 416 2/9/2015 Statutes & Constitutton Mew Statutes: Online Sunshine rehabilitation to return to compliance with the provision at issue or to negotiate a modification to the brownfield site rehabilitation agreement with the department for good cause shown. If an imminent hazard exists, the 90 -day grace period shall not apply. If the project is not returned to compliance with the brownfield site rehabilitation agreement and a modification cannot be negotiated, the immunity provisions of s. 376.82 are revoked. (9) The department is specifically authorized and encouraged to enter into delegation agreements with local pollution control programs approved under s. 403.182 to administer the brownfield program within their jurisdictions, thereby maximizing the integration of this process with the other local development processes needed to facilitate redevelopment of a brownfield area. When determining whether a delegation pursuant to this subsection of all or part of the brownfield program to a local pollution control program is appropriate, the department shall consider the following. The local pollution control program must: (a) Have and maintain the administrative organization, staff, and financial and other resources to effectively and efficiently implement and enforce the statutory requirements of the delegated brownfield program; and (b) Provide for the enforcement of the requirements of the delegated brownfield program, and for notice and a right to challenge governmental action, by appropriate administrative and judicial process, which shall be specified in the delegation. The local pollution control program shall not be delegated authority to take action on or to make decisions regarding any brownfield site on land owned by the local government. Any delegation agreement entered into pursuant to this subsection shall contain such terms and conditions necessary to ensure the effective and efficient administration and enforcement of the statutory requirements of the brownfield program as established by the act and the relevant rules and other criteria of the department. (10) Local governments are encouraged to use the full range of economic and tax incentives available to facilitate and promote the rehabilitation of brownfield areas, to help eliminate the public health and environmental hazards, and to promote the creation of jobs and economic development in these previously run-down, blighted, and underutilized areas. (11)(a) The Legislature finds and declares that: 1. Brownfield site rehabilitation and redevelopment can improve the overall health of a community and the quality of life for communities, including for individuals living in such communities. 2. The community health benefits of brownfield site rehabilitation and redevelopment should be better measured in order to achieve the legislative intent as expressed in s. 376.78. 3. There is a need in this state to define and better measure the community health benefits of brownfield site rehabilitation and redevelopment. 4. Funding sources should be established to support efforts by the state and local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, to evaluate the community health benefits of brownfield site rehabilitation and redevelopment. (b) Local governments may and are encouraged to evaluate the community health benefits and effects of brownfield site rehabilitation and redevelopment in connection with brownfield areas located within their jurisdictions. Factors that may be evaluated and monitored before and after brownfield site rehabilitation and redevelopment include, but are not limited to: 1. Health status, disease distribution, and quality of life measures regarding populations living in or around brownfield sites that have been rehabilitated and redeveloped. 2. Access to primary and other health care or health services for persons living in or around brownfield sites that have been rehabilitated and redeveloped. 3. Any new or increased access to open, green, park, or other recreational spaces that provide http:/Avww.leg.state.fl.us/StahAesfindex.cfm?App mode=Display_StahAe&Search String=&URL=0300-0399/0376/Sections/0376.80.htm1 5/6 2/9/2015 Statutes & Constitution :view Statutes: Online Sunshine recreational opportunities for individuals living in or around brownfield sites that have been rehabilitated and redeveloped. 4. Other factors described in rules adopted by the Department of Environmental Protection or the Department of Health, as applicable. (c) The Department of Health may and is encouraged to assist local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, in evaluating the community health benefits of brownfield site rehabilitation and redevelopment. (12) A local government that designates a brownfield area pursuant to this section is not required to use the term "brownfield area" within the name of the brownfield area designated by the local government. History.—s. 4, ch. 97-277; s. 3, ch. 98-75; s. 11, ch. 2000-317; s. 2, ch. 2004-40; s. 44, ch. 2005-2; s. 7, ch. 2006-291; s. 5, ch. 2008-239; s. 2, ch. 2014-114. Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us httpJhvww.leg.state.fl.us/StatUesrndex.ch?App mode=Display_StahAe&Search String=&URL=0300-0399/0376/Sections/0376.80.htm1 6/6 Attachment B Rd New IM111 �"7g",iii '�i�.�iyl, i..,.•... t' 1. PURCHASE AND SALE. Brookstone Partners, LLC ("Buyer") 2' agrees to buy and Waste Management Inc of Florida ('Seller') 3• agrees to sell the property described as: Street Address: . M 1475 SW 4TH AVENUE DELARAY BEACH, FLORIDA AND VACANT LAND TOTALING 6.87+ -ACRES DESCRIBED IN 4• THE BELOW LEGAL DESCRIPTIONS s Legal Description: SUB OF SEC 20-46-43 WLY 110.14 FT OF E 112 OF TP, 15 & SUB OF SEC 20-46-43, S 250 FT OF E 642,39 FT OF W u' 667.38 FT (LESS S 150 FT OF W 266.4 FT) OF LT 15 & SUB OF SEC 2046.43- NLY 209.92 FT OF W 200 FT OF E 112 OF TR 16 & SUB OF SEC 2046-43, E 89.88FT OF W 200 FT OF E 112 OF TR 15 and the following Personal Property: NIA a' Q (all collectively referred to as the `Property') on the terms and conditions set forth below. The "Effective Date" of this Contract is to the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5 11 days or less will be computed without Including Saturday, Sunday, or national legal holidays and any time period ending on a 12 Saturday, Sunday or national legal holiday will bbe/4� extended until 5:00 p.m. of the next business day. 13, 2, PURCHASE PRICE: $2,400,000.00 t4, (a) Deposit held In escrow by �Cordus2TZv, $ 100.000.00 19• (b) Additional deposit to be made within 60 days from Effective Date $ j,00 000 o0 Is, (c) Total mortgages (as referenced in Paragraph 3) $ 17- (d) Other: NO FINANCING $ ts• (e) Balance to close, subject to adjustments and prorailons, to be made with cash, locally drawn $ 2.200 000 00 19 certified or cashier's check or wire transfer. LID, d. I M LT t Ahm II1ATJCING, Within days from Effective Date ('Application Period"), Buyer will, at Buyer's expense, for 2r than party \\financingancing in ount of $ or `% of the purchase price to be amortized a period of 22' years and due in no less than and with a fixed interest rate not to exceed U % r or variable interest rale not 23• to exceed Cl _% at origination with a lifetime ca t to exceed % from knit e, with additional terms as follows: 2A' 2s Buyer will pay for the mortgagee title insurance policy and for all Io xpen Buyer will timely provide any and all credit, 2G employment, financial and other information reasona uired by any lender. Buyer vvi tlfy Seller immediately upon obtaining 27- financing or being rejected by a tend uyer, after diligent effort, fails to obtain a written commil`mla,"ithin days from 2a Effective Date ("Finay�enoo'), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's depo—sit(s) will be 29 re t so• Buyer ) ) and Sell (�} i acknowledge receipt of a copy of this page, which Is page 1 of 5 Pages. M2 97 Florida Association of Renuons0 All Rights Reserved 121 �E 31• 4. TITLE: Seller has the legal capacity to and will conveys t arketable title to the Property b Td SP�yaL 3 P Y Y statotrny.warranty deed z• '� other free of liens, easefnents and encumbrances of record or known to Seller 33 but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and (list a ac other matters to which title vvill b sub' ct /,�/��Tc /N�+ifi"�Ly F ,�.—�d nJ 35• as incTuaed A476Ct [ri ar srrr�rrar 36• provided there exists at closing no violation of the forego :w it is currently out ing and none of Them prevents Buyer's intended use of the Property as :.0• (a) Evidence of Title: Seller will, at (check one) ,`Z Seller's D Buyer's expense and within 5 days Q from Effective Date 3e' D prior to Closing Date U from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) ,0' 'Z a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in 41 the amount of the purchase price for fee simple title subject only to exceptions stated above. •;z' U an abstract of title, prepared or brought current by an existing abstract firm or ceillfled as correct by an existing firm. 3 However, if such an abstract is not available to Seiler, then a prior owner's title policy acceptable to the proposed insurer as a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format 5 acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all ,e documents recited In the prior policy and in the update, .» (b) Title Examination; Buyer will, within 15 days from receipt of the avidence of title deliver written notice to Seller of title -is defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers proper .fig written notice and Seiler cures the defects within 45 days from receipt of the notice ("Curative Period"). If the defects are cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. if the defects are not cured within the Curative Period, Buyer avilf have 10 days from receipt of notice of Seller's inability to cure the defects to ea elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in -� purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract 55 charges and title examination. 56 (c) Survey: (check applicable provisions below) 57' d Seller will, within 5 days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and 5e' engineering documents, if any, and the following documents relevant to this transaction: SEE ADDENDUM 59• prepared for Seiler or in Seller's 60 possession, which show all cugentiy existing structures. sr QrBuyerwill,at n Seller's Buyer's expense and within the time period allowed to deliver and examine title evidence, 62 obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the 631 Property or that the improvements encroach on the lands of another, U Buyer will accept the Property with existing QA encroachments 0 such encroachments will constitute a title defect to be cured within the Curative Period. 65 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. u6 (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing 67• 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in BROWARD County, Florida on ea, or before the or within 90 days from Effective Date ('Closing Date"), unless otherwise extended us• herein. U Seller ;a Buyer will designate the closing agent. Buyer and Seller will, within 0 days from Effective Date, deliver to 7o Escrow Agent signed instructions which provide for closing procedure. If an institutional lender is providing purchase funds, lender 7+ requirements as to place, time of day, and closing procedures will control over any contrary provisions in this Contract. iz (a) Costs: Buyer will pay tabes and recording fees on notes, mortgages and financing statements and recording fees for the deed. 73 Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. if Seller is obligated to discharge N any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances, (b) Documents: Seller will provide the deed, bili of salo, mechanic's lien affidavit, assignments of leases, updated rent roll, iC, tenant and lender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants of T? the change in ownership/rental agent. if any tenant refuses to execute an estoppel letter, Seller will certify that information 70 regarding the tenant's lease is correct. if Seller is a corporation, Seller will deliver a resolution of its Board of Directors 79 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth 00 facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer. Buyer al will provide the closing statement, mortgages and notes, security agreements and financing statements. e2• Buyer ( i� L__J and Sellertt,aJ L.__) acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. ** The Prop6rty conveyed herein shall not be used for any purpose related to the waste industry including, but not limited to, the hauling, processing, tr~ans' ing, storage, recycling or disposal of recyclable materials, municipal solid waste or hazardous waste. These restrictions are declared to be covenants running with the la c in perpetuity commencing with the date of the deed, and shall be fully binding upon al persons or entities acquiring title to the Property whether by descent, devise, purchase or otherwise. 83• (c) Taxes, Assessments, and Prorations: The following items will be made current and prorated 0 as of Closing Date 84• C] as of : real estate taxes, bond and assessment payments assumed by Buyer, interest, 05• rents, association dues, insurance premiums acceptable to Buyer, operational expenses and 66 If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year will be used with due 87 allowance being made for improvements and exemptions. Seller is aware of the following assessments affecting or polentiaily ee• affecting the Property: 89 Buyer will be responsible for all assessments of any kind which become due and owing on or after Effective Dale, unless the so improvement is substantially completed as of Closing Date, in which case Seller will be obligated to pay the entire assessment. 91 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ("FIRPTA") requires Buyer to withhold at closing a 92 portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S.") if Seiler is a "foreign person" as defined 93 by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide, at or prior to closing, e4 appropriate documentation to establish any applicable exemption from the withholding requirement. If withholding Is required 55 and Buyer does not have cash sufficient at closing to meet the withholding requirement, Seller will provide the necessary funds and Buyer will provide proof to Seller that such funds were properly remilted to the I.R.S. er 6, ESCROW: Buyer and Seller authorize ire Tj 7L&- 9a, LE 96 Telephone. (30533_V, . -9970 Facsimile: j305) 933.099Address: 78305 Biscayne Boulevard -suite 302 Aventura FL s to act as 'Escrow Agent' 1rr3 to receive funds and other items and, u j c}1to clearance, disburse them in accordance with the terms of this Contract, Escrow for Agent will deposit all funds received in fon-interest bearing escrow account `A an interest bearing escrow account with ur2• interest accruing to Purchaser with interest disbursed (check one) �Z at closing Ira• D at intervals. If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow 1oa Agent's duties or liabilities under this Contract, he/slue may (a) hold the subject matter of the escrow until the parties mutually 1G5 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the w escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute, Upon 1u7 notifying the parties of such action: Escrow Agent will be released from all liability except for the duty to account for items 1m previously delivered out of escrow. It a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter 1c9 475, Florida Statutes. In any suit or arbitration In which Escrow Agent is made a party because of acting as agent hereunder or 110 Interpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with 111 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor 112 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of 113 escrowed. Items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 114 7, PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as Is" condition, ordinary 115 wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no warranties 116 other than marketability of title. By accepting the Property "as is," Buyer waives all claims against Seller for any defects In the n7 property. (Check (a) or (b)) 118• iJ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" condition. 