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07-21-98 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING JULY 21, 1998 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. 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. Henerally, 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. Ail 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: Regular Meeting of July 7, 1998 6. Proclamations: None 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. A. BUREAU OF JUSTICE ASSISTANCE BLOCK GRANT: Approve the annual Bureau of Justice Assistance local law enforcement block grant in the amount of $166,508.00, authorize the required 10% City match, and approve the items proposed to be funded. B. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $34,350.00 for three (3) income eligible applicants under the Delray Beach Renaissance Program, with funding in the amount of $24,350.00 from 118-1924-554-83.01 (SHIP) and $10,000.00 from 118-1923- 554-83.01 (HOME). C. SERVICE AUTHORIZATION #4/SHEREMETA ASSOCIATES, INC.: Approve Service Authorization %4 in the amount of $47,550.00 with Sheremeta Associates, Inc. for the design of utility improvements and street resurfacing/reconstruction along the N.W. 3rd Street corridor from N.W. 3rd Avenue to N.W. 10th Avenue; with funding from 448-5411-538-63.69 (Stormwater - Spady Area & N.W. 3rd Street). D. REJECTION OF BIDS/FLEET MAINTENANCE SERVICE BAY: Approve the rejection of all bids received on January 28, 1998, for the Fleet Maintenance Service Bay project. E. PROMOTION/ASSISTANT CITY ATTORNEY II POSITION: Approve the promotion of Brian Shutt to the Assistant City Attorney II position as recommended by the City Attorney. Regular Commission Meeting July 21, 1998 F. REVIEW OF APPEALABLE LAND DEVELOPMF~NT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 6th through July 17, 1998. G. SERVICE AUTHORIZATION ~2/HANSON ENGINEERS, INC.: Approve Service Authorization #2 in the amount of $14,500.00 with Hanson Engineers, Inc. for design services, permit execution and construction administration for the aboveground fuel storage tank installation at the Public Works compoung fuel facility; with funding from 334-6112-519-64.28 (General Construction Fund/ Fuel Tanks-Public Works). H. AUTHORIZATION TO FILE APPEAL/TATE LAWSUIT: Authorize the City Attorney to file an appeal in the referenced matter. I. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the amount of $30,733 to American Earth Friendly, via Broward County Co-op Bid with the City of Deerfield Beach serving as lead agency, for recycled plastic park furniture and trash receptacles; with funding in the amount of $10,340 from 001-4131-572-63.90 (Parks Maintenance/Other Improvements) and $20,393 from 001-4131-572-52.20 (Parks Maintenance/General Operating Supplies). 2. Bid award in the amount of $33,696.60 to Anything In Fence for the removal of existing broken chain link fencing and installation of new green vinyl coated fencing and components at Merritt Park; with funding from 118-1965-554-63.40 (Community Development/Recreation Improvements). 3. Bid award in the total amount of $169,199.00 for base bid plus alternates #1 and #2 to Republic Construction & Development Corp. for the construction of the improvements at Pine Grove Community Park located on the south side of S.W. 10th Street adjacent to Pine Grove Elementary School; with funding from 117-4176-572-63.40 (Recreation Impact Fee/Pine Grove Park) and additional funding from Palm Beach County. 4. Bid award in the amount of $77,010.00 to Hausinger & Associates, Inc. for replacement of the backwash recovery pump at the Water Treatment Plant; with funding from 441-5161-536-64.90 (W&S New Capital Outlay/Other Machinery and Equipment). 5. Bid award in the amount of $24,628.80 to Henry Haywood for the Poinciana Heights Neighborhood Driveway Improvements project; with funding from 118-1974-554-49.19 (Neighborhood Housing/Housing Rehabilitation). Regular Commission Meeting July 21, 1998 6. Purchase award in the amount of $13,991.00 to Van's Comfortemp for the emergency purchase of roof top air conditioning equipment with specified ancillary accessories for Fire Station #2; with funding from 334-6112-519-62.10 (General Construction Fund/R&R Buildings). 7. Purchase award in the amount of $86,553.90 to Convault Florida, Inc., via State of Florida "State Negotiated Agreement Price Schedule" (SNAPS) contract, for the purchase of protected aboveground fuel storage tanks and accessory equipment for the Public Works compound fuel facility; with funding from 334-6112-519-64.28 (General Construction Fund/Fuel Tanks-Public Works). 8. Purchase award in the amount of $18,504.65 to Lucent Technologies, Inc., sole source manufacturer, for equipment necessary to upgrade the existing audix voice power system (voice mail) at the Police Department; with funding from 001-2113-521-64.11 (PD Support/Computer Equipment) and 115-2112-521-49.90 (Special Projects/Other Current Charges/Obligations). 9. Regular Agenda: A. OLD SCHOOL SQUARE DEBT TO THE CITY: Consider a request from Old School Square, Inc. for the City to forgive the balance of Old School Square's indebtedness under the 1992 line of credit agreement. B. FY 1999 BUDGET - ESTABLISHMENT OF PROPOSED MILLAGE RATE: C. BID AWARD/TOWING CONTRACT FOR POLICE DEPARTMENT: Consider approval of a bid award to McAlpines Towing for the annual Police Department towing contract. D. BID AWARD/INTERCOUNTY FOUNDATION, INC. (BUCIDA ROAD WATER MAIN & DRAINAGE IMPROVEMENTS}: Consider approval of a bid award in the amount of $104,525.00 to Intercounty Foundation, Inc., as the lowest responsive bidder, for the Bucida Road water main and drainage improvements project; with funding in the amount of $56,565.00 from 442-5178-536-63.50 (W&S Renewal and Replacement/Water Line Upgrades), $15,000.00 from 448-5411- 538-63.65 (Stormwater - Golf Court/Birdie Court), and $32,960.00 from 448-5411-538-63.67 (Stormwater - Lakeview). E. CRA REQUEST TO AMEND ELIGIBILITY GUIDELINES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Consider a request from the Community Redevelopment Agency to amend the eligibility guidelines under the Delray Beach Renaissance Program to provide for the participation of existing homeowners living within the West Atlantic Avenue Redevelopment Area. Regular Commission Meeting July 21, 1998 10. Public Hearings: A. ORDINANCE NO. 24-98 (FIRST READING & TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 98-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 98-1, and authorize transmittal to the State Department of Community Affairs for review. Amendment 98-1 includes: (1) Future Land Use Map Amendment from TRN (Transitional) to LD (Low Density Residential 0-5 du/acre) in part, and from MD (Medium Density Residential 5-12 du/acre to LD (Low Density Residential 0-5 du/acre), in part, in conjunction with the implementation of the Seacrest/Del-Ida Park Neighborhood Plan generally located between Seacrest Boulevard and Dixie Highway and between George Bush Boulevard and Atlantic High School. (2) Future Land Use Map amendment from TRN (Transitional) to LD (Low Density Residential 0-5 du/acre) in part, and from LD (Low Density Residential 0-5 du/acre) to TRN (Transitional) in part, related to the realignment of a roadway within the Citation Club/Hammock Reserve developments located on the east side of Military Trail, south of Linton Boulevard. (3) Amendment to the text of the Housing Element relating to the adoption of the Seacrest/Del-Ida Park Neighborhood Plan. (4) Amendment to the text of the Conservation Element regarding the preparation of a program to preserve or mitigate the development of Hurricane Pines (environmental site on the south side of S.E. 10th Street between Dixie and Federal Highways). B. ORDINANCE NO. 25-98 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 6.3.3 pertaining to the use, design and maintenance of sidewalk cafes. C. ORDINANCE NO. 27-98 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Section 4.4.9, "General Commercial (GC) District", to allow 'Astrologists, Clairvoyants, Fortune Tellers, Palmists, Phrenologists, Psychic Readers, Spiritualists, Numerologists and Mental Healers' as a permitted use within certain areas of the GC zone district; amending Subsection 4.4.9(H), "Special Regulations", to provide location and distance restrictions for said use; and amending Section 110.15, "License Tax Schedule", of the City Code by adding 'Psychic Readers' If passed, a second public hearing will be scheduled for August 4, 1998. -5- Regular Commission Meeting July 21, 1998 D. RESOLUTION NO. 45-98: A resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 1999 stormwater management assessments, and certifying and adopting the stormwater assessment roll. E. ORDINANCE NO. 26-98: An ordinance amending Chapter 95, "Emergency Management", of the City Code to provide definitions for the terms "average retail price", "consumer good", "enforcement official" and "fuel product", enacting a provision for prohibition of price gouging during a declared state of emergency, and providing for a revision to Resolution D related to prohibiting price gouging. 1. Adoption of Resolution No. D as amended to reflect the use of the term "average retail price" 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: A. ORDINANCE NO. 28-98: An ordinance amending Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code to provide for a four percent increase in all occupational license tax fees effective October 1, 1998. If passed, a public hearing will be scheduled for August 4, 1998. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING JULY 21, 1998 -. 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING: 9. Regular Agenda: F. AUTHORIZATION TO INITIATE MODIFICATIONS TO LDR PROVISIONS RELATING TO ADULT ENTERTAINMENT: Consider authorizing staff to initiate modifications to the LDR'S relating to adult entertainment. +4072437166 CITY OF DELRAY BEACH J4D Mu~ JUL Agenda Item No.: ~'~. AGENDA R~QUEST Date: 07/16/98 R~quest to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 3uly 21,. 1998 Description of agenda item (who, what, where, how much): Approved of the Annual Bureau of 3ustice Assistance Block Grant. Grant is for $166,508.00 and r~ml~r~ m ]0~ c. jtv m~h- Items to be fund.ed: Vglunteer Program, overtime cqsts~ equipment (surveilYanc.~ equipment_and laser radar units). - ORDINANCE/ RESOLUTION ~QUIR~D: YES~ Draft Attached: YES/NO Recommendation: See attached memorandum. 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: ~ NO Funding alternatives: _. _ (if applicable) Account No. & Desoription: Account Balance: ~ City Manager Review: Agenda Coordinator Review: Received: Act ion: Approved/Disapproved DELRAY BEACH Delray Beach Police Department (561) 243-7888 Fax (561) 243-7816 fill; 1993 MEMORANDUM TO: David T. Harden, City Manager ~ /,~ / FROM: Richard G. Overman, Chief of Police DATE: July 16, 1998 SUBJECT: BLOCK GRANT Per the requirements established by the Bureau of Justice Assistance (BJA) for the Local Law Enforcement Block Grant Program, the Advisory Board met this date to review the plan for the available funds. The following is a list, with estimated costs, of the approved requested funding: 1. Volunteer Program $25,000.00 Costs associated with the operation of the Department's Volunteer Program. 2.a. Overtime To offset the annual cost to the City of unfunded/short funded overtime in conjunction with police operation. 2.b. Overtime 35,000.00 To support fielding of our computer system to department personnel and its associated systems 3. Pole Camera 35,000.00 Surveillance systems - we would prefer to brief you in person on this item should you have questions. 4. Body Bug 4,000.00 This item used during undercover operations. SUBJECT: BLOCK GRANT July 16, 1998 Page 2 5. Unitel Receiver 2,000.00 This equipment allows multi undercover officers to monitor the body bug from several locations at the same time. 6. Laser radars (2) 9,000.00 The BJA grant is $166,508.00, plus the required City match of $16,650.80 (10%), making a total of $183,158.80 available to the department. The costs listed above are only estimates at this time; however, the department feels the final will be very close to the stated amount. Should you have any questions, please contact me or David Junghans (x7852). This will be on the City Commission's agenda for the July 21, 1998 meeting. ppt DI:LRAY BEACH Delray Beach Police Department (§61) 243-7888 Fax (§61) 243-78~6 ~MO~UM TO: City Manager David T. Harden FROM: Admin. Srvcs. Director D. Jungha sn~, DATE: July 17, 1998 SUBJECT: CITY GRANT MATCH At the direction of Chief Overman, I am today requesting the City support the required matching funds for the Bureau of Justice Assistance Block Grant, that amount being $16,651.00. vls cc: City Treasurer Becky O'Connor LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM ADVISORY BOARD MEETING July 16, 1998 1000 hours Chief's Conference Room PRESENT: Chief Richard Overman, (Chairperson), Administrative Services Director David Junghans, Police Legal Advisor Catherine M. Kozol, Pine Elementary School Principal Pat Asuncion, Winston Hudson of MAD DADS, and Lanelda Gaskins David Junghans explained that the City of Delray has been approved for a $166,508.00 grant by the Bureau of Justice Assistance. This grant is given to municipalities base on level of crime. The City would have to come up with 10% matching funds, which is $16,650.80. The total grant would be $18,158.80. The Department would like to spend the money for items such as volunteer program, pole camera, body bug, overtime (COmputer program & special operations), receiver and two (2) laser radar. The Department will submit at the next City Commission meet for its approval of the expenditures. The grant has to be submitted to the Bureau of Justice Assistance by July 30, 1998. The public hearing will take place at the City Counsel Meeting on Tuesday, July 21, 1998. The following is a list of those items to be requested for funding: 1. Volunteer Program $25,000.00 Costs associated with operation and upgrading vehicles. Currently the Police Department ]'~as 3., 200 -¢o].u~t:ee~s. 2. Pole Camera $35,000.00 Portable Surveillance 3. Body Bug $4,000.00 Cost associated with officers safety. This would allow the officers hear and be aware of critical situations at all times. 4. Overtime $110,158.80 a. Computer Program $35,000.00 Bring in help (employees) with computer knowledge to assist with computer equipment. b. Operation $75,158.80 5. Receiver $2,000.00 Officers safety device. 6. Laser Radar (2) $9,000.00 Chief Richard Overman requested the approval of the plan and the committee approved the plan as recommended. Meeting concluded at 1021 hours, same date. Ibg AGENDA REQUEST Request to be placed on: Date: July 14. 1998 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda When:~ Description of item ' ~~-~'~i Authorization and approval to issue subsidy t _ gible applicants under the Delray Beach Renaissance Program totaling $ 34.350.00 ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommend~ approval of subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership Program (SHIP) and HOME Investment Partnership dollars. SHIP total $ 24,350.00 Account # 118-1924-554-83.01 HOME total $10,000.00 Account # 118-192~-554-83.01 Department Head Signature: ~~~~'~ -- / City Attorney Review/Recommendation (if apl~licable): Budget Director Review (required on all items involving expenditure of funds): Funding Available:~ 9 ] ' I' / e}~' Funding Alternatives: ' .(if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: /NO Hold Until: Agenda Coordinator Review: Received: [lt~fi ,' ,~ ~~~ . Placed on Agenda: ,_~ ~,, Action · Approved/Disapproved s:\commun-l\cd\renprgm\comagend.doc Memorandum TO: David Harden, City Manager FROM: Michael Simon, Interim Community Development Coordinator THRU: Lula Butler, Community Improvement Director lf/~ DATE: July 15, 1998 SUBJECT: Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidy to three eligible applicants under the Delray Beach Renaissance Program. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. An agreement to extend the program for one additional year has been approved by all partners and the City Commission. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period accounting to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less than $40,000 per unit are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION Staff is recommending City Commission approval to fund subsidy for the three eligible applicants of the following property: Lot 11, Block 5, Rosemont Park / $6,150.00 Lot 21, Block 6, Rosemont Park / $15,800.00 Spanish Wells Cond. 1, Unit A / $12,400.00 s:\communXrenprg\comagend.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68,01 NAME Lionel and Emily Cornish PROPERTY ADDRESS 7xx SW 7th Avenue. Delray Beach LEGAL DESCRPTION Lot 11. Block 5. Rosemont Park % OF AREA MEDIAN HOUSEHOLD INCOME 76 # IN HOUSEHOLD 3 COST OF CONSTRUCTION $70,650 COST OF LOT $ 9,000 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 75,600.00 Communi .ty Finance Consortium RATE 6.525 % LTV 83 % SECOND MORTGAGE $ City of Delray, HQME $ 6.150.00 City. of Delray. SHIP $ CRA of Delray $ Housing Authority_ THIRD MORTGAGE $. Federal Home Loan Bank GRANT $. HTF "A" APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $ 1.398.00 TOTAL TRANSACTION $ 83,953.00 s:\communh'enprg\sbreq.~.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.01 NAME Phyllis Willingham PROPERTY ADDRESS 6xx SW 6th Avenue. Delray Beach LEGAL DESCRPTION Lot 21. Block 6. Rosemont Park % OF AREA MEDIAN HOUSEHOLD INCOME 56 # IN HOUSEHOLD 2 COST OF CONSTRUCTION $82.250 COST OF LOT $11.000 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 77,400,00 Community Finance Consortium RATE 6.525 % LTV 83 SECOND MORTGAGE $ 10.000.00 City of Delray. HOME $ 5,800,00 City of Delray. SHIP $ CRA of Delray $ Housing Authority. THIRD MORTGAGE $ 4.200.00 Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $ 1.016.00 TOTAL TRANSACTION $ 99.221.00 s:\commun\renprg\sbreqpw.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION NO CENSUS TRACT 69.05 NAME Angela Wilkerson PROPERTY ADDRESS 3112 Spanish Wells Drive. Unit A LEGAL DESCRPTION Spanish Wells. Condo 1. Unit A % OF AREA MEDIAN HOUSEHOLD INCOME 74 # IN HOUSEHOLD 2 COST OF UNIT $73.900 PRO~ECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 62.800.00 Bank Atlanticance Consortium RATE 6.525 % LTV 83 % SECOND MORTGAGE $ City of Delray. HOME $ 12.400.00 City of Delray. SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $ 1.000.00 TOTAL TRANSACTION $ 77,005.00 s:\commun~renprg\sbreqec.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'] SUBJECT: AGENDA ITEM # ~G-REGULAR MEETING OF JULY 21, 1998 SERVICE AUTHORIZATION #4/SHEREMETA ASSOCIATES, INC. DATE: JULY 16, 1998 This is before the Commission to approve Service Authorization #4 in the amount of $47,550.00 with Sheremeta Associates, Inc. for the design of utility improvements and street resurfacing and/or reconstruction along the N.W. 3rd Street corridor from N.W. 3rd Avenue to N.W. 10th Avenue. The scope of work includes preliminary and final design, bidding/negotiation and permitting services, and is based on a construction budget of $500,000. The proposed improvements along the corridor include positive drainage, water main upgrades, resurfacing and/or reconstruction of certain streets and, if needed, sanitary sewer upgrade. Funding will be from 448-5411-538-63.69 (Stormwater Utility Fund - Spady Area & N.W. 3rd Street). Recommend approval of Service Authorization #4 with Sheremeta Associates, Inc. ref:agmemo6 Agenda Item No. ~' ~ · AGENDA REQUEST Date: 15-Jul-98 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: 21-Jul-98 Description of item (who, what, where, how much):_A.D.Droval/authorization for Mayor to execute Service Authorization ~ with Sheremeta Associates. Inc. This Service Authorization is for design of utility_ improvements and street resurfacing/reconstruction along the NW Srd Street corridor from NW 3rd Avenue to NW 10th Avenue. The cost of this Service Authorization is $47.550.00. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~ed oh, a~te~s,~ol~ling ~xpenditure of funds): Funding available: (~,=_~NO Funding alternative~-- L,." - .(if applicable) Account No. & Description 448-5411-538-63-69 Spady Area/NW 3rd St. Account Balance $446.600,00 City Manager Review: Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: s:\...\projects\98\98-047\official\agenda02.doc City Of Delray Beach. Department of EnvironmentalServices MEMORANDUM TO: David T. Harden, City Manager FROM: Randal L. Krejcarek, P.E., City Engineer/~.~// DATE: 15-Ju1-98 SUBJECT: NW3rd Street Improvements General Civil Consulting Service Authorization ~t4 Sheremeta Associates, Inc. Project ft98-047 The attached agenda item is for design of utility improvements and street resurfacing/reconstruction along the NW 3rd Street corridor from NW 3rd Avenue to NW 10th Avenue. The proposed improvements along this corridor include: 1. Providing positive drainage for area bounded on the East by NW 3rd Avenue; on the West by NW 8th Avenue; on the South by NW 3rd Street; and on the North by NW 4th Terrace. 2. Upgrading watermains: a. NW 7th Avenue from NW 3rd Street to NW 4th Street; b. NW 3rd Street from NW 10th Avenue to NW 5th Avenue 3. Resurface/reconstruct streets: a. NW 3rd Street from NW 10th Avenue to NW 3rd Avenue; b. NW 4th Terrace from NW 8th Avenue to NW 6th Avenue; c. NW 8th Avenue from NW 3rd Street to NW 4th Terrace 4. Upgrade sanitary sewer, if needed. The total cost of this Service Authorization is $47,550.00 Funding is from account ~.448-5411-538-63-69 enc. cc Richard Hasko, P.E., Director of Environmental Services s:l... ~projects~98t98-O47~officiallagendaO2. mem SHEREMETA ASSOCIATES, INC. CITY OF DELRAY BEACH EXHIBIT A CONSULTING SERVICE AUTHORIZATION DATE: SAI PROJECT NO. 98114 SERVICE AUTH. NO. FOR CONSULTING SERVICES CITY P.O. NO. 98-047 CITY EXPENSE CODE TITLE: N.W. Area Drainage Improvements - Basin 1 & Basin 6 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: A~eement for General Civil/Sanitary Consulting Services I.PROJECT DESCRIPTION See Page 2 of 5 II.SCOPE OF SERVICES See Page 2 of 5 See Page 4 of 5 and Exhibit B IV. COMPLETION DATE Preliminary Design - 1 month after Notice to Proceed Final Design - 1 month after approval of Preliminary Design Governmental Permitting - 1 month after approval of Final Design Bid Phase - N/A Construction Phase - N/A Page 1 of 5 N.W. AREA DRAINAGE IMPROVEMENTS Engineering Contract I. Project Description: The project involves the installation of storm drainage improvements within Basin 1 and Basin 6. Additionally, the project involves installation of water mains and street reconstruction/resurfacing within the subject area. 1. Provide positive drainage, to supplement existing improvements, for area bounded on East by N.W. 3~ Avenue; on West by N.W. 8"` Avenue; on South by N.W. 3~ Street; and on North by N.W. 4"` Terrace. Provide ,:: connection of positive storm drain to existing detention basin North of ·: Spady Elementary School. 2. Water main: a. N.W. 7a Avenue fi.om N.W. 3~ Street to N.W. 4"` Street b. N.W. 3"~ Street fi.om N.W. 5"` Avenue to N.W. 10"' Avenue 3. Street resurfacingtreconstruction: a. N.W. 3"~ Street fi.om N.W. 3~ Avenue to N.W. 10"` Avenue b. N.W. 4"` Terrace fi.om N.W. 6"` Avenue to N.W. 8"` Avenue c. N.W. 8"' Avenue fi.om N.W. 3~ Street to N.W. 4"` Terrace II. Scope of Services: A. Phase I - Study and Report Phase Not Included. B. Phase H - Preliminary Design Phase 1. Consultant shall perform a review and analysis of design parameters and values established in previous design report(s) and prior phase documents and verifiy system requirements in conjunction with advice fi.om City staff. 2. Consultant shall prepare preliminary design of proposed improvements as well as preliminary engineer's cost estimate. Page 2 of 5 C. Phase III - Final Design Phase 1. Consultant shall prepare final engineering plans and construction documents for the project as required under Section HI-C of the Agreement for Engineering Services with the City, dated July 25, 1995. 2. Engineering plans shall be prepared at a l" = 20' horizontal scale using either single or double panel plan/profile format; with 1" = 2' vertical scale. Plans shall include a Cover sheet with sheet index and conforming to standard City requirements; Master Plan sheet indicating overall project limits and relation- ship of plan/profile sheets; plan/profile sheets, as required, illustrating all existing and proposed project elements referenced by station and offset from the baseline construction; and detail sheets conforming to the requirements of the current City of Dekay Beach Minimum Construction Standards. 3. Contract documents consisting of"front end" documents and technical specifications shall conform to City of Dekay Beach standards. 4. Plans shall be submitted for City review at 30%, 60%, 90% and 100% stages of completion. 5. Consultant shall acquire all necessary permits for construction of the project. Permit fees will be paid by the City or, alternatively, may be paid by the consultant and invoiced to the City as a reimbursable expense in accordance with contract requirements. 6. Plans shall be prepared in AutoCAD format (current City version) with final plans being submitted to the City in original reproducible format and electronically in 3-1/2" disk format. 7. Prior to bidding, consultant shall provide final engineering construction cost estimate for the project based on final engineering plans and quantities. D. Phase IV - Bidding/Negotiation Phase 1. Consultant will provide services in accordance with the requirements of Section IH-D of the Agreement with the City. E. Phase V - Construction Phase 1. Upon completion of the preliminary design phase, the consultant shall submit Addendum No. 1 to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City. Page 3 of 5 F. Other- Permitting 1. Prepare and process application and supportive documentation for modification to S.F.W.M.D. General Permit. 2. Prepare and process General Permit for Water Distribution System Extension with City Environmental Services Department and State Department of H.R.S. HI. Budget: Phase II - Preliminary Design $10,737.52 Phase HI - Final Design $ 27,341.30 Phase IV - Bidding/Negotiation 5,079.76 Subtotal Phase II thru Phase IV $ 43,158.58 Phase V - Construction (to be determined) Other- Permitting $ 4,391.10 Total Authorization $ 47,550.00 Phase H thru Phase IV- Fees are based upon a construction budget of $500, 000. O0 Page 4 of 5 This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorizatior[ If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELKAY BEACH: CONSULTANT: Jay Alperin, Mayor l~chaTd'W. Shere_~ Pres. _ Sheremeta Associate~, Inc. Attest Witness 5asa~/~"7' ~ ~ Approved as to legal sufficiency ss and form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this/~/Aday of ,T'td7' , 1998 by Kichard W. Sheremeta, Presidenf of Sheremeta Associates, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and did not take an oath. Page 5 of 5 SHEREMETA ASSOCIATES, INC. CITY OF DELRAY BEACH F_~It~IT Consulting Service Authorization Northwest Drainage Area Improvements Phase II - Preliminary Design Principal 24 hrs. x 93.75 = 2,250.00 Prof. Engineer 32 hrs. x 79.36 = 2,539.52 Proj. Engineer 56 hrs. x 55.50 = 3,108.00 CADD Ol~rator 40 hrs. x 50.00 = 2,000.00 Proj. Coord/Adm. 8 hrs. x 45.00 = 360.00 Clerical 16 hrs. x 30.00 = 480,00 Subtotal .... $10,737.52 Phase llI- Final Design Principal 70 hrs. x 93.75 = 6,562.50 Prof. Engineer 80 hrs. x 79.36 = 6,348.80 Proj. Engineer 100 hrs. x 55.50 = 5,550.00 CADD Operator 120 hrs. x 50.00 = 6,000.00 Proj. Coord/Adm. 24 hrs. x 45.00 = 1,080.00 Clerical 60 hrs. x 30.00 = 1,800,00 Subtotal .... $27,341.30 Phase IV - Bidding Principal 12 hrs. x 93.75 = 1,125.00 Prof. Engineer 16 hrs. x 79.36 = 1,269.76 Proj. Engineer 20 hrs. x 55.50 = 1,110.00 Proj. Coord/Adm. 15 hrs. x 45.00 = 675.00 Clerical 30 hrs. x 30.00 = 900,00 Subtotal .... $ 5,079.76 Total Phase II thru Phase IV ..... $43,158.58 Page 1 of 2 Phase V - Construction - N/A Other - Permitting Principal 10 hrs. x 93.75 = 937.50 Prof. Engineer 10 hrs. x 79.36 = 793.60 Proj. Engineer 20 hrs. x 55.50 = 1,110.00 C.ADD Operator 10 hrs. x 50.00 = 500.00 Proj. Coord/Adm. 10 hrs. x 45.00 = 450.00 Clerical 20 hrs. x 30.00 = 600,00 Subtotal .... $ 4,391.10 Total Lump Sum Fee ..... $47,550.00 Page 2 of 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~,~'f) SUBJECT: AGENDA ITEM # ~D - REGULAR MEETING OF JULY 21, 1998 REJECTION OF BIDS/FLEET MAINTENANCE SERVICE BAY DATE: JULY 15, 1998 This is before the Commission to approve the rejection of all bids received for the Fleet Maintenance service bay project. Ten bids were received, with the lowest responsive bid coming in at $171,485.80. Funding in the amount of $95,000.00 was allocated for this capital project in the CIP budget for FY 1999. While some design modifications can probably be made, they would not be significant enough to lower the cost to the amount allocated. Therefore, staff recommends that all bids received be formally rejected. Staff will reevaluate the project and possibly request funding at a later date. Recommend approval of the rejection of all bids received for the Fleet Maintenance service bay project. ref:agmemo5 Agenda Item No. AGENDA REQUEST Date: July 14, 1998 Request to be placed on: X Regular Agenda Special Agenda - Workshop Agenda When: July 21, 1998 Description of item (who, what, where, how much): Staff requests City Commission to reject all bids received on January 28,1998 for Fleet Maintenance Bay Project (97-23). Staff recommends rebidding the project as funds become available / for the above Recommendation: Staff requests ~/~ Commission reject a~ bids referenced project. 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: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved City Of - ,elray Beach · Department of Environmentai Services MEMORANDUM TO: David T. Harden, City Manager FROM: Howard Wight, Dep Dir ESD Constru/~..~ DATE: July 14, 1998 SUBJECT: Fleet Maintenance Service Bay (97-023) Rejection of Bids Ten bids were received for the above referenced project on January 28,1998..B.T. Builders, Inc was the lowest responsive bidder at $171,485.80. Staff has reviewed the bids, the scope of work and available funds° Based on the review staff felt that some design modifications to the building could be made. However, based on response from garage personnel it would diminish the intent and usage costs and would not be feasible. Additionally, the changes would not be substantial enough to lower the construction costs down to the to the funds allocated in the FY 98/99 CIP Budget for construction ($95,000.00). For the above reasons we are requesting that all bids received on January 28, 1998 be rejected. Enclosure cc: Bob Barcinski, Asst City Manager Robert Rehr, Fire Chief File: 9723a ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: Robert A. Barcinski Assistant City Manager From: Jos6 Aguila, A.I.A.~~'-' Construction Manager Date: February 3, 1998 Subject: Fleet Maintenance Service Bay Project No. 97-023 As you are aware, on January 28, 1998, the City received bids on the above referenced project. Ten bids were received as listed below. 1 Bragg Construction Corporation $161,910.00 2 B.T. Buiiders, Inc $171,485.80 3 A.V.I. Contractors, Inc. $199,010.00 4 Kyle Contractors, Inc. $204,510.00 5 RPM General Contractors, Inc. $205,960.00 6 Ranco Construction Corporat!on of South Florida $209,093.68 7 Struc Tech Engineering, Inc. $219,814.00 8 CoraI-Tech Associates, Inc. $232,810.00 9 J.M.W. Construction Corporation $235,000.00 10 Shoreline Foundation, Inc. $267,500.00 Since the bid opening, the Iow bidder, Bragg Construction Corporation, submitted a letter to the City requesting that' he be released from his bid due to the fact that he made an error in his bid resulting in a loss of $22,000.00. It appears as if he omitted the service reels. Article 13.2 of the Instructions to Bidders provides this opportunity to bidders as long as they act within 24 hours, which they did. I have attached a copy of his request. The second Iow bidder, B.T. Builders, Inc. appears to have all the necessary credentials to perform the work, even though I am continuing on the reference follow-up just to make sure. I feel that it is important to review the history of this project in relation to the budget vs. the bid amount. As you may recall, this building originally was assumed to be 24 feet by 64 feet, and no higher than the existing adjacent structure. The last cost estimate I prepared for your review was dated March 13, 1997, wherein I estimated the cost of the building at $120,000 to $150,000 exclusive of outside testing and engineering fees, as well as other consultant fees. As a direct result of project refinement, the building increased by 35% to 26 feet by 80 feet, and the height of the building was increased from 16 feet to 22 feet. This plus all the equipment (service reels, special electrical, etc.) which was not anticipated at the time of preliminary design, have caused the bid price of the -.... building to go beyond our budget. For your consideration, there are some elements of the project which you could either omit in their entirety, or postpone to a future date. Some of these options include, but are not limited to: · Delete the mop tub, eye wash and thus the oil/sand separator. · Delay the service reels to a future date, and consider two vs. three. · Reduce the number of electrical receptacles. · Review possibility of providing only two roof exhaust fans vs. three. At this time I am looking for your direction on how you wish me to proceed. I will continue with the reference follow-up pending your response. If you have any questions, please feel free to contact me at extension 7327. cc: David T. Harden Dick Hasko Hoyt Owens File 97-023 (A) e-~R9723~how2prcd Bragg Construction Corporation 2001 7th Avenue Nodh Telephone 561-585-5123 Lake Wodh, FL 33461 Fax 56!-585-5262 January 29, 1998 City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Aftn: Jose Aguila '... RE: Fleet Maintenance Service Bay, City Project No. 97-023 Dear Mr. Aguila, This leHer shall serve as Bragg Construction Corporations formal notice to withdraw our bid for the above referenced project. This notice is being submitted in accordance with Article 13.2 of Instructions to Bidders. The actual error occurred in the interpretation of the mechanical contractor's scope of work. Mechanical submitted a proposal (attached) indicating all plumbing portions on sheets M-I, M-2 and M-3. After post bid review, it has been discovered that all piping connections, fittings, hoses, hose reels and associated labor for air, grease and oils had been omitted from ISl Mechanical's bid. As you can see on the attached proposal, no mention was made of this work being excluded. I have also attached a copy of Jobber's quote, dated post bid, thereby indicating a cost for the excluded portion of work of $22,000.00. As is evident from our Subcontractors Ust (Article 10.4 of Instructions to Bidders), no line item for this work was indicated in our original bid. In addition, it is evident that the cost of said work exceeds our overhead and profit on this project. .: It is therefore our request that the City of Delray Beach take special consideration in granting Bragg ,~".". Construcfion's withdraw of bid and the return of the bid security. We apologize for any inconvenience this matter has caused the City and their employees and hope that our company might be further considered on future projects. Resp~"~ffuil.y b ' d O. ' ragg President cc: Bob BOrra Bonds FEB - 1998 MEMORANDUIVi EN INI ERING TO: Bob Barcinski, Assistant City Manager FROM: Hoyt Owens, Deputy Director Public Works DATE: February 4, 1998 SUBJECT: FLEET MAINTENANCE SERVICE BAY PROJECT NO. 97 - 023 I have reviewed Jose's 2/3/98 memo on the referenced subject and have the following comments: · Delete the mop tub, eye wash and thus the oil/sand separator. Comment: The mop tub is an essential fixture for housekeeping in the facility. The eye wash is a required safety item for daily operations. Consequently, the elimination of the oil/sand separator can not be implemented by City Code. Delay the service reels to a future date, and consider two vs. three. Comment: The installation of the service reels are essential for daily operations. All other bays in the current Fleet Maintenance facility have close proximity service reels. The elimination of the reels will greatly increase the time to service a piece of equipment re: use of hand lubrication guns, bringing containers full of oil to a vehicle by hand, bringing water to a vehicle by container to fill batteries, radiators or other components and dragging air hoses fi:om remote locations to a vehicle. This process would also contribute to trip hazards fi:om multiple hoses being present on the floor of the shop area. To reduce the trip hazards an employee could roll the hose after each use, however this process would further increase the man hours spent on vehicles over time. There does not appear to be any short or long term benefit by eliminating the reels. · Reduce the number of electrical receptacles. Comment: Electrical outlets are specified at 10' intervals. The cost reduction of a few duplex outlets is inconsequential for this discussion. · Review possibility of providing only two roof exhaust fans vs. three. Comment: I was under the impression that three roof exhaust fans were required by code to produce the proper number of air changes per hour for the facility. If this is not the case, then two (2) exhaust fans are acceptable. Bob Barcinski Memo - 2/4/98 Page 2 The proposed facility is not an extravagant work station. The current design is a basic drive through service bay that has essential personnel efficiency components incorporated into the facility. Any deviations or deletions from this basic set of principles will compromise daily efficiency that will ultimately cost more dollars in real time repair costs and future incorporation of the essential components, if deleted from the project at the inception. If you have any questions, please call. c: David Harden lose Angnila Fleet Service Bay File CITY OF DELRrlV BEACH CITY ATTORNEY'S OFFICE ~oo,~ ,., ^~,~,.. ~,.,~^~ ~,.