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08-06-96 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING AUGUST 6, 1996 - 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. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting August 6, 1996 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. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of July 23, 1996 6. Proclamations: A. Recognizing and commending Eric Feld, Houston Park and Frank Richter, Ocean Rescue Team members, for their performance at the Clin-Con 1996 International Basic Life Support Competition. 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/SEA AIRE ESTATES: Approve the final plat for Sea Aire Estates, a proposed seven lot single family subdivision, based on a finding that it is necessary and appropriate to create non-conforming lots due to the configuration of the property and the reduced density. The subject property is located on the east side of South Ocean Boulevard, approximately 200 feet north of Linton Boulevard. B. FINAL PLAT APPROVAL/DELRAY BEACH MEMORIAL GARDENS PLAT NO. 2: Approve the final plat for Delray Beach Memorial Gardens Plat No. 2 (Blocks 18-31, excluding Block 20, of the municipal cemetery). C. ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT FOR DELRAY OAKS: Approve Addendum II to the Conceptual Approval Agreement for Delray Oaks (Ecosite 67) located on the west side of Congress Avenue at S.W. 29th Street, extending the agreement to December 10, 1996. D. GRANT AWARD AGREEMENT AND GRANT AWARD CALCULATION FOR DELRAY OAKS: Approve the Grant Award Agreement and Grant Award 2 Regular Commission Meeting August 6, 1996 N. AWARD OF BIDS AND CONTRACTS: 1. Five year lease purchase from Midrange Support & Service, Inc. for City Hall AS/400 disk upgrade ($60,521.00) and Police Department AS/400 disk upgrade ($26,595.00), for a total cost of $87,116.00, with financing as follows: $31,750 down payment from 334-6112-519-64.11, and monthly payments in the amount of $1,421.96, over the 60 month lease period to be funded from debt service via transfer from departmental maintenance accounts. 2. Bid award to Florida Golf Renovation, Inc. for renovation of two fields at Miller park; Miller Field #5 and Little Fenway, in the amount of $11,635 from 001-4121-572-46.90. 3. Award multiple annual contracts for road construction materials, at an estimated annual cost of $81,361.25 from various Streets and Construction divisions. 4. Bid award to O'Connor & Taylor, Inc. for construction of the Ocean Rescue Headquarters located at Anchor Park, in the amount of $317,853 from 334-4170-572-63.44. 5. Bid award via Metro Dade contract to Lanzo Lining Systems, Inc. for sewer rehabilitation in various areas throughout the City, in the total amount of $200,000 from 442-5178- 536-61.84. 6. Purchase award through State Contract from Maroone Chevrolet for a '97 Chevy S-10 vehicle for Environmental Services, in the amount of $12,001 from 441-5142-536- 64.20. 9. Regular Agenda: A. CITY HALL ENVELOPE PROJECT: Consider ratification of the Site Plan Review and Appearance Board's action concerning the City Hall Envelope Project. B. INTERLOCAL AGREEMENT WITH SCHOOL BOARD/SEACREST PROPERTY: Reconsider the Interlocal Agreement with the School Board of Palm Beach County regarding the Seacrest property, and options presented by School Board staff. C. FY 1996/97 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed golf rates for FY 1996/97 for the Municipal Golf Course. D. FY 1996/97 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed golf rates for FY 1996/97 for the Lakeview Golf Course. E. SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT WITH BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC.: Consider approval of the solid waste and recycling collection franchise agreement -4- Regular Commission Meeting August 6, 1996 between the City and Browning-Ferris Industries for the period October 1, 1996 through September 30, 2001. F. AGREEMENT BETWEEN PALM ACTS AND CHARISMA ENTERTAINMENT GROUP: Consider approval of the agreement between Palm Acts, Inc. and Charisma Entertainment Group, Inc. G. REQUEST FOR EXTENSION OF CONDITIONAL USE AND SITE PLAN APPROVAL/KEYSTONE CREATIONS: Consider a request to extend the conditional use and site plan approval for Keystone Creations, located on the east side of N.W. 18th Street, north of Don Francisco's Way. QUASI-JUDICIAL PROCEEDING H. BID AWARD/MATRIX MEDICAL INC.: Consider approval of a bid award in the total amount of $12,022.50 to Matrix Medical, Inc., second low bidder, for seven oxygen powered automatic transport ventilators for the Fire Department, with funding for six units from 001-2315-526-64.90 and one unit from 001-2313- 522-64.90. I. BID AWARD/DAKOTA CONSTRUCTION, INC.: Consider approval of a bid award in the amount of $10,503.03 to Dakota Construction, Inc., second low bidder, for the repair of eight lifeguard towers at the municipal beach, with funding from 001-4123-572- 46.90. J. DIRECTION CONCERNING CITY LOGO: Provide direction as to which version should be the official City logo. K. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint four members to the Planning and Zoning Board for two year terms ending August 31, 1998. The appointments will be made by Commissioners Egan, Ellingsworth and Randolph, and Mayor Alperin. L. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint four members to the Site Plan Review and Appearance Board for two year terms ending August 31, 1998. The appointments will be made by Commissioner Randolph {layperson), Mayor Alperin (layperson), Commissioner Kiselewski (architect), and Commissioner Egan (landscape architect). M. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint four members to the Historic Preservation Board for two year terms ending August 31, 1998. The appointments will be made by Commissioners Kiselewski, Egan, Ellingsworth and Randolph. N. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three regular members to the Board of Adjustment for two year terms ending August 21, 1998. The appointments will be made by Mayor Alperin, Commissioner Kiselewski and Commissioner Egan. O. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint five members to the Board of Construction Appeals for two year terms ending August 31, 1998, as follows: General contractor -5- Regular Commission Meeting August 6, 1996 (Mayor Alperin), master electrician (Commissioner Kiselewski), air conditioning contractor (Commissioner Egan), real estate broker/insurance agent (Commissioner Ellingsworth), and engineer (Commissioner Randolph). 10. Public Hearings: A. ORDINANCE NO. 27-96:: An ordinance amending the City Code by repealing Section 102.40, "Newsracks", and enacting a new Section 102.40, "Movable Fixtures Within The Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks; and repealing LDR Section 6.3.3, "Movable Fixtures within the Right-of-Way". 1. MEMORANDUM OF UNDERSTANDING/ELIMINATION OF NEWSRACK LOCATIONS: Consider approval of the Memorandum of Understanding which provides for the elimination of newsracks at certain locations. 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. 29-96: An ordinance repealing Section 101.01, "Charges for Use of Tennis Center", of the City Code and enacting a new Section 101.01 to provide that the rates and charges for use of the tennis center shall be established by the City Commission on an annual basis. If passed, public hearing August 20, 1996.. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ FINAL PLAT APPROVAL/SEA AIRE ESTATES DATE: AUGUST 1, 1996 This is before the Commission to approve the final plat for Sea Aire Estates, a proposed seven lot single family residential development to be located on the east side of South Ocean Boulevard, approximately 200 feet north of Linton Boulevard. The subject property is zoned RM (Medium Density Residential) and contains 1.473 acres. Under the RM zoning, the property could be developed with up to 17 units. The proposed plat creates seven single family lots. Due to the long, narrow configuration of the site, all of the lots will be non-conforming in some respect with the minimum lot size requirements for the district. Pursuant to LDR Section 4.3.1 (D), lots must meet the minimum requirements unless the City Commission declares at the time of an associated development application that it is necessary and appropriate to create such a nonconformity. As justification, the applicant asserts tb~t the creation of these non-conforming lots in conjunction with the plat approval will result in a superior product (i. e. the construction of higher quality detached residences as opposed to a higher density project with less expensive units). Further, none of the requested adjustments apply to the outer perimeter of the property (side and rear setbacks). The Planning and Zoning Board considered the plat on May 20, 1996. There was no public comment and the Board voted 6 to 0 to recommend approval. The recommeo~lation is to make a finding that it is necessary and appropriate to create non-conforming lots with respect to lot width (Lots C, D and E), lot depth (Lots A, B, F and G), and lot area (Lots A, B, F and G) based upon the configuration of the property and the reduced density, add approve the final plat for Sea Aire Estates. ref: agmemo7 TO: DA.VID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIREC3:~R DEPARTMENT OF PLANNING AND ZONING PLANNER SUBJECT: MEETING OF AUGUST 6, 1996 SEA AIRE ESTATES FINAL PLAT ***CONSENT AGENDA*** The action requested of the City Commission is that of approval of the final plat for Sea Aire Estates, a proposed seven lot single family residential development. The subject property is located on the east side of S.Ocean Boulevard, approximately 200 feet north of Linton Boulevard, and consists of approximately 1.473 acres. This replat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. The subject property was annexed into the City in 1971 and is developed with a 15 unit motel known as Sea Aire by the Sea Motel, constructed in 1951. The property is zoned RM (Medium Density Residential) and could be developed with up to 17 units. The owners are choosing instead to subdivide the property for development as single family homes. The proposed plat creates seven single family residential lots. Due to the configuration (long and narrow), the lots will not meet minimum development standards. Lots C, D, and E will be non-conforming with respect to lot width. Lots A, B, F, and G will be non-conforming with respect to lot depth. Lots A, B, F, and G will be non- conforming with respect to lot area. Pursuant to LDR Section 4.3.1(D), lots shall meet the minimum requirements established unless the City Commission declares at the time of an associated development application that it is necessary and appropriate to create such a nonconformity. City Commission Documentation Sea Aire Estates Plat Page 2 The proposal is to plat the subject parcel into seven lots (see plat exhibit). The subject parcel is located in the RM (Medium Density Residential) zone district. Pursuant to LDR Section 4.3.4(K), the following are the minimum requirements as they relate to lot sizes and building setbacks for detached single family homes within the RM zone district (single family lots within the RM district are to be developed according to R-1-A zone district development standards): Lot Sizes - R-1-A Interior Lot Width60' Comer Lot Width 80' Lot Depth 100' Front Setback 25' Lot Size 7, 500 square feet The following table indicates the dimensions that are being proposed within the Sea Aire Estates Subdivision. . ,.~ =l=,~ -' C ~ 182.5' ~! 8,983+/- D 182.5' 7,500+/- E 182.5' 8,985+/- F 80.9' G 64' Shaded area indicates required measurement not met The applicant has requested a reduction in width from sixty feet (60') to fo~y-eight feet (48'), plus or minus, for Lots C, D, and E. A reduction in lot depth from one-hundred feet (100') to six~-~o feet (62'), plus or minus, has been requested for Lots A, B, F, and G. A reduction in lot area from 7,500 sq. ff. to va~ing sizes be~een 4,700-6,700 sq. ff., plus or minus, has also been requested for Lots A, B, F, and G. The applicant has requested an internal adjustment to reduce the front setback for all lots from the required 25' to 10'. A special setback of 20' will be maintained for the garage potion of the structures to assure adequate vehicular space. Side and rear setbacks will be maintained. Platting of the subject property creates 7 lots, and all proposed lots will be non- conforming with respect to one aspect or another. Pursuant to LDR Section 4.3.1(D), lots shall meet the minimum requirements established unless the City Commission City Commission Documentation Sea Aire Estates Plat Page 3 declares at the time of approval of an associated development application that it is necessary and appropriate to create such a nonconformity. The City Commission will need to make a finding that it is necessary and appropriate to create these non- conforming lots in conjunction with the approval of the plat. The applicant has provided justification for these requests via a narrative that states: The granting of these requests will result in a superior project than if the project were to comply with the letter of the applicable regulations. These requests, if granted, will allow construction of higher quality detached residences in lieu of a higher density project with less expensive units. None of the requested adjustments apply to the outer perimeter of the property. Granting the requested relief will not diminish the practica/ application of the affected regulation(s) requirement(s) but will enhance the product. The proposed project is intended to be of a higher quality and lower density than a townhouse or zero lot line project that is a/lowed under currently regulations. The scarcity of oceanfront land causes most single family homes to be unaffordable, even to people that are willing to spend $1,000,000 to $2,000,000 for a detached residence on the beach. Further, the higher density is less demanding on city services and safer in the event of a hurricane evacuation. The project has been designed to take advantage of the special contour of the property (slopes downward to the beach at the eastern portion of the land) to afford the maximum ocean views. Under the Purpose and Intent of the RM zone district, the RM District is to provide a residential zoning district with flexible densities having a base of six (6) units per acre and a range to twelve (12) units per acre. Further, the Medium Density Residential District provides for implementation of provisions of Goal Area "C" of the Comprehensive Plan and, more specifically, Objective C-2 which calls for accommodating a variety of housing types. Based on the above, the intent of the RM zone district has not been diminished as perimeter setbacks (side and rear) will be maintained, a superior development project will result with homes which can take advantage of the open space element on site and ocean views, has a lower density than what is permitted in the RM zone district (thus providing relief from a higher density development that could be constructed), and the project offers a different housing type from the condominiums to the north and south. A finding that it is appropriate to create substandard lots to assure a variety of housing types in this area could be made. The development of standard size lots and conventional sized homes provides a housing variety which is unique along the ocean which is dominated with higher density residential units or very large single family homes. Further, the requested lot size adjustments are necessary to provide this housing variety given the narrow width and general configuration of the property. City Commission Documentation Sea Aire Estates Plat Page 4 The Planning and Zoning Board considered this item at its meeting of May 20, 1996. There was no public comment regarding the application. The Board unanimously recommended approval on a 6-0 vote. A. Continue with direction. B. Make a finding that is necessary and appropriate to create non-conforming lots with respect to lot width (Lots C, D, and E), lot depth (Lots A, B, F, and G), and lot area (A, B, F, and G) based upon the configuration of the property and the reduced density, and approve the Sea Aire Estates plat. C. Deny the Sea Aire Estates plat based upon a determination that non-conforming lots would be created, and it has not been demonstrated that it is necessary and appropriate to accommodate the request. Make a finding that is necessary and appropriate to create non-conforming lots with respect to lot width (Lots C, D, and E), lot depth (Lots A, B, F, and G), and lot area (A, B, F, and G) based upon the configuration of the property and the reduced density; and approve the final plat for Sea Aire Estates. Attachments: · Location Map · Reduced Plat · Reduced Survey · Applicant's Letter of Justification · Planning and Zoning Board Staff Report LE~S COV~ ..~.- HARBOUR (~ BROOKS SIDE -- DOMAINE ~ DELRA Y ~'~ DR. HARBOURS EDGE BANYAN TREE ~. A TI_ANTIC DUNES VILLAGE n- RHODES-V~LLA AY. PARK I HARBOURS OEL-HAV~N EDGE LIN TO N BOULEVARD UC ~ ARy BI S~. S. OCEAN CONDO <~ DEL HARBO~JR OR. EVE S RE ' ' ,,,, O F-.- 0 PEN FHOUSE DELRA Y < CONDO ~ ~tGGER CONDO APF FOUNTAIN HOUSE F ,,, ~ ~TRIG~R ~ CONDO FOUNTAIN HOUSE S. DELRA Y BEACH CLUB AP T e~ENOER SmEET CONDO ~ SEA AIRE ESTATES PLANNING OEPAR f~,~EN T CITY OF DELRAY DEACH. FL -- DIC. ITAL ~SE M,4P SYSTEM -- ~ R[F; L~0~ RICHARD D. GERTZ, TRUSTEE 5231 N.E. 32nd Avenue Ft. Lauderdale, FL. 33308 April 2, 1996 Planning & Zoning Department City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL. 33444 RE: Sea Aire Estates - Application of Richard D. Gertz, as Trustee Gentlemen: This letter is submitted for consideration by the City Commission. Based on the matters described below, the approval of the City Commission is necessary and appropriate in order to upgrade the proposed project above minimum requirements. Accordingly, I request relief from the following three requirements of the Development Standards Matrix, as allowed under Paragraph 4.3.1 (D): (a) As to Lots C, D and E, I request reduction of width from sixty feet (60') to Forty-eight, plus/minus feet (48'+/-). (b) As to Lots A, B, F and G, I request reduction of Lot depth from One-hundred feet (100') to Sixty-two feet, plus/minus ( 62' +/-) . (c) As to Lots A, B, F and G, I request reduction of Lot area from 7,500 sq. feet to varying sizes between 4,700 +/- sq. feet to 6,700 +/- sq. feet. The granting of these requests will result in a superior project than if the project were to comply with the letter of the applicable regulations. These requests, if granted, will allow construction of higher quality detached residences in lieu of a higher density project with less expensive units. None of the requested adjustments apply to the outer perimeter of the property. Granting the requested relief will not diminish the practical application of the affected regulation(s) requirement(s) but will enhance the product. Planning & Zoning Department -2- April 1, 1996 The proposed project is intended to be of a higher quality and lower density than a townhouse or zero lot line project that is allowed under current regulations. The scarcity of oceanfront land causes most single family homes to be unaffordable, even to people that are willing to spend $1,000,000 to $2,000,000 for a detached residence on the beach. Further the higher density is less demanding on city services and safer in the event of a hurricane evacuation. The project has been designed to take advantage of the special contour of the property (slopes downward to the beach at the Eastern portion of the land) to afford the maximum ocean views. To summarize, in this location, the highest quality project is desirable and the granting of these requests is necessary and appropriate to allow a higher quality project. Very truly yours, RICHARD D. GERTZ, as Trustee Applicant RDG/mlw MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~Y~// SUBJECT: AGENDA ITEM # ~'~. - MEETING OF AUGUST 6, 1996 REMAINING PORTION OF FINAL PLAT FOR DELRAY BEACH MEMORIAL GARDENS BLOCKS 18-31 (EXCLUDING BLOCK 20) DATE: AUGUST 2, 1996 This is before the Commission to approve the remaining final plat for Blocks 18 through 31, excluding Block 20, at the municipal cemetery. The plat has been reviewed and approved by staff. Recommend approval of the remaining final plat for the Delray Beach Memorial Gardens. AGENDA REQUEST Date: July 31. 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: August 6, !996 Description of agenda item (who, what, where, how much): Request approval of remainin~ portion of final plat for Delray Beach Memorial Gardens~ Blocks 18 through 31~ excludinK Block 20. ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Staff recommends approval of the remaininK portion of final plat for Blocks 18 throuKh 31, excludinK Bock 20, for Delray Beach Memorial .. Gardens. . Department Head Signature: ~~~ Determination of Consistency with~mprehensive 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: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved TO: DAVID HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR · DEPARTMENT OF PLANNING AND ZONING FROM: JOHN WALKER, PROJECT COORDINAT,O~J SUBJECT: MEETING OF AUGUST 6, '1996 ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT FOR DELRAY OAKS ** CONSENT AGENDA ** The action requested of the City Commission is that of approval of Addendum II to the Conceptual Approval Agreement for Delray Oaks. Delray Oaks (Ecosite 67) is an environmentally sensitive parcel located on the west side of Congress Avenue at S.W. 29th Street. The property has been purchased by Palm Beach County. The site is the subject of a grant from Florida Communities Trust (FCT) to the City and County as joint applicants. A Conceptual Approval Agreement, setting the terms and conditions of funding, was approved by the City Commission on May 5, 1995. Addendum I, extending the agreement to June 10, 1996, was approved by the City Commission on January 9, 1996. This Addendum further extends the agreement to December 10, 1996. The extension is needed to allow additional time for the completion and review of the site management plan. All other conditions of the agreement remain unchanged. City Commission Documentation Addendum II to Conceptual Approval Agreement for Delray Oaks Page 2 By motion, approve Addendum II to the Conceptual Approval Agreement for Delray Oaks. Attachments: · Addendum II to the Conceptual Approval Agreement · Location Map · ConceptualApproval Agreement · Addendum I to the Conceptual Approval Agreement S:V~DV~CCOAKS3 CONTRACT #95-CT-79-94-4A-A1-005 FLORIDA COMMUNITIES TRUST P4A AWARD # 94-005-P4A ADDENDUM H TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM II to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nom-egulatory agency within the State of Florida Department of Community Affairs, PALM BEACH COUNTY and THE CITY OF DELRAY BEACH ("FCT Recipient"), this __ day of~., 1996. WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 award; WHEREAS, the initial term of the Conceptual Approval Agreement expired December 10, 1995; WHEREAS, the Conceptual Approval Agreement was mended by ADDENDUM I to expire June 10, 1996; WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 2 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)(k), F.A.C, has timely submitted to FCT a written request for extension of the June 10, 1996, deadline; WHEREAS, GENERAL CONDITIONS paragraph 10 of the Conceptual Approval Agreement states that the agreement may be amended at any time prior to FCT giving final project _ plan approval to the FCT Recipient. Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval Agreement as provided by Rule 9K-4.010(2)(k), F.A.C.; NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph 2. and paragraph 10., the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 2. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before June 10, 1996. ADDII\94-005-P4A 5-16~96 1 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby extended until December 10, 1996. 4. The date of execution of this addendum shall be the date that the last party signs this addendum. THIS ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM I, the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A", "B" and "C" embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT. AGREED AND ACCEPTED, this __ day of__., 1996 ATTEST: PALM BEACH COUNTY, FLORIDA Dorothy H. Wilken, Clerk BOARD OF COUNTY COMMISSIONERS BY: BY: Deputy Clerk Chair Date: Date: (SEAL) Accepted as to Form and Legal Sufficiency: BY: County Attorney Date: ADDII\94-005-P4A 5- 16-96 2 CITY OF DELRAY BEACH ATTEST: As to the City By: By: Title: Title: Date: Date: Accepted to Legal Form and Sufficiency: By: City Attorney Date: FLORIDA COMMUNITIES TRUST James F. Murley, Chair Date: Accepted as to Form and Legality: Date: ADDII\94-005-P4A 5-16-96 3 CANAL CAN. AL N. DELRAY OAKS PARCEL ~ (ECOSITE 67) O'IN'.OF 0EI..RAY 8~AO¢. FL,, TO: DAVID HARDEN, CITY MANAGER THRU: DIANE DOM1NGUEZ, :)IR~E DEPARTMENT OF PLAN'NING AND ZONING FROM: JOHN WALKER, PROJECT COORDINAT,O~ SUBJECT: MEETING OF AUGUST 6, '1996 GRANT AWARD AGREEMENT AND GRANT AWARD CALCULATION FOR DELRAY OAKS ** CONSENT AGENDA ** The action requested of the City Commission is that of approval of the Grant Award Agreement and Grant Award Calculation for Delray Oaks. Delray Oaks (Ecosite 67) is an environmentally sensitive parcel located on the west side of Congress Avenue at S.W. 29th Street. The property has been purchased by Palm Beach County. The site is the subject of a grant from Florida Communities Trust (FCT) to the City and County as joint applicants. A Conceptual Approval Agreement, setting the terms and conditions of funding, was approved by the City Commission on May 5, 1995. The Grant Award Agreement is the formal statement setting forth the covenants and restrictions imposed on the project site subsequent to its acquisition with grant funds. The agreement addresses the use, disposition, and management of the site as a preservation area. Also addressed are the requirements of the management plan, being developed by the County. These requirements are in line with the statements in the grant application for funding and with the Interlocal Agreement between the City and County regarding the acquisition and management of the site. City Commission Documentation Grant Award Agreement and Grant award Calculation for Delray Oaks Page 2 In conjunction with the Grant Award Agreement, the Grant Award Calculation, executed by the joint applicants, is required by the FCT to detail the final amount of the costs associated with acquisition of the site. The FCT will be reimbursing 50% of the acquisition costs to the County. By motion, approve the Grant Award Agreement and Grant Award Calculation for Delray Oaks. Attachments: · GrantAward Agreement · GrantAward Calculation S:~ADV~CCOAKS5 CITY I]F DELRIIY BEII[H CITY ATTORNEY'S OFFICE ~"~' ~"" ~ '""'~"~'~ ~ ~-"~¥ ~"' ~o~]~ ~ ~A (' ~ I ~'~ ~ I L L ~ (~:. :~ 7 ~.- ~ 755 Will's ~ L~e: (407) 243-709 l DELRAY BEACH AII.A~rica Ci~ MEMO~UM ~aa~ TO: Dasd H~den~y M~ager ~ROM: Brian Shutt, Assist~t Ci~ Atto~ey S~CT: Delray Oaks A~eements I have renewed the ~t Awed Agreement ~d ~t Awed Calculation Agreement ~d they ~e acceptable as to leg~ go~ ~d su~ciency. Please c~l igyou have ~y questions. Printed on Recyclect Paper This instrument prepared by: Ann J. Wild Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 CONTRACT # FLORIDA COMMUNITIES TRUST P4A AWARD# 94-005-P4A GRANT AWARD AGREEMENT THIS AGREEMENT is entered into this day of ., 1996, by and between the FLORIDA COMMUNITIES TRUST CFCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and the CITY OF DELRAY BEACH and PALM BEACH COUNTYCFCT Recipient"), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in Exhibit "A" attached hereto and made a part hereofCProject Site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions &Chapters 253,259, and 380, Florida Statutes. WHEREAS, Part 111 Chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans and in otherwise conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to - carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.101(3)(c), Florida Statutes, provides for the distribution often percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of \ Community Affairs to provide land acquisition grants and loans to local governments through the FCT; WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of Florida Department of Natural Resources Preservation 2000 Revenue Bonds ("Bonds"); WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income &Bondholders for federal income tax purposes; WHEREAS, Rule 9K-4.010(2)(e), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding in accordance with Rule GAA\94-005-P4A 6-18-96 1 Chapter 9K4, F.A.C.; WHEREAS, the FCT has approved the terms under which the Project Site was acquired and the FCT Redpient has acquired title to the Project Site and the Project Site shall be subject to such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Arti(~le XII of the State Constitution and such covenants and restrictions shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund upon the failure of the FCT Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded in the county in which the real property is located; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its acquisition with FCT Preservation 2000 Bond Proceeds. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and FCT Recipient do hereby contract and agree as follows: L GENERAL CONDITIONS. 1. Upon execution and delivery by the parties hereto, the FCT Recipient shall cause this Agreement to be recorded and filed in the offleial public records o[Palm Beach County, Florida, and in such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in'connection therewith. 2. The FCT Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax exempt status of the Preservation 2000 Revenue Bonds is not jeopardized, FCT and FCT Recipient shall amend the Agreement accordingly. 3. This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. 4. This Agreement and the covenants and restrictions contained herein shall run with the Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. GAA\94-005-P4A 6-18-96 2 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service,' or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 ATTN: Executive Director FCT Recipient: City of Delray Beach ATTN':. Palm Beach County ATTN: 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Il. PROJECT SITE REQUII~~S IMPOSED BY CltAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, FLORIDA STATUTES. 1. If any essential term or condition of this grant agreement is violated by the FCT Recipient or by some third party with the knowledge of the FCT Recipient and the FCT Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The FCT shall treat such property in aCcordance with Section 308.508(4)(e), Florida Statutes. 2. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the interest of the people of Florida. GAA\94-005-P4A 6-18-96 3 3. .The interest, if any, acquired by the FCT Recipient in the Project Site will not serve as security for any debt of the FCT Recipient unless FCT approves the transaction. 4. If the existence of the FCT Recipient terminates for any reason, title to all interest in the Project Site it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit orgavi?ation which agrees to accept title to all interest in and to manage the Project Site. 5. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereoq is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the Fur Redpient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the FCT Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT will have the fight to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. Ill. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT RECIPIENT. 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for resource-based public outdoor recreation - which is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT. 2. The FCT Recipient shall prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. 3. The FCT Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the FCT Recipient's comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient. 4. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and GAA\94-005-P4A 6-18-96 4 regulations, including zoning ordinances and the adoPted and approved comprehensive plan for the jurisdiction as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 5. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved project plan. 6. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. 7. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably with- held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. 8. If archaeological and historic sites are located on the Project Site, the FCT Recipient shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. · 9. The FCT Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a passive, natural resource-based public outdobr recreational site in all signs, literature and advertising regarding the Project Site. The FCT Recipient shall erect a sign(s) identif3dng the Project Site as being open to the public and as having been purchased with funds from FCT and FCT Recipient. IV. OBLIGATIONS INCURRED BY FCT RECIPIENT AS A RESULT OF BOND PROCEEDS BEING UTILIZED TO PURCHASE THE PROJECT SITE. 1. Ia'the Project Site is to remain subject, after its acquisition by the State and the FCT Recipient, to any of the below listed activities or interests, the FCT Recipient shall provide at least 60 days written notice of any such activity or interest to FCT prior to the activity taking place, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax con- sequences of such activity or interest: a. any lease of any interest in the Project Site to a non-governmental person or organization; GAA\94-005-P4A 6-18-96 5 b. the operation of any concession on the Project Site to a non-governmental persofl or organization; c. any sales contract or option to buy things attached to the Project Site to be severed fi.om the Project Site, with a non-governmental person or organization; d. any use of'the Project Site by non-governmental persons other than in such person's capacity as a member of'the general public; e. a management contract of'the Project Site with a non-governmental person or organization; and f. such other activity or interest as may be specified fi.om time to time in writing by FCT to the FCT Recipient. 2. FCT Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be permitted on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to a non-governmental person or organization; b. the operation of a concession on the Project Site by a non-governmental person or organization; c. a sale of things attached to the Project Site to be severed from the Project Site to a non-governmental person or organization;' d. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; e. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; f. a management contract of the Project Site with a non-governmental person or organization; and g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. DEI.VGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND OTI-~R GOVERNM2ENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGE1V[ENT OF THE PROJECT SITE WILL G3.3. \ 94- 005-1~43. 6-'18-96 6 IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBII.ITY TO ENS~ THAT THE CONDITIONS IMPOSED HEREIN ON THE PKOIECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. V. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED IN THE MANAGEMENT PLAN 1. The FCT Recipient shall provide outdoor recreational facilities including a nature trail, an interpretive kiosk and a parking area on the Project Site. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the significant natural resources on the Project Site without causing harm to those resources. 2. The timing and extent of a vegetative survey of vegetative communities and plant species on the Project Site shall be specified in the management plan. The FCT Recipient shall detail how the survey shall be used during development of the site to insure the protection, restoration, and preservation of the natural resources on the Project Site. 3. The xeric oak and cabbage palm hammock, mesic flatwoods and wetland communities that exist on the Project Site shall be appropriately managed to ensure the long-term viability of these vegetative communities. 4. The Project Site shall be managed in a manner that optimizes habitat conditions for listed wildlife species that utilize or could potentially utilize the Project Site, including the gopher tortoise and colonial and migratory bird species. The FCT Recipient shall coordinate with the Game and Fresh Water Fish Commission and the Nature Conservancy on the management of the Project Site for the protection of listed species and listed species habitat. The FCT Recipient shall also conduct periodic surveys of listed species using the Project Site and develop informational signs relating to the protection of listed animal species and their habitat. 5. The FCT Recipient shall remove approximately 3.4 acres of exotic vegetation fi-om the Project Site and manage this area to allow for natural succession by native vegetative species. 6. A vegetation analysis of the Project Site shall be performed to determine which areas of the Project Site need a prescribed burning regime implemented to maintain natural fire-dependent vegetative communities. The FCT Recipient shall coordinate with Division of Forestry and Game and Fresh Water Fish Commission on the development of a prescribed burn plan for the Project Site. 7. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources, in order to prevent the disturbance of significant sites. GAA\94-005-P4A 6-18-96 7 8. The FCT Recipient shall ensure that the Project Site and listed animal species and their habitat are sufficiently buffered from the adverse impacts of adjacent land dses. 9. The FCT Recipient shall coordinate with Atlantic Community High School to develop and implement environmental education and scientific research programs related to the natural resources on the Project Site. 10. Access to the Project Site by pedestrians and bicyclists shall be promoted as an alternative to automobile access. 11. The FCT Recipient shall remove and restrict all feral and domestic animals from the Project Site. 12. The FCT Recipient shall remove all trash and debris from the Project Site. 13. The requirements imposed by other grant program funds that may be sought by the FCT Recipient for activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. THIS GRANT AWARD AGREEMENT embodies the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. AGREED AND ACCEPTED, this day of ,1996 ATTEST: PALM BEACH COUNTY, FLORIDA Dorothy H. Wilken, Clerk BOARD OF COUNTY COMMISSIONERS BY: BY: Deputy Clerk Chair Date: Date: (SEAL) Accepted as to Form and Legal Sufficiency: BY: County Attorney Date: GAA\94-005-P4A 6-18-96 8 CITY OF DELRAY BEACH ATTEST: As to the City By: By: Title: Title: Date: Date: Accepted to Legal Form and Sufficiency: By:. City Attorney Date: Witness: FLORIDA COMMUNITIE. S TKUST Witness Name: James F. Mufley, Chair Date: Witness Name: Accepted as to Legal Form and Sufficiency Ann J. Wild, Trust Counsel Date: GAA\94-005-P4A 6-18-96 9 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ~ day of 199 , by , as He is personally known to me, or has produced as identification. Notary Public Print Name: Commission No. My Commission Expires: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ~ day of , 199 , by , as He is personally known to me, or has produced as identification. Notary Public Print Name: Commission No. My Commission Expires: STATE OF FLORIDA \- COUNTY OF LEON The foregoing instrument was acknowledged before me this ~ day of , 199__, by,IA/VIES F. MURLEY, as Chair of the Florida Communities Trust. He is personally known to me. Notax3, Public Print Name: Commission No: My Commission Expires: GAA\94-005-P4A 6-18-96 10 EXHIBIT "A" A parcel of land lying in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Be~nning at the Southwest comer of SABLE PINES SOUTH PHASE II, as recorded in Plat Book 39, Page 189 of the Public Records of Palm Beach County, i:lorida; thence N. 89 degrees 12 minutes 30 seconds E. along the South line of said Plat, a distance of 425.76 feet; thence S. 00 degrees 47 minutes 30 seconds E. a distance of 484.17 feet to a point of intersection with the North line of the 80.00 foot wide fight-of-way for S.W. 22nd Avenue as shown on the plat DELRAY OAKS, as recorded in Plat Book 33, page 190 of the Public Records of Palm Beach County, Florida; thence Westerly and Northerly along said right-of-way along the arc of a curve to the right whose radius point bears N. 21 degrees 44 minutes 43 seconds E., having a radius of 660.00 feet, a central angle of 39 degrees 58 minutes 32 seconds an arc distance of 460.48 feet to a point of tangency; 'thence N. 28 degrees 16 minutes 45 seconds W. along the Easterly right-of-way line of said S.W. 22nd Avenue a distance of 202.00 feet to the POINT OF BEGINNING. Said parcel may also be described as "pARcEL 'A"' of ALFIERI PUGLIESE PARK. OF COMMERCE according to the plat thereof recorded in Plat Book 54 on page 29 of the Public Records of Palm Beach County, Florida. - EZIIiBIT "A" fENfINUED A p~rc,1 ~f land in ~lon. 3~, T~hip. 4~ Souhh, P~ng~ 4] ~t, 89'55'53" W 700.10 f~% alou~ th~ ~o~t~ llne o~ ~aid ~btion.~ to a righh-o~-w=t, iin~.to .a.~nb~' thence run B B9'12'30' W 51~.01 thenc~ run ~ 00'18'55' E 1~34~04 f~ along' sal~ line of Congre~ Agenue ~ ~ ~ln% 6f in%ersec~on-with the.~rth right--f-way' lin'e of ~e- 80.00 foot wt~ righ~-o~-way of S.W. 29%h S~ree~';' ~he~c~ r~ S 89'41'15' W 530.90 f~e%'alcn9 said ~rth alon~ sal~ ~rth ~hS-of-way.i~ne '~ing a curve concave to th~ .~r~heas~, havtn~ a radius of 66~00 f~e%, a c~ntral an;lo of ~'02'00", '~0~ ~ arc' ~is~nce o~ 714.54 tangency; 'tHene~ ~u~ ~' 28'1~'45~ W · 202.01 fee% .aloug said G9'12'3~" ~ 5E9.53 fee% t~ the ~in~ of-h~i~nl~g~ec~.to caslon% betng'de~cribe~ an~ cooke[ne,3 iH Official-Record ~cok 177~, page 444, Palm ~each CouDtW Records. .. LESS THE FOLLOWING DESCRIBED PROPERTY: A parcel cf' land lying' in Section 3O, To?ns~tp 46'South, Range 43 East, Palm Reach County, Florida, more particularly described as follows: BEGINNING a5 the Southwest corner cf SABAL PINES SOUTH P}%ASE II, as recorded in Plak Book 39, Pace 1S9 cf the P~Iic Kecord~ of Palm Beach County, Florida; thence N. S9 de,teen 12 minu~e~ 30 sect,%ds E. along the South line cf said Pia~, a distance cf 425.76 feet; thence S. 00 degr~ 47 minutes 30 seconds E. a dis~ance 484.17 fseb to a ~tnt of in~ers~,ctien wiEh the North line of the S0.00 foot wide right-of-way for S.W. 22nd Avenue as sheen on the plat D~%Y ~iat Sock 33, page 190 of the Fublic Records of Falm ~each County, Florida; thence ~'esterly and Northerly along said right-of-way along ~he arc of a cu~'e the rtgh~ whose radius point ~ars N. 21 degrees mtnu~es 43 seconds E., having a radius of 660.00 feet, a central angle of 39 degrees 5S minutes 32 seconds an arc.distance of 460.48 feet ~o a point of tangency~ thence N. 2~ degrees 16 minu~as 45 second= ~{. along the Easkerly right-of-way line a distanc~ of 202.00 fee~ to the POINT OF ~EGINN~NG. Said FarchI may also hq described as "FARCEL '^'" of PUGLIESE PARK OF COM~tERCE according to the plat thsreof corded in Fin'. Sock 54 o~ page 29 of th, Public K~curds of Palm ~each County, Florida. CITY OF DELRAY BEACH and PALM BEACH COUNTY Delray Oaks Natural Area FCT Project #94-005-P4A FCT Contract # Date: GRANT AWARD CALCULATION TOTAL PROJECT COSTS Land Purchase Price A & A Associates $2,800,000.00(1) Land Resources 387,000.00(1) Total Land Purchase Price $3,187,000.00 Acquisition Expenses Appraisals $ 3,900.00 Appraisal Keview 951.38 Title Search 590.00 Negotiating Fees 31,000.00 Survey 5,146.00 Total Acquisition Expenses $ 41,587.38 (2) Total Project Costs ~ - COMPUTATION OF GRANT AWARD AND LOCAL MATCH AMOUNT FCT Award Computation Share of Purchase Price $1,593,500.00 Share of Acquisition Expenses 20,793.69 Total Share &Project Costs $1,614,293.69 (3) City and County Share of Purchase Price $1,593,500.00 Share of Acquisition Expenses 20.793.69 Total Share of Project Costs $1,614,293.6...9. Total Project Costs ~ CITY OF DELRAY BEACH and PALM BEACH COUNTY Delray Oaks Natural Area FCT Project #94-005-P4A FCT Contract # Date: Page Two COMPUTATION OF PREPAH)S, REIMBURSEMENTS AND ADDITIONAL COSTS FLORIDA COMMUNITIES TRUST FCT Prepaid Project Costs Appraisal Review $ 951.38 Total Prepaid Costs $ 951.38 FCT Amount Due Share of Total Project Costs $1,614,293.69 Less Total Prepaid Costs 951.38 Total Amount Due from FCT $1.613.342. CITY and COUNTY County Prepaid Project Costs Land Purchase Price $3,187,000.00 Appraisals 3,900.00 Negotiating Fees 31,000.00 _ Title Search 590.00 Survey 5,146.00 Total Prepaid Costs $3,227,636.00 County Amount Due County Share of Land Purchase Price $1,593,500.00 Plus County Share of Acquisition Expenses 20,793.69 Less County Prepaids 3,227,636.00 Total Amount Due To County $1.613.342.3~1 County Additional Costs Record Grant Award Agreement $ 69.00 (4) Total Additional Costs $ 69.00 CITY OF DELRAY BEACH and PALM BEACH COUNTY Delray Oaks Natural Area FCT Project #94-005-P4A FCT Contract # Date: Page Three Notes: (1) Maximum approved purchase price of the A & A Associates parcel is $3,032,000 and the maximum approved purchase price of the Land Resources Investment Company parcel is $423,000 pursuant tO. memorandum dated March 1, 1996, from Stephen Boyle to Anne Peery. (2) Pursuant to the terms of the option agreements, the sellers paid the costs of the title insurance commitments and the environmental site assessments. (3) Pursuant to the terms of the Conceptual Approval Agreement, the amount of the grant shall be the lesser of $1,781,650.00 or 50% of the total project costs. (4) Disbursed to Clerk of the Court, Palm Beach County, at time of reimbursement from FCT. The foregoing calculation of grant award and total project costs is hereby approved by the undersigned. CITY of DELKAY BEACH, a FLOKIDA COMMUNITIES TKUST municipality within the State of Florida By: Its: James F. Murley, Chair Date: Date: Approved as to form and legality Approved as to form and legality Date:. Date: PALM BEACH COUNTY By: Its: Date: Approved as to form and legality Date: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~' ~7~ / SUBJECT: AGENDA ITEM #' F.[E.'