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09-08-16 Regular Meeting Agenda
City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-788,Version:1 To:Mayor and Commissioners FROM:John Morgan, Director of Environmental Services THROUGH:Donald B. Cooper, City Manager DATE:September 8, 2016 APPROVAL OF SERVICE AUTHORIZATION NO. 16-02 TO CALVIN, GIORDANO & ASSOCIATES, INC., IN THE AMOUNT NOT TO EXCEED $50,000 FOR ENGINEERING REVIEW SERVICES RELATED TO SITE PLAN PERMITTING. Recommended Action: Motion to Approve Service Authorization No. 16-02, with Calvin, Giordano & Associates, Inc., for an amount not to exceed $50,000 for engineering review services related to site plan permitting. Background: On January 5, 2012, the City Commission approved an Agreement with Calvin, Giordano & Associates, Inc. for engineering consulting services. The Environmental Services Department (ESD) recommends retaining Calvin, Giordano & Associates, Inc. (CGA) to provide engineering review for building permit applications to evaluate compliance with the City's Land Development Regulations, as well as the impact of the proposed development on the City's infrastructure, specifically water, sewer, and drainage. Types of plans submitted for review range from simple driveways to complex development plans. It is anticipated that CGA will provide one or more staff member(s) to perform the plan review volume available. Outsourcing this workload will allow staff to focus efforts on project management for high priority City projects such as utilities and public works infrastructure repair and replacement. The Scope of Work includes technical review of site plans submitted for permitting to the Planning, Zoning and Building Department. CGA is expected to attend the Technical Advisory Committee (TAC) meeting and to coordinate with the Assistant Directors and engineering staff within the ESD, as well as professional staff in the Planning, Zoning and Building Department, with members of the public, and potentially with the Boards and Committees. Plans review will be conducted in a manner consistent with the City’s engineering practices, procedures, standards and specifications. The ESD estimates that CGA will provide qualified staff a minimum of two days per week for the next three months to handle the workload. To date, in FY2016, Commission has approved authorizations for this Agreement in the amount of $301,009.85. This recommendation is in accordance with the City Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders, Within the Scope of Work." City Attorney Review: City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-788,Version:1 Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from Account 442-5178-536-31.90. Timing of Request: This request is time-sensitive due to backlog of projects that await permitting. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ Engineering Consultants - Assigned CIP Projects for FY 2015 - 2016 Calvin Giordano and Associates SA #Date Amount of SA NE 3rd St Streetscape 12-03.2 3/15/2016 25,421.03$ Osceola Neigh Imp FY 16 12-08 8/23/2016 176,966.05$ NW 12th Ave and NW 2nd Street 12-11 7/28/2016 98,622.77$ Total 301,009.85$ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-787,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Environmental Services Director THROUGH:Donald B. Cooper, City Manager DATE:September 8, 2016 APPROVAL OF SERVICE AUTHORIZATION NO. 16-01 TO CALVIN, GIORDANO & ASSOCIATES, INC., IN THE AMOUNT NOT TO EXCEED $25,000 FOR CAD/GIS TECHNICIAN SERVICES. Recommended Action: Motion to Approve Service Authorization No. 16-01, with Calvin, Giordano & Associates, Inc., for an amount not to exceed $25,000 for CAD/GIS technician staffing services. Background: The Environmental Services Department (ESD) recommends retaining Calvin, Giordano & Associates, Inc. (CGA) to provide routine CAD/GIS Technician services on an as-needed basis in support of engineering efforts to complete City projects that are scheduled for the next three months. This position will be filled with a full time City employee in the future. The City utilizes the approved engineering consultants retained through RFQ No. 2012-06. The original agreement with the Consultants was executed in January 2012. The recommendation for award is in compliance with Code of Ordinances, Chapter 36, Section 36.02(A)(2), "Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest." To date in FY2016 Commission has approved authorizations for this Agreement in the amount of $301,009.85. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding will be available from Account 442-5178-536-31.90. Timing of Request: This request is time-sensitive due to backlog of projects that await permitting. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ CONSULTING SERVICE AUTHORIZATION DATE: __________________________ SERVICE AUTHORIZATION NO. 12-16 FOR ENGINEERING CONSULTING SERVICES CITY P.O. NO. ______________ CITY EXPENSE CODE ___________________ CITY PROJECT NOS. 16-098. WGI PROJECT NO._________ This Service Authorization, when executed, shall be incorporated in and shall become an integral part of, the “Agreement for General Consulting Services” contract executed January 24, 2012. Title: City of Delray Beach Marina Seawall and Boat Dock Improvements. I. PROJECT DESCRIPTION Engineering Design, Permitting, Surveying, Bidding, and Project Representation during Construction and Public Outreach Services for the City of Delray Beach Marina Seawall Repairs/Reconstruction, Finger Pier Replacement within the City of Delray Beach Marina located between SE 1st Street and SE 2nd Street. The Seawall repairs will be based on field-identified structural and safety deficiencies performed by WGI. The seawall wall cap will be raised to account for future sea level rise and wave marine vessel wave action. All existing wooden piers will be removed and will be replaced with floating piers. Additionally, WGI will prepare an Opinion of Probable Construction Cost (OPCC) for budgeting and bidding purposes. II. This Service Authorization is for construction phase services associated with City Project No. 12-16 III. This Service Authorization is for Engineering design, permitting, post design (bidding) and construction inspection services associated with City Project No. 16-098. IV. SCOPE OF SERVICES FOR THE CITY MARINA SEAWLL AND SEAWALL CAP REPAIR / RECONSTRUCTION AND WOODEN FINGER PIER DOCK REPLACEMENT Phase I – Study and Report Phase Not Applicable. Phase II – Preliminary Design Phase Prepare an in-depth seawall and finger pier inspection, attend a project kick- off meeting, prepare field visit documentation and document coordination of the survey, geotechnical and available record drawings. Phase III – Final Design Phase The scope of the project will be to prepare Construction Documents for repair/replacement of the concrete seawall and cap and for replacement of the finger piers at in the City of Delray Beach Marina. Repairs shall be based on field-identified structural and safety deficiencies as referenced in WGI’s Conditions Assessment Report Dated May 5th 2016. The existing finger piers will be removed and new floating finger piers will be constructed. Construction Documents shall include Calculations, Plans, and Specifications, signed and sealed by a Florida Registered Professional Engineer, as required. Design services do not include areas west of the seawall including the existing walkways, sidewalks and drainage. WGI will also be coordinating and providing graphics and displays for, and will attend up to three (3) public outreach informational meetings to be held in the City for the dissemination of project information to the residents of the City. The City will provide the location for these public meetings. Phase IV – Bidding/Negotiation Phase Assist the City with the public bidding of the project including the attendance at the pre-bid meetings, responding to request for information, review of bids and preparation of a bid recommendation letter to the City Phase V – Resident Project Representative Phase WGI shall provide construction services in accordance with, Article III (Duties of Consultant) Section E, Phase V-(Construction Phase), Items 1-18 of the Agreement for Engineering Services with the City, dated January 24, 2012. Other - Permitting 1. Prepare permit applications and associated permit engineering plans and associated calculations and documentation. Respond the Requests for Additional Information (RAI’s) from the regulatory agencies and amend and revise plans/details accordingly. 2. Preparation of an application to the US Army Corps of Engineers (USACE) for a Nationwide 3 permit for maintenance/repair of an existing dock. 3. Preparation of an application to the Florida Department of Environmental Protection (DEP) that proposed activities meet exemption criteria as cited in paragraph 62-330.051(12)(b) F.A.C. 4. Permitting is based on current scope to replace existing dock structure and replace seawall to increase height in response to rising water levels. Should the scope expand, additional permitting may be required. 5. Respond to Requests for Information (RAI’s) from regulatory agencies. Other – Surveying 1. Prepare survey calculation file and field package information. 2. Research public records for plats, NGS and county control, survey information, etc. 3. Locate, check, and reference horizontal & vertical control. 4. Locate all improvements within 25 feet of seawall edge, including but not limited to: seawall, finger piers, pilings, trees, buildings, sidewalks, light poles, visible utilities, and adjacent seawall waterway soundings at 50 foot intervals. 5. Process, check, and review field information. 6. Prepare topographic survey for engineering base map purposes. 7. Final review and QC by Professional Surveyor and Mapper. Other – Storm Pipe Cleaning and Video Clean 48" pipe 60 L.F. Clean 36" pipe 50 L.F. Clean 24" pipe 480 L.F. Clean 18" pipe 80 L.F. Clean 15" pipe 40 L.F. Video Inspection 710 L.F. 48" Plug Remove 2 Ea. Other – Subsurface Utility Engineering (SUE) Location Services Not Applicable Other – Geotechnical Services WGI will perform two (2) Standard Penetration Test (SPT) borings to a depth of 45 feet, and two (2) SPT borings to a depth of 25 feet below existing grade. Within the SPT boring, disturbed sample collection will be performed in general accordance with the requirements of ASTM D 1587. Upon completion of the field exploration, laboratory testing will be performed on selected samples. A Soil profile with boring location plan will be will be issued. COMPENSATION The compensation for services provided shall be billed on an hourly basis, plus reimbursable expenses for each phase of work, in accordance with Article VII, Method II, up to the following not-to-exceed cost for each phase. Engineering Services – (City Project Nos.16-096) Phase I – Study and Report Phase (Not Applicable) --- Phase II – Preliminary Design Phase $6,920.72 Phase III – Final Design Phase $21,870.24 Phase IV – Bidding/Negotiating Phase $7,641.68 Phase V – Resident Project Representative Phase $14,089.92 Other Services – Permitting $7,986.88 Other Services – Surveying $13,609.80 Other Services – Storm Pipe Cleaning and Video $7,078.00 Other Services – Geotechnical $6,050.00 Other Services – Public Outreach $10,620.00 Reimbursable – $800.00 Total Compensation – $96,764.32 V. COMPLETION DATE SEE ATTACHED DESIGN, PERMITTING AND CONSTRUCTION SERVICES SCHEDULE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. WGI shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date ______________________ Date By: _______________________ By: _______________________ Cary D. Glickstein (Seal) Mayor ____________________________ Witness (Signature) ____________________________ Witness (Printed) Attest: ________________________ Approved as to Legal Sufficiency __________________________ Interim City Attorney, Janice Rustin BEFORE ME, the foregoing instrument, this _____day of ________________, 201___, was acknowledged by _______________________ on behalf of the Corporation __________________________________, and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this ______ day of __________________, 201___. ________________________________ Notary Public State of Florida My Commission Expires: City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-774,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director Environmental Services THROUGH:Donald B. Cooper, City Manager DATE:September 8, 2016 SERVICE AUTHORIZATION NO. 12-16 WITH WANTMAN GROUP, INC. FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION FOR THE CITY MARINA SEAWALL AND DOCK IMPROVEMENTS Recommended Action: Motion to Approve Service Authorization No. 12-16 with Wantman Group, Inc. in a not-to-exceed amount of $96,764.32 for the City Marina seawall and docks improvements along the Intracoastal Waterway (Project No. 16-098). Background: As a result of a many years of seasonal high tide events, The City Marina has experienced structural damage to the existing boat docks along with minor damage to the existing seawall. Furthermore, continual wave action from boat wakes through this stretch of the Intracoastal Waterway has also exacerbated the structural damage to the existing docks. Moreover, during high tides the water levels in the Intracoastal Waterway have overtopped the seawalls resulting in damage to the grounds and infrastructure. The Wantman Group is a City approved engineering consulting firm retained through RFQ No. 2012- 06. The Wantman Group, Inc. will be tasked to perform structural engineering design, engineering, permitting, along with construction administration services to adapt the elevation of the seawall cap to changing sea level and replace the existing docks located at the City Marina. It is envisioned that the seawall adaptation measures will allow for incremental increases in the seawall elevation to adjust to changing conditions over the design life of the infrastructure. At this time the most eminent sea level rise experts recommend planning for a three foot rise in sea level by the end of the century. The engineering consultants are also evaluating the feasibility and permitability of floating docks. Design and engineering will commence in early FY 2017. To date in FY2016 Commission has approved authorizations for this Agreement in the amount of $409,596. This recommendation is in accordance with the City Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders Within the Scope of Work." City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-774,Version:1 Finance Department Review: Finance recommends approval. Funding Source: Funding is available from Parks and Recreation Account No. 426-4311-575-31.30 after a budget transfer. Timing of Request: The engineering plans should be completed as soon as feasible do to the safety concerns for the docks and seawalls. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-828,Version:1 TO: Mayor and Commissioners FROM: Timothy R. Stillings, AICP, Planning, Zoning & Building Director THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 ACCEPTANCE OF AN EASEMENT AGREEMENT LOCATED AT 326 E. ATLANTIC AVENUE WHICH BEGINS ON THE NW CORNER OF LOT 3 AND EXTENDS 43.74’ TO THE EAST AND ENCOMPASSES 115 SQUARE FEET IN THE PEDESTRIAN CLEAR ZONE. The City Commission action is the Acceptance of an Easement Agreement located at 326 E.Atlantic Avenue which begins on the N.W.corner of Lot 3 and extends 43.74’to the east and encompasses 115 square feet in the pedestrian clear zone. Recommended Action: Motion to Approve the Easement Agreement located at 326 E.Atlantic Avenue which begins on the N.W.corner of Lot 3 and extends 43.74’to the east and encompasses 115 square feet in the pedestrian clear zone. Background: At its meeting of July 27,2016,the Site Plan Review and Appearance Board approved (5-2,Shannon Dawson and Roger Cope dissenting)a Class III site plan modification for Capital One for a change of use to 5,823 square feet of the subject property from retail and restaurant use,to services and facilities (financial institution)and restaurant use.Bay number one,which is 2,102 square feet,will remain retail.Also approved were architectural elevations for the Class III site plan modification (4-3, Shannon Dawson,Roger Cope and Vlad Dumitrescu dissenting).The architectural approval included changes to the facade on S.E.4th Avenue with additional storefront glass,removal of tenant entrances on S.E.4th Avenue,and a new raised sidewalk café and railing system on Atlantic Avenue. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-850,Version:1 TO: Mayor and Commissioners FROM:Timothy Stillings, Director of Planning, Zoning and Building THROUGH: Donald B. Cooper, City Manager DATE:September 8, 2016 CONSIDER ACCEPTANCE OF A LANDSCAPE MAINTENANCE FOR THE SAMAR MIXED-USE (AKA ALOFT HOTEL) DEVELOPMENT. Recommended Action: Motion to Accept the Landscape Maintenance Agreement for the Samar Mixed-Use (aka Aloft Hotel) development. Background: The item before the Commission is acceptance of a Landscape Maintenance Agreement for the Samar Mixed-Use (aka Aloft Hotel) development. The subject property consists of 1.788 acre (77,925 sq.ft.)and currently contains two single family residences and 5,847 sq.ft.of retail commercial and office establishments which have recently been vacated.The property lies within the Central Core (CC)of the CBD (Central Business District)and is located on the west side of SE 5th Avenue,between SE 2nd Street and SE 3rd Street (202 SE 5th Avenue). On July 22,2015,the Site Plan Review and Appearance Board (SPRAB)approved a Class V Site Plan,Landscape Plan and Architectural Elevations associated with a demolition of all existing buildings and construction a mixed-use development containing a 122-room hotel with a restaurant, lounge and meeting rooms,35 condominium units,6,280 sq.ft.of retail space and structured parking all within one phase.The SPRAB also made a recommendation of approval to the City Commission for a waiver request to reduce the rear setback from 10 feet to 5 feet for a portion of the structured parking along the alley. On October 6, 2015, the City Commission approved the waiver request. On July 5,2016,the City Commission approved a hold harmless agreement for the proposed plantings in the public right-of-way along SE 5th Avenue. The landscape plan includes a variety of trees,plants and groundcover materials are employed to enhance the development including but not necessarily limited to Lady Jane Anthurium,Red Ginger, Coral Creeper,Jamaican Caper,Cocoplum,Confederate Jasmine,Kentia Palm,African Iris, Blueberry Flax Lily,Dwarf Date Palm,Dwarf Jasmin and Parson’s Juniper within the public rights-of- way along SE 5th Avenue, SE 2nd Street and SE 3rd Street. The landscape maintenance agreement has been reviewed by the City Attorney and has been approved as to form. City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-850,Version:1 City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ Tuesday, April 5, 2016 6:00 PM City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Delray Beach City Hall City Commission Mayor Cary Glickstein Vice Mayor Al Jacquet Deputy Vice Mayor Jordana Jarjura Commissioner Mitchell Katz Commissioner Shelly Petrolia Minutes - Draft Regular Meeting Starts at 6:00 P.M. April 5, 2016City Commission Minutes - Draft 1. ROLL CALL A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 5:00 p.m., on Tuesday, April 5, 2016. Roll call showed: Present - Commissioner Shelly Petrolia Vice Mayor Alson Jacquet Commissioner Mitchell Katz Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent - None Also Present: Donald B. Cooper, City Manager, Noel Pfeffer, City Attorney, and Chevelle D. Nubin, City Clerk. 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES: None 4. PRESENTATIONS: 4.A.16-344 4.B.16-274 PRESENTATION OF EMPLOYEE OF THE MONTH FEBRUARY 2016 - KAREN SCHELL Ms. Tennille DeCoste introduced the Employee of The Month award for Karen Schell and Mr. Jack Warner provided brief comments regarding Ms. Schell's background and the reason for the award. The City Commission gave brief comments. 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: Mr. Cooper gave brief comments regarding the Marina. Public: Page 1City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft 1. James Quillien spoke regarding the Osceola Park Revitalization plan. 2. Sharon Bodwin spoke regarding her bulk trash being missed and not picked up. She also asked who picks up syringes and commented regarding equipment being used for repairs. 3. Jason ? spoke regarding the marina rates and thanked the City Commission. He provided a handout to the City Commission. 4. Carolyn Simmons thanked the City Commission for the change in the marina rates. 5. Darlene Staten (sp) stated she lives near a corner store and spoke regarding loud and excessive noise coming from the LaFrance Apartment complex. She stated there is drug use and sales taking place in the alley. Commissioner Petrolia stated she believes the Delray Beach Housing Authority may be the contact for the property. Vice Mayor Jacquet asked that the City Manager provide an update regarding this at the next meeting. 6. Brian Rosen spoke as President of the Arts Garage to provide an update to the City Commission. 7. Karen Granger stated Delray Affair is this weekend and commented regarding street closings, booths and events. She also commented about loitering. 8. Bob Schnier spoke regarding the Arts Garage and expressed thanks to Alyona Ushe for her service with the organization. Mayor Glickstein provided comments. 9. Alan Schlossberg stated there will be a rally regarding All Aboard Florida on April 9, 2016 in Stuart, Florida. 10. Michael Owen spoke regarding the Eastcoast Greenway Project and the plan for the greenway. 11. Dr. Edward Cooperman (sp?) spoke regarding a traffic study from Congress Avenue to Federal Highway. He stated the Fire Department has been temporarily housed at this location. Page 2City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft 6. AGENDA APPROVAL Mr. Cooper stated staff requested to move Item 8.E.1. prior to Item 8.A. The City Attorney had no requested agenda changes. Commissioner Petrolia asked that Item 7.N.C. of the Appealables report be moved to the Regular Agenda as Item 8.B.B. and stated there may be someone in the audience regarding the Ride of Silence proclamation. A motion was made by Commissioner Jarjura, seconded by Vice-Mayor Petrolia, that the Agenda be approved as amended. The motion carried by the following vote: Yes:Mayor Glickstein, Vice-Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 5 - 7. CONSENT AGENDA: City Manager Recommends Approval A motion was made by Commissioner Jarjura, seconded by Vice-Mayor Petrolia, that the Consent Agenda be approved. The motion carried by the following vote: Yes:Mayor Glickstein, Vice-Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 5 - 7.A.16-232 ACCEPTANCE OF A RIGHT-OF-WAY DEED FOR 102 NE 1st Ave. 7.B.16-305 ACCEPTANCE OF A 2 FOOT RIGHT-OF-WAY DEDICATION FOR S.W. 2ND TERRACE 7.C.16-013 ACCEPTANCE OF A SIDEWALK EASEMENT DEED AND A RIGHT OF WAY DEED FOR AN ALLEY DEDICATION LOCATED AT 227 N.W. 1ST AVENUE 7.D.16-269 ACCEPT A LANDSCAPE MAINTENANCE AGREEMENT AND HOLD HARMLESS AGREEMENT FOR PLANTINGS PROPOSED IN THE STATE RIGHT-OF-WAY OF NORTH FEDERAL HIGHWAY ASSOCIATED WITH DELRAY PRESERVE, LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, SOUTH OF GULFSTREAM BOULEVARD 7.E.16-280 SERVICE AUTHORIZATION NO. 2/CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC. FOR THE CITY’S BEACH MANAGEMENT PROGRAM (PROJECT NO.12-070) 7.F.16-298 SERVICE AUTHORIZATION NO. 12-21 TO MATHEWS CONSULTING, INC. IN THE AMOUNT OF $5,380 FOR PROFESSIONAL SERVICES TO ASSIST IN PREPARING THE FY2017 GRANT APPLICATION FOR ALTERNATIVE WATER SUPPLY FUNDING FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO EXPAND THE CITY’S Page 3City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft RECLAIMED WATER SYSTEM 7.G.16-300 RATIFICATION OF CHANGE ORDER NO. 1 TO OVIVO USA, LLC. IN THE AMOUNT OF $41,000 FOR ADDITIONAL WORK IN THE REPAIR OF THE EASTERN VACUUM FILTER UNIT AT THE WATER TREATMENT PLANT, AUTHORIZED BY THE CITY MANAGER AS A CHANGE ORDER DEFINED BY CITY CODE SECTION 36.06(A) (2). 7.H.16-301 PURCHASE AWARD TO SUNSHINE GOLF CAR FOR ONE STAR-EV ELECTRIC GOLF CAR 7.I.16-309 LICENSE AGREEMENT EXTENSION - DELRAY STUDENTS FIRST 7.J.16-321 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR FIBER TRANSPORTATION 7.K.16-295 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) WITH AKA SERVICES, INC. FOR THE TROPIC PALMS WATER MAIN REPLACEMENT PROJECT. 7.L.16-296 PURCHASE FROM MUNICIPAL EQUIPMENT COMPANY, LLC FOR 15 SETS OF FIRE BUNKER GEAR 7.M. PROCLAMATIONS: 7.M.1.16-311 7.M.2.16-303 7.M.3.16-313 7.M.4.16-326 7.N.16-324 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS FOR ITEMS FEBRUARY 22, 2016 THROUGH MARCH 18, 2016 A motion was made by Vice-Mayor Petrolia, seconded by Commissioner Jarjura, that the remaining report on appealable items be approved. The motion carried by the following vote: Yes:Mayor Glickstein, Vice-Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 5 - 7.O. AWARD OF BIDS AND CONTRACTS: 7.O.1.16-285 BID AWARD TO WEST CONSTRUCTION, INC. FOR MERRITT PARK Page 4City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft IMPROVEMENTS (PROJECT NO. 14-052) 7.O.2.16-272 BID AWARD NO. Q2016-1129L TO SHENANDOAH GENERAL CONSTRUCTION COMPANY FOR THE STORMWATER LINING LOCATED AT 945 ALLAMANDA DRIVE 7.O.3.16-297 BID AWARD TO LOW BIDDER, STO LANDSCAPE SERVICES, INC. FOR BALLFIELD MAINTENANCE AT POMPEY PARK - AWARD BID #2016-071 7.O.4.16-312 BID AWARD TO AIR-REF CO., INC. FOR THE REPLACEMENT OF ONE CITY HALL AIR CONDITIONING UNIT (2016-074L) 8. REGULAR AGENDA: 8.A.16-333 APPLICANT APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) DENIAL OF THE CLASS II SITE PLAN MODIFICATION FOR A ONE-LANE SURFACE DRIVE THAT CONNECTS N.E. 6TH AVENUE AND N.E. 7TH AVENUE ASSOCIATED WITH THE ATLANTIC CROSSING PROJECT (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. The City Clerk swore in those individuals who wished to give testimony on this item and subsequent items. Mayor Glickstein asked the City Commission to disclose their ex-parte communications: Commissioner Katz stated he spoke to developers, attorneys, Benita Goldstein, Joy Howell, Greenman-Pedersen, Inc. (GPI) and numerous citizens. Deputy Vice Mayor Jarjura stated she received emails on the city server and stated she spoke with Arlen Dominick, Bruce Liener, Tim Stillings and GPI Commissioner Petrolia stated she spoke to GPI (Traffic Engineers), Bruce Liener, Macmanus, Alan Zeller, Joy Howell and everything else is on the server. Vice Mayor Jacquet stated anything he received is on the city server. Mayor Glickstein stated he met with former commissioners and mayors Bob Costin, David Randolph, David Schmidt, Jeff Perlman, Andy Katz, Page 5City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft Lula Butler, Jocelyn Patrick, MacNamus, representatives from GPI, representatives from Simmons and White, City Staff, Bruce Leiner, Rita Reiner, Arlen Dominick and Joy Howell. He stated he received emails on the city server. City Attorney Noel Pfeffer stated this is a continuation from the March 1, 2016 meeting and the party status that was granted at that meeting still stands. Mr. Pfeffer provided instruction to the City Commission regarding this appeal. Mr. Tim Stillings entered the project file into the record and presented this item. Bryan Seymour (sp), on behalf of the applicant, entered resumes for Mike Covelli and the Traffic Engineer Adam Kerr. He also entered a transcript regarding Atlantic Crossing from the July 7, 2015 meeting minutes into the record and referenced conditions. He spoke regarding the project. Mike Covelli spoke regarding the Site Plan. Michelle Ameil, appellant, on behalf of Harbour House Condominium, provided photos to the City Commission and spoke regarding the project and stated they are concerned about safety and ingress/egress. She discussed their suggestions. Bruce Leiner, appellant, Harbour House Condominium, spoke regarding the project and provided a handout to the City Commission. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to come forward at this time. Public Comments: Nancy MacManus entered plans and a letter into record from Sandy Zeller and read a statement into record. Charles Dortch stated he is the Vice President of the Marina Historic District and stated this has been long and spoke regarding the project. He stated the Marina Historic District is a nationally registered district. Robert Ganger, Florida Coalition, spoke regarding the appeal and stated he thinks incredible progress has been made and referenced the SPRAB meeting. He stated the City Commission should ask questions. Page 6City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft Jeff Dash spoke regarding the project and stated they would like to see the project approved. Arlen Dominick spoke regarding the project, roadways and setbacks. He asked that the City Commission consider what is good for the residents, developers and the city. Jill Schifferley (sp) spoke regarding the project and referenced the road closure. Rita Vana (sp) thanked the Commission for all that they do and stated she would like to share her concerns and would like them to be part of the record. Alan Schlossberg spoke regarding the project and referenced the original contract and Atlantic Court (2 way road). Ronald Ferguson commented regarding the project and referenced previous approval. Joy Howell stated she is concerned about setting a precedent and commented regarding the project and stated there are alot of comprehensive concerns regarding this. Susan Smith stated she is glad to see that people are moving forward with this project and stated traffic calming is needed in her neighborhood due to people speeding. Peter Humanik commented regarding the project, the road and traffic. He also referenced NE 7th being blocked. Benita Goldstein read a statement into record regarding development and this project. Cindi Freeburn commented regarding this project and referenced the City Commission meeting of January 2014. She stated she is concerned with a flawed process and commented regarding the two way road. Victor Kirson spoke regarding the project and discussed SPRAB's approval. Kelly Barrette read Rita Vana's remaining questions. Mitzi Kaitz spoke regarding the project, parking and driveway and asked Page 7City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft questions. Marcia Shek (sp) spoke regarding the approved plan and egress way. She urged the City Commission to look deeper into this project. There being no one else from the public who wished to speak on this item, the public comment was closed. Mayor Glickstein thanked everyone for the courteous way they expressed themselves tonight. City Attorney Pfeffer explained the process for cross examination. City Staff had no cross examination. The Applicant had no cross examination. The Appellants, Ms. Ameil and Mr. Leiner had no cross examination. City Staff had no rebuttal. The Applicant provided points of clarification, stated the engineering plans are part of the record and discussed conditions. Appellants: Ms. Ameil had no rebuttal. Mr. Leiner stated people are looking for clarity and discussed the road. Mayor Glickstein stated traffic consultants are here if there are questions. Commissioner Petrolia asked about the land and the recorded plat (Tract D) and asked what will the land be under the driveway and who will own it. Mr. Pfeffer spoke regarding the conditions and the site plan amendment. Mr. Seymour referenced the settlement agreement. Commissioner Petrolia stated she has questions regarding the five conditions and the one added by Mr. Seymour (applicant). She stated the conditions are great if they are followed and stated there is nothing in the conditions that states what happens if these conditions are violated. Mr. Seymour stated the city's code addressed what happens. Mayor Glickstein stated the valet queue is germane to this. Commissioner Petrolia stated it is important to understand what the City Commission is doing and it is extremely difficult to make a decision Page 8City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft tonight. Vice Mayor Jacquet stated he has a simiilar view of what the City Commission has gone through regarding this project but a different view regarding the outcome. He spoke regarding the closing of 7th. He stated it is time to move forward regarding this issue. He discussed the road and signal. Commissioner Katz showed a video clip of a past City Commission Meeting (2/17/2009: Agenda Item, Original abandonment of the alleyway) and discussed the road. He spoke regarding the traffic engineer and referenced the transcript. Mr. Seymour referenced pages 18 and 19 of the transcript he provided to the City Commission. Discussion ensued regarding the site plan and the road. Commissioner Katz asked if semi trucks and the city's largest fire truck will be able to get through this road. Mr. Seymour and Mike Covelli responded yes to Commissioner Katz's question. Commissioner Katz asked Ms. Danielle Joyce from GPI, who was on the conference call with them, if she would park her car in the garage. She stated she would hope that there would be sufficient pumps installed. Commissioner Katz asked Ms. Joyce did she take delivery vehicles into consideration. Mike Wachowsky (sp) responded to the question and stated that was not addressed specifically. Commissioner Katz stated he is very concerned that the words "easement in perpetuity" is not a condition of approval. He stated it is hard for him to move forward at this point. He stated he thinks there is a way and suggested looking out of the box. Commissioner Katz stated he has a lot of concerns and feels the city would be setting a precedent in approving this. He stated no one has been able to show him any record in Planning and Zoning of an abandonment hearing regarding the road. He stated he does not think it went through the right steps. Commissioner Jarjura stated she wanted to clarify some facts for the record. She asked the two persons from GPI to state their experience for the record and asked them questions regarding their scope. Commissioner Jarjura stated there are currently seventy-eight (78) conditions for the project. She stated she will support the site plan modification and asked that her colleagues look at the applicable LDRs and the evidence that is before them. Commissioner Petrolia stated alot has happened and read a statement Page 9City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft into the record. Deputy Vice Mayor Jarjura spoke regarding the laws. Commissioner Katz asked about clarification of the dates regarding plat and site plan approval. He spoke regarding the traffic engineers and stated he still feels that all options were not reviewed. He asked about voting and whether or not the City Commission will see another site plan. Mr. Pfeffer stated the City Commission will see a settlement agreement clarifying the site plan. Vice Mayor Jacquet stated the law is clear and reiterated what the City Commission is here for tonight. He commented regarding the traffic engineers and stated he feels that their reports should at least be considered. He asked that the City Commission move forward. Mayor Glickstein commented on Deputy Vice Mayor Jarjura's comments. He stated he has reviewed the traffic reports and asked the traffic engineers about the turning radius when coming out of the garage. Mayor Glickstein asked City Attorney Pfeffer for clarification regarding performance standards in Land Development Regulations (LDR) Section 3.2.3. The City Attorney provided direction regarding the basis for the City Commission's conclusion. Mayor Glickstein read remarks into the record regarding the project. He stated he will vote to not support the site plan. A motion was made by Commissioner Katz, seconded by Vice-Mayor Petrolia, that this Applicant appeal be denied. The motion carried by the following vote: Yes:Mayor Glickstein, Vice-Mayor Petrolia, and Commissioner Katz3 - No:Deputy Vice Mayor Jacquet, and Commissioner Jarjura2 - 8.B.16-260 REQUEST FOR A WAIVER OF LDR SECTION 4.6.7(E)(7) TO ALLOW TWO FLAT WALL SIGNS NOT FACING A DEDICATED STREET FRONTAGE FOR A BURGER KING RESTAURANT LOCATED AT 1820 SOUTH FEDERAL HIGHWAY (QUASI-JUDICIAL HEARING ) Page 10City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft 10:39 pm: Mark McDonnell presented this item discussing the signage. Greg Kelly, on behalf of the applicant, discussed the proposed signage and the reason for the request. Vice Mayor Jacquet asked if all of the outside work was completed. Commissioner Petrolia asked about the sign and why is it much higher. There was no public comment, cross examination or rebuttal from staff or the applicant. The City Attorney went through the board order with the City Commission. A motion was made by Commissioner Katz, seconded by Vice-Mayor Petrolia, that this Request be approved. The motion carried by the following vote: Yes:Mayor Glickstein, Vice-Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 5 - 8.C.16-331 APPOINTMENT OF ASSISTANT CITY ATTORNEY/POLICE LEGAL ADVISOR City Attorney Pfeffer presented this item. Mayor Glickstein stated Ms. Warren had a very impressive resume and is well suited for the position. Vice Mayor Jacquet stated he is looking for to working with her. Deputy Vice Mayor Jarjura stated she spoke to Ms. Warren's colleagues at the State Attorney's Office and they had impressive comments to say about her and her resume was impressive. Commissioner Katz stated he concurs with his colleagues. Ms. Lowanda Warren was present and gave comments. A motion was made by Commissioner Katz, seconded by Vice-Mayor Petrolia, that this Request be approved. The motion carried by the following vote: Yes:Mayor Glickstein, Vice-Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 5 - 8.D.16-336 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN CITY OF DELRAY BEACH FLORIDA AND CREATIVE CITY COLLABORATIVE OF DELRAY BEACH, INC. FOR OLD SCHOOL SQUARE PARKING Page 11City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft GARAGE PROPERTY The City Attorney presented this item. A motion was made by Vice-Mayor Petrolia, seconded by Deputy Vice Mayor Jacquet, that this Request be approved. The motion carried by the following vote: Yes:Mayor Glickstein, Vice-Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 5 - 8.E.16-343 All remaining Routine Business Items were approved. A motion was made by Deputy Vice Mayor Jacquet, seconded by Vice-Mayor Petrolia, that the remaining Routine Business items be approved. The motion carried by the following vote: Yes:Mayor Glickstein, Vice-Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 5 - 8.E.1.16-335 APPROVAL OF FISCAL YEAR 2016 SPENDING GREATER THAN $25,000 WITH GREENMAN-PEDERSON, INC. OF TAMPA FOR TRAFFIC ENGINEERING SERVICES RELATED TO ATLANTIC CROSSING Mr. Stillings presented this item. Mr. Cooper stated this is in accordance with the City's Code of Ordinances, Chapter 36, Section 36.03(B). A motion was made by Commissioner Jarjura, seconded by Deputy Vice Mayor Jacquet, that this Request be approved. The motion carried by the following vote: Yes:Mayor Glickstein, Vice-Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 5 - 8.E.2.16-320 CONTRACT AWARD TO MAXIS360 FOR A VOICE OVER INTERNET PROTOCOL (VoIP) TELEPHONE SYSTEM (RFP 2016-049) This item was approved. 8.E.3.16-004 SERVICE AUTHORIZATION NO. 12-20 TO MATHEWS CONSULTING, INC. FOR PROFESSIONAL SERVICES IN DESIGN OF THE NEXT PHASE OF THE RECLAIMED WATER SYSTEM EXPANSION, AREA 12C (PROJECT NO. 2016-073) This item was approved. 8.E.4.16-243 SERVICE AUTHORIZATION NO. 12-10 WITH WANTMAN GROUP, INC. FOR THE N.E. 2ND AVENUE/SEACREST BEAUTIFICATION PROJECT PHASE II Page 12City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft This item was approved. 8.E.5.16-276 BID AWARD TO DP Development of the Treasure Coast, LLC for Block 32 Alley IMPROVEMENTS (BID No. 2016-054) This item was approved. 8.E.6.16-278 AWARD BID TO FOSTER MARINE CONTRACTORS, INC. FOR THE SW 10TH/9TH AVENUE IMPROVEMENTS AND SW 2ND TERRACE IMPROVEMENTS PROJECT This item was approved. 8.E.7.16-306 BID AWARD TO FOSTER MARINE CONTRACTORS, INC. FOR THE INSTALLATION OF SIDEWALKS ON SE 4TH STREET PROJECT (BID NO. 2016-059C) This item was approved. 8.E.8.16-286 CONTRACT AWARD TO AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS, INC. TO REPLACE FLOW METERS FOR ALL CITY RAW WATER WELLS This item was approved. 8.E.9.16-294 RETROACTIVE APPROVAL OF THE AGREEMENT FOR USE OF TENNIS CENTER AND STADIUM FOR FILM PRODUCTION BY SUPERPRIME This item was approved. 8.E.10 16-299 RATIFICATION OF EMERGENCY ACTION PURSUANT TO CITY CODE SECTION 36.02 (C) (5) TO AWARD THE REPAIR OF THE SANITARY SEWER MAIN ON SE 5TH AVENUE AT SE 5TH STREET IN THE AMOUNT OF $320,487 TO FOSTER MARINE CONTRACTORS, INC., AUTHORIZED BY THE CITY MANAGER AS AN EMERGENCY ACQUISITION PURSUANT TO CITY CODE SECTION 36.01(B) This item was approved. 8.E.11 16-302 PRIOR APPROVAL OF FISCAL YEAR 2016 SPENDING GREATER THAN $25,000 WITH PIPELINE PLUMBING SERVICES OF BROWARD This item was approved. 8.E.12 16-304 CONTRACT CLOSEOUT (CHANGE ORDER NO. 7/FINAL) WITH SEALAND CONTRACTORS CORPORATION FOR THE FEDERAL HIGHWAY BEAUTIFICATION PROJECT (PROJECT NO. 2009-009) This item was approved. Page 13City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft 8.E.13 16-308 CONTRACT AWARD TO STROBES-R-US TO PROVIDE AND INSTALL EMERGENCY LIGHTS AND EQUIPMENT This item was approved. 8.E.14 16-337 PROPOSED OFFER OF SETTLEMENT IN THE CLAIM OF CHRISTOPHER SPOCK V. CITY OF DELRAY BEACH This item was approved. 8.E.15 16-284 PROPOSED OFFER OF SETTLEMENT IN THE CASE OF LESLIE & JOEL FENIGSTEIN V. CITY OF DELRAY BEACH This item was approved. 9. PUBLIC HEARINGS: 9.A.16-339 DEVELOPER'S AGREEMENT FOR UPTOWN ATLANTIC (FIRST PUBLIC HEARING) Mr. Noel Pfeffer, City Attorney, presented this item. Public Comments: John Flynn and Dewayne Randolph representing Equity Enterprises, Inc. stated they are in agreement with the developer's agreement as stated by the City Attorney. Chuck Ridley spoke regarding the project and thanked the City Commission for their support. He stated the Community stands in agreement with the developer. Mr. Blanc stated he supports this project. Ms. Jocelyn Patrick stated she concurs with comments as made by Mr. Ridley and is happy with everything the developer has done and asked for the City Commission's support. Ms. Cindi Freeburn spoke regarding development and stated there are developers who work in good faith and more of that is needed in the city. She asked the City Commission to support this project. Deputy Vice Mayor Jarjura stated the Community Benefits Agreement (CBA) agreement protects the community and she will be supporting this tonight. Commissioner Katz commented regarding the developer working with the community. He also commended staff for their work on the agreement and Page 14City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft making it work. He stated he supports this going forward. Vice Mayor Jacquet thanked the City Attorney, staff and everyone who worked on this agreement. He stated this is where the city was trying to get to and now everyone is on the same page. He stated this will be great because the community is involved. He commended Mr. Flynn for taking the time to work with the community. Commissioner Petrolia stated she is in agreement with her colleagues and stated this will make a difference. Mayor Glickstein stated he concurs what his colleagues have said. A motion was made by Commissioner Katz, seconded by Commissioner Jarjura, that this Request be approved. The motion carried by the following vote: Yes:Mayor Glickstein, Vice-Mayor Petrolia, Deputy Vice Mayor Jacquet, Commissioner Jarjura, and Commissioner Katz 5 - 10. FIRST READINGS: 10.A. None 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager Mr. Cooper gave comments about engaging a recruitment firm regarding the City Attorney position. Commissioner Petrolia stated maybe the City Commission would like to bring in a firm on a temporary basis. Discussion ensued regarding an outside law firm. B. City Attorney Mr. Pfeffer commented regarding his resignation and the resignations of Michael Dutko and Stephanie Spritz. He stated he will begin to recruit and interview for the Assistant City Attorney position. Note Commissioner Jarjura thanked Mr. Pfeffer for coming to the city and how he has stablized things in the city and his service for the past two years. Page 15City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft Commissioner Petrolia commented regarding Attorney Dutko and stated she hopes Mr. Pfeffer is happy where he is going. Commissioner Katz thanked Attorney Pfeffer for his service and thanked him for his professionalism. He stated he is sad to see Attorney Dutko leave. He stated he wishes him well. Commissioner Katz stated he would like to address the salary for the position and you cannot obtain good talent unless you pay well. He stated not just for the City Attorney position but for other positions as well. Commissioner Katz stated he does not know if he would want to go to an outside attorney firm but would like to see the costs from other municipalities who utilize outside firms. He also referenced utilizing Mr. Cole's firm on a temporary basis during recruitment for the City Attorney position. Mayor Glickstein stated he is not interested in utilizing an outside firm and asked the City Commission to authorize the City Manager to pursue a recruitment firm. Discussion ensued regarding the City Attorney position. It was consensus of the City Commission to raise the salary regarding the City Attorney position. C. City Commission Commissioner Petrolia spoke regarding the trash situation. She stated the signs have not been changed on the trucks from Southern Waste Systems (SWS) to Waste Management and they are not picking up the trash. It was the consensus of the City Commission for this situation to be addressed. The City Commission stated there needs to be some communication regarding this. Vice Mayor Jacquet asked about Davis Road regarding the Atlantic Community High School. Commissioner Katz commented regarding the Item appealed tonight (Item 7.N.C.). Mr. Stillings stated Code Enforcement is aware of this situation and is handling this regarding fines for not having permits, etc. Commissioner Katz thanked Mr. Stillings and his staff for all of their hard Page 16City of Delray Beach Printed on 9/1/2016 April 5, 2016City Commission Minutes - Draft work. Mayor Glickstein commented regarding Vice Mayor Jacquet running for office and asked the City Attorney to explain the process. There being no further business, Mayor Glickstein de -clared the meeting adjourned at 11:35 p.m. Page 17City of Delray Beach Printed on 9/1/2016 SPECIAL MEETING NOVEMBER 3, 2015 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 5:00 p.m., on Tuesday, November 3, 2015. Roll call showed: Present -Vice Mayor Shelly Petrolia Commissioner Mitchell Katz Mayor Cary Glickstein Absent -Deputy Vice Mayor Alson Jacquet Commissioner Jordana Jarjura Also present were -Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1.CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Edwards CDS, LLC v. City of Delray Beach, Florida, Case No. 502015CA007155XXXXMB AE. Attendees:Mayor Cary D. Glickstein Vice Mayor Shelly Petrolia Deputy Vice-Mayor Al Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz City Manager Donald B. Cooper City Attorney Noel Pfeffer Jamie Alan Cole, Special Counsel A certified court reporter Purpose:Discuss settlement strategy related to the above case. Mayor Glickstein gave a brief overview regarding the Closed Attorney/Client Session. He explained that the meeting would include the list of attendees as outlined above. The session would last about sixty (60) minutes. All Attendees met in the First Floor Conference Room for the Closed Door Attorney/Client Session. Mayor Glickstein reconvened the Special Meeting at 5:31 p.m. and stated the Closed Session is terminated. Mayor Glickstein adjourned the Special Meeting at 5:31 p.m. 2 November 3, 2015 ________________________________ City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, November 3, 2015, which Minutes were formally approved and adopted by the City Commission on ___________________________. ________________________________ City Clerk NOTE TO READER:If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. WORKSHOP MEETING FEBRUARY 10, 2015 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, February 10, 2015. Roll call showed: Present -Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent -None Also present were -Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Workshop meeting to order and announced that it had been called for the purpose of considering the following items: WORKSHOP MEETING AGENDA 1. Public Comments Mayor Glickstein opened the meeting for public comment on the workshop meeting items. Public: 1. Jim Smith - requested that the City Commission and the City Manager direct staff to begin work drafting a city-wide initiative or an LDR change. 2. Jim Chard - representing Human Powered Delray (HPD), stated HPD supports the mobility fee. 3. Kevin Warner – thanked the City Commission for moving forward with the waste hauling contract. Secondly, Mr. Warner thanked Mayor Glickstein about his comments regarding the beach. Mr. Warner stated he too spends a lot of time in a different part of the beach and has witnessed the same problem that Mayor Glickstein has. Mr. Warner suggested that it is worth considering making it easier for the Police to enforce. 4. Sharon Koskoff – urged the City Commission to listen to the Public Art Advisory Board tonight and their request. 5. Andy Katz – speaking on behalf of the Beach Property Owners Association (BPOA), stated Rob Barron made a presentation to the BPOA and the BPOA wholeheartedly supports the effort to maintain and improve the Delray Beach Dune Management Program. 2 February 10, 2015 6. Mitch Katz – thanked the City Commission for moving forward with the waste hauling contract. 7. Bill Morris – supports the proposals from Safety As Floridians Expect (S.A.F.E.) and Human Powered Delray (HPD) because both of these organizations stand for the betterment of the community. Secondly, Mr. Morris suggested that the City look into widening the pedestrian walkway that goes over the Atlantic Avenue Bridge especially the metal portion that raises up. Lastly, Mr. Morris expressed concern over the dangerous intersection of N.E. 1st and 6th Avenue (directly across from Anthony’s Coal Fire Pizza) and he feels a traffic light is warranted in this location. 8. Jason Bregman – supports public art and gave a few brief comments on the mobility fee. 9. Christina Morrison – concurs with comments expressed by Jim Smith and stated Linton Boulevard needs to be widened and encourage safety with walking and bikes. 10. Ron Gilinsky – expressed concern over the traffic congestion on Atlantic Avenue and suggested eliminating left-hand turns on Atlantic Avenue (east and west) from Swinton Avenue to 5th Avenue. Secondly, Mr. Gilinsky urged the City to have an “opt out” clause in the solid waste contract in the event there is an issue. 11. Jestena Boughton – made a few brief comments about public art and stated she is in favor of the Delray Beach Historical Society getting some money and Linton Boulevard getting redone. 12. Alice Finst – stated the radio station 1620 is not broadcasting this evening. Mayor Glickstein then closed public comments as there were no other speakers. 2.Discussion regarding the Delray Beach Dune Management Program Rob Barron, Coastal Management and Consulting, gave a brief presentation regarding the Delray Beach Dune Management Program. Brief discussion between Mr. Barron and Mayor Glickstein followed. If we are going to do our dune system and look at how to protect our shorelines, Commissioner Jacquet suggested that Delray Beach look at other coastal cities around the world not just what the coastline of Florida or cities along the east coast of the United States are doing. After brief discussion, it was the consensus of the City Commission to direct staff to seek a Request for Proposal (RFP) for a plan for the Beach Dune Management Program. 3 February 10, 2015 Dan Bellante, Chairman of the Public Arts Advisory Board, introduced the members of the Public Art Advisory Board. At this point, the City Commission moved to Item #4, Delray Beach Historical Society Presentation. 3.Delray Beach Historical Society Presentation Winnie Edwards, Executive Director of the Delray Beach Historical Society, gave a brief presentation. Howard Ellingsworth, Treasurer of the Delray Beach Historical Society, gave a few brief comments regarding the Delray Beach Historical Society’s five-year project budget. Brief discussion by the City Commission followed. It was the consensus of the City Commission to support looking at this and Spady as staff moves forward with its budget work. At this point, the City Commission moved back to Item #3, Public Art Advisory Board Presentation. 4.Public Art Advisory Board Presentation The Public Art Advisory Board presented their request to fund five (5) specific projects as detailed in their 2015-2016 Action Plan. Glenn Weiss, Public Art Advisory Board, thanked Suzanne Davis for her help. Brief discussion by the Commission followed. Ms. Davis stated this is a request for the five (5) specific projects discussed; however, Ms. Davis stated the Public Art Advisory Board can regroup and come back with some more permanent art and projects. Ms. Edwards stated one way to expand their permanent art in Delray Beach would be to have someone who could write grants. It was the consensus of the Commission to direct the Public Art Advisory Board to come back with some more permanent art and projects versus temporary art. 5.Discussion regarding Sidewalk Deferral Update and Mobility Fee Dana Little, Planning and Zoning Director, gave a brief history of the sidewalk deferrals. Mr. Little stated staff requests the City Commission to decide if this concept is desirable for funding bike/ped or multi-modal needs. 4 February 10, 2015 He asked what direction does the City Commission have for further analyses or modifications (i.e. should staff test exactly what the revenues should be based upon exemptions or not, or do a further analysis of what other cities do is useful as well). Mr. Little stated there are infrastructure needs in particular the sidewalks and in many cases the bicycle infrastructure needs that could use funding. Brief discussion by the City Commission followed. Mr. Little briefly explained the mobility fund and stated the mobility fee is a percentage of construction and there is also the sidewalk in-lieu payment. Mr. Little stated everyone has to be cognizant of not hurting the smaller investors and noted that the details will have to be worked out. Deputy Vice Mayor Jarjura stated she supports this in concept; however, she would like to see further analysis and recommendations by staff in looking at other cities and how they do this (applies to the Public Art as well). Brief discussion between Mr. Little and Vice Mayor Petrolia followed. Vice Mayor Petrolia stated she feels this is important for the future of this town and supports moving forward and finding a way to make it work. Brief discussion between Mayor Glickstein and Mr. Krejcarek followed. It was the consensus of the City Commission to direct staff to move forward with further analysis of this fund (i.e. set-up as an Enterprise Fund). 6.Update on the Center for the Arts City Plaza Project (ADDENDUM) Joe Gillie, President/CEO of the Delray Beach Center for the Arts, introduced the founder of Old School Square Frances Bourque. In addition, Mr. Gillie introduced the new Chairman of the Board of Directors Bill Branning, Karen Richards, COO of the Delray Beach Center for the Arts, and Matthew Farmer, Assistant Artistic Director. Mr. Gillie gave a brief presentation on the strategic plan for the next five (5) years for the Delray Beach Center for the Arts. Bill Branning gave a brief update on the Center for the Arts City Plaza Project. Matthew Farmer gave a few brief comments. The City Commission made a few brief comments and supports the Arts City Plaza Project. 7.Commission Comments Deputy Vice Mayor Jarjura requested that staff do an analysis of possibly doing an RFP on non-motorized water equipment rentals along the Intracoastal (i.e. paddleboards, kayaks) and promoting outdoor healthy quality of life activity. She stated this would be another way to promote the city other than a food and beverage destination. 5 February 10, 2015 The City Manager stated with respect to the Delray Beach Center for the Arts there are 187 days that there are events here that occupies City staff. The City is reaching the point where we do not have the capacity. The City Manager suggested that this be discussed further in Goal Setting because of the detrimental impact. Mayor Glickstein stated the activities are concentrated in a very small area and not spread over the four-corners of the community (i.e. closing of Swinton Avenue for carnival rides). Vice Mayor Petrolia stated she is receiving feedback from people who are living here who have indicated that they do not go downtown any longer. Vice Mayor Petrolia stated she understands that we always want to bring people in to spend money; however, she is not so sure that people are coming anyway without all the carnivals, etc. and she feels that would be replaced by the people who actually live here and enjoy it without it being a carnival atmosphere. The City Manager stated it is reaching a point where the City’s ability to handle it in the proper way is being impacted and it has to be looked at. Mayor Glickstein stated all of these events from the very first Delray Affair had a stated purpose and those purposes change over time; the purpose of a lot of these is to just have an event rather than who are they serving. Noel Pfeffer, City Attorney stated House Bill 21; this year’s sober house legislation was heard in Tallahassee and that bill passed through the Committee and is very similar to the bill that was proposed last year. The City Attorney stated that bill is a milder version and does not include the patient brokering, the insurance fraud, or the deceptive trade practices. The City Attorney stated Thursday, February 19, 2015 the Senate is prepared to consider its first committee regarding that same bill. The City Attorney stated at some point he will be seeking direction from the City Commission on whether or not they want to propose to include in that bill references to patient brokering, insurance fraud and deceptive trade practices. Brief discussion by Mayor Glickstein and the City Attorney followed with respect to the two iterations of this bill. Mayor Glickstein stated everyone has worked very hard and this is a good first step. Mayor Glickstein adjourned the Workshop Meeting at 9:19 p.m. ________________________________ City Clerk ATTEST: MAYOR 6 February 10, 2015 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, February 10, 2015, which Minutes were formally approved and adopted by the City Commission on ________________________. ________________________________ City Clerk NOTE TO READER:If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. SPECIAL MEETING FEBRUARY 4, 2015 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 9:00 a.m. on Wednesday, February 4, 2015. Roll call showed: Present -Vice Mayor Shelly Petrolia Commissioner Adam Frankel Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent -None Also present were -Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA 1.Introductory remarks by Staff, Commission Discussion and Questions Noel Pfeffer, City Attorney, explained that the purpose of this meeting is to conduct its own evaluation and ranking of the vendor proposals in connection with RFP 2014-038 Solid Waste Collection and Recyclable Materials. The City Attorney stated the City Commission made its decision to conduct its own evaluation and ranking at the Special Meeting held on January 27, 2015. The City Attorney stated this morning five (5) vendors are scheduled to make oral presentations to the City Commission previously agreed upon ground rules announced at last week’s meeting are presentations in alphabetical order and each presentation shall not exceed 15 minutes. The presentations will be followed by questions by the City Commission answers by the proposers and will continue until all Commission questions have been answered. The RFP further provides that the City Commission determinations regarding the vendors shall be made in light of the six (6) criteria contained in Section 1.11 of the RFP, and that the City accept best overall proposal based on these listed criteria. After the presentations are made, the City Attorney stated there is further opportunity on the agenda for the Commission to ask questions among staff and to be clear on how they are to proceed with ranking. 2.Collection Of Solid Waste and Recyclable Materials RFP No. 2014-38 Proposers Presentation Schedule:The starting times for each presentation may be adjusted depending on the duration of each presentation. Proposers should be prepared to begin their presentation at the conclusion of the preceding Proposer’s presentation. 2 February 4, 2015 A. Advanced Disposal Services Solid Waste Southeast, Inc. Mary O’Brien, Chief Marketing Officer for Advanced Disposal Services Solid Waste Southeast, Inc.,gave a brief presentation and urged the City Commission to select Advanced Disposal Services Solid Waste Southeast, Inc. to be the City’s service provider for its commercial and residential citizens. J.R. Romero, General Manager for the West Palm Beach Operations/Solid Waste Southeast, Inc.,briefly spoke about the challenges of transition and commented about customer care, service and safety. Brief discussion between the City Commission and Mr. Romero ensued. B. Republic Services of Palm Beach Joanne Stanley, Municipal Service Manager for Republic Services of Palm Beach,gave a brief presentation and urged the Commission to select Republic Services of Palm Beach for the City’s service provider for its commercial and residential citizens. Brief discussion between the Commission, Ms. Stanley, and the City Manager ensued. C. Southern Waste Systems (SWS) John Casagrande, Vice President of Southern Waste Systems,gave a brief presentation and urged the City Commission to select Southern Waste Systems (SWS) for the City’s service provider for its commercial and residential citizens. Brief discussion between the City Commission, Mr. Casagrande, and the City Manager ensued. D. Waste Management of Florida, Inc. Ellen Smith, Government Affairs Manager for Waste Management of Florida, Inc.,gave a brief presentation and urged the City Commission to select Waste Management of Florida, Inc. for the City’s service provider for its commercial and residential citizens. Brief discussion between the City Commission and Ms. Smith ensued. E. Waste Pro of Florida, Inc. Russell Mackie, Regional Vice President of Waste Pro of Florida, Inc.,gave a brief presentation and urged the City Commission to select Waste Pro of Florida, Inc. for the City’s service provider for its commercial and residential citizens. Brief discussion between the City Commission and Mr. Mackie ensued. 3 February 4, 2015 3.Discussion and ranking of Proposers presentations Brief discussion between Mayor Glickstein and Mr. Casagrande followed. Brief discussion between Ms. Jarjura and Mr. Casagrande followed. Joanne Stanley, Republic Services of Palm Beach, came forward and gave a few brief comments. J.R. Romero, Solid Waste Southeast, Inc., came forward and gave a few brief comments. David Dee, Outside Counsel assisting the City of Delray Beach with this project, stated the RFP has an agreement attached to it and in the agreement it explicitly states that yard trash cannot be mixed with bulky waste or with other types of waste. Mr. Dee stated if Southern Waste Systems (SWS) is planning to mix yard trash with other materials that is a potential problem; if SWS is planning to bring trucks from other communities to make up the shortfall with the number of trucks they have for commercial collection that is also a potential problem. However, Mr. Dee stated the City has the discretion to grant SWS relief and to allow them to bring in trucks from other areas. Vice Mayor Petrolia inquired if SWS will be mixing trash and bringing trucks in from other communities. Mr. Casagrande clarified that he understands he cannot mix the garbage and that they can pick up bulk such as a chair or patio furniture but the vegetation is totally separate. The City Manager made a few brief comments and stated SWS would have to resolve some of their issues by adding more equipment. The City Manager stated if there is heavier garbage then you would have to make more trips back and forth to the transfer station and the truck only has a certain amount of gross vehicle weight that it can handle on the road. Brief discussion followed between the City Manager and the City Commission. The City Attorney stated the cost of the proposer’s services is essentially the price the City would pay for the service. For clarification, the City Attorney stated the total amounts in the financial spreadsheet are very useful numbers and emphasized that the price sheets have at least twenty different categories. Therefore, the City Attorney stated when the City Commission assesses the cost of the services it is not just looking at the lowest cost, but the Commission also has to look at all the bid prices and that is part of their evaluation of the cost of the proposer. Commissioner Frankel made a few brief comments. Further discussion between the City Attorney and the City Commission regarding the Franchise Agreement followed. Brief discussion between Mr. Dee and the City Commission followed. 4 February 4, 2015 The City Attorney stated this was not a bid; it was an RFP. The City Commission solicited proposals from vendors to meet the City’s performance standards; the evaluation system for the Selection Committee was not a point system; it was a ranking. The City Attorney recommended that the Commission evaluate these proposals in the same manner as the Selection Committee. The City Attorney explained the intent of the RFP and the instructions that were given to the Selection Committee. The City Attorney stated once the City Commission has concluded that process then the City Commission is asked to rank the vendors (#1 being the best and #5 being the least favorite). Those are then tallied, added and the City Commission determines who the highest ranked bidder is. The City Attorney stated that was the instruction and methodology used by the Selection Committee and suggested that the City Commission utilize that same process. 4.Commission Comments The City Commission made a few brief comments. At this point, Vice Mayor Petrolia left the meeting. 5.Motion to approve the ranking and direct staff to negotiate a Franchise Agreement with the highest ranked Proposer The City Clerk announced the results of the tally and stated the final ranking is as follows: Advanced Disposal Services Solid Waste Southeast, Inc. – 13 Republic Services of Palm Beach – 17 Southern Waste Systems – 5 Waste Management of Florida, Inc. – 7 Waste Pro of Florida, Inc. - 18 Deputy Vice Mayor Jarjura moved to approve the ranking, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Deputy Vice Mayor Jarjura – Yes; Mayor Glickstein – Yes. Said motion passed with a 3 to 0 vote. Deputy Vice Mayor Jarjura moved to direct staff to start contract negotiations with Southern Waste Systems (SWS), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Ms. Jarjura – Yes; Mayor Glickstein – Yes; Mr. Frankel – Yes. Said motion passed with a 3 to 0 vote. Mayor Glickstein adjourned the Special Meeting at 3:41 p.m. ____________________________________ City Clerk 5 February 4, 2015 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Wednesday, February 4, 2015, which Minutes were formally approved and adopted by the City Commission on _______________________________. ____________________________________ 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 Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-865,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director Environmental Services THROUGH:Donald B. Cooper, City Manager DATE:September 8, 2016 SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION / PROFESSIONAL SERVICES FOR CAPITAL PROJECTS - FY 2015-2016. Recommended Action: Motion to Approve the Second Amendment to the Interlocal Agreement (ILA) between the City and the Community Redevelopment Agency (CRA) to provide for changes in the amount of funding for the Old School Square Building Maintenance project listed in Exhibit 'A' to the Original Agreement. Background: On June 21, 2016, City Commission approved the First Amendment to the Interlocal Agreement (ILA) between the City and the Community Redevelopment Agency (CRA) for funding of construction and professional services to revise the funding amounts for projects approved in the CRA's final FY 2015- 2016 Budget Amendment. On August 12, 2016, the City opened Invitation to Bid No. 2016-130 which resulted in one bid in the amount of $1,199,124 from West Construction, Inc. The proposed construction bid amount along with the current engineering fees has exceeded the CRA's budgeted amount of $1.1 million. The initial amount budgeted this year for Old School Square maintenance was $300,000. After an assessment of the roofs it was determined that major roof maintenance was needed on the Crest Theatre, Gymnasium, and Amphitheater prior to other maintenance. At this time the CRA increased their contribution by $800,000 resulting in a project budget of $1.1 million. Subsequently it was determined that historic roof shingles should be replaced at the Cornell Museum. On August 25, 2016, the CRA increased their contribution by $250,000 for a new project budget of $1.35 million. On August 16, 2016, the City Commission approved the City Manager's spending authority to $1,325,000 to expedite the construction project (Project No. 16-004). In order to facilitate the completion of the project in time for the holiday season and to address any unforseen repairs that may arise during construction, Staff recommends an increase of funding to $1,350,000 as indicated in Exhibit 'A' of the attached Amendment No. 2 to the Interlocal Agreement. City Attorney Review: Approved as to form and legal sufficiency. Funding Source: City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-865,Version:1 The Community Redevelopment Agency is funding 100% of this project. Funding is available from Account No. 334-4151-572-65.55 pending the budget transfer. Timing of Request: Due to the urgency to maintain the buildings and ensure the project is completed by November 15, 2016, in time for the holiday season, it is very important that this Amendment No. 2 is approved. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ CITY OF DELRAY BEACH 100 NW 1'' A VENUE, DELRAY BEACH, FL 33444 nm No. 2014.37 SllltlRSllll WASTEWATER PlltPS AlllAl ClllRACT MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER -CARY D. GLICKSTEIN -SHELLY PETROLIA -JORDANA JARJURA -AL JACQUET -ADAM FRANKEL -LOUIE CHAPMAN, JR. PurchasingDivision+Finance Department +(561) 243-7161/7163 +Fax (561) 243-7166 CITY OF DELRAY BEACH PURCHASING OFFICE N.W. 1st AVENUE DELRAY BEACH, FL 33444 INVITATION TO BID BID No. 2014-37 TEL: (561) 243-716117163 FAX: (561) 243-7166 www.mydelraybeach.com SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT June 23, 2014 This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SCOPE OF WORK: Successful bidder shall furnish to the City an estimated sixteen (16) submersible non-clog sewage pumps "as needed". Each pump as estimated shall be capable of delivering various GPM at various TOH, with a shut off head of various TOH (minimum). The City of Delray Beach, FL (City) hereby invites qualified firms or individuals (bidders) to submit bids for the purchase and delivery of submersible wastewater pumps for the City's Utilities' Maintenance department. DUE DATE: 10:00 A.M. on MONDAY, July 15, 2014 at which time all bids will be publicly opened and read. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall in the first floor Conference Room. Bidders and the general public are invited and encouraged to attend. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to utilized the form provided in the bid package and to ensure that his/her bid reaches the Purchasing Office on/or before the closing date and hour as shown above. RETURN ONE UNBOUND (1) ORIGINAL, TWO (2) COPIES OF ALL BID SHEETS and electronic copy on CD or thumb drive. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 18 T Avenue, Delray Beach, Florida 33444. Bids time-stamped at 10:01 AM. or later, will not be considered for award and will be returned to the Bidder. DOCUMENTS AND ANY ADDENDA are available on-line at the Demandstar website, ww.demandstar.com. Demandstar offers a free single agency subscription which includes free document downloads by registering at www.demandstar.com/registcr.rsp. If you need assistance with registration, or you are a first-time registrant and need immediate download of a document, please call (800) 711-1712. Bid Documents obtained from any source other than Demandstar or the City of Delray Beach Purchasing office may not be accurate or complete, and each Bidder assumes all risks by its reliance on such documents. A Bidder who has not obtained bid documents from DemandStar or the Purchasing office will not be notified of any addenda issued by the City, which could contain material changes thereto (such as additions or changes to the technical specifications, extensions of time, etc.). INQUIRIES: Questions regarding this solicitation must be directed to Purchasing, at (561)243-7161 or 7163, by fax to (561) 243 7166 or by email to nadal@mydelraybeach.com. To ensure a timely response, inquiries should be made by Monday, July 07, 2014 no later than 2:00 P.M. Information in response to inquiries will be published as an Addendum. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Commission or City Manager. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. (Remainder of page intentionally left blank) Bid No. 2014-37 Submersible Wastewater Pumps 2[Page Title: Vendor Name: Addenda Enclosed T Submission Details CITY OF DELRAY BEACH Invitation To Bid BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS -ANNUAL CONTRACT -I . . ·;) /I lO fL f_b_ ,o, o .'i r.e i-t4 f/u ""' ;() C11 .• I ___ thru __ Submission Deadline Monday, July 151fi, 2014 Time: 10:00 A.M. Submissions Accepted Via: Details: Comments; Mail or In Person CITY OF DELRAY BEACH PURCHASING, Attn: Patsy Nadal 100 NW 18T AVENUE CITY OF DELRAY BEACH, FL 33444 A fax or electronic copy will not be accepted as a sealed bid. Time Stamped In: ------(by CITY Of DELRAY BEACH BID No. 2014·3'1 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT Invitation To Bid Table of Contents General Conditions and Information Indemnity I Hold Harmless Agreement Cone Of Silence Drug Free Work Place Certification Insurance Requirements & Sample Insurance Form Standard Form Of Agreement Corporate Acknowledgement Certificate (if Corporation) Specifications Schedule of Pricing Professional References Bid Signature Form Vendors Marketing and/or Additional Information Statement of No Bid Bid No. 2014-37 Submersible Wastewater Pumps PAGE No 1-2 3 4-8 9 10 11 12-15 16-21 22 23 24-27 28-29 30 31 32 33 3IPage 1. SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. E. Please read the bid package in its entirety, including the language in the sample agreement. This language will not be change or modified. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES AND PRODUCT CONSIDERATION: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be finm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) "uoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event oi his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obta·1ned on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. F. Economic Price Adjustment a) There may be a change in-the Successful Bidder's price due to fluctuations in the cost of doing business. In the event of a decrease, the City shall receive the benefit of this change. In the event of an increase, the Successful Bidder must provide Purchasing with a written request and suitable justification at least thirty (30) calendar days ~efore the price increase would become effective. The City determines if the price increase is justified. Only recognized economic indices will be used to consider any increase in contract pricing. Only one (1) escalation request will be considered from the Successful Bidder on an annual basis at the time of renewal. Bid No. 2014-37 Submersible Wastewater Pumps 41Page 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. C. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified by the City department after receipt of purchase order. 5. PAYMENT: Payment in full will be made AFTER all units have been delivered, inspected, and accepted by the City. 6. INSPECTIONS: An authorized representative of the City shall have the right to inspect units upon delivery for condition and completeness of order. After inspection, Bidder will correct any unit unacceptable, including freight charges for returning units, at no expense to the City. 7. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 8. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 9. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 10. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 11. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 12. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 13. -MANUFACTURER'S CERTIFICATION.: Th.e City of Delray Beach reserves the righ\ to _ _reque~t fr()m bidders separate manufacturer certification of all Statements made in the proposat -· ·· 14. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. Bid No. 2014-37 Submersible Wastewater Pumps SIP age 15. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or comb'1nation of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. CONTRACT TERM: Term of contract shall be for two (2) year(s) from date of executed contract and expiring two (2) years later. The City Commission may renew the contract, at the same terms, conditions, and price(s) for one (1) consecutive term of two years (2) year(s) 18. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 19. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 20. EXCEPTIONS TO CONDITIONS. 1 THRU 26 (Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 21. ANTI-COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with,. prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. CONFLICT OF INTEREST: A. · Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must aisclose wrtrr their bid th·e name •of any officer, director or agent who is also an employee Qf the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. 23. CITY POLICIES: Awarded contractor shall comply wi.th the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. V1olal'1ons of these policies may result in cancellation/termination of the contract. Bid No. 2014-37 Submersible Wastewater Pumps 6iPage 24. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 25. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 26. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 27. PROTEST OF AWARD I PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.291-13, Sec.35.04 Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 1'' Ave Delray Beach, FL 33444 Bid No. 2014-37 Submersible Wastewater Pumps 7[Page 28. PUBLIC RECORDS: Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. e) If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 29. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors 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. (The remainder of this page has been intentionally left blank) Bid No. 2014-37 Submersible Wastewater Pumps 8iPage BID No. 2014·37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT Contractor s.hall, in addition to any other obligation to indemnify the City of Delray Beach Florida arn:I to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodlly injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar Any cost of expenses, including attorney's fees, appel.late, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor The obligations contained in this Indemnification Clause shall continu.e indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement Sov/#Ellr1~lc1J Vu,.,,,p Contractor's Name Bid No. 20L4-37 Submersible Wastevvater Pu1nps BID No. 2014·37 SUBMERSIBLE WASTEWATER PUMPS -ANNUAL CONTRACT The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" prov'ision that lim.1ts communication during the City's procurement prncess in regard to this RFP, which pt-ovides as follows: Sec. 2-355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other compe.titive 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 gqverning 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 prov'1s·1ons of this article shall not apply to oral communications at any publ'lc proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipa1 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 Ill, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shaJI 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, rej.ects all bids or responses, or otherwise takes action wh·1ch ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. Contractor's Name gnatUre ) Bid No. 2014-37 Subnie-rsible Wastewate1· Pumps lOIPagc BID No. 2014·37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notify'1ng 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 employee" 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 (i), 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 3g3 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 employ'ee 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. Sour /IE t4 5fif;)f ,-v )?,, ,n,,-f1 Contractor's Name Bid No. 2014-37 Submersible. Wastewater Pumps lllPage A GENERAL During the term of the contract with the City, the contractor shall procure and maintain the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE insurance of Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation -Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability -Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $500,000 per occurrence, $1 MM aggregate, combined Bodily Injury Liability and Property Damage Liability. single limit for 3. Business Auto Policy -Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance -Certificates of Insurance evidencing the insurance coverage specified in the previous paragraph should be received by Purchasing prior to commencement of work. The required Certificates of Insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished. The successful bidder will endorse the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Certificate of Insurance the successful bidder ("not the "insured") shall be required to notify the City of material changes or cancellation of insurance policies, orcnon-renewal. Bid No. 2014-37 Submersible Wastewater Pumps 12 I P a g e SAMPLE .OP JO· KR ACC>RD" CERTIFICATE OF LIABILITY INSURANCE I bA1"':jl:IMIODJY'('f!] i...__--- I IBlS C8'rnfJCATE IS JSSLJED AS A IMTTER Of INFORN'..ATIDN ONLY AND CONn:.RS NO .R!GH 1:0 UPON THE CERTIACA'f:E: HOl..DE,~ THIS CERTIACATE Poss NOT AFFIRMATIVELY OR NE"d.TIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY !HE f'OUC~ BELOW. rnrs CER-TrFlCATE OF lNSURAflCE DOES NOT CONSTITIJTE A_ CONTRACT SEJ"lll<':SN THE lSSLitNG INSUR-~Sl, A!JTHOPJZED RE'RESENTATIYE OR PRODUCER, AND THE CERTIFlCA.TE HOLQER. 1MPDRTANT; lf the e&rifficaE holder ls an ADD1TlONAL lNS[JRSJ, fu~ poftcy{ies) triust !le endorsed. If SUBROGATION JS WAzvEn, subjact h:l the tarrus ani:l C'OnQJtions of the pi;i!lc:y, csrtain po!'ide$ ~Y reqcire an endotscmeot. A sti:~errt. on thi$ ce;rtiffc::ate does not r::orrfar rigtrls ti:i fhe ~iifficate hold?!' ln lieu of scch endor:sernelit'.s). · f'l<CDUCER Phone.: ; oJ~'TAGT • l·NAME: JQhn Doe Fu: -PHONE jf.tk.ll<>, i AllC Insurance ~~.~ I Com.pany ~~ Address l/;su;{E>.(S) AF\"LlitrllNG COVERAGE )WC: 1~);.; .. . ·~ ~Sl.JR5l5' lllSURE",C; Gontr2ctor 1,i!ame. 1f!~.JRER~ I Mcire.ss INSURSRE: INS'.IRER:<• " CRTIFlCA TE NUMBER'. ~ REVISION NUMBER: I THIS IS TO CERTlFY TI{A 1 THE POUCl:S Of INSLlRAl<lCE LISTED as.ow H.A.VE BEN !SSUE:l TO I HE 'lNSUR2D NAM=ri ABOVE FOR THE PCUGY PERIOD lNDtCATECI. NOTii'VffiiSTANDlNG Af.IY P.EOIJlR-EM8\'T, TERM OR. DDNDTTION Of ANY CONTRACT Of\ OTHER DOCUMENT \i\'!TH RESPECT TO WrllCH Tr11S CERTlFl::ATE MAY s::: ISSUED OR MAY PSRTAlN, iHE \NSURANCE A.i:r'ORDED BY TH~ POUC~S oescRtBED HEREJN \S SUEJECT TO ALL THE TER~. ' EX;CLUSiONS AND CONOi'TlONS OF SUCH POUClES. LlMITS SHQl/\IN MAY HA\'<:: BEEN 1'..E:lUCED 31 ?ND CUJMS. . 1t;>;l TYPF. OF JNSUR.1>.NCO ' SU5RI ,,~ POUCifllJM~ i~JBS-.29Yl ~~:~-1 u""° ·16ENER~LUASrc..'T't ~~ ] , · '\ ,oon,ooc [I i""'°'"'~ffi"~ " ~-lt::'..J 500.>0_0~ A PR9.\IS~'IRl=· . ' CL.Alhl.WIAO~ [I] oo:;:JR i MED EX? (My C<>e i>e=;' ' 1n,ooc ~CNAL 1,__NN TNJcJRY ' i,OO{l,00( ! ~~~n"'"-'r''r"' ! G8'EMLAGGREGATIO ' 1,00{1;00( PROW:;r1; ~COMPDP AGG ,I ~ .i,000,001 'PCll..Cf. P~ W:: I ' IA ITT~D~~-'~ "' 1('8:J __ sr.~L11.1tt ' i ,000,001 ""'""'" WO!LYJIJJL.Rr{P"l'!""='l} ' ~ Rl:JIF OO!J!LY\t-WRY~~) ' ' F/CN-OW® " """""' I• HrRED ALJfO~ A!JTOS • f?<!-Bcci:ierfi ,, i=i~LJM rl-' I I EACHO:::C'J.'!P~""'E ' A ~L\.O,a C:....!..l!t.S-M"'°"-AGBREG'-TI'. 1, I i=! 1 R..S&tt1Ct-<~ ' I'~ = ... Fa.s:..110N I w::. S[!;,1ifs I P,WI ;..NO SlPL~ UA3i!JTf y IN 8-EACK ACCltENT L s:·.1 000 000 Afff?RCT'i'tla--uRJ?/IRTi'~ -O.''i'1CTiU!o!EMSS', EXCLUDED? D w aDISEASE·Si-~PLo~-; 1 • .QQQ, nn" j g;y~~~o~r . DEScruPTJON o~ ~:::J,TIONS below EL DS$0.SE • POL!oi LlMIT s l-000 000 A I I r I I UEOS\;R.IPTIDN G", \F9'(I., ilON>: ! LO::t..il0!\'51\S-l!:::L=> ~~ACORD 11J1.A0dmo~ ~ ~'-"-<., lfll"'""-"F'"'" i< ""!~ I I -. City of Delray:1Beab.ii iB lis-<:ed a' Arlcliticmal I.nsuTed Prod·ect Name: P'!:oj-e:r::t Nlli!lber: 30 Days Notice for Canc:ellat::ion C.:ERTIRCA. TI'. HOLD!:R City of Delray Beach 100 f-.TI/IT 1"1 _t\.venue Delray Beach, FL 33444- ACORD 2E (2ll1Qfa5j CITDB-i GANCa.J.A.TION I SHOULD ~NY OF THE ABOVE DESCRIS~ POUC.13 EE Cl\Noat.ED 9EFOF<E: TI-!£ EXP1RAIDN tlATE TI-'51.EOF, NOTIC:: WIU aE DaN2'tED JN ACCORDAN:::: WITH 711;: ?D'...JCY F'RDY!SIOr.IS.--3 0 Days No ti('_ e @ 198B~AtiD ACORD CORPORATION. All rigr-m>. ~_!)'}4 .. ,--."-~------ Tr~ ACORD narrra ruici lo_go ars registsrerl marks ot ACORD Bid No. 2014-37 Submersible Wastewater Pumps 131Page !MPORYANT lf the certlfioate f;oldef Is •n ADDITIONAL INSlJRED, the pt>licy(ie•) rnust be endo:setl. A statement on this certlficale does: ~t confer rights io iha certificate holder in fioo of s:ucli endcrsement{E}, If SUBROGATION IS WAIVED, suh)ed fl> lM terms aod coodillorcl of th<> policy, cer'.aln p<>!lcles may requ:Ira an endoroernenl A sfaternent oo this certlflcate does not confer rights ia the cerflfioa:te hold" In ITeu of $lJoh ~ndoraemon~s). DISC:lA!MER Tho eertffi¢ara ar Insurance ou Ill• ""'"""' side of lillo fomi does not ronstiM• a cOJ\tract bal.Waen Iha lsstilng lnsu!<lr(s), avttlo<lzed represeniaflve or producer, end th<> certili"'1te nofder, nor does It ffillrma:llva!y or neg;iilveiy amen<!, erlond ar a!ler f!;o coverage sffooieti by file policies f!Stod tharoon.. Bid No. 2014-37 Submersible Wastewater Pumps i· ' 14[Page COMMERCIAL GENERAL UABlLffi' THIS ENDORSEMENT CHANGES THE POLICY. PL!OASE READ IT CAREFULLY. ADDITIONAL INSURED • OWNERS, LESSEES OR CONTRACTORS· AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT • COMPLETED OPERATIONS This endorsemsn1 modifies Insurance provldBd under the following: COMMERCIAL GENERl\L UABILITY COVERAGE 'PART A. Section ll ~ V{ho ls An ltisured is amended lo include as an additional lrrsured any person or organization when you and such person or organlzation t1ave agreed in writin~ in a contract or ag~eement that such person or organlzation be added as an additional in- sured on your poilcy, Such person ororgan- t::ation ls an addltional insured oniy with respect to liability caused, in whole or in part, by "your work" petfonned iorthat insured and ind uded rn th~ "products-comp~eted oper- ations" hazard. The coverage afforded to the Additional In- sured is solely limited to !labll!ty specifically resulting frorn tl-ie conduct of i:he Named in- sured, which may be imputed i:o the Addi- tion al lmmred. B. Thfs endorsement provldes no coverage to the Additional lnsurl:'>d for !lability caused, in whole or in part, out of the c\alrned ne.g:rigence of the Additional lnsured, other than willch may 0e impL<led to the Additiohal Insured by vJrtue of the conduct of the Named Insured, · C, Vv'i1:h respect 1;o thi;.. insurance a:!forded these add ttional insureds, the fo\iowlng addition al exclus.lon applies: ln:Jut!"-" CopyrlQhtsO Mo..,rfal cf l~~'""n"" Sarvio"-' of(,,,.., Irr-•• \11th lb P"ITTll•~lon. Bid No. 2014-37 Submersible Wastewater Pumps This !rtsu·rance -does not apply fa: 1. 'Bodily lnjmy, ~property damage .. or ~personal and advertiEO\ng injury" cau·sed, 1n whole or ir. part by the rendering of, or the failure io render, any professiona! arc;hi\ectural, engineering, or surveying services, lncludlng: a. The preparing., approving, or fa!ling to prepare or approve.. maps, shop drawings, oplnl::ins, reports, surveys, field orders, change ortfera, or drawing and specificatkms; and b, Supervlsory, lnspBction, archttec- tural, or engineering actlvffies. z. Wiltful mlso:induct of_, or for defects in design furnlslled by, the additional In- sured or its "employees~. !-J; a condition of coverag.e, the additional in- sured shall be obllg.ated to tender the defens;;, and lnde\i;ntty of every c\alm or suit to all otller insurers That may provide coverage to the adcf1tlonal insured, Whether contingent, excess orprlmaty. CG 70 ST 01 05 15 i P a g e STANDARD FORM OIF AGREEMEM'll' BETWEllEM can AND Cf:Hll'rRAftOR THIS AGREEMENT made this <)_~ay of ~ , 2014, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Southern Wastewater Equipment Corp. d/b/a Southeastern Pump (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Invitation to Bid Table of Contents General Conditions, Instructions and Information Indemnity/Hold Harmless Agreement Cone of Silence Drug Free Work Place Certification Insurance Requirements & Sample Ins. Forms Standard Form of Agreement Corporate Acknowledgment Certificate (If Corporation) Specifications Schedule of Pricing Professional References Bid Signature Form Vendors Marketing and /or Additional Information Statement of No Bid Bid No. 2014-37 Submersible Wastewater Pumps PAGE NUMBERS 1 - 2 3 4-8 9 10 11 12 -15 16 -21 22 23 24 -27 28 -29 30 31 32 33 16IPage Addenda numbers _1_ to _1_inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: As to CONTRACTOR: City of Delray Beach, FL 100NW1st Avenue Delray Beach, FL 33444 Southern Wastewater Equipment Corp. d/b/a Southeastern Pump 1368 SW 121h Avenue Pompano Beach, FL 33069 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. Bid No. 2014-37 Submersible Wastewater Pumps 171Page 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR 1n the performance of this Project CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servant$ or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. Bid No. 2014-37 Submersible Wastewater Pumps 181Page The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. PUBLIC RECORDS LAWS: CONTRACTOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CONTRACTOR agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the CONTRACTOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the CONTRACTOR. e) If CONTRACTOR does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Bid No. 2014-37 Submersible Wastewater Pumps 19[Page 12. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested maybe deemed by the City to be a material breach of this Agreement justifying its termination. 13. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 14. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No. 2014-37 Submersible Wastewater Pumps 20 IP age IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESS: ;J -~ JJi . \... f • i'l lLV ~l1...U..rU r! ' (Print or type name and title) Bid No. 2014-37 Submersible Wastewater Pumps AY BEACH, FLORIDA co~-~~: , ('i , BY: ' lj[__ \ , \),uY--4 ' ~,i,.-i'? Ve<EP..L!AiG ·'fKcsioe>'.rr (Print or type name and title) (SEAL) 211Page STATE OF Flo1-\da: COUNTY of Browo.rcl The foregoing instrument was acknowledged before me this 15~ day of officer or agent, title of officer or agent), of __ F~-~l=o~r~1~cl=o~ __________ (state or place of incorporation) corporation, on behalf of the corporation. ~/She is (personally known to me) (or has produced identification) and has used his/her -------------------(type of identification) as identification. Name of Acknowledger Typed, Printed or Stamped Bid No. 2014-3 7 Submersible Wastewater Pumps 221Page STATE OF FLORIDA COUNTY OF ) ) SS ) ~~~~~~~~~~-) Cli!R"ll'IFICA'tl"IE (If Corporation) I HEREBY CERTIFY that a meeting of the Board of Directors of5oc'<-heo.sten\ \\(,15\-ewa\e( Dj• 1\;;wnerit C.Oqicca-fo:m , a corporation under the laws of the State of ,flo~ich held on Sey\-\ 51& , 20.l!:L the following resolution was duly passed and adopted: "RESOLVED", that Jorm\> Veed11~ \\\ 'as President of the corporation, Jli;/shei hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation"_ I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this \5-ii day of 5epterr,\Je-r I (Seal) Bid No. 2014-37 Submersible Wastewater Pumps 23[Page CITY OIF DELRAY BEACH SPECIFICA'l'HHllS BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to establish an open-end (blanket) contract for the purchase of Submersible Wastewater Pumps at the most economical price for delivery to the City of Delray Beach, Utility Maintenance, 434 South Swinton Avenue, Delray Beach, Florida, 33444 "AS NEEDED". Service and good quality are of primary concern. Bidders with low standards for either service or quality will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described herein. B. NOTICE OF AWARD: It is and Sh\'111 be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent, and purchase order shall be issued to the Bidder covering the same. Contract shall be awarded to the Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current clients. Reference check, review of equipment, and examination of financial stability will be considered together with price in the contract award. Award of Bid shall be made to the LOWEST GRAND TOTAL BID which is considered to be in the best interest of the City. VENDORS MUST BID ON ALL ITEMS LISTED ON BID FORM (Schedule of Pricing). VENDORS SHALL SPECIFY BRAND NAME AND NUMBER ON BID FORM. ALL PRICING SHALL BE BASED INSIDE DELIVERY. DELIVERY COSTS SHALL BE INCLUDED IN YOUR BID. C. COMPETENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the city of Delray Beach. D. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for regular work-hours and after-hours, weekends, and holidays must be identified. E. QUANTITIES: Quantities stated on Bid Form (Schedule of Pricing) are estimates only. No guarantee is given as to the actual quantities that will be needed. Estimated quantities are based upon previous needs and estimated usage for a twelve (12) month period. Said estimated quantities shall be used for purpose of evaluating the low bidder meeting specifications by the City. As stated on the Bid Form (Schedule of Pricing), the City requires an estimated sixteen ( 16) Submersible Pumps during the contract period. F. FIRM PRICE: The City requires a firm fixed price for unit pricing stated on Bid Form (Schedule of Pricing) for the contract period. Bid No. 2014-37 Submersible Wastewater Pumps 24]Page G. RENEWAL TERMS: The City Commission may renew the contract, at the same terms, conditions, and price(s) for one (1) consecutive term of two years (2) year(s) as stated in the General Conditions, item #17. H. PERFORMANCE: It is the intention of the City of Delray Beach to contract as specified herein with one source that will give prompt and convenient response to the City's needs. Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting contract immediately upon notice by the City. I. TERMINATION: This CONTRACT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CONTRACTOR and the CITY shall also have a right to terminate this CONTRACT for convenience at any time by providing thirty (30) calendar days written notice to either one or the other. · J. ADDITION/DELETION OF ITEMS: The City Of Delray Beach reserves the right to add or delete any item(s) from this bid or resulting contract when deemed to be in the best interest of the City. The awarded vendor will be requested to submit a quote on any areas to be added to the contract. K. ALTERNATES: For purpose of bid evaluation, Bidder(s) must indicate any variance to the specifications, terms, and conditions, NO MATTER HOW SLIGHT on the Bid Form. If variations are not stated on the Bid Form, it shall be construed that the Bid fully complies with the specifications, terms, and conditions as given herein. Bidders offering alternate or equal products must include full specifications with their proposal. FAILURE TO PROVIDE SPECIFICATIONS OF ALTERNATES WILL NECESSITATE IN THE DISQUALIFICATION OF BIDS. Note: The use of certain manufacturer's name and catalog number is not intended to exclude consideration of products of other manufacturers meeting the requirements for the item and whose specifications are equal by industry standards. Alternates rnay be acceptable if they can be proven to be better than or equal to that which is specified. THE CITY OF DELRAY BEACH WILL BE THE SOLE JUDGE OF ALTERNATE PUMP ACCEPTABILITY. L. REFERENCES: The bidder 3hall submit, with this proposal, a list of customers who have been supplied with similar pumps to the units specified in this bid. Telephone numbers and contacts must be included in any reference given. M. WARRANTY: The bidder shall supply, with his proposal, a copy of the warranty policy that covers each type of pump bid. N. PUMP PERFORMANCE: The Bidder shall submit, with his proposal, pump curves for all pump/impeller combinations which are available in the horsepower categories specified on the hid sheet. O. TESTING: The successful bidder shall supply test results for the pumps prior to installation by the City. Testing is required to confirm that the units conform to the specifications. The City reserves the right to witness these tests. P. DELIVERY: All prices to be quoted F.O.B. Delivered Designated Destination, City of Delray Beach, Utility Maintenance, 434 S. Swinton Avenue, Delray Beach, Florida. Q. INFORMATION: Any 'q-uestions and/or clarification cin regards to the Detailed Specifications of this bier should be addressed the Purchasing department, in writing via email nadal@mydelraybeach.com, or fax (561) 243-7166. Questions in regards to the submission of your bid should be addressed to Purchasing at (561) 243-7161or7163. Bid No. 2014-37 Submersible Wastewater Pumps 25 I P a g e R. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold of 36 months from the date of being placed on the convicted vendor list. S. DETAILED SPECIFICATIONS: 1. SCOPE: Successful bidder shall furnish to the City an estimated sixteen (16) submersible non-clog sewage pumps. Each pump as estimated shall be capable of delivering various GPM at various TDH, with a shut off head of various TOH (minimum). The pump motor shall be 1750/3450 RPM, various HP (minimum), 3 phase, 60 Hertz, 230/460 volts. The pump manufacturers must demonstrate a minimum offive (5) years successful performance in the United States. 2. PUMP AND LIFT-OUT DESIGN: Each pump shall be capable of handling raw, unscreened raw, unscreened domestic sewage consisting of water, fibrous materials, and three (3) inch maximum diameter spherical solids. The pump(s) shall be capable of handling liquids with temperature to 160 degrees F, and shall be capable of running dry for extended periods of time without damage to the motor and/or seals. · The discharge connection elbow shall be permanently installed in the wet well along with the discharge piping. The pump(s) shall be automatically connected to the discharge connection elbow when lowered into place, and shall be easily removed for inspection and service. There shall be no need for personnel to enter the wet well. Sealing of the pumping unit to the discharge connection shall be accomplished by a simple linear downward motion of the pump. A sliding guide bracket shall be an integral part of the pump unit and shall engage a minimum of 20 inches of the guide rails at any one time. The guide bracket shall wrap around the guide rails in excess of 180 degrees. The entire weight of the pumping unit shall be guided by no less than two guide rails and pressed tightly against the discharge elbow with metal to metal contact. The mating faces of the sliding guide bracket and discharge elbow shall be dissimilar, metals to prevent seizing. The stationary face shall be 16 gauge, 300 series stainless steel or better; the movable face shall be cast iron. Sealing of the faces by means of a diaphragm, a-ring, or other sealing device shall not be acceptable. No portion of the pump(s) shall bear directly on the floor of the wet well. 3. PUMP CONSTRUCTION: The pump body, seal plates, impeller, and motor housing shall be constructed of high quality ASH~ class 30 cast iron or better. A coat of air dry enamel shall be applied before and after assembly. All exposed hardware shall be 300 series stainless steel. All gaskets shall be of the compression square ring type eliminating critical slip fits and the possibility of damage during service associated with sliding o-ring sealing arrangements. The pump construction shall contain no points of critical clearance nor require periodic adjustment or replacement to maintain reasonable operating efficiency. The pump case shall be designed to provide unobstructed passage of three (3) inch diameter solids. Discharge connection shall be standard 125 pound, four (4) inch flange. 3.1. The impeller shall be of the two vane, non-clog design with pressure vanes on the back side and of the key drive design. The impeller shall be dynamically balanced and shall be capable of handling solids, fibrous materials, and other matter found in normal sewage applications. 3.2. The double mechanical shaft seal shall be of the single spring design operating in an oil-filled seal cavity. Pump-out vanes in the back of the impeller shroud shall develop a radially increasing pressure differential from the impeller hub outward. This pressure differential shall be transmitted by means of a rub.ber _diaphragm to the oil in the seal cavity, thus producing a higher pressure inside the seal cavity than immediate-ly adjacent to the seal face in the p·ump case forcing the oil in the seal cavity to be face lubricant. The materials of construction shall be carbon for the rotating faces and ceramic for the stationary faces, lapped and polished to a tolerance of one light band, stainless steel hardware, and with all rubber parts of Buna-N. Seals which are lubricated by the liquid being pumped shall not be considered equal. A moisture sensor detection system shall be integrated as standard within the oil-filled seal chamber. Bid No. 2014-37 Submersible Wastewater Pumps 26 IP age 3.3 The motor shall be the standard product of an established motor manufacturer. The motor shall be designed to be non-overloading over the entire pump curve. The rotor and stator assembly shall be of the standard frame design and secure to the pump seal plate by four threaded fasteners allowing for easy serviceability. Motor design incorporating shrink or press fit assembly of the stator and motor housing shall not be acceptable. The motor housing shall be of submersible construction with the windings operating in a sealed environment containing clean dielectric oil, making it capable of operating in a totally, practically or non-submerged condition for extended periods of time without damage due to the heat being generated. Air-filled motors shall not be acceptable. The motor windings shall be of Class F insulation rated 155 degrees C. The motor shall meet the standard for enclosure, type of mounting and basic electric design for NEMA Design B. The motor shaft shall be of 416 stainless steel. The thrust bearing shall be of the double row ball type with the upper radial bearing of the single row ball type. Thermal sensors shall be used to monitor stator temperatures. The stator shall be equipped with a thermal switch embedded in the end coil of the stator winding. This shall be used in conjunction with the supplemental to external motor overload protection and wired to the control panel. 3.4 The pump shall be equipped with various ft. of submersible power cable, a various feet of sensor cable type submersible .. The cable entry design shall be such that it precludes specific torque requirements to insure a watertight and submersible .seal. All incoming lead wires shall be spliced in the motor terminal housing. After splicing, the terminal housing shall be filled with epoxy to seal the outer cable jacket and individual strands to prevent water from entering the motor housing. A secondary rubber pressure grommet shall be provided as an additional sealing point and strain relief at the point of cable entry. Cable entry designs utilizing terminal boards to connect power cord leads with motor leads shall not be acceptable. The following pump manufacturers have been determined to be acceptable by the Public Utilities Department: Barnes, Clow, EMU, Fiarbanks, Flygt, Gorman-Rupp, Gould and Peapody, All Motors are 60 HZ. Bid No. 2014-37 Submersible Wastewater Pumps 27 IP age BID No. 2014~37 SUBMERSIBLE WASTEWATER PUMPS -ANNUAL CONTRACT All prices must be quoted F.0.B. Delivered Designated Destination, City of Delray Beach, Utility Maintenance, 434 S. Swinton Avenue, Delray Beach, Florida. Pricing listed as (please check one)J'ef Bid Specifications 0 Equivalent 0 Alternates DESCRIPTION QTY. ONITPRICE TOTAL PRICE EACH j 14.8 TO 18 HP -6" DISCHARGE 2 £' (G_b. // L3-2 ,eo 230 VOLT,3 PHASE, 1750 RPM $ Q(,"> $ \;>,TITH 40' CABLE -, -, 2 7.5 4" DISCHARGE 3 z f? /(:, ? tlti:? 2}0 VOLT, 3 PHASE, 17:5.0 RPM $ Q() $ {JO WITH 40' CABLE ) 1 I 3 J.7 HP TO 5 HP-4'' DISCHARGE 2 .J. ']_I./ 7 0() s Ji9t./ 230 VOLTS, 3 PHASE, 1750 RPM $ $ 00 \VJTH 40' CABLE J 4 29 TO 30 HP-6" DISCHARGE I Li? :i 2 L !{), 5-. 1-L 460 VOLT, 3 PHASE, 1750 RPM .I oo $ 09 \ViTH 40' CABLE ' \ s 11.3 HP -4" DISCHARGE 2 '2,;;r(,.q 5 73fl 230 VOLT, 3 Pl-1/\.SE, 1750-R:MP ' $ OQ $ l/0 \¥ITH 40' CA.BLE f ' 6 1 2 HP -j" DISCHARGE I 'i9J,oo 9?_3 i 23-0 VOLT, 3 PH/\SE, 3450 RPM $ $ 00 WITH 40' CABLE ! 7 1 15 i"LP-·4" DIS.CHARGE 3 3 7 J.. Z, LL L!? /. i 230 VOLT, 3 PHASE, 1750 RPM $ DO $ OQ I WITl·-1 40' CABLE , J 8 I 15 HP~ .1" DlSCHl\RGF i . . . . 1 I 1750RPM(RHR/Llll\) 8 :Y,," IJ\.1Pl-:'.LLER DJAMETER I $ /). 8:_ b fl. 12) :?~~. 'iVITH 25' CORD, YEOMANS SERIES t')(J $ t"lD 9235 SUBMERSIBLE DRY PTT PUMP J wn1-1 Ci.,C MOTOR, MODEL #41 OJ 9 20 HP -4'' DISCHARGE I I 750 RPM (RHRILHR) 9 l /2 " llv!PELLER D WAETER / .i 2 39, co /J 2 39. V./ITl I 25' CORD, YEOMANS SER1ES $ $ 00 9235 SUBMERSIBLE DRY PIT PUMP , ' ' \V1TH CLC MOTOR, MODEL #4103 i GRAND TOTAL BID PRICE (ITEMS 1 THRU 9): $ __ 7_9,__,__~f?~/_l./_.~O~t7_ I Bjd No. 2014w37 Subn1erslble \Va-e;ctewater Pumps 2'8'jPage BID No, :1014·37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT Estimated delivery time after receipt of purchase order? Exceptions: S:u lz •"I .a c ~; /, ~ < Qt:'e-; 1• /o c;o. / 570 <-k 1 p ... Li p; r S" /1 <e g.-IZ UU', (i'<ks= ck /;Ve <rj 1 JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Wili extend the same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies. ~YES 0 NO Vendor: Bid No_ 2014-3-7 Sub1nersible Wastewater Pun1ps 29 I P a g c Aaency/Comoany Address Citv, State, Zip Contact Person Telephone Date(s) of Service Tvne of Service Comments·: ! 1 Agency/Company Address City, State, Zio Contact Pers.on Te-lephone Date(s) of Service Type of-Service Comments: I Agency/Comoanv i I I Address Citv, State, Zip I Contact Person Telephone I Date(s) of Service I I Type of Service Comments: Vendor: BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT *Please complete this paqe or attach vour reference oaae to this sheet. \)CL S <'.-0 CeiU!\ + '( U+-:i,f,cs 75 30 L-;./-.f-(e_ 1/AoG<-J JV cw Pa'+ (J.,rc{.,ic... )-/_ 31&5/.{ Pi; c K ;ti GA 111\ (7 ?-. 7) ?3 L{-33 5 ¥ 7 Plue, ,, ccsS I w"-.s t-e.. Uc~~"'' _5u 0 0 (\} iA C. f1"' w DUMP5 \c (~:._{~ d --'e,.ur /\ A•,.AA-. ' ' ' • LoXu_Gc....+c.J,ce.... 11,ru~l' D rsf-,.c ./- ?..500 JuD:tc.> Pc..s-/(_ D,;ve... ) (.) \) ! +--e: ) ' 'F" L. 3345?, A J,(CA/\ Sc~/l ch c Z- (5&1) 7/i7-5?o'1 I 0 Dlus. v ,,,_ • ..sS 4 S:uoO \,1 ·f\~ f\t-W v.J <~S fe.. i J)Cy.f-c., PUl.APS/ ' , 'A \i" le~+<--~ e.. tJ l) ! f) (\/''<'.'-ll f-. I ' I Sou f-k l\i\"'5' + / A {)., e.., Q; Of\Cc [ r ) + ; I; -\-,r ~coo sf-A tl..e"e<.. s1-..-u-+ I Hobe-:Sau'\ d \-(_ 33-"fSS Dr,_ Vi d c. c;.c_ II 0 w C'-,j (?7 ::i._\ S'-((,-2/"tO I 0 P(u.S l/ ,.:_o·s-.5 -. I ' Suof> li If\"-l\C... w " I c<:l f-e-/ I ) (,_,./-c_ ) 1J L 1 M '°' ::,! '. { . Gt;/ I ' ; ? JV\ <Cl\, -l-. • v '1 c.. I c.. -c d B.id No. 2014-37 Sub1nersible Waste\vater Pumps ' I 30 I P a g e I CITY OF DEILRA Y BID SllllHIATUR.E FOR.IMI BID No. 2014•37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and 'h'ith full understanding of the conditions governing this bid. Sov'THC As"f?E.l?N W .(_s-.--£Wfl ·ref?. fuut('M&N I (;,; NAME OF BIDDER <f;~u-rHe.cisre.RN ~u,.,I' > Nai11e as registered with their State of cl b,,,. origin BUSINESS STREET ADDRESS \3&6 SW I z-d> A·,/c£" ;vuE > P.O. Box address not pennitted CITY, STATE, ZIP CODE 7o 1'1 Pt'f;JO 6£AcH1 FL 33.0bCf MAILING ADDRESS: D Check 1f same as Business address above. BUSINESS MAILING ADDRESS ?o box /OD7;;J7 CITY, STATE, ZIP CODE F";R:T LA 0f)£R,J:>AC£ I FL 33310 AUTHORIZED SIGNATURE (Written) ~L?JLv-e!__1 v ·---:-::, I I PRINT NAME "°"ToHN I • 'vG°cJo<L/;...JG- TITLE (of person signing form) sf'.LES M G-R. k c,;;1 Dc:,..i1 1/3/1f I DATE TELEPHONE NUMBER I 615'1~ 7S1~9<-joo FAX NUMBER q S-'/-7 6 I -8 Y s '-j "'.':i ve.erl: '"'~@. S:<"p"'-""' p ,,.,. COt~ EMAIL ADDRESS VENDOR SERVICE REP FOR ORDER SHA\J GoiQ. '.l>o/0 PLACEMENT NAME TELEPHONE I CELL NUMBER '15'-/-6b6-3785" FAX q S'-/-781-BL/3'-/ S' c~or-c\ Oh. 02 s <': p '"'-..,,,.,p r COF-"V( EMAIL ADDRESS Bid No. 2014-37 Submersible Wastewater Pumps ~. YEllDORS HARKE'll'lllG MATERIAL and I or AIDDITIOMAL IMIFOIRMATIOll BID No. 2014·37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT Please check if you are "NOT" submitting any additional information. NONE: D Please check one if applicable: D Equivalent D Alternates D Warranty Information ¢ Attach all information in back of this page on equivalent, alternates and/or warranty information being offered. Thank You Bid No. 2014-37 Submersible Wastewater Pumps 32 I P a g e i BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT PLEASE AFFIX SIGNATURE WHERE INDICATED If you are not bidding on this.service or comm:0djtyi please complete and return this form via fax (561) 243-7166 or 1 email (nadal@mydelraybcach.co1n VENDOR NAME BUSINESS ADDRESS CITY, STATE,. ZIP CODE CONTACT NUMBER SIGNATURE DATE Minority Owned Bus·iness: D Black 0 Hisp-anic D Wnman D Other _____ _ We, the undersigned have declined to bid on Bid No. BID No. 2014-37 due to the following reason(s). Please indicate below with an "X": Specifications too '1-tiaht'', i.e.,-qearetl to.w-ard brand or manufacturer onlv (explain belr:;w) Insufficient time to respond to the Invitation to Bid We do not offer this oroduct or an equivalent : Our product schedule would not permit us to perform Unable to meet specifications Unabie to meet bond reaulrements Snec'i'fications unclear (exolain belowl Other lsoecifv below\ REMARKS/OTHER Bid No. 2014-37 Submersible Wastewater Pumps 33 IP a g r CITY OF DELRAY BEACH PUMP & WARRANTY INFORMATION BARNES® 2fi ve. ~ear C\Varranty Municipal Wastewater Barnes® Pumps, Inc. offers a Commercial Warranty covering parts and labor on its pumps to the 01·iginal end purchaser, when used in permanent installations in compliance with requirements of the Barnes Catalog and Technical Manual specifications for pumping municipal wastewater or similar abrasive free, non. corrosive liquids agatnst defects in workmanship and material for the period as defined below. Jn the event that the pump is provided w(th moisture and/or temperature sensors, 1hese must be "1n use "rn order to validate this warranty. Barnes SE series Non-Clogs, Wet. End of XSE series Non-Clogs (Motor h2s a one (1) year warranty and is the soli: responsibility of Refiance Electric), Grinders. Effluent and Sump pump models are Warranted for Five (5) years or 1 O .000 hours of operation (whichever occurs first) from the date of s;:tipment from Bar:-ies Pumps, Inc. to the End Purchaser as fo11ows: Barnes • .. vHI pay the following share of the cost of replacement parts and labor provided the pump, with cable attached, is returned prepaid to an Authorized Barnes Ser1i1ce Station as de.sided by Barnes Pumps. Inc_ and its Municipal MarKet Distributor. TIME: AFTER SHIPMENT' Months: Hour:;: Warranty: 0 -'18 0-3,000 1 OOo/o 19 -39 3,001 -6,500 50°/o 40 -50 6,501 -111,000 25°/o ~ 1·1me after shipment (months or hours) shall be determined by date of receipt of defective product (or Vv'arra:lty claimj by an Autnor"1zed Barnes Service Staf1on and/or current copy of maintenance "Time Operated report from jobsite. Start-u~ reports and electrical system schematics (including Bilis-of-Material) may be required to support any Wa1Tanty cla'1ms. T"n.!s VVarranty shall not 2pply to any product or part of product which has been subject to misuse, negligence, accident, operation outside of our pubfished hydraulic cu1Ve parameters, used in a manner contrary to printed instructions, or damaged due to a defective power supply. improper electrical protection, excessive abrasive wear or faulty instailation or repair. Warranty includes Break .A.way Fitting and Guide Rail Brackets. Barnes Pumps, Inc. sole obligation under this V\1a1ranty shall be to repair, replace or grant a c;edit reimbursement at its discretion, through its V\larranty processing procedures for de-feciive products when returned prepaid to Barnes Pumps, Jnc. a,1d upon Barnes· exclusive examinatio;-1 found to be defective. ~roducrs repaired or replaced under this Warranty will be returned freight prepaid Barnes neither assumes r1or authortzes any person o; company to assume for it any other obligatiar: in connection with the s.aie of its equipl}lent. Any enlargement or modification of this Warranty by a Representative or other Se!ling Agent shall become HIS or HER exdusive responsibliity 3arnes Pumps, Inc. will not be held responsibie for travei expenses, rented eauioment. outside contractors fees, or unauthor;zed repair sho;:i ex:penses. This warranties, expressed or ·rfilplied and the imolied warranties of merchantabl!itv and fitness for a partic!Jiar purpose are hereby expressly disclaimed · , Barnes Pumps, Inc. assumes no ii ability for toss of use or for any direct indirect or cor.sequentia1. darnages of any kind ·1n re.spec:t tG the use or operation of Barnes products., or any equipment or ac::::essories in connection therewith. The following fnfoT1T1atfon must be completed to validate 1.rva1Tanty (Cer.:ain da~a wil'r be provided before order placement and additional data following shlpment.) Date: ______________ _ Warranty #: ------------ Sales Order#:---------- Equipment Model/Serial Numbers: Factory Authorized Signature: _________________ Title: BARNES PLJMPS 1 INC. 420 Third Str~t P_D Sc:; 502 ·Piqua Ohio :<..SJ.SO· Ph: (513) 173-2L42. Fax: (513) 773-2238 ES® www.cranepumps.com Specifications: DISCHARGE ............................ 