119• Q (b) Due Diligence Period: Buyer will, at Buyer's expense and within 60 days from Effective Date ("Due Diligence Period"), 120 determine whether the Property Is suitable, In Buyer's sole and absolute discretion, for Buyer's intended use and development of 121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations ("Inspections') which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, 123 architectural, environmental properties; zoning and zoning restrictions; Ilood zone designation and restrictions; subdivision 12A regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional 125 growth management and comprehensive land use plans; availability of permits, government approvals and licenses; compliance with 120 American will) Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems 127 appropriate to determine the suitability of the Property for Buyer's intended use and development, Buyer shall deliver written notice 128 to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable, ,29 Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property In its present 'as is` condition. 130 Seiler grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence 131 Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the 132 Property and conduct Inspections at their own risk. Buyer shall indemnify and hold Seller harmless from losses, damages, costs, 123 claims and expenses of any nature, including attorneys' fees at all levels, and from liability to any person, arising from the conduct of 1 s: any and all inspections or any work authorized by Buyer, Buyer will not engage in any activity that could result in a mechanic's lien 135 being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall 38 repair all damages to the Pfopeny resulting from the Inspections and return the Property to the condition it was in prior to conduct of 137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a rosult of the los Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's deposit shall be 139 immedi4IN ateiiy returned to Buyer and Contract terminated. tau- Buyer (___.) and Sellef' ) (_) acknowledge receipt of a copy of this page, which is page 3 of 5 Pages. I'll (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parlies, 112 conduct a final "walk-Ihrough" Inspection of the Property to determine compliance with this paragraph and to ensure that all 1.3 Property is on the premises. I.M. (d) Disclosures: 1.15 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient ins quantities, may present health risks to persons who are exposed to it over time, Levels of radon that exceed federal and state 117 guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained 148 from your county public health unit. lay 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real leo Property, lei S. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seiler will continue to operate the Property and any business 152 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely Impact the les Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect the Property or sa• Buyer's intended use of the Property will be permitted Id only with Buyer's consent !D without Buyer's consent. I.5 9. RETURN OF DEPOSIT; Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and I eb Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned in ,sF accordance with applicable Florida laws and regulations. iss 10. DEFAULT: les (a) In the event the sale is not closed due to any default or failure on the pall of Seller other than failure to make the title 160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific pegdvance. tul r d 162 (b) in the event the sale is not closed due to any default or fatlura on the pari of Buyer, Seller may eith (1) retai�aVll deposits) IU3 paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and y IVl full settlement of any claims, upon which this Contract will terminate, -If Seller retains the 1E, deposit, ,rr, by 167 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party, iso which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, costs and 159 expenses. wo 12. BROKERS: Neither Buyer nor Seller has utilized Ilse services of, or for any other reason owes compensation to, a licensed 171 real estate Broker other than: 172• (a) Listing Broker-, Tony Hoover- First VP of CBRE 173• who Is 0 an agent of Seller Waste Management Inc of Florida 1.1 a transaction broker Q a nonrepresentative 174• and who will be compensated by 0 Seller Q Buyer Q both parties pursuant to Q a listing agreement Q other (specify) 175• 176, 177' 1,s• (b) Cooperating Broker. NIA 17s• who is p an agent of Q a transaction broker D a nonrepresentative 1;w• and who will be compensated by t7 Buyer U Seller U both parties pursuant to 'J an MLS or other offer of compensation to a ler cooperating broker Q other (specify) 18,21 163, 1r,1 185 (collectively referred to as 'Broker') in connection with any act relating to the Properly, including but riot limited to Inquiries, 1 e introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker ler harmless from and against losses, damages, costs and expenses of any Intl, including reasonable attorneys' fees at all levels, and wa lrom liability to any person, arising from (1) compensation claimed which is inconsistent with lire representation in this Paragraph, (2) ,ag enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or r:yj Seller, which duty is beyond the scope of services regulated by Chapter 475, F,S., as amended, or (4) recommendations of or services Is1 provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of Buyer or Seiler. 192. 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise Q Is not assignable 193-121 is assignable. The terms "Buyer," 'Seller" and "Broker" may be singular or plural, This Contract is binding upon Buyer, Seiler i9a and their heirs, personal represen ve�s, successors and assigns (if assignment is permitted). se Buyer ( ]� (_) and Sell r (� j (� acknowledge receipt of a copy of this page, which is page 4 of 5 Pages. Igo 14. OPTIONAL CLAUSES: (Check it any of the following clauses are applicable and are attached as an addendum to this Contract): 197' Q Arbitration - Seller Warranty 'J Existing Mortgage ea• 2 Section 1031 Exchange q Coastal Construction Control Line Other 30 Day Closing Extension tea• a Property Inspection and Repair Q Flood Area Hazard Zone Other $20,000 Extension Not Appiica eco- �6 Seller Representations a Seller Financing ❑ Other tut 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of 202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents 203 referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for 2u+ all purposes, Including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail los over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue 2w to be fully effective. This Contract will be construed under Florida law and will not be recorded in any public records. Delivery of any 207 written notice to any party's agent will be deemed delivery to that party. 2oa THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY 203 PRIOR TO SIGNING, BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 210 IMPORTANTTO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR E) MPLE, 2 t a INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF 212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND 213 OTHER SPECIALIZED ADVICE BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL zi. REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC 215 RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY 210 SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 2 t 7 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. eta• DEPOSIT RECEIPT: Deposit of $ by u Sty oy 220 check J other received on Signature of Escrow.4gent alt OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a 222• signed copy delivered to Buyer or Buyer's agent no later than 5 ua.m, iA p.m, on February 20 2015 223 Buyer may revoke this offer and reive a ref nd of �I deposits.(Jr ILS t ctr'r'n+J'Cr 224- Date: Date: 2/16(15 BUYER: -Ac,,-' Tax ID No; 46-2622943 i 228• Title: Vice President- Telephone: (954) 362-5707 Facsimile;_ (954) 362-5987 220• Address: 160 S. Dixie Highway, Hollywood, Florida 33020 22- Date: BUYER: I Tax ID No: 220 Title: __.._ _ Telephone; Facsimile: 229• Address; 230• ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions (U subject to the 231 attached counter offer). ?32• Date:L-JI�11 Tax ID No: 2: ` Title: __— Telephone: Facsimile: 234• Address: aces• Date:SELLER: Tax ID No: 230- Title:_ Telephone: Facsimile: ear Address; 238- Buyer (_�.(j and Seiler (,j (^) acknowledge receipt of a copy of this page, which is page 5 of 5 Pages. The Florida Association of REALTORS mottas no representation as to the legal vaildily or oduquacy of any piovislon of Ibis form in any specific transaction. This standardized form should not ba used in complex transactions or with exicnsive riders or additions. This form is available for use by the entire real estate Industry and is not intended to idenfily the user as a Await. RFhUOR is a iegistefed collective nlentbershlp murk which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS and who subscube to its Code of Ethics. The copydgllt laws of ilia Untied States (17 U.S. Code) forbid the unoulhodzod rspruduciiun of this ioml by any means inauding Iacslmiic or cunlpuleri[ed forms. CC -2 0 1997 Florida Association of REALTORSO All Rights Reaorved Attachment C 9/24/2015 www.co.palm-beach.fl.us/papa/Asps/PropertyDetail/PropertyDetai I.asp0parcel=12434620010150050& $�Kcif h Gary R. Nikolits, GFA Homestead Exemption ope"i, 4 r'Y AY$4�h appraiser Palm Beach County Location Address 1475 SW 4TH AVE Municipality DELRAY BEACH Parcel Control Number 12-43-46-20-01-015-0050 "J"\, *** * Subdivision SUB OF SEC 20-46-43 Official Records Book 16197 Page 1 823 Sale Date OCT -2003 Legal Description SUB OF SEC 20-46-43, S 250 FT OF E 642.39 FT OF W 667.39 FT (LESS S 150 FT OFW 265.4 FT) OF LT 15 Mailing address WASTE MANAGEMENT INC C/O PO BOX 1450 CHICAGO IL 60690 1450 Price OR Book/Page Sale Type Owner $1,200,866 16197/1823 WARRANTY DEED WASTE MANAGEMENT INC OF FLORIDA No Exemption Information Available. Number of Units 0 "Total Square Feet 24318 Acres 2.7454 Use Code 9100 - UTILITY Zoning I - Industrial ( 1 2-DELRAY BEACH ) Tax Year Improvement Value Land Value Total Market Value Tax Year Assessed Value Exemption Amount Taxable Value Tax Year Ad Valorem Non Ad Valorem Total tax 2014 2013 $912,008 $861,760 $670,889 $653,924 $1,582,897 $1 ,51 5,684 All values are as of January 1 st each year 2015 P $1,665,419 $0 $1,665,419 2014 $1,582,897 $0 $1,582,897 2014 $35,147 $7,603 $42,750 2013 $1 ,51 5,684 $0 $1 ,51 5,684 2013 $33,808 $7,629 $41,437 http://Www.co.pal m-beach.fl.us/papa/Asps/Property Detai I/PropertyDetai I .aspx?parcel=12434620010150050& 1 /1 Attachment D L LL 3 J C 4) E C C O O W O m o N _� O d O m � 3 (D V p H J -0 41 C N a) L �•a M Z L C 0- C a) '� U U Q U) 0 r M LO N N O M L6 X 06 M N m L a) E N Z N E O Z Qj O O 0 N O Q S C� U ■ _J T_ O N ti W F 2B I Sun Sentinel SunSem,nel.com Wednesday, October 7,2015 33 PARK COVE Contin- Continued from Page IB ued from Page IB found brothh ear FYamingo Road in "I think they made the Cea said numerous right decision," said '12mi companies probably Capozzi, a director at Royal would have responded Fiesta, an event hall in The ifthe city had put out a Cove. formal bid request for Mike O'Leary, a principal the property a half- in the development of Blue mile west of Interstate Water Hotel proposed for 95 between Com—, The Cove, said 't made tial Boulevard and Cy- se to make the offer, press Creek Road. ce the meter proposal The Schlitterbalm ming forward at the as ehtime deal was delayed se'- as the hotel, eral years as it needed which is nearly double cur, Federal Aviation Ad- rent height limits in the ministration approval because the property are! t that the con - pec ned by Fort struction will last some - Lauderdale Executive where between 16 to 18 Air t months;'O'Leary said. 'Phe FAAs interest '12kingmetersofftheFa- was in ring the ble, he said, "would make it airport rete ved a fair easie for the shops as—go price in thelease. through this process" That s 'tuationBlue Waterwllbepaying changed this year the city about $220,000 to when the FAA p- maintain the parking lot, poroved the hes plan Hgekcontributed to rids purchase r prop- report. erty from the rt for $121 million, which wkroustan@sromentinel °ved1,eFAA from .com or954-356-4303 thelease negotiations SPREE The city made its Continued from Page lB first payment to the airport, which is city- in the driveway ofa house in coned but has sep the 12800 block of South- ratea- funds,inAugust west 26th Street. When he The amended lease backed out of the driveway, formalizes the chang- deputies stopped him, the es 'In the arrangement report stated. and includes a new Christapher Brown was timeline for the project found in the driver's seat to progress. sweating and breathing The 64 -acre site in- heavily. A perimeter was set Ludes Fort Lauder- up to find his accomplice, dale Stadium, the for- detectives said. r spring training Deputies said they found home of the New York stolen laptop computer in Y kees and Baltimore his backpack, two stolen Orioles, and Lockhart credit cards in his sock, Stadium, which the black gloves and a window Fort Lauderdale Sfrlk- punch device in his pockets. ers of the North Investigators talked to AmericanSoccer neighbors and so - League plan to contin- ported having their homes ue using. broken into. One of the credit cards 11xr—ewski@xribp found in Christapher ub.com or Brown's sock belonged to 954-356 4556 one of those residents, de- tectivessaid With helpfrom llavie Po- lice K 9 officers and a heli - Representatives for Brookstone Partners, LLC, ivio hold a community meeting on October 14, 2015, from 5:30 P.M. to 7:30 P.M. for the purpose of affording interested parties the opportunity to provide comments and suggestions about the potential designation of the property located at 1475 SW 4'" Avenue, Delray Beach, FL, and identified by Parcel Control Number 12-43-46-20-01-015-0050, as a brownfield area pursuant to §376.80(2)(C), Florida Statutes, and about development and rehabilitation activities associated with the potential designation, including public hearings to be held by the Delray Beach City Commission to consider the request for designation. The community meeting will be held at the Delray Beach Public Library, 100 West Atlantic Ave., Delray Beach, FL, and is free and open to all members of the public. For more information regarding the community meeting, including directions, or to provide comments and suggestions at any time before or after the meeting date, please contact Michael R. Goldstein. By telephone: (305) 777-1682; by U.S. Mail: The Goldstein Environmental Law Firm, P.A., 1 SE 3rd Avenue, Suite 2120, Miami, FL 33131; and/or by email: mgoldstein@golosteineavlaw.com. What some have called the only free parking next to the Intracoastal Waterway in SouthHeg Florida will likely continue at least for the next three years Ganz said. titularly as the project's But Mayor Jean Robb particulars come before the said having the city receive City Commission. payment from a developer I don't think the city puts the city in a bind, par- should make any kind of a Brown was Further investigation us foud'nin a wooded found brothh ear FYamingo Road in credit cards stolen in West - Davie .His backpack con- on and that other stolen tained property stolen from property was found in their homes and cars, police said north Miami -Dade home, More charges have been Kravecz said added since their initial ar- At his appearance in rests. court tnesday, Christapher B—ard Sheriff's Deto- Brown —facing 33 counts tive Michael Kravecz told with bond set at $185,500. Judge John Hurley that the Bradley Brown is facing 35 Brown brothers were sus- charges with bond set at petted in a series ofthefts in $164,500. Weston in July. Both remained injail be - "There were numerous cause they are wanted in burglaries, both vehicle and Palm Beach County for residential, that occurred in crossing a county line to Windmill Ranch [and] I was commit a crime, jail records able to get security video," showed. he said. "The court is concerned "You could see the same that this is a tri -county two subjects on bicycles crime spree and this is on - basically going from house going criminal activity" to house, going up to cars Hurley said in setting the with flashlights, looking in bonds. the cars and pullingon door handles" Strf'researchaBarbam Cellphone records Hgekcontributed to rids showed the brothers talked report. to each otherbetween 1 a.m and 5 am. in that neighbor- wkroustan@sromentinel hood, he said. .com or954-356-4303 • • Full Collision & Frame Repair Specialist • Ask Row We Can Save Year, Deductible WE WILL BEAT ANY LEGITIMATE PA_ WRITTEN ESTIMATE BY 10% cvmA U MA if AX U PAINT 1 995 Fnnln: custom or oily aXa. XacX�,"o: Ma :$42 erss, a o�ry.E cel High Quality Special $74995 1 3YEM FADING GUARAN!EE compaa at5asa'mra ysal 1 Crrack- (FUIlGuarantee Against bn91lAtlingsM1ln. 0leln M1 1 1 i-nolg, Peeling, Flaking 1 Base Coat & Cleer Caat Factory Special 599�`'� 1 7 YEAR FULL GUARANTEE ms'1�=e"'"11 1 Against Cracking. Peeling, CunpareaE$SBr.