~ - MEETING OF AUGUST 6, 1996 AUTHORIZATION TO PROCEED/MONITORING STUDY OF THE BEACH NOURISHMENT PROJECT DATE: AUGUST 2, 1996 This is before the Commission to authorize Coastal Planning & Engineering, Inc. to proceed with the four-year environmental monitoring of the Beach Nourishment project. Annual monitoring surveys of the project are required by the City's permits from the Florida Department of Environmental Protection. Funding, not to exceed $31,069, is available from the Beach Restoration Fund. The entire cost will be reimbursed from Federal, state and County appropriations. Recommend authorization of Coastal Planning & Engineering, Inc. to proceed with the Monitoring Study for the Beach Nourishment Project. TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIREC'~OR'~ DEPARTMENT OF PLANNING AlqD ZONING FROM: JOHN WALKER, PROJECT COORDINATO~-'~'- SUBJECT: MEETING OF AUGUST 6, '1996 ** CONSENT AGENDA** AUTHORIZATION TO PROCEED - FOUR YEAR POST CONSTRUCTION ENVIRONMENTAL MONITORING OF THE BEACH NOURISHMENT PROJECT The action requested of the City Commission is that of approval of an authorization to proceed with the four year environmental monitoring of the beach nourishment project. Environmental monitoring of the beach nourishment project is required by our permit from the Florida Department of Environmental Protection to assess the performance of the project. The monitoring included in this task will complete the environmental monitoring requirements for the 1992 nourishment project. Work in this task includes reef monitoring, and infauna, grain size and organic content of the borrow areas and fill area. This item is covered in our contract with Coastal Planning & Engineering, Inc. Funds are available in the Beach Restoration Fund. The entire cost will be reimbursed from Federal, State and County appropriations. City Commission Documentation Authorization to Proceed with the Four Year Environmental Monitoring of the Beach Nourishment Project Page 2 By motion, authorize and direct the City Manager to authorize Coastal Planning & Engineering, Inc. to proceed with the Four Year Environmental Monitoring of the Beach Nourishment Project at a cost not to exceed $31,069 as requested in their attached correspondence. Attachment: * Letter from CPE s:\adv\beach\environ3 COASTAL & OCEAN ENGINEERING COASTAL SURVEYS COASTAL PLANIXIING & EIXIGINEERING, INC. BOCA RATON: 2481 N.W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431 [407) 381-8102 TELEFAX: [407)381-81 JACKSONVILLE: P.O. BOX 892. ORANGE PARK. FL 32067 [904)264-5039 TELEFAX: (904)264-5039 TOMS RIVER: 250 WASHINGTON STREET. SUITE B. TOMS RIVER, NJ 08753 [908) 244-3366 TELEFAX:(908)244-3664 Mr. John Walker Project Coordinator :.:.¥~" 115 1996 City of Delray Beach 100 NW 1st Avenue PLANNING & ZONING Delray Beach, FL 33444 RE: Proposal for 4th Year Post-Construction Environmental Monitoring of the Beach Renourishment Project for Delray Beach, as Required by the Department of Environmental Regulation Permit Dear John: This is a proposal to provide 4th year post-construction environmental monitoring services for the 1992 beach renourishment project. The environmental monitoring is required to satisfy Department of Environmental Regulation (DER) permit requirements for environmental monitoring related to the 1992 beach restoration activities. The monitoring included in this project will complete the environmental monitoring requirements detailed in the DER permit. Beach Nourishment Project 4 Year Post-Construction Environmental Monitoring Fiscal Year 1995/1996 Reef Monitoring Procedures Biologists will examine each of the previously established environmental monitoring stations to document the invertebrate assemblage composition and condition of the organisms. Monitoring will include documentary photography, as well as inspection of the organisms within the station. Photographs of individual macro-invertebrates, as well as photomosaics of each station, will be obtained during the monitoring cycle. This will provide documentation of the presence and relative well-being of organisms within the station. Monitoring of the reef stations will occur in September 1996. A report will be prepared which analyzes the results of the 4th year post- construction reef monitorings and which compares the results of the 4th year post construction monitoring cycle with the previous monitorings. The fee to provide the 4 year post-construction phase reef station monitoring is $11,601. Infauna/Grain Size/Organic Content Samples - Borrow Area Sediment samples will be obtained from the borrow area in September 1996 (4 years after project construction) to identify the infaunal community associated with the sandy area. Based May 10, 1996 Mr. John Walker Page 2 upon the DER permit requirements, 5 borrow area infauna stations delineated by DER shall be sampled with 3 replicates taken at each station for a total of 15 samples. Samples will be obtained using a diver-operated sampler and preserved in a 5% bufferred formalin solution. After collection, and after sieving through a 0.5 mm sieve, the samples shall be transferred to an alcohol preserving medium. Analysis will include numbers of individuals from each taxon, identification to species level wherever possible, and total number of individuals per sample. Two additional sediment samples will be collected from each of the infaunal sampling stations (borrow and fill areas) at the same time as the infauna sediment samples are collected. One sample from each station will be mechanically sieved and grain size distribution analyses shall be performed. The other sample will be analyzed for organic content. A report which analyzes the results of the 4 year post-construction monitorings will be prepared. Results of the current monitoring will be compared to the previous samplings. The fee to collect and analyze the 15 borrow area infauna, 5 grain size and 5 organic content samples is $9,368. Infauna/Grain Size/Organic Content Samples - Fill Area Irffaunal samples will be obtained from the project fill area at DNR Monuments R-181, R-183, R-185 and R-187 as well as from two control areas approximately 1 mile north and 1 mile south of the fill area. Samples will be collected in November 1996. Based on the DER permit requirements, 8 fill and control area infauna stations shall be sampled with 3 replicates taken at each station for a total of 24 samples. Samples will be obtained, preserved and analyzed in the same manner as the borrow area samples. Two additional sediment samples will be collected from each of the infaunal sampling stations (borrow and fill areas) at the same time as the infauna sediment samples are collected. One sample from each station will be mechanically sieved and grain size distribution analyses shall be performed. The other sample will be analyzed for organic content. A report which analyzes the results of the 4 year post-construction monitorings will be prepared. Results of the current monitoring will be compared to the previous samplings. The fee to collect and analyze the 24 fill and control area infauna, 8 grain size and 8 organic content samples is $10,100. The total fee for the 4 year post-construction environmental monitoring services is $31,069. The costs presented in this proposal are summarized in the following table. COASTAL PLANNING & ENGINEERING, INC. May 10, 1996 Mr. John Walker Page 3 BEACH NOURISHMENT PROJECT 4 YEAR POST-CONSTRUCTION ENVIRONMENTAL MONITORING PROPOSAL SUMMARY Reef Monitoring $11,601. Infauna/Grain Size/Organic Content Sampling - Borrow Area $9,368. /nfauna/Grain Size/Organic Content Sampling - Fill Area $10,100. TOTAL $31,069. If you should have any questions regarding this proposal, please call me. Very truly yours, COASTAL PLANNING & ENGINEERING, INC. l~im E. Beachler, P.E. Vice President KEB/ys cc: Tom Campbell Rick Spadoni Craig Kruempel Sandy Mann Liz McCarthy DB05:WALKER.PROP COASTAL PLANNING & ENGINEERING, INC. DEPARTMENT OF PLANNING AND ZONING FROM: JOHN WALKER, PROJECT COORDINATOR/ SUBJECT: MEETING OF AUGUST 6, 1996 ** CONSENT AGENDA** TEMPORARY USE AGREEMENTS FOR PARKING AT THE MUNICIPAL TENNIS STADIUM The action requested of the City Commission is that of approval of temporary use agreements with Cason United Methodist Church and Greater Mount Olive Missionary Baptist Church for parking needed in conjunction with events at the Municipal Tennis Stadium. The parking program for larger events at the Tennis Stadium identifies the potential need for additional parking areas. The two churches above have agreed to allow their lots to be used, subject to availability. Such use requires the execution of temporary use agreements with the churches. Similar agreements were executed in 1994 and 1995 for specific events. These agreements are for a longer term (two years, extendible for an additional year) and not tied to a specific event. This allows individual use times to be handled administratively by both parties, as the need arises. By motion, authorize execution of temporary use agreements with Cason United Methodist Church and Greater Mount Olive Missionary Baptist Church for parking needed in conjunction with events at the Municipal Tennis Stadium. The agreements have been reviewed and approved by the City Attorney. Attachments: * Temporary use agreements S:\adv\Tennisl 1 TEMPORARY USE AGREEMENT THIS AGREEMENT, made and entered into this ~ day of , 1996, by and between CASON UNITED METHODIST CHURCH, hereinafter referred to as "Owner" and the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owner is the owner of certain real property in Palm Beach County, Delray Beach, Florida which is located at 342 North Swinton Avenue; and WHEREAS, City has requested the temporary use of the parking lot areas located on the property in conjunction with its hosting of events at the municipal tennis center; and WHEREAS, Owner is willing to allow City to use said parking lot areas for the purpose hereinafter defined. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt and sufficiency of which is hereby acknowledged, Owner hereby grants to City and City hereby accepts the use of the premises hereinafter defined upon the following terms and conditions. ARTICLE I BASIC PROVISIONS Section 1.01 Premises. The premises subject to this Agreement consists of the property, located at 342 North Swinton Avenue, Delray Beach, Florida. -1- Section 1.02 Len~h of Term and Commencement Date. The term of this agreement shall be for a period of two (2) years which shall commence on the date written above (the "Commencement Date") and shall expire two years after the date written above. The term can be automatically extended for an additional year upon the City providing sixty (60) days written notice to Owner. Section 1.03 Rent. The use of the premises by City shall be on a rent free basis. ARTICLE II CONSTRUCTION OF PREMISES Section 2.01 Acceptance of Premises. City certifies that it has inspected the premises and accepts same "as is", in its existing condition of the Commencement Date of this Agreement. Section 2.02 Alterations. City shall not make or permit any permanent improvements, additions, modifications or alterations whatsoever to the premises. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY Section 3.01 Use of Premises and Hours of Operation. A. City shall use the premises solely and exclusively for vehicle parking in conjunction with events occurring at the Delray Beach Municipal Tennis Center. The parking spaces located on Owner's property shall be reserved for use only by patrons of the event. All parking spaces shall be vacated by 12:00 a.m. on the date of an event. -2- B. The City shall provide Owner forty-five (45) days written notice of its intent to use the parking spaces for an event. Owner shall inform the City no later than ten (10) days after receiving written notice of the event whether the parking spaces will be available for the event. C. The City agrees to not use the parking spaces on Sundays before 12:45 p.m. Section 3.02 Surrender of Premises. Upon termination or expiration of this Agreement, City, at its sole cost and expense, shall remove all of its personal property from the Premises and shall surrender the Premises to Owner in the same condition the Premises were in as of the Commencement Date of this Agreement, reasonable wear and tear accepted. Section 3.03 Funerals. If Owner conducts a funeral service during the term of this Agreement, the spaces shall not be available for parking use on the day of the service. Owner shall give the City at least a two day notice of the conflict so it can make other arrangements for parking. ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES Section 4.01 Responsibility. of City. All portions of the Premises shall be kept in good repair and conditioned by City. At the end of the Term of this Agreement, City shall deliver the premises to Owner in good repair and condition as specified herein. Section 4.02 Indemnification. City does hereby release and agree to indemnify, defend and save harmless Owner from and against all claims, actions, causes of action, demand, judgments, costs, expenses, -3- and all damages of every kind in nature incurred by or on behalf of any corporation or person whatsoever predicated upon injury or death of any person or loss over damaged property of whatever ownership arising out of or connected with City's operation pursuant to the terms of this agreement. ARTICLE V MISCELLANEOUS Section 5.01 Entire A~eement. This Agreement and any Exhibits attached hereto and forming a part thereof as fully set herein, constitute all agreements, conditions, and understandings between Owner and City concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon Owner or City unless reduced to writing and signed by them. Section 5.02 Notices. Any consents, approvals and permissions by Owner shall be effective and valid only if writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested, addressed: (a) If to Owner at: Dr. Warren Langer, Jr. Cason United Methodist Church 342 North Swinton Avenue Delray Beach, FL 33444 (b) If to City at: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 -4- Section 5.03 Waiver of Jury Trial. The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by either of the parties hereto against the other in connection with this Agreement. Section 5.04 Governing Law. This Agreement shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County, Florida. Section 5.05 Time of Essence. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. Section 5.06 Severability. If any term of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Agreement, shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. WITNESS: ~ (type or print name) (type or prat name) -5- State of Florida County of Palm Beach The foregoing i.ns~_ment was acknowledged before me this (d'~'~ day of % , 1996 by .~:~~t ~ ~~ who is personally known to me or who has produced - (type of identification) as identification and who did (,did not) take an oath. 1~%?:~;'' ~= n~v~u~ u..~ Sign'atr~ of Notary Public -xState .............. of Florida ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to Form and Legal Sufficiency: City Attorney cason.agt -6- TEMPORARY USE AGREEMENT THIS AGREEMENT, made and entered into this ~ day of , 1995, by and between GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, hereinafter referred to as "Owner" and the CITY OF DELRAY BEA'CH, FLORIDA, hereinafter referred to as "City". WITNESSETH: WHEREAS, Owner is the owner of certain real property in Palm Beach County, Florida, as said property (the "Property") is legally described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, City has requested the temporary use of the parking lot areas located on the property in conjunction with its hosting of events at the municipal tennis center; and WHEREAS, Owner is willing to allow City to use said parking lot areas for the purpose hereinafter defined. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00)'and other good and valuable considerations, receipt and sufficiency of which is hereby acknowledged, Owner hereby grants to City and City hereby accepts the use of the premises hereinafter defined upon the following terms and conditions: ARTICLE I BASIC PROVISIONS Section 1.01 Premises. The premises subject to this Agreement consists of the property, located at 40 N.W. 4th Avenue, Delray Beach, Florida. Section 1.02 Length of Term and Commencement Date. The term of this agreement shall be for a period of two (2) years which shall commence on the date written above (the "Commencement Date") and shall expire two years after the date written above. The term can be automatically extended for an additional year upon the City providing sixty (60) days written notice to Owner. Section 1.03 Rent. The use of the premises by City shall be on a rent free basis. ARTICLE II CONSTRUCTION OF PREMISES Section 2.01 Acceptance Of Premises. City certifies that it has inspected the premises and accepts same "as is", in its existing condition of the Commencement Date of this Agreement. Section 2.02 Alterations. City shall not make or permit any permanent improvements, additions, modifications or alterations whatsoever to the premises. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY Section 3.01 Use of Premises and Hours of Operation. A. City shall use the premises solely and exclusively for vehicle parking in conjunction with events occurring at the Delray Beach Municipal Tennis Center. The parking spaces located on Owner's property shall be reserved for use only by patrons of the event. All parking spaces shall be vacated by 12:00 a.m. on the date of an event. Additionally, the City agrees to not use the parking spaces on Sundays. B. The City shall provide Owner forty-five (45) days written notice of its intent to use the parking spaces for an event. Owner shall inform the City no later than ten (10) days after receiving written notice of the event whether the parking spaces will be available for the event. Section 3.02 Surrender of Premises. Upon termination or expiration of this Agreement, City, at its sole cost and expense, shall remove all of its personal property from the Premises and shall surrender the Premises to Owner in the same condition the Premises were in as of the Commencement Date of this Agreement, reasonable wear and tear accepted. -2- Section 3.03 Funerals. If Owner conducts a funeral service during the term of this Agreement, the spaces shall not be available for parking use on the day of the service, oWner shall give the City at least two days notice by telephone to the City Manager of a conflict in order to allow the City to make other arrangements for parking. Section 3.04 Other Use of Premises. If Owner enters into another off-site agreement with another party, the available spaces will be reduced by the amount contained in the agreement. ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES Section 4.01 Responsibility of City. All portions of the Premises shall be kept in good repair and conditioned by City. At the end of the Term of this Agreement, City shall deliver the premises to Owner in good repair and condition as specified herein. Section 4.02 Indemnification. City does hereby release and agree to indemnify, defend and save harmless Owner from and against all claims, actions, causes of action, demand, judgments, costs, expenses, and all damages of every kind in nature incurred by or on behalf of any corporation or person whatsoever predicated upon injury or death of any person or loss over damaged property of whatever ownership arising out of or connected with City's operation pursuant to the terms of this agreement. ARTICLE V MISCELLANEOUS Section 5.01 Entire Agreement. This Agreement and any Exhibits attached hereto and forming a part thereof as fully set herein, constitute all agreements, conditions, and understandings between Owner and City concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, -3- waiver, change or addition to this Agreement shall be binding upon Owner or City unless reduced to writing and signed by them. Section 5.02 Notices. Any consents, approvals and permissions by Owner shall be effective and valid only if writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail remm receipt requested, addressed: (a) If to Owner at: Deacon Charles Broadnax Greater Mount Olive Missionary Baptist Church 40 N.W. 4th Avenue Delray Beach, Florida 33444 (b) If to City at: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Section 5.03 Waiver of Jury Trial. The parties hereto walx~e trial by jury in connection with proceedings or counterclaims brought by either of the parties hereto against the other in connection with this Agreement. Section 5.04 Governin~ Law. This Agreement shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County, Florida. Section 5.05 Time of Essence. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. Section 5.06 Severabili _ty. If any term of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or -4- unenforceable, shall not be affected thereby, and each term of this Agreement, shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. (type or print name) (type or print name) State of Florida County of Palm Beach The foregoing instmmem was acknowledged before me this day of , 1995 by , who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public - State of Florida ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to Form and Legal Sufficiency: City Attorney olive.agt -5- EXHIBIT "A" Greater Mount Olive Missionary. Baptist Church Lots 2,3,7,8,10,11, and 12, Block 28, Town of Linton, according to the plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with lots 16-21 inclusive, Revised Plat of Block 36, Town of Linton, according to the plat thereof, recorded in Plat Book 5, Page 38 of the Public Records of Palm Beach County, Florida. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ / AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. D~LRY DATE: JULY 31, 1996 This is before the Commission to approve the Agreement for Lobbying Services for FY 1997 (October 1, 1996 - September 30, 1997) with Katb_leen E. Daley & Associates, Inc., in the amount of $48,000.00. Funding will be from the FY '97 budget in account number 001-1111-511-34.90. There is no change in the proposed agreement from last fiscal year. The monthly fee of $4,000 remains the same as it has been the last three fiscal years. The City Attorney's office has reviewed and approved the agreement as to form aDxt legal sufficiency. Recommend approval of the Agreement for Lobbying Services with Kathleen E. Daley & Associates, Inc., in the amount of $48,000 with funding to come from FY 1997 budget account #001-1111-511-34.90. ref: agmemo4 Kathleen E. Daley & Associates, Inc. GOVERNMENTAl_ AFFAIRS AGREEMENT FOR LOBBYING SERVICES As Governmental Affairs Consultant/Lobbyist for the City of Delray Beach, I, Kathleen Daley, an equal partner of Kathleen Daley & Associates, Inc., a public relations/political consulting/governmental affairs firm, will continue to represent the interest of the City before the Governor and Cabinet, State agencies, and the Florida Legislature, which representation would include attendance at all necessary House and Senate committee meetings during each calendar year, necessary delegation meetings, as well as the regular session and any relevant special sessions of the Florida Legislature, and continue to monitor all legislation affecting municipalities on behalf of the City of Delray Beach. As Governmental Affairs Consultant/Lobbyist for the City of Delray Beach, and managing partner of the account, working in conjunction with the Delray Beach City Council, the Delray Beach City manager, and other such staff persons within the City Administration as they are related to my duties on behalf of the City. I will make myself available to the above-mentioned persons and offices on both regular and "as needed" bases for the meetings and discussions related to my duties on behalf of the City. One Capitol Place · 108 East Jefferson Street, Suite C · Tailahassee, FL 32301 (904) 222-0000 · Fax: (904) 222-0095 It is submitted that my services would be initially contracted for a period of one (1) year from October 1, 1996 to October 1, 1997, to be reviewed for renewal by the Commission at the end of said period. Kathleen Daley & Associates, Inc. is willing to undertake the foregoing representation on the following basis: 1. Kathleen Daley & Associates, Inc. will be paid a retainer in the total amount of $48,000.00 for the contracted period due in twelve (12) equal monthly installments payable by the 30th of each month beginning in October of 1996. 2. Any additional "special project" work which may be requested at any time by the City Commission or the Office of the City Manager, and which falls outside of my realm of duty as Governmental Affairs Consultant/Lobbyist for the City, will be contracted for separately and on a special project bases. 3. Either the City of Delray Beach or Kathleen Daley & Associates, Inc., may terminate this agreement at any time, pursuant to the following: (i)If terminated by the City Delray Beach at any time during the contracted period, for other than good cause, Kathleen Daley & Associates, Inc. will retain the total amount of $48,000.00. (ii)If terminated by the City of Delray Beach at any time during the contracted period, for good cause, Kathleen Daley & Associates, Inc. will retain a pro- Kathleen Daley & Associates, Inc. will retain a pro- rated to-date portion of the total amount of $48,000.00. Good cause shall include but not be limited to the arrest of any of the principals of Kathleen Daley & Associates, Inc. and/or conduct by any of the principals of Kathleen Daley & Associates, Inc. which may subject the City of Delray or Kathleen Daley & Associates, Inc. to negative publicity which would hamper the effectiveness of Kathleen Daley & Associates, Inc. in fulfilling their obligations under this agreement. (iii)If terminated by Kathleen Daley & Associates, Inc. at any time during the contracted period, Kathleen Daley & Associates, Inc. will retain a pro-rated to- date portion of the total amount of $48,000.00. 4. This Agreement shall be executed as an original and three counterparts. WITNESSES: KATHLEEN DALEY & ASSOCIATES, INC. By: ~EEN ~-. D~L~ ATTEST: CITY OF DEL~ B~CH, F~RIDA By: city Clerk Mayor Approved as to Fo~: city Attorney MEMORANDUM To: David T. Harden City Manager From: Joseph M. S~~ Director of Fina~2:~ Subject: Banking Services Contract Date: July 29, 1996 The City's banking services contract with Barnett Bank is up for renewal September 30, 1996. Barnett Bank has agreed to extend the present contract for an additional two year period to end September 30, 1998 with an option to renew for up to additonal two twelve month periods. Pricing would remain the same through September 30, 1998. These fees would be reviewed prior to each option period. We feel the City would do well by extending the contract since we would be locking in the present fees for a total of five years. It should be noted that these fees reflect a cost reduction over the prior contract period of approximately $25,000 per year. We also feel that Barnett provides excellent service at prices competitive with this market and therefore, recommend continuation of this contract. The amendment has been reviewed by the City Attorney and approved as to form and legal sufficiency. c: R.S. O'Connor, Treasurer Agenda Item No.: ~/7' AGENDA REQUEST Date: 3u%y 29, 1996 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: August 6, 1996 Description of agenda item (who, what, where, how much): Approval of the extension of the banking services agreement.with Barnett ~ank of Palm Beach County at the present pricing through September 30, 1998 With an option to renew the contract up to two additional twelve periods with pricing reviewed prior to the option period. ORDINANCE/ 1LESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approve the above. Determination of Consistency ~i~ 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: 001 1511 513 31 90 Finance-Other professional svc. Account Balance: 44~ 5112 536 31 90 UTB - Other professional svc. -scft City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved FOURTiI Ah'IEINDh'IENT TO TIlE BANIrUiNG ~;EI*,.VICES AGILEEMENT BETWEEN TItE CITY OF DELRA¥ BEACH AND BAI@4ETT BANK OF PALM BEACH COUNTY TFHIS AivlENDMENT, made and entered intt> this day vf , 1996 by :tJld between the CITY OF DELRAY BEACH, FI,ORIDA, a Florida municipal (ImreitmRer referred to as "City"), and BAI~ETT B~K OF PALM BEACH COUNTY> (lmreEmfter referred to as "B;ttHc"). WI-~I~AS, tlm CITY and the B~K previously entered into a Banking Services Agreement dated April 12, 19gg ("Agreement") which was extended until October 1, 1992; and WIll. AS, fl~e CITY and the B~K entered into three amendmcilts to the contract datcd Januatj 7, 1993, October 14, 1993, and Novcmbcr 3, 1994; and WI-~AS, the parties hereto desire to revise certain provisions of axe Agreement as set lbrth herein. NOW, TI-~FO~, in col~idcration of thc mutual obligatioim of the parties as set lbrflt in the Agreement and as set forfl~ below, thc parties agree to amend thc Agreement and is lmrcby rcvised to read as follows: 1. Section I of fl~e Agreement is hereby revised to read as follows: I. B~GNG AND TRUST SERVICES; TE~I OF AG~EMENT The B~K agrees to provide the banking services to thc CITY as set ibrtl~ in tiffs Agi'eement for a period of two years, cmmnencing October 1, 1996 and tmaninating on September 30, 1998. The Agreement may be extended beyond the contract term'for up to two additional twelve (12) month periods by mutual written consent. Either party shall have tim option, however, to terminate the contract without cause upon giving 120 days advance written notice to the other party. 2. Section II, Paragraph A.1. of the Agreement is hereby revised to read as follows: The charges outlined in the cost of banking services proposal as stated in Exhibit "A" to this Amendment shall remain unchanged effective October 1, 1996 through September 30, 1998. Pricing will be reviewed at the end of this' period. Additional services not listed in Exhibit "A" which the BANK provides to the CITY will be agreed upon at the tkme the service is implemented. FDIC insurance fees are subject to adjustment if increased or decreased by FDIC by the amount of the change. Negative collected balances are calculated daily and charged at a rate of prime plus two percent. 3. That all other terms and conditions of the Agreement dated April 13, 1988 between the parties and the Amendment dated November 3, 1994, except as may be in conflict with this .,Mnendment, shall remain in full force and effect. IN WITNESS WI-IEREOF, the parties hereto entered into this Amendment as of this day and year first above written. WITNESS: BARNETT BANK OF PALM BEACH COUNTY (Signature of Witness) (Signature printed or typed) (Signature pririted or typed) (SEAL) 2 STATE OF /- f'~)f'/(//~ COUNTY OF ~/£~ ~_"~'5'/_~, The foregoing instrument was acknowledged before me this ,~;"i: day of ~{/_.~/.t ,1996, by JC/~/)/-~L) .~ z~_(/%4/~. (name of officer or agent, titleof officer o~ agent), ' ~ "' ' of Barnett Bank of Palm Beach County, a f..//~, . ,~: £ ,./?.... corporation, on behalf of the corporation. He/She is personally known to me or has produced ,~/~ [~f ./i/dF / / ~f DS.F_. as identification. ~ ,~ :,COUMISS~0~ ~' CC~3~.~7 Signature of Nom~'~blic ~. [XPI~ES2~N 22 ~999 '~ AlAN NUIa~Y '~ 1.800 486.9040 ATTEST: CITY O~ DEL~Y BEACH, FLO~DA By: City Clerk Jay Alperin, Mayor Approved as to Form and Legal Sufficiency: David N. Tolces Assistant City Attorney Exhibit A LIST OF SERVICES UNIT COST FDIC Insurance .160 BASIC SERVICES Account Mai~ltcnancc 9.000 Deposits Credited .300 ACH Deposits Crcditcd .300 Items Paid .130 ACH Items l'aid .130 ITEMS DEPOSITED SERVICES ON US .035 Clcaring House .035 Other Florida .045 Non-Florida .060 ACH SERVICES ACI I Maintenance 30.000 FED Surcharge/Credits .010 ACH Item Returned 3.000 ACH Items .100 Data Transmission 5.000 CASH SERVICES Cash Deposit per $1,000 0.000 Standard Coin Bag Deposited 0.000 DEPOSIT SERVICES Items Returned 3.000 Reran Items 2.000 Encoding Deposits ON US items .035 Local Clearing House items .040 Other Florida items .050 Out of State items .060 INVESTMENT SERVICES Sweep Investment Services 150.000 Control Disbursement 0.000 RECONCILIATION SERVICES Deposit Rccon-maintcnance 40.000 Pm'rial Recon-maintenance 15.000 Fine Sort per item 0.000 Deposit Recon per item .100 Partial Recon per item .045 Reconciliation rejects .150 Data Translnission 5.000 TRANSFER SERVICES Internal Transfers 0.000 TBA ATS System 60.000 WIRE TRANSFER SERVICES Telephone notification 0.000 Domestic Wire-Incoming 8.000 Domestic Wire-Outgoing 8.000 OTHER SERVICES Courier/Delivery Charge 290.000 Stop Payments 0.000 Banking Supplies At Cost Postage At Cost REPURCHASE AGREEMENT FEE 25 Basis Points Off Fed Funds Rate £1TY OF DELI:lilY BEII[H DELRAYBE^CH !09 ~ ',",. :';t ,~VEh,:'JE $ DE2Ria¥ BEACH ~' .©RIDA 33444 ~, 407 24S 7009 Ali.America City t~t,, ~ TO: David T. Harden, City Manager FROM: Robert Rehr, Fire Chief DATE: July 29, 1996 SUBJECT: REQUEST CITY COMMISSION APPROVAL AND RESOLUTION TO ALLOW PARTICIPATION IN TI-IE COUNTY PRO-RATA GRANTS PROGRAM. Each year the County E.M.S. Program makes Pro-Rata funds available to licensed E.M.S. Providers. To utilize these non-matching funds we must submit an application requesting the purchase of equipment which is not budgeted through the City and a supporting resolution from the City Commission. The resolution is needed to demonstrate that the Delray Beach Fire and Emergency Medical Services Department, in fact, represents the Emergency Medical Services for the City and that the equipment purchased with these funds expands and improves the level of care provided to our citizens. For FY 96-97 we wish to purchase one (1) Lifepak 11 with 12 lead adapter. The addition of this 12 lead capable portable EKG, defibrillator and pacing device will enhance our ability to interpret, diagnose and record EKG rhythms and thereby improve our treatment for the patient who is in the process of having a myocardial infarction. The current price for this unit is $16,500; however, with the trading in of an older unit, the price will be $7,400 which will be paid for with grant funds. We request this item be placed on the August 6, 1996 agenda. A copy of the proposed resolution is attached for review. Robert B. Rehr Fire Chief RBRddgr/pro attachments cc: D. Trawick, Div. Chief D. Randolph, Train. ~ Dev. Mgr. RESOLUTION NO. 60-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. WHEREAS, the City of Delray Fire and Emergency Medical Services Department represents the Emergency Medical Service interest of the City of Delray Beach; and WHEREAS, the City of Delray Beach Fire Department is requesting Pro-Rata grant funding for the purchase of one (1) Lifepak 11 with 12 lead EKG defibrillator and pacing capabilities which will aid the EMT and Paramedics in provision of pre-hospital services; and WHEREAS, the City of Delray Beach Fire Department is eligible to receive funds collected by the Emergency Medical Service Surcharge, pursuant to Florida Statutes, Chapter 401.113; and WHEREAS, these funds are to be used to expand and improve the City's level of emergency medical care to the citizens of Delray Beach and will enhance the emergency medical service operation; and WHEREAS, these funds are to be spent on equipment not budgeted through the City of Delray Beach and would be unavailable otherwise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor of the City of Delray Beach, Florida, is hereby authorized to execute all documents which are necessary to complete the request for a Pro-Rata share of the County Emergency Medical Service Surcharge Award Program Funds. PASSED AND ADOPTED in regular session on this 6th day of August, 1996. ATTEST: city cl r¥ liixeeutive Summary: Identify, in order of' priority, how this request will improve and expand EMS. The addition of 12 lead capable portable EKG, defribrillator and pacing devices is well proven. The enhancement wi~h devices that interpret, diagnose and record EKG rythmns will /mprove our treatment for the patient in the pro~ess of having a myocardial infarction ( MI or hear= attack). This unit will be a start, via a trade-in, =o move to standardize all of our units. 7. Proposed Expenditure Plan: Line Item Unit Price Quantity Total Trade-in 7,400.00 1 7,400.00 1 iifepak I0 w/12 lead adapter Current full purchase price $16,500.00 Trade-in creel= approx. 9,100.00 Dollars plus trade-in 7,400.00 $16,500.00 TO: DAVID T. HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT/~ FROM: NANCY DAVILA, HORTICULTURIST ,~.i RE: CITY COMMISSION AGENDA ITEM ~ RESOLUTION NO. 62-96 FOR URBAN AND COMMUNITY FORESTRY GRANT DATE: JULY 30, 1996 ITEM BEFORE THE COMMISSION The item before the Commission is Resolution No. 62-96, which would authorize the City to enter into an agreement (Grant Memorandum of Agreement) with the Department of Agriculture and Consumer Services, in the event our grant request to provide matching funds for the establishment of a comprehensive tree care program, is approved. BACKGROUND Through the 1996 Urban and Community Forestry Grant Program, the City is able to apply for a matching grant to fund a tree inventory and management plan for the maintenance of trees in the City's parks and medians. The implementation of a sustained comprehensive tree care program would begin with an inventory of the City's trees. As no one on staff is trained or experienced to set up such a program, we would be looking to have a professional tree care consulting firm conduct the tree inventory and create a data base using one of the many software programs available. Information supplied by the inventory can track the history of the tree relative to pruning, fertilization, insect and disease control which can be easily recorded and retrieved as needed. Information based on the inventory and a review of the City's staff and resources can be used to develop a tree care management plan for systematic and scheduled tree care. The City is requesting a match from the Department of Agriculture in the amount of $8,650.00, to fund the program. Although I hope we never need it, should the City experience damage from hurricane force winds, the information contained in the database would support any disaster relief claim to FEMA. RECOMMENDATION Staff recommends that the Commission give favorable consideration to the approval of Resolution 62-96 authorizing the City to enter into an Urban and Community Forestry Grant Memorandum of Agreement for the purpose of establishing a comprehensive tree care program in the City. RESOLUTION NO. 62-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has planted hundreds of trees over the past ten (10) years in an effort to reforest the City; and WHEREAS, the City of Delray Beach recognizes the importance of tree care to ensure the proper development of our trees; and WHEREAS, the City of Delray Beach wants to maintain its trees through the establishment of a comprehensive tree care program; and WHEREAS, the City of Delray Beach desires to apply for an Urban and Community Forestry Grant which would provide partial funding to develop a tree inventory and implement a tree care management plan; and WHEREAS, the City of Delray Beach wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of of Delray Beach, the Florida Department of Agriculture, and Consumer Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: The Delray Beach City Commission supports the development of a sustained comprehensive tree care program to ensure the proper maintenance of the City's trees. Section 2: The City Commission of the City of Delray Beach, Florida, hereby authorizes the City Manager, or his authorized designee, to apply for funding through the 1996 Urban and Community Forestry Grant Program, and further authorizes the City Manager to enter into a Grant Memorandum of Agreement between the City of Delray Beach, and the Florida Department of Agriculture and Consumer Services. Section 3: That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this 6th day of August, 1996. ATTEST: ~ Y 0 R City Clerk ~ -2- Res. No. 62-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~'( SUBJECT: AGENDA ITEM # ~'~- ' - MEETING OF AUGUST 6, 1996 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS DATE: AUGUST 2, 1996 This is before the Commission to ratify actions taken by the South Central Regional Wastewater Treatment and Disposal Board at its special board meeting of July 18, 1996. By a vote of 9-0, the Board approved the following: · Expend $10,000 from the sinking fund for emergency purchase to replace #2 RAS B Plant Motor Drive. · Enter into contract with Insituform Southeast, Inc. to repair Deteriorated concrete aeration basin channels on a unit cost per square foot basis, at an estimated cost of $144,136. · Expend an additional $50,000 from sinking fund to repair deteriorated concrete channels ($100,000 previously authorized in 1995/96 sinking fund budget). · Expend $30,000 from sinking fund to replace "B" plant blower housing and impeller. · Enter into contract with C.K. Walker Builders, Inc. in the amount of $109,991 for construction of operator's control station and door replacement; ($60,000 for Control Station and $40,000 for door replacement previously authorized in the 1995/96 budget). · Expend an additional $20,000 from sinking fund to replace various doors throughout the plant. Recommend ratification of the actions taken by the South County Regional Wastewater Treatment and Disposal Board on July 18, 1996. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 1996, by a vote of 9-0, approve Authorization to Expend ;~10,000. from Sinking Fund to Rep/ace #2 PAS B P/ant Motor Drive (Emergency purchase). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 1996, by a vote of 9-0, approve Authorization to Enter into Contract with Insituform Southeast, Inc. to Repair Deteriorated Concrete Aeration Basin Channels on a Unit Cost/Sq. Ft. Basis (Estimated cost ~I~.~., 136). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , _ , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 19, 1996, by a vote of 9-0, approve Authorization to Expend an Additional ;50,000. from Sinking Fund to Repair Deteriorated Concrete Channels (;100,000 previously authorized in 1995/96 Sinking Fund Budget). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 1996, by a vote of 9-0, approve Authorization to Expend ~30,000. from Sinking Fund to Replace "B" Plant Blower Housing & Impeller. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 16, 1996, by a vote of,~E:0, approve Authorization to Enter into Contract with C. K. Walker Builders, Inc. in the Amount of ~109,991.00 for Construction of Operator's Control Station and Door Replacement. (;~60,000 for Control Station [Capita/Projects] and ~40,000 for Door Replacement [Sinking Fund] appropriated in 1995/96 Budget). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 1996, by a vote of 9-0, approve Authorization to Expend an Additional ;~20,000. from Sinking Fund to Replace Various Doors throughoUt Plant. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City clerk Approve as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~' ~ SUBJECT, AGENDA ITEM # Z"/~' - MEETING OF AUGUST 6, 1996 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD BUDGET AND RATES DATE: AUGUST 2, 1996 This is before the Commission to ratify actions taken by the South Central Regional Wastewater Treatment and Disposal at its special board meeting of July 18, 1996. By a vote of 9-0, the SCRWTD Board approved the following: · Acceptance of 1996/97 Operations and Maintenance Budget, Capital Projects, Capital Assets, and Repair and Replacement expenditures. · Authorization to establish user rate in the amount of $0.7055 per 1,000 gallons to cities for FY 1996/97. Recommend ratification of the actions taken by the South County Regional Wastewater Treatment and Disposal Board on July 18, 1996. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 1996, by a vote of 9-0, approve Acceptance of 1996/97 0 & M Budget, Capital Projects, Capital Assets, Repair and Replacement Expenditures. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney ! I~A'GE 01 '" : SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOAIO) ANNUAL BUDGETS: ACTUAL, BUDGETED, PROJECTED 1991-1997 DE,~CRIPTION 1990-91 1993-94 1994-95 1995-96 1995-96 1996-97 ACTUAL ACTI. IAL A~UAL BUDCET ~ III. IDGF_~ SUMMARY TOTALS PERSONNEL SERVICES $1.176.339 $1,074,247 $1,078,816 $1,150,750 $I,069,200 $1,123.250 OPERATING EXPENSES: 1.775,732 1,505.063 1.632.906 1,703,000 1,651,000 1,744,000 SERVICES 742,680 558,640 556,757 601,500 607,000 667,500 OPERATIONS/MAINTENANCE 755,934 648,609 718.439 709,500 668,000 703,500 CHEMICALS/SUPPLIES 277,118 297.814 357,710 392,000 376,000 373,000 TOTAL PERSONNEL AND OPERATING EXPENSES 2.952,071 2.579,310 2,711,722 2,853,750 2,720,:200 2,867,250 OPERATING CONTINGENCY 0 13.089 8,055 50,000 0 50,000 ENGINEERING 132,867 55,110 22,664 75,000 43,000 40,000 TOTAL BUDGET $3.084,938 $2,647.509 $2,742,441 $2,978.750 $2,763,200 $2,957,250 PAGE 02 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACCOUNT ~." lq.eL DE.qCRIPTION 1990-91 1993-94 1994-95 1995-96 1995-96 1996-97 1212 REGULAR WAGES $840.485 $748,480 $748.140 $812,000 $760,000 $799,000 12121 SICK LEAVE REDUCTIONS 9,92.0 0 1,917 3,000 1.000 3.000 12122 PAYROLL CONTINGENCY 338 2,802 980_ 1,500 500 1.000 1214 OVERTIME 38,628 34,498 . 56,360 42,000 42,000 43.000 12151 EMPLOYEE ASSIST. PRO(]. 691 486 593 750 700 750 12152 PLANT PERFORMANCE 35,979 24,927 0 10.000 10,000 10.000 1221 SOCIAL SECURITY 71,154 59,336 64.037 68.000 62,000 64.000 1o_2o3 HEALTH INSURANCE 70,489 60,211 59,138 62,000 55,000 62.000 1223! DENTAL INSURANCE 6.498 5.599 6.767 7,500 7,500 8.500 12232 DISABILITY INSURANCE 8,325 2,410 5.763 6.000 6,500 6.500 12233 LIFE INSURANCE 2,060 925 870 1,000 1,000 1.000 1224 WORKERS' COMPENSATION 29,929 46,957 48,126 50,000 40,000 41.500 Io.22o5 UNEMPLOYMENT 885 10.551 8.871 10,000 3.000 3.000 1236 PENSION 60.958 77,065 '/7,252 77.000 80,000 80.000 TOTAL PERSONNEL SERVICES $1,176,339 $1,074,247 $1,078,816 $1,150,750 $1,069,200 $1,123,250 P~GE 03 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACCOUNT 1990-91 1993-94 1994-95 1995-96 1995-96 1996-97 nO. DF_,SCEII~33D~ ACr. IJAL ~ AC.TAJAL n~O~,ET ~ ~ 3100 MEDICAL SERVICES $81 $2,400 $1,668 $5,500 $3,000 $3,000 3110 LEGAL (GENERAL & ADMIF0 30,452 39,036 37,413 40,000 14,000 22,000 3112 LEGAL (TOXICITY) 39,986 40 0 5,000 0 5,000 3120 SERVICE5 (O & A) 19.564 52,537 42.084 26.000 30.000 15,000 3200 AUDITING 16.497 13.695 15.950 20,000 20,000 20.000 3400 PRETREATMENT 8.328 6.979 7,869 9,0(]0 9,000 20,000 3402 TOXICITY TESTING 14.375 29,457 26.844 35.000 30.000 30,000 3404 CHEMICAL ANALYSIS 2.145 4.718 4.081 5.000 4.000 5.000 3406 METER CALIBRATION 7,028 4,811 5.333 6.000 6.000 9,000 3410 SLUDGE HAULING 564,572 314,574 325,673 350,000 425,000 425.000 3411 GRIT HAULING 20,897 30,200 29,882 38,000 20,000 51,500 3412 TRASH HAULING 1,068 1.128 1,191 2.000 1,000 2,000 3500 SERVICES (0 & {Vi) 17,68'/ 59,065 58,769 60,000 45,000: · 60,000 TOTAL SERVICES $742,680 $558,640 $556.757 $601.500 $607,000 $667.500 PAGE 04 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACCOUNT 1990-91 1993-94 1994-95 1995-96 1995-96 1996-97 NO. DESCRIEr. ION AC.T_UAL ACEUAL ACt. UAL BUDGET_ PROJF. CTEO BUD_GF_~ 4000 VEHICLE EXPENSE $6,996 $2,900 0 S8,000 $5,000 6,000 402_0 BOARD CONTINGENCY 5,970 1,891 1,192 3,000 2,000 3,000 4100 TELEPHONE 9,158 10,937 11,306 12,000 11,000 12,000 4102 POSTAGE ......... 