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04-11-06 Agenda Spec/WS 1993 2001 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. CITY COMMISSION CITY OF DELRAY BEACH. FLORIDA SPECIAL/WORKSHOP - TUESDAY. APRIL 11. 2006 6:00 P.M. FIRST FLOOR CONFERENCE ROOM DELRAY BEACH ~ A11.Am8rica CIty 'IIII! ~ SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Jeff Perlman has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: 1. ROAD CROSSING AGREEMENTS/FLORIDA EAST COAST RAILWAY (FEC): Consider a request from the Florida East Coast Railway (FEC) for the City to execute revised agreements prior to FEC reconstructing the road crossings for the one-way pairs conversion. 2. CONTRACT AWARD/NUTTING ENVIRONMENTAL OF FLORIDA. INC.lOLD SCHOOL SOUARE PARK: Approve a contract award to Nutting Environmental of Florida, Inc. in the amount of $15,240.00 for a Phase II Environmental Property Assessment at the proposed Old School Square Park site. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old School Square). 3. AMENDMENT NO. l/IMAGE SPORTS MANAGEMENT. INC. AGREEMENT/NATIONAL INDOOR FOOTBALL LEAGUE (NIFL): Approve Amendment No.1 to the agreement with Image Sports Management, Inc. to provide for the reduction of the Tennis Stadium rental fee from $15,000.00 per game to $11,000.00 per game. 4. PURCHASE AWARD/INFORMATION STATION SPECIALISTS. INC.I A.M. RADIO STATION: Purchase award to Information Station Specialists, Inc. in the amount of $30,785.00 as a sole source purchase for the purchase of a low-wattage A.M. Radio Station for local area broadcasting for emergencies and other administrative purposes. Funding is available from 001-2311-522-64.90 (General Fund/Other Machinery/ Equipment). WORKSHOP AGENDA 1. Update of Weed & Seed Project - Sharon L'Herrou 2. Presentation of 2004/2005 Comprehensive Annual Financial Report - Caler, Donten, Levine, Druker, Porter & Veil, P.A. 3. Presentation of Code Enforcement - Fiscal Year 2005/2006 Goals and Objectives 4. Discussion of Police and Fire Pension Board Certification Pay Issue 5. Discussion of Workforce Housing/Community Land Trust (CLl) 6. Review Draft of WiFi Services Request for Proposal 7. Commission Comments ........................................................................................1 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. [IT' DF DElIAY IEA[H CITY ATTORNEY'S OFFICE 2()() NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 TELEPHONE: 561/24.,-7()l)(). FACSIMILE: 561/278-4755 DELRAY BEACH F lOR I D ... D.8I.II AII.America City Writer's Direct Line: 561/243-7091 , IIII!DATE: MEMORANDUM April 3, 2006 1993 2001 TO: FROM: City Commission David Harden, City Manager ~ -.r-"--- Brian Shutt, Assistant City Attorney SUBJECT: Road CrossinQ Aareements with FEC for SE 1st and NE 1st Streets Florida East Coast Railway has forwarded agreements to the City for the road crossings located at SE 1st and NE 1st Streets. FEC has requested that the City execute these revised agreements prior to FEC reconstructing the road crossings on these streets to allow for the conversion from the one way pairs. When we received these agreements from FEC we made comments on quite a few of the provisions in the agreements and forwarded those to FEC. FEC responded by agreeing to make a couple of minor changes. The main issue regarding these agreements is that FEC wants the City to indemnify and defend FEC for all claims or lawsuits that may be brought against FEC as a result of the crossing, even including such claims and lawsuits that result from the negligence of FEC. A recent Florida Supreme Court case hel that if a municipality agrees to indemnify another party, in a contract, then so ereign immunity limits do not apply. Please place this item on the April 11, 2006 ity Commission Workshop agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Randal Krejcarek, City Engineer Doug Smith, Asst. City Manager SP,i 02/16/2006 12:03 5612437314 CITY OF DELRAY BEACH PAGE 01/08 ; o ;f), . '. '. . [IT.Y DF DElARY B:tRt~ DELRAY BEACH ~ =;\jV:Q'=\i:ViE\J~~'''_ A11.AmerlcaCity .3t:RViC:=.3 ~EP.6.~7!'.;IE\.; , 'III: 13 Oct 2005 19Y) Mr. Joseph L. Schonder 200 I Manager of Engineering Services Florida East Coast Railroad One Mataga 8t P.O. Drawer 1048 St. Augustine, FL 32084-1048 ..:...:.,.... s..:!!)". - ...... :-,.. ~ '-. . . :....1.;.:.: I :'='_?I'~"" 3::!~.c:r :=~.CiRJ).':' 3".:.1..14 . , ;~..: :. ~ <: . ~.-.... .:~ ! ~..:~.- ;-G'.~;1 ';'/.'1'.'4: ':'::;:'..;'.':~~l:j -~f)r:-; RE: FEC Crossing Agreements NE 1st Street, MP 316+3,757', FOOT # 2724918 SE 1st Street, MP 316+5,008', FOOT # 272869G Comments Dear Leslie: I forwarded the above two agreements you sent me to our City Attorney for review and comment. Please address each of the fallowing comments: Par 2: Why is the City responsible for vegetation management with no limitations? Why not just limit the City's responsibilify to the road rights-of-way? Par 3: If the crossing will have four quadrant grates there is no need to maintain vegetation for 325 feet north and south of crossing. Par 6: The City should be given notice and the right to correct. Par 7: City will grant appropriate permits when application is made and City requirements are mel 9 We can not do this. Par 9: Provide current annual cost of maintenance. Par 11 :There should be some basis for FEC to make any changes at the crossing and any change should be agreed upon by the City prior to implementation of change. Par 13: Need to be more specific, the req uirements of the City and Florida Department of Transportation, for example are not the same. City does not maintain FOOT lighting standards on City streets. Par 14:Need a limitation on the liability of FEC on this. City should not be required to obtain FEC approval to construct improvements not in FEe rights-of-way. S:\EngAdminIFECWE-SE 1 st str agmt comments01.doc (j,.\ . .v: ."" .'le.~y~!".o .' i" . f;-;.-: E,~:= .... 0:' -- .'.. . 'I ~ ... ~ ~ ':"'" .: ...:. .... 02/16/2006 12:B3 5612437314 CITY OF DELRAV BEACH PAGE B2/BS o o ~~City can not be responsible for FEe's negligence, even ~ wall< was requested by JCity. Par 16:Need to clarify annual maintenance costs as noted in Par 9 above. Par 17:Need to have limitation on cost to be assumed by City. /~City can comply only for work performed by City. City can not comply for '-:.::...J improvements constructed by other agencies. ~ity can not do this. Please let me know how we can work together to resolve each of these issues. I appreciate your time on this matter. t3j/~ Randal L. Krejcarek, P.E. City Engineer Cc David Harden, City Manager Richard Hasko, P.E., Director of Environmental Services Brian Shutt Assistant City Attorney Paul Dorling, Director of Planning & Zoning Diane Colonna, Executive Director of eRA file S:\EngAdminIFECWE-SE 1 sf str agmf commentsO 1.doc 132/16/213136 12:133 5612437314 CITY OF DELRAY BEACH PAGE 133/138 o o RECEIVED NOV 0 7 2005 ~. f-~':: ~EC.J Florida East Coast R A I L WAY. L.L.C. r? L 1'- ." c~ t~JArI """I (~o/~e. {~'1~ ~ ~I~ rJk: I ~J' slL J ~ November 1, 2005 Files: 316/39/3757, 316/39/5088 DELRAY BEACH: CROSSING MATTERS LICENSE AGREEMENT REVISIONS Mr. Randal L. Krejcarek, P.E. City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33444 ," ". Dear Mr. Krejcarek: We are in receipt of your letter dated October 13,2005, and offer the following comments regarding the agreement language: Par 2. We will add language to reference the vegetation requirements in paragraph 3. Paragraph 2 will read "RAIL WAY reserves the right to perform all work required on RAIL WAY'S property including construction, drainage, lighting and vegetation as set forth in paragraph 3 hereof." Par 3. We do not have four quadrant gates on our Railway at this time, however this requirement would stiU be necessary to maintain a clear site distance in the event the gates did not work. Par 6. Will revise to read "in the event the CITY shall fail to comply with any of the covenants and conditions and fails to correct such non-compliance within 30 days after notice thereofby RAIL WAY. then at the option of the RAIL WAY ~ Par 7. Currently the RAIL WAY is not required to obtain permits from the City as we are under Federal jurisdiction. This paragraph is only in place in the event this changes in the future. Par 8. This is standard verbiage for all crossing agreements. Par 9. See Exhibit "c" included with the agreement. This cost is regulated by the FDOT and is revised every 5 years. This crossing is a Class IiI installation as referenced in paragraph 9, therefore the ann~l maintenance cost is $2,820.00. Par 11 This is standard pracvce for all crossings. The Railway as the owner of the property can make necessary changes to our track or right-of-way. Par 13 We will revise to read" Lighting facilities adequate to comply with the requirements of applicable local and/or state laws and regulations covering illumination of road crossings shall be installed, maintained and replaced at or near the CROSSING SITE by and at the sole cost of the City." One MaJaaa Street. p.o. Box 1048. St. Augustine, FL. 32085-1048 02/16/2006 12:03 5612437314 CITY OF DELRAY BEACH PAGE 04/08 () 4., .... t.~ <t.. ,I Page 2. Mr. Randall Krejcarek Par 14 We will add language to read "Facilities at or near the CROSSING SITE and on the RAIL WAY'S right-of-way that are not specifically covered. by this Agreement, including but not limited to pedestrian walkways, may not be constructed by CITY at or near the CROSSING SITE and on the RAIL WAY'S right-of-way, without prior written approval" Par 15 This paragraph covers the situation where the Railway is performing work that the City is required to do but the Railway is doing at ~e City's request. In that circwnstance, the City should be responsible for the entire risk. '; Par 16 Same as above. Par 17 This is standard practice for all crossings. The cost will be actual cost of removal based. on construction prices at that time. Par 18 The improvements mentioned in this paragraph would be in place due to the existence ofllie crossing therefore the City would be responsible. Par 20 The Railway does not benefit from the existence of the crossing. The crossing escalates the Railway's liability and creates a maintenance problem. This paragraph must remain as is. Should you need to further discuss this matter, I can be reached at (904) 826-2383. Sincerely, <::j -r- ;i p Joseph L. Schonder Manager-Engineering Services * C',~ ......... ..::- ~.J.......~ I I Ie"+- /.'~'I ~,,>:,~~,C6Z- , 1----' LICENSE AGREEMENT THIS LICENSE AGREEMENT, effective as of the day of ,2005, is between FLORIDA EAST COAST RAILWAY, L.L.c. (Address: P. O. Drawer 1048, St. Augustine, Florida 32085), a Florida Limited Liability Company, hereinafter called "RAILWAY" and CITY OF DELRA Y BEACH, a political subdivision of the State of Florida, hereinafter called "CITY". WITNESSETH: WHEREAS, the CITY desires to construct, use, maintain, repair, renew and ultimately remove an at-grade public road crossing across and over the tracks, right of way and property of RAILWAY, at the RAILWAY'S Milepost 316 + 5,088', more particularly described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "CROSSING SITE"; and WHEREAS, RAILWAY is agreeable to permitting the CITY to construct, use, maintain, repair, renew and ultimately remove the CROSSING SITE under the terms and conditions set forth herein. NOW, THEREFORE, for the covenants contained herein and other good and valuable consideration, the parties agree as follows: 1. RAIL WAY hereby permits the CITY to construct use, maintain, repair, renew and ultimately remove the CROSSING SITE under the terms and conditions set forth herein. _____._. __n_ -- l I F.E.C. Hwy. CO. Origir}3i_ COPLI J - - - XFrm0499 Page 2. The CROSSING SITE includes any railroad crossing warning signs, crossing surfaces and automatic crossing warning devices which are, or might be, located within or adjacent to the above-described location, provided that, the construction of the CROSSING SITE shall be done by RAIL WAY as provided in this License Agreement ("Agreement") and further provided that, notwithstanding rights to the CITY granted herein, RAILWAY reserves the right to perform all work required on RAIL WAY'S property including construction, drainage, lighting and vegetation management, in which event CITY shall pay the RAIL WAY the entire cost and expense of labor, materials and equipment furnished by RAILWAY in performing such work. The status of the CITY is that of a licensee and not lessee, granting the CITY the right to use the CROSSING SITE as specified herein. 3. The CROSSING SITE shall be used for public at-grade road crossing purposes only and no utility, including telecommunications facilities, pipes, wires, cables; or other line or structure shall be placed in, on or over the CROSSING SITE. without the previous consent in writing of the RAILWAY. CITY further agrees that it will at all times keep the CROSSING SITE, together with the additional portions of the RAIL WAY'S right-of-way within 325 feet of the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation or other growth greater than two (2) feet in height on each side of the tracks at the sole expense of the CITY and without cost to RAILWAY or lien upon RAILWAY'S property. 4. This Agreement is for an initial term of one (1) year and shall continue in effect thereafter from year to year, subject to termination by the RAILWAY or CITY upon sixty (60) days prior written notice. 5. CITY shall pay an annual license fee in advance to RAILWAY of $4,500.00 (Four Thousand Five Hundred Dollars), for use of the Crossing. The license fee shall be increased XFrm0499 Page 2 each year on the anniversary date of this Agreement, commencing on the anniversary date of the second year of this Agreement, by the product of the annual license fee in effect for the preceding year multiplied by one hundred percent (100%) of the percentage increase, if any, in the Consumer Price Index, (1967=100), issued by the Bureau of Labor Statistics of the U.S. Department of Labor ("Cpr'), or 3%, whichever is greater. The base CPI will be the CPI for the month of the year preceding the applicable anniversary date of this Agreement by ninety (90) days. No adjustment will be made for decreases in the CPl. 6. The provisions and stipulations of this Agreement are a part of the consideration of the licensing of the CROSSING SITE, and in the event the CITY shall fail to comply with any of the covenants and conditions, then, at the option of the RAILWAY, this Agreement shall be terminated with full legal rights and remedies retained by the RAILWAY, including but not limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so. 7. The CITY shall grant forthwith to the RAILWAY necessary permits for the installation, construction, erection, repair and maintenance of any of the RAIL WAY -owned or maintained facilities described in this Agreement. If the CITY fails to promptly grant the RAIL WAY necessary permits, CITY shall bear all additional expense incurred by the RAIL WAY attributable to such failure, including costs due to slow ordering of trains. CITY shall promptly pay such amounts upon billing by the RAILWAY. 8. Unless otherwise specified, the cost of and liability for installation, construction, maintenance, replacement and removal of all facilities at the CROSSING SITE, including but not limited to the crossing structure, railroad and highway devices, and grade crossing surfaces, whether performed by the CITY or RAIL WAY, shall be the sole responsibility of the CITY. XFrm0499 Page 3 9. The RAILWAY shall install the warning devices, including the fixed signs, flashing lights, bells and gates (collectively the "WARNING DEVICES"), at the CROSSING SITE at the sole cost of the CITY. The WARNING DEVICES are a Type HI Class III installation as defined in the Florida Department of Transportation Schedule of Signal Installations by Type and Class attached hereto as Exhibit C. Installation costs are estimated to be $261,720.00 as shown on the estimates for signal installation attached hereto as Exhibit B and incorporated by reference. In addition, CITY shall pay unto RAILWAY annually the annual cost of maintenance of said WARNING DEVICES as provided in the Florida Department of Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. The WARNING DEVICES will be owned by the RAIL WAY and shall remain at the CROSSING SITE until the RAILWAY decides that they are no longer needed or should be replaced, or until other legal requirements are imposed which shall eliminate or substantially change their operations. 10. The RAILWAY shall replace the existing 54' wide Type T-modified grade crossing structure with a 56.9' wide Omni concrete grade crossing surface (the "SURFACE') along with other improvements as shown on the drawing, attached hereto as part of Exhibit A, in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Index No. 560, as may be amended, at the sole cost of CITY. Installation costs are estimated to be $93,808.00 as shown on the estimates for crossing installation attached hereto as Exhibit B and incorporated by reference. When the RAIL WAY determines that the replacement of the new SURFACE is more economical than its continued maintenance, the RAILWAY shall XFrm0499 Page 4 have the exclusive option to replace the SURF ACE with a comparable or improved structure. The replacement costs of the new SURFACE shall be the sole responsibility of the CITY. The CITY shall, at its sole expense, maintain and replace the remainder of the road inside the RAILWAY'S right-of-way, plus any paving which may be located between the ends of the ties. If such work is required due to replacement of the SURF ACE, the CITY shall perform such work in accordance with the time and operational requirements of RAILWAY. The CITY will give prior notice to RAILWAY of all work to be performed by it at or near the CROSSING SITE and no such work shall be performed by CITY without the prior approval of RAIL WAY. All work performed by the CITY shall be conducted at such times and in such manner as to not interfere or impeded the operations of RAILWAY. The RAILWAY shall provide a construction watchman at said CROSSING SITE while work is being performed by the CITY under the provisions of this Agreement, at the sole expense of the CITY. 11. The CITY agrees, acknowledges and understands that the RAIL WAY reserves the right to make any changes at any future time in its existing tracks or other facilities, including the installation, maintenance and operation of any additional track or tracks or other facilities on its right-of-way at the CROSSING SITE. The CITY agrees to bear the total expense of any changes or additions to the pavement and traffic signal devices, the SURF ACE, the W ARNlNG DEVICES or other railroad signalization equipment or new structure at the CROSSING SITE, whether these changes or additions are required by law or order of any public or judicial authority, done voluntarily by the RAILWAY, or requested by the CITY. 12. The CITY agrees that it will install, maintain and replace all necessary drainage facilities to prevent the accumulation of surface water due to the existence of the CROSSING SITE. Such facilities must first be approved by the RAILWAY and any governing bodies having XFrm0499 Page 5 jurisdiction thereof and operation of the facilities shall also be subject at all time to their approval. An additional license agreement may be required by the RAILWAY, depending upon the location of such drainage facilities and type, size, depth and other specifications of the proposed facilities, as submitted to the RAILWAY. 13. Lighting facilities adequate to comply with the requirements of the laws of the State bfFlonaa -covenngillUii1ination()T roan-crossing shalTbeTristalled: maintained ana replacea at or - near this CROSSING SITE by and at the sole cost of CITY. 14. Facilities at or near the CROSSING SITE that are not specifically covered by this Agreement, including but not limited to pedestrian walkways, may not be constructed by CITY at or near the CROSSING SITE without the prior written approval of RAILWAY, which approval is in RAIL WAY'S sole discretion. The cost and liability for such facilities, including but not limited to claims for personal injury or death or damage to property of any person or persons whomsoever, shall be the sole responsibility of City. 15. If at any time RAILWAY, at CITY'S request, performs work required to be performed by CITY hereunder, the cost and liability for such work, including but not limited to claims for personal injury or death or damage to property of any person of persons whomsoever, shall be the sole responsibility of CITY. 16. The CITY further covenants to pay the RAILWAY, within thirty (30) days after presentation of the same, all bills submitted by Railway including maintenance bills as set forth in Paragraph 9 above and all bills for electricity for the lighting and illumination of the CROSSING SITE if same are provided by Railway. 17. At the termination of this Agreement for any cause, or upon termination of the CITY'S use of the CROSSING SITE as herein described, all rights of the CITY shall terminate XFrm0499 Page 6 and the CITY shall remove, under the RAIL WAY'S supervision and direction, at CITY'S entire cost and expense, said road and all non-RAILWAY -owned improvements placed upon the RAILWAY'S right-of-way and restore the ground to its original condition. 18. The CITY shall indemnify, defend and hold harmless RAIL WAY for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of ---- -public -improvements -installeQoilor~within-two hundred (200) feet of the CROSSING SITE arising out of the existence of the CROSSING SITE. 19. The CITY shall not in any way, or at any time, interfere with or obstruct RAILWAY'S right-of-way, the movement of RAILWAY'S trains and other railroad operations, or interfere with the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assigns, invitees, lessees or licensees. 20. The CITY shall indemnify, defend and hold harmless RAIL WAY it's affiliates, officers, directors and employees from any and all suits, claims, liability, losses, damages, expenses and costs (including reasonable attorneys fees) incurred by or asserted against RAILWAY whether for personal injury or death or damage to property of any person or persons whomsoever, relating to, resulting from or arising out of the construction, installation, maintenance or replacement of the CROSSING SITE by RAILWAY, the performance of work by RAIL WAY required to be performed by CITY hereunder, or the use of the CROSSING SITE or CITY facilities, including but not limited to pedestrian walkways, at or near the CROSSING SITE and regardless of whether such injury or damage is caused or alleged to be caused, in whole or in part, by the negligence of RAIL WAY. Notwithstanding the foregoing, the CITY shall have no indemnification obligation for the intentional, wrongful acts ofRAILW A Y. XFrm0499 Page 7 The CITY will include in any contract which it may let for the whole or part of any work to be performed hereunder by or for the CITY, each and every one of the terms and conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.C. AND INSURANCE REQUIREMENTS" attached hereto and made a part hereof as Exhibit D. zr.-cajClTY, at Its own cost and expense, when performing any work in connection with the CROSSING SITE shall request RAIL WAY to furnish any necessary construction watchmen for the protection of RAILWAY'S employees, property and train operations. RAILWAY shall be notified at least one (1) week in advance of the performance of any work in connection with the CROSSING SITE. (b) In addition to, but not in limitation of any of the foregoing provisions, if at any time RAILWAY should deem it necessary to place construction watchmen for the protection of any person or property, during the construction, maintenance, repair, alteration, renewal, or removal at the CROSSING SITE, RAILWAY shall have the right to place such construction watchmen, or other persons at the sole cost and expense of the CITY. Upon receipt of a bill from RAILWAY, CITY shall promptly pay RAILWAY the full cost and expense of such construction watchmen. The furnishing or failure to furnish construction watchmen, or other persons by the RAILWAY under this paragraph, however, shall not release CITY from any and all other liabilities assumed by CITY under the terms ofthis Agreement, including its obligations under Paragraph 20 hereof. The CITY shall give the RAIL WAY one (1) week's advance written notice when it or its contractor or anyone claiming under this Agreement proposes to enter upon the CROSSING SITE to perform work under this Agreement in order that proper warning may be provided for trains. In emergency situations CITY shall give the RAIL WAY telephonic XFrm0499 Page 8 notice. The CITY further agrees that at all times its personnel or agents are on the property of the RAIL WAY, they will be accompanied by a RAIL WAY representative and any cost involved will be borne by the CITY. 22. After the SURFACE and WARNING DEVICES have been installed and all other work to be performed by the RAILWAY under this Agreement has been completed and found to Be m satIstactory workmg orderb~A~e RAlL-wAYSillill fUTIllSli to the CITY an invoice showing the final total cost of material, labor and equipment furnished by the RAlLW A Y, in accordance with the estimate of said cost to the CITY to be $355,528.00 set forth in Exhibit B and CITY shall pay such invoice no later than thirty (30) days from the date thereof. 23. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching the CROSSING SITE shall be the sole responsibility and cost of the CITY, and at its sole expense. 24. The CITY shall promptly pay RAILWAY all charges for replacement, repair or otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of the date of invoice. Failure to promptly pay to RAILWAY amounts billed as due under this Agreement shall constitute default by the CITY. 25. The CITY hereby acknowledges that it has been notified that its personnel will or may be working in an area containing active fiber-optic transmission cable as well as other cables and other facilities. 26. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. XFrm0499 Page 9 27. This Agreement will be governed by the laws of the State of Florida. It constitutes the complete and exclusive statement of the Agreement between the parties which supersedes all proposals, oral or written, and all other communications between the parties related to the subject matter of this Agreement. Any future change or modification of this Agreement must be in writing and signed by both parties. 2~It is understood by and between the respectIve partIesnereto tliat thIS LIcense Agreement cancels and supersedes any other License Agreements between the RAIL WAY and CITY with respect to the matters contained herein, and more specifically, the existing License Agreement between the RAILWAY and CITY dated December 9, 1985. XFrm0499 Page 10 IN WITNESS WHEREOF, the RAILWAY and the CITY have caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicated the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed, sealed and Delivered in the presence of: FLORIDA EAST COAST RAILWAY, L.L.C., a Limited Liability Company By: (Seal) ATTEST: Witnesses as to RAIL WAY Assistant Secretary DATE: CITY OF DELRA Y BEACH, a political subdivision of the State of Florida By: Title: Witnesses as to CITY Attest: Title: Date: XFrm0499 Page 11 LICENSE AREA September 21, 2005 File: 316/39/5088 S.E. 1st STREET - MILEPOST 316+5,088' - FDOT # 272869G A PARCEL OF LAND WITH UNIFORM WIDTH OF NINETY (90) FEET NORTHERLY AND SOUTHERLY AND EXTENDING EASTERLY AND WESTERLY ACROSS THE RIGHT-OF-WAY AND MAIN TRACK OF THE RAILWAY AT S.E. 1ST STREET IN DELRAY BEACH, FLORIDA, WITH LONGITUDINAL CENTER LINE OF SAID PARCEL LOCATED FIVE THOUSAND EIGHTY EIGHT (5,088) FEET SOUTHERLY FROM THE RAILWAY'S MILE POST NO. 316 AS MEASURED FROM JACKSONVILLE, FLORIDA, SAID RIGHT-OF- WAY OF THE RAILWAY HAVING A TOTAL WIDTH OF ONE HUNDRED (100) FEET AT THIS LOCATION, BEING FIFTY (50) FEET IN WIDTH ON THE EAST AND WEST SIDE OF THE CENTERLINE OF THE MAIN TRACK. EXHIBIT "A" K OR ANY OTHER 5HALL NOT BE OF C/L OF TRACK AS ~ TO THE TRACK. SOUTH TO MIAMI - REMOVE EXISTING 53' CROSSING SURFACE. INSTALL NEW 56.87' CONCRETE CROSSING.(7 PANELS @ 8.125'=56.87') n:.NCE C\-\,b.\NUNI< ::::::--:- . ONCR E CONCRETE POLE POST ~ -{- ~-- - -- CONCRETE '- POLE (#1) GUY WIRES O.H. POWER LINES (24',30',33'.36' V.O.H.C.) CONCRETE t.~.S1UY WIRES GRASS @ " (39'.40',41' V.O.H.C.) r-lICENSE LINE EDGE OF EXISTING ROADWAY INSTALL NEW TYPE III, CLASS III PEDESTRIAN WARNING DEVICE AS SHOWN. FEC R.O.W. .. ~. ~. FEC NO TRESS POST -. 50' 136#RE CWR : __ LICENSE LINE , INSTALL NEW TYPE III. CLASS III ROADWAY WARNING DEVICE AS SHOWN. , 1- 50' 'OST --...... , . f::. ,'J ~0\ -~~') ~ ) : .w \-- - -- - _.- "ER "-v"", IICE'-:A.:..;r . L~_~ r !8t..F. OF-'i:'~: U\:: :G'hF'::n OLD FOUNDATION GRASS ~CONCRETE @ U.:~_ j.:2c.F f)PTC Uf..I':. . O___~;= :S~~~~I~~ R_O~~~~Y_ __ _____ ;r/I:r;\"IE'-S~Fi.m- ()<--~;.s::j.-- U.c. U\[ ~ -\~**- r~- ~..~ ~_~~~~_~:~__~~~\1:~-~'2 ::~~C:J -- -- - - - -- - - - - \i-.;- . ~ ~ .- ~~L71-:~.':"". -;- );>\~'.[~ .-+'7J-;FE~_R.,O.~ . --: . . . , I. \'- ;'!X:~~;_D U'sL::: ,'lAf< .,'iV, ~i .'.~k iCFi5:: I , 50' MILAGRO CENTER 101 SE 1ST STREET 'C!!,?]J, FLORIDA EAST COAST RAILWAY CO. LINE OFFICE OF MANAGER - ENGINEERING SERVICES ST. AIJ.GUSTINE I) ,C. F';'.:C:i'iC GRADE CROSSING IMPROVEMENTS SE 1 ST STREET 316+5088' DELRAY BEACH, FLORIDA ': t.I!!_C (B~U_SC;UT~:" DRAWN BY OWG NO 01-E-126 PWH 316+5088' 1"=20' 8/23/05 CHECKED BY FILE NO SWC:0516211 FLORIDA EAST COAST RAILWAY COMPANY SAINT AUGUSTINE, FLORIDA 08/15/05 DELRA Y BEACH: REMOVE EXIST. 53' TYPE "T" CROSSING AND INSTALL 57' OMNI CONCRETE CROSSING S.E. 1ST STREET, MP 316+5,088' - FDOT # 272869G FILE: 316/39/5088 CROSSING DESCRIPTION Length of Crossing Surface: Number of Tracks: Length of Track Panel: AGREEMENT DESCRIPTION Responsible Party: Agreemem Dale: Division of Responsibility Encase Fiber Optic Cable Maintenance of Traffic Crossing Surface Track Materials Track Construction Paving Overtime COST RECAPITULATION Track & Civil Work Item Encase Fiber Optic Cable Mobilization/Material Consolidation Construct Track Panel & Place Maintenance ofTrafficIPolice Protection Remove Crossing Surface . RemoveiReplace Structure Line & Surface Track Rep]ace Crossing Surface, As Needed Place Asphalt Site Cleanup Overtime Charge for Weekend Work Totals: 57 Tf lEa 97 Tf City of Del ray Beach N/A City City City City City N/A Labor Eauioment nla nla 1,751.27 2,265.60 ],028.18 1,544.97 nla nla 852.3 J 2,097.44 3,2] 4.83 7,199.20 880.32 1,091.28 ],518.1 7 3.736.07 168.50 54.40 570.79 673.80 nla nla 9,984.38 18.662.75 TRACK & CIVIL PROJECT COST: ENGINEERING & SUPERVISION: TOTAL PROJECT COSTS: TOTAL SIGNAL IMPROVEMENT PROJECT COST: COST TO BE BORNE BY CITY OF DELRA Y BEACH: PAVING DESCRIPTION Width (Across Road) Length (A]ong Road) Projected Lift GANG DESCRIPTION 4 Ft. Lauderdale Section 15 Ft. Lauderdale Smoothmg 1 Crane 2 Loader 57 Ft 80 Ft 3 In 10.00% Responsible Material Contract Contingencv Total IJ!ny nla 0.00 0.00 0.00 N/A nla nla 483.13 4.500.00 City 5,345.49 nla 881.36 8,800.00 City nla 8,800.00 900.00 9,700.00 City nla nla 350.25 3.300.00 City nla 0.00 ] ,085.97 11 ,500.00 City 8.068.32 nla 1,060.08 11,100.00 City ] 7,883.66 nla 2,362.11 25,500.00 City nla 12,825.00 1,352.10 ]4,400.00 City nla nla 155.41 1,400.00 City nla n/a 0.00 0.00 NIA 31.297.46 21.625.00 8.630.41 90.200.00 S90,200.00 1,582.46 SIFt 3,608.00 S93,808.00 261,720.00 S355,528.00 NOTE: THE ABOVE IS AN ESTIMATE ONLY, ALL CHARGES WILL BE BASED ON ACTUAL COST EXHIBIT liB" ~fl,Jdell.U!l1 Re\iseJ 1:..18,'00 e DATE: FILE: TYPE: CLASS: NO. OF DAYS: AAR / DOT #: MILE POST: FLORIDA EAST COAST RAILWAY OFFICE OF THE GENERAL MANAGER OF SIGNALS AND COMMUNICATIONS 08/29/05 10.2 III III 12 272869G 316+5088' proj ect Type: FOOT ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT S.E. 1st STREET (DELRAY BCH.) . This estimate should be considered void after one (1) year. MATERIAL GATE ASSEMBLIES GATES GATE FOUNDATIONS WIRED CASES 4'X4', 6' X 6' & HXP-3R BATTERY BOX BATTERIES, SAFT SPL250 MISC. GROUND MATERIAL CONDUIT & DIRECTIONAL BORE CABLE MISCELLANEOUS RELAY EQUIPMENT POWER SERVICE MONITORING EQUIPMENT SANITATION & DISPOSAL FREIGHT & HANDLING TAX @ 6.5% TOTAL MATERIALS UNIT COST $7,479.00 $500.00 $575.00 $93,694.00 $675.00 $212.00 $2,632.08 $45.00 $11,127.40 $1,120.00 $1,800.00 $9,821. 00 $1,500.00 UNITS 4 EA. 4 EA. 4 EA. 1 EA. 2 EA. 40 EA. 1 PKG. 50 FT. 1 PKG. 1 PKG. 1 EA. 1 PKG. 1 PKG. EXCAVATING EQUIPMENT PER DAY EQUIPMENT RENTAL PER DAY FOREMAN'S TRUCK PER DAY GANG TRUCK PER DAY SUPERVISORS TRUCK PER DAY EQUIPMENT TOTAL $181.00 $125.00 $35.00 $63.00 $35.00 12 DAYS 12 DAYS 12 DAYS 12 DAYS 12 DAYS ENGINEERING ENGINEERING TOTAL $6,500.00 1 CONSTRUCTION SUPERVISION LABOR ADDITIVE SUPERVISION TOTAL $312.00 12 DAYS LABOR PER DAY NUMBER OF DAYS LABOR ADDITIVE TOTAL LABOR $1,117.80 12 GANG EXPENSES PER DAY NUMBER OF DAYS TOTAL GANG EXPENSES $553.00 12 SUB-TOTAL CONTINGENCIES 5% TOTAL COST $29,916.00 $2,000.00 $2,300.00 $93,694.00 $1,350.00 $8,480.00 $2,632.08 $2,250.00 $11,127.40 $1,120.00 $1,800.00 $9,821. 00 $1,500.00 $24,974.00 $10.822.00 $203,786.48 $2,172.00 $1,500.00 $420.00 $756.00 $420.00 $5,268.00 $6.500.00 $6,500.00 $2.085.00 $5,829.00 $13,414.00 $7.828.00 $21,242.00 $6,636.00 $249,261.48 $12,463.00 $261,720.00 TOTAL FLORIDA DEPARTMENT OF TRANSPORTATION Listed Below are signal installations by type and class: FLASHING SIGNALS - ONE TRACK Type = 1, Class = 1 FLASHING SIGNALS - MULTIPLE TRACKS Type = 1, Class = 2 FLASHING SIGNALS AND CANTILEVER - ONE TRACK Type 2, Class - 1 FLASHING SIGNALS AND CANTILEVERS - MULTIPLE TRACKS Type = 2, Class = 2 FLASHING SIGNALS AND GATE - ONE TRACK Type = 3, Class = 3 FLASHING SIGNALS AND GATE - MULTIPLE TRACKS Type = 3, Class = 4 FLASHING SIGNALS AND GATE WITH CANTILEVER - ONE TRACK Type = 4, Class = 3 FLASHING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS Type = 4, Class = 4 TYPE OF TRAFFIC CONTROL DEVICES I Flashing signals II Flashing signals with cantilevers III Flashing signals with gate IV Flashing signals with cantilevers & gate CLASS OF TRAFFIC CONTROL DEVICES I Flashing signals - one track II Flashing signals - multiple track III Flashing signals & gates - one track IV Flashing signals & gates - multiple track EXHIBIT "e" FDOT - Type-Class.doc SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* I Flashing Signals - One Track $1,870.00 II Flashing Signals - Multiple Tracks $2,474.00 III Flashing Signals and Gates - One Track $2,820,00 IV Flashing Signals and Gates - Multiple Tracks $3,540.