Agenda Special 06-12-01 CITY OF DELRAY BEACH~ FLORIDA
CITY COMMISSION SPECIAL/WORKSHOP MEETING
TUESDAY~ JUNE 12, 2001 - 6:00 P.M
FIRST FLOOR CONFERENCE ROOM
1993
The City w~ furmsh auxtliary aids and servaces to afford an inchv~dual w~h a chsability an opportunity to participate in and enjoy the
benefits of a sernce, program or activity conducted by the C~ty. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (Ti)D), 24
hours prior to the event m order for the City to accommodate your request. Adaptive listening devices are available for meetings in
the Comrmss~on Chambers.
SPECIAL MEETING AGENDA
5o
LEASE AGREEMENT METRO PCS/POLICE DEPARTMENT TOWER: Consider a lease agreement with
Metro PCS for location of their communications equipment on the Police Department Tower. The term is for 5 years
with four (4) renewal terms of 5 years each.
LEASE AGREEMENT WITH SATURN OF DELRAY BEACH: Consider a request to lease five (5) Saturn L-200's
to support the existing Community Observer Patrol (COP) Volunteer Program. Funding is available in 001-2113-521-
44.40 (Vehicle Lease/Rental).
CNG VEHICLE CONVERSION/MOTORFUELERS, INC.: Consider a request to have Motorfuelers, Inc.,
convert twelve (12) CNG vehicles to propane for a total amount of $36,000.00. Funding is from 501-3312-591-64.21
(Garage/Veh:cle Restoration).
CITY WEBSITE DESIGN/FUSIVE.COM, INC.: Consider a request to approve a proposal from Fusive.Com, Inc.
for the professional services required to begin development of the official City website in the amount of $15, 300.00.
Funding is available in 001-1811-513-31.90 (Other Professional Services).
SPECIAL EVENT REQUEST/3ra ANNUAL GARLIC FESTIVAL: Consider a request for special event approval
for the 34 Annual Garlic Festival to be held November 2 through November 4, 2001, including temporary use permit,
sign code waiver, staff assistance as requested, and consideration of waiver of up to 50% of staff overtime.
LADY LUCILLE CRUISES: Consider a request from Captain Joe Rugare for Lady Lucille Cruises to dock temporarily
at Veteran's Park for lunch & dinner cruises along with Sightseeing & Charters.
WORKSHOP AGENDA
1. Elder Ready Community
2. Presentation regarding Boca Raton Educational Television (BRET)
3. Water Supply and Alternative Treatment Feasibility Study
4. Roadway Widening Alternative - NE 4~h Street - 2~ Avenue to Federal Highway
5. Tennis Facilities Task Team Report: Goals and Action Items
6. Commission Comments
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.
JUNE 12, 2001
A Special Meeting of the City Commission of the City of Delray Beach, Florida was
called to order by Vice Mayor McCarthy m the First Floor Conference Room at City Hall at 6:00
P.M., Tuesday, June 12, 2001.
Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jeff Perlman
Commissioner Jon Levinson
Vice Mayor McCarthy
Absent - Mayor David Schmidt
Also present were -
City Manager David T. Harden and
Assistant City Attomey Brian Shutt
Vice Mayor McCarthy called the meeting to order at 6:00 p.m. and announced that it
had been called for the purpose of consadermg the following items:
LEASE AGREEMENT METRO PCS/POLICE DEPARTMENT TOWER:
Consider a lease agreement vath Metro PCS for location of their commumcanons equipment
on the Police Department Tower. The term is for 5 years with four (4) renewal terms of 5
years each.
Commissioner Levinson made a motion to approve the lease agreement with Metro PCS,
subject to the condition that should the equipment need to be moved on the tower it would
be at Metro PCS's own expense, seconded by Commissioner Archer. Upon roll call the
Comn'nssion voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Vice Mayor McCarthy - Yes. Smd motion passed with a 4 to 0 vote.
LEASE AGREEMENT WITH SATURN OF DELRAy BEACH: Consider a request
to lease five (5) Samm L-200's to support the existing Community Observer Patrol (COP)
Volunteer Program. Funding is available in 001-2113-521-44.40 (Vehicle Lease/Rental).
Commissioner Archer made a motion to approve the lease agreement with Saturn of Delray
Beach for the lease of five (5) Saturn L-200 vehicles, seconded by Commissioner Perlman.
Upon roll call the Cormmssaon voted as follows: Mrs. Archer - Yes; Mr. Levmson - Yes;
Vice Mayor McCarthy - Yes; Mr. Perlman - Yes. Said morton passed with a 4 to 0 vote.
CNG VEHICLE CONVERSION/MOTORFUELERS, INC.: Consider a request to
have Motorfuelers, Inc., convert twelve (12) CNG vehicles to propane for a total amount of
$36,000.00. Funding as from 501-3312-591-64.21 (Garage/Vehicle Restoration).
Commissioner Archer make a motion to approve the request to have Motorfuelers, Inc.
convert twelve (12) CNG vehicles to propane, seconded by Comxmssioner Perlman. Upon
roll call the Comrmssion voted as follows: Mr. Levinson - Yes; Vice Mayor McCarthy - Yes;
Mr. Perlman - Yes; Mrs. Archer - Yes. Said mouon passed with a 4 to 0 vote.
CITY WEBSITE DESIGN/FUSIVE.COM, INC.: Consider a request to approve a
proposal from Fusive. Com, Inc. for the professional services required to begin development
of the official City website in the amount of $15, 300.00. Funding is available in 001-1811-
513-31.90 (Other Professional Services).
Cormmss;oner Perlman make a motion to approve the proposal from Fusive. Com, Inc.,
seconded by Commissioner Archer. Upon roll call the Commission voted as follows: Vice
Mayor McCarthy - Yes; Mr. Perlman - Yes Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
5?
SPECIAL EVENT REQUEST/3ra ANNUAL GARLIC FESTIVAL: Consider a
request for special event approval for the 3'~ Annual Garlic Festival to be held November 2
through November 4, 2001, including temporary use permit, sign code wmver, staff
assistance as requested, and consideration of waiver of up to 50% of staff overtime.
Commissioner Levinson made a motion to approve the 3fa Annual Garlic Festival subject to
holding the fesuval at the previous location, a 50/50 split m staff overume with a possible
site mochfication due to the construction at Old School Square in November, seconded by
Commissioner Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes. Smd mouon passed
with a 4 to 0 vote.
I.aKDY LUCILLE CRUISES: Consider a request from Captain Joe Rugare for Lady Lucille
Cruises to dock temporarily at Veteran's Park for lunch & droner cruises along with
Sightseeing & Charters.
Commissioner Perlman made a motion to approve the Lady Lucille docking at Veteran's
Park for lunch & dinner crmses along with sightseeing and charters during the absence of
the Rambling Rose (June l't _ September 1t) subject to the City Attorney' hcense agreement,
seconded by Commissioner Archer. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levmson - Yes; Vice Mayor McCarthy - Yes; Mr. Perlman - Yes. Said
mouon passed with a 4 to 0 vote.
Vice Mayor Alberta McCarthy declared the Special Meeting adjourned at 6:30 p.m., at which
time the Commission convened to the regularly scheduled Workshop Meeting.
ATTEST:
Acting City Clerk
MAYOR
-2-
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and
the reformation provided hereto is the Minutes of the Special Meeting of the City Commission held
on June .12, 2001, which Minutes were formally approved and adopted by the City Commission on
Acting City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above, tins
means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, adchtions or deleuons to
the Minutes as set forth above.
-3-
[lTV OF DELRI:I¥ BEI:IEH
CiTY ATTORNEY'S OFFICE ~oo mw ,~, ^WN~,~. ~,.,^~ ~^C., ~O,I~^ ~.~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
June 7, 2001
City Commission
Susan A. Ruby, City Attomey
Metro PCS - Police Tower Lease
Writer's D~rect Line: 561/243-7091
The lease with Metro PCS has essentially all the terms and conditions that were contained
in the lease the City Commission approved on June 5, 2001 between the City and AT&T.
The term is for 5 years with four renewal terms of 5 years each. The City will receive
$2,000.00 per month plus tax which shall be increased each year by 3% on a compounded
basis.
By copy to David Harden, City Manager, our office requests that this Lease be put on the
June 12, 2001 special meeting agenda.
Please ca 1 if you have any questions.
Attachment
CC.'
David T. Harden, City Manager
Barbara Garito, Acting City Clerk
Amanda Solomon, Telecommunications Manager
Chief Richard Overman, Delray Beach Police Department
Captain Ross Licata, Delray Beach Police Department
Mike Christiansen, P.A.
METROPCS
CALIFORNIA/FLORIDA, INC.
PCS SITE AGREEMENT
Site Name Delray Police Metro PCS Site I. D. No. FL1PBI02F
Address 300 W. Atlanti~ Avenue, Delray Beach, Florida 33444
1. Site, Use, Premises: Owner, City of Delray Beach, leases to MetroPCS CahformaJFlorida, Inc., a Delaware corporation ("METRO
PCS"), the site described below: [Chock a?trrotmate box(es)]
~[~ Land consisting of approximately 240 square feet upon which METRO PCS will construct its equipment base station
Building interior space consisting of approximately square feet;
[] Budding exterior space for attachment of antennas or tower structure;
[] Budding exterior space for placement of base station equipment;
Tower antenna space between the foot and foot level on the Tower,
Space reqmred for cable runs to connect PCS equipment and antennas,
in the location(s) ("Site") shown on Exhibit A, together with a non-exclusive easement for reasonable access thereto for ingress and egress to
the Site and to the appropriate, in the discretion of METRO PCS, source of elecmc and telephone facihties. The Site will be used by
METRO PCS for the purpose of mstallmg~ removmg~ replacing~ modifying~ maintaining and operating, at its expense, a personal
commumcations service system facdity, induding~ without hrmtation, antenna equipment, cable wu'mg~ back-up power sources (including
generators and fuel storage tanks), related f'uctures and, if apl_l~cable to the Stte, an antenna structure (collectively the "PCSF"). METRO PCS
wdl use the Site in a manner which will not unreasonably disturb the occupancy of Owner's other tenants. METRO PCS will have access to
the Site 24 hours per day, 7 days per week. METRO PCS Is hereby given the right to survey, soil test, radio coverage test, and to conduct any
other investigations it deems necessary to determine if the Site ts suitable for its use as intended by this Agreement.
2. Term, Renewal: The term of this Agreement (the "Initial Term") is 5 years, commencing on the date ("Commencement Date") both
METRO PCS and Owner have executed this Agreement. This Agreement will be automatically renewed for four additional terms (each a
"Renewal Term") of 5 years each, unless METRO PCS provides Owner notice of intention not to renew not less than ninety (90) days prior
to the expiration of the Initial Term or any Renewal Term. Shotdd METRO PCS hold possession of the Site or any portion thereof after the
date upon which the Site is to be surrendered, METRO PCS shall become a tenant on a month-to-month basis upon all the terms, covenants,
and conditions of ttus Agreement except zhose pertaining to the Agreement term. METRO PCS wdl continue occupancy from month-to-
month until terminated by Owner or METRO PCS by the giving of thmy (30) days written notice to the other.
3. Rent, Increases: Until the date that is 60 days after the issuance of a bmlding permit, rent will be a one-tame aggregate payment of
$100.00, the receipt of which Owner acknowledges. Thereafter, rent will be prod m equal monthly installments of $2000.00 plus applicable
sales tax (until increased as set forth herein), partial months to be prorated, in advance. The Rent payable hereunder shall be increased by three
percent (3%) commencing with the f'u'st anniversary of the Commencement Date and thereafter on each and every anniversary of the
Commencement Date during the Initial Term and Each Renewal Term on a compounded basis.
4. Title, Quiet Possession: Owner represents and agrees (a) that it is the Owner of the Site; (b) that it has the right to enter into this
Agreement; (c) that the person signing this Agreement has the authority to sign; (d) that METRO PCS is entided to access to the Site at all
tunes and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as METRO PCS is not in default
beyond the expiration of any cure period; and (e) that Owner shall not have unsupervised access to the Site or to the PCSF.
5. Assignment, Subletting: METRO PCS may assign, sell or transfer its interest under this Agreement without the approval or consent of
Owner, to METRO PCS' principal, af£diates, subsidiaries, subsidiaries of its principal or to any entity which acquires all or substantially all of
METRO PCS' assets in the market de£med by the Federal Commumcations Commission in which the property is located by reason of a
merger, acquisition, or other business reorganization. Upon notification to Owner of such assignment, transfer or sale, METRO PCS w41 be
relieved of all-future performance, liabilities and obligations under this Agreement. METRO PCS may not otherwise assign this Agreement
with Owner's consent.
6. Notices: All notices must be in writing and are effective only when deposked in the U.S. mail, certified and postage prepaid, return receipt
requested; or when sent via overnight delivery. Notices to METRO PCS are to be sent to: Metro PCS California/Florida inc., 8144 Walnut Hill
Lane, Suite 600, Dallas, TX. 75231. Notices to Owner must be sent to the address shown underneath Owner's signature.
7. Metro PCS Improvements: METRO PCS may, at its expense, make such improvements on the Site, as it deems necessary from time to
time for the operation of the PCSF. Owner agrees to cooperate with METRO PCS with respect to obtaining any required zoning approvals
or local, state, or governmental permits required for METRO PCS' use and occupancy of the Site and such improvements. Upon termination
or expiration of this Agreement, METRO PCS may remove its PCSF and improvements and will restore the Site to substantially the
condition existing on the Commencement Date, except for ordinary wear and tear and casualty loss. All METRO PCS PCSF shall remain the
property of METRO PCS and are not fixtures, in connection with METRO PCS's flnancmg arrangements, Owner w~uves any landlords lien on the PCSF;
agrees the PCSF may be removed by METRO PCS w~thout the need for legal proceedings, and agrees the PCSF shall be exempt from distress, execuuon,
levy and/or sale for unpaid rent. Owner agrees to execute reasonable documentation to thas effect upon request of METRO PCS.
8. Compliance: Owner represents that Owner's property (including the Site), and all improvements located thereon, are in substantial
compliance with buildingo life/safety, disability and other laws, codes and regulations of apphcable governmental authorities. METRO PCS
wtll substantially comply with all apphcable laws relating to its possession and use of the Site.
9. Interference: (a) Where there are existing radio frequency user(s) on the Property, Owner will provide METRO PCS with a list of all
e~stmg radio frequency user(s) and their frequencies on the Property in order to allow METRO PCS to evaluate the potential for
interference METRO PCS warrants that ~ts use of the Prermses w, ll not interfere with existing radio frequency user(s) on the Premises so
disclosed by Ortner as long as the existing racho frequency user (s) operate and conttnue to operate wtthm their respective frequencies and tn
accordance with all applicable laws and regulations.
(b) Owner will not grant, after the date of this Agreement, a lease, license or any other right to any thn-d parr/for use of the Property, if such
use may in any way adversely affect or ~nterfere with METRO PCS' commumcauon Faohty. Owner will notify METRO PCS in writing,
prior to granting any third party the right to install and operate communications equipment on the Property, and METRO PCS may object tn
writing within ten (10) business days of the receipt of the Notice from the Owner to the granting of the lease, license or other right to said
tNrd party, if METRO PCS can reasonably demonstrate to the satisfaction of the Owner that sam proposed lease, license or other right to
smd thxrd party shall cause interference with METRO PCS' rights under this Agreement. Notbang cont0aned herein will resmct METRO
PCS nor tts successors and assigns from installing and modifytng its commumcauons equipment.
(c) Owner will not use, nor will Owner permit its employees, tenants, licensees, invltees or agents to use, any portion of the Property in any
way wNch interferes with the operations of METRO PCS or the rights of METRO PCS' under this Agreement. Owner will cause such
interference to cease within twenty-four (24) hours after receipt of notice of interference from METRO PCS. In the event any such
interference does not cease within the aforementioned cure period then the parties acknowledge that METRO PCS will suffer irreparable
injury, and therefore, METRO PCS will have the right, in addition to any other rights that METRO PCS may have at law or in equity, for
Owner's breach of this Agreement, to elect to enjoin such interference or to terminate the Agreement upon notice to Owner.
(d) Owner will confer wkh METRO PCS, tenant(s) and/or licensee(s) to determine proper antenna separation so as to avoid and/or
eliminate any interference with their respective operations.
(e) The installation and maintenance of the Communication Facility will not interfere wkh the Owner's existing emergency equipment,
operations or any of Ver2on's or AT&T's rights within the Property. In the event METRO PCS' installations interfere with Owner's
equipment or operations, ME TRO PCS will immediately cease such interference, after notice thereof until it is able to resolve the problem. If
the interference cannot be resolved, either party will be entitled to terminate this Agreement and render it null and void.
10. Utilities: Owner represents that utilities adequate for METRO PCS's use of the Site are avatlable. METRO PCS will pay for all uttliues
used by it at the Site. Owner will cooperate with METRO PCS in METRO PCS's efforts to obtain utilities from any location provided by
Owner or the servicing utility, including signing any easement or other instrument reasonably required by the utility company.
11. Termination: METRO PCS may terminate this Agreement at any time by notice to Owner without further liability if METRO PCS
does not obtain all permits or other approvals (collectively, "approval") reqmred from any governmental authority or any easements reqmred
from any thud party to operate the PCSF, or If any such approval is canceled, expires or is withdrawn or terminated, or if Owner fails to have
proper ownership of the Site or authority to enter into this Agreement, or if METRO PCS, for any other reason, in its sole chscretion,
determines that it will be unable to use the Site. Upon termination, all prepmd rent w~ll be retained by Owner unless such termination is due to
Owner's fatlure of proper ownership or authority, or such termination is a result of Owner's default and neather party wilt have any further
liability to the other except METRO PCS' responsibility of removing all of the PCSF from the Site and any terms or conchtions of this
Agreement that survive the termination of this Agreement.
12. Default Provisions: (a) The following will be deemed a default by METRO PCS and a breach of this Agreement: (i) non-payment of
Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Owner of such failure to pay; or (ii)
METRO PCS' failure to perform any other term or condition under tNs Agreement within forty-five (45) days after receipt of written notice
from Owner specifying the failure. No such faalure, however, will be deemed to exist if METRO PCS has commenced to cure such default
within such period and provided that such efforts are prosecuted to completion with reasonable diligence, provided however, any interference
with Verizon's operations or AT&T's operations under its lease wtth Owner not cured within ten (10) days of receipt of wntten notice from
Owner of such interference and/or any interference with Owner's emergency communications/operations not cured within one (1) hour of
receipt of notice from Owner of such interference, shall be grounds for termination of this Lease Agreement immechately thereafter. Delay aa
cunng a default wtll be excused if due to causes beyond the reasonable control of METRO PCS. If METRO PCS remains tn default beyond
any apphcable cure period, Owner will have the right to exercise any and all nghts and remedies available to Owner under the law and equity
(b) The following will be deemed a default by Owner and a breach of this Agreement: (i) Owner's failure to perform any term or condition
under this Agreement within forty-five (45) days after receipt of written notice from METRO PCS specifying the failure, or if Owner is in
breach of any warranty or covenant under this Agreement induding the provisions of Paragraph 2 above. No such failure, or breach, however,
will be deemed to exist of Owner has commenced to cure the default within such period and provided such efforts are prosecuted to
completion with reasonable diligence. Delay in curing a default wtll be excused if due to causes beyond the reasonable control of owner. If
owner remains in default beyond any applicable cure penod, METRO PCS will have the right to exercise any and all nghts under this
Agreement and any other rights available to METRO PCS at law or in equity, inchidmg the right to cure Owner's default and to deduct the
costs of such cure from any monies due to Owner from METRO PCS.
13. Indemnities: (a) METRO PCS agrees to indemnify, defend and hold Owner harmless from and against any injury, loss, damage or
liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from
the installation, use, maintenance, repair or removal of the Communication Facility or METRO PCS' breach of any provision of this
Agreement, except to the extent attributable to the negligent or intentional acts or omissions of Owner, its employees, agents or tndependent
contractors.
(b) To the extent allowed by law and subject to the provisions of 768.28FS, Owner agrees to tndemnify, defend and hold METRO PCS
harmless from and against any injury, loss, damage or liabihty (or any claims in respect of the foregoing), costs or expenses (including
reasonable attorneys' fees and court costs) aristng directly from Owner, its employees, agents or independent contractors' breach of any
provision of this Agreement, except to the extent attributable to the negligent or intentional acts or omissions of METRO PCS, its
employees, agents, or tndependent contractors.
(c) The above indemnifications shall survive the termination of this Lease Agreement as to all claims arising from the period that this Lease
was tn effect.
(d) 'i',Iotwith~tanding anything to the contrary in this Agreement, each of METRO PCS and Owner hereby wmves any clan-ns that they may
have against the other w~th respect to consequenual, mctdental or spectal damages.
14. Hazardous Substances: Owner represents that tt has no knowledge of any Environmental Pollutants, as defined herein, on the Site that
~s ~n violauon of any Applicable Environmental Law, as defined herein. In addiuon, Owner warrants and represents that It wdl not use,
generate, store or dispose of any Environmental Pollutants on, under, about or within the Site in violation of any Applicable Environmental
Law. METRO PCS will not introduce, dispose of or use any Environmental Pollutants on the Site in vtolauon of any Applicable
Environmental Law. "Envtronmental Pollutants~ means all hazardous or toxic substances so listed in Applicable Environmental Law,
mduding without limitation, hazardous materials, petroleum, asbestos and nudear waste. "Applicable Environmental Law" means federal,
state, or local laws and regulations pertaining to hazardous, toxic or polluting substances, tnduding but not limited to CERCLA and RCRA.
Each of Owner and METRO PCS agree to tndemnify and hold harmless the other party and its agents, employees, successors and assigns,
from any and all claims, damages, fines, penalties, judgments, costs and liabilities (collecttvely ~Losses") arising out of or related to any breach
or inaccuracy contained in this Paragraph 14, except Losses caused solely by such party's own use, spdl, discharge, release or deposit of
Environmental Pollutants on the Site. Such Losses shall indude reasonable attorney's fees, consultant and laboratory fees and costs;
investigation and assessment expenses; cleanup and remediation expenses; expenses assoctated wtth discharging any liens. The provisions of
this Paragraph 14 shall survive the termination of this Agreement
15. Subordination, Non-Disturbance: This Agreement is subordinate to any mortgage or deed of trust now of record against the Site.
However, prompdy after the Agreement is fully executed, Owner will use diligent efforts to obtain a non-disturbance agreement reasonably
acceptable to METRO PCS from the holder of any such mortgage or deed of trust
16. Taxes: METRO PCS will be responsible for payment of all personal property taxes assessed directly upon and arising solely from its use
of the PCSF on the Stte. METRO PCS will pay to Owner ~my increase in real property taxes attributable solely to any maprovements to the
Site made by METRO PCS within sixty (60) days after receipt of satisfactory documentation indicating the calculation of METRO PCS's
pro-rata share of such real estate taxes and payment of the real estate taxes by Owner. Owner will pay when due all other real estate taxes and
assessments attributable to the property of Owner of which the Site Is a part.
