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03-10-99 Special & Workshop MEMORANDUM TO: Mayor and City Commissioners FROM: Alison MacGregor Harty, City Clerk~ SUBJECT: Results of MuniciDal Election - March 9, 1999 DATE: March 10, 1999 Presented for your review are the cumulative totals for the regular and absentee ballots as certified by the Supervisor of Elections for Palm Beach County, indicating the results of the First Nonpartisan Election held on Tuesday, March 9, 1999. The results are as follows: COMMISSION MEMBER/SEAT #1: David W. Schmidt - Unopposed MOTION: That David W. Schmidt, being the only candidate to qualify for the office of Commission Member/Seat #1, is hereby declared to be elected to that office in accordance with Section 5.04(b) (2) of the City Charter, and shall serve for a term of two (2) years, commencing on the 25th day of March, 1999, and ending in accordance with the City Charter. COMMISSION MEMBER/SEAT #2: Patricia Archer 3,633 Regular + 77 Absentee = 3,710 Total Votes Stan Scheinberg 2,558 Regular + 53 Absentee = 2,611 Total Votes MOTION: Approve the total votes for each candidate for Commission Member/Seat #2, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results, that Patricia Archer is elected as Commission Member/Seat #2, for the unexpired one year term commencing on the 25th day of March, 1999, and ending in accordance with the City Charter. To: Mayor and City Commissioners Re: Results of Municipal Election held March 9, 1999 March 10, 1999~ .... COMMISSION MEMBER/SEAT #3: Barbara D. Brown .3,238 Regular + 60 Absentee = 3,298 Total Votes Michael Wright 3,.225 Regular + 76 Absentee = 3,301 Total Votes MOTION: Approve the total votes for each candidate for Commission Member/Seat #3, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results, that Michael Wright is elected as Commission Member/Seat #3, for a two (2) year term commencing on the 25th day of March, 1999, and ending in accordance with the City Charter. The motions framed above should be considered and voted upon separately. AMH/m Attachment cc: David T. Harden, City Manager Susan A. Ruby, City Attorney Barbara Garito, CMC, Deputy City Clerk - 2 - CANVASS SPECIAL COUNTY & MUNICIPAL ELECTIONS Page 1 08:56am Mar 10 1999 PALM BEACH COUNTY, FLORIDA MARCH 9, 1999 CITY OF DELRAY BEACH Precincts Counted 31 100.00% Absentee Precincts Counted 1 100.00% Registered Voters 33,250 100.00% Ballots Cast 6,959 20.93% COMMISSION MEMBER - BEAT #2 A. Patricia Archer 3,710 53.31% B. Start Scheinberg 2,611 37.52% Undervotes 580 8.33% Overvotes 58 0.83% Precinct Reg Blts %Tm A. %A. B. %8. Und /JJnd Ovr %Ovr 0166 1129 302 26.75 239 79.14 45 14.90 13 4.30 5 1.66 166A 547 128 23.40 97 75.78 26 20.31 4 3.13 1 0.78 166B 806 287 35.61 104 36.24 162 56.45 17 5.92 4 1.39 166C 574 220 38.33 158 71.82 44 20.00 13 5.91 5 2.27 0170 763 115 15.07 83 72.17 25 21.74 6 5.22 1 0.87 0171 237'5 562 23.68 405 72.06 113 20.1! 43 7.65 1 0.18 171A 2862 829 28.97 288 34.74 496 59.83 32 3.86 13 1.57 171B . 594 141 23.74 25 17.73 91 64.54 24 17.02 1 0.71 171C 831 136 16.37 66 48.53 61 44.85 8 5.88 1 0.74 1710 0 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0172 1217 371 30.48 83 22.37 155 41.78 132 35.58 1 0.27 172A 37 3 8.11 2 66.67 1 33.33 0 0.00 0 0.00 172B 55 3 5.45 2 66.67 1 33.33 0 0.00 0 0.00 172C 8 3 37.50 2 66.67 0 0.00 1 33.33 0 0.00 1720 2 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 017~ 1369 291 21.26 57 19.59 161 55.33 72 24.74 I 0.34 0174- 2563 511 19.94 185 36.20 311 60.86 13 2.54 2 0.39 174A 2498 279 11.17 156 55.91 109 39.07 10 3.58 4 1.43 174B 554 44 7.94 25 56.82 14 31.82 5 11.36 0 0.00 174C 1613 274 16.99 198 72.26 58 21.17 17 6.20 1 0.36 0175 1434 251 17.50 63 25.10 144 57.37 42 16.7~ 2 0.80 175A 103 15 14.56 13 86.67 I 6.67 1 6.67 0 0.00 0176 954 96 10.06 52 54.17 40 41.67 3 3.13 1 1.04 176A 1783 417 23.39 260 62.35 123 29.50 28 6.71 6 1.44 176B 1128 228 20.21 165 72.37 49 21.49 13 5.70 1 0.44 0177 0 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0178 1624 184 11.33 106 57.61 67 36.41 11 5.98 0 0.00 178A 762 71 9.32 36 50.70 22 30.99 13 18.31 0 0.00 0179 1074 299 27.84 138 46.15 139 46.49 20 6.69 2 0.67 0189 1893 317 16.75 272 85.80 38 11.99 7 2.21 0 0.00 0190 2100 437 20.81 353 80.78 62 14.19 17 3.89 5 1.14 AO04 0 145 ---.-- 77 53.10 53 36.55 15 10.34 0 0.00 STATE OF FLORIDA ' COUNTY OF PALM BEACH I, THERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUEJ~J~D CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. --::-'--'-.': : ' '~'e,..,. .... .'::~ :' VVITNESS~'~r~L~ AND SEAL, THIS loth DAYOF MARCH ,lg ' " -=-- "/-~ :~' THERESA LePORE , ~, - .- ~"~ ~ SUPERVISOR OF ELEGTIONS '.',~' · · '~ ~',~ -~ PALM B~GH GOUN~, FLORIDA CANVASS SPECIAL COUNTY & MUNICIPAL ELECTIONS Page 2 01:14pm Mar 10 1999 PALM BEACH COUNTY, FLORIDA MARCH 9, 1999 - ~.~ COMMISSION MEMBER - SEAT #3 A. Barbara D. Brown ],298 47.39% B. Michael Wright 3,301 47.43% Undervotes 271 3.89% Overvotes 9U 1.29% Precinct A. ~A. B. %8. Und %Lind Ovr %Ovr 0166 73 24.17 215 71.19 10 3.31 4 1.32 166A 25 19.53 99 77.34 3 2.34 I 0,78 166B 156 54.36 108 37.63 17 5.92 6 2.09 166C 81 36.82 121 55.00 16 7.27 2 0.91 0170 32 27.83 78 67.83 3 2.61 2 1.74 0171 163 29.00 383 68.15 12 2.14 4 0.71 171A 517 62.36 277 33.41 25 3.02 10 1.21 171B 122 86.52 9 6.38 2 1.42 8 5.67 171C 95 69.85 35 25.74 3 2.21 3 2.21 171D 0 0.00 0 0.00 0 0.00 0 0.00 0172 342 91.94 10 2.69 11 2.96 9 2.42 172A 1 33.33 2 66.67 0 0.00 0 0.00 172B 1 33.33 2 66.67 0 0.00 0 0.00 172C 0 0.00 3 100.00 0 0.00 0 0.00 172D 0 0.00 0 0.00 0 0.00 0 0.00 0173 2?5 94.50 7 2.41 4 1.37 5 1.72 0174 207 40.51 270 52.84 30 5.87 4 0.78 174A 148 53.05 117 41.94 10 3.58 4 1.43 174B 25 56.82 14 31.82 3 6.82 2 4.55 174C 123 44.89 132 48.18 17 6.20 2 0.73 0175 211 84.06 29 11.55 8 3.19 3 1.20 175A 6 40.00 9 60.00 0 0.00 0 0.00 0176 57 59.38 34 35.42 4 4.17 1 1.04 176A 118 28.30 271 64.99 23 5.52 5 1.20 176B 84 36.84 135 59.21 9 3.95 0 0.00 0177 0 0.00 0 0.00 0 0.00 0 0.00 0178 84 45.65 93 50.54 6 3.26 1 0.54 178A 32 45.07 32 45.07 6 8.45 1 1.41 0179 112 37.46 163 54.52 19 6.35 5 1.67 0189 53 16.72 254 80.13 10 3.15 0 0.00 0190 95 21.74 323 73.91 11 2.52 8 1.83 AO04 60 41.38 76 52.41 9 6.21 0 0.00 STATE OF FLORIDA ' COUNTY OF PALM BEACH I, THERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. _~'~, ~".WITNE~.':~.~:~AND AND SEAL, THIS 10th DAY OF MARCH , 19 99 . -~ ' - ' -- ' ,.":' -:,- ,. , .., . . ?- ":.. } ~-. 5 BY: --- ' . ~ ~ THERESA LePORE .,,., --~, - ..... ~~,,,~ ..? SUPERVISOR OF ELECTIONS ·, ~- ....... .-_-_-, .-'--' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~ SUBJECT: AGENDA ITEM~ I- SPECIAL MEETING OF MARCH 10, 1999 MUNICIPAL ELECTION RESULTS DATE: MARCH 5, 1999 The election returns and official results, along with the appropriate motions, will be provided at the special meeting on Wednesday, March 10th. ref:agmemo7 CITY OF DELRny nEAtH " DEL~ BEtH ~ ~ ~ ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243J000 W~R~AS, the Palm Beach County Sports ~all of Fame 19~as organized to publicly acknowledge and recognize the contributions and accomplishments of Palm Beach County athletes, coaches and supporters of the sports community, with the first Induction Banquet held in 1977; and W~R~AS, such local ~reats as Jack Nicklaus, Burt Reynolds, Donna White, Gary Carter, Robbie Thompson and Beth Daniel have been inducted into the Palm Beach County Sports Hall of Fame; and WHEREAS, Michele Safford of Delray Beach, Florida, will be the first Special Olympic Athlete to be inducted into the Palm Beach County Sports Hall of Fame and honored as the Special Olympics Palm Beach County Athlete of the Year; and W~R~AS, Michele began her Special Olympics career in 1978 when she started in track and field. She has since participated in numerous other sports, includin~ roller skating, swimming, basketball, tennis, bowlin~, ~olf, roller bladin~, snow skiing, and the new sport of artistic ice skating, at all levels of competition; and W~R~AS, in 1992, Michele ran the Sunshine State Games Torch with Frank Shorter, Olympic runner, and also participated in speed skatin~ where she won two Gold Medals. This was the first time a Special Olympian took part in the Sunshine State Games; and W~R~AS, in 1994, Michele was selected to attend the Olympic Training Center in Colorado for swimming, one of only 25 Special Olympians out of the entire United States; and W~REAS, another of Michele's crownin~ achievements occurred in 1995 when she attended the Special Olympics World Games. in Connecticut and brought home two Gold medals and a Bronze medal for roller speed skating; and W~R~AS, Michele is a true Special Olympics role model, worthy of the honor of being inducted into the Palm Beach County Sports Hall of Fame. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereb~ proclaim the week of March 7-14, 1999, as PALM BEACH COUNTY SPORTS HALL OF FAME WEEK and recognize and commend MICHELE SAFFORD SPECIAL OLYMPICS ATHLETE OF THE YEAR on th~ occasion of her induction into-the Palm Beach County Sports Hall of Fame on Sunday, the 14th day of March, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Delray Beach, Florida, ~ed this 10th day of March, 1999. EFFORT ALWAYS MATTERS Draft proclamation for Michele Safford & PBC Sports Hall of Fame: WHEREAS, the Palm Beach County Sports Hall of Fame was organized to publicly acknowledge and recognize the contributions and accomplishments of Palm Beach County athletes, coaches and supporters of the sports community, with the first Induction Banquet held in 1977; and WHEREAS, such local greats as Jack Nicklaus, Butt Reynolds, Donna White, Gary Carter, Robbie Thompson and Beth Daniel have been inducted into the Palm Beach County Sports Hall of Fame; and WHEREAS, Michele Safford of Delray Beach, Florida, will be the first Special Olympic Athlete to be inducted into the Palm Beach County Sports Hall of Fame and honored as the Special Olympics Palm Beach County Athlete of the Year; and WHEREAS, Michele began her Special Olympics career in 1978 when she started in track and field. She has since participated in numerous other sports, including roller skating, swimming, basketball, tennis, bowling, golf, roller blading, snow skiing, and the new sport of artistic ice skating, at all levels of competition; and WHEREAS, in 1992, Michele ran the Sunshine State Games Torch with Frank Shorter, Olympic runner, and also participated in speed skating where she won two Gold Medals. This was the first time a Special Olympian took part in the Sunshine State Games; and WHEREAS, in 1994 Michele was selected to attend the Olympic Training Center in Colorado for swimming, one of only 25 Special Olympians out of the entire United States; and WHEREAS, another of Michele's crowning achievements occurred in 1995 when she attended the Special Olympics World Games in Connecticut and brought home two Gold medals and a Bronze medal for roller speed skating; and WHEREAS, Michele is a true Special Olympics role model, worthy of the honor of being inducted into the Palm Beach County Sports Hall of Fame. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of March 7-14, 1999, as PALM BEACH COUNTY SPORTS HALL OF FAME WEEK and recognize and commend MICHELE SAFFORD SPECIAL OLYMPICS AT~LRTE OF THE YEAR on the occasion of her induction into the Palm Beach County Sports Hall of Fame on Sunday, the 14th day of March, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 10th day of March, 1999. Draft proclamation for Michele Safford & PBC Sports Hall of Fame: WHEREAS, the Palm Beach County Sports Hall of Fame was organized to publicly acknowledge and recognize the contributions and accomplishments of Palm Beach County athletes, coaches and supporters of the sports community, with the first Induction Banquet held in 1977; and WHEREAS, such local greats as Jack Nicklaus, Butt Reynolds, Donna White, Gary Carter, Robbie Thompson and Beth Daniel have been inducted into the Palm Beach County Sports Hall of Fame; and WHEREAS, Michele Safford of Delray Beach, Florida, will be the first Special Olympic Athlete to be inducted into the Palm Beach County Sports Hall of Fame and honored as the Special Olympics Palm Beach County Athlete of the Year; and WHEREAS, Michele began her Special Olympics career in 1978 when she started in track and field. She has since participated in numerous other sports, including roller skating, swimming, basketball, tennis, bowling, golf, roller blading, snow skiing, and the new sport of artistic ice skating, at all levels of competition; and WHEREAS, in 1992, Michele ran the Sunshine State Games Torch with Frank Shorter, Olympic runner, and also participated in speed skating where she won two Gold Medals. This was the first time a Special Olympian took part in the Sunshine State Games; and WHEREAS, in 1994 Michele was selected to attend the Olympic Training Center in Colorado for swimming, one of only 25 Special Olympians out of the entire United States; and WHEREAS, another of Michele's crowning achievements occurred in 1995 when she attended the Special Olympics World Games in Connecticut and brought home two Gold medals and a Bronze medal for roller speed skating; and WHEREAS, Michele is a true Special Olympics role model, worthy of the honor of being inducted into the Palm Beach County Sports Hall of Fame. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of March 7-14, 1999, as PALM BEACH COUNTY SPORTS HALL OF FAME WEEK and recognize and commend MICHELE SAFFORD SPECIAL OLYMPICS ATHLETE OF THE YEAR on the occasion of her induction into the Palm Beach County Sports Hall of Fame on Sunday, the 14th day of March, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 10th day of March, 1999. TO: DATE: FROM: ~ ~ t.4..k~ "~ I:~: I~=(::~ ~ SU~: Florida March 3, 1999 Palm Beach County Mayor Jay Alperin City of Delray Beach 100 N.W. 1st Ave. Delray Beach, FL 33444 Fax(561) 243-7166 Dear Mayor Alperin, On behalf of Special Olympics Palm Beach County, I would like to inform you that Special Olympic Athlete Michele Safford will be the 1 st Special Olympic Athlete inducted into the Palm Beach County Sports Hall of Fame. Miehele's father Joe Safford is the City's Comptroller. The ceremony will take place on Sunday, March 14, 1999 at the Palm Beach Gardens Marriott Hotel beginning with a 5:30p_m cocktail hour and at 6:30p.m. a Dinner BanqucL Michcle will join such local greats as Jack Nicklaus Butt Reynolds, and Gary Carter. I would like to respectfully request thc City of Delray Beach create a resolution proclaiming the Week of March 7 - 14, 1999 Palm Beach County Sports Hall of Fame Week. This would be a tribute to not only Michele, but thc many members and future inductees to the Sports Hall of Fame who live in the Delray Beach area. I realize the lateness of this request, but this still remains an important contribution to the growth and recognition of the Palm Beach County Sports Hall of Fame for the future. I hope that you will consider this request. Sincerely, Rich Fleming Special Olympics County Coordinator cc: Joe Ceravolo, President, PBC Sports Hall of Fame · Created by the Joseph P. Kennedy..Ir. Founda#on for the Benefit of Cit~zena with Mental Retardatton I II I .... III II I I iPECIAL ~T~ Special-Oi~lmpic~ FLORI[IA- PALM B~CH COU~ Florida Special Populations Section Palm Beach Coun~ Parks and Recr~tion Depa~ment 2700 Sixth Avenue Soutl~ Lake Womb, FL 33461 FACSIMILE COVER SItEET Phone: Fax Number: This mcxsage consists of' ~ pages, including this covcr shcct If any pa~l is missing o, rcccivcct poorly, please call Ihe phonc_ number checkcd bel,,w Ibc sc. ndcr's name Special Popt,lalions (501) 963. '13-19 Very Special Aris - lVlorida (5(ol) 964-4822 5,1)ccial Olympics (5()1) 964-4922 Fax Numt)er (50 PALC. Sports Hall of Fame Special Olympics Palm Beach County Athlete of the Year Michele Safford 4370 Ruth Lane Delray Beach, FL 33445 (561) 498-8474 Birth date: 1-16-70 Panmts: Joseph & Marianne Safford Siblings: Wendy, Kristi Michele began with Special Olympics more than 20 years ago at J.C. Mitchell School in 1978 where she started in Track & Field. She has actively participated in thc Special Olympic sports of Roller Skating, Swimming, Basketball, Tennis, Bowling, Golf and has recently started in our new sport of Artistic Icc Skating. In 1991 she traveled to Boone, NC to participate in thc Special Olympics S_E. Regional Winter Games where she won a silver medal in Down Hill Skiing. In 1992 she ran the Sunshine State Cramcs Torch with Frank Shorter Olympic Runner and also participated in Speed Skating where she won 2 Gold Medals. This was the fixst time a Special Olympian was in tho Sunshine State Games. In 1994 M/ehele was selected to attend the Olympic Training Center in Colorado for swimming, one of only 25 Special Olympians out of the entire USA. Also in 1994 Michele was selected as the Special Olympics Palm Beach County Athlete Spokesperson of the Year. One of Michele's crowning achievements occurred in 1995 when Mich¢lc attended the Special Olympic's World Games in Connecticut for Roller Speed Skating where she won two Golds and a Bronze medal. At this event Michel¢ met the Prince of Jordan with whom she exchanged a M/ckcy Mouse pin. Micttelc enjoys every opportunity to participate in Special Olympics, and has had a variety of unique opportunities because of her involvement such as meeting Olympic Gold Medalist in Speed Skating, Dan Janson and meeting country music stars, Travy Byrd and Travcy Lawrence M/chclc is a true Special Olymp/¢s role model, as she works at Abbey Dclray Nursing Home as an aide helping the residents. I! After covering the local sports scene for many years, veteran sportswriter Chuck Otterson thought the time had come to formally recognize the accomr plishments of area athletes. Thus was born the idea to start the Palm Beach County Sports Hall of Fame. After several years of organizational meetings, the first Induction Banquet was held in 1977. While the sites of the Induction ceremonies have moved from one locale to another, the main objective of the Hall of Fame Committee has remained constant; to publicly acknowledge the con~butions of Palm Beach County athletes, coaches and supporters of the sports community. Tonight we are gathered again to enhance Palm Beach County's premier sports tradition. CHUCK OTTERSON JOE CERAgrOLO Founder President Past President THE PALM BEACH COUNTY SPORTS HALL OF FAME I977 INDUCTEES 1984 INDUCTEES- CONTINUED 1991 INDUCTEES BOB BALFE ......................... Spor~s Editor RANDY COOPER ....................... Football JOHN BARROW .......................... Football JACK NICKLAUS .............................. Golf .DICK MELEAR ............................... Track ABNER BIGBE ........................... Football MAYO SMITH ............................. Baseball JANE A- SCHAPPERT ............. Swimming GARY CARTER ........................... Baseball DEREK HARPER .................. Basketball 1978 INDUCTEES 1985 INDUCTEES CLARENCE KING ................. Boxing KlM CI-IAC£ ........................... Gymnastics ,.. FLOYD ANDREWS ................ Basketball LAKE LYTAL ....................... Contributor DICK HOWSER, .......................... B~eball BUDDY BAARCKE ................. Swimming LAVERN TART ....................... Baskctball KEN JOHNSON ........................... BasebaIl JIM GALLAGHER .............. Sport~-,asting LEMAR PARRISH ........................ Football QEORGE Mc'CAMPBELL ..... Football, G01f 19911 rNDUCTEES BURT REYNOLDS ...................... Football BI~D MITCHELL ..... Football,Basketball ED ELLIOTT .............. I--ootball,Baskctball HERB SCORE ............................. Baseball CALVIN PEETE ................................. Golf ~' lACK MARCUM ......................... Baseball GAIL S. WHITNEY ............ Gymnastics DR. SKEETER NORLEY ........ Conthbutor 1979 INDUCTEES CARNEY WILDER .................... Football DR. PHILIP LICHTBLAU ....... Contributor DICK BROWN ............................. Baseball . HUGH MaclVIILLIAN, IR_ .... Football,Track HAZEL DANIEL ......................... Bowling 1986 INDUCTEES '~' EDDIE RHODES ........... Basketball,Track REGGIE HURLEY ............... Youth Sports LINCOLN KNOWLES .. Track, Football SAM MARSHALL ..... Football,Basketball BERNARD OR, ALL ................ Contributor 1993 INDUCTEES HANK MARTIN ......................... Coaching IOE CER. AVOLO ..................... Basketball ' FELIPE ALOU .......................... Baseball PHIL O'CONNELL ........................ Boxing WHITEY PLATT ................... I~aseball DAN CALLOWAY ...... : ........... Contr~utor RICK RHODEN ........................... Baseball · BOB SHAW ................................Baseball JUDY DICKINSON ...................... Golf -. KEN STONE ................................. Football DONNA H. WHITE ......................... Golf IIM HEATON ............................... Baseball RED WHFITINGTON ... Football,Baseball BARRY HILL .......................... Football 1987 INDUCTEES JOHNNY O'BRIEN ...................... Boxing 1980 INDUCTEES MARTY GOLD .............. Baseball,Football FRANK STRANAHAN ........ Golf, Fitness BILL ADEIMY ....................... Contributor NED HARRIS .............................. Baseball ED BOELL ................ Officisting,Football, FRANK HOBSON ........................ Football 1994 INDUCTEES Basketball JOHN McHALE .......................... Baseball JOHN ANDERSON .................. Softball BOBBY RIGGS ......... Football,Basketball, N.W. MIZELL ......................... Contributor ANDY BOTNEY ........................ Coaching Baseball '- SPENCER POMPEY .................. Baseball DR_ GEORGE FORD .............. Contributor LEON SIKES, SR ............................... Golf JACK SANFORD ........................ Baseball DR. BERNARD KIMMEL .... Contributor BEN YORK ............................... Swimming DR. W.L. SHACKELFOR. D ..... Contributor . ANTOINE RUSSELL ................. Coaching ·AL SUTTON ..............................Coaching 1981 INDUCTEES 1988 INDUCTEES ROBBIE THOMPSON ................. Baseball LARRY BROWN .......................... Baseball CARLOS CARSON ................... Football DUB PAGAN ...................................... Golf ANDY HANSEN .......................... Ba.,leball 1995 INDUCTEES HARRY WINKLER ....... Basketball,Track, CHARLES HARRIS ........................ Tennis ROGER COFFEY ....................... Coaching Team Handball WILLIE IRVIN ............................. Football BETH DAN[EL ........................... Golf RICKEY JACKSON ..................... Football IIENRY DcGOUW ............... Motor Sports 1982 INDUCTEES TONEY PENNA ................................. Golf "JACK EASSA ............ BascbalI,Contrlbutor DWi'iS ANDERSON ..................... Football MEL O'BRADOVICH ................... Softball JO ANNE CARNER ........................... Golf- 1989 INDUCTEES JOIiN PATRICK .................. Track,FootbaI| BILLY HERMAN ...... ~ .................. Baseball JIM BEAVER ................................ Football "' BUCKY McGANN ..... Basketball,Football ANTHONY CARTER ................... Football 1996 INDUCTEES S'I'EVEN SHEPHERD .. Full Contact Karate AL REITZ ................................... Baseball TOMMY HUTTON ..................... Baseball ,.DUSTY RHODES ....................... Baseball JIM MAYNOR ............................ Footba!! 1983 INDUCTEES RON SELLERS ........................... Football PETE SKORPUT ....... Baseball Contributor JOHN BOGGIANO ...... Greyhound Racing HARRY PEZZULLO ........................ Golf SAM BUDNYK ............ Football,Coaching 1990 INDUCTEES CHUCK OTTERSON ........... Sportswriter BOB CONN ................................ Bowling . LEN BROWN ...............................Footba{{ BOB MURPHY ...................................Golf HENRY IIOLMES ... Swimming, Water Skiing 1997 INDUCTEES . BUCK KINNAIRD .............. Sporiscasting Jack Bosie .............................Officiating 1984 INDUCTEES IOHN McDONALD .................... Coaching Pcmbrook Bt, trows .................... Basketball GUS BROBERG ........ Basketball,Baseball BEN McCOY ................................. Football John C_ Oxlcy ................................. Polo PETE BROBER, G ......................... Ba~ball .CH"Mac" McKINNON ....... Administration -- Rhonda Glen ...................................... Golf DR. R_O. COOLEY ................. Contributor DP,. t-IOWARD REYNOLDS ....... Basketball Kcvin Fagan ................................. Football lay Scidcr .................................. Coaching Jcr,'y Jacobs ............................. Coaching Dr. Edwrd Eissey ................... Contributor WHEREAS, the 1995 Special Olympics World Games were held at Yale University in New Haven, Connecticut, from July 1 through July 8, 1995, with 7,200 athletes from 140 countries competing; and WHEREAS, the Florida delegation of some 115 athletes was lead by Michele Safford of Delray Beach; and WHEREAS, Michele is a versatile athlete, being proficient as both a swimmer and speed skater. She has not lost a swimming race in the last ten years and has gone unbeaten in the two years she has skated competitively; and WHEREAS, Michele made the decision to compete in the 1995 Special Olympics World Games as a speed skater since skating "is more fun" and she likes to "go fast and win"; and WHEREAS, Michele proved to herself and the world that indeed this was the right decision. She won a Gold Medal in both the 500 meter and 200 meter relay races and a Bronze Medal~in the 300 meter race. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby commend and recognize MICHELE SAFFORD as an outstanding 'World Olympic Athlete' and congratulate her for her many accomplishments. We encourage her to continue in competition and to enjoy her status as a 'World Class Olympian'. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 8th.day of August, 1995. MAYOR THOMAS E. LYNCH SEAL MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2,1AGER~ SUBJECT: AGENDA ITEM O~.~ - SPECIAL MEETING OF MARCH 10, 1999 FUNDING REQUEST/SANDOWAY HOUSE DATE: MARCH 5, 1999 We have received a request from The Friends of Sandoway House Nature Center for assistance with the final payment to Enterprise Contractors. According to Mrs. Patton's letter dated January 26, 1999, the additional dollar amount over the original budget is $16,012.80. Mr. Barcinski has reviewed this request and recommends paying 50% (roughly $8,000) at this time. Depending on the Sandoway House's budget picture this summer, the Commission may want to consider an additional contribution in the FY 2000 budget to offset this expense in full. If the Commission wants to provide additional funding, the money could be appropriated from the City Manager's contingency or through a budget adjustment at mid-year. I recommend approval of 50% funding at this time, to be accommodated through our mid-year budget adjustment. ref:agmemo9 CITY OF I)ELAI:IY BEI:IgH '  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 AIl-.4mericaCity February 22, 1999 "~--_, ';,' ~,~/h''~ ~ Mrs. Carolyn H. R. Patton The Friends of Sandoway House Nature Center, Inc. P. O. Box 73 Delray Beach, Flodda 33447-0073 Dear Mrs. Patton: This is to acknowledge receipt of your letter of January 26th addressed to Bob Barcinski requesting City assistance with the final payment to Enterprise Contractors. The City's staff recommendation is that the City contribute one-half of these costs at this time, then, the matter could be reviewed again as we prepare our budget for next year to see if additional assistance is required. I expect to present this request to the City Commission at their next meeting on March 2, 1999. Please have someone from The Sandoway House there to represent your interests. Sincerely, David T. Harden City Manager O (~.