6", 125 lb. Horizontal Flange Slotted to accommodate 150mm !SO Flanges LIQUID TEMPERATURE ......... 104°F (40°C) Continuous VOLUTE ................................... Cast lronASTM A-48 1 Class 30 WEAR RING .............................. C954 Lead-Free Bronze MOTOR HOUSING ................... Cast lron ASTM A-48, Class 30 SEAL PLATE ............................ Cast lronASTM A-48, Class 30 IMPELLER: Oesign ........................ Enclosed Monovane, With Pump Out Vanes on Back Side. Dynamically Balanced ISO G6.3 Material ..................... Ductile Iron ASTM A-536, 65-45-12 SHAFT 416 Stainless Steel "O" RINGS ................................ Buna-N HARDWARE ............................. 300 Series Stainless Steel LIFTING BAIL ......•.................... 300 Series Stainless Steel PAINT .................................... Epoxy Dupont Corlar® Amine Epoxy, Two Coats SEAL: Design ....................... Tandem Mechanical, Oil Fi!led Reservoir. Material: Inboard .....•.. Rotating Faces -Carbon Stationary Faces -Ceramic Material: Outboard ..... Rotating Faces -Silicon Carbide Stationary Faces -Silicon Carbide Elastomer -Buna-N Hardware -300 Serles Stainless CORD ENTRY ........................... Custom Molded, Quick Connected for Sealing and Strain Relief POWER CORD ......................... CSA Certified Submersible Power Cable 2000V -Ordered Separately SPEED .................................... 1750 & 1150RPM (Nominal) UPPER BEARING: Design ........................ Single Row, Ball, Oil Lubricated Load .......................... Radial LOWER BEARING: Design ......................... Double Row, BalL Oil Lubricated Load ........................... Radial & Thrust MOTOR; Design ...............•....... NEMA B Three Phase Torque Curve. Oil-Filled, Squirrel Cage Induction, Inverter Duty rated per NEMA MG1 Insulation ................. Class H Varnish & Magnet Wire THREE PHASE ...................... Tri-voltage 208-230f460V up to15HP, Dual Voltage 230/460V up to 20 HP. 460V only 25 & 30 HP & 575V; 7.5 thru 30HP. Requires Overload Protection to be Included in control panel. MOISTURE SENSOR ............ Normally Open (N/O), Requires Relay in Control Panel TEMPERATURE SENSOR .... Three Normally Closed (N/C). To be wired in series with connector control circuit OPTIONAL EQUIPMENT ....... Seal Material, Impeller Trims, Cord Length, Leg Kit (pin 125506) MARKINGS ••.....••................... CSA. CE WEIGHT ..................•..••.•...... 642 lbs (291 Kg) NOISE EMISSION MAX ......... In-Air 64 dB-A SUBMERGENCE ••................. Max Depth 66ft (20m) RECOMMENDED: Accessories .••..•............... Break Away Fitting (BAF) Check Valve Control Panel Seal & Gasket Kit PN ..•.. 132120A Bearing Kit PN ................ 132118A Overhaul KH PN. . ...... 132119 I CRANE.I PUMPS & SYSTEMS Series 6SHM 21 Frame Driver 3" Spherical Solids Handling Solids Handling Submersible Pumps Series: 6SHM 7 .5 -30HP, 1750RPM, 1150RPM, 60Hz Sobr.::.=-=·'il @c~· Canadian Standards Association ~ f'! File No. LR16567-25 ( E: This product may be covered by one or more of the following patents and other patent(s} pending: US Patent7,931,473 Sample Specifications: Section 0.1 E Page G. DESCRIPTION: SUBMERSIBLE NON-CLOG SEWAGE PUMP DESIGNED FOR RAW SEWAGE APPLICATIONS. SECTION 0.1 E PAGE 9 DATE 2/12 A Crane Co. Company USA (937) 778-8947 • Canada: (905) 457-6223 • International: (937) 615-3598 Series 6SHM 28 Frame Driver 3" Spherical Solids Handling Solids Handling Submersible Pumps Specifications: DISCHARGE ............................ 6", 125 lb. Horizontal Flange Slotted to accommodate 150mm ISO Flanges LIQUID TEMPERATURE ......... 104°F (40°C) Continuous VOLUTE ···~······························Cast Iron ASTM A-48, Class 30 WEAR RING ............................•• C954 Lead-Free Bronze MOTOR HOUSING ................... Cast Iron ASTM A-48, Class 30 SEAL PLATE ............................ Ductile lronASTMA-536, 65-45-12 IMPELLER: Design ........................ Enclosed Monovane, Wlth Pump Out Vanes on Back Side. Dynamically Balanced ISO G6.3 Material ..................... Ductile Iron ASTM A-536, 65-45-12 SHAFT 416 Stainless Stee! "O" RINGS ................................ Buna-N HARDWARE ............................. 300 Series Stainless Steel LIFTING BAIL ........................... 300 Series Stainless Steel PAINT .................................... Epoxy Dupont Corlar®Amine Epoxy, Two Coats SEAL: Design ....................... Tandem Mechanical, Oil Filled Reservoir. Material: Inboard ........ Rotating Faces -Carbon Stationary Faces -Ceramic Material: Outboard ..... Rotating Faces -Silicon Carbide Stationary Faces -Sllicon Carbide Elastomer -Buna-N Hardware -300 Series Stainless CORD ENTRY ........................... 50 ft. (12.1m) Cord. Dual Pressure Grommet for Sealing & Stain Relief POWER CORD ......................... CSA Certlf1ed Submersible Power Cable 2000V SPEED ................................ , ..• 1750 &1150RPM (Nominal) UPPER BEARING: Design ........................ Single Row, Ball, Oil Lubricated Load .......................... Radial LOWER BEARING: Design ......................... Double Row, Ball, Oil Lubricated Load ............. : ............. Radial & Thrust MOTOR: Design ....................... NEMA B Three Phase Torque Curve, Oil-Filled, Squirrel Cage Induction, Inverter Duty rated per NEMA MG1 Insulation ................. Class H Varnish & Magnet Wire THREE PHASE ...................... 208V 20HP, 208/230V 25 & 30HP. 230V 40HP, 460 & 575V 40, 50 & 60HP. Requires Overioad Protection to be lnc!uded in control paneL MOISTURE SENSOR ............ Normally Open (N/O), Requires Relay in Control Panel TEMPERATURE SENSOR .... Three Normally Closed (N/C). To be wired in series with connector control circuit OPTIONAL EQUIPMENT ....... Seal Material, Impeller Trims, Cord Length, Leg Kit {pin 125506) MARKINGS .... , ....................... CSA, CE WEIGHT ............................... 850 lbs (386 Kg) NOISE EMISSION MAX ......... In-Air 64 dB-A SUBMERGENCE ................... Max Depth 66ft (20m) RECOMMENDED: Accessories ..................... Break Away Fftting (BAF) Check Valve Control Panel Seal & Gasket Kit PN ..... 1321208 Bearing Kit PN ................ 1321188 Overhaul Kit PN.. . ...... 132119 SECTION 0.1 E PAGE 10 DATE 2/12 I CRAN E .I PUMPS & SYSTEMS E www.cranepumps.com Series: SSHM 20 -SOHP, 1750RPM, 11 SORPM, SOHz ~ ® Canadian Standards Association ~ File No. LR16567-25 (€ Sample Specifications: Section D.1E Page G. DESCRIPTION: SUBMERSIBLE NON-CLOG SEWAGE PUMP DESIGNED FOR RAW SEWAGE APPLICATIONS. A Crane Co. Company USA: (937) 778-8947 • Canada: (905) 457-6223 • International: (937) 615-3598 E www.cranepumps.com 39.66 (1007) 46.71 (1186) IMPORTANT! 0 D 21 Frame Driver Series 6SHM 3" Spherical Solids Handling So/ids Handling Submersible Pumps inches (mm) 26.88 r----{682) -------< ' 28 Frame Driver C-----26.88 ____ __, (682) 5.46 11.72 (297) _I l 11.72 (297) _J 21.31 (541) 21.31 (541) Optional Leg Kit-pin 125506 1.) MOISTURE AND TEMPERATURE SENSORS MUST BE CONNECTED TO V.A.LIDATE THE CSA USTlNG 2.) A SPECIAL MOISTURE SENSOR RELAY lS REQUIRED IN THE CONTROL PANEL FOR PROPER OPERATlON OF THE MOISTURE SENSORS. CONTACT BARNES PUMPS FOR INFORMATION CONCERNING MOISTURE SENSING RELAYS FOR CUSTOMER SUPPLlED CONTROL PANELS. 3.) THESE PUMPS ARE CSA LlSTED FOR PUMPING WATER AND WASTEWATER. DO NOT USE TO PUMP FLAMMABLE LIQUIDS. 4.) INSTALLATIONS SUCH AS DECORATIVE FOUNTAINS OR WATER FEATURES PROVIDED FOR VISUAL ENJOYMENT MUST BE INSTALLED !N ACCORDANCE VV!TH THE NATIONAL ELECTRIC CODEANSl/NFPA 70 AND/OR THE AUTHORITY HAVING JURISDICTION. THIS PUMP IS NOT INTENDED FOR USE IN SWIMMING POOLS, RECREATIONAL WATER PARKS, OR INSTALLATIONS IN WHICH HUMAN CONTACTVV!TH PUMPED MEDIA IS A COMMON OCCURRENCE. 5.) THIS PUMP IS NOT APPROPRIATE FOR THOSE APPLICATIONS SPECIFIED AS CLASS 1 D!VISION 1 HAZARDOUS LOCATIONS. \CRANEJ PUMPS & SYSTEMS SECTION 0.1E PAGE 11 DATE 2/12 A Crane Co. Company USA: (937) 778-8947 • Canada: (905) 457-6223 • International: (937) 615-3598 CJ -u (/) l> l> m _, Gl " m m =! MODEL PART RPM NEMA NO NO HP VOLT PH Hz (Norn) START CODE 0 z 208 1750 -m~ o 6SHMN150N4 132186 15.0 230 3 60 1750 E -:>;N:..., 460 1750 w m L_ " 0 0 ~ 0 ~ ~ 0 l> 0 0 2 0 .§ m m 0 • '"" 6SHMN15054 132187 15.0 575 3 60 1750 E a. 6SHMN20064 132188 20.0 208 3 60 1750 G E 6SHMN20084 132189 230 60 1750 J , 20.0 -3 .. 460 1750 z 6SHMN20054 132190 20.0 575 3 60 1750 J :;: 208 1750 :c 6SHMN25094 132191 25.0 -3 60 G "' 230 1750 6SHMN25044 132192 25.0 460 3 60 1750 G 6SHMN25054 132193 25.0 575 3 60 1750 G 208 6SHMN75N6 132204 7.5 230 3 60 1150 J c -0 (fl c )> $: U3 w -0 .:::! (/) __, Ro __, 'I' (/) °' 460 6SHMN7556 132205 7.5 575 3 60 1150 J Moisture and Temperature sensor leads are integral to power cord_ Pump rated for operation at± 10°/o voltage at motor . " Cord Suffix: XC -30 Feet, XF -50 Feet, XJ -75 Feet, or XL -1 DO Feet "' -< "' __, (/) -I m fu' I s: iii (/) 0. " U3 0 ~ "' '" __, a, N N "' . 3" " 3 "' 0· 0 ~ U3 "' .:::! 0) '" (,, '" "' °' FULL 1.2 SERVICE LOCKED DRIVER CORD LOAD FACTOR AMPS ROTOR FRAME PIN* AMPS AMPS 51.8 59.0 206.6 125498 46.9 54.3 21 23.4 27.2 103.3 125497 18.7 21.7 82.6 21 125497 63.0 74.6 323.0 28 130907 53.7 59.0 383.9 21 125498 26.9 29.9 125497 21.5 23.9 153.5 21 125497 77.8 93.4 359.0 28 130908 71.4 82.3 33.2 38.9 191 .9 21 125499 26.6 31.1 153.5 21 125497 24.9 29.6 137.6 125496 24.0 27.6 21 12.0 13.8 68.8 125497 9.6 11.0 55.0 21 125497 .. CORD CORD SIZE NOTES 8/4-18/4 SOLD SEPARATELY 12/4-18/4 12/4-18/4 SOLD SEPARATELY 6/4-18/4 INCLUDED WITH PUMP 8/4-18/4 SOLD SEPARATELY 12/4-18/4 12/4-18/4 SOLD SEPARATELY 2/4 -18/4 INCLUDED WlTH PUMP 8/4-18/4 SOLD SEPARATELY 12/4-18/4 SOLD SEPARATELY 12/4-18/4 SOLD SEPARATELY 12/4-18/4 SOLD SEPARATELY (/) 0 --· Q.. (/) :r: Q) ::i e: :;· (Q (/) c:: 0- 3 (J) ~ -· 0--(J) iJ c:: 3 'ti (/) I 0 OJ "' ro 'O c 3 u "' ~ en (f) ~ u ""I: ::r -· g). (I) 0 Ill Ol (f) O') ~.en 5i-:c I ~ Ol :::i Q_ :::i co ~m )> 0 0 ~ ~ ::0 ~ 0 )> 0 0 z 0 .g ITI rn ~ @ " MODEL PART RPM NEMA NO NO HP VOLT PH Hz (Norn) START CODE 6SHMH30094 132194 30.0 ~ 3 60 i750 E 230 6SHMH30044 132195 30.0 460 3 60 1750 F 6SHMH30054 132196 30.0 575 3 60 1750 F 6SHMH40034 132197 40.0 230 3 60 1750 E c 'lJ (f) c )> <O :;;: "' 'lJ -::! (/) c. 6SHMH40044 132198 40.0 460 3 60 1750 E s 6SHMH40054 132199 40.0 515 3 60 1750 E • 0. 6SHMH50044 132179 50.0 460 3 60 1750 F ::c :;; 6SHMH50054 132180 50.0 575 3 60 1750 F ::c "' 208 -___, Q<J -J O> ' (/) O> "' -< _,,. ___, (/) -j 6SHMH100N6 132206 10.0 230 3 60 1150 F -460 6SHMH10056 132207 10.0 575 3 60 1150 F 208 -6SHMH150N6 132176 15.0 230 3 60 1150 H -m ~I:;;: ii (/) D. 460 6SHMH15056 132181 15.0 575 3 60 1150 H Moisture and Temperature sensor leads are integral to power cord. "' Pump rated for operation at ± 1 Oo/o voltage at motor. <O *Cord Suffix: XC -30 Feet, XF -50 Feel, XJ -75 Feet, or XL -100 Feet 0 _-"J _,,. tn -J ' ()) N N '-" " ro 3 !'l-0· " ~ <O "' -::! ()) ~ '{' "' <.n "' O> o" en ~~~ mm:::::f 0 z --o ~ w:..,, "' m FULL 1.2 SERVICE LOCKED DRIVER LOAD FACTOR AMPS . ROTOR FRAME AMPS AMPS 93.4 116.9 359.0 28 82.3 98.7 38.9 45.9 191.9 21 31.1 36.7 153.5 21 106.0 126.4 486.0 28 53.0 63.2 243.0 28 42.4 50.6 194.4 28 67.1 79.0 339.0 28 53.7 63.2 271.2 28 32.9 41.0 137.6 30.2 35.8 21 15.1 17.9 68.8 12.1 14.3 55.0 21 47.0 56.8 248.6 44.1 51.4 21 22.0 25.7 124.3 17.6 20.6 99.4 21 CORD CORD CORD PIN * SIZE NOTES 130908 214-18/4 INCLUDED WITH PUMP 125499 8/4-1814 SOLD SEPARATELY 125499 814-1814 SOLD SEPARATELY 130908 214-1814 INCLUDED WITH PUMP 130907 614-18/4 INCLUDED WITH PUMP 130906 8/4-1814 INCLUDED WITH PUMP 130907 614-1814 INCLUDED WITH PUMP 130907 614-1814 INCLUDED WITH PUMP 125498 814 -1814 SOLD SEPARATELY 125497 12/4-18/4 125497 1214-1814 SOLD SEPARATELY 125498 814-1814 SOLD SEPARATELY 125497 1214-1814 SOLD SEPARATELY 125497 1214-1814 SOLD SEPARATELY j () iil " (j) "Cl c 3 "Cl "' 8 3 m (/) 0 -~ ii\= ::i (;) Cl. = -~-(/) @ ::i "O lQ :::r .. ,,. (/) (J) "", c: :::!. (I) c-£ ~ 3 -""'' CD (/) {1) iii 0 a: o: en Ci> (/) c:» "1J ~ en c: ::::J -3 Q_ -"O ::;· , (/) to ~ E www.cranepumps.com TOTAL HEAD METERS FEET 30 100 24 18 12 6 U.S. GALLONS PER MINUTE LITERS PER SECOND ' ! -- -L . ! 400 25 I CRAN E .I PUMPS & SYSTEMS Series 6SHM Performance Curve 15 -25HP, 1750RPM, 60Hz Solids Handling Submersible Pumps 6SHMN Pump 1---·i ----------·--- ' 800 50 STANDARD IMPELLER SIZES Pump HP Impeller Dia. mm (in) 15 -! -1--~ --20 220 (8.66) 240 (9.45) 255 (10.04) 25 Service Factor: 1.20 -+___.;._--:--.,--- ------+------- 1200 1600 75 100 SECTION 0.1 E PAGE 15 DATE 2/12 A Crane Co. Company USA (937) 778-8947 • Canada (905) 457-6223 • International: (937) 615-3598 E www.cranepumps.com Series 6SHM Performance Curve 30 -50HP, 1750RPM, 60Hz Solids Handling Submersible Pumps TOTAL HEAD METERS FEET SSHMH Pump 60 200 48 36 120 24 12 40 U.S. GALLONS 500 1000 PER MINUTE LITERS PER SECOND 32 64 lcRANEJ PUMPS & SYSTEMS A Crane Co. Company USA: (937) 778-8947 • Canada: (905) 457-6223 STANDARD IMPELLER SIZES Purnp HP Impeller Dia. mm (in) 30 270 (10.63) 40 285 (11.22) 50 305 (12.00) Service Factor: 1.20 ;_ __ ------; i L. 1500 2000 96 128 SECTION 0.1E PAGE 17 DATE 2112 • International: (937) 615-3598 Series 4SEwL 3" Spherical Solids Handling f)ouble Seal E www.cranepumps.com 4" Horizontal Discharge -Submersible Non-Clog Pumps Series: 4SE-L 4.5 • 1 SHP, 1750RPM, 60Hz CSA 108 LR16567 Sample Specifications: Section 1 Page 16. DESCRIPTION: SUBMERSIBLE NON-CLOG SEWAGE PUMP DESIGNED FOR TYPICAL RAW SEWAGE APPLICATIONS DISCHARGE ....................... 4" 1251b., Flange Horizonal LIQUID TEMPERATURE ..... 104"F (40"C) Continuous VOLUTE .•............................. Cast Iron ASTM A-48, Class 30 MOTOR HOUSING .............. Cast Iron ASTM A-48, Class 30 SEAL PLATE ...................... Cast Iron ASTM A-48, Class 30 IMPELLER: Design ............. 2 Vane, Open with pump out vanes on back side, Dynamically Balanced, ISO G6.3 Material .......... Cast Iron ASTM A-48, Class 30 SHAFT ................................ 416 Stainless Steel SQUARE RINGS ................. Buna-N DIAPHRAGM ....................... Buna-N HARDWARE ........................ 300 Series Stainless Steel LIFTING BAIL ...................... 304 Stainless Steel PAINT .: ................................. Air Dry _Enamel (Epoxy Optional) SEAL: Design ............ Double Mechanical, Oil filled pressure equalized reservoir fvtaterial .•......... Carbon/Ceramic/Buna-N Hardware -300 Series Stainless CORD ENTRY ...................... 40 ft. (12.1 m) Cord. Epoxy Sealed Housing with secondary pressure grommet for sealing and strain relief SPEED ............................... c.1750 RPM (Nominal) BEARINGS: Upper ............ Single Row, Ball, Oil Lubricated Load ... Radial Lower.. . .... Single Row, Ball, Oil Lubricated Load ... Radial Life....... . ... 50,000 HR L 1 O Design MOTOR: Design ............ NEMAL-Single Phase, NEMA B-Three Phase Torque Curve, Oil Filled, Squirrel Cage Induction Winding ........ Class F, Class H rated Magnet Wire Service Factor... .. ... 1.15 SINGLE PHASE ................... Capacitor Start/Capacitor Run. Requires Barnes Starter/Panel which includes capacitors and overload protection THREE PHASE .................... Dual Voltage motor 230/460/575. Requires Overload Protection to be included in Control Panel, VFD Suitable MOISTURE SENSOR .......... Normally Open (N/O), Requires relay in control panel TEMPERATURE SENSOR .. Normally Closed (N/C), Requires relay in control panel. OPTIONAL EQUIPMENT ..... Seal Material, Impeller Trims, Additional Cord. Epoxy Paint RECOMMENDED: Accessories ..... Break Away Fitting (BAF) Check Valve Control Panel Seal Kit PN ..... 130179 Service Kit PN.130175 I CRANE J PUMPS & SYSTEMS SECTION 10 PAGE 14 DATE 6113 A Crane Co. Company USA: (937) 778-8947 • Canada (905) 457-6223 • International (937) 615-3598 E www.cranepumps.com Series 4SE-L 3" Spherical Solids Handling Double Seal 4" Horizontal Discharge -Submersible Non-Clog Pumps = I inches (mm) ~ 19.93 (506) 111.75 I) (299) I l ~Ill ~ CJ -8.18 34.00 /lr,~i . (2r) -----16.36 (864) l VI H r I <t I I - Ill ~ ~ : I ----------~--i u 5.50 (140) -t MODEL NO PART NO HP VOLT/PH Hz RPM NEMA FULL LOCKED CORD CORD CORD (Nom) START LOAD ROTOR SIZE TYPE O.D CODE AMPS AMPS inch (mm} 4SE4524L 084623 4.5 23011 60 1750 A 26.0 59.0 1014 SOW 0.750 19.1 4SE4564L 084624 4.5 20013 60 1750 c 20.9 48.6 1014 SOW 0.750 19.1 4SE4534L 084625 4.5 23013 60 1750 E 18.2 56.0 1014 SOW 0.750 19.1 4St::4544L 084626 4.5 46013 60 1750 E 9.1 28.0 1014 sow 0.750 19.1 4SE4554L 089306 4.5 57513 60 1750 E 7.2 22.4 1014 sow 0.750 19.1 4SE7524L 084627 7.5 23011 60 1750 A 39.0 96.0 614 sow 1.06 (27) 4SE7564L 084628 7.5 20013 60 1750 B 30.8 69.5 814 SOW 0.830 (21) 4SE7534L 084629 7.5 23013 60 1750 D 26.8 80.0 814 SOW 0.830 21) 4SE7544L 084630 7.5 46013 60 1750 D 13.4 40.0 814 sow 0.830 21) 4SE7554L 08930r 7.5 57513 60 1750 D 10.7 32.0 1014 sow 0.750 (19.1 4SE11364L 084631 11.3 20013 60 1750 B 32.2 109.5 814 sow 0.830 (211 4SE11334L 084632 11.3 23013 60 1750 D 28.0 126.0 814 sow 0.830 21) 4SE11344L 084633 11.3 46013 60 1750 D 14.0 63.0 814 SOW 0.830 21\ 4SE11354L 089308 11.3 57513 60 1750 D 11.2 50.4 1014 sow 0.750 (19.1\ 4SE15034L 084634 15.0 23013 60 1750 D 38.0 160.0 614 sow 1.06 (27) 4SE15044L 084635 15.0 46013 60 1750 D 19.0 80.0 614 sow 1.06 (27\ 4SE15054L 089309 15.0 57513 60 1750 D 15.2 64.0 814 sow 0.830121) Moisture/Temperature sensor cord for all phase models is 18/5 SOW, 0.476 (12.1 mrrr) O.D. IMPORTANT! 1.) PUMP MAY BE OPERATED "DRY' FOR EXTENDED PERIODS VVlTHOUT DAMAGE TO MOTOR AND/OR SEALS. 2.) INSTALLATIONS SUCH AS DECORATIVE FOUNTAINS OR WATER FEATURES PROVIDED FOR VISUAL ENJOYMENT MUST BE INSTALLED lN ACCORDANCE WITH THE NATIONAL ELECTRIC CODE ANSl/NFPA 70 AND/OR THE AUTHORITY HAVING JURISDICT!ON. THIS PUMP IS NOT INTENDED FOR USE IN SWIMMING POOLS, RECREATIONAL WATER PARKS, OR INSTALLATIONS IN WHICH HUMAN CONTACT VVlTH PUMPED MEDIA IS A COMMON OCCURRENCE. I CRAN E J PUMPS & SYSTEMS SECTION 1D PAGE 15 DATE 3114 A Crane Co. Company USA (937) 778-8947 • Canada: (905) 457-6223 • International (937) 615-3598 Series 4SE -L Performance Curve 4.5, 7.5, 11.3 & 15HP, 1750RPM, 60Hz 4" Horizontal Discharge -Submersible Non-Clog Pumps TOTAL HEAD METERS FEET 30-- 25 -- 20 .. P- 15 -1- 10-- 5 - - U.S. GALLONS 200 400 600 PER MINUTE ' I I I LITERS I ' ' I 10 20 30 40 PER SECOND 800 I I 50 E www.cranepumps.com 1000 ' I ' I 60 70 inches (mm) Testing is performed with water, specific gravity 1.0 @ 68° F @ (20°C). other fluids may vary performance SECTION 10 PAGE 16 DATE 1105 I CRANE J PUMPS & SYSTEMS • I A Crane Co. Company USA: (937) 778-8947 • Canada: (905) 457-6223 • International: (937) 615-3598 www.cranepumps.com Series 4SEmL 3" Spherical Solids Handling Double Seal 4" Horizontal Discharge -Submersible Non-Clog Pumps DISCHARGE ..................... ..4" 1251b., Flange Horizonal LIQUID TEMPERATURE ..... 104"F (40"C) Continuous VOLUTE ............................... Cast Iron ASTM A-48, Class 20 MOTOR HOUSING .............. Cast Iron ASTM A-48, Class 30 SEAL PLATE ...................... Cast Iron ASTM, Class 30 IMPELLER: Design ............. 2 Vane, semi-open with pump out vanes on back side, Dynamically Balanced, ISO G6.3 Material .......... Cast Iron ASTM, Class 30 SHAFT ................................ 416 Stainless Steel SQUARE RINGS ................. Buna-N DIAPHRAGM ....................... Buna-N HARDWARE ........................ 300 Series Stainless Steel LIFTING BAIL. .........•........... 304 Stainless Steel PAINT ................................... Air Dry Enamel (Epoxy Optional) SEAL: Design ............ Double Mechanical, Oil filled pressure equalized reservoir Material ........... Carbon/Ceramic/Buna-N Hardware -300 Series Stainless CORD ENTRY ...................... 30 ft. (9.1 m) Cord. Quick connect custom molded tor sealing and strain relief SPEED ................................. 1150 or 1750 RPM (Nominal) BEARINGS: Upper ........... Single Row, Ball, Oil Lubricated Load .... Radial Lower ............. Single Row, Ball, Oil Lubricated Load ... Radial Life .................. 50,000 HR L10 Design MOTOR: Design ............ NEMA L-Single Phase, NEMA B -Three Phase Torque Curve, Oil Filled, Squirrel Cage Induction Winding,._ . . Class B, Class H rated Magnet Wire Service Factor. 1.15 SINGLE PHASE ................... Permanent Split Capacitor (PSC) Includes Overload Protection \n Motor THREE PHASE .................... 200-230/460 is Tri Voltage motor. 575. Requires Overload Protection to be included in Control Panel, VFD Suitable MOISTURE SENSOR .......... Normally Open (N/O), Requires relay in control panel TEMPERATURE SENSOR .. Normally Closed (N/C), Requires relay in control pane!. For three phase units ONLY OPTIONAL EQUIPMENT ..... Seal Material, Impeller Trims, Additional Cord, Epoxy Paint RECOMMENDED: Accessories ..... Break Away Fitting (BAF) Check Valve Control Panel Seal KitPN ..... 130178 Service Kit PN.130174 I CRAN E J PUMPS & SYSTEMS ... 0 0 Series: 4SE 1.9 & 2.8HP, 1150RPM, 60Hz Series: 4SE 2.8, 3.7, 5.0HP, 1750RPM, 60Hz ®®csA 10s-File No. L16567 Sample Specifications: Section 1 Page 11. DESCRIPTION: SUBMERSIBLE NON-CLOG SEWAGE PUMP DESIGNED FOR TYPICAL RAW SEWAGE APPLICATIONS SECTION 1D PAGE 7 DATE 6112 A Crane Co. Company USA: (937) 778-8947 • Canada (905) 457-6223 • International (937) 615-3598 Series 4SEaL. E . 3" Spherical Solids Handling rJouble Seal www.cranepumps.com 4" Horizontal Discharge· Submersible Non-Clog Pumps ( c;=:r:i Ill I ""' = - Ill 4" 125 LB FLANGE 25.52 {648) 1------15.69 (398) ----~-< r---9.38 I (238) I ------------- MODEL NO PART NO HP 4SE1926L 133159 1.9 4SE1996L 133160 1.9 4SE1-946L 133161 1.9 4SE1956L 133162 1.9 4SE2826L 133163 2.8 4SE2896L 133164 2.8 4SE2846L 133165 2.8 4SE2856L 133166 2.8 4SE2824L 133125 2.8 4SE2894L 133141 2.8 4SE2844L 133142 2.8 4SE2854L 133144 2.8 4SE3724L 133145 3.7 4SE3794L 133146 3.7 4SE3744L 133147 3.7 4SE3754L 133148 3.7 4SE5024L 133149 5.0 4SE5094L 133150 5.0 4SE5044L 133151 5.0 4SE5054L 131152 5.0 - VOLT/PH 23011 200-23013 46013 575/3 230/1 200-23013 460/3 57513 23011 200-23013 46013 575/3 230/1 5.24 {133) ! Hz 60 60 60 60 60 60 60 60 60 60 60 60 60 200-23013 60 46013 60 57513 60 23011 60 200-23013 60 46013 60 57513 60 RPM NEMA (Norn) START CODE 1150 D 1150 EIG 1150 G 1150 G 1150 A 1150 F/H 1150 H 1150 H 1750 A 1750 DIG 1750 F 1750 F 1750 A FULL LOAD AMPS 8.3 5.8/5.0 2.5 2.0 13.5 9.2/8.4 4.2 3.4 12.6 9.218.0 4.0 3.2 20.0 LOCKED CORD CORD ROTOR SIZE TYPE AMPS 35.0 1413 SOOWISOW 26.1/30.0 14/4 SOOW/SOW 15.0 14/4 SOOWISOW 12.0 14/4 SOOW/SOW 31.0 12/3 SOOW/SOW 38.2/44.0 1414 SOOWISOW 22.0 1414 SOOWISOW 17 .6 1414 SOOW/SOW 23.0 12/3 SOOWISOW 35.9/42.7 1214 SOOWISOW 18.0 1414 SOOW/SOW 14.4 1414 SOOW/SOW 29.0 1013 SOOWISOW 1750 BIE 16.1114.0 35.9142.7 1214 SOOWISOW 1750 E 7.0 21.3 1414 SOOWISOW 1750 G 5.6 21.6 1414 SOOW/SOW 1750 A 28.0 59.0 1013 SOOWISOW 1750 BID 20.9119.0 48.6156.0 10/4 SOOW/SOW 1750 D 9.0 28.0 1414 SOOW/SOW 1750 E 8.3 23.0 1414 SOOW/SOW Moisture/Temperature sensor cord for all models is 18/5 SOOW/SOW, 0.47 (11.9mm) O.D. IMPORTANT! 1.) PUMP MAY BE OPERATED "DRY" FOR EXTENDED PERIODS VVlTHOUT DAMAGE TO MOTOR AND/OR SEALS. I inches I (mm) 12.62 (321) CORD O.D inch (mm) .53 (13.5 .57 14.5 .57 14.5 .57 14.5 .61 15.5 .57 14.5) .57 14.51 .57 14.5 .61 15.5 .68 (17.4) .57 114.51 .57114.5) .66 16.8 .68 17.4 .57 14.5 .57 14.5 .66 16.8 .72 (18.5) .57 (14.51 .57 114.51 2.) JNSTALLATIONS SUCH AS DECORATIVE FOUNTAINS OR WATER FEATURES PROVIDED FOR VISUAL ENJOYMENT MUST BE INSTALLED IN ACCORDANCE WITH THE NATIONAL ELECTRIC CODE ANSl/NFPA 70 AND/OR THEAUTHOR!TY HAVING JURISDICTION. THIS PUMP IS NOT INTENDED FOR USE IN SWIMMING POOLS, RECREATIONAL WATER PARKS, OR INSTALLATIONS !N WHICH HUMAN CONTACT WITH PUMPED MEDIA IS A COMMON OCCURRENCE. SECTION 1D PAGE 8 DATE 3114 l CRAN EJ PUMPS & SYSTEMS A Crane Co. Company USA (937) 778-8947 • Canada: (905) 457-6223 • International: (937) 615-3598 Series 4SIEmL Performance Curve ?.8, 3.7 & 5.0HP, 1750RPM, 60Hz 4" Horizontal Discharge -Submersible Non-Clog Pumps TOTAL HEAD METERS FEET 18 - - 16 .. - 14 -... 12 .. I- 8 - - 6 - - 4 -.. 2 ->- E www.cranepumps.com inches I (mm) U.S. GALLONS PER MINUTE 100 200 300 400 500 600 LITERS PER SECOND SECTION 10 PAGE 10 DATE 1105 I I 5 I • 10 • I 15 • I 20 • I 25 • I 30 • I 35 Testing is performed with water, specific gravity 1.0 @ 68° F @ (20°C), other fluids may vary performance I CRANE .I PUMPS & SYSTEMS ' • A Crane Co. Company USA: (937) 778-8947 • Canada: (905) 457-6223 • International: (937) 615-3598 E www.cranepumps.com DISCHARGE ............................... 2" NPT. Female. Vertical, Bolt-on Flange LIQUID TEMPERATURE ............. 104"F (40"C) Continuous VOLUTE ....................................... Cast Iron ASTM A-48, Class 30 MOTOR HOUSING ...................... Cast Iron ASTM A-48, Class 30 SEAL PLATE .............................. Cast Iron ASTM A-48, Class 30 IMPELLER: Design .................... Vortex, open, with pump out vanes on back side. Dynamically balanced, ISO G6.3 Material .................. 85-5-5-5 Bronze SHAFT ...................................... ..416 Stainless Steel SQUARE RINGS .......................... Buna-N HARDWARE ................................ 300 Series Stainless Steel PAINT ........................................... Air Dry Enamel SEAL: Design .................... Single Mechanical Maten·a1 .•.•••.•..•••....•. Carbon/Ceramic/Buna-N Hardware -300 Series Stainless CORD ENTRY .............................. 20 ft. (6m) Cord. Quick connect custom molded for sealing and strain relief SPEED ........................................... 3450 RPM (Nominal) UPPER BEARING ........................ Single Row, Ball, Oil lubricated Load ........................ Radial LOWER BEARING ....................... Single Row, Ball, Oil lubricated Load ....................... .Radial & Thrust MOTOR: Design .................... NEMA L -Single Phase, NEMA B -Three phase Torque Curve, Oil Filled, Squirrel Cage Induction fnsulation ................. Class B SINGLE PHASE ........................... Permanent Split Capacitor (PSC) Includes Overload Protection in Motor THREE PHASE ............................ 200-2401480 is Tri-Voltage. 600V. Requires Overload Protection to be included in control panel OPTIONAL EQUIPMENT.. ........... Seal Material, Impeller Trims, Additional cord, Normally Closed Temperature Sensors with cord for 3 phase pumps (Requires relay in control panel). RECOMMENDED: Accessories ............. Break Away Fitting (BAF) Check Valve Control Panel Sea/ KitPN ............. 130181 Service Kit PN ......... 130208 3" \:),sc~'"-'jC. Y'iu··'jC. ; so' Sf\ ~owe<;-eu~d I CRAN EJ PUMPS & SYSTEMS Series 2SIEV-l 2" Spherical Solids Handling Vortex, Single Seal 2" Discharge Series: 2SEV·L 1.5 & 2.0HP, 3450RPM, 60Hz c@c~s CSA 108 UL 778 LR16567 DESCRIPTION: SUBMERSIBLE NON-CLOG SEWAGE PUMP DESIGNED FOR TYPICAL RAW SEWAGE APPLICATIONS SECTION 18 PAGE 31 DATE 6110 A Crane Co. Company USA: (937) 778-8947 • Canada: (905) 457-6223 • International: (937) 615-3598 / Series 2SEV~L 2" Spherical Solids Handling Vortex, Single Seal 2" Discharge I I I I ' -- MODEL NO PART NO HP 2SEV1522L 104187 1.5 2SEV1592L 104188 1.5 2SEV1542L 104189 1.5 2SEV1552L 105774 1.5 2SEV2022L 104190 2.0 2SEV2092L 104191 2.0 2SEV2042L 104192 2.0 2SEV2052L 105775 2.0 19.07 (484) I 2" NPT FEMALE VOLT/PH 240/1 200/240/3 480/3 600/3 240/1 200/240/3 480/3 600/3 6.66 (169) l Hz 60 60 60 60 60 60 60 60 RPM (Nom) 3450 3450 3450 3450 3450 3450 3450 3450 - NEMA FULL START LOAD CODE AMPS A 13.5 c 10.8/9.8 F 4.9 F 3.9 c 16.0 J 13.2112.0 J 6.0 J 4.8 OPTIONAL-Temperature sensor cord for 3 phase models is 14/3 SOW, 0.530 (13.Smrn) O.D. IMPORTANT! LOCKED ROTOR AMPS 31.5 27.0 13.5 11.0 42.0 30.0 15.0 12.0 1.) PUMP MAY BE OPERATED "DRY" FOR EXTENDED PERIODS WITHOUT DAMAGE TO MOTOR AND/OR SEALS. E www.cranepumps.com CORD SIZE 12/3 14/4 14/4 14/4 12/3 14/4 14/4 14/4 I inches I (mm) 1--1.50 (38) CORD TYPE sow SOW sow sow sow SOW sow sow 9.75 (248) CORD O.D inch (mm) 0.610 (15.5) 0.600 (15.2) 0.600 (15.2) 0.600 (15.2) 0.610 (15.5) 0.600 (15.2) 0.600 (15.2) 0.600 (15.2) 2.) INSTALLATIONS SUCH AS DECORATIVE FOUNTAINS OR WATER FEATURES PROVIDED FOR VISUAL ENJOYMENT MUST BE !NSTALLED JN ACCORDANCE WITH THE NATIONAL ELECTRIC CODE ANSl/NFPA 70 AND/OR THE AUTHORITY HAVING JURISDICTION. THIS PUMP IS NOT INTENDED FOR USE IN SVVIMMING POOLS, RECREATIONAL WATER PARKS, OR INSTALLATIONS IN WHICH HUMAN CONTACTVVITH PUMPED MEDIA IS A COMMON OCCURRENCE. I CRAN EJ PUMPS & SYSTEMS SECTION 18 PAGE 32 DATE 3/14 A Crane Co. Company USA: (937) 778-8947 • Canada: (905) 457-6223 • International: (937) 615-3598 www.cranepumps.com TOTAL HEAD METERS FEET 30 --100 ! I I I ! I I I i i I I ' i I ! I I 25 -~ I 80 I -~ 4.62 (117) ' I I I ' I I I I 20 -~ .... ,,i.37 (111) ' I 60 . I I ' I t: 4.00 (102) - i I I 15 _,_ I I I I ' I 40 ~ 3.50 (89) ' I I I ' 10--I I I I I I I I I I i 20 I i 5--I I • ' I " I i I I ! I I I I I I I I I I I I I I I i I , i I ' I I I ' I i I I ! I I I I I I I ' U.S. GALLONS 50 100 PER MINUTE I ' ' ' I I I ' LITERS 2 4 6 8 PER SECOND I I I I I I I ' I ' I ' ' ' i I I .... I ' I ... . I I i I I ! I I I I i I I , I 150 ' ' 10 Series 2SEV=L Performance Curve 1.5 & 2.0HP, 3450RPM, 60Hz 2" Discharge inches (mm) I STANDARD IMPELLER SIZES Pump HP Impeller Dia. 2.0 4.62 (117) 1.5 4.37 (111) I I I ! I I ' I I I I I I I I i I I I i I I . I I ! ' I I I I ! I i I I ! ' I I I I I i I ' I I I I I I I I ' ' I I I I I I I I I I I I I I I ' I V104180A 200 250 300 ' ' ' ' ' ' I I I I 12 14 16 18 Testing is performed with water, specific gravity 1.0@ 68° F @ (20°C), other fluids may vary performance I CRANE J PUMPS & SYSTEMS SECTION 1B PAGE 33 DATE 6/04 A Crane Co. Company USA: (937) 778-8947 • Canada (905) 457-6223 • International: (937) 615-3598 YEOMANS SERIES 9235 1999 NORTH RUBY STREET-MELROSE PARK, IL 60160 -PHONE: (708) 344-9600 -FAX: (708) 681-4432 YEOMANS PUMP DRY PIT SUBMERSIBLE PUMP WARRANTY Municipal Installations 1. Yeomans Dry Pit Submersible Pumps are warranted to the Original Buyer for a period of one year from date of acceptance or 1 B months from date of shipment. whichever Is sooner, to be free from defects in material ancilor workmanship and to conform to any applicable drawings and specifications approved by Yeomans Pump. Additionally, Yeomans Dry Pit Submersible Motors are warranted for five years from date of shipment to be free from defects in materials and/or workmanship. 2. The fNe year warranty is a prorated warranty as shown below: Parts will be replaced within the time period noted and buyer will be invoiced at the given I percentage rate of the price in effect at the time of shipment. I I I I I Months from Date of Shipment To Original Buyerl 0-18 19-36 37-48 49-60 Percentage Rate of Warranty I Oo/o • 25% 50o/o 75% • Refer to Item 5. 3. If within this period Yeomans receives from the Original Buyer written notice of any alleged defect in any such apparatus and if the apparatus is found not to be in conformity with this warranty (the Buyer having provided Yeomans a reasonable opportunity to perform any appropriate tests required thereon) Yeomans will, at its option and expense, ehher repair the same or supply replacement equipment. , 4. Yeomans, under ehher option, shall have the right to require the Original Buyer to deliver the apparatus to a designated service center; the Original buyer shall pay all charges of inbound and outbound transportation. Yeomans shall pay only the direct and actual cost of apparatus, repair or replacement as provided in ttem 3. 5, Labor charges for in-warranty repairs performed by Yeomans or hs designated service center shall be assumed by Yeomans if the repair is completed within 1 B m:>nths from the date of shipment to Original Buyer. 6, After repair, pumps are warranted for the residual period on the initial warranty, 7, The Submersible Pump and Motor have a double seal with a moisture detection system, The warranty shall cover the cost of replacement of the outer seal only. IF THE MOISTURE DETECTION SYSTEM IS NOT CONNECTED. THE WARRANTY IS VOID! The submersible Motor has motor winding thermostats. The Thermostats must be connected per local, state and/or National Electric Code. IF THE MOTOR WINDING THERMOSTATS ARE NOT CONNECTED, THE WARRANTY IS VOID! 8, Pumps destined for long-term storage shall be stored in accordance with the appropriate Service Bulletins. Any damage to the pumps due to improper storage condrtions shall void this warranty. 9. Any claim by Buyer with reference to the equipment sold hereunder ior any cause shall be deemed waived by Buyer unless submitted to Yeomans in writing within thirty (30) days from the date Buyer discovered, or should have discovered, any claimed breach. Unless agreed to the contrary by Y eornans in writing, any work done, material furnished, repairs or designs made by others, shall void the warranty. Yeomans shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the equipment, or from any other cause relating thereto, and Yeomans' liability hereunder in any case is expressly limited to the replacement (in the form originally shipped) of equipment or any part thereof, not complying with this order, or, at Yeomans' election, to the repayment of, or crediting buyer with an amount equal to the purchase price of such equipment, whether such claims are for breach or warranty or negligence. THIS WARRANTY IS EXPLICITLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESSED DR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS. OV15"!7 , e YEOMANS CHICAGO CORPORATION (SECTION 2235."6] CHICAGO PUMP PRODUCTS DRY-PIT SUBMERSIBLE SOLIDS-HANDLING PUMPS 0 E ._ __ t<;<;IJF 7 PRODUCT INFORMATION MODELS CP4083 TH RU CP8175 PEDESTAL MOUNTED A 0 c D G COMPLETE PUMP INCLUDES: A. POWER CABLE (25 FEET) B. CONTROL CABLE (25 FEET) C. DRY PIT SUBMERSIBLE MOTOR D. PUMP ASSEMBLY E. CASING HANDHOLE F. SUCTION ELBOVll G. SUCTION HANDHOLE H. SUPPORT PEDESTAL OPTIONAL ACCESSORIES: • CONTROL PANEL • ANCHOR BOLTS •WEAR RINGS H ------------------PAGE 2235_61 -- [SECTION 2235.6) CHICAGO PUMP PRODUCTS DRY-PIT SUBMERSIBLE SOLIDS-HANDLING PUMPS SOUDS-HANDUNG SUBMERSIBLE DRY PIT PUMP MODELS CP4083 THRU CP8175 PEDESTAL MOUNTED EPOXY SEAL CAP ~ RADIAL BEARING HOUSING TCRMINAL BOARD STATOR HOUSING MOISTURE PROBE UPPER SEAL LOWER SEAL HOUSING SUCTION ELBOW 1---~ SUPPORT PEDESTAL TYPICAL CONSTRUCTION ff EM ST AND ARD CONSTRUCTION OPTIONAL EPOXY SEAL CAP CAST IRON RADIAL BEARING HOUSING CAST IRON STATOR HOUSING CP.ST IRON SHAFT 416 STAINLESS STEEL THRUSTBEARING HOUSING CAST IRON DISCHARGE CASING CAST IRON IMPELLER CAST IRON BRONZE SUCTION El.BOW CAST IRON WEAR RINGS STl\INLESS STEEL UPPER SEAL CARBON/SILICON CARBIDE TUNGSTEN CARBIDE LOWER SEAL SILICON CARBIDSISILICON CARBIDE TUNGSTEN CARBIDE LOWER SEAL HOUSING CAST IRON HANDHOLE COVER CAST IRON SUPPORT PEDES I Al STEEL OR CASTIRON '----PAGE 2235.62 ------------------I<"' C' l ll"" -. I I [SECTION 2235.6 j CHICAGO PUMP PRODUCTS DRY-PIT SUBMERSIBLE SOLIDS-HANDLING PUMPS Subf':"le.rsible Wastewater Pump Assodation SW MEMBER (4) 7 !B SLOTS@ ·~ OVERHEAD CLEARANCE REQUIRED TO DISMANTLE PUMP 1 LIST OF EQUIPMENT FURNISHED: _ Mndi"I ---------------------Pump Rated for ________ GPM at Ft.TOH. ____ HP, ________ RPM, -------~ol~ ___ Phase, ____ Hz __________ Motor Frame TotallyEndosed Non-Ventil.atedw;Therm.al Protection & Moisture Det10ction ... ! JDIA LEFTHAND ROTATION RIGHT HAND ROTATION POS.2 , « POS3 lf-0<" POS.i P:JS.1 POS.3 ~! R_,, ~-+H--1' cY POS.4 'i "' ' P:JS.5 sucr1ohL../ POS.7 POS,6 NOTE: DISCHARGE IN POSITION N0.1 FURNISHED AS STANDARD. OTHER POSITIONS AVAILABLE FROM FACTORY WHEN SPEC!FlED. (PLEASE ADVISE REQUIRED ROTATION & RELATIVE POSITION OF SUCTION & DISCHARGE.) f POS.4 "' POS5 SUCTION OUTLINE DWG # 5006097 5.0. JOB: ISSUE REVISION DATE MOTOR FRAME CHART THREE PHASE-60 HERTZ MOTOR OPERATING RPM HP I 1750 1160 1 l<D i \(2 180 l 1M 3 5 71C 210 10 210 15 lD 250 25 lO 230 320 40 50 OD '" 75 361/ 100 i25 360 150 875 100 210 250 320 300 DIMENSION CHART 1 PUMP 1-J MODEL I suer. DISC A B I H F ! J I x z j MOTOR I APPROX. FRAME ! CP WEIGHT I 4 I l1s ~ ( 180 144 575 CP4083 I 4 ,2 16 ~ Bl 17 s ,1 6 I 8 2 2 I " I ' 210 550 I 4 I I " i I I 180 44 600 CP4103 4 I 62 16 t s l 77 10 B I B 2 2 6 210 52 575 * IFLE5s CLEARANCE !S AVAILABLE CONSULT FACTORY D D 4 ' I 210 56 I 800 CAS!NG HANDHOLE CJ15!NG SUCTJON ELBOW SUCTION ---· !SSUE2 CP4123 I . CP41331 \ \ r~t\-\----LJ_ SUCTION ELBOW HANDHOLE 4 s' B 19} B .l. 2 21 19 12 9 250 60 i300 6 I I '20 71 ]550 I I 210 58 I 900 ' ' 20 + 9 I " I , I , 6 4 S" 21 250 62 i400 4 3W 73 ·1650 i NOTE: 1. ALL DJMENSIONS ARE IN INCHES 2. SUCT.AND D!SCH..125 LB.P,Sll FLANGES. 3. '1/4 PIPE TAPS FOR GAUGE CONNEOlONS FURNISHED ON THE SUCTION FLANGE AND ON THE D!SCHARGE CASING. 4. 1/4 PJPETAP FOR VENT CONNECTIONS. PAGE 2235-70 ----' ! I SEC~"ION 2235.4 j CHICAGO PUMP PRODUCTS DRY-PIT SUBMERSIBLE SOLIDS-HAN DUNG PUMP CURVES 1750 R.P.M. CUBIC METERS PER HOUR 0 25 50 75 100 125 150 175 200 225 250 275 / 0 I I I I I I I I Model CP 41 03 L Curve No. ~~I I I I I I D'1. I .&10 40355 Impeller No. "~-I ~\O I I 9,, " J bG l,:i.q\o la\o 4700002 i'--- 6•,, > .. I ,~ ~ ~G 0a\o i-_I '-~ ~ ' Number of Vanes a: 2 I \'' ~ -"\ a\D ' " . ~~G L o\o I I V) Max. Sphere ' ' \----.s - I -_\ \ ~~ _"' 7LP: ~1 ' --0. i ' ->-= !5--20 HP -I IL I I -f\._ )<::: -I, -!--c7 I 115HP i I I v ~~ ~ i71/2HP · 10HP 1 NPSH-R I I IL, I i I 1. I i I o_ z 3" 20 ls Discharge Stze 4" ~4 Sucf1on Stze 10 I 4" or 6" 0 t: 100 200 300 400 500 600 700 800 900 1000 1100 1200 v; °' ~ L~ LIMIT LINE U.S. GALLONS PER MINUTE ~ 5 ~~1;;',~~~~~~a~~~wat<ir "SWPA Data Cat~g~ries Pres~ntea -·Data Ori tf1l~ sheet s1.1pply dedgn informatfon SW[X'l as th.e mi~imur:n recommende~ by the Submersible Wastewa~~r Pump Associatfon (SVv'PA) and is defrned rn accordance wrth SWPA's Standardized Definitions for Pump a11d Motor I Approveac:"""' 1 CharacteristicS. The accuracy of the data is the responslbillty of CHICAGO PUMP." ~!)d Dahl Format I CUBIC METERS PER HOUR 25 50 '·JOO 125 150 175 200 225 250 275 "" I ),/ '' I 7 Model CP 4123 Curve Na. 40356 Impeller No. 4702596 Number of Vanes 2 Max. Sphere 3" Discharge Size 4" Suction Size 4u or 6 11 L= LIMIT LINE ll'"r••,_ - Q. I have this information. The TDH, GPM etc. are listed as various. Do you have any more specific information? Q. Can we bid the items we can cover and still qualify within the bid? Q. Will you accept applicable alternates to the manufacturers listed? A, Tfre: iiSr of' acceptah!Er: ma·nufifctur;erso iS; liSted: on1 p·age-#-171:. A·. 1en·gthy.-!iSt of a-pplibVedi alternate~ m·a·n·uf.3ctur.ers' was: ihcliJd~d: since-: tha·t_ iS.-ihdlis'l\Je=.· of~-atr m·ajiJr: otlre·rs: wilh ri-o---r b.e a-crepre-dl NOTE: Bidders must acknowledge Receipt of this Addendum Write the words "Addendum No. l" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY SlGNING BELOW AND FAXlNG BACK TO (561) 243-7166 OR VIA EMAIL padal'd'rn\'dcli-a\ibeacl1co111 AS SOON AS POSSIBLE. SouTli EASnzR;.J·~ 1•vt P Planholder (}L?L!u~ y ) 1b1 ko1t BID #:!-014-37 SUIJME.ii:SIBl_J'; 6'A£IT:W,/?i.1:tl11'•1:'Mf'S J\N'N{)AL CONTR.-\.CT Page 2 of2 -~No.I fu..'}·'IJ~.101-1 ADDENDUM NO.I BID 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT JULY 09, 2014 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which irt accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions and Answers: Q. We have wastewater pump products that meet all the non-brand specific items of the specifications, which would perform as good as or better than your requirements. However, Items #8 & 9 are only available from one supplier and have appeared regularly on your annual bids for wastewater pumps. Under Section, K. Alternates of your bids specifications it states "Note: "The use of certain manufacturer's name and catalog number is not intended to exclude consideration of products of other manufacturers meeting the requirement". That said, Paragraph B of your bid specifications indicate that "VENDORS MUST BID ON ALL ITEMS LISTED ON BID FORM". As you can see, there is confiict here that disallows any other vendor to offer a competitive bid. We would like to suggest that the City remove items #8 & 9 from this bid and let competitive bidders bid on items #1-7. Or, alternatively allow the option of "no-bid" on items ns & 9. This would surely benefit the Oty by promoting competition on bid items #1-7. A. 111-e:bid:items·-were-d'eveloped:with the-:_,City's=-b-est:iil'tetest in mind-, The:bid:items-a·io-rrg~with the pomp spE!Gif\catldns~ we· re developed· to·-be' consiSte-nt:with' exiStlhg·. pump~· con-dit-ii:J'ns··. and: t\;;ptc·a1· iflventor;v levels. llhcs, the reques'tfor alr9· bid' item,· listed i 0n the' bid' form, As, to· disa,llowii1g compB.tliive: bid di 11--g~,. it woL:J Id: ri'ot: app'eelr" a:s; s:u ch 1 p'er·th·e:v.en·d G1r:':S; c!a·im-that they ca r~r: 0ffer· Gb"rhpetlti\ie: pricir:tg-. G'r'Y 77%.ccfthebid. items". Q. Can we bid on some of the items? Can you provide Manufacturer and Mode! number for items 1 through 9? A. l'.0 be: m·or·e-sp·eciflc: each hors·e: p·ower pun'"fp· that-we~ us·e-can· have. flVe-or six-lildtfel n·umbers~ kf tt1e-= ffar.n-es se-i-1ies·. s~o:· if w.e: wen~-, t,o 115t: out:a11· hors:e: powens.-, and: mode:r rnum·bers·, we would have a~ bTCf shee:t\JV.ith·;thi!'.t;y.· c-ir·f.brty ite·m·s--. H'owever· ;rll: 0f the accepted, m·anl'.lf-~cture·s:'· t~h·at we:lis't: h·a·ve-_ a: b:rse 0 p·dte for-spt:idfic h6ns·e-p-owe:rs: dn'd· s=ize-5' whiGh·· iS; what: i's' l!Sted' .. :for· a-H' a·-ve.rYde-r' wiShii"Yg; to:-hii:J: on this-\>VOufrf n-e·ed: to·-do· iS; c::·o-nt:iet:tfre~ a·p·µ.r:oved rr:ran·uf'act'ure: of the·fr ~h'oiCff· an·d provid'e:fror·s-epower· a·nd1s-1z.·e-·a·ryd: llie atf18-to o·bt·ain·, a1 p·rir;e-: fDrr quntatiOn;p--urp·o-ses·. ~oJJ:fill~"37 ~f.JE!i;!!'Ef'".£1RLE \~'.U..1E.ll-'A1ll R_Jl'TI"'!: /;t~R:&l 'fiJNTRAO Addendum No.I July09, 20!-l Client#· 20809 SOUTHPUM ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/00/YYYY) 9/11/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2U~~cr Joyce Simpson Cypress Insurance Group (BO) f~RNJo, Extl: 954 771-QJQQ I ;ffc No\: 954 772 9424 P.O. Box 9328 i,oM0~~ss: JoyceS@Cypresslnsurance.Com Fort Lauderdale, FL 33310-9328 !NSURER(S) AFFORDING COVERAGE NAIC# 954 771-0300 FCCI Insurance Company 10178 INSURER A: INSURED INSURER B: FCCI Commercial Ins Company 33472 Southeastern Wastewater Equipment OBA INSURER C: Southeastern Pump INSURER D: PO Box 100727 Fort Lauderdale, FL 33310 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AODL SUBR 11:g,15g~\ :~155~ LIMITS LTR INSR WVD POLICY NUMBER A GENERAL LIABILITY CPP000522210 07/26/2014 07/26/201! EACH OCCURRENCE 1UOO,OOO x COMMERCIAL GENERAL LIABILITY ~~~~~~J9E~~'g~?enre' 1100,000 l CLAIMS·MADE [!] OCCUR MED EXP (Any one person) 15,000 PERSONAL & ADV INJURY 11,000,000 '---GENERAL AGGREGATE 12,000,000 rl'L AGGREnE LIMIT A~~s PER: PRODUCTS -COMP/OP AGG 12,000,000 POLICY ~re?,: I LOG I AUTOMOBILE LIABILITY I ~~~~~~~~t~INGLE LIMIT I ~ ANY AUTO BOD!L Y INJURY (Per person) I ~ -ALL OWNED SCHEDULED BODIL y INJURY (Per accident) I ~ AUTOS ~ AUTOS L NON·OWNED I rp~~~~c~~~gAMAGE I HIRED AUTOS ~ AUTOS i I B c_)C UMBRELLA LIAB -~OCCUR UMB00108975 7/26/2014 07/26/201! EACH OCCURRENCE 11.000.000 EXCESS LIAB CLAIMS·MADE AGGREGATE 11.000.000 oEo I xl RETENTION $10 000 I WORKERS COMPENSATION lf~R~~~IY,:" I IOTH- AND EMPLOYERS' LIABILITY y IN ER ANY PROPRIETOR/PARTNER/EXECUTIVED E.L. EACH ACCIDENT I OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more sp;ice is required) Project: Bid/Contract #06C-35JZ. Palm Beach County School District is named additional insured as respects liability when required by written contract subject to policy terms, conditions and exclusions on work being performed on the above project. CERTIFICATE HOLDER CANCELLATION School Dist. of Palm Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN County, FL, Attn: Amanda ACCORDANCE WITH THE POLICY PROVISIONS. 3300 Forest Hill Blvd #A-323 West Palm Beach, FL 33406 AUTHORIZED REPRESENTATIVE ' h..u9.&nd.., © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #5184951/M183147 CAT ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE '" 0911112014 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Warren Insurance Corporation ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 950 Peninsula Corporate Circle ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 1012 INSURERS AFFORDING COVERAGE Boca Raton FL 33487 561-362-6005 INSURED Southeastern Waste Water Equipment, Inc. INSURER A: CastlePoint Florida Insurance Comoanv Southeastern Pump INSURER B 1368SW12th Ave INSURER C: Pompano Beach FL 33069 INSURER 0 I INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE lNSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l!'J§! TYPE OF INSURANCE POLICY NUMBER P£>AL!~Y EFFECTIVE P<,;!~lf,)' EXPIRATION LIMITS __QgNERAL LIABILITY EACH OCCURRENCE $ -~MERCIAL GENERAL LIABILITY FIRE DAMAGE fAnv one fire\ $ -CLAIMS MADE D OCCUR MED EXP IAnv one oerson\ $ PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APnS PER: PRODUCTS -COMP/OP AGG $ 1 POLICY n ~~9.; LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -$ ANY AUTO (Ea ac~ident} - -ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) ~ ~ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ==i ANY AUTO OTHER THAN EAACC $ AUTO ONLY· AGG $ EXCESS LIABILITY EACH OCCURRENCE $ D OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND x I WCSTATU-I I OJ~- A EMPLOYERS' LIABILITY WCP760040704 0110112014 0110112015 EL EACH ACCIDENT s100,000 EL DISEASE -EA EMPLOYE• s500,000 EL DISEASE -POLICY LIMIT 1100,000 OTHER DESCRIPTION OF 0PERATIONSILOCAT10NSNEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS This insurance is applicable to Bid No. 2013-07 Submersible Wastewater Pumps Annual Contract . CERTIFICATE HOLDER I I ADDITIONAL INSURED· INSURER LETTER: CANCELLATION City of Delray Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 100 NW 1st Avenue DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Delray Beach, FL 33444 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTA 11V~ "· !ta,, <SA>! I ACORD 25-S (7197) -© ACORD CORPORATION 1988 Image Manager Page 1 of I ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDCIYYYY) I.....--07/11/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXiEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING JNSURER(S), AUiHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROOOCER Michele Greene Ins Agcy Inc. ~~::~CT Michele Greene r~N,;., E.,;.~954-781.~00 ~~· .·1 t~~ Mol,°~?81~Q -- 3320 N Federal Hwy - ~ Lighthouse Pt, FL 33064 J~b: michele.green~.btOs@state~rm.com .. ---- -__ l~SURER!S) A~f;5?RDING CO~RA~-·-· =---+ _NAIC• . INSU~RA; State Fa~ Mutua_t AtJ~mobilit[nsurance. Compan~-----· .25178 -~---------------------- INSURED Southeastern Wastewater Equipment Corp ~~~B '· -----------------· --1 --- C/O Southeastern Pump ).NSURER ~ · -------------------- PO Box 100727 _INSUJ;:_E~ ----------------__c--- Ft Lauderdale FL 333t 0-0727 )~SURER_!=: ------------------I -- INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS rs TO CERTIFY Ttto\T THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO lHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOIC_ATED. NOT\MTHSTANDING ANY REQUIREMENT. TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PO\JCIES DESCRIBED HEREJN IS SUBJECT TO ALL TI-IE TERMS, EXCLUSJONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOVllN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~· ·~~F~·~·· ~ ~·-· ~-NO;;;-· 1;~~~:~~~ ··---.. ··~~~~------- 1 GENERAL LlABIUTY y q ' I i EACH OCCURRENCE --f.!---u coMMERctALGENe~1AS1llTY r I , . ~~~?~~~rr°er:c .. ~~~ -==· -~ CL:~MS.MAOE ~~OCCUR ·-_ 1· I ~:,:~:A::.~~;--.j: ·--~~~ _ ---__ .GENEf'.!ALAGGRl:GAT~.~ ____ _ , GEN"LAGGREGATELIMITAPPLIESPER i i:'ROO~~TS-CO~PIOP~ ---_ r---1. POLICY . ··1 PRO-1 LOC 1 S A AUTOt«IB!LE LIABILITY r---, . ANY" AUTO ~ ll.LL O\NNEO ~ SCHEDULED AU"TOS AUTOS NON-OWNED HIREOAUTOS , AUTOS yo· -I I WORKERSCOMPENSATION · .AND EMPLOYERS' LIABILITY y / N . ANY PROPRIETORIPARTNERIEX. ECUT!\/E D - ' OFFICE!MEMBER EXCLUDED? ; NI A (Na.adatory in Ntl) - I lf yes. deooibe und<>r 251 9643-020-59 204 5400-FCIJ--59 9957589-C17-S9A . 1012012013 11!12012014 06/0312014 12/tl312D14 COMBINEDSINGLEUMIT ~ I (E,.!,11roe1enn • ___ ~ .. ---· ··- , BODIL ~ INJURY (Per '19fll0n) s 500,0(){l ----· .. ---·' ·---·-·· ·-'-- BOOIL-Y INJ.URY (P.,racc'ldtn-')_ ' -500.0Q() =~~~-~DAMAGE. ~ _ $ _ • S00~9_CJ9 - ' _EAc"ocrn_'""°'--+.', _ AGGREGATE ~- ' WC STJ:"T.id-_ I lu.!!:1' 1 ----1.J:Qf!)'Ll~.!i:B :. __ _ EL EACH ACCIDENT... ~ , E.~ .. EA EMPL~~, ~--~ E.L D!SEASE-PU.ICYLIMIT $ I 03117/2014 09MT/2014 ~ $1.000.000 I DESCR1PT\ONOF OPERATDNSI LOCATIONS I VEHICLES (Atla~h A.CORO 1<11, Add!Uona.I R•ma<t;&Sctoedule, If ml>ft &pace IBreq<jh~d) CITY OF DELRAY BEAC SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT BID NO: 2013-07 CERTIFJCATE HOLDER CITY OF DELRAY BEACH 100NW1ST AVE DELRAY BEACH FL 33444 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE lliE EXPIRATION CATE THEREOF, NOTICE WILL BE OEl..fVERED IN ACCORDANCE WfTH THE POLICY PROVISIONS. .,,,..,.,.,, "'"'"'"~ 0\_Y~ .~~ © 1988-2010 ACORD CORPORATION. All rights reserved, ACORD 25 (2010105} The ACORD name and logo are registered marks of ACORD 1001486 13284$.7 03-01-2012 httos :// s fn et oor .state farm .org/im core/j sps/pages/imageManager. faces 7111/2014 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-847,Version:1 TO:Mayor and Commissioners FROM:John Morgan, Director of Environmental Services THROUGH:Donald B. Cooper, City Manager DATE:September 8, 2016 RENEWAL OF CONTRACT WITH SOUTHEASTERN PUMP CORPORATION FOR THE PURCHASE OF SUBMERSIBLE WASTEWATER PUMPS FOR AN ADDITIONAL TWO YEAR TERM IN A NOT-TO-EXEED AMOUNT OF $170,000 Recommended Action: Motion to Approve a contract renewal with Southeastern Pump Corporation, for the purchase of submersible wastewater pumps for an additional two year term in the amount of $170,000.00. Background: On September 4, 2014, City Commission approved renewable Submersible Wastewater Pumps Contract, Bid No. 2014-37, to Southeastern Pump Corporation. The contract was fully executed on September 25, 2014 and the term was for two years with one, two-year option to renew. Based on historical expenditures, staff is estimating annual expenditure of $85,000 for FY2016-2017 and FY2017-2018, contingent upon approval of the division’s annual operating budget. Wastewater pumps are used in sewage lift stations for the conveyance of wastewater to the South Central Regional Wastewater Treatment Plant for treatment. The City owns 127 sewage lift stations which are maintained by the Public Utilities Division/Utility Maintenance Group. Pumps are ordered on an 'as needed' basis to restock the City’s warehouse inventory for use by the Utilities Division and vary in sizes from two to thirty horsepower, with specific unit prices per pump. This request to exercise the renewal option is in accordance with the City Code of Ordinances, Section 36.07(A)(3), "Termination, Extension and Renewal". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding will be available from 441-5144-536-46.20; Repair and Maintenance Service/Equipment Maintenance on an as needed basis. Timing of Request: This request is time-sensitive as staff wishes to renew the contract prior to its expiration. City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-847,Version:1 City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ Purchasing Compliance Checklist 36.02 (A) (1) Competitive Bid (2) RFQ Written Quotes attached Lowest Responsive Bid (3) Professional Service (4) Speciality Good (5) Emergency Acquisition (6) (a) Sole Source (6) (b) City Standard (7) Other Government Contract (8) Cooperative (11) Best Interest 36.03(A) $25,000 and above 36.03(B) Multiple acquisitions $25,000 and above Selection Committee Recommendation 36.02 (B) 36.03(C) Amount: City Commision Approval: (2) RFP (2) Letter of Interest Sole Source Letter Entity who awarded contract Best Interest Resolution Comments and Notes: Letter certifying best price 36.09 Revenue generating contract 36.06 Original Commission Approval Date: Amount approved: Change Order Contract Yes No Proposed Contract Term: Effective Date: Contract Term of award: Competitively Bid Thursday, September 8, 2016 City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Delray Beach City Hall City Commission Mayor Cary Glickstein Vice Mayor Al Jacquet Deputy Vice Mayor Jordana Jarjura Commissioner Mitchell Katz Commissioner Shelly Petrolia Regular Commission Meeting Regular Meeting at 6:00 PM Public Hearings 7:00 p.m. Commission Chambers 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. September 8, 2016City Commission Regular Commission Meeting 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. PRESENTATIONS: RECOGNITION OF KYSHAWN BYRD AND COREY VARIANCE OF THE THE DELRAY BEACH BLAZING ELITE TRACK STARS FOR THEIR PARTICIPATION IN THE AAU JUNIOR OLYMPIC GAMES IN HOUSTON, TX 3.A. Recognition of Kyshawn Byrd and Corey Variance for their outstanding performance and representing the City of Delray Beach at the 2016 AAU Junior Olympics in Houston, Texas. Recommendation: Sponsors:Parks & Recreation Department 4. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 4.A. City Manager's response to prior public comments and inquiries 4.B. From the Public 5. AGENDA APPROVAL 6. CONSENT AGENDA: City Manager Recommends Approval APPROVAL OF MINUTES6.A. Motion to approve various sets of minutes as listed below: February 4, 2015 Special Meeting February 10, 2015 Workshop Meeting November 3, 2015 Special Meeting April 5, 2016 Regular Meeting Recommendation: 02-04-15 Special Meeting Minutes 02-10-15 Workshop Meeting Minutes 11-03-15 Special Meeting Minutes 04-05-16 Regular Meeting Minutes Attachments: CONSIDER ACCEPTANCE OF A LANDSCAPE MAINTENANCE FOR THE SAMAR MIXED-USE (AKA ALOFT HOTEL) DEVELOPMENT. 6.B. Motion to Accept the Landscape Maintenance Agreement for the Samar Mixed-Use (aka Aloft Hotel) development. Recommendation: Sponsors:Planning & Zoning Department Page 3 City of Delray Beach Printed on 9/1/2016 September 8, 2016City Commission Regular Commission Meeting Consent Agenda Landscape Maintenance Agreement Landscape Maintenance Agreement SAMAR Mixed Use - Class V Site Plan SPRAB Staff Report Attachments: ACCEPTANCE OF AN EASEMENT AGREEMENT LOCATED AT 326 E. ATLANTIC AVENUE WHICH BEGINS ON THE NW CORNER OF LOT 3 AND EXTENDS 43.74’ TO THE EAST AND ENCOMPASSES 115 SQUARE FEET IN THE PEDESTRIAN CLEAR ZONE. 6.C. Motion to Approve the Easement Agreement located at 326 E. Atlantic Avenue which begins on the N.W. corner of Lot 3 and extends 43.74’ to the east and encompasses 115 square feet in the pedestrian clear zone. Recommendation: Sponsors:Planning & Zoning Department Easement Agreement for Capital One Survey 326 E. Atalantic Avenue Attachments: SERVICE AUTHORIZATION NO. 12-16 WITH WANTMAN GROUP, INC. FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION FOR THE CITY MARINA SEAWALL AND DOCK IMPROVEMENTS 6.D. Motion to Approve Service Authorization No. 12-16 with Wantman Group, Inc. in a not-to-exceed amount of $96,764.32 for the City Marina seawall and docks improvements along the Intracoastal Waterway (Project No. 16-098). Recommendation: Sponsors:Environmental Services Department Service Authorization 12-16 with Location MapAttachments: APPROVAL OF SERVICE AUTHORIZATION NO. 16-01 TO CALVIN, GIORDANO & ASSOCIATES, INC., IN THE AMOUNT NOT TO EXCEED $25,000 FOR CAD/GIS TECHNICIAN SERVICES. 6.E. Motion to Approve Service Authorization No. 16-01, with Calvin, Giordano & Associates, Inc., for an amount not to exceed $25,000 for CAD/GIS technician staffing services . Recommendation: Sponsors:Environmental Services Department Service Authorization No. 16-01 Calvin Giordano and Associates, Inc. Attachments: APPROVAL OF SERVICE AUTHORIZATION NO. 16-02 TO CALVIN, GIORDANO & ASSOCIATES, INC., IN THE AMOUNT NOT TO EXCEED $50,000 FOR ENGINEERING REVIEW SERVICES RELATED TO SITE PLAN PERMITTING. 6.F. Motion to Approve Service Authorization No. 16-02, with Calvin, Giordano & Associates, Inc., for an amount not to exceed $50,000 for engineering review services related to site plan permitting . Recommendation: Sponsors:Environmental Services Department Service Authorization No. 16-02 Calvin Giordano and Associates, Inc. Attachments: Page 4 City of Delray Beach Printed on 9/1/2016 September 8, 2016City Commission Regular Commission Meeting PURCHASE AWARD TO MUSCO SPORTS LIGHTING, LLC. FOR CONTROL LINK SYSTEMS AT VARIOUS CITY PARKS 6.G. Motion to Award a purchase order to Musco Sports Lighting, LLC, utilizing Clay County Contract RFP No. 13-14-8, in an amount not to exceed $40,000.00 for control link systems at various City Parks. Recommendation: Sponsors:Purchasing Department Clay County Approval Minutes Clay County Bid Proposals & Best Price Statement Attachments: AWARD OF A PURCHASE ORDER TO WILLO PRODUCTS COMPANY, INC. FOR UPGRADE OF MAXIMUM SECURITY DOORS 6.H. Motion to Award a purchase order to Willo Products Company, Inc. for upgrade of maximum security doors in a total amount not to exceed $44,000.00. Recommendation: Sponsors:Purchasing Department WILLO PRODUCTS COMPANY, INC. 2016-131 ITB Document (R1) 2016-131 Exhibit A Attachments: AWARD OF A PURCHASE ORDER TO DOOR SYSTEMS OF SOUTH FLORIDA INC. FOR THE PURCHASE AND INSTALLATION OF TWO FIRE STATION BAY DOORS AT STATION 112 AND SIX FIRE STATION BAY DOORS AT STATION 115 6.I. Sponsors:Purchasing Department Memorandum Cone of Silence 2016-135 ITB (Final) Addendum 1 Door Systems of South Florida Attachments: AWARD OF A PURCHASE ORDER TO MUNICIPAL EQUIPMENT COMPANY LLC. FOR THE PURCHASE OF EIGHT (8) THERMAL IMAGING CAMERAS 6.J. Motion to Award a purchase order to Municipal Equipment Company, LLC. for the purchase of eight (8) Thermal Imaging Cameras for a not-to-exceed amount of $60,000.00. Recommendation: Sponsors:Purchasing Department 12-0806M TICS Quote Best Price Letter Attachments: RESOLUTION NO. 42-16 ADOPTING THE SPECIAL EVENTS POLICY AND SPECIAL EVENTS GUIDEBOOK 6.K. Motion to Approve Resolution No. 42-16 adopting the Special Events Policy and the Special Events Guidebook. Recommendation: Sponsors:City Attorney Department Page 5 City of Delray Beach Printed on 9/1/2016 September 8, 2016City Commission Regular Commission Meeting Resolution 42-16 Special Event Policy and guidebook adoption Exhbit A Special Events Policy Exhibit B Special Event Guidebook Attachments: RESOLUTION NO. 43-16 ADOPTING THE SPECIAL EVENTS FEE SCHEDULE6.L. Motion to approve Resolution No. 43-16 adopting the Special Events Fee Schedule. Recommendation: Sponsors:City Attorney Department Resolution No. 43-16 Final and ExhibitsAttachments: RESOLUTION NO 29-16 NUSIANCE ABATEMENT OF FIVE (5) PROPERTIES THROUGHOUT THE CITY 6.M. Motion to Adopt Resolution No. 29-16 assessing costs for abatement action required to remove nuisances on five (5) properties throughout the City. Recommendation: Sponsors:City Clerk Department Resolution No. 29-16 Exhibit A Attachments: 6.N. PROCLAMATIONS 6.N.1 None REPORT OF APPEALABLE LAND USE ITEMS AUGUST 1, 2016 THROUGH AUGUST 19, 2016 6.O. Motion to receive and file this report. Recommendation: Sponsors:Planning and Zoning Board Location Map 415 N. Swinton Avenue 219 SE 7th Avenue Caspian/Uptown Delray SE 2nd Ave Parking Lot Forever 21 215 NE 5th Avenue Adam's and Khalil's Residence Delray Beach Radiation Therapy Center Congress Warehouse 4591 & 4561 West Atlantic Avenue Attachments: 6.P. AWARD OF BIDS AND CONTRACTS 6.P.1. None Page 6 City of Delray Beach Printed on 9/1/2016 September 8, 2016City Commission Regular Commission Meeting 7. REGULAR AGENDA: CONSIDERATION OF A WAIVER REQUEST FOR DELRAY BEACH RADIATION THERAPY FROM LDR SECTION 4.6.9(D)(4)(B) REQUIRING WHEEL STOPS OR CURBING FOR PARKING SPACES (QUASI-JUDICIAL HEARING). 7.A. Motion to Approve the waiver to LDR Section 4.6.9(D)(4)(b), which requires wheel stops or curbing for parking spaces based on positive findings with LDR Section 2.4.7(B)(5). Recommendation: Class IV SPRAB Staff Report DMC Waiver Letter Board Order Attachments: 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): 7.B. AWARD OF A PURCHASE ORDER TO TEN-8 FIRE EQUIPMENT, INC. FOR THE PURCHASE OF SIX (6) SETS OF TNT EXTRICATION EQUIPMENT. 7.B.1. Motion to Award a purchase order to Ten-8 Fire Equipment, Inc. for the purchase of six (6) sets of TNT Extrication Equipment for a not-to-exceed amount of $105,000.00. Recommendation: Sponsors:Purchasing Department Lake County - Ten8 Lake County 2016 Extension Letter RE Best Price Certification Statement TNT Quote Attachments: PURCHASE AWARD TO MUSCO SPORTS LIGHTING, LLC. FOR REPLACEMENT OF HILLTOPPER STADIUM LIGHTS 7.B.2. Motion to Approve Purchase of a replacement lighting system for Hilltopper Stadium to Musco Sports Lighting, LLC in the amount of $159,250.00 using Clay County Board of County Commissioners Contract RFP No.13/14-8. Recommendation: Sponsors:Parks & Recreation Department Musco letter certifying lowest price Musco quote for Hilltopper replacement Clay County FL RFP for Various Equipment and Amentieis for Parks and Playgrounds Clay County RFP Award Document Clay County approval minutes Musco - Clay County submission 2014 Hilltopper Light Level Readings Attachments: AWARD OF AN AGREEMENT WITH ANDERSON & CARR, INC. FOR COMMERCIAL 7.B.3. Page 7 City of Delray Beach Printed on 9/1/2016 September 8, 2016City Commission Regular Commission Meeting REAL ESTATE BROKER Motion to Award an agreement with Anderson & Carr, Inc. for commercial real estate broker services in an amount not-to- exceed of $100,000. Recommendation: Sponsors:Purchasing Department Agreement RFP 2016-109 Tabulation 2016-109 Purchasing Checklist Attachments: RENEWAL OF CONTRACT WITH SOUTHEASTERN PUMP CORPORATION FOR THE PURCHASE OF SUBMERSIBLE WASTEWATER PUMPS FOR AN ADDITIONAL TWO YEAR TERM IN A NOT-TO-EXEED AMOUNT OF $170,000 7.B.4. Motion to Approve a contract renewal with Southeastern Pump Corporation, for the purchase of submersible wastewater pumps for an additional two year term in the amount of $170,000.00. Recommendation: Sponsors:Purchasing Department Renewal Letter (Delray #2014-37) Southeastern Pumps EXECUTED contract 20140925_20160925 Attachments: SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION / PROFESSIONAL SERVICES FOR CAPITAL PROJECTS - FY 2015-2016. 7.B.5. Motion to Approve the Second Amendment to the Interlocal Agreement (ILA) between the City and the Community Redevelopment Agency (CRA) to provide for changes in the amount of funding for the Old School Square Building Maintenance project listed in Exhibit 'A' to the Original Agreement. Recommendation: Sponsors:Environmental Services Department Interlocal Agreement With CRA Funding Construction Services 1st Amendment ILA FY 15-16 Construction/Professional Services 2nd Amendment ILA FY 15-16 Construction/Profess Attachments: APPROVAL OF THE SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE CREATIVE CITY COLLABORATIVE OF DELRAY BEACH, INC. 7.B.6. Motion to Approve the Second Amendment to the Lease Agreement between the City of Delray Beach and the Creative City Collaborative of Delray Beach, Inc. Recommendation: Arts Garage - Second Lease Amendment FINALAttachments: APPROVAL OF RANKING AND AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR MANAGEMENT SERVICES FOR THE DELRAY BEACH TENNIS CENTER AND DELRAY SWIM & TENNIS CLUB 7.C. Motion to Approve ranking of responses for Management Services for Recommendation: Page 8 City of Delray Beach Printed on 9/1/2016 September 8, 2016City Commission Regular Commission Meeting Delray Beach Tennis Center and Delray Swim & Tennis Club and authorize staff to enter into negotiations for a contract. Sponsors:Purchasing Department 2016-086-2 Committee Eval Scoring FormAttachments: AWARD OF A PURCHASE ORDER TO HALL-MARK FIRE APPARATUS, LLC FOR TWO (2) HORTON RESCUE TRANSPORT VEHICLES 7.D. Motion to Approve Horton emergency vehicles as a City Standard and award a purchase order to Hall-Mark Fire Apparatus, LLC for two Horton Rescue Transport Vehicles in a not-to exceed amount of $694,664.00. Recommendation: Sponsors:Purchasing Department Delray Beach Horton Pricing two units 7-18-16 City Standard Memo - Rescue Vehicle Attachments: PURCHASE AWARD TO TEN-8 FIRE EQUIPMENT, INC. FOR THE PURCHASE OF TWO (2) PIERCE VELOCITY PUMPER TRUCKS AND ONE (1) PIERCE VELOCITY 75’ HEAVY ALUMINUM LADDER TRUCK (HAL). 7.E. Motion to Approve an award to Ten-8 Fire Equipment, Inc. for the purchase of two (2) Pierce Velocity Pumper Trucks in an amount of $1,505,000.00 each and one (1) Pierce Velocity 75’Heavy Aluminum Ladder Truck (HAL) in an amount of $1,049,000.00. Recommendation: Sponsors:Purchasing Department Delray Beach TWO Pierce Pumpers Pricing Delray Pierce 75' Aerial Pricing City Standard Memo - Fire Apparatus Attachments: EMPLOYEE HEALTH BENEFIT PREMIUM COSTS EFFECTIVE OCTOBER 1, 20167.F. Motion to Award Agreements for employee benefits and approve the premium costs effective October 1, 2016. Recommendation: Sponsors:Purchasing Department Medical Plan Premium Savings 080916 - Delray Beach - Executive Summary 2016-2017 Premium Comparison 081016 - Delray Beach - Executive Summary 2016-2017 Dental Vision 081016 - Delray Evaluation - Medical Benefits Only Attachments: NOMINATIONS FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT7.G. Recommend nominations for appointment for three (3) regular members and two (2) alternate members to serve on the Board of Adjustment for two (2) year terms ending August 31, 2018. However, only two (2) appointments will be made because there are only two (2) applicants at this time. Recommendation: Sponsors:City Clerk Department Page 9 City of Delray Beach Printed on 9/1/2016 September 8, 2016City Commission Regular Commission Meeting Exhibit A Board of Adjustment Board Member List Board of Adjustment Attendance Member List Attachments: NOMINATIONS FOR APPOINTMENT TO THE CIVIL SERVICE BOARD7.H. Recommend nominations for appointment for two (2) regular members and one (1) alternate member to serve on the Civil Service Board for two (2) year terms ending July 1, 2018. However, only two (2) appointments will be made because there are only two (2) applicants at this time. Recommendation: Sponsors:City Clerk Department Exhibit A Civil Service Board Member List Civil Service Attendance Member List Attachments: NOMINATIONS FOR APPOINTMENT TO THE EDUCATION BOARD7.I. Recommend nominations for appointment for two (2) regular members to serve on the Education Board for two (2) year terms ending July 31, 2018. Recommendation: Sponsors:City Clerk Department Exhibit A Education Board Member List Education Board Attendance List Attachments: NOMINATIONS FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD7.J. Recommend nominations for appointment for four (4) regular members to serve on the Historic Preservation Board for two (2) year terms ending August 31, 2018. Recommendation: Sponsors:City Clerk Department Exhibit A Historic Preservation Board Member List Historic Preservation Board Attendance List Attachments: NOMINATIONS FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD7.K. Recommend nominations for appointment for four (4) regular members to serve on the Planning and Zoning Board for two (2) year terms ending August 31, 2018. Recommendation: Sponsors:City Clerk Department Exhibit A Planning and Zoning Board Member List Planning and Zoning Board Attendance List Attachments: NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD7.L. Page 10 City of Delray Beach Printed on 9/1/2016 September 8, 2016City Commission Regular Commission Meeting Recommend nomination for appointment for one (1) regular member to serve on the Public Art Advisory Board for a two (2) year term ending July 31, 2018. Recommendation: Sponsors:City Clerk Department Exhibit A Public Art Advisory Board Member List Public Art Advisory Board Attendance List Attachments: NOMINATIONS FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD 7.M. Recommend nominations for appointment for five (5) regular members to serve on the Site Plan Review and Appearance Board for two (2) year terms ending August 31, 2018. Recommendation: Sponsors:City Clerk Department Exhibit A Site Plan Review and Appearance Board Member List Site Plan Review and Appearance Board Attendance List Attachments: 8. PUBLIC HEARINGS: RESOLUTION NO 35-16 TENTATIVE MILLAGE LEVY8.A. Motion to Approve Resolution No. 35-16 Tentative Millage Levy for FY 2017. Recommendation: Res 35-16 Tentative Millage Levy FY 2017Attachments: RESOLUTION NO 36-16 TENTATIVE MILLAGE LEVY/DDA8.B. Motion to Approve Resolution No. 36-16 Tentative DDA Millage Rate for FY 2017. Recommendation: Res 36-16 Tentative Tax Levy DDA FY 2017 DDA 2016-17 Budget Delray Beach DDA FY16-17 Millage Approval Memo 9.8.16 CC Mtg 2016 - 2017 Marketing Downtown Initiative Approved August 2016 2016-17 Placemaking Approved Initiative as of Aug. 2016docx 2016-2017 Economic Develop Initiative Approved Aug 2016 Attachments: RESOLUTION NO 37-16 TENTATIVE BUDGET ADOPTION FOR FY 20178.C. Motion to Approve Resolution No. 37-16 Tentative Budget Adoption for FY 2017. Recommendation: Resolution No. 37-16Attachments: ORDINANCE NO. 17-16 AMENDING THE CITY’S POLICE AND FIREFIGHTERS RETIREMENT PENSION SYSTEM (SECOND READING) 8.D. Motion to Approve Ordinance No. 17-16 amending the City ’s Police and Recommendation: Page 11 City of Delray Beach Printed on 9/1/2016 September 8, 2016City Commission Regular Commission Meeting Firefighters Retirement Pension System. Second reading Delray Beach Police Fire Pension Ordinance 8.19.16 3-2 (00700515xBA9D6)Attachments: ORDINANCE NO. 27-16: IMPOSING A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR (SECOND READING/SECOND PUBLIC HEARING) 8.E. Motion to Approve on second reading Ordinance No. 27-16: Imposing a temporary moratorium on the operation of Medical Marijuana Treatment Centers and Dispensing Organizations within the City of Delray Beach for a period of one year. Recommendation: Sponsors:Planning & Zoning Department Ordinance No. 27-16 Medical Marijuana Moratorium HB 307-1313 2016 Amending 381.986, FS Statutes & Constitution View Statutes Online Sunshine Compassionate Dispensing Org Map Attachments: ORDINANCE NO. 15-16: AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.3.3, SPECIAL REQUIREMENTS FOR SPECIFIC USES, SUBSECTION (A), SELF-SERVICE STORAGE FACILITIES, TO REVISE THE ASSOCIATED SPECIAL REQUIREMENTS; AMEND SECTION 4.4.26 LIGHT INDUSTRIAL (LI) DISTRICT, SUBSECTION (B), PRINCIPAL USES AND STRUCTURES PERMITTED, TO LIST SELF-SERVICE STORAGE FACILITIES AS A PERMITTED USE; AND SUBSECTION (D), CONDITIONAL USES AND STRUCTURES ALLOWED, TO REMOVE SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE. (SECOND READING) 8.F. Approve Ordinance No. 15-16 on Second Reading for the amendments to Land Development Regulation Sections 4.3.3(A), Self-Service Storage Facilities, and 4.4.26, Light Industrial District. Recommendation: Sponsors:Planning & Zoning Department Ordinance No. 15-16 Planning & Zoning Staff Report - LI Self-Service Storage Facilities LI District w/Adjacent Zoning, Acres, Existing SSSF Ordinance No. 15-16 (Original) Attachments: ORDINANCE NO. 25-16: SANITATION RATES FOR FY2017 (SECOND READING)8.G. Motion to Approve an amendment to the City Code of Ordinances, Chapter 51, "GARBAGE AND TRASH", Section 51.70, "REGULAR CHARGES LEVIED", to provide for new residential and commercial collection service rates for fiscal year 2017. Recommendation: Sponsors:Finance Department Page 12 City of Delray Beach Printed on 9/1/2016 September 8, 2016City Commission Regular Commission Meeting Ordinance No. 25-16 Ordinance No. 25-16 with Strikethrough Waste Management Rate Agreement Letter FY2017 Assignment of Exclusive Franchise Agreement Attachments: 9. FIRST READINGS: ORDINANCE NO. 28-16 AMENDING SECTION 101.32 AND SECTION 99.05 OF THE CITY'S CODE OF ORDINANCES 9.A. Motion to Approve Ordinance No. 28-16 amending Sections 101.32 and 99.05 of the City's Code of Ordinances. Recommendation: Sponsors:City Attorney Department Ordinance No. 28-16 Special Events Code of Ordinance revisions FINALAttachments: 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 10.A. City Manager CITY MANAGER'S REPORT10.A. 1. Sponsors:City Manager Department City Manager's Report - 09082016 Commission Meeting Execution of Contract for Repairs to Old School Square (OSS) Buildings Lobbyist Request (Community Improvement) Attachments: 10.B. City Attorney 10.C. City Commission Page 13 City of Delray Beach Printed on 9/1/2016 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-714,Version:1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Director - Parks & Recreation THROUGH: Donald B. Cooper, City Manager DATE: August 23, 2016 RECOGNITION OF KYSHAWN BYRD AND COREY VARIANCE OF THE THE DELRAY BEACH BLAZING ELITE TRACK STARS FOR THEIR PARTICIPATION IN THE AAU JUNIOR OLYMPIC GAMES IN HOUSTON, TX Recommended Action: Recognition of Kyshawn Byrd and Corey Variance for their outstanding performance and representing the City of Delray Beach at the 2016 AAU Junior Olympics in Houston, Texas. Background: Kyshawn Byrd (8 years old) and Corey Variance (10 years old), members of the Delray Beach Blazing Elite Track Stars Club based out of Pompey Park, both earned a berth to the AAU Junior Olympics in Houston, Texas (July 27 - Aug 6) by their outstanding performance in their respective events. Byrd competes in the 100 meters and long jump, while Variance competes in the 80 meter hurdles and long jump. Coached by Sabrina Shuman, the Delray Beach Blazing Elite Track Club serves approximately 50 athlete ranging in age from 5 to 17. This is the second year that the Blazing Elite have sent athletes to the AAU Junior Olympics. Kyshawn Byrd finished 48th out of 104 participants in the 100 meters. He also placed 11th in the long jump out of 92 participants. Corey Variance finished 16th in the 80 meter hurdles out of 49 participants and 6th in the long jump out of 92 participants. Delray Beach Parks & Recreation is extremely proud of our young track stars and how they represented Delray Beach on a national platform! Timing of Request: This is time sensitive as they athletes return from the Junior Olympics in early August. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-873,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 APPROVAL OF MINUTES Recommended Action: Motion to approve various sets of minutes as listed below: February 4, 2015 Special Meeting February 10, 2015 Workshop Meeting November 3, 2015 Special Meeting April 5, 2016 Regular Meeting City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-837,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Purchasing Department THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 PURCHASE AWARD TO MUSCO SPORTS LIGHTING, LLC. FOR CONTROL LINK SYSTEMS AT VARIOUS CITY PARKS Recommended Action: Motion to Award a purchase order to Musco Sports Lighting, LLC, utilizing Clay County Contract RFP No. 13-14-8, in an amount not to exceed $40,000.00 for control link systems at various City Parks. Background: The Parks and Recreation Department is requesting approval to award a purchase order for control link systems which operate park lighting to be automated and/or remotely managed. The three City parks included with this acquisition are Miller Park, Currie Commons Park, and Pine Grove Park. The Miller Park proposal includes two remote equipment controllers and five remote off/on auto switches at an amount of $19,200. The Currie Commons Park and Pine Grove Park proposals include one remote equipment controller and two remote off/on switches each at an amount of $9,200 per park. A contingency fund of $2,400 is requested for minor modifications to the project. To date, Musco Sports Lighting has not been awarded any purchases. With this approval, the increased Fiscal Year 2016 spending limit with Musco Sports Lighting, LLC. will be $40,000.00 This motion is in accordance with the City Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization of Other Governmental Entities’ Contracts". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 334-4151-572-64.90 Machinery/Equipment/Other Machinery/Equipment. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ Engineering Consultants - Assigned CIP Projects for FY 2015 - 2016 Calvin Giordano and Associates SA #Date Amount of SA NE 3rd St Streetscape 12-03.2 3/15/2016 25,421.03$ Osceola Neigh Imp FY 16 12-08 8/23/2016 176,966.05$ NW 12th Ave and NW 2nd Street 12-11 7/28/2016 98,622.77$ Total 301,009.85$ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-880,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer, Purchasing Department THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 AWARD OF AN AGREEMENT WITH ANDERSON & CARR, INC. FOR COMMERCIAL REAL ESTATE BROKER Recommended Action: Motion to Award an agreement with Anderson & Carr, Inc. for commercial real estate broker services in an amount not-to- exceed of $100,000. Background: On June 9, 2016, RFP No. 2016-109 was issued for a Commercial Real Estate Broker for the sale of surplus municipal properties. Services will include advertising the sale of City properties, respensenting the City during the real estate transactions, and handling other associated services.Three responsible and responsive proposals were received and evaluated based upon the criteria in the RFP. Anderson & Carr, Inc., was the highest ranked firm. The proposal from Higgenbotham Auctioneers International Limited, Inc. was deemed non-responsible as it did not meet the minimum qualification requirements and was not evaluated.The selection committee’s ranking is as follows: Rank Firm Score 1.Anderson & Carr,319 points 2.Redevelopment Management Assoc.306 points 3.Park View Reality 238 points Based upon the commission rate of 4% proposed for properties sold by Broker and the estimated sale value of the properties, it is expected that the commission fees to Anderson will not exceed $100,000. This motion is in accordance with the City Code of Ordinances, Chapter 36, Sections 36.02(A)(2), "Requests for Proposals", and 36.03(A), "City Commission Approval". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-880,Version:1 Funding Source: Funding will be provided from the proceeds of sales. Timing of Request: N/A City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ Pr o j e c t N a m e : Pr o j e c t N u m b e r : Da t e r e a d i n g s t a k e n : S 21 3 8 2 7 1 9 1 5 1 6 1 5 1 5 1 0 1 6 1 8 1 6 2 2 6 27 4 9 2 8 2 4 2 0 1 5 1 5 1 3 1 2 1 8 2 0 2 2 2 6 3 16 2 5 2 8 1 9 1 4 1 3 1 3 9 8 1 4 1 8 1 8 1 9 5 11 1 2 1 3 1 3 1 3 1 0 9 9 9 9 1 3 1 3 1 3 4 E 1 2 1 7 1 3 1 3 1 1 1 0 1 0 1 3 1 3 1 3 1 3 1 2 W 1 5 0 15 2 0 2 0 2 0 1 3 1 3 1 8 2 0 1 9 2 1 1 7 1 2 2 0 8 15 3 6 2 7 2 8 1 7 2 3 3 5 4 6 3 0 2 3 2 1 1 5 3 1 6 12 3 2 3 0 3 7 1 6 1 9 3 3 6 2 3 1 3 3 1 9 2 0 3 4 4 N 12 / 1 5 / 2 0 1 4 Hi l l t o p p e r S t a d i u m 16 9 1 0 6 Fo r m A E F 0 0 6 R e v # 0 R e l . D a t e : Filename:Light Level Readings 169106 N 1836 Av e r a g e M a x i m u m M i n i m u m M / M R a t i o C V S t a n d a r d D e v i a t i o n Fo o t b a l l 1 8 3 6 d i v i d e d b y 9 6 g r i d p o i n t s = 1 9 . 1 3 6 2 8 7 . 7 5 0 . 4 8 8 9 9 . 3 5 Li g h t m e t e r : G o s s e n P a n l u x E l e c t r o n i c 2 Mu s c o P e r s o n n e l : J a s o n F r u c h t Fo r m A E F 0 0 6 R e v # 0 R e l . D a t e : Filename:Light Level Readings 169106 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-822,Version:1 TO: Mayor and Commissioners FROM: Suzanne Fisher, Parks & Recreation Director THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 PURCHASE AWARD TO MUSCO SPORTS LIGHTING,LLC.FOR REPLACEMENT OF HILLTOPPER STADIUM LIGHTS Recommended Action: Motion to Approve Purchase of a replacement lighting system for Hilltopper Stadium to Musco Sports Lighting,LLC in the amount of $159,250.00 using Clay County Board of County Commissioners Contract RFP No.13/14-8. Background: On April 10,2009,the City Commission approved a twenty-year lease agreement with the School Board of Palm Beach County for a portion of the property located at 2501 Seacrest Boulevard,Delray Beach,FL,33444.The specific facility being leased is the football stadium complex (Hilltopper Stadium),including the press box,concession stand,and restroom buildings.The City committed to upgrading the facilities including but not limited to the lighting system,bleachers,bathroom and field renovations, irrigation and sod replacement. The existing lights are over twenty years old and do not illuminate the field any longer at the footcandle amount required by the various league and tournament governing bodies,thus creating the potential for a hazardous condition for football,soccer,and lacrosse league and tournament play that takes place at Hilltopper Stadium.The field is heavily used by the Rocks Football (their home), soccer,lacrosse,and tournaments such as the National Association Intercollegiate Athletics (NAIA) soccer tournament.2016 will be the third year for Delray Beach to host the NAIA Soccer Championships and will host the tournament for one more year (2017).Delray Beach Parks and Recreation is working collaboratively with the Palm Beach Sports Commission to bid on future tournaments with the NAIA and other collegiate governing bodies. Staff is recommending Musco Sports Lighting,LLC to replace existing lighting at Hilltopper Stadium with SportsCluster Green lighting system in the amount of $159,250.00.The SportsCluster Green system utilizes the existing poles and provides an energy efficient solution to retrofit the existing facilities with new,cost effective lighting solution.The new system will include:shipping,installation, warranty,luminaire assemblies (1500 watt hetal halide luminaire assemblies -guaranteed constant light level of 40 footcandles for 10 years),contactor cabinet,electrical engineering,and Control Link Control & Monitoring System. In order to meet the deadline for all athletic activities played at the stadium the Parks and Recreation City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-822,Version:1 In order to meet the deadline for all athletic activities played at the stadium the Parks and Recreation Department would like to proceed as soon as possible.Parks and Recreation has been working on this retrofit project since 2014,with its inclusion in the budget in FY15/16.Original 2014 estimate was $175,270.00 and by using the Clay County Contract, the City of Delray Beach is saving $16,020.00. The purchase recommendation is in accordance with City Code of Ordinances,Chapter 36,Section 36.03(c)(7), "Utilization of Other Governmental Entities Contracts". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available in the construction account #334-4151-571-64.90 Other Mach./Equipment in FY 15/16 budget. Timing of Request: This is a time sensitive matter. The date of NAIA tournament is November 28 - December 3, 2016 and the new lights would enable a safer playing environment. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ Sell To: 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 1-800-228-8368 941-756-7779 941-756-2598 CITY OF DELRAY BEACH ATTN: ACCOUNTS PAYABLE 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Customer ID: Ten-8 Contact Ship To: DELRAY BEACH FIRE DEPT 501 W. ATLANTIC AVE DELRAY BEACH, FL 33444 Sales Quote Number: Sales Quote Date: DELRAY ERIBBENS Page: Q156473 07/28/16 1 Ship Via: STANDARD DELIVERY Payment terms: NET 30 DAYS SALES QUOTETEN-8 FIRE EQUIPMENT INC.IN SERVICE TO SERVE YOU 141 MARITIME DRIVE SANFORD, FL 32771 407-328-5081 407-328-5083 IN FLA: FAX: PHONE: PHONE: FAX: or visit us at: www.ten8fire.com Item No. UnitDescription Quantity Unit Price Total Price SRT-TNT-ATT-6.5-COAX EACH 1 4,630.00 4,630.00ACCELERATOR POWER UNIT,6.5HP HONDA,COAX LIST PRICE 5479.00 SRT-TNT-S-100-32-COAX EACH 1 4,730.00 4,730.0032" SPREADER COAX COUPLERS LIST PRICE 5598.00 SRT-TNT-SLC-29-COAX EACH 1 4,006.00 4,006.007 3/8" C-STYLE CUTTER W/ECHO PUMP COAX LIST PRICE 4741.00 SRT-TNT-R-30-COAX EACH 1 1,648.00 1,648.0030 INCH RAM (COAX COUPLERS) LIST 1950.00 SRT-TNT-EXTH-30-COAX EACH 1 828.00 828.0030' TWIN CLIPPED LINE EXT. HOSE COAX CPLGS BLUE LIST 980.00 Transferred to page 2................................... 15,842.00 Sell To: 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 1-800-228-8368 941-756-7779 941-756-2598 CITY OF DELRAY BEACH ATTN: ACCOUNTS PAYABLE 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Customer ID: Ten-8 Contact Ship To: DELRAY BEACH FIRE DEPT 501 W. ATLANTIC AVE DELRAY BEACH, FL 33444 Sales Quote Number: Sales Quote Date: DELRAY ERIBBENS Page: Q156473 07/28/16 2 Ship Via: STANDARD DELIVERY Payment terms: NET 30 DAYS SALES QUOTETEN-8 FIRE EQUIPMENT INC.IN SERVICE TO SERVE YOU 141 MARITIME DRIVE SANFORD, FL 32771 407-328-5081 407-328-5083 IN FLA: FAX: PHONE: PHONE: FAX: or visit us at: www.ten8fire.com Item No. UnitDescription Quantity Unit Price Total Price Transferred from page 1.............................. 15,842.00 SRT-TNT-EXTH-30-COAX EACH 1 828.00 828.0030' TWIN CLIPPED LINE EXT. HOSE COAX CPLGS RED LIST 980.00 SRT-TNT-RKIT KIT 1RAM ACCESSORY KIT INCLUDES: SRT-TNT-529001 RAM SADDLE FOR THE 5"/10" EXTENSION SRT-TNT-529004 10" EXTENSION SRT-TNT-529007 CONICAL SPEAR HEAD FOR R-SERIES RAM SRT-TNT-529013 PUSH PLATE FOR R-SERIES RAM TOTAL LIST PRICE OF 19,728.00 LESS ADDITIONAL FACTORY DISCOUNT OF 3,057.84 Transferred to page 3................................... 16,670.00 Sell To: 2904 59TH AVENUE DRIVE EAST BRADENTON, FL 34203 1-800-228-8368 941-756-7779 941-756-2598 CITY OF DELRAY BEACH ATTN: ACCOUNTS PAYABLE 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Customer ID: Ten-8 Contact Ship To: DELRAY BEACH FIRE DEPT 501 W. ATLANTIC AVE DELRAY BEACH, FL 33444 Sales Quote Number: Sales Quote Date: DELRAY ERIBBENS Page: Q156473 07/28/16 3 Ship Via: STANDARD DELIVERY Payment terms: NET 30 DAYS SALES QUOTETEN-8 FIRE EQUIPMENT INC.IN SERVICE TO SERVE YOU 141 MARITIME DRIVE SANFORD, FL 32771 407-328-5081 407-328-5083 IN FLA: FAX: PHONE: PHONE: FAX: or visit us at: www.ten8fire.com Item No. UnitDescription Quantity Unit Price Total Price Transferred from page 2.............................. 16,670.00 INCLUDED FREIGHT CHARGES INCLUDED LAKE PRICED PER LAKE CO. CONTRACT LAKE2 #12-0806O EXPIRES 06/30/2017 0.00 16,670.00 16,670.00 0.00 0.00 16,670.00 Subtotal: Invoice Discount: Sales Tax: Total: Amount Subject to Sales Tax Amount Exempt from Sales Tax 08/27/16This Quote is valid until ERIBBENSQuote submitted by: City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-819,Version:1 TO: Mayor and Commissioners FROM:Theresa Webb, Chief Purchasing Officer, Purchasing Department THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 AWARD OF A PURCHASE ORDER TO TEN-8 FIRE EQUIPMENT,INC.FOR THE PURCHASE OF SIX (6) SETS OF TNT EXTRICATION EQUIPMENT. Recommended Action: Motion to Award a purchase order to Ten-8 Fire Equipment, Inc. for the purchase of six (6) sets of TNT Extrication Equipment for a not-to-exceed amount of $105,000.00. Background: Delray Beach Fire Rescue’s fire apparatus are equipped with a diverse collection of vital lifesaving equipment.Included in this equipment are the components of extrication tools and power sources. We’ve learned,as a fire service,that taking the time to perform extrication is the right thing to do. Stabilizing vehicles,removing glass,doors and roofs as well as displacement of dash allow much better access to the patients and minimizes the dangers of causing secondary injuries during their removal from the wreck.The number of eligible drivers is growing in South Florida which subsequently increases the number of vehicles on the road.As the fire service evolves with this trend we acknowledge that vehicle extrication has grown into one of our most important,life-saving operations.Delray Beach Fire Rescue suppression units are currently equipped with outdated extrication equipment and include a combination of multiple brands of equipment that make consistency,familiarity and reliability difficult to maintain.In an effort to standardize the vehicle extrication equipment on all six (6)front line suppression units Delray Beach Fire Rescue will purchase these sets off of the Lake County State Contract 12-0806O through Ten-8 Fire Equipment, Inc. The quote from Ten-8 Fire Equipment for this extrication equipment is $100,020.00.A contingency fund of $4,980.00 is requested to allow for minor modifications to this quote.With approval of the purchases of these six (6)extrication equipment,the increased spending limit with Ten-8 Fire Equipment for Fiscal Year 2016 will be $5,647,116.78. This Award is in accordance with the City Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts." City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-819,Version:1 Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 001-2315-526-64.90 Machinery/Equipment/Other Machinery/Equipment. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-905,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 Printed on 9/1/2016Page 1 of 1 powered by Legistar™ 1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR DELRAY BEACH RADIATION THERAPY 1.This waiver request came before the City Commission on September 8, 2016. 2.The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Delray Beach Radiation Therapy development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I.WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a)Shall not adversely affect the neighboring area; (b)Shall not significantly diminish the provision of public facilities; (c)Shall not create an unsafe situation; and, (d)Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A.Waiver to LDR Section 4.6.9(D)(4)(b) Pursuant to LDR Section 4.6.9(D)(4)(b), wheel stops or curbing is required for parking spaces based on positive findings with LDR Section 2.4.7(B)(5). 1. Should the waiver to Section 4.6.9(D)(4)(b), allowing the elimination of the required wheel stops or curbing in the area of the valet parking area and helipad? Yes ______No ______ 3.At its meeting of August 10, 2016, the Site Plan Review and Appearance Board considered this waiver request and voted 5 to 0 to recommend approval of the waiver, based upon positive findings. 2 4.The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 5.The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6.Based on the entire record before it, the City Commission approves _____ denies _____ this waiver request. 7.Based on the entire record before it, the City Commission hereby adopts this Order this 8th day of September 2016, by a vote of ____in favor and ____ opposed. ________________________________ ATTEST:Cary D. Glickstein, Mayor ________________________________ Chevelle Nubin, City Clerk Approved as to legal form And sufficiency: ________________________________ City Attorney Department Head: ________________________________ Timothy Stillings, Director of Planning & Zoning City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-860,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 CONSIDERATION OF A WAIVER REQUEST FOR DELRAY BEACH RADIATION THERAPY FROM LDR SECTION 4.6.9(D)(4)(B)REQUIRING WHEEL STOPS OR CURBING FOR PARKING SPACES (QUASI-JUDICIAL HEARING). Recommended Action: Motion to Approve the waiver to LDR Section 4.6.9(D)(4)(b),which requires wheel stops or curbing for parking spaces based on positive findings with LDR Section 2.4.7(B)(5). Background: At its meeting of August 10,2016,the Site Plan Review and Appearance Board (SPRAB)approved a site plan modification for a 38,520 square foot building addition the Delray Beach Radiation Therapy Center at the Delray Medical Center.The development proposal includes the co-location of a helipad and valet parking lot on the south side of the hospital.The SPRAB approved a waiver from the landscape requirement within in this area due to the conflicts that would result from the use of this area as a helipad.The SPRAB also recommended approval of a waiver to the wheel stop or curbing requirement in this area to the City Commission also due to the conflict that would arise due to helicopters landing in this area. Waiver Criteria: LDR REQUIRED FINDINGS -Pursuant to LDR Section 2.4.7(B)(5),prior to granting a waiver,the approving body shall make a finding that the granting of the waiver: (a)Shall not adversely affect the neighboring area; (b)Shall not significantly diminish the provision of public facilities; (c)Shall not create an unsafe situation; and, (d)Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver Analysis: Per LDR Section 4.6.9(D)(4)(b),wheel stops shall be provided for all parking,other than parallel,in the form of concrete or asphalt wheel stops or a continuous concrete curb which is located so that there is two feet (2')of clear distance from the front edge of the device to the front of the parking space.The applicant has requested a waiver from the requirement to provide these wheel stops in City of Delray Beach Printed on 9/1/2016Page 1 of 3 powered by Legistar™ File #:16-860,Version:1 space.The applicant has requested a waiver from the requirement to provide these wheel stops in the new parking area at the ground level helipad. The applicant has submitted the following verbatim excerpts narrative in support of the waivers: “…Delray Medical Center is a Level 1 Trauma Center and as such depends greatly on its ability to accept multiple emergency vehicles,both surface vehicles and air transport.As part of the new Bed Tower addition,the applicant is constructing a new ‘primary’helipad atop the Bed Tower that will have direct elevator access to the Emergency Department below;however,the applicant desires to retain the ability to utilize the existing surface helipad as a ‘secondary’helipad for those circumstances that would require multiple simultaneous transports into the facility.To accomplish this dual use of the helipad area,the applicant is proposing to utilize the secondary helipad area as a valet parking lot for their existing valet service.In doing so,it allows the hospital to control the use of the parking area for cases of emergency where more than one trauma patient needs transport,as well as provide for additional parking on the site. To accomplish this dual use of the area,the applicant is required to keep the helipad area free and clear of encumbrances that would otherwise restrict the use of the area by emergency air transport and staff.Therefore the applicant is unable to provide for the require wheelstops,terminal islands, and separation median.It should also be noted that the applicant,as part of the Class IV Site Plan Review application request,proposes to relocate all required plantings for this area throughout the site, and has noted so on the landscape plans…” “…Approval of these waiver requests to allow valet parking spaces on the secondary helipad area does not create an unsafe situation.By allowing valet to utilize the area,all vehicles in the lot will be under the supervised control of the Delray Medical Center and its staff.The hospital’s facilitators believe there is ample time for the valet parked vehicles to be removed in the case of a condition that would require the secondary helipad be cleared to accept incoming trauma patients.The lot will be clearly marked and patrolled by campus security to ensure its use for valet only…” “…Approval of these waiver requests does not result in the granting of a special privilege to the applicant and the same would be granted under similar circumstances for another applicant based upon adequate justification and similar facility use.These requests are unique to Delray Medical Center as they relate to the dual use of the existing surface helipad location,which will become a secondary helipad location with the completion of the Bed Tower expansion and construction of the new elevated helipad…” The proposed waiver of the wheel stops will not will not have a detrimental impact on the neighboring area since the area in question is located on the south side of the hospital (away from a public right- of-way)and away from the residential neighborhood to the south.The waiver does not diminish the provision of public facilities.Approval of the waiver will maintain the use of the ground level helipad for overflow emergency services.The waiver will not create an unsafe situation since the subject parking spaces will be valet parked.Since this area will be controlled by a valet service,the vehicles can be readily removed for use as a helipad.As noted in the applicant’s justification,the dual purpose of the area for a helipad and valet parking area is a unique situation only to the hospital.If the same circumstances occurred elsewhere,the waiver would be supportable.Allowing the waiver will maintain a vital public service to the City of Delray Beach and the region.If the waiver were denied,the result would be the loss of the helipad which is an important asset for emergency medical services.Based on the above positive findings can be made with respect to LDR Section 2.4.7(B)(5),City of Delray Beach Printed on 9/1/2016Page 2 of 3 powered by Legistar™ File #:16-860,Version:1 services.Based on the above positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 9/1/2016Page 3 of 3 powered by Legistar™ Planning, Zoning and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Delray Beach Radiation Therapy Center Project Location: 5270 Linton Boulevard (Delray Beach Medical Center) Request: Class IV site plan modification associated with the construction of a 38,520 square foot building on the east side of the existing hospital. Board: Site Plan Review and Appearance Board Meeting Date: August 10, 2016 Board Action: Site Plan: Approved the Class IV site plan modification for Delray Beach Radiation Therapy Center by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations on a 5 to 0 vote (Dawson, Youngross absent), subject to the following condition: 1. Satisfy all Site Plan Technical Items (page 4 and 5) and submit revised plans prior to site plan certification. Landscape Plan: Approved the landscape plan for the Delray Beach Radiation Therapy Center by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.16 of the Land Development Regulations on a 5 to 0 vote (Dawson, Youngross absent), subject to the following condition: 1. That a certified arborist report be submitted regarding the viability of relocating the native trees to other areas of the property and replace the proposed oak trees in the area of the proposed building prior to site plan certification. The relocation of these trees shall be subject to the approval of staff. Elevations: Approved the architectural elevations for Delray Beach Radiation Therapy Center by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations on a 5 to 0 vote (Dawson, Youngross absent). Appealable Item Report 2 Project Description: The project consists of the construction of a 38,520 square foot two-story building addition on the north side of the existing hospital. The modification includes the elimination of the 40,000 square foot future nursing home on the south side of the hospital. The Board supported staff’s position on the requested waiver s and the development proposal. There were no dissenting Board members to the project. Public Comments: None. Associated Actions: Waivers: 1. Moved to recommend approval to the City Commission of the waiver to LDR Section 4.6.9(D)(4)(b), which requires wheel stops or curbing for parking spaces based on positive findings with LDR Section 2.4.7(B)(5) on a 5 to 0 vote (Dawson, Youngross absent). 2. Approved the waiver to LDR Sections 4.6.16(H)(3)(i), (j), and (k), which requires interior landscape areas for parking areas based on positive findings with LDR Section 2.4.7(B)(5) on a 5 to 0 vote (Dawson, Youngross absent). Next Action: The SPRAB action is final unless appealed by the City Commission . The waiver for the wheel stops will be considered by the City Commission at its meeting of September 8, 2016. Planning, Zoning & Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: SE 2nd Avenue Parking Lot Project Location: 215 & 219 SE 2nd Avenue Request: Extension Request for a Class V Site Plan, Landscape Plan and Associated Waivers Board: Site Plan Review and Appearance Board Meeting Date: August 10, 2016 Board Action: Approved the Extension Request for the Class V Site Plan (5-0, Shannon Dawson and Andrew Youngross, Absent); Approved the Extension Request for the Landscape Plan (5-0, Shannon Dawson and Andrew Youngross, Absent); Approved the Extension Request for the Terminal Landscape Island Waiver (5-0, Shannon Dawson and Andrew Youngross, Absent); Approved the Extension Request for the Stacking Distance Waiver (5-0, Shannon Dawson and Andrew Youngross, Absent); Approved the Extension Request for the Perimeter Landscape Strip Waiver (5- 0, Shannon Dawson and Andrew Youngross, Absent). Project Description: The property consists of 5,718 sq. ft. (0.1313 acres) of vacant land. It is owned by the Community Redevelopment Agency (CRA) of Delray Beach. The parcel is located within the CBD -RC (Central Business District – Railroad Corridor) and has a CC (Commercial Core) Future Land Use Map designation. On August 13, 2014, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan, Landscape Plan, Landscape Island Width Waiver , Stacking Waiver and Perimeter Landscape Buffer Width Waiver to allow construction of a fourteen space public parking lot with associated infrastructure, lighting and landscaping enhancements. The CRA has requested a 24-month extension for the Class III Site Plan modification to allow an expiration date of August 13, 2018. Otherwise, the plans and all associated waivers would expire on August 13, 2016. Staff explained that the SE 2nd Avenue Parking lot did not need to demonstrate compliance with the new CBD Zoning District streetscape standards, as this standard is only applicable to actual building construction. Staff also explained that the site plan had been certifi ed and all prior SPRAB conditions of approval had been met. Board comments: The Board supported staff’s findings and approved the 24-month extension request for the Class V Site Plan, Landscape Plan, Landscape Island Width Waiver, Stacking Waiver and Perimeter Landscape Buffer Width Waiver, with no conditions. Public input – noting comments and concerns: No members of the public spoke in opposition to or in support of the development proposal. Appealable Item Report 2 Associated Actions: None. Next Action: None. Planning, Zoning, and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: 219 SE 7th Avenue, Marina Historic District Project Location: 219 SE 7th Avenue, Marina Historic District Request: Certificate of Appropriateness (COA) for a roof material change to standing seam metal in a Terra Cotta finish on the contributing structure and guest cottage. Board: Historic Preservation Board Meeting Date: August 3, 2016 Board Action: Approve the COA (2016-211) with a condition on a 5 to 0 vote (Bill Bathurst and Andrea Harden absent). Project Description: The subject property is located on the East side of SE 7th Avenue between SE 2nd Street and SE 3rd Street, adjacent to the Intracoastal Waterway. The property is zoned R-1-AA (Single-Family Residential) and classified as contributing to the Marina Historic District, both on the Local and National Register of Historic Places. The subject request is for a roof material change to standing seam metal in a Terra Cotta finish on the contributing structure and guest cottage. Board comments: The Board was concerned with the appropriateness of the proposed material and color. The Board approved the request subject to the Staff recommended condition that the roof type and finish is a type of tile, as opposed to the proposed standing seam metal. Public Comments: No members of the public spoke for or against the project. Associated Actions: All required actions were taken. Next Action: HPB action is final unless appealed by the City Commission. HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 3, 2016 ITEM: 219 SE 7th Avenue, Marina Historic District (2016-211) – Consideration of a roof material change on a contributing structure. RECOMMENDATION: Approve with condition. GENERAL DATA: Owner/Applicant..................... James and Lisa Hellmuth Agent..................................... GE Architecture, Inc. Location................................. East side of SE 7th Avenue between SE 2nd Street and SE 3rd Street Zoning District........................ R-1-AA (Single-Family Residential) ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) for a roof material change on the contributing structure and guest cottage, located at 219 SE 7th Avenue, Marina Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property is located on the east side of SE 7th Avenue between SE 2nd Street and SE 3rd Street, adjacent to the Intracoastal Waterway. The property is classified as contributing to the Marina Historic District, both on the Local and National Register of Historic Places. The Florida Master Site File form explains that “this residence represents the architecture of the 1930s and illustrates the development history of the area.” A previous property owner was Mr. Ian Laver, a local tennis player who started Laver`s International Tennis Resort in Delray Beach. At its meeting of April 1, 2015, the Board approved a COA request for the on-site relocation of the circa 1935 two-story, Monterey style building, including the one-story 1936 addition, and one-story 1949 addition. The relocation reoriented the structure from its centrally located position within the lot and facing north, to the front of the property and facing west, adjacent to SE 7th Avenue. The guest cottage (non-contributing) was also approved for relocation from the rear to the center of the property. The COA included one and two-story additions to the rear of the historic structure consisting of approximately 5,140 square feet under air plus covered porches and associated site improvements with the overall redevelopment of the property. The proposed roof material and color for the contributing structure and guest cottage at the time of application was a Sandstone finish standing seam metal roof to replace the barrel tile roof. Staff recommended that either a dimensional asphalt shingle or decorative metal tile be utilized. At the meeting, the applicant agreed to the decorative metal tile roof. The subject request is for a roof material change to standing seam metal in a Terra Cotta finish. Roof replacement is typically approved administratively when the same material is proposed, and, when deemed appropriate by Staff, when a new material is proposed. However, due to the nature of the proposal, Staff is deferring the decision to the Board, via recommendation. ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation. The subject request has been reviewed accordingly. Pursuant to LDR Section 4.5.1(E), Development Standards, all new development or exterior improvements on individually designated historic properties and/or properties located within historic districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan, the Delray Beach Historic Preservation Design Guidelines, the Secretary of the Interior’s Standards for Rehabilitation, and the Development Standards of this Section. Relief from Subsections (1) through (9) below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless otherwise stated. 219 SE 7th Avenue; COA 2016-211 HPB Meeting of August 3, 2016 Page 2 of 3 The applicable Development Standards are specified below and analyzed accordingly. Pursuant to LDR Section 4.5.1(E)(4), Alterations, in considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. The design and details of the original structure have been considered for the roof material change, as indicated further in this report. Pursuant to LDR Section 4.5.1(E)(5), Standards and Guidelines, a historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. The applicable Standards are noted below: • The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard 2) The original Building Cards for the subject structure indicate that a tile roof material, likely a concrete tile as a “c” is indicated. In consideration of the original type of roof finish on the historic structure, the proposed standing seam metal roof is not appropriate as it will alter the historic character. A tile, flat or barrel, is the most aesthetically appropriate roof finish. Pursuant to LDR Section 4.5.1(E)(8), Visual Compatibility Standards, new construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. The proposal to install a standing seam metal roof on the contributing structure is neither appropriate for nor compatible with the subject Monterey style structure, as the texture is significantly different than that of a tile. The installation of an appropriate roof type, as previously indicated, will not alter the historic character. The guest cottage, while it is non-contributing, is of a similar style with similar finishes and should maintain consistency with the contributing structure. 219 SE 7th Avenue; COA 2016-211 HPB Meeting of August 3, 2016 Page 3 of 3 Based on the above, positive findings cannot be made for the proposed roof type with respect to the LDR Section 4.5.1(E)(8), Visual Compatibility Standards. However, a material change could be supported if appropriately proposed, in a type indicated above. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2016-211) for 219 SE 7th Avenue, Marina Historic District, based on positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation subject to conditions. C. Deny the Certificate of Appropriateness (2016-211) for 219 SE 7th Avenue, Marina Historic District, based upon a failure to make positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation. RECOMMENDATION Approve the Certificate of Appropriateness (2016-211) for a roof replacement on the structure located at 219 SE 7th Avenue, Marina Historic District, based on positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation, subject to the condition that the roof type and finish be a tile, as opposed to standing seam metal. Report Prepared by: Amy E. Alvarez, AICP, Senior Planner 219 SE 7th Avenue, Marina Historic District 219 SE 7th Avenue, Marina Historic District 219 SE 7th Avenue, Marina Historic District Planning, Zoning, and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: 415 North Swinton Avenue, Del Ida Park Historic District Project Location: 415 North Swinton Avenue, Del Ida Park Historic District Request: Certification of Appropriateness (COA) for additions and alterations to a contributing structure Board: Historic Preservation Board Meeting Date: August 3, 2016 Board Action: Approved, with conditions on a 5 to 0 vote (Bill Bathurst and Andrea Harden absent). Project Description: The subject property is located on the southeast corner of NE 5th Street and North Swinton Avenue, within the Del-Ida Park Historic District. The circa 1925, 1,660 square foot Mission style, single-family residence exists and is classified as contributing. The COA is for the addition of a front porch on the west (front) elevation, a new chimney on the side street (north) elevation, and a small bay window on the north elevation with a barrel title roof. Board comments: The Board comments were supportive, and they approved the request with the added condition that the light fixtures be added to the front, with specifications submitted to Staff. Public Comments: No members of the public spoke for or against the project. Associated Actions: All required actions were taken. Next Action: HPB action is final unless appealed by the City Commission. HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 3, 2016 ITEM: 415 North Swinton Avenue, Del-Ida Park Historic District (2016-191) – Consideration of additions and alterations to a contributing structure. RECOMMENDATION: Approve with conditions. GENERAL DATA: Owner/Applicant..................... Kurt Steinhardt Location................................. Southeast corner of NE 5th Street and North Swinton Avenue Property Size.......................... 0.17 acres Zoning District........................ R-1-AA (Single-Family Residential) ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) associated with alterations and additions to the contributing structure located at 415 North Swinton Avenue, Del- Ida Park Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property is located on the southeast corner of NE 5th Street and North Swinton Avenue, and consists of Lot 1, Block 6, Del-Ida Park. A circa 1925, 1,660 square foot Mission style, single-family residence exists on the property and is zoned R-1-AA (Single Family Residential). Located within the Del-Ida Park Historic District, the property is classified as contributing. In 2011, a COA for the installation of new windows was administratively approved for the subject property. At its meeting of February 15, 2012, the Board approved a COA (2012-039) for the addition of a front porch on the west (front) elevation and a new chimney on the side street (north) elevation. The improvements were described as follows: The proposed front porch, which is inset 1’4” from each side of the front wall, measures 11’ deep, and spans 21’9” across the front elevation. The porch height (12’) is lower than the original building and the proposed parapet (9”) mirrors that of the original building. Two arched opening are located on each side of the porch, and a set of two arched openings flank the entryway. All arched openings are located above a 3’ high knee wall and measure approximately 6’ in height. The arched entry contains an arched wood door with beveled panels and is accented by a decorative tiled border. Three steps provide access to the porch. The proposed chimney will be located on the side street (north) elevation, facing NE 5th Street, centered between two pairs of existing windows. Both the porch and chimney will be finished in stucco. While a building permit was submitted for the approved improvements, the approval expired prior to issuance of the building permit. The subject proposal is similar to the previously approved COA with respect to the front porch addition and new fireplace and chimney. New to the proposal is a small bay window addition on the north elevation with a barrel tile roof. The windows are 2/1 on the smaller angled walls, and 4/1 on the central wall. The windows will be impact rated aluminum, and contain dimensional muntins. The noted stucco pattern is to match the existing historic structure. The COA is now before the Board for consideration. ANALYSIS OF PROPOSAL Pursuant to LDR Section 2.4.6(H)(5), prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation. 