—cararall Flaking&Fading tapn line. Ededu only 1 Fac— — Custom Colors 1 Wtlsa 16h U HMdw.r- t f 8e.71REPAIR TER FREE Pin Stripe With Any Paint Service 191s NV! 40M C[. •Pompano NOORs: MON.-FRI. cNA.M.t 6 P.M, SAT. BA.MA2am) P.M. plreilnm'.Pvxe�lu M.lp mileX.bSamplelanWX.Pma�lu M.,EffiIn Mendni late. LeXbsMp. -LUG FILLERS r=` 954470-Et50ol e C CARRY Continued from Page IB statistics maintained by the (U.S) Department of Justice;' MattGaetz said. Still, the measure, backed by gunright groups, may need to be changed or face opposi- tionin future committees. Gaetz said the bill wouldn't have any impact on a separate proposal (SB 68 and HB 4001) that would allow people to carry concealed weapons cn state university and ollege campuses nor would it permit people to vast nbusirlesses thatoprol- hfbitfirealms. Gary Hunter repre- senting the Florida Cham- ber, of Commerce, said the bill needs more clarity about private property rights "That's an important is- sue many businesses who feel like that's some- thing that could be ofcon- n to them," Hunter said. Chamber of Commerce Executive Vice President David Hart said outside the meeting that the busi- ness group, which hasn't taken a formal position on the Gaetz proposalbuthas aboard -level policy about protecting private proper- ty rights, will oppose the measure if it continues to deal with Mr. O'Leary," Robb said. "We should not bebeholdenP She was the lone vote against tabling the motion to install meters at The Cove. ageggis@sun-sentinel.com, 561-243-6624 or Twitter @AnneBoca advance without changes. Others said the propos- al needs to better define how people can publicly display handguns while openly carrying. "What we're talking about is allowing people to walk down a street with a firearm in their hand — pointed down, not pointed t anyone but pointed down — they can lawfully walk past a bank, past a bar, past a school, not en- cased in a holster,, said Rep. D.e Kerner, a Lake Worth Democrat who voted against the measure. Kerner added that there is Ede instmetion in con- cealed -weapons training courses about how to keep other people from simply taking openly carried fir, arms. said he expects concealed -weapons wouldbe changed to include better instruo- tion onhow people can se- re their weapons while openly carrying. "We've frosted various gun -safety organizations to be able to develop that icuharr Goetz said. "I think a natural conse- quence of this bill is it will be that that curriculum will evolve to reflect the rights people have:' As for law enforcement, the Florida Sheriffs Asso- ciation has yet to take a position. Did You Know... some private wealth managers provide their clients with low risk and low volatility portfolios? If you have been enjoying the thrill ride the equity markets have provided the past few weeks, we may not be a good fit for you. For investors who seek to achieve reasonable rates of return over a full market cycle and avoid signficant drawdowns, we may be a great ft. Significant risks to your retirement lifestyle are longevity and sequence of returns risk Ask us how we can help! CALL 954-768-9300 NOW A&iultANsi Fir-misi;jALGilIOLTPy Lvc — $£(L'A6IP6fFPf.MAT iGlA•tlrr 5353 NuriT Fetl I 1-0Nway, SLa[e ]VL FCL[ LaudetdBle, FL 33i]X �wyLs,.L,d.a sr�.Cucrsrr«�.e sr�r..aid,4..a-ted�nx,mrwrde„e.T,a wa:e.tsm 5...... ,.^_..•._....Wrkre'mXeUa'e SLW&fug.We roaa'eeQarWetl ax=uao,r ueEw X530 `N7YINiS&7 CL south florida > palm beach co > events > manage posting south florida I manage posting Your posting can be seen at http://miami.craigslist.ora/pbc/eve/5256386420.html. Edit this Posting You can make changes to the content of your post. Update Images I Add or remove images attached to this posting Edit Location Change how this posting appears on a map. Delete this Posting This will remove your posting from active listing. CL Posted: about 6 hours ago .................................................... log in to your account (create account) 10/14: Community Meeting Regarding Proposed Delray Beach Brownfield Area (Delray Beach Public Library) Community Meeting Regarding Proposed Delray Beach Brownfield Area Representatives for Brookstone Partners, LLC, will hold a community meeting on October 14, 2015, from 5:30 P.M. to 7:30 P.M. for the purpose of affording interested parties the opportunity to provide comments and suggestions about the potential designation of the property located at 1475 SW 4th Avenue, Delray Beach, FL, and identified by Parcel Control Number 12-43-46-20-01-015-0050, as a brownfield area pursuant to §376.80(2)(C), Florida Statutes, and about development and rehabilitation activities associated with the potential designation, including public hearings to be held by the Delray Beach City Commission to consider the request for designation. The community meeting will be held at the Delray Beach Public Library, 100 West Atlantic Ave., Delray Beach, FL, and is free and open to all members of the public. For more information regarding the community meeting, including directions, or to provide comments and suggestions at any time before or after the meeting date, please contact Michael R. Goldstein. By telephone: (305) 777-1682; by U.S. Mail: The Goldstein Environmental Law Firm, P.A., 1 SE 3rd Avenue, Suite 2120, Miami, FL 33131; and/or by email. o do NOT contact me with unsolicited services or offers C 1 v .ake Ida R% — } f4 DELRAY"BEA'CH 100 W Atlantic Ave ED venue: Delray Beach Public Library hftps://post.craigslist.org/manage/5256386420/hgc3t 1/1 to o u' r� © craigslist - Map data © OpenStreetMap 100 W Atlantic Ave ED venue: Delray Beach Public Library hftps://post.craigslist.org/manage/5256386420/hgc3t 1/1 I TY O ii Wa - I 1 T i • rt "`m E Linton Blvd - W Linton Mill JWP IIIIIIIIIIIIIIIIIIIIIIIIIIIEW_._11,... - - 1475 SW 4TH AVENUE _ _ NORTH — — ! Subject Property PLANNING & ZONING LOCATION MAP DEPARTMENT Date: 11/17/2015 Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\1475 SW 4th Avenue.mxd nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-207, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning & Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 ORDINANCE NO. 28-15 (FIRST READING) Recommend Action: Motion to approve Ordinance No. 28-15 on First Reading to adopt the Delray Beach Central Business District (CBD) Architectural Design Guidelines and the City -initiated amendments to the Land Development Regulations (LDR) consistent with the guidelines. Background: The CBD regulations adopted by Ordinance No. 02-15 referred to the pending design guidelines. During development of the guidelines and through additional administration of the CBD regulations, certain LDR amendments were found to be necessary. These amendments are proposed concurrent with the adoption of the auidelines. The proposed amendments are briefly summarized as follows: Added language to specify that for "Required Retail Streets", the maximum width of an individual commercial tenant space adjacent to the sidewalk is 75 feet in LDR Section 4.4.13(C)(3), Use Limitations on Required Retail Frontages. Existing language regarding flat roofs, green roofs, and mechanical equipment moved to Section 4.4.13 (F) from LDR Section 4.4.13(D), Configuration of Buildings. Revised the LDRs to require Storefronts to be accessible from the sidewalks, maximum width requirement revised to 75 feet from 100%, reduction of Storefront Base from 1 feet to 9 inches, and a minimum glazing revision increased to 80% from 70% with no maximum (90% is presently the maximum). Clarification also provided regarding the storefront openings spanning at least 80% of the commercial space fagade in LDR Section 4.4.13(E)(4), Frontage Types. Clarified the text regarding application of the architectural standards, addition of required specifications regarding "Fagade Composition" and "Tripartite Composition", specification of appropriate architectural styles with reference to the "Delray Beach Central Business District Architectural Design Guidelines", added requirements presently located in Section 4.6.18(B)(14), and added specifications regarding green building practices in LDR Section 4.4.13(F), Architectural Standards. Added text regarding the configuration of civic open space in LDR Section 4.4.13(G), Civic Open Spaces. Added requirements to provide a Visual Impact Analysis and a Sight Line Study for all new construction projects, and added language requiring that SPRAB make a recommendation to the City Commission regarding any proposed new architectural styles in LDR Section 4.4.13(K), CBD Review and Approval Process. Revised LDR Section 4.6.9(D)(1 1)(a), Mechanical Parking Lifts, to appropriately refer to a new Section. City of Delray Beach Page 1 of 2 Printed on 11/24/2015 powered by LegistarT"^ File M 15-207, Version: 1 Deleted LDR Section 4.6.18(B)(14), Buildings within the Downtown Area, and placed into 4.4.13(F), Architectural Standards. Added definitions for "Building Articulation", "Fenestration", and Tripartite." In addition to the CBD amendments, the Ordinance also adopts the Delray Beach Central Business District Architectural Design Guidelines. The guidelines, which are referred to in the LDRs, are a supplemental set of design rules for development in the CBD and OSSHAD with CBD Overlay. On October 19, 2015, the Planning and Zoning Board reviewed the proposed Ordinance and recommended approval tothe City Commission. The Board recommended the following changes which have been incorporated into the Ordinance: • Require that all development consisting of two or more stories also submit a Sight Line Study; and, • Clarify that while flat asphalt shingles are prohibited, architectural 3 -tab asphalt shingles are permitted. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 2 of 2 Printed on 11/24/2015 powered by LegistarT"^ ORDINANCE NO. 28-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING ARTICLE 4.4.13(C) "ALLOWABLE USES"; AMENDING ARTICLE 4.4.13(D) "CONFIGURATION OF BUILDINGS"; AMENDING ARTICLE 4.4.13(E) "FRONTAGE TYPES"; AMENDING ARTICLE 4.4.13(F) "ARCHITECTURAL STANDARDS"; AMENDING ARTICLE 4.4.13(G) "CIVIC OPEN SPACES"; AMENDING ARTICLE 4.4.13(K), "CBD REVIEW AND APPROVAL PROCESS"; AMENDING ARTICLE 4.6.9(D)(11), "MECHANICAL PARKING LIFTS"; DELETING SECTION 4.6.18(B)(14), `BUILDINGS WITHIN THE DOWNTOWN AREA"; AMENDING APPENDIX A "DEFINITIONS"; AND ADOPTING THE "DELRAY BEACH CENTRAL BUSINESS DISTRICT ARCHITECTURAL DESIGN GUIDELINES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the distinctive character of each district; WHEREAS, the City Commission seeks to update its land development regulations to ensure the highest quality built environment; WHEREAS, recent updates to the land development regulations for the Central Business District require modifications to ensure the intent is achieved and to make those regulations understandable to the public, predictable to landowners, and easier for the city to administer; WHEREAS, the City Commission seeks to adopt the Delray Beach Central Business District Architectural Design Guidelines to provide the framework for the successful execution of quality urban architecture within Delray Beach's downtown; WHEREAS, seven architectural styles have been identified as appropriate for downtown Delray Beach based on historical precedent, climate, and building scale, including Florida Vernacular, Anglo Caribbean, Mediterranean Revival, Classical Tradition, Art Deco, Masonry Modern, and Main Street Vernacular; WHEREAS, prior to public hearings before the City Commission, all proposed amendments to the city's land development regulations must be reviewed by the Planning and Zoning Board pursuant to LDR Section 1.1.6. The Planning and Zoning Board reviewed these amendments at a public hearing held on October 19, 2015 and recommended that the City Commission approve these amendments. Pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined these amendments to be consistent with the Delray Beach Comprehensive Plan; WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray Beach that the land development regulations be amended as described in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH, AS FOLLOWS: Section 1. That the "Delray Beach Central Business District Architectural Design Guidelines," included as "Exhibit A," are hereby adopted and applicable to all new development on property located within the CBD or OSSI IAD with CBD Overlay. Section 2. That Section 4.4.13(C) of the land development regulations, "Allowable Uses," shall be amended to read as follows: (l)—(2) [NO CHANGES) (3) Use Limitations on Required Retail Frontages. Streets designated on the Regulating Plan with Required Retail Frontage are intended to be lively, highly active pedestrian environments that support businesses and reinforce local character. Properties on streets designated with Required Retail Frontage have use and frontage type standards that apply to the sidewalk level story. (a) All Districts. 1. Residential units, including multi -family and live -work, are not permitted in the sidewalk -level story on streets with Required Retail Frontage. 2. On Required Retail Streets, buildings shall use either a Storefront or Arcade with a Storefront frontage type (See Section 4.4.13(E)). 3. On Required Retail Streets, the maximum width of an individual commercial tenant space located in the first story adjacent to the sidewalk is 75 feet. Section 3. That Section 4.4.13(D) of the land development regulations, "Configuration of Buildings," shall be amended to read as follows: (D) Configuration of Buildings: (1) Standards for CBD Generally. The following building configuration standards apply to all CBD Sub -districts: (a) Building Height 1. — 9. [NO CHANGES] . [MOVED TO SECTION 4.4.13" 2 ORD. NO. 28-15 [MOVED TO SECTION 4.4.13(F)] Section 4. That Section 4.4.13(E)(4) of the land development regulations, "Frontage Types," shall be amended to read as follows: (a) — (d) [NO GHA NGESJ (e) Storefront. The storefront is a frontage type along sidewalk level of the ground story, typically associated with commercial uses. Storefronts are frequently shaded by awnings or arcades. 1. Storefront Dimensions Table 4.4.130 provides the dimensional requirements and the maximum allowable encroachment permitted. Figure 4.4.13-23 illustrates the dimensional requirements and Figure 4.4.13-24 provides a character example. 0 ha. Storefronts shall be directly accessible from sidewalks; storefront doors may be recessed up to 10 feet. Table 4.4.13(I) Dimensional Requirements for Storefronts Minimum Maximum A Building Setback 10 ft. 15 ft. B Store€reftt-Width N/A 75 ft. on Required Retail Streets 4002A C Storefront Base 4-4-9 in. 3 ft. D Glazing Height plus Storefront Base 8 ft. - E Required Opening=s-61a�ea 80%;04 -404 Maximum Allowable Encroachment of Elements in All Districts F Awning Projection 3 feet - G Projecting Sign N/A 3 feet Figure 4.4.13-23 Storefront Frontage Type 3 ORD. NO. 28-15 Figure 4.4.13-24 eb. ° 0 740 of the left+h e Storefront (window and door) openings shall extend along at least 80% of the width of the facade of the commercial space, measured by the sum of the widths of the rough openings. Storefront windows shall have a base nine inches oiie f6ot to three feet high. k tTransparent glazed mens windows shall extendi+ig from the base to at least eight feet in height as measured from sidewalk grade. Transparent means non -solar, non - mirrored, glass with a light transmission reduction of no more than 20%. 