~{~'T'~,, Y~P~,-~{~-~P-- '~::~,,~"?'1 Doc.:RqstFund. Ent THE EFFORT ALWAYS MATTERS CITY MANAGER'S OFRCE The I of Sandoway House Nature c r er, Inc. A NON-PROFIT ORGANIZATION DEDICATED TO SUPPORTING A NATURE CENTER IN i HISTORIC BEACHFRONT SETTING President JA~ 2 ? ]999 Carolyn H.R. Patton ]an. 26, 1999 Vice-President C Thomas E. Lynch l~r. Robert Barcinsld Assistant City Manager Secretary Abbe C. Stein City of Delray Beach Defray Beach, Florida 33444 Treasurer William S. Weisman, Esq. Board of Directors Dear Bob~ Hon. Jay Alperin Mayor, C~Wof~y ~_~ Enclosed, please find a copy of our final agreement for payment with Christine C. Davies Enterprise Contractors. As you will note, we had to pay them an extra ~ohn G. Flint, ~r. $13,462.80, plus we had to pay cou~ costs of $2,$$0.00. As these two Wendy Glass COSTS were not part of our original budget on this project, it has caused a Hon. T~omas E. Lynch, s~rain on our operating dollars and we would very much appreciate it if~he ~.M~yor, C~o~B~ City could help with these costs. Our additional payment to Enterprise was christine Lyons largely due to the delays caused by the re-design of the air-conditioning Laura H. McCormick system. Niisa C. McKinney Tony Newboid Thank you again for all of your help and please call me ifI can answer any Carolyn H.R. Patton questions. Rev. Bernard J. Pecaro ^lieda N. Riley Mary Lou Schiilin~er Sincere]y, ^bbc C. Stein William S. Weisman, Esq. C Diane Wold Jcnnings SANDOWAY HOUSE NATURE CENTER (561) 274-SAND A New Community Resource for Palm Beach County Address Correspondence To: P.O.Box 73 Delray Beach, Florida 33447-0073 AMERICAN ARBITRATION ASSOCIATION ENTERPRISE CONSTRUCTION, INC. CASE NO: 32 110 00252 98 Claimant, vs. FRIENDS OF SANDOWAY HOUSE NATURE CENTER, INC., a nonprofit corporation, Respondent STIPULATION FOR SETTLEMENT Claimant, by and through its counsel, and Respondent, by and through its counsel, as a complete and full settlement of any and all claims set forth in this proceeding or which could have been set forth in this proceeding as arising out of the parties' contract which is the subject matter of this proceeding, the parties agree and stipulate as follows: 1. Respondent shaI1 pay Claimant the'sum of $55,000.00, which sum includes all claims for payment including costs and attorney's fees. Said $55,000.00 shall be paid within 5 business days to the 2. If a refund is available from the American Arbitration Association of the fees paid by either party, then Claimant shall be entitled to receive the sole benefit of any such refund. If a refund is not available, then Respondent will not have any further obligation to Claimant. 3. The parties will bear their own costs and attorney's. fees and exchange mutual General Releases in the form attached composite Exhibit "A". 4. It is agreed that the parties shall deem Claimant as having made a donation to Respondent in the sum of $24,252.34. Notwithstanding this, as is clearly set forth above, Respondent will not have any obligation for payment of any amounts whatsoever other than the $55,000.00 set forth in paragraph 1 of this agreement. DATED-/>:~. DATED: ~ ~O /~ MANDEL, WEISMAN & DOGAN M. BENGISU, ESQUIRE KIRSCHNER, P.A. As attorney for Enterprise Attorneys for Claimant Construction, Inc. Boca Corporate Center 333 Camino Gardens Blvd. Suite 300 Suite 204C 2101 Corporate B~/1.e~rd Boca Raton, FL 33432 Boca Raton, FL /' 3 ' Telephone: (561) 750-6944 Telephone: ~ wiIIia~. Weism~' Dogan~. BengiS.u .... Florida Bar No. 352624 Fla. Bar No. 0797286 FRIEND~ OF SANDOWAY HOUSE NATURE ENTERPRISE CONSTRUCTION, INC.~ CENTE~ INC. · /~ -- ~ // Caroly~ Patton, President Ron Brito,-President The above settlement agreement of the part~es was reached in the presence of Stuart Sobel, American Arbitration Association Arbitrator, and this agreement represents the parties' agreement reached during the proceedings. DATEr--S/, lo, t~ CiTY OF DELRrI¥ BEI:I£H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 AJI-AmedcaCity 993 February 22, 1~ Mrs. Carolyn H. R. Patton The Friends of Sandoway House Nature Center, Inc. P. O. Box 73 Delray Beach, Flodda 33447-0073 Dear Mrs. Patton: This is to acknowledge receipt of your letter of January 26th addressed to Bob Barcinski requesting City assistance with the final payment to Enterprise Contractors. The City's staff recommendation is that the City contribute one-half of these costs at this time, then, the matter could be reviewed again as we prepare our budget for next year to see if additional assistance is required. I expect to present this request to the City Commission at their next meeting on March 2, 1999. Please have someone from The Sandoway House there to represent your interests. Sincerely, David T. Harden City Manager DTH:kwg File:u:graham/crngr Doc,:RqstFund,Ent THE EFFORT ALWAYS MATTERS [ITY OF DELAI:IY BER[H DELRAY BEACH 100 N.W. 1st ^VENUE · DEl_BAY BEACH, FLORIDA 33444 · (56'I) 243-7000 E M 0 R A D U M 1993 TO: David T. Harden, City Manager [:ROM: ~J~Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item # City Commission Meeting March 10, 1999 Approval/Agreement for Disaster Recovery Services DATE: March 4, 1999 ACTION City Commission is requested to approve an Agreement for Disaster Recovery Services with Grubbs Construction Company. The amount to be paid to enter into the agreement is $100. BACKGROUND Attached is a copy of a proposed Agreement for Disaster Recovery Services with Grubbs Construction Company to provide Debris Removal and Technical Disaster Recovery Assistance in the event of a disaster, such as a hurricane. By entering this agreement, Grubbs Construction Company would commit its resources, both equipment and technical personnel, to the City to assist in debris removal and technical assistance for damage assessment and documentation support needed to obtain reimbursements from the Federal and State government. By entering into this Agreement, Grubbs Construction guarantees that these services will be provided to the City at the rates included in the contract. Under the terms of this Agreement, Grubbs Construction Company is responsible for subcontracting with other companies to provide any additional equipment and manpower needed and is responsible to the City for all subcontractors. The Company has provided technical assistance and debris removal services in the past to Key West, Osceola County, Atlanta, Topsail Island, North Carolina and assisted in providing services during last years forest fires. Chief Rehr checked with the above noted organizations, as well as with the State EOC Coordinator. All references received were excellent. THE EFFORT ALWAYS MATTERS ~p. ,L/. Agenda Item # Approval/Agreement for Disaster Recovery Services The proposed Agreement would replace the multiple agreements we now have with various construction companies and, in addition, would provide the management and technical expertise needed. This Agreement has been reviewed by, and is supported by our department heads. Mr. Tom Rankin, the Division Manager for Emergency Services will be present at the meeting to answer any questions. RECOMMENDATION Staff recommends approval of the proposed Agreement for Disaster Recovery Services with Grubbs Construction Company. RAB:kwg File:u:graham/misc. Doc.:Grubbs. Con CITY aF i ELFII:IY BEA£H FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM ° HIGHLAND BEACH oei. l~a¥ Se^CH M E M O R A N D U M ~ll.J~a'ica City ~ FROM: ROBERT B. REHR, FIRE CHIEF i993 DATE: MARCH 3, 1999 SUBJECT: GRUBBS CONSTRUCTION - REFERENCES CONTACTED I called jurisdictions that previously contracted with Grubbs Construction Company for disaster assistance and recovery. The jurisdictions all made positive comments about Grnbbs Construction work and stated they would contract with them again if they would experience another disaster. I also called Joe Myers, Director, Division of Emergency Management for the State of Florida. Mr. Myers has had no personal work experiences with them, but is aware of the services provided to the Florida cities. He stated that Grubbs Construction did quality work for several jurisdictions in Florida this past year. Following is a list of jurisdictions that I called: 1. City of Key West, John Jones, Assistant City Manager 2. City of Port Orange, Jan Parsons, Assistant Public Works Director, Mike Ertz, Fire Chief 3. Gwinnet County, Ga., Amanda Reed, Dept. of Transportation 4. Osceola County, Fl., Lane Barker, Superintendent, Hazardous & Solid Waste Dept. 5. De Kalb County, Ga., Dan Hall, Assistant Director of Public Works If you have any questions please call me. e~~B. Rehr Fire Chief Cc: Robert Barcinski, Asst. City Manager FIRE DEPARTMENT HEADQUARTERS ° 501 WEST ATLANTIC AVENUE ,, DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper EMERGENCY SERVICES DIVISION · Corporate Headquarters · North Carolina Response Office 1115 South Main Street 811 Ashebrook Park Road Brooksville, Florida 34603 Dallas, North Carolina 28034 (352) 796-1912 Voice Voice (704) 922-2992 (352) 796-5358 Fax Fax (704) 922-4838 CON~I'RUC~'ION COMPANY 1-(888)-GRUBBS-1 www.disasterresponse.com MEMORANDUM To: ~larcinski, Assistant City Manager ' City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 From: Tom Rankin, Division Manager t -- Subject: Revised Final Contract for Disaster Recovery Services Please find attached a copy of the revised contract containing the changes we discussed over the telephone on Thursday, February 25th. If you should have any additional comments, questions or suggested changes, call me so we can discuss them. I am looking forward, after two years of hard work on all our parts, to bringing this contract to fruition. AGREEMENT FOR DISASTER RECOVERY SERVICES TllIS AGREEMENT made and entered into this ~ day of ,1999, by and between the CITY OF DELRAY BEACH, located in Palm Beach County, as a political subdivision of the State of Florida, hereina~er referred to as "CITY" and GRUBBS CONSTRUCTION COMPANY, hereinat~er referred to as "CONTRACTOR" WHEREAS, the CITY lies on the east coast of the State of Florida and, as such, may experience massive destruction wrought by the impact of a hurricane landfall, violent storms spawning tornadoes as well as other natural and/or manmade disasters (Events); and WHEREAS, it is foreseen that it may be necessary to provide for debris removal and disaster recovery technical assistance to appointed and elected officials within the CITY, resulting from these Events; and WHEREAS, the CITY has determined after extensive efforts that this is an area of specialized services and as such is considered to be a sole source; NOW, THEREFORE, CONTRACTOR, for and in consideration of the sum One Hundred Dollars and no/100 ($100.00), and for other good and valuable considerations acknowledged by the parties, said parties hereto agree as to the following: SCOPE OF SERVICES ONE - DEBRIS REMOVAL It is the intent of this Agreement for the CONTRACTOR to remove as quickly as possible all hazards to life and property resulting from an Event in the CITY. Clean up, demolition and removal will be limited to (1) that which is determined to eliminate immediate threats to life, public health, and safety; (2) that which has been determined to eliminate immediate threats of significant damage to improved public or private property, and; (3) that which is considered essential to ensure economic recovery of the affected community to the benefit of the community-at-large. The Services shall consist of clean up, demolition, removal, reduction and disposal of debris as directed by the designated representative of the CITY. Specifically the Scope of Services will include the items listed in Attachment 1 and priced in Attachment 2 of this Agreement under the corresponding heading. sCOPE OF SERVICES Two - TECHNICAL DISASTER RECOVERY ASSISTANCE It is the intent of this Agreement for the CONTRACTOR to provide disaster recovery technical assistance to appointed and elected officials within the CITY. This service shall include Program Management Assistance. Specifically the Scope of Services will include the items listed in Attachment 1 and priced in Attachment 2 of this Agreement under the corresponding heading. Page 1 SERVICES AND FACILITIES It is understood that, except as otherwise specifically stated in this Agreement and Attachments to this Agreement, the CONTRACTOR shall provide and pay for all labor, tools, equipment, transportation, supervision, and all other services and facilities of any nature whatsoever necessary to execute, complete and deliver the services within the time specified in the Notice- To-Proceed as agreed upon by both parties. PERMITS AND REGULATIONS Permits and licenses of a temporary nature necessary for the prosecution of the Services shall be secured and paid for by the CONTRACTOR unless otherwise stated in this Agreement. SUPERVISION BY CONTRACTOR The CONTRACTOR will supervise and direct all Services. The CONTRACTOR is solely responsible for the means, methods, techniques, sequences, safety program and procedures. The CONTRACTOR will employ and maintain on the work site a qualified supervisor(s) who shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor by the CITY's Authorized Representative shall be as binding as if given to the CONTRACTOR. The name(s) of the supervisor(s) will be supplied to the CITY for each issuance of a Notice to Proceed through an attachment to this Agreement in the form of a Memorandum for the Record. CHANGES IN SERVICES The CITY may at any time, as the need arises, order changes within the scope of services without invalidating this Agreement. All changes affecting the project's costs or modifications of the terms or conditions of this Agreement shall be authorized by means of an official written Contract Change Order that is mutually agreed upon and signed by the CITY and the CONTRACTOR. Ail changes must be recorded on a written Contract Change Order before CONTRACTOR may proceed with the changes to the Services provided. TERM OF AGREEMENT The term of this Agreement shall be for five consecutive years beginning on the date of acceptance by and signatures of the CITY ~nd CONTRACTOR, whichever comes later. RENEWAL OF AGREEMENT This Agreement may be renewable on a five-year basis after a concurrence of both parties on any negotiated changes to the terms and specifications contained in this Agreement. Attachment 2 of this Agreement may be reviewed on an annual basis at which time, amended unit costs may be submitted by CONTRACTOR to CITY to reflect the current disaster recovery market value of Services listed in Attachment 1 and priced in Attachment 2 of this Agreement. Such Page 2 amendments shall become part of this Agreement after a concurrence and signature of both parties. TERMINATION Either party upon 365 days written notice to the other party may terminate this Agreement. INSURANCE AND BONDS CONTRACTOR shall name the CITY as additional insui'ed on CONTRACTOR's insurance policies. CONTRACTOR shall maintain the following insurance limits: Worker's Compensation - Statutory Limits of the State of Florida; General Liability - One Million Dollars ($1,000,000.00) any single occurrence; Additional Liability Umbrella - Five Million Dollars ($5,000,000.00) CONTRACTOR shall provide CITY a Certificate of Insurance evidencing such coverage. At the CITY'S option the CONTRACTOR will furnish a performance and payment bond for any and/or all Notices to Proceed. The cost of said bond premium will not be an additional cost to the CITY. CERTIFICATES OF INSURANCE Required insurance shall be documented in certificates of insurance which provide that the CITY shall be notified at least thirty (30) days in advance &cancellation, non-renewal, or adverse change. New certificates of insurance are to be provided to the CITY at least fifteen (15) days prior to coverage renewals. Receipt of Certificates or other documentation of insurance or policies or copies of policies by the CITY or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of CONTRACTOR's obligation to fulfill the insurance requirements herein. WARRANTY OF TITLE AND WAIVER OF LIEN The CONTRACTOR shall not at any time suffer or permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise by any person or persons whomsoever to remain on file with the CITY against any money due or to become due for any work done or materials furnished under thi~ Agreement or by any reason or claim or demand against CONTRACTOR. Such lien, attachment, or encumbrance, until it is removed, shall preclude any and all claims or demands for any payment by virtue of this Agreement. SUBCONTRACTING The CONTRACTOR shall be fully responsible to CITY for the acts and omissions for its subcontractors and of persons directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons employed by it. Page 3 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the services and give the CONTRACTOR the same powers regarding terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of this Agreement. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and the CITY. The CONTRACTOR shall supply the names and addresses of subcontractors and materials suppliers when requested to do so by the CITY upon activation of this Agreement and updated by the CONTRACTOR to the CITY on a biweekly basis during said activation. The CONTRACTOR shall not use a subcontractor or material supplier whom the CITY has a reasonable objection to, and shall make all reasonable attempts to subcontract with local firms currently doing business within the CITY and/or Palm Beach County, Florida. CITY OBLIGATIONS The CITY shall furnish all information and documents necessary for the commencement of services, to include valid written Notices to Proceed. A representative will be designated by the CITY to be the primary contact person for inspecting the work and answering any on-site questions prior to and after activation of this Agreement via a Notice to Proceed. This person shall be ENTIRE AGREEMENT This Agreement and Attachments referred to herein, contain the entire Agreement of the parties, and there are no other binding promises or conditions in any other Agreement whether oral or written. Page 4 JURISDICTION/VENUE The laws of the State of Florida shall govern this Agreement. Venue of this Agreement shall be in Palm Beach County, Florida. ON BEHALF OF: CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA By: Mayor Date: ATTEST: Clerk/Deputy Clerk of the Board ON BEHALF OF: GRUBBS CO N STRU~CTION.~IPANY By: ~ Title: Vice President ATTEST: S~cretary ~ STATE OF FLORIDA COUNTY OF PALM BEACH ,e foregoinl~ instrument was acknow, ledge~ hero, re me ,this'~('Xc~_~0~_ ~ iD 1999, by ~.~c~-.~.,o~ , as '-I ~t~ ~_-~k~ t~, &~- of GRUBBS .. CONS-TRII~CTI-ON C(JlV~PANY, a~lo~da Corpora~i0n, on behalf of the Corporation(.H~she is personally know~, to be or has produced as idemificatio~. · Notary Public CUNDA C. ROUSH MY COMMISSION # CC 745332 IlL Page 5 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 1 The following is a listing of services and/or tasks to be provided by CONTRACTOR to CITY upon receipt by CONTRACTOR of a Notice to Proceed: SCOPE OF SERVICES ONE - DEBRIS REMOVAL Emergency Road Clearance The CONTRACTOR shall accomplish the cutting, tossing and/or pushing of debris from the primary transportation routes as identified by and directed by the CITY. This operational aspect of the scope of services shall be for the first 100 (plus or minus) hours after an Event. Once this task is accomplished, the following tasks will begin as required. Debris Removal from Public Property (Rights-of-way, Publicly Owned Properties - Pick-up and Haul) As identified by and directed by the CITY, the CONTRACTOR shall accomplish the demolition, pick-up and hauling of all eligible debris to the designated Temporary Debris Staging and Reduction Sites (TDSRS's) from public property and rights-of-way, and shall maintain debris work sites to appropriate use standards, safety standards, and regulatory requirements. Debris Removal from Private Property (Right-of Entry Program - Pick- up and Haul) ~o~ ~_e~ Should an imminent threat to life, safety and health to/tl~ general public be pre~nt on private property, the CONTRACTOR as identified b}/and ,cl!rected by the CIT/Y, will accomplish the pick-up and hauling of debris to the/q'DSRS s from private pyfperty. Upon receipt of the completed fight of entry form/hold harmless agreement,~ and execution of the non-duplication of benefits agreement from the CITY, the CONTRACTOR shall also demolish those residences and personal property, as identified by the CITY. The CONTRACTOR will place all debris collected through this process in the right-of-way, where the above scope of services (Debris Removal from Public Property) shall commence. The CITY feels that it is potentially in the best interest of the health and safety of its citizens to provide this service. Attached to this Agreement are copies of the forms to be executed by the individual property owners. The CONTRACTOR shall maintain debris work sites to appropriate use standards, safety standards, and regulatory requirements. Page 1 of 5 Hazardous Stumps (Removal, Back-f'dl, Haul) As identified and directed by the CITY, the CONTRACTOR shall remove all hazardous stumps, as identified by the CITY, and haul each stump to a TDSRS. Each stump shall be inspected by the CITY and CONTRACTOR inspector and documented as to the appropriate category of size for invoicing (see Attachment 2 for size categories and prices). The CONTRACTOR shall back-fill each stump hole with compatible material as determined by the CITY and CONTRACTOR. Temporary Debris Staging and Reduction Sites (TDSRS) The Contractor will prepare and maintain TDSRS's to accept and process all storm debris; maintain the TDSRS's approach and interior road for the entire period of debris hauling; any roads that require stone for stabilization for ingress and egress, will be furnished by CONTRACTOR; build and maintain a roofed inspection tower sufficient for a minimum of three (3) inspectors; the inspection of every load in and out which shall be further defined in documentation section below; process all debris in accordance with all local, state and federal rules, standards, and regulations; Processing may include, but is not be limited to, reduction by tub grinding and/or incineration when approved, transporting and final disposal at a location agreed to by both parties. Prior to reduction, all debris will be segregated between vegetative debris, construction and demolition debris (C&D), recyclable debris, white goods and hazardous wastes; all reduced debris as well as non-reducible debris will be disposed of at a location(s) agreed to by both parties. TDSRS Site Reclamation Site reclamation shall be accomplished in accordance with all Federal, State and Local laws, standards and regulations; Site reclamation shall be accomplished in accordance with the CONTRACTOR's Debris Removal Operations Plan and Environmental Protection Plan. Disaster Event Generated Hazardous Wastes Abatement CONTRACTOR shall abate all hazardous waste identified by the CITY in accordance with all applicable Federal, State and Local laws, standards and regulations to include but not limited to 29 CFR 1910.120, 40 CFR 311 and 49 CFR 100-199; Hazardous waste abatement shall be accomplished in accordance with the CONTRACTOR's Debris Removal Operations Plan and Environmental Protection Plan. Prices for this Service will be negotiated at time of Event dependent upon types of materials, quantities and hazards present. Prices shall be attached to this Agreement in the form ora Memorandum for the Record. Page 2 of 5 Sand Screening The CONTRACTOR shall screen all sand, as directed by the CITY, to remove all eligible debris deposited by an Event. This task includes the pick-up of debris laden sand, hauling debris laden sand to the processing screen located on the beach, processing the debris laden sand through the screen and returning clean sand to the approximate original location on the beach as directed by the CITY. Debris removed from sand will be picked-up, hauled and processed utilizing the scope of services located above for Debris Removal from Public Property. Documentation and Inspections All storm debris shall be subject to inspection by the CITY or any Public Authority in accordance with generally accepted standards to insure compliance with the contract and applicable local, state and Federal laws. The CONTRACTOR will, at all times, provide the CITY access to all work sites and disposal areas. In addition, authorized representatives and agents of any participating Federal or state agency shall be permitted to inspect all work and materials. The CONTRACTOR and the CITY will have in place at the TDSRS's, personnel to verify the contents and cubic yards of the vehicles entering the TDSRS's. Records will be maintained of every vehicle entering the TDSRS, its cubic yardage and verification the vehicle leaving the TDSRS to ensure that it is in fact empty. The CONTRACTOR and the CITY will monitor the material to determine that it in fact consists of eligible debris. The CONTRACTOR and the CITY will have in place at the pick up site, personnel to verify the contents, location, date and time of the vehicles departing for the TDSRS. Prior to use the CONTRACTOR and the CITY will establish and record the certified cubic yard capacity and will inspect each haul truck. The CONTRACTOR will include and provide disposal tickets, field inspection reports, and other data sufficient to provide substantiation for Federal (FEMA, etc.) and State reimbursement, if applicable. The CONTRACTOR will assist the CITY in preparation of Federal (FEMA) and State reports for any potential reimbursement through the training of CITY employees and the review of documentation prior to submittal. The CONTRACTOR will work closely with the Florida Division of Emergency Management, FEMA and other applicable State and Federal Agencies to insure that eligible debris collection and data documenting same appropriately addresses concerns of the likely reimbursement agencies. Priority of Work Areas The CITY will establish the priority of and shall approve the work area in advance, which the CONTRACTOR will be allowed to work. Daily and/or weekly scheduled meetings will be held to determine approved work areas. The CONTRACTOR shall remove all eligible debris and leave the site from which the eligible debris was removed in a clean and neat condition with the understanding that there will be certain debris that is not picked up by equipment, machinery and general laborers used by the CONTRACTOR. Determination of when a site is in a clean and neat condition will be at the reasonable judgment of the CITY. Page 3 of 5 Working Hours Al1 activity associated with gathering and loading of eligible debris shall be performed during visible daylight hours only. Hauling of eligible debris to the TDSRS's will be allowed during visible daylight hours only between dawn and dusk. The CONTRACTOR may work during these hours seven (7) days per week including holidays. It is understood between the parties that at the TDSRS's, debris reduction may take place twenty-four (24) hours, seven (7) days per week if the CONTRACTOR deems it necessary and safe. CONTRACTOR shall be responsible for obtaining sites to stage equipment, such as trucks, while not in use. Debris Disposal The CONTRACTOR shall dispose of all debris, reduced debris, ash residue and other products of the debris management process in accordance with all-applicable Federal, State and local laws, standards and regulations. Final disposal locations shall be at the discretion of the CONTRACTOR with prior acceptance of the CITY. Information regarding the location of final disposal shall be attached to this Agreement in the form of a Memorandum for the Record. The CONTRACTOR and CITY inspector assigned to the disposal process shall maintain disposal records and documentation. Documentation shall be quantified in Cubic Yards. White Goods The CONTRACTOR may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in the Florida Administrative Code. The CONTRACTOR shall dispose of all white goods encountered in accordance with applicable Federal, State and local laws. Any white goods that may contain Freon, such as refrigerators, freezers, or air conditioners, shall have the Freon removed by the CONTRACTOR in accordance to applicable regulatory requirements. There is no additional payment made for handling of white goods as this cost of work is included in the cubic yard unit price for debris removal. SCOPE OF SERVICES TWO-' TECHNICAL DISASTER RECOVERY ASSISTANCE ITEM I: PROGRAM MANAGEMENT ASSISTANCE SEE NOTE (1) 1. PUBLIC ASSISTANCE PROGRAM a) Damage Survey Report (DSR) or Project Worksheet (PW) Official DSR/PW requests - Assist CITY personnel in the following: a) Identification. of expenditures eligible for reimbursement Page 4 of 5 b) Submission of official "request for DSR inspection" ii) Local government representation on DSPUPW team - Train and assist CITY personnel to accomplish the following: a) Identification of eligible items for reimbursement b) Review of DSR/PW for accurate scope of work c) Review of DSR/PW for accurate unit costs iii) Recovery process documentation - Assist CITY personnel in the following: a) Creation of recovery process documentation plan b) Maintenance of documentation of recovery process iv) Force account labor vs. contract labor a) Recommendations to government officials on need to contract