3.000 4300 ELECTRICITY 456,390 412,092 469,034 450,000 438.000 450.000 43~. WATER 8,930 11,689 ]7,840 14,500 13,000 ]4.000 4400 EQUIPMENT RENTAL 520 15,905 10,619 3,000 1,000 3.000 4500 INSURANCE 81,089 92,435 98,545 107,000 100,000 103.500 4600 M & R EQUIPMENT 127,747 40,593 47,673 45,000 40,000 44,000 4620 M & R VEHICLES 5,130 2,724 5,980 10,000 10,000 8,000 4630 M & R GROUNDS 2,959 0 0 3,000 1,000 2,000 4640 M & R BUILDINGS 13,083 9,030 5,606 5,000 5,000 5~000 4650 M & R UNSPECIFIED 19.623 38,242 23.156 20,000 20,000 20,000 4900 ADVERTISING 1,115 270 1,079 1,000 1,000 1,000 4909_ LICENSE & PERMITS 2,609 3,787 15,211 13,000 13,000 13,000 5400 MEMBERSHIP DUES & SUBSCPd 2,123 3.660 2,513 3,000 2,000 3,000 5410 TECHNICAL TRAINING 8,706 1,822 8.223 10,000 4,000 10,000 54__20 EDUCATIONAL EXPENSES 3,786 632 462 2,000 2,000 3,000 TOTAL OPERATIONS/MAINT. $755,934 $648,609 $718,439 $709,500 $668,000 $703,500 PAGE 05 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACCOUNT 1990-91 1993-94 1994-95 1995-96 1995-96 1996~97 NO. ~ ACTU~ ACTUAL ACTUAL BIYDGET PROJ~ BUDGET 5100 OFFICE SUPPLIES $7,215 $6,797 $8,718 $7,000 $7,000 $5,000 5201 SAFETY SUPPLIES 14,442 5,259 5,059 5,000 5,000 5,000 5202 GENERAL OPERATING 16,337 11,737 14,046 15,000 16,000 16,000 5_203 JANITORIAL SUPPLIES 4,890 1,857 1,561 2,000 2,000 2,000 5204 LABORATORY SUPPLIES 16,839 24,708 29,529 30,000 27,000 30,000 5210 CHEMICALS 191,474 223,834 270,698 297.000 290,000 285,000 5220 O1L, FUEL, LUBRICANTS 6,727 4,084 13,862 13,000 10,000 10.000 5230 CONSTRUCTION MATERIALS 2,749 3,074 1,672 4,000 2,000 3,000 5240 UNIFORMS 4,488 4,986 5,486 6,000 6,000 7,000 5250 SMALL TOOLS < $5OO 7,347 3,639 2.477 5.000 5.000 5,000 5251 OFFICE EQUIPMENT < $500 2,488 3,002 652 3.000 3,000 4,000 5252 LAB EQUIPMENT < $500 2,122 4,837 3,950 5,000 3,000 : ' 1,000 TOTAL CHEMICALS/SUPPLIES $277,118 $297,814 $357,710 $390_,000 $376,000 $373,000 OI)F_,RATING EXPEN.RE.R SERVICES $742,680 $558,640 $556,757 $601,500 $607,000 $667,500 OPERATIONS/MAINTENANCE 755,934 648,609 718,439 709,500 668,000 703,500 CHEMICALS & SUPPLIES 277,118 297,814 357,710 392_,000 376,000 373,0(X) TOTAL OPERATING EXPENSES $1,775,732 $1,505,063 $1.632,906 $1,703,000 $1,651,000 $1,744.000 ; PAGE 06 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOAIU) OPERATING CONTINGENCY ACCOUNT 1990-91 1993-94 1994-95 1995.-96 1995-96 1996-9"t ~}. ~ ~ ~ ~ BIff}GET PROJECTED III/DGET 4990 OPERATING CONTINGENCY $0 $13,089 $8,055 $50,000 $0 $50,000 TOTAL OPERATING CONTINGEN $0 $13,089 $8,055 $50,000 $0 $50,000 PAGE 07 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACCOUNT 1990-91 1993-94 1994-95 1995-96 1995-96 1996-97 NO. DI~..~CRIPTION ACTUAL ~ ACTUAL BIJDC. ET PROJF~CTED BUDGET 3150 GENERAL $106,314 $53,714 $22,645 $60,000 $35,000 $30,000 3160 BIOTOXICITY 17,249 18 0 5,000 0 5,000 3162 PRETREATMENT 9,304 1,378 19 10,000 8,000 5,000 TOTAL ENGINEERING $132,867 $55,110 $22,664 $75,000 $43,000 $40,000 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1996-97 1212 REGULAR WAGES Base wages - 23 Employees S"/99,000 4 Administrative 4 Lab & pretreatment 10 Operations 5 Maintenance Includes 4% merit pay increase 12121 SICK PAY REDUCTIONS Employees have the annual option to 3,000 cash out (at 50% payment) all sick days in excess of fifteen (15) accrued in sick day bank. 12122 PAYROLL CONTINGENCY Employee annual appreciation dinner 1,000 and luncheons (i.e.: retirements, recognitions, and safety awards). 1214 OVERTIME Shift coverage as required for plant operations. Employees working over 40 hours per week (excluding sick hours) are paid at time and a half. 12141 Hurricane Watch 3,000 12142 Maintenance 5.000 12143 Shift I Coverage 6,000 12144 Shift 2 Coverage 4,000 12145 Shift 3 Coverage 5.000 12146 Training 2.000 12147 Administration 1.000 , 12148 Holiday Coverage 14,000 12149 Lab/Pretreatment 1,000 12150 Special Projects 2,000 .............. 43,000 12151 EMPLOYEE ASSISTANCE Board cost: $2.15 per employee per 750 PROGRAM month. Provides family counseling and referral services to employees and their fatal, lies. 12152 PLANT PERFORMANCE Award given to those employees whose performance 10,000 has contributed to overall efficiency of Plant as recommended by Executive Director and approved by the Board.. 1221 SOCIAL SECURITY/ Employer' s estimated cost: 7.65 % ,, 64,000 MEDICARE currently = Social Security - 6.2%; Medicare - 1.45 % 1223 BLUE CROSS/BLUE SHIELD Board cost per employee is estimated @ 62,000 HEALTH INSURANCE $225.00 monthly. (Dependent coverage not provided by Board). 12231 DENTAL INSURANCE Board cost per employee: $31,19 monthly 8,500 (Dependent coverage not provided by Board). PER~ONNIH. fennt.) 1996-97 ACCT. NO, ACCOUNT TITI.E D~ BUDCET 12232 DISABILITY INSURANCE Long term disability insurance provided 6,500 by the Board at approximately 1% of 40 hour base pay per employee. Cost: $0.8'7/$100.00 Compensation. 12233 LIFE INSURANCE Board provides $10,000 life insurance. .;1,000 $.82 per $1,000 ($70/month). ~' 1o..24 WORKERS' COMPENSATION Cost per employee based on a 40 hour 41,500 base pay. 1225 UNEMPLOYMENT Paid on a reimbursable basis according 3,000 to claims received. 1236 PENSION Defined Board contribution based on 40 hours 80,000 base pay for participants plus administrative costs. TOTAL PERSONNEL $1,123,250 OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES .qF~RVICF~.R A.C~ ~ DE.qCRIPTION BUI)C,F.T 3100 MEDICAL SERVICES Employee physicals, drug screens, tetanus and $:3,000 Hepatitis A vaccine. 3110 LEGAL (ADMIN & LABOR) Attorney fees: :31101 Admin - Federspiel $15,000 :3110:3 Pension- August & Comiter :2,000 31104 Lewis, Longman & Walker 5,000 3112 LEGAL (TOXICITY) Continuing Operational Permit Legislation :31121 Federspiel 1,000 31125 Lewis, Longman & Walker 4,000 $,000 :3120 SERVICES: :31201 Accounting & Bookkeeping 9,000 General & Administrative, 31202 Computer Consultant 2,000 31206 Copier Maint. Contract 2,000 :31208 Others 2,000 15,000 3200 AUDIT FEES 32001 Annual Audit 20,000 3400 PRETREATMENT PROGRAM Monitoring of program; re~lnired quarterly 20,000 effluent; influent and sludge priority pollutant scans, sample permitted facilities, newspaper publications.. 3402 TOXICITY TESTING EPA/DER: Discharge permit will require 30,000 bimonthly acute toxicity testing ($25,000) & quarterly chronic toxicity testing ($10,000) 3404 SLUDGE. LIQUID, CHEMICAL (1) fecal, copper, and cyanide - monthly; (6) 5,000 ANALYSIS TESTING heavy metals. (2) grease samples and 1 distilled water yearly 3406 METER CALIBRATION Calibration of transmitters, to~alizers, 9,000 FLORIDA SERVICE recorders,flowmeter pump, wastewater return meter monthly. 3410 SLUDGE HAULING $22.00/1,000 gallons hauled. Est. 10 to 11 425,000 loads per day average; long hauling distance. wet weather sites. " 3411 GRIT HAULING 100 trips @ $515.00 per trip. 51,500 OPERATING EXPENSES: SERVICES; M~INTENANCE; CHEMICALS & SUPPLIES (cont.) gERVICEg 19_96-_.97 ACCT. NO. ~U~T~E DESCRIPTION BUDGET 3412 TRASH AND HAULING $58.00 per month plus additional tipping fee 2,000 for trash hauling. 3500 SERVICES: 35001 Centrifuge 10,000 Operatiom, Maintenance, & 35002 Air Scrubbers 2,000 Professional :35003 Generators 3,000 :35004 Lawn Maintenance 30,000 35005 Admin. Building Cleaning 8,000 35006 Lab Equipment Calibration 1.000 35008 Other 1,000 35009 Contract Labor 5,000 TOTAL SERVICES $667,500 OPERATING EXPENSES: SERVICES; MAI~ITENANCE; CHEMICALS & SUPPLIES OPERATIONR/MAINTENANCE 1996-97 ACCT._NO. ACCT. T~LE DESCRIPTION B_U. DC, ET 4000 VEHICLE EXPENSE Lease vehicle; Mileage reimbursement @ $0.20/mile; Fuel for 2 pickup trucks and .~ 1 leased automobile. ~' 40001 Leased Vehicle $4.000 40002 Mileage Reimbursement 1,000 40003 Fuel for Vehicles 1,000 4020 BOARD CONTINGENCY Public relations, good will tours, floral arrangements or fruit baskets, cards for illnesses or funerals, and miscellaneous business expenses: 40201 Board Expense: Appreciation 1,000 40202 Board Expense: Meals and Entertainment 1,000 40204 Board Expense: Travel, Lodging 1,000 3,000 4100 TELEPHONE EXPENSE MontMy base fees and long-distance usage 12,000 including Fax machine and I cellular phone. 4102 POSTAGE U.S. Mail, Fedex, etc. 3,000 4300 ELECTRICITY $0.045 per KWH including surcharge for 450,000 peak usage. 4302 WATER CONSUMPTION Budgeted for 1,000,000 gallons montMy 14,000 @ $1.45 per 1,000 gallons (estimate). 4400 EQUIPMENT RENTAL Cranes, various equipment, and instru- 3,000 ments as required in maintenance and operations. 4500 INSURANCE EXPENSE 45001 Property Liability Package 53,000 45002 Vehicle Insurance 6,500 45003 Public Officials and Employees 6,500 Liability 45004 Fidelity and Public Officials Bond 1.000 45005 Pollution Liability 30.000 45006 Boiler & Machinery 6,500 103,500 4600 M & R EQUIPMENT Annual repair items for pumps and plato equipment: 46001 lnfluent Building 5,000 46002 Aerators 1,000 46003 Blower Building 5,000 46004 Scrubbers 2,000 46005 Clarifier 2,000 46006 Return Building 5,000 46007 Chemical Building 7,000 46008 Chlorination 3,000 46009 EQ Building 1,000 46010 Effluent Building 4,000 46011 Shop Building 1,000 46012 Office Building 2,000 46013 Deehlorination 1,000 46014 Miscellaneous 5,000 OPER AT! OIV.R/MAINTENANCE feont3 : 1996-97 ACC.T._{~[~ ACC.T._T.H]~ I)E.q£R IPTIO~{ BUDGET 4620 M & R VEHICLES Annual repairs for vehicles: 46201 Trucks and Tractor 2,000 46202 Leased Auto 500 46203 Service Carts 2,000 46204 Boom Truck 3,000 46205 Other 500 4630 M & R GROUNDS Landscaping, sprinkler systems, retention 2,000 ponds, piping, fertilizer, etc. 4640 M & R BUILDINGS Painting, Repair or replacement of doors, 5,000 screens, locks, windows, ceiling tiles, electrical, plumbing, and lighting. 4650 M & R UNSPECIFIED Funds for emergency or unidentified 20,000 equipment deficiencies that require upgrade or improvement in operation, 4900 ADVERTISING Advertisement and legal ad allownnce 1,000 related to plant operation or bids and public notices. 4902 LICENSES AND PERMITS .qTATE 13,000 Lab Certification 400 Operating Permit 7,500 Storage Tank 100 8,000 PALM BEACH COUNTy Operators' Licenses 2,150 Air Pollution Licenses 100 ' Wellfield Permit 350 Storm Water 1,150 Tags on Trucks 100 3,850 CITY & .RPECIAL DI,qTRICT Solid Waste Assessment 300 Special District Fee 175 Other 675 5400 MEMBERSHIP DUES AND Dues - Professional organi?.'~tions (I'~VPCOA, 3,000 SUBSCRIPTIONS WPCF, AMSA). Professional Registrntion Journals, Newspapers, Personnel, and Humnn Resources subscriptions and Dues. Operational subscriptions and Dues; Safety Council. 5410 TECHNICAL TRAINING Operators' Short Schools, Regional schools, Lab Technical, and Quality Assurnnce Short Schools; Personnel Seminars; Computer Classes; WPCF Convention; Technical Schools; Annual Conference. 54101 Conferences 4,000 54102 Meals 1,000 54103 Travel 5,000 I0.000 5420 EDUCATIONAL EXPENSES Classes, books, and fees. 3.000 TOTAL OPERATIONSIMAINT. $703.500 OPERATINC. EX~PEN~qE.q: .qERVICEq; MAINTENANCE... CHEMICAL~ & ~UPPL~ CHEMICAL~ A~ ~PL~ 19~97 51~ O~ICE S~PLI~ A~I projection: Copier pa~r, smtione~, bminess ca~s. ch~k printing. ... general office supplies, & m~ssides. 5201 S~ S~PLIES Gloves, pr~tive glasses, fa~ shields, 5.~ h~fing pr~tion, ove~s, ~r-plugs, muffs, ~erge~y eye wash station, emergency sheers, mHfidge ~spimtors, gas ~n~dge, ~efile storage ~&~ for ~s~ imton, disi~ection systems for respimton, fit test ~poules, ~pimtor storage cab~ets, dis~l ~ton, ch~i~l spill absor~ e~s, oil sor~nt, Hquid ch~i~l neutm~n, ~m~ m~, ha~ous materials kit, salvage ~m, diffusion dete~or tu~s, sigm, la~ls, rags, flint aid sullies, e~in~ishe~ a~ ac~ssofies, ha~rdous a~ li~ts, emergency small ~ools. safety c~s, b~. 5202 GENERAL OPERATING Operating supplies, raingear, hard-hats, 16,000 SUPPLIES boots, drager tubes, gloves, hoses. firehoses, chart pens, charts, sludge jugs, flags, coffee supplies, water cooler supplies, batteries, hurricane supplies. and other miscellaneous supplies. 5203 JANITORIAL SUPPLIES Mops, brooms, paper goods, brushes, all : 2,000 necessary janitorial cleaning supplies. 5204 LABORATORY SUPPLIES Laboratory upgrades and replacements. 30,000 Reagents. glassware, replacement of equip- mem. apparatus. Lab supplies consumed by testing procedures including Chlorine Testing. 5210 CHEMICALS 52101 Polymer: 50,000 lbs @ $1.86/Ib. $95,000 52102_ Lime: Calculated 650 tons ~ $96.00 50.000 per ton. 52103 Chlorine: 250 tons ~ $400.00/ton. 90,000 52104 Binsulfite: 10 shipments d} $4,500. 40.000 52105 Misc. Chemicals 1,000 52106 Caustic 30 tons @ $544 per ton 9,000 (8,000 gal @ $1.34 per gal) 285,000 1996-97 ACCT. NO. ~C.~)~I~ DE.qCR IPTION BUDC, ET 522_0 OIL. GREASE. DIESEL, AND 10,000 gallons Diesel fuel for generator, gas. 10,000 LUBRICANTS grease, oil, and lubricants for pumps and mow¢l~. 5230 CONSTRUCTION MATERIAL Walkways, signs, fencing, rails, platforms, ~; 3,000 small shelters, concrete, etc. Additional office and storage units. 5240 UNIFORMS Board participates 50% in uniform rental. 7,000 Board cost: $3.65/week. Cost to purchase 7 pants and 7 shirts provided on a one-time basis cost of $225.00 per employee. (Provides 3 new sets each year: $100.00). Annual work shoe allowance: $75.00 per employee per year. Annual prescription Safety Glasses: $75.00. 5250 SMALL TOOLS AND EQUIP- Handtools, drills, bits, files, small toolboxes, 5,000 MENT PURCHASE electrical equipment, and small maintenance tools < $500.00 value. 5251 OFFICE EQUIPMENT Filing cabinets, chairs, calculators, adding 4,000 machines, office mats, shelves, printers, tables < $500.00 value. 5252 LAB EQUIPMENT Magnetic stirrers, automatic titration attach- 1,000 merit, oxygen prob,:, and small equipmem < $500.00 value. TOTAL CHEMICALS AND SUPPLIES $373,000 ... OPI~.RATIN~ CONTINGENCY 1996-97 ACCT. NO. ACCOI~NT TITLE D~,.~,.~.I0~ IlIJDC. I:~T 4990 OPERATING CONTINfiENCY To be utilized as a supplement for any line $50,000 items which are exceeded during the budget year. Status of this Fund to be reported to Board. ~;, 1996-97 3150 GENERAL 31501 Permit Assistance $15,000 31502 Process Control 15,000 $30,000 . 3160 BIOTOXICITY 5,000 ~ 5'000 3162 PRETREATMENT 5,000 5,000 TOTAL ENGINEERING $40,000 GRAND TOTAL BUDGET: $2,957,250 SOUTH CENTRAL REGIONAL WASTEWATER TREATt4ENT AND DISPOSAL BOARD SINKING FUND 1996 - ! 997 .01 Replace Hydrogritter $22,000 .02 Replace Rag Compactor 23,(~00 .03 Replace Rollers & Brackets Buck El Conveyor 5,000 .04 Replace Bar Screen Motor Gear Box 6,500 .05 Replace Reuse Water Supports "A" Plant Aeration Basin 7,000 .06 Replace grating "A" Plant Aeration Basin 3,000 .07 Rerange SCFM Meters "A" & "B" Plant Aeration Basin 6,000 .08 Repair leaks "A" & "B" Plant Aeration Basin 5,000 .09 Repair deteriorated concrete "A" & "B" Plant Scrubber Channels 3,000 .10 Replace motor gear box Clarifier 1,000 .11 Replace impeller & shaft - "A" Plant Return Pump 5,000 .12 Replace motor drive impeller & shaft -" B" Plant Return Pump 22,000 .13 Replace mechanical seals "A" & "B" Plant Scrubber recirculating pumps 4,000 .14 Replace impeller & shaft reuse pump EQ Building '5,000 .15 Replace Patterson level controller EQ Building 4,000 .16 Replace impeller & shaft reuse pump Old Eff. Bldg. 3,000 .17 Investigate control problem old effluent pumps 2,000 .18 Replace control voltage batteries Blower Bldg. 1,000 .19 Replace plunger & valve sludge pump Chemical Bldg. 4,000 .20 Internal inspection of Screen Bldg. and Aeration Basin Scrubbers 2,000 .21 Replace drill press Maintenance Shop 5,000 .22 Miscellaneous Painting 5,000 .23 Miscellaneous Electrical lighting replacement ' 4,500 TOTAL SINKING FUND ~ 148,000 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CAPITAL PROJECTS 1996 - 1997 .01 Northwest Reuse $5,550,000 .02 Grit Unloading Building 200,000 TOTAL CAPITAL PROJECTS $5,750,000 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CAPITAL ASSETS ! 996 - ! 997 .01 ISCO Sampler (Pretreatmen0 $3,500 .03 Postage Meter 1,500 .04 Purchase Used Golf Cart 3,000 .05 Composite Sampler 5,000 .06 Blender Sample Pump 4,000 .07 Screening Building H2S Recorder 2,000 TOTAL CAPITAL ASSETS $19,000 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 1996 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 1996, by a vote of 9-0, approve Authorization to Establish User Rate to Cities for Fiscal Year 1996/97 as Follows: 1996/97 OPERA TIONS & MAINTENANCE 80.5805/1,000 GAL OCEAN OUTFALL 80. 0130/1, 000 GA1. SINKING FUND ~0. 1120/1,000 GAL TO TAL ;~0. 7055/1, 000 GAL Change required to provide proper funding for Amortization Schedule. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: AUGUST 2, 1996 Attached is the Report of Appealable Land Use Items for the period July 22 through August 2, 1996. 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 appealable actions for the period stated; receive and file the report as appropriate. TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DII~EC~ DEPARTMENT OF PLANNING AND ZONING FROM: /JASMIN ALLEN, PLANNER SUBJECT: MEETING OF AUGUST 6, 1996 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JULY 22, 1996 THRU AUGUST 2, 1996 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 22, 1996 through August 2, 1996. This is the method of informing the City Commission of 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 City 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. City Commission Documentation Appealable Items Meeting of August 6, 1996 Page 2 No Regular Meeting of the Board was held during this period. A. Approved with conditions (5 to 0), a request to change the architectural elevations, building color and landscape plan for the Delray Beach City Hall. B. Approved (5 to 0), a request for a color change for two existing duplexes located at 4'17 and 421 N.E. 7th Avenue. C. Approved with conditions (5 to 0), the site plan and landscape plan for Hofer-Darr Warehouse (Tract F - Delray Park of Commerce). The Delray Park of Commerce is located at the northeast corner of Lake Ida Road and Congress Avenue. The development proposal is to construct a 46,332 sq. ft. industrial building, consisting of two 23,166 sq. ft. bays. Hofer-Darr is a woodworking processing business specializing in laminating wood products and is currently located within the Delray Industrial Park (1865 S.W. 4th Avenue). The architectural elevations were tabled. D. Approved (5 to 0), a request for a fiat wall sign for Gators Only, located within the Delray Plaza at 2275 South Federal Highway. No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING I OF AUGUST 6, 1996 L-30 CANAL ~ c:j'J , ~,~J--~ ATLANTIC AVi~NUJ~ ~ ! '~~~~ .~/ / _J ~ L-38 CANAL C-15 CANAL CITY LIMITS S.P.R.A.B.' A. - DELRAY BEACH CITY HALL B. - 417 &: 421 N.E. 7TH AVENUE j MILEi I C. - HOFER/DARR WAREHOUSE g. - GATORS ONLY SCALE N CITY OF DELRAY BEACH, FL PLANNING DEPARTMENT -- Z)IGITAL ~)45E 41.AP S)~STgld -- CORRECTED MEMORANDUM MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # - MEETING OF AUGUST 6, 1996 AWARD OF BIDS AND CONTRACTS DATE: AUGUST 2, 1996 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Five year lease purchase from Midrange Support and Service, Inc. for City Hall AS/400 disk upgrade ($60,521.00) and Police Department AS/400 disk upgrade ($26,595.00), for a total cost of $87,116.00, with financing as follows: $31,750 down payment from 334-6112-519-64.11, and monthly payments in the amount of $1,421.96, including maintenance, over the 60 month lease period to be funded from debt service via transfer from departmental maintenance accounts. 2. Bid award to Florida Golf Renovation, Inc. for renovation of two fields at Miller park; Miller Field #5 and Little Fenway, in the amount of $11,635 from 001-4121-572-46.90. 3~ Awam~/multiple annual contracts for road construction ~~ ma~rr~l~r~tsa~n~Sct~~ct~%~U~v~n~~ $81,361 25 from 4. Bid award to O'Connor & Taylor, Inc. for construction of the Ocean Rescue Headquarters located at Anchor Park, in the amount of $317,853 from 334-4170-572-63.44. 5. Bid award via Metro Dade contract to Lanzo Lining Systems, Inc. for sewer rehabilitation in various areas throughout the City, in the total amount of $200,000 from 442-5178- 536-61.84. 6. Purchase award through State Contract from Maroone Chevrolet for a '97 Chevy S-10 vehicle for Environmental Services, in the amount of $12,001 from 441-5142-536- 64.20. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER _/t SUBJECT: AGENDA ITEM # ~N - MEETING OF AUGUST 6, 1996 AWARD OF BIDS AND CONTRACTS DATE: AUGUST 2, 1996 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Five year lease purchase from Midrange/~upport and Service, Inc. for City Hall AS/400 disk up~g~ade ($60,521.00) and Police Department AS/400 disk up,de ($26,595.00), for a total cost of $87,116.00, wi~zh financing as follows: $31,750 down payment from 334//6112-519-64.11, and monthly~'?~ payments in the amount of $1/421.96, including maintenance, over the 60 month lease p~iod to be funded from depart- mental accounts. / 2. Bid award to Florida Golf Renovation, Inc. for renovation of two fields at Miller park; Miller Field #5 and Little Fenway, in the amount of $11,635 from 001-4121-572-46.90. 3. Award multiple annual contracts for road construction materials, at an estimated annual cost of $81,361.25 from various Streets and Construction divisions. 4. Bid award to O'Connor & Taylor, Inc. for construction of the Ocean Rescue Headquarters located at Anchor Park, in the amount of $317,853 from 334-4170-572-63.44. 5. Bid award via Metro Dade contract to Lanzo Lining Systems, Inc. for sewer rehabilitation in various areas throughout the City, in the total amount of $200,000 from 442-5178- 536-61.84. 6. Purchase award through State Contract from Maroone Chevrolet for a '97 Chevy S-10 vehicle for Environmental Services, in the amount of $12,001 from 441-5142-536- 64.20. AGENDA REQUEST Date: 07-26-96 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: ~._~_~ Description of agenda item (who, what, where, how much): Approval of five-year lease purchase from Midrange Support and Services Corp for City Hall AS/400 disk upgrade in the amount of $19,250 down and $1,030.99 per month (which includes maintenance) AND Police Department AS/400 disk upgrade in the amount of $12~500 down and $390.97 per month (which includes maintenance). (see attached back-up) ORDINANCE/ KESOLUTION REQUIRED: yES/NO Draft Attached: YES/NO Recommendation: Director of Finance and Information Systems Manager recommend approval. ~r~-~ ~' '~-- 1~i%- ~1%- &~. ~1 ~~ F~W~T~ ~ ~ ~:termination of Consistency wi~p~ehensive P :X:'X City Attorney Review/ Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds): Funding available:~ NO ~ ~]~-D1~%)%~ ~ Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: E~/ NO ~i~i Hold Until: ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved Memorandum To: Joseph Safford, Finance Director From: Richard Zuccaro, Management Information Systems Manager Date: July 11, 1996 Subject: Capital Expenditure - System AS/400 Disk Upgrade Backround: The System AS/400 (Model D70) was purchased on June 7, 1991, with the necessary hardware resources to accommodate the City's automation needs at that time, as outlined in a detailed RFP, with a built-in five (5) year growth factor. On June 7, 1996 we completed the fifth year of operations with the System AS/400. We are currently approaching 80% disk utilization and as a result are experiencing resource (disk capacity) restrictions. The use of the AS/400 system has grown dramatically since its installation, five years ago: 1.Thirteen operational HTE software applications. 2.Stormwater Project 3.The use of the AS/400 to store PC and LAN Server back-up data. 4.Added functionality, with more than 200 users making more effective, productive use of automated resources. 5.The use of the City Hall AS/400 as the "Hot-Site-Backup" for the Police Department's AS/400 Computer. This is a very complex and advanced technical methodology that allows the Police Department, at the flip of a switch, to resume operations of the critical CAD system should their System AS/400 fail. This system, with the highest level of redundancy (two AS/4OO's connected with peer-to-peer communications, operating the Computer Aided Dispatch System in unison on two AS/4OO's) has been successfully implemented and is currently running live. Recommendation: I strongly recommend a disk upgrade to protect the City's information resources from disk failure and provide the City Hall System AS/400 with the additional disk needed to maintain good performance and functionality for the next five (5) years. As part of this request for additional disk storage (which was anticipated at the time of the System AS/400 acquisition), I am recommending that we take advantage of the latest disk technology including RAID 5 redundancy. Additionally, I would also recommend a disk upgrade for the Police Department. Justification for that disk upgrade is attached. In addition to added disk protection (RAID), an additional 23.85 GB of usable disk with a Relative Performance Rating (RPR) of 4.3 (which is an increase of 2.7 RPR over our existing disk drives) will be attained. The MIS Division postponed the acquisition of the disk upgrade in anticipation of IBM's announcement of their newer, faster 9337-580 disk drives in June 1996. We knew that the announcement of the new disk drives would, at the very least, reduce the cost of disk storage. As IBM priced their new (9337-580) disk drives very competitively (the same or lower than their predecessor's 9337-240 & 9337-440 disk drives), vendors were requested to base their quotes on the new IBM 9337 Model 580 Disk Drives. As anticipated by MIS, the quotes for the new disk drives reflect a substantial savings. Based on the proposal selected, we are able to purchase the disk upgrades for the City Hall's AS/400 and the Police Department's AS/400 for less than the amount of our current AS/400 disk maintenance costs. This would be accomplished using only $32,500 (as down payment) of the $38,500 approved in the MIS Fiscal Year 95-96 Budget and without using the $40,000 included in the Police Department's Fiscal Year 1996-97 Budget. The attached quote also reflects monthly costs based on no down payment for your consideration. Although the decision to wait for IBM's announcement has resulted in a very cost effective acquisition for the disk upgrade, the delay in ordering in addition to the slow response from the vendors, has put us in a "time is of the essence" purchasing situation. Proposals for AS/400 disk upgrades were solicited from three (3) vendors. After careful analysis by MIS, I recommend awarding the AS/400 Disk Upgrades to Midrange Support & Services Corp., a local downtown vendor. They provided the lowest cost for the Disk Upgrade, including GigMig and the removal of the old disk drives. Their proposal for the City Hall disk upgrade requires a down payment of $19,250 with a five (5) year lease purchase of $1,030.99 per month. This monthly rate includes maintenance and equates to $106.50 less per month than our current maintenance costs for our existing disk drives. Their proposal for the Police Department's disk upgrade requires a down payment of $12,500 with a five (5) year lease purchase of $390.97 per month. This monthly rate includes maintenance and equates to $7.43 less per month than our current maintenance costs for their existing disk drives. I am requesting City Commission approval of the attached proposal from Midrange Support & Services Corp. for the City Hall AS/400 Disk Upgrade (in the amount of $19,250 down and $1,030.99 per month for the five year lease purchase, which includes maintenance) and the Police Department's AS/400 Disk Upgrade (in the amount of $12,500 down and $390.97 per month for the five year lease purchase, which includes maintenance). DELRAY BEACH POLICE DEPARTMENT FY 1996/1997 BUDGET WORKSHEET CAPITAL IMPROVEMENT PROGRAM (OVER $25,000) Item: Cost JUSTIFICATION: In 1993 we upgraded our AS400 and projected an upgrade in two to three years. This October will be three years. The 9335 disk drives that need replacing were purchased with the original system in 1989 and the technology is very outdated and expensive to cover on maintenance. We are currently at 75% disk utilization. 80% is the threshold maximum recommended by IBM before anticipating problems on the system. We still have several HT.E applications to install, such as digitized mapping, evidence bar coding, alarm billing, parking ticket billing, crackdown and laptop reporting. The Fire Department is in the process of setting up Fire Records and once that is implemented there will be additional demands on the AS400. Currently, we do not store narratives on the AS400, laptops will require narrative storage and greatly increase the amount of storage necessary to maintain the data. The bottom line is an upgrade in disk space is necessary to maintain system availability for officer and public safety and to meet the future growth needs of the Police and Fire Departments. This proposal will replace our 3.4GB 9335 disk array with 9. gGB of raid mode DASD in a 9337 model 440 disk array with a 6501 controller card. This represents an 86% increase in disk and would give the Department's AS400 the additional disk needed to maintain good performance and functionality for the next three to five years. AS/400 Disk Upgrade Bids For Ci~ Hall AS/400 Summary Vendor Description Cost Bay Resources Inc 93370-585 54.47GB DASD $61,753 Miami, Fl. 6501 Attachment Feature 9335 & 9336 Removal GigMIG (migration aid) Midrange Support & Services, Inc. 93370-585 54.47GB DASD $60,521 Delray Beach, Fl. 6501 Attachment Feature 9335 & 9336 Removal GigMIO (migration aid) Champion Computer 93370-585 54.47GB DASD $63,340 Boca Raton, Fl. 6501 Attachment Feature 9335 & 9336 Removal OigMIG (migration aid) A$1400 GIGMIG Statement of Work Customer A~t (ICA). ~e S~m~t of Work ~es ~e ~sk~ to ~ ~ffo~ by IBM, t~o ~b~fies ~o ~e m~ by you, ~e deBv~able ~rl~ Chis to ~s S~t~t of Work co~d fe~t m e~ges to ~e p~ce, s~hed~e, or IBM-R*Sl n lbifi ieS IBM agree~ to: 1. Work with customer to 4, Implant ~ta ~o~ 6, Ve~ ~at ~e DASD ~n~. ~e ~ from ~e ofi~ s~t~ ~eae ~ks ~ cons[dg~ ~mp~te when: The D~D eonf~ ~ ~U lmm ~e o~ syst~, ~d the ~w~ wock ia ~mp~te so t~ ~e ~y~ ~ ~ put back ~to pmd~ion. 3. C~to~ ~ ~s~ible for mo~g ~ ha~ ~d IBM wffi o~y be m~bl* for ~a ~n of ~ a~ ~. a~ to by ~ c~ ~d I~M. er Responsibilities The followin$ respo~ibilitie.s are ~ ad. ion ~o ~ose S~ ~ ~e IBM C~tom~ A~ ~ ~o lo ~ pm~ at no ~ Io IBM, 2. ~0~ s~b~ w~ for ~ 1SM Sy~ ~r ~th phone 4. S~ system ~or Deliverable Mate Completion Criteria [I~M will have fulffll~ its obl~g~lion wnder t~ S~t~ of Work ~h~n cith~ of the fo~o~ ~g * IBM ~mpl~s th~ ~sks ~v~ of ' YOu t~te ~c ptoj~ ~ ~or~ce ~ lh~ t,~s of the IBM ~o~ A~ent. Price $3S00 Pric~g vmc~ ct~a~ding oa t~a ~uks ~ ~ ~o~. You w~ be m~ked upoa th= ~mpl~ion of ~e task. IBM invoices ~e payabtc Midrange Support & Service, Inc. 72 Southeast 6th Avenue (U.S. Hwy 1) Delray Beach, Florida 33483 407 272 5883 Fax 407 272 1733 , City of Delray Beach ,DASD Proposal Present DASD, 9335's, 9336's Purchase Monthly I Brand Model Description Qty. Price Maintenance IBM 9335-A01 'Controller 1 $ $30.00 IBM 9335-B01 DASD 2 $ $165.83 IBM 9336-010 DASD 7 $ $784.16 IBM 9336-020 IDASD I $ $157.50 17GB DASD Total Monthly Cost: ' $1,137.49 I Option 1, 9337-585, 54.47GB, 40.85GB Usable in RAID 5: Purchase Monthly Brand Model Description Qtv. Pric.__.~e Maintenance IBM 9337-585 54.47GB DASD 2 $ 56,921.00 $ 500.00 (2year warranty) IBM 6501 AttachmentCard 1 $ 3.600.00 $ TOtal Sell Price: $ 60,521.00 Downpayment Amount: $ - Amount Financed: I $ 60.521.00 $ 500.00 per month 60 Month IBM Credit Corp. Lease, w/MainLIncl.: $ 1,398.66 Take Away of 9335's & 9336's Included, Plus GigMig Included. Option 2, Same New DASD, $10,500.00 Downpayment: Purchase 'Monthly Brand Model Description Qty. Price Maintenance IBM 9337-585 54.47GB DASD 2 $ 56,921.00 $ 500.00 (2year warranty) IBM 6501 !AttachmentCard 1 $ 3.600.00 $ Total Sell Price: $ 60,521.00 Downpayment Amount: $ (19,250.00) Amount Financed: I $ 41.271.00 $ 500.00 per month 60 Month IBM Credit Corp. Lease, w/Maint, lncl.: $ 1,030.99 Take Away of 9335'$ & 9336's Included, Plus GigMig Included. Prepared for City of Delray Beach All Finance Rates are subject to final approval by IBM Credit Corp. Midrange SuppOrt & Service, Inc. United States Midrange Support & Service, Inc. 72 Southeast 6th Avenue (U.S. Hwy 1) Delray Beach, Florida 33483 407 272 5883 Fax 407 272 1733 City of Delray Beach Police Department AS~400 DASD Proposal Present System. F45, 7,35GB, 64MB: "' PurchaseMonthly Brand Model/Type ,New/Used Quantity ,Price Maint. Charqe IBM 9335-A01 'DASD Controller 2 $ $59.76 IBM 9335-B01 DASD 4 $ $332.00 IBM 93094)02 ,Rack Unit 2 $ ~;6.64 Monthly Cost of Running Present System, 9406-F45:, , , , ,, $398.40 New 9337-585 DASD~ f 6, 76GB, ~f 5K Downpayment: i Purchase Monthly Brand Model/Tv~)e New/Used Quantity i Price Mai.nt-Char.qe IBM 9337-585 ,DASD 1 $ 22,995.00 $250.00 IBM 116501 'Attach. Card 1 $ 3.600.00 Total Purchase Price: $ 26,595.00 Downpayment Amount: $ H2.500.00~ Total Amount Financed, not including Maint.: $ 14,095.00 $250.00 60 Month, IBM Credit Corp. Lease w/Maint~ Included: , $390.97 N~w 9337.585 OASO, !~. 7$OB, $00o~npaYment: Purchase Monthly Bran....__0.d Model/Type I New/Used Quantity Pric.e Maint. Char.qe IBM 9337-585 DASD 1 $ 22,995.00 $250.00 IBM #6501 Attach.Card I $ 3.600.00 Total Purchase Price: $ 26,595.00 Downpayment Amount: Total Amount Financed, not including Maint.: $ 26,595.00 $250.00 60 Month IBM Credit Corp. Lease w/Maint. Included: $629.72 Finance Charges/Rates are subject to final IBM Credit Corp. approval. Midrange SuppOrt & Service, Inc. United States AGENDA REQUEST Date: 3uly 26, 1996 Request to be placed on:, XX Regular Agenda Special Agenda Workshop Agenda When: August 06, 1996 Description of agenda item (who, what, where', how much): Bid Award - Bid #96-49 - Renovation Of Two (2) Separate Fields At Miller Park. Award to low bidder~ Florida Golf Renovation Inc. at a total cost of ..(Renovation of Miller Field #5 and Little Fenway) ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low bidder~ Florida Golf Renovation, Inc. at a total cost of $11,635 for the renovation of two fields at Miller Park. Bid #96-&9 Funding from account #O0I-A] 21-572-46.90 Department Head Signature~/~~ ~ ~.~~ 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: 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: Jacklyn Rooney, Senior Buyer ~ THROUGH: Joseph Saffor~nance Director DATE: July 26, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING AUGUST 06, 1996 - BID AWARD - BID ~96-49 RENOVATION OF TWO (2) SEPARATE FIELDS AT MILLER PARK Item Before Commission: The City Commission is requested to award to low bidder, Florida Golf Renovation Inc., for the renovation of two (2) separate fields at Miller Park, at a total cost of $11,635. Background: The Parks and Recreation Department has a need for infield renovation of two (2) separate fields at Miller Park (Miller Field #5 and Little Fenway). Scope of work includes earthwork and sodding. Bids were received on July 09, 1996, from six (6) contractors, all in accordance with City purchasing procedures. (Bid #96-49. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Director of Parks and Recreation and Recreation Superintendent have reviewed the bids received and recommend award to low bidder, Florida Golf Renovation Inc., per attached memo dated July 18, 1996. Recommendation: Staff recommends the award to low bidder, Florida Golf Renovation, Inc. at a total cost of $11,635. Funding from account #001-4121-572-46.90. Attachments: Tabulation Of Bids Memo From Recreation Superintendent Dated 07/18/96 cc: Joe Weldon, Director Of Parks And Recreation Pamela Post, Recreation Superintendent I:IT¥ OF OELRfl¥ BEI:I£H DELR^¥ BE^CH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmericaCity TO: JACKIE ROONEY, SENIOR BUYER FROM: PAMELA POST, RECREATION SUPERINTENDENT THROUGH: JOE WELDON, DIRECTOR OF PARKS AND RECREATIONI'~ / DATE: JULY 18, 1996 BID #96-49 I have reviewed Bid #96-49, Renovation of two fields at Miller Park, and have contacted the appropriate references. I would like to award the bid to Florida Golf Renovation (low bidder) and ask that you prepare the commission agenda request for it. Thank you for your assistance with this process. If you have further questions, I may be reached at ext. 7256. TI4E EFFORT ALWAYS MATTERS Printod on Recycled Paper CITY OF DELRAY BEACH TABULATION OF BIDS BID #96-49 RENOVATION OF TWO (2) SEPARATE FIELDS July 09, 1996 AT MILLER PARK Florida Golf Haverland Blackrock Young Development VENDOR Renovation. Inc. Corn. Int. Total Bid ~rice Miller Field #5 3,963.00 5,104.80 4,297.29 Total Bid Price Little Fenway 7,672.00 6,676.89 7,639.64 Field Grand Total Bid Price: 11,635.00 11,781.69 11,936.93 C°mple'ti0'n "Of 21 calendar days after 28 calendar days after 14 calendar days after Project receipt of notice to receipt of notice to receipt of notice to proceed proceed proceed !Comment s / "' Subcontractor - Exceptions Meyers Turf Tabulation Cont ,i CITY OF DELRAY BEACH TABULATION OF BIDS BID #96-49 RENOVATION OF TWO (2) SEPARATE FIELDS July 09, 1996 AT MILLER PARK Phoenix Hayes Habana Construction Tucker Environmental' VENDOR Inc. & Trucking .... Contractors Inc. ~Total Bid Price' Miller Field #5 7,107.00 8,855.00 12,300.00 Total Bid Price Little Fenway 9,727,36 12,920.00 21,468.00 Field Grand Total Bid Price: 16,834.36 21,775.00 33,768.00 Completio~ of 4~' cal~ndar'dayS 'after" ~0 ~l~nd~r'days after 30 calendar days after Project receipt of notice to receipt of notice to receipt of notice to proceed proceed proceed C°n~ents/ T'otai ~id' price does Exceptions not include if repair work is needed due to equipment travel from .parking lot to base- ball fields / Agenda Item No.: ~3 AGENDA REQUEST Date: '3uly 30, 1996 Request to be placed on-, XX Regular Agenda Special Agenda Workshop Agenda When: A,,~11.qt (]~,: ]QQ6 Description of agenda item (who, what, where~ how much): Bid Award- Award to various ~en4ors at an estimated annual cost of $81,361.25 for City of Delray Beach. This is a FY 96-97 Budget Item. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to various vendors at an estimated annual cost of $81.361.2~ for City of Delray Beach. Funding from various department's (Streets Division and Construction Division) operatinK budKets. Department Head $ignature:~~-'~'~.~~ etermination of Co s' stenc~ w_~t'h Comprehensive PI&n: 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: 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: Jacklyn Ro~ior Buyer ~ THROUGH: Joseph Saff~nance Director DATE: July 30, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING AUGUST 06, 1996 - BID AWARD - BID #96-42 CO-OP BID - ROAD CONSTRUCTION MATERIALS - ANNUAL CONTRACT Item Before Commission: The City Commission is requested to award multiple annual contracts for Road Construction Materials to vendors listed below, at an estimated annual usage of $81,361.25. Background: The City of Delray Beach is the lead organization for this Co-op Bid. Nine (9) vendors submitted bids on June 26, 1996, based on estimated annual quantities from seven (7) governmental entities. (Bid #96-42 on file in the Purchasing Office.) A tabulation of bids is attached for your review. Delivery Costs: A separate schedule of pricing sheet was included in bid specifications for delivery to each participating entity. Pick-Up Prices: To obtain a more accurate cost for picking up road construction materials with City trucks, total cost concepts were placed in the Co-op specifications (this cost was calculated by sending a driver to pick up a load of road rock and the average multiplier for annual vehicle costs and hourly personnel costs). Awards are to be made individually by each participating entity based on an average cost of $.72 per mile that each entity adds to the truck load price. Each entity clocks the round trip distance from their respective facility to each vendor's pick-up site. In addition to the unit price of the material, now the costs involved in picking up the material are also considered in determining the true low cost to each entity. Attached for your review is a revised tabulation sheet showin9 Delray's cost per truck load for each vendor. Recommendations are being made to vendors with the low truckload cost. The recommended vendors for the City of Delray Beach are as follows (see attached breakdown for the City of Delray quantities): Vendor Est. Dollar Amount East Coast Asphalt $ 15,750.00 Hardrives of Delray 31,450.00 Community Asphalt 3,152.50 Austin Tupler 10,148.75 L.B. Trucking 20,860.00 Total $ 81,361.25 The Deputy Director of Public Works and Construction Manager have reviewed the bids and recommend awards as stated above. Recommendation: Staff recommends the multiple awards as outlined above. Funding from department's operating expense budget. Attachments: Memo To Co-op Members and Tabulation Of Bids Memo From Deputy Director Of Public Works and Cost Analysis for City of Delray Beach cc: Robert Barcinski, Asst. City Manager Hoyt Owens, Deputy Director of Public Works Scott Solomon, Superintendent Streets and Traffic Howard Wight, Construction Manager CITY OF DELRAY BEACH ESTIMATED USAGE PICK-UP MATERIALS GROUP A: 1. Type S- 1 Asphalt 250 tons East Coast $26.25 $6,562.50 ~'. Type II Asphalt 100 tons East Coast $26.25 ...... $-~..0C) 3~Type .................................................. III Asphalt 250 tons 4.~5'0Ld_Pa!ct~al, 'L ........ ~ ~ .~_'157oa~_ GROUP B: I , !-i. Crushed Course Limerock ..... gS~ t-o-~- Hardrives $10~O0/ton Sg,gO0.o0 l~:~-tE~h-Shell Rock .... ~00~y~-rd~ ...... !4: Dr~ir~f~id--I~ock ............ I .... ~J O0 ion~ i 7. Precast Car Bumper w/pins 200 each Hardrives_ Total For Pick-Up Materials $35,852.50 CITY OF DELRAY BEACH ESTIMATED USAGE DELIVERED MATERIALS GROUP A: [~E}~e ~1 Asphalt 250 tons Hardrives I $31.00/ton J_ $7,7-50.-~-- 1 [-3 Ty~-e Iii ~ ...... 250__!0n_s_ ........ Hardrives $31 007~0~- - '~,,7~0.~-I _~ GROUP B: 1. Crushed Course Limerock 1,35~ tons Austin Tupler $6.65/ton $8,977.50 2. Pit Run Shell Rock 600 cy L.B. Trucking $6.90/cy $4,140.00 z,. Dra~nfield Rock 400 tons L.B. Truckin~ $8.05/ton $3,220.00- 5 ,~st Mason Sand 25 tons Austin Tupler $6.85/ton $171.25 8, Crushed Concrete (Recycled) 1,500 cy L.B. Trucking $9.00/cy $13,500.00 Total for Delivered Materials $45,508.75 REF:BIDS.XLS/sdl/7/18/96 [lTV OF DELAflV BEfl£H ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AIl-~mC~ , ] BID ~96-42 Cc-dp Bid "Road Construction f~aterials" ]Dear Hember~; As the City of Delray Beach is the lead entity for this Co-op Bid, attached you will find the "Tabulation of Bids" sheets and copies of all original bi~J~ received in Purchasing on June 26, 1996. The schedule of pricing for Pick-up Prices will be awarded individually per each participating entity based on the pick-up cost of $.72 per mile that (each en~ity will add to unit price for round trip travel miles from their respective ~arage to the vendor(s) site. (Note: pa~e 7, section I of the bid s~ecifications. ) The schedule of pricin9' for Dok. ivered Price %3ill also be awarded individually per each participating entity. Entities which requested Delivered Prices are as follows: City of Boynton Beach, City of Boca Raton, City of Delray Beach, City of Belle Glade, and Solid Waste Authority. If yo.~ have any questions, yo~3. ~aay reach me at (55~%} 243-7!63. EJ Jacklyn Rooney Senior Buyer Attachments cc: City of Boca Raton City of Riviera Beach City of Boynton Beach City of Deerfield Beach City of Belle Glade Solid Waste Authority of Palm Beach County THE EFFORT ALWAYS MATTERS Pr;bted o~ Recycled Pap,~r CITY OF DELRAY BEACI1 TABULATION OF BIDS BID #96-42 June 26, 1996 CO-OP BID ROAD CON~;TRUCTION M-~TERIALS PICK-lIP MATERIAl, GROUP A - Ro'ad Materials - Asphalts [' D.S. Eakins East Coast Googe Community Southern llardrives Austin Tupler t..g. Truckfng & Re~dy ITEM DESCRIPTION ~onstructJon Asphalt Corp. ~ranspgrt Inc Asphalt Corp Aggregates of Delray %ne Trucking Inc. Ext. Inc. Repair Inc. 1. Type S-1 ~sphaIt 26.2~ ton ~ 27.50 ton ~ 27.00 ton ~ 29.00 ton 2. "Type II Aspha]t 26.25 ton~ 27.50 ton/ 27.00 ton~ 29.{)0 ton ~ 3. Type III Asphalt 26.25 ton/ 27.50 ton 27.00 ton 29.00 ton 4. Crushed (recyc] ed) Asph~ t 8,50 to. 8.50 ton* 5. Cold Pat~:h Asphalt 48.50 ton / 35.00 ~on ~ 6. RC~70 Tac 7. Permanent Cold Patch 48.50 ton / 45.95 ton (ton) Permanent Col~ Patch (55 lbs.) 10.50 pail 7.00 pail~ (45 lbs. ) (Pails p/lb.) PICK UP MATER[AL GROUP B - Road Mate ials - Non-Asphalt 1. Crushed Course 10.00 ton / 2.52 ton ~ 2.55 ton Limarock 2. Pit Run Shell Rock 6.75 yard~ 3.52 t~/~ 6.10 yard 2 ,~/Vd~ 3. S~abilizer / Rock #24 4.00 ton / 9.00 ton ~ 2.55 ton / 3.75 ton 4. Drainfield Rock 3/4" 10.00 ton / 14.50 yd/_ 12.~0 ton / 4.25 ton ~ 3.85 to~ _ 5. Best Mason Sand 13.00 ton ~ 3.75 ton / 3.75 ton 6. Clean Fill Dirt 3.00 yard ~ 1.80 yd = ~ 2.55 yard ~ 2.35 yard 7. P~ecast Car Bumpers/w pins 15.O0 each~ 10.9~ each 8. C~:ttshed t Recycled Concrete 7,00 cu yd~/ 7.10 cu yd~ StatePrecise Pi~[ #3,4. & 6 1790 NW 27 St. 7795 ltooper ,roup A l & 4 Group A - 2741 SW 36th  Farms Road 3300 SW 11 St. 1200 ~;. Power-Quary, 122.d So. Blw]. La~derda~e West Palm Deerfleld Bch ]]gne Road ~ Ave NW 186th SR 441 fl8 ' ~r 2101 S. S~. Miami Group B - ~00 R~nker %ongress Ave. #2 & 3 Ryan, ~f[ R~nker Way, Lake Delrav. Lox PJ~ ;'"~ Worth ~R.A.P. (4)on Lox Road 4.5 #2,5,6, 500 BenoJst mvailability [miles W of 4~1 Rowa~ Pit Farms Road ~roup B Parkland Boynton ~B -- #1,3,4,5,7 ~5, 6 Rowan ~3, 4 Sunshine Railroad Ave 2101 S ~n~ess 2 miles' N of Pit (SR27) Lake Park Delray, Boynton Bch ~8 D.S. Eakins 2 & 6, Blvd. on W. (Lake Park) ~Loxahatched' side of 441 'Entr. Pit , ~7 Cement i5 miles w of ~ Craft, 2200 SR 4/+1 on N D~xie Lox Road ~ ~ 0 O~ 0 0 0 ~ 0 0 ~ 0 O~ 0 0 H ~ ¢ 0 ~u ~ 0 0 0 A~ENDAREQUEST Date: July 31, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: August 6, 1996 Description of item (who, what, where, how much): Staff request City Commission award a construction contract to O'Connor & Taylor, Inc., in the amount of $317,853.00 for construction of the Ocean Rescue Headquarters Facility located at Anchor Park. Funding is available from Account No. 334-4170-572-63.44. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission award a construction contract to O'Connor & Taylor, Inc., in the amount of $317,853.00 for construction of the Ocean Rescue Headquarters Facility located at Anchor Park. 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 alternative~' ~ ~ ~ , _ (i~, applicable) NO. & De~cription[~_~q0-~'7~ ~Z~ ~A ~'~.