2. Storefront Elements a. Awnings shall project a minimum of three feet from the building facade. b. Awnings shall be consistent with the building's architecture and proportionate to the facade opening shape and size. Except for curved awnings, all awnings shall be sloped 15-35 degrees from the horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated or plastic awnings are prohibited. c. Storefronts may be combined with forecourts; zporchesor arcades. (f) — (g) [NO CHANGES Section 5. That Section 4.4.13(F) of the land development regulations, "Architectural Standards," shall be amended to read as follows: (F) Architectural Standards. To ensure high duality architecture in the downtown area, the following architectural standards apply to all buildings in the Central Business District Sub -districts and in OSSHAD with CBD Overlay. In addition to the standards in Section 4.6.18, the following standards apply in all CBD Sub -districts. (1) Required Standards. In addition to the standards in this section, all buildings shall follow the Delray Beach Central Business District Architectural Design Guidelines. `qie ,.e1eefe ff feh:+eeft..,.' {2) Properties located within a Historic ORD. NO. 28-15 District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall also comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). (21 Facade Composition. (a) Building Articulations. Building articulations that respond to the site's unique urban condition, such as but not limited to, locations on corners, near public open spaces. terminating the visual axis of a street and/or that emphasize main building entries, shall be clearly expressed in the design. 1. Building articulations in the form of a change in building height and building placement shall be incorporated so that building facade proportions do not exceed height to width ratios of 3:1 or 1:3. (LigLire 4.4.13-29) 2. Building articulations shall be reinforced by changes in roof design. fenestration pattern, or architectural elements. Figure 4.4.13-29 FaIVadeArticulation Proportions q ��1 ##Vfl . 2:1 1:1 I 4P 1:1.5 f�M� ten. �Mrsr�rs. rerepr rie Rl�r�f. jt IitI lilt (bl Tripartite Composition (Base, Middle, Top). All buildings shall have a clearly expressed base, middle, and top in the facade design. 1. Base. The building base demonstrates the building is solidly anchored to the ground. The base may be configured in a number of was, including, but not limited to the following: a. A thickening of the lower portion of the wall surface, accompanied bL change in material or color, b. the base of a storefront frontage type: or C. the first story of buildings three or more stories tall, demarcated by a cornice or molding. Figure 4.4.13-30 Examples of Base, Middle, Top Confrgurations ORD. NO. 28-15 I Top ' Top Middle c� lop— I� ] Middle Middle Base e . =Base 2. Ton. The building ton may be demonstrated in a number of ways. includin but not limited to the following: a. a change in fenestration patterns: b. placement of architectural elements such as balconies, cornice line and moldings: c. the oaraoet or roofline in buildings one to three stories tall: or d. a setback at the top sto fc{} Visual Screening. Building facades shall be designed to visually screen "Secondary Street" uses (as identified in Table 4.4.13 (A)) and large expanses of blank walls. Appropriate facade design to screen these uses incorporates the consistent use of materials and construction assemblies, fenestration patterns, architectural articulation, and features such as, but not limited to, the application of architectural screens, louvers, or glass. In addition, at the sidewalk level, vegetated surfaces and planters or window display shall be incorporated. Paint, faux treatments, scoring, construction joints, lighting, and material projections less than two inches are permitted, but do not fulfill the facade design requirements. Figure 4.4.13-29 gilding Fa_Vade Screening Secondary Street Uses The Clematis Street garage utilizes consistent building materials with fenestration patterns to establish an attractive fafade screening the parking levels over the retail space. ORD. NO. 28-15 The Lincoln Theater has the building circulation located along the streets, behind an architectural glass fafade, screening the large expanses of blank walls within the movie theater. - m� ■tee �:� Asir pr._ (31 Facade Composition Compliance. All development submittals shall Provide diagrams and/or documentation to illustrate compliance with the requirements of this Section which includes Building Articulation. Tripartite Composition. and Visual Screening. Additional analysis demonstrating compliance may be required by the Planning and Zoning Director at mepoint in the process. 3 Appropriate Architectural Styles. The "Delray Beach Central Business District Architectural Design Guidelines", adopted by Ordinance XX -15 on (DATE, identifies seven architectural styles les as appropriate for downtown Delray Beach based on historical Precedent, climate, and building scale. Defining characteristics and character examples are provided for each of the styles as guidance. (a) Permitted Architectural Styles. One of the following architectural styles shall be identified on permit application drawings and the building design shall reflect the defining characteristics outlined in the "Delray Beach Central Business District Architectural Design Guidelines" document: 1. Florida Vernacular: 2. Anglo -Caribbean; 3. Mediterranean Revival; 4. Classical Tradition; 5. Art Deco; 6. Masonry Modern; 7. Main Street Vernacular. Eclectic combinations or mixinLy of stvles is not permitted: however. proiects comprised of multiple buildings may use more than one style, provided each building uses one style e (e.g. an Anglo -Caribbean building next to a Florida Vernacular building), and facade portions of long buildings may use different std provided each portion uses one st, (c) Other Architectural Styles. Elevations introducing a new styley be utilized with City Commission approval, via recommendation by SPRAB or HPB, as applicable. Applicants shall provide the following: 1. A description including images of a documented and substantiated Florida vernacular architecture: ORD. NO. 28-15 2. A written justification of the appropriateness of the style for downtown Delray Beach; and 3. An explanation including graphics demonstrating how the building design follows the proposed st, (d) Accessory structures such as enclosures used for the screening of mechanical and electrical equipment. loading and service areas, and/or dumpster and recycling areas shall be consistent with the architectural style of the principal building. (4) Walls: a) Walls shall have a maximum of two primary materials. excluding windows. doors accents and trims. The materials shall be aWroopriate to the architectural style and shall be consistent on all sides of the building. Materials that simulate other materials shall count as separate materials if there is a change in texture, color, or pattern of the finish. (5) Materials or patterns not expressl-y prohibited may be used if consistent with the architectural style of the building, (c) Metal curtain walls are permitted only on buildings designed in the Masonry Modern style and shall be limited to 30% of the total building exterior elevation. (d) Prohibitions: 1. Prefabricated and pre-engineered metal wall panels. 2. Metal curtain wall systems with 100% glass and metal combination. (e) Treatment of blank walls: 1. Blank walls shall not exceed a length of 50'. or 20% of the length of the building facing the street, whichever is less. 2. Blank Walls. Blank walls shall receive two or more of the following special design treatments in order to increase pedestrian comfort or create visual interest: a. Vertical trellis in front of the wall with climbing vines or other plant materials over at least 30% of the blank wall surface. b. Small setbacks, projections, or indentations with a minimum depth of eight inches, or intervals of material change to break up the wall's surface. C. Additional architectural details such as pilasters, medallions, decorative panels or castings, decorative accent tiles, wall -mounted fountains, or public art shall be integrated on any exterior wall to avoid a blank wall appearance. (5) Openings. {} Building facades facing streets or civic open spaces shall have transparent windows covering between 20% pereeet and 75% per-eeii of the wall area of each story as measured between finished floors. Transparent means non -solar, non -mirrored glass with a light transmission reduction of no more than 20%. (5) Storefronts are required on all buildings located on streets designated on the Regulating Plan with Required Retail Frontage and on all new retail or restaurant uses. All storefronts shall meet the design requirements in Section 4.4.13U(4)(e). ORD. NO. 28-15 (c) All public entries, excluding emergency exits, shall be easily identifiable and integrated into the building architecture and use one of the frontage types in Section 4.4.13(4(4). Each freestandingi2rincipal structure shall have a minimum of one clearly defined primarypublic entrance facing the street. (d) Window and door shutters shall be sized to match the dimensions of the wall openings. (e) {S Overhead doors shall be prohibited from facing any adjacent residentially zoned property. Overhead doors shall be oriented away from any adjacent public right-of- way, except where currently existing. (fl Garage doors, entrances and exits with street frontage shall be designed to have a decorative appearance consistent with the overall architectural composition of the rp of ect. (61 Roofs: (a1 Roof eaves above pedestrian walkways must be guttered to promote a pedestrian friendly environment. Plastic gutters are prohibited. (b) Roof types and roofing materials must be consistent with the architectural style of the building. C) Flat roofs shall be screened from adiacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be six feet in height or sufficient height to screen all roof mounted equipment. whichever is greater, measured from the top of the roof deck to the top of the parapet wall. Exception to the height requirements shall be pursuant to Section 4.3.4(1)(3). (d) Roof mounted electrical. mechanical. air conditioning, and communication equipment shall be completely screened from adjacent properties and streets. (e) Prohibitions: 1. Flat asphalt shingles. Architectural 3 -tab asphalt shingles with a minimum 30 year warranty are permitted. 2. Plastic gutters. (71 Elements: (a){4 Cornices and moldings shall extend a minimum of two inches from the surface plane of the building wall. Cornices and moldings are continuous facade elements and may not be covered by awnings or signs. Significant architectural elements such as columns, pilasters, and towers may interrupt moldings. (b) Arcades, Porches, Trellises, Loggias and Balconies: 1. Materials for arcades,i2orches. trellises, loggias and balconies shall be consistent with the architectural style of the principal building, 2. The spacing between columns, pillars, and posts shall have a height to width or width to height ratio of 1:1. 2:1. or 2:3 and shall be consistent with the building's architectural style. The maximum spacing between columns, from centerline to centerline shall be 24 feet. 3. Columns, pillars and posts shall be appropriate for the architectural style of the building. Masonry columns or pillars shall be a minimum of 12 inches in width or depth. Wood posts shall be a minimum six inches in size, width, or depth. ORD. NO. 28-15 4. Arches over columns that are part of an arcade shall have no less than 8 inches in depth. (c){f Awnings shall be consistent with the building's architecture and faade opening shape. Awnings shall project a minimum of three feet from the building facade. Except for curved awnings, all awnings shall be sloped 15 to 35 degrees from the horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated or plastic awnings are prohibited. Any names or logos printed on awnings shall be counted as square footage against the overall permitted signage. fdl{�} In the absence of a building facade, a streetwall is required along both Primary and Secondary Streets. Streetwalls shall be three feet to thfee fee 43 3 feet, 6 inches in height, located in line with the building faade or the front setback. Streetwalls shall be composed of either an opaque wall of the same material and color as the building or of a continuous, maintained hedge. In addition, one shade tree per 30 lineal feet, uniformly spaced, shall be installed along the length the streetwall. (e) Chain link fences are prohibited except within sites containing outdoor recreation uses or facilities such as baseball, tennis, racquetball, etc. in which case they must be appropriately screened with landscaping pursuant to Section 4.6.16. 1� A maximum of four base wall colors shall be used for each building. except as required for artworks or murals as approved by the Site Plan Review and Appearance Board or Historic Preservation Board. Mechanical elements and eauipment necessary to the operation or maintenance of the building such as, but not limited to, elevator, stair, and mechanical rooms, cooling towers, vent stacks and antennae shall be designed to be integral parts of the overall building design, provide a balanced and graceful silhouette, and ameliorate the visual impact to adjacent buildings. Minor features not exceeding one foot in height shall be exempted from this regulation. Miscellaneous free standing. wall or ground mounted appurtenances such as electrical and Lyas meters. dumpster/recvclinLY. trash compactors. gas tanks. air conditioning and communication equipment shall be enclosed or screened and integrated into the building's architectural treatment. The appurtenances shall also be prohibited within the front , (il Prohibitions: a. Security bars on storefronts or display windows. b. Neon or fluorescent lighting. unless incorporated into the architectural concept of the project or public artwork and approved by the Site Plan Review and Appearance Board or the Historic Preservation Board. An example of this ma be a design element associated with an Art Deco project. (8) Parking Garages. Above ground parking garages shall comply with the architectural requirements of this Section and the following additional requirements: (1 Ramps shall be visually screened from streets and adjacent residential zoning districts and oriented towards the interior of the lot within a project where possible. Ramp profiles shall be hidden on the exterior elevations. 10 ORD. NO. 28-15 (b) Roof top narking shall be visually screened with articulated parapet walls or other architectural treatment acceptable to the Site Plan Review and Appearance Board. Exterior lighting shall utilize fixtures provided with cut-off shielding in order to eliminate glare and spillage onto adjacent properties and roadways. (c) The openings of the garage shall be designed in a manner that obscures parked vehicles. Decorative architectural elements on the ground floor level shall be designed to accommodate the pedestrian scale. Parking levels above the ground floor shall maintain the same vertical and horizontal articulation or rhvthm and incremental appearance established on the ground floor. (d) Setback Waiver. To maximize the efficienc�parking_garage, parking _garages or the garage portion of the building may request a waiver from the setback requirements of Section 4.4.13(D) (for portions of the building above three stories) subject to compliance with the following requirements: 1. The garage or the garage portion of the building elevation provides unified design elements with the main building through the use of similar materials and color, vertical and horizontal elements, and architectural st l 2. In OSSHAD and on Secondary Streets in the CBD, a minimum 50% of the ground floor perimeter of the garage or the garage portion of the building adjacent to street rights-of-way shall be devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices. etc. This number may be reduced by the Site Plan Review and Appearance Board or the Historic Preservation Board. On Primary Streets in the CBD, the perimeter of the garage or the garage portion of the building adjacent to the street rights-of-way shall be lined by active uses (see Section 4.4.13(01. 