Loading...
09-21-99 Regular DELRAY BEACH NI-/Im~caC~ SEPTEMBER 21, 1999 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. 1993 COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes: Special Meeting of August 31, 1999 Regular Meeting of September 7, 1999 6. Proclamations: A. Recognizing and commending the Ocean Rescue Life~uard Competition Team on their achievements at the 1999 United States Lifesaving Association National Lifeguard Championships 7. Presentations: A. City Livability Award by Ralph Velocci, Regional Vice President, Waste Management B. Senator Ron Klein - Ceremonial Check in the amount of $100,000.00 from the Department of Environmental Protection for the Pompey Park Ballfields C. Professional Engineering Consultants (P.E.C.) on the comprehensive infrastructure capital program 8. Consent Agenda: City Manager recommends approval. A. AGREEMENT FOR SIDEWALK IMPROVEMENTS/WINDSOR COURT: Approve an agreement between the City and Windsor Court Delray Homeowner's Association, Inc. to allow the deferral of sidewalk improvements along Gleason Street and Bay Street associated with the Windsor Court townhouse development. B. EXTENSION OF DEP CONTRACT/FUNDING FOR BEACH NOURISHMENT PROJECT: Approve Amendment #4 to DEP Contract No. C-7115 to extend the agreement between the City and the Florida Department of Environmental Protection, through which funds Regular Commission Meeting September 21, 1999 are reimbursed for the Beach Nourishment Project, until September 30, 2000. C. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/ST. VINCENT FERRER CHURCH AND SCHOOL: Accept five (5) separate right-of-way deeds from the Diocese of Palm Beach associated with planned improvements to St. Vincent Ferrer church and school located at the southeast corner of George Bush Boulevard and N.E. 8th Avenue (840 George Bush Boulevard). D. INTERLOCAL AGREEMENT WITH THE CRA REGARDING WEST ATLANTIC AVENUE IMPROVEMENTS: Approve an interlocal agreement between the City and the Community Redevelopment Agency (CRA) wherein the City agrees to enter into a Joint Participation Agreement and a Local Agency Program Agreement with the Florida Department of Transportation to enable the CRA to receive ISTEA funding, and to direct and supervise the construction of certain improvements along West Atlantic Avenue. E. GRANT APPLICATION FOR PLAYGROUND EQUIPMENT AT POMPEY PARK: Authorize submitting an application to the Florida Recreation Development Assistance Program (FRDAP) for grant funding in the amount of $45,900 to assist with replacing the playground equipment at Pompey Park with the "Orbitor One" play system. The total project cost is estimated at $61,200 with the City's share of $15,300 to be funded from 334-4172-572-63.04 (General Capital Improvement Fund - Pompey Park Playground). F. TRAINING AGREEMENT RENEWAL/SCHOOL BOARD OF PALM BEACH COUNTY: Approve renewal of the agreement between the School Board of Palm Beach County and the City for vocational education programs for City employees for the period July 1, 1999 through June 30, 2002. G. WEED AND SEED TRANSFER AGREEMENT: Approve an amended interlocal agreement by and between the Board of County Commissioners, the Palm Beach County Sheriff's Office and the City for the transfer of the management, operations and staff of the Countywide Administrative Component of the Weed and Seed Program from the Sheriff's Office to the City, as clarified with respect to employee benefits and a cancellation provision. H. CLOSEOUT CHANGE ORDER ~2 & FINAL PAYMENT/CHAZ EOUIPMENT CO., INC. (DOTTEREL ROAD RECONSTRUCTION & BAY STREET UTILITY/ROAD IMPROVEMENTS): Approve closeout Change Order #2 in the amount of $2,823.79 and final payment in the amount of $20,328.08 to Chaz Equipment Co., Inc. for completion of the Dotterel Road reconstruction project and water main installation, storm drainage installation and road reconstruction of Bay Street from Venetian Drive to Gleason Street, with funding from 442-5178-536-63.51 (W&S Renewal & Replacement - Sewer Mains). -3- Regular Commission Meeting September 21, 1999 I. CLOSEOUT CHANGE ORDER ~1 & FINAL PAYMENT/GILMORE ELECTRIC CO., INC. (HAND'S PARKING LOT LIGHTING}: Approve closeout Change Order %1 in the amount of $2,998.00 and final payment in the amount of $3,958.11 to Gilmore Electric Co., Inc. for completion of the Hand's parking lot lighting project, with funding from 334-3162-541-63.15 (General Construction Fund - Downtown Parking Lots). J. CLOSEOUT CHANGE ORDER ~2 a FINAL PAYMENT/COLONNA CONSTRUCTION CO., INC. (AiA SIDEWALK IMPROVEMENTS & OSCEOLA PARK ALLEY IMPROVEMENTS): Approve closeout Change Order %2 in the net deduct amount of $2,426.58 and final payment in the amount of $3,236.13 to Colonna Construction Co., Inc. for completion of the referenced projects, with funding as follows: ($5,135.00) from 334-3162-541-63.11 (General Construction Fund - Bike Paths/Sidewalks), ($200.00) from 448-5411-538-63.90 (Stormwater - Other Improvements), and $2,908.42 from 442-5178-536-63.50 (R&R Water Mains). K. CLOSEOUT CHANGE ORDER #3 & FINAL PAYMENT/JAM-ROCK, INC. (S.W. 4TH STREET/S.W. 6TH AVENUE SIDEWALK IMPROVEMENTS): Approve closeout Change Order %3 in the amount of $16,951.96 and final payment in the amount of $19,274.36 to Jam-Rock, Inc. for completion of sidewalk construction on S.W. 4th Street, S.W. 6th Avenue, S.W. 7th Avenue and S.W. llth Street at Pine Grove Park, and on the south side of Lake Ida Road from Davis Road to Coral Way, with funding from 334-3162-541-63.11 (General Construction Fund - Bikepaths/Sidewalks), 118-1965-554-63.11 (Community Development - Bikepaths/ Sidewalks), and 442-5178-536-63.50 (W&S Renewal & Replacement - Water Mains). L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period of September 7th through September 17, 1999. M. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $37,399.78 to American La France Medic Master Corp. for the purchase of eleven (11) Automatic External Defibrillators, with 75% of the funding ($28,050) to come from a state grant and the remaining 25% match ($9,349.78) from Paramedic Account %115-0000-248-64.00. 2. Bid award in the amount of $22,842 to Wynn & Sons Environmental Construction, Inc., via Palm Beach County contract, for the replacement and repair of approximately 846 square yards or approximately 1,624 linear feet of concrete sidewalk on Swinton Avenue, Dixie Boulevard and N.E. 2nd Avenue, with funding from 334-3162-541-46.90 (General Construction Fund - Other Repair & Maintenance). 3. Purchase award in the amount of $24,476.00 to Lynn Pevey Company, sole source provider, for the purchase of an -4- Regular Commission Meeting September 21, 1999 AFIX Tracker (Automatic Fingerprinting Identification) System for the Police Department, with funding from 115-2114-521-64.11 (Bureau of Justice Assistance Block Grant - Computer Equipment). 9. Regular Agenda: A. MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT/BJCE, INC. (d/b/a DUBIN & ASSOCIATES): Consider approval of an agreement between the City and BJCE, Inc. (d/b/a Dubin & Associates) to provide for management services at the Municipal Golf Course and at the Lakeview Golf Course for the period October 1, 1999 through September 30, 2004. B. TENNIS CENTER MANAGEMENT AGREEMENT/BJCE, INC. (d/b/a DUBIN a ASSOCIATES): Consider approval of an agreement between the City and BJCE, Inc. (d/b/a Dubin & Associates) for management services at the Delray Beach Tennis Center for the period October 1, 1999 through September 30, 2004. C. RESOLUTION NO. 59-99: Consider approval of a resolution authorizing the acquisition of certain property located at 108 N.W. 2nd Avenue, and accepting the contract stating the terms and conditions for the sale and purchase between the Seller and the City. D. IN-LIEU OF PARKING FEE FOR ACCENTS AND DECOR ICE CREAM SHOP: Consider approval of a request to allow the payment of an in-lieu of fee for one (1) parking space associated with the addition of a 1,200 sq.ft, ice cream shop along the west side of the Accents and Decor home furnishing store located at the northwest corner of East Atlantic Avenue and Pineapple Grove Way (N.E. 2nd Avenue). E. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request from the Joint Venture for special event approval for the October 21, 1999, Art & Jazz, including temporary use permits for street closures, staff support, use of City equipment, and specified overtime costs. F. FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZATIONS: Consider approval of the recommended funding allocations for special events and charitable organizations for FY 2000. G. REJECTION OF BIDS/~OLF COURSE BRIDGE: Consider approval of staff's recommendation to reject the two bids received for the repair of the main bridge at the Municipal Golf Course and authorize staff to revise the specifications and re-bid the project. H. CONTRACT AWARD/MURRAY LOGAN CONSTRUCTION (KNOWLES PARK BOAT RAMP REMOVAL & REPLACEMENT PROJECT): Consider approval of a contract award in the amount of $87,010.00 to Murray Logan Construction, Inc., eecond low bidder, for construction of the -5- Regular Commission Meeting September 21, 1999 Knowles Park Boat Ramp Removal and Replacement project, with funding from 334-4179-572-63.90 (General Construction Fund - Knowles Park). I. APPOINTMENT TO THE PARKING NANAGEMENT ADVISORY BOARD: Appoint a business owner/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway to the Parking Management Advisory Board to fill an unexpired term ending January 31, 2000. The appointment will be made by Commissioner Randolph. 10. Public Hearings: A. RESOLUTION NO. 60-99 (MILLAGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for maintenance and operation, and for payment of principal and interest on bonded indebtedness, for FY 2000. B. RESOLUTION NO. 61-99 (MILLAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2000. C. RESOLUTION NO. 62-99 (BUDGET ADOPTION FOR FY 2000}: A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 1999 through September 30, 2000. 1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. D. ORDINANCE NO. 34-99: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levied", to provide for an increase in residential and commercial collection service rates for FY 2000. E. ORDINANCE NO. 35-99: An ordinance amending Chapter 71, "Parking Regulations", of the City Code by enacting a new Section 71.030, "Immobilization Regulations", to enact guidelines governing the immobilization (booting) of vehicles on private property. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: None Regular Commission Meeting September 21, 1999 13. comments and Inquiries on Non-Agenda Items. A. City Manager B. city Attorney C. City Commission -7- [:lTV DF I]EL R¥ BEI:II:H P~LR°AY' B'EA"(:H* ~00 N.W. 1st AVENUE · DELRAY BEACH. FLORIDA 33444 · 407/243-7000 ~ll,~ca Cit,/ WtlEREA~, the City of Delray Beach Parks and Recreation Department, Ocean Rescue 1993 Division, Lifeguard Competition Team competed in the 1999 United States Lifesaving Association National Lifeguard Championships in Cape May, New Jersey, on August 6 & 7, 1999; and WHEREe4S, over 1,200 lifeguard competitors participated from across the United States and from foreign countries including Japan, Australia and Canada; and WHE~, the Delray Beach Lifeguard Competition Team participated in the following U.S.L.A. events: Surf Swim Land Line Rescue Paddleboard Rescue Race International Ironman 800 Meter Paddle Surf Ski Beach Flags Run-Swim-Run American Ironman 2 Mile Beach Run 4 x 100 YardRun Relay WHEREAS, Team Captain Lt. Heather Hansen defended her Gold Medal for the fourth consecutive year placing 1st in the 800 Meter Women's Paddle; and WHEREAS, Lt. Heather Hansen also won Gold Medals in the Surf Ski Race, Women's Open and Women's Senior Divisions, and Lifeguard EMT Tom Swift won a Gold Medal in the Paddleboard Rescue Race, both leading the team to place 9tn overall in the United States; and WHEREAS, the involvement and achievements of the Delray Beach Lifeguards in this national competition have generated much civic and community pride.. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the citizens of Delray Beach, do hereby recognize and commend First Place Winners Lt. Heather Hansen & Ocean Lifeguard EMT Tom Swift and also recognize and commend the following for superior achievement Lt. Eric Feld Henry Kamiya Tom Hemenway Chris Wiley A my Sch warz Brent Tracy Aaron Hamerling Marh Henkle Jim McLaughlin for their outstanding representation of the City of Delray Beach and offer them congratulations on a job well done in the 1999 United States Lifesaving Association National Lifeguard Championships. IN ITtrlTIVESS WItEROF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 21~t day of September, 1999. .IA Y ALPERIN MA YOR EFFORT ALWAYS ~1ATTERS JUL I 2- i i. Li Rodney R. Proto Houston, TX 77002 President (713) 512-6200 (713) 512-6299 Fax July 7, 1999 -~_ The Honorable Jay Alperin Mayor of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mayor Alperin: Once again, I would like to congratulate you and your city for the outstanding job you have done and on being a recipient of this year's City Livability Award. As we mentioned at the Conference, we would be very honored to help give you and the many people from the city that worked to achieve this award some recognition and re-present this award to you in your home town. It can be done as a media event locally or you can utilize your council meeting for it. That would be up to you. Please let us know at your convenience when you would like to schedule a time. You may contact Jewel Sikes at 713-512-623g to do so. We are so proud to be a part of such a worthwhile program. I believe the work you and your fellow mayors do to improve your cities is really what enhances the quality of life for each and every one of us. Sincerely, /sjb ~ I~"~ ~ WASTE MANAGEMENT. INC. Rodney R. Proto Houston, TX 77002 President (713) 512-6200 (713) 512-6299 Fax July 7, 1999 / The Honorable Jay Alperin Mayor of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Dear Mayor Alperin: Once again, I would like to congratulate you and your city for the outstanding job you have done and on being a recipient of this year's City Livability Award. As we mentioned at the Conference, we would be very honored to help give you and the many people from the city that worked to achieve this award some recognition and re-present this award to you in your home town. It can be done as a media event locally or you can utilize your council meeting for it. That would be up to you. Please let us know at your convenience when you would like to schedule a time. You may contact Jewel Sikes at 713-512-6238 to do so. m. I believe the work you FroI'll The Desk o£ ~, what enhances the quality Barbara Gari to , CMC x- 7051 Date ~'~4~ THE FLORIDA SENATE Tallahassee, Florida 32399-1100 COMMITTEES: Commerce and Economic Opporl[Inltles, Vice Cheitman Education  Fiscal Policy Health, Aging and Long-Term Care Rules and Calendar I JOINT COMMII-FEE: Legislative Committee on Interc_/ovemmentel Releliona, SENATOR RONi KLEIN 28th Distric; August 9, 19299 Jay Alpfin, lqlayor City of Delr~Y Beach 100 NW Fir~,'.t Delray BeaclL FL 33444 Dear Mayor A!prin, This letter is ito co:nfirm the attendance of Senator Ron Klein at the September 21, 1999 CommissionI meeting. The purpose of Senator Klein's attendance is to Present the City of Delray Beach with ~[ ceremonial check in the amount of $100,000.00 from the Department of Environmen~ial Protection for the Pompey Park Ballfields. Should you have ~:,tny questions or require additional infonnation, please do not hesitate to contact the of-rice: : Sincerely, ,_,,gislative , .ide Se,,ator Roil R'~PLY 3.33:) $oulh Congress A~rar~ue, Sui~ 30/5 A, ~lel~ay I~each, FIo~da 3344~ (~1) 27~-4777 220 Senate Otfi~ ~ul}dln{/, 404 $ou~ Mor~roe St, mat, Tallahaaeee. ~ofida 323~-1100 {~50) 487-5091 Legislature's Webaile: http:/[www, leg.~a[e ~.u$ TON! JEJqNINGS WILLIAM G, °OOC" Prealden! President Pro Tempore MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~4/// SUBJECT: AGENDA ITEM # - REGULAR MEETING OF SEPTEMBER 21, 1999 COMPREHENSIVE CAPITAL INFRASTRUCTURE PROGRAM DATE: SEPTEMBER 17, 1999 A few weeks ago, Dick Hasko sent to you a copy of P.E.C.'s final report on the comprehensive capital infrastructure program. It might be helpful for you to bring this report to Tuesday mght's meeting for P.E.C.'s presentation on same. Ref.'AGMEMO 10.P.E.C.Final Report TO: DAVID T. HARDEN, CITY MANAGER w~~ ,.~,~ ~ THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNI FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNEI~ SUBJECT: MEETING OF SEPTEMBER 21, 1999 ***C~(~I~ISENT AGENDA *** AGREEMENT FOR SIDEWALK IMPROVEMENTS FOR WINDSOR COURT TOWNHOUSE DEVELOPMENT. The action requested of the City Commission is that of acceptance of an agreement between the City and Windsor Court Delray Homeowner's Association, Inc. to allow the deferral of the sidewalk improvements along Gleason Street and Bay Street associated with the Windsor Court townhouse development. The subject property is located at the southwest corner of Gleason Street and Bay Street, within the RM (Multiple Family Residential - Medium Density) zone district. At its meeting of November 4, 1998, SPRAB approved the site plan for Windsor Court, a 10-unit townhouse development. In conjunction with the site plan, the Board approved deferral of the requirement to install a sidewalk along Gleason Street and Bay Street, provided that the owner enters into an Agreement/Covenant acceptable to the City Attorney to install the sidewalk when required by the City. The subdivision plat was subsequently approved by the City Commission on December 1, 1998. Pursuant to Section 6.1.3(B)(1) of the Land Development Regulations, a 5' wide sidewalk is required along Gleason Street and Bay Street. The attached agreement will allow the deferral of the requirement to construct a sidewalk in conjunction with the new development until such time as the City requests construction of sidewalks. If the City requests the construction of the sidewalks, then the owners would be required to construct the sidewalk, at their expense, in accordance with current construction standards and applicable City Ordinances. This Agreement shall run with the land and be binding on the parties' heirs, assigns and successors. The Assistant City Attorney has reviewed and approved the agreement as to form and sufficiency. The homeowner's association documents contain a provision stating that the Association will install the sidewalk when requested by the City. By motion, approve the sidewalk agreement for Windsor Court. Attachments: Sidewalk Agreement Location Map AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGRREMENT entered into as of this '~"/'~ day of September, 1999, between the City of Delray Beach (the "City") and Windsor Court Delray Homeowners' Association, Inc., a Flodda corporation ("HOA"), for the purpose of waiving the requirement of installation of a sidewalk along Bay Street and Gleason Street adjacent to the subject property until such time as required by the City. WHEREAS, Land Development Regulation Section 6.1.3 (c) requires the installation of a sidewalk within the Bay Street and Gleason Street right-of-way immediately abutting the property described herein prior to the issuance of a certificate of occupancy; and WHEREAS, at the meeting of the Site Plan Review and Appearance Board of ,,u/~,'~?,..c'~ .~,/?~,' , the Board granted a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3 (D) (1) (b); and WHEREAS, there are currently no other sidewalks along Bay Street and Gleason Street; and WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as it is determined that sidewalks shall be required. WITNESSETH NOW, THEREFORE, in witness of the above, and in consideration of the City agreement to waive the requirement for installation of a sidewalk, at this time, for the property located at: Lots 1-10, WINDSOR COURT, according to the Plat thereof, as recorded in Plat Book 84, Page 50, of the Public Records of Palm Beach County, Florida, 1. The HOA agrees to construct a sidewalk, at its sole cost and expense, along the Bay Street and Gleason Street right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, if and when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is' the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Flodda after the Plat for the subject property is recorded, and shall be binding on the parties legal representatives, heirs, successors, and assigns. IN WITNESS WHEREOF, the parties to this Agreement set there hands and seals as of this day of September, 1999. WITNESSES: WINDSOR COURT DELRAY HOMEOWNERS' ASSOCIATION, INC. '"----- By:  ~L.~lickstein, President (print, lamgj ~v~-~:,,-, X~tD i' STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 1st, day of September, 1999, by Cary Glickstein, President of Windsor Court Delray Homeowners' Association, Inc., and he is personally known to me. SEAL: ~.,;--~.., ~.-. :,::m~ ~.p. r~os'20:: Si re ~f Notary P l(c ~.".~'/ ~. c~,5s'.~ Florida ' · .%/ -¢'-~-,' ,. ,~,.~,,.~ .',; .'~,.: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Jay Alperin Approved as to form and sufficiency: City Attorney PLAZA PARK TERRACE~- z SPANISH ~,z.,iDELRA~ Y BEACH/ CONDO ~ ~ RIVER , RESORT II I ~j~< MARR, O TT / ATLANTIC AVENUE COMMERCIAL BAR '~ARBOUR -- CONDO S,E. IST U)RAMAR STREET I~1~) BUD'S ~ ! , DOVER HOUSE CONDO i OCEAN PLACE CONDO L~ COCONUT ROW ~NCRAHAM S.E. 2ND ST, JARDIN DEL MAR CONDO OCEAN ~RR SEA GA TE ~ TOWERS ~NIAmSISIAIU ~ ~ I I t1~ I I WINDEMERE HOU k 5~v ! ~BETJ CONDO ~ S.E. r 3RD ST. ~ 0~ 1 ~ LANIKAI ~ VILLAS CONDO ~ LANCER WAY S.E. 4TH ST. SEA GA TE CASUARINA ~ Buc,o~ RD. ~ / ~/ S.E. 6TH ST. ~ELALEUCA RD. / ~ /~ / N ~ WINDSOR COURT C]TY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- DICIFAL ~.~SE M,4P _~Y"~JFEM -- UAP REF: tM301 THRU; DIANr~OMINGyEZ, DIRECTOR OF ~NNIN~ D/~NING FROM: PAUL DORLING, P~NCIPAL PLANNER SUBJECT: MEETING OF SEPTEMBER 21, 1999 ***CONSENT AGENDA*** EXTENSION OF DEP CONTRACT NO. C-7115, FOR FUNDING RELATED TO THE BEACH NOURISHMENT PROJECT The action requested of City Commission is that of approving Amendment #4 to DEP Contract No. C-7115, which will extend the agreement between the City and the Florida Department of Environmental Protection (DEP), through which funds are reimbursed for the Beach Nourishment Project, until September 30, 2000. The existing contract will expire September 30, 1999. At the date of expiration, all contracted work will not be completed, and all appropriated funds will not be expended. Sufficient funds remain from the initial appropriation to reimburse the state share of monitoring and design tasks into the year 2000. In order for all funds appropriated by the legislature to remain committed to the Delray Beach project,' the contract must be extended. The amendment includes both the extension of the contract from September 30, 1999 to September 30, 2000 and a change in the DEP project manager. The amendment has been reviewed and approved as to legal form by the City Attorney. By motion, approve Amendment #4 to DEP Contract No. C-7115. Attachments: · Original contract · Amendments 1,2,3,4 S:~adv~beach\contract99 13-SEP-Ca9 09:22 PROM: BEACHES + COASTAL SYSTEMS ID: 850 488 5257 PAGE 2 Department of Environmental Protection ~~:~:~2~r: Marjo~ Stoneman Douglas Buildin~ Jeb Bush 3900 Commonwealth Boulevard . David B. S~uhs Governor Tallahassee, Florida 32399-3~ ~re~ September 10, 1999 CERTIFIED MAlL Paul Darling Principal Planner City of Delray Beach 100 N.W. Is' Avenue Delray Beach, Florida 33444 RE: Delray Beach Nourishment Project Amendment / C-7115 Dear Mr. Darling: Enclosed are three original documents to amend DEP Contract No. C-7115. The amendment changes the agreement expiration date to September 30, 2000 and allows for the release of state funds retained for work which has been completed. The amendment also identifies Jacqueline Thompson as the new project manager. Please obtain the necessary signatures and return the documents to this office before September 30, 1999. An original copy will be forwarded to you upon full execution by this Department. Should you have any questions, please contact me at 850/487-1262, ext. 195, or 277-1262' - if you are on the SunCom network. Sincerely, Jacqueline Thompson, Project Manager Office of Beaches and Coastal Systems Enclosures "Protect, Conserve and Manage Florida's Environment and Natural Resources" P~nce6 on recycled po~er. 13-SEP-99 09:22 FROM: BEACHES + COASTAL SYSTEMS ID: 850 488 5257 PAGE DEP Contract No. C-7115 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRA~ Project Agreement Amendment #4 This AMENDMENT by and between the Florida Department of Environmental Protection (hereinafter referred to as the "DEPARTMENT") and the City of Delray Beach (hereinafter referred to as the "LOCAL SPONSOR"), serves to amend that Project Agreement between the DEPARTMENT and LOCAL SPONSOR dated June 18, 1991, amended November 1, 1991, August 25, 1993 and April 8, 1996, pertaining to the Delray Beach Nourishment Project, (hereinafter referred to as the "PROJECT"). The DEPARTMENT and LOCAL SPONSOR hereby agree to the following changes and additions: Paragraph 5 of the PROJECT Agreement is hereby revised to read as follows: 5. This Agreement shall begin on June 18, 1991 and end on September 30, 2000. The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligations or expenditures for the PROJECT made prior to the commencement date of this PROJECT except for sand search, beach monitoring, pre- construction environmental monitoring, engineering, and the sea turtle monitoring made on or after February 1, 1987. Paragraph 16 of the PROJECT Agreement is hereby revised to read as follows: 16. The DEPARTMENT's Project Manager is Jacqueline Thompson, or her successor. All other terms and conditions of that PROJECT Agreement dated June 18, 1991, amended November 1, 1991, August 25, 1993 and April 8, 1996, remain the same. DEP Contract C-7115 Page 1 of 2 !3-SEP-99 09:23 FROM: BEACHES + COASTAL SYSTEMS ID: 850 488 5257 PAGE 4 .~ >, .i,'~'i'~f~' IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. ~ DEPARTMENT OF '"' ...... CITY OF DELRAY BEACH ENVIRONMENTAL PROTECTION :i:i:i:i!!ii!ii;i!.: Mayor or Designee* Secretary or Designee Date: Date: ~;~rac~ ManMer APPROVED AS TO FORM AND LEGALITY: D p~A~ttorn y~ *If someone other than the Mayor signs the project~ agreement, a resolution, statement or other documentation authorizing that person to sign the agreement on behalf of the City must accompany the agreement. DEP Contract C-7115 Page 2 of 2 DNR Contract AGREEMENT THIS AGREEMENT is entered into this \~%~ day of ~ , 1991, between the FLORIDA DEPARTMENT OF NATURAL RESOURCES (hereinaft~ referred to as the "DEPARTMENT") and the City of Delray Beach (hereinafter referred to as the "LOCAL SPONSOR") for the PROJECT described herein. In consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT is entering into this Agreement in accordance with Chapter 161, Florida Statutes, with the LOCAL SPONSOR for the erosion control project known as the Delray Beach Nourishment project, hereinafter referred to the PROJECT. 2. The LOCAL SPONSOR agrees to conduct, or cause to be conducted, the eligible PROJECT items identified below subject to acquisition of all requisite environmental and construction permits. The PROJECT consists of the nourishment of approximately 2.7 miles of shoreline in the City of Delray Beach (Palm Beach County) approximately between DEPARTMENT range monuments R-180 and R-189, using approximately 1,020,000 cubic yards of beach quality sand. Approximately 10,000 cubic yards will be used for dune reconstruction. Three dune crossovers shall be constructed and the new reconstructed dunes vegetated. Appropriate pre and post construction monitoring will be conducted. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs for the PROJECT are as follows: Estimated Costs Eliqible Project Items Federal Nonfederal Total State Local Beach Fill 2,539,163 1,923,337 4,462,500 1,269,403 653,934 Mobilization/ Demobilization 569,000 431,000 1,000,000 284,460 146,540 Sand Search 0 150,000 150,000 150,000 0 Engineering 203,702 154,298 358,000 115,723 38,575 Offshore Environmental Monitoring (Pre-project, construction & post project) 130,870 99,130 230,000 74,347 24,783 Sea turtle monitoring 0 29,750 29,750 22,178 7,392 Beach Monitoring (surveys) 0 76,500 76,500 57,375 19,125 Revegetation 0 10,000 10,000 7,500 2,500 Construction of three protection walkways ~ 35,000 35,000 26,250 8,750 TOTAL 3,442,735 2,909,015 6,351,750 2,007,236 901,599 Note: The above costs for eligible project items are not line-item costs. Funds not needed for one eligible project item may be used for another eligible project item whenever the listed estimated cost in insufficient. The DEPARTMENT and the LOCAL SPONSOR further agree that any and all activities associated with the PROJECT that are not shown in the above eligible item listing are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The DEPARTMENT'S financial obligation shall not exceed the sum of $2,007,236 for this PROJECT. The LOCAL SPONSOR shall be responsible for all other costs. 3. In connection with this Agreement, it is acknowledged that at all times the LOCAL SPONSOR is not acting as an employee of the State of Florida and neither the LOCAL SPONSOR nor its employees are entitled to accrue any benefits of state employment, including revetment benefits, and any other rights or privileges connected with employment in the Florida Career Service. 4. As consideration for the work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. The LOCAL SPONSOR will submit a request for reimbursement of funds on such forms, as attached hereto as Exhibit "A", not more frequently than monthly. These forms shall be certified as accurate by the LOCAL SPONSOR's Project Administrator and the LOCAL SPONSOR Project Financial Officer and submitted to the DEPARTMENT as a payment request along with an interim report of the status of the PROJECT. The DEPARTMENT's Contract Manager has 30 days after receipt of an interim report and billing to determine that the work has been accomplished prior to approving the billing for payment. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten percent (10%) which will be retained on account. The cumulative amount retained shall be disbursed to the LOCAL SPONSOR when the PROJECT is certified complete by the LOCAL SPONSOR and DEPARTMENT staff. A final PROJECT certification inspection by the DEPARTMENT staff shall be made not more than 60 days after the PROJECT has been certified as complete by the LOCAL SPONSOR. 5. This LOCAL SPONSOR shall commence construction of the PROJECT on or after execution of this Agreement, and shall complete the project on or before September 1, 1993. The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligations or expenditures for the PROJECT made prior to the commencement date of this PROJECT except for sand search, beach monitoring, pre-construction environmental monitoring, engineering, and the sea turtle monitoring made on or after June 1, 1987. 6. The LOCAL SPONSOR and the DEPARTMENT agree that they will make every reasonable effort to insure the continued public ownership of those lands lying upland of the PROJECT site and further agree to make every reasonable effort to insure the maintenance of the public access and vehicular parking area lying upland of the PROJECT site during the life of the PROJECT defined as 8 years. 7. The LOCAL SPONSOR agrees to provide to the DEPARTMENT a full accounting of all PROJECT costs at PROJECT completion. Such accounting data shall include actual cost of project construction and all cost expended for mobilization, engineering and design, and supervision and administration. The LOCAL SPONSOR agrees to present the accounting data in such a fashion as to identify actual cost of eligible items as shown in Paragraph 2 of this Agreement. 8. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 9. No person, on the grounds of race, creed, color, national origin, age, sex, or handicap, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 10. The LOCAL sPONSOR hereby insures that it has in force and shall maintain in force throughout the PROJECT period insurance coverage, which most nearly reflects the operation of the LOCAL SPONSOR, which is necessary for the PROJECT, and which is appropriate and allowable pursuant to Florida Statutes. 11. The LOCAL SPONSOR shall save and hold harmless and indemnify the State of Florida against any and all liability, claims, judgements or cost of whatsoever kind and nature for injury to, or death of any person or persons and for loss or damage to any property resulting from the use, service, operation or performance of work under the terms of this agreement, resulting from the negligent acts of the LOCAL SPONSOR, his subcontractor, or any of the employees, agents, or representatives of the LOCAL SPONSOR or subcontractor, to the extent allowed by law. 12. The LOCAL SPONSOR shall seek to coordinate with the selected contractor to prevent any and all damage to sovereignty lands seaward of the line of mean high water, including animal, plant, or aquatic life thereon, resulting from the mobilization, construction or demobilization activities related to the PROJECT. Further, LOCAL SPONSOR shall take all available actions to obtain from the contractor the expeditious restoration of such lands, or the animal, plant, or aquatic life thereon, and/or the payment of damages for such damages. 13. This agreement may be canceled by either party, with or without reason, by giving 30 days written notice to the other party. Said notice shall be sufficient if delivered personally or by certified mail to the address contained herein. In case of cancellation, only amounts accrued to the date of cancellation shall be due and payable. 14. The LOCAL SPONSOR will permit the DEPARTMENT's staff to examine all PROJECT records and grant them rights to audit any PROJECT books, documents, and papers during the PROJECT and following completion of the PROJECT. The LOCAL SPONSOR shall maintain the records, books, document, and papers for at least three (3) years following completion of the PROJECT. 15. This Agreement may be canceled by the DEPARTMENT without prior notice for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material subject to the provisions of chapter 119, Florida Statutes, and made or received by the LOCAL SPONSOR in conjunction with this Agreement. 16. William K. Whitfield, Environmental Specialist, or his successor is hereby designated the DEPARTMENT's Contract Manager for the purpose of this Agreement and shall be responsible for enforcing performance of the Agreement terms and conditions and shall serve as a liaison with the LOCAL SPONSOR and approve all invoices prior to payment. 