17. Insurance Considerations: METRO PCS w,ll procure and maintain, throughout the term of this Agreement, commercial general
liability insurance, wkh limits of not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage liability,
with a certificate of insurance to be furnished to Owner within thirty 00) days of wntten request. Owner shall maintain, throughout the term
of this Agreement, commercial general liability tnsurance, wtth lu-mts of not less than $1,000,000 combined single limit per occurrence for
bodily injury and property damage liability with a certificate of insurance to be furnished to METRO PCS within 00) days of written request.
In addition, Owner shall maintain, throughout the term of this Agreement, "All Risk" property coverage, including coverage for fire,
extended coverage, vandalism and mahc~ous m~sch~¢f on the Szte in an amount not less than 100% of the full replacement cost of Owner's
~mprovements on the Sxte (excludmg, however, the PCSF and property of other tenants) Each policy reqmred under this Paragraph 17 will
provide that cancellation will not occur without at least thirty 00) days prior written notice to the other party. Each part7 hereby waives its
right of recovery against the other for any loss or damage covered by any insurance policies maintained by the waiving party, unless such loss
or damage was caused solely by the negligence or willful misconduct of such party. Each party will cause each insurance policy obtained by it
to provide that the insurance company waives all rights of recovery against the other party m connection with any damage covered by such
policy, or agrees that such a release shall not invalidate the insurance, whichever is obtainable.
18. Maintenance: METRO PCS will be responsible for repairing and maintaining the PCSF and any other improvements, including any
antenna or tower structure, installed by METRO PCS at the Site m a proper operating and reasonably safe condition; provided, however if
any such repair or maintenance is reqmred due to the acts of Owner, its agents or employees, Owner shall reimburse METRO PCS for the
reasonable costs incurred by METRO PCS to restore the damaged areas to the condition which existed immediately prior thereto. Owner
will maintain and repair all other portions of the property of which the Site is a part in a proper operating and reasonably sate condition.
METRO PCS, shall be responsible for compliance with all tower marking and lighting requirements which may be required by the FAA or
the FCC.
19. Condemnation or Casualty of Site. In the event that any government, public body, or other condemning authority shall take, or if
Owner shall transfer in lieu of such taking, or if all or such part of the Site is damaged or destroyed making it physically or £mandally infeasible
for the Site to be used in the manner intended by this Agreement, METRO PCS shall have the right to terminate this Agreement effective as
of the date of the taking by the condemning parry' or the date of such damage or destruction and the rental shall be prorated appropriately.
METRO PCS is entitled to pursue a separate condemnation award for the PCSF from the condemning authority, to the extent perrmtted by
law, provided that no award to METRO PCS will diminish any award to Owner.
20. Miscellaneous Matters: (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the
parttes to this Agreement; (b) this Agreement is governed by the laws of the state in which the Ske ts located; (c) If requested by METRO
PCS, Owner agrees promptly to execute and deliver to METRO PCS a recordable Memorandum of this Agreement in the form of Exhibk B;
(d) this Agreement (including the Exhihits) constitutes the entire agreement between the parties and supersedes all prior written and verbal
agreements, representations, promises or understandings between the parties Any amendments to this Agreement must be in writing and
executed by both parties; (e) tf any provision of this Agreement ts invalid or unenforceable with respect to any party, the remainder of this
Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected
and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; (f) intentionally deleted; (g) when
under this Agreement the consent or approval of e~ther party is required or a determination must be made by either party, no such consent or
approval shall be unreasonably wkhheld, conditioned, or delayed, and all such determmataons shall be made on a reasonable basis and in a
reasonable manner; and (h) this Agreement may be prepared for execution by duplicate originals, each of which constitute one in the same
instrument.
21. Non-Binding Until Fully Executed: This Agreement ts for discussion purposes only and does not constitute a formal offer by either
par~. This Agreement is not and shall not be binding on etther party unttl and unless it is fully executed by both parties.
Sent By: MASTR[ANA CHR[ST[ANSEN; 566 1592; Jun-Il-01 11:57AM; Page 2/2
22. Compliance with Governmental Laws: Owner represents, wan~ams ~nd aFees that rhrou~ouc the term of this Lease Agreemem, as
may be extended, the Owner's Property including without lmaita~ion, the Leased Property and all improvements thereon other than
maprovements owned by METRO PCS or its sublessees md/or licensees, shall be in compliance with all laws, codes, and regulations of all
federal, state and local governmental or quasi-governmental authorities (collectively, "Governmental Laws"). Subject to Owner's compliance
with the terms of tbas Paragraph. METRO PCS agrees that any improvements constructed on Lease Property by METRO PCS md/or its
sublessees and/or hcensees and the operation of the commumcattons facilities of METRO PCS and/or its sublessees and/or licensees on the
Leased Property sh',t[l be in compliance with all Governmental Laws.
23. Yefizon Lease: Notwithstanding the foregoing0 even if other~ase expressly stated elsewhere in this Lease Agreement, METRO PCS
recognizes that C~ner has entered into that certain Lease dated November 2, 2000 with Verizon Wu'eless (~Verizon Lease') and
acknowledges that all of METRO PCS' rights are subject to the rights of Owner and Verizon under the current terms of the Verizon Lease.
24. AT&T Lease: Notwithstanding the foregoing0 even if otherwise expressly stated elsewhere in this Lease Agreement, METRO PCS
rceo~aizes that Owner has entered into that certain Lease dated with ATR'F Wireless Services ("ATe~17 Lease~) and
acknowledges that all of METRO PCS' rights are subject to the rights of Owner and AT&~I' under the current terms of the AT~I' Lease.
25. Relocation: Owner hereby reserves the right to change the location of METRO PCS" equipment on the Tower, at Lessor's sole cost
and expense, from tame to time, to accommodate Owner's equipment for public safety reasons only, upon ninety (90) duys prior written notice
to METRO PCS (~Relocation Notice"). Upon receipt of such nmice METRO PCS shall relocate ks equipment to other space on the
Tower designated by Owner, or remove ks equipment, as the case may be. Within sm-t'y (60) days of receipt of the Relocation Notice,
provided, however, that if, in Owner's reasonable discretion, METRO PCS has diligently pursued efforts to change the location of ks
equipment, but has been unable to complete such chmage of location within the sixty (60) day period, METRO PCS will have an additional
thirty 00) days (from the expiration of the ~ (60) day period) to complete such change.
The following Exhibits are attached to and marie a purr of this Agreement: Exhibits A and B.
OWNER: Cx[y of Delray Beach
By:
Tax No.:
Address'
Date:
Metrol~CS California/Florida, lac., a Delaware corporation
By.
Date.
Attach Exhibit A - Site Description and Exhibit B - Memorandum of PCS Site Agreement
EXHIBIT A To MetroPCS California/Florida, Inc.
PCS Site Agreement
Site Name Delray Police
Site I. D.FL 1PB 102F
Site/Legal Description
Site s~tuated ~n the C~ty of Delray Beach, County of Palm Beach, State of Florida commonly described as follows:
Legal Description:
LOTS 1 THRU 49, INCLUSIVE, BLOCK 37, RE-SUBDIVISION OF BLOCKS 29 &: 37,
DELRAY BF_.ACH, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9
AT PAGE 66 OF THE PUBUC RECORDS OF' PALM BEACH COUNTY. FLORIDA, "LESS
THE RIGHT-OF-WAY FOR STATE ROAD 806 (WEST ATLANTIC AVENUE) AS SHOWN
IN ROAD PLAT BOOK 3 AT PAGE 30 OF THE PUBMC RECORDS OF PALM BEACH
COUNTY. FLORIDA.
Sketch of Site:
Owner Imtxals
METRO PCS Imt~als
Note: Owner and METRO PCS may, at METRO PCS's option, replace th~s Exhibit w~th an exhibit setting forth the legal
description of the property on which the S~te ~s located and/or an as-bmlt drawing depicting the Site.
Thi's .mstru'~ent prepared by:
Michael Chnstiansen
Mastnana & Chrisnansen
1500 North Federal Highway, Suite 200
Fort Lauderdale, Florida 33304
Return this instrument to:
Michael Christiansen
Mastriana & Chnstiansen
1500 North Federal Highway, State 200
Fort Lauderdale, Florida 33304
Do not write above this line - this space reserved for recording purposes
Site Name Delray Police
EXHIBIT B to Metro PCS
PCS Site Agreement
Site I. D. FL 1PB 102F
Memorandum of PCS Site Agreement
This memorandum evidences that a lease was made and entered into by written PCS Site Agreement dated
,2001, between City of Delray Beach ("Owner") and MetroPCS Cahforma/Flortda, Inc., a corporation
("METRO PCS").
Such Agreement provides in part that Owner leases to METRO PCS a certain site ("Site") located at 300 W. Atlantic
Avenue, City of Delray Beach, County of Palm Beach, State of Florida, within the property of Owner which is described in Exhibit
A attached hereto, with grant of easement for unrestricted rights of access thereto and to elect-nc and telephone facihties for a
term of five (5) years commencing on ,2001, which term is subject to four (4) additional five (5) year
extension periods by METRO PCS.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written.
By:
Name:
Title:
Address:
Witnesses as to Owner:
Printed Name:
Printed Name:
"OWNER"
City of Delray Beach
"METRO PCS"
MetroPCS California/Florida, Inc., a Delaware
corporation
By:
Name:
Title:
Address:
Witnesses as to METRO PCS:
Printed Name:
Primed Name:
OWNER NOTARY BLOCK:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
2001, by ,
,a
(AFFIX NOTARIAL SEAL)
day of
as of
corporation.
(OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC--STATE OF
My commission expires:
(PRINTED, TYPED OR STAMPED NAME OF NOTARY)
COMMISSION NUMBER:
METRO PCS NOTARY BLOCK:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
2001, by ,
of MetroPCS California/Florida, Inc., a Delaware corporataon,
who executed the foregoing instrument on behalf of such corporation.
(AFFIX NOTARIAL SEAL)
(OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC--STATE OF
My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY)
W-9 Request for Taxpayer G,vetbrmtoth¢
requester Do NOT
Depa.mentofthe Creasury Identification Number and Certification send to the IRS.
Internal Revenue Servme
Name 0 f joint names, hst first and mrcle the name of the person or enmy whose number you enter m Part 1 below )
Business Name
Please check approprtate box [ I Indlvtdual/Sole proprietor IX ]Corporation I ] Parmershlp I ]Other
Address (number, street and apt or state no ) Requester's name and address (opttonal)
City, state and ZIP code L~st account number(s) here (optional)
Part I Taxpayer Ident~ficatxon Number (TIN)
Enter your TIN ~n the appropriate box For lnd~mduals, thts ts youl Social Security Number Part II For Payees Exempt
soctal security number (SSN) For other entrees, ~t ts your
employer tdenuficatmn number (E1N) If you do not have a [ from Backup Withholding
number, see How to Get a TIN below.
]
OR
Employer Identification Number
1
Part III Certification
Under penalties of perjury, I cern fy that:
* The number shown on thts form ts my correct taxpayer ~denttficaaon number (or I am wmttng for a number to be tssued to me), and
- I am not subject to backup w~thholdmg because (a) [ am exempt from backup w~thhold~ng, or (b) [ have not been nottfied by the Internal Revenue
Servme that I am subject to backup w~thhotdmg as a result of a failure to report all interest or d~vMends, or (c) the IRS has not~fied me that I am no
longer subject to backup wtthholdmg
Certification Instructions. You must cross out ~tem 2 above ffyou have been notffied by the IRS that you are currently subject to backup wtthholdmg
because of underrepomng ~nterest or dwMends on your tax return. For real estate transactions, ttem 2 does not apply For mortgage interest prod, the
acqmsmon or abandonment of secured property, cancellation of debt, contributions to an individual renrement arrangement (IRA) and generally payments
other than interest and d~vMends, you are not reqmred to stgn the Cemficat~on, but you must prowde your correct TIN
Sign
Here Stgnature Date
Form W-9 (Rev. 3-94)
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM,~.o~ - SPECIAL MEETING OF JUNE 12, 2001
LEASE AGREEMENT WITH SATURN OF DELRAY
DATE: JUNE 8, 2001
This is before the City Commission to consider a request to lease five (5) Saturn L-200's to support
the existing Community Observer Patrol (COP) Volunteer Program. The vehicles will also provide
additional assistance to the Police Department.
The lease period will be thirty-nine months at a cost of $270.00 per month per vehide.
Funding is available from 001-2113-521-34.00 (Vehide Lease/Rental).
Recommend approval of a lease agreement with Saturn of Delray for the lease of five (5) vehicles for
thirty-nine months.
Ref:Agmemol 1.LeaseAgreement SatumofDelray.06.12.01
DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
TO:
FROM:
Jackie Rooney ~
Purchasing Sup~rvffpr
David Junghans[~
Administrative Serv!~es
Director
DATE: May 17, 2001
SUBJECT: AGENDA REQUEST
The enclosed Agenda Request is for five-(5) lease Satum's that will be used in
support of the Departments Community Observer Patrol (COP). The lease
period is for thirty-nine months at $270.00 per month. The requisition number for
the vehicles is, #88951.
Should you have any questions, please call me at extension 7852.
LDJ
PI620~02 City Of Delray Beach Florida
Requisition number: 0000088951 Buyer Processing
Type information, press Enter.
Type (F4) ....... 1 PURCHASE REQUISITION
Reason ........
By .......... JUNGHANS JR
Date ......... 051701
Vendor number ..... 661
Name (F4) ...... SATURN RETAIL OF SOUTH FLORIDA
Search type .... B=Begins with, C=Contains
Contract nbr (F4)
Ship to (F4) .....
Deliver by date ....
Fiscal year code
Type options, press Enter~
1=Select for P.O. 2=Change 4=Delete 8=Extended description
Opt Line# Quantity UOM Description
1 52650.00 JOB LEASE VEHICLE FOR THE COP PROGRAM
5/18/Ol
09:50:58
~EASE VEHICLE FOR THE COMMUNITY OBSERVER PATROL
PD POLICE DEPARTMENT
051701
C C=Current year, P=Previous year, F=Future year
9=Quotes
F3=Exit
F8=Req quotes
COMMENTS EXIST
F4=Prompt F6=Add item
F9=Generate P.O. F12=Cancel
Total: 52650.00
F7=Alternate view
F24=More keys
o o
>~ 0
Z
00 00
r.D H~:rl
0 0
0 0
0
o
0
o
c~
~.D
o o
o o
Z
0
0
I.-I
Z
0
Z~
Oc~
O~
oo
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0
H
H
06/05/01 12:15 FAX 561
7816
DELRAY BEACH POLICE DEPT
To: Ofl~ccr Bromaql
City of De..iray Buac:h Police Dcparirnenl
.',i,.~urE~, Of }Jclmy
D~.h"ay P,c~ch I I _'434R_m.
~ 001
Dear Sir.
Sub}e~= ~ oCmodM }.,~r, ~)02 i-200
-[his 'urol~}sa{ is for a 200:2 Saturn I.-2O0. Sumda~d equipment is a.s Follows: Power
Steer lng/llvdkesFC/indows/l.ocks/Mira~rs_ Am/Fro CD, with 6-way manually adjustable
dnvc'~ seat is als0 included. We have incorpnrated tl~ Saturn Car Cam for the term
Ihe lease, which takes cam ur all recommended mainte~mucc for thc term of thc lea_se.
'[llkiI,g into consideration you are tax exempt, your payment will be .$270.00 l~r monde.
*Thi~ price may 1~ sub_ieet m change at time of delivery, due to leasing rates. **
price quolc i; ~ car.
*The prices 'above are ligured on curren! lea~e rates, which may be subject to change al
the thn¢ of delivery.
** 'll~is Lease is for 39 months with 15..1100 miles per year. This price doesn't include
tags or insurance.
If you have any questions please contact, Chris Cooper. ~_'} 276-0400 or 1 -g¢10-741-0220.
YOL~ can also E-mail us at, sail 1 I 15~'j, CONCENTRiC. NET
Thal'~ you Ibr considcring this proposal_
Chris Coopcr
Saturn of l)clmy
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
2001
Date: May 17, 2001,
__X Consent Agenda
Special Agenda
Workshop Agenda
Description of agenda item:.
Lease vehicles for the Community Observer Patrol (COP). The lease of five (5) Saturn L-200's
for use by multiple communities within the City of Delray Beach in conjunction with the COP
Volunteer Program. The vehicles will be used in support of existing COP vehicles to provide
additional assistance to the Delray Beach Police Department. The lease period will be for thirty-
nine months, and will begin on/or about June 1, 2001. The cost will be $270.00 per month X five
vehicles X thirty-nine months, total of $52,650.00. The cost will be spread over a three year
period, the cost of the remainder of this F~. wiUbe $5400.00. ~$'---~.-e -t~ ~ ~<~-~ ;.% ~ ~
ORDINANCE/RESOLUTION REQUIRED: YES NO X ..~ 0.~-/~~ I
Draft of resolution Attached: YES NO X
Recommendation: Approve
Department Head Signature:
Determination of Consiatency ~'th ~e~lan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all itmns involving expenditure of funds):
Funding available:
Funding alternatives:
Account Number:
Account Description:
Account Balance:
Yes X No
Vehicle L~Rental
City Manager Review:
Approved for agenda: Yes //~f//
Hold Until: ~//~
No
Agenda Coordinator Review:.
Received:
Action: Approved
Disapproved
P.O.#
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Danvers Beatty, p.E. _'.,f'~.~/~'--~'-~
Deputy Director of Puhlie~ti~
June 7, 2001
CNG Vehicle Conversions
www. deiraFesd, corn
Attached is an agenda request along with supporting documentation for the conversion of our
remaining twelve (12) CNG vehicles to propane. As you may recall, last summer we were only
able to convert three (3) of our CNG vehicles due to regulatory constraints on the 1998 model year
vehicles (see July 18, 2000 memo).
We were recently informed that the regulatory constraints on the 1998 model vehicles have been
lifted. Motorfuelers, Inc., the Florida distributor for the conversion kit (see September 19, 2000
memo), has provided a quote to convert the remaining twelve (12) CNG vehicles in our Fleet to
propane.
The total cost for conversion of six (6) Econoline vans and six (6) Ford pick-up trucks is
$36,000.00. This is a sole source contract as Motorfuelers, Inc. is the only vendor in Florida that
provides this service. Funding is available from Account # 501-3312-591-64.21, Vehicle
Restoration.
If acceptable, please place this item on the June 12, 2001 Special Meeting for consideration by
City Commission.
CDB/pd
Attachments
CC:
Richard C. Hasko, P.E., Director of Environmental Services
Bob Barcinski, Assistant City Manager
Bill Darty, Fleet Superintendent
%ESSRV002~Davis\wwdataWIemo\Clty ManageflCNG Vehicle Conversions doc
Motorfue~ecs, Inc..
13790 B 49th St. No.
Clearwater, FL 337o"2
Phone: 727-572-9762
F~C 727-572-9742
Fi Urcjeat FI For ~ev~ew E] PleaSe Comment?- [] Please Reply [] Please Recycle
Best regards~
MOTORFUELERS, INC.
137ffi~.B 49TH s'r. NO.
CLEARWATER, FLORIDA 33762
CONSULTANTS - EQUIPMENT
Fueling Stations o Storage · Dispensers
LATEST ENGINE CONVERSIONS
Installation, Sales * Service
PHONE (727
(72771 572-9762
JAMES B. I~W FAX 572-9712
EXECUTIVE VICE PRESIDENT e. mail j'law@motorfuele~s.com
The following vehicles need to be converted to LPG as soon as possible. All
pick-ups need to have the tank in the bed and the vans underneath. The PO
for each vehicle is the V#. Let me know when you can pick-up the first 2
vehicles.
1998 Ford van-
1998 Ford pick-up-
1998 Ford pick-up-
I 998 Ford van-
1998 Ford pick-up-
1998 Ford van-
1998 Ford van-
1998 Ford pick-up-
1998 Ford pick-up-
I 997 Ford pick-up-
1997 Ford van-
1998 Ford van-
1FTVE24M6WHB90946-V#200
1FTPF27M0WKC 14677-V#376
1FTPF27M2WKC 14678-V#377
1FTVE24M4WHB90945-V~423
1FTPF27M4WKC 14679- V#611
1FTVE24M8WHB90947-V#620
1FTVE24MXWHB90948-V#622
1FTPF27M7WKC 14675- V#674
1FTPF27M9WKC 14676- V#675
1FTFF27M6VKD69390- V#745
1FTGE24M8VHB 82662- V# 1726
1FTVE24M2WHB90944- V#1809
(
TO:
FROM:
SUBJECT:
DATE:
I~T~ROFFICE MEMORANDUM
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director
CNG VEHICLE CONVERSIONS
July, I8, 2000
As you are aware, we have been pursuing approval to convert the CNG vehicles assigned
to Environmental Services to propane fuel systems due to the poor performance and
unreliable fueling facilities available for CNG. Authorization was needed from the Clean
Cities Coalition since the CNG vehicles in question were purchased with grant money
provided through that organization. Our initial inquiries were made to Administrative
Services and Fleet in late December, 1999. A negative response was received from the
Coalition via a letter from Mr. Larry Merritt dated March 31, 2000. We subsequently
contacted Mr. Merritt directly, reiterating the reasons for our request and posted a second
letter to him dated April 27, 2000. We received approval in the form of a second letter
from Mr. Merritt dated June 1.
Subsequent to our receipt of Mr. Merfitt's approval letter, we took steps to implement the
conversions. Of the five (5) vehieWg we intended to convert to propane, two were
manufactured in I997 and three in 1998. We have been informed by our vendor that,
effective May 16, 2000, the 1998 vehicles can no longer be converted due to new EPA
regulations. This has been confirmed through the manufacturer of the conversion kits. It
seems that the kits for the 1998 model year were not emissions tested for approval by
EPA. The fact that the identical engine and conversion kit for prior years remains legal
notwithstanding, we are no longer able to convert the three 1998 model vehicles.
In an effort to reduce the impact of the CNG vehicles on our daily operations and
maintenance activities, we are requesting permission to convert the two 1997 model CNG
vehicles to propane. The cost of the conversions is approximately $3,000.00 per vehicle.
Lacking other viable alternatives and as vehicle replacements allow, the remaining three
1998 model CNG vehicles will be reassigned for use in departmental activities that are
less reliant on dependable transportation.
Should you require additional information in this regard, please contact me at ext.7336.