^~.. ~,.o~,~^ ~,~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 AII.Ame~ca City 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Promotion of Brian Shutt The Charter provides that the Commission fix the compensation of the City Attorney and Assistant City Attorneys. A vacancy has been created in the Assistant City Attorney II position. I am recommending that Brian Shutt be promoted into the Assistant City Attorney II position with a 5% salary increase, and eligibility for the 401(a) retirement plan. Brian has been an Assistant City Attorney for approximately four years. Brian is a terrific lawyer and is handling the duties of the Assistant City Attorney II in a most competent and professional manner. He is an asset to the City Attorney's Office and the City. Brian currently makes $51,000.00 annually, and with the proposed increase, will be making $53,560.00 annually. By copy of this memorandum to David Harden, our office requests that this matter be placed on the consent agenda for July 21, 1998. cc: David Harden, City Manager Alison Harty, City Clerk rbsl .sar MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'I SUBJECT: AGENDA ITEM #~'~- REGULAR MEETING OF JULY 21, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JULY 17, 1998 Attached is the Report of Appealable Land Use Items for the period July 6th through July 17, 1998. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. ref:apagmemo TO: D,A')/ID T. ,!~AR, I~EN, CITY MANAGER THRU: , ACTING PLANNING DIRECTOR FROM: JASMIN ALLEN, PLAN~ER SUBJECT: MEETING OF JULY 21, 1998 ***CONSENT AGENDA*** REPORT OF APPEALABLE LAND USE ITEMS JULY 6, 1998 THRU JULY 17, 1998 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of July 6, 1998 through July 17, 1998. 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 (5 to 0), an amendment to the master sign program for Ocean City Lumber Complex, located at the southeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street. B. Approved with a condition (5 to 0), the architectural elevation/facade changes for the Sanderson Building, located on the south side of East Atlantic Avenue, between S.E. 6th and 7thAvenues. City Commission Documentation Appealable Items Meeting of July 21, 1998 Page 2 C. Tabled (5 to 0), landscape plan and elevations associated with a Class I site plan modification for the installation of a perimeter fence at the Drug Abuse Foundation of Palm Beach County campus, located at the southwest corner of S.W. 4th Street and South Swinton Avenue. The Board tabled the item in order for the applicant to submit revised plans addressing the landscaping, decrease in the height of the fence, and installation of a decorative gate adjacent to Swinton Avenue. It was the consensus of the Board that the revisions should be revisited by CRA Board members as the CRA Board has traditionally been opposed to the installation chain link fences along Swinton Avenue. D. Approved (5 to 0), a Class II site plan modification, landscape plan and architectural elevation plan associated with the construction of a 1,680 sq. ft. storage building at Abbey Delray, located at the southwest corner of Congress Avenue and Lowson Boulevard. E. Approved with conditions (5 to 0), the Class V site plan, landscape plan, and architectural elevation plan associated with the construction of a 3-unit townhouse development, Ocean Isles at Del-Raton Phase III, located at the northwest corner of Frederick Boulevard and Avenue H. Concurrently, the Board granted a waiver reducing the required right-of-way width for Avenue H from 60 feet to 50 feet, thus waiving the requirement for this property to dedicate 5 additional feet. F. Approved with conditions (5 to 0), the Class IV site plan modification, landscape plan and architectural elevation plan associated with the construction of a 64-unit apartment building at Laver's North, located at the northeast corner of Lindell Boulevard and Egret Circle, to be known as St. Tropez at Delray Beach. Concurrently, the Board granted a waiver to increase the drive aisle width from 26' to 50' at the main entrance to the apartment building. No Regular Meeting of the Board was held during this period. No Regular Meeting of the Board was held during this period. ':':':':'~'~'~'~': ~ ~ ' ......... ~'~'~ ....... ' ................. :':':':':: i 7 i ..................... :' ':':':~:i:~ i i ' ' i ................. :':':':':i:i:~:i:i ' ' [ ................ :':':::':':':':i:i:i:[:' i .............. ::::::::::::::::::::::::::::::: ......... :' ':':':'x:::x:::x~:i:i:i>:':<<<<- '>' '> <'x:z:::x::i:i:i:i:fi:i:i:i:i:i:i:i:i:i:i?i?'l By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR S,REAMBL"~. CITY COMMISSION MEETING OF JULY 21, 1998 L-30 CANAL ~ CZ ''J ~ LAKE IDA ROAD N.W. 2ND .I-- ' -~. ATLANTIC S,W. 2ND LOWSON BOULEVARD '"' LIN TON BOULEVARD L-58 CANAL C-15 CANAL CITY LIMITS ........... S.P.R.A.B.: A. - OCEAN CITY LUMBER COMPLEX B. - SANDERSON BUILDING { 1 MILE / C. - DRUG ABUSE FOUNDATION t i OF PALM BEACH COUNTY SCALE O. - ABBEY DELRAY E. - OCEAN ISLES AT DEL-RATON PHASE III N F. - ST. TROPEZ AT DELRAY BEACH CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- OllEIT,4L ~.45£ M,4P SY~JI'Et,# -- MEMORANDUM TO: David Harden, City Manager FROM: Hoyt Owens, Deputy Director Public Works .~~~ DATE: July 16, 1998 ~' SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JULY 21, 1998 PURCHASE AWARD - DESIGN SERVICES FOR ABOVE GROUND FUEL STORAGE TANK INSTALLATION ACTION City Commission is requested to approve the purchase of consulting engineering services via continuing contract from Hanson Engineers, Incorporated for the design, execution of construction permit documentation and construction administration services for above ground fuel storage tanks and accessory equipment at the Public Works Compound fuel facility in the amount of $14,500.00. Funding is available from account #334-6112-519-64.28 "Fuel Tanks - Public Works". BACKGROUND The City is under a mandatory schedule to replace all underground single wall steel fuel tanks not later than the end of December 1998. Consulting engineering services are needed to design, produce construction plans and specifications, execute construction permit documentation and provide construction administration in conjunction with the City for this project. RECOMMENDATION Recommend approval of the purchase of these consulting engineering services via continuing contract from Hanson Engineers, Incorporated for the Public Works Compound fueling facility modification in the amount of $14,500.00 with funding to come from account #334-6112-519-64.28 "Fuel Tanks - Public Works". a:fueltank.ist disk #1 Agenda Item Nco ~ ~ AGENDA REQUEST 7/16/98 Date: Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: 7/21/98 Description of agenda i~em (who, what, where, how much): CITY COMMISSION IS REQUESTED TO APPROVE CONSULTING SERVICE A~HORIZATION NO. 2 WITH HANSON ENGINEERS, INCORPORATED FOR DESIGN EXECUTION OF PERMIT D~UMENTATION AND CONSTRUCTION ADMINISTRATION FOR THE INSTALLATION OF ABO~__ GROUND FT~T. TANKS AT THE PUBLIC WORKS COMPOUND F~L FACILITY. FUNDING IS AVAILABLE AS FOLLOWS: 334-6112-519-64.28 "~EL TANKS- PUBLIC WORKS"@ $14,500.00 ORDINANCE/ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO Recommendation: APPROVE HOYT OWENS 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: ~ ~ ~{~DO City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved Sent By: HANSON ENfiINEER8, INC.; 56t 832 2608; Jui-16-98 2:5tPM; Page CONSULTING SERVICE AUTH( )RIzATiON DATE:_JUL¥ 1,6, 1998 : SERVICE AUTHORIZATION NO._2___FOR CONSUl 2INO SERVICES CITY P.O. NO. CITY EXPENSE CODE 32 .6112-519-64.28 TITLE;, Under~otmel ~-~el Tank lllel~l~t'~'rr~nt Proiect This Service Authorization, when executed, shall be ir~ :Orporated in and shall be~omc an integral p~rt of the Contract, dated luly 16. 1998 be~ :n the City of Delray Beach and ]-lRn~on ~n?in~ I~ _rpor~ra~d I. pROJECT DEgCR[FFION Remove three (3) cxisting 5000 gallon undergrou~ ::fuel gtoragc tanks and replace with two (2) double compartment 10,000 gallon above round fuel storage tanks. Work to be performed at the Public Works facility. II. _~COPl~ OF SERVICES Basic - Provide structural, me~hatllclll, glectrlc servic~ to pr~par~ ~omtn~on documents, Owner shall furnish all available eXisting project record documents, pertaining to associated site plan. HEI will )l~vide Structural, Mechanical and Electrical construction drawings and teclmical s~ :tiom. Owner shall bid project and distribute plans and $1~eifw-ationa. I-IEI will provi ~ 2 ~ts for review at $0% 'and rmal or permit. III. BUDGF_X A. Basic Services - $13,150,00 B. Bidding Assistance - $ 300.00 C. Construction Observation (3 Visits) - $ 750.00 D. Reimbursables - ~ Fee Total - $14,300.00 IV. COMPLETION DATE : Completion of design work shall be within 30 d~ 'si of contract acceptance by the City and provision of complete data to the Consultant. i 9ent By: HANSON ENGINEERg~ INC.; 581 832 2806; Ju1-t8-98 2:5tPM; Page 3/3 This service authorization is approved contingent Upon the City's acceptance of and satisfaction with the completion of the services r~ ndered in the previous phase or as encompassed by the previous service authorization ilf the City in its sole discretion is unsatisfied with the services provided in the prey ous phase or service authorization, the City may terminate the contract without in, urring any further liability. The CONSULTANT may not commence work on an ~service authorization approved by the City to be included as part of the contract with~ ~t a further notice to proc~-d, Approved by: CITY OF DELRAY BF.~CH: CONS' JLTANT'. Nan.~on Engineers, Inc, Date Date:_ 7116/9g .. By: ,. David T. Harden (Seal) City Manager Witne~ Witnc~ Attest: .... BEFORE Mt th~ foregoing instrument, this _~ day of ~ ,199, was acknowledged by ~ ~ on behalf of the Co~oration ~ nd said person executed the same free and voltr itaxily for the purpose there-in expressed, : Witness my 1~ md and seal in the County and State aforesaid this ~ .. day of ,1991. Notary Publi~ : State of Flori La My C )lnmission Expires: [IT¥ JIF I]I LIII:I¥ Bill[Il CITY ATTORNEY'S OFFICE ~oo,~,,, TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH Ali. America City MEMORANDUM 'llllJ July 17, 1998 993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Authorize Appeal in Tare Case Bill Doney advises that Lake Worth Drainage District (LWDD) is appealing the recent Court's ruling that requires LWDD and the City to file a separate Eminent Domain petition as a separate case. On advise of counsel, I am requesting City Commission approval to also file an appeal in order that we preserve our rights and position in the case. By copy of this memorandum to David Harden, City Manager, our office requests that laced on the July 21, 1998 consent agenda for approval. cc: David Harden, City Manager Alison Harty, City Clerk Bill Doney, Esq. tate 18. sar MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2q'AGERj SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF JULY 21, 1998 AWARD OF BIDS AND CONTRACTS DATE: JULY 17, 1998 This is before the City Commission to approve the award of the following bids and contracts: 1. Purchase award in the amount of $30,733 to American Earth Friendly, via Broward County Co-op Bid with the City of Deerfield Beach serving as lead agency, for recycled plastic park furniture and trash receptacles; with funding in the amount of $10,340 from 001-4131-572-63.90 (Parks Maintenance/Other Improvements) and $20,393 from 001-4131- 572-52.20 (Parks Maintenance/General Operating Supplies). 2. Bid award in the amount of $33,696.60 to Anything In Fence for the removal of existing broken chain link fencing and installation of new green vinyl coated fencing and components at Merritt Park; with funding from 118-1965-554- 63.40 (Community Development/Recreation Improvements). 3. Bid award in the total amount of $169,199.00 for base bid plus alternates #1 and #2 to Republic Construction & Development Corp. for the construction of the improvements at Pine Grove Community Park located on the south side of S.W. 10th Street adjacent to Pine Grove Elementary School; with funding from 117-4176-572-63.40 (Recreation Impact Fee/Pine Grove Park) and additional funding from Palm Beach County. 4. Bid award in the amount of $77,010.00 to Hausinger & Associates, Inc. for replacement of the backwash recovery pump at the Water Treatment Plant; with funding from 441-5161-536-64.90 (W&S New Capital Outlay/Other Machinery and Equipment). 5. Bid award in the amount of $24,628.80 to Henry Haywood for the Poinciana Heights Neighborhood Driveway Improvements project; with funding from 118-1974-554-49.19 (Neighborhood Housing/Housing Rehabilitation). 6. Purchase award in the amount of $13,991.00 to Van's Comfortemp for the emergency purchase of roof top air conditioning equipment with specified ancillary accessories for Fire Station #2; with funding from 334-6112-519-62.10 (General Construction Fund/R&R-Buildings). 7. Purchase award in the amount of $86,553.90 to Convault Florida, Inc., via State of Florida "State Negotiated Agreement Price Schedule" (SNAPS) contract, for the purchase of protected aboveground fuel storage tanks and accessory equipment for the Public Works compound fuel facility; with funding from 334-6112-519-64.28 (General Construction Fund/ Fuel Tanks-Public Works). 8. Purchase award in the amount of $18,504.65 to Lucent Technologies, Inc., sole source manufacturer, for equipment necessary to upgrade the existing audix voice power system (voice mail) at the Police Department; with funding from 001-2113-521-64.11 (PD Support/Computer Equipment) and 115-2112-521-49.90 (Special Projects/Other Current Charges/ Obligations). Recommend approval of the bid and contract awards listed above. ref:agmemo8 Agenda Item No.: ~/ AGENDA REQUEST Date: 3uly 13, 1998 Request ~o be placed on: Consent XX ~eg~i-~r Agenda Special Agenda Workshop Agenda When: June 21, 1998 Description of agenda item (who, what, where, how much): Purchase Award- Recycled Plastic Furniture and Trash Receptacles from American Earth Friendly Corporation at a total cost of $30.733 via the Broward County Co-op Bid #1996-97/13 with the City of Deerfield Beach serving as lead agency. ORDIN~kNCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to ~nnerican Earth Friendly at a total cost of $30:7%3 serving as lead agency. account Department Head Signature: Determination of Consistency wit reh sive : City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~/ NO ~I'~~~A~~/~x~ Funding alternativg~-r~-. ~.~ /~_k~OI~-~ (if applicable) Account No. & Description: Account Balance: City Manager Review: Appr°ved f°r agenda: ~/ NO ~i! L Agenda Coordinator Review: ~~~~ Received: ~ ~ &~~ Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph Safford, Finance Director DATE: July 13, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING JUNE 21, 1998, PURCHASE AWARD RECYCLED PLASTIC PARK FURNITURE - TRASH RECEPTACLES Item Before Commission: The City Commission is requested to approve the award for the purchase of recycled plastic park furniture and trash receptacles to American Earth Friendly Corporation at a total cost of $30,733 via the Broward County Co-op Bid #1996-97/13 with the City of Deerfield Beach serving as lead agency. Background: The Parks and Recreation Department has a need to replace park furniture at several locations within the City as the current furniture and trash receptacles are of several styles and designs and have corroded over the years. This recycled furniture is available from American Earth Friendly Corporation via the Broward County Co-op Bid #1996-97/13. See attached facsimile transmittal sheet from City of Deerfield Beach (serving as lead entity for this Co-op Bid). The Director Of Parks and Recreation recommends award to American Earth Friendly Corporation as stated in the attached memo dated July 1, 1998. The vendor has agreed to extend to the City of Delray Beach the same prices as awarded to them by the Broward County Co-op. See attached fax to Parks and Recreation dated July 02, 1998. Recommendation: Staff recommends award to American Earth Friendly Corporation at a total of $30,733 via the Broward County Co-op Bid #1996-97/13 with the City of Deerfield Beach serving as lead agency. Funding from account codes #001-4131-572-63.90 for $10,340 and #001-4131-572- 52.20 for remaining amount of $20,393. Attachments: Memo From Parks And Recreation Dept. Facsimile From City Of Deerfield Beach Facsimile From American Earth Friendly Corporation DELRAY BEACH Paiks 6 Recreafi °n MEMORANDUM TO: dackie Rooney, Purchasing Supervisor FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Purchase of Recycled Plastic Furniture DATE: July 1, 1998 Attached please find a copy of a letter from the Purchasing Department of Deerfield Beach indicating that the contract for the purchase of recycled plastic products from American Earth Friendly has been extended through dune 30, 1999. At the present time, many of the benches, trash receptacles, and picnic tables within our parks are a mish-mash of different styles and designs, many being made from metals that have corroded over the years. We are in the process of replacing this furniture with one of consistent design and color, made out of recycled plastic which has a much longer life than metal. We wish to purchase the following for a total of $30,733: 1.) 39 loveseats, model #RPLS-4 at $359 each for a total of $14,001. 2.) 31 trash receptacles, square with slant top, model #RPTRFT at $299 each for a total of $9,269. 3.) 17 - 6' picnic tables, model #RPDPT-ADA6 at $439 each for a total of $7,463. For your information, this furniture will be at the following locations: Beach - 14 loveseats Anchor Park - 4 loveseats, 4 trash receptacles, 2 - 6' picnic tables Atlantic Dunes Park - 8 trash receptacles Sandoway Park - 6 loveseats, 5 trash receptacles Veterans Park - 15 loveseats, 14 trash receptacles Barwick Park - 5 - 6' picnic tables Knowles Park - 5 - 6' picnic tables Lake Ida - 5 - 6' picnic tables 50 Northwest 1 st Avenue · Delray Beach, Florida 33444 (561) 243- 7250 · Fax' (561) 243-7268 These should be charged to account #001-4131-572-63.90 in the amount of $10,340 and #001-4131-572-52.20 in the amount of $20,393. The color is to be light gray with dark gray trimming. Please place this on the agenda for City Commission consideration. Jo~(~eldon DireCtor of Parks and Recreation Attachment cc: Ray Eubank Parks Superintendent JW:cp Ref:jrplsfrn LOVESEAT 6' PICNIC TABLE **NOTE: Ail furniture will be gray framed in dark gray. SENT BY: 6-30-98 ; I:04PM ; PURCHASING DIVISION- ~-4072437166;# 2/ 4 150 N.E. Second Ave. nu~ Deer~c. ltl Beach, I,'h, ritla 33441-3598 'l~lephone (954) 4.~0-4200 l"a~ (954) 480-426[I <: ~' / April 24, 1998 I:~ I~ IE R F I E L p B E ,,~ ~ e..w Mr. Michael J. Hazlett, Vice President American Earth Friendly, Inc. 542 S.E. 5~h Avenue Delray Beach, Florida 33483 Dear Mr. Hazlett: The Broward Cooperative Purchasing Group Bid for Recycled Plastics (City of Deerfield Reach acting as lead agency) is due to expire on June 30, 1998. Under the terms of the bid, there are two (2) additional twelve (12) month extension options available, providing mutual consent exists between the City and your company_ All terms, conditions anti specifications are contained within #1996-97/13. The City would like to exercise the first of the twelve (12) month renewal option6. If it is accepted and approved by the City Commission, it will begin July 1, 1998 and run through June 30, 1999. Please advise if a one-year extension period of our current contract is acceptable to your company. Kindly indicate the appropriate information below and return this letter to my attention: City of Deed'mid Beach Purchasing Division, 210 Goolsby Boulevard, Deerfield Beach, FL 33442. On behalf of the City of Deerfield Beach, we lock forward to continuing our long and successful association with your company. If you have any questions concerning this letter, please contact me at (954) 480- 4380. SinceTY. , _ -' ~/~Onna M. Councl Purchasing Agent ~e~yuJ' Albert I¢. ¢;al~.llini? ['.E. ./ t,~,;~, a4,,y,,,- V' YES, I hereby agree to a twelve month extension of the bid. NO, I am unaj~le te prqyide a twelve month extension of the bid. ,: ....... An~adet, 'l¥;,,,~h;talla ~'Dat~ ' ¢:i,, - ...... .,,,- /~¢~&~ ...~: ~ For: American Earth Friendly attachment: Recommended Award Items 151L~ ~ U~u-~//lJ - Recycled Plastic Lumber Products - 5/7/97 Recommendation of Award :led Lumbe¢, 100% High Densll'/Polyethylene (HOPE) ~ mE. ~ESC.,.~O. ~.,~' TOTAL ~1 P.o~ucT X':2'IRecyc~ed Lumber. Plasuc. 100% HOPE .... " 51.01/LF $ 1.01 7/8X2-t;5 #12 Recycling Revolution I' X 3' Recyc~umber, Plastic. 100'/, HOPE $1.06/LF $ 1.06 7/8X2-7/8 #13/ Recycling Revolulion 4' Recycled Lu'u'u'u'u'u'u'u'u'u~r. Plastic, 100% HOPE $1.03/LF $ 1.03 3/4X3-I/2 ~ Recyc,ng Revolution 1' X l' X 6' Recycled Lumber.~:~ta~.~0% HOPE $1.56/LF 5 1.56 3/4x5~1/2,~,,~'"'~ #16 Recychn.c Revolution Recycled Lumber. Plastic, I~DPE NO BID 1' X 10' Recycled Lumber. Plastic. 100% HOP~,~. NO BI'D :' X ;2' Recycled Lumber. Plastic. 100% HOPE ~ NO BID 2- X 2' Recycled Lumber. Plastic. 100% HDPE~ $ .95/LF ',,~ 0.95 ZX2 ~2_2 2' X 3' Recycled Lumber. Plastic. 100% HOPE~! LF 5 1.29 1-1/2_X2-1/2 #23 Recyctin9 Revolul~or, 2- X 4' Recycled Lumber. Plastic. 100% HOPE ~,,,"~2.0~"~ ~ 2.02 1.112X3-1;2 #24 Recycling RevolutiOn Plastic. 1005'o HOPE ~ NO BID 2-X 5' Rec~. lecJ Lumber. 2- X 6' Recycled Lumber. Plastic. 100% HDPE ~/' $3.03/LF ' $ 3.03 1-1~/1 -112 fl26 Recycling Revolution 2- X 8' Recycled Lumber. Plastic. 100% HDPEJ ~4.27/LF $ 4.27 1-1/2X7-1/z'~'" ~ #28 Recychng Revolution 2- X 10' Re,~led Lumber. Plastic. 100%~__/ $5.28/LF $ 5.2.8 1-1,"2-X.c-1/8 ,~ Recycling Revolution 6'X 6' Recycled'/L~r. Plastic,"'- 100% HDPE-- $8.71/LF $ 1,916.20 5-112.X5-1/2 ~66 Recychng Revolution 3]4' ~ X 8' Recy~ed Plastic Sheet Goods. 100% HOPE $ 123.90 $ 123.90 4XBX314 ~,4875 Recycling Revolution ir2. Recycled Lumber, Mist- 10~/~, High Density Polyethylene HOPE StZF. I ITEM DESCRIPTION UNIT i TOTAL I SIZEI PRODUCT I VENDOR 12 Sq. In. IRecycJed Lumber. Plastic Cross SeC'dons. 100% HOPE NO BID I 20 Sq. 'in. ]Recycled Lumber, Plastic C~'oss Sections.lO0% HOPE NO BID I 24 Sq. In. IRecyc~ed Lumber. Plastic Cross Sections.lO0% HOPE NO BiD ~'3-Recycled Curb Stops~ Picnic Table~ Benches, Bicycle Raclcs, Trash Recept, Planters, 100% H] Ih Density Polyethylene HOPE SIZ~ ITEM DESC~IP330" I UNIT' I TOTAL I SIZ~ Recyc~ea Plastic Curb Stop. Wlnite. 100% HOPE $ ~.05 $ 22.05 4'X4'X6' #SCSW The RecycJing Revolution Recycled Plastic Curb Stop. Yellow. 100% HOPE $ 22.05 $ 22_.05 4'X6'X6' #SCSY The Recycling Revolution Recy",Jed Plastic Curb Stop. Handicap Blue. 100% HDPE $ 22.05 S 22.05 4'X6'X6' #SCSHB The Recycling Revolution 6 fL 100% Post Consumer. Standard Picnic Table, HOPE $ 370.50 S 22.971.00 ASSEMBLED ,~PT600 The RecycJing Revolution 6 ft. 100% Post Consumer. Standard Picnic Table, HOPE $ 329.00 $ 20.398.00 UNASSEMBLED #FP1010 Geneva Scientific 8 ft. 100% Post Consumer. Stanclard Picnic Table. HDPE $ 498.00 $ 498.00 ASSEMBLED #SPTBO0 The Recycling Revolution 8 fL 100% POSt Consumer. Stanclard piC~c Table. H~)PE S 389.00 $ 3&9.00 UNASSEMBLED #FP1030+E40 Geneva Scientific 6 fL 100% Post ConsUmer, Handicap Picnic Table, HDpE $ 439.00 $ 3,073.00 . ASSEMBLED #RPDPT-ADA6 AmenCan'Earthly Friendl~ 6 fL 100',; Post Consumer, Handicap Picnic Table. HDPE $ 435.00 $ 3.052.00 UNASSEMBLED #SPTBHA- The Recycling Revolution 8 fL 100% Post Consumer, Handicap Picnic Table. HOPE $ 389.00 $ 389.00 UNASSEMBLED #FP1030 Geneva Scientific 4 ft. Star~ard ~ench With No Back. 100% HOPE $ 121.50 $ 121.50 ASSEMBLED /;~SMB400 The Recycling Revolution 4 fL Stanoar~ Benct't With No Back. 100% HDPE $ 96.50 $ 96.50 UNASSEMBLED #SMB400 The Recycling Revolution 5 fL St'-,ndard Bench With No Back. 100% HDPE S 139.80 $ 139.80 ASSEMBLED #SMB500 The Recycling Revolution 5 fL Starx3a~ Ben,..'"'q With No Back. 100% HOPE S 114.80 $ 114.80 UNASSEMBLED ,~L.~MB500 The Re."3~Jmg Revolution 6 ft. Standard Bench With fib Back. 100% HDPE $ 157.60 $ 157.60 ASSEMBLED #SMB600 The Recycling Revolution E & Stan"l:~rd Bench With No Ba~ 100% HOPE S 132.60 $ 132.60 UNASSEMBLED #SMBTO0 The Re.--yciing Revolution 8 ft. Stanclard Bench With No Back. 100% HDPE S 204.00 $ 204.00 ASS=_MBLED gSMB800 The Recy~ing Revolution 8 P~ StanOam Benc:~ With No Back, 100% HOPE $ 179.50 $ 179.50 ! UNASSEMBLED #SMBB00 The Recycling Revolution 4 fL Star~rc~ Benct~ With Back, 100% HDPE $ 161.50 ,~ 161.50 ASSCJ~BLED #SPB400 The Recychng Revolution 4 f:.. Stanaato Bench With Back, 100% HDPE ~; 136.50 $ 136.50 UNASSEMBLEO gSPB400 The Recycling Revolution 5 fi. Stanaami Benc~ With Back. 100% HDPE 5 18C.25 $ 5.567.50 ASSEMBLED #SPBS0O The Re_--'ycling Revoiut~on 5 fL Stanaa~ Bencl3 With Bat1,,. I00% HDPE 2 161.25 $ 4.837.50 UNA£SEMBLED =SPB500 The Re=y-,Jmg Revolution 6 E. Slan~ard Benct~ With Back;, 10(P/. HOPE S 221.00 $ 221.00 ASSEMBLED ~SPB600 The Recycling Revolution 6 ~. Star,,aarc Ben-h ~ith Ba:k. lO0%I-'IDPE E . 196.00 $ 195.00 UNASSEMBLED #SPB600 ,'The Re=v-olin9 RevolutiOn ',~noaro B'encn W,th Back. 100% HOPE S 290.00 $ 290.00 ASSEMBLED #SPBSO0 The Recychng Revo~L,'t~$n Standard Bench With Back. 100% HDPE $ 265.00 S 26.5.00 UNASSEMBLED ~PBS00 The Recychng Revolu'Jon With Back. 100% HOPE ~ S 299.00 $ 299.00 ASSEMBLED #RPPB-6 American Ear'mly. Fnenol.v' Pier Bench 6 ft. Pier Bench W~th Back. 100% HOPE,.J O,,i~J~_ S 300.00 S 300.00 UNASSEMBLED #PB6 The Recychng Revo~u,J,~n 8 ff.. Pier Bench V~th Back, 100% HOPE $ 400.00 $ 400.00 UNASSEMBLED #PBS The Rec'ychng 4 ft. BuS Stop Bench With Back. 100% HOPE $ 153.50 S 153.50 ASSEMBLED #DPB400 The RecycJ,ng 4 ft. Bus Stop Bench With Back. 100% HOPE 5 128.50 $ 128.50 UNASSEMBLED #DPB400 The Recycling Revo~ul::r. 6 fi,. Bus Stop Benc. n With Back. 100% HOPE $ 222.60 $ 22.2.60 ASSEMBLED #DPB600 The Recycling Revol~ ::~ 6 ft. Bus Stop Bench With Back. 100% HOPE $ 197.60- $ 197.60 UNASSEMBLED #DPB600 The Recychn~ 8 f',. Bus Stop Bench With Back. 100% HDPF $ 288.00 S 288.00 ASSEMBLED #DPBS00 The Recychng 8 fL Bus Stop Bench With Back. 100% HOPE $ 263.00 $ 263.00 UNASSEMBLED #DPBS00 The Recychn9 Revo~u'.;an 4 ft. ' Love Seat Bench With Back. ~ 00% HDPE _S ~)59.00 S 359.00 ASSEMBLED #RPLS4 American E~rthly Fder~ly~,,~ 4 fL Love Seat Bench With Back. 100% HDPE $ 320.00 $ 320.00 UNASSEMBLED #LS4 The Recycling Revolu~ox 6 f'.. Love Seal Bench With Back. 100% HDPE S 420.00 S 420.00 UNASSEMBLED #LS6 The Recycling 8 ft. Love Seat Bench With Back. 100% HDPE 5 530.00 $ 530.00 ASSEMBLED #LS8 The Rec,/chng Revo~,'~,'~n B P,- Love Seat Bench With Back. 100% HDPE $ 480.00 S 480.00 UNASSEMBLED #LS5 The Re~'~chng Revo,,YJ3:~ 4 ft. Bicy~e F~ck. 100% HOPE¢ ~--Y~/ $ 203.00 $ 203.00 UNASSEMBLED #BR400 The Recycling Revo,ubo~ 6 fL Bicycle Rack. 100% HDPE ~ ~/~/ S 304.00 $ 304.00 UNASSEMBLED #BR600 The Recychng Revol~Jor. Rack. ~00% HDPE ~-. --/A~u-~ $ 406.00 S 406.00 UNASSEMBLED #BRS00 The Recy~ng Revotu'uon ft. Bicy'Je 32 gal Trash Recegt, a~e, Square With Flat Top. 100%HOPE $ 430.00 $ 430.00 UNASSEMBLED /¢STR32 The Re~-'ycling RevoiLmon 55 gal. Trash Receptacle. Skirting. Round S 222.50 $ 222.50 UNASSEMBLED #RS55 The Re:'~ling RevoJu'uon 32 gal. Trash Recepta~e. Skirting, Round ~ Z,-~ o S 188.10 S 4.514.40 UNASSEMBLED #RS32 The Recycling Revolui;o~ 20 gal. Trast! Receotacle. Skirting. Round $ .158.00 S 158.00 UNASSEMBLED #RS20 The Recychng Revmulr~.~ :32 gal. Se~ Item #28 of Specs. S 209.00 $ 4.180.00 UNASSEMBLED #299-30HDP Amencan Park & Rec. 22' X 14' Planter. Square $ 304.70 $ 304.70 ASSEIVIBLED #PL22 The Recycling Revolut~o.~ 22" X 14' Planter. Square S 274.70 $ 274.70 UNASSEMBLED #PL2_2 The Recychng Revotu~on 16' X 10' Planter, Sduare S 270.90 $ 270.90 ASSEMBLED #PL16 The Recyrhng Revolu'uo~ 16' X 10' Planter. SQuare S 240.90 $ 240.90 UNASS~JVIBLED #PL16 The Recycling Revolu~o~ t2- X !6' Planter. SQuare S 256.80 $ 256.80 ASSEMBLED #PL~2 The Recychng Revolubon 12' X !6' Planter. Sduare S 226.80 $ 226.80 UNASSEMBLED #PL12 The Rec'ycling Revolut~o~ ~ - Recycled Lumber Post Consumer Co-mingled Plastic ..' -: : : . . TOTAL I SIZ~Ii ~ PRODUCT j VENDOR Recy:Jed Lumber, Plastic. Comlngled $ .93/LF $ 0.93 7/8X2-118 J ~?....~'-/~J The Recycling Revoluhon Re~5~cledLumbe~ $1.30/LF S ~ J I )~-J100612 J Polvwood. Inc. R~. PI~sI~C. C_omlngled ~ NO~ Re:ycled Lumber, Plastic. C,o, ngled NO BID ~ Recycled Lumber. Plastic. Core,hOled ~ S .§0/LF $ 0.60 1-1/2_X1-1;2 ~ Recycled Plastic Man R~.~cledLumber. Plas1~c. Com~gleO~ $ .77/LF $ 0.77 I-iI2_X~-1,l R.G.B/6',8'.10'L ~BTW(1) S..§9ILF $ 0.69 1-1/2X2-112 R.G 10' L BTVV Altemale (2) S .68/LF S 0.66 1-1;2X2-112 R.G 10' L. BTVV Ahemate (3) Reclt~Jed Lumber. PIBstlc. Cormngteo $1.03/LF S; 1.00 1-1/2X3-1/2 #L2_X4 Re~-'y.-leO Plastic t,lan $ .95/LF $ 0.95 1-1,'2X3-1,"2 R.G 10' L. BTVV Allemate (2) $ .g2/LF ' ¢. 0.92 t-~;'2.Xa-l/2 R.G 10' L. B,P.",' Allemate ,'3; Agenda Item No. AGENDA REQUEST Date: July 13, 1998 Request to be placed on: X Regular Agenda Special Agenda ~ Workshop Agenda VVhen: July 21, 1998 Description of item (who, what, where, how much): Staff request the City Commission approve a construction contract with Anything In Fence, the lowest responsive bidder, in the amount of $33,696.60, for the removal of existing broken chain link fencing and installation of new green vinyl coated fencing, through-out perimeter and proposed play area. Funding is available from the Community Development Recreation Improvements account No. 118-1965-554-63.40. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends th,~ity Commission approve the construction contract with Anything In Fence in the amount of $~.6~or replacement fencing at Merritt Park. Department head signature: ~/// Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (reoui[ed,_,, on all items involving ~~ of funds):, ~ Funding available:(YE,~uo ~-~ /~, -3 J,~ I o. ~ Funding alternatives~ applicable): ~ "-' / ~ ~ Account No. & Desc. dption 118-1965-554-63.40 C~ev., Recreation improvements Account Balance ,.~ ~ ,~-"~.?, 3 Z) .~-/--~., ~ · City Manager Review: Approved for agenda:~/NOHold Until: ~/~)L.-~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9565\agreq616 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Victor Majtenyi,/~/''~)'~'¥' ' Assistant Construction Manager Date: July 13, 1998 Subject: AGENDA REQUEST for 7/21/98 Merritt Park Improvements, Fencing Project No. 96-062 Attached is an Agenda Request for City Commission approval of award of contract to Anything In Fence for the replacement of chain link fence at Merritt Park. The project consists of removing and disposing of existing fencing, and installing new green vinyl coated fencing and components. On Tuesday, June 23, 1998, the City opened bids for this project, with the lowest responsive bidder being Anything In Fence. A check of the contractor's references proved favorable. A copy of the bid tabulation is attached. Therefore, staff recommends the City Commission approve an award of construction contract in the amount of $33,696.60 to Anything In Fence. Funding is available from 118-1965-554-63.40. cc: Howard Wight, Deputy Director of Construction File 96-062 (A) s\...\96062\agmem721 Agenda Item No. AGENDA REQUEST Date: July 16, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: July 21, 1998 Description of item (who, what, where, how much): Staff request the City Commission approve a construction contract with Republic Construction & Development Corp., the lowest responsive bidder with base bid plus alternates #1 and #2, in the amount of $169,199.00, for the construction of the improvements at Pine Grove Park. Funding is available from the Pine Grove Park, Recreational Improvements account No. 117-4176-572-63.40 with additional funding from Palm Beach County and Palm Beach County School Board. ORDINANCE/RESOLUTION REQUIRED: Not required° Recommendation: Staff recommends the City Commission approve a construction contract with Republic Construction & Development Corp.,//ih/~he amount of $169,199.00 for construction of the Pine Grove Park Improvements Project. ,,////.,..~ , Departmentheadsignature: /~ v ~ .,]/i/./~,~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r,~d on all items involving expenditure of funds): Funding available{, YET/NO Funding alternatiw~s-(if appli~-~l~'.' Account No. & Description 117-4176-572-63.40 Pine Grove Park, Recreational Improvements City Manager Review: ' ~.~ u , Approved for agenda: ~__~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~...\97030~agreq721 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager ,~///~///, From: Victor Majtenyi Assistant Construction Manager Date: July 16, 1998 Subject: AGENDA REQUEST for 7/21/98 Pine Grove Park Improvements Project No. 97-030 Attached is an Agenda Request for City Commission approval of award of contract to Republic Construction & Development Corp., for the construction of Pine Grove Park Improvements. The park improvements consist of a new covered pavilion with adjacent parking lot, landscaping and irrigation, fencing, and mulched walking paths, constructed at the southwestern area of the property. Alternates included green vinyl coated fencing and a rolling security gate. In addition, lighting and dugouts will be installed to the existing ballfield. On Tuesday, June 30, 1998, the City opened bids for this project, with the lowest responsive bidder being Regal Contractors Inc. with a base bid of $167,980.00. However, when both bid alternates are taken into consideration, Republic Construction & Development Corp. is the lowest responsive bidder in the amount of $169,199.00. A review of the attached bid tabulation would suggest an award of base bid plus both alternates as the better option. A check of the contractor's references proved favorable. Therefore, staff recommends the City Commission approve an award of construction contract in the amount of $169,199.00, base bid plus alternates #1 and ~2, to Republic Construction & Development Corporation. Funding is available from 117-4176-572-63.40 with additional funding provided by the County and the School Board. As a reminder, the tri-party agreement between the City, School Board and Palm Beach County has not yet been executed by Palm Beach County. The County expects the agreement to be executed by the end of August. As you know, the City has funded $100,000.00 (Acct~ 117-4176- 572-63.40) and the County $190,000.00 toward Pine Grove Park. Attached is a copy of the agreement previously approved by City Commission. CC'. Howard Wight, Deputy Director of Construction File 97-030 (A) s\...\97030~agmem721 --:-J,~-1998 9:12~,M PROi',I PL,-qI',,INII',IG ~J'.,IE'. P..EE,-'-qL ~S ~61 J.3a 818"7 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY OF DELRAY BEACH, AND THE SCHOOL DISTRICT OF PALM BEACH COUNTY FOR FUNDING OF DESIGN AND CONSTRUCTION OF PINE GROVE COMMUNITY PARK THIS INTERLOCAL AGREEMENT is made and entered into this day of , 'I 99~, by and between Palm Beach County, a political subdivision of the state of Florida, hereinafter referred to as the "COUNTY", the City of Delra¥ Beach, a Florida municipal corporation,-hereinafter referred to as "CITY", and the School District of Palm Beach County, a corporate body politic pursuant to the Constitution of the State of Florida, hereinafter referred to as "SCHOOL DISTRICT". WITNESSETH: WHEREAS, SCHOOL DISTRICT owns and operates Pine Grove Elementary School, located at 400 Southwest lOth Street in Delray Beach; and WHEREAS, SCHOOL DISTRICT desires to expand existing recreational facilities at the Pine Grove Elementary School playground adjacent to Elementary School, which will be named "Pine Grove Community Park"; and WHEREAS, CITY desires to perform design and construction of said Pine Grove Community Park; and WHEREAS, SCHOOL DISTRICT and CITY have asked the COUNTY to financially participate in the deve[opmem: of said Pine Grove Community Park to include design and construction of lighting for the existing baseball diamond, a group picnic pavilion, a walking path, and associated park improvements, hereinafter referred to as "the Project"; and WHEREAS, the Project represents one such recreation project enumerated in the $25.3 Million Parks Improvement Revenue Bond Issue, as amended, and one such project as allocated from District 4 Recreation Assistance Program reserves; and WHEREAS, CITY desires to operate and maintain the Project upon its completion; and WHEREAS, Pine Grove Community Park shall be open to and benefit all residents of Palm Beach County; and 7-10-1.998 9: 13Ai'.I FROI'.I PLANNING aND REAL ES 561 43Z 8187 P. 3 WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, each party desires to increase the recreational opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL S_e_ction .1..01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. .~.t~J3--~L.,.0~ The purpose of this Interlocai Agreement is to enhance recreational opportunities for use by the public and thereby provide a mechanism for the COUNTY to assist SCHOOL DISTRICT and CITY in the funding of the Project. Section 1.03 The COUNTY will pay to CITY a total amount not to exceed $190,000 for the construction of the Project as more fully described in the Project Description and Conceptual Site Plan attached hereto and made a part hereof as Exhibit "A", with $110,000 from the $25.3 Million Park improvement Revenue Bond and $80,000 from District 4 Recreation Assistance Program reserves. Section 1.04 CITY agrees to provide funding in an amount of $100,000 or greater tO complete the Project. : Sec_tion 1J35 The COUNTY's representative during the construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 966-6685. CITY'S representatJYe during the construction of the Project shall be the Director of Parks and Recreation, or his successor, telephone no. (561) 243.7251. SCHOOL DISTRICT's representative during the construction of the Project shall be the Executive Director of Facilities Management Services, or her successor, telephone no. (561) 434-8510. _Section 1,06 CITY shall construct the Project on the Pine Grove Community Park site at Pine Grove Elementary School, as more fully described in Exhibit "B" attached hereto and made a part hereof. PLANNING AND REAL ES 5t~1 ,.