415 North Swinton Avenue; COA 2016-191 HPB Meeting of August 3, 2016 Page 2 of 4 Zoning and Use Review Pursuant to LDR Section 4.3.4(K), Development Standards, properties located within the R-1-AA zoning district shall be developed according to the requirements noted in the chart below. As illustrated, the proposed additions are in compliance with the applicable requirements. Required Existing Proposed Front Setback (West) 30’ 39’7” 30’1” Side Interior Setback (South) 15’ 11’6” 15’3” As illustrated in the chart above, the proposed additions meet the required front and side street setbacks. Historic Preservation District and Sites Pursuant to LDR Section 4.5.1(E), Development Standards, all new development or exterior improvements on individually designated historic properties and/or properties located within historic districts shall, comply with the goals, objectives, and policies of the Comprehensive Plan, the Delray Beach Historic Preservation Design Guidelines, the Secretary of the Interior’s Standards for Rehabilitation, and the Development Standards of this Section. Relief from Subsections (1) through (9) below may be granted by seeking a waiver approvable by the Historic Preservation Board, unless otherwise stated. Pursuant to LDR Section 4.5.1(E)(2)(b)(3), Major Development, the subject application is considered “Major Development” as it is “the construction, reconstruction, or alteration of any part of the front façade of an existing contributing residential or non-residential structure and all appurtenances.” The subject Sections also note that “all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008.” The proposed improvements are therefore considered “Major Development” in accordance with the LDR noted above. Pursuant to LDR Section 4.5.1(E)(4), Alterations, in considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. Pursuant to LDR Section 4.5.1(E)(5), Standards and Guidelines, a historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. The applicable Standards are noted below: A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.-Standard 1 The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.- Standard 2 415 North Swinton Avenue; COA 2016-191 HPB Meeting of August 3, 2016 Page 3 of 4 New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.-Standard 9 New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.-Standard 10 In consideration of the applicable Standards noted above, the proposal appears to have taken them into consideration and meets their intent. While it is discouraged to add onto the front of a historic building, the design of the proposed porch does not detract from the modest historic structure. Further, details such as the porch inset on each side, introduction of arched openings, and a differing stucco pattern, recommended by Staff, differentiate the new addition from the original and will not compromise the historic integrity. The chimney is also appropriately designed and placed in a manner which, if removed, would not impair the historic integrity of the structure. The bay window, however, should be revised to be a squared off addition, as bay windows are not typically found on Mission style structures. The barrel tile is a newly introduced element, but is not inappropriate. Based on the above, positive findings can be made with respect to compliance with the subject Section, subject to the recommended revisions. . Pursuant to LDR Section 4.5.1(E)(8), Visual Compatibility Standards, New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. In consideration of the Visual Compatibility Standards, the proposed additions are generally appropriate and compatible while adding additional interest with slight detailing to an otherwise very simplistic structure. However, as previously noted, the bay window should be revised to a side addition, with a slight revision to the angled wall planes. The front door specification needs to be provided which matches the elevation; the window specifications should also be provided to ensure appropriate windows with dimensional muntins and no mirrored or tinted glass finishes. Positive findings can be made subject to specification of a front entry door, window specifications, indication of a differing stucco pattern on the additions, utilization of a true barrel tile, and submittal of the tile design. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2016-191) for 415 North Swinton Avenue, Del-Ida Park Historic District, based on positive findings with respect to the Land Development Regulations Section 2.4.6(H)(5). 415 North Swinton Avenue; COA 2016-191 HPB Meeting of August 3, 2016 Page 4 of 4 C. Deny the Certificate of Appropriateness (2016-191) for 415 North Swinton Avenue, Del-Ida Park Historic District, based upon a failure to make positive findings with respect to the Land Development Regulations Section 2.4.6(H)(5). RECOMMENDATION Approve the Certificate of Appropriateness (2016-191) for 415 North Swinton Avenue, Del-Ida Park Historic District, based upon positive findings with respect to the Land Development Regulations Section 2.4.6(H)(5), subject to the following direction: 1. That true barrel tiles be utilized, as opposed to “S” tiles; 2. That the stucco pattern for the porch, chimney, and bay window differ from that of the existing stucco pattern; 3. That the bay window be revised to a squared off side addition; 4. That window specifications be submitted which illustrate dimensional muntins, and indicate that no mirrored or tinted glass will be utilized; 5. That the tile design around the entry be submitted; and, 6. That a specification for the new entry door be submitted. Report Prepared By: Amy E. Alvarez, AICP, Senior Planner 415 North Swinton Avenue, Del-Ida Park Historic District 415 North Swinton Avenue, Del-Ida Park Historic District 415 North Swinton Avenue, Del-Ida Park Historic District 415 North Swinton Avenue, Del-Ida Park Historic District 415 North Swinton Avenue, Del-Ida Park Historic District 415 North Swinton Avenue, Del-Ida Park Historic District Planning, Zoning & Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Congress Warehouse Project Location: 355 North Congress Avenue Request: Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Board: Site Plan Review and Appearance Board Meeting Date: August 10, 2016 Board Action: Approved the Class V Site Plan (5-0, Shannon Dawson and Andrew Youngross, Absent); Approved the Landscape Plan (5-0, Shannon Dawson and Andrew Youngross, Absent); Approved the Architectural Elevations (5-0, Shannon Dawson and Andrew Youngross, Absent); Approved the Waiver (5-0, Shannon Dawson and Andrew Youngross, Absent). Project Description: The proposal involves a 78,265 sq. ft. (1.79 acre) vacant site. The legal description of the subject property is the Park Of Commerce Replat Parcel B. The Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver were associated with construction of two one-story industrial buildings containing, warehouse, storage, attendant off ices, accessory retail sales, on-site parking and landscaping within the MIC (Mixed Industrial and Commercial) zoning district located at 355 North Congress Avenue. The requested waiver was to LDR 4.6.16(H)(3)(d) that required buffering to be inclusive of a two foot hedge and shade trees spaced no farther than thirty feet on center along the north parcel perimeter, due to LWDD restrictions. Staff raised concerns regarding the aesthetics of the architectural elevations facing the north and south interior sides and the rear of the property. Staff suggested that decorative banding or colors incorporated into the front elevation also be included on the other sides. Staff also noted that the floor plan details were inconsistent regarding the number of propose d bays (i.e. 3 vs. 5) throughout the plan set. Staff asked that the plans be corrected prior to site plan certification as a condition of approval. Finally, staff required that a cross access agreement be established with the property to the south. Otherwise, the proposed connection must be removed. Staff had no concerns regarding the perimeter landscaping waiver requests due to LWDD restrictions and recommended approval. Board comments: The Board supported staffs concerns and required that all items be addressed as conditions of approval, subject to staff’s satisfaction prior to site plan certification. The Board also supported staff’s position regarding the waiver request. The Board retained staff’s recommended conditions for the Site Plan and Arch itectural Elevations, with no modifications. There were no conditions posed by staff or the Board for the Landscape Plan. The Board also approved the waiver request. Appealable Item Report 2 Public input – noting comments and concerns: No members of the public spoke in opposit ion to or in support of the development proposal. Associated Actions: None. Next Action: None. C A B D E E F G H I J I - 9 5 S M i l i t a r y T r l Lak e Id a Rd W Lin to n Blvd W Atlant ic Ave S C o n g r e s s A v e B a r w i c k R d S W 4 t h A v e Lowso n B lvd S D i x i e H w y N S w i n t o n A v e N E 2 n d A v e S F e d e r a l H w y SW 1 0th S t S W 8 t h A v e H o m e w o o d B l v d N C o n g r e s s A v e N E 5 t h A v e SW 2 nd St NW 2nd St S S w i n t o n A v e L i n d e l l B l v d O l d D i x i e H w y N O c e a n B l v d Old Germantown Rd S W 1 0 t h A v e E Linton Bl vd N W 8 t h A v e N W 4 t h A v e S O c e a n B l v d I -9 5 I - 9 5 I - 9 5 I -9 5 I -9 5 S W 8 t h A v e I -9 5 I -9 5 N W 4 t h A v e PLANN ING, ZON ING&BUILD ING DEPAR TM ENT CITY COMMISSIO N MEETING APPEA LAB LE ITE MSSEPTEMBER 8, 2016 Docu ment Pat h: S:\Planning & Zoning\DBMS\G IS\Pro ject Maps\City Co mmissio n Ma ps\C ity C ommission Map 9-8-16B.mx dDate: 8/22 /2016 HPB:A. 415 NORTH SWINTON AVENUEB. 219 SE 7TH AVENUE SPRAB:C. CASPIAN/ UPTOWN DELR AYD. SE 2N D AVENUE PAR KING LOTE. FOREVER 21 (PLAZA AT DELRAY)F. 215 NE 5TH AVENUE G. ADAM'S & KHA LIL'S RESIDENCEH. DELRAY BEACH RADIATION THERAPHY CENTERI. CONGRESS WAREHOU SEJ. 4591 AND 4561 WEST ATLANTIC AVENUE F City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-861,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Department THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 REPORT OF APPEALABLE LAND USE ITEMS AUGUST 1, 2016 THROUGH AUGUST 19, 2016 Recommended Action: Motion to receive and file this report. Background: Section 2.4.7(E),Appeals,of the Land Development Regulations applies.This is the method of informing the City Commission of the land use actions which may be appealed to the City Commission.After this meeting,the Commission’s appeal opportunity shall expire.An appeal by an aggrieved party must be made within 10 working days of the action. To appeal: ·The item must be raised by a Commission member. ·By motion,an affirmative action must be taken to place the item on the next available meeting of the Commission as an appealed item. During the specified period,Historic Preservation Board,Site Plan Review and Appearance Board and Planning and Zoning Board considered the projects noted below.For each item,a project report including the Board Staff Report is attached.No other Boards took action on any appealable applications during this period. HISTORIC PRESERVATION BOARD ITEM A.415 NORTH SWINTON AVENUE Request:Certification of Appropriateness (COA)for additions and alterations to a contributing structure. Board Action:Approved the COA on a 6 to 0 vote (Bill Bathurst absent) with conditions. ITEM B.219 SE 7TH AVENUE Request:Certificate of Appropriateness (COA)for a roof material change to standing seam metal in a Terra Cotta finish on the contributing structure and guest cottage. Board Action:Approved the COA on a 6 to 0 vote (Bill Bathurst absent) with conditions. City of Delray Beach Printed on 9/1/2016Page 1 of 3 powered by Legistar™ File #:16-861,Version:1 SITE PLAN REVIEW AND APPEARANCE BOARD ITEM C.CASPIAN/UPTOWN DELRAY, 190 SE 5TH Avenue Request:Establishment of a Master Sign Program including five-wall signs,one-directional sign and one-monument sign. Board Action:Approved the Master Sign Program on a 5 to 0 vote (Andrew Youngross and Shannon Dawson absent). ITEM D.SE 2ND AVENUE PARKING LOT, 215 and 219 SE 2nd Avenue Request:Class V Site Plan and Landscape Plan extension request and associated waivers for the construction of a 14-space public parking lot. Board Action:Approved the Class V Site Plan and Landscape Plan extension request with associated waivers on a 5 to 0 vote (Andrew Youngross and Shannon Dawson absent). ITEM E.Forever 21 (Plaza at Delray) 1600 South Federal Highway Request:Class I Site Plan Modification and Architectural Elevation Plan for minor elevation changes. Board Action:Approved the Class I Site Plan Modification and Architectural Elevation Plan on a 5 to 0 vote (Andrew Youngross and Shannon Dawson absent). ITEM F.215 NE 5th Avenue Request:Class I Site Plan Modification and Architectural Elevation Plan for elevation changes. Board Action:Approved the Class I Site Plan Modification and Architectural Elevation Plan on a 5 to 0 vote (Andrew Youngross and Shannon Dawson absent) with conditions. ITEM G.Adam’s & Khalil’s Residence 797 Andrews Avenue Request:Class III Site Plan Modification,Landscape Plan and Architectural Elevation Plan for the construction of a garage addition,first and second floor expansion to an existing residence that is part of a four unit residential complex. Board Action:Approved the Class III Site Plan Modification,Landscape Plan and Architectural Elevation Plan on a 5 to 0 vote (Andrew Youngross and Shannon Dawson absent)with conditions. ITEM H.Delray Beach Radiation Therapy Center, 5270 Linton Boulevard Request:Class IV Site Plan Modification,Landscape Plan,Architectural Elevation Plan and associated waivers for the construction of a 38,520 sq.ft.building addition to the existing hospital. Board Action:Approved the Class IV Site Plan Modification,Landscape Plan,Architectural Elevation Plan and associated waivers on a 5 to 0 vote (Andrew Youngross and Shannon Dawson absent) with conditions. ITEM I.CONGRESS WAREHOUSE, 355 North Congress Avenue Request:Class V Site Plan,Landscape Plan,Architectural Elevation Plan and associated waiver for the construction of two one-story industrial buildings. Board Action:Approved the Class V Site Plan,Landscape Plan,Architectural Elevation Plan and associated waiver on a 5 to 0 vote (Andrew Youngross and Shannon Dawson absent) with conditions. City of Delray Beach Printed on 9/1/2016Page 2 of 3 powered by Legistar™ File #:16-861,Version:1 Note:The action by SPRAB for 3185 South Congress Avenue-Class V Site Plan,Landscape Plan and Architectural Elevation Plan request was included in the August 23,2016 City Commission Appealable Report. PLANNING AND ZONING BOARD ITEM J.4591 AND 4561 WEST ATLANTIC AVENUE Request:City initiation of a Future Land Use Map (FLUM)amendment from TRN (Transitional) to GC (General Commercial)and Rezoning from NC (Neighborhood Commercial)to GC (General Commercial)for two parcels of land located at 4591 and 4561 West Atlantic Avenue. Board Action:Approved the request for City initiation of the FLUM amendment and rezoning on 7 to 0 vote for 4591 and 4561 West Atlantic Avenue. Attachments: ·Location Map ·415 North Swinton Avenue ·219 SE 7th Avenue ·Caspian/Uptown Delray ·SE 2nd Avenue Parking Lot ·Forever 21 ·215 NE 5th Avenue ·Adam’s & Khalil’s Residence ·Delray Beach Radiation Therapy Center ·Congress Warehouse ·4591 and 4561 West Atlantic Avenue City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: Action must be taken by the City Commission at the next available meeting following the Board’s actions. City of Delray Beach Printed on 9/1/2016Page 3 of 3 powered by Legistar™ COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER SW 7th AVENUE TOWN OF DELRAY S 1/2 (LESS N 100 FT OF S 204.88 FT OF E 135 FT, S 104.88 FT OF E 100 FT, S 100 FT OF W 181 FT,N 50 FT O PCN 12 43 46 16 01 016 0010 CASE NO. NA 15-76983 (Cust No. 7809) WILLIAM & CAROLYN YOUNG 15112 TALL OAK AVE DELRAY BEACH, FL 33446 183.50$ Invoice No. 40737 55.00$ Admin Fee 25.00$ Admin Fee 263.50$ 18 & 18.5 SE 1st STREET SUNDY & CROMER AMND PL LT 24 & lt 25 (LESS E 6 FT SE 1ST AVE R/W) BLK 70 K/A (OLD SCHOOL SQUARE HISTORIC DISTRICT) PCN 12 43 46 16 B4 070 0240 CASE NO. NA 16-77425 (Cust No. 13967) MGM SUNDY HOUSE, LLC 310 SE 1st STREET STE #2 DELRAY BEACH, FL 33483 193.50$ Invoice No. 40738 55.00$ Admin Fee 25.00$ Admin Fee 273.50$ SE 4th AVENUE LINNS ADD TO OSCEOLA PARK LT 14 BLK 95 PCN 12 43 46 16 04 095 0140 CASE NO. NA 15-76685 (Cust No. 14109) CDX PROPERTIES 777 EAST ATLANTIC AVENUE DELRAY BEACH, FL 33483 96.50$ Invoice No. 40739 55.00$ Admin Fee 25.00$ Admin Fee 176.50$ 4 SW 8th COURT BELLVIEW MANOR LT 10 BLK 3 PCN 12 43 46 20 02 003 0100 CASE NO. NA 15-70446 (Cust No. 14070) JASON FENSTER 4 SE 8TH CT DELRAY BEACH, FL 33444-2316 125.00$ Invoice No. 40842 55.00$ Admin Fee 25.00$ Admin Fee 205.00$ 102 SW 8TH AVE LINCOLN PARK IN DELRAY LT 37 PCN 12 43 46 17 38 000 0370 CASE NO. NA 16-80165 (Cust No. 14102) BATTLES WILLIE 108 SW 8TH AVE DELRAY BEACH, FL 33444 140.00$ Invoice No. 40839 55.00$ Admin Fee 25.00$ Admin Fee 220.00$ ASSESSMENT VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE 1 Res No. 29-16 RESOLUTION NO. 29-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, 2 Res No. 29-16 WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the _September 8, 2016,has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. 3 Res No. 29-16 Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this ______day of ____ ____________, 2016. ________________________________________ M A Y O R ATTEST: ____________________________________ City Clerk City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-869,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE : September 8, 2016 RESOLUTION NO 29-16 NUSIANCE ABATEMENT OF FIVE (5) PROPERTIES THROUGHOUT THE CITY Recommended Action: Motion to Adopt Resolution No. 29-16 assessing costs for abatement action required to remove nuisances on five (5) properties throughout the City. Background: The resolution sets forth the actual cost incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. City Attorney Review: Approved as to form and legal suffciency. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-890,Version:1 TO: Mayor and Commissioners FROM: Francine Ramaglia, Assistant City Manager THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 RESOLUTION NO. 43-16 ADOPTING THE SPECIAL EVENTS FEE SCHEDULE Recommended Action: Motion to approve Resolution No. 43-16 adopting the Special Events Fee Schedule. Background: The Special Events Task Force requests the City Commission adopt the Special Events Fee Schedule as presented to the City Commission for discussion on August 23,2016.The proposed Fee Schedule increases the fess that the City presently charges for special events.As a result,the City intends to phase in the the proposed Fee Schedule over a three-year period,in accordance with a schedule set by the City Manager. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance has been part of developing the process and creating the proposed fees & charges. They have reviewed and support the phased in approach to adopting the Special Events Fee Schedule Funding Source: There are recurring costs associated with this request and related to the transfer of existing resources to create the Special Events Office in the City Manager’s Office. Timing of Request: The new Special Events Policy is to be effective for events held on or after October 1, 2016. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ 1 Special Events Guidebook 2016 City of Delray Beach Special Events Guidebook 2016 Publish Date: August 26, 2016 2 Special Events Guidebook 2016 The Special Events Guidebook is provided as an additional tool and resource for event producers as they seek to permit and produce safe and successful events in Delray Beach. The Guidebook seeks to interpret the Special Events Policy (see Appendix I – pg. 27), and where there may be conflict, the Policy will prevail. 3 Special Events Guidebook 2016 Welcome Delray Beach is a first-class destination and a diverse, vibrant community situated on the Atlantic Ocean in Palm Beach County, South Florida. A dynamic city with “small town” charm, Delray Beach is 30-45 minutes from West Palm Beach and only an hour north of Miami. A two- time winner of the coveted All-America City award (1993 and 2001), Delray Beach proudly celebrates its art, culture, history and sense of community through a variety of festivals and special events. We’re proud to have been recognized as Most Fun Small Town in the USA by Rand McNally, USA Today and the Travel Channel and most recently as one of America’s Happiest Seaside Towns by Coastal Living Magazine. Special events, festivals and outdoor programs and celebrations are a long and treasured tradition in Delray Beach, Florida. So if you’re thinking of planning a festival, rally, concert, tournament, street party, ceremony, carnival, charity fundraiser, athletic event or other similar event open to the public, this guidebook will serve as a good start to your special event’s planning and explain our processes, rules and regulations. Additionally, we recommend you contact us early in the planning process so we can counsel you individually on your proposed event, the additional permits which may be required and to serve as your ‘one-stop shop’ for all City resources and services. We look forward to working with you to create your successful, safe and memorable event for all to enjoy. Delray Beach Special Events Office 50 NW 1st Avenue, Delray Beach, FL 33444 561-243-7250 specialeventsoffice@mydelraybeach.com Cover Photo Credits Top: Downtown Delray Beach, Florida, U.S.A. by Jorge Molina Second Row Left: Happy Fourth of July! by Zielinski Creative Center: Delray Beach Fourth of July Celebration by VMA Studios, Aaron Lurie Right: Fireworks 8 by Nick Gramly 4 Special Events Guidebook 2016 Table of Contents Welcome.......................................................................................................................................................3 What Are My Responsibilities As An Event Producer?.................................................................................7 When Will I Need an Event Permit?..............................................................................................................8 How Do I Submit an Event Permit Application? ...........................................................................................8 Who Issues Events Permits and Considers Any Event Waivers?..................................................................9 Should I Meet with the SEO Before Application?.......................................................................................10 How Long Does the Event Permit Approval Process Take?........................................................................10 Will the City “Hold” Event Dates?...............................................................................................................11 What Are the Types of Event Permits?.......................................................................................................11 When Should I Submit My Permit Application and What is the Process?..................................................12 How Will My Event Be Reviewed?..............................................................................................................12 Are There Any Limitations on Events in Delray Beach?..............................................................................13 Can an Event Permit be Denied or Revoked?.............................................................................................14 What City Services Are Available and/or May be Required for Events? ....................................................15 Event Operations & Site Infrastructure......................................................................................................15 What Are the Fees and Charges Associated with City Services?................................................................16 Special Event Contract................................................................................................................................17 Event Fines and Penalties...........................................................................................................................17 Does the City Sponsor Events and Who Approves Sponsorships?.............................................................17 Other Requirements for Special Events......................................................................................................17 Insurance.....................................................................................................................................................17 Event Site Infrastructure.............................................................................................................................18 Temporary Structures – Tents, Platforms and Stages................................................................................18 Food Preparation, Portable-Outdoor Cooking............................................................................................19 Health and Hygiene.....................................................................................................................................19 5 Special Events Guidebook 2016 Event Operations & Activities.....................................................................................................................20 Public Safety................................................................................................................................................20 Alcohol Management..................................................................................................................................20 Entertainment and Attractions...................................................................................................................20 Noise – Amplified Sound.............................................................................................................................20 Parking ........................................................................................................................................................21 Road Closures, Transit and Traffic Plans.....................................................................................................21 Signs and Banners.......................................................................................................................................22 Vendor Licenses..........................................................................................................................................22 Event Site Plan and Other Supporting Materials........................................................................................23 Special Event Venues..................................................................................................................................24 Post-Event Activities...................................................................................................................................25 Appendix................................................................................................................................................26-88 Appendix 1: Special Event Policy................................................................................................................27 Appendix 2: Special Event Permit Application...........................................................................................35 Appendix 3: Event Permit Checklist...........................................................................................................42 Appendix 4: Event Permit Application Review Form.................................................................................43 Appendix 5: City of Delray Beach Event Fees and Charges....................................................................45-48 Appendix 6: City Contract for Events.........................................................................................................49 Appendix 7: City Park Rental Forms............................................................................................................54 Appendix 8 – Vendors License Listing.........................................................................................................58 Appendix 9: Food Vendor/Outdoor Cooking Requirements ......................................................................59 Appendix 10: Sale/Serving of Alcohol Information....................................................................................62 Appendix 11: Special Event Signage...........................................................................................................63 Appendix 12: Parking Facilities...................................................................................................................66 Appendix 13: Emergency Medical Operations and Fire Safety...................................................................67 6 Special Events Guidebook 2016 Appendix 14: Road Closures.......................................................................................................................68 Appendix 14.1 – Temporary Traffic Control Plan (TTCP) Checklist.............................................................70 Appendix 15: Outside Agencies.................................................................................................................72 Appendix 15.1 – State Road Closure Information.......................................................................................73 Appendix 15.2 – County Road Closure Information...................................................................................78 Appendix 16: Downtown Core Map..........................................................................................................83 Appendix 17: City After Action Report.................................................................................................84-88 7 Special Events Guidebook 2016 What Are My Responsibilities As An Event Producer? The City of Delray Beach defines event producers (“producers”) as any individual or organization that is responsible for all aspects of an event - advertising, marketing, talent costs, insurance, hold harmless agreement, contracts - along with all the revenues and expenses for the event. Producers should review the entire guidebook as well as the special event permit application and other forms. Submission of an application does not guarantee issuance of an event permit. The City may, for any reason, deny or revoke an event permit. This includes, but is not limited to, not adhering to the City’s event policy, guidelines, deadlines and event permit conditions. In addition, a permit can be revoked if a named storm or other government declared state of emergency has been enacted with the potential to have an impact on the City. Producers are responsible for submitting in writing, as may be required from other governmental agencies, private property owners, and designated managers of City property including Old School Square (OSS) Complex, for use of their sites for an event. A park rental agreement is required for use of all parks and city facilities located in Delray Beach. Reservations are required for use of these facilities. Although producers are responsible to ensure all proper authorizations from others are acquired, as well as pay all fees associated with those authorizations, the City will apply for Florida Department of Transportation (FDOT) or County road permits on behalf of the event producer. Producers or their vendors are required to meet deadlines and submit required certificates of insurance, to include liquor liability when applicable, hold harmless agreements, and any required cash bonds or deposits to the City. Producers are required to notify residents or business owners in writing who are directly affected by the event and/or street closures 30 days before the event. Proof of the notification shall be submitted to the Special Event Office (SEO) upon distribution to area residents and businesses. The City may follow-up with area residents and business owners to determine the effectiveness of event notification methods. 8 Special Events Guidebook 2016 When Will I Need an Event Permit? Generally, if you are seeking to produce and/or conduct an outdoor special event - any planned meeting, activity, gathering, or group of persons having a common purpose, design, goal or any other similar event as defined in the Special Event Policy (see Appendix 1 – pg. 27-34) – in the City of Delray Beach an event permit will be necessary except for the following: Any organized activities conducted at sites or facilities intended and used for such activities that include but are not limited to: sporting events managed by the City’s Parks and Recreation department such as golf, tennis, soccer, softball, baseball and football tournaments conducted on courses or fields intended and used for such activities; wedding services at reception halls or similar facilities; funeral service conducted at funeral homes and cemeteries and regularly programmed religious services. Sporting events produced or supported by outside organizations such as the Palm Beach County Sports Commission or the Delray Beach Sports Destination Committee are not exempt from the standards of this policy. An event permit may not be required if an activity is already permitted under a Delray Beach temporary use permit, Delray Beach annual permit for the use of City property, rental agreement, operating agreement, license agreement, or other contractual agreement. Any activity by a non-Delray Beach government agency acting within the scope of its function, subject to the provision of reasonable notice to the City Manager and the event does not require city services or a temporary road closure. In addition to the event permit, producers may need to obtain other related permits. Responses by applicants to the Event Permit Application will help determine what other permits and approvals are needed including those from outside agencies. While it is ultimately the responsibility of the producer to obtain and submit the proper documentation and applications to the appropriate outside agencies, the Delray Beach Special Events Office will help guide the process. How Do I Submit an Event Permit Application? Producers can begin the process by contacting the Special Events Office or by completing and submitting a Special Event Permit Application online at www.mydelraybeach.com. 9 Special Events Guidebook 2016 Who Issues Events Permits and Considers Any Event Waivers? The City of Delray Beach Special Events Office (SEO) serves as the single point of contact between city departments, producers, and members of the community as it oversees organized events through the coordination of enterprise-wide functions and issues all event permits, except for new major events in the Downtown core which are approved (or denied) by the City Commission on the recommendation of the SEO and City Manager. Waivers associated with events are requested and considered during the event permit application process. Additionally, the SEO may consult with the City’s Special Events Technical Assistance Committee (SETAC), which includes representatives from City departments and agencies who support and assist Special Events including but not limited to: City Manager’s Office, Community Improvement, Economic Development, Emergency Management, Environmental Services, Finance, Fire, Parks and Recreation, Planning-Zoning-Building, Police, Public Works and Risk Management. SETAC meets twice a month to consider new Special Events Permit applications, reviews Operation Plans for upcoming special events and discusses after action reports from prior events. 10 Special Events Guidebook 2016 Should I Meet with the SEO Before Application? Pre-application meetings for all event permit types are welcomes by the SEO and required for larger, more complex events such as Half and Full Marathons, Parades and Major Public Events. How Long Does the Event Permit Approval Process Take? To ensure appropriate and timely approvals, event producers are encouraged to apply as early as possible since generally the permitting of events will be handled on a first-come, first-serve basis. For minor events, permits may be issued within 45 days from receipt of application while major events will take longer to be reviewed and evaluated. Once the SEO determines the type of event, the producer will be provided with a schedule of key deadlines and dates to ensure timely consideration of an event permit application. Upon receipt of all required forms and documentation, application and permit fees, deposits, special event contracts (if required), an event permit will be issued by the Special Events Office. Additionally, the SEO will stay engaged with the producer to review and monitor status of event operations plans and through all post-event activities. 11 Special Events Guidebook 2016 Will the City “Hold” Event Dates? The City of Delray Beach will only “hold” event dates when an event permit application has reached an approved or “conditional approval” status. What Are the Types of Event Permits? Based on the information submitted on the event permit application, an event permit is categorized as one of the following: Event Permit Type Number of Days City Services Anticipated Total Attendance Road Closures** Duration of Road Closure Impact Athletic Event (NIMS 1-5*) Varies Yes Varies Yes Minor and Major Rolling Closures and/or < 6 hours Block Party < than 1 day No < than 150 Yes Neighborhood Road Up to 2 blocks < 6 hours Parade Event < than 1 day Yes Varies Varies < 8 hours Private Event Varies Minimal Varies No N/A Public Event – Minor (NIMS 4 – 5*) < than 1 day No < than 5,000 No N/A Public Event – Intermediate (NIMS 3 – 4*) 1 day or more Yes Up to 10,000 Yes Non-Major Road < 6 hours Public Event – Major (NIMS 1– 3*) 1 day or more Yes > than 10,000 Yes Major Road > 8 hours *NIMS = National Incident Management System which may direct the level of City and Public Safety service standards to be planned and deployed for Delray Beach permitted special events. ** Road Closures: A listing of Major Roads is available in Appendix 15 – page 65. Annual Permit An annual event permit may be issued for reoccurring events on City-CRA owned properties (i.e. Green Market) or for other continuous, regular programming of City property by others including, but not limited to the Delray Beach Historical Society, Spady Cultural Heritage Museum and Old School Square. 12 Special Events Guidebook 2016 When Should I Submit My Permit Application and What is the Process? An event permit application and the related non-refundable application fee must be submitted to the Special Events Office in a timely matter and meet the following initial application deadlines. Applications may be submitted up to 24 months in advance of the event’s date. Once the application is received, the SEO will review the application and may consult with the Special Event Technical Assistance Committee (SETAC) to assess and determine the proposed event’s impact on the City and the level of City services, staffing and equipment, if any to be provided. Additionally, SEO and SETAC will take into consideration the event permit type and scale of the event, security and safety issues, quality of life impacts, local economic and community benefits, promotional value and level of service demands in its review. Following the review, the SEO will determine whether an event permit will be approved or denied for all events except for new major events in the Downtown core. New major events in the Downtown core will be approved or denied by the City Commission on recommendation by the City Manager and SEO. Event Permit Type Initial Application Deadline (Days Prior to Event Date) Athletic Event 45 – 180* Block Party 45 Parade Event 180 Private Event 45 Public Event – Minor 45 Public Event - Intermediate 90 Public Event – Major 180 * Dependent on the size and nature of the athletic event. How Will My Event Be Reviewed? The City of Delray Beach is interested in attracting and hosting special events that reflect the spirit, character, essence and evolving brand reputation of the community. Events that are family-oriented, focused on touting the arts, culture, education, history, health, sports and wellness are crowd-pleasers. To aid in the review of an Event Permit Application, the SEO has developed a tool (see Appendix 4 – pgs. 43-44) which will be used during the application process. 13 Special Events Guidebook 2016 Are There Any Limitations on Events in Delray Beach? Events that are family-oriented, focused on touting the arts, culture, education, history, health, sports and wellness are crowd-pleasers for our residents, businesses and visitors. And while the City of Delray Beach is interested in attracting and hosting events that reflect the spirit, character, essence and ever-changing interests of our community, we have established some parameters by which we will issue event permits including, but not limited to the following: •Only one (1) Major Event may be allowed per month within the Downtown core – (see Downtown core map in Appendix 16 - pg. 83) - during Season (October – May). Other than Hometown events and certain minor events, no public events will be allowed to occur simultaneously or concurrently in the Downtown core during Season. Athletic events using roads are limited to two per month and no more than 12 closures of A1A will be allowed annually. The City reserves the right to further limit events based on available City resources or for other concerns on the general health, safety and welfare of the citizens, businesses and visitors of the City. Hometown events shall have priority and preference for booking dates and locations. Any event seeking to be held on the campus of Old School Square (OSS) shall be coordinated by the OSS management team as provided for and in the City-OSS Lease and Management Agreement. Any event requiring the closure of a road must receive conditional approval by the SEO or City Commission before a road closure permit will be requested. Road closures on Atlantic Avenue and Swinton Avenue will be limited. Generally, event vendors may not block storefronts unless approved by SEO. All event site plans, except for minor public, private and block party events, must become final and filed with SEO no later than 30 days prior to event date. While food trucks may be allowed during events, they may not negatively impact adjacent local businesses. All signs and banners must meet City of Delray Beach requirements. Amusement rides are prohibited within the Downtown core except as otherwise permitted by Ordinance. 14 Special Events Guidebook 2016 Can an Event Permit be Denied or Revoked? Yes, submission of an event permit application does not guarantee issuance of a permit. The City may, for any reason, deny or revoke a special event application or permit. This includes, but not limited to, not adhering to the event policy, event guidelines or SEO specified deadlines. Additionally, an event permit can be revoked if a named storm or other government declared state of emergency has been enacted with the potential to have an impact on the City and for the following reasons: a. The application for permit (including any required attachments and submissions) is not fully completed and executed. b. The applicant has not tendered the required fees for prior year's events. c. The application for permit contains a material falsehood or misrepresentation. d. The applicant is legally incompetent to contract or to sue and be sued. e. A fully executed application for an event for the same time and place has been received, and a permit has been or will be granted to an applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular municipal property or part hereof. f. The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the City of Delray Beach and previously scheduled for the same time and place. g. The proposed use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, of City Employees or of the public. h. The producer has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City concerning the sale or offering of any goods or services. i.The use or activity intended by the applicant is prohibited by law, by the City's Code of Ordinances or by other regulations. j.The producer’s operational plans for its event cannot be met by available City staffing, services, facilities and equipment. 15 Special Events Guidebook 2016 What City Services Are Available and/or May be Required for Events? The following services are available and/or required for events. Of course, producers may want to contract directly with third party services and equipment providers when practical and after consulting with the SEO. When third party services and equipment are arranged through the City at the request of the event producer, City administrative fees will be charged. Security & Safety a. Delray Beach PoliceDepartment Police or other trained non-sworn personnel may be required at the discretion of the Chief of Police or designee based upon projected attendance numbers, type of event, traffic/pedestrian concerns, geographic location and site layout. Mandatory police personnel are required for events where alcohol is served or sold by the event producer, event vendor or other businesses within the event foot print. Event producers may through agreement with the Delray Beach Police Department, add private security to perform approved functions. Please note that all private security teams must be vetted and approved by the Delray Beach Police Department. Under no circumstances may any member of the private security team be permitted to carry a firearm. A company supervisor/manager must be on scene or easily accessible to respond to the venue should issues arise. Uniforms must be professionally worn, consistent amongst all private security personnel and clearly marked “SECURITY”. b. Delray Beach Fire Department Mandatory staffing may be required as determined by the Fire Chief or designee when the total estimated crowd at any one time in the venue area exceeds 2,500 people. Staffing requirements must take into account venue risks, type of activity, and other safety considerations in addition to the size of the event. Event public safety plans will be considered/approved by the Police/Fire Departments and their respective Chiefs as a part of the event permit application process. If the Police/Fire Departments determine there is no undue risk to public safety, then Police/Fire staffing of the event may not necessary. Event Operations & Site Infrastructure a. Parks Maintenance Parks Maintenance staff may provide assistance when requested for event site cleanup and trash collection and disposal. Producers may utilize volunteers and/or private 16 Special Events Guidebook 2016 contractors, with City approval. Parks Maintenance staff are required to set up and take down City stages. b. Environmental Services Environmental Services staff will provide oversight of parking plans, transit plans and for Maintenance of Traffic (MOT) planning for the event. Producers may request use of City and County owned surface lots and parking garages for reserved parking in the event permit application. c. Public Works Public Works staff will prepare and submit required FDOT and County permits for street closures, install road closure barricades, message boards, and arrow boards, set up portable light towers and generators, and make available a City electrician, when needed. d. Community Improvement Community Improvement performscode and site inspections and provides management in the Downtown area. e. Planning, Zoning, Building Planning, Zoning, Building provides guidance on City codes and regulations along with permitting and inspecting temporary event structures. What Are the Fees and Charges Associated with City Services? All producers will be required to pay for City staffing, services, facilities and equipment associated with their event. The City will provide a cost estimate based on the event application and will then work with the producer on opportunities for cost reduction. Relatively minor changes in event footprint and operating plans can lead to significant reductions in City services and corresponding costs. A representative fee schedule is shown in Appendix 5 - pgs. 45-48. After completion of the event, the City will issue a single invoice reflecting actual usage of City services, plus any charges for site damage and non-compliance fines. The City may offer discounts for athletic events, for events produced by Delray Beach elementary, middle and high schools, for events that activate areas outside the Downtown core, for events occurring ‘off-season’ (June – September) or to advance economic development. Charitable, non-profit organizations with 501(c)3 tax status will be eligible for up to a 50% discount from all standard fees except where noted. Examples of fees and charges for City services include, but are not limited to, City staff costs “on the ground” at the event and direct administrative time associated with the event, land 17 Special Events Guidebook 2016 and/or equipment rental, signage, stage rentals, trash boxes and liners, parking and vehicle towing costs. Equipment rentals include but are not limited to barricades, message boards, arrow boards, tables, chairs, tents, stages, light towers, portable toilets and portable generators. Special Event Contract Deposits, fees, charges and payments are governed by the Special Event Contract between the producer and the City (See Appendix 6 – pgs. 49-53). A single invoice for all fees (except the non-refundable permit application fee of $150), will be issued after completion of each event. Event Fines and Penalties Producers will be required to pay for any site damage caused by their event and any site cleanup necessary, plus any fines that may be levied. Producers may also be subject to fines and penalties for non-compliance with event permit and/or with other City codes and regulations. Does the City Sponsor Events and Who Approves Sponsorships? Producers may request sponsorship from the City as part of the event permit application process. Sponsorship may include, and is not limited to, co-production of the event, in-kind services, use of facilities, financial contributions and/or discounted event fees and charges. Event sponsorships valued up to $50,000 will be approved by the City Manager while sponsorships greater than $50,000 must be approved by the City Commission. Other Requirements for Special Events Insurance The producer is required to provide liability insurance with coverage and limits that depend upon the size, scope and location of the event. The insurance policy must include coverage for all approved event activities, including those activities provided by third party vendors. The policy must be for the dates of the event, including set-up and breakdown days. Liquor Liability or Host Liquor Liability Insurance are required if alcohol will be sold or consumed at the event. a. Minimum liability limits for single day events will require minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. The minimum limit for Liquor or Host Liability Insurance is $1,000,000 each common cause and $2,000,000 in the aggregate. 18 Special Events Guidebook 2016 b. The City of Delray Beach is to be named as an additional insured on all insurance coverage. Other additional insured entities may be required, depending on the scope or location of the event. c. Generally, a Certificate of Insurance evidencing the required insurance should be delivered to the SEO no later than sixty (60) days prior to the event or as per the event’s permit classification requirements. d. In the event of any conflict between any provision of this summary document and City Code of Ordinances, the City Code of Ordinances takes precedence. e. The Certificate may be mailed, delivered in person, faxed or emailed to the City of Delray Beach. f. The Certificate Holder should read: City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Event Site Infrastructure Temporary Structures – Tents, Platforms and Stages Tents and other membrane structures shall conform to the structural strength, fire safety, means of egress and accessibility requirements to ensure public health, safety and general welfare. a. All temporary structures – tents, platforms, stages - must be identified on the event site plan. b. Temporary structures (tents, platforms, stages) that cover an area greater than 100 square feet or measure more than 10 x 10, including connecting tents and stages together, shall not be erected, operated or maintained for any purpose without obtaining a permit from the City’s Building Official. c. A permit application shall be submitted to the Building Department for each installation of a temporary structure, excluding all City stages, including the construction documents. The construction documents shall contain details of the structure (including dimensions) and event date(s), event site plan, information delineating the occupant load and copy of the “Flame Retardant Certificate” for each structure. A separate fee is required. d. The City of Delray Beach has a three stages available for rent. The large stage (14’ x 36’) is erected and manned by City staff while the small stage (16’ x 21’) and the half small stage (8’ x 21’) is delivered only and requires no onsite City staff. The producer also has 19 Special Events Guidebook 2016 the option of building their stage or contract with an outside organization to rent or use a stage during the event. e. Tents larger than 10’ x 10’ are required to have a tent permit approved by the Delray Beach Fire/Rescue Department. A separate fee is required. Food Preparation, Portable-Outdoor Cooking The Delray Beach Fire Marshal must approve all food vendors and outdoor cooking on the event site. a. If cooking onsite with an open‐flame, an officially certified (by the Delray Beach Fire/Rescue Department), rechargeable, and up‐to‐date fire extinguisher must be present in an easily accessible place within each food vendor space. 1. If a propane tank is in use, it must be secure and in an upright position. Additionally, all types of cylinder containers (like helium) must be secure in a safe, upright manner. 2. Proper containment and disposal of cooking waste (including wastewater, grease, etc.) is required. It is the event organizer’s responsibility to insure that vendors comply with City, County, State, and Federal containment and disposal regulations and to insure that proper containers for the collection and disposal of cooking waste are available at the event site. b. Producers are required to submit a list of all food/beverage vendors that will be at the event site including a Point of Contact per vendor. c. The City of Delray Beach requires all food vendors to have a Delray Beach Business Tax Receipt (BTR) or Event Vendor license. Health and Hygiene a. Producer is required to clean‐up immediately following the event. Inspection will be made by Code Enforcement to determine if the site has been cleaned and if there is any damage to the site. Failure to adequately clean‐up public facilities may result in additional charges/fees. The placement of trash/waste receptacle and the number needed will depend on the event grounds, anticipated attendance and if food/drink is included as part of the event. b. Producer must make the event accessible to people with disabilities to the greatest extent possible in compliance with the requirements of the Americans with Disabilities Act (ADA). If the event calls for portable restroom facilities, 5% of the total number of portable restroom units and at least one (1) in each grouping of units must be accessible to persons with disabilities. 20 Special Events Guidebook 2016 c. The number of restroom facilities required for outdoor events varies by type of event, expected attendance, and event location. See the Special Events Office for a tool to estimate the number of restrooms needed according to the anticipated number of event participants. d. The number and location of handwashing stations are integral to providing an event that is safe and prevents the spread of possible illness. Hand washing stations will need to be provided in conjunction with all toilet/restroom facilities. Event Operations & Activities Public Safety Producers will be given expected levels of services for general event security, first aid, traffic, crowd and pedestrian control by the Special Events Office and the Special Events Technical Assistance Committee, based on the information provided in the Events Permit application. Alcohol Management a. A copy of the One/Two/Three Day Permit issued by the Division of Alcoholic Beverages and Tobacco must be submitted to the SEO no later than 30 days in advance of event date. b. If a producer is planning to use a licensed caterer or other entity licensed to serve alcohol on multiple premises, a copy of the appropriate license must be submitted with this application to be permitted for alcohol at the event. c. See Appendix 10 – pg. 62 or contact the Special Events Office for additional information about Alcohol Sales and Consumption at special events, as defined by the City of Delray Beach. Entertainment and Attractions a. Events that include inflatable attractions must include proper insurance coverage. b. It is the event producer’s responsibility to verify utility access at proposed location and request utility access during permit process Noise – Amplified Sound a. Per Section 99.03 of the City Code of Ordinances, amplified sound is not allowed between the hours of 11:00 p.m. and 7:00 a.m. b. Amplified sound approvals may be more restrictive based on event location. 21 Special Events Guidebook 2016 c. If a Noise Waiver is required, the request should be indicated on the Event Permit application. Parking a. A parking plan is required for all Major and Intermediate events as well as any event that requires the partial or complete closure of a road. Reference Appendix 12 – pg. 66 for a listing of possible parking spaces/lots/garages to serve your event. b. Parking plan must identify approximate number of vendor, volunteer, and anticipated guest vehicles. c. All applications must identify the location of vendor parking, volunteer parking, and guest parking. Event producers may request City assistance obtaining parking lot use/licensing agreements from the County and other Government agencies as needed. d. Accessible parking must be provided for persons with disabilities. Depending on the location, City designated accessible parking lots must be utilized for accessible parking for the event. Information regarding accessible parking locations should be included as part of the event advertising and clearly marked at the event site. At a minimum, all event personnel and volunteers should be aware of the locations of accessible parking to direct persons with disabilities and handicap tags to the appropriate parking areas. e. Reserved Parking: Producers may request use of City owned surface lots for reserved parking. Requests need to be in writing and must be shown on the preliminary site plan included in the event application package. Parking fees will apply to Reserved Parking. See Appendix 12 – pg. 66 for a list of available lots. f. Paid Parking: The producer will be charged 100% costs for parking in City owned parking garages, City owned surface lots, on-street parking, and in the County-Owned Facilities. Revenue from said parking will be retained by the City. The use of private lots for event parking shall be permitted. Road Closures, Transit and Traffic Plans Any event that requires the closure of a road must be conditionally approved by the SEO prior to making application for road closure permits. For more information, see Appendix 15 and 16 for all details. a. A traffic plan is required for all major and Intermediate events as well as any event that requires the partial or complete closure of a road. All plans must be approved by the City before an event permit will be issued. 22 Special Events Guidebook 2016 b. The Site plan must include the location of all proposed road closures, parking areas, detour routes, transit in and out of the event and any other use within the public ROW. c. All road closures will be processed by the City. Signs and Banners For purposes of events, signs are defined as any device, structure or fixture using graphics, symbols or written copy designed to advertise, or identify an establishment, product, goods or services. A sign that is not visible from any nearby Public Property or Public Place, including without limitation a Public Right-Of-Way and a Private Right-of-Way that is accessible to the public, is not considered a sign under this policy. A waiver of LDR Section 4.6.7 is required for all temporary Special Event Signs and must be noted on the application form at the time of submission. See Appendix 11 – pgs. 63-65 for additional information. a. All signs and banners must meet City of Delray Beach requirements. b. A Temporary Sign/Banner Application must be completed and approved by City. c. Signs may require approval from the Building Code Department to ensure proper installation and sign construction. d. A fee will be assessed for the permit and installation. Vendor Licenses The producer must provide a complete vendor listing in a form issued by SEO – Appendix 8 – pg. 58 - and will be required to pay a vendor license for all participating vendors (including food trucks) that do not have a current Delray Beach Business Tax Receipt. Event vendors are defined as those who are selling food, beverages, merchandise and other items. As such, non-selling event exhibitors or sponsors with information booths are not considered vendors and therefore will not need a vendor license. For pricing information for vendor licenses see Appendix 5 on pg. 47. 23 Special Events Guidebook 2016 Event Site Plan and Other Supporting Materials A requirement of an Event Permit Application is a detailed event site plan. The site plan must include a north arrow and must accurately reflect the geographical location of the event site and its key elements including, but not limited to, the following: Adventure Stations/Climbing Walls Car Shows/Displays Dumpster Locations Emergency/Event Command Center Event Entry/Exit locations Event Signage Locations First Aid Station(s) Fencing of the site Food Trucks/Food Vendors Generator Location(s) and/or source of non- site electricity Inflatables Location of Alcohol Sales & Consumption Lost Child/Parent Location(s) Pyrotechnic launch location Restrooms/Port-a-lets/Washing Stations Rides/Games Road Closures/Detours Staging/Entertainment Temporary Stages Ticket Booth (if applicable) Volunteer Headquarters/Check-In Location Other Vendor and Event-Related Tents Other Key Event Elements Additionally, producers may be requested to provide other supporting materials, plans and/or maps which detail an event’s operations and impact on the adjacent areas to the actual event site – i.e. parking plan, transit plan (including detours), road closures. All event site plans, except for minor public, private and block party events, must become final and filed with the SEO no later than 30 days prior to event date. 24 Special Events Guidebook 2016 Special Event Venues The following is a list of Delray Beach locations that have been popular in the past. Please note that special events are not limited to these locations and the City encourages the use of new locations. City Parks & Facilities The interior of any city building, gazebo, pavilion or park may be rented out for events, birthdays, and family reunions. Contact the Delray Beach Special Events Office prior to submitting your Special Event Permit application. A Special Event Permit may not be required depending on the expected impact of your event. Delray Beach Golf Club The picturesque 18-hole Donald Ross designed championship golf course serves as the perfect backdrop to golf, meetings, weddings and special events. Call 561-243-7385 for more information. Old School Square Campus Delray Beach’s arts and entertainment center is a favored community gathering place and features the Cornell Art Museum, Crest Theatre, The Fieldhouse (formerly known as the Vintage Gymnasium), The Pavilion, The Creative Arts School and Old School Square Park. The Campus is managed by Old School Square, Inc. For reservation information, call 561-243-7922. Delray Beach Tennis Center The Delray Beach Tennis Center is a full-service public tennis facility with 14 clay courts, 6 hard courts, and an 8,200 seat stadium located in the heart of Delray Beach, FL. The facility also hosts concerts and special events. Call 561-243-7360 for more information. Shopping Centers (and similar tenant properties) Written approval is required from the landowner, Management Company, and/or other controlling entity and must be included in the Special Event Permit application. Public space within the Downtown Core This can include public rights-of-way such at Atlantic Avenue, A1A, and other roads or alleys. Use of City parks and greenways is additionally subject to any existing policies and procedures of the Parks & Recreation. 25 Special Events Guidebook 2016 Post-Event Activities Producers may be requested to participate in post-event activities with the SEO including finalizing City After Action Reports (see Appendix 17 – pgs. 84-88) for each event, surveying the public about event satisfaction and providing feedback to the City about levels of service. The SEO will provide additional information about these activities during the event permit application process and finalize with the producer before the event permit is issued. 26 Special Events Guidebook 2016 Appendix 27 Special Events Guidebook 2016 Appendix 1: Special Event Policy CITY OF DELRAY BEACH SPECIAL EVENTS POLICY -DRAFT September 2016 Purpose The City of Delray Beach (the City) recognizes that Special Events (events) provide opportunities to promote community welfare and quality of life, to build a sense of community, to enrich cultural opportunities, to draw visitors to Delray Beach, and to contribute to the economy of the community. Therefore, the City is committed to quality events that offer significant cultural and entertainment enrichment for the community at-large, while fitting within the existing capacities of the City’s resources and infrastructure. The purpose and intent of this document is: To preserve the City’s character while protecting the health, safety and welfare of the citizens, businesses and visitors of this city. To ensure the City of Delray Beach will have adequate advance notice of a proposed special event and the cooperation of the Producer(s)to adequately plan City services, such as security,sanitation,parking,and traffic control that may be required for such an event. To establish a straightforward and accountable process for event producers enabling the City and other public agencies to manage these events in a cost-effective and well- coordinated way. To ensure that the City’s infrastructure and facilities including, but not limited to,beaches, parks, and public rights-of-way are protected and conserved by limiting the number and types of events held in these areas. To establish procedures to ensure that the City is compensated by event producers for their use of City resources. Authority The City Commission has authorized the City staff to administer this policy through the adoption of Ordinance 28-16 . In accordance with Section ___________, the City Manager has authorized the Special Events Office (SEO) to serve as designee to approve events, except for new major events. This Policy is intended to work in concert with all other applicable rules, regulations, laws, and ordinances of the City of Delray Beach and other applicable governmental entities. The City reserves the right to amend the document over time, as it deems necessary. Definitions The following definitions shall apply to this policy and shall be used in the application of this policy: SPECIAL EVENT -shall mean an organized or planned gathering of persons having a common purpose, design, or goal, that is to occur on City-owned, City-controlled, or private property that has an overt impact on the services that are regularly provided by the City, such as health, fire and police. Special Events shall include, but are not limited to, festivals, fundraisers, exhibitions, 28 Special Events Guidebook 2016 musical performances, races, parades, and athletic events that: (1) Require street closings or detours such that the usual flow of pedestrians or vehicular traffic is inhibited; or (2) Utilize City property above normal usage; or (3) Are intended to or likely to attract substantial crowds; or (4) Are unlike the customary or usual activities generally associated with the property; or (5) Require the use of City resources, financial or otherwise, in excess of the City’s normal day to day operations; or (6) Any additional criteria as deemed by the City Manager. ATHLETIC EVENT – shall mean participant-oriented, active, group sporting activities, typically governed by a set of rules or customs, that may or may not be competitive in nature, but are pursued for exercise or pleasure, and include such activities as field activities, club sports, 5/10 k runs or races, bicycle races, group bicycle expeditions and such activities that take place on a pre-approved standard route. These events may or may not include a beer garden at the end of the sporting route for the registered participants. Athletic events also include events that are health or wellness oriented, such a beach volleyball tournaments or fitness classes, that occur on City-owned property, City-controlled property, or that overtly impacts the municipality requiring the support of City staff or City resources. BLOCK PARTY EVENT – shall mean an event organized by either a Homeowner’s Association with 51% of the homeowners (generally not open to the public) or by 51% of the businesses on the same block (generally open to the public) which closes a limited number of blocks on a contiguous local street with not more than one lane of traffic in either direction, excluding turn lanes. DOWNTOWN CORE – shall be considered the same as the City’s Clean and Safe District for purposes of this policy – see Exhibit 1 for map. CITY EVENTS – shall mean events related to Veteran’s Day, 100’ Christmas Tree, Holiday Lighting Ceremonies, Holiday Parade, First Night, Fourth of July and others that may be designated by the City Commission. The City may at its discretion agree to produce, co-produce and/or sponsor other events. PARADE EVENT – shall mean any planned movement of persons, vehicles or animals on the streets, sidewalks, right-of-way, path and other public property of the City including parades, motorcades, processions or marches except for road races which are recognized in this policy as an Athletic Event. PRIVATE EVENT - shall mean any Special Event that is to occur on private property that does not overtly impact the municipality and requires minimal support from the City’s resources. These may include but are not limited to grand openings, free food giveaways, onsite radio and television broadcasts and private events on non-residential private parcels that are not part of the normal operation of that lot, site or parcel. PRODUCER - shall mean any individual or organization that is responsible for all aspects of an 29 Special Events Guidebook 2016 event (advertising, marketing, talent costs, insurance, hold harmless agreement, et al.) and is responsible for all revenue and expenses for that event. PUBLIC EVENT - shall mean any Special Event occurring on City-owned, City-controlled property or that overtly impacts the municipality requiring support of City resources. These may include but are not limited to festivals, fundraisers, theatrical exhibitions, concerts, musical performances, public shows or entertainment, sporting events, film events, transient amusements, exhibitions or outdoor gatherings. SPECIAL EVENTS OFFICE - The City of Delray Beach Special Events Office (SEO) serves as the single point of contact between city departments, event producers, and members of the community as it oversees organized events through the coordination of enterprise-wide functions and issues all event permits. SPECIAL EVENTS TECHNICAL ADVISORY AND ASSISTANCE COMMITTEE (SETAC) - The SEO serves as the chair of the Special Events Technical Assistance Committee, which will include at minimum, representatives from the following departments and agencies; City Manager’s Office, Community Improvement, Economic Development, Emergency Management, Environmental Services, Finance, Fire, Parks and Recreation, Planning-Zoning-Building, Police, Public Works, Risk Management, and any other agency, department or organization necessary to the coordination of and operations for special events. SETAC has three key responsibilities including: 1) as a recommending body to SEO on event permit applications (recommendations may include approval, conditional approval, denial, rescheduling or relocation of an event); 2) for operational support and oversight of permitted events to ensure public safety and operational standards are met and maintained; and 3) for post-event debriefing and evaluation. Types of Events Permits Based on the information submitted on the event permit application, events will be classified as one of the following: Event Permit Type Number of Days City Services Anticipated Total Attendance Road Closures** Duration of Road Closure Impact Athletic Event (NIMS 1-5*) Varies Yes Varies Yes Minor and Major Rolling Closures and/or < 6 hours Block Party < than 1 day No < than 150 Yes Neighborhood Road Up to 2 blocks only < 6 hours Parade Event < than 1 day Yes Varies Varies < 8 hours Private Event Varies Minimal Varies No N/A Public Event – Minor < than 1 day No < than 5,000 No N/A 30 Special Events Guidebook 2016 (NIMS 4 – 5*) Public Event – Intermediate (NIMS 3 – 4*) 1 day or more Yes Up to 10,000 Yes Non-Major Road < 6 hours Public Event – Major (NIMS 1– 3*) 1 day or more Yes > than 10,000 Yes Major Road > 8 hours *NIMS = National Incident Management System which may direct the level of City and Public Safety service standards to be planned and deployed for Delray Beach permitted special events. ** Road Closures: A listing of Major Roads is available from SEO or can be found in the Special Events Guidebook. Annual Permit An annual event permit may be issued for reoccurring events on City-owned properties (i.e. Green Market) or for other continuous, regular programming of City-owned properties by others including, but not limited to, Delray Beach Historical Society, Spady Cultural Heritage Museum and Old School Square. Event Permit Application Submittal Deadlines, Considerations and Process An event permit application and the related non-refundable application fee must be submitted to the Special Events Office in a timely matter and meet the following initial application deadlines. Applications may also be submitted up to 24 months in advance of the event’s date. Once the application is received, the SEO will review the application and may consult with SETAC to assess and determine the proposed event’s impact on the City and the level of City services, staffing and equipment, if any are to be provided. Additionally, the SEO and SETAC will take into consideration the kind and scale of the event, security and safety issues, quality of life impacts, local economic and community benefits, promotional value and level of service demands in its review. Following the review, SEO will determine whether an event permit will be approved or denied for all event types except for new major events. New major events will be approved or denied by the City Manager or designee on recommendation by SEO. Event Permit Type Initial Application Deadline (Days Prior to Event Date) Athletic Event 45 – 180* Block Party 45 Parade Event 180 Private Event 45 Public Event – Minor 45 Public Event - Intermediate 90 Public Event – Major 180 * Dependent on the size and nature of the athletic event. Exemptions The following events or activities may be exempt from the standards of this policy (i.e. may occur without an event permit); such activities are subject to all other applicable procedures, standards, ordinances, and Land Development Regulations (LDRs). Examples of such 31 Special Events Guidebook 2016 exemptions are as follows: Any organized activities conducted at sites or facilities intended and used for such activities that include but are not limited to: sporting events managed by the City’s Parks and Recreation department such as golf, tennis, soccer, softball, baseball and football tournaments conducted on courses or fields intended and used for such activities; wedding services at reception halls or similar facilities; funeral service conducted at funeral homes and cemeteries and regularly programmed religious services. Sporting events produced or supported by outside organizations such as the Palm Beach County Sports Commission or the Delray Beach Sports Destination Committee are not exempt from the standards of this policy. An event permit may not be required if an activity is already permitted under a Delray Beach temporary use permit, Delray Beach annual permit for the use of City property, rental agreement, operating agreement, license agreement, or other contractual agreement. Any activity by a non-Delray Beach government agency acting within the scope of its function, subject to the provision of reasonable notice to the City Manager and the event does not require city services or a temporary road closure. Discrimination Events held on City property and public rights of way must not discriminate on the basis of race, color, religion, sex, age, national origin, familial status or disability. General Policies All events conducted within the City require the issuance of an event permit by the SEO, unless exempted. The SEO shall approve all special events, provided that they meet the requirements of this policy except for new major events in the Downtown core which shall be approved by the City Commission. All event logistics, permits, licenses, permissions, agreements and/or inspections are the sole responsibility of the producer. Only one (1) Major Event may be allowed per month within the Downtown core during Season (October – May). The City Manager may waive this requirement for major events with low impact or held during off-peak demand times. Other than City events and certain minor events, no public events will be allowed to occur simultaneously or concurrently in the Downtown core during Season. Athletic events using roads are limited to two per month and no more than 12 closures of A1A will be allowed annually. The City reserves the right to further limit events based on available City resources or for public security and safety concerns. City events shall have priority and preference for booking dates and at all event locations. Any event seeking to be held on the campus of Old School Square (OSS) shall be coordinated by the OSS management team as provided for and in the City-OSS Lease and Management Agreement. Any event requiring the closure of a road must receive conditional approval by the SEO or City Manager’s Office before a road closure permit will be requested. Road closures on Atlantic Avenue and Swinton Avenue will be limited. Generally, event vendors may not block storefronts unless approved by the SEO. All event site plans, except for minor public, private and block party events, must become final and 32 Special Events Guidebook 2016 filed with SEO no later than 30 days prior to event date. While food trucks may be allowed during events, they may not negatively impact adjacent local businesses. All temporary signs and banners for special events require a waiver of Section 4.6.7 of the Land Development Regulations and must meet City of Delray Beach Special Event Signage requirements as stated in in the Special Event Guidebook. Amusement rides are prohibited within the Downtown core except as otherwise permitted by Ordinance. Waivers of City Ordinances for Special Events Waivers associated with events may be requested through the event permit application process. SEO and/or City Manager or designee shall have the authority to approve (or deny) the waivers as part of the event permit application process. Waivers shall not extend beyond the time period for the event. Such waivers may include, but are not limited to: 1. Noise (Section 99.05) 2. Open Containers of Alcohol in Public Spaces (Section 113.02) 3. Chapter 101. – Parks, Beaches and Recreation. Various Sections depending on the type and kind of event proposed. 4. Animals (CODE Section 101.27) (i.e. for pony rides, exotic animal displays) 5. Sale of Merchandise without a Business Tax Receipt (Section 118.03, Section 118.04) 6. Special Event Signs (Waiver of LDR Section 4.6.7) 7. Temporary Use (including temp parking areas, carnivals/circuses, Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other Related Holiday, Seasonal/Temporary Uses) (Ord. 41-03, Ord. 49-04) 8. Outdoor Retail Display (LDR Section 4.6.6) 9. Temporary Parking Areas (LDR Section 2.4.6 and 4.6.9 (E)(6) Grounds for Denial/Revocation of Permit Submission of an application does not guarantee issuance of an event permit. The City may, for any reason, deny or revoke an event permit. This includes, but is not limited to, not adhering to the event policy, event guidelines or SEO specified deadlines. In addition, a permit can be revoked if a named storm or other government declared state of emergency has been enacted with the potential to have an impact on the City. Appeal Process Event permit or waiver denials may be appealed in writing to the City Manager within fifteen (15) days of the denial. The City Manager shall consider the appeal and shall render a written decision within a reasonable period of time and will be final. Insurance Requirements The Producer is required to provide liability insurance and hold harmless agreements, with coverage and limits that are acceptable to the City as a condition of receiving an event permit. The City of Delray Beach must be named as an additional insured on the policy. Event staffing – Safety/Security: Staffing requirements must take into account venues, risks, type of activity, and other safety considerations in addition to the size of the event as determined by the SEO. To ensure the 33 Special Events Guidebook 2016 safety and security of the City, all events and their safety and security plans shall be reviewed by the Delray Beach Police and Fire Departments. Vendor Licenses The Producer will be required to pay a vendor license fee for participating vendors that do not have a current Delray Beach Business Tax Receipt (BTR) unless already exempted from obtaining a BTR (formerly known as Occupational License) from Sec. 118.04. Notification of Event All Producers are required to notify residents and businesses that are directly affected by the event and/or road closures 30 days before the event. Proof of the notification shall be submitted to the SEO upon distribution to area residents and businesses. Fees and Charges for City Staffing, Services, Facilities and Equipment All Producers will be required to pay for City staffing, services, facilities and equipment associated with their event. The City will produce an event fee schedule, provide a cost estimate based on the event application and will then work with the producer on opportunities for cost reduction. The City may discount fees for athletic events, Elementary and Secondary schools located in the City, for events that activate city areas outside the Downtown core, for events which occur in "off-season" (June - September) or to advance economic development. Charitable, non-profit organizations with 501(c)3 tax status will be eligible for an up to 50% discount from all standard fees except where noted. City Sponsorship of Special Events As part of the events permit application process, Producers may request sponsorship from the City. Sponsorship may include, and is not limited to, co-production of the event, in-kind services, use of facilities, financial contributions and/or discounted event fees and charges. Event sponsorships valued up to $50,000 will be approved by the City Manager while sponsorships greater than $50,000 must be approved by the City Commission. Special Event Contract Deposits, fees, charges and payments are governed by the Special Event Contract between the Producer and the City. Event Fines and Penalties Any producer found in violation of the approved permit will be fined $250 per day until the violation is corrected. The producer may also receive separate fines from the City for specific violations or citations. In addition, the producer shall be held financially responsible for any and all costs to repair or replace any damaged City property caused by the event. The City may perform inspections, including before, during and after the event to ensure the protection of City property. Special Events Guidebook The City will produce a Special Events Guidebook which will serve as an additional tool for event producers as they seek to permit and produce safe and successful events in Delray Beach. The guidebook interprets the Special Events Policy, and where there may be conflict, the policy 34 Special Events Guidebook 2016 prevails. Annual Review The City will review the Special Events Policy annually as well as its event fees, charges, guidebook and additionally policies relating to events. Effective Date This policy is effective for all events occurring on and after October 1, 2016. 35 Special Events Guidebook 2016 Appendix 2: Special Event Permit Application CITY OF DELRAY BEACH Special Event Permit Application Thank you for considering Delray Beach for your special event. Events conducted within the City require the issuance of an event permit by the City’s Special Events Office (SEO), unless exempted. Based on the information submitted on the event permit application, your event will be classified as one of the following: Event Permit Type Number of Days City Services Anticipated Total Attendance Road Closures**Duration of Road Closure Impact Athletic Event (NIMS 1-5*) Varies Yes Varies Yes Minor and Major Rolling Closures and/or < 6 hours Block Party < than 1 day No < than 150 Yes Neighborhood Road Up to 2 blocks only < 6 hours Parade Event < than 1 day Yes Varies Varies < 8 hours Private Event Varies Minimal Varies No N/A Public Event –Minor (NIMS 4 –5*) < than 1 day No < than 5,000 No N/A Public Event – Intermediate (NIMS 3 –4*) 1 day or more Yes Up to 10,000 Yes Non-Major Road < 6 hours Public Event –Major (NIMS 1–3*) 1 day or more Yes > than 10,000 Yes Major Road > 8 hours *NIMS = National Incident Management System which may direct the level of City and Public Safety service standards to be planned and deployed for Delray Beach permitted special events. ** Road Closures: A listing of Major Roads can be found in the Special Events Guidebook. Once you have submitted a complete application with the non-refundable application fee of $150 for all event types, except block parties, SEO will begin the review process. 36 Special Events Guidebook 2016 CITY OF DELRAY BEACH Special Event Permit Application Event Permit Applicant: Contact Name: ___________________________________________Title: __________________________ Organization: ______________________________________________________________________________ FEI/EIN Number(required): ____________________________________________________________________ Type of Organization: □ Charitable Non-Profit □ Not-for-Profit □ For Profit □ Government □ School Address: __________________________________________________________________________________ Daytime Telephone Number: _______________________Cell Number: ______________________________ E-mail Address: _____________________________________________________________________________ Event Producer (if not the same as Event Permit Applicant): Organization: ______________________________________________________________________________ FEI/EIN Number(required): ____________________________________________________________________ Type of Organization: □ Charitable Non-Profit □ Not-for-Profit □ For Profit □ Government □ School Address: __________________________________________________________________________________ Daytime Telephone Number: _______________________Cell Number: ______________________________ E-mail Address: _____________________________________________________________________________ Event Day Contact(s): Contact Name: _______________________________________Cell Number: __________________________ Contact Name: _______________________________________Cell Number: __________________________ Event Application-Permit #: ____________________Date Application Received: ____________________ Date Application Fee Received: _________________Date Permit Fee Received: ____________________ Conditional Approval Date: _____________________$ Amount of Permit Fee Received: $_____________ Date Special Event Permit Issued: _______________SEO Signature: ______________________________ Event Name/Title: __________________________________________________________________________ Event Date(s) (if multiple days, list all dates): ______________________________________________________ Rain Date(s)(if multiple days, list all date(s): ______________________________________________________ Event Permit Type: □ Athletic Event □ Block Party Event □ Parade Event □ Private Event □ Public Event –Minor □ Public Event –Intermediate □ Public Event –Major Event Location: __________________________________________________________________________ (List venue name __________________________________________________________________________ and address)__________________________________________________________________________ Location Type: □ Public Property □ Public Right-of-Way □ Private Property □ Unknown 37 Special Events Guidebook 2016 EVENT INFORMATION: Is this an Annual Event? □ Yes □ No If yes, # of Years Held __________ If yes, # of Years Held in Delray Beach ______________ Is there a prior year Event After Action Report?□ Yes (a?ach copy) □ Ô Is there a prior year Event Attendee Satisfaction Survey?□ Yes (a?ach copy) □ Ô Is there a prior year Event Economic Impact Survey?□ Yes (a? ach copy) □ No Is the event open to the public?□ Q V □ Ô Is there an Admission Fee?□ Q V □ Ô X VH ÙT J W Is fencing proposed to be used (i.e. gated event)?□ Q V □ Ô Attendance Estimates: Ø W N W WW T J M Ù X WW T J Ö Û Ñ X WW T J Previous Year’s Attendance Ù Ù J Ø W N W WW T J M Ù X WW T J Ö Û Ñ X WW T J General Event Components (please select all that apply and add others as needed) □ ÒÙ Ó VÙ □ ÕWU Ö Ü V □ Ü Ù Ù T Ó VÙ I TV □ W V □ Ü V Ü W ÙT V □ Ü V Ü W Ü V □ Ù ÛVIÖX W U Ù V □ ÙÜ V □ fl W V □ T W ÙÜ Ù P V □ UÙ MÙV XV □ T V □ ÛÙ ÙW □ T Ø ÛV □ Ó U TÙV T V □ Ù V F V □ U U □ Ö W Ø WV □ Ö W Ø Ù WV □ ÕffVÙW Ö ÛÙ □ TÙ Ø Ü W V □ W ÙW MÙVU V □ ÕWU Event Description –Ö V ÙT T V Ù WÙ WU W T T W Ù V W U WU W Ü WV V W T Ù TÙ Ü VH VÙY VH WÙÜÙ T WÙ WÙ ÙWÙ V WÙ W WU V T VÙW TT V W V Ù T T Event Set-up, Break-down and Operating Hours Ù Ü WÙ T XVH ÙVW WÙ U V U T X Setup: M W J W W ØÙÜ J N T ØÙÜ J BreakdownJ M W J W W ØÙÜ J N T ØÙÜ J Operating Hours: M W J W W ØÙÜ J N T ØÙÜ J M W J W W ØÙÜ J N T ØÙÜ J M W J W W ØÙÜ J N T ØÙÜ J Ù N WV ÙT Û Î Ì Í EVENT INFORMATION: General Event Budget: Total Revenues: Total Expenses: Ö V T ÙV T W?V T W Ù T W T W Ü X VW T T Ù WU ÜÙW Ù WÙ VV ÙWU WU Ù X ?V Ù Ü WÙ Ù ÙW ÙV W Event Purpose and Community Benefits:M V Ù WU V WU WH U WU W Ü X Ü W ÜÜ ÙWX TV TI ÙT V ÜÜ ÙWX ÙWV V U V WU Ü U W VW XVH T Ù V VÙ VV VW WV T Ü U WVH T ÙVÙ Ü WV U ÙWÙ V I ÙY WÙ V T WU ÙWV Target Audience: M V Ù WU W W TÙ WU W Ù ÜÙ Ù VH X T WVH WU W VH Ü VH V Ù V W T U W ÙÜ X Ü Û WV X W W WW W WW T V M X U X H WU Ö Ü U WXH Ö Ü U WXH WU ÙT H W W ÙT H Ô WÙ H W WÙ Marketing & Publicity: M V Ù X Ó Û WÙ IÖ Ù ÙWX W W X W WW W WW T VH WÙ Ù WVH V V V T T V Ù Ø H TÙ H VW VH X VH VÙW VH V Ù Ü TÙ WU T Ü TÙ V X W H Ù WÙ Ù W WÙ WH V Ù T Ü TÙ ÙÜ VVÙ V Ü TÙ V Ü Ù X Delray Beach Local Business / Merchant / Restaurant Engagement Plan? □ Q V □ Ô X VH V Ù U WU W Ù U VÙ VV V ÙWU WU W Additional Events or Activities: Are you aware of any other events or activities planned to support or enhance your primary event? □ Q V □ Ô X VH V Ù Ù N WV ÙT Û Î Ì Í Detailed Event Operations, Infrastructure & Site Requirements Ö V WW U T T W Ù T Ü T Ù WÙ X W?V VÙW H V W T ÙÜ W V TÙ V Ù TÙ W VH VW WI Ù ÙVU Ù VH VW VH W W Ù WVH W VH W WVH T VH WÙ ÙWÙ VH Ù VW ÙT VW WÙ VH Ü X VV Ù WV T WU WT W W V NÕ X VVÙ Ù V X W T T W ÜÙ Ù W V V Ù Ü WU ÙWX M X U T ÙWV W V Tents:□ Q V □ Ô X VH U Ü XW W W WV X VH U W VÙY V T Ü WV U Ù V T VÙW Ù Í Ì Í Ì H Í Ì Î Ì H Î Ì Î Ì Ö V ÙT ÙVW (Additional tent permits and fire inspections may be needed.) Onsite Cooking: Ö V V Ù X Ü WU TJ (Fire Marshal inspections are required and will be scheduled) VI Ü VV T V N W Ù X V Ô Ü V Ü W W J M W F WÙÜ Ù Û J ÕWU H V V Ù XJ Food and Beverage Vendors: X VH Ü T V WÙ Ù W T W WJ (Health Department approval required along with City Business Tax Receipt or Vendor License. Full list will be required prior to event.) Food Trucks: X VH Ü T W ÛV __________ (Location of trucks should be included on event’s clear and detailed site may and food trucks should be in vendor count and listing.) Merchandise Vendors: X VH Ü T V WÙ Ù W T W WU WJ (City Business Tax Receipt or Vendor License required. Full list required prior to event.) Consumption/Sale of Alcoholic Beverages: □ Q V □ Ô X VH U W WÙWX ÙV W Ù Ù WU U ÒÙ V ÜÙW ÒÙVW (Copy of License and Alcohol Liability Insurance required 30 days prior to event) Stages: X VH Ü VW VJ (An additional stage permit may be required.) Requesting Rental and Use of City Stages: □ Q V □ Ô X VH UÙ U VW □ Ò VW Í Ï ? ? □ Ü VW Í ? Î Í ? □ Ñ VÜ VW ? Î Í ? Live Performances and DJ Music: □ Q V □ Ô If yes, applicant agrees all entertainment will be family-friendly and contain no obscenities. List of all performers and DJs required before event permit is issued. Fireworks / Pyrotechnics: □ Q V □ Ô (If yes, an additional permit will be required from the Fire Marshal.) Ï Ì Ù N WV ÙT Û Î Ì Í Event Waivers Required –Requested Ô ÙV WÙ Ì □ Q V □ Ô Õ W Ù V U Ù Ö Ù V WÙ Í Í Ì Î □ Q V □ Ô U W Í Ì Í ? Ö ÛVH U V T WÙ Ù V V WÙ V □ Q V □ Ô ÙÜ V ÕMN WÙ Í Ì Í Î □ Q V □ Ô Ó U TÙV ÙWU W VÙ VV Ø Ù W WÙ Í Í Ì Ï □ Q V □ Ô Ù N W Ù V P Ù ÒM WÙ Ï □ Q V □ Ô Ø Ü X V Ù TÙ W Ü ÛÙ VH Ù VI Ù V VH □ Q V □ Ô Ñ V M Ù ÙT VH Û WÙ Ù ÛH V H T ÕWU W T Ñ ÙT XH V IØ Ü X V V Õ WT W Ù MÙV X ÒM WÙ Ï □ Q V □ Ô Ø Ü X Ö ÛÙ V ÒM WÙ Î Ï T Ï N □ Q V □ Ô Detailed Event Operations, Infrastructure & Site Requirements ? WÙ T Portable ToiletsJ □ Q V □ Ô X VH U Ü X P U ÙV ÙTÙ Use of Onsite Restrooms during event: □ Q V □ Ô Ù ÙWX Ó Ù W Ü XJ Security and Safety Plan for Attendees: □ Q V □ Ô X VH V ÙT X Trash Removal Plan: □ Q V □ Ô X VH V ÙT X T ÙVW T V W V T Parking Plan for Attendees: □ Yes □ No If yes, please indicate loca?ons with addresses to be used for WW T VH T VH V VH T Õ ÙY V Requesting Use of City Owned-Metered Parking Spaces: □ Q V □ Ô X VH Ù TÙ W T U Ü X T WÙ V (City fees and charges may be incurred with this request Are Valet Parking Services being Used?□ Q V □ Ô X VH V Ù TÙ W WU Ü WU V Ù ÙT J Road Closures Requested: □ Q V □ Ô □ Par?al Road CloV □ T V X VH V Ù TÙ W T TV W V T T WÙÜ Ü V VV Ù W T ÙWU WU V V Barricades Required: □ Q V □ Ô X VH V Ù TÙ W Ù V Ù W ÙT T X ÙWX T □ ÙWX M X U V V T U V □ ÕWU Types of Event Signage: □ Adver?sing Flags □ Ü V □ V □ U X □ MÙ WÙ □ fl W V □ Informa?onal □ Ö V □ Ö ÛÙ □Ø Ü X Ø Ù W X □ P Xfi TÙ Ï Í Ù N WV ÙT Û Î Ì Í Event Permit Application Signature WÙ X WU W U T WU ÙWX M X U Ù N WV Ö Ù X T ÙT Û T WU V V ÙT T W W WU VW ÜX Û T T Ù W WÙ V V T VW T Ü X VÛ T TTÙWÙ Ù Ü WÙ WÙ W WUÙV Ù WÙ TTÙWÙ XH W Ü W ÙWXH W W H T V T WÙ V V W V VÙ Ù ÙWX WU Ù T Ü W VUH X Ù T WU ÙW ÜV Ü WU ÜÙV V T W W X T Ü W WU W VÙW Ù XH T VW T WU W VV X VH Ù V H WVÙT ÜÙWV T WU Ù Ü WV Ü VW V ÜÙWW T WU ÙVV WU Ù W ÜÙW Ö Ù W Ô Ü Ù W Ù W M W Event References and ADA Compliance Have you produced an event previously in Delray Beach?□ Q V □ Ô H V ÙT V Ü Ù WVWU W X U T T W WU W ÜÙW Ù WÙ ÙWU WU Ü WH T W WH Û X W W Ü H U Ü T Ü Ù TT VV Ü T T Ù Ù W W V VWV ÜÜ T WÙ V WUÙV W Ö V Ù ÙWÙ U M W W Ô Ü J ÖU J Please remember to: Í Ü W Ù WÙ V WÙ V Ù T ÔI W Ù Ù Ù W H VÙ T T W X Ù WÙ Î Ö ÙT ÙÜÙ X W VÙW Ö ÙT WU V Ü Ù W X Ù Ù W ÙV T Ù M X U Ï ÜÙW X Ù WÙ T WU Í Ì T Ù WÙ X U ÛV Ü T X W WU ÙWX M X U X Ü Ú TÙW TV Ó VW TH ÙV H MÙV Ü Ù N VV Submit completed application to: ÙWX M X U Ù N WV Õ Ù Í Ì Ì ÔP Í VW M X UH Ò Ï Ï Ï Questions? Í Î Ï Ì Í Í NÜ Ù M T Ù Y W T Ù Y ÜXT X U Ü Ï Î Ù N WV ÙT Û Î Ì Í Appendix 3: Event Permit Checklist M TÙ WU WX W ÜÙWH V T Ù W VÙWX X WH WU Ù ÙW ÜV Ü X Ù T ÙVV ÙWX M X U W ÜÙW ØU Ù N WV Õ Ù Ù WÙ X UÙ U ÙW ÜV Ù T T WU T T Ù V U Documents - Fees - Payments Required Days Due Before Event Day Submittal Date Notes Ì Í Ô Ö ÙW Õ ÙY WÙ M Ü W WÙ P ÙWU Ù WÙ U ÒÙ Ù ÙWX V Ì U ÒÙ N W VÙ Ö ÜÙW Ì U Ö ÜÙW Ì Ü V Ü W ÙT V W W ÒÙ V F V WÙ M X WU ÙY WÙ Ò WW Ü Ö Ù W Ö WX Õ V Ì Ö ÜÙW Ì ÙWX Ù V M VÙW Ì N W W Ù Ü W ÒÙVW Ö Ü VH M V Ì N W Ö ÜÙW ÙVV Í Ì H Ì Ì H Ì Ì N W Ö ÜÙW Ù WÙ Í Ì P ÙWU Ù WÙ N W V P ÙWU Ù WÙ N W ØÙÜ Ù Ì ÒÙ Ù ÙWX V WÙ Ù W Ì Ñ WU M WÜ W M X Ñ T Ñ Ü VV Ü WV Ì V WÙ Ù W Ì Ô ÙV Ö ÜÙW P ÙWU Ù WÙ ÕWU ÜÙWV Ì Ö ÛÙ Ö P ÙWU Ù WÙ Ö T I T IN UÙ ÙW VÙ VV ÒÙ V V M X T ÒÙ V T ÙWU Ù WÙ W Ü W N W ÙW Ì WX F ÙWX Ö Ì ÙW Ö P ÙWU Ù WÙ ÙVÙ V T Ì T XV Ù W W T Ö ÜÙW Ì Ø Ù Ó TÙ Ù WÙ Ì Ø Ù Ö Ì T ÒÙVW Ì P Ù VWV P ÙWU Ù WÙ Ï Ù N WV ÙT Û Î Ì Í Appendix 4: Event Permit Application Review Form ØUÙV W Ù V T V NÕ T NØ Ù V T TÙV VV V W ÜÙW Ù WÙ V Ï Ï Ù N WV ÙT Û Î Ì Í Event Permit Application Review Form –Page 2 Ï Ù N WV ÙT Û Î Ì Í Appendix 5: City of Delray Beach Event Fees and Charges Ï Ù N WV ÙT Û Î Ì Í Appendix 5: City of Delray Beach Event Fees and Charges –Page 2 Ï Ù N WV ÙT Û Î Ì Í Appendix 5: City of Delray Beach Event Fees and Charges –Page 3 Ï Ù N WV ÙT Û Î Ì Í Appendix 5: City of Delray Beach Event Fees and Charges –Page 4 Ï Ù N WV ÙT Û Î Ì Í Appendix 6: City Contract for Events AUTHORIZATION FOR SPECIAL EVENT THIS AGREEMENT AUTHORIZING A SPECIAL EVENT, is entered into this _____ day of _______, 2016 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as “City”) and PRODUCER, a _____ corporation conducting business in the State of Florida, with an address of ________, Florida _____ (hereinafter referred to as “PRODUCER”) (the “City” and “PRODUCER” are collectively referred to as “Parties”). 1. Facilities. City hereby grants to PRODUCER and PRODUCER hereby accepts from City permission to occupy and use that portion of the City of Delray Beach (hereinafter referred to as “Facilities”), under the following terms. _______________________________________________________________________________ 2. Use.The Facilities will be used only for the (name and description of event): ______________________________________________________________________________ 3. Time Period. The Facilities shall be occupied and used by PRODUCER for the period beginning __________and ending at ___________including Move In, Setup and/or Rehearsal Time. 4. Fees and Payment. PRODUCER shall pay to CITY those fees as described in an invoice issued by the City after completion of the event. 5. City Personnel, services and equipment. CITY will provide such City personnel, services and equipment as described in Addendum A to this agreement. 6. Deposit; default. PRODUCER shall upon execution of this Agreement, pay to CITY a non- refundable deposit via cashier's or certified check in the amount of_____________, and CITY shall deposit such check and retain it until the expiration of the license period for security as follows: (a) In the event PRODUCER terminates this Agreement without giving written notice of such termination not less than Thirty (30)days in advance of the commencement of the time period, PRODUCER agrees that CITY shall have the right to retain said security deposit in full. (b) In the event PRODUCER shall not have paid the fees described in section 4, and all other amounts due pursuant to the provisions of this Agreement on or before thirty (30) calendar days of the end of the time period, or in the event of any other default or breach of this Agreement by PRODUCER, or in the event Ì Ù N WV ÙT Û Î Ì Í of any damage to the premises or the assertion of a claim for damages against CITY, arising out of or in connection with PRODUCER’s performance under this Agreement, PRODUCER agrees that CITY shall have the right to apply said security deposit to such unpaid amounts, default, breach, damages or claims. 7. Indemnification.PRODUCER, shall at all times hereafter indemnify, hold harmless, and at the City Attorney’s option, defend or pay for an attorney selected by the City Attorney to defend the City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, PRODUCER, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages occurring within or without the premises sustained by any person or property. In the event any lawsuit or other proceeding is brought against the City by reason of any such claim, cause of action, or demand, PRODUCER shall, upon written notice from the City, resist and defend such lawsuit or proceeding by counsel satisfactory to the City or, at the City’s option, pay for an attorney selected by the City Attorney to defend the City. The obligations of this section shall survive the expiration or earlier termination of this agreement. If PRODUCER, its agents, employees, or contractor’s damages or causes the destruction of any real or personal property at the premises, PRODUCER shall compensate the City for such damage or destruction within 10 days of receiving notification from the City. Nothing contained herein is intended nor shall be construed to waive the City’s rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. 8. Insurance. PRODUCER shall provide certificates of insurance to the City evidencing its insurance coverage and naming the CITY as an additional insured. Other additional insureds may be required at the sole discretion of the City’s Director of Parks and Recreation. If PRODUCER fails to provide the certificate of insurance in a form acceptable to the CITY, the CITY may immediately terminate this Agreement. PRODUCER is required to provide liability insurance with coverage and limits that depend upon the size, scope and location of the event. The policy must be in effect for the dates of the event, including set-up and breakdown days. Liquor Liability or Host Liquor Liability Endorsements are required if alcohol will be sold or consumed at the event. Minimum liability limits for single day events will require minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. The minimum limit for Liquor or Host Liability Insurance if $1,000,000 each common cause and $2,000,000 in the aggregate. 9.Governing laws; venue. This agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be brought in the State or Federal courts located in Palm Beach County, Florida. Í Ù N WV ÙT Û Î Ì Í 10.Binding Effect. All of the terms and provisions of this agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 11. Entire Agreement. This agreement shall constitute the entire agreement of the Parties with respect to the subject matter of it. All prior understandings and agreements between the Parties with respect to such matters are merged into this agreement, which alone fully and completely expresses their understanding. 12. Amendments. This agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the Parties hereto. 13. Third Parties. Nothing in this agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this agreement upon any person other than the Parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this agreement. 14. Assignment.This agreement may not be assigned by either party unless first obtaining written permission from the other party. 15. Inspector General. PRODUCER 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 PRODUCER and its subcontractors and lower tier subcontractors. PRODUCER understands and agrees that in addition to all other remedies and consequences provided by law, the failure of PRODUCER or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by City to be a material breach of this agreement justifying its termination. 16. Public Records. PRODUCER shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. 16.1 IF THE PRODUCER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LICENSEE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1 ST AVENUE, DELRAY BEACH, FLORIDA,(561)243-7050 EMAIL:publicrecordsrequest@mydelraybeach.com. Î Ù N WV ÙT Û Î Ì Í 16.2 In accordance with state law, PRODUCER agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to City all records in possession of the PRODUCER at the termination of the Agreement 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 City in a format that is compatible with the information technology systems of City. All records shall be transferred to the City prior to final payment being made to the PRODUCER. e) If PRODUCER does not comply with this section, City shall enforce the provisions in accordance with this agreement and may unilaterally cancel this agreement in accordance with state law. 17. Force Majeure. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above. ATTEST:CITY OF DELRAY BEACH, FLORIDA, By:_____________________By:________________________________ City Clerk Special Events Administrator, Special Events Office Approved as to Form: By:_____________________ City Attorney WITNESSES:PRODUCER Ù N WV ÙT Û Î Ì Í ________________________By:______________________________________ ________________________ _____________________________________ (print or type name) (print or type name, title of officer or agent) ________________________ _____________________________________ ________________________ _____________________________________ (print or type name) (SEAL) STATE OF _______________ COUNTY OF _______________ The foregoing instrument was acknowledged before me this ____ day of ______________, 2016 by _____________________________________ (name of officer or agent, title of officer or agent) of PRODUCER, a ___________ corporation. He/She is personally known to me or has produced ___________________________ (type of identification) as identification and did (did not) take an oath. ____________________________________ Signature of Notary Public-State of _________ Ï Ù N WV ÙT Û Î Ì Í Appendix 7: City Park Rental Forms Ù N WV ÙT Û Î Ì Í Ù N WV ÙT Û Î Ì Í Ù N WV ÙT Û Î Ì Í Ù N WV ÙT Û Î Ì Í Appendix 8 – Vendors License Listing Vendor Licensing List W T V Ù T W U T ÜÙW W WU V T V ÙWU M X U VÙ VV Ø Ù W T T ÙV T Ù WT ÛÙ H TTÙWÙ Ù Ü WVH ÜÙWV T Ù V WÙ V T T ? V TÙ ØU Ö T ÙV V VÙ W ÙTÙ WU ÙWX Ü W ÙVW T V V TÙWÙ WU Ù W ÜÙW Vendor Type Food/ Beverage/ Merchandise Business Name Contact Person Name Outdoor Cooking Y/N Delray Beach Business Tax Receipt Y/N Ù N WV ÙT Û Î Ì Í Appendix 9: Food Vendor/Outdoor Cooking Requirements City of Delray Beach Requirements for Food Vendor and Outdoor Cooking ØU V Ù Ü WV V T H W W H T T fi T U WU WÙ V ØU Ù Ó VU Ü VW T T V T WT ÛÙ WU W VÙW ÛÙ ÙV Ù T ÙWU ‐fl Ü H ffi Ù X WÙfi T X WU M X U Ù I V M WÜ W H U H T ‐W ‐T W fi WÙ ÙVU Ü VW V W ÙWUÙ U T T V ØU W ÙVH U T T Ü VW U WU Ù fi WÙ ÙVU Ù VÙ X VVÙ o W Û ÙV Ù V H ÙW Ü VW V T Ù Ù UW VÙWÙ ØU W Û Ü X V T X T Ù fi T Ù UW VÙWÙ H ÙW Ü X T Ù ÜÙ Û W VÙÜÙ ÙWU W WW Ü W W WÙ Ù TTÙWÙ XH WX V Ù X Ù T W Ù V ÙÛ U Ù Ü Ü VW V T Ù WUÙV Ü o Ô ‐fl Ü ÛÙ Ü X T X W W o Ö W Ù Ü W T TÙV V ÛÙ VW WU W ÙV VW W H V H W Ü VW TU T W W ÙV WU W T V V VÙ Ù ÙWX W Ù V WU W T V Ü X W H W W H T T W Ù Ü W T TÙV V WÙ V W ÙV WU V VÙ Ù ÙWX WU W ÙY W Ù V WU W W Ù V WU WÙ T TÙV V ÛÙ V Ù W WU W VÙW W W WU Ù Ó VU ÙWU VWÙ V W WT ÛÙ ØU Ñ WU M WÜ W T WU W W ÙT ÙVV ÜÙWV T WÙfi W V TÙ T U T Ù T T TÙ W WV N W T V Ù T W V ÜÙW ÙVW T V WU W Ù W WU W VÙW Ù TÙ Ö Ù W W W T TÙ Ì Ù N WV ÙT Û Î Ì Í Delray Beach Fire-Rescue Department Í Î Ï Ï Ì Ì Í Î Ï Ï Ì Ù Ü WV Ø Ü X T V W Ù N WV All temporary vendors who cook, use LP Gas, use internal combustion generators/equipment, or use an open flame device, shall meet the following requirements when conducting within the City of Delray Beach: Requirements for cooking vendors: o Ö ÙT Î JÍ Ì J Ù WÙ ÙVU ÙWU W Ù V WÙ W o T V ÙWU T W X V VU ÙT , in addition to the above requirementH VV O Ù WÙ ÙVU ÙWU W Ù V WÙ W o Ù V T Ù WU VW WÙ WUH W W TÙV X VU VU ÙT Ù Ü W T W o T Ø ÛV P U V VVÙ VXVW Ü ÙV Ù TH WU VXVW Ü Ü VW Ù T ÛÙ T ÙWU W Ù V WÙ W Requirements for vendors using internal combustion engines: o W V T WU Ù W Ü VWÙ V V VU V W T X ÜÙ ÙÜ Ü W Ü WU TÙV X T W W T Ü W W X Ù V o W VU X Ù ÙVW T V VÙ V o WX V VU Û W X Ù V V X Ü WU Ù o Ù VU T W T X U Ù Ü W ÙV W Ù V Requirements for vendors using liquefied petroleum gas: o ÒÖ W Ù V VU W WU M Õ Ø Í Ì Ì Î ÙWX o ÒÖ W Ù V VU V W Ù Ü T WÙ T Ù Ü X V T Ù V T W VW W VÙ H Ù V W WU WUH ÜÙ Û W Ù W T VW T o ÒÖ W Ù V VU V T W VW W Ü ÛÙ Ù o ÒÖ W Ù V VU V T WVÙT WUVH TÙV XV W WV WU W V T Ü WU W VÙT o ÒÖ W Ù V VU U WÙ Ù Ù U V W Ù Ù ÙWX W IU V I Ù Ù VU W VU VÙ V ÛÙ U Ù o ÒÖ W Ù V VU VÙWÙ T V WU W WU VV Ù ÙV TÙ W T X Ü X V Ù ÙWÙ H VU T ÙW W *Before opening for business, the Fire Department conducts an inspection. When the above requirements are met, a tag of approval is issued for the length of the event Í Ù N WV ÙT Û Î Ì Í Delray Beach Fire-Rescue Department Í Î Ï Ï Ì Ì Í Î Ï Ï Ì Food and Concession Vehicles All requirements for food and concession vehicles shall be in accordance with Florida Fire Prevention Code, NFPA 1, Chapters 50 and 69, and NFPA 96 ÛÙ Ù Ü W WU W T V V T V VU W W T X Ù WÙ ÙVUÙ U T VXVW Ü ØU U T V VVÙ VXVW Ü Ü VW U W V Ù W T W T X Ü WUV T Ü VW Ù TÙWÙ N U UÙ Ü VW U W VW Ù WÙ ÙVU ÙWU ÜÙ ÙÜ Ü Ï Ì WÙ T Ü VW U WU W W V Ù T X X N U UÙ ÙWU X Ü VW V U VV O WÙ ÙVU ÙWU W W V Ù T X X W Ù Ù VH Ù W VH Ù Ü W Ù Ù VU Ù VW T T Ü Ù W Ù T Ù T ÙWU Ô Ö Ì H Ô WÙ N W Ù T Ö W W V VU W T Ù T ÙWU WU Ü W ?V V Ù Ù WÙ VH Ù VW WÙ V T V WX WÙ V V W V VU VW T Ù T V WX V N U W Ü VW U V X WW ÙWU W IV V WÙ WU W V X T U V WÙ V W U Û ÛV V Ù WU U V W WU WÙ V Ù TÙ W WU W WU ÙV Û N X WÙÜ WU UÙ ÙV Ü TH U V V T WÙ V Ü VW U Û T ÛV ÒÖ V X Ù T V Ü VW X VW T VÙ WÙ T V ÜÙ Û W VH Ü W T V X W WU UÙ Î Ù N WV ÙT Û Î Ì Í Appendix 10: Sale/Serving of Alcohol Information City of Delray Beach Requirements for Events with Alcohol N W Ö T Ü VW Ù TÙ W WU Ù N W Ù WÙ Ù WU X U VÙ W V IV U T U W ÛÙ T W WU W N W Ö T ÙV V VÙ W Ù Ù ÒÙ ÒÙ Ù ÙWX V ÙWU ÜÙ ÙÜ Ü ÙÜÙWV Í HÌ Ì Ì HÌ Ì Ì U ÜÜ V T Ù W WÙfi W V ÙT Ù V Ü VW V ÜÙWW T W WU VÙ WX Ì T XV WU W T W ØU WÙfi W Ù V VU Ù TÙ W WU WJ ØU ÙWX ÙV TTÙWÙ Ù V T WU WÙfi W U T ÙV WU ÙWX M X U WU WX W W U T WU T W WU W T WU ÙÜÙWV Ù Ù ÙWX Ø V V U W WU N WH WU N W Ö T Ü VW V ÜÙW X WU Ù Ù Ù V W Ü X WU W Ù U W V T V T W WU W WU W ÙV Ù ÙY T X Ô ‐Ö fiW Õ ÙY WÙ H V ÙT ÙY WÙ U V WU WÙ W X IW IWU T X ÜÙW V Ù V V Ù V Ü WU M WÜ W VÙ VV T Ö VVÙ WÙ MÙ ÙVÙ U Ù V T Ø W Ü X ? W W U Ù Ù Û Ù W W X Ü VVÙ WU W Ù W U U ÙV Ù V T V Ü T ÙV Ù T Ù Ü TH Ü TH Ù W V ÙWX W VV Ù WV ÙV VV X W WU W Ù Ü W U Ù V Ù WU Ù W Ù VV Ù WV ÙV Ù T ? ?