17. The LOCAL SPONSOR will appoint a Liaison Officer. to be responsible for the implementation of the provisions of this Agreement. 18. Any and all notices shall be delivered to the parties at the following address: DEPARTMENT LOCAL SPONSOR Department of Natural Resources City of Delray Beach Division of Beaches and Shores Planning Department Office of Beach Management 100 N.W. 1st Avenue 3900 Commonwealth Boulevard Delray Beach, Florida 33444 Tallahassee, Florida 32399 19. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provision of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 20. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services and documentation shall be maintained to justify any departure from this requirements. Chapter 287, Florida Statutes, is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. 21. The provisions of Chapter 16B-36, Florida Administrative Code, entitled Beach Erosion Control Assistance Program, Chapter 16A-11, Florida Administrative Code, entitled Grant and Contract Accountability Policy, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 22. For this PROJECT, contractual services, labor, direct material purchases, and stock material purchases, as specified in Exhibit "A", are eligible for reimbursement. 23. Any inequities that may subsequently appear in this Agreement shall be subject to negotiation upon written request of either party, and the parties agree to negotiate in good faith as to any such inequities. 24. This Agreement represents the entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing and signed by each of the parties hereto, and attached to the original of this Agreement. 25. This Agreement shall be executed in duplicate, each copy of which shall for all purposes be considered an original. IN WITNESS WHEREOF, the parties have caused these present to be duly executed, the day and year first above written. LOCAL SPONSOR DEPARTMENT . Mayor~m~ _L?ch~ '~orEXecutiv~-~irect°r' Shis~g~ee /' Signature Wit n e s s: /~~~/.~ Witness: /~_~/~ .? ~ff~./? Approved as to~orm and legality Approved as to form and lega~-s~fficienQ~ Assistant City Attorney D ! Q ~ o D~'Contract Manager~f/ ' - DNR Contract No. ~ ~Tf / ~ FLORIDA DEPARTMENT OF NATURAL RESOURCES DIVISION OF BEACHES AND SHORES EROSION CONTROL PROGRAM Project Agreement Amendment #1 This AMENDMENT, dated this \~% day of~'~%~ 19q\ by and between the Florida Department of Natural Resources, Division of Beaches and Shores, hereinafter referred to as the DEPARTMENT, and the city of Delray Beach, hereinafter referred to as LOCAL SPONSOR, serves to amend that project agreement between the DEPARTMENT and the LOCAL SPONSOR dated June 18, 1991, pertaining to the Delray Beach Nourishment project, hereinafter referred to as the PROJECT. The DEPARTMENT and the LOCAL SPONSOR hereby agree to the following changes and additions: Paragraph 5 of the PROJECT Agreement is hereby revised to read as follows: 5. The LOCAL SPONSOR shall commence construction of the PROJECT on or after execution of this Agreement, and shall complete the project on or before September 1, 1993. The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligations or expenditures for the PROJECT made prior to the commencement date of this PROJECT except for sand search, beach monitoring, pre- construction environmental monitoring, engineering, and the sea turtle monitoring made on or after February 1, 1987. All other terms and conditions of that PROJECT Agreement dated June 18, 1991, remain the same. IN WITNESS THEREOF, the parties hereto executed the PROJECT Agreement Amendment on the day and year first above written. LOCAL SPONSOR State of Florida CITY 0 DE~H _ Department of Natural Resources By:~' BF~~i~~ ~~OMAS ~ LYNCH Kirby B~ Green, III ,- Director MAYOR TO By: ~ lJ ~14Y~7~/~ ~i>g~'~.~ Attorney ~or the Department Alison M~cGre~rty, ~i~y Clerk ~~atura~l/R~sources Susan Ruby, Asst. C±ty Ar~rn~y D~:R Contract Ko. C-7!!5 FLORIDA DEPARTW~T OF ~:ATUP~L RESOURCES DiViSION OF BEACHES AJ:D SHOP. ES EROSION CONTROL PROGR3~M Project Agreement Amen~nent ~2 This A~ENDMENT, dated this ~-~ day of ~LLQ , 1993, by and between the Florida Department of Naturai Resources, bivision of Beaches and Shores, hereinafter referred to as ~che DEPA.RTF~NT, and the City of Delray Beach, hereinafter referred to as LOCAL SPONSOR, serves to amend that project agreement between the DEPARTMENT and the LOCAL SPONSOR dated June 18, 1991, amended November 1, 1991, pertaining to the Delray Beach Nourishment project, hereinafter referred to as the PROJECT. The DEPARTMENT and the LOCAL SPONSOR hereby agree to the following changes and additions: Paragraph 2 of the PROJECT Agreement is hereby revised to read as follows: 2. The LOCAL SPONSOR agrees to conduct, or cause to be conducted, the eligible PROJECT items identified below subject to acquisition of all re.~uisite envirommental and construction pe.~mits. The PROJECT consists of th: nourishment of approximately 2.7 miles of shoreline in the City of Delray Beach (Palm Beach County) approximately between DEPARTF~NT range monuments R- 180 to R-189, using approximately 1,020,000 cubic yards of beach quality sand. Appropriate pre and post construction monitoring will be conducted.. The DEPARTMENT and the LOCAL SPO~{SOR agree that the estimated costs for the PROJECT are as follows: Estimated Cesta ELigible Project ~% State Total Federal ~t'~-Fe-Jera! Co~t (~8.0%) Share loca~ Share Sand Placement 4,003,820 2,255,351 1,7~8,~69 1,538,652 1,153,989 594,480 Sand Search 150,000 --- 150,0~0 1~2,000 99,000 51,000 Prelim. Engineering 204,696 115,305 89,3~1 ?~,6~ 58,998 30,393 Final Engineering 120,296 67,763 52,5~3 ~6,229 34,672 17,861 Bid and Negotiation 10,000 5,63~ 4,3~7 ~,~4~ 2,882 1,485 Const. Supervisor 48,277 27,194 ZI,C~ 18,55~ 13,915 7,168 Const. Surveys 30,600 17,257 13,363 11,~9 8,819 4,544 Envir. Monitoring % 165,581 93,2~ 72,30~ 63,63~ 47,724 24,585 Envir. Monitoring II 151,700 85,453 66,247 58,297 43,723 22,524 Envir. Monitoring III 78,600 --- 78,600 69.168 51,876 26,72& Beach Surveys 166,500 --- 1&6,500 146,520 109,890 56,610 Sea Turtle Monitoring 104,658 --- 10G,~58 92,099 69,074 35,5~ Dune Revegetation 60,000 --- 60,000 5~,800 ~9,600 Economic Study 48,795 --- 48~7~5 4~,9~0 3~.~05 16,590 Subtotal 5,343,523 ~,~57,208 2,$76,315 2,355,156 1,7~6,367 909,948 Contingency _ 321,159 --- 321,159 --- 240,869 80,290 Total 5,664,682 2,667,20~ 2,~97,474 --- ~,007,236 990,238 Note: The above costs for eligible prcject items are not line-item costs. Funds not needed for one eligible projec~ item ma), be used for another eligible project item whenever the listed estimate~ cost is insufficient. The DEPARTMENT and the LOOAL SPO::SOR further agree that any and all activities associated with the PROJECT that are no% shown in the above eligible item listing are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The DEPARTF~:T's financial obligation shall not exceed the sum of $2,007,236 or 75% of the non-federal eligible project cost, whichever is less. The LOCAL SPOt, SaR shall be responsible for all other costs. Paragraph 5 of the PROJECT Agreement is hereby revised to read as follows: 5. The LOCAL SPONSOR shall co~ence construction of the PROJECT on or after execution of this Agreement, and shall complete the project on or before September 1, 1996. The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligations or expenditures for the PROJECT made prior to the commencement date of this PROJECT except for sand search, beach monitoring, pre-construction environmental monitoring, enginee~ng, and the sea turtle monitoring made on or after February 1, 1987. Paragraph 16 of the PROJECT Agreement is hereby revised to read as follows: 16. Philip Flood, Environmental Specialist, or his successor hereby designated the DEPARTMENT's Contract Manager for the purpose of this Agreement and shall be responsible for enforcing performance of the Agreement terms and conditions and shall serve as a liaison with the LOCAL SPONSOR and approve &ll invoices prior to payment. Ail other terms and conditions of that PROJECT Agreement dated June 18, 1991, amended Novem~Der 1, 1991, remain the same. IN WITNESS THEREOF, the parties hereto e×ecuted the PROJECT Agreement Amendment on the day and year first above written. CITY OF DELRAY BEACH State of Florida LOCAL S/~ _-~ , Dep~rtm~ent of Natural Resources Y~omas ~'/Lynch, Mayor ATTEST: APPROVED~%S ~O FORM AND LEGALITY t~.~ney for %h~ Department APPROVED~~AS TO. ~-~FORM AND LEGALITY: ~ Natura~?sou~ ~nt~.~ t ~d~iHistrator Contract Manager DEP Contract No. C-7115 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF ENVIRONMENTAL RESOURCE PERMITTING FLORIDA BEACH EROSION CONTROL ASSISTANCE PROGRAM Project Agreement Amendment #3 This AMENDMENT, dated this ~ day of , 1996, by and between the Florida Department of Environmental Protection, Division of Environmental Resource Permitting {formerly known as the Florida Department of Natural Resources, Division of Beaches and Shores), hereinafter referred to as the DEPARTMENT, and the City of Delray Beach, hereinafter referred to as LOCAL SPONSOR, serves to amend that project agreement between the DEPARTMENT and the LOCAL SPONSOR dated June 18, 1991, amended November 1, 1991, and August 25, 1993, pertaining to the Delray Beach Nourishment project, hereinafter referred to as the PROJECT. The DEPARTMENT and the LOCAL SPONSOR hereby agree to the following changes and additions: Paragraph 5 of the Project Agreement is hereby revised to read as follows: 5. The LOCAL SPONSOR shall commence construction of the PROJECT on June 18, 1991, and shall complete the project on or before September 30, 1999. The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by.the DEPARTMENT for any obligations or expenditures for the PROJECT made prior to the commencement date of this PROJECT except for sand search, beach monitoring, pre-construction environmental monitoring, engineering, and the sea turtle monitoring made on or after February 1, 1987. Paragraph 17 of the Project Agreement is hereby revised to read as follows: 17. The LOCAL SPONSOR will appoint a Liaison Officer to be responsible for the implementation of the provisions of this Agreement and for the submission to the DEPARTMENT of quarterly progress reports during the period the project is underway. The progress reports will detail what work has been accomplished and shall be submitted no later than March 15, June 15, September 15, and December 15, of each year in which the project is underway. Page 1 of 2 All other terms and conditions of that Project Agreement dated June 18, 1991, amended November 1, 1991, and August 25, 1993, remain the same. IN WITNESS THEREOF, the parties hereto executed the Project Agreement Amendment on the day and year first above written. CITY OF DELRAY BEACH DEPARTMENT OF ENVIRONMENTAL PROTECTION BY:M~Yo~O~/or~e~ignee, By: Secretary or designee Witness Contract Manager APPROVED AS TO FORM AND LEGALITY: DEP Attorne~ *If someone other than the Mayor signs the project agreement amendment, a resolution, statement or other documentation authorizing that person to sign the amendment on behalf of the city must accompany the amendment. Page 2 of 2 TO: DAVID T. HARDEN CITY MANAGERDoMiNGUEZ, THRU: DIANE DIRECTOR ~'v~,? DEPARTMENT OF PLANNING ANO-ZONING FROM: SCOTT PAPE, SENIOR PLANNER(~~ SUBJECT: MEETING OF SEPTEMBER 21, 1999 ACCEPTANCE OF RIGHT-OF-WAY DEEDS ASSOCIATED WITH ST. VINCENT FERRER CHURCH AND SCHOOL. The action requested of the City Commission is acceptance of right-of-way deeds associated with planned improvements to St. Vincent Ferrer church and school, located at the southeast corner of George Bush Boulevard and NE 8th Avenue (840 George Bush Boulevard). At its meeting of March 17, 1999, the Site Plan Review and Appearance Board (SPRAB) approved the site plan modification for the St. Vincent Ferrer gymnasium subject to the dedication of property for right-of-way purposes. The applicant is required to dedicate the following: 1. Seven-feet for the George Bush Boulevard ultimate right-of-way; 2. Five-feet for the NE 8~h Avenue and Palm Trail rights-of-way; and, 3. With respect to NE 6~h Street, the applicant is required to dedicate that portion of NE 6~ Avenue that encroaches (approximately two feet) onto the subject property for a linear distance of 125' west of Palm Trail. The City Attorney's office reviewed the proposed deeds for right-of-way dedication and found them to be legally sufficient. By motion: Accept the seven-foot right-of-way deed for George Bush Boulevard; the 5' right-of-way deed for NE 8th Avenue and Palm Trail; and, the right-of-way deed for that portion of NE 6th Street that encroaches onto the church property. Attachments: r~ Location Map, Reduced Site Plan, and Right-of-Way Deeds. i~/// / / ' _.__~BbND ~'^¥ ' J / ~ / II I~ ~t I I I I /COVE CONDO' ~EO BOULEV~~ N.E. g 7T~ 'ST. N.E. I {TH ST. ~ BEACH DRIVE ~ SEA S~RAY A~. ~ ~ ~ WAT RWAY ~ ST. VINCENT FERRER CHURCH c,== o~ ~ .=~c~. ~ - 840 GEORGE BUSH BOULEVARD - PLANNING & ZONING DEPARTMENT I ---- ~/~/F~ ~ ~ ~ ---- MAD REF: LM316 Planning & Zoning Department MEMORANDUM TO: BRIAN SHUTT, ASSISTANT CiTY ATTORNEY FROM: SCOTT D. PAPE, SENIOR PLANNER ~ DATE: AUGUST 17, 1999 RE: RIGHT-OF-WAY DEEDS FOR ST. VINCENT FERRER AT THE SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND N.E. 8TH AVENUE. At their meeting of March 17, 1999, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modificaton application for the construction of a gymnasium/community facility at St. Vincent Ferrer Church. A condition of approval was dedication of rights-of-way as follows: Ultimate Existing Reduced Required Road Right-of-Way Right-of-Way Per DSMG Dedication George Bush Boulevard 80' 66' N/A 7' NE 8th Avenue 60' 40' 50' 5' NE 6th Street 60' 50' 50' See below Palm Trail 60' 40' 50' 5' With respect to NE 6th Street, DSMG reduced the ultimate right-of-way width from 60' to 50'. However, DSMG required the applicant to dedicate only that portion of the NE 6th Avenue pavement that encroaches (approximately 2') onto the subject property for a linear distance of 125' west of Palm Trail. Find attached, a draft of the Right-of-Way Deeds for the dedications mentioned in the table above. Please review this document for legal sufficiency and return any comments you may have. If acceptable, these documents will be scheduled for the September 7th City Commission meeting. If you have any questions, please contact me at extension 7321. cc: File #99-064-SPM-CL3-SPR \\misrv001\pape\wwdata\memos\memos.99\stvincent.4,doc Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGI-IT-OF-WAY DEED THIS INDENTURE made this /v day of ~,cc~;6of , 1999, between Most Reverend Anthony J. O'Connell * , with a mailing address of P.o. Box '109650, Palm Beach Gardens, FL 33410 , as party of the f'n'st part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH · That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the fu:st part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A' attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. That the party of the first part agree to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. * as Bishop of the Diocese of Palm Beach, his successors in office, a coz~oration sole. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST PART iht rsen of: (Name printed or typed) (Name printed or [yped) ,~¢.~/¢~. ~¢,...c~ P.o. Box 709650 t Palm Beach Gardens, FL 33410-9650 ~,~1,¢'/lq /'. ~{o0~ (Address) (Name printed or typed) * as Bishop of the Diocese of Palm Beach, his successors in office, a STATE OF Florida corporation sole. COUNTY OF Palm Beach The foregoing instrument ~as acknowledged ,.before me this D day of /meo~rhas ,1999, by ~/1.~5/~.-~,O~ cg"~n/czij~ (who is personally known t produced ~' as identification. Signature of Notary Public - State of Florida [~ ' N.E. 8TH ~ S TREE T ~ - - SI<E TCH OF DESCRIP T/ON ~ / 1 s'9°°°°'°°"w' u~ I= 20.0' 5.00' POINT [SOUTH R/W LINE BEGINNING N.E. 8TH STREET NO TE$: =< THIS IS NO T A SURVEY :~ : .,~ ~ = CENTERLINE ~ THE SOUTH RIGHT OF WA Y LINE OF N.E. 8TH DESCRIPTION: compaNY'S t~ (~t... SUBDIVISION OFSECTION 9, TOWNSHIP 46 SOUTH, ~ ~'~' ~'" FLORIDA, DESCRIBED AS FOLLOWS: ~ BEGINNING A T THE INTERSECTION OF THE SOUTH O0 RIGHT OF WA Y LINE OF N.E. 8TH STREET AND THE ~1'~ [~ '~' EAST RIGHT OF WA Y LINE OF N.E. 8TH A VENUE; (bLu THENCE S.O°IO'30"E., ALONG THE EAST RIGHT OF ro~ WA Y LINE OF SAID N.E. 8TH A VENUE, A DISTANCE 45 12 14 E., A DISTANCE OF 377.04 FEET; THENCE S. o , " ~ OF 7.07 FEET TO A POINT ON A LINE 5.00 FEET ..]~'~' EAST OF AND PARALLEL TO THE EAST RIGHT OF WA Y LINE OF SAID N.E. STH AVENUE; THENCE N.O°10'30"W., A DISTANCE OF 382.02 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SAID N.E. 8TH STREET; THENCE S. 90'°O0'O0"W.,, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. I I-.~. CONTAINING 1,898 SQUARE FEET MORE OR LESS. EXHiBiT "A " ,~ SHEET 'i OF '~. t dOl-~ N. SUi:TE~ 20.0' SUE~V~YOR AND MAPPER DATE: MAY J, 1999 O'BRIEN, SUITER & O'BRI£N, lNG CERTIFICATE OF AUTHORIZATION t[tLBJSJ SURVEYOR ANO MAPPER IN RESPONSIBLE 7.07 CHARC, E:JOHNN. SUITER S. 4 5 °12'14 "E. 2501 NORTH FEDERAL HIGHWAY D£LRA Y BEACH FLORIDA ORDER //76- 72RW (~) 276-.!501 (561) 732-J279 Prepared by: RETURN: R. Brian Shun, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33~44 RIGHT-OF-WAY DEED THIS INDENTURE made this /v day of ~cc~ , 1999, between Most Reverend Anthony' d. O'Connell * , with a mailing address of P.O. Box 709650, Palm Beach Gardens, FL 334~0 , as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH' That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A' attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. That the party of the first part agree to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. as Bishop of the Diocese of Palm ~each, his successors in office, a corporation sole. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or perm(ts, the same shall include the successors or assigns of the parties? TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST,PART /I By: 4- __ (Name printed or typed) (Name printed or typed) ~. / Palm Beach Gardens, FL 33410-9650 P, qn, el4 /?, Bfog ~" (Address) (Name printed or typed) * a.s Bishop of' tho Diocese of Palm Beach, his :succossers in office, a STATE OF Flora. da cot,potation .sole. COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this 6 day of r'1999, by ~~ ~. ~? <(.~Tz.~ D~. /who is personally known · - -2 as identificatioh. educed Signature of Notary Public - State of Florida rowdcedl.frm J ' ~¥ p,, OFFICIAl Nolr.~,:l¥ S~"~'~ rev. 7/99 i O~r ~_?(~_ MARIE R S'LAK I I'~ ~i~.t~_'~ C'~ C~ N~BER 2 SKETCH OF DESCRIPTION , ~ e ~ R/W = RIGHT OF WA Y '~~ THE EAST RIGHT OF WA Y LINE OF N.E. 8TH >~.. ~ AVENUE IS ASSUMED TO BEAR N.O~37'52"E. NOR THERL Y ~ DESCRIP T/ON: EXTENSION WE~T LINE A PORT/ON OF LOT 4, REPLA T OF MARTHA'S VINEYARD, ACCORDING TO THE PLAT THEREOF LOT 4 ~ AS RECORDED IN PLA T 800K 23, PAGE 123, ~ ~ .... ~,~' ;~ PUBLIC RECORDS OF PALM BEACH COUNTY, f ~ I .O,IDA. AND A PORT/ON OF LOT 6. MODEL  ~ ACCORDING TO THE PLA T THEREOF AS RECORDED ~ ~ ~~ IN PLAT BOOK 8, PAGE 40, PUBLIC RECORDS ~ ~ PALM BEACH COUNTY, FLOR/DA, DESCRIBED AS  FOL L 0 ~ ~ )RTH ~ ~ ~ ~ LINE BEGINNING A T THE SOUTHWEST CORNER OF ~A/D X~ LOT 4 LOT 4; THENCE N.O~JZ'52"E., ALONG THE WEST L/NE OF SAID LOT 4, AND THE NORTHERLY  PROJECT/ON OF THE WEST L/NE OF SAID LOT 4,  A D/STANCE OF 129.60 FEET; THENCE S. 45~12'14"E., ~* ~ A D/STANCE OF 6.97 FEET TO A POINT ON A LINE ~ ~ ~ 5.00 FEET EAST OF AND PARALLEL TO THE WEST  ~ . LINE OF SAID LOT 4 AND THE NORTHERLY I ~( ~ PROJECT/ON OF THE WEST L/NE OF SAID LOT 4; ~ THENCE ~.0~7'52"W., ALONG ~A¢ PARALLEL L/NE, A D/STANCE OF 124.68 FEET TO A POINT ON ~~ ~ ~ ~ THE SOUTH L/NE OF SAID L 0 T 4; THENCE ~ ~.89~56'07"W., ALONG SAID SOUTH L/NE, A ~' D/STANCE OF 5.00 FEET TO THE POINT OF  ~ ~ ~ BEGINNING. ~gg ~ ~ CONTAINING 636 SQUARE FEET MORE OR LESS. EXHJBI T "A MAPPER LOT 4 ~lJ14~ ~ LOT DATE: MAY 3, 1999 _ CERTIFICATE O¢ AU~NO~ TIO~ ~LB~53 I 20.0' SURVEYOR ANO MAPPER IN RESPONSIBLEI - ~. 8~ °5~ '0 7 "W. CHARGE: JOHN N. SGTER I 2601 NORm FEDERAL HIGHWAY I DELRA Y ~EACH FLORIDA ZS~aZ I ORDER ~76-72RW , (561), 276-4501 (561) 732-3279 J Prepared by: RETURN: R. Briah Shun, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 334~,~. RIGHT-OF-WAY DEED THIS INDENTURE made this /., day of L2ccc~zca.~ , 1999, between Most Reverend .4nthony d. O'Connell * , with a {nailing address of P.o. Box 109650, Palm Beach Gardens, FL 33/410 , as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the fkst part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the tn:st part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. That the party of the first part agree to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. * as Bishop of the Diocese of Palm Beach, his successors in office, a corporation sole. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST PART in.a'~ ~resej~ce of: /~/~,'~/~~'~'~' Most Reveren~nthbn¥ a. O'Co=oll * (Name printed or typed) (Name printed or typed) Palm Beach Gardens, FL ' ~g~t~l~ ~. ~106 ~ (Address) (Name printed or typed) * ~ Bi~op of ~o Di~ of Palm ~ach~ his ~c~rs in offico~ a STATE OF Florida co--ration ~lo. COUNTY OF Palm ~oach The foregoin~ instrument was ~c~ow[edged before me ~is ~ day of ~~~~ , 1999, by ~~ ~ rg~~ who i~personally~ ~own t as produced ~ ~ as identification. ~c~t,o~ ~ [ Signature of Nota~ ~blic - ~%~V PO~/ MARIE R SILAK z ~)~ o c~ .~. State of Florida ! rowdccdi.frm OFF~O FEB. 17,2000 r~v. 7/~ 2 PALM TRAIL N. 1 °,31'01 "E. 7.00' SKETCH OF DESCRIPTION THIS IS NOT A SURVEY ~ = CENTERLINE ~.~ ,~ THE SOUTH RIGHT OF WA Y LINE OF N.E. 8TH ~'?,..,. L,j STREET IS ASSUMED TO BEAR S. 90°O0'O0"W. ~" cb ct DESCRIP T/ON: o~ rD A PART OF LOT 6, MODEL LAND COMPANY'S ~ SUBDIVISION OF SECTION 9, TOWNSHIP 48 SOUTH, F-.. ~n,.J~c~RANGE 4.3 EAST, ACCORDING TO THE PLA T L~ THEREOF AS RECORDED IN PLA T BOOK 8, PAGE 40, PUBLIC RECORDS OF PALM BEACH COUNTY,  FL ORIDA, DESCRIBED A S FOL L 0 WS: (1) ~,, ,, .4 ~Q' BEGINNING A T THE INTERSECTION OF THE cboe- ~ ~z SOUTH RIGHT OF WA Y LINE OF N.E. 8TH ~ ' LINE OF PALM TRAIL; THENCE S. 90°O0'O0"W., I~ ° ~.~ ALONG THE SOUTH RIGHT OF WAY LINE OF SA ID N.E. g TH S TREE T, A DIS TA NCE OF ¼r''O ~Lu 622.74 FEET TO A POINT ON THE EAST ~,, RIGHT OF WA Y LINE OF N.E. $ TH A VENUE; :~ ~o~_:~ THENCE S. 0°10'.30"E., ALONG SAID EAST RIGHT OF WA Y LINE, A DISTANCE OF 7.00 FEET; THENCE N. 90°OO'OO"E., A D/STANCE ~,...~' OF 622.53 FEET TO A POINT ON THE WEST RIGHT OF WA Y LINE OF SAID PALM TRAIL; ~ THENCE N.,°.3,'OI"E., ALONG SAID WEST , ~ RIGHT OF WA YL/NE. A D/STANCE OF 7.00 :~ FEET TO THE POINT OF BEGINNING. ~'_a. CONTAINING 4,,358 SQUARE FEET MORE OR LESS. c) SHEL- 7- ~..)F I , I F EAST R/W LINE J?t N._N.._SUITFR - I I ,33.0' ~N.E. 8TH A VENUE S..U_'.f~....EYOR AND MAPPER I S. 0 ° 10 '30 "E. ~ O'BRIEN. SUITER & O°BRIEN. lNG ~ CERTIFICATE OF AUTHORIZATION I~LB$53  SURVEYOR AND MAPPER IN RESPONSIBLE o.q CHARGE: JOHN N. SUITER 2601 NORTH FEDERAL HIGHH/A Y DELRA Y BEACH FLORIDA ~,348.7 N.E. 8 TH A VENUE , ORDER //76-72RW 276-45,0, (561) 732-,.T, 279 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. Ist Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this b day of d*cc]z~41.~ , 1999, between Most Reverend Anthony J. O'Connell ~ , with a tnailing address of P.o. Box '109650, Palm Beach Gardens, FL 334'10 , as party Of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WlTNESSETH: That said party of the flu:st part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. That the party of the first part agree to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. ~ as Bishop of the Diocese of Palm Beach, his successors in office, a corporation sole. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST PART ingle Drese~ce of: /~~ ~'~.~ By: .qL . &~r,4~,~/~2"~~ Most Rovoren0r/Arlthbny J. O'Co~ell ~ (Name printed or typed) (Name printed or typed) ~~ ~ P.O. Box ~09650 ~~ Palm Beach Gardens, FL 334~O-9650 ~d~tp~ ~. ~{o6 / (Address) (Name printed or typed) * ~ Bishop of ~e Diocem of Palm ~ach, bis scissors in office, a STATE OF Florida collation ~le. COUNTY OF Palm Beach The foregoing instrument w~ ~c~owle~ged before me this ~ day of ,~~_ , 1999, by (~:~.,~ ~. t. '~.'~/~:~ who i~personally ~own to me, or has produced ~ ~ as identification. ~ ~% ~C~AL.OTAR~AC Signature of Notary ~blic - ~~3~6 UAmE R S~LAK c~ .~8~. State of Florida ~ *~ ~ CC527995 rowdeedl rrm ~¢ ~ ~ C~N EXP,~S O~v0 FEB. 17,2000 rev 7/99 .... - 2 IS TREE T "" SKETCH OF DESCRIP T/ON I 5.00' i N. 90ooo,oo"E.7 ~ /__ 20.0' L/NE N.E. 8TH! | (:b ~ STREET I ! ~-- ~ DESCRIPTION: SUBDIVISION OF SECT/ON 9, TOWNSHIP 46 SOUTH, ~ :~LULu ~~ ~ RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF ' .~. RECORDS PALM BEACH COUNTY, FLORIDA, AND A 'o~' ~1 ~ ~::'~ ~1 Ir,,,'g~ ~ PORTION OF LOTS 6 AND 8, REPLAT OF MARTHA'S ,~,~. ., ,-- VINEYARD, ACCORDING TO THE PLA T THEREOF AS ~ ~. L,-~',~?_i~' ~ RECORDED IN PLAT BOOK 23, PAGE 123, PUBLIC ,~. ~(b ~, __,,,? RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED ~ ~ '~ ~ (.~ I! BEGINNING A T THE INTERSECTION OF THE SOUTH ~-~. ~-I /_~---~ ~-I RIGHT OF WA Y LINE OF N. E. BTH STREET AND THE ~u') WEST RIGHT OF WA Y LINE OF PALM TRAIL; THENCE ,~ ,.- S. 1"31'01"W., ALONG SAID WEST RIGHT OF WAY LINE, //~.~ A DISTANCE OF 465.72 FEET; THENCE S. 8°08'30"W., o o~ //~ OF J..51.52 FEE T TO A POINT ON THE NOR TH RIGHT  OF WA Y LINE OF N.E. 6TH STREET; THENCE EL S. 89 °56'0 7"W., A LONG SA ID NOR TH RIGHT OF WA Y LINE, A D/STANCE OF 5.05 FEET TO A POINT ON A -- LINE .5.00 FEET WEST OF AND PARALLEL TO ~J/ / THE WEST RIGHT OF WAY LINE OF SAID PALM .~ TRAIL; THENCE N.B<'OB'30"E., ALONG SAID PARALLEL .,~C) LINE, A DISTANCE OF 551.95 FEET; THENCE N. 1°J1'O1"E., ~~ ~q~ I ALONG SAID PARALLEL LINE, A D/STANCE OF 465.50 ~ FEET TO A POINT ON THE SOUTH RIGHT OF WAY ~ I LINE OF N.E. 8TH STREET; THENCE N. gO°OO'OO"E., I ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. OD ,~.x-~' ~ CONTAINING 4,086 SQUARE FEET MORE OR LESS.,,A NO T-ES: JOl~ N. $C:'TER THIS IS NOT A SURVEY SU't~YOR AND MAPPER ~ = OENTERLINE //1314" RI W I DA TE: MA r 3. 1999 ~N LINE N.E. 6TH i R/W = RIGHT OF WA Y O'BRIEN. SUITER & O'BRIEN. IRC STREET / C~RT~FiCA~ OF AuT~OmZAT~O~ THE NOR TH RIGHT OF WA Y N.E. 6 TH SU~V£YOR ANO MAPPER IN RESPONSIBLE Ii C N.E. 6 TH CHARGE: JOHN N. SU/TER _ S TREE T IS ASSUMED TO BEAR 2so~ NORTH FEDERAL HIGHWAY !'- S 7--R------~- s.~go56'o 7"w. OgLmAY 8EACH FLORIDA 33483 IORDER //76-- 72RW , (561) 276-~501 (561) 732-3279 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33~.4a. " RIGHT-OF-WAY DEED THIS INDENTURE made this ~ day of ~.J~.~- , 1999, between Most Reverend Anthony J. O'Connell * , with a 'mailing address of P.O. Box ~0965o, Palm Beach Gardens, FL 334'10 , as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 1130 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH · That said party of the fa-st part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the fin:st part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A' attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. That the party of the first part agree to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. as Bishop of the Diocese of Palm Beach, his 5-uccessors in office, a corporation sole. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST PART in th esenc of: ---_ :o ~ ~_t~Q~.~~ ~ ~/ot~n· ''''' '' (Name printed or typed) (Name printed or typed) P.O. ~ox 109650 Pa~(64 ~, /3ioo~ (Address) (Name printed or typed) ~ach, his ~c~ors in offi~ a STATE OF Florida co--ration COUNTY OF Palm Beach The foregoing instrument was ac~owledged before me ~is ~ day of ~~ , 1999, by ~~ ~ C9 '~ff~ ~ who is pers~ally ~own to m~or h~ produced ff U as identification. ~FIC~L NOT~ ~L Signature of Notary ~blic - O~bey P~/-- MARIE R SILAK State of Florida ~ ~)~,~ 0 C~ N~BER ~ CC527995 mwdccdl.fr' ~' ~ ~ ~~ EXPOS r~v. 7/~ "O~ ~O' FEB, 11,2000 , SCALE: 1" = 20' - _T ,dlL SKETCH OF OESCR/P T/ON S. 2. 02' 1 NO TES: THIS IS NOT A SURVEY ~ = CENTERLINE ~ ro~ R/W = RIGHT OF WA Y  k. THE NORTH RIGHT OF WA Y N.E. STH STREET ~ IS ASSUMED TO BEAR $.89°58'07"W. ..~ Go DESCRIP T/ON: ~. k. A PA R T OF L 0 T 8, REPL A T OF MA R THA 'S VINE YA RD, ~ ~ .j ACCORDING TO THE PLA T THEREOF AS RECORDED IN ~ cb ,Ltl PLA T 800K 23, PAGE 123, PUBLIC RECORDS OF PALM ~u~ u~ I.zJ 8EACH COUNTY, FLOR/DA, DESCRIBED AS FOLLOWS: ~ .Ld ~ BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8; ~¢Xl ~ N.E. 6TH STREET, A D/STANCE OF 125.00 FEET; THENCE · ~ N.O°OJ'5J"W., A DISTANCE OF 2.00 FEET TO A POINT Cbcb o~c~, ~) ON A LINE 2.00 FEET NORTH OF AND PARALLEL TO k. Cb THE NORTH RIGHT OF WA Y LINE OF SAID N.E. STH ,~Ca ~ ~ L~ STREET; THENCE N.$9°56'O7"E., ALONG SAID PARALLEL LINE, A D/STANCE OF 125.29 FEET TO A POINT ON aC4~ -.._,~, THE WEST RIGHT OF WAY L/NE OF PALM TRAIL; THENCE C~. ~.- S. 8°08'30"W., ALONG SAID WESTRIGHT OF WA Y LINE, A O~C~ ~ (~ D/STANCE OF 2.02 FEET TO THE POINT OF BEGINNING. ~ CONTAINING 250 SQUARE FEET MORE OR LESS. SHEET 1'OF 1 N. 0 °03 '53 "W. DATE: MAY 3, 1999 O'BRIEN, SUITER & O'BRIEN, 25.0' d CERTIFICATE OF AUTHORIZATION i~LB355 -- - SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: JOHN N. SUITER 2601 NORTH FEDERAL HIGHI'YA Y OELRA Y BEACH FLORIDA 35485 ORDER ,//76- 72R W (ssO 276-~50~ (58~) 732-5279 [ITY JIF DELAAY BEI:I[H CITY ATTORNEY'S OFFICE ~°° ~TM^~' ~^~'~^~"' ~o~,~^ ~.~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali.America City_ MEMORANDUM ''Il'~1...! DATE: September 17, 1999 1993 TO: City Commission 11 FROM: Jay T. Jambeck, Assistant City Attome SUBJECT: Interlocal agreement with CRA regarding West Atlantic Improvements. Attached is an interlocal agreement between the City and the CRA which, if approved, would allow the City to direct and supervise certain improvements to West Atlantic avenue (see exhibits attached to the agreement for more detail). The funding for the improvements would come from a bond issue completed by the CRA. CRA then will be reimbursed from grants by the U.S. Department of Transporation and Keep Palm Beach County Beautiful, Inc. The agreement also states that the City will enter into agreements with the Florida Department of Transportation in order to effectuate the improvements and so that the CRA may receive federal funding. Please place this item on the agenda for the September 21, 1999 City Commission meeting. Do not hesitate to contact me if you should have any questions. Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Randal Krejcarek, City Engineer Michele S. Treadwell, CRA Economic Development Manager INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR CONSTRUCTION OF IMPROVEMENTS TO WEST ATLANTIC AVENUE THIS AGREEMENT is made and entered into this ~ day of , 1999 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "CITY", and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA". WITNESSETH: WHEREAS, CRA has been awarded funding under two grants pursuant to the Intermodal Surface Transportation Efficiency Act (ISTEA), a program of the U.S. Department of Transportation, for improvements to be made to the 100 - 500 blocks of West Atlantic Avenue; and WHEREAS, CRA has issued $4.1 million in bonds to fund, among other things, the improvements at the present time, with reimbursement pursuant to the ISTEA program to occur in three to five years; and WHEREAS, the improvements contemplated under the ISTEA grants include installing brick sidewalks and crosswalks, landscaping, irrigation, underground electric utilities, and providing streetlights and pedestrian signalization; and WHEREAS, CRA has been additionally awarded two grants from Keep Palm Beach County Beautiful, Inc. for landscaping improvements to be made to certain blocks of West Atlantic Avenue; and WHEREAS, the CITY has been certified to supervise and coordinate the design and construction of improvements pursuant to the ISTEA program; and WHEREAS, the Florida Department of Transportation (FDOT) requires that the CITY enter into a Joint Participation Agreement and a Local Agency Program Agreement in order for funding to be transferred for an ISTEA project. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. Funding for ISTEA Pro.[ect. The CRA shall provide funding, in no event to exceed the amounts set forth in Exhibit "A" attached hereto and fully incorporated herein, for the design and construction of the ISTEA improvements to be made to the 100-500 Blocks of West Atlantic Avenue (See map attached as Exhibit "B" for location). CRA shall be reimbursed by the FDOT for its expenditures pursuant to the regular FDOT schedule. The CITY shall not be responsible for any funding under the ISTEA project. 3. Funding for Keep Palm Beach County Beautiful Project. The CRA shall provide funding, in no event to exceed the amounts set forth in Exhibit "A" atttached hereto and fully incorporated herein, for the design and installation of landscaping and irrigation pursuant to the grants from Keep Palm Beach County Beautiful for the 200-900 Blocks of West Atlantic Avenue (See map attached as Exhibit "B" for location). The CITY shall not be responsible for any funding under the Keep Palm Beach County Beautiful project. 4. CITY's obligations to enter into Agreements with FDOT. The CITY shall enter into a Joint Participation Agreement and a Local Agency Program Agreement with the FDOT with regard to the ISTEA improvements to be conducted on the 100 - 500 blocks of West Atlantic Avenue. 2 5. CITY's obligations under ISTEA prqiect. The CITY shall direct and supervise the design and construction of the ISTEA improvements to be made to the 100-500 Blocks of West Atlantic Avenue. This design and construction may be subject to the advice and consultation of CRA. However, if any disputes arise regarding design or construction, the CITY shall make the final determination with regard to the design and construction appropriate in any given case. 6. CITY's obligations under the Keep Palm Beach County Beautiful Project. The CITY shall direct and supervise the design and installation of the Keep Palm Beach County Beautiful improvements to be made to the 200-900 Blocks of West Atlantic Avenue. This design and construction may be subject to the advice and consultation of CRA. However, if any disputes arise regarding design or installation, the CITY shall make the final determination with regard to the design and installation appropriate in any given case. The CITY shall be responsible for maintaining the plantings. However, the CITY shall have the sole right to determine the specifics of such maintenance. 7. Severability. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof of this contract shall have no effect upon the validity of any other part or portion hereof. 