~3,~ 818T P. ,'~ Section 1.0~7 CITY shall utilize its procurement process for all construction services required for the Project. Said procurement process shall be consistent with ail federal, state and local laws, rules and regulations. The COUNTY shall have no contractual obligation to any person retained by CITY with regard to the Project. Any disputes, claims, or liability that may arise as a result of CITY's procurement are solely the responsibility of CITY and CITY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Chapter 768.28, Florida Statutes. ARTICLE :2: DESIGN AND CONSTRUCTION Section :~.O1 CITY shall be responsible for the design and construction of the Project. CITY shall design and construct the Project in accordance with Exhibit "A" (Project Description and Conceptual Site Plan}, attached hereto and made a part hereof, and with ail applicable federal, state and local laws, rules and regulations. Senti.on 2.02 CITY shall be responsible for securing all permits and approvals necessary to construct the Project. ~ Prior to CITY commencing construction of the Project, CITY shall provide a copy of all plans and specifications along with the associated costs thereof to the SCHOOL DISTRICT's and COUNTY's Representative for review of same to ensure consistency with the intent of this Interlocal Agreement. SCHOOL DISTRICT and COUNTY shall provide comments to CITY within thirty (30) days of receipt of said plans and specifications. Section :~.0~, CiTY agrees to complete the Project and CITY and SCHOOL DISTRICT agree to open same to the public for its intended use within twenty four (24) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon :: ;. notification to the COUNTY at least ninety (90) days prior to that date, CITY may :: ce. quest an extension beyond this period for the purpose of completing the Project. The COUNTY shall not unreasonably deny the CITY's request for said extension. ~_e..C,.T~J3_~,.O_~ CITY shall submit quarterly project status reports to the SCHOOL DISTIRCT's and COUNTY's Representative on or before each October 10, January 1 O, April 1 O, and July 10 during the construction of the Project. These Quarterly reports shall include but not be limited to a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by the COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01. The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by the COUNTY to CITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of CITY. In the event the estimated cost for the completion of the Project is more than the amount of appropriated funds, CITY shall designate additional funds, or adjust the project, subject to approval by the COUNTY, so that the cost does not exceed the amount of appropriated funds. The COUNTY shall not disburse any funds to CITY for the Project until .CITY has provided assurance the project cost will not exceed appropriated funds. Section 3.02 The COUNTY shall only reimburse CITY for direct project costs. The COUNTY shall pay reimbursable costs to CITY on a quarterly basis from the date of execution oS This Interlocal Agreement. For each requested quarterly payment, CITY shall provide to the COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual' Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by CITY and shall include the vendor invoice number; invoice date; and the amount paid by CITY along with the number and date of the respective check for said payment. CITY shall attach a copy of each vendor invoice paid by CITY along with a copy of each respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, CITY's Project Administrator and Project Financial Officer shall certify the total funds spent by CITY on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by CITY as indicated. Upon receipt of said forms and prior to payment by the COUNTY, the COUNTY's representative shall visit the Project site to verify and approve said reimbursement request. The COUNTY will use its best efforts to provide said reimbursement to CITYwi~hin forty five (45) days of receipt of the required information as listed above. :. Section 3.03 The COUNTY shall retain not more than ten percent (10%) of the total amount allocated to CITY for the Project until CITY completes the Project and the COUNTY receives and approves all documentation as required in accordance with this Intedocal Agreement. .~;_tJ_q_O.__~_d~ CITY shall provide a request for final reimbursement to the COUNTY no later than ninety (90) days following completion of the Project as certified by the Project Engineer. The COUNTY will use its best efforts to provide said final reimbursement to CITYwithin forty five (45) days of receipt of all required documentation in accordance with this lnterlocal Agreement. · 'T-I,~-.I'.-a'.~8 ~= 1SAH FRQH PLANNING ~NO REIL ES S61 .&3,'~ 8187 ; Section 3.05 The Project will be initiated by CITY on December 1, 1997. Those costs incurred by CITY subsequent to the date of said Project initiation are eligible for reimbursement by COUNTY pursuant to the terms and conditions in Article 3 hereinabove. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the property of SCHOOL DISTRICT. The COUNTY shall not be required to pay SCHOOL DISTRICT or CITY any additional funds for any other capital improvement required by or of SCHOOL DISTRICT or CITY. Section 4%.02 SCHOOL DISTRICT and CITY hereby warrant and represent that they have full legal authority and financial ability to operate and maintain said Project. SCHOOL DISTRICT and CiTY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. SCHOOL DISTRICT and CITY shall operate and maintain the Project for its intended use by the general public for a term of fifteen (15} years from the execution of this Interlocal Agreement by the parties hereto. SCHOOL DISTRICT and CITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. ~.~¢~s~Zj.~g_~._~. The rights and duties arising under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SCHOOL DISTRICT and CITY may not assign this ]nterlocal Agreement nor any interest hereunder without the express prior written consent of the COUNTY. Section z~.04 It is the intent of the COUNTY to issue this funding assistance to CITY and SCHOOL DISTRICT for the purpose set forth hereinabove. In the event ownership or management of the Project is transferred to a party or parties not now a part of this Interlofal Agreement, other than another governmental entity that agrees to assume, in writing, SCHOOL DISTRICT's and CITY's obligations hereunder, the COUNTY retains the right to reimbursement from CITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. 5 7-1.~_-199IS 9: 1SAr.1 FP, OI.I PLANNING AIXlO RE&L ES S61 4!.3& S187 P. 7 ARTICLE 5: USE OF THE PROJECT ~ SCHOOL DISTRICT and CITY warrant that the Pine Grove Community Park shall serve a public recreational purpose and be open to and benefit all residents of Palm Beach County on th'e'same cost basis. SCHOOL DISTRICT and CITY shall make Pine Grove Community Park available to the general public at reasonable times, except during normal day time school hours, or when being used by Pine Grove Elementary School for its activity programs. SCHOOL DISTRICT and CITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of Pine Grove Community Park. Se_ction 5.02 The term of this Interlocal Agreement shall be for a period of fifteen (75) years commencing upon the date of execution of this lnterloca[ Agreement by the parties hereto. SCHOOL DISTRICT a&d CITY shall restrict the use of the Project to recreational, educational or community use purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03. CITY shall affix a permanent plaque or marker in a prominent location at the completed Project indicating that the COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by the COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS " CITY shall maintain adequate records to justify all charges, expenses, and costs :':'"' incurred in estimating and performing the construction of the Project for at least l:'h'ree :,.. (3) years after the end of the fiscal year in which the final payment is released by the COUNTY, except that such records shall be retained by CITY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three (3) year period. The COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents, as required in this section for the purpose of inspection or audit. 7-1 k~-I 9gB 9: 'I 6A1',1 FP, OLI PLANNING AND P, EAL ES ~1 ,'1:S,:1 b31 ;::S7 P. 8 ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: As tc the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 As to the CITY: Director of Parks and Recreation 100 N.W. 1st Avenue Delray Beach, F1 33444 As to SCHOOL DISTRICT: Executive Director of Facilities Management Services School District of Palm Beach County 3320 Forest Hill Blvd. West Palm Beach, FL 33406 ,-.,; ARTICLE 8: TERMINATION FOR NON-COMPLIANCE The COUNTY may terminate this Interlocal Agreement upon thirty (30) days advance written notice to SCHOOL DISTRICT and CITY for non-compliance by SCHOOL DISTRICT or CITY in the performance of any of the terms and conditions as set forth herein and where SCHOOL DISTRICT or CITY does not cure said non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do so. Further, upon written notice, CITY shall reimburse to the COUNTY any funds provided to CITY pursuant to this Interlocal Agreement, either in whole or in part as determined by the COUNTY. 7 7-!.8-1998 9: 17AH F'~QI'I PLAiNN]:NG AND REAL ES r-,al J,34 8187 ARTICLE 9: ENFORCEMENT COSTS In the event that any action, suit or proceeding is commenced with respect to the interpretation or enforcement of this Interlocal Agreement, the prevailing party in such action, suit, or proceeding shall be entitled to recover all costs, expenses and fees including, without limitation, reasonable attorney's fees, incurred by such party in connection therewith in additiori to any other relief to which such party or parties may be entitled. ARTICLE 10: REMEDIES This Interlocai Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement wilt be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under [aw to enforce this tnterlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 11: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 12: INDEMNIFICATION ., - Within the extent permitted by law, SCHOOL DISTRICT and CITY shall indemnify and hold COUNTY harmless from and against any and all loss, suit, action, legal or administrative proceeding, claim, demand, damage, liability, interest, reasonable attorney's fee, cost and/or expense of whatsoever kind or nature arising in any manner directly or ',r, directly related to the performance of this lnterlocal Agreement. However, SCHOOL DISTRICT and CITY do not indemnify the COUNTY from and against any and all loss, suit, action, legal or administrative proceeding, claim, demand, damage, liability, interest, reasonable attorney's fee, cost and/or expense due to the COUNTY' negligence, nor shall the liability limits set forth in Section 768.28, Florida Statutes, be waived. Section 768.28, Florida Statues, shall control all issues including indemnification. 8 7-.1 ¢-- 1998 9: 17AH FROI'4 PLANN ]; NG aND REAL ES B61 ~.3,'1 8187 P. 1 E) oO ARTICLE 13: INSURANCE Prior to execution of this Agreement by COUNTY, SCHOOL DISTRICT and CITY shall provide either a certificate evidencing insurance coverages as required herein or a sl:al:ement of self insurance from the CiTY's and SCHOOL DISTRICT's Risk Manager. CITY and SCHOOL DISTRICT.shall, during the term of this Agreement and any extension hereof, maintain in full force and effect self insured or commercial general liability insurance, including contractual liability and completed operations liability, in the amounts specified in Section 768.2.8, Florida Statutes, to specifically cover all exposures associated with the Project and terms and conditions of this Agreement. Where permissible with respect to the above coverage, such policy shall include Palm Beach County as additional insured. AIl.~policies shall contain a clause providing COUNTY with at least thirty (30) days prier notice in the event of cancellation, non- renewal, or material adverse change in coverage. Compliance with the foregoing requirements shall not relieve CiTY or SCHOOL 01STRICT of their liability and obligations under this Agreement. -- ARTICLE 14: CAPTIONS //,~~/' ¢ / The captions and section designations herein set forth are for conveniend~,'only and shall have no substantive meaning. ARTICLE 15: SEVERABILITY If any term or provision of this Interiocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this intertocal Agreement, or the application of such term or provision, '.;' tO any person or circumstance other than those as to which it is held invalid or " .:,: u~.enforceable, shall not be affected, and every other term and provision of this "' in'terlocal Agreement shall be deemed valid and enforceable to the extent permitted by taw. ARTICLE 16: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY, the CITY, and SCHOOL DISTRICT, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Intertocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed b,/ d'~e parties hereto. / 7-19-1998 9:18A~'-1 ~P,O~-I PLANNING AND P,,EAL ES S61 J.:3'J. 8187 P. '11 IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written and shall not be enforceable unless signed by ali parties hereto. ATTEST: PALM BEACH COUNTY, BY ITS BOARD DOROTHY H. WILKEN, CLERK OF COUNTY COMMISSIONERS °o By: By: Deputy Clerk Chairman ATTEST: CiTY OF DELRAY BE,/~. SCHOOL DISTRICT OF PALM BEACH WIT/~SSES: Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY .. .',;', -APPROVED AS TO FORM AND :~" LEGAL SUFFICIENCY By: /i'" School District Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney '7-t0-1998 9: 19AH FROH PLANNING AND REAl- ES S61 &3'A 8,'187' GULF S TREAId COMMERCIAl_ LiN tON TRUSS I. IN TON RIDCE CONDO SANI TA . PINE GROVE ELEMENTARY SCHOOL _~E,/-7--,q¥",-?_-5-,iq EIIGIIIEEE'Ii'IG DEF'T ICll F'02 _TLIL 17 ''_qL:: : I "" -~ ~ -----~-_-----~ _~; .... '"-~ i ~ // '~ __,LI. // -- / / -~" . ~ ~"~'~-. t ~ // ,,,,& \ ,,~ ~--' "-- , ;~i~, ,-~-'-~ '~-,\ / i-~ / / = [ \\ _. ': ;- '-']-- ' .... '× '"'- I e "' i- f '" , EXHIBIT "l" '7.-.~!E~-':99S 9:37AH FROM PLAMN.ING ~,~,lO REAL- ES S61 ,43.,I 81,97 P. I Pine Grove Elementary Park Project Delray Beach Proiect Na 97-030 LIST OF FACILITIES tN° Description I. Site Grading and Preparation 2. Parking 3. Covered Pavilion 9. Odaer Site Amenities 5. Landscaping &. Imgadon 6. 'Walking Path, (Mulched) 7. Fencing &. Security 8, Contingency, 9. Baseball ..Dr:m,'~ghdng 10. Arch,:..- ~'~- agineering Fees .. i:, EXI-IIB IT B~2 H:'.D,'~TA\WP5 I\DOO ~-"~'~5 ITI~\FACl I-l'rY, PGE Agenda Item No. AGENDA REQUEST Date: July 14, 1998 Request to be placed on: X Reqular Agenda Special Agenda __Workshop Agenda When: July 21, 1998 Description of item (who, what, where, how much): Staff requests Commission Approval of a Bid award to Hausinqer & Associates, Inc. for replacement of the backwash recovery pump at the water treatment plant in the amount of $77,010.00. Total contract amount will be $77,010.00 with fundinQ from New Capital Account 9441-5161-536-64.90, other machinery and equipment (Budget Transfer attached). ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO Recommendation: Staff recommen~ approval ~ard to Hausin~er & Associates, Inc.l ~/.~Z ~/ 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: ~/NO ~e~,~ ~ ~ ~~'~ ~ ~ ~ Funding alternatives (if applicable) Account No. & Description ~--~- ~(~ ~, qO Account Balance ~,~.~ '~ ~pprovod for ~ofid~ ~ ' ~' ~enda CoordSna~r Rev~ow: Received: Placed on Agenda: Action: Approved/Di s approved file: S: kEngA~inkProj ects % 98 k 98-044 ~OFFICIAL[AG97. doc MEMORANDUM TO: David T. Harden City Manager FROM: C.Danvers Beatty, P.E.~' 'f~j~ Deputy Director of Uti~ SUBJECT: REPLACEMENT OF BACKWASH RECOVERY PUMP AT THE WATER TERATMENT PLANT PROJECT NUMBER 98-088 DATE: July 14, 1998 Attached is an Agenda Request and Tabulation of Bids opened on June 24,1998 for furnishing and installing a 15,000 GPM backwash recovery pump at the water treatment plant to replace the existing 10,000 GPM pump which is over 20 years old. Hausinger & Associates, Inc. submitted the lowest responsive bid with a total proposal of $77,010.00. We have checked the references of Hausinger & Associates, Inc. and have received favorable recommendations. Based on their proposal, we are recommending award of the project to Hausinger & Associates, Inc. in the total amount of $77,010.00. Funding will be from 441-5161-536- 64.90, other machinery and equipment. Appropriate budget transfers are attached. Please place the item on the July 21, 1998 Agenda for consideration by City Commission. CDB/cdb Att: cc: Richard C. Hasko, Director of Environmental Services File: Agenda File file: S:\EngAdmin~Projects\98\98-088\CONSTRCTXAGMEMO.doc Agenda Item No.' ~..~-~ AGENDA REQUEST Request to be placed on: Date: July 15, 1998 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda When: July 21, 1998 Description of item (who, what, where, how much): BID NO. PROJECT CONTRACTOR AMOUNT 98-37 B Poinciana Heights Neighborhood Henry Haywood $24,628.80 Driveway Improvements (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of the City of Delray Beach's Bootstrap Program Housing Rehabilitation Grant Award and Agreement Award from Account # 118-1974-554.49-19 in the amount of $24,628.80. Grant amount includes contingency. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature'/~~~ v,~ -- City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~O~ ~7/)/,,/°~' 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 MEMORANDUM TO: David Harden, City Manager FROM: Michael Simon, Interim Community Development Coordinator ~-/~ THRU: Lula Butler, Community Improvement Director /~ DATE: July 15, 1998 SUBJECT: City of Delray Beach's Bootstrap Program Neighborhood Housing Rehabilitation Poinciana Heights Driveway Improvement Project Grant Award ITEM BEFORE THE COMMISSION This is to request approval and award of bid for the Poinciana Heights Driveway Improvement Project funded through the City of Delray Beach's Bootstrap Program. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders and all unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. The Bootstrap Agreements are executed between the building contractor and the City of Delray Beach. This office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The Poinciana Heights Driveway Improvement Project was proposed in the Poinciana Heights Neighborhood Action Plan in 1997, and is an eligible use of funds as defined under Title XX guidelines published as a part of Federal regulations governing such monies. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATION Staff recommends awarding the bid for the Poinciana Heights Driveway Improvement Project to the verified low bidder and authorizes the City of Delray Beach's Bootstrap Program be awarded in the following amount: Grant Bid No. Pro|ect Contractor Amount 98-37 B Poinciana Heights Neighborhood Henry Haywood $ 24,628.80 Driveway Improvements CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET - BOOTSTRAP PROGRAM REHABILITATION BID #: 98-37 B APPLICANT: Poinciana Heights Driveway Improvement Project PROJECT ADDRESS: Poinciana Heights Neighboorhood Homeowners DATE OF BID LETTERS: May 28, 1998 DATE OF BID OPENING: June 18, 1998 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ A. F. DOZER, INC. $ ALPHA SOUTH CONSTRUCTION $ BEST REAL ESTATE, INC.~EDWARD KAPLAN $ CRAFTSMAN PLUS, INC. $ DAKOTA CONSTRUCTION, INC. $ 21,615.02 FIRST CHOICE CONTRACTORS $ HENRY HAYWOOD $ 23,456.00 FRANK BOUMAN'S CONSTRUCTION $ INTERCONTINENTAL CONST. CORP. $. RANDOLPH & DEWDNEY CONSTRUCTION, INC. $ 29,058.60 SOUTH FLORIDA CONSTRUCTION $. TOMMY PRESTON $. IN-HOUSE ESTIMATE $ 27,800.00 CONTRACTOR AWARDED CONTRACT: Henry Haywood BID/CONTRACT AMOUNT: $23,456.00 COMMENTS: Dakota Construction, Inc. did not include 5% bid bond cashier's check or company check. Bid opening witnessed by a representative from Randolph and Dewdney Construction, Inc. \white\wwdata\bidinfo.doc Agenda Item No.: _~S~ AGENDA REQUEST Date: 7/16/98 Request ~0 be placed on: x Regular Agenda Special Agenda Workshop Agenda JULY 21, 1998 When: .~,escriDtion of agenda item (who, what, where, how much) · CITY COMMISSION IS ~_'fI~..~... TO a?PRO~?_ T_~_~ EM~GENCY PT__~_C~ASE OF P--~P~---~"~T A/C EQU!P¥ _m~?_ FOR FIP~ _~TAT!ON 92 WITH SPECIFIED A~CILLAR¥ ACCESSORIES LISTED ON ATTAC~ED DOCUMENTS. FUNDING IS AVAILABLE AS FOLLOWS: #334-6112-519-62.10 @ $13,991.00 ORDIBh~NCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: ~PRO~ Department Head Signature: HOYT OW~S ~~~~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: Y~ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: ~;~0~5~,0~ City Manager Review: Approved for agenda: Hold Until: ' Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Hoyt Owens, Deputy Director Public Works .~~d~ DATE: July 16, 1998 -~ SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JULY 21, 1998 PURCHASE AWARD - AIR CONDITIONING EQUIPMENT FOR FIRE STATION 2 ACTION City Commission is requested to approve the purchase of roof top air conditioning hardware for Fire Station 2 from Van's Comfortemp in the amount of $13,991.00. Funding is available from account #334-6112-519-62.10 "Capital Outlay - Buildings". BACKGROUND The two rooftop package A/C systems were recommended for replacement during FY98's Capital Equipment Replacement Plan. The metal cabinetry and condensate pans for both units are severely deteriorated due to salt corrosion from the adjacent environment. As a result of the cabinetry deterioration, several on-going water leaks are present during heavy rain storms within the living quarters of the facility. After securing quotations and reviewing the remaining two split system A/C compressor cabinets that are on the roof we are recommending that all exposed roof top A/C hardware be replaced. We anticipated a cost of $15,000 to replace the two package units. The quotations presented will allow all equipment to be replaced below our original estimate. All replacement equipment and hardware will match the existing components. Additionally, the quotation includes extended warranties on all equipment for parts and labor for an additional four (4) years beyond the manufactures' warranty. RECOMMENDATION Recommend approval of the purchase, as an emergency repair, of matching American Standard A/C equipment for Fire Station 2 from Van's Comfortemp in the amount of $13,991.00 with funding to come from account #334-6112-519-62.10 "Capital Outlay - Buildings". a:sta2ac.dth disk/ti A/C SYSTEM FOR FIRE STATION #2 EXISTING ATLANTIC HOFFMAN'S VAN'S STATE A/C- EQUIPMENT REFRIGERATION A/C- PRIMARY CITY COMFORTEMP SECONDARY CITY CONTRACTOR CONTRACTOR American Standard Yes Yes Yes No Response 7.5 Ton 9 KW heat 9 KW heat 15 KW heat Model # TCD090C300B 9.0 SEER 9.0 SEER 9.0 SEER American Standard Bid unit Yes Yes No Response 8.5 Ton at 10.0 Tons 12 KW heat i15 KW heat Model #TCD102C300A alternate !9.2 SEER 9.2 SEER at 8.5 ton <$200.00> Removal Yes Yes :Yes Adapter Curbs Yes Yes Yes Electric Heaters Yes Yes Yes Outside Dampers Yes No Response Yes Microelectric Themostats Yes :Yes Yes Crane Service Yes Yes Yes Costs @ $13,280 $13,080 (adjusted) $10,595 $10,393 Alternate Bid American Standard ~c 2 units ~ x 2 units ~ x 2 units ~ 3 Ton Condensing unit only $2,400 $2,225 $1,998 Model # 7C0036A300 Subtotal $15,480 $12,820 $12,391 S0 Extended parts & labor warranties ~ + 4 years $1,600 $13,991 FIRESTA2.XLS/7/16/98/mlp Page 1 JUL-iG-lggO iV: Og P. . - ,7 135 $. CONGRESS AVENUE DELRAYBEACH, FL 33445 PROPOSAL/CONTRACT SUBMITTED: City o/'Dekay Public Works DATE: 3'une I?, 199/t ADDRESS: 434 S. Swinton Avenue CITY: D¢lray Beach, FL 33~, JOB: Fire Station 35 _Andrews Ave. PHONE: 561-2~,3-7339 Attention: Ii. tn Shmldt We are pleased to submit thc following estimates and specifications, subject to the terms And conditions as outlined. Replace the existing rooftop A/C unit with new Trane Package Units. Supply and install 1 (One) Trane 7.5 ton Model TCD090C300B 9.0 EER and 1 (one) Trane 8.3 ton TCD102C300A 9.2 EER package unit. PRICE INCLUDES: Complete installation Removal & disposal of old equipment All labor All miscellaneous materials All crane charges 15 kW heat strip Curb adapters Fresh air intakes TOTAL INVESTMENT...$10,393,00 Extended.5. Year Parts and Labor W~rranty TAYWAR0272 $400.00 9.e~ unit, Alternate Bid on {2).two Trane TTR736 condensers l 0 ,~ER. Total Price: $1998.00 CUSTOMER ACCEPTANCE DATE De]my: 278-5232 * Boynton: 734-7776 · West Palm: 655-6993 · Broward: 426-0008 Fax: 561-278-5499 · 1-800-560-5008 WARK.4NTY TERMS AND CONDITIONS Van'~ Comfortemp Air Conditioning, Inc. warrant~ that the equipment and it's component parts as outline will be free from defects in workmanship and materials and thai Van's Comf'ortemp Air Conditiortlng, Inc. wlll remedy detects in workmanship and. materials that may develop Within one (t) year froia~, the date, ortho imtallation, provided that Van's Comfortemp Air Conditioning, Inc. has been notified by the owner of such defects within the one (1) year time period; and that the owner is the original purchazer Ibr whom the above system and component pans were installed, The manufacturer of the condensing unit offers a limited warranty on the compressor that it be free from defects for a period of rive (5) year time period, a replacement compressor will be provided by the manufacturer. This warranty is the only warranty given by Van's Comfortemp Air Conditioning, Inc, unless otherwise stated on the proposal, and all other warranties, expressed or implied, are excluded. This warranty is effective only when signed by an authorized representative of Van's Comfortemp Air Conditioning, Inc. TERMS AND CONDITIONI$: The purchaser hereby grants to Van's Comfortemp Air Conditioning, Ine. a security interest in all of the materials and equipment listed on the front of this contract to secure the payment ofpurchazer's obligation to Van's Comfortemp Air Conditioning, Inc. under this contract. The collateral includes not only the materials and equipment listed on the front of' this contrac~ but also any proceextz of such propcrry. If the purchaser fails to pay any payment required to be paid under this contract when due, the entire unpaid balance shall, at Van's Comfortemp Air Conditioning, Inc's option, become immediately due and payable, and, in addition to such right of acceleration, Van's Comfortcmp Ak Conditioning. Inc. shall be entitled to any and all remedies available under the Un/form Commercial Code, and any other papers, documents or instnmaents required by Van's Comfortemp Air Conditioning, Inc. in connection herewith. The execute and file, at any time and fi'om time to time, on behalf of the purchaser, one or more financing statements with respect to all or any part of thc collateral, the filing of which i~ advisable, in the judgrncnt of Van's Com_fortcmp Air Conditioning, inc., pursuant to thc laws of thc State of Florida, although the same may have been executed only by Van'.~ Conffortcmp Ak ConditionLug, Inc., a~ secured party, The purchaser al~o irrevocably appoints Van'~ Comfortc-mp Air "Conditioning, Inc., itu agents, rcormcntativc~ and de~ign,~,, ~., th~ purchaser's agent and attorney in tact, to crc-cute and file from time to time on behalf of the purch~-qer one or more finmming statements with respect to all or any part of the collateral. Delray: 278-5232 · Boynton: 734-7776 · West Palm: 6556993 · Broward: 426-0008 Tuesday, April 21, 1995~ Mr. Jim $chmltz City of D~lray ]8each 100 NW 1st Ave. D¢lraF Beaoh, FI ~444 R~: Delray F~¢ ~1 D~ Mr. Schmim: Following my eonvemation ~/Mike MzGann, I m ple~ W provide this proposal for yo~ review. As Mike discussed, you wet, seeking a pro~! reflecting the replacement of ~e existing 8-ye~ old roo~op packaged systems. R~ommendationt ~ as follows: R¢place ~e ex{sting 7,5do~ packagod md !0 ton packaged systems wi~ new Americ~ Smnd~d systems. ~e scope of work mclud,i r,m~v~l of ~e existing equipment, ~e installltion of adaptor roof ~urbs, ~e ~o new wi~ eloc~ic heater~ & ouBlde air drapers, now micro-electric ~ermosta~ and all erie sc~ic, noces~. a~ociated wi~ ~is repl~e~ent6 would ~ . O~tion ~2 In addiOon ~o r~lacement 9f~e packaged gc systems, ~cre ee ~o condensing units on ~e roofequally as old and deteriorated as ~e pac~ systems. If you ch~se m replace fi,ese two existing condensem with ~o American S~dard 3-~n ufliB m ~ arno time, co$t, associated would be ~,400.00. Ill mar be of any assistS, plebe feel ~oe to contact me dir~tly. " Sincerely, · . HOFFMM~'S AIR CONDITIONING, INC. 1000 A S.E. lS? STREET BOYNTON BF~CH, FLORIDA 33435 TELEPHONE: 407-738~6490 PROPOSAL DATE: 05/20/98 BOLD TO: SPECIAL INSTRUCTIONS: CITY OF DELRAY BEACH JOB LOCATIOn; FIRE STATION ~2 lOO N.W. 18T AVE~ WARRANTY: 1-YEAR ON PARTS & LABOR DE~RAY BEACH FL 33444 5-YEARS ON THE COMPRESSOR PHONE: 243-7334 JIM SCI4~fITT PROPOSAL NO. 2240-2 QTY ARTICLE AMOUNT FUR/qlSH A/~D INSTALL THE FOLL~ING A/C EQUIPMENT: I ~ERICAN STANDARD ~TCD102C300A 8.5TON 3-PHASE PAC~GE A/C UNIT WITH 12KW 3-PHASE HEA~ GTRIP-~NSTA~hED ON ~XISTING R~F CURB WIT~ NEW CURB ADAPTERS. ~IS SYST~ HAS 9.20 SEER AT 107,000 BTU~S. 1 ~ERIC~ STANDARD tTCD090C3OOB 7.5-TO~ 3-PHASE PAC~GE A/C UNIT WITH 9KW 3-PHASE HEAT-STRIP INSTALLED ON EXISTIN~ ROOF CURB WI~ N~ CURB ADAPTER. THI~ SYST~ HAS 9.00 SEER AT 92,000 BTU'S. ALL NECESSARY MATERIALS NEEDED TO INSTALL N~ ~-PHAS~ PAC~GE A/C UNITS TO EX~STIN~ DUCT WORK AND HIGH VOLTAGE ELECTRICAL W~RING. 2 ~RICAN ST~D~D MICRO HEAT/COOL THE~OSTAT8 ALL NECK~B~Y C~E FEES. ST~T AND CH~CK SYST~S OPERATION. TOTAL QUOTED INSTALLED 10595.00 2 ~ERICAN ST~DARD ~7C0036A300 3-TON CONDENSER UNITS INSTALLED AT' TIME OF PACKAG~ A/C INSTALLATION TO EXISTIN~ COPPER REFRIGERANT P~PIN~ & ELECTRICAL TE~$: TOTAG DUE UPON COMPLETION. all sales are final and not subject to cancel- TAX lation or refund unless otherwise stated TOTAL above. Title to all qoods and merchandise DEPOSIT described above remains tn this seller BA~¢E DUE until paid in full. CUSTOMER'S SIGNATURE AGENDA REQUEST 7/16/98 Date: Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda JULY 21, 1998 When: Description of agenda iCem (who, what, where, how much): CITY COMMISSION IS REQUESTED TO APPROVE THE PURCHASE OF ABOVE GROUND FUEL TANKS FOR THE PUBLIC WORKS COMPOUND WITH SPECIFIED ANCILLARY ACCESSORIES LISTED ON ATTACHED DOCUMENTS. FUNDING IS AVAILABLE AS FOLLOWS: 334-6112-519-64.28 "FUEL TANKS- PUBLIC WORKS" @ $86,553.90 ORDI 5L~NCE / RESOLUTION REQUIRED: YES N~ Draft Attached: YES/NO Recommendation: APPROVE HOYT OWENS 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: ~u~Taa~% ~,¢~r~A ~-~11'~'51~-0~.~ Account Balance: City Manager Review: Approved for agenda: ~ NO Hold Until: , Agenda Coordinator Review: Received: Action: Approved/DisapProved MEMORANDUM TO: David Harden, City Manager FROM: Hoyt Owens, Deputy Director Public Works~ DATE: July 16, 1998 " SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JULY 21, 1998 PURCHASE AWARD - ABOVE GROUND FUEL STORAGE TANKS ACTION City Commission is requested to approve the purchase of protected above ground fuel storage tanks and accessory equipment packages for the replacement of existing below ground fuel storage tanks at thc Public Works Compound from thc State of Florida's "State Negotiated Agreement Price Schedule" (SNAPS) Contract #831090 in the amount of $86,553.90. Funding is available from account #334-6112- 519-64.28 "Fuel Tanks - Public Works". BACKGROUND The City, like all other entities in the State of Florida, is under a mandatory schedule to replace all underground single wall steel fucl tanks not later than the end of December 1998. Wc can minimize our future ground water testing criteria and potential liability by replacing our existing equipment with above ground double wall concrete tanks. The City can reduce our capital construction costs by purchasing the required tanks, fuel pumps and piping hardware from the "SNAPS" Contract and engage a state licensed underground fuel tank installer via sealed bid to complete the physical removal of our existing tanks and install the approved above ground tanks. A consulting engineer covered by a separate contract will design, execute permit documentation and provide construction administration for this project. The above ground fuel tanks are approved vessels in accordance with National Fire Protection Association, Underwriters Laboratories and our Fire Department. RECOMMENDATION Recommend approval of the purchase of the tanks and associated equipment for the Public Works compound fueling facility from the State of Florida's "SNAPS" Contract//831090 in the amount of $86,553.90 with funding to come from account #334-6112-519-64.28 "Fuel Tanks - Public Works". a:fueltank.dth disk #1 g;r7. NOW AVAILABLE ON THE SNAP'$ ~ N~j0flal~AgrmmntPdm Schedule #831090 ' 07/10/98 PROGRAM EFFECTIVE DAT[ 1-800-642-1540 PROTECTED ABOVEGROUND STO RAG E TAN KS  ) "' CONVAULTI FLORID~I DEPARTMENT OF MANAGEMENT SERVICES I-8o0-~-~ ~4o ~ THE KROGER CENTER 2737 CENTERVIEW DRIVE CONVAULT FLORIDA, INC. KNIGHT BUILDING 814 N. OLD WIRE ROAD ........... WILDWOOD, FLORIDA 3478~ 07/13/98 15:22 CONVAULT FLORIDA (352) 748-6820 P. 002 CONVAU~ FL, INC., 1410 Indu~ri~ Dr., P.O. BOx 238, Wildwood, FL 34785.0238 07/13/g8 City of Delray Beach 1:38p 434 S. 8winton Ay. Delray Beach, FL. 33444 561-243-7314 P~oduct Code/Descrivtion T Qty. Unit Price Disc % Aggregate Total CVCD50003SF Y 2 39,510.00 15.00 67,167.00 DOUBLE 5000 CYLINDRICAL 30YR. WITH OVERSPILL ~kgaccb Y 4 568.00 15.00 1,931.Z0 Basic accy pkg (3-1AK) ~OX~ CY~. Y ~ 1,9§0.00 15.00 O,7~Z.00 CYLINDRICAL TAN~ R~MO?E FIL~ BOX pkgl0d Y 2 817.00 15.00 1,388.90 10gpm die, 12'hs, noz pkgl0g0 Y 2 838.00 15.00 1,424.60 10~pm gas, 12'hs, noz GAGCLOCKS18 Y 4 380.00 15.00 1,292.00 CLOCK GAUGE 818 W/~L FLOAT GUILL3/12H~ Y 4 1,123.00 15.00 3,818.20 GUILL~IN~ HIGH FLOW W/~APTOR FRT. N 2 1,400.00 2~800.00 Freigh% to DEL~Y T~le S~total: $ 83,753.90 0.00 % Sls T~: $ 0.00 Non-T~ S~total: $ 2,800.00 Misce[l~eous: $ 0.00 Gr~d Total: $ 86,553.90 Additional Notes SNAP'S PRICING. NOT INCLUDED A~E= OFYLOADING, installation, slab, permits. Quote is Good ~or 60 ~ays. Tax not included. Verbal request - No sgec's. Thank you, Lee. (800) 642-1540. 07/13/98 I5~23 CONVAULT FLORIDA (352) 748-6820 P. 003 CONVAULT FI.: INC... 1410 Industrial Dr.; P.O, Box ;~38, Wildwood; FL 34785~238 [~00) ~z. ls4o (352) r4e~4ez FAX (3s2) r4e-e~zo ; The '~as~c ~ccessory Package' tncludes: [ - Z'x 8' Vent Elser Pipe t - 2' Vent Cap [ - 4' Top Seal Caatock Fi~ ~apt~ ~ - 4' Top Seal Caa~ock Cap, (~ ~ or ~ua&) t - Znerqency ~ent' (eiz~ ~ ~u~! t - Fve~ ~vel ~uge S[~ck v~th ~hratton ~ar~ t - ~ak Oath%or ~o~tor St~ ~ - ~et of De~ (t~p~ca~ly Oi~ No Smoking, ~d Combustible; ~ - Fue~ ~ve~ G&uge (Kruger or ~) t - 4" Fl~ Drop Tube (Oaso~ on~y) .07/14/98 15:09 CONVAULT FLORIDA (352) 748-6820 P. 00! CONVAULT FL., INC., 1410 Industrial Dr., P.O. Box 238, Wildwood, FL 34785-0238 SPECIFICATIONS FOR ABOVEGROUND STORAGE TANKS l, _The Insulated Secondary Containment Abovcground Storage_ Tank Svstem~..._fo.~ Flammable and Combustible Liquids, PTotected Type; Vehicle Impact Protected, and Projectile Resistant shall be testr, xl to and listed for the following: A) UL - 142, aboveground steel tanks for flammable ami combustible liquids. B) UL - Z(~5, Two hour furnace fire te~t and two hour simulaa:d pool tire test for insulated and protected tank. C) UL - 2085 and UFC Test Standard APPENDIX # A-H-F-I, for both Vehicle Impact Protection and Projectile Resistance. D) UL - 2085, insulated aboveground tanks for flammable and combustible Iiqu/ds. E) UL - 2085, Non-Metallic Secondary Containment protected tanks for flammable and combustible liquids with secondary containment Em~rg~avy Venting by "Form of Construction F) UL~ORD - C 142.16, protected abovegrmmd tank assemblies for flammable and combust/ble liquids. G) ULC~ORD -. C 142.5, concrete en~ abovcground tank assemblies for flammable and combustible liquids. H) ULC~ORD - C 142.16, the furnace bum requ/rements for two hour fire rating. 1) UI.~ORD - 142.5, the open (pool) fire testing for two hour flammable liquid fire test. J) ULC~ORD - 142.23, aboveground tanks for used oil. 10/29/97 genspec,doc !co~-~-~,¢ . . 07/14/98 15:10 CON-VAULT FLORIDA (352) 748-6820 P. 002 The requirement for uniform fire code for two hour ( fh'e wall ) test. L) To be tested and certified by the Cnlifomia Air Resources Board (CARB) for Balanced Phnse 1 and Phase 2 Vnt~or Recove~ includi-g methanol and ethanol. 2. The primary steel rank shall be manufactured in accordance with UL 142 or UL 2083. 3. The prirrmy steel tank shall be pressure tested at 5 psig for 24 hours. 4. The primary steel tanks shall have ~ emergen~ vent" system as per NFPA 30 Code requirements. .The protected and insulmed AST syslems shall have a thru tank leak detector tube to allow for physical checkup and monitoring capability between the primary and the secondat~ containment 6. The primary steel tank shall be pressurized at 5 psig during concrete encasement. 7. The outer surfat, e of ti~e primary steel tnnk shall be covered by a minimum of 1/4" thick (6.4 mm) Styrofoam insulation panels or equally acceptable thermal insulation. The secondary containment shall consist ora 30 Mil thick (0.78 mm) High Density Polyethylene membrane enclosing the steel tank and imul~on ma~crial. 9. Thc prima~ stol tank and the seconda~ containment shall be encased in six inches of monolithic reinforced concrete~ with a minimum design strength of 4,000 and 5,000 psi at 2g days &pcndi~ on thc tank size. Thc concrete design shall include thc following for long t~iiii durability: air entertainment, water reducing admixlm'e, and steel reinforcement. Concret~ enca~mems with se, mm will not bc approvccl. 10. Thc prolcctcxl and insulated AST .sys'tc-ms shall bc concrete exterior and a continuous and visn~lly verifiable monolithic (seamless) pour on top, bottom, ends, and sides and contain no cold joints or heat sinks (heat transfer points). The AST must be shop fabricated and tested in accordance with the UL listings. Designs which use two layers of steel with an insulative material between them will not be approved. 1 I. No steel or insulating material shah come in contact with the concrete or other corrosivc material, 12. All openings shall be from the top only. 07/14/98 15:10 CONVAULT FLORIDA (352) 748-6820 P. 003 13. All exposod metal m~t be powder cnnucd to inhibit corrosion. 14. The protected and insulated AST sys~ms shall include a minimum 5-15 g~,llon powder coated, UL listed spill con~dnment, and shah include nonnally closed valve ~o release spilled product into thc primary steel tank. Spill cotttainm~llt's which route spilled product into thc interstitial area will not be approved. The protected and insulated AST systcms shall haw a coated concrete exterior to resist woather and reflect stmiib~t. Modcl$ with steel exteriors will not be approve, ct 16. The prote~ted and insulated AST systems shall have a warma~ff of 30 y~a's for systems 2,000 Gallon capacity and latser and 20 years for sys~m$ !,000 C/al]on capacity and smaller with optional 30 year warrnnty. 17. The protected and insulated AST systems design shall have been in use for a minimum often (10) years. The m~n~er must stipulate no AST containment system ~ailure in 20,000 units in service. 