Ô U Ù V X T WUÙV Ù W ? Ü W VU W Ù V WU W X Ü WÙ T Ù T W VV Ù WV Ó Ù Ü WÙ T U J http://www.myfloridalicense.com/dbpr/abt/index.html X Ù WU ffi W Ì Ï Ï ‐ Ì Ù N WV ÙT Û Î Ì Í Appendix 11: Special Event Signage Ù N W Ù VH Ù TÙ VH Ü X T X WU Ù N WV Õ Ù T UÙ Ù TÙ Õ Ù Ù V W W WUÙV TÙ Ö V T VÙ VH Ù TÙ W W ÙÜÙW T W WX VH WÙ V T Ü VW Ù H Ü VW ÙT WÙ Ù T WU VÙW TI WU VÙ Ù ÒM WÙ Ï ÙV Ù T W Ü X N W Ù V T Ü VW W T WU Ù WÙ Ü W WU WÙÜ V ÜÙVVÙ DEFINITIONS: Ü J VÙ W V T WW U T W WU T V UÙ U ÙW ÙV W TH W V W T X ÙWV Ü T Ü VW W ÜÙ WU VV V WÙ VU J W Ü X VÙ Ù UW Ù UW Ù VÙÜÙ Ü W Ù WU W ÙV Ü W T W Ù TÙ Ö Ü WÙ V Ù T WU V V T W U V V T Ù VH W T WÙV V Ù WV Õ Ü W V V ÙÜ V V T WÙ W U X Ù J VÙ WÙ WU UÙ U WU X VXÜ V U ÙWU W Ü WÙ X WU U W Ù W Ù Ü V Ü H WÙÜ T W Ü W ÙWV H Ü X WU U Ü W WW V VXÜ V Ü W T Ù W Û VXVW Ü MÙ WÙ Ù J Ù V T VÙ T W ÙT TÙ WÙ W T VW Ù T UÙ W Ù VW TÙ Ù J VÙ WU W ÙV W WW U T W Ù TÙ W Ù Ù VJ Ù V WU W W T Ù VÙT Ù TÙ H H WU Ù ÙWX WU W Ù W T T W ÙVÙ X W WU V ÙWUÙ WU Ù ÙWXH H Ù TÙ Ò J T VÙ VXÜ WU W V WV T WH ÙT WÙWXH V Ù Ó Ù Ù J W VÙ Ü W T W Ù Õ Ö ÜÙV Ù J VÙ TÙ WÙ WW WÙ W V Ù Ù VÙ VVH T WH V Ù H W W Ù Ü W W WÙ ÙWXH WU ÜÜ Ù WÙ ÙWX WU W ÙV W V TH T TH Ü W TH ÙVU TH T W T W WU WX UÙ U WU VÙ ÙV W T Õ Ö ÜÙV Ù J VÙ U V Ü VV T T VÙ W V W VÙ VVH VVÙ H T WH V Ù H WH WU ÜÜ Ù WÙ ÙWX V TH TH T W T WU V Ü WX U WU VÙ ÙV W T Ö W Ù J VÙ W Ü W X WW U T W WU T Ù TÙ H T VÙ X Ü VÙ TÙ X U T W V Ï Ù N WV ÙT Û Î Ì Í Ö Ù Ù J VÙ T T WU WU ÙWX T X WU ÙY T Ü W Ù Ù VH Ù TÙ W Ù VÙ VH WÙ VH Ù V WX VÙ VH VÙ V T X V U WU ÙY T Ù Ù WU Ù U WUH V WXH H Ù H X Ù TÙ Ù VW WÙ Ø Ü X Ù Ø Ü X VÙ V X VÙ V W Ù W T T Ü W Ù VW WÙ XH WU V VÙ V Ù W T T W V T ÙÜÙW T Ù T WÙÜ V V V U V Ù V Ù WV V VH Ù WU V W WXH V WÙ ÙWÙ TÙT W V VÙWÙ VH Ü X Ü VV V V WÙ WU ÜÙV V Ù ÙT W Ù Ü WÙ Ù VW WÙ V P X Ù TÙ J Ù VÙ WU W ÙV V T W TÙ W V W V Ù Ù WÙ V Ù WVH WU V VÙ V Ü X W Ù X W W T Ü Û W TTÙWÙ Ù Ü WÙ W WU W WU WU TÙ WÙ SIGN REGULATIONS: Í Ù Ü X W T ÙWUÙ WU Y VJ WU Ù Ù UW XH WX Ù Ù W U ÙW ÙV ÙVÙ Ü Ù UW X Ù U Ù WXH T WX Ù Ù W U ÙW ÙV X ÙVÙ W WU Ù W Ù WU V Ú W WX Î Õ X Ù VÙ V Ü X W T ÙWUÙ WU ÙWX Ù UWV X V V WH V Ù W VÙ V Ü X X T ÙWUÙ WU ÙWX Ù UWV X T WU Ù Ù ÜVW VJ WU V Ù W ÙV ÙWX T T WU V Ù WÙV ÙWX V V T WW T WÙ Ù W T WU V Ù W ÙV T W ÜÙ TH Ù WU ÙWX?V V Ú T Ü WH W V Ù Ù W VÙY W W X Ù TÙ Ù Ü WÙ VÙ V W Ù V WX V V Ù V W T WX T X ÙVÙ Ü WU Ù W Ù WU WX VU W W Ù VW WU W Ü W ÜÙVVÙ VÙ T VU X W T Ù U WU T V WX T Ü Ù ÙWU WU Ù V Ï Ô WÙ WU W Ü X VW T Í Ï T XV Ù W WU W T Ü VW Ü T W WU Î T XV W WU W Ù V W ÜÙWW T ÙWUÙ VÙ UW W Ù VH T VU W W T ÙV V U X V W VW W Ù W V WÙ ÙVÙ Ù ÙWXH WU VÙ VH VÙT ÛVH WÙ VV ÛVH Ù TÙ W V T VÙ V VÙ V WU W W Ù WU Ü T Ü VW W T V WU W WU X ÙVÙ Ü ÙWUÙ WU N W VÙW X Ù N W VÙ V Ü VW Ü X ÙWU WU Ù U WJ Ù N WV ÙT Û Î Ì Í Allowable Signage Type Regulation Location ROW On- Premise Interior to Site only V Ó ÙÜ Ü Ì Ü VW V T ÙWU ÜÜ WV T VW T V X Ù VW Ü W Ù W Ù H W V H Ü X W VW T W W V TV Ù W V VU W VW W WU VÙ VH Ù TÙ V VÙ UW ÙVÙ Ù ÙWX Ü W ÙVWVH Ù X ÙVWV T VW Ù V ÔI Q V Q V Ö V Ó VW WW U T X W WU ÜV WU Ó X X Ù VW T X ÙWX W W WU V WÙ V ÔN Í VW T N W WÙ ÖÙ F N W WÙ Ù W F N W WÙ ÔN WU F P W WÙ ÔN WU F N W WÙ Q V ÔI ÔI T WÙVÙ V F P Ù T Ù V Ó ÙÜ Ü Í Ì W Ù U Ù UW ÔI ÔI Q V Ü V Ó W U Ù UW T Ù ÔI Q V Q V W V Ó VW VW T T V T ÔI ÔI Q V Ü WÙ Ù V Ô ÙÜÙW ÔI Q V Q V MÙ WÙ Ù V W Ù U Ù UWI Ï Ù Q V Q V Q V P X Ù TÙ Ù V ÕP H W Ù U Ù UWI Ï Ù ÕÔ ØN W Ù U Ù UW Ï Õ ÜÙV VÙ V Ü X X Ù VW T X ÙWX W VV T W T Q V Q V Q V Ö Ù Ù VH Ù TÙ Ù Ó VV TV Ó X X T X ÙWX W Ü W WU ÙWX Q V Q V ÔI U X VÙ V Ù WX V Ö Ù Ù Q V QN QN Ù N WV ÙT Û Î Ì Í Appendix 12: Parking Facilities ÛÙ V V VW T X WU T WU Ù W VH V V VH T V T VW Ù Ù T W WU T W W W V Ù X ÙT ÛÙ V V ÙW ÙV UÙ ÙW T T Ù V W Ù ÙÜÜ TÙ W WÙ X ÜÙW T X Ù UÙ ÙW T Ü U VÙ ÛÙ V V W WV TTÙWÙ XH VÙ V ÛÙ V V ÙV W W T Ö T V VW X T W Ü Û WU Ù VWV V X V VVÙ W V V V City of Delray Beach & Palm Beach County Parking Lots NAME OWNER NUMBER OF SPACES City Hall Parking Lot ÙWX Í Ï Í City Attorney Grass Lot ÙWX Ì Old School Square Garage ÙWX Ì Ì Old School Square Valet ÙWX Ì Gleason Street Lot ÙWX Atlantic Dunes Park ÙWX Í Î Í Anchor Park Lot ÙWX Î Sandoway Lot ÙWX Í Marriott/Orange Grove Lot ÙWX Ì Library Surface Lot Ö Ü U WX Í Î Courthouse Parking Garage Ö Ü U WX Í South County Administrative Center Campus Ö Ü U WX Ì Ì Ù N WV ÙT Û Î Ì Í Appendix 13: Emergency Medical Operations and Fire Safety ØU M X U Ù I V M WÜ W U V WU fi WU ÙWX W T W ÜÙ Ü TÙ V Ù Ù Ü WV W V Ù WV ÙWUÙ WU ÙWX ØU ÙT Ù Ö WÙ T H Ô Ö Í VW W VJ Í Ì Í Î ØU Ñ VU ÜÙWW T W W WT WV V U V Ù V T Ù V V ÙW W Ù V W VV Ü X UÙ V VV W fi W WÙ Ù Ü W Ü W VW TVH VVÙ WUVH T UÙ ÙWV T WU W U Y T V TÙWÙ V T V W Ù T WX Í Ì Í ÒÙ WX N WÙ ØU Ñ VU ÜÙWW T W T Ù V WX WÙ Ù T ÙWU WUÙV V V WÙ Í Ì Í Í P U Ù V WX WÙ ÙV Ù T X WU ÙVÙ V WU T H ÙW VU Ü X ÙWU WU Ù J Í ØU Ù V WX WÙ VU Ü T X V V W W WU Ñ Î ØU Ù V WX WÙ VU Ù T ÙWW VV VVÜ W V WX Ü V V TÙWÙ V ÙVW T Ù Í Ì Í Î ØU Ù V WX WÙ VU T X X WU Ñ T VU T W T V Ù V TÙWÙ V Í Ì Í Î ÒÙ V WX WÙ V VU Ù T VV VVÜ W WU Ù TÙWÙ V T W T Ù W V WX Ü V VJ Í Ô W WU WV T WU WÙ Ù WV T WW T V Î VV T VV Ü Ü WH Ù TÙ T T VÙWX ÜV Ó TÙ Ü Ù V Ï Ù U Y TV Ö Ü W T W Ü X VW W VXVW ÜV WU TÙWÙ V N WU Û V Ù Ù WU TÙVW V Ñ Y T V Ü W Ù V Ù ÙT WV ÙWUÙ T WU Ù ÙWX Í Ì WÙ VUÙ V Ü Ù ÙWX Ü Ü WH W WÙ Ù WVH Ü X V V Ù VH T WU V U Ù Ù WU WV ÜÜ T W T Ù WU Ù ÙWX Í Ì Í JÍ Î Ï Í Î Í Ì Í ÒÙ V WX WÙ V VU Ù T VV VVÜ WV WU Ù TÙ VXVW ÜV T Ü Ü W W V UÙ U Ù ÙV T WU V WX Ù ÙWX WVH T V U VV VVÜ WV VU VÙT V Ù V Ù W W WU Ù ÙWX Í Ì Í JÍ Î Ï Í Í Ì Í Ï W T X Ù Ö V P U Ù T X WU Ñ H VW T X fi V VU ÙT T T Ü X ÙWU Í Í Ù N WV ÙT Û Î Ì Í Appendix 14: Road Closures ØU Ù TV WU Ù U W VVÙ Ù T V Ó Õ Õ M T WU TV VVÙ Ù T V ÜÙ TV WU V Ù N WV ØUÙV W V ÙT WÙ Ù V WU Ú ÙVTÙ WÙ VUÙ WU Ù T W W H WXH ÙWX X W W WX T Ù Ù ÜÙW Ü WU V Ù V ØU ÙWX Ù Ü W T V ÜÙW WU ÜÙW Ù WÙ W W T WX T V V W T W Ù N WV WU W U V TÙWÙ X T T WU W T W V T TTÙWÙ H Ù WU ÙV Ü T VW Ü WU Ü W T T VW W Ü X U V W T ÙWU WU W WÙ W U ÙÜ W WU ÙWX Ñ Ù N WÙ W VH T VÜ X VW T W T VW WÙ V W T W WU V Ù W ÜÙ ÙÜ Ü WU T XV Ú W T T V U Ü T VW Ü T Ù WU VW W Ü X STREET NAME LIMITS CLASSIFICATION JURISDICTION U.S. 1, Federal Highway (5th & 6th Avenues) South City Limit to Linton Boulevard Minor Arterial State Linton Boulevard to S.E. 10th St. Minor Arterial State S.E. 10th Street to approximately Bond Way.Minor Arterial State Bond Way to North City Limit Minor Arterial State I-95 Principal Arterial State Atlantic Avenue DESIGNATED EVACUATION ROUTE Military Trail to I-95 Principal Arterial State I-95 to Swinton Avenue Minor Arterial State Swinton Avenue to S.E. / N.E. 5th Avenue Minor Arterial City Federal Highway to A-1-A (East 5th Avenue)Collector State A-1-A (Ocean Boulevard) DESIGNATED EVACUATION ROUTE City Limits Collector State Congress Avenue City Limits Principal Arterial County Military Trail City Limits Principal Arterial County Linton Boulevard DESIGNATED EVACUATION ROUTE West City Limits to Federal Hwy. Federal Highway to A-1-A Minor Arterial Collector County County Dixie Highway Linton Boulevard to South City Limit Collector County Lake Ida Road Military Trail to Congress Avenue and Congress Avenue to Swinton Avenue Collector County Gulf Stream Boulevard Seacrest Boulevard to Federal Highway Collector County Ù N WV ÙT Û Î Ì Í Road Closures (Continued) WU W Ü T VW ÜH V WU H WU Ü XH WU UÙ Ö Ù T VÙ VU U WU WU ÙWX W Ù WU W WU Ù UW P X ÕP T ÙÜÜ TÙ W X T T UÙ W Ù WÙ W V Ü X VW T W T W WU T XV WU WÙ Ù W T T W IWÙÜ ÙÜ W Ü T VW Ü WU W Ù W Û T Ù WU Û T Ù U ÙÜ W V U V W VH WU ÙWX Ù WÙ X Ö Ü U WX U MÙVW Ù W Ù ÙWÙ VV WU Ù WX Ì W U T T Ù UWX Í Ì T XV Ù W WU W W Ù W Ü VW V ÜÙWW T WV WU W Ù WU TÙV WÙ WU Ü W Ù ØUÙV Ù T T V V Ù TÙ ÛÙ V V V T V V Ì Ù N WV ÙT Û Î Ì Í Appendix 14.1 –Temporary Traffic Control Plan (TTCP) Checklist City of Delray Beach TEMPORARY TRAFFIC CONTROL PLAN (TTCP) CHECKLIST Ô W Ü X W Ù W Ü X ÙÜ Ü W T X Ù VW WV ÙWU WU ÙWX M X U ÙWU W ÙWX ØUÙV U Û ÙVW ÙV ÙT T W VVÙVW T VH W W VH T V Ù W Ù WV Ù T Ù W Ø Ü X Ø Ù W Ö V ØØ Ö?V UÜ WV W WU ÙWX Ù UW X Ö V W WU ÙT Ó Ù Ü Ø Ù W M Ù V Ó Ø M H Ö W J Ø Ü X Ø Ù W H VÙ Ù Ü WÙ Ù ØØ Ö?V T WX Ù ØØ Ö Ü V UWW JII T W VW W VIW Ù WÙ VIÕ WÙ VIÓ Ø M VUWÜ ØU ÙWX VU Ù V W X V T W Ù T W W V W Ù V T W U ÙY W T WÙ V Ü Ù W Ù T Ü VW WÙ V H V T U Ù W ÙÜ V Any closure on a State or County road must be approved by those agencies before a permit can be issued. LANE CLOSURES ØU V V Ü VW ÙÜÙW T Ù T WÙ T V WÙ ØÙÜ V T T W V V Ü VW VW W T WU T Ù WÙ ROAD CLOSURES T V V Ü VW T X WU ÙWX N Ù T Ü X X V T U WU WX V W Ü X W Ù W VÙ WU Û Ù T M W W V T WÙ Ù WÙ V Ü VW V ÜÙWW T W ÙWX W VW WU ÛV Ù T ØU T V V Ü VW ÙÜÙW T Ù T WÙ T V WÙ ØÙÜ V T T W V V Ü VW VW W T WU T ØØ Ö N W Õ ÙY V Ù T W WÙ X WX V T VÙT WV WU W TÙ W X W T X WU W VW W V V W VW W Î ÛV WU W Ö WÙfi WÙ Ü VW V ÜÙWW T W WU Ù N WV Õ fi Ù W WU W TRAFFIC CONTROL DEVICES W Ù W VÙ V T T Ù V VU WU ØØ Ö Ü VW Ù T X Ù Ó Ø M VÙ Ü H TÙÜ VÙ T T V Ù WÙ VUÙ Ù I T Ü VW V T V V WU Ù VW WVJ T VÙY H TÙV X T W WÙ WU ØØ Ö ● Atlan?c Avenue ● T ÑÙ U X ● W W W Í ● ÒÙ W T ● VV ● ÓÙ ÙW X Ø Ù Í Ù N WV ÙT Û Î Ì Í U WÙ V VH U ÙYÙ T Ù VH Ù Ù UWVH W VH T W Ù V WU ØØ Ö T Ù V Ü VW Ü X ÙWU ÙT Ó Ø M ÒÒ V Ü VW U Ü W Ù Ù Ù Ù WÙ V TRAFFIC SIGNAL OPERATION AND EQUIPMENT T WÙ W Ù VÙ V T W Ù VÙ T W WÙ T Ù V ÙWUÙ WU W Ù W V Ù VÙ WÙÜÙ ÙV Ù T Ù WU ØØ ÖH V Ù X U V T WU Ù WV ØUÙV Ù T V U Ù VÙ WÙ V W VUÙ TH Ù T WÙÜ PEDESTRIAN/BICYCLE SAFETY V H M Ü Ù W T VW Ù W Ü VW Ü Ù W Ù T Ù H WU U T T WU Ù X ÙVWV Ü VW U V W W ÙT WU U TI T WU U T VW Ù I Ù X W Ù VH T W VH WUV T ÙWV WU ØØ Ö X VU T V Ù WÙ T WÙ W Ù W T Ù VH Ù TÙ V T Ù T VH ÙWUÙ WU T VW Ù ?VI Ù X ÙVWV V W W ÛI ÙT WU ØØ Ö PARKING T W ÛÙ Ü VW ÙT WÙ Ù T X WU Ù W WU WÙ Ù W T WW T ÙWX T ÛÙ VW Ù WÙ V Ü VW X VW T ÜÙ ÙÜ Ü Ï U V WU W ØU Ù ÙÜ Ü W WÙ Ù W WU V WU W W IT Ö ÛÙ VW Ù WÙ V Ü VW ÙÜÙW T Ù WÙÜ V WÙ VW Ù WÙ V Ü X X V T U WU WU WX V W Ù W VÙ WU Û Ù TH U ÛÙ T Ü T V X ÜÜ T W T Please contact the City of Delray Beach Environmental Serviced Division at 561-243- 7295 for any questions related to TTCP’s, including closures, detours, traffic signal operations, and temporary parking restrictions. Once the TTCP is approved it must be available for inspection on-site at all times. City may require field changes to the TTCP to maintain public safety or due to weather or other changes in conditions. IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í Î Appendix 15: Outside Agencies ØU V WVÙT Ù V WU W Ü X U WU ÙWX V Ü V W X W Ù M X U P UÙ WU Ù N WV Õ Ù Ù WU TÙ W WU V V Ù V X U H X VU T Û T WU V V WV X W ÙT M WÜ W Ø V W WÙ J ÜÙWV WU V ÙT M WÜ W Ø V W WÙ Ù UW Õ P X Ü VW Ù T WU U WU ÙWX TÙ Í Ï ? ÙVW W W TV Ö Ü U WXJ ÜÙWV WU V Ö Ü U WX Ù UW Õ P X Ü VW Ù T WU U WU ÙWX TÙ Í Ï ? ÙVW WX TV IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í Appendix 15.1 – State Road Closure Information T ÙWU Ï Ì WU ÙT W W VW W W VH Ù W W Ü X V W W Ù UW X WU W Ù T V WÙ VÙ ÛÙ ÙWU WU ÕP TI V V Ù WH WU ÙWX Ü VW T W ÜÙ U WU W Ü X VÙ WU T ÙV VV X WU W Õ ÙW ÙV T W ÜÙ T WU W WU T V ÙV VV XH WU Ù W Ü VW X V U Ü WU ÙT M WÜ W Ø V W WÙ MÕØ ØUÙV VW Ü VW ÙT T W WU MÕØ VV WU Ì T XV Ù W WU W WU W Ù V WU Ü W V WU VW W T Ø Ü X VÙ W W T Ö ÜÙW ÙV Ù T WU W ÙV ÙÜÙWÙ VW Ù WÙ WU fl W fi Ù X W fi W T Ù Ù VH VH VÙ VH Ü VV T WU VW W T V Ö ÜÙW ÙV Ù T Ø Ü X VÙ W W T Ö ÜÙWH Ü Ì Ì Ï Ì H T V Ö ÜÙW U V Ù W T X V H Ù Ù T ØU Ù Ü VW Ù T T ÙWU WU VWJ Ü VU Ù WU W WU WH Ü Û T Ü Ù TÙ WÙ WU W Ü X T W V W WÙ ÙY T X WU Ù T VU Ù WU Ü W Ù W VÙ V VW WÙ Ù X fi V fl Ü T WÙ V Ù T V T V VV X W T W WU W fi Ù V T fi Ù W Ü Ó Ù W Ø fi H ÓÕØH WÙfi T X Ù P ÙWW Ü WU ÙW T W W V VW T Ù WU V T W WU V Ù W Ù V X Ü ÙT W X VV V VÙ WU VW W T VU W WU V T WÙ ÜÜ Ù WÙ ÙWÙ VH W U T W T Ù Ú WÙ ÙWU V Ù W T T Ù ÙWÙ X WU Ü W WÙWX M WÙfi T X W Ü WU ÜÙ W V T X V U T T Ü WÙ H T X W T V WÙ H WU Ü W WU ÙWX WU ÙYÙ WU V Ù W ØU Ü W WU ÙWX Ü XH X V WÙ H T VÙ W VÙWÙ ÙWUÙ WU W TX Ó X H ÙWX Ó H W W WU ÙY T VÙ WU TX WW U T M fi ÙWÙ VJ ? Ù N W? Ü V W VWÙ H T H U ÙWX T Ù H Ù H T T Ù H H H Ü W T H VÙÜÙ WÙ ÙWÙ V Ù W VW ?Ø Ü X VÙ ? Ü V WU VW Ù H T W Ù H WU ÙV VW Ù WÙ W fi fl Ü UÙ W fi V VW W T cumulative period of fifteen minutes or more. N WÙ VJ Ù WV T fi ÜÙ WU W T W Ù Ù ÙWW Ù T WU Ù J Ø Ü X VÙ Ü W T U W fi V V T T Ü W V IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í Ï W W fi W U Ù W V WÙ H Û WU H Ù X W Ü Ù T X Ù V W T U WU ÙV T W W fi T VW VH WU fi ÜÙ H WU W T V W Ù W Ü X V H XV W fi WÙ VH T T V W ÙÜ Ù UÙ T VW Ù W fi VW W ÜÙWV Ù Ó Ù W Ø fi ÓÕØ Ü WÙfi T Ù V ÜÙWW T District 4 Road Closure Event Notice Ø W Ù Ü WÙ Ù Û GN NT ÙWÙ G WW W Ù W T Ù Û GNTÙWG Event Title:Click here to e nter text. Recurring (Y/N):Choose a n item. Date of Event:(Month/Day/Year) Start Time:(Start Time) End Time:(End Time) City:(City) County:(County) Event Route:(Identify closed roads) Detour Route:(List of roads on detour) IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í Appendix 15.2 – County Road Closure Information IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í Ì IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í Í IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í Î IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í Appendix 16: Downtown Core Map IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í Ï Appendix 17: City After Action Report IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í CONTENTS EXPLANATION OF TERMS ..........................................................................................................................85 INTRODUCTION......................................................................................................................................... 86 AFTER ACTION REPORT OVERVIEW.......................................................................................................... 86 STRENGTHS................................................................................................................................................87 AREAS OF IMPROVEMENT .........................................................................................................................87 RECOMMENDATIONS.................................................................................................................................87 CONCLUSION AND NEXT STEPS................................................................................................................87 IMPROVEMENT PLANNING MATRIX ......................................................................................................... 88 EXPLANATION OF TERMS Examples: AAR After Action Report CAD Computer Aided Dispatch ESD Environmental Service Department PW Public Works EOC Emergency Operations Center DBFR Delray BeachFire Rescue DBPD Delray Beach Police Department DEM Division of Emergency Management PBC EOC Palm Beach County Emergency Operations Center DEP (Florida) Department of Environmental Protection PBC FR Palm Beach County Fire Rescue PBSO Palm Beach Sheriff’s Office EOD Explosive Ordinance Disposal HAZMAT Hazardous Materials ICP Incident Command Post MCP Mobile Command Post ICS Incident Command System IC Incident Commander PIO Public Information Officer SOFR Safety Officer LOFR Liaison Officer OSC Operations Safety Officer LSC Logistics Section Chief PSC Planning Section Chief FSC Finance Section Chief NIMS National Incident Management System IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í INTRODUCTION Include brief synopsis of event here. Sequence of events: Include detailed sequence of events here, if available. AFTER ACTION REPORT OVERVIEW This report is a compilation of information from the different departments and staff who participated in the operations of ______________________ event. The recommendations in this AAR should be viewed with considerable attention to the needs for a safe city. In some cases, departments may determine that the benefits of implementation are insufficient to outweigh cost. In other cases, departments may identify alternative solutions that are more effective. However, each department should review the recommendations and determine the most appropriate action and time needed for implementation. The issues addressed in this AAR are being requested to be reviewed and thoroughly examined for the appropriation of needed resources to ensure the functions of incident response, stabilization and notification are efficient and effective. Event Location: [Insert address of event location here] Duration: [Insert event dates/times] Event Producer: [Insert Sponsor here, if applicable] Total City Services Funding Expended: [Insert total of City fees and charnges] Type of Event: Athletic Event Block Party –Residential Event Block Party –Nonresidential Event Parade Event Private Event IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í Public Event - Minor Public Event - Intermediate Public Event - Major Other: _____________________________________________________________________ Participating Organizations: [Insert organizations here] STRENGTHS List strengths here. AREAS OF IMPROVEMENT List Areas of Improvement here. RECOMMENDATIONS List Recommendations here. CONCLUSION AND NEXT STEPS Insert Conclusion here. IÎ IÎ Ì Í Ï JÏ ÖÓ Ù N W ÙT Û Î Ì Í IMPROVEMENT PLANNING MATRIX IMPROVEMENT PLANNING MATRIX Area of Improvement Improvement Action Responsible Party/Areas Targeted Completion Date Status 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) List and attach any supporting documentation (EAP’s, IAP’s, permits, MOU’s etc.): Adopted 9/8/2016 City of Delray Beach Special Events Policy –September 2016 Page 1 of 9 CITY OF DELRAY BEACH SPECIAL EVENTS POLICY September 2016 Purpose The City of Delray Beach (the City) recognizes that Special Events (events)provide opportunities to promote community welfare and quality of life, to build a sense of community, to enrich cultural opportunities, to draw visitors to Delray Beach, and to contribute to the economy of the community. Therefore, the City is committed to quality events that offer significant cultural and entertainment enrichment for the community at-large, while fitting within the existing capacities of the City’s resources and infrastructure. The purpose and intent of this document is: To preserve the City’s character while protecting the health, safety and welfare of the citizens, businesses and visitors of this city. To ensure the City of Delray Beach will have adequate advance notice of a proposed special event and the cooperation of the Producer(s)to adequately plan City services, such as security,sanitation,parking,and traffic control that may be required for such an event. To establish a straightforward and accountable process for event producers enabling the City and other public agencies to manage these events in a cost-effective and well- coordinated way. To ensure that the City’s infrastructure and facilities including,but not limited to,beaches, parks, and public rights-of-way are protected and conserved by limiting the number and types of events held in these areas. To establish procedures to ensure that the City is compensated by event producers for their use of City resources. Authority The City Commission has authorized the City staff to administer this policy through Section 101.32 of the City’s Code of Ordinances (as amended in Ordinance 28-16). In accordance with Section 101.32, the City Manager authorizes the Special Events Office (SEO) to serve as designee to approve events, except for new major events. This Policy is intended to work in concert with all other applicable rules, regulations, laws, and ordinances of the City of Delray Beach and other applicable governmental entities. The City reserves the right to amend the document over time, as it deems necessary. Definitions The following definitions shall apply to this policy and shall be used in the application of this policy: SPECIAL EVENT -shall mean an organized or planned gathering of persons having a common purpose, design, or goal, that is to occur on City-owned, City-controlled, or private property that has an overt impact on the services that are regularly provided by the City, such as health, fire and police. Special Events shall include, but are not limited to, festivals, fundraisers, exhibitions, musical performances, races, parades, and athletic events that: Adopted 9/8/2016 City of Delray Beach Special Events Policy – September 2016 Page 2 of 9 (1)Require street closings or detours such that the usual flow of pedestrians or vehicular traffic is inhibited; or (2)Utilize City property above normal usage; or (3)Are intended to or likely to attract substantial crowds; or (4)Are unlike the customary or usual activities generally associated with the property; or (5)Require the use of City resources, financial or otherwise, in excess of the City’s normal day to day operations; or (6)Any additional criteria as deemed by the City Manager. ATHLETIC EVENT – shall mean participant-oriented, active, group sporting activities, typically governed by a set of rules or customs, that may or may not be competitive in nature, but are pursued for exercise or pleasure, and include such activities as field activities, club sports, 5/10 k runs or races, bicycle races, group bicycle expeditions and such activities that take place on a pre-approved standard route. These events may or may not include a beer garden at the end of the sporting route for the registered participants. Athletic events also include events that are health or wellness oriented, such a beach volleyball tournaments or fitness classes, that occur on City-owned property, City-controlled property, or that overtly impacts the municipality requiring the support of City staff or City resources. BLOCK PARTY EVENT – shall mean an event organized by either a Homeowner’s Association with 51% of the homeowners (generally not open to the public) or by 51% of the businesses on the same block (generally open to the public) which closes a limited number of blocks on a contiguous local street with not more than one lane of traffic in either direction, excluding turn lanes. DOWNTOWN CORE – shall be considered the same as the City’s Clean and Safe District for purposes of this policy – see Exhibit 1 for map. HOMETOWN CITY EVENTS– shall mean events related to Veteran’s Day, 100’ Christmas Tree, Holiday Lighting Ceremonies, Holiday Parade, First Night, Fourth of July and others that may be designated by the City Commission. The City may at its discretion agree to produce, co- produce and/or sponsor a Hometown other E events. PARADE EVENT – shall mean any planned movement of persons, vehicles or animals on the streets, sidewalks, right-of-way, path and other public property of the City including parades, motorcades, processions or marches except for road races which are recognized in this policy as an Athletic Event. PRIVATE EVENT - shall mean any Special Event that is to occur on private property that does not overtly impact the municipality and requires minimal support from the City’s resources. These may include but are not limited to grand openings, free food giveaways, onsite radio and television broadcasts and private events on non-residential private parcels that are not part of the normal operation of that lot, site or parcel. PRODUCER - shall mean any individual or organization that is responsible for all aspects of an Adopted 9/8/2016 City of Delray Beach Special Events Policy – September 2016 Page 3 of 9 event (advertising, marketing, talent costs, insurance, hold harmless agreement, et al.) and is responsible for all revenue and expenses for that event. PUBLIC EVENT - shall mean any Special Event occurring on City-owned, City-controlled property or that overtly impacts the municipality requiring support of City resources. These may include but are not limited to festivals, fundraisers, theatrical exhibitions, concerts, musical performances, public shows or entertainment, sporting events, film events, transient amusements, exhibitions or outdoor gatherings. SPECIAL EVENTS OFFICE - The City of Delray Beach Special Events Office (SEO) serves as the single point of contact between city departments, event producers, and members of the community as it oversees organized events through the coordination of enterprise-wide functions and issues all event permits. SPECIAL EVENTS TECHNICAL ADVISORY AND ASSISTANCE COMMITTEE (SETAC) - The SEO serves as the chair of the Special Events Technical Assistance Committee, which will include at minimum, representatives from the following departments and agencies; City Manager’s Office, Community Improvement, Economic Development, Emergency Management, Environmental Services, Finance, Fire, Parks and Recreation, Planning-Zoning-Building, Police, Public Works, Risk Management, and any other agency, department or organization necessary to the coordination of and operations for special events. SETAC has three key responsibilities including: 1) as a recommending body to SEO on event permit applications (recommendations may include approval, conditional approval, denial, rescheduling or relocation of an event); 2) for operational support and oversight of permitted events to ensure public safety and operational standards are met and maintained; and 3) for post-event debriefing and evaluation. Types of Events Permits Based on the information submitted on the event permit application, events will be classified as one of the following: Event Permit Type Number of Days City Services Anticipated Total Attendance Road Closures** Duration of Road Closure Impact Athletic Event (NIMS 1-5*) Varies Yes Varies Yes Minor and Major Rolling Closures and/or < 6 hours Block Party < than 1 day No < than 150 Yes Neighborhood Road Up to 2 blocks only < 6 hours Parade Event < than 1 day Yes Varies Varies < 8 hours Private Event Varies Minimal Varies No N/A Adopted 9/8/2016 City of Delray Beach Special Events Policy – September 2016 Page 4 of 9 Public Event – Minor (NIMS 4 – 5*) < than 1 day No < than 5,000 No N/A Public Event – Intermediate (NIMS 3 – 4*) 1 day or more Yes Up to 10,000 Yes Non-Major Road < 6 hours Public Event – Major (NIMS 1– 3*) 1 day or more Yes > than 10,000 Yes Major Road > 8 hours *NIMS = National Incident Management System which may direct the level of City and Public Safety service standards to be planned and deployed for Delray Beach permitted special events. ** Road Closures: A listing of Major Roads is available from SEO or can be found in the Special Events Guidebook. Annual Permit An annual event permit may be issued for reoccurring events on City-owned properties (i.e. Green Market) or for other continuous, regular programming of City-owned properties by others including, but not limited to, Delray Beach Historical Society, Spady Cultural Heritage Museum and Old School Square. Event Permit Application Submittal Deadlines, Considerations and Process An event permit application and the related non-refundable application fee must be submitted to the Special Events Office in a timely matter and meet the following initial application deadlines. Applications may also be submitted up to 24 months in advance of the event’s date. Once the application is received, the SEO will review the application and may consult with SETAC to assess and determine the proposed event’s impact on the City and the level of City services, staffing and equipment, if any are to be provided. Additionally, the SEO and SETAC will take into consideration the kind and scale of the event, security and safety issues, quality of life impacts, local economic and community benefits, promotional value and level of service demands in its review. Following the review, SEO will determine whether an event permit will be approved or denied for all event types except for new major events. New major events will be approved or denied by the City Manager or designee on recommendation by SEO. Event Permit Type Initial Application Deadline (Days Prior to Event Date) Athletic Event 45 – 180* Block Party 45 Parade Event 180 Private Event 45 Public Event – Minor 45 Public Event - Intermediate 90 Public Event – Major 180 * Dependent on the size and nature of the athletic event. Exemptions Adopted 9/8/2016 City of Delray Beach Special Events Policy – September 2016 Page 5 of 9 The following events or activities may be exempt from the standards of this policy (i.e. may occur without an event permit); such activities are subject to all other applicable procedures, standards, ordinances, and Land Development Regulations (LDRs). Examples of such exemptions are as follows: Any organized activities conducted at sites or facilities intended and used for such activities that include but are not limited to: sporting events managed by the City’s Parks and Recreation department such as golf, tennis, soccer, softball, baseball and football tournaments conducted on courses or fields intended and used for such activities; wedding services at reception halls or similar facilities; funeral service conducted at funeral homes and cemeteries and regularly programmed religious services. Sporting events produced or supported by outside organizations such as the Palm Beach County Sports Commission or the Delray Beach Sports Destination Committee are not exempt from the standards of this policy. An event permit may not be required if an activity is already permitted under a Delray Beach temporary use permit, Delray Beach annual permit for the use of City property, rental agreement, operating agreement, license agreement, or other contractual agreement. Any activity by a non-Delray Beach government agency acting within the scope of its function, subject to the provision of reasonable notice to the City Manager and the event does not require city services or a temporary road closure. Discrimination Events held on City property and public rights of way must not discriminate on the basis of race, color, religion, sex, age, national origin, familial status or disability. General Policies All events conducted within the City require the issuance of an event permit by the SEO, unless exempted. The SEO shall approve all special events, provided that they meet the requirements of this policy except for new major events in the Downtown core which shall be approved by the City Commission. All event logistics, permits, licenses, permissions, agreements and/or inspections are the sole responsibility of the producer. Only one (1) Major Event may be allowed per month within the Downtown core during Season (October – May). The City Manager may waive this requirement for major events with low impact or held during off-peak demand times. Other than City events and certain minor events, no public events will be allowed to occur simultaneously or concurrently in the Downtown core during Season. Athletic events using roads are limited to two per month and no more than 12 closures of A1A will be allowed annually. The City reserves the right to further limit events based on available City resources or for public security and safety concerns. City events shall have priority and preference for booking dates and at all event locations. Any event seeking to be held on the campus of Old School Square (OSS) shall be coordinated by the OSS management team as provided for and in the City-OSS Lease and Management Agreement. Any event requiring the closure of a road must receive conditional approval by the SEO or Adopted 9/8/2016 City of Delray Beach Special Events Policy – September 2016 Page 6 of 9 City Manager’s Office before a road closure permit will be requested. Road closures on Atlantic Avenue and Swinton Avenue will be limited. Generally, event vendors may not block storefronts unless approved by the SEO. All event site plans, except for minor public, private and block party events, must become final and filed with SEO no later than 30 days prior to event date. While food trucks may be allowed during events, they may not negatively impact adjacent local businesses. All temporary signs and banners for special events require a waiver of Section 4.6.7 of the Land Development Regulations and must meet City of Delray Beach Special Event Signage requirements as stated in in the Special Event Guidebook. Amusement rides are prohibited within the Downtown core except as otherwise permitted by Ordinance. Waivers of City Ordinances for Special Events Waivers associated with events may be requested through the event permit application process. SEO and/or City Manager or designee shall have the authority to approve (or deny) the waivers as part of the event permit application process. Waivers shall not extend beyond the time period for the event. Such waivers may include, but are not limited to: 1. Noise (Section 99.05) 2. Open Containers of Alcohol in Public Spaces (Section 113.02) 3. Chapter 101. – Parks, Beaches and Recreation. Various Sections depending on the type and kind of event proposed. 4. Animals (CODE Section 101.27) (i.e. for pony rides, exotic animal displays) 5. Sale of Merchandise without a Business Tax Receipt (Section 118.03, Section 118.04) 6. Special Event Signs (Waiver of LDR Section 4.6.7) 7. Temporary Use (including temp parking areas, carnivals/circuses, Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other Related Holiday, Seasonal/Temporary Uses) (Ord. 41-03, Ord. 49-04) 8. Outdoor Retail Display (LDR Section 4.6.6) 9. Temporary Parking Areas (LDR Section 2.4.6 and 4.6.9 (E)(6) Grounds for Denial/Revocation of Permit Submission of an application does not guarantee issuance of an event permit. The City may, for any reason, deny or revoke an event permit. This includes, but is not limited to, not adhering to the event policy, event guidelines or SEO specified deadlines. In addition, a permit can be revoked if a named storm or other government declared state of emergency has been enacted with the potential to have an impact on the City. Appeal Process Event permit or waiver denials may be appealed in writing to the City Manager within fifteen (15) days of the denial. The City Manager shall consider the appeal and shall render a written decision within a reasonable period of time and will be final. Insurance Requirements The Producer is required to provide liability insurance and hold harmless agreements, with Adopted 9/8/2016 City of Delray Beach Special Events Policy – September 2016 Page 7 of 9 coverage and limits that are acceptable to the City as a condition of receiving an event permit. The City of Delray Beach must be named as an additional insured on the policy. Event staffing – Safety/Security: Staffing requirements must take into account venues, risks, type of activity, and other safety considerations in addition to the size of the event as determined by the SEO. To ensure the safety and security of the City, all events and their safety and security plans shall be reviewed by the Delray Beach Police and Fire Departments. Vendor Licenses The Producer will be required to pay a vendor license fee for participating vendors that do not have a current Delray Beach Business Tax Receipt (BTR) unless already exempted from obtaining a BTR (formerly known as Occupational License) from Sec. 118.04. Notification of Event All Producers are required to notify residents and businesses that are directly affected by the event and/or road closures 30 days before the event. Proof of the notification shall be submitted to the SEO upon distribution to area residents and businesses. Fees and Charges for City Staffing,Services, Facilities and Equipment All Producers will be required to pay for City staffing, services, facilities and equipment associated with their event. The City will produce an event fee schedule, provide a cost estimate based on the event application and will then work with the producer on opportunities for cost reduction. The City may discount fees for athletic events, Elementary and Secondary schools located in the City, for events that activate city areas outside the Downtown core, for events which occur in "off-season" (June - September) or to advance economic development. Charitable, non-profit organizations with 501(c)3 tax status will be eligible for an up to 50% discount from all standard fees except where noted. City Sponsorship of Special Events As part of the events permit application process, Producers may request sponsorship from the City. Sponsorship may include, and is not limited to, co-production of the event, in-kind services, use of facilities, financial contributions and/or discounted event fees and charges. Event sponsorships valued up to $50,000 will be approved by the City Manager while sponsorships greater than $50,000 must be approved by the City Commission. Special Event Contract Deposits, fees, charges and payments are governed by the Special Event Contract between the Producer and the City. Event Fines and Penalties Any producer found in violation of the approved permit will be fined $250 per day until the violation is corrected. The producer may also receive separate fines from the City for specific violations or citations. In addition, the producer shall be held financially responsible for any and all costs to repair or Adopted 9/8/2016 City of Delray Beach Special Events Policy – September 2016 Page 8 of 9 replace any damaged City property caused by the event. The City may perform inspections, including before, during and after the event to ensure the protection of City property. Special Events Guidebook The City will produce a Special Events Guidebook which will serve as an additional tool for event producers as they seek to permit and produce safe and successful events in Delray Beach. The guidebook interprets the Special Events Policy, and where there may be conflict, the policy prevails. Annual Review The City will review the Special Events Policy annually as well as its event fees, charges, guidebook and additionally policies relating to events. Effective Date This policy is effective for all events occurring on and after October 1, 2016. Adopted 9/8/2016 City of Delray Beach Special Events Policy –September 2016 Page 9 of 9 Exhibit 1 –Downtown Core Map for Special Events RESOLUTION NO. 42-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SPECIAL EVENTS POLICY AND GUIDEBOOK FOR THE MANAGEMENT OF SPECIAL EVENTS. WHEREAS, the City Commission held a Goal Setting Workshop Meeting on February 10, 2015 where the impact of special events on the City of Delray Beach was discussed; and WHEREAS, on June 9, 2015, the City Commission directed City staff to review the events policy and to draft new policy and uniform guidelines for special events in order to help City staff administer the production of special events; and, WHEREAS, acknowledging these needs, the Special Events Task Force was commissioned to make recommendations to facilitate Commission direction; and WHEREAS, at the March 8, 2016 City Workshop meeting, the Special Events Task Force proposed a Special Events Policy and Special Events Guidebook containing recommendations based on City Commission direction and meetings with community residents, businesses, stakeholders, and veteran City staff involved in the production and support of these special events. The Commission approved these recommendations and directed the Task Force to initiate a six-month testing period of the proposed new Special Events Policy, Guidebook and business practices; and, WHEREAS, on August 23, 2016, the Task Force reported their findings from the six-month testing period for feedback and discussion. After receiving approval and support from the City Commission, the Special Event Task Force drafted the final version of the Special Events Policy and the Special Events Guidebook; and, WHEREAS, the Special Events Task Force and the City staff involved in the production and support of these special events fully recommends adopting this final version of the Special Events Policy and the Special Events Guidebook; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to adopt the Special Events Policy and the Special Events Guidebook and finds that the recommendations contained therein to be in the best interests of the City. 2 Res. No. 42-16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Delray Beach, Florida, adopts and incorporates, as if fully set forth herein, the recitations set forth above. Section 2.The City Commission of the City of Delray Beach, Florida, hereby adopts the Special Events Policy, attached hereto as Exhibit “A”, and the Special Events Guidebook, attached hereto as Exhibit “B”, in order to help the City establish a consistent procedure for the management of special events held within the City and to ensure that the City will adequately plan City services and adequately recover the costs of City resources expended to produce and support these events. Section 3. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of __________________, 2016. ______________________________________ MAYOR ATTEST: __________________________________ City Clerk City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-889,Version:1 TO: Mayor and Commissioners FROM: Francine Ramaglia, Assistant City Manager THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 RESOLUTION NO. 42-16 ADOPTING THE SPECIAL EVENTS POLICY AND SPECIAL EVENTS GUIDEBOOK Recommended Action: Motion to Approve Resolution No. 42-16 adopting the Special Events Policy and the Special Events Guidebook. Background: The Special Events Task Force requests the City Commission adopt the Special Events Policy and the Special Events Guidebook as presented to the City Commission for discussion on August 23, 2016. Special Events Policy Highlights 1.Sets forth the purpose of the policy. 2.Defines authority for the policy. 3.Provides definitions of special events,Special Events Office (SEO)and the Special Events Technical Advisory and Assistance Committee (SETAC). 4.Provides for classification for types of event permits, including annual permits. 5.Provides event permit application timelines. 6.Provides certain exemptions from the policy. 7.Provides anti-discrimination clause. 8.Provides for General Policies including the following: a)Requires an event permit for all events. b)Provides for SEO to approve all event permits except for new major public events in the Downtown core which shall be approved by the City Commission. c)Restricts major events to one per month within the downtown core during the months of October - May (season). d)Restricts the number of events occurring in the Downtown Core during the period of October - May (season) by prohibiting simultaneous events e)Restricts the number of athletic events,using city roads,to two per month and allows no City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-889,Version:1 e)Restricts the number of athletic events,using city roads,to two per month and allows no more than 12 closures of A1A per year. f)Provides for preference for Hometown events. g)Provides that events on OSS must be approved per OSS management and per OSS management and lease agreements. h)Set conditions for road closures and limits the use of Swinton and Atlantic Avenue. i)Emphasizes event vendors may not block storefronts unless approved by SEO. j)Requires site plans to be finalized no later than 30 days prior to event. k)Bans amusement rides from the downtown core 9.Provides for waivers pursuant to various ordinances including,but not limited to,noise,open containers of alcohol,animals,sale of merchandise,event signs,outdoor retail display and temporary parking areas. 10.Provides grounds for denial/revocation of special event permit. 11.Outlines other terms and conditions including the requirement for notification of the event; deposits and payment of fees through a contract and discount of fees under certain conditions. 12.Provides for and defines city sponsorship with approval authority by the City Manager (below $50,000) and City Commission (above $50,000). 13.Provides for event fines and penalties,including the cost of any damages and/or required repairs. 14.Notes the use of a Special Event Guidebook to help interpret the policy. 15.Provides for at least an annual review of event fees, charges, guidebook and policies. 16.Provides for an effective date of October 1, 2016. Special Events Guidebook Highlights The Guidebook details the procedures and processes that will be followed by the applicant and the City for granting of a Special Event Permit in support of the adopted policies.Where there may be conflict between the guidebook and policy, the policy will prevail. The Guidebook also provides forms and more detailed information concerning the various aspects of the Special Events Policy, other requirements and useful information for the event producer. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: The new Special Events Policy is to be effective for events held on or after October 1, 2016. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ QUOTE Municipal Equipment Company, LLC 2049 West Central Boulevard, Orlando, FL 32805 Phone: (800) 228-8448 Fax: (877) 775-2448 sales@mecofire.com Number Date Page 077461 08/05/2016 DELRAY BEACH FIRE DEPARTMENT 501 W. ATLANTIC AVENUE DELRAY BEACH, FL 33444 CITY OF DELRAY BEACH SENT VIA EMAIL 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 ... Last Page 1 of 1 Ship-to:1 Bill-to:4170 Reference #Expires Slsp Terms Wh Freight Ship Via THERMAL CAMERA 10/01/16 85 JOE FOX NET 10 DAYS 01 PREPAID UPS Quoted By MF Quoted To Item Description Ordered UM Price UM Extension ECLLDXBUNDLERED BULLARD LDX 240X180 THERMAL 8 EA 7000.00 EA 56000.00 CAMERA, WITH SUPER RED HOT COLORIZATION, TEMPERATURE DISPLAY, TRUCK MOUNT CHARGER, 5 YEAR WARRANTY, COLOR RED ELECTRONIC THERMAL THROTTLE, AND RETRACTABLE LAYNARD. PRICE PER LAKE COUNTY CONTRACT #12-0806M PRICE QUOTED INCLUDE SHIPPING Merchandise Misc Tax Freight Total 56000.00 .00 .00 .00 56000.00 THIS QUOTE IS VALID FOR 60 DAYS City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-820,Version:1 TO: Mayor and Commissioners FROM:Theresa Webb, Chief Purchasing Officer, Purchasing Department THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 AWARD OF A PURCHASE ORDER TO MUNICIPAL EQUIPMENT COMPANY LLC. FOR THE PURCHASE OF EIGHT (8) THERMAL IMAGING CAMERAS Recommended Action: Motion to Award a purchase order to Municipal Equipment Company, LLC. for the purchase of eight (8) Thermal Imaging Cameras for a not-to-exceed amount of $60,000.00. Background: Delray Beach Fire Rescue’s fire apparatus are equipped with a diverse collection of vital lifesaving equipment. Included in this equipment are Thermal Imaging Cameras (TIC’s). Sight during hazardous environments is precious. As firefighters, sight can be critical to performing well at an emergency scene. During fire conditions, smoke causes a restriction our ability to pin performing core duties such as removing victims from harm and finding the seat of the fire to control it. The introduction of Thermal Imaging Cameras over two (2) decade ago has proven to be one of the most valuable tools to assist firefighters in finding victims, rescuing down firefighters, identifying the location of a fire, and determining overall safety prior to entering a hazardous environment. TICs detect, or “see” emitted heat energy through a variety of filters, including smoke and dust. They can also detect energy emitted through a door or wall, which indicates that the door or wall is hot and there is a lot of heat on the opposite side. More importantly, is the ability to quickly locate a downed/trapped victim via a quick scan. Delray Beach Fire Rescue suppression units are currently equipped with outdated TIC’s and include a combination of multiple brands of equipment that make consistency, familiarity and reliability difficult to maintain. In an effort to standardize the TIC’son all six (6) front line suppression units and the two command vehicles Delray Beach Fire Rescue will purchase these eight (8) TIC’s off of the Lake County State Contract 12-0806M through Municipal Equipment Company LLC. The quote from Municipal Equipment Company LLC for Thermal Imaging Cameras is $56,000.00.A contingency fund of $4,000.00 is requested to allow for minor modifications to this quote.To date, Municipal Equipment Company has been awarded purchases totaling $114,964.95.With approval of the purchases of these Thermal Imaging Cameras,the increased spending limit with Municipal Equipment Company LLCfor Fiscal Year 2016 will be $174,964.95. This Award is in accordance with the City Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts." City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-820,Version:1 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 001-2315-526-64.90 Machinery/Equipment/Other Machinery/Equipment. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ 55 66 Door Systems of South Florida Bid Contact Blair Novy bnovy@doorsystemssfl.com Ph 954 -935 -7000 Fax 954 -935 -7050 Address 1300 NW 15th Avenue Pompano Beach, FL 33069 Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs 2016 -135 --01 -01 Bay Doors by Station 112 with five (5) windows Supplier Product Code: First Offer - $6,200.00 2 / each $12,400.00 Y 2016 -135 --01 -02 Bay Doors at front of Station 115 with (5) windows Supplier Product Code: First Offer - $6,200.00 3 / each $18,600.00 2016 -135 --01 -03 Bay Doors at the back of Station 115 (no windows) Supplier Product Code: First Offer - $5,900.00 3 / each $17,700.00 Supplier Total $48,700.00 2016-135City of Delray Beach BidSync8/23/2016 p. 1 55 66 Door Systems of South Florida Item: Bay Doors by Station 112 with five (5) windows Attachments img -160822094803.pdf 2016-135City of Delray Beach BidSync8/23/2016 p. 2 2016-135City of Delray Beach BidSync8/23/2016 p. 3 2016-135City of Delray Beach BidSync8/23/2016 p. 4 2016-135City of Delray Beach BidSync8/23/2016 p. 5 2016-135City of Delray Beach BidSync8/23/2016 p. 6 2016-135City of Delray Beach BidSync8/23/2016 p. 7 2016-135City of Delray Beach BidSync8/23/2016 p. 8 2016-135City of Delray Beach BidSync8/23/2016 p. 9 2016-135City of Delray Beach BidSync8/23/2016 p. 10 2016-135City of Delray Beach BidSync8/23/2016 p. 11 Addendum No. 1 ITB No. 2016-135 Fire Station Bay Door Replacement Page 1 of 2 CITY OF DELRAY BEACH 100 N.W. 1st AVENUE, DELRAY BEACH, FL 33444 Solicitation Addendum Addendum No.: 1 Solicitation No.: 2016-135 Project No.: N/A Solicitation Title: Fire Station Bay Door Replacement Addendum Date: August 9, 2016 Purchasing Contact: Dukagjin Basha, Purchasing Agent THE FOLLOWING ITEMS ARE MADE AND HEREBY BECOME A PART OF THIS SOLICITATION: Change to: INSTRUCTIONS TO BIDDERS ITEM 15, SOLICITATION SCHEDULE ACTIVITY DATE Issue ITB August 8, 2016 Non Mandatory Site Visit, starting first at Fire Station 115, located at 80 Andrews Avenue, Delray Beach and then at Fire Station 112, located at 4000 Old Germantown Rd., Delray Beach August 11, 2016, 10:00AM Deadline for Delivery of Questions August 15, 2016 Due Date and Time (for delivery of Bids) August 22, 2016, 2:00 PM Institute Cone of Silence August 22, 2016 Evaluation Complete(Responsive and Responsible) August 24, 2016 Bid Tabulation Complete August 24, 2016 NOTE: Items that are struck through are deleted. Items that are underlined have been added. All other terms and conditions remain as stated in the RFP. Addendum No. 1 ITB No. 2016-135 Fire Station Bay Door Replacement Page 2 of 2 QUESTIONS AND RESPONSES: Q1. Is there any bid bond request? R1. There is no bid bond for this ITB (Invitation to Bid) Q2. What is the approximate budget slated for this project? R2. This is not a construction project so there is no construction budget or estimate. Q3. May I know what exact site location/address is? R3. Refer to ITB 2016-135, SECTION 3 SCOPE OF WORK & SPECIFICATIONS, 3. SCOPE: Fire Station 112: 80 Andrews Avenue, Delray Beach, and Fire Station 115: 4000 Old Germantown Rd., Delray Beach Q4. Do you require bonding criteria? If yes, you can indicate the percentage below. Bid bond: Performance bond: Payment bond: R4. There is no bid or performance bond for this ITB. Q5. I would like to know if I can visit both job sites to verify measurements Wednesday 8/10. R5. Non Mandatory Site visit is planned for all interested suppliers on Thursday, August 11, 2016 at 10:00 am starting at following location-address: Fire Station 115: 400 Old Germantown Rd., Delray Beach , and then at Fire Station 112: 80 Andrews Avenue, Delray Beach Q6. SECTION 3 SCOPE OF WORK & SPECIFICATIONS NUMBER (4.) GENERAL REQUIREMENTS (f) Springs are required to be 100,000 cycle. BUT (5.) Door Specifications (d.) 50 Cycles Springs. CAN WE HAVE CLARIFICATION ON SPRING CYCLE COUNT? R6. City will accept supplier’s recommendations. End of Addendum INSTRUCTIONS: Receipt of this addendum must be acknowledged as instructed in the solicitation document. Failure to acknowledge receipt of this Addendum may result in the disqualification of Respondent’s response. CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 Invitation to Bid 2016-135 Fire Station Bay Door Replacement MAYOR - CARY D. GLICKSTEIN VICE MAYOR - AL JACQUET DEPUTY VICE MAYOR - JORDANA JARJURA COMMISSIONER - MITCH KATZ COMMISSIONER - SHELLY PETROLIA CITY MANAGER - DONALD B. COOPER Purchasing Department (561) 243-7161 purchasing@mydelraybeach.com ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 1 INVITATION TO BID 2016-135 Title: Fire Station Bay Door Replacement Bidder Name: Addenda Acknowledgement Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this ITB. It is the sole responsibility of Bidder to ensure that all addenda have been received and receipt of each has been acknowledged. Failure to submit acknowledgement of each addendum issued may result in Bidder being deemed non-responsive. ADDENDA NUMBER ADDENDA DATE Submission Deadline: August 22, 2016, 2:00 P.M. ET Submissions Accepted Via: BidSync, Mail or in Person Submit to: City of Delray Beach Purchasing Division 100 N.W. 1st Avenue Delray Beach, FL 33444 Comments: A facsimile copy will not be accepted as a sealed Bid. City of Delray Beach Confirmation of Receipt (Date/Time Stamp): ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 1 CITY OF DELRAY BEACH ITB No. 2016-135 Fire Station Bay Door Replacement Contents INVITATION TO BID .................................................................................................................. 2 SECTION 1: TERMS AND CONDITIONS .................................................................................. 5 SECTION 2: BID FORMAT .......................................................................................................12 SECTION 3 SCOPE OF WORK ................................................................................................14 SECTION 4: FORMS FOR BID .................................................................................................17 Bid Submittal Signature Page ................................................................................................18 Public Entity Crimes ...............................................................................................................19 Drug-Free Workplace .............................................................................................................20 Conflict of Interest Disclosure Form .......................................................................................21 Acknowledgment of Addenda ................................................................................................22 Schedule of Pricing ................................................................................................................23 ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 2 CITY OF DELRAY BEACH PURCHASING DEPARTMENT TEL: (561) 243-7161 FAX: (561) 243-7166 INVITATION TO BID INSTRUCTIONS ITB NO: 2016-135 TITLE: Fire Station Bay Door Replacement ISSUE DATE: August 8, 2016 DEPARTMENT: Fire Rescue DUE DATE: August 22, 2016 TIME: 2:00 P.M., ET The City of Delray Beach, Florida is soliciting proposals for the provision of Bay Doors for Department of Fire Rescue as identified in the Scope of Services herein. Any Bidder wishing to submit a bid must comply with the requirements contained in this Invitation to Bid (ITB). 1. NOTIFICATION: The City utilizes the following methods for notification and distribution of solicitation opportunities: Bidsync – www.bidsync.com City of Delray Beach website Request via email purchasing@mydelraybeach.com Hard copies are available at City Hall These are the only methods of notification and distribution authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those shown above. It shall be the Proposer’s responsibility to verify the validity of all ITB documents and solicitation information received by sources other than those listed. 2. REQUIRED INFORMATION: This ITB contain various sections which require completion. Responses to this ITB (Bids) must be completed and returned prior to the Due Date and Time set for Bid opening or the Bidderr will be found non-responsive. 3. CORRESPONDENCE: The number of this ITB must appear on all correspondence, or inquiries, pertaining to this ITB. 4. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the solicitation process for this ITB shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 3 5. ADDENDA: Any interpretations, corrections or changes to this ITB will be made by addenda. Sole issuing authority shall be vested in the City Purchasing Department. Addenda will be posted and available through the City notification methods shown above. 6. ELECTRONIC SUBMISSION: Electronic Bids may be submitted through a secure mailbox at BidSync (www.bidsync.com) until the Due Date and Time as indicated in this Invitation to Bid (ITB). It is the sole responsibility of the Bidder to ensure their bid response (Bid) reaches BidSync before the ITB Due Date and Time. There is no cost to the Bidder to submit a response to a City of Delray Beach (City) ITB via BidSync. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. 7. PAPER SUBMISSION: Paper copies of Bidder’s Bid can be submitted as an alternative method. All copies of the Bid must be received on or before the Due Date and Time (local time) at the City of Delray Beach, Florida at the City Hall Lobby Reception Desk located at 100 N.W. 1st Avenue, Delray Beach, Florida 33444 in a sealed container unless otherwise indicated. It is the sole responsibility of the Bidder to utilize the forms provided in this ITB and to ensure their Bid reaches the Purchasing Department on or before, the Due Date and Time. City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays. The Bidder’s name, return address, the ITB number, ITB title, Due Date and Time must be noted on the outside of the sealed container. Included in the sealed container shall be: One (1) unbound original clearly marked “ORIGINAL”. Two (2) copies clearly marked “COPY” with all required information and identical to the original. One (1) electronic copy with all required information, and identical to the original, on a universal serial bus (USB) portable flash memory card. Electronic copies should be in Adobe Acrobat® pdf format in one continuous file. Do not password protect or otherwise encrypt electronic copies 8. BID OPENINGS: All Bids submitted shall be publicly opened at the Purchasing Office, located at 100 N.W. 1st Avenue, Delray Beach, FL or other designated City location as posted. The Purchasing Department will decrypt electronic bid responses received in BidSync immediately following the designated Due Date and Time. 9. LATE BIDS: Bids received after the Due Date and Time shall be returned to Bidder unopened and will be considered non-responsive. The City is not responsible for the lateness due to weather conditions, delivery service, internet service outages, or any other reasons. 10. EVALUATION OF BIDS: The review process will be conducted in two phases. In Phase One, the Chief Purchasing Officer (CPO) or designee shall determine whether each Proposer is responsive and responsible. A responsive Bidder shall mean a Bidder that has submitted a Bid that conforms in all material respects to the requirements in the ITB. Among other things, a Bid may be found non-responsive if the Bidder failed to provide the information requested in the Bid; 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, ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 4 misleading, or exaggerated. A responsible Bidder means a Bidder meets the minimum qualification requirement(s) of this ITB. In Phase Two, the Bid Tabulation will be completed for those Bidders that are deemed responsive and responsible. 11. QUESTIONS: Each Bidder must examine this ITB, which incorporates all its addenda, appendices, exhibits and attachments. All questions concerning this ITB, such as technical specifications, discrepancies, omissions and exceptions to any term or condition of the ITB documents, including the Sample Agreement, should be submitted in writing utilizing the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the Deadline for Delivery of Questions specified in the Solicitation Schedule for this ITB. The City’s response to questions and requests for information will be answered within the question/answer feature provided by BidSync. Additionally, all questions received and responses given will be provided via an addendum to this ITB and uploaded to BidSync. Material changes, if any, to the requirements, scope, specifications, or the solicitation process will made by official written addendum issued by the City and uploaded to BidSync as an addendum to this ITB. Submission of a Bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The questions submitted and answers provided in BidSync shall become part of any Agreement resulting from this ITB. 12. SCOPE OF SERVICES: The City is seeking bids from qualified firms for supplying and installation of Bay Doors that meets the specifications and requirements as stated herein. 13. CITY’S ACCEPTANCE: Unless otherwise specified herein, the Bidder will allow a minimum of ninety (90) days from the Due Date and Time for acceptance of its Bid by the City Manager and/or City Commission. 14. AWARD: The City reserves the right to waive minor defects, variations to specifications, informalities, irregularities and technicalities in any Bids, to reject any and all Bids in whole or in part, with or without cause, and/or to accept Bids that in its judgment will be for the best interest of the City. The City may also reject any or all Bids without cause prior to award. 15. SOLICITATION SCHEDULE: ACTIVITY DATE Issue ITB August 8, 2016 Deadline for Delivery of Questions August 15, 2016 Due Date and Time (for delivery of Bids) August 22, 2016, 2:00 PM Institute Cone of Silence August 22, 2016 Evaluation Complete(Responsive and Responsible) August 24, 2016 Bid Tabulation Complete August 24, 2016 ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 5 SECTION 1: TERMS AND CONDITIONS ITB No. 2016-135 1. SUBMISSION AND RECEIPT OF BIDS: A. To receive consideration, Bids must be received prior to the Due Date and time as designated in this ITB. B. Unless otherwise specified, Bidders must complete all questions and price blanks in the spaces provided in this ITB. Failure to do so may cause the Bid to be rejected. Bidders may attach supplemental information. C. Bids having any erasures or corrections must be initialed by Bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with ink. D. All Bids must be signed with the Bidder’s name and by an officer or employee having the authority to bind the Bidder by his/her signature. 2. BID PACKAGE: The following forms must be included with each Bid in the format specified in Section 2: Form 1. Bidder’s Submittal Signature Page Form 2. Public Entity Crimes Form 3. Drug-Free Workplace Form 4. Conflict of Interest Form 5. Acknowledgement of Addenda Form 6. Schedule of Pricing 3. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services with quantities or usage shown; these quantities are estimated only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting Agreement(s). These estimated quantities are for Bidders’ information only and will be used for tabulation purposes and presentation of Bids for award. 4. PRICING/PERIOD OF AGREEMENT: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted will be firm for acceptance for a period of ninety (90) days from the Due Date unless otherwise stated by the City or Bidder. B. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Therefore, Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices quoted. 5. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all safety provisions of the Occupational Safety and Health Act (OSHA) and other applicable regulatory agencies. B. Whenever a bid is sought and services secured for any type of on-site construction the Bidder(s) that is awarded the Agreement(s) (Successful Bidder) shall remove from the work site at the end of each working day all rubbish and waste debris resulting from its operations. The Successful Bidder shall also secure the work site before leaving at the end of each working day. ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 6 6. SIGNED BID CONSIDERED AN OFFER: This signed Bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City and in case of default on the part of the Bidder after such acceptance, the City may take such action as it deems appropriate including legal action for damages or specific performance. 7. INDEMNITY/HOLD HARMLESS AGREEMENT: Successful Bidder shall at all times hereafter indemnify, hold harmless and, at the City Attorney’s option, defend or pay for an attorney selected by the City Attorney to defend the City, its offers, agents, servants, and employees from and against and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court cost, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, omission of, Successful Bidder, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceedings is brought against the City by reason of any such claim, cause of action, or demand, Successful Bidder shall, upon notice from the City, resist and defend such lawsuit or proceedings by counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of the Agreement. To the extent considered necessary by the Bidder, Administrator and the City Attorney, any sums due Successful Bidder under this Agreement may be retained by the City until all City’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 8. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Bidders are advised that a Cone of Silence will be in effect during this Bid. The Cone of Silence is effective from the Due Date and Time until award is made by the City Manager and/or Commission. The Cone of Silence prohibits any communications, regarding this Bid, between the Bidders or any Person representing the Bidders, 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 Agreement under this Bid, or any member of the Selection Committee. All correspondence regarding this ITB must be in writing and 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 “any 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 proposals, request for qualification, bid, or any other competitive solicitation between: i. Any person or person's representative seeking an award from such competitive solicitations; and ii. 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 Agreement. ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 7 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 proposals, 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 proposals, 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, Bidder 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 Bidder 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 solicitation threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. F. The Cone of Silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves an Agreement, rejects all Bids or responses, or otherwise takes action which ends the solicitation process. G. Any Agreement entered into in violation of the Cone of Silence provisions in this section shall render the transaction voidable. 9. LIABILITY, INSURANCE, PERMITS AND LICENSES: Where the successful Bidder is required to enter or go onto City property to deliver goods, materials, or perform work or services as a result of a Bid award, the successful Bidder will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance and assure all work complies with all Federal, State, Local, Palm Beach County and Delray Beach ordinances, orders, codes, laws, rules, regulations, directives, and guidelines. The successful Bidder shall be liable for any damages or loss to Delray Beach occasioned by negligence of the successful Bidder (or agent) or any person the successful Bidder has designated in the completion of the Agreement as a result of the Bid of this Bid. The successful Bidder shall supply proof of insurance, detailing terms and provisions of coverage, which must be received and approved by the City Risk Manager within 10 days of final execution of the Agreement. Successful Bidder shall carry the following minimum types of insurance: A. Workers’ Compensation: with the statutory limits; ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 8 B. Employers’ Liability insurance: with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. C. Comprehensive General Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent Bidders, products and/or completed operations for Bidders, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and contractual Exclusions removed. D. Motor Vehicle Liability Insurance: covering all vehicles associated with Bidder’s operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of B+VIII or better. All insurance policies shall name the City as an additional insured. The Successful Bidder agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Risk Management Division. 10. AWARD OF BID: The City reserves the right to accept any Bid or combination of Bid alternates which, in the City’s judgment will best serve the City’s interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 11. BILLING INSTRUCTIONS: Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 N.W. 1st Avenue, Delray Beach, FL 33444. 12. TAXES: The City is exempt from any sales tax imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 13. EXCEPTIONS TO CONDITIONS: In the event Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 14. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel the Agreement by giving written notice to the Successful Bidder thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 9 completed services performed by the Successful Bidder under the Agreement shall, at the option of the City, become the City’s property and the Successful Bidder shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 15. ANTI-COLLUSION: A. Bidder certifies that its Bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a Bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in Agreement cancellation, return of materials or discontinuation of services and the possible removal from the supplier bid list(s). 16. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; and B. The award is subject to provisions of Florida State Statutes and City Ordinances. 17. CITY POLICIES: Awarded Bidder shall comply with the City Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City Human Resources Division. Violations of these policies may result in cancellation/termination of the Agreement. 18. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 19. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory supplier list may not submit a Bid on an Agreement to provide goods or services to a public entity, may not submit a Bid on an Agreement with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not award or perform work as a Bidder, supplier, subcontractors, or consultant under Agreement with any public entity, and may not transact business with any public entity. 20. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not actual Bidders including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 10 After the notice of intent to award and agreement is posted, any actual Bidder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the CPO by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such Bidder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids is subject to the protest procedure. Note: Any Bidder filing a protest shall simultaneously provide a Protest Bond to the City in the amount of fifteen thousand dollars ($15,000). If the protest is decided, in the protester’s favor the entire protest bond is returned. If the protest is not decided in the protester’s favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier’s check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 N.W. 1st Avenue Delray Beach, FL 33444 21. PUBLIC RECORDS: IF THE SUCCESSFUL BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT PUBLICRECORDSREQUEST@MYDELRAYBEACH.COM . Successful Bidder shall comply with public records laws, specifically to: A. Keep and maintain public records required by the City to perform the service. B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Successful Bidder does not transfer the records to the City. D. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Successful Bidder or keep and maintain public records required by the City to perform the service. If the Successful Bidder transfers all public records to the City upon completion of the Agreement, the Successful Bidder shall ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 11 destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Successful Bidder keeps and maintains public records upon completion of the Agreement, the Successful Bidder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. If the Successful Bidder does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 22. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted supplier list following a conviction for a public entity crime may not submit a Bid on an Agreement to provide any goods or services to a public entity, may not submit a Bid on an Agreement 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 Bidder, supplier, subcontractor, or consultant under an Agreement 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 supplier list. 23. OFFICE OF THE INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed city Agreements, 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 Bidder, its officers, agents, employees, and lobbyists in order to ensure compliance with Agreement specifications and detect corruption and fraud. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 24. LOCAL PREFERENCE: In accordance with the City Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business if the Local Business’ bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive Bidder. 25. METHOD OF ORDERING: A Purchase Order(s) will be issued for this purchase. ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 12 SECTION 2: BID FORMAT 1. INFORMATION: Any process questions in regard to the submission of Bids should be submitted via email to: purchasing@mydelraybeach.com. 2. MINIMUM QUALIFICATIONS: Bidder must submit the requested information for verification it meets the following minimum qualification requirements: A. Bidder must be registered with the State of Florida. Division of Corporations to do business in Florida. No documentation is required. The City will verify registration. B. Must have been in the business for a minimum of twenty-four (24) months prior to the Due Date and Time. Provide supporting documentation (e.g. state, county, city business license; occupational license) that confirms Bidder has been in business for a minimum of two years. C. Bidder has submitted pricing on the product specified in this ITB. No additional documentation is required. The City will verify from Bidder’s Form 6, Schedule of Pricing. D. Bidder has no reported conflict of interests in relation to this ITB. Disclose the name of any officer, director or agent who is also an employee of the City. Disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s firm or any of its branches. If no conflicts of interests are present, Bidder must submit a statement to that affect. 3. BID FORMAT: Bids must adhere to the following format: Chapter 1 Letter of Intent and Form 1, Bid Submittal Signature Page Chapter 2 Bidder’s Statement of Organization Chapter 3 Form 2, Public Entity Crimes Form 3, Drug-Free Workplace Form 4, Conflict of Interest Chapter 4 Form 5, Acknowledgement of Addenda Chapter 5 Form 6, Schedule of Pricing A. Letter of Intent: Provide a brief statement of Bidder understands of the services to be rendered and/or goods to be provided and a statement of Bidders commitment to perform according to the requirements stated in this IT. Include the contact ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 13 information for Bidder’s primary representative during this ITB process to include name, title, phone number, email address, and mailing address. Letter should be limited to no more than two (2) pages. B. Bidder’s Statement of Organization: Include the following information regarding Bidder: i. Full legal name including any dba, ii. Address, City, State, Zip iii. Telephone number iv. Facsimile number v. E-mail address vi. Website URL address vii. Type of organization (e.g. corporation, partnership, LLC) viii. Hours of operation ix. Years in business x. Address of corporate headquarters xi. Address of local office (if any) xii. List of owners and/or partners and managers of the firm and their contact information (addresses and phone numbers) xiii. Any additional information that Bidder wishes to supply to augment its Bid. [Remainder of page intentionally left blank] ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 14 SECTION 3 SCOPE OF WORK & SPECIFICATIONS ITB 2016-135 Fire Station Bay Door Replacement 1. PURPOSE: The City is seeking bids from qualified firms for Fire Station Bay Door Replacement per the specifications and requirements of this ITB. 2. MINIMUM REQUIREMENTS Bidder must be an authorized distributor and utilize a manufacturer authorized installer. 3. SCOPE Successful Bidder will furnish and install roll-up bay doors at City of Delray Beach Fire Station 112, located at 80 Andrews Avenue, Delray Beach, FL and Fire Station 115 located at 4000 Old Germantown Rd., Delray Beach, FL. Successful Bidder will provide all required registrations and permits to perform the work specified. Scope of work shall include, but is not limited to the following: (a) Work must be conducted during the hours of 7:00 a.m. and 4:00 p.m. Monday through Friday, excluding City holidays. (b) Installation work must be completed within seventy-five calendar days after award. (c) Ensure all rubbish, building materials, and packaging materials are removed from the site upon completion of installation. (d) Install door per the manufacturer’s specifications. (e) Provide signage, lighting, and other barriers, as required, to maintain safety at all times. (f) Successful Bidder, its employees, subcontractors and agents shall adhere to the City’s Nonsmoking Building policies. Smoking is not permitted within the building or within twenty-five feet of entrances, operable windows, or outdoor air intakes. (g) Successful Bidder shall schedule work to minimize impact on Fire Station operations. 4. GENERAL REQUIREMENTS (a) Doors measure approximately 14’ x 14’ (all doors should be measured by Bidder prior to submitting a Bid to ensure exact measurements). (b) Bay doors are to be sectional raised-panel style. (c) Doors to be impact rated and must meet all local building codes, specifically those related to wind-rating. (d) The two (2) doors at Station 112 and three (3) front doors at Station 115 are required to have five (5) windows with impact rated glass, installed within factory specifications, within the panel at or near the 5' high level when door is in closed position. The back three (3) doors at Station 115 do not require windows. (e) Doors are to be factory finished; doors that are simply primed or factory ready for paint will not be accepted. (City to choose color once samples are provided). (f) Springs are required to be 100,000 cycle counterbalance solid shaft with high performance shaft bearings. Track angle mounted to jamb. (g) A Miami-Dade Notice of Acceptance (NOA) will be required for all overhead coiling doors for building permit purposes. ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 15 (h) Zinc coated (galvanized) at minimum must be used for items such as tracks, mounting hardware and supports. The City’s preference is stainless steel hardware requirement, marine-grade when available. (i) New door sensors (upper and lower) must be included with the cost of the installation of the doors. (j) New low voltage wiring between the door sensors and the Magnegrip diesel exhaust system that will synchronize the exhaust system and the doors; automatically opening the doors when the apparatus is started is required. (k) Demolition and legal disposal of the existing doors. (l) Equivalencies to the Door Specifications may be considered, at the City’s sole discretion. Documentation confirming the equivalency must be submitted with the Bid. 5. Door Specifications (a) Eight (8) 14’x14’ Clopay, Model 3720 Overhead Door, Energy Series with Intelicore – Polyurethane Insulated Steel Sandwich Doors with Thermal Break to include the following features and accessories: a. Dade County Hurricane Code approved b. White Finish Panels c. Impact Glass Windows d. 50 Cycles Springs e. Lift Tracks f. Inside Locking mechanism g. ¾ hp, 115 Volt trolley motor operated with up – down push button station h. Photo eye sensors – Omron Type i. Pneumatic Safety Edge j. 2:x6” Wood Jambs [Remainder of page intentionally left blank] ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 16 BID SUBMITTAL CHECKLIST A responsive Bidder means a Bidder that has submitted a bid that conforms in all material respects to the requirements in this ITB. The CPO or designee will determine whether each Bidder correctly submitted all of the necessary forms and documents. The purpose of this checklist is to assist Bidders in completing their Bids and ensuring that all required forms and information is submitted. Do not include checklist with your Bid submittal. Letter of Intent Bid Submittal Signature Page Bidder’s Statement of Organization Public Entity Crimes Form Drug Free Workplace Form Conflict of Interest Form Acknowledgement of Addenda Form Schedule of Pricing Form ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 17 SECTION 4: FORMS FOR BID Each Bidder must complete and submit the forms included in this Section 4. Form 1. Bidder’s Submittal Signature Page Form 2. Public Entity Crimes Form 3. Drug-Free Workplace Form 4. Conflict of Interest Form 5. Acknowledgement of Addenda Form 6. Schedule of Pricing ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 18 Form 1 Bid Submittal Signature Page By signing this Bid, the Bidder 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 Identification Number: Signature Date Printed Name and Title By signing this document, the Bidder agrees to all terms and conditions of the ITB and the resulting agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS BID. FAILURE TO SUBMIT THIS FORM EXECUTED BY AN AUTHORIZED REPRESENTATIVE WHERE INDICATED SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS BID. ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 19 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 Bidders list following a conviction for a public entity crime may not submit a Bid on a Bidder to provide any goods or services to a public entity; may not submit a Bid on a Bidder with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases or real property to a public entity; may not be awarded or perform work as a Bidder, supplier, sub-Bidder, or consultant under a Bidder 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 Bidders list. Acknowledged by: Firm Name (print) Signature Date Printed Name and Title ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 20 Form 3 Drug-Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/Bid 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 (print) Signature Date Printed Name and Title ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 21 Form 4 Conflict of Interest Disclosure Form The award of this ITB is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Bidders/bidders/Bidders must disclose: the name of any officer, director, or agent who is also an employee or relative of an employee of the City. Furthermore, all Bidders must disclose the name of any City employee or relative(s) of a City employee who owns, directly or indirectly, an interest in the Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this ITB. 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 administrat ion, management, instruction, research, or other professional activities. Select the statement below which applies to Bidder and, if applicable attach supporting information: To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: Firm Name (print) Signature Date Printed Name and Title Disclose the name of any officer, director or agent of Bidder who is also an employee of the City. Disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s firm or any of its branches. If no conflicts of interests exist enter N/A. ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 22 Form 5 Acknowledgment of Addenda The Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this ITB. The Bidder acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM NUMBER DATE RECEIVED PRINT NAME OF AGENT TITLE OF AGENT SIGNATURE OF AGENT _______________________________________________________________ Bidder (firm name) ________________________________________________________________ Signature Date ________________________________________________________________ Printed Name and Title ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 23 Form 6 Schedule of Pricing Bid 2016-135 A. PRICE: Bidder must submit pricing per the requirements and specification detailed in this ITB. NOTE: Prices are inclusive of all costs including demolition, removal and disposal of old doors, installation of new doors with all required sensors, wiring and hardware. B. MANUFACTURER MANUFACTURER MODEL ___________________________________ ___________________________________ NOTE: Equivalencies to the Door Specifications may be considered, at the City’s sole discretion. C. SUPPORTING DOCUMENTATION: Submit the following supporting documentation with your Schedule of Pricing: 1. Quality certificate 2. Warranty 3. Reference list of two similar projects. Provide Name of organization, contact name, contact phone and contact email address. 4. NOA product approval of the proposed doors. 5. List of all equipment required to provide quality installation and fully functional operation of the doors. 6. Documentation confirming the equivalency of proposed doors to the Clopay doors shown in the Specifications, if applicable. ITEM QTY UOM DESCRIPTION UNIT PRICE EXTENDED PRICE 1 2 Bay Doors by Station 112 with five (5) windows $___________ $____________ 2 3 Bay Doors at front of Station 115 with (5) windows $___________ $____________ 3 3 Bay Doors at the back of Station 115 (no windows) $___________ $____________ 4 $___________ $____________ TOTAL BID PRICE $____________ ITB No. 2016-135 Fire Station Bay Door Replacement P a g e | 24 D. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? Yes No C. BID INFORMATION WAS OBTAINED FROM: BidSync Newspaper Ad City Hall Other (specify) ______________ [Remainder of page intentionally left blank] Rev. 2-2-14 MEMORANDUM TO: Mayor Gary Glickstein, Vice Mayor Al Jacquet, Deputy Vice Mayor Jordana Jarjura, Commissioner Mitch Katz, Commissioner Shelly Petrolia , City Manager Donald Cooper, Assistant City Manager Francine Ramaglia, Assistant City Manager David Scott, Senior Management Staff FROM: Theresa Webb, Chief Purchasing Officer DATE: August 22, 2016 SUBJ: Cone of Silence Notice Responses were received on August 22, 2016 for Fire Station Bay Door Replacement, Invitation to Bid 2016-135 from the following companies: 1. HATCHER CONSTRUCTION & DEVELOPMENT, INC. 2. DOOR SYSTEMS OF SOUTH FLORIDA 3. COAST TO COAST GARAGE DOORS In accordance with City Ordinance, Section 36.13, a “cone of silence” has been imposed upon this Invitation to Bid beginning on August 22, 2016 and ending with award by the Commission. The cone of silence prohibits any communications regarding a specific ITB 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. City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-795,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 AWARD OF A PURCHASE ORDER TO DOOR SYSTEMS OF SOUTH FLORIDA INC. FOR THE PURCHASE AND INSTALLATION OF TWO FIRE STATION BAY DOORS AT STATION 112 AND SIX FIRE STATION BAY DOORS AT STATION 115 Recommended Action: Motion to Award a purchase order to Door Systems of South Florida, Inc. for the purchase and installation of eight apparatus bay doors in an amount not to exceed $50,000.00. Background: Fire station bay doors serve a number of functions: allowing quick and safe egress of fire apparatus; sealing out heat, cold, and inclement weather; and lending a visual appeal to the aesthetics of the building. As our South Florida fire stations could at any time find themselves in the path of a hurricane, it is imperative that these doors have the appropriate hurricane rating to proactively reduce potential cost and more importantly provide optimum protection to the members inside. The purchasing department solicited a bid to replace two bay doors at station 112 and six bay doors at station 115. The lowest responsive and responsible bidder submitted a bid in an amount of $48,700.00. A contingency fund of $1,300.00 is requested for minor modification during this project. This motion to award is in accordance with the City Code of Ordinances, Chapter 36, Section 36.02 (A)(1), "Competitive Bids". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 001-2315-526-64.90. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A CITY OF DELRAY BEACH 100 NW 1st AVENUE, DELRAY BEACH, FL 33444 Invitation to Bid No. 2016-131 Upgrade of Maximum Security Doors MAYOR - CARY D. GLICKSTEIN VICE MAYOR - AL JACQUET DEPUTY VICE MAYOR - JORDANA JARJURA COMMISSIONER - MITCH KATZ COMMISSIONER - SHELLY PETROLIA CITY MANAGER - DONALD B. COOPER Purchasing Department ♦(561) 243-7161 ♦ purchasing@mydelraybeach.com CITY INVITATION TO BID 2016-131 Title: Upgrade of Maximum Security Doors Bidder Name: Addenda Acknowledgement Bidder hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this ITB. It is the sole responsibility of Bidder to ensure that all addenda have been received and receipt of each has been acknowledged. Failure to submit acknowledgement of each addendum issued may result in Bidder being deemed non-responsive. ADDENDA NUMBER ADDENDA DATE Submission Deadline: August 12, 2016/2:00 P.M. ET Submissions Accepted Via: BidSync, Mail or in Person Submit to: City of Delray Beach Purchasing Division 100 N.W. 1st Avenue Delray Beach, FL 33444 Comments: A fa csimile copy will not be accepted as a sealed Bid. City of Delray Beach Confirmation of Receipt (Date/Time Stamp): ITB 2016-131 Upgrade of Maximum Security Doors Page | 1 CITY OF DELRAY BEACH ITB No. 2016-131 Upgrade of Maximum Security Doors Contents INVITATION TO BID INSTRUCTIONS ...................................................................................... 2 SECTION 1: TERMS AND CONDITIONS .................................................................................. 5 SECTION 2: BID FORMAT .......................................................................................................13 Letter of Intent and Form 1, Bid Submittal Signature Page ....................................................14 SECTION 3: SCOPE OF WORK ...............................................................................................15 SECTION 4: FORMS FOR BID .................................................................................................16 Bid Submittal Signature Page ................................................................................................17 Public Entity Crimes ...............................................................................................................18 Drug-Free Workplace .............................................................................................................19 Conflict of Interest Disclosure Form .......................................................................................20 Schedule of Pricing ................................................................................................................21 ITB 2016-131 Upgrade of Maximum Security Doors Page | 2 CITY OF DELRAY BEACH PURCHASING DEPARTMENT TEL: (561) 243-7161 FAX: (561) 243-7166 INVITATION TO BID INSTRUCTIONS ITB NO: 2016-131 TITLE: Upgrade of Maximum Security Doors ISSUE DATE: July 22, 2016 DEPARTMENT: Environmental Services DUE DATE: August 12, 2016 TIME: 2:00 PM ET The City of Delray Beach, Florida is soliciting proposals to upgrade and retrofit the Police Department’s maximum security door locks, as identified in the Scope of Services herein. Any Bidder wishing to submit a bid must comply with the requirements contained in this Invitation to Bid (ITB). 1. NOTIFICATION: The City utilizes the following methods for notification and distribution of solicitation opportunities: • Bidsync – www.bidsync.com • City of Delray Beach website • Request via email purchasing@mydelraybeach.com • Hard copies are available at City Hall These are the only methods of notification and distribution authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those shown above. It shall be the Proposer’s responsibility to verify the validity of all RFP documents and solicitation information received by sources other than those listed. These are the only methods of notification authorized by the City. The City shall not be responsible for receipt of notification and information from any source other than those shown above. It shall be the Proposer’s responsibility to verify the validity of all RFP documents and solicitation information received by sources other than those listed. 2. REQUIRED INFORMATION: This RFP contain various sections which require completion. Responses to this RFP (Proposals) must be completed and returned prior to the Due Date and Time set for Proposal opening or the Proposer will be found non-responsive. 3. CORRESPONDENCE: The number of this RFP must appear on all correspondence, or inquiries, pertaining to this RFP. ITB 2016-131 Upgrade of Maximum Security Doors Page | 3 4. NOTICE OF PUBLIC DOCUMENTS: Any and all materials initially or subsequently submitted as part of the solicitation process for this RFP shall become the property of the City, and shall be treated as City documents subject to typical practice and applicable laws for public records. 5. ADDENDA: Any interpretations, corrections or changes to this RFP will be made by addenda. Sole issuing authority shall be vested in the City Purchasing Department. Addenda will be posted and available through the City notification methods shown above. 6. ELECTRONIC SUBMISSION: Electronic Bids may be submitted through a secure mailbox at BidSync (www.bidsync.com) until the Due Date and Time as indicated in this Invitation to Bid (ITB). It is the sole responsibility of the Bidder to ensure their bid response (Bid) reaches BidSync before the ITB Due Date and Time. There is no cost to the Bidder to submit a response to a City of Delray Beach (City) ITB via BidSync. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files. 7. PAPER SUBMISSION: Paper copies of Bidder’s Bid can be submitted as an alternative method. All copies of the Bid must be received on or before the Due Date and Time (local time) at the City of Delray Beach, Florida at the City Hall Lobby Reception Desk located at 100 N.W. 1st Avenue, Delray Beach, Florida 33444 in a sealed container unless otherwise indicated. It is the sole responsibility of the Bidder to utilize the forms provided in this ITB and to ensure their Bid reaches the Purchasing Department on or before, the Due Date and Time. City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays. The Bidder’s name, return address, the ITB number, ITB title, Due Date and Time must be noted on the outside of the sealed container. Included in the sealed container shall be: • One (1) unbound original clearly marked “ORIGINAL”. • Two (2) copies clearly marked “COPY” with all required information and identical to the original. • One (1) electronic copy with all required information, and identical to the original, on a universal serial bus (USB) portable flash memory card. Electronic copies should be in Adobe Acrobat® pdf format in one continuous file. Do not password protect or otherwise encrypt electronic copies 8. BID OPENINGS: All proposals submitted before the Due Date and Time shall be publicly opened by the Purchasing Department at the City Hall Building, located at 100 N.W. 1st Avenue, Delray Beach, FL or other designated City location as posted. The Purchasing Department will decrypt responses received in BidSync immediately following the designated Due Date and Time. 9. LATE BIDS – PAPER SUBMISSION: Bids received after the Due Date and Time shall be returned to Bidder unopened and will be considered non-responsive. The City is not responsible for the lateness due to weather conditions, delivery service, or any other reasons. 10. EVALUATION OF BIDS: The review process will be conducted in two phases. In Phase One, the Chief Purchasing Officer (CPO) or designee shall determine whether each Proposer is responsive and responsible. A responsive Bidder shall mean a Bidder that has ITB 2016-131 Upgrade of Maximum Security Doors Page | 4 submitted a Bid that conforms in all material respects to the requirements in the ITB. Among other things, a Bid may be found non-responsive if the Bidder failed to provide the information requested in the Bid; 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. A responsible Bidder means a Bidder meets the minimum qualification requirement(s) of this ITB. In Phase Two, the Bid Tabulation will be completed for those Bidders that are deemed responsive and responsible. 11. QUESTIONS: Each Bidder must examine this ITB, which incorporates all its addenda, appendices, exhibits and attachments. All questions concerning this ITB, such as technical specifications, discrepancies, omissions and exceptions to any term or condition of the ITB documents, including the Sample Agreement, should be submitted in writing utilizing the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the Deadline for Delivery of Questions specified in the Solicitation Schedule for this ITB. The City’s response to questions and requests for information will be answered within the question/answer feature provided by BidSync. Additionally, all questions received and responses given will be provided via an addendum to this ITB and uploaded to BidSync. Material changes, if any, to the requirements, scope, specifications, or the solicitation process will made by official written addendum issued by the City and uploaded to BidSync as an addendum to this ITB. Submission of a Bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The questions submitted and answers provided in BidSync shall become part of any Agreement resulting from this ITB. 12. SCOPE OF SERVICES: The City is seeking bids from qualified firms for housing rehabilitation services that meets the specifications and requirements as stated herein. 13. CITY’S ACCEPTANCE: Unless otherwise specified herein, the Bidder will allow a minimum of ninety (90) days from the Due Date and Time for acceptance of its Bid by the City Manager and/or City Commission. 14. AWARD: The City reserves the right to waive minor defects, variations to specifications, informalities, irregularities and technicalities in any Bids, to reject any and all Bids in whole or in part, with or without cause, and/or to accept Bids that in its judgment will be for the best interest of the City. The City may also reject any or all Bids without cause prior to award. [Remainder of page intentionally left blank] ITB 2016-131 Upgrade of Maximum Security Doors Page | 5 15. SOLICITATION SCHEDULE: ACTIVITY DATE Issue ITB July 22, 2016 Deadline for Delivery of Questions August 5, 2016, 5:00PM ET Due Date and Time (for delivery of Bids) August 12, 2016, 2:00PM ET Institute Cone of Silence August 12, 2016, 2:00PM ET Evaluation Complete(Responsive and Responsible) By August 17, 2016 Bid Tabulation Complete By August 17, 2016 [Remainder of page intentionally left blank] ITB 2016-131 Upgrade of Maximum Security Doors Page | 6 SECTION 1: TERMS AND CONDITIONS Bid 2016-131 Upgrade of Maximum Security Doors 1. SUBMISSION AND RECEIPT OF BIDS: A. To receive consideration, Bids must be received prior to the Due Date and time as designated in this ITB. B. Unless otherwise specified, Bidders must complete all questions and price blanks in the spaces provided in this ITB. Failure to do so may cause the Bid to be rejected. Bidders may attach supplemental information. C. Bids having any erasures or corrections must be initialed by Bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with ink. D. All Bids must be signed with the Bidder’s name and by an officer or employee having the authority to bind the Bidder by his/her signature. 2. BID PACKAGE: The following forms must be included with each Bid in the format specified in Section 2: • Form 1. Bidder’s Submittal Signature Page • Form 2. Public Entity Crimes • Form 3. Drug-Free Workplace • Form 4. Conflict of Interest • Form 5. Schedule of Pricing 3. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services with quantities or usage shown; these quantities are estimated only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting Agreement(s). These estimated quantities are for Bidders’ information only and will be used for tabulation purposes and presentation of Bids for award. 4. PRICING/PERIOD OF AGREEMENT: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted will be firm for acceptance for a period of ninety (90) days from the Due Date unless otherwise stated by the City or Bidder. B. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Therefore, Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices quoted. 5. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all safety provisions of the Occupational Safety and Health Act (OSHA) and other applicable regulatory agencies. B. Whenever a bid is sought and services secured for any type of on-site construction the Bidder(s) that is awarded the Agreement(s) (Successful Bidder) shall remove from the work site at the end of each working day all rubbish and waste debris resulting from its operations. The Successful Bidder shall also secure the work site before leaving at the end of each working day. ITB 2016-131 Upgrade of Maximum Security Doors Page | 7 6. SIGNED BID CONSIDERED AN OFFER: This signed Bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City and in case of default on the part of the Bidder after such acceptance, the City may take such action as it deems appropriate including legal action for damages or specific performance. 7. INDEMNITY/HOLD HARMLESS AGREEMENT: Successful Bidder shall at all times hereafter indemnify, hold harmless and, at the City Attorney’s option, defend or pay for an attorney selected by the City Attorney to defend the City, its offers, agents, servants, and employees from and against and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court cost, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, omission of, Successful Bidder, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceedings is brought against the City by reason of any such claim, cause of action, or demand, Successful Bidder shall, upon notice from the City, resist and defend such lawsuit or proceedings by counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of the Agreement. To the extent considered necessary by the Bidder, Administrator and the City Attorney, any sums due Successful Bidder under this Agreement may be retained by the City until all City’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 8. LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE: Bidders are advised that a Cone of Silence will be in effect during this Bid. The Cone of Silence is effective from the Due Date and Time until award is made by the City Manager and/or Commission. The Cone of Silence prohibits any communications, regarding this Bid, between the Bidders or any Person representing the Bidders, 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 Agreement under this Bid, or any member of the Selection Committee. All correspondence regarding this ITB must be in writing and 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 “any 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 proposals, request for qualification, bid, or any other competitive solicitation between: i. Any person or person's representative seeking an award from such competitive solicitations; and ii. 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 Agreement. ITB 2016-131 Upgrade of Maximum Security Doors Page | 8 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 proposals, 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 proposals, 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, Bidder 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 Bidder 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 solicitation threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. F. The Cone of Silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves an Agreement, rejects all Bids or responses, or otherwise takes action which ends the solicitation process. G. Any Agreement entered into in violation of the Cone of Silence provisions in this section shall render the transaction voidable. 9. LIABILITY, INSURANCE, PERMITS AND LICENSES: Where the successful Bidder is required to enter or go onto City property to deliver goods, materials, or perform work or services as a result of a Bid award, the successful Bidder will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance and assure all work complies with all Federal, State, Local, Palm Beach County and Delray Beach ordinances, orders, codes, laws, rules, regulations, directives, and guidelines. The successful Bidder shall be liable for any damages or loss to Delray Beach occasioned by negligence of the successful Bidder (or agent) or any person the successful Bidder has designated in the completion of the Agreement as a result of the Bid of this Bid. The successful Bidder shall supply proof of insurance, detailing terms and provisions of coverage, which must be received and approved by the City Risk Manager within 10 days of final execution of the Agreement. Successful Bidder shall carry the following minimum types of insurance: A. Workers’ Compensation: with the statuto+ry limits; ITB 2016-131 Upgrade of Maximum Security Doors Page | 9 B. Employers’ Liability insurance: with a limit of not less than $100,000 for each accident, $100,000 for each disease, and $500,000 for aggregate disease. C. Comprehensive General Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) in the aggregate for Bodily Injury and Property Damage. The insurance policy must include coverage that is not more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverage’s for premises and/or operations, independent Bidders, products and/or completed operations for Bidders, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the Employee and contractual Exclusions removed. D. Professional Liability Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence. E. Commercial Crime Insurance: with limits of not less than one million ($1,000,000) dollars per occurrence. All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida; (b) have agents upon whom service of process may be made in Palm Beach County, Florida; and (c) have a Best’s rating of B+VIII or better. All insurance policies shall name the City as an additional insured. The Successful Bidder agrees to notify the City within (5) business days of coverage cancellation, lapse or material modification. All renewal or replacement certificates of insurance shall be forwarded to the City Risk Management Division. 10. AWARD OF BID: The City reserves the right to accept any Bid or combination of Bid alternates which, in the City’s judgment will best serve the City’s interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 11. BILLING INSTRUCTIONS: Invoices must show the purchase order number and shall be submitted electronically to accountspayable@mydelraybeach.com or mailed to Accounts Payable, 100 N.W. 1st Avenue, Delray Beach, FL 33444. 12. TAXES: The City is exempt from any sales tax imposed by the State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 13. EXCEPTIONS TO CONDITIONS: In the event Bid Specifications differ from the Terms and Conditions and any other Special Provisions, the Bid Specifications will prevail. 14. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel the Agreement by giving written notice to the Successful Bidder thirty (30) days ITB 2016-131 Upgrade of Maximum Security Doors Page | 10 prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Successful Bidder under the Agreement shall, at the option of the City, become the City’s property and the Successful Bidder shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 15. ANTI-COLLUSION: A. Bidder certifies that its Bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a Bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in Agreement cancellation, return of materials or discontinuation of services and the possible removal from the supplier bid list(s). 16. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; and B. The award is subject to provisions of Florida State Statutes and City Ordinances. 17. CITY POLICIES: Awarded Bidder shall comply with the City Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City Human Resources Division. Violations of these policies may result in cancellation/termination of the Agreement. 18. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 19. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory supplier list may not submit a Bid on an Agreement to provide goods or services to a public entity, may not submit a Bid on an Agreement with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not award or perform work as a Bidder, supplier, subcontractors, or consultant under Agreement with any public entity, and may not transact business with any public entity. 20. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not actual Bidders including, but not limited to, subcontractors, material and labor suppliers, ITB 2016-131 Upgrade of Maximum Security Doors Page | 11 manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual Bidder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the CPO by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such Bidder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids is subject to the protest procedure. Note: Any Bidder filing a protest shall simultaneously provide a Protest Bond to the City in the amount of fifteen thousand dollars ($15,000). If the protest is decided, in the protester’s favor the entire protest bond is returned. If the protest is not decided in the protester’s favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier’s check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 N.W . 1st Avenue Delray Beach, FL 33444 21. PUBLIC RECORDS: IF THE SUCCESSFUL BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-7050 OR VIA EMAIL AT CITYCLERK@MYDELRAYBEACH.COM. Successful Bidder shall comply with public records laws, specifically to: i. Keep and maintain public records required by the City to perform the service. ii. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Successful Bidder does not transfer the records to the City. iv. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Successful Bidder or keep and maintain public ITB 2016-131 Upgrade of Maximum Security Doors Page | 12 records required by the City to perform the service. If the Successful Bidder transfers all public records to the City upon completion of the Agreement, the Successful Bidder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Successful Bidder keeps and maintains public records upon completion of the Agreement, the Successful Bidder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. v. If the Successful Bidder does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 22. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted supplier list following a conviction for a public entity crime may not submit a Bid on an Agreement to provide any goods or services to a public entity, may not submit a Bid on an Agreement 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 Bidder, supplier, subcontractor, or consultant under an Agreement 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 supplier list. 23. OFFICE OF THE INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed city Agreements, 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 Bidder, its officers, agents, employees, and lobbyists in order to ensure compliance with Agreement specifications and detect corruption and fraud. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 24. LOCAL PREFERENCE: In accordance with the City Code of Ordinances Sec. 36.14, the City shall give preference to a Local Business if the Local Business’ bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive Bidder. 25. METHOD OF ORDERING: A Purchase Order(s) will be issued for this purchase. ITB 2016-131 Upgrade of Maximum Security Doors Page | 13 SECTION 2: BID FORMAT 1. INFORMATION: Any process questions in regard to the submission of Bids should be submitted via email to: purchasing@mydelraybeach.com. 2. MINIMUM QUALIFICATIONS: Bidder must submit the requested information for verification it meets the following minimum qualification requirements: A. Bidder must be registered with the State of Florida, Division of Corporations to do business in Florida. No documentation is required. The City will verify registration. B. Must have been in the business of providing and installing detention equipment, systems, and controls for a minimum of three years prior to the Due Date and Time of this ITB. Provide supporting documentation (e.g. business licenses from county or city; occupational licenses from county or city) for 2013, 2014, 2015 and/or 2016 that confirms Bidder has been in business for three years (since August 1, 2013) and indicates a classification or type of business that reflects installing detention equipment, systems, and controls. C. Must have completed a minimum of two projects involving retrofitting of Roanoke Iron & Bridge Works door locking devices prior to the Due Date and Time of this ITB. Provide contact information for reference(s) that are agreeable to respond to a request from the City to confirm that Bidder has completed a minimum of two projects involving retrofitting of Roanoke Iron & Bridge Works door locking devices. Contact information should include the following: Contact’s Name Contact’s Company Name Contact’s Phone Number Contact’s Email Address D. Bidder must warranty the Roanoke Iron & Bridge Works retrofit installation for a minimum of one year. Provide a statement on company letterhead confirming Bidder will warranty the Roanoke Iron & Bridge Works retrofit installation for a minimum of one year. E. Bidder must check the box under Item B Background Check, on Form 5 Schedule of Pricing. F. Bidder has no reported conflict of interests in relation to this ITB. Disclose the name of any officer, director or agent who is also an employee of the City. Disclose the name of any City employee who owns, directly or ITB 2016-131 Upgrade of Maximum Security Doors Page | 14 indirectly, any interest in the Bidder’s firm or any of its branches. If no conflicts of interests are present, Bidder must submit a statement to that affect. 3. BID FORMAT: Bids must adhere to the following format: Chapter 1 Letter of Intent and Form 1, Bid Submittal Signature Page Chapter 2 Bidder’s Statement of Organization Chapter 3 Form 2, Public Entity Crimes Form 3, Drug-Free Workplace Form 4, Conflict of Interest Chapter 5 Form 5, Schedule of Pricing A. Letter of Intent: Provide a brief statement of Bidder’s understanding of the services to be rendered and/or goods to be provided and a statement of Bidder’s commitment to perform according to the requirements stated in this ITB. Include the contact information for Bidder’s primary representative during this ITB process to include name, title, phone number, email address, and mailing address. Letter should be limited to no more than two (2) pages. B. Bidder’s Statement of Organization: Include the following information regarding Bidder: i. Full legal name including any dba ii. Address, City, State, Zip iii. Telephone number iv. Facsimile number v. E-mail address vi. Website URL address vii. Type of organization (e.g. corporation, partnership, LLC) viii. Years in business ix. Address of corporate headquarters x. Address of local office and/or servicing center (if any) xi. Any additional information that Bidder wishes to supply to augment its Statement of Organization. [Remainder of page intentionally left blank] ITB 2016-131 Upgrade of Maximum Security Doors Page | 15 SECTION 3: SCOPE OF WORK ITB 2016-131 Upgrade of Maximum Security Doors A. PURPOSE: The City is seeking bids from qualified firms to upgrade the Police Department’s Roanoke Iron and Bridge Works maximum security door locks per the specifications and requirements of this ITB as detailed in Exhibit A, Shop Drawings and Pictures. B. SCOPE: 1. Upgrade and retrofit two Roanoke Iron & Bridge Works maximum security door locks as follows: i. Remove and dispose the internal components of the existing locking devices ii. Provide and install two new Grade 1, Maximum Security retrofit locking devices in existing steel housing iii. Modify door hangers to accommodate the new locking devices iv. Modify existing manual release mechanisms to accommodate the new locking devices v. Provide, configure, and install electrical and control connections, as necessary vi. Perform final adjustments and testing 2. Verify new retrofit devices and components operate with existing controls 3. Provide maintenance training to staff C. SPECIFICATIONS: New Grade 1, maximum security locking devices shall: 1. Retrofit Roanoke Iron & Bridge Works maximum security door locking devices 2. Be designed for three or four point locking, as depicted in Exhibit A 3. Be chain-driven or rack & pinion 4. Have a 120 VAC drive motor 5. Have passed the ASTM F1643 cycle test of at least 500,000 cycles for Grade 1 locking device [Remainder of page intentionally left blank] ITB 2016-131 Upgrade of Maximum Security Doors Page | 16 SECTION 4: FORMS FOR BID Each Bidder must complete and submit the forms included in this Section 4. • Form 1. Bidder’s Submittal Signature Page • Form 2. Public Entity Crimes • Form 3. Drug-Free Workplace • Form 4. Conflict of Interest • Form 5. Schedule of Pricing ITB 2016-131 Upgrade of Maximum Security Doors Page | 17 Form 1 Bid Submittal Signature Page By signing this Bid, the Bidder 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 Identification Number: Signature Date Printed Name and Title By signing this document, the Bidder agrees to all terms and conditions of the ITB and the resulting agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS BID. FAILURE TO SUBMIT THIS FORM EXECUTED BY AN AUTHORIZED REPRESENTATIVE WHERE INDICATED SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS BID. ITB 2016-131 Upgrade of Maximum Security Doors Page | 18 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 Bidders list following a conviction for a public entity crime may not submit a Bid on a Bidder to provide any goods or services to a public entity; may not submit a Bid on a Bidder with a public entity for the construction or repair of a public building or public work; may not submit Bids on leases or real property to a public entity; may not be awarded or perform work as a Bidder, supplier, sub-Bidder, or consultant under a Bidder 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 Bidders list. Acknowledged by: Firm Name (print) Signature Date Printed Name and Title ITB 2016-131 Upgrade of Maximum Security Doors Page | 19 Form 3 Drug-Free Workplace If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/Bid 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 Bidderual 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 Bidderual 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 (print) Signature Date Printed Name and Title ITB 2016-131 Upgrade of Maximum Security Doors Page | 20 Form 4 Conflict of Interest Disclosure Form The award of this ITB is subject to the provisions of Chapter 112, Florida Statutes and Palm Beach County Ordinance Section 2-443. All Bidders/bidders/Bidders must disclose: the name of any officer, director, or agent who is also an employee or relative of an employee of the City. Furthermore, all Bidders must disclose the name of any City employee or relative(s) of a City employee who owns, directly or indirectly, an interest in the Bidders firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for key personnel involved in the award of this ITB. 