8. Venue. To the extent allowed by law, the venue for any action arising from this contract shall be in Palm Beach County, Florida. 9. Governing laws. This contract shall be governed by and in accordance with the laws of the State of Florida. 10. Assignment. Neither the CITY, nor the CRA, shall assign, convey or transfer any rights or interest in this Agreement without the written consent of the other. 3 11. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 12. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 13. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 14. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: City Attorney ATTEST: COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Print Name: (SEAL) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~ day of July, 1996 by , who is personally known to me or who has produced as identification. Signature of Notary Public - State of Florida cra istea interlocal.agt 5 EXHIBIT EXttIBIT 'B~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~--- REGULAR MEETING OF SEPTEMBER 21, 1999 GRANT APPLICATION FOR POMPEY PARK PLAYGROUND EQUIPMENT DATE: SEPTEMBER 16, 1999 This is before the City Commission for formal authorization to submit an apphcation to the Florida Recreation Development Assistance Program (FRDAP) for grant funding in the amount of $45,900 to assist with the replacement of playground equipment at Pompey Park. The existing equipment is proposed to be replaced with the "Orbitor One" play system. This comprehensive playground system is 52 feet by 42 feet and will be constructed in an area of 68 feet by 58 feet. The equipment has a child capacity of 80 to 85 and is recommended for children from 5 to 12 years of age. The total cost of the project is estimated at $61,200 which includes $49,851 for the actual equipment, $9,200 for installation costs including fiber filler base material and edging, and $2,149 for appropriate landscaping to the area around the play area including an access pathway. This project is included in the Capital Improvement Program, with local funds in the amount of $15,300 to be funded from 334-4172-572-63.04 (General Capital Improvement Fund - Pompey Park Playground). Recommend approval of the grant application to FRDAP for funding to assist with the replacement of playground equipment at Pompey Park. RefiAgmemol 1.FRDAP Grant. Pompey Park Playground Agenda Item No.: ~.~ ~ AGEh' A Date: August l0t 1999 Request to be plac~ on: ~ Regular Agenda (Couseu~) Special Agenda Workshop Agenda ~en: ~t~r ~]. 1~99 Description of i2em (who, wha2, where, how much): Request Cit[ Co~ission mpprnvm] to mubmit ~ zrant app]~mat~on to the Florida Regrmm~4mn B~v~]nnm~nt eeuipment St ~mpey Park with the "Orbit0r 0ns" play ~vmtmm. Th4m nrmj~ot 4m nmtmH 4n o,,r CmnJtml Imprmv~m~n~ P]mn wJth 1~1 f.nd= identified ~n thm General Cmo~tal Imorove~ent Fund. The total project cost is estimated at $61~200. (Example: . Re.est from Atlantic High School for $2. 000 to fund project graduation). O~I~E/ ~SOhffiON ~Q~I~D: YES Drafg Atgache~: YES/NO Recommendation: Approval to ~ubmit (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~artment Head Signature: · y Attorn..ey Review/ Recommend~~.~...~on(if applicable): Budget Director Review (require~ on all items involving expenditure of funds): Funding available: ~ES~ NO _ . -- Funding alternative~.~--/.~.'Z/~ Account Balance: City Manager Review: Approved for agenda: ~/NOf/~Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Ha~rden,/)City Manager !\/~' FROM: Joe Weldon~ ~)irector of Parks and Recreation DATE: September 10, 1999 SUBJECT: REQUEST CITY COMMISSION APPROVAL TO SUBMIT GRANT APPLICATION TO THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) Doug Randolph has developed the attached proposal that would allow the City to obtain $45,900 from FRDAP to assist with replacing the old play,round equipment with the "Orbitor One" play system. This project is noted in our Capital Improvement Plan. The opportunity to obtain partial funding from the State under the FRDAP Program should be pursued. With the above in mind, i am asking that this item be placed on the agenda for consideration by the City Commission at their meeting on September 21, 1999. Thank You. DG R/]W/pompey attachments FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (DEP USE ONLY ) PART I -- GENERAL INFORMATION RECEIVED: POSTMARKED: APPL. NO.: 1. APPLICANT INFORMATION A. Name of Applicant: City of Deiray Beach B. Federal Employment Identification Number: 59-6000-308 C. Population: 53, 471 (1998 B.E.B.R.) D. Current Operating Budget: $ 49, 850, 930 (This is the operating budget for the city, county or special district, not just the department budget) E. Contact Person: Joe Weldon Title: Director of Parks and Recreation (The contact person is someone who will be in direct contact with the DEP) Address: Street/PO Box: 50 N.W. 1st. Avenue ,. City/State: Delray Beach, Florida Zip Code: 33444 Telephone: (561) 243-7251 Suncom: 928-7252 FAX: (561) 243-3774 If project is not funded, please check here if grantee wishes to receive application back. X I hereby certify that the information provided in this application is true and accurate. I further certify that I possess the authority to apply for this grant on behalf of the applicant. Signature of Authorized Representative Date 2. PROJECT INFORMATION A. Name of Project: Pompey Park Playground - New Construction and Landscaping B. Project Type (Check One): Project must either be acquisition or development. (It can not be both) Development: X On land owned by applicant On land currently under site control by applicant Date site control expires: Acquisition: Development projects must be under site control by the close of the submission period (October 16, 1998). Include a boundary map of the project site. Include a copy of the site control documents (e.g., deed, lease, agreement, etc.). C. Project Location: Street Address: 1101 Northwest Second Street City: Delray Beach County: Palm Beach Page 3 of 19 D. LEGISLATIVE DISTRICTS IN WHICH THE PROJECT SITE IS LOCATED: These should be the districts in which the proposed project site is located. [f you are not sure of the district, contact your local ofjTce of the Supervisor of Elections. (Name) (District Number) State Senator: Ron Klein Senate District Number: 28 State Representative: William Andrews House District Number: 87 E. Briefly describe the physical characteristics of the project. Include land resources, vegetation, fish and wildlife, historical, archaeological resources, and transportation access as well as other pertinent information. Our project will consist of new construction as well as appropriate landscaping. The scope of work will involve improvements that will be accomplished in one year. We seek funding support from FRDAP for improvements that will be made to the playground area of this community park. We will be replacing older, worn out playground equipment with modern, user friendly equipment as well as adding appropriate landscaping. This playground is located within a 17.5 acre City Park that is situated within a minority neighborhood. In addition to the playground area, the park offers a variety of other recreational and social activities. In 1999 we received FRDAP funding to demolish, re-construct and add lights to one of the three ballfields, as well as replace the lights for one of the other fields. In 1995 the City spent over $1,000,000 for a new, fully accessible, 45' by 75' outdoor pool, bathhouse and restroom facility. Other outdoor facilities include basketball courts as well as lighted tennis and requetball courts. The Recreation Center has an auditorium with stage, kitchen, game room, library and gym. The Centec also serves as one of the City's After-School Program sites. A. FRDAP Funds Requested Line A $ 45, 900 B. Local Funds Available: I. Cash: Line B $15, 300 2. In-Kind: LineC $ N/A 3. Land Value Line D $ N/A If property is developed, land value can NOT be used as a match. Total Local Funds Available: Line E $15, 300 Sum of lines B, C and D C. Total Cost of Proposed Project: Line F $ 61,200 Sum of Lines A and E The Total Project Cost (Line F) must equal the grant request (Line A) plus the total local funds available (Line E). This ~gure (Line F) should not total more than $200, O00 for the purpose of this application. Page 4 of 19 FPS-AO33 D. Project Cost Estimate (COMPLETE ONLY FOR DEVELOPMENT PROJECTS): If land value is used as match, it should be included under primary cost. Primary costs include all recreation facilities and opportunities. Primary cost must be equal to or greater than fifty percent of the total cost. Attach a separate sheet if needed. Remember to include each element in your conceptual site plan. PRIMARY RECREATION AREAS AND FACILITIES: Including, but not limited to, beach access, picnic facilities, fishing piers, ballfields, tennis courts, bicycle trails, etc. Costs of planning and site preparation should be included within the cost of each element. Quantity Description Estimated Cost 1 Replace existing old playground equipment with the "Orbitor $ 49, 851 One" play system. This comprehensive playground system is 52 feet by 42 feet and will be constructed in an area of 68 feet by 58 feet. This equipment has a child capacity of 80 to 85 N and is recommended for children from 5 to 12 years of age. E W Installation costs including fiber filler base material and $ 9, 200 edging R E N O V A T I O N S Total Primary $ 59, 051 SUPPORT FACILITIES AND IMPROVEMENTS: Parking, restrooms, landscaping, security lighting, and such other costs should be included under support costs. Costs of planning and site preparation should be included within the cost of each element. Amenities such as benches, trash cans, utilities, water fountains, or bike racks will receive no points when being scored. Quantity Description Estimated Cost I Appropriate landscaping to area around play area to include $ 2, 149 accessible pathway Total Support $ 2, 149 TOTAL COST OF PROPOSED PROJECT: $ 61,200 Page 5 of 19 FPS-AO33 PART H -- EVAL UA TION CRITERIA L GENERAL EVALUATION CRITERIA 1. CAPITAL IMPROVEMENT PLAN A. Is the proposed project identified, in whole or in part, in the applicant's capital improvement plan or schedule during the current or next three (3) fiscal years? (20 points) X Yes No --- OR --- B. Is the proposed project identified as part of the plan through an adopted resolution committing the applicant to amend their capital improvement plan or schedule and complete the project should it receive program funds? (10 points) .. Yes No N/A If "Yes, "provide a copy of the five-year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan -- OR -- a copy of a resolution amending the existing schedule to include the proposed project. The capital improvements schedule must clearly indicate the proposed project. Please highlight project name, amount andyear. (Please tab as Exhibit "A"): 2. STATE COMPREHENSIVE OUTDOOR RECREATION PLAN A. Explain how the proposed project would address one or more of the issues or goals, as identified in the State Comprehensive Outdoor Recreation Plan. Use Chapter 9 in OUTDOOR RECREATION IN FLORIDA - 1994 (SCORP). Provide quotations or other appropriate references with explanations to justify the correlation. Use a separate sheet if necessary. (Please tab as Exhibit "B"): (4 points) As the population of Delray Beach grows, so does the utilization of our existing park facilities. Our land resources are limited and we need to develop and alter our existing parks to meet the growing demands. By replacing the old playground equipment with the user friendly and modern "Orbitor One" play system we will enhance this multi-purpose park to allow greater utilization of the facility. In addition to the neighborhood children, the children in our After-School Program at this site will welcome this new equipment, as will the children attending our Summer Camp Program. (SCORP, 6.11 (Equipped Play Area) and 9.20, items 3 and 8 under "Outdoor Recreation Need Priorities) Page 6 of 19 FPS-A033 ENDANGERED 360' SPECIES .E MOLDED POLY PANEL 10 FOOt ZIPPER ROOF SPIRAL ':~ ~i4~EJ. .CLI,MBER SLIDE W/ E~CL. SEA[ P~STIC SLIDE (BELOW) STORE T2A~ISFER DOUBLE PANEL CROW'S PLATFORM FfJ~;NEL (BELOW) ~IEST W/ 2UNG BAR STEER[~G ENCL. OVERHEAD WHEEL LOOP W/ CONTOURED ~BR[DGE LAODER A(CESS PKG. MOLDED SE~ CRA~ EIGHT ROOF ~A~IEL CLINBER ~-LEVF CH[~ ' 90 ~O~[Z. FPA~IS[TION t~ _.~/ THREE. LOOP SFFP LI~IK ~ P~EC. , /,~x r u 8 E '.v / 49' ~RAWL~ ~U~IG SPY HOLES , RUtIG FUSE .V/S~ ~ ~DOER / ARCHWAY/ H~LES U,,DER ,j / ~ KICK PLAFE RU,,G. : PKG. DICK jj E~STER~4 BtGFO~ WISH~O~iE STEP STAFES SLIDE DOUBLE UPPF. R BODY PA~EL ~. SLIDE BELOW) 152 cm · ,. -.. -' ... '..[.. ,. '.. '-...'.::..'. ... : '...' ..' . ;.. MEMORANDUM TO: David T. Harden, City Manager FROM: Doug Randolph, Training and Development Mana~-~~ THRU: Edward ]. Gusty, Director of Human Resources DATE: September 13, 1998 SUB]ECT: REQUEST CITY COMMISSION APPROVAL TO RENEW THE TRAINING AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH Our training agreement needs to be renewed. There are no changes in the wording from previous agreements; however, this agreement is written for three years rather then for one. This agreement will be for the period July 1,1999 through June 30, 2002. Susan Ruby has reviewed the agreement and finds it sufficient as to legal sufficiency and form. As you are aware, this agreement allows the City to continue to provide high quality educational training to our employees at a reasonable cost. There are modest cost increases over last year and I expect similar increases in the following years. The computer software classes will increase from $58.30 to $68.80 for 14 hours of training. The wellness classes will increase from $6.00 to $8.00 and the employee development classes will remain the same at $20.00 each. Bloodbom Pathogen classes increase from $12.00 to $14.00 and CPR or First Aid classes will increase from $9.00 to $12.00. Upon your approval, please place this item for Commission approval on the September 21,1999 Commission meeting agenda. Attachments: Doc/school Agenda Item No.: AGENDA REQUEST Date: September 13, 1999 Request to be placed on: ~ Regular Agenda (Consent) Special Agenda Workshop Agenda When: September 21~ 1999 Description of item (who, what, where, how much): Request City Commission ~pprn~,~] to renew the Training A~reement between the School Board of Palm Beach c~,,n~v ~nH th~ C{ty of Dm]ray Broach for Vocational Education Pro_~ramm {or the period T,,I¥ 1; (Example: ..Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Re c o mmend a t i on: A nnr n~t~ 1 (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). City Attorney Review/ Recommendation (if applicable): The City Attorne~ has reviewed-°the aKreement and finds it sufficient as to legal sufficiency and form Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/ NO ~Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved M EM 0 RAN D U M Susan Ruby, Ci~ A~orney Mana~r '-, ~ ~ Doug Randolph, l raining and Development IHRU: Edward ]. Gus~, Director of Human Resources DATE: Au~st 27, 1999 SUBJECT: SCHOOL BOARD AGREEMENT- VOCATIONAL EDUCATION PROGRAMS I have provided you with a copy of the agreement between the School Board of Palm Beach County and the City of Delray Beach. As you are aware, this agreement allows us to continue to provide educational training to our employees at a reasonable cost. There are no changes in the wording from previous agreements; however, this agreement is written for three years rather then for one. After your approval, ! will submit an agenda request for City Commission Approval. attachments doc/vep AGREEMENT . BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND CITY OF DELRAY BEACH FOR VOCATIONAL EDUCATION PROGRAMS This agreement is entered into between the City of Delra¥ Beach hereinafter referred to as the "AGENCY", and The School Board of Palm Beach County hereinafter referred to as the "PROVIDER" which are the parties hereto. For and in consideration of the mutual covenants contained herein, the sufficiency of which the parties acknowledge, the parties to this agreement agree as follows: I. $c_,ppe o.f Services. The PROVIDER will provide vocational education programs for students of the AGENCY. II. The PROVIDER Agrees to: A. Provide a liaison for all vocational education activities between the PROVIDER and the AGENCY. B. Provide qualified and certified vocational instructors for each course. Addendum L ~, is hereby incorporated as part of the agreement. 1. Whenever possible provide a qualified substitute instructor in the case of absence of the regularly assigned vocational instructor. 2. Require instructors to assume instructional responsibility for students in their classes. C. Share the achievement records of the assigned students in the courses with the AGENCY. D. Provide and prepare an instructional schedule for teachers and students which will conform to the needs of both the PROVIDER and the AGENCY. E. Not discriminate against any students or employees because of race, color, religion, sex, national origin, marital status,age, ancestry, sexual orientation, or disability. F. Submit any vocational education reports as required by the Florida Department of Education. The AGENCY Agrees to: A. Provide a liaison to coordinate and supervise vocational education activities between the PROVIDER and the AGENCY. B. Provide the minimum number of eligible students, with input from the PROVIDER, to achieve and maintain the required membership for each course. C. Review the continued eligibility of selected students for participation in the vocational education programs with input from the PROVIDER. D. Provide agency orientation for the PROVlDER'S vocational instructional staff. E. Provide proper and adequate facilities and standard utilities including water, lights, phones, heating, and air conditioning for all classes. F. Provide needed AN equipment, copier services, student materials, consumables, laboratory materials, and textbooks as requested by the PROVIDER. G. Provide janitorial and maintenance services for all AGENCY based classroom and shop/lab facilities. H. Provide staff and support services for timely, appropriate and adequate screening, counseling, and follow-up services to students. I. When applicable, provide and maintain clerical support for the full-time vocational education program staff. -2- J. Provide any vocational education reports needed by the PROVIDER and as required by law. K. All asbestos and lead work must be completed in accordance with the findings and recommendations of the School District's Environmental Audit and with all applicable federal, state and local regulations. In addition, the School District must be notified prior to the start of any such work and reserves the right to retest the areas in question to confirm proper environmental cleaning procedures were used. IV, Both Parties Agree That: A. Responsibility for day-to-day coordination and supervision of the vocational education program shall be vested in the AGENCY'S liaison of education. B. The AGENCY'S liaison of education may participate with the PROVIDER in recommending instructional personnel. C. Through their designated representatives, both parties shall collaborate in the development of policies and operational procedures for the efficient management and operation of the vocational education programs, in accordance with the PROVIDER contracts for PROVIDER personnel. D. The performance of obligations hereunder shall be in accordance with all applicable laws, rules, and regulations now or hereinafter in effect. E. This agreement will be governed and construed in accordance with the laws of the State of Florida. F. No amendment to this agreement shall be valid or enforceable unless submitted in writing and executed by duly authorized representatives of both parties executing and entering into this agreement. G. If either party terminates for convenience herein, they shall not be liable for breach of contract, loss profits, or other such damages consequential or inconsequential. H. Both PROVIDER and AGENCY are subdivisions of the State. Notwithstanding anything to the contrary contained herein, the total liability of PROVIDER and AGENCY under this agreement for negligent acts or omissions of PROVIDER or AGENCY, their agents and employees shall be subject to the limitations and procedures set forth in Section 768.28, Florida Statutes. -3- is designated AGENCY liaison of education and is responsible for enforcing performance of this agreement's terms and conditions and shall serve as a liaison with the specialist of the PROVIDER, and shall approve all invoices prior to paymer, L The AGENCY liaison of education will also be required to meet with the PROVIDER at least once during the agreement period to review the services rendered. This agreement shall be effective July 1, 1999, and shall remain in effect through June 30, 2002. Should one party fail to conform to all material conditions provided herein, the other party may, at its option, cancel this agreement upon 30 days written notice. Dated this __ day of ,19 THE SCHOOL BOARD OF CITY OF DELRAY BEACH PALM BEACH COUNTY, Florida Agency By. By. Agency Administrator Sandra S. Richmond, Chairman (SEAL) Attest Attest Joan P. Kowal, Superintendent Revi~ Approved By: Addendum B SCHOOL DISTRICT SUPPLIED INSTRUCTION PART-TIME PROGRAMS AGENCIES requiring a School District instructor to provide classroom training will agree to: 1. Provide matriculation fees to the PROVIDER as set by the Florida Legislature. [ITY OF DELRI:IY BER[H CITY ATTORNEY'S OFFICE ~°° ~'~TM~,v,,,~,. ~,~,~^¥,,~^~,,. ~,~o,,,,~^ ~, TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH  Writer's Direct Line: 561/243-7091 Ali.America City DATE: September 16, 1999 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Weed and Seed Transfer Agreement The City Commission previously approved two agreements for the Weed and Seed Program. There are some additional clarifications to the transfer agreement that are underscored in the attachment. These changes clarify employee benefits and provides a cancellation provision. There are no changes to the previously approved fiscal agency agreement. By copy to David Harden, City Manager, our office requests that the revised transfer agreement be placed on the consent agenda for September 21, 1999 for City Commission approval. Attachment cc: David Harden, City Manager Chief Richard Overman, Delray Beach Police Department Ned Gusty, Human Resources Director Regina Scott Captain William McCollom, Delray Beach Police Department Cathy Kozol, Police Legal Advisor INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, PALM BEACH COUNTY SHERIFF'S OFFICE AND THE CITY OF DELRAY BEACH, FLORIDA THIS INTERLOCAL AGREEMENT is entered into this 28th day of September, 1999 by and between the Board of County Commissioners, Palm Beach County, Florida (herein referred to as the "COUNTY"), the Palm Beach County Sheriff's Office (herein referred to as "PBSO") and the City of Delray Beach (herein referred to as the "CITY"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, Section 163.01 of the Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969", authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and, WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and, WHEREAS, the Board of County Commissioners through its Criminal Justice Commission (CJC) created the Palm Beach County Weed and Seed Program on September 12, 1993 as a countywide initiative to address the deterioration of neighborhoods caused by violent crime and drug trafficking; and, WHEREAS, the CJC sought and received site designation and federal funding for two Weed and Seed Program sites in the Cities of Riviera Beach and West Palm Beach, and has a vested interest in the Program; and, WHEREAS, the Weed and Seed Steering Committee has chosen an area within the City of Delray Beach for the creation of a third site; and, WHEREAS, the CJC recommended the administration of the Program be transferred from the CJC to the Palm Beach County Sheriffs Office (PBSO) and the County approved such transfer on September 16, 1997. WHEREAS, the Program is adopting a new approach in order to coordinate sites across the County. This new approach will provide for a Countywide Administrative Component that will hopefully later be established as part of a non-profit corporation for the purpose of identifying, planning and implementing new sites and sustaining existing sites; and, WItERAS, each city that currently has, or wishes to create in the future, a Weed and Seed site, will be responsible for receiving approval from the Weed and Seed Steering Committee and for administering their grants, including hiring and/or designing the appropriate staff and resources for the Program; and, WHEREAS, to effectuate this new approach, the PBSO, the CJC, and the Weed and Seed Steering Committee recommend that the management, operations and staff of the Countywide Administrative Component of the Program be transferred from the PBSO to the CITY; and, WHEREAS, the CITY and the Executive Office for Weed and Seed have agreed to this transfer; and, WHEREAS, the PBSO now believes that it is in the best interests of Palm Beach County, Florida, and the Program that PBSO transfer the responsibility for the Countywide Administrative Component of the Program to the CITY; and, WHEREAS, following such transfer, the CITY shall serve as the fiscal agent for the Countywide Administrative Component of the Program. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: SECTION 1. PURPOSE This Agreement transfers the responsibility for the management, operations and staff of the Countywide Administrative Component of the Weed and Seed Program from the PBSO to the CITY so that the CITY shall serve as the fiscal agent for the Program. SECTION 2. TRANSFER OF REPONSIBILITY A. Effectivel2:01 a.m. September 25, 1999 Palm Beach County and the Palm Beach County Sheriffs Office will transfer all responsibility for the management, operations and staff of the Countywide Administrative Component of the Weed and Seed Program to the CITY, which by entering into this agreement accepts said transfer; B. As a result of this transfer, the CITY agrees to create, in accordance with its policies, six staff positions. The following five positions will be paid through existing Local Law Enforcement Block (U.S. Department of Justice) grant funds that expire September 30, 2000: Executive Director, Assistant Manager, Fiscal Analyst, Community Rehabilitation Coordinator, and Administrative Secretary. The sixth position, a Recreation Program Coordinator, is contingent upon future grant funding. These six positions will be given the following accommodations by the CITY: 1. The CITY shall accept the job titles, hire dates, and salaries as they currently exist with the Palm Beach County Sheriffs office; and, 2. The City shall provide benefits as allocated to any other full-time CITY employee; provided, however, that for pension purposes, previous employment with the County shall not be counted toward vesting requirements under the CITY'S General Employee Pension Plan; and, 3. The CITY shall accept the employees with their probationary periods already served during their previous employment with the Weed and Seed Program; and, 4. The CITY shall allow the employees to transfer accrued sick and vacation balances. C. The CITY shall serve as the fiscal agent for the Countywide Administrative Component of the Weed and Seed Program; and, D. The Program staff shall be under the jurisdiction of the Police Department and the Program's Executive Director shall report directly to the Chief of Police; and, E_~. Nothing contained herein shall be construed as an employment contract with any individual employee; and, F_ Employees transferred to the CITY shall be subject to all applicable general orders, rules, regulations, policies, administrative orders, ordinances, resolutions, applicable collective bargaining agreements, if any, which shall include, but not be limited to, those relating to disciplinary actions and performance evaluations and increases as they may apply to similarly situated employees of the CITY. SECTION 3. GENERAL TERMS AND CONDITIONS A._:. Applicable Rules and Laws: The COUNTY, the Sheriff's Office, and the CITY agree to be governed by this Agreement, as well as applicable State and Federal laws, rules and regulations. B_~. Term of Agreement. This Agreement shall be from September 25, 1999 until September 30, 2000 and may thereafter be continued from year to year unless terminated as provided below. C__:. Termination. The CITY may terminate this contract upon thirty (30) days written notice if grant funding or any subsidies provided pursuant to the transfer of this program to the CITY or as may be referred to in this agreement or the companion fiscal agency agreement are discontinued. Notwithstanding the foregoing, if the CITY determines that for any reason the transfer of the program to the CITY is not in the best interests of the CITY, the CITY shall have the unilateral right to terminate and cancel the contract upon giving 180 days prior written notice. In the event of termination, the CITY shall have no liability for any damages actual or consequential under this agreement, except that all funds received by the CITY under the Weed and Seed Program that remain unencumbered upon the effective date of the termination and all assets of the Weed and Seed Program shall be returned or transferred to the appropriate entity. Upon termination, persons employed pursuant to this agreement shall have no right to continued employment, but shall have the opportunity to apply for any available 5 vacant position in the CITY for which they are qualified pursuant to City policies in effect at the time of termination. SECTION 4. LIABLITY A. The CITY as a state agency agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortious acts which result in claims or suits against the COUNTY and/or PBSO and agrees to be liable to the limits set forth in Section 768.28, Florida Statutes, for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. B. The COUNTY, as a political subdivision of the State, agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortious acts which result in claims or suits against the CITY and/or PBSO, and shall be liable to the limits set forth in Section 768.28, F.S. for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the COUNTY to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of any contract. C__ The PBSO agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortious acts which result in claims or suits against the CITY and/or COUNTY, and shall be liable to the limits set forth in Section 768.28, F.S. for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign 6 immunity by the PBSO to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of any contract. Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. SECTION 5. NOTICE AND CONTACT A. All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below: For the COUNTY: Ms. L. Diana Cunningham, Executive Director Criminal Justice Commission '301 N. Olive Avenue, Suite 1001 West Palm Beach, FL 33401 For the CITY: Ms. Regenia Scott, Executive Director Palm Beach County Weed and Seed Program Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444 For the Sheriffs Mr. Billy Riggs, Director of Administration Office: Palm Beach County Sheriffs Office 3228 Gun Club Road West Palm Beach, FL 33406 SECTION 6. ENTIRETY OF AGREEMENT The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. SECTION 7. INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of this Agreement shall have no effect upon the validity of any other part or portion hereof. 7 SECTION 8. VENUE To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. SECTION 9. ATTORNEY'S FEES Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, however, this clause pertains only to the parties to this Agreement. SECTION 10. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the Palm Beach County Sheriff's Office, the COUNTY, or the CITY. SECTION 11. EQUAL OPPORTUNITY PROVISION The CITY agrees that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of, or be subjected to, any form of discrimination under any activity carried out by the performance of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: Print Name: Print Name: Title: Title: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney 8 ATTEST: PALM BEACH COUNTY FLORIDA BY ITS BOARD OF COUNTY DOROTHY H. WILKEN COMMISSIONERS By: By: Deputy Clerk Chair PALM BEACH COUNTY SHERIFF'S OFFICE By: Sheriff APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~ SUBJECT: AGENDA ITEM # ~/ - REGULAR MEETING OF SEPTEMBER 21, 1999 CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/CHAZ EQUIPMENT CO., INC. (DOTTEREL ROAD RECONSTRUCTION & BAY STREET UTILITY/ROAD IMPROVEMENTS) DATE: SEPTEMBER 17, 1999 This is before the City Commission to approve closeout Change Order #2 in the net add amount of $2,823.79 with Chaz Equipment Co., Inc. for the Dotterel Road Reconstruction project and water main installation, storm drainage installation and road reconstruction of Bay Street from Venetian Drive to Gleason Street. The original contract for the Dotterel Road reconstruction was awarded to Chaz Equipment on February 2, 1999. On March 16, 1999, the Commission approved Change Order #1 to the contract to include the additional work on Bay Street. Also included are repairs to the existing sanitary sewer identified during construction. Also requested is final payment in the amount of $20,328.08. The projects are complete and have been inspected and approved by staff. Funding will be from 442-5178-536-63.51 (W&S Renewal & Replacement/Sewer Mains). Recommend approval of closeout Change Order #2 and the request for final payment to Chaz Equipment Co., Inc. Ref:Agrnemol 6.Closeout. Chaz Equipment. Dotterel Road & Bay Street Agenda Item No.: ~H AGENDA REQUEST Date: September 15, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 21, 1999 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for final plus/minus as-built quantity change order (C.O. #2, final) to Chaz Equipment Co., Inc. for the Dotterel Road Reconstruction Project (PN 95-33); water main installation, storm drainage installation and road reconstruction of Bay Street from Venetian Dr to Gleason St (PN 97-45) as awarded by previous Contract Addition (C.O. #1). Also included are repairs to the existing sanitary sewer identified during construction. The amount of C.O. #2, final is a net add of $2,823.79. Approval is also requested for final payment to be made to Chaz Equipment in the amount of $20,328.08. A Contractor Evaluation form is attached for your review. Funding Soume is 442-5178-536-63.51 (R&R Sewer Mains). ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YES Recommendation: Staff Recommends__approva~ of the Contract Addition (q~,O. %2) and final payment to Chaz Equip~ Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives , (if applicable~ Account No. & Description.S- Account Balance Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9840.doc Memorandum To: David T. Harden, City Manager /]/~ From: Howard Wight, Dep Director of Co Date: September 15 1999 Re: Dotterel Road Reconstruction (PN 95-33)/Contract Addition for Bay Street Reconstruction (PN97-45) Final Closeout Change Order I Final Payment Attached for Commission approval is an agenda request for final plus/minus as- built quantity change order (C.O. #2, final) to Chaz Equipment Co., Inc. for the Dotterel Road Reconstruction Project (PN 95-33); water main installation, storm drainage installation and road reconstruction of Bay Street from Venetian Dr to Gleason St (PN 97-45) as awarded by previous Contract Addition (C.O. #1). Also included are repairs to the existing sanitary sewer identified during construction. The amount of C.O. #2, final is a net add of $2,823.79. Approval is also requested for final payment to be made to Chaz Equipment in the amount of $20,328.08. ^ Contractor Evaluation form is attached for your review. Funding Source is 442-5178-536-63.51 (R&R Sewer Mains). file: 97-45A;95-33A (A) CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2, Final PROJECT NO. 95-33 DATE: PROJECT TITLE: Dotterel Road Reconstruction TO CONTRACTOR: Chaz Equipment Co., Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Plus minus as-built quantity changes per Schedule A attached SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $275,772.50 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $127,965.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $403,737.50 COST OF CONSTRUCTION CHANGES THIS ORDER $ 2~823.79 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $406,561.29 TOTAL PER CENT INCREASE TO DATE 47.6% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Chaz Equipment Co., Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source is 442-5178-536-63.51 (R&R Sewer Mains) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk CITY OF DELRAY BEACH DOTTEREL ROAD RECONSTRUCTION Final +1- Closeout Change Order #2, Final PROJECT NO: 95-033 CONTRACT AS-BUILT UNIT CONTRACT PER TOTAL TO DATE NO DESCRIPTION QUANTITY UT PRICE AMOUNT AM(EIUANTITY AMOUNT 1Maintenance of Traffic 1ILS I$ 10,000.005 10,000.00 15 10,000.00 2 Clearing & Grubbing 1 LS 9,000.00 $ 9,000.00 1 $ 9,000.00 3 Remove Existing Pavement & Scarify Base 1 LS 10,000.00 $ 10,000.00 1 $ 10,000.00 4 Remove Existing Asphalt Sidewalk 1 LS 1,000.00 $ 1,000.00 1 $ 1,000.00 5 Swale Grading & Sodding 7,300 SY 3.75 $ 27,375.00 4496 $ 16,860.00 6 1-1/2"Type SIAsphalt 6,000 SY 4.00 $ 24,000.00 4869 $ 19,476.00 7 Limerock Base Finished & Primed 6,500 SY 1.50 $ 9,750.00 5087 $ 7,630.50 7A Re-Work Subgrade 20+40 to 22+00 0 LS 1,300.00 $ 1 $ 1,300.00 8 ILimerock Base Material 2,500 TON 8.50 $ 21,250.00 2897 $ 24,624.50 9 TensarGeogrid 7,000 SY 2.75 $ 19,250.00 5087 $ 13,989.25 10 8" Thick Concrete Ddveway Apro 3,500 SF 2.25 $ 7,875.00 2545 $ 5,726.25 11 Asphalt Drive Apron 440 SY 11.50 $ 5,060.00 659 $ 7,578.50 12 4" Thick Concrete Sidewalk 7,600 SF 2.00 $ 15,200.00 6915 $ 13,830.00 12A Re-workSidewalkSubgrade 0 LS 1,200.00 $ I $ 1,200.00 13 8" Thick Concrete Sidewalk 550 SF 2.25 $ 1,237.50 650 $ 1,462.50 14 5'Dia. Manhole I EA 3,500.00 $ 3,500.00 I $ 3,500.00 15 6' Dia. Manhole I EA 4,000.00 $ 4,000.00 1 $ 4,000.00 16 Type"E"lnlet 3 EA 3,700.00 $ 11,100.00 1 $ 3,700.00 17 Type "c" Inlet 4 EA 2,100.00 $ 8,400.00 6 $ 12,600.00 18 18"R.C.P. 120 LF 42.00 $ 5,040.00 88 $ 3,696.00 19 24" R.C.P. 370 LF 45.00 $ 16,650.00 328 $ 14,760.00 20 24" CMP 55 LF 65.00 $ 3,575.00 80 $ 5,200.00 21 Reconstruct Sanitary Lateral 11 EA 5,000.00 $ 55,000.00 12.5 $ 62,500.00 22 Relocate Fire Hydrant Assembly 1 EA 1,500.00 $ 1,500.00 1 $ 1,500.00 23 Pavement Marking & Signage 1 LS 3,200.00 $ 3,200.00 1 $ 3,200.00 24 Utility Allowance I LS 2,500.00 $ 2,500.00 $ - 24A Sod- Lake CourtWM 0 LS 2,910.00 $ 1 $ 2,910.00 24B Uod Struct D-1 ,D-2,D-3 Util Conflict 0 EA 84.00 $ 3 $ 252.00 24C Repair Exist San Main Adj to D-3 0 LS 1,004.90 $ 1 $ 1,004.90 24D Repair Exist San Main {~ Mallard 0 LS 3,055.00 $ 1 $ 3,055.00 24E Repair Exist San Main @ Jaeger 0 LS 2,661.30 $ 1 $ 2,661.30 25 Video Allowance 1 LS 300.00 $ 300.00 1 $ 300.00 26 Indemnity 1 LS 10.00 $ 10.00 1 $ 10.00 Subtotal Dotterel Road $275,772.50 $ 268,526.70 CITY OF DELRAY BEACH BAY STREET - WINDSOR COURT (PN 97-45) Final +1- Change Order #2 Final to PN 95-33 Schedule 'A' Contract (per CO #1) As-built UNIT NO DESCRIPTION QUANTITY UT PRICE AMOUNT QUANTITY AMOUNT 1 Maintenance of Traffic 1 LS $2,500.00 $ 2,500.00 1 $ 2,500.00 2 Open-cut Pavement Repair 17 LF $ 20.00 $ 340.00 0 $ 3 Remove Existing Drainage Structure 3 ~ $ 400.00 $ 1,200.00 5 $ 2,000.00 4 Remove Existing Drainage Pipe 1 LS $4,000.00 $ 4,000.00 I $ 4,000.00 5 1-1/2"Type S-3Asphalt 1200 S~ $ 4.50 $ 5,400.00 216 $ 972.00 5A 3/4" Type S-3 Asphalt (lst Lift) 0S¥ $ 2.95 $ 1120 $ 3,304.00 6 8" LimerockBase 1300 S~ $ 12.00 $ 15,600.00 1389 $ 16,668.00 7 12" Stabilized Subggrade 1400 S¥ $ 6.00 $ 8,400.00 1526 $ 9,156.00 8 Pavement Markings 1 LS $2,500.00 $ 2,500.00 0 $ 9 24" RCP-drainage pipe 33 LF $ 45.00 $ 1,485.00 25 $ 1,125.00 10 30" RCP-drainage pipe 460 LF $ 50.00 $ 23,000.00 386 $ 19,300.00 -- 12" PVC form D-4 to exist 12" RCP 0 LS $ 927.94 $ 1 $ 927.94 -- 18"RCPfromD-6to4'PMH 0LS $ 985.62 $ 1 $ 985.62 -- 36" RCP 6' MH to exist @ Venetian 0LS $4,048.50 $ 1 $ 4,048.50 11 Valley Gutter 455 LF $ 15.00 $ 6,825.00 407 $ 6,105.00 12 4' Type P drainage Manhole (0'-6') I E,a $ 3,000.00 $ 3,000.00 I $ 3,000.00 -- 6'dia MH (Venetian) 0 EA $4,000.00 $ 1 $ 4,000.00 13 Type"E" Inlet and grate 5 E,a $3,700.00 $ 18,500.00 5 $ 18,500.00 14 Connect to Existing Drainage 2 E/~ $ 500.00 $ 1,000.00 5 $ 2,500.00 15 8" C-900Water Main 440 LF $ 17.00 $ 7,480.00 449 $ 7,633.00 15A Extra VVM Fittings for Conflicts 0 LS $1,801.25 $ 1 $ 1,801.25 16 10" X 8" Tapping Sleeve andValve 1 E,a $2,500.00 $ 2,500.00 1 $ 2,500.00 17 8" X 8" Tapping Sleeve andValve 1 E/~ $2,300.00 $ 2,300.00 1 $ 2,300.00 18 8" Gate Valve&Box 2 EA $ 600.00 $ 1,200.00 2 $ 1,200.00 19 Fire Hydrant 1 E/~ $1,700.00 $ 1,700.00 1 $ 1,700.00 20 Single Water Service 10 EA $ 500.00 $ 5,000.00 10 $ 5,000.00 21 Double Water Service 3 ~ $ 650.00 $ 1,950.00 3 $ 1,950.00 22 Fill & Flush Assembly 1 EA $1,200.00 $ 1,200.00 1 $ 1,200.00 23 Sample Points 2 E,~ $ 200.00 $ 400.00 3 $ 600.00 24 6"SDR 35 PVC 375 LF $ 13.00 $ 4,875.00 377 $ 4,901.00 25 6" Cleanout 18 F.~ $ 150.00 $ 2,700.00 18' $ 2,700.00 26 Tie into Existing Laterals 2 E,~ $ 500.00 $ 1,000.00 0 $ 26A Cutin8X6WyesforVVindsorCt 0 E/~ $2,193.64 $ 2~ $ 4,387.28 27 Sod 400 S¥ $ 4.00 $ 1,600.00 190 $ 760.00 28 Video Allowance 1 LS $ 300.00 $ 300.00 1~ $ 300.00 29 Indemnification 1 LS $ 10.00 $ 10.00 1 $ 10.00 Subtotal Bay Street / Windsor Court $127,965.00 $138,034.59 Grand Total $406,56t.29 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~'. -r'. _ REGULAR MEETING OF SEPTEMBER 21, 1999 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/GILMORE ELECTRIC CO., INC. (HAND'S PARKING LOT LIGHTING) DATE: SEPTEMBER 17, 1999 This is before the City Commission to approve closeout Change Order #1 in the net add amount of $2,998.00 with Gilmore Electric Co., Inc. for the installation of street lighting at the City parking lot behind Hand's, adjacent to the FEC Railroad and N.E. 2"d Street. The change order is for additional trenching, conduits and asphalt patching required when the poles and pull boxes were moved to allow centering between existing trees and parking stalls. It also accounts for miscellaneous pro rata irrigation repairs at pole locations in landscape areas. Also requested is final payment in the amount of $3,958.11 to Gilmore Electric. The project is complete and all warranty documentation received. Funding will be from 334-3162-541-63.15 (General Construction Fund - Downtown Parking Lots). Recommend approval of closeout Change Order #1 and the request for final payment to Gilmore Electric Co., Inc. for completion of the Hand's parking lot lighting project. RefiAgmemo 16.Closeout. Gilmore Electric. Hand's Parking Lot Lighting Agenda Item No. AGENDA REQUEST Date: September 10, 1999 Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda When: September 21, 1999 Description of item {who, what, where, how much): Staff request the City Commission approve a net add Change Order #1/Final in the amount of $2,998.00, and final payment in the amount of $3,958.11 to Gilmore Electric Co., Inc. for the completion of improvements lighting at Hands Parking Lot (PN 98-084). Funding is available from the account #334-3162-541-63.15 (Downtown Parking Lots). Recommendation: Staff recommends the City Commission approve Change Order #1/Final and Final Payment, to the construction contract with Gilmore Electric Co. Inc., for the completio~n of lighting improvements at Hands p~rk~g L. o~ Department head signature:{~~, Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re~.uJr,,ed on all items involving expenditure of funds): Funding available: ~NO Funding alternatives (if applicable): Account No. & Description ~,~5/- Account Balance ..'~,.¢~,/ ~i'O(,,-'J°q City Manager Review: Approved for agenda: E~NO ~"I Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~...\98084~agreq Memorandum To: David T. Harden City Manager From: Howard Wight Deputy Director of Con Date: September 10, 1999 Subject: Hands Parking Lot Lighting; Change Order #1/Final Payment Project No. 98-084 Attached is an Agenda Request for City Commission to approve add Change Order #1, Final for the above referenced Project. The Contract scope includes the installation of street lighting at the City parking lot behind Hands and adjacent to the FEC Railroad tracks and NE 2r~ St. Change Order #1 is for additional trenching, conduits and asphalt patching required when the poles and pull boxes were moved to allow centering between existing trees and parking stalls. It also accounts for miscellaneous pro rata irrigation repairs at pole locations in landscape areas. The project is complete and all warranty documentation received. Staff recommends the City Commission approve Change Order #11Final in the amount of $2,998.00 and final payment in the amount of $3,958.11 to Gilmore Electric Co. Inc. A Contractor Evaluation is attached for your review. Funding is available from account #334-3162-541-63.15 (Downtown parking Lots). File 98-084 (A) s\...\9884~agrnern CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1,Final PROJECT NO. 98-084 DATE: PROJECT TITLE: Hands Parking Lot Lighting TO CONTRACTOR: Gilmore Electric Co., Inc.. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Additional pavement patching and irrigation repairs at revised light pole and pull box location as directed by the Engineer. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 48,010.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 48,010.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 2,998.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 51.008.00 PER CENT INCREASE THIS CHANGE ORDER 6.2 % TOTAL PER CENT INCREASE TO DATE - 6.2% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Gilmore Electric Co., Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account #334-3162-541-63.15 (Downtown parking Lots). DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Jay Alperin, Mayor ATTEST: APPROVED: By: City Attorney City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # 80' - REGULAR MEETING OF SEPTEMBER 21, 1999 CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/COLONNA CONSTRUCTION CO., INC. (A1A SIDEWALK IMPROVEMENTS & OSCEOLA PARK ALLEY IMPROVEMENTS) DATE: SEPTEMBER 17, 1999 This is before the City Commission to approve doseout Change Order #2 in the net deduct amount of $2,426.58 with Colonna Construction Co., Inc. for the referenced projects. Change Order ~2 represents the plus/minus as-built quantity adjustments based on field measured quantifies for the AIA Sidewalk Improvements at Sandoway project (sidewalk construction on the west side of A1A between Ingraham Avenue and Miramar Street), as well as the Block 2, Osceola Park Alley Improvements project. The original contract for the A1A sidewalk was awarded to Colonna by the City Commission on March 2, 1999 in the amount of $43,794. A contract addifon (C.O. #1) was approved on April 20e' in the amount of $23,355 for alley improvements within Block 2 of Osceola Park. The contract also included miscellaneous concrete repairs at the Lowson Boulevard/Military Trail Water Mare Interconnect. The items included in the change order are detailed on Schedule "A", attached. Also requested is final payment in the amount of $3,236.13. The projects are complete and have been inspected and approved by staff. Funding to close out the project will be as follows: ($5,135.00) from 334-3162-541-63.11 (General Construction Fund - Bike Paths/Sidewalks), ($200.00) from 448-5411-538-63.90 (Stormwater - Other Improvements), and $2,908.42 from 442-5178-536-63.50 (R&R -Water Mains). Recommend approval of closeout Change Order #2 and the request for final payment to Colonna Construction Co., Inc. Ref:Agmemol6.Closeout. Colonna Const. A!A Sidewalk Agenda Item No.: ~,~. AGENDA REQUEST Date: September 15, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 21, 1999 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for deduct Change Order #2, final to Colonna Construction Co., Inc. for the above referenced Project. Change Order #2 represents the plus/minus as-built quantity adjustments based on field measured quantities for A1A Sidewalk Improvements at Sandoway (PN 95-50); Block 20sceola Park Alley Improvements (PN 99-10) awarded previously by Contract Addition (C.O. #1); and miscellaneous concrete repairs at the Lowson/Military Tr Water Main Interconnect (99-024). The amount of the Change Order is a net deduct of $2,426.58 as identified on Schedule 'A' of the Change Order. A request is also made for approval to make final payment to Colonna in the amount of $3,236.13. A Contractor Evaluation is attached for your review. Funding is available from account numbers 334-3162-541-63.11 (bikepaths, sidewalks) for --$5,135.00; 448- 5411-538-63.90 (Other Improvements) for-$200.00; and 442-5178-536-63.50 (R&R Water Mains) for $2,908.42. ORDINANCE/RESOLUTION REQUIRED: YES/~DRAFT ATTACHED YESJ Recommendation: Staff Recommen~approval of Change Order %2, final ~nd final payment to Colonna Constructio/./~ ~~ ~~v ~ Department Head Signature: ~ k_. Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: ApprovedHold Untilf°r: agenda: ~/NO Agen~ Coordinator Review: Received: 3g~ ~ ~/&2 - ~/-~J /~ Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Director of Constructi~ Date: September 15, 1999 Re: Sandoway Park Marine Education Facility S.R. AIA Sidewalk Improvements (PN 95-50);Block 2 Osceola Park Alley (PN99- 010) Final Plus/Minus Change Order/Final Payment Attached for Commission approval is an agenda request for deduct Change Order #2, final to Colonna Construction Co., Inc. for the above referenced Project. Change Order #2 represents the plus/minus as-built quantity adjustments based on field measured quantities for A1A Sidewalk Improvements at Sandoway (PN 95-50); Block 20sceola Park Alley Improvements (PN 99-10) awarded previously by Contract Addition (C.O. #1); and miscellaneous concrete repairs at the Lowson/Military Tr Water Main Interconnect (99-024). The amount of the Change Order is a net deduct of $2,426.58 as identified on Schedule 'A' of the Change Order. A request is also made for approval to make final payment to Colonna in the amount of $3,236.13. A Contractor Evaluation is attached for your review. Funding is available from account numbers 334-3162-541-63.11 (bikepaths, sidewalks) for ($5,135.00); 448-5411-538-63.90 (Other Improvements) for ($200.00); and 442-5178-536-63.50 (R&R Water Mains) for $2,908.42. file: 99-10(A);95-50 (A) Sandoway Park Sidewalk Project 99-90 Schedule A Change Order #2, Final A- 1 -A Sidewalk Construction - Sandoway (Fund # 334-3162-541-63.11) NO. DESCRIPTION UNIT QTY'. UNIT PRICE AMOUNT QTY. AMOUNT I Traffic maintenance L.S. I $5,484.00 $5,484.00 I $5,484.00 2 Clearing & Grubbing L.S. I $7,000.00 $7,000.00 I $7,000.00 3 $" Thick Concrete Sidewalk S.F. 3500 $2.50 $8,750.00 2740 $6,850.00 4 Concrete Drive Aprons S.F. 600 $3.00 $1,800.00 380 $1,140.00 5 Type F Concrete Curb L.F. 650 $28.00 $18,200.00 603 $16,884.00 6 St. Augustine Sod S.Y. 500 $3.50 $1,750.00 226 $791.00 7 Sign Relocation L.S. I $500.00 $500.00 I $500.00 8 Video Allowance L.S. I $300.00 $300.00 0 $0.00 9 Indemnification L.S. I $10.00 $10.00 I $10.00 ~UBTOTAL~A¶A SlDEWACK · /- NET DEDUCT Block 20sceola Park Alley Improvements (Fund ~i48-5411.538-$3.90) NO. DESCRIPTION UNIT QTY. UNIT PRICE TOTAL PRICE QTY. AMOUNT 1 Traffic maintenance L.S. I $1,000.00 $1,000.00 I $1,000.00 2 Clearing & grubbing L.S. I $500.00 $500.00 I $500.00 3 Swale Grading & Sodding S.Y. 90 $12.00 $1,080.00 90 $1,080.00 4 !Remove ex. Pavement & base L.S. I $3,600.00 $3,600.00 I $3,600.00 5 1-1/2" Type S III asphalt S.Y. 450 $9.00 $4,050.00 450 $4,050.00 6 8" Limerock Base S.Y. 470 $9.00 $4,230.00 470 $4,230.00 7 12" Compacted Subgrade S.Y. 550 $4.00 $2,200.00 550 $2,200.00 8 .6" Thick Concrete Sidewalk S.F. 125 $4.00 $500.00 125 $500.00 9 Pavement Marking and Signage L.S. I $1,500.00 $1,500.00 I $1,500.00 10 Valley Gutter L.F. 315 $13.00 $4,095.00 315 $4,095.00 11 Asphalt Trench Repair L.F. 20 $20.00 $400.00 20 $400.00 15 [Video Allowance L.S. I $200.00 $200.00 0 $0.00 SUB'rOTAL BW~k n O~c~ol~ A,~ im~rOve~nt, S2~.lSS.~ +/- NET DEDUCT ($200.00) M/scellaneous A ddR/on (442-5178-538-~3. 50) UNFPRI% rOTALPRIC~OTY. [ AMOUNT I[ $2,908.42 +/- NET ADD $2,908.42 +/- NET DEDUCT C.O. #2,Final ($2,426.58) Revised: 1/16/98 PHnted: 9/16/99 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2, Final PROJECT NO. 95-50 DATE: PROJECT TITLE: Sandoway Park Marine Education Facitlity S.R. A1A Sidewalk Improvements TO CONTRACTOR: Colonna Construction Co., Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM 'THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final Plus/Minus Quantity Changes per Schedule 'A' attached.. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 43,794.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 23,355.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 67,149.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ (2,426.58) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 64,722.42 PER CENT DECREASE THIS CHANGE ORDER -5.6 % TOTAL PER CENT INCREASE TO DATE - 47.7% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Colonna Construction Co.., Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account numbers ~ -De-dh-de -$5,335.00-448-5411-538-63.90 0t~aer Improvements $2,908.42-442-5178-536-63.50-!dater. lq'a±ns = $2,426..58 lqet Deduct DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Jay Alperin, Mayor ATTEST: APPROVED: By: City Attorney City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'~'~ SUBJECT: AGENDA ITEM #~' ~ - REGULAR MEETING OF SEPTEMBER 21, 1999 CLOSEOUT CHANGE ORDER #3 & FINAL PAYMENT/JAM-ROCK, INC. (SW 4TM STREET/SW 6TM AVENUE SIDEWALK IMPROVEMENTS) DATE: SEPTEMBER 17, 1999 This is before the City Commission to approve closeout Change Order ~3 in the net add amount of $16,951.96 with Jam-Rock, Inc. for services provided under the referenced contract. The additional work, as identified on Schedule "A" of the change order, includes plus/minus quantity changes on sidewalk construction on S.W. 4m Street (from S.W. 6~h Avenue to Swinton Avenue), S.W. 6th Avenue (from Atlantic Avenue to S.W. l0th Street), S.W. 7th Avenue and S.W. 11t~ Street at Pine Grove Park, and on the south side of Lake Ida Road from Davis Road to Coral Way. It also includes miscellaneous remedial concrete repairs and curbing at various City utility locations. Also requested is final payment in the amount of $19,274.36. The projects are complete and have been inspected and approved by staff. Funding is available as follows: $3,205.26 from 334-3162-541-63.11 (General Construction Fund - Bikepaths/Sidewalks), $3,475.50 from 118-1965-554-63.11 (Community Development - Bikepaths/Sidewalks), and $10,271.20 from 442-5178-536-63.50 OV&S Renewal & Replacement - Water Mains). Recommend approval of closeout Change Order #3 and the request for final payment to Jam-Rock, II'lC. RefiAgrnernol 6.Closeout.Jam-Rock. SW Area Sidewalk Imp. Agenda Item No. AGENDA REQUEST Date: September 16, 1999 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: September 21, 1999 Description of item {who, what, where, how much): Attached for Commission approval is an agenda request for deduct Change Order #3, Final to Jam-Rock, Inc. for the above referenced project. Work includes plus/minus quantity changes on sidewalk construction on SW 4~ Street (from SW 6t" Ave to Swinton);SW 6~ Ave (from Atlantic to SW 10thSt); SW 7t" Ave and SW 11~ St at Pine Grove Park; and on the south side of Lake Ida Road from Davis Road to Coral Way. It also includes miscellaneous remedial concrete repairs and curbing at various City utility repairs. The amount of the change order is a net add of $16,951.96 as identified on Schedule 'A' of the Change Order. A request is also made for approval to make final payment to Jam-Rock in the amount of $19,274.36. A Contractor Evaluation is attached for your review. Funding for Change Order #3 is available from account No. 334-3162-541-63.11 (Bikepaths/Sidewalks) for $3,205.26; No. 118-1965-554-63.11 (Bikepaths/Sidewalks) for $3,475.50. and 442-5178-536-63. 50 (R&R Water Mains) for 10,271.20. . ...... ORDINANCE/RESOLUTION REQUIRED' Not required.~ Recommendation: Staff recommends the City Commission approve Change Order #3, Final an~final payment to Jam-Rock. (/~_~_~,_/]~ ~_,// . .,,~ Department head signature: ~,._ g'~-~-~ --' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable)i Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable): Account No. & Description ~ Account Balance City Manager Review: Approved for agenda: O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...~98009~agreq1117 ~, j~,,.v.~/~4E~_ ~ ~l-~'~/,.~/~'. c,4_..i~l' ~;~.~.//_ ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Howard Wight /~,.., Dep Dir Constru~n- Date: September 16, 1999 Subject: SW 4th Street/SW 6t' Ave Sidewalk Improvements Change Order #3, Final / Final Payment Project No. 98-009 Attached for Commission approval is an agenda request for Change Order #3, Final to Jam-Rock, Inc. for the above referenced project. Work includes plus/minus quantity changes on sidewalk construction on SW 4th Street (from SW 6t' Ave to Swinton);SW 6t~ Ave (from Atlantic to SW 10thSt); SW 7th Ave and SW 11t~ St at Pine Grove Park; and on the south side of Lake Ida Road from Davis Road to Coral Way. It also includes miscellaneous remedial concrete repairs and curbing at various City utility repairs. The amount of the change order is a net add of $16,951.96 as identified on Schedule 'A' of the Change Order. A request is also made for approval to make final payment to Jam-Rock in the amount of $19,274.36. A Contractor Evaluation is attached for your review. Funding for Change Order #3 is available from account No. 334-3162-541-63.11 (Bikepaths/Sidewalks) for $3,205.26; No. 118-1965-554-63.11 (Bikepaths/Sidewalks) for $3,475.50. and 442-5178-541-63.50 (R&R Water Mains) for 10,271.20. Project File 98-009 (A) Esd...\98009\CO3rnem1117 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Threee (3), Final PROJECT NO. 98-009 DATE: PROJECT TITLE: SW 4~ St/SW 6~ Ave Sidewalk Improvements TO CONTRACTOR: Jam Rock, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Plus/Minus As-built Quantity adjustments per attached schedule 'A' attached SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $92,345.15 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $23,735.40 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $116,080.55 COST OF CONSTRUCTION CHANGES THIS ORDER $16,951.96 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $133,032.51 PER CENT INCREASE THIS CHANGE ORDER 18.5 % TOTAL PER CENT INCREASE TO DATE 40.0 % CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. CONTRACTOR (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding from account No. 334-3162-541-63.11 (Bikepaths/Sidewalks) for $3,205.26; No. 118-1965-554- 63.11 (Bikepaths/Sidewalks) for $3,475.50. and (R&R Water Mains) for 10,271.20.-44~_-5 ]. 78- 536-63.50. DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: FOR ENVIRONMENTAL SERVICES CITY MANAGER ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK s:\...~6062~col SW 4th Street / SW 6th Avenue Sidewalk Improvements Project 98-009 Schedule 'A' Final +1- Closeout Change Order #3, Final ITEM ITEM CONTRACT AS-BUILT NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE FINAL QUANTITY UNIT PRICE TOTAL PRICE I Maintenance of Traffic LS 1 $8,680.00 $8,680.00 100% $8,680.00 2 Clearing and Grubbing LS I $4,711.15 $4,711.15 100% $4,711.15 3 5' Concrete sidewalk (4" thick) SF 18100 $2,02 $36,562.00 16,790 $2.02 4 5' Concrete sidewalk (6" thick) SF 3450 $3.00 $10,350.00 2,683 $3.00 5 Concrete Drive Aprons (6" thick) SF 5450 $3.00 $16,350.00 2,351 $3.00 6 Type "D" Concrete Curb LF t20 $7.30 $876.00- 105 $7.30 7 Swale grading SY 4225 $1.50 $6,337.50 2,848 $1.50 8 Swale sodding (Bahia) SY 4225 $1.46 $6,168.50 2,728 $1.46 Swale sodding (Floratam) SY 0 $2.50 $0.00 120 $2.50 Watering Tkld 0 $250.00 $0,00 2 $250,00 9 Utility allowance LS 1 $2,000.00 $2,000.00 0 $2,000,00 Adjust San MH Top - SW 6th Ave LS 0 $250.00 $0.00 1 $250.00 SE4th Ave Handicapped Ramps LS 0 $1,800.00 $0.00 I $1,800.00 Misc Curb for R&R Utility Repairs LS 0 $10,271.20 $0.00 I $10,271.20 ~L $10,271.20 10 Video allowance LS 1 $300.00 $300.00 I $300.00 11 Indemnification LS 1 $10.00 $10.00 1 $10.00 ~ Change Order #1. Pine Grove ~ 1 & 2 MOT, Clearing and Grubbing LS I $3,251.90 $3,251.90 100% $3,251.90 3 5' Concrete sidewalk (4" thick) SF 4600 $2.02 $9,292.00 4,035 $2.02 4 5' Concrete sidewalk (6" thick) SF __ 770 $~.00 $2,310.00 555 $3.00 Change Order #2 - Lake Ida _ I & 2 MOT, Clearing and Grubbing LS I $3,251.90 $3,251.90 100% $3,251.90 Sprinkler Repair LS I $500.00 $500.00 100% $500.00 !~!~ ~ ~: 3 5' Concrete sidewalk (4" thick) SF 2323 $2.02 $4,691.60 2,193 $2.02 !i~~ ~: 8 Swale sodding (Bahia) SY 300 $1.4~6 $438.00 0 $1.46 ~.:~./~;!~¥~!~ ~.~ '~ Swale sodding (Floratam) SY 0 $2,50 $0.00 842 $2.50 ~i'?~i Change Order It3 - SW 6th Ave (4th to '10th) 1 & 2 MOT, Cleadng and Grubbing Sprinkler Repair LS 0 $9,200.00 $0.00 100% ; $9,200.00 ~ 3 5' Concr~tc sidewalk (4" thick) SF 0 $2.02 $0.00 5790 $2.02_ 4 $' Concr~e sidewalk (6" thick) SF 0 $3.00 $0.00 505 $3.00 7 C~ading for sod SY 0 $1.00 $0.00 917 $1.00 8 Swal~ so~ding (Bahia) SY 0 $1.46 $0.00 917 $1.46 10 Video allowanc~ LS 0 $150.00 $0.00 1 __ $150.00 GRAND TOTAL $116,080.55 $133,032.51 FUND BREAKDOWN Contract - C.O. #2 As-Built +1(-) C. O. ~3 442-5178-536-63.50 (R&R Water Mains) $0.00 $10,271.20 $10,271.20 GRAND TOTAL $116,060.55 $133,032.51 $16,951.96 SW 4th Street I SW 6th Avenue Sidewalk Improvements Project 98-009 Requisition #7 ITEM ITEM CONTRACT AS-BUILT NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE FINAL QUANTITY UNIT PRICE TOTAL PRICE 1 Maintenance of Tra~"~' LS 1 $8,660.00 $8,680.00 100% $8,680.00 2 Cleadng and Grubbing LS 1 $4,711.15 $4,711.15 100% $4,711.15 3 5' Concrete sidewalk (4" thick) SF 18100 $2.02 $36,562.00 16,790 $2.02 4 5' Concrete sidewalk (6" thick) SF 3450 $3.00 $10,350.00 2,683 $3.00 5 Concrete Drive Aprons (6" thick) SF 5450 $3.00 $16,350.00 2,351 $3.00 6 Type "D" Concrete Curb LF 120 $7.30 $876.00 105 $7.30 7 Swale grading SY 4225 $1.50 $6,337.50 2,848 $1.50 8 Swale sodding (Bahia) SY 4225 $1.46 $6,168.50 2,728 $1.46 Swale sodding (Floratam) SY 0 $2.50 $0.00 120 $2.50 Watering Tkld 0 $250.00 $0.00 2 $250.00 9 Utility allowance L$ 1 $2,000.00 $2,000.00 0 $2,000.00 Adjust San MH Top - SW 6th Ave L$ 0 $250.00 $0.00 1 $250.00 SE4th Ave Handicapped Ramps LS 0 $1,800.00 $0.00 1 $1,800.00 Misc Curb for R&R Utility Repairs LS 0 $10,271.20 $0.00 1 $10,271.20 10 Video allowance LS I $300.00 $300.00 1 $300.00 11 Indemnification LS 1 $10.00 $10.00 1 $10.00 Change Order #1 ~ Pine Grove -- 1 & 2 MOT, Clearing and Grubbing LS I $3,251.90 $3,251.90 100% $3,251.90 3 5' Concrete sidewalk (4" thick) SF 4600 $2.02 $9,292.00 4,035 $2.02 4 5' Concrete sidewalk (6" thick) SF 770 $3.00 $2,310.00 555 $3.00 Change Order #2 - Lake Ida I & 2 MOT, Clearing and Grubbing LS I $3,251.90 $3,251.90 100% $3,251.90 Sprinkler Repair ES 1 $500.00 $500.00 100% $500.00 3 5' Concrete sidewalk (4" thick) SF 2323 $2.02 $4,691.60 2,193 $2.02 8 Swale sodding (Bahia) SY 300 $1.46 $438.00 0 $1.46 Swale sodding (Floratam) SY 0 $2.50 $0.00 842 $2.50 I Change Order #3 - SW 6th Ave (4th to 10th) 1 & 2 MOT, Clearing and Grubbing Sprinkler Repair LS 0 $9,200.00 $0.00 100% $9,200.00 ~ 3 5' Concrete sidewalk (4" thick) SF 0 $2.02 $0.00 5790 $2.02 1 4 5' Concrete sidewalk (6" thick) _ SF 0 $3.00 $0.00 505 $3.00 7 _ Grading for sod _ SY 0 $1.00 $0.00 917 $1.00 8 _ Swale sodding (Bahia) SY 0 $1.46 $0.00 917 $1.46 10 Video allowance LS 0 $150.00 $0.00 1 __ $150.00 GRAND TOTAL $116,080.55 $133,032.51 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/['/! SUBJECT: AGENDA ITEM #~'.£ -- REGULAR MEETING OF SEPTEMBER 21, 1999 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: SEPTEMBER 16, 1999 Attached is the Report of Appealable Land Use Items for the period September 7th through September 17, 1999. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Please note that several letters are included requesting changes in SPRAB item B. (Sandoway Park restrooms). A copy of the current site plan is also included. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. Ref:Apagrnemo/Appealables/9.21.99 TO: ~[~,V~ID T. HA .~.\EN, .CITY MANAGER THRU: ~~-~1 ~EZ~"°P~N~NIN~AN D ZONING DIRECTOR FROM: //J SMN LL / A _I_A__EN, PLANNER . . SUBJECT: ' MEETING OF SEPTEMBER 21, 1999 CONSENT AGENDA REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 7, 1999 THRU SEPTEMBER 17, 1999 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of September 7, 1999 through September 17, 1999. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (7 to 0), the architectural elevation plan associated with fa(;ade changes for the Chang Convenience Store, located at the southwest corner of SW 10th Street and SW 10th Avenue. B. Approved with conditions (7 to 0), a Class II site plan modification, landscape plan and architectural elevation plan associated with the construction of a 500 sq. ft. restroom facility at Sandoway Park, located on the west side of Ocean Boulevard (State Road A-l-A), approximately 145' north of Ingraham Avenue. City Commission Documentation Appealable Items Meeting of September 21, 1999 Page 2 C. Approved (5 to 2, Smith and Friess dissenting) a Class I site plan modification to allow the removal of a pedestrian wood floating bridge within the Lavers Development, located on the east side of SW 10th Avenue, north of Egret Circle. D. Approved with conditions (7 to 0), a Class III site plan modification and architectural elevation plan associated with the extension of an existing storefront and fa(;ade changes for City Oyster (fka Musician's Exchange), located on the north side of East Atlantic Avenue, between Pineapple Grove Way and the FEC Railroad. E. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 17,110 sq. ft. two- story office building for Delray Park of Commerce Professional Building, located at the southeast corner of Congress Avenue and Fountain's Way, within Delray Park of Commerce. F. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 1-story 62,210 sq. ft. self storage facility including a 2-story office/manager's apartment for Storage America, located at the northwest corner of SW 10th Street and SW 14t~ Avenue. Concurrently, the Board approved several waivers, namely: Eliminated the 5' sidewalk requirement for SW 15th Avenue and SW 8t' Street and deferred the installation of a sidewalk along the west side of NW 14~h Avenue until such time as a connection is made to the block immediately to the north. Increased the maximum driveway width from 24' to 25'. Reduced the depth of the required maneuvering apron from 6' to 2'. Increased the maximum standard aisle width from 26' to 30'9". Reduced the required interior landscape area from 10% to 2%. No Regular Meeting of the Board was held during this period. The Regular Meeting of the Board scheduled for September 15, 1999, was rescheduled to September 22, 1999. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- G~$T,~,~. SEPTEMBER 21, 1999 L-30 CANAL  ,r ................... ':'--" .......... I"'-' ~ t_ ....... ~r' ..... ~.1 u. N.W. 2ND $7] i ~... . I I i- ~ l ...... J ATLANTIC ii ; S.W. 2NDS'[ L ! " LOWSON BOULEVARD ~- t..~rON BOUL~/A~ ozz) ~ UNTON ~ ! ................... 