18. The protected and insulated AST systems studl have two (2) lugs for connecting grouoding conductors for lightening protection in accortlnnce with NFPA 780. 10129197 uens0ec.d0e Agenda Item No.: AGENDA REOUEST Request to be placed on: Date: July 15, 1998 _XX_Consent Agenda __Special Agenda __Workshop Agenda When: July 21, 1998 Description of agenda item (who, what, where, how much): Purchase Award for upgrading the Police Department telephone voice mail system to Lucent Technologies, Inc. for a total cost of $18,504.65. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award purchase to Lucent Technologies, Inc. for a total of $18,504.65. Funding from account #001-2113-521-64 11 and #115-2112-521-49.90. ~ , / ,, -Department Head Signature: ?dt~/)r.~///b-~(' 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: ~/NO Funding alternatives: (if applicable) Account No. & Description: O01-.~cl! 5 5 7~1 6 cf i I / I S'"'oaen:, Z Account Balance: <~663. ~°/~ a6q.~,.~...~ ,..:_ ~' City Manager Review: ~ -~e~_~-,-~ ~,-P /~"-~ Approved for agenda:Hold Until: ~0 tY~'/ Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: K. Butler, Buyer ~ THROUGH: Joseph Safford, Finance Director DATE: July 16, 1998 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 21, 1998 - PURCHASE AWARD - TO LUCENT TECHNOLOGIES INC. TO UPGRADE EXISTING AUDIX VOICE POWER SYSTEM Item Before Commission: The City Commission is requested to approve the purchase of the above referenced subject to Lucent Technologies, Inc., for a total cost of $18,504.65. Background: The Police Department is requesting to upgrade their existing aging voice mail system.. The system will no longer be operational come January 1, 2000. (Please see attached memo) Lucent Technologies, Inc. is sole source manufacturer for this equipment. (Please see attached memo) Funding is budgeted in the Police Department FY 97/98 budget, Account/t001-2113-521-64.11, and #115-2112-521-49.90. Recommendation: The Purchasing Staff concurs with the recommendation to purchase this equipment from Lucent Technologies, Inc. for a total cost of $18,504.65. Attachments Memo from Police Department Dated 6/2/98 Price Report from Lucent Technologies, Inc. Dated 7/13/98 Memo from Lucent Technologies, Inc. Dated 7/16/98 cc: Tina Lunsford, Support Services Division Jacklyn Rooney, Purchasing Supervisor Amanda Solomon, Admin. Services agenda, doc 07/17/98 13:14 FAX 9549692277 POMPANO BCH ENTERPRISE ~001 Lucent Technologies 0 ~e~l Labs ~nnovatiOns IlO0 Park Contra: T~lvd. So. .~;.itr ~400 Pompano ~eavh. FL ~3064 Memo To:. Cathy Butler From: Jason B. Ballard CC: ~ 07116/98 Re:. Sole Source Vendor Cathy, This memo is to serve as your notification that the software and ha,-dwam to br~g your Lucent Switch 2000 compliant can only be acquired through Lucent Technologies, The software and hardware is manufaclured and sok:l by Lucent Technologies and is of a proprietary nature. If you have any further questions please call me at (954)917-1415. · Page1 DELRAY 8EACH Delray Beach Police Department AII-AmericaCity (407) 243-7888 Fax (407) 243-7816 1993 Memorandum To: Buyer Kathy Butler Purchasing Department From: Asst. Director Tina L. LunsfordC~-'/ Support Services Division Date: June 2, 1998 Subject: Requisition #62501 for Lucent Technologies As per your request, attached is the support documentation for the purchase of the upgrade of our Audix Voice Power system as approved in this year's budget. The most compelling reasons to switch systems: · Current equipment is over seven years old and if it breaks down it is almost impossible to find replacement parts. The last time the system went down it took over a week to get it operational again. · The existing voice mail system will not support the year 2000 change. The system will no longer be operational as of January 1, 2000 and there will be no fix available to correct it. Please submit this request to the City Commission for approval. Your assistance will be appreciated. .7 lA 98 13:.57 FAX S61 243 7816 DELRAY BEACI-I POLICE DEPT 07. la/§~r 16:08 F~![ 9549692277 . ~O~FANO Bet/ ENTERPRI$I/ [~0o.', PRICING PJEPORT 07/13/98 15:51 R~f $ $944438 Confi9 $ 6 DELRAY B~AC~ CITY OF Pape: 1 System ID: INTUITY Quote ~xp Date: 09/12/9@ CPS Proj Code: PE Code Q~y Description Purchase $ Install $ Mo Maint $ 69641 1 6306 pAR IN~E 36.75 10.00 0.00 69769 1 80 COL P2%~ PR 333.75 ~0.00 8.00 7060-M5~:~ 1 IA ~SP MIGR 5798.75 900.00 185.00 70549T 1 INT IVC6 BD M 750,00 240.00 2~.00 70850 1 GP-SYN ~HTEG 2250.00 180,00 10,00 70861 2 T/R D!STRIB H 2~7.50 20,00 0.00 70925 2 2GB BLNK DATA 112.50 0,00 0.00 1256-DSC 1 DEF,85,G2 INT 0.00 120.00 20.00 1256-MV~' 1 MI~RT AVP W/O 0.00 400.00 0.00 1256-VHC 5 HOD-RS RTU CRE 0.00 1015.00 20.00 1256-VPC 2 PORT CREDIT/2 0.00 384.00 70840 1 AUDIX R4 TAPE 375.00 50.00 65399 i ISOLATING DAT 172.50 80.00 0.00 63!53P 1 PROCESSOR INT 765.00 90.00 0.00 70308 1 C3MBLE CON ~S 45.00 7.$0 0.00 70836 1 INT ADMIN CD 262.50 0.00 0.00 7083@ 1 lA G~IDE BUlL 75.00 0,00 0.00 1476-009 1 IAIT AUD R4 AD 637.50 0,00 0,00 Sub-To~.a~l $ 12861.75 3546.50 358.00 Total $ 16408.25 Shippin~ $ 9G, 40 Total Purchas~ Price $ 16504.65 THE DEFINITY®AUDIX® SYSTEM A voice messaging system to power productivity and help you compete crcative~, local~, and globally. Voice Messaging with the customers the service they demand. Call : .... Entrepreneurial Spirit handling and message slips are reduced for ~' operators and other support staff, freeing Many ways to ~build Designedfor locations with 30 to 2,000 them for more productive work. For every- employees, the DEFINITY AUDIX System one, the fi-ustrations of missed contacts, provides the world-class voice messaging garbled messages, and telephone tag are prodUctivi~d power you need to help your people be eliminated. Decisions are faster and projects more productive and your customers better more efficient. Even your phone bill will served reducing costs and enhancing be reduced. satisfy customers, competitiveness in ways that count. Customers will get their calls answered A member of AT&T's flagship INTU1TYTM fast and efficiently 24 hours a day, without Voice Messaging Solutions family, the long waits on hold even during busy hours. DEFINI~ AUDIX System is a streamlined They'll appreciate the chance,to leave a mes- solution for companies just beginning with sage quickly or hear the routine announce- voice mail or adding locations to their roes- meat they need. And you'll never suffer sage networks. It's cost-effective to imple- from lost sales due to unanswered phones. meat, fits smoothly into both 1AN and PBX The more you use the DEFINITY AUDIX environments, is easy to use, and takes ad- System, the more uses you'll discover for vantage of your DEFINITY System mainte- it. You can create a virtually unlimited num- nance and administration capabilities, bet of applications by combining its call ' ': Creative Messaging Applications answering, voice mail, automated attendant, and announcement capabilities. It's a versa- :.~ . ~, ~..~ ~·:~. tile, tireless assistant that answers the phone. ~ ..~,~ ..... The System's versatile, easy-to-use capabfli- "' '- .... ~;'"~ ~-~' Takes detailed messages. Helps create, ;~? ":' '~:~': .... ~'~"~" ties will unleash the creativity of managers .: send, and forward messages. Maintains · ~4~ seeking to leverage their resources, giving your distribution lists. Provides directory busy people the support they need and service. Its many bulletin boards are readily available for any announcement many people want to hear for job postings, product announcements, price lists, office hours. ~ ¢o~rol. Message Manager gives you e.~ctent point over all your messages from all source&for playback, .. ~J~ ~ . annotation, storage, and reply· Desktop Point and Click Access -- Hearing Impairment Is No Barrier A New Era of User Productivity · You can make the full capabilities of the With INTUITY Message Manager, all the DEFINITY AUDIX System available to your power of the DEFINITY AUDIX System is deaf and hearing impaired customers and now available as a Windows PC application, employees. Continuing AT&T's tradition of It's a whole new level of personalized access using its technology to enhance the quality Many ways to vital information for faster decisions, of life for all, the System supports Telecom- better personal time management, and munications Devices for the Deaf (TDD) more efficient collaboration with others. English. to enhance You'll use all the DEFINITY AUDIX System With TDD English in place, callers interact features right at your PC, more conveniently with the system via their special devices or than ever before. You'll handle messages in teletypewriters, receiving prompts and mes- your overall any order to annotate, store, retrieve, discard, sages on their TDD screens. It's an effective forward, or reply. You can call the sender at system that gives millions of potential cus- the click of your mouse. You can even set tomers and employees access to your busi- communications up for outcalling notification when you're ness services. away from your desk. A package of produc- tive message creation tools lets you add text Crystal-clear Speech investment, to a voice message, save it with related doc- A DEFINITY AUDIX System First uments for an audit trail, and send private and/or priority messages. The system also AT&T's most advanced speech processing gives you up to nine personal greetings for coding algorithm was first introduced in precise customer service and other purposes this System, delivering greater sound clarity and a faster, easier way to manage directories than ever before. It's as good as you get on and lists, an AT&T long-distance call. What's more, the System makes clarit~a productivity tool, Language Is No Barrier letting users play back messages louder, · softer, up to twice as fast, or at half speed The DEFINITY AUDIX System is multilingual, without distortion. with up to nine coresident languages for ~ · specialized customer service and intema- Sized to Fit -- Another tional operations. Each mailbox user selects DEFINITY AUDIX System First a primary language in which to greet callers, and a secondary language that callers can The entire System is housed on circuit packs shift to for their voice prompts, if desired, that fit into your AT&T digital PBX cabinet: New languages can be added at any time; a single central processing card for voice no additional hardware is required, messaging functions, an alarm card for main- . tenance, tape drive for initiali?ation and back- up, and disk drive for 6, 15, or 40 hours of -~ ~' ._ recorded messages. Just five slots of a single carrier are utilized. o Even if all the slots in your last ~'rrier are full, you can implement the DEFINITYAUDIX System without going to the expense of an additional carrier. To free up the necessary slots, just substitute AT&Ts high-density port circuit cards handling 16 stations per : slot for existing 8-port cards. Port capacity can be quickly and conveniently added through software activation, with no additional hardware required. Additional storage also can be easily added as your sys- tem grows. Your Investment Protected Enhanced Call Tranffer (EOT) As You Grow Improves Security and Productivity As an AT&T voice processing customer, the Your DEFINITY AUDIX System works closely value of your investment in the DEFINITY with your DEFINITY Communications System AUDI)[ System is protected into the future, to create a formidable barrier against the risk As new desktop video and multimedia appli- of toll fraud. With ECT, callers can transfer cations become more important in your op- out of the DEFINITYAUDIX System only to Advanced AT&T erations, for example, you may wish to seize valid, active phone extensions. The System an opportunity to further increase productiv- checks the PBX database in real time to vefi- ity or gain a competitive edge with AT&Ts fy the extension. In addition, it creates an tecnnology latest advances in integrated, multimedia activity log to help pinpoint possible security messaging. When you upgrade to the INTUITY breeches and alerts the administrator if an multimedia messaging platform, all the capa- attempt is made to tamper with the feature, benefits bilities you've already purchased for the This prevention, detection, and alerting DEFINITYAUDIX System -- including features, capability is a major improvement in your ports, and storage capacity-- will be carried communications ~ri,. every user. over to the new system. ECT also helps improve productivity and Digital Networking enhance customer service. It allows call cov- .: erage staff to automatically transfer a call Planned for the end of 1994, digital network- directly into the called person's mailbox "~ ing will allow the DEFINITY AUDIX System to with just two strokes on the dialpad. be integrated with other DEFINITY AUDIX, AUDIX, and INTUITY AUDIX Systems in dif- Your DEFINITY System Advantage ferent locations. The entire messaging net- ' ' work will appear to users as a single system. In addition to ECT, the System's coresidency i . in the DEFINITY Generic 3 System provides a What's more, the System's sophisticated number of other important advantages. You compression techniques sends voice mes- don't need to make room for a separate equip- sages across the digital network in just a ment cabinet. You don't need a separate ' fraction of the time needed for speech over power supply. The System doesn't use up ordinary voice lines, providing significant analog ports, like PC-based systems. It utilizes savings in transmission costs, the DEFINITY Generic 3 System maintenance strategy, and is set up for efficient remote maintenance by the same team that maintains your PBX. Also, it accesses PBX administra- tion information to shortcut start-up and station changes. Your PBX and AUDIX System . administrator uses the same terminal with "~ look-alike screens for faster training and ~', greater productivity. A compact, cost-effective system. Your AT&T Services ~dvantage , Custom Reporting -- An AT&T AUDIX ., System administrative expert totally famil- To make the DEFINITY AUDIX System an iar with AUDIX Data Acquisition Package even more valuable voice messaging solution, programming can set up your system to we've added an army of service options generate the customized reports you · ~, designed expressly for entrepreneurial busi- need: billing reports for charge backs and nesses. 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The System functions as a voice messaging server on your TCP/IP Ethernet network, in addition to being integrated into your DEFIN1TY Communications System. © 1994 AT&T ,~.__ Printed in USA. ,, PM-~55 ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM# ~.A. - MEETING OF JULY 21, 1998 OLD SCHOOL SQUARE REQUEST FOR DEBT FORGIVENESS DATE: JULY 17, 1998 In 1992 Old School Square borrowed $435,000 from the City to pay part of the cost of renovating the Crest Theater. The principal balance of this loan is now $306,560.80. The repayment schedule calls for the loan to be paid off on June 1, 2007. One of the conditions of this loan was that its repayment be guaranteed by the CRA. Copies of the agreements between the City, Old School Square and the CRA are attached. Recently, we received the attached letter from Old School Square requesting that the City forgive the outstanding balance on their loan. While the present board at Old School Square has been extremely successful at strengthening the financial position of Old School Square and raising money to complete the renovation of the buildings, they have encountered great donor resistance to the idea of contributing money to reduce the indebtedness to the City. Therefore, the debt service payments restrict the ability of Old School Square to serve the community as they would like. Also attached is a memo from the Finance Director which outlines various methods of responding to this request. A fifth alternative would be to forgive the debt over a ten year period, subject to annual approval by the City Commission based on satisfactory operation by Old School Square. This method would reduce the expense to the City's budget to $30, 656 annually. I recommend that the City ask the CRA to assume responsibility for the debt service on this debt. At the proposed millage of 7.75, the City's tax increment payment to the CRA will increase from $610,440 this year to $860,750 next year, far more than the CRA had been projecting. In my opinion, Old School Square has played a significant role in the increased value of taxable property in the CRA district, so it would be very appropriate for the CRA to make these payments, even though they are not obliged to do so at this point. Memo. JuL21 .doc MEMORANDUM To: David T. H~5.~Ci/ty Manager From: Joseph M.~tor of Finance Subject: Old School Square Debt to the City Date: July 7, 1998 This is in response to your memorandum dated June 24, 1998 with respect to the forgiveness of Old School Square debt to the City. You had wanted to know hoxv several alternatives would impact our financial statements. The alternatives and their impact are as follows: 1 .) Forgiveness of Debt - Forgiving the debt would result in a direct expense of the amount forgiven. The principal amount oxved by Old School Square as of September 30, 1998 is $300,268. 2.) Interest Free Note - Changing the Note from an interest-bearing note (6.1%) to an interest-free note would result in a loss of $17, 192 for FY 99 and a total of $89,772 for the remaining term. 3.) Deferring Principal - Deferring Principal will impact the City's financial statements slightly. While the principal amount outstanding does not change, the auditor's will most likely require imputed interest of approximately $1,200 (6.1% x annual principal amount) each year. 4.) Deferring Interest - Deferring Interest will impact the financial statements by increasing the principal amount owed by the amount of the deferral. A corresponding reservation of fund balance will also be increased by the same amount. Recommendation: My recommendation is to enforce the terms of the agreement. That is, if Old School Square is not able to satisfy future payments then the CRA must step in as guarantor. JMS/rsoc c: Rebecca S. O'Connor, Treasurer Old :' '-' School Square c u ~ · ~ ~ ^ ~ Mr. David Harden ,,,~s c~,,~, City Manager City of Delray Beach. r~ol,~e D. Chopin: 100 NW 1'~ Avenue Pre-~ident Delray Beach, FL 33444 William C. Swaney \rice-Pres~en~. Dear Mr. Juclitk Ezzes s~t~,. As I reported to you in my letter of June 8, 1998, we have raised a total of l~J ~imms $941,157 to improve the 1926 High School building. You may recall that Old T~,=r~ School Square borrowed $435,000 from the City to assist in the renovation of r~o,~ ~i. ~lo~ the Crest Theatre. The balance of this debt is now $306,560.80, requiring P~.~t ?~,~&,~t quarterly payments of principal and interest of 510,935.72. Boarct of Directors F~¢~_~ F. ~o=:q~,. In light of the extensive and continuing improvements Old School Square, as 1oi~to~ £~t=, lessee, is making to the City's property., as lessor, Old School Square PhylM C~lh=-~,- respectfully requests the Ciw to forgive the balance of the indebtedness under .xh~ti~ co~=~ll,, the 1992 loan ag-reement effective October 1, 1998. Virginia Cou~enay Mere&th D~le Very truly yours, Gerald Diamonct Je~rme Dubin Nancy. Earn[at'i: wd~ EMo~ Robert D. Chapin J,m~, a. G~, J~. . President Charles V. V'. cc: Robert Barcinski, Assistant City Mmmger Tltomas E. Iyuc[, Thomas E. Lynch, Director P. Michael blanning, Jr. Anne McGraw l~uth Pompey Carol I~ubin D~. Elizab~t}t ..Zeon~ blic~ae[ S. Weiner Paul Xyta~&~ Joe Gillie Director Old School Square, Inc. 51 North Swinton Ave. Delray Beach, Florida 33444 (561) 243-7922 LINE OF CREDIT AGREEMENT COME NOW the parties, CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as "City", and OLD SCHOOL SQUARE, INC., hereinafter referred~ to as "Old School Square" on this kO day of ~_ , 1992, and hereby agree that the City shall establis line of credit on behalf of Old School Square in the amount of Four Hundred Thirty-Five Thousand Dollars ($435,000.00) hereinafter referred to as "Line of Credit", upon the following terms and conditions which are as follows: WI TNES SETH: WHEREAS, City recognizes the importance of Old School · Square to the community, and the value that the Old Schoo]_~i Square adds to the quality of life for the residents of the City of Delray Beach, Florida, and WHEREAS, Old School Square has requested funds from the City so that Old School Square may begin to renovate the Old School Square theater arts building, and WHEREAS, the City Commission of the City of Delray Beach, Florida, by formal motion at its regular City Commission meeting of December 3, 1991, approved funds in the amount of Four Hundred Thirty-Five Thousand Dollars ($435,000.00) to be made available to Old School Square, Inc. and set the terms therefor. NOW, THEREFORE, the parties agree as follows: ? 1. City agrees to make available upon the terms and conditions set forth herein to Old School Square a Line of Credit in an amount not to exceed Four Hundred Thirty-Five Thousand Dollars ($435,000.00). Such Line of Credit amount shall be subject to reduction as set forth in Section 4 hereof. Old School Square recognizes that City has no obligation to provide to Old School Square the Four Hundred Thirty-Five Thousand Dollars ($435,000.00) until the sale and issuance of the Utility Tax Revenue Refunding and Improvement Bonds Series, 1992. City does not, by execution of this Agreement, waive any of the rights avaiiable to the City pursuant to the Florida Constitution or Florida Statutes. 2. Furthermore, the parties agree that the City'has no obligation to provide the Line of Credit to Old School Square u~.~l such time as Old School Square provides City with a commitment from the City of Delray Beac~'Community Redevelop- ment Association (hereinafter referred to as "CRA") for the repayment amount stated in Paragraph 4 herein, in such form approved by the Delray Beach City Commission. A copy of the Guarantee is attached as Exhibit "A". 3. Old School Square shall use the Line of Credit for the renovation of the Old School Square theater arts building in 0rder that the theater may be used for cultural events. The renovations to the theater arts buildingl-shall' include the installation of all items indicated in Exhibit "B" which will allow the theater arts building to be used for cultural events ("The Project"). 4. The amount of the Line of Credit shall be Four Hundred Thirty-Five Thousand Dollars ($435,000.00) and shall be granted pursuant to the following terms: A. 'Following the execution and delivery of this agree- ment and upon at least seven (7) days prior written notifi- cation to the City that all conditions precedent have been met, loans shall be made to Old School Square in a sum equal to the cost to renovate the Old School Square Theatre Arts Building pursuant to written requisitions in a form satisfactory to the City. The first'drawing and all subsequent drawings made under the Line of Credit shall reduce the Line of Credit amount. Notwithstanding the provisions of this Agreement, the first principal payment made in accordance with Paragraph 6 shall not reduce the line of credit available to Old School Square. The Line off,Credit made available by the City is not a revolving line of credit unless agreed to in writing by the City. Old School Square must make all draws on this prior to February 1, 1994. On that date, the line of credit is withdrawn. 5. Within ninety (90) days after the end of each calendar year during the term of this Line of Credit Agreement, Old School Square shall deliver to the City a statement prepared by a certified public accountant, certifying the gross income of Old School Square for said year, and the cash flow for said year. 6. Old School Square shall repay the amount stated in Paragraph 4, herein, according to the following: A. It is the intention that the principal of all loans made by the City to Old School Square hereunder be amortized in the amounts and at the times, with reference to the City's debt service requirements of its $14,800,000 Utility Tax Revenue Refunding and Improvement Bonds, Series 1992 (the "Bonds"), as such principal amount of loans outstanding bears to the out- standing principal amount of such Bonds. In that regard, the outstanding balance of such loans until paid shall bear interest at 6.1%, the all in Bond yield on the Bonds. Principal and interest (at the rate set forth above) on the total line of credit specified in Paragraph 4 of this Agreement shall be payable by Old School Square on July 1, 1992, and each quarter thereafter until the principal amount of all loans made hereunder have been paid in full. The Finance Director of the City ha~alculated the debt service requirements applicable to the Line of Credit made to Old School Square;-'and this attached debt service requirements to this Agreement as Exhibit "C" which is incorporated herein by reference. The amortization of the loans made hereunder, as calculated by the Finance Director, has been .determined to achieve, as nearly as possible, level debt service. Subject to the provisions of the next succeeding sentence and Section 6 hereof, Old School Square shall be obligated to pay, not later than June 1, 2007, the outstanding principal amount of all loans made under--~his agreement, plus all accrued and unpaid interest to that date. On July 1, 1992, and each quarter thereafter, Old School Square shall pay to the City from the Pledged Revenues (as herein defined), the debt service on the loans made hereunder in the amount set forth on the debt service schedule provided by the City as aforesaid. B. In addition to the above payments of principal and interest on the loans, Old School Square shall pay a late charge for any payment of principal and interest on each loan, which is received later than the fifteenth dgy following its due date, in an amount equal to 5% of such payment. C. Old School Square is obligated to pay the principal of and interest on the loans from any available unrestricted revenues of Old School Square until all principal and interest on the loans has been paid in accordance with the terms of this agreement. Neither the faith and credit, nor the taxing power of the State of Florida, the City, or Old School Square is pledged, t_~ the payment of the principal of or interest on the loans. D. Old School Square may, at any time, upon not less than 5 days prior written notice to the City, prepay, in whole or in part, any loan made pursuant to this. agreement, together with the accrued interest on each loan to the date of such prepayment. Old School Square may, at any time,, upon not less than 5 days written notice to the City, cancel the line of credit. E. The City may require that the Line'of--~Credit be paid off in full, or in part, if Old School Square has available funding once improvements to the Theatre Arts Building are completed, and prior to other improvements. 5 7. Prior to the initial draw hereunder between the City and Old School Square, each one of the following conditions precedent shall first have been satisfied: A. All governmental approvals and permits necessary for the project shall have been obtained by Old School Square. B. Old School Square shall furnish to the City a commit- ment agreement in a form acceptable to the City, and executed by the CRA stating that the CRA will agree to participate in the repayment of the Line of Credit to the City. A copy of the CRA Agreement to Guarantee Indebtedness is attached as Exhibit C. Old School Square shall furnish insurance policies with companies, forms, amounts and coverages satisfactory to the City, insuring the building and project against loss os damage b_y_.fire or other casualty, under the all-risk form of coverage with extended coverage and for such other hazards as the City may require· Said policies shall not be cancellable, terminable or subject to amendment without thirty (30) days written notice to the City. 8. Old School Square agrees to allow the City, its employees, and agents, upon reasonable prior notice, complete access to all of its documents, books, and records of any kind whatsoever. Inspection of documents, books, and records shall be during business hours and at no expense to Old School Square. 9. City and its agents and employees shall at all times during construction of the project have the right of entry and free access to the project and right to inspect all work done, labor performed, and materials furnished in and about the project. Any inspection of construction by the City (or its agents) will be at the sole cost and risk of the City (or its agents). Further, such inspections will be performed in a manner so as to not interfere with construction and in no event shall any such activity violate insurance requirements or safety rules and regulations. 10. City and Old School Square agree that this agreement may not be amended in any material respect without the prior approval of the City 'Commission of the City of Delray Beach, Florida, and the Board of Directors of Old School Square. 11. If Old School Square shall at any time prior to the comp~etion of the renovation project abandon the same, cease work thereupon for a period of sixty (60) days, except for permitted delays or other delays beyond the reasonable control of Old School Square, or fail to complete said project in substantial compliance with the plans and specifications therefor and all applicable statute, ordinances, codes, rules and regulations of all authorities having jurisdiction and within .the period of time required herein, or if a material default shall occur with respect to the terms and conditions of any document executed and delivered by' Old School Square pursuant hereto, the City may, at its option, cancel the remaining amount under the Line of Credit, or upon written notice, request the CRA to cure such default within 30 days. If default is not cured upon 30 days written notice to Old School Square with a written explanation of the reason for the notice, the City may, at its option, declare the entire unpaid Line of Credit hereunder to be due and payable immediately, prohibit future drawings on the Line of credit, and/or take whatever other remedies are available under applicable law. 12. Events of Default. The following shall be material defaults under the agreement, and the terms "material default" or "default" shall mean, whenever they are used in this agreement, any one or more of the following events: (a) Failure by Old School Square to pay when due any loan payment required to be paid under Section 6 hereof, which failure shall continue for a period of twenty (20) consecutive days, taking into account any grace period provided to Old School S.q~are under this agreement; (b) Failure by Old School Square to observe and perform in any material way any covenant, condition or agreement on its part to be observed or performed as set fOrth herein, other than as referred to in Section 8, which failure shall continue for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied, is given to Old School Square by the City, provided, however, that if the failure be such that it can be corrected but not within such 30 day period, then'such event shall not be an event of default if appropriate corrective action is instituted by Old School Square within the 30 day period and diligently pursued until the failure is corrected. 8 13. Old School Square, for itself and its successors and assigns, covenants, and agrees that during the terms of this Line of Credit Agreement as follows: A. Old School Square will not discriminate against any employee or applicant for employment because of race, color, religion,'sex, handicap or national origin. Old School Squace will ensure that applicants are employed and that employees are treated during employment without regard to race, color, religion, sex, handicap or national origin. Such actions shall include, but not be limited to the following, employment, upgrade, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection of training, includi~ apprenticeship. Old School Square agrees to post ia conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. B. Old School Square will in all solicitations of advertisement for employees placed by or on its behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, handicap or national origin. C. Old School Square will include the provisions of Paragraphs A and B in every contract, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, so that such provisions will be binding upon each such contractor or subcontractor, as the case may be. D. Discrimination as used herein shall be interpreted in accordance with Florida and federal laws construed by court decisions. 14. This agreement shall be.binding upon, inure to the benefit of, the permitted successors and assigns of the parties hereto. 15. Any notice which any party hereto may desire may be required to give any other parties shall be in writing, and the mailing thereof by certified or equivalent mail, postage prepaid, return receipt requested to the respective addresses of the parties set forth below, or to such other place as any. party hereto made by notice in writing designate for itself, shall constitute service and notice hereunder two (2) buSiness days after the mailing thereof; T~ City: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To Old School Square: Old School Square, Inc. 51 N. Swinton Avenue Delray Beach, Florida 33444 Any such notice may be served by personal delivery thereof to the other party, which delivery shall constitute service of notice hereunder on the date of such delivery. 16. This agreement, including any exhibits, constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other 10 agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said agree- ments must be in writing and executed by both parties. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date first above written. W~//~ OLD S~HOOL SQUARE, INC. City CZe~k /- / Approved as to Form and Leal Suf~iency: ~~3~Clty Attorney 11 GUARANTEE OF REPAYMENT OF LINE OF CREDIT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Guarantee made this _o~ day of /~ , 19~by the DELRAY BEACH COMMUNITY REDEVELOPML~NT ~GENCY, (hereinafter referred to as ("CRA"), to the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, hereinafter referred to as ("City"). WHEREAS, Old School Square, Inc., hereinafter referred to as "Old School Square", desires to obtain a line of credit in the amount of Four Hundred Thirty-Five Thousand Dollars ($435,000) from City for the rehabilitation of the. Cultural Arts Center at Old School Square; and, WHEREAS, City will establish the line of credit under the terms set forth in the Line of Credit Agreement attached to this Guarantee as Exhibit "A", provided that the CRA furnishes security in the form of a guaranty of repayment of the line of credit. In consideration of the City establishing a line of credit for Old School Square, and for other good and valuable consideration, the CRA agrees as follows: Section 1. Statement of Guarantee. In consideration of $1.00 paid by the City to the CRA and other good and valuable consideration for which receipt is hereby acknowledged, as well as for the purpose of inducing the City to lend to Old School Square the sum of Four Hundred Thirty-Five Thousand Dollars ($435,000), the CRA hereby unconditionally guarantees to the EXHIBIT "A" City, its transferees, successors, or assigns of either this Guarantee, the due and punctual payment of the indebtedness due the City by Old School Square according to the terms of the Line of Credit Agreement, payment to be made at such time or times as such indebtedness becomes due in course as contained in the Line of Credit Agreement. Section 2. Liability of CRA. The maximum amount recover- able from the CRA under this Guarantee is limited to $435',000 and any accrued interest as stated in Section 6 of the Line of Credit Agreement. The CRA's liability under this Guarantee shall not be affected'by the City's extension to Old School Square of additional time for repayment of the line.of credit. Any other modification of the attached Line of Credit Agree- ment, unless made with the CRA's written consent, shall exonera~the CRA from all liability under this Guarantee. Similarly, any other loan made or credit extended to Old School Square by the City while any indebtedness on the line of credit remains outstanding shall exonerate the CRA from all liability under this Guarantee unless the CRA's prior written consent to such other loan or extension of credit has been obtained. Section 3. Riqhts of the City. In the event Old School Square shall be in default in the payment of any portion of the line of credit, the payment of which is hereby guaranteed, CRA shall immediately, upon thirty (30) days written demand by the City, pay to the City the full amount of current payments then owed to the City which have been defaulted on, and such obligations shall become the direct and primary obligation of the CRA. Section 4. Duration of Guarantee. This Guarantee shall remain in effect until the entire obligation with respect to the Line of Credit Agreement guaranteed hereunder is fully discharged. Section 5. Notice. Any notice which any party hereto may desire to be required to give to any other parties shall be in writing, and the mailing thereof by certified or equivalent mail, postage prepaid, return receipt requested to the respective addresses of the parties set forth below, or to such other places any party hereto made by notice in writing designate for itself, shall constitute service and notice hereunder two (2) business days after the mailing thereof: Office of the City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 Executive Director of the Community Redevelopment Agency One S.E. 4th Avenue, Suite 204 Delray Beach, Florida 33483 With a Copy to: Robert W. Federspiel 501 East Atlantic Avenue Delray Beach, Florida 33483 Any such notice may be served by personal delivery thereof to the other party, which delivery shall constitute service of notice hereunder on the date of such delivery. Section 6. Entire Aqreement. This Agreement, including any exhibits, constitutes the entire agreement and 3 understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representa- tions or understandings of any kind not set forth herein. Any amendments to said agreement must be in writing and executed by both parties. This Agreement shall be binding upon, inure to the benefit of, the permitted successors and assigns of the parties hereto. IN' WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. WITNESSES: COMMUNITY REDEVELOPMENT AGENCY, ~ .