~ Account ' - ' '[~i~~ -~~/~ Account Balance -~Z%~ ~m City Manager Review: Hold Until: ~' Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9515\agreq806 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila, R. Af~ Construction Mahager Date: July 31, 1996 Subject: AGENDA REQUEST 8/6/96 Ocean Rescue Headquarters Project No. 95-15 Attached is an Agenda Request for City Commission Award of Bid to O'Connor & Taylor, Inc., for construction of the Ocean Rescue Headquarters Project. On July 30, 1996, eleven bids were received and O'Connor & Taylor, Inc. was the lowest bid received, in the amount of $317,853.00. The architects opinion of cost for this project was $324,192.00. Following is the bid tabulation. NO Bidamount ~: :~ : 1 O'Connor and Taylor, Inc. ~I7~853,~ 2 Reliant Construction, Inc. $333,100.00 3 Rovel Construction, Inc. $348,700.00 4 R.L. Construction, Inc. $359,172.00 5 Associated Construction, Inc. $370,567.00 6 RPM General Contractors, Inc. $3 71,711.00 7 Double E Constructors, Inc. $380,710.00 8 Brooks Builders, Inc. $388,381.00 9 Castle Florida Building Corp./Strasberg Corp. $397,010.00 10 Psenergi Construction Group, Inc. $400,000.00 11 Majestic Group Enterprises, Inc. $442,010.00 Funding is available from Account No. 334-4170-572-63.44. cc: William Greenwood Joe Weldon Agenda 8/6/96 file File 95-15 (A) esd\9515~agmemS06 _ ~ (BID FORM) Prupos~]of~ O'Connor & Tay£or, inc. (Contractor) 3892 Prospect Avenue, Suite 7, West Palm Beach, Florida 33404 (Address) to furnish and deliver all materials and to do and perform all work in accordance with the Con- tract Documents for the Project entitled: OCEAN RESCUE I-IEADQUARTERS CITY OF DELRAY BEACH PROJECT NO. 95-015 To: Purchasing Officer City of De[ray Beach, Florida 100 NW 1 st Avenue De[ray Beach, Florida 334~4 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Conu'act Documents. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid wilt re- main open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time spec/fled, the CITY has the authority to rescind the bid award and retain the bid security wkieh shall be forfeited as liquidated damages. P-1 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contract Documents and of the following addenda: Number Date Number Date On~ 713196 TWO 7119/96 receipt of ail of which is hereby acknowledged and also copies of the Advertise- ment for Bids and the Instmcfiom to Bidders; b. Bidder has examined the site and locaiity where the Work is to be performed, the legai requirements (federal, state and locai laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. c. This Bid is genuine and not made in the interest of or on behaif of any undis- closed person, fm-n or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a faise or sham Bid; Bidder has not solicited or induced any person, firm or a corpo- ration to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no City offi- ciai nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relates, to any person associated with the firm per- forming the work, or to the profits resulting from the work. [Remainder of this page left blank intentionaily] P-2 5. Bidder agrees that the Work will be substantially completed within 173 calendar days af- ter the date when the Contract Time commences to nm, and completed within 15 calendar days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The undersigned agrees as follows: Accompanying this Proposal is a certified check, cashier's check or bid bond (5% of total Bid Price) meeting the requirements of the Contract Documents for $ 5% payable to the City of Del_my Beach which is to be forfeited if, in the event that this Pro- posal is accepted, the undersigned shall fail to execute the contract and furnish satisfac- tory Contract Security and fum/sh insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be rerarned as provided herein. 7. Communications concerning this Bid shall be addressed to the Bidder as indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Consumc- tion Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SuSn~ed on July 30, 1 996 (If an individual, partnership, or non-incorporated organization) Signature of Bidder By Address of Bidder Signature of Bi ~/BBy J.E. Ta~r,~II, President Corporate Seal AdclressofBidder 3892 Prospect Avenue, Suite 7 West Palm Beach, Florida 33404 Incorporated under the laws of the State of Florida P-4 ¢.) Certificate of Competency number CGC 04331 8 d.) The names of the corporate officers, or partners, or individuals doing business under trade name, is as follows: J.E. Taylor, III, President Frank S. O'Connor, Vice President Signature 0f Bidder ~~--~'~-- -' ~~~ylor >III Name President Title Business Address 3892 Prospect Avenue. Suite 7 West Palm Beach, Florida 33404 Incorporated under the laws of the State of Florida [Remainder of this page left blank intentionally] P-5 David Miller and Associates, P.A. David Miller, A.I.A., NCARB pROPQ~;ED SCHEDULE BEACH PATROL FACILITY May I4, I996 100% Construction Documents lune 19, 1996 Advertisement for Bid June 23, 1996 Bid Period June 24, 1996 -- July 30, 1996 Notice to Proceed August 26, 1996 Substantial Completion February 14, 1997 Final Completion March 3, 1997 City Setup & Move in February 12, 1997 - March 3, 1997 City Operational March 3, 1997 Architecture · Planning · Construction Management · Interior Design 319 Clematis Street Suite 210 W~t Palm Beach, Florida (407) 655-1775 Agenda Item No.~~' AGENDA REOUEST Date: July 31, 1996 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: August 6, 1996 Description of item (who, what, where, how much): Staff re_quests Commission approval to piggyback a Metro Dade Sanitary Sewer Rehabilitation contract with Lanzo Lining Systems. Inc. in a total ~mQun~ of $~Q0,000.00. Sewer rehabilitation method is cured-in-place pipe ~iner. Work will be performed in various areas throughout the City as directed by staff based on priorities established through review of chloride and flow monitoring programs, as well as historical data on systems with chronic sinkhole problems related to sewer pipe failure. The contract is proposed with a 12 month term with funding from R. & R. ACcount #442-5178-536-61.84. Manhole Rehabilitation. ORDINANCE/RESOLUTION REQUIRED: YES. DRAFT ATTACHED YES~ Recommendation: Staff recommeDds approval of piggyback contract with Lanzo Lining Systems for Sewer Rehabilitation. 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 :~JS2/NO /~if appllcable) Funding alternative~- ~77~-~ ~(-~ ~/ Account No. & Des~r~pti~on Account Balance City Manager Review: Approved for agenda: ~/NO ~' Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Di sapproved File: Project No. 95-035 AGREQ806. DOC DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Richard C. Hasko, P.E. Asst. City Engineer DATE: July 31,1996 SUBJECT: Sewer Rehabilitation Contract Attached is an agenda request for Commission approval to piggyback a Metro Dade County contract for Sanitary Sewer Rehabilitation with Lanzo Lining Systems, Inc. The method of sewer pipe rehabilitation is cured-in-place pipe lining. Based on similar work performed by various vendors for the City, staff views Lanzo Lining Systems, Inc. as providing the most time and cost efficient product. The proposal is for a 12 month term with a contract amount of $200,000.00. Work will be 'performed in various areas of the City as directed by staff, based on priorities established through review of chloride and flow monitoring programs. Priority will also be given to systems with a history of chronic sink hole problems related to sewer pipe failure. Funding for this contract is available in R. & R. account #442-5178-536-61.84, Manhole Rehabilitation. Please place this item on the agenda for the August 6 regular meeting. RCH:mm cc: William H. Greenwood, Director of Environmental Services Mike Offie, Manager Water/Sewer Network File: Project No. 95-035 (A) AGREQ806.DOC · Agenda Item No.: AGENDA REQUEST Date: AuKust 2, 1996 Request to be placed on:. X Regular Agenda Special Agenda Workshop Agenda When: August 6~ 1996 Description of agenda item (who, what, where, how much): City Commission is requested to approve the purchase of a new vehicle from State Contract for the Environmental Services Department/Industrial Pretreatment Program (IPP). Approval was provided in the current fiscal year budget for an additional vehicle for a new position, Environmental Analyst/Inspec.tor, in the Environmental Services Department. ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES~ Recommendation: 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: ~.~ES~/ NO Funding alternativeS:-/ ~Account No. & Oescript~on~ ,~--~!(~: ~.~I~.~--~U~~~~ ~c~ount Balance: ~Q_~t ~ ~~ City Manager Review: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproued [ITY I]F EIELARY BEI:I[H DELRAY BEACH ~ 100 N.W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-/a~ericaC~ 1993 TO: David T. Harden, City Manager FROM: ~ Robert A. Barcinski, Assistant City Manager SUBJECT: Consent Agenda Item #~'/~ity Commission Meeting, August 6, 1996 Bid Award - New Vehicle DATE: August 2, 1996 ACTION City Commission is requested to approve the purchase of a new vehicle from State Contract for the Environmental Services Department/Industrial Pretreatment Program {IPP) per staff recommendation. BACKGROUND Approval was provided in the current fiscal year budget for an additional vehicle for a new position, Environmental Analyst/inspector, in the Environmental Services Department. Maroone Chevrolet has agreed to provide the recommended vehicle at FY '96 prices with a 60-90 day delivery time. RECOMMENDATION Staff recommends bid award as follows: Unit Ext. Contract Number Year/Vehicle Qty. Vendor Cost Cost 070-500-140 '97 Chevy S-10 1 Maroone Chevrolet $12,001 $12,001 NET TOTAL @ $12,001 Funding to be provided as follows: Environmental Services Dept. Account #441-5142-536-64.20 TOTAL @ $12,001 HO/sdl cc: William Greenwood REF: HO/080196A.MEE THE EFFORT ALWAYS MATTERS AI_IF;--01--'D6 THU 10:58 AM MAROONE FLEET .-5054~:D50~ P. 01 RECEIVED AU6 0 1 1996 PUBLIC WORKS BROWARD: 433-3300 8600 PINES BLVD. (S.R. 820) DADE: 621-3614 PEMBROKE PINES, FL 33024 TOLL FREE: 1-80GCAR-COST August 1, 1996 Riohard Sandell City of Delray Beach 100 NW 1 Avenue Detray Beaoh, FL 33444 Dear Richard, Per our conversation earlier this morning, this lelter is to inform you that the State of Florida has requested and we have aecepted an exleflsion of the ~rttrac~ for S10 pickup trucks, ~nmodity number 070-500-140, for the period 1996 thru t997. Pricing shall remain the same asthe previous contracL If you have any questions please do not hesitate to call. National Fleet Manager RECEIVED MEMORANDUM To: Hoyt Owens, Deputy Director Public Workslv, PUBLIC WORKS From: Richard V. Sandell, Fleet Maintenance Superin .~d,~t Date: August 1, 1996 Subject: PURCHASE O1: VEHICLE FOP, IPP PROGRAM The vehicle approved in the budget for the Industrial Pretreatment Program, a Ford Escort, is not available. Maroone Chevrolet has extended the State Contract through 1997. The Chevrolet S-10 compact pickup is available for delivery October 1996, priced as follows: Contract # Description Price 070-500-140 1997 Chevy S-10 $10,770.00 Option 5001 Air Conditioning 656.00 Option 9904 Extended Warranty 5/75 575.00 Total $12,001.00 The Ford Escort, comparably equipped, would cost $12,332. Bill Greenwood has been advised of the differences and agrees with the recommendation that we purchase the S-10. Funds are available from Acct #441-5142-536-64.20 cc: Robert A. Barcinski, Assistant City Manager Dan Pattavina, Fleet Supervisor file HOFLMT32.DOC Page ! of I , . RECEIVED JUL 3 I 1996f MEMORANDUM///J ? P~K$ To: Hoyt Owens, Deputy Director Public Works/~ From: Richard V. Sandell, Fleet Maintenance Sup~te~nt Date: July 29, 1996 Subject: IPP VEHICLE Contract Model Dealer Cost with Availability Number Options 070-200-077 Ford Escort Duval Ford $12,277.00 None 070-200-140 Cavalier Maroone 11,986.00 Contract extended thru 97 070-200-310 Olds Ciera Maroone 13,025.00 1 070-500-410 Dodge 150 Regency/Hill- 13,450.00 None Kelly 070-500-1 40 S-10 Pickup Maroone 12,001.00 Contract extended thru 97 F150 CNG Friendly Ford S-10 Pickup Dennis Fronrath 14,163.00 1 Ranger Wallace Ford Not bidding None cc: Robert A. Barcinski, Assistant City Manager Dan Pattavina, Fleet Supervisor file HOFLMT29.DOC Page I of 1 MEMORANDUM TO: MAYOR AND CITY CO~4ISSIO~ FROM: CITY MANAGER ~ I SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF AUGUST 6, 1996 CITY HAT,T, ENVELOPE PBDJECT DATE: AUGUST 2, 1996 The attached memorandum outlines the recent action taken by the Site Plan Review andAppearance Board withrespect to the City Hall Envelope Project. I am presenting it for Commission consideration to either ratify SPRAB's action or provide alternate direction. As indicated, the architect will be present at the August 6th meeting, prepared to make a brief presentation. Recommend Commissiondiscretion. ref:agmemol0 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila, R.A. ~¢0 Construction Mami{ger Date: August 1, 1996 Subject: City Hall Envelope Project Project No. 95-60 On July 31, 1996, the City Hall Envelope project was reviewed by SPRAB. The main purpose of this review was to establish the buildings color palette. Two schemes were reviewed, one basically re-uses the existing colors and the second one is two tones of yellow, with white trim and green accents. The SPRAB Board selected the yellow scheme and requested that the architect make them slightly darker, to allow for the natural fading of the paint. Lengthy discussion revolved around the perforated storm panels which are being considered. The color of the frame was not totally agreed upon, so we suggested we put that part offto a later date. However the concern with the panel was their image of how the building would look once these panels were in place. They agreed to approve the panels with reservations and I agreed to provide more information on the product so they would become more familiar with it, and hopefully more comfortable. Finally, the Board was concerned with the limits of the project, specifically thc one story north wing. I told them that we were intending to paint with only one of the two yellow tones, and rework only the four east facing window eyebrows, at this time. They wanted both tones and all windows. The motion generally was as follows. * approved the elevations and landscaping * approved the yellow, white and green color palette * approved the perforated storm panels, with reservations * made a condition that the north wing be painted (2 tone w/score line) within 24 months The architect will be at the City Commission meeting of August 6, 1996, prepared to make a brief presentation. cc: William Greenwood Janet Meeks File 95450 (A) esd\9560~sprabmct I:IT¥ IIF EIELIlI:I¥ BEI:II:H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmericaCity TO: David T. Harden, City Manager FROM: ,~obert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item # ~Z~ City Commission Meeting August 6, Reconsideration of Interlocal Agreement / Seacrest Property DATE: August 2, 1996 ACTION City Commission is requested to reconsider the Interlocal Agreement with the School Board for the Seacrest Property, consider options being proposed by School Board staff, and provide staff direction on this item by. BACKGROUND On June 18, 1996, City Commission approved an Interlocal Agreement with the School Board for the Seacrest Property in anticipation of School Board approval on June 19, 1996. The Agreement was pulled from the June 19th School Board agenda due to objections raised by a Board member concerning the level of commitment to Phase II, i.e., "beginning construction of Phase II within three years after the completion of Phase I." A review of School Board action taken in October 1995 indicated that the Board committed fully to Phase I, but did not commit to funding Phase II. Alternative language was discussed with the School Board staff in an effort to strengthen the Board's commitment to Phase II. The Agreement, with revised additional language (copy attached), was approved by the School Board on July 9, 1996. On July 9th, as a non-agenda item, the revised Agreement with the proposed additional language was discussed by City Commission. Commission rejected the language addition in Section I, Paragraph I, and directed staff to inform the School Board staff that the language was unacceptable, that Commission expected a full commitment to Phase II, and that Commission expected a response by July 23rd. I did send a letter to the Superintendent (attached), however, in an effort to possibly save the project did suggest some alternatives. At Commission's July 23rd meeting a request from Ms. Shetler to delay action until August 6th to give staff additional time to work on this item was approved by City Commission. THE EFFORT ALWAYS MATTERS Printed on Recycled Paper Agenda Item # Page 2 At their meeting on July 31st the School Board did discuss this item as a non-agenda item and directed their staff to negotiate with the City to try to remove objectionable language. The Board also indicated that if both staffs could come to an agreement that was acceptable to City Commission on August 6th, then the School Board would reconsider a revised Agreement at their August 21 st meeting. Three options are being presented by the School Board staff for City Commission's consideration. Option 1 is to have a portion of the property revert back to the City in the event Phase II is not begun in the specified time frame, Option II is a revision to the language in Paragraph I, and Option III outlines the investment in Phase I that impacts and is part of Phase II and involves no changes to the Agreement approved by the School Board on July 9th. A more detailed summary of the options is attached. Representatives of the School Board staff and the neighborhood will be in attendance at the meeting and have requested that they be allowed to speak on this item. RECOMMENDATION Although the options do not guarantee a funding commitment to Phase II as requested by City Commission, I think in an effort to move forward with the facilities needed by our high school students, that the option to have the property revert back to the City is acceptable and would recommend consideration of this option. With this option we would get back a site on which we could do another project, along with already constructed parking. If City Commission agrees to any of these options, I would request a vote of approval directing staff to finalize the specific language for the Agreement. RAB:kwg Attachments File:u:graham/agenda Doc.:Seapro. Rev 8-02-1996 3:48PM FROM PLANNING AND REAL ES 561 434 8187 P_2 ATLANTIC SENIOR HIGH SCHOOL/ SEACREST PROPERTY DEVELOPMENT INTERLOCAL AGREEMENT OPTIONS OPTION 1: Conveyance of subject property with reverter for Phase II. Summary & Analysis: In thc event that thc SCHOOL DISTRICT (for whatever reason) docs not commit construction funds within the time frame specified in paragraph F, the City of Delray Beach would retain rights of reversion for the land required to bnild the gym, and the claim of a proportionate share of the total parking spaces 0ess those spaces reserved absolutely and specifically to Palm Beach County) to be allotted through a shared parking agreement. The intent here is to provide the City with the opportunity to complete a project of the city's discretion. These rights of reversion and the attendant implementation details will be spelled out in an addendum to the inteflocal agreement. OPTION 2: Amend existing language as approved by the SCHOOL DISTRICT July 9th, 1996; specifically, paragraph I would be revised as follows: "I. The full faith and credit of the SCHOOL DISTRICT is not pledged for payment of such sums contemplated for Phase Il and such sums do not constitute an indebtedness of the SCHOOL DISTRICT within the meaning of any Constitutional or Statutory provisions or limitations. Neither party to this agreement may compel the other for the levy of Ad Valorem taxes or other funds authorized by the law and regulations of the State of Florida for the payment of monies necessary to complete Phase ][[." Summary & Analysis: The deletion of the first and last sentences of this paragraph leave intact the principal intent of the paragraph, that is, to reiterate the requirements of Florida State Law which pro~;ribe that no funds can be encumbered until the applicable fiscal year specified in paragraph F (within three years of the completion of Phase I). The net result of the change in the paragraph will be to raise Phase II to the top rank of Capital Projects priorities for that fiscal year. The change does, however, eschew a specific funds allocation, though the implication of a major and binding commitment is clearly made. OPTION 3: Acknowledge that the significant initial investment and programmatic elements to be completed in Phase I evidence a substantial Phase II commitment. 8-02-199G 3:~gPM FROM PLANNING AND REAL ES G61 J3~ 8187 P_3 Summary & Analysis: As the attached chart indicates, the intended construction program for Phase I results in a major expenditure of dollars for all (Phase I and Phase II) required infrastructuxe, parking, landscaping and equipment that is integral to the expansion of this project within the time frame specified in the interlocal agreement. For example, all HVAC equipment that will serve the entire project will be installed in Phase I. In addition, the electrical room and common spaces (such as bathrooms) will be installed in Phase I. Finally, the entire project will be designed (except for the final construction plans for Phase II) with Phase I monies. 8-02-1996 3:06PM FROM PLANNING AND REAL ES B61 434 8187 FACILITY SPA.CE SUMMARY: ATLANTIC SENIOR_HIGH SC, HOOI, (Showing Phase l/Phase II Programmatic Commitments and Overlap) ..... PHASE ONE.., # of Are~ Description of A~'~$ Sq. Ft. Pcr Unit '~1- i;t. Tolml 2 Dressing Room 1,050 :2, 100 :2 Locke. r 175 350 2 Rcstrooma (student) 175 350 2 Shower (student) 175 350 2 Drying 175 350 2 Teacher Toilet/Shower 66 132 2 Laundry/Towel 175 350 Weight Room 1,000 Wrestling Room 1,680 Gymnastics 1,050 First Aid 260 2 Teacher Planning for 5 Teachers 150 300 Custodial Storage 25 Training Room 250 PHASE I PROGRAM INCLUDES: Subtotal Net Square Fet~t 8,547 ~ Total Site Development of Parking, Landaeaping, Mechanical ~6% 513 Drainage, Undergrouud Utilities & S~rvices for both Phase I Total Net ,Square Feet 9,060 Pha~ I & II. Circulation, Walls. Etc. ~ 34% 3,0Il0 · Phase II Schemafie Iler, ign (30'/.). + The Equipment, HVAC, & Electrical Ronma for Phase Phase I Gross Square Feet 12,140 II will be includ~l in Phase I Building. _. . . . PH&SE H # of Areas Description of Areas Sq. ~'t. Per ][Init ~q. Ft. Total Gymnasium Flooor 6,800 PE Storage 788 Gymnasium Seating (2.000) 6,400 Gytrmmsium Storage 260 Lobby 850 Concessions 200 2 Ticket Booth 30 60 Public/Student Toilets 1,536 Custodial Storage 25 Subtotal Net Square Feet 16,919 Mechanical ~ 6% ~1.015 Total Net Squarc Fcet 17,934 Circulation, Walls, Etc. ~ 34% ~ Phase I1 Gross Square Feet 24,032 Project Total Grosa Square Feet 36~1.~_~ This Instrument Prepared by: Jan Hansen with Robert A. Rosiilo and should be returned to: Robert A. Rosilio, Associate Counsel The School District of Palm Beach County 3318 Forest Hill Boulevard West Palm Beach, Florida 33406-5813 INTERLOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH THIS AGREEMENT, entered into this ~ day of ,1996, between the SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida, (hereinafter referred to as "SCHOOL DISTRICT") and the CITY OF DELRAY BEACH, a Florida municipal Corporation, (hereinafter referred to as "CITY"). WITNE S S E TH: WHEREAS, it is the intent of the SCHOOL DISTRICT and the CITY to encourag~ and ensure cooperation between and among the local govemmental entities to provide for the coordination of d~velopment activities of units of local government; and WHEREAS, the SCHOOL DISTRICT is the controlling body of the Public Schools of Palm BeaCh Coun .ty, Florida, and owns and operate schools in the City of Delray Beach; and WHEREAS, the SCHOOL DISTRICT and the CITY recognize the needs, on occasion, to utilize the facilities of the other, thereby minimizing the duplication of facilities; and WHEREAS, the crrY under its powers, desires that its residents have reasonable use of certain parts of the school facilities when not in use for educational or program purposes established by the SCHOOL DISTRICT; and WHEREAS, the CITY, and the SCHOOL DISTRICT, have entered into a collaborative effort to acquire real property, consisting of 4.37 acres of land, more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein (hereafter referred to as the PROPERTY); and WHEREAS, the School District will develop the PROPERTY for certain athletic and par-king facilities, more particularly described on Exhibit "B" and by this reference incorporated herein (hereinafter referred to as the FACILITIES); and ,~ WHEREAS, the SCHOOL DISTRICT will own and operate the FACILITIES; and H:\data\wp5 l\dockAgr¢¢mt\DclrayBe. Ath JCIl:bf 6/27/96 1 WHEREAS, the CITY, and the SCHOOL DISTRICT will share in the cost of acquiring PROPERTY and developing the FACILITIES and in consideration thereafter will share in the use of these FACILITIES when not in use for educational programs as established by the SCHOOL DISTRICT; WHEREAS, the CITY, and the SCHOOL DISTRICT are desirous of entering into this agreement for the acquisition and develoPment of the PROPERTY located at 25XX' Seacrest Boulevard, Delra.v Beach, Florida, for athletic facilities and parking to be jointly used by both parties. NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: A. The above recitals are true and correct and are incorporated herein by reference. B. The acquisition of the PROPERTY and the program herein described shall be called the ' Seacrest Project. C. The CITY agrees to acquire the PROPERTY and convey the PROPERTY to the SCHOOL DISTRICT for the project. The CITY agrees to convey the PROPERTY to the SCHOOL DISTRICT fi-ee and clear of all improvements described herein as underground tanks, hydrauiic systems, building concrete pads, and asphalt not deemed suitable by the CITY and the SCHOOL DISTRICT for intermediate use. Further, the City shall provide the School District with title search evidence acceptable to the School District. In return, the SCHOOL DISTRICT agrees to provide the CITY limited use of the facility., as described herein. D. The SCHOOL DISTRICT will provide the balance of funds necessary to complete Phase I and all the funding associated Mth Phase II, in accordance with the Palm Beach County School District Board Report 1 l-B4 dated April 10, 1996, attached hereto as Exhibit "B". E. Phase I of the project will be completed within two (2) years of the date of execution of this agreement and the conveyance of the PROPERTY to the SCHOOL DISTRICT. F. Phase II will be started within three (3) years from the completion of Phase I. G. The SCHOOL DISTRICT agrees to make the FACILITY available on a schedule mutually agreed to by Atlantic High School and the CITY of Dekay Beach. Further, the CITY will be afforded the use of the gymnasium three (3) days per week from 6:00 p.m. - 10:00 p.m. and on Saturdays from 10:00 a.m. - 2:00 p.m. for commumty use (youth and adult basketball, volleyball, etc.) unless there is a specified tournament scheduled. H. The DISTRICT will reimburse the CITY for appraisals, demolition costs and environmental studies conducted in conjunction with the acquisition of the subject PROPERTY in an amount not to exceed $7,500, within 120 days of conveyance of the d6ed to the SCHOOL DISTRICT by the CITY. Upon receipt of anticipated foundation funds, the DISTRICT will pay an additional amount to the CITY not to exceed $25,000. H:\data\wp5 l\dockAgreemtkDelrayB¢.Ath JCH:bf 6/27/96 2 I. All future development contemplated under Phase II will be programmed and listed as a project that xvill receive priority consideration for funding in the District's Seven (7) Year Capital Improvement Plan within the time frame$ outlined in paragraph [F.] above. Nevertheless, the full faith and credit of the School Board and the School District is not pledged for payment of such sums contemplated for Phase II and such sums do not constitute and indebtedness of the School Board or the District xvithin the meaning of any Constitutional or Statutory provisions or limitations. Neither party to this agreement may compel the other for the levy. of Ad Valorem taxes or other funds authorized by the law ancLrogutations of the State of Florida for the.-payment of monies necessary to complete Phase II.~. Further, Phase II is subject to available funding. II. Ownership The PROPERTY and the proposed FACILITIES will remain in the ownership of the SCHOOL DISTRICT OF PALM BEACH COUNTY; and subject to all terms and conditions imposed thereby. III. Fundin~ Funding for the PROJECT will be provided by the CITY and SCHOOL DISTRICT. Phase I funding is to be provided, as follows, with the execution of this agreement: 1. CITY OF DELRAY BEACH ..... $400,000 2. SCHOOL DISTRICT - Balance of Phase I Costs Funding for Phase II will be provided by the SCHOOL DISTRICT. The specific amounts and allocation of same will be incorporated as an addendum to this agreement. IV. Uses of Property A. Use of Athletic Facilities - The SCHOOL DISTRICT agrees to permit the CITY in accordance with the prescribed procedures and conditions set forth herein, and without prior approval to utilize its athletic facilities and buildings. Each party shall be responsible for its utilities cost associated herewith. B. Procedure for Requesting Use of a Facility - All requests by the CITY for the use of the FACILITIES other than specified herein will be imtiated by the Director of the CITY Recreation department and directed to the Principal of Atlantic High School. The Principal will evaluate the request and approve if the facility, is not otherwise in school use except as otherwise specified herein. C. Notice- The CITY and the SCHOOL DISTRICT agree to provide adequate notice, regarding the use of the FACILITIES. Notice may be in the form of a schedule of activities; memorandum or other written form, outlining the date, time and facility needed. Adequaie notice is deemed to be ten (10) days prior to the date needed. In the event of scheduling conflicts, the facility's owners [ [:\data\wp5 l\docL,~.greemt\DelrayBe. Ath JCH:bf 6/27/96 3 schedule will prevail if an alternative cannot be agreed upon, except as specified in paragraph 1. H. D. Adequate Supervision and Student Conduct - Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the FACILITIES. Student conduct and discipline at the FACILITIES shall be governed by SCHOOL DISTRICT Policy Chapter 5.18. A copy of SCHOOL DISTRICT Policy Chapter 5.18 beir~g attached hereto as Exhibit "C". E. Manner of Use; Cleanup - The CITY and the SCHOOL DISTRICT agree to utilize the FACILITIES and equipment in the manner, and to the extent and degree intended for th~- particularly facility or equipment in use and further agree to leave the FACILITIES and equipment in a clean and orderly condition upon leaving the FACILITIES. F. Vandalism to Facilities When In Use Pursuant to this Agreement - The CITY agrees to be responsible for vandalism occurring to the FACILITIES during the periods the FACILITIES ~e used by the CITY. The SCHOOL DISTRICT agrees to be responsible for vandalism occurring to the FACILITIES during the periods the FACILITIES are used by the SCHOOL DISTRICT. The SCHOOL DISTRICT shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the CITY for damages incurred during their respective use of the facility and all damages shall be paid within 90 days of receipt of the invoice for the damages. V. Facility Maintenance The maintenance responsibilities for the FACILITIES described herein will be assumed by SCHOOL DISTRICT. VI. Site Security The SCHOOL DISTRICT will be responsible for securing the FACILITIES on a daily basis. VII. Liability The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statues, for the period of time the CITY is using the FACILITIES, provided however, that this provision shall not be construed as a ~vaiver of any right or defense which the CITY may possess, an it reserves all such rights against any and all claims that may be brought against it under this Agreement. VIII. Modification Any modifications to this Agreement shall be in writing and approved by the parties' respective governing bodies. IX. This Agreement shall become effective upon approval of both parties, and shall continue for thirty years (30) with two five (5) year renewals upon mutual consent of both parties. H:\data\xvp5 l\docLtkgreemtXDelrayBe. Ath JCIt:bf 6/27/96 4 A. All notices herein required, permitted to be given to or served upon either party shall be in xvriting. Anv such notice shall be deemed sufficiently given or served, if served personally, sent Certified Mail by the United States Mail, or by any nationally recognized overnight carrier to the SCHOOL DISTRICT or the CITY at the address set forth as follows: As to the School District: SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA Office of General Counsel 3318 Forest Hill Boulevard West Palm Beach, Florida 33406-5813 With Copies to: Dr. Joan P. Kowal, Superintendent 3340 Forest Hill Boulevard West Palm Beach, Florida 3340605869 As to the City: Susan Ruby, City Attorney City of Delray Beach 100 NW. 1st Avenue Delray Beach, Florida 33444 With Copies to: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 B. If any term or provision of this Agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the fullest extent of the law. C. This Agreement together with any addendum that may now or in the future be attached and become a part hereof this Agreement set forth all covenants, promises, agreements, conditions and understandings between the parties hereto. There are no covenants, promises, agreements, conditions and understandings, either oral or written, between the parties other than those herein set forth. Except as herein provided, no subsequent alteration, changes, or additions, shall be binding the parties, unless and until reduced to writing and signed by both parties. D. This Agreement shall be construed in accordance with the laxvs of the State of Florida. E. This Agreement shall not be construed against the party who drafted the same as both parties have had experts of their choosing review the adequacy of the same. If:~ata\wp5 l\docL.~greemt\DelrayBe. Ath JCH:bf 6/27/96 6 F. Should any litigation arise under this Agreement venue shall lie in Palm Beach County FL and the prevailing Party shall be entitled to reasonable Attorney Fees and court costs. IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. SCHOOL DISTRICT OF PALM BEACH Signed in the presence of t~vo witnesses 'COUNTY, FLORIDA Sandra Richmond, Chairman , - Attest: Dr. Joan P. Kowal, Superintendent STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County first name above to take acknowledgements personally appeared Sandra Richmond, Chairperson and Secretary, Dr. Joan P. Kowal of the SCHOOL BOARD OF PALM BEACH COUNTY, Florida and they ac 'knowledged before me that they executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the SCHOOL DISTRICT OF PALM BEACH COUNTY. SWORN TO and subscribed before me this __ day of ,1996. Signed in the presence of two witnesses CITY OF DELRAY BEACH Mayor Jay Alprin Attest: City Clerk My Commission Expires: Notary Public (Notary Seal) H:\data\wp5 l\docL&greemtXDelrayB¢.Ath JCH:bf 6/27/96 7 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared Jay Alpnn as Mayor, and Gwendolyn E. Davis, as City. Clerk of the CITY OF DELRAY BEACH, Florida, and they acknowledged before me that they executed the foregoing instrument as said officers of the CITY and that they also affixed thereto the official seal of the CITY OF DELRAY BEACH. SWORN TO and subscribed before me this __ day of .... 1996. APPROVED AS TO FORM APPROVED AS TO FORM Susan Ruby - City Attorney Robert A. Rosillo - School District Attorney My Commission Expires: (Notary Seal) Notary Public I t:\data\wp5 l\docL~.greemtkD¢lrayBe. Ath JCH:bf 6/27/96 8 SEACREST AVE PROPERTY: LEGAL DESCRIPTION Parcel 1: Folio #12 43 46 04 00 000 7370 The East 340 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida: LESS the following described parcels: 1. The South 15 feet of the above-described parcel; 2. The East 40 feet of the above-described parcel; :~.. 3. The West 130 feet of the East 170 feet of the North 150 feet of the South 290 feet of the above-described parcel; 4. The North 125 feet of the South 140 feet of the East 265 feet of the West 305 feet of the above-described parcel. TOGETHER WITH Parcel 2: Folio# 12 43 46 04 00 000 7380 The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the South 140.00 feet of the Northwest quarter of the Southwest quarter of the SouthweSt quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. TOGETHER WITH Parcel 3: The North 150 feet of the South 290 feet of the East 170 feet of South the one-half of the Northwest one-quarter of the Southwest one-quarter; Less East 40 feet for road fight-of- way, Section 4, Township 46 South, Range 43 East Palm Beach County, FlorMa, also described as: Commencing at an iron rod on the westerly fight-of-way line of Seacrest Boulevard, which is 140 feet North of and 40 feet West of the Southeast comer of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; thence run South 89o47'35'' West for a distance of 130 feet to a concrete to a concrete monument; thence run North 0°32'25" West for a distance of 150 feet to a concrete monument; thence run North 89°47'35" East for a distance of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence run South 0 o 32'25" East along the westerly fight-of- way line of Seacrest Boulevard a distance of 150 feet to the point of beginning. LESS AND EXCEPT any portion of the property used for public fight-of-way for parcels, 1,2, and 3. Parcels 1, 2, and 3 containing 190,250 square feet, 4.37 acres, more or less. EXHIBIT B I l:~data\doc\wp51Xsit¢~eacrest.ath [lTV JIF I]ELAIIV BEIt[H ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 ® July 1 O, 1996 993 Dr. Joan P. Kowal, Superintendent of Schools The School District of Palm Beach County 3340 Forest Hill Boulevard, Suite C-316 West Palm Beach, Florida 33406-5869 RE: Interlocal Agreement Between The School District and The City of Delray Beach - Seacrest Property Dear Dr. Kowal: During the non-agenda portion of our City Commission meeting last night, Commission informally reviewed the revised Interlocal Agreement approved by the School Board. Of particular concern to City Commission was Section I, Paragraph I, which dealt with the commitment for Phase II (gym) of the project. Barring written confirmation from you as to the intent of this paragraph, City Commission did not feel that the agreement provided them the level of commitment that they required last August when a final business proposal was sent to the Board. It was the consensus of City Commission to reject the entire agreement and readdress the project if a commitment to proceed with Phase II, per their previous action, is not received by July 23, 1996. It is the City's hope and first priority that we can work out an agreement that provides our City Commission with the comfort level of commitment they seek. However, in an effort to save the project and reach a compromise, the City Manager, David Harden, has asked that I propose an alternative for your consideration. Mr. Harden is proposing that the basic agreement, as approved by your Board, remain intact except for the legal description of the property transferred. We are proposing that at this time we only transfer the portion of the property needed to complete Phase I of the project and that the City hold title to the balance of the property until such time as a commitment for funding for Phase II is approved by the Board. We would need to confer with County staff but think that they would concur with this approach. THE EFFORT ALWAYS MATTERS Please address any correspondence or phone calls concerning the proposed alternative to Mr. Harden directly. Thank you for your consideration. Sincerely, Robert A. Barcinski Assistant City Manager RAB:kwg cc: David T. Harden Susan Ruby File:u:graham/asttrs Doc.:Kowalltr.710 [ITY OF I)ELIIAY BEAgH DELRAY BEACH - ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 4071243-7000 1993 Carole R. Shetler, Principal Atlantic Community High School 2501 Seacrest Boulevard Delray Beach, Florida 33444 Dear Ms. Shetler: In response to your letter of July 15, 1996 the City Commission has agreed to delay until August 6 further consideration of the Interlocal Agreement for the Seacrest project. We certainly hope that the school board will agree to expressing a firmer commitment to the gymnasium in Phase II of this project. Please let me know if my staff or I can be of any assistance to you in presenting information to Dr. Kowal or others involved in the decision making for this project. Sincerely, David T. Harden City Manager DTH/dr cc: Robert A. Barcinski Shefler.ltr THE EFFORT ALWAYS MATTERS Atlant ic_ Commu ni t y ..... _Sc h ool 25018eacr~tBoulcvard~D¢lrayB~ch, Florida ~.~e(~ 243-1500 July 16, 1996 Mr. Robert Barcinski City of Delray Beach PRn~C~AL 100 N.W. 1st Avenue Carol~Sh~l~ Delray Beach, F1 33444 A~ISTANTPR~NC~ALS Dear Mr. Barcinski: ~chaid ~ Brlnk~, Jr. Lm~Cowa~ As a member of the Seacrest Task Force I thought you probably would like an update on what is happening with ~¢ha~iH~£m~ the project. Unfortunately it has not been smooth mm Hub~t sailing this summer: ~ch~/~~ ® July 18 Delray Beach approved the J~--Th~ Interlocal Agreement (this would have been the "go ahead" to hire an architect J~m~w~ etc. after city, county and school board signed). ® July 19 Interlocal was withdrawn from school board agenda because of last minute concerns raised by board member Paulette Burdick. Her concerns (1) Need for a more definite commitment from the private foundation. (2) Objection to the 3 year time frame for phase II. · July 9 School Board approved Interlocal with altered language regarding the time line (essentially a paragraph with an escape clause in case money is not avail- able). The vote was 5-1 with Burdick voting against. (Meanwhile Foundation had provided a letter confirming their $500,000 commitment) · July 9 (Same night as school board meeting) Delray City Commission agreed by consensus that they would reject the new Interlocal unless the Superintendent provides, "written confirmation...as to the intent of this paragraph." Members of both the school district staff and city are !] still discussing possible ways to address these ~OO__LD/~ concerns so that the project can be saved. ] ~ Unfortunately the city commission set July 23 as its deadline to hear from Dr. Kowal and she will be out of ~m~/ town until July 24. I return to town from the IB ~ conference that same day! Page two Seacrest Task Force I have asked Elizabeth Decker, my Area Superintendent, to set up a meeting for me with Dr. Kowal so that I can explain the importance of this project to Atlantic as well as to our good neighbors. I have also asked David Harden, Delray Beach City Manager to intervene if possible to extend the city's deadline beyond July 23. As a member of the Seacrest Task Force I'm sure you feel disheartened by the possible failure of this project, after all our hard work. I am still hopeful that it can be pulled from the fire. The city has purchased the land and demolished the buildings. I believe the city commission would still like to see this project become an Atlantic High facility as originally planned. At Atlantic we plan to continue to help with negotiations and any creative solutions we can think of so that this great cooperative effort is not wasted. I will be in touch again when I return to work after July 24. Thank you for your continuing interest in the Seacrest Project. Sincerely, Carole R. Shetler Principal c: Larry Zabik Elizabeth Decker Atla tic Commumty High School ~01 Seacr~t Boulevard · Delray B~ch, Florida 33444 · (~7) 243-15~ July 15, 1996 Mr. David Harden City Manager City of Delray Beach ASSL~rANT~Rn~C~ALS Dear Mr. Harden: Jr. As you know efforts are still underway among School District and City staff to salvage our interlocal ~chaxdH~fm~ agreement so that we can proceed as originally planned with the Seacrest Project. ~,,~ One concern I have now is the deadline of July 23, 1996 which was set by the City Commission at their meeting of July 9, 1996. I have asked my Area Superintendent to arrange for me to present to Dr. Kowal some information on the importance of this project for Atlantic High School. Dr. Kowal will be out of town f~om July 10-July 23. In fact she is set to return to work the same day I return from the International Baccalaureate Conference (July 24, 1996). We will be unable to speak to Dr. Kowal regarding the additional commitment which the commission is seeking until after the July 23 deadline. I am asking your assistance in securing a postponement of that decision. The task force members, city, school and district staff have worked on this project since the fall of 1994. I believe we are very close to reaching an agreement that will benefit everyone. I know our good neighbors (the two neighborhood associations) are counting on all of us to be follow through ~ith the original project. Thank you for any assistance you can give us in buying additional time. Sincerely, Carole R. Shetler ~/~OO_L_~Df~ Principal /~i ~ I~t c:JanElizabethHansen Decker ~$~~~/ B O b B a r c i n s k i £1T¥ OF DELRI:I¥ BEI:I£H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ·407/243-7000 NI-AmedcaCity TO: David T. Harden, City Manager 1993 FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item # ¢/. ~ . City Commission Meeting, August 6, 1996 Proposed Golf Rates Delray Beach Municipal Golf Course DATE: July 30, 1996 ACTION City Commission is requested to approve maximum golf rates for FY '96- '97 as proposed per the attached schedule for the Municipal Golf Course. BACKGROUND Attached is a proposed maximum rate schedule for FY '96- '97 for golf fees, prepaid greens fees, bag storage, locker rental, club rental, range balls, pull cart rental, and chadty cards. Fees, as proposed, are based on market conditions and have been rounded to facilitate making change for customers. In general, prepaid green fees would increase approximately 3.8%, and bag storage, locker rental, etc. by approximately 4 - 5%. Proposed increases in cart and green fees for residents range from about 3.5% May/Oct. to 5.5% - Apr./Nov./Dec. Proposed rate increases on non-residents range from 4.4% Apr./Nov./Dec. to 7.1% Jan.-Mar. Most rates, as proposed, are in line with other municipal courses (see attached rate comparison). RECOMMENDATION Approve proposed maximum golf rates for FY '96 - '97 per the attached schedule. RAB:kwg Attachment File:u:graharn/agenda Doc.:97golf.fee ~0 THE EFFORT ALWAYS MATTERS DELRAY BEACH GOLF CLUB PROPOSED MAXIMUM RATES 1996/1997 RESIDENT NON RESIDENT PROPOSED EXISTING PROPOSED EXISTING -./'~AN I - .