3-~'F.a'~"aJ ....................... c-~, S.P.R.A.B.: A. CHANG CONVENIENCE STORE ......... C~TVUU,TS ......... B. SANDOWA ¥ PARK C. LA VERS PEDESTRIAN BRIDGE D. ClTY OYSTER I I GRAPHIC SCALE E. DELRA ¥ PARK OF COMMERCE PROFESSIONAL BUILDING Cl-r,' F. STORAGE AMERICA PLANNING & ZONING DEPARTMENT 1999 - - DIGITAL BASE MAP SYSTEM. - JOHN C. NICHOLS II c rv 120 SOUTH OCEAN BOULEVA fiB-3 DEL Y BEACH, FLO DA 33483 September 1, 1999 Mr. David T. Harden, City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL. 33444 Re: Site Plan Review and Appearance Board Sandoway Park Restrooms Thank you for the Special Courtesy Notice which I received regarding the possible construction of restrooms in Sandoway Park. I appreciate the opportunity of addressing this matter. This matter is just not about the construction of restrooms in Sandoway Park. Rather, it should include also the original intent, present use, and future use of the park. In the proposed modification of Sandoway Park, it must be realized, Sandoway Park in the last parcel of "green space" from Anchor Park to the 8th street city limits. Originally Sandoway Park was designed and developed for public use by residents and visitors to Delray beach. During the ensuing years it has served its constituents wonderfully. The park is used, on a daily basis, by many business and professional people having their lunch. Residents and visitors have their lunch in the park. Many people bring their books to the park, sitting on the benches while reading. Many resident families have had picnics in the park, played with frisbees, played other games and used the park for the purpose for which it was intended. There have been weddings, worship services, and other types of gathering in the park. Future development of the park must insure that Sandoway Park remains a "family park" with maximum "green space". From the information I have been able to obtain, it appears that the proposed location of the restrooms would be in the middle of the park east of the parking area. What a way to destroy all the present amenities of Sandoway Park !! Lets backtrack, put on our thinking caps, and see if there is a way to not only have the restrooms but also save the "green space" with all the present amenities. Let me offer a suggestion regarding the restroom location, which I believe will properly permit restrooms and also save the park's "green space" for everyone's future use. I am suggesting that the location of the restrooms be on the South side of Sandoway Park, as close to the property line as possible. It would appear that an ideal location would be the SE. comer to the park adjacent to Al A and Sandoway House. Placed in this location, you have not only provided restroom facilities to the beach people, but also have made these facilities available for visitors to Sandoway House. Further by utilizing this location, you would be effectively directing people toward Sandoway House. There is no way of knowing how many people would take advantage of this location and visit Sandoway House. Utilizing this location will permit the smallest amount of the park to be taken for restroom facilities. The major remainder of the park will remain uncluttered and open for many types of activities. To place the restrooms in the center of the park will destroy the present esthetics of the park, and again Delray Beach will have just another parking lot with restrooms. In your review, do not forget the major factor, Sandoway Park is the last parcel of" green space "from Anchor Park to the 8th Street city limits. Thank you for your time, PROM :'0 PHONE NO. : Smp. 08 1999 12:07PM Pi ....... ~ ~-~ ~ ~ ~ ~--- - ~ .... ~== = --- i~ICHARD S. PEPPEI~ I~ECEiVED 643 NORTH ORLEANS ~.,~.~o. ,--,NO,~ ~o~,o ~,'cp r 3 ~,9,9,9 I September 9, 1999 Mr. David Harden City Manager City of De!ray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Harden: It is our understanding that the City of Delray Beach is planning to build new restrooms in Sandoway Park. This is very discouraging to the people who live at 120 Ocean Blvd. The park had been a very lovely place with wonderful green areas, but it seems every effort is being made to destroy the atmosphere of the park. By putting in the additional parking and now reStrooms, it is becoming an asphalt jungle, and the charm of the area is disappearing. We would encourage the members of the management of the City of Delray Beach to reconsider the location of these proposed restrooms. Your consideration of this matter would be greatly appreciated. Since~.ly~..~, ~-'~? ' Ric'h'~ird S. Pepper RSP:mlk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~,. SUBJECT: AGENDA ITEM # ~)~r~ REGULAR MEETING OF SEPTEMBER 21, 1999 AWARD OF BIDS AND CONTRACTS DATE: SEPTEMBER 16, 1999 This is before the City Commission to approve the award of the following bids and contracts: 1. Bid award in the amount of $37,399.78 to American La France Medic Master Corp. for the purchase of eleven (11) Automatic External Defibrillators, with 75% of the funding ($28,050) to come from a state grant and the remaining 25% match ($9,349.78) from Paramedic Account 115-0000-248-64.00. 2. Bid award in the amount of $22,842 to Wynn & Sons Environmental Construction, Inc., via Palm Beach County contract, for the replacement and repair of approximately 846 square yards or approximately 1,624 linear feet of concrete sidewalk on Swinton Avenue, Dixie Boulevard and N.E. 2"d Avenue, with funding from 334-3162-541-46.90 (General Construction Fund - Other Repair & Maintenance). 3. Purchase award in the amount of $24,476.00 to Lynn Pevey Company, sole source provider, for the purchase of an AFIX Tracker (Automatic Fingerprinting Identification) System for the Pohce Department, with funding from 115-2114-521-64.11 (Bureau of Justice Assistance Block Grant - Computer Equipment). Recommend approval of the bid and purchase awards listed above. Ref:Bid. Agmerno.9.21.99 Agenda Item No. ~.~./. AGENDA REQUEST Date: September 7, 1999 Request to be placed on: Workshop Agenda When: September 21, 1999 XX Regular Agenda Special Agenda Description of item (who, what, where, how much): Bid Award for purchase of eleven (11) Automatic External Defibrillators from American La France Medic Master Corp. at a cost of $37,399.78. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of this project. Funding to come from a 75% state grant of $28,050, account number 115-0000-248-97-00 and the remaining 25% match of $9,349.78, from Paramedic account number 11S-0000-248-64-00. DEPARTMENT HEAD SIGNATURE: ~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives .(if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~"~q~O /~ Hold Until:'-~ wI, Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved CITY OF DELRIIY BEACH FIRE DEPARTMENT ~ERV~ ~E~^¥ B~A~H · ~F~TBE^~ · HI~A~ ~E^C~ DELRAY BEACH Ali. America City ®MEMORANDUM 1993 TO: DAVID HARDEN, CITY MANAGER FROM: ROBERT B. REHR, FIRE CHIEF DATE: AUGUST 31, 1999 SUBJECT: PURCHASE OF AUTOMATIC EXTERNAL DEFIBRILLATORS On June 16,1999, I was informed that we were awarded a state emergency medical services matching grant to purchase (11) eleven Automatic External Defibrillators. These devices will be used to establish a community Automatic External Defibrillator Program and will be placed in civic, governmental and recreational facilities throughout the city. We are currently developing a program that will set minimum standards for use, training, awareness and data collection/recovery. Attached you will find a copy of three quotes for the Heartsaver Automatic External Defibrillator. I am recommending the purchase of (11) eleven Automatic External Defibrillators, Requisition number 73835, from American La France Medic Master. Funding is available as follows: · 75% state grant, $28,050 in line item 115-0000-248-97.00 · 25% matching funds, $9,349.78 from the paramedic account 115-0000-248- 64.00 U:~Authorization of funds for C.A.D. 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 ~. ~ . /. : --2ick Rogers 1-561-790-6587 To: Brad Fitzer Date: 8/12/99 Time: 1:18:22 PM Page 2 of 2 American LaFrance Medic Master Quotation TO: Delray Beach Fire-Rescue ACCOU N T #: 42700 FAX: 561-243-7461 ATTENTION: Brad Fitzer ~Y: RICK ROGERS, Territory Manager Effective Date: 8-12-99 to 11-12-99 Prices are good only for quantities indicated. Shipping is included on all orders over $100.00 IITEM NO. QTY DESCRIPTION UNIT PRICE TOTAL T ~4,)0:0 ~ Heartstart FR Semi-automatic External Defibrillator (Model E) $3,399.98 $37,399.78 with ECG display, 1 15 min. data card (#1FR1005)/unit, 1 simi-rigid case (#1941301)/unit. Also included is 1 AED trainer (#1932000) WE APPRECIATE YOUR BUSINESS!I Total $37,399.78 Rug' 90 99 Ol:09p JeFF Collett 561-790-2260 __P' 1 SHI=RWO~O BUSINESS FORMS, INC. (716) ~35.4,444 573005 MEDICAL INC. QUO TA T/ON// CORPORATE · 145 Mid County Drive · Orchard Park NY 14127.1737 . 716-662.~850 · FAX 718-652-7130.800-847-t000 ([IS) · 8O0-87&2879 (Canada) DISTRIBUTION · Po. 8ox 2IO. 2o0 Gates Road. Ballentine. South Carolina 29002 · 803-781-3370 · FAX 803.781-8729 · 800-845-3550 UNITED KINGDOM · 87 Kings Road · Fleet · Hamp$l~ire GU 13 9AR UK · Tel / 0252-621442 · Fax~ 0252.81 ! 790 ~LEPHONE~ (~m~ Code) ~ FOe FACTORY PL~SE CHECK ~ OF ORGANI~TION Auth~zdd ~naGrc - ' Title Date Acceptance Signature Title Date ~AUG-30-1999 17:13 LAERDAL MEDICAL CORP. Laerdal". ".. :-. '" help~g so~ QUOTATION I.t, Brad Fltzer 30-Aug-99 Dalray Beach Fire Department 50t W. Atlantic Ave. Delray Beach, FL 33444 We are pleased to quote es follows: 11 940020 Heartstart FR At::D. Model E - with ECG display S3,130.00 ,~34,430.00 11 941301 Semi-rigid case with Quick Reference Card S 132.00 $ 1,452.00 11 FR1005 Data Card: 15-rain. ECG and event recording ~ 146.00 $ 1,606.00 1 942000 Heartstart FP, AED Trainer $ 305.00 $ 305.00 TOTAL ,*37,793.00 Quoted by: Jeffrey Hattem Senior Account Manager Phone: 800-648-18B1 Ext. 379 Fax : 800-25B-6134 Thank you for yeur Interest In Laerdsl predu~$. Laerdal Medical Corporation. 167 Myers Corners Road. P.O. Box 1840, Wappingers Fails. NY 12590-8840 Telephone (914) 297-7770. Fax f914)297-I 137 Customer Service (8001 431-1055. Customer Service Fax (800) 227-7143 or (~14) 238,4545, Sales Representatives [8001 648-1851 TOTAL P. 02 Agenda Item No: AGENDA REQUEST Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: September 21, 1999 Description of agenda item (who, what, where, how much): C±ty Corem±ss±on ts requested to award a b±d to I4ynn and Sons Env±ronmentat Construct±on, Inc. under Palm Beach County Contract #99054 for the replacement and repa±r of approx±mately 866 square yards of concrete s±dewalk ±n the amount of ~;22~842. Fund±ne ts ava±lable tn account number 334-3162-5/41- 46.90. ORDINANCE/RESOLUTION REQUIRED YES(I~ Dra~ Attached: YES/NO Recommendation: ~~ Determinatio_n of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available.~0 Funding alternatives: (if applicable) Account No. & Description: ! i' / City Manager Review: Approved for agenda: ~/NO Hold until: Agenda Coordinator Review: Received: Actiom Al~proved/Disapproved [ITY OF BELRI:IY BEI:I£H DFLK~¥ GF^CH J~l-~l~Jl~l~lCit~ 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 · 561/243-7000 993 TO: David 1. Harden City Manager FROM: /?,~obert A. Barcinski ¢-- Assistant City Manager DATE: September 15, 1999 SUBJECT: AGENDA CITY COMMISSION MEETING SEPTEMBER 2'1, '1999 BID AWARD - SIDEWALK REPAIR AND REPLACEMENT Action City Commission is requested to award a bid to Wynn and Sons Environmental Construction, Inc. under Palm Beach County Contract #99054 for the replacement and repair of approximately 846 square yards of concrete sidewalk in the amount of $22,842. Funding is available in account number 334-3162-541. ;46.9o. Background Staff is requesting approval of a bid award under Palm Beach County contract to Wynn and Sons to remove and replace approximately 846 square yards or approximately 1,624 linear feet of sidewalk on Swinton Avenue, Dixie Boulevard, and N.E. 2n<~ Avenue. Locations have been verified as to need by the City Engineer. The locations have been noted as repair priority. Recommendation Staff recommends a bid award under Palm Beach County Contract #99054 to Wynn and Sons Environmental Construction, Inc. in the amount of $22,842 for the removal and replacement of approximately 846 square yards of concrete sidewalk. Funding is available in account number 334-3162-541- 46.90. RAB:tas File:u:sweeney/agenda Doc: wynn & sons THE EFFORT ALWAYS MATTERS MEMORANDUM TO: Bob Barcinski, Assistant City Manager - 'P<60 ~'C~'~//-' FROM: Hoyt Owens, Deputy Director Public Works ~4f,~,.~?. ~ DATE: September 10, 1999 .,' ~"9 SUBJECT: SIDEWALK REPAIRS PHASE 2 We have reviewed the attached listing of needed sidewalk repairs consistent with your August 10, 1999 memo. Field checks confirm that we can eliminate 40 LF of sidewalk installation (25 LF ~ 1561 NE 2nd Avenue and 15 LF ~ 2067 NE 2nd Avenue). The remaining sidewalk repairs are estimated, as follows: · North Swinton Avenue ~ 390 SY X $27/SY = $10,530 · Dixie Boulevard ~ 206 SY X $27/SY -- $ 5,562 · NE 2na Avenue ~ 250 SY X $27/SY = $ 6,750 Total estimate @ $ 22,842 Note: Some fluctuations in total price may occur when actual sidewalk installations are measured in the field to determine payment. It is my recommendation to "piggy-back" the phase 2 sidewalk repair project onto Palm Beach County's ANNUAL PATHWAY AND MINOR CONSTRUCTION CONTRACT BID #99054 / WYNN & SONS ENVIRONMENTAL CONSTRUCTION, INCORPORATED. A proposal from the vendor is attached which acknowledges the unit price extension to the City. If you have any questions, please call. attachments: c: Allen Powery w/o attachments a:barcinski 091099 phase 2 disk 9 WYNN & SONS ENVIRONMENTAl, CONSTRUCTION, INC. 8455 1st Lane South West Palm Beach, FL 3,341 '1 Phone 561-666-6077 Fa, x 561-686-2433 RECEIVED AUG 311999 PROPOSAL: SIDEWALK REPAIR F)LE COPY NAME I ADDRESS DATE CiTY OF DELE. AY BEACH 8/30/1999 434 S. SWINTON AVE. DELRAY BEACH, FL 33444 ATTN:ALLEN POWERY ITEM [:)ESCRIP'TION Q'rY I:~l'E TOTAL # 23 4" CONCRETE PATHWAY, PER SY 848 21.00 17,788.00 # 25 4" CONCRETE REMOVAL. PER SY 846 6,00 5,078.00 THIS PROPOSAL IS BASED ON PALM BE. ACH COUNTY ANNUAL PATHWAY & MINOR CONSTRUCTION TOTAL ......... PROPOSAL FORM '- ' .... WYNN & SONS - _ ENVIRONMENTAL CONSTRUCTION, INC. (COMPANY NAME) 8455 1ST LANE SOUTH WEST PALM BEACH, FL (COMPANY ADDRESS) ZIP CODE 33411 (561) 686-6077 PHONE NUMBER 65-0301746 DATE SUBMITTED: 07/09/98 FEDERAL TAX I.D. # FOR THE CONSTRUCTION OF: ANNUAL PATHWAY & MINOR CONSTRUCTION CONTRACT, PALM BEACH COUNTY, FLORIDA PRO3ECT #99054 TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA' We, the undersigned, hereby declare that no person or persons, firm or corporation, other than the undersigned, are interested in this proposal os principals, and that this proposal is made without collusion with any person, firm, or corporation, and we have carefully and to our full satisfaction examined the Contract Documents, and that we have made a full examination of the location of the proposed work and the source of supply of materials, and we hereby agree to furnish and pay for all necessary labor, equipment, materials and services, fully understanding that the quantities shown herein are approximate only and that we will fully complete oll work in accordance with the Contract Documents and the necessary requirements under them of the Engineer, within the time limit specified in this proposal for the following unit prices, to wit: P-1 pROJFZCT NAME: ANNUAL PATHWAY AND MINOR CONS~f~UCT!ONCONTRACT pROJECT NUMBER: 99054 BID PROPOSAL ITEM QT"(. UNITS UN!T PRICE TOTAL COUNTYWIDE UNLESS OTHERWISE INDICATED: ~JCLEARING & GRUBBING 3 ITREE RELOCATION S200.00 $600.00 4'--~--~EGETATION RELOCATION S5.00 I $50.00 5--'~MAIL BOXES (RESET) S20 00 I $200.00 6--~LREMOVE EXISTING ASPHALT SI 00 ~ $3,29000 7--¢-~EX CAVATI ON $8.00 i S27,680.00 8 IEMBANKMENT $4.00 $6,32000 9 12" TYPE C STABILIZATION $1 00 $610.00 ~ 4" BASE (INCL. PR ME COAT) S600 S55,160.00 '11 16" BASE (INCL. PRIME COAT) S6.25 $3,812.50 .... i~2 18" BASE (INCL. PRIME COAT) S6.50 S3,965.00 1_ 12" BASE (INCL. PRIME COAT) $7 00 S4,270 00 "14 ACSC TYPE S-Ill (1 114") (INCL. TACK COAT) 56.00 $62,220,00 "15 ACSC TYPE II (1") S3.50 $2.13500 ~'16 ACSC TYPE II (2") $6.25 $3.812.50 17 [ACSC TYPE II (<20 TONS ORDERS) $90.00 $35,100.00 _18 IACSC TYPE II (20-50 TON ORDERS) S85 00 $25,500.00 ~q IACSC TYPE 11 (51-100 TON ORDERS) $80.00 S52,800.00 20 ACSC TYPE II (>100TON ORDERS) S55.00 $73,15000 '"21 ASPHALT DRIVEWAY (1 1/2") (INCL. 6" BASEi ' 2.450 I SY $25.00 $61,250.00 '-22 ISPEEDHUMPS $2600 , $15.860.00 _23 14" CONCRETE PATHWAY $2100 I $75,600.00 24 [6" CONCRETE PATHWAY (OR DRIVEWAY) $23.00 $30,130.00 -25 !4" CONCRETE REMOVAL $600 ~ $6,000.00 26 6" CONCRETE REMOVAL $9 00 $7,380.00 '27 MISC. CONCRETE (INCL REINFORCING STEEL) (SEE NOTES) $20000 $68,000.00 ,28 MISC ASPHALT (INCL. TACK COAT) (SEE NOTES/ S90.00 $36,000.00 29 CONCRETE TRAFFIC SEPARATOR TYPE I SY J S20.00 57,200.00 '~0 ICONCRETE TRAFFIC SEPARATOR TYPE I t 610 i SY ~ S20.00 212.200 00 ~i CONCRETE TRAFFIC SEPARATOR TYPE Ill610 SY i $2002 512.200 0C 32 CONCRETE TRAFFIC SEPARATOR TYPE IV 610 SY $4000 $24,400 O0 33 !CONCRETE TRAFFIC SEPARATOR TYPE V 610 SY $2O.OO $!2.200.00 34 ICONCRETE TRAFFIC SEPARATOR REMOVAL 790 SY i $15 00 $i 1,85000 35 ICONCRETE CURB TYPE "D" 9,97O LF I S10.00 $99,700.00 36 CONCRETE CURB TYPE "D" REMOVAL 280 LF $1.00 $280.00 37 CONCRETE CURB & GUTTER TYPE "E 124LFLF $6.00 $744.00 I 124 '"38 CONCRETE CURB & GUTTER TYPE "E" REMOVAL ! $1.00 S124.00 ]Z9 CONCRETE CURB & GUTTER TYPE "F' t 1,780 LF I S12.00 S21.360.00 '4i CONCRETE CURB & GU1-TER (9") (PBC STANDARD) 124 LF S10.00 S! ,240.00 42 ~'~ ~= ! 124LF -"~ ~ S248 0C I ~NC,,~TE CURB & GUTTER (9") REMOVAL 45 iCONCRETE FLUSH HEADER CURB (PBC STANDARD) t 220 i, LF t, S6 00 Si 320 00 44 'CONC~-ETE HEADER CURB REMOVAL .45 CONCRETE VALLEY GUTTER REMOVAL 124 ' LF $! 00 $124.00 46 CONCRETE GRAVITY WALL 60 CY $5000 S3.000.00 .47 'CONCRETE DRIVEWAY CURB (PBC STANDARD) 124 LF S1500 I S1,860.00 48 '~ONCRE~-E DRIVEWAY CURB REMOVAL 124 LF $200 i S248 00 49 CONCRETE MOUNTABLE GU*FI-ER (PBC STANDARD) 170 LF S15 00I, S2,550 00 ~0 ~CONCRETE MOUNTABLE GUq-rER REMOVAL ' 170 LF S2 00 i $34000 REPAIR AND/OR REBUILD EXISTING INLET: ITEMS 51-58 -5! CURB INLET TYPE 1 (FDOT STANDARD) 3 EA S100 00 ! S300 00 52 CURB INLET TYPE 2 (FDOT STANDARD) 3 t EA i S100 00 : S300 00 53 CURB INLET TYPE 3 (FDOT STANDARD) i 3 EA i $100 00 i $30C 00 '54 CURB INLET TYPE 4 (FDOT STANDARD) 3 i EA I SI00 00 i $30000 5~-CURB INLET TYPE 5 (FDOT STANDARD) I 3 / EA i S100 00 S300.00 ~,5~ CURB INLET TYPE6(FDOTSTANDARD) ;, 3 i EA i S100.00 , S30000 ~-- ICURB INLET TYPE 7 (FDOT STANDARD) 3 EA I S100 00 S300 00 58 iCURB INLET TYPE 8 (FDOT STANDARD) ~ EA I $100 00 $30000 _~ REPLACE EXISTING OR CONSTRUCT NEW INLET: ITEMS 59-68 59. J~C (FDOT STANDARD) 6 i EA I Sl.000 00 $6.000 00 -6~' ]CURB INLET TYPE 1 (FDOT STANDARD) 3 EA I S900.00 S2.700 00 -~--~_~ CURB INLET TYPE 2 (FDOT STANDARD) 3 ! EA I $90000 S2.700 00 ~2_~k~~' I~-L~q'=Y~-~ (FDOT STA, NDARD) ', 3 ! EA ] sg0o 00 32.700.00 63 ICUR~~(FDOT STANDARD) ~ 3 i E~ ~ 590000 S2.700.00 5--2--! CURD IN'LET T'r;PE 5 (FDOT STANDARD) TYPE 6 (FDOT STANDARD) ~ 3 EA J S900 00 S2.700 O0 66-~CURB INLET TYPE 7 ~FDOT STANDARD~~& --~~ , EA ! $900 00 $2700 0,3 ~-CiJ~ET TYPE 8 (FDOT STANDARDi .k 3 i EA I S900 0,3 S2,700 00 CITY OF DELRAY BEACH PUBLIC WORKS DEPARTMENT WORK ORDER INSTAL~TION: Date: I~-~ - ~) ~me: ~tO0 ~ ~New ~ ~ ~ I~u~ by: (Dept.) ~ Replace Name/Phone: D Repair/Reset Signature: D Relocate Roadside L~tion: D NS ~ SS D ES ~ WS PRIORITY: ~ LOW D MEDIUM ~ HIGH D Remove ~rner L~atlon: ~ Other D NEC D NWC D SEC ~ SWC Q~. HR~ DE.RIP. ON: ~edals/Equlp~nt~ COST AMOU~ TOTAL ~ ~ ~ HOURS COMMENTS HI ENG SKETCH: CITY OF DELRAY BEACH PUBLIC WORKS DEPARTMENT WORK ORDER INSTALLATION: Issued by: (Dept.) [] Replace Name/Phone: [] Repair/Reset Signature: [] Relocate Roadside Loc~tion: [] NS [] SS [] ES ID WS PRIORITY: [] LOW [] MEDIUM [] HIGH [] Remove Comer Location: [] Other [] NEC n NWC [] SEC ID SWC QTY. HRS. DESCRIPTION: Mat erlats/Eq ulpment/Labo~ COST AMOUNT TOTAL HOURS COMME~S HI E~ ~ETCH: 't-L"; 4,.[ Work OOrt~ph~t,.x.J ~.;- ? t:, : . ~, .~ TIME DATE TIME CITY OF DELRAY BEACH PUBLIC WORKS DEPARTMENT WORK ORDER -.'~T~ ~ ~' ~ ~- ~T, TYPE OF Location: ;sued to: INSTALLATION: / Date: I¢__.-lO -c~,~ Time: '-~.~:::O /~-."~. E]New .5,$~ ~L~ I~u~ by: (Dept.) ~ Replace ~E~ Name/Phone: D Repair/Reset bi %~ ~ ~L~ Signature: B Relocate Roa~l~ ~on: D NS D SS D ES B WS PRIORI~: B LOW ~ MEDIUM ~ HIGH B Remove ~mer ~flon: D Other ~ NEC B NWC B SEC B SWC ~. H~ DE~RIP~ON: ~Equtpmn~ COST AMOU~ 20H blY~e ~Lv'~ gE Fr ... TOTAL _ ", i .o..s co....s ., ...c.: / CITY OF DELRAY BEACH PUBLIC WORKS DEPARTMENT WORK ORDER -- 'ssued to' ~r-~-~6~-1% ~6-P'~ TYPE OF Location: ~ ,'~_,,~, //~-tl~__ INSTAL~TION: ,~ ~¢-~ ~ ~me: '~' ~ ~'~ D ~w Date: I~u~ by: (Dept.) D Replace Name/Phone: D Repair/Reset Signature: D Relocate Roa~lde L~tlon: D NS D SS D ES D WS PRIORITY: D LOW D MEDIUM ~IGH D Remove ~mer ~tlon: ~ther D NEC D NWC D SEC D SWC Q~. HR~ DE.RIP.ON: ~als/Equlp~n~ COST AMOU~ TOTAL / ~~ ~ ... ,50 / / . / CITY OF DELR BEACH PUBLIC WORKS DEPARTMENT WO K ORDER issued to' ~'r(~c.-Eq 2~ '~¢. /:, ;- TYPE OF Location: ~' ~ ~m'c, ~,'~ INSTALLATION: Issued by: (Dept.) [] Replace Name/Phone: [] Repair/Reset Signature: [] Relocate Roadside Location: []NS [] SS []ES FIWS PRIORITY: [] LOW [] MEDIUM [] HIGH [] Remove Corner Location: [] Other D NEC [] NWC [] SEC [] SWC r QTY. HRS- DESCRIPTION: Mat erlall/Eq ulpment/La bo~ COST AMOUNT I' TOTAL HOURS J COMMENTS HI ~ E~ ~ETCH: ~ - CITY OF DELRAY BEACH PUBLIC WORKS DEPARTMENT WORK ORDER INSTALLATION: Date: i]2 r,¢ _ ¢:[~' Time: -7~'©© ~ [] New Issued by: (Dept.) [] Re01ace Name/Phone: tn Repair/Reset Signature: [] Relocate Roadside location: i-1 NS [] SS [] ES [] WS PRIORITY: [] LOW [] MEDIUM [2 HIGH [] Remove Comer Location: [] Other [] NEC [] NWC [] SEC [] SWC o-rY. HRS. DESCRIPTION: Matedals/Equlpment/Labor I COST AMOUNT ,. , ...l,:_ '~"' ...... I , TOTAL HOUR~S COMMENTS_ HI I ENG SKETCH: AGENDA ITEM NUMBER: E'./'F/. 3. AGENDA REQUEST Request to be placed on: Date: September 17, 1999 XX Consent Agenda Special Agenda ~ Workshop Agenda When: September 21, 1999 Description of agenda item: Purchase of AFIX Tracker (Automatic Fingerprinting Identification) System. from the Lynn Pevey Company for a total purchase of $24,476.00. Lynn Pevey is the exclusive distributor of the AFIX System Nationwide. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Purchase Award from Lynn Pevey Company for a total cost of $24,476.. The funding for this system is being taken from a Bureau of Justice Assistance Block Grant, specifically Block Grant 1997. The $24,476 is coming from account 115-2114-521-64.11, project number 98045. Department Head Signature: J~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Jll/~ ~[Fti~'] No Funding alternatives: (if applicable) Account Number: ~\~ ~11~"~_ (/L~ ,[ ~ Account Description: ~~ City Manager Review: Approved for agenda: ~~,~/"~'i~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P.O.# POLICE DEPARTMENT MEMORANDUM DATE: September 17, 1999 TO: David Harden, City Manager FROM: David Junghans, Administrative Services Dire o~,g?.~.__~ SUBJECT: Afix Tracker (Automated Fingerprint Identification S~)stech) Recommend award to Lynn Peavey Company for the purchase of an Afix Tracker (Automated Fingerprint Identification System) for the total amount of $24,476.00. This vendor is sole source for this product per attached memo dated September 16, 1999. Funding will be taken from Bureau of Justice Assistance Block Grant, Account Number 115-2114-521-64.11, Project Number 98-045. This Block Grant expires September 30, 1999. If the monies are not obligated by that date, the balance in the account will be returned to the Bureau of Justice Assistance (See attached FY2000-1nvestigative Division Budget Worksheet). Should you require any additional information, please do not hesitate to contact me at Ext. 7852. Thank you. Attachments FY 2000 INVESTIGATIVE DIVISION BUDGET WORKSHEET OPERATING EXPENSES ITEM: AFIX TRACKER SYSTEM JUSTIFICATION: The AFIX TRACKER is a full-featured automated f'mgerprint identification system that runs in Windows 95, Windows 98 or Windows NT on a Pentium II personal computer. It is designed to give medium sized law enforcement agencies a powerful and affordable crime solving tool that augments state and federal AFIS systems, while providing those agencies the advantages of their own locally developed fingerprint database. AFIX TRACKER actually reads fingerprints and then is able to search for other fingerprints in the database that have matching characteristics. AFIX TRACKER reads ten prints and latents after they have been scanned into the system. It assigns both NC[C and Henry classifications. Then it stores the fingerprint, the map of their minutia patterns, and any pertinent case information. Possession of this system would enable crime scene to routinely scan recovered latents into the database and then search the entire Delmy Beach database for fingerprint matches. This would not only significantly reduce the time spent in visual latent print searches but also would be more thorough and inevitably result in more perpetrator identifications. Most Delray Beach crimes are committed by persons already in our database so it would also reduce our dependence on assistance fi.om AFIS equipped agencies. AFIX TRACKER purchase price (includes the following) ....................... $24,476.00 1. AFIX TRACKER SOFTWARE. 2. AFIX TRACKER 3 YEAR PREMIUM SUPPORT PLAN. 3. DELL DIMENSION XPS R MINI TOWER COMPUTER SYSTEM. 4. UMAX ASTRA 1220U FLATBED SCANNER. 5. EPSON STYLUS COLOR 640 INK. lET PRINTER_ 6. IOMEGA JAZ 2GB REMOVABLE HARD DRIVE. 7. IOMEGA JAZ JET ULTRA SCSI PCI CARD. AFIX TRACKER may also be funded through three lease programs with optional support plans available. 1. [.EASE- Month to month ...... (annual cost) ........................... $I 1,600.00 2. LEASE- 36.months ............. (total cost) .............................. 34,400.00 3. LEASE- 36- months, pre-paid ........................................... 29,000.00 Optional lease annual technical support plans: 1. PREMIUM SUPPORT PLAN ........................................... $ 495.00 2. PREMIUM SUPPORT PLUS PLAN ................................... 1,295.00 3. SOFTWARE UPDATE/UPGRADE PI.AN ........................... 950.00 4. PAY PER CALL...(per minute credit card charges) .................. 3.50 It is recommended that the AFIX TRACKER system be funded in the FY 2000 budget. NOTE: A demonstration video is available in crime scene. SEP 16 'gg O~:i?PM PEAVEY CORPORATION P.1 LYNN PEAVEY COMIMINY INNOVA TIONS FOR I_AW ENFORCEMENT AND LABORATORIES September 16, 1999 Sgt. Tustin DelRay Beach Police Dept. 300 W. Atlantic Ave. DelRay Beach, FL 33444 Dear Sgt. Tusfin: This letter is to inform you that The Lynn Peavey Corporation is the "sob source", United States distributor for the Afix Tracker automated fingerprint identification system. Please feel free to call me at 800-255-6499, ext, 620 if you have further questions or need additional information. Lynn Peavey Corporation A D/vision of The Peavey Corporation 14865 WEST IO~TH STREET · LENEXA, KANSAS 66215-2007 · 913.888.0600 · 800-255~6499 .FAX 913-888-1066 MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: ~ ROBERT A. BARCINSICI, ASSISTANT CITY MANAGER SUBJECT: AGENDA ITEM # -REGULAR MEETING OF SEPTEMBER 21, 1999 MANAGEMENT AGREEMENTS/GOLF COURSES AND TENNIS CENTER DATE: SEPTEMBER 16, 1999 The current agreement with BJCE, Inc. d/b/a Dubin and Associates for management services for the golf courses and tennis center expires on September 30, 1999. Besides separating the tennis center agreement from the golf courses, other major changes include changes in termination provisions, the addition of a provision for a severance payment, removing Exhibit "B", "Goals and Objectives", for a bonus payment from the contract, basing the bonus on an annual letter agreement approved by the City Manager and City Commission so that amendments do not have to be made yearly, minor changes to insurance provisions and additions to the services to be provided. My intent was to have these agreements reviewed by the City Commission at the September 14th workshop. With the cancellation of that meeting due to Hurricane Floyd, I am recommending that the agreements be placed on the September 21st City Commission agenda for formal approval. If the Mayor or City Commissioners have any comments or questions, both Mr. Dubin and I will be present at the meeting to address same. Approval of the management contracts is recommended, subject to any changes which may be made by the City Commission. Ref:Agrnemol.Mgrnt.Agmts.BJCE [lTV I)F I]ELRI:IV BEI:I[H CiTY ATTORNEY'S OFFICE ~°° ~TM^v,m~,. ~,~i~,,^¥ ,,~^~., ~,~o,~,,~,, ~,~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali.America City MEMORANDUM September 17, 1999 ~993 TO: Alison MacGregor Harty, City Clerk ~ FROM: Jay T. Jambeck, Assistant City Attomey~ SUBJECT: Tennis Center and Golf Course Management agreements. Attached are the f'mal versions of the above-referenced agreements that reflect the changes requested by Dubin's attorney. Thank you. Let me know if you have any questions. Attachment MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT THIS AGREEMENT ("The Agreement") is made this ~ day of , 1999 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City"), and BJCE, INC., a Florida corporation, d/b/a Dubin & Associates (hereinafter called "Dubin'). WITNESSETH: WHEREAS, the parties entered into a management agreement dated November 1, 1994 to provide for management services at the Delray Beach Municipal Golf Course and have amended that agreement to also provide for management services to the Lakeview Golf Course; and WHEREAS, the management agreement and its amendments thereto are scheduled to expire on September 30, 1999; and WHEREAS, the City has determined it is in the public interest to renew the management agreement and that all prior management agreements shall no longer be effective. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and the recitals are hereby incorporated as if fully set forth in this Agreement. 2. Agreement to Perform Services. City agrees to retain Dubin to render certain professional services (hereinafter the "Services") and to pay for the performance of such Services on and under the conditions which are set forth in this Agreement, and Dubin agrees to perform such Services to the reasonable satisfaction of the City and to accept full payment as is set forth in this Agreement. 3. Services. The services shall generally consist of those services more particularly set forth in exhibit "A" which is attached hereto and incorporated as if fully set forth herein. 4. Term of Agreement. This agreement will commence on October 1, 1999 and terminate on September 30, 2004. 5. Termination. This agreement may be terminated by Dubin with or without cause by giving the City ninety (90) days written notice in advance of the date of termination. Upon termination of this Agreement, the City shall remit, after review and approval of all receipts and itemizations, any outstanding reimburseables incurred by Dubin prior to termination of the agreement. This Agreement may be terminated by the City with or without cause. (a) For cause. If cause exists to terminate the agreement, the City shall send written notice to Dubin that such cause exists. The City's written notice shall clearly identify the condition that requires correction, and shall provide Dubin with a reasonably sufficient amount of time, taking into account the particular corrective action required, for initiation and completion of the corrective action. If such condition is corrected within the amount of time provided in the City's notice, then this agreement shall remain in effect. If such condition is not corrected within the time provided in the notice, then this agreement may be terminated by the City in its sole discretion. Upon termination of this agreement, Dubin shall remit to the City a pro- rata share of the payment received for services based on the number of days prior to the beginning of the month that the agreement is terminated. The City shall remit, after review and approval of all receipts and itemizations, any outstanding reimburseables incurred by Dubin prior to termination of the agreement. (b) Without cause. The City may terminate this agreement without cause after giving Dubin thirty (30) days written notice. Upon termination of this agreement, Dubin shall be paid the per month base payment amount, appropriate for the year in which the notice was given, for six (6) months subsequent to the termination of this agreement, as compensation for severance. The City shall make the severance payments to Dubin on the first of each month, beginning with the month immediately following the date of termination of this agreement, regardless of the date upon which 2 this agreement was terminated. The City shall remit, after review and approval of all receipts and itemizations, any outstanding reimbursables incurred by Dubin prior to termination of the agreement. 6. Base Payment. The City shall pay Dubin for the performance of Services at a base monthly rate payable at the first of the month as follows: October 1999 through September 2000:$10,995 per month October 2000 through September 2001:$11,325 per month October 2001 through September 2002:$11,665 per month October 2002 through September 2003:$12,000 per month October 2003 through September 2004:$12,350 per month 7. Reimburseables. The City shall accept and pay the actual cost of reimburseables as follows: (a) Payroll costs for Dubin's employees who are working full-time or part-time at the Delray Beach Golf Club and Lakeview Golf Club. The payment of such payroll costs is subject to the City Manager's, or his designee's prior approval, and only such approved costs shall be paid; (b) All insurance premiums as required under paragraph 14 of this agreement; (c) Pre-approved travel expenses; (d) Mileage at the current City rate per mile; (e) Telephone, mail, facsimile and pre-approved miscellaneous out-of-pocket expenses. Dubin shall itemize all expenses and submit receipts to show proof thereof. Such expenses shall be billed by Dubin at cost on a monthly basis. 8. Availability of Consultant. During the term of this Agreement, Dubin shall make himself available to perform the Services as may be required to accomplish the Services in the manner required by this Agreement. Dubin shall be available for consultation during the hours normally worked by City's employees unless otherwise agreed between City and 3 Dubin, and in special circumstances. Dubin shall also be available to City during evening meeting hours and other reasonable times when required by City. 9. Performance Bonus. In addition to the base payment, Dubin shall be eligible to receive a yearly fixed bonus payment on or before December 1st of each year. The performance bonus shall be contingent upon accomplishing specific yearly goals and objectives as agreed to by Dubin and the City Manager in writing and approved by the City Commission. The goals and objectives shah be established on a yearly basis by October 1 of the year preceding the year in which the bonus is to be paid. In any event, the standard aggregate bonus paid to Dubin in any one year shall not exceed 15% of the base fee. 10. Licensed or Registered Personnel. All services to be rendered by Dubin under this Agreement, which are required by law to be performed by or under the direction of a duly licensed or registered professional, shall be rendered in compliance with such requirements. 11. Designated Representative. All of Dubin's recommendations, reports and certifications are to be routed through the City Manager or his designee. 12. Performance. During the term of this Agreement, Dubin shall, to the best of his ability, design, inform, suggest, advise and render all services that might be requested by City or which may be appropriate in respect to the Services on a timely basis, as required by City to meet project timetable needs. City shall have the right to make use of same in its business at any time as it may desire without further payment to Dubin, other than that specifically stated herein. All reports and other documents furnished by Dubin in the course of or as a result of performing the Services shall be the property of City and may be used by City for any purpose whatsoever. 