or utilize force account labor v) Recovery process oversight a) Recommendation to government officials on need to contract for project management for projects requiring intense oversight b) DSR/PW tracking through State and Federal process c) Written and oral status reports to government officials b) Documentation Support i) Review of records system for applicability to Federal and State requirements ii) Orientation and training of Department/Division Heads on requirements for quality and quantity of required documentation iii) Assist in selection of"Clerk of Records" and provide detailed training for documentation iv) Review documentation for accuracy and quantity v) Assist in preparation of claim documentation c) Consultation and negotiation services i) Recommendations to government officials on plans of action ii) Provide guidance to government officials on issues involving Federal and State reimbursement iii) Assist CITY officials in negotiations with Federal and State officials d) Other representations as may be requested / required NOTE (1): This is the concept of complete recovery management support where Grubbs Construction Company's Emergency S~rvices Division would assist an applicant on all aspects of the recovery process. Grubbs Construction Company's Emergency Services Division personnel cannot assume the Sovereign Duties of the CITY officials, therefor these services shall be in the form of guidance and consultation. Page 5 of 5 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 2 The following is a listing of costs for technical services and/or tasks to be provided by CONTKACTOR to CITY upon issuance to the CONTKACTOR of a Notice to Proceed. Costs denoted by an hourly dollar amount represent an hourly rate for personnel and/or equipment services. Costs denoted by a unit price denote the cost per Cubic Yard or cost per Ton to provide the appropriate services of debris removal. CONTRACTOR INVOICING The CONTRACTOR may invoice the CITY not more than once every fifteen (15) Days. Fifteen (15) days after beginning work and/or providing services described in a Notice to Proceed, the CONTRACTOR shall submit the first payment request to the CITY. The payment request shall be filled out and signed by the CONTRACTOR covering the work performed during the period covered by the payment request and supported by such data as the CITY may reasonably require. The CITY shall, within five (5) working days of receiving such payment request, finalize review of documentation and make payment to CONTRACTOR. CONTRACTOR will be subject to audit by Federal, state and local agencies pursuant to this Contract. The invoice must contain the following items as applicable to individual task orders: COSTS FOR SCOPE OF SERVICES ONE- DEBRIS REMOVAL Measurement and Payment for Gathering, Pick-up, Hauling and Processing of Debris from Public Property The CONTRACTOR will not be compensated for disposing of any material not defined as eligible debris. The CONTRACTOR and CITY will inspect each load to verify the contents are in accordance with the accepted definition of eligible debris. If any load is determined to contain material that does not conform to the definition of eligible debris, the load will be ordered to be deposited at another landfill or receiving facility and no payment will be allowed for that load, and the CONTRACTOR will not invoice the CITY for such loads. For each suitable ~oad picked up, hauled, processed, a record of the cubic yards will be recorded by the CONTRACTOR and CITY on numbered tickets supplied by the CONTRACTOR. Copies of each load record will be available to the CONTRACTOR and the CITY's designee on site. Each invoice shall contain verification of each cubic yardage load ticket and also contain a summary sheet indicating, by day, the individual verified load receipt and invoice amounts. The CITY may temporarily remove any disputed amount line items in the bill from the invoice for review. Disposal tickets disputed will be returned to the CONTRACTOR, within five (5) working days of invoice date, for additional clarification prior to payment of those tickets. The CONTRACTOR shall receive Twenty Doll.ars and no/100 ($20.00) per cubic yard for the material from public property that is gathered, picked up, hauled and processed by the CONTRACTOR. For each suitable load disposed of by the CONTRACTOR, the CONTRACTOR shall receive Five Dollars and 00/100 ($5.00) per Cubic Yard for hauling to the final disposal site. Disposal costs (Tipping Fees) shall be invoiced to the CITY by the CONTRACTOR based on the Palm Beach County Landfill's actual current tipping fee, regardless of final disposal location, at the time of disposal. This reference of cost does not preclude the CONTRACTOR bom utilizing alternative disposal sites as agreed upon by both parties (see Attachment 1, page 5, Debris Disposal, of this Agreement). The CONTRACTOR at no additional charge to the CITY shall accomplish TDSRS Site Reclamation, since the cost of this service is included in the costs listed above in this paragraph. Measurement and Payment for Emergency Road Clearance, Demolition of Structures and Debris Removal from Private Property. Measurement of these services utilizing other than an hourly rate is difficult at best and would potentially lend itself to unnecessary disputes. Therefore, the CITY and the CONTRACTOR agree that the CONTRACTOR shall invoice the CITY utilizing the hourly rates listed in Attachment 3 to this Agreement. A not-to-exceed amount shall be placed upon any specific work performed at an hourly rate at time of issuance of a Notice-to-Proceed by the CITY to the CONTRACTOR as agreed upon by both parties. The CITY and the CONTRACTOR shall have inspectors in the field with each work crew to monitor, record, and sign time sheets for the actual times worked for each piece of equipment and crew-member present at a particular work site. These signed records shall be the basis for the CONTRACTOR's invoice to the CITY. Hazardous Stumps (Removal, Back-fill, Haul to TDSRS) The removal and hauling of hazardous stumps is a unique process requiring specialized equipment. As such, this process requires a unique documentation and costing. Each stump will be measured by the CITY and CONTRACTOR inspector assigned, three (3) feet above normal ground level, to determine the diameter of the trunk. Once the diameter is established, the stump will be physically numbered by the best means available, photo documented by the CITY and recorded by the inspectors on a specific record provided by the CONTRACTOR. The CONTRACTOR shall invoice the CITY for hazardous stump removal and hauling to the TDSRS utilizing the following categories: Up to but less 6 inch diameter - $ 250.00 per stump 6 inch diameter and up, but less than 12 inches - $ 500.00 per stump 12 inch diameter and up, but less than 24 inches - $1,000.00 per stump 24 inch diameter and up, but less than 48 inches - $1,500.00 per stump Equal to or greater than 48 inch diameter - $2,000.00 per stump Page 2 of 3 The CONTRACTOR shall invoice the CITY Ten Dollars and 00/100 ($10.00) per cubic yard for acquiring, hauling and placing clean back-fill material in holes left by hazardous stumps. Sand Screening The CONTRACTOR shall invoice the CITY Ten Dollars and 00/100 ($10.00) per cubic yard of sand screened, to remove eligible debris deposited by an Event. This cost includes pick-up of debris laden sand, hauling to the processing screen located on the beach, processing the sand through the screen and returning clean sand to the beach as directed by the CITY. Debris removed from sand will be picked-up, hauled and processed utilizing the costs located above for Debris Removal from Public Property. COSTS FOR SCOPE OF SERVICES TWO- TECHNICAL DISASTER RECOVERY ASSISTANCE ITEM I: PROGRAM MANAGEMENT ASSISTANCE All costs associated with this service are included in the costs listed above. There will be no additional cost for this service. ~3~3 AGREEMENT FOR DISASTER RECOVERY SERVICES Attachment 3 Hourly rates to be applied to Services as referenced in Attachment 2 of this Agreement. Equipment Description Unit Unit Price 30 Ton or lars~er Crane Hour $170.00 50' Bucket Truck Hour $140.00 Track-Hoes - John Deere 690 or equivalent Hour $120.00 Wheel-Loader 644 or equivalent Hour $120.00 D-6 Dozers or equivalent Hour $120.00 John Deere 544 or equivalent Hour $110.00 Equipment Transports Hour $90.00 Service Truck Hour $65.00 Bobcat Loader Hour $60.00 Tractors with box blade Hour $35.00 5 Cubic Yard Dump Truck Hour $35.00 (The above rates include operators.) Personnel Description Unit Unit Price Climber with gear Hour $95.00 Superintendent with Truck Hour $55.00 Foreman with Truck Hour $55.00 Operator with Chainsaw Hour $35.00 Survey personnel with vehicle Hour $31.00 Traffic Control Personnel Hour $31.00 Inspector with vehicle Hour $31.00 Laborers Hour $26.00 Greetings: Grubbs Construction Company has created the Emergency Services Division so as to assist the public and private sectors with all three phases of preparing for, responding to and recovering from emergencies or disasters. We now have the full time staff commitment of experts from the state level, federal level as well as the construction industry. The diverse background of this staff allows the company to quickly formulate specialized teams and to provide rapid situation assessment, on site advice, recovery coordination plus task specific contracting to other firms and all three levels of government. The high quality construction reputation of Grubbs Construction Company will extend to any endeavor that the Emergency Services Division has the opportunity to serve. If we can be of service or assis- tance to you or the sector that you represent, please be at liberty to contact me. Sincerely John G. Grubbs President quality of Devastation Recovery and Disposal Berm and Beach Renourishment Emergency rvices Division EMERGENCY SERVICES 1-888-GRUBBS-t · ' 1888~I:IUSES 1 EMERGENCY SERVICES DIVISION Debris and Proces ing Sites Participation in Various Disaster Relief Projects Loading & Transportation of Debris Fire Suppression & Assistance Letters of Commendation  June ~8,1998  ~WINNE3~ COUNTY Se~,~l t~mely and ~ent ~n~r. To,aec an~ Grubb~ C~n~c~ct~ea Cempan~ have ~ade s(g~i~cant contr~butiens te ............ ~~ ~ ....... ~ ............. JthG ..... C .......... C ......... b .............. · .,~.. ~.- ~, ~..~ ~..(~*~,.~m CITY OF PORT ORANGE becoming molehills Company ,hopes FEMA approves haul to Sampson explained BY SANDY BEST /~OUse ' DAILY NEWS STAFF .Paint. SNEADS FERRY -- Standing on o.n Coun, ~t is a mountain of construction debris, dust, Anthony Tanner, Grubbs Con- r~p. Last avail, struction project manager, points to a mound of shingles,~ escalating rapidly into a two-story pile of gar- Piling up: Tanner is dwarfed by one of the many st bage. Use of the 'N.C. 210 demolition "It's going to be real expensive," amount of trash is or and construeti0n debris site set up Tanner said. the trash that will be by Onslow County officials is in full The debris-hauling trucks can As for Vegetative d~! carry up to 50 cubic yards. Tanner puny is buraing tree swing. Companies can haul shfit- said he contracts with local truck- the help of ~ f0rced-a tered houses and old couches lng companies, and he is using "The purP0ke is there. Even though agencies such about 30 to 40 trucks per . If he smoke or er~ssions as the' N.C.' Department of Trans- portation can uq]oad debris wins the contract to the air" T~er said Grubbs Constructioh, a Florida son County, Tanner wi de~rue(or' company, is organizing ~e dif- other trucks. ferent Piles'into a ~uiltwOrk Pat- At the 210 by t~ tract of land owned flld( tera of 0Id tires, metal wasteS, ply- tic and to wood 'and siding, ur~wanted furni- about 30 ture and trees, debris "Hopefully, FEMA 'wil! authorize there are (Tuesday) for us to take it to Samp- yards son County," said Tanner, adding "The that the Onslow County landfill is beaches," now almost full and must 'reserve Singling space for household garbage, and He did not estimate how mUCh it said his would cost to haul debris 80 miles to Sampson County. He l , ear : r : :' ~r~ ir~ -'MERGENCY SERVICES DIVISION CONSTRUCTION COMPANY Tom Rankin Division Manager tomrankin~disasterresp on se. corn Voice - 704-922-2992 Fax - 704-922-4838 Cellular - 704-860-0464 811 Ashebrook Park Road, Dallas, NC 28034 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY IqhAIAGER~t~ SUBJECT: AGENDA ITEM S ~- SPECIAL MEETING OF MARCH 10, 1999 RESOLUTION NO. 16-99 (AUTHORIZING ACQUISITION OF PROPERTY AT NORTHWEST CORNER OF SWINTON AVENUE AND S.W. 10TH STREET) DATE: MARCH 5, 1999 On April 7, 1998, the City Commission approved the issuance of a formal notice of intent to acquire the vacant, 3-acre parcel of land at the northwest corner of Swinton Avenue and S.W. 10th Street. A copy of the minutes from that meeting are attached. Staff pursued acquisition of the property and in January, 1999, extended an offer to purchase in the amount of $160,000.00. The offer was accepted by Mr. Hernandez, the property owner, on February 1st. In order to proceed with the closing, formal approval of the sale and purchase is required from the City Commission by adoption of an authorizing resolution. I recommend approval of Resolution No. 16-99. ref:agmemoll RESOLUTION NO. 16-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at the northwest corner of S.W. 10th Street and Swinton Avenue; and WHEREAS, the Seller, Miguel Hernandez, desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose of the construction of affordable single family housing units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission, as Buyer, hereby agrees to purchase from Miguel Hernandez, as Seller, land for the purchase price of One Hundred Sixty Thousand Dollars ($160,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: Subdivision of Section 20-46-43, being the SE 1/4 of Lot 12 (Less W 173 FT S 25 FT SW 10th St & E 25 FT & RET Curve Area Swinton Avenue R/WS). Said vacant property located at the northwest corner of S.W. 10th Street and Swinton Avenue, Delray Beach, Florida; containing 3.25 acres, more or less. Section 2. That the terms and conditions in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and Miguel Hernandez are attached hereto as Attachment A and incorporated herein. PASSED AND ADOPTED in special session on this the 10th day of March, 1999. ~ ATTEST: ~City Cl~k ! CONTRACT FOR SALE AND PURCHASE MIGUEL HERNANDEZ, ("Seller"), of Miami, Florida, and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall buy the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Subdivision of Section 20, Township 46 South, Range 43 East, being the SE 1/4 of Lot 12 (Less W 173 ft. S 25 ft. SW 10th St. & E 25 ft. & RET Curve Area Swinton Avenue R/WS). Said vacant property located at the northwest corner of S.W. 10th Street and Swinton Avenue, Delray Beach, Florida; containing 3.15 acres, more or less. II. PURCHASE PRICE ................ $160,000.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before April 15, 1999, the offer will, at Buyer's option, be withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before May 1, 1999, unless extended by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and 'none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egressi Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. -2- E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the deed shall be paid by Seller. J. Prorations~ credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is availablq, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. -3- K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Inspection~ Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3 %) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3 %) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance procgeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the -4- rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1997), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended tb be bound by it. -5- S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: City of Delray Beach SELLER: By: By: Mayor, Jay Alperin Miguel Hernandez ATTEST: By: City Clerk Approved as to Form: By: City Attorney State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~ day of , 1999 by MIGUEL HERNANDEZ, who is personally known to me or who has produced (type of identification) and who did (did not) take an oath. Signature of Notary Public- State of Florida -6- DRUG ABUSE FOUNDA T/ON OF PALM BEAO't COUNTY CITY OF' DELRAY BEACH ~ PUBLIC WORKS COMPLEX ~ WATER TREATMENT ,, r ' PLANT 71~ ~ '/TH eT. STREET I PINE GROVE ELEMENTARY SCHOOL FALL RIDGE FL ORANDA OF' DELRA Y TRAILER S.£. '~2'n.~ RD. PARK HARBOUR SIDE GULF STREAM COMMERCIAL CENTRE DOMAINE UNTO. TRuss T H E O~,RAY R~B~ p L A Z A co, v~o COUNTY B/,NYA,; TRE£ ~NITA~ON A T .L~am DELRAY HARBOURS EDC. E OLD HARBi~JR PLAZA LIN TON BOULEVARD J I ~ I I "i I I I I I I I I I I ( N P/6 SHI DBG AFFORDABLE HOUSING C1TY OF O~:L~AY BEACH. ItL PLANNING Ir ZON~O DEPARTMENT -- D,~./TA~ ~.,~£ MAP ~M -- MAP REF: LM232 £1T¥ OF DELRI:IV BErl£H DELRAY BEACH  100 N.W. 15t AVENUE · DELRAY BEACH, FLORIDA33444 · (561) 243-7000 ~lFAmag~CilYJanuary 26, 1999 1093 Mignel Hernande~ 7200 Miller Drive ~ FL 33155-5502 RE:. C_m2__er for Purc2'mse Dear Mr. Hernandez: Pursuant to the authorization given to me by formal action of the City Commission, please accept this letter as the City of Delray Beach's formal offer to purchase your property identified as: 12-4.3-46-20-01-012-0010; SUB of SEC 20-46-43, SE V4 of Lot 12 (Less W 173 FT S 25 FI' SW 10~' St & E 25 FT & RET Cra'ye Area Swinton Avenue R/W$). The City is offering to purchase your property in the amount of $160,000. The proposed purchase price is based on the appraised value established in June, 1998 by Jenkins Appraisal Services, Inc. and our findings from the preliminary Soil Profiles done by. AM Engineering and Testing, Inc., in December, 1998. Consideration is also given to infrastructure costs to develop the property and other soft costs necessary to construct affordable single family homes for our residents. If the proposed sale price is acceptable to you, please sign in the area provided at the bottom of this letter. If you plan to counter the offer, please do so in writing at your earliest convenience. We appreciate your patience with us, considering the length of ffme it has taken to get to this point. It is out intent to work toward finalizing the purchase of this property within the next 30 days. Please feel free to contact me at 561-243-7204 if you have any questions regarding this leRer. ]ook forward to your response ~ ~,~O_ ~:}~J~f.~.g-/~,/~ Sincerely, - I accept the offer for purcha~ in the amount of $160,000 ".- Date Signed ' c~ l~vid Harden ' '- '- THE EFFORT ALWAYS MATTERS to purchase this lot in the West Settlers Historic District, but the lot has several liens on it from City-initiated activity. The CRA is negotiating with the property owner to acquire the lot at the appraised value of $11,500. The owner desires to realize a net profit of $6,000 from the sale of the property. The City has been abating nuisances on the property since 1986 and demol- ished an unsafe structure in 1990,. with actual out-of-pocket costs totaling $3,572.73. The CRA is asking for the waiver of the interest and administrative fees totaling $4,947.41. Staff recommends that the owner be required to pay the City's actual out-of-pocket costs in the amount of $3,572.73. Mr. Egan moved to approve the CRA's request to waive accumulated interest and administrative fees levied against property located at 309 N.W. let Street (Lot 16, Block 35, Town of Delray), with the City to be reimbursed for actual out-of- pocket costs in the amount of $3,572.73. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.F. REQUEST TO ISSUE NOTICE OF INTENT TO ACOUIRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF SWINTON AVENUE AND S.W. ~0TH ~TREET~ Consider authorizing staff to issue a formal notice of intent to acquire the 3 acre, vacant property located at the northwest corner of Swinton Avenue and S.W. 10th Street for use under the City's affordable housing program. Lula Butler, Director of Community Improvement, stated the request is for the City Commission to grant approval for the issuance of a formal notice of the City's intent to acquire the three acre, vacant property located at the northwest corner of Swinton Avenue and S.W. 10th Street. The property is zoned R-lA (Single Family Residential) District and the intent is to pur- chase the property with State Housing Initiatives Program (SHIP) funds and/or Community Development Block Grant (CDBG) funds for ultimate development as an affordable housing opportunity for moderate income households. The actual acquisition would proba- bly occur during the 1998/99 fiscal year. Mr. Ellingsworth moved to approve the issuance of a formal notice of intent to acquire the three-acre, vacant proper- ty located at the northwest corner of Swinton Avenue and S.W. 10th Street; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.G. IXTENSION OF RIGHT TURN LANE ON N.l. 4TH STREET RAILROAD TRACKS TO N.B. 5TH AVENUE)~ Consider the preliminary cost estimate and authorization for staff to proceed with the design for extending the right turn lane on N.B. 4th Street from N.B. 5th Avenue west to just east of the FBC Railroad tracks. 4/07/98 £1TY I)F OELARY BER£H DELRAY BEACH  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 MEMORANDUM ,~ TO: David T. Harden 993 City Manager FROM: ~Robert A. Barcinski Assistant City Manager DATE: March 4, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION SPECIAL/WORKSHOP MARCH 10, 1999 BID AWARD - 72" MOWERS ACTION City Commission is requested to approve a bid award under Florida State Contract #515-630- 530-0822 two (2) 72" Toro Groundsmaster mowers from Wescoturf Turf Supply, Inc. in the amount of $21,400. Funding is available in account number 501-3312-591-64.20 "City Garage/Automotive." Commission is requested to approve the bid award for two (2) replacement mowers. The new mowers will replace a 1988 and a 1991 72" Toro Groundsmaster mowers used by the Parks Maintenance Division. RECOMMENDATION Staff recommends award of a bid under Florida State Contract #515-630-530-0822 for two (2) Toro Groundsmaster mowers in the amount of $21,400 from Wescoturf Turf Supply, Inc. in the amount of $21,400. Funding is available from account number 501-3312-591-64.20 "City Garage/Automotive." RAB/tas File:u:sweeney/agenda Doc: 030499a. doc THE EFFORT ALWAYS MATTERS ~. g. Printed on Recycled Paper Agenda Item No: ~<'~ ~. AGENDA REQUEST ~.~///~//9~ Request to be placed on: Regular Agenda x Special Agenda Workshop Agenda When: 03/10/99 Description of agenda item (who, whaL where, how much): Request bid award of two (2) 72" Toro Groundsmaster mowers under the State contract number 515-630-530-0822 from Wescoturf Turf Supplyt Inc. in the amount of $21,400 to replace two (2) mowers in the Parks Department. Funding is available in account 501-3312-591-64.20 with the attached budget transfer. Bid awards on 03/02/99 only leaves a balance of approximately $6,000. ORDINANCE/RESOLUTION REQUIRED YES/NO Dra~ Attached: YES/NO Recommendation: Department Head Signature: '~~~ ~ Determmatio_n of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): (~ Funding Availabl~O Funding altemati¥¢s: (if applicable) / Account No. & Dqscripfion: Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved TO: Robert A. Barcinski, Asst. City Manager FROM: Jacklyn Rooney, Purchasing Supervisor~ THROUGH: Milena Walinski, Asst. Finance Director DATE: March 03, 1999 SUBJECT: Purchase of Two (2) Toro Groundsmaster Mowers Parks and Recreation Department is in need of two (2) 72" cut, 23 horsepower, groundsmaster mowers to replace current mowers which are obsolete and in need of replacement. The Toro Groundsmaster Mower is available from Florida State Contact #515-630-530-0822 from Wescoturf Turf Supply Inc. at a total price of $10,500 each. Wescoturf Turf Supply Inc. has agreed to extend to the City of Delray Beach the price from the Florida State Contract. See attached memo dated March 03, 1999, from Wescoturf Supply Inc. and detailed specifications. The total cost for the two mowers is $21,000 and $400 additional for two (2) adjustable suspension seats. Funding from account code 551-3312-591-64.20. Attachments: Memo From Wesco Turf Supply Inc. Copy of State Contract For Toro Mower .. ..MAR-03-1999 12:50 UESCO TURF SUPPLY, INC. 40? 333 9246 P.02/84 WESCO TURF SUPPLY, INC. 300 TECHNO£OG¥ PARK / LAKE MARY, FLORIDA 32746 (407) 333-3600 FA~ (407) 333-9246 March 3, 1999 City of Dclray Beach Attention: Jackie Rooncy Purchasing Supervisor Fax: 561-243-7166 Dear Sackie: You are extended the right to purchase under Florida State Contract: Commodky Number - 515-630-530-0822 (1) 30223 Tom Groundsmaster 223D $10,500.00 ea. (1) 30553 72" Side Discharge Deck (l) 30769 Standard Seat (1) 92-8763 Weight Kit (1) 24-5780 Weight Kit Optional: (1) Adjustable Suspension Seat 200.00 ea. If you have any questions or require additional information, please contact me at 407- 333-3600 ext. 109_ Sincerely, WESCO TURF SUPPLY, INC. Donn~ Malloy Sales Coordinator ..MAR-03-1999 12:51 WESCO TURF SUPPLY, INC, 40? 533 9246 P.D3/D4 GroundsmasteP 200 Series Specifications* Mitsubishi Model L3L=-61TG, 3 cylinder, inlinel 4 cycle, liquid Brigg6 & Straftork~aihat~u, Model DM 950G, 3 cylinder, inline, ___,c~ot~_t~_~_~_~_~d ~ eaglrm_ ~3 hp (~7.2 kW); govemc[I to a maximum llqu~ cOON~ ga.~dine ermine. 24.9 hp; governed to 3200 rpm_ speed of 3200 rll~l. 58.09 cu. in. (9.52 cc) displacerne~L Forced Mecfuul~aJ cont~ugaJ governor. 12 volt elecfdc fuel l:~mp. 12 lubrication by gear pump. Mechanical cer~trlfugal governor, volt (I.0 kW) starter. Heavy duty remote mounted mr cleaner_ 12 v01t (1.6 kW}. electric (Iransistor-type) fuel pump with Pressure feed lubrication, spin-on oil filter. Tuned air induction ENGII~E replaceable filter_ Replaceable fuel filter/water separator with system. H~I~ temperature shut-down switch (Optional: Spark 3 mJc~n flltratioa. 12 volt (1,6 kW] starter_ Heavy duty remote Armstur Screen (P/N 75-6880.) mounted air cteaner. Spin-on al! fib[ High water temperature shut-(~X~vn switclt (Optional: Spark An'ee~r Screen, FUEL CAPACITY 8,5 gallon (32.2_ Ilter). diesel fuel 8.5 gaJJon (322 Imf), unleaded gasoline. GAUGES & ENGINE Hour meter, fuel gauge, temperature gauge, 4 Jight warning Hour meter, fuel gauge, temperaturo gauge, 3 light warning ~RO'TECTION SY~'FEMS cluster gauge: oil pre. ssum, water temperature, amps and glow cluster gauge: oil pressure, water temperature and amps. plug. High water temperature shut-down. High water temperature shut-down. Mid-mounted indust,fiaJ radiator constmcbon, 7 fins per Inch. Mid-mounted industrial radiator construction, 7 fins per inch R&DIATOR Approx. 6 qu~rt (S.7 liter) capacity. Remote mounted 1 quart Appmoc 6 quart ($_'7 Jltar) capacity_ Remote mounted 1/2 quart (.9.5 Her) expansion tank. (.47 ~er) expant,~m tank. Hydroslatic U-type transmission with single pedal control of forward/reverse ground speed_ 25 micron replaceable rifler. Axle serves as TRACTION DRIVE reservoir for hydrostatic transmission; also serves the power steering and lift valve. Approx. lubrication capacity: 6 quarts (.6.7 liters). Model 30243: Rear axle is mechanically dnven film front axle by a univorr~J shaft. AI~ ort-~ema~lcl clutch Overrunning pre~nts rear __ scuffing in tums and maintains turning radius, sarrm as in ~_-wheel drive mode. Approx. 2.2 quart (:~.1 liter) gear lubricant capaci~. GROUND SPEED/ 0-1o mph (16.1 km/hr), infinimly ~armble. CLE~RANC, E Frortt ground d~m'ance: 8' (1.6.2 ce). Model 30243: rear ground c~aamnce of 4_5' (13 MAIN FR_~ Aa welded tm'reed steel TIRES/~F,,EJ~ Two front tracti~l ~ive bras-23 x 8.5-12 with demountable rims. PRESSURE Two roar steering bras: II~o~let$ 30223/30230--16 x §.50.B; Modal 30~_43--18 x 6.50~. All tires am tubeless and 4-ply raled. Recommended tire pmssuro: 20 psi {138 kpa) O~onal W~de Tire w/Rim, 23 x 10_5-12, Part No. 62-7020. Individual 7' x 1.75' (178 cmx 4.4 ce) drum type wheel b~kes and parking brakes on front tract~n wheels. Dynami~ braking through BRAKE~ ~'ac~on drive. STEERING H~Iic power steering. 13' (~ ce) stee~tng whe~l. IMPLEMENT DRIVE I' (2,5 ce) demeter PTO sha~ c~utched by a tomlUe-taamed "HA" eection V-belt. PTO engaged by electric Clutch/brake. Connection tO implement iS w~h a universal jolt and telescoping shaft IMPLEMENT UFT Tv~n hydraulic cyrirx~m ~erate lift arms CONTROLS Foot-operated traction and brake pedale_ HenO-o~rafed throttle, PTO switch, brake lock, a"~plement i~ lever, I~nttiO~ switch and choke or gtow plugs. ELECTRICAL 12 Vol~ maintenance tree petlery wilh 530 cold cranking amps at 0° F (-18" C), g5 minute reserve capacity at B0° F (2?