~'~ By: _ _~-" ~,~._..-,--~ ~ ~.~.~ (Print or Type Name) (Print ~Type Name) C ITY~~ BEACH, FLORIDA By:~ ATTEST: City cl~rk -- ~-' Appr~o.~ as to_~orm: City Attorney EXHIBIT "B" GENERAL DESCRIPTION OF CONSTRUCTION IMPROVEMENTS Partial interior renovation of the historical 1926 Delray Beach High School, including lobby, ticket booth, gallery, auditorium seating, restrooms, mechanical,, electrical rooms, and auditorium stage will be expanded-°for use as a performing arts theatre with theatre lighting, sound, and rigging equipment'. New building addition consists of dressing rooms, crossover corridor, and support facilities, all as further described in drawing prepared by Currie Schneider Associates, Project Architect. EXHIBIT "C" .',309/0i/95 .2-~0.~ 21 1,571.03 3,64.5.24 406,471.05 ~.~06. .: .... u 3.645.24 ~2 08~;?!/75 1,879.89 1,765.`55 3,645.24 368,048.6"7 , ,.,06, ,.74..,7 i~ OWOi/L~ 1,870.92 1,77'%`52 ,3.64.5.24 ................................................................................................................ 48 02101196 I ~2~.36 1,81~.~R .... 49 0310 .... ' ................ 51 uu~.~zo L,~,.46 i.847.TM ' ~ .... .,, 06/01/96 1,788.07 1 ~ s7 == 09101196 1,75%60 1.o~.6~ 56 ~0~,]!~% ~,i.,0.''~,~ I.=~...~"~= ~ .......... ~.~,~.:~ 57 11/01/% " ~ ' .,8 12101/% 1~7~0.70 1,914 =' 3 .... 59 01101/97 l~aO.?~ ,,ga4.Z7 ~.=*u.~. 60 02101/97 1,711.!9 1.9.,....~ 61 0~/01/97 1,701.~6 1,943.88 .,, o~.~. ~, 63 05101197 1,681.54 l%963.70 64 06101/97 1,67!.56 1.973.68 o,o*~.~, ........... 66 08101197 1,651.44 1.99~.80 ~,645.24 67 09101197 ~.~1 ~,uO~. Y., ~,~5.~ 68 10101197 1,631.12 2,..n~a.. 12 ..... ' ........... ~ 69 11101197 1,6~V.oo 2.VZ~.~o 7C) i2/01/97 1,610.59 2.' ....... " 01101198 l,~O0 2,044 99 ~ 02101198 ,,u89.85 ' ~' ...... 74 04/01/98 I,uo8.91 2.076,35 78 08101/98 1,526.36 2,118.88 5,645.24 80 I0/01/98 ~',~v4. =~ 77 2.!40.47 o~ 11/01/98 1.495.85 .... ' 82 12701/98 1.482.9., , ,.. -, 83 01/01/99 1,471.96 ~ '~ 28 Bi 0210t199 - 1,460.9i ....... . ~o 04101/99 I,,08.65 ~,zOo.~ 87 05/01/99 1,427.45 2.2i7.8! Bg 06101199 1,416.16 ~,.z,.O~ ~.a~5.~, 89 07101199 1.t04.85 ' ' 4t ..... VO 08/01/?9 1,393.44 o ..... · 91 09101199 1,381.99 ...... . 92 10101199 1,370.49 ~ -,7, ~ z~.,.,o 3,645.24 ~zlOxt% 2.297.94 95 01/01/00 1,335.62 v xn~ 62 u.~ Irderes~ Principal Payment .- 114 0~/01101 t, 10~.{,4 2,543,20 a,645.2{ 1i6 I0/0!/0! 1,076.12 2,569.12 3,645.24 207,I~.68 !19 v,~Ol,02 !~t,e=. t4 z,6uS.Su o.a40.~4 201~0.70 10.915.72 .),o4~. 2~ i88.r~L 96 126 08/01/02 942.50 n ....... 24 ' ' ' 152 02t01105 ~,9.~,1 ~ o, ~ ~ 'a ...... '~ 80u ,~ 2,845.$2 . . 136 06/01/03 ,. o ...... LO~N ~' l_~rm i5.33 vt:. DUE ............................................................................................................... 146 ...... '"' ~ .... ..,.:. 2 ~.~ 'n : 5,64Z.2~ i22,~4.60 147 ~-~.,!/0~ ^XS,Sj_. -~...,v-~,~ "' ....... . . 148 06101i0'I b23.~S. '-'-.:..,.,.A'?' 6o, .~.os,~.:, ....... ~,9.~.,,.9,," .'"" n · .,.~4.,.2a ' ' '"" 149 07101104 a,:,~.'"° ,=.,o .,.....;:'~ '::?,v,, '''~ "' = . ,1~,~.}.,.o~ i0.935.72. 150 UO,'..~,/v'~ ~,?s.,'~, $.v.,-'."" .... .~.o%,.,'~' ~,~ 07101/04 si;.:-. 3.AAP...A? ...... a ....-,¢ L,~ 10/01/04 :,Al 63 .~.%o.~1 3,645.24 107,4UI..'4 -. (:q.n n,-, ? , c n: ,A~ -fin 154 .... '" ~'~n_.. ......... ~,o'~,~. 2,t '" ..... ..... 1U,9oJ. ~s .... "' ...... 98.056.~ ' ?" "'"' 155 01/0~/05 ,I~...,, .~. ~.,,'.L o., ~...~.~4 . 15,:~02/01'/0~ -i?:-:'.45 31~.-.~.~? _._ :-.. 9'I.'?:-)'?.76 -:; !c, 4. ,,-, 91.7'I& 98 0.. 0..'/?~, 41'~2. 't~'' ......... ':} . ~ ' 88,568. !2 !0,9~5.72 ~,_h.~. oo 3~''tn o Ch't,J. , 1.8 04/01105 ...... i:o.86 .... 15q 0.J~0bu~ 450.22 .',. ~..,:.-' :. :._,4.:. ,-, 8.~,-.,'7,;..ls 160 06,0:/0~ . ~o _, . . ,,.,.,. .%2!1.26 161 07/01/05 4i" '~ ..... n 162 08/01/05 40!.25 -_,,i-~.~.:,." ""-' °'~ ...... ,~,o-.,~..~? . 75,b90.27-~-- 163 vg/0i/u~ ........... 48 ""~' ~' -~,zov. o,o~a.~". 72.4~.79 .t 11,:i105 :,._, .~ ..,. ,':~./i ~,04~._,~ 65.~9.02 165 ..... I 6--.,A,,. 166 "~" .............. r ..... " ~. - o ,', 167 01/01/06 .'i-..?? 9A -3.327." .......... "~ "~'h'/0b ....... ':',t., 2~ - , ,' m, ~= ,,-"" n~. 168 v~,~.~ ..,v~.,.'~ .,.~..,. . . ~.~.u_ 169 01,.,,.IO6 ,~_:. ,_,.,' ................ .:,..,o,. . zu J.c,.,~,. ,, 52.5~5.88 170 04/01/06 "" '~' ....... , '= ' 1:3 0::0:~,~ '..'15. i7 ~ ,.;zO r7 - ,,,= ",-, ',,', -', ',, t75 091Al/AA ' . ._ ,.,2V. ,-! .,jtffOd. Oj' - J ~m ~,~. '?, · .,. 6-~.:. ~'4,8..,,,-..: :~ 10,935.72 ~O~t,.'/uo :52.60 176 ' '"' "' ? '"""'" ' '=" ~ ~'"" ill l;IV:!t'O i~, -'J i, d;~l', '3* .~), '~. ~, L q' 17B ....... "" ' ?' -'~"~ '~ 179 ,ql/Oi/n7 ...... 3 53~ n? ? c,: ~.: t" e'~ 180 0~./,,: ...... ."v/ ,~':.'~" ~...,~,-,.W -Uo',~..~? 14,.:%.'69. !82 04101/07 SS.f:` ....... ' : '~ ' ..,~U.z~' a...',4.~..,4 7,2ZG,4! IU,%~.7- .~-.~ ,:.-v 01 -_,,aOg.w/ ,~.6.,,~. c 4 3,624.74 ,n ...... .-', '"' 4~ ' 'q,A4fi 94 /!.8RI - m-~,, , .,.,.,4 (.,o/,)l/L)/ ,c., _ 3,626,..~1 ....... ....................................... EXHIBIT "D" AGREEFW. NT TO GUARANTEE INDEBTEDNESS THIS AGREEMENT TO GUARANTEE INDEBTEDNESS is made this ~ day of TH~C , 1992, by and between the COMMUNITY REDEVELOPMENT AGENCY OF ITY OF DELRAY BEACH, hereinafter referred to as the "CRA," and OLD SCHOOL SQUARE, INC., hereinafter referred to as "OLD SCHOOL SQUARE." WI TNE S SE THI WHEREAS, the OLD SCHOOL SQUARE has entered into that certain line of credit agreement (the "Line of Credit Agreement") with the City of Delta- Beach, Florida, dated ~ ~D · /~ which agreement provides a loan, (the "Loan"), fr~om t~. City of Delray Beach, Florida to OLD SCHOO~ SQUARE in the principal amount of Four Hundred Thirty-Five Thousand Dollars ($435,000.00); and WHEREAS, a condition of the funding and disbursement of the loan amount under the Line of Credit Agreement is the obtaining by OLD SCHOOL SQUARE of an agreement'-f, rom the CRA to provide a guarantee for the repayment of the sums due under the Line of Credit Agreement; and WHEREAS, OLD SCHOOL SQUARE and the CRA are desirous of entering into this agreement whereby they shall set forth their respective rights and obligations with respect to the CRA's delivering the requested guarantee to the City of Delray Beach pursuant to the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained the adequacy of which is acknowledged by the parties, the parties hereby agree as follows l 1. Upon OLD SCHOOL SQUARE executing and delivering to the March 30, 1992 1 City of Delray Beach that certain Line of Credit Agreement as set forth in Exhibit "A" attached hereto and made a part hereof (the "Line of Credit Agreement"), the CRA agrees, subject to the provisions and covenants hereinafter set forth in this Agreement, which such provisions and covenants shall survive the closing, to execute and deliver to the City of Delray Beach a Guarantee of the .Line of Credi~qreement pursuant to the form attached hereto as Exhibit "B," (the "Guarantee"). OLD SCHOOL SQUAR~ covenants and agrees to set aside and utilize for the sols purpose of making payments to the City of Delray Beach, required under the Line of Credit Agreement., any interest earned on the deposit of the proceeds of the loan made to OLD SCHOOL SQUARE as hereinabove described. 2. OLD SCHOOL SQUARE hereby agrees that in consideration of the CRA executing and delivering the above referred to Guarantee to the city of Delray Beach that in the event the CRA shall be called-upon by the City ._~/f~Delray Beach to perform any obligations pursuant to said Guarantee, the performance 'of said Guarantee by the CRA shall give rise to an indebtedness from OLD SCHOOL SQUARE to the CRA in an amount equal to such sums' as CRA be called upon to pay to the City pursuant to the Guarantee, as well as all attorney fees and Court costs incurred by the CRA with respect thereto. The said indebtedness created thereby shall be immediately due and payable by OLD SCHOOL SQUARE to CRA and the CRA shall reserve the right to direct the timing and method of the :epayment of said sum by OLD SCHOOL SQUARE without waiving any rights which the CRA may poem'ess by reason of said indebtedness being a demand obligation. Fur~her,'- OLD SCHOOL SQUARE agrees to indemnify, save, and hold the CRA harmless to the fullest extent for any costs, damages, or other expenses of whatever March 30, 1992 2 nature including attorney fees and Court costs (through and including the appellate level) arising out of the CP~A's making the Guarantee and performing thereunder. During any such time as OLD SCHOOL SQUARE shall be indebted to the CRA pursuant to the provisions above by reason of the CRA having to have performed under the Guarantee, OLD SCHOOL SQUARE shall be prohibited from expending~.~any funds not provided for in the budget of OLD SCHOOL SQUARE, other than donations received by OLD SCHOOL SQUARE which are restricted for designated purposes by the donor. In addition, CRA may nominate any person, including but not limited to a Commissioner of the CRA, to a vacant position of OLD SCHOOL SQUARe. The nominee shall be considered as a potential Board Member of OLD SCHOOL SQUARE on the same terms and conditions any other nominee. OLD SCHOOL SQUARE shall notify CRA at least thirty days (30) prior to filling any vacant position. 3. During the term that the Guarantee shall remain outstanding, OLD SCHOOL SQUARE covenants as follows~ A. A designee of the CRA shall be granted an exofficio seat on the OLD SCHOOL SQUAR~ Board of Directors. OLD SCHOOL SQUARE shall provide the said Board Member notice of ail meetings to be held by the Board of Directors of OLD SCHOOL SQUARE and said member shall have full and complete access to all books, records and information relative to OLD SCHOOL SQUARE business affairs. B. OLD SCHOOL SQUARE shall on or before June 1 of each calendar year appear before the CRA at a regularly scheduled meeting and state OLD SCHOOL SQUAI~E'S intentions with regard to the next fiscal year's budget of OLD SCHOOL SQUARE and in particular the need, if any, of the CKA' s funding of the principal payments and debt service required by the Line of March 30, 1992 3 Credit Agreement. OLD SCHOOL SQUARE shall provide a copy of their proposed budget for the forthcoming year prior to such meeting. C. Within Ninety Days (90) after the end of each calendar year during the term of the Guarantee, OLD SCHOOL SQUARE shall deliver to the CRA reviewed financial statements prepared in accordance .... :~with a generally accepted accounting principals for the-preceding fisca year. 4. This agreement shall be binding upon, inure to the benefit of, the permitted successors and assigns of the parties hereto. 5. .Any notice which any party hereto may desire may be required to give any other parties shall be in writing, and the mailinc thereof by certified or equivalent mail, postage prepaid, return receip~ requested to the respective addresses of the par~ies set forth below, or to such other place as any party hereto-made by notice in writing designate for itself, shall constitute'serVice and notice hereunder two (2) busines~ days after the mailing thereof8 March 30, 1992 4 Old School Square, Inc. 51 N. swinton Avenue Delray Beach, FL 33444 Executive Director of the Community Redevelopment Agency One S.E. 4thAvenue, Suite 204 Delray Beach, FL 33483 With a Copy tot -~. Robert W. Federspiel 501 East Atlantic Avenue DelrayBeach, FL 33483 Any such notice may be served by personal delivery thereof to the other party, which delivery shall constitute service of notice hereunder on the date of such delivery. 6. In connection with any litigation arising out of this Agreement or the covenants and warranties contained herein, the prevailing party shall be entitled to recover its reasonable attorneys' fees a~osts. 7. This Agreement, including any exhibits, constitutes the entire, agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said agreements must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above written. UARE, INC. WITNESSESs' ' Byt ~ COMMUNITY REDEVELOPMENT AGENCY, INC. March 30, 1992 5 WITNES~: //.~ COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH ~~ ~~ Ko~n Egan~i~r~an -1~J-~, . ~~/ March 30, 1992 6 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~;~ ~ [ SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF JULY 21, 1998 FY 1999 BUDGET/ESTABLISHMENT OF PROPOSED MILLAGE RATE DATE: JULY 17, 1998 Staff will provide additional information concerning the millage rate at the meeting. At this point, however, I plan to recommend that the proposed millage rate be established at 7.75 mills. We are still in the process of putting together the budget books. They should be ready to send out to you on Monday evening. ref:agmemo20 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~'(~'- REGULAR MEETING OF JULY 21, 1998 BID AWARD/TOWING CONTRACT DATE: JULY 16, 1998 On May 5, 1998, the City Commission rejected all bids that had been received for the Police Department towing contract. The basis for rejecting the bids was that staff did not feel the unit prices submitted by the vendors were fair prices to the public. The recommendation was to rebid the service, establish a fair unit price to the public for towing services, with evaluation criteria for award to be based on franchise compensation to the City, experience, qualifications and past performance of the contractor. The contract was rebid, with eight vendors submitting proposals on June 9, 1998. The attached memorandum outlines the review process used to evaluate the bids. Based on the information received by the review committee, staff recommends award of the towing contract to McAlpines Towing with a total annual franchise fee of $100,000 'to be paid annually to the City. ref:agmemol4 MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph SLUice Director DATE: July 13, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING JUNE 21, 1998, BID AWARD - RFP #98-34 REQUEST FOR PROPOSALS - TOWING FOR POLICE DEPARTMENT Item Before Commission: The City Commission is requested to approve the award for the Request for Proposal #98-34 for the annual contract for Towing for the Police Department to McAlpines Towing with a total annual franchise fee of $100,000 to be paid annually to the City of Delray Beach. Background: Request for Proposals were received on June 09, 1998, from eight vendors all in accordance with City's purchasing procedures. (RFP #98-34 on file in the Purchasing Office.) This request for proposal contained established unit prices for vendor to charge to the public, and asked for a franchise fee to be paid annually to the City of Delray Beach. A tabulation of bids is attached for your review. A review committee consisting of Joseph Safford, Finance Director, Milena Walinski, Asst. Finance Director, Lieutenant Mark Davis, Police Department and myself have reviewed the proposals received and recommend award to McAlpines Towing. The review committee met on two separate occasions with McAplines Towing to review their qualifications, references, past performance, owners and officers and financial reports. Purchasing checked the list of references submitted by the vendor. See attached memo dated June 23, 1998, to Lieutenant Mark Davis. In addition, the Board of County Commissioners, Division of Consumer Affairs states there has been no complaints recorded during the past three years for McAlpines Towing, per attached facsimile dated June 24, 1998. Lieutenant Mark Davis conducted a visual inspection of the tow yard, as stated in the attached memo dated July 07, 1998. The vendor has submitted documentation that they will purchase additional trucks if awarded the contract. Recommendation: Based on the information received by the review committee, staff recommends award to McAlpines Towing for the annual contract for towing for the Police Department with a total annual franchise fee of $100,000 to be paid annually to the City of Delray Beach. Attachments: Tabulation of Bids Memo From Purchasing Memo From Lieutenant Mark Davis Facsimile From Board of County Commissioners CITY OF DELRAY BEACH TABULATION OF BIDS RFP #98-34 REQUEST FOR PROPOSALS WRECKER/TOWING SERVICE FOR POLICE DEPARTMENT JUNE 09, 1998 McALPINES EMERALD ZUCCALA'S SCOTT'S VENDORS: TOWING TRANSPORTATION WRECKER TOWING & CORP. SERVICE INC. RECOVERY INC. TOTAL ANNUAL FRANCHISE FEE TO BE PAID TO $100,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 CITY ANNUALLY LIST OF EXPERIENCE, YES YES YES YES QUALIFICATIONS, YES YES YES YES OWNERS, OFFICERS NO YES YES NO LIST OF EQUIPMENT SUBMITTED YES YES YES YES WITH PROPOSAL PACKAGE COMMENTS/ EXCEPTIONS KAUFF'S OF BECK'S TOWING MAC'S TOWING GREG'S VENDORS: PALM BEACH & RECOVERY SERVICE TOWING CORP. INC INC. TOTAL ANNUAL FRANCHISE FEE TO BE PAID TO NO BID NO BID NO BID NO BID CITY ANNUALLY LIST OF EXPERIENCE, QUALIFICATIONS, OWNERS, OFFICERS LIST OF EQUIPMENT SUBMITTED WITH PROPOSAL PACKAGE COMMENTS/ WE DEEM THIS CAN'T AFFORD NOT WILLING THE PRICE EXCEPTIONS TO BE AN TO PAY THE TO WORK SET IS TO UNFAIR BID CITY TO TOW FOR YOUR LOW. THE FOR TOWING CITY VEHICLES RATES. ONLY COMPANY & RECOVERY. FOR FREE. HAVE THAT CAN MAKE A LETTER MOTORCLUBS MONEY OR DETAILING THAT PAY MORE BREAKEVEN IS UNFAIRNESS THAN $25.00 BEING SUPPORT- TO FOLLOW. FOR 1 HOUR. ED BY A BODY THIS IS THE SHOP FOR THE WORSE BID I WRECKS. HAVE EVER SEEN. MEMORANDUM TO: Lt. Mark Davis, Police Department FROM: Jacklyn Roon~y, Purchasing Supervisor~ THROUGH: Jose~Finance Director DATE: June 23, 1998 SUBJECT: RFP #98-34 Request For Proposals Towing For Police Department Attached is the list of references submitted by McAlpines Towing for the above mentioned proposal. I have placed a call to each of these references and comments received are as follows: Delray Auto Plaza (561-416-3391 Robin Schiller - "We use them all the time. Excellent Service, very competitive on their pricing. No signed contract that I am aware of." Carol Connacher - "They are very good. Been using them since I have been here (for 5 years). No problems at all. Very responsive." Boynton Beach Police Department (561-375-6031) Hugh McCaffrey, Communications Manager - "They are on our rotation list. Had problems getting communication with them a few times. They assured us this wouldn't happen again. (approximately 2 to 3 months ago)" Sgt. Wendy Danish (375-6109) "They are on a rotation list. Have been on our list for a short time. I have no complaints against McAlpines Towing. Have had no problems with their response time". Scott Blasie, Code Enforcement, City of Boynton Beach (375-6121) "They are on our monthly rotation list. Each month we give them a list of cars to tow. This list must be returned to us with the status of each car listed. We have had to call them several times to get that list back to us this last month. Other than this problem, have no other major problems. Would rate them satisfactory". Palm Beach County Sheriff's Office (561-533-1225) Jim Barnhill - Purchasing - ext. 35 - "We have not used them yet. Not on our rotation list that I am award of". Lantana Police Department (561-540-5700) Sgt. Hagarty - "They just got on our rotation list in March of this year. No problems in getting in contact with them. They respond within 15 to 30 minutes. We have only used them about seven times". Delray Lincoln Mercury (561-276-2411) Tim Young - "We have been doing business with them for several years. We have had to use them in middle of night. Good response time, provide good service" . REFERENCES COMPANY NAME: Delray Lincoln Mercury ADDRESS: S,Federal }{wy Delray Beach, STATE: FL. ZIP: 33444 CONTACT PERSON: Tim or Bruce Young PHONE NUMBER: (561)276-2411 COMPANY NAME: Delray Auto Plaza ADDRESS: S.Federal Hwy. Delray Beach STATE: FL. ZIP: 33444 CONTACT PERSON: PHONE NUMBER: (561) 2?6-7800 COMPANY NAME: Boynton Beach Police Dept ADDRESS: 100 E.Boynton Beach Blvd. Boynton STATE: F1. ZIP: 33435 CONTACT PERSON: PHONE NUMBER: (561)732-8116 COMPANY NAME: Lan~ana Police Dept. ADDRESS: lantana, STATE: FL. ZIP: 33462 CONTACT PERSON: (561)540-5700 PHONE NUMBER: 31 DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Jackie Rooney Purchasing Supervisor FROM: Lieutenant Mark Davis '~ Special Operations, District DATE: July 7, 1998 SUBJECT: MCALPINES TOWING On July 2, 1998, I inspected the Tow Yard at McAlpines Towing at 905 N. Railroad Avenue in Boynton Beach. As the owners described in the 7/1/98 meeting, they are substantially in compliance at this time. They currently have approximately spaces for sixty (60) cars in a fenced compound which can be locked after business hours. The owners also showed me the lot that they will lease if they are awarded the contract. That particular lot, can easily be brought up to standard. Should you have any other question, please feel free to call me. Xc: Mr. Safford, Finance Director Major Schroeder Captain Gillard ~-,06/2~-/98 WED 16:2! FAX 561 235 4535 FBC CONSU~/~R AFFAIRS ~002 · BOARD OF COUNTY COMMISSIONERS  PALM BEACH COUNTY, FLORIDA DIVISION OF CONSUMER AFFAIRS 50 South Military Trail, #201 West Palm Beach, FL 33415 (561) 233-4820 (Main office); (561) 930-5124 (South & West County Toll Free) Business Information Report on McAIpines Towinq Page 1 of 1 Date of Report: June 24, 1998 Repotting Period: October 1, 1994 to June 24, 1998 d/b/a: Mc. Alpines Towing 905 N Ra'llroad Ava #~ I~oynton Bsa;h, FL 33435 Contact: Robert W. Jordan The report on this business is based upon the information we have for this reporting period only. There have been no complaints recorded during the past 3 years. 07/01/98 WED 10:16 FAX 561 235 4838 PBC CONSUMER AFFAIRS ~002' July 1, 1998. Department o1[ Public Safety Division of Cons#mcr Affai~ P~ob~l't Jord~ 50 $, MHttary Trail, Suite 201 McAl~ino's Towin~ Cir i501) 2~5-4820 Main Office Delrav Beach, FL 33444 ,6l) 930-5124 South & We~[ County g~: (501) 235.4838 Re: Receipt of 1998 "Towing Vehicle Decal" new application fees hi., S,ach cou.ty Dear Robert Jordan: Board of Count'~ Commissioners This is tO i~o~ you ~t ~o Division of Cons~er ~,~t ~ro~o,. chai~n 1998 "To,rig Ve~clc D~" info~a~on for ~e additional ~o new ~cks ~a~,a, ~,a ,..,. v,~. Ch.,~, ~d. ~e replacemen{ of ~other ~ck ~d yo~ payment in the to~ ~o~t of $275.00. I' have encl0~d Re~ipt No. CA00000837 reflecting ~eipt of Karen ~ Marcus your payment. Carol ~. Roberts wa',n ~. ~e,~u Yo~ application is now berg processed. If you have ~y questions, plebe conact Bony Mapp~ Licensing Secreta~. Mary M¢Carty Ken L. Foster Sincerely, ROb~r~ Wclsman, P.E. Lawrence A. Brccdcn, Director Division of Consumer Affairs LAB/bm/gs~e,~p · Enclosure Equal Oppormni~ ,$~irnMn've Am'on gmp~oycr" ¢ 316 W. MILWAUKEE P.O, BOX 511  ~. NEW HAMPTON, IOWA 50659 (515) 394-3166 · .." 1-800-~_~-G047' TRUCK EQUIPMENT, INC. Ju~e 19, 1998 Darren McAlpine McAlpine Towing 15021 Jackson Road Delray Beach, FL 33484 Dear Darren, As per our conversatiOn, f~ou have been approved for financing 'on either of the ~rucks we discussed Your deposit has been recleved and we will hold either truck, pending your descision, and the approval o= the city of Del Ray Beach Florida..I look forward to doing business with you again. Thank You. Sincerely, · Jim Heller Sales Representlve , TOT~., '..01. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ROM: SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JULY 21, !998 BID AWARD TO INTERCOUNTY FOUNDATION, INC. FOR THE BUCIDA ROAD WATER MAIN & DRAINAGE IMPROVEMENTS PROJECT DATE: JULY 15, 1998 This is before the Commission to consider approval of a bid award in the total amount of $104,525.00 to Intercounty Foundation, Inc. as the lowest responsive bidder for the Bucida Road water main and drainage improvements project. The apparent low bidder was Struc. Tech Engineering, Inc.; however, their bid was determined by staff to be non-responsive (letter attached). Funding for the project will be as follows: $56,565.00 from 442-5178-536-63.50 (W&S Renewal and Replacement/Water Line Upgrades), $15,000.00 from 448-5411-538-63.65 (Stormwater - Golf Court/Birdie Court), and $32,960.00 from 448-5411-538-63.67 (Stormwater - Lakeview). Recommend approval of the bid award in the total amount of $104,525.00 to Intercounty Foundation, Inc. as the lowest responsive bidder. ref:agmemo9 Agenda Item No. AGENDA REOUEST Date: July 13,1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: July 21, 1998 Description of item (who, what, where, how much): Award of the contract to Intercounty Foundation, Inc. in the amount of $104,525.00 for the Bucida Road Water Main & Drainage Improvements Project 98-54. The funding for this project will be provided from the following: Funding Source Account Number Amount Water & Sewer R/R 442-5178-536-63.50 $56,565.00 Drainage 448-5411-538-63.65 $15,000.00 Drainage 448-5411-538-63.67 $32,960.00 ORDINANCE/RESOLUTION REQUIRED: YES DRAFT ATTACHED YES Recommendation: Staff recommends award of the Bucida Road Water Main & Drainage Improvements Project 98-54 to .I]~tercounty Foundation, Inc. with a bid in the amount of $104,525.00 Department headsignature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budgetfunds): Director Review (required/~_~a~t~ems ~nvolving expenditure of Funding available: ~/NO Funding alternatives (if applicable) Account No. & Description See elow Account Balance See below City Manager Review: Approved for agenda: /x~/~N~442~5178-536-63.50 Other Impr-W/M $221,703.34 Hold Until: ~ 448~5411-538-63.65 Impr Other- 25,251.16 Golf/Birdie Ct Agenda Coordinator Review: 448-5411-538-63-67 Impr Other- 62,855.00 Received: Lakeview As of 7/14/98 Placed on Agenda: Action: Approved/Disapproved DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden, City Manager FROM: Barron Caronite, Assistant City Enginee~~l~ DATE: July 13, 1998 SUBJECT: Bucida Road Water Main & Drainage Improvements Project No. 98-054 Please find enclosed the agenda request for Comission to award the Bucida Road Water Main & Drainage Improvements contract. I have attached the bid tabulation, in addition to, a letter to Struc. Tech Engineering, Inc notifying them why their bid was determined to be non responsive. The work generally consists of the construction of the following: Removal of approximately 400 L.F. of 15 inch to 30 inch concrete drainage pipe and 400 L.F. of 4 inch water main. Construction of 2 drainage structures and I conflict structure, as well as, approximately 300 L.F. of 30 inch concrete drainage pipe, 80 L.F. of 18 inch concrete drainage pipe, and 50 L.F. of 15 inch drainage pipe. Construction of approximately 500 L.F. of 8 inch C-900 water main, 2 fire hydrants and 4 water services. Construction also includes the restoration of asphalt paving, asphalt driveways, road side sodding, pavement markings and the maintenance of traffic. The lowest responsible, responsive bidder for this project was Intercounty Foundation, Inc. with a bid of $104,525.00. Funding Source Account Number Amount Water & Sewer RJR 442-5178-536-63.50 $56,565.00 Drainage 448-5411-538-63.65 $15,000.00 Drainage 448-5411-538-63.67 $32,960.00 If acceptable, please place this item on the July 21, 1998 Commission meeting for Commission approval. Attachment cc: Randal Krejcarek, P.E. City Engineer Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director Nancy Davilla, City Horticulturalist File: 96-10 (A) NTA-MEMO.doc £1TY OF DELRI:IY BEI:I£H pE, L~Y. B,E^SH'  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 1993 Mr. Henri Hage, President · Struc. Tech Engineering, Inc. 351 South Cypress Road Suite 301 Pompano Beach, FL 33060 Reference: Bucida Road Water Main & Drainage Improvements Project No. 98-054 Dear Mr. Hage: Following a review of your original documents, additional references, and equipment inventory, your bid has been determined to be non responsive. In short, none of the five references provided any evidence of sucessful completion of an underground utiltiy construction project with a scope similar to the Bucida Road Project. Storage Express, Inc., Fontaine & Associates, Inc., and AFL7_ Builders, Inc. were provided as references in the bid. In addition, the bid indicated active contracts with both the City of Boca Raton and the City of Ft. Lauderdale. The references revealed the following: ARZ Builders acted as a subcontractor to Struc. Tech. Struc. Tech provided structrual concrete design and inspection services for the Storage Express Facility. Struc. Tech did not act as contractor on the Storage Express project. Both of the project managers for the City of Boca Raton and The City of Ft. Lauderdale indicated that their current contract with Struc. Tech only involved sidewalk construction and some swale grading. Both city represenatives indicated that no underground construction was included in their respective contracts. Finally, Mr. Ernest Fontaine of Fontaine & Associates indicated that Struc. Tech acted as prime contractor for a building construction project in Miami. Mr. Fontaine stated that Struc. Tech was not the primary contractor for the minor underground utility work that was completed on the site. THE EFFORT ALWAYS MATTERS Pnnr~ o~ RecycJed Pe~oer In addition, it was indicated in your bid that Struc. Tech owned all of the equipment required for completion of the Bucida Contract, that no equipment would be rented and that no equipment would be purchased. Struc. Tech Engineering Inc. provided a list of equipment they owned. I have attached the equipment list. It is my opinion that the equipment listed in their inventory is not adequate to construct this project. In conclusion, since Struc. Tech Engineering Inc. did not demonstrate that it had neither prior experience nor the equipment necessary to complete the work in the Bucida Road contract, their bid was dedermined to be non-responsive. This finding is consistent with section 3 of the "Instruction to Bidders" which states: The CITY reserves the right to make such investigations as it may deem necessary to establish the compentecy.and financial ability of any Bidder to perform the Work and if, after investigation, the evidence of his competency or financial abilily is not satisfactory, the CITY reserves the right to reject his bid. If you have any questions or require additional information, please call me at 243-7326. BarTon Caronite Assistant City Engineer Enclosure cc Richard C. Hasko, Dir. of Env. Svcs. Randal Krejcarek, City Engineer File: Project No.: 98-054 s:\engadrnin\projects\98\98-054\letters~strctech.doc STRUC. TECH E~ .!_.~TEERING, INC ::..~ . CONSTRUCTION I~4~ERS & COI~J~ACTORS "~ ....... ' ................ ~ .......... Iunc 15, 1998 Mr. Baron Caronite CITY OF DELRAY BEACH Deiray Beach, Florida Re: List of Equipments P, equeatcd . CASE 9040 Hoe Excavator CASE 62 i Wheel Loader CA~ 580 CombinaQon - 2" Water Pump - Stre¢~ Saw - (~m Soil Compactor If you have any question~, please Do not hciitilte tO contact our once. ,, ~\ j~ Te! (954) 783-0260. Fax (954) 783-0228 [O'd '[O0'°N 6S:t7[ 86 9'[ un£ 9~0__c82._G0c,:"3"4! HD'41'Df3~IS./'31NI XSNNI MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~/1 SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF JULY 21, 1998 CRA REQUEST TO AMEND ELIBILITY GUIDELINES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM DATE: JULY 17, 1998 With the Community Redevelopment Agency moving forward with the West Atlantic Avenue redevelopment plan, there may be a need to relocate existing homeowners currently located in the redevelopment area. As a result, the CRA is requesting the City to amend the eligibility guidelines for participation in the Delray Beach Renaissance Program to allow displaced, existinq homeowners to participate in the program. Under our current policy, homeownership assistance is limited to first time homebuyers. CDBG and HOME dollars are further restricted by federal regulations; however, the State SHIP program regulations do not restrict its dollars. This is the municipality's option. Up to this point we have chosen to limit participation to new homebuyers as opposed to recycling existing ones. Given the circumstances which may occur as the result of a redevelopment project in the West Atlantic Avenue area, staff is recommending consideration of the CRA's request to amend our guidelines under the Renaissance Program to allow participation by existing homeowners, subject to the following conditions: (1) That the City's award of affordable housing subsidies to existing homeowners be limited to families residing in the West Atlantic Avenue Redevelopment Area and who are subject to displacement resulting from the need to accommodate a redevelopment project assisted by the CRA. (2) That the City allocate and budget in support of the West Atlantic Avenue redevelopment activities a maximum of four (4) subsidy awards annually, not to exceed $15,000 each. (3) That the potential homebuyer meet the requirement for eligibility as established under the City's affordable housing program guidelines. (4) That the subsidy awards be limited to families who are verified at 80% and below the median income limit established for Delray Beach and published by the Department of Housing and Urban Development. Recommend approval as outlined above. ref:agmemol3 Date: July 15, 1998 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular __ Special __ Workshop __ Consent When: July 21, 1998 Description of Agenda Item: Communitv Redevelopment Agency'.s Re~uest--fe~ Huu~inu,,Subsid'!es ~'~-5 Ordinance/Re~olution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: City. Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Altematives: .(if applicable) Account # & Description: Account Balance: City Manager Review: Approved for agenda: No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 5/98 MEMORANDUM DATE: July 15, 1998 TO: David Harden, City Manager FROM: Lula Butler, Director, Community Improvement RE: City Commission Approval of CRA's Request For Housing Subsidies ITEM BEFORE THE COMMISSION: City Commission consideration and approval of the Community Redevelopment Agency's request to allow displaced, existing homeowners located within the West Atlantic Avenue Redevelopment area to participate in the City's Affordable Housing Program, amending Section IV(A)(1)(g) of the adopted Program Description governing the same. BACKGROUND: The City's Affordable Housing Program description approved by the City Commission provides for homeownership assistance in the form of downpayment, gap funding, closing cost, lot acquisition and/or the payment of impact fees to eligible first-time homebuyers. The subsidy awards are made available through funds awarded to the City under the State-funded SHIP Program, the Consortium agreement with Palm Beach County for the Federal HOME Program as well as the Community Development Block Grant Program. The City's Affordable Housing Program was established as a "First- Time Homebuyer Program" in compliance with the federal regulations governing CDBG and HOME dollars. The State SHIP program regulations do not restrict the dollars to first-time homebuyers, but does give the municipality the option. We have elected to have all of our funds utilized consistently under the most restrictive regulations as well as being consistent with our goals to facilitate "new homebuyers" as opposed to recycling existing ones. The CRA's request requires an amendment to the Policies and Procedures that are a part of the Delray Beach Renaissance Program, Section IV(A)(1)(g), Eligibility and Priority Consideration. These adopted procedures governs our overall affordable housing program. There is no requirement to amend the SHIP Plan. It is, therefore, my recommendation that the City Commission consider the CRA's request, with the following conditions being made part of the approval: 1. That the City's award of affordable housing subsidies to existing homeowners be limited to families residing within the West Atlantic Avenue Redevelopment Area and who are subject to displacement resulting from the need to accommodate a redevelopment project assisted by the CRA. David Harden -2- July 15, 1998 2. That the City allocate and budget in support of the W. Atlantic Avenue Redevelopment activities a maximum of four (4) subsidy awards annually, not to exceed $15,000 each. 3. That the potential homebuyer meet the requirement for eligibility as established under the City's Affordable Housing Program guidelines. 4. That the subsidy awards be limited to families who are verified at 80% and below the median income limit established for Delray Beach and published by the Department of Housing & Urban Development. RECOMMENDATION: Staff is recommending City Commission approval of CRA's request to amend the Policies and Procedures governing the City's Affordable Housing Program, providing for the participation of existing homeowners living within the West Atlantic Avenue Redevelopment area pursuant to the conditions listed above. LB:DQ SHIP.Wai(lb) The Delray Beach Renaissance Program Policies and Procedures I. Purpose The Delray Beach Renaissance Program is a coordinated approach to housing delivery that utilizes the expertise and resources of all the City's Affordable Housing Providers. The Program is designed to provide homeownership opportunities to 80 home buyers through new construction and acquisition/rehab beginning October 1, 1995 through, September 30, 1998, which includes a one-year program extension. Specifically, the program has as its purpose: · Revitalization of deteriorated conditions within the CDBG and CRA target areas. · Creation of opportunities to provide viable economic mixes of income levels within the target areas. · Provision of decent, safe, affordable housing for low and moderate income households. · Through various incentives, encouragement of private builders to construct affordable housing within the target areas. · Provision of construction financing opportunities for participating builders and non profits through a consortium of lenders called the Community Financing Consortium, Inc. · Creation of a mix of affordable housing units with sale prices ranging between $60,000 and $134,040. · Credit repair to make families eligible for mortgages. · Coordination of housing delivery that provides for maximizing the ability to leverage available affordable housing funds. II. Approval These policies and procedures require approval by the Delray Beach City Commission, Delray Beach Housing Authority, The Community Redevelopment Agency, The Community Financing Consortium, Inc., and the governing boards of the Delray Beach -14- Community Development Corporation (CDC) and the Delray Beach Center for Technology, Enterprise and Development, Inc. (TED Center). III. Administration Overall administration of this program shall be in accordance with the Memorandum of Understanding entered into between the Delray Beach Affordable Housing Partners: The City of Delray Beach, The CRA, The Delray Beach Housing Authority, The TED Center, The Delray Beach CDC and the Community Financing Consortium, Inc. Implementation of these policies and procedures shall be the responsibility of the City of Delray Beach Director of Community Improvement, the Executive Directors of the Housing Authority, the CRA, and the TED Center, and the President of the Delray Beach CDC. IV. Program Description The following is a summary of homebuyer eligibility criteria and overall procedures for implementation of the of the various components of the Delray Beach Renaissance Program. A. Home-building This component involves the construction of 70 new single family units and the acquisition and rehabilitation of 10 additional single family units to be sold to the very low, low and moderate income home buyer. Subsidy is available for eligible homebuyers from the City's SHIP and HOME Program funds, the Community Redevelopment Agency's Affordable Housing Program, the Delray Beach Housing Authority, the Federal Home Loan Bank Affordable Housing Program and other public and private sources which may be made available in the future. The amount of subsidy combined from all sources shall never exceed $25,000 per household. 