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE: 14-46.002 Responsibility for the Cost of Automatic Highway Grade Traffic Control Devices F. A. RULE EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044. F. S. SPECIFIC LAW IMPLEMENTED: 335.144.F. S. *This schedule was effective July 1, 2001, and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. EXHIBIT "C" INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.c. AND INSURANCE REQUIREMENTS The Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify, defend and save harmless the Florida East Coast Railway, L.L.C from and against all judgments, and all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations of the Contractor, or any of the subcontractors, or both, whether directly or indirectly un~der;~or pursuanrto;tlris- constnlctlort-COfitfact;tncludihg any~suchToslsansingfrom~fne-deatn;-~ bodily injury or personal injury of, as follows: Of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East Coast Railway, L.L.C., employees and officers of materialmen, employees and officers of the Contractor, employees and officers of all subcontractors, and from loss damage, injury and loss of use of any real or personal property (a) in which Florida East Coast Railway Company has any ownership interest, and (b) personal property in the custody of Florida East Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the contents of the same. In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall procure and keep in effect comprehensive general liability insurance in the limits of $5,000,000.00 each occurrence for bodily injury or death and $3,000,000.00 property damage each occurrence with a $5,000,000 aggregate covering all obligations of Contractor to indemnify the Railway by Contractual Assumed Liability Endorsement, with all railroad exclusives removed. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid, Railroad Protective Liability Policies insuring the Railway directly as insured against losses and damages with the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman's Compensation Insurance Policy as required in the State of Florida. All such insurance, directly or indirectly for the benefit of the Railway, shall be in a form satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurance company authorized to do business in the State of Florida that has a "Best's" rating of A or A+ and a financial category size of Class XII or higher. EXHIBIT "D" ~ ' //:- /~-f. / '-'f / / C '-";e. /. "_..~ , . -.-,.. ,. ,-",,/. ,,- ~0 '....... ......, .. LICENSE AGREEMENT THIS LICENSE AGREEMENT, effective as of the day of , 2005, is between FLORIDA EAST COAST RAILWAY, L.L.c. (Address: P. O. Drawer 1048, St. Augustine, Florida 32085), a Florida Limited Liability Company, hereinafter called "RAILWAY" and CITY OF DELRAY BEACH, a political subdivision of the State of Florida, hereinafter called "CITY". WITNESSETH: WHEREAS, the CITY desires to construct, use, maintain, repair, renew and ultimately remove an at-grade public road crossing across and over the tracks, right of way and property of RAILWAY, at the RAILWAY'S Milepost 316 + 3,757', more particularly described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "CROSSING SITE"; and WHEREAS, RAILWAY is agreeable to permitting the CITY to construct, use, maintain, repair, renew and ultimately remove the CROSSING SITE under the terms and conditions set forth herein. NOW, THEREFORE, for the covenants contained herein and other good and valuable consideration, the parties agree as follows: 1. RAILWAY hereby permits the CITY to construct use, maintain, repair, renew and ultimately remove the CROSSING SITE under the terms and conditions set forth herein. F[(" f'"' r r'.' I'.... ".:*l ~ . - ~V. ~"!w:'~~."" r.n\l ~ \l.I"I>I ,,0. qlv~'tO VVV} - .\...,,, 1.. "J"f......; '. vb' - ~ ._-_.~---------_..__.- -.- XFrm0499 Page . ' 2. The CROSSING SITE includes any railroad crossing warning signs, crossing surfaces and automatic crossing warning devices which are, or might be, located within or adjacent to the above-described location, provided that, the construction ofthe CROSSING SITE shall be done by RAIL WAY as provided in this License Agreement ("Agreement") and further provided that, notwithstanding rights to the CITY granted herein, RAIL WAY reserves the right to perform all work required on RAIL WAY'S property including construction, drainage, lighting and vegetation management, in which event CITY shall pay the RAIL WAY the entire cost and expense of labor, materials and equipment furnished by RAILWAY in performing such work. The status of the CITY is that of a licensee and not lessee, granting the CITY the right to use the CROSSING SITE as specified herein. 3. The CROSSING SITE shall be used for public at-grade road crossing purposes only and no utility, including telecommunications facilities, pipes, wires, cables; or other line or structure shall be placed in, on or over the CROSSING SITE without the previous consent in writing of the RAILWAY. CITY further agrees that it will at all times keep the CROSSING SITE, together with the additional portions of the RAIL WAY'S right-of-way within 325 feet of the northerly and southerly limits or boundaries of the CROSSING SITE clear of any vegetation or other growth greater than two (2) feet in height on each side of the tracks at the sole expense of the CITY and without cost to RAILWAY or lien upon RAILWAY'S property. 4. This Agreement is for an initial term of one (I) year and shall continue in effect thereafter from year to year, subject to termination by the RAIL WAY or CITY upon sixty (60) days prior written notice. 5. CITY shall pay an annual license fee in advance to RAILWAY of $4,500.00 (Four Thousand Five Hundred Dollars), for use of the Crossing. The license fee shall be increased XFrm0499 Page 2 each year on the anniversary date of this Agreement, commencing on the anniversary date of the second year of this Agreement, by the product of the annual license fee in effect for the preceding year multiplied by one hundred percent (100%) of the percentage increase, if any, in the Consumer Price Index, (1967=100), issued by the Bureau of Labor Statistics of the U.S. Department of Labor ("Cpr'), or 3%, whichever is greater. The base CPI will be the CPI for the month of the year preceding the applicable anniversary date of this Agreement by ninety (90) days. No adjustment will be made for decreases in the CPI. 6. The provisions and stipulations of this Agreement are a part of the consideration ofthe licensing of the CROSSING SITE, and in the event the CITY shall fail to comply with any of the covenants and conditions, then, at the option of the RAILWAY, this Agreement shall be terminated with full legal rights and remedies retained by the RAIL WAY, including but not limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so. 7. The CITY shall grant forthwith to the RAILWAY necessary permits for the installation, construction, erection, repair and maintenance of any of the RAILWAY -owned or maintained facilities described in this Agreement. If the CITY fails to promptly grant the RAILWAY necessary permits, CITY shall bear all additional expense incurred by the RAIL WAY attributable to such failure, including costs due to slow ordering of trains. CITY shall promptly pay such amounts upon billing by the RAIL WAY. 8. Unless otherwise specified, the cost of and liability for installation, construction, maintenance, replacement and removal of all facilities at the CROSSING SITE, including but not limited to the crossing structure, railroad and highway devices, and grade crossing surfaces, whether performed by the CITY or RAIL WAY, shall be the sole responsibility of the CITY. XFrm0499 Page 3 9. The RAIL WAY shall install the warning devices, including the fixed signs, flashing lights, bells and gates (collectively the "WARNING DEVICES"), at the CROSSING SITE at the sole cost of the CITY. The WARNING DEVICES are a Type III Class III installation as defined in the Florida Department of Transportation Schedule of Signal Installations by Type and Class attached hereto as Exhibit C. Installation costs are estimated to be $194,920.00 as shown on the estimates for signal installation attached hereto as Exhibit B and incorporated by reference. In addition, CITY shall pay unto RAILWAY annually the annual cost of maintenance of said WARNING DEVICES as provided in the Florida Department of Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. The WARNING DEVICES will be owned by the RAILWAY and shall remain at the CROSSING SITE until the RAILWAY decides that they are no longer needed or should be replaced, or until other legal requirements are imposed which shall eliminate or substantially change their operations. 10. The RAILWAY shall replace the existing 64' wide Type T-modified grade crossing structure with a 56.9' wide Omni concrete grade crossing surface (the "SURFACE') along with other improvements as shown on the drawing, attached hereto as part of Exhibit A, in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Index No. 560, as may be amended, at the sole cost of CITY. Installation costs are estimated to be $93,808.00 as shown on the estimates for crossing installation attached hereto as Exhibit B and incorporated by reference. When the RAILWAY determines that the replacement of the new SURFACE is more economical than its continued maintenance, the RAILWAY shall XFrm0499 Page 4 have the exclusive option to replace the SURF ACE with a comparable or improved structure. The replacement costs of the new SURFACE shall be the sole responsibility of the CITY. The CITY shall, at its sole expense, maintain and replace the remainder of the road inside the RAILWAY'S right-of-way, plus any paving which may be located between the ends of the ties. If such work is required due to replacement of the SURFACE, the CITY shall perform such work in accordance with the time and operational requirements of RAIL WAY. The CITY will give prior notice to RAILWAY of all work to be performed by it at or near the CROSSING SITE and no such work shall be performed by CITY without the prior approval of RAILWAY. All work performed by the CITY shall be conducted at such times and in such manner as to not interfere or impeded the operations of RAIL WAY. The RAILWAY shall provide a construction watchman at said CROSSING SITE while work is being performed by the CITY under the provisions of this Agreement, at the sole expense of the CITY. 11. The CITY agrees, acknowledges and understands that the RAIL WAY reserves the right to make any changes at any future time in its existing tracks or other facilities, including the installation, maintenance and operation of any additional track or tracks or other facilities on its right-of-way at the CROSSING SITE. The CITY agrees to bear the total expense of any changes or additions to the pavement and traffic signal devices, the SURF ACE, the WARNING DEVICES or other railroad signalization equipment or new structure at the CROSSING SITE, whether these changes or additions are required by law or order of any public or judicial authority, done voluntarily by the RAIL WAY, or requested by the CITY. 12. The CITY agrees that it will install, maintain and replace all necessary drainage facilities to prevent the accumulation of surface water due to the existence of the CROSSING SITE. Such facilities must first be approved by the RAIL WAY and any governing bodies having XFrm0499 Page 5 jurisdiction thereof and operation of the facilities shall also be subject at all time to their approval. An additional license agreement may be required by the RAILWAY, depending upon the location of such drainage facilities and type, size, depth and other specifications of the proposed facilities, as submitted to the RAILWAY. 13. Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covering illumination of road crossing shall be installed, maintained and replaced at or near this CROSSING SITE by and at the sole cost of CITY. 14. Facilities at or near the CROSSING SITE that are not specifically covered by this Agreement, including but not limited to pedestrian walkways, may not be constructed by CITY at or near the CROSSING SITE without the prior written approval of RAILWAY, which approval is in RAIL WAY'S sole discretion. The cost and liability for such facilities, including but not limited to claims for personal injury or death or damage to property of any person or persons whomsoever, shall be the sole responsibility of City. 15. If at any time RAILWAY, at CITY'S request, performs work required to be performed by CITY hereunder, the cost and liability for such work, including but not limited to claims for personal injury or death or damage to property of any person of persons whomsoever, shall be the sole responsibility of CITY. 16. The CITY further covenants to pay the RAILWAY, within thirty (30) days after presentation of the same, all bills submitted by Railway including maintenance bills as set forth in Paragraph 9 above and all bills for electricity for the lighting and illumination of the CROSSING SITE if same are provided by Railway. 17. At the termination of this Agreement for any cause, or upon termination of the CITY'S use of the CROSSING SITE as herein described, all rights of the CITY shall terminate XFrm0499 Page 6 and the CITY shall remove, under the RAILWAY'S supervision and direction, at CITY'S entire cost and expense, said road and all non-RAILWAY-owned improvements placed upon the RAILWAY'S right-of-way and restore the ground to its original condition. 18. The CITY shall indemnify, defend and hold harmless RAILWAY for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the CROSSING SITE arising out of the existence of the CROSSING SITE. 19. The CITY shall not in any way, or at any time, interfere with or obstruct RAILWAY'S right-of-way, the movement of RAILWAY'S trains and other railroad operations, or interfere with the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assIgns, invitees, lessees or licensees. 20. The CITY shall indemnify, defend and hold harmless RAILWAY it's affiliates, officers, directors and employees from any and all suits, claims, liability, losses, damages, expenses and costs (including reasonable attorneys fees) incurred by or asserted against RAILWAY whether for personal injury or death or damage to property of any person or persons whomsoever, relating to, resulting from or arising out of the construction, installation, maintenance or replacement of the CROSSING SITE by RAILWAY, the performance of work by RAIL WAY required to be performed by CITY hereunder, or the use of the CROSSING SITE or CITY facilities, including but not limited to pedestrian walkways, at or near the CROSSING SITE and regardless of whether such injury or damage is caused or alleged to be caused, in whole or in part, by the negligence of RAIL WAY. Notwithstanding the foregoing, the CITY shall have no indemnification obligation for the intentional, wrongful acts of RAILWAY. XFrm0499 Page 7 The CITY will include in any contract which it may let for the whole or part of any work to be performed hereunder by or for the CITY, each and every one of the terms and conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.c. AND INSURANCE REQUIREMENTS" attached hereto and made a part hereof as Exhibit D. 21. ( a) CITY, at its own cost and expense, when performing any work in connection with the CROSSING SITE shall request RAILWAY to furnish any necessary construction watchmen for the protection of RAIL WAY'S employees, property and train operations. RAIL WAY shall be notified at least one (1) week in advance of the performance of any work in connection with the CROSSING SITE. (b) In addition to, but not in limitation of any of the foregoing provisions, if at any time RAILWAY should deem it necessary to place construction watchmen for the protection of any person or property, during the construction, maintenance, repair, alteration, renewal, or removal at the CROSSING SITE, RAILWAY shall have the right to place such construction watchmen, or other persons at the sole cost and expense of the CITY. Upon receipt of a bill from RAILWAY, CITY shall promptly pay RAILWAY the full cost and expense of such construction watchmen. The furnishing or failure to furnish construction watchmen, or other persons by the RAILWAY under this paragraph, however, shall not release CITY from any and all other liabilities assumed by CITY under the terms of this Agreement, including its obligations under Paragraph 20 hereof. The CITY shall give the RAILWAY one (1) week's advance written notice when it or its contractor or anyone claiming under this Agreement proposes to enter upon the CROSSING SITE to perform work under this Agreement in order that proper warning may be provided for trains. In emergency situations CITY shall give the RAIL WAY telephonic XFrm0499 Page 8 notice. The CITY further agrees that at all times its personnel or agents are on the property of the RAILWAY, they will be accompanied by a RAILWAY representative and any cost involved will be borne by the CITY. 22. After the SURFACE and WARNING DEVICES have been installed and all other work to be performed by the RAILWAY under this Agreement has been completed and found to be in satisfactory working order by the RAIL WAY, the RAILWAY shall furnish to the CITY an invoice showing the final total cost of material, labor and equipment furnished by the RAILWAY, in accordance with the estimate of said cost to the CITY to be $288,728.00 set forth in Exhibit B and CITY shall pay such invoice no later than thirty (30) days from the date thereof. 23. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching the CROSSING SITE shall be the sole responsibility and cost of the CITY, and at its sole expense. 24. The CITY shall promptly pay RAILWAY all charges for replacement, repair or otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of the date of invoice. Failure to promptly pay to RAILWAY amounts billed as due under this Agreement shall constitute default by the CITY. 25. The CITY hereby acknowledges that it has been notified that its personnel will or may be working in an area containing active fiber-optic transmission cable as well as other cables and other facilities. 26. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. XFrm0499 Page 9 27. This Agreement will be govemed by the laws of the State of Florida. It constitutes the complete and exclusive statement of the Agreement between the parties which supersedes all proposals, oral or written, and all other communications between the parties related to the subject matter of this Agreement. Any future change or modification of this Agreement must be in writing and signed by both parties. 28. It is understood by and between the respective parties hereto that this License Agreement cancels and supersedes any other License Agreements between the RAIL WAY and CITY with respect to the matters contained herein, and more specifically, the existing License Agreement between the RAILWAY and CITY dated December 9, 1985. XFrm0499 Page 10 IN WITNESS WHEREOF, the RAILWAY and the CITY have caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicated the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed, sealed and Delivered in the presence of: FLORIDA EAST COAST RAIL WAY, L.L.C., a Limited Liability Company By: (Seal) ATTEST: Witnesses as to RAIL WAY Assistant Secretary DATE: CITY OF DELRA Y BEACH, a political subdivision of the State of Florida By: Title: Witnesses as to CITY Attest: Title: Date: XFrm0499 Page 11 LICENSE AREA September 21, 2005 File: 316/39/3757 N.E. 1st STREET - MILEPOST 316+3,757' - FDOT # 272491B A PARCEL OF LAND WITH UNIFORM WIDTH OF NINETY (90) FEET NORTHERLY AND SOUTHERLY AND EXTENDING EASTERLY AND WESTERLY ACROSS THE RIGHT -OF- WAY AND MAIN TRACK OF THE RAILWAY AT N.E. 1ST STREET IN DELRAY BEACH, FLORIDA, WITH LONGITUDINAL CENTER LINE OF SAID PARCEL LOCATED THREE THOUSAND SEVEN HUNDRED FIFTY SEVEN (3,757) FEET SOUTHERLY FROM THE RAILWAY'S MILE POST NO. 316 AS MEASURED FROM JACKSONVILLE, FLORIDA, SAID RIGHT-OF-WAY OF THE RAILWAY HAVING A TOTAL WIDTH OF ONE HUNDRED (100) FEET AT THIS LOCATION, BEING FIFTY (50) FEET IN WIDTH ON THE EAST AND WEST SIDE OF THE CENTERLINE OF THE MAIN TRACK. EXHIBIT "A" SOUTH TO MIAMI - SERVICE DROP POLEN 2 SIGN: PHALT) (R5-1 A) X60" OVAL SEWER PIPE J AVENUE FEC R.O. W. J U::: 50 GRASS @ REMOVE EXISTING 64' CONCRETE TYPE CROSSING SURFACE. INSTALL NEW 56.9' CONCRETE CROSSING SURFACE. (7 PANELS @ 8.125' EACH=56.9') CLASS III ROADWAY DDITIONAL TWO-WAY ,S SHOWN. INSTALL NEW TYPE III, CLASS III ROADWAY WARNING DEVICE WI ADDITIONAL TWO-WAY SIDELIGHTS AS SHOWN. 136NRE CWR ------r --- 50 .. 17.5' .1 '-EOP RAILROAD AVENUE (ASPHAL T) r CURB FEC~.O.'!L ~ 1 STORY BUILDING 773;' (~ ~-UJR,DA. E,I~ST CC,,",ST RAiLWAY CO. OFF-ICE CF t.,j,t..NAGER - Ej\IGIN:::EPI,'~C SER'/iCES ST. A:JGUS:ir-;E GR.i\DE CRCSSf\G i'lIPROVE~1GHS ~IE 1 ST STF;EU 316-;-3757' NOTE: DELRAY BEACH. FLORIDA D~A"i1,'1 8'( :'.LP 1"=2:]' 2./22,/C;S _.,:,--~ .~.;.. FLORIDA EAST COAST RAIL WAY COMPANY SAINT AUGUSTINE, FLORIDA 08115/05 DELRA Y BEACH: REMOVE EXIST. 64' TYPE "T" CROSSING AND INSTALL 57' OMNI CONCRETE CROSSING N.E. 1ST STREET, MP 316+3,757' - FDOT # 272491B FILE: 316/39/3757 CROSSING DESCRIPTION Length of Crossing Surface: Number of Tracks: Length of Track Panel: AGREEMENT DESCRIPTION Responsible Party: Agreement Date: Division of Responsibility Enc~eFiberOpticCaWe Maintenance of Traffic Crossing Surface Track Materials Track Construction Paving Overtime COST RECAPITULATION Track & Civil Work Item Encase Fiber Optic Cable MobilizationlMaterial Consolidation Construct Track Panel & Place Maintenance ofTraffic!Police Protection Remove Crossing Surface RemovelReplace Structure Line & Surface Track Replace Crossing Surface, As Needed Place Asphalt Site Cleanup Overtime Charge for Weekend Work Totals: 57 If I Ea 97 If City of Del ray Beach N/A City City City City City N/A Labor EauiDmenl n/a n/a 1,75\.27 2,265.60 1,028.18 1,544.97 n/a n/a 85231 2,097.44 3,2 I 4.83 7,199.20 880.32 1.091.28 1,518.17 3,736.07 168.50 54.40 570.79 673.80 n/a n/a 9,984.38 18,662.75 TRACK & CIVIL PROJECT COST: ENGINEERING & SUPERVISION: TOTAL PROJECT COSTS: TOTAL SIGNAL IMPROVEMENT PROJECT COST: COST TO BE BORNE BY CITY OF DELRAY BEACH: PAVING DESCRIPTION Width (Across Road) Length (Along Road) Projected Lift 57 Ft 80 Ft 3 In GANG DESCRIPTION 4 Ft. Lauderdale Section 15 Ft. Lauderda]e Smoothing I Crane 2 Loader 10.00% Responsible Material Contract Contingency Tota] ~ n/a 0.00 0.00 0.00 N/A n/a n/a 483.13 4,500.00 City 5,345.49 n/a 881.36 8,800.00 City n/a 8,800.00 900.00 9,700.00 City n/a n/a 350.25 3,300.00 City n/a 0.00 1,085.97 11,500.00 City 8,068.32 n/a 1.060.08 11,100.00 City 17,883.66 n/a 2,362.11 25,500.00 City n/a 12,825.00 1,352.]0 14,400.00 City n/a n/a 155.41 1,400.00 City n/a n/a 0.00 0.00 N/A 31,297.46 2 \,625.00 8,630.4 I 90,200.00 590,200.00 1,582.46 SIFt 3,608.00 593,808.00 194,920.00 5288,728.00 NOTE: THE ABOVE IS AN ESTIMATE ONLY, ALL CHARGES WILL BE BASED ON ACTUAL COST EXHIBIT "B" Model Lasl Rt'\-illlXll:!'18:UO e FLORIDA EAST COAST RAILWAY OFFICE OF THE GENERAL MANAGER OF SIGNALS AND COMMUNICATIONS DATE: FILE: TYPE: CLASS: NO. OF DAYS: AAR / DOT #: MILE POST: 08/29/05 10.2 III III 12 272491B 316+3757' Project Type: FDOT ESTIMATED COST FOR HIGHWAY CROSSING WARNING DEVICES AT N.E. 1st STREET (DELRAY BCH.). This estimate should be considered void after one (1) year. MATERIAL GATE ASSEMBLIES GATES GATE FOUNDATIONS ADDITIONAL FLASHING LIGHT ASSEMBLIES WIRED CASE, 6' X 6' & HXP-3R BATTERY BOX BATTERIES, SAFT SPL250 MISC. GROUND MATERIAL CONDUIT & DIRECTIONAL BORE CABLE MISCELLANEOUS RELAY EQUIPMENT POWER SERVICE MONITORING EQUIPMENT SANITATION & DISPOSAL FREIGHT & HANDLING TAX @ 6.5% TOTAL MATERIALS UNIT COST UNITS TOTAL COST $7,479.00 4 EA. $29,916.00 $500.00 4 EA. $2,000.00 $575.00 4 EA. $2,300.00 $2,464.00 2 EA. $4,928.00 $49,847.00 1 EA. $49,847.00 $675.00 1 EA. $675.00 $212.00 30 EA. $6,360.00 $1,911.72 1 PKG. $1,911 . 72 $45.00 40 FT. $1,800.00 $3,500.00 1 PKG. $3,500.00 $1,120.00 1 PKG. $1,120.00 $1,800.00 1 EA. $1,800.00 $7,971.00 1 PKG. $7,971.00 $1,500.00 1 PKG. $1,500.00 $17,119.00 $7.418.00 $140,165.72 $181. 00 12 DAYS $2,172.00 $125.00 12 DAYS $1,500.00 $35.00 12 DAYS $420.00 $63.00 12 DAYS $756.00 $35.00 12 DAYS $420.00 $5,268.00 $6,500.00 1 $6.500.00 $6,500.00 $312.00 12 DAYS $3,744.00 $2.085.00 $5,829.00 $1,117.80 $13,414.00 12 $7.828.00 $21,242.00 $553.00 12 $6,636.00 $185,640.72 $9,282.00 $194,920.00 272491B.xls EXCAVATING EQUIPMENT PER DAY EQUIPMENT RENTAL PER DAY FOREMAN'S TRUCK PER DAY GANG TRUCK PER DAY SUPERVISORS TRUCK PER DAY EQUIPMENT TOTAL ENGINEERING ENGINEERING TOTAL CONSTRUCTION SUPERVISION LABOR ADDITIVE' SUPERVISION TOTAL LABOR PER DAY NUMBER OF DAYS LABOR ADDITIVE TOTAL LABOR GANG EXPENSES PER DAY NUMBER OF DAYS TOTAL GANG EXPENSES SUB-TOTAL CONTINGENCIES 5% TOTAL FLORIDA DEPARTMENT OF TRANSPORTATION Listed Below are signal installations by type and class: FLASHING SIGNALS - ONE TRACK Type = 1, Class = 1 FLASHING SIGNALS - MULTIPLE TRACKS Type = 1, Class = 2 FLASHING SIGNALS AND CANTILEVER - ONE TRACK Type = 2, Class = 1 FLASHING SIGNALS AND CANTILEVERS - MULTIPLE TRACKS Type = 2, Class = 2 FLASHING SIGNALS AND GATE - ONE TRACK Type = 3, Class = 3 FLASHING SIGNALS AND GATE - MULTIPLE TRACKS Type = 3, Class = 4 FLASHING SIGNALS AND GATE WITH CANTILEVER - ONE TRACK Type = 4, Class = 3 FLASHING SIGNALS AND GATE WITH CANTILEVER - MULTIPLE TRACKS Type = 4, Class = 4 TYPE OF TRAFFIC CONTROL DEVICES I Flashing signals II Flashing signals with cantilevers III Flashing signals with gate IV Flashing signals with cantilevers & gate CLASS OF TRAFFIC CONTROL DEVICES I Flashing signals - one track II Flashing signals - multiple track III Flashing signals & gates - one track IV Flashing signals & gates - multiple track EXHIBIT "e" FOOT - Type-Class.doc SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* I Flashing Signals - One Track $1,870.00 II Flashing Signals - Multiple Tracks $2,474.00 III Flashing Signals and Gates - One Track $2,820,00 IV Flashing Signals and Gates - Multiple Tracks $3,540.00 AUTHORITY: FLORIDA ADMINISTRATIVE RULE: 14-46.002 Responsibility for the Cost of Automatic Highway Grade Traffic Control Devices F. A. RULE EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 334.044. F. S. SPECIFIC LA W IMPLEMENTED: 335.144.F. S. *This schedule was effective July 1, 2001, and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. EXHIBIT "C" INDEMNITY OF FLORIDA EAST COAST RAILWAY, L.L.c. AND INSURANCE REQUIREMENTS The Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify, defend and save harmless the Florida East Coast Railway, L.L.C from and against all judgments, and all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations of the Contractor, or any of the subcontractors, or both, whether directly or indirectly under,-orpurs-mmrt<:5;-tllls constructIon contfacl-;inclumng ailysudfCostsanslng from tlie aeafli~-- -. bodily injury or personal injury of, as follows: Of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East Coast Railway, L.L.C., employees and officers of materialmen, employees and officers of the Contractor, employees and officers of all subcontractors, and from loss damage, injury and loss of use of any real or personal property (a) in which Florida East Coast Railway Company has any ownership interest, and (b) personal property in the custody of Florida East Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the contents of the same. In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall procure and keep in effect comprehensive general liability insurance in the limits of $5,000,000.00 each occurrence for bodily injury or death and $3,000,000.00 property damage each occurrence with a $5,000,000 aggregate covering all obligations of Contractor to indemnify the Railway by Contractual Assumed Liability Endorsement, with all railroad exclusives removed. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid, Railroad Protective Liability Policies insuring the Railway directly as insured against losses and damages with the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman's Compensation Insurance Policy as required in the State of Florida. All such insurance, directly or indirectly for the benefit of the Railway, shall be in a form satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurance company authorized to do business in the State of Florida that has a "Best's" rating of A or A+ and a financial category size of Class XII or higher. EXHIBIT "D" MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGERt/VI AGENDA ITEM # ~.;;L - SPECIAL MEETING OF APRIL 11, 2006 CONTRACT AWARD/NUTTING ENVIRONMENTAL OF FLORIDA. INC. SUBJECT: DATE: APRIL 7, 2006 This item is before the Commission to approve a contract award to Nutting Environmental of Florida, Inc. in the amount of $15,240.00 for a Phase II Environmental Property Assessment at the proposed Old School Square Park site. The Phase II Environmental Assessment includes a geophysical survey for physically locating any underground tanks; and soil and ground water sampling with associated testing. The Phase II Environmental Assessment has been recommended based upon the findings of the Phase I Environmental Assessment which was conducted on March 6, 2006. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old School Square). Recommend approval of the contract award to Nutting Environmental of Florida, Inc. in the amount of $15,240.00 for a Phase II Environmental Property Assessment at the proposed Old School Square Park site. S:\City Clerk\ agenda memos\CM Contract Award NEF 041106 City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com TO: David Harden, ~?~ager Victor MajteR~'~truction Manager FROM: SUBJECT: OLD SCHOOL SQUARE PARK, (PIN 2004-044.1) Agenda Request; Phase II Environmental Property Assessment. DATE: April 5, 2006 The attached agenda item is for Commission to approve an award of services to Nutting Environmental of Florida, Inc. in the amount of $15,240.00 for conducting a Phase II Environmental Assessment at the proposed park site. The scope of services include a geophysical survey for physically locating any underground tanks and soil and ground water sampling with associated testing. This process will require thirty soil borings for testing and four monitoring wells for sampling. Staff authorized Nutting Environmental to perform a Phase I Environmental Property Assessment on March 6, 2006. Findings show several commercial uses for the properties dating back to 1924; see attached "Findings and Conclusions", excerpted from the Phase I Environmental Property Assessment report dated March 2006. Based on this historical data, they recommend the above referenced services (proposal attached). Funding for this work is available from account 380-4150-572-63.29,2004 G.O. Bondi Old School Square. If this is acceptable please place on the April 11 th, 2006 commission workshop agenda. cc: Richard Hasko, P.E.; Director of Environmental Services Randal Krejcarek, P.E.; City Engineer Carolanne Kucmerowski; City Clerks Office Agenda file; 04/11/06 Project File; 2004-044.1 (A) S:\EngAdmin\Projects\2004\2004-044.\ \LETTERS\Agda Memo Nutting Env. Phs II 04.