~IARCH 31, 1997 CART FEES - 18 HOLES $ 10 It, $ 9 91 $ i0 lgt $ 9.91 GREEN FEES - I$ HOLES 1,7 92 16 98 31 13 28.77 CAPITAL IMPROVEMENT FUND I 18 29 28 27 83 82 ~5 39.62 TAX 1 76 1 67 2 55 2.38 $ 31 00 $ 29 50 $ a5 00 $ U2.00 CART FEES - 9 HOLES $ S S~ $ 6 61 $ 6.8~ $ 6.61 GREEN FEES - 9 HOLES 9 90 9 ~3 lg.~0 16.97 CAPITAL [MPROVZ~']ENT FUND i 17 92 16 98 26.U2. 28.52 T.~X $ 19 00 $ lg O0 $ 28.00 $ 26.00 APRIL 1997, NOVEMBER.DECEMBER 1996 CART FEES - 1S HOLES $ [0 1~ $ .9 91 $ i0 i~ $ 9.91 GREEN FEES - l g HOLES 15 57 15 09 23 59 23.11 CAPITAL IMPROV~{ENT FUN i 1 g 98 1 1 g .9~ 26 89 25 98 3U 91 33.96 TAX ~ 6~ i 56 2 09 2.0u $ 28 50 $ 27 50 $ 37 00 $ 36.00 CART FEES - 9 HOLES $ 6.88 $ 6 61 S 6.8~ S 6.61 GREEN FEES - 9 HOLES 8.~9 8 88 1~.62 1~.15 CAPITAL IMPROVEMENT FUND 1.18 9~ 1.18 .gL 16.51 16 03 22.6¢ 21.70 TAX .99 97 1.36 1.30 $ 17.50 $ 17 oo $ 2u.oo $ 2~.00 MAY 1 - OCTOBER 31 , 1997 CART FEES - IS HOLES $ 8.73 $ 8.~9 S 8.73 S 8.~9 CAPITAL I.~IPROVEMENT FUND 1.18 .9~ 1.18 .9~ 17.92 16.98 19.81 18.87 TAX 1.08 1.02 1.19 1. 13 $ ~9.00 $ 18.00 $ 21.00 $ 20.00 CART FEES -'9 HOLES. $ 5.90 $ 5.66 $ 5.90 S 5.66 GREEN FEES - 9 HOLES' 5.66 5.66 7.5~ 7.55 CAPITAL I~IPROV~IENT FUND 1.18 .9~ 1.18 .9~ 12.7¢ 12.26 I~.62 ig.15 T~X .76 .7~ .88 .85 $ 13.50 $ 13.00 ~ 15.50 $ 15.00 PROPOSED EXISTING D/ MISCELLANEOUS RATES (ALL RATES ARE PLUS SALES TAX) BAG STORAGE $ 68 00 $ 65.00 LOCKER RENTAL $ 42 00 $ ~0.00 PREPAID WALKERS $ i lfl $ .94 PULL CART $ 2 59 $ 2.36 CLUB RENTAL -lg HOLE $ 18 87 $ 18.87 (FREE TO JUNIORS) - 9 HOLE $ 14 15 $ 14.15 (FREE TO JUNIORS) RANGE BALL $ 3 77 $ 3.54 ($1.00 TO JUNIORS) CHARITY CARD $ 16 98 $ 16.04 E/ PREPAID GREEN- FEES RESIDENT F,k~IILY $1325.00 $1275.00 (3.9%) RESIDENT SINGLE $ 850.00 $ 820.00 (3.7%) NON-RESIDENT F~ILY $2075.00 $2000.00 (3.8%) NON-RESIDENT SINGLE $1660.00 $1600.00 (3.8%) BOCA BOYNTON WEST PALM NORTH PALM PALM DELl{AY RATON BEACH BEACH BEACH BEACH BEACH NAME OF GOLF~. GARDENS GOLF CLUB COURSE/CLUB 10/01/96-' i 0/01/96- 10/01/91~. I 0/01/96- 10/01/96- 10/01/96- 9/30/97 9./30/97 9/30/9~ ~ 9/30/97 9/30/97 9/30/97 PERMIT SINGLE RES 725.00 566.04 650.00 820.00 750.00 850.00 SINGLE NON RES 1060.00 566.04 875.00 1250.00 950.00 1660.00 FAMILY RES 1150.00 N/A N/A 1400.00 1300.00 1325.00 FAM][LY NON RES 1650,00 N/A N/A 2200.00 1600.00 2075.00 RANGE BALLS 3.00 3.77 3.77 3.77 3.30 3.77 PULL CARTS 2.50 1.89 1.89 N/A 2.83 2.59 CART FEE SEASON 18H RES 9.50 10.38 9.43 9.43 11.79 11.32 18H NON RES 11.90 10.38 9.43 12.26 11.79 11.32 GREEN FEE SEASON 1/1-3/31 18H KES 19.00 23.96 28.30 20.00 17.45 17.92 18H NON RES 24.50 23.96 28.30 37.00 27.83 31.13 APRIL '97 NOV-DEC 96 18H RES 19.00 16.51 23.58 16.00 12.74 15.57 18H NON RES 24.50 16.51 23.58 33.00 22.16 23.59 CART FEE OFF SEASON 18H RES 6.50 7.08 9.43 9.43 9.43 9.91 18H NON RES 8.25 7.08 9.43 12.26 9.43 9.91 GREEN FEE OFF SEASON 18H RES 12.00 10.85 12.26 13.00 7.08 8.01 18H NON RES 15.00 10.85 12.26 18.00 8,49 10.i0 WALKERS SEASON 1/1-3/31 9H RES 12.00 13.68 14.15 12.00 10.38 11.08 9H NON RES 14.75 13.68 14.15 22.00 17.92 19.58 APRIL '97 NOV-DEC 96 9H RES 12.00 9.91 I 1.79 10.00 7.55 9.67 9H NON KES 14.75 9.91 I 1.79 20.00 12.26 15.80 WALKERS OFF SEASON 9H RES 8.50 6.60 6.13 7.00 6.13 6.84 9H NON RES 10.40 6.60 6.13 10.00 8.02 8.72 CAPITAL IMPROVEMENT FUND .94 .47 .94 .94 N/A 1.18 9H PERMIT WALKER- ALL YEAR .94 0.00 .94 1.00 .94 1.18 BAG STORAGE 56.60 55.00 75.00 75.00 N/A 68.00 CHARITY 16.04 N/A 17.92 17.00 16.98 16.98 **NOTE: WEST PALM BEACH RATES ARE 95-96 RATES. 96-97 RATES ARE NOT AVAILABLE AT THIS TnME. [IT¥ JIF I]ELBII¥ BEII[H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-Ameri(:a City ® TO: David T. Harden, City Manager FROM: ¢J~obert A. Barcinski, Assistant City Manager 993 SUBJECT: Agenda Item # '~' ~ ' City Commission Meeting August 6, 1996 Proposed Golf Rates FY '96 - '97 Lakeview Golf Course DATE: July 31, 1996 ACTION City Commission is requested to approve proposed golf rates for FY '96 - '97 for the Lakeview Golf Course as per the attached rate schedule. BACKGROUND Attached is a proposed rate schedule for FY '96 - '97 for greens fees, cart fees, club rental, pull cart rental, and charity cards. Fees proposed are based on market conditions and have been rounded to ease making change for our customers. This rate structure is somewhat different for this course versus the Municipal Course. Mr. Dubin is not recommending prepaid memberships again this year and the structure provides for a discounted greens fee/cart fee combination. Also, due to market conditions, some rates are not proposed for increases. In addition, added this year, is a twilight rate for Nov./Dec./April. It is proposed that during the summer months rates remain the same for residents and non-residents. In general, combined greens fees/cart fee rates will increase, on the average, from 3.8% to 10% for residents and non-residents. Due to market conditions league rates are proposed to be reduced. I have attached a rate comparison for similar courses in this area. RECOMMENDATION Staff recommends approval of proposed maximum rates for FY '96 - '97 for the Lakeview Golf Course. RAB:kwg Attachment File:u:graham//agenda Doc,:GLFRATES.97 THE EFFORT ALWAYS MATTERS Printed on Recycled Paper ~ 0 ~ ~ ~ m c ~ 0 0 ~ ~ · oo oo oo oo ~: -. 0 000 000 000 000 ~ · ~0 0 · ~ ...... 0 0 0 000 000 000 000 0 O0 O0 O0 O0 t~l~ o ooo ooo ooo ooo m '~|o o o o o o~ ooo / °° 0 · o . ~ o~ ~ ooo 0 o o o ooo ooo o o oo o £1TY I)F DEL#AY BERgH CITY ATTORNEY'S OFFICE FA C S I ~ 111. E 4 ~)7/27 g- 4755 W~'s ~r~ L~e: (407) 243-7091 DELRAY BEACH AII.Amedca Ci~ MEMO~NDUM ~ ~~~ ~ 993 TO: Cky Comssion ~OM: Bfi~ Shuu, ~sistant City Attorney S~CT: Solid Waste ~d Recycling Colle~ion Fr~cMse A~eement Mth Bro~ng-Feffis Industries of Florida, Inc. Bro~ng-Feffis Industries of Flofid~ Inc. was the low bidder for the solid waste ~d recycling colle~ion ff~cMse a~eement that ~11 co~ence on October 1, 1996 ~d te~nate on September 30, 2001, u~ess renewed. TMs Agreement cont~ns the essemi~ terns that were bid upon by BFI. Some of the Agreement terns ~e as follows: 1. Frequency of collection sh~l rem~n the sine, tMce a week for residemial, once a week residential bulk ~d vegetative waste pic~p, if a residem desires a more frequent pic~p then the resident would pay ~ e~ra ch~ge to BFI. For bulk trash the emro ch~ge ~11 be $22.00 per cubic y~d ~d for vegetative waste the ch~ge ~11 be $11.50 per cubic y~d. 2. BFI sh~l provide ~ee g~bage pic~p for City speci~ events up to $10,000.00. 3. In no evem sh~l the City be responsible for ~y dispos~ sho~faH costs to BFI. 4. BFI sh~l receive ~ ~u~ adjustmem increasing the rates equiv~ent to increases in the Consumer Price Inde~ but in no event sh~l such increases exceed 3% ~u~ly. 5. BFI sh~l collect household, g~den ~d y~d trash ~om the swale ~eas of vac~t lots. 6. BFI shall provide garbage collection service to all property owned, rented or leased to the City free of charge. 7. BFI shall not be required to collect and dispose of special waste, hazardous waste, biohazardous waste or biological waste. 8. BFI shall use equipment that is kept in good repair, appearance, and in a sanitary and clean condition at ail times. 9. In the event of a dispute as to extra pickup services requested by a resident or what constitutes vegetative waste, the City Manager or his designee shail decide the dispute. 10. BFI must maintain an office within the City limits or within close proximity. 11. BFI's performance shail be supervised by the City Manager, if at any time BFI fails to maintain reasonable performance and upon notification from the City Manager, BFI shail increase its force, tools and equipment to properly perform the contract. 12. BFI shail register ail complaints that it receives with the City and shall indicate the disposition of each complaint. 13. In the event of a storm the City may require BFI to provide city-wide emergency vegetative collection prior to a storm at an added expense. 14. Subcontractors shail only be permitted for the provision of portable sanitation services for speciai events, otherwise subcontractors will not be permitted. 15. BFI shail defend and indemnify the City from and against ail suits, actions and claims arising out of BFI's performance under this Contract. By copy of this memorandum to David Harden, City Manager, our office requests that this Agreement be placed on the August 6, 1996 City Commission agenda. Please cail if you have any questions. cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Joe Saff'ord, Finance Director bficon, com SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT Between City of Deiray Beach, Florida and Browning-Ferris Industries of Florida, Inc. TABLE OF CONTENTS ARTICLE I - GENERAL .......................................... 1 1. LIAISON BETWEEN CITY AND CONTRACTOR ................ 1 2. COMMENCEMENT OF WORK ........................... 1 3. TERM AND RENEWAL ................................ 1 4. DEFINITIONS ....................................... 1 4.1 Authorized Representative ......................... 1 4.2 Biohazardous Waste ............................. 2 4.3 Biological Waste ................................ 2 4.4 Bulk Trash .................................... 2 4.5 City ......................................... 2 4.6 Collection .................................... 2 4.7 Commercial Service .............................. 2 4.8 Commercial Trash ............................... 2 4.9 Construction and Demolition Debris ................... 2 4.10 Contract or Agreement ........................... 2 4,11 Contractor or Vendor ............................. 2 4.12 Department ................................... 2 4.13 Designated Facility .............................. 2 4.14 Disposal Costs ................................. 3 4.15 Garbage ...................................... 3 4.16 Garbage Receptacle ............................. 3 4.17 Hazardous Waste ............................... 3 4.18 Industrial Wastes ............................... 3 4.19 Loose Refuse .................................. 3 4.20 Mechanical Container ............................ 3 4.21 Multiple Dwelling Units ........................... 3 4.22 Performance and Payment Bond ..................... 3 4.23 Recyclable Materials ............................. 3 4.24 Recycling ..................................... 4 4.25 Rolloff Collection Service .......................... 4 4.26 Refuse ....................................... 4 4,27 Refuse Regulations .............................. 4 4.28 Residential Service .............................. 4 4,29 Sludge ....................................... 4 4.30 Special Waste ................................. 4 4.31 Trash ....................................... 4 4.32 Uniform Level of Service .......................... 4 4.33 Vegetative Waste ............................... 5 ARTICLE II - SERVICES TO BE PERFORMED BY CONTRACTOR - REFUSE COLLECTION ...................... 5 5. DESCRIPTION OF WORK .............................. 5 5.1 Exclusive Rights of Contractor ...................... 5 5.2. Responsibilities of Contractor ....................... 5 5.3 Contractor to Supply ............................. 5 5.4 Protection of Adjacent Property and Utilities ............. 5 5.5 Spillage ...................................... 5 5.6 Designated Facility .............................. 6 6. RESIDENTIAL COLLECTION SERVICE ...................... 6 6.1.1 Frequency of Collection ...................... 6 6.1.2 Hours of Collection ......................... 6 6.1.3 Point of Pickup of Residential Refuse ............. 6 6.1 .¢ Bulk Trash ............................... 6 6.1.5 Vegetative Waste .......................... 7 6.1.6 Receptacles .............................. 7 6.1.7 Method of Collection of Residential Refuse ......... 8 6.1.8 Construction and Landscape Companies ........... 8 6.1.9 Vacant Lots .............................. 8 7. COMMERCIAL COLLECTION SERVICE ..................... 9 7.1.1 Frequency of Collection ...................... 9 7.1.2 Point of Pickup of Commercial Refuse ............ 9 7.1.3 Commercial Receptacles ...................... 9 7.1.4 Method of Collection of Commercial Refuse ........ 9 7.2. Exclusions .................................... 9 8. MUNICIPAL COLLECTION SERVICE ....................... 9 8.2. Special Events ................................ 10 9. SCHEDULES AND ROUTES ............................ 10 9.1 Contractor to Supply Schedules .................... 10 9.2 Contractor Access to Transfer Station ................ 10 9.3 Seasonal Variations ............................. 1.0 9.4 Variance from Storm Activity ...................... 10 9.5 Holidays .................................... 1 1 10. COLLECTION EQUIPMENT ............................ 1 1 11. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS WASTE, BIOLOGICAL WASTE AND SLUDGE ...................... 12. ARTICLE III - SERVICES TO BE PERFORMED BY THE CONTRACTOR - RECYCLING ......................... 12 1 2. DESCRIPTION OF THE WORK .......................... 1 2 12.1 General Description ............................. 12 12.2 Frequency of Collection .......................... 12 1 2.3 Hours of Collection ............................. 12 12.4 Point of Pickup of Recyclable Materials ............... 12 1 2.5 Receptacles .................................. 13 12..6 Method of Collection of Recyclable Materials ........... 13 12.7 Schedules and Routes ........................... 13 12.8 Monitoring Records ............................. 13 12.9 Marketing of Recyctable Materials ................... 14 12.10 Equipment ................................... 14 12.. 11 Holidays .................................... 1 ¢ 13. PROMOTION: PUBLIC RELATIONS AND EDUCATION ......... 14 ARTICLE IV - SERVICES TO BE PERFORMED BY THE CONTRACTOR - VEGETATIVE WASTE COLLECTION .......................... 15 14. DESCRIPTION OF WORK ............................. 1 5 14.2 Frequency of Collection .......................... 15 14.3 Hours of Collection ............................. 15 14.4 Point of Pickup of Vegetative Waste ................. 15 14.5 Preparation of Vegetative Waste for Collection .......... 15 14.6 Method of Collection of Vegetative Waste ............. 1 5 14.7 Routes ...................................... 16 14.8 Equipment ................................... 16 14.9 Holidays .................................... 16 ARTICLE V - QUALITY OF SERVICE ............................... 1 6 1 5. CONTRACTOR'S PERSONNEL .......................... 16 15.1 Contractor's Officer(s) ........................... 16 15.2 Dangerous Animals and Refuse Collection ............. 17 15.3 Conduct of Employees ............................ 17 15.4 Employee Uniform Regulations ..................... 17 15.5 Compliance with State, Federal and Municipal Law ....... 17 15.6 Fair Labor Standards Act ......................... 17 15.7 Other Employee Benefits ......................... 17 16. CONTRACTOR'S OFFICE ............................. 18 16.2 Notification to Customers ........................ 1.8 ARTICLE VI - CHARGES, RATES, AND LEVEL OF SERVICE ..................................... 18 1 7. PAYMENT AND BILLING .............................. 18 17.1 Compensation ................................ 18 17.2 Billing Procedures .............................. 18 17.3 Disposal Costs ................................ 19 1 7.4 Commercial Solid Waste Disposal Charge Calculation ..... 20 17.5 Unusual Changes or Costs ........................ 20 17.6 Level and Type of Service for Collection of Other Wastes . . 20 17.7 Solid Waste and Recycling Collection Rate Adjustments . . . 21 III ARTICLE VII - CONTRACT PERFORMANCE/PENALTIES/DEFAULT ........................ 21 18. CONTRACT PERFORMANCE ........................... 21 19. COOPERATION/COORDINATION ........................ 21 20. COMPLAINTS AND COMPLAINT RESOLUTION .............. 22 20.1 Office ...................................... 22 20.2 Complaints ................................... 22 20.3 Disputes About Collection of Certain Items ............ 22 21. DEFAULT AND DISPUTE OF THE AGREEMENT .............. 22 22. RIGHT TO REQUIRE PERFORMANCE ..................... 25 ARTICLE VIII - GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS ............................... 25 23. PERMITS AND LICENSES ............................. 25 24. TITLE TO WASTE .................................. 25 25. FRANCHISE FEES .................................. 25 26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL .............................. 25 27. BONDS AND SURETIES: .............................. 26 27.1 Performance Bond .............................. 26 27.2. Requirements as to Surety ........................ 26 28. INSURANCE REQUIREMENTS .......................... 26 28.1.2 Worker's Compensation .................... 26 28.1.3 Comprehensive General Liability ............... 27 28.1.4 Business Automobile Policy .................. 27 28.1.5 Umbrella Liability ......................... 27 28.2 Certificate of Insurance .......................... 27 29. COMPLIANCE WITH LAWS AND REGULATIONS ............. 28 30. INDEMNIFICATION .................................. 28 31. BOOKS AND RECORDS .............................. 28 32. NOTICES ........................................ 28 33. TERMINATION .................................... 29 34. ILLEGAL PROVISIONS ............................... 29 35. ENTIRE AGREEMENT ................................ 29 iv SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT THIS AGREEMENT is made and entered this day of ,1996 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter the "City") and BROWNING-FERRIS INDUSTRIF, S OF FLORIDA, INC., a Delaware corporation (hereinafter the "Contractor"). In consideration of the mutual benefits, promises and understandings hereinafter set forth, the parties hereby agree as follows: ARTICLE I - GENERAL 1. LIAISON BETWEEN CITY AND CONTRACTOR: All dealings, contracts, notice and payments between the Contractor and the City shall be directed by the Contractor to the City Manager or his/her designee. 2. COMMENCEMENT OF WORK: The work outlined in these specifications shall commence on October 1, 1996. 3. TERM AND RENEWAL: 3.1 The Term of this Agreement shall be for a five (5) year period beginning October 1, 1996 and terminating September 30, 2001. 3.2 This Agreement may be renewed by mutual agreement for an additional five (5) year period. The Contractor must notify the City of its desire to extend the contract on or before April 1,2001, but not sooner than January 1,2001. 4. DEFINITIONS: To the extent the definitions contained herein conflict with similar definitions contained in any federal, state or local law, the definition herein shall prevail. However, nothing herein shall be interpreted to require the Contractor to undertake any conduct which is contrary to federal, state or local law. 4.1 Authorized Representative: Shall mean the employee or employees designated in writing by the City Manager to represent the City in the administration and supervision of the Contract. -1- 4.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste which contain human- disease-causing agents; used disposable sharps, human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. 4.3 Biolo~cai Waste: Shall mean solid waste that cause or has the capability of causing disease or infection and includes, but is not limited to, Bioha?ardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. 4.4 Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household goods, furniture, large boxes, barrels and crates, and shall not be commingled with Vegetative Waste or any other type of refuse. 4.5 City_: City of Delray beach, Florida. 4.6 Collection: Shall mean the process whereby solid waste, garbage, trash, bulk trash, vegetative waste or recyclable material is removed and transported to a Designated Facility. 4.7 Commercial Service: Shall herein refer to the service provided to business establishments, churches, schools, apartments (for profit buildings containing over four (4) living units are classified as commercial accounts), office buildings and other establishments. Service shall include container rental, the rolling out and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container locations, supplying locks and locking mechanisms for containers, and other services to include painting and repairing required for the proper maintenance of containers. 4.8 Comm~,l'qial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other business places. Commercial trash shall include furniture if properly containerized. Commercial trash shall not include Special Waste. 4.9 Construction and Demolition Debris: Shall mean materials defined as such from time to time by the Department and Chapter 17-7, F.A.C. 4.10 Contract or Agreement: This Agreement as executed by the City and the Contractor for the performance of the work. 4.11 .Contractor Or Vendor: Browning-Ferris Industries of Florida, Inc. 4.12 Department: Shall mean the Florida Department of Environmental Protection. 4.13 Desi_maated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Solid Waste Authority or the City Manager. -2- 4.14 Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by others for disposal of the waste collected by the Contractor. 4.15 ~: Shall mean all putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Vegetative Waste shall not be commingled with Garbage in the same collection. Garbage shall not include any material that falls within the definition of Special Waste. 4.16 Garbage Receptacle: Shall mean any commonly available light gauge steel, plastic, or galvanized receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Any receptacle including waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in weight for owner's container and ninety (90) gallons for rollout containers. 4.17 Hazardous Waste: Shall mean solid waste as defined by the State of Florida Department of Environmental Regulation as a b:~?~rdous waste in the State of Florida Administrative Code, or by any future legislative action or by federal, state or local law. 4.18 Industrial Wastes: Shall mean any and all debris and waste products generated by manufacturing, food processing (except in restaurants and homes), land clearing, and commercial shrubbery or tree cuttings, building construction or alteration (except do- it-yourself projects) and public works type construction projects whether performed by a government unit or by contract. Industrial wastes are not included in the scope of this contract. 4.19 ],~.le,_]~: Any refuse, either garbage or household trash stored in and collected from any type of container other than a mechanical container or garbage can as described in Section 4.21 and 4.13. Refuse which is collected from the ground is considered loose refuse. 4.20 Mechanical Container: Shall mean and include any detachable metal container designed or intended to be mechanically dumped into a loader/packer type of garbage truck used by the Contractor and includes any motorized or electrical compactor of ten (10) yards capacity or less. Mechanical containers may be constructed of plastic. Further, all mechanical containers must be uniform in color, have closeable lids, and be free of any advertising or other information other than a 8-1/2" x 11" sticker with the name, address, and telephone number of the Contractor. 4.21 Multiple Dwelling Units: Shall mean any building containing four (4) or more permanent living units, not including motels and hotels. 4.22 performance and Payment Bond: Shall mean the form of security approved by the City and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract. 4.23 Recyclable Materials: Shall mean newspapers (including inserts), magazines and catalogs, aluminum, aluminum foil and pie plates, plastic containers, glass bottles -3- and jars, corrugated cardboard, brown paper bags, mixed paper, drink boxes, milk and juice cartons and other solid waste materials added upon Agreement between the Solid Waste Authority and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. 4.24 ~: Shall mean any process by which solid waste, or materials which otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. 4.25 RoiloffCoileetion Service: Shall mean the collection of construction and demolition debris using open top rolloff containers within temporary locations in the City, limited to new construction sites. Rolloff collection service shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use open top rolloff containers for horticultural or agricultural waste, and horticultural and agricultural waste shall not include any other type of waste, including, but not limited to, Special Wastes, Garbage or Recyclable Materials. 4.26 Refuse: Shall mean commercial trash, household trash and garbage or a combination of mixture of commercial trash, household trash and garbage, including paper, glass, metal and other discarded matter, excluding Recyclable Materials. 4.27 Refuse Regulations: Shall herein refer to regulations prescribed by the City together with such administrative roles, regulations and procedures as any be established for the purpose of carrying out or making effective the provision of this Contract. 4.28 Residential Service: Shall herein refer to the refuse, recycling and vegetative waste collection service provided to persons occupying residential dwelling units within the City who are not receiving commercial service. 4.29 ~ll.0_g~: Includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. 4.30 Special Waste: Shall mean solid wastes that require special handling and management, which are not accepted at a landfill or other disposal facility or which are accepted at a landfill or other disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires, used oil, lead-acid batteries, and Biohazardous wastes. 4.31 Trash: Shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweeping, broken toys, tools, utensils, and all other accumulations of a similar nature other than Garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, but shall not include Vegetative Waste. 4.32 Uniform Level of Service: Shall mean any and ali garbage and trash, whether commercial or residential, which conforms to the preparation and storage requirements of this contract. -4- 4.33 Vegetative Waste: Shall mean any vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. Residents shall bag or containerize all grass clippings, leaves, pine needles, and similar small loose items wheneverpossible. Large Vegetative Waste items must be not more than six (6) feet in length or fii~ (50) pounds in weight, and shall be placed nearly at the curb. Vegetative Waste does not include any form of matter or debris resulting from tree removal, land clearing, land development, or waste generated by tree surgeons, landscapers or lawn maintenance services. Tree removal by residents is acceptable for curbside pickup if cut to the specifications noted above. ARTICLE H - SERVICES TO BE PERFORMED BY CONTRACTOR - REFUSE COLLECTION 5. DESCRIPTION OF WORK: 5.1 Exclusive Rights of Contractor: The Contractor shall provide Refuse collection services within the City limits of Delray Beach. The Contractor shall have the exclusive fight to provide Refuse collection service, excluding Rolloff Collection Services and Rolloff electric compactor services, in the City in accordance with this Agreement. The City, through its use of City employees and equipment, may provide collection services which are not included within the scope of this Agreement. 5.2 Resnonsibilifies of Contractor: It is the responsibility of the Contractor to become familiar with and to determine itself the nature and conditions affecting the collection of Refuse, Recyclable Materials and Vegetative Waste in Delray Beach, Florida, and the disposal of same. The Contractor should particularly take note of the requirements of the Florida Solid Waste Management Act and other applicable federal and state laws, and is responsible for determining the impact of such legislation on its operations. 5.3 Contractor to $upply: The Contractor shall provide, at its own expense, all labor, insurance, supervision, machinery and equipment, plant building, tracks and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. 5.4 Protection of Adiacent Property_ and Utilities: The Contractor shall conduct its work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through its operations. The Contractor shall take cognizance of all existing utilities and it shall operate with due care in the vicinity of such utilities and Shall immediately repair or have repaired at no additional cost to the owner any breakage or damage caused by its operation. 5.5 ~: The Contractor shall not litter or cause any spillage to occur upon the premises or the rights-of-way wherein the collection shall occur. During hauling, all refuse shall be contained, tied, or enclosed so that leaking, spilling, and blowing is -5- prevented. In the event of any spillage caused by the Contractor, the Contractor shall promptly clean up all spillage. 5.6 Desi_ffnated Facili _ty: All Refuse shall be hauled to the Delray Beach transfer station or to another permitted site or facility as allowed by the Solid Waste Authority. 6. RESIDENTIAL COLLECTION SERVICE: 6.1 The Contractor shall collect and dispose of all Refuse, except Special Waste, Hazardous Waste, Biohazardous Waste, Biological Waste and Sludge, from all single family homes, multiple dwelling units and individual mobile homes. Mobile home parks will be serviced as residential units. 6.1.1 Frequency_ of Collection: The Conlxactor shall collect refuse, except Bulk Trash and Vegetative Waste, from places of residence within the City at least two (2) times per week, with collections at least three (3) days apart. 6.1.2 Hours of Collection: Collection shall begin no earlier than 6:00 o'clock a.m., and shall cease no later than 6:00 o'clock p.m. The hours of collection may be extended provided the Contractor has received prior approval from the City Code Enforcement Division. No collection shall occur on Sundays. Collection will occur on holidays except for New Year's Day, Christmas Day and Thanksgiving Day. 6.1.3 Point of Pickup of Residential Refuse: Collections of residential refuse shall be at curbside, rear door or other such locations as will provide ready accessibility to the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the City Manager shall designate the location. 6.1.4 Bulk Trash: The Contractor shall collect Bulk Trash from residences within the City no more than once per week. The Bulk Trash collection day shall coincide with the first refuse collection day, which shall be a Monday, Tuesday or Wednesday of each week. All Bulk Trash shall be placed for collection by no later than 6:00 A.M. of the scheduled Bulk Trash collection day. The point of pick-up of Bulk Trash shall be as provided in Paragraph 6.1.3. At the request of the City or at the request of a resident, the Contractor shall collect Bulk Trash on a day other than the regular scheduled collection day at a cost to the resident equal to $22.00 per cubic yard. The Contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. Upon receipt of payment, the Contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager or his -6- designee for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the Contractor and the resident. 6.1.5 Vegetative Waste: The Contractor shall collect Vegetative Waste from residences within the City no more than once per week. All Vegetative Waste shall be placed for collection by no later than 6:00 A.M. of the scheduled Vegetative Waste collection day. The point of pick-up of Vegetative Waste shall be as provided in Paragraph 6.1.3. At the request of the City or at the request of a resident, the Contractor shall collect Vegetative Waste on a day other than the regular scheduled collection day at a cost to the resident equal to $11.50 per cubic yard. The Contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. Upon receipt of payment, the Contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the amount of Vegetative Waste collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager or his designee for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the Contractor and the resident. 6.1.6 Receptacles: The Contractor shall be required to pick up all garbage, trash and bulk trash generated from residential units which have been properly prepared and stored for collection as follows: All garbage shall be placed in a rollout garbage cart (for curbside service) initially supplied by the City or in such other plastic disposal bag and shall be placed at curbside. Reardoor service will use customer containers placed at the rear or side door. Usual household trash shall be bagged, boxed or bundled and piled .at curbside. Non-containerized trash shall be collected providing that it does not exceed six (6) feet in length for any piece or segment of such materials. Multiple Dwelling Units serviced by Mechanical Containers shall containerize all Garbage and Trash. The Contractor shall collect garbage and trash from said multiple dwelling units no more than twice per week. Any additional collection shall be billed by the Contractor at the commercial collection rote per cubic yard as set forth in Exhibit III. Bulk Trash and Vegetative Waste shall be collected at a designated site agreed to by the Contractor and the customer and approved by the City. For each Bulk Trash and Vegetative Waste collection, the Contractor shall be entitled to collect a -7- sum equal to the same Bulk Trash and Vegetative Waste charges set forth in Paragraphs 6.1.4 and 6.1.5 hereof. The aforesaid charges include disposal. Containerized Services shall include the rolling om and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container location, supplying locks and locking mechanisms, painting, deodorizing and repairing and other services required for proper maintenance of containers. 6.1.7 Method of Collection of Residential Refuse: The Contractor shall make collections with a minimum of noise and disturbances to the householder. Any refuse spilled by the Contractor shall be picked up immediately by the Contractor. Garbage receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then shall be placed in the same general location for.each residence on the street to give a neat and orderly appearance. Rollout carts shall be left upright with the lid closed. Metal and plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rock, cart or enclosure of any kind shall be returned upright to such rock, cart or enclosure and lids shall be placed securely and properly on the top of said receptacles. In the event of damage by the Contractor for garbage receptacles, the Contractor shall be responsible for the timely repair or replacement of said receptacles within seven (7) days at no cost to the customer. The replacement must be similar in style, material, quality and capacity. Throwing of any garbage can, container, or recycle container is prohibited. For those residents, who, by reason of their disability, certified by a doctor and approved by the City, are unable to place garbage receptacles at the curb, collection will be fi.om the reardoor or other accessible location adjacent to the residence, and shall be replaced when empty. The charge for this service shall be at the reardoor collection rate as set forth in ~. 6.1.8 Construction and Landscape Companies: Nothing in this section shall require the Contractor to remove waste resulting from construction fu'ms, construction activity, the clearance of vacant lots, or landscape maintenance companies except as further required in Section 6.1.9 of this Agreement. 6.1.9 Vacant Lots: The Contractor shall also collect household trash, and garden and yard trash fi.om the swale or right-of-way of vacant lots in residentially developed neighborhoods at no additional charge. It will not be the responsibility of the Contractor to remove waste resulting fi.om clearing property for building purposes, or generated by landscape maintenance companies. -8- 7. COMMERCIAL COLLECTION SERVICE: 7.1 The Contractor shall collect and dispose of all Refuse, except Special Waste, Ha?ardous Waste, Biohazardous Waste, Biological Waste and Sludge, fi.om or generated by any commercial or industrial use, and any use not contained within residential services. 7.1.1 Frequency_ of Collection: Commercial uses may be collected at any time and will be made frequently enough, but not less than once per week, to prevent containers from becoming overloaded. Commercial customers located adjacent to residential uses shall only be collected during residential collection hours as stated in Section 6.1.2. In the event a customer's container is consistently overloaded, the City will require the customer to use a larger container. In the event of an emergency, collection may be permitted at times not allowed by this paragraph, provided the Contractor has received prior approval from the City Code Enforcement Division. 7.1.2 point of Pickup of Commercial Refuse: Commercial Refuse customers shall accumulate Refuse at locations that are mutually agreed upon by the customer and the Contractor and approved by the City which are convenient for collection by the Contractor. Where mutual agreement is not reached, the City Manager or his/her designee shall designate the location. 7.1.3 Commercial Receptacles: Commercial establishments shall use Mechanical Containers as defined in Section 4.20. Containers must be properly maintained and kept clean and sanitary. 7.1.4 Method of Collection of Commercial Refuse: The Contractor shall make collections with as little disturbance as pOssible. Any refuse spilled by the Contractor shall be picked up immediately by the Contractor. 7.2 Exclusions: Rolloff Collection Services will not be included in the Agreement. The Contractor may enter into separate agreements for the collection of construction and demolition debris at no obligation to the City. Also excluded is Rolloff electric compactors. 8. MUNICIPAL COLLECTION SERVICE: 8.1 The Contractor shall provide residential or commercial collection service to include rolloff container services, as appropriate, to all property owned, leased, rented or controlled by the City of Delray Beach including, but not limited to, those designated by the City Manager if acquired during the contract term. These services shall be provided at no charge to the City. 8.1.1 The Contractor shall empty all Refuse, recycling and Vegetative Waste containers in any and all of the above-mentioned properties at a frequency to be determined by the City Manager. The City shall have the right to use -9- mechanical containers, commercial type trash cans with covers or any other container within the size limits prescribed by definition. The Contractor shall provide all mechanical containers for the use of the City, which said containers shall be kept in operable condition and painted, deodorized, and repaired by the Contractor throughout the life of the Contract. 8.2 sS. ll_e~ial. F.,y..e~: The Contractor shall provide at no charge to the City for all services, containers and equipment required for waste disposal and-portable sanitation service at all special City functions or sponsored events deemed appropriate by the City Manager, up to the maximum amount of $10,000.00 of equivalent services by the Contractor. Above this amount, the City and the Contractor shall negotiate an appropriate fee for services to be rendered by the Contractor. 9. SCHEDULES AND ROUTES: 9.1 Contractor to Supply Schedules: The Contractor shall provide the City with schedules for all collection routes and keep such information current at all times. Initial schedules should be developed in conjunction with the City. No changes shall be effected in the routes without prior approval of the City in advance. The City Manager shall approve all permanent changes in routes or schedules that alter the day of pickup. Upon approval of the City Manager, the Contractor shall publish in a newspaper of general circulation in Palm Beach County at least seven (7) days prior to the effective date of such route or schedule changes. The cost of publication shall be borne solely by the Contractor. The Contractor shall notify each residential, multi-family and commercial customer of any changes in their pickup schedules. 9.2 Contrac~Qr Access to Transfer Station: The City reserves the fight to deny contractor's vehicles access to certain streets, alleys and public ways inside the City en route to the disposal site where it is in the interest of the general public to do so because of the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closures of less than eight (8) hours in duration. The City shall notify the Contractor of street closures of longer duration and arrangements for service will be made in a manner satisfactory .to Contractor and City. Customers under this contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local track routes shall be used in transit, unless specifically for the purpose of collection. 9.3 Seasonal Variations: The Contractor's attention is directed to the fact that at times during the year, the quantity of Refuse to be disposed of is materially increased by the influx of visitors. This additional load will not be justification for the Contractor to fail to maintain the required collection schedules and routes. 9.4 Variance from Storm Activity: In case of a storm, the City Manager or his/her designee may grant the Contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the Contractor shall advise the City -10- Manager and the customer of the estimated time required before regular schedules and routes can be resumed. In the case of a storm where it is necessary for the Contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and Refuse resulting from the storm, the Contractor shall be required to work with the City in all possible ways for the efficient and rapid cleanup of the City. In such event, the Contractor shall receive extra compensation above the Contract price for additional employees, overtime, and cost of rental equipment, provided the Contractor has first secured prior written authorization from the City Manager or his/her designee. The total cost for such service shall be based on rates jointly agreed to by the City Manager or his/her designee and the Contractor. Upon notice from the City, the Contractor shall secure or remove all receptacles, mechanical or portable, on City property. In addition, the City may require the Contractor to provide city-wide emergency vegetative collection prior to a storm. 9.5 Holidays: The Contractor will not provide service on the following holidays: New Year's Day, Thanksgiving Day and Christmas Day. If the regular collection day falls on any of the aforementioned holidays, the Contractor shall collect the Refuse on the next regularly scheduled collection day. 10. COLLECTION EQUIPMENT: 10.1 The Contractor shall have on hand at all times, in good working order and sanitary condition, such equipment as shall permit the Contractor to adequately and efficiently perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. All replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. Equipment shall be of the enclosed loader packer type, or other equipment which meets industry standards and is approved by the City. All equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times to include deodorizing and assurance the vehicle container is flee of all leaks. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. Equipment is to be painted uniformly with the name of the Contractor, business telephone number and the number of the vehicle in letters not less than five (5) inches high on each side of the vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except for events sponsored by the City, which advertising shall be approved by the City in advance. 11. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS WASTE, BIOLOGICAL WASTE AND SLUDGE: The Contractor shall not be required to collect and dispose of Special waste, Hazardous Waste, Biohazardous Waste, Biological Waste or Sludge, but may offer such service in the City. All such collection and disposal for the types of waste referenced in this section, when done by the Contractor, shall be in strict compliance with all federal, state and local laws and regulations. ARTICLE III - SERVICES TO BE PERFORMED BY THE CONTRACTOR - RECYCLING 12. DESCRIPTION OF THE WORK: 12.1 General Description: The Contractor shall collect all Recyclable Materials, including but not limited to, newspaper (including inserts), magazines and catalogs, telephone books, aluminum foil and pie plates, glass and all plastic containers acceptable to the Solid Waste Authority, aluminum cans, polyethylene terephthalate (PET) and high density potyethylene (HDPE) bottles, corrugated cardboard, brown paper bags, mixed paper, drink boxes, set out for the purpose of recycling fi.om all single family homes, multi-family units, individual mobile homes and mobile home parks within the City limits of the City of Delray Beach. The collection of Recyclables shall be conducted utilizing two containers. Glass and plastic should be placed in the blue container and paper goods in a green container. Additionally, the Contractor shall provide adequate mechanical containers to facilitate a city-wide recycling program for all condominiums and apartment complexes receiving containerized service. Multifamily containerized recycling services shall utilize ninety-six (96) gallon mechanical containers to collect R. ecyclable Materials. As it becomes appropriate or beneficial, other items may be added to the list of Recyclable Materials at the direction of the Solid Waste Authority. 12.2 Frequencw_ of Collection: The Contractor shall collect Recyclable Materials within the City at least one (1) time per week. The day of collection shall be on the same day as one of the collection days for solid waste. No changes in routes or collection days shall be made without the advance approval of the City Manager and proper notification of each customer. 12.3 Hours of Collection: Collection shall begin no earlier than six o'clock (6:00) a.m. and shall cease no later than six o'clock (6:00) p.m.; provided, however, that in the event of emergency or unforeseen circumstances, collection may be permitted at a time not allowed by this paragraph following notification and approval of the Code Enforcement Division. 12,4 Point of Pickup of Recyclable Materials: Collection of Recyclable Materials shall be at curbside or other such locations as will provide ready accessibility to the -12- Contractor's collection crew and vehicle. In the event au appropriate location cannot be agreed upon, the City Manager shall designate the location. 