° C) 40 amp - FEA'I'IJRES ~mtor with I.O. regulator/rectltier. Seat switch, ~ and trachon interlock switches. Easy acoess to fuse panel $OUNO LEVEL 90 dGIA) at operator's ear under r~ormal operating condlrion$; will Vary Slightly dependmg on deck size. CERTIFICATION Cerllfie~l to me~t the Am#dcan National S~alldard InStitute's (ANSI) spe~lcaUons, B71.4-1990 end applicable Federal and State regulations basgd thereon_ WARRANTY Two year limited warranty. Refer to the appropriate Groundsmaster ?00 Series Operator's Manua~ for further ~etmls, Width Length Height D~'y Wotght Wheelbase DIYENSIONS & WEIGHT M=dats, 3~223,30230 43.75" (131 cm)[1] 82" (:)08 cra) SD' (1;~7 cra) ~ ~20 lbs. {508 kg) 46" (117 Model, 30243 47' [119 cm)[2] 85' (216 ce) 50' (127 cml 139{3 lbs. (626 k~) 47.5" (121 ce) [1] &~umo' from oumiae of tmn~ .~MRR-03-1999 12:51 WESCO TURF SUPPLY, INC. 48? 333 9246 P.04×1~4 r- % i !i~" SIDE DIGCHARGE I/ODEL ~ GUARDIAI~ 62' S~' REAR I:II~E 62" SIDE DISCHARGE 72" SlOE DISCHARGE RE. CYCLER' MODEL 31~Ba MODEL 31~64 MODEL 30575 MODEL 30569 5~' (132 cra) widlh d cu~ -- 6~' (157 un) widl~ of cut, ~;'~ 1tL3 ca1) mo~ d ctit, 62' {157 crn) width of cul, TYPE :~t~arla. trent mourned rma~y. 3-blade. ~ mounted rO~a~,. 3-blade. Iron! mounted rolary. 3-bla~e, lmm mounted rotory MOWING RATE'"' (1.~ he,ms, ri ~t ~.5 mph (1.4 heclare~/hr) at $~, mph (1.6 h~---toras,~lr) aT $.5 m~h (1.4 hec~are~/nr) at ~.5 mph {~$ loW,ri. (a.9 km~r). (a.9 km~r), la.9 I~ ll~ l~m (~ al Dank all~M lmm au'mide of wheel Ded~ o~ lmm outside d wtmel Deck offset to left tTOm ¢~ltof ~ to M mm ~ 10.,~? to left l~n ~ide: 16' (41 cra}, to ~ t~m .~de: 18" (46 cra). line: 2' (5 cra}. Deck tnm width (26 cml U~ut ~ Mit Uncut ~ left: 18' (46 cra). tlncut ~ left: 14' {36 cra). lmm autsid~ o1 standa~ TRIMABIUTY 2Ir (66 ~m}. L~ut ~=le m'~ Llnl;~ cinlte willl u'Je d individualUrl~t cin~c ~1 u'~ of individl~l trm lo trim side-left: 13' (&3 crn) us~ (~ ~ ,~ee113mtm~: 0'. wt~el I~ak~s: ~'. wheel bnams: 0'. Uncut cin:le nght: 22' (56 cra) Uncut ci~,rJe wilh usa of wheel braking: O" Trim~ ~n both r~#lG ~fr~Ul~ll~ i~ .5' (13 nl~) ~ Dy ~ 4 ~ pins holding lhe ded[ suspended ~ c;m~r 1.5' Io 4.~' (3.8 cm ~ 11 4 aw) hendr ~ Neigh~ ol mi range; 1' to 4' 12.5 to 10,1 cra). ModM ~ o~ly: HOC range adiustable front and mar in HEIGNT OF CUT af 1' ta 3.S' {2~ cm ~ $.9 cra) .5' {13 mm} increments wil~ spa~ws ~ Ih~ castro sha~. Medel ~_~t5__~5:12 gauge termed sim 12 ?? ~ and wal~ steal ~ns~'uc~,n wl~ 7 gaoge welded 12 gauge steel ~; {1~ 'c~ ' cen~'lJcaen ~ tnlegtal ~lJctural support bracings. 5' (1~.7 cra) deep Wind-TunneP housing, deep, welded con~lrocllon nbs, 7 gauge welded sap~t rainlomed with 12 gauge channels bradmls. ~' (12.7 aa) deep Win6- and 10 gauge plates CONSTRUC'rlo~ Tur,~' haus~. 12 gaugm Ironed ar~t ~allMd ~ with 7 gauge 3' p'_6 aa) IrrO ~ dmen, ~dalion mouatecl gea~ ~ ~ angle sl~ral heal gaam. Gembax pMey drwes a single Ir, cql~on mounled FTO drben 'AA' sanson bait to 3 ~;Fr~lles, sM-tensioned ~th a mbbar tomien idlar am and nvel~d stmd ~ pulley w~ ~ea~/x~ ,Mth 1.26:~ ag-tYPe w~Parseal andbearl~g. Earl11".(2.5 an) diameter blade sPindle shalt is .mou~d_ i~.e conicaJlysuppor~ed , bevel geal~ Slngle"AA'$ecl~on cas~ ton hauang with t&oerai relier ~..arings gma.~d ~rom ~ t~. Drive pulley s~m~d to sl~ndle shaft Blade aUaptor i hex her to eptndles, Steel wold.d m spindle shaft M~er bade ~olle~ to a0Aoto~ and ~indle, , pulleys. 1' {2-5 cra) diameter CUTTER DRIVE spindle sha~s mm on two graisaab~ tapped roller bearings (g~a.sa~b~ from mp of Mck). A poet~ ,~ined r,~ien attadmG pu#eys to sl)lndle snstts Three ill[ {46 cml m~, ~.s' 163 m) Thme.2i~; i55 ch1) ta!~, 2.S' {G.3 Gm) Three 24.7S' (63 ~1 long. 2.S' Three 21.75' (55 cra} tom, 1;4' BI~DES ~le, ~/m (5 mm) lhick, heat-~eatad wide, ~/~s' {5 mm) lhick, I~eat-tmmte:l (S.3 cra) wide, W (6 mm) th~. (6 ma~) ~hlck, h~btmateU steel, ~l blade, sim b/a~s. , heat-trusted ste~l blades. Guardian F~-'ycter .M~ fmety.sus .pe~dad~ in parental Career frame. Heighl 'o! cut bract~et ~'esign a~'fl~dl~le career i~ame Dec~ ,hou$i~ suSpmded by (4) CARRIER FRAME enhanm cultmg u~t floral~ and ground ~low~l caDabitib-. I20 cra) caster wha~ls pasitJonad for opamum grooml IollOwing SUSPENSION Rear M..~ers fastum patented tS01ation s~m. P ,,neu?~.., 8' {:~9.3 aa) diammer, ~' (7-6 ml) wi0e, tu~f tread tires mounted aa 4' (~ O2 cra) wheets will1 mgroaseable Two lmnt end mar cast~r-~tres CASTER WHEELS' .m~.. r....l~l...m~.~. ?n0__ho~?y ?? bu.~inl~ ralalmg ma reDtaoea~e ,f~Lnnec <Options, Phenolic Ca,, Wheel Asr, embly, Ir x 3.5' (20x B.g cra)consist o, hard rul:Y~er and regmaseable 5:~" P~ ' .,57' SD ~'.BD -72' .SD Anti-scalp cup Iocatocl on each Two tmnl celller n~le~ Y Y Y 'Y blade. Three anti-scalp roller~;. ANTI-SCALP Two rear cenler adj. n~lle~J Y Y Y Adju~abl~ skids Left ~la llm',/mar maels y y FEATURES R~nt see tm. Umar mlle~s 'l¥1mGIde. deck skid plate y y Bla~ llnlLsr, alp cup~ V y y y DECK COVE,q$ Ouid(:mlease type lalctms; no tooL~ requital. Ouick-mlease, hig~ rm~ect pt,stic covet's, No tools reqUa'ed. High ~ itt1 arms ~lh mounting pmvisio~ lot quick attach, aetach al mower career frame er obher allachme~lls, In0epefl-d~;t! ~i11 arms and LIFT ARMS hyd~ulJc weight tmnsler provide deck flolaUon, WEIGHT 2Oo ~,'(91 kg) 2B5 lbs. {129 kg) .... 360 lbs, (t63 kg) ' 340 lbs. (154 kgJ COUNTERBALANCE, Bod~ ~ 20 ~s. (9 ~g)" Model 3~223: 55 lbs. ~;2'~kg) MaM 30'z2~: 90 lbs_ {41 1(,3] Mod~ ~;-~: 7(3 lbs {32 M~ al]23~: 55 lbs. (:~5 kg} MOdel 30230: 125 las. {56 kg) Model 30~30: '140 bs. (63 kg) Modal 30230: lo5 las. (56 WEIGHT[3] of mar Caumer~ht, required of mar counlef we,'Ill required, mar counler weighl required, of rear ~ounfer weq~l requJred. CERTIFICATION C;ertlied te rne~ 1he Amer~an National S~andar0 Inslleaa's (ANSi)'~pe,ificatiens, BT1,4-1Dg0 and applicable Feder~ and Slat~ regulalto~ 'based thereon. · ~d, ImO ~ ~ to ~ ~ ~e~ce. PmOUL~ O~i~ in II~ls emcflum am fo~ ~emonsgm~n ~uq~M~ only ~1~al prmluc~ ollerao for lale J11ay ~/n uae, [3101~ mai' ~m~l~.~ '~ ale mql,~n~ wt~ tmCU. n L.r~ me. elf. 30223 &nd 3Q23D ~lependl~1§ u~n ~ch deck or ~e~ la ~g ua~ Io meal ANSi. Visit TOro on the World Wide Web at www. toro,com TOTRL P. O4 Wesco Turf Page 1 of I Wesco Turf ORDERING INSTRUCTIONS NOTE: ALL ORDERS SHOULD BE DIRECTED TO: SPURS VENDOR NUMBER: F52-2120964-001 VENDOR: WESCO TURF SUPPLY, INC. (A) STREET ADDRESS OR P.O. BOX: 300 TECHNOLOGY PARK CITY, STATE, ZIP: LAKE MARY, FL 32746 TELEPHONE: 407-333-3600 TOLL FREE NO.:800-393-8873 ORDERING FAX NO.: 407-333-9246 WILL ACCEPT THE STATE OF FLORIDA PURCHASING CARD X._WILL NOT ACCEPT THE STATE OF FLORIDA PURCHASING CARD PRODUCT INFORMATION: DIRECT INQUIRY TO: NAME AND TITLE: DONNA MALLOY - SALES CO-ORDINATOR ADDRESS: 300 TECHNOLOGY PARK CITY, STATE, ZiP: LAKE MARY, FL 32746 TELEPHONE: 407-333-3600 TOLL FREE NO.:800-393-8873 Authorized Dealers/Distributors and/or Service Location Wesco Turf Supply, Inc. 300 Technology Park Lake Mary, FI 32746 (407) 333-3600 Hector Turf 1301 N W Third Street Deerfield Beach, FI 33442 (954) 429-3200 Jerry Pate Turf Supply 100 East Robert Road Pensacola, FI 32534 (850) 968-0731 Wesco Turf, Inc. 2101 Cantu Court Sarasota, FI 34232 (941) 377-6777 Friday, February 26, 1999 9:52 AM MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: DAVID T. HARDEN, CITY MANAGEP~ SUBJECT: INCREASING PENSIONS FOR RETIRED EMPLOYEES DATE: MARCH 5, 1999 Last year both representatives of retired general employees and the Police and Firefighters Retirement System Board of Trustees requested that the city consider increasing the pensions of our retired employees to partially offset the effects of inflation. The general employees did not recommend a specific amount for the requested increase. The Police and Firefighters Retirement System Board recommended 0.5% per year for employees retired 11 to 20 years, and 1.0% per year for those retired more than 20 years. To increase Police and Fire pensions as recommended would cost $58,995 per year for the next 15 years The city has increased pensions twice in the past. Police Officers and Firefighters who retired prior to October 1, 1990, received a 5% increase starting April 1, 1993. Earlier, those who retired prior to October 1, 1987, received an increase of 2% per year for each year they had been retired, starting January 1, 1988. Since we did increase pensions the 2% per year, I do not feel that another variable increase based on the number of years since retirement is appropriate. General employees received an increase of 2% per year for each year of retirement prior to February 28, 1986. Then employees who retired prior to January 1, 1991, received a 5% increase starting January 1,1993. Copies of the increase requests are attached, together with the previous increase ordinances and a table showing the Consumer Price Index changes since 1972. Also attached is a list of all our retirees showing their current monthly retirement benefit. You should bear in mind that Police Officers and Firefighters retiring after September 30, 1993, receive cost of living increases under their pension plan, so ad hoc adjustments will not be needed for those retiring after that date. It has been five years since we last adjusted pension benefits. In light of that fact and the strong financial position of both pension plans, I recommend that an adjustment be considered. I recommend that for both plans, benefits be increased five percent for all those who retired prior to September 30, 1993. Once the Commission gives direction on what increase you wish to consider, if any, we will have to have an actuarial cost study done before an ordinance can be adopted increasing the benefits. S/CityClerk/Memo/Pension /,,i/.$./ To: David T. From: Joseph M.'Saffo~ce Director Date: August 10, 1998 Subject: General Employees' Retirement Plan- COLA Request The last cost of living issued to retirees in the General Employees Retirement Plan was effective January 1, 1993. We have had inquiries from retirees if it would be possible for the City Commission to address this issue since it appears they have addressed this issue in five (5) year increments. As you know, with an approval of our request to change the actuarial assumption on investment eamings from 7.25% to 8% (recommended by actuaries), the City required contribution to the pension plan could conceivably be zero (0). We are currently scheduling a General Employees' Pension Board meeting to have this recommendation approved. This would mean that the current required City contribution of 5.36% would be reduced to 0.00% of payroll. Please provide your position on this matter. cc: General Employees' Pension Board General Employees' Pension file ORDINANCE NO. 48-86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE IV, "PENSIONS FOR GENERAL EMPLOYEES", OF THE CODE OF ORDINANCES OF THE CITY OF DE-LRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 18-120, PROVIDING SUPPLEMENTAL RETIREMENT INCOME FOR EMPLOYEES WHO RETIRED PRIOR TO MARCH 1, 1986; PROVIDING A MINIMUM MONTHLY RETIREMENT BENEFIT FOR SAID RETIREES; PROVIDING FOR CERTAIN RETROACTIVE APPLICATION OF SUCH AMENDMENT; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ' ~S.~. That Section 18-120, "SUPPLEMENTAL RETIREMENT INCOME FOR EMPLOYEES WHO RETIRED PRIOR TO FEBRUARY 1, 1986", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Employees who retired prior to February 1, 1986 shall receive an increase in their retirement income calculated in accordance with Sections 18-109, 18-110, 18-111, 18-112 and 18-113 equal to two (2%) percent for each year from the date of the employee's retirement through February 28, 1986; provided, all such employees who retired prior to March 1, 1986 shall receive retirement income of at least $200 per month. The suDplement and minimum Section 35.098 SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFITS. · . Effective as of January 1, 1993, all employees or beneficiaries of employees who were receiving benefits under the plan prior to January 1, 1991, shall have the monthly amo.unt of retirement income increased by five percent (5%) over thc gross amount they were receiving in December of 1990. provided, however, that alt employees and designated beneficiaries who receive plan benefits that are based on or derived from a participant's normal retirement income, regardless of the participant's retirement date, shall receive benefits based on a minimum monthly normal retirement income amount of at least $400. (Ord. No. 48-86, passed 8/12/86; Am. Ord. No. 65-92, passed 12/8/92; Am. Ord. No. 78-93, passed 12/7/93) Section 35.099. PARTICIPANT TO FURNISH REQUIRED INFORMATION. (A) Each participant will furnish to the Retirement Committee such information as the Committee considers necessary or desirable for the purpose of administering the plan, and the ~rovisions of the plan respecting any payments thereunder are conditional upon the participant's furnishing promptly such true, full, and complete information as the Committee may request. (B) Each participant will sUbmit proof of his age (and, in the case of his election of Sec. 35.097(E) (1) (b) or (c) of this subchapter, proof of the age of the joint pensioner selected by him) to the Committee at that time as required by the Committee. If proof of age is not submitted by a participant as required, the Committee may defer action on the participaqt's request for retirement benefits or rely on other available' information to determine age. Any adjustment required by reason of lack of proof or misstatement of tl~e age of persons entitled to benefits hereunder, by the participant or otherwise, will be in a manner as the Committee deems equitable. (C) Any notice or information which, according to the terms of the plan or the rules of the Committee, must be filed with the Committee shall be deemed so filed if addressed and either delivered in person or mailed to the Committee, in care of the city. '80 Code, Sec. 18-130) (~. Ord. No. 78-93, passed 12/7/93) III.127 Board of Trustees CITY OF DELRA Y BEACH POLICE AND FIREFIGHTERS RETIREMENT SYSTEM 100 N. W. 1st Avenue