\1.06.doc ~ . E PHASE I ENVIRONMENTAL PROPERTY ASSESSMENT OF PARKING LOT TOWN OF LINTON BLK 76, SOUTH PORTION OF LOTS 3-6 & 9-12 VICINITY OF NE 1ST AVENUE AND ATLANTIC AVENUE DELRAY BEACH, PALM BEACH COUNTY, FL 33444 FOR CITY OF DELRAY BEACH DEPARTMENT OF ENVIRONMENTAL SERVICES ENGINEERING DIVISION 434 SOUTH SWINTON AVENUE DELRAY BEACH, FL 33444 PREPARED BY NUTTING ENVIRONMENTAL OF FLORIDA, INC. 1310 NEPTUNE DRIVE BOYNTON BEACH, FL 33426 MARCH 2006 NUTTING ENVIRON ME NTAL OF FLORIDA. INC. EnvilO nmen'taJ Pro pe rty A:s:s:essments: Contarn irate n A:ss:ssrre nts: · Ii'erred iate n tabo rat:) ry Sel'lfices+ IlJbnitorirg Wells WAW. nutti rgengi neers.co m · inn@n uttinge rg inee lS.com 131 0 Neptune Drive · Boynton Beach, FL 33426 Boynton Beach (561) 732-7200. Pompano Beach (954) 782-7200. MiamVDade (305) 858-0981 · Fax (561) 737-9975 I I I I I ~ I I I I I I I I I I I I I 6.0 FINDINGS AND CONCLUSIONS We have performed a Phase I Environmental Property Assessment in limited accordance with the scope and limitations of ASTM Practice E-1527 of the above referenced site, the property. Any additions, exceptions to, or deletions from, this practice are described in Section 2.0 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the property except for the following: Based on a review of the information collected in this investigation, it is NEF's understanding the East Parcel of the subject property was historically developed prior to 1922 with a residential building. An auto repair building was constructed on the East Parcel by 1924. The residential building and auto repair building were demolished prior to 1949 and a building used for vulcanizing was constructed on the subject site. According to historical city directories dated 1959, Colony Cleaners and Laundry was located on the East Parcel. A tire servicelbuffing building and a tire storage building (Pierce Tire Co.) were constructed on the East Parcel prior to 1963. An additional building was constructed on the East Parcel in the mid 1960's. The subject site remained relatively the same until Loomis Brake & Front End was located on the East Parcel in the early 1990's. The buildings on the East Parcel were demolished and the East Parcel was developed with an asphalt paved parking lot in 1995. The East Parcel has remained relatively the same from 1995 to the present date. Based on a review of the information collected in this investigation, it is NEF's understanding the West Parcel of the subject property was historically developed prior to 1922 with a small building. Delray Lumber Co. occupied the subject site prior to 1924. The site consisted of a Lumber Shed, Sash, Door & Blinds building, automotive garage building, a store building and two lumber storage areas. The lumber shed and storage area in the northeast portion of the West Parcel was expanded and a cement warehouse, paint building and oil house were constructed on the West Parcel prior to 1949. Renuart Bailey, Cheely Lumber and Supply Co. was located on the West Parcel of the subject site prior to 1963 until 1966 when Sarber Lumber Co. was located on the West Parcel. Additional lumber sheds were constructed and the oil house was demolished prior to 1963. An Upholstery Shop was located on the West Parcel in 1968. A Goodwill Auto Parts store was located on the west parcel in 1970. A Goodwill store was located on the subject site prior to 1973 until 1984. A beauty salon was located on the West Parcel between 1985 and 1989. The southeast lumber shed was demolished prior to 1989. The buildings on the north portion of the West Parcel were demolished prior to 1993. An appliance repair shop, alterations shop and telecommunications shop were located on the West Parcel between 1991 and 1994. The southwest buildings were demolished and the West Parcel was developed with an asphalt paved parking lot in the late 1990's. The West Parcel has remained relatively the same from the late 1990's to the present date. Historical Uses on the Subject Site A building labeled "Vulcanizing" was mapped on the East Parcel in the 1949 Sanborn Fire Insurance Map. Vulcanization is the process of curing natural rubber by adding sulfur or other additives under the influence of heat and pressure. In addition, the subject property has historically been occupied by automotive repair facilities. The subject site was historically occupied by lumber companies from the early 1920's until the early 1960's. The following three chemicals have commonly been used historically in wood preservation: pentachlorophenol (PCP) and creosote (both oil-borne organics), in addition to arsenicals (water-borne in organics) consisting primarily of copper chromium arsenate (CCA). Most wood preservation processes involve pressure treatment or impregnating wood with chemicals that protect the wood from biological deterioration and against insect and fungal attack. Some wood species can be treated by non-pressure processes such as thermal treatment. However, this process can only be used with oil-borne preservatives. In the first half of the twentieth century, creosote, a by-product of coal-tar pitch was the dominant preservative used for railroad and bridge ties and utilitY poles. The primary pollutants of concern from creosote are polycyclic aromatic hydrocarbons. By 1970, PCP which is manufactured from two basic commodity chemicals, phenols and chlorine was used to treat approximately 50% of utility poles. - . NUTTING E ~~~!5~NMENTAL 22 In the 1960s CCA began competing with other wood preservatives. By 1995, CCA use accounted for approximately 80% of wood preservation use. CCA is composed of the oxides or salts of chromium, copper and arsenic. The copper in the wood serves as the fungicide whereas the arsenic protects the wood against insects. The chromium fixes the copper and arsenic to the wood. CCA is primarily used to treat lumber, timber, posts and plywood. It is possible that releases of wood preserving compounds to the soil and potentially groundwater occurred at the site over the approximate 40 year period that these facilities occupied the subject site. These releases may have occurred through potential vessels containing preservative solution, storage and/or transfer of the preservative liquids, leaching from stockpiled preserved lumber and other related sources. Given the historical use of the site and the variety of contaminants that have been stored and/or used on the subject property, it is NEF's opinion there is a low to moderate likelihood soil and/or groundwater on the subject property may have been impacted by these facilities. NEF recommends that background soil and groundwater quality be evaluated via the performance of soil borings and the installation of shallow water table monitoring wells. Soil quality should be evaluated for volatile organic compounds during drilling operations via the collection of soil samples at vertical 2' intervals for field headspace screening using a portable flame ionization detector. Should elevated OVA readings be observed, NEF would recommend the collection of a soil sample for laboratory analysis per volatile organics by EPA Method 8260, semivolatile organics by EPA Method 8270, TRPH using the FL-PRO Method, 13 Priority Pollutant metals and dioxin scan from the soil sample that exhibits OVA results in excess of 10 ppm. The groundwater monitoring well should be purged and sampled for analysis for volatile organics by EPA Method 8260, and semivolatile organics by EPA Method 8270, TRPH using the FL-PRO Method, 13 Priority Pollutant metals and dioxin scan. Given the above and the long term ~istorical use of the subject property for automotive and light industrial uses, the potential exists for undocumented, abandoned USTs to be present on the subject site. In many cases undocumented underground tanks were improperly abandoned (Le., left in place). NEF recommends that a Geophysical Survey be performed to attempt to locate additional potential underground structures (Le, USTs, septic tanks, and oiVwater separators, etc.) that may be present on the subject property. NEF may make additional recommendations based on the Geophysical Survey findings. Off-Site Concern Business Name Ocean City Lumber Co. Address 22 N. Railroad Ave Distance & Direction -150 ft E This facility was listed in the following databases: UST Based on a review of information on file with the Florida Department of Environmental Protection (FDEP), this facility formerly maintained one 1,000-gallon underground storage tank (UST) system containing leaded gasoline. No installation date has been reported for this UST. This UST was reportedly removed in March 1989. According to a letter on file with ERM dated May 11, 1989, soil contamination was discovered during tank removal activities. A temporary monitoring well was installed in the tank excavation and sampled for EPA Method 602. Laboratory analysis of groundwater samples from the temporary monitoring well were reported below groundwater cleanup target levels (GCTLs). The ERM letter stated that "upon receipt of the sample analyses, proper documentation of soil removal, and a completed copy of the DER Storage Tank Notification Form, this Department will require no further action relative to this matter." No additional information regarding this UST was available for review. In addition, a Sanborn Maps dated between 1922 and 1963 indicated a lumber company was located approximately 100 feet east of the subject property. It is possible that releases of wood preserving compounds to the soil and potentially groundwater occurred at this facility during the time of operation of the lumber yard. These releases may have occurred through potential vessels containing preservative solution, storage and/or transfer of the preservative liquids, leaching from stockpiled preserved lumber and other related soils. NEF recommends this concern be addressed as part of the above listed scope of work. ~ . NUTTING . S~~!B~NMENTAL 23 03-30-'06 10:42 FROM-Nutting Engineers 5617379975 T-201 P002/006 F-200 - . NUTTING E ~~lR.9.NM ENTAL E nvironrrental Propq AsseSSMe nt5 Contamlnilticn A...menu + R'erredlatbn Laboralcry Servbes+ Monitufng W.I~ wWN.nuttingltrgineltlS.com. intoS nutlngengineel5S.oom March 28, 2006 The City of Delray Beach Department of Environmental ServlceslEnglne8ring Division 434 S. Swinton Avenue Delray Beach. Fl 33444 Attn: Mr. Vlotor Majtenyl Re: Proposal for Phase II environmental Property A88eument Town of Unton Blk 76, South Portion of Lots 3-6 & 9-12 Parking Lot Vicinity of Northeast 1st Avenue and Atlantic Avenue Delray Beach, Palm Beach County, FL 33444 NEF l# 747.33 Dear Mr. Majtenyi: NUTTING ENVIRONMENTAL OF FLORIDA, INC. (NEF) Is pleased to present this proposal for the performance of a Phase" Environmental Property Assessment at the above referenced property in accordance with your request. The purpose of this project is to develop additional information regarding "recognized environmental conditions" on the property based on information developed during the Phase I Environmental Property Assessment investigation of March 2006. NEF proposes to perform a Phase" Environmental Property Assessment, in general accordance with the scope and limitations of ASTM Practice E-1903, including the specific scope of work listed below: Geophysical Survey: · Performance of geophysical survey by Ground Hound Detection Services Inc. to locate potential underground storage tanks that may be present on the subject property $1,500.00 Site Investigation: . MobilIZation of drill rig and crew. 4 day(s) 0 $ 1501day $ 600.00 . Environmental Specialist for collection of soil samples and field headspace testing. 3 day (s) 0 $ 5601day $1,680.00 . Flame Ionization Detector rental. 3 day(s) II>> $ 1oo/day $300.00 Propos.1 for: City of Detray Beech Page 1 of 5 March 28, 2006 1310 Neptune Drive. Boynton Beach, FL 33426 Boynton Beach (561) 732-7200. Pompano Beach (954) 782-7200. MlamVDade (305) 868-0981 · Fax (581} 737-9975 03-30-'06 10:42 FROM-Nutting Engineers 5617379975 T-201 P003!006 F-200 . Performance of 30 split spoon soil borings to an estimated depth of 10 feet below land surface with field heads pace testing (via flame ionization deteotor) of soli samples obtained at two foot vertioal intervals. 30 borings 0 $ 1oo/ea. $3,000.00 · If elevated OVA reading or visibly impacted soli are ob88rved, NEF would recommend the collection of soil samples for laboratory analysis per volatile organics by EPA Method 8260, semlvolatile organics by EPA Method 8270, TRPH using the FL-PRO Method, 13 Priority Pollutant metals and dioxin scan sample(s) 0 $ 745.00leach TBD . Installation of two inch diameter PVC shallow water table monitoring well(s) with a conventional truck-mounted mobile drill rig (completed with locking cap within an 8.inch diameter meter box or standpipe). 4 well(s) @ $ SOa/each $2,000.00 . Collection of groundwater samples with peristaltio pump and virgin HOPE tubing. Estimate 4 sample(s) 0 $ 100/each $400.00 . Laboratory Analysis of Groundwater Samples per EPA Methode 8260, EPA Method 8270, TAPH using the FL-PRO Method, 13 Priority Pollutant metals and dioxin scan 4 sample(s) @ $960.00/each Miscellaneous Services: $ 3,840.00 . Environmental Specialist for obtaining utility clearance 2 hours estimated 0 $ 8Olhour $ 160.00 Contingency Items; Impacted soil may either be drummed within 55-gallon drums or stockpiled on site depending on the amount of tainted soil encountered. Contaminated well development and purge water may be containerized within 5S-gaJlon drums. Should "excessively contaminated" soil (as defined in Chapter 62-770 Florida Administrative Code as currently adopted by the OEP) be identified during NEF's drilling activities, the tainted soil will be containerized within 55-gallon drums. Ultimately, it is the responsibility of the contracting party who initiated the site investigation to arrange for drum disposal. Drums should be properly disposed of within 180 days of the accumulation start date. Should containerization of waste materials or soil stockpiling prove necessary, NEF would be happy to assist in drum or stockpile disposal according to the following unit rates: Contingency . Provision of 55 gallon drums C $ 551eaoh Contingency . Pre-disposal characterization of tainted soil at state certified environmental laboratory (based on non-hazardous petroleum waste, hazardous waste by separate quote). One sample is required for up to 140 tons of soil. If soil tonnage exceeds 140 tons up to 700 tons. three prebum samples will be required. If elevated contaminant concentrations are recorded for hazardous compounds additional analysis may be required per separate quote. Collection of sample 0 $ 60 per sample Laboratory analysis (EPA Methods 801018020. FlC-PRO, 8 RCRA metals. "4 sulfur and TOX) CiI $ 650IeaCh Contingency Project Administration and Report Preparation: Proposal for: City of Delray Beach Page 2 of 5 M8rch 28, 2008 1310 Neptune Drive. Boynton Beach, FL 33426 Boynton Beach (561) 732-7200. Pompano Beach (954) 7~-7200. MiamI/Dade (305) 858-0981 · Fax (661) 737-9975 03-30-'06 10:42 FROM-Nutting Engineers 5617379975 T-201 P004/006 F-200 · Data analysis and project aclministratfon by Project Manager. 12 hour(s) 0 $8OJhour $960.00 · Report preparation by Project Manager. 10 hour(s) 0 $801h0ur $ 800.00 · Report review by Professional Engineer. 1 hour(s) .. $1501hour Estimated Pha88 II Fee Amou For the purpose of this project, the entity listed below will be known as the client. The client alone along with entities identified in this proposal may use and rely upon this report. If NEF Is contacted within one year of the date of the report by the client, it may be possible to prepare "use and rely" letters for additional parties. The client is expected to furnish NEF with full information 88 to the cllenfs andlor lender's speclfic requirements. The client is expected to provide NEF with existing environmental data and other information related to the subject property. such as recent sketches of survey to assist us in report preparation. Speciflo information required by NEF in order to commence the project (if not already available in an existing report prepared by NEF) is detailed in the attaohed Project Information Checklist. The Scope of Work and Fee Amount listed above and the Project Information Checklist and General Terms and Conditions, consisting of one attachment, represent the entire agreement between the client and NEF with respect to the project. It should be noted that NEF will not be able to initiate the project until the required information is received, thus resulting in corresponding delays to the project delivery due date. If this satisfactorily meets your needs, please sign and return the same to NEF, along with the deposit specified In the General Terms and Conditions and this will serve as our authorization to proceed_ We look forward to providing these prof96sional services to your firm. Our experienced staff has evaluated hundreds of properties for a variety of clients throughout Florida. We have assisted numerous lenders, developers and investors toward identifying areas of environmental concern and documenting the historic use of the properties. For further information regarding our company's qualifications and experience. please refer to our World Wide Web page at www.nuttingengineers.com or contact the undersigned at your convenience. Sincerely . Date Accepted NUTTING ENVIRONMENTAL OF FLORIDA, INC. Signature: By: Sarah Fuchs By (print): Tille; Project Manager Company: NOTE: The party listed above will be oonsidered our client and will be responsible for payment of services. Filename: City of DQlray Beach. Parking lot, P2 qt S.28.06 Specific TUlNllI'ld conditio. For the PUIJlOl. oflhia proj8Ct. thl addre8Cil. Of this pmpoaat will DlllnOWn all'll Clilnt The Clllnt illl!llp8CIeCI to fumiah NUTTING will'l full written InlbnnalJon as to tne eli.n\'. and/or Iendlrs splClllC repon requirements prIOr to execubng II1Is IIlreemenl. 11Ie Client Is expecle<l to provicle NU'TtING Wltn eXIsting environmental data/repoltS and othl' infOrmation AlIat8d to the subject propel\', such as recent sketc/les of IIIlvey to assist us in report preparation. Specific information required by NUTTING in order to commence tne Phase I EnvironmentlJll ProperlY Aesessment proQeP ia deleiled in the 1JIltel:hed Projectlmorm.fion Chec;k1ist. Propoul for: City of DelnIY Beach P.g8 3 of 5 March 28, 2008 1310 Neptune Drive. Boynton Beach, FL 33426 Boynton Beach (561) 732-7200. Pompano Beach (954) 782-7200. MlamllDade (306) 868-0981 · Fax (561) 737-9976 03-30-'06 10:42 FROM-Nutting Engineers 5617379975 T-201 P005/006 F-200 Delivery - Two copies of the final report wiD be available within 3-4 WlMtIcs of receipt of written authorization to proceed and deposit unleS$ other arrangements are agreed to in writing. Additional report copiee can b. provided for a nominal fee to the Client. NUTTING ENVlI'lONMI!NTAL OF FLORIDA, INC. (NUTTING) will eXetciS8 appropriate measul'e6 to en6ure project completion within the agreed upon time frame. However, NUTTING will not be held responsible for unavailability of necessary project data within the time frame agreed upon for the investigation. Project delivery may be delayed if the ENTIRE signed proposal and deposit are not received in a timely manner. The ENTIRE signed quotation should be returned along with the required project information listed on the Project Information CheCklist above, Unsigned proposal valid for 60 days. Payment - No deposit required with signed agreement. Balance due upon delivery of report. Interest at the rate of 18% per annum from 30 days after date of invoice to date payment Is received will be added to au amounts not paid within 30 days after date of Invoice. In the event that any law limiting the amount of interest or other charges permitted to be collected is interpreted sO thac this charge violates such law for any reason, the interest charge is hereby reduced to the extent necessary to eliminate such violation. All attorney fees and expenses associated with collection of past due invoices will be paid by Cfient. G.Mral TItJM and Condlaons In.",.nce - NUTTING m&infains \M:lrtcere' COII1C)enellion and EmplOVef's liabll~ Insurlnce In conformance wil/l state law. In addition, we msintain Comprehen&ive General Liability lnaurance and AulDmobilll Liilbilily InaurBI1CII wifl1 bodily injury Iimila of * 1 ,000,000.00 Bnd property damage Iimilli of $1,000,000.00. A certifICate of insul'ance can be supplied evidenCing suctl coverage whiCh conlilins a daun providing O1i1l fill8lln days wrillan notice be given pnor to cancellation. Rlgnt-of.Entry . Unless otneIWIse agreed. Client W111\Jrnish t1ght-or-tntry on the ptOp8I'ty for Nutting to make the planned borings, surveys, and/or exploratione. NEF will \eke reasonable precautions to mioimize damage 10 the properly caused by its equipment and sampling procedures, butl/le ~ of _torlllion or damage which may l1!Ilult 110m the planned operations ia not included in the contr~ amount. If Client de6Wes 10 reslOle Ole propertY to ilt former condition, NEF will iICCOmpli&h O1i& and iIlld O1B CO&t to ita fee. Damage to Existing Miln-made Obj.cbi - It shall be the re&p0n5ibilily 01 the ONner or his duly au010rimd repte&8nlative to disclOSe ltI8 presonce and acCI.IflIt8 locaCon Of an hidden or Obscure man.made objects relatIVe to field tests, sampling. or bol1ng locations. When cautioned, adYlSed or given data in wmlng that revealll1e presence or poleIlIiaJ presence of underground or overllround obstIucIions, suell as ulltl1les. NEF WIll gIVe special Instructions 10 its field per.lOnnel. M evidenced by your aecepW- fA thia propoeal, Client llg~ to indemnify and seve henn\ets NEF from all claims, suite, 10SM6, pel60Ilel injuries, death and propBrty liability rHulling fnlm unuliUal subsurface conditions or damages to &ubsUlfaca &truclunl&, owned ~ Client or third pilltiH, occurring in Ole performance of the pRlpOS8d work, WhoSlI pte&8nc8 and 8X8tt localiOns were not revealed to Nulling in wtiIitIO. and 10 l'OimbufS8 Nulling for exponses in CCIM8CtiOlI with any such c:Iaims or suits, lnclUdlng reasonable attomey's tees. Mutling y,fJ allemPlIO CIIIr utlfItiea at our exaMlIIonItest lOCations IlV manUII dIlIlrtg to 3' belOW land sur1'aoe (BlS). Damage to any U1I1illetlobslnlclios present at client spe<;ified Ieellocalions or below 3' BlS will be dle reeponeI:lility of \he c:I8nt. Warranty i1nd L1mltatlon of liuillty - Nutting &hall pIIIform service& for Client in a profHliioflill mannsr. using thill dagl'8e of cate and SkiD Ordinarily lllCefCised by and conai&lent with the 'landards fA oompeIent consultants prllClic:ing in the Nma or a limllar Ioclllilr as the project. III the event anv portion Of tile seMceS fails to comply YMh lnls warfall\l obllgallon and NUlling II promptly noCnecllll WRlIng poor to one year alter complellon of sucn portion of the SBlVicee. NUTTING will re-perform SIIch portion of the selVices. or if re-performance ie imprecticable, Nulling will refund the amount of compeflH1iofl paid 10 Nutting for such poItjon of the li8IVice&. This warrenty i. in lieu of an other warrantiH. No other wamlnty, expl'e8&8d or implied, including Wilmlnliea of mBrchcullability and fitneH for II partiCUlar purpose is made or intended by the proposal for COft$ulling setvices. tJy furni&hing an oral re&pon&B of lh8 findings made or by any representa1lOns made regarding the services IllCIUdeclln 11111 agtOillll8nt In no IIvent snail Nutling or any or Its proresslOnalemplOyees be liable for any speCial. indirect. incidental or consequential loss or damages, illCluding but not Ilmltect to mpact and delay claims. The remedies set forth herein are excfu.ive and lIle IDtalliability of consultant whether in contract, tort (including negligence whB\h8r &OIB or concurrenl). or otherwiee ,n.ing out of, connected with or ,,"ulting from Ole llervices provided pursuant ID thio AglBBment &hall not exceed thB total 188& paid by cr..nt or $60,000.00, whichever i& greater. At additionill co&l. Client may obtain iI higher limit prior ID commencemBnt of $ilrviCil&. For nrvicaslnvolving or relating 10 pollubon. illS l\Irlller agreed lIlat lh8 Client Challlndemnify and hOld harmless NUtllng and t/Ielr consultants, BliIents and employees from and agalnst all Claims, damages, lOSses and expenses, direct and IIldlrect or consequential damages. illCluding but not limited ID fees ,nd charges of attomtml ,nd CXII1lt lIIld arbitration costs. arising out of or resulting f/Om lhe performance of tI1e WC)Il( by Nutting, or claims ageifl6t Nutting ariaing from the work of others. Thi6 indBmnification provi&iOl1 extends to cleims egalnat Nutting which arin out of, are relatad 10, or are ba&ed upon, th8 di6p068I, diaellargB, B5CiipB. I'BIBase or saturation of vapors, fumes. aCIds, alkaliS, loxic chemical&. Iiquid&, gales or any olll8t malafial, irmant. conlaminant or pollutant in or into the atmosphere at on, onto, upon, in or Inlo the surface or subsurface. A"f and all caua8& of action ariSing out 01 Nutllng's performance Of lIIe WOrk shall be cleemelllo have accrued and the applicable statules of limitations shall oommenoe ID run not later then the date Ol' Nutting's last invoice tot the Wori( performed hereunder, Sampling or TKtlng - Unless 6pec:ificaJly alated to the contraIy, t/Ie I,/n~ fees included in \hia pf'OlXl&Sl do not indude Cll61& iJli&ClCiallld with profa&&ionalland &UMI"JIng of the &ite or the aQI;I,/rate horizontal and verticallocilliona of IubI. Field teata or boring Iocation& dHcribed in our IBport or shown On our Sk8Ict188 are based on spaciIlC inrormaUOn fumiShllCt to us by others or 8&timaln madil in the fielct tIf our tBdlnlClans. Such llimensionS, deplllS or e1evaUOns ShOUld lie conslclere<l as apPfOlOm8llOnS unless othelWise sl8led in 1I1e report h 18 understood that all driHlng IOCallons are accessible to oonvenllOl'lal truclc mounted dnlling equipment unless othelWise speci1ied by l/le client. NEF will notify 1I1e underground lItiIity lOCating servtce Sunshine State One Call of Florida, Inc. at teast 48 hours prior to mobilizing to the site to locate undergrOllnd ulilitiBll Field imIe&ligalion, including dlil1inll and &amp6ng operatJOnS will be oonductecl by OSHA trained pelllOl1nel in acoordanoe with 2fl CFR 1910.120. All field te&ting pIlIformed as a part Of thellCl)p8 ofworkoflhiS invesfiOafiOn ~ lie CXInduc;ted in general acoordilnca with Florida Oeparlment of Environmanlill ProlIlction (FDEP) Standilld OpeI'aIing PfOC8dures (SOP) ror Field ActIVlIIeS (OEP.SOP-001101). FlekI quelily oonllOl aampl95 v.4II not be COllected and analyZeCl as part Of the assessmi/lt, Ih8r8lly *"itlng tile data vallllallOn process. The Phase II data provided will be coosidered aufticient tot pteliminary purposes only. Sll1'IplO "<<ndung and It'-ntion . G_rally te.t samples or specimens are CXI118umed lIl1d1or SII~tanti.11y altered during the conduct of tlllts .nd Nutting, ill its IDle discretion, will dlepose (subject ID tha fOllowing) of any remBining residue immediatety upon comp/lltion of le&t unlll&& required in wti1Ing by lh8 Client 10 store or othilrwlse handle Ole BempIB&. (a) NON HAZARDOUS SAMPlES: At Client'll written reqUHl. Nutting will mainlilin preservable lesl sampleS and speamens or the residue lI1ere 11'011'1 for thirty (30) dilYll i1ftsr submiSSion Of NUltJng'S report to Client free of storage charges. After 1M Initial 30 days and upon written request. Nutting will retain test specimens or aamples fOr a mutually acceptable SlOl'8ge charge and period at lime, (b) HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In the event that &ll/1Iplea contain substances or conslituenls hazardous or detrimental ID humen heell/l, safety or Ole environment a6 defined by federal, &tiIte or local stltuS&. regulations. or ordinancas ("Hazardous Sub&tenoea" and "HSZilrdcul Conltiluenl&", re&pectiVeIy), Nutting will, af'l8r complBtion of le&ting and al Clienfs expense: (i) return such samples to Client: (II) using e menifeat signed by Client all generator. willl\ave SUellllample& transported to a location selected by Client fOr nnal diSposal. Client agrees 10 pay all costs assoclated with the &tofilllB, trilnsport. and dISposal of sucn samples. Cllent recognilu and agrees that NUltJng IS acting as a bailee and at no time does Nutting assume tit1e of said waite. Diecov.ry of UnantiCipated HlZlrdous M.terials . Hazardou. materials or cenain typee of haurdous malerials msy exist at a aite where there i4 no reuon tQ believe they could or snoukJ be present. Nulting lIl1d Client agree that the diSOOYelY of unenliciP\lled hllZllrdOUS meteriala conatiluteli a changed condition mandating a renegotialion of lh8 scope of wor1< or tennination of lietviC4l&. Nulling i1nd Client aIao iIllrell that the di&coVllry of unanticipalad hiIziIrdou& materials may make it nllussary for Nutting to lake immediate meaaureli to protect health and saf8~. Nutting agl'llBSID notify CIiBnt as soon as practicable should unantlclpatect hazardous matenals or suspected nazardous material& be encountered. Client encourages NUlling to take anv and all measures lIIal, In Nutting's profeSSional opinion, are justified 10 preserve and protect the health and &Bfety of Nutting'S personnel and tile public. Client agrees to compensate Nutting for the additiOl1al COlt of working to protect employeea' and the public'. heelth and safety. In addition, Client waives any claim a!lllinet Nutting, end iIllreell to defend, indemnify and save Nutting hannlll&& from any claim or liability for injury or Io&a ariBing from Nutting'S dlSCOvefY of unanticiPllted hazardoua mal8riala or auspected h8Zilfdoua material&. Cli1Int alliO agrBeB to campBnaata Nutting for i1ny time spent and expensBs incurred by Nutting in defen&e of any such claim, with slSch compensation to be based upon Nutting'S prevailing fee schedule ana expense relmDursement polley relallVe to recovery of direct project CO&I&. JoInt and Sevaral Llablllly - The concept of joint and severalliallillty IS basically lIIis: \M1en two or more parties are considered responsible fOr cau6ing injury or damage, any one of the parties may be made to provide compen.etion for lIS much u100% of the demages ,,,",ed. When applied to hazardoua mal8riala projecla, it i& pouiblalhat the Proposal for: City of Delray Beach Page 4 of 5 March 28, 2006 1310 Neptune Drive. Boynlon Beach, FL 33426 Boynton Beach (561) 732-7200. Pompano Beach (964) 782-7200. MiamilDade (305) 858-0981 · Fax (561) 737-9975 03-30-'06 10:42 FROM-Nutting Engineers 5617379975 T-201 P006/006 F-200 . , concept 01 joint Md eevefIllltlldAy could III COftIlftIed 10 mU8 NullIng pMIy or ~ IWIpcIIlIibIe fGt dMlaOM cru,*, clNClIy or indInlCIlV by 1M IladffOUl mellriall. Client 'II'"' .. It would be unflllr for .... 10 De lIIlCpOIId III tuCIl III 1CIlOll, IleCIlIM PMIlIlO IlICI I'IOIIlIIlG whallOe* to dO wnn tile creation oIltle hazarclo\18 oondJtlon. AaxlIdlngIy, ClIIIIlI-we. eny olPn pnlt Nualng. IIlCIIglMlIO defend, lndemniIy IIlCI Ave Nulling hclrrnless from "'I cIIIm 01' IIablty for Injury 01' lau lII1Ilng from applIoafIon Of a jOint and _llIabllty ~ tilt WOIId, '" "." "*'""', hold Off Hell 10 hold NullIng ....pon... for CIeItinlIe "-za..,. condition or pMTlilling one 10 exist. CBenl allO ... 10 OOI'llpInule Nulling for My Ilnw aput 8Ild .,.....1naun1Id by NuCIInII in.,.,.. of any luch dllim, with IUCh oomp......1on lID be baaed upon Nutllng'$ pmUlIIg fee td1edule IIKl expente relmDuraemant polICy I'IfatitIe 10 NaNe/y Of cMcl ptIlj.et COllI. Lepf Ju~lon . The PIf1I.. agree Ihat Illy ICCIonI DnlUgIItlO enron:e .ny plOVlIlOIl Of IlII AglMmentlhall only De lmlUgIIlllll coon of competent jurisdic:tion located in p.rm Buah Counlr, FlaIldI. Fen. MaJauta . Nl61g Ih.rl not be IIlIId fII~ far "'I cWey or flIIlure In ~ of lIlY part of Ihla AgrHment 10 ... ..nllUCh dBIy or fdIl11 ia causecllly fi.... flood, expIOIlOn, war, attlke. .mtlergO, govemrr.nt MquiNmenl. aIvI or rnlllr.,y .,Ihority, aaIa Of God, act or omIuion of IlIbaanlnlCllotl, C*I1tt&. cu.nt or other Slrndar causes bevoM kI 00Iltr0I. Dooumentl . NUTTING IhIII be entldId 10 rety upon 1IIe acc:lll'8CV and compIIt8neu Of aI ~. reportI8IlCllntormalOll bllIIIleCI by the <*nl It COIlClIlOnI different from thoee deIorIbec:lln our fepoIt ere tound 1l1he lie. NUTTING SIlOUI<Ille IIOIIIed In ~ ImIIllIdIlleIy upon GiIcoYeIy. NUTfIllG retelV8llI1e ngnt to revile c:onduslon8 end recommendllllon8 pmenled In the IIneI report lhOI*l addIfonII mforrntlllon regMlIng IhO prqect IIeCOme available. All permItS -"lle obluled by others unIeN OItleMise SI*lhd In lhls propoeaI Of In 'MIlInO 10 NU1iING. NUTTING wlII tndtaYCt 10 ICIIIIItlfy fIIDIlIIniztd tlWiI'OnI'lIttI ooncIiIIOIlS (REe), 10 tile IltSf of out abillly atI0 UrnRalIOn$lI the time of Ill. stuc:Jy, In UmlIed accotdance wIIh IlpIcIa Of A81M Pl'8DIIaa E-15r7 and lh8 cunnt local standard of C8l11lar luch studia~ The idenliflC8liatl of RECs will III made soItly upon Ih8 intarmalian d_laped and yie_d by NUTTING In Ihia aludy AIId 8I*Iifia ... of FIarIda tlll\riralllTl8nta1l'111lulaliane applicabl. and known .t the tim. oj lIlis study. NUTTING hu no liability lor oanl8qUll/lllR Of Intomatian not pravldlld or unav.uble lIT alharwila not l'Byj8W8d or known flOll1the nannalsool'C8l CUltama1'i1y .xarnlned by NUTTING in IUGh inYutigaliona within lhelime fr_11Iow8d for 1hi.11IYUliga1ian under Ihis IGl'IIlIment. Proposal for: City of Oelray Beach PageSof 5 March 28, 2006 1310 Neptune Drive. Boynton Beach, FL 33426 Boynton Beach (561) 732.7200. Pompano B,.;h (954) 7$2.7200. MlamiID_de (305) 858-0981 · Fax (581) 737-9975 Agenda Item NO.~ AGENDA REQUEST Date: April 5. 2006 Request to be placed on: Regular Agenda Special Agenda X Workshop Agenda When: April 11. 2006 Description of item (who, what, where, how much): Commission approval for an award of services in the amount of $15,240.00 to Nutting Environmental of Florida, Inc. for conducting a Phase II Environmental Property Assessment at the proposed Old School Square Park site. The Phase II assessment is recommended basekn findings from the Phase I Environmental Assessment conducted in March 2006. Funding is available from account #380-4150-572-63.29, 2004 G.O. Bondi Old School Square. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award to Nutting Environmental of Florida for performing a Phase II Environmental Property Assessme at the proposed Old S 01 Square Park site. Department head signature ({- -s:- () ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review~' ed on all items involving expenditure of funds): Funding available E 0 (see above) t.l::L Funding alternativ (if applicable) Account No. & Description 33J - WS /)-57 Z. 63 - 2 ~ Old... 'Jdt.lxJ/ S ~ Account Balance p /0/ 9t;O, 9/2. , ,. City Manager Review: Approved for agenda: Hold Until: @NO 01 Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdminIProjects\2004\2004-044.1\LETTERSlAgda Req Nutting Env. Phs II 04. 11.06.doc Page 1 of1 Kucmerowski, Carolanne From: Shutt, Brian Sent: Tuesday, April 11, 200610:22 AM To: Kucmerowski, Carolanne; Harden, David; Ruby, Susan; Barcinski, Robert Subject: Revised NIFL Amendment NO.1. Please see the revised NIFL amendment NO.1 for tonight's Commission meeting. R. Brian Shutt Assistant City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 (561 )243-7091 Fax (561 )278-4755 shutt@ci.delrav-beachfl.us 41ulob~ ~~ A~\: \0\j~ ~:r-~ SP,3 4/11/2006 AMENDMENTNO.ITOTHEAGREEMENT~THIMAGE SPORTS MANAGEMENT, INC. DATED MARCH 24, 2006 THIS AMENDMENT NO.1 to the Agreement dated March 24, 2006 is entered into this day of , 2006, by and between the City of Delray Beach, located in Palm Beach County, Florida, a Florida municipal corporation ("the CITY") and IMAGE SPORTS MANAGEMENT, INC., hereinafter referred to as ("IMAGE"). WITNESSETH: WHEREAS, the Agreement between the CITY and IMAGE is amended to provide that the CITY shall be paid a rental fee of $11,000.00 and that the CITY shall still have the responsibility of the clean-up of the premises; and WHEREAS, the Agreement is further amended to change the times when certain payments are due to the CITY from IMAGE. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and the good and valuable consideration as provided for herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Revision. The Agreement is amended as follows: The rental fee shall be $11,000.00 per game not $15,000.00; Reference to "Paragraph 43" found in Paragraph 5 is changed to "Paragraph 38"; Exhibit "A" is amended to delete the date of April 8, 2006; By 5:00 p.m., Apri112, 2006 IMAGE must pay $15,000.00 by certified or cashiers check to the CITY, $10,000.00 of the $15,000.00 payment shall be the required security deposit, the remaining $5,000.00 shall go towards payment of the required rental fee; After the April 15, 2006 home game, by 5:00 p.m. on the Wednesday preceding each home game as shown on Exhibit "A", IMAGE shall pay $5,000.00 to the CITY by a certified or cashiers check, the $5,000.00 shall go towards payment of the rental fee; By 5:00 p.m. on the following Wednesday after each home game played, as shown on Exhibit "A", IMAGE shall pay the remaining amounts owed to the CITY as set forth in the Agreement and as determined by the CITY; If IMAGE fails to provide payment to the CITY in the amount and form required by this Amendment and the Agreement and by the time periods set forth above, the CITY may declare this Agreement null and void and terminate the Agreement. 3. Full Force and Effect. All other terms and conditions of the Agreement, not expressly modified by this Amendment No.1, remain in full force and effect. 4. Entire Aereement. This Amendment No. 1 along with the original Agreement is the entire Agreement between the parties. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk By: Jeff Perlman, Mayor Approved as to Form: By: City Attorney WITNESS: IMAGE SPORTS MANAGEMENT, INC. By: Name Printed: Title: (print or type name) (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 200_ by of corporation, on me/or has produced , a He/She is personally known to (as identification). behalf of the corporation. Signature of Notary Public 2 ~ I [IT' DF DELIA' IER[H CITY ATTORNEY'S OFFICE 2()() NW 1st AVENUE. DELRAY BEACH. FLORIDA 33444 TELEPHONE: 561/24.,-7()l)1). FACSIMILE: 561/278-4755 DELRAY BEACH F lOll: I D A D.8I.II AII.America City Writer's Direct Line: 561/243-7091 , III I! DATE: MEMORANDUM April 6, 2006 1993 2001 FROM: City Commission David Harden, City Manager tL--.......~ :; Brian Shutt, Assistant City Attorney TO: SUBJECT: Amendment No.1 to the AQreement with ImaQe Sports Manaaement Inc. The Commission entered into an Agreement with Image Sports Management, Inc. regarding the use of the Tennis Stadium to host the home games of the NIFL franchise Palm Beach Phantoms. The attached amendment to the Agreement with Sports Management, Inc. provides that the rental fee shall be reduced from $15,000.00 per game for the use of the Tennis Stadium to $11,000.00 per game. Our office requests that this item be placed on the April 11, 2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Robert Barcinski, Asst. City Manager Doug Smith, Asst. City Manager Brahm Dubin 6~.3 AMENDMENT NO.1 TO THE AGREEMENT WITH IMAGE SPORTS MANAGEMENT, INC. DATED MARCH 24, 2006 THIS AMENDMENT NO.1 to the Agreement dated March 24, 2006 is entered into this day of , 2006, by and between the City of Delray Beach, located in Palm Beach County, Florida, a Florida municipal corporation ("the CITY") and IMAGE SPORTS MANAGEMENT, INC., hereinafter referred to as ("IMAGE"). WITNESSETH: WHEREAS, the Agreement between the CITY and IMAGE is amended to provide that the CITY shall be paid a rental fee of $11,000.00 and that the CITY shall still have the responsibility of the clean-up of the premises. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and the good and valuable consideration as provided for herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Revision. Paragraph 5 of the Agreement is changed to provide that the rental fee shall be $11,000.00 per game not $15,000.00. 3. Full Force and Effect. All other terms and conditions of the Agreement, not expressly modified by this Amendment No.1, remain in full force and effect. 4. Entire A!!reement. This Amendment No. 1 along with the original Agreement is the entire Agreement between the parties. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk By: Jeff Perlman, Mayor Approved as to Form: By: City Attorney WITNESS: (print or type name) STATE OF COUNTY OF IMAGE SPORTS MANAGEMENT, INe. By: Name Printed: Title: (SEAL) The foregoing instrument was acknowledged before me this _ day of , 200_ by of corporation, on me/or has produced , a He/She is personally known to (as identification). behalf of the corporation. Signature of Notary Public 2 MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1Y MANAGER~1 AGENDA ITEM # S{J.L\ - SPECIAL MEETING OF APRIL 11, 2006 PURCHASE AWARD/INFORMATION STATION SPECIALISTS. INC.I A.M. RADIO STATION TO: SUBJECT: DATE: APRIL 7, 2006 This item is before the Commission to approve a purchase award to Information Station Specialists, Inc. in the amount of $30,785.00, as a sole source purchase, for the purchase of a low-wattage A.M. Radio Station for local area broadcasting for emergencies and other administrative purposes. The attached price quote of $29,490.00 represents the cost for a "turnkey" primary installation. The company will make every effort to complete the project by June 1, 2006. A pricing option in the amount of $1,295.00 is provided for remote capability to use the system to broadcast City Commission Meetings. Funding is available from 001-2311-522-64.90 (General Fund/Other Machinery/Equipment). Recommend approval of the purchase award to Information Station Specialists, Inc. in the amount of $30,785.00, as a sole source purchase, for the purchase of a low-wattage A.M. Radio Station for local area broadcasting for emergencies and other administrative purposes. S:\City Clerk\ agenda memos\CM Purchase Award AM Radio 041106 11): FROM: THROUGH: DATE: SUBJECT: MEMORANDUM David Harden, City Manager Patsy Nadal, Buyer ~ Joseph Saffo~nce Director 4/6/2006 DOCUMENTATION - CITY COMMISSION WORKSHOP APRIL 11, 2006 - PURCHASE APPROVAL FOR ALERT AM EMERGENCY ADVISORY RADIO SYSTEM Item Before Commission: City Commission is requested to approve the purchase of a low-wattage A. M. Radio Station for broadcast of local information related to natural and man made disasters and/or other administrative purposes. The cost for this tumkey installation is $29,490.00, per quote dated 03/1312006, from ISS (Information Station Specialist) with a cost option of $1,295.00 per quote dated 03/2312006 for remote broadcasting capabilities in order to broadcast the City Commission meetings from City Hall. The total cost for the primary system with the remote the option is $30,785.00. The base station would be installed at Fire-Rescue Headquarters as well as the primary transmission antenna. This Emergency Advisory Radio System is provided by the same vendor currently used by the City of Boca Raton and the City of Boynton Beadl and both cities are satisfied with the service and equipment installation by 155. ISS is considered a sole source due to the lack of alternate vendors offering this type of technology. ISS tumkey installation includes the transmitter site preparation and the electronics installation. Examples as to some of the items included in the tumkey installation: Prepares the transmitter/antenna location Hardware for configuration within the cabinet, cables, groundplane, power, etc. Installs and test all electronic components, wires, tuners Antenna included as well as a spare Antenna mounted and tuned Staff training and custom materials Price include all travel, labor and expense Circuit breakers, meters or fuses if required Access devices e.g., ladder or bucket tr\Jck if required Audio equipment & installation Provides FCC required field testing and documentation FCC Licenses - 6-month temporary and 1o-year permanent 1 The warranty is one (1) year on parts and service with technical support via phonelemail for the life of the product. The time frame for the hardware is approximately 45 days from receipt of purchase order and 30 days for completion of equipment installation. 155 will make every effort to complete this project by June 1, 2006 per Bill Baker, President if the order is placed within the time limits. Complete turn key services to be listed on the City of Delray Beach purchase order with the City's "Conditions of Purchase". Funding from account code: 001-2311-522-64.90 Attachments: Memorandum from Kerry Koen, Fire Chief, 03124/2006 Email from Mark Wltzen, Boca Raton 155 Quotes, Dated 3/13/06,03/23106 50le Source Letter Literature on Alert AM Recommendation Award Letter to 155 from City of Boca Raton, 06/07/2000 City of Delray Beach "Conditions of Purchase: cc: Kerry Keen, Fire Chief Jackie Rooney, Purchasing Manager~ 2 [ITY D" ~ . '.".. ..? ~\1:! . ';". ,,' '.,<: ".,..; 'l-,.:t:'\!:: :,::i' 1:1,;.11..,. .:4<" ,'--.., . """'- -, ,;"i':,,: :;$:~'; I~t"l , " ,..,-,".' , ,.1;', " {*; J: .~~;;) FIRE-RESCUE DEPARTMENT 'Cd ilt>.f.jD Hti,4,CH DELRAY BEACH ~ All-America City 'IIII!:~ :':i: :. ::::i~ Manager 1993 200 I From: Kerry B. Koen, Fire Chief Subject: Purchase of Low Wattage AM Radio Station Date: March 24, 2006 We have concluded our research for the purchase of a low wattage radio station for the City of Delray Beach for use during emergencies and for other administrative purposes, The attached price quote of $29,490 represents the cost for a "turnkey" primary installation which should be accomplished before June 1, 2006. A pricing option in the amount of $1,295, is provided for remote capability to use this system to broadcast the meetings of the City Commission. If the option is included, the total cost would be $30,785. The radio station is provided by the same vendor used by the City of Boca Raton and the City of Boynton Beach. Effectively, this is a sole source product situation due to lack of alternate vendors which offer this type of technology. The adjacent communities find the technology satisfactory for similar uses and applications, The hardware configuration contemplates the base station being installed at Fire-Rescue Headquarters where the primary transmission antenna would also be installed. The equipment package includes a dismountable antenna, as well as a spare which would be kept at the Emergency Operations Center for redundancy purposes. The remote option for broadcast of City Commission meetings also requires the installation and/or use of a phone line between City Hall and Fire-Rescue Headquarters. We will investigate the possibility of usage of the fiber link between the two facilities for this purpose as well. We recommend that this purchase be placed on the City Commission Consent Agenda for April 4, 2006. V~D.l k~rry B. Koen Fire Chief cc: Richard Hasko Ivan Ladizinsky Div. Chief Moreland Asst. Chief Tomaszewski Attachments: 6 FiRF-H[=;( : "~H, '..'1 ! .' 'jPiD,l\ 33444 ~ . Information Station Specialists ALERT AM Emergency Advisory Radio System (e Quote r Estimate Pt:]..MA\(~ - No.2 Date 3-13-06 Agency City of Delray Beach Contact Robert Moreland Author Bill Baker Em.1I blll@theRADIOsource.com Phone Number 561-243-7440 Recommended No. of Locations Fax Number Notes This is a turnkey quote. Emall moreland@ci.delray-beach.f1.us Address City State Zip Code .V,'/ ." : : . .: i: '.' ALERT AM Emergency Advisory Radio Station 1 $ 14,495.00 $14,495.00 Satellite Locations $ 13,495.00 $0.00 Station Location Options: Steel Roof Antenna Mount (eqt in bldg; antenna on flat steel roof) 1 $0.00 $0.00 Yard Antenna Mount (eqt in bldg; antenna on yard pole) $0.00 $0.00 Isolated Antenna Mount (no bldg; all eqt at outdoor cabinet site) $ 1 ,700.00 $0.00 * Vertical Profile Antenna System $1,795.00 $0.00 4-Day Battery Backup $2,795.00 $0.00 Power Loss Notification Module $495.00 $0.00 Transmitter Synchronization $3,500.00 $0.00 ** Wireless Audio Link (receiving system for ea AM broadcast location) $4,495.00 $0.00 Audio Options: 7 Additional Recording Minutes (to total 14 minutes) $995.00 $0.00 ** Wireless Audio Link (transmission system) $5,995.00 $0.00 Workstation Audio Control (PC, software, factory setup) 1 $6,295.00 $6,295.00 ... Services: 5ite Choice & Frequency Monitoring Assistance $0.00 $0.00 FCC la-Year License Application Package $495.00 $0.00 FCC Temporary 6-Month License (automatically renewable) $295.00 $0.00 Transmitter Site Preparation 1 $3,300.00 $3,300.00 Electronics Installation 1 $ 1,000.00 $1,000.00 Training & FCC Signal Intensity Survey 1 $2,900.00 $2,900.00 - Flashing ALERT Sign System: Flashing ALERT Sign $395.00 $0.00 Remote Control & Power Unit $1,895.00 $0.00 Page 1 of3 DescrIption Quantity eost Per Unit Amount Special Additions: Installation of Workstation Audio Control 1 $1,500.00 $1,500.00 Sub-Component Deletions: Total $29,490.00 . Ernd 1 MM. Visit www.theRADIOsource.com/produds-alert-am-htm for a product overview with links to technical specifications and planning steps. NOTES: * Installations of Vertical Profile Antenna Systems assume adequate room and no underpaving excavation work required. ** The Wireless Audio Link System eliminates 01/ telephone charges (monthly charges, long distance, etc.) related to audio distribution and provides 100% up time during an emergency. Line of sight is required. Included is 250'of low loss coax at transmission location, 100' at reception location, with connectors, RF filters, antennas and supports, lightning arrestors. Not included: Towers, installation labor unless quoted elsewhere. *** Services: ISS representatives will visit and assist in selection of transmitter location(s), and they will monitor candidate frequencies. Inquire as to whether there is a charge for this service in your area. The 10-year FCC License Application Package includes AM frequency search, engineering study, FCC filing and FCC-required construction notification. A FCC license Is required, unless you are a federal agency and will obtain the license through federal channels. The Optional FCC Temporary License is valid for 6 months to cover operation while the 1 D-year is approved (or for temporary operation only) and is renewable at no charge. The cost for a temporary license Is $295 ifaccompanied by a lo-year license application or $495 if separate. The Transmitter Site Preparation Package includes connection of services, instal/ation of cables, cabinets, groundplanes, conduits and excavation. The Electronics Instal/atlon Package Includes installation, tuning and testing of electronics. The Training and FCC Signal Intensity Survey Includes FCC-required signal documentation work, complete staff training and customer materials. Flashing ALERT Sign System instal/atlon is not included unless specified. **** Flashing ALERT Signs are 42- x 24" aluminum with LED beacons and custom text. Each sign must be physical/y wired to the RCPU for power and control. Each RCPU includes a receiver, cabinet and LED/flasher, solar-charging system. RCPUs ore powered by the sun and triggered to activate Flashing ALERT Sign beacons via your 2-way radio system. Each RCPU can power and control up to 4 signs. Flashing ALERT Sign System installation is not included unless specified elsewhere. Installation is typically done locally. You provide only support and attachment hardware. Page 2 of3 Information Station Specialists, Inc. 3368 88th Ave, Zeeland. MI49464-00S1- 616.772.2300 - Fax 616.772.2966 - iss@theRADIOsource.com-www.theRADIOsource.com 0?lTO~J ~ Information Station Specialists, Inc. PO Box 51, 3368 88th Avenue, Zeeland, MI 49464 616.772.2300 - Fax 616.772.2966 Webslte www.theRADIOsource.com TO: Robert Moreland OF: City of Delray Beach FROM: Bill Baker DATE: 3-23-06 Quotation 1 RemoteMix C+ Remote Audio Console TOTAL $875.00 $295.00 $ 75.00 $ 50.00 $1295.00 1 Auto Answer Relay and Interface Microphone and Cable 1 1 Headphones Terms ISS prepays the ground freight to ship your system inside the 48 contiguous United States. Freight to Alaska and Hawaii bears an additional charge. The product is typically available for shipment 30-60 days after ISS receives your order and the equipment configuration information is provided.. Terms are net 30 days to govemmental entities and their agents; check-with-order for initial orders from private sector entities. ISS reserves the right to invoice for equipment separate from labor items. Prices are valid for 180 days from the quotation date. ISS has an automatic one-year parts-and-service warranty and offers technical assistance via phone/email for the life of the product at no extra charge. Purchases are subject to the following "Standard Terms and Conditions" agreement, which purchasers sign, becoming part of the contract. i.. Information Station SpecialistsGil www.theRADIOsource.com To Whom It Might Concern: Information Station Specialists, Inc., (ISS) is the sole provider in the United States of the exclusive ALERT AM@ Emergency Advisory Radio System. Other AM advisory radio systems being offered are designed for the traffic industry and cannot perform any of the following important functions: A Only ALERT AM can change to new message patterns, when the National Oceanic and Atmospheric Association (NOAA) Weather Radio System or Emergency Alert System (EAS) sends warnings. B Only the ALERT AM uses an AM transmitter with a modern synthesized frequency system, so that should a frequency change ever be necessary, it can be easily done without component changes or board-level work. This transmitter, the TR.6000, utilizes an efficient Class D amplifier, comprised of only two driver devices for highest reliability. The TR.6000 Transmitter is the only such unit manufactured and type-accepted for Travelers Information Station (TIS) applications in the United States. C Only ALERT AM features a NOAA EAS/weather receiver that is field programmable and upgradeable, to keep up with changes in NOAA EAS/weather hazards. Only ALERT AM captures the most recent warning activation for replay by system operators. D Only ALERT AM allows special broadcast messages to be aired automatically in conjunction with outdoor warning system activations or Emergency Operations Center control panel switches. E Only the ALERT AM system synchronizes "repeater" stations (to create larger coverage areas) without relying on vulnerable dialed-up telephone links to distribute audio in times of emergency. F Only ALERT AM offers flexible installation styles to allow antennas to be located on building roofs. G Only ALERT AM's antennas are black in color to discourage ice build-up and are finished with a special UV-resistant, architectural-anodization process to prevent color fading. H If installed in adjacent building yards, ALERT AM requires only that a support pole be set. Not required are large, buried, copper-wire groundplane installation or chemical-emitting ground-pipe (hollow rods) burial. Only ALERT AM works in conjunction with solar-powered flashing advisory signs via communities' UHFNHF Radio Systems to turn on/off beacons remotely. These signs are the key to notification of the community that an emergency message is being broadcast. J Only ALERT AM offers a battery backup system capable of keeping the station on the air for a full 4 days. PO Box 51,3368 88th Avenue, Zeeland, MI 49464-0051 Phone 616.772.2300, Fax 616.772.2966 EmailISS@theRADIOsource.com Information Station Specialists- Page 2 of 2 K Only ISS systems employ nonproprietary designs. This means that, in the future, you may change components as needed without the requirement to return to ISS; Le., simple wiring diagrams are provided, so you can service equipment yourself, if you choose, or have a third party assist - all with fulllSS support. L Additionally, only Information Station Specialists offers technical assistance for the life of the (ALERT AM) product. ISS supports today radio stations that first went on the air in the 1980s. ISS' staff of engineers has more than 60 years of combined experience specifically in the kind of radio technology under which ALERT AM operates (FCC Rules, Part 90.242). Please visit www.theRADIOsource.com/abouCus.htm to see ISS references and to learn what is special about the company. I invite you to contact me personally, if you have questions. Sincerely, ~~~~ Bill Baker President PO Box 51, 3368 88th Avenue, Zeeland, MI 49464-0051 Phone 616.772.2300, Fax 616.772.2966 EmaiIISS@theRADIOsource.com < June 7, 2000 Information Station Specialists, Inc William Baker 3368 881h Ave. Zeeland, MI 49464 SUBJ1::CT: RFP No. 2000-085 Citizen Information Advisory Radio Station System Dear Mr. Baker: Your firm has been recommended by our Selection Committee to provide the City with a Citizen Information Advisory Radio Station System as proposed in the subject RFP for a total price of $16,869. This procurement Is being done as an emergency and all efforts to.have the system installed as soon as possible are appreciated. A City issued emergency purchase ord~r will be used for this project. Please submit your original insurance certificates to my attention. The City of Boca Raton needs to be named as an additional insured for the General Liability as stated in the RFP. If you have any questions, please call me at 561-393-7874. Sincerely, Lynn Kunkel, CPPB Sr. Buyer c: RFP File 2000-085 CONDITIONS OF PURCHASE 1. ACCEPTANCE: 111is order is for the purchase of goods and/or services (herein referred to as "the Articles" described on the front side herein). The Buyer's offer to the Seller and the Seller's acknowledgement to the Buyer shall constitute Seller's acceptance of such ordcr including all of the temlS and conditions herein set ouL In the ahsence of such acknowledgement, commencement of delivery of the Articlcs and/or services and acceptance of such deliveries by Buyer shall constitute a finn contract on the tcrms and conditions hereof. This order is subject to the following terms and conditions and no othcrs unlcss therc is a signed agreement between the parties prov iding otherwise. 2. WARRANTY-PRODUCT: The Seller expressly warrants that the Articles shall be merchantable within the meaning of Articles 2-214 (2) of the LJnifonn Commercial Code as provided by Florida Law and in effect on the date of this order. In addition to all walTanties which may be prescribed by law the Articles shall contemn to specifications, drawing, and description and shall bc free from defects in materials and I'vorkmanship. Seller also warrants that the extent the Articles are not manufactured pursuant to detailed designs furnished by Buyer. that they will befi.ee from defects in design. Such warranties, including waITllnties prescribed by law shall run to Buyer, its successor, assigns, and customers, and to users of the Articles jhr a period of one (1) year after delivery unless othenvise stated. 3. INDEMNITY AND INSURANCE: (a) Seller shall defend, indenmify and hold Buyer, its employees, its customers and users of the purchased Articles, harmless from any property damage, pcrsonal injuries, or death arising out of SeHer's (or its subcontractor's) work or perfhrmancc hereunder and shall procure and maintain liability insurance, including contractual liability coverage, with minimum limits of $300.000 combined single limits to be effective during period of warranty with such higher limits as Buyer shall reasonably request of SeHer. Seller shall on or before dclivery of the Articles purchased hereunder, furnish to Buyer a Certificate of Insurance evidencing the foregoing coverage and limits. (b) Seller shall defend. indemnify and hold Buyer harmless from the assessments by any third party of any liquidated damages or proven actual damages arising out of the failure of Seller to timely deliver the Articles purchased hereunder. (c) Sellcr shall defend, indenmify and hold harmless Buyer, its officers, directors, agents ami employees from and against any and all damages, charges, losses, (including the cost or any Articles lost by libel, condemnation, or voluntary recall) actions, and proceedings brought by the United States of America, or any State government or any agency or IIlstrumcntali ty thereof against Buyer, its officers, directors, agents and/or employees or assigns on such ArtIcles by reason of any claim or findings by and said public authority that any such Articles arc not as herein guarfmteed. 4. Tf:It.\1INATlON: (a) Buyer may terminate this order, in whole or in part withont liability to Buyer, if deliveries are not made at the time and in the quantities specified or in thc event of a breach or fai lure of any of the other terms or conditions hereof. (b) Buyer may tcrminate this order in whole or in part, at any time for its convenience. by lIoticing to Seller in writing. On receipt by Seller of such noticc, Sellcr shalL and to the extent specified therein, stop work hereunder and stop the placement of subcontractors, terminate work under subcontr3cts outstanding hereunder, and take any necessary action to protect property in Seller's possession in which Buyer has or may acquire an intcrest. Any termination claim must be submitted to Buyer within sixty (60) days after the effective date of the tennination. (e) Any tcft11ination by Buyer. whether for default or otherwise, shall be without prejudice to any claims for damages or other rights of Buyer against Seller. (d) Buyer shall have the right to audit all elements of any termination claim and Seller shall make available to Buyer on request all hooks, records, and papers relating thereto. 5. COMPLIANCE WITH LAWS: Seller gllarantees to Buyer that the Articles comply with all federaL state, and local laws, regulations. declarations. interprctations, and orders issued thereunder. 6. CONTROl, LING I,AW: This order and the performance of the parties hereunder shall be controlled and governed by the law of the State ofFlotida, and the venue shall be in Palm Beach County. Florida. 7. GENERAL: All warranties shall he construed as conditions as well as warranties. No waiver ofa breach or any provision of this ordcr shall constitute a waiver of any othcr breach 01 provision. No modification or change in, or departure from, or waivcr of the provisions of this order shall be valid or binding unless approved hy Buyer in wnting. This order shall constitutc the entire agreement between the parties. The Seller expressly agreed that any terms or conditions contained on any form w agreement other than this agreement, unless specifically agreed to otherwise by SeHer and Buyer, which are not in full accord with the above stated agreement and its terms, shall be null and void. 8. ALLOCATION 0]<' RISK: Tbis risk fhr any damage to or destruction of the goods sball be bome by the Seller at all times until delivery to the control of the Buyer, which shall bc thc point at which the Buyer actually receives the goods for use and has accepted such. 9. COURSE OF PERFORMANCE: The tilct that a party may accept or acquiesce in a course of performance under this agreement does not affect the meaning of this agreement even though the accepting/acquiescing party knows of the nature of the performancc and has an opportunity to object to it. (With respect to this COllfse of perfemnance provision, any time an individnal attempts to perform umkr the contract in a manner which is not in accord with the terms of the contract, the City must promptly object to the manner of perf om lance.) 10. PAST PRACTICES: The previous customs and practices of the parties hereto shall not be deemed a waiver or modification of the temlS hereof. 11. RJ;:PAIRS - NON ACCEPTANCE: If any of the goods are delivered in a defective or nou-working condition, efforts of the Buyer to correct such defect shall not constitute an acceptance where commercially reasonable in extent and cost, so that tbe Buyer may still reject the goods where the attempt to repair has proved unsuccessful. 12. PLACE OF DELIVERY: The goods shall be delivered to the City of Delray Beach, Florida, at address as stated on tront. 13. INSPECTrON (~OODS: The Buyer shall have the right to inspect all goods before accepting delivery or making payment theret(lre. If rejected, the goods will be returned at Seller's risk. and aU handling and transportation expenses, both ways, will be bome by and assumed by Seller. When material has been rejected by Buyer imd returned for replacement it is essential that Seller receive new shipping instructions from Buyer before making the replacement. Inspection and approval for acceptance shall be made by the appropriate user department. The expense of inspection shall be borne by the Buyer exeept as to goods which are properly rejected as non-con!ilflning. Inspection shall be made within fourteen (14) calendar days of the delivery of goods. 14. NOTICE OJ;' DEFECTS: It is expressly agreed that all claims for alleged damages or defective goods, shortage, or other cause shall be deemed waived unless made in writing and sent by Buyer within twenty (20) calendar days after Buyer leams of the alleged detect, damage, shortage, or other cause giving rise to the claim; provided, however, that any defeets incapable of discovery shall not be deemed waived by the provisions herein, and, provided fUlther. that this provision shall not be deemed a waiver of any warranties set forth herein or in any modification to this agreement. IS. FITNESS FOR PARTICULAR PURPOSE: Buyer makes no warranties except as set forth herein, provided, however, that notwithstanding any other provisions to the contrary herein, Buyer may bave sought the expertise of Seller with respect to the fitness for a particular purpose of the subject goods and in purchasing ,aid goods, may have relied upon the representations of Seller as an expert with respect to the use of such goods. In that event, Seller hereby agrees that any document exhibiting a request by Buyer for goods for a particular purpose, a reliance by Buyer upon the expertise of Seller with respect to the use of the goods, or any other similar such request or reliance shall constitute a modification to the ternlS of this agreement which shall efJect a warranty of fitness for a paltieular purpose. 16. CONSEQUENTIAL DAMAGE: Seller acknowledges that Buyer has informed him that the goods are to be used by Buyer and that failure of Seller to fnlfill the terms of this contract may result in consequential damages to Buyer because of the intended use to be made of the goods to the Buyer. 17. TAX EXEMPTION: The City of Delray Beach is exempt from Federal Excise Taxes. Where tax applies invoice must show gross, price, amount of tax. net price, Exemption certificate will be signed upon request. 07/22/04/Revision 1 ALERT AM@ ElEAGENCY ADVISORY RADIO SYSTEM Hundreds of communities as well as universities, airports and government agencies across America now operate their own "Emergency Advisory Radio Stations" specifically to tell citizens what to do during industrial accidents, terror threats, school incidents, earthquakes, hurricanes, tornados, flooding and other critical situations. Over conventional AM radio channels, emergency managers themselves give listeners repeated, up- to-the-minute reports, alerts and relevant instructions, directly - eliminating the need to rely on mass media. The ALERT AM Emergency Advisory Radio System provides emergency managers the ability to record libraries of messages and quickly create broadcasts to match anticipated emergency scenarios. For new situations, via user-friendly telephone or computer workstation interface, they can efficiently drop in newly recorded messages. The ALERT AM System also offers" live" broadcast capability. Each fixed ALERT AM station covers a 3-5 mile radius or about 28-78 square miles. Optional synchronized repeaters may be added to expand coverage with audio linked via a wireless network. ISS can locate and help test available frequencies as well as assist in acquiring from the Federal Communication Commission the station's operating license. The FCC allows noncommercial, public- safety broadcasting on AM channels 530- 1700 kHz and provides a 9.3-mile protection zone inside which no other community may operate on the same frequency. ALERT AM antennas are generally installed in association with a host building - either on its roof or in an adjacent yard. However, IS5 When Seconds Count. Count on ALERT AM. I.. Information Station Specialists, Inc. 3368 88th Avenue. PO Box 51 . Zeeland, MI 49464-0051 USA Voice 616.772.2300. Fax 616.772.2966 . Email iss@theRADIOsource.com . www.theRADIOsource.com ALERT AM stations pepper America. .,. packages accommodate other antenna setups with indoor and outdoor electronics enclosures designed and located to minimize site impact and maximize site aesthetics. When NOAA's Emergency Alert System issues specified hazard warnings for counties, the ALERT AM Emergency Advisory Radio System may be pre-programmed to immediately broadcast the alerts relevant to counties that emergency managers have designated. During non-emergency times, ALERT AM's ever- present signal may inform motorists of upcoming events, street repairs, public notices, daily weather, city tours and visitor information (non- commercial content). All the while, broadcasts remind listeners to tune to the channel when situations become critical. Special street signs may be installed in conjunction with ALERT AM Emergency Advisory Radio Systems, triggered remotely to flash warning beacons that tell motorists to tune in immediately. When the beacons are not flashing, sign text reminds citizens of the service and the channel. In addition to Flashing ALERT Signs, the ALERT AM System offers a variety of options. For example, a .. -..- battery backup system allows stations to remain on the air up to four days during a power outage and to notify service personnel automatically when power goes out. Workstation Audio Control allows convenient message management from a computer. Due to ALERT AM's modularity and range of options, agencies can choose to grow a complete system configuration over time. Many emergency managers publicize the stations on their websites and, during initial operation, offer news releases about the new stations to local media. An ALERT AM Emergency Advisory Radio System is an affordable communication service that a community can control and call its own. ISS turnkey packages include all hardware, software, site preparation, installation, licensing and on-site training, backed by 20+ years of commitment, a nationwide support network and a promise of technical support for the life of the product. In addition to fixed ALERT AM stations, ISS offers mobile emergency broadcast systems, such as RoadRunnR and RESPONDER 1, that may be used alone or in conjunction with ALERT AM stations to reach remote trouble spots. Visit www.theRADIOsource.com for details. I. Information Station Specialists, Inc. 3368 88th Avenue' PO Box 51 . Zeeland, MI 49464-0051 USA Voice 616.772.2300 . Fax 616.772.2966' Email iss@theRADIOsource.com . www.lheRADIOsource.com .' Planning Your Station Much of ALERT AM's success is attributed to the ease with which the system can be planned and installed. Below are considerations for setting up an ALERT AM Emergency Advisory RAdio System in your community. ISS offers free planning assistance at 616.772.2300. Step 1 - General Location On a local map, find the approximate geographic center of the area to be covered. The ALERT AM signal will propogate to a radius of three to five miles from this point in all directions. If this coverage area will not encompass the desired listening area, consult ISS about adding synchronized or portable transmitters to your system. Step 2, - National Weather Service Reception Verify reception of a National Weather Service channel (162.400 to 162.550 MHz) at the desired location. You can see coverage areas online at the NOAA weblink http://205.156.54.206/nwr / usframes.html. Step 3 - Specific Location Select a specific building or property near the geographic center for antenna installation. Building height may not exceed two stories. Keep in mind there must be no obstructions taller than the antenna in close proximity. Consult IS5 on the proposed location, before the decision is finalized. 15S offers three antenna installation styles: 1. On any flat, steel-roof building. Steel Roof-Style Antenna Installation Yard -Sty Ie Antenna Installation ^ '-' ~~:;::;::;::;~:;:::::l F, i=d.. .LI.:) 2. In the yard adjacent to a building. 3. At an isolated location with no building. Steel-Roof Style - equipment in building with antenna system on roof. Advantages: lowest cost, high security. Building Requirements: not exceeding 2 stories, non- office character, flat roof. Yard Style - equipment in building with antenna system in adjacent yard. Advantages: low cost, high security. Installation requirements: an area within 50' of the building; no underground obstacles or structures taller than 25' in immediate vicinity. Isolated Style - equipment and antenna are installed on a pole. Advantage: high flexibility of location. Installation requirements: no building required; 120 volts of AC power and telephone service must be available at the site and that there is a 20'x20' area of open ground for pole and groundplane installation. Vertical-Profile Option (may be used with yard or isolated styles) - antenna mounted in special pole (provided) with groundplane part of the pole itself. Advantages: best when antenna cannot be installed on roof and space in the adjacent yard is at a premium; minimal ground disturbance. Installation requirements: pole placement commonly within 50' of a building (may be greater if required) in grass, dirt or paved areas; vehicles may park nearby; no objects taller than 25' within 50'; coaxial cable may be buried or strung overhead to the support pole; 6" diameter pole is set in 6' post hole with good earth contact in Isolated-Style Antenna Installation Vertical-Profile Antenna Installation ,~ ~.