3. Architectural features shall be incorporated into the facade to mitigate the building's mass and bulk and along12ortions of the building adjacent to street rightsof-wad (9) Reduction of Urban Heat Islands. In order to reduce urban heat islands for both roofed and non -roofed areas, the following standards shall apply to building and site design: (a) Non -roofed: Provide shade (within -5 five years) on at least 30% of non -roof impervious surface on the side, including parking lots, walkways, plazas, etc.; or use light-colored/high-albedo materials (reflectance of at least 0.3) for 30% of the site's non -roofed impervious surfaces; or, use open -grid pavement system (net impervious area of less than 50%) for a minimum of 50% of the parking lot area. (b) Roofed: Use Energy Star roof -compliant, high -reflectance and high emissivity roofing (initial reflectance of at least 0.65 and three -year -aged reflectance of at least 0.5 when tested in accordance with ASTM E903 and emissivity of at least 0.9 when tested in accordance with ASTM 4080 for a minimum of 75% of the roof surface); or install a "green" (vegetated) roof for at least 50% of the roof area. (c) Parking Garage Roofs: Provide shade on at least 30% (within § five years) of any exposed parking on the roof. (10) Green Building Practices. Cross -ventilation, energy efficiency, and green building design shall be considered for all projects. All development which proposes to build 50,000 square feet or more, in one or more buildings, shall be at a minimum certified as Silver by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards or equivalent standards adopted or approved by the City. 11 ORD. NO. 28-15 (a) — (c) [NO CHANGES] Section 6. That Section 4.4.13(G) of the land development regulations, "Civic Open Spaces," shall be amended to read as follows: (1) Amount Required. New development or additions of gross floor area equal to 20% pefeeraor more to existing buildings shall provide civic open space as follows: (a) Sites smaller than 20,000 square feet have no civic open space requirement. The first 20,000 square feet of sites larger than 20,000 square feet are not used in the computation of required civic open spaces. (b) Sites between 20,000 and 40,000 square feet are required to provide 5% of the site's area that is above 20,000 square feet as civic open space. (c) Sites 40,000 square feet or more. Sites 40,000 square feet or more in size are required to provide civic open space as follows: 1. 5% of the site's area between 20,000 and 40,000 square feet; plus 2. 7% of the site's area above 40,000 square feet. For example, a site 62,000 square feet in size will calculate civic open space as follows: 20,000 square feet = 0 20,000 square feet x 5% = 1000 square feet 22,000 square feet x 7% = 1540 square feet Total Civic Open Space Required = 2,540 square feet (d) Dedicated rights-of-way and area used to meet the minimum setback or minimum streetscape standards in Section 4.4.13(E) do not count toward fulfilling the required amount. (2) [NO CHANGES] (3) Configuration. Civic open spaces shall be configured as follows: (a) The civic open space shall adjoin a street front property line for no less than 30 linear feet. (b) The required amount of civic open space shall be configured in square or rectangle: additional area above the required amount may augment the space, creating another shape (See Figure 4.4.13-33). Figure 4.4.13-33 Civic Open Space Configuration 12 ORD. NO. 28-15 Property Line— Minimum Setback Required Civic_ Open Space Area Extra Civic Open Space Area Building d TI' I r/ fc{b Except for attached greens, civic spaces shall have a proportion so that the depth is no more than 2.5 times the width, and the width is no more than -5 five times the depth; {cj Civic open spaces shall be lined by building facades or streets on all sides. To provide oversight of the space, buildings facing civic open spaces shall contain active uses; parking lots, parking garages, and storage areas are not considered active uses. 4e {d Civic open space requirements of 3,000 square feet or more may be provided in up to two spaces; requirements less than 3,000 square feet shall be provided in one space. (4) [NO GH NGES] Section 7. That Section 4.4.13(1) of the land development regulations, "CBD Review and Approval Process," shall be amended to read as follows: (1) Visual Impact Analysis: A 3-D visual impact analysis will be required which includes a model of the proposed development in a format compatible with GIS. such as SketchUp. Community. City Engine. etc. Models shall depict building height, massing. and other details such as rooftop equio�ent which may visuallpact adjacent properties. The model analysis shall be in accordance with the following; 1. New construction of 10.000 gross square feet or less: Model of the development site. 2. New construction of 10.001 gross square feet to 100.000 gross square feet: Model of the development site and all properties and structures within a 100 foot radius of the development site, as measured from the property lines of the development site. 3. New construction of 100.001 gross square feet or more: Model of the development site and all properties within a 500 foot radius of the development site, as measured from the property lines of the development site. 4. Additional analysis and/or an expanded analysis area may be required based coon project location or potential development impacts. This may be required by the Planning and Zoning Director at my point in the process. 13 ORD. NO. 28-15 5. A Sight Line Study of all development consisting of two or more stories shall be submitted for review by the approving body. The study shall include a one or more two-dimensional cross section, at a minimum scale of 1:100, of the site showing the building with the equipment screening . relation to the adjacent properties (including views from upper stories) and/or the public street. 2. Graphic illustration showing that the equipment is not visible within a 200 foot radius. The radius shall be measured from the exterior side of the screen to a point 10 feet above finished grade. {4} 2 In established structures, uses shall be allowed therein upon application to and approval by the Chief Building Official for a Business Tax Receipt. �3 Site Plan Review and Appearance Board (SPRAB). For any new development requiring approval under Sections 2.4.5(F), 2.45(Il), or 2.4.5(I), approval must be granted by the Site Plan Review and Appearance Board (SPRAB), unless the property is located within a designated historic district or is individually designated (see subsection (3) below). In addition, the SPRAB has the following authority within the CBD: (a) — (� [NO CHANGES] (g) Recommend approval or denial to the City Commission of proposed architectural s , les and/or any addition of architectural styles for use in the CBD or modifications to the Delray Beach Central Business District Architectural Design Guidelines. Section 8. That Section 4.6.9(D)(11) of the Land Development Regulations, "Mechanical Parking Lifts" is hereby amended to read as follows: (11) Mechanical Parking Lifts: (a) Single level mechanical parking lifts ("Lifts' shall be integrated into a structure for the uses they serve, constructed with at least three walls and a roof, in accordance with Section 4.4.13 8 . , to provide adequate screening and containment of sound from operation of the lifts for the benefit of adjacent land uses. Section 9. That Section 4.6.18(B)(14) of the Land Development Regulations, "Buildings within the Downtown Area" is hereby deleted in its entirety, and is included as "Exhibit B." Section 10. That Appendix A of the land development regulations, "Definitions," shall be amended to add the following alphabetically: BUILDING ARTICULATION: Delineation that expresses distinct portions of a building, typically through changes in the location of the building facade, in building height, and fenestration patterns. FENESTRATION: The arrangement of windows and doors on the elevations of a building. ROOF EAVE: In pitched roofs, the cave is the lower edge of the roof which projects beyond the face of the wall. In flat roofs, the cave is the cantilevered portion of the roof which projects beyond the face of the wall. 14 ORD. NO. 28-15 TRIPARTITE: Consisting of three parts; in building facades, a base, a middle, a top. Section 11. That should any section or provision of this ordinance, or any paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid. Section 12. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 13. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2015. ATTEST: City Clerk First Reading: Second Reading: MAYOR 15 ORD. NO. 28-15 DELRAY BEACH CENTRAL BUSINESS DISTRICT ARCHITECTURAL DESIGN GUIDELINES NOVEMBER 2015 ;= -_ 9 j -,, It TREASURE COAST REGIONAL PLANNING COUNCIL TABLE OF CONTENTS Introduction......................................................................................2 Building Composition........................................................................3 Florida Vernacular ..............................................................................4 Anglo-Caribbean............................................................................. 17 Mediterranean Revival.....................................................................27 ClassicalTradition............................................................................37 ArtDeco........................................................................................47 MasonryModern.............................................................................57 Main Street Vernacular....................................................................67 Storefronts....................................................................................... 76 Balconies........................................................................................ 78 Authentic Architecture....................................................................80 M INTRODUCTION These guidelines are intended to provide a framework for the success- ful execution of quality urban architecture in the downtown area of Delray Beach. They address building composition, scale, and articu- lation to establish a measure of architectural harmony that accom- modates diverse styles and uses. The guidelines are also intended to facilitate the review process by making the architectural expectations of the community clear. Seven architectural styles are identified as appropriate for downtown Delray Beach based on historical precedent, climate, and building scale: Florida Vernacular, Anglo -Caribbean, Mediterranean Revival, Classical Tradition, Art Deco, Masonry Modern, and Main Street Ver- nacular. These styles are purposefully broad in their categorizations in order to provide a wide range of detailing options. However, it is important to note that "eclectic" stylistic interpretations that mix styles or apply historic details to modern forms are discouraged. Departures from these seven styles are not encouraged, but will be considered. If a different style is proposed, applicants should provide the following documentation to City Staff and approving bodies: 1) A description including images (similar to those in these guide- lines) of a documented and substantiated Florida vernacular ar- chitecture; 2) A justification of the appropriateness of the style for downtown Delray Beach; and 3) An explanation of how the building design follows the pro- posed style. The utmost intention is for architecture to be authentic and true to style. BUILDING COMPOSITION The historic Delray Beach development pattern occurred on lots gen- erally ranging from 25 to 150 feet wide. Recent construction patterns have agglomerated multiple properties into much larger parcels, often on half or full city blocks. This newer pattern has raised concern about maintaining the character of the city. The size of a building is not the same as its scale. Building scale can be affected by building articulation and facade design. Building articulations may occur in elevation (building height) or in plan (building placement) or both. Building articulations should re- flect a meaningful relationship with the urban condition. Building articulation, especially proposed tower elements, should respond to corner conditions, public open spaces, the visual axis of a street, and/ or main building entries. Using a pre -determined increment of shift in the building height or position will not result in the desired, authentic pattern. Similarly, alternating bays that do not respond to building program or urban surroundings can appear overly simplistic. Building facades shall be composed so that proportions generally do not exceed height to width ratios of 3:1 or 1:3. The facade composi- tion should be reinforced by fenestration patterns and architectural elements. F1 Li Ij ►� f� CI eiews,o is `' w a�� ieidsae �QIj d Cl �� Ir 2:1 Bay 1:1 Bay 1:1.5 Bay DIAG. I LACADL PROPORTION. For all styles, facade compositions should be com- prised of a series of bays. Even the Art Deco and Masonry Modern styles, which have streamlined, horizontal elements, should also meet the bay proportions. 3 Buildings designed using any of the Delray Beach architectural styles should have a base, a middle, and a top. The base is the most impor- tant part of the building because passersby come into direct contact with this portion of the building. The base should be constructed of the most durable and highest quality materials. The base provides a visual termination to the building, demonstrating that the building is solidly anchored to the ground. The base may be expressed in a num- ber of ways as shown in Diagram 2. Ile DIAG. 2 BASE. For buildings one to two stories tall, the base may be expressed in a number of ways. For "smaller buildings" (one to two stories tall), the base may be ex- pressed by the visible thickening of the wall surface, which may be ac- companied by a change of material or color. For one story buildings, the facade may express the storefront base, windows, and parapet as the building base, middle, and top. For buildings three or four stories in height, the base of the building is the first story. For all buildings, a transition line is required at the top of the first story to establish cohesion between adjacent buildings. The transition line may be a molding or cornice. The transition line should be reinforced by the location of other architectural elements such as awnings on the first story or balconies and window sills on the second story. The tran- sition line should not be covered by signage or awnings. Significant architectural features, such as tower elements, columns, or pilasters may interrupt the transition line. The Delray Beach land development code requires a setback at the top of the third story, so the top of a four-story building will gener- ally be defined by the fourth story. Towers may receive relief from the setback requirement from the SPRAB and should reflect the top using techniques such as changes in fenestration patterns, moldings, balcony elements, etc. For buildings one to three stories tall, the top may be expressed in the parapet or roofline. © iimelduum uuuum� ifwmiu� uw.iwwnnniwwwiwmo�xuw moowU, nnnn LI [l G CI �- - ® � ui�wuw�iix:in�i�en�iwr�u m DIAG. 3 FACADE COMPOSITION. Towers respond to the corners of the building and emphasize entries. The central portion is articulated by balconies and loggias. s FLORIDA VERNACULAR The Florida Vernacular is a style of archi- tecture native to the region, most typically constructed with a wooden frame and fin- ished with wood siding. The origins of the style are adapted from multiple sources, including the Victorian (more common in the northern states), the Southern Plan- tation home, the Florida Cracker, and Florida Craftsman styles. The classical temple is heavily referenced in the Flori- da vernacular, as evidenced by gable -roof ends facing the street and simplified clas- sical detailing. The front facade is often composed of double -height or stacked porches. Jw,w,wm.w*,, 4 At, `J� # a FLORIDA VERNACULAR Defining Characteristics Roofs of the primary structure are typically gabled with a slope be- tween 6:12 and 12:12 Roofing materials consist of standing seam or "V" crimp metal, as- phalt shingles or wooden shakes. Roof overhangs are typically deep, between two and four feet, and have exposed rafter tails. Fascias on the gabled ends are deeper than those exposed along the eaves. When attic spaces exist, they are vented at the gable ends underneath the ridge and/or where the rafters meet the wall under the eaves. Exterior finishes are usually horizontal wood lap -siding, vertical board and batten, or wood shingles. Siding typically exposes 4"-6" to the weather, which is terminated with corner boards at building edges. Stucco finishes are also appropriate, though less common. Modern day building materials also include fiber cement siding. Doors and windows are vertically proportioned with wooden sur- rounds and sills. Horizontally proportioned openings are made of a groupings of vertical windows. Windows are always operable and historically double -hung, though casements and single -hung are also appropriate. The style uses a small palette of window and door sizes. Porches are integral to the style and prominent on the front facades. Porches extend along a large percentage of the ground floor eleva- tions, often wrapping the corners to continue at some length along side facades. Porch roofs are supported by posts positioned to cre- ate vertical or square openings between them. Porches are typically quite deep (at least 8 feet), creating outdoor rooms. The porch roof may have a different slope than that of the primary building, however, detailing and overhang depths should be consistent. The Florida Wood Vernacular building frequently has a raised, con- tinuous base. Historically, the raised base protected the building from potential flooding, provided a measure of privacy for residences, and concealed a crawl space that allowed for ventilation. FLORIDA VERNACULAR An Example in the Style Roof slope: Approximately 6:12; roof material: galvanized metal Gable end of roof facing the street Attic vent centered on gable ends for cross ventilation Porch facing the street, commonly 2 stories in height or stacked Vertically proportioned and aligned openings Decorative railing Horizontal siding with vertical wood trim at the corners Square posts establishing a vertical bay spacing Large windows with operable shutters, appropriately sized to cover the opening, and classically inspired decorative trim work Simplified classical detailing and trim Elevated base for privacy for residences and, historically, for air flow MIXED-USE BUILDING, KEY WEST, FL. The composition of this building places the commercial use at the corner to ensure visibility and access from two streets, empha- sized by the gable end. The body of the building has an elevated two-story porch setback from the sidewalk. The roof space is habitable and is naturally lit with dormer windows. AUDUBON HOUSE, KEY WEST, FL. This building has a classical, symmetrical compo- sition. The ground -story porch has simplified classical columns. Operable shutters are sized proportionally to the openings they cover. 