1. Eligibility_ and Priority Considerations a. Subsidy Limits - Program applicants will be processed on a first come, first served basis. Families whose income levels do not exceed 50% of the median income, will be eligible for a subsidy of up to $25,000 (all sources). Families whose incomes do not exceed 80% of the median income will be eligible for a subsidy of up to $ 20,000 (Housing Authority and Federal Home Loan Bank up to 65% of -15- median only). Families whose incomes do not exceed 120% of median income are eligible for CRA subsidy. In calculating the value of the total subsidy package, neither the waived building permit fees which would normally be charged for new home construction, nor the value of reduced impact fees, which are available to units constructed on lots with prior residential use, are to be considered part of the total subsidy amount. b. Family Status - Parental households with dependent children shall receive primary consideration. c. Credit Worthiness- A credit report will be requested and reviewed with the participating lender. Those households meeting the lenders credit standards will be processed further. Those households who cannot presently meet underwriting standards will be referred to the credit incubator program. d. Income - Family income will be computed according to SHIP (State Housing Initiatives Partnership) guidelines. Income is the total for all family members, and income limits are adjusted for family size. Income will be verified by signed employer verification, income tax records and current paystubs. e. Debt Ratio (Affordability) - Applicants will be screened on the lenders income to housing debt ratios. Housing expenses (PITI) shall not exceed 30% of the area median income limits adjusted for family size for the income category into which that household falls. Exception to this ratio can be made if a mortgage amount resulting in a payment higher than 30% is approved by a primary lender. f. Public Housing/Section 8 Tenants - Housing Authority subsidy preference will be given to those eligible families that are presently residing at Carver Estates Public Housing Complex or are currently receiving Section 8 rental assistance. g. First Time Homebuyers - In accordance with Federal Regulations at 24 CFR 92.2, first time homebuyers include displaced homemakers, single parents and families who have not owned a home within 3 years prior to application for housing assistance. The definition of first time homebuyer will not be applied to current homeowners displaced by the Community Redevelopment Agency's development of the West Atlantic Avenue commercial corridor. -16- 2. Homebuyer Assistance a. Assistance with Construction Financing - Forgivable no interest loans may be made for principal reduction; the payment of closing costs and payment of impact fees (ordinances adopted by Palm Beach County and the City of Delray Beach do not allow the waiver of impact fees). Principal Reduction will be secured as a second mortgage on the property and mn for 5 years for loans less than $15,000 or 10 years for loans of $15,000 or more with a 0% interest rate. For each year the household lives in the property as their principal residence 1/5 or 1/10 of the assistance amount will be forgiven. Subsidy assistance provided with Federal Home Loan Bank dollars will be secured by a third position mortgage. b. Lot Acquisition for New Construction - Assistance with the purchase of vacant, single family lots within the boundaries of the CDBG Target Area may be given to eligible sponsors or the very low and low income households needing to subsidize a portion of the cost of the home or mortgage to reduce the end price. Lots acquired and provided to eligible sponsors and/or families will be conditioned on construction beginning within twelve months of closing or assignment of the lot, and the condition that the new unit must be completed within 24 months of the fiscal year in which it was acquired. Families receiving this form of assistance must be approved for a mortgage. Lots shall be provided on a first come/first served basis. However, lots which have been identified as having had prior construction (and thereby eligible for County road and residential impact fee waivers), will be set aside for eligible very low income households. c. Acquisition/Rehabilitation Assistance - Assistance to very low and low income households to purchase existing homes which may need repair and will be used as their principal home may be provided. The assistance provided will be in the form of a deferred loan up to $25,000. This assistance will be secured as a second mortgage on the property and run for 5 or 10 years with a 0% interest rate. For each year the household lives, in the property as their principal residence 1/5 or 1/10 of the assistance amount will be forgiven. -17- 3. Recapture Provisions Families assisted under this program shall be contractually subject to Recapture Provisions as set forth in the Palm Beach County/City of Delray Beach HOME Consortium Program Description and the City of Delray Beach SHIP Housing Assistance Plan. These provisions require that purchasers must occupy the subsidized unit as their principal residence for a period of 10 years or else be obligated to repay a prorated portion of the initial subsidy award. Any moneys recaptured through the resale of a property within the designated period shall be returned to the subsidy Program account and made available to another eligible buyer. These provisions shall be secured by a mortgage note which shall be recorded in the Public Records of Palm Beach County. 4. Application Process/Loan Processing Applications for Affordable Housing assistance may be obtained from either participating agency (City of Delray Beach, CRA, Delray Beach Housing Authority, The TED Center or The Delray Beach CDC). Each application for assistance shall be processed by either the TED Center or the Delray Beach CDC. Upon receipt of application, the Non-Profit agency shall determine eligibility of applicant, provide prequalification services, credit counseling, housing unit and lot selection and building contractor assistance. Upon successful pre-qualification, eligibility and other applicant processing, the non-profit shall notify the City of Delray Community Development Coordinator of the estimated amount of required subsidy. The non profit shall consult with the Community Financing Consortium to obtain a valid pre-qualification amount. The following shall be considered a formal notification: 1 A Standard Form of Agreement Between Owner and Contractor 2. Detailed Construction Costs including all hard and soft costs including detailed developer's fees, if any. 3. Specification Sheets 4. Lot Acquisition Contract -18- Upon receipt of the applicant packet from the non profit, the CD Coordinator shall verify eligibility in accordance with Federal, State and Local regulations. Once this information has been verified, the applicant shall be referred to the Community Financing Consortium for underwriting and mortgage approval. 5. Contractor Pre-qualification and Selection Process Five builders were approved for participation in the initial two year Renaissance Program. Of these, one was disqualified by the CRA and one voluntarily left the program. At least two additional builders are needed to participate in the new construction program. Additionally, at least three of the participating contractors should be willing to bid on the rehabilitation work required for the acquisition/rehab properties. The performance of the builders shall be monitored by the participating non-profit agencies and the Community Redevelopment Agency. At a minimum, participating contractors must meet the following general criteria: · Proof of license and insurance · Demonstrative Financial Soundness · Ability provide a 1 O-year Home Owners Warranty Program · Ability to provide a minimum of three different floor plans · Ability to provide an affordable product · Possesses a proven track record in the Single Family Affordable market as attested to by governmental agencies, nonprofits, homebuyers, banks and suppliers. · Ability and willingness to invest $200 annually upon acceptance as a participant contractor and $50 for each unit contracted to build. These funds are to be used for marketing the Renaissance Program 6. Mortgage Financing Upon receipt of the above described packet, the Community Financing Consortium shall proceed with its underwriting and loan processing. Within one week of loan closing, verification of subsidy needs and a formal request for funds shall be provided to the City of Delray Beach. Mandatory Homebuyer Seminars Homebuyers shall be required to attend at least two 3-hour training sessions. One session shall be held prior to closing as a condition of the loan closing. The second session shall be held close to the time of occupancy to educate households about the responsibilities of home ownership and building maintenance. The Community Financing Consortium shall coordinate each session with assistance from other participants as needed. -19- These sessions shall at a minimum include the following topics: 1 . Personal Finance and Planning 2. Credit and Borrowing 3. Fair Housing Issues 4. Maintenance and Upkeep 5. Underwriting Criteria 6. Property Tax Information 7. Other information as required by participants and federal/state regulations. B. Credit Incubator Many income eligible households are unable to participate in the program because of credit issues. In order to make the benefits of the Renaissance Program available to a wider pool of applicants, and to be able to serve very low income households, a credit incubator program will be designed and administered by the Community Financing Consortium. The program will be a long term commitment on the part of households who are willing to clear bad credit histories, and begin to save for a contribution to the down payment on their home. At successful completion of the program, a household should be able to qualify for a mortgage from a primary lender. C. Lot Acquisition and Title Repair The Community Redevelopment Agency shall have the responsibility of seeking out vacant lots suitable for infill housing. These lots may be purchased outfight and then resold as part of the loan package, or they be assigned through a lot contract between buyer and seller and the sale completed at the time of closing. There are also a number of vacant lots within the City of Delray Beach that, due to many reasons, have faulty titles. Many of the lots have been demolished over a period of 10 years by the City (eliminating blight) or owned by heirs of persons who died with no Will, or merely were never recorded properly in County records. The CRA shall provide title clearance for subsequent sale to a purchaser. -20- D. Community Stabilization This component incorporates the City of Delray Beach's existing CDBG-funded housing rehabilitation program, the locally funded Neighborhood Programs, and Community Oriented Code Enforcement programs in order to enhance the construction efforts. The City currently provides CDBG grants to low income homeowners for substantial rehabilitation. Additionally, local funds are provided to improve the exterior of owner- occupied housing units. Also, with the adoption of the 1990 Comprehensive Plan, the City committed to provide technical assistance to organizing neighborhood associations throughout the City. These programs along with our Community Oriented Code Enforcement have already created a visually improved community since 1990. -21- CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING JULY 21, 1998 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING: 9. Regular Agenda: F. AUTHORIZATION TO INITIATE MODIFICATIONS TO LDR PROVISIONS RELATING TO ADULT ENTERTAINMENT: Consider authorizing staff to initiate modifications to the LDR'S relating to adult entertainment. [ITY OF DELRAY BER£H DELRAY BEACH ~ 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ·407/243-7000 AII-AmericaCity 993 M~MO~UM DATE: July 20, 1998 TO: City Commission D~Harden~ City.Manager FROM: Paul Dorling, Acti~ Planning Director SUBJECT: Adult Entertainment The Planning and Zoning Department has been reviewing the City's Adult Entertainment Regulations and recommend that the Regulations be modified in some areas to ensure there are sufficient forms of expression as required by law and to provide certain limitations to ameliorate secondary affects of such uses. The purpose of this memorandum is to seek City Commission authorization to initiate adult entertainment ordinance modifications at their July 21, 1998 meeting. Please call me if you have any questions. PD: me THE EFFORT ALWAYS MATTERS PrintoC~ on Rocy¢/ed P~r MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/I SUBJECT: AGENDA ITEM #/0~- REGULAR MEETING OF JULY 21, 1998 FOR COMPREHENSIVE PLAN AMENDMENT 98-1) DATE: JULY 17, 1998 This is first reading of Ordinance No. 24-98 which will ultimately adopt Comprehensive Plan Amendment 98-1, and a continuation of the transmittal hearing. Originally scheduled for July 7th, the Commission honored a request from the Seacrest Homeowners Association and approved a continuance of the hearing to July 21st at 7:00 p.m. Comprehensive Plan Amendment 98-1 includes: (1) Changes related to the adoption of the Seacrest/Del-Ida Park Neighborhood Plan, including text amendments and Future Land Use Map (FLUM) amendments; (2) Changes related to the preparation of a program to preserve, or mitigate the development of, Hurricane Pines (environmental site along S.E. 10th Street); and (3) Corrective FLUM amendments related to the road alignment in the Citation Club and Hammock Reserve developments. The Planning and Zoning Board considered Amendment 98-1 at a public hearing on June 15, 1998, at which there was considerable discussion concerning the proposed FLUM amendments associated with the Seacrest/Del-Ida Park Neighborhood Plan, as well as the related downzoning and their effect of creating non-conforming uses. The Board recommended denial of the Seacrest neighborhood FLUM amendments and associated rezonings on a 5 to 2 vote (Archer and Schwartz dissenting), and ultimately voted 7-0 to recommend that Comprehensive Plan Amendment 98-1 be transmitted with the exception of the Seacrest/Del-Ida Park FLUM amendments. Staff recommends approval of Ordinance No. 24-98 on first reading and that the Commission authorize transmittal of Comprehensive Plan Amendment 98-1 in its entirety to the State for review. TO: DAVID T. HARDEN CITY MANAGER FROM PAUL DORLING~(CTING DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 7. 1998 ORDINANCE NUMBER 24-98 - FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 98-1 ** PUBLIC HEARING ** The City Commission initiated Comprehensive Plan Amendment 98-1 on May 5, 1998. The proposed amendment contains: · Changes related to the adoption of the Seacrest/Lake Ida Neighborhood Plan, including text amendments and Future Land Use Map amendments. · Changes related to the preparation of a program to preserve, or mitigate the development of, Hurricane Pines (environmental site along S.E. 10th Street). · Corrective Future Land Use Map (FLUM) amendments related to the road alignment in the Citation Club and Hammock Reserve developments. The FLUM amendments consist of two parcels, each containing 0.36 acres, one of which will be changed from TRN (Transitional) to LD (Low Density Residential, and the other from LD to TRN. The Planning and Zoning Board considered this item at a public hearing on June 15, 1998. A three-pad public hearing was held, with the following results: Citation Club/Hammock Reserve FLUM Amendments No public testimony was received. After discussion, the Board voted 7-0 to approve the proposed FLUM amendments, along with the associated rezoning requests. City Commission Documentation Ordinance Number 24-98 - First Reading and Transmittal of Comprehensive Plan Amendment 98-1 Page 2 Seacrest/Lake Ida Neighborhood FLUM Amendments Two property owners with duplexes in the area inquired if the duplexes would be allowed to remain. They were told that the duplexes could continue as non- conforming uses as long as they did not cease for 180 days. Two neighborhood residents, including the president of the Seacrest Homeowners Association spoke in favor of the FLUM amendments and rezonings. There was extensive discussion by the Board regarding the FLUM amendments and related down zoning and their effect of creating non-conforming uses. The discussion centered on the ability to rebuild the non-conforming structures should they be destroyed, and not be covered by LDR Section 1.3.8, Reconstruction Necessitated by An Act of God. If the destruction were deemed not be an "Act of God", the duplexes and multifamily structures could not be rebuilt, thereby creating a hardship for the property owners. It was noted by staff that all of the multi-family structures and most of the duplexes are already non-conforming with respect to density, lot size, lot area or unit size. As such, these structures are already subject to the provisions of LDR Article 1.3, NonConforming Uses, Lots and Structures. If these structures were destroyed by something other than an "Act of God", they could not currently be re-constructed. Rezoning will, therefore make no changes to the existing status of these structures with respect to the ability to rebuild. Two Board members also felt that creating non-conforming uses would create a disincentive to improve the properties. The Board recommended denial of the FLUM Amendments and associated rezonings on a vote of 5 to 2 (Archer and Schwartz dissenting). Text Amendments and Transmittal of the Overall Plan Amendment No public testimony was received related to the proposed text amendments, related to the adoption of the Seacrest Neighborhood Plan and the preparation of a program to preserve, or mitigate the development of the Hurricane Pines site. After discussion, the Board voted (7-0) to recommend that the City Commission transmit Comprehensive Plan Amendment 98-1, containing the matedal in the staff report except the FLUM amendments related to the Seacrest/Lake Ida neighborhood. By motion, approve Ordinance Number 24-98 on first reading and transmit Comprehensive Plan Amendment 98-1 for State review, containing the material in the attachment. City Commission Documentation Ordinance Number 24-98 - First Reading and Transmittal of Comprehensive Plan Amendment 98-1 Page 3 It should be noted that the recommended action differs from that of the Planning and Zoning Board, in that it includes the Seacrest/Lake Ida neighborhood FLUM amendments. Attachments: Proposed Comprehensive Plan Amendment 98-1 Planning and Zoning Board Staff Report S:~adv~comp\98CC1 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: June 15, 1998 AGENDA ITEM: IV A. RECOMMENDATION TO THE CITY COMMISSION REGARDING TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 98-1 ITEM BEFORE THE BOARD: The item before the Board is that of recommending to the City Commission those items that should be transmitted to the Florida Department of Community Affairs as part of Comprehensive Plan Amendment 98-1. BACKGROUND: The City Commission initiated Comprehensive Plan Amendment 98-1 on May 5, 1998. In the initiation motion, all of the Planning and Zoning Board's recommendations of April 20, 1998 were approved. The proposed amendment contains: · Changes related to the adoption of the Seacrest/Lake Ida Neighborhood Plan, including text amendments and Future Land Use Map amendments. · Changes related to the preparation of a program to preserve, or mitigate the development of, Hurricane Pines (environmental site along S.E. 10th Street). · Corrective Future Land Use Map amendments related to the road alignment in the Citation Club and Hammock Reserve developments. RECOMMENDED ACTION: By motion, recommend that the City Commission transmit to the Florida Department of Community Affairs, proposed Comprehensive Plan Amendment 98-1, containing the material in the staff report and attachment. Attachment: Proposed Comprehensive Plan Amendment 98-1 S:~ad¥\comp\981PZ1 ORDINANCE NO. 24-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELP~AY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 98-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 98-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 98-1"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on June 15, 1998, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 98-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 98-1 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 98-1 was held by the City Commission on July 7, 1998, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, a report of Objections, Recommendations and Comments (ORC) has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 98-1 was held on , in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED 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, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 98-1", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 98-1" Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 24-98 TABLE OF CONTENTS CITY OF DELRAY BEACH FUTURE LAND USE ELEMENT 2 AMENDMENTS TO THE FUTURE LAND USE MAP Seacrest/Del Ida Neighborhood Citation Club/Hammock Reserve 2 HOUSING ELEMENT Policy A-5.5 (Neighbo.rhood Plans) 4 CONSERVATION ELEMENT Needs and Recommendations Policy B-1.2 (Hurricane Pines) SUPPORT DOCUMENTS Appendix 1 Seacrest/Del Ida Neighborhood Plan 2 Seacrest/Del Ida FLUM Amendments 3 Citation Club/Hammock Reserve FLUM Amendments 4 Hurricane Pines FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS &SI '*,AMI' ilR~.1%q~.ll MII)I)I! %AMI: NAIvIEOF IK)ARD.('OUN('II..('OMMI.%SION. AUIHONIIY. OR{.'OMMIllEE 'l tie ffi&R{). ('OU ~C'll.. eOM MISSIOn. AU1 HORI1Y OR COMMI1] EE Oh M.MI IN(~ M)DRI~% ~'HICH I SERVE I~ A UNI1 OF: CI II COUN I~' ~g~E OF ~I.ITICAI. DA1 E Oh ~HK'H tOIi'(~CI'RRFD I WHO MUST FILE FORM 8B This form is for use by an.,.' person scr,, lng at the county, cit.,,', or other local le,,'el of governmem on an appointed or elected board. council, commission, authorhy, or committee. It applies equally to members of advisory and non-advisory bodies who are presented v,-ith a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1t2.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. in either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the'officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the. meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest'. CE FORU .B- ~.~t p~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: * You should disclose orally the nature of your conflict in the measure before par~icipaling. · You should comp[ele the form and file it within 15 days after the vole occurs with Ihe person responsible for.recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) inured to my special pri,~ate gain; or ..~ inured to the special gain of [~tg-'x4 ~d[, ~/"V'lq ~ , by ~hom I am retained. ' {b} The measure before my agency and the nature of my interest in the measure is as follows: Dati~ Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION [N SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE F'ORM #B o I-~1 PAGE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~// ORDINANCE NO. 25-98 (SIDEWALK CAFES) DATE: JULY 17, 1998 This is second reading and the second public hearing for Ordinance No. 25-98 which amends the regulations governing the use, design and maintenance of sidewalk cafes. The proposed changes are outlined in the attached Planning Department memorandum. The Planning and Zoning Board considered the text amendment at a public hearing on June 15, 1998. The original proposal would have limited the location of the clear pedestrian path to the street side of the sidewalk; however, the Board amended that provision in favor of one that requires only that the five foot wide clear pedestrian path be parallel to the street. The Board also felt that the required insurance coverage should be increased from $300,000 to $1,000,000. The text as recommended by the Planning and Zoning Board (6 to 1 vote, Robin Bird dissenting) is reflected in Ordinance No. 25-98. At first reading and the first public hearing on July 7, 1998, Mr. Steven Pizzi with Goodness Gracious Cafe submitted a petition in support of sidewalk cafes (copy attached). After discussion, the Commission passed the ordinance with a 4 to 0 vote. A copy of the minutes of that discussion is also included in the background material. Recommend approval of Ordinance No. 25-98 on second and final reading. ref:agmemol7 ORDINANCE NO. 25-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, SIDEWALK CAFE", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING AN APPLICABILITY SECTION; PROVIDING THAT A SKETCH PLAN AS OPPOSED TO A SITE PLAN SHALL BE SUBMITTED WITH A PERMIT APPLICATION; EXPANDING THE GEOGRAPHIC AREA IN WHICH A SIDEWALK CAFE MAY BE PERMITTED TO INCLUDE ALL ZONING DISTRICTS IN WHICH RESTAURANTS ARE ALLOWED; AMENDING THE REGULATIONS GOVERNING THE USE, DESIGN AND MAINTENANCE OF A SIDEWALK CAFE; PROVIDING FOR AN INCREASE IN THE AMOUNT OF INSURANCE COVERAGE REQUIRED TO BE FURNISHED BY A PERMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on June 15, 1998, and forwarded the change with a recommendation of approval by a vote of 6 to 1; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Six, "Infrastructure and Public Property", Article 6.3, "Use and Work in the Public Right-of-Way", Section 6.3.3, "Sidewalk Cafe", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables and chairs and permitted decorative and accessory devices situated and maintained upon the sidewalk and used for the consumption of food and beverages sold to the public from an adjoining business. Sidewalk cafes allowed only when in compliance with this section. (A) Permit Required: It shall be unlawful for any person to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained for that site, from the City pursuant to this section. The permit shall be requested on a form which shall be provided by the City Engineer upon request. No permit shall be issued until all the requirements of the section have been met. Permits shall not be transferable. (B) Applicability: The provisions of this section shall apply to all existinq and proposed sidewalk cafes located within a street riqht-of-way. However, sidewalk cafes which exist as of July 1, 1998, shall have 90 days to comply with the provisions of this section, includinq the requirement to obtain a permit. (~) Required Info~,,~tion: In addition to the required permit application and permit fee, the following must be provided at the time the application is submitted: (1) A copy of a valid occupational license; (2) A ~ sketch plan of the area between the store front and vehicular travel surface, drawn to a minimum scale of 1" = 10' which shows: ** The store front and all openings (doors, windows); ** The location of curb, sidewalk, and any utility poles, fire hydrants, landscaping, or other items within the right-of-way and private property, between the curb and the store front; ** The location of any of the above items which are within six feet (6') of the ends of the proposed use area; and the location of parking spaces (or use of the street) adjacent to the proposed use area; ** Clear delineation of the boundary between private property and the right-of-way; ** Delineation of "clear pathways" and "clear distances" as required by subsection (5); ** Proposed location of chairs, tables, and other private features; ** Photographs and/or manufacturer brochures depicting the chairs, tables, umbrellas and other private features including, but not limited to, lighting to be used in the proposed sidewalk cafe area. (3) Proof of insurance and a hold harmless agreement in a form acceptable to the City Attorney. - 2 - Ord. No. 25-98 (8) Use area and/or seating capacity realized through a sidewalk cafe use and contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters. (9) Food may be carried to tables by patrons or served by a table waiter. Food shall not be prepared in the sidewalk cafe area. (10) Hours of operation shall be the same as the associated businesses. (11) The permit may be suspended upon written notice of the City Manager or his/her designee of the sidewalk cafe, and removal may be ordered by the City when repairs necessitate such action. The City, however, may immediately remove or relocate all or parts of the sidewalk cafe or order said removal or relocation in emergency situations, without written notice. (12) Tables, chairs, umbrellas, and any other objects provided within a sidewalk cafe shall be maintained in a clean and attractive manner and shall be in good repair at all times, ensuring a tidy and neat appearance. Tables and chairs shall be moved inside the buildinq, or stacked neatly aqainst the buildinq, at the close of each business day. (13) The sidewalk area covered by the permit shall be maintained in a neat and orderly manner at all times and the area shall be cleared of all debris and stains on a periodic basis during the day and again at the close of each business day, ensuring a tidy appearance. (14) No tables, chairs, or any other part of sidewalk cafes shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area. (?~) Liability and Insurance: (1) Prior to the issuance of a permit, the applicant shall furnish a signed statement that the permittee shall hold harmless the City, its officers and employees and shall indemnify the City, its officers and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. - 4 - Ord. No. 25-98 (2) Permittee shall furnish insurance and insurance certificate and maintain such public liability, food products liability, and property damage insurance from all claims and damages to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than one million dollars ($1,000,000) ~ /~~ /~~ /~~ /~/~ for bodily injury, and property damage respectively, per occurrence. Such insurance shall name the City, its officers and employees as additional insureds and shall further provide that the policy shall not terminate or be canceled without thirty (30) days written notice to the City. (~) Denial, Revocation or Suspension of Permit; Removal and Storage Fees; Concurrent Jurisdiction of the Code Enforcement Board: (1) The City Manager or his/her designee may deny, revoke or suspend a permit of any sidewalk cafe in the City if it is found that: (a) Any necessary business or health permit has either been suspended, revoked or canceled, or has lapsed. (b) The permittee does not have insurance which is correct and effective. (c) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of the sidewalk cafe in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic. (d) The permittee has failed to correct violations of this subchapter or conditions of permitting within three (3) days of receipt of written notice of same. (2) The City may remove or relocate or order the removal or relocation of tables and chairs and other vestiges of the sidewalk cafe and a reasonable fee charged for labor, transportation and storage, should the permittee fail to remove said items within thirty-six (36) hours of receipt of the written notice from the City Manager ordering removal or relocation. However, in the event of an emergency, no written notice of relocation or removal shall be given and relocation and/or removal shall commence immediately. - 5 - Ord. No. 25-98 (3) The permittee may appeal the order of the City Manager pursuant to Section 6.3.3(I), below. (4) The Code Enforcement Board shall have concurrent jurisdiction over violations of this subchapter, but may only assess fines for noncompliance with the requirements of this subchapter. (I) Appeals. (1) Appeals of the decision of the City Manaqer or his/her desiqnee shall be initiated within ten (10) days of a permit denial, revocation or suspension, or of an order of removal or relocation, by filinq a written notice of appeal with the City Manaqer. (2) The City Manager shall place the appeal on the first available reqular City Commission aqenda. At the hearinq on appeal, the C~ty Commission shall hear and determine the appeal, and the decision of the City Commission shall be final and effective immediately. (3) The filinq of a notice of appeal by a permittee shall not stay an order of the City Manaqer or his/her desiqnee ~eqardinq the suspension, revocation or denial of the permit, or the relocation or removal of the vestiqes of the sidewalk cafe. Vestiges of the sidewalk cafe shall be removed as set forth in this subchapter, pendinq disposition of the appeal and the final decision of the City Commission. (4) Appeals from the decision of the Code Enforcement Board shall be to the circuit court and not to the City Commission. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That this ordinance shall become effective immediately upon its passage on second and final reading. - 6 - Ord. No. 25-98 PASSED AND ~OPTED in regular session on second and final reading on this the 21st day of July , 1998. " MyYOR~ ATTEST: - City C~rk First Reading July 7, 1998 Second Reading July 21, 1998 - 7 - Ord. No. 25-98 I c,T COMMISSION DOCUMENTATION I FROM: PAUL DORLING, A~/TI~IG DIRECTOR OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 7, 1998 APPROVAL OF AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 6,3,3, SIDEWALK CAFES [ .Ac o.ou. l Sidewalk cafes, located in the public right-of-way, have become an important aspect of the revitalization of the downtown. Their expanding presence, while desirable, has highlighted the need for additional controls to assure that the public sidewalks are kept clean, safe and orderly, and that a clear pedestrian pathway is maintained. The proposed changes to the Land Development Regulations (LDR) address these issues as follows: · The required five foot wide clear pathway for pedestrian traffic is clarified to be parallel to the street. · Tables and chairs are required to be moved inside the building or stacked neatly against the building at the close of each business day. · The sidewalk is required to be cleaned, including stains, each day. · The area in which sidewalk cafes may be permitted is expanded to include all zoning districts in which restaurants are allowed. · The permissibility of menu boards is clarified to be limited to those located on tables. · Required insurance coverage is increased from $300,000 to $1,000,000. · An applicability section is added whereby the regulations apply to existing and proposed sidewalk cafes, and gives existing cafes 90 days in which to comply. · The requirement to submit a site plan is changed to a sketch plan, which is less expensive to produce. Additional background and analysis can be found in the attached Planning and Zoning Board Staff Report. [ PLANNING AND ZONING BOARD CONSIDERATION J The Planning and Zoning Board considered the text amendment at a public hearing on June 15, 1998. Testimony was received from Mr. Steven Pizzi, who objected to proposed changes that would have limited the location of the clear pedestrian path to the street side of the sidewalk, requiring all tables to be located on the portion of the sidewalk closest to the building. In discussion, the Board agreed to eliminate that provision in favor of one that requires only that the pedestrian path be parallel to the street. The Board also determined that the current level of insurance coverage required is insufficient, and recommended it be changed* to $1,000,000, consistent with other cities which allow sidewalk cafes. The Board then recommended approval of the amendment, on a 6-1 vote (Robin Bird dissenting), with the modifications discussed. The text as recommended by the Planning and Zoning Board is shown in Attachment "A". I .~co..~.