Delray Beach, Florida 33444 MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LIEUTENANT ROBERT BROWN, CHAIRMAN CITY OF DELRAY BEACH POLICE & FIREFiGHTERS' RETIREMENT DATE: JULY 27, 1998 SUBJECT: ONE TIME BENEFIT INCREASE FOR RETIRED MEMBERS At the request of retired members of the Police and Firefighters' Retirement System, a sub- committee was formed to review and consider raising their monthly benefits. Members, who retired prior to September 30, 1993, are on a fixed income without any additional adjustments; therefore, during the past year, these members approached the Board with this request. Only twice since 1974 when the retirement plan was put in place has the Board reviewed and made recommendations to the Commission for a benefit increase. These "one-time" recommendations (once in 1988 and again in 1993) were approved and the retirees received an additional monetary benefit. In both instances all retirees considered for an increase were given a percentage increase. This gave our retirees some relief from the inflation that was ravaging their pensions. This sub-committee reviewed only those retirees' accounts not covered by a Benefit Enhancement, reviewed the current monthly pension payment, and attempted to come up with a plan to help those members who were receiving the least money. It was also decided that we should attempt to minimize the impact of any increase on the plan and the City. The sub-committee's first recommendation after the review is that retirees who have been retired !ess than !! (1-10) years did not appear to be seriously suffering from the effect of inflation; therefore we recommend no increase. Retirees who have been retired more than 10 but less than 20 (11-20) years should receive .5% per year for each year they have been in retirement. For those Retirees who have been retired more than 20 (20+) years should receive 1% per year for every year in retirement. The sub-committee felt that by addressing the increases in this way the likelihood for further requests would be minimized. An actuarial study was done to determine the cost of the proposal: the total cost projected was $58,995 per year paid off in 15 years for a total cost to the plan of $480,313 of 0.55% of this year's covered payroll. The proposal was presented and recommended for approval by the Board for consideration by the Commission. ORDINANCE NO. 102-87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE HI, "PENSIONS FOR POLICE AND FIREMEN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 18-54, PROVIDING SUPPLEMENTAL RETIREMENT INCOME FOR POLICE OFFICERS AND FIREFIGHTERS WHO RETIRED PRIOR TO OCTOBER 1, 1987; PROVIDING A MINIMUM MONTHLY RETIREMENT BENEFIT FOR SAID RETIREES; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY C,0UNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 18-54, "SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM ~--~NEFIT FOR MEMBERS WHO RETIRED PRIOR TO OCTOBER 1, 1987", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Members who retired prior to October 1, 1987 shall receive an increase in their retirement income calculated in accordance with Sections 18-48 and 18-49, equal to two (2) per cent for each year from the date of the. member's retirement through September 30, 1987; provided, all such members who retired prior to Oetobar 1, 1987 shall receive retirement income of at least $200 per month. The supplemental and minimum retirement iueome provided in this section shall 9e paid effective January 1, 1988. The supplemental retirement income provided in this section shall not be subject to the benefit offset contained in Sections 18-48(5)(3)5 and 18-48(5Xg). Section 2. That should any section or provision of this ordinance or any portion thereo-~, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That this ordinance should become effective immediately after' its passage on second and final reading and shall be applicable to retirees as set forth in Section I of this ordinance. PASSED AND ADOPTED in special session on second and final reading on this the 22nd day of.Decembev198?. ATTEST'. First Reading December 8, 1987 Second Reading December 22, 1987 ORDINANCE NO. 38-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.68, "SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFIT FOR MEMBERS WHO RETIRED PRIOR TO CERTAIN DATE", TO PROVIDE INCREASES IN BENEFIT LEVELS TO CURRENT RETIREES AND BENEFICIARIES OR PERSONS WHO TERMINATED EMPLOYMENT PRIOR TO OCTOBER 1, 1990, AND BEGAN RECEIVING BENEFITS PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; TO RETROACTIVELY PROVIDE INCREASES TO CERTAIN BENEFICIARIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission had passed Ordinance No. 102-87 on December 22, 1987; and, WHEREAS, Ordinance No. 102-87 granted increases in retirement income to members of the plan who had retired prior to October 1, 1987; and, WHEREAS, it was the intent of Ordinance No. 102-87 that both members and beneficiaries of members who had retired prior to October 1, 1987, receive an increase in their benefit levels; and, WHEREAS, the City of Delray Beach Police and Fire Board of Trustees has actually authorized the increased payments to both members and beneficiaries of members who retired prior to October 1, 1987; and, WHEREAS, the City Commission wishes to codify the intent and practice of paying such increased amounts to beneficiaries of members who retired prior to October 1, 1987; and, WHEREAS, the City Commission and Police and Fire Board of Trustees are desirous of granting further increases to present members and beneficiaries of members who retired prior to October 1, 1990. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", Subheading "Pensions", Section 33.68, "Supplemental Retirement Income and Minimum Benefit for Members who Retired Prior to Certain Date", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended as follows: (A) Members and beneficiaries of members who retired prior to October 1, 1987, shall receive an increase in their retirement income calculated in accordance with Sections 33.62 and 33.63, equal to two percent (2%) for each year from the date of the member's retirement through September 30, 1987; however, all such members who retired prior to October 1, 1987, shall receive retirement income of at least $200 per month. The supplemental and minimum retirement income provided in this section shall be paid effective January 1, 1988. The supplemental retirement income provided in this section shall not be subject to the benefit offset contained in Section 33.62(E) (5) (e) and (E) (7). (B) Members and beneficiaries of members who retired or terminated employment ~rior to October 1, 1990~ and began receiving benefits prior to the effective date of this ordinance~ shall receive an increase in their retirement income calculated in accordance with Sec. 33.62, 33.63~ 33.68(A), equal to five percent (5%). The supplemental and minimum retirement income provided in this section shall be paid effective April 1, 1993. The supplemental retirement income provided in this section shall not be subject to the benefit offset contained in Section 33.62(E)(5)(e) and (E)(7). Section 2. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective ten days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 8th day of June , 1993. ATTEST: JCity CNerk ~ First Reading May 11, 1993 Second Reading May 25: ]99~ (~ which time continued to 6/8/93) June 8, 1993 (public hearing closed; ordinance adopted) -2- Ord. No. 38-93 TyP~ ~! G~s M~ OUINN, Joseph 02-01-71 Normal $603.00 CROFT, R.C. 05-01-72 Normal $1,023.23 ROSEKE, Wayne 08-01-73 Normal $1,320.23 .BUCHAN, Homer 09-01-74 Disability $997.76 BROWN, Redick 03-01-76 Disability $838.79 MICHAELS, Donald 04-01-76 Normal $945.55 COOK, Clarence 03-01-'~7 Normal $1.,662.52 .SLAGER, Robert 03-01-79 Normal $1,295.77 HILL, William 06-01-80 Normal $936.85 .SEMOSH, Alex 09-01-80 Normal $1,443.90 BRAILFORD, Clifford 03-01-81 Normal $1,125.20 HELVENSTON, James 05-01-81 Normal $885.15 .GE.RNER, Raymond 09-01-81 Disability $979.19 BEAN, Willie 11-01-81 Disability $1,270.33 NUBIN, Theron 05-01-82 Disability $583.88 BERGLIN, Allen 11-01-83 Disability $1,341.59 MOORE, Fenton 12-01-83 Disability $1,595.90 MICHAELS, Harold 05-01-84 Disability $1,976.24 SMITH, Dennis 06-01-84 Disability $2,496.17 JACKSON, Michael 12-01-84 Disability $2,618.95 MAGINLEY, Lestroy 04-01-85 Normal $1,287.99 WEBB, Donald 12-01-85 Normal $1,172.29 RUFFING, Robert 02-01-87 Disability $1,983.66 BRADBURY, Wayne 03-01-87 Disability $2,189.57 ANDREWS, John 11-01-89 Disability $2,056.90 WAUGH, Michael 11-01-89 Disability $2,197.06 PITTMAN, Bernard 01-01-90 Disability $2,020.22 WAY, John 01-01-90 Disability $1,987.27 HORN, Robert 01-01-90 Normal $1,656.17 SHEA, James 01-01-90 Normal $1,980.20 WONDRA, Dennis 01-01-90 Normal $2,066.28 BALDWIN, Benjamin 03-01-90 Normal $1,481.76 MALINOWSKI, Michael 07-01-90 Disability $2,708.91 ZIEGLAR, Frederick 08-01-90 Disability $2,444.75 KILGORE, Charles 11-01-90 Normal $4,090.01 BROOKS, Lorenzo 01-01-91 Normal $1,511.78 SHINHOLT, Richard 05-01-92 Disability $2,324.77 TVVITTY, J.J. 08-01-92 Normal $2,432.98 HILL, Earkis 11-01-92 Normal $1,307.31 COCHRANE, William 06-01-93 Normal $3,583.93 HENRIQUES, Frank 06-01-93 Normal $3,231.97 EVANS, Robert 07-01-93 Normal $2,556.29 INMAN, Wayne 10-01-93 Normal $2,084.85 LEE, Selwyn 12-01-93 Normal $2,014.42 BUCE, Thomas 06-01-94 DROP $1,954.19 MOCK, Thomas 06-01-94 DROP $2,147.34 TRAWICK, Douglas 06-01-94 DROP $2,438.69 RYNCARZ, Frank 07-01-94 Normal $3,091.77 KOPEL, Joseph 07-01-94 DROP $2,354.79 HERNDON, Kenneth 08-01-94 Normal* $1,997.42 SENFF, Richard 08-01-94 Normal* $2,310.77 DAMATO, Alfred 08-01-94 DROP $1,965.16 LEWIS, Allen 12-01-94 Disability $3,416.25 CREASMAN,.Terry 02-01-95 Normal $1,229.93 CATO, Michael 06-01-95 DROP $2,512.28 GARITO, Elario 07-01-95 DROP $1,999.48 STRAGHN, Randy 10-01-95 DROP $2,150.96 SYLVESTER, Robert 04-01-96 Normal $1,752.74 D'ATRIO, Richard 0'5-01-96 DROP $2,599.45 BROWN, Robert II 08-01-96 DROP $2,035.78 MORLEY, Dennis 09-01-96 DROP $2,062.88 BOMBACIE, William 11-01-96 Disability $2,704.46 LINCOLN, Richard 12-01-96 Normal $3,065.41 GALYON, Jeffery 01-01-97 Disability $2,412.23 FAHEY, Glenn 02-01-97 Disability $2,701.54 MELIS, Alberto 02-01-97 Normal $2,971.51 WIGDERSON, Michael 02-01-97 DROP $3,341.65 HENDRICKS, Michael 05-01-97 DROP $2,920.34 SEARLES, Barry 05-01-97 DROP $2,003.81 SCHOFIELD, Pete 06-01-97 DROP $1,807.82 HAAS, Maurice 02-01-98 DROP $2,989.53 HULL, Steven 05-01-98 DROP $2,082.95 REGO, William 05-01-98 DROP $2,285.10 BATEMAN, Susan 06-01-98 Disability $2,857.08 MARTIN, Glasco 06-01-98 DROP $2,447.30 CUMMINGS, David 10-01-98 Disability $2,069.40 NEDDO, Arthur 10-01-98 DROP $2,847.90 MORLEY, Edward 03-01-99 Normal $3,083.53 *Early Retirement Incentive WOP,THING, Hallie 06-01-74 Normal $635.47 MITCHELL, George 12-01-77 Normal $517.49 THOMAS, Maria 06-01-78 Normal $446.82 WHITE, E.R. 06-01-78 Normal $465.75 GODFP,EY, Kathryn 11-01-78 Normal $400.00 CARTEE, Wade 01-01-79 Normal $754.95 SCHULT, Patti 04-01-79 Normal $400.00 NIEVES, Eufemio 07-01-79 Normal $400.00 DICAMPLI, Mary 11-01-79 Normal $425.94 ERRIGO, Robert 12-01-79 Normal $445.67 REID, Roy 04-01-80 Normal $611.97 BOURBONNIERE, Jacqueline 08-01-80 Normal $602.72 LAPOINTE, John 12-01-80 Normal $400.00 WEBER, Thomas 02-01-81 Normal $1,419.98 MARRIO'I-r, J. Eldon 10-01-81 Normal $928.31 KEANE, Hugh 01-01-82 Normal $648.14 JONES, William 12-01-82 Normal $563.84 CHARLOW,.Willie 06-01-83 Normal $400.00 MORRIS, Eligah 10-01-83 Normal $1,089.08 MC LENDON, James 03-01-84 Normal $708.79 ANKNEY, Richard 10-01-84 Normal $400.00 BARR, Harold 10-01-84 Normal $400.00 POVVELL, Joseph 04-01-85 Normal $652.19 DOOLEY, Frank 07-01-85 Normal $927.41 HYCH, J.W. 02-01-86 Normal $435.71 SMITH, William 02-01-86 Normal $619.47 JOHNSON, Louis 06-01-86 Normal $887.54 BROOKS, Floyd 08-01-86 Normal $1,039.12 BRAUNSTEIN, Leah 03-01-87 Normal $476.49 GEORGE, John 05-01-87 Normal $826.82 SCOTT, Norbert 01-01-88 Normal $1,339.43 COVVDREY, Marie 04-01-88 Normal $721.42 HANKERSON, Therman 08-01-88 Normal $411.25 MONTFORT, Riley 08-01-88 Normal $597.11 TYSON, Albert 10-01-88 Normal $1,649.97 AILSTOCK, Robert 05-01-89 Normal $861.27 MORREALE, Salvatore 06-01-89 Normal $692.37 P, OLLE, Norman 08-01-89 Normal $1,545.89 I_ASTER, Garfield 10-01-89 Normal $842.37 SIMMONS, Willie 11-01-89 Normal $550.27 KNUDSON, John 12-01-89 Normal $569.69 ARNAU, Elizabeth 02-01-90 Normal $2,077.70 LANG, Willie 02-01-90 Normal $1,314.06 AXELROD, Charles 01-01-91 Normal $893.08 JOHNSON, Dewey 01-01-91 Normal $924.48 DAVIDSON, Norma 02-01-91 Normal $484.07 CONDRY, Willie 05-01-91 Normal $593.68 MILLER, Paul 06-01-91 Normal $834.84 HUGHES, Stanley 01-01-92 Normal $795.54 Retire Name t Ret~i~t Pension Bepefit CHURCH, Gerald 04-01-92 Normal $1,385.22 JOHNSON, Calvin 06-01-92 Normal $976.66 DERANGO, Ernest 09-01-92 Normal $1,046.42 BARNES, Samuel 10-01-92 Normal $926.45 TYSON, John 12-01-92 Normal $492.18 MORRISON, Susan 08-01-93 Normal $1,452.36 ROTI, Nancy 08-01-93 Normal $1,754.98 THORNTON, James 11-01-93 Normal $1,270.58 BARRECA, Sally 06-01-94 Normal $491.30 KLEINMAN, Selma 07-01-94 Normal $1,438.43 EVANS, Robert 10-01-94 Normal $400.00 FOSTER, Edward 11-01-94 Normal $1,674.38 BOLT, Richard 12-01-94 Early $1,051.73 SWANSON, Ruth 12-01-94 Normal $910.12 BRAILFORD, Clifford 02-01-95 Normal $400.00 BELL, Katherine 07-01-95 Normal $513.82 RODRIGUEZ, Rosendo 07-01-95 Normal $493.60 LONTOS, Joseph 08-01-95 Normal $400.00 CLARK, Mitzi 12-01-95 Normal $778.02 DOSTA, L, Mary 12-01-95 Normal $1,003.34 TARTER, Katherine 01-01-96 Normal $374.13 GRAHAM, Lee 03-01-96 Normal $1,081.33 OLDAKER, Mildred 03-01-96 Normal $362.41 JOHNSON, Willie 08-01-96 Normal $1,042.92 OAS, Mary 08-01-96 Normal $476.81 GREENBERG, Harvey 01-01-97 Normal $1,206.33 PENNETTA, Arthur 01-01-97 Normal $972.97 BALVIN, George 04-01-97 Normal $505.20 GARLAND, Robert 04-01-97 Normal $1,751.90 PULLUM, Daniel 04-01-97 Normal $1,079.33 HATTON, John 06-01-97 Disability $1,653.54 MANNING, Charlotte 06-01-97 Normal $349.42 FRANK, Donald 07-01-97 Normal $400.34 FOSTER, Sylvia 08-01-97 Normal $631.78 GILLIAM, Edward 12-01-97 Normal $562.93 MORGAN, Sharon 01-01-98 Normal $900.54 GANGEMI, Rocco 07-01-98 Normal $378.24 JOHNSON, Edward 11-01-98 Early $947.49 GARLAND, Arthur 03-01-99 Normal $2,277.15