~ ~.. ; ~+'- "'::':'"",. ,I: di .. Information Station Specialists, Inc. 3368 88th Avenue. PO Box 51 . Zeelond, MI 49464-0051 USA Voice 616.772.2300' Fox 616.772.2966 . Emoil iss@theRADIOsource.com . www.theRADIOsource.com .' the lowest 4' of the hole. (When used on AM frequencies below 1000 kHz, a 20' solid groundrod is driven beside the pole.) Concrete, asphalt or tamped dirt may surround the pole to 2" below grade to stabilize it. Step 4 - Frequency ISS will provide a menu of AM frequencies (that meet FCC separation standards) from which you may make your selection and will give you a seasoned recommendation with suggestions/instructions on how to test them. Make your choice, and ISS will prepare and submit the application to the FCC on your behalf, immediately. Step 5 - Licensing Request from ISS a fixed- or portable-station license questionnaire. It will ask you to supply the antenna operating area, frequency choice and contact information. ISS will then formally submit your 10- year, renewable license application to the FCC, which typically takes 6 months or more to process. If you wish to operate your station sooner, on the same questionnaire, you may request a Special Temporary Assignment, which ISS can also help you obtain from the FCC. Please note: stations must be built within 1 2 months of grant of the 1 O-year license. Step 6 - Options The 1 4-Minute Recording Time option is best for most ALERT AM Systems. A 4-Day-Battery-Backup option keeps the station on the air during AC power loss. If the station is in an unattended location, the Power Loss Notification Module is useful. If you need more coverage than a single station can provide (28-78 square miles), ask ISS about the RealTIME Audio Synchronization option. If you want to notify motorists that critical messages are being broadcast, consider obtaining Flashing ALERT Signs. If you want to control stations from a computer, yet retain the ability to override via telephone, consider Workstation Audio Control, which provides unlimited numbers of messages and recording time. Step 7 - Quotes Request a formal quote from ISS. Provide your name, agency, phone, fax, email, desired antenna style (steel-roof, yard or isolated) and options from the price page of this brochure. Indicate if you would like turnkey installation or illustrated instructions for preparing your own transmitter site. Services Site Visits If there is an ALERT AM representative in your area, there's no cost for a preliminary visit to determine the best available antenna locations and assist with frequency choice. Ask if this free service is available in your area. If not, ISS will help you plan your station remotely. Call for details. Licensing Services Virtually all ALERT AM operators request that ISS perform the licensing function (1 O-year renewable) - which includes a frequency search, engineering study, construction notification and submittal to the FCC - for one low price. Often licensing is performed in advance of the equipment contract. (See Step 5.) Installation, Training and Ongoing Technical Support ISS offers "turnkey" installation services or illustrated instructions to install your own station(s). Training services come with each purchase; and ISS also offers guidelines on how to plan and organize emergency broadcasts. If you require after-sale technical support, ISS offers email/ phone help for the life of the product at no extra charge. Communication Aids Begin right away to develop communications that publicize your station so listeners will be aware when it becomes operational. Continue communicating about the station at regular intervals to keep it present in listeners' minds. ISS can provide on compact disk, at no extra charge, examples and templates of these types of communications. . Information Station Specialists, Inc. 3368 88th Avenue' PO Box 51 . Zeeland, MI 49464-0051 USA Voice 616.772.2300 . Fax 616.772.2966 . Email iss@theRADIOsource.com . www.theRADIOsource.com Exclusive Features 155 is the only company in the United ~tates offering the following exclusive features, which make ALERT AM a particularly useful emergency management communication tool: 1. Only ALERT AM can change to new message patterns, when the National Oceanic and Atmospheric Association (NOAA) Weather Radio System or Emergency Alert System (EAS) sends warnings. 2. Only ALERT AM features a NOAA EAS/weather receiver that is field programmable and upgradable to remain current with changes in NOAA EAS/weather hazards. Only ALERT AM captures the most recent warning activation for replay by system operators. 3. Only ALERT AM allows special broadcast messages to be aired automatically in conjunction with outdoor warning system activations or Emergency Operations Center control panel switches. 4. Only ten prerecorded touchtone bursts and burst sequences that can be programmed into broadcast messages as required to gain attention for emergency messages. 5. Only the ALERT AM system synchronizes "repeater" stations (to create larger coverage areas) without relying on vulnerable dialed-up telephone links to distribute audio in times of emergency. 6. Optional ALERT AM wireless audio links make synchronized audio connections for high reliability with no monthly operating charges; i.e., do not rely on tele/cell phone lines during emergencies, preventing synchronized AM stations from becoming disconnected, broadcasting the wrong messages and, in doing so, interfering with synchronized stations broadcasting the correct message. The secure wireless audio links cannot be jammed by the public. Audio is conveyed in digital form, so it cannot be scanned or monitored. Range is up to 60 miles with pure line of sight; yet the relatively low 900 MHz operating frequency means the signal will accommodate some terrain and foliage. There is excellent signal quality with low noise. Wireless Audio Links operate on the same battery backup system as ALERT AM, so when power goes down, they stay up. 7. Only ALERT AM offers flexible installation styles to allow antennas to be located on building roofs. 8. Only the ALERT AM's antenna is black in color to discourage ice build-up and is finished with a special UV-resistant architectural-anodization process to prevent color fading. 9. If installed in adjacent building yards, ALERT AM requires only that a support pole be set. Not required are large, buried, copper-wire groundplane installation or chemical-emitting ground-pipe (hollow rods) burial. 10. Only ALERT AM works in conjunction with solar- powered flashing advisory signs via communities' UHF /VHF Radio Systems to turn on/off beacons remotely. These signs are the key to notification of the community that an emergency message is being broadcast. 11. Only ALERT AM offers a battery backup system capable of keeping the station on the air for a full 4 days. 12. Only ISS systems employ nonproprietary designs. This means that, in the future, you may change components as needed without the requirement to return to ISS; i.e., simple wiring diagrams are provided, so you can service equipment yourself, if you choose, or have a third party assist - all with full ISS support. 13. Only ISS transmitter frequencies are synthesized, not crystal controlled, allowing simple frequency changes in the future, if necessary. 14. Additionally, only Information Station Specialists offers technical assistance for the life of the (ALERT AM) product. ISS supports today radio stations that first went on the air in the 1 980s. ISS' staff of engineers has more than 60 years of combined experience specifically in the kind of radio technology under which ALERT AM operates (FCC Rules, Part 90.242). .. Information Station Specialists, Inc. 3368 88th Avenue. PO Box 51 . Zeelond, MI 49464-0051 USA Voice 616.772.2300 . Fox 616.772.2966 . Emoil iss@theRADIOsource.com . www.theRADIOsource.com Date: March 24, 2006 AGENDA ITEM NUMBER: sf( ~ AGENDA REOUEST Request to be placed on: X Consent Agenda Regular Agenda _ Workshop Agenda _ Special Agenda When: April 4. 2006 Description of agenda item (who. what. where, how much): Purchase of a low-wattage A.M. Radio Station for broadcast of local area information related to natural and manmade disasters and/or other administrative purposes. in the total amount of $30.785 including primary installation and remote broadcast option. Recomli1.endation: Approve the recommended purchase. Department Head Signature: ~(~ D' \........ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Availabk ~o Initiak {,ht A N b (JO / - Z 3 f I - S- 2 Z t cj - c; U ccount um er Description o#y-r r1acJu.flf:.~./ 8zw pfVll-l--f 36 7B~ [tV 1~(1f1S (I~. ) Account Balance: I '7 I / . it p- Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:@/ No Initials: tr1 Hold Until: Agenda Coordinator Review: Received: '~~~' c. cu, (.) ..., 'ifm'. :.t; ~;m. .. ~::,tt"i<"'/ '\I~''''';''/,." ':_: ~~'".,"::' ~ ..., ..., a :Co UW c(w w(/) r;a~ ~o ~w ...IW W3: o \0 0 " '-t '-t "- ~ g. ..c:: ~ ~ (/) ~ CIJ ;;.J ""0 (/) c: C (/) 0 . .... II) :J C CIJ .!a 0 U E 1- 0 U E Cl -- :J 0 f ....., u .:::L- a. 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E E c(~'i E 0.. 0 0 ~ciS - u Q) ~ > OJ ~~~ ('.. -I-J Q) ('.. c ..c =0 Ul 0 -I-J ..0 CJ) ~ -- 0 CO OJ OJ ...I3:~ -I-J L.. CO -I-J -I-J U CJ) ~ c C 1... OJ W I CU 0 -- C ::J ::J C OJ C e~U $ -0 0 0 0 OJ E 0 uu 1... CJ) CJ) 0 -- u Q) -- ~ CO U - I- U::S 0 ~ - -IJ -- <( CO (/) U ....J . CO . ..c . . . ..c . U $ Community Improvement [)/\ t01 Memo To: David Harden, City Manager \ Q From: Lula Butler, Director, Community Improvement ~ Date: April 7, 2006 Re: Code Enforcement - fiscal Year 2005-06 Goals & Objectives ITEM BEfORE THE COMMISSION: Presentation from staff on the goals and objectives for Code Enforcement Division activities; revised process for cases presented to the Code Enforcement Board; Litter Prevention and Rental Property programs. BACKGROUND: The City Commission listed as a high priority, Code Enforcement Enhancement/Direction under its goals and objectives for fiscal year 05/06. Included under this topic was the direction to evaluate weekend enforcement and decide on a "Zero Tolerance" position for specific neighborhoods. AI Berg, the Assistant Director of Community Improvement, came on board in November 2005 and has been assigned the task of developing and implementing the enhanced level of services employed by Code Enforcement, in response to the Commission's desired goals and objectives. His presentation will focus on the enhancements and changes already in-place, as well as initiatives that the Commission will be able to look forward to seeing coming on-line during this fiscal year. I have attached a copy of the Goal & Objectives developed for the Code Enforcement Division for your reference. RECOMMENDATION: Staff is recommending City Commission comments and direction on the presentation and recommendations proposed by staff. LB:DQ Attachment 'NS.3 City of Delray Beach Community 1m rovement Memo To: Doug Smith, Assistant City Manager From: Lula Butler, Director, Community Improvement By: AI Berg, Assistant Director, Community Improvement Date: April 7, 2006 Re: Code Enforcement - FY 05/06 Goals and Objectives In order to improve the service level of the code enforcement program for the City of Delray Beach, some changes are proposed in our programs. Some of these changes will be made possible because of additional programs that have been initiated last year while other changes will be made possible because of a change in philosophy. The plan is to concentrate our efforts as follows: . Remove all abandoned vehicles and illegal uses within established timelines under current procedures. . Ensure prompt removal of trash and debris from right- of-ways by Waste Management through routine and systematic field monitoring. . Establish and implement a standardized procedure with timelines for abatement of overgrowth and litter on vacant lots in partnership with existing homeowners' associations. . Increase outreach and attendance at homeowners' associations, civic meetings, and the Chamber of Commerce to encourage, educate and engage citizen 1 involvement in the reporting and abatement of declining conditions. . Enhance staff training with individual training opportunities. . Encourage personal contact by code officers. . Improve department web site to be easier to negotiate with easier navigability. . Utilize customer survey cards distributed from City Hall. GOAL # 1 - CLEAN CITY Because we can't possibly expect to improve the housing conditions until we improve the conditions of the living environment in the community, we are embarking on a campaign to remove conditions in the community which detract from our neighborhoods. The plan is to concentrate our efforts to remove abandoned vehicles, clean up trash and debris, and mowing overgrown lots. To accomplish our mission, we will actively patrol assigned areas and partner with neighborhood associations to rectify properties that are declining in appearance. We realize that we need to have a partner in this effort and that without the neighborhood's help, we will not succeed. The City will increase its' efforts to reach out to the community by scheduling more outreach programs and attendance at neighborhood association meetings. Homeowners' associations will be encouraged to report declining conditions as they occur. Code enforcement officers will post properties with red stickers that will be the subject of lot clearing enforcement. Abandoned vehicles on City swales and those on private property will be removed in accordance with City ordinances. Stricter procedures and shortened timeframes will be instituted to remove visual blight from our neighborhoods. . Page 2 Trash on City swales will be removed on a regular basis through active patrols and in cooperation with our neighborhood associations through Waste Management. Our Litter Prevention Coordinator will augment our clean city program by attending association meetings, distributing literature, organizing relevant clean-up campaigns, and promoting adopt a street programs throughout the City. Because the clean city and the litter prevention programs are City-wide sponsored programs, the results throughout the community will become evident right away. While some neighborhoods may not suffer from abandoned vehicles, property maintenance standards would be enforced in those areas. Dirty roofs, unpainted structure.s, outside storage, and deteriorated buildings will be addressed. All these efforts will contribute to the clean city efforts. Greater awareness of the clean city programs will also be communicated through our Neighborhood Rental Housing program. This program is expected to have a large impact on the quality of rental housing in the city. As the number of rental housing gives way to condominium conversion, it is more important than ever to keep our affordable, rentable housing available to our residents. There is a need in our community to keep housing available and our inspection programs help owners as well as tenants with rental issues. The goals are to have owners recognize the need to keep their properties well maintained while having the tenants doing their part in helping to keep the property maintained. Vacant lots and the usage of lots, particularly in residential areas, will also be the subject of increased scrutiny. Vacant lots being scheduled for cleaning will be posted so residents will see that code enforcement personnel are already aware of an overgrown lot. Dumpster monitoring will also be necessary to be sure that clean and sanitary condition exist around restaurants as well near multi- family and single family neighborhoods. Increased pick-ups or larger dumpsters will be made to comply with City of Delray . Page 3 Beach standards and not be overflowing. Where necessary, dumpsters will be screened from public view. GOAL #2 - CUSTOMER SERVICE Customer service, how we are perceived by the public as it relates to the service we provide, is something that we can constantly strive to improve. One of the simplest methods is to distribute a customer survey form at the front counter. Also, a survey form can be done on line. Another way we plan on improving our customer service is by providing training to our staff. Classes on "Dealing With Angry People", "Diffusing Hostile Situations", and "Winning With the Public" are a few examples of ways in which we can improve our customer service. All staff will be required to attend these sessions as they all must be part of the team. Improving customer relations is one of the goals that all governments should strive for. While the City enjoys a very good reputation in the community, we can always do more. Code Enforcement personnel will be required to make more personal contacts in the field by knocking on doors to speak with people about cases. Higher visibility in the community will become the norm. A teamwork approach to solving problems will be utilized. Only through cooperative efforts among neighborhood associations, area residents, and City staff, can we expect to reach our goals. An improved community with quality housing will be our guide. cc: Lula Butler, Community Improvement Director . Page 4 Date: April 7, 2006 Agenda Item No. ~E;3 AGENDA REQUEST Agenda request to be placed on: Regular _ Special _X_Workshop Consent When: April 11, 2006 Description of Agenda Item: Code Enforcement - Fiscal Year 2005-06 Goals and Objectives Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~?-" 1~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: (if applicable) City Manager Review: Approved for agenda:@/ No Hold Until: [11rJ1 Agenda Coordinator Review: Received: Action: Approved / Disapproved City of Delray Beach Memo From: City Commission City Manager ~ April 7, 2006 Police and Fire Pension Board Certification Pay Issue To: cc: Date: Re: Last year the Police and Fire Pension Board decided they would no longer use the services of the City's Finance Department to administer their pension plan. These services had been provided to the plan for several decades at no cost to the plan. Instead, they decided to retain the services of a commercial firm to do this work. After retaining this private firm to administer the Police and Fire Pension, and prior to receiving any actuarial cost information, the Board directed the firm to include certification pay in the pension calculations for all members of the plan who worked between 1992 and 2004. This issue was brought to the City Commission at your January 10, 2006 meeting. At that meeting, the Commission directed staff to have our actuaries determine the cost of this change which had been directed by the Pension Board. A copy of the actuarial report is attached. In summary, if this change is allowed to be implemented our accrued liability will increase by approximately $573,000 and the City's required annual contribution to the Police and Fire Pension Plan will increase by approximately $37,000. The issue of whether certification pay should be included in eamings for purposes of calculating pension benefits has been raised periodically since 1991. A complete, detailed chronology of the issue is included as part of the Finance Director's Notes on the issue, which are attached. The Extra Benefits Agreement, negotiated in 1993 between the City, the Pension Board and the PBA and IAFF, was supposed to have settled this issue. Since the issue was raised again subsequent to the 1993 agreement, City staff believes that an understanding was reached once more in 2004 that if the multiplier were increased from 3% to 3.5%, the certification pay issues would be dropped. We believe that the Pension Board's actions are contrary to the 1993 and 2004 agreements. Recommendation: That the City Commission direct our attomeys to take appropriate legal action to prevent the Police and Fire Pension Board and its third party administrator from including certification pay in any determination of pension benefits. \1\f 8 ~ .. ~//I [Jt)~..f~ 'D QIo.J ~ $> 4t""I"U:>"CN GRS Gabriel Roeder Smith & Company Consulr:mts & Actuaries 301 East Las Olas Blvd. Suite 200 Ft. Lauderdale, FL 33301-2254 954.527.1616 phone 954.525.0083 fax www.gabrielroeder.com March 9, 2006 RECEIVED i 4 2006 Crry MANAGE~ Mr. Scott Baur Administrator The Pension Resource Center 4360 Northlake Blvd. Suite 206 Palm Beach Gardens, FL 33410 Re: Cost Study for Delray Police and Firefighters' Retirement System Dear Scott: As requested, we have estimated the impact on the City of Delray Beach Police and Firefighters' Retirement System if the pay in the disputed pay codes is included as pensionable earnings. This estimation only covers the retired employees you provided to us, and does not include employees who are currently active. We have summarized the impact below: · Approximately $297,000 would have to be paid from plan assets to make up for pension payments that were missed by current retirees. We have assumed no interest on the missed payments as of March 31,2006. · The retirees would owe the amount they would have contributed while employed if the disputed pay amounts were included as pensionable earnings. The total amount the employees would owe is $58,000. We have assumed the employees would pay back the missed contributions with no interest. Please note that there are several employees who will owe money due to missed contributions on the disputed pay, but will not receive an increase in their pension benefit, since there was no additional pay within the period used to calculate their final average earnings. · The accrued liability would increase by approximately $573,000, which would cause the required contribution to increase by $37,000 or 0.24% of the October 1, 2004 covered payroll. We have assumed that the additional pension payments will be made as a 60% joint and survivor annuity, the plan's normal form of payment for married participants. · Commencing April 1, 2006, we have estimated that monthly benefits would increase by approximately $4,000 per month. In summary, if the disputed pay is treated as pensionable earnings, approximately $297,000 would be paid from plan assets to employees, and $58,000 would be paid from employees into the plan assets, for a net effect of $239,000 paid out of plan assets. Additionally, the accrued liability of the plan would increase causing the required contribution to increase by $37,000. Please be aware that these calculations are approximations only, and if the board decides to .. March 9, 2006 Mr. Scott Baur Page 2 implement this new definition of pensionable earnings to include the disputed pay amounts a separate precise calculation for each retired employee will be required. The above calculations are based on data provided by you and the assumptions, methods, and provisions as detailed in our most recent actuarial valuation report. If you need any further information, please let us know. Sincerely yours, )JJ ~(l f: " .. t.... ? 6, '-'-....7'..-. ._- \ /,->--v-c. . .. , .. L' J. Stephen Palmquist, ASA Senior Consultant JSP/ja cc: Anne Woods Joseph Safford Gabriel Roeder Smith & Company Notes on Certification Pay Issue for Firefi2hters Possible References: Definition of "Earninl!s" City Code Section 33.60 (Police/Fire Pension Ordinance) defines "Earnings" as "Basic wages paid to a member, excluding overtime, bonuses, and any other non-regular payments." Ordinance No. 17-04 (Clarification of "Earnings") dated March 11,2004 to read "Basic wages paid to a member, including state education compensation, police basic education and police and fire career education compensation, but excluding overtime, bonuses and any other payments." Division of Retirement correspondence dated January 19, 2001 provides a reference to F.S. 175.032(3) and "states that compensation or salary means the fixed monthly remuneration paid a firefighter. Since supplemental compensation is a part of the firefighter's fixed monthly remuneration and therefore it appears that supplemental compensation should be included as a minimum salary element for firefighters." F.S 175.032(3) (a) Chapter 175 permits an alternative definition of compensation for firefighters if the plan definition combined with the plan benefit formula produces a pension benefit that equals or exceeds the benefit produced by the statutory definition and statutory minimum benefit formula. Pension Plan Chanl!es Plan changes have to be approved and authorized by the municipality (F.S. 175.071(5) and F.S. 185.06(4) . City Commission addressed this issue on April 27, 1993 and decided that an ordinance change was not necessary and that certification pay was not approved . City Commission addressed this issue and issued Ordinance No. 17-04 dated March 11, 2004 clarifying "earnings" to not include firefighter certification pay in pension calculations Plan changes require an actuarial costing prior to approval (F.S. 175.351(2) and F.S. 185.35(2)) . City Commission addressed this issue on January 10,2006 and requested costing of certification pay . GRS issued costing of certification pay on March 9, 2006. Accrued liability would increase by $573,000. Required contribution would increase by $37,000 or .24% of payroll. Employee contributions for past retirees would have to be collected even though some retirees would not receive a benefit. $297,000 would be due to previous retirees with $58,000 paid by employees and $239,000 from the City. 1 Plan changes must be submitted to the State between first and second reading of an ordinance (F.S. 175.261(2) (a) 1 and 185.35(2)) City Code Section 33.72 states that this ordinance is not intended in any way to change the 1993 Agreement 1993 Agreement (Section 8) states "The Board, IAFF, and PBA hereby release, acquit, satisfy and forever discharge the City, its agents, insurers, employees, successors and assigns from any and all manner of legal action, causes of action, suits, grievances, claims and demands of any kind..." Possible Issues: The Police/Fire Pension Board has interpreted the definition of "Earnings" in Section 33.60 of the pension ordinance to include firefighter certification pay. The opinion of the Board Attorney is that the Pension Board alone has the right to interpret the meaning of "earnings", not the City, and therefore firefighter certification pay should be approved for pension calculation purposes. F.S. 175.071(e)(5) and F.S. 185.06 (4) states "The sole and exclusive administration of, and the responsibilities for, the proper operation of a firefighters' pension trust fund and for making effective the provision of this chapter are vested in the board of trustees; however, nothing herein shall empower a board of trustees to amend the provisions ofa retirement plan with the approval of the municipality. .." Pension Board accepts Ordinance 17-04 prospectively for the definition of earnings and is only concerned with retirees from 1992 through 2004. If this indeed is the position of the Board and a change was made to retirees prior to 2004 to include firefighter certification pay in pension calculations, the City would be decreasing an existing benefit in 2004 which would be in conflict with state statutes. The City Attorney and the City Commission have repeatedly addressed this question and have concluded that firefighter certification pay is a form of bonus that is not continuous (must be maintained) and is therefore excluded from earnings subject to pension. Union agreements clearly state that each of these certifications are paid as long as they are maintained. Inclusion of firefighter certification pay for pension calculations is a benefit increase and would be therefore subject to union negotiations prior to the 1993 Agreement which stated that it settled all prior claims. The issue of firefighter certification pay had been claimed since 1991, well before the 1993 Agreement. The definition of "earnings" was clarified in Ordinance 17-04 and was intended to resolve the issue of certification pay in exchange for a 3.5% multiplier benefit change. Inclusion of firefighter certification pay for pension calculation purposes would be a benefit increase and thus would increase our minimum benefits provided and should be 2 therefore paid for out of premium tax funds. If accepted, this would cause the City to violate the 1993 Agreement. Historical Back2:round July. 1991- Police/Fire Pension Board questioned the types of compensation that are included in the pension calculations AUl!ust 15.1991- Memorandum from Milena Walinski, Assistant Finance Director, to Pension Board responding to July, 1991 questions December 11. 1991- Memorandum from Milena Walinski, Assistant Finance Director, to Pension Board with additional clarification Letter additionally stipulated that if the Board wanted any codes not listed for pension benefits they should contact City Attorney. December 17.1991- Memorandum from Finance Director to City Attorney listing pay categories that are excluded for pension purposes and asking for his review to determine if they should be included March 23.1992- Memorandum from City Attorney responding to December, 1991 memo and stated that excluded items were considered bonuses and are properly excluded April 14. 1992- Memorandum from Finance Director to City Attorney requesting that he forward a copy of correspondence he stated he issued regarding payroll codes presented to the Finance Department April 21. 1992- Memorandum from Pension Board requesting a listing of all cash and no-cash compensation items (payroll codes) April 23. 1992- Memo from Finance Director to Payroll Administrator to respond to April 21, 1992 Pension Board request May 19. 1992- Memorandum to Board Attorney (fax to Board Secretary, Sal Arena) with listing of payroll codes used for pension purposes May 21. 1992- Memorandum from Board Attorney requesting written definition of all listed payroll codes May 27.1992- Memo from Finance Director to Payroll Administrator to provide definitions to all payroll codes May 29. 1992- Memo from Payroll Administrator to Finance Director providing definition of all payroll codes July 20.1992- Memorandum from Finance Director with complete listing of payroll codes and definitions sent to Board Attorney November 17. 1992- Memorandum from Finance Director with explanation of bonus code descriptions sent to Board Attorney November 17. 1992- Police/Fire Pension Board passed an action defining codes that they thought should be included in payroll (included certification pay) November 30.1992- Memorandum from Sal Arena, Board Secretary to Finance Director advising him of the Board action of November 17, 1992 and requested payroll codes be included in next payroll 3 November 30.1992- Memorandum from Finance Director to City Attorney requesting direction (ordinance change, etc.) regarding changes in handling of payroll codes November 30.1992- Response to November 30, 1992 memorandum to City Attorney from City Manager stating that "Under no circumstances are any changes to be made in this matter without my prior approval!" Januarv 14. 1993- Memo from Sherry Muehlberg, Executive Assistant, stating that City Attorney has taken the position that he will no longer be interpreting the police/fire ordinance and that this was the responsibility of the Pension Board. He also stated that if the City had a problem with their interpretation, the City would have to file an action against them Januarv 15. 1993- Memorandum from Finance Director to City Manager advising the Manager of the January 14th memo contents and asking for a meeting with all parties to resolve outstanding issues and discuss the position taken by City Attorney April 15. 1993- Memorandum from City Manager to City Attorney stating that this issue of pay codes should go to City Commission since this appeared to be a request to increase benefits which should be negotiated with the appropriate unions. He scheduled City Commission meeting for April2ih, 1993 April 20. 1993- Memorandum from City Manager to City Commission placing this item on agenda of April 27, 1993 Backup material from former City Attorney (Jeff Kurtz) was attached with the opinion that these were bonuses and therefore properly excluded and that this interpretation was consistent with past practice when making pension calculations by the actuary, the Finance Department and the Pension Board. April 26. 1993- Memorandum from Finance Director with explanation of pay codes for resentation to Cit Commission on A ril 27, 1993 April 27. 1993- City Commission meeting to address question of pay codes City Attorney introduced the subject and felt it is a mandatory subject of bargaining to add any additional codes to include a financial (actuarial) impact statement to determine if this is feasible. City Manager stated that the City Commission could amend the current ordinance to make clear the types of pay that are not to be included. Mayor stated he did not feel this was necessary. City Manager stated he felt that additional pay codes should be bargained by the unions. He stated that the Finance Director works for the City Manager, not the Pension Board, and he wanted the City Commission support on this position. The City Commission concurred with the fact that the additional pay codes were bonuses. Mav 7.1993- Correspondence from City Manager to Pension Board Chairman, Robert Brown, explaining that the conflict between the City and the Pension Board is due to poor communications and that any future questions should be directed to the City Manager. He restated the City position on certification incentive pay that it is a bonus payment and is not part of basic wages and thus should not be included in earnings for pension purposes. He offered to have an ordinance clarification if that was needed. 4 October 28. 1993- Agreement approved by unions, Pension Board, City regarding resolution of premium tax issues, initiation of DROP Plan, Early Retirement Incentive Plan, Retirement Benefit Enhancement (COLA), disability issues to be discussed later Agreement states "Release of All Claims- The parties agree that this Agreement resolves all issues related to the premium tax issue. . . The Board, IAFF, and PBA hereby release, acquit, satisfy and forever discharge the City.. . from any and all manner of legal action, causes of action, suits, grievances, claims and demands of any kind..." February 8.1994- Memorandum from Doug Trawick, Fire Department, to the Pension Board requesting clarification of certification incentive payments as an inclusion in pay for pension purposes. February 22. 1994- Memorandum from Finance Director to the Pension Board with copy of City Commission meeting minutes and requested a written request from the Board to the City Manager if they wanted the City to readdress this issue. June. 1994- Letter from City Attorney to Margie Lantz, Esq. Kaplan & Bloom, advising that certification pay is not currently in earning for pension purposes. Any inclusion of this would require collective bargaining. In addition, the "Extra Benefits Agreement" (1993 Agreement) specifically excluded pensions from bargaining and therefore no ordinance amendment was necessary. December 6. 2000- Steve Cypen, Pension Board Attorney, stated that the Pension Board, not the City, could make the determination as to the definition of earnings. It was his understanding (and that of the Division of Retirement) that supplementallincentive pay is part of the basic wage and cannot be taken away. He continued to state that the Board had to decide what items are included and which ones were inadvertently excluded. The next step would be to determine how far back to go and what process to collect employee contributions owed to the Plan. December 12. 