13. Confidentiality. In the performance of the Services, Dubin may be exposed to the confidential information of City and others. Dubin shall not disclose to anyone not employed by City nor use, except on behalf of City, any such confidential information acquired by him the performance of the Services except as authorized by City in writing. Regardless of the term of this Agreement, Dubin shall be bound by this obligation until such 4 time as said confidential information shall become part of the public domain. Information regarding all aspects of City's business and information concerning the Services (either directly or indirectly disclosed to him or developed by him in the performance of the Services) shall be presumed to be confidential except to the extent that same shall have been published or otherwise made freely available to the general public without restriction. Dubin also agrees that he will not disclose to City any information he holds subject to any obligation of confidence to any third parties. 14. Insurance. Dubin shall provide the City with insurance certificates showing the following minimum insurance coverages, which coverage shall be maintained throughout the term of this Agreement. A. Worker's Compensation. Coverage to apply for all employees for Statutory Limits in compliance with the applicable state and federal laws. In addition, the policy must include the following: 1. Employers' Liability with a limit of $500,000 each accident. 2. Notice of Cancellation and/or Restrictions. The policy must be endorsed to provide the City with thirty (30) days written notice of cancellation and/or restriction. B. Comprehensive General Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Service Office and must include: 1. Minimum Limits of total coverage shall be $5,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, the basic policy to be in said form with any excess coverage (and the carrier) to meet the $5,000,000 minimum to be acceptable to the City. 2. Premises and/or Operations, including restaurant liability and liquor liability. 3. Independent Contractors. 4. Products and/or Completed Operations. Dubin shall maintain in force until at least three (3) years after completion of all services required under the License, coverage for products and completed operations, including Broad Form Property Damage. 5 5. XCU Coverages. 6. Broad Form Property Damage including Completed Operations. 7. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 8. Personal injury coverage with employee and contractual exclusions removed. 9. The City is to be specifically included as an additional insured (including products). 10. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days written notice of cancellation and/or restriction. 11. A Best Rating of no less than B + 12 is required for any carriers providing coverage required under the terms of this License Agreement. 15. Limited Waiver of Subrogation Rights. The City hereby waives any and all right to assert a claim or cause of action against Dubin for any damage to the City's real or personal property, or both, that occurs at either Lakeview Golf Course or Delray Beach Municipal Golf Course that occurs as a result of the acts or omissions of Dubin, his agents, assigns, contractors, subcontractors or employees or by any other reason whatsoever. 16. Purchase. All purchases of equipment or supplies for the operation of the golf course shall be made by the City's Purchasing Department. 17. Use of the Golf Course. Employees of Dubin may enjoy the use of the golf course at no cost, so long as it is in accordance with policies to be approved by the City Manager. In addition, at their discretion, Dubin may allow up to 50 complimentary rounds of golf, including cart charges per calendar month; however, in no event may such complimentary round, or cart charges be made available to City employees or officials. 18. Alcoholic Beverage License. The parties agree that City will pay all costs, fees and expenses associated with maintaining the alcoholic beverage licenses. At the time of the termination of the Management Agreement, Dubin shall transfer the alcoholic beverage license to the City. The cost for the transfer of the alcoholic beverage license shall be Paid for by City. 6 City will be responsible for the remittance of sales taxes on a monthly basis to the State of Florida, including all late fees and penalties, which the State of Florida may assess with respect to the alcoholic beverage license. Dubin shall ensure that all federal, state and local laws relating to the use of the alcoholic beverage license are complied with. 19. Successors and Assigns. Dubin shall not assign or transfer its interest in this Agreement without the prior written consent of City. The foregoing notwithstanding, this Agreement shall be binding upon and inure to the benefit of each party's successors and assigns. 20. Notices. All notices required or desired to be given under this Agreement shall be in writing and delivered in person or transmitted certified mail, return receipt requested, postage prepaid addressed to the party to be noticed, and shall be deemed to have been delivered three (3) days after deposit in a post office or letter box in the above manner. NOTICES TO BE GIVEN TO CITY SHALL BE ADDRESSED AS FOLLOWS: City of Delray Beach 100 N.W. 1st Avenue Defray Beach, FL $34~.~. NOTICES TO BE GIVEN TO DUBIN SHALL BE ADDRESSED AS FOLLOWS: BJCE, Inc. 2200 Highland Drive Delray Beach, Florida 33445 21. Independent contractor. Dubin and his employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of the Agreement. This Agreement shall in no way be construed as creating a partnership, association or any other kind of joint venture or undertaking between the parties hereto. 22. Indemnification. Dubin agrees to indemnify, defend and hold the City, its officers, agents, employees and assigns, harmless from any loss, damage, liability, negligence, cause of action, or claim, excluding any damage occurring to the City's real or personal property, arising from the negligent, reckless, intentional or malicious acts or omissions of his employees, agents, volunteers and assigns and from the operations of the Delray Beach Golf Club and Lakeview Golf Club. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 25. Amendments. This Agreement may not be amended, modi~'~ed, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 26. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 27. Venue. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~ day of ,1999. THE CITY OF DELRAY BEACH, ATTEST: a Florida Municipal Corporation By: City Clerk Jay Alperin, Mayor Approved as to form: City Attorney BJCE, INC., d/b/a Dubin & Associates, a Florida Corporation By: Name Printed: Title: (SEt,L) STATE OF FLORIDA ) ) SS: COUNTY OR PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 1999 by (name of officer or agent, title of officer or agem) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. 9 He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Notary Public (OFFICIAL NOTARIAL SEAL) State and County Aforesaid My Commission Expires: 10 EXHIBIT "A" The scope of the Services will include but will not be limited to the following: 1. Supervise and direct the general operations of golf courses owned by the City. 2. Oversee all administration of all golf course operations, assuring that proper accounting systems are in place. 3. Perform an on-going review of total operational costs by department. 4. Insure that adequate Internal Control systems are in place in all areas of the operations. 5. Perform monthly reviews of the financial statements and provide monthly revenue repons in the format prescribed to by the City. 6. Prepare operational and capital budgets for review and approval by the City Manager. 7. Review and assist in the planning of all marketing and promotional programs. 8. Approve all expenditures before they are submitted for payment to the City and insure expenditures are made in compliance with the City purchasing policies. 9. Assure that the highest standards of general maintenance are maintained, subject to the annual budget allocated to Golf Course maintenance. 10. Provide monthly course maintenance and utilization repons in a format as required by the City. 11. Dubin shall hire and employ all personnel necessary to maintain and operate the golf course and restaurant. Dubin will have full authority over the hiring and firing of all personnel. 12. Dubin shall operate and maintain the restaurant operation in accordance with all federal, state and local government laws and regulations, including health department regulations and state liquor board regulations. 13. Dubin shall operate a full service restaurant in accordance with the terms and conditions of the alcohol beverage license. 14. Dubin shall make recommendations and assist the City in planning and implementing capital improvements for the Golf Courses. 15. Dubin shall ensure that all buildings, other structures, equipment and irrigation systems related to the Golf Courses are maintained and repaired to City standards. TENNIS CENTER MANAGEMENT AGREEMENT THIS AGREEMENT ("The Agreement") is made this ~ day of , 199__ by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City"), DUBIN & ASSOCIATES, INC. (hereinafter called "Dubin"). WITNESSETH: WHEREAS, the parties entered into an amendment dated May 22, 1996 to a management agreement dated November 1, 1994, to provide for management services at the Delray Beach Municipal Tennis Center (" Tennis Center"); and WHEREAS, the management agreement and its amendments thereto are scheduled to expire on September 30, 1999; and WHEREAS, the City has determined it is in the public interest to renew the management agreement and that all prior management agreements shall no longer be effective. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and the recitals are hereby incorporated as if fully set forth in this Agreement. 2. Agreement to perform work. City agrees to retain Dubin to render certain professional services (hereinafter the "Services") and to pay for the performance of such work on and under the conditions which are set forth in this Agreement, and Dubin agrees to perform such Services to the reasonable satisfaction of the City and to accept full payment as is set forth in this Agreement. 3. Services. The services shall generally consist of those services more particularly set forth in exhibit "A" which is attached hereto and incorporated as if fully set forth herein. 4. Term of Agreement. This agreement will commence on October 1, 1999 and terminate on September 30, 2004. 5. Termination. This agreement may be terminated by Dubin with or without cause by giving the City ninety (90) days written notice in advance of the date of termination. Upon termination of this Agreement, the City shall remit, after review and approval of all receipts and itemizations, any outstanding reimburseables incurred by Dubin prior to termination of the agreement. This Agreement may be terminated by the City with or without cause. (a) For cause. If cause exists to terminate the agreement, the City shall send written notice to Dubin that such cause exists. The City's written notice shall clearly identify the condition that requires correction, and shall provide Dubin with a reasonably sufficient amount of time, taking into account the particular corrective action required, for initiation and completion of the corrective action. If such condition is corrected within the amount of time provided in the City's notice, then this agreement shall remain in effect. If such condition is not corrected within the time provided in the notice, then this agreement may be terminated by the City in its sole discretion. Upon termination of this agreement, Dubin shall remit to the City a pro- rata share of the payment received for services based on the number of days prior to the beginning of the month that the agreement is terminated. The City shall remit, after review and approval of all receipts and itemizations, any outstanding reimburseables incurred by Dubin prior to termination of the agreement. (b) Without cause. The City may terminate this agreement without cause after giving Dubin thirty (30) days written notice. Upon termination of this agreement, Dubin shall be paid the per month base payment amount, appropriate for the year in which the notice was given, for six (6) months subsequent to the termination of this agreement, as compensation for severance. The City shall make the severance payments to Dubin on the first of each month, beginning with the month immediately following the date of termination of this agreement, regardless of the date upon which this agreement was terminated. The City shall remit, after review and approval of all receipts and itemizations, any outstanding reimbursables incurred by Dubin prior to termination of the agreement. 6. Base Payment. The City shall pay Dubin for the performance of work at a base monthly rate payable at the f~rst of the month as follows: 2 October 1999 through September 2002:$2,000 per month October 2002 through September 2004:$2,500 per month 7. Reimburseables. The City shall accept and pay the actual cost of reimburseables as follows: (a) Payroll costs for Dubin's employees who are working full-time or part-time at the Delray Beach Tennis Center. The payment of such payroll costs is subject to the City Manager's, or his designee's prior approval, and only such approved costs shall be paid; (b) All insurance premiums as required under paragraph 14 of this agreement; (c) Pre-approved travel expenses; (d) Mileage at the current City rate per mile; (e) Telephone, mail, facsimile and pre-approved miscellaneous out-of-pocket expenses. Dubin shall itemize all expenses and submit receipts to show proof thereof. Such expenses shall be billed by Dubin at cost on a monthly basis. 8. Availability of Consultant. During the term of this Agreement, Dubin shall make himself available to perform the Services as may be required to accomplish the Services in the manner required by this Agreement. Dubin shall be available for consultation during t_he hours normally worked by City's employees unless otherwise agreed between City and Dubin, and in special circumstances. Dubin shall also be available to City during evening meeting hours and other reasonable times when required by City. 9. Performance Bonus. In addition to the base payment, Dubin shall be eligible to receive a yearly fixed bonus payment on or before December 1st of each year. The performance bonus shall be contingent upon accomplishing specific yearly goals and objectives as agreed to by Dubin and the City Manager in writing and approved by the City Commission. The goals and objectives shall be established on a yearly basis by October 1 of the year preceding the year in which the bonus is to be paid. In any event, the standard aggregate bonus paid to Dubin in any one year shall not exceed 15% of the base fee. 10. Licensed or Registered Personnel. All services to be rendered by Dubin under this Agreement, which are required by law to be performed by or under the direction of a duly licensed or registered professional, shall be rendered in compliance with such requirements. 11. Designated Representative. All of Dubin's recommendations, reports and certifications are to be routed through the City Manager or his designee. 12. Performance. During the term of this Agreement, Dubin shall, to the best of his ability, design, inform, suggest, advise and render all services that might be requested by City or which may be appropriate in respect to the Services on a timely basis, as required by City to meet project timetable needs. City shall have the right to make use of same in its business at any time as it may desire without further payment to Dubin, other than that specifically stated herein. All reports and other documents furnished by Dubin in the course of or as a result of performing the Services shall be the property of City and may be used by City for any purpose whatsoever. 13. Confidentiality. In the performance of the Services, Dubin may be exposed to the confidential information of City and others. Dubin shall not disclose to anyone not employed by City nor use, except on behalf of City, any such confidential information acquired by him the performance of the Services except as authorized by City in writing. Regardless of the term of this Agreement, Dubin shall be bound by this obligation until such time as said confidential information shall become part of the public domain. Information regarding all aspects of City's business and information concerning the Services (either directly or indirectly disclosed to him or developed by him in the performance of the Services) shall be presumed to be confidential except to the extent that same shall have been published or otherwise made freely available to the general public without restriction. Dubin also agrees that he will not disclose to City any information he holds subject to any obligation of confidence to any third parties. 14. Insurance. Dubin shall provide the City with insurance certificates showing the following minimum insurance coverages, which coverage shall be maintained throughout the term of this Agreement. A. Worker's Compensation. Coverage to apply for all employees for Statutory Limits in compliance with the applicable state and federal laws. In addition, the policy must include the following: 1. Employers' Liability with a limit of $500,000 each accident. 4 2. Notice of Cancellation and/or Restrictions. The policy must be endorsed to provide the City with thirty (30) days written notice of cancellation and/or restriction. B. Comprehensive General Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Service Office and must include: 1. Minimum Limits of total coverage shall be $5,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, the basic policy to be in said form with any excess coverage (and the carrier) to meet the $5,000,000 minimum to be acceptable to the City. 2. Premises and/or Operations, including liquor liability. 3. Independent Contractors. 4. Products and/or Completed Operations. Dubin shall maintain in force until at least three (3) years after completion of all services required under the License, coverage for products and completed operations, including Broad Form Property Damage. 5. XCU Coverages. 6. Broad Form Property Damage including Completed Operatations. 7. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 8. Personal injury coverage with employee and contractual exclusions removed. 9. The City is to be specifically included as an additional insured (including products). 10. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days written notice of cancellation and/or restriction. 11. A Best Rating of no less than B + 12 is required for any carriers providing coverage required under the terms of this License Agreement. 15. Limited Waiver of Subrogation Rights. The City hereby waives any and all right to assert a claim or cause of action against Dubin for any damage to the City's real or personal property, or both, that occurs at the Tennis Center that occurs as a result of the acts or omissions of Dubin, his agents, assigns, contractors, subcontractors or employees or by any other reason whatsoever. 16. Purchase. All purchases of equipment or supplies for the operation of the Tennis Center shall be made by the City's Purchasing Department. 17. Alcoholic Beverage License. The parties agree that City will pay all costs, fees and expenses associated with maintaining the alcoholic beverage licenses. At the time of the termination of the Management Agreement, Dubin shall transfer the alcoholic beverage license to the City. The cost for the transfer of the alcoholic beverage license shall be paid for by city. City will be responsible for the remittance of sales taxes on a monthly basis to the State of Florida, including all late fees and penalties, which the State of Florida may assess with respect to the alcoholic beverage license. Dubin shall ensure that all federal, state and local laws relating to the use of the alcoholic beverage license are complied with. 18. Successors and Assigns. Dubin shall not assign or transfer its interest in this Agreement without the prior written consent of City. The foregoing notwithstanding, this Agreement shall be binding upon and inure to the benefit of each party's successors and assigns. 19. Notices. All notices required or desired to be given under this Agreement shall be in writing and delivered in person or transmitted certified mail, return receipt requested, postage prepaid addressed to the party to be noticed, and shall be deemed to have been delivered three (3) days after deposit in a post office or letter box in the above manner. NOTICES TO BE GIVEN TO CITY SHALL BE ADDRESSED AS FOLLOWS: City of Delray Beach 100 N.W. 1s~ Avenue Delray Beach, FL 33444 NOTICES TO BE GIVEN TO DUBIN SHALL BE ADDRESSED AS FOLLOWS: Dubin & Associates, Inc. 2200 Highland Drive Delray Beach, Florida 33445 20. Independent contractor. Dubin and his employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of the Agreement. This Agreement shall in no way be construed as creating a partnership, association or any other kind of joint venture or undertaking between the parties hereto. 21. Indemnification. Dubin agrees to indemnify, defend and hold the City, its officers, agents, employees and assigns, harmless from any loss, damage, liability, negligence, cause of action, or claim, excluding any damage occurring to the City's real or personal property, arising from the negligent, reckless, intentional or malicious acts or omissions of his employees, agents, volunteers and assigns and from the operations of the Tennis Center. 22. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 23. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 24. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 25. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 26. Venue. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly 7 executed on their behalf this ~ day of ,1999. THE CITY OF DELRAY BEACH, ATTEST: a Florida Municipal Corporation By: City Clerk Jay Alperin, Mayor Approved as to form: City Attorney Dubin & Associates, Inc., a Florida Corporation By: Name Printed: Title: (SEAL) STATE OF FLORIDA ) ) SS: COUNTY OR PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 1999 by (name of officer or agent, title of officer or agem) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Notary Public (OFFICIAL NOTARIAL SEAL) State and County Aforesaid 8 My Commission Expires: EXHIBIT "A" The scope of the work will include but will not be limited to thc following: 1. Supervise and direct the general operations of thc tennis center owned by the City. 2. Oversee all administration of all tennis center operations, assuring that proper accounting systems are in place. 3. Perform an on-going review of total operational costs for the tennis center. 4. Insure that adequate internal control systems are in place in all areas of the operation. 5. Perform monthly reviews of the £mancial statements and provide monthly financial statements in the format prescribed to the City. 6. Prepare operating and capital improvement budgets. 7. Prepare, plan and implement all marketing and promotional programs, subject to current agreements between the City and third parties. 8. Approve all expenditures before they are submitted for payment to the City and ensure expenditures arc made in compliance with the City purchasing policies. 9. Assure that the highest standards of general maintenance are maintained, except for the landscape and landscape irrigation maintenance, subject to thc annual budget allocated to Tennis Center maintenance 10. Provide monthly tennis center maintenance reports. 11. Coordinate concert, special events, tennis tournaments (professional and amateur) and all other events with their promoters and special event coordinators. 12. Dubin shall hire and employ all personnel necessary to maintain and operate the tennis center. Dubin will have full authority over the hiring and fLring of all Dubin personnel. 13. Dubin shall operate and maintain the tennis center operation in accordance with all federal, state and local government laws and regulations, including health department regulations and state liquor board regulations. 14. Work closely with all civic groups, tennis patrons and afterschool programs. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE¢~ SUBJECT: AGENDA ITEM # ~'. ~ .- REGULAR MEETING OF SEPTEMBER 21, 1999 RESOLUTION NO. 59-99 (ACQUISITION OF WASHINGTON PROPERTY) DATE: SEPTEMBER 16, 1999 Resolution No. 59-99 authorizes the City to purchase certain property located at 108 N.W. 2"a Avenue from Tressie Washington for the purchase price of $123,500.00. The purpose of the acquisition is to provide land for additional tennis courts. Incorporated within the resolution are the terms and conditions of the contract for sale and purchase. The contract provides for closing to occur by October 25, 1999. The Seller and City have until October 5, 1999 to execute the contract. The City will pay all expenses of closing, except for documentary stamps and prorated taxes. Paragraph I, Expenses, of the Standards for Real Estate Transactions has been modified to include the payment by the City of relocation expenses in the amount of $4,500.00. Approval of Resolution No. 59-99 is recommended. Ref:Agrnemol 4.Res.59-99.Acqmsition.Washington Property RESOLUTION NO. 59-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF D~LRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SRLLER CERTAIN REAL PROPERTY IN PALM B]~_,ACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SRLI.ER AND THE CITY OF DF_J_,RAY BV~.ACH, FLORIDA. ~ HEREAS, the City of Dekay Beach, Florida, wishes to acquire certain property located at 108 N.W. 2nd Avenue, DeLray Beach, Florida, to provide for tennis courts; and ¥~HEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and ~'HEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Tressie Washington, as Seller, land to provide for tennis courts, for the purchase price of One Hundred Twenty-Three Thousand and Five Hundred Dollars ($123,500.00), and other good and valuable consideration; said parcel being more particularly described as follows: Lot 15, Block 43, Town of Deltay as recorded in Plat Book 1, Page 3 of the Pt~blic Records of Palm Beach County, Florida. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular sessmn on this~he 21 ;t ~ay o~eSeptember, 1999. ATTEST: - ' '/ Citycle~ ~ CONTRACT FOR SALE OF REAL PROPERTY The CITY OF DELRAY BEACH, a Florida municipal corporation ("City') (Buyer) and TRESSIE WASHINGTON (Seller) hereby agree to the sale of real property upon the following terms and conditions, including the standards for real estate transactions and addenda and exhibits hereto: I. CONVEYANCE BY SELLER: A. Seller shall convey by warranty deed to the City the following property: Lot 15, Block 43, Town of Delray as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida (The Property). II. PURCHASE PRICE: The City shall pay to Seller One Hundred Twenty-Three Thousand and Five Hundred Dollars ($123,500.00) upon closing. 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 October 5, 1999, the offer will, at the City's option, be withdrawn. The date of this contract (" Effective Date') will be the date when the last one of the Seller or Buyer has signed this offer. IV. TITLE EVIDENCE: At least seven (7) days before the closing date, the City, at the City's expense, shall obtain a title insurance commitment on the Property. V. CLOSING DATE: This transaction and the deeds and other papers shall be delivered prior to closing, with closing to occur no later than October 25, 1999, unless extended by other provisions of the contract, or by mutual agreement of parties. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: The City 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 and prorated taxes for year of closing and subsequent years; if any. VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all primed provisions of Contract in conflict with them. VIII. OCCUPANCY: The Property shall be unoccupied as of the date of closing. 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.. IX. DEMOLITION: The City shall have the right of egress and ingress over Lot 15, Block 43, Town of Delray, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, prior to closing for the purpose of evaluating the demolition of buildings thereon after closing and to make any other inspections it deems appropriate prior to closing. X. SPECIAL CLAUSES A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been lbund in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder (" Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. C. The soil, surface water, drainage requirements and runoff availability, geological conditions, and environmental state of the property being purchased must be acceptable to Buyer in Buyers' discretion. This shall be determined by test boring and other soil, geological and engineering studies, which may be conducted by Buyer at Buyers' expense within the time permitted for delivery of evidence of title herein. Notice of the results of such testing shall be furnished to Seller. During the term of this Contract, the Buyer, or Buyers' employees, agents, representatives, or assigns, shall have full and complete right to enter upon the property for the purpose of making any and all inspections, tests and studies of the property. In the event said conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the rights to cancel this Agreement and receive a refund of all deposit monies paid hereunder. ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPHS J AND M: The parties hereby agree that the time periods for the inspections referred to in Standard D and Standard N shall be modified to be made within seven (7) days from the effective date of this Contract. In addition to the rights provided to Buyer in Standard J and Standard M, if, for any reason, the Buyer is not satisfied with the results of such inspections, Buyer shall have the right to notify Seller in writing of Buyer's election to terminate this Contract within said seven-day inspection period and receive the return of all deposits made hereunder. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to City, upon recording of the deed to City an owner's policy of title insurance in the amount of the purchase price, insuring City's title to the real property the City is to receive under this agreement. The City shall pay for the title insurance on the property. AIl title insurance shall be subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged at or before closing. Buyer shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged 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, each party shall notify the other in writing specifying defect(s). If the defect(s) render title unmarketable to any property being conveyed hereunder, the party who owns the property shall have sixty (60) days from receipt of notice within which to remove the defect(s), failing which the other party shall have the option of either accepting the title as it then is or cancelling the contract; thereupon each party shall release one another of all further obligations under the agreement. If title is found unmarketable the responsible party shall, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: City, at City's expense, within time allowed to deliver evidence of title and to examine same, shall have the real property it is to receive and the real property it is to convey, surveyed and certified by a registered Florida surveyor. The survey shall be certified to the City. 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 Egress: The Seller warrants and represents that there is ingress and egress to the real property being exchanged sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: The Seller warrants there are no leases on the property. E. Liens: Each party shall furnish to each other 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 either party 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, the owner of property to be conveyed shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to owner'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 City. 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 to City, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. City shall furnish the closing statement(s). City shall prepare and furnish all deeds at its own expense and shall bear the costs of recording the same. I. Expenses: Documentary stamps on any or all deeds shall be paid by Seller. The Seller recognizes that the City cannot pay the documentary stamps as a matter of law. All other closing expenses will be borne by the City, except as may be provided herein or in Paragraph J below. The City shall pay relocation expenses in the amount of four thousand five hundred dollars ($4,500.00). J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. 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. 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 available, 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 the City or the Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. If the Seller is required to pay ad valorem taxes on or before the selling date, the Seller shall establish an escrow fund with the County Tax Collector pursuant to Florida Statutes Section 196.295 and shall pay into said escrow the Seller's pro rata portion of ad valorem taxes for the year of closing as determined by the Tax Collector. The Seller shall pay its prorated share of taxes for the year of closing and shall pay outstanding taxes for previous years. 5 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 the party who owns the property prior to closing. L. 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. 