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. Select the statement below which applies to Bidder and, if applicable attach supporting information: To the best of our knowledge, the undersigned firm has no potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. Acknowledged by: Firm Name (print) Signature Date Printed Name and Title Disclose the name of any officer, director or agent of Bidder who is also an employee of the City. Disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s firm or any of its branches. If no conflicts of interests exist enter N/A. ITB 2016-131 Upgrade of Maximum Security Doors Page | 21 Form 5 Schedule of Pricing Bid 2016-131 Upgrade of Maximum Security Doors A. PRICE: Bidder must submit pricing per the requirements and specification detailed in this ITB. Pricing must be inclusive of all labor and materials, as well as travel and other expenses. Qty Description Unit Price Extended Price 2 New Grade 1, Maximum Security Retrofit Locking Device □ Chain-Driven OR □ Rack & Pinion Manufacturer ____________________ Model __________________________ $________ $____________ 1 Removal and disposal of internal components from existing locking devices Flat Fee $____________ 1 Installation of New Grade 1, Maximum Security Retrofit Locking Device Flat Fee $____________ 1 Modification of door hanger Flat Fee $____________ 1 Modification of existing manual release mechanism Flat Fee $____________ 1 Provision, configuration, and installation of electrical and control connections Flat Fee $____________ 1 Perform final adjustments Flat Fee $____________ 1 Perform testing Flat Fee $____________ 1 Provision of maintenance training Flat Fee $____________ TOTAL FEE $____________ [Remainder of page intentionally left blank] ITB 2016-131 Upgrade of Maximum Security Doors Page | 22 C. SUPPORTING DOCUMENTATION: Submit the following supporting documentation with your Schedule of Pricing: 1. Specifications sheet for New Grade 1, Maximum Security Retrofit Locking Device 2. Warranty information D. BACKGROUND CHECK: By checking this box, you acknowledge that all of your firm’s personnel working at the Delray Beach Police Department for this project will be required to complete and pass a background check performed by the Delray Beach Police Department prior to the individual beginning any work. E. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? Yes No B. BID INFORMATION WAS OBTAINED FROM: BidSync Newspaper Ad City Hall Other (specify) _____________________________________ [Remainder of page intentionally left blank] Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A 55 66 Willo Bid Contact Jack Ozier jozier@willoproducts.com Ph 256 -353 -7161 Fax 256 -350 -8436 Address DECATUR, AL 35601 Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs 2016 -131 --01 -01 Complete Form 5: Schedule of Pricing Supplier Product Code: Supplier Notes: My price is for the replacement of two devices. The quantity shows for one but I could not see where to change it so I entered the total. 2 @ $ 20,683.00 = $41,366.00. First Offer - $41,366.00 1 / each $41,366.00 Y Supplier Total $41,366.00 2016-131City of Delray Beach BidSync8/15/2016 p. 1 55 66 Willo Item: Complete Form 5: Schedule of Pricing Attachments Supporting docs to bid.pdf E2 Brochure.pdf 2016-131City of Delray Beach BidSync8/15/2016 p. 2 2016-131City of Delray Beach BidSync8/15/2016 p. 3 2016-131City of Delray Beach BidSync8/15/2016 p. 4 2016-131City of Delray Beach BidSync8/15/2016 p. 5 2016-131City of Delray Beach BidSync8/15/2016 p. 6 2016-131City of Delray Beach BidSync8/15/2016 p. 7 2016-131City of Delray Beach BidSync8/15/2016 p. 8 2016-131City of Delray Beach BidSync8/15/2016 p. 9 2016-131City of Delray Beach BidSync8/15/2016 p. 10 E2 Fully Driven Chain Drive Locking Device Built with Quality to Last A Lifetime Paracentric lock located in bottom of housing to allow unlocking by key at each door without added expense of a Release Column. Highly visible, 30mm, Red/Green Door Indication LED at each door Remote individual manual release Remote gang manual release Hinged covers Furnished inside a 7 gauge steel housing for new construction Furnished as a retrofit kit for replac- ing older devices 714 Willo Industrial Drive S.E. · Decatur, AL 35601 · 256/353-7161· Fax 256/350-8436 Visit our website at www.willoproducts.com Features… 4-Point locking Lock bar is dead-locked in position to prevent unlocking if tampered with Limit switch monitors position of drop bar. Secure indication is given only when drop bar is fully engaged in dead - locked position. Manual unlocking by paracentric key at each door Electric unlocking with heavy duty, durable, drop bar motor 120 VAC drop bar and drive motors Automatic locking when door is moved to fully opened or closed position Passes ASTM F1643 cycle test of 500,000 cycles Retrofit: Uses existing control wiring Uses existing door, lock post, receiver, and housing above door Options... 2016-131City of Delray Beach BidSync8/15/2016 p. 11 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-838,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Purchasing Department THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 AWARD OF A PURCHASE ORDER TO WILLO PRODUCTS COMPANY, INC. FOR UPGRADE OF MAXIMUM SECURITY DOORS Recommended Action: Motion to Award a purchase order to Willo Products Company, Inc. for upgrade of maximum security doors in a total amount not to exceed $44,000.00. Background: On July 22, 2016, Purchasing issued an Invitation to Bid No. 2016-131 for the upgrade of maximum security doors at the Police Department. Out of the 34 suppliers that viewed this bid, Purchasing received one statement of no bid, and one bid. Strike Industries, Inc. submitted the only statement of no bid with a note that their firm did not meet the minimum qualifications set forth in the bid. The only bid was received from Willo Products Company in an amount of $41,366.00. A contingency fund of $2,634.00 is requested for minor modifications to this project. There are two doors at the Police Department which require upgrades to properly function. Those doors are used by Police personnel to isolate detainees from the outside before they are brought into a holding cell. Currently, the doors encounter many closing and locking issues that jeopardize the safety of Police personnel and detainees. To date, the City has not awarded any purchases to Willo Products Company, Inc. This motion to award is in accordance with the City Code of Ordinances, Chapter 36, Section 36.02 (A)(1), "Competitive Bids". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 001-3431-519-46.10 Repair & Maintenance Services/Building Maintenance. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ FY201 6/17 INITIATIVES PLACE M AKING 1 Approved 8.8.16 Goal: Enhance the physical and public space that will foster a welcoming, clean, safe, and attractive environment resulting in incr eased district value. Areas of Focus: Clean and Safe Programs - Downtown Safety and Perception Parking and Getting around Downtown Project Overview Notes Clean & Safe Program: Downtown Lighting program Manage the rope/twinkle Lighting program, implement and continue to work closely with the City team on lighting maintenance Evaluate the lighting needs for South of Atlantic District and Plan (Private/Public support) Enhance the Holiday Lighting for 2016 for the entire Downtown District (round about lighting in PGAD) - Window Decorating Contest throughout the Downtown Continue Street Pole Banner Program Continue to manage the Downtown Welcome Banners program (District Banners) Order new banners as needed and evaluate the District/Neighborhood banners Continue Downtown Signage Collaborate and advocate for the businesses on the Downtown Signage programs and Kiosk Collaborate on new Way finding signage for the Downtown with City and CRA Sustainability/Clean up Downtown Collaborate with City Sustainability Team on programs and initiatives for the downtown (recycling program development, reduction of plastic bottles with use of water fountain) Clean up Downtown initiative – Cigarette Butt container testing through Grant program (WM) Priority #2 Downtown Maintenance In collaboration with the City, work closely on the ongoing landscaping, sidewalk and trash can cleaning Collaborate with the City on Clean up Downtown project with Businesses Hospitality Zone Management / Nighttime Management: Collaborate and communicate with City Team on best practices and learnings from IDA and RHI Social Occupancy assessment FY201 6/17 INITIATIVES PLACE M AKING 2 Approved 8.8.16 Traffic and Parking in Downtown: Construction in Downtown Key communicator to the Downtown constituents of construction projects Liaison to City and Private Contractors of Downtown Key events and activities to be aware of through the process Promotions of Downtown during construction projects Parking Downtown Implement an Employee Parking Program following the soft launch of the program - Evaluate and Manage the program throughout the year Promote and Communicate the current Downtown Parking to residents, visitors and employees Continue to work closely with City team on development and implementation of Parking Management Program for Downtown IPIC Construction Parking – collaborate with the city and IPIC to develop a Valet program for the displaced customer parking Continue to promote the Downtown Trolley program and walkability; work with CRA and City on Digital signage opportunities to assist with funding Priority #1 Downtown Safety: Homeless Initiative Collaborate with the partners to assist in finding a solution for the Hot Spot areas Assist with educating the businesses on roles and responsibility Ambassador Program Collaborate with the City on the opportunity to enlist outside support of an Ambassador Public Safety team (West Palm DDA example program) to be a customer friendly resource and assist PD to reduce crime FY201 6/17 INITIATIVES M ARKETING DDA DISTRICT Approved 8.8.16 Goal: Market the entire Downtown DDA District to visitors, residents, and investors by strengthening the brand identity and image for the Downtown by promoting its amenities, business mix, culture and art through a consistent marketing plan driving awareness and economic growth to Downtow n. Areas of Focus: Marketing and Promotions of Downtown – Drive Retail/Business/Revenue Marketing Programs and Activities and Marketing Communications Project Overview Notes Marketing & Promotions Consistent Marketing/Adv Plan for Downtown Delray Beach Enhance the inbound marketing with building online content, blogger and influencer relations, and organic SEO Continue to advertise locally keeping the Downtown Top of Mind to both residents and visitors – PROMOTE THE NEIGHBORHOODS Annual Advertising and Marketing program - Enhance the creative design and messaging showcasing the experience and authenticity of the Downtown – Create New Marketing Campaign for FY17 Priority #2 Grow Online and Digital marketing Build site content and promote the Downtowndelraybeach.com site which will increase online engagement while increasing the business engagement Robust web presence: Go to source for all things Downtown Continue to grow the Video library and production of the Downtown series that captures the neighborhoods/districts, merchant testimony and authenticity of the Downtown Digital signage platform Priority #2B Social Media – Stronger Voice Build Fan engagement and Strengthen the customer relationship with Downtown Continue the strong and positive message driving awareness of the downtown businesses and increasing action and Build all platforms and promote results Reach 60,000 Fans Marketing Programs & Activities Build and Strengthen Marketing Programs Enhance and increase engagement within all program/activity areas - Programs and Activities (Shop Small, Holidays, Fashion Week, Savor, Orchid Giveaway, Small Biz Month, Summer Downtown, Health and Wellness, Art and Culture, Restaurant Week) Promote the Neighborhoods Create more Shopping Opportunities – promote the Daytime! Priority #1B FY201 6/17 INITIATIVES M ARKETING DDA DISTRICT Approved 8.8.16 Enhance the Guide to Downtown that will better promote and tell the story of Downtown Downtown Events Advocate and promote the Downtown Businesses to all event attendees – Downtown Merchants welcome you program Build the DDA/Merchant 2017 Fashion Week program through targeted efforts and build awareness of Downtown Delray as a unique Fashion and Beauty Destination Continue promoting downtown events both online and through social media Visitor Information Enhance the Visitor Information Center program tools and information turning leads into customers Robust collateral and digital signage that will promote the Downtown businesses and activities Partner with Team Delray and Discover the Palm Beaches to create a State recognized Visitor Center driving local and visitor traffic to the Downtown Businesses Priority #1 Marketing Communications Messaging/PR Build the communication strategy and plan that encompasses DDA projects and programs Continue to Grow PR program and engage media on all DDA programs Enhance and produce strategic email messaging that will target the specific audience both internally and externally while building database CVB Partnership and work with the DBMC Distribution Develop a strong distribution plan for all program materials Strengthen the Block Leader program Delray Beach DDA 85 SE 4th Ave, Ste 108 Delray Beach, FL 33483 Downtowndelraybeach.com #downtowndelray Wednesday, Aug. 24, 2016 TO: Mayor and City Commissioners FROM: Laura Simon, Executive Director, Delray Beach DDA & DDA Board of Directors CC: Mr. Donald Cooper, City Manager, DDA Board of Directors RE: RESOLUTION NO 36-16 TENTATIVE MILLAGE LEVY/DDA Summary: On June 13, 2016 at the DDA Regular Monthly meeting, the DDA board unanimously approved a proposed millage rate of 1.0000 for FY16/17. The current millage rate is 1.0000. The DDA held the FY16/17 Goal Setting meeting on June 1 where initiatives were prioritized to direct the DDA staff to develop the FY16/17 budget. The final FY16/17 budget and initiatives were approved at the August 8 DDA Board meeting. All meetings are open to the public. Background: The DDA has provided to the City Commission for their review the following items: - FY16/17 Approved Detailed Budget which includes FY15/16 budget detail - Approved FY16/17 DDA Initiatives The DDA will provide a presentation to the Mayor and City Commission on September 8, 2016 during the Public Hearing. Recommendation: The DDA is requesting approval from the City Commission on the FY16/17 proposed millage rate of 1.0000. Final approval will be made under Public Hearing on September 20, 2016. As of 7/5/16 Final 2014-15 Approved Budget 2014-15 Approved Budget 2015-16 Amended Budget 2015-16 FY16/17 Approved Budget Notes Revenues: AD VALOREM TAXES & INTR.625,741 621,828 692,831 692,831 798,976 95% of the expected tax revenue (full amount is $841k) at 1.0000 SPONSORSHIP RAISED 84,872 90,143 62,000 79,288 32,000 $5000 = Grant $27,000 = Guidebook Ads Add Sponsor income as it is raised Total Revenues 710,613 711,971 754,831 772,119 830,976 Expenditures DEVELOPMENT DDA DISTRICT ECONOMY TOTAL MARKETING DDA DISTRICT 228,893 233,114 245,300 284,685 297,560 Visitor Center Redo, All PR, Marketing/Advertising and Programs/Events RESEARCH and ECONOMIC DEVELOPMENT 35,214 46,638 56,950 62,850 82,850 Research Studies, Visitor Center Support, Surveys, Newsletter, Welcome Kit, Ped Counts, Annual Report, Econ Develop Programs PLACE MAKING/CLEAN AND SAFE 71,969 71,523 90,000 94,000 105,000 Banners, Lights, Parking Program, Signage. WIFI DDA DISTRICT GRANTS 61,315 61,325 50,000 50,250 40,000 WARC, PGAD, DBMC TOTAL BUSINESS DEVELOPMENT 397,391 412,599 442,250 491,785 525,410 Payroll Expenses 235,900 219,688 227,440 171,852 216,280 Payroll (3 fulltime), insurance, tax, retirement, workmans comp Operational Expenses 41,311 36,271 39,413 59,071 45,302 Auditor, Bookkeeping, Conf/Training, Deferred, Legal Office Expenses 38,550 38,095 38,800 43,108 37,628 Office supplies, rent, phones, etc Total Organizational Expenses 315,762 294,055 305,653 274,031 299,210 Total Revenues 710,613 711,971 754,831 772,119 830,976 Less Total Expenses 713,152 706,654 747,903 765,816 824,620 Net Income for year (7,539) 5,317 6,928 6,303 6,356 Raised Revenues - Private SPONSORSHIP RAISED 84,872 90,143 62,000 IN KIND REVENUES 1,300 Total Raised Revenues 86,172 90,143 62,000 DDA BUDGET 2015/2016 and PROPOSED FY16/17 BUDGET Top Line Report As of August 8, 2016 (approved by DDA board) As of 8.8.16 1 2 3 6 A Revenue & Expenses A c t u a l Final 2014-15 Approved Budget 2014-15 Approved Budget 2015-16 Amended Budget 2015-16 FY16/17 DDA Approved Budget NOTES REVENUES AD VALOREM TAXES & INTR. 1 Ad Valorem Taxes 625,618 621,718 692,721 692,721 798,976 95% of the expected tax revenue (full amount is $841k) 2 Interest earned 122 110 110 110 3 AD VALOREM TAXES & INTR. 625,741 621,828 692,831 692,831 798,976 increase of $106,444 SPONSORSHIP RAISED 4 Sponsorship Income - Marketing 17,650 17,650 12,786 5 Miscellaneous Income 6,302 6,243 5,377 5,000 VisitFlorida Small Business Grant received for July 2016 - July 2017 use 6 Guide Book Income 24,900 25,250 26,000 25,125 27,000 Advertising income 7 Howard Alan 36,000 36,000 36,000 36,000 projected based on HA shows confirmed 8 Other Legacy Partners 20 5,000 0 9 SPONSORSHIP RAISED 84,872 90,143 62,000 79,288 32,000 10 TOTAL REVENUES 710,613 711,971 754,831 772,119 830,976 Expenditures DEVELOPMENT DDA DISTRICT ECONOMY MARKETING DDA DISTRICT TOTAL 11 Downtown Guide Book 24,401 25,250 26,000 26,873 27,000 Forecast same costs different layout 12 Visitor Info. Centre Phone & Utilities 1,741 2,047 2,100 5,000 18,000 extra interior physical changes 13 Visit Florida Welcome Centers 3,360 3,354 3,500 3,680 3,600 same as b/4 14 Website Design & Update 7,495 8,727 13,800 13,800 9,160 amoratized amount $595. + $2010 total bal previous update 15 Public Relations & Communication 12,500 12,500 18,900 18,900 22,500 Based on increase 16 Other Misc. Advertising expenses 13,449 13,810 25,000 32,000 25,000 Photography, PBI and FLL Airport Signage, Stickers, Radio, etc 17 DDA Business Program Marketing 165,948 167,426 156,000 184,432 192,300 18 TOTAL MARKETING DDA DISTRICT 228,893 233,114 245,300 284,685 297,560 19 RESEARCH and ECONOMIC DEVELOPMENT 35,214 46,638 56,950 62,850 82,850 Retail and Bus Development Study costs 20 PLACE MAKING/CLEAN AND SAFE 71,969 71,523 90,000 94,000 105,000 ongoing twinkle lights Maint $11,400, Holiday lights $42.000 Banners $10,000; Parking Program TOTAL DEVELOPMENT DDA DISTRICT ECONOMY 336,076 351,274 392,250 441,535 485,410 DDA DISTRICT GRANTS 21 Pineapple Grove 4,990 5,000 5,000 5,000 5,000 Approved Grant Request Summary Inc_Exp Page 2 of 7 As of 8.8.16 1 2 3 6 A Revenue & Expenses A c t u a l Final 2014-15 Approved Budget 2014-15 Approved Budget 2015-16 Amended Budget 2015-16 FY16/17 DDA Approved Budget NOTES 22 West Atlantic 5,000 5,000 15,000 15,250 5,000 Approved Grant Request 23 Chirstmas Tree Partnership 30,000 30,000 30,000 30,000 30,000 Approved Grant Request 24 Christmas Tree Maintenance 21,325 21,325 0 0 25 TOTAL DDA DISTRICT GRANTS 61,315 61,325 50,000 50,250 40,000 26 TOTAL BUSINESS DEVELOPMENT 397,391 412,599 442,250 491,785 525,410 Expenditures Office/Administrative 27 DDA Payroll 191,058 177,434 182,536 139,565 167,292 Includes staff increase 5% 28 P/R Taxes,SUTA,FUTA 14,942 14,222 14,540 10,957 13,008 29 Health Insurance 14,794 13,051 13,051 11,964 19,577 DDA is on the City of DB Insurance plan - plan will change in Oct. Costs have not been projected 30 Worker's Comp, Ins 1,055 895 895 1,460 2,000 due 3 fulltime staff 31 Retirement 14,052 14,086 16,418 7,906 14,403 10% Director and 7% for Staff starting Feb. 17 32 Payroll Expenses 235,900 219,688 227,440 171,852 216,280 Per payroll projections 33 Independent Contractor 0 0 0 0 34 External Audit Fees 6,800 6,800 6,800 6,800 6,800 Based on FY14/15 35 Bookkeeping & Payroll Svcs 4,980 4,980 5,616 5,660 5,700 36 Dues, Subscriptions 4,581 4,557 4,600 4,012 4,500 37 Board Liability Ins + Office Contents 7,296 7,296 7,942 7,346 7,347 38 Property Appraiser Fee 4,870 5,396 5,455 5,053 5,755 39 Conferences Travel Meetings 8,322 7,242 9,000 12,000 10,000 IDA conf falls into 2015/16 (reduced 2000) 40 Legal Fees 4,463 0 200 200 41 Deferred Expenses 0 0 18,000 5,000 Increase when Amend budget at 6 month review 42 Operational Expenses 41,311 36,271 39,413 59,071 45,302 43 Car allowance 3,600 3,600 3,600 3,000 3,000 44 Phones 5,897 5,736 6,000 7,000 5,028 $2,220. cells $1,608 Phones Comcast$1,200 45 Office Supplies & repairs etc 8,012 7,537 8,000 12,858 8,900 46 Postages & Printing 3,042 3,182 3,200 1,500 1,500 47 Office rental 18,000 18,041 18,000 18,750 19,200 $1.600 per month expecting an increase 48 Office Expenses 38,550 38,095 38,800 43,108 37,628 49 Total Organizational Expenses 315,762 294,055 305,653 274,031 299,210 50 Total Revenues 710,613 711,971 754,831 772,119 830,976 51 Less Total Expenses 713,152 706,654 747,903 765,816 824,620 52 Less Bad Debt 5,000 53 Net Income for year -7,539 5,317 6,928 6,303 6,356 Summary Inc_Exp Page 3 of 7 As of 8.8.16 1 2 3 6 A Revenue & Expenses A c t u a l Final 2014-15 Approved Budget 2014-15 Approved Budget 2015-16 Amended Budget 2015-16 FY16/17 DDA Approved Budget NOTES 54 In Kind Revenues 1,300 Summary Inc_Exp Page 4 of 7 As of 8.8.16 1 2 3 4 MARKETING DDA DISTRICT TOTAL Final 2014-15 Approved Budget 2014-15 Approved Budget 2015-16 Amended Budget 2015-16 FY16/17 DDA Approved Budget DDA BUSINESS PROGRAM MARKETING 4 TOTAL CREATIVE & BROCHURE PRINTING 37,603 38,110 31,500 36,500 39,100 7 TOTAL LOCAL PRINT ADVERTISING 8,010 8,010 12,000 10,000 10,000 11 TOTAL INTERNET ADVERTISING 26,071 26,900 30,000 30,000 32,000 15 TOTAL MEDIA ADVERTISING 28,925 30,675 30,500 33,500 27,500 16 TOTAL MONTHLY CAMPAIGN 100,609 103,695 104,000 110,000 108,600 25 TOTAL LOCAL/REGIONAL/NTL PUBLICATIONS 24,008 22,533 22,000 19,432 15,700 26 RETAIL PROMOTIONS 41,331 41,198 30,000 55,000 68,000 27 SUB TOT MARKETING DDA DISTRICT 165,948 167,426 156,000 184,432 192,300 28 LESS EXPS - SPONSOR TO BE RAISED (23,996) (23,893) 29 TOT MARKETING DDA DISTRICT EXPENSES BUDGET 142,902 143,533 156,000 184,432 Marketing and Advertising Summary Budget Mark. & Adv. Summary Page 5 of 7 as of 8.8.16 1 2 3 4 B MARKETING DDA DISTRICT TOTAL Final 2014-15 Approved Budget 2014-15 Approved Budget 2015-16 Amended Budget 2015-16 FY16/17 DDA Approved Budget Notes DDA BUSINESS PROGRAM MARKETING CREATIVE & BROCHURE PRINTING 1 All Creative 31,479 31,072 25,000 30,000 31,000 2 Monthly Web Updates 1,546 2,301 1,500 1,500 3,600 Increase in fees for updates 3 Printing - Brochure 4,578 4,737 5,000 5,000 4,500 4 TOTAL CREATIVE & BROCHURE PRINTING 37,603 38,110 31,500 36,500 39,100 5 LOCAL PRINT ADVERTISING 6 Newspapers 8,010 8,010 12,000 10,000 10,000 7 TOTAL LOCAL PRINT ADVERTISING 8,010 8,010 12,000 10,000 10,000 8 INTERNET ADVERTISING 9 Social Media Facebook etc. & Monthly Web 24,371 26,900 30,000 30,000 32,000 Increase for Email Marketing program 10 Public Relations 1,700 0 0 11 TOTAL INTERNET ADVERTISING 26,071 26,900 30,000 30,000 32,000 12 MEDIA ADVERTISING 13 TV Ads - 15 Spots 15,150 15,150 18,000 12,000 12,000 14 Video Production 13,775 15,525 12,500 21,500 15,500 Continue video development 15 TOTAL MEDIA ADVERTISING 28,925 30,675 30,500 33,500 27,500 16 TOTAL MONTHLY CAMPAIGN 100,609 103,695 104,000 110,000 108,600 17 LOCAL/REGIONAL/NTL PUBLICATIONS 18 Delray Beach Magazine 4,000 4,000 6,000 4,000 2,000 19 Boca Magazine 4,000 4,000 4,000 2,000 2,000 20 Other Publications 1,238 1,238 2,500 2,500 6,000 Boca Observer & Modern Luxury (reduced 2000) 21 Travel Guide to Florida - Annual 4,148 4,148 0 1,050 0 22 Horizon Travel Magazine - Wallstreet Journal & Canadian Edition 5,929 4,454 4,500 4,500 3,000 23 Visit Florida - Beach Magazine 1,994 1,994 2,500 2,659 2,700 24 Publications - Creative 2,700 2,700 2,500 2,723 0 25 TOTAL LOCAL/REGIONAL/NTL PUBLICATIONS 24,008 22,533 22,000 19,432 15,700 26 RETAIL PROMOTIONS 41,331 41,198 30,000 55,000 68,000 increase due to increase in city costs for events Marketing & Adverts Page 6 of 7 27 SUB TOT MARKETING DDA DISTRICT 165,948 167,426 156,000 184,432 192,300 28 LESS EXPS - SPONSOR TO BE RAISED (23,996) (23,893) 29 TOT MARKETING DDA DISTRICT EXPENSES BUDGET 142,902 143,533 156,000 184,432 Marketing & Adverts Page 7 of 7 RESOLUTION NO. 36-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.0000 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2016, and ending September 30, 2017. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $841,026,980. The tentative operating millage rate of $1.000 per one thousand dollars ($1,000.00) is more than the rolled-back rate of $0.8927 per one thousand dollars ($1,000.00) by 12.02%. Section 2. That the above tentative millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%)with the taxable value shown on the assessment roll to be extended. Section 3. That a public hearing was held on the proposed budget on September 8, 2016. RES. NO. 36-16 2 PASSED AND ADOPTED in regular session on this the 8th day of September, 2016. ______________________________ M A Y O R ATTEST: __________________________________ City Clerk City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-827,Version:1 TO: Mayor and Commissioners FROM: Laura Simon, Executive Director, Downtown Development Authority THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 RESOLUTION NO 36-16 TENTATIVE MILLAGE LEVY/DDA Recommended Action: Motion to Approve Resolution No. 36-16 Tentative DDA Millage Rate for FY 2017. Background: Resolution No. 36-16 tentatively levies a tax in the amount of 1.0000 mil on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2017. The proposed millage rate of 1.0000 for the DDA is the same as FY 2016 and is greater than the rolled back rate (0.8927) by 12.02%. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $841,026,980. A copy of the DDA budget for 2017 is attached. Final adoption of the DDA tax levy for FY 2017 is scheduled for September 20, 2016. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: N/A Timing of Request: Final adoption will be on September 20, 2016. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ RESOLUTION NO. 35-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $6.9611 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2016, and ending September 30, 2017. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $8,806,885,719. The tentative operating millage rate of $6.9611 per one thousand dollars ($1,000.00) is greater than the rolled-back rate of $6.5346 per one thousand dollars ($1,000.00) by 6.36%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,089,576. There is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $0.2496 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2016, and ending September 30, 2017, upon the taxable property of the City of Delray Beach, the assessed valuation being $8,810,213,080. Section 3. That the above tentative millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%)with the taxable value shown on the assessment roll to be extended. RES. NO. 35-162 Section 4. That a public hearing was held on the proposed budget on September 8, 2016. PASSED AND ADOPTED in regular session on this the 8th day of September, 2016. _________________________________ M A Y O R ATTEST: ________________________________ City Clerk City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-826,Version:1 TO: Mayor and Commissioners FROM: Jack Warner, Finance Department THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 RESOLUTION NO 35-16 TENTATIVE MILLAGE LEVY Recommended Action: Motion to Approve Resolution No. 35-16 Tentative Millage Levy for FY 2017. Background: This item before Commission is Resolution No. 35-16 which tentatively levies a tax on all properties in the City of Delray Beach for FY 2017. The proposed millage rate for FY 2017 is 6.9611 which can still be reduced at the second budget hearing on September 20, 2016 when the final millage rate is adopted. The proposed FY 2017 operating millage is 6.9611 while the proposed FY 2017 debt service millage is 0.2496. The proposed operating millage is more than the rolled back rate (6.5346) by 6.36%. The total millage rate for FY 2016 (both operating and debt) is less than the total millage rate for FY 2016 by 0.1260 or 1.72%. The final operating and debt service millage rates will be determined by the City Commission on September 20, 2016. The assessed valuation on all taxable property within the City for operating purposes is $8,806,885,719. The assessed valuation for debt service is $8,810,213,080. The reason for the differential is the exemptions that were granted to the historic properties in the City. They apply to the operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. The final FY 2017 millage rate and budget are scheduled for adoption on September 20, 2016. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Not applicable City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-826,Version:1 Timing of Request: This is the tentative adoption with final adoption on September 20, 2016. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ ATTENDANCE RECORDS – 2016 SITE PLAN REVIEW AND APPEARANCE BOARD NAME JAN 13 20 27 FEB 10 24 MAR 7 9 23 APR 13 27 MAY 11 25 JUN 8 22 JUL 13 27 AUG 10 24 SEP 14 28 OCT 12 26 NOV 16 30 DEC 14 28 Jose Aguila Reg Appt 08/07/12 Chair Reappt 08/05/14 Exp 08/31/16 P P P P A A A P P PP P P P Roger Cope Unexp Appt 06/17/14 Vice Chair Exp 08/31/16 P P P P P A P P P P P P James Chard Reg Appt 08/05/14 Exp 08/31/16 P P P P P P P P P P P P Reg Appt 09/03/15 Vlad Dumitrescus Exp 08/31/17 P P P P P P P P P P P P James Knight Reg Appt 05/15/12 2nd Vice Chair Reappt 08/05/14 Exp 08/31/16 P P P P P P P P A P P P Brett Porak Reg Appt 09/03/15 Exp 08/31/17 P P P P A P P P P __ _ Andrew Youngross Reg Appt 08/05/14 Exp 08/31/16 P P P P P P P A P P P A Shannon Dawson Unexp Appt 06/07/16 Exp 08/31/17 _ __ __ _ __ _ __ P S/City Clerk/Board Attendance 16/Site Plan Review and Appearance Board Mr. Brett Porak resigned 4/20/16. Ms. Dawson appointed on 6/7/16. N O M E E T I N G N O M E E T I N G SITE PLAN REVIEW AND APPEARANCE BOARD 8/16 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2016 Reg Appt 08/07/12 Reappt 08/05/14 Jose Aguila, Chair Architect 08/31/2016 Reg Appt 08/05/14 James Chard Marketing & Planning Consultant 08/31/2017 Unexp appt 06/07/16 Shannon Dawson Real Estate Associate 08/31/2016 Appt 08/05/14 Andrew Youngross Engineering Consultant 08/31/2017 Appt 09/03/15 Vlad Dumitrescu Registered Architect 08/31/2016 Unexp Appt 06/17/14+ 2 yrs Roger Cope, 1st Vice Chair Architect 08/31/2016 Unexp Appt 05/15/12 + 2 yrs Reappt 08/05/14 James Knight, 2nd Vice Chair Real Estate Broker/General Contractor S/City Clerk/Board 16/SPRAB Contact: Diane Miller, X-7040 SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT A Applicants with experience in the professions required: Annie Adkins-Roof Attorney / Real Estate Broker Joseph Cerola Design / Engineering Consultant James Chard Marketing & Planning Consultant / Incumbent Roger Cope Florida Licensed Architect / Incumbent Nicole Fontaine Real Estate Broker (also applying to the Planning & Zoning Board) Jim Knight Real Estate Broker / General Contractor / Incumbent (also applying to the Historic Preservation Board and the Planning & Zoning Board) Linda Lake Real Estate Sales Associates Chris Lowry Real Estate Broker (also applying to the Planning & Zoning Board) Colin McCann Florida Registered Landscape Architect William Morris Real Estate Developer (also applying to the Planning & Zoning Board) Christina Morrison Real Estate Broker / Certified Property Manager (also applying to the Planning & Zoning Board) Linda Purdo-Enochs Interior Designer / Real Estate Associates Applicants for At Large Seat: Kelly Barrette Co-founder & administrator of FB page (also applying for the Historic Preservation Board and the Planning & Zoning Board) Alice Finst Retired Educator Frederick Kaub Licensed Florida Professional Geologist / Licensed Florida Asbestos Consultant / Licensed Florida Well Water Contractor / Collier County Contractor Licensed Leslie Marcus Certified Financial Analyst (also applying to the Historic Preservation Board and the Planning & Zoning Board) Laura Sullivan Project Management City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-877,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 NOMINATIONS FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD Recommended Action: Recommend nominations for appointment for five (5) regular members to serve on the Site Plan Review and Appearance Board for two (2) year terms ending August 31, 2018. Background: The term for regular members,Mr.Jose Aguila,Mr.James Chard,Mr.Andrew Youngross,Mr.Roger Cope and Mr.James Knight expired on August 31,2016.Mr.Jose Aguila will have served two (2)full terms and is not eligible for reappointment.Mr.Andrew Youngross will have served one (1)full term and would not like to be nominated for reappointment.Mr.James Chard,Mr.Roger Cope and Mr. James Knight will have served one (1)full term,are eligible,and would like to be nominated for reappointment.Nominations for appointment are needed for five (5)regular members to serve two (2) year terms ending August 31, 2018. To qualify for appointment,a person shall either be a resident of or own property in the City,and/or own a business within the City.In addition,the City Commission shall fill five seats on the Board with an architect,landscape architect,realtor/real estate broker,civil engineer,general contractor,sign contractor,land planner,or interior designer.The remaining two seats shall be at large.The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted.None were found.Voter registration verification was completed and all are registered with the exception of Mr. Chris Lowry. Based on the rotation system,the nominations for appointment will be made by Vice Mayor Jacquet (Seat #2),Commissioner Katz (Seat #3),Deputy Vice Mayor Jarjura (Seat #4),Mayor Glickstein (Seat #5)and Commissioner Petrolia (Seat #1 )for five (5)regular members to serve two (2)year terms ending August 31, 2018. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ ATTENDANCE RECORDS - 2016 PUBLIC ART ADVISORY BOARD NAME JAN 25 FEB 22 MAR 28 APR 25 MAY 23 JUN 27 JUL 25 AUG 22 SEPT 26 OCT 24 NOV 28 DEC 26 Daniel Bellante Unexp Appt 03/20/12 Chair Reg Appt 07/09/13 Reappt 07/07/15 Exp 07/31/17 P P P P P P P Diane Carter Reg Appt 07/07/15 Exp 07/31/17 P A P P P A P Bridgette Hill Reg Appt 07/12/16 Exp 07/31/18 ______P Shirl Fields Reg Appt 07/15/14 Exp 07/31/16 P P P P P P A Anita Lovitt Reg Appt 07/12/16 Exp 07/31/18 ______P Marianne Regan Unexp Appt 05/17/16 Exp 07/31/17 ____P P P Francesca Mallows Reg Appt 07/07/15 Exp 07/31/17 A A A _________ Carolyn Pendelton-Parker Vice Chair Reg Appt 08/07/12 Reappt 07/01/14 Exp 07/31/16 P P P P P A P _____ Steven Blackwood Unexp Appt 04/06/15 Exp 07/31/16 P P P P P A A _____ Kevin Rouse Reg Appt 11/06/12 Reappt 07/01/14 Exp 07/31/16 P P P A P P A _____ S/City Clerk/Board Attendance 16/Public Art Advisory Board Ms. Francesca Mallows resigned March 28, 2016. Ms. Marianne Regan was appointed on May 17, 2016. Ms. Fields, Ms. Lovitt and Ms. Hill were appointed on July 12, 2016. PUBLIC ART ADVISORY BOARD 8/16 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/2017 Unexp Appt 03/20/12 Reappt 07/09/13 Reappt 07/07/15 Daniel Bellante, Chair Business Owner 07/31/2016 Vacant Sculptor/Artist 07/31/2017 Reg Appt 07/14/15 Diane Carter Photography/Artist 07/31/2017 Unexp Appt 5/17/16 Marianne Regan Human Resources Assistant 07/31/2018 Reg Appt 07/15/14 Reappt 07/12/16 Shirl Fields Jewelry Designer/Retired 07/31/2018 Reg Appt 07/12/16 Bridgette Hill Cosmetologist 07/31/2018 Reg Appt 07/12/16 Anita Lovitt Public Artist / Publicity Manager S/City Clerk/Board 16/Public Art Advisory Board Contact: Alberta Gaum 561-243-7136 PUBLIC ART ADVISORY BOARD EXHIBIT A Applicant with experience in the professions required: Alejandro Borrero Registered Architect / LEED Accredited Professional Applicants interested in being a Layperson: Gregory George Attorney Amy Lieberman Retired / Freelance Designer Christina Wood Freelance Writer & Editor City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-874,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD Recommended Action: Recommend nomination for appointment for one (1) regular member to serve on the Public Art Advisory Board for a two (2) year term ending July 31, 2018. Background: The term for regular member Mr.Steven Blackwood expired on July 31,2016.Mr.Steven Blackwood will have served an unexpired term and would not like to be nominated for reappointment. Nomination for appointment is needed for one (1)regular member to serve a two (2)year term ending July 31, 2018. The Land Development Regulations Article 8.5 enacted the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including,but not limited to,the selection,construction and placement of public art in/on City right-of-way and City owned property. The Public Art Advisory Board shall consist of seven (7)members.Three (3)seats on the Board must be filled with either an artist,architect,landscape architect or engineer.Laypersons of knowledge,experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted an application and would like to be nominated for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted.None were found.Voter registration verification was completed and all are registered. Based on the rotation system, the nomination for appointment will be made by Commissioner Petrolia (Seat #1) for one (1) regular member to serve a two (2) year term ending July 31, 2018. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ ATTENDANCE RECORDS - 2016 PLANNING AND ZONING BOARD NAME JAN 25 FEB 22 MAR 21 APR 18 MAY 16 JUN 20 JUL 18 AUG 15 SEPT 19 OCT 17 NOV 21 DEC 19 Unexp Appt 04/16/14 Robin Bird Appt 09/03/15 Chair Exp 08/31/17 P P P P A P Jay Jacobson Reg Appt 08/05/14 Exp 08/31/16 P P P P P P Mark Krall Reg Appt 08/05/14 First Vice Chair Exp 08/31/16 P P A P P P Joseph Pike Reg Appt 08/05/14 Vice Chair Exp 08/31/16 A P A P P P Steve Mackey Unexp Appt 10/21/14 Exp 08/31/16 P P P A P P Joycelyn Patrick Reg Appt 09/03/15 Exp 08/31/17 P P P P P P Louis Smith Reg Appt 09/15/15 Exp 08/31/17 P A P A P P S/City Clerk/Board Attendance 16/Planning and Zoning Board PLANNING AND ZONING BOARD 8/16 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2016 Reg Appt 08/05/14 Jay Jacobson Real Estate Investment/ Architect 08/31/2016 Reg Appt 08/05/14 Mark Krall, First Vice Chair Attorney 08/31/2016 Reg Appt 08/05/14 Joseph Pike, Vice Chair Civil Engineer 08/31/2017 Reg Appt 09/15/15 Louis Smith Merchandising / Sales 08/31/2016 Unexp Appt 10/21/14 Steve Mackey Broker Real Estate 08/31/2017 Reg Appt 09/03/15 Joycelyn Patrick Retired Real Estate Associate 08/31/2017 Unexp Appt 4/16/14+2yrs Appt 09/03/15 Robin Bird, Chair Planning & Zoning Director S/City Clerk/Board 16/Planning & Zoning Contact: Diane Miller x-7041 PLANNING & ZONING BOARD APPLICANTS EXHIBIT A Applicants with experience in the professions required: Daniel Caner Electrical Contractor / Paramedic License / Fire Fighter Certification James Chard Retired City Planner (currently serving on the Site Plan Review and Appearance Board) Nicole Fontaine Real Estate Broker (also applying to the Site Plan Review and Appearance Board) Jay Jacobson Architecture & Urban Design / Real Estate Investment / Incumbent Neal Jones Architect Jim Knight Real Estate Broker / General Contractor (also applying to the Historic Preservation Board and the Site Plan Review and Appearance Board) Mark Krall Land Use Attorney / Residential & Commercial Real Estate / Incumbent Jack Levine Business Solution Account Executive / Paralegal Certificate Chris Lowry Real Estate Broker (also applying to the Site Plan Review and Appearance Board) William Morris Real Estate Developer (also applying to Site Plan Review and Appearance Board) Christina Morrison Real Estate Broker / Certified Property Manager (also applying to Site Plan Review and Appearance Board) Joseph Pike Civil Engineering / Incumbent Dorota Szwem Architect Harold Van Arnem Commercial Real Estate and Redeveloper Maxwell Van Arnem Real Estate Associate (also applying to the Historic Preservation Board) Applicants for At Large Seat: Kelly Barrette Co-founder & administrator of FB page (also applying for the Historic Preservation Board and Site Plan Review and Appearance Board) David Beale Attorney Ryan Boylston Business owner / Marketing & Mass Communications (currently serving on the Downtown Development Authority) Brenda Cullinan Retired Superintendent Public Resources (also applying to the Board of Adjustment) Leslie Marcus Certified Financial Analyst (also applying to the Historic Preservation Board and the Site Plan Review and Appearance Board) Kevin Warner Retired Educator City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-876,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 NOMINATIONS FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD Recommended Action: Recommend nominations for appointment for four (4) regular members to serve on the Planning and Zoning Board for two (2) year terms ending August 31, 2018. Background: The term for regular members,Mr.Jay Jacobson,Mr.Mark Krall,Mr.Joseph Pike and Mr.Steve Mackey expired on August 31,2016.Mr.Jay Jacobson,Mr.Mark Krall and Mr.Joseph Pike will have served one (1)full term,are eligible,and would like to be nominated for reappointment.Mr.Steve Mackey will have served an unexpired term and would not like to be nominated for reappointment. Nominations for appointment are needed for four (4)regular members to serve two (2)year terms ending August 31, 2018 In order to qualify for appointment,a person shall be either a resident of,own property,own a business,or be an officer,director,or manager of a business located within the City of Delray Beach. In addition,the City Commission shall fill four seats on the Board with either an architect,landscape architect,realtor/real estate broker,engineer,developer,general contractor,land planner or land use attorney.The remaining three seats shall be at large.The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted.None were found.Voter registration verification was completed and all are registered with the exception of Mr.Jack Levine, Mr. Chris Lowry, Ms. Dorota Szwen and Mr. Maxwell Van Arnem. Based on the rotation system,the nominations for appointment will be made by Commissioner Katz (Seat #3),Deputy Vice Mayor Jarjura (Seat #4),Mayor Glickstein (Seat #5)and Commissioner Petrolia (Seat #1) for four (4) regular members to serve two (2) year terms ending August 31, 2018. City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-876,Version:1 City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ ATTENDANCE RECORDS - 2016 HISTORIC PRESERVATION BOARD NAME JAN 6 FEB 3 MAR 2 APR 6 MAY 4 18 JUN 6 JUL 6 AUG 3 SEPT 7 OCT 5 NOV 2 DEC 7 Bill Bathurst Reg Appt 09/03/15 Exp 08/31/17 P P P P P Angela Budano Reg Appt 08/05/14 Exp 08/31/16 P P P P P Andrea Harden Reg Appt 09/15/15 Exp 08/31/17 P P P P P John Miller Unexp Appt 08/20/13 Chair Reg Appt 08/05/14 Exp 08/31/16 P P P P P Price Patton Reg Appt 08/05/14 Vice Chair Exp 08/31/16 P P P P P Rhonda Sexton Reg Appt 10/21/14 Second Vice Chair Exp 08/31/16 P P A P P Andrea Sherman Unexp Appt 07/01/14 Reappt 08/15/15 Exp 08/31/17 P P P P P S/City Clerk/Board Attendance 16/Historic Preservation Board N O M E E T I N G S HISTORIC PRESERVATION BOARD 8/16 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2016 Appt 08/05/14 Angela Budano Consultant LEED / Building Design and Construction 08/31/2017 Appt 09/15/15 Andrea Harden Retired 08/31/2016 Unexp Appt 08/20/13 Reappt 08/05/14 John Miller, Chair Merchandising Director 08/31/2016 Unexp Appt 10/21/14 Rhonda Sexton, Second Vice Chair Housing & Interior Design/Certified General Contractor 08/31/2016 Appt 08/05/14 Price Patton, Vice Chair Journalism 08/31/2017 Unexp Appt 07/01/14 Reg Appt 08/15/15 Andrea Sherman Interior Designer 08/31/2017 Appt 09/03/15 William (Bill) Bathurst Real Estate Broker & Consultant S/City Clerk/Board 16/Historic Preservation Board Contact: Diane Miller X 7041 HISTORIC PRESERVATION BOARD EXHIBIT A Applicants with experience in the professions required: Angela Budano Consultant LEED Accredited Professional Building Design and Construction / Incumbent John Klein Registered Architect –Owns a home in the Historic District James Knight Real Estate Broker / General Contractor (currently serving on the Site Plan Review and Appearance Board and the Planning & Zoning Board) Jesse Saginor Urban Regional Planning Professor (currently serving on the Delray Beach Housing Authority Board) Rhonda Sexton Housing & Interior Designer / Certified General Contractor / Incumbent Maxwell Van Arnem Real Estate Associate (also applying to the Planning & Zoning Board) Applicants interested in being a Layperson: Kelly Barrette Co-Founder & Administrator of FB page (also applying for the Site Plan Review and Appearance Board and the Planning & Zoning Board) Saralyn Buzen Retired – Educator / Business Owner Mindy Farber Civil Rights Attorney (also applying to the Civil Service Board) Philip Friedman Retired Assistant Director (also applying to the Education Board) John Miller Business Owner / Marketing / Sales Management / Incumbent Leslie Marcus Certified Financial Analyst (also applying to the Planning and Zoning Board and the Site Plan Review and Appearance Board) Price Patton Historic Preservation Renovation / Retired Journalist / Incumbent Dudley Veillard Certified Nursing Assistant & Home Health Aid / D Licensed Security Certified (also applying to the Board of Adjustment and Civil Service Board) City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-875,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 NOMINATIONS FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD Recommended Action: Recommend nominations for appointment for four (4) regular members to serve on the Historic Preservation Board for two (2) year terms ending August 31, 2018. Background: The term for regular members,Ms.Angela Budano,Mr.John Miller,Ms.Rhonda Sexton and Mr. Price Patton expired on August 31,2016.Ms.Angela Budano,Mr.John Miller,Ms.Rhonda Sexton and Mr.Price Patton will have served one (1)full term,are eligible,and would like to be nominated for reappointment.Nominations for appointment are needed for four (4)regular members to serve two (2) year terms ending August 31, 2018. To qualify for appointment,a person shall either be a resident of,or own property in the City,and/or own a business within the City.In addition,the City Commission shall fill five (5)seats on the Board with either an architect,landscape architect,realtor/real estate broker,civil engineer,general contractor,architectural historian,preservationist,land planner or interior designer.Laypersons of knowledge,experience,and judgment that have an interest in historic preservation shall compose the balance of the Board.Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following individuals have submitted applications and would like to be nominated for appointment: (Applications are in alphabetical order;however,the applicants are placed in their respective categories.) (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted.None were found.Voter registration verification was completed and all are registered with the exception of Maxwell Van Arnem and Mindy Farber. Based on the rotation system,the nomination for appointment will be made by Deputy Vice Mayor Jarjura (Seat #4),Mayor Glickstein (Seat #5),Commissioner Petrolia (Seat #1)and Vice Mayor Jacquet (Seat #2) for four (4) regular members to serve two (2) year terms ending August 31, 2018. City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-875,Version:1 City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ ATTENDANCE RECORDS - 2016 EDUCATION BOARD NAME JAN 4 FEB 1 MAR 7 APR 4 MAY 2 JUN 6 JUL 4 AUG 1 SEPT 5 OCT 3 NOV 7 DEC 1 Reg Appt 07/01/14 Mercie Alcindor Exp 07/31/16 P P P P A Reg Appt 07/17/12 Angela Burns Reappt 07/01/14 Exp 07/31/16 P P P P P Reg Appt 08/06/13 Cathy DeMatto Reappt 07/14/15 2nd Vice Chair Exp 07/31/17 A P P A P Unexp Appt 10/20/15 Jervonte Edmonds Exp 07/31/16 A P A P P Reg Appt 04/01/14 Jeremy Office Exp 07/31/16 P A P A P Unexp Appt 10/01/13 Daryl Pauling Reappt 07/14/15 Exp 07/31/17 A A A P P Reg Appt 04/01/14 Michelle Quigley Exp 07/31/16 P P P P P Barbara Stark Unexp Appt 05/17/16 Exp 07/31/17 ----- Reg Appt 07/14/15 Drew Tucker Exp 07/31/17 A P P P P Reg Appt 07/25/13 Joyce Warner Reappt 07/14/15 Exp 07/31/17 P P A P P Reg Appt 07/14/15 Marjorie Waldo Exp 07/31/17 P P P -- Reg Appt 07/14/15 Bryan Weber Exp 07/31/17 Chair P P A P P Nikkie Dugan Reg Appt 10/07/14 (2 year term) Reappt 07/14/15 Exp 07/31/17 A P P P P Neeharika Madala Reg Appt 02/16/16 (1 year term) Exp 07/31/17 --A P A S/City Clerk/Board Attendance 16/Education Board Ms. Marjorie Waldo resigned on 3/18/16. Ms. Barbara Stark appointed on 5/17/16. N O M E E T I N G EDUCATION BOARD 8/16 TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2018 Appt 07/15/14 Reappt 07/12/16 Mercie Alcindor Educator 07/31/2018 Vacant 07/31/2017 Appt 08/06/13 Reappt 07/14/15 Cathy DeMatto, 2nd Vice Chair Development Consultant 07/31/2018 Reg Appt 10/20/15 Reappt 07/12/16 Jervonte Edmonds Real Estate Associate 07/31/2018 Reg Appt 07/12/16 Raiko Knight Educational Leadership / Psychologist / School Counseling 07/31/2017 Unexp Appt 10/01/13 Reappt 07/14/15 Daryl Pauling Educator 07/31/2018 Vacant 07/31/2017 Reg Appt 07/14/15 Drew Tucker Director of Education and Outreach 7/31/2017 Unexp Appt 05/17/16 Barbara Starks Educator 07/31/2017 Reg Appt 07/25/13 Reappt 07/14/15 Joyce Warner Educator 07/31/2017 Unexp Appt 07/14/15 Bryan Weber, Chair Attorney STUDENT MEMBERS (one term limit) 7/31/2017 Appt 10/07/14 Reappt 07/14/15 2 YEAR TERM Nikkie Dugan Student 7/31/2017 Unexp Appt 02/16/16 1 YEAR TERM Neeharika Madala Student S/City Clerk/Board 2016/Education Board Contact: Janet Meeks 243-7231 EDUCATION BOARD APPLICANTS EXHIBIT A Allison Castellano Educator Phillip Friedman Retired Assistant Director (also applying to the Historic Preservation Board) Sharese Gillard Educator / Mortgage Broker & Realtor Margarita Kaufman Educator Catherine Reynolds Educator Edward Whalen Educator City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-719,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 NOMINATIONS FOR APPOINTMENT TO THE EDUCATION BOARD Recommended Action: Recommend nominations for appointment for two (2) regular members to serve on the Education Board for two (2) year terms ending July 31, 2018. The term for regular members Ms.Michelle Quigley and Mr.Jeremy Office expired on July 31,2016. Ms.Michelle Quigley and Mr.Jeremy Office will have served one (1)full term and would not like to be nominated for reappointment.Nominations for appointment are needed for two (2)regular members to serve two (2) year terms ending July 31, 2018. Members of the Education Board must be a resident of the City,own property,own or operate a business within the City or have a child attending Delray Beach public schools.It is the intent, whenever possible,that the membership include persons with a background in business,real estate and/or education. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted.None were found.Voter registration verification was completed and all are registered. Based on the rotation system the nominations for appointment will be made by Commissioner Petrolia (Seat #1)and Commissioner Katz (Seat #3)for two (2)regular members to serve two (2) year terms ending July 31, 2018. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ ATTENDANCE RECORDS - 2016 CIVIL SERVICE BOARD NAME JAN FEB MAR APR 28 MAY JUN JUL AUG SEPT OCT NOV DEC Appt 06//19/12 Carol Clark Reapp 07/01/14 Vice Chair Exp 07/01/16 P A Re Elected 04/28/15 Chassler Holm Exp 04/26/16 P P Jennifer Reynolds Re-Elected 04/28/15 Chair Exp 04/26/16 A A Appt 07/05/12 Keith Sonderling Reappt 07/15/14 Exp 07/01/16 A A Yvonne Walker Re Appt 10/20/15 Exp 04/01/17 P P Andrea Franzone Elected 04/27/16 Exp 04/26/17 _P Sue Radig Elected 04/27/16 Exp 04/26/17 _P ALTERNATES Vacant Appt Exp 07/01/16 __ Re- Elected 04/28/15 Desiree Lancaster Exp 04/26/16 P P S/Clerk/Board Attendance 16/Civil Service Board Ms. Andrea Franzone elected on 4/27/16 Ms. Sue Radig elected on 4/27/16 N O M E E T I N G S N O M E E T I N G S CIVIL SERVICE BOARD 8/16 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01/2016 Vacant 07/01/2016 Vacant 04/01/2017 Reg Appt 10/20/15 Yvonne Walker Retired Accountant 04/26/2017 Elected 04/27/16 Sue Radig, Chairperson Human Resources 04/26/2017 Elected 04/27/16 Andrea Franzone, Vice Chair Community Improvement ALTERNATES 07/01/2016 Vacant 04/26/2017 Elected 04/30/14 Re-elected 04/28/15 Re-elected 04/27/16 Desiree Lancaster Executive Assistant/Fire Dept S/City Clerk/Board 16/Civil Service Contact: Yolaina Ruiz 243-7056 CIVIL SERVICE BOARD EXHIBIT “A” Mindy Farber Civil Rights and Employment Attorney (also applying to the Historic Preservation Board) Dudley Veillard Certified Nursing Assistant & Home Health Aid / D Licensed Security Certified (also applying to the Historic Preservation Board and the Board of Adjustment) City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-867,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Cleark THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 NOMINATIONS FOR APPOINTMENT TO THE CIVIL SERVICE BOARD Recommended Action: Recommend nominations for appointment for two (2) regular members and one (1) alternate member to serve on the Civil Service Board for two (2) year terms ending July 1, 2018. However, only two (2) appointments will be made because there are only two (2) applicants at this time. The term for regular members,Mr.Keith Sonderling and Ms.Carol Clark expired on July 1,2016.Mr. Keith Sonderling and Ms.Carol Clark will have served two (2)full terms and are not eligible for reappointment.In addition,there is a vacancy for an alternate member.Nominations for appointment are needed for two (2)regular members and one (1)alternate member to serve two (2)year terms ending July 1,2018.However,only two (2)appointments will be made because there are only two (2) applicants at this time. According to the Civil Service Act,there are to be five (5)regular members on the Civil Service Board;three (3)of which are to be of different vocations or vocational backgrounds,not employed by the City in any capacity,official or otherwise and appointed by the City Commission.Eligible City employees elect two (2)regular members.In addition,there are two (2)alternate members.The appointee need not be a resident, property owner or business owner within the City. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted.None were found.Voter registration verification was completed and all are registered with the exception of Ms. Mindy Farber. Based on the rotation system,the nominations for appointment will be made by Deputy Vice Mayor Jarjura (Seat #4)and Mayor Glickstein (Seat #5)for two (2)regular members to serve two year terms ending July 1, 2018. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ ATTENDANCE RECORDS - 2016 BOARD OF ADJUSTMENT NAME JAN 7 21 FEB MAR 3 APR MAY JUN JUL AUG SEPT OCT NOV DEC Alt Unexp Appt 06/07/11 Brenda Cullinan Alt Reappt 10/01/13 Reg Appt 09/04/14 Exp 08/31/16 P P P Reg Appt 08/11/15 Kat Kadian-Baumeyer Exp 08/31/17 P P P Alt Unexp Appt 10/19/10 Allen Kilik Reg Unexp Appt 05/17/11 Chair Reg Appt 08/21/12 Re Appt 08/19/14 Exp 08/31/16 P P P Alt Appt 08/16/11 Dale Miller Unexp Exp 09/20/11 Vice Chair Reg Appt 08/21/12 Re Appt 08/19/14 Exp 08/31/16 P P P Alt Unexp Appt 03/19/13 Jess Sowards Reg Appt 08/11/15 Exp 08/31/17 P P P ALTERNATES Vacant Unexp Appt Exp 08/31/17 _ _ Unexp Appt Vacant Exp 08/31/17 _ _ S/City Clerk/Board Attendance 16/Board of Adjustment N O M E E T I N G N O M E E T I N G S BOARD OF ADJUSTMENT 8/16 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2016 Alt Unexp Appt 11/01/11 Alt Reappt 10/01/13 Reg Appt 09/04/14 Brenda Cullinan Retired Superintendent Public Resources 08/31/2017 Reg Appt 08/11/15 Kat Kadian-Baumeyer Real Estate Associate 08/31/2016 Alt Unexp Appt 10/19/10 Reg Unexp Appt 05/17/11 Reappt 08/21/12 Reappt 08/19/14 Allen Kilik, Chair Retired-CEO 08/31/2016 Alt Appt 08/16/11 Unexp Appt 09/20/11 Reappt 08/21/12 Reappt 08/19/14 Dale Miller, Vice Chair Interior Designer 08/31/2017 Unexp Appt 03/19/13 Reg Appt 08/11/15 Jess Sowards Architect ALTERNATES 08/31/2017 Vacant Retired 08/31/2017 Vacant S/City Clerk/Board 16/Board of Adjustment Contact: Yolaina Ruiz 243-7056 BOARD OF ADJUSTMENT EXHIBIT “A” Brenda Cullinan Retired Superintendent Public Resources / Incumbent (also applying to the Planning and Zoning Board) Dudley Veillard Certified Nursing Assistant & Home Health Aid / D Licensed Security Certified (also applying to the Historic Preservation Board and Civil Service Board) City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-866,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 NOMINATIONS FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT Recommended Action: Recommend nominations for appointment for three (3) regular members and two (2) alternate members to serve on the Board of Adjustment for two (2) year terms ending August 31, 2018. However, only two (2) appointments will be made because there are only two (2) applicants at this time. The term for regular members,Mr.Allen Kilik,Ms.Dale Miller and Ms.Brenda Cullinan expired on August 31,2016.Mr.Allen Kilik and Ms.Dale Miller will have served two (2)full terms and are not eligible for reappointment.Ms.Brenda Cullinan will have served one (1)term,is eligible,and would like to be nominated for reappointment.Nominations for appointment are needed for three (3)regular members and two (2)alternate members to serve two (2)year terms ending August 31,2018. However,only two (2)appointments will be made because there are only two (2)applicants at this time. The Board of Adjustment shall consist of five (5)regular members and two (2)alternate members.To qualify for appointment,a person shall be either a resident of or own property in the City,and/or own a business within the City.In addition,the City Commission shall fill three seats on the Board with either an architect,landscape architect,realtor/real estate broker,engineer,general contractor or land planner.The remaining two seats shall be at large.The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted.None were found.Voter registration verification was completed and all are registered. Based on the rotation system,the nominations for appointment will be made by Vice Mayor Jacquet (Seat #2)and Commissioner Katz (Seat #3)for two (2)regular members to serve two year terms ending August 31, 2018. City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-866,Version:1 City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ City of Delray Beach Group Medical Insurance Effective Date: October 01, 2016 Schedule of Benefits CIGNA HMO Core CIGNA HMO Buy-Up UnitedHealthcare Core UnitedHealthcare Buy Up Plan Basics In-Network Only In-Network Only In-Network Out-of-Network In-Network Only In-Network Only In-Network Out-of-Network Lifetime Maximum Unlimited Unlimited Unlimited Unlimited Plan Year Deductible (PYD) Single $1,500 $750 $1,500 $3,000 $1,500 $750 $1,500 $3,000 Family $3,000 $1,500 $3,000 $6,000 $3,000 $1,500 $3,000 $6,000 Maximum Out-of-Pocket Single $5,000 $3,500 $4,750 $9,500 $3,000 $2,500 $3,000 $9,500 Family $10,000 $7,000 $9,500 $19,000 $6,000 $5,000 $6,000 $19,000 Coinsurance Level of Coverage 30%20%10%40%20%20%10%40% Outpatient Services PCP Office Visit $45 $40 10% after PYD 40%$40 $40 10% after PYD 40% Specialist Office Visit $65 / $85 $60 / $80 10% or 20% after PYD 40% after PYD $50 / $65 $50 / $65 10% or 20% after PYD 40% after PYD Preventative Care No charge No charge No charge 40%No charge No charge No charge 40% Laboratory Services No charge No charge 10% after PYD 40% after PYD No charge No charge 10% after PYD 40% after PYD Advanced Imaging 30% after PYD 20% after PYD 10% after PYD 40% after PYD 20% after PYD 20% after PYD 10% after PYD 40% after PYD Urgent Care Center $75 $75 10% after PYD 10% after PYD $50 $50 10% after PYD 10% after PYD Hospital Charges Inpatient 30% after PYD 20% after PYD 10% after PYD 40% after PYD 20% after PYD 20% after PYD 10% after PYD 40% after PYD Outpatient 30% after PYD 20% after PYD 10% after PYD 40% after PYD 20% after PYD 20% after PYD 10% after PYD 40% after PYD Physician Services 30% after PYD 20% after PYD 10% or 20% after PYD 40% after PYD 20% after PYD 20% after PYD 10% or 20% after PYD 40% after PYD Emergency Room Visit $500 $300 10% after PYD 10% after PYD $500 $300 10% after PYD 10% after PYD Ambulance Services 30% after PYD 20% after PYD 10% after PYD 10% after PYD 20% after PYD 20% after PYD 10% after PYD 10% after PYD M.H. / Alcohol / Sub Abuse Inpatient 30% after PYD 20% after PYD 10% after PYD 40% after PYD 20% after PYD 20% after PYD 10% after PYD 40% after PYD Outpatient $45 $40 10% after PYD 40% after PYD $40 $40 10% after PYD 40% after PYD Prescription Drug Benefit Preventive Drug List (Tier 1/2/3)No charge No charge NC / NC / 50%No charge No charge NC / NC / 50% Tier 1 $30 $20 30% after PYD $20 $20 $20 after PYD Tier 2 $55 $45 40% after PYD $50 $40 $40 after PYD Tier 3 $80 $65 50% after PYD $75 $65 $60 after PYD Mail Order (90 day supply)$60 / $110 / $160 $40 / $90 / $130 30%/40%/50% after PYD $40 / $100 / $150 $40 / $80 / $120 $40/$80/$120 after PYD CURRENT Unlimited CIGNA Choice Fund HDHP In-Network coverage only FINAL SOLD UnitedHealthcare Choice Plus HRA Unlimited In-Network coverage only City of Delray Beach Employee Benefits Cost Comparison Effective: October 1, 2016 Dental Carrier Plan Option Advantage EPO DHMO CS 150 Low PPO High PPO Met290 FL Flex PPO Employee Only $16.70 $16.00 $30.70 $33.78 $10.43 $34.36 Employee Spouse/Employee + 1 $32.06 $30.40 $58.87 $64.76 $19.12 $67.89 Employee + Child(ren)----$21.13 $75.05 Employee + Family/Employee + 2 $53.02 $40.16 $96.08 $105.70 $29.81 $108.79 Vision Carrier Employee Only Employee + 1 Employee + 2 CURRENT FINAL SOLD FINAL SOLD $4.57 MetLife $9.58 $13.74 CURRENT Humana $8.91 $12.78 EyeMed $4.92 Humana City of Delray Beach Employee Benefits EE/ER Cost Comparison Effective: October 1, 2016 Employee Employer Total Employee Employer Total Employee Employer Total Employee Employer Total HMO Core Salary under $35K Employee Only 47 $0.00 $464.79 $464.79 1 $0.00 $464.79 $464.79 3 $0.00 $464.79 $464.79 0 $0.00 $464.79 $464.79 Employee + Spouse 3 $172.75 $803.30 $976.05 0 $215.94 $760.11 $976.05 0 $198.66 $777.39 $976.05 0 $241.85 $734.20 $976.05 Employee + Child(ren)2 $138.35 $744.74 $883.09 0 $172.94 $710.15 $883.09 0 $159.10 $723.99 $883.09 0 $193.69 $689.40 $883.09 Employee + Family 2 $293.11 $1,008.28 $1,301.39 0 $366.39 $935.00 $1,301.39 0 $337.08 $964.31 $1,301.39 0 $410.35 $891.04 $1,301.39 HMO Core Salary $35K -$50K Employee Only 73 $0.00 $464.79 $464.79 0 $0.00 $464.79 $464.79 3 $0.00 $464.79 $464.79 0 $0.00 $464.79 $464.79 Employee + Spouse 4 $190.02 $786.03 $976.05 2 $237.53 $738.52 $976.05 0 $218.52 $757.53 $976.05 2 $266.03 $710.02 $976.05 Employee + Child(ren)9 $152.19 $730.90 $883.09 1 $190.24 $692.85 $883.09 0 $175.02 $708.07 $883.09 0 $213.06 $670.03 $883.09 Employee + Family 11 $322.42 $978.97 $1,301.39 2 $403.03 $898.36 $1,301.39 0 $370.78 $930.61 $1,301.39 1 $451.39 $850.00 $1,301.39 HMO Core Salary above $50K Employee Only 55 $0.00 $464.79 $464.79 2 $0.00 $464.79 $464.79 7 $0.00 $464.79 $464.79 1 $0.00 $464.79 $464.79 Employee + Spouse 4 $207.30 $768.75 $976.05 0 $259.13 $716.92 $976.05 0 $238.40 $737.65 $976.05 1 $290.22 $685.83 $976.05 Employee + Child(ren)6 $166.02 $717.07 $883.09 0 $207.53 $675.56 $883.09 0 $190.92 $692.17 $883.09 0 $232.43 $650.66 $883.09 Employee + Family 9 $351.73 $949.66 $1,301.39 0 $439.66 $861.73 $1,301.39 1 $404.49 $896.90 $1,301.39 0 $492.42 $808.97 $1,301.39 HMO Buy Up Salary under $35K Employee Only 10 $68.86 $464.10 $532.96 0 $86.08 $446.88 $532.96 0 $79.19 $453.77 $532.96 1 $96.40 $436.56 $532.96 Employee + Spouse 0 $360.33 $758.87 $1,119.20 0 $450.41 $668.79 $1,119.20 0 $414.38 $704.82 $1,119.20 0 $504.46 $614.74 $1,119.20 Employee + Child(ren)5 $305.27 $707.34 $1,012.61 0 $381.59 $631.02 $1,012.61 0 $351.06 $661.55 $1,012.61 0 $427.38 $585.23 $1,012.61 Employee + Family 0 $553.15 $939.12 $1,492.27 0 $691.44 $800.83 $1,492.27 0 $636.12 $856.15 $1,492.27 1 $774.41 $717.86 $1,492.27 HMO Buy Up Salary $35K -$50K Employee Only 20 $68.86 $464.10 $532.96 1 $86.08 $446.88 $532.96 2 $79.19 $453.77 $532.96 0 $96.40 $436.56 $532.96 Employee + Spouse 5 $396.36 $722.84 $1,119.20 0 $495.45 $623.75 $1,119.20 0 $455.81 $663.39 $1,119.20 1 $554.90 $564.30 $1,119.20 Employee + Child(ren)0 $335.79 $676.82 $1,012.61 0 $419.74 $592.87 $1,012.61 0 $386.16 $626.45 $1,012.61 1 $470.11 $542.50 $1,012.61 Employee + Family 1 $608.46 $883.81 $1,492.27 0 $760.58 $731.69 $1,492.27 0 $699.73 $792.54 $1,492.27 0 $851.84 $640.43 $1,492.27 HMO Buy Up Salary above $50K Employee Only 22 $68.86 $464.10 $532.96 3 $86.08 $446.88 $532.96 1 $79.19 $453.77 $532.96 3 $96.40 $436.56 $532.96 Employee + Spouse 3 $432.39 $686.81 $1,119.20 0 $540.49 $578.71 $1,119.20 0 $497.25 $621.95 $1,119.20 0 $605.35 $513.85 $1,119.20 Employee + Child(ren)4 $366.32 $646.29 $1,012.61 0 $457.90 $554.71 $1,012.61 0 $421.27 $591.34 $1,012.61 0 $512.85 $499.76 $1,012.61 Employee + Family 2 $663.77 $828.50 $1,492.27 0 $829.71 $662.56 $1,492.27 1 $763.34 $728.93 $1,492.27 0 $929.28 $562.99 $1,492.27 Choice Fund Salary under $35K Employee Only 27 $26.04 $547.20 $573.24 1 $32.55 $540.69 $573.24 0 $26.04 $547.20 $573.24 0 $32.55 $540.69 $573.24 Employee + Spouse 5 $130.56 $1,073.25 $1,203.81 0 $163.20 $1,040.61 $1,203.81 1 $130.56 $1,073.25 $1,203.81 0 $163.20 $1,040.61 $1,203.81 Employee + Child(ren)8 $108.98 $980.16 $1,089.14 1 $136.23 $952.91 $1,089.14 0 $108.98 $980.16 $1,089.14 0 $136.23 $952.91 $1,089.14 Employee + Family 5 $217.99 $1,387.07 $1,605.06 0 $272.49 $1,332.57 $1,605.06 0 $217.99 $1,387.07 $1,605.06 0 $272.49 $1,332.57 $1,605.06 Choice Fund Salary $35K -$50K Employee Only 39 $26.04 $547.20 $573.24 1 $32.55 $540.69 $573.24 0 $26.04 $547.20 $573.24 0 $32.55 $540.69 $573.24 Employee + Spouse 18 $163.19 $1,040.62 $1,203.81 1 $203.99 $999.82 $1,203.81 0 $163.19 $1,040.62 $1,203.81 0 $203.99 $999.82 $1,203.81 Employee + Child(ren)14 $129.27 $959.87 $1,089.14 0 $161.59 $927.55 $1,089.14 0 $129.27 $959.87 $1,089.14 0 $161.59 $927.55 $1,089.14 Employee + Family 21 $258.55 $1,346.51 $1,605.06 0 $323.19 $1,281.87 $1,605.06 0 $258.55 $1,346.51 $1,605.06 0 $323.19 $1,281.87 $1,605.06 Choice Fund Salary above $50K Employee Only 75 $26.04 $547.20 $573.24 6 $32.55 $540.69 $573.24 1 $26.04 $547.20 $573.24 0 $32.55 $540.69 $573.24 Employee + Spouse 25 $195.83 $1,007.98 $1,203.81 2 $244.79 $959.02 $1,203.81 0 $195.83 $1,007.98 $1,203.81 1 $244.79 $959.02 $1,203.81 Employee + Child(ren)31 $154.99 $934.15 $1,089.14 3 $193.74 $895.40 $1,089.14 2 $154.99 $934.15 $1,089.14 0 $193.74 $895.40 $1,089.14 Employee + Family 103 $310.00 $1,295.06 $1,605.06 9 $387.50 $1,217.56 $1,605.06 0 $310.00 $1,295.06 $1,605.06 0 $387.50 $1,217.56 $1,605.06 Monthly Total $81,929.21 $507,433.40 $589,362.61 $6,974.60 $28,989.03 $35,963.63 $1,871.98 $12,518.16 $14,390.14 $3,703.48 $7,950.58 $11,654.06 Annutal Total $983,150.52 $6,089,200.80 $7,072,351.32 $83,695.20 $347,868.36 $431,563.56 $22,463.76 $150,217.92 $172,681.68 $44,441.76 $95,406.96 $139,848.72 Employee Annual Total $1,133,751.24 Employer Annual Total $6,682,694.04 Combined Annual Total $7,816,445.28 United Healthcare United Healthcare United Healthcare United Healthcare Active Employees With Completed Incentive / Non-Tobacco With Completed Incentive / Tobacco User Without Completed Incentive / Non-Tobacco Without Completed Incentive / Tobacco User 1 City of Delray Beach Employee Benefits EE/ER Cost Comparison Effective: June 1, 2015 Employee Employer Total Employee Employer Total Employee Employer Total Employee Employer Total HMO Core Salary under $35K Employee Only 47 $0.00 $533.24 $533.24 1 $0.00 $533.24 $533.24 3 $0.00 $533.24 $533.24 0 $0.00 $533.24 $533.24 Employee + Spouse 3 $218.21 $901.60 $1,119.80 0 $272.78 $847.02 $1,119.80 0 $250.94 $868.86 $1,119.80 0 $313.69 $806.11 $1,119.80 Employee + Child(ren)2 $174.76 $838.39 $1,013.15 0 $218.47 $794.69 $1,013.15 0 $200.98 $812.17 $1,013.15 0 $251.23 $761.93 $1,013.15 Employee + Family 2 $370.24 $1,122.82 $1,493.06 0 $462.80 $1,030.26 $1,493.06 0 $425.77 $1,067.29 $1,493.06 0 $532.22 $960.84 $1,493.06 HMO Core Salary $35K -$50K Employee Only 73 $0.00 $533.24 $533.24 0 $0.00 $533.24 $533.24 3 $0.00 $533.24 $533.24 0 $0.00 $533.24 $533.24 Employee + Spouse 4 $218.21 $901.60 $1,119.80 2 $272.78 $847.02 $1,119.80 0 $250.94 $868.86 $1,119.80 2 $313.69 $806.11 $1,119.80 Employee + Child(ren)9 $174.76 $838.39 $1,013.15 1 $218.47 $794.69 $1,013.15 0 $200.98 $812.17 $1,013.15 0 $251.23 $761.93 $1,013.15 Employee + Family 11 $370.24 $1,122.82 $1,493.06 2 $462.80 $1,030.26 $1,493.06 0 $425.77 $1,067.29 $1,493.06 1 $532.22 $960.84 $1,493.06 HMO Core Salary above $50K Employee Only 55 $0.00 $533.24 $533.24 2 $0.00 $533.24 $533.24 7 $0.00 $533.24 $533.24 1 $0.00 $533.24 $533.24 Employee + Spouse 4 $218.21 $901.60 $1,119.80 0 $272.78 $847.02 $1,119.80 0 $250.94 $868.86 $1,119.80 1 $313.69 $806.11 $1,119.80 Employee + Child(ren)6 $174.76 $838.39 $1,013.15 0 $218.47 $794.69 $1,013.15 0 $200.98 $812.17 $1,013.15 0 $251.23 $761.93 $1,013.15 Employee + Family 9 $370.24 $1,122.82 $1,493.06 0 $462.80 $1,030.26 $1,493.06 1 $425.77 $1,067.29 $1,493.06 0 $532.22 $960.84 $1,493.06 HMO Buy Up Salary under $35K Employee Only 10 $72.48 $538.97 $611.45 0 $90.61 $520.83 $611.45 0 $83.35 $528.09 $611.45 1 $104.20 $507.25 $611.45 Employee + Spouse 0 $455.15 $828.88 $1,284.03 0 $568.95 $715.09 $1,284.03 0 $523.42 $760.61 $1,284.03 0 $654.29 $629.74 $1,284.03 Employee + Child(ren)5 $385.60 $776.15 $1,161.75 0 $482.02 $679.73 $1,161.75 0 $443.45 $718.30 $1,161.75 0 $554.32 $607.43 $1,161.75 Employee + Family 0 $698.71 $1,013.34 $1,712.05 0 $873.38 $838.67 $1,712.05 0 $803.51 $908.54 $1,712.05 1 $1,004.38 $707.67 $1,712.05 HMO Buy Up Salary $35K -$50K Employee Only 20 $72.48 $538.97 $611.45 1 $90.61 $520.83 $611.45 2 $83.35 $528.09 $611.45 0 $104.20 $507.25 $611.45 Employee + Spouse 5 $455.15 $828.88 $1,284.03 0 $568.95 $715.09 $1,284.03 0 $523.42 $760.61 $1,284.03 1 $654.29 $629.74 $1,284.03 Employee + Child(ren)0 $385.60 $776.15 $1,161.75 0 $482.02 $679.73 $1,161.75 0 $443.45 $718.30 $1,161.75 1 $554.32 $607.43 $1,161.75 Employee + Family 1 $698.71 $1,013.34 $1,712.05 0 $873.38 $838.67 $1,712.05 0 $803.51 $908.54 $1,712.05 0 $1,004.38 $707.67 $1,712.05 HMO Buy Up Salary above $50K Employee Only 22 $72.48 $538.97 $611.45 3 $90.61 $520.83 $611.45 1 $83.35 $528.09 $611.45 3 $104.20 $507.25 $611.45 Employee + Spouse 3 $455.15 $828.88 $1,284.03 0 $568.95 $715.09 $1,284.03 0 $523.42 $760.61 $1,284.03 0 $654.29 $629.74 $1,284.03 Employee + Child(ren)4 $385.60 $776.15 $1,161.75 0 $482.02 $679.73 $1,161.75 0 $443.45 $718.30 $1,161.75 0 $554.32 $607.43 $1,161.75 Employee + Family 2 $698.71 $1,013.34 $1,712.05 0 $873.38 $838.67 $1,712.05 1 $803.51 $908.54 $1,712.05 0 $1,004.38 $707.67 $1,712.05 Choice Fund Salary under $35K Employee Only 27 $27.41 $630.25 $657.66 1 $34.26 $623.41 $657.66 0 $27.41 $630.25 $657.66 0 $34.26 $623.41 $657.66 Employee + Spouse 5 $145.67 $1,235.43 $1,381.10 0 $195.63 $1,185.46 $1,381.10 1 $145.67 $1,235.43 $1,381.10 0 $195.63 $1,185.46 $1,381.10 Employee + Child(ren)8 $108.98 $1,140.57 $1,249.55 1 $149.78 $1,099.77 $1,249.55 0 $108.98 $1,140.57 $1,249.55 0 $149.78 $1,099.77 $1,249.55 Employee + Family 5 $217.99 $1,623.46 $1,841.45 0 $299.56 $1,541.89 $1,841.45 0 $217.99 $1,623.46 $1,841.45 0 $299.56 $1,541.89 $1,841.45 Choice Fund Salary $35K -$50K Employee Only 39 $27.41 $630.25 $657.66 1 $34.26 $623.41 $657.66 0 $27.41 $630.25 $657.66 0 $34.26 $623.41 $657.66 Employee + Spouse 18 $172.75 $1,208.34 $1,381.10 1 $222.71 $1,158.38 $1,381.10 0 $172.75 $1,208.34 $1,381.10 0 $222.71 $1,158.38 $1,381.10 Employee + Child(ren)14 $136.07 $1,113.48 $1,249.55 0 $176.87 $1,072.69 $1,249.55 0 $136.07 $1,113.48 $1,249.55 0 $176.87 $1,072.69 $1,249.55 Employee + Family 21 $272.16 $1,569.30 $1,841.45 0 $353.73 $1,487.72 $1,841.45 0 $272.16 $1,569.30 $1,841.45 0 $353.73 $1,487.72 $1,841.45 Choice Fund Salary above $50K Employee Only 75 $27.41 $630.25 $657.66 6 $34.26 $623.41 $657.66 1 $27.41 $630.25 $657.66 0 $34.26 $623.41 $657.66 Employee + Spouse 25 $199.83 $1,181.26 $1,381.10 2 $249.80 $1,131.30 $1,381.10 0 $199.83 $1,181.26 $1,381.10 1 $249.80 $1,131.30 $1,381.10 Employee + Child(ren)31 $163.15 $1,086.40 $1,249.55 3 $203.95 $1,045.60 $1,249.55 2 $163.15 $1,086.40 $1,249.55 0 $203.95 $1,045.60 $1,249.55 Employee + Family 103 $326.32 $1,515.13 $1,841.45 9 $407.90 $1,433.55 $1,841.45 0 $326.32 $1,515.13 $1,841.45 0 $407.90 $1,433.55 $1,841.45 Monthly Total $87,442.35 $588,718.81 $676,161.27 $7,481.19 $33,779.07 $41,260.22 $1,978.71 $14,530.70 $16,509.44 $4,352.88 $9,017.55 $13,370.43 Annutal Total $1,049,308.20 $7,064,625.72 $8,113,935.24 $89,774.28 $405,348.84 $495,122.64 $23,744.52 $174,368.40 $198,113.28 $52,234.56 $108,210.60 $160,445.16 Employee Annual Total $1,215,061.56 Employer Annual Total $7,752,553.56 Combined Annual Total $8,967,616.32 CIGNA CIGNA CIGNA CIGNA Active Employees With Completed Incentive / Non-Tobacco With Completed Incentive / Tobacco User Without Completed Incentive / Non-Tobacco Without Completed Incentive / Tobacco User 2 Employee Cost Employer Cost Total Cost 2015/16 Current Plan Cost $1,215,061.56 $7,752,553.56 $8,967,615.12 Proposed Plan Cost $1,133,751.24 $6,682,694.04 $7,816,445.28 Savings $81,310.32 $1,069,859.52 $1,151,169.84 an annual premiums savings of 7% for employees beginning October 1, 2016. These plan premium savings are based on current enrollment providing Medical Plan Premium Savings 2015/16 Current Plan Cost vs 2016/17 Proposed Plan Cost City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-864,Version:1 TO: Mayor and Commissioners FROM: Tennille DeCoste, Human Resources Director THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 EMPLOYEE HEALTH BENEFIT PREMIUM COSTS EFFECTIVE OCTOBER 1, 2016 Recommended Action: Motion to Award Agreements for employee benefits and approve the premium costs effective October 1, 2016. Background: On March 7, 2016, a Request for Proposals RFP No. 2016-076 was issued to obtain proposals for the City Employee Benefit programs. On July 12, 2016, Commission approved the motion to approve the Selection Committees final ranking and authorized negotiations to finalize the benefit services and costs with the following firms: Employee Benefit(s)Top Ranked Firm Health, HRA/FSA United Healthcare Group, Inc. Dental Metropolitan Life Insurance Company Vision EyeMed Vision Core LLC STD, LTD, FMLA Life Insurance Company of America NA / CIGNA EAP OptumHealth, a wholly-owned subsidiary of UnitedHealtcare Group, Inc. Administration and the City’s employee benefits consulting group, Gehring Group, has conducted negotiations and finalized the plan designs and premium costs. The result of these comprehensive negotiations is a group health program with lower employee out of pocket costs, reduced premiums costs of 14% to the City, and enhanced benefits. Administration is also recommending the employee premiums for both the Core and Buy-up HMO plans be based on both the medical benefit option elected and themployees’s annual salary which will reduce employee premiums overall by 7%. The City, following its current collective bargaining agreements, will continue to provide the HMO Core plan at no cost to the employee. The Employee Assistance Program (EAP) negotiated with OptumHealth, a wholly owned subsidiary of UnitedHealthcare Group, reduces the City’s annual cost of this employee benefit by 32%. The dental plan, as negotiated with Metropolitan Life Insurance Company, will reduce the number of plans from the current four plans, two DHMO options and two PPO options, to one DHMO option and one PPO option. The new DHMO plan option, when compared to the current DHMO Advantage Plan City of Delray Beach Printed on 9/1/2016Page 1 of 3 powered by Legistar™ File #:16-864,Version:1 with Humana/CompBenefits, has an employee premium reduction of at least 37%. There will be an increase in the cost of the MetLife PPO plan over the current Humana Comp/Benefits PPO plans offered of 9%. This is primarily due to coverage for orthodontia for children and adults, which was not provide under the Humana/CompBenefits PPO plans. Vision benefits negotiated with EyeMed Vision Core reduced the employee premium cost by 7% and provide an increase in the plan coverage. The City’s long-term disability plan was negotiated with Life Insurance Company of America NA (CIGNA), the incumbent provider. Additionally, an offering of an short-term disability plan was discussed and is recommended as an enhancement to the City’s current benefit offerings. This short- term disability plan provides the employee with a benefit of 60% of their earnings for a period of up to eight weeks should a non-work-related illness or injury prevent them from performing the duties of their position with the City. If added as an employee-funded plan the annual cost for short-term disability is approximately $250,000 based on an estimated enrollment of 50% of the City’s employees. Should Commission elect to include short-term disability as a benefit provided to all employees, the estimated annual cost to the City would be $121,375. An additional offering by CIGNA is the administration of the City Family and Medical Leave (FMLA) program at a cost of $12,900 annually. Outsourcing the administration of FMLA provides employees with immediate access to subject matter experts in FMLA and confidential management of their leave. City administration would be advised of those employees who are on FMLA, the length of time the FMLA has been approved for, and would release the City from any legal liability under FMLA and HIPPA, should confidential health information accidently be disseminated. Gehring Group stated that CIGNA has indicated that it could possibly provide FMLA administration to the City at no cost should the Commission elect to fully fund the short-term disability benefit for all employees. Details of each of the proposed plans are included as attachments. This motion is in accordance with City Code of Ordinances Section 36.02 (A)(2) Sealed Competitive Method, Request for Proposals, Requests for Qualifications, Requests for Letters of Interest. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The short and long term financial implications should be described to the City Commission in a clear and crisp manner. The financial implication should be reasonably free of jargon. Funding Source: Funding is available from accounts below. Budget changes to reflect recent adjustments to insurance costs will be made before the adoption of the final budget. Medical - Funding is shared between the City and the employee Claims Funding Number $6,276,347 Claims handling 551-1576.591-45.20 $301,276 Individual all Stop Loss 551-1576-591-45.36 $643,474 City of Delray Beach Printed on 9/1/2016Page 2 of 3 powered by Legistar™ File #:16-864,Version:1 Aggregate Stop Loss 551-1576-591-45.35 $51,467 EAP - City funded 551-1576-591-31.90 $17,410 Vision -Employee funded 551-1576-591-45.49 $47,410 Dental - Employee funded 551-1576-591-45.43 $309,100 Long Term Disability - City Funded 551-1576-591-45.44 $64,300 Short Term Disability City Funded New Offering $121,375 (coverage for all full time employees) Employee funded No funding code at this time $250,000 (based on an estimated enrollment of 50% of full time employees) FMLA Administration New Offering $12,950 No Funding code at this time Timing of Request: The new contract needs to be implemented by October 1, 2016, the beginning of the City’s new plan year. City of Delray Beach Printed on 9/1/2016Page 3 of 3 powered by Legistar™ PROPOSAL FOR FURNISHING FIRE APPARATUS QSD1397 Revised: 12/29/2008 July 26, 2016 City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: Two (2) Pierce Velocity Pumper based - FSA16-VEF12.0 Spec #20 $938,816.00 Options per attached Proposal Option List #605 321,496.00 6.5% Discount on options (20,898.00) Travel for 2 trips to factory for 3 personnel each includes hotel, meals and airfare 3,750.00 Manufacturer discount for factory pre-engineering savings and multi unit order (5,000.00) Equipment per attached list including mounting and labor 261,000.00 Total $1,499,164.00 Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 10 after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Delray Beach, FL. The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 30 days from date, the right is reserved to withdraw this proposition. Pierce Manufacturing, Inc. By: __________________________________ AUTHORIZED SALES REPRESENTATIVE Michael Schneider City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-789,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 PURCHASE AWARD TO TEN-8 FIRE EQUIPMENT, INC. FOR THE PURCHASE OF TWO (2) PIERCE VELOCITY PUMPER TRUCKS AND ONE (1) PIERCE VELOCITY 75’HEAVY ALUMINUM LADDER TRUCK (HAL). Recommended Action: Motion to Approve an award to Ten-8 Fire Equipment, Inc. for the purchase of two (2) Pierce Velocity Pumper Trucks in an amount of $1,505,000.00 each and one (1) Pierce Velocity 75’Heavy Aluminum Ladder Truck (HAL) in an amount of $1,049,000.00. Background: Delray Beach Fire Rescue’s fire suppression fleet consists of six (6) apparatus whose manufacture dates range from 1992-2011, two (2) ladder trucks dating 2003 and 2009, and one (1) Squirt manufactured in 2005. Six (6) of these apparatuses are over 10 years old and require constant maintenance and repair. The oldest pumper utilized on a frequent basis is the 2001 Pierce. Delray Beach Fire Rescue continues to see an annual increase of call volume related to multiple factors including but not limited to, population growth, tourism, booming industry, and heroin/narcotic use. In 2001, Delray Beach Fire Rescue ran 8,769 calls. According to the annual report for 2016, that call volume has increased to 13,255. This 50% increase in call volume that our apparatus have had to respond to have amplified the need for a newer fleet of response vehicles. Standardization of these apparatus is essential to ensuring public safety in order to meet consistent performance,compatibility,familiarity and operational capabilities during both emergency and non- emergency operations.It is imperative especially under emergency and lifesaving operations that operators and crews of these vehicles can maneuver,gather equipment,be familiar with equipment and medication location,charging of hose lines,operation of aerial equipment,and deploy personnel when seconds are critical.Therefore,the Chief Purchasing Officer and City Manager have approved Pierce as a City Standard. Ten-8 Fire Equipment is the sole provider of Pierce apparatus. Each pumper truck is $1,499,164.00,and the one (1)ladder truck is $1,043,849.00.By requesting a spending limit of approximately $5,000 more per vehicle,it will alleviate the need to return for Commission approval of small modifications during the ordering process.To date in Fiscal Year 2016,Ten-8 Fire Equipment has been awarded purchases totaling $1,483,116.78.With approval of the purchases of these three (3)apparatus,the increased spending limit with Ten-8 Fire Equipment City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-789,Version:1 the purchases of these three (3)apparatus,the increased spending limit with Ten-8 Fire Equipment for Fiscal Year 2016 will be $5,542,116.78. The purchase of one ladder truck is fulfillment of contractual requirements for the provision of services to the Town of Highland Beach.Per the contract,Highland Beach will provide funding towards the purchase of one ladder truck in the amount of $1,043,849.00.This award is in accordance with the City Code of Ordinances, Chapter 36, Section 36.02(C)(6)(b), “City Standard.” City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval.Delivery of the items is expected in late FY 16-17 or early 17/18;it will be budgeted either in a FY16-17 amendment or in the FY17-18 initial annual budget. Funding Source: 501-3312-591.64-25 Fleet/Heavy Equipment. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ 725 SW 46th Avenue Ocala, Florida 34474 M (352) 572-5399 RESCUE TRANSPORT PROPOSAL Date: July 18, 2016 City of Delray Beach Fire Rescue 501 Atlantic Ave Delray Beach, FL 33444 We propose to furnish to you two (2) 2017 custom Horton model 623, Rescue Transport Vehicle on a 2017 Freightliner M2 crew cab chassis, to be custom built and equipped in accordance with the requirements of the City of Delray Beach Fire Rescue Department. The vehicle is to be purchased from Florida Sheriff’s Association Bid # FSA16-VEH12.0, specification #03. Delivery will be F.O.B. Delray Beach, FL and will be made approximately 320-340 calendar days after receipt of order. Terms of payment shall be cash on delivery (C.O.D.) unless the purchaser elects to make a prepayment. Pre-payment discounts are available. Pre-Payment on this unit is approximately $5,800.00, and is not included in price below. The current purchase price for the specified Rescue-Transport vehicle is $342,332.00. This proposal shall expire August 31, 2016 unless extended in writing. The prices being quoted to the City of Delray Beach for the purchase of the proposed Rescue Transport are the lowest prices offered in fiscal year 2015/2016 to any governmental entity within the State of Florida by Hall-Mark Fire Apparatus. Base Price per Florida Sheriffs Association: $ 219,950.00 Options and upgrades per City of Delray Beach: $ 122,382.00 Total price of Rescue Transport Vehicle: $ 342,332.00 Total Contract Price for (2) units: $684,664.00 Company: Purchaser: By: `|v{txÄ Wtç By: _________________________________ Title: Ambulance Sales Title: ________________________________ Date: July 18, 2016 Date: ________________________________ Pricing is based on enclosed written specifications. Quote # 11934, Revision 1 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-790,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 AWARD OF A PURCHASE ORDER TO HALL-MARK FIRE APPARATUS, LLC FOR TWO (2) HORTON RESCUE TRANSPORT VEHICLES Recommended Action: Motion to Approve Horton emergency vehicles as a City Standard and award a purchase order to Hall-Mark Fire Apparatus, LLC for two Horton Rescue Transport Vehicles in a not-to exceed amount of $694,664.00. Background: Delray Beach Fire Rescue fire suppression fleet consists of nine rescue vehicles whose manufacture dates range from 2004-2015.Seven of these rescue vehicles are over five years old.The oldest rescue vehicle utilized on a frequent basis is a 2005 Horton.Delray Beach Fire Rescue continues to see an annual increase of call volume related to multiple factors including but not limited to, population growth,tourism,booming industry,and heroin/narcotic use.In 2001,Delray Beach Fire Rescue ran 8,769 calls.According to the annual report for 2016,that call volume has increased to 13,255.This fifty-percent increase in call volume that fire rescue vehicles respond to have amplified the need for a newer fleet of rescue response vehicles.The purchase of one rescue vehicle is fulfillment of contractual requirements for the provision of services to the Town of Highland Beach. Per the contract,Highland Beach will provide funding towards the purchase of one rescue vehicle in the amount of $342,332.00. Standardization of these vehicles is essential to ensuring public safety in order to meet consistent performance,compatibility,familiarity and operational capabilities during both emergency and non- emergency operations.It is imperative especially under emergency and lifesaving operations that operators and crews of these vehicles can maneuver,gather equipment,be familiar with equipment and medication location,charging of hose lines,operation of aerial equipment,and deploy personnel when seconds are critical.Therefore,the Chief Purchasing Officer and City Manager have approved Horton as a City Standard.Hall-Mark Fire Apparatus,LLC is the sole authorized dealer of Horton Rescue Transport Vehicles in Florida. Each Rescue Transport Vehicle is estimated to cost $342,332.00.A contingency fund of $5,000.00 per rescue vehicle is being requested to facilitate the need of minor modifications during vehicle assembly.To date in Fiscal Year 2016,Hall-Mark Fire Apparatus,LLC has been awarded purchases totaling $618,358.83.Therefore,if this purchased is approved,the increased spending limit for Fiscal City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-790,Version:1 totaling $618,358.83.Therefore,if this purchased is approved,the increased spending limit for Fiscal Year 2016 with Hall-Mark Fire Apparatus, LLC will be $1,313,022.83. This award is in accordance with the City Code of Ordinances,Chapter 36,Section 36.02(C)(6)(b), “City Standard.” City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Delivery of items is expected in late FY 16-17 or early 17-18; it will be budgeted either in a FY 16-17 amendment or in the FY 17-18 initial annual budget. Funding Source: 501-3312-591.64-25 Fleet/Heavy Equipment. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ City of Delray Beach Management Services for the Delray Beach Tennis Center and Delray Beach Swim and Tennis Center RFP 2016-086-2 Strengths Weakness 1 Experience and Background of Proposer and Key Personnel Current firm handling the management of the facility Firms primary background is with golf management, primarily Integrity a Overall background and experience Many years in facility management References were not strong b Proposers specific experience in tennis facility management c Experience of key personnel d Five client references, two of which must be municipality or other governmental agencies 2 Staffing and Operational Aware of the City requirements Annual business and marketing plan unimpressive a Proposer's ability to provide superior customer satisfaction to tennis players.Staff helpful and pleasant b Organizational chart, On-site staff c Transitional Elements d Facility Maintenance e Detailed pro-shop operational plan including merchandising, retail sales and racquet repair. f Annual business and marketing plan 3 Service Programs, Promotions, and Marketing Plans Knowledge of the local area Membership rates need to be offered for youth and seniors. a Concepts for marketing the tennis facilities Need more marketing for youth b Tennis Programs Missing concepts of managing, did not see anything that would grow the program c Movement & Promotion of tennis tournaments Under utilized tennis facility DUBIN & ASSOCIATES (JCD SPORTS/INTEGRITY) Strengths Weakness Form City of Delray Beach Management Services for the Delray Beach Tennis Center and Delray Beach Swim and Tennis Center RFP 2016-086-2 4 Stability and Viability of Proposer 29 years of experience Firm is currently in some sort of transition that is not clear a Summary of any legal actions against Proposer and/or its principals since July 1, 2006, summarizing the allegations and providing the results, if not currently active.Recently purchased by another firm in 2016 c Any changes in ownership of Proposer within the past three years and/or any changes currently anticipated in 5 Financials Firm is operating at a loss a Balance Sheets for fiscal years 2013, 2014, and 2015 Income Statements for fiscal years 2013, 2014, and 2015 Credit rating makes the firm high risk b Proposer’s current financial rating from a nationally recognized accrediting organization such as Dun & Bradstreet, Standard & Poor’s or Moody’s Marginal membership growth, project of 2% growth is concerning. c Detailed five-year revenue and expense budget/pro forma for the Club and the Center. Budget detail should be broken down into appropriate itemized budget categories and must clearly show personnel, insurance and operating expenses for each cost center, maintenance, pro-shop, administration and capital No marketing was detailed in proposal. Needs to increase Participation to increase clientele 6 Fee Proposal Is this the right structure for the City. a Highest score for lowest fees DUBIN & ASSOCIATES (JCD SPORTS/INTEGRITY) Strengths Weakness Form City of Delray Beach Management for the Delray Beach Tennis Center and Delray Beach Swim and Tennis Club Od o m Dubin & Associates (JCD Sports / Integrity)15.0 14.0 11.0 15.0 5.0 12.0 Final Score 15.0 14.0 11.0 15.0 5.0 12.0 Od o m Dubin & Associates (JCD Sports / Integrity)12.0 12.0 12.0 13.0 10.0 11.8 Final Score 12.0 10.0 12.0 13.0 0.0 9.4 Od o m Dubin & Associates (JCD Sports / Integrity)20.0 18.0 20.0 20.0 0.0 15.6 Final Score 20.0 20.0 20.0 20.0 0.0 16.0 25 points 3 Fi s h e r Gi l b e r t Ho r o w i t z Wa r n e r Sc o r e 15 points 2 Fi s h e r Gi l b e r t Ho r o w i t z Wa r n e r Sc o r e 15 points 1 Fi s h e r Gi l b e r t Ho r o w i t z Wa r n e r Sc o r e RFP 2016-086-2 City of Delray Beach Management for the Delray Beach Tennis Center and Delray Beach Swim and Tennis Club Od o m Dubin & Associates (JCD Sports / Integrity)3.0 3.0 2.0 4.0 0.0 2.4 Final Score 3.0 3.0 2.0 4.0 0.0 2.4 Od o m Dubin & Associates (JCD Sports / Integrity)10.0 10.0 10.0 14.0 0.0 8.8 Final Score 10.0 10.0 10.0 14.0 0.0 8.8 15 points 5 Fi s h e r Gi l b e r t Ho r o w i t z Wa r n e r S c o r e 4 Fi s h e r Gi l b e r t Ho r o w i t z Wa r n e r S c o r e 5 points RFP 2016-086-2 City of Delray Beach Management for the Delray Beach Tennis Center and Delray Beach Swim and Tennis Club Od o m Dubin & Associates (JCD Sports / Integrity)20.0 20.0 20.0 20.0 20.0 20.0 Final Score 20.0 20.0 20.0 20.0 20.0 20.0 Od o m Dubin & Associates (JCD Sports / Integrity) Final Score 4.0 4.0 4.0 4.0 1.0 3.4 6 Fi s h e r Gi l b e r t Ho r o w i t z wa r n e r S c o r e 20 points 5 points 7 Fi s h e r Gi l b e r t Ho r o w i t z wa r n e r S c o r e RFP 2016-086-2 Dubin & Associates (JCD Sports/Integrity Final Score 12.0 9.4 16.0 2.4 8.8 20.0 3.4 72.0 Cr i t e r i a 7 S c o r e Possible 100 Points Final Ranking Score Cr i t e r i a 1 Cr i t e r i a 2 Cr i t e r i a 3 Cr i t e r i a 4 Cr i t e r i a 5 Cr i t e r i a 6 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-857,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer, Purchasing Department THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 APPROVAL OF RANKING AND AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR MANAGEMENT SERVICES FOR THE DELRAY BEACH TENNIS CENTER AND DELRAY SWIM & TENNIS CLUB Recommended Action: Motion to Approve ranking of responses for Management Services for Delray Beach Tennis Center and Delray Swim & Tennis Club and authorize staff to enter into negotiations for a contract. Background: On June 27, 2016 a Request for Proposals No. 2016-086-2 was advertised for a Management Services for Delray Beach Tennis Center and Delray Swim & Tennis Club. One proposal was received from Dubin & Associates Inc. d/b/a JCD Sports Group. After The selection committee completed in-depth technical evaluation based upon the criteria in the RFP, an interview/presentation was conducted with the one firm. The selection committee final ranking is as follows: Rank Firm Score 1 Dubin & Associates 72.0 Dubin & Associates Inc. d/b/a JCD Sports Group is the current provider of management services for the Delray Beach Tennis Center and Delray Swim & Tennis Club. If authorized by Commission, City staff will enter into negotiations and the negotiated Agreement will be brought before City Commission at a later date for award. This motion is in accordance with the City Code of Ordinances, Chapter 36, Section 36.02(A)(2) “Request for Proposals, Requests for Qualifications, Requests for Letters of Interest.” City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-857,Version:1 City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE CREATIVE CITY COLLABORATIVE OF DELRAY BEACH, INC. FOR OLD SCHOOL SQUARE PARKING GARAGE PROPERTY THIS SECOND AMENDMENT (the “Second Amendment”) dated September __, 2016, amends that certain Lease Agreement (“Lease”) entered into between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (the “City”) and the CREATIVE CITY COLLABORATIVE OF DELRAY BEACH, FLORIDA, INC. ("CCC"). WITNESSETH: WHEREAS, the City and CCC entered into the above described Lease for approximately 10,289 square feet of space on the first floor of the Old School Square Parking Garage (the “Premises”) for a lease term which was set to expire on March 15, 2016; and, WHEREAS, on April 5, 2016, the City Commission approved the First Amendment to Lease Agreement Between the City of Delray Beach, Florida and the Creative City Collaborative of Delray Beach, Inc. (“First Amendment”), which extended the lease term on a month-to-month basis to September 16, 2016. WHEREAS, CCC has been diligently working with the City to draft a revised and restated lease incorporating the recommendations of Commission and has requested a second month-to-month lease extension for the Premises, for a term not to exceed (2) months. NOW, THEREFORE, the parties hereto in consideration of the covenants herein contained agree as follows: 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated as if fully set forth herein. 2. Term. Tenant shall have and hold the Premises on a month -to-month basis for a term (“Month to Month Term”) commencing on September 16, 2016 and expiring on November 16, 2016, unless terminated sooner as provided for herein. Base Rent during the Month to Month Term shall be $866.67 per month. City reserves the right, at any time, in its sole and absolute discretion, to terminate this month -to-month Lease by giving the Tenant at least thirty (30) days prior written notice of its intent to terminate the Lease. Upon the termination date of the Lease, City shall have all remedies available pursuant to the terms of this Lease and at law and equity. 3. Entire Agreement. All other terms and conditions of the Lease not in conflict with this Second Amendment shall remain in full force and effect. 4. Counterparts. For the convenience of the parties, any number of counterparts hereof may be executed, and each such executed counterpart shall be deemed an original, and all such counterparts together shall constitute one and the same instrument. Facsimile or .PDF transmission of an executed counterpart of this Agreement shall be deemed to constitute due and sufficient delivery of such counterpart, and such facsimile or .PDF signatures shall be deemed original signatures for purposes of enforcement and construction of this agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have caused this Second Amendment to be duly executed on the date written above. ATTEST: CITY OF DELRAY BEACH ______________________ By:_____________________________ City Clerk Cary Glickstein, Mayor Approved as to Form: ______________________ City Attorney ATTEST: Creative City Collaborative of Delray Beach, Inc. ______________________ By:________________________________ ______________________ , President (Print or Type Name) City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-883,Version:1 TO: Mayor and Commissioners FROM: Janice Rustin, Interim City Attorney DATE: September 8, 2016 APPROVAL OF THE SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE CREATIVE CITY COLLABORATIVE OF DELRAY BEACH, INC. Recommended Action: Motion to Approve the Second Amendment to the Lease Agreement between the City of Delray Beach and the Creative City Collaborative of Delray Beach, Inc. Background: The City and Creative City Collaborative (CCC) entered into the Lease Agreement Between the City of Delray Beach, Florida and the Creative City Collaborative of Delray Beach, Inc. for approximately 10,289 square feet of space on the first floor of the Old School Square Parking Garage (“Leased Space”) that was set to expire earlier this year. On April 5, 2016, the City Commission approved the First Amendment to the Lease Agreement, which extended the lease term on a month-to-month basis to September 16, 2016. The CCC has been diligently working with the City to draft a revised and restated lease incorporating the recommendations of the Commission and have requested another month-to-month lease extension for the CCC for the Leased Space, for a term not to exceed (2) months. City Attorney Review: Approved as to form and legal sufficiency. Finance Department: Finance recommends approval. Timing of Request: The First Amendment to the Lease Agreement is a month-to-month agreement that will expire on September 16, 2016. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-902,Version:1 TO: Mayor and Commissioners FROM: Donald B. Cooper, City Manager DATE: September 8, 2016 CITY MANAGER'S REPORT City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ ORDINANCE NO. 28-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AMENDING THE CODE OF ORDINANCES OF THE CITY OF THE CITY OF DELRAY BEACH, FLORIDA; AMENDING CHAPTER 101, “PARKS, BEACHES AND RECREATION,” SECTION 101.32, “ASSEMBLIES” TO PROVIDE A DEFINITION FOR SPECIAL EVENTS, AND PROVIDING FOR THE CITY MANAGER TO PROMULGATE POLICIES, RULES AND REGULATIONS FOR SPECIAL EVENTS; AMENDING CHAPTER 99, “NOISE CONTROL,” SECTION 99.05, “TEMPORARY PERMITS”; AUTHORIZING THE CITY TO ISSUE A TEMPORARY PERMIT TO ALLOW NOISE WHEN IT ISSUES A SPECIAL EVENT PERMIT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission held a Goal Setting Workshop Meeting on February 10, 2015 where the impact of special events on the City of Delray Beach was discussed; and WHEREAS, on June 9, 2015, the City Commission directed City staff to review the events policy and to draft new policy and uniform guidelines for special events in order to help City staff administer the production of special events. WHEREAS, acknowledging these needs, the Special Events Task Force was commissioned to make recommendations to facilitate Commission direction; and WHEREAS, at the March 8, 2016 City Workshop meeting, the Special Events Task Force proposed a Special Events Policy and Special Events Guidebook that contained recommendations of the Task Force that were based on City Commission direction and the results of several meetings with community residents, businesses, stakeholders, and veteran City staff involved in the production and support of these special events. WHEREAS, the City Commission appreciates that special events provide opportunities to the City that build a sense of community, draw visitors and contribute to the economy; and WHEREAS, the City Commission aspires to maintain an environment for its citizens, businesses and visitors that does not jeopardize their health, safety and welfare or negatively impact their quality of life; and WHEREAS, the City Commission desires to ensure that Special Events held within the City do not pose a serious hazard to the City’s buildings, structures, parks and roads in order to preserve the City’s character and aesthetics; and ORD NO. 28-16 WHEREAS, the City Commission understands the importance of balancing the needs of the City and its residents with the overall impact of special events; and WHEREAS, based on the recommendations of the Special Events Task Force, the City Commission desires to amend its Code of Ordinances in order to provide clarity to the definition of special events, allow the City Manager to promulgate policies regarding special events and authorize the use of temporary permits during special events to allow noise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 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 Ordinance. Section 2.Chapter 101, “Parks, Beaches and Recreation,” Section 101.32, “Assemblies,” of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 101.32.- ASSEMBLIES AND SPECIAL EVENTS. (A)“Special Event” shall mean an organized or planned gathering of persons having a common purpose, design, or goal, that is to occur on City-owned, City-controlled, or private property that has an overt impact on the services that are regularly provided by the City, such as health, fire and police. Special Events shall include, but are not limited to, festivals, fundraisers, exhibitions, musical performances, races, parades, and athletic events that: (1)Require street closings or detours such that the usual flow of pedestrians or vehicular traffic is inhibited; or (2)Utilize City property above normal usage; or (3)Are intended to or likely to attract substantial crowds; or (4)Are unlike the customary or usual activities generally associated with the property; or (5)Require the use of City resources, financial or otherwise, in excess of the City’s normal day to day operations; or (6)Any additional criteria as deemed by the City Manager. (B)No person shall use any portion of any park, recreation or municipal beach site for the purpose of assembling conducting a special event, where over twenty-five (25) persons are involved unless a Special Event permit has been obtained in accordance with the City’s adopted Special Event Policy, which may be amended from time to time. (C)The City Manager is authorized to promulgate additional policies, rules and regulations that are consistent with and that further the provisions set forth within this Section in accordance with Florida Statutes, Special Act or Resolution of the City Commission that pertain to the conduct and operation of a special event. ORD NO. 28-16 Section 3.Chapter 99, “Noise Control,” Section 99.05, “Temporary Permits,” Subsection 99.05(A)(1), “Special events,” of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (1)Special events. When an applicant is applying for a Special Use permit or a Special Event permit, a temporary permit to allow noise may be granted at the same time. A special event is a non-routine happening or social activity bringing people together in a defined area on City facilities, right of way, or private property which requires City services to ensure safety and coordination. Special events include, but are not limited to, activities such as festivals, concerns, sporting events, parades, walks and runs, etc. Section 4.Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5.All ordinances or parts of ordinances in conflict herewith be, and the same are, hereby repealed. Section 6.This ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on the second and final reading on the _____ day of _________________________, 20___. ____________________________________ MAYOR ATTEST: ____________________________________ City Clerk First Reading _________________________ Second Reading _______________________ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-891,Version:1 TO: Mayor and Commissioners FROM: Francine Ramaglia, Assistant City Manager THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 ORDINANCE NO. 28-16 AMENDING SECTION 101.32 AND SECTION 99.05 OF THE CITY'S CODE OF ORDINANCES Recommended Action: Motion to Approve Ordinance No. 28-16 amending Sections 101.32 and 99.05 of the City's Code of Ordinances. Background: The City Commission has adopted the Special Events Policy,Special Events Guidebook,and the Special Events Fee Schedule as presented to the City Commission for discussion on August 23, 2016.This ordinance amends Section 101.32 "Assemblies"and Section 99.05 "Temporary Permits"of the City's Code of Ordinances to provide for a definition of special events,to allow the City Manager to promulgate policies,rules and regulations regarding special events,and to authorize the City to issue temporary permits for noise for special events in accordance with the new policy. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ ORDINANCE NO. 25-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR NEW RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FISCAL YEAR 2017; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to adjust increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service, unless the City has approved a different type of service and then each unit/development shall be billed in accordance with the type of service that it is receiving: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued by the City for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes): Curbside Roll-Out Carts Monthly Service Cost Per Unit Garbage Collection $ 4.66 Recycling $ 2.04 Yard Trash $ 1.22 Bulk Waste $ 1.21 Total Fees—Contractor $ 9.13 ORD. NO. 25-162 Administrative Fee .35 Franchise Fee (5%)0.46 Total Fees $ 9.94 Rear-Door Owner Container Monthly Service Cost Per Unit Garbage Collection $ 11.21 Recycling $ 2.04 Yard Trash $0.00 Total Fees--Contractor $ 13.25 Administrative Fee 0.35 Franchise Fee (5%)$ 0.66 Total Fees $ 14.26 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $ 4.66 Recycling $ 2.04 Yard Trash $ 1.22 Bulk Waste $ 1.21 Total Fees--Contractor $ 9.13 Administrative Fee .35 ORD. NO. 25-163 Franchise Fee (5%)$ 0.46 Total Fees $ 9.94 (B) Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall be based on a per-unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. If the Contractor furnishes the roll-out carts, as approved by the City, then a monthly fee of $1.00 per cart may be charged by the Contractor directly to the customer. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $ 3.00 Recycling $ 2.04 Total Per-Unit Fee--Contractor $ 5.04 Administrative Fee 0.35 Franchise Fee (5%)$0.25 Total Monthly Fees Per Unit $ 5.64 (C) Commercial Service ORD. NO. 25-164 (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a)Rollout Carts.The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b)Mechanical Containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Mechanical containers emptied by mechanical means shall be provided by the contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container, shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) 1 2 3 4 5 6 7 2 Yard Collection 39.23 78.46 117.69 156.92 196.15 235.38 274.61 Disposal 24.33 48.67 73.00 97.34 121.67 146.01 170.34 Total Contractor Fees 63.56 127.13 190.69 254.26 317.82 381.39 444.95 Franchise Fee (10%)6.36 12.71 19.07 25.43 31.78 38.14 44.50 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fees 70.27 140.19 210.11 280.04 349.95 419.88 489.80 ORD. NO. 25-165 3 Yard Collection 58.84 117.68 176.52 235.36 294.20 353.04 411.88 Disposal 36.53 73.06 109.59 146.12 182.65 219.18 255.71 Total Contractor Fees 95.37 190.74 286.11 381.48 476.85 572.22 667.59 Franchise Fee (10%)9.54 19.07 28.61 38.15 47.69 57.22 66.76 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fees 105.26 210.16 315.07 419.98 524.89 629.79 734.70 4 Yard Collection 78.46 156.92 235.38 313.84 392.30 470.76 549.22 Disposal 48.71 97.41 146.12 194.83 243.53 292.24 340.95 Total Contractor Fees 127.17 254.33 381.50 508.67 635.83 763.00 890.17 Franchise Fees (10%)12.72 25.43 38.15 50.87 63.58 76.30 89.02 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fees 140.24 280.11 420.00 559.89 699.76 839.65 979.54 6 Yard Collection 117.69 235.38 353.07 470.76 588.45 706.14 823.83 Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Total Contractor Fees 190.75 381.50 572.25 763.00 953.75 1144.50 1335.25 Franchise Fee (10%)19.08 38.15 57.23 76.30 95.38 114.45 133.53 Administrative .35 .35 .35 .35 .35 .35 .35 ORD. NO. 25-166 Fee Total Fees 210.18 420.00 629.83 839.65 1049.48 1259.30 1469.13 8 Yard Collection 156.92 313.84 470.76 627.68 784.60 941.52 1098.44 Disposal 97.41 194.83 292.24 389.65 487.07 584.48 681.89 Total Contractor Fees 254.33 508.67 763.00 1017.33 1271.67 1526.00 1780.33 Franchise Fee (10%)25.43 50.87 76.30 101.73 127.17 152.60 178.03 Administrative Fee .35 .35 .35..35 .35 .35 .35 Total Fees 280.11 559.89 839.65 1119.41 1399.19 1678.95 1958.71 Commercial Compacting Containers Container Size Pickup Frequency (Per Week) 1 2 3 4 5 6 7 2 Yard Collection 49.10 98.20 147.30 196.40 245.50 294.60 343.70 Disposal 48.67 97.34 146.01 194.68 243.35 292.02 340.69 Total Contractor Fee 97.77 195.54 293.31 391.08 488.85 586.62 684.39 Franchise Fee (10%) 9.78 19.55 29.33 39.11 48.89 58.66 68.44 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 107.90 215.44 322.99 430.54 538.09 645.63 753.18 3 Yard Collection 73.65 147.30 220.95 294.60 368.25 441.90 515.55 Disposal 73.00 146.01 219.01 292.02 365.02 438.02 511.03 Total Contractor Fee 146.65 293.31 439.96 586.62 733.27 879.92 1026.58 Franchise Fee 14.67 29.33 44.00 58.66 73.33 87.99 102.66 ORD. NO. 25-167 (10%) Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 161.67 322.99 484.31 645.63 806.95 968.26 1129.59 4 Yard Collection 98.20 196.40 294.60 392.80 491.00 589.20 687.40 Disposal 97.34 194.68 292.02 389.35 486.69 584.03 681.37 Total Contractor Fee 195.54 391.08 586.62 782.15 977.69 1173.23 1368.77 Franchise Fee (10%) 19.55 39.11 58.66 78.22 97.77 117.32 136.88 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 215.44 430.54 645.63 860.72 1075.81 1290.90 1506.00 6 Yard Collection 147.31 294.62 441.93 589.24 736.55 883.86 1031.17 Disposal 146.01 292.02 438.02 584.03 730.04 876.05 1022.05 Total Contractor Fee 293.32 586.64 879.95 1173.27 1466.59 1759.91 2053.22 Franchise Fee (10%) 29.33 58.66 88.00 117.33 146.66 175.99 205.32 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 323.00 645.65 968.30 1290.95 1613.60 1936.25 2258.89 8 Yard Collection 196.41 392.82 589.23 785.64 982.05 1178.46 1374.87 Disposal 194.68 389.35 584.03 778.71 973.38 1168.06 1362.74 Total Contractor Fee 391.09 782.17 1173.26 1564.35 1955.43 2346.52 2737.61 Franchise Fee (10%) 39.11 78.22 117.33 156.44 195.54 234.65 273.76 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 430.55 860.74 1290.94 1721.14 2151.32 2581.52 3011.72 Commercial/Multi-Family Rolloff Containers: Commercial/Multi-Family Permanent Roll-Off Containers: ORD. NO. 25-168 Permanent open-top roll-off container: Two hundred thirty-five dollars and forty-two cents $ 235.42(Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup. Compactors: Two hundred thirty-five dollars and forty-two cents $ 235.42 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup. The rates for commercial collection service shall include all charges and fees for the rental of mechanical containers except compactors. The rate for leasing a compactor shall be negotiated by the contractor and the customer. 