2000- Memorandum from Finance Director to Pension Board describing the payroll codes and what codes are included in pension calculations and what codes are not included in pension calculations. Note: several previous codes not included in pension calculations were changed through agreements between parties into the base pay of police officers and firefighters. January 19.2001- Correspondence from Patricia Shoemaker, Division of Retirement, to Steve Cypen, Board Attorney, stating"... it appears that supplemental compensation should be included as a minimum salary element for firefighters" February 6. 2001- Memorandum from Mark Davis, Vice Chairman of Pension Board, to Finance Director instructing that revised list of payroll codes be used in calculating . . penSIOn earnmgs 5 February 12. 2001- Memorandum from Joe Liguori, Pension Board Member, to other Pension Board members stating that the Board has directed the City to start including specific payroll codes as earnings when calculating pensions. February 20. 2001- Correspondence from Jim Linn, outside City counsel for pension matters, to City Attorney rendering a legal opinion that certification pay does not have to be included in base pay for pension purposes. February 21.2001- Memorandum from City Attorney distributing legal opinion from Jim Linn dated February 20, 2001 to City and Pension Board. March 21. 2001- Pension Board minutes reflect that Mr. Frysinger, Board Member, met with City Manager and he agreed to allow educational pay in the calculation for pension purposes but that certification pay was resolved by the 1993 Agreement. April 4. 2001- Memorandum from Board Chairman, Bill Adams, confirming the position of the City Manager to approve educational pay in pension calculations. May 7. 2001- Memorandum from City Manager to Pension Board confirming his approval of certain educational pay codes to be included in the pension calculations. June 20. 2001- Memorandum from Sal Arena, Board Secretary, to Finance Director requesting a list of retirees from 1983 to present that received educational pay under the codes recently approved by the City Manager June 25. 2001- Memorandum from Finance Director to Board Secretary requesting clarification of the June 20, 2001 request as to whether their intent was to retroactively apply the educational pay codes July 18. 2001- Memorandum from Board Chairman, Bill Adams, to the Finance Director responding to the June 25,2001 memo. The Board modified their request to include only those retirees who received the education pay codes after November, 1993 so that the Board can make a decision regarding the inclusion of the education pay codes and certification pay categories in pension calculations. September 15. 2001- Letter from Charles Hardin, Fire Department, to Ned Gusty, Human Resources Director, requesting that certification pay be included in his pension calculations since they are regular recurring additions to salary. December 6. 2001- Letter from Charles Hardin, Fire Department, to Ned Gusty requesting a response to his September 15, 2001 letter requesting that certification pay be included in his pension calculations since they are regular recurring additions to salary December 7. 2001- Memorandum from Finance Director to Charles Hardin, Fire Department, clarifying that certain educational pay codes have been approved to be included in pension calculations but that other firefighter incentive pays have not been included in pension calculations for reasons outlined in an attached legal opinion February 19.2002- Correspondence from Bill Adams, Chairman, of the Pension Board to the City Manager recognizing that the Board approved certain pay codes to be included in pension calculations as of November, 1992 and that the issue was brought before the City Commission in March, 1993 and the City Commission disagreed with the Board on the inclusion of these pay codes. He stated that at the January 16, 2002 Board meeting the Board again concluded that all pay codes mentioned should for attainment and/or maintenance of certifications or for assignment of certain positions be included for pension calculation purposes. 6 March 22. 2002- Memorandum from Finance Director to City Manager advising him that the Pension Board has again initiated discussions on including certification pay for pension calculation purposes. A detailed background of the issue of including payroll codes for pension purposes was provided March 27. 2002- Correspondence from Bill Adams, Chairperson, from the Pension Board to City Manager advising him that the Pension Board has again considered the issue of pay codes and the definition of "Earnings" and recognized that certain pay codes have been rolled into base pay but that certain codes have still not been made part of pension calculations. Some of these codes should have been effective January, 1993 when the Pension Board approved the inclusion and certain new codes should have been effective prospectively effective as soon as possible from the date of this meeting AU2:ust 12. 2002- Minutes of the August 12,2002 meeting reflect that Bill Adams, Board Chairman, has not received a response from the City Manager regarding certification pay December 30. 2002- Memorandum from Bill Adams, Chairman, of the Pension Board to the City Manager stating that the Board had not received a response to the March 27, 2002 letter and would request a response for their next Board meeting scheduled for January 15.2003- Finance Director faxed a copy of the correspondence from the Division of Retirement dated January 19, 2001 to Glenn Thomas at the direction of Jim Linn of Lewis, Longman & Walker, P.A. February 4. 2003- Correspondence from City Manager to Pension Board addressing the issue of the inclusion of additional categories of pay in pension earnings calculations February 5. 2004- Draft copies of ordinance revising definitions of "earnings" and allowing for an election of enhanced multiplier sent to Finance Director from City Attorney. Copies also distributed to Police Chief, Fire Chief, Human Resources Director, City Manager and union representatives February 5. 2004- Revised draft copies of ordinances distributed February 12. 2004- Ordinance No. 17-04 submitted to City Commission by City Attorney with cover letter that stipulates that the ordinance is a clarification of the definition of earnings and requests that the ordinance be placed on the February 17,2004 agenda April 19. 2004- Pension Board minutes reflect a discussion of certification pay and Lt. Liguori stated that the firefighter certification pays are being included in the pay plan for the next contract year and that the issue of retirees will remain open for consideration July 17. 2004- Memorandum to City Manager from Finance Director stating his understanding that Ordinance No. 17-04 was to resolve the question of certification pay and that the clarification of "earnings" and that this was offered and agreed to by all parties in exchange for the 3.5% increased multiplier. He advised the City Manager that this issue was again discussed at the April Board meeting as the issues apparently remain open. He recommended that the City Attorney address this matter and possibly issue some response to the Board to clarify this subject matter May 1. 2005- Pension Board hired Pension Resource Center, LLC as the Plan Administrator whereas the City Finance Department was the prior Administrator. October 19. 2005- Pension Board minutes reflect that Pension Resource Center, Plan Administrator, will be processing pension calculations effective October 1,2005. 7 January 17.2006- Pension Resource Center, LLC, Plan Administrator, advised the Board that they submitted payroll data to Gabriel, Roeder, Smith (Plan Actuary) for a costing of the inclusion of firefighter certification pay for pension calculations February 15. 2006- Pension Board meeting where two (2) applications for retirement were approved with firefighter certification pay included in their pension calculations February 27. 2006- Memorandum to City Manager (copy to City Attorney) advising that the Pension Board approved two (2) retirements with firefighter certification pay included in their pension calculations. The Board approved requiring contributions from retirees for a period of three years (pension calculation period for average monthly earnings) without interest and that there was no discussion as to contributions from active employees. March 9. 2006- Correspondence from Steve Palmquist, Gabriel Roeder Smith, Plan Actuary to Scott Baur, Pension Resource Center, LLC, Plan Administrator, with the actuarial costing of including firefighter certification pay in pension calculations. March 29. 2006- Memorandum from Finance Director to Pension Board expressing several concerns with actions regarding certification pay being included in pension calculations and other internal control issues. . Certification pay for pension purposes is a benefit change which can only be done by City ordinance . Certification pay changes requires an actuarial costing . State required to be notified of a change March 29. 2006- Pension Board meeting discussed the March 29,2006 memorandum from Finance Director. Pension Board denied that the inclusion of certification pay was a change requiring an ordinance. Board reaffirmed their previous position that firefighter certification pay should be part of pension calculations. 8 0/\ [IT' OF DEL Y IEA[H CITY ATTORNEY'S OFFICE ! .<w ht\VF.~i] . DJ1 RAY BEACH. FLORIDA 33444 I ii'I!(),\1 :'ihl . FACSlI\HLE: 561/278-4755 DELRAY BEACH f L () RID ^ D.8I.II All-America City DATE: April 6, 2006 , III I! TO: City Commission 1993 FROM: Susan A. Ruby, City Attorney 2001 MEMORANDUM SUBJECT: Discussion of ChanQes to Workforce HousinQ Ordinances The Workforce Housing group met to discuss several potential changes to the Workforce Housing Ordinances. Staff requests that the City Commission review the proposed changes and give direction as to whether you desire to proceed with any of the changes. The first proposed ordinance revision would give the same density bonus for "for sale" units to rental units. Secondly, the current Workforce Housing Ordinance provides in Section 4.7.9, "General Provisions", subsection 4.7.9.c.v. that if the development contains both for sale and for rent units, the proportion of rental to for sale units be proportional to market rate rental and for sale units. In some cases, units that receive funding under the Florida Housing Finance Corporation's Housing Credit or SAIL Programs may be adversely affected as it is currently drafted. Thus, new language seeks to allow that those workforce units so financed will not need to be proportioned as long as the workforce "for sale" units equal 20% of the "for sale units". The third item concerns whether the ordinance should include provisions so that Community Land Trust (CL T) receives rights of first refusal on workforce housing units developed on non-CL T owned lands. I am including an article and ordinance from DeKalb Georgia that includes a right of first refusal. By copy of this memorandum to David Harden, City Manager, I am requesting that these matters be placed before the City Commission at their workshop meeting on April 11, 2006. Attachments cc: David Harden, City Manager Chevelle Nubin, City Clerk "N S.5 . . 10t Draft 4/6/06 SAR ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, OF THE CITY OF DELRAY BEACH, AMENDING ARTICLE 4.7, "FAMIL YIWORKFORCE HOUSING" AND ORDINANCE 18-06, BY AMENDING SECTION 4.7.4, "DENSITY BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT; THE CARVER ESTATES OVERLAY DISTRICT AND THE INFILL WORKFORCE HOUSING AREA; AND SUBSECTION 4.7.4.d. TO PROVIDE THE SAME NUMBER OF BONUS UNITS FOR "FOR SALE" AND RENTAL UNITS; BY AMENDING SECTION 4.7.7, "FOR SALE HOUSING UNITS" TO ALLOW A RIGHT OF FIRST REFUSAL TO THE COMMUNITY LAND TRUST; BY AMENDING SECTION 4.7.9, "GENERAL PROVISIONS", SUBSECTION 4.7.9.c.v., TO PROVIDE THAT PROPORTIONS OF "FOR SALE" TO "FOR RENT" UNITS FOR PROJECTS INCLUDING "FOR SALE" AND "FOR RENT" UNITS THAT ARE FUNDED BY CERTAIN STATE FINANCING PROGRAMS SHALL NOT NEED TO BE PROPORTIONAL SO LONG AS TWENTY PERCENT OF THE "FOR SALE" UNITS ARE FOR WORKFORCE HOUSING; BY AMENDING SECTION 4.7.11, "DENSITY BONUS TABLES TO ELIMINATE THE BONUS DIFFERENTIAL BETWEEN "FOR SALE" AND "FOR RENT" UNITS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend its FamilylWorkforce Housing Ordinance to provide density bonus parity between "for sale" and "for rent" workforce housing units as both are needed within the City; and WHEREAS, the City Commission desires units funded by the Florida Housing Financial Corporation's Housing Credit or SAIL Programs to be allowed to deviate from certain proportionality requirements while developing rental and "for sale" units, as long as twenty percent of for sale units include workforce housing. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Article 4.7, "Family/Workforce Housing" of the Land Development Regulations and Ordinance 18-06 is hereby amended by amending Section 4.7.4, "Density Bonus Program for the Southwest Neighborhood Overlay District; the Carver Estates Overlay District and the Infill Workforce Housing Area" amending subsection 4.7.4.d to read as follows: SECTION 4.7.4 DENSITY BONUS PROGRAM FOR THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT; THE CARVER ESTATES OVERLAY DISTRICT AND THE INFILL WORKFORCE HOUSING AREA Developers of property in the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing Area, that meet the minimum standards will earn bonus units for building workforce housing for very low, low and moderate income families. a. The size of the bonus varies based on several factors including: i. Affordability (i.e., homes affordable to very low, low, or moderate income families) ii. Home Size (i.e., workforce housing units with four or more bedrooms are awarded larger bonuses) iii. Ownership versus Rental (i.e., larger bonuses are awarded for workforce housing units offered for sale to low and very-low income families and larger bonuses are awarded for ownership versus rental units.) b. To be eligible for bonus units, developers must meet one or more of the following criteria: i. A designated number of the total units are restricted to very low income households, and/or ii. A designated number of the total units are restricted to low income households, and/or Hi. A designated number of the units are restricted to moderate income households 2 ORD. NO. c. Workforce housing units may be located off-site provided the off- site location chosen is within the City of Delray Beach. d. The bonus allowances are set forth in Table 1 below. TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL WORKFORCE HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT NUMBER OF BONUS UNITS PER WORKFORCE UNIT PROVIDED 4 3 2 OPTION SALE I RENT VERY LOW 60% LOW 80% - 61 % MODERATE 120% - 81 % OPTION RENT NUMBER OF BONUS UNITS PER '.^JORKFORCE UNIT PROVIDED VERY LO\''.' 60% LO'.^! 80% 61 % MODER/\TE 120% 81 % 3 2 1 LARGE HOME OPTION 4+ bedroom workforce housing units Additional 0.5 bonus will be added to the bonus provided above in this chart Section 2. That the Land Development Regulations, Article 4.7, "Family/Workforce Housing" and Ordinance 18-06 is hereby amended by amending Section 4.7 .g.c. v. to read as follows: c. The developer shall endeavor to provide workforce housing units that include unit types in the same proportion as the market rate housing unit types. The following conditions must be met: i. The proportion of 2 bedroom workforce units to total workforce units may not exceed the proportion of 2 bedroom market rate units to total market rate units. 3 ORD. NO. ii. The proportion of 3 bedroom workforce units to total workforce units must meet or exceed the proportion of 3 bedroom market rate units to total market rate units, unless 4+ bedroom workforce units are provided. iii. The proportion of 4+ bedroom workforce units to total workforce units must meet or exceed the proportion of 4+ bedroom market rate units to total market rate units. iv. If the development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc), the proportion of workforce units of each type to total workforce units must be approximately the same as the proportion of market rate units of each type to total market rate units. v. If the development includes both for sale and for rent units, the proportion of for rent workforce units to for sale workforce units must not exceed the proportion of for rent market rate units: provided however if the workforce housinQ units are funded under Florida HousinQ Finance Corporation's HousinQ Credit or SAIL ProQrams. the proportionality reauirement herein stated shall not apply if the development provides twenty percent (20%) of the "for sale" units as workforce housinQ units. but no more. vi. Notwithstanding Section 4.7.9 c. i., ii, iii, and iv. above, in the Southwest 10tli Street Overlay District at least 75% of the workforce housing units shall be 3 bedroom units offered for initial sale in an amount not to exceed $225,000.00 and 25% of the workforce housing units may be 2 bedroom units offered at the low income affordability rate. Section 3. That Article 4.7, "Family Workforce Housing" of the Land Development Regulations and Ordinance 18-06 is hereby amended by amending Section 4.7.7.a to read as follows: SECTION 4.7.7 FOR SALE HOUSING UNITS a. All deeds shall include the restrictive covenants applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to Section 4.7 of the Land Development Regulations of the City. All deeds to buyers of workforce housinQ units shall contain restrictive covenants providinQ that the Community Land Trust shall have the riaht of first 4 ORD. NO. refusal to purchase the workforce housinQ unit on the same terms and conditions as a prospective buyer. The restrictive covenant shall aive the Community Land Trust fifteen (15) business days to enter into a contract to purchase the property on the same terms and conditions as the prospective buyer. Section 4. That Article 4.7, "Family/Workforce Housing of the Land Development Regulations and Ordinance 18-06 is hereby amended by repealing Section 4.7.11, "Density Bonus Tables" and enacting a new Section 4.7.11, "Density Bonus Tables" to read as follows: 4.7.11 DENSITY BONUS TABLES a. The Density Bonus Tables shown below are provided to illustrate bonus densities under various parcel sizes, unit types and income eligibility; however, the density bonus allocations contained in Table 1 shall control densities in the Southwest Neighborhood Overlay District, the Infill Workforce Housing Area, and the Carver Estates Overlay District. 5 ORD. NO. Workforce Housing Program Density Bonus Allocations Southwest Neighborhood & Carver Estates Overlay Districts 2-3 Bedroom Units Very-Low Income (4 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 4 10 10.0% 1 12 24 9 3 12 24 12.5% 1.5 18 36 14 4 16 34 11.8% 2 24 48 18 6 24 48 12.5% 2.5 30 60 23 7 28 58 12.1% 3 36 72 27 9 36 72 12.5% 3.5 42 84 32 10 40 82 12.2% 4 48 96 36 12 48 96 12.5% Low Income (3 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 6 12 16.7% 1 12 24 8 4 12 24 16.7% 1.5 18 36 12 6 18 36 16.7% 2 24 48 16 8 24 48 16.7% 2.5 30 60 20 10 30 60 16.7% 3 36 72 24 12 36 72 16.7% 3.5 42 84 28 14 42 84 16.7% 4 48 96 32 16 48 96 16.7% Moderate Income (2 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Density with Bonus Rate Units Units Units Units Affordable 0.5 6 12 3 3 6 12 25.0% 1 12 24 6 6 12 24 25.0% 1.5 18 36 9 9 18 36 25.0% 2 24 48 12 12 24 48 25.0% 2.5 30 60 15 15 30 60 25.0% 3 36 72 18 18 36 72 25.0% 3.5 42 84 21 21 42 84 25.0% 4 48 96 24 24 48 96 25.0% 6 ORD. NO. Workforce Housing Program Density Bonus Allocations Southwest Neighborhood & Carver Estates Overlay Districts 4+ Bedroom Units Very-Low Income (4.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 4 10 10.0% 1 12 24 10 2 9 21 9.5% 1.5 18 36 14 4 18 36 11.1% 2 24 48 19 5 22 46 10.9% 2.5 30 60 24 6 27 57 10.5% 3 36 72 28 8 36 72 11.1% 3.5 42 84 33 9 40 82 11.0% 4 48 96 38 10 45 93 10.8% Low Income (3.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 5 1 3 9 11.1% 1 12 24 9 3 10 22 13.6% 1.5 18 36 13 5 17 35 14.3% 2 24 48 17 7 24 48 14.6% 2.5 30 60 22 8 28 58 13.8% 3 36 72 26 10 35 71 14.1% 3.5 42 84 30 12 42 84 14.3% 4 48 96 35 13 45 93 14.0% Moderate Income (2.5 units per 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 12 4 2 5 11 18.2% 1 12 24 7 5 12 24 20.8% 1.5 18 36 11 7 17 35 20.0% 2 24 48 15 9 22 46 19.6% 2.5 30 60 18 12 30 60 20.0% 3 36 72 22 14 35 71 19.7% 3.5 42 84 25 17 42 84 20.2% 4 48 96 29 19 47 95 20.0% 7 ORD. NO. Workforce Housing Program Density Bonus Allocations Infill Workforce Housing Area 2-3 Bedroom Units Very-Low Income (4 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bon us Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 9 4 1 4 9 11.1% 1 12 18 11 1 4 16 6.3% 1.5 18 27 16 2 8 26 7.7% 2 24 36 21 3 12 36 8.3% 2.5 30 45 27 3 12 42 7.1% 3 36 54 32 4 16 52 7.7% 3.5 42 63 37 5 20 62 8.1% 4 48 72 42 6 24 72 8.3% Low Income (3 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 9 5 1 3 9 11.1% 1 12 18 10 2 6 18 11.1% 1.5 18 27 15 3 9 27 11.1% 2 24 36 20 4 12 36 11.1% 2.5 30 45 25 5 15 45 11.1% 3 36 54 30 6 18 54 11.1% 3.5 42 63 35 7 21 63 11.1% 4 48 72 40 8 24 72 11.1% Moderate Income (2 units ner 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 9 5 1 2 8 12.5% 1 12 18 9 3 6 18 16.7% 1.5 18 27 14 4 8 26 15.4% 2 24 36 18 6 12 36 16.7% 2.5 30 45 23 7 14 44 15.9% 3 36 54 27 9 18 54 16.7% 3.5 42 63 32 10 20 62 16.1% 4 48 72 36 12 24 72 16.7% 8 ORD. NO. Workforce Housing Program Density Bonus Allocations Infill Workforce Housing Area 4+ Bedroom Units Very-Low Income (4.5 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % ( acres) Base Densitv with Bon us Rate Units Units Units Units Affordable 0.5 6 9 4 1 4 9 11.1% 1 12 18 11 1 4 16 6.3% 1.5 18 27 16 2 9 27 7.4% 2 24 36 22 2 9 33 6.1% 2.5 30 45 27 3 13 43 7.0% 3 36 54 32 4 18 54 7.4% 3.5 42 63 38 4 18 60 6.7% 4 48 72 43 5 22 70 7.1% Low Income (3.5 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 9 5 1 3 9 11.1% 1 12 18 11 1 3 15 6.7% 1.5 18 27 16 2 7 25 8.0% 2 24 36 21 3 10 34 8.8% 2.5 30 45 26 4 14 44 9.1% 3 36 54 31 5 17 53 9.4% 3.5 42 63 36 6 21 63 9.5% 4 48 72 41 7 24 72 9.7% Moderate Income (2.5 units oer 1 affordable bonus) Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total % (acres) Base Densitv with Bonus Rate Units Units Units Units Affordable 0.5 6 9 5 1 2 8 12.5% 1 12 18 10 2 5 17 11.8% 1.5 18 27 15 3 7 25 12.0% 2 24 36 19 5 12 36 13.9% 2.5 30 45 24 6 15 45 13.3% 3 36 54 29 7 17 53 13.2% 3.5 42 63 34 8 20 62 12.9% 4 48 72 39 9 22 70 12.9% 9 ORD. NO. Section 5. That should any section or provIsion of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2006. ATTEST: City Clerk MAYOR First Reading Second Reading 10 ORD. NO. EXAMPLE Draft May 6, 2005 AN ORDINANCE AN ORDINANCE TO AMEND THE CODE OF DEKALB COUNTY, GEORGIA, CHAPTER 27, ARTICLE IV PERTAINING TO WORKFORCE HOUSING AND FOR OTHER PURPOSES. WHEREAS, pursuant to the Georgia Constitution, the Official Code of Georgia, and the Code of DeKalb County, the Board of Commissioners of DeKalb County have the authority to regulate land use within unincorporated DeKalb County; and WHEREAS. the Governing Authority of DeKalb County adopted a Zoning Ordinance amending chapter 27 of the Code of DeKalb County providing for the regulation of land use and zoning related activity in DeKalb County and for other purposes at its regular meeting of April 13,1999;and WHEREAS, the Board of Commissioners recognizes that housing is an issue of paramount concern that affects the health, welfare and safety of the citizens of the County; and WHEREAS, housing is an issue that affects the economic viability and growth of communities in DeKalb County; and \. WHEREAS, the County's Comprehensive Plan for 1995 through 2015 identified a need to provide affordable housing for low and moderate income households; and WHEREAS, Section 27-2 (0) of the Code ofDeKalb County identifies the provision for, and promotion of housing for all income groups and citizens within the County as one of the many purposes of this chapter; and; WHEREAS, the private sector is best equipped and possesses the necessary resources and expertise to provide moderately- priced housing needed in the County; and EXAMPLE Draft May 5, 2005 WHEREAS, it is in the best interests of the health, safety and welfare of the citizens of DeKalb County, Georgia that the Zoning Ordinance be further amended to address that need. NOW, THEREFORE, BE IT ORDAINED by the Governing Authority of DeKalb County, Georgia, and it is hereby ordained by the authority of same, that Chapter 27, Article IV of the Code ofDeKalb County, Georgia are amended to read as follows: PART I. ENACTMENT Chapter 27, Article 1. entitled "General Regulations" is hereby amended by adding the following definitions in alphabetical order to Section 27-31 to read asfollows: Sec. 27-31. Definitions. "Affordable" means dwelling units that are affordable to households making 71 % percent or less of the county median income, with monthly housing costs not exceeding 30% of the household's gross monthly income. "Applicant" means any person. firm, partnership, association, or any other entity that seeks county permits and approvals or the agent of such person or entity. "Developer" means a person, firm, corporation, partnership, agency or other legal entity that proposes to divide, subdivide, or construct improvements on, real property for oneself or for others. "Housing costs" means rent or mortgage payments and excludes the cost of utilities, property taxes, insurance, homeowners' association membership fees and assessments and maintenance. "Moderately Priced Dwelling Unit" (MDPU) means an ownership or rental housing unit, as required and defined by this chapter, that is affordable to very low, lower, median, or moderate income households. "In-lieu fee" means a fee paid into the county's Mixed Income Housing Fund to provide affordable housing opportunities to very low, low, median and moderate- income households. In- lieu fees shall be allowed in lieu of actual provision of the MPDUs required by this ordinance only when the request meets the limitations. "Lower income" or "Lower income household" means a person or household whose gross annual income is between 31 % and 50%, adjusted for family size, as defined by the Federal Department of Housing and Urban Development (HUD) or its successor. -2- EXAMPLE Draft May 5, 2005 "Market Units" or "Market Rate Units" means either an ownership or rental dwelling unit which is not restricted to those prices or rents affordable to very low, lower, median, or moderate income households, as defined by this chapter. "Median income" or "Median income household" means a person or household whose gross annual income is between 51 % and 70%, adjusted for family size, as defined by HUD. "Moderate income" or "Moderate income household" means a person or household whose gross annual income is between 71 % and 120%, adjusted for family size, as defined by HUD. "Non-profit housing agency" means an agency engaged in the provision and/or management of housing for households with very low to moderate incomes but not for profit. -Qualified householcl' means a household meeting the income restrictions established in this chapter. "Very low income" or "Very low income household" means a person or household whose gross annual income is 30% or less of the county's median income, adjusted for family size, as defined by HUD. By adding the following new sections to read as follows: Sec. 27-795. Fiodiogs, purpose aod Inteot. The county finds that the housing shortage for persons of very-low to moderate incomes is detrimental to the public health, safety and welfare, and further that it is a public purpose of the county, and public policy of the state of Georgia, to make available an adequate supply of housing for all segments of the community, while at the same time maintaining an economically sound and healthy environment. Further, the county finds that there is insufficient federal and state support for programs to assist the county in meeting its affordable housing needs. The county finds that it is a public purpose of the county to seek assistance and cooperation from the private sector in making available an adequate supply of housing for persons of all economic segments of the community. The goal of the county is to achieve a balanced community with housing available for persons of all income levels. The purpose of this ordinance is to ensure that future residential development, within the County, including mixed-use development, contributes to the attainment of the housing goals of the county's Comprehensive Plan by increasing the production of units available to, and affordable by, households of low to moderate incomes, in order to promote a balance of housing for all economic segments of the community, and to meet the needs documented in the housing element ofDeKalb's Comprehensive Plan. Specifically, the purposes of the ordinance are to: (a) Promote the construction of housing within the county that is affordable to all households with low to moderate incomes; -3- EXAMPLE Draft May 5, 2005 (b) Encourage the construction of affordable housing throughout the community, rather than concentrated within specific areas or neighborhoods; and (c) Provide a mechanism to assure the affordability of housing units constructed under the provisions of this ordinance for a specific period oftime. Sec. 27-796. Applicability and Exemptions. (a) The provisions of this chapter shall apply to all new residential developments of thirty (30) or more parcels or dwelling units at one location intended and designed for permanent occupancy, as appears on the approved preliminary plat or site plan, including but not limited to, single-family dwellings, whether single- family attached or detached, apartments, or condominiums that receive approval from the Planning Commission or apply for developments permits after the effective date of this division. (b) The following shall not be subject to the provisions of this division. (1) Residential dwellings for which a building permit has been issued by the County prior to the effective date of this ordinance; (2) Existing dwellings that are altered, improved, restored, expanded or extended, provided that the number of units is not increased; (2) Dwelling units which are offered and restricted for sale or rent solely to individuals or households of very low, low, or median incomes, as defined by this division. (c ) In calculating whether a proposed development contains a total of thirty (30) or more dwellings for the purposes of this division, development includes all land at one location in the county available for building development under the common ownership or control by a developer. including land owned or controlled by separate corporations in which any stockholder or family member of the stockholder owns ten (10%) percent or more of the stock. (d) For the purposes of this section one location means all adjacent land owned by the developer if: (1) The property lines are contiguous or nearly contiguous; or (2) Only a public or private road, highway. utility easement or other public or private right-of-way separate the property lines from one another. (3) The property lines are separated only by other land owned by the developer -4- EXAMPLE Draft May 5, 2005 that is not subject to this division at the time of any application for development pennit or submission to the planning commission for sketch plat approval. (e) A developer seeking preliminary plat approval or a development pennit for fewer than thirty (30) dwelling units must agree in writing that the developer will comply with this division if the total number of dwelling units at one location reaches thirty (30) or more. Sec. 27-797. Requirements for building moderately price dwelling units. (a) Percentage requirement. In projects of thirty (30) or more units, fifteen percent (15%) of the units shall be MPDUs affordable for purchase or rent to qualified households. (b) Construction of moderately price dwelling units. Moderately price dwelling units, ("MPDUs'') shall be constructed at the same time as the other units. The completion of MPDUs units in a project shall be proportional to the completion of the market- rate units. (c) Distribution of moderately price dwelling units. Whenever reasonably possible, MPDUs shall be distributed throughout the development. Distribution of units may take into account the number of required MPDUs units in the project. (d) External appearance of moderately price dwelling units. The appearance of MPDUs shall be substantially the same as the market rate units with respect to exterior materials and finishes. (e) Size of moderately price dwelling Dnlts. Where the floor area of the moderately price dwelling units in the project is not substantially the same or larger than the market rate units in the development, the moderately price dwelling units shall satisfy the following minimum total floor areas, depending on the number of bedrooms provided: One bedroom - 500 square feet Two bedrooms - 700 square feet Three bedrooms - 900 square feet Four bedrooms - 1100 square feet. Sec. 27-798. Alternatives to providing moderately-priced units. (a) EligiblUty for fee payment. When the calculation ofMPDU requirements yields a fractional number, a fee in-lieu of providing a full unit may be paid to the county and deposited into the Mixed Income Housing Fund. Said fee shall equal the fractional number times the established fee. -5- EXAMPLE Draft May 5, 2005 (b) Amount of fee. For pwposes of this section, the in-lieu fee shall be established and adjusted from time to time by resolution of the board of commissioners based upon the cost of subsidizing a new multi-family residential unit affordable to a low-income household of four persons. Such cost shall represent the difference between the construction costs for such unit (including land costs) and the amount that the referenced household can afford under the parameters of this ordinance. (c) Payment of fee. Any fee required by this ordinance shall be paid in full prior to the issuance of a building permit for the project. At the applicant's discretion, total in- lieu fees for the project may be divided and paid on a per-market-rate-unit basis upon issuance of a building permit for each market-rate unit. (d) Use of funds. Any funds received from fee payments shall be placed in the Mixed Income Housing Fund used for the exclusive purpose of providing housing affordable to low and moderate-income households in county. Sec. 27-799. Bulldinl permits. The development department shall not issue any land disturbance permits unless the applicant for a residential development project has submitted a written MPDU agreement approved by the development director and the county attorney. A MDPU agreement must require: (a) the specific numbers ofMPDUs that will be constructed within a specified period. (b) in single-family subdivisions, whether attached or detached housing, each MPDU must have at least 2 bedrooms. (c) in