~ ACTION I By motion, approve the attached amendment to LDR Section 6.3.3, Sidewalk Cafes, based on positive findings with respect to LDR Section 2.4.5(M)(5). Attachment"A" S:~adv~cafe6 (4) Amendment to the text of the Conservation Element regarding the preparation of a program to preserve or mitigate the development of Hurricane Pines (environmental site on the south side of S.E. 10th Street between Dixie and Federal Highways). The City Manager presented Ordinance No. 24-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTNG COMPREHENSIVE PLAN AMENDMENT 98-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 98-1" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. She stated Ordinance No. 24-98 is before the Commission for consideration on first reading and a public hearing for the transmittal of Comprehensive Plan Amendment 98-1, although a request for a continuance has been received from the Seacrest Homeowners Association. Mayor Alperin opened the public hearing and asked if there was anyone present who wished to give public input this evening? There being no one who wished to address the Commis- sion, Mayor Alperin asked for a motion to continue the transmit- tal hearing on Comprehensive Plan Amendment 98-1 and considera- tion of Ordinance No. 24-98 on first reading to the date certain of July 21, 1998, at 7:00 p.m. in the City Commission Chambers. Mr. Randolph so moved, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. ~,,10.B. ORDINANCE NO. 25-98 (FIRST READING/FIRST PUBLIC HEAR- ~ING): An ordinance amending LDR Section 6.3.3 pertaining to the use, design and maintenance of sidewalk cafes. If passed, a second public hearing will be scheduled for July 21, 1998. The City Manager presented Ordinance No. 25-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC -13- 7-07-98 RIGHT-OF-WAY", SECTION 6.3.3, SIDEWALK CAFE", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING AN APPLICA- BILITY SECTION; PROVIDING THAT A SKETCH PLAN AS OPPOSED TO A SITE PLAN S~ALL BE SUBMITTED WITH A PERMIT APPLICATION; EXPANDING THE GEOGRAPHIC AREA IN WHICH A SIDEWALK CAFE MAY BE PERMITTED TO INCLUDE ALL ZONING DISTRICTS IN WHICH RESTAURANTS ARE ALLOWED; AMENDING THE REGULATIONS GOVERNING THE USE, DESIGN AND MAINTENANCE OF A SIDEWALK CAFE; PROVIDING FOR AN INCREASE IN THE AMOUNT OF INSURANCE COVERAGE REQUIRED TO BE FURNISHED BY A PERMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Steven Pizzi, owner of Goodness Gracious Cafe located at 514 East Atlantic Avenue, submitted a petition signed by business and professional people located in the Central Business District in support of the cafe tables remaining outside of his business. He stated he has adhered to all of the regulations proposed for sidewalk cafes. There being no one else who wished to speak on this item, the public hearing was closed. Mr. Schmidt stated he has a concern about the change on the five foot clear pathway with the tables being measured from the front of the building to just a five foot pathway that runs parallel to the street. The reason for his concern is that the current regulations, while they have not been enforced, have been on the books for a good period of time and as time has gone on, certain restaurant owners seem to be taking advantage of it and the tables are creeping farther and farther out to Atlantic Avenue. In some spots you either have to walk in the street or you can see a path through the landscape node because the tables are so far out on the sidewalk, pedestrians have no room to walk. Mr. Schmidt felt it would be better and more easily enforced to have the measurement come out from the front of the building and go from there five feet over to the curb. Mayor Alperin commented that at first, the five foot clear pathway from the curb looks like it will be adequate, but -14- 7-07-98 that it is not enough if you have obstructions like light poles or utility boxes within that five feet, so we really need the five feet in addition to whatever space those utilities take up, so that the five foot clear should be from the obstruction to the first table. John Walker, Project Coordinator, stated the text amendment as currently proposed requires a five foot clear pathway that is parallel to the street and clear of any obstruc- tions. He noted that what could happen with the way it is currently written is that you could have an area where you have tables on both the left and right hand sides, but there is five feet of clear sidewalk through the tables. This is what was recommended by the Planning and Zoning Board, and Mr. Walker felt it will give Code Enforcement the ability to assure there is the five foot clear walking space. Under the proposed ordinance, parallel to the street does not mean adjacent to the curb but it does mean basically a straight line as opposed to having to zigzag through tables. Mayor stated he is disappointed the Commission has to be dealing with this ordinance at all. He felt that businesses should realize the benefit they are getting from having the tables allowed outside in the first place without taking advan- tage of it as some businesses appear to be doing. The ordinance has become necessary because the Commission needs to protect the public and use of public right-of-way because of the abuses which have occurred. Mayor Alperin also expressed concern that service staff may end up using the five foot clear space while serving customers and could create partial obstructions. He felt this was something the restaurants will have to look at and control to make sure the wait staff does not obstruct the five feet, since he would not want to see the Commission have to legislate that as well. On question from Mr. Ellingsworth, the City Manager stated that the code enforcement officials have the ability to issue citations in the form of a Notice to Appear in those cases where there are repeat violations. Mr. Schmidt moved to approve Ordinance No. 25-98 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. There being no further business, Mayor Alperin declared the meeting adjourned at 7:20 p.m. City Clerk ATTEST: -15- 7-07-98 TO THE CITY OF DELRAY WE THE UNDERSIGNED AS BUSINESS AND PROFESSIONAL PEOPLE LOCATED IN THE CENTRAL BUSINESS DISTRICT OF DELRAY BEACH, FLORIDA WISH TO EXPRESS OUR SUPPORT FOR THE CAFE TABLES TO REMAIN OUTSIDE OF GOODNESS GRACIOUS CAFE LOCATED AT 514 EAST ATLANTIC AVENUE. GOODNESS GRACIOUS CAFE IS A RESPECTED, WELL ESTABLISHED BUSINESS. THE CAFE TABLES HAVE BEEN LOCATED ON THE 500 BLOCK OF ATLANTIC AVENUE FOR THE PAST FOUR YEARS AND ATTRACT CUSTOMERS TO OUR AREA. THE CAFE IS VERY BUSY IN SEASON AND THESE TABLES ARE ALWAYS BUSY. WE FEEL CUSTOMERS WOULD BE INCONVIENIECED BY WAITING IN THE SUN FOR ANOTHER TABLE INSTEAD OF ENJOYING THEIR FAVORITE OUTDOOR TABLE. THANK YOU! NAME ,,,/-~ BUSINESS AND ADDRESS ' ATTACHMENT A Sidewalk Cafe Regulations Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables and chairs and permitted decorative and accessory devices situated and maintained upon the sidewalk and used for the consumption of food and beverages sold to the public from an adjoining business. Sidewalk cafes allowed only when in compliance with this Section. (A) Permit Required: It shall be unlawful for any person to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained for that site, from the City pursuant to this Section. The permit shall be requested on a form which shall be provided by the City Engineer upon request. No permit shall be issued until all the requirements of the Section have been met. Permits shall not be transferable. (B) Applicability: The provisions of this section shall apply to all existing and proposed sidewalk cafes located within a Street fight-of-way. However, sidewalk cafes which exist as of July 1, 1998 shall have 90 days to comply with the provisions of this section, including the requirement to obtain a permit. (C_B) Required Information: In addition to the required permit application and permit fee, the following must be provided at the time the application is submitted: (1) A copy of a valid occupational license; (2) A sketch c!tc plan of the area between the store front and vehicular travel surface, drawn to a minimum scale of 1" = 10' which shows: * The store front and all openings (doors, windows); * The location of curb, sidewalk, and any utility poles, fire hydrants, landscaping, or other items, within the fight-of-way and pdvate property, between the curb and the store front. * The location of any of the above items which are within six feet (6') of the ends of the proposed use area; and the location of parking spaces (or use of the street) adjacent to the proposed use area; * Clear delineation of the boundary between private property and the right-of-way; * Delineation of "clear pathways" and "clear distances" as required by Subsection (5); * Proposed location of chairs, tables, and other private features; * Photographs and/or manufacturer brochures depicting the chairs, tables, umbrellas and other private features including, but no limited to, lighting to be used in the proposed sidewalk cafe area. (3) Proof of Insurance and a Hold Harmless Agreement in a form acceptable to the City Attorney. (DC=,) Processing: The City Engineer shall review the permit application for compliance with this Section and shall issue permits accordingly. The action of the City Engineer may be appealed pursuant to Section 2.4.7(E). (ED)_ Geographic Limitation: A permit for a sidewalk cafe ,~=,,,,,.~j ...... "~'"" be issued within those zoning districts which allow restaurants, subiect to any limitations or restrictions of the particular district '""' ..... ..,~,;.. ~,.. r,,.,.~.,., o,,,.~ .... (F_E--) Re.qulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe: (1) A sidewalk cafe shall only be established in conjunction with a legally established restaurant and/or takeout food store, where the food product is prepared, processed, or assembled on the premises (for example: deli, ice cream store, sandwich shop). (2) A sidewalk cafe may only be established in front of the business and such businesses immediately adjacent to the business with which the sidewalk cafe is associated. The sidewalk cafe operator must receive the permission, in a form acceptable to the City, from adjacent businesses before establishing the sidewalk cafe in front of such adjacent businesses. (3) Alcoholic beverages may be consumed at a sidewalk cafe. (4) The use of the tables and chairs at a sidewalk cafe shall be only for the customers of the business with which the sidewalk cafe is associated. (5) A clear pathway, parallel with the street, with a minimum width of five feet (5') shall be maintained for through pedestrian traffic. A greater width may be required as a condition of approval. (6) A clear distance with a minimum of five feet (5') shall be provided from any alley, crosswalk, fire hydrant, or similar situation. A greater clear distance may be required as a conditional of approval. (7) In addition to previously approved business signs, the sidewalk cafe may have the following advertising signs: a-menu boards on the tables, and Iogos upon table umbrellas. These items shall not require further Site Plan Review and Appearance Board approval and are an exemption to requirements with the City's sign code. (8) Use area and/or seating capacity realized through a sidewalk cafe use and contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters. (9) Food may be carded to tables by patrons or served by a table waiter. Food shall not be prepared in the sidewalk cafe area. (10) Hours of operation shall be the same as the associated businesses. (11) The permit may be suspended upon wdtten notice of the City Manager or his/her designee of the sidewalk cafe, and removal may be ordered by the City when repairs necessitate such action. The City however, may immediately remove or relocate ail or parts of the sidewalk cafe or order said removal or relocation in emergency situations, without written notice. (12) Tables, chairs, umbrellas, and any other objects provided within a sidewalk cafe shall be maintained in a clean and attractive manner and shall be in good repair at all times, ensuring a tidy and neat appearance. Tables and chairs shall be moved inside the building, or stacked neatly aqainst the buildin(~, at. the close of each business day. (13) The sidewalk area, covered by the permit, shall be maintained in a neat and orderly manner at all times and the area shall be cleared of all debris and stains on a periodic basis dudng the day and again at the close of each business day, ensuring a tidy appearance. (14) No tables, chairs, or any other part of sidewalk cafes shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area. (G_?) Liability and Insurance: (1) Prior to the issuance of a permit, the applicant shall fumish a signed statement that the permittee shall hold harmless the City, its officers and employees and shall indemnify the City, its officers and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. (2) Permittee shall furnish insurance and insurance certificate and maintain such public liability, food products liability, and property damage insurance from all claims and damages to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than one million dollars ($1,000,000) thrcc ~"'"'"'"'~ *~' ...... .~ .~......../~-~nn nnn~ for bodily injury, and property damage respectively, per occurrence. Such insurance shall name the City, its officers and employees as additional insureds and shall further provide that the policy shall not terminate or be canceled without thirty (30) days written notice to the City. (HG) Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; Concurrent Jurisdiction of the Code Enforcement Board: (1) The City Manager or his/her designee may deny, revoke, or suspend a permit of any sidewalk cafe in the City if it is found that: (a) Any necessary business or health permit has either been suspended, revoked, or canceled or has lapsed. (b) The permittee does not have insurance which is correct and effective. (c) Changing conditions of pedestrian or vehicular traffic cause congestion necessitating removal of the sidewalk cafe, in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic. (d) The permittee has failed to correct violations of this subchapter or conditions of permitting within three (3) days of receipt of wdtten notice of same. (2) The City may remove or relocate or order the removal or' relocation of tables and chairs and other vestiges of the sidewalk cafe and a reasonable fee charged for labor, transportation, and storage, should the permittee fail to remove said items within thirty-six (36) hours of receipt of the written notice from the City Manager ordering removal or relocation. However, in the event of an emergency, no written notice of relocation or removal shall be given and relocation and/or removal shall commence immediately. (3) The permittee may appeal the order of the City Manager pursuant to Section 102.69. (4) The Code Enforcement Board shall have concurrent jurisdiction over violations of this subchapter, but may only assess fines for noncompliance with the requirements of this subchapter. S:\adv\cafe5 MEETING OF: June 15, 1998 AGENDA ITEM: IV. E. AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 6.3.3, SIDEWALK CAFE The item before the Board is that of making a recommendation to the City Commission regarding a change in the regulations governing the use, design, and maintenance of a sidewalk cafe. Regulations governing the placement of sidewalk cafes in the right-of-way were adopted in 1996. Since then, a number of such cafes have been established along Atlantic Avenue. They have become an integral part of the visible redevelopment of the Downtown, and are desired by both restaurants and their customers. Continuation of clean, attractive sidewalk cafes is clearly positive, setting a casually elegant tone for dining along the avenues of the City, and drawing an expanded customer base to the area. The very popularity of sidewalk cafes has highlighted the need for additional controls. Outdoor tables are expanding into the pedestrian travel space of the sidewalk. Tables and chairs are left out overnight, creating a cluttered look along the avenue. Sidewalk cafe areas are not consistently cleaned, leaving litter and stains on the paver block sidewalk. These problems are not widespread, or damaging to the point that sidewalk cafes should be eliminated, but they do point out the need for stricter control and enforcement. The needed control can be accomplished through modifications to the existing regulations, and consistent enforcement of the permit requirements. Overview Of Current Regulations The regulations governing the use, design, and maintenance of sidewalk cafes, are expressed in Section 6.3.3 of the Land Development Regulations. These regulations refer only to the portion of a sidewalk cafe that is within the public right-of-way, and limit sidewalk cafes to the Central Business District (CBD) zoning district. The highlights of the regulations are paraphrased as follows: P&Z Board Memorandum Staff Report Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe Page 2 A permit is required to establish and operate a sidewalk cafe. The permit process includes a review of the occupational license of the applicant business, the plans for the sidewalk cafe and its furniture (tables, chairs, umbrellas, etc.), and proof of insurance. A sidewalk cafe may only be established in conjunction with an existing restaurant or takeout food store. The cafe may only be established in front of the associated business and those adjacent businesses which give the cafe operator written permission. The use of the tables and chairs shall be only for customers of the associated business. Hours of operation shall be the same as the associated business. These requirements prohibit free-standing sidewalk cafe businesses, tie the operation of a cafe to an established indoor business, and limit the expansion of the outdoor seating onto unwilling neighbors. A minimum five foot wide clear pathway is required to permit free movement of pedestrian through traffic. A minimum five foot clearance is also required from alleys, crosswalks and fire hydrants. These regulations are directed at maintaining public safety and freedom of movement in the public right-of-way. Advertising signs are restricted to a menu board and Iogos on table umbrellas. Furniture for the sidewalk cafe must be maintained and cleaned, and may not be permanently affixed. The sidewalk in the cafe area must also be maintained and cleared of debris and litter. These regulations are meant to maintain a clean and attractive appearance to the sidewalk cafe. Insurance and a hold harmless agreement are required to protect the City from claims. The City's approach to regulating sidewalk cafes in public rights-of-way is similar to that of other local governments. Several Florida municipalities were contacted to identify the common elements of regulations. The following table generalizes the regulatory approach of four municipalities compared with Delray Beach. Notes which further explain how sidewalk cafes are regulated can be found in Attachment 1. , DelraY Ft: NaPleS : HOll~OOd west Beach LaUderdale : Palm : :Beach Allowed in R/W under permit X , X X ,, X X Geographic Restriction I, X X , X C!ear Pa!hwa¥ Re(~uired X , X X , X X -2- P&Z Board Memorandum Staff Report Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe Page 3 Delray Ft. Naples Hollywood West Beach Lauderdale Palm Beach Signs Restricted , X X , X X Hours Restdcted X X X Furniture Type/St~le Restricted X X X Maintenance Required X X x x Insurance Required X x x x Common Elements For Sidewalk Cafe Regulations: · They are allowed in public rights-of-way, subject to permit requirements; · They are confined to specific geographic areas; · There is a clear path required to allow pedestrian use of the sidewalk; · Advertising signs are controlled within the right-of-way; · The type or style of furniture must be compatible with other outdoor furniture in the vicinity; · The permitee is responsible for clean-up of the sidewalk area and furniture maintenance; · Insurance is required, for bodily injury and property damage. Problems Identified In Delray Beach Regulation of sidewalk cafes was a topic of discussion at the Joint Venture meeting of March 11, 1998. The discussion highlighted several problems related to the regulation of cafes.' In its effort to promote redevelopment in the Downtown, the City has not strictly enforced the existing sidewalk cafe regulations. At the present time, there are twelve sidewalk cafes in operation that encroach into the public right-of-way. None of these cafes have permits as stipulated in the regulations. This lack of enforcement has led to a number of problems which affect the appearance of the streetscape and impact businesses and customers in the Downtown. The a~ea used by sidewalk cafe furniture is expanding, such that in many areas it encroaches on the free flow of pedestrians along the sidewalk. The pedestrian path is -3- P&Z Board Memorandum Staff Report Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe Page 4 sometimes provided through the cafe, with tables placed near the building and near the curb. Tables and chairs are also encroaching into the frontage of adjacent businesses, and furniture is often left out on the sidewalk after business hours. In most cases, tables and chairs are neatly stacked against the building, however, some cafes leave furniture in place on the sidewalk. Clean-up is not uniform, resulting in some locations with litter and stains on the public sidewalk. The problems experienced with existing sidewalk cafes, as well as the popularity of these cafes, point to the need to strictly enforce the existing regulations. In addition, there are modifications that could clarify the intent of the regulations and make enforcement easier. Areas Where Delray Beach Regulations Could Be Modified: · Addition of a requirement to wash the sidewalk regularly to remove stains. · Addition of a requirement to remove the furniture from the sidewalk at closing, or at least stack it against the building. · Restriction on the location of the tables and chairs such that the pedestrian path is near the curb. A draft of the staff report was reviewed by the following agencies, all of which expressed agreement with the recommendations: Joint Venture March 11, 1998 Downtown Development Authority April 15, 1998 Community Redevelopment Agency April 23, 1998 In addition, the draft was distributed by the Joint Venture staff to the operators of existing sidewalk cafes for their comment. Any comments received will be reported at the Planning and Zoning Board meeting. Sidewalk cafes should continue to be allowed in the public dght-<)f-way, so long as their location will not interfere with pedestrian movement along the sidewalk. The geographic restriction which currently allows sidewalk cafes only in the CBD can be expanded to allow this use in all zoning districts which allow restaurants. -4- P&Z Board Memorandum Staff Report Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe Page 5 Since regulations have not been stdctly enforced, it is appropriate to notify the cafe operators of the regulations and permit requirement, allowing a reasonable time (90 days) to come into compliance. After the grace period, non-compliant cafes should be cited. Regulation of the operation of sidewalk cafes, especially those dealing with the location of tables and chairs, and the maintenance of clearances for pedestrian flow and public structures, should be enforced by Police as well as Code Enforcement officers. This additional enforcement would protect public safety during evening hours. Several modifications should be made to the Land Development Regulations to clarify the intent of the sidewalk cafe regulations. The proposed modifications are found in Attachment 2. Recommend that the City Commission approve the attached changes to LDR Section 6.3.3 "Sidewalk Cafes". Attachments: I and 2 S:~adv\cafel -5- ATTACHMENT 1 Notes on the Comparison of Sidewalk Cafe Regulations Allowed on public ricjht-of-way Delray Beach: Yes Fort Lauderdale'. Yes Naples: Yes Hollywood: Yes West Palm Beach: Yes Geographic restriction Delray Beach: CBD only Fort Lauderdale: Zoning districts which allow restaurants Naples: Fifth Avenue Special Overlay District only Hollywood: Cafe Zones (4 permanent zones plus Broadwalk, which is temporary and has separate criteria) West Palm Beach: Zoning districts which allow restaurants Clear pathway required Delray Beach: Min. 5' for pedestrian path; 5' from fire hydrant, crosswalk, etc. Fort Lauderdale: Min 5' for pedestrian path; 5' from bus stops, sight triangles, cross walks, etc. Naples: Min. 5' for pedestrian path Hollywood: Min. 3' for pedestrian path, min 5' from bus stops, service windows, etc., min 2' from crosswalks West Palm Beach: Min. 6' for pedestrian path Advertising signs restricted Delray Beach: Menu board, Iogos on umbrellas Fort Lauderdale: None allowed Naples: Menu board Hollywood: Menu board West Palm Beach: Menu board Hours when tables may be set up Delray Beach: Same as main business Fort Lauderdale: Same as main business Naples: Not addressed Hollywood: Tables may remain set up at all times West Palm Beach: Same as business Furniture type/style restricted Delray Beach: No Fort Lauderdale: Compatible with uses in the immediate vicinity. Naples: Yes, requires board approval Hollywood: Compatible with uses in the immediate vicinity. West Palm Beach: No M.aintenance of area required Delray Beach: Debris clean-up, furniture maintenance, furniture may not be anchored. Fort Lauderdale: Furniture must be removed at closing, Debds clean-up, furniture maintenance Naples: Not addressed Hollywood: Furniture may remain at all times, furniture maintenance, debris removal, fumiture may not be anchored West Palm Beach: Furniture must be removed at closing, Debris clean-up, furniture maintenance Insurance required Delray Beach: Hold harmless agreement, and bodily injury and property damage insurance ($300,000 ea.) Fort Lauderdale: Hold harmless agreement, and bodily injury and property damage insurance ($1,000,000 ea.) Naples: Not addressed Hollywood: Hold harmless agreement, and bodily injury and property damage insurance ($1,000,000 ea.) West Palm Beach: Hold harmless agreement, and bodily injury and property damage insurance ($1,000,000 ea.) S:\adv\Cafe2 FROM: JEFFREY A. COSTELLO, SENIOR PLANNER~ "" SUBJECT: MEETING OF JULY 2'1, '1998 CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4.9(B) GENERAL COMMERCIAL (GC), TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS A PERMITTED USE, AND SECTION 4.4.9(H) (SPECIAL REGULATIONS) REGARDING GEOGRAPHICAL LIMITATIONS. The LDR amendment proposes to allow "astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers" as a permitted use in the GC zoning district, subject to Iocational restrictions. These restrictions would not allow the use in the GC-zoned sections of the West Atlantic or North Federal Highway redevelopment areas. A distance separation requirement of 300' between uses is proposed, to avoid a concentration of such uses in the permitted areas. As provided in the attached amendment, psychic readers, etc. would be permitted within the GC zone along the Federal Highway pairs (N.E. and S.E. 5th and 6th Avenues), between S.E. 3rd Street and S.E. 10th Street, and between N.E. 4th Street and N.E. 7th Street. Additional background and an analysis of the request is found in the attached Planning and Zoning Board staff report. Included in the attached Ordinance is an amendment to Section 110.15 (License Tax Schedule) of the City Code to add psychic readers. ............................ '"'" ........ "" '"'"'" ........ """ '" '"'"' ................ "" ............. '"'"'"' ............. '"'"'"'"' "'""'"'""'"'"'"'"'"' '""'""i"'"" "'" "'"'i';'i';';';"?'"'"' ........ i'i';'"'"'"' ' ' ........ '"'"'"'"""' '"'""'""" '"'""" '?"'""'"';'""'" '"?""'"'"", The Planning and Zoning Board will formally review this item at its meeting of July 20, 1998. The Board°s recommendation and comments will be presented at the July 21st City Commission meeting. By motion, approve on first reading a text amendment to LDR Section 4.4.9 (B) to include astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as a permitted use in the GC zone district, and LDR Section 4.4.9(H) to add related restrictions, based upon the findings and recommendations by the Planning and Zoning Board, and set a public hearing date of August 4, 1998. Attach merits: ~)~.~ 15/"~ · P&Z Staff Report and Documentation of July 20, 1998 · Ordinance by Others ORDINANCE NO. 27-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4 . 4 . 9 (B) , "PRINCIPAL USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW 'ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC R ERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS' AS A PERMITTED USE WITHIN CERTAIN AREAS OF THE GC ZONE DISTRICT; AMENDING SUBSECTION 4.4.9(H), "SPECIAL REGULATIONS" TO PROVIDE LOCATION AND DISTANCE RESTRICTIONS FOR SAID USE; AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", SECTION 110.15, "LICENSE TAX SCHEDULE", BY ADDING 'PSYCHIC READERS' TO THE 'ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS' CLASSIFICATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on July 20, 1998, and forwarded the change with a recommendation ...; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended by adding the following: (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G) (1) (a): (6) Astroloqists, clairvoyants, fortune tellers, palmists, Dhrenoloqists, Ds¥chic readers, spiritualists, numeroloqists and mental healers, subject to the locational restrictions of Section 4.4.9(H) (5). Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4..4 9, "General Commercial (GC) District", Subsection 4.4.9(H), "Special Regulations", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended by adding the following: (H) Special Regulations: (5) Astroloqists, clairvoyants, fortune tellers, palmists, Dhrenoloqists, Dsychic readers, sDiritualists, numeroloqists and mental healers are limited to the qeoqraDhical areas alonq N.E. and S.E. 5th and 6th Avenues {Federal Hiqhwa¥ pairs), between S.E. 10th Street and S.E. 3rd Street, and between N.E. 4th Street and N.E. 7th Street, and shall be limited to no more than one of each business every three hundred feet (300'), measured in a straiqht line from lot line to lot line. Section 3. That Title XI, "Business Regulations", Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: Classification ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. - 2 - Ord. No. 27-98 Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 27-98 MEETING DATE: JULY 20, 1998 AGENDA ITEM: V.A. - AMENDMENT TO LDR SECTION 4.4.9(B) GENERAL COMMERCIAL (GC), TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS A PERMITTED USE, AND SECTION 4.4.9(H) (SPECIAL REGULATIONS) REGARDING GEOGRAPHICAL LIMITATIONS. The item before the Board is that 'of making a recommendation to the City Commission regarding amendments to the Land Development Regulations Section 4.4.9(B) General Commercial (GC), Principal Uses and Structures Allowed, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as a permitted use, and Section 4.4.9(H) General Commercial (GC), Special Regulations, regarding geographical limitations, pursuant to LDR Section 2.4.5(M). Pursuant to LDR Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. In March 1998, a determination of similarity of use was submitted to the Planning and Zoning Department to allow psychic readings in the CBD (Central Business District) zoning district. The use is not listed in any of the City's zoning districts. There is currently a psychic reading establishment (The Psychic Shop) at 904 S.E. 5th Avenue, in the GC (General Commercial) zone, which has operated since 1993. The request for the use determination was subsequently withdrawn, however, due to the lack of clarity in the code regarding the appropriate location for psychic readers and similar types of operations, staff is forwarding the subject text amendment to the Board for consideration. In June, 1998, a secon'd use determination was submitted to allow psychic readers in the CBD. The applicant was advised of the pending text amendment but elected to proceed with his request, which is discussed in a separate staff report. P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as a Permitted Use in the GC Zoning District Page 2 LDR Section 2.4.5(M)(5) (Findings): In addition to provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The LDR amendment proposes to allow the use "astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers" as permitted in the GC zoning district, subject to Iocational restrictions. These restrictions would not allow the use in the GC-zoned sections of the West Atlantic or North Federal Highway redevelopment areas. There is also a distance separation requirement proposed of 300' between uses. The proposed distance separation is intended to avoid a concentration of such uses in the permitted areas. As provided in the attached amendmen'~, psychic readers, etc. would be permitted within the GC zone district along the Federal Highway pairs (N.E. and S.E. 5th and 6th Avenues), between S.E. 3rd Street and S.E. 10t~' Street, and between N.E. 4th Street and N.E. 7th Street. The Psychic Shop is located within the proposed geographical area, and will therefore not be affected by this amendment. The GC district is the most flexible of the City's business/commercial zones. It allows a broad range of permitted and conditional uses, and imposes very little in the way of development standards (i.e. minimum site size, building size, etc.). It is primarily located along high volume arterial roadways. As part of the research conducted for this amendment, a number of municipalities in the area were contacted including Lake Worth, Boca Raton, Riviera Beach, West Palm Beach, Palm Beach County, and Ft. Lauderdale, regarding zoning districts in which they allow psychic readers, spiritualists, etc. The majority permit the use in their general commercial districts. Other commercial districts were considered by staff during the preparation of the amendment but were subsequently rejected. The PC (Planned Commercial) zone allows many of the same uses as the GC district, however, it is intended to be applied to large sites which are to be developed in a coordinated, well-planned fashion, and which generally involve much larger tenants than the typical psychic reading business. The NC (Neighborhood Commercial) district is intended primarily to provide locations for limited goods and services to be made available to adjacent residential areas as a convenience. Psychic readings is a very specialized service which would tend to draw clients from a citywide or regional area. In terms of the Iocational restrictions provided in the amendment, which would exclude the use from the redevelopment areas, the basis is provided in the applicable Comprehensive Plan policies for those areas (Future Land Use Element Policy C-1.4 for North Federal Highway and C-1.5 for West Atlantic Avenue). Policy C-1.5 refers to P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as a Permitted Use in the GC Zoning District Page 3 the West Atlantic Avenue Redevelopment Plan, which was adopted by the City Commission on July 11, 1995. Subsequent to its adoption, LDR amendments were processed which prohibited many of the GC uses that were allowed elsewhere from being established in the redevelopment area. While the plan for North Federal Highway has not yet been adopted, the applicable Comprehensive Plan policy states that it will address economic stimulation and revitalization of the area, and "the elimination of inappropriate and marginal uses". Similarly, the Comprehensive Plan policies regarding the City's Central Business District (CBD) refer to the need to have an appropriate mix of uses as part of an economic development strategy. The types of businesses desired for these areas are those which will generate significant job growth and pedestrian traffic, and which will complement other uses within the area (i.e. restaurants, retail, office). Courtesy Notices: A special courtesy notices was provided to the following civic and homeowner's associations: · Beach Properties Association · Chamber of Commerce · Delray Merchants Association · Progressive Residents of Delray (PROD) · President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The proposed text amendment will specifically list astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as permitted uses in the GC zoning district. Special regulations are proposed within the GC zoning district to limit the uses to certain geographical areas, and limitations are proposed to prevent large concentrations of the use within the designated areas. P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as a Permitted Use in the GC Zoning District Page 4 By motion, recommend to the City Commission approval of a text amendment to LDR Section 4.4.9(B) General Commercial (GC), Principal Uses and Structures Allowed to allow astrologists, clairvoyants, fortune tellers, pa/mists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as a permitted use, and LDR Section 4.4.9(H) General Commercial (GC), Special Regulations, to provide Iocational restrictions, based upon positive findings with LDR Section 2.4.5(M). Attachment: Proposed Ordinance MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #/~S- REGULAR MEETING OF JULY 21, 1998 RESOLUTION NO. 45-98 (STORMWATER UTILITY SYSTEM) DATE: JULY 16, 1998 In accordance with Chapter 56, "Stormwater", of the City Code, Resolution No. 45-98 establishes the budget for the stormwater utility system, establishes the rates for FY 1999 stormwater management assessments, and certifies and adopts the stormwater management assessment roll. Prior to consideration, a public hearing is required. The assessment is proposed at the rate of $4.50 per month per Equivalent Residential Unit (ERU), for a total annual assessment of $54.00 per ERU. This is the same as the current year assessment. Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25% discount is given to owners of property served by private drainage systems. The proposed budget for the stormwater utility fund is incorporated in Resolution No. 45-98 as Exhibit "A". The rate structure with condominium factors is attached to the resolution as Exhibit "B". The assessment roll will be available for review in the Commission Chambers at the July 21st meeting. Recommend approval of Resolution No. 45-98. ref:a~memol8 RESOLUTION NO. 45-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on July 6, 1990, adopt Ordinance No. 21-90, which provides for the creation and establishment of a City-wide Stormwater Management System; and WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on April 27, 1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the City of Delray Beach, Florida, to provide for the method of establishing and collecting Stormwater Management Assessments; and WHEREAS, the statutory authority for the creation and implementation of Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and WHEREAS, the City Commission of the City of Delray Beach has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater management system; and WHEREAS, Chapter 56 of the City Code establishes that the rate for Stormwater Management Assessments for each parcel within the benefited area, other than with respect to non-assessed property, shall be established each year by resolution of the City Commission; and WHEREAS, Chapter 56 of the City Code provides that such rate resolution shall not be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as required by applicable law; and WHEREAS, Chapter 56 of the City Code provides that such budget shall include, but not be limited to a capital element, a debt service element and an Operation and Maintenance element and further requires that the rate hearing and rate resolution shall clearly establish what portion of the Stormwater Management Assessment reflects the capital element, the debt service element, if any, and the Operation and Maintenance element; and WHEREAS, a budget of operation for the year ending September 30, 1999, is set forth herein in Exhibit "A" and is established in conformity with the requirements of Ordinance No. 21-90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach, Florida; and WHEREAS, billing and collection of the Stormwater Assessment shall be the uniform Management accomplished utilizing method of collection; and WHEREAS, a rate for Stormwater Management Assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Chapter 56 of the City Code, and as further set forth in Exhibit "B" to this resolution; and WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessment roll was duly noticed; and WHEREAS, the City, upon adoption of the budget and rates, shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and if upon the completion of such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is correct and proper 'and is to be used in collecting the Stormwater Management Assessments. Thereafter, the City' Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and - 2 - Res. No. 45-98 I I WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is levied shall thereafter be responsible for payment thereof. 