12 THE GRAND FLORIDIAN, LAKE BUENA VISTA, FL. This hotel is more expressive of its Victorian origins than most Florida Vernacular examples. This example demonstrates a three-story composition, with the fourth story contained within roof space, an ap- propriate method for this type of architecture to implement the required upper setback. HOUSE IN NASSAU, BAHAMAS In this example from Nassau, a balcony provides shade by projecting over the front entrance. The balcony is supported by brackets. A common detail is demonstrated in the roof; the slope changes as the second -story porch roof engages the primary building's roof. 13 FLORIDA VERNACULAR Building Composition r- - - - - - - - - - - - - - - - - Pik-" I I I I I L- - - - - - - - - - - - - - - - - J 14 Key Massing Elements of the Florida Vernacular language display one to three volumetric components and can be symmetrically or asym- metrically composed. If more than one building volume is used, different roof pitch orientation and building placement distinguish among them. Massing utilizing three building volumes frequently es- tablish a symmetrical composition. Historically constructed of wood, the Florida Vernacular style is gen- erally more appropriate for smaller scale, free-standing buildings no more than three stories high. Florida Vernacular architecture is com- posed of a first story base, a one or two-story middle, with a pitched roof, typically occupiable, defining the top. The base always incorpo- rates a porch or arcade, or provides shade from a projecting second story balcony or awning that are integral elements of the building. The main building facade has a regular rhythmic pattern set by the intercolumniation of the porch and continued by the vertically pro- portioned windows and doors. The facade is composed of repetitive bays and a limited palette of window and door sizes. Distinguishing elements of the Florida Vernacular Architecture can also be found at the top. Elements such as feature windows, viewing terraces, articulated chimney caps, attic vents, and dormers generally populate the tops of buildings. The building form prescribed in the Central Business District requires the fourth story setback to reduce visual impact to the street. This type of shift in building form is not common to the Florida Vernacu- lar. In the Florida Vernacular style, this recess is more appropriately achieved by utilizing the occupiable area under a pitched roof as the fourth story to achieve the same intent. 15 ANGLO- CAP, IBBEAN Anglo -Caribbean architecture is often considered an eclectic style, common to the British -settled isles of the Caribbean and influenced by Portuguese, Dutch, French, and Spanish colonizations. An- glo -Caribbean architecture is character- ized by wooden upper floors and roofs historically added over time to the mason- ry ground floors of initial settlements. The style today often references this through a change in material between floors or as a predominantly masonry construction with sculptural transitions between hori- zontal and vertical areas, incorporating wood building features. 17 i A 72 MAIN STREET, ROSEMARY BEACH, EL. 18 ANGLO- CAP, IBBEAN Defining Characteristics Roofs are typically hipped with slopes are between 4:12 and 8:12. Parapet walls are used to contain roof ends and are common sculp- tural features on front facades. Roofing materials consist of standing seam or "V" crimp metal, wood or asphalt shingles, or slate. Roof overhangs are usually deep with exposed rafter tails and thin eaves. Often, the overhang will extend from the beam at a more shal- low slope creating a canted roof. Brackets are often used to support the overhang. Anglo -Caribbean architecture expresses weight and compression, therefore the corners are thick to reflect solidity of the structure. The exterior finish is predominantly smooth stucco. Colors tend to be subtle with an emphasis on natural materials and earth tones. Second story balconies and two-story porches are distinguishing fea- tures of the Anglo -Caribbean style. Balconies are generally made of wood and are supported by brackets. The balcony is usually roofed and may support another balcony above it. Detailing and ornamentation is very simple and tectonic in its usage. Windows and doors are vertically proportioned. Openings for doors and windows are recessed, casting shadows and revealing the thick- ness and solidity of the structure. Windows can have divided lights, single lights, and may borrow light configuration from the FloridaVer- naculars style. Windows are most commonly double -hung or case- ment type (though single -hung is also appropriate) and have a stone or stucco sill. Window surrounds are minimal; when they exist, sur- rounds are made of stucco or stone. Doors surrounds are more promi- nent and sculptural in design. Columns, posts, railings, brackets, louvered openings, and shutters are all elements definitive of the style. 19 ANGLO- CAP, IBBEAN An Example in the Style Roof slope: Approximately 8:12; roof material: galvanized metal. Parapet walls contain roof ends Sculptural parapet wall Double height wood balcony Vertically proportioned openings Wood -framed balcony Vertically proportioned and aligned openings Wood brackets and floor joists Ground -story french doors facing the street as part of a storefront Visually strengthened corners 21 57 GOVLRNORS COURT, ALYS BLACH, LL. Anglo -Caribbean architecture typically elaborates and sculptural shapes masonry elements. Generally this detailing occurs on the parapets, chimneys, entries, and stairways. WATERCOLOR, LL. Designed by Cooper Robertson, this is an excellent example of a recently constructed Anglo -Caribbean building. The building clearly expresses the base, middle, and top. The design incorporates varied detailing adding richness to the simple facade. 22 WILLEMSTAD, CURACAO: The origin of the style has European roots and vernacular adaptations from the Caribbean. Curacao shows some of the Dutch and Portuguese in- fluence that was introduced to the region in the colonial era. The embellished parapet walls and steeper roof pitches remain central compositional features of the style. FRENCH QUARTER, NEW ORLEANS, LA. New Orleans was founded by the French, and occupied by the Spanish before being part of the Louisiana purchase. This eclectic style includes stacked porches, surrounding masonry structures, awnings, and expres- sive parapet and end walls. 23 ANGLO- CAP, IBBEAN Building Composition I------------------ I 24 Anglo-Caribbean architecture may be symmetrical or asymmetrical in composition and is typically composed of multiple building vol- umes of varying heights, widths, and functions assembled to form a single structure. The purposeful arrangement of multiple architectural forms creates small courtyards and passageways within the mass of the building that allow access to additional units or amenities beyond the primary elevation. Volumetric setbacks and intentional misalignment between building masses often result in opportunities for balconies, porches, and terraces. These elements help define the style and create an interesting, memorable composition. The walls of the buildings are generally stuccoed masonry, though up- per floors may be finished in wood. The wall openings are relatively small compared to the expanse of the building's facade. Elements such as exterior stairs, chimneys, stoops and benches are sculptural in nature and help provide visual interest to the otherwise straightfor- ward, sober forms of the building. Details such as terrace roofs, rail- ings, and balconies are commonly finished in wood, however, metal railings are also common, with more decorative designs found on buildings with French influences. 25 MEDITERRANEAN REVIVAL Mediterranean Revival is a style introduced pri- marily in Florida and California at the end of the 19th and beginning of the 20th centuries. The style references the architecture of the Mediter- ranean, especially that of the Beaux-Arts, the Venetian Gothic, and the Spanish and Italian Renaissance. In Florida, Spanish Colonial and Mission architecture also emerged, largely used for hotels and civic buildings. The principal mass of a Mediterranean Revival building is typ- ically rectangular in plan, with elements such as towers, loggias, porches, balconies, chimneys, and garden walls added for compositional ef- fect. The language of classical architecture is referenced by the use of the Classical Orders (columns, profiles, and details) but Mediterra- nean Revival does not follow the stricter rules of symmetry and superimposition of the Classi- cal style. Spanish Mission uses similar elements and composition, but is less ornate with fewer facade openings. 27 VIA MIZNLR, PALM BLACH, LL. Architect: Addison Mizner. MEDITERRANEAN REVIVAL Defining Characteristics Roofs of the primary structure are hipped, gabled, or a combination of both. Roof slopes are shallow and are sloped between 3:12 and 6:12. Roofing materials consist of barrel tile, Spanish "S" tile, or flat con- crete ti le. Roof overhangs vary from deep to having no overhang at all. When deep overhangs exist, they are supported by sizable wooden brackets. Roofs without overhangs are finished with a molded cornice. The Mediterranean Revival building is typified as ornate, asymmetri- cal, and eclectic. Columns, posts, wooden and masonry balustrades, and brackets are contributing elements of the style. It is common to have multiple building volumes and varied interior and exterior spaces. Building massing is commonly irregular, with a variety of shapes and heights. Exterior finishes are almost exclusively stucco. Buildings are colored with soft earth tones and contrasting colors frequently highlight re- cessed areas such as loggias and porches. Brackets, balconies, porches, shutters, and other elements are wood, iron, or stone. Windows and doors are of vertical and/or square proportions with the occasional round, oval or ornamental window used as a facade accent. Openings for doors and windows are recessed, casting deep shadows revealing the thickness and solidity of the structure. Win- dows have divided lights and are commonly double -hung, single - hung, or casement. Window and door surrounds are minimal and are made of stucco or stone. Defining characteristics of the Mediterranean Revival architecture in- clude attached porches, balconies, courtyards, towers, loggias, and arched openings. 29 Drawing documentation by: Catherine Kirchoff, University of Miami, School of Archi- tecture, Joanna Lombard, Catherine Lynn, Veruska Vazcona, faculty. MEDITERRANEAN REVIVAL An Example in the Style Hipped Roof with Barrel Tile Upper floor room embellished with arched openings Smooth stucco finish Misaligned openings occasionally occur in facade composition Balcony Vertically proportioned openings Building is composed of multiple massings of varying sizes and heights Metal railing Arcade projects over the sidewalk Arched openings Stone cladding on column bases and arches Elevation along Worth Avenue, Palm Beach, FL. This elevation depicts the varying massing of a Mediterranean Revival building and the use of multiple building volumes. 31 150 WORTH AVLNUL PALM BLACH, LL. This mixed use commercial building has a multi -leveled parking garage integrated into its design; however, the variation of heights and the use of arcades and loggias and an interior courtyard help break down the mass and make the building compatible in scale with the surrounding context. LVLRGLADLS CLUB, PALM BLACH, LL. This famous club was designed by architect Addison Mizner. The building extends along most of a city block, however, the compo- sition of the massing is artfully broken up into smaller increments. The result is multiple building volumes providing a rich visual environment along the sidewalk and street. I AM TRUST BANK, CORAL GABLLS, H_. This building has a variety of compositional devises, including loggias and balconies, that reduced the visual scale of a relatively large building. The significant outdoor spaces within the mass of the building are all covered - an important characteristic in the Florida environment. OLD POLICL STATION, HONOLULU, HI. The Mediterranean Revival style is often asymmetrical and varied in its composition. In this example, a classically articulated entrance is placed at the corner, while the building's mass is varied to create visual interest and compose a well-proportioned building volume. 33 MEDITERRANEAN REVIVAL Building Composition ---------------- - - - - - � i 34 The Mediterranean Revival style is highly articulated with varied mass- ing and architectural features. Towers, balconies, loggias, porticos, chimneys, trellises, and exterior staircases are assembled to form pic- turesque buildings. The result is buildings that are rich in shade and shadow, with multiple building volumes and setbacks, and varied building heights. Building composition is typically asymmetrical. Base, middle, and top are defined by moldings, changes in window pattern and size, and cornice lines. Arcades and loggias are also commonly used to rein- force the base, middle, and/or top of the building. The base building form in the Central Business District (CBD) requires the fourth story setback to reduce visual impact to the street. In the Mediterranean Revival style, this recessed area is appropriate for ter- races and to achieve variations in building height and mass. A tower is a desirable element in the style and, if designed as a distinctive, well-proportioned element, should provide relief from the continuous recess line. 35 CLASSICAL TRADITION "Classical" Architecture can be defined as the architecture of ancient Greece and Rome. Classicism uses a specific vocabu- lary, "the orders," which provide a specif- ic and detailed design framework. Books written about Classical architecture by ar- chitects such as Vitruvius, Alberti, Serlio, and Palladio, remain relevant today and should be referenced when designing a Classical building. 37 BUILDING FOR TIFFANY AND CO., NLW YORK. Architect: McKim, Mead and White, 1906. 38 CLASSICAL TRADITION Defining Characteristics Roofs of the primary structure are hipped, gabled, or a combination of both. Roof slopes are shallow and are sloped between 3:12 and 6:12. Roofing materials can vary. Shingle, barrel tile and pan, Spanish "S" tile, or the flat concrete tiles are all acceptable. The elements of a Classical building are arranged in a rational, sym- metrical manner. The facade has a base, middle, and top clearly evi- dent on the facade. Bay spacing for windows, colonnades, and ar- cades are vertical in proportion and generally odd in number. Classicism is an architecture that expresses weight and compression, therefore the corners are wide to reflect solidity of the structure. Col- umns support the weight of beams and brackets support cantilevers. Exterior finishes can be wood or masonry. The scale of classical ele- ments corresponds to the material. Masonry columns, for example, are proportioned with ratios of 1:7 to 1:10, while a wood post can be much thinner. Windows and doors are of vertical and/or square proportions with the occasional round, oval, or ornamental window. Openings for doors and windows are deep, cast shadows, and give the impression of thickness and solidity. Windows should be double -hung, single - hung, or casement. Window and door architraves, when they exist, are made of wood or stone. The attached porches and balconies are common elements. Loggias located within the volume of buildings, serving as covered outdoor circulation between rooms, are also common elements. Building in the classical tradition today is a direct translation of the cannons of the classical orders. Pedestals, columns, and entabla- tures categorically related to the Tuscan, Doric, Ionic, Corinthian, and Composite orders. 