15 Yard Collection $ 214.02 20 Yard Collection $ 214.02 30 Yard Collection $ 214.02 40 Yard Collection $ 214.02 Excludes commercial recycling containers and construction/demolition debris. Commercial 96-Gallon Cart Service (Does not apply to residential service) Pickups Per Week 1 2 3 4 5 6 Collection 25.48 50.96 76.44 101.92 127.40 152.88 Disposal 6.08 12.16 18.24 24.32 30.40 36.48 Total Contractor Fees 31.56 63.12 94.68 126.24 157.80 189.36 Franchise Fee (10%)3.16 6.31 9.47 12.62 15.78 18.94 ORD. NO. 25-169 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees 35.07 69.78 104.50 139.21 173.93 208.65 NOTE: The foregoing rates are based on forty-two dollars ($42.00) per ton ($2.81 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 2016. NOTE:City of Delray Beach buildings and locations shall be charged the City Collection Service rate, but shall not be charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA. The Contractor shall be allowed to charge the Rates for Special Collection Services, as set forth in Exhibit 3D of the Franchise Agreement, if the Contractor performs any of the services listed on the special services exhibit. The City’s franchise fee shall be applied to these rates. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. If passed on second and final reading, this ordinance shall become effective on October 1, 2016 PASSED AND ADOPTED in regular session on second and final reading on _________________. ______________________________ Mayor ATTEST: __________________________________ ORD. NO. 25-1610 City Clerk First Reading _______________________ Second Reading _____________________ ORDINANCE NO. 25-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR NEW RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FISCAL YEAR 2017; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service, unless the City has approved a different type of service and then each unit/development shall be billed in accordance with the type of service that it is receiving: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued by the City for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes): Curbside Roll-Out Carts Monthly Service Cost Per Unit Garbage Collection $4.59 4.66 Recycling $2.01 2.04 Yard Trash $1.20 1.22 ORD. NO. 25-162 Bulk Waste $1.19 1.21 Total Fees—Contractor $8.99 9.13 Administrative Fee .35 Franchise Fee (5%)0.45 0.46 Total Fees $9.79 9.94 Rear-Door Owner Container Monthly Service Cost Per Unit Garbage Collection $11.05 11.21 Recycling 2.01 $2.04 Yard Trash $0.00 Total Fees--Contractor $13.06 13.25 Administrative Fee 0.35 Franchise Fee (5%)$0.65 0.66 Total Fees $14.06 $14.26 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $4.59 4.66 Recycling $2.01 2.04 Yard Trash $1.20 1.22 ORD. NO. 25-163 Bulk Waste $1.19 1.21 Total Fees--Contractor $8.99 9.13 Administrative Fee 0.35 Franchise Fee (5%)$0.45 0.46 Total Fees $9.79 9.94 (B)Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall be based on a per-unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. If the Contractor furnishes the roll-out carts, as approved by the City, then a monthly fee of $1.00 per cart may be charged by the Contractor directly to the customer. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $2.96 3.00 Recycling $2.01 2.04 Total Per-Unit Fee--Contractor $4.97 5.04 Administrative Fee $0.35 Franchise Fee (5%)$0.25 Total Monthly Fees Per Unit $5.57 5.64 ORD. NO. 25-164 (C)Commercial Service (1)Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a)Rollout Carts.The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b)Mechanical Containers. (2)The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3)Mechanical containers emptied by mechanical means shall be provided by the contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4)Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container, shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) 1 2 3 4 5 6 7 2 Yard Collection 38.71 39.23 77.42 78.46 116.13 117.69 154.84 156.92 193.55 196.15 232.26 235.38 270.97 274.61 Disposal 24.33 48.67 73.00 97.34 121.67 146.01 170.34 ORD. NO. 25-165 Total Contractor Fees 63.04 63.56 126.09 127.13 189.13 190.69 252.18 254.26 315.22 317.82 378.27 381.39 441.31 444.95 Franchise Fee (10%) 6.30 6.36 12.61 12.71 18.91 19.07 25.22 25.43 31.52 31.78 37.83 38.14 44.13 44.50 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fees 69.69 70.27 139.05 140.19 208.39 210.11 277.75 280.04 347.09 349.95 416.45 419.88 485.79 489.80 3 Yard Collection 58.07 58.84 116.14 117.68 174.21 176.52 232.28 235.36 290.35 294.20 348.42 353.04 406.49 411.88 Disposal 36.53 73.06 109.59 146.12 182.65 219.18 255.71 Total Contractor Fees 94.60 95.37 189.20 190.74 283.80 286.11 378.40 381.48 473.00 476.85 567.60 572.22 662.20 667.59 Franchise Fee (10%) 9.46 9.54 18.92 19.07 28.38 28.61 37.84 38.15 47.30 47.69 56.76 57.22 66.22 66.76 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fees 104.41 105.26 208.47 210.16 312.53 315.07 416.59 419.98 520.65 524.89 624.71 629.79 728.77 734.70 4 Yard Collection 77.42 78.46 154.84 156.92 232.26 235.38 309.68 313.84 387.10 392.30 464.52 470.76 541.94 549.22 Disposal 48.71 97.41 146.12 194.83 243.53 292.24 340.95 Total Contractor Fees 126.13 127.17 252.25 254.33 378.38 381.50 504.51 508.67 630.63 635.83 756.76 763.00 882.89 890.17 Franchise Fees (10%) 12.61 12.72 25.23 25.43 37.84 38.15 50.45 50.87 63.06 63.58 75.68 76.30 88.29 89.02 Administrative Fee .35 .35 .35 .35 .35 .35 .35 ORD. NO. 25-166 Total Fees 139.09 140.24 277.83 280.11 416.57 420.00 555.31 559.89 694.04 699.76 832.79 839.65 971.53 979.54 6 Yard Collection 116.13 117.69 232.26 235.38 348.39 353.07 464.52 470.76 580.65 588.45 696.78 706.14 812.91 823.83 Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Total Contractor Fees 189.19 190.75 378.38 381.50 567.67 572.25 756.76 763.00 945.95 953.75 1135.14 1144.50 1324.33 1335.25 Franchise Fee (10%) 18.92 19.08 37.84 38.15 56.76 57.23 75.68 76.30 94.60 95.38 113.51 114.45 132.43 133.53 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fees 208.46 210.18 416.57 420.00 624.68 629.83 832.79 839.65 1040.90 1049.48 1249.00 1259.30 1457.11 1469.13 8 Yard Collection 154.84 156.92 309.68 313.84 464.52 470.76 619.36 627.68 774.20 784.60 929.04 941.52 1083.88 1098.44 Disposal 97.41 194.83 292.24 389.65 487.07 584.48 681.89 Total Contractor Fees 252.25 254.33 504.51 508.67 756.76 763.00 1009.01 1017.33 1261.27 1271.67 1513.52 1526.00 1765.77 1780.33 Franchise Fee (10%) 25.23 25.43 50.45 50.87 75.68 76.30 100.90 101.73 126.13 127.17 151.35 152.60 176.58 178.03 Administrative Fee .35 .35 .35..35 .35 .35 .35 Total Fees 277.83 280.11 555.31 559.89 832.79 839.65 1110.26 1119.41 1387.75 1399.19 1665.22 1678.95 1942.70 1958.71 ORD. NO. 25-167 Commercial Compacting Containers Container Size Pickup Frequency (Per Week) 1 2 3 4 5 6 7 2 Yard Collection 48.41 49.10 96.82 98.20 145.23 147.30 193.64 196.40 242.05 245.50 290.46 294.60 338.87 343.70 Disposal 48.67 97.34 146.01 194.68 243.35 292.02 340.69 Total Contractor Fee 97.08 97.77 194.16 195.54 291.24 293.31 388.32 391.08 485.40 488.85 582.48 586.62 679.56 684.39 Franchise Fee (10%) 9.71 9.78 19.42 19.55 29.12 29.33 38.83 39.11 48.54 48.89 58.25 58.66 67.96 68.44 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 107.14 107.90 213.93 215.44 320.71 322.99 427.50 430.54 534.29 538.09 641.08 645.63 747.87 753.18 3 Yard Collection 72.61 73.65 145.22 147.30 217.83 220.95 290.44 294.60 363.05 368.25 435.66 441.90 508.27 515.55 Disposal 73.00 146.01 219.01 292.02 365.02 438.02 511.03 Total Contractor Fee 145.61 146.65 291.23 293.31 436.84 439.96 582.46 586.62 728.07 733.27 873.68 879.92 1019.30 1026.58 Franchise Fee (10%) 14.56 14.67 29.12 29.33 43.68 44.00 58.25 58.66 72.81 73.33 87.37 87.99 101.93 102.66 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 160.52 161.67 320.70 322.99 480.87 484.31 641.06 645.63 801.23 806.95 961.40 968.26 1121.58 1129.59 4 Yard Collection 96.82 98.20 193.64 196.40 290.46 294.60 387.28 392.80 484.10 491.00 580.92 589.20 677.74 687.40 Disposal 97.34 194.68 292.02 389.35 486.69 584.03 681.37 Total Contractor Fee 194.16 195.54 388.32 391.08 582.48 586.62 776.63 782.15 970.79 977.69 1164.95 1173.23 1359.11 1368.77 Franchise Fee (10%) 19.42 19.55 38.83 39.11 58.25 58.66 77.66 78.22 97.08 97.77 116.50 117.32 135.91 136.88 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 213.93 427.50 641.08 854.64 1068.22 1281.80 1495.37 ORD. NO. 25-168 215.44 430.54 645.63 860.72 1075.81 1290.90 1506.00 6 Yard Collection 145.23 147.31 290.46 294.62 435.69 441.93 580.92 589.24 726.15 736.55 871.38 883.86 1016.61 1031.17 Disposal 146.01 292.02 438.02 584.03 730.04 876.05 1022.05 Total Contractor Fee 291.24 293.32 582.48 586.64 873.71 879.95 1164.95 1173.27 1456.19 1466.59 1747.43 1759.91 2038.66 2053.22 Franchise Fee (10%) 29.12 29.33 58.25 58.66 87.37 88.00 116.50 117.33 145.62 146.66 174.74 175.99 203.87 205.32 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 320.71 323.00 641.08 645.65 961.43 968.30 1281.80 1290.95 1602.16 1613.60 1922.52 1936.25 2242.88 2258.89 8 Yard Collection 193.64 196.41 387.28 392.82 580.92 589.23 774.56 785.64 968.20 982.05 1161.84 1178.46 1355.48 1374.87 Disposal 194.68 389.35 584.03 778.71 973.38 1168.06 1362.74 Total Contractor Fee 388.32 391.09 776.63 782.17 1164.95 1173.26 1553.27 1564.35 1941.58 1955.43 2329.90 2346.52 2718.22 2737.61 Franchise Fee (10%) 38.83 39.11 77.66 78.22 116.50 117.33 155.33 156.44 194.16 195.54 232.99 234.65 271.82 273.76 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 427.50 430.55 854.64 860.74 1281.80 1290.94 1708.95 1721.14 2136.09 2151.32 2563.24 2581.52 2990.39 3011.72 Commercial/Multi-Family Rolloff Containers: Commercial/Multi-Family Permanent Roll-Off Containers: Permanent open-top roll-off container: Two hundred thirty-five dollars and forty-two cents ($235.42) (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup. Compactors: Two hundred thirty-five dollars and forty-two cents ($235.42) (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup. The rates for commercial collection service shall include all charges and fees for the rental of mechanical containers except compactors. The rate for leasing a compactor shall be negotiated by the contractor and the customer. ORD. NO. 25-169 15 Yard Collection $210.97 214.02 20 Yard Collection $210.97 214.02 30 Yard Collection $210.97 214.02 40 Yard Collection $210.97 214.02 Excludes commercial recycling containers and construction/demolition debris. Commercial 96-Gallon Cart Service (Does not apply to residential service) Pickups Per Week 1 2 3 4 5 6 Collection 25.12 25.48 50.24 50.96 75.36 76.44 100.48 101.92 125.60 127.40 150.72 152.88 Disposal 6.08 12.16 18.24 24.32 30.40 36.48 Total Contractor Fees 31.20 31.56 62.40 63.12 93.60 94.68 124.80 126.24 156.00 157.80 187.20 189.36 Franchise Fee (10%)3.12 3.16 6.24 6.31 9.36 9.47 12.48 12.62 15.60 15.78 18.72 18.94 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees 34.67 35.07 68.99 69.78 103.31 104.50 137.63 139.21 171.95 173.93 206.27 208.65 NOTE: The foregoing rates are based on forty-two dollars ($42.00) per ton ($2.81 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 2016. ORD. NO. 25-1610 NOTE:City of Delray Beach buildings and locations shall be charged the City Collection Service rate, but shall not be charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA. The Contractor shall be allowed to charge the Rates for Special Collection Services, as set forth in Exhibit 3D of the Franchise Agreement, if the Contractor performs any of the services listed on the special services exhibit. The City’s franchise fee shall be applied to these rates. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. If passed on second and final reading, this ordinance shall become effective on October 1, 2016. PASSED AND ADOPTED in regular session on second and final reading on _________________. ______________________________ MAYOR ATTEST: __________________________________ City Clerk First Reading _______________________ Second Reading _____________________ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-879,Version:1 TO: Mayor and Commissioners FROM: Teresa Cantore, Treasurer Jeff Snyder, Assistant Chief Financial Officer THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 ORDINANCE NO. 25-16: SANITATION RATES FOR FY2017 (SECOND READING) Recommended Action: Motion to Approve an amendment to the City Code of Ordinances, Chapter 51, "GARBAGE AND TRASH", Section 51.70, "REGULAR CHARGES LEVIED", to provide for new residential and commercial collection service rates for fiscal year 2017. Background: Sanitation service in the City is provided under terms of the Exclusive Franchise Agreement between City of Delray Beach, Florida and Southern Waste Systems, LLC for the Collection of Solid Waste and Recyclable Materials (Agreement). This agreement was assigned to Waste Management Inc. December 14, 2015, as a result of their acquisition of Southern Waste Systems, LLC. Section 38.3 of the Agreement, "CPI Adjustments to Collection Component of Rates", requires annual rate increases based on an inflation index. Consistent with this provision, this ordinance is before Commission for the first reading to amend Chapter 51, "GARBAGE AND TRASH", of the Code of Ordinances by modifying Section 51.70, "REGULAR CHARGES LEVIED", to provide for increased residential and commercial collection service rates for Fiscal Year 2017. Residential garbage, recycling, yard trash, bulk trash and commercial fees are being amended as per below: 1) Residential customer rates are increased by 1.45% due to a corresponding increase in the Consumer Price Index (CPI). 2) Commercial customer rates are increased by the same CPI increase of 1.45%. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance has reviewed and concurs with the CPI increase and corresponding rate changes for Residential and Commercial services. Timing of Request: Timely approval will permit necessary preparation for rates to become effective October 1, 2016. City of Delray Beach Printed on 9/1/2016Page 1 of 1 powered by Legistar™ ORDINANCE NO. 15-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.3.3, SPECIAL REQUIREMENTS FOR SPECIFIC USES, SUBSECTION (A), SELF-SERVICE STORAGE FACILITIES, TO REVISE THE ASSOCIATED SPECIAL REQUIREMENTS; AMEND SECTION 4.4.26 LIGHT INDUSTRIAL (LI) DISTRICT, SUBSECTION (B), PRINCIPAL USES AND STRUCTURES PERMITTED, TO LIST SELF-SERVICE STORAGE FACILITIES AS A PERMITTED USE; AND SUBSECTION (D), CONDITIONAL USES AND STRUCTURES ALLOWED, TO REMOVE SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE, AND PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Self-Service Storage Facilities are compatible in specific industrial and commercial zoning districts as a permitted use; and WHEREAS, multi-story Self-Service Storage Facilities are consistent with industry trends for air- conditioned units, and consistent with height limitations of the Light Industrial (LI) zoning district; and, WHEREAS, specific parking requirements are necessary for Self-Service Storage Facilities and the associated uses; and, WHEREAS, a manager is required to be on-site; during business hours and with the option of living on-site for security purposes, as needed; and, WHEREAS, the hours of operation can be extended by one hour, until 10:00 pm, for consistency with existing facilities within Delray Beach; and, WHEREAS, outdoor storage of vehicles and boats, and truck rentals are permitted as accessory uses on-site, subject to the provision of sufficient screening from the right of way; and, WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 16, 2016, and voted 4 - 1 to recommend that the changes be approved; and 2 Ord. 15 – 16 WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the May 16 Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3 " Special Requirements for Specific Uses", Subsection 4.3.3 (A) "Self- Service Storage Facilities (SSSF)", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: [No changes to (1)] (2)Facilities and Requirements: (a) Any SSSF which has outdoor bay type access to storage units must be designed in such a way to create a compound like structure with a defined masonry perimeter. In addition, the facility should be designed in such a way to minimize or eliminate sight lines of any bay doors, or outdoor storage of boats and vehicles, from the adjacent rights-of-way. (b) No building shall exceed fifteen feet (15’) 48’ in height. This does not apply to an on-site manager’s apartment which may be located on a second floor, not to exceed thirty-five feet (35’) in height. (c) Parking shall be provided as follows: 1. One (1) space per 5,000 square feet of gross floor area for single story SSSF buildings. This requirement may be modified during the site plan approval process if a sufficient number of storage units have direct vehicle access, and internal driveways are designed to allow customers to safely park in front of their storage unit without impeding internal circulation. 2. One parking space per 100 units of multi-story SSSF buildings. 3. A minimum of 3.5 spaces/1,000 square feet of accessory office. 4. A minimum of 2 spaces for an on site manager’s residence, if applicable. 5. A minimum of 3 loading spaces for each multi-story SSSF building. Each loading space must be a minimum of 12’ x 25’ with sufficient driveway access to accommodate vehicular maneuvering. 3 Ord. 15 – 16 (3) Limitation of Uses: (a) Activities other than the rental or lease of storage units are not allowed to be conducted on the premises of the SSSF, unless specifically permitted by the City Commission through the conditional use process. (b) No business or activity other than dead storage shall be conducted from any storage unit in the facility. Examples of prohibited uses include, but are not limited to the following: the servicing, repair and/or restoration of automobiles, boats, recreational vehicles, lawnmowers and the like; garage sales; moving and storage companies; cabinet making and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. (c) There shall be no electrical power provided to, or accessible from, any individual storage units. This includes the provision of lighting fixtures to the interior of a storage unit, unless specifically addressed in the conditional use site plan approval. The use of portable generators is also prohibited. (d) The use or storage of any hazardous materials is expressly prohibited. (e) The terms and conditions of this section shall be clearly expressed in all storage rental or leasing contracts, as well as conspicuously displayed on a sign no smaller than one foot (1’) by two feet (2’) in the leasing office. (f) Failure to maintain the terms and conditions of this section shall be grounds for revocation of the conditional use approval. (4) On-Site Manager Required: All SSSF are required to have, and continuously maintain, an on-site manager during office business hours, and may provide on-site living quarters for such. (5) Hours of Operation: SSSF customers may not access individual storage units before 5:00 a.m. or any later than 9:00 10:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any SSSF have 24 hour access to their storage unit(s). (6) Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10’) landscape buffer shall be required for the entirety of the property. (7) Outdoor Storage of Vehicles and Boats: The outdoor storage of boats and vehicles is permitted only if specifically addressed during the conditional use approval process. In all cases, this use is permitted only as accessory to the main use, must be located in the interior of the masonry perimeter, and may not be visible from any rights-of-way. 4 Ord. 15 – 16 (8) Truck Rental: Truck rental may be conducted as an ancillary use, if specifically permitted in the conditional use approval, and an appropriate amount of additional parking spaces are provided. Storage of rental trucks must be located in the interior of the masonry perimeter, and may not be visible from any rights- of-way. Section 3. That Section 4.4.26 "Light Industrial", Subsection 4.4.26 (B) "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: [No changes to (1) – (4)] (5)Self-service Storage Facilities, pursuant to the provisions of Section 4.3.3(A). Section 4. That Section 4.4.26 "Light Industrial", Subsection 4.4.26 (C) "Accessory Use and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: [No changes to (1) – (5)] (6)Outdoor storage of vehicles and boats, as an accessory to the self-service storage facility, subject to the provisions of Section 4.3.3(A)(7), and Section 4.6.6(C)(2), Restrictions on Outside Usage: Outside Storage. (7)Truck rentals as an accessory use to self-service storage facilities, subject to the provisions of Section 4.3.3(A)(8), and Section 4.6.6(C)(2), Restrictions on Outside Usage: Outside Storage. 5 Ord. 15 – 16 Section 4. That Section 4.4.26 "Light Industrial", Subsection 4.4.26 (D) "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: [No changes to (1) – (3)] (4)Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in 4.3.3 (A). Section 5.That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6.That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7.That this Ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this ______ day of ____________________________, 2016. Mayor ATTEST: City Clerk First Reading Second Reading PLANNING & ZONINGDEPARTMENT N 0.01 2.35 0.13 3.35 2.56 1.8 2.02 1.17 0.55 0.44 0.42 0.42 0.46 0.33 0.33 0.28 0.270.25 0.19 0.46 I RM MIC LI OSR LI RM AC R-1 -A CF OSR R-1-A OS AC NC R-1 -A I - 9 5 SW 10 th St W a l l a c e D r S W 1 5 t h A v e S W 1 0 t h A v e SW 8t h S t S W 1 7 t h A v e S W 7 t h S t S W 1 6 t h A v e A u b u r n A v e S W 1 2 t h A v e SW 7t h C t L i m e L n G e or g i a S t SW 11 th S t S W 1 1 t h T e r S W 1 3 t h A v e S W 1 1 t h A v e S W 1 4 t h A v e S W 9 t h A v e V i l l a g e S q u a r e C i r El la S t S W 1 2 t h T e r G w e n z e l l A v e P o i n s e t t i a D r B es s i e St A ub u r n C i r S T a n g e l o T e r S W 1 0 t h A v e I - 9 5 SW 7t h St I - 9 5 I -9 5 P o i n s e t t i a D r S W 8 t h A v e S W 8 t h A v e R o y a l P a l m D r S u n d y A v e S t r i c k l a n d R d A u b u r n T e r S A u b u r n C i r W A u b u r n C i r E D o u g l a s A v e S W 8t h C t SW 9t h S t SW 9t h Ct S W 1 0 t h A v e SW 7t h St LIGHT INDUSTRIAL ZONING Document Path: S:\Plann ing & Zonin g\DBMS\GIS\Pro ject Maps\Location Map s\Amy\Ligh t Industrial Zonin g_Acres.mxdDate Sa ved: 7/18/20 16 1 inch = 400 feetLight Industrial Area: 20.18 Acres Lege nd Parcels_Over_2.0_Acres Subject Property Existing Self Serv ic e Storage Facility PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 16, 2016 ITEM: Privately-initiated amendment to Land Development Regulations (LDRs) Section 4.3.3(A), Self-service Storage Facilities, to revise the special requirements, and Section 4.4.26, Light Industrial (LI), to add self-service storage facilities as a permitted use, and remove it as a conditional use. RECOMMENDATION: Recommend approval to the City Commission. GENERAL DATA: Applicant………….................. Miller Land Planning, Inc. Future Land Use Map............. Commerce (CMR) Zoning Designation................. LI (Light Industrial) Proposed Land Use…............ Self-service Storage Facility ITEM BEFORE THE BOARD The item before the Board is a recommendation to the City Commission regarding privately- initiated amendments to LDR Section 4.3.3(A), Self-service Storage Facilities, to revise the associated special requirements, and to LDR Section 4.4.26, Light Industrial (LI), to list Self- service Storage Facilities as a permitted use and remove it as a conditional use, pursuant to LDR Section 2.2.6(D)(6). PROPOSED AMENDMENT The amendments to the LDRs are privately-initiated and seek to permit the provision of self- service storage facilities as a permitted use within the LI zoning district, whereas this use is presently listed as a conditional use. The amendments also revise the special requirements associated with this use. The proposed amendments are as follows: • LDR Section 4.3.3(A)(2), Special Requirements for Specific Uses, Self-Service Storage Facilities: Increase the permitted building height from 15’ to 48’; provide parking requirements specific to single-story and multi-story storage facilities; specify that the on-site manager is required during office business hours; extend hours of operation from 9pm to 10pm; and, require distance of 750’ between facilities. • LDR Section 4.4.26(B), Principal Uses and Structures Permitted: Adds Self-service Storage Facilities as a permitted use, subject to the provisions of Section 4.3.3(A). • LDR Section 4.4.26(C), Accessory Use and Structures Permitted: Adds outdoor storage of vehicles and boats, and truck rentals as accessory uses to self-service storage facilities, subject to the restrictions on outside storage in Section 4.6.6(C)(2). • LDR Section 4.4.26(D), Conditional Uses and Structures Allowed: Deletes Self-service Storage Facilities as a conditional use. Additional revisions within the Ordinance are included as “clean-up” to clarify the intention of the regulations. ANALYSIS Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. The proposed amendment is a privately-initiated text amendment to the Land Development Regulations. 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. Planning and Zoning Board Meeting of May 16, 2016 LDR Amendment RE: Light Industrial Self-Service Storage Facilities 2 / 3 A review of the objectives and policies of the adopted Comprehensive Plan was conducted, and there are not any applicable to this specific request. However, the following Goal is generally applied to LDR Amendments to ensure that compatibility of the request is reviewed: Future Land Use Element, Goal Area "A": Land within the planning area shall be developed or redeveloped, to sustain and enhance the existing quality of life, compliment and be compatible with existing land use and result in a mixed, but predominately residential community with a balanced economic base and encourage accessible affordable everyday services. The proposed amendments change self-service storage facilities to a permitted principal use within the LI zoning district, whereas they are currently permitted as a conditional use. The amendments also add a distance separation requirement of 750’ which provides a similar protection to the district as the conditional use process presently requires for these facilities. The revision from conditional to permitted will not impact the quality of life within the LI areas, and will help to improve the quality of life in adjacent neighborhoods by providing additional storage needs for the residents. The increased height for such facilities will also assist in the provision of everday affordable services, as storage facility trends have significantly changed since the adoption of the existing restrictions of one-story facilities at a maximum of 15’ in height. Additionally, specific parking provisions are provided to ensure that the right-of-way is not impacted from insufficient parking. The added specification of vehicle and boat storage and truck rentals as accessory uses is in keeping with the existing provisions for storage facilities, which are not specified as permitted accessory uses within the LI zoning district. Future Land Use Element, Policy C-1.8: The following pertains to redevelopment of the Wallace Drive Industrial Area: This area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2004. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. Aggregation of parcels is encouraged throughout the area to accommodate unified development. The Wallace Drive Overlay area contains LI zoned property which will be affected by the subject amendments. Given that the self-service storage facilities use is presently permitted, albeit as a conditional use, the amendments are not contrary to the Plan and are appropriate to be maintained in the light industrial area. Given the above, the adoption of the proposed amendments are in keeping with the applicable policies, goals and objectives of the Comprehensive Plan. Planning and Zoning Board Meeting of May 16, 2016 LDR Amendment RE: Light Industrial Self-Service Storage Facilities 3 / 3 REVIEW BY OTHERS The Community Redevelopment Agency (CRA) will review the proposed amendments at its May 12, 2016 meeting; the recommendation will be provided at the Planning and Zoning Board meeting. A courtesy notice was sent to the Delray Citizen’s Coalition in anticipation of the Planning and Zoning Board meeting of May 16, 2016. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulation Sections 4.3.3(A), Self-service Storage Facilities, to revise the associated special requirements, and 4.4.26, to list Self-service Storage Facilities as a permitted use and remove it as a conditional use, by adopting the findings of fact and law contained in the Staff Report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulation Sections 4.3.3(A), Self-service Storage Facilities, to revise the associated special requirements, and 4.4.26, to list Self-service Storage Facilities as a permitted use and remove it as a conditional use, by adopting the findings of fact and law contained in the Staff Report, and finding that the text 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 the amendment to Land Development Regulation Sections 4.3.3(A), Self-service Storage Facilities, to revise the associated special requirements, and LDR Section 4.4.26, to list Self-service Storage Facilities as a permitted use and remove it as a conditional use, by adopting the findings of fact and law contained in the Staff Report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Report prepared by: Amy E. Alvarez, AICP, Senior Planner 1 Ord. ____ - 16 ORDINANCE NO. ___-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.3.3, SPECIAL REQUIREMENTS FOR SPECIFIC USES, SUBSECTION (A), SELF-SERVICE STORAGE FACILITIES, TO REVISE THE ASSOCIATED SPECIAL REQUIREMENTS; AMEND SECTION 4.4.26 LIGHT INDUSTRIAL (LI) DISTRICT, SUBSECTION (B), PRINCIPAL USES AND STRUCTURES PERMITTED, TO LIST SELF-SERVICE STORAGE FACILITIES AS A PERMITTED USE; AND SUBSECTION (D), CONDITIONAL USES AND STRUCTURES ALLOWED, TO REMOVE SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE, AND PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Self-Service Storage Facilities are compatible in specific industrial and commercial zoning districts as a permitted use; and WHEREAS, multi-story Self-service Storage Facilities are consistent with industry trends for air- conditioned units, and consistent with height limitations of the Light Industrial zoning district; and, WHEREAS, specific parking requirements are necessary for Self-service Storage Facilities and the associated uses; and, WHEREAS, a manager is required to be on-site ;during business hours and with the option of living on-site for security purposes, as needed; and, WHEREAS, the hours of operation can be extended by one hour, until 10:00 pm, for consistency with existing facilities within Delray Beach; and, WHEREAS, outdoor storage of vehicles and boats, and truck rentals are permitted as accessory uses on-site, subject to the provision of sufficient screening from the right of way; and, WHEREAS, the separation requirement of 750’ between facilities is appropriate to the Light Industrial zoning district; and, 2 Ord. ____ - 16 WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 16, 2016, and voted __ - __ to recommend that the changes be approved; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3 " Special Requirements for Specific Uses", Subsection 4.3.3 (A) "Self- Service Storage Facilities (SSSF)", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: [No changes to (1)] (2) Facilities and Requirements: (a) Any SSSF which has outdoor bay type access to storage units must be designed in such a way to create a compound like structure with a defined masonry perimeter. In addition, the facility should be designed in such a way to minimize or eliminate sight lines of any bay doors, or outdoor storage of boats and vehicles, from the adjacent rights-of-way. (b) No building shall exceed fifteen feet (15’) 48’ in height. This does not apply to an on-site manager’s apartment which may be located on a second floor, not to exceed thirty-five feet (35’) in height. (c) Parking shall be provided as follows: 1. One (1) space per 5,000 square feet of gross floor area for single story SSSF buildings. This requirement may be modified during the site plan approval process if a sufficient number of storage units have direct vehicle access, and internal driveways are designed to allow customers to safely park in front of their storage unit without impeding internal circulation. 3 Ord. ____ - 16 2. One parking space per 100 units of multi-story SSSF buildings. 3. A minimum of 3.5 spaces/1,000 square feet of accessory office. 4. A minimum of 2 spaces for an on site manager’s residence, if applicable. 5. A minimum of 3 loading spaces for each multi-story SSSF building. Each loading space must be a minimum of 12’ x 25’ with sufficient driveway access to accommodate vehicular maneuvering. (3) Limitation of Uses: (a) Activities other than the rental or lease of storage units are not allowed to be conducted on the premises of the SSSF, unless specifically permitted by the City Commission through the conditional use process. (b) No business or activity other than dead storage shall be conducted from any storage unit in the facility. Examples of prohibited uses include, but are not limited to the following: the servicing, repair and/or restoration of automobiles, boats, recreational vehicles, lawnmowers and the like; garage sales; moving and storage companies; cabinet making and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. (c) There shall be no electrical power provided to, or accessible from, any individual storage units. This includes the provision of lighting fixtures to the interior of a storage unit, unless specifically addressed in the conditional use site plan approval. The use of portable generators is also prohibited. (d) The use or storage of any hazardous materials is expressly prohibited. (e) The terms and conditions of this section shall be clearly expressed in all storage rental or leasing contracts, as well as conspicuously displayed on a sign no smaller than one foot (1’) by two feet (2’) in the leasing office. (f) Failure to maintain the terms and conditions of this section shall be grounds for revocation of the conditional use approval. (4) On-Site Manager Required: All SSSF are required to have, and continuously maintain, an on-site manager during office business hours, and may provide on-site living quarters for such. (5) Hours of Operation: SSSF customers may not access individual storage units before 5:00 a.m. or any later than 9:00 10:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any SSSF have 24 hour access to their storage unit(s). 4 Ord. ____ - 16 (6) Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10’) landscape buffer shall be required for the entirety of the property. (7) Outdoor Storage of Vehicles and Boats: The outdoor storage of boats and vehicles is permitted only if specifically addressed during the conditional use approval process. In all cases, this use is permitted only as accessory to the main use, must be located in the interior of the masonry perimeter, and may not be visible from any rights-of-way. (8) Truck Rental: Truck rental may be conducted as an ancillary use, if specifically permitted in the conditional use approval, and an appropriate amount of additional parking spaces are provided. Storage of rental trucks must be located in the interior of the masonry perimeter, and may not be visible from any rights- of-way. (9) Location: A SSSF shall not be located within a radius of 750 feet of another existing SSSF, measured from property line to property line. Section 3. That Section 4.4.26 "Light Industrial", Subsection 4.4.26 (B) "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: [No changes to (1) – (4)] (5) Self-service Storage Facilities, pursuant to the provisions of Section 4.3.3(A). Section 4. That Section 4.4.26 "Light Industrial", Subsection 4.4.26 (C) "Accessory Use and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: [No changes to (1) – (5)] (6) Outdoor storage of vehicles and boats, as an accessory to the self-service storage facility, subject to the provisions of Section 4.6.6(C)(2), Restrictions on Outside Usage: Outside Storage. (7) Truck rentals as an accessory use to self-service storage facilities, subject to the provisions of Section 4.6.6(C)(2), Restrictions on Outside Usage: Outside Storage. 5 Ord. ____ - 16 Section 4. That Section 4.4.26 "Light Industrial", Subsection 4.4.26 (D) "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: [No changes to (1) – (3)] (4) Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in 4.3.3 (A). Section 5. That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this Ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this ______ day of ____________________________, 2016. Cary D. Glickstein, Mayor ATTEST: City Clerk First Reading Second Reading 1 Ord No. 15 - 16 ORDINANCE NO. 15-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.3.3, SPECIAL REQUIREMENTS FOR SPECIFIC USES, SUBSECTION (A), SELF-SERVICE STORAGE FACILITIES, TO REVISE THE ASSOCIATED SPECIAL REQUIREMENTS; AMEND SECTION 4.4.26 LIGHT INDUSTRIAL (LI) DISTRICT, SUBSECTION (B), PRINCIPAL USES AND STRUCTURES PERMITTED, TO LIST SELF-SERVICE STORAGE FACILITIES AS A PERMITTED USE; AND SUBSECTION (D), CONDITIONAL USES AND STRUCTURES ALLOWED, TO REMOVE SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE, AND PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Self-Service Storage Facilities are compatible in specific industrial and commercial zoning districts as a permitted use; and WHEREAS, two-story Self-service Storage Facilities are consistent with industry trends for air- conditioned units; and, WHEREAS, specific parking requirements are necessary for Self-service Storage Facilities and the associated uses; and, WHEREAS, a manager is required to be on-site, during business hours and with the option of living on-site for security purposes, as needed; and, WHEREAS, the hours of operation can be extended by one hour, until 10:00 pm, for consistency with existing facilities within Delray Beach; and, WHEREAS, outdoor storage of vehicles and boats, and truck rentals are permitted as accessory uses on-site, subject to the provision of sufficient screening from the right of way; and, WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 16, 2016, and voted 4 - 1 to recommend that the changes be approved; and 2 Ord No. 15 - 16 WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3 " Special Requirements for Specific Uses", Subsection 4.3.3 (A) "Self- Service Storage Facilities (SSSF)", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (1) Lot Area: The minimum lot area is two (2) acres, and the maximum lot area is five (5) acres. (2) Facilities and Requirements: (a) Any SSSF which has outdoor bay type access to storage units must be designed in such a way to create a compound like structure with a defined masonry perimeter. In addition, the facility should be designed in such a way to minimize or eliminate sight lines of any bay doors, or outdoor storage of boats and vehicles, from the adjacent rights-of-way. (b) No building shall exceed fifteen feet (15’) two stories or 30’ in height. This does not apply to an on-site manager’s apartment which may be located on a second floor, not to exceed thirty-five feet (35’) in height. (c) Parking shall be provided as follows: 1. One (1) space per 5,000 square feet of gross floor area for single story SSSF buildings. This requirement may be modified during the site plan approval process if a sufficient number of storage units have direct vehicle access, and internal driveways are designed to allow customers to safely park in front of their storage unit without impeding internal circulation. 2. One parking space per 100 units of multi-story SSSF buildings. 3. A minimum of 3.5 spaces/1,000 square feet of accessory office. 4. A minimum of 2 spaces for an on site manager’s residence, if applicable. 5. A minimum of 3 loading spaces for each multi-story SSSF building. Each loading space must be a minimum of 12’ x 25’ with sufficient driveway access to accommodate vehicular maneuvering. 3 Ord No. 15 - 16 (3) Limitation of Uses: (a) Activities other than the rental or lease of storage units are not allowed to be conducted on the premises of the SSSF, unless specifically permitted by the City Commission through the conditional use process. (b) No business or activity other than dead storage shall be conducted from any storage unit in the facility. Examples of prohibited uses include, but are not limited to the following: the servicing, repair and/or restoration of automobiles, boats, recreational vehicles, lawnmowers and the like; garage sales; moving and storage companies; cabinet making and wood working (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted through the conditional use process. (c) There shall be no electrical power provided to, or accessible from, any individual storage units. This includes the provision of lighting fixtures to the interior of a storage unit, unless specifically addressed in the conditional use site plan approval. The use of portable generators is also prohibited. (d) The use or storage of any hazardous materials is expressly prohibited. (e) The terms and conditions of this section shall be clearly expressed in all storage rental or leasing contracts, as well as conspicuously displayed on a sign no smaller than one foot (1’) by two feet (2’) in the leasing office. (f) Failure to maintain the terms and conditions of this section shall be grounds for revocation of the conditional use approval. (f) Within the Light Industrial (LI) zoning district, facilities may not be located within a 750’ radius of another approved SSSF. (4) On-Site Manager Required: All SSSF are required to have, and continuously maintain, an on-site manager during office business hours, and may provide on-site living quarters for such. (5) Hours of Operation: SSSF customers may not access individual storage units before 5:00 a.m. or any later than 9:00 10:00 p.m. Hours of operation may be further restricted when it is deemed that morning and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any SSSF have 24 hour access to their storage unit(s). (6) Landscape Requirements:In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10’) landscape buffer shall be required for the entirety of the property. (7) Outdoor Storage of Vehicles and Boats: The outdoor storage of boats and vehicles is permitted only if specifically addressed during the conditional use approval process. In all cases, this use is permitted only 4 Ord No. 15 - 16 as accessory to the main use, must be located in the interior of the masonry perimeter, and may not be visible from any rights-of-way. (8) Truck Rental: Truck rental may be conducted as an ancillary use, if specifically permitted in the conditional use approval, and an appropriate amount of additional parking spaces are provided. Storage of rental trucks must be located in the interior of the masonry perimeter, and may not be visible from any rights- of-way. Section 3. That Section 4.4.26 "Light Industrial", Subsection 4.4.26 (B) "Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (1)Research and Development: Research and Development (R&D) uses involve either some degree of product creation, testing, evaluation, and development or the providing of testing and evaluation services for products produced by others. However, this use does not include the actual manufacture, assembly, fabrication, or other processing techniques which result in either the distribution or sale, either wholesale or retail, of products from the premises. Further, when located within Wellfield Protection Zone 1, 2, or 3, materials used in such testing and evaluation shall not exceed an aggregate amount of twenty-five (25) gallons per gross acre of land area for any material which is listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). (2)Wholesaling, Storage, and Distribution: The wholesaling, storage, and distribution of any product, however, when located within Wellfield Protection Zone 1, 2, or 3, the products may not include those which are listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). (3)Industrial (Manufacturing, Assembly): Only manufacturing and assembly operations are allowed. When located within Wellfield Protection Zone 1, 2, or 3, any materials used in such operations shall not exceed an aggregate amount of twenty-five (25) gallons per gross acre of land area for any material which is listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). (4)Office: General business offices and business services are allowed. However, professional offices dealing with medical activities and medicine are not permitted. (5)Self-service Storage Facilities, pursuant to the provisions of Section 4.3.3(A). Section 4. That Section 4.4.26 "Light Industrial", Subsection 4.4.26 (C) "Accessory Use and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (1)Parking lots. 5 Ord No. 15 - 16 (2)Refuse storage areas. (3)Monitoring Wells. (4)Retailing of items processed on the premises but only to the extent of no more than 10% of the floor area of the structure or use area devoted to the item, but in no case to exceed 2,500 sq. ft. of display and sales area. (5)Repair: Repair use is allowed only to the extent that it is consistent with or for items which may be manufactured or assembled within this zone district. (6)Outdoor storage of vehicles and boats, as an accessory to the self-service storage facility, subject to the provisions of Section 4.3.3(A)(7), and Section 4.6.6(C)(2), Restrictions on Outside Usage: Outside Storage. (7)Truck rentals as an accessory use to self-service storage facilities, subject to the provisions of Section 4.3.3(A)(8), and Section 4.6.6(C)(2), Restrictions on Outside Usage: Outside Storage. Section 5. That Section 4.4.26 "Light Industrial", Subsection 4.4.26 (D) "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (1)Rental and Sales of Modular Structures. (2)Food preparation and/or processing including bakeries and catering operations. (3)Principal Uses which require the storage and/or use of regulated substances in a manner other than allowed under Subsection (B). (4)Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in 4.3.3 (A). Section 6.That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7.That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 6 Ord No. 15 - 16 Section 8.That this Ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this ______ day of ____________________________, 2016. _______ Mayor ATTEST: City Clerk First Reading Second Reading City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-485,Version:1 TO:Mayor and Commissioners FROM:Tim Stillings, Director of Planning and Zoning THROUGH:Donald B. Cooper, City Manager DATE:September 8, 2016 ORDINANCE NO.15-16:AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.3.3,SPECIAL REQUIREMENTS FOR SPECIFIC USES,SUBSECTION (A),SELF-SERVICE STORAGE FACILITIES,TO REVISE THE ASSOCIATED SPECIAL REQUIREMENTS;AMEND SECTION 4.4.26 LIGHT INDUSTRIAL (LI) DISTRICT,SUBSECTION (B),PRINCIPAL USES AND STRUCTURES PERMITTED,TO LIST SELF -SERVICE STORAGE FACILITIES AS A PERMITTED USE;AND SUBSECTION (D), CONDITIONAL USES AND STRUCTURES ALLOWED,TO REMOVE SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE. (SECOND READING) Recommended Action: Approve Ordinance No.15-16 on Second Reading for the amendments to Land Development Regulation Sections 4.3.3(A), Self-Service Storage Facilities, and 4.4.26, Light Industrial District. Background: The item before the City Commission is to consider privately-initiated amendments to LDR Section 4.3.3(A),Special Requirements for Specific Uses,Self-Service Storage Facilities,and LDR Section 4.4.26, Light Industrial District. The proposed revisions to Section 4.4.26 remove Self-Service Storage Facilities as a Conditional Use within the LI zoning district,and list it as a Permitted Use.The revisions to Section 4.3.3(A), revise the current provisions for Self-Storage Service Facilities (SSSF)and add additional regulations.The intent of these revisions is to accommodate current trends for multi-story,air- conditioned storage buildings,whereas the existing regulations only accommodate single-story storage facilities accessed from the exterior. At the City Commission meeting of July 5,2016,the Ordinance was continued to a new First Reading for August 16,2016.However,concerns were noted regarding the proximity of the SSSF use to residential zoning,and whether the district would be impacted by multiple SSSFs,which do not provide many jobs,when compared to the amount of land they require and in contrast to other permitted uses within the zoning district.In response to these noted concerns,the applicant has requested that the 750’separation requirement be placed back in the Ordinance after removal was recommended by the Planning and Zoning Board.The separation distance is established by applying a 750’radius around the parcel with the SSSF,and overlapping parcels would then be ineligible.The SSSFs are presently permitted as a Conditional Use and could be located adjacent to residential zoning (Multi-Family Residential,Medium Density-RM);however,the minimum lot size requirement for this use is 2 acres,which further limits the amount of SSSFs in this district,unless a property City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-485,Version:1 owner aggregates multiple parcels. At the City Commission meeting of August 16,2016,the Ordinance was approved on a 4-1 vote (Jacquet dissenting),with the provision that the height be lowered to two-stories to address concerns regarding the potential impact on adjacent residentially zoned properties.The applicant has revised the request to limit the height to two-stories or 30’,which is lower than the maximum height permitted for the adjacent multi-family residential zoning districts.Additionally,the Groves of Delray,a multi- family residential development to the east of the southern LI section,consists of two-stories and measures approximately 24’in height.Village Square at Delray,which is located to the east of the northern LI section, consists of three stories measuring approximately 35’ in height. A courtesy notice prior to the Planning and Zoning Board meeting was mailed to the representative of the adjacent Homeowner Associations, and additional notices were mailed prior to Second Reading. The complete outline of the proposed amendments is provided in the attached Planning and Zoning Board Staff Report from the meeting of May 16, 2016. Review by Others At its meeting of May 16,2016,the Planning and Zoning Board recommended approval of Ordinance No.15-16 with a vote of 4 to 1 (Louis Smith dissenting;Joe Pike stepped down;Robin Byrd Absent). The Board eliminated the proposed requirement for a 750’ distance separation between facilities. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ Compassionate Medical Cannabis Act Dispensing Regions Approved Dispensing Organization Northwest Northeast Central Southwest Southeast Gadsden Alachua Orange Miami-Dade Hillsborough Gainesville 8/18/2016 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?App_m ode=Display_Statute&Search_Str ing=&URL=03000399/0381/Sections/0381.986.html 1/8 Select Year: 2016 Go The 2016 Florida Statutes Title XXIX PUBLIC HEALTH Chapter 381 PUBLIC HEALTH: GENERAL PROVISIONS View Entire Chapter 381.986 Compassio nate use of lo w‐THC and medical cannabis.— (1) DEFINITION S.—As used in this section, the term: (a) “Cannabis deliv ery device” means an object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introduc ing low‐THC cannabis or medical cannabis into the human body. (b) “Dispensing organization” means an organization approv ed by the department to cultiv ate, proc ess, transport, and dispense low‐THC cannabis or medical c annabis pursuant to this section. (c) “Independent testing laboratory” means a laboratory, including the managers, employees, or contrac tors of the laboratory, which has no direct or indirec t interest in a dispensing organization. (d) “Legal representative” means the qualified patient’s parent, legal guardian ac ting pursuant to a court’s authorization as required under s. 744.3215(4), health c are surrogate acting pursuant to the qualified patient’s written consent or a c ourt’s authorization as required under s. 765.113, or an indiv idual who is authorized under a power of attorney to make health care dec isions on behalf of the qualified patient. (e) “Low‐THC cannabis” means a plant of the genus Cannabis, the dried flowers of which contain 0.8 perc ent or less of tetrahydroc annabinol and more than 10 perc ent of c annabidiol weight for weight; the seeds thereof; the resin extrac ted from any part of such plant; or any c ompound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization. (f) “Medical cannabis” means all parts of any plant of the genusCannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufac ture, sale, deriv ativ e, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing organization for medic al use by an eligible patient as defined in s. 499.0295. (g) “Medical use” means administration of the ordered amount of low‐THC cannabis or medical c annabis. The term does not include the: 1. Possession, use, or administration of low‐THC cannabis or medical cannabis by smoking. 2. Transfer of low‐THC c annabis or medical cannabis to a person other than the qualified patient for whom it was ordered or the qualified patient’s legal representative on behalf of the qualified patient. 3. Use or administration of low‐THC cannabis or medical c annabis: a. On any form of public transportation. b. In any public place. c. In a qualified patient’s place of employment, if restricted by his or her employer. d. In a state correc tional institution as defined in s. 944.02 or a c orrec tional institution as defined in s. 944.241. 8/18/2016 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?App_m ode=Display_Statute&Search_Str ing=&URL=03000399/0381/Sections/0381.986.html 2/8 e. On the grounds of a presc hool, primary school, or sec ondary school. f. On a sc hool bus or in a v ehic le, aircraft, or motorboat. (h) “Qualified patient” means a resident of this state who has been added to the compassionate use registry by a phy sic ian licensed under chapter 458 or chapter 459 to receiv e low‐THC cannabis or medical c annabis from a dispensing organization. (i) “Smoking” means burning or igniting a substanc e and inhaling the smoke. Smoking does not inc lude the use of a v aporizer. (2) PHYSICIAN ORDERING.—A phy sic ian is authorized to order low‐THC cannabis to treat a qualified patient suffering from cancer or a physical medic al condition that chronically produc es symptoms of seizures or severe and persistent muscle spasms; order low‐THC cannabis to allev iate symptoms of suc h disease, disorder, or condition, if no other satisfac tory alternativ e treatment options exist for the qualified patient; order medical cannabis to treat an eligible patient as defined in s. 499.0295; or order a cannabis delivery dev ice for the medic al use of low‐THC c annabis or medical cannabis, only if the physician: (a) Holds an ac tiv e, unrestricted license as a physician under chapter 458 or an osteopathic phy sic ian under chapter 459; (b) Has treated the patient for at least 3 months immediately prec eding the patient’s registration in the compassionate use registry ; (c) Has suc cessfully c ompleted the course and examination required under paragraph (4)(a); (d) Has determined that the risks of treating the patient with low‐THC cannabis or medic al c annabis are reasonable in light of the potential benefit to the patient. If a patient is younger than 18 years of age, a second physician must concur with this determination, and such determination must be documented in the patient’s medical record; (e) Registers as the orderer of low‐THC c annabis or medical cannabis for the named patient on the c ompassionate use registry maintained by the department and updates the registry to reflec t the c ontents of the order, including the amount of low‐THC cannabis or medical cannabis that will prov ide the patient with not more than a 45‐day supply and a cannabis deliv ery device needed by the patient for the medic al use of low‐THC cannabis or medical cannabis. The physician must also update the registry within 7 day s after any change is made to the original order to reflec t the c hange. The physician shall deactiv ate the registration of the patient and the patient’s legal representativ e when treatment is discontinued; (f) Maintains a patient treatment plan that includes the dose, route of administration, planned duration, and monitoring of the patient’s symptoms and other indicators of tolerance or reaction to the low‐THC cannabis or medical cannabis; (g) Submits the patient treatment plan quarterly to the Univ ersity of Florida College of Pharmacy for researc h on the safety and efficacy of low‐THC cannabis and medical cannabis on patients; (h) Obtains the v oluntary written informed consent of the patient or the patient’s legal representativ e to treatment with low‐THC cannabis after sufficiently explaining the c urrent state of knowledge in the medical community of the effectiv eness of treatment of the patient’s condition with low‐THC cannabis, the medic ally ac c eptable alternatives, and the potential risks and side effects; (i) Obtains written informed consent as defined in and required under s. 499.0295, if the physician is ordering medical cannabis for an eligible patient pursuant to that section; and (j) Is not a medical director employed by a dispensing organization. (3) PEN ALTIES.— (a) A physician commits a misdemeanor of the first degree, punishable as prov ided in s. 775.082 or s. 775.083, if the physician orders low‐THC cannabis for a patient without a reasonable belief that the patient is suffering from: 1. Cancer or a physical medical c ondition that chronic ally produces sy mptoms of seizures or sev ere and persistent muscle spasms that can be treated with low‐THC cannabis; or 8/18/2016 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?App_m ode=Display_Statute&Search_Str ing=&URL=03000399/0381/Sections/0381.986.html 3/8 2. Symptoms of cancer or a physical medical c ondition that chronic ally produces sy mptoms of seizures or sev ere and persistent muscle spasms that can be alleviated with low‐THC cannabis. (b) A physician commits a misdemeanor of the first degree, punishable as prov ided in s. 775.082 or s. 775.083, if the physician orders medic al cannabis for a patient without a reasonable belief that the patient has a terminal condition as defined in s. 499.0295. (c) A person who fraudulently represents that he or she has cancer, a phy sic al medical condition that chronically produces symptoms of seizures or sev ere and persistent musc le spasms, or a terminal condition to a phy sician for the purpose of being ordered low‐THC c annabis, medical c annabis, or a cannabis delivery dev ice by such physician commits a misdemeanor of the first degree, punishable as prov ided in s. 775.082 or s. 775.083. (d) An eligible patient as defined in s. 499.0295 who uses medic al cannabis, and such patient’s legal representativ e who administers medic al cannabis, in plain view of or in a place open to the general public, on the grounds of a school, or in a school bus, v ehicle, aircraft, or motorboat, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (e) A physician who orders low‐THC c annabis, medical cannabis, or a cannabis deliv ery dev ice and receives compensation from a dispensing organization related to the ordering of low‐THC cannabis, medical cannabis, or a cannabis delivery dev ice is subject to disciplinary action under the applicable practice act and s. 456.072(1)(n). (4) PHYSICIAN EDUCATION.— (a) Before ordering low‐THC cannabis, medic al cannabis, or a c annabis delivery devic e for medical use by a patient in this state, the appropriate board shall require the ordering phy sic ian to successfully complete an 8‐hour course and subsequent examination offered by the Florida Medical Association or the Florida Osteopathic Medical Association that encompasses the clinic al indications for the appropriate use of low‐THC cannabis and medical cannabis, the appropriate cannabis delivery dev ices, the contraindic ations for suc h use, and the relev ant state and federal laws governing the ordering, dispensing, and possessing of these substances and devic es. The c ourse and examination shall be administered at least annually. Succ essful completion of the course may be used by a phy sic ian to satisfy 8 hours of the c ontinuing medical education requirements required by his or her respec tiv e board for licensure renewal. This course may be offered in a distance learning format. (b) The appropriate board shall require the medic al director of each dispensing organization to hold an active, unrestricted license as a physician under chapter 458 or as an osteopathic physician under c hapter 459 and succ essfully complete a 2‐hour course and subsequent examination offered by the Florida Medic al Assoc iation or the Florida Osteopathic Medical Association that encompasses appropriate safety procedures and knowledge of low‐THC c annabis, medical c annabis, and c annabis delivery devic es. (c) Suc cessful completion of the course and examination specified in paragraph (a) is required for ev ery physician who orders low‐THC c annabis, medical c annabis, or a cannabis deliv ery device each time suc h phy sician renews his or her license. In addition, successful c ompletion of the c ourse and examination specified in paragraph (b) is required for the medical direc tor of each dispensing organization each time such physician renews his or her license. (d) A physician who fails to comply with this subsection and who orders low‐THC c annabis, medical cannabis, or a cannabis deliv ery dev ice may be subject to disciplinary action under the applicable practice act and under s. 456.072(1)(k). (5) DUTIES OF THE DEPARTMEN T.—The department shall: (a) Create and maintain a sec ure, electronic, and online compassionate use registry for the registration of physicians, patients, and the legal representatives of patients as provided under this section. The registry must be accessible to law enforcement agenc ies and to a dispensing organization to verify the authorization of a patient or a patient’s legal representative to possess low‐THC cannabis, medic al cannabis, or a c annabis deliv ery devic e and 8/18/2016 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?App_m ode=Display_Statute&Search_Str ing=&URL=03000399/0381/Sections/0381.986.html 4/8 rec ord the low‐THC c annabis, medical cannabis, or c annabis delivery device dispensed. The registry must prevent an active registration of a patient by multiple phy sicians. (b) Authorize the establishment of fiv e dispensing organizations to ensure reasonable statewide accessibility and availability as necessary for patients registered in the compassionate use registry and who are ordered low‐THC cannabis, medical cannabis, or a cannabis delivery dev ice under this section, one in each of the following regions: northwest Florida, northeast Florida, c entral Florida, southeast Florida, and southwest Florida. The department shall dev elop an applic ation form and impose an initial application and biennial renewal fee that is sufficient to cover the costs of administering this section. An applicant for approv al as a dispensing organization must be able to demonstrate: 1. The technical and technological ability to c ultiv ate and produce low‐THC c annabis. The applicant must possess a valid c ertificate of registration issued by the Department of Agriculture and Consumer Servic es pursuant to s. 581.131 that is issued for the c ultivation of more than 400,000 plants, be operated by a nursery man as defined in s. 581.011, and have been operated as a registered nursery in this state for at least 30 continuous y ears. 2. The ability to sec ure the premises, resourc es, and personnel necessary to operate as a dispensing organization. 3. The ability to maintain accountability of all raw materials, finished products, and any byproducts to prevent diversion or unlawful access to or possession of these substances. 4. An infrastructure reasonably loc ated to dispense low‐THC cannabis to registered patients statewide or regionally as determined by the department. 5. The financial ability to maintain operations for the duration of the 2‐y ear approv al c ycle, including the prov ision of c ertified financials to the department. Upon approv al, the applic ant must post a $5 million performanc e bond. Howev er, upon a dispensing organization’s serv ing at least 1,000 qualified patients, the dispensing organization is only required to maintain a $2 million performance bond. 6. That all owners and managers have been fingerprinted and hav e suc c essfully passed a lev el 2 background screening pursuant to s. 435.04. 7. The employment of a medic al director to superv ise the activities of the dispensing organization. (c) Upon the registration of 250,000 activ e qualified patients in the compassionate use registry, approve three dispensing organizations, including, but not limited to, an applic ant that is a recognized class member of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Far mer s Litig., 856 F. Supp. 2d 1 (D.D.C. 2011), and a member of the Blac k Farmers and Agriculturalists Association, which must meet the requirements of subparagraphs (b)2.‐7. and demonstrate the tec hnical and technological ability to cultiv ate and produce low‐THC cannabis. (d) Allow a dispensing organization to make a wholesale purc hase of low‐THC cannabis or medical cannabis from, or a distribution of low‐THC cannabis or medical c annabis to, another dispensing organization. (e) Monitor phy sician registration and ordering of low‐THC cannabis, medical cannabis, or a cannabis delivery dev ice for ordering practices that could fac ilitate unlawful diversion or misuse of low‐THC c annabis, medical cannabis, or a cannabis delivery dev ice and take disciplinary ac tion as indicated. (6) DISPENSIN G ORGAN IZATION.—An approv ed dispensing organization must, at all times, maintain compliance with the criteria demonstrated for selection and approv al as a dispensing organization under subsection (5) and the criteria required in this subsection. (a) When growing low‐THC cannabis or medical c annabis, a dispensing organization: 1. May use pesticides determined by the department, after consultation with the Department of Agriculture and Consumer Servic es, to be safely applied to plants intended for human consumption, but may not use pesticides designated as restricted‐use pestic ides pursuant to s. 487.042. 2. Must grow low‐THC cannabis or medical cannabis within an enclosed structure and in a room separate from any other plant. 3. Must inspect seeds and growing plants for plant pests that endanger or threaten the horticultural and agric ultural interests of the state, notify the Department of Agric ulture and Consumer Serv ices within 10 calendar day s after a determination that a plant is infested or infected by suc h plant pest, and implement and maintain phytosanitary polic ies and procedures. 8/18/2016 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?App_m ode=Display_Statute&Search_Str ing=&URL=03000399/0381/Sections/0381.986.html 5/8 4. Must perform fumigation or treatment of plants, or the remov al and destruc tion of infested or infec ted plants, in accordance with chapter 581 and any rules adopted thereunder. (b) When processing low‐THC cannabis or medic al cannabis, a dispensing organization must: 1. Proc ess the low‐THC cannabis or medical cannabis within an enclosed structure and in a room separate from other plants or produc ts. 2. Test the processed low‐THC c annabis and medic al cannabis before they are dispensed. Results must be verified and signed by two dispensing organization employ ees. Before dispensing low‐THC cannabis, the dispensing organization must determine that the test results indicate that the low‐THC cannabis meets the definition of low‐THC cannabis and, for medical cannabis and low‐THC c annabis, that all medical cannabis and low‐THC cannabis is safe for human consumption and free from contaminants that are unsafe for human c onsumption. The dispensing organization must retain records of all testing and samples of each homogenous batc h of cannabis and low‐THC cannabis for at least 9 months. The dispensing organization must contrac t with an independent testing laboratory to perform audits on the dispensing organization’s standard operating procedures, testing records, and samples and prov ide the results to the department to confirm that the low‐THC cannabis or medic al cannabis meets the requirements of this sec tion and that the medical cannabis and low‐THC cannabis is safe for human consumption. 3. Package the low‐THC cannabis or medical c annabis in c omplianc e with the United States Poison Prev ention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq. 4. Package the low‐THC cannabis or medical c annabis in a rec eptacle that has a firmly affixed and legible label stating the following information: a. A statement that the low‐THC cannabis or medical cannabis meets the requirements of subparagraph 2.; b. The name of the dispensing organization from which the medical cannabis or low‐THC cannabis originates; and c. The batch number and harvest number from whic h the medic al cannabis or low‐THC c annabis originates. 5. Reserv e two proc essed samples from each batch and retain such samples for at least 9 months for the purpose of testing pursuant to the audit required under subparagraph 2. (c) When dispensing low‐THC c annabis, medical cannabis, or a cannabis deliv ery dev ice, a dispensing organization: 1. May not dispense more than a 45‐day supply of low‐THC cannabis or medical c annabis to a patient or the patient’s legal representativ e. 2. Must hav e the dispensing organization’s employee who dispenses the low‐THC cannabis, medical c annabis, or a cannabis deliv ery devic e enter into the compassionate use registry his or her name or unique employee identifier. 3. Must verify in the compassionate use registry that a physic ian has ordered the low‐THC cannabis, medical c annabis, or a specific type of a c annabis deliv ery dev ice for the patient. 4. May not dispense or sell any other type of cannabis, alcohol, or illic it drug‐related product, including pipes, bongs, or wrapping papers, other than a physician‐ordered cannabis delivery dev ice required for the medic al use of low‐THC cannabis or medical cannabis, while dispensing low‐THC c annabis or medical c annabis. 5. Must verify that the patient has an ac tiv e registration in the compassionate use registry, the patient or patient’s legal representativ e holds a valid and active registration c ard, the order presented matches the order c ontents as recorded in the registry, and the order has not already been filled. 6. Must, upon dispensing the low‐THC cannabis, medical cannabis, or cannabis deliv ery device, record in the registry the date, time, quantity, and form of low‐THC cannabis or medical cannabis dispensed and the type of c annabis deliv ery devic e dispensed. (d) To ensure the safety and security of its premises and any off‐site storage fac ilities, and to maintain adequate controls against the div ersion, theft, and loss of low‐THC c annabis, medical cannabis, or c annabis deliv ery devic es, a dispensing organization shall: 8/18/2016 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?App_m ode=Display_Statute&Search_Str ing=&URL=03000399/0381/Sections/0381.986.html 6/8 1.a. Maintain a fully operational sec urity alarm system that secures all entry points and perimeter windows and is equipped with motion detectors; pressure switches; and duress, panic , and hold‐up alarms; or b. Maintain a v ideo surveillance system that rec ords continuously 24 hours eac h day and meets at least one of the following criteria: (I) Cameras are fixed in a place that allows for the clear identification of persons and activities in controlled areas of the premises. Controlled areas inc lude grow rooms, processing rooms, storage rooms, disposal rooms or areas, and point‐of‐sale rooms; (II) Cameras are fixed in entrances and exits to the premises, whic h shall record from both indoor and outdoor, or ingress and egress, vantage points; (III) Rec orded images must clearly and accurately display the time and date; or (IV) Retain video surveillance recordings for a minimum of 45 day s or longer upon the request of a law enforc ement agency. 2. Ensure that the organization’s outdoor premises hav e sufficient lighting from dusk until dawn. 3. Establish and maintain a tracking system approv ed by the department that traces the low‐THC cannabis or medical cannabis from seed to sale. The tracking sy stem shall include notific ation of key events as determined by the department, including when cannabis seeds are planted, when c annabis plants are harv ested and destroy ed, and when low‐THC cannabis or medical cannabis is transported, sold, stolen, div erted, or lost. 4. Not dispense from its premises low‐THC c annabis, medical cannabis, or a cannabis deliv ery dev ice between the hours of 9 p.m. and 7 a.m., but may perform all other operations and deliv er low‐THC cannabis and medical cannabis to qualified patients 24 hours each day. 5. Store low‐THC c annabis or medical cannabis in a secured, locked room or a v ault. 6. Require at least two of its employees, or two employ ees of a sec urity agency with whom it contracts, to be on the premises at all times. 7. Require eac h employ ee to wear a photo identific ation badge at all times while on the premises. 8. Require eac h v isitor to wear a v isitor’s pass at all times while on the premises. 9. Implement an alc ohol and drug‐free workplace policy. 10. Report to local law enforcement within 24 hours after it is notified or becomes aware of the theft, diversion, or loss of low‐THC cannabis or medical c annabis. (e) To ensure the safe transport of low‐THC cannabis or medical cannabis to dispensing organization facilities, independent testing laboratories, or patients, the dispensing organization must: 1. Maintain a transportation manifest, which must be retained for at least 1 year. 2. Ensure only vehic les in good working order are used to transport low‐THC cannabis or medical cannabis. 3. Lock low‐THC cannabis or medical cannabis in a separate compartment or container within the v ehicle. 4. Require at least two persons to be in a vehicle transporting low‐THC c annabis or medic al cannabis, and require at least one person to remain in the vehicle while the low‐THC cannabis or medic al cannabis is being deliv ered. 5. Prov ide specific safety and sec urity training to employ ees transporting or delivering low‐THC cannabis or medical cannabis. (7) DEPARTMEN T AUTHORITY AN D RESPONSIB ILITIES.— (a) The department may conduc t announced or unannounced inspec tions of dispensing organizations to determine c ompliance with this section or rules adopted pursuant to this section. (b) The department shall inspect a dispensing organization upon complaint or notice prov ided to the department that the dispensing organization has dispensed low‐THC cannabis or medic al c annabis c ontaining any mold, bacteria, or other contaminant that may cause or has caused an adv erse effect to human health or the env ironment. 8/18/2016 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?App_m ode=Display_Statute&Search_Str ing=&URL=03000399/0381/Sections/0381.986.html 7/8 (c) The department shall conduct at least a biennial inspection of each dispensing organization to evaluate the dispensing organization’s rec ords, personnel, equipment, processes, security measures, sanitation practices, and quality assurance prac tic es. (d) The department may enter into interagency agreements with the Department of Agriculture and Consumer Servic es, the Department of B usiness and Professional Regulation, the Department of Transportation, the Department of Highway Safety and Motor Vehicles, and the Agency for Health Care Administration, and such agencies are authorized to enter into an interagency agreement with the department, to conduct inspections or perform other responsibilities assigned to the department under this section. (e) The department must make a list of all approved dispensing organizations and qualified ordering physicians and medical directors publicly av ailable on its website. (f) The department may establish a system for issuing and renewing registration cards for patients and their legal representatives, establish the circumstances under which the cards may be revoked by or must be returned to the department, and establish fees to implement such sy stem. The department must require, at a minimum, the registration cards to: 1. Prov ide the name, address, and date of birth of the patient or legal representativ e. 2. Have a full‐fac e, passport‐type, color photograph of the patient or legal representativ e taken within the 90 days immediately preceding registration. 3. Identify whether the cardholder is a patient or legal representative. 4. List a unique numeric identifier for the patient or legal representative that is matched to the identifier used for suc h person in the department’s compassionate use registry. 5. Prov ide the expiration date, whic h shall be 1 y ear after the date of the physician’s initial order of low‐THC cannabis or medical cannabis. 6. For the legal representative, prov ide the name and unique numeric identifier of the patient that the legal representativ e is assisting. 7. Be resistant to c ounterfeiting or tampering. (g) The department may impose reasonable fines not to exceed $10,000 on a dispensing organization for any of the following violations: 1. Violating this sec tion, s. 499.0295, or department rule. 2. Failing to maintain qualifications for approv al. 3. Endangering the health, safety, or security of a qualified patient. 4. Improperly disclosing personal and c onfidential information of the qualified patient. 5. Attempting to proc ure dispensing organization approv al by bribery, fraudulent misrepresentation, or extortion. 6. Being conv icted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdic tion whic h directly relates to the business of a dispensing organization. 7. Making or filing a report or rec ord that the dispensing organization knows to be false. 8. Willfully failing to maintain a record required by this section or department rule. 9. Willfully impeding or obstruc ting an employee or agent of the department in the furtherance of his or her offic ial duties. 10. Engaging in fraud or dec eit, negligence, inc ompetence, or misc onduct in the business practices of a dispensing organization. 11. Making misleading, deceptiv e, or fraudulent representations in or related to the business practices of a dispensing organization. 12. Having a license or the authority to engage in any regulated profession, occupation, or business that is related to the business practices of a dispensing organization suspended, revoked, or otherwise acted against by the licensing authority of any jurisdic tion, including its agencies or subdivisions, for a violation that would constitute a v iolation under Florida law. 8/18/2016 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/statutes/index.cfm?App_m ode=Display_Statute&Search_Str ing=&URL=03000399/0381/Sections/0381.986.html 8/8 13. Violating a lawful order of the department or an agency of the state, or failing to c omply with a lawfully issued subpoena of the department or an agenc y of the state. (h) The department may suspend, rev oke, or refuse to renew a dispensing organization’s approv al if a dispensing organization commits any of the violations in paragraph (g). (i) The department shall renew the approval of a dispensing organization biennially if the dispensing organization meets the requirements of this section and pays the biennial renewal fee. (j) The department may adopt rules nec essary to implement this section. (8) PREEMPTION .— (a) All matters regarding the regulation of the c ultivation and processing of medic al cannabis or low‐THC c annabis by dispensing organizations are preempted to the state. (b) A municipality may determine by ordinance the c riteria for the number and location of, and other permitting requirements that do not conflict with state law or department rule for, dispensing facilities of dispensing organizations located within its municipal boundaries. A county may determine by ordinance the criteria for the number, location, and other permitting requirements that do not conflic t with state law or department rule for all dispensing fac ilities of dispensing organizations loc ated within the uninc orporated areas of that c ounty. (9) EXCEPTIONS TO OTHER LAWS.— (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other prov ision of law, but subject to the requirements of this section, a qualified patient and the qualified patient’s legal representative may purc hase and possess for the patient’s medical use up to the amount of low‐THC cannabis or medical cannabis ordered for the patient, but not more than a 45‐day supply, and a cannabis delivery dev ice ordered for the patient. (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other prov ision of law, but subject to the requirements of this section, an approv ed dispensing organization and its owners, managers, and employees may manufac ture, possess, sell, deliv er, distribute, dispense, and lawfully dispose of reasonable quantities, as established by department rule, of low‐THC cannabis, medical cannabis, or a cannabis delivery dev ice. For purposes of this subsection, the terms “manufacture,” “possession,” “deliv er,” “distribute,” and “dispense” hav e the same meanings as prov ided in s. 893.02. (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other prov ision of law, but subject to the requirements of this section, an approv ed independent testing laboratory may possess, test, transport, and lawfully dispose of low‐THC cannabis or medic al cannabis as prov ided by department rule. (d) An approv ed dispensing organization and its owners, managers, and employees are not subjec t to lic ensure or regulation under chapter 465 or chapter 499 for manufacturing, possessing, selling, delivering, distributing, dispensing, or lawfully disposing of reasonable quantities, as established by department rule, of low‐THC c annabis, medical cannabis, or a cannabis deliv ery device. (e) An approv ed dispensing organization that continues to meet the requirements for approv al is presumed to be registered with the department and to meet the regulations adopted by the department or its successor agency for the purpose of dispensing medical cannabis or low‐THC cannabis under Florida law. Additionally, the authority prov ided to a dispensing organization in s. 499.0295 does not impair the approval of a dispensing organization. (f) This subsection does not exempt a person from prosecution for a c riminal offense related to impairment or intoxication resulting from the medical use of low‐THC cannabis or medical cannabis or relieve a person from any requirement under law to submit to a breath, blood, urine, or other test to detect the presence of a c ontrolled substance. History.—s. 2, ch. 2014‐157; s. 1, ch. 2016‐123; s. 24, ch. 2016‐145. Copyright © 1995‐2016 The Fl orida Legisl ature • Privacy State ment • Contact Us ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 1 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1 An act relating to the medical use of cannabis; 2 amending s. 381.986, F.S.; providing and revising 3 definitions; revising requirements for physicians 4 ordering low-THC cannabis, medical cannabis, or a 5 cannabis delivery device; revising the information a 6 physician must update on the registry; requiring a 7 physician to update the registry within a specified 8 timeframe; requiring a physician to obtain certain 9 written consent; providing that a physician commits a 10 misdemeanor of the first degree under certain 11 circumstances; providing that an eligible patient who 12 uses medical cannabis, and such patient's legal 13 representative, who administers medical cannabis in 14 specified prohibited locations commits a misdemeanor 15 of the first degree; providing that a physician who 16 orders low-THC cannabis or medical cannabis and 17 receives related compensation from a dispensing 18 organization is subject to disciplinary action; 19 revising requirements relating to physician education; 20 providing that the appropriate board must require the 21 medical director of each dispensing organization to 22 hold a certain license; revising the information that 23 the Department of Health is required to include in its 24 online compassionate use registry; revising 25 performance bond requirements for certain dispensing 26 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 2 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S organizations; requiring the department to approve 27 three dispensing organizations, including specified 28 applicants, under certain circumstances; providing 29 requirements for the three dispensing organizations; 30 requiring the department to allow a dispensing 31 organization to make certain wholesale purchases from 32 or distributions to another dispensing organization; 33 revising standards to be met and maintained by 34 dispensing organizations; authorizing dispensing 35 organizations to use certain pesticides after 36 consultation with the Department of Agriculture and 37 Consumer Services; providing requirements for 38 dispensing organizations when they are growing and 39 processing low-THC cannabis or medical cannabis; 40 requiring dispensing organizations to inspect seeds 41 and growing plants for certain pests and perform 42 certain fumigation and treatment of plants; providing 43 that dispensing organizations may not dispense low-THC 44 cannabis and medical cannabis unless they meet certain 45 testing requirements; requiring dispensing 46 organizations to maintain certain records; requiring 47 dispensing organizations to contract with an 48 independent testing laboratory to perform certain 49 audits; providing packaging requirements for low-THC 50 and medical cannabis; requiring dispensing 51 organizations to retain certain samples for specified 52 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 3 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S purposes; providing delivery requirements for 53 dispensing organizations when dispensing low-THC 54 cannabis and medical cannabis; providing certain 55 safety and security requirements for dispensing 56 organizations; providing certain safety and security 57 requirements for the transport of low-THC cannabis and 58 medical cannabis; authorizing the department to 59 conduct certain inspections; providing inspection 60 requirements; authorizing the department to enter into 61 certain interagency agreements; requiring the 62 department to make certain information available on 63 its website; authorizing the department to establish a 64 system for issuing and renewing registration cards; 65 providing requirements for the registration cards; 66 authorizing the department to impose certain fines; 67 authorizing the department to suspend, revoke, or 68 refuse to renew a dispensing organization's approval 69 under certain circumstances; requiring the department 70 to renew the dispensing organization biennially under 71 certain conditions; providing applicability; 72 authorizing an approved independent testing laboratory 73 to possess, test, transport, and lawfully dispose of 74 low-THC cannabis or medical cannabis by department 75 rule ; providing that a dispensing organization is 76 presumed to be registered with the department under 77 certain circumstances; providing that a person is not 78 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 4 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S exempt from prosecution for certain offenses and is 79 not relieved from certain requirements of law under 80 certain circumstances; amending s. 499.0295, F.S.; 81 revising definitions; authorizing certain 82 manufacturers to dispense cannabis delivery devices; 83 requiring the department to authorize certain 84 dispensing organizations or applicants to provide low-85 THC cannabis, medical cannabis, and cannabis delivery 86 devices to eligible patients; providing for dispensing 87 organizations or applicants meeting specified criteria 88 to be granted authorization to cultivate certain 89 cannabis and operate as dispensing organizations; 90 requiring the department to grant approval as a 91 dispensing organization to certain qualified 92 applicants by a specified date; authorizing two 93 dispensing organizations in the same region under 94 certain circumstances; authorizing the Department of 95 Health to enforce certain rules; providing 96 applicability; authorizing certain colleges and 97 universities to conduct certain cannabis research; 98 providing an effective date. 99 100 Be It Enacted by the Legislature of the State of Florida: 101 102 Section 1. Section 381.986, Florida Statutes, is amended 103 to read: 104 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 5 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 381.986 Compassionate use of low-THC and medical 105 cannabis.— 106 (1) DEFINITIONS.—As used in this section, the term: 107 (a) "Cannabis delivery device" means an object used, 108 intended for use, or designed for use in preparing, storing, 109 ingesting, inhaling, or otherwise introducing low-THC cannabis 110 or medical cannabis into the human body. 111 (b)(a) "Dispensing organization" means an organization 112 approved by the department to cultivate, process, transport, and 113 dispense low-THC cannabis or medical cannabis pursuant to this 114 section. 115 (c) "Independent testing laboratory" means a laboratory, 116 including the managers, employees, or contractors of the 117 laboratory, which has no direct or indirect interest in a 118 dispensing organization. 119 (d) "Legal representative" means the qualified patient's 120 parent, legal guardian acting pursuant to a court's 121 authorization as required under s. 744.3215(4), health care 122 surrogate acting pursuant to the qualified patient's written 123 consent or a court's authorization as required under s. 765.113, 124 or an individual who is authorized under a power of attorney to 125 make health care decisions on behalf of the qualified patient. 126 (e)(b) "Low-THC cannabis" means a plant of the genus 127 Cannabis, the dried flowers of which contain 0.8 percent or less 128 of tetrahydrocannabinol and more than 10 percent of cannabidiol 129 weight for weight; the seeds thereof; the resin extracted from 130 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 6 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S any part of such plant; or any compound, manufacture, salt, 131 derivative, mixture, or preparation of such plant or its seeds 132 or resin that is dispensed only from a dispensing organization. 133 (f) "Medical cannabis" means all parts of any plant of the 134 genus Cannabis, whether growing or not; the seeds thereof; the 135 resin extracted from any part of the plant; and every compound, 136 manufacture, sale, derivative, mixture, or preparation of the 137 plant or its seeds or resin that is dispensed only from a 138 dispensing organization for medical use by an eligible patient 139 as defined in s. 499.0295. 140 (g)(c) "Medical use" means administration of the ordered 141 amount of low-THC cannabis or medical cannabis. The term does 142 not include the: 143 1. Possession, use, or administration of low-THC cannabis 144 or medical cannabis by smoking. 145 2. The term also does not include the Transfer of low-THC 146 cannabis or medical cannabis to a person other than the 147 qualified patient for whom it was ordered or the qualified 148 patient's legal representative on behalf of the qualified 149 patient. 150 3. Use or administration of low-THC cannabis or medical 151 cannabis: 152 a. On any form of public transportation. 153 b. In any public place. 154 c. In a qualified patient's place of employment, if 155 restricted by his or her employer. 156 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 7 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S d. In a state correctional institution as defined in s. 157 944.02 or a correctional institution as defined in s. 944.241. 158 e. On the grounds of a preschool, primary school, or 159 secondary school. 160 f. On a school bus or in a vehicle, aircraft, or 161 motorboat. 162 (h)(d) "Qualified patient" means a resident of this state 163 who has been added to the compassionate use registry by a 164 physician licensed under chapter 458 or chapter 459 to receive 165 low-THC cannabis or medical cannabis from a dispensing 166 organization. 167 (i)(e) "Smoking" means burning or igniting a substance and 168 inhaling the smoke. Smoking does not include the use of a 169 vaporizer. 170 (2) PHYSICIAN ORDERING.—Effective January 1, 2015, A 171 physician is authorized to order licensed under chapter 458 or 172 chapter 459 who has examined and is treating a patient suffering 173 from cancer or a physical medical condition that chronically 174 produces symptoms of seizures or severe and persistent muscle 175 spasms may order for the patient's medical use low-THC cannabis 176 to treat a qualified patient suffering from cancer or a physical 177 medical condition that chronically produces symptoms of seizures 178 or severe and persistent muscle spasms; order low-THC cannabis 179 such disease, disorder, or condition or to alleviate symptoms of 180 such disease, disorder, or condition, if no other satisfactory 181 alternative treatment options exist for the qualified that 182 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 8 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S patient; order medical cannabis to treat an eligible patient as 183 defined in s. 499.0295; or order a cannabis delivery device for 184 the medical use of low-THC cannabis or medical cannabis, only if 185 the physician and all of the following conditions apply: 186 (a) Holds an active, unrestricted license as a physician 187 under chapter 458 or an osteopathic physician under chapter 459; 188 (b) Has treated the patient for at least 3 months 189 immediately preceding the patient's registration in the 190 compassionate use registry; 191 (c) Has successfully completed the course and examination 192 required under paragraph (4)(a); 193 (a) The patient is a permanent resident of this state. 194 (d)(b) Has determined The physician determines that the 195 risks of treating the patient with ordering low-THC cannabis or 196 medical cannabis are reasonable in light of the potential 197 benefit to the for that patient. If a patient is younger than 18 198 years of age, a second physician must concur with this 199 determination, and such determination must be documented in the 200 patient's medical record;. 201 (e)(c) The physician Registers as the orderer of low-THC 202 cannabis or medical cannabis for the named patient on the 203 compassionate use registry maintained by the department and 204 updates the registry to reflect the contents of the order, 205 including the amount of low-THC cannabis or medical cannabis 206 that will provide the patient with not more than a 45-day supply 207 and a cannabis delivery device needed by the patient for the 208 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 9 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S medical use of low-THC cannabis or medical cannabis. The 209 physician must also update the registry within 7 days after any 210 change is made to the original order to reflect the change. The 211 physician shall deactivate the registration of the patient and 212 the patient's legal representative patient's registration when 213 treatment is discontinued;. 214 (f)(d) The physician Maintains a patient treatment plan 215 that includes the dose, route of administration, planned 216 duration, and monitoring of the patient's symptoms and other 217 indicators of tolerance or reaction to the low-THC cannabis or 218 medical cannabis;. 219 (g)(e) The physician Submits the patient treatment plan 220 quarterly to the University of Florida College of Pharmacy for 221 research on the safety and efficacy of low-THC cannabis and 222 medical cannabis on patients;. 223 (h)(f) The physician Obtains the voluntary written 224 informed consent of the patient or the patient's legal 225 representative guardian to treatment with low-THC cannabis after 226 sufficiently explaining the current state of knowledge in the 227 medical community of the effectiveness of treatment of the 228 patient's condition with low-THC cannabis, the medically 229 acceptable alternatives, and the potential risks and side 230 effects; 231 (i) Obtains written informed consent as defined in and 232 required under s. 499.0295, if the physician is ordering medical 233 cannabis for an eligible patient pursuant to that section; and 234 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 10 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (j) Is not a medical director employed by a dispensing 235 organization. 236 (3) PENALTIES.— 237 (a) A physician commits a misdemeanor of the first degree, 238 punishable as provided in s. 775.082 or s. 775.083, if the 239 physician orders low-THC cannabis for a patient without a 240 reasonable belief that the patient is suffering from: 241 1. Cancer or a physical medical condition that chronically 242 produces symptoms of seizures or severe and persistent muscle 243 spasms that can be treated with low-THC cannabis; or 244 2. Symptoms of cancer or a physical medical condition that 245 chronically produces symptoms of seizures or severe and 246 persistent muscle spasms that can be alleviated with low-THC 247 cannabis. 248 (b) A physician commits a misdemeanor of the first degree, 249 punishable as provided in s. 775.082 or s. 775.083, if the 250 physician orders medical cannabis for a patient without a 251 reasonable belief that the patient has a terminal condition as 252 defined in s. 499.0295. 253 (c)(b) A Any person who fraudulently represents that he or 254 she has cancer, or a physical medical condition that chronically 255 produces symptoms of seizures or severe and persistent muscle 256 spasms, or a terminal condition to a physician for the purpose 257 of being ordered low-THC cannabis, medical cannabis, or a 258 cannabis delivery device by such physician commits a misdemeanor 259 of the first degree, punishable as provided in s. 775.082 or s. 260 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 11 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 775.083. 261 (d) An eligible patient as defined in s. 499.0295 who uses 262 medical cannabis, and such patient's legal representative who 263 administers medical cannabis, in plain view of or in a place 264 open to the general public, on the grounds of a school, or in a 265 school bus, vehicle, aircraft, or motorboat, commits a 266 misdemeanor of the first degree, punishable as provided in s. 267 775.082 or s. 775.083. 268 (e) A physician who orders low-THC cannabis, medical 269 cannabis, or a cannabis delivery device and receives 270 compensation from a dispensing organization related to the 271 ordering of low-THC cannabis, medical cannabis, or a cannabis 272 delivery device is subject to disciplinary action under the 273 applicable practice act and s. 456.072(1)(n). 274 (4) PHYSICIAN EDUCATION.— 275 (a) Before ordering low-THC cannabis, medical cannabis, or 276 a cannabis delivery device for medical use by a patient in this 277 state, the appropriate board shall require the ordering 278 physician licensed under chapter 458 or chapter 459 to 279 successfully complete an 8-hour course and subsequent 280 examination offered by the Florida Medical Association or the 281 Florida Osteopathic Medical Association that encompasses the 282 clinical indications for the appropriate use of low-THC cannabis 283 and medical cannabis, the appropriate cannabis delivery devices 284 mechanisms, the contraindications for such use, and as well as 285 the relevant state and federal laws governing the ordering, 286 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 12 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S dispensing, and possessing of these substances and devices this 287 substance. The first course and examination shall be presented 288 by October 1, 2014, and shall be administered at least annually 289 thereafter. Successful completion of the course may be used by a 290 physician to satisfy 8 hours of the continuing medical education 291 requirements required by his or her respective board for 292 licensure renewal. This course may be offered in a distance 293 learning format. 294 (b) The appropriate board shall require the medical 295 director of each dispensing organization to hold an active, 296 unrestricted license as a physician under chapter 458 or as an 297 osteopathic physician under chapter 459 and approved under 298 subsection (5) to successfully complete a 2-hour course and 299 subsequent examination offered by the Florida Medical 300 Association or the Florida Osteopathic Medical Association that 301 encompasses appropriate safety procedures and knowledge of low-302 THC cannabis, medical cannabis, and cannabis delivery devices. 303 (c) Successful completion of the course and examination 304 specified in paragraph (a) is required for every physician who 305 orders low-THC cannabis, medical cannabis, or a cannabis 306 delivery device each time such physician renews his or her 307 license. In addition, successful completion of the course and 308 examination specified in paragraph (b) is required for the 309 medical director of each dispensing organization each time such 310 physician renews his or her license. 311 (d) A physician who fails to comply with this subsection 312 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 13 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S and who orders low-THC cannabis, medical cannabis, or a cannabis 313 delivery device may be subject to disciplinary action under the 314 applicable practice act and under s. 456.072(1)(k). 315 (5) DUTIES OF THE DEPARTMENT.—By January 1, 2015, The 316 department shall: 317 (a) Create and maintain a secure, electronic, and online 318 compassionate use registry for the registration of physicians, 319 and patients, and the legal representatives of patients as 320 provided under this section. The registry must be accessible to 321 law enforcement agencies and to a dispensing organization in 322 order to verify the authorization of a patient or a patient's 323 legal representative to possess patient authorization for low-324 THC cannabis, medical cannabis, or a cannabis delivery device 325 and record the low-THC cannabis, medical cannabis, or cannabis 326 delivery device dispensed. The registry must prevent an active 327 registration of a patient by multiple physicians. 328 (b) Authorize the establishment of five dispensing 329 organizations to ensure reasonable statewide accessibility and 330 availability as necessary for patients registered in the 331 compassionate use registry and who are ordered low-THC cannabis, 332 medical cannabis, or a cannabis delivery device under this 333 section, one in each of the following regions: northwest 334 Florida, northeast Florida, central Florida, southeast Florida, 335 and southwest Florida. The department shall develop an 336 application form and impose an initial application and biennial 337 renewal fee that is sufficient to cover the costs of 338 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 14 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S administering this section. An applicant for approval as a 339 dispensing organization must be able to demonstrate: 340 1. The technical and technological ability to cultivate 341 and produce low-THC cannabis. The applicant must possess a valid 342 certificate of registration issued by the Department of 343 Agriculture and Consumer Services pursuant to s. 581.131 that is 344 issued for the cultivation of more than 400,000 plants, be 345 operated by a nurseryman as defined in s. 581.011, and have been 346 operated as a registered nursery in this state for at least 30 347 continuous years. 348 2. The ability to secure the premises, resources, and 349 personnel necessary to operate as a dispensing organization. 350 3. The ability to maintain accountability of all raw 351 materials, finished products, and any byproducts to prevent 352 diversion or unlawful access to or possession of these 353 substances. 354 4. An infrastructure reasonably located to dispense low-355 THC cannabis to registered patients statewide or regionally as 356 determined by the department. 357 5. The financial ability to maintain operations for the 358 duration of the 2-year approval cycle, including the provision 359 of certified financials to the department. Upon approval, the 360 applicant must post a $5 million performance bond. However, upon 361 a dispensing organization's serving at least 1,000 qualified 362 patients, the dispensing organization is only required to 363 maintain a $2 million performance bond. 364 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 15 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 6. That all owners and managers have been fingerprinted 365 and have successfully passed a level 2 background screening 366 pursuant to s. 435.04. 367 7. The employment of a medical director who is a physician 368 licensed under chapter 458 or chapter 459 to supervise the 369 activities of the dispensing organization. 370 (c) Upon the registration of 250,000 active qualified 371 patients in the compassionate use registry, approve three 372 dispensing organizations, including, but not limited to, an 373 applicant that is a recognized class member of Pigford v. 374 Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers 375 Litig., 856 F. Supp. 2d 1 (D.D.C. 2011), and a member of the 376 Black Farmers and Agriculturalists Association, which must meet 377 the requirements of subparagraphs (b)2.-7. and demonstrate the 378 technical and technological ability to cultivate and produce 379 low-THC cannabis. 380 (d) Allow a dispensing organization to make a wholesale 381 purchase of low-THC cannabis or medical cannabis from, or a 382 distribution of low-THC cannabis or medical cannabis to, another 383 dispensing organization. 384 (e)(c) Monitor physician registration and ordering of low-385 THC cannabis, medical cannabis, or a cannabis delivery device 386 for ordering practices that could facilitate unlawful diversion 387 or misuse of low-THC cannabis, medical cannabis, or a cannabis 388 delivery device and take disciplinary action as indicated. 389 (d) Adopt rules necessary to implement this section. 390 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 16 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (6) DISPENSING ORGANIZATION.—An approved dispensing 391 organization must, at all times, shall maintain compliance with 392 the criteria demonstrated for selection and approval as a 393 dispensing organization under subsection (5) and the criteria 394 required in this subsection at all times. 395 (a) When growing low-THC cannabis or medical cannabis, a 396 dispensing organization: 397 1. May use pesticides determined by the department, after 398 consultation with the Department of Agriculture and Consumer 399 Services, to be safely applied to plants intended for human 400 consumption, but may not use pesticides designated as 401 restricted-use pesticides pursuant to s. 487.042. 402 2. Must grow low-THC cannabis or medical cannabis within 403 an enclosed structure and in a room separate from any other 404 plant. 405 3. Must inspect seeds and growing plants for plant pests 406 that endanger or threaten the horticultural and agricultural 407 interests of the state, notify the Department of Agriculture and 408 Consumer Services within 10 calendar days after a determination 409 that a plant is infested or infected by such plant pest, and 410 implement and maintain phytosanitary policies and procedures. 411 4. Must perform fumigation or treatment of plants, or the 412 removal and destruction of infested or infected plants, in 413 accordance with chapter 581 and any rules adopted thereunder. 414 (b) When processing low-THC cannabis or medical cannabis, 415 a dispensing organization must: 416 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 17 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1. Process the low-THC cannabis or medical cannabis within 417 an enclosed structure and in a room separate from other plants 418 or products. 419 2. Test the processed low-THC cannabis and medical 420 cannabis before they are dispensed. Results must be verified and 421 signed by two dispensing organization employees. Before 422 dispensing low-THC cannabis, the dispensing organization must 423 determine that the test results indicate that the low-THC 424 cannabis meets the definition of low-THC cannabis and, for 425 medical cannabis and low-THC cannabis, that all medical cannabis 426 and low-THC cannabis is safe for human consumption and free from 427 contaminants that are unsafe for human consumption. The 428 dispensing organization must retain records of all testing and 429 samples of each homogenous batch of cannabis and low-THC 430 cannabis for at least 9 months. The dispensing organization must 431 contract with an independent testing laboratory to perform 432 audits on the dispensing organization's standard operating 433 procedures, testing records, and samples and provide the results 434 to the department to confirm that the low-THC cannabis or 435 medical cannabis meets the requirements of this section and that 436 the medical cannabis and low-THC cannabis is safe for human 437 consumption. 438 3. Package the low-THC cannabis or medical cannabis in 439 compliance with the United States Poison Prevention Packaging 440 Act of 1970, 15 U.S.C. ss. 1471 et seq. 441 4. Package the low-THC cannabis or medical cannabis in a 442 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 18 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S receptacle that has a firmly affixed and legible label stating 443 the following information: 444 a. A statement that the low-THC cannabis or medical 445 cannabis meets the requirements of subparagraph 2.; 446 b. The name of the dispensing organization from which the 447 medical cannabis or low-THC cannabis originates; and 448 c. The batch number and harvest number from which the 449 medical cannabis or low-THC cannabis originates. 450 5. Reserve two processed samples from each batch and 451 retain such samples for at least 9 months for the purpose of 452 testing pursuant to the audit required under subparagraph 2. 453 (c) When dispensing low-THC cannabis, medical cannabis, or 454 a cannabis delivery device, a dispensing organization: 455 1. May not dispense more than a 45-day supply of low-THC 456 cannabis or medical cannabis to a patient or the patient's legal 457 representative. 458 2. Must have the dispensing organization's employee who 459 dispenses the low-THC cannabis, medical cannabis, or a cannabis 460 delivery device enter into the compassionate use registry his or 461 her name or unique employee identifier. 462 3. Must verify in the compassionate use registry that a 463 physician has ordered the low-THC cannabis, medical cannabis, or 464 a specific type of a cannabis delivery device for the patient. 465 4. May not dispense or sell any other type of cannabis, 466 alcohol, or illicit drug-related product, including pipes, 467 bongs, or wrapping papers, other than a physician-ordered 468 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 19 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S cannabis delivery device required for the medical use of low-THC 469 cannabis or medical cannabis, while dispensing low-THC cannabis 470 or medical cannabis. 471 5. Must Before dispensing low-THC cannabis to a qualified 472 patient, the dispensing organization shall verify that the 473 patient has an active registration in the compassionate use 474 registry, the patient or patient's legal representative holds a 475 valid and active registration card, the order presented matches 476 the order contents as recorded in the registry, and the order 477 has not already been filled. 478 6. Must, upon dispensing the low-THC cannabis, medical 479 cannabis, or cannabis delivery device, the dispensing 480 organization shall record in the registry the date, time, 481 quantity, and form of low-THC cannabis or medical cannabis 482 dispensed and the type of cannabis delivery device dispensed. 