12.5 Receptacles: The Contractor shall pick up all Recyclable Materials which have been properly prepared for collection and placed in recycling containers or paper bags and set at curbside. The Contractor shall supply and distribute to each residence within the City one (1) container for Recyclable Materials to be collected. The cost of these containers will be borne by the Conumctor. Receptacles may be imprinted with a logo and/or recycling theme with the prior approval of the City. All recycling containers shall become the property of the City when distributed. The Contractor is responsible for replacing lost, damaged or stolen bins at no charge to the customer. The Contractor shall maintain an adequate supply of containers to provide for new residents and replacement containers. All recycling containers provided or replaced by the Contractor shall be identical in type, size and color for each type of recycling container. 12.6 Method of Collection of Recyclable Materials: Unless otherwise agreed in writing the Contractor shall separate at the point of pickup, at least the newspaper from the aluminum cans and glass and plastics shall be placed into different sections of the collection vehicle. The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any Recyclable Materials spilled by the Contractor shall be picked up immediately. Recycling containers shall be thoroughly emptied and left inverted at the point of collection. 12.7 Schedules and Routes: Recyclab[e Materials collection for a dwelling unit shall be made on one of the two solid waste collection days for that dwelling unit. Therefore, schedules and routes shall match the schedules and mutes for solid waste collection, except that the City Manager or designee is authorized to modify, extend or suspend schedules in the event of natural disaster, health hazard or any other state of emergency requiring such action. Any other schedule or route change must be approved by the City in advance and each customer must be notified at least seven (7) days in advance of the change. The City reserves the fight to deny contractor's vehicles access to certain streets, alleys and public ways inside the City en route to the disposal site where it is in the interest of the general public to do so because of the condition of streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closures of less than eight (8) hours in duration. The City shall notify the Contractor of street closures of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and City. Customers under this contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local track routes shall be used in transit, unless specifically for the purpose of collection. 12.8 Motlitoring Records: The Contractor shall be responsible, on a monthly basis, for maintaining information and records adequate to determine participation rates and weekly set out rates by percent, volume of solid waste diverted from landfill by percent, weight by material of items recycled, neighborhoods above or below average participating and other information required by City, Palm Beach County or the State of Florida necessary to meet the requirements of the Solid Waste Management Act or to obtain grant funds from the Solid Waste Management Trust Fund. The prior month's statistics shall be submitted to the Code Enforcement Division of the City on or before the tenth (10th) working day of each succeeding month. 12.9 Marketing of Recyelable Materials: The Solid Waste Authority shall be responsible for the development of markets for Recyclable Materials. 12.10 Equipment: The Contractor shall have on hand at all times, in good working order and sanitary condition, such equipment as shall perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of recycling equipment and shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. Collection vehicles shall be designed to be driven from both sides and have separate compartments into which the different recyclable materials may be placed. Prior to purchasing equipment, it shall be the responsibility of the Contractor to determine the available space, taming radii, ceiling heights, etc. of the likely buyers or processors of the recycled materials. All replacement and additional vehicles shall be new equipment unless other0vise agreed by the City. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. Equipment is to be painted uniformly in colors exclusively selected for the recycling program. The Contractor may also add its name and business telephone number to each side of the vehicle. The rear of the vehicle shall contain signs warning the public of frequent stops. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles except that approved by the City. The Contractor shall establish a community recycling facility at City Hall accordance with the present facility at no charge to the City. 12.11 Holida¥~: The Contractor will not provide recycling service on the following holidays: New Year's Day, Thanksgiving Day and Christmas Day. Residential recyclable materials not collected on these holidays shall be collected on the next scheduled recycling collection day. All other holidays shall be considered regular collection days. 13. PROMOTION: PUBLIC RELATIONS AND EDUCATION: The City (as represented by the Recycling Coordinator) and the Contractor will share responsibility for the promotion of the recycling programs. The City and the Contractor will cooperate in the design of promotional events and educational programs and the preparation -14- of promotional materials such as door hangers and/or flyers for public distribution; however, the City's contribution shall be subject to budget, review and approval by the City Manager. The Contractor will distribute written information to the residential participants on a periodic basis coordinating this effort in advance with the City's Recycling Coordinator. The Contractor further agrees to conduct presentations for schools, civic groups, homeowner's associations and other appropriate citizens groups. ARTICLE IV - SERVICES TO BE PERFORMED BY THE CONTRACTOR - VEGETATIVE WASTE COLLECTION 14. DESCRIPTION OF WORK: 14.1 The Contractor shall provide vegetative waste collection and disposal within the City limits of Delray Beach. The Contractor shall have the exclusive fight to provide vegetative waste collection and disposal service within the City in accordance with this Agreement. The Contractor is not required to collect vegetative waste generated by landscape maintenance companies or such similar entities. 14.2 Fre~_uency of Collection: The Contractor shall collect Vegetative Waste from residences within the City at least one (1) time per week. The day of collection shall be on the same day as one of the collection days for solid waste. 14.3 Hours of Collection: Collection shall begin no earlier than six o'clock (6:00) a.m. and shall cease not later than six o'clock (6:00) p.m.; provided that in the event of emergency or unforeseen circumstances, collection may be permitted at a time now allowed by this paragraph following approval by the City Manager or designee. Any changes to routes, schedules, method of collection, or other changes are to be approved in advance by the City. 14.4 Point of Pickup of Vegetative Waste: Collection of Vegetative Waste shall be at curbside or other such locations as will provide ready accessibility to the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the City Manager or his/her designee shall designate the location. 14.5 Preparation of Vegetative Waste for Collection: The Contractor shall pick up all Vegetative Waste generated from residential units as follows: Vegetative Waste shall be placed adjacent to the pavement or traveled way of the street. Residents shall bag or box loose Vegetative Waste and will be encouraged to bundle other items no longer than six (6) feet in length and no heavier than fifty (50) pounds in overall weight. In the event of a dispute between Contractor and a customer as to what constitutes Vegetative Waste, the situation will be reviewed and decided by the City Manager or his/her designee, whose decision shall be final. 14.6 Method of Collection of Vegetative Waste: The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any Vegetative Waste -15- spilled by the Contractor shall be picked up immediately by the Contractor. Receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal and plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall be returned upright, to such rack, cart of enclosure and lids shall be placed securely and properly on the top of said receptacles. 14.7 Routes: The City reserves the right to deny Contractor's vehicles access to certain streets, alleys and public ways inside the City en route to the disposal site where it is in the interest of the general public to do so because the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closures of less than eight (8) hours in duration. The City shall notify the Contractor of street closures of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and City. Customers under this contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. 14.$ ~: The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor to adequately and efficiently perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of collection and disposal equipment. Collection vehicles shall be of the enclosed loader packer type or other vehicle designed to allow for efficient collection of Vegetative Waste. The equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. Trucks shall be identical in color as approved by the City and shall not include any advertisement without the approval of the City. All replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. The Contractor shall have available reserve equipment which can be put into service wiubin two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. 14.9 ~: The Contractor will not provide service on the following holidays: N~TM Year's Day, Thanksgiving Day and Christmas Day. Vegetative Waste not collected shall be collected on the next scheduled vegetative waste collection service day. ARTICLE V - QUALITY OF SERVICE 15. CONTRACTOR'S PERSONNEL: 15.1 fi:oeltraetor's Officer(s): The Contractor shall assign a qualified person or persons to be in charge of the operations within the City. The Contractor shall give the names of these persons to the City. Information regarding the person's experience and qualifications shall be furnished. Supervisory personnel must be present on the routes to direct operations in a satisfactory manner. Supervisor shall report to the City Code Enforcement Division on a daily basis to receive complaints. Contractor to ensure that the Supervisor can be reached at any time during normal working hours. Said supervisor(s) must be available for consultation with the Manager and/or customers within a reasonable, practicable time after notification of a request for such consultation. The supervisor(s) shall operate a vehicle which is radio equipped. Communications by radio, cellular phone, or "message" beeper is acceptable providing the City personnel can reach the Supervisor directly without going through another office or a dispatch operation. 15.2 Dangerous Animals and Refuse Collection: Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs in order to accomplish refuse collection. In any case where the owner or tenants have such animals at large, the Contractor shall immediately notify the City Code Enforcement Division of such condition and of his inability to make collection because of such conditions. 15.3 Conduct of Employees: The Contractor shall ensure that his/her employees serve the public in a courteous, helpful and impartial manner. Contractor's collection employees will be required to follow the regular walkway for pedestrians while on private property. No trespassing by employees will be permitted, nor crossing property of neighboring premises unless residents or owners of both such properties shall have given permission. Care shall be taken to prevent damage to property, including cans, carts, racks, trees, shrubs, flowers and other plants and swale areas. 15.4 Employee Uniform Regulations: The Contractor's solid waste collection employees shall wear a uniform or shirt bearing the company's name. The Contractor shall furnish to each employee an identifying badge, not less than two and one-half (2V:) inches in diameter, with numbers and letters at least one (1) inch high, uniform in type. Employees shall be required to wear such badges while on duty. Lettering stitched on or identifying patches permanently attached to uniform shirts and jackets will be acceptable. The Contractor shall keep a record of employees names and numbers assigned. 15.5 Compliance with State. Federal and Municipal Law: The Contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, now or hereafter in effect. 15.6 Fair Labor Standards Act: The Contractor is required and hereby agrees by execution of the Contract to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standard Act as amended and changed from time to time. 15.7 Other Employee Benefit~: Amount ofvacalion leave, sick leave, holiday pay leave, other fringe benefits, shelter and accommodations for work and related matters shall be as submitted with the Contractor's bid documents. Conditions of employment shall be published and conspicuously posted so all employees may be informed. The Contractor shall furnish reasonable uniforms, rain gear and safety equipment. 15.8 Each vehicle operator shall at all times carry a valid Florida Commercial Driver's License for the type of vehicle that is being driven. 15.9 The Contractor shall provide operating and safety training for all personnel. 15.10 The Contractor shall, whenever possible, employ personnel who are residents of Palm Beach County. 15.11 No person shall be denied employment by the Contractor for reasons of race, sex, national origin, creed, age, physical handicap, or religion. 16. CONTRACTOR'S OFFICE: 16.1 The Contractor shall provide at its expense, a suitable office located within the City or within close proximity thereto. The Contractor shall maintain and adequately staff a local toll-free telephone number where complaints shall be received, recorded and handled during normal working hours of each week and shall provide for prompt handling of emergency complaints and all other calls. 16.2 Notification to Customers: The Contractor shall notify all customers in writing, at the Contractor's expense, about complaint procedures, rates, regulations, and the days of collection. ARTICLE VI - CHARGES, RATES, AND LEVEL OF SERVICE 17. PAYMENT AND BILLING: 17.1 Compensation: The City shall pay the Contractor compensation for the performance of the Contract, the sums due as set forth in ~, subject to any conditions or deductions as provided under the Contract. Contractor shall submit an invoice by the 10th of each month for residential services rendered during the preceding month, and payments will be made to the Contractor within 30 days upon receipt and verification of the invoice submitted. Multi-family and commercial services will be billed directly by the Contractor in accordance with the Schedule of Rates set forth in Exhibits II and III, subject to any conditions or deductions as provided under this Agreement. 17.2 Billing Procedures: Billing arrangements for the various service types are summarized as follows: Service Type Customer Billed By Solid Waste Collection Residential City Commercial and Multi-Family Contractor Vegetative Waste Collection Residential City -18- Recyclable Materials Collection Residential City Commercial and Multi-Family Contractor Container Rental/Purchase and Container Special Service~ Residential City Commercial and Multi-Family Contractor On the first day of each month the Contract payment(s) for all services hereunder shall be adjusted to correspond with the occupancy of existing or new buildings, and the demolition of old buildings. The adjustment made on the first day of each month shall be for buildings either occupied or demolished during the second month preceding the adjustments; for example, any change which is made on June 1 of any year will be for buildings occupied or demolished in April of the subject year. Any existing unit shall be considered unoccupied whenever the City has temporarily terminated water service, at the customer's request only. Any new unit shall be considered to be occupied when a certificate of occupancy has been issued and water service has been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued by the Building Department. 17.3 Disposal Costs: Residential and multi-family solid waste disposal costs shall not be included with residential and multi-family collection service costs. Residential and multi-family disposal costs will be billed by the Solid Wast Authority of Palm Beach County by non-ad valorem assessment. The Contractor will be given a disposal credit for each residential unit as calculated by the Solid Waste Authority; however, the City shall not be responsible for disposal shortfall costs. Part of the commercial disposal costs will be billed by the Solid Waste Authority by non-ad valorem assessment. The non-assessment portion of the commercial disposal costs will be billed to the commercial customers by the Contractor. The Contractor shall pay the Authority for all solid waste disposal costs incurred and not paid through non-ad valorem assessment. All commercial customers shall be serviced at least one (1) time per week for refuse and recycling and more frequently based upon the amount of refuse generated. All multi-family customers shall be serviced at least one (1) time per week for refuse and recycling. If the amount of refuse generated requires more than two (2) times per week collection, then the third (3rd) and all subsequent collections shall be charged the commercial collection rate only. The Contractor shall bill commercial customers the appropriate fees as set forth on the attached exhibits: (1) Container Monthly Maintenance Charge; (2) the Container Monthly Disposal Charge; and (3) the Monthly Collection and Hauling Fees with a franchise fee and administrative fee as determined by the City added. The COntractor -19- shall remit all franchise fees to the City on a monthly basis. The City shall not be responsible for any disposal shortfall costs; however, the charge for disposal to the customer shall increase or decrease in accordance with the charges of the Solid Waste Authority. The Contractor shall bill multi-family customers the appropriate fees as set forth on the attached exhibits: (1) Container Monthly Maintenance Charge; and (2) the Monthly Collection and Hauling Fees with a franchise fee as determined by the City added. The Contractor shall remit all franchise fees to the City on a monthly basis. The City shall not be responsible for any multi-family disposal shortfall costs. 17.4 Commercial Solid Waste Disposal Charge Calculation: The City has set the "Container Monthly Disposal Charge" to be presently fixed at no less than $2.68 per cubic yard. The City fixed this charge upon the disposal fee as determined by the Solid Waste Authority based upon a calculation of a conversion factor and the tipping fee set by the Solid Waste Authority. For purposes of this Agreement, the conversion factor is presently 134 pounds per cubic yard; however, upon completion of commercial waste generation studies conducted by the Solid Waste Authority from time to time, if the conversion factor and/or tipping fee is determined to be greater or less than 134 pounds per cubic yard resulting in a disposal fee greater or less than $2.68 per cubic yard, then the conversion factor shall be increased or decreased to the result of the study. 17.5 Unusual Changes or Costs: The Contractor may petition the City at any time during the term of this Agreement for an additional rote adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not reasonably be foreseen by a prudent operator. The Contractor's request must be made within ninety (90) days of the occurrence of such unusual change or cost, and shall contain substantial proof and justification, as determined by the City Manager, to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information as may be reasonably necessary in making its determination. The City shall approve or deny the request, in whole or in part, within sixty (60) days of receipt of the request and all other additional information required by the City. 17.6 Level and T_vpe of Service for Collection of Other Wastes: Where the Contractor agrees to collect Special Waste, Hazardous Waste, Biohazardous Waste, Biological Waste or Sludge, a written agreement between the Contractor and the customer shall be entered into regarding the level and type of service to be provided, at a rate to be negotiated between the parties involved. However, upon failure of the parties to reach such an agreement for commercial services only, either party may apply to the City Manager, who shall establish the level and type of services to be provided, including the area of the container and number of pickups per week. All such collection and disposal for those types of waste in this section, when done by the Contractor, shall be in strict compliance with all Federal, State, and Local laws and regulations. -20- 17.7 Solid Waste and Recycling Collection Rate Adjustments: For all collection services, the charges shall be initially based upon the rates set forth in Exhibits I. II, and III, and as subsequently adjusted pursuant to this Agreement. The Contractor shall receive an annual adjustment increasing the rates equivalent to increases in the Consumer Price Index, but in no event shall such increases exceed three percent (3%) annually. This Consumer Price Index increase shall be applied to collection costs only and shall not be applied to container rental or disposal costs. The Consumer Price Index shall be the "all urban consumers U.S. city average" as issued by the U.S. Bureau of Labor Statistics. Commercial disposal rotes shall be increased or decreased only if such rotes are increased or deceased by the Solid Waste Authority. ARTICLE VII - CONTRACT PERFORMANCE/PENALTIES/DEFAULT 18. CONTRACT PERFORMANCE: 18.1 The Contractor's performance of the Contract shall be supervised by the City Manager or his/her designee. If at any time during the life of the Agreement, performance reasonably satisfactory to the City Manager or his/her designee shall not be made, the Contractor, upon notification by the City Manager or his/her designee shall increase the force, tools and equipmem as needed to properly perform the Contract. The failure of the City Manager or his/her designee to give such notification shall not relieve the Contractor of his obligation to perform the work at the time and in the manner specified by the Agreement. 18.2 The Contractor shall furnish the City Manager or his/her authorized representative with every reasonable opporttmity for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract. 18.3 The City Manager may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time, and the Contractor shall admit authorized representatives of the City to make such inspections at any reasonable time and place. 18.4 The failure of the City at any time to require performance by the Contractor of a.gy provision thereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of provisions hereof taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 19. COOPERATION/COORDINATION: 19.1 The City and its authorized representatives shall be permitted free access and every reasonable facility for the inspection of all work, equipment and facilities of Contractor. 19.2 The Contractor shall cooperate with authorized representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this Contract. He shall have at all times a competent and reliable English speaking representative on duty authorized to receive orders and to act for him in the case of his absence. 20. COMPLAINTS AND COMPLAINT RESOLUTION: 20.1 Office: The Contractor shall establish an office within Palm Beach County where complaints can be received. The office shall be quipped with sufficient telephones with at least one local phone number, and shall be open during normal business hours, 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday. The phones to the Contractor should be toll-free to the City and its' customers. 20.2 (~0mplaints:The Contractor shall prepare and maintain, in accordance with a format and method approved by the City, a register on all complaints, whether from the City or its' customers, and shall indicate thereon the disposition of each complaint. Such record shall be available for City inspection at all times during business hours. The form shall indicate the day and hour on which the complaint was received and the day and hour on which it was resolved. When a complaint is received after 12:00 o'clock noon on the day preceding a holiday, or on a Saturday, it shall be serviced no later than the next working day. A monthly listing of all complaints filed of both residential and commercial and their disposition shall be mailed monthly to the City Manager. Legitimacy of challenged complaints shall be determined on the basis of a joint inspection by the City Manager or his/her designee and representative of the Contractor. Disputes shall be referred to the City Manager and his/her decision shall be final. 20.3 Disputes About Collection of Certain Items: It is recognized that disputes may arise between the City and Contractor with regard to the collection of certain items due to disputes over the specific language of the Contract. The City Manager may from time to time notify the Contractor by telephone to remove all such refuse. Should the Contractor fail to remove the refuse within twenty-four (24) hours from time of notification, the City will do so and all costs incurred by the City shall be deducted from compensation due the Contractor. Notice of the amount deducted shall be given to the Contractor. If it is determined that disputed refuse did not conform to contract specifications, the Contractor shall be entitled to additional compensation for removal. 21. DEFAULT AND DISPUTE OF THE AGREEMENT: It shall be the duty of the City Manager to observe closely the Contractor's services pursuant to the Contract. Any of the following events shall be deemed to be a material breach of contract. -22- 21.1 The Contractor takes the benefits of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy laws or under any other law or statute of the United States, or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; or, 21.2 By order or decree of a court, the Contractor shall be adjudged bankrupt, or an order shall be made approving a petition filed by any of its creditors or by any of the Stockholders of the Contractor seeking its reorganization or the readjustment of its indebtedness under Federal Bankruptcy laws or under any law or statute of the United States or of any state thereof; provided that, if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect; or, 21.3 By or pursuant to or under authority of any legislative act, resolution, or role, or any order or decree of any court of governmental board, agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of the Contractor, and such possession of control shall continue in effect for a period of sixty (60) days; or, 21.4 The Contractor shall voluntarily abandon, desert, or discontinue its operations hereunder; or, 21.5 Any lien is filed against any premises in the City because of any act or omission of the Contractor and is not removed or the City and landowner adequately secured, by bond or other,~tise, within ninety (90) days after the Contractor has received written notice thereof; or, 21.6 The Contractor has abandoned, failed, or refused to perform or observe each and every promise in the Contract, or has failed or refused to comply with the instructions of the City Manager relative thereto,; and such default is not cured within seven (7) days after receipt of written notice from the City. If the Contractor fails to so cure the default, the City Manager shall so notify the City Council and a public hearing shall be set for a date within fifteen (15) days of such notice. The City Manager shall, not less than five (5) days prior to the date of such hearing, notify the Contractor and the surety of the date and place of the public hearing at which the Contractor shall be required to show cause why the Contractor has not breached the terms of the Contract. Should the Contractor fail to appear at the hearing or fail to show cause why it has not breached the terms of the Contract to the satisfaction of the City, the City shall declare a breach on the Contract and notify the Contractor and the surety on the performance bond of such a declaration of breach, or authorize the City Manager to take such other action. If the Contractor or his surety fails to cure such breach within two (2) days thereafter, then the City may thereupon declare the Contract canceled. Also, upon such a declaration of breach, all payments due the Contractor shall be retained by the City -23- and applied to the completion of the Contract and to damages suffered and expenses incurred by the City by mason of such breach, unless the surety on the performance bond shall assume the Contract, in which event all payments remaining due to the Contractor at the time of breach, less amount due the City from the Contractor and less all sums due the City for damages suffered and expenses incurred by mason of such default, shall be. due and payable to such surety. Thereafter, such surety shall receive monthly payments equal to those that would have been paid to the Contractor had said Contractor continued to perform the agreement. If such surety fails to exercise such option to cure, the City may complete the Contract or any part thereof, either by day labor or by reletting the Contract, and the City shall have the fight to take possession of and use any or all of the vehicles, materials, equipment, facilities, and property of every kind provided by the Contractor for the performance of the Contract and to procure other vehicles of the same and to charge the cost of the same to the Contractor, together with the costs incident thereto. During such period, the liability of the City to the Contractor for loss or damage to such equipment so used shall be that of a bailee for hire, ordinary wear and tear being specifically exempt fi:om such liability. In the event the City completes the Contract at a lesser cost than would have been payable to the Contractor under the Contract if the same had been fulfilled by said Contractor, then the City shall retain such difference. Should such cost to the City be greater, the Contractor shall be liable for and pay the amount of such excess cost to the City. Any transfer or assignment of the responsibilities of the Contractor by the surety must be approved by the City. The Contractor shall be excused fi:om performance in cases of war, insurrection, riot, acts of God, or other causes beyond the Contractor's control. For the purpose of this section, a strike shall be considered within the control of the Contractor. 21.7 Except as otherwise provided in this Agreement, any dispute concerning a question of fact or of interpretation of a requirement of the Contract which is not disposed of by mutual consent between the parties shall be decided by the City Manager, who shall reduce the decision to writing and f-umish a copy thereof to the parties. In connection with any dispute proceeding under this clause the party shall be afforded an oppommity to be heard and to offer evidence in support of its version of the facts and interpretation of the Contract. The City Manager shall make such explanation as may be necessary to complete, explain or make definite the provisions of the Contract and the findings and conclusions shall be final and binding on both parties. Pending the final decision of a dispute, the Contractor shall proceed diligently with the performance of the Contract in accordance with the prelixrdnary directions of the City Manager. The Contractor expressly recognized the paramount fight and duty of the City to provide adequate waste collection as a necessary government function, and further -24- agrees, in consideration for the execution of the contract, that in the event the City shall invoke the provisions of this section, Contractor will either negotiate with the City for an adjustment of the matter or matters in dispute, or present the matter to a court of competent jurisdiction with venue in Palm Beach County in an appropriate suit therefore instituted by the Contractor or by the City. :~2. RIGHT TO REQUIRE PERFORMANCE: The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same, nor shall waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provisions, or as a waiver of any provision itself. ARTICLE VIII - GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS 23. PERMITS AND LICENSES: The Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinances and maintain the same in full force and effect. 24. TITLE TO WASTE: The City reserves the right at all times to hold tide and ownership to all Refuse, Vegetative Waste or Recyclable Materials collected by.the Contractor. 25. FRANCHISE FEES: The Contractor shall collect on behalf of the City a franchise fee and administrative fee as set and determined by the City. The City shall advise the Contractor in writing of the percentage of gross revenues to be added by the Contractor to the charges billed by the Contractor, excluding disposal, arising from any services or operations conducted in the City under this Agreemem. The franchise fees and administrative fees collected by the Contractor on behalf of the City shall be remitted to the City within thirty (30) days of the last day of each calendar month. In the evem the Contractor shall fail to remit to the City the franchise fees and administrative fees collected by the Contractor on behalf of the City on the date hereinabove set forth, then the Contractor shall pay a late charge of 1.5% of the monies due calculated monthly until such fees are received by the City. 26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL: Subcontractors will be permitted only for the provision of portable sanitation services for Special Events as noted under Article IX. Otherwise, subcontractors will not be permitted under the terms of the Agreement. Contractor shall make no assignment of its rights or -:25- obligations under the Contract without first obtaining the written consent of the City, which may be granted or withheld in its sole discretion. In the event Contractor is a corporation, partnership or other legal entity, there shall be no change in the direct or indirect legal or factual control of such entity without first obtaining the written consent of the City. A change of legal control includes, but is not limited to, a transfer of the ownership of over 20% of the Contractor or any person or entity owning a 20% or greater interest, direct or indirect, in the Contractor. 27. BONDS AND SURETIES: 27.1 performance Bond: The Contractor shall furnish a performance bond in the form attached to the Bid Specifications as security for the performance of this Agreement with the City of Delray Beach. Said performance bond will be the greater of $500,000 or the annual amount of the executed Contract as calculated at award and adjusted yearly on the anniversary date of the Contract, to remain in force for the duration of the Contract. The premium for the performance bond described above shall be paid by the Contractor. The performance bond shall be written in a surety company licensed to do business in the State of Florida with an A.M. Best Financial Rating of A Class VI or higher for the most current calendar year available. 27.2 Requirements as to Surety_: The Surety or Sureties shall be a company or companies satisfactory to the City. Any Surety shall be required to have a resident agent in the State of Florida and shall be duly licensed to conduct business therein. The requirement of Florida resident agent may be waived by the City if evidence satisfactory to the City is provided that applicable requirements have been met to permit service of process on a State official under State law. 28. INSURANCE REQUIREMENTS: 28.1 During the life of the Contract, the Contractor shall procure, maintain and provide the City with certificates of insurance as evidence of the insurance required under this Section 28. The City shall be an additional insured on this insurance with respect to all claims arising out of the operations or work to be performed. Cancellation .or modification of said insurance shall not be effected without thirty (30) days prior written notice to City. Except as otherwise stated, the amounts and types of insurance provided by the Contractor shall conform to the following minimum requirements: 28.1.2 Worker's Compensation: The Contractor shall provide and maintain during the life of the Contract, at his own expense, Workers Compensation Insurance coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. In addition, the policy must include employers' liability insurance in an amount not less than -26- $100,000 each accident, $100,000 by disease and $500,000 aggregate by disease. If any operations are to be undertaken on or about navigable waters, coverage must be included pursuant to the Longshoremen and Harbor Workers Act and the Jones Act. 28.1.3 Comnrehensive General Liabilit?: The Contractor shall provide and maintain during the life of the Contract, at his own expense Comprehensive General Liability Insurance. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: Minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. · Premises and/or operations. Independent contractors. Products and/or completed operations. The contractual coverage must specify that it covers the Hold Harmless Agreement which is part of this contract. 28.1.4 Busille~s Automobile Policy: The Contractor shall provide and maintain during the life of the Contract, at his own expense, Comprehensive Automobile Liability Insurance. Coverage must be afforded on a tom no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: Minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. Owned vehicles. Hired and non-owned vehicles. Employer's non-ownership. The contractual coverage must specify that it covers the Hold Harmless Agreement which is part of this Contract. 28.1.5 Umbrella Liability: In addition to the above limits, the Contractor shall provide at least a $5,000,000 umbrella or excess liability insurance policy. 28.2 Certificate of Insurance: Certificates of all insurance required from the Contractor shall be subject to the City's approval of adequacy and protection. Certificates from -27- the insurance carrier stating the types of coverage provided, limits of liability, and expiration dates, shall be filed with the City before operations are commenced. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this agreement and section and the above paragraphs, in accordance with which such insurance is being furnished, and shall state that such insurance is as required by such paragraphs of the Contract. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished, within ten (10) days prior to expiration, and shall state that such insurance is as required by such paragraphs of this agreement. 29. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor hereby agrees to abide with all applicable Federal, State and local laws and regulations. It is understood that the City has ordinances for effecting a solid waste control program. It is the responsibility of the Contractor to become familiar with such ordinances, and it is understood that, if any provisions of said ordinances are in conflict with the conditions of the Contract, the ordinances shall be the governing factor for performances of the Contract. 30. INDEMINqFICATION: The Contractor shall defend, indemnify, save harmless, and exempt the City, its officers, agents, servants, and employees fi.om and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting fi.om injury to or death of persons or damage to property arising out of or resulting fi.om the Contract or fi.om work done by the Contractor in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the fight to retain counsel of its choice and at its own expense, or, in the alternative, approve counsel obtained by the Contractor. 31. BOOKS AND RECORDS: The City shall have the right to review all records that pertain to the Contract which are maintained by the Contractor upon three (3) days' prior written notice. 32. NOTICES: Any notice required hereunder shall be in writing and delivered in person, by telecopy or by certified mall to either party at its business address shown herein. -25- 33. TERMINATION: The Contract may be terminated by the City, with cause, upon sixty (60) days written notice to the Contractor, or after such shorter notice and cure period as may be specified hereunder. In the event the Contract is terminated as provided herein, the Contractor shall be reasonably compensated for services rendered to the effective date of such termination, as mutually agreed upon. 34. ILLEGAL PROVISIONS: If any provisions of the Contract should be declared illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. 35. ENTIRE AGREEMENT: This Agreement contains the entire contract, understanding, undermldng and agreement of the parties for and during its term, and no change or amendment hereof shall be binding unless set forth in writing and executed with the formality of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first hereinabove written. ATTEST: · THE CITY OF DELRAY BEACH, FLORIDA By: By: Title: Title: Witness: BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC., a Delaware corporation By: William B. Johnson, Vice Presidem (Corporate Seal) (del-7-16.¢on) July 17, 1996 Residential Rates · Curbside Carts - (11.763 Units~ Monthly Service Cost Per Unit Total Monthly Cost Total Annual Cost Garbage Collection 2.51 29,525.13 354,301.56 Recycling 1.40 16,468.20 197,618.40 Yard Trash 1.30 15,291.90 183,502.80 Bulk Trash .20 2,352.60 28,231.20 TOTAL FEES 5.41 63,637.83 763,653.96 · Reardoor Owner Container - (1.500 Units)* Monthly Service Cost Per Unit Total Monthly Cost Total Annual Cost Garbage Collection 7.85 11,775.00 141,300.00 Recycling 1.40 2,100.00 25,200.00 Yard Trash 1.30 1,950.00 23,400.00 Bulk Trash .20 300.00 3,600.00 TOTAL FEES 10.75 16,125.00 193,500.00 · Curbside Disposable Ba_~s (2.627 Units~** Monthly Service Cost Per Unit Total Monthly Cost Total Annual Cost Garbage/Trash Collection 1.55 4,071.85 48,862.20 Recycling .85 2,232.95 26,795.40 TOTAL FEES 2.40 6,304.80 75,657.60 Note: These fees do not include roil-out container f~ or other fees which will be addmi by the City to the residential rate. * This reardoor service shall only be provided to residential areas located East of the Intracoastal Waterway and Sherwood Park. ** This curbside disposable bag service shall only be provided to residential areas located at Imperial Villas and Country Manor. EXHIBIT II Multi-Family Rates Number of Units - 12.000 Number of Recycling (96 gallon) Containep4 - 1,400 Container Monthly Maintenance Charge Container Pickup Frequency Container Size I 2 3 4 5 6 vd. 19.40 19.40 19.40 19.40 19.40 19.40 ~ 21.44 21.44 21.44 21.44 21.44 21.4~ vd. 22.21 22.21 22.21 22.21 22.21 22.21 vd. 25~$3 25.53 25.53 25.53 25.53 25.53 vd. 27.09 27.09 27.09 27.09 27.09 27.09 Collection & Hauling Rate/Unit Monthly Service Cost Per Unit Refuse Collection 1.35 Recycling .80 *TOTAL PER UNIT FEES- 2.15 MULTI-FAMILY *These costs do not include the Container Monthly Maintenance Charge, nor the franchise fees or any other fees to be added by the City and collected by the Contractor on behalf of the City. -31 - EXHIBIT III Commercial Rates Container Pickup Frequency Container Size 1 2 3 4 5 6 2 yd. Collection $ 8.76 $ 17.50 $ 26.26 $ 35.02 $ 43.76 $ 52.52 Disposal $ 13.35 $ 26.69 $ 40.04 $ 53.39 $ 66.73 $ 80.08 ConminerMaintenaaceFee $ 19.40 $ 19,40 $ 19.40 $ 19.40 $ ~9.40 $ 19,40 Total $ 41.51 $ 63,59 $ 85.70 $107.81 $129.89 $152,00 3 yd, Collection $ 13.13 $ 26.26 $ 39,39 $ 52.52 $ 65.65 $ 78.78 Disposal $ 20.02 $ 40.04 $ 60.06 $ 80.08 $100. I0 $120.12 Con~ainer Maintenance F~ $ 21.44 S 21,44 S 21,44 $ 21,44 $ 21,44 $ 21,44 Total $ 54.59 $ 87.74 $120.89 $154.04 $187.19 $220.34 4 yd. Colleetion $ 17.50 $ 35.02 $ 52.52 $ 70.02 $ 87.54 $105.04 Disposal $ 26.69 $ 53,39 $ 80.08 $106.77 $133.47 $160.16 Container Maintenance Fee $ 22.21 tS 22.21 $ 22.21 $ 22.21 ~ $ 22.21 Total $ 66.40 $110.62 $154.81 $199.00 $243.22 $287.41 6yd. Collection $ 26.26 $ 52.52 $ 78.78 $105.04 $131.30 $157.56 Disposal $ 40.04 $ 80.08 $120.12 $160.16 $200.20 $240.24 ContainerMalnt~nanc~F~ $ 25.53 $ 25.53 $ 25.53 $ 25.53 $ 25.53 $ 25.53 Total $ 91.83 $158.13 $224.43 $290.73 $357.03 $423.33 8 yd. Collection $ 35.02 $ 70.02 $105.04 $140.06 $175.06 $210.08 Disposal $ 53.39 $106.77 $160.16 $213.55 $266.93 $320.32 Container Maintemmce Fee $ 27,09 $ 27,09 $ 27.09 $ 27.09 $ 27.Q9 $ 27,09 Total Sl 15.50 $203.88 $292.29 $380.70 $469.08 S557.49 Added to the totals shown above simfl be a franchise fee and administrative fee as determined by the City to be collected by the Contractor and remitted to the City. Note: The foregoing rates are based on $2.3.00 per ton ($1.54 per cubic yard), which is the anticipated Solid Waste Authority tippin~ fee to be effective October 1, 1996. -32- LAW OFI~CF.S OF Dm w M. LEmTT, P.A. 1301 W~.,~-r N£wPowr CEN'rEK DRIVF. DEERI~F.I.r~ REACii. FLORIDA 33442 DE~A R. TAUB (954} 419-1360 * A~f',~r~L, f~ N~W YoI~K (954) 360-7322 aUGUST 1, 1996 Susan Ruby, city Attorney City of Delray Beach Z00 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Susan: This is to ask that you place on the next available city commission Agenda, Palm Acts' request for approval of the attached Aqreement between Palm Acts, Inc. and charisma Entertainment Group, Inc. Very truly yours, /bas Attachment CoPY VIA FAX COUNSEL FOR GI'LMIN1 GROUP. INC. AND AFFII.IATF~.g AGREEMENT THIS AGREEMENT (hereinafter called the "Agreement"] made this 1st day of August, 1996 by and between CHARISMA ENTERTAINMENT GROUP, INC. (hereinafter called "Charisma"), having an address at 1111 Biscayne Boulevard, Miami, Florida 33181, and PALM ACTS, INC. (hereinafter called "PAL~"), having at address at 1301 Wemt Newport Center Drive, Deerfield Beach, Florida 33442, agree am follows: 1. This Agreement is subject to the D~c~mb~r 14, I~? Agreement with tile City of Delray Beach (hereinafter called the "City") and PALM and any amendments thereto, in all respects. 2. Charisma shall, within f~.v~ (5) days of sending in a deposit for an act, deposit ONE H~]NI])RED TWENTY-FIVE THOUSAND ($125,000) DOLLARS in the checking account tha~ ~as previously been established at Barnett Bank for this matter (the "Account"). The Account shall be used specifically for promoting events at the Delray Beach Stadium (hereinafter called the "Stadium"). Charisma shall in~ure that the Account has sufficient funds in it, at all time~, to cover payments anticipated by PALM for the upooming forty-five (~5} days. 3. So long as the terms and conditions of this Agreement are strictly complied with, this Agreement shall be co- terminus with PALM's Agreement, and any amendments thereto, with =he City. 4. Before proposing an event to the City, or its representatives, for approval, PALM and Charisma shall agree that the event is ~uitable for the venue. Charisma shall a~erage one event per quarter for each year from the starting da%e of the contract with the City. 5. Charisma and PALM shall work together, and with the City, ~r its representatives, to utilize the Stadium, in part, for events that provide a benefit to charitable causes. 