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 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 ite~ns previously delivered out of escrow. M. No Brokers: Each party warrants that no brokers or real estate agents were involved in this transaction and no fees are due to a broker or agent for the exchange and sale of the property governed by this agreement. N. FIRPTA: Each party warrants to each other that neither party is a "foreign person" as defined by the Federal Foreign Investment in Real Property Tax Act (the "Act"). At closing, each party shall execute and deliver into each other a "non-foreign certificate" as required by the Act. Failure to execute the certificate shall subject the party failing to execute and deliver the certificate if required by law to the penalties imposed by law. O. Failure of Performance: If either party fails to perform this Contract within the time specified, each party shall be relieved of all obligations under Contract if both parties consent; or either party may Proceed in law or equity to enforce its rights under this Contract. 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: Each party shall convey the property to each other by way of statutory warranty deed subject to any 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 either party 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 to be bound by it. S. Warranties: Each party warrants that there are no facts known to either party materially affecting the value of the real property which are not readily observable by either party or which have not been disclosed. T. NOTICES: All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service or Federal Express, or alternatively shall be sent by United States certified mail, with return receipt requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier service or Federal Express, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non- deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: Buyer: City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: David Harden, City Manager With a copy to: Susan A. Ruby, Esq., City Attorney 200 N.W. 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7091 Fax: (561) 278-4755 Seller: Tessie Washington 108 N.W. 2"~ Avenue Delray Beach, Florida 33444 With a copy to: Jeff Tomberg, Esq. 626 S.E. 4~ Street Boynton Beach, Florida 33435 Phone: Fax: 7 Any party may from time to time change the address to which notice under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties. U. ASSIGNMENT: Neither party shall assign this Agreement or any interest herein without the prior written consent of the other party. V. DEFAULT: In the event either party fails or refuses to perform any term, covenant, or condition of this Agreement, either party shall, in addition to any other remedies provided at law or in equity, have the right of specific performance thereof. W. GOVERNING LAW & VENUE: This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida. Venue in any action suit or proceeding in connection with this Agreement shall be in Palm Beach County, Florida. X. TIME OF ESSENCE: Time is of the essence with respect to the performance of each and every provision of this Agreement where a time is specified for performance. y. EFFECTIVE DATE OF AGREEMENT: This Agreement is expressly contingent upon the approval of the City Commission of the City of Delray Beach. Z. HEADINGS: The paragraph headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement, and are not to be considered in interpreting this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names, on the dates set forth below. BUYER: SELLER: City of Delray Beach, Florida By: By: Jay Alperin, Mayor Print Name: ATTEST: Social Security or Tax I.D. No.: City Clerk 8 Approved as to Form: City Attorney STATE OF FLORIDA ,- COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of , 1999 by , who is personally known to me or who has produced as identification. Signature of Notary Public- State of Florida 9 THRU: DIANE DOMINGUEZ, PLANNING DIRECTOR FROM: JANET MEEKS, SENIOR PLANNER ~. SUBJECT: MEETING OF SEPTEMBER 21, 1999 *CONSENT AGENDA* APPROVAL OF AN IN -LIEU PARKING FEE FOR ACCENTS AND DI~COR ICE CREAM LOCATED AT NORTHWEST CORNER OF EAST ATLANTIC AVENUE AND PINEAPPLE GROVE WAY (A/K/A NE 2ND AVENUE). At its meeting of August 25, 1999, the Site Plan Review and Appearance Board approved a site plan modification to Accents and D~cor (home-furnishing store) to allow the addition of a 1,200 sq. ft. ice cream shop along the west side of the building. The approval also included the reconfiguration of the existing parking lot. A condition of that approval was the payment of an in-lieu fee for one (1) parking space. The existing parking lot for Accents & D~cor contains 14 spaces, which are situated along the west and north sides of the building. Those spaces are counted toward meeting the requirement for the existing building, and must be maintained. The proposed 1,200 square foot addition is being built over a portion of that parking lot. At a rate of 1 space per 300 sq. feet, the addition generates a requirement for 4 more spaces, or a total of 18 spaces. The CBD regulations allow a one-time reduction of one parking space associated with the creation of new floor area, reducing the requirement to 17 spaces. The parking lot is being reconfigured and will accommodate 16 parking spaces. The applicant has requested approval to pay an in-lieu parking fee of $12,000 for the remaining required space. At its meeting of July 27, 1999, the Parking Management Advisory Board reviewed the in-lieu parking fee request for Accent and D~cor Ice Cream, and recommended approval of the in- lieu fee for 1 parking space. By motion, approve the in-lieu parking fee ($12,000) for one space for Accents and Dbcor. Attachment: Site Plan City Commission:Accents&Decor rlTY OF I)ELAI:IY BEI:I£H · l-J~l~13aC~t~ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 561/2,13-7000 TO: David T. Harden 993 City Manager FROM: I~Robert A. Barcinski Assistant City Manager DATE: September 15, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 21, 1999 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for October 21, 1999 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6 (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub and Railroad Drive from Atlantic to N.E. 1st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. BACKGROUND Attached is a request for approval and City assistance for this event from MarjorieFerrer. The estimated overtime cost for this event is $7,500. City Commission capped the amount the City would pay for overtime at $7,500 for the lastfive (5) events. Actual overtime costs for May's event were $6,059. A copy of the certificate of insurance and hold harmless agreement are attached. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $7,500 for overtime costs with any difference to be paid by the Joint Venture. RAB/tas cc: Lt. Geoff Williams Joe Weldon Hoyt Owens File:u:sweeney/agenda Doc:O91599a THE EFFORT ALWAYS MATTERS aflonflc September 1 1999 c/~... Mr. Ro~ City of ~ 00 ~.W. Delmy Bea~, FL 3~44 RE: AGENDA ITEM- FOR CI~ COMMIS$10N MEETING SPECIAL EVENT REQUEST - ART & J~ ON THE AVENUE Dear Mr. Barcinski: City Commission is requested to endorse the A~ & Ja~ on the Avenue event s~eduled for Thursday, October 21, 1999 and to grant a tem~m~ use permit per LDR'S se~ion 2.4.6(H) for use of City prope~y and right of way. We are requesting street closure on Atlantic Avenue from: o Swinton Avenue to 7~ Avenue o South side of Atlantic Avenue from 7a to just past the Blue An~or Pub o Railroad Way from Atlantic Avenue to N.E. 1 ~ Street Closure will be from 6:00 p.m. to 11:00 p.m. We am requesting that the City provide staff suppo~ for barri~de setup and removal, trash removal and clean up, police security for traffic ~ntml and monitoring the FEC railway ~ossing, stage use setup and removal, and banners and signage setup and removal. The City suppo~ of this event, with no ~arge to the Joint Venture, is ~cial to our su~ss. Your ~nsidemtion and cooperation is ve~ much appreciated. Sin~rely, M~RJORIfi FfiRRER ~owntown Coordinator DELRAY BEACH JOINT VENTURE * Community Redevelopment Agency · Delray Beach Chamber of Commerence - Downtown Development Authority 64 SE. Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-278-0424 · Fax: 561-278-0555 avenue SFECIAL EVENT HOLD HARMLESS AGREEMENT ~--ne Downtown Oeirav Beach Joint Venture in ~nsidemfion of the payment of ten (1 O) (Name of Endty) dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the City of Detray Beach, its agents and employees from all suits, actions and cJaJrns including ~ttorney's fees and costs attendant to any claim, litigation, adminis~'afive proceeding, n. ppeaJ and judgment of every name and descdpdon brought against the City as a result of loss, damage or injury to person or property arising from anc~ in excZ'~ange for the Downtown Detrav Beach Joint Venture use of City f~dlities or (Name of Entity) property for the special event of AF~ and Jazz. ' and hereby releases the City of (Name of Entity) Deir~y Beach, ib~ agents and employees from all suits, actions and claims inc. Juding attorney's fees and c~s attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the spedai event of Art and Jazz: (Name-of Entity) ' T'nis [n~emnifi~on and Hold Harmiess and Defend Agreement is only [c [he extent of insurance maintained by the Downtown Dolt-ay Beach Joint Venture _--s covered under Sc=Vcsdaie Insurance Company Policy number CLS420116. ART AND JAZZ (Name of Special Event) ~ Witness Name (F~tease type or pnnt n.51[ne)// Title t._~-;'~/~ 99itness (Please ty~e or print name) ~"~'~::6 t. ~' ' " September 1, 1999 Mr. Jim Keeley Florida East Coast Railway 601 15th Street Wet Palm Beach, FL 33401 Dear Mr. Keeley: The Downtown Joint Venture will hold its Art and Jazz event in the City of Delray Beach on Thursday, October 21, 1999. This event closes off the street to vehicular traffic on Atlantic Avenue from Swinton Avenue to S.E. Third Avenue (by the Sun Trust Bank), and Railroad Way from N.E. 1,t Street South to the alley (behind Ocean City Lumb~r Company). This encompasses the area of the FEC railroad tracks. The street ~,ill be closed from 6:00 p.m. to 11:00 p.m. To ensure the safety of the public we are requesting that during this event the Florida East Coast Railway Company agree to slow down the train speed to 25 MPH over the Atlantic Avenue crossing from 6:00 p.m. to 11:00 p.m. Since you can no longer provide a representative from your Police & Special Services Department to be stationed at the railroad tracks, we are alerting our Police Department to station an officer at that crossing. We are also passing on the emergency number you gave us (800-342-1131-2302), if there is a problem. We would appreciate a confirmation of the above request to slow down the trains during this event. Please reply to Marjorie Ferrer, Downtown Coordinator, 64 S.E. 5th Avenue, Deiray Beach, FL 33483. MARJORIE FERRER /sk Robert A. Barcinski Chief Richard Overman Lt. Mark Davis, Police Department DELRAY BEACH JOINT VENTURE ° Community Redevelopment Agency · Delray Beach Chamber of Commerence · Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-278-0424 · Fax: 561-278-0555 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f~]//54 SUBJECT: AGENDA ITEM #~f::- REGULAR MEETING OF SEPTEMBER 21, 1999 FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZATIONS DATE: SEPTEMBER 17, 1999 Attached for your review is the recommended funding allocations for special events and charitable organizations for FY 2000. Approval is recommended, subject to any changes which the City Commission may wish to make. RefiAGMEMO10.Sp.Event & Charitable Funding. FY 2000 RECEIVED ~'-~i £1T¥ DF BELl:II:II/BERI:H DELRAY GEA£H CITY MANAGER AII-AllleI'JI~CJ~ 100 N.W,. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 561/243-7000 t 993 TO: David T. Harden, City Manager FROM: ~ Robert A. Barcinski, Assistant City Manager DATE: September 3, 1999 SUBJECT: Recommendations for Funding Special Events and Charitable Organizations FY00 A committee composed of Lula Butler, Doug Randolph and myself reviewed requests for funding for FY00 for special events and charitable and benevolent organizations. Our recommendations for funding are attached as exhibits "A" and "B". Requests for funding in each group exceeded funds available. A total of $93,860 in requests were received for special events with a total of $55,110 available. A total of 404,945.27 in requests were received for grants with a total of $188,520 available. The Committee did not recommend funding for any new projects. Additional comments are as follows: SPECIAL EVENTS 1. Roots Festival - We are recommending for the third year that overtime for police up to $7,000 be waived versus providing cash funding. 2. Fourth of July - Funding for the Fourth of July is provided as a part of the $40,000 budgeted for the Joint Venture in the Grant Budget. 3. Fotofusion - Funding is recommended at the same level due to fund availability. Proposed spending for FY00 is $10,000 more than last year's actual. Projected revenues without the City contribution are projected to be about $42,000 less. The THE EFFORT ALWAYS MATTERS ~.~. ,/7/ biggest reduction in revenues is sponsorship dollars i.e. 45,000 less from the Tourist Development Council and $35,000 less from Kodak. Funding has not been recommended for any new requests. Footnotes have been added which outline funding amounts each organization will receive from the Community Development Block Grant Program. As we did last year the funding for the Drug Abuse Foundation will come from a General Fund transfer from the Tennis Center. RAB/dr RANGEL/RAB Harden memo Special Events Funding FISCAl, YEAR 1999-00 EXHIBIT A SPECIAL EVENrrS Organization Requested FY Recommended FY 1999 Funding FY 1998 Funding 2000 FY 2000 Holiday Parade 3,000 3,000 3,000 3,000 Delray Beach Education Board 3,110 2,800 2,000 7,000 Fotofusion 50,000 10,000 10,000 6,000 Fourth of July Fireworks 0(,2) 0(,2) 0(2) 10,000 Joint Venture Christmas Tree 25,000 25,000 25,000 7,000 Martin Luther King Celebration 500 500 500 500 Project Grad Olympic Heights 250 0 0 0 Roots Festival 0(1 ) 0(,1) 0(1 ) 0(1) Safety Patrol Trips 1,500 1,500 1,500 1,000 Sister Cities Committee 2,500 2,500 3,500 2,500 Sunshine Tennis Cup 0 0 0 15,000 Old School Square First Night 8,000 6,000 5,000 5,000 Contingency 0 3,810 6,000 7,380 [ TOTAL J $93,860 1 $55,110 1 $56,500 J $64,380 (1) Committee recommends that no cash contribution be given, but recommends that the City absorb all police overtime for this event up to a maximum of $7,000 as in FY 99. (2) Funded from dollars allocated to the Joint Venture. GRANTS FISCAL YEAR 1999-00 EXHIBIT B Organization FY 2000 FY 2000 Amount FY 1999 FY 1998 FY 1997 Amount Recommend Funding Funding Funding Requested Aid to Victims of Domestic Assault (AVDA) 25,000 20,000 20,000 20,000 17,800 Alpha Time Child Center Palm Beach County 24,180 0 (1) 0 0 0 Alzheimer's Association Community Care 5,000 0 0 1,000 1,000 The AssociatiOn of Retarded Citizen (ARC) 5,000 3,000 3,000 3,000 3,000 Boy's & Girls Club of Palm Beach Co. 85,000 40,000 (2) 40,000 51,200 51,200 Carver Estates Youth Program 0 0 1,000 0 0 Community Child Care Center of Delray Beach 27,500 25,000 (3) 27,500 27,500 25,000 Deaf Service Center 8,000 7,000 7,000 7,000 6,000 Drug Abuse Foundation 20,000 0 (4) 0 20,000 32,530 EPOCH 20,000 20,000 20,000 0 0 Fdends of Sandoway House 40,000 28,000 25,000 0 0 The Haven 25,000 0 0 0 0 Hospice by the Sea 7,500 0 0 2,500 2,500 Mad Dads 53,250 0 (5) 0 0 0 Mae Volen Senior Center 5,000 0 1,000 3,500 3,000 School Distdct Palm Beach 58,515.27 30,000 County Child Care Program 23,800 26,640 28,000 Urban League 8,000 5,000 (6) 5,000 0 0 Wayside House 8,000 6,000 6,000 5,000 0 Contingency 0 4,520 4,450 0 0 TOTAL .[ $4.04,945.27 .[. ,$188,520 .[. $183,760 .{. $167,340 .[ ,I;170,030 (1) Funded $8,000 by CDBG (2) Funded $50,000 from CDBG (3) Funded $21,000 from CDBG (4) Funding to come from G.F. Transfer (5) Funding comes from CDBG $53,250 (6) Also receiving $12,000 from CDBG [lTV OF DELRRV BER[H DELRAY BEACH ~-.J~llte~l~C~l~ 100 N.W. 1st AVENUE * DELRAY BEACH, FLORIDA 33444 . 561/243-7000 1993 TO: David T. Harden .City Manager FROM: /)/~obert A. Barcinski Assistant City Manager DATE: September 16, 1999 SUBJECT: AGENDA CITY COMMISSION MEETING SEPTEMBER 21, 1999 REJECT BIDS - GOLF COURSE BRIDGE Action City Commission is requested to reject bid #99-44 to repair the main bridge at the Municipal Golf Course and authorize staff to redesign and re-bid the project. Background On September 2, 1999 two (2) bids were received to repair the main bridge at the Municipal Golf Course. The work to be performed was to re-stabilize the banks on the bridge approaches at the E-4 canal which included driving piles, install new guard rails, pressure inject cracks in the structure, patch spalls, and resurface. The original estimates for this work were between $35,000 - $40,000. The Iow bid received from CEM Enterprises was $87,000. The highest cost bid item was the sheet piling for bank stabilization. Other methods to stabilize the bank will be reviewed. Recommendation Staff recommends rejecting bid number 99-44 in the amount of $87,000 from GEM Enterprise and authorize staff to re-do the specifications and re-bid the project. RAB:tas File:u:sweeney/agenda Doc: golf course bid reject bids THE EFFORT ALWAYS MATTERS ?. ~-----~. RECEIVED SEP 1 6 1999 rlT¥ liF I{ELRIW PURCHASING DIVISION TO: Robert Barcinski, Asst. City Manager Jackie Rooney, Purchasing Supervisor~ FROM: SUBJECT: Bridge Project DATE: September 16, 1999 As you requested, I have contacted the two bidders who submitted a bid package for Bid #99-44 Delray Beach Bridge Restoration. Comments were as follows: Bill Morris, Vice President, CEM Enterprises Inc. D/B/A Sunshine Painting 407-884-9148 "Sheet piling was the biggest expense of this job, 40% of the cost." Bob Clemente, Estimator, M & J Construction 727-938-6478 "Sheet piling on this job is not cheap, It requires a crane for installation, the purchase of this sheet piling very expensive, and the labor to install is also very expense. Another option would be to use concrete panels, but this would be just as expensive." I have attached is a copy of the pricing page from each bidders bid package. If you have any questions, you can reach me at ext. 7163. Attachments BID (BID FORM) Proposal of M&J ~,orl~ C, orrolaf~ o)[~flelPd8 ~1~, (Con,actor) (Address) ~ d ' ' to ~sh ~d deliver all matefi~s ~d to do ~d peffo~ all work in accord~ce with ~e Con- ~act Docmen~ for the Project entitled: B~DGE NO. 935508 ~STO~TION CITY OF DELRAY BEACH PROJECT NO. BRIDGE NO. 935508 To: Purchasing Officer · City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will re- main open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. ITEM NO. DESCRIPTION UNIT UNIT PRICE 1. MOBILIZATION L.S. $ 'Z'Z. gOO, o o 2. BRIDGE PILE CRACK INJECTION AND SEALING L.S. $. '~ OOO , OO 3. CURB/CAP/BENT/REPAIRS L.S. $ ~ 5' OO , OO 4. INSTALLATION OF SHEET L.S. $ ~ [ ~ TO, 0 O PILE WALLS/BAG RIP RAP/ BACKFILLING . 5. MODIFICATIONS AND L.S. $ I 50 l q ,. 19 O INSTALLATIONS TO GUARDRAIL SYSTEM 6. SIGNAGE INSTALLATIONS L.S. $ "~ O O O .~ O O 7. MISCELLANEOUS REPAIRS L.S. $ -~ OO O o 00 NOTED ON DRAWINGS 8. DEMOBILIZATION L.S. $ ~ O O O . O O TOTAL EVALUATED BID BID ITEMS I THROUGH 8 TOTAL EVALUATED BID BID ITEMS 1 THROUGH 8 Doll~s Cents Page P 3 BID (BID FORM) ~ ~ . (Contractor) to ~sh ~d deliver fll matefi~s ~d to do ~d peffo~ all work in accordance wi~ ~e Con- tract Doc~en~ for ~e Project entitled: B~DGE NO. 935508 ~STO~TION CITY OF DELRAY BEACH PROJECT NO. BRIDGE NO. 935508 To: Purchasing Officer City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will re- main open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. ITEM NO. DESCRIPTION UNIT UNIT PRICE 1. MOBILIZATION L.S. $ 2. BRIDGE PILE CRACK INJECTION AND SEALING L.S. $ ~,, 3. CURB/CAP/BENT/REPAIRS L.S. $ 4. INSTALLATION OF SHEET L.S. $ PILE WALLS/BAG RIP RAP/ BACKFILLING 5. MODIFICATIONS AND L.S. $ INSTALLATIONS TO GUARDRAIL SYSTEM 6. SIGNAGE INSTALLATIONS L.S. $ 7. MISCELLANEOUS REPAIRS L.S. $ NOTED ON DRAWINGS 8. DEMOBILIZATION L.S. $ TOTAL EVALUATED BID BID ITEMS 1 THROUGH 8 (IN NUMBERS) TOTAL EV~UATED B~ BID I~MS 1 T~OUGH 8 Cents Page P 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM #~/¥ - REGULAR MEETING OF SEPTEMBER 21, 1999 CONTRACT AWARD/MURRAY LOGAN CONSTRUCTION (KNOWLES PARK BOAT RAMP REMOVAL AND REPLACEMENT PROJECT) DATE: SEPTEMBER 17, 1999 This is before the Commission to consider approval of a contract award in the amount of $87,010.00 to Murray Logan Construction, Inc., the second low bidder, for the construction of of the Knowles Park boat ramp removal and replacement project.. It is on the regular agenda because the recommendation is to award to the second low bidder as the lowest responsive bidder. The low bid came in at $81,610.00 from Jam-Rock, Inc. After review of the bids, it was staff's opinion that Jam-Rock's bid item amounts for the respective scops of work were unbalanced in comparison to the other bidders. In addition, their bid was technically non-responsive and the company has never constructed a ramp of this type as a general contractor. In view of these considerations, it is staff's recommendation that the contract be awarded to Murray Logan Construction, Inc. as the lowest responsive bidder in the amount of $87,010.00. Funding for this project is available from 334-4179-572-63.90 (General Construction Fund - Knowles Park) in the FY 2000 budget. I should point out that this project involves remedial action to correct the failure of the ramp construction completed last summer. As discussed in Mr. Hasko's memorandum, we are pursuing reimbursement from our design consultant for what staff feels is their share of the additional cost for the current project. However, due to time constraints with funding deadlines and to get the ramp back in use for our citizens, it is recommended that we proceed with the contract award at this time with the allocated funding. Recommend approval of the contract award to Murray Logan Construction, Inc. for the Knowles Park boat ramp removal and replacement project. RefiAgmemol4.Contract Award. Murray Logan Construction. Knowles Park Boat Ramp Agenda Item No. ?'.//. AGENDA REQUEST Date: September 15, 1999 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: September 21, 1999 Description of item (who, what, where, how much): Staff requests the City Commission reject the lowest bid and approve a construction contract with the second bidder, the lowest responsive bidder, Murray Logan Construction Inc., in the amount of $87,010.00, for the construction of the Knowles Park Boat Ramp Removal and Replacement project, (PN 96-61.1). Funding is available from the Knowles Park account No. 334-4179-572-63.90. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve the construction contract with Murray Logan Construction, Inc., in the amount of $87,010.00 for construction of the Knowles Park B°at Ramp Rem°val and Repla~i~ni' ~/~/ Department head signature: ,...~ .~.~~____--~ ~'//~ 7/~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable)~ Budget Director Review (r,~q~d on all items involving expenditure of funds): Funding available~YES~O Funding alternatives~(lf appli~-~l~.' Account No. & Description 334-4179-572-63.90, Knowles Park Account Balance City Manager Review: "' / Approved for agenda: Y~/NO ~1 ~//~ ?'/?~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9661\agreq092199 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Howard Constru--i--'--'~ ' Dep Dir Date: September 16, 1999 Subject: AGENDA REQUEST for 9/21/99 Knowles Park Boat Ramp Replacement Project No. 96-061 Attached is an Agenda Request for City Commission approval of contract award to Murray Logan Construction, Inc. for the Knowles Park Boat Ramp Removal and Replacement project. The scope of work includes the removal of the existing flexible mat boat ramp and replacing it with a new rigid concrete boat ramp (see attached drawings) built from final certified engineered drawings submitted by the contractor. The flexible ramp was constructed last year as part of the Knowles Park Restroom, Boardwalk and Boat Ramp. Fifty percent of the funding for the project is being reimbursed from the Federal Inland Navigation District (FIND). Since completion last summer the flexible ramp mat system has settled causing depressions, which resulted in the ramp slope deviating from the original plan section. The deviations have limited the utilization of boats to launch at the ramp. The subcontractor that constructed the ramp (Perini Marine) has mobilized twice to remediate the ramp to its design slope (verified with as- builts). Each time the ramp has started to settle soon after the repairs were completed. We have reviewed the problem with our design consultant, Gee & Jenson. It is the consensus of both Gee and Jenson and staff that the ramp is settling due to poor subsoil conditions under the mat. These conditions have been verified by post construction borings down to 10'. The borings revealed a "quick" soil condition, which has a very Iow bearing capability. No borings were taken prior to design and utilized by Gee & Jenson. A number of remedial scenarios have been discussed from a constructability and cost perspective. It is the consensus of staff that the proposed construction of a rigid concrete ramp on pilings is the most practical, long-term solution at an equal or higher cost than some of the others discussed. Gee and Jenson proposed the concrete ramp and other solutions which were either non-constructible; or less costly but potentially short-term. It is staff's opinion that the ramp failure is a design error and omission. Gee and Jenson should have designed a ramp system that would either be supported by the existing "in-situ" materials; or provided specifications for stabilizing the existing materials to support the flexible mat. Neither was proposed or designed. We estimate that the hypothetical cost of removing the ramp and reconstructing a flexible mat to be $55,000.00. We have requested in writing that Gee and Jenson reimburse the City for this amount as its pro-rata share of the new concrete ramp. The difference between the $55,000.00 and $87,010.00 for the new concrete ramp would be the City's responsibility. The $55,000 represents no value received for the City/FIND as we already paid for the ramp in the original contract. The amount over $55,000. represents the value received for the more expensive concrete system. Gee and Jenson has counteroffered the $55,000.00 request with either design fees for reconstruction up to $10,000.00 or a $5,000.00 lump sum payment for their pro-rata share of the remedial work. Staff finds this unacceptable and have submitted the file to the City Attorney for further action. Due to FIND funding completion deadlines (9/30/00) and for use of the ramp by citizens we are requesting the award of this Contract to the lowest responsive bidder, Murray Logan Construction The lowest bid submitted was $81,610.00 from Jam-Rock Inc. Staffs review of their bid reveals the bid item amounts for the respective scopes of work are unbalanced as compared to the other bidders. In addition, their bid is technically non-responsive, missing their corporate seal on page P-4 and witnesses on P-12. A copy of the bid tabulation is attached for your review. Additionally, Jam-Rock has never constructed a ramp of this type as a General Contractor. Therefore, staff recommends award of contract to the second bidder Murray Logan Construction, Inc., in the amount of $87,010.00, for the construction of the Knowles Park Boat Ramp Removal and Replacement project. Murray Logan Construction, Inc. has completed several boat ramps of this type construction and has successfully completed several projects for the City in past years. Funding is available from 334-4179-572-63.90, Knowles Park. CC: Richard Hasko; Director of ESD Howard Wight; Deputy Director of Construction, ESD Joe Weldon, Director of Parks and Recreation Susan Ruby, City Attorney File 96-061.0 (A) s\...\96-061.1~agmem092199 _ ITL_, _,__,~.__. __ LLL, LL .L_/~*:_=*= =i=='::' ~___ --/lllll --'--- ---~i ~"-'~.-- '--~ ~ --i i : ----i----i -- 11% I t i-=i--,--, - /~/=-"-- ~--...~- =,: ::~ C:::::: ---- '-'mt-- ~ I I [ "'-- :---:-- :: ~ -f Lc/~/~- -- ~ ' o LINTON BOULEVARD ~C~ .21, ~IP ~ ~ ~ 0 ~ { Cl~ of DELRAY BEACH KNOWLES PARK ~~ ~ ~~~ PROJECT LOCA~ON ~~A~~~~~ 96-061 W -JO bi03 n.-o OZ 0 0 ~Z 0 0 ~Z J ~ W O Z Z o o F S'XI2'X3 G4U~E S]~I. MAT X-SEC~ON B--B C of DELRAY BEACH KNOWLES PARK ~~ ~8 ~~ EXIS~NG RAMP SECBON .~. i~: .~- ~o~,~, -,:ii r ~~.%~%,~ . ~.. ,. '~, ~ ~. /~~ ~ (~. ~ PC.) / ~'~ ~' 0047 RAMP PLAN ~ ~...~o~ ~o ~. · Cl of DELRA~'' BEACH ] KNOWLES PARK ~~ ~8 ~~ EXIS~NG RAMP PLAN ~ ~ ~,~ ~~ ~ ~ 96-061 PROPOSAL (BID FORM) Proposal of (Con,actor) ~' (Ad.ess) to ~sh ~d deliver all matedals ~d to do ~d peffo~ ~1 work in accord~ce M~ ~e Con- ~act Docments for the Project entitled: ~OWLES P~ BOAT ~P ~MOV~ESIGN-BUILD ~PLACEMENT CITY OF DEL~Y BEACH PRO.CT NO. 96-61.1 To: P~chasing Officer Ci~ of Delray Beach, Flodda 100 NW 1 st Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes ~d agrees, if this Bid is accepted, to enter into an Agreement with the CITY in ~e fo~ included in the Contract Docments to complete all Work as specified or indicated in the Contract Docments for ~e Contract Pdce ~d within the Contract Time indicated in ~s Bid ~d in accord~ce ~ ~e Contract Docments. 2. Bidder accepts all of ~e terns ~d conditions of the Ins~ctions to Bidders, including wi~out limitation those dealing wi~ ~e disposition, of Bid Sec~. ~s Bid will re- main open for six~ (60) days after the day of Bid ope~ng. Bidder ~11 sign ~d deliver to the CITY ~e Agreement ~d submit the Con~act Sec~i~, Ins~ce Ce~ificates ~d other docments required by the Contract Docments ~in fi~een days a~er ~e date of O~ER'S Notice of Ten~tive Awed. If Bidder f~ls to sign ~e Agreement ~d deliver the Agreement to ~e CITY accomp~ied by ~e required sec~, ins~ce ce~ificates ~d other docments wi~n ~e time specified, ~e CITY h~ ~e au~od~ to rescind the bid awed ~d retain the bid sec~ which shall be forfeited ~ liquidated dmages. P-1 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: t' a. Bidder has examined copies of all the Contract Documents and of the following addenda: i!1 Number Date Number Date t receipt of all of which is hereby acknowledged and also copies of the Advertise- ment for Bids and the Instructions to Bidders; I b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) I and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. I ,, c. This Bid is genuine and not made in the interest of or on behalf of any undis- closed person, firm or corporation and is not submitted in conformity with any iiI agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corpo- ration to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no City offi- cial nor any City employee has a direct or indirect interested in said bid, in the I supplies or work to which it relates, to any ,associated with the firm per- .person forming the work, or to the profits resulting from the work. I of this left blank [Remainder intentionally] page P-2 4. Bidder will complete the work for the following prices. SCHEDULE OF BID PRICES ITEM EST. UNIT EXTENDED DESCRIPTION UNIT UNIT PRICE (in words) TOTAL NO. QTY. PRICE PRICE 1 Remove and Store L.S. 1 0~4~ ~l',t~,J~.~ ~ ~1,¥,~ $ I j~'Oo-- $ I~'oo-- Floating Dock;Re- Dollars install after Ramp ~ Replacement Cents Demolition L.S. 1 of Existing Dollars Boat Ramp ~, . Cents New Design-Build L.S. 1 ~o~q-~'q Concrete Ramp Dollars too° Cents Indemnification L.S. I Ten $ 10.00 $ 10.00 Dollars No Cents TOTAL EVALUATED BASE BID BID ITEMS 1 through 4 (in numbers) $ ~,"/!o ~ O-- TOTAL EVALUATED BASE BID ~-,c-~'r¥ ff~!'~g~l "'~o~$,,,.,~ '-~M -- BID ITEMS 1 through4 (in words) Dollars Cents Page P-3.1 5. Bidder agrees that the Work will be substantially completed within 60 calendar days after the date when the Contract Time commences to nm, and completed within 15 calendar [ days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The undersigned agrees as follows: Accompanying this Proposal is a certified check, cashier's check or bid bond (5% of total Bid Price) meeting the requirements of the Contract Documents for $ payable to the City of Delray Beach which is to be forfeited if, in the event that thi~ Pro- posal is accepted, the undersigned shall fail to execute the contract and furnish satisfac- tory Contract Security and furnish insurance certificates under the conditions and within I the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as p~ovided herein. I 7. Communications this Bid shall be addressed the Bidder indicated below. conceming to 8. The terms used in this Bid which are defined in the General Conditions of the Construc- I tion Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. t Submitted on e:~_ ~e~ ~ '~X. [ a.) (If an individual, partnership, or non-incorporated organization) ~ofBidder d Address of Bidder · ~ 1 b.) (If a corporation) Signature of Bidder Address of Bidder Incorporated under the laws of the State of ~"~ ~. P-4 c.) Certificate of Competency number o-qT-,qg/ 6-- COo .,q d.) The names of the corporate officers, or partners, or individuals doing business under trade name, is as follows: Signature of Bidder Name Title Business Address 1~,0~C~ L~r~,,~ C~sr~o C*'.&, ~.,.. Incorporated under the laws of the State of ~'\c~'c~ [Remainder of this page left blank intentionally] P-5 INFORMATION REQUIRED OF BIDDER BIDDER'S GENERAL INFORMATION: Bidder shall furnish the following information. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. (1) CONTRACTOR'S name and address: (2) CONTRACTOR'S telephone number: 56~S- ~o' (3) Number of years as a CONTRACTOR in this type of work: (4) Names and titles of all officers of CONTRACTOR'S firm: (5) Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: (6) Principal Materials Manufactures and Subcontractors. This proposal is being submitted by the hereinafter stated CONTRACTOR who proposes to perform work specified and shown on the Drawings. The Bid Proposal shown on the preceding page(s) has been cal- culated and tabulated using basic material prices. The following is a list of material P-13 I manufactures and subcontractors whose materials and services said CONTRACTOR pro- pose to furnish and utilize if the awarded a CONTRACT for the work specified herein I and shown on the Plans. It is understood that the following list is not complete but in- cludes the names of manufactures of the principal components and subcontractors sup- i plying principal services to said project. It is also understood that if awarded a Contract, the CONTRACTOR will furnish the materials of the manufactures and utilize the serv- ices of the subcontractors stated herein and that if for any reason whatsoever CON- I TRACTOR wishes to substitute materials or subcontractors he shall request permission in writing from the City stating fully the reason for making such a request prior to ordering same. I All of said manufactures or their authorized vendors have been made aware of all the appropriate portions of the Contract Documents and agree that their materials will meet all of the require- I ments stated therein and that deliveries will be scheduled so as not to impede the progress of the work. i Materials: Manufacturer Subcontractors: il Name Duties ~.~, ~w~ ~ssot.~.quI ~ Engineering Consultant Signature of Bidder ~ Name" II P-14 QUESTIONNAIRE The undersigned guarantees the troth and accuracy of all statements and answers herein con- rained. 1. How many years has your organization been in business in the State of Florida as a Con- tractor? ' 2. What is the last project of this nature that you have completed? 3. Have you ever failed to complete work awarded to you: If so where and why? 4. Name three individuals or corporations for which you have performed work and to which you refer? 5. List the following information concerning all contracts on hand as of the date of submis- sion of this proposal. (In case of co-venture, list the information of all co-venturers). ~l~ TOTAL CON- CONTRACTED % OF NAME OF PRO J- OWNER TRACT · DATE/OF COMPLETION ECT VALUE COMPLETION TO DATE (Continue list on insea sheet, if necess~) P-15 I 6. Have you personally inspected the proposed work and have you a complete plan for its performance? 7. Will you sublet any part of this work? If so, give details. I 8. What equipment do you own that is available for the work? (Attach additional sheets as necessary) ! t 9. What equipment will you purchase for the proposed work? 10. What equipment will you rent for the proposed work? State the true, exact, correct and complete name of the padnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the business under the trade name. It is absolutely necessary that this information be furnished). Correct Name of Bidder a) The business is a (~,v,,. ~orporati;n~.~ b) The address of principal place of business is P-16 i c) The names of the corporate officers or partners, or individuals doing business under a trade name, is as follows: I / i Signature of Bidder Name i Business Address I I Inco~orated under the laws of the State of i P-17 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'/ SUBJECT: AGENDA ITEM # 9.~' - REGULAR MEETING OF SEPTEMBER 21, 1999 APPOINTMENT TO PARKING MANAGEMENT ADVISORY BOARD DATE: SEPTEMBER 17, 1999 With the automatic resignation of Monty Helm from the Parking Management Advisory Board, a vacancy has been created to fill his unexpired term ending January 31, 2000. Mr. Helm served as the business owner/operator representing the Adantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway. The purpose of the Parking Management Advisory Board is to advise and provide recommendations regarding parking management policy and related issues including, but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA) as well as all public parking areas located along State Road A1A within the corporate limits of the City. The following is the only individual who has submitted an application for consideration: Francis A. Marincola Pursuant to Commission direction a check for outstanding liens and/or code violations was conducted. None were found. Assuming the submitted application is acceptable, the appointment will be made by Commissioner Randolph (Seat ~4). Recommend appointment of a member (business owner/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway) to the Parking Management Advisory Board to fill an unexpired term ending January 31, 2000. Ref:Agmemo3.Appt.toPMAB 0~t17/1999 15: 1G 5612780555 DB CHAMt~ER COMMERCE PAGE 01 ,.,o~,r~,,~, ~u~, ~;u~ ~ a.i Z4~ 3774 1~ CI~ OF DEL~Y BEACH ' BOARD MEMBER APPLICATION 2. Home · Ci~,,,~ ' zip Code /~ ~-~ ~, ~ c ~ ~u~, ~/r ~v ,~ ~ ~ , / ..... , ........ ~ ~, , ' _~,~ , =9.- Li~ ~y~pmf.-si'~l ~n~fi~ims and It.hmS ~i~ you hold~ 11. ~i~ ~~s, skifls'~ ~~ whi~ quli~ ~ m ~e ~ ~' ~: ~J I~ a ~f~ume) ~ eemeY"~ ~ )'i/ t~e-~ W~.~ e~'~,"ene z ,~ and u~e~end mat any DA~ ' ~ITY CLERK FRANCIS MARINCOLA 36 S. OCEAN BLVD #B4 ~ DELRAY BEACH, FL 33483 TEL: (561) 274-4455 PERSONAL SUMMARY Education: Villanova University - BA in Economics Trenton State College - MA in Education Business History: I have been a successful owner in businesses ranging from Boardwalk Concessions (NJ), Retail Carpet (NJ), Nightclub/Restaurant (NJ), Beach Cabana Rentals (FL), and currently Caffe Luna Rosa Restaurant (FL). Organizations: I helped organize the Seaside Businessmen's Association (NJ) which is still in charter today. I am Vice President of the New Monmouth Condo Association and more recently helped to organize the Beachside Business Association in Delray Beach. I am also a member of Delray's Beach Property Owners Association. FRANCIS MARINCOLA 36 S. OCEAN BLVD #B4 ~ DELRAY BEACH, FL 33483 TEL: (561) 274-4455 August 18, 1999 Alison McGreggor Harty City Clerk City of Delray Beach Delray Beach, FL 33444 RE: Board Member Application: Parking Dear Ms. McGreggor, · As per Bill Wood, Chamber of Commerce, I submit to you the enclosed City Board Member Application for the parking commission as well as a copy of my personal summary. I have lived in East Delray Beach for the last 18 years and have maintained businesses in the area for as long. I have attended at least 80% of the city meeting pertaining to parking and feel that I have extensive knowledge on most parking issues and am acutely familiar with the problems. I think with this knowledge and experience, I could only benefit this area (parking) of the city. I appreciate your consideration. Sincerely i. ' Madncola FM/tls enclosure (2) cc: Bill Wood MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ff't/[ SUBJECT: AGENDA ITEM #/O.,q,- REGULAR MEETING OF SEPTEMBER 21, 1999 RESOLUTION NO. 60-99 (FY 2000 MIIJJ&GE LEVY) DATE: SEPTEMBER 17, 1999 Resolution No. 60-99 levies a tax on all properties m the City of Dekay Beach for FY 2000 as follows: 6.91 mills.., for operation and maintenance of the General Fund 0.74 mills.., for the payment of principal and interest on bonded indebtedness 7.65 mills... Millage rate The millage rate of 7.65 mills is five-hundredths of a mill less than FY 1999. The rolled back rate calculated under the TRIM law for operating purposes is 6.64 mills. The millage rate is 4.08% above the rolled back rate. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. Recommend approval of Resolution No. 60-99. RefiAgrnemo20.Res60-99.FY2000 Millage Levy RESOLUTION NO. 60-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $6.91 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 1999, and ending September 30, 2000. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $3,176,541,315. The operating millage rate of $6.91 per one thousand dollars ($1,000.00) exceeds the rolled- back rate of $6.6393 per one thousand dollars ($1,000.00) by 4.0772%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,214,670. There is hereby appropriated for the payment thereof, all revenues derived from the tax levy of $0.74 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 1999, and ending September 30, 2000, upon the taxable property of the City of Delray Beach, the assessed valuation being $3,176,541,315. Section 3. That the above millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. Section 4. That public hearings were held on the proposed budget on September 7, 1999, and September 21, 1999. PASSED AND ADOPTED in regular session on this the 21st day of September, 1999. ATTEST: Y/ City Clerk 2 Res. No. 60-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~fi'//~ SUBJECT: AGENDA ITEM #/~).~. - REGULAR MEETING OF SEPTEMBER 21, 1999 RESOLUTION NO. 61-99 (FY 2000 MILL&GE LEVY IN THE DDA TAXING DISTRICT) DATE: SEPTEMBER 17, 1999 Resolution No. 61-99 levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2000. This millage exceeds the 0.95 rolled back rate calculated under the TRIM law by 5.31%. A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA budget for FY 2000. Recommend approval of Resolution No. 61-99. RefiAgmemo20.Res61-99.FY2000 M/llage Levy.DDA RESOLUTION NO. 61-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF Di~LRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN T~E DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF Ti~E CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE A~D OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) cf assessed valuation is hereby levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 1999, and ending September 30, 2000. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of ~he Downtown Development Authority Taxing District, and also in addition, ali revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $135,381,408. The operating millage rate of $1.00 per one thousand dollars {$1,000.00) exceeds the rolled-back rate of $0.9496 per one thousand dollars ($1,000.00) bt 5.3075%. Section 2. That the above millage rate is adopted pursuant to Florida Statutes Section 200.065(2) (e) (2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified puzsuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That public hearings were held on the proposed budget on September 7, 1999, and September 21, 1999. PA~SED AND ADOPTED in regular session on this the 21st day of September, 1999. ATTEST: ~ Cit~ Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ]o .C r REGULAR MEETING OF SEPTEMBER 21, 1999 RESOLUTION NO. 62-99 (BUDGET ADOPTION FOR FY 2000) & APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN DATE: SEPTEMBER 17, 1999 Resolution No. 62-99 makes appropriations of sums of money for all necessary expenditures of the City for fiscal year 2000. The budget summary is set forth at Exhibit "A" to the resolution. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the budget. Approval of Resolution No. 62-99 is recommended. As a related item, Commission is asked to approve the Five Year Capital Improvement Plan for fiscal years 2000 through 2004 and the Capital Improvement Budget. The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000 which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan to which the City Commission will commit as part of the adopted annual budget. The Planning and Zoning Board, as Local Planning Agency, will formally review the Capital Improvement Plan and Capital Improvement Budget on September 20~' as requLred by the Capital Improvement Element of the Comprehensive Plan. It is anticipated the Board will make a finding that both the CIP and CIB are consistent with the Comprehensive Plan. The formal action will be reported at Tuesday night's meeting. The expected recommendation is that the City Commission accept the finding of the Planning and Zoning Board that the Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. RefiAgmemo20.Res62-99.FY2000 Budget Adoption. CIP RESOLUTION NO. 62-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1sT DAY OF OCTOBER, 1999, TO THE 30TM DAY OF SEPTEMBER, 2000; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, ~BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1999, and ending the 30tn day of September, 2000, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 1999, and ending the 30th day of September, 2000. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 1999, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 1999. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of 1st these Funds for the fiscal year commencing the day of October, 1999. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. 2 Res. No. 62-99 Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 7, 1999, and September 21, 1999. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 21st day of September, 1999. ATTEST: City Clerk 3 Res. No. 62-99 _P.gl.19g9 2:3~PM N0.321 °P.5×? EXHIBrr A REVISED BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 1999.2000 ~OWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH a~,.RNCES BROUeH'r FOmNAR~ 0 0 1,450,820 1.450,820 ESTIMATED REVENUES: TAXES AD VALOREM TAXES e.al 20.852.410 20,852,410 AD VALOREM TAXES o.74 2,233,110 2~33, AD VALOREM - DEtJNQUENT E~.O00 82,000 AD VALOREM - DDA soo 128,620 128,620 Sales & Use Taxes 1,420,400 1,420,4130 Franchise Taxes 3.177.000 3.177,000 Util~ Taxes 5.800.000 Licenses & Permits 2.233.680 2.233,680 Intergovernmental 5,708. t70 45.0130 1.225.270 6.978.440 Charges for Services 4;444,510 28.443,950 32.888.480 Fines & Forfeitures 637.900 637.900 Miscellaneous Revenues 2,843.340 3.000 1,071.670 11.200 3.929.410 Other Financing Sources 2.370.560 50.000 1,003.420 3.423.980 'troTAL REVENUES AND OTHER FmANC~ SOURCES 51.783.080 131,820 29.610.820 2.239.890 83.765.410 TOTAL ESTIMATED REVENUES eNO aAt. ANCES 51,783.080 131,620 31,061.64Q 2,239,890 85,216,230 EXPEN OlTURES/F-XPE. N$~S; General Government Services 5,634,810 5,634.810 Public Safety 28,862,490 28.862,490 Physical Environment 326,580 15,899,050 16.225,630 Transportation 1.308.130 1030B. 130 Economic Environment 1.1B6.5B0 131.620 %385,380 2.703.580 Human services 188.520 188,520 Culture & Recreation 7,144.530 3,544.13813 431.230 11.119,840 Debt Serwce 4.356.440 4,990,680 9.347.120 Other Financing Uses 2.658.100 4.812.510 297.090 7.767.700 TOTAL E][la'ENDITUR~ENSES 51,68~,180 131,820 29,246,320 2,113,700 83.157.820 Reserves 116,900 0 1.815,320 126.190 2.058,410 TOTAL EXPENDITURE~ AND RESERVrr..S 51,783.080 131,620 31,061,6413 2,239,890 85,216.230 RES. NO. 62~9 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # - REGULAR MEETING OF SEPTEMBER 21, 1999 ORDINANCE NO. 34-99 (GARBAGE & TRASH RATES) DATE: SEPTEMBER 16, 1999 This is second reading and a public hearing for Ordinance No. 34-99 which adjusts the garbage and trash rates m accordance with our franchise agreement with BFI for residential and commercial collection service. The collection portion of the saturation rates reflects a 2.3% increase for FY 2000 in accordance with the Consumer Price Index. Disposal rates have also been adjusted upward according to the Solid Waste Authority's increase m the per ton disposal charged to haulers in the upcoming year. At first reading on September 7, 1999, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 34-99 on second and final reading. RefiAgmemo21.Ord.34-99.Garbage & Trash Rates ORDINANCE NO. 34-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2000; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Comraission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts Monthly Service Cost Per Unit Garbage Collection $=.v~ ~ cn 2.75 Recycling~.=v~ Ac 1.49 Yard Trash 1.36 1.39 Bulk Trash 0.67 0.69 Total Fees - Contractor $ 6.18 6.32 Cart Replacement 0.90 Administrative Fee 0.35 Franchise Fees (5%) 0.31 0.32 Total Fees $ ~ 7.89 Reardoor Owner Container Monthly Service Cost Per Unit Garbage Collection $u.~° o~ 8.44 Recycling ~.=~ ~= 1.49 Yard Trash ~.~v~ ~ 1.39 Bulk Trash v.v,n =~ 0.69 Total Fees - Contractor $11.74 12.01 Administrative Fee 0.35 Franchise Fee (5%) 0.59 0.60 Total Fees $~a~68 12.96 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $ 1,68 1.72 Recycling 1.26 1.29 Yard Trash ~.36 1.39 Bulk Trash 0.67 0.69 Total Fees - Contractor $ ~.97 5.09 Administrative Fee 0.35 Franchise Fee (5%) 0.25 Total Fees $ 5.57 5.69 2 Ord. No. 34-99 (B) Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple- family monthly fees shall include a container charge and per unit charge. If the amount of refuse generated requires more than two (2) times per week collection, then the third (3rd) and all subsequent collections shall be charged the commercial collection rate only. Multiple-Family Rates Container Monthly Maintenance Charge Total Container Size Monthly Cost Franchise Fee Container Fees 2 yd. $19.40 $1.94 $21.34 3 yd. 21.44 2.14 23.58 4 yd. 22.21 2.22 24.43 6 yd. 25.53 2.55 28.08 8 yd. 27.09 2.71 29.80 Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $1.41 1.44 li g ~ o~ 0 85 Recyc n ..... Total Per Unit Fee-Contractor $2.24 2.29 Administrative Fee 0.35 Franchise Fee (10%) 0.22 0.23 Total Monthly Fees Per Unit $~ 2.87 3 Ord. No. 34-99 (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than six days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be serviced at least once per week. Ail garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: 4 Ord. No. 34-99 Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) Collection $ n~.~An~ $ I~.I~ $ 27.~v°° $ ~v.~ ~.27 $ ~ $ 54.5~v 9.27 18.53 27.80 37.06 46.33 55.60 Disposal ~=~.~ 29.~n =~.~5 ~.~° on 72.74 ~ 16.28 32.56 48.84 65.12 81.40 97.68 Container Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 Total - Contractor Fees $ ~ $ 66 =~ $ an ~ $~ 97 $~7 ~ ~ o~ 44.95 70.49 96.04 121.58 147.13 172.68 Franchise Fees (10%) ~ 9h f f7 ~ nQ 11 ~a 12 76 1~ 12 4.50 7.05 9.60 12.16 14.71 17.27 Total Fees $ 4~ $ ~ $ 9~ $125.37 $~_m~ $~_7r~ 49.45 77.54 105.64 133.74 161.84 189.95 3 yd Collection $ 13 6~ $ o7 oo $ ~n no $ ~ ~ $ ~o on $ o~ o~ 13.90 27.80 41.70 55.60 69.50 83.40 Disposal 21.82 43.65 65.47 87.29 109.12 130.94 24.42 48.84 73.26 97.68 122.11 146.53 Container Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 Ord. No. 34-99 Total - Contractor Fees $ ~c ~n $ ao 3~ $127 83 $~ $~o 76 ~ ox 59.76 98.08 136.40 174.72 213.05 251.37 Franchise Fees (10%) %=-6~ ~ 4o~=.,u7o 16.33 ~ ~.==~ ~ 5.98 9.81 13.64 17.47 21.31 25.14 Total Fees $ 65.74 107.89 150.04 192.19 234.36 276.51 4 yd Collection $ ~o~.19 $ ~=.~,~n $ ~==~.~== $ 72, .n~,= $ 90.93 $109.12 18.53 37.06 55.60 74.13 92.66 111.19 Disposal 29 i0 =o on o7 o~ ~ ~ ~ ~ =~ 32.56 65.12 97.68 130.25 162.81 195.37 Container Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 Total - Contractor Fees $ =au~.~=n $~=~.~8, ~=~=~.~= $2~.34 ~°=°.63 $~=~.~so 73.30 124.39 175.49 226.59 277.68 328.77 Franchise Fees (10%) ~ ~ ~o ~ ~ ~ ~ o~ o~ ~ ~a 7.33 12.44 17.55 22.66 27.77 32.88 Total Fees $ ~ $~46 $~4~4-7 $~x~R=~-7 $R~4~9 $~m~6~=_~_~_~_~_~_~_~ 80.63 136.83 193.04 249.25 305.45 361.65 6 Ord. No. 34-99 6 yd Collection $m,°F. mu°° $ ~=.¢uGA Cg $ ~ $1 nam~j . iota $1Q6m~u.~A0 ~¢-~1~Q 6U, 27.80 55.60 83.40 111.19 138.99 166.79 u~ ~ ~n~S~OSa~ Ao cc on on ion aA ~FA.~Ca o~o~ no oc~ .°° 48.84 97.68 146.53 195.37 244.21 293.05 Container Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53 Total - Contractor Fees $ ~ $167.38 $238.31 $309.2~ $380.16 $451.08 102.17 178.81 255.46 332.09 408.73 485.37 Franchise Fees (10%) ~ ~ ~ ~ o~ 83 ~n ao ~o no AR ~l 10.22 17.88 25.55 33,21 40.87 48.54 Total Fees $~4)6~-_~ $~4---_~-~ SLZ6R---_~4 $~4Q~-_~6 $4-1~-1~ $~ 112.39 196.69 281.01 365.30 449.60 533.91 8 yd Collection $ ~ ~F $ ~ $109 12 $I~c ~9 $~o~ 86 ~o~o o~ 37.06 74.13 111.19 148.26 185.32 222.39 Disposal =o on ~= ~a l~A Ca OQO FO onn ao ~Aa IF 65.12 130.25 195.37 260.49 325.62 390.74 Container Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09 Total - Contractor Fees $121.66 $215.22 $310.80 $~05.35 129.27 231.47 333.65 435.84 538.03 640.22 Franchise Fees (10%) 12 17 o~ =o ~ ~o ~ A~ aa ca Ac 12.93 23.15 33.37 43.58 53.80 64.02 Total Fees $~-~m~=8-~ $~m~7-~84 $~4-1~88 $~ $~9~9~ $~ 142.20 254.62 367.02 479.42 591.83 704.24 7 Ord. No. 34-99 Commercial/Multi-Family Rolloff Containers: Open-top rolloff container $95.00 per pickup plus disposal cost Compactors $95.00 per pickup plus disposal cost; PLUS monthly container rental 15 Yard $250.00 20 Yard 295.00 30 Yard 345.00 40 Yard 395.00 Excludes commercial recycling and construction/demolition debris. 95-Gallon Cart Service 8 Ord. No. 34-99 Total Total Pickups Monthly Frch. Monthly Per Week Collection* Disposal Container Charge Fee Fee 1 $ 14 33 $ 8.14 $2.00 $ 24.47 $ 2.45 $ 26.92 2 25 65 16.28 2.00 43.93 4.39 48.32 3 36 95 24.42 2.00 63.37 6.34 69.71 4 48 25 32.56 2.00 82.81 8.28 91.09 5 59 57 40.70 2.00 102.27 10.23 112.50 6 70 87 48.84 2.00 121.71 12.17 133.88 NOTE: The foregoing rates are based on ~ ..... $28.00 per ton ~ ~o ($1 88 per cubic yard), ,~ ..... which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 1999_~. (D) The charges set forth above for mechanical containers and rollout carts shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the City or provided by the City's contractor shall be used. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 9 Ord. No. 34-99 Section 4. That this ordinance shall become effective on October 1, 1999. PASSED AND ADOPTED in regular session on second and final reading on this the 21st day of September , 1999. ATTEST: ~ M Y~~O R' - City C~rk' --! First Reading September 7, 1999 Second Reading September 21, 1999 10 Ord. No. 34-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/ SUBJECT: AGENDA ITEM # - REGUIJkR MEETING OF SEPTEMBER 21, 1999 ORDINANCE NO. 35-99 {IMMOBILIZATION ORDINANCE) DATE: SEPTEMBER 16, 1999 This is second reading and a public hearing for Ordinance No. 35-99 which amends Chapter 71, "Parking Regulations", of the City Code by enacting a new subsection 71.030, "Immobilization Regulations", to enact guidelines governing the mobilization (or booting) of vehicles on private property. As you may recall the City and the Chamber of Commerce received numerous citizen complaints when the previous owners of Atlantic Plaza did booting. The primary complaints included the following: · Inadequate signage · The fee charged was too high and could only be paid in cash · Citizens received no warning from the booting attendant The practice of booting vehicles on private property was legal, However, the City had no way to control the process and we and the Chamber took a considerable amount of criticism. Ordinance No. 35-99 sets the maximum fee at $25.00, standardizes the signage, requires verbal warnings from the on site attendant, and allows for the payment by cash, credit card or check. The Parking Management Advisory Board reviewed the ordinance and recommended approval at their August 24, 1999 meeting. At first reading on September 7, 1999, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 35-99 on second and final reading. Ref:Agmemo21.Ord.35.99.Booting ORDINANCE NO. 35-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA, AMENDING CHAPTER 71 "PARKING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING A NEW SUBSECTION 71.030, "IMMOBILIZATION REGULATIONS", TO ENACT GUIDELINES GOVERNING THE IMMOBILIZATION OF VEHICLES ON PRIVATE PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the use of immobilization devices prior to the removal of unauthorized vehicles parked on private property is not prohibited by law; and WHEREAS, the practice of immobilization upon commercial property is also a commercial venture and an occupation subject to the occupational license requirements of the City and reasonable regulation; and WHEREAS, the City of Delray Beach has the authority to regulate certain aspects of immobilization of vehicles under its home rule powers; and WHEREAS, the City of Delray Beach deems it advisable and in the public interest to enact provisions regulating private real property owners engaged in the act of immobilizing unauthorized vehicles parked on their property prior to requesting and/or arranging for their removal. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, ~Parking Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting Subsection 71.030, "Immobilization Regulations", to read as follows: Section 71.030 IMMOBILIZATION REGUI~%TIONS. (A) Occupational License Required: No property owner or immobilization contractor, without written authorization, shall engage in the business of immobilization of motor vehicles parked on private property. Such property owner or immobilization contractor shall first obtain an occupational license in accordance with the procedures set out in Chapter 110 of the Code of Ordinances of the City of Delray Beach. For purposes of this section, the term ~property owner" shall include and refer to the owner, lessee, or controller, person or entity otherwise in control of real property, their agents, servants, or employees. Such term shall also include and refer to, for purposes of this article, except as otherwise provided, any person or firm authorized by the owner, lessee, or controller to engage in the business of immobilization of unauthorized motor vehicles parked on private property of such owner, lessee, or controller, their agents, servants or employees. These latter-named persons or immobilization contractor shall sometimes be referred to in this section as the "contractor". The term "premises" shall mean the private property owned, controlled or used by a property owner for the parking of motor vehicles as its business or auxiliary to its business. (B) Requirements for Immobilization Contractor or Property Owner: A property owner or immobilization contractor, to be in compliance with the provisions of this section must comply with the following requirements: (1) Notice: Property owners are required to post notice if vehicles are subject to immobilization. a. The notice must clearly indicate on a sign that parking is reserved for customers only and unauthorized vehicles will be subject to immobilization at the owner's expense. b. The notice must also provide the name and telephone number of the person or firm immobilizing the vehicle, the fee for the removal of the immobilization device, such fee not to exceed a maximum rate of twenty-five dollars ($25.00), and acceptable methods of payment. Such methods shall include cash, check payable in U.S. funds and credit card. c. The notices shall read substantially in not less than three inches (3") high, light reflective letters on a contrasting background, the words "RESERVED 2 Ord. No. 35-99 PARKING"; in not less than one and one-half inches (1-1/2") high, light reflective letters on a contrasting background, the words "Customers of (insert name of facility) Only - Unauthorized Vehicles Subject to Immobilization and a Fee of $25.00"; in not less than three-quarters of an inch (3/4") high, light reflective letters on a contrasting background, the words "To Remove Immobilization Device Call: (insert name, address and telephone number to call to request removal of the immobilization device)". d. Notice must be prominently placed at each driveway access or curb allowing vehicular access to the property and within five feet 5') from the public right-of-way line. e. The sign structure containing the required notices must be permanently installed with the bottom of the sign not less than four feet (4') above ground level and must be continuously maintained on the property for not less than 24 hours prior to the immobilizing of any vehicles. f. The City is authorized to require permitting and inspection of these signs prior to any immobilizing of vehicles being authorized. (2) Inspection of Real Property Where Immobilization is Used to Enforce Parking Restrictions: The property owner shall provide access to the City Manager or his designee in order to inspect the required signs on premises where immobilization is used to enforce parking restrictions. (3) Notification to Owner: Prior to immobilization, the property owner or immobilization contractor's representative shall attempt to notify the owner, operator, or person legally in control of the vehicle to have that person retrieve it promptly before the vehicle is immobilized. Notification to a person within reasonable access shall be made by a verbal warning. 3 Ord. No. 35-99 (4) Method of Immobilization: Immobilization shall be accomplished by placing a steel boot to the front wheel on the driver's side of the motor vehicle. The steel boot may be placed on any other wheel if placement on the front wheel on the driver's side is not feasible. (5) Warning Sign Requirement: Upon immobilization, the property owner shall affix a warning notice written in English, Spanish and Creole, on the driver's side window of the vehicle, indicating that the vehicle is immobilized and that any attempt to move it will cause damage, and shall provide the telephone number to contact for release of the immobilization device, and the fee for its removal. The warning sign shall be in a form acceptable to the City. (6} Availability and Response Time: The property owner or immobilization contractor shall make available on a 24-hour, seven-days-a-week basis, attendants and equipment for the timely release of the immobilization device. The immobilization contractor is required to remove the immobilization device from the vehicle within thirty (30) minutes of a call for said service by the owner of the immobilized vehicle. (7) Record of Contracts: The property owner or immobilization contractor shall file and maintain on record at all times with the City Manager or his designee a list of any and all current written contracts for immobilization services on private real property within the City limits. The list shall be kept current and shall provide the City with (a) the address of the real property; (b) the date of the agreement; (c) a contact name and telephone number at the premises. (8) Insurance: The property owner or immobilization contractor shall file with the City's Risk Manager and have in effect an insurance policy or certificates of insurance in lieu thereof, which shall indemnify or insure the property owner or immobilization contractor for all claims of damage to property resulting from any action or operation in connection with the service performed, such amount not to be less than Twenty Thousand and 00/100 Dollars ($20,000.00) for each incident. 4 Ord. No. 35-99 (9) Recordkeeping Procedures: The property owner or ir~nobilization contractor shall keep an immobilization log with information including but not limited to: date and time the vehicle was observed illegally parked, compliance with subsection (3) of this section, the date and time of immobilization, the location/address of the real property where the immobilization took place, make, model, color and license tag number of the vehicle immobilized. In addition, the immobilization contractor shall include in the log the following release information: verification of vehicle ownership, the name of the person removing steel boot and the name of person requesting two service, if applicable. Ail files, records, and logs shall be available for inspection and checking on the subject premises during normal working hours by the City Manager or his designee. (10) Ethics and Conduct: The property owner and immobilization contractor shall conduct their business in an orderly, ethical and business-like manner at all times, and shall use every means to obtain and keep the confidence of the motoring public. Ail public contact shall be courteous. (C) Enforcement: If at any time a property owner or immobilization contractor shall fail or refuse to comply with, or violates, any of the provisions of this section, such property owner engaging the services of the iramobilization contractor shall be subject to the enforcement under Chapter 37 of the Code of Ordinances of the City. Additionally, the City may seek injunctive relief, or any other remedy allowed by law. (D) Exemptions: Nothing in this section shall affect the rules and regulations governing any person or firm engaged in the towing and removal of vehicles parked on private property within the City. (E) Rebates: The rebate or payment of money or any other valuable consideration, directly or indirectly from the individual or firm immobilizing or removing vehicles to the owners or operators of the premises from which the vehicles are immobilized or removed, for the privilege of iramobilizing or removing those vehicles, is prohibited. 5 Ord. No. 35-99 (F) Identification: The immobilization contractor's employees or agents shall wear identification tags stating the full name of the contractor and the name of the employee or agent; no identification worn by contractor's employees or agents shall use the words "Enforcement", "Department", "Police", or "Parking". Said identification tags shall be prominently displayed on the front left side of the employee or agent's shirt. Contractor's employees or agents shall not wear uniforms that bear resemblance to Police or other enforcement officers. Ail contractor vehicles shall display the company name (or name of joint venture, or individual owner or other entity ownership) on the driver and passenger side of the vehicle in letters at least three inches (3") high. The company's address (or address of joint venture, or individual owner or other entity ownership) and telephone number shall be displayed on the driver and passenger side of the vehicle in letters at least one inch (1") high. No contractor shall use the words "Enforcement", "Department", "Police", or "Parking" in its company name {or name of joint venture, fictitious name, or entity name). (G) Citizen Complaints: The immobilization contractor shall respond in writing to any complaints received by the City Manager or his designee concerning misconduct on the part of contractor or its employees or agents, such as excessive charges, poor business practices, discourteous service, damage to vehicles, failure to give notice as required by this ordinance. The City Manager or his designee shall notify contractor of any complaints within five (5) business days from receipt of the citizen complaint. Contractor shall provide any additional explanation or information with respect to the particular complaint within five (5) days upon notification. A written disposition of the complaint will be forwarded to the contractor and the citizen complainant upon completion of the investigation. (H) Existing Use of Immobilization Devices: Any property owner that was immobilizing vehicles or was using an immobilization contractor to immobilize vehicles prior to the enactment of this ordinance shall not be subject to the provisions of this ordinance for a period of one (1) year after the effective date. Thereafter, the property owner must be in 6 Ord. No. 35-99 compliance with the provisions of this ordinance. However, if a property owner has entered into a valid contract with an immobilization contractor prior to first reading of this ordinance, then the property owner shall comply with the provisions of this ordinance to the extent that it does not conflict with the terms and conditions of the contract. The property owner must furnish a copy of the contract to the City if the property owner claims that compliance with this ordinance cannot be achieved because of an existing contract. Upon expiration of the contract, the property owner shall comply with all the provisions of this ordinance. Section 2. That should any section or provision of this ordinance, or any portion thereof, or 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective on October 1, 1999. PASSED AND ADOPTED in regular session on second and final reading on this the 21st day of September , 1999. ATTEST: ~ cit~ C-ler~-~- - ' First Reading September ?, 1999 Second Reading September 21, 1999 7 Ord. No. 35-99