/rch
C:
Robert A. Barcinski, Asst City Manager
C. Danvers Beatty,P.E., Deputy Director of Public Utilities
¢ ¢
I I
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden
City Manager
FROM: C. Danvers Beatty, ~
Deputy Director of
DATE:
September 19, 2000
SUBJECT: CNG Conversion to Propane
Attached is information from the Department of Energy's Web-Site regarding Alternative Fuels
and Vehicle Conversions. Based on this information there is only one manufacturer of Propane
Conversion Kits (Technocarb Equipment LTD) and only one distributor in Florida for the kit
(Motorfuelers, Inc.) I have also che~several other alternative fuel sites and confirmed this
information. Please let me know if you need any additional information regarding this matter.
cc: Richard C. Hasko, P.E., Director of Environmental Services
U h~wdatalMemolCNG Converston to Propane-091900. doc
Technocarb
We ~b~ee~ Per/~ma~e
Memorandum lA and Revisions
In 1974 the EPA issued Mob, to Source Enforcement Memorandum lA, commonly called
Memo lA, This memo outlined procedures under which alternative fuel conversions could be
pedormed while sbll complying with the Clean Air Act. The key point of Memo lA was that
conversions could be performed providing that there was a reasonable basis to believe that
the emissions were not degraded by the conversion. Under Memo lA, that basis was
emission testing under a Federal or State program. Generally, California and Colorado
programs were used.
In the mid 1990's it became apparent that some c(:nverl, ecl LPG and CNG vehicles had
emissions that were much worse than that of the base gasoline vehicle. In response, EPA
developed the Addednum to Memoran"Jum lA which was issued on September 4, 1997. This
new document greatly ~ncreased the testing requirements for allerna~.lve fuel conversions and
was geared towards dr~ving the industry towards full certification of each aftermarket system
on each vehicle platform. Industry cc)ncerns with the testing process and the t~meline resulted
in EPA ~ssuing a revision on June 1, 1998 to the Addendum to Memorandum lA. This revision
clarified certain pcints and extended the timeline for performing conversions without full
certification to June 30, 2000, wh,le restricting conversions to 1999 and earlier vehicles.
The industry has slowly worked under the revised guidelines to provide a limited series of
alternative fuel systems for specific vehicles. Concerns by industry and state administrations
over t,~e effect of full certification cost on the small alternative fuels market has lead to a final
extension of the revision to the Addednum to Memorandum 1A. This tina~ revision was Issued
on May 16, 2000 ~n a letter from EPA to the Speaker of the House of the Arizona House of
Representatives. This letter provided a mechanism for converting model year 2000 and 2(]01
ve,'~icles to LPG and CNG and extended the deadline for conversions done without full
certification to December 31, 2001 from June 30, 2000
';'he latest revision has some definite key points.
alternatwe fuel manufacturers (those that make the system) must state in writing to EPA
by June 3C, 2000 that they intend to comply with Memorandum lA and subsequent
revisions and that they will work towards full certification for model year 2002 vehicles.
Technocarb made that commitment to the EPA ~n writing on May 17, 2000.
model year 2000 and 2001 vehicles could be converted providing that the manufacturer
has completed emission testing under Option 3 of Memorandum IA (or Option 1 or
Opt,on 2~
· the deadline for converting vehicles w~th Option 3 compliant systems {s December 31,
2001.
· when the manufacturer exceeds sales of 200 systems, they will submit a plan to EPA for
the cedifcation of model yeac 2000 vehicles.
· when the total number of systems sold for a particular 2000 model year vehicte exceed~
bLl. p://www.t~;~.~~[gJhfp~st conduct full certification of the system for the model year
~/30/00
· installers and manufacturers will keep records for five years cf all vehicles in which
Option 3 systems are installed.
manufacturers that do not commit in writing to the conditions outlined in the letter will not
be allowed to sell conversions after June 30, 2(300
The Documents
Technocarb believes I~at ready access to information ~s a key part of providing clean
alternative fuel systems Therefore, hsted below are the EPA Memo lA documents and
Technoc,arb's letter of committment to EPA.
S~ptember 4, '! 997 Addendum tc Memorandum lA (memol a97 pdf_, 14k)
June 1, 1998
Revision to Addendum to Memorandum ~, A ( .me_.m_ol__a_9__8_,p__d..f,
23k)
May16,2000
Extension to Rev,sion to Addendum to Memorandum lA (F=_/~. A 5
1._6 0._0...pdf, 718k)
May~7,2000
Technocarb's letter of commitment to EPA (E_.PAl~_tte,_r. jp_g, 215k)
What is Option 3?
Option 3 is a test procedure outlined by EPA ~n the Addednum to Memorandum IA whereby
an alternative fuel conversion system for a specific engine family can be proved not degrade
vehicle emiss,ons. The "reasonable basis" test is a Federal emission test procedure FTP 75
that is conducted on a sing!e convertea vehicle on the alternaQve fuel and on gasoline (if bi-
fuel operation is retained). Once this single vehicle passes the emission standards for that
model vehicle, then the system can be sold and installed on other vehicles with the same
engine family without further testing This allows aftermarket manufacturers such as
Technocarb to conduct the testing on a single vehicle and then sell that system to installers.
The installers do not have to do any further testing, but must keep records of the vehicles into
which the system was installed. Option 3 testing is significantly faster and less expensive than
futl EPA certification tesl:ing, a key point in keeping the cost of alternative fuel conversions
under control
Technocarb has committed to Option 3 testing for model year 2000 Ford 4.6L, 5 4L, Crown
Victoria, and GM 5.3L & 6.0L vehicles.
What About 1997 and Older Vehicles?
The May 16, 2000 extension does not restrict the ability to convert 1997 and older vehicles to
LPG or CNG. Paragraph C. 1 of the June 1, 1998 revision to the Addendum to Memorandum
lA states that these vehicles can be converted provided that, ItM 240 emission testing is
conducted o~ each converted vehicfe using the method described in 40 CFR Par~ 51 Subpart
hup:/w*,~vwl.~l-~lh~c~t{'t~i~§ [~tlt.~Pd can be used indefinitely
5/30/00
JUN--IB?--e I
P. e4
Pase t 1 of 1'/
· 2000 GM 6.0L engine, b~-fuel LPG/gasoline and CNG/gasoline
Testing on Ihe first two platforms has already been compJeted on LPG w~th most
other veh;cles currently accumulating mileage prior to testing
Technocarb has been very pleased with tl~e support and information that the EPA
has provided during the development of the grogram tg_~. n~_tio_.0_~.. We
support EPA's belief !hat the program, as now structured, enables manufacturers
of altemebve fuel conversion equipment the means to ensure that clean emissions
are maintained throughout the hfe of the vehicle by the pleasing in of full
cerbfication requirements Tecnnocarb is committed to only offering fuel systems
that are fully compliant with all federal and state regulations
EPA EXTENDS OPTION 3
May 16, 2000 - Today EPA announced in a letter to Mr. Jeff Groscost, Speaker of
the House in the Arizona House of Representaf. ives, that Option 3 compliance
testing has been extended ~or model year 2000 and 2001 vehicles. The letter
also outlines the means by which manufacturers of aftermarket LPG and CNG
conversion equipment can continue to perform conversions after the deadline of
June 30, 2000
Technocarb has worked closely with the NPGA and EPA during the development
of the extension program. Through our ongoing commitment to cleaner emissions
~'or alternative fuels vehicles, Technocarb has developed a deep understanding of
EPA's concerns and requirements. To help the industry understand and comply
with EPA's regulations under Memorandum lA and ammendments, Technocerb is_
hosting _a __we_b_pa. ge_ dedicated to exp. la.__ining the o_n_go,ng _ch___a_nges and the'r~~
o__~ th._e in.d. us.tr.y
TECHNOCARB COMPLETES EPA COMPLIANCE TESTINO ON HEAVY DUTY
1999 GM 7.4L ENGINE FOR MONO-FUEL LPG
February 23,2000 - Technocarb Equipment Ltd today announced that it has
completed EPA Compliance testing on the 1999 GM 7.4 liter engine for mono-fuel
LPG heavy cluty applications using its proprietary electronic ~eedback conversion
system.
Technocarb is offenng EPA Compliance on.
1999 GM 7 4 I~ter engine, mono-fuel LPG for heavy 0uty vehicles (GVWR
>14,000 lb)
Engine dynamometer testing was conducted at B.C. Research tn Vancouver,
Canada ~n accordance with EPA regulations as defined in Opt;on 3 of the
http hwww tech:~u'carb.cotzVr, cws btm
9/2 t 100
No.
Request to be placed on:
__Regular Agenda
X .Special Agenda
Workshop Agenda
AGENDA REQUEST
Agenda Item ~f~
Date: June 7, 2001
When: June 12, 2001
Description of item (who, what, where, how much): Staff requests Commission award a contract to
Motofuelers, Inc. in the amount of $36,000.00 for the conversion of six (6) vans and six (6) pick-up trucks
from CNG fuel to propane fuel. Funding for this contract is available from Account # 501-3312-591-64.21,
Vehicle Restoration.
ORDINANCE/RESOLUTION REQUIRED: YES ./NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the contract to Motofuelers, Inc.
Department head signature: ~,~_,.~~.~C~ {:,-7'°]
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review/(.req~red on all items involving expenditure of funds):
Funding availabl~:,YESJNO
~ Funding alternat~ve'""~'~ ~- (~fapplicab|e)
/{~3-d.~ Account No. & De~ription ~)[-~_--Dall. (oq- Z4 ~0.Jr3',(_.lo r~0cz-~C6~OG
~.-~0~ Account Balance -~>.'a)')f: (4qq.
City Manager Review: ~/N ~)L~
Approved for agenda: O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\kESSRV002XDaws\wwdataWorms~Agenda RcquestsXAgendaReq - CNG Vehtcle Conversmn doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~p4SPECIAL MEETING JUNE 12, 2001
CITY WEBSITE DESIGN/FUSIVE.COM, INC.
DATE: JUNE 8, 2001
This is before the City Commission to approve a proposal from Fusive.Com, Inc. for professional
services required to begin development of our official City website.
The attached proposal for $15,300.00 is for Phase I of the development process comprised of the
Discovery and Blueprint Design Stage.
In addition, this finn will use their extensive expertise to evaluate our draft "MIS Enterprise
Technology" documents that include, MIS Strategic Plan, MIS Tactical Plan, and MIS Business
Continuity Plan.
After a budget transfer from the City Manager Contingency account, funding will be available in 001-
1811-513-31.90 (MIS-Other Professional Services).
Recommend approval of the proposal from Fusive. Com, Inc. in the amount of $15,300.00.
Agmemo. 14. Fusive C om, Inc. 06 - 12 - 01
MEMORANDUM
To~
From:
Date:
David T. Harden, City Manager
Joseph M. Sa~e Director
June 8, 2001
Subject:
Commission Approval of Official Website Development Firm
Attached for City Commission approval is a proposal from Fuslve. Com Inc. for the professional
services required to begin development of our official City website. Also included are two other
quotes from Avenue Creative Group and Pro Solutions.
MIS received quotes from these three firms for the development of our official City website.
Staff is recommending that we utilize Fusive. Com Inc. for this project This firm is local (home
office in Deerfield Beach), has extensive information technology professional resources, and has
proven professional experience in the field of website development This firm impressed us with
their understanding of the up-front planning needed to properly implement a professional website
(especially one that includes e-commerce) and the fact that they developed the website for the
State of Florida. They understand the importance of having the proper internal MIS
infrastructure, competent professionals, and departmental expertise to properly support the
website once it is designed and activated.
The attached proposal for $15,300 is for Phase I of the development process comprised of the
Discovery and Blueprint Design Stage. In this stage, Fusive will evaluate our present
"temporary" City website and the individual departmental websites that connect to the main
website. They will meet with the departments to determine the future potential ultimate website
for each department and their interaction with customers. The end product wtll be a "wire
frame" webslte design that will not include graphics. Phase II would be the completed design to
include graphics. Phase III would be the actual implementation and activation of the website.
In addition, this firm will use their extensive expertise to evaluate our draft "MIS Enterprise
Technology" document that includes the following planning documents:
· MIS Strategic Plan
· MIS Tactical Plan
· MIS Business Continuity Plan
This is an important assignment for this firm since these planning documents will formulate our
long-range development of the internal infrastructure of MIS to support the comprehensive
website and its interaction with our citizens and customers. These documents evaluate our
~ntemal organizational capabilities, facilities, hardware, software, and project performance
We would appreciate Commission approval of this initial proposal to begin development of our
Official City Website.
Please contact this office if there are any questions on this proposal
Cc;
Department Heads
Richard Zuccaro, MIS Manager
MIS Strategic Plan Committee
Version 1.5
BEUh11' BE~CH
City of Delray Beach
Web Site Redesign and Unification,
Content Management, and
High-Level QA/Review of City's IT Plan
Statement of Work
Discovery Phase
The following section contains signatures that indicate the document has been reviewed and approved on
the date(s) shown.
Signatures:
City of Delray Beach
Date:
Vice President, Fusive
Date:
Project Manager, Fusive Date:
Revision History
Date Version Description Author
5/23/2001 1.0 Creation of Document Margie Schneider
5/30/2001 2.5 Revised Deliverables &Pncing Bobby Mitchell
Table of Contents
Overview ........................................................................... 6
Purpose ............................................................................ 6
Scope ................................................................................ 6
Description of Work ......................................................... 7
4.1 Web Site Redesi.qn and Unification ................................................................. 7
4. t. l Requirements Document ........................................................................................... 7
4. ~.2 Content Matrix ............................................................................................................ 7
4. f.3 Sample of Global Naviqation ..................................................................................... 7
4. f.4 Sample of Home Paqe Wire Frame ............................................................................ 7
4.1.5 Sample of Secondary Pa.qe Wire Frame .................................................................... 7
4. ~. 6 Fusive's Responsibilities ........................................................................................... 7
4.~.7 The City of Delray Beach's Responsibilities ............................................................. 7
4. ~.8 Completion Criteria .................................................................................................... 8
4.2 Content Manaqement ....................................................................................... 8
4.2.1 Content Manaqement Recommendation Report ...................................................... 8
4.2.2 Fusive's Responsibilities ........................................................................................... 8
4.2.3 The City of Delray Beach's Responsibilities ............................................................. 8
4.2.4 Completion Criteria .................................................................................................... 8
4.3 Hiqh Level QA/Review of City's IT Plan .......................................................... 8
4.3.1 Deliverable ................................................................................................................. 8
4.3.2 Fusive's Responsibilities ........................................................................................... 9
4.3.3 The City of Delray Beach's Responsibilities ............................................................. 9
4.3.4 Completion Criteria .................................................................................................... 9
4.4 Project Manaqement ......................................................................................... 9
4.4. ~ Proiect Manaqement .................................................................................................. 9
Fees and Terms ............................................................. 10
5.1 Budgetary Estimate Summary ....................................................................... 10
5.2 Payment Terms ............................................................................................... 10
5.2. f Billin.q Structure ....................................................................................................... f0
6.2.2 Additional Expenses ................................................................................................ fO
6.2.3 Invoicinq ................................................................................................................... fl
5.3 Governinq Law and Venue ............................................................................. 11
6.3. f Attorneys' Fees ........................................................................................................ ff
The City of Delray Beach of Delray Beach, Flodda seeks to update and integrate its current Web s~tes to
create a unified Internet presence, develop a content management strategy, and determine what can be
accomplished online with regard to City services. In order to further its Web progress, the City of Delray
Beach of Delray Beach has enlisted Fusive Corporation ("Fusive") to perform a three-tier Discovery
Phase that will focus on:
1. The redesign of the City of Delray Beach of Delray Beach's current sites
2. Options for a content management solution
3. High-level quality assurance of the City of Delray Beach of Delray Beach's strategic information
technology plans
These issues will be addressed concurrently over a two-week period At the conclusion of the Discovery
Phase, the City of Delray Beach of Delray Beach will possess the information and documentation
necessary to proceed with significant online improvements. The Discovery Phase represents the
framework upon which all subsequent phases - including design, architecture, construction and
implementation -will be based, and is a cdtical step in the evolution of www.ci.delray-beach.fl.us and its
associated sites.
The purpose of this Statement of Work is to define the engagement for the Discovery Phase of this
project between the City of Delray Beach of Delray Beach and Fusive. This document is designed to
manage the expectations of both parties, and to cleady state the identified roles and responsibilities of
Fusive and the City of Delray Beach of Delray Beach of Delray Beach throughout the Discovery Phase.
This Statement of Work will contain all tasks, responsibilities and deliverables of the project's Discovery
Phase. Th~s Discovery Phase ~s expected to take two weeks (ten business days) and reqmre the
participation of four to five Fusive resources.
In order to complete this work, Fusive requests that the City of Delray Beach of Delray Beach'
1. Appoint a single point of contact and decision maker for the project.
2. Complete Fusive's Web Spec Questionnaire, developed to gain important insight regarding the
City of Delray Beach's needs and expectations.
3. Respond to Fusive's requests (questions, reviews, etc.) within one business day.
4. Provide Fusive with a list of subject matter experts (SMEs) for discussions.
5. Complete the IT Plan for Fusive review.
Fusive's change control process will handle any scope changes. Each change request document will
contain a bdef description of the scope change, the impact to the cdtical path, and potential changes to
the hours and costs of the project. Upon reviewing the change request document, the City of Delray
Beach of Delray Beach will have the option to either approve or reject the change. This process enables
the City of Delray Beach to control the scope and costs of the project.
Project: City of Delray Beach Version: 1.0
Document: Statement of Work Version Date: 5/23/2001
Authored by: Margie Schneider
Initials:
The following will describe the tasks, deliverables and completion critena for each of the three concurrent
portions of the Discovery Phase: Web Site Redesign and Unification, Content Management, and High-
Level QA/Review of the C~ty of Delray Beach's IT Plan. Overall project management will also be
addressed. All work performed and hours indicated are based on the project's two-week timeline.
4.1 Web Site Redesign and Unification
4.1.1
Requirements Document
Review and distillation of the Web Spec Questionnaire, as well as interviews with the City of
Detray Beach's subject matter experts, will form the basis of this document. Fusive will work with
City personnel to document and refine the reqmrements for the functionality, look and feel,
information architecture and usability of the proposed new design. Work will be delivered in MS
Word format. Allotted time: 40 hours.
4.1.2
Content Matrix
Fusive will create a document to describe the current content across all City Web sites. This will
provide the basis for determining the content necessary for future coherent unification.
Collaboration with the C;ty of Delray Beach and dependency on the requirements document is
necessary. Work will be delivered in MS Word format. Allotted time: 16 hours.
4.1.3
Sample of Global Navigation
This deliverable will display an example of the proposed global navigation based on the
assumptions derived from the Discovery Phase. Refinements of the global navigation would
occur during a subsequent Design Phase. Work will be delivered in MS Word format. Allotted
time: 4 hours.
4.1.4
Sample of Home Page Wire Frame
A wire frame is the "blueprint" of a Web page. Major areas of the home page will be displayed,
from a conceptual standpoint, on this deliverable. The Web Spec Questionnaire and the above-
mentioned deliverables will provide the basis for this document. Work will be delivered in MS
Visio format. Allotted time: 4 hours.
4.1.5 Sample of Secondary Page Wire Frame
This deliverable will display the blueprint for a sample interior page of the site. Work will be
delivered in MS Visio format. Allotted time: 4 hours.
4.1.6
Fusive's Responsibilities
1. Establish the dates, times and locations for working sessions with the City of Delray Beach of
Delray Beach.
2. Produce deliverables as described above.
3. Provide change requests to advise of impact on project if revisions exceed scope.
4.1.7 The City of Delray Beach's Responsibilities
1. Allocate and coordinate the necessary City resources during the course of this project.
Project: City of Delray Beach Version: 1.0
Document: Statement of Work Version Date: 5/23/2001
Authored by: Margie Schneider
Initials:
2. Respond to all Fusive requests within one business day
3. Provide approval on change requests as necessary.
4.1.8 Completion Criteria
Each task will be considered complete when any of the following occurs: 1) Fusive completes the
deliverable; 2) Fusive expends the hours estimated to complete the deliverable; or 3) The City of
Delray Beach of Delray Beach requests that Fusive cease work. Fusive will not exceed the hours
estimated without prior approval from The City of Delray Beach of Delray Beach.
In the event that either party does not fulfill its responsibilities, there may be an impact to cost and
schedule of the project.
4.2 Content Management
4.2.1
Content Management Recommendation Report
To complete this deliverable, Fusive resources will leverage the Discovery Phase deliverables
listed above, as well as the completed Web Spec Questionnaire and interviews with the City of
Delray Beach stakeholders. Once an understanding of the scope and requirements of the City of
Delray Beach's content management needs is agreed upon, Fusive will research, analyze and
document appropriate solutions. Work will be delivered in MS Word format. Allotted time: 40
hours,
4.2.2
Fusive's Responsibilities
1. Establish the dates, times and locations for working sessions with the City of Delray Beach of
Delray Beach.
2. Produce deliverable as described above.
3. Provide change requests to advise of impact on project if revisions exceed scope.
4.2.3
The City of Delray Beach's Responsibilities
1. Allocate and coordinate the necessary City resources during the course of this project.
2. Respond to all requests within one business day.
3. Provide approval on change requests as necessary.
4.2.4 Completion Criteria
Each task will be considered complete when any of the following occurs: 1) Fusive completes the
deliverable; 2) Fusive expends the hours estimated to complete the deliverable; or 3) The City of
Delray Beach of Delray Beach requests that Fusive cease work. Fusive will not exceed the hours
estimated without pdor approval from The City of Delray Beach of Delray Beach.
In the event that either party does not fulfill its responsibilities, there may be an impact to cost and
schedule of the project.
4.3 High Level QA/Review of City's IT Plan
4.3.1
Deliverable
The City of Delray Beach of Delray Beach has requested that Fusive review the City of Delray
Beach's IT Plan and provide quality assurance feedback. Once the City of Delray Beach has
completed the plan, Fusive will provision the appropriate resources to review the document and
Project: City of Delray Beach Version: 1.0
Document: Statement of Work Version Date: 5/23/2001
Authored by: Margie Schneider
Initials:
4.3.2
4.3.3
4.3.4
provide feedback.
This deliverable is included in this Statement of Work as a means to document the wishes of the
City of Delray Beach and Fusive's intention to fulfill the request. A change request must be
generated, upon Fusive's receipt of the Plan, in order to document and estimate the work
involved.
Fusive's Responsibilities
1. Review the Plan, when complete, in order to produce a change request.
The City of Delray Beach's Responsibilities
1. Provide Fusive with a copy of the City of Delray Beach's IT Plan.
2. Review and approve change request in a timely manner.
Completion Criteria
Each task will be considered complete when any of the following occurs: 1) Fusive completes the
deliverable; 2) Fusive expends the hours estimated to complete the deliverable; or 3) The City of
Delray Beach of Delray Beach requests that Fusive cease work. Fusive will not exceed the hours
estimated without prior approval from The City of Delray Beach of Delray Beach.