6. Charisma shall comply with all the requirements contained in ali contracts betwemn PALM and the city regarding the Stadium and events promoted at the Stadium. The Agreement, and any amendments thereto, Between PALM and thc City contain numerous requirements, all of which must bc timely complied with by Charisma. 7. The Agreement, and any amendments there%o, between PALM and the City shall remain in full force and effec~ az]d tl]e rights and privileges granted to PALM by virtue of that Agreement, and any amendments thercto, shall remain with PALM. Charisma's role shall be to utilize its financial resources and expertise to assist PALM in fulfilling PALm's Agreement, and any amel]~ments thereto, with the City. S. Charisma shall have the exclusive right to hire artists for events promoted by PALM pursua~]t Co PALM's A~reement, and any amendments thereto, with the City. 9. Charisma shall ~mar the financial responsibility, and pay, for each and every cost and expense relatt~g to planning, promotions, and clean-u~ relative to putting on events and PALM will not be responsible for any costs or e~pens~s of any type. 10. Cllarisma shall provide a complete accounting of all revenues and expenses generst~d by an event in accordance with generally accepted accounting principals in conjunction with each an~ every aspect of Charisma's role in fulfilling this Agreement. PALM shall have the right to audit and review Charisma's financial records with regard to its involvement at the Stadium. All accountings and reconciliations of all income and expenses 2 generated by ticket sales, concessions, and all other revenue sources from each event shall be completed no latmr than ten (10) days from the completion of the event. 11. Ail monies due to PALM from ticket sales shall be paid to PALM by Charisma within forty-eight (48) hours after the Tioket Master reconciliation and all other monies shall be paid within fiv~ (5) days of the conclusion of thc event. 12. If any of the terms and conditions of this Agreement, including fulfilling the obligations owed to the City, ate not met, or the time deadlines are not strictly complied with, then this Agreement shall be subject to termination by PAL~ upo~% twenty-one (21) days written notice by PALM to Charisma. Notice to Charisma shall be sufficient when faxed or mailed to SYDNEY FRIEDLER, ESQ. Sheehy & Friedler, One Fulton Avenue, Hempstead, New York 11550, unless Charisma provides PALM with a differez':% contact person in writing. If termination occurs after an event l~as been concluded, the parties will be entitled to their respective shares of the r~venues consistent with the terminated Agreemmnt. Any termination of this Agreement shall not relieve the parties from complying with all obligations incurred prior to termination. 13. As to the "JAMES BROWN CONCERT", all OUtStanding obligations of Charisma from that event, including th~ items contained in the June 10, 199~ letter from Drew M. Levitt, Esq. to Sydney Friedler, Esq., shall be satisfied withim ten (10) days of the date of th~ execution of this Agreement. Notwithstanding the foregoing, withizl ten (10) days of the execution of this Agreement, the outstanding obligations relating to the production company, I.R.C. shall be determined and pavement shall be made to the person or entity that has, as of this date, paid I.R.C. for this obliga- tion of charisma. Harold Van Arnem shall be paid $13,379.(']7 out of the first monies received by Charisma from any source. 14. Charisma shall be an independent contractor and shall have no authority to employ any person as an employee or a~ent of PALM or the City, nor mhall Charisma be empowered to enter into contracts on behalf of PALM or the city. 15. PALM shall have the right to approve all concession- aires and the sale of all merchandise sold at an event. 16. Charisma will diligently pursue obtaining sponsors, advertisers, as well as all other interested partie~ regarding events at the Stadium and will provide ongoing formal and informal communications to PALM as to its achievements. Formal status reportm to PALM shall be sent by Charisma at lea~t on a monthly basis with regard to efforts being undertaken by Charisma pertaining to the Stadium. 17. Ail advertising and public relation materials regarding the Stadium shall be subject to prior written approval by PAL/Hand all public announcements and promotions shall include PALM in the communication. 18. PALM shall receive five (5%) percent of the g'coss ticket sales and parking ~¥~u~. 19. For each event, the city shall be paid by Charisma the amount it is entitled to pursuant to the Agreemen~ between PALM and the city, and any amendments thereto, e~cept for concession revenue which is governed by Paragraph 22. 20. PALM shall receive ten (10%) percent of any sponsorship revenue generated by Charisma and fifty (~0%) percent of sponsorship revenue generated by PALM after out-of-pocket expen~e~ are reimbursed to PALM or CHARISMA, as the case may be. Ail advertising revenue, net of out-of-pocket expenses paid by Charisma directly related to such advertising, shall be split equally Between charisma and PALM after out-of-pocket expenses are reimbursed to PALM or CHARISMA, as the case may be. 21. PALM shall receive twenty-five (25%) percent of the gross profit received by Charisma from concessions. Gross profit shall be defined as gross revenue, less cost of goods sold. 22. PAL~ shall be remponsible £or paying the city its entitlemcnts regarding concessions. 23. All contracts with third parties regarding the Stadium shall be at arms length and standard with the same type of contracts entered into for such purposes in the industry. PALM shall be provided with copies of all contracts between Charisma and third parties before such contracts are executed ~nd PALM must approve said contracts before Charisma binds itself to suc~ contracts. 24. PALM shall receive twenty (20%) percent of all revenue generated from merchandise sales received Dy Charisma from each event. 25. Any other revenue of any kind obtained directly by Charisma through its affiliation with the Stadium shall be shared with PALM by Charisma receiving eighty (8~';%) percent of such revenue and PALM receiving twenty (20%) pmra~nt. 26. This Agreement shall be subject to approval by the city. IN WITNESS WH~REOH, the parties hereto have executed this Agreement as of the d=te first above written. CHARISMA ENTE.RTAINMENT GROUP INC. PALM ACTS, INC. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~.~' - MEETING OF AUGUST 6, 1996 REQUEST FOR EXTENSION OF CONDITIONAL USE AND SITE PLAN APPROVAL/KEYSTONE CREATIONS DATE: AUGUST 2, 1996 This is before the Commission to consider a request to extend the conditional use and site plan approval for Keystone Creations. The project is a monument and stone cutting operation on a parcel approximately 0.81 acres located on the east side of N.W. 18th Street, north of Don Francisco's Way. On September 28, 1993 the Commission approved the conditional use request. On March 9, 1994 the Site Plan Review and Appearance Board approved the site and development plan. Both approvals were subject to the condition that all of the improvements would be constructed within 18 months from the date of conditional use approval. The applicant was granted an 18 month extension on February 21, 1995, with conditions, but the Commission voiced concerns that all time frames be met and that failure to comply would immediately cause the extensions to become null and void. The plan approvals will expire on August 21, 1996. The applicant requests another extension to both approvals based on circumstances which he feels are beyond his control. The applicant is proposing to divide the project into two phases as detailed in the attached material. Staff feels it may be appropriate to grant a four month extension subject to conditions that (1) the applicant process a non-impacting site plan modifi- cation indicating Phase 1 and 2 improvements by no later than August 21, 1996; (2) that all perimeter landscaping and buffers be installed pursuant to the approved site plan as part of Phase 1 improvements; (3) that the project go before the Commission in two months for a progress report, with the understanding that if Phase 1 improvements are not substantially completed, the approvals will become null and void and that the Commission may consider possible legal options with respect to the continuation of this use of the property; and (4) that the applicant obtain a Certificate of Occupancy for all of Phase 1 improvements by no later than December 6, 1996. Recommend Commission consideration. ~ ~. ~D~ ~~vv THRU: DIANE DOMINGUEZ, DIREC~:)R_,,,/ DEPARTMENT OF PLANNING AND ZONING FROM: J.,NNET MEEKS, SENIOR PLANNER SUBJECT: MEETING OF AUGUST 6, 1996 REQUEST FOR AN EXTENSION OF A CONDITIONAL USE AND SITE PLAN APPROVAL FOR KEYSTONE CREATIONS The action requested of the City Commission is that of granting an extension of a Conditional Use and Site Plan approval for Keystone Creations. The project is a monument and stone cutting operation on a parcel of land containing approximately 0.81 acres. The subject property is located north of Don Francisco's Way, on the east side of N.W. 18th Avenue. Currently, the site contains a wood frame structure and a stone cutting saw for Keystone Creations. The use of a monument and stone cutting business has never been legally established. The subject property has a long and controversial land use history, and the most recent history is provided below. On September 28, 1993, The City Commission approved a Conditional Use request for Keystone Creations for the establishment of a monument and stone cutting business subject to conditions. On March 9, 1994, the Site Plan Review and Appearance Board approved a site and development plan for Keystone Creations subject to conditions. One of the conditions for both approvals was "that all of the improvements indicated on the approved site plan be constructed within eighteen months from the date of Conditional Use approval". This condition was attached in-lieu of the standard City Commission Documentation Keystone Creations - Request for Extension of Conditional Use and Site Plan Approvals. Page 2 provisions for establishing projects contained in Section 2.4.4(D), which states that the project is vested if 25% of the improvements are installed. The site and development plans for Keystone Creations provide for the construction of two buildings, outside storage area, parking, and associated landscaping (see attached site plan). The larger of the two buildings would be two stories containing offices, warehouse and storage of finished product, and stone which are currently being stored outside on the site. The smaller building located to the rear of the property would be one story containing the two stone cutting saws, lathe, and storage for stone waiting to be processed. On February 21, 1995, the City Commission granted an extension for the Conditional Use and site plan for an additional 18 months with the following conditions: · That the plat be approved and recorded by May 1, 1995. · That a full building permit application and building construction plans be submitted for plan review by June 1, 1995. · That in-field construction commence by August 1, 1995. · That all the improvements as shown on the site and development plans be constructed by August 21, 1996 lin-lieu of the standard provision for establishing projects contained in Section 2.4.4(D)]. The Commission voiced their concerns about the project and their desire that the above time frames be met. Failure to comply with any of the above dates would immediately cause the extensions for Conditional Use and Site Plan approvals to become null and void. The plat was recorded on time, the building permits were submitted for plan review by June 1, 1995, however infield construction just started several weeks ago. The Conditional Use and Site Plan approvals will expire on August 21, 1996, unless another extension is granted. The applicant has requested an extension to both approvals based on circumstances which he feels were beyond his control. Additional background information and full analysis of the development proposals can be obtained upon request from the Planning Department. Pursuant to LDR Section 2.4.4(F) (Extensions), extensions may be granted to a previously approved application pursuant to the following: City Commission Documentation Keystone Creations - Request for Extension of Conditional Use and Site Plan Approvals. Page 3 · A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; · The letter must set forth the basis and reason for the extension; · The extension shall be considered by the same body which granted the original approval; · The extension, if granted, shall be for eighteen (18) months unless othen~/ise stated. Additionally, when an extension is requested for a project on which construction has not commenced, or construction has not been deemed substantial, the granting body must make findings as outlined in Article 3.1 of the LDRs. These are the same findings that were made for the original approval, which relate to Consistency with the Future Land Use Map and Comprehensive Plan, Concurrency, and Compliance with the Land Development Regulations. The letter of request (copy attached) was submitted by the agent for Keystone Creations in a timely manner and states the following: Reasons for Delay in Com.~letion of Structures "... The City Commission asked that construction of the buildings be commenced and concluded at times set in the odginal order. For the reasons which follow, it became impossible to meet those construction deadlines, but the client is now ready to proceed. One reason the client could not commence construction at the time requested, is that the use was asked to construct a public sewer main within 18th Avenue, from Atlantic Avenue to the property. Construction of a sewer line proved financially impossible to do, because the cost of the construction of the sewer line was very substantial. This client is financing all of his work on this site from has savings, without the benefit of any bank financing ........ The client applied to HRS for an exemption from connection to sewer. The Department ultimately in April of this year granted the exemption. This enabled the client to finally apply for building permits for the use. While this did lead to some de/ay in getting construction stated, the client has since April proceeded as diligently as possible. The letter indicates that the building to the rear, seven parking spaces, and dumpster enclosure will be constructed by August 21, 1996, as well as removal of most of the stone from the site. While some progress has been made, it does not appear that the improvements can be completed by August 21 st. There have been no changes in the Land Development Regulations since the time of the original approvals which would make any aspect of the proposed monument and City Commission Documentation Keystone Creations - Request for Extension of Conditional Use and Site Plan Approvals. Page 4 stone cutting business non-conforming. Similarly, a finding of concurrency can be made for this project with respect to the level of service standards. Staff conducted a site visit on July 29, 1996 to verify the progress of construction. The footers for the building to the rear have been laid, and the concrete wall along the southern property line is under construction (footer and about three courses of block laid for a 6' high wall). The owner has indicated that the slab for the building will be poured within the next week. Building materials i.e. roof trusses, dumpster, and concrete block, have been brought to the site in anticipation for the continuation of construction ( it is noted that these items are being stored in the adjacent right-of-way). The applicant is proposing to divide the project into two phases. Phase I would include the rear building that will enclose the saw, as well as parking and perimeter landscape improvements. Phase 2 will include the second building and additional parking. The Phase 1 improvements--enclosing the saw and screening the outside storage--are the critical improvements that will bring the site into compliance with codes. The second phase improvements are primarily those desired by the applicant to improve his operations. Based on the fact that the saw building is under construction, it may be appropriate that the Commission allow the applicant to progress with the construction and grant a four (4) month extension subject to the following conditions: · That the applicant process a non-impacting site plan modification indicating Phase 1 and 2 improvements by no later than August 21, 1996; · That all the perimeter landscaping and buffers be installed pursuant to the approved site plan as part of Phase I improvements; and · That the project be brought back to the Commission for a progress report in two months with the understanding that if the Phase 1 improvements are not substantially completed that the Conditional Use and site plan approvals will become null and void, and that the Commission may consider possible legal options with respect to the continuation of this use on the property; · That the applicant obtain a Certificate of Occupancy for all of Phase 1 improvements by no later than December 6, 1996. Since the City Commission is the body which granted the original approval for the Conditional Use, and the site plan is tied to that use approval (both of which are being requested to be extended), neither the Planning and Zoning Board nor SPRAB have reviewed this request. City Commission Documentation Keystone Creations - Request for Extension of Conditional Use and Site Plan Approvals. Page 5 1. Deny the extension request for the Conditional Use and site plan for Keystone Creations. 2. Grant an extension request for both the Conditional Use and site plan for Keystone Creations for an additional four (4) months subject to the following conditions: That the applicant process a non-impacting site plan modification indicating Phase 1 and 2 improvements by no later than August 21, 1996; · That all the perimeter landscaping and buffers be installed pursuant to the approved site plan as part of the Phase 1 improvements; and · That the project be brought back to the Commission for a progress report in two months with the understanding that if Phase 1 improvements are not substantially completed the Conditional Use and site plan approvals will become null and void, and that the Commission may consider possible legal options with respect to the continuation of this use on the property; · That the applicant obtain a Certificate of Occupancy for all of Phase 1 improvements by no later than December 6, 1996. Commission discretion. Attachments: * Letter of Request * Site Plan LAW OFFICE OF BRYCE G. KALE~A, P.A. 5~ AUSTRAL~N AVENUE SOUTH CLEARLAKE PLAZA, SUITE 600 WEST PALM BEACH, FLO~DA 33401 BUSINGS, U~GATION AND OFFICE: ~7) 655-~70 GOVERNMENTAL, ADMINISTRATIVE, LAND DEVELOPMENT LAW FAX (~7) 659~850 ZONING AND LAND USE LAW July 3, 1996 *** BY FACSIMILE TRANSMISSION *** ***ORIGINAL TO FOLLOW BY U.S. MAIL***~~¢~'' MS. Diane Dominguez, Director, Planning Department City of Delray Beach ~\\~',~ 100 N.W. 1st Avenue Delray Beach Florida 33444 Re: Keystone Creations Inc.: REQUEST FOR EXTENSION OF CONDITIONAL USE FOR STONE CUTTING OPERATION Dear Ms. Dominguez: Thank you for meeting with me and with my client, Ron Ballman of Keystone Creations, respecting the Keystone Creations site on 241 N.W. 18th Avenue, Delray Beach Florida. The meeting provided my client with an opportunity to explain to you some of the events which have unfortunately caused a delay in the construction of the buildings and improvements on this property. The meeting also provided the City staff with an opportunity to explain their concerns about the use, concerns which we share and which we address herein. Request for Extension of Conditional Use As we discussed, I submit this formal request for an extension of the existing conditional use for stone cutting on the site. In support thereof, I provide the assurances set forth herein, as well as an explanation for the delay in commencement of construction of the buildings and improvements on this property. Reasons for Delay in Completion of Structures The client was initially approved by the City Commission for a conditional use for stone cutting. The City Commission asked that construction of the buildings be commenced and concluded at times set in the original order. For the reasons which follow, it became impossible to meet those construction deadlines, but the client is now ready to proceed. One reason the client could not commence construction at the time requested, is that the use was asked to construct a public sewer main within 18th Avenue, fr6m Atlantic Avenue to the property. Ms. Diane Dominguez, Director, Planning Department City of Delray Beach July 3, 1996 Page Two Construction of a sewer line proved financially impossible to do, because the cost of the construction of the sewer line was very substantial. This client is financing all of his work on this site from his savings, without the benefit of any bank financing. Florida law, however, authorizes the Florida Department of Health and Rehabilitative Services to issue an exemption from the connection to public sewers for those uses which, although located in an industrial or commercial zone, do not generate significant amounts of sanitary wastewater and. will not use ~harmful or ,toxic substances. Thus, I obtained engineering reports respecting this matter, and then applied to the Palm Beach County offices of the Florida Department of Health and Rehabilitative Services for an exemption from connection to sewer. The Department ultimately in April of this year granted the exemption. This enabled the client to finally apply for building permits for the use. While this did lead to some delay in getting construction started, the client has since April proceeded as diligently as possible. Proqress Since April, 1996 With the sewer exemption question resolved, Keystone Creations now has building permits to construct, and is diligently constructing, the rear-most building on the site, and plans to complete this building by August 21, 1996. This building will house the stone saws, thus addressing the concern of City staff that the saws and stone cutting work be housed indoors. In addition, the client plans to install the perimeter landscaping for the front and rear of this site by August 21, 1996 as well. He will also work on the front wall, and he expects he will be able to complete the required parking (seven spaces) for the rear building by August 21, 1996 as well, and he will place the required dumpster as shown on the site plan. These improvements will show substantial progress to the City on the work. In addition, Keystone Creations is most sensitive to the staff's concern about the amount of scrap stone stored on this site. As you know, this stone cutting use receives shipments of large, ancient limestone blocks quarried from the earth, which Keystone cuts into architectural details which are incorporated into residences and office buildings. This process results in scrap stone, which has unfortunately accumulated on the site. While the architectural details made from the large stone blocks are very beautiful, the stone scraps sometimes are not. In Ms. Diane Dominguez, Director, Planning Department City of Delray Beach July 3, 1996 Page Three recognition of staff's concern about this, Keystone is making plans to remove most of the scrap stone from the site by August 21, 1996. This will create a proper storage area for the incoming shipments of limestone blocks for future use. Keystone retains some scrap for future use, and needs to continue to do so, since a stone scrap from one job may well become a part of a future job. Thus, this property owner is closer than ever to realizing his hope of enclosing the stone cutting operation and making this property look more neat. The work listed herein is Phase I of the development of this property. The client wishes to postpone the remainder of the work on the Site Plan to a later Phase II of his construction on site, to be done at a later date. I am authorized, therefore, to ask that the City of Delray Beach grant an extension of the Conditional Use for this property to enable the completion of Phase I and the later completion of Phase II of the site plan. In the past, it has seemed that sometimes the City may have placed such items as this one on a City Commission agenda for action, without necessarily notifying the property owner of the date of the hearing or discussion on the item. Please let me know if you can when this item will come on for consideration by the City Commission, and if there is a staff report produced in advance of the hearing on this request, then this letter constitutes a public _ records request that I receive a copy of that report. I look forward to working with you on this matter, and I thank you and the City for their most cordial consideration of this request. By Bruce G. Kaleita, Esq. For The Firm MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/ ,/ SUBJECT: AGENDA ITEM # ~'// - MEETING OF AUGUST 6, 1996 BID AWARD/MATRIX MEDICAL INC. DATE: AUGUST 2, 1996 This is before the Commission to consider a bid award in the amount of $12,022.50 to the second low bidder, Matrix Medical, Inc., for the purchase of seven oxygen powered automatic transport ventilators for the Fire Department. Bids were received from five vendors. Staff's recommendation is to award to Matrix as the second low bidder since their bid offers a disposable patient circuit which protects the patient and Fire Department employees from cross contamination. This disposable circuit is not available from the low bidder. Recommend approval of the award to second low bidder, Matrix Medical, Inc., at a total cost of $12,022.50. Six units ($10,305) will be funded from Ambulance and Rescue Service Machinery & Equipment (Account No. 001-2315-526-64.90), and one unit ($1,717.50) from Highland Beach - Machinery & Equipment (Account No. 001-2313-522-64.90). Agenda Item No.: AGENDA REQUEST Date: 'July 29, 1996 Request to be placed on:, XX Regular Agenda Special Agenda Workshop Agenda When: AuEust 06, 1996 Description of agenda item (who, what, where~ how much): Bid Award- Bid #96-47 - Purchase Of Seven (7) Oxygen Powered Automatic Transport Ventilators For Fire Departme'nt. Award to Matrx Medical~ Inc. at a total cost of $12~022.50 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Matrx Medical at a total cost of $12,022.50 for purchase of seven (7) Oxygen Powered Automatic Transport Ventilators for Fire Dept. per Bid #96-47. Funding for six (6) units from account #001-2315-526-64.90 - $10,305, and for one (1] unit from account #001-2313-522-64.90 - $1~7,~.~0 ~etermination of Consistency wih~h~omprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): Funding available:~ NO ~ ~7,~_Qg '~o~5/, Funding alternatives?-~-' ~;7~~ ~5o/~g (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda:.. ~/ NO /'~~---./~ ~,~. ~,L~xl Agenda Coordinator Review: /~[- ~ Received: ~-~~ f ?~ ( Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Ro~~or Buyer~' THROUGH: Joseph Saff~ance Director DATE: July 29, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING AUGUST 06, 1996 - BID AWARD - BID #96-47 PURCHASE OF SEVEN (7) OXYGEN POWERED AUTOMATIC TRANSPORT VENTILATORS FOR FIRE DEPARTMENT Item Before Commission: The City Commission is requested to award to Matrix Medical, Inc. for the purchase of seven (7) Oxygen Powered Automatic Transport Ventilators for the Fire Department at a total cost of $12,022.50. Background: The Fire Department has the need for seven (7) automatic transport ventilators. These ventilators function as a constant inspiratory flow rate generator triggering pressure to minimize the work of breathing for the patient. Bids were received on June 27, 1996, from five (5) vendors, all in accordance with City purchasing procedures. (Bid #96-47 Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Assistant Fire Chief and EMS Supply Officer have reviewed the bids and recommend award to second low bidder, Matrx Medical Inc., at a total cost of $12,022.50 per attached memo dated July 15, 1996. Recommendation is to award to second low bidder, as their bid offers a disposable patient circuit which protects the patient and Fire Department employees from cross contamination. This disposable patient circuit is not available from the low bidder. Recommendation: Staff recommends the award to second low bidder, Matrx Medical, Inc., at a total cost of $12,022.50. Funding for six (6) units ($10,305) from account #001-2315-526-64.90 and for one (1) unit ($1,717.50) from account 001-2313-522-64.90. Attachments: Tabulation Of Bids Memo From Fire Department Dated 07/15/96 cc: Dennis Morley, Lieutenant EMS Supply Officer Mike Wigderson, Assistant Fire Chief [ITY OF OELRRY BEREH FIRE DEPARTMENT ~,~,,v,,~-~ ,)El.I-,AY B[~At;i, · GUi. F: S~RL-AM · ,IIGIILAkI()BI~^(:, DELRAY BEACH Ali.America City 'FO: JACKIE ROONEY, SENIOR BUYER THRU: M.B. WIGDERSON, ASSISTANT FIRE CHIEF~[,0 FROM: LT. DENNIS MORLEY, EMS SUPPLY OFFICER DATE: JULY 15, 1996 SUBJECT: AUTOMATIC TRANSPORT VENTILATORS I have reviewed the bids for the ATV's. The two top contenders are the Ambu Matic offered by Amb~ Inc., and the LSP Autovent 3000 offered by Matrx Medical Inc. The Ambu Matic is priced at $22.50 less per unit than the Autovent for a total of $157.50 for the seven (7) units. Both units appear to meet the specifications, however, there is a very important difference in the operation of the units relative to possible cross contanfination. The Autovent 3000 advertises a disposable patient circuit that would be discarded after a single use and would protect the main patient valve. The circuit is priced at $8.00 per circuit, but contamination of the patient valve may cost a great deal of money to fix or to have to replace. I have checked with Ambu Inc., and they do not offer a disposable circuit. As you know, over the years we have made every effort to protect our patients and our employees from cross contamination. It is for this reason I believe that we should continue this very important safety policy for our perso~mel and the City by purchasing the LSP Autovent 3000. Page - 2 - Memorandum - July 15, 1996 Jackie Rooney, Senior Buyer ATV' s Therefore I recommend that we accept the Matrx Medical bid of $12,022.50 for the seven (7) Automatic Transport Ventilators. Funding for six units at $10,305., is available from Operations Budget, line item #001-2315-526-64.90 and for the seventh unit, $1,717.50 is available from the Highland Beach Budget, line item #001-2313-522- 64.90. Thank you for your help in this matter. Dennis Morley, Lieutenant EMS Supply Officer DM/mmh CITY OF I)ELRAY BEACH TABULATION OF BIDS BID ~t96-47 OXYGEN POWERED AUTOMATIC TRANSPORT VENTILATORS FOR FIRE ])EPARTMENT June 27, 1996 Advanced Medical & Vendor Ambu, Inc. Matrx Medical~ Inc. Pharmaceutical Supplie Description: Qty. LSP Model Autovent 7 1,695.00 / 1,717.50 / 2,145.00 / !#3000 or approved 11,865.00 12,022.50 15,015.00 equal Additional Charges For Training of n/a n/a n/a Personnel Manufacturer / Ambu Matic Life Support LP461 LSP 461 Model Nui~er #226-002-000 Autovent 3000 #RLS3000 Delivery Time 5 - 7 calendar days 20 calendar days 7 - i0 calendar days after receipt of after receipt of ;after receipt of purchase order purchase order purchase order Warranty One year warranty One year parts & One year warranty labor Co~m~ents/]~xceptions Literature included Will extend same Will extend same w/bid pricing, terms, and pricing, terms, and Will extend same conditions to other conditions to other prices, terms, and Palm Beach County Palm Beach County conditions to other Governmental Entities Governmental Entities Palm Beach County Governmental Entities !: CITY OF DELRAY BEACH TABULATION OF BIDS BID #96-47 OXYGEN POWERED AUTOMATIC TRANSPORT VENTILATORS FOR FIRE DEPARTMENT June 27, 1996 Vendor: Fisher Safety Aero Products Corp. iDescriPtion: Qty. LSP Model Autovent 7 2,622.95 / 11719.00 * #3000 or approved 18,360.65 equal Additional Charges For Training of n/a n/a Personnel Manufacturer / LSP 3000 #461 LSP/Allied Model Model Number Autovent #3000 * Delivery Time 14 calendar days 7 - 14 days after after receipt of receipt of purchase purchase order order Warranty Manufacturer ' s Manufacturer ' s Warr- Warranty anty for period of one year 'Comments/Exceptions Will extend same * Vendor stated error terms, pricing, and !lmade in typing of conditions to other !~unit price Palm Beach County ** LSP Model 3000 Governmental Autovent is manufact- Entities ured with a delivery pressure of 60+ 5 cm H20 and does not have an option to change to 80 cm H20 Product Specification sheet attached for your review. MEMORDd~DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~i~I SUBJECT: AGENDA ITEM ~- MEETING OF AUGUST 6, 1996 BID AWARD/DAKOTA CONSTRUCTION, INC. DATE: AUGUST 2, 1996 This is before the Commission to consider the award to the low responsive bidder, Dakota Construction, Inc., for repairs to eight lifeguard towers at the municipal beach. Bids for this contract were received from eight vendors. The low bidder, Holt Construction, did not meet the bid specifications for the warranty on brackets and hardware. Staff recommends award to the second low bidder at a total cost of $10,503.03 from Parks and Recreation - Other Repair and Main- tenance Costs (Account No. 001-4123-572-46.90). Recommend approval of the bid award to Dakota Construction, Inc. as the lowest responsive bidder, for repairs to eight lifeguard towers at the municipal beach. Agenda Item No.: ~ AGENDA REQUEST Date: May 16, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 21~ 1996 Description of agenda item (who, what, where, how much): Recommend awarding bid for repair of lifeguard towers to Dakota Construction, Inc. in the amount of $10,503.03. This will be funded out of account #001-4123-572-46.90. ORDINAlqCE/ RESOLUTION REQUIRED: YESN~ Draft Attached: YES/NO Recommendation: Award bid to Dakota Construction, Inc. Department Head Signature: ~ Determination of Consistency wi 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: Account Balance: ~ I~l~i City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Senior Buyer THROUGH: Joseph Sa~nance Director %,- DATE: April 25, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 07, 1996 - BID AWARD - BID #96-39 REPAIRS TO EIGHT (8) LIFEGUARD TOWERS Item Before Commission: The City Commission is requested to approve the award to the low responsive bidder, Dakota Construction, Inc., at a total amount of $10,503.03 for the repair of eight (8) lifeguard towers at the Delray Beach Municipal Beach. Background: Bids for this contract were received on April 03, 1996 from eight (8) vendors, all in accordance with City purchasing procedures. (Bid #96-39. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Director of Parks and Recreation recommends award to the second low bidder, Dakota Construction Inc., per attached memo dated April 04, 1996, as the low bidder (Holt Construction) did not meet the requirement stated in bid specifications for the warranty on brackets & hardware. Recommendation: Staff recommends the award to Dakota Construction Inc., at a total cost of $10,503.03. Fundin~ from account 001-4123-572-46.90. Attachments: Tabulation of Bids Memo From Parks And Recreation Dated April 10, 1996 cc: Joe Weldon, Director Of Parks And Recreation Joe Dragon, Asst. Director of Parks and Recreation MEMORANDUM TO: Joe Safford Finance Diroctol J Director of Pa~s and Re~eation FROM: J~ Dragon ~sistant Dire~or of Pa~s and Re~eation SUBJECT: BIDS FOR REPAIRS TO LIFEGUARD TOWERS DATE: April 10, 1996 Attached please find bids for repair to 8 lifeguard towers. I recommend approval to the 2nd Iow bidder, Dakota Construction Inc., in the amount of $10,503.03. The 1st Iow bidder, Holt Contractors Inc., did not comply with the bid specification item requesting an eight-year guarantee of the brackets and hardware. That company offered only a four-year guarantee. Funding for the repairs is available in account number 001-4123-572-46.90. Thank you. Joe ,l~gon /'/ As~stant Director~f Parks and Recreation JD:giv Att/ REF: LFGDTOWE.DOC Mr. Joe Weldon August 1, 1996 Director of Parks and Recreation 50 N.W. 1st Avenue Delray Beach, Florida 33444. Re: BID $t~96-39 (lifeguard towers) Dear Mr. Weldon, This is a brief letter with regards to Bid #96-39 associated with the lifeguard towers in ~he City of Delray Beach. We will maintain the prices in our original bid for the next thirty days so that your review and approval processes can take place prior to fei. easing the job. This price is based on all the original plans and specifications. We look forward to completing this work for the City and if I may be of further assistance in this matter, please don't hesitate to call. Very Truly Yours, Thomas Ciambrone, Jr. C,E.O. cc Jackie Rooney CITY OF DELRAY BEACH TABULATION OF BIDS BID #96-39 REPAIRS TO (8) LIFEGUARD TOWERS AT MUNICIPAL BEACH April 03, 1996 Holt Dakota ARZ Builders Tri-County Contractors Inc Construction Inc Inc. 'Marine ~VENDOR: Contractors !TOTAL LUMP S~M PRICE FOR REPAIRS 9,656.00 10,503.03 10,550.00 11,650.00 COMPLETION OF WORK WITHIN 30 DAYS AS yes yes yes yes STATED IN SPECS. BRACKETS & HARDWARE guaranteed for yes yes yes QUARANTEED FOR EIGHT four years YEARS AS STATED IN SPECS. COMMENTS/EXCEPTIONS CITY OF DELRAY BEACH TABULATION OF BIDS BID #96-39 REPAIRS TO (8) LIFEGUARD TOWERS AT MUNICIPAL BEACH April 03, 1996 R.L. Beekman Const. Young :J B Kern Construction Inc & Development Development Construction Inc VENDOR: TOTAL LUMP SUM PRICE FOR REPAIRS see alternates 14,992.00 * 15,536.00 15,840.00 COMPLETION OF WORK WITHIN 30 DAYS AS no yes yes yes STATED IN SPECS. BRACKETS & HARDWARE QUARANTEED FOR EIGHT no yes no yes YEARS AS STATED IN SPECS. COMMENTS/EXCEPTIONS *Alternate 1 - *option #2 - 13,299.00 13,482.00 use 8"x8"xl/2" difference in .hot dipped galv. specs. = · . angles, anchored leave existing w/ 1/2" hot dipp- brackets in ed galv. bolts, place, wire Alternate 2 - brush & Paint 20,384.00 w/primer sealer use 8"xS"xl/2" Install a new stainless steel bracket to both angles, anchored sides of 8x8 w/ 1/2" stain- post and skid. less steel bolts (see detail - Due to incom- attached) plete specs, on Option #2 saves the high build time and material polyamide epoxy that is to be applied to steel angles, R.L. Construction is proposing the usc of the alternates /pR-d3:96 NED 16:00 DflKOTfl FA× NO, 407 495 9400 P. O2 ,,.._.,~--..~ ~r. Goe ~eldon Director of Parks and Recreation 50 N.W. 1st. Avenue Delray Beach, Florida 33444 April 03, 1996 RE: BID #96-39 (lifeguard towers) Dear Mr. Weldon, This is a brief letter with regards to the opening of Bid ~ 96-39 at 3 P.M. on April 3, 1996, City of Delray Purchasing Department. The purpose of this letter is to relate to you that our bid was second lowest of all bids, however the lowest bid which was approximately $ 400.00 less (~-year warranty)was not including all of the specifications (8-year warranty) given to us to bid on by the City of Delray Purchasing Department. We are requesting that we be allowed to either bid accordingly, which will allow us to bring in a lower cost as well, or for the City of Delray to respect our bid which is the lowest according to the specifications. We thank you [or your efforts in this ma~ter. Thomas Ciambrone Jr. /F C.E.O. C/C Jackie Rooney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~J - REGULAR MEETING OF AUGUST 6~ 1996 DIRECTION CONCERNING CITY LOGO DATE: AUGUST 2, 1996 In pursuing the Commission's direction to look into registering the City's logo, we discovered that two different versions are being used. Basically, one has a tree and the other does not (see attached). Staff's best recollection is that in the mid to late 1980's, there was some discussion about taking the tree out because some people felt it too closely resembledthe County's logo. In researching the matter, we were unable to find anything to io~licate that any formal actionwas ever taken. We are still using both versions and need direction on how to proceed. The logo without the tree would be less costly since fewer colors would be needed. Commission direction is requested. ref:agmemol2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 6, 1996 APPOINTMENTS TO THE PLANNING AND ZONING BOARD DATE: AUGUST 1, ! 996 The terms for Fred Bonardi, Louis Carbone, Gary Eliopoulos and N. Willard Schwartz will expire on August 31, 1996. Mr. Bonardi, Mr. Carbone and Mr. Schwartz were initially appointed to the Planning and Zoning Board in August, 1994, and have each served one full term. Mr. Eliopoulos wes appointed in May, 1996, to fill an unexpired term. They are all eligible for reappointment and would like to be considered for an additional term. Attendence records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. The term is for two (2) years, beginning September 1, 1996, and ending August 31, 1998. The list of applicants is attached for your review. Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The order of appointment will be as follows: Commissioner Egan (Seat #2) Commissioner Ellingsworth (Seat #3) Commissioner Randolph (Seat #4) Mayor Alperin (Seat #5) Recommend appointment of four (4) members to the Planning and Zoning Board for two year terms ending August 31, 1998. ref: agmemo Appointments to the Planning and Zoning Board City Commission Regular Meeting of August 6, 1996 The following individuals have sutx~itted applications for your consideration: Sandra Almy Donald Allgrove (currently serving on CSB; also applied for BOA) Edward Aptaker (also applied for BOA) Patricia L. Archer (also applied for SPRAB) J. Kent Atherton Scott Atkinson John G. Baccari (currently serving on BOA with term expiring 8/31/96; has reapplied for BOA and also SPRAB) Fred Bonardi (incumbent) Ronald Brito (also applied for SPRAB, HPB and BOA; owns property in the city) Louis J. Carbone (incumbent) Helen Coopersmith Peter E. Costello Kenneth J. Damian (also applied for SPRAB) Anthony Damiano (also applied for HPB) Mark David (also applied for SPRAB) Perry DonFrancisco (also applied for BOA and SPRAB) Michael Eisenrod (also applied for SPRAB) Gary Eliopoulos (incumbent) W. Howard Ellingsworth (currently serving on Housing Authority) Joseph Farkas (also applied for HPB) Sharon Fowler (also applied for HPB and SPRAB) Bob Griek Ruth Hauser (also applied for HPB) (continued . . . ) Henry Heller (also applied for SPRAB) Daniel P. Hess (currently serving on BCA; has also applied for SPRAB) Anne Hoctor (also applied for BOA) Barbara Holden (currently serving on CEB) Russell Jennings (also applied for SPRAB) George Maso Jones (currently serving on Affor~d~able Housing; has also applied for SPRAB and HPB) John-Michael Jones Leo Koppman (also applied for BOA) Michael Lang (also applied for SPRAB, HPB and BCA) Harriet Lerman Jon Levinson (also applied for SPRAB) Alberta McCarthy (also applied for SPRAB, BOA) Gall Lee-McDermott (also applied for SPRAB and HPB) P. Michael Manning Arthur J. Menor Ralph Morse (also applied for HPB) Steven Neubarth (also applied for SPRAB) Arthur B. NeJame Michael G. Park (currently serving on BOA with term expiring 8/31/96) Sylvia 6~ynn Pecaro Janet Phipps (also applied for SPRAB and BOA) Michael K. Plum Sherry Morris Potts Scott Rsinhart Benjamin F. Ricker, III (also applied for BOA) N. Willard Schwartz (incumbent) Sidney Soloway (also applied for BOA) Stanley Watsky MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~/-- - REGULAR MEETING OF AUGUST 6, 1996 APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD DATE: AUGUST 1, 1996 The terms for Patty M. Andrews (layperson), J. Michael Pakradooni (layperson), Charles Toth (architect), and Daniel Carter (landscape architect) will expire on August 31, 1996. Mrs. Andrews and Mr. Carter were initially appointed to the Site Plan Review and Appearance Board in August, 1994, and have each served one full term. Mr. Pakradooni was appointed in April, 1996, to fill an unexpired term. They are eligible for reappointment and would like to be considered for an additional term. Mr. Toth does not wish to be considered for reappointment. Attendance records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. In addition, one member of the board shall be a registered architect and one member shall be a landscape architect or a person with expertise in landscaping or horticulture. The term is for two (2) years, beginning September l, 1996, and ending August 31, 1998. The list of applicants is attached for your review. Pursusnt to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The order of appointment will be as follows: Commissioner Randolph (Seat #4) - layperson Mayor Alperin (Seat #5) - layperson Commissioner Kiselewski (Seat %1) - architect Commissioner Egan (Seat %2) - landscape architect B~commend appointment of four (4) members to the Site Plan Review and Appearance Board for two year terms ending August 31, 1998. ref: agmemol Appointments to the Site Plan Review and Appearance Board City Commission Regular Meeting of August 6, 1996 The following individuals have sut~itted applications for your consideration. Please note the separate categories. Applicants for layperson positions: Patty M. Andrews (incumbent) Bonnie Ansbacher (also applied for HPB) Patricia L. Archer (also applied for P&Z) Robert Brewer (also applied for HPB) Ronald Brito (also applied for P&Z, HPB, BOA and BCA; owns property in the city) Kenneth J. Damian (also applied for P&Z) Mark David (also applied for P&Z) Perry DonFrancisco (also applied for BOA and P&Z) Michael Eisenrod (also applied for P&Z) Anne R. Ford Sharon Fowler (also applied for HPB and P&Z) Louis G. Glesmann III (also applied for HPB) Henry Heller (also applied for P&Z) Daniel P. Hess (currently serving on BCA; has also applied for P&Z) Richard Kheel Russell Jennings (also applied for P&Z) George Maso Jones (currently serving on Affordable Housing; has also applied for P&Z and HPB) Michael Lang (also applied for P&Z, HPB and BCA) Jon Levinson (also applied for P&Z) Barbara Libbey Alberta McCarthy (also applied for P&Z, BOA) Gail Lee-McDermott (also applied for P&Z and HPB) (continued ... ) Steven Neubarth (also applied for P&Z) J. Michael Pakradooni (incumbent) Janet Phipps (also applied for P&Z and BOA) Rhonda Sexton (also applied for HPB) Arnold B. Smith Chris Stray (currently serving on CEB) Charles Williams Applicants for architect position: Shane Ames (also applied for HPB) John Baccari (currently serving on BOA with term expiring 8/31/96; has reapplied for BOA and also P&Z) Richard Brautigan (currently serving on BOA with term expiring 8/31/97; has also applied for HPB) David Martin Thuy Shutt (also applied for HPB) Applicants for landscape architect position: Daniel Carter (incumbent) SITE PLAN REVIEW AND APPEARANCE BOARD .' 