multi-family dwellings, the number of one-bedroom MPDUs must not exceed the ratio that market rate one-bedroom units bear to the total number of market rate units in the development. See. 27-800. Deed Restrictions to ensure continuinl availability of affordable units The minimum period of affordabiIity for MPDUs for sale shall be as set forth below: (a) Subsidized projects. Projects receiving public subsidies, density bonuses or other concessions shall maintain affordabiIity for a period of not less than fifteen (15) years or for a different period when required by the county code or state law. This period shall be known as the control period. The applicant shall enter into an agreement with the county to assure affordability of the MPDUs for a period of not less than 15 years from the effective date of occupancy. The chief executive officer shall be authorized to enter into such agreement on behalf of the county. The approved agreement shall be recorded in the real estate records maintained by the Clerk of the Superior Court of DeKalb County prior to issuance of any building permits. The county or a non-profit housing agency approved -6- EXAMPLE Draft May 5, 2005 by the county shall administer a monitoring program to assure continued affordability for MPDUs built after the effective date of this ordinance. (b) Unsubsidized projects. MPDUs which are built without a public subsidy, or density bonuses or other concessions shall be required to maintain affordability for a minimum period of years. This period shall be known as the control period. The applicant shall enter into an agreement with the county or its designce to provide monitoring and to assure affordability of the MPDUs for a period of not less than fifteen years from the effective date of occupancy. The chief executive officer shall be authorized to enter into such agreement on behalf of the county. The approved agreement shall be recorded in the real estate records maintained by the Clerk of the Superior Court of DeKalb County prior to issuance of any building permits. The county or a non-profit housing agency approved by the county shall administer a monitoring program to assure continued affordability for MPDUs built after the effective date of this ordinance. ./ (c) Resale agreements. All buyers ofMPDUs shall enter into a resale agreement with the county or its designee prior to the closing for such MPDU. The resale agreement shall specify the required affordability term, pursuant to subsections (a) or (b), and shall provide for an option for the county or its designee to designate an eligible purchaser. And for the county or its designee to have the right of first refusal to purchase the unit. The resale agreement shall provide for a calculation of future equity assignment upon sale of the unit. Such agreement shall be recorded in the real estate records maintained by the Clerk of the Superior Court ofDeKalb County. See. 27-801. Sale or rental of MPnUs (a) Before offering any moderately priced dwelling units for sale or rent the applicant must notify the department of the proposed offering and the date on which the applicant will be ready to begin the marketing to eligible persons. The notice must set forth the number of units offered, the bedroom mix, the floor area for each unit type, a description of the amenities offered in each unit and a statement of the availability of each unit for sale or rent, including information regarding any mortgage financing available to buyers of the designated unit. The applicant must also give the department a vicinity map of the offering, a copy of the approved development, subdivision or site plan, as appropriate, and such other information or documents as the director fmds necessary. The department must maintain a list of eligible persons of moderate income and, in accordance with procedures established by the chief executive officer must notify eligible persons of the offering. (b) If the department or its designee finds that the offering notice is complete, it must decide whether the offering of the units to eligible persons will be administcred by lottery or by another mcthod that will assure cligible persons an equitable opportunity to buy or rent a MPDU. The department or its designee must notify the applicant of the method and when the 90-day priority- marketing period for the MPDUs may begin. -,- EXAMPLE Draft May S. 200S (c) The chief executive officer or a designee may establish a buyer and renter election system which considers household size, county residency, employment in the county, and length of time since the person was certified for the MPDU program. Each eligible person must be notified of the availability of any MPDU which would meet that person's housing needs, and be given an opportunity to buy or rent an MPDU during the priority marketing period in the order of that person's selection priority ranking. (d) The priority-marketing period for new unit ends 90 days after the initial offering date approved by the department or its designee. The priority-marketing period for resold or re-rented units ends 60 days after the department or its designee notifies the seller of the approved resale price or vacancy of the rental unit. The department or its designee may extend a priority-marketing period when eligible persons are interested in buying or renting a unit. (e) MPDUs except those built, sold, or rented under a federal, state, or local program designated by regulation, must not be offered for rent by an applicant during the priority marketing period, except in proportion to the market rate rental units in that subdivision as follows: (f) Applicants must make a good-faith effort to enter into contracts with eligible persons during the priority-marketing period and for an additional period necessary to negotiate with eligible persons who indicate a desire to buy or rent an MPDU during that period. (g) Every buyer or renter of an MPDU must occupy the unit as his or her primary residence during the control period. Each buyer and renter must certify before taking occupancy that he or she will occupy the unit as his or her primary residence during the control period. (h) An applicant must not sell or lease any unit without first obtaining a certificate of eligibility from the buyer or lessee. A copy of each certificate must be furnished to the department and maintained on file by the department. Before the sale by an applicant, a designated housing agency or nonprofit corporation to any buyer of any MPDU who does not possess a certificate of eligibility, the applicant, the agency or corporation must ask the department whether the certificates on file show that the proposed buyer had previously bought another MPDU. A person must not buy a second MPDU unless no first-time buyer is qualified to buy that unit. The director may waive this restriction for good cause. Sec. 27-802. Control of resale prices (a) Calculation of sale price during the control period. Except for foreclosure proceedings, any MPDU constructed for sale or rent pursuant to Section 27-796 must not be resold during the control period for a price greater than the original selling price plus: (1) A percentage of the units original selling price equal to the increase in the cost of living since the units was first sold, as determined by the Consumer Price Index; -8- EXAMPLE Draft May S, 200S (2) The fair market value of improvements made to the unit between the date of the original sale and the date of the resale; (3) An allowance for closing costs which were not paid by the initial seller, but which will be paid by the initial buyer for the benefit of the later buyer; (4) a reasonable sales commission if the unit is not sold during the priority marketing period to an eligible person from the eligibility list. (b) Conversion.. The conversion of an MPD rental unit to a "for sale" unit, or vice versa, if otherwise permitted, shall not void any provisions of applicable MPDU agreements or requirements. (c) Death of MPDU owner. If an MPDU owner dies, at least one heir, legatee, or other person taking title by will or by operation of law must occupy the MPDU during the control period under this Section, or the owner of record must sell the MPDU as provided in herein. PART n. EFFECTIVE DATE This ordinance shall become effective upon adoption by the Board of Commissioners and approval by the Chief Executive Officer. PART m. SEVERABILITY Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the ordinance as a whole nor any part thereof other than the part so declared to be invalid or unconstitutional. AU ordinances or resolutions, or parts thereof, in conflict with this ordinance are repealed. ADOPTED by the DeKalb County Board of Commissioners, this _ day of . 2005. BURRELL ELLIS Presiding Officer Board of Commissioners -9- The Story Central DeKalb: Ordinance would open more doors to DeKalb workforce seeking affordable hoo. Page 1 of 3 m~!J) ,- thestorygroup, com WWW. ~ .Home ~m~1 . News . Commentary . Featu res . Arts & Entertainment . Pet of the Week . Real Estate .ela$8ifteds ~:li~ ~" - ~~ ~ Community Resources I Submit Events l Subscribe l Contact Us l . Archives Home>> News>> News MAY 26, 2005 Ordinance would open more doors to DeKalb workforce seeking affordable housing BY MARY SWINT DeKalb residents who earn low to moderate incomes from jobs inside the county may find more affordable housing if a proposed workforce housing ordinance is adopted but there would be strings attached. ALSO IN NEWS . Coretta Scott King honored, bid farewell . News Updates . Community Review More (810)... The ordinance introduced at the Board of Commissioners meeting on May 10 would require all new residential developments in DeKalb with 30 or more dwelling units to designate 15 percent of the units as moderately priced dwelling units (MDPU's). The law would apply to detached and attached single-family homes, apartments and condominiums. The developers would be required to distribute the MDPU's throughout the development with the exterior appearance of the MDPU's substantially the same as the exteriors of market rate units. The ordinance sets minimum sizes for the MDPU's, ranging from 500 square feet if it has only one bedroom to 1100 square feet if it has four bedrooms. In single-family subdivisions, the MDPU would need at least 2 bedrooms under the proposed ordinance. Before any building permits are issued, the developer would have to make an agreement with the county that the development would have affordable units for at least 15 years if the project received public subsidies, density bonuses or other concessions. The buyer or renter must occupy the unit as his or her principle residence for this control period. The county would maintain a list of eligible persons of moderate income and would notify them of the affordable units available for sale or rent. The DeKalb CEO or his designee could establish a buyer or renter selection system, which takes into consideration "household size, county residency, employment in the county, and length of time since the person was certified for the MPDU program". The eligible person would be selected by lottery or some other equitable method and would be given the opportunity to buy or rent a MPDU during the 90-day priority marketing period for new dwelling units and 60-day period for resold or re-rented units. Buyers of MDPU's would have to enter into a resale agreement prior to closing, giving the county the right of first refusal to purchase the unit and allowing the county to designate an eligible purchaser. If the buyer later wants to sell the unit, the ordinance says the resale price may include the fair market value of http://www.communityreview.net!gbase/Expedite/Content?oid=oid%3A 1903 Real Estate, Employmen Servics, Merchandise, ar Business. It's all here! .,'liUk1 '. ~ Charity, Lost &. Found, Merchandise under $101 and Autos. It's all here Currenl Wealher hI' Decatur ~ Mostly Sunny 62 Powered by AoooW ealtJe r.oom Your source for the Best WealtJer on lhe Web 41712006 The Story Central DeKalb: Ordinance would open more doors to DeKalb workforce seeking affordable h... Page 2 of 3 improvements to the unit, a closing costs allowance, sales commission if not sold in the priority marketing period and the increase in cost of living. In some cases the developer could pay "in-lieu fees" instead of providing MDPU's. The fee would go to the county's Mixed Income Housing Fund to subsidize affordable housing for low and moderate income households. The ordinance would not apply to residential dwellings for which building permits were issued before the ordinance's effective date or to existing dwellings that are "altered, improved, restored, expanded or extended" as long as the number of units is not increased. The ordinance was sent to the Planning and Economic Development Committee for further review. In February, that committee heard a presentation by Planning Director Shari Strickland on similar inclusionary zoning ordinances around the country. Commissioners Burrell Ellis, a sponsor of the ordinance, said the county should help workers such as police officers, firefighters and teachers afford housing in the areas they serve. According to a recent report by the Atlanta Neighborhood Development Partnership, Inc., over 60 percent of all jobs in the Atlanta metro region pay less than $40,000 and one-third of households earn $40,000 or less per year. In 2000, there was a surplus of about 60,000 housing units for households earning more than $50,000. However, the report said the shortage of houses and apartments available for households with incomes under $40,000 could range from about 185,000 to more than 305,000. The report showed a surplus of housing for households with annual incomes of $25,000 and $31,000 around the Decatur job center but a shortage for those earning $20,000 or less. The report also noted that 56 percent of the jobs in the Perimeter Mall area pay under $40,000, mostly between $20,000 and $30,000, but the surrounding communities of Dunwoody and Sandy Springs have very little housing for these income levels. MORE BY MARY SWINT . Theater sale on hold as Avondale reviews missteps As a room full of Avondale residents and business people looked on, the city's Board of Mayor and Commissioners expressed regrets Tuesday night about how the city and its Downtown Development Authority (DDA) has handled redevelopment proposals and debated the role the DDA should play [February 9, 2006] http://www.communityreview.net!gbase/Expedite/Content?oid=oid%3A 1903 4/7/2006 [IT' DF DElRAY BEA[H 0/\ ~ , 4> '" CITY ATTORNEY'S OFFICE :'00 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE: :"61/:'43-7090' FACSIMILE: :"61/278-4755 DELRAY BEACH F lOR I D ^ Da.d All-America City Writer's Direct Line: 561/243-7091 , III I! DATE: MEMORANDUM April 6, 2006 1993 2001 TO: FROM: City Commission David Harden, City Manager ~ ,-----.. Brian Shutt, Assistant City Attorney SUBJECT: WiFi RFP/lnvitation to Neaotiate The Commission had previously given direction to City staff to solicit proposals from companies interested in constructing a wifi umbrella over the downtown area. City staff prepared a request for proposal document (attached hereto), with the input of outside counsel. This item is in front of you to seek input and direction regarding how you wish staff to proceed in this request as it became apparent when preparing the RFP that we could be limiting our responses in that the RFP contains language that may be too restrictive. If the Commission wishes to solicit proposals, where it is left up to the proposer to determine the means and methods of providing a wifi umbrella over the downtown area, with the possibility of expansion, the Commission could consider an Invitation to Negotiate (ITN) process. The ITN would allow a greater range of ideas, regarding how to provide for wifi service, than our traditional RFP process. If the Commission wishes to proceed by using the ITN process, staff will proceed with an ordinance change to provide for this process. The ordinance change may occur simultaneously with the ITN process as it is anticipated to allow prospective proposers a 60 day window in which to respond to the ITN. The second reading of the ordinance will occur prior to award and if the ordinance does not pass there will not be an award. Once staff received the responses then they will be ranked and the recommendation will be brought to the Commission for approval. Our office requests that this item be placed on the April 11, 2006 City Commission agenda. Please call if you have any questions. Attachment 'J\\S.lo " cc: Chevelle Nubin, City Clerk Doug Smith, Asst. City Manager Guy Buzzelli, Chief Information Officer Richard Hasko, Director of Environmental Services C. '.I./T' .... "V.." O' F i . : t i . / if. I '. .j.. ..... ..,: .," .......~.....: E:" 'Lr RA'" i . \ yr. ,'Ii' BJ'E(: :A\ C\ IB: r j.. j.. '.' 7' ".'. j.' '.. '. I.. .' .... : . '.' i..... . ,. : .. t.. : ,..,.. ,.. . "''''.~~:." .,: _,. "".~" ) > .'- -' ^, ,..,~." ...'.- ," """".~ .,..... _.. __,_..',' ~"",.;,4' ,,', ,,~......... .;: ,,~~, ",.....,_ ,,,,,,,..,.~ '~"k"NW _'~"";~"" REQUEST FOR PROPOSAL W1FI INFRASTRUCTURE S,YSTEM DOWNTOWN DELRAY' B:EACH PROJECT NO. 2006-036 RFP NO. 2006-21 MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER JEFF PERLMAN RITE ELLIS FRED B. FETZER JON LEVINSON BRENDA MONTAGUE DAVID T. HARDEN INFORMATION TECHNOLOGY DIVISION 100 NW 1 ST AVENUE, DELRA Y BEACH, FLORIDA 33444 , . REQUEST FOR PROPOSAL (RFP) PROJECT NAME: WIFIINFRASTRUCTURE SYSTEM DOWNTOWN DELRAY BEACH PROJECT NO. 2006-036 RFP NO. 2006-21 TABLE OF CONTENTS TO THE REQUEST FOR PROPOSALS FOR WIFIINFRASTRUCTURE SYSTEM DOWNTOWN DELRAY BEACH NOTICE ADV - 1 REQUEST FOR PROPOSAL SECTION I - OVERVIEW AND PROPOSAL PROCEDURES SECTION II - PROPOSED SYSTEM REQUIREMENTS SECTION III - TERMS AND CONDITIONS SECTION IV - PROPOSAL SUBMITTAL REQUIREMENTS SUBMITTAL FORMS RFP 1-2 RFP 2-11 RFP 11-13 RFP 13-21 SF 1-15 EXHffilTS ~FICOVERAGEAREA I AGREEMENT A 1-9 PERFO~CEBOND FLORIDA PAYMENT BOND LIMITED POWER OF ATTORNEY CERTIFICATE OF SUBSTANTIAL COMPLETION WARRANTY OF TITLE FINAL RECEIPT PRB 1-4 PYB 1-3 LPA 1 CSC 1-2 WT-l FR-l NOTICE PROJECT NAME: WIFIINFRASTRUCTURE SYSTEM DOWNTOWN DELRAY BEACH PROJECT NO.: 2006-036 RFP NO.: 2006-21 REQUEST FOR PROPOSALS Sealed proposals for the turnkey provision, installation, operation and maintenance of a WIFI Infrastructure system for the City of Delray Beach downtown area will be received by the City of Delray Beach, Florida at the office of the Purchasing Manager, 100 N. W. 1 51 Avenue, Delray Beach, Florida 33444, until .2006. Any RFP received after the designated closing time, whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the Purchasing Department receiving clock located in the Finance office. Respondents will be submitting proposals for the turnkey provision, installation, operation and maintenance of a WIFI Infrastructure system to provide free wireless internet access to the general public in the downtown area. Ranking of respondents will be made on the basis of wireless network provision and technical support qualifications, including experience and ability as detailed in the RFP. A public meeting of the City Selection Committee will convene at . 2006. in the 1 st Floor Conference Room at City Hall. 100 NW 1 st Avenue. Delrav Beach. Florida. 33444, to review and discuss rankings of respondents. At the time of proposal submission, respondents must be properly certified and licensoo in the State of Florida and/or Palm Beach County, as applicable, for the purpose of perfonring the specified work. All RFP's shall be submitted with an original and seven (7) copies in sealed envelopes/packages addressed to the Purchasing Manager of Delray Beach, Florida, and marked "SEALED PROPOSAL FOR WIFI INFRASTRUCTURE SYSTEM DOWNTOWN DELRAY BEACH". Request For Proposal packages may be obtained from www.DemandStar.com (800-711-1712) or the Purchasing Office, City Hall, 100 NW 1st Avenue, Delray Beach, Florida. Call Purchasing at 561-243-7163 to ensure sufficient supply The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that Vendor whose proposal best complies with the specifications and is most advantageous to the City, as determined by the City, in its sole discretion. No Vendor may withdraw their proposal for a period of sixty (60) days from the date set for the opening thereof. Jacklyn Rooney Purchasing Manager Dated: Published: Palm Beach Post ADV - 1 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES A. IntroductionIBackground The City of Delray Beach (the "City") has established a goal to provide free internet access using wireless broadband technology to City residents and visitors. The City specifically plans to use wireless broadband technology to support free internet access in the downtown area of the City To achieve the City's goals, the City is seeking Proposals from qualified bidders, Proposers, Finns, or interested parties (hereinafter collecthely referred to as "Proposers") for a "turnkey solution" for a city wireless network system (the "System"). This System must include: 1. Network infrastructure proCUfetr:lent 2. Architecture and desi~ services 3. Installation services 4. Teleconnnunications provisioning and services 5. Network monitoring and management services 6. Network maintenance and upgrade services 7. Operations Support Systems (OSS) services 8. Customer service and technical support sernces 9. Software hosting services 10. Program and project management services B. Instructions to Proposers 1. Firms desiring to provide services, as described herein, shall submit their response to this RFP in a sealed envelope with one original (clearly marked) and seven (7) copies (a total of 8 copies). Responses must be received no later than 3:00 p.rn, local time, April 11 ,2006, to the attention of: Purchasing Manager 100NW 1st Avenue Delray Beach, FL 33444 2. Proposers must indicate on their response enwlope the following Project Name Project No. Date of Submittal - Name of Proposer Return Address of Proposer 3. The time and date for receipt of responses will be scrupulously observed. The Proposer shall assume full responsibility for timely delivery at the location designated for receipt of responses. 4. All responses will be opened and reviewed at a later date by the Selection Committee. Responses received after the specified titre and date shall be returned unopened 5. No faxed responses will be accepted. Faxed responses will be rejected as non-responsive. RFP-l 6. Questions concerning this Request for Proposal must be directed in writing no later than , , 2006, to Guy Buzzell~ Chief Information Officer, Information Technology Division, City of Delray Beach, 100 NW 1st Avenue, DelrayBeach, FL. 33444, FAX (561) 243-7166 via fax or mail. 7. No oral interpretation of this RFP shall be considered binding. The City will be bound by information and statements only when such statements are written and executed under the authority of the City. Any interpretation, clarification, correction, or change to this RFP will be made only by Supplement. Written instructions regarding discrepancies, omissions or unclear intents will be sent to all Proposers who have listed their name with the City. Interpretations, corrections or changes made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections or chan~s. 8. Prior to submission of its Proposal, each Proposer shall ascertain that it has received all Supplements issued. The Proposer shall acknowledge receipt of all Supplements by completing the acknowledgment space provided on the Proposal Certification mrm. SECTION II - PROPOSED SYSTEM REQUIREMENTS The City seeks to implement a "state of the art" Wi-Fi System, which will satisfy all of the City's current requirements, as specified in this RFP, yet be cost efficient and capable of being upgraded and expanded to satisfy future needs for additional functionality and/or capacity. The City requests that Proposers offer their "best" currently available solutions that will satisfy the requirements set forth in this RFP. [802.11] A. Network Infrastructure Requirements The System must consist of a wireless network covering that area of the City of Delray Beach, located on Atlantic Avenue between Interstate 95 and State Road AlA (including AlA) and minimum one block north and one block south ("the Coverage Area") (ref. Exhibit I). The network must meet the following requirements: 1. The network must be accessible outdoors throughout the Coverage Area for wireless access from laptop PCs, handheld devices, mobile phones and other manned or unmanned devices equipped with either an IEEE 802.11 b or 802.11 g ("Wi-Fi") wireless interface. The proposed solution should include mechanisms (proprietary or otherwise) that mitigate any degradation of performance inherent in mixed 802.11 g and 802.11 b environments. 2. Throughout the Coverage Area, the network must provide a "best-effort" service with an average net throughput per subscriber of one (1) megabit per second (Mbps) upstream (client device to network) and downstream (network to client device) transmission. 3. The network shall provide 99% in-street ( outdoor) coverage for the devices referenced above within the Coverage Area with no additional hardware required beyond the device's standard wireless interface. 4. All parks, common areas and other public spaces within the Coverage Area must be defined and managed to allow any user with a mobile device to gain free and open access to the System while in these areas. RFP-2 5. Battery and/or solar power backup for all network equipment sufficient to assure continuous operation at full power and functionality for a period of not less than three (3) hours in the absence of utility power shall be provided. 6. Deserif'tioft anti f'~rovision of the "backhaul" solution to aggregate Wi- Fi network traffic from multiple subscribers and access points back to an hternet point of presence ("PoP"). 7. List of the estimated use of City-owned structural assets, such as street light poles and utility poles or other assets which the City may provide access to. 8. Infrastructure must employ pole, roof and wall mount options for wireless network equipment. 9. Compliance to IP56/NEMA4 dust and water ingress ratings for all outdoor-mounted equipment. Since the coverage area is bordered to the east by the Atlantic Ocean, salinity is a major concern. Proposers are strongly encouraged to provide detailed information regarding the anti-corrosive features of their proposed solution along with case studies from deployments in other cities in a high salinity environment as supplemental submittal data 10. Equipment must be rated for ambient temperature ranges of 0 F to + 122 F for all outdoor- mounted equipment. 11. All outdoor-mounted equipment must be rated to withstand wind loads up to 150 mph and consistent with any codes and/or regulations that may exist within the City, with no impact to operation of the System. Any and all hardware to be mounted must be rated to industry standards, including but not limited to battery backups, nodes or other mounted assets. 12. Protection against power surges, including lightning strikes, for all electrical and network connections. 13. Sufficient capacity throughout the System to maintain the service levels described above throughout the contract term considering a reasonable subscriber growth. 14. Scalable to support additional users, capacity, and functions throughout the contract term. Because specific, future subscriber and/or public access applications are not defmed in the RFP, Proposers are encouraged to elaborate on how their proposed solutions can scale and adapt in a modular way to increase coverage areas, users, capacity and functions as supplemental submittal data 15. Fault tolerance mechanisms to mitigate and/or eliminate single points of failure for all components of the System. 16. Guaranteed reliability of 99.9% for the 802.11g and 802.11b tier of the System and 99.999% for the backhaul and PoP tiers of the System. 17. Provision of dynamic support for state-of-the-art security standards as follows: 17.1. Physical security for all critical network equipment and other components of the System via secured facilities. 17.2. Support for Media Access Control ("MAC") address filtering RFP-3 17.3. 17.4. 17.5. 17.6. 17.7. 17.8. 17.9. 17.10. 17.11. 17.12. 17.13. Support for Wired Equivalent Privacy ("WEP") encryption, including both 64 and 128 bit keys. Support for Temporal Key Integrity Protocol ("TKIP") encryption. Support for Advanced Encryption Standard ("AES") encl)ption. Support for Wi-Fi Protected Access ("WPA"). Support for 802.lx authentication using Extensible Authentication Protocol ("EAP") and "Rermte Authentication Dial-In User Service" ("RADIUS"). Support for the suppression of Extended Service Set Identifier ("ESSID") broadcasts. Support for multiple ESSIDs and the ability to map ESSIDs individually to Virtual LANs ("VLANs"). Support for filtering of traffic based on Internet Protocol ("IP") Addresses, subnets and Transmission Control Protocol ("TCP") ports. Support for Virtual Private Network ("VPN') tunneling Support for encryption of all control and network management traffic transmitted within the System 18. The network shall provide for mitigation of any radio or electromagnetic interference to the network. 19. Assurance of Network Neutrality. Proposers and the City of Delray Beach contemplate that the benefit of the Internet is inextricably rooted in its bit-neutral end-to-end architecture. Therefore, the incumbent vendor shall warrant that for the term of the awarded contract, vendor will not engage in any discriminatory conduct in its operation of the network with respect to any bit traversing its or any third party's network. Specifically, Vendor warrants that: 19.1. Users will have the right to unfettered access of their choice of legal content absent interference of any sort by network operator. 19.2. Users will have the right to attach devices of their choosing to the network. RFP-4 B. Architecture and Design Services Architectural and desi!Jl services under this RFP shall include: 1. The development of an overall architecture for the Sy.;tem, to include detailed design of the infrastructure including all network equipment, hardware, software and other components required to meet the requirements defined in the RFP and other factors that may impact performance, reliability and scalability of the system. This must include the proposed number, model, manufacturer, location and configuration of all network equipment and other components. 2. A detailed design for how any wireless spectrum will be allocated, re-used and managed throughout the System to ensure efficiency, minimize interference and maximize capacity. 3. A detailed description of the core business processes to be used throughout the System (e.g. call flow for customer service, billing cycles, trouble ticketing). 4. A detailed plan describing the tools and processes to be used for all post-installation testing and verification of performance, reliability and scalability for all parts of the Coverage Area. 5. A detailed description of the deliverables to be provided to the City following the post- installation testing and verification process. 6. A detailed Implementation Plan, Statement ofW ork, Project Schedule and Milestone Payment Schedule as specified in this RFP. 7. A fmal "as built plan" for the network infrastructure. c. Installation Services Turnkey installation and configuration services required for the successful deployment of the System shall include, but not be limited to the following: 1. The installation and configuration of all network components, access points, routers, nodes, batteries, bridges and other network equipment. 2. Coordination with the City and any other parties required for access to any structural assets, facilities or pennits required for the installation of the S)Stem Proposer will be required to comply with all federal, state and local ordinances, rules, regulations, codes, laws and permitting processes as required. 3. The ramp-up and activation of all services defined as requirements in the RFP, to include but not be limited to customer service, technical support, hosting, network management systems, processes and personnel. 4. The configuration and integration of all components in the Systems to meet the requirements defmed in the RFP. 5. Adherence to any FCC rules or guidelines for the configuration and installation of any wireless equipment using licensed or unlicensed spectrum, with specific emphasis on Part 15 of Title 47 of the Code of Federal Regulations for unlicensed operation. RFP-5 6. Any tuning required throughout the contract term to meet the service level agreements defined in the RFP. 7. A safety plan detailing precautionary measures taken to mitigate risks during installation. D. Telecommunications Provisioning and Services Pi'6l'osers must iBelude iB their Pi'eposals The successful Proposer shaD provide a detailed description about network capacity estimates for aggregation points and maintenance services for any wired or wireless leased line telecorrnnunications services needed to support their Proposal throughout the contract term. This is to include, but not be limited to the following: 1. A detailed description for how capacity estimates for all aggregation points in the System was derived. This description can use either or both of the followingmethods: 1.1. Concurrent subscriber bandwidth usage for each category of service expressed in kilobits per second (Kbps) per subscriber. 1.2. Oversubscription rates for service expressed as a ratio of subscriber bandwidth sold to net aggregation-point bandwidth available. Proposers should consider provisions for alternate peering points over time if warranted E. Network Monitoring and Management Services A turnkey solution for the monitoring and management of the System shall include all network equipment, hardware, software, tools, personnel and other components required to meet the reliability and performance goals of the RFP. Specific requirements include the five network management functions summarized below. 1. Performance Management - Measures and makes available various aspects of network performance so that inter-network performance can be maintained at an acceptable level. Examples of performance variables that might be provided include, but are not limited to network throughput, user response times, and component utilization. 2. Configuration Management - Monitor network and system configuration information so that the effect of configuration changes (intentional or unintentional) can be tracked and managed. 3. Accounting Management - Measure network-utilization parameters so that individual or group uses on the network can be regulated appropriately. Such regulation should minimize network problems and maximize the fairness of network access across all domains and users. 4. Fault Management- Detect, log, notify support organizations and users (where appropriate) of, and (to the extent possible) automatically fix network problems to keep the network running effectively. This should include proactive determination of symptoms, isolation of problems and rapid resolution. 