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, does hereby adopt the aforementioned preamble in its entirety Section 2. That the City Commission of the City of Delray Beach does hereby adopt, after public hearing, the budget as established in Exhibit "A" hereto which is incorporated herein. Section 3. That the City Commission of the City of Delray Beach does hereby adopt, after public hearing, the rates as set forth in Exhibit "B" which is incorporated herein. Section 4. That the City Commission of the City of Delray Beach hereby adopts and certifies the Stormwater Management Assessment Roll. PASSED AND ADOPTED in regular session on this the 21st day ATTEST: ~Ci~y C16rk - 3 - Res. No. 45-98 Exhibit "A" FY 1998-99 I~UND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Manager's Div 11 Administration Recommended 12-10 Regular Salaries/Wages 31,170 21-10 Employer FICA 2,370 22-10 General Employee Retirement 1,380 23-10 Life Insurance 140 23-20 Disability Insurance 340 23-30 Health Insurance 2,190 24-10 Workers' Compensation 1,770 25-10 Unemployment Compensation 20 25-20 Employee Assistance Program 40 * PERSON~4L SERVICES 39,420 31-30 Engineering/Architect 17,000 32-10 Audit/Accounting Fees 350 34-90 Other Contractual Services 4,000 40-10 Travel and Training 590 41-10 Telephone Expense 210 42-10 Postage 200 43-50 Stormwater Charges 420 44-45 Vehicle Rental - Garage 1,430 45-10 General Liability 4,540 46-20 Equipment Maintenance 1,500 46-30 Vehicle Maintenance - Garage 600 46-90 Other Repair/Maintenance Costs 13,730 48-20 Employee Recognition Awards 50 49-22 Share of Administrative Expense 52,000 49-90 Other Current Charges 500 51-10 Stationery/Paper/Forms 300 51-20 Office Equipment < $500 100 51-90 Other Office Supplies 250 52-10 Fuel/Lube Vehicles 150 52-20 General Operating Supplies 200 52-22 UniformatLinen Service 90 54-15 Subscriptions 120 ~4-30 Training/~u~ation Costs 240 * OPERATING F_A'PENSE$ 98,570 63-90 Other lmprm, ements 0 64-11 Computer Equipment 3,000 * CAPITAL OUTLAY 3,000 99-01 Project Reserve 37,210 91-01 Transfer to General Fund 37,000 * NON-OPERA TING E. EPENSF~ 74,210 ** ADMINISTRATION 215,200 Exhibit "A" to Res. No. 45-98 Pa~ 1 Page 1 of 3 Exhibit "A" FY 1998-99 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Manager's Div 16 Maintenance Recommended 12-10 Regular Salaries/Wages 136,340 14-10 Overtime 6,890 21-10 Employer FICA 10,710 22-10 General Employee Retirement 6,060 23-10 Life Insurance 470 23-20 Disability Insurance 1,470 23-30 Health Insurance 10,950 24-10 Workers' Compensation 15,920 25-10 Unemploymem Compensation 110 25-20 Employee Assistance Program 210 * PERSONAL SERVICES 189,130 31-20 Medical 100 34-70 Photo/Microfilm Services 100 34-78 Repair and Upkeep Canals 9,300 34-90 Other Contractual Services 33,000 40-10 Travel and Training 670 43-10 Electricity 7,560 43-25 Irrigation Water 3,000 44-10 Land Rental/Lease 1,080 44-30 Equipment Rental/Lease 1,000 44-45 Vehicle Rental - Garage 15,680 45-10 General Liability 10,010 46-20 Equipmem Maintenance 800 46-30 Vehicle Maintenance - Garage 39,750 48-20 Employee Recognition Awards 450 $1 - 10 Stationery/Paper/Forms 200 $1-90 Other Office Supplies 100 52-10 Fuel/Lube Vehicles 4,800 $2-20 General Operating Supplies 2,000 52-22 Uniforms/Linen Service 2,200 52-24 Building Materials 1,800 $2-26 Gardening Supplies 6,000 52-27 Equipment < $500 2,450 53-20 Repairs - Drainage 6,000 54-20 Membe~hips 50 54-30 Training/Education Costs 400 * OPF. RATINGF_.XP~ 148,500 64-90 Other Machinery/Equipment 1,650 66-10 Software 0 * CAPITAL OUTL4Y 1,650 ** STORMWATER SYSTEM MAINTENANCE 339,280 Exhibit "A" to Res. No. 45-98 Page2 Page 2 of 3 Exhibit "A" FY 1998-99 FUND 448 STORMWATER UTILITY FUND Dept 54 Stormwater Utility Manager's Div 61 Capital Recommended 62-50 Pipe Lining-Andrews 110,000 62-51 Brooks Lane 27,500 62-52 SE 2nd Avenue 32,000 62-53 SE 10th Street 25,000 62-54 SW 8th Avenue 546,200 62-55 NE 12th Street 175,000 62-56 NW 9th Avenue 69,650 63-90 Other Improvements 185,350 * C~PITAL OUTLAY 1,170,700 * * CAPITAL 1,170,700 *** STORMWATER UTILITY FUND 1,725,180 Exhibit "A" to Res. No. 45-98 Page 3 of 3 Page 3 ! { EXHIBIT "B" TO RESOLUTION NO. 45-98 Property Total 12 Month Description Rate Structure Assessment Single Family Residential ($4.50/Mo./ERU) (12 Mo.) (1 ERU) $ 54.00 Condominium ($4.50/Mo./ERU) (12 Mo.) (Condo Factor) $ 54.00 (ERU/Unit) x CF* Single Owner Multi-Family Residential ($4.50/Mo./ERU) (12 Mo.) $ 54.00/ERU Non-Residential Developed ($4.50/Mo./ERU) (12 Mo.) $ 54.00/ERU Undeveloped ($4.50/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 64.80/AC All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boundary map, shall receive a 25% discount. All properties for which the City does not provide for the maintenance of street drainage systems shall receive a 25% discount. * A specific condominimum factor (0.0 - 1.0) has been determined for each condominium development. A list of those factors is attached. Page 1 of 4 ~ity of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/14/98, 12:58:47 CONDOMINIUM RATES FOR TAX YEAR 1998 Page 1 Condominium Units ERUs Acacia House 3 .91 Admiral Apts. 10 .70 Anchorage 8 .32 Ardmore 13 .70 Arnold Industrial Park 3 .70 Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22 .70 Balmoral 12 .57 Banyan House 65 .63 Banyan Tree Village 55 .96 Bar Harbour 85 .39 Barr Terrace 96 .38 Barrton Apts. 102 .46 Beach Cabanas 12 .64 Beach House of Delray 12 .70 Beekman 14 .70 Berkeshire II 48 1.00 Berkshire I 23 .79 Bermuda High 22 1.00 Bermuda High South 29 .94 Bermuda High West 46 1.00 Blairs Arcade 5 1.00 Blairs Downtown 3 .89 Block 60 92 .13 Boca Isle/Point at Delray Beach 93 .69 Brooks Lane 6 1.00 Cambridge 8 1 00 Captains Walk 57 86 Casa Del Mar 11 49 Chevy Chase 16 70 Churchill 30 60 Coach Gate 7 97 Coastal House 85 41 Commodore Apts. 8 70 Coral Cove 7 70 Costa Del Rey 40 63 Costa Del Rey North 30 .77 Country Manors 440 1.00 Court of Delray 43 .40 Cove Apts 5 .70 Crest 6 .79 Del Harbour 18 .32 Del Harbour Condominium 4 .70 Delhaven 24 .74 Delray Bch Club 77 .47 Delray Beach Yacht Club Condo 12 .53 Delray Dental Specialists 3 .70 Delray Estates 324 .55 Delray Golfview 36 .57 Delray Harbour Club 50 .44 Delray Oaks 142 .95 Delray Oaks West 216 .95 Delray Ocean Villas 15 .70 Delray Place 42 .35 Delray Shores Professional 8 1.00 · Exhibit "B" to Res, No. 45-98 Page 2 of 4 'City of Delray Beach, Florida Prograun: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/14/98, 12:58:47 CONDOMINIUM RATES FOR TAX YEAR 1998 Page 2 Condomini%un Units ERUs Delray Summit 66 .41 Domaine Delray 60 .91 Dover House 45 .48 Eastview of Delray Beach 3 .70 Eastview Village Square 24 1.00 Eastwinds 84 .69 Eight Hundred Ocean Place 8 1.00 Environment I 92 .93 Fairway 72 1o00 Fall Ridge 60 1.00 First Encounter 46 .70 Georgia Street Industrial Park 3 .70 Golfview Colony 8 1.00 Greensward Village 136 .91 Grove 28 .99 Hamilton Mouse 24 .77 Harbour Pointe of Delray 10 .70 Harbour Villas 17 .56 Harhourside I-III 176 .67 High Point 1,992 .76 Imperial Manor 12 .70 Imperial Villas 199 .96 Ingraham House 4 .70 Inlet Cove 16 1.00 Inner Circle 16 .72 Intercoastal Cove 4 .70 Jardin Del Mar 38 .83 Lago Del Rey 338 .86 Lago Del Rey North Amsterdam 30 .57 Lakeview Greens 128 90 Landings of Delray Beach 27 63 Lanikai Villas 24 52 Lavers Delray Racquet Club 566 1 00 Ledges 3 70 Linton Ridge 84 39 Linton Woods 24 1 00 Lyndon Arms 8 .64 Manor House 24 .67 Marina Del Rey 10 .70 Martel Arms 30 1.00 Miramar Gardens 48 .38 Narberth/Ocean Aire 14 .70 New Monmouth 17 .70 Ocean East 8 .85 Ocean Place 29 1.00 Ocean Terrace 8 .70 One Sixty Center 5 1.00 One Ten Apts 4 .70 Outrigger 25 1.00 Palm Square 8 .70 Palm Trail 22 .70 Palm Villas 60 1.00 Park View Manor 16 .55 Patio Beach 10 .70 Exhibit "B" to Res. No. 45-98 Page 3 of 4 City of Delray Beach, Florida Program: SWLIB/SWCONDO STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/14/98, 12:58:47 CONDOMINIUM RATES FOR TAX YEAR 1998 Page 3 Condominiura Units E~Us Pelican Pointe 56 1.00 Penthouse Delray 80 .41 Pine Beach South 6 .70 Pines of Delray 685 .72 Pines of Delray North 700 .99 Pines of Delray West 287 .75 Plum 7 1.00 Ranger 10 .70 Sabal Pine 256 .85 Sabal Pine East 222 .93 Sabal Pine South 128 .87 Sands Terrace 14 .50 Savoy 8 .70 Seabreeze of Delray 5 .69 Seagate Manor 63 .51 Seagate Towers 149 .49 Seastone Apts. 10 .34 Seaway Villas of Delray Beach 6 .70 Serena vista 30 1.00 Seven Seventy 17th Ave. 9 .70 Sloan Hammock Land 5 .98 South County Professional 44 .70 South Ocean 10 1.00 South Shore Club 15 1.00 Southridge 37 1.00 Southridge Village 68 .90 Southwinds 84 .69 Spanish River 81 .34 Spanish Trail 20 .59 Spanish Wells 240 .72 Stor-all 12 .70 Sunset Pines 66 1.00 Tahiti Cove 18 .79 Talbot House III 4 .70 Three Fifty Five Building 7 1.00 Town & Country 148 .57 Tropic Bay 1-17 399 .61 Tropic Harbor 222 .49 Tropic View 48 1.00 Twelve-O-Two 6 .58 Valhalla 8 1.00 Venetian Drive Townhouse 4 .70 Venetian Village 14 1.00 Vista Lago 14 .70 Waterview Apts. 8 .67 Waterway East 21 1.00 Waterway North 15 .92 Wedgewood 6 .70 Williamsburg Inn 12 .70 Windemere Ho~se 30 .63 Winston 8 .56 Woodbrooke 13 .66 Total condominium units . . . : 11,874 Average ER~/unit ...... : .76 160 Records processed -- End of Listing -- Exhibit "B" to Res. No. 45-98 Page 4 of 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'~"1 SUBJECT: AGENDA ITEM #/~- REG~ MEETING OF JULY 21, 1998 ORDINANCE NO. 26-98 (PRICE GOUGING PREVENTION) AND ADOPTION OF ASSOCIATED RESOLUTION NO. D DATE: JULY 15, 1998 This is second reading and a public hearing for Ordinance No. 26-98 which amends Chapter 95 of the City Code to bring our emergency management ordinance into conformity with Section 501.160, Florida Statutes. The proposed amendments include: (1) adding definitions for the terms "average retail price", "consumer good", "enforcement official", and "fuel product"; (2) removing the term "normal average price"; and (3) adding a prohibition on price gouging practices upon the declaration of an emergency. Resolution No. D is also amended to reflect the use of the term "average retail price" The proposed amendments are in anticipation of the hurricane season regarding the difficulties citizens may face in purchasing basic necessities, leasing dwelling space and obtaining services during a state of emergency. They will assist in curtailing "price gouging" practices by expanding the types of consumer transactions covered under price gouging and the issuance of civil citations to immediately stop the practice. The ordinance will only be effective during a declared state of emergency. At first reading on July 7, 1998, the Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 26-98 on second and final reading. As an associated item and by separate motion, ~ormally ~adopt Resolution No. D as amended to reflect the use of the term ~average retail price" re f: agmemo 10 ORDINANCE NO. 26-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL REGULATIONS", CHAPTER 95, "EMERGENCY MANAGEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 95.01, "DEFINITIONS", TO PROVIDE FOR DEFINITIONS FOR THE TERMS "AVERAGE RETAIL PRI CE" , "CONSUMER GOOD" , "ENFORCEMENT OFFICIAL" , AND "FUEL PRODUCT"; AMENDING SECTION 95.05, "DECLARATION OF A STATE OF EMERGENCY", TO PROVIDE FOR A REVISION TO RESOLUTION D RELATING TO PROHIBITING PRICE GOUGING; ENACTING A PROVISION FOR PROHIBITION OF PRICE GOUGING; AMENDING "RESOLUTION D"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Florida Statutes Chapter 166 (Municipalities) authorizes the City Commission for the City of Delray Beach to enact such ordinances as are necessary to protect the health, safety and welfare of the citizens of Delray Beach; and WHEREAS, Delray Beach residents face the imposition or demand of excessive and/or exorbitant prices for consumer goods, services and lodging essential for their health, safety and welfare after the occurrence of natural or manmade disasters and emergencies; and WHEREAS, Florida Statute, Chapter 252.38(2) and Delray Beach Ordinance No. 7-92 provide authority for Delray Beach to declare a state of local emergency and to waive the procedures and formalities otherwise required of Delray Beach by law in order to take whatever action is necessary to ensure the health, safety and welfare of its citizens; and WHEREAS, Florida Statute, Chapter 252 and Delray Beach Ordinance No. 7-92 identify the City Manager or his designee to be the Director of Emergency Management, and to appoint a Coordinator of Emergency Services who shall act as the coordinator for services, activities and programs required in the event of an emergency; and WHEREAS, Part II of Chapter 501, Florida Statutes, the "Florida Deceptive and Unfair Trade Practices Act", prohibits unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce, and authorizes local governments to enact consistent consumer protection ordinances; and WHEREAS, the City Commission for the City of Delray Beach finds and declares that it is necessary to protect the health, safety and welfare of the citizens of Delray Beach from unscrupulous vendors or merchants taking advantage of the scarcity of consumer goods, including the addition of services, rentals or lodging as a prohibited practice, during a period of emergency. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 9 "General Regulations", Chapter 95, "Emergency Management", Section ~5.01, "Definitions",' ' ' of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) "Averaqe Retail Price" shall mean the averaqe price at which similar merchandise, services, rentals or lodqinq were beinq sold or rented durinq the thirty days immediately precedinq the declaration of a local emerqency. (C) "Consumer Good" shall mean any service, article, product, merchandise or commodity of any kind or class, which is customarily produced or distributed for sale or rental at retail or provided for consumption by or the use or benefit of individuals, includinq but not limited to foods, water, ice, clothinq, lumber, hardware, chainsaws, qenerators, and home improvement materials; fuel products; and repairs, services, rentals or lodqinq. (D) "Enforcement Official" shall mean any police or law enforcement officer, any code compliance official, the personnel of the Department of Public Safety, Division of Emerqency Manaqement and the DiVision of Consumer Affairs, and any other appropriate municipal official. (E) "Fuel Product" shall mean home heatinq oil, kerosene, propane, natural qas, diesel fuel, methanol, and qasoline. - 2 - Ord. No. 26-98 Section 2. That Title 9, "General Regulations", Chapter 95, "Emergency Management", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 95.15, "Prohibition on Price Gouging", to read as follows: Section 95.15 PROHIBITION ON PRICE GOUGING. (A) Upon declaration of an emergency pursuant to Section 95.05, and during the duration of such emerqency, it shall be prima facie evidence that an unlawful method of competition and an unfair and deceptive trade act or practice has occurred if any individual or business entity doing business in Palm Beach County charqes more than the average retail price for any consumer good and such price exceeds the average price at which the same or similar consumer good was readily obtainable in Delray Beach durinq the thirty days immediately prior to a declaration of a state of emerqency; or the charges represent a gross disparity between the price of the consumer good or dwellinq unit or self-storaqe facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business durinq the thirty days. immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwellinq unit or self-storage facility, or national or international market trends; or for a person or his agent or business entity or its employee to rent or sell or offer to rent or sell at an unconscionable price within the area for which the state of emergency is declared, any consumer good including, but not limited to, supplies, services, provisions or ec[uipment that is necessary for consumption or use as a direct result of the emergency. (B) This section does not prevent the seller of consumer qoods from charqinq an amount in excess of the averaqe retail price, if such higher price ..is the direct result of, and limited to, any increased costs due to the transportation of the consumer good during the state of emergency or any increased cost for the consumer good from the manufacturer, distributor or wholesaler to the seller. In such instances,, only the actual cost increase per item from the manufacturer, distributor or wholesaler can be added to the average retail price. - 3 - Ord. No. 26-98 (C) A price increase approved by an appropriate qovernment aqency shall not be in violation of this ordinance. (D) This ordinance shall not apply to sales by qrowers, producers or processors of raw or processed food products, except for retail sales of such products to the ultimate consumer within the area of the declared state of emerqency. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ~OPTED in regular session on second and final reading on this the 21st day of July , 1998. ATTEST: - ~City Cl~rk' First Reading July 7~ 1998 Second Reading July 21, 1998 - 4 - Ord. No. 26-98 RESOLUTION NO. D A RESOLUTION OF THE CITY COMAilSSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND PROHIBITING TI-IE SALE OF MERCHANDISE, GOODS OR SERVICES AT MORE THAN THE AVERAGE RETAIL PRICE. WI~REAS, a State of Emergency in the City of Delray Beach was proclaimed by on due to ., ;and WHF. I1EAS, threatens the stability, economy and civil order of the City of Delray Beach and its citizens; and WHEREAS, charging more than the average retail price under existing conditions is an attempt to profit from the misfomme of others and can lead to civil strife, to inequities in the distribution of essential materials such as foodstuffs, ice, fuel, and other vital necessities, and to a greater loss of the sense of hope and well being so basic to a speedy recovery and restoration of the community; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes this prohibition of the sale of merchandise, goods or services at more than the average retail price during a state of emergency; and WHEREAS, the City desires to amend Resolution No. D to conform with Florida Statutes Section 501.160. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: S~t/on 1. A declaration of a State of Emergency proclaimed on is hereby confirmed. S~tion2. has and conditions arising therefrom threaten to create shortages of essential goods and services which are needed to sustain the physical well being, economic stability and public order of the City of Deb'ay Beach and its citizens. S~tion 3. No person or business entity offering goods or services for sale within the City Of ])eh'ay Beach shall charge more than the average retail price as defined by Section 95.0103), Chapter 95, Code of Ordinances, during the period of the declared emergency. ~. All violations of the provisions of this resolution shall be subject to prosecution under Section 95.99 of the Delray Beach Code of Ordinances. ~. The regulation and control of retail prices within the City of Dekay Beach shall remain in effect until competent authority declares the state of emergency to be terminated. S~tion 6. This resolution shall take effect on (Time) (Day) (Month) (Year) PASSED AND ADOPTED on this the day of . ,19 MAYOR ATTEST: City Clerk 2 RES. NO. D MEMORANDUM DATE: July 15,1998 TO: David Harden, City Manager FROM: Lula Butler, Director, Community Improvement RE: First Reading of Ordinance No. 28-98, Amending Section 110.15 of the City's Code Of Ordinance Increasing Occupational Licenses Fees ITEM BEFORE THE COMMISSION: First reading of Ordinance #28-98 amending Section 110.15 of Chapter 110 of the City's Code of Ordinance governing the requirement for Occupational Licenses and assessed fees. The amendment provides for an across-the-board 4% increase in the individual license tax paid to the City by the persons engaging, managing or transacting an occupation or profession annually. BACKGROUND: The State Legislature amended Chapter 205 of the Florida State Statutes by the passing of SB 364 in 1993. This bill provided the opportunity for municipalities and counties to reclassify businesses, professions and occupations as well as new rate structures if certain conditions were met by October 1, 1995. The City, in compliance with these conditions, approved the changes to Chapter 110 of the Code of Ordinance, governing these fees, as recommended by the appointed Equity Study Commission. The changes were captured by adopting Ordinance No. 35-95, July 11, 1995. The amendments to Chapter 205 also established authority for governments to increase licenses taxes every other year by up to 5%. The Occupational License fees currently in effect were adopted by this Ordinance in 1995. This is the first increase in the approved fees since the passing of SB 364. Staff is recommending a 4% increase in all individual fees as amended under Ordinance #28-98. A majority of the classifications are assessed a flat fee of $125 which will be increased to $130. All exceptions are detailed under Section 110.15. RECOMMENDATION: Staff is recommending that the City Commission adopt Ordinance 28-98, amending Section 110.15 of the Code of Ordinance, providing for a 4% increase in all Occupational License Fees effective October 1, 1998. The Ordinance should be made effective immediately to coincide with the City's renewal notice and process. LB:DQ ORDINANCE NO. 28-98 DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", SECTION 110.15, "LICENSE TAX SCHEDULE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR AN INCREASE IN OCCUPATIONAL LICENSE FEES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code establishes the individual license tax required to be paid annually to the City by the persons engaging in or managing or transacting an occupation or profession; and WHEREAS, pursuant to Chapter 205, Florida Statutes, the City Commission has determined it to be appropriate to increase said occupational license fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XI, "Business Regulations", Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 110.15 LICENSE TAX SCHEDULE. The following enumerated individual license tax shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: Classification All Fees ~/~9 $!30.00, except as noted ABSTRACTING Land title, warranty or security company. Each individual conducting the business of abstracting title, either in part or in whole, shall pay a license tax. ACADEMY OFMUSIC ADULT ENTERTAINMENT ADVERTISING Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising in this way their own goods and merchandise, shall pay an annual license tax. ADVERTISING Agencies engaged in the business of bill posting shall pay a license tax, per year. ADVERTISING OFFICE, PUBLIC RELATIONS ALLEYS, BOWLING, BOXB~T.T. or TENPINS Each lane $ 2~/9~ 20.80 Separate from undertaking, each ~/~ 72.80 AMUSEMENT PARLORS OR CONCERT HALLS APARTMENT, ROOMING HOUSES Per room, excluding kitchen & bathrooms ~/~9 5.20 AQLrARIUM ARMOPRD CAR SERVICE Each vehicle 79199 72.80 ART GATJ.RRY (2) Artist, commercial (3) Artist material or supplies (See MERCHANTS) (4) Artists' outdoor sale: Each sale, first day ~/~ 31.20 Each day thereafter ~/~ 10.40 ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HF_,AT,~ These activities and others of a similar hature, whether or not in connection with another business, charging fees, shall pay a license tax. AT~LRTIC CLUB, GYMNASIUM (Zoning) - 2 - Ord. No. 28-98 AUC~IO~ ~UCT~O~ ~UCTION, ~ E~TAT~ Per day AUTOMATIC AMUSEMENTMACHINES, GAMES OR DE~ICES, DISTRIBUTOR Annual fee Note: It is understood that this shall not be construed to license or permit operation or display of gambling devices. AUTO~ATIC~S~D~CES or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this chapter. Each machine or apparatus ~/~ 52.00 AUTOMATIC TRADEMACHINES Where only incentive to operate same is to procure such as gum, nuts and the like Each machine ~9/9~ 31.20 Distributor ~/~ 130.00 AUTOMATIC WEIGHINGMACHINES DISTRIBUTOR Each machine ~/~ 10.40 AUTO~OBILEORMOTOR~I~S, TRUCKS, FARM TRACTORS AND FARM IMPT.R~qTS, MOTORCYCLES (1) Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency, not to include repairs. (2) Each additional display lot. (3) Rental of vehicle not to exceed 30 days as replacement for vehicles undergoing repairs by agency. - 3 - Ord. No. 28-98 AUTOMOBILR (1)Automatic car wash, not in connection with other business (2) Automobile association (See INSURANCE) (3) Driving school (4) Parking lots, commercial, each lot (5) Repair shop or garage, in connection with auto agency (6) Repair shop or garage not in connection with other business (7) Self-serve car wash, first unit ~/~ 41.60 Each additional unit ~/~ 10.40 (8) U-Drive rentals (9) Upholstering, tops, seat covers and the like (10) Automobile used parts, dealers in, used for purposes other than junk (11) Wrecker service, towing (12) Auto detailing AUTOMOBILR SERVICE STATION Washing and polishing, greasing, lubricating and like servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise by ordinance under MERCHANTS. AUTOMOBILE SERVICE STATION Selling merchandise other than petroleum products used in greasing and lubricating, shall pay the MERCHANTS license on other merchandise in addition to the foregoing. - 4 - Ord. No. 28-98 BABY SI~'I~ SRVICE ~/~ 62.40 BA~C~ OR ~Z~ ~S~ CO~ ~Y ~olesale and retail, each store ~Y,Y. R~ FOR PROFIT { (National and state chartered), SA~S ~ ~ ~SOCIATIONS (per Section 5219 Revised Statutes 12 U.S.C. 548) ~~, ~SING O~, ~US~E S~T.~ (S~ F~ S~) ~~ SHOPS S~ EQUIP~ (S~ject to bids to the Commission) B~ SHOPS BIB~, HOLY - SOLICITO~ BI~ SHOP, both retail and repair BILL~, P~L OR ~~T.LR T~LRS For profit, each table ~9/99 52. oo BI~S Dealers BL~~ING S~~ Maps, plats and the like BOAT AG~CIES, ~/US~ Each lot, not to include repairs BOA~ ~R HI~ Fishing, cruising or sightseeing (each boat) BOAT ~USES Storage only BOAT ~I~, ~C~GE, YA~ ~INS BO~ ~PAIR - 5 - Ord. No. 2 BOILER, MACHINE SHOPS OR FOUNDRIES BONDSMAN, RAIL BONDS BOOK, MAGAZINE SOLICITORS Per week ~9/99 52.00 Per person ~9]99 20.80 Interstate commerce No fee BOOKF~RPER/ACCOUNTANT, not C.P.A. BOOT AND SHOE REPAIR SHOP BOTTLING WORKS BROKERS Stocks, bonds, mortgages, customs and others BUILDING INSPECTOR BUILDING AND LOAN ASSOCIATIONS (See BANKS) BURGLAR ALARM COMPANY BUS STATION, intrastate business only BUSINESS COT,T.RGE, TRADE SCHOOLS BUSINESS OFFICE BUTCHER SHOP CABINET SHOP CARPET AND RUG CLRANING Each location Fixed base or mobile, each truck ~9/~ 52.00 CERAMIC STUDIO CHEMICAL COMPANIES CHRISTMAS TREE S~T.RS Season only, each lot CITRUS FRUITS AND VEGETABLE RETAIL (See MERCHANT) - 6 - Ord. No. 28-98 CLAIM AND COT.T.RCTING AGENCIES CT.R~INO, PRESSING, DYEING (See LAUNDRIES) Secondhand dealers COLD DRINK STAND (See MERCHANT) coLD All types COMMISSION MERCHANTS Handling shipments (other than specifically provided for herein) on a commission basis CONCRETE PRODUCTS (See MANUFACTURER) CONCRETE READY-MIX PLANT CONTRACTORS (1) General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work (3) Structural and reinforced iron and steel (4) Subcontractors and others as listed: Concrete, stone, brick Electrical Heating and ventilating House movers Masons Plasterers Roofing Sheetmetal and tinsmith Septic tank Tile - 7 - Ord. No. 28-98 Well drilling Floor sanding and finishing Lathers Plumbers (5) Any person who shall accept orders to be engaged in the business of accepting orders or contracts on cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this chapter. CONVALESCENT HOME (not sanitarium) Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulations COSTUME, CLOTHING RENTAL C~RDIT BUREAUS DAIRIES (milk distributors, jobbers or creameries delivering milk) Each truck ~/99 72.80 DANCING SCHOOLS DATA P~OCESSING (See P~OFESSIONAL) - 8 - Ord. No. 28-98 DEAY,~ IN SECONDHAND FIREARMS This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased or sold names and addresses of persons purchasing or selling them. DELICATESSEN DENTAL SUPPLIES DENTAL TECHNICIAN LABORATORY DEPARTMENT STORES (See MERCHANTS) DI*.TECTI'VE AGENCY Each location (state certificate) DISTRIBUTOR DOG AND PET GROOMING Sale of supplies, see MERCHANTS DRESSMAKING, HEMSTITCHING (no stock carried) DRUGS, retail dealer (See MERES) DRY U.RANING (See LAUNDRIES) RI.RCTRIC LIGHT AND POWER COMPANIES Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. EMPLOYMENT AGENCIES ENGRAVERS OR LITHOGRAPHERS EXPORT OR IMPORT COMPANIES EXPRESS COMPANIES (Intrastate only) EXTERMII~h'TORS (state certificate) - 9 - Ord No 28-98 FERTILIZER MANUFACTURERS - MIXING PLANT FIRE R~TINGUISHER S~T.RS, SERVICE FIRE AND WRECK S~T.~S (When not conducted by bona fide business concerns previously established and doing business in the City), of undamaged goods of that firm having damage by fire or wreck, each sale. FISH OR POULTRY MARKET FISH PEDDL~ (See PEDDLERS OF MERCHANDISE) FISHING TACKr.~ (See MERCHANTS) FISHING TACKr.R OR GUN REPAIR FLORISTS OR DEALERS IN FLOWERS, Each FOOD LOCKERS - COLD STORAGE FRUIT, VEGETABT.R STAND FUMIGATING (See EXTERMINATORS) FURNITURE AND HOUSE FURNISHING (See MERCHANTS) GAS COMPANIES (1) Distributing and selling gas through pipelines (2) Selling bottled gas (3) Gas tank wagon delivery only GASOLINE AND OIL DISTRIBUTORS Wholesale, storage facilities in the City GOLF COURSES, Each GOLF DRIVING RANGE, Each GOLF, MINIATURE, Each GTTARANTY OR SURETY TITT.R COMPANIES GLrARD, PATROL SERVICE (See DETECTIVE AGENCY) - 10 - Ord. No. 28-98 GUNS, sales or repair Need Federal firearms dealers license HARNESS AND SADDr.RRY (See MERCHANTS) HOME OCCUPATION HOSPITALS, SANITARIUM HOTELS Per room, excluding kitchens and bathrooms ~/~ 5.20 HYPNOTISTS Must meet requirements set forth in F.S. Chapter 456 ICE CREAM PARLORS ICE CREAM WAGON OR TRUCK, Each ~99/~ 104.00 ICE MANUFACTURING OR STORAGE INSECTICIDE Manufacturers or dealers INST~T.LRRS, CARPETS INSURANCE ADJUSTERS INSURANCE AGENCY For each company represented INSURANCE Baggage, each company represented INSURANCE Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each IMPORT, EXPORT (See EXPORT) - 11 - Ord. No. 28-98 INTERIOR DECORATOR INVALID AND HOSPITAL SUPPLIES ~.RY Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required). JEWELRY REPAIR JEWELRY STORE (See MERCHANTS) JUNK SHOPS OR DEAT,RRS License required whether or not sale or purchase or both, or solicitations are made. KENNELS, ANIMAL (approved location) KEY SHOP, LOCKSMITH AND ASSOCIATED SERVICES (See MERCHANTS) KNIFE, SCISSORS AND TOOL SHARPENER LANDSCAPE COMPANY LAUNDRY OR DRY CLRANING PLANT Agent for out of town laundries Local agency, permanent office Self -service LAWN SPRAYING State Board of Health certificate LINEN OR DIAPER SERVICE LOAN, FINANCE, MORTGAGE COMPANY LUMBER DEAT.RRS LUNCH STANDS, not over 25 chairs - 12 - Ord. No. 28-98 MACHINE SHOPS (not automobile) MAIL ORDER BUSINESS MAINTENANCE (Floor, home, office, building) MANICURIST, Each ~/~ 62.40 MANUFACTURER MARBLE AND GRANITE WORKS MASSAGE SALON MASSEUR, MASSEUSE, Each 69/~9 62.40 MEATS (See BUT~ SHOP) MERCHANDISE, Secondhand (See SECONDHAND DEALW. RS) MERCHANTS, DRUGGISTS AND STOREKEEPERS MESSENGER SERVICE (exclusive of telegrams) MIMEOGRAPH AND LRTTER SHOP MONUMENTS AND TOMBSTONES MOTION PICTURE THEATERS Giving performances of moving pictures or other forms of entertainment MOVERS (See STORAGE) MOVING COMPANY MUSICAL DEVICES Operator of mechanically operated (whether operated in connection with or separate from any other business) License or tag must be displayed on each machine. MUSICAL DEVICES, Distributor MUSIC TEACHERS NAILS, ACRYLIC SHOPS (State Certificate) NEWSPAPER PUBLISHER - 13 - Ord. No. 28-98 NEWS CfH~PANIES, owners or managers of NEWSSTANDS Owners or managers of, where daily and weekly newspapers or magazines, postcards and the like are sold. NIGHT CLUBS Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests. NOVELTY WORKS (See MANUFACIN3RER) NURSERY Shrubs, trees, plants or landscaping NURSING HOME (See CONVAr.RSCENT HOME) OFFICE MACHINE REPAIRS (See REPAIR SHOP) OIL (See GASOLINE) PAINT MANUFA~ (See MANUFACTURER) PAR~. DELIVERY Each vehicle 6~/9~ 62.40 PAWNBROKERS (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person ~/~ 20.80 (2) Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person ~/~ 20.80 - 14 - Ord. No. 28-98 (3) Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle ~/99 130.00 (This provision in respect to product shall not apply to persons selling products of own farm.) (4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out-of-town business houses or enterprises not maintaining place of business in City, providing however that this provision does not apply to wholesalers dealing exclusively with retailers ~/~ 130.00 (5) Traveling stores, dry goods, groceries, clothing, boots and shoes ~/~ 130.00 PET SHOP OR GROOMING (See DOG AND PET GROOMING) PHOTO PROCESSING, FILM DEVELOPING PHOTOGRAPHERS PIANO TUNERS PICTURE AGENTS PLATING WITH METALS PORTABLE TOILETS POSTCARD STANDS, only POTATO CHIPS (See MANUFACTURER) PRINT SHOP OR PUBLISHING PRIVATE POSTAL MAILBOX PRIVATE SCHOOLS (See SCHOOLS) - 15 - Ord. No. 28-98 PROFESSIONAL (1) The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to take out a professional license: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Engineers, civil, consulting Interior Design Opticians Optometrists Osteopathic physicians Physicians Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not classified (2) For each person operating with the person licensed in the preceding clause, other than the professional employees. PROPERTY MANAGEMENT PROMOTERS Entertainment, sports or contests PUBLIC HA?J. FOR HIRE PUBLIC STENOGRAPHER PUBLISHING COMPANY Books, directories and the like - 16 - Ord. No. 28-98 RADIO COMMUNICATIONS RADIO REPAIR SHOP (See REPAIR SHOPS) RAILROAD COMPANIES, each REAL ESTATE AGENCY OR BROKER RECORDING STUDIO ~R~UCING SALON RENTAL EQUIPMENT, all types REPAIR SHOPS, each REPAIRS FROM TRUCK OR OTHER VEHICLE RESTAURANTS (If dancing permitted, see NIGHT CLUBS) Cafes and public eating places (whether food is served in connect ion with or separate from other business, except dining rooms in connection with hotels) RETIREMENT, REST HOME (See CONVAT.w. SCENT HOME) RINKS, bicycle, skating or other ROOF TRUSSES (See MANUFACTURER) SAWMILL YARD SCHOOLS SECONDHAND DEALerS (1) In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of firearms. (See DEALERS IN SECONDHAND FIREARMS and SECONDHAND CLOTHING) (2) Ail secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling them. - 17 - Ord. No. 28-98 (3) However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission, which application shall be passed on by the Commission and a license tax paid. SECRETARIAL SERVICE SEED STOP. ES, wholesale and retail (See MERCHANTS) SHIP BROKERS SHOEMAKER AND REPAIRS SHOOTING GAT.T.RRY SIGN PAINTERS Commercial but not erecting SODA OR MINERAL WATER FOUNTAINS SOLICITOR (See PEDDLERS OF MERCHANDISE) SPORTING GOODS (See MERCHANTS) STAMP OR OLD COIN DE~T.~R STORAGE WAREHOUSE OR ROOM TAILORS TANNING SALON TATTOO SALON TAX AGENCY (See PROFESSIONAL) TAXIDERMIST, or agents for In addition to other license - 18 - Ord. No. 28-98 TAXIS First vehicle ~/~ 104.00 Each additional vehicle ~9/~ 52.00 TRL~GRAPH COMPANIES TRL~ING TR~PHONE ANSWERING SERVICE TELEPHONE SOLICITATION (See Sections 118.40 through 118.45) TELEPHONE SYSTEMS AND COMPANIES Intrastate business only TEMPORARY BUSINESS LICENSES (1) Business temporarily located inside enclosed shopping mall; 30 days only (no extensions) ~/~ 62.40 (2) Special events, no more than once annually (if under three days), as approved by Commission (each license, not otherwise enumerated herein) No fee (3) Special events, no more than once annually (in excess of three days), as approved by Commission (each license, not otherwise enumerated herein) ~/~ 62.40 TEMPORARY HOLIDAY/VENDORS ~/~ 62.40 TERMITE CONTROL COMPANIES THEATRICAL DIRECTORS Who charge for services in directing local talent plays or performances, each performance T~RATRICAL OR DRAMATIC GROUPS OR COMPANIES For profit, where performance is not given in local, licensed theater, each performance TOWR~., DIAPER, UNIFORM SUPPLY COMPANY TOWING SERVICE (See AUTOMOBILR) - 19 - Ord. No. 28-98 ST:% P TI~ILER PARK TRAILER, TRUCK RENTkL TRAVEL B~US TREE PRUNER (must have insurance) Motor driven, also doing freight transportation hauling or transfer business for profit, except where other 1 icenses are paid in conducting business, each. (Does not apply to trucks owned by the city, county or state) U-DRIVE-IT CARS (See AUTOMOBILF.) UNDERTJ~RS, EMRA.I~I~ ~ I~gNER3~ DIREC'TORS UNIFORM SUPPLY (See TOWEL, DIAPER, UNIFORM SUPPLY COMPANY) UPHOLSTERER VENDING MACHINES (See AUTOMATIC TRADE MACHINES) VENETIAN BLINDS Repair, installation and associated services VUIA/ANI ZING Each place of business WATCH REPAIR WATER, sold in bottles (See BOTTLING WORKS) WATER COMPANIES Persons operating same WATER SOFTENING SERVICE WEIGHT CLINIC - 20 - Ord. No. 28-98 WEIGHING MACHINES (See AUTOMATIC TRADE MACHINES) WHEELCHAIR RENTAL (See INVALID) WINDOW CLEANING WINDOW TINTING WOOD YARD WRECKER SERVICE (See AUTOMOBILR) Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3 That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That the occupational license tax increases enumerated in Section 1, above, shall become effective October 1, 1998. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 21 o Ord. No. 28-98