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Hark Little A/P P/p p/p P/A P/A P/P P/P Patty Miller Andrews P/P P/A P/A P/p p/p P/P A/P $. Michael Pakradooni (appnt 4/96) P P/P P/A P/A Richard Sheremeta p/p p/p p/p P/P P/P P/P A/P Charles Toth P/P P/P P/p P/A P/P A/P A/P Daniel Carter P/P P/P P/P P/P P/A P/P A/P E. Conrad Sittler, Jr P/P P/P P/A P/P A/P P/P P/P SITE PLAN REVIEW AND APPEARANCE BOARD 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Patty M. Andrews P/P P/P P/P P/P PPP P/A P/P P/P P/P P/P P/P P/P Richard Mouw P/P P/P E/P P/P PPP P/A P/A P/P P/A P/P P/P Charles Toth P/P P/P P/P A/A PPP P/P P/P P/P A/P A/P P/P A/P Daniel T. Carter P/P P/E P/P P/P PPP P/P P/P P/A P/P P/P P/P P/P Richard Sheremeta P/P P/P P/P P/P PPP A/P P/P A/P P/P A/P P/P P/P Mark Little P/P P/P P/P A/P PPP P/P P/P P/P P/P P/P A/P P/P E. Conrad Sittler, Jr. (appn~ 8/951 P/P P/P P/P P/P SITE PLAN REVIEW AND APPEARANCE BOARD 1994 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Gen~ D. ~isher ~[? PI? ?/? ?[P Ex/? ?pp p/p ~/? Ofl Board Richard ~ou~ P/P P/P P/A 'Ex/P P/P ExPP ?/P P/? ?/? P/Ea ?/? ?/? Richard Sheremeta P/P P/A P/P P/P P/Ex PPEx P/P P/P P/P P/Er P/P P/P Jess Sowards P/P A/P p/p P/P P/Ex ppp P/P P/P Ofl Board iDebora Turner Oster P/P P/A P/P Ex/P P/P PPEx P/P P/P Of J Board iJohn Weaver P/P P/P P/P Ex/P p/p ppp P/Er P/P P/P P/P P/P P/Ex Mark Little P/P P/P P/P P/Ex P/P PPP P/P P/P P/P P/P P/P P/P Patty M. Andrews (~ppnt 8/94) P/P Ex/~ P/P P/P Charles Toth (~ppnt 8/94) P/P P/P P/Ex P/Ex Daniel Carter (~ppnt 9/94) P P/P P/P P/P atten.doc MEMORANDUM TO: MAYOR AND CIT~ COMMISSIONERS FROM: CITY MANAG~ i SUBJECT: AGENDA ITEM # ~.. - REGULAR MEETING OF AUGUST 6, 1996 APPOINTMES~S TO THE HISTORIC PRESERVATION BOARD DATE: AUGUST 1, 1996 The terms for Vera Farrington, Susan Hurlburt, John Johnson and Julie Morgan will expire on August 31, 1996. Mrs. Farrington was appointed in August, 1994, to her first full term. Mrs. Hurlburt was appointed in March, 1996, to fill an unexpired term. Mr. Johnson was appointed in June, 1995, to fill an unexpired term. They are all eligible for reappointment and would like to be considered for an additional term. Ms. Morgan does not wish to be considered for reappointment. Attend__~_nce records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. In addition, the recently adopted Ordinance No. 24-96 provides that the Commission shall appoint professional members from the fields of architecture, landscape architecture, history, architectural history, licensed contractor familiar with restoration, planning, archeology, or other historic preservation related fields such as design, urban planning, American studies, American civilization or cultural geography, provided there are applicants available. Laypersons of knowledge, experience and judgment having an interest in historic preservation should compose the balance of the membership. Further, preference should be given to professional and lay people who own property within historic districts or whose property is listed in the Local Register of Historic Places. The term is for two (2) years, beginning September 1, 1996, and ending August 31, 1998. The list of applicants is attached for your review. Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The order of appointment will be as follows: Commissioner Egan (Seat #2)~ ~7~~ Commissioner Ellingsworth (Seat #3)~ ~*~ Commissioner Randolph (Seat ~4)~~_~~~ Recommend appointment of four (4) members to the Historic Preservation Board for two year terms ending August 31, 1998. ref: agmemo2 Appointments to the Historic Preservation Board City Commission Regular Meeting of August 6, 1996 The following individuals have sut~itted applications for your consideration. The list is separated into those persons owning property in an historic district and other applicants. Owns property in an historic district: Shane Ames (architect; Del-Ida Park; also applied for SPRAB) John L. Frysinger (layperson; Marina District) Frank Rozzo (layperson; Old School Square) Thuy Shutt (architect; Del-Ida Park; also applied for SPRAB) Donnamarie Sloan (interior designer; Marina District) Other applicants: Bonnie Ansbacher (interior design; also applied for SPRAB) Janet Baron (layperson; real estate background; currently serving as alternate on BOA) Richard Brautigan (architect; currently serving on BOA; has also applied for SPRAB) Robert Brewer (layperson, architectural studies; also applied for SPRAB) RDnald Brito (contractor; currently serving on BCA; has also applied for P&Z, SPRAB, BOA and BCA; owns property in the city) Frank Comisso (layperson) Anthony Damiano (layperson leasing historic house; has also applied for P&Z) Betty Diggans (layperson, realtor) Joe Farkas (layperson; also applied for P&Z) Vera Farrington (layperson; incumbent) Sharon Fowler (geography, planning courses, xeriscape advisor; also applied for SPRAB, P&Z) Louis G. Glesmann, III (layperson; craftsman, historical renovations; also applied for SPRAB) Ruth Hauser (geography/planning degree; also applied for P&Z) (continued ... ) Susan Hurlburt (art history, studies in Florida history and architecture; incumbent) John P. Johnson (historian, preservationist; incumbent) George Maso Jones (layperson, realtor; currently serving on Affordable Housing; has also applied for P&Z and SPRAB) Michael Lang (resides in historic district; general contractor; has also applied for P&Z, SPRAB and BCA) Gail Lee-McDermott (art major, architectural courses; has also applied for P&Z and SPRAB) Ralph Morse (layperson, photography; has also applied for P&Z) Rhonda Sexton (interior design; also applied for SPRAB) HISTORIC PRESERVATION BOARD 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee Debora Turner Oster P/P P/A A PPP P/P A/P Pat Healy-Golembe P/P P/A A AAP P/P P/P John Vaughn P/P P/P P PPP P/P P/P John P. Johnson ~m P/p P/P P PPP P/A P/P Vera R. Farr:[ngton :~ A/P P/P P ~ A/P P/P o Julie Morgan ~ p/p A/P A PAP A/P P/P Susan Hurlburt (appnt,,i3/96) P PPP P/P A/A HISTORIC PRESERVATION BOARD 1995 Jan Feb Mar Apr May Jun Jul Aug 8ep Oct Nov Dec James "Buck" Miller P P/P P/P P/P P/P P P P P/P P/A P/P P/P Vera R. Farrington P P/E E/P P/P A/P P P A P/P P/P A/P P/P Julie Morgan P E/P P/P A/P P/P A P P P/P A/P P/P P/P John Vaughn P P/E P/P P/P P/A P P P P/A P/P P/P P/P John Johnson (appnt 6/ 75) P P P/P P/P P/P P/P P. Healy-Golembe (appn 8/95 A/P P/A P/P P/P Debora Oster (appnt 8/75) P/P P/P P/P P/P MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF AUGUST 6, 1996 APPOINTMENTS TO THE BOARD OF ADJUSTMENT DATE: AUGUST !, 1996 The terms for John Baccari, Michael Park and C. Lee Wilder, Jr., regular members, will expire on August 31, 1996. Mr. Park has served two successive terms and is not eligible for reappointment. Mr. Baccari was originally appointed as an alternate member in August, 1995, and was appointed in October, 1995, as a regular member to fill an unexpired term. Mr. Wilder was appointed as an alternate in September, 1994, and as a regular member in February, 1996, to fill an unexpired term. They are both eligible for reappointment and would like to be considered for an additional term. Attendance records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. The term is for two (2) years, beginning September 1, 1996, and ending August 31, 1998. The list of applicants is attached for your review. Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The order of appointment will be as follows: Mayor Alperin (Seat #5) ~ ~- L~ RY ,'/~, ~' Commissioner Kiselewski (Seat #1)~~~_- ~ Commissioner Egan (Seat #2)~~~ Recommend appointment of three (3) regular members to the Board of Adjustment for two year terms ending August 31, 1998. ref:agmemo3 Appointments to the Board of Adjustment City Commission Regular Meeting of August 6, 1996 The following individuals have sutm~tted applications for your consideration: Donald Allgrove (currently serving on CSB; also applied for P&Z) Edw-ardAptaker (also applied for P&Z) John G. Baccari (incumbent; has also applied for SPRAB and P&Z) Janet Baron (currently serving as alternate on BOA; also applied for HPB) RonaldBrito (currently serving on BCA; owns property in the city; also applied for P&Z, HPB, SPRAB and BCA) Perry DonFrancisco (currently serving on Kids and Cops; also applied for SPRAB and P&Z) Anne Hoctor (also applied for P&Z) Leo Kop~man (also applied for P&Z) Alberta McCarthy (also applied for SPRAB and P&Z) Janet Phipps (also applied for SPRAB and P&Z) Benjamin F. Ricker, III (also applied for P&Z) Sid Soloway (also applied for P&Z) C. Lee Wilder, Jr. (incumbent) BOARD OF ADJUSTMENT 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jess Sowards P A P P P A John G. Baccari P P P P A P Cheryl Lee-Bennett P P A P A P Michael G. Park P P P p P p Lee Wilder, Jr.. ~A P ~ p P P reg. mem 2/967 ~ z ALTERNATES Richard Brautigan (ap:> 2/96 A A A A Janet Baron (appnt 1/'~6) P P p p P BOARD OF ADJUSTMENT 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Michael G. Park P P/P P P p Robin Bird P P/P P P p John Baccari (appnt 8/95) I P/P P P P Cheryl Lee-Bennett P P/P P p P Jess Sowards (appnt il/95)I ~ p ? Alternates C. Lee Wilder Ex A/A P p MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~':/~ / SUBJECT: AGENDA ITEM # ~O - REGULAR MEETING OF AUGUST 6, 1996 APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: AUGUST 1, 1996 The following terms on the Board of Construction Appeals will expire on August 31, 1996: Daniel T. Davis (general contractor) Arthur King (master electrician) Michael Kilbourne (air conditioning contractor) Murray Gold (real estate/insurance) Joseph Pike (engineer) Mr. King has served two successive terms and is not eligible for reappointment. Messrs. Davis, Kilbourne, Gold and Pike were appointed to their initial terms in August, 1994. They are eligible for reappointment and would like to be considered for an additional term. Attendance records are attached. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. The term is for two (2) years, beginning September 1, 1996, and ending August 31, 1998. The list of applicants is attached for your review. Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The order of appointment will be as follows: Mayor Alperin (Seat #5) - general contractor ~~ Commissioner Kiselewski (Seat #1 ) - master electrician ~/~'~ /~'~/ Commissioner Egan (Seat ~2) - air coDx~itioning contractorxz~,-~ Commissioner Ellingsworth (Seat #3) - real estate/insurance Commissioner Randolph (Seat #4) - engineer ~ ~ Recommend appointment of five (5) members to the Board of Construction Appeals for tw~ year terms ending August 31, 1998. ref: agmemo4 Appointments to the Board of Construction Appeals City Commission Regular Meeting of August 6, 1996 The following individuals have sut~mitted applications for your consideration: Applicants for general contractor position: Daniel T. Davis (incumbent) Michael T. Lang (also applied for electrical contractor and real estate positions; has also applied for P&Z, SPRAB, HPB) Dominick Sarlo Leonard R. Sheppard (also applied for engineer position) Applicants for master electrician position: Michael T. Lang Matthew BDsenfield Applicant for air conditioning contractor position: Michael Kilbourne (incumbent) Applicants for real estate/insurance position: Murray Gold (incumbent) Michael T. Lang Applicants for engineer position: Joseph Pike (incumbent) Samuel Resnick Leon~rd Sheppard BOARD OF CONSTRUCTION APPEALS 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Ronald Brito P Daniel T. Davis P Daniel P. Hess P Roy M. Simon P Arthur King P Michael Kilbourne A Donald MacLaren A Murray Gold P Joseph Pike P BOARD OF CONSTRUCTION APPEALS 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Daniel T. Davis p A Arthur King P P Michael Kilbourne P P Murray Gold P P Joseph Pike P P Daniel T. Hess Ex P Roy M. Simon P A Donald MacLaren Ex P Ronald Brito (appnt. ~/95) P Writer's Direct Line: (407) 243-7090 DELRAY BEACH All.SmSa Cit~ : DA~: July 18, 1996 ~;nO/~'~/ ' ~OM: David N. Tolces, Assis~nt Ci~ SUBJECT: Movable Fixture Ordinarl~¢ The attached ordinance is the latest edition of the proposed movable fixture ordinance. The primary revisions are as follows: 1. The movable fixture ordinance will be located in Section 102.40 of the Code of Ordinances as opposed to the LDR's. This will assist in the consolidation of the City's code which will allow City employees to review the ordinance without having to use both the LDR and code books. 2. Def'mition of "modular newsrack" on Page 3. 3. The addition of other locations where modular newsracks may be placed, and as a result, individual newsracks will be prohibited. The additional locations are the North Federal Highway Redevelopment Area, and the West Atlantic Redevelopment Area. This revision is on Page 6. 3. The removal of the term "reasonable" before the word "graffiti" in Section 102.40(D)(6) on Page 7. 4. The addition of item 102.40(D)(6)(h) which requires the publishers to maintain the area surrounding the newsracks in a neat and orderly condition. This addresses the issue of litter and trash around the newsracks. The parties agree that the publishers should be responsible for cleaning up around their newsracks. 5. On Page 8, Section 102.40(E)(1)(c) was deleted. Newsracks will be allowed to be placed on sod or grass. The publishers feel very strongly that if the City prohibits the placement of newsracks on sod or grass that a City Commission /uly 18, 1996 substantial majority of their locations will be eliminated. This provision, in the publishers' minds, effectively bans newsracks from the City. 6. On Page 9, Section 102.40(E)(8), the clear zone at an intersection is being reduced to 25 feet from 40 feet. The parties briefly discussed the nature of the 40 foot limitation. It was agreed that the 40 foot distance is not needed, and that a 25 foot clear zone would adequately protect the City's concerns with public safety. 7. On Page 11, Section 102.40(E)(9)(d) will prohibit a publisher from locating a newsrack within a 150' radius of another newsrack which distributes the same paper. If demand warrants, a double-wide newsrack of no greater than 40" in width may be placed in a location. 8. On Page 10, Section 102.40(F), the publishers and distributors will have to execute an indemnification agreement in the City's favor prior to placing newsracks within the right-of-way in addition to providing insurance. The indemnification agreement should protect the City from liability in the event of an injury resulting from the placement of a newsrack. I distributed the ordinance to the publishers in June. The only substantive comments I received were from the Palm Beach Post who requested the width of a double newsrack be 40 inches, and that the effective date of the ordinance be 180 days after passage in order to allow for the installation of the concrete pads for the modular newsracks. No other comments were received. At this time, Commission consideration on first reading is requested. Please call if you have any questions. DNT:smk Attachment cc: Susan A. Ruby, City Attorney David T. Harden, City Manager Lula Butler, Director of Community Improvement Richard Bauer, Code Enforcement Administrator Diane Dominguez, Director of Planning & Zoning ORDINANCE NO. 27-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 6.3.3, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; REPEALING SECTION 102.40, 'NEWSRACKS' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; ENACTING A NEW SECTION 102.40, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, substantial growth in the number of newspaper operators and Newsracks in the City has produced a significant increase in the number of Newsracks installed in public rights-of-way; and WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services; and WHE~AS, the installation and placement of Newsracks in public rights-of-way has resulted in concerns by the public and City officials with regard to the safety, convenience and aesthetics thereof; and WttEREAS, the City Commission Finds that there is a need to regulate and establish procedures regarding installation, placement maintenance and insuring of Newsracks within the City; and WHEREAS, the City Commission finds that such regulations and procedures governing Newsracks will serve to promote the health, safety, aesthetics and welfare of the citizens of Delray Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 6, 'Infrastructure and Public Property", Article 6.3, 'Use and Work in the Public Right-of-Way", Section 6.3.3, 'Movable Fixtures Within the Right-of-Way'', of the City of Delray Beach Land Development Regulations is hereby repealed in its entirety: Section 2. That Title 19, "General Regulations", Chapter 102, "Streets and Sidewalks", Section' I02.40, "Newsracks", of the Code of Ordinances of the City of Delray Beach, is hereby repealed in its entirety and a new Section 102.40, "Movable Fixtures Within the Right-of-Way" is hereby enacted to read as follows: ,Section 102.40 MOVABLE FIXTUREg WITHIN THE RIGHT-OF-WAY: (A) Purpose and Scone: The purpose of the following is to promote the public health, safety_ and welfare through the regulation of placement, type. appearance, servicing, and insuring of newsracks on public rights-of-way so as to: .. (1) Provide for nedestrian and driving safety_ and convenience, (_2) Restrict unreasonable interference with the flow of pedestrian or vehicular traffic incIuding ingress into or egress from any residence or place of business, or from the street to the sidewalk by ~rsons exiting or entering parked or standing vehicles, (3) Provide for public and property_ safety, during hurricane conditions. (4) Provide reasonable access for the use and maintenance of poles, posts, traffic signs or si_finals, hydrants, mailboxes and access to locations used for public transnortation purposes. rS) Relocate and/or renlace newsracks which result in a visual blight and/or excessive space allocation on the nublic rights-of-way or which unreasonably detract from the aesthetics of more window displays, adjacent landscaning and other improvements, as well as to have abandoned newsracks removed. (6I Maintain and protect the values of surrounding pro_r~rties and nrevent damage to grass right-of-way areas. C7) Reduce unnecessary_ exposure of the public to _nersonal injury_ or pro_t~erty damage. (8) Treat all newspapers equally regardless of their size. content, circulation, or frequency of publication. 2 ORD NO. 27-96 (9) Maintain and preserve freedom of the oress. ¢10~ Cooperate to the maximum with newspaper distributors. _(B) Definitions: For the purnose of this subsection the following definitions shall apply artless the context clearly indicates or requires a different meanin_e. "Advertising Circular." Any publication that contains only advertising and no news "Auxiliary Lane." A turn lane or on-street parking area. 'Bike Path." That oortion of a right-of-way imnroved, designed, or ordinarily used for "Controlling Entity_." The person or entity, responsible for placing and maintaining a movable f~xture, the owner of the movable fixture, or the ~ublisher of the newspaper vended within a newsrack. "Downtown Area." The rectan_eular area bounded generally by the western right-of-way of S.W./N.W. 4th Avenue on the west. the northern right-of way of N.W./N.E. 2nd Street on the north, the Intracoastal Waterway on the east and the southern right-of-way of S.W./S.E. 1st Street on the south. In addition, on the east side of the Intracoastal Waterway. Lowry Street on the north. Miramar Street on the south, and the western right-of-way of Ocean Boulevard on the east. Also includine N.E. 2nd Avenue from Atlantic Avenue north to N.E. 4th Street. "Intersecting Sidestreet." Any roadway or driveway on which traffic is required to stop mior to enterine the intersection. "Modular Newsrack." A connected grouning of four to nine newsracks placed on a _~edestal which is installed or used for the disnlav, sale. or distribution of newspaper or other news periodicals or advertisin~ circulars. "Movable Fixture." Any newsrack, bench, or other non-attacbed fixture. "Newsrack." Any self-service or coin-operated box. container, storage unit. or other dis~nser installed, used. or maintained for the dist~lav, sale. or distribution of newspaper or other news periodicals or advertising circulars. 3 ORD NO. 27-96 'Paved Surfaces.~ Any hard maintained surface used or built for the purpose of transporting vehicles, bicycles or _twxlestrian.~. including parking areas. Surfaces shall include, but' not be limited to. ast~halt, concrete, hayer block, tree grates and/or rocks. 'Public Agency. ~ The City_ of Delrav Beach. Palm Beach County. the State of Florida. its subdivisions, denartments or authorized agents. 'Right-of-Way.' All that area dedicated to public use or otherwise owned by a tmblic* agency for public street pumoses and shall include, but not be limited to. roadways, swales, bike naths, and sidewalks. 'Roadway.' That portion of a right-of-way improved, designed, or ordinarily used for vehicular traffic. 'Sidewalk." Any surface within a right-of-way provided for the exclusive or primary, use LC, I Certificate of Compliance Required: The oublisher or distributor of any newspa_~r or written neriodical distributed from any newsrack location within a ci.ty right-of-way shall notify the Code Enforcement Administrator or his/her designee, in writing, of the location or change of location of any such newsrack by filing a certificate of compliance in accordance with the provisions of this section no later than 14 days after the olacement or relocation of the newsrack. (1) Reviewing and Enforcement authority; The authority responsible for reviewing the certificates of comnliance to verify_ compliance with the ordinance r}rovisions and enforcing the terms of this ordinance shall be the Code Enforcement Administrator or his/her designee. {2) Certifications: The controlling entity_ shall file with the Code Enforcement Adminintrator a written certificate of compliance which ~hall contain the following (_ah The name. address and teler~hone number of the controlling entity_, who iS the owner and/or princinal res_tmnsible for the newsrack(s). _(b) The name. address and telephone number of a responsible nerson whom the City_ may notify, or contact at any time concerning the controlling entity's newsrack(s~, including notifications for enforcement r~urp_ oses. 4 ORD NO. 27-96 ¢c'~ The nrooosed location of the newsrack(s]. Cd} Names of newspapers or periodicals to be contained in each newsrack, Ce} A certification that the newsrack(s~ is (are} installed in conformanc~ with the provisions of this ordinance in their ~ntirety_. ~'f~ Executed indemnification a~reement and insurance certificate in comnliance with Section 102.40(F]. More than one newsrack location may be included on a certificate of comnliance. (3} Denial of Certificate of Compliance: If a certificate of compliance for' newsrack location is incorrect, or the newsrack is not located, maintained, or installed in conformity with the certification or this section, the certificate of ¢~mpliance shall be deemed denied, and an order to correct the violation shall be issued nursuant to Section CD~ Standards for Newsrack Maintenance and Installation: Any newsrack which in whole or in hart rests unon in or over any public property_ or right-of-way shall comply with the following ~tandards: (1} A newsrack shall not exceed 4 feet. 6 inches in height. 40 inches wide. or 24 inches in depth. Modular newsracks may exceed the size limitations, (2} Newsracks shall carry no advertising except for the name Of the publication being distributed, and a cardholder kent in a neat and untorn condition describing the oublication bein~ distributed. (3} Coin ooerated newsracks shall be equipped with a coin return mechanism to permit a nerson wishing to nurchase a newspaper or periodical to secure an immediate refund in the event the newsrack is inooerable. At all times, the coin l'¢turn mechanism ghal1 be maintained in ~ood workin~ order. (4'~ The controllin~ entity shall oermanentlv affix to its newsracks a label which state~ a 24 hour operable telephone number of a working telephone service which the customer may call to report a malfunction, or to secure a refund in the event of a malfunction of the goin return mechanism. The label shall feature clearly on its face. the name and address of the distributor to give the notices provided for in this chapter. 5 ORD NO. 27-96 (5) Modular Newsracks. (a} In the following locations, individual newsracks are not permitted. Modular newsracks may only be placed on concrete pads which will be constructed by the Ci.ty in the following areas: 1. Within the Downtown Area. Modular newsracks may b¢ plat. cd in the followine locations: a. East Atlantic Avenue east of the FEC Railroad Track~ adjacent to the parking lot on the west side of S.E. 3rd Avenue. b. On the east side of the buildin~ located at the southwest comer of southbound Federal Hiehwav and Atlantic Avenue, c. The Municipal Tennis Center. in close proximity to the clubhouse building,. d. In front of Ci_ty Hall on N.W. 1st Avenue, e. At the Gleason Bath House at Atlantic Avenue and South Ocean Boulevard. f. Adiacent to the buildine located at 40 South Ocean 2. Within the North Federal Highway Redevelot~ment Area. 3. Within the West Atlantic Avenue Redevelopment ,~rea, 4. A modular newsrack may be nlaced on the west side of South Ocean Boulevard anoroximatelv 1.000 feet south of Linton Boulevard. b. The modular newsracks shall be installed and maintained bv the distributors in conformity with existing City_ ordinances. The Color of the modular ncwsrack shall have gloss black bases, and forest green sides and doors. A color $ample is available in the Community Imnrovement Denartment. Any modular n~wsrack found to be in violation of the City_ ordinances is subject to the enforcement provisions contained in Section 102.40 (I-II. 6 ORD NO. 27-96 (6) The controlling enti .ty shall maintain each movable fixture in a neat and clean condition, and in ~ood renair at all times. Each movable fLxture shall be maintained so (a) It is free of ~raffiti: Col It is reasonably free of din and tn'ease: (c) It is reasonably free of chip_ned, faded. _weeling and cracked paint in the visible painted areas thereof: (d) It is reasonably free of rust and corrosion in the visible metal areas mereon: (e) The clear plastic or glass pans thereon, if any. through which the nublieations are viewed are unbroken and reasonably free of cracks, dents. blemishes, and discoloration. ¢~f) The paper or cardboard harts or inserts thereof are reasonably free of' tears, are not heeling, or tearing: and (gl The structural pans are not broken or unduly misshapen. (h] The surrounding area upon which the newsracks is placed will also maintained in a neat and orderly condition. (7) The use of a bench for advertising purposes is strictly prohibited. (8) Any newsrack bein_t, installed. ~laced. or maintained on a public right-of-way. street or sidewalk or other oublic oronertv shall be irt~talled in a safe and se¢~lre manner so as to prevent the newsrack from being stolen or becoming a hazard in severe weather, At any time. the total weight of the newsrack and any weighting device shall not be less than one hundred twenty-five (125] oounds. (9_~ In the event of the issuance of a hurricane warning by ally entity_ with iurisdiction to issue such a warning, the newsrack shall be secured to the ground or placed in such a manner so that the newsraek is parallel to the ground,, ~(E} Prohibited Locations: 7 OR.D NO. 27-96 (1) Landscaped Areas: Movable fLxtures shall not be nlaced or installed or erected on any landsca_t~l area within an improved oublic right-of-way or public property, The landscaned areas include, but are not limited to. those areas in which the following ground cover materials placed; Decorative nlants, or Native t~lants maintained to match the surrounding flora. (2~ Public Utilities: Movable fixtures shall not be placed, installed, or erected to obstruct the use of any nublic utility oole or structure. These areas are desienated as follows: (a) Drainage structures: Movable fLxtures shall not be physically attached. chained, or bolted to any drainage structure, inlet pi_ne, or other physical object meant to carry_ water for drainage pu~oses; (bi Utility Poles: Movable fixtures shall not be physically attached. chained, or bolted to a utility, pole: (c) Fire Hydrants: Movable fixtures shall not b¢ located within 15 feet of (3) Traffic Control Devices: Movable fixtures shall not be physically attached. chained, bolted, or erected to obstruct the function of traffic signals, traffic signs or pavement markings. These areas shall be designated as follows: Traffic signals, (1) Movable fixtures shall not be physically attached, bolted, or chained to a traffic signal pole. (2~ Movable fixtures shall not be t~laced in such a manner which obstructs the free t}edestrian flow to and from a pedestrian traffiC signal push button. In order to allow for the free pedestrian flow, and handicap access, to and from pedestrian traffic signal push buttons, mgyable fixture,s shall be placed at least 36 inches away from such pedestrian traffic signal Cb) Traffic signs. Movable fixtures shall not be physically attached. bolted, or chained to a traffic sign or post used for the SUpport of a traffic sign or 8 ORD NO. 27-96 (4) Paved Surfaces: No movable furmre shall be ~laced. installed, or erected~ directly on a paved surface which is intended nrimarilv for the use of motor vehicles. (5} Sidewalk: Movable fixtures olaced or maintained on a sidewalk shall leave a clear area for traffic of not less than 40 inches. (6) Bike Path: Movable fixtures which are placed or maintained on a bike path shall leave a clear area for traffic of not less than 8 feet. (7~ Clear Zones: Movable fixtures shall not be installed, plaq~d or erected within clear zones as del'reed in this section. Clear zones are defined as follows: (a) The area measured within four feet of the face of a six inch hi_t,h vertically faced curb. Where the four foot minimum iS impractical, the minimum may 1Je reduce to 2 1/2 feet. _(b) In all other locations, the movable fLxture shall be located no less than ten (10} feet away from the edge of the pavement. If there ,is not ten (10) feet available, the movable fLxture shall be located as far away from the edge of the pavement as possible (8) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected within the sight areas defined in this section. For purposes of this section, sight areas extend vertically from a r~oint commencing 3 feet above the payment elevation, and encomnass the trian_eular area of property_ located at a comer formed by the intersection of two or more nublic right-of-way, with two sides of the trian_eular area extending twenty- five (25'} feet from their noint of intersection along the edge of pavement, and the third side being a line connecting the ends of the other two lines. (See Figure 1). All obstructions to the reauired sight distance shall be removed within tll~ area shown in 9 ORD NO. 27-96 Ty_nical Intersection (9~ Other ,4,reas: Movable fixtures shall not be ~laced. installed, or erected in any of the areas defined in this section. (a) The area within 50 feet of any railroad track. ~) On any city. properxy unless the location has been specifically designated by the City. Manager or any authorized renresentative. (1'~ The City. Manager or the duly authorized City. representative shall designate locations at City facilities for the t~lacement of movable (2~ The City_ shall prepare a mat~ for each City_ facility_ illustratine the desienated locations for the ~lacement of movable fixtures. The location maps ~hall be available for insnection at the office of the City (3~ Movable fixtures which are nlaced at City_ facilities are subject to all provisions of Section 102.40. Imt~ronerly placed movable fixtures shall be considered abandoned movable fixtures. 10 ORD NO. 27-96 (ch The area within the medians of a divided roadway. (d) Newsracks may not be placed within a one hundred fifty foot (150') radius of another newsrack containing the same newspa.~r, news periodical, or advertising circular except where senarated by a street comer. Where warranted by the quantity_ of newspaper sales, the Code Enforcement Administrator may allow a double newsrack not more than forty (40"h wide otherwise ¢0mplying with the reauirements of Section 102.40(D). (eh Newsrack locations may be agreed upon bv mutual consent of the City. l~6blishers and distributors. (10) Fixture Placement: Movable fixtures shall not be placed on any roadway. bike path or swale area in front of. to the rear of. or to the side of a single family residence within the City_. (1~ Insurance and Indemnification: (lb Insurance. Every. publisher or distributor who places or maintains a new,rack on a public right-of-way or public property_ shall provigl¢ tO the Code Enforcement Administrator a current certificate of insurance, naming the Ci.ty as an additional insured on October 1st of each year. Such insurance shall be comnrehensive ~eneral liability or commercial ~eneral liability coverage on a form no more restrictive than the latest edition of the Comprehensive General Liability_ Policy or Commercial General Liability_ filed by the Insurance Services Office. Minimum limits of total coverage shall DC $300.000.00 per occurrence combined single limit for Bodily Injury_ Liability. and Property Damage Liability.. Reasonable evidence of eo_uivalent self-insurance coverage may be substituted by the applicant for the above certificate of insurance, subject to the approval of the City's Risk Manager. Insurance under this section shall run continuously with the nresence of the applicant's newsrack(s} in the City's right-of-way, and any termination or lapse of such insurance shall be a violation of this Section. subject to the appropriate remedy by the Code Enforcement Division under Chapter 37 of the City's Code of Ordinances and the Enforcement t~rovisions of this Chapter. (2h Indemnification. Every publisher or distributor who places or maintains a newsraek on a public right-of-way, public sidewalk, street, or swale iii the City.. shall execute and deliver a written agreement under which it agrees tO indemnify_, hold harmless and defend the City_. its officers, agents and employees from any lOSS. liabili _ty. or damage sustained by any _nerson as a result of the installation, use and/or maintenance of a newsraek within the City. This shall not be construed to affect in any way the Ci_ty's rights, privileges, and immunities as set forth in Section 768.28, Florida Statutes. 11 ORD NO. 27-96 Abandonment: (1~ In the event a newsrack remains emntv for a oeriod of 30 continuous days. it shall be deemed abandoned, and may be treated in the same manner as orovided in 102.40 (I-I~ below for movable fixtures in violation of the provisions of this subchapter. (2} If the controlling entity, is not identified on the movable fixture, it will be considered abandoned and hosted as such. (3) If the newsrack is placed at a City facility in a location not previously approved, it will be considered abandoned and posted aS Stlch. Enforcement: (B Correction of Violation: Upon determination by a Code Enforcement Officer that a movable fixture has been installed, used. or maintained in violation of Section 102.40. and order to correct the violation shall be issued to the controlling entity., If the newsrack is considered abandoned, an order will not be issued. (2} The order to correct the violation shall specifically describe the violation and may suggest actions necessary, to correct the condition or violation. Such order shall be mailed by certified mail return receipt requested to the controlling entiw, (3) Failure to properly correct the violation within 15 days of the receipt of the order, shall result in the offending movable fixture being removed by the City_. An_v movable fixture removed by the city_ thereunder shall be stored at the t:ontrolling entity. 's expense for a period of 30 days. The movable fixture shall be l'¢leased upon a nro~r showine_ of ownershin and navment of removal, administrative, and storage charges. The administrative charge is $55.60 and the storage charge is $2.00 per day. up to a maximum of 30 days. In the event the movable fLxture is not claimed within the 30 day period, the movable fixture may be sold at public auction and the proceeds applied first to removal. administrative and storage charges, and the remainder, if any. then paid into the General Fund of the City.. (4) If the movable fLxture is posted as abandoned and not removed within 7 days from the date of posting, or the City is not contacted bv the controlling entity_ within 7 days from receipt of an order to correct the violation, the City_ may remove the movable fLxture immediately. The Ci.ty shall store the movable fixture for 30 days and if not claimed within that time. the enti~ may dispose of the mo¥1~ble fixture in any manner it 12 ORD NO. 27-96 deems anoror~riate. If the movable fixture is claimed, the entity claimino the movable fLxture shall pay for all removal, administrative and storage charges prior to release of the fixture. If the charges are not naid within 15 days of claim being made, the City may dispose of the movable fixture, (5) At least ten days prior to the public auction, the City_ Clerk ~hall publish a descrintion of the movable fixture, the location from where it was removed, and notice of the auction in a newspaper of general circulation in the ei .ty. Any publication may include multinle listings of movable fLxtures. The City. shall also provide the controlling entity_ identified on the movable fixture, or if otherwise known, with written notification of the auetioll by certified mail. return receit)t requested. Provided. however, that the City Manager. or his designee, may dispose of the movable f'Lxture in any manner it sees fit. ineltlding negotiating the release of the movable f'Lxture to the controlling entity, for less than full payment of all storage charges if the City. Manager or his designee is of the opilljon that such disposal will be more advantageous to the City_ than auctioning off the movable fixture. (6) In the event the controlling entity, ap_teals the order to correct the offending condition, as nrovided for in Subsection 102.40 CI~ below, then removal of the movable fixture shall be stayed ~nding final disposition of the ap~al, which final disposition shall include any judicial review. The ci_ty shall reimburse the controlling enti_ry any storage ~;hargcs paid pursuant to an order issued by the city_ in the event the decision on the ap~al is rendered favorable to the controlling entity.. _(B Appeals: Any person or controlling entity_ aggrieved by any order, finding, or deter- mination, taken under the orovisions of this ordinance. (hereinafter an appellant) may file an appeal with the Code Enforcement Board for the City. of Delray Beach. The appellant must effect their appeal within 15 days after receint of the order mailed to the appellant pursuant to this or0inance. In order to effect the appeal, the appellant must deliver their letter of appeal, briefly statin~ the basis of their appeal, to the Clerk of the Code Enforcement Board. A hearing before the Code Enforcement Board shall be scheduled on the aooeal no later than 30 days followine the receipt of the letter of appeal, unless the parties mutually a_~ree to an extension thereof. The appellant shall he _~iven at least 7 days written notice of the time and place of the hearing. The Board shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the fixture is not violating this ordinance. At the conclusion of the hearing the Board shall make a final and conclusive determination. The determination shall be reduced to writing and signed by the Board and filed in the Office of the Ci.ty Clerk within 15 days of the bearing and a copy shall be sent to the appellant. The decision of the Board shall be effective when rendered. The decision of the Board may be appealed as t~rovided for bv law. 13 ORD NO. 27-96 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 that the part! declared to be invalid. Section 4. That all ordinances or parts of ordinances which conflict herewith be and the same is hereby repealed. Section ~. That this ordinance shall become effective one hundred eighty (180) days after its passage on second and final reading, except that the provisions of 102.40(D)(5), requiring placement of' modular newsracks on City constructed concrete pads, shall not become effective until fourteen (14) days~, after the City notifies the vendors, in writing, that the concrete pads are in place. PASSED AND ADOPTED in regular session on second and final reading on this the 6th day of August , 1996. ATTEST: City Clerk - - ~' - First Reading. July 23, 1996 Second Reading Auc~ust 6, 1996 14 ORD NO. 27-96 £1T¥ OF DELRfl¥ B[i:I£H CITY ATTORNEY'S OR:iCE Wfi~r's D~t L~: DELRAY BEAC~ ~ c~ ~ DATE: July 31, 1996 TO: Ci~ Comssion ~OM: David N. Tolces, Assis~t Ci~ A~om~ SUBJECT: Memorandum of Understandine - Elimination of Newsrack Locations The attached Memorandum of Understanding provides for the elimination of newracks at the following locations: 1. The intersection of Homewood Boulevard and S.W. 10th Street. 2. The intersection of Barwick Road and Lake Ida Road. 3. South Federal Highway in from of the Denny's Restaurant. 4. N.E. 2nd Avenue (Pineapple Grove Way) south of Lake Ida Road, east of the United States Post Office. The newspaper distributors and publishers have agreed to the elimination of these locations, as long as the City Commission adopts Ordinance 27-96 as approved on fu'st reading. If Ordinance 27-96 is approved on second reading, the Commission should consider the Memorandum of Understanding. Approval of the memorandum is recommended. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Mannger Diane Dominguez, Director of Plann~g and Zoning Susan A. Ruby, City Attorney Lula Butler, Director of Community Improvement Sharon Morgan, City Clerk's Office am~rckl.dm Io.A.l' MEMORANDUM OF UNDERSTANDING On this day of , 1996, the below named parties enter into this Memorandum of Understanding with the CITY OF DELRAY BEACH, a Florida municipal corporation. 1. In return for good and sufficient consideration, receipt of which is hereby acknowledged, the City of Delray Beach, newspaper publishers, and distributors whose signatures appear below do hereby mun,aily agree not to place newsrack at the following locations within the City of Delray Beach: 1. The intersection of Homewood Boulevard and S.W. 10th Street. 2. The intersection of Barwick Road and Lake Ida Road. 3. South Federal Highway in front of the Denny's Restaurant. 4. N.E. 2nd Avenue (Pineapple Grove Way) south of l_zke Ida Road, east of the United States Post Office. 2. This Agreement shall become effective upon the effective date of City of D¢lray Beach Ordinance 27-96. 3. In the event the City of Delray Beach adopts a subsequent ordinance revising Ordinance 27-96, this Agreement shall be null and void. CITY OF DELRAY BEACH, FLORIDA By: By: Print Name: Print Name: on behalf of: By: ATTEST: Print Name: City Clerk on behalf of.' Approved as to Form: By: Print Name: on behalf of: David N. Tolces, Assistant City Attorney By: By: Print Name: Print Name: on behalf of: on behalf of: By: By: Print Name: Print Name: on behalf of: on behalf of: 1 By: By: Print Name: Print Name: on behalf of: on behalf of: By: By: Print Name: Print Name: on behalf of: on behalf of: 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [ ~ ( SUBJECT: AGENDA ITEM # /~ ~ - REGULAR MEE?ING OF AUGUST 6~ 1996 FIRST READING FOR ORDINANCE NO. 29-96 (RATES AND CHARGES FOR USE OF THE TENNIS CENTER) DATE: AUGUST 2, 1996 This is first reading for Ordinance No. 29-96 which repeals Section 101.01, "Charges For Use Of Tennis Center", of the City Code ao~ enacts a new Section 101.01 to provide that the rates and charges will be established by the City Commission on an annual basis. Currently, the specific dollar figures are codified and passage of an ordinance is required before any changes or adjustments can be made. Staff feels it would be preferable to treat the tennis center the same way as the golf courses. That is, based on recommendations from management, the Commission has the flexibility to review and establish the rates on an annual basis through administrative approval of proposed changes. I recommend approval of Ordinance No. 29-96 on first reading. If passed, a public hearing will be scheduled for August 20, 1996. Assuming passage of the ordinance on second and final reading, the proposed tennis center rates for FY 96/97 will also be scheduled for Commission consideration. ref: agmemol 1 ORDINANCE NO. 29-96 AN ORDINANCE OF THE CITY C(IMNfISSIf~N OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING SECTION 101.01, "CHARGES FOR USE OF TENNIS CENTER", IN ITS ENTIRETY, AND ENACTING A NEW SECTION 101.01, "CHARGES FOR USE OF TENNIS CENTER", TO PROVIDE THAT THE RATES AND CHARGES SH~T.?. BE ESTABLISHED BY THE CITY COMMISSION ON AN ANNUAL BASIS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND WHEREAS, the City Commission desires the flexibility to review the rates and charges based on recommendations from management and establish reasonable rates and charges for use of the tennis center on an annual basis; WHEREAS, the City Commission finds that the establishment of rates and charges is more appropriately an administrative matter and need not be codified in the Code of Ordinances of the City of Delray Beach, thereby requiring legislative action to be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COb~SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and Recreation", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Section 101.01, "Charges For Use Of Tennis Center", in its entirety, and enacting a new Section 101.0l, "Charges For Use Of Tennis Center", to read as follows: Section 101.0! CHARGES FOR USE OF TENNIS CENTER. The rates and charges for use of the municipal tennis center, for residents and non-residents, shall be established by the City Commission on an annual basis through administrative approval of proposed rate changes. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. ~at should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of . , 1996. MAYOR AT~EST: City Clerk First Reading Se¢ond Reading - 2 - Ord. No. 29-96