5. Security Management - Control access to network and system resources according to defined policies so that the network cannot be sabotaged (intentionally or unintentionally) and those without appropriate authorization cannot access sensiti'e information. RFP-6 F. Network Maintenance and Upgrade Services Proposers fBl:lst include in their Proposals The successful Proposer shall provide a detailed plan and all costs for routine maintenance of the System This should include any assumptions for spare inventory, upgrade cycles, capacity upgrades, or similar needs. PfOJ'6SerS fBl:lst The successful Proposer shall also pfOJ'ose provide a solution that mitigates the risk of obsolescence in the System over time. Proposals must include a detailed plan and all associated costs for how the network will be upgraded during the contract term. Proposals must include fixed costs for replacement units. Proposers must also detail support plan and fixed price structure for installing new nodes on as-needed basis during the entire contract term to support additional capacity requirements if necessary. The City shall require the System to be maintained in a "state of the art" status throughout the term of this agreement. Due to the dynamic nature ofWiFi technology, the System will require technological refreshment. Services under this RFP shall include annual provision to the City of a written report detailing the "state of the art" in WiFi networking equipment. The City, at its sole option, may elect to implement such technology provided Proposer and City can agree to costs to be shared equally by each party. If the parties cannot agree, then the agreement may be terminated by either party upon giving the other party ninety (90) days written notice. The required annual report shall include a detailed plan for how and when the original technology will require refreshment or replacement. The plan should be tailored to the specific technological solution proposed. Periodic upgrade proposals must comply with the following: 1. Based on IEEE 802.11 standards 2. An upgrade plan must be submitted in advance of any planned update, subject to review and approval by the City 3. Minimal interruption of service can occur during these upgrades 4. Backwards compatibility must be provided for existing applications, services and subscribers as upgrades occur 5. Upgrade plans will consider the specific product roadmap for the equipment vendor( s) in the Proposal G. Operations Support Systems (OSS) Services The City shall require a turnkey solution for an Operations Support System ("OSS") that integrates all customer service, technical support, provisioning, network element and network management components as seamlessly as possible. Specific requireIrents include, but are not lini.ted to the following: 1. The ability to support flexible service policies for tiIre and for quality of service. 2. The design, development, management and hosting of a subscriber software portal for the System The portal must also support multi-lingual usage. 3. The ability to perform usage tracking, customer reporting and usage policy enforcement. 4. Interoperabilitywith public access poiIts and gateways. RFP-7 H. Customer Service and Technical Support Services The City shall require a turnkey solution for customer service and technical support via a call center or other mechanism for public access and diagnosis and resolution of issues identified by the City or users, including but not limited to: 1. Issues from the City dealing with technical problelIE. 2. A toll free 1-800 number to contact the Proposer in order to report an issue and obtain a resolution. 3. Support hours shall be 24x7x365. 4. Proactive notification to the City for network problems, outages and other issues affecting the System via e-mail and Web interface. 5. The development, maintenance and hosting of a library containing electronically available frequently asked questions ("FAQ") to aid in self-support. 6. The creation and routine delivery of pre-defmed and ad-hoc reports on issues, wait times, abandoned calls, resolution times and other standard customer service and technical support metrics. 7. The ability to support ''total call management", referring to the diagnosis and resolution throughout the lifecycle of a subscriber or City agent issue. This must include the ability to track a call from the time the issue is reported, through any escalation to other parties, and the closed-loop resolution with the City agent. 8. Proposers shall defme are encourae:ed to provide supplemental information definine: their ability for reporting of an issue and provide a method to obtain a resolution via e-mail, Web based interface and interacti~ messaging ("chat"). 9. Proposers shall provide information regarding their company's dedicated technical expert, who shall have knowledge of all aspects of the System, and be available on a telephone or pager basis, 24x7x365. 10. A secure, managed database of hot zone call tracking detail, resolutions, etc. This system should be fault tolerant and backed up on a regular schedule. The system should also support secure login to private areas by the City. II. The creation and routine delivery of pre-defmed and ad-hoc reports on issues, wait times, abandoned calls, resolution times and other standard customer service and technical support metrics. 12. Any supported integration between the proposed solution and other enterprise resource planning ("ERP"), customer relationship management ("CRM"), ass or other back office systems 13. Any additional features for knowledge management and/or other technologies that will result in improved customer service and technical support. RFP-8 I. Software Hosting and Facilities Services The City may make available under appropriate supervision and protocols secure, appropriate government facilities for the software and equipment used to support the network, however, Proposers will be responsible for hosting the splash page/portal for the public access hot zones. Pffll'flSerS ffitlst also ineluae ifl. their Proposals The successful Proposer shall provide all costs and detail for the following facilities-related servIces: 1. Backup and recovery tools and processes 2. Proactive capacity planning 3. Problem avoidance and change management tools and processes 4. Maintenance This section must include compliance to the base requireIrents listed above and a deftnition of the Irethods used to ensure that capacity and availability will be adequate to support the subscriber and service proj ections set forth herein J. Program and Project Management Services Proposers must provide program and project management services throughout the contract term. Speciftcally, these services must include: I. The designation of an individual from the Proposer company who has the authority to make key fmancial, legal, operational and other decisions required for compliance with the contract terms. 2. The designation of a primary or single point of contact ("SPOC") for the City from the Proposer's company for all business and technology-related issues. 3. The delivery of routine program and project status reports to the City. These status reports must include: 3 .1. Date of report 3.2. Summary of program and/or project status 3.3. Items completed during last reporting period 3.4. Items planned for next reporting period 3.5. Issues and risks identifted 3.6. Mitigating factors for issues and risks identifted 3.7. Project schedule, tiJ:reline, tasks, owners 3.8. Compliance status for prior reporting period 3.9. Other issues as deemed appropriate or required by the City RFP-9 , , K. Maintenance and Support Services The City shall require that maintenance and support I be furnished on a "turnkey" basis commencing at the time of final acceptance of the System by the City - i.e. the successful Proposer will itself be contractually responsible for all maintenance and support services for all elements of the System, including but not limited to all equipment and software and any data transport services that are required under the contract, and will be the single point of contact for service and support. The successful Proposer shall submit a description of the proposed services, stating how the Proposer will comply with the foregoing terms, and describing the Proposers problem resolution procedures, including problem severity classifications, response times and "fix" times for each level of severity, and the escalation procedures (including on-site service) that will apply where resolution is not immediately achieved. L. Intellectual Property Rights. Proposer shall provide the City irrevocable, non-exclusive, paid up licenses to use, reproduce, display, perform and distribute all licenses held by Proposer or any third party necessary for the System, and its intended uses. Upon transfer of the system to the City, any and all licenses including all third party licenses shall be transferred to the City free and clear of all liens and encumbrances thereto. In the event any new materials are created during the term of this Agreement by Proposer performing services required by this Agreement, the city shall have all right, title and interest (including ownership of copyright) of said new material. Proposer will retain one copy of the materials for performance of its obligations under this Agreement only. M. Warranty The City requires a warranty from the successful Proposer that covers the entire Wireless Delray Beach System and all work that is provided by the successful Proposer under the contract resulting from this RFP, including, without limitation: all software, equipment, cabling, and other deliverables; network design and other designs and studies furnished and/or used in the implementation of the System; and implementation/integration services, construction services, operation and maintenance, and any other services required under the contract resulting from the RFP. The warranty will guarantee that the System will conform to the contract statement of work and to all technical specifications, performance standards, and designs for the System that are incorporated in the contract and/or furnished as deliverable under the contract. The warranty must be on a "turnkey" basis - i.e. the successful Proposer must itself be contractually responsible for all warranty obligations and must be the single point of contact for service under the warranty. The City requires a warranty period of, at minimum, the term of the agreement, commencing on final acceptance of the System by the City. The price of such warranty shall be included in the cost proposal, withthe price identified in a separate line item Any premium charged for a warranty year - i.e. any charge in addition to the price for a concurrent year's maintenance and support services - should be identified in the cost proposal. RFP-IO , , . N. Term The initial agreement will be for a period of 2 years from the date of activation of the system provided, however, the agreement may be renewed upon mutual consent of the parties for up to 3 additional one)ear periods. O. Implementation Plan, Statement of Work, Project Schedule and Milestone Payment Schedule The City shall require that the entire System be operational approximately sixty (60) days from commencement of its construction. Construction shall cornnence within 60 days of the execution of the contract. The successful Proposer shall provide a detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, principal schedule milestones, and overall time of completion. The level of detail in the project schedule should indicate these tasks, deliverables and milestones at a "week level" throughout the project timeline. The detailed project schedule shall also provide the following: I. An implementation plan for the proposed System and/or services that describes in detail (i) the methods, including controls, by which the Proposer manages projects of the type sought by this RFP; (ii) where software is to be developed, customized, and/or implemented as part of the project, the Proposer's software development and implementation methodology, including, but not limited to, version control, error correction, pre-delivery testing and de-bugging procedures, and post-installation testing; (iii) and any other project management or implementation strategies or techniques that the Proposer intends to employ in carrying out the work. 2. A detailed statement of the work to be performed, in a form that the Proposer considers appropriate and sufficient for incOlporation in a contract docummt. 3. A detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, principal schedule nilestones, and overall time of completion. 4. A milestone payment schedule setting forth the frequency and amount of progress payments, and identifying the tasks and deliverables ("milestones") to be completed for each payment. SECTION III - TERMS AND CONDITIONS I. Rejection of Proposals - The City reserves the right to reject any and all Proposals, and/or to re-advertise, to waive any irregularities, informalities or technicalities therein, to negotiate Contract terms with the successful Proposer, to disregard all non-confonning, non-responsive, unbalanced or conditional Proposals, or to accept any Proposal which in the City's sole judgment will best serve the public interest. The City reserves the right to cancel the award of any Contract at any time before the execution of said Contract by all parties without any liability against the City. In consideration of the City's evaluation of submitted Proposals, the Proposer, by submitting its Proposal, expressly waives any claim to damages, of any kind whatsoever, in the event the City exercises its rights provided for in this subsection. 2. The City reserves the right to request clarification on information submitted from one or more respondents after the deadline for receipt of responses. RFP-II , , I 3. Any response may be withdrawn until the date and titre set above for the submission of the responses. 4. Costs of preparation of a response to the RFP are solely those of the Proposer and the City assumes no responsibility for any such costs incurred by the Proposer. 5. The Proposer understands that the RFP does not constitute an agreement or contract with the Proposer, and no contract rights or remedies shall be deemed to have accrued to Proposer herewith. 6. Any Proposer who submits in its Proposal any information that is determined by the City, in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect may be disqualified from consideration. 7. Failure of any Proposer to comply with this RFP may render the response non-responsive and ineligible from further consideration. 8. The Proposer warrants that it has not employed or retained any company or person, to solicit or secure this Contract where the Proposer has agreed to pay a fee, commission, percentage, gift or other consideration contin~nt upon or resulting from the award of this Contract. 9. The Vendor must have a valid City occupational license, if applicable, except where provisions ofF.s. 205.065 apply. 10. Each Proposer by making his/her proposal represents that: 10.1 As provided in Florida Statute 287.133(2)( a) a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By entering into this contract or performing any work in furtherance hereof, the Construction Manager certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required byF.S. 287.133 (3) (a). 10.2 The Proposer must be an equal ell1>loyment opportunity employer. 10.3 The Proposer does hereby declare that it is the only person or persons interested in said Proposal; that it is a genuine Proposal not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; that it is made without any connection with any person submitting another Proposal for the same Contract; that this Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; that the Proposal is in all RFP-12 " , respects fair and without collusion, fraud, or mental reservations; that no official of the City or any person in the employ of the City is directly or indirectly interested in said Proposal or in the supplies of Work to which it relates, or in any portion of the profits thereof; and that Respondent has not sought by collusion to obtain for itself any advantage over any other Proposer or over the City. 10.4 Bond and Insurance Requirerrents 10.4.1. Within 15 days of contract award and prior to proj ect commencement, the successful Proposer shall furnish to the City, on forms approved by the City the following: 10.4.1.1 Payment and Performance Bonds, or other forms of credit acceptable to the City, in the Amount of 1 00% of the contract pnce. 11. Form of Guarantee 11.1 Such Payment and Performance Bonds, or other forms of credit acceptable to the City, shall incorporate by reference all of the terms and conditions of the Contract Documents. 11.2 The Surety Company, in addition to the above requirements, shall be currently listed with the United States Department of Treasury for an amount greater than the contract amount. 11.3 The successful Proposer shall require the attorney- in- fact who executes the required bonds on behalf of the Surety to affix thereto a certified and current copy of his Power of Attorney, reflecting his/her authority as Power of Attorney in the State of Florida. 11.4 If the Proposer obtains bonds from any Subcontractor, the City shall be named as a dual obligee. 11.5 Insurance Requirements - The successful Proposer shall furnish to the City certificates of insurance evidencing the existence of current valid, and binding insurance policies in amounts acceptable to the City. SECTION IV - PROPOSAL SUBMITTAL REQUIREMENTS The contents of the proposal submittal will becorre part of the contractual obligitions. It shall be understood that it is the intent of the City to insist that those indicated as a part of the Proposers technical support team actually execute the project. Proposers must submit this required information. Failure to submit and completely fill out any or all of the required forms may result in the rejection of the proposal. RFP-13 " , A. Qualifications of Proposers Proposals will be evaluated, in part, on the Proposer's ability, in the City's sole judgment, to demonstrate technical and financial capacity to perform the work it proposes in accordance with the requirements of this RFP. Proposers are accordingly required to furnish the information described below. The City reserves the right, in its sole discretion, to require additional or different qualifications information, and is the sole judge of whether the Proposer's submissions meet the information requirements provided below and are sufficient to demonstrate the Proposer's qualifications. The Proposal should include the following sections, with the information specified for each. 1. Name, street address, mailing address if different, email address, and telephone and facsimile numbers of the Proposer. 2. Year established (include former firm names and year each applied). Identify the country and state in which the firm was incorporated or otherwise org;mized. 3. Type of ownership and parent company and subsidiaries, if any. Include dates of any corporate mergers and/or acquisitions including all present and former subsidiaries with dates of any and all re-structuring since the founding date. 4. Address and telephone number of production facility(ies) where any of the work is to be accomplished (if different than item a); name, address, and telephone number of the proposed project manager. 5. A narrative description and organization chart depicting the management of the Proposer's organization and its relationship to any larger business entity. 6. A description of the overall operations of the Proposer, the number and scope of other projects currently ongoing or set to begin in the near future. 7. A narrative description of Proposer' s familiarity with and prior operating experience in WiFi. Specifically identify (i) similar projects in the last five years on which Proposer has worked, (ii) any contracts entered into with any other government entity in the last five years (the 10 most recent such contracts shall be sufficient); and (iii) the following information for the ten (10) projects that best illustrate Proposer's qualifications which were completed no more than 3 years ago 8. Related WIFI Experience: List the projects which best illustrate the experience of the firm and staff which will be assigned to this orotect. List no more than ten (10) projects, or projects which were completed no more than five (5) years ago. Provide the following information for each project listed: 8.1. Name and location of the system 8.2. The nature of the firm's responsibility on this project including project delivery method. 8.3. Provide the name, address, phone number, and e-mail address of an owner's representative who can be contacted to provide a reference. RFP-14 " . 8.4. Size ofWIFI service area. 8.5. Final component and total cost. 8.6. Present status of the project (Date when service was initiated or anticipated to be initiated). 8.7. Key professionals involved on listed project who would be assigned to this project. 9. Provide, at Proposer's option, any additional information not specifically listed above which demonstrates the qualifications of the Proposer to perform the scope of work specified in this RFP. B. Technical Qualifications 1. The Proposer shall provide information that demonstrates that it possesses the technical expertise that the City requires for this RFP. 2. Proposers should submit references from owners of projects that are comparable in size, complexity and scope of work sought by this RFP. The references should also demonstrate the Proposer's experience with the technology solution proposed. The histories of such projects that they have completed, firm resumes and resumes of key personnel should also be included as well as other such information believed to demonstrate the indicated types of experience. All references should include the name, title, telephone number of both the current owner of the project and the owner of the project at time of work effort. Specific reasons for using the reference IIlllSt also be provided. 3. The Proposer must demonstrate adequate experience in the following areas (the Cityprefers a minimum of five years such experience): 3.1. Wireless network infrastructure procuremmt 3.2. Wireless network architecture and desi81 services 3.3. Wireless network installation sa-vices 3.4. Teleconnnunications provisioning and services 3.5. Wireless and wired network IlDnitOring and management services 3.6. Wireless network maintenance and upgrade services 3.7. Operations Support Systems services 3.8. Billing, receivables, collections and settlerrent services 3.9. Customer service and technical support sernces 3.10. Software hosting services 3.11. Program and project management services RFP-15 " . c. Financial Qualifications. The Proposer shall provide: 1. A narrative that demonstrates its financial capacity to undertake and complete the project as proposed and to furnish software systems and/or services in accordance with the RIP. 2. A current audited statement of fmancial condition, prepared by an independent certified public accountant. 3. Financial statements for the two (2) years preceding the year to which the statement required in b applies, prepared by an independent certified public accountant. 4. A bank reference. 5. A statement disclosing any audits of the Proposer by the federal government. 6. A statement disclosing any state or federal bankruptcy or insolvency proceeding that it has filed or with which it is otherwise imolved. 7. If performance and/or payment bonds are required under the RFP, a notarized letter from an approved surety stating the willingness of the surety to issue the bonds to the Proposer as principal. 8. A description of contracts with municipalities for work of similar type, scope, and value as the work sought by this RFP; including, for each, the name, address, and telephone number of a contact person. 9. A copy of the most recent Form lO-K filed by the Proposer with the U.S. Securities and Exchange Commission, and copies of all Form 8-Ks filed since the filing of the most recent 10- K. If a Form 10- K is not filed with the SEC, subnit the following: 9.1. Certified audited financial statements for the past three fiscal years including, at a minimum, income statements, balance sheets and statemmts of changes in fmancial position; if fewer than three years of financial statements are available, this information should be provided to the fullest extent possible. 9.2. Copies of the latest quarterly financial reports. 9.3. A copy ofthe Proposer's most recent annual report; If the Proposal is submitted by a partnership and/or joint venture, provide full infonnation concerning the nature and structure of the partnership and/or pint venture, including: 9.4. Entity(ies} that will be guaranteeing contract performance. 9.5. Date of joint venture or partnership. 9.6. Does the agreement between members comprising the joint venture make eachjointly and severally liable for contractual obligltions of this project? 10. Any other information not specifically itemized above that it believes to be demonstrative of its fmancial capacity. RFP-16 " . D. Technical Approach The Proposal will set forth the technical approach md solution for meeting the requirements of the System, including the information identified below for each section and shall include: 1. Organization and Management. 1.1. Organizational charts addressing the delineation of authority and responsibilities in performing the work described in the Proposal and identifying all key personnel, including, but not limited to, the project manager. 1.2. Company affiliation, job title, and resume of each individual listed in on the organizational chart, setting forth work experience, education, professional achievements, and any publications related to the type of work to be performed. (The City will require that the key people proposed for the project participate in their proposed capacities and the Citymust approve any substitutions or replacerrents.) 1.3. Detailed descriptions of the following 1.3.1. The project management approach. 1.3.2. All computer hardware, communications equipment, network equipment, and other equipment required for the System proposed, with detailed specifications for each. 1.3.3. Reasons for selection of hardware and software environment, if applicable. 1.3.4. The proposed proof of concept iIq)lementation, required by the RFP. 2. Scope of Work Plan. The plan should include: 2.1. The proposed Project Documents, Implementation Plan, Statement of Work, Project Schedule and .Milestone Payment Schedule 2.2. A comprehensive list of tasks required to complete the scope of work proposed, with estimated effort (expressed in persons, identified by skill set, and hours) required for each task. 2.3. A detailed written description of how the Proposerintends to accomplish each task. 2.4. The name of key personnel who will be assigned to complete each task. 2.5. The items specified in the Appendices to the RFP, to the extent not provided in response to the foregoing. 2.6. All assumptions relied upon to develop the work plan and estimate and all conditions for its fulfillment as proposed, with specific errphasis on the City responsibilities. 2.7. Any other technical or management approach or process that the Proposer will use to ensure that the project plan can be completed as proposed and in accordance with the time-of-performance constraints provided in the RFP. RFP-17 , (., - 3. Technical Proposal. Include detailed infonmtion addressing each of the following: 3.1. Topology and infrastructure diagrams defIning the technology proposed. 3.2. The architecture of the proposed solution, including detailed justifIcation for the architecture selected and information correlating each component proposed for the following areas of requirements, each of which must be described in detail: 3.2.1. Wireless network infrastructure 3.2.2. Wireless network architecture and desigl 3.2.3. Wireless network installation 3.2.4. Teleconnnunications provisioning and services 3.2.5. Wireless and wired network mmitoring and management 3.2.6. Operations Support Systems (OSS). Customer service and technical support 3.2.7. Software hosting 3.3. Program and project management 3.3.1. Logistical and support plan for deployment of the application. This includes details on items installed on desktops, handheld, remote devices, and servers. 3.3.2. Outline of City resource requirements for supporting the proposed solution. 3.3.3. Map of proposed Wi-Fi node locations, gateway nodes if mesh solution is proposed, and wireless backhaul towers. 3.3.4. Outline of the disaster recO\ery plan for supporting the proposed solution. 3.3.5. Anticipated bandwidth requiremmts. 3.3.6. Server storage and hardware requirements with associated cost. 3.3.7. Network issues such as latency, coverage issues, time-of-day performance, network congestion, packet size, and other perfonmnce factors. 3.3.8. Performance standards for the System proposed, including, but not limited to, the performance standards identified in this-RFP, together with any network or other equipment specifications or characteristics, and any assumptions as to number of concurrent users and their levels of access, on which the performance standards are conditioned. RFP-18 .. '1 f 'tl ., E. Fixed Cost Proposal The Cost Proposal must defme proposed costs to the City. Initial System implementation costs and recurring periodic costs shall be presented separately. Proposers should note that the City is not subj ect to federal, state, or local sales or use taxes or to federal excise tax. The cost proposal my not include any such taxes. F. Reversion to the City of Delray Beach The wireless network and communications system will provide a fundamental service to the users, including residents, and visitors of the City of Delray Beach. In order to ensure the availability of this essential service, the City requires that the successful Proposer develop with the City a licensing and/or ownership structure for all property utilized in the operation and maintenance of the System The agreed structure IlRlst provide the following: I. Upon material, uncorrected and persistent failure of the System to conform to the requirements of the Contract, the City will have immediate access to, and prompt possession of, all hardware, software, and proprietary methods and know-how that are necessary to operate and maintain the System in accordance with Contract requirements. 2. Upon such failure, the City automatically be granted all licenses to intellectual property necessary for the operation and maintenance of the System in accordance with Contract requirements. 3. The rights and interests set forth in 1 and 2 shall operate, to the extent permitted by law, as a priority security interest in any such assets. The City reserves the right to require that the Contract resulting from this RFP allow the City to directly finance hardware and software assets such that a purdlase money security interest attaches to the assets. G. SELECTION PROCESS The purpose of the rating procedures is to equitably judge the responses to the Requests for Proposals. Each response will be scored and evaluated by the Selection Comnittee using the procedures outlined herein. The selection process consists of a single phase of evaluation and scoring. The Selection Committee will review and score each proposal on the basis of the categ>ries listed hereafter. Each category will be scored and when the scores awarded for all categories are totaled, the scores will be tabulated and added to achieve the Total Points awarded to each firm. The Total Points awarded to each Proposer will be ranked 1,2,3,4, etc. with the highest point total ranked 1, the next highest points total ranked 2, etc. The ranking of each Proposer will be tabulated from each Committee Member and combined with other Committee Members to determine the total score for the Proposer. Final rankings will be established and the highest ranked Proposer will be reconmended to City Commission for contract award. RFP-19 .,. .... .. H. SCORING CRITERIA FOR SUBMITTALS Criteria Weight Soundness & Quality of proposed technical proposal Proj ect understanding and soundness of proposed project methodology, including but not limited to the detail and accuracy of the proposed scope and statement of work and implementation plan, including but not limited to customer and technical support and previous implementation of similar system for a municipality of at least one year's duration, and currently in operation. 45 Proposer's financial and technical qualifications The Proposer's financial and technical qualifications to performthe work required by the RFP, as presented in its Proposal and determined by any other investigations conducted or information obtained by the City. 20 References References provided by the Proposer, from a municipality for projects of similar complexity and scope; and derrxmstrated ability to provide technical solutions corrparable to those requested in this RW; 10 Cost Total cost to the City. Initial costs for system implementation and recurring costs for maintenance, support, license and other fees shall be stated separately. 15 Location of Offices Proximity of the Proposer's technical support and equiprrent maintenance staff to the WIFI service area. 10 Total: 100 I. AWARD OF CONTRACT The Selection Committee will make a recommendation to the city Commission for the award of the contract based on the highest ranked respondent as a result of the described scoringprocess. The City will conduct negotiations with the highest ranked Proposer to determine the fee and fmal terms and conditions of the contract. However, if no agreement is reached with the top ranked Proposer, negotiations will be terminated with the top ranked Proposer and the City will move to the second ranked Proposer to attempt to reach agreement. If no agreement can be reached with the secmd ranked Proposer, the City will move to the third ranked Proposer. J. TIME Time is of the essence in all contract documents. The successful Proposer, shall enter into a Contract with the City, and shall complete installation ofWIFI system components and activate the system with service available to the general public in the sernce area within sixty (60) days of contract execution by the City. RFP-20 ... . .,.. .. K. REQUIRED FORMS . COVER LETTER . RESPONDENT CHECKLIST . PROPOSAL CERTIFICATION FORM . PROPOSER DESCRIPTION . RELATED WIFI EXPERIENCE LIST . SYSTEM DESCRIPTION & STATUS (One sheet for each referenced s)Stem) . TECHNICAL SUPPORT SERVICES STAFF (To include Organizational Chart and one sheet for each person) . REFERENCE LIST . FINANCIAL QUALIFICATIONS . ORGANIZATION & MANAGEMENT . SCOPEOFWORKPLAN . TECHNICAL PROPOSAL . FIXED COST PROPOSAL . STATEMENT OF ABILITY TO MEET WARRANTY REQUIREMENTS RFP-21