483 (d) To ensure the safety and security of its premises and 484 any off-site storage facilities, and to maintain adequate 485 controls against the diversion, theft, and loss of low-THC 486 cannabis, medical cannabis, or cannabis delivery devices, a 487 dispensing organization shall: 488 1.a. Maintain a fully operational security alarm system 489 that secures all entry points and perimeter windows and is 490 equipped with motion detectors; pressure switches; and duress, 491 panic, and hold-up alarms; or 492 b. Maintain a video surveillance system that records 493 continuously 24 hours each day and meets at least one of the 494 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 20 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S following criteria: 495 (I) Cameras are fixed in a place that allows for the clear 496 identification of persons and activities in controlled areas of 497 the premises. Controlled areas include grow rooms, processing 498 rooms, storage rooms, disposal rooms or areas, and point-of-sale 499 rooms; 500 (II) Cameras are fixed in entrances and exits to the 501 premises, which shall record from both indoor and outdoor, or 502 ingress and egress, vantage points; 503 (III) Recorded images must clearly and accurately display 504 the time and date; or 505 (IV) Retain video surveillance recordings for a minimum of 506 45 days or longer upon the request of a law enforcement agency. 507 2. Ensure that the organization's outdoor premises have 508 sufficient lighting from dusk until dawn. 509 3. Establish and maintain a tracking system approved by 510 the department that traces the low-THC cannabis or medical 511 cannabis from seed to sale. The tracking system shall include 512 notification of key events as determined by the department, 513 including when cannabis seeds are planted, when cannabis plants 514 are harvested and destroyed, and when low-THC cannabis or 515 medical cannabis is transported, sold, stolen, diverted, or 516 lost. 517 4. Not dispense from its premises low-THC cannabis, 518 medical cannabis, or a cannabis delivery device between the 519 hours of 9 p.m. and 7 a.m., but may perform all other operations 520 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 21 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S and deliver low-THC cannabis and medical cannabis to qualified 521 patients 24 hours each day. 522 5. Store low-THC cannabis or medical cannabis in a 523 secured, locked room or a vault. 524 6. Require at least two of its employees, or two employees 525 of a security agency with whom it contracts, to be on the 526 premises at all times. 527 7. Require each employee to wear a photo identification 528 badge at all times while on the premises. 529 8. Require each visitor to wear a visitor's pass at all 530 times while on the premises. 531 9. Implement an alcohol and drug-free workplace policy. 532 10. Report to local law enforcement within 24 hours after 533 it is notified or becomes aware of the theft, diversion, or loss 534 of low-THC cannabis or medical cannabis. 535 (e) To ensure the safe transport of low-THC cannabis or 536 medical cannabis to dispensing organization facilities, 537 independent testing laboratories, or patients, the dispensing 538 organization must: 539 1. Maintain a transportation manifest, which must be 540 retained for at least 1 year. 541 2. Ensure only vehicles in good working order are used to 542 transport low-THC cannabis or medical cannabis. 543 3. Lock low-THC cannabis or medical cannabis in a separate 544 compartment or container within the vehicle. 545 4. Require at least two persons to be in a vehicle 546 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 22 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S transporting low-THC cannabis or medical cannabis, and require 547 at least one person to remain in the vehicle while the low-THC 548 cannabis or medical cannabis is being delivered. 549 5. Provide specific safety and security training to 550 employees transporting or delivering low-THC cannabis or medical 551 cannabis. 552 (7) DEPARTMENT AUTHORITY AND RESPONSIBILITIES.— 553 (a) The department may conduct announced or unannounced 554 inspections of dispensing organizations to determine compliance 555 with this section or rules adopted pursuant to this section. 556 (b) The department shall inspect a dispensing organization 557 upon complaint or notice provided to the department that the 558 dispensing organization has dispensed low-THC cannabis or 559 medical cannabis containing any mold, bacteria, or other 560 contaminant that may cause or has caused an adverse effect to 561 human health or the environment. 562 (c) The department shall conduct at least a biennial 563 inspection of each dispensing organization to evaluate the 564 dispensing organization's records, personnel, equipment, 565 processes, security measures, sanitation practices, and quality 566 assurance practices. 567 (d) The department may enter into interagency agreements 568 with the Department of Agriculture and Consumer Services, the 569 Department of Business and Professional Regulation, the 570 Department of Transportation, the Department of Highway Safety 571 and Motor Vehicles, and the Agency for Health Care 572 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 23 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Administration, and such agencies are authorized to enter into 573 an interagency agreement with the department, to conduct 574 inspections or perform other responsibilities assigned to the 575 department under this section. 576 (e) The department must make a list of all approved 577 dispensing organizations and qualified ordering physicians and 578 medical directors publicly available on its website. 579 (f) The department may establish a system for issuing and 580 renewing registration cards for patients and their legal 581 representatives, establish the circumstances under which the 582 cards may be revoked by or must be returned to the department, 583 and establish fees to implement such system. The department must 584 require, at a minimum, the registration cards to: 585 1. Provide the name, address, and date of birth of the 586 patient or legal representative. 587 2. Have a full-face, passport-type, color photograph of 588 the patient or legal representative taken within the 90 days 589 immediately preceding registration. 590 3. Identify whether the cardholder is a patient or legal 591 representative. 592 4. List a unique numeric identifier for the patient or 593 legal representative that is matched to the identifier used for 594 such person in the department's compassionate use registry. 595 5. Provide the expiration date, which shall be 1 year 596 after the date of the physician's initial order of low-THC 597 cannabis or medical cannabis. 598 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 24 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 6. For the legal representative, provide the name and 599 unique numeric identifier of the patient that the legal 600 representative is assisting. 601 7. Be resistant to counterfeiting or tampering. 602 (g) The department may impose reasonable fines not to 603 exceed $10,000 on a dispensing organization for any of the 604 following violations: 605 1. Violating this section, s. 499.0295, or department 606 rule. 607 2. Failing to maintain qualifications for approval. 608 3. Endangering the health, safety, or security of a 609 qualified patient. 610 4. Improperly disclosing personal and confidential 611 information of the qualified patient. 612 5. Attempting to procure dispensing organization approval 613 by bribery, fraudulent misrepresentation, or extortion. 614 6. Being convicted or found guilty of, or entering a plea 615 of guilty or nolo contendere to, regardless of adjudication, a 616 crime in any jurisdiction which directly relates to the business 617 of a dispensing organization. 618 7. Making or filing a report or record that the dispensing 619 organization knows to be false. 620 8. Willfully failing to maintain a record required by this 621 section or department rule. 622 9. Willfully impeding or obstructing an employee or agent 623 of the department in the furtherance of his or her official 624 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 25 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S duties. 625 10. Engaging in fraud or deceit, negligence, incompetence, 626 or misconduct in the business practices of a dispensing 627 organization. 628 11. Making misleading, deceptive, or fraudulent 629 representations in or related to the business practices of a 630 dispensing organization. 631 12. Having a license or the authority to engage in any 632 regulated profession, occupation, or business that is related to 633 the business practices of a dispensing organization suspended, 634 revoked, or otherwise acted against by the licensing authority 635 of any jurisdiction, including its agencies or subdivisions, for 636 a violation that would constitute a violation under Florida law. 637 13. Violating a lawful order of the department or an 638 agency of the state, or failing to comply with a lawfully issued 639 subpoena of the department or an agency of the state. 640 (h) The department may suspend, revoke, or refuse to renew 641 a dispensing organization's approval if a dispensing 642 organization commits any of the violations in paragraph (g). 643 (i) The department shall renew the approval of a 644 dispensing organization biennially if the dispensing 645 organization meets the requirements of this section and pays the 646 biennial renewal fee. 647 (j) The department may adopt rules necessary to implement 648 this section. 649 (8) PREEMPTION.— 650 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 26 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (a) All matters regarding the regulation of the 651 cultivation and processing of medical cannabis or low-THC 652 cannabis by dispensing organizations are preempted to the state. 653 (b) A municipality may determine by ordinance the criteria 654 for the number and location of, and other permitting 655 requirements that do not conflict with state law or department 656 rule for, dispensing facilities of dispensing organizations 657 located within its municipal boundaries. A county may determine 658 by ordinance the criteria for the number, location, and other 659 permitting requirements that do not conflict with state law or 660 department rule for all dispensing facilities of dispensing 661 organizations located within the unincorporated areas of that 662 county. 663 (9)(7) EXCEPTIONS TO OTHER LAWS.— 664 (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 665 any other provision of law, but subject to the requirements of 666 this section, a qualified patient and the qualified patient's 667 legal representative may purchase and possess for the patient's 668 medical use up to the amount of low-THC cannabis or medical 669 cannabis ordered for the patient, but not more than a 45-day 670 supply, and a cannabis delivery device ordered for the patient. 671 (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 672 any other provision of law, but subject to the requirements of 673 this section, an approved dispensing organization and its 674 owners, managers, and employees may manufacture, possess, sell, 675 deliver, distribute, dispense, and lawfully dispose of 676 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 27 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S reasonable quantities, as established by department rule, of 677 low-THC cannabis, medical cannabis, or a cannabis delivery 678 device. For purposes of this subsection, the terms 679 "manufacture," "possession," "deliver," "distribute," and 680 "dispense" have the same meanings as provided in s. 893.02. 681 (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 682 any other provision of law, but subject to the requirements of 683 this section, an approved independent testing laboratory may 684 possess, test, transport, and lawfully dispose of low-THC 685 cannabis or medical cannabis as provided by department rule. 686 (d)(c) An approved dispensing organization and its owners, 687 managers, and employees are not subject to licensure or 688 regulation under chapter 465 or chapter 499 for manufacturing, 689 possessing, selling, delivering, distributing, dispensing, or 690 lawfully disposing of reasonable quantities, as established by 691 department rule, of low-THC cannabis, medical cannabis, or a 692 cannabis delivery device. 693 (e) An approved dispensing organization that continues to 694 meet the requirements for approval is presumed to be registered 695 with the department and to meet the regulations adopted by the 696 department or its successor agency for the purpose of dispensing 697 medical cannabis or low-THC cannabis under Florida law. 698 Additionally, the authority provided to a dispensing 699 organization in s. 499.0295 does not impair the approval of a 700 dispensing organization. 701 (f) This subsection does not exempt a person from 702 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 28 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S prosecution for a criminal offense related to impairment or 703 intoxication resulting from the medical use of low-THC cannabis 704 or medical cannabis or relieve a person from any requirement 705 under law to submit to a breath, blood, urine, or other test to 706 detect the presence of a controlled substance. 707 Section 2. Subsections (2) and (3) of section 499.0295, 708 Florida Statutes, are amended to read: 709 499.0295 Experimental treatments for terminal conditions.— 710 (2) As used in this section, the term: 711 (a) "Dispensing organization" means an organization 712 approved by the Department of Health under s. 381.986(5) to 713 cultivate, process, transport, and dispense low-THC cannabis, 714 medical cannabis, and cannabis delivery devices. 715 (b)(a) "Eligible patient" means a person who: 716 1. Has a terminal condition that is attested to by the 717 patient's physician and confirmed by a second independent 718 evaluation by a board-certified physician in an appropriate 719 specialty for that condition; 720 2. Has considered all other treatment options for the 721 terminal condition currently approved by the United States Food 722 and Drug Administration; 723 3. Has given written informed consent for the use of an 724 investigational drug, biological product, or device; and 725 4. Has documentation from his or her treating physician 726 that the patient meets the requirements of this paragraph. 727 (c)(b) "Investigational drug, biological product, or 728 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 29 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S device" means: 729 1. A drug, biological product, or device that has 730 successfully completed phase 1 of a clinical trial but has not 731 been approved for general use by the United States Food and Drug 732 Administration and remains under investigation in a clinical 733 trial approved by the United States Food and Drug 734 Administration; or 735 2. Medical cannabis that is manufactured and sold by a 736 dispensing organization. 737 (d)(c) "Terminal condition" means a progressive disease or 738 medical or surgical condition that causes significant functional 739 impairment, is not considered by a treating physician to be 740 reversible even with the administration of available treatment 741 options currently approved by the United States Food and Drug 742 Administration, and, without the administration of life-743 sustaining procedures, will result in death within 1 year after 744 diagnosis if the condition runs its normal course. 745 (e)(d) "Written informed consent" means a document that is 746 signed by a patient, a parent of a minor patient, a court-747 appointed guardian for a patient, or a health care surrogate 748 designated by a patient and includes: 749 1. An explanation of the currently approved products and 750 treatments for the patient's terminal condition. 751 2. An attestation that the patient concurs with his or her 752 physician in believing that all currently approved products and 753 treatments are unlikely to prolong the patient's life. 754 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 30 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 3. Identification of the specific investigational drug, 755 biological product, or device that the patient is seeking to 756 use. 757 4. A realistic description of the most likely outcomes of 758 using the investigational drug, biological product, or device. 759 The description shall include the possibility that new, 760 unanticipated, different, or worse symptoms might result and 761 death could be hastened by the proposed treatment. The 762 description shall be based on the physician's knowledge of the 763 proposed treatment for the patient's terminal condition. 764 5. A statement that the patient's health plan or third-765 party administrator and physician are not obligated to pay for 766 care or treatment consequent to the use of the investigational 767 drug, biological product, or device unless required to do so by 768 law or contract. 769 6. A statement that the patient's eligibility for hospice 770 care may be withdrawn if the patient begins treatment with the 771 investigational drug, biological product, or device and that 772 hospice care may be reinstated if the treatment ends and the 773 patient meets hospice eligibility requirements. 774 7. A statement that the patient understands he or she is 775 liable for all expenses consequent to the use of the 776 investigational drug, biological product, or device and that 777 liability extends to the patient's estate, unless a contract 778 between the patient and the manufacturer of the investigational 779 drug, biological product, or device states otherwise. 780 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 31 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (3) Upon the request of an eligible patient, a 781 manufacturer may, or upon a physician's order pursuant to s. 782 381.986, a dispensing organization may: 783 (a) Make its investigational drug, biological product, or 784 device available under this section. 785 (b) Provide an investigational drug, biological product, 786 or device, or cannabis delivery device as defined in s. 381.986 787 to an eligible patient without receiving compensation. 788 (c) Require an eligible patient to pay the costs of, or 789 the costs associated with, the manufacture of the 790 investigational drug, biological product, or device, or cannabis 791 delivery device as defined in s. 381.986. 792 Section 3. (1) Notwithstanding s. 381.986(5)(b), Florida 793 Statutes, a dispensing organization that receives notice from 794 the Department of Health that it is approved as a region's 795 dispensing organization, posts a $5 million performance bond in 796 compliance with rule 64-4.002(5)(e), Florida Administrative 797 Code, meets the requirements of and requests cultivation 798 authorization pursuant to rule 64-4.005(2), Florida 799 Administrative Code, and expends at least $100,000 to fulfill 800 its legal obligations as a dispensing organization; or any 801 applicant that received the highest aggregate score through the 802 department's evaluation process, notwithstanding any prior 803 determination by the department that the applicant failed to 804 meet the requirements of s. 381.986, Florida Statutes, must be 805 granted cultivation authorization by the department and is 806 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 32 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S approved to operate as a dispensing organization for the full 807 term of its original approval and all subsequent renewals 808 pursuant to s. 381.986, Florida Statutes. Any applicant that 809 qualifies under this subsection which has not previously been 810 approved as a dispensing organization by the department must be 811 given approval as a dispensing organization by the department 812 within 10 days after the effective date of this act, and within 813 10 days after receiving such approval must comply with the bond 814 requirement in rule 64-4.002(5)(e), Florida Administrative Code, 815 and must comply with all other applicable requirements of 816 chapter 64-4, Florida Administrative Code. 817 (2) If an organization that does not meet the criteria of 818 subsection (1) receives a final determination from the Division 819 of Administrative Hearings, the Department of Health, or a court 820 of competent jurisdiction that it was entitled to be a 821 dispensing organization under s. 381.986, Florida Statutes, and 822 applicable rules, such organization and an organization that 823 meets the criteria of subsection (1) shall both be dispensing 824 organizations in the same region. During the operations of any 825 dispensing organization that meets the criteria in this section, 826 the Department of Health may enforce rule 64-4.005, Florida 827 Administrative Code, as filed on June 17, 2015. 828 (3) This section does not apply to s. 381.986 (5)(c), 829 Florida Statutes. 830 Section 4. Any college or university in the state that has 831 a college of agriculture may conduct cannabis research 832 ENROLLED CS for CS/CS/HB 307 & HB 1313, Engrossed 1 2016 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0307-05-er Page 33 of 33 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S consistent with state and federal law. 833 Section 5. This act shall take effect upon becoming a law. 834 ORDINANCE NO. 27-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IMPOSING A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, Florida voters will consider an amendment to the Florida Constitution entitled “Use of Marijuana for Debilitating Medical Conditions” (“Amendment 2”); and WHEREAS, if approved by Florida voters, Amendment 2 would legalize the medically certified use of marijuana throughout the State of Florida and authorize the cultivation, processing, distribution, and sale of marijuana, and related activities, by licensed “Medical Marijuana Treatment Centers;” and WHEREAS, in 2014, the Florida Legislature enacted a separate but significantly more narrow medical marijuana law, the “Compassionate Medical Cannabis Act of 2014,” codified in Section 381.986, Florida Statutes, which authorizes a limited number of nurseries to cultivate, process, and dispense low-THC cannabis to qualified patients and operate as “dispensing organizations;” and WHEREAS, on March 25, 2016, the Florida Legislature amended numerous provisions of Section 381.986, Florida Statutes and provided additional regulation of the Department of Health with regard to medical cannabis. WHEREAS, Chapter 64-4 “Compassionate Use” of the Florida Administrative Code has been enacted to regulate the Department of Health with regard to the requirements for dispensing organizations, including procedures for application, review, approval, inspection, and authorization of dispensing organizations, and the Department of Health has commenced its application and review process; and WHEREAS, due to the historical prohibition of marijuana, the City of Delray Beach does not currently have any land development regulations governing the use of real property for the purposes of cultivating, processing, distributing, or selling marijuana, or related activities, and such uses are not permissible within the City; and WHEREAS, in order to promote effective land use planning if Amendment 2 passes, or if a dispensing organization, as authorized under the Compassionate Medical Cannabis Act of 2014, should seek to operate within the City, the City Commission wishes to preserve the status quo while researching, studying, and analyzing the potential impact of Medical Marijuana Treatment Centers and dispensing organizations upon adjacent uses and the surrounding area, the effect of Medical Marijuana Treatment Centers and dispensing organizations on traffic, congestion, surrounding property values, demand for City services, and other aspects of the general welfare; and 2 Ord No. 27-16 WHEREAS, the City Commission finds that a temporary moratorium on the operation of Medical Marijuana Treatment Centers and dispensing organizations will allow the City a sufficient period of time to determine what uses are best-suited to particular zoning categories and how best to formulate land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, distributing, or selling marijuana, or related activities; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1.The recitals above are true and correct and are incorporated into the findings of this Resolution as if set forth in full herein. Section 2.A temporary moratorium is hereby imposed on the operation of Medical Marijuana Treatment Centers and dispensing organizations within the corporate limits of the City of Delray Beach, Florida. While the temporary moratorium is in effect, the City shall not accept, process, or approve any application relating to the operation of a Medical Marijuana Treatment Center or dispensing organization. Nothing in the temporary moratorium shall be construed so as to prohibit the medical use of marijuana or low- THC cannabis by a qualifying patient as determined by a licensed Florida physician, pursuant to Amendment 2 (if enacted), Fla. Stat. §381.986, or other Florida law. Section 3.For purposes of the temporary moratorium, the term “Medical Marijuana Treatment Center” means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their professional caregivers, and is registered by the Florida Department of Health. The term “dispensing organization” means an organization approved by the Florida Department of Health to cultivate, process, and dispense low-THC cannabis pursuant to Fla. Stat. § 381.986. Section 4.This ordinance shall take effect immediately upon adoption. The temporary moratorium shall terminate one (1) year from the effective date of this ordinance, unless the City Commission rescinds or extends the moratorium by subsequent ordinance. In the event that Amendment 2 is not approved by Florida voters on November 8, 2016, the temporary moratorium on the operation of Medical Marijuana Treatment Centers shall terminate immediately, but the temporary moratorium on the operation of dispensing organizations shall remain in effect in accordance with this section. Section 5.If any section, subsection, clause, or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. 3 Ord No. 27-16 PASSED AND ADOPTED in regular session on first reading on this the _____ day of ___________________, 2016. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2016. ______________________________________ ATTEST: M A Y O R _______________________________ City Clerk First Reading____________________ Second Reading__________________ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-878,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning, and Building Director THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 ORDINANCE NO. 27-16: IMPOSING A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR (SECOND READING/SECOND PUBLIC HEARING) Recommended Action: Motion to Approve on second reading Ordinance No.27-16:Imposing a temporary moratorium on the operation of Medical Marijuana Treatment Centers and Dispensing Organizations within the City of Delray Beach for a period of one year. Background: The purpose of this ordinance is to provide the City adequate time to properly study and consider the myriad of unknown effects that will result from;(i)the recently legalized use,production,and distribution of medical marijuana for compassionate use,and (ii)the potential impacts of the proposed November 2016 constitutional amendment which provides for the legalization of medical marijuana to craft meaningful regulation as appropriate. During the 2014 legislative session,the Florida Legislature enacted the “Compassionate Medical Cannabis Act of 2014,”which authorizes a limited number of approved nurseries in the State of Florida to cultivate,process,and dispense low-THC cannabis to qualified patients,and operate as “dispensing organizations”as approved by the Florida Department of Health.The Act was codified in Section 381.986,Florida Statutes.On March 25,2016,the Florida Legislature amended numerous provisions of Section 381.986 and adopted regulations for the Department of Health with regard to the requirements for dispensing organizations,including procedures for application,review, inspection,and authorization of dispensing organizations.The Department of Health has approved six Dispensing Organizations (see map attached).These locations are approved for cultivation.The Dispensing Organizations may set up dispensaries any where in the state as permitted by local jurisdictions. On November 8,2016,Florida voters will again consider an amendment to the Florida Constitution entitled “Use of Marijuana for Debilitating Medical Conditions,”otherwise referred to as “Amendment 2.”Amendment 2 would legalize the medically certified use of marijuana throughout the State of Florida,and would further authorize the cultivation,processing,distribution,and sale of marijuana by “Medical Marijuana Treatment Centers (MMTC)” licensed by the Florida Department of Health. Both Amendment 2,if passed,and the Compassionate Medical Cannabis Act of 2014,as amended, permit land to be used in a way that has historically been prohibited under Florida law.Accordingly, City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-878,Version:1 permit land to be used in a way that has historically been prohibited under Florida law.Accordingly, the City currently has no land development regulations governing the use of real property for the purposes of cultivating,processing,distributing,or selling marijuana.This Ordinance imposes a one year temporary moratorium on the operation of MMTCs and dispensing organizations,as those terms are defined in the Ordinance and State Statute.During the moratorium the City will not accept, process,or approve any application relating to the operation of a MMTCs or a dispensing organization.The stated purpose of the moratorium is to allow the City a sufficient period of time to review and determine what zoning and land development regulations would be appropriate to govern the use of real property as authorized by Amendment 2 and the Compassionate Medical Cannabis Act of 2014, as amended. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: It is recommended that the Ordinance be approved prior to the November 8th Amendment consideration. City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ 8.19.16 ORDINANCE NO. 17-16 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 33 “POLICE AND FIRE-RESCUE DEPARTMENTS” BY AMENDING TITLE 3 “PENSIONS,” TO IMPLEMENT THE 2014-2017 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY AND THE AMENDMENT TO THE 2014-2017 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION; ESTABLISHING SEPARATE RETIREMENT SYSTEMS FOR POLICE OFFICERS AND FIREFIGHTERS, AND PROVIDING FOR ALLOCATION OF ASSETS AND LIABILITIES ATTRIBUTABLE TO POLICE OFFICERS AND FIREFIGHTERS AND THE TRANSFER OF ASSETS AND LIABILITIES FROM THE EXISTING P OLICE AND FIREFIGHTERS RETIREMENT SYSTEM TO THE NEW POLICE OFFICERS’ RETIREMENT SYSTEM AND FIREFIGHTERS’ RETIREMENT SYSTEM; CREATING NEW BOARDS OF TRUSTEES TO ADMINISTER THE NEW POLICE OFFICERS’ RETIREMENT SYSTEM AND FIREFIGHTERS’ RETIREMENT SYSTEM; REVISING RETIREMENT BENEFITS FOR FIREFIGHTERS AND POLICE OFFICERS; MODIFYING THE USE OF PREMIUM TAX REVENUES RECEIVED PURSUANT TO F.S. CHAPTERS 175 AND 185; REVISING THE RETIREMENT BENEFIT ENHANCEMENT; DELETING OUTDATED LANGUAGE, CORRECTING REFERENCES AND MAKING OTHER TECHNICAL CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach and the Professional Fire Fighters / Paramedics of Palm Beach County, Local 2928, IAFF have ratified a collective bargaining agreement for October 1, 2014 through September 30, 2017 (“IAFF Agreement”); and WHEREAS, the City of Delray Beach and Palm Beach County Police Benevolent Association have agreed to amend their collective bargaining agreement for October 1, 2014 through September 30, 2017 (“Amendment to PBA Agreement”); and WHEREAS, the IAFF Agreement and Amendment to PBA Agreement provide for the establishment of separate retirement systems for police officers and firefighters, a new board of trustees for each system, changes in retirement benefits for firefighters and police officers, 00700515-1 1 8.19.16 changes in the allocation and use of Chapter 175 and 185 premium tax revenues, and changes to the retirement benefits of firefighters and police officers; and WHEREAS, to implement the retirement changes, it is necessary to amend the Police and Firefighters Retirement System, now codified in Sections 33.60 through 33.73 of the Delray Beach City Code. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Recital Adopted. That the above-stated recital is hereby adopted and confirmed. Section 2. Code Amended. That Chapter 33 “Police and Fire-Rescue Departments of the City Code is hereby amended to read as follows: CHAPTER 33. – POLICE AND FIRE-RESCUE DEPARTMENTS Sec. 33.58. - SEPARATE RETIREMENT SYSTEMS ESTABLISHED FOR POLICE OFFICERS AND FIREFIGHTERS. Notwithstanding any other provision of this Chapter: (A) Effective October 1, 2016 separate retirement systems for police officers and firefighters shall be established as provided in sections 33.59 through 33.72 for police officers (to be known as the Police Officers’ Retirement System), and sections 33.73 through 33.91 for firefighters (to be known as the Firefighters’ Retirement System); and the existing City of Delray Beach Police and Firefighters Retirement System shall be replaced by the Police Officers’ Retirement System and the Firefighters’ Retirement System, as provided herein. (B) Effective October 1, 2016, all assets and liabilities of the City of Delray Beach Police and Firefighters Retirement System attributable to active, terminated and retired police officer members and their beneficiaries, shall be transferred to and become assets and liabilities of the Police Officers’ Retirement System created by section 33.59, to be invested and utilized as provided in sections 33.60 through 33.72. Effective October 1, 2016, all active, terminated and retired police officer members of the City of Delray Beach Police and Firefighters Retirement System and their beneficiaries shall become members and beneficiaries of the Police Officers’ Retirement System, and shall be entitled to benefits as provided in sections 33.60 through 33.72. (C) Effective October 1, 2016, all assets and liabilities of the City of Delray Beach Police and Firefighters Retirement System attributable to active, terminated and retired firefighter members and their beneficiaries, shall be transferred to and become assets and liabilities of the Firefighters’ Retirement System created by section 33.73, to be invested and utilized as provided 00700515-1 2 8.19.16 in sections 33.74 through 33.91. Effective October 1, 2016, all active, terminated and retired firefighter members of the City of Delray Beach Police and Firefighters Retirement System and their beneficiaries shall become members and beneficiaries of the Firefighters’ Retirement System, and shall be entitled to benefits as provided in sections 33.74 through 33.91. (D) In determining the assets and liabilities of the City of Delray Beach Police and Firefighters Retirement System attributable to police officers and firefighters as provided in subsections (B) and (C) above, the actuary shall utilize one of the following methods: (1) the ratio of the present value of accrued benefits for each of the police officer and firefighter members (and beneficiaries of such members, if applicable) to the total present value of accrued benefits; (2) a methodology based on the funded ratio of the Police Officers’ Retirement System and Firefighters’ Retirement System, which shall be the same as the funded ratio of the City of Delray Beach Police and Firefighters Retirement System on the date of the most recent actuarial valuation; or (3) such other method as may be approved by the board of trustees of the City of Delray Beach Police and Firefighters Retirement System. (E) Effective October 1, 2016, all existing contracts of the City of Delray Beach Police and Firefighters Retirement System shall become contracts of the Police Officers’ Retirement System and Firefighters’ Retirement System, and the board of trustees of each system shall work with each contractor to revise the contractor’s fees and other contract terms, as appropriate, to reflect the assets of each system and any other changes in the scope of the contractor’s duties resulting from the change in the structure of the plans. All investment holdings of the City of Delray Beach Police and Firefighters Retirement System shall be divided, to the extent legally permissible, in the same proportion as the assets attributable to police officers and firefighters as provided in subsection (D) above, and shall become holdings of the Police Officers’ Retirement System and Firefighters’ Retirement System, respectively. (F) Effective October 1, 2016, the plan administrator for the City of Delray Beach Police and Firefighters Retirement System shall become the plan administrator for the Police Officers’ Retirement System and the Firefighters’ Retirement System, and shall work with the board of trustees for each system to implement and facilitate the provisions of this section 33.58 and the other changes in this Chapter, and shall continue to act as plan administrator until otherwise determined by each board of trustees. During the period prior to October 1, 2016, the board of trustees of the City of Delray Beach Police and Firefighters Retirement System shall take all necessary and appropriate action to implement and facilitate the provisions of this section 33.58 and the other changes in this Chapter, and to ensure that the benefits due retired plan members and beneficiaries are not interrupted and that any benefit applications submitted by plan members are processed in a timely manner. Commencing October 1, 2016, the boards of trustees for the Police Officers’ Retirement System and Firefighters’ Retirement System shall take all necessary and appropriate action to implement and facilitate the provisions of this section 33.58 and the other changes in this Chapter, and to ensure that the benefits due retired plan 00700515-1 3 8.19.16 members are not interrupted and that any benefit applications submitted by plan members are processed in a timely manner. (G) The board of trustees for the City of Delray Beach Police and Firefighters Retirement System in effect prior to October 1, 2016, may continue to operate in a ministerial capacity on and after that date through November 30, 2016, for the sole purpose of facilitating the separation of the police officers’ and firefighters’ retirement systems, allocating and transferring the assets and liabilities to the Police Officers’ Retirement System and the Firefighters’ Retirement System, and otherwise implementing the provisions of this section 33.58 and the other changes in this Chapter. However, if all assets and liabilities of the City of Delray Beach Police and Firefighters Retirement System are transferred to the police officers’ and firefighters’ retirement systems sooner than November 30, 2016, the board of trustees for the City of Delray Beach Police and Firefighters Retirement System shall cease to exist on the date that all assets and liabilities have been transferred, and the terms of the trustees of that system shall expire on the same date. POLICE OFFICERS’ RETIREMENT SYSTEM PENSIONS Sec. 33.59. – Establishment of Police Officers’ Retirement System. Effective October 1, 2016, the City of Delray Beach Police Officers’ Retirement System is established to continue providing retirement benefits to City police officers and their beneficiaries, as provided in sections 33.60 through 33.74 below. Sec. 33.60. - DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Actuarial equivalence or Actuarially equivalent. This term shall mean that any benefit payable under the terms of the pension fund in a form other than the normal retirement pension shall have the same actuarial present value on the date payment commences as the normal retirement pension. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using seven (7) percent interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five (5) years in the case of disability retirees. Agreement. The written instrument setting forth the provisions of the retirement system. Average monthly earnings. (1) One thirty-sixth of the arithmetical average for the highest consecutive thirty-six-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on 00700515-1 4 8.19.16 a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive twenty-four-month period, as calculated prior to. March 11,2004the effective date of Ordinance No. 17-04. (2) Notwithstanding paragraph (1) above, for police officer members hired after July 7, 2015, average monthly earnings means one-sixtieth of the arithmetical average for the highest five (5) years of the last ten (10) years preceding the actual retirement or termination of the member. (3) In addition to other applicable limitations set forth in the plan, and notwithstanding any other provisions of the plan to the contrary, for the plan years beginning on or after January 1, 1996, the annual compensation of each member taken into account under the plan shall not exceed the annual compensation limit of Section 401(a)(17)(B) of the Internal Revenue Code, as amended for cost of living increases, which is incorporated herein by reference. Beneficiary. The person entitled to receive benefits hereunder at the death of a member who has been designated in writing by the member and filed with the Board of Trustees. If no designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. Board. The Board of Trustees which shall administer and manage the system herein provided and serve as Trustee of the Trust Fund. City. The City of Delray Beach, Florida. Continuous service. (1) Uninterrupted service by a member (expressed as years and completed months) from the date he last entered employment as an employee until the date his employment is terminated by death, disability, retirement, resignation or discharge. (2) However, the continuous service of any member shall not be deemed to be interrupted by: (a) Any authorized leave of absence or vacation, provided all members similarly situated in similar circumstances shall be treated alike pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for computation purposes under the system shall be allowed for any such period of leave of absence. (b) Any service, whether voluntary or involuntary, in the armed forces of the United States, provided the member is legally entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 and any amendments thereto, or any law applicable to such reemployment, and provided that a member shall apply for reemployment within three (3) months following termination of such service, or as otherwise allowed by the Uniformed Services Employment and Reemployment Rights Act of 1994, and any amendments thereto. Nothing aforementioned shall serve to reduce the accrued accredited services of the members on the effective date of the plan. (3) Continuous service shall also include, for reemployed members, those years and completed months for which the reemployed member had withdrawn his contributions 00700515-1 5 8.19.16 to the Trust Fund, where the reemployed member repays into the Fund the contributions he had withdrawn, with interest based upon the plan's annual total rate of return for the pension funds, as computed by the actuaries or the City, for those years and completed months, within ninety (90) days after his reemployment date. A reemployed member may also repay only a portion of the withdrawn funds with interest and receive a like credit for continuous service; however, repayments, whether partial or total, shall only be permitted once within the ninety-day limit. (4) For members who are employed by the City on or after the effective date of this Section who have five (5) or more years of continuous service based on City employment, continuous service shall also include up to three (3) years of active service in the U.S. armed forces or full-time employment as a police officer or firefighter with another governmental entity prior to employment by the City, purchased by the member in accordance with this paragraph; provided the member has not received and will not receive a benefit from another retirement plan based on such prior employment. Such a member may purchase continuous service under the plan, in years and tenths of a year, for all or a portion of the period of their active service in the U.S. armed forces or full- time employment as a police officer or firefighter with another governmental entity prior to employment by the City, by paying into the plan the full actuarial cost of such continuous service, as determined by the plan actuary. Such payment may be made at any time after employment by the City, and must be made in full prior to entering the DROP or separation from City employment, whichever occurs earlier. In the event full payment is not made prior to such date, the member shall receive only the amount of continuous service, as determined by the actuary, for which the payment made, excluding interest, is the full actuarial cost. In the event a member makes payment for additional continuous service in accordance with this paragraph prior to attaining five (5) years of continuous service based on City employment, and separates from City employment before attaining five (5) years of continuous service based on City employment, such member shall receive a full refund of all payments made, plus interest based on the assumed rate of return of the plan. A member purchasing such additional continuous service must pay the full cost of any actuarial calculations required. Payment for the purchase of continuous service pursuant to this paragraph may be made using any one or a combination of the following options: a) [Cash Payment.] Cash lump sum payment. b) [Direct Transfer; Rollover.] Direct transfer or rollover of an eligible rollover distribution from a qualified plan, in accordance with Section 33.70. c) Time Payment Plan. Under this option the member may elect to pay any remaining balance due for the purchase of continuous service through payroll deduction on a time payment plan over a period of not more than five (5) years, as approved by the Retirement Committee. Interest on such payments shall be paid based on the assumed rate of return of the plan. Payments deducted from an employee's pay shall be designated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code. Earnings. Prior to October 1, 2006, earnings shall mean base wages paid to a member, including state education compensation, police basic education and police career education 00700515-1 6 8.19.16 compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for firefighter members shall mean base wages paid to the member including state education compensation and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for police officer members, shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation and up to twenty-five (25) hours of overtime compensation per fiscal year, but excluding bonuses and any other payments. Effective July 7, 2015, earnings for police officer members who are employed and have less than ten (10) years of continuous service on July 7, 2015, shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation and up to twenty-five (25) hours per fiscal year of overtime compensation earned through July 7, 2015, but excluding overtime compensation earned after July 7, 2015, bonuses and any other payments. Earnings for police officer members hired after July 7, 2015 shall mean basic wages paid to the member including state education compensation, police basic education, police career education compensation, but excluding overtime compensation, bonuses and any other payments. Effective date. April 22, 1974. Eligible retired public safety officer. An member who, by reason of disability or attainment of normal retirement age, is separated from service as a public safety officer. Employee. All employees of the City classified as full-time, sworn police officers, as defined on the effective date in F.S. Section 185.02, or classified as police officers in training, or classified as volunteer or regular, full-time firefighters, as defined on the effective date in F.S. Section; 175.032, but shall exclude all civilian members of the Police Department or Fire-Rescue Department, and the Police Chief and Fire-Rescue Chief upon his or her their written election not to participate in the system. Fund. The Trust Fund established herein as part of the system. Member. An employee who fulfills the prescribed participation requirements. Police Officer Member. A police officer member is any employee who satisfies the conditions of eligibility set forth in section 33.61 who is included in the police officers and sergeants bargaining unit or not included in any bargaining unit on the effective date of this ordinance. A police officer member shall also include members of the police lieutenants bargaining unit upon ratification of a collective bargaining agreement containing the provisions of this ordinance. Public safety officer. The term "public safety officer" shall have the same meaning given such term by section 1204(9)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(9)(A)). Qualified Health Insurance Premiums. Premiums for coverage for the eligible retired public safety officer, his spouse, and dependents (as defined in Section 152 of the Internal Revenue Code), by an accident or health plan or qualified long-term care insurance contract (as defined in Section 7702B(b) of the Internal Revenue Code). 00700515-1 7 8.19.16 Qualified Military Service. Any service in the uniformed service (as defined in chapter 43 of title 38, United States Code) by any individual if such individual is entitled to reemployment rights under such chapter with respect to such service (Section 414(u)(5) of the Internal Revenue Code). Spouse. The lawful wife or husband of a member at time of retirement orand death. System. The City Police Officers’ and Firefighters Retirement System as contained herein and all amendments thereto. USERRA. Uniformed Services Employment and Reemployment Rights Act (P.L. 103-353). Sec. 33.61. - MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION. (A) Conditions of eligibility. (1) Employees, as defined in Section 33.60, who are covered under the retirement program provided under F.S. Chapters 175 and 185, as of the effective date, shall become members of this system as a condition of employment. (2) Any employee who is a member of the City's retirement plan for general employees at the time of adoption of this retirement system may become a member of this system provided he elects to transfer his employee contribution account from the retirement plan for general employees to this system, which he is authorized to do by this subchapter, and provided he also deposits to the Trust Fund, on the basis of procedures established by the Board of Trustees, an amount equal to the additional moneys he would have contributed had he always been covered under F.S. Chapters 175 and 185, plus interest in an amount to be determined by the Board. (3) Any other employee shall, as a condition of employment, become a member upon employment. (B) Application. Each eligible employee shall complete an application form covering the following points, as well as any other points or items as may be prescribed by the Board. (1) The employee's acceptance of the terms and conditions of the retirement system, including an initialing of any declaration of ineligibility for disability benefits; (2) The employee's designation of a beneficiary; and (3) Authorization of a payroll deduction payable to the system in the amount provided for in Section 33.64(A). (C) Change in Designation of Beneficiary. (1) A member, including a member who has elected to participate in the Deferred Retirement Option Plan pursuant to Section 33.685, shall designate the joint annuitant or beneficiary to receive the benefit, if any, payable under the plan in the event of the member's death, on a form provided by the Board of Trustees. 00700515-1 8 8.19.16 (2) The member may revoke or change the designation of a joint annuitant or beneficiary at any time prior to the commencement of retirement income or benefits, or prior to the member's entry into the Deferred Retirement Option Plan, by submitting such change in writing on a form provided by the Board of Trustees. (3) A retired member, including a retired member who is a participant in the Deferred Retirement Option Plan may change the designation of the member's joint annuitant or beneficiary after the commencement of retirement income or benefits up to two (2) times without the approval of the Board of Trustees. Any additional changes must be approved by the Board of Trustees. A retiree need not provide proof of the good health of the joint annuitant or beneficiary being removed, and the joint annuitant or beneficiary being removed need not be living. The consent of the retiree's joint annuitant or beneficiary to any change in such designation shall not be required. The member must pay the full cost of determining the equivalent actuarial value of the benefit payable. The amount of retirement income payable to the member upon the designation of a new joint annuitant shall be actuarially redetermined, taking into account the benefits already received by the member, and the age and sex of the former joint annuitant, the new joint annuitant and the member. Each designation of a joint annuitant or beneficiary shall be made in writing on a form provided by the Board of Trustees. Upon a change in designation of joint annuitant or beneficiary, the rights of all previously designated joint annuitants or beneficiaries to receive any benefit under the system shall cease. Sec. 33.62. - BENEFIT AMOUNTS AND ELIGIBILITY. (A) Normal Retirement Date. This term shall have the following meanings: (1) For employees who are eligible to become members of the system as of its effective date, the normal retirement date shall be the date of their fifty-second (52nd) birthday, regardless of the number of years of continuous service. (2) For employees who are members of the system and terminate employment prior to October 1, 1989, the normal retirement date shall be the first day of the month coincidental with or subsequent to their fifty-second (52nd) birthday and the completion of twenty (20) years of continuous service. (3) For employees who are members of the system and elect to retire or terminate employment on or subsequent to October 1, 1989, the normal retirement date shall be the first day of the month coincident with or subsequent to completion of twenty (20) years of continuous service. (4) For employees who are members of the system and retire or terminate employment on or after December 31, 1999, the normal retirement date shall also be the first day of the month coincident with or subsequent to age fifty-five (55) and the completion of ten (10) years of continuous service. (5) For police officer members hired after July 7, 2015, the normal retirement date shall be the first day of the month coincident with or subsequent to age fifty-five (55) and the 00700515-1 9 8.19.16 completion of ten (10) years of continuous service, or completion of twenty-five (25) years of continuous service, regardless of age. (B) Normal Retirement Benefit (1) Normal Retirement Benefit for Firefighter Members. (a) Duration, Survivor Benefits. A firefighter member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his spouse for one year and sixty (60) percent of that amount continued thereafter until the earlier of death or remarriage. (b) Amount. Normal retirement benefits shall be in the amount of two and one-half (2½) percent of average monthly earnings for each year of continuous service for firefighter members with more than ten (10) but less than twenty (20) years of continuous service. Normal retirement benefits shall be in the amount of three (3) percent of average monthly earnings for each year of continuous service if a firefighter member has attained twenty (20) or more years of continuous service, subject to a maximum of seventy-five (75) percent of average monthly earnings. Provided, however, that in no event shall a firefighter member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. However, firefighter members as of the effective date shall receive at their normal retirement date (age fifty-two (52) regardless of years of service) the greater of the benefit provided by the formula above or fifty (50) percent of average monthly earnings. (c) Firefighter Members — Optional Enhanced Multiplier. (1) Notwithstanding any provision of the System to the contrary, a firefighter member who is actively employed by the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for each year of continuous service if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), and shall receive the enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. (2) Notwithstanding any provision of the System to the contrary, a firefighter member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) 00700515-1 10 8.19.16 percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (3) Notwithstanding any provision of the System to the contrary, a firefighter member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Firefighter members hired on or after April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph (3). (4) The election to receive the enhanced multiplier under this paragraph must be made in writing on a form provided by the City. Such election shall be irrevocable. If an eligible member does not elect an optional enhanced multiplier under this paragraph, or if an eligible member elects the enhanced multiplier for only a portion of his total continuous service, then the benefit provided in paragraph (2) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with paragraph (b), and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. (d) Upon becoming eligible for normal retirement, a firefighter member shall be one hundred (100) percent vested in his accrued benefit. (2) Normal Retirement Benefit for Police Officer Members. (1)(a) Duration, Survivor Benefits. A police officer member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his spouse for one year and 00700515-1 11 8.19.16 sixty (60) percent of that amount continued thereafter until the earlier of death or remarriage. (2)(b) Amount. Normal retirement benefits shall be in the amount of two and one-half (2½) percent of average monthly earnings for each year of continuous service for employees with more than ten (10) but less than twenty (20) years of continuous service. Normal retirement benefits shall be in the amount of three (3) percent of average monthly earnings for each year of continuous service if a police officer member has attained twenty (20) or more years of continuous service, subject to a maximum of seventy-five (75) percent of average monthly earnings. Provided, however, that in no event shall a police officer member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. However, police officer members employed on July 7, 2015 shall receive at their normal retirement date the greater of the benefit provided by the formula above or fifty (50) percent of average monthly earnings. (3)(c) Police Office Members—Optional Enhanced Multiplier. (a)(1) Notwithstanding any provision of subsection (B)(2)(b) to the contrary, a police officer member who is actively employed by the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one- half (3.5) percent of average monthly earnings for each year of continuous service if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Police officer members Members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), until July 7, 2015; and shall receive the enhanced multiplier for all periods of continuous service before that date. An election under this subparagraph must be on or before April 15, 2004. (b)(2) Notwithstanding any provision of subsection (B)(2)(b) to the contrary, a police officer member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Members Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), until July 7, 2015. Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. 00700515-1 12 8.19.16 (c)(3) Notwithstanding any provision of subsection (B)(2)(b) to the contrary, a police officer member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one- half (3.5) percent of average monthly earnings for future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Members Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), through July 7, 2015. Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Members Police officer members hired on or after April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph (3). (d)(4) If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with subsection (B)(2)(b), and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. (4)(d) Normal Retirement Benefit for Police Officer Members Effective July 7, 2015. (a)(1) Notwithstanding any other provision of this section 33.62, the normal retirement benefit for police officer members employed on July 7, 2015, and police officer members hired after July 7, 2015 shall be determined in accordance with this subparagraph (4d). (b)(2) The normal retirement benefit for police officer members with twenty (20) or more years of continuous service on July 7, 2015 shall be determined in accordance with paragraphs (2b) and (3c) above. (c)(3) The normal retirement benefit for police officer members who are employed and have less than twenty (20) years of continuous service on July 7, 2015 shall be shall be determined in accordance with paragraphs (2b) and (3c) above for continuous service through July 7, 2015, and three (3) percent of average monthly earnings for continuous service after July 7, 2015, subject to a maximum annual starting benefit of one hundred eight thousand dollars ($108,000.00); provided, in no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. 00700515-1 13 8.19.16 (d)(4) The normal retirement benefit for police officer members hired after July 7, 2015 shall be two and three-fourths (2.75) percent of average monthly earnings for each year of continuous service, subject to a maximum annual starting benefit of one hundred eight thousand dollars ($108,000.00) and further subject to a maximum benefit of sixty-eight and three-fourths (68.75) percent of average monthly earnings; provided, in no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. (5)(e) Upon becoming eligible for normal retirement, a police officer member shall be one hundred (100) percent vested in his accrued benefit. (C) Early Retirement Date. On or after December 31, 1999, a police officer member hired on or before July 7, 2015, or a firefighter member may retire on or after the early retirement date, which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of ten (10) years of continuous service. Early retirement is retirement from active employment with the City on or after the early retirement date and prior to the normal retirement date. A police officer member hired after July 7, 2015 shall not be eligible for early retirement. (D) Early Retirement Benefit. The amount of the early retirement benefit shall be determined in the same manner as the normal retirement benefit, except that continuous service and average final compensation shall be determined as of the early retirement date. The benefit payable shall be reduced by three (3) percent for each year by which the commencement of benefits precedes the normal retirement date. The early retirement benefit provided in this subsection (D) shall have no application to the early retirement incentive provided in Section 33.687. (E) Disability Retirement Provisions. (1) (a) For purposes of this system, "total and permanent disability" shall mean an injury, disease or condition which totally and permanently incapacitates a member, either physically or mentally, from his regular and continuous duty as a police officer or firefighter. A "total and permanent disability" arising directly from the performance of service to the City by a member as a police officer or firefighter shall be considered to be a service incurred disability. A "total and permanent disability" arising from any other cause or source, other than as modified below, shall be considered to be a nonservice incurred disability. A member shall not be entitled to receive a disability retirement benefit from the system if the disability is a result of: (1) Excessive and habitual use of drugs, intoxicants or narcotics; (2) Injury or disease sustained by the member while willfully and illegally participating in fights, riots, civil insurrections, or while committing a crime; (3) Injury or disease sustained by a member while serving in any of the armed forces; (4) Injury or disease sustained by the member after his employment with the City has been terminated. 00700515-1 14 8.19.16 (b) A member shall not receive a service incurred disability benefit for injury or disease sustained by the member while working (either as an employee or through some other contractual arrangement) for anyone other than the City, performing a job function the same as or related to the member's City job function, and arising out of the scope of any other employment or contractual arrangement, excepting injuries sustained by members while performing duties on behalf of the City and while within the City's jurisdiction although those injuries occurred at an outside employer's job site. In addition, a member shall not be entitled to receive a disability retirement benefit from the system on the basis of any condition which existed prior to the member's employment or which was evidenced during the member's pre-employment physical. (2) Application for Benefits. In order for the Board to consider a member's request for disability retirement benefits, the member must apply in writing to the Board. Upon receipt of proper application by the Board of Trustees, the Board of Trustees shall arrange for a physical examination of the applicant by the medical board. A further condition for receipt of disability retirement benefits from the system is that the applicant must apply for and diligently pursue disability benefits from social security and workers' compensation. Written proof of application must be submitted to the Board of Trustees. Failure of the applicant to qualify as being disabled under either the social security or workers' compensation laws may be considered by the Board of Trustees in review of that member's application or recovery from disability. (3) Medical Board. When a member submits proper application for a disability retirement benefit, the Board of Trustees shall designate a medical board to be composed of at least one physician. The medical board shall arrange for and pass upon all medical examinations required under the provisions of this subchapter, shall investigate all essential statements or certificates made by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the Board of Trustees its conclusions and recommendations upon all matters referred to it. The payment of those services shall be determined by the Board of Trustees. (4) Determination of Disability. All questions relating to eligibility for initial payment or continuance of disability benefits shall be determined by the Board of Trustees, taking into consideration the recommendations of the medical board and any other evidence of which the Board of Trustees may avail itself. The general steps which the Board of Trustees shall follow in its determination shall be as listed below, provided however, that the Board of Trustees may, in its discretion, alter or modify these steps: (a) Determine whether the member's application is proper; (b) If application is for a nonservice incurred disability, determine whether the ten (10) years of continuous service requirement has been met; (c) Based on all evidence submitted to the Board of Trustees, determine whether the applicant satisfies the definition of disability, including the absence of listed exclusions; (d) Determine whether the disability is to be considered a service-incurred disability or a nonservice disability, taking into consideration F.S. Chapters 175.231 and 185.34. 00700515-1 15 8.19.16 (e) Establish a date of disability. This date may be the date of injury causing the disability, the date when the member could no longer perform his regular and continuous duties, the date when his sick pay and vacation pay are exhausted or such other date as determined by the Board of Trustees. (5) Disability Retirement Benefits. (a) Eligibility. Each member shall be eligible for service incurred disability benefits, regardless of length of continuous service. Each member who completes ten (10) years of continuous service prior to becoming disabled shall be eligible for nonservice incurred disability benefits. (b) Initial Amount of Service Incurred Disability Benefit. The greater of sixty (60) percent of the member's average monthly earnings in effect on the date of disability or the member's accrued pension benefit. Effective for disability applications filed on or after May 3, 2011, the initial amount of service incurred disability benefit for firefighters shall be the greater of sixty-one (61) percent of the member's average monthly earnings in effect on the date of disability or the member's accrued pension benefit. (c) Amount of Nonservice Incurred Disability Benefit. Two (2) percent of average monthly earnings in effect on the date of disability for each year of continuous service; provided, however, the minimum shall not be less than twenty-five (25) percent of average monthly earnings. (d) Terms of Payments. Disability benefits shall commence on or as of the first day of the month coincident with or next following the date of disability, as established by the Board of Trustees, and shall continue to be paid on the first day of each subsequent month until the death or recovery of the disability retiree. The same survivorship percentages which apply to normal retirement benefits shall also apply to disability retirement benefits. (e) Eligibility for Other Benefits. In the event that a member applying for disability benefits is also eligible for either early or normal retirement, the Board may, upon the request of the member, pay the early or normal retirement benefit instead of a disability retirement benefit. (6) Report by Disability Retiree. (a) Each person currently receiving disability retirement benefits and each person who first qualifies for disability retirement benefits shall be required to submit to the Board of Trustees, upon a request by the Board of Trustees, a signed and notarized report which includes, but is not limited to: (1) A medical report from the disability retiree's physician stating whether the retiree is still totally incapacitated to perform the regular and continuous duties of a police officer or firefighter shall be submitted to the Board. The required physician's statement must be dated within four (4) months of the request. (2) A statement to the effect that the disability retiree understands that if the report is incomplete or incorrect, his disability benefits may be suspended or discontinued. 00700515-1 16 8.19.16 (b) In the event that the required reports are not submitted to the Board on a timely basis, or are incomplete or incorrect, the Board may, in its discretion, suspend or discontinue the disability retirement benefits. (7) Disability Affidavit. No member otherwise eligible to receive disability benefits shall be paid those benefits unless and until that member files a disability affidavit with the Board on a form furnished by the Board. By the disability affidavit, the prospective retiree shall affirm that he is acquainted and familiar with the terms and conditions of his disability retirement. In particular, he shall acknowledge the authority of the Board to require him to undergo periodic future physical examinations in order to determine whether he has recovered from disability. (8) Authority for Reexamination. Each person who first qualifies for or is then receiving disability retirement benefits on or after the effective date of this subchapter shall be subject to periodic reexamination by a medical board selected by the Board of Trustees to determine if the disability has ceased to exist. (9) Recovery from Disability. (a) In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Police Department or Fire Department, the Board shall discontinue the pension; and further, the City shall, subject to budget and qualification of the member for the position, offer the member a position with the City as a police officer or firefighter. (b) If a member shall resume his employment with the City, as a police officer or firefighter, then he may pay into the Fund an amount equal to the aggregate contributions plus interest at a rate to be determined by the Board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the Board, during the period of his disability retirement had he not been retired, and shall thereupon receive creditable service for the period of the disability retirement. In any event, that member shall retain credit for the period of continuous service to the date of disability. (F) Preretirement Death. (1) Service Incurred. A death benefit shall be payable on behalf of any member who dies as a direct result of an occurrence arising in the performance of service. These benefits are not to be limiting to other benefits available under State law. The benefits shall be payable as follows: (a) To the spouse, until the earlier of death or remarriage, a monthly benefit equal to fifty (50) percent of the member's average monthly earnings; or to a designated beneficiary or beneficiaries other than the spouse, until death, a monthly benefit equal to the actuarial equivalent of a lifetime benefit payable to the member if the amount of fifty (50) percent of the member's average monthly earnings at date of death, plus (b) (1) For each unmarried child until he or she shall have reached the age of eighteen (18) years, and for each unmarried child from age eighteen (18) until age twenty-two (22) who is a full-time student in a fully accredited high school, 00700515-1 17 8.19.16 college or university, there shall be paid in equal monthly installments, an amount equal to five (5) percent of the average monthly earnings subject to an overall limitation of a total of sixty (60) percent of average monthly earnings for the spouse and children combined. The nonstudent child's pension shall terminate on the earlier of death, marriage or the attainment of age eighteen (18). The pension of a child who is a student shall terminate on the earlier of death, marriage or the attainment of age twenty-two (22). Legally adopted children shall be eligible the same as natural children. (2) Upon remarriage or death of the spouse, the five (5) percent child allowance shall be increased to ten (10) percent for each child, not to exceed a combined total of thirty-five (35) percent of the member's average monthly earnings. The trusteeship and disbursements of the pension to any child shall be determined by the Board of Trustees. (c) Notwithstanding any provision of this subsection to the contrary, the surviving spouse of any member killed in the line of duty shall not lose death benefits upon remarriage. (2) Nonservice Incurred. If any member shall die in active service from causes not attributable to active duty or service, a death benefit shall be payable as follows: (a) With less than one year of continuous service, a single sum amount of two thousand five hundred dollars ($2,500.00) to the member's spouse or other designated beneficiary or beneficiaries, as the case may be. (b) With one but less than five (5) years of continuous service, a single sum amount of five thousand dollars ($5,000.00) to the member's spouse or other designated beneficiary or beneficiaries, as the case may be. (c) With five (5) or more years of continuous service: (1) A single sum amount of five thousand dollars ($5,000.00) to the member's spouse or other designated beneficiary or beneficiaries, as the case may be, plus (2) To the spouse until remarriage or death, in equal monthly payments, a pension equal to sixty-five (65) percent of that member's accrued pension as of date of death, subject to a minimum of twenty (20) percent of average monthly earnings; or to a designated beneficiary or beneficiaries other than the spouse, until death, a monthly benefit equal to the actuarial equivalent of a lifetime benefit payable to the member in the amount of sixty-five (65) percent of such member's accrued pension as of date of death, plus (3) To the child of the deceased member, the same benefits as are payable by reason of service incurred death, subject however, to a maximum combined limitation of monthly payments to the spouse and children of fifty (50) percent of average monthly earnings and thirty-five (35) percent after remarriage or death of spouse. (3) In the event more than one beneficiary is designated by the member, the death benefits provided in this Section shall be apportioned equally among the beneficiaries. 00700515-1 18 8.19.16 (G) Vesting. (1) If a member terminates his employment with the Police Department or Fire Departments, either voluntarily or by lawful discharge, and is not eligible for any other benefits under this system, he shall be entitled to the following: (a) Effective September 1, 1999, with less than ten (10) years of continuous service, refund of member contributions with a noncompounded simple interest rate of three (3) percent per year applied to the principal balance of the participant's contribution as accrued on December 31 of each year, per year. In the event the amount of member contributions with interest exceeds one thousand dollars ($1,000.00), the refund of member contributions and interest shall be made only upon the written request of a member or designated beneficiary. (b) With ten (10) or more years of continuous service: (1) The pension benefit accrued to his date of termination, payable commencing on the date which would have been his earliest normal retirement date had he remained in employment, provided he does not elect to withdraw his member contributions; or (2) Effective September 1, 1999, refund of member contributions with a noncompounded simple interest rate of five (5) percent per year applied to the principal balance of the participant's contribution as accrued on December 31 of each year. (2) Any member of this system who, for whatever reason, has his employment with the City as a police officer or firefighter terminated, but who remains with or was previously employed by the City in some other capacity so that his total period of employment with the City is ten (10) years or more, shall have all benefits accrued under this system preserved, provided he does not elect to withdraw his member contributions. These accrued benefits shall be payable at his otherwise normal retirement date, in accordance with the provisions of this system. For purposes of determining normal retirement date under this vesting provision, continuous service shall include all continuous employment with the City as an employee as herein defined as well as the period of time subsequent to termination as a member of this system; however, benefits shall not be payable under this system during any period of continued employment by the City. Upon the written election of the Police Chief or Fire Chief not to participate in the system, the employment of the Police Chief or Fire Chief shall be deemed terminated for the purpose of applying the provisions of this system. A Police Chief or Fire Chief who terminates his participation in this system shall not thereafter be eligible to receive benefits through this system while actively employed by the City. (H) Application of Section. The provisions set forth herein shall be applicable to all current and future members of the plan, except those members who retired, entered the DROP plan, or terminated employment prior to August 17, 1999the effective date of this ordinance. Members who retired, entered the DROP plan, or terminated employment prior to August 17,1999 shall receive benefits in accordance with the plan provisions in effect on the date of their retirement, entry into the DROP plan, or termination, whichever is earliest. 00700515-1 19 8.19.16 (I) Maximum Benefits. A member may not receive a pension or disability benefit which exceeds the lesser of: (1) One hundred (100) percent of the member's average compensation for the highest three (3) consecutive years as a member in the pension fund, or one hundred (100) percent of the member's average monthly earnings for the highest five of the last ten years of service for members hired after July 7, 2015; or (2) A maximum annual starting benefit of one hundred thousand dollars ($108,000.00); provided, in no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service; or (32)The maximum amount allowed under Section 415 of the Internal Revenue Code (increased to reflect the cost-of-living adjustment factor prescribed under Section 415(d) of the Internal Revenue Code), that is incorporated herein by reference. Notwithstanding any other provision of the system to the contrary, the annual benefit to which a member is entitled under the system shall not, in any limitation year, be in an amount which would exceed the applicable limitations under Section 415 of the Internal Revenue Code and the regulations issued thereunder. If the benefit payable under the system would (but for this section) exceed the limitations of Section 415 of the [Internal Revenue] Code by reason of a benefit payable under another defined benefit plan aggregated with this system under [Internal Revenue] Code Section 415(f), the benefit under this system shall be reduced only after all reductions have been made under such other plan. As of January 1 of each calendar year commencing on or after January 1, 2008, the dollar limitation as determined by the Commissioner of the Internal Revenue Service for that calendar year, adjusted for the member's age in accordance with the applicable IRS regulations, shall become effective as the maximum permissible dollar amount of benefit payable under the system during the limitation year ending within that calendar year. (J) Required Payment of Pension Benefits. Pension benefits shall begin no later than April 1 of the calendar year following the calendar year in which the member retires, or in which the member attains age seventy and one-half (70½), even if the member has not filed a claim for pension benefits. In addition, payment of benefits shall be made in accordance with the applicable provisions of Section 401(a)(9) of the Internal Revenue Code, which is incorporated herein by reference. Notwithstanding any other provision of this plan to the contrary, a form of retirement income payable from this plan, shall satisfy the following conditions: (1) If the retirement income is payable before the member's death: a. It shall either be distributed or commence to the member not later than April 1 of the calendar year following the later of the calendar year in which the member attains age 70½, or the calendar year in which the member retires; b. The distribution shall commence not later than the calendar year defined above; and (i) shall be paid over the life of the member or over the lifetimes of the member and spouse, issue or dependent, or (ii) shall be paid over the period extending not beyond the life expectancy of the member and spouse, issue or dependent. 00700515-1 20 8.19.16 Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the member dies before his entire interest in the plan has been distributed, the remaining portion of such interest in the plan shall be distributed no less rapidly than under the form of distribution in effect at the time of the member's death. (2) If the member's death occurs before the distribution of his interest in the plan has commenced, member's entire interest in the plan shall be distributed within five (5) years of member's death, unless it is to be distributed in accordance with the following rules: a. The member's remaining interest in the plan is payable to his spouse, issue or dependent; b. The remaining interest is to be distributed over the life of the spouse, issue or dependent or over a period not extending beyond the life expectancy of the spouse, issue or dependent; and c. Such distribution begins within one year of the member's death unless the member's spouse, is the sole designated beneficiary, in which case the distribution need not begin before the date on which the member would have attained age 70½ and if the member's spouse dies before the distribution to the spouse begins, this section shall be applied as if the spouse were the member. (K) Qualified Health Insurance Premiums. Upon the written request of the member, a distribution hereunder, or part thereof, shall be paid directly to an insurer on account of the qualified health insurance premiums payable by such member who is an eligible retired public safety officer, in accordance with the applicable provisions and limitations in Section 402 of the Internal Revenue Code. Sec. 33.63. - OPTIONAL FORMS OF BENEFITS. Each member entitled to a normal, early or disability retirement benefit shall have the right at any time prior to his actual retirement to elect to have his benefit payable under any one of the options hereinafter set forth in lieu of the benefits otherwise provided herein, and to revoke any elections and make a new election at any time prior to actual retirement. The value of optional benefits shall be actuarially equivalent to the value of benefits otherwise payable. The member shall make an election by written request to the Board of Trustees, this request being retained in the Board's files. (A) Option 1. Joint and Last Survivor Option. A retiring member may elect to receive an actuarially adjusted retirement benefit during his lifetime and have such retirement benefit (including seventy-five (75) percent, sixty-six and sixty-six one hundredths (66.66) percent or fifty (50) percent thereof) continued after his death to and during the lifetime of a designated joint annuitant. The election of Option 1 shall be null and void if the designated joint annuitant dies before the member's retirement, unless the member designates another joint annuitant in accordance with Subsection 33.61(C). In addition, the member may elect to add a "pop-up" feature to his joint and survivor option, then, upon the death of his joint annuitant, the amount of his monthly payment will be increased to the amount of a straight life annuity and such amount will be payable as of 00700515-1 21 8.19.16 the first day of each month after the death of his joint annuitant for the remainder of his lifetime. A member electing to add the pop-up feature to his joint and survivor option will have his monthly benefit under this Option 1 actuarially reduced to take into account the addition of the pop-up feature. (B) Option 2. Ten Years Certain and Life Thereafter. A retiring member may elect to receive a retirement benefit with one hundred twenty (120) monthly payments guaranteed. If, after retiring, the member should die before the one hundred twenty (120) monthly payments are made, payments are then continued to his designated beneficiary until one hundred twenty (120) payments in all have been made, at which time benefits cease. After expiration of the one hundred twenty (120) monthly payments guaranteed, should the retired member be then alive, payments shall be continued during his remaining lifetime. Notwithstanding any other provision of the plan to the contrary, this option (Option 2) shall be the normal form of benefit for unmarried employees who retire from active service on or after December 31, 1999. (C) Option 3. Other. In lieu of the other optional forms enumerated in this Section, retirement benefits may be paid in any form approved by the Board so long as actuarial equivalence with the benefits otherwise payable is maintained. Sec. 33.64. - CONTRIBUTIONS. (A) Member Contributions. (1) Effective the first pay period after September 1, 1999, members of the retirement system shall make regular contributions to the Trust Fund at a rate equal to three (3) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (2) Effective the first pay period starting after May 3, 2011, members of the retirement system employed as firefighters shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (3) Effective the first pay period starting after October 4, 2011, members of the retirement system employed as police officers shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. 00700515-1 22 8.19.16 (3)(4) Notwithstanding any other provision of this section 34.64, members of the retirement system hired on or after April 9, 2013 shall make regular contributions to the Trust Fund at a rate equal to nine (9) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (4)(5) Notwithstanding any other provision of this Section 34.64, police officer Members employed on July 7, 2015 shall make regular contributions to the Trust Fund at a rate equal to nine (9) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has earned the maximum normal retirement benefit payable under the System. (2)(6) The City shall pick up the member contribution required by subsections (A)(1), (A)(2), (A)(3) and (A)(4) above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. The City shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the Internal Revenue Code. No employee shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City to the System. (B) State Contributions. Any moneys received or receivable by reason of laws of the State, for the express purpose of funding and paying for retirement benefits for Police Officers and Firefighters of the City shall be deposited in the Trust Fund comprising part of this system. By mutual agreement of the City and police officers’ union, all annual premium tax moneys received pursuant to Chapter 185, Florida Statutes, up to the amount received during the 2013 calendar year ($606,595) shall be used to offset the cost of current benefits by reducing the City’s annual required contribution to the system. The City and police officers’ union have further mutually agreed that all accumulated excess premium tax monies held in reserve on September 8, 2016 will be used to pay down the unfunded liability attributable to police officers. (C) City Contributions. So long as this system is in effect, the City shall make an annual contribution to the Trust Fund during the first quarter of the plan year or in quarterly installments in an amount equal to the difference in each year as between the total of aggregate member contributions for the year plus State contributions for the year and the total cost for the year as shown by the most recent actuarial valuation and report for the system. The total cost for any year shall be defined as the total of normal cost plus the 00700515-1 23 8.19.16 additional amount sufficient to amortize the unfunded accrued past service liability over a forty-year period not greater than thirty (30) yearscommencing with the effective date of this system. (D) Guaranteed Refund of Member Contributions. All benefits payable under this system are in lieu of a refund of member contributions. Effective September 1, 1999, employees who terminate employment with less than ten (10) years of continuous service, upon the election to receive a refund of member contributions, shall receive a noncompounded simple interest rate of three (3) percent per year applied to the principal balance of the participant's contributions as accrued on December 31 of each year. Effective September 1, 1999, employees who terminate employment with ten (10) years or more of continuous service, upon the election to receive a refund of member contributions, shall receive a noncompounded simple interest rate of five (5) percent per year applied to the principal balance of the participant's contribution as accrued on December 31 of each year. In any event, each member shall be guaranteed the payment of benefits at least equal in total amount to his accumulated contributions plus interest as provided herein. (E) Miscellaneous. (1) All moneys which have been funded by the members' contributions and the City's contributions, and moneys from all outside sources such as private contributions, or those contributions made by the State or any other firms or corporations or companies invested into any basic or secondary pension plan for the retirement of any employee who shall be included in this fund, including any interest gathered by these moneys, shall be transferred into this fund to be known as the City Police Officers’ and Firefighters' Retirement Fund. (2) All beneficiaries and retired members presently receiving benefits under F.S. Chapters 175 and 185 shall continue to receive those benefits under this system. (F) Any forfeitures that may arise upon the termination of a member's employment shall be used to offset the subsequent cost of the City. Such forfeitures shall not be used to increase benefits of remaining members. Sec. 33.65. - ADMINISTRATION. (A) Effective October 1, 2016, the general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter are vested in a Board of Trustees consisting of nine (9) five (5) persons as follows: (1) One (1) legal resident of the City to be appointed by the City Commission; (2) The Police Chief or a police officer (with a minimum rank of Captain) designated by the Police Chief (3) Two (2) full-time City police officers as defined in section 185.02, Florida Statutes, to be elected by all active members as provided herein; and 00700515-1 24 8.19.16 (4) A fifth member, who shall be chosen by a majority of the other four members. Such person’s name shall be submitted to the City Commission, which shall, as a ministerial act, appoint such person to the Board of Trustees. (B) Each appointed trustee shall serve as trustee for a period of four (4) years, unless sooner replaced by the City Commission, at whose pleasure he or she serves, and may succeed himself or herself as a trustee. Each elected police officer trustee shall serve as trustee for a period of four (4) years, unless he or she sooner leaves the employment of the City as a police officer, whereupon a successor shall be chosen in the same manner as the original election. Each elected police officer trustee may succeed himself or herself in office. The fifth member shall have the same rights and duties as the other trustees, shall serve as trustee for a period of two (2) years, and may succeed himself or herself in office. (C) The elective trustees shall be elected in the following manner: by vote of all active police officer members at meetings to be held at places designated by the City Manager, of which meetings all qualified members entitled to vote shall be notified in person or by mail ten (10) days in advance of the meeting. The candidate receiving the highest number of votes for each office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected or as soon thereafter as he shall qualify therefor. An election shall be held not more than thirty (30) and not less than ten (10) days prior to the commencement of the terms for which trustees are to be elected. The City Manager shall establish the election procedure for the initial election. Thereafter, it shall be the duty of the board of trustees. The board of trustees shall meet, organize and elect one of their members as chairperson and one member as vice chairperson, within thirty (30) days after trustees are elected and duly qualified, and annually thereafter. (1) The Mayor; or a person nominated by the Mayor (who meets the requirements of Section 32.07 of the Code of Ordinances) and approved by the Commission; (2) Two (2) public members, one of whom may be a City Commissioner, to be appointed by the City Commission as hereinafter provided; (3) The Fire Chief or a firefighter (with a minimum rank of Chief Officer) designated by the Fire Chief; (4) The Police Chief or a police officer (with a minimum rank of Captain) designated by the Police Chief; (5) Two (2) members of the Fire Department to be elected as hereinafter provided; (6) Two (2) members of the Police Department to be elected as hereinafter provided. (B) The term of office of each appointed and elected trustee shall be two (2) years. except that the initial terms within each category above shall be for two (2) and three (3) years. The initial terms shall commence on the effective date of this system. Initially in each elective category, the trustee receiving the most votes shall serve a three-year term, the second most votes a two-year term. (C) The trustees shall be selected in the following manner, to wit: by vote of all active members of each of those respective departments who come within the purview of this subchapter at meetings to be held at places designated by the City Manager, of which meetings all qualified members entitled to vote shall be notified in person or by mail ten 00700515-1 25 8.19.16 (10) days in advance of the meeting. The candidate receiving the highest number of votes for each office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected or as soon thereafter as he shall qualify therefor. An election shall be held not more than thirty (30) and not less than ten (10) days prior to the commencement of the terms for which trustees are to be elected. The City Manager shall establish the election procedure for the initial election. Thereafter, it shall be the duty of the Board of Trustees. The Board of Trustees shall meet, organize and elect one of their members as Chairperson and one member as Vice Chairperson, within ten (10) days after trustees are elected and duly qualified. (D) If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (E) The trustees shall serve without compensation, but they may be reimbursed from the Trust Fund for all necessary expenses which they may actually expend through service on the Board. (F) Each trustee shall, within ten (10) days after his appointment or election, take an oath of office before the City Clerk, that so far as it develops upon him he will diligently and honestly administer the affairs of the Board, and that he will not knowingly violate or willingly permit to be violated any of the provisions of the law applicable to the retirement system. The oath shall be subscribed to by the members making it and certified by the Clerk and filed in the office of the City Clerk. (G) Each trustee shall be entitled to one vote on the Board. Three (3) Five (5) affirmative votes shall be necessary for a decision by the trustees at any meeting of the Board. The Chairperson shall have the right to one vote only. (H) Subject to the limitations of this subchapter, the Board of Trustees shall from time to time establish uniform rules and regulations for the administration of funds created by this subchapter and for transactions of its business, including provisions for expulsion due to nonattendance of its members which could result in a vacancy. (I) The Board of Trustees shall by majority vote of its members appoint a secretary who shall be one of its members. It shall engage actuarial and other services as shall be required to transact the business of the retirement system. The compensation of all persons engaged by the Board of Trustees and all other expenses of the Board necessary for the operation of the retirement system shall be paid at those rates and in amounts as the Board of Trustees shall agree. Funds may be disbursed by the City Finance Department or other disbursing agent as determined by the Board, only upon written authorization by the Board of Trustees. (J) Any trustee who neglects the duties of his office as determined by the Board, may be removed by four (4) seven (7) concurring votes among the Board of Trustees. (K) The duties and responsibilities of the Board of Trustees shall include, but not necessarily be limited by, the following: (1) To construe the provisions of the system and determine all questions arising thereunder; (2) To determine all questions relating to eligibility and participation; 00700515-1 26 8.19.16 (3) To determine and certify amount of all retirement allowances or other benefits hereunder; (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system; (5) To distribute at regular intervals to employees information concerning the system; (6) To receive and process all applications for participation and benefits; (7) To authorize all payments whatsoever from the Fund and to notify in writing the disbursing agent of approved benefit payments and other expenditures arising through operation of the system and fund; (8) To have performed actuarial studies and annual actuarial valuations and make recommendations regarding any and all changes in the provisions of the system; (9) To perform those duties as are specified in this subchapter. Sec. 33.66. - FINANCES AND FUND MANAGEMENT. (A) As part of the system there is established the Trust Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the system. (B) The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board of Trustees. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent on authorization from the Board. (C) The Board may hire and appoint those persons, agents or entities (including corporate fiduciaries) as in its discretion may be required or advisable to enable it to perform custodial and investment duties hereunder. The Board may enter into agency, investment advisory, and custodial agreements for the purpose of securing investment and custodianship services for the system and fund. (D) (1) All funds and securities of the system may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: (a) Current amounts of accumulated contributions of members on both an individual and aggregate account basis; (b) Receipts and disbursements; (c) Benefit payments; (d) Current amounts clearly reflecting all moneys, funds and assets whatsoever attributable to contributions and deposits from the City; (e) All interest, dividends and gains (or losses) whatsoever; and (f) Any other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. 00700515-1 27 8.19.16 (2) An annual report shall be made by the certified public accounting firm performing the City's annual audit. (E) The Board of Trustees shall have the following investment powers and authority: (1) The Board of Trustees shall be vested with full legal title to the Fund; subject however and in any event to the authority and power of the City Commission to amend or terminate this trust; provided that no amendment or fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this system. All contributions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and administered by the Board or its agent in the Fund and the Board shall not be required to segregate or invest separately any portion of the Fund. (2) The Board and each trustee thereof is a fiduciary with respect to the Trust Fund, and shall exercise investment authority under this Section solely in the interest of plan members and beneficiaries, for the exclusive purpose of providing benefits to members and their beneficiaries and defraying the reasonable expenses of administering the plan. The Board shall exercise its investment authority with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person in a like capacity and familiar with such matters would use in the conduct of an enterprise with like character and like aims. (3) Notwithstanding any limitation provided in Chapter 175 or Chapter 185, Florida Statutes, or any limitation or condition contained in Section 215.47, Florida Statutes, the Board of Trustees may invest and reinvest pension fund assets in such securities, investment vehicles and property wherever situated and of whatever kind, as the Board shall approve in the exercise of its fiduciary duty and authority, including but not limited to common or preferred stocks, bonds and other evidences of indebtedness or ownership. The Board may invest up to twenty-five (25) percent of fund assets, on a market-value basis in foreign securities. (4) The Board shall adopt and periodically update a written investment policy in accordance with Section 112.661, Florida Statutes. All investments approved by the Board shall be in accordance with the investment policy. The Board shall provide a copy of the investment policy and any revisions thereto to the City Manager, in accordance with Section 112.661, Florida Statutes. (5) The Board shall provide a quarterly financial report to the City Manager no later than thirty (30) days following the end of each calendar quarter, which report shall include a summary reflecting the total market value of the fund at the beginning and end of the quarter, total investment gains and losses during the quarter, and a summary of the market value and investment gains and losses during the quarter for each manager responsible for investing fund assets. The Board shall also provide a copy of all reports from the Board's investment consultant to the City Manager within five (5) days following the Board's approval or review of such reports. (6) The Board may retain in cash or unproductive of income an amount of the Fund as it may deem advisable, having regard for the cash requirements of the system. 00700515-1 28 8.19.16 (7) Neither the Board nor any person or entity shall be liable for the making, retention, or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his own negligence, willful misconduct, or lack of good faith. (8) The Board may cause any investment in securities held by it to be Registered in or transferred into its name as trustee or into the name of the nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. (9) The Board is empowered, but is not required, to vote upon any stocks, bonds or securities of any corporation, association or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalizations, consolidations and similar transactions with respect to those securities; to deposit stock or other securities in any voting trust or any protective or like committee or with the trustees or with depositaries designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally, to exercise any of the powers of an owner with respect to stocks, bonds or other investments, comprising the Fund which it may deem to be to the best interest of the Fund to exercise. (10) The Board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power herein contained. (11) Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as trustee under this subchapter, can reasonably be taken or performed only after receipt by it from a member, the City or any other entity of specific information, certification, direction or instructions, the Board shall be free of liability in failing to take any action or perform any duty or function until that information, certification, direction or instruction has been received by it. (12) Any overpayments or underpayments from the Fund to a member or beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board. Overpayments shall be charged against payments next succeeding the correction. Underpayments shall be made up from the Trust Fund. (13) The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for and shall be under no obligation to inquire into the sufficiency of the payments made into the Fund by the City. (14) In any application to or proceeding or action in the courts, only the City and the Board shall be necessary parties, and no member or other person having an interest in the Fund shall be entitled to any notice of service or process. Any judgment entered in that proceeding or action shall be conclusive upon all persons. (F) Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at all times maintains continuous supervision over the acts of any agent; and that legal title to the Fund shall always remain in the Board of Trustees. 00700515-1 29 8.19.16 (G) At least once every three (3) years, the Board shall retain a professionally qualified independent consultant to evaluate the performance of any existing money manager and make recommendations to the Board regarding the selection of money managers for the next investment term, in accordance with F.S. Sections 175.071(6) and 185.06(5). No change in any of the administrative provisions of the system shall be made without the approval of a majority of the Board of Trustees. Sec. 33.67. - OTHER PROVISIONS. (A) Discharged Members. Members entitled to a pension shall not forfeit the same upon dismissal from the department, but shall be retired as herein described. (B) Recovery from Disability. In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Police Department or Fire-Rescue Department, the Board of Trustees shall require the member to resume employment with the respective department and discontinue the pension; provided that if a member shall after resuming his position pay into the Fund an amount equal to the aggregate contributions plus interest at a rate to be determined by the Board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the Board, during the period of his disability retirement had he not been retired, the member shall receive creditable service for the period of disability retirement. In any event, a member shall retain credit for the period of continuous service prior to the date of disability. (C) Nonassignability. No benefit provided for herein shall be assignable or subject to garnishment for debt or for other legal process. (D) Duration of Benefits. Benefits granted to members shall be paid to them for life and shall not be revoked nor in any way diminished except as provided in this subchapter and the payments of the member to this fund shall cease upon his retirement and acceptance of a benefit or thirty (30) years of continuous service or termination. (E) Pension Validity. The Board of Trustees shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently, or illegally for any reason. The Board is empowered to purge the pension rolls of any person heretofore granted a pension under prior or existing law or hereafter granted under this subchapter if the same is found to be erroneous, fraudulent, or illegal for any reason; and to reclassify any pensioner who has heretofore under any prior or existing law, or who shall hereafter under this subchapter be erroneously, improperly or illegally classified. (F) Incompetents. If any member or beneficiary is a minor or is, in the judgment of the Board, otherwise incapable of personally receiving and giving a valid receipt for any payment due him under the system, the Board may, unless and until claims shall have been made by a duly appointed guardian or Committee of that person, make the payment or any part thereof to the person's spouse, children or other person deemed by the Board to have incurred 00700515-1 30 8.19.16 expenses or assumed responsibility for the expenses of that person. Any payment so made shall be a complete discharge of any liability under the system for the payment. (G) Miscellaneous Provisions. (1) The Board will furnish the actuary with all data required for necessary actuarial computations under the plan. (2) No payment or any benefit, contribution or other sum which would constitute a violation of any applicable wage control law shall be made hereunder. (3) The benefits for any person who was a member under F.S. Chapters 175 and Chapter 185, immediately prior to the effective date of this subchapter, shall not be less than those which he would have received under the plan prior to the effective date based on his rate of earnings in effect as of the effective date. (H) Lump-Sum Distributions in Excess of One Thousand Dollars ($1,000.00). Notwithstanding any provision of the system to the contrary, and only to the extent a lump-sum distribution is expressly authorized, a lump-sum distribution in excess of one thousand dollars ($1,000.00) shall be made only upon the written request of a member or designated beneficiary. Sec. 33.68. - SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFIT FOR MEMBERS WHO RETIRED PRIOR TO CERTAIN DATE. (A) Members and beneficiaries of members who retired prior to October 1, 1987, shall receive an increase in their retirement income calculated in accordance with Sections 33.62 and 33.63, equal to two (2) percent for each year from the date of the member's retirement through September 30, 1987. The supplemental and minimum retirement income provided in this Section shall be paid effective January 1, 1988. The supplemental retirement income provided in this Section shall not be subject to the benefit offset contained in subsections 33.62(E)(5)(e). and (E)(7). (B) Members and beneficiaries of members who retired or terminated employment prior to October 1, 1990, and began receiving benefits prior to June 28, 1993, shall receive an increase in their retirement income calculated in accordance with Sections 33.62, 33.63, 33.68(A), equal to five (5) percent. The supplemental and minimum retirement income provided in this Section shall be paid effective April 1, 1993. The supplemental retirement income provided in this Section shall not be subject to the benefit offset contained in subsections 33.62(E)(5)(e) and (E)(7). (C) Effective August 1, 1999, all participants or beneficiaries of participants who are receiving benefits under the plan prior to September 30, 1993, shall have the monthly amount of retirement income increased by five (5) percent over the gross amount they were receiving in August of 1993. Provided, however, this increase effective August 1, 1999, shall not exceed one hundred dollars ($100.00) per month. (D) Effective August 1, 1999, all participants with ten (10) or more years of credited service and designated beneficiaries of such participants who receive plan benefits that are based on or derived from the participant's normal retirement income, regardless of the participant's 00700515-1 31 8.19.16 retirement date, shall receive benefits based on a minimum monthly normal retirement income amount of at least five hundred dollars ($500.00) per month. (Ord. No. 102-87, passed 12/22/87; Am. Ord. No. 38-93, passed 6/8/93; Ord. No. 21-99, passed 7/6/99) Sec. 33.685. - DEFERRED RETIREMENT OPTION PLAN. (A) Effective January 1, 1994, any employee with at least twenty (20) but not more than thirty (30) years of continuous service as a member of the system may elect to participate in the Deferred Retirement Option Plan in accordance with this Section. (B) An employee's election to participate in the Deferred Retirement Option Plan must be made in writing and shall become effective thirty (30) days following the date it is received by the Board of Trustees, or on a later date specified by the employee. (C) An employee who elects to participate in the Deferred Retirement Option Plan may participate in such plan for a maximum of sixty (60) continuous months. If upon the effective date of the employee's election there are less than sixty (60) months before the employee attains thirty (30) years of continuous service, the employee may participate in the Deferred Retirement Option Plan only until thirty (30) years of service is attained. (D) An employee's continuous service and accrued benefit under the system shall be determined on the effective date of the employee's election to participate in the Deferred Retirement Option Plan. An employee who elects to participate in the Deferred Retirement Option Plan shall not accrue any additional continuous service or benefits under the system, except for additional benefits provided under the retirement benefit enhancement, if applicable, while participating in the Deferred Retirement Option Plan. No amounts shall be paid to an employee from the system while the employee is a participant in the Deferred Retirement Option Plan. (E) A Deferred Retirement Option Plan account shall be established for each employee who elects to participate in the Deferred Retirement Option Plan in accordance with this Section. During the period of the employee's participation in the Deferred Retirement Option Plan, the employee's normal retirement benefit, calculated in accordance with Subsection 33.62(B) based on average monthly earnings and continuous service as of the effective date of the employee's election to participate in the Deferred Retirement Option Plan, shall be paid into the employee's Deferred Retirement Option Plan account. The employee's Deferred Retirement Option Plan account shall be invested by the Board of Trustees and credited with interest equal to the overall net rate of return on retirement fund assets during the period the employee participates in the Deferred Retirement Option Plan. Effective July 1, 2001, the Board of Trustees, in its sole discretion, may select a third-party administrator and establish a separate plan for DROP accounts to be invested by participating employees in accordance with an agreement between the participating employee and the third-party administrator. Employees who are participating in the DROP as of July 1, 2001, may elect to participate in the self-directed investment program. Employees who elect to participate in the DROP after July 1, 2001, shall be required to participate in the self-directed investment program as a condition of participating in the DROP. The Board of Trustees may adopt any necessary 00700515-1 32 8.19.16 rules to administer the DROP in accordance with applicable provisions of the Internal Revenue Code and regulations adopted thereunder. (F) At the conclusion of the employee's participation in the Deferred Retirement Option Plan, and as a condition of participating in such plan, the employee will retire and terminate City employment. The employee will thereafter receive a normal retirement benefit calculated in accordance with Subsection 33.62(B) based on average monthly earnings and continuous service as of the effective date of the employee's election to participate in the Deferred Retirement Option Plan. The employee's Deferred Retirement Option Plan account will thereafter be distributed to the employee in a cash lump sum, unless the employee elects an alternative distribution as described below: (1) Payments in approximately equal monthly, quarterly or annual installments over a period designated by the employee, not to exceed the life expectancy of the employee or the joint life expectancy of the employee and the employee's designated beneficiary. In the event that the employee dies before all installments have been paid, the remaining balance in the employee's Deferred Retirement Option Plan account shall be paid in an immediate cash lump sum to the employee's designated beneficiary. (2) The purchase of a nonforfeitable fixed annuity payable in such form as the employee may elect. Elections under this Subsection (2) shall be in writing and shall be made in such time or manner as the Board of Trustees shall determine. If the annuity form selected is not a qualified joint and fifty (50) percent survivor annuity with the employee's spouse as the beneficiary, the annuity payable to the employee and thereafter to the employee's beneficiary shall be subject to the incidental death benefit rule as described in section 401(a)9g of the Internal Revenue Code and applicable regulations. (G) Notwithstanding the provisions of the foregoing paragraph (F), if an employee dies before distribution of the employee's Deferred Retirement Option Plan account commences, the account balance shall be paid to the employee's beneficiary in such optional form as the beneficiary may select. (H) Except as otherwise provided in this Section, distribution of an employee's Deferred Retirement Option Plan account shall begin as soon as administratively practicable following the employee's termination of employment. An employee may, in accordance with such procedures as the Board of Trustees may prescribe, elect to defer distribution of the Deferred Retirement Option Plan account until the first day of any month coincident with or following the employee's termination of City employment; provided, however, distribution shall be made before the distribution date elected by the employee to the extent necessary to comply with the internal revenue code and regulations thereunder. Any amounts in an employee's Deferred Retirement Option Plan account shall continue to be invested by the Board of Trustees and shall be credited with the net investment return on the Fund until the balance of the Deferred Retirement Option Plan account is fully distributed to the employee or the employee's beneficiary. (I) In no event shall the provisions of this Section operate so as to allow the distribution of an employee's Deferred Retirement Option Plan account to begin later than April 1 following the later of the calendar year in which the employee terminates city employment or attains age seventy and one-half (70½). 