39 CLASSICAL TRADITION An Example in the Style Hipped roof with barrel tile roof Entablature, appropriately scaled to height of building The classical "orders" are used to organize the facade by establishing a proportional framework that all architectural elements follow. Vertically proportioned openings, centered in bays and aligned be- tween the floors above and below. Arches reference Roman classicism. Post and lintel motifs reference Greek precedents. Balcony composed of column pedestals and balustrade Entablatures help establish a clearly articulated base, middle, and top to the building Properly proportioned columns reference an historic treatise on clas- sical architecture (e.g. Palladio, Serlio, Vignola) Columns have clearly distinguished bases, bodies, and capitals The entrances to the building are evident and embellished 41 TOTTENHAM COURT ROAD, COMMERCIAL BUILDING, LONDON This recently constructed commercial building was designed by QuinlinTerry. The six -story building is cleverly disguised in a three-story composition. This play of scale maintains classical proportions while making the building appear smaller. THE BETSY ROSS, MIAMI BEACH, FL. This hotel has a classical, symmetrical facade with a double -height porch in the center flanked by volumes with simple gabled ends. Windows align in vertical pattern. The modest detailing is also consistent with Florida Vernacular architecture's application of classical trim. 42 COMMUNITY FOUNDATION, WEST PALM BEACH, EL. This building, designed in the Classical Tradition by Portuondo Perotti Architects and constructed in the early 2000s, has a clearly articulated base, central mass, and top. Classical detailing is expressed in the double -height loggia, bracketed masonry balconies, and a symmetrically balanced facade. JENSEN BEACH COMMUNITY CENTER, JENSEN BEACH, EL. Constructed in 2010, the civic building provides a Classical example in the Florida Vernacular tradition. The stuccoed first story creates the building's base, with the upper story finished in siding. A prominent porch overlooks the street, expanding the main congregational space in the second story. 43 CLASSICAL TRADITION Building Composition -------------------- L- - - - - - - - - - - - - - - - - - - - 44 Classical architecture is based on a set of well-defined guiding prin- ciples that ensure proper proportion and form. These principles es- tablish guidelines by which a building facade can be designed. Fun- damental to the style is a three-part ordering system that expresses a base, middle and top to every building. The origin of this system is based on the five "orders" of classical architecture. They are the Tuscan, Doric, Ionic, Corinthian, and Composite. Each order has dif- ferent relative proportions based on column diameter. TYPE OF ORDER NAMES OF FEATURES DORIC TUSCAN DORIC IONIC COMPOSITE PERSPECTIVE VIEW ° � CORNICE ma ePo 12 3/4 3/4 7/8 f 2 2 3/4 R4 v2 2 3�4 2!4 &8 2 �z 3,4 FRIEZE 3/4 12 1/2 SB 3/4 CAPITAL 12 1/2 1/2 1/ 7/846 T!F 7 1, 8 7 9 8 10 8_ V2 1/2 1/2 1/2 .E GAP THE GIP LS ONE NINTH THE MQHT OF THE PEDESTAL PEDESTAL. 1/3 DIE mWanTs� Fn wm x HAS. &158 IS T WO NIMHS T!@ HEIGHT OF Tlie PEOPSVil. THL AMLRICAN VIGNOLA, WILLIAM ROBLRT WARL (1901) Today, Classicism is often abstracted and simplified. Many of the details common to Classical buildings from antiquity are simplified, however, what remains fundamental is the underlying proportional system. Bay spacing is vertically proportioned and can continue un- interrupted on buildings of great length. Corners are visually strength- ened. Facades are symmetrical, rational and rhythmic. The palette of window and door openings is limited. 45 ART DECO .... 111111YE1111C Mi is ii ii ME ■■ WE ME u`no ME Mo ME ME nn No ME IS Midi mid _.. Art Deco is an influential modern design style that first appeared in France post WWI. It is an eclectic style, borrowing traditional craft details and incorporat- ing influences from the streamlined ma- chine age. The popularity of the Art Deco waned post WWI I, although it is often ref- erenced in modern architectural design. While stone typically was used in north- ern examples of the Art Deco, masonry and stucco with vivid color highlights are common in Florida. 47 THL COLONY HOTLL, MIAMI BLACH, LL.. Architect: Henry Hohouser, 1935. 48 ART DECO Defining Characteristics Roofs of the primary structure are flat with concealing parapets. Parapets are embellished with ornamentation. Integrated signage is an important characteristic of the Art Deco Abstract figures and geometries often adorn the exterior of an Art Deco building. In Florida, the flora and fauna native to the region are often represented in panels between windows, or in the signage, parapet, and base of the building. Art Deco is associated with streamlined design. Corners are often rounded and horizontal lines are expressed. Individual elements such as towers and signage are vertically oriented. Cantilevered eyebrows are a defining characteristic of Florida Art Deco. They provide needed shade to the interior spaces. Exterior finishes in the Florida Art Deco style are almost exclusively stucco and colored with light, neutral, or pastel colors. Ornamenta- tion is often highlighted to provide a contrast to building mass. Arched openings are not typically used in Art Deco architecture. Openings for doors and windows are recessed, casting deep shadows revealing the thickness and solidity of the structure. Windows are commonly located at corners, emphasizing the horizon- tal composition of the building facade and expressing modern build- ing structural advancement. Raised terraces located at the ground level of an Art Deco building are common and help transition between public and private spaces. These terraces are typically defined by a low perimeter wall. 49 ART DECO An Example in the Style Flat roof concealed by ornamental masonry parapet Smooth stucco finish Integrated signage with modern font type Cantilevered masonry eyebrows Metal framed windows often located at the corners of the building Simple geometric stucco reliefs Horizontal, streamlined metal ornament Metal doors with large glass openings and decorative hardware Masonry stoop leading to entrance 51 OFFICE BUILDING, MIAMI, FL. This Art Deco example has a three-story central mass, and two-story wings. Art Deco motifs including articulated parapets and corners deco- rate a fairly simple geometric massing. At ground level, large store -front openings help provide visual interest for pedestrians. THE CARLYLE, MIAMI BEACH, FL. Nautical references are apparent in this Miami Beach hotel. Three centralized vertical piers stretch above the building's parapet and culminate with metal mast -like poles. The streamlined style, popular in the era, is evi- dent in the rounded corners of the building, and the recessed ground floor. 52 ALBION HOTLL, MIAMI BLACH, FL. This building has a horizontal composition, ac- centuated by vertical windows aggregated to fill horizontal masonry openings. The building has long, linear eyebrows, further emphasizing the horizontal lines. The cor- ner, however, is vertically composed with a decorative tower used to display the name of the hotel. THL BRLAKWATLR, MIAMI BLACH, FL. This Art Deco hotel on Ocean Drive in Mi- ami Beach emphasizes the name of the hotel on a central marque and is symmetrically composed to either side of it. Wide awning windows are pushed to the extreme ends of the walls, and concrete eyebrows provide necessary shade. 53 ART DECO Building Composition -------------- - - - - - i i i �- - - - - - - - - - - - - - - - - - - J 54 Art Deco is an architectural language with both traditional and mod- ern influences. The strong horizontal lines of an Art Deco building in Florida are typically juxtaposed to vertical features such as towers and marquees that mark the building entrances. Elements include clearly marked entrances, shaded storefronts, cantilevered eyebrows for pro- tection from sun and rain. The components that make up an Art Deco building are influenced by modern architecture. Roof top terraces, ribbon windows that often turn buildings' corners, and streamlined horizontal details all embody a more modern aesthetic and express advances in building tectonic. Unlike its European and northern American predecessors, examples of Art Deco buildings in South Florida are typically finished with painted stucco instead of stone. Details abstractly depicting the local flora and fauna are incorporated into the stucco and are often painted with contrasting colors. 55 MASONRY MODERN The Masonry Modern style of architecture is defined by its rational load bearing con- struction technique, its system of punched openings (vs. large expansive walls of windows) and its limited ornament. Stuc- co is the prevalent building finish in the Masonry Modern style. Stone and wood details are used to soften the stark modern forms of the building mass. 57 MIXED USE BUILDING, SEASIDE, FL. Architect: Merrill, Pastor, & Colgan Architects MASONRY MODERN Defining Characteristics Roofs of the primary structure are often flat or based on pure geomet- ric form. Flat roofs are frequently utilized for terraces. Stairway access rooms are often embellished and sculptural in nature. Masonry Modern architecture emphasizes the solidity of the mass. The geometry of the building appears to be carved from a solid vol- ume. Exterior finishes in the Masonry Modern language are typically stucco. In Florida, the color palette reference Art Deco, comprised primarily of whites and creams, with sea greens and blues highlighting details. Darker hues may highlight the bases of buildings, or emphasize deep- er recesses of porches or loggias. The ratio of glass to wall emphasizes the solidity of the structure. Windows are typically recessed back from the exterior face of the building, producing deep shadows and revealing the thickness of the wall. Window types are typically casement or fixed -pane with transom openings, though single or double -hung may be used. The tripartite composition (lower, middle, upper) characteristic of other styles is present in the Masonry Modern language. The public nature of the ground floor of a commercial building is emphasized with more glass, middle portions of the building are more solid, and the top often incorporates usable exterior spaces including loggias and terraces. The Masonry Modern architecture of South Florida is a rationally composed style of architecture. The structural system of the building is clearly expressed in the building's exterior. 59 MASONRY MODERN An Example in the Style The upper part of building is marked with special features such as rooftop terraces or sculptural stairwell roofs. Parapet wall extends to enclose accessible roof terrace. Window proportion is vertical, when aggregated, the masonry open- ing can be square or horizontal; divided lites can create square or vertical proportions. Composition of building reflects solidity of structural system, uses simple geometries, and includes spaces carved from the mass to cre- ate entries or terraces. Smooth stucco; precast and stone are also appropriate. Railings are metal, wood, or extensions of solid walls. Eyebrows, terraces, arcades, or deep roof overhangs provide shade. Entrance to building is clearly identifiable. Like more classically inspired buildings, the Modern Masonry build- ing has an articulated base, middle, and top. 61 DESIGN DISTRICT, MIAMI, FL. This pair of buildings designed by Cure & Penebad (left) and Khoury & Vogt (right) help frame anew street in the design district. Both dem- onstrate how good proportions, elegant detailing, and sensitivity to the public realm can produce a beautiful street composition. AQUA, MIAMI BEACH, FL. This house by Suzanne Martinson illustrates a tripartite composition with punched openings and carved spaces creating outdoor terraces. Pho- tograph by Steven Brooks Architectural Photography and Prints. 62 ALA THE HYBRID, SEASIDE, FL. Designed by Steven Holl Architects, the building has a continuous arcade facing the central town square. The building houses a broad mix of uses with retail located along the sidewalk, offices in the second story, and residential uses in upper stories. The main roof geometry is curved. AQUA, MIAMI BEACH, FL. The BDA Island home is located in Aqua on Allison Island, an 8.5 acre private island. This home has simple, elegant geometries and incorporates deep overhangs and outdoor spaces. Image Source: aqua.net 63 MASONRY MODERN Building Composition - - - - - - - - - - - - - - - - - i L- - - - - - - - - - - - - - - - - J 64 In Florida, Masonry Modern architecture refers to a global building style adapted to the environmental context of South Florida. It is an architectural language noteworthy for its rationally expressed struc- tural system and its minimal use of building ornamentation. Pure geo- metric forms are emphasized in the overall volumetric layout. Buildings in the Masonry Modern style maintain an organizing frame- work of a base and a top for two-story structures and a base, middle, and top for taller buildings. Exterior spaces are frequently incorporated into the facade, creating articulations in the volume and composition of the building. Walls are often extended as columns or railings, though simple metal pipe railings are also common. Shading devices including louvers, cantile- vered eyebrows, and vertical sun shades are elements of the architec- ture. Boxing around windows should be avoided as it can result in a dated, rather than modern look. The exterior finish in a Masonry Modern building is almost exclusively stucco. Stone or wood accents are common. Masonry openings can be vertical or horizontal, but the windows themselves should be vertically proportioned. Windows maintain simple geometries but can be larger, with fewer dividing lights than found in other styles and curtain walls are appro- priate in this style, though limited to upper stories. IZO>* Ug, % 77 The volumetric layout of a Modern Masonry building starts with a solid mass and is "carved" away, creating outdoor spaces. 65 MAIN STREET VERNACULAR The Main Street Vernacular is a style of architecture that encompasses the tradi- tional commercial and mixed-use build- ings that have shaped successful main streets throughout the region since the 1900s. Storefronts line the sidewalk and frequently, one or two upper stories con- tain offices or residences. The buildings are structurally simple, comprised of a bay or series of bays and openings that are aligned over each other. Depending upon the era of construction, the buildings may have only simple cornice lines at the top of the first story and on the parapet or may incorporate ornamentation in the form of friezes, gilding, keystones, and quoins. 67 CLEMATIS STREET, WEST PALM BEACH, FL. This Main Street Vernacular building provides an example finished in brick. The facade is composed of a series of vertically proportioned bays containing storefronts and second story offices. Note the same window size is used singularly or grouped in two. Ornamenta- tion is found in the lintels and brick detail of the parapet cornice line. 68 MAIN STREET VERNACULAR Defining Characteristics Roofs of the primary structure are flat with concealing parapets. Exterior finishes in the Main Street Vernacular language are typically smooth stucco or brick; wood is rarely used. The composition of the building is simple, usually a simple bay or series of vertically -proportioned bays containing storefronts along the sidewalk. Storefront windows are typically fixed -pane with transom openings and sit on a knee wall one to three feet in height. Modern day materi- als occasionally employ a series of doors to open restaurants to the sidewalk. Openings are vertically -proportioned with simple sills and surrounds. Horizontally -proportioned openings are made of a grouping of verti- cal windows or doors. Main Street Vernacular utilizes a limited pal- ette of opening sizes. Storefronts are designed to accommodate shade for pedestrians, either by incorporating upper story balconies, cantilevered overhangs, or at- tached awnings. Windows on upper stories may have shutters or awnings. A cornice line is located between the first and second stories and along the parapet. If other ornamentation is incorporated, it is typical- ly expressed in the parapet, between window bays, or around entries and may be classical in nature or reflective of native flora or fauna 69 ININ LE R.I.Elml. Imim NINON 1 U11110:111 1111101 E Main Street Store I Little Store I OFFICE 1 MAIN STREET VERNACULAR An Example in the Style The parapet has a cornice and may incorporate ornamentation Composition of building is comprised of a series of vertically propor- tioned bays Smooth stucco finish Windows are vertically proportioned and aligned; when grouped, the masonry openings may be square or horizontal A transition line is incorporated between the first and second stories Entrance to upper story uses is clearly identifiable. First story is largely comprised of storefronts. 71 WAN MIXED-USE BUILDING, WEST PALM BEACH, FL. This Main Street Vernacular example has a symmetrical facade comprised of three bays, with the center emphasizing entry to the store. Ornamentation is limited to a simple cornice line between the first and sec- ond stories and an articulated parapet. Shade is provided from awnings and street trees. 49 SW FLAGLER AVE. STUART, FL. A mixed use building with storefronts on the ground floor and an entry providing access to upper story offices. The facade is comprised of a three bays. Ornamentation is a simple cornice line between the first and second stories, an articulated parapet, and lintels over second story windows. 72 CLEMATIS CENTRE, WEST PALM BEACH, FL. This two-story building contains stores in the first story and residences in the second story. The facade is comprised of a series of storefronts and regularly spaced, vertically -proportioned windows with shutters in the second story. 1913 S. DIXIE HIGHWAY, WEST PALM BEACH, FL. This shop illustrates the type of orna- mental friezes and pilasters that were frequently incorporated in the 1920s. Buildings remain simple in form with decorative elements typically applied between bays, around openings, or within parapets. 73 MAIN STREET VERNACULAR Building Composition I- - - - - - - - - - - - - I I I L- - - - - - - - - - - - - J 74 Main Street Vernacular architecture is very simple, with few articula- tions in elevation or plan. Historically, buildings were constructed on one to three lots so the collection of attached, individual buildings provided visual interest. Main Street Vernacular architecture is commonly composed of a first story base, a one or two-story middle, with an articulated parapet, defining the top. The base always incorporates storefronts, and may have an arcade. The facade is composed of a series of vertically -proportioned bays of aligned windows over storefronts. The architecture uses a limited palette of window and door sizes. Distinguishing elements of Main Street Vernacular include awnings, eyebrows or arcades on the first story to shelter pedestrians. Awnings and shutters are also common on upper stories. Railings and balco- nies may be wood or metal. Ornamentation is found along the para- pet or can be incorporated between bays or to distinguish prominent building entrances. The building form prescribed in the Central Business District requires the fourth story setback to reduce visual impact to the street. This required recess would define the top. 75 STOREFRONTS Applies to All Styles Storefronts are required for the ground floor of all buildings located on streets designated with Required Retail Frontage and may be incorpo- rated on any building in the Central Business District. In order to maintain the historic pattern of development that defines downtown Delray Beach's character, the maximum width of an indi- vidual store or restaurant on the ground floor adjacent to the street is 75 feet on Atlantic Avenue, Pineapple Grove Way, and Ocean Boule- vard. Stores and restaurants in other locations do not have a size limit. Storefronts are generally composed of a base, one to three feet tall, with clear glazing that extends from the base to at least eight feet above the sidewalk level. Commercial windows and doors extend along at least 80% of the length of the facade of the space. The base ensures structural resiliency in response to both climate and street - front location pressures. The proper position of glazing on the facade ensures pedestrians are afforded a view of the merchandise and an interesting urban environment. The location and lighting of signage is integral to the facade design. Storefronts may incorporate arcades or awnings to provide shade and shelter. All of these elements can be successfully composed in a traditional architecture or modern de- signs. 0 E 0 E a E 0 Transition LineL Signage SEEEEt Shoptrant Shoptront F=_ 1Shop Apta Glazing i // // //9,11ell" //Base A. Building Width B. Retail Space Width C C C C. Window & Door Openings B Equal at least 801% of B. 10 76 155 MAIN STREET SALT LAKE CITY, UTAH This storefront has a facade with a high base, framed openings, and traditional detailing. Though the overall facade transpar- ency is lower using a taller base line, the location of the windows provide a clear view into the store for passersby. 244 WORTH AVENUE PALM BEACH, FL. This storefront is a modern, sleek design. The clean lines, colors, and materials result in a minimalistic facade that supports the main street environment. 77 BALCONIES Applies to All Styles Balconies are an important asset in downtown living. The detailing and design of balconies shall be consistent with the style of architec- ture. Each style section discusses appropriate materials and elements for balconies. Generally, buildings in the Florida Vernacular, Anglo - Caribbean, Mediterranean Revival, and Classical Tradition include supporting brackets, while buildings in the Art Deco or Masonry Mod- ern styles can employ a cantilever. For styles where the structural load is visually transferred via brackets, the size of bracket is important for authentic representation; elements that are out of scale can diminish the building. Brackets typically extend the full depth of the balcony. The thickness and number of brackets should reflect the scale and design of the balcony being supported. THL LDGL, CONDOMINIUM WLST PALM BLACH (LLLT) & CAMDLN AVLNUL HOUSL, STUART (RIGHT). Built in the Masonry Modern style, the Edge Condomini- um appropriately does not utilize supporting brackets on the balconies. The Camden Avenue house is built in the Florida Vernacular style, which is characterized by brackets supporting balconies. 78 ill ' i ^^M C7 COMMUNITY FOUNDATION, WEST PALM BEACH (LEFT) & WORTH AVENUE, PALM BEACH (RIGHT). The scale of the brackets respond to the visual weight of the balconies: the "heavier" balcony with the solid wall enclosure (left) is supported by four large brackets; the balconies on the right, with thin floors and light metal railings, are supported by iron scrollwork. MIXED LIST BUILDING (LEFT) & COMMUNITY FOUNDATION, WEST PALM BEACH. The brackets on the building on the left are too small for the balconies they "support." Smaller corbels are appropriately used to support a balustrade (right). The upper balcony on the mixed use building interrupts the cornice line; better composi- tions are shown in the top images, which incorporate the cornices into the balconies. 79 AUTHENTIC ARCHITECTURE Applies to All Styles The City of Delray Beach requires authentic architecture. This man- date applies to every architectural style. Buildings should clearly re- flect their use and respond to their unique location in the city. Chal- lenging uses (parking, for example) that are difficult to incorporate into a superior pedestrian environment should be shielded by site design. Applying false architectural elements to these types of uses in an attempt to add interest to the urban experience is not desirable. Simple solutions are preferred to overly -complex solutions. Details should be consistent with the architectural style. Appropriate materials and types of elements are discussed within each style. These elements should also be of an appropriate scale: shutters should fit the window openings, bracket sizes should reflect the loads being supported, etc. PHARMACY, WEST PALM BLAC I. Significant expenses were incurred on this building to add architectural interest, though many of the details are applications to the facade that do not function. False second -stories, fake window openings, and arcades that do not provide shelter to passersby are not elements of authentic architecture. In Delray Beach, windows that provide a view of the merchandise (while affording oversight of the street from the store), occupiable stories, and arcades that pedestrians can use in a simple architectural style is preferred to exaggerated, unauthentic ornamentation. 80 SHUTTERS. Shutters should be operable and sized to cover the opening they flank. ick BALCONIES & RAILINGS. Decorative railings should be used on building facades when they serve a function such as on an occupiable balcony, enclosing planting areas, or as a safety measure for large windows in upper stories. Grills should not be applied to facades without serving a true function (left). EXHIBIT B Ordinance 28-15 ORD. NO. 28-15 DRAFT: 10/9/2015 EXHIBIT B Ordinance 28-15 pfepefftes 24 04 5�4�04f FA&nd. Ord.71 nn 5141041 0 0 0 Ord.2104 5/4/041 0 ORD. NO. 28-15 DRAFT: 10/9/2015 EXHIBIT B Ordinance 28-15 0ftfi4 752,40 0 0 0 11 16/041; P.-nd. Ord. 2104 5/4/041 ORD. NO. 28-15 DRAFT: 10/9/2015 EXHIBIT B Ordinance 28-15 ORD. NO. 28-15 DRAFT: 10/9/2015 EXHIBIT B Ordinance 28-15 ORD. NO. 28-15 DRAFT: 10/9/2015 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: OCTOBER 19, 2015 ITEM: VIIIA. AGENDA ITEM: CITY -INITIATED AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRS) SECTION 4.4.13, CENTRAL BUSINESS DISTRICT (CBD), SECTION 4.6.9(D)(11)(a), MECHANICAL PARKING LIFTS, SECTION 4.6.18(B)(14), BUILDINGS WITHIN THE DOWNTOWN AREA, AND ADOPTION OF THE "DELRAY BEACH CENTRAL BUSINESS DISTRICT ARCHITECTURAL DESIGN GUIDELINES." ITEM BEFORE THE BOARD The item before the Board is a recommendation to the City Commission for City -initiated amendments to LDR Section 4.4.13, Central Business District (CBD), and the Delray Beach Central Business District Architectural Design Guidelines, pursuant to LDR Section 2.4.5(M). LDR AMENDMENT BACKGROUND & DESCRIPTION The new CBD regulations adopted by Ordinance 02-15 referred to the not -yet adopted guidelines. Since further development of the guidelines and through additional application of the regulations, certain LDR amendments were found to be necessary. There are proposed concurrent with the adoption of the guidelines. The proposed amendments are briefly summarized as follows: • LDR Section 4.4.13(C)(3), Use Limitations on Required Retail Frontages: Added language to specify that on "Required Retail Streets", the maximum width of an individual commercial tenant space adjacent to the sidewalk is 75 feet. • LDR Section 4.4.13(D), Configuration of Buildings: Existing language regarding flat roofs, green roofs, and mechanical equipment moved to Section 4.4.13(F). • LDR Section 4.4.13(E)(4), Frontage Types: Revision to require Storefronts to be accessible from the sidewalks, maximum width requirement revised to 75 feet from 100%, reduction of Storefront Base from 1 feet to 9 inches, and a minimum glazing revision increased to 80% from 70% with no maximum whereas 90% is presently the maximum. Clarification also provided regarding the storefront openings spanning at least 80% of the commercial space fagade. • LDR Section 4.4.13(F), Architectural Standards: Clarification regarding application of the architectural standards, addition of required specifications regarding "Fagade Composition" and "Tripartite Composition", specification of appropriate architectural styles with reference to the "Delray Beach Central Business District Architectural Design Guidelines", addition of requirements presently located in Section 4.6.18(B)(14), and additional specifications regarding green building practices. • LDR Section 4.4.13(G), Civic Open Spaces: Language added regarding the special configuration of civic open space. • LDR Section 4.4.13(K), CBD Review and Approval Process: Addition of requirement to provide a Visual Impact Analysis for all new construction projects, and added language Page 2 of 3; Planning and Zoning Board Meeting of 10.19.15 LDR Amendments re: CBD and the Delray Beach Central Business District Architectural Design Guidelines requiring that SPRAB make a recommendation to the City Commission regarding any proposed new architectural styles. LDR Section 4.6.9(D)(1 1)(a), Mechanical Parking Lifts: Revised to appropriately refer to a new Section. LDR Section 4.6.18(B)(14), Buildings within the Downtown Area: Deleted Section, and placed into 4.4.13(F), Architectural Standards. Definitions: Added definitions for "Building Articulation", "Fenestration", and Tripartite." In addition to the amendments to LDR Section 4.4.13, the Ordinance also provides for the adoption of the Delray Beach Central Business District Architectural Design Guidelines. The guidelines, which are referred to in the LDRs, are a supplemental guide for development in the CBD and OSSHAD with CBD Overlay. A draft Ordinance is attached. REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(M)(5), Findings, in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT, OBJECTIVE A-5: The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. STAFF ANALYSIS: The primary purpose of this ordinance is to adopt the "Delray Beach Central Business District Architectural Design Guidelines" and amend the LDRs to incorporate changes consistent with the guidelines. The LDR amendments strive to clarify existing language while revising current regulations to ensure that the guidelines and the LDRs are not conflicting yet provide clear and unified direction between the two documents. The proposed amendments assist in appropriately maintaining the LDRs and, thereby, meet the intent of the subject Objective. REVIEW BY OTHERS The West Atlantic Redevelopment Coalition (WARC) requested to review the proposed Delray Beach Central Business District Architectural Design Guidelines at their meeting of October 1, 2015. A presentation was provided by the TCRPC, and those in attendance gave comments, some of which were incorporated into the subject Ordinance, as applicable. The First Reading of the proposed LDR Amendments is tentatively scheduled for the City Commission meeting of November 17, 2015; the Second Reading is tentatively scheduled for the City Commission meeting of December 1, 2015. Page 3 of 3; Planning and Zoning Board Meeting of 10.19.15 LDR Amendments re: CBD and the Delray Beach Central Business District Architectural Design Guidelines Courtesy notices were provided to the following homeowner and civic associations: ■ Delray Citizen's Coalition ■ Chamber of Commerce ■ West Atlantic Redevelopment Alliance ■ NW/SW Alliance ■ SAFE (Safety as Floridians Expect): Jim Smith ■ Human Powered Delray: Jim Chard ■ All Homeowner Associations listed with the City ■ MGM Delray, LLC ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval to the City Commission of City -initiated amendments to the Land Development Regulations regarding Section 4.4.13 and the Delray Beach Central Business District Architectural Design Guidelines, by adopting the findings of fact and law contained in the staff report, and finding that the amendments and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission City -initiated amendments to the Land Development Regulations regarding Section 4.4.13 and the Delray Beach Central Business District Architectural Design Guidelines„ by adopting the findings of fact and law contained in the staff report, and finding that the amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). RECOMMENDED ACTION Recommend approval to the City Commission of City -initiated amendments to the Land Development Regulations Section 4.4.13 and the Delray Beach Central Business District Architectural Design Guidelines, by adopting the findings of fact and law contained in the staff report, and finding that the amendments and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).