In the event that either party does not fulfill its responsibilities, there may be an impact to cost and
schedule of the project
4.4
4.4.1
Project Management
Project Management
Over the course of the entire Discovery Phase, the Project Manager will track the time and
materials budget, provide status reports, manage workflow, manage client communication/
collaboration, and provide change request documentation. Allotted time: 12 hours.
Project: City of Delray Beach Version: 1.0
Document: Statement of Work Version Date: 5/23/2001
Authored by: Margie Schneider
InRials:
Fusive shall designate and ubhze the appropriate Personnel, as are reasonably necessary and
customarily used by Fus~ve in similar projects. Deliverables created shall be consistent with the quality
and depth of reports normally produced by Fusive for its customers. Fusive reserves the right to alter the
assigned personnel and personnel mix on this project as necessary for successful completion of this
engagement.
5.1 Budgetary Estimate Summary
Web Site Requirements Document 40 5,000
Redesign and Content Matdx 16 2,000
Unification Sample of Global Navigation 4 500
Sample of Homepage Wire Frame 4 500
Sample of Secondary Page Wire Frame 4 500
Content Content Management Recommendation 40 5,000
Management Report
High Level TBD TBD TBD
QNReview of
City's IT Plan
Project Project Management tasks 12 1,800
Management
Totals 120 $15,300
5.2
5.2.1
5.2.2
Payment Terms
Billing Structure
This engagement will be completed on a Time and Materials basis. The following rates will apply
to this Statement of Work:
Project Manager - $150 per hour
All other Fusive resources - $125 per hour
Additional Expenses
All necessary out of pocket expenses will be billed as incurred. These necessary expenses
include, but are not limited to, mileage expenses, car rental, parking, airfare, hotel, meals, license
purchases for photographs, graphics, or other media selected for the site, and any other normal
expenses that may arise in the course of fulfilling the terms of this engagement.
Project: City of Delray Beach Version: 1.0
Document: Statement of Work Version Date: 5/23/2001
Authored by: Margie Schneider
In~ials:
5.2.3
5.3
5.3.1
Invoicing
Fusive's standard policy is to invoice on a monthly basis. Invoices are due upon receipt.
Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
Flodda without regard to principles of conflicts of law. The parties hereby irrevocably consent to
and submit to the exclusive jurisdiction of the federal and state courts located in the State of
Flodda, and any action or suit under this Agreement shall only be brought by the parties in any
federal or state court within Broward County, Florida having appropriate jurisdiction over the
subject matter of the action. The parties hereby irrevocably waive any defense, claim or objection
that such action or proceeding has been brought in an ~nconvenient forum or an improper venue.
This provision shall survive the expiration or termination of this Agreement.
Attorneys' Fees
If any legal action is brought to construe or enforce any provision of this Agreement, the
prevailing party shall be entitled to receive its reasonable attorneys' fees, expenses, and court
costs in addition to any other relief it may receive from the non-prevailing party.
Project: City of Delray Beach Version: 1.0
Document: Statement of Work Version Date: 5/23/2001
Authored by: Margie Schneider
Initials:
I~y 30, -2001
MONTRI CHAISAKUL
City of Delray Beach
100 N.W. 1" Avenue
Delray Beach, FL 33444
Dear Montri,
Avenue Creative Group would like to thank you for your consideration in using our company's
services. We realize that your time is important and we are committed that our proposal be of value to
you. We are confident that we can provide services that you are seeking.
Our company specializes in combining our experience, creative talent and technological resources
to provide our customers with a consistent level of quality. Our customers know us as a company that is
reliable and service oriented. We provide successful solutions, on time and on budget, that will meet
your specific goals.
PROJECT START
Avenue Creative Groups' preliminary project evaluation and planning occurs once a proposal on content
and costs are submitted and a project is awarded. At this point a deposit is requested to begin
production of project.
DESIGN & PAGE MAKEUP
Information gathered from the initial planning meeting is analyzed by the creative team providing
context and continuity as necessary for the developing project designs. One or more meetings with the
client, to present layouts, will provide opportunity for client comment, corrections and changes.
At each phase of the project the client has final approval of design and content, before going on to
the next phases. Completed, composed and proposed designs are presented for the clients review. It is
possible at this time to "get the feel", for the end product and, indeed there remains opportunity to make
changes without incurring additional costs.
Throughout the projects design phases the client is presented with a status report/update. The
following pages outline items included in Project Cost. The project is phase implemented; Phase I will
be designed and built first with other City departments to be migrated as requested. Phase I includes
items outlined in section 2.0.2 on following page. City of Delray Beach Project Managers will meet with
Avenue Creative Group Project Leaders to define any changes to the development website. Results
from proof of concept testing will be presented. Any final changes to the website will be proposed at this
point. When City of Delray Beach approves the look, feel and functionality of development website,
Avenue Creative Group will move into final development phase.
The project will be considered complete when Avenue Creative Group has fulfilled the tasks
described above, to the satisfaction of the City of Delray Beach designated representative. A final
Acceptance Form will be presented to the City of Delray Beach representative for the purpose of
acknowledging said completion.
I look forward to hearing from you. If you have any questions, please feel free to contact me.
Sincerely,
President
Avenue
Creative
Group
] 0 S E. I st Avenue
Delray Beach
FL 33444
Voice. 561. 274.4663
Fax' 561 274 6129
E-Mail acg@gate net
www,avenuecreative com
Avenue Creative Group - Nancy Stewart
City of Delray Beach Web Site Proposal Scope of Work
1.0 GENERAL
Avenue Creative Group will provide development services to the City of Delray Beach for their internet site.
The purpose of this site is to provide a unified "look & feel" for the City and all of it's Departments (outlined
below). This site will provide information to residents, tourists and employees in addition to providing
e-commerce abilities for many of the City's departments. This project is "phase implemented". The main City
site (Phase I) will be designed and built first with other City departments to be migrated as requested.
2.0 SERVICE DESCRIPTIONS AND DELIVERABLES
The following is a detail of deliverables to be provided for each of the services listed above. The conditions
constituting completion and sign off are also outlined.
2.0.1 Project Planning Meetings. (Estimated time 2 hours) The City of Delray Beach Project Manager to
meet with Avenue Creative Group. Project Leaders to define any changes to this scope of work
project. It will be the responsibility of the City of Delray Beach to supply Avenue Creative Group
with all artwork (logos, etc.) required for developing the web site. No data entry is included in
quotation. Sample html pages and a flowchart of the website will be produced from this meeting.
Upon approval by the City of Delray Beach of same, a deposit (outlined under Project Cost) will
be provided to Avenue Creative Group will begin website development and integration services.
2.0.2 Initial website development for Phase I:
Internet Site (public area) - PHASE I:
Flowchart and design: Basic graphic layout & design; no content (Estimate Time: 3 weeks)
1. Home Page
a. About Delray Beach
b. Delray Beach News (dynamically built from newsletter database)
c. Delray Beach History
d. Delray Beach Demographics
e. Thing to Do in Delray Beach / Special Events Section
f. Links in drop down menu for City Departments. Each area below will operate as a
"sub-site" of City of Delray Beach site.
City Commission
1. About the Commission; Bios and email addresses
2. Meeting minutes (dynamically built from meeting minutes database)
3. Commission Agenda (dynamically built from agenda database)
4. Commission News (dynamically built from newsletter database)
City Manager
1. Items to be defined
ii.
Human Resources
1. Employment Opportunities/Recruitment (pull down menu to sort by Clerical,
Professional, Scientific, Technical, Supervisory/Management)
2. Classifications and Pay
3. Job Descriptions
4. Personnel Policies
5. Benefits
Avenue Creative Group · 10 SE 1'~ Avenue, 2nd Floor · Delray Beach, FL 33444
561-274-4663 / FAX 561-274-6129
(Page 2)
111.
Community Improvement (some items/areas not completely defined by City)
1. Permitting (apply for permits and check status)
2. Code Enforcement
3. Occupational License
4. Building Inspections
2.0.2A
Website development for Phase II:
Internet Site (public area) - PHASE H:
iv. Parks and Recreation
1. About Parks and Recreation
2. Parks and Recreation News (dynamically built from newsletter database)
3. Contact Us
4. Present Beach Conditions (dynamically built)
5. Listing & Description of Parks w/maps
6. Delray Beach Golf Club
a. About the Course
b. Pictures
c. Map of holes
d. Book a Tee-Time
7. Delray Beach Tennis Center
a. About the center
b. Membership & Rates - Ability to join online (shopping cart)
c. Special Events (dynamically built)
d. Book a court time (shopping cart)
8. Ability to book facilities on-line (shopping cart)
9. Calendar of events (dynamically built from calendar database)
10. Links Page
11. Employment Opportunities (links to central database)
v. Planning & Zoning
1. About Us- Bio's and email addresses
2. Meeting Minutes (dynamically built from meeting minutes database)
3. Commission Agenda (dynamically built from agenda database)
4. Downloadable forms
5. Zoning news (dynamically built from newsletter database)
6. Employment opportunities (links to central database)
vi. Delray Beach Environmental Services
1. About Environmental Services
2. Environmental Services News (dynamically built from newsletter database)
3. Contact Us
4. Listing and description of facilities
5. Ability to pay water bill on-line (shopping cart)
6. Employment Opportunities (links to central database)
vii.
Delray Beach Fire Department/Rescue
1. About Delray Beach Fire Department/Rescue
2. Delray Beach Fire Department News (dynamically built from newsletter database
3. Contact Us
Avenue Creative Group · 10 SE Ia Avenue, 2nd Floor · Delray Beach, FL 33444
561-274-4663 /FAX 561-274-6129
2.0.3
(Page 3)
Delray Beach Fire Department/Rescue (continued)
4. Present Beach Conditions (dynamically built)
5. Listing & Description of facilities w/maps
6. Ability to contribute on-line (shopping cart)
7. Calendar of events
8. Employment Opportunities (links to database)
Vlll.
Delray Beach Police Department
1. About Delray Beach Police Department
2. Delray Beach Police Department News (dynamically built from newsletter database)
3. Contact Us
4. Police Department Programs (dynamically built)
5. Community Projects (with sign-up ability; dynamically built)
6. Ability to contribute on-line (shopping cart)
7. Calendar of events
8, Employment Opportunities (links to central database)
ix.
Delray Beach Employment Opportunities
1. Listing of available positions - searchable by department of keyword (dynamically
built from employment database). All departments will link to this centralized
database when posting.
Xo
Clubs and Organizations
1. Listing & links page (dynamically built form database)
a. Searchable by category
xi. Delray Beach Library (links to httv://www.delravlibrarv.or~)
xii. Delray Beach Events Calendar (dynamically built from calendar database)
1. Searchable by date, category or keyword
Xlll.
Delray Beach Sister Cities
1. About the Sister Cities
2. Delray Beach Sister City's News (dynamically built from newsletter database)
3. Contact Us
4. Ability to purchase membership on-line (shopping cart)
xiv.
Downtown Delray Beach
1. Images of downtown
2. Listing of Businesses (dynamically built)
3. Entertainment & Dining
Management Modules (Developed concurrently with 2.0.2). Each department will have a password
protected page to update their respective areas:
1. Provide and configure real-time website maintenance modules as listed:
a. Users Logan Page - Authenticates users to Employee Database and tracks users through
site.
b. User database Management Module - allows City to add, delete and edit user information
Avenue Creative Group · 10 SE 1~ Avenue, 2~ Floor ° Delray Beach, FL 33444
561-274-4663 / FAX 561-274-6129
(Page 4)
Management Modules (continued)
c. Newsletter database management modules - allows City to create, edit, delete and post
newsletters to their respective "sites"
d. Agenda database Management Modules - allows City to create, edit, delete and post
agendas to their respective "sites"
e. Events database Management Modules - allows City to create, edit, delete and post
events to their respective "sites"
f. Present conditions database Management Module - allows City to create, edit, delete and
post current conditions to their respective "sites"
g. Employment database Management Module - allows City to create, edit, delete and post
available positions to a centralized employment database as well as their respective sites
h. Shopping Cart: Avenue Creative Group will add a shopping cart for online payments and
contributions
Avenue Creative Group will provide linkage to AuthorizeNet for credit card
processing or the Merchant Bank of City of Delray Beach's choice. It will be the
responsibility of the City of Delray Beach to establish the merchant account. (Any
fees incurred would be the responsibility of the City of Delray Beach.) If the
Merchant is other than AuthorizeNet, they must provide Avenue Creative Group
specifications for on-line approval processing.
Order Database - allows City to view, edit and retrieve orders from their respective "areas"
2.0.4
Project Status Meeting
City of Delray Beach Project Managers will meet with Avenue Creative Group Project Leaders to
define any changes to the development website. Results from proof of concept testing will be
presented. Any final changes to the website will be proposed at this point. When City of Delray
Beach approves the look, feel and functionality of development website, Avenue Creative Group
will move into final development phase.
2.0.5 Final Website Deployment - Modifications made to website as per section.
APPENDIXA COMPLETION CRITERIA
The project will be considered complete when Avenue Creative Group has fulfilled the tasks described
above, to the satisfaction of the City of Delray Beach designated representative. A final Acceptance Form
will be presented to the City of Delray Beach representative for the purpose of acknowledging said
completion.
Avenue Creative Group · 10 SE 1" Avenue, 2"d Floor · Delray Beach, FL 33444
561-274-4663 / FAX 561-274-6129
(Page 5)
3.0 PROJECT COST:
Total cost for Phase I & Phase II completion: ......... $64,000.00
Breakdown of costs included in "Phase I": ..........$37,000.00
Deposit required to begin Phase 1 ....................... $18,500.00
(Balance of $18,500.00 will be due upon completion of Phase I. If project completion is placed on hold
for more than 4 months; balance of Phase I will be due and payable to Avenue Creative Group 4 months
from beginning date of contract acceptance.)
To begin Phase H a 25% deposit of $16,000 will be required; with balance due upon final completion of site.
ADDITIONAL PROJECT COST:
Up to 25 PDF pre-populated forms .............................. $7,000.00
"Phase I" is the development of the "Home Page" and three modules - "City Commission", "City Manager",
"Community Improvement" and "Human Resources" as described in the May 11a meeting.
Quotation is "project based" and quote is valid for 90 days from date of proposal (May 30, 2001).
Work Description:
1. Graphic Design - User interface, image editing, multimedia
2. Front-end Engineering - HTML, scripting, logical design
3. Back-end Engineering - ASP and COM development
4. Database Engineering - Stored procedures, SQL Database setup/administration, data migration (if needed)
5. Systems and Networking - System architecture, IIS and MTS configuration, coordinating e-commerce
transaction processing.
Miscellaneous Notations:
· Majority of the back-end work will need to be completed in the development of"Phase I"
· Quotation and project cost is based on a contract for production of the entire project and not just "Phase I"
· Revisions are at no extra charge unless requests for redesign redo of areas that are provided then changed by
City. All revisions that are over and above the contract price will be outlined and submitted for approval on
a "Change Order". No additional work or changes will incur unless Change Order is approved.
· Quotation is based on the City of Delray Beach providing a populated sequel database (migrate data to
Sequel 7 or 2000); no data entry provided in quote.
· City of Delray Beach to provide Avenue Creative Group with "remote" work environment (access to server;
terminal server connection) and a Technical Liaison.
4.0 TIMELINE .(Upon acceptance of contract and initial deposit).'
· Graphic design/layout suggestions and flowchart presentation to City (no content) - 3 weeks
· Engineering - 5 to 6 weeks
· Completion of Phase I - 10 to 12 weeks
· Balance of site design / addition of other Modules (Phase II) - to be determined by City of Delray Beach
Avenue Creative Group · 10 SE 1" Avenue, 2~ Floor · Delray Beach, FL 33444
561-274-4663 / FAX 561-274-6129
The Graphic Design Trade Customs were
developed by the International Design by
Electronics Assoc., the Grapluc Artists
Guild and the Art Director'~ Club of
Metropohtan Wastungton. They were
adopted by the graphic design industry
and reflect the current laws and practtces
of design professionals. Trade Customs
are those practices which dehneate the
specific areas of responstbthty with regard
to a special trade or operation which
might not be outhned tn a commercial
agreement
It should be clearly understood that the
Trade Customs protect both parties tn a
cotnmerctal agreement It ts, therefore, the
responsibthty and obhgation of involved
parties to understand their content and
meaning.
1. SCHEDULE FOR PAYMENT. All
invoices are payable upon receipt. An
initial deposit for Phase I of $18,500.00
is requlred upon acceptance of
proposal with balance due upon
corn pletion. If project completion is
placed on hold for more than 4 months;
balance of Phase I will be due and payable
4 months from beginning date of contract
acceptance. Job will be released upon
final payment, unless other arrangements
have been made in writing.
2. ESTIMATES. Projects are estimated
and are based upon prevailing wages,
anticipated hours of work and cost of
materials and supplies necessary to
produce work in accordance with
preliminary copy, style and specifications
and are not binding unless approved on a
Contract. As projects proceed, a weekly
status report can be provided to the chent
outlining time and materials used on the
project to date. Client's approval shall be
obtained for any increases in fees or
expenses that exceed the original estimate.
Any bents beyond the originally proposed
amount of honrs will be outlined in a
Change Order, clients signature to proceed
will be obtained, and additional costs will
be billed separately as alterations.
3. ALTERATIONS. Alteration charges
are incurred by a client when a change is
made to: approved layout, approved
manuscript, mechanicals or disk produced
correctly orany new work not within the
original specifications.
4. LIABILITY/APPROVALS. Client
will approve all aspects of the project as it
proceeds through production. ACG is
only liable for the correction of errors
made during the design and mechanical
processes. The final proofing prior to
printing is always the client's responsibil-
ity unless ACG accepts this responsibility
in written agreement. The client alone is
responsible for any changes required after
final artwork has been approved. (In any
instance, the designer cannot be liable for
more than the design and raechanical costs
of a job in dispute.) Once client has
approved the final project, and the project
is released, no changes can be made.
$. MATERIALS. Cost of intemal
materials, such as laser prints, photo and
transparency scans, film, polaroids and
film processing are estimated in the
project proposal. All materials used will
be tracked and updated on a weekly
status report. Any project overage on
hours or materials are billable as job is in
progress, w~th invoices payable upon
6. PRODUCTION. Schedules will be
established and adhered to by client and
A CG, provided that neither shall incur
any liability or penalty for delays due to
state of war, riot, civil disorder, fire, labor
trouble, strikes, accidents, energy failure,
equipment breakdown, delays of supphers
or carders, action of government or civil
authority and acts of God or other causes
beyond the control of client or ACG.
Where production schedules are not
adhered to by the client, final delivery
date(s) w~ll be subject to renegoliation.
7. OVERTIME. Overtime is work
performed by ACG in excess of the work
schedule of the project. Overtime may be
charged at ACG's prevailing rates for this
service. (No~ applicable for Project Based
Quotes.)
8. CANCELLATIONS. In the event of
cancellation of this assignment, ownership
of all copyrights and the original artwork
shall be retained by Avenue Creative
Group, and a cancellation fee for work
completed, will be charged based on the
contract price and expenses already
incurred, shall be paid by client.
9. COPYRIGHTS. Creative work such
as sketches, illustrations, layouts, designs,
~cons, loges, etc. produced on paper,
computer disks or any other medium, are
protected under the 1976 copyright act.
Until ACG transfers ownership rights,
creative work remains the property of
ACG until paid in full. Client can
however, request that ACG maintains
storage of all odginal artwork and agrees
to paid for medium for storage to ACG.
10. CREDIT LINES. Avenue Creative
Group any other creators shall receive a
credit line.
11. RELEASES. Client shall indemnify
Avenue Creative Group against all claims
and expenses, including reasonable
attomeys fees, due to uses for which no release
was requested in writing or for uses which exceed
anthonty granted by a release.
12. ARBITRATION. Any disputes in excess of
$1.500.00 ansing out of this Agreement shall be
submitted to binding arbitration before Ethics
Committee or a mutually agreed upon arbitrator
pursuant to the roles of the American Arbitration
Association. The Arbitrator's award shall be
final, and judgment may be entered in any court
having jurisdiction thereof. The Client shall pay
all arbitration and court costs, reasonable
attorney's fees, and legal interest on any award of
judgment in favor of Avenue Creative Group.
13. CODE OF FAIR PRACTICE. The Client
and Avenue Creative Group agree to comply with
the provisions of the Code Of Fair Practice, a
copy of which may be obtained from the Joint
Ethics Commntee, P. O. Box 179, Grand Central
Station, New York, NY 10017
14. ACCEPTANCE OFTERMS. The
signature of both parties shall evidence
acceptance of these terms.
Client Signature
Avenffe Creative'Group- Representative Signature
Date
Proposal for
City of Belray Beach
April 25, 2001
Confidential Page I 4/25/2001 Initials
OL oNS
The ~old~n Rue
Palmetto Professional Park
22037 State Road 7
Boca Raton, FL 33428
(561) 487-9692 · (561) 487-6082 Fax
SCOPE OF WORK FOR: City of Delray Beach
1.0 GENERAL
ProSolutions, Inc will provide development services to City of De/ray Beach for their City of De/ray Beach Internet site. The
purpose of this stte ts to:
Provide a unified "look & feel" for the City and all of its Departments.
Provide information to residents, tourists and employees.
Provide e-commerce abilities for many of the City's departments.
This project will be a phased implementation. The matn City site will be designed and built first. City departments will be
Migrated to the new site as requested.
2.0 SERVICE DESCRIPTIONS AND DELIVERABLES
The following sections will detail the deliverables to be provided for each of the services listed above. The conditions
constituting completion and sign off are also outlined.
2.0.1
Project Planning Meetings. (Estimated Time: 2 hours)
The City of Delray Beach Project Managers meet with ProSolutions, Inc. Project Leaders to define any
changes to this scope of work project. It will be the responsibility of City of Delray Beach to supply
ProSolutions, Inc with any artwork (i.e.: Iogos etc.) required for the website. Sample html pages and a
flowchart of the website will be produced from this meeting. Upon approval by City of Delray Beach of same,
ProSolutions, Inc will begin website development and integration services.
2.0.2
Initial website development: (Estimate Time: Approximately 8 weeks)
The project will include:
Internet Site (public area)
1. Home Page:
a. About Delray Beach
b. Delray Beach News (dynamically built from newsletter database)
c. Delray Beach History
d. Delray Beach Demographics
e. Things to Do in Delray Beach (Links to Events Calendar)
f. Links in drop-down menu for City Departments. Each area below will operate as a "sub-site" of the
Delray Beach City site.
i. City Commission
1. About the Commission - Bio's and e-mail addresses
2. Meeting Minutes (dynamically built from meeting minutes database)
3. Commission Agenda (dynamically built from agenda database)
4. Commission News (dynamically built from newsletter database)
ii. Parks & Recreation
1. About Parks & Recreation
2. Parks & Rec. News (dynamically built from newsletter database)
3. Contact Us
4. Present Beach Conditions (dynamically built)
5. Listing & Description of Parks w/maps
6. Delray Beach Golf Course
a. About The Course
b. Pictures
Confidential Page 2 4/25/2001 Initials
d.
Delray
a.
b.
Map of holes
Book a Tee-time
Beach Tennis Center
About the center
Membership & Rates
i. Ability to join onhne (shopping cart)
Special Events (dynamically built)
Book a court time (shopping cart)
8. Ability to book facilities on-line (shopping cart)
9. Calendar of events (dynamically built from calendar database)
10. Links Pages
11. Employment Opportunities (links to central database)
iii. Planning & Zoning Commission
1. About Us - Bio's and e-mail addresses
2. Meeting Minutes (dynamically built from meeting minutes database)
3. Commission Agenda (dynamically built from agenda database)
4. Downloadable forms
5. Zoning News (dynamically built from newsletter database)
6. Employment Opportunities (links to central database)
iv. Delray Beach Environmental Services
1. About Environmental Services
2. Environmental Services. News (dynamically built from newsletter database)
3. Contact Us
4. Listing & Description of facilities.
5. Ability to pay water bill on-line (shopping cart)
6. Employment Opportunities (links to central database)
v. Delray Beach Purchasing Department
1. About Purchasing - How to become a vendor
2. RFP's. - New and awarded (links to demandstar database)
3. Contact Us
4. Forms
5. Employment Opportunities (links to central database)
vi. Delray Beach Fire Department / Rescue
1. About Delray Beach Fire Department ! Rescue
2. Delray Beach Fire Department News (dynamically built from newsletter database)
3. Contact Us
4. Present Beach Conditions (dynamically built)
5. Listing & Description of facilities w/maps
6. Ability to contribute on-line (shopping cart)
7. Calendar of events
8. Employment Opportunities (links to central database)
vii. Delray Beach Police Department
1. About Delray Beach Police Department
2 Delray Beach Police Department News (dynamically built from newsletter database)
3. Contact Us
4. Police Department Programs (dynamically built)
5. Community Projects (with sign-up ability) (dynamically built)
6. Ability to contribute on-line (shopping cart)
7 Calendar of events
8. Employment Opportunities (links to central database)
viii. Delray Beach Employment Opportunities
1. Listing of available positions - searchable by department or keyword (dynamically
built from employment database) All departments will link to this centralized
database when posting.
ix. Clubs & Organizations
1. Listing & Links page (dynamically built from database)
a. Searchable by category
Confidential Page 3 4/25/2001 Initials
x. Delray Beach Library (links to http://www.delraylibrary.org)
xi. Delray Beach Events Calendar (dynamically built from calendar database)
1. Searchable by date ,category or key-word
xii. Delray Beach S~ster Cities
1. About the Sister C~ties
2. Delray Beach Sister City's' News (dynamically built from newsletter database)
3. Contact Us
4. Ability to purchase membership on-line (shopping cart)
xiii. Directory of Chamber Businesses (links to chamber's pages)
xiv. Downtown Delray Beach
1. Images of Downtown
2 Listing of Businesses (dynamically built)
3. Entertainment & Dining
2.0.3
2.0.4
2.0.5
Management Modules (Developed concurrently with 2.0.2) Each Department will have a password protected page to
update their respective areas:
a. Provide and configure real-time website maintenance modules as listed'
a. Users Logon Page - Authenticates users to Employee Database and tracks users through site.
b. User database Management Module - allows City to add, delete and edit user Information.
c. Newsletter database Management Modules - allows City to create, edit, delete and post newsletters to their
respective "sites".
d. Agenda database Management Modules - allows City to create, edit, delete and post agendas to their respective
"sites".
e. Events database Management Modules - allows City to create, edit, delete and post events to their respective
"sites".
f. Present conditions database Management Module - allows City to create, edit, delete and post current conditions
to their respective "sites".
g. Employment database Management Module - allows C~ty to create, edit, delete and post available positions to a
centralized employment database as well as their respective sites.
h. Shopping cart: ProSolutions, Inc. will add a shopping cart for online payments & contributions.
ProSolutions, Inc will provide linkage to AuthorizeNet for credit card processing or the Merchant Bank of Ctty
of Delray Beach's choice. It will be the responsibility of the C~ty of Delray Beach to establish the merchant
account. (Any fees incurred would be the responsibility of the City of Delray Beach.) If the Merchant is other
than AuthorizeNet, they must provide ProSolut~ons, Inc specifications for on-line approval processing.
PRICING FOR THIS FEATURE IS NOT IN THIS SCOPE
i. Order Database - allows City to wew, edit, and retrieve orders from their respective "sites".
PRICING FOR THIS FEATURE IS NOT IN THIS SCOPE
Project Status Meeting
City of Delray Beach Project Managers meet with ProSolutions, Inc. Project Leaders to define any changes to
the development website. Results from proof of concept testing will be presented.
Any final changes to the website will be proposed at this point. When City of Delray Beach approves look, feel
and functionality of development website, ProSolutions will move into final development phase.
Final Website Deployment (Estimated time: 2 weeks)
Modifications made to webs~te as per section 2.0.4
APPENDIX A COMPLETION CRITERIA
The project will be considered complete when ProSolutions has fulfilled the tasks described under Section 2.0, above, to the
satisfaction of City of Delray Beach . designated representative. A final Acceptance Form will be presented to the City of
Delray Beach representative for the purpose of acknowledging said completion.
Confidential Page 4 4/25/2001 Initials
APPENDIX B EXCEPTIONS
ProSolutions will support all items in the Scope of Work. Any items not covered in the Scope of will be billed at a rate of
$100 per hour per developer. If ProSolutions, Inc. does not receive content from client in a bmely manor to complete the
project; client is responsible for payment of project in full, no later than 10 days from estimated completion date
APPENDIX C FEE FOR SERVICES
Development fees:
Initial City Website (General Site):
Each Department/Service (sub site):
$15,500.00
$ 4,200.00 (per department)
ProSolutions will require a 50% deposit upon acceptance of this agreement by City of Delray Beach. An additional 50% will
be due upon completion of sections: 2.0.1, 2.0.2, 2.0.3 and 2.0.4. The balance will be due upon completion of 2.0.5.
APPENDIX D ACCEPTANCE SIGNATURE
An authorized signature below indicates acceptance by City of Delray Beach of this Scope of Work
FOR City of Delray Beach
FOR PROSOLUTIONS, INC
Name Name
Title Title
Date Date
Confidential Page 5 4/25/2001 Initials
AGENDA ITEM NUMBER'
Request to be placed on:
Consent Agenda
When: 06-12-01
AGENDA REQUEST
Date:
06-06-01
X Special Agenda
Workshop Agenda
Description of agenda item: Request for Commission approval of Fusive Com, Inc
proposal to prepare a preliminary design of our official City website and to review draft of
MIS enterprise technology plan.
Total Cost: $15,300.
Budget Transfer attached transferring from City Manager Contingency to MIS Professional Svcs.
ORDINANCE/RESOLUTION REQUIRED: YES NO X
Draft of Resolution Attached: YES NO
Recommendation: Approval recommended by Staff and City Manager.
Department Head Signature:
Determination of Consistency with Co sire Plan: N/A
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Yes
*Once attached budget transfer ~s processed
Funding alternabves (if applicable):
No
Account Number:
001-1811-513-31 90
Other Professional Services
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda'
Hold Unbl:
$21,171.80
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~,.5~O,~'SPECIAL MEETING JUNE 12, 2001
SPECIAL EVENT REQUEST/3rd ANNUAL GARLIC FESTIVAL
DATE: JUNE 8, 2001
This is before the City Commission to consider a request for special event approval for the 3rd Annual
Garlic Festival to be held November 2 through November 4, 2001 and authorize relocation of the
event to utilize a portion of the Tennis Center, NW 1't Avenue from Atlantic avenue to NW 1~ Street,
the CRA and Community Center parking lots, and the grass area between the Community Center and
City Hall.
In order to move this event to the Tennis Center, the event sponsor is requesting that the City
commit to this event $35,000-40,000 more than we spent last year (about $5,000). This is many times
what we put into most other weekend events, and even far exceeds what we put into the Delray
Affair. While I initially thought moving the event to the Tennis Center would be a good idea, given
what the event sponsor says is needed to accommodate the event, I believe we are trying to force a
square peg into a round hole. The Tennis Center is just not designed to accommodate this event.
This request really needs to be considered in the context of the total budget as it is reviewed this
summer and should not be considered in isolation. Then the value of the Garlic Festival to the City
could be evaluated against other events from which we receive support requests. For example, would
the city receive more value by putting this much money into Garlic Festival, or into Fotofusion or
First Night? Furthermore, in view of other budget needs, can we afford to put this much into such an
event? I recommend that the event be approved for the same location as was used previously, and
they will just have to make the best of the construction situation.
Agmemo. 14.GarhcFest~val. 06-12-01
CITY OF DELRI:IY BEI:I£H
DELRAY BEACH
100 N.W. 1st AVENUE
1993 TO: David T. Harden
City Manager
DELRAY BEACH, FLORIDA 33444
561/243-7000
FROM: i/,6~obert A. Barcinski
~ Assistant City Manager
DATE: June 7, 2001
SUBJECT:
AGENDA ITEM CITY COMMISSION WORKSHOP JUNE 12, 2001
APPROVAL SPECIAL EVENT REQUEST - 3RD ANNUAL GARLIC
FESTIVAL
.,4 CTION
City Commission is requested to endorse the 3rd Annual Garlic Festival to be held November 2,
2001 through November 4, 2001 and to authorize relocation of the event to utilize a portion of the
Tennis Center, NW 1st Avenue from Atlantic Avenue to NW 1st Street, the CRA and
Community Center parking lots, and the grass area between the Community Center and City Hall.
Commission is also being requested to grant a temporary use permit pr LDR's Section 2.4.6(H)
for use of City rights-of-way and facilities from 6:00 p.m. November 1st through midnight
November 4, 2001 and to waive LDR's Section 4.6.7(D)(3)0)(ii) to allow signage and banners to
be put up more than one week prior to the event. In addition, the event sponsors are requesting
staff support as listed per the attached memo, a waiver of overtime costs for staff support, a
waiver of facility rental fees, and other cash and site modification support as outlined.
BACKGROUND
Attached is a letter dated May 31,2001 received from Nancy Stewart, Executive Director of the
Delray Beach Garlic Festival requesting approval of the event, event relocation, City support and
various waivers.
Staff initiated discussions about a possible relocation to the Tennis center because of concerns
regarding the condition of the grounds at Old School Square due to construction, the closure of
NE 2nd Avenue between Atlantic and NE 1st Street and it's impact on adjourning businesses,
and because of Christmas tree construction issues. The original event request dated April 16,
2001 and the site plan are also attached. This site plan is very similar to the site plan for the first
two (2) years of the event.
Highlights of Ms. Stewart's May 31 st requests from the City are as follows:
Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
Agenda Item City Commission Meeting June 12, 2001
Page #2
Date: June 7, 2001
· Approval of relocating the event to utilize a portion of the Tennis Center (clay courts 5
through 8, the NW 1 st Avenue entry walkway, restrooms, ticket booth, clubhouse 2nd floor),
as well as, NW 1st Avenue from Atlantic to NW 1st Street, the CRA and Community Center
parking lots, and the grass area between the Community Center and City Hall.
· A $5,000 grant contribution for additional advertising and promoting the event due to the
new site.
· Costs for additional signage (cost unknown).
· Constructing a gate on the eastside of clay courts 5 through 8 (estimate cost $5,000)
· Pay for and cover two (2) courts (estimate cost $15,000) (This is an addition to the two (2)
courts we can cover in-house with existing flooring).
· Waive all over time costs
· Waive facility rental costs
· Remove windscreen from Tennis Center to provide more visibility.
· Remove fencing between courts
The event sponsor's intent is to utilize the clay courts for the stage and entertainment area and
utilize other areas for vendors, children's area etc. We had originally looked at trying to utilize
the Tennis Center site exclusively, but due to the sponsors needs it would require the use of 10
clay courts which would be cost prohibitive to cover.
Staff concerns with this request are as follows:
· The grant for additional advertising
· Rental costs to cover 2 add'l courts
· Costs to create 20' gate on the east side of
courts 5-8, as well as, possible impacts on courts
· Cost of additional signage requested
· Tennis Center staff costs
· Remove fencing between courts
$ 5,000
$15,000
$ 5,000
(unknown)
$ 3,000
A more prudent course of action for this year might be to approve the event at the original site
and plan for a future relocation to the Tennis Center if feasible. Ms. Stewart has indicated that
once they relocate they would not want to move again. She also expressed concerns about the
condition of the grounds at Old School Square due to construction and the possibility the site
might not be useable by the event date. She is also looking at a site where the event can expand
as it grows. If they remain at the Old School Square site, the area would probably have to be
graded and mulched at a cost of between $5,000 - $7,000 to be useable.
Estimated City overtime costs for security and traffic control, barricading and banner hanging,
trash removal and clean up, and EMS support is approximately $14,000 for the original site and
approximately $15,000 for the Tennis Center site. In addition, we would incur approximately
$3,000 in overtime costs for the Tennis Center staff at the requested site. Last year's overtime
costs for the event were $9,067. The City only agreed to waive 50% of the costs for overtime in
past years.
This is not a new event. The event budget, a recap of last year's actual costs, and a summary of
the last two (2) years contributions to charitable groups is attached.
Agc~nda Item City Commission Meeting June 12, 2001
Page #2
Date: June 7, 2001
The event sponsor will be responsible for event management, vendor selection, site fencing, port-
a-lets and event advertising and promotion.
RECOMMENDATION
Staff recommends approval of the event, the granting of the temporary use permit, the waiver of
LDR's Section 4.6.7(D)(3)(j)(ii) to allow putting up signs and banners by October 19th, and staff
support for security and traffic control, stage set up and removal, barricade and banner
installation and trash removal and clean up as requested. We recommend a waiver of up to 50%
of staff overtime. All approvals contingent on the receipt of a certificate of insurance and hold
harmless agreement.
If the event is approved for the Tennis Center site we do not recommend: · The $5,000 grant for advertising
· The City bearing costs for additional floor covering
· The removal of fencing between courts
RAB/tas
File:u:sweeney/agenda
Doc:Garlic Festival 2001
May $1, 2001
Mr. Bob Barcinski
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
· B E A C H~.
"~NO I .I.V 130SSY ~
Dear Bob,
Attached is a revised request for our 3~ Annual Delray Beach Garlic
Fest that we discussed. Much of the information remains the same,
however, I have included addition points and specific requests.
You also requested that I outline the costs, etc. to remain at Old
School Square. We have not secured written estimates, however, we
were told that it would cost approximately $7,000 to $10,000 to grate
the grounds and cover with mulch. In addition, it would be crucial
that we maintain use/closure of NE 2'd Avenue.
If you have any further questions or clarification, please feel free to
contact me. Thank you for your concern and assistance.
Regards,
Nancy Stewart
Executive Director
Delray Beach
Festival Association,
Inc.
10 S.E 1st Avenue
Second Floor
Delray Beach
FL 33444
Vendors & General Info
Tel: (561) 279-0907
Sponsor Info
Tel: (561) 274-4663
Fax: (561) 274-6129
www.dbgarlicfest.com
May 31, 2001
Mr. Bob Barcinski
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Bob,
B E A C He
"' NO I lV I OOSSV ~
As I indicated in our meetings, we have serious concerns regarding moving our event at this
late date and the economic impact it could cause our event and the negative impact to
downtown Delray Beach merchants. As I mentioned, we get a tremendous positive response
from local restaurants and shops regarding the patrons who attend our event. Not only does
our event benefit non-profit organizations, local merchant's state that they have the 'best
weekend since season'!
After careful consideration, we have concluded that to make a change in venue at this late
date, Delray Beach Festival Association must have a commitment from the City to support
and promote our event at the new location. This requires a financial commitment to assist us
in the cost of educating attendees of the new location. We understand our migration to the
Tennis Centre is beneficial for the City, the Tennis Centre, and most importantly the
development of West Atlantic Avenue. We would like to make the initial transition so that we
maintain the 'street festival' feel, migrating more of the event inside the grounds of the Tennis
Centre as the festival continues to grow.
In consideration of relocating our established event to a new venue, we propose the following
for consideration by City Commission:
1) Closing of N.W. 1=t Ave. @ E. Atlantic Avenue to N.W. 1`t Street (in front of Parks &
Rec.). Main entrance proposed for NW 1,t Avenue and W. Atlantic Avenue also
utilizing the fenced area between Parks & Recreation and City Hall.
2) Use ®f CRA lot behind Dunkin' Donuts and the Parks & Recreation lot for event
grounds and City Hall lot and Court House for free parking.
3) $5,000 financial assistance/grant from City to be used exclusively for an advertising
campaign to promote the move of our event and the Tennis Centre. This is crucial to
us because our advertising dollars are already committed AND because we feel
strongly that we cannot successful move the event without flooding the public with
exciting ads to entice them to attend the event at the Tennis Centre. We also feel
that it would eliminate issues that arise with existing sponsorships and contracts
already secured, In the past, we drew a great number of people into the event due to
the convenient location, which generates walk-by traffic.
4) Absorb costs to produce and install prominent signage on W. Atlantic Avenue (both
directional signage to event and free parking along with promotional - i.e., large
banner hung across Atlantic Ave. (@ SW 1~' Street), large banners on Tennis Center,
flashing DOT signs on W. Atlantic with Garlic Fest information, etc.)
5) Provide and install prominent directional/event signage inside event (i.e., use of
sponsor boards, signs to VIP Hospitality area, Restrooms, Volunteer Area and Main
Stage). Another concern for utilizing the Tennis Center is the fact that our event
would be 'cut up' and the flow of patrons may appear as though there are very few
attendees, creating the image that the event is not successful.
6) Waive all overtime fees for Police, Fire and Parks & Recreation staff.
7) Waive fee for site rental and services.
8) Cover (install flooring) on 2 courts for use as Main Stage area.
9) Remove miscellaneous fencing on 4 courts and removal of approximately 30 ft. of
green fence mesh. This would provide exposure to public, so that could see that
something was going on inside Tennis Center.
10) Pay for installation of a new gate on East side (facing 1 ,t Street) providing
access/flow into Main Stage location.
11) Permit bails of hay to be placed in areas for seating.
12) Waive rental fees for use of box office for Cash Room
13) Use of restroom facilities on North side of Tennis Center (behind Parks & Rec)
C~ty Req Ltr 2000 doc
Delray Beach
Festival Association,
Inc.
10 s.£. 1st Avenue
Second Floor
Delray Beach
FL 33444
Vendors & General Info
Tel: (561) 279-0907
Sponsor Info
Tel. (561)274-4663
Fax (561) 274-6129
www dbgarhcfest corn
14) Waive rental fees for use of Champion Club Room for VIP Hospitality Area.
15) 3 year commitment to secure a reduced rental fee of $900 per day for stadium rental
in order to strategize entertainment options for our new opening night concerts.
In addition to the above, the Delray Beach Festival Association maintains the original request
for the following:
1) Signaae Reauest:
a) Waiver of event signage timing lifted in order to display signage 2 - 3 weeks prior
to event.
b) Installation of 36 banners on Atlantic Ave.
c) Event & Parking Signage in appropriate areas (to be determined once parking is
secured).
d) Barricades (placement to be determined)
e) Event signs at 195 & Atlantic Avenue, Federal South of Linton, Federal North of
George Bush.
2) Installation and production of necessary signage throughout the City as listed in #1.
3) Use of both Parks & Recreation stages and bleachers.
4) Clean-up services (during & after event in conjunction with SWA) ongoing during and
after event (Coordinating w/Parks & Rec).
5) Usage of lighting & electricity.
6) Temporary shut down of sprinklers in festival area.
7) Waiver to permit alcoholic beverage consumption on festival grounds.
9) Waiver of noise ordinance for music.
10) Provide Police coverage/security and Fire Department Rescue and First Aid.
11) Distribution of garbage and recycling containers on festival grounds and clean-up
during and after event.
The event is requesting these items to be added to the agenda of the June 12, 2001 meeting
of the City Commission.
I have not forwarded copies of the revenue, expenditures and contributions from last year's
event again since they were included with the previous request. Should you have any
questions, please contact me at 274-4663. Thank you for your consideration and support!
Sincerely,
Nancy Stewart
Executive Director
Delray Beach Garlic Festival
C~ty Req Err 2000.doc
April 16, 2001
Mr. Bob Barcinski
City of Delray Beach
100 N.W. 1 Avenue
Delray Beach, FL 33444
aB E A C
~NOI .L¥100SS¥ ~'
Dear Bob,
The Delray Beach Festival Association's 3'" Annual Delray Beach Garlic Festival, has been
approved for a Temporary Use Permit for approximately 200 feet of N.E. 1st Ave. on Block 76
adjacent to CRA Parking Lots as shown on the attached map and all of Old School Square
grounds. This portion of the City needs to be closed from 6:00 am Thursday, November 1,
2001 through midnight Sunday, November 4, 2001.
This festival will again be a gated event with an admission fee of $5 per person. This
admission fee is charged in order to guarantee monetary contributions to volunteer and non-
profit organizations working our event.
We have added an extra day to our event this year and the dates are Friday, November 2nd,
2001 (5:00 pm - 11:00 pm), Saturday, November 3rd, 2001 (10:00 am to 11:00 pm) and
Sunday, November 4th (10:00 am to 6:00 pm).
We are
1)
2)
3)
4)
5)
requesting that the following area be barricaded at locations outlined below:
The entrance to N.E. Ist Ave. @ E. Atlantic Avenue (adjacent to Old School Square)
North to N.E. 1"t Street.
N.E. 2"d Ave. @ the alley entrance (approx. 200 feet North of E. Atlantic Ave.) North
to N.E. 1't Street.
Closing of this portion City needs to be closed by midnight on Weds., October 31st in
order to begin installation of fencing and ensure that all vehicles are removed from
lots.
Our main entrance will remain at the corner of Atlantic Avenue and NE Ist Avenue.
We also want to request approval for a 2nd entrance at the arch entering into
Pineapple Grove at the corner of Atlantic Avenue and NE 2nd Avenue.
Use of lot on North side of City Hall as free parking area for patrons of event, along
with signage directing them to lot.
The Delray Beach Festival Association is also requesting approval for utilization of City Staff
for the following:
1) Siana0e Reauest:
a) Waiver of event signage timing lifted in order to display signage 2 - 3 weeks prior
to event.
b) Installation of banners on Atlantic Ave. (use of lamp posts for signage display),
signage on Federal Highway North of Linton, Federal High North of George Bush
Blvd., W. Atlantic Avenue East of 195 and Linton Blvd. East of 195.
c) Event & Parking Signage in appropriate areas (to be determined once parking is
secured).
d) Barricades placed at CRA Lot (Block 76) by noon on Friday, November 2nd, 2001,
CRA Lot directly North of Dunkin Donuts.
2) Installation and production of necessary signage throughout the City as listed in #1.
3) Use of both Parks & Recreation stages (including cover). Large stage to be set-up on
grounds of Old School Square (see site plan) and smaller stage to be set-up on the
North side of Atlantic Avenue; on South side of Christmas tree.
4) Clean-up services (during & after event in conjunction with SWA) and usage of
adjacent dumpsters (Coordinating w/Parks & Rec).
5) Usage of street lights & electricity at all strategic locations as shown on attached map.
6) Temporary shut down of sprinklers in festival area.
7) Grass to be cut week of event on Old School Square Grounds.
8) Waiver to permit alcoholic beverage consumption on festival grounds.
9) Waiver of noise ordinance for music.
City Req Ltr 2000.doc
Delray Beach
Festival Association,
Inc.
10 S.E. 1st Avenue
Second Floor
Delray Beach
FL 33444
Vendors ~. General info
Tel: (561) 279-0907
Sponsor Info
Tel: (561) 274-4663
Fax: (561)274-6129
www.dbgarlJcfest,com
Page 2
10) Provide Police coverage/security and Fire Department Rescue and First Aid.
11) Distribution of garbage and recycling containers on festival grounds and clean-up
during and after event.
12) Eady installation of Christmas Tree (by Nov. 1,20001) so that we may use grounds for
children's area again this year.
Proposed parking for the festival will be along Atlantic Avenue, Public Parking lot located on
S.E. 18t Avenue (behind J.W. Genesis building) and the CRA Parking lots 2, 3 & 4 / Block 60
located behind Dunkin Donuts. Additional parking (i.e. City Hall lot) pending City approval.
The event is requesting these items to be added to the agenda of the May 2001 meeting of
the City Commission.
Per your request, I have also attached the breakdowns of revenue, expenditures and
contributions from last year's event. Should you have any questions, please contact me at
274-4663. Thank you for your consideration and support!
Sincerely,
Nancy Stewart
Executive Director
De/ray Beach Garlic Festival
cc: Bob Barcinski
city Req Ltr 2000.doc
SWINTONAVENUE
WEST
m
Old School
Square
Museum
Power
Toilets
Children's
Area
·
·
m
Crest
Theatre
Amphitheatre
~* Censtruction
J~
m
Toilets .
NE 1.ST AVENUE
DIUGS
LLI
FRE~ : R(~i FRX NO. : 5612746129 Rpr. 24 21;~1 01:1E~1 P2
3RD ANNUAL DELRAY BEACH GARLIC FEST
(PROPOSED INCOME AND EXPENSES)
ADMIN AND (
ADMiSSiONS &
SECURITY / POLICE / FIRE 5'MEDICAL
PLUMBING
ELECTRICAL
OEC, ORATING
FOOD / BEVERAGE
CLEANING / Y~SH
PARKING
INSURANCE ......
'UTILITIES
STAGE / .,,~OUND / LIGHTING
, MISCELLAN .E,,QUS
~AYROL~
DONATIONS/CONTRiBUTION TO NON-PROFIT ORGANIZATIONS ......
55,816
14,000
500
~,o0.q I
3,~oo I
I~TO.T, ,AL BUDGET
177~382 ~
FOOD RIGHTS/FOOD VENDORS .......
50,000
ADi~i~$SION$ '
..MARKETPLA~.,E VENDO.R SALI~"
GRANTS (CRA)
6O
TOTAL
2000 BENEFACTORS
2"~ Annual Delray Beach Garlic Festival
ATI2JVrIC HIGH EAGLE-EITF~ ..................................................... $2,500.00
BANYAN CREEK PTA ...................................................................... $1,200.00
CARVER MIDDLE SCHOOL ............................................................ $1,000.00
UN1TY OF ATIANTIC HIGH SCHOOL ................................................ $800.00
HAVEN FOR ABUSED CHILDREN ..................................................... $800.00
YOUTH COUNCIL OF DELRAY BEACH .............................................$300.00
DELRAY BEACH POLICE EXPLORERS .......................................... $1,600.00
BOYNTON/DELRAY EXCHANGE CLUB ............................................ $600.00
AVDA (AID TO VICTIMS OF DOMESTIC ASSAULT ............................ $100.00
OLD SCHOOL SQUARE .................................................................. $2,000.00
PINEAPPLE GROVE- DELRAY BEACH .......................................... $1,400.00
TOTAL .................................................................................. $12,300.00
04/18/01
Delray Beach Festival Association, Inc
Income by Customer Summary
January through December 2000
Accents & Decor 375.94
Al Tanzmen 250.00
Angers Beach Stuff 250.00
AT&T Wlraleee Servicee, Inc. 265.00
Bainbrigge - Polo Lakea Apartments 420.00
Body & Soul 250.00
Bonsai King 250.00
Candle Charactar~ 265.00
Carrabba'a Itsllen Grill 2,500.00
Casa Bella Imports 100.00
Dana Fox 250.00
DBFA -107,861.75
ECR 250.00
EIIts Promotional Marketing, Ino. 2,500.00
Fairfield Communltite~, Inc. 1,500.00
Fantasy Fun 250.00
Florida Wireleee Servicee 250.00
Flying Chile Pepper 250.00
Fun Zone 250.00
Garden Party 100.00
Gavilan DePcats 250.00
Grow-Mot of Florlde 200.00
Italian Rose Garlic Products, Inc. 10,000.00
Jerky Hut 250.00
Karen Hlnely 250.00
Kid ~ate Pool Nets, Inc. 250.00
Kyoto Sushi Sake Lounge 250.00
Uttle Bandito 250.00
Marly Seylar 100.00
Millennium National Events 250.00
Nina'a Swimwear 250.00
Office Depot 5,500.00
Orange Royal 275.00
Pampered Chef 265.00
Princess Bear 390.00
Publix 550.00
Rothman Family Chiropractic 415.00
~ Adams 1,000.00
SFP&S 17,971.00
Sherrya Sbenanigena All Star Dipa 250.00
Sliver Coeet 265.00
Stlnae'a Hals 100.00
Strawberry Tree Farms 250.00
Sun Coast Health Care 250.00
Terra Cotta Garden 250 O0
The Olde Pickle Barrel 100.00
The Palm Beach Post 1,750.00
The Sand Box 250.00
Toube Africen Art & Jewelry 249.00
Tupperware 250.00
Web Janitorial 235.85
Wm. Wrigley Jr. Company 2,500.00
TOTAL -51,919.96
Page I
04/18/01
Delray Beach Festival Association, Inc
Expenses by Vendor Summary
January 2000 through January 2001
Jan '00 - Jan '01
A-A Locksmith 79.50
Accurate Event Servicce 9,228.95
Ace Hardware 51.03
Al Johnson 150.00
Aldrich Party Rental 2,166.13
AmsCan Express 251.38
Atlantic High Eagle-Ettce 2,5(:X).03
AVDA 100.00
Avenue Creative Group 2,898.93
Avenue Storage 103.88
Bank of America -835.00
Banyan Creek PTA 1,2(X).00
BBF 140.46
BellSouth 2,298.45
Boca News 24.52
Bone Barricades 450 00
Boynton/Delray Exchange Club 600.00
Carrabba'e 3,060.00
Carver Middle School 1,000.00
Cash 149.03
Cheney Brothers, Inc. 6,625.67
City of Delrey Beach 4,663.89
Costco 79.29
CRA 228.03
Dalray Beach Chamber of Commerce 325.50
Department of Btste 150.00
Equity Insurance Underwriters, Inc. 2,600.03
Evana, A. 3,000.03
Federal Express 291.46
FFEA 403.00
FL Salsa Exchange -750.00
Florida Department of Revenue 3,647.09
Fone Man 835.18
Frederic T. Dehon, Jr., P.A. 1,244.70
Frlandly John, Inc. 2,907.50
Great American Sign Company 2,114.75
Hands Office Supply 23. t 1
Hayes ElaclHc 1,612.40
Home Depol 250.85
Intermedla Communications 28.31
J.M. Global 640.00
Jack Hammer Uve Audio 3,650.00
Jetport II 194.27
John lC Clark, CFC 97.18
Landmark Education 775.00
Larry BeHond 600.00
Lcenn® Grifflth 100.00
Lewla Cullen 500.03
Ughtyssr 44.22
Mama Clown & Friends 250 00
Mathlson & Mathlaon 198.85
Matt Whalen 1,309.53
McAIplne Towing 45.00
Mlllanlum Electrical Contracting 107.50
Mlllanlum National Events 1,854.34
Nancy Stewart 3,333.05
National Fencing 3,005.10
NationsBenk 1,315.35
Neff Rental, Inc. 1,201.47
O. Depot 578.80
Oceanside Produce 73.55
Old School Breed Co. 1,162.50
Old School Square 1,000.03
Orquesta Breve 700.00
Palm Beach County Health Dept. 50 00
Palm Beach Post 3,500.00
Party City 33.64
P~ge 1
04/18/01
Delray Beach Festival Association, Inc
Expenses by Vendor Summary
January 2000 through January 2001
Jan '00 - Jan '01
Pat McLaughlln 190.00
Petrlzla Seeppa 5,008.19
PB Po~t 62.01
Pineapple Grove Main Street Program 1,700.00
Police Explorere - Pcet 319 1,600.00
Postmaster 338.00
Printing Plue 343.18
Rexel Consolidated 55.58
RK PROMOTIONS 1,272.80
Ryan, Bern 3,664.16
Ryder Truck Rental 304.25
8an Franclaco Puffs & Stuffs 1,033.50
Sari Mitchell 1,000.00
8colt Ringersen 200.00
stterwin Williams 49.38
8mall Tent Man Rental, Inc. 4,015.00
8outbern Wine & Spirits 1,461.40
Sprint 134.37
Steinberg, M. 638.15
8ube On Swlnton 127.20
Sun Sentinel 65.46
Target 84.78
The Cook's Comer Outlet 175.80
The Haven 200.00
The Margarita Man 500.00
Troplce Entertainment 7,350.00
U-store-It 311.64
Unity - Atlantic High School 800.00
UPS 170.51
ValueWeb 253.32
Veleaquez, Richard 1,000.00
Wm. Thlee & Sons, Inc. 3,194.90
WPBF-25 10,000.00
Youth Council of Delray Beach 300.00
TOTAL 129,823.11
Page 2
1999 BENEFACTORS
1~ Annual Delray Beach Garlic Festival
PINE GROVE SCHOOL OF THE ARTS PTA ..................................... $1,500.00
BANYAN CREEK PTA ...................................................................... $1,200.00
FOOTBALLTEAM ATLANTIC HIGH SCHOOL .................................. $1,300.00
UNITY OF A'I'LAN~C HIGH SCHOOL ................................................ $800.00
HAVEN FOR ABUSED CHILDREN ..................................................... $600.00
YOUTH COUNCIL OF DELRAY BEACH ............................................. $400.00
GREATER DELRAY BEACH CHAMBER OF COMMERCE
CHARITIES INC. EDUCATION FOUNDATION .................................... $400.00
DELRAY BEACH POLICE EXPLORERS .............................................$400.00
BOYNTON/DELRAY EXCHANGE CLUB ............................................ $400.00
LAKE WORTH CHRISTIAN ................................................................. $200.00
AVDA (AID TO VICTIMS OF DOMESTIC ASSAULT ............................ $130.00
THE CULINARY INSTITDTE-ROSA 7USA FUND ............................. $1,000.00
CRA (upgrade to electric in CRA lot) ............................................... $2,800.00
MIIAGRO .......................................................................................... $200.00
OLD SCHOOL SQUARE .................................................................. $2,000.00
PINEAPPLE GROVE ARTWALK PROGRAM ..................................... $4,000.00
TOTAL .................................................................................. $17,330.00
~R~OM :- LADY LUCILLE FAX NO. : Jun. 07 2002 04:18PM Pi
t,unch & Dinner Cruises
Sightseeing & Charters
Phone: (561) 733-1899 Toll Fre~: (800) 579-5085
Fax: (561) 392-5002 emafl: info(~ladylucille.com
Web Site: www.ladylueille.com
Lady Lucille Fax Cover Sheet
'lifts Fax Sent From: Office
Number of~nclMmg this sh~(
I000 Southwest 1 st Way, Boca Rator~ Florida 33486
,'FF~OM ,: LRDY LUCILLE FAX NO. ; Jun. 87 2882 84:11PM P2
To:
From;
Delray Beach Police Department
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
David Harden
City Manager
City of Delray Beach
Officer Skip Brown
Volunteer Coordinator
Delray Beach Police Department
NI-AmericaCity
993
Date: June 5, 2001
I would like to request permission to make a presentation to the city commission in their
upcoming workshop scheduled on June 12, 2001. The information presented would
include information on the state initiative program called "Elder Ready Community". I
would like to implement this program in Delray Beach and in order to accomplish this
task I am going to need the backing of the City Commission. Items to be discussed are as
follows:
The city Commission will need to create a "Committee On Aging" made up of
personnel who wish to work to make Delray Beach an Elder Friendly place to live
· This Committee On Aging would be responsible for completing the Elder Ready
Report Card which is an assessment of our city's readiness to better accommodate our
senior citizens and their way of life
· Restaurants, sidewalks, lighting, bus stops, local businesses, housing as well as
transportation are only a few of the items to be looked at in order to be designated an
Elder Ready Community.
· The City Commission will play a huge role in this initiative and should make theft
intentions to support this program known to the public by proclamation.
The above is a quick overview with much more to be discussed at the workshop. I
estimate no longer than a 30-minute presentation. A representative from the OMEGA
group of Palm Beach County will be with me as well. Thank you for your consideration
/~1 be 1~ fo~y.hea~ 'ng~m you.
~i~er Skip B~n ~
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:01
Television .W~th an Educational Spml
Boca
Raton Educational
5801 North Congress Ave.
Boca Raton, Florida 33487
Television,
Phone: 561-893-6732
Fax: 561-893-6691
Inc.
March 21, 2001
Mu Janet Meeks
Education Coordinator
City of Delray Beach
100 NW lrst Ave..
Delray Beach, FL. 33444
Dear Ms. Meeks:
Please find enclosed the information about Boca Raton Educational Television that you requested. I also
enclosed a copy of our contract with the Ctty of Boca Raton. It would be our hope that the City of Delray
Beach would desire to enter into a similar contract, with smailar terms.
In the area of funding, I would direct your attenuon to Section 12 of the contract. This funding level would be
necessary in order for us to accomplish the programming goals we set forth in the proposal. Tlus includes the
$50,000 startup funds.
Thank you for your time and attention to this proposal. We are very excited at the prospect of providing the
City of Delray Beach with quality educational programs and opportunities. If you have any comments or
quesuons, please feel free to contact me~
David l~L Schmidt
Executive Director
ENCL: 1
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AGREEMENT
This Agreement is made this//z~ day of ~,,/. ,2000, by and between the City of
/
Boca Raton, Florida, a municipal corporation ("City"), and Boca Raton Educational
Television, Inc. ("BRET"), a nonprofit corporation, which agree as follows:
e
RECITALS
The City desires to provide support for the use of cable television Educational Access
Channels provided pursuant to federal law, which shall be channels which carry
programming and services for educational purposes in the City of Boca Raton, but
which are not available for use by the general public.
The City has granted franchises for cable television systems operated by Comcast
Cable Communications, Inc. and Adelphia Cable Communications Corp.
("Franchisees") in the City.
The City is negotiating to grant new franchise agreements for Cable Television
within the City.
The current franchise agreements with the Franchisees provide that certain channel
capacity will be provided for Educational Access, and it is anticipated that the new
franchise agreement(s) will also provide for Educational Access channel capacity.
The City has determined that it will provide support for Educational Access.
As set forth in BRET's Mission Statement: The mission of BRET is to promote,
develop, and deliver appropriate programming and services for educational purposes
in the City of Boca Raton; and to perform such other related activities as shall be
reasonably necessary to promote; 'manage, produce, operate and distribute
educational programming on or over the access channels available to City residents
who are subscribers to the local cable television system(s).
BRET has indicated its interest in providing Educational Access programming and
services.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties agree as follows:
2/23/00:4:!7 PM !
BRET Con~ract v 4
SECTION 1. SCOP~i OF SERVICES. In exchange for good and valuable consideration
provided by the City to BRET pursuant to this Agreement, BRET shall provide the
following services:
A. OPERATE THE EDUCATIONAL ACCESS CHANNEL. Operate the
Educational Access ChanneI in order to administer, coordinate and assist
educational institutions and other organizations serving residents in the City of
Boca Raton in producing programming; cablecast programming submitted by
such institutions and organizations that BRET accepts for cableeasting; and
eableeast programming produced or acquired by BRET.
B. DEVELOP OPERATING POLICIES AND PROCEDURES. Within 180 days of
execution of this agreement, develop policies and procedures for use and
operation of the educational access equipment, facilities, and channel and file
such policies and procedures with the City. Any change to the policies and
procedures shall be approved by the Board of Directors of BRET.
C. DEVELOP PROGRAMMING POLICIES. Within 180 days of execution of this
agreement, develop policies for programming that will be accepted for
eablecasting by BRET and file such policies with the City. Any change to the
policies and procedures shall be approved by the Board of Directors of BRET.
D. COMPLIANCE WITH LAWS RULES, AND REGULATIONS. Administer the
Educational Access Channel and facilities in compliance with: (i) applicable
laws, rules and regulations; (ii) this Agreement; (iii) the Resolution; 'and (iv) the
franchise agreements between the City and the Franchisees.
E. TRAINING. Train City resfdi~.nts and, when requested, City and school
employees and representatives of organizations serving residents in the City of
Boca Raton in the techniques of video production, and provide technical advice
in the execution of productions.
F. PLAYBACK/CABLECAST. Provide for the playback/cablecasting of programs
on the Educational Access Channel. Within 90 days of execution of this
agreement, BRET shall provide programming for playback/cablecasting on the
Education Access Channel. The programming provided by BRET shall be
2/23/00:4:17 PM 2
BRET Contract v 4
dif£erent'from and in addition to the programming currently cablecast by the
City. Within twelve months of the completion and opening of its access control
center, BRET shall cableeast an average'of 56 hours of local original, replayed
and outside programming per week.
G. MAINTEN~4NCE OF EQUIPMENT. Provide regular maintenance and repair 6f
all video equipment purchased with monies received pursuant to this
Agreement and/or donated, loaned, or leased to BRET by the City.
H. PROMOTION. Actively promote the use and benefit of the Educational Access
Channel and facilities to members of the community in the City of Boca Raton,
and the Franchisees.
I. OTHER ACTIVITIES. Undertake other educational access programming
activities and services as deemed appropriate by BRET and consistent with the
obligation to facilitate and promote educational access programming, access for
educational institutions, and educational programming by and for the benefit of
other organizations serving residents in the City of Boca Raton consistent with
the BRET Mission Statement.
SEC-'T/ON 2. INDEMNIFICATION. BRET shall indemnify, defend, and hold harmless
the City, its elected officials, officers, agents, employees, and volunteers from and against
any and ali claims, suits, actions, causes of action, losses, damages, or liabilities of any
kind, nature or description, including payment of litigation costs and attorneys' fees,
brought by any person or persons for or on account of any loss, damage or injur~ to person,
property or any other interest, tangible or intangible, sustained by or accruing to any
person or persons, however caused, directly or indirectly arising or resulting from any
alleged acts or omissions of BRET, its officers, employees, agents or subcontractors
arising out of or resulting from the performance of this Agreement.
BRET shall further indemnify, defend, and hold harmless the City, its elected officials,
officers, agents, employees and volunteers from and against any and all claims or other
injury, including costs of litigation and attorneys' fees, arising from or in connection with
claims or loss or damage to person or property arising out of the failure to comply with any
applicable laws, rules, regulations or other requirements of local, state or federal
authorities, for claims of libel, slander, invasions of privacy, or infringement of common
2/23100:4:17 PM 3
BRET Contract v 4
law or statutory COl~yright, for breach of contract or other injury or damage in law or at
equity which claims, directly or indirectly, result from BRET use of channels, funds,
equipment, facilities or staff granted under this Agreement or the franchise agreement.
SECTION 3. DISTRIBUTION RIGHTS.
A. BRET shall require that all programs produced with funds, equipment,
facilities, or staff granted under this Agreement shall be distributed on the
channel use of which is authorized by this Agreement. This subparagraph shall
not be interpreted to restrict other distribution (beyond distribution on the
channel authorized by this Agreemen0, so long as such other distribution is
consistent with any pertinent policies and proce.3ures established in BRET's
operating policies and procedures, and shall not restrict the City's use or
distribution of programming that the City produces.
B. At least at the beginning and end of each day that video programming is
cablecast on the Educational Access Channel which use is authorized by this
Agreement, BRET shall display a credit stating: "Support for the operation of
this channel is provided by the City of Boca Raton." Such credit shall also state
that opinions expressed in cable, cast programs are the sole responsibility of
BRET or of the program producers.
SECTION 4. EOUIPMENT AND FACILITIES.
2/23/00:4:17 PM
BI~ET Contract v 4
BRET shall be responsible for maintenance of all equipment and facilities
owned, leased or loaned to it under this Agreement or purchased with funds
provided pursuant to this Agregment.
BRET shall own all equipment and facilities acquired by it and purchased with
funds received pursuant to this Agreement, except that upon termination or
non-renewal of this Agreement ali such equipment or facilities purchased with
funds received from the City pursuant to this Agreement shall become the
property of the City.
To secure all of its obligations under this Agreement, BRET hereby grants to
City a security interest in all of the assets and interests owned or hereafter
acquired by BRET with funds provided by the City, and the proceeds thereof,
4
including~ but not limited to, BRET deposit accounts and inventory, and ali
equipment and fixtures, that are or were acquired with funds provided by the
City. BRET agrees to take all steps reasonably requested by the City Manager
to perfect and enforce the City's security interest, including the execution and
processing of financing statements under the Florida Uniform Commercial
Code. BRET will also notify any institution with which it now or hereafter
maintains any deposit account of the existence of the City's security interest in
the account.
The City Manager in his or her sole discretion may agree to subordinate the
City's interest if necessa~ to finance the purchase of equipment or property by
BRET. The subordination shall only be with respect to the specific equipment
or property that BRET might wish to finance.
Upon termination or expiration of this agreement or the dissolution of BRET,
BRET shall, subject to the approval of the City, transfer all assets representing
City-funded equipment and facilities, and/or the proceeds of any sale of
equipment and facilities to the City or, at the City's option, to such not-for-
profit organization or organizations, authorized as tax-exempt under Section
501 (e)(3) of the United States Internal Revenue Code, designated by the City to
manage the Educational Access channel(s).
The City will permit BRET to recommend where remote origination locations
shall be installed as set forth in the pending franchise agreement. The City will
negotiate with the cable television franchisee(s) to require that BRET's access
control center be included in the remote origination locations specified in the
franchise agreements. ' '
SECTION 5. INSURANCE. BRET shall maintain in full force and effect at all times
during the term of this Agreement insurance as required by this Section, to the extent such
insurance is commercially available. The cost of such insurance shall be borne by BRET
and may be included in BRET's annual budget.
A. COMPREHENSIYE LIABILITY INSI/J~.NCE. Comprehensive liability
insurance, including protective, completed operations and broad form
2/23/00:4:17 PM 5
BRET Contraot v 4
contractu/~l liability, property damage and personal injury coverage, and
comprehensive automobile liability including owned, hired, and non-owned
automobile coverage. The limits of such coverage shall be: (1) bodily inju~
including death-- $1,000,000 for each person, each occurrence and aggregate;
(2) property damage -- $1,000,000 for each occurrence and aggregate.
B. EQUIPMENT INSUR~4NCE. Insurance shall be maintained on all equipment
and facilities, including fixtures, funded in whole or in part under this
Agreement at replacement cost. The insurance shall include, at a minimum,
insurance against loss or damage beyond the user's control, theft, fire or natural
catastrophe. The City shall be shown as lien holder on all policies where
applicable.
C. WORKERS' COMPENSATION. Full Workers' Compensation Insurance and
Employer's Liability with limits as required by Florida law with an insurance
carrier satisfactory to the City.
D. C,~BLECASTER'S ERRORS ~JND OMISSION INSUR~INCE. Insurance shall be
maintained to cover the content of productions which are cablecast on the
channel managed by BRET in, at minimum, the following areas: libel and
slander; copyright or trademark infringement; infliction of emotional distress;
invasion of privacy; plagiarism; misuse of musical or literary materials. The
policy shall not be required to cover individual access programmers.
E. CITY ~4S CO-INSURED OR ~4DD1TION~4L INSURED. The City shall be
named as co-insured or additional insured on all aforementioned insurance
coverage. All policies shall.provide that no cancellation, major change in
coverage or expiration may be effected by the insurance company or BRET
without first giving the City at least 30 days written notice prior to the effective
date of such cancellation or change in coverage.
F. NOTIFIC~4TION OF COVEP~GE. BRET shall file with the City proof of
insurance coverage in a form acceptable to the City Manager.
G. LIMITS OF COVER/IGE. Notwithstanding any of the above, all insurance
coverage required by this Agreement shall at all times be provided at a level
2/23/00:4:17 PM 6
BKWI' Con~ract v 4
and with' limits acceptable to the City Manager. At such time as the City
Manager determines that higher minimum liability or other insurance coverage
is required for other entities providin~ services to the City that maintaih
insurance in the manner required herein, BRET will provide the higher
minimum insurance coverage required by the City. The City Manager will
provide BRET with a minimum of 60 days notice prior to the effective date of
the increased coverage requirement.
SECTION
A.
6. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE.
BRET shall not discriminate against any person, employee or applicant for
employment or subcontractor on the basis of race, color, creed, religion, sex,
sexual preference, marital status, ancestry, national origin or physical or mental
handicap.
BRET shall not discriminate in the delivery of services on the basis on race,
color, creed, religion, sex, sexual preference, marital status, ancestry, national
origin or physical or mental handicap.
SECTION 7. INDEPENDENT CONTRACTOR. It is understood and agreed that BRET
is an independent contractor and that no relationship of principal/agent or
employer/employee exists between the City and BRET. If in the performance of this
Agreement BRET employs any third persons, such persons shall be entirely and
exclusively under the control, direction and supervision of BRET. All terms of
employment, including hours, wages, working conditions, discipline, hiring and
discharging or any other term of employment shall be determined by BRET, and the City
shall have no right or authority over such persons or terms of employment.
SECTION 8. CITY REPRESENTATIVE ON BRET BOARD OF DIRECTORS. In order
to ensure that the City's ne~s and interests in Educational Access are available to be
considered by BRET, the City Manager (or his or her designee) shall be a member of the
BRET Board of Directors, with full rights as a Director.
SECTION 9. ASSIGNMENT. Neither this Agreement nor any interest herein shall be
assigned or transferred by BRET, except as expressly authorized in writing by the City
2/'23/00:4:17 PM 7
BRET Contract v 4
Council after a noticed public hearing.
SECTION 10. ANNUAL REPORTS. ANNUAL pLAN. AND BUDGET.
Ao
BRET shall, prior to March 15 of each year after January 1, 2001, in which this
Agreement is in effect, provide to the City an annual report for the preceding
minimum, the following
calendar year. This report shall contain, at a
information:
1. Statistics on programming and services provided.
2. Current and complete listing of BRET's Board of Directors.
3. Year-end financial statements.
4. Anticipated programming for the coming year.
5. A performance review of its operations during the prior year of this
agreement. The review shall include an analysis of whether or nor BRET
has met the goals and objectives established for the previous year and shall
identify goals and objectives for the coming year. This performance review
shall also establish a five-year plan containing near- and long-term goals
and objectives for Educational Access programming.
B. On or before April 30 of each year in which this agreement is in effect, the City
shall provide BRET with an estimate of the funds that will be available to
BRET for the upcoming calendar year.
C. On or before June 15 of each year in which this Agreement is in effect, BRET
shall provide to the City an Arinual Plan and Budget outlining activities and
programs planned for the following riscal year with funds received from the
City. Such Plan and Budget shall contain the following information:
1. Description of training classes to be offered and the frequency of classes.
2. Description of other access activities planned by BRET.
3. Detailed operating and capital equipment and facilities budget.
4. Detailed programming schedule.
2/23/00:4:17 PM
BRET Contract v 4
SECTION ] 1. RECORDS.
A. BRET shall maintain all necessary books and records, in accordance with
generally accepted accounting principles.
B. Upon reasonable request from the City, BRET shall, at any time during
normal business hours, make available all of its records with r. espeet to ail
matters covered by this Agreement.
C. If BRET is or becomes subject to Florida public records law, it shall comply
with such requirements and make its records available in accordance with
such law.
SECTION 12. FUNDING AND OTHER RESOURCES. The City agrees to make the
following funds and resources available to BRET:
A. The Franchisees have each dedicated specific channel capacity (spectrum
on the cable systems) for Educational Access use. The City agrees to
permit BRET to manage that channel capacity for Educational Access
programming purposes. This Agreement provides for the assignment of no
more than one channel.
B. Funding for Educational Access Facilities and Equipment.
1. Within 10 days of the execution of this Agreement, the City will provide
$50,000 to BRET.
2. The City shall pay BRET a sum equal to one percent (1%) of the City's
Cable Television franchisee(s)' gross Cable Television revenues derived
from Cable Television services within the City, from payments received by
the City after July 15, 2000. Payments shall be made BRET quarterly, as
stated in Section 14 of this Agreement.
3. Thc City agrees to consider requests by BRET for additional funding, but
shall not be obligated by this Agreement to provide funds beyond those
provided in subsections 1 and 2 above.
C. Other Support by the City.
1. The City shall make available to BRET at least 50% of all advertising and
2/23/00:4: ! 7 PM 9
BRET Contract v 4
prom~)tion time made available by the Franchisees for the promotion of
Educational and Governmental Access Channels and programming.
BRET shall provide to the City information promoting BRET to be included
in the City's regular newsletter mailings to its residents. The City shall
make time available on the Government Access Channel for the promoti6n
of BRET provided that the regular programming schedule of the
Government Access Channel shall not be disturbed to allow for such
promotion, as determined by the City Manager.
SECTION 13. EXPENDITURE OF FUNDS. BRET shall spend funds received from the
City solely for the purposes listed in its Annual Plan and Budget and Section 1 (Scope of
Services) of this Agreement. Funds not expended in the year covered by the Annual Plan
and Budget may be carried over by BRET into succeeding years' annual plans and
budgets. Upon termination of this Agreement, all funds of any kind received from the City
and not expended by BRET shall be returned to the City. BRET shall provide for such
fiscal control and accounting procedures as are necessary to assure proper disbursement
and accounting for all funds received from the City.
SECTION 14. RECEIPT OF APPROVED FUNDING. For each year in which BRET has
submitted the Annual Plan and Budget to the City as required under Section 10 of this
Agreement, the City shall make quarterly payments to BRET, subject to receipt of
payments from the City's Cable Television franchisee(s) as provided in Section 12 of this
Agreement. Those payments shall be made on or before November 15, l~ebruary 15,
May 15, and August 15 of each fiscal year of the City. The first quarterly payment under
this agreement shall not be made until August 15, 2000, prorated for fiscal year 1999-2000.
SECTION 15. FIJlqD~G FROM OTHER SOURCES. BRET may, during the course of
this Agreement, receive supplemental funds from other sources, including, but not limited
to, fundraising activities. BRET may, in its discretion, grant naming fights for facilities
utilized by BRET in exchange for such funding. Naming rights granted to contributors
shall survive this Agreement and shall be honored by the City or any successor operator for
the full naming term originally granted by BRET.
2/23/00:4:17 PM I 0
BRET Contra~ v 4
_SECTION ! 6, ...TERM OF AGREEMENT.
The initial term of this Agreemenf shall be for a period of five yea'rs
unless terminated earlier, as provided in this Agreement.
The agreement may be extended for one additional period of five years,
pursuant to the following process:
In the sixth month of the fourth year of this Agreement, BRET shall
submit to the City Council a letter of intent requesting the extension of
the agreement for one additional period of five years, along with a
performance review and financial and management audit. The
performance review shall include formal input from educational access
users, organizations serving residents in the City of Boca Raton,
educational institutions, other broadcasters, the public, and cable
subscribers, and shall be utilized by City Council to determine the
compliance of BRET with its obligations as defined in this agreement
and its achievement of its mission and programming and related goals
and objectives. In addition to the performance review, BRET shall
retain a certified public accountant to prepare and submit to the City
Council a detailed financial and management audit. This management
audit shall include verification of data provided in annual operations
reports and the performance review, detailed analysis of the propriety of
expenditures and the achievement of program objectives through
budgetary allocations.
2/23/00:4:!7 PM
BRET Contract v 4
The City Council shall within 90 days of receipt of BRET's request hold
a noticed public hearing to determine if BRET has been and is generally
in compliance with the terms and conditions of this agreement. If the
City Council makes a determination of compliance, it shall renew this
agreement for one additional period of five years. If the City Council
makes a determination of non-compliance, this agreement will terminate
at the end of the first five-year period. Notwithstanding the foregoing,
I!
in'no event shall the term of this agreement and any extension thereto
extend beyond the term of the City's Cable Television Franchise
Agreement(s) as negotiated after ihe execution of this agreement.
BRET may request that this Agreement be renewed for one additional
period of five years after the extension provided for in Section 16.B. I~r
BRET seeks such renewal it shall, during the final year of this Agreement
as extended, but no later than 180 days prior to the expiration of this
Agreement as extended, submit to the City Council a letter of intent
requesting that the Agreement be renewed, along with a performance
review and management audit, in the same manner as described in Section
16.B of this agreement. The City Council shall hold a public hearing on
BRET's request for renewal within 90 days prior to the expiration of this
Agreement as extended and may, in its sole discretion, renew the
agreement.
SECTION 17.
A.
TERMINATION OF AGREEMENT: TRANSFER OF ASSETS.
The City shall have the fight upon written notice to BRET, as provided
herein, to terminate this Agreement for any of the following reasons:
1. Breach of any material provision of this Agreement by BRET (for
purposes of this Agreement, cableeasting by BRET of programming
not consistent with its Mission Statement shall constitute a significant
breach).
2. Failure to provide pro. gmmming in accordance with this agreement.
3. Failure to perform any obligation required by this agreement.
4. Malfeasance, misfeasance, misappropriation of public funds.
5. Loss of tax exempt status by BRET.
B. BRET may avoid termination by curing any such breach to the satisfaction
of the City under the following conditions:
1. Cablecasting by BRET of programming not consistent with its
2/23100:4:!7 PM
BRET ~ontract v 4
Mission Statement, the terms and conditions of this agreement, and
12
BRET's approved policies and procedures shall be deemed a
significant breach and major event of default, and the City may
terminate this Agreement upon 45 days final notice to BRET,
subject to the notice and review procedures provided in Section
17.B.3 of this Agreement. The City may agree to consider a specifi9
programming breach as curable. Such determination that a specific
programming breach is considered curable shall be applicable only
to that specific breach and shall not bind the City to consider any
future programming breaches as curable.
The City Manager shall notify BRET, in writing, of any breach of
any provision of this Agreement, other than a major event of default
as specified in Section 17.B.I. The notice shall specify the alleged
breach(es) with reasonable particularity. BRET shall either (i) cure
such alleged breach(es) within 45 days after the date of the notice of
default (or such longer period as the City Manager, in its reasonable
discretion'} may set forth in the notice of default); or (ii) in a written
response submitted to the City Manager within 45 days after the date
of the notice of default, present facts and arguments in refutation or
excuse of such alleged failure. If, after BRET makes a response to
the City Manager, the City Manager determines that a breach under
this Agreement has occurred, BRET shall cure such breach within
the balance of the time period specified by the City Manager or as
may be agreed upon by the parties as circumstances may warrant.
If BRET fails timely to cure the breach, an event of default will be
deemed to have occurred. In the event that BRET disagrees with the
determination' of the City Manager that an event of default has
occurred, BRET may petition the City Council for a review of the
decision of the City Manager. The decision of the City Council
shall be final.
Upon an event of default that is not timely cured, the City may:
a. terminate this Agreement,
2/23/00:4:17 PM
BRET Contract v 4
13
' b. Accelerate the expiration of the term of the Agreement by
decreasing the remaining term, provided that the remaining
term of the Agreement as accelerated pursuant to this
Section shall not be less than six (6) months;
c. Restrain, by injunction, the default or reasonably anticipated.
event of default by Company of any provision of this
Agreement;
d. Invoke any other available remedy that would be permitted
by law or in equity.
The City shall give BRET 45 days notice in writing when it
determines to pursue one or more remedies, but nothing herein shall
prevent the City from electing more than one remedy,
simultaneously, or consecutively, for any default.
C. The City may also terminate this Agreement at the expiration of its term, or any
extension or renewal thereof.
D. Upon termination of this Agreement, BRET shall promptly transfer to the City
all equipment, real property, fixtures, contra,ts, leases, deposit accounts or
other assets received by or purchased by BRET with funds received from the
City pursuant to this Agreement.
SECTION 18. TIME. Time is of the ess,nee in this Agreement and for the performance
of all obligations under this Agreement.
SECTION 19. COOPERATION. Each party agrees to execute all documents and do all
things necessary and appropriate to carry out the provisions of this Agreement.
SECTION 20. APPLICABLE LAW. This Agreement shall be interpreted and enforced
under the laws of the State of Florida.
SECTION 21. REMEDIES. BRET expressly acknowledges and agrees that its only
remedy under any circumstances involving a dispute as to the interpretation of this
agreement or BRET's performance or non-performance under this agreement is the
procedure provided in Section 17 of this Agreement, and that the City Council shall be the
final arbiter as to the interpretation of this Agreement or performance or non-performance
2/23/00:4:17 PM 14
BRBT Contract v 4
under this Agreemerit.
SECTION 22. NOTICES. All notices and other communications to be given by either
party may be given in writing, depositing the same in the United States mail, postage
prepaid and addressed to the appropriate party as follows:
To the City of Boca Raton:
City Manager
City of Boca Raton
201 West Palmetto Park Road
Boca Raton, FL 33432-3795
To BRET:
Boca Raton Educational Television, Inc.
P.O. Box 1797
Boca Raton, FL 33429
Any party may change its address for notice by written notice to the other party at any
time. Notices may be also delivered by facsimile or electronic mail. The party providing
notice shall be responsible for verifying delivery of the notice in whatever form notice is
transmitted.
SECTION 23. ENTIRE AGREEMENT. This Agreement is the entire agreement of the
parties and supersedes all prior negotiations and agreements whether written or oral. This
Agreement may be amended only by written agreement approved by the City Council after
a noticed public heating, and no purported oral amendment to this Agreement shall be
valid.
2/23/00:4: ! 7 PM I $
BRET Contract v 4
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written
above.
CITY OF BOCA RATON,
a municipal corporation
/- Carol G. Hanson, Mayor
Attest:~s~ at~ a Ca~~n~nan~
Approved as to form:
BOCA 1LATON EDUCATIONAL TELEVISION, INC.,
a nonprofit corporation
Title:
Date:
2/23/00:4:17 PM
BRET Contract v 4
16
Agenda Item No.
AGENDA REQUEST
Agenda request to be placed on:
Regular __ Special
~Wo~kshop
Consent
When:
Description of Agenda Item: ¢)~~ tgVl~ ~
Ordinance/Resolution Required: Yes / o~ Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attom. ey Review/Recommendation (if applicable) ~
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
HoldApproved for agenda: ~/No ~ Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
1/17/96
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April 26, 2001
William F. Andrews
217 NE 4th Street
Delray Beach, FI 33444-3828
Re: NE 4"' Street Widening
Dear Property Owner:
This letter is to inform you that the City of Delray Beach is proposing to widen the NE 4"' Street
roadway from 100 feet East of the intersection of NE 2~ Avenue and NE 4th Street to the FEC
railroad tracks. The proposed improvements include the construction of three travel lanes,
concrete curb and gutter, sidewalks on the North and South sides of street, and new concrete
driveway aprons. In order to accommodate the roadway design, the existing mahogany trees will
be removed from the right-of-way. In addition, the utility poles will be relocated to the North and
South right-of-way lines.
The project is anticipated to begin August 1, 2001 and will take 90 days to construct. Additional
notification of construction will be hand delivered by our Contractor prior to construction.
VVhile the contractor has been instructed to minimize any inconvenience to you dudng
construction, restrictions on vehicular access to your property for brief periods are anticipated.
We will work to minimize these conditions as much as possible. If you have any questions or
concerns regarding this project, please feel free to call me at 243-7322. Your cooperation in the
improvement of our City is greatly appreciated.
Sincerely Yours,
Barron E. Caronite, PE
Assistant City Engineer
CC:
File
Randal Krejcarek, PE, City Engineer
s:lengadminlprojectsl2OOO/2OOO-OO3/owner notification 4-29-01
WIIIlilm F.
217 H.E. 4t
Delr~y Becel
To; M~Vor D~vid $chmidt
cit~ of DeTray Bmmh
~00 ~.W. 1st Ave.
l~lrey BeAch. Fl. 33A44
Dear Mr, Mayor
Attached you ~ill ttnd si letter i~om yom
Caronim. I hope you will notice with sre~
widepin[ of N,tL 4~ St, rest, will require
m~l~ogany '~rees phn~ed by ~ke original
fl~e second owner Qt' this proper'~y I wa~
the previous owner, These zrees a~e mos
! hope :~ou ~ agree with me thee the
over a new s~dewe~ on the north side.
People corning fi~m Del Ida end lq. li,
or to vhe post office, It*, not [i~ we n~
~o ~So m~ to ~e sou~ eib, ~e no1
t~e ~immers iud ~nfin~e to pro~ a
on ~e na~ sma,) I find it ~ ~rb
sene~ty to hist~c ~d beeu~
It also alrpeurs th&t a c~ntrac~ hn niL'ut
CC: DavM HM'den. CiW M~er
Histori-- Pr~serv~Siot~ Board Mcmb~
d~nd;ews
Street
n.~sis~nt et~ enfineer, Barton
~t disgust, as I have, that the clzy
the zemoval o[ seventy year old
,cyclops? of tl~e street in 1929, A~ only
[yen thal; infQrrna~ion by Mrs. Minion,
~ in lood shape.
~-ill find that ¼ne widenin~ should occur
line up peri~ectly with r, hc lei~ef
~es~. Also there is room [er the sid~e~lk
'.-Ii~l~way.
.ess on the north side ere warth saving
ner~ really is no need f~r two sidewalks.
Smeez cross over st ~hird m lo shopping
all the em'A concrete.
~ ~de ~s ~n be ~pt ~m ~he u~i~
b~uti~l ~nopy for ~he road, (zt le~
scapin[ when opvi~
been let by ~e atty. Pious s~op this
h~ve rlo~.
20 oo
Department of Engineering
and Public Workz
PO Box 21229
West Palm Beach. FL 33416-1229
(561) 684-4000
wwwco palm-beach fl us
Palm Beach County
Board of County
Commissioners
Maude Ford Lee. Chair
Warren H Newell. Vice Chairman
Karen T Marcus
Carol A Roberts
Mary McCarry
Burr Aaronson
Tony Masflott~
County Administrator
Robert Weisman
'An Egual Opporatmty
Aff~rmanv¢ Acnon
October 13, 2000
Mr. Randal L. Krejcarek, P.E.
City Engineer
434 S. Swinton Avenue
Delray Beach, Florida 33444
Executed Agreement with the City of Delray Beach
Lake Ida Road/N.E. 4th Street from Swinton Avenue
to Federal Highway (US 1)
Dear Mr. Krej~arek:
The Interlocal Agreement for Lake Ida Road/N.E. 4th Street from Swinton
Avenue to Federal Highway (US 1) was executed by the Palm Beach County
Board of County Commissioners on September 26, 2000. An executed copy is
enclosed for your records.
Your cooperation and assistance in this matter of mutual interest is appreciated.
Sincerely,
G~ Handy Fra es, ~./~P.E.
Assistant County E~/gineer
GHF/mah
HF101300.2
Enclosure: Executed Interlocal Agreement
OCT 1- _
~ panted on recycled paper
R2000 427
CITY OF DELRAY BEACH AND
PALM BEACH COUNTY INTERLOCAL AGREEMENT
THIS AGREEME~, is made and entered into this day of __
~[~ ~ ~ , 2000, by and between the City of Delray Beach, a
political s~division of the State of Florida, hereinafter "CITY",
and PALM BEACH CO~Y, a political s~division of the State of
Florida, hereinafter "CO~Y".
WITNESS ETH :
~EREAS, the CITY and the CO~Y are authorized to enter into
this agreement pursuant to Section 163.01, Florida Statutes, as
amended, which pe~its local gover~ental units to make the most
e~ficient use of their powers by enabling them to cooperate with
other localities on a basis of mutual advantage; and
~EREAS, the CITY desires roadway and drainage improvements
along Lake Ida Road/N.E. 4th Street, from Swinton Avenue to
Federal Highway (US1), hereinafter "PROJECT"; and
~EREAS, the CO~Y is prepared to financially assist the CI~
through a rei~ursement process as the PROJECT progresses; and
~EREAS, the PROJECT is located entirely within the corporate
limits of the CITY; and
~EREAS, the Florida Department of Transportation's (FDOT)
records list the CO~Y as havin~ jurisdiction of Lake Ida
Road/N.H. 4th Street from Swinton Avenue to Federal Highway (US1);
and
~EREAS, the FEC Railroad has a Maintenance Crossing Agreement
with the CITY for this s~e section of road; and
~EREAS, the CITY and the CO~Y mutually agree under the
te~s of this agreement that it is in the public interest to
clarify the jurisdiction, control, title, interest, and maintenance
-i-
responsibility of Lake Ida Road/N.E. 4th Street from Swinton Avenue
to Federal Highway (US1) to be solely the CITY's responsibility
upon execution of the Agreement.
WHEREAS, both the CITY and the COUNTY declare that it is in
the public interest that the PROJECT be considered and implemented
as a joint effort; and
NOW, THEREFORE, for and in consideration of the mutual
covenants contained herein, the parties agree as follows:
1. The recitals set forth above are hereby adopted
incorporated in this agreement.
2. The CITY agrees to:
A.
and
Be solely responsible for the jurisdiction, control,
title, interest, and maintenance of Lake Ida Road/N.E.
4th Street from Swinton Avenue to Federal Highway (U.S.
1) immediately upon full execution of this agreement.
Accomplish the design, permitting, any required railroad
coordination, and construction of the improvements to
Lake Ida Road/N.E. 4th Street as described as the PROJECT
in paragraph 2.E. (1) below and with the time frame
described in paragraph 2.B.(2) below. /~
(1) The PROJECT shall consist of improvements tn~t y
include, but are not limited to, adding turn
lane(s), paving, curb and gutter, drainage
(including repairs), sidewalks, signing, striping
and other appurtenances needed to construct a safe
corridor. Although the CITY cannot control the
maintenance scheduling of the railroad, it is the
CITY's intent to coordinate improvements to the
-2-
railroad crossing with the PROJECT. The PROJECT
limits shall be from NE 2nd Avenue to US 1.
(2) The proposed time frame for the PROJECT is as
follows:
FY 2000/2001 - Design
FY 2001/2002 - Construction
C. Invoice the County for any eligible reimbursement items
prior to August 15, 2003. (The intent of this is that
the County would make any reimbursement payments prior to
the 2002/2003 fiscal year ending date of September ~0,
2003.)
D. Be solely responsible for any PROJECT costs in excess of
$240,000.00.
3. COUNTY agrees to=
A. Concur that the jurisdiction, control, title,
interest, and maintenance of Lake Ida Road/N.E. 4th
Street from Swinton Avenue to Federal Highway (U.S.
1) is solely the CITY's responsibility effective
immediately upon full execution of this Agreement.
B. Reimburse,~subject to budget, the CITY for the
CITY's costs of design and construction for the
PROJECT improvements as defined in Paragraph 2, in
an amount not to exceed $240,000.00. The County
shall only have this reimbursement obligation for
invoices received from the CITY ~rior to August 15,
2003.
4. The CITY shall submit no more frequently than monthly,
invoices to the COUNTY, which will include a reference to this
-3-
Agreement, identify the project, include the CITY's expenditure
since the last invoice as well as the accumulative total
expenditure for the PROJECT, and identify the amount due and
payable to the CITY. Invoices shall be itemized in sufficient
detail for pre-payment audit thereof and shall be supported by
copies of the corresponding paid vendor invoices and substantiated
proof of payment and performance. The CITY shall supply any
further documentation deemed necessary by the COUNTY. Invoices
received from the CITY will be reviewed and approved by the County
Engineer's Office, indicating that expenditures have been made in
conformity with this Agreement and then will be sent to the
COUNTY's Finance Department for final approval and payment.
Invoices will normally be paid within thirty (30) days following
approval.
5. The CITY shall maintain adequate records to justify all
charges, expenses, and costs incurred in performing the work for at
least three (3) years after completion of the projects. The COUNTY
shall have access to all books, records, and documents as required
in this section for the purpose of inspection or audit during
normal business hours. ~
6. The COUNTY and the CITY agree that no person shall, on
the grounds of race, color, sex, national origin, sexual
orientation, handicap or religion, be excluded from the benefits of
or be subjected to any form of discrimination under any activity
carried out by the performance of this Agreement. The CITY will
ensure that all contracts for the PROJECT executed pursuant to the
terms of this Agreement, will contain a similar non-discrimination
and equal opportunity clause governing the contractor's activities.
-4-
7. The COUNTY and the CITY agree to be solely responsible
for any third party claim, liability, lawsuit, and damage award
arising out of their own negligence in the performance of this
Agreement for acts, or decisions of that party that are totally
within the purview of that party or are the responsibility of that
party under this Agreement. The foregoing shall not constitute a
waiver of sovereign immunity beyond the limits set forth in Florida
Statutes, Section 768.28, nor shall the same be construed to
constitute agreement by any party to indemnify any other party for
such other party's negligent, willful, or intentional acts or
omissions.
8. At all times during the term of any contract, between the
CITY and a contractor, that is executed for the PROJECT, after
execution of this Agreement and pursuant to its terms, said
contractor shall maintain in force Comprehensive General Liability
Insurance, Property Damage Insurance, Worker's Compensation
Insurance, and Vehicle Liability Insurance in the amounts required
in the bid documents and requirements prepared by the CITY. The
COUNTY and the CITY shall be named as additional insured parties to
such insurance. -~
(Intentionally left blank)
-5-
c,~ or D.~ .z~. ,~u~ ~.. ~ ,.^ .o~/.,E 4~
9. Ail notices required to be given under this Agreement
shall be addressed to:
COUNTY
Palm Beach County Department of
Engineering and Public Works
Attn: Assistant County Engineer
Post Office Box 21229
West Palm Beach, Florida 33416-1229
CITY
City Manager
City of Delray Beach
100 N. W. First Avenue
Delray Beach, Florida 33444
10. This Agreement represents the entire understanding
between parties, and supersedes all other negotiations,
representations, or agreement, either written or oral, relating to
the subject matter of this Agreement.
11. In the event that any portion of this Agreement shall be
held invalid for any reason, such invalidity shall not affect the
remaining portions of this Agreement and the same shall remain in
full force and effect.
12. This Agreement will be governed by all applicable State
and local laws. ~
13. A copy of this Agreement shall be filed with the Clerk of
the Circuit Court in and for Palm Beach County, Florida.
(Intentionally left blank)
-6-
IN WITNESS WHEREOF, the parties hereto have executed
Agreement and it is effective on the date first above written.
R2000 1427
SEP Z 6 ZOOO
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA BY ITS
BY ITS CITY COMMISSION BOARD OF COUNTY COMMISSIONERS
MAYOR ~hg/~ DATE CHAIR DATE
ATTEST:
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
~.~qITY ATTORNEY
-7-
[lTV JIF DELRrlV BErI[H
DELRAY BEACH
~ lOO N.W. 1st AVENUE
AIl.,Amm'ica City
1993 TO: David T. Harden
City Manager
FROM: ~Robert A. Barcinski
~'~ Assistant City Manager
i ~~
DELRAY BEACH, FLORIDA 33444 561/243-7000
DATE: June 8, 2001
SUBJECT:
AGENDA ITEM CITY COMMISSION WORKSHOP MEETING
JUNE 13, 2001 TENNIS FACILITIES TASK TEAM REPORT
The Tennis Facilities Task Team report was presented to Commission at your May workshop
meeting. Commission requested that this item be placed on the June workshop for further
discussion and to give staff specific direction concerning the goals and the recommendations
made by the Task Team.
RAB/tas
File u:sweeney/agenda
Doc: Tennis Task Team Report
Prtnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
' ~J:~ i[iti
,IZrIHIS {2 eS
EACH
III.
of recommendations made in this report that may be approved by City Commission,
including customer oriented performance measures.
GOALS/ACTION ITEMS
Goal #1 - Develop and implement new programs that will enhance and create a
positive experience for members.
Actions
1. Hire a fulltime Tennis Facilities Director whose main emphasis is on management
and administration (versus lessons) and whose salary package would be competitive.
2. Establish a Tennis Advisory Board elected by ~embers to assist the management
company and tennis director.
3. Establish a City championship with competition based on skill levels.
4. Establish member/guest days.
5. Develop a system for players to sign up for matches based on skill level.
Goal #2 - Enhance and develop additional opportunities andprograms forjuniorplay.
Actions
1. Reinstate and activate patrons program to encourage minority participation.
2. Provide free playtime for juniors during the summer (June through September) as:
available on hard courts.
3. Continue to promote programs and opportunities for participants in the Parks and
Recreation after school and summer and winter camp programs.
Goal #3 - Expand and enhance communications and marketing tools utilized to inform
members and citizens about policies, programs, events, financial conditions and other
general information.
Actions
1. Develop and distribute monthly calendar of events both in hard copy and on the
Internet.
2. Develop and distribute a quarterly newsletter both in hard copy and on the Internet.
3. Market junior tennis program to all schools in Delray Beach.
4. Distribute information on policies, programs, events, financial conditions and other
pertinent information to homeowner associations, the Presidents Council and other
community groups, as well as to members.
5. Develop a speakers forum to inform civic and other community groups.
6. Inform members about current maintenance programs and why maintenance is
performed on the schedule established.
Goal #4 - Improve customer service and satisfaction.
Actions
1. Hire a fulltime Tennis Facilities Director (see goal #1 action #1).
2. Revise management company and budget performance measures to include and place
an emphasis on customer satisfaction (35%), communications and public relations
(25%) court and facility maintenance (25%) and financial measures (15%). Revisit
the performance measures annually and revise as needed.
3. Evaluate management company's performance based on revised performance
measures on a regular basis, but at least once per year.
4. Conduct a formal customer satisfaction survey at least once per year.
5. Develop and implement an ongoing custo~ner comment and suggestion form.
Goal #5 - Continue to operate tennis facilities like other recreational facilities,
minimizing the net cost while improving customer service and base stadium usage on
the marketing value to the City and benefit that is provided to the community and
citizens.
Actions ~
1. Plan and coordinate events at the facilities and in the stadium in conjunction with
other events so as not to cause a negative impact on staffing and parking.
2. Review and approve events in the stadium on a case by case basis based on market
value to the City and benefit provided to the community, citizens, and to charitable
and non-profit groups.
3. Continue focus on attracting professional tennis events, other tennis events, other
sporting events, charitable non-profit events, concerts.
4. Attempt to attract concerts that are more local in nature and provide benefit to the
community.
5. Attempt to sell commercial naming rights or obtain a major philanthropic donation to
help offset net costs, as long as the name displayed includes "The City of Delray
Beach".
6. Continue to reduce or waive fees for use of the facilities and stadium based on ability
to pay and/or market value to community and benefit to our citizens.
7. Assign management authority for the swimming pool at the Delray Beach Swim and
Tennis Club to the Park and Recreation Department.
8. Provide recreational swimming programs and lessons at the pool at the Swim and
Tennis Club.
Goal #6 - Review and approve operating and capital requests for the Tennis Center,
stadium, and Delray Swim and Tennis Club based on customer satisfaction, customer
needs, programs, legal obligation& and maintenance required to ensure the useful life
of facilities.
Actions
'1. Fund in FY 01-02 the following projects in the priority listed:
Rehab lighting of five (5) south courts at the Swim and Tennis Club.
Rehab clay courts 4 through 8, 13 and 14 at the Tennis Center.
Resurface seven (7) hard courts at the Tennis Center as per contract with Match
Point, Inc.
> Tennis Facility at the Swim and Tennis Club which includes a pro shop, lockers,
restrooms, showers, office space and adequate storage as a stand alone facility or
part of a larger recreation facility as may be recommended in the Master Plan.
2. Add two (2) hard courts at Pompey Park at this time and if any funding available
consider adding two (2) additional neighborhood courts.
~-ennis ~:acifit i es
~'hsfc ~'~am
~:ina[ CI~ort
~ay :~, ~oo~
GENERAL
On January 16, 2001 City Commission adopted Resolution 3-01 establishing a Tennis
Facilities Task Team with a sunset date of April 17, 2001. The Task Team was
established to advise and make recommendations to the City Commission concerning
policies, goals, objectives and strategies with respect to programs, marketing, operations,
finance and capital improvements for the Delray Beach Tennis Center, the Tennis
Stadium, and the Delray Swim and Tennis Club. The goal of the Task Team
recommendations shall be to optimize the balance between (a) stimulating economic
activity, (b) recreation programs for youth and adults, (c) developing the sport of tennis,
(d) service to Tennis Center members, and (e) providing a venue for community events
and entertainment, while not overly burdening the City's taxpayers.
Eleven (11) members were appointed to the Task Team in February 2001. Members
appointed were as follows (John Bennett, Kenneth Ellingsworth, Ed Foster, Jay Hasher,
Thomas Lynch, Wendy Overton, Willie Potts, Jr., Kenneth Rubin, Lawrence Sagel, Josh
Smith, Jr., Kathi Sumrall). During the process, Ms. Overton resigned due to personal
reasons. However, the contributions she made while serving were invaluable to the
deliberations of the Task Team and in formulating the final recommendations.
The process began with an orientation meeting on February 22~. A vast amount of
information on current operations was presented and given to all the members. This
information included data and handouts relating to center history, programs, marketing,
general operations, maintenance, memberships, special events, and financial information
including capital investment history, as well as, income statements and budgets. During
the process the Task Team also reviewed contract documents for the management
company, the Citrix Tournament, and the Evert Tournament, as well as customer
satisfaction surveys and an economic impact analysis prepared for the Virginia Slims
Tournament. Additional financial information was developed and presented throughout
the review process.
At the orientation session staff presented a list of issues for the Task Team to review and
address. These issues were as follows:
~ Programs/Use Balance - adults, juniors, open play, tournaments, lessons, events,
tourists, members vs. non-members
~ Developing/Promoting Sport of Tennis - programs, events, lessons
Services/Programs - Tennis Center members versus non-members, community
needs, etc. types of services programs for members
Tennis Facilities as a Venue to Stimulate Economic Activity - marketing
tool/media
~ Provide Venue for Community Events - type of events, number of events,
value of events to City
~ Payment to City
For profit vs. non-profit use
Charge for use vs. non-charge or reduction of fees
Community use
TV events/non-TV events
~ Tennis Facilities as Cost Centers - break even, operate at loss as community
benefit (Tennis Center/Stadium, Delray Swim and Tennis Club-pool)
~ Naming rights - do or not do, commercial and/or philanthropic
2
II.
Delray Swim and Tennis Club Pool - who should manage, use of facilities,
program
Future Capital Investments
Due to the vast amount of information presented and the number of issues noted the Task
Team organized their discussions into the following categories:
1. Programs/Services
2. Communications/Public Relations/Marketing
3. Court and Facility Maintenance
4. Finances and Capital Investment
$. Events/Tennis Stadium
6. Customer/Member Satisfaction
As they proceeded through the process the following issues were added for discussion:
1. Performance measures
2. Form of Management
3. Need for additional courts at Pompey Park
The Task Team met every Thursday through April 12, 2001 at which time they
concluded their deliberations. A public input meeting was held on March 15m. The Task
Team also reviewed un-audited summary of this year's customer satisfaction surveys, and
comments received by the City prior to the establishment of the Task Team, and received
and reviewed written comments, and e-mail comments.
A final meeting was held on May 3, 2001 to approve minutes of previous meetings and to
review and approve the final report.
EXECUTIVE SUMMARY
It was the opinion of Task Team members that the City's tennis facilities were first class
and were a valuable asset to the community and our citizens. In general, the Task Team
felt the City offered varied and balanced recreational tennis opportunities and programs,
provided a great deal of support and assistance to non-profit, charitable and civic groups,
and for the most part received an excellent return in marketing value for its investment in
events at the stadium.
The Task Team concluded that strengths were exhibited in the balance and variety of
programs offered, in the marketing program and in the area of court and facility
maintenance. However, they did feel some changes and additions were needed to
enhance these areas. The areas that they felt needed improvement and more focus
included customer satisfaction, communications and public relations.
Recommendations for improvement in these areas included:
Hiring of a full-time Tennis Director, whose emphasis would be on management and
administration (versus lessons) and whose salary package would be competitive. The
Task Team indicated this was the number one priority.
Establishment of a Tennis Advisory Board elected by members to report to and
advise the management company and Tennis Director.
}~ Implementation of a City Championship Tournament.
}~ Establishment of member/guest days.
Providing free play for juniors on the hard courts in the summer (June through
September) as available.
Reactivate the patrons program.
Development of a monthly calendar and quarterly newsletters to be distributed to
members, homeowners association, the Presidents Council and other citizen groups.
Development of a program and tools to improve communications concerning
policies, programs and financial condition to all citizens, which would also include a
speakers forum.
Continue to provide funding support for capital improvements and major repairs with
a short term emphasis on:
1. Rehabilitation of court lighting at the Swim and Tennis Club to provide five ($)
lit courts.
2. Rehabilitation to Tennis Center courts 5 through $, 13 and 14.
3. Resurfacing of hard courts per contract with Match Point, Inc.
4. Build a tennis facility at the Swim and Tennis Club to include a pro shop, locker
room showers and restrooms, offices and adequate storage.
They also felt it was very important and made a recommendation to review and change
the performance measures in the budget and the management agreement to place an
emphasis on customer service, communication, and public relations. They indicated that
too much emphasis has been placed on financial measures, which they felt has negatively
impacted services and the ability to create a friendly welcoming environment. They
concluded that the operations should be viewed like other recreational programs with the
understanding that there would be a net cost to the City. They also recommend that we
try to minimize the net cost without sacrificing customer service.
In regards to the stadium, they concluded that the focus in attracting events, i.e.
professional tennis events, other tennis events, sporting events, and events supporting and
benefiting non-profit and charitable groups, was appropriate. Although not ruling out the
use of the stadium for concerts, they did not feel this was a priority due to site constraints
and competition from other venues especially indoor sites. They did not think, in
general, that the net cost to the City for holding events in the stadium was a primary
issue. They did indicate that approval of events should be viewed on a case by case basis
and be based on the marketing value to the City and benefit to the community and citizen.
They thought it was appropriate to continue the practice of waiving and reducing fees for
stadium use as long as it provides community support and marketing value to the City.
It was also the Task Team's opinion that the pool at the Swim and Tennis Club should be
managed by the Parks and Recreation Depariffient and that programs should focus on
recreational swimming and lessons. They also indicated that the City should look at and
plan for other improvements to the pool area such as showers and lockers as they review
the five-year capital improvement program and the Parks and Recreation Master Plan.
They also looked at a request to provide additional courts at Pompey Park and
recommended consideration of the addition of two (2) courts at this time, and if funding
available, two (2) additional neighborhood courts be considered.
Finally, the Task Team agreed that due to the complexity of tennis facility operations and
the stadium, that the City should continue to utilize the services of the existing
management company. They did, however, feel that the performance of the company
should be evaluated regularly and be based on the accomplishment and implementation
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III.
of recommendations made in this report that may be approved by City Commission,
including customer oriented performance measures.
GOALS/ACTION ITEMS
Goal #1 - Develop and implement new programs that will enhance and create a
positive experience for members.
Actions
1. Hire a fulltime Tennis Facilities Director whose main emphasis is on management
and administration (versus lessons) and whose salary package would be competitive.
2. Establish a Tennis Advisory Board elected by members to assist the management
company and tennis director.
3. Establish a City championship with competition based on skill levels.
4. Establish member/guest days.
5. Develop a system for players to sign up for matches based on skill level.
Goal #2 - Enhance and develop additional opportunities and programs for junior play.
Actions
1. Reinstate and activate patrons program to encourage minority participation.
2. Provide free playtime for juniors during the summer (June through September) as
available on hard courts.
3. Continue to promote programs and opportunities for participants in the Parks and
Recreation at~er school and summer and winter camp programs.
Goal #3 - Expand and enhance communications and marketing tools utilized to inform
members and citizens about policies, programs, events, financial conditions and other
general information.
Actions
1. Develop and distribute monthly calendar of events both in hard copy and on the
Internet.
2. Develop and distribute a quarterly newsletter both in hard copy and on the Internet.
3. Market junior tennis program to all schools in Delray Beach.
4. Distribute information on policies, programs, events, financial conditions and other
pertinent information to homeowner associations, the Presidents Council and other
community groups, as well as to members.
5. Develop a speakers forum to inform civic and other community groups.
6. Inform members about current maintenance programs and why maintenance is
performed on the schedule established.
Goal g4 - Improve customer service and satisfaction.
Actions
1. Hire a fulltime Tennis Facilities Director (see goal #1 action #1).
2. Revise management company and budget performance measures to include and place
an emphasis on customer satisfaction (35%), communications and public relations
(25%) court and facility maintenance (25%) and financial measures (15%). Revisit
the performance measures annually and revise as needed.
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3. Evaluate management company's performance based on revised performance
measures on a regular basis, but at least once per year.
4. Conduct a formal customer satisfaction survey at least once per year.
5. Develop and implement an ongoing customer comment and suggestion form.
Goal #$ - Continue to operate tennis facilities like other recreational facilities,
minimizing the net cost while improving customer service and base stadium usage on
the marketing value to the City and benefit that is provided to the community and
citizens.
Actions
1. Plan and coordinate events at the facilities and in the stadium in conjunction with
other events so as not to cause a negative impact on staffing and parking.
2. Review and approve events in the stadium on a case by case basis based on market
value to the City and benefit provided to the community, citizens, and to charitable
and non-profit groups.
3. Continue focus on attracting professional tennis events, other tennis events, other
sporting events, charitable non-profit events, concerts.
4. Attempt to attract concerts that are more local in nature and provide benefit to the
community.
5. Attempt to sell commercial naming rights or obtain a major philanthropic donation to
help offset net costs, as long as the name displayed includes "The City of Delray
Beach".
6. Continue to reduce or waive fees for use of the facilities and stadium based on ability
to pay and/or market value to community and benefit to our citizens.
7. Assign management authority for the swimming pool at the Delray Beach Swim and
Tennis Club to the Park and Recreation Department.
8. Provide recreational swimming programs and lessons at the pool at the Swim and
Tennis Club.
Goal #6- Review and approve operating and capital requests for the Tennis Center,
stadium, and Delray Swim and Tennis Club based on customer satisfaction, customer
needs, programs, legal obligations, and maintenance required to ensure the useful life
o f facilities.
Actions
I. Fund in FY 01-02 the following projects in the priority listed:
P Rehab lighting of five (5) south courts at the Swim and Tennis Club.
Rehab clay courts 4 through 8, 13 and 14 at the Tennis Center.
Resurface seven (7) hard courts at the Tennis Center as per contract with Match
Point, Inc.
P Tennis Facility at the Swim and Tennis Club which includes a pro shop, lockers,
restrooms, showers, office space and adequate storage as a stand alone facility or
part of a larger recreation facility as may be recommended in the Master Plan.
2. Add two (2) hard courts at Pompey Park at this time and if any funding available
consider adding two (2) additional neighborhood courts.