00700515-1 33 8.19.16 (J) Notwithstanding any other provision of this Section, all distributions from employee Deferred Retirement Option Plan accounts shall conform to applicable provisions of the Internal Revenue Code and regulations issued thereunder. (Ord. No. 85-93, passed 1/25/94; Ord. No. 36-01, § 1, passed 6/19/01; Ord. No. 18-08, § 2, passed 4/1/08) Sec. 33.687. - EARLY RETIREMENT INCENTIVE. (A) Effective January 1, 1994, an early retirement incentive shall be provided to employees in accordance with this Section. The availability of the early retirement incentive in any calendar year shall be determined by the City. (B) Employees with eighteen (18) and up to, but not including, twenty (20) years of continuous service shall be eligible for the early retirement incentive. In any calendar year in which the City determines that the early retirement incentive will be offered, eligible employees shall be given an opportunity to decide within a specified time period (thirty (30) to ninety (90) days) whether they wish to receive the early retirement incentive and retire from city employment. The City will provide at least sixty (60) days' advance notice to eligible employees of the early retirement incentive offering, which may be limited to police officer members or firefighter members. (C) Eligible employees who elect to receive the early retirement incentive shall receive two (2) additional years of continuous service, under the System, and upon receiving such additional continuous service shall immediately retire and terminate City employment. Effective the first pay period after September 1, 1999, eligible employees who elect to receive the early retirement incentive shall receive three (3) percent of average monthly earnings for each year of continuous service if the employee qualifies for the twenty (20) year (or more) normal retirement benefit. Eligible employees who previously elected the enhanced three and one-half (3.5) percent multiplier pursuant to Section 33.62(3) and who elect to receive the early retirement incentive on or after March 15, 2004 shall receive three and one-half (3.5) percent of average monthly earnings for each year of continuous service, or portion thereof, to which the optional enhanced multiplier under Section 33.62(3) applies; and if the enhanced multiplier is applicable to more than fifty (50) percent of the employee's total continuous service, excluding the two (2) additional years provided in this section, the employee shall receive three and one-half (3.5) percent of average monthly earnings for each of the two (2) additional years provided in this section. The early retirement incentive program shall be voluntary for all eligible employees. The early retirement incentive shall not apply to sick leave, vacation or any other accruals or benefits. (D) An employee who elects to receive the early retirement incentive under this Section cannot also participate in the Deferred Retirement Option Plan under Section 33.685. Sec. 33.689. – ALLOCATION OF CHAPTER 185 PREMIUM TAX REVENUES; RETIREMENT BENEFIT ENHANCEMENT. 00700515-1 34 8.19.16 (A) Effective October 1, 1994 through the effective date of this ordinance, the benefits paid to eligible retirees or their beneficiaries shall be adjusted as provided in this Section. For the purpose of this Section, "eligible retirees" are members who retired or terminated employment after September 30, 1993, and whose date of hire as a City Police Officer or Firefighter was twenty-five (25) or more years prior to the benefit adjustment date. The benefits payable under the system to all eligible retirees or their beneficiaries shall be based on the amount of insurance premium tax revenues received by the City for the preceding plan year pursuant to F.S. Chapters 175 and Chapter 185. A minimum benefit increase of one percent per year will be provided, regardless of the amount of premium tax revenues received by the City. (B) Notwithstanding any other provision of this Section, effective September 8, 2016 all annual premium tax moneys received pursuant to Chapter 185, Florida Statutes, up to the amount received during the 2013 calendar year ($606,595) shall be used to offset the cost of current benefits by reducing the City’s annual required contribution to the system. C) By mutual agreement of the City and police union, effective September 8, 2016, all accumulated excess Chapter 185 premium tax revenues held in reserve and any other Chapter 185 premium tax money that is not allocated to pay for pension benefits shall be used to pay down the unfunded actuarial accrued liability of the system attributable to police officers. Firefighter retirees. To the extent total annual premium tax revenues received pursuant to Chapter 175, Florida Statutes, exceed one hundred ninety seven thousand nine hundred ninety-five dollars ($197,995.00), the annual one percent minimum adjustment for firefighter retirees will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of the excess premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. (C) Police officer retirees. To the extent annual premium tax revenues received pursuant to F.S. Chapter 185, exceed three hundred six thousand nine hundred twenty-seven dollars ($306,927.00) and are less than four hundred forty-six thousand four hundred seven dollars ($446,407.00), the annual one percent minimum adjustment for police officer retirees will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of such premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. Annual premium tax revenues received pursuant to Chapter 185, Florida Statutes, in excess of four hundred forty-six thousand four hundred seven dollars ($446,407.00) shall be used to provide for the inclusion of overtime compensation, up to a maximum of three hundred hours per year, that the actuary for the plan determines may be funded on an actuarially sound basis entirely with annual Chapter 185 premium tax revenues in excess of four hundred forty-six thousand four hundred seven dollars ($446,407.00). When the actuary for the plan determines that adequate premium tax revenues received pursuant to Chapter 185 in excess of four hundred forty-six thousand four hundred seven dollars ($446,407.00) annually have been allocated to fully fund on an actuarially sound basis the inclusion of 00700515-1 35 8.19.16 three hundred hours of overtime compensation annually in the earnings of active police officers who are not participating in the Deferred Retirement Option Plan, then all future additional premium tax revenues shall be used to provide the annual benefit adjustment for police officer retirees. (D) The annual benefit adjustment provided under this Section shall be compounded annually (i.e. the increase shall be based on the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits payable under the system to all eligible retirees or their beneficiaries shall be adjusted annually on the anniversary of the retiree's first benefit payment. Disability retirees and their beneficiaries are not eligible to receive the retirement benefit enhancement. (E) Notwithstanding any other provision of this Section 33.689, effective July 7, 2015 no further benefit enhancement or benefit adjustment shall be paid to police officer retirees, other than the one percent per year benefit increase provided in subsection (A) above. Sec. 33.69. - INCORPORATION OF STATE LAW BY REFERENCE. F.S. Sections 175.101 through 175.121 and 175.131 through 175.151 (excise tax on property insurance premiums to be deposited in the Municipal Firefighters' and Police Officers' Pension Trust Fund) and F.S. Sections 185.07 through 185.09 (excise tax on casualty insurance premiums to be deposited in Municipal Firefighters' and Police Officers' Pension Trust Fund) are hereby incorporated by reference as if fully set forth herein as required by F.S. Sections 175.321 and 185.35. Sec. 33.70. - DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. (A) General. This Section applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (B) Definitions. (1) Eligible Rollover Distribution. Any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income. (2) Eligible Retirement Plan. An eligible retirement plan is an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403 (a) of the Internal Revenue Code, a qualified trust described in 00700515-1 36 8.19.16 Section 401 (a) of the Internal Revenue Code, an eligible deferred compensation plan described in Section 457(b) of the Internal Revenue Code which is maintained by an eligible employer described in Section 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in Section 403 (b) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. (3) Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. Effective as of January 1, 2008, an Employee's or former Employee's non-spouse Beneficiary is a distributee with regard to the interest of the Employee or former Employee. (4) Direct Rollover. A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. Effective as of January 1, 2008, a non-spouse Beneficiary may make a direct rollover only to an "inherited" individual retirement account as described in Section 408(b) of the Internal Revenue Code. If a non-spouse Beneficiary receives a distribution from the plan, the distribution is not eligible for a 60- day (non-direct) rollover. (C) Rollovers or Transfers into the Fund. On or after the effective date of this Section, the fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of continuous service or an enhanced multiplier as authorized under the plan, as follows: the fund will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in Section 401(a) or 403(a) of the Internal Revenue Code, from an annuity contract described in Section 403(b) of the Internal Revenue Code, or from an eligible plan under Section 457(b) of the Internal Revenue Code, which is maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State. Sec. 33.71. - SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE. (A) The years or parts of a year that a member serves in Qualified Military Service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from city employment, shall be added to his years of credited service for all purposes, including vesting, provided that: (1) The member must return to City employment within one year from the earlier of the date of his military discharge or his release from service. (2) The maximum credit for military service pursuant to this Section shall be five (5) years. (3) In order to qualify for credited service pursuant to this Section, the member must have been discharged or released from service under honorable conditions. This Section is intended to meet or exceed the minimum requirements of USERRA. To the extent that this Section does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards of USERRA shall apply. 00700515-1 37 8.19.16 (B) Death Benefits. In the case of a death or disability occurring on or after January 1, 2007, if a participant dies while performing Qualified Military Service, the survivors of the participant are entitled to any additional benefits (other than benefit accruals relating to the period of Qualified Military Service) provided under the plan as if the participant had resumed and then terminated employment with the City on account of death. (C) Differential Wage Payments. For years beginning after December 31, 2008, (i) an individual receiving a differential wage payment, as defined in Section 3401(h)(2) of the Internal Revenue Code, shall be treated as an employee of the employer making the payment, (ii) the differential wage payment shall be treated as compensation, and (iii) the plan shall not be treated as failing to meet the requirements of any provision described in Section 414(u)91)© of the Internal Revenue Code by reason of any contribution or benefit which is based on the differential wage payment. Sec. 33.72. - POLICE, FIREFIGHTER PENSION AGREEMENT. This ordinance is intended to comply with certain provisions of Chapter 99-1, Laws of Florida, and is not intended to change in any way the 1993 agreement on pension matters, as amended, between the City; the Board of Trustees of the Delray Beach Police Officers and Firefighters Retirement System; the Professional Firefighters of Delray Beach, Local 1842; and the Police Benevolent Association; and by adopting this article, the City does not waive any provision of the agreement. Sec. 33.7273. - TERMINATION OF THE SYSTEM. If it is determined by the City Commission that this Retirement System be terminated it shall be terminated in accordance with State law as set forth in [F.S.] Chapters 175 and 185, as thatthose Chapters now exists and as itthey may be amended in the future. FIREFIGHTERS’ RETIREMENT SYSTEM Sec. 33.73. – Establishment of Firefighters’ Retirement System. Effective October1, 2016, the City of Delray Beach Firefighters’ Retirement System is established to continue providing retirement benefits to City firefighters and their beneficiaries, as provided in sections 33.74 through 33.91 below. However, the benefit changes in sections 33.74, 33.76, and 33.86, and the change in section 33.78(B) shall take effect on the effective date of this ordinance. Sec. 33.74. - DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 00700515-1 38 8.19.16 Actuarial equivalence or Actuarially equivalent. This term shall mean that any benefit payable under the terms of the pension fund in a form other than the normal retirement pension shall have the same actuarial present value on the date payment commences as the normal retirement pension. For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using seven (7) percent interest and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five (5) years in the case of disability retirees. Agreement. The written instrument setting forth the provisions of the retirement system. Average monthly earnings. (1) For members hired on or before September 8, 2016, average monthly earnings means one thirty-sixth of the arithmetical average for the highest consecutive thirty-six-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive twenty-four-month period, as calculated prior to the effective date of Ordinance No. 17-04. (2) For members hired after September 8, 2016, average monthly earnings means one sixtieth of the arithmetical average for the highest five years of the last ten years preceding the actual retirement or termination of a member. (3) In addition to other applicable limitations set forth in the plan, and notwithstanding any other provisions of the plan to the contrary, for the plan years beginning on or after January 1, 1996, the annual compensation of each member taken into account under the plan shall not exceed the annual compensation limit of Section 401(a)(17)(B) of the Internal Revenue Code, as amended for cost of living increases, which is incorporated herein by reference. Beneficiary. The person entitled to receive benefits hereunder at the death of a member who has been designated in writing by the member and filed with the board of trustees. If no designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member. Board. The board of trustees which shall administer and manage the system herein provided and serve as Trustee of the Trust Fund. City. The City of Delray Beach, Florida. Continuous service. (1) Uninterrupted service by a member (expressed as years and completed months) from the date he last entered employment as an employee until the date his employment is terminated by death, disability, retirement, resignation or discharge. (2) However, the continuous service of any member shall not be deemed to be interrupted by: 00700515-1 39 8.19.16 (a) Any authorized leave of absence or vacation, provided all members similarly situated in similar circumstances shall be treated alike pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for computation purposes under the system shall be allowed for any such period of leave of absence. (b) Any service, whether voluntary or involuntary, in the armed forces of the United States, provided the member is legally entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 and any amendments thereto, or any law applicable to such reemployment, and provided that a member shall apply for reemployment within three (3) months following termination of such service, or as otherwise allowed by the Uniformed Services Employment and Reemployment Rights Act of 1994, and any amendments thereto. Nothing aforementioned shall serve to reduce the accrued accredited services of the members on the effective date of the plan. (3) Continuous service shall also include, for reemployed members, those years and completed months for which the reemployed member had withdrawn his contributions to the Trust Fund, where the reemployed member repays into the Fund the contributions he had withdrawn, with interest based upon the plan's annual total rate of return for the pension funds, as computed by the actuaries or the City, for those years and completed months, within ninety (90) days after his reemployment date. A reemployed member may also repay only a portion of the withdrawn funds with interest and receive a like credit for continuous service; however, repayments, whether partial or total, shall only be permitted once within the ninety-day limit. (4) For members who are employed by the City on or after the effective date of this Section who have five (5) or more years of continuous service based on City employment, continuous service shall also include up to three (3) years of active service in the U.S. armed forces or full- time employment as a firefighter with another governmental entity prior to employment by the City, purchased by the member in accordance with this paragraph; provided the member has not received and will not receive a benefit from another retirement plan based on such prior employment. Such a member may purchase continuous service under the plan, in years and tenths of a year, for all or a portion of the period of their active service in the U.S. armed forces or full-time employment as a firefighter with another governmental entity prior to employment by the City, by paying into the plan the full actuarial cost of such continuous service, as determined by the plan actuary. Such payment may be made at any time after employment by the City, and must be made in full prior to entering the DROP or separation from City employment, whichever occurs earlier. In the event full payment is not made prior to such date, the member shall receive only the amount of continuous service, as determined by the actuary, for which the payment made, excluding interest, is the full actuarial cost. In the event a member makes payment for additional continuous service in accordance with this paragraph prior to attaining five (5) years of continuous service based on City employment, and separates from City employment before attaining five (5) years of continuous service based on City employment, such member shall receive a full refund of all payments made, plus interest based on the assumed rate of return of the plan. A member purchasing such additional continuous service must pay the full cost of any actuarial calculations required. Payment for the purchase of continuous service pursuant to this paragraph may be made using any one or a combination of the following options: a) Cash lump sum payment. 00700515-1 40 8.19.16 b) Direct transfer or rollover of an eligible rollover distribution from a qualified plan, in accordance with Section 33.88. c) Time Payment Plan. Under this option the member may elect to pay any remaining balance due for the purchase of continuous service through payroll deduction on a time payment plan over a period of not more than five (5) years, as approved by the Retirement Committee. Interest on such payments shall be paid based on the assumed rate of return of the plan. Payments deducted from an employee's pay shall be designated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code. Earnings. Earnings shall mean base wages paid to the member including state education compensation and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective date. April 22, 1974. Eligible retired public safety officer. An member who, by reason of disability or attainment of normal retirement age, is separated from service as a public safety officer. Employee. All employees of the City classified as regular, full-time firefighters, as defined in F.S. Section; 175.032, but shall exclude all civilian members of the Fire-Rescue Department, and the Fire-Rescue Chief upon his or her written election not to participate in the system. Fund. The Trust Fund established herein as part of the system. Member. An employee who satisfies the conditions of eligibility as set forth in section 33.75. Public safety officer. The term "public safety officer" shall have the same meaning given such term by section 1204(9)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(9)(A)). Qualified Health Insurance Premiums. Premiums for coverage for the eligible retired public safety officer, his spouse, and dependents (as defined in Section 152 of the Internal Revenue Code), by an accident or health plan or qualified long-term care insurance contract (as defined in Section 7702B(b) of the Internal Revenue Code). Qualified Military Service. Any service in the uniformed service (as defined in chapter 43 of title 38, United States Code) by any individual if such individual is entitled to reemployment rights under such chapter with respect to such service (Section 414(u)(5) of the Internal Revenue Code). Spouse. The lawful wife or husband of a member at time of retirement and death. System. The City Firefighters’ Retirement System as contained herein and all amendments thereto. USERRA. Uniformed Services Employment and Reemployment Rights Act (P.L. 103-353). Sec. 33.75. - MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION. (A) Conditions of eligibility. 00700515-1 41 8.19.16 (1) Employees, as defined in Section 33.74, who are covered under the retirement program provided under F.S. Chapter 175, as of the effective date, shall become members of this system. (2) Any other employee shall, as a condition of employment, become a member upon employment. (B) Application. Each eligible employee shall complete an application form covering the following points, as well as any other points or items as may be prescribed by the board. (1) The employee's acceptance of the terms and conditions of the retirement system, including an initialing of any declaration of ineligibility for disability benefits; (2) The employee's designation of a beneficiary; and (3) Authorization of a payroll deduction payable to the system in the amount provided for in Section 33.78(A). (C) Change in Designation of Beneficiary. (1) A member, including a member who has elected to participate in the Deferred Retirement Option Plan pursuant to Section 33.84, shall designate the joint annuitant or beneficiary to receive the benefit, if any, payable under the plan in the event of the member's death, on a form provided by the board of trustees. (2) The member may revoke or change the designation of a joint annuitant or beneficiary at any time prior to the commencement of retirement income or benefits, or prior to the member's entry into the Deferred Retirement Option Plan, by submitting such change in writing on a form provided by the board of Trustees. (3) A retired member, including a retired member who is a participant in the Deferred Retirement Option Plan may change the designation of the member's joint annuitant or beneficiary after the commencement of retirement income or benefits up to two (2) times without the approval of the board of trustees. Any additional changes must be approved by the board of trustees. A retiree need not provide proof of the good health of the joint annuitant or beneficiary being removed, and the joint annuitant or beneficiary being removed need not be living. The consent of the retiree's joint annuitant or beneficiary to any change in such designation shall not be required. The member must pay the full cost of determining the equivalent actuarial value of the benefit payable. The amount of retirement income payable to the member upon the designation of a new joint annuitant shall be actuarially redetermined, taking into account the benefits already received by the member, and the age and sex of the former joint annuitant, the new joint annuitant and the member. Each designation of a joint annuitant or beneficiary shall be made in writing on a form provided by the board of trustees. Upon a change in designation of joint annuitant or beneficiary, the rights of all previously designated joint annuitants or beneficiaries to receive any benefit under the system shall cease. Sec. 33.76. - BENEFIT AMOUNTS AND ELIGIBILITY. (A) Normal Retirement Date. This term shall have the following meanings: 00700515-1 42 8.19.16 (1) For employees who are eligible to become members of the system as of its effective date, the normal retirement date shall be the date of their fifty-second (52nd) birthday, regardless of the number of years of continuous service. (2) For employees who are members of the system and terminate employment prior to October 1, 1989, the normal retirement date shall be the first day of the month coincidental with or subsequent to their fifty-second (52nd) birthday and the completion of twenty (20) years of continuous service. (3) For members who are employed on or before September 8, 2016employees who are members of the system and elect to retire or terminate employment on or subsequent to October 1, 1989, the normal retirement date shall be the first day of the month coincident with or subsequent to completion of twenty (20) years of continuous service,. (4) For employees who are members of the system and retire or terminate employment on or after December 31, 1999, the normal retirement date shall also be or the first day of the month coincident with or subsequent to age fifty-five (55) and the completion of ten (10) years of continuous service. (5) For employees who are hired after September 8, 2016, the normal retirement date shall be the first day of the month coincident with or subsequent to age fifty-five (55) and the completion of ten (10) years of continuous service, or completion of twenty-five (25) years of continuous service, regardless of age. (B) Normal Retirement Benefit . (1) Duration, Survivor Benefits. A member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his beneficiary for one year and sixty (60) percent of that amount continued thereafter until the earlier of death or remarriage. Notwithstanding the previous sentence, for members who are not eligible for normal retirement on September 8, 2016 and members hired on or after that date who retire on the normal retirement date, the monthly benefit based on continuous service after September 8, 2016 shall commence on the normal retirement date and continue thereafter during the member’s lifetime; and in the event the member dies within ten (10) years following retirement, the monthly benefit shall be paid to member’s designated beneficiary for the remainder of the ten year period. (2) Amount. (a) For members hired on or before September 8, 2016, retirement benefits shall be in the amount of two and one-half (2½) percent of average monthly earnings for each year of continuous service for members with more than ten (10) but less than twenty (20) years of continuous service. Normal retirement benefits shall be in the amount of three (3) percent of average monthly earnings for each year of continuous service if a member has attained twenty (20) or more years of continuous service, subject to a maximum of seventy-five (75) percent of average monthly earnings. Provided, however, that in no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. 00700515-1 43 8.19.16 (b) Notwithstanding any other provision of the system, the normal retirement benefit for members employed on or before September 8, 2016 shall be three (3%) percent of average monthly earnings for each year of continuous service earned after that date. (c) Notwithstanding any other provision of the system, the normal retirement benefit for members hired after September 8, 2016 shall be two and three-fourths (2.75) percent of average monthly earnings for each year of continuous service. (d) Notwithstanding any other provision of the system, effective September 8, 2016, the maximum annual benefit in the normal benefit form at the time of retirement shall be one hundred thousand dollars ($100,000.00); provided, in no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. This maximum benefit amount shall be increased annually by two (2) percent, effective October 1, 2016 and each October 1 thereafter. (3) Optional Enhanced Multiplier. (a) Notwithstanding any other provision of the system, a member who is actively employed by the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for each year of continuous service if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one- half (87.5) percent of average monthly earnings. Members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.78(A) until September 8, 2016, and shall receive the enhanced multiplier for all periods of continuous service before that date. An election under this subparagraph must be on or before April 15, 2004. (b) Notwithstanding any other provision of the system, a member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election until September 8, 2016 if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.78(A) until September 8, 2016. Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (c) Notwithstanding any other provision of the system, a member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election until September 8, 2016 if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.78(A) 00700515-1 44 8.19.16 until September 8, 2016. Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Members hired on or after April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph (c). (d) The election to receive the enhanced multiplier under this paragraph must be made in writing on a form provided by the City. Such election shall be irrevocable. If an eligible member does not elect an optional enhanced multiplier under this paragraph, or if an eligible member elects the enhanced multiplier for only a portion of his total continuous service, then the benefit provided in paragraph (2) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with paragraph (b), and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. (4) Upon becoming eligible for normal retirement, a member shall be one hundred (100) percent vested in his or her accrued benefit. (C) Early Retirement Date. On or after December 31, 1999, a member may retire on or after the early retirement date, which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of ten (10) years of continuous service. Early retirement is retirement from active employment with the City on or after the early retirement date and prior to the normal retirement date. (D) Early Retirement Benefit. The amount of the early retirement benefit shall be determined in the same manner as the normal retirement benefit, except that continuous service and average final compensation shall be determined as of the early retirement date. The benefit payable shall be reduced by three (3) percent for each year by which the commencement of benefits precedes the normal retirement date. The early retirement benefit provided in this subsection (D) shall have no application to the early retirement incentive provided in Section 33.85. (E) Disability Retirement Provisions. (1) (a) For purposes of this system, "total and permanent disability" shall mean an injury, disease or condition which totally and permanently incapacitates a member, either physically or mentally, from his regular and continuous duty as a firefighter. A "total and permanent disability" arising directly from the performance of service to the City by a member as firefighter shall be considered to be a service incurred disability. A "total and permanent disability" arising from any other cause or source, other than as modified below, shall be considered to be a nonservice incurred disability. A member shall not be entitled to receive a disability retirement benefit from the system if the disability is a result of: (1) Excessive and habitual use of drugs, intoxicants or narcotics; (2) Injury or disease sustained by the member while willfully and illegally participating in fights, riots, civil insurrections, or while committing a crime; (3) Injury or disease sustained by a member while serving in any of the armed forces; 00700515-1 45 8.19.16 (4) Injury or disease sustained by the member after his employment with the City has been terminated. (b) A member shall not receive a service incurred disability benefit for injury or disease sustained by the member while working (either as an employee or through some other contractual arrangement) for anyone other than the City, performing a job function the same as or related to the member's City job function, and arising out of the scope of any other employment or contractual arrangement, excepting injuries sustained by members while performing duties on behalf of the City and while within the City's jurisdiction although those injuries occurred at an outside employer's job site. In addition, a member shall not be entitled to receive a disability retirement benefit from the system on the basis of any condition which existed prior to the member's employment or which was evidenced during the member's pre- employment physical. (2) Application for Benefits. In order for the board to consider a member's request for disability retirement benefits, the member must apply in writing to the board. Upon receipt of proper application by the board of trustees, the board of trustees shall arrange for a physical examination of the applicant by the medical board. A further condition for receipt of disability retirement benefits from the system is that the applicant must apply for and diligently pursue disability benefits from social security and workers' compensation. Written proof of application must be submitted to the board of trustees. Failure of the applicant to qualify as being disabled under either the social security or workers' compensation laws may be considered by the board of trustees in review of that member's application or recovery from disability. (3) Medical Board. When a member submits proper application for a disability retirement benefit, the board of trustees shall designate a medical board to be composed of at least one physician. The medical board shall arrange for and pass upon all medical examinations required under the provisions of this subchapter, shall investigate all essential statements or certificates made by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the board of trustees its conclusions and recommendations upon all matters referred to it. The payment of those services shall be determined by the board of trustees. (4) Determination of Disability. All questions relating to eligibility for initial payment or continuance of disability benefits shall be determined by the board of trustees, taking into consideration the recommendations of the medical board and any other evidence of which the board of trustees may avail itself. The general steps which the board of trustees shall follow in its determination shall be as listed below, provided however, that the board of trustees may, in its discretion, alter or modify these steps: (a) Determine whether the member's application is proper; (b) If application is for a nonservice incurred disability, determine whether the ten (10) years of continuous service requirement has been met; (c) Based on all evidence submitted to the board of trustees, determine whether the applicant satisfies the definition of disability, including the absence of listed exclusions; (d) Determine whether the disability is to be considered a service-incurred disability or a nonservice disability, taking into consideration F.S. section 175.231. 00700515-1 46 8.19.16 (e) Establish a date of disability. This date may be the date of injury causing the disability, the date when the member could no longer perform his regular and continuous duties, the date when his sick pay and vacation pay are exhausted or such other date as determined by the board of trustees. (5) Disability Retirement Benefits. (a) Eligibility. Each member shall be eligible for service incurred disability benefits, regardless of length of continuous service. Each member who completes ten (10) years of continuous service prior to becoming disabled shall be eligible for nonservice incurred disability benefits. (b) Initial Amount of Service Incurred Disability Benefit. The greater of sixty (60) percent of the member's average monthly earnings in effect on the date of disability or the member's accrued pension benefit. Effective for disability applications filed on or after May 3, 2011, the initial amount of service incurred disability benefit shall be the greater of sixty-one (61) percent of the member's average monthly earnings in effect on the date of disability or the member's accrued pension benefit. (c) Amount of Nonservice Incurred Disability Benefit. Two (2) percent of average monthly earnings in effect on the date of disability for each year of continuous service; provided, however, the minimum shall not be less than twenty-five (25) percent of average monthly earnings. (d) Terms of Payments. Disability benefits shall commence on or as of the first day of the month coincident with or next following the date of disability, as established by the board of trustees, and shall continue to be paid on the first day of each subsequent month until the death or recovery of the disability retiree. The same survivorship percentages which apply to normal retirement benefits shall also apply to disability retirement benefits. (e) Eligibility for Other Benefits. In the event that a member applying for disability benefits is also eligible for either early or normal retirement, the board may, upon the request of the member, pay the early or normal retirement benefit instead of a disability retirement benefit. (6) Report by Disability Retiree. (a) Each person currently receiving disability retirement benefits and each person who first qualifies for disability retirement benefits shall be required to submit to the board of trustees, upon a request by the board of trustees, a signed and notarized report which includes, but is not limited to: (1) A medical report from the disability retiree's physician stating whether the retiree is still totally incapacitated to perform the regular and continuous duties of a firefighter shall be submitted to the board. The required physician's statement must be dated within four (4) months of the request. (2) A statement to the effect that the disability retiree understands that if the report is incomplete or incorrect, his disability benefits may be suspended or discontinued. (b) In the event that the required reports are not submitted to the board on a timely basis, or are incomplete or incorrect, the board may, in its discretion, suspend or discontinue the disability retirement benefits. 00700515-1 47 8.19.16 (7) Disability Affidavit. No member otherwise eligible to receive disability benefits shall be paid those benefits unless and until that member files a disability affidavit with the board on a form furnished by the board. By the disability affidavit, the prospective retiree shall affirm that he is acquainted and familiar with the terms and conditions of his disability retirement. In particular, he shall acknowledge the authority of the board to require him to undergo periodic future physical examinations in order to determine whether he has recovered from disability. (8) Authority for Reexamination. Each person who first qualifies for or is then receiving disability retirement benefits on or after the effective date of this subchapter shall be subject to periodic reexamination by a medical board selected by the board of trustees to determine if the disability has ceased to exist. (9) Recovery from Disability. (a) In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Fire Department, the board shall discontinue the pension; and further, the City shall, subject to budget and qualification of the member for the position, offer the member a position with the City as a firefighter. (b) If a member shall resume his employment with the City, as a firefighter, then he may pay into the Fund an amount equal to the aggregate contributions plus interest at a rate to be determined by the board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the board, during the period of his disability retirement had he not been retired, and shall thereupon receive creditable service for the period of the disability retirement. In any event, that member shall retain credit for the period of continuous service to the date of disability. (F) Preretirement Death. (1) Service Incurred. A death benefit shall be payable on behalf of any member who dies as a direct result of an occurrence arising in the performance of service. These benefits are not to be limiting to other benefits available under State law. The benefits shall be payable as follows: (a) To the spouse, until the earlier of death or remarriage, a monthly benefit equal to fifty (50) percent of the member's average monthly earnings; or to a designated beneficiary or beneficiaries other than the spouse, until death, a monthly benefit equal to the actuarial equivalent of a lifetime benefit payable to the member if the amount of fifty (50) percent of the member's average monthly earnings at date of death, plus (b) (1) For each unmarried child until he or she shall have reached the age of eighteen (18) years, and for each unmarried child from age eighteen (18) until age twenty-two (22) who is a full-time student in a fully accredited high school, college or university, there shall be paid in equal monthly installments, an amount equal to five (5) percent of the average monthly earnings subject to an overall limitation of a total of sixty (60) percent of average monthly earnings for the spouse and children combined. The nonstudent child's pension shall terminate on the earlier of death, marriage or the attainment of age eighteen (18). The pension of a child who is a student shall terminate on the earlier of death, marriage or the attainment of age twenty-two (22). Legally adopted children shall be eligible the same as natural children. (2) Upon remarriage or death of the spouse, the five (5) percent child allowance shall be increased to ten (10) percent for each child, not to exceed a combined total of thirty-five (35) 00700515-1 48 8.19.16 percent of the member's average monthly earnings. The trusteeship and disbursements of the pension to any child shall be determined by the board of trustees. (c) Notwithstanding any provision of this subsection to the contrary, the surviving spouse of any member killed in the line of duty shall not lose death benefits upon remarriage. (2) Nonservice Incurred. If any member shall die in active service from causes not attributable to active duty or service, a death benefit shall be payable as follows: (a) With less than one year of continuous service, a single sum amount of two thousand five hundred dollars ($2,500.00) to the member's spouse or other designated beneficiary or beneficiaries, as the case may be. (b) With one but less than five (5) years of continuous service, a single sum amount of five thousand dollars ($5,000.00) to the member's spouse or other designated beneficiary or beneficiaries, as the case may be. (c) With five (5) or more years of continuous service: (1) A single sum amount of five thousand dollars ($5,000.00) to the member's spouse or other designated beneficiary or beneficiaries, as the case may be, plus (2) To the spouse until remarriage or death, in equal monthly payments, a pension equal to sixty-five (65) percent of that member's accrued pension as of date of death, subject to a minimum of twenty (20) percent of average monthly earnings; or to a designated beneficiary or beneficiaries other than the spouse, until death, a monthly benefit equal to the actuarial equivalent of a lifetime benefit payable to the member in the amount of sixty-five (65) percent of such member's accrued pension as of date of death, plus (3) To the child of the deceased member, the same benefits as are payable by reason of service incurred death, subject however, to a maximum combined limitation of monthly payments to the spouse and children of fifty (50) percent of average monthly earnings and thirty- five (35) percent after remarriage or death of spouse. (3) In the event more than one beneficiary is designated by the member, the death benefits provided in this Section shall be apportioned equally among the beneficiaries. (G) Vesting. (1) If a member terminates his employment with the Fire Department, either voluntarily or by lawful discharge, and is not eligible for any other benefits under this system, he shall be entitled to the following: (a) Effective September 1, 1999, with less than ten (10) years of continuous service, refund of member contributions with a noncompounded simple interest rate of three (3) percent per year applied to the principal balance of the participant's contribution as accrued on December 31 of each year, per year. In the event the amount of member contributions with interest exceeds one thousand dollars ($1,000.00), the refund of member contributions and interest shall be made only upon the written request of a member or designated beneficiary. (b) With ten (10) or more years of continuous service: 00700515-1 49 8.19.16 (1) The pension benefit accrued to his date of termination, payable commencing on the date which would have been his earliest normal retirement date had he remained in employment, provided he does not elect to withdraw his member contributions; or (2) Effective September 1, 1999, refund of member contributions with a noncompounded simple interest rate of five (5) percent per year applied to the principal balance of the participant's contribution as accrued on December 31 of each year. (2) Any member of this system who, for whatever reason, has his employment with the City as a firefighter terminated, but who remains with or was previously employed by the City in some other capacity so that his total period of employment with the City is ten (10) years or more, shall have all benefits accrued under this system preserved, provided he does not elect to withdraw his member contributions. These accrued benefits shall be payable at his otherwise normal retirement date, in accordance with the provisions of this system. For purposes of determining normal retirement date under this vesting provision, continuous service shall include all continuous employment with the City as an employee as herein defined as well as the period of time subsequent to termination as a member of this system; however, benefits shall not be payable under this system during any period of continued employment by the City. Upon the written election of the Fire Chief not to participate in the system, the employment of the Fire Chief shall be deemed terminated for the purpose of applying the provisions of this system. A Fire Chief who terminates his participation in this system shall not thereafter be eligible to receive benefits through this system while actively employed by the City. (H) Application of Section. The provisions set forth herein shall be applicable to all current and future members of the plan, except those members who retired, entered the DROP plan, or terminated employment prior to August 17, 1999. Members who retired, entered the DROP plan, or terminated employment prior to August 17, 1999 shall receive benefits in accordance with the plan provisions in effect on the date of their retirement, entry into the DROP plan, or termination, whichever is earliest. (I) Maximum Benefits. A member may not receive a pension or disability benefit which exceeds the lesser of: (1) One hundred (100) percent of the member's average monthly earnings for the highest consecutive thirty-six month period as a member of the pension fund for members hired on or before September 8, 2016; or one hundred (100) percent of the member's average monthly earnings for the highest five of the last ten years of service for members hired after September 8, 2016; or (2) A maximum annual benefit in the normal benefit form at the time of retirement of one hundred thousand dollars ($100,000.00); provided, in no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. This maximum benefit amount shall be increased annually by two (2) percent, effective October 1, 2016 and each October 1 thereafter; or (3) The maximum amount allowed under Section 415 of the Internal Revenue Code (increased to reflect the cost-of-living adjustment factor prescribed under Section 415(d) of the Internal Revenue Code), that is incorporated herein by reference. Notwithstanding any other provision of the system to the contrary, the annual benefit to which a member is entitled under the system shall not, in any limitation year, be in an amount which would exceed the applicable limitations 00700515-1 50 8.19.16 under Section 415 of the Internal Revenue Code and the regulations issued thereunder. If the benefit payable under the system would (but for this section) exceed the limitations of Section 415 of the [Internal Revenue] Code by reason of a benefit payable under another defined benefit plan aggregated with this system under [Internal Revenue] Code Section 415(f), the benefit under this system shall be reduced only after all reductions have been made under such other plan. As of January 1 of each calendar year commencing on or after January 1, 2008, the dollar limitation as determined by the Commissioner of the Internal Revenue Service for that calendar year, adjusted for the member's age in accordance with the applicable IRS regulations, shall become effective as the maximum permissible dollar amount of benefit payable under the system during the limitation year ending within that calendar year. (J) Required Payment of Pension Benefits. Pension benefits shall begin no later than April 1 of the calendar year following the calendar year in which the member retires, or in which the member attains age seventy and one-half (70½), even if the member has not filed a claim for pension benefits. In addition, payment of benefits shall be made in accordance with the applicable provisions of Section 401(a)(9) of the Internal Revenue Code, which is incorporated herein by reference. Notwithstanding any other provision of this plan to the contrary, a form of retirement income payable from this plan, shall satisfy the following conditions: (1) If the retirement income is payable before the member's death: a. It shall either be distributed or commence to the member not later than April 1 of the calendar year following the later of the calendar year in which the member attains age 70½, or the calendar year in which the member retires; b. The distribution shall commence not later than the calendar year defined above; and (i) shall be paid over the life of the member or over the lifetimes of the member and spouse, issue or dependent, or (ii) shall be paid over the period extending not beyond the life expectancy of the member and spouse, issue or dependent. Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the member dies before his entire interest in the plan has been distributed, the remaining portion of such interest in the plan shall be distributed no less rapidly than under the form of distribution in effect at the time of the member's death. (2) If the member's death occurs before the distribution of his interest in the plan has commenced, member's entire interest in the plan shall be distributed within five (5) years of member's death, unless it is to be distributed in accordance with the following rules: a. The member's remaining interest in the plan is payable to his spouse, issue or dependent; b. The remaining interest is to be distributed over the life of the spouse, issue or dependent or over a period not extending beyond the life expectancy of the spouse, issue or dependent; and c. Such distribution begins within one year of the member's death unless the member's spouse, is the sole designated beneficiary, in which case the distribution need not begin before the date on which the member would have attained age 70½ and if the member's spouse dies before the distribution to the spouse begins, this section shall be applied as if the spouse were the member. (K) Qualified Health Insurance Premiums. Upon the written request of the member, a distribution hereunder, or part thereof, shall be paid directly to an insurer on account of the 00700515-1 51 8.19.16 qualified health insurance premiums payable by such member who is an eligible retired public safety officer, in accordance with the applicable provisions and limitations in Section 402 of the Internal Revenue Code. Sec. 33.77. - OPTIONAL FORMS OF BENEFITS. Each member entitled to a normal, early or disability retirement benefit shall have the right at any time prior to his actual retirement to elect to have his benefit payable under any one of the options hereinafter set forth in lieu of the benefits otherwise provided herein, and to revoke any elections and make a new election at any time prior to actual retirement. The value of optional benefits shall be actuarially equivalent to the value of benefits otherwise payable. The member shall make an election by written request to the board of trustees, this request being retained in the board's files. (A) Option 1. Joint and Last Survivor Option. A retiring member may elect to receive an actuarially adjusted retirement benefit during his lifetime and have such retirement benefit (including seventy-five (75) percent, sixty-six and sixty-six one hundredths (66.66) percent or fifty (50) percent thereof) continued after his death to and during the lifetime of a designated joint annuitant. The election of Option 1 shall be null and void if the designated joint annuitant dies before the member's retirement, unless the member designates another joint annuitant in accordance with Subsection 33.75(C). In addition, the member may elect to add a "pop-up" feature to his joint and survivor option, then, upon the death of his joint annuitant, the amount of his monthly payment will be increased to the amount of a straight life annuity and such amount will be payable as of the first day of each month after the death of his joint annuitant for the remainder of his lifetime. A member electing to add the pop-up feature to his joint and survivor option will have his monthly benefit under this Option 1 actuarially reduced to take into account the addition of the pop-up feature. (B) Option 2. Ten Years Certain and Life Thereafter. A retiring member may elect to receive a retirement benefit with one hundred twenty (120) monthly payments guaranteed. If, after retiring, the member should die before the one hundred twenty (120) monthly payments are made, payments are then continued to his designated beneficiary until one hundred twenty (120) payments in all have been made, at which time benefits cease. After expiration of the one hundred twenty (120) monthly payments guaranteed, should the retired member be then alive, payments shall be continued during his remaining lifetime. Notwithstanding any other provision of the plan to the contrary, this option (Option 2) shall be the normal form of benefit for unmarried employees who retire from active service on or after December 31, 1999. (C) Option 3. Other. In lieu of the other optional forms enumerated in this Section, retirement benefits may be paid in any form approved by the board so long as actuarial equivalence with the benefits otherwise payable is maintained. Sec. 33.78. - CONTRIBUTIONS. (A) Member Contributions. (1) Members shall make regular contributions to the Trust Fund at a rate equal to nine (9) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These 00700515-1 52 8.19.16 contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (2) The City shall pick up the member contribution required by subsection (A)(1) above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. The City shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the Internal Revenue Code. No employee shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City to the System. (B) State Contributions. Any moneys received or receivable by reason of laws of the State, for the express purpose of funding and paying for retirement benefits for Firefighters of the City shall be deposited in the Trust Fund comprising part of this system. By mutual agreement of the City and firefighters’ union, all annual premium tax moneys received pursuant to Chapter 175, Florida Statutes, up to the amount received during the 2013 calendar year ($1,206,994) shall be used to offset the cost of current benefits by reducing the City’s annual required contribution to the system. (C) City Contributions. So long as this system is in effect, the City shall make an annual contribution to the Trust Fund during the first quarter of the plan year or in quarterly installments in an amount equal to the difference in each year as between the total of aggregate member contributions for the year plus State contributions for the year and the total cost for the year as shown by the most recent actuarial valuation and report for the system. The total cost for any year shall be defined as the total of normal cost plus the additional amount sufficient to amortize the unfunded accrued past service liability over a period not greater than thirty (30) years. (D) Guaranteed Refund of Member Contributions. All benefits payable under this system are in lieu of a refund of member contributions. Effective September 1, 1999, employees who terminate employment with less than ten (10) years of continuous service, upon the election to receive a refund of member contributions, shall receive a noncompounded simple interest rate of three (3) percent per year applied to the principal balance of the participant's contributions as accrued on December 31 of each year. Effective September 1, 1999, employees who terminate employment with ten (10) years or more of continuous service, upon the election to receive a refund of member contributions, shall receive a noncompounded simple interest rate of five (5) percent per year applied to the principal balance of the participant's contribution as accrued on December 31 of each year. In any event, each member shall be guaranteed the payment of benefits at least equal in total amount to his accumulated contributions plus interest as provided herein. (E) All beneficiaries and retired members presently receiving benefits under F.S. Chapter 175 shall continue to receive those benefits under this system. 00700515-1 53 8.19.16 (F) Any forfeitures that may arise upon the termination of a member's employment shall be used to offset the subsequent cost of the City. Such forfeitures shall not be used to increase benefits of remaining members. Sec. 33.79. - ADMINISTRATION. (A) Effective October 1, 2016, the general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter are vested in a board of trustees consisting of five (5) members as follows: (1) One (1) legal resident of the City to be appointed by the City Commission; (2) The Fire Chief or a firefighter (with a minimum rank of Chief Officer) designated by the Fire Chief. (3) Two (2) full-time City firefighters as defined in section 175.032, Florida Statutes, to be elected by all active members as provided herein; and (4) A fifth member, who shall be chosen by a majority of the other four members. Such person’s name shall be submitted to the City Commission, which shall, as a ministerial act, appoint such person to the board of trustees. (B) Each appointed member shall serve as trustee for a period of four (4) years, unless sooner replaced by the City Commission, at whose pleasure he or she serves, and may succeed himself or herself as a trustee. Each elected firefighter member shall serve as trustee for a period of four (4) years, unless he or she sooner leaves the employment of the City as a firefighter, whereupon a successor shall be chosen in the same manner as the original election. Each elected firefighter trustee may succeed himself or herself in office. The fifth member shall have the same rights and duties as the other trustees, shall serve as trustee for a period of two (2) years, and may succeed himself or herself in office. (C) The elective trustees shall be elected in the following manner, to wit: by vote of all active firefighter members at meetings to be held at places designated by the City Manager, of which meetings all qualified members entitled to vote shall be notified in person or by mail ten (10) days in advance of the meeting. The candidate receiving the highest number of votes for each office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected or as soon thereafter as he shall qualify therefor. An election shall be held not more than thirty (30) and not less than ten (10) days prior to the commencement of the terms for which trustees are to be elected. The City Manager shall establish the election procedure for the initial election. Thereafter, it shall be the duty of the board of trustees. The board of trustees shall meet, organize and elect one of their members as chairperson and one member as vice chairperson, within thirty (30) days after trustees are elected and duly qualified, and annually thereafter. (D) If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (E) The trustees shall serve without compensation, but they may be reimbursed from the Trust Fund for all necessary expenses which they may actually expend through service on the board. 00700515-1 54 8.19.16 (F) Each trustee shall, within ten (10) days after his appointment or election, take an oath of office before the City Clerk, that so far as it develops upon him he will diligently and honestly administer the affairs of the board, and that he will not knowingly violate or willingly permit to be violated any of the provisions of the law applicable to the retirement system. The oath shall be subscribed to by the members making it and certified by the Clerk and filed in the office of the City Clerk. (G) Each trustee shall be entitled to one vote on the board. Three (3) affirmative votes shall be necessary for a decision by the trustees at any meeting of the board. The chairperson shall have the right to one vote only. (H) Subject to the limitations of this subchapter, the board of trustees shall from time to time establish uniform rules and regulations for the administration of funds created by this subchapter and for transactions of its business, including provisions for expulsion due to nonattendance of its members which could result in a vacancy. (I) The board of trustees shall by majority vote of its members appoint a secretary who shall be one of its members. It shall engage actuarial and other services as shall be required to transact the business of the retirement system. The compensation of all persons engaged by the board of trustees and all other expenses of the board necessary for the operation of the retirement system shall be paid at those rates and in amounts as the board of trustees shall agree. Funds may be disbursed by the City Finance Department or other disbursing agent as determined by the board, only upon written authorization by the board of trustees. (J) Any trustee who neglects the duties of his office as determined by the board, may be removed by four (4) concurring votes among the board of trustees. (K) The duties and responsibilities of the board of trustees shall include, but not necessarily be limited by, the following: (1) To construe the provisions of the system and determine all questions arising thereunder; (2) To determine all questions relating to eligibility and participation; (3) To determine and certify amount of all retirement allowances or other benefits hereunder; (4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system; (5) To distribute at regular intervals to employees information concerning the system; (6) To receive and process all applications for participation and benefits; (7) To authorize all payments whatsoever from the Fund and to notify in writing the disbursing agent of approved benefit payments and other expenditures arising through operation of the system and fund; (8) To have performed actuarial studies and annual actuarial valuations and make recommendations regarding any and all changes in the provisions of the system; (9) To perform those duties as are specified in this subchapter. Sec. 33.80. - FINANCES AND FUND MANAGEMENT. 00700515-1 55 8.19.16 (A) As part of the system there is established the Trust Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the system. (B) The actual custody and supervision of the Fund (and assets thereof) shall be vested in the board of trustees. Payment of benefits and disbursements from the Fund shall be made by the disbursing agent on authorization from the board. (C) The board may hire and appoint those persons, agents or entities (including corporate fiduciaries) as in its discretion may be required or advisable to enable it to perform custodial and investment duties hereunder. The board may enter into agency, investment advisory, and custodial agreements for the purpose of securing investment and custodianship services for the system and fund. (D) (1) All funds and securities of the system may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial composition of the Fund, including accurate current accounts and entries as regards the following: (a) Current amounts of accumulated contributions of members on both an individual and aggregate account basis; (b) Receipts and disbursements; (c) Benefit payments; (d) Current amounts clearly reflecting all moneys, funds and assets whatsoever attributable to contributions and deposits from the City; (e) All interest, dividends and gains (or losses) whatsoever; and (f) Any other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. (2) An annual report shall be made by the certified public accounting firm performing the City's annual audit. (E) The board of trustees shall have the following investment powers and authority: (1) The board of trustees shall be vested with full legal title to the Fund; subject however and in any event to the authority and power of the City Commission to amend or terminate this trust; provided that no amendment or fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this system. All contributions from time to time paid into the Fund, and the income thereof, without distinction between principal and income, shall be held and administered by the board or its agent in the Fund and the board shall not be required to segregate or invest separately any portion of the Fund. (2) The board and each trustee thereof is a fiduciary with respect to the Trust Fund, and shall exercise investment authority under this Section solely in the interest of plan members and beneficiaries, for the exclusive purpose of providing benefits to members and their beneficiaries and defraying the reasonable expenses of administering the plan. The board shall exercise its investment authority with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person in a like capacity and familiar with such matters would use in the conduct of an enterprise with like character and like aims. 00700515-1 56 8.19.16 (3) Notwithstanding any limitation provided in Chapter 175, Florida Statutes, or any limitation or condition contained in Section 215.47, Florida Statutes, the board of trustees may invest and reinvest pension fund assets in such securities, investment vehicles and property wherever situated and of whatever kind, as the board shall approve in the exercise of its fiduciary duty and authority, including but not limited to common or preferred stocks, bonds and other evidences of indebtedness or ownership. The board may invest up to twenty-five (25) percent of fund assets, on a market-value basis in foreign securities. (4) The board shall adopt and periodically update a written investment policy in accordance with Section 112.661, Florida Statutes. All investments approved by the board shall be in accordance with the investment policy. The board shall provide a copy of the investment policy and any revisions thereto to the City Manager, in accordance with Section 112.661, Florida Statutes. (5) The board shall provide a quarterly financial report to the City Manager no later than thirty (30) days following the end of each calendar quarter, which report shall include a summary reflecting the total market value of the fund at the beginning and end of the quarter, total investment gains and losses during the quarter, and a summary of the market value and investment gains and losses during the quarter for each manager responsible for investing fund assets. The board shall also provide a copy of all reports from the board's investment consultant to the City Manager within five (5) days following the board's approval or review of such reports. (6) The board may retain in cash or unproductive of income an amount of the Fund as it may deem advisable, having regard for the cash requirements of the system. (7) Neither the board nor any person or entity shall be liable for the making, retention, or sale of any investment or reinvestment made as herein provided, nor for any loss or diminishment of the Fund, except that due to his own negligence, willful misconduct, or lack of good faith. (8) The board may cause any investment in securities held by it to be registered in or transferred into its name as trustee or into the name of the nominee as it may direct, or it may retain them unregistered and in form permitting transferability, but the books and records shall at all times show that all investments are part of the Fund. (9) The board is empowered, but is not required, to vote upon any stocks, bonds or securities of any corporation, association or trust and to give general or specific proxies or powers of attorney with or without power of substitution; to participate in mergers, reorganizations, recapitalizations, consolidations and similar transactions with respect to those securities; to deposit stock or other securities in any voting trust or any protective or like committee or with the trustees or with depositaries designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally, to exercise any of the powers of an owner with respect to stocks, bonds or other investments, comprising the Fund which it may deem to be to the best interest of the Fund to exercise. (10) The board shall not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power herein contained. (11) Where any action which the board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as trustee under this subchapter, can reasonably be taken or performed only after receipt by it from 00700515-1 57 8.19.16 a member, the City or any other entity of specific information, certification, direction or instructions, the board shall be free of liability in failing to take any action or perform any duty or function until that information, certification, direction or instruction has been received by it. (12) Any overpayments or underpayments from the Fund to a member or beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the board. Overpayments shall be charged against payments next succeeding the correction. Underpayments shall be made up from the Trust Fund. (13) The board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for and shall be under no obligation to inquire into the sufficiency of the payments made into the Fund by the City. (14) In any application to or proceeding or action in the courts, only the City and the board shall be necessary parties, and no member or other person having an interest in the Fund shall be entitled to any notice of service or process. Any judgment entered in that proceeding or action shall be conclusive upon all persons. (F) Any of the foregoing powers and functions reposed in the board may be performed or carried out by the board through duly authorized agents, provided that the board at all times maintains continuous supervision over the acts of any agent; and that legal title to the Fund shall always remain in the board of trustees. (G) At least once every three (3) years, the board shall retain a professionally qualified independent consultant to evaluate the performance of any existing money manager and make recommendations to the board regarding the selection of money managers for the next investment term, in accordance with F.S. Section 175.071(6). No change in any of the administrative provisions of the system shall be made without the approval of a majority of the board of trustees. Sec. 33.81. - OTHER PROVISIONS. (A) Discharged Members. Members entitled to a pension shall not forfeit the same upon dismissal from the department, but shall be retired as herein described. (B) Recovery from Disability. In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Fire-Rescue Department, the board of trustees shall require the member to resume employment with the respective department and discontinue the pension; provided that if a member shall after resuming his position pay into the Fund an amount equal to the aggregate contributions plus interest at a rate to be determined by the board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the board, during the period of his disability retirement had he not been retired, the member shall receive creditable service for the period of disability retirement. In any event, a member shall retain credit for the period of continuous service prior to the date of disability. (C) Nonassignability. No benefit provided for herein shall be assignable or subject to garnishment for debt or for other legal process. 00700515-1 58 8.19.16 (D) Duration of Benefits. Benefits granted to members shall be paid to them for life and shall not be revoked nor in any way diminished except as provided in this subchapter and the payments of the member to this fund shall cease upon his retirement and acceptance of a benefit or thirty (30) years of continuous service or termination. (E) Pension Validity. The board of trustees shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently, or illegally for any reason. The board is empowered to purge the pension rolls of any person heretofore granted a pension under prior or existing law or hereafter granted under this subchapter if the same is found to be erroneous, fraudulent, or illegal for any reason; and to reclassify any pensioner who has heretofore under any prior or existing law, or who shall hereafter under this subchapter be erroneously, improperly or illegally classified. (F) Incompetents. If any member or beneficiary is a minor or is, in the judgment of the board, otherwise incapable of personally receiving and giving a valid receipt for any payment due him under the system, the board may, unless and until claims shall have been made by a duly appointed guardian or Committee of that person, make the payment or any part thereof to the person's spouse, children or other person deemed by the board to have incurred expenses or assumed responsibility for the expenses of that person. Any payment so made shall be a complete discharge of any liability under the system for the payment. (G) Miscellaneous Provisions. (1) The board will furnish the actuary with all data required for necessary actuarial computations under the plan. (2) No payment or any benefit, contribution or other sum which would constitute a violation of any applicable wage control law shall be made hereunder. (3) The benefits for any person who was a member under F.S. Chapter 175, immediately prior to the effective date of this subchapter, shall not be less than those which he would have received under the plan prior to the effective date based on his rate of earnings in effect as of the effective date. (H) Lump-Sum Distributions in Excess of One Thousand Dollars ($1,000.00). Notwithstanding any provision of the system to the contrary, and only to the extent a lump-sum distribution is expressly authorized, a lump-sum distribution in excess of one thousand dollars ($1,000.00) shall be made only upon the written request of a member or designated beneficiary. Sec. 33.82. - SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFIT FOR MEMBERS WHO RETIRED PRIOR TO CERTAIN DATE. (A) Members and beneficiaries of members who retired prior to October 1, 1987, shall receive an increase in their retirement income calculated in accordance with Sections 33.76 and 33.77, equal to two (2) percent for each year from the date of the member's retirement through September 30, 1987. The supplemental and minimum retirement income provided in this Section shall be paid effective January 1, 1988. The supplemental retirement income provided in this Section shall not be subject to the benefit offset contained in subsections 33.76(E)(5)(e). and (E)(7). 00700515-1 59 8.19.16 (B) Members and beneficiaries of members who retired or terminated employment prior to October 1, 1990, and began receiving benefits prior to June 18, 1993, shall receive an increase in their retirement income calculated in accordance with Sections 33.76, 33.77, 33.82(A), equal to five (5) percent. The supplemental and minimum retirement income provided in this Section shall be paid effective April 1, 1993. The supplemental retirement income provided in this Section shall not be subject to the benefit offset contained in subsections 33.76 (E)(5)(e) and (E)(7). (C) Effective August 1, 1999, all participants or beneficiaries of participants who are receiving benefits under the plan prior to September 30, 1993, shall have the monthly amount of retirement income increased by five (5) percent over the gross amount they were receiving in August of 1993. Provided, however, this increase effective August 1, 1999, shall not exceed one hundred dollars ($100.00) per month. (D) Effective August 1, 1999, all participants with ten (10) or more years of credited service and designated beneficiaries of such participants who receive plan benefits that are based on or derived from the participant's normal retirement income, regardless of the participant's retirement date, shall receive benefits based on a minimum monthly normal retirement income amount of at least five hundred dollars ($500.00) per month. Sec. 33.84. - DEFERRED RETIREMENT OPTION PLAN. (A) Effective January 1, 1994, any employee with at least twenty (20) but not more than thirty (30) years of continuous service as a member of the system may elect to participate in the Deferred Retirement Option Plan in accordance with this Section. (B) An employee's election to participate in the Deferred Retirement Option Plan must be made in writing and shall become effective thirty (30) days following the date it is received by the board of trustees, or on a later date specified by the employee. (C) An employee who elects to participate in the Deferred Retirement Option Plan may participate in such plan for a maximum of sixty (60) continuous months. If upon the effective date of the employee's election there are less than sixty (60) months before the employee attains thirty (30) years of continuous service, the employee may participate in the Deferred Retirement Option Plan only until thirty (30) years of service is attained. (D) An employee's continuous service and accrued benefit under the system shall be determined on the effective date of the employee's election to participate in the Deferred Retirement Option Plan. An employee who elects to participate in the Deferred Retirement Option Plan shall not accrue any additional continuous service or benefits under the system, except for additional benefits provided under the retirement benefit enhancement, if applicable, while participating in the Deferred Retirement Option Plan. No amounts shall be paid to an employee from the system while the employee is a participant in the Deferred Retirement Option Plan. 00700515-1 60 8.19.16 (E) A Deferred Retirement Option Plan account shall be established for each employee who elects to participate in the Deferred Retirement Option Plan in accordance with this Section. During the period of the employee's participation in the Deferred Retirement Option Plan, the employee's normal retirement benefit, calculated in accordance with Subsection 33.76 (B) based on average monthly earnings and continuous service as of the effective date of the employee's election to participate in the Deferred Retirement Option Plan, shall be paid into the employee's Deferred Retirement Option Plan account. The employee's Deferred Retirement Option Plan account shall be invested by the board of trustees and credited with interest equal to the overall net rate of return on retirement fund assets during the period the employee participates in the Deferred Retirement Option Plan. Effective July 1, 2001, the board of trustees, in its sole discretion, may select a third-party administrator and establish a separate plan for DROP accounts to be invested by participating employees in accordance with an agreement between the participating employee and the third-party administrator. Employees who are participating in the DROP as of July 1, 2001, may elect to participate in the self-directed investment program. Employees who elect to participate in the DROP after July 1, 2001, shall be required to participate in the self-directed investment program as a condition of participating in the DROP. The board of trustees may adopt any necessary rules to administer the DROP in accordance with applicable provisions of the Internal Revenue Code and regulations adopted thereunder. (F) At the conclusion of the employee's participation in the Deferred Retirement Option Plan, and as a condition of participating in such plan, the employee will retire and terminate City employment. The employee will thereafter receive a normal retirement benefit calculated in accordance with Subsection 33.76 (B) based on average monthly earnings and continuous service as of the effective date of the employee's election to participate in the Deferred Retirement Option Plan. The employee's Deferred Retirement Option Plan account will thereafter be distributed to the employee in a cash lump sum, unless the employee elects an alternative distribution as described below: (1) Payments in approximately equal monthly, quarterly or annual installments over a period designated by the employee, not to exceed the life expectancy of the employee or the joint life expectancy of the employee and the employee's designated beneficiary. In the event that the employee dies before all installments have been paid, the remaining balance in the employee's Deferred Retirement Option Plan account shall be paid in an immediate cash lump sum to the employee's designated beneficiary. (2) The purchase of a nonforfeitable fixed annuity payable in such form as the employee may elect. Elections under this Subsection (2) shall be in writing and shall be made in such time or manner as the board of trustees shall determine. If the annuity form selected is not a qualified joint and fifty (50) percent survivor annuity with the employee's spouse as the beneficiary, the annuity payable to the employee and thereafter to the employee's beneficiary shall be subject to the incidental death benefit rule as described in section 401(a)9g of the Internal Revenue Code and applicable regulations. (G) Notwithstanding the provisions of the foregoing paragraph (F), if an employee dies before distribution of the employee's Deferred Retirement Option Plan account commences, the account balance shall be paid to the employee's beneficiary in such optional form as the beneficiary may select. 00700515-1 61 8.19.16 (H) Except as otherwise provided in this Section, distribution of an employee's Deferred Retirement Option Plan account shall begin as soon as administratively practicable following the employee's termination of employment. An employee may, in accordance with such procedures as the board of trustees may prescribe, elect to defer distribution of the Deferred Retirement Option Plan account until the first day of any month coincident with or following the employee's termination of City employment; provided, however, distribution shall be made before the distribution date elected by the employee to the extent necessary to comply with the internal revenue code and regulations thereunder. Any amounts in an employee's Deferred Retirement Option Plan account shall continue to be invested by the board of trustees and shall be credited with the net investment return on the Fund until the balance of the Deferred Retirement Option Plan account is fully distributed to the employee or the employee's beneficiary. (I) In no event shall the provisions of this Section operate so as to allow the distribution of an employee's Deferred Retirement Option Plan account to begin later than April 1 following the later of the calendar year in which the employee terminates city employment or attains age seventy and one-half (70½). (J) Notwithstanding any other provision of this Section, all distributions from employee Deferred Retirement Option Plan accounts shall conform to applicable provisions of the Internal Revenue Code and regulations issued thereunder. Sec. 33.85. - EARLY RETIREMENT INCENTIVE. (A) Effective January 1, 1994, an early retirement incentive shall be provided to employees in accordance with this Section. The availability of the early retirement incentive in any calendar year shall be determined by the City. (B) Employees with eighteen (18) and up to, but not including, twenty (20) years of continuous service shall be eligible for the early retirement incentive. In any calendar year in which the City determines that the early retirement incentive will be offered, eligible employees shall be given an opportunity to decide within a specified time period (thirty (30) to ninety (90) days) whether they wish to receive the early retirement incentive and retire from city employment. The City will provide at least sixty (60) days' advance notice to eligible employees of the early retirement incentive offering. (C) Eligible employees who elect to receive the early retirement incentive shall receive two (2) additional years of continuous service, under the System, and upon receiving such additional continuous service shall immediately retire and terminate City employment. Effective the first pay period after September 1, 1999, eligible employees who elect to receive the early retirement incentive shall receive three (3) percent of average monthly earnings for each year of continuous service if the employee qualifies for the twenty (20) year (or more) normal retirement benefit. Eligible employees who previously elected the enhanced three and one-half (3.5) percent multiplier pursuant to Section 33.76 (3) and who elect to receive the early retirement incentive on or after March 15, 2004 shall receive three and one-half (3.5) percent of average monthly earnings for each year of continuous service, or portion thereof, to which the optional enhanced multiplier under Section 33.76 (3) applies; and if the enhanced multiplier is applicable to more than fifty (50) percent of the employee's total continuous service, excluding the two (2) 00700515-1 62 8.19.16 additional years provided in this section, the employee shall receive three and one-half (3.5) percent of average monthly earnings for each of the two (2) additional years provided in this section. The early retirement incentive program shall be voluntary for all eligible employees. The early retirement incentive shall not apply to sick leave, vacation or any other accruals or benefits. (D) An employee who elects to receive the early retirement incentive under this Section cannot also participate in the Deferred Retirement Option Plan under Section 33.84. Sec. 33.86. – ALLOCATION OF CHPATER 175 PREMIUM TAX REVENUES; RETIREMENT BENEFIT ENHANCEMENT. (A) Effective October 1, 1994, the benefits paid to eligible retirees or their beneficiaries shall be adjusted as provided in this Section. For the purpose of this Section, "eligible retirees" are members who retired or terminated employment after September 30, 1993, and whose date of hire as a City firefighter was twenty-five (25) or more years prior to the benefit adjustment date. The benefits payable under the system to all eligible retirees or their beneficiaries shall be based on the amount of insurance premium tax revenues received by the City for the preceding plan year pursuant to F.S. Chapter 175. A minimum benefit increase of one percent per year will be provided, regardless of the amount of premium tax revenues received by the City. (B) Effective September 8, 2016, to the extent total annual premium tax revenues received pursuant to Chapter 175, Florida Statutes, exceed $1,206,994, the annual one percent minimum adjustment for retirees will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of the excess premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. (C) The annual benefit adjustment provided under this Section shall be compounded annually (i.e. the increase shall be based on the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits payable under the system to all eligible retirees or their beneficiaries shall be adjusted annually on the anniversary of the retiree's first benefit payment. Disability retirees and their beneficiaries are not eligible to receive the retirement benefit enhancement. (D) Notwithstanding any other provision of this section, the annual benefit adjustment provided in this section for benefits accrued on or after September 8, 2016, shall not commence until one year after a member has separated from City employment. (E) Notwithstanding any other provision of this section, effective September 8, 2016 all annual premium tax moneys received pursuant to Chapter 175, Florida Statutes, up to the amount received during the 2013 calendar year ($1,206,994) shall be used to offset the cost of current benefits by reducing the City’s annual required contribution to the system, and any annual premium tax moneys received in excess of $1,206,994 shall be used as provided in subsection (B) above. Sec. 33.87. - INCORPORATION OF STATE LAW BY REFERENCE. 00700515-1 63 8.19.16 F.S. Sections 175.101 through 175.121 and 175.131 through 175.151 (excise tax on property insurance premiums to be deposited in the Municipal Firefighters' Pension Trust Fund) (excise tax on property insurance premiums to be deposited in Municipal Firefighters' Pension Trust Fund) are hereby incorporated by reference. Sec. 33.88. - DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. (A) General. This Section applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (B) Definitions. (1) Eligible Rollover Distribution. Any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income. (2) Eligible Retirement Plan. An eligible retirement plan is an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403 (a) of the Internal Revenue Code, a qualified trust described in Section 401 (a) of the Internal Revenue Code, an eligible deferred compensation plan described in Section 457(b) of the Internal Revenue Code which is maintained by an eligible employer described in Section 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in Section 403 (b) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. (3) Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. Effective as of January 1, 2008, an Employee's or former Employee's non-spouse Beneficiary is a distributee with regard to the interest of the Employee or former Employee. (4) Direct Rollover. A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. Effective as of January 1, 2008, a non-spouse Beneficiary may make a direct rollover only to an "inherited" individual retirement account as described in Section 408(b) of the Internal Revenue Code. If a non-spouse Beneficiary receives a distribution from the plan, the distribution is not eligible for a 60-day (non-direct) rollover. (C) Rollovers or Transfers into the Fund. On or after the effective date of this Section, the fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of continuous service or an enhanced multiplier as authorized under the plan, as follows: the fund will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in 00700515-1 64 8.19.16 Section 401(a) or 403(a) of the Internal Revenue Code, from an annuity contract described in Section 403(b) of the Internal Revenue Code, or from an eligible plan under Section 457(b) of the Internal Revenue Code, which is maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State. Sec. 33.89. - SEPARATION FROM EMPLOYMENT FOR MILITARY SERVICE. (A) The years or parts of a year that a member serves in Qualified Military Service of the Armed Forces of the United States, the United States Merchant Marine or the United States Coast Guard, voluntarily or involuntarily, after separation from city employment, shall be added to his years of credited service for all purposes, including vesting, provided that: (1) The member must return to City employment within one year from the earlier of the date of his military discharge or his release from service. (2) The maximum credit for military service pursuant to this Section shall be five (5) years. (3) In order to qualify for credited service pursuant to this Section, the member must have been discharged or released from service under honorable conditions. This Section is intended to meet or exceed the minimum requirements of USERRA. To the extent that this Section does not meet the minimum standards of USERRA, as it may be amended from time to time, the minimum standards of USERRA shall apply. (B) Death Benefits. In the case of a death or disability occurring on or after January 1, 2007, if a participant dies while performing Qualified Military Service, the survivors of the participant are entitled to any additional benefits (other than benefit accruals relating to the period of Qualified Military Service) provided under the plan as if the participant had resumed and then terminated employment with the City on account of death. (C) Differential Wage Payments. For years beginning after December 31, 2008, (i) an individual receiving a differential wage payment, as defined in Section 3401(h)(2) of the Internal Revenue Code, shall be treated as an employee of the employer making the payment, (ii) the differential wage payment shall be treated as compensation, and (iii) the plan shall not be treated as failing to meet the requirements of any provision described in Section 414(u)91)© of the Internal Revenue Code by reason of any contribution or benefit which is based on the differential wage payment. Sec. 33.91. - TERMINATION OF THE SYSTEM. If it is determined by the City Commission that this Retirement System be terminated it shall be terminated in accordance with State law as set forth in F.S. Chapter 175, as the Chapter now exists and as may be amended in the future. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it 00700515-1 65 8.19.16 being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that this Ordinance shall become and be made a part of the City of Delray Beach City Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ____day of _____________, 2016. ______________________________ Attest: M AY O R ________________________ City Clerk First Reading _____________ Second Reading ___________ 00700515-1 66 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-859,Version:1 TO: Mayor and Commissioners FROM: Jack Warner, Chief Financial Officer Janice Rustin, Interim City Attorney THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 ORDINANCE NO.17-16 AMENDING THE CITY’S POLICE AND FIREFIGHTERS RETIREMENT PENSION SYSTEM (SECOND READING) Recommended Action: Motion to Approve Ordinance No.17-16 amending the City’s Police and Firefighters Retirement Pension System. Background:This proposed ordinance amends the existing ordinance for the combined police and fire pension system (and board) by creating, effective October 1, 2016 two separate pension boards for Police and Fire respectively. In addition, this ordinance implements the negotiated changes to the recently approved Collective Bargaining Agreements, except for the board composition requirements, which are proposed to consist of 1 resident appointed by city commission, 2 firefighters/police officers (as appropriate), the Fire Chief/Police Chief or his appointee, and a 5 th member selected by the other 4. The major elements of the Ordinance are summarized below. The Police portion of the ordinance incorporates most of the changes in the recent PBA Collective Bargaining Agreement. Changes from the existing code are shown by strike through and underlining. The Fire portion of the ordinance is all “new” since the City is creating a separate pension board for Fire, for this reason the entire Fire portion is underlined; but most of the provisions are identical to the existing code. Changes from existing Fire code language are shown with double underlining or double strike through for new language and new deleted sections. Key terms include the following: ·Amends the current ordinance for the combined Police and Fire pension plan (and board) into two separate pension plans (and boards) for Police and Fire. ·Creates a new section 33.58.This section provides direction for separating the existing pension plan into two plans,and allocating the assets and liabilities to the new plans. Subsection (D)incorporates the current Pension Board’s actuary recommended option for dividing the assets. ·Makes it clear that the existing pension plan (and board)will cease to exist on 9/30/16 (except for a transition period not to exceed 60 days for the purpose of transferring assets City of Delray Beach Printed on 9/1/2016Page 1 of 3 powered by Legistar™ File #:16-859,Version:1 (except for a transition period not to exceed 60 days for the purpose of transferring assets and other administrative actions),and the new pension plans and boards will become effective 10/1/16. ·Directs the current and new boards as well as the pension plan administrator to take all necessary and appropriate action to implement and facilitate the plan changes,and ensure that benefit payments are not interrupted. ·Provides that all existing contracts of the current pension plan shall become contracts of the new plans,and directs the new boards to work with each contractor to revise the contractor’s fees and other contract terms, as appropriate. ·Eliminates outdated “miscellaneous”language on pages 22 and 51 that the pension board actuary found problematic concerning the transfer of assets from the old Chapter 175 and 185 plans to the current pension plan.This language apparently dates back to when the current pension plan was originally established in 1974. Police Ordinance ·Creates a separate police pension plan with new pension board consisting of 1 resident appointed by city commission,2 police officers elected by active plan members,the Police Chief or his appointee, and a 5th member selected by the other 4). ·Provides that all annual Ch.185 premium tax revenue up to the 2013 amount ($606,595) will be used to reduce the city’s annual pension contribution (currently $306,927 can be used for this purpose). ·Allocates all the accumulated excess premium tax reserve money ($1.625 million as of 10/1/14)plus any premium tax money not allocated to pay for benefits,to pay down the unfunded liability. ·Contains the substantive benefit changes that were previously implemented in Ordinance 10-15 (these are not underlined). ·Revises the retirement benefit enhancement to keep the existing 1%guaranteed COLA benefit,but eliminates the variable COLA based on the new allocation of premium tax revenues. Fire Ordinance ·Creates a separate firefighter pension plan with new pension board consisting of 1 resident appointed by city commission,2 firefighters,the Fire Chief or his appointee,and a 5th member selected by the other 4). ·Provides that all annual premium tax revenue up to $1.2 million will be used to reduce the City of Delray Beach Printed on 9/1/2016Page 2 of 3 powered by Legistar™ File #:16-859,Version:1 city’s pension contribution (currently $198K can be used for this purpose). ·Revises the retirement benefit enhancement to reflect the new allocation of premium tax revenues.We will need to discuss how the existing retirement benefit enhancement will work when premium taxes in excess of the 2013 amount are placed in a share plan. ·Contains benefit changes per CBA: Ø 3.0% multiplier for future service - current employees (now 3.5%) Ø 2.75% multiplier for new hires Ø Normal form of benefit --10 years certain &life for future service (now 60%joint survivor annuity) Ø Maximum benefit cap: $100K with 2% annual adjustment Ø New normal retirement age for new hires - 25 years of service (now 20 years of service) Ø COLA delayed to one year after separation from service Ø Average final compensation for new hires -highest 5 of last 10 years of service (now highest 3 years of service) Implementation of the changes to be effective October 1 requires several steps,which are underway. By separate agenda item,the City Commission will appoint its members to the two newly created Boards.Similarly,the police and fire memberships will name their board members.After the two City and two PBA/Fire members are selected,the respective boards can meet to appoint the fifth member.The current combined board actuary is finalizing asset split calculations using the method agreed by the combined board at its August 17 meeting.The current investment advisor is developing a detailed plan to implement this split.The combined board has scheduled a meeting for September 14 to review these plans and provide implementing steps. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 9/1/2016Page 3 of 3 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-835,Version:1 TO: Mayor and Commissioners FROM: Jack Warner, Finance Department THROUGH: Donald B. Cooper, City Manager DATE: September 8, 2016 RESOLUTION NO 37-16 TENTATIVE BUDGET ADOPTION FOR FY 2017 Recommended Action: Motion to Approve Resolution No. 37-16 Tentative Budget Adoption for FY 2017. Background: Resolution No. 37-16 provides for tentative appropriations of sums of money for all necessary expenditures of the City for the period from October 1, 2016 to September 30, 2017. The tentative FY 2017 budget appropriations are set forth in Exhibit A of the attached Resolution No. 37-16. The tentative budget utilizes an operating millage rate of 6.9611 and a debt service millage rate of 0.2496. Final millage rates will be determined by the City Commission prior to final adoption of the budget on September 20, 2016. Any recommended amendments to Exhibit A will be addressed in the resolution for final budget adoption. Pursuant to City Charter and TRIM requirements, a public hearing must be held prior to adoption of the tentative budget. Final adoption for the budget for FY 2017 is scheduled for September 20, 2016. A preliminary version of the budget was distributed to the City Commission and available to the public in June. Updates and revisions resulting from ongoing budget development will be presented at the September 8, 2016 meeting. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Not applicable. Timing of Request: The final budget public hearing is scheduled for September 20, 2016. City of Delray Beach Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-835,Version:1 City of Delray Beach Printed on 9/1/2016Page 2 of 2 powered by Legistar™ FY2016/17 INITIATIVES RESEARCH & ECONOMIC D EVELOPMENT Approved 8.8.16 Goal: Enhance the business environment and Economic Vitality by promoting a strong economy and advocating for the Downtown. Areas of Focus: Business Development – Planning, Retention and Expansion Programs Capture Downtown Data Promote the progress and attract appropriate businesses to the area Project Overview Notes Business Development: Team Delray Continue to collaborate, communicate and partner with all organizations Enhance communication and leverage resources Continued Area of Focus Retail/Business Development Strategy Initiate and source partner to conduct a Downtown Retail and Business Development Strategy (update of the Cluster analysis) Strategy that helps all neighborhoods thrive and have the right business mix Assist with the update of the Downtown Master Plan (partner) Priority #1 Promote Progress & Development Resource and Information Guide: Create and Develop a comprehensive document that consists of all data - Next Big Projects Brochure - Pedestrian Data - Downtown Business mix/make up - Survey results Continue to message the progress and success of the Downtown economy through the DDA Newsletter, Annual Report, Press Releases and presentations Increase engagement with the DDA District Property owners – One on One/Town Hall Continue to market the business community and drive positive economic growth Continue to promote the Downtown Business events, new business development (SOFA/WA), grand openings, anniversaries and celebrations Special Event and Special Use Process Advocate for the Business within the Downtown regarding Special Events Event Criteria and Purpose – survey the business community and analyze the economic impact of the events Participate in the SETAC (Special Event Technical Advisory Committee) Special Use permitting – Ease of Process Priority #2B FY2016/17 INITIATIVES RESEARCH & ECONOMIC D EVELOPMENT Approved 8.8.16 Business Retention Programs Decrease business turnover New Business Welcome Kit – (ie: Practical Guide, Collateral, Youtube video message – who we all are) Strengthen the Business Community - Restaurant/Merchant Meetings –Community Business Boot camp Employee Benefits – Appreciation Day Business Incentive programs – Rewards and Recognition Priority #2C Neighborhood Brand Development Support The Set launch and brand exposure – (FY15/16) - Continue momentum through WARC funding in the 16/17 year Video development to showcase the neighborhood character and authenticity Ensure all neighborhoods are successful and are set up to be successful Priority #3 Downtown Data Resource Research and Data Collection Continue to capture business information – Business Intake Form Conduct Downtown Surveys - Perception Survey – users of the Downtown (safety, parking,) - Business Owner and Property Owner feedback Physical Improvements Visitor Information Center Upgrade the current facility to be a true representation of the Downtown Establish a street level, easily accessible and highly visible Visitor Information Center (VIC) facility for Downtown Delray Beach catering to drive market and pedestrian traffic, while raising awareness of assets and accommodations in the local community Partner with Team Delray and Discover the Palm Beaches to create a State recognized Visitor Center driving local and visitor traffic to the Downtown Businesses A VIC enhances the visitor experience, promotes business and increases tourism and economic impact to the area Priority #2 Marketing and Econ Development New Development messaging Effectively communicate the Public and Private Construction projects that will impact the downtown businesses, residents and visitors Continue to be engaged with the city engineering team to assist with the development plans and messaging Economic Grants Support Organizations Continue to provide funding support to WARC and PGAD Continue to provide funding support for the 100ft Christmas Tree 1 Wynn, Kimberly From:Scott, Bruce <BScott@ten8fire.com> Sent:Monday, August 15, 2016 9:45 AM To:Hidalgo, Jose Subject:RE: Best Price Certification Statement “Ten-8 Fire Equipment, Inc. certifies that the prices offered to the City of Delray Beach represent the lowest prices offered for these products of any contract between Ten-8 Fire Equipment, Inc. and any other governmental entity within the State.” Thank you Bruce Scott We appreciate your business Thank You Bruce Scott - Sales Representative Ten-8 Fire Equipment, Inc. Direct: 941-757-2928 | Fax: 941-756-2598 800-228-8368 | Check out our new website redesign at www.ten8fire.com Sign up for our email updates here! From: Hidalgo, Jose [mailto:hidalgoj@mydelraybeach.com] Sent: Monday, August 15, 2016 9:42 AM To: Scott, Bruce Subject: Best Price Certification Statement Good morning Mr. Scott, If you agree, please reply that “Ten-8 Fire Equipment, Inc. certifies that the prices offered to the City of Delray Beach represent the lowest prices offered for these products of any contract between Ten-8 Fire Equipment, Inc. and any other governmental entity within the State.” Thank you Jose Hidalgo Purchasing Agent PH: 561-243-7129 Email: hidalgoj@mydelraybeach.com www.mydelraybeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure.