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08-15-95 Regular · . OHR~) BE~CH CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ' I " II . (J , ...... AUGUST 15, 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. AII.America Ci, COMMISSION CHAMBERS 11111 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activi- ty conducted by the City. Please contact Doug Randolph at 243-7127 (voice) or 243-7199 ( TDD) , 24 hours prior to the program or activity in order for the City to reasonably 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 to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. . 5. Approval of Minutes: Regular Meeting of July 18, 1995 6. Proclamations: 7. Presentations: vi. Delray Citizens for Delray Police - Annual Scholarship Presentations * Nancy J. Wilson * Chanel S. Upshur * Francesca I. Melis ./B. Discussion with Dr. Cynthia Smith, Principal of the Delray,",ull Service Center ¡C. Marie Horenburger - South County Convention Center Site 8. Consent Agenda: City Manager recommends approval. A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions taken by the SCRWTD Board on July 20, 1995. B. ACCEPTANCE OF COUNTY DEEDS FOR FIVE PARCELS FROM PALM BEACH COUNTY: Accept County deeds for five vacant parcels located in the City of Delray Beach from Palm Beach County. C. RIGHT OF ENTRY EASEMENT AGREEMENT AND ACCEPTANCE OF EASEMENT DEED/RAIMONDI: Approve a Right of Entry Easement Agreement and accept an easement deed from Michael and Josephine Raimondi for a 12 foot utility easement to permit the construction of the -2- . Ridgewood Road 12" water main from Barwick Road to Military Trail. D. ACCEPTANCE OF CORRECTIVE OUIT CLAIM DEED FOR DON FRANCISCO'S WAY (N.W. 1ST STREET) : Accept a corrective quit claim deed from the Sendzimir Trustee for the purpose of correcting the legal description contained in the original deed to provide sufficient right-of-way for the construction of Don Francisco's Way (N.W. 1st Street) as a 50 foot right-of-way into the Palm Tran Satellite Facility. E. RESOLUTION NO. 56-95: Approve a resolution assessing costs for abatement action required to remove nuisances on 24 properties throughout the City. F. RESOLUTION NO. 57-95: Approve a resolution assessing costs for emergency abatement action required to remove an unsafe struc- ture at 143 N.W. 5th Avenue. G. RESOLUTION NO. 58-95: Approve a resolution assessing costs for . emergency abatement action required to fill an abandoned septic tank located at 40 S.W. 13th Avenue. H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Approve the actions and decisions made by the Site Plan Review and Appearance Board during the period July 31 through August 11, 1995. 1. AMENDMENT TO THE CONTRACT TO PURCHASE THE MONTEREY HOUSE: Approve am amendment to the contract to purchase the Monterey House, extending the closing date from August 15, 1995, until on or before September 29, 1995, and permitting interim occupancy pursuant to an occupancy agreement. J. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Motorola Communication & Electronics, Inc. in the amount of $30,773 (via Palm Beach County School Board Contract) for Phase I of the Two-Way Radio System Upgrade project; with funding from 441-5161-536-64.90 and 334-6112-519-64.90. 2 . Purchase award to Concept One Police Supply, Inc. in the total amount of $22,000 for seven in-car video systems (PAVE, One System) and one integrated radar unit installed; with funding from 001-2117-521-64.90. 3. Bid award to RPM General Contractors, Inc. in the total amount of $473,978.00 for construction and modifications to Fire Stations #3 and #4. The cost for Fire Station #3 is $291,010 and Fire Station #4 is $189,468, for a total of $480,478, less a credit of $6,500 for awarding both stations; with funding from 228-2311-522-61.59 for Station #3 and 228-2311-522-61.60 for Station #4, through budget transfer. -3- 4. Grant awards for the rehabilitation of three single family housing units under the CDBG housing rehabilitation program, to be awarded as follows: $18,428 for rehabilitation at 113 S. W. 11th Avenue to First Choice Corporation, $18,742 for 520 S. W. 14th Avenue to Henry Haywood, and $20,000 for 221 S. W. 15th Avenue to Henry Haywood. Grant award amounts include base bid plus 5% con- tingency. Funding is available from 118-1963-554-49.19. 9. Regular Agenda: A. AGREEMENT WITH LIDDUN INTERNATIONAL FOR LEGENDS TOURNAMENT AND CONCERT: Consider an agreement with Liddun International, Inc. wherein Liddun is granted a license to hold the Legends Tennis Tournament and associated concerts at the Municipal Tennis Center from November 30 to December 3, 1995. B. CONTRACT GUARANTEE FOR FLORIDA A&M MARCHING BAND: Consider a request from sponsors of the Perfect Harmony Festival for the City to guarantee payment on the contract to bring the Florida . A&M University Marching Band to Delray Beach on October 7, 1995. C. SPECIAL EVENT REOUEST /BACKROOM BLUES FESTIVAL: Consider a request from Pineapple Productions, Inc. for special event approval to allow the Backroom Blues Bar located at 16 East Atlantic Avenue to hold a Blues Festival on Sunday, September 3, 1995. D. DONATION OF CITY-OWNED PROPERTY/EBENEZER WESLEYAN METHODIST CHURCH: Consider a request from Ebenezer Wesleyan Methodist Church for the donation of a 26 ft. by 135 ft. parcel of City-owned land to the church, located at 201 S.W. 6th Avenue. The subject property is located adjacent to property that the church owns on the north side of S.W. 2nd Street, between S.W. 6th Avenue and S.W. 7th Avenue. E. RETIREMENT BENEFIT ENHANCEMENT FOR RETIREES FROM THE POLICE AND FIRE PENSION PLAN: Consider a request from retired employees drawing retirement benefits from the Police and Fire Pension Plan, that the retirement benefit enhancement which was effective on January 1, 1994 for active employees be extended to retirees. F. FUNDING REOUEST/PALM BEACH COUNTY URBAN FORESTRY PROGRAM: Consider a request from Palm Beach County to participate in the funding of an Urban Forestry Program. G. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. 15/CH2M HILL: Consider approval of Amendment No. 1 to Service Authorization No. 15 in the amount of $8,746.00 with CH2M Hill for additional engineering services in conjunction with replacement of filter media at the Water Treatment Plant; with funding from 442-5178-536-61.46. -4- 8/15/95 H. CONTRACT ADDITION (C.O. #13)/CHAZ EOUIPMENT COMPANY, INC. (EMERGENCY REPAIR IN BASS CREEK): Consider Contract Addition (C. O. #13) to Chaz Equipment Company, Inc. for the removal/ replacement of a deteriorated storm sewer pipe in the Bass Creek Subdivision, in the amount of $28,189 with funding from 448-5411-538-34.90. I. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint a member (architect/engineer) to the Site Plan Review and Appearance Board for a two year term ending August 31, 1997. Commissioner Smith's appointment. J. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a member to the Historic Preservation Board for a two year term ending August 31, 1997. Commissioner Ellingsworth's appoint- ment. K. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint one regular member and one alternate member to the Board of Adjustment for two year terms ending August 31, 1997. Commissioner Smith's appointment (regular member) and Commissioner Ellingsworth's appointment (alternate member) . L. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS: Appoint a member (General Contractor) to the Board of Construction Appeals for a two year term ending August 31, 1997. Commissioner Smith's appointment. M. BID AWARD FOR POLICE UNIFORMS: Consider rej ecting all bids received for Police uniforms and authorize staff to rewrite the specifications and solicit new bids. N. STATUS REPORT AND REOUEST FOR DIRECTION REGARDING SEACREST PROPERTIES: City Attorney. 10. Public Hearings: A. SALE OF CITY-OWNED PROPERTY TO JOSE AND ANTONIA SALAS: Consider approval of the Contract for Sale and Purchase between the City and Jose and Antonia Salas for property located at 5072 N.W. 5th Street. B. ORDINANCE 47-95: An ordinance adopting Comprehensive Plan Amendment 92-3 as a remedial amendment to the Comprehensive Plan pursuant to the provisions of the Stipulated Settlement Agreement between the City and the Florida Department of Community Affairs. 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. -5- 12. First Readings: A. ORDINANCE NO. 48-95: An ordinance modifying the Community Redevelopment Plan for the City of Delray Beach in its entirety. If passed, public hearing on September 5, 1995. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager 1. Budget Adoption Schedule B. City Attorney C. City Commission . -6- - - [IT' DF DELRA' IEA[H DElRA Y BEACH f lOR lOA tw.e.d 100 N.W. 1 st AVENUE> DELRAY BEACH, FLORIDA 33444 . 407/243-7000 All-America City , III I! 1993 MEMORANDUM DATE: August 11, 1995 TO: City Commission FROM: David T. Harden, City Manager SUBJECT: Su,pport for Palm Beach Count' Convention Center South Count' Location Advocates for locating the Palm Beach County Convention Center in South County are looking for a more definite support commitment from the City of Delray Beach. When the Commission last discussed this, it was suggested that the $50,000 in economic development funds we will be receiving from the increase in occupational license taxes might be used for this purpose. It now appears that it would be sometime in the fiscal year beginning October 1, 1997 before a convention center in Palm Beach County would begin operations. This would allow one year for site selection, design, and arranging financing, and another year for construction. Therefore, if we were to make a commitment to contribute toward any operating deficits that contribution would not be required until the fiscal year beginning October 1, 1997. That would allow at least two years for the full amount of economic development funds to be accumulated and used for other purposes before any would be needed for convention center operating deficits. I have also looked at the property tax revenue which we receive from the Camino Real Holiday Inn. The hotel pays the City almost $80,000 annually in property taxes. If a new similarly sized hotel were to be built on the vacant land south of Builders Square, we could expect a similar amount of tax revenue. The difficulty is we have no assurance at this point in time what development might be stimulated in Delray Beach by locating the convention center adjacent to our borders on the Knight Center property. The City @ Printed on Recycíed Paper THE EFFORT ALWAYS MATTERS 'i.e· - . City Commission August 11, 1995 Page Two Attorney has advised that unlike the CRA, the City cannot contract to commit tax increment funds since, in our case, these funds are ad valorem revenues which can only be pledged by a voter referendum. We can commit to make payments from other revenue sources, but it could not be directly tied to the tax increment, as I understand it. The City Attorney can give you more information on this point. I continue to believe that the City would receive significant economic benefit from having the convention center adjacent to our boundary, both from additional development being stimulated and from conventioneers spending money with businesses in our City. Also this convention center would be a positive development for the City whereas some of the other developments which have been proposed for this site, I expect would detract from economic activity in our City. Therefore, I recommend that the City Commission agree to pay $50,000 annually to offset any operating losses which may be experienced by a Palm Beach County convention center located at the Knight Center site. DTH/mld " .J SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue. DeIray Beach, Florida 33445 BOARD Telephone City Council Members of 272·7061 734-2577 Boynton Beach & Delray Beach Fax: (407) 265-2357 MEMORANDUM TO: City Clerk, Delray Beach FROM: Mary Ann Shumilla ~ DATE: August 3, 1995 RE: RATIFICATIONS FOR SIGNA'TURE (Revised) Please destroy the Ratifications which I sent to you on July 31, 1995. Enclosed is a revised set as the vote should have been 8-0. The 1995/1996 Budget should still be attached to the last Ratification. I apologize for any inconvenience. . Would you p~ease contact me at 272-7061 when all signatures have been completed. Thank you. ~. - ·_~~~·::if(= i~:-\ ~,:~~~~-_·~·"·'l g /¿f/9S , ; ¡ , t ,'" . ,\ / . ~":~)K- i : ( l.__. .' "'..,.,.,...."...« '.,-~' ",.,_..._~.,.. ._.~ .....".-.1 . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ð'. A· - MEETING OF AUGUST 15 , 1995 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS DATE: AUGUST 11, 1995 This is before the Commission to ratify actions taken by the South Central Regional Wastewater Treatment and Disposal Board on July 20, 1995. By a vote of 8-0, the SCRWTD Board approved the following: · Expend $1,147.96 from Repair and Replacement Fund to replace existing Paco Pump for Reuse Water System in old effluent building. · Expend $1,500 from Repair and Replacement Fund to replace drive disc for #2 RAS Pump -B Plant. · Expend $3,500 from Repair and Replacement Fund to repair Boynton influent flow meter. · Acceptance of 1995/96 Budget, Capital Projects, Capital Assets, Repair and Replacement and Surplus Fund expenditures. Recommend ratification of the actions taken by the South Central Regional Wastewater Treatment and Disposal Board on July 20, 1995. . RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 20, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 20, 1995, by a vote of 8-0, approve to expend $1, 147.96 from Repair and Replacement Fund to Replace Existing Paco Pump for Reuse Water System in Old Effluent Building. 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 20, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 20, 1995, by a vote of 8-0, approve to expend $1,500 from Repair and Replacement Fund to Replace Drive Disc for #2 RAS Pump -8 PIsnt. 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 20, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 20, 1995, by a vote of 8-0, approve to expend $3,500 from Repair and Replacement Fund to Repair Boynton Influent Flow Meter. 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 DELRA Y 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 20. 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 20, 1995, by a vote of 8-0, approve the Acceptance of 1995/96 Budget. Capital Projects, Capital Assets, Repair and Replacement and Surplus Fund 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 , . . . SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PERSONNEL 1995-96 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 1212 REGULAR WAGES Base wages - 23 Employees $812,000 4 Administrative 4 Lab & pretreatment 10 Operations 5 Maintenance Includes merit pay Increase + $5,000 holiday pay. 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 1,500 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 1 Coverage 7,000 12144 Shift 2 Coverage 4,000 12145 Shift 3 Coverage 5,000 12146 Training 2,000 12147 Administration 1,000 12148 Holiday Coverage 13,000 12149 Lab/Pretreatment 1,000 12150 Operations 1,000 42,000 . 12151 EMPLOYEE ASSISTANCE Board cost $2.15 per employee per 750 PROGRAM month. Provides family counseling and referral services to employees and their families. 12152 PLANT PERFORMANCE Award given to those employees whose performance 10,000 has contributed to overall efficiency of Plant as recommended by Execut!ve Director and approved by the Board.. 1221 SOCIAL SECURITY/ Employer's cost Social Security - 6.2% 62,000 MEDICARE 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: $25.88 monthly 7,500 (Dependent coverage not provided by Board). PERSONNEL (cont.) 1995-96 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 12232 DISABILITY INSURANCE Long term disability insurance provided 6,000 by the Board at approximately 1 % of 40 hour base pay per employee. Cost: $0.95/$100.00 compensation. 12233 LIFE INSURANCE Board provides $10,000 life insurance. 1,000 $.32 per $1,000. 1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 50,000 base pay. 1225 UNEMPLOYMENT Wages applicable to unemployment taxes 10,000 at current rate of .0110% 1236 PENSION Defined Board contribution based on 40 77,000 hours base pay for participants. TOTAL PERSONNEL $1,144,750 .. , OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES SERVICES 1995-96 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3100 MEDICAL SERVICES Employee physicals, drug screens, tetanus and $5,500 Hepatitis B vaccine. 3110 LEGAL (ADMIN & LABOR) Attorney fees: 31101 Admin - Federspiel $25,000 31103 Pension - August & Comiter 2,000 31104 Lewis, Longman & Walker 13,000 40,000 3112 LEGAL (TOXICITY) Continuing Operational Permit Legislation 31121 Federspiel 1,000 31125 Lewis, Longman & Walker 4,000 5,000 3120 SERVICES: 31201 Accounting & Bookkeeping 10,000 General & Administrative, 31202 Computer Consultant 2,000 Professional, & Maintenance 31203 Lobbyist 5,000 31206 Copier Mainl Contract 2,000 31207 Appraisal Fee 5,000 31208 Others 2,000 26,000 3200 AUDIT FEES 32001 Annual Audit 20,000 20,000 3400 PRETREATMENTPROG~ Monitoring of program; required quarterly 9,000 effluent; influent and sludge priority pollutant scans. 3402 TOXICITY TESTING EPAlDER: Discharge permit will require bimonthly acute toxicity testing ($25,000) 35,000 & 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, totalizers, 6,000 FLORIDA SERVICE recorders, and flowmeter pump as required. 3410 SLUDGE HAULING $22.00/1,000 gallons hauled. Est. 8 to 9 350,000 loads per day average. 3411 GRIT HAULING 75 trips @ $495.00 per trip. 38,000 · OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES (cont.) SERVICES 1-'95-91 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3412 TRASH AND HAULING $58.00 per month plus additional tipping fee 2,000 for trash hauling. 3500 SERVICES: 35001 Centrifuge 15,000 Operations, 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 60,000 TOTAL SERVICES $601,500 ---------- ---------- .. . OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES QeE..RA TIONS/MAINTENANCE 1995-96 ACCT. NO. ACCT. TITLE DESCRIPTION IlUOGEI 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 3,000 $8,000 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: Travet, Lodging 1,000 3,000 4100 TELEPHONE EXPENSE Monthly base fees and long-distance usage 12,000 including Fax machine and 1 cellular phone. 4400 EQUIPMENT RENTAL Cranes, various equipment, and instru- 3,000 ments as required in maintenance and operations. 4500 INSURANCE EXPENSE 45001 Property Liability Package 50,000 45002 Vehicle Insurance 7,000 45003 Public Officials and Employees 8,000 Liability 45004 Fidelity and Public Officials Bond 1,000 45005 Pollution liability 35,000 45006 Boiler & Machinery 6,000 107,000 . 4600 M & R EQUIPMENT Annual repair items for pumps and plant equipment 46001 Influent Building 4,000 46002 Aerators 1,000 46003 Blower Building 6,000 46004 Scrubbers 2,000 46005 Clarifler 2,000 46006 Return Building 5,000 46007 Chemical Building 7,000 46008 Chlorination 3,000 46009 EQ Building 3,000 46010 Effluent Building 3,000 46011 Shop Building 1,000 46012 Office Building 2,000 46013 Dechlorination 1,000 46014 Miscellaneous 5,000 45,000 OPERATIONS/MAINTENANCE (cont.) . . 1995-96 A~CT. N(b ACCT. TITLE DESCRIPTION B.UººET 4620 M & R VEHICLES Annual repairs for vehicles: 46201 Trucks and Tractor 2,000 46202 Leased Auto 500 46203 Service Carts 3,000 46204 Boom Truck 3,000 46205 Other 500 9,000 4630 M & R GROUNDS Landscaping, sprinkler systems, retention 3,000 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 allowance 1,000 related to plant operation or bids and public notices. 4902 LICENSES AND PERMITS UAIE 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 & SPECIAL DISTRICT Solid Waste Assessment 300 Special District Fee 175 Other 675 1,150 5240 UNIFORMS Board participates 50% in uniform rental. 6,000 Board cost $3. 75/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.(0). _ Annual work shoe allowance: $75.00 per employee per year. Annual prescription Safety Glasses: $75.00. OPERA TIONS/MAINTENANCE (cont.) 1995-96 ACCT. NO. ACCT. TITLE DESCRIPTION BUDGET 5400 MEMBERSHIP DUES AND Dues - Professional organizations (FWPCOA. 3,000 SUBSCRIPTIONS WPCF, AMSA). Professional Registration Journals, Newspapers, Personnel, and Human Resources subscriptions and Dues. Operational subscriptions and Dues; Safety Council. 5410 TECHNICAL TRAINING Operators' Short Schools, Regional schools, Lab Technical, and Quality Assurance Short Schools; Personnel Seminars; Computer Classes; WPCF Convention; Technical Schools; Annual Conference. 54101 Conferences 4,000 54102 Meals 1,000 54103 Travel & Lodging 5,000 10,000 5420 EDUCATIONAL EXPENSES Classes, books, and fees. 2,000 TOTAL OPERA TIONS/MAINT. $250,000 ========== . .. . OPERATING EXPENSES: SERVICES: MAINTENANCE: CHEMICALS & SUPPLIES CHEMICALS AND SUPPLIES 1995-96 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGe:r 4300 ELECTRICITY $0. 045 per KWH including surcharge for peak $450,000 usage. 4302 WATER CONSUMPTION Budgeted for 1,000,000 gallons monthly 14,500 @ $1.45 per 1,000 gallons (estimate). 5100 OFFICE SUPPLIES Annual projection: Postage, copier paper, 7,000 stationery, business cards, check printing, general office supplies, & necessities. 5201 SAFETY SUPPLIES Gloves, protective glasses, face shields, 5,000 hearing protection, overboots, ear-plugs, muffs, emergency eye wash station, emergency showers, cartridge respirators, gas cartridge, sterile storage bags for resp- irators, disinfection systems for respirators, fit test ampoules, respirator storage cabinets, disposal respirators, chemical spill absorb- ents, oil sorbent, liquid chemical neutralizers, barricade tape, hazardous materials response kit, salvage drum, diffusion detector tubes, signs, labels, tags, first aid supplies, fire extinguishers and accessories, hazardous area lights, emergency small tools, safety charts, books. 5202 GENERAL OPERATING Operating supplies, raingear, hard-hats, 15,000 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- ment, apparatus. Lab supplies consumed by testing procedures including Chlorine Testing. 5210 CHEMICALS 52101 Polymer: 28,000 Ibs @ $1.75/1b. $50,000 52102 Lime: Calculated 650 tons @ $92.00 60,000 per ton. 52103 Chlorine: 300 tons @ $4oo.oolton. . 120,000 52104 Biosulfite: 10 shipments @ $5,000. 50,000 52105 Misc. Chemicals 1,000 52106 Caustic 30 tons @ $544 per ton 16,000 297,000 . , ~~MICA~Nº~LIES (cant) 1995-96 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 5220 OIL, GREASE, DIESEL, AND 10,000 gallons Diesel fuel for generator, gas, 13,000 LUBRICANTS grease, oil, and lubricants for pumps and mowers. 5230 CONSTRUCTION MATERIAL Walkways, signs, fencing, rails, platforms, 4,000 small shelters, concrete, etc. Additional office and storage units. 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 3,000 machines, office mats, shelves, printers, tables < $500.00 value. 5252 LAB EQUIPMENT Magnetic sti"ers, automatic titration attach- 5,000 ment, oxygen probe, and small equipment < $500.00 value. TOTAL CHEMICALS AND SUPPLIES $386,000 ---------- ---------- . . · QPERA TING CONTINGENCY 1995-96 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4990 OPERATING CONTINGENCY 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. .. EJ~GlN...EERLttG 1995·96 ~CCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3150 GENERAL 31501 Permit Assistance $25,000 31502 Process Control 35,000 $60,000 3160 BIOTOXICITY 5,000 5,000 3162 PRETREATMENT 10,000 10,000 TOTAL ENGINEERING $75,000 ========== . " PAGE 01 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD ANNUALBUDGETS:ACTUAL,BUDGETED,PROUECTED 1991-1996 DESCRIPTION 1990-91 1992-93 1993-94 1994-95 1994-95 1995-96 ACTUAL ACTUAL ACTUAL BUDGET PROUECTED BUDGET SUMMARY TOTALS PERSONNELSER~CES $1,176,339 $1,005,325 $1,074,247 $1,137,250 $1,102,500 $1,144,750 OPERATING EXPENSES: 1,775,732 1,476,783 1,505,063 1,793,000 1,598,500 1,703,000 SER~CES 742,680 551,296 558,640 645,000 545,500 601,500 OPERA TIONSIMAINTENANCE 295,102 259,298 229,814 272,000 235,000 251,000 CHEMICALS/SUPPLIES 737,950 666,189 716,609 876,000 818,000 850,500 TOTAL PERSONNEL AND OPERATING EXPENSES 2,952,071 2,482,108 2,579,310 2,930,250 2,701,000 2,847,750 OPERATING CONTINGENCY 0 0 13,089 50,000 8,000 50,000 ENGINEERING 132,867 68,790 55,110 125,000 60,000 75,000 TOTAL BUDGET $3,084,938 $2,550,898 $2,647,509 $3,105,250 $2,769,000 $2,972,750 a...=..=_ ====:1=====- ========- ========-.- ========= ======.-==: . PAGE 02 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD PERSONNEL ACCOUNT NO. DESCRIPTION 1990-91 1992-93 1993-94 1994-95 1994-95 1995-96 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED ID./ººEI 1212 REGULAR WAGES $840,485 $722,435 $748,480 $795,000 $778,000 $812,000 12121 SICK LEAVE REDUCTIONS 9,920 0 0 3,000 0 3,000 12122 PAYROLL CONTINGENCY 338 739 2,802 1,500 1,500 1,500 1214 OVERTIME 38,628 42,519 34,498 40,000 50,000 42,000 12151 EMPLOYEE ASSIST. PROG. 691 717 486 750 500 750 12152 PLANT PERFORMANCE 35,979 25,000 24,927 0 0 10,000 1221 SOCIAL SECURITY 71,154 60,133 59,336 70,000 66,000 62,000 1223 HEALTH INSURANCE 70,489 54,363 60,211 65,000 60,000 62,000 . 12231 DENTAL INSURANCE 6,498 6,173 5,599 7,000 7,500 7,500 12232 DISABILITY INSURANCE 8,325 5,380 2,410 8,000 5,000 6,000 12233 LIFE INSURANCE 2,060 2,334 925 2,000 1,000 1,000 1224 WORKERS' COMPENSATION 29,929 23,015 46,957 50,000 50,000 50,000 1225 UNEMPLOYMENT 885 4,482 10,551 10,000 9,000 10,000 1236 PENSION 60,958 58,035 77,065 85,000 74,000 77,000 . TOTAL PERSONNEL SERVICES $1,176,339 $1,005,325 $1,074,247 $1,137,250 $1,102,500 $1,144,750 ....=-.... =.......... .-=-.===- ========-== =======:= ========-... . , . PAGE 03 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD SERVICES ACCOUNT 1990-91 1992-93 1993-94 1994-95 1994-95 1995-96 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 3100 MEDICAL SERVICES $81 $397 $2,400 $3,000 $2,000 55,500 3110 LEGAL (GENERAL & ADMIN) 30,452 21,440 39,036 40,000 40,000 40,000 3112 LEGAL. (TOXICITY) 39,986 482 40 5,000 ° 5,000 3120 SERVICES (G & A) 19,564 8,307 52,537 21,000 30,000 26,000 3200 AUDITING 16,497 14,061 13,695 20,000 13,000 20,000 3400 PRETREATMENT 8,328 6,726 6,979 9,000 9,000 9,000 3402 TOXICITY TESTING 14,375 27,854 29,457 35,000 35,000 35,000 3404 CHEMICAL ANALYSIS 2,145 2,009 4,718 5,000 4,500 5,000 3406 METER CALIBRATION 7,028 7,705 4,811 5,000 6,000 6,000 3410 SLUDGE HAULING 564,572 392,278 314,574 400,000 325,000 350,000 3411 GRIT HAULING 20,897 24,000 30,200 30,000 33,000 38,000 3412 TRASH HAULING 1,068 1,519 1,128 2,000 1,000 2,000 3500 SERVICES (0 & M) 17,687 44,518 59,065 70,000 47,000 60,000 TOTAL SERVICES $742,680 5551,296 $558,640 $645,000 $545,500 5601,500 ......... ........... ========.. =========-. ========= ====.-:_._. . . ' PAGE 04 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ºPf.~NS/MAINTENANCE ACCOUNT 1990-91 1992-93 1994-95 1994-95 1994-95 1995-96 NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 4000 VEHICLE EXPENSE $6,996 $6,548 $2,900 $9,000 $6,000 $8,000 4020 BOARD CONTINGENCY 5,970 2,394 1,891 7,000 1,000 3,000 4100 TELEPHONE 9,158 9,234 10,937 12,000 11,000 12,000 4400 EQUIPMENT RENTAL 520 425 15,905 2,000 11,000 3,000 4500 INSURANCE 81,089 84,726 92,435 104,000 105,000 107,000 4600 M & R EQUIPMENT 127,747 57,859 40,593 60,000 42,000 45,000 4620 M & R VEHICLES 5,130 6,126 2,724 9,000 7,000 10,000 4630 M & R GROUNDS 2,959 48,831 0 3,000 2,000 3,000 4640 M & R BUILDINGS 13,083 18,780 9,030 15,000 5,000 5,000 4650 M & R UNSPECIFIED 19,623 6,126 38,242 20,000 15,000 20,000 4900 ADVERTISING 1,115 201 270 1,000 1,000 1,000 4902 LICENSE & PERMITS 2,609 4,573 3,787 5,000 10,000 13,000 5240 UNIFORMS 4,488 4,263 4,986 6,000 6,000 6,000 5400 MEMBERSHIP DUES & SUBSCRIP 2,123 3,030 3,660 5,000 2,000 3,000 . 5410 TECHNICAL TRAINING 8,706 5,070 1,822 10,000 10,000 10,000 5420 EDUCATIONAL EXPENSES 3,786 1,t12 632 4,000 1,000 2,000 TOTAL OPERATlONS/MAINT. $295,102 $259,298 $229,814 $272,000 $235,000 $251,000 ......:... ........... .....=... ==-...===== ==:1;====:11= ====31=_==== PAGE 05 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD çtlEMICALS/SUPPLlES ACCOUNT 1990-91 1992-93 1993-94 1994-95 1994-95 1995-96 NQ. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 4300 ELECTRICITY $456,390 $414,948 $412,092 $450,000 $440,000 $450,000 4302 WATER 8,930 10,130 11,689 12,000 17,000 14,500 5100 OFFICE SUPPLIES 7,215 8,978 6,797 9,000 7,000 7,000 5201 SAFETY SUPPLIES 14,442 3,258 5,259 5,000 5,000 5,000 5202 GENERAL OPERATING 16,337 15,112 11,737 15,000 15,000 15,000 5203 JANITORIAL SUPPLIES 4,890 1,553 1,857 3,000 2,000 2,000 5204 LABORATORY SUPPLIES 16,839 19,188 24,708 30,000 25,000 30,000 5210 CHEMICALS 191,474 175,076 223,834 320,000 285,000 297,000 5220 Oil, FUel, lUBRICANTS 6,727 5,132 4,084 15,000 10,000 13,000 5230 CONSTRUCTION MATERIALS 2,749 674 3,074 4.000 3,000 4,000 5250 SMALL TOOLS < $500 7,347 5,389 3,639 5,000 3,000 5,000 5251 OFFICE EQUIPMENT < $500 2,488 2,507 3,002 3,000 1,000 3,000 5252 LAB EQUIPMENT < $500 2,122 4,244 4,837 5,000 5,000 5,000 .. TOTAL CHEMICALS/SUPPLIES $737,950 $666,189 $716,609 $876,000 $818,000 $850,500 ...===-.=- ==......... ====-===- =====._._== --------- =========== --------- OPERATING EXPENSES (SUMMA_FrD SERVICES $742,680 $551,296 $558,640 $645,000 $545,500 $601,500 OPERATIONSIMAINTENANCE 295,102 259,298 229,814 272,000 235,000 251,000 CHEMICALS & SUPPLIES 737,950 666,189 716,609 876,000 818,000 850,500 TOTAL OPERATING EXPENSES $1,775,732 $1,476,783 $1,505,063 $1,793,000 $1,598,500 $1,703,000 ===.=-.=== =.a......._ ===::a:===== =.....1:1.==_ ========= ======...111:11 " . PAGE 06 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD OPERATING CONTINGENCY ACCOUNT 1990-91 1992-93 1993-94 1994-95 1994-95 1995-96 NQ. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 4990 OPERATING CONTINGENCY $0 $0 $13,089 $50,000 $8,000 $50,000 TOTAL OPERATING CON TINGEN $0 $0 $13,089 $50,000 $8,000 $50,000 ......... .......==.. :::I=m...... ==......m== ====_._.= =========== . . ' . PAGE 07 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ENGINEERING ACCOUNT 1990-91 1992-93 1993-94 1994-95 1994-95 1995-96 Nº- DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET 3150 GENERAL $106,314 $63,831 $53,714 $125,000 $60,000 $60,000 3160 BIOTOXICITY 17,249 0 18 0 0 5,000 3162 PRETREATMENT 9,304 4,959 1,378 0 0 10.000 TOTAL ENGINEERING $132,867 $68,790 $55,110 $125,000 $60,000 $75,000 ......... ..====ZIII... 1iI....=... ........... .....===: =.......... .. " SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD SINKING FUND 1995 -1996 .01 Repair deteriorated concrete in channel of Screening Building, $100,000 B Aeration basins, scum pit, lift stations. .02 Replace level indicator control and annunciator panel Effluent Bldg. 2,500 .03 Modify and replace flow master device - Screening Bldg. 2,000 .04 Overhaul control panel & install AC unit - A RAS Bldg. 4,500 .05 Replace sludge loading pump. 6,000 .06 Replace gears cyclone grit remover 5,000 .07 Replace effluent influent composite sampler. 3,000 .08 Replace Lab distillation unit. 1 0,000 .09 Replace deteriorated metal doors & frames throughout plant 40,000 Single 9 Double 10 Hoist door Screening Bldg. 1 .. .10 Paint Interior Admin. Bldg., Walkway B Clarifiers, Lime Silo Bldg. 60,000 North side Chemical Bldg., tanks & scrubbers DAF area & incinerator .11 Replace carpet in Admin. Bldg. 10,000 - .. TOTAL SINKING FUND $243,000 --------- --------- "' , SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD SURPLUS FUND 1995 -1996 .01 Repair Effluent Force Main - Land $80,000 .02 Emergency Effluent Discharge Improvements 70,000 .02 Remove Incinerator 75,000 - TOTAL SURPLUS FUND $225,000 --------- --------- * $200,000 remains from Surplus Fund monies appropriated previously for Effluent Force Main Study and Intracoastal emergency repairs to make necessary repairs .. in Ocean Outfall. . ' . , -' .. "', . .. " r SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD CAPITAL ASSETS 1995 -1996 .01 Centrifuge Hoist - Chemical Bldg. $14,500 .02 Chiller for Centrifuge - Chemical Bldg. 7,000 .03 Screening Building Hoist - Screening Bldg. 5,000 .04 Purchase Used Golf Cart (Maintenance) 3,000 .05 Portable Gas Welder 3,000 .06 Computer Work Station 1,000 ------ TOTAL CAPITAL ASSETS $33,500 --------- --------- .. / " . ' . - SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD . CAPITAL PROJECTS 1996 -1996 .01 Modify Grit Unloading Pit $15,000 .02 Construction New Operators' Room 60,000 TOTAL CAPITAL PROJECTS $75,000 --------- --------- .. , " · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER mv{ SUBJECT: AGENDA ITEM # F·¿3. - MEETING OF AUGUST 15, 1995 ACCEPTANCE OF DEEDS FOR FIVE COUNTY OWNED PARCELS DATE: AUGUST 11, 1995 This is before the Commission to accept deeds for five vacant properties from Palm Beach County. The parcels were acquired by the County due to tax delinquency. Parcel 1 is an unimproved street. Parcels 3 and 5 are alleys. Parcels 2 and 4 are lots we expect to use in our housing program. We were attempting to buy Parcel 2, and the County said they would give it to us if we would accept the others also. Based on the information provided by the County and a visual inspection by the City Engineer and the Planning Director, the Development Services Management Group recommended that the City accept the conveyance of the five subject parcels. Recommend acceptance of the County deeds for the five parcels as described in Appendix II All attached. Of( ~ CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: ~RL~CIPAL PLANNER 2~¡¿~ " - FROM: SUBJECT: MEETING OF AUGUST 15, 1995 ***CONSENT AGENDA *** ACCEPTANCE OF COUNTY DEEDS FOR FIVE PARCELS FROM PALM BEACH COUNTY ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is acceptance of County Deeds for five properties from Palm Beach County. The subject properties are five vacant parcels located in the City of Delray Beach described in Appendix "A" BACKGROUND: The Palm Beach County Property and Real Estate Department contacted the City in April 1995 regarding the disposition of eight county owned parcels located within the City of Delray Beach. The parcels were acquired by the County due to tax delinquency. Three of the parcels are access tracts for existing residential properties. The County is negotiating with the adjacent property owners for the disposition of those parcels. The remaining five parcels are to be deeded to the City. DSMG CONSIDERATION: The Development Services Management Group discussed this item at a meeting in May 1995. Based on the information provided by the County and a visual inspection of the properties by the City Engineer and the Planning Director, DSMG recommended that the City accept the conveyance of the five subject parcels. . , City Commission Documentation Acceptance of County Deeds Page 2 RECOMMENDED ACTION: By motion, accept the County Deeds for the five parcels, as described in Appendix "A." Attachments: o Appendix "An o Location Maps o County Deeds . Appendix "A" Legal Descriptions Parcel One: PCN: 12-43-46-04-00-000-7191 The west 350 feet of the north half (N 1/2) of the south half (S 1/2) of the northeast quarter (NE 1/4) of the southwest quarter (SW 1/4) of the southwest (SW 1/4) (less the south 141.8 feet and the road right-of-way) in Section 4, Township 46 South, Range 43 East Parcel Two: PCN: 12-43-46-16-01-014-0140 The north 100 feet of the east 135 feet of Block 14, Town of Linton (now Delray) according to the plat thereof recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. Parcel Three: PCN: 12-43-46-16-01-016-0170 The east 16 feet of the west 172.39 feet of the north half (N 1/2) of Block 16, Town of Linton (now Delray), according to the plat thereof recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. Parcel Four: PCN: 12-43-46-17-07-038-0010 Lot 1, Block 38, Resubdivision of South Half (S 1/2) Block 38 and Subdivision of the North Half (N 1/2) Block 39, Town of Linton (now Delray, Florida) according to the plat thereof recorded in Plat Book 11, Page 34, Public Records of Palm Beach County, Florida. Parcel Five: PCN: 12-43-46-20-18-000-0133 The west 15 feet of the east 215 feet of Lots 13, 14, 15, and 16 of Esquire Subdivision, a replat of the east half (E 1/2) of the west half (W 1/2) of Lot 29 of Map "' , . City Commission Documentation Acceptance of County Deeds Page 2 filed in Plat Book 1, Page 4, Palm Beach County Records in southwest quarter (SW 1/4) Section 20, Township 46 East, Range 43 South, according to the plat thereof recorded in Plat Book 23, Page 43, Public Records of Palm Beach County, Florida. . , PI/RCEL ONé j~11 I AT/..AI/nc .~ ," HIGH SCHOOL 0 ® ,~ ... -.: 7,35 X¡"G.C. '-.: "- .. ~: 2-43-41'-04-00-000- ?/9i'GG Pa t.. C. ej 7wO ~ rc e I íJt re e- ~\~ª~~~~l~ .ill. ". .4 . T .., . () ( 0 Ie E I/. .$ W3RD .: ST - J~;; l§:" '. '" ~..L;j tií ~..i.. ~J. .. ~ . '<t.' ' '..'" .M. §... . I l I ., ,:f- I:, ~ ~ ~ SvJ . " ~f! ~ Po. !.. c. e ) (;,t.J.Î J..L r:t~c,&L r;'I./~ ·u... lí J!. ~~ .~~~ Å’ IJ(.I·l..... "5 "Nil I "3 ) 3 "' 11\ '" . ' RETURN TO: ROBERT D. STRANE PROPERTY & REAL ESTATE MANAGEMENT 3323 BelVEDERE ROAD BUILDING 503 . \lEST PALM BEACH, FL 33406-1548 FolIo: 12-43-46-04-00- 000-7191 R95'- 950 D COUNTY DEED THIS DEED, made this _ day of Jill 1 B 1995 , 1995 by PALM BEACH COUNTY, FLORIDA, a Political SUbdivision of the state of Florida, party of the first part, and the City of Delray Beach, ...!~tJlìiìn.rmjjnì [j¡.Mluûì!'11ìì11ìlMiJ» party of the second part. WIT N E SSE T H: That said party of the first part, for and in consideration of the sum of Ten Dollars and no cents ($10.00) to it in hand paid by the party of the second part, receipt whereof if hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the following described real property lying and being in Palm Beach county, Florida: !" THE WEST 350 FEET OF THE NORTH HALF (N 1/2) OF THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) (LESS THE SOUTH 141.8 FEET AND THE ROAD RIGHT-OF- WAY) IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST. Pl\.r.F: 1 OF ? . ' - - . - -. - - ~ - - . . IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chair or Vice-Chair of said Board, the day and year aforesaid. ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN, CLERK By, G~ BY:~~-4,Ø~) JUL 18 1995 Deputy Cle K ~ er, Chair . R95 "'''''''\'' 950 0 -,'f~.~ ~l!! Pi I, --0,' '.('11, :00' ~ 8i:.,~'OI,,, :11::,' Cl..~ ',1:- :<, V. ,~ ~o: COUNT. :0 ~ )\ 'G, By: ~. :'.~¿ Of\\\')~"~ "''¡'~'" ..?>,~ Asst. 'II ~1···-· '&\ '" ~ * 9 "'~ ""\",,,.. ,.n¡ììì!m"ttl.'¡Wîìllm...li.. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged ~~re me this / ~ day Of~, 1995 b~ "fi:>c;k1.a... . The (MtJ~) of the Board 0 0 ty Corntnissio ers who is personally known to me and did take an oath. ~/';/___.J tfk./~ð/f ,,'rç.~~Pv,.., W:U.I.\ as.WAI.T Notary Publ~c ~. .('-~J ~ C~)!~~~J ~:~~?~~\/~ .-': 3~~~37 ~ 11', '._ I.:: .""....",,( ",1..9.1 U"f.~:'L<- ,oj ;:·~;::.ëO '[ i"I) Print Name: "f'l wY· I. T\.AN1IC BONIJING CO.,INC - Commission Expires: r commission No.: HMR\DEED3.DEl 06/15/95 . , RETURN TO: ROBERT O. STRANE PROPERTY & REAL EST A TE MANAGEMENT 3323 BELVEDERE ROAD BUILDING 503 ,\lEST PALM BEACH, FL 33406-1548 Folio: 12-43-46-16-01-014-0140 R9S 951 0 COUNTY DEED THIS DEED, made this _ day of JUL 18 1995 1995 by , PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida, party of the first part, and the City of Delray Beach, party of the second part. .!immQ;ø¡¡ìllmìlìiJmHlm¡nj ¡ìUüli¡¡¡~t'rnìml_ WIT N E SSE T H: That said party of the first part, for and in consideration of the sum of Ten Dollars and no cents ($10.00) to it in hand paid by the party of the second part, receipt whereof if hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the following described real property lying and being in Palm Beach County, Florida: r·, THE NORTH 100 FEET OF THE EAST 135 FEET OF BLOCK 14, TOWN OF LINTON (NOW DELRAY) ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA PAGE 1 OF 2 . , IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chair or Vice-Chair of said Board, the day and year aforesaid. ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN, CLERK BY:~A~/f?: By: Deputy Cl APPROVED AS TO FORM R95 951 0 AND LEGAL SUFFICIENCY ....',""'\'\111, _~' v_~Y!!1" .JIl, t- :o~" " 0" - , "" BE ' , :0,' :v -9C '.0', ~tJ:,' q,'t' .s.- ..r.~ ~<. \~jf. ~o: COUNTY. :rñ: ~ID" ~ '" :~¡ I" .\ l. OR,\O ,'0_ ,,+(,> ,?>,~-' 'f ~i'----' 'Ò -:' ,_üJHJ1¡mmm.IIIDji¡l¡Jll!jft~1nrffK.rullmlìlií STATE OF FLORIDA f." ~ * S..-- \\\",,"''''.. COUNTY OF PALM BEACH T foregoing inst~t W1jL ~OWledge~efOre me this J~ day of , 1995 by t;2.vt ~ . The Lll-rna-vú of the Board 0 Co ty Commission rs who is personally known to me and did take an oath. 0,~ ,tÇ-V.Dud' VlILL/.\ OSWALT IÛÆ~~ J rffi 'i; COM;,.I!Sf,ION # CC 354437 Notary Public '!!. !L.- i" E~:F!f,;~SMA'(6,1998 Print Name: "fI/:ct..::-vf<:" bO'~[1=O THRU <Dr!L' {,TlANTIC SONDING CO.. IlfC Commission Expires: r " Commission No.: MMR\DEED2.DEL 06/15/95 . , RETURN TO: ROBERT D. STRANE PROPERTY & REAL ESTATE MANAGEMENT 3323 BELVEDERE ROAD BUILDING 503 -\lEST PALM BEACH. fL 33406-1548 folIo: 12-43-46-16-01-016-0170 RY5 952 0 COUNTY DEED THIS DEED, made this _ day of JUl 18 1995 1995 by , PALM BEACH COUNTY, FLORIDA, a Political SUbdivision of the State of Florida, party of the first part, and the City of Delray Beach, party of the second part. ìilJìíiÎlliIìiØìJìij'jjmlHIDjfj¡rMìltiIlJfø WIT N E SSE T H: That said party of the first part, for and in consideration of the sum of Ten Dollars and no cents ($10.00) to it in hand paid by the party of the second part, receipt whereof if hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the fOllowing described real property lying and being in Palm Beach county, Florida: r', THE EAST 16 FEET OF THE WEST 172.39 FEET OF THE NORTH HALF (N 1/2) OF BLOCK 16, TOWN OF LINTON (NOW DELRAY), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PAGE 1 OF 2 , , IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chair or Vice-Chair of said Board, the day and year aforesaid. ,ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN, CLERK By,~g~ By' Deputy Cler 1995 JUL 18 R9) "152 0 . ..."""\,.. _-"-"ÇOUNP', --'6<':-' -' - - - . )- 'I, -- - ,'.a. SI:"" " 0" .: Q , \,\'1' "-1^' 0" :c::: q,,~ '-~ ".,.. ~ ;~, ->" ,~:~ ::0: COUNTY:?'::; ~ cPt ' IC?;; ~ :, ~ 'r- ,'r;')~ '/d,", I. OR\Q ,'òi" I, ~ ' , ~'ô;. - 'I ~i----<ð">-': III,,:) * S _--- STATE OF FLORIDA '.""...... _ij¡¡OOMmiì1íli:l!ilÜlJlil jI~.!lìr~~ìlfilìlm.ß¡!IIIIIÏ~ COUNTY OF PALM BEACH fo egoing inst=¡t was acknowledged rere me this I f'éL , 1995 by e,., t=ö"iklv. The '/M 4.L.I of the Coun y Commission rs who is personally known2'fo me and did oath. V./---,;~ ~~yr- '{ Þ WILLA O'''Wf.1 T Notary Public <'t-f(.ffiill~/6 " ..... c>' ¡:. COMM!SSlON ~ CC 364437 ~ . ,_'~ FXFIRES MAY Ii, 1!'198 Print Name: '::t' ;;-...t:,:s.../~" BON:1ë!J THRU ?,cOF p,;J' ATLANTIC BONDING CO., INC commission Expires: !,. Commission No.: MMR\DEED I.DEl 06/15/95 PAGE 2 OF 2 . . , RETURN TO: ROBERT D. STRANE PROPERTY & REAL ESTATE MANAGEMENT 3323 BELVEDERE ROAD BUILDING 503 R95 953 0 .WEST PALM BEACH, FL 33406-1548 Folio: 12-43-46-17-07-038- 001 0 COUNTY DEED THIS DEED, made this _ day of JUl 18 1995 , 1995 by PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida, party of the first part, and the City of Delray Beach, party of the second part. ìl~.iìtì¡ìlì~m'íi.lìJrîll¡ìr~¡\ìJîjjMMi WIT N E SSE T H: That said party of the first part, for and in consideration of the sum of Ten Dollars and no cents ($10.00) to it in hand paid by the party of the second part, receipt whereof if hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the fOllowing described real property lying and being in Palm Beach county, Florida: f' LOT 1, BLOCK 38, RESUBDIVISION OF SOUTH HALF (S 1/2) BLOCK 38 AND SUBDIVISION OF NORTH HALF (N 1/2) BLOCK 39, TOWN OF LINTON (NOW DELRAY, FLORIDA) ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 34, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA PAGE 1 OF 2 . , IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County commissioners acting by the Chair or Vice-Chair of said Board, the day and year aforesaid. ,ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN, CLERK By:7kuÂ-~?~ By: Deputy Clerk R 95 9 ~}'c:ç~~~þlll :o~" -, ^', - '~L B~ '...., :0: ,JI' ""^ ',0', :: . -.... '-~- ,~, ...tr., ", .J' ....~ ,,<.' .~;, ~o: COUNTY, :iñ~ ~G)\ þ ,.. ,'~; " .. I. OR\'O ,'0: ',,- oJ.', "A.~5 "'{':;i'---- ,/>'7.. I" :J * S".- ,\\,\""",... STATE OF FLORIDA ~nnjj¡l¡n¡'I'Iì.jjjlìI1lOOlMllIìil\¡ìLjiWI. COUNTY OF PALM BEACH f regoing instr~t was acknowledged ~~ore me this ~ v , 1995 by ~ ""ïf=ô!i~ . The (¡--'yÝl~ of the o ty Commission rs who 1S personal~ known to me and did oath. b~/ß~-I ~~J-ød - ....~""yrt'.;" W!l.l.J\ O~':/,)!.T Notary Public ~3: p:~ ;~ cal-:~.pf;3J:'.')~ u (.c ~1f"~4"37 . ~"l~-~7 '¡_~' .:~ EX~'~~S ~~~v.t R,1P~ìê Pr1.nt Name: ")/......._~:> r;/.)¡1n......J rlirjj' ,ii.1 ::.oj,.' /; ì,.J~j~l.i(: &\},i.,lDIN6"CfJ...lliIG '" Comm1ss1on Exp1res: r, Commission No.: MMR\DEED4.DEL 06/15/95 P1\r::F. ') nF. ? - RETURN TO: ROBERT D. STRANE PROPERTY & REAL ESTATE MANAGEMENT 3323 BELVEDERE ROAD BUILDING 5D3 WEST PALM BEACH, FL 33406-1548 Folio: 12-43-46-20-18-Wl~133 R95 954 0 COUNTY DEED . JUL 18 1995 THIS DEED, made this _ day of , 1995 by PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida, party of the first part, and the City of Delray Beach, party of the second part. , gijt~)íl¡~iI¡UìJiìølllÅ’~i1lll!!'~rtJìrìU'ì<11"ÎII WIT N E SSE T H: That said party of the first part, for and in consideration of the sum of Ten Dollars and no cents ($10.00) to it in hand paid by the party of the second part, receipt whereof if hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the following described real property lying and being in Palm Beach County, Florida: THE WEST 15 FEET OF THE EAST 215 FEET OF LOTS 13,14,15, AND 16 OF ESQUIRE SUBDIVISION, A REPLAT OF THE EAST HALF (E 1/2) OF THE WEST HALF (W 1/2) OF LOT 29, AND THE WEST HALF (W 1/2) OF THE EAST HALF (E 1/2) OF LOT 29 OF MAP FILED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY RECORDS IN SOUTHWEST QUARTER (SW 1/4) SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. . IN WITNESS WHEREOF the said party of the first part has caused these presents to be .executed in its name by its Board of county commissioners acting by the Chair or Vice-Chair of said Board, the day and year aforesaid. ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN, CLERK By,Q~ By: æ:~Æ~JÇI,~ Deputy Cler~ K n. ter, ChairJUl 18 1995 R95 954 0 APPROVED AS TO FORM .....'",,\.\\\ AND LEGAL SUFFI NCY _-';'-'c,c? ~_"! r-'þ.I, :o~ " -, ,,', By: ~- , - '~BE:" . , :-()/ -..: "Ie ',0', ; tt:: q, 't' 1- ,,~ ~ ~<. . .J:/ "0' COUNTY. .:.-, Asst. C un ~ t ' ,(rJ: ~CÞ~ ~ t- I'Y; " .\ lOR\Q ,'0: '..-4.~" ,'~': '. ~j'-----'Ò"': "" :> .. <; ,~~- STATE OF FLORIDA "\.Il1o",,,,,,...." COUNTY OF PALM BEACH 'iAjl.j¡¡jfj]ì¡Jì~~ii1ml~ß[I..ììl¡I.¡llå' foregoing inst~~ was ~OWiedged~re me this ~ , 1995 by ÞÐs . The d-1114-M/ of the Cou y Commissio rs who is personally own to me and did oath. ~).~ tßw~ ";;\~I(t~P WILI..A O~WI\.LT Notary Public .+. 1'1.1 ':'"-} CDr~i"!:33JDN II CG :1641137 ~ ¡'it· EXFI8r;s ~~^y 1¡.1998 Print Name: .y-~..."",:::. :;"\ ;:!t1uCd) (HR.j "..'ui n)" hTLJ.N1ïC OONt>n~G C~)'"t I~JC Commission Expires: Commission No.: f' MHR\DEED5.DEL 06/15/95 PAGE 2 OF 2 . ' . . ~ RECEIVED [IT' DF DELRA' BEA[H AUG 1 0 1995 CITY MM" - -""~ (ì .:lICC CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH F LOR D A. ...... AII.America City MEMORANDUM l' III! DATE: August 8, 1995 1993 TO: City Commission FROM: David N. To1ces, Assistant City AttornØ SUBJECT: Acquisition of Utility Easement From Michael and Josephine Raimondi Ridgewood Road 12" Water Main The attached agreement is proposed to be entered into between the City and Mr. and Mrs. Raimondi. The agreement provides that the city will pay the Raimondis $10,000.00 in return for a twelve foot easement along the east 665 feet of their property. Acquisition of the easement will permit the City to construct a water main from Barwick Road to Military Trail in the northwest corner of the City. As part of the agreement, the City will install the water main within the easement. The City will also return all existing features on the Raimondi's property to equal or better condition. The City Attorney's Office recommen.ds approval of the agreement, and acceptance of the Easement Deed. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Dan Beatty, City Engineer Alison MacGregor Harty, City Clerk raimond2.dnt r·c ® Printed on Recycled Paper . ' RIGHT OF ENTRY EASEMENT AGREEMENT FOR WATER MAIN CONSTRUCTION . THIS AGREEMENT is made and entered into this _ day of , 1995, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY), and MICHAEL & JOSEPHINE RAIMONDI, (hereinafter referred to as OWNER). WIT N E SSE T H: - - WHEREAS, OWNER presently owns property located in the City of Delray Beach, Florida, and which is more particularly described on Exhibit "A"; and WHEREAS, the CITY dBsires to modify and improve the water main facilities in accordance with the plans as indicated in Exhibit "B", abutting Owner's property in Delray Beach, Florida; and WHEREAS, the CITY has determined that the water main construction and the acquisition of an easement for construction and maintenance purposes on OWNER'S property, as depicted in Exhibit "B", is necessary for the maintenance of a water system within the CITY; and WHEREAS, the parties desire to enter into this Agreement to legally bind each other to the terms hereof. NOW, THEREFORE, and in consideration of the sum of Ten Thousand Dollars ($10,000.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby made a part hereof. . , 2. Easement Deed. In consideration for the payment of Ten Thousand Dollars ($10,000.00), and subject to the terms and conditions contained in the Agreement, the OWNER will convey upon the executron of this Agreement to CITY, an Easement Deed for OWNER'S property herein described (see Exhibit "C"), for the purpose of construction and maintenance of the water main. The Easement Deed shall allow for perpetual maintenance by the CITY, including the right to enter upon and perform various construction tasks on the following described property: That portion of property indicated on Exhibit "C" - - 3. Installation. The CITY agrees to install the subject water main system and appurtenances in a generally acceptable manner within the easement dedicated by the OWNER. Such installation will be designed by CITY in a manner as to protect the interest of the OWNER, and the facilities installed will continue within the dedicated easement until they exit the property. The CITY will return all existing features on OWNER'S land, including vegetation, to equal to or better than the condition prior to the installation of the facilities. 4. Completion Date. The CITY agrees to complete water main construction and restoration on OWNER'S property that is the subject of this Agreement on or before , 19_, unless a modification of this date is accepted in writing and executed by both parties. 5. Working Schedule. The CITY agrees to coordinate the working schedule of this construction project with OWNER so as to minimize any impact to the OWNER. 6. Maintenance. CITY will maintain the subject water main system in a reasonable condition and should CITY fmd it necessary to conduct repair activities on the water main system within the easement, CITY will return all disturbed areas to equal to or better than condition prior to the action. 2 , ..- ....-. -- 7. Notices. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addressees to: . OWNER: Michael & Josephine Raimondi 4700 Palm Ridge Boulevard Delray Beach, Florida 33445 CITY: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 -- 8. Entire Agreement. This Agreement, along with the Easement Deed, constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendment to said agreements must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties have accepted, made and executed this Agreement and three (3) counterparts, each constituting an original, upon the terms and conditions above stated on the date first set forth above. WITNESS #1: /'1£" ~?~ ~ ~ rl~ By:h -ít!:Ù u¡...¡., I ~ ture of Witness) Michael Raimondi IC\ì€\\€. V. ~ll.D.mS (print or Type Name) WITNESS #2: ~~~~ (Signature of Witness) ('{\~(Q'\\le ~.)\-·I<' (print or Type Name) 3 , ~ . ffi ture of 'DitneSS) ic hvllfJ. . k:\1 i D (c\~ (Print or Type Name) w~ ~i?~~re of Witn~ss) -- n,(~ill-e ÇQns (Print or Type Name) CITY OF DELRA Y BEACH, FLORIDA ATTEST: By: Thomas Lynch, Mayor City Clerk Approved as to Fonn and Legal Sufficiency: City Attorney raimondi. agt 4 " EXHIBIT" A" Legal Description 12-46-42 W 1/2 of NW 1/4 of SE 1/4 of NW 1/4 and 12-46-42, W 1/2 of SW 1/4 of NE 1/4 of NW 1/4 (less east 25 feet) - - · , .r::. -' . ... .. om"=' 0 ~. o~ .r::.~.r::.'2. ~Q. ~=:::õ = =>. ;.,- E "=' Q ~ :: ...J eo¡ en c: "=' ... '" 'U ."'=; ,,~ eo¡ cQ:¡:= . ~ = f ..¡~..: :: ~ S~~"='<"=' e~ o ~ .- .- '" ¡:: , .r::.Qj;~»> :=01 e-:.::--"'''' :::Q __...Q ~U ..; Q, Q Q ,.. :: ::- .!: Z ... > ~ ¡¡ r...l ;:; rn ~ "'""'" O I;~S.-; ,<co' _0 .::E o .!: 0 0 ...... c: Q ,.. 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I ~ t ø 1_ rUI ;i Hi _~~ ~! .a~ ~ ~i III! ;;;111 ~ i~~;;i, 'õ~i! (" I' II II~J > ~ w r: ~. I -J -- ¡lill;',:1 ~ ! h! ~~~ ê: z ï dll li1ir ~ -' i 1¡~ -'0.... - g ;; I" I ¡- ì o1S 5 'ti ~I·<' u-- I 'Uuft j r I. S¿" > ~,ill'miti ¡¡: I Un ~ :z: rl'i IIII !~Is III j,ä" ~ i~c!~!§.,! '¡ I 1'3 -r s~ !II¡ . ä5i M ~ . If! III . . . Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. 1st Avenue : Delray Beach, Florida 33444 # EASEMENT DEED THIS INDENTURE, made this ~ day of ~ 1995, by and between MICHAEL RAIMONDI and JOSEPHINE RAIMO DI, whose address is 10\4 Ô.Lo~ Lc,,'\e. , Delray Beach, Florida 33_ party of the first part, and the CITY OF DELRAY BEACH, 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida. party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum ofTen ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Attached Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property . It is understood that upon completion of such installation, all lands disturbed thereby as a result of such, installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. EXHIBIT ·C" I , . IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: I PARTY OF THE FIRST PART ~~~:;l£~~,",~~ B~7ki0 (h~~ . (name printed or typed) ~ Michael Raimondi WITNESS #2: 0\~~~~ (name printed or typed) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this æ: day of LT)\~I , 1995 by Michael Raimondi, who is personally known to -1J1e or who has pro uced as identification and who did (did not) take an oath. "-Q1~l"~,O 8Ihm(~ ;.~ MIC"Éiliõ~EI!'Ñ~ Sig ture of Notary Public - State l~t M'I ClJ,\MlSSION' cc of Florida ..: : , £J(I'IÆS' IkWtII\IJII 21. 1998 '¢'i. ,. 7 øandId 11W N.wv I'IØIC \JIIdII'MIIIII ..~..~~ . WITNESS # I: PARTY OF THE FIRST PART ~Qo. ...(). ~ l ~ Y) f) rl....") BY:~'~*~ tL~' ffi\~\\e\\e D. hill \(\(lis (name printed or typed) osep me Raimondi WITNESS #2: Jr1~ m"íei\\e ~:\'(\ ~ (name printed or typed) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~ day of 00\1.) , 1995 by Josephine Raimondi, who is Dersonallv known to me or who has produced and who did (did not) take an oath. MARK PElKY NOrAI\' I'UBUC !rATB OP COMMI!iBIoN NO. CC3Ifa3S MY OOMMII!8JON IXP. 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DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 WRITER'S DIRECT LINE: (407) 243-7090 DELRAY BEACH # F l 0 . I D A ...... August 16, 1995 AI~America City , ~ III! Arthur Kahlenberg, Real Estate Specialist 1993 Facilities Planning, Design & Construction Dept. 3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 - Subject: Sendzimir/Palm Beach County Palm Tran Satellite Facility. De1ray Beach Dear Arthur: The Delray Beach City Commission accepted the Corrective Quit-Claim Deed for the Sendzimir property at its August 15, 1995 regular meeting. Please have the Trustees execute and record the deed. The City will need' the deed for its records once it is recorded. Your cooperation is appreciated. Please call if you have any questions. Sincerely, OFFICE OF THE CITY ATTORNEY CITY OF DELRA Y BEACH, FLORIDA By;d;)-O David N. To1ces, Esq. Assistant City Attorney DNT:smk cc: Susan A. Ruby, City Attorney Alison MacGregor Harty, City Clerk sendzi-l.dnt @ Printed on Recycled Paper . -. oK W1. [IT' OF DELRAY IEA[H CITY AnORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH F LOR I D ¡\ ...... AII·America City MEMORANnUM " III! DATE: August 8, 1995 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorn~ SUBJECT: Palm Tran Facility Right-of-Way for Don Francisco's Way As part of the development of the Palm Tran Satellite Facility, the County is to improve the 50 foot right-of-way for N.W. 1st Street (Don Francisco's Way). Apparently the City did not obtain all the property necessary to construct a 50' right-of-way into the Palm Tran Satellite Facility when it obtained the deed for the City in 1974. The original deed conveyed the northerly 2025 feet. This left the City about 20 feet short of the required right-of-way. The corrective deed indicates the correct distance of 2045 feet of the Sendzimir property. Once the corrective deed is recorded, the City will have sufficient right-of-way for Don Francisco's Way. The City Attorney's Office recommends that the Commission accept the Corrective Deed from the Sendzimir Trustee. Please call if you have 'any questions. DNT:smk sendzLdnt Ã,t taa:hmen t cc: Dàvid :r... Harden, City Manager Alison MacGregor Harty, City Clerk Diane Dominguez, Director of Planning and Zoning f·D. ® Printed on Recycled Paper . ~-_..,...'- - RETURN DOCUMENT TO: I t PROPERTY CDIITROL NUH8ER: 12-43-46-18-00-000-1200 (DIlLY PART OF PCN) CORRECTIVE OUITCLAIM DEED THIS INDENTURE, executed this _ day of , 1995 by WILLIAM A. HUMMEL, CPA and BANK OF BOSTON - FLORIDA, N.A. , as Successor Trustees of the Berthe M. Sendzimir Declaration of Trust, . dated July 24, 1991, as amended, with full power and authority either to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real property described herein, of the County of Palm Beach, State of Florida, hereinafter collectively referred to as Party of the First Part to CITY OF DELRAY BEACH, whose post office address is 100 N.W. First Avenue, Delray Beach, Florida 33444, of the County of Palm Beach, State of Florida, hereinafter referred to as Party of the Second Part. WIT N E SSE T H: WITNESSETH, that the Party of the First Part, for and in consideration of the sum of ONE AND NO/100 ($1.00) DOLLAR in hand paid by the Party of the Second Part, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the Party of the Second Part forever, all the right, title and interest of the Party of the First Part to the property, situate, lying and being in the County of Palm Beach, State of Florida, to wit: THE SOUTH 20 FEET OF THE SOUTHERLY 425 FEET OF THE NORTHERLY 2045 FEET OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, (THE SOUTH LINE OF THE NORTHERLY 2045 FEET OF THE NE 1/4 OF SECTION 18 IS COMMON WITH AND LOCALLY DESCRIBED AS THE SOUTH LINE OF THE NORTH 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION 18) LYING EAST OF THE RIGHT-OF-WAY OF LAKE WORTH DRAINAGE DISTRICT E-4 CANAL AND WEST OF A LINE PARALLEL TO AND 550 FEET WEST OF THE CENTERLINE OF SEABOARD AIRLINE RAILWAY RIGHT-OF-WAY LESS RIGHT-OF-WAY FOR CONGRESS AVENUE. THIS CORRECTIVE QUITCLAIM DEED IS FOR THE PURPOSE OF CORRECTING THE LEGAL DESCRIPTION CONTAINED IN THE QUITCLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 2321, PAGE 1894, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THIS CORRECTIVE QUITCLAIM DEED IS MADE FOR THE PURPOSE OF GRANTING TO THE PARTY OF THE SECOND PART, ITS SUCCESSORS, LEGAL REPRESENTATIVES AND ASSIGNS, A RIGHT-OF-WAY FOR PUBLIC ROADWAY PURPOSES. THIS CORRECTIVE QUITCLAIM DEED IS 1 COpy . ' . - FURTHER MADE WITH THE UNDERSTANDING BETWEEN THE PARTIES THAT THE PARTY OF THE FIRST PART WILL NOT BE RESPONSIBLE IN ANY WAY FOR CONSTRUCTING OR MAINTAINING THE ROAD ON THE ABOVE-DESCRIBED PROPERTY. TO HAVE AND: TO HOLD the above described property, with the appurtenances thereto, unto said Party of the Second Part in fee simple forever. IN WITNESS WHEREOF, the Party of the First Part has hereunto set its hand and seal the day and year first above written. signed, sealed and delivered in the presence of: WILLIAM A. HUMMEL, CPA, SUCCESSOR TRUSTEE Print Name of the Berthe M. Sendzimir Declaration of Trust, dated July 24, 1991, as amended Address: 105 E. 4th Street . Cincinnati, Ohio 45202 Print Name BANK OF BOSTON - FLORIDA, N.A. , SUCCESSOR TRUSTEE of the Berthe M. Sendzimir Declaration of Trust, dated Print Name July 24, 1991, as amended By: Print Name: Address: 450 Royal Palm Way Print Name Palm Beach, FL 33480 State of Florida: County of Palm Beach: The foregoing instrument was acknowledged before me this ____ day of , 1995 by WILLIAM A. HUMMEL, CPA, Successor Trustee of the Berthe M. Sendzimir Declaration of Trust, dated July 24, 1991, as amended, who is personally known to me or who has produced a driver's license as identification. (NOTARY SEAL) Notary Public Print Name My commission expires: State of Florida: County of Palm Beach: The foregoing instrument was acknowlëdged b6for~ me this ____ day of , 1995 by as of Bank of Boston - Florida, N.A., Successor Trustee of the Berthe M. Sendzimir Declaration of Trust, dated July 24, 1991, as amended, on behalf of the bank. is personally known to me or has produced a driver's licensëiãs identification. (NOTARY SEAL) Notary Public Print Name My commission expires: nmr\agreennt\sendz ¡mr .qc 07113/95 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ;'.£. - MEETING OF AUGUST 15, 1995 RESOLUTION NO. 56-95 DATE: AUGUST 11, 1995 This is a resolution assessing costs for abatement action required to remove nuisances on 24 properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 56-95 assessing costs for abating nuisances on 24 properties within the City. , RESOLUTION NO. 56 - 95 A RESOLUTION.OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO . BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTs. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the i City of Delray Beach would proceed to correct this condition by abating I such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, I I WHEREAS, the property owner (s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within I , ".¥.~.._~.' ,- .~-"'" -' - .._,- I the time designated at the hearing wherein a decision was rendered , adverse to the property owner{s); and, i I WHEREAS, the-City of Delray Beach, through the City Administra- Ii tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land{s) described in the· i I list attached and made a part hereof and incurred costs in abating the , subject nuisance{s) existing thereon as described in the notice; and, Ii WHEREAS, the City Manager of the City of Delray Beach has, I pursuant to Chapter 100 of the Code of Ordinances of the City of Delray I Beach, submitted to the City Commission a report of the costs incurred I in abating said nuisance{s) as aforesaid, said report indicating the , costs per parcel of land involved; and, I . Ii the City Commission of the City of Delray Beach, !, WHEREAS, 1 pursuant to Chapter 100 of the Code of Ordinances desires to assess the I i cost of said nuisance{s) against said property owner{s), I ¡, i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I !¡ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: p I, i. Section 1. That assessments in the individual amounts as shown I. Ii by the report of the City Manager of the City of Delray Beach, involving i I the City's cost of abating the aforesaid nuisances upon the lots or ~ , parcels of land described in said report, a copy of which is attached I ! hereto and made a part hereof, are hereby levied against the parcel (s) I of land described in said report and in the amount(s) indicated thereon. I Said assessments so levied shall, if not paid wi thin thirty (30) days I after mailing of the notice described in Sec. 3, become a lien upon the i respective lots and parcel(s) of land described in said report, of the I same nature and to the same extent as the lien for general city taxes ¡ and shall be collectible in the same manner as mortgages and fore- I ¡ closures are under state law. I i Section 2. That such assessments shall be legal, valid and I binding obligations upon the property against which said assessments are levied. , I I ! Section 3. That the City Clerk of the City of Delray Beach is I hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the I County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (3 0) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will I I I - 2 - Res. No. 56 - 95 I I I t \ I I I I I ! I . , , - - ~ r.·..~_ -- ,'''',_.'' '-. ..'-." . . ". ". -."., - .---.--. __·M,~,_.~_~ _~_~~"_~____"_"_"'_~'~__~'M_ ..._--~---,. -_..'-'~ accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment{s), after which a lien shall be placed on said property (s) , and interest shall accrue at the rate of eight (8 ) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (3 0) days after the mailing . date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. I PASSED AND ADOPTED in regular session on this the day of , 1995. MAYOR ATTEST: City Clerk I I I ! I I I I ! - 3 - Res. No. 56-95 i I I \ Ii " . , COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LINN'S ADDITION TO V.C. & A.P. NOCERA TRUST $ 56.00 OSCEOLA PARK, DELRAY, 626 WEST DRIVE 70.00 (ADM. FEE) LOT 20 (LESS N 1. 6 FT. . DELRAY BEACH, FL 33444 OF W 26 FT), BLK 87, PB 1, P 133, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (232 SE 3RD AVENUE) SUB. OF SEC. 20-46-43, KENNETH AUSTIN $ 51. 00 E 1/8 OF W 1/2 OF N 1/2 807 14TH STREET 70.00 (ADM. FEE) OF LOT l/LESS N 1/2, WEST PALM BEACH, FL PB 2 8 , P 68, PUBLIC 33401-2505 . RECORDS OF PALM BEACH COUNTY, FL (SW 6TH AVENUE) CARVER MEMORIAL PARK JULIA SIMMS $ 16.00 SUB., LOT 2, BLK. A, 204 NW 13TH AVENUE 70.00 (ADM. FEE) PB 2 0 , P 56, PUBLIC DELRAY BEACH, FL 33444-1653 RECORDS OF PALM BEACH COUNTY, FL (204 NW 13TH AVENUE) CARVER MEMORIAL PARK FIDELITY MFG. $ 56.00 SUB., LOT 13, BLK. B, 6677 LAKE WORTH ROAD 70.00 (ADM. FEE) PB 2 0 , P 56, PUBLIC LAKE WORTH, FL 33467-1507 RECORDS OF PALM BEACH COUNTY, FL (NW 14TH AVENUE) FAIRCREST HEIGHTS AMND. YOLLY P. VERZOSA $ 40.00 PLAT, -LOT "53, PB 42, 1090 AMSTERDAM AVE. # 7K 70.00 (ADM. FEE) P 68, PUBLIC RECORDS NEW YORK, NY 10025-8103 OF PALM BEACH COUNTY, FL (2147 SW 36TH STREET) TOWN OF DELRAY, E 50 FT GLADYS L. LASTER ESTATE $ 147.00 OF W 150 FT OF S 150 FT 511 NW 2ND STREET 70.00 (ADM. FEE) OF BLK. 18, PB 1, P 3, DELRAY BEACH, FL 33444-2643 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (Sll NW 2ND STREET) - 4 - RES. NO. 56-95 . , TOWN OF DELRAY, S 3 FT JAMES W. NOWLIN, JR. $ 49.00 OF LOT 4, LOTS 5, 6, 7, TRUSTEE FOR MARTHA W. 70.00 (ADM. FEE) 8 & N 3 FT OF LOT 9 NOWLIN, TR (LESS W. 5 FT RD R/W), 50 SE 4TH AVENUE BLOCK 111, PB 13, P 46, DELRAY BEACH, FL 33483 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (225 SE 5TH AVENUE) ROSEMONT PARK, DELRAY, . MARIE E. ERY & $ 67.00 LOT 24, BLOCK 1, ILECLERC J. BAPTISTE 70.00 (ADM. FEE) PB 13, P 60, PUBLIC 602 SW 4TH AVENUE RECORDS OF PALM BEACH DELRAY BEACH, FL 33444-3537 COUNTY, FL (602 SW 4TH AVENUE) TOWN OF DELRAY, E 50 FT MAE W. & AVERY T. SIDERS $ 80.77 OF W 150 FT OF N 135 FT 3001 EMBASSY DRIVE 70.00 (ADM. FEE) OF BLK 11, PB 1, P 3, WEST PALM BEACH, FL PUBLIC RECORDS OF PALM 33401-1041 . BEACH COUNTY, FL (614 NW 2ND STREET) DELRAY BEACH HIGHLANDS RICHARD L. GERWECK & $ 55.50 SEC. 2, LOT 7, BLOCK 8, LILLIAN S. GERWECK 70.00 (ADM. FEE) PB 2 7 , P 14, PUBLIC 1308 SW 22ND AVENUE RECORDS OF PALM BEACH DELRAY BEACH, FL 33445 COUNTY, FL (1308 SW 22ND AVENUE) WEST SIDE HEIGHTS HATTIE L. HARWICK, EST. $ 66.00 DELRAY, LOT 4, BLK C, C/O S. QUAIL 70.00 (ADM. FEE) PB 13, P 61, P.O. BOX 7043 FDR STATION PUBLIC RECORDS OF NEW YORK, NY 10150-1908 PALM BEACH COUNTY, FL (37 NW 10TH AVENUE) TOWN OF DELRAY, N 58 FT IVERSON LASTER $ 66.00 OF S 312.12 FT. P.O. BOX 1225 70.00 (ADM. FEE) OF E 135 FT, BLOCK 10, BOYNTON BEACH, FL 33425-1225 PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (NW 6TH AVENUE) TOWN OF DELRAY, S 150 H. & HAZEL CLEM $ 73.25 FT. OF E 50 FT OF 3 SUMMER STREET 70.00 (ADM. FEE) BLK 18 (LESS E 20 FT NORWALK, CT 06851-4503 R/W) , PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (NW 2ND STREET) - 5 - RES. NO. 56-95 . ATLANTIC GARDENS,DELRAY EVELYN CLINTON $ 33.75 LOT 19, BLOCK 10, C/O SONYA HOLLEY 70.00 (ADM. FEE) PB 14, P 56, PUBLIC 217 NW 7TH AVENUE RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 COUNTY, FL (SW 10TH AVENUE) LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 41.00 LOT 73, BLOCK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM. FEE) PAGES 152/153, PUBLIC . NORTH MIAMI BEACH FL RECORDS OF PALM BEACH 33180-2215 COUNTY, FL (935 SUNFLOWER AVENUE) LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 33.75 LOT 26, BLOCK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM. FEE) PAGES 152/153, PUBLIC NORTH MIAMI BEACH, FL RECORDS OF PALM BEACH 33180-2215 COUNTY, FL (940 NW 43RD AVENUE) . LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 26.50 LOT 74, BLOCK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM. FEE) PAGES 152/153. PUBLIC NORTH MIAMI BEACH, FL RECORDS OF PALM BEACH 331180-2215 COUNTY, FL (915 SUNFLOWER AVENUE) LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 26.50 LOT 66, BLOCK 1, 19400 WEST DIXIE HWY. 70.00 (ADM. FEE) PB 43, PAGES 152/153 NORTH MIAMI BEACH, FL PUBLIC RECORDS OF 331180-2215 PALM BEACH COUNTY, FL (930 NW 38TH TERRACE) TOWN OF DELRAY, N 100 ETHEL M. PITMAN, ESTATE $ 70.00 FT OF E 130 FT OF S 1/2 c/O LEO DENNIS 70.00 (ADM. FEE) OF BLK. 12, PB 1, P 3, 6300 SW 59TH PLACE PUBLIC RECORDS OF PALM SOUTH MIAMI, FL 33143 BEACH COUNTY, FL (18-24 NW 6TH AVENUE) PT. OF SUB. OF BLOCK 64, NATHANIEL HICKMON $ 7.25 DELRAY BEACH, LOT 12, 13971 LAWRENCE ROAD 70.00 (ADM. FEE) PT 20, P 39, PUBLIC DELRAY BEACH, FL 33445-2330 RECORDS OF PALM BEACH COUNTY, FL (337 SW 1ST AVENUE) - 6 - RES. NO. 56-95 . TOWN OF DELRAY, S 1/2 ETHEL MACKEY $ 51.50 OF LOT 5, BLOCK 3, c/O SHIRLEY M. WALLANCE 70.00 (ADM. FEE) PB 1, P 3, PUBLIC 1120 NW 64TH STREET RECORDS OF PALM BEACH MIAMI, FL 33150-4231 COUNTY, FL (129 SW 5TH AVENUE) TOWN OF DELRAY, N 69.5 DOROTHY MAGER $ 41. 00 OF LOT 9, BLOCK 78, c/o GARTH MAGER 70.00 (ADM. FEE) PB 1, P 3, PUBLIC 1704 HIGH RIDGE ROAD RECORDS OF PALM BEACH LAKE WORTH, FL 33461-6154 (102 SE 2ND AVENUE) SOUTHRIDGE, LOT 14, JEAN M. DUBIQUE $ 66.00 BLOCK 4, PB 13, P 38, 304 SOUTHRIDGE ROAD 70.00 (ADM. FEE) PUBLIC RECORDS OF DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (304 SOUTHRIDGE ROAD) DEL RATON PARK, W 57.5 LORRAINE F. WHITE $ 33.75 . FT OF LOTS 1 TO 5, INC. / 1528 INMAN CIRCLE 70.00 (ADM. FEE) BLOCK 34, PB 14, P 9, FAYETTEVILLE, NC 28306-9333 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (LA MAT AVENUE) VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED A NUISANCE. - 7 - RES. NO. 56-95 . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f11 SUBJECT: AGENDA ITEM # 2.F. - MEETING OF AUGUST 15, 1995 RESOLUTION NO. 57-95 DATE: AUGUST 11, 1995 This is a resolution assessing costs for abatement action required to remove an unsafe structure on property located at 143 N.W. 5th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $298.26 remains unpaid. Recommend approval of Resolution No. 57-95 assessing costs for removing an unsafe structure on property at 143 N.W. 5th Avenue. . , . I ~,~ - ... ._.. -,..... -- -. ---.-- - ..,.--------- . RESOLUTION NO. 57 - 95 A RESOLUTION_OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT I ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE . SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR I THE MAILING OF NOTICE. ì , I I WHEREAS, the Building Official or his designated representative I has, pursuant to Article 7.8 of the Land Development Regulations, I declared the existence of an unsafe building upon certain lots or I I parcels of land, described in the list attached hereto and made a part I hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code I of Ordinances; and, I WHEREAS, pursuant to Article 7.8 of the Land Development I I Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, I ! I t --- "- -.'-"- .-,- ~-- ____,~_.__"__.._~^__._,_.'. ...._..._~ __,._.__~~ _,_, __'~_M -,----~---"'...._-_.._--.~..._-_._-_.-_.._-,_..-~..__...-.--.'-.- ~~_._'",~-,._~-, ..- .- ~ .. >"_ ',,~_._.,_..,._ _n_'_ I WHEREAS, neither an appeal to the Board of Construction Appeals i or corrective action was undertaken in accordance with the order of the I Chief Building Official; therefore pursuant to Article 7.8 of the Land I Development RegulatiQns the Building Official caused the abatement i I I action to be done; and, i WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the I City of Delray Beach, submitted to the City Commission a report of the I costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, , WHEREAS, the City Commission of the City of Delray Beach, ! pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s) . . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and I foreclosure as City taxes are collectible. I Section 2. That such assessments shall be legal, valid and I binding obligations upon the property against which said assessments are I levied. I Section 3. That the City Clerk of the City of Delray Beach is ¡ I hereby directed to immediately mail by certified mail, postage prepaid, I return receipt requested, to the owner(s) of the property, as such I I ownership appears upon the records of the County Tax Assessor, notice(s) I that the City Commission of the City of Delray Beach has levied an I assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing I I date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6 %) I per annum, plus reasonable attorney's fees and other costs of collecting said sums. I I - 2 - Res. No. 57-95 I I \ I , i . , --. .~--- ..~.. ...- - - - -.- ~..._~.. _'_'h ~ . -~..'.~ ,-- --- ------..- --.. Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing ! date of the notice of said assessment(s), after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of six I percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. I I I Section 5. That in the event that payment has not been re- I ceived by the City Clerk within thirty (30) days after the mailing date I of the notice of assessment, the City Clerk is hereby directed to record ¡ a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- I fied copy of this resolution a lien shall become effective on the. , subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's , I fee. i' I PASSED AND ADOPTED in regular session on this the day Ii \, of 1995. I , Ii I I MAYOR ,. ATTEST: I ! ~ i I, City Clerk I ; ¡¡ !. I! ¡ II I: I, i \ - 3 - Res. No. 57-95 I ¡ I . I CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT / - TO: Progressive Finance Company ADDRESS: PO Bo~ 817, De1ray Beach, Fl 33447 PROPERTY: 143 NW 5th Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION:rep1at of part of Block 27, Delray Beach, Lot 1 and N7' of Lot 2 according to Plat Book 21, Page 43 of the official records of Palm Beach County, Florida You, as the record owner, of, or holder of an interst in, .. . the above described property are hereby advised that a cost of by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19 -' has been levied against the above described property. The costs were incurred as a result of an abatement action re2arding the above described property. You were given notice on -28-95 that the Chief Building Official had deter- mined that a building/structure located on the above describe~ property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the pro- cedures for obtaining an apeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. t " The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above de- scribed property on 3-29-95 at a cost of $298.26 which includes a ten percent (10%) administrative fee: If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shåll be reocrded in the official Records of Palm Beach County, Florida aga~nst the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTAGES. . Copies of all notices referred to in this notice are avail- . able in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk , - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~. G· - MEETING OF AUGUST 15, 1995 RESOLUTION NO. 58-95 DATE: AUGUST 11, 1995 This is a resolution assessing costs for emergency abatement action required to fill an abandoned septic tank located at 40 S.W. 13th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $687.11 remains unpaid. Recommend approval of Resolution No. 58-95 assessing costs for filling an abandoned septic tank located at 40 S.W. 13th Avenue. . , . ~- ~.~.'..~..-..-'--'-- RESOLUTION NO. 58-95 A RESOLUTION-OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE . SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR I THE MAILING OF NOTICE. I ! WHEREAS, the Building Official or his designated representative I has, pursuant to Article 7.8 of the Land Development Regulations, I declared the existence of an unsafe building upon certain lots or I parcels of land, described in the list attached hereto and made a part I hereof, for violation of the building codes and building requirements \. adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code :' of Ordinances; and, Ii : WHEREAS, pursuant to Article 7.8 of the Land Development ¡ Regulations of the City of Delray Beach, the Building Official or his i designated representative has inspected said land(s) and has determined ! that an unsafe building existed in accordance with the standards set I forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and \ did furnish the respective owner (s) of the land (s) described in the , attached list with written notice of unsafe building and detailed report Ii of conditions and notice to vacate as the Building Official determined ¡ that the building was manifestly unsafe and is considered a hazard to ¡ life and public welfare pursuant to Article 7.8 of the Land Development . Regulations, describing the nature of the violations and sent notices II that the building was to be vacated and that the building was to be ! repaired or demolished; work must be begun within sixty (60) days and ! all work must be completed within such time as the Building Official \ determines, said notice also advised that all appeals must be filed i within thirty (30) days from the date of service of the notice and I failure to file an appeal or to make the repairs required that the I'· Building Official would have the authority to have the building demol- I ished from the date of the said notice; and, I WHEREAS, all the notice requirements contained within Article ¡ 7 . 8 have been compl ied wi th; and, I I I I ! ¡: '" r - .._- ...~.- .~._- --- .~------ - ~_____,,~...__ .__ k __. --, ...-.. -.-----..- I WHEREAS, neither an appeal to the Board of Construction Appeals I I or corrective action was undertaken in accordance with the order of the I Chief Building Official; therefore pursuant to Article 7.8 of the Land I Development Regulations the Building Official caused the abatement I action to be done; and, I' I WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s) . . i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE r CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I! Section 1. That assessments in the amount of I: as shown by the report of the City Manager of the City of Delray a copy of which is Ii attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- Ii cated thereon. Said assessments so levied shall, if not paid within I: thirty (30) days after mailing of the notice described in Section 7.8.11 Ii become a lien upon the respective lots and parcel(s) of land described Ii in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and II with the same penalties and under the same provisions as to sale and II foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and I I binding obligations upon the property against which said assessments are II levied. I , I Section 3. That the City Clerk of the City of Delray Beach is I! I hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such I ownership appears upon the records of the County Tax Assessor, notice(s) ¡ that the City Commission of the City of Delray Beach has levied an I assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on I said property, and interest will accrue at the rate of six percent ( 6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 58-95 I . , , "._ __. . c··_.___·.·....~·~ __..~___.... Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- I fied copy of this resolution a lien shall become effective on the subject property which shall the cost of abatement, interest . secure at I the rate of 6%, and collection costs including a reasonable attorney's I fee. I ¡ PASSED AND ADOPTED in regular session on this the day ! of , 1995. i I I , , i i MAYOR ¡ ATTEST: ! I ! City Clerk I I , I I ¡ I I I I - 3 - Res. No. 58-95 I \ . CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT .- :- . - TO: Emanuel and Lucille Harrison- ADDRESS: 40 SW 13th Avenue, Delray Beach, Fl 33444 PROPERTY: 40 SW 13th Avenue; Delray Beach, Fl 33444 LEGAL DESCRIPTION: Lot 18, Block 4, Odman's subdivision, Plat Book 4 Page 53 of the official records of Palm Beach County, Fl. You, as the record owner, of, or holder of an interst in, .. the above described property are hereby advised that a cost of .. $687.11 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19 -' has been levied against the above described property. The costs were incurred as a result of an abatement action regardin~ the above described property. You were given notice on 5-1- 5 that the Chief Building Official had deter- mined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the pro- cedures for obtaining an apea1. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. . - You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. , . The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above de- scribed property on 6-2-95 at a cost of $687,11 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be reocrded in the official Records of Palm Beach County, Florida aga~nst the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTAGES. . Copies of all notices referred to in this notice are avail- . able in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJI<1 SUBJECT: AGENDA ITEM # ¡.I! - MEETING OF AUGUST 15, 1995 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: AUGUST 11, 1994 Attached is the Report of Appealable Land Use Items for the period July 31 through August 11, 1995. It informs the Commis- sion of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend approval of appealable actions for the period stated; receive and file the report as appropriate. , or< ~ CITY COMMISSION DOCUMENTATION TO: yz" H~~I~ MANAGER THRU: PA~LlNG, .. ~CIPAL PLANNER DEPARTMENT OF PLANNING AND ZONING f::~/j ~ FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF AUGUST 15, 1995 * CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS JULY 31.1995 THRU AUGUST 11.1995 ACTION REQUESTED OF THE COMMISSION: 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 31, 1995, through August 11, 1995. BACKGROUND 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 15, 1995 Page 2 PLANNING AND ZONING BOARD The Planning and Zoning Board did not meet during this period. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF AUGUST 9, ~ A Approved (5 to 0), a request for an elevation change involving the removal of two windows and replacement with stucco dry wall panels at City Hall. B. Approved (5 to 0), a request for an elevation change associated with the addition of mechanical equipment along the exterior facade for Powers Lounge, located on the north side of East Atlantic Avenue, between N.E. 2nd Avenue and N.E 3rd Avenue. C. Approved (5 to 0), a request for an elevation change (awning addition) at Grangers Grill, located at the northeast corner of N.E. 6th Avenue and N.E. 2nd Street. D. Approved (5 to 0), a request to reduce the required parking from ten spaces to seven spaces for Giancarlo's Pizza Buffet, located at the northwest corner of N.E. 1st Street and N.E. 6th Avenue. E. Approved (5 to 0), a request for an elevation change (awning addition) for Cafe Luna Rosa, located on the west side of A-1-A, south of Atlantic Avenue. F. Approved (5 to 0) with conditions, the site plan, landscape plan and architectural elevations associated with the conversion of an existing church to an elementary school and pre-school, The Oaks School of Delray, located on the east side of Swinton Avenue, north of Pine Ridge Road (N.E. 22nd Street). Concurrently, the Board approved a request to defer the installation of a sidewalk along Swinton Avenue for one year. HISTORIC PRESERV A TION BOARD MEETING The Historic Preservation Board did not meet during this period. . City Commission Documentation Appealable Items Meeting of August 15, 1995 Page 3 RECOMMENDED ACTION. By motion, receive and file this report. Attachment: Location Map . ·" LOCATION MAP FOR CITY COMMISSION MEETING OF AUGUST 15. 1995 L-JO CANAL ~-------------- c ¡ ~ ¡ ~ c: _J ð III -' ¡ ë ~ . ,..--~-------- ~ LAKE IDA ROAD 0: [S I CD C:::: r---------, __-__, l..... '--------;, , . r-, I 1·-· . I ' , . I , L______- ---, r-------.i I ¡ , ~ ' ~ r"'!""'- ---.I ¡ ATLANTIC AVENUE ~ ..--- ¡ ¡ ~ ~ :I: r-----..a 0( 0( ¡ CD .. :-i ¡ C 0: 0: ~ ~ ~ ¡ ~ VI ... ¡ ~ ... ~ Õ LOWSON BOULEVARD CD S.W. 10TH TREET ~ ~ ... ~ (.) :I: ¡:: ~ ¡ ~ ¡ 0( ,...--- ¡ >- '---- ¡ f ¡ ¡ is L-l. ~ I :r -.I ' -' ~ r---/---------.J 0( z ~ ¡ 0( (.) -' . 0') 2 ! I I \oJ i ¡ -----------------------------------------------~-- L-38 CANAL C-15 CANAL S.P.R.A.B. CITY LIMITS -------.--. A. - DELRAY BEACH C/lY HALL B. - POWERS LOUNGE I MILE I C_ - GRANGERS GRILL I D. - GIANCARLO'S PIZZA BUFFET SCALE E. - CAFE LUNA ROSA F. - THE OAKS SCHOOL OF DELRAY N - CITY Of DELRAY BfACH. f"L Pl..AHNlNC DEPARTMENT -- DIGITAL 8AS£ ItIAP SYST£I.I -- . - .' J [IT' OF DELRA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH f lOR I I) A ...... All-America City MEMORANDUM " III! DATE: August 11, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Amendment to Contract to Purchase with the CRA - Monteray House I have been informed that the CRA at its meeting of August 10, 1995 approved an extension of time to close on the Monteray House from August 15, 1995 until on or before September 29, 1995, assuming a Certificate of Occupancy has been issued and the required improvements are completed and grant moneys have been issued. It is further my understanding that the CRA approved the extension permitting occupancy during the interim period prior to closing subject to an appropriate occupancy agreement to be formulated by CRA attorney Bob Federspiel. By copy of this memorandum to City Manager, David Harden, our office requests that this amendment to the contract for purchase, extending the closing date and permitting interim occupancy pursuant to an occupancy agreement be placed on the City Fench! for August 15,1995 for approval. Attachment cc: David Harden, City Manager Alison MacGregor-Harty, City Clerk monteray. sar ® Printed on Recycled Paper ?;J.T- . . , - . ,..."DKIUI'J! !fO COJl!l!RAC:!'J! POR SALB AIID PURCBAB. I I TlIIG AMeNDMeNT TO CONTRACT FOR SALE AND PURCHASE _nding that cexta1.n Contract for Sale and Puroha.e dated April 28, 1895, between DBLnAY DBACJi COMMUNITY nBDBVSLOPHENT AGENCY, hereinAfter referred to a.. ".._ller," and CITY OF DRLRAY BEACH, he%e1.nafte% referred to as "Buyer," is made and entered into this day of , 1995. WIT N B S S B T H : WHER.RAB. Sellex and Buyer have hexetofore entered Lnto that øexta1.n Contract for Sale and puroha.e %egardi.ng property looated at 20 North S....inton Avenue, Delray Boach, Florida 33444, under do.te . of April 28, 1995, hereinafter referred to as "the Contract": and WH2JU!:AS. the parties hereto arc dcøirous of Amending certain portion.. of the Contract in the manner hereinafter set forth. NOW, TIIeRJUrORE , in consideration of the mutual cov.nan~s and prom~se. herein contained from one party to the other, l.he receJ.pt and adequacy of which ies hereby acknowledged, t.he part.iecs hereby agree as follows, 1. Sect-Lon V ("Cloøing Date.,") under Addendwn Paragraph H. of the Contract is hereby amended in it.s Eotltir.ty to read as follow. 1 H. Thiø tranøaction for the øale or th... "Monterey House" shall be cloesed and the deed and other c10Bing pt1pers delivered on or before September 29, 1995, Gcstluming a Certifi- cate of Occupancy ha. been issued, the J.m- provornent:s required to be:! completed on the Monterey Hou.. are c:omplø~e ,.,u1 tit", Gront of funds under Addendum K shall have been ~Bsued. 2. ~l other provLsionø uf the above-referenced contract not ~nded hereby shall røma~n ~n full force and effect, unaltered by thiø AmenCÙ1l.ent. ZN WITNEGS WJIBRBOF , the paz.-t,les h"'r...tu have executed thi.s Amendment to Contract for Sale and Purchaø8 the day and year first above wr.itten. Witnooses: DE~RAY BEACH COMMUNITY RBDEVELOPMENT AGENCY By. _.. . , - < . CITY or DBLRAY BEACH , By. . . ' ~.DNB.~ ~a caR~RAe~ POR SALE AHD PURCBAS. TUIG AMENDMENT TO CONTRACT FOR SALE .AND PURCHASE amending that I certa.in Contract for Sale and. purchase dated April 29, 1995, between DBLnAY PEACH COMMUNITY nSDEYnLOPMENT AGENCY, here1nafter referred to as "Sel.l.er." and CITY OF DBLRAY BEACH, here.inafter referred to as "Buyer," .is made and entered .into th.is day of , 1995. WIT N E S S B T H : WHEREAS. Seller and Bqyer have heretofore entered .into that eer~a.in Con~ràe~ for Sale and Purohase regard.ing property looated at 20 North Swinton Avenue, Delray Doaeh, Florida 33444, under dote 'of Apr.il 28. 1995. hereinafter referred to as "tho Contractu: and WHEREAS, the part.ies hereto arc dc~irouÐ of ~end.ing certa.in portions of the ContrAet .in the manner here.inafter Bet forth. NOW, TIIßRßFORE, .in cons.iderat.ion of the mutual covenants and pro.m~Be8 here.in conta~ned from one party to the other, the rece.ipt and adequacy of whi.ch i.$ hereby acknowledged, 'Lhe partieß hereby agree as follows, 1. Sect.ion V ("C1osi.ng Date,") under Addenàwn Paragraph M. of the Contract .is hereby amended .in .i. ts entirety to read 8S follow.s H. This transaction for the sale of the "Monterey House" shall be closed and the deed and other closing pöpers del~vered on or before September 29, 1995, Clttßuming a Certif.i- cate of OccQ.pancy has been !ssuad, the 1.m- provoments required to 1,6 completed on the Mont:er8Y House are compleLe tand the Grant of funds under Addendum K 8h~11 have been ~66ued. 2. All other provLølonø of the above-referenced contrac~ not nmended hereby shall remain in full force and effect, unaltered by th.io Amendment.. 'IN WITNEGS W1JDRBOF, the part.ies harc::to have execu't.ed this Amendment to Contract for Sale and Purchaøe the day and ye~r firs't. Above wr.itten. WitnoÐses: ÐELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By. . . . CITY OF DBLRAY BEACH . By. , . . - of< tM RECEIVED [IT' OF DELRA' BEA[H AUG 1 0 1995 cnvMt:'· --,.." MlICr. CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DElRA Y BEACH F LOR I D A ...... AII·America City MEMORANDUM " III! DATE: August 8, 1995 1993 TO: City Commission .~ FROM: David N. To1ces, Assistant City Attorney SUBJECT: Agreement with Liddun International - Legends Tournament and Concert November 29 - December 1. 1995 The proposed agreement between the City and Liddun International grants Liddun a license to hold a tennis tournament and associated concert from November 30 to I>ecernber 3, 1995. The City will receive payment of $12,500.00 for the use of the municipal tennis center for that time period. Liddun will set up concessions during the tournament, and pay for required off-duty police and Emergency Medical Technicians (EMT). In the event Liddun decides to present musical entertainment, Liddun will have to provide the staging, security, and EMT's. It is anticipated that two concerts will be held. One concert will be held on November 30, 1995 and a second concert will be held on December 1, 1995. The majority of the provisions within the agreement are taken from Liddun's current agreement, as well as the City's agreement with Palm Acts. The City Attorney's Office recommends approval of the agreement with Liddun International. Please contact my office if you have any questions. I>NT:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Joseph Weldon, Director of Parks and Recreation legends2.dnt q.A· ® Printed on Recycled Paper . , [I" OF DELRA' IEA[H DElRA Y BEACH f LOR I f) A tw.e.d 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000 AII.Americac, '11It 1993 MEMORANDUM TO: David Tolces Assistant City Attorney FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Legends Agreement DATE: August 8, 1995 Per our meeting on August 2, 1995 with Sharon O'Connor, the following concerns the agreement for the Legends Tournament from November 30 to December 3, 1995. 1.) Sharon O'Connor indicated she would like to split the concert date and have the concerts on Thursday, November 30th and Friday, December 1st with the Legends Tournament scheduled for Saturday, December 2nd and Sunday, December 3rd. 2 . ) Instead of the standard payment schedule for stadium rental of $1,500 plus $500 clean-up fee, or 10% of the gross revenues and 10% of the gross of all concessions, Liddun International has offered a straight payment of $12,500 for the four day event. Based on the single concert we have had thus far, we had received only the minimum payment of $2,000 plus $294.90 for our percentage of the concessions. Over a four day period, the guarantee of $12,500 exceeds what we may receive at the minimum payment plus percentages of the gate and concessions. @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS . , 2 3. ) Liddun International shall be responsible to provide and pay for City police personnel which the City determines is necessary for the concert and the tournament. Additionally, Liddun International shall contact the City Fire Department to make arrangements for emergency medical technician (EMT) personnel to be present at the event at Liddun International's expense. As you know, the rest of the agreement is comparable to the agreement your office drafted for the Delray Beach Winter Championships. Parks and Recreation cc: David Harden City Manager JW: cp Ref:dtlegend AUG 9 /995 . , , AGREEMENT THIS AGREEMENT, , made and entered into this day of - , 1995 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as City), and LIDDUN INTERNATIONAL, INe., a Delaware corporation, (hereinafter referred to as Liddun). WIT N E SSE T H: WHEREAS, Liddun has the right to promote, manage and hórd a women's professional tennis association tournament in February/March of each year in Delray Beach; and, WHEREAS, that tournament is currently known as the Delray Beach Winter Championships; and, WHEREAS, Liddun desires to hold a Legends Tennis Tournament on November 30 to December 3, 1995 at the Delray Beach Municipal Tennis Center; and, WHEREAS, the City is desirous of having the tournament at the Municipal Tennis Center November 30 to December 3, 1995; and, WHEREAS, the City believes that the presence of the tournament within Delray Beach will grant the citizenry of Del ray Beach many tangible and intangible benefits; and, NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: ARTICLE 1 Grant of License 1.01. TERM. The City hereby grants to Liddun for the period of November 29 to December 3, 1995, the exclusive rights and privilege to use, manage and operate the municipal tennis stadium , and necessary surrounding property for the four day tournament, commencing on Thursday, November 30, 1995, and ending on Sun,day, December 3, 1995. Liddun's rights shall cover an additional one (1) day period before the commencement of the tournament to set up necessary facilities and an additional day after the tournament to remove necessary facilities. 1.02. LICENSE AGREEMENT ONLY. This agreement between the City and Liddun is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction-ro be a license agreement only. Furthermore, this License Agreement does not grant nor is Liddun receiving hereunder any rights to any real property of the City nor any property interests except as set forth in this agreement. 1.03. FACILITIES PROVIDED BY CITY. The facilities (hereinafter referred to as Tournament Site) to be provided by the City and subject to this license include the following: A. The stadium court at the City's municipal tennis center. B. Use of the hard surface or clay courts as required. C. A sound system for use during the event. D. Adequate electrical power for event needs, including hook up for television cameras. E. Rest room facilities for the general public. F. Fencing of the site to ensure proper security. G. Necessary signage to direct the general public to the facility. H. A ticket sales office at the main entrance to the facility, equipped with a phone, electricity and air conditioning, which can be a temporary structure or a trailer. 2 " I. Adequate parking for spectators on City-owned or controlled property based on Liddun'~ estimated requirements. 1. Locker rooms and players lounge providing adequate shower and relaxation areas for the players before and after matches, which locker room and lounge will include sufficient lighting and air conditioning. K. Office space for tournament personnel. The office space may be a permanent structure, a temporary structure or an appropriate trailer, which - - space will include sufficient lighting and air-conditioning. L. A media center for the use of the press, radio and television representatives. This facility can be a permanent structure, temporary structure, or an appropriate trailer, which center will include sufficient lighting and air-conditioning. M. One City Electrician on site at Liddun's request for November 30 and December 1, 1995. 1.04. FEES AND CHARGES. A. Liddun shall have the exclusive right to the fees and income derived from the sale of tickets to the tournament, merchandising rights to the tournament, commission sales during the tournament, sale of television rights, parking fees, concessions and all other fees and income relating to the tournament. B. Liddun shall have the right to set the fees· and charges for the services it provides to the public relative to the tournament. 1.05. LIMITATIONS ON USE OF THE STADIUM COURT. In addition to limitations contained in the License Agreement dated June 5, 1992, between the City, Liddun, and Kingdom, Inc., the City agrees to not make the facilities available 3 . . for any other professional tennis tournament between October 1st and December 1st, 1995 without the prior written consent of Lidqun. ARTICLE 2 Liddun's Obli2ations 2.0t. LICENSE FEES. Liddun shall pay the City a license fee of Twelve Thousand Five Hundred Dollars ($1,500.00) for the use of the facilities described in Section 1.03 from NovemDer 29 through December 3, 1995. Such payment shall be made no later than thirty (30) days after the tournament to the City Manager at 100 N.W. 1st Avenue, Delray Beach, Florida 33444. 2.03. T AXES. Liddun shall be liable for any and all taxes which are or may be imposed as a result of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to, sales and use tax. 2.04. PROOF OF INSURANCE. Liddun shall provide the City with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit A to this agreement. Proof of such insurance shall be due by November 1, 1995. The insurance shall name the City as additional insured. 2.05. FINANCIAL RESPONSIBILITY. Liddun agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for Tournament including, but not limited to, all accounting and reporting as may be required by laws. Liddun further agrees to accept sole responsibility for any financial 4 . commitments or obligations it incurs as a result of Tournament, and which are not provided for in this Agreement. . 2.06. OTHER SERVICES AND SUPPLIES. Liddun further agrees that all services and supplies not specifically identified herein shall be provided by or through Liddun. 2.07. CONCESSION RIGHTS OF LIDDUN. - - Liddun may sell food, beverages, confections, refreshments and novelties or may, subject to approval by City, contract with another to provide such service. With prior approval from the City, Liddun may provide temporary structures at its own expense, for the sale of concession items. In providing the concession service, Liddun or any person, firm, or corporation with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply with the following provisions provided, however, that Liddun shall remain ultimately responsible to City for all obligations required of the concessionaire: a. Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this conceSSIOn. b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. c. Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the City shall cause undue litter. 5 . d. Concessionaire shall have the option to sell beer and wine at the Tennis Center. The sale of other alcoholic beverages is prohibited. Sale of beer and wine must comply with all federal, state, COÚllty, and municipal laws, ordinances and regulations and must be properly licensed by the State of Florida. e. Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to City for approval prior to installation of any items. For the purpose of this Agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. f. The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. g. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or City, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by City. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. h. Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. 1. If the concession is operated by a person, firm or corporation other than Liddun, such person, firm, or corporation shall at all times maintain workers' compensa- tion insurance coverage for all employees which it employees within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire 6 . legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be cancelled or amended without at least ten (10) days written notice to the Risk Manager of City and shall name City, its officers, agents and employees as additional insured. 2.08. ACCEPTANCE OF TOURNAMENT SITE. Prior to the Tournament, Liddun may inspect and examine the Tournament Site to determine that said site is an adequate and satisfactory condition for the uses contemplated. - - Liddun assumes full responsibility and liability for all damages, losses and liabilities caused by defects or conditions on the Tournament Site, which arise once it commences use and occupancy of the Tournament Site. Liddun indemnifies and holds City harmless for any such claims unless such damage, loss or liability was caused by City's (including its employees and agents) gross negligence or willful misconduct. City shall not be responsible for any damage or injury to, or the personal conduct, safety and welfare of any representatives, employees, exhibitors, independent contractors, workers and invitees while on the premises. Liddun expressly indemnifies, holds harmless and releases City from any and all claims, damage, losses or liability associated therewith, unless such claim, damage, loss or liability is caused by City's (including employees and agents) gross negligence or willful misconduct. 2.09. REPAIR. REPLACEMENT AND MAINTENANCE. Liddun shall pay all costs for cleanup, repair and replacement and all damages of whatever origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which may occur during the term of this Agreement in order to restore the Tournament Site to a condition equal to the condition at the time Liddun occupies the Tournament Site. Liddun shall be responsible for clean-up of the Tournament Site during and after the Tournament. If at any time City determines that the dean-up services provided by Liddun 7 . · are not adequate or that said services endanger public health and safety, City shall provide these services. Liddun shall reimburse City fo.r the costs of providing these services and for the actual costs of any supplies. 2.10. EVENT PERSONNEL AND EQUIPMENT. Liddun shall provide all personnel needed for the tournament, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. In the event Liddun chooses to provide entertainment during November 30 to December 3,-1995, Liddun shall be responsible for the installation or removal of any staging. All sound or lighting which is to be utilized for the tournament or any other equipment of any type or nature which is needed for the tournament is Liddun's sole responsibility. 2.11. POLICE AND EMERGENCY PERSONNEL. Liddun agrees to make arrangements with the City Police Department to provide for City police personnel which the City determines, in its sole discretion, is necessary for the tournament. The officers shall be paid at the prevailing off-duty detail hourly rate in effect at the time of the event. Liddun shall, at least thirty (30) days prior to the tournament, consult with the Chief of Police or his designee to determine the proper scheduling of security for the tournament. Also, Liddun shall contact the City Fire Department to make arrangements for Emergency Medical Technician personnel to be present at the tournament at Liddun's expense. If Liddun enters into any agreement with any promoter, the promoter agreement shall contain this provision, and the promoter shall be under the same obligation as Liddun to hire police personnel and emergency medical technicians. 2.12. CITY'S RIGHT TO CONTROL PREMISES. City at all times reserves the right to eject or caused to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither City nor of 8 any its officers, agents or employees shall be liable in any manner to Liddun or its officers, agents or employees for any damages which may be sustained by Liddun through the exercise of this right by City. 2.13. TICKET SALES. All tickets for admission shall contain language approved by City establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, Liddun shall provide City Manager or his designee with the established selling price of each tÿpe and kind of ticket for his review and approval. 2.14. ADVERTISING MATTER. Liddun agrees, subject to its rights, if any, under any applicable License Agreements, to identify the City of Delray Beach as the site of the Tournament in all publications, advertising and any electronic broadcast, and to permit City to use Liddun's trademark or any trademark authorized to be used by Liddun, during the term of this Agreement solely in the connection with the advertisement and promotion of City subject to the approval of Liddun, which approval will not be unreasonably withheld. All printed material, advertising matter, posters and pictures to be used prior to or at Tournament which include the name City of Delray Beach or its official seal shall be sub- mitted to the City Manager or his designee for his approval at least two (2) weeks prior to the proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or his designee. Liddun shall provide to the City two (2) full-page, four (4) color or black and white advertisements in the Tournament program, plus two (2) pages of editorial content. 9 . Liddun shall include the name "CITY OF DELRA Y BEACH" as the "Host Site" in all Tournament Event brochures, po~ters, draw sheets, counter cards and other publications relating to Tournament. If Liddun is able to secure television coverage for the tournament, Liddun shall ensure that any such television coverage of the tournament shall specifically mention the City as the host in the opening of each and every broadcast. In addition, Liddun shall use its best efforts to ensure that a minimum of 60 seconds of each and every broadcast is devoted to a promotional - - presentation on the City of Delray Beach. It shall be the City's obligation to provide the promotional video. 2.15. ALCOHOLIC BEVERAGE LICENSE. In the event an alcoholic beverage license is required, Liddun or its agents shall apply for and obtain a temporary alcoholic beverage license from the State of Florida Department of Business Regulations, Division of Alcoholic Beverages and Tobacco (F.S. 561.422 [1991]) for the sale of alcoholic beverages at the Tournament Site for the Tournament. Liddun shall display said license in a conspicuous place at the Tournament Site of the sale and/or distribution of the alcoholic beverages (F.S. 561.23 [1991]). Liddun shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco (F.S. 561.501 [1991]). Liddun shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations. 2.16. V ACATION OF TOURNAMENT SITE. Liddun agrees to vacate the licensed Tournament Site no later than one (1) day after the completion of the Tournament; to leave said Tournament Site in a condition equal to 10 that at the commencement date Liddun occupies the Tournament Site each year, ordinary wear and use thereof only excepted, and that.Liddun shall remove from the Tournament Site within five (5) days following the closing of the Tournament, all material and equipment owned by Liddun. 2.17. NON-DISCRIMINA TION. A. That Liddun for itself, its personal representatives, successors in interest, assigns subcontractors, and sublessees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination. 3. That the Liddun shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of a proven breach of any of the above non- discrimination covenants, the City shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal 11 , Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. þ C. Liddun shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry . 2.18. CHANGE IN LAW. During the term, the City reserves the right to restate and/or renegotiate with Liddun such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the downtown site. In the event that the City and Liddun are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. ARTICLE 3 General Provisions 3.0l. CANCELLATION BY CITY. The occurrence of any of the following cause this Agreement to be automatically terminated: A. Institution of proceedings in voluntary bankruptcy by Liddun. B. Institution of proceedings in involuntary bankruptcy against Liddun if such proceedings lead to adjudication of bankruptcy and the Liddun fails within ninety (90) days to have such adjudication reversed. 12 .. , The City shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to Liddun specifying the amount of payment(s) in default, to terminate this Agreement whenever the non-payment of any sum or sums due hereunder continues for a period of ten (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if Liddun makes the required payment(s) during the fourteen (14) calendar day period following receipt of the written notice. C. City reserves the right to terminate this Agreement for good cause upon thirty (30) calendar days written notice by registered certified mail to Liddun. In the event City exercises that right, it shall refund any advance monies paid to City on the condition that Liddun shall agree to forego any and all claims of any kind against City. 3.02. DEF AUL T BY LIDDUN. The City may terminate this Agreement for cause upon Liddun's failure to perform any of the terms and conditions of this Agreement and such failure in performance not remedied by Liddun within thirty (30) days after receiving notice in writing of such default or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stàting the nature of the failure of performance and the City's intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the City. Notwithstanding anything to the contrary contained herein, this Section 3.02 shall not apply where Liddun's failure to perform in a timely manner was caused by casualties, acts of God, material shortages, war, water shortages, governmental regulation, strikes or labor disputes, Liddun's inability to secure necessary governmental permits after a reasonable effort by Liddun to so obtain said permits, or other causes beyond the reasonable control of Liddun. 3.03. DEFAULT BY CITY. Liddun may terminate this Agreement for cause upon City's failure to perform any of the terms and conditions of this Agreement and such failure in performance was not remedied 13 by City within thirty (30) days after receiving notice in writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and Liddun's intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from Liddun. Notwithstanding anything to the contrary contained herein, this Section 3.03 shall not apply where City's failure to perform in a timely manner was caused by casualties, acts of - - God, material shortages, war, water shortages, governmental regulation, strikes or labor disputes, City's inability to secure necessary governmental permits after a reasonable effort by City to so obtain said permits, or other causes beyond the reasonable control of City. Termination pursuant to this paragraph shall not effect any other rights which Liddun may have, either at law or in equity, for damages or otherwise, resulting from such default and subsequent termination. 3.04. REMEDIES. ATTORNEYS' FEES AND COSTS. All remedies provided in this Agreement shall be deemed cumulative and additional, or not in lieu of or exclusive of each other or of any other remedy available at law or in equity. In the event of any arbitration or action at law or in equity arising hereunder, the prevailing party shall be awarded all costs and expenses (including reasonable attorneys' fees) incurred in connection herewith. 3.05. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, Cio/ Manager City of Delray Beach 100 N.W. 1st Avenue De1ray Beach, Florida 33444 14 . . To Liddun: George Liddy, President Liddun International, Inc. 2929 East Commercial Boulevard Fort Lauderdale, Florida 33308 or to such other addresses as either party may designate in writing. 3.06. INTERPRET A TION. This Agreement constitutes the entire Agree~ent between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed an delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and sections headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 3.07. INDEMNIFICATION. To the fullest extent permitted by laws and regulations, Liddun agrees to indemnify, save and hold City, its officers, agents and employees, harmless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, o~ because of the use, maintenance, or operation of the licensed facilities, including but not limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by Liddun or its officers, agents, employees, or independent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by Liddun, its players, agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either Liddun or any player, agent or employee of Liddun: (c) the breach by Liddun of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by Liddun in this Agreement. Liddun shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not 15 . , limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of City when applicable. Liddun agrees to defend åll actions to which this Section 3.07 applies, in the name of City provided, however, that City reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of Liddun under this indemnification agreement. Such indemnification shall not be limited to the amount of commercial general liability insurance which Liddun is required to obtain under this License Agreement. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Section shall survive the execution, delivery and performance of this Agreement. 3.08. DESTRUCTION OF TOURNAMENT SITE. In the event said Tournament Site, or major part thereof, shall be destroyed or damaged by fire or any other cause, or if any other casualty or any unforeseen occurrence shall render the fulfillment of this Agreement by City impossible, then and thereupon, this Agreement shall terminate, unless Liddun shall, at its option, agree to pay to repair such damage. 3.09. PERSONAL PROPERTY. City assumes no responsibility whatsoever for any property placed on the Tournament Site by Liddun, its agents, employees, representatives, independent contractors or invitees. City is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Tournament Site under this Agreement, unless such damage, loss or liability is caused by City's (including employees and agents) gross negligence or. willful misconduct. 3.10. INDEPENDENT CONTRACTOR STATUS. 16 . , Liddun and its employees, volunteers and agents shall be and remain an independent contractors and not agents or employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 3.11. COMPLIANCE WITH LAWS. Liddun shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Flonda, City of Delray Beæ:;h and of any other public authority which may be applicable to the use of the Tournament Site by Liddun. Liddun shall obtain at its expense any and all required permits and licenses including an occupational license if required. 3.12. GOVERNING LAW AND VENUE. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 3.13. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election by the same shall continue and remain in full force and effect. 3.14. SEVERABILITY. 17 . Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. þ 3.15. NO REPRESENTATIONS BY CITY. Neither the City nor the City's officers, agents and/or employees have made any representations or promises except as expressly set forth in this Agreement. 3.16. BOND LIMITATIONS. -- It is recognized by Liddun that the Tennis Stadium has been financed with proceeds of tax exempt debt and may be refinanced from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities, such as the Tennis Stadium, in order to maintain the tax exempt status of debt issued to finance the same. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall automatically terminate, without any required notice by the City, if any payment required to be made under this Agreement to the City would, together with any other payments made or required to be made by any entity or person for the use of the Tennis Center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes of interest on any obligation (herein "Negative Tax Consequences") of the City issued to finance or refinance the Tennis Center or any part thereof. Such a termination shall not constitute a default on the part of either party to this Agreement. Upon such termination, it is the intention of the parties hereto to enter into a new agreement which would contain different or modified payment terms acceptable to both of the parties hereto and which in the opinion of the City's Bond Counsel would not have Negative Tax Consequences. 3.17. ASSIGNMENT OF AGREEMENT. A. Liddun shall not assign or transfer this Agreement nor otherwise convey any privilege granted hereunder or sublease/license any part of the stadium unless the written consent of the City be first obtained. Such consent shall not be unreasonably withheld. Neither 18 . this Agreement nor any right, privilege or interest therein or thereunder shall be transferable by operation of the law or by any process or proceeding of any court. B. Assignment as referred to above shall include, but not be limited to, any and all sales, assignment transfer, collateralization, or other disposition of a majority of stock certificates, right, title and/or interest in and to Liddun International, Inc. to any person or entity other than George Liddy, Robert Dunn, Larry King, and Carrie Cromartie. C. Paragraph 3.17(A) shall not be applicable to any transaction wherein Liddun International, Inc. remains the managing entity of the tournament, and the majority -- interest in Liddun International, Inc. remains in the party(ie~) referred to in paragraph 3.17(B). D. In the event Liddun contracts with a promoter for any activity associated with the tournament, this agreement shall be incorporated into the promoter agreement and attached as an exhibit. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. WITNESS: LID DUN INTERNATIONAL, INC: By: George Liddy, President (print or type name) SEAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 1995 by George Liddy, President of Liddun International, Inc., a Delaware corporation, on behalf of the corporation. He is personally known to me/or has produced 19 . ·.- . (type of identification) as identification and did (did not) take an oath. # Signature of Notary Public ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: -- City Clerk Thomas Lynch, Mayor Approved as to Form: City Attorney legends.agt 20 ¡ I . , . [IT' OF DELRA' IEA[H DElRAY BEACH F tOR lOA, tw.e.d 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000 AII·America City , III I! 1993 MEMORANDUM DATE: August 11, 1995 TO: City Commission FROM: David T. Harden, City Manager SUBJECT: Contract Guarantee for Florida A & M Marchin~ Band A copy of the subject contract is attached. At the last City Commission meeting, sponsors of the Perfect Harmony Festival asked that the City agree to guarantee payment on the contract. At this point, staff has several concerns. The contract does not contain a rain date. The cost of item BA. is unspecified and could easily exceed $10,000. The total cost of bringing the band to Delray Beach would then be something in excess of $35,000. Organizers of the Perfect Harmony Festival are attempting to line up sponsors from the private sector who would agree to partially guarantee payment of the cost outlined in the contract. As of today, they still have a long way to go before having the entire contract amount covered. The cover letter for the contract requests that signed copies be returned by September 7, 1995. Unless the issues outlined above have been resolved or the Commission is willing to have the City undertake considerable financial risk in connection with this event, we recommend that action on this item be postponed until August 29. DTH/mld @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 9.6 " _----'iUL-2E:-95 FF.: I 1 ø: ø::: At'1 P.Ø2 ~ttiitersif\! , ZIP COO!, 32307 DIREC1'OA 0" BANOS July 21, 1995 Ms, Marjorie Ferrer Downtown Coordinator Delray Beach Joint Venture 64 S. E. Fifth A venue Delray Beach, FL 33483 Dear Ms. Ferrer: I am herewith attaching contract for signatures in connection with performance by the Florida A & M University Marching "100" Band at Delray Beach, Florida on Saturday, October 7, 1995. If there are any questions, please call me at (904) 599-3334/599-3341 and FAX (904) 561-2176. Please return signed copies of the contract by September 7, 1995, Best wishes and kindest regards. Willia er Director of Bands /j Enclosures FAMU IS AN EQUAL ?PPORTUNITY I EQUAL ACCESS UNIVERSITY , ,.1 '_I L - 2 ::;: - 9 5 F F~ I 10:04 At'1 F' . '''.:' ~'~"':--<. ¿¡¡ 10 rib 11 d\1\rltl¡I1um[ ~ì~:@~>d¡ /Uti cllI ¿lUlnu.erß iiU WnU¡ ""f,ri'iì~' urib/! QO./ØQQ-3000 DfAfCTOr1 t::J~ nANDS Contract Dlv,alON O~ .ANO. This contract between The Florida A&M University Marching ¿¡100" Band, Tallahassee, FL referred tó as the artist and the "Perfect Harmony Festival - Old School Square of Delray Beach, Florida hereinafter referred to as sponsor for the purpose of providing the following: A. The Florida A&M University Marching "100" Band agrees as the artist-performer to perform at: 1. Pre-game and halftime shows in a performance for Harmony Festival-Old School Square at 5:00 p.m., Atlantic High School Stadium, Delray Beach, Florida, Saturday, October , 7, 1995. 2. Small Ensemble groups will perform at selected and designated stagesfbooths between 12:00 noon and 2:00 p.m. B. The sponsor agrees to provide payment o~ three check~ as follows: 1. $10,000.00 to Florida A&M University Band. Honorarium for "perform;nces: Check to be received by Dr. William P. Foster, Director of Bands, Florida A&M University, 1500 M.L. King, Jr. Blvd, Room 211, Fosler Tanner Music Building, Tallahassee, FL 32307 by Wednesday, October 4, 1995. 2. ~ 12,481.00 to Annette Bus Lines by Wednesday, October 4, 1995 for se~en (7) buses to transport the 329 FAMU Marching Band personnel from Tallahassee to Delray Beach and return to Tallahassee. 3. To assist you financially, the band is absorbing the cost of breakfast allocation of $5.00 each to 329 band personnel total $1,645 for early breakfast in Jacksonville on Saturday, October 7, and the $2,500.00 band maintenance fee. 4. Hotel accommodations for the nights of Friday, October 6 and Saturday, October 7, 1995. a. Two meals for band personnel of 329. Saturday, October 7 10:00 a.m. - Brunch 3:00 p.m. - Dinner h One snack for band personnel of 329 to be issued at about 7:00 p.m. (Two (2) ham sandwiches, small bag of potato chips, apple or orange, two (2) cookies and a can of cold soda. \. . , c. Hotel room configuration 75 quads (4 per room) 3 triples (3 per room) 6 doubles (2 per room) 6 singles (1 per room) 2 suites (complimentary 2) 4 doubles for seven bus drivers (7) d. Allocation for enroute meals is $12.00 for each of 329 band personnel for lunch and dt:llier on Friday, October 6, 1995 for a tota~31948.00~ ,Make this check payable to Dr. "Villiam P. Foster to e'fécëiVed by Dr. Foster by Wednesday, October 4, 1995. Please sign three copies. Keep one copy and return two copies to Dr. William P. Foster, Director of Bands, Florida A&M University, Room 211 Music Building, Tallahassee, FL 32307. I I In witness whereof the parties hereto have caused this agreement to be executed on this 21st day of July 1995. J for Perfect Harmony Festival- for Florida A&M University Old School Square Ms Marjorie Ferrer Frederick S. Humphries Downtown Coordinator President , .. ' ., - . [IT' OF DELRA' IEA[H DELRAY BEACH F t 0 1/ IDA tw.e.d 100 N.W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000 AlI·America City , III t~ 1993 MEMORANDUM DATE: August 11, 1995 TO: City Commission FROM: David T. Harden, City Manager SUBJECT: Request for T em,porary Alley Closure behind the Backroom The Backroom has submitted a request for City approval of several items relating to a proposed Blues Festival on September 3, 1995. The request to temporarily close the alley requires City Commission approval. We did receive some complaints the last time the Backroom placed a stage in this area. In this case, however, they are agreeing to stop the outside music at 10:00 p.m. I recommend that the request to close the alley be approved subject to the Backroom obtaining and placing all barricades. The Backroom is to contact the Streets Division so qualified personnel can insure the barricades are properly placed. Furthermore, the determination as to the appropriate number of police officers would be at the discretion of the Delray Beach Police Department. DTH/mld @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 9·C· , - 08/88/1995 15:37 4872551472 PINEAPPLE PRODUCTION F'AGE 02 '8/10 City Clerk -- Please put on agenda for next week. POLICE DEPARTMENT & PUBLIC WORKS: Please give me your comments by end of today! PINEAPPLE PRODUCTIONS. INC. DTH/mld P.O. BOX 6656 DELRA Y BEACH, FLORIDA 33484 (407) 278-9158 MEMO ,~ ~ , TO: BOB BARCINSKI FAX: 1-407 -243-7166 FROM: LILY APPEL DATE: August 8, 1995 RE: BACKROOM BLUES FESTIVAL, SEPTEMBER 3, 1995 ADDENDUM TO LETTER DATED AUGUST 7, 1995 With regards to the attached letter requesting permission for the above captioned event, we wish to make the following corrections: BOTH ITEM'S #2 ARE CORRECTED TO READ: OUTSIDE STAGE Will BE IN USE FROM 2PM TO 10PM. ITEM #3 REGARDING OPEN CONTAINER ORDINANCE SHOULD BE CORRECTED TO READ: WAIVER OF THE OPEN CONTAINER ORDINANCE FOR THE FRONT OF THE PROPERTY ON ATLANTIC BETWEEN SWINTON AND SE 1ST AVENUE; SE 1ST AVENUE FROM ATLANTIC TO THE ALLEY; ALLEY FROM SE 1ST AVE. TO SWINTON INCLUDES REAR OF THE PROPERTY AND SWINTON TO ATLANTIC. . - 88/88/1995 15:37 4872E,51472 PINEAPPLE PRODUCTIÅ’~ PAGE 83 , PINEAPPLE PRODUCTIONS, INC. P.O. BOX 6656 DELRAY BEACH, FLORIDA 33484 (407) 278-9158 FLORIDA TALENT LICENSE #TA0000370 AUquat 7, 19'5 Mr. Rober~ Barcinaki t-~ A..iatant City Xanaqer ~ , City of Delray Be.cb 100 .... 1.~ Avenue Delray a..oh, rL 33444 Re: BACKROON BLVBS PB8TIVAL SUNDAY, SBP'1'mÅ“Ba 3, 1'95 De.r Mr. øaroinski: X am submittinq this letter on behalf of John Yurt of the Baokroom, 16 B. Atlantic Avenue, Delray Beach, Florida. I have already di8cu..8d this event with Marjorie Ferrer, Downtown Coordinator. It ia the intention Of the BACKROOK BLUSS BAR to hold a Labor Day Blue. ~e.tival on Sunday, september 3, 1995 fro. 2pm to 2am. This event will teature 10 baneS.. In acooreSanee with the City of Delray Beach Ordinanoe. we are ..king tor p.rmi.sion to operate sai4 festival as follows: 1. There will be an adai..ion charqe of $5.00, with all patrons gaining aðais8ion throuqh the front doors on Atlantic Avenue only. ~ 2. Live .uUo wi 11 be provided OD two (~) stag... Tbe iDa!lSe stage will be in u.. fro. 2pm to 2... The outside staq., looated in the alley behind the Backroom will be in u.e from 2pm to ~lpm.ID'~ 3. Th. Øaokrooa will provide portable toilets. 4. Th- Baokroom will provide City or Delray police orticers tor ..curity tor the entire leD9tb or the festival. 5. Th. Øaekroom will aSBume all r..ponsibility for obtaining an outBide .taq., all aound equipment, along with obtaining and plaoement of barricadeB. 6. Th. .aokroo. aqr..e ~o provide portable halogen liqhtinq of the out.ieSe alley, beginning at ni9h~fall. . , 83/08/19'35 15:37 4872551472 PINEAPPLE PRODUCTION PAGE 84 , -- "'2- CITY RIQUXRBMBRTSz 1. The Backroom i. r.;ueøtinq permi..ion ~o close the alley behind 16 B. Þatl.n~ic Avenue from the "center alley" to N.E. 1st Avenue. The al1.y w1ll n.ed to be closed to vehicular traffio a~ 12:00 Noon in order to do staging - i.e. placement of atac¡e and sound equiþment. T..ting ot aound equipment will be around 1:30pm. ~2. The rsaokrooll here!:»y reque.ts."a waiver of the sound ordinance tor amplified music from. 2p. to .,.. /DfJ.~. , ~ 3. The Baokrooll her.))y request. peraission tor vai ver of the open oontain.r ordinance for the length of the event. Pl.... oall either John Yurt 1243-9110 or my office as listed above if there are any further questioÐs you may have concerning this event. Thank 'you for .11 your a.sistance with this events needs. I would appreciate rin.l permit le~ter be ..nt to my office, with copi.. to John Yurt and Xarjorie 'errer. ~(J2F/ L Y C. A BL PRBS,tDIDrr PIMBAPPLB PRODUCTIO.S, INC. CCa JOJDf YURT KUJORIB 'BUD ; . [IT' OF DELRA' IEA[H DElRAY BEACH F lOR 0 " tw.e.d 100 N.W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000 AII·America City , I III,! 1993 MEMORANDUM DATE: August 11, 1995 TO: City Commission FROM: David T. Harden, City Manager SUBJECT: Request for Donation of Cit' Property to Ebenezer Wesleyan Methodist Church On May 16 the City Commission considered a request from the Ebenezer Wesleyan Methodist Church to acquire a 26 foot by 135 foot parcel owned by the City. This parcel is located between two properties which the church already owns. The City had offered to swap properties with the church in order to make the church's land contiguous and give us a buildable lot which would be used for a Habitat house. The church, however, was not interested in a land swap stating they needed all the property to meet their potential future parking needs. The City Commission then directed staff to evaluate the possibility of sale of the property to the church. Staff has determined that an appropriate value for the property would be $4,000. Our method for determining this value is outlined in the attached memorandum from the Community Improvement Director. The church has now written the City requesting that we donate this property to the church. I believe it would be inappropriate for the City to donate land to a church to be used for church purposes. Therefore, I recommend that the City Commission deny the request for donation of this property and agree to either sell the land to the church for $4,000 or swap this strip of property for an equal amount of church property adjacent to the north end of our lift station site, so we could create a buildable lot fronting on S.W. 7th Avenue. DTH/mld Attachment @ Prínted on Recycled Paper THE EFFORT ALWAYS MATTERS 9.D· . DI( , ~ Memorandum To: David Harden, City Manager From: Lula Carrigan Butler, Director, Community ImprovementlØ Date: August 10, 1995 Subject: Sale of City Property/Ebenezer Weslelyan Methodist Church This is in response to the letter received from Rev. R.L. Howard of Ebenezer , Wesleyan Methodist Church concerning the proposed acquisition of the vacant parcel owned by the City located on SW 2nd Street. We conducted a site visit to determine the number of trees and the amount of other vegetation that was on the property. This was done in response to the comment that an enormous amount of money would be needed to have the property cleared. The following is what we found: 1. One 30' high Melaleuca tree approximately 18" in diameter. 2. One 30' high Ficus Bengalens approximately 48" in diameter. 3. One small clump of Brazilian Pepper. 4. One small Martie 1 O"in diameter and 15' high. It is our opinion that the cost to remove these items would be approximately $1 ,200 to $1,500. Additionally, it should be noted that the lots purchased in the southwest under our Affordable Housing Program have averaged $1.50 per sq. f1. Considering the size of this lot, (26' x 135'), the estimated value of the property is $5,265.00. The negotiated sale price of $4,000.00 considers the cost to clear the property. LB:DQ Ebenezer. wpd . ~$/IS~ " Ebenezer Wesleyan Methodist Church 201 S.W. 6th Avenue Delray Beach, Florida 33444 (407) 272-8837 Bishop R,L. Howard Pastor JULY 21, 1995 RECEIVED JUl 2 ð 1995 ~1R . DAVID HARDEN-CITY MANAGER CITY OF DEL RAY BEACH CITY MA-:: -~r"(' OFFICE 200 N. W. 1ST AVENUE DEL RAY BEACH, FL. 33444 RE: THE EAST 26.6 FEET OF THE WEST, 161.6 FEET OF THE SOUTH . 135 FEET OF BLOCK 14, TOWN OF DEL RAY Dear Mr. Harden, On Thursday, July 20, 1995, I met with the Assistant City Attorney Mr. David Tolces to inquire if the City Commission would be willing to donate the above referenced property to the church. As per prior corres- pondence, the church will execute unity of title at the closing. At our meeting on July 20th, I pointed out to Mr. Tolces that after the church Official Board previously agreed to the purchase offer we have had several misgivings about the price and other unforseen problems that were not considered at the time we received your purchase offer. Specifically, we feel the exact width of the land is not accurate. There are also numerous large trees on the property that would require an enormous amount of money to have them excavated. After having the opportunity to express my concerns, Mr. Tolces suggested that I contact you and the City Commission to review this matter. Our church has been a part of the Delray commu~ity since 1926. It will be greatly appreciated if you would work with us in this matter. We would like to express our thanks for your support and cooperation. Please feel free to contact me at my home phone of ( 407) 272-9018. S in c ere 1 y , .// c-·' 1<y-tt;;~¿(UL Rev. R . L. Howard RLH/vs CC: MR. DAVID N. TOLCES,ESQ.-ASSISTANT CITY ATTORNEY CHURCH FILE . ~ , COM MIS S ION DOC U MEN TAT ION . C I T Y TO: DAVID T. HARDEN, CITY MANAGER THRU: D~N~~~ ~L~IN ONING FROM: ./ STEVEN E. ~ PLANNER SUBJECT: MEETING OF MAY 16, 1995 CONSIDERATION OF REQUEST BY EBENEZER WESLEYAN METHODIST CHURCH TO PURCHASE CITY OWNED LAND , ACTION REQUESTED OF THE COMMISSION: . The action requested of the City Commission is that of directing administrative staff to initiate the sale of City owned land to Ebenezer Wesleyan Church, located at 201 S.W. 6th Avenue. The subject parcel is located adjacent to vacant property that the church owns on the north side of S.W. 2nd Street, between S.W. 6th Avenue and S.W. 7th Avenue. B A C K G R 0 U N D: In May, 1994, Ebenezer Wesleyan Methodist Church inquired about the possibility of obtaining a parcel of land approximately 26' x 135' owned by the City of Delray Beach. The subject property is between 2 properties owned by the church. The church wishes to gain title to the City owned parcel which lies between its property, in order to provide additional parking for its parishioners once the church relocates to this location. In August, 1994, the City offered to give the property to the church in exchange for an equal piece of the' church I s property in order to create contiguous City and church parcels. The City would then create a single family lot that could then be donated to Habitat for Humanity. The Church later notified the City of their wishes to acquire the entire parcel rather than initiate an exchange, due to the need to provide the maximum amount of parking. In order to purchase City owned property, the City Commission must direct City staff to investigate whether the parcel is needed by the City, determine whether the City or applicant will ¡ obtain the appraisal, and determine a fair market price. Initiation of this directive is now before the Commission. . , , Ebenezer Wesleyan Methodist Church 201 S.W. 6th Avenue Delray Beach, Florida 33444 (407) 272-8837 Bishop R.L Howard Pascor May 10, 1994 City Of Oelray Beach Att: City Manager 100 N. W. 1st Sti. Oelray Beach,Fl. 33444 RE: STATUS OF HIATUS PROPERTY ADJACENT TO EBENEZER WESLEYAN METHODIST CHURCH (West 85 Feet of South 135 Feet and I~~i_ 26.6 Feet of West 161.6 Feet of South 135 Feet.Block 14 . . Dear Sir: Ebenezer Wesleyan Methodist Church is interested in determining the ownership of a 22 X 135 Hiatus property between two parcels owned by Ebenezer Wesleyan Methodist Church. (SEE ENCLOSED SURVEY) Ebenezer Wesleyan Methodist Church would like to know if the property is an alley-way, public utility easement, or a private easement that should be owned by Ebenezer Wesleyan Methodist Church. If the property is owned by Ebenezer, we would like to join the property to the existing parcels in a Unity Of Title. If the property is owned by the City Of Delray Beach, Ebenezer Wesleyan Methodist Church would like to acquire the property from the city in order to have a "Unified" parcel. . Please investigate this matter and inform us of the status of the aforementioned property. If there are any questions regarding this request, please do not hesi- tate to contact Rev. Robert L. Howard at (407) 272-9018. Thanking you in advance for your time and effort on this matter. SinCerelY~ . #( . ~ ~ '. 't {? L ::';C<.... L l "-- Rev. R. L. Howard,pastor RLH/tm CC: City Attorney Planning and Zoning Director Encl. . , , . ~. ~ ~ ~! I ' .. ~ "' ' ~JJ" o I . .;41. . o ,.. ~ ~~ : .0 : ., . ::~i!' . ~~~ . ~o ~:!~~ 'J!:;¡ " .-~ ~!.. J ~ ..ê-¡ " ~,,; ilio: :--l:~ r!!; ~~rh' I.;; ~;¡ i... I . .... i! ~. lS ""0· ..,... d _ a~ :::~ Ò ~~:¡:~~ :u,; :.c i · ::I t ,1..::: afte1: :r.Hi ra:'~ 1:1: ,J } ~ " 31 'a~1 ;ð.~ '~ð"J -BpS .¡. /! ~ .." ì &..:11 ~.. iI' ~ ,...:~:... :........ I..j ,Y. .. þ. 21 to _ao!.a ~_~.L "'øÒ ¡I'. :y' ,. :.:fii ~_-;.'X ~~.¡'a~ C-o':; .!iJ ::: I ';~nc ðd'!~ .f:l,S ä1 '. :.!, I- - r:·. .'Jrsl' d"~ a~.~ I!l; - , - -a 'ð" .-. . -e!~ . °8' ·1" , :: ! :~I~'i :-: ~:~ 8F.I ~~'H L!¡ . _ . -. .' . i . J , - .1 ~ :b :J ::;:5~2 ur.·· ::õ:- .1!. · ~ -.:·.ò f-:;oÅ  .-:: .' e~ ;¡¡~ I ~ :, ~ I -:-r ,; I ··i.·, i :r-~!§' i :::~.. ','" IIi" I ~. ~........-. ., ~~ 0:' ~.. _.ca", ... ..-9__ -I: . _ ,- I,'j:! /:1.. 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'J '\ '" ~'1:' ~~-, ~".,_... . , *~~., '/',)<,... h \t""h~':'-'" , , ~ ~\j . '"ei\'" Þ:i' "¡;'.~,""- '. ""9.'£'/ ' . C '. , !.~ ~ ,--,,,.'-, v" .~ .. ... "" ~" , . " lu . , ,I "'. ~'\) ; ...~..:..... J. ('?::- ',q'\(":: i~.. ~ c !.R~ ... :J "&-~ ~, ~: ~ ~~ ~ ~. ~ i Cf); ~ ~~ ~ \(\ I ,"( '. . . ~ ~ .,'~' U q;:f -~-':-:" I ~ " 1- ~; ,q '. L· ~ l ~; ~ ~ U- \ù . t? '5£/ '. ; : ~ ;~;7 cQ:: ..'- ~ p . t O::A .. Ii' ~. L'r -.., ~ §'Ii'; f~'~ ..c.... J L. :! ~ :ªI~ \0 -PI /I:J07£1,,»-\.- ~ _ _.,,- ~ ;; ~ _ ¡; ~;: r- I }, \..::.: ,<7$'> ~ r ::;~ :§i~ -- L..J.. ,~. ~ ~ =;~ ~ ~I:S -0 ..JV)' \f\ ¡ ..: : (-'J § :~= : 1 ~ I ~ . r I.. ·..;/...·;1· ··~ï 1 .3 . 'I '-...: 1 / -. ..' ., '~/J¡Ý;Ar,L )'Jf $ ~ I::(). . . . . [IT' OF DELRA' IEA[H DElRAY BEACH f I 0 II 0 A tw.e.d 100 N,W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000 AII·America City , III I! 1993 MEMORANDUM DATE: August 11, 1995 TO: City Commission FROM: David T. Harden, City Manager SUBJECT: Retirement Benefit Enhancement for Retirees from the Police and Fire Pension Plan Last year I received a request from retired employees drawing retirement benefits from the Police and Fire Pension Plan, that the retirement benefit enhancement which was effective on January 1, 1994 for active employees be extended to retirees. I met with these employees and advised them that although, in my opinion, the City had met all its legal obligations to them and I disagreed with their argument that they had a claim against the City under the extra benefits issue. I also told them I would not oppose extending this benefit to retirees if the cost to the City was not great. Correspondence on this subject is attached. Our actuaries have advised that the cost of granting the benefit requested by the retirees would be $155,101 per year. While the City Commission may wish to periodically review pension benefits being received by retirees and grant ad hoc increases to those benefits, the cost of approving the automatic annual increase which has been approved for current employees is, in my opinion, much too great for us to undertake. Therefore, I recommend that the retirees request be denied. DTH/mld Attachment THE EFFOFìT ALWAYS MATTERS CjE @ Printed on Recycled' Pavsr . ' ~;...:...;...,.._.,..-. ~.. ~~!!"''' I , ~3. Retirement Benefit Enhancement - The City, IAFF and",: PBA agree that effective January 1, 1994, the police/firefighter pension plan will be amended to provide an ~ annual increase in benefits for eligible retirees of between , one percent and four percent, payable on October 1, based on the amount of insurance premium tax revenues received by the City for the preceding plan year pursuant to Chapter 175 and 185, Florida Statutes. "Eligible retirees" are those who *- retire after 9/30/93 whose date of hire as a City police -- .... officer/firefighter is 25 or more years prior to the benefit - - " enhancement date. A minimum benefit increase of one percent per year will be provided, regardless of the amount of premium tax revenues received. To the extent annual premium tax revenues exceed the current amount ($504,922), the annual one percent minimum adjustment will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of the excess premium tax revenues is . sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase will not exceed four percent, regardless of the amount of premi um . tax revenues received. The annual benefit increase provided under this paragraph shall be compounded annually (i.e. , the increase shall be based on the benefit received by plan members at the end of the preceding plan year). 4. Disability Benefits -- The current assumption for disability retirements is that five plan members would retire with disabilities during the ten year period ending October 1, 3 . 1.-, , .-' ~ It¡ )- _/ KRUSE, O'CONNOR AND LING ING. .nr:¡T I.AU~E::ROALE:: O"""'I<':',F.' Wl!:5T eROWAnp PROF"ESSION..A.L ~UIL..DING ?~~O rt.RIF""nN R("")AD, ~I TF" ~~n t'-ORT LAUDERDALE, FLORf[}A 3:::33'''' ·~fIt.f~~.&Jlt.á (¥.ltd ..qt;.tna-N#¿' 1" I': L, (30b) 71'1" ~eee ~U. (~OS) '7QI·S20e NORTH /C!':NTAA.L I"LORIDÞ. O~""CI!': 101 80uî...tAS'" St:COND PLACE, SUIT~ 201 Q"' NESYILL~, "LO~IC>^ 3t!OO' HI., (êO<l) :t,e·3eOO "Ax (p".oI) 33e' !\13 II EPL.Y TO ,.OItT LAUOI:AOALII: '.j ~ May 19,1995 ~ Mr. Robert Brown, Chairman . Delray Beach Police & Flrefìghterg Pension Board 300 W. Atlantis Avenue Del ray Beach, Florìda 33444 Dear Bob: You have asked us to determine the impact of extending the 1 % automatic COLA provision to those who teti red before October I, 1993. As you know those retiring after September 301 1993 are already covered by this benefit. If they are covered by the 1 % COLA, the actuarial present value of benefits for the pre-1 0/1/93 retirees would increase by $957,276 from $10,678,863 to $11,636,139. If this increase ¡n the value of benefits is amortized over 15 years, the increase In the required City contribution would be $155.101 per year. Please contact us if there are any questions or if you wish to discuss this matter further. Sincerely yours, u fJ ~ < E- J -r (.' '(' . ..;. '/1 .'"- -,. \' " " '.'1.',,(...' - ..,.. n .' , . , J, Stephell Palmquist I,. JSP/or . . [IT' OF DELRA' IEA[H DElRA Y BEACH f l 0 . D " tw.e.d 100 N,W, 1st AVENUE· DELRAY BEACH. FLORIDA 33444· 407/243-7000 AlI·America City , IlIlLanuary 5, 1995 1993 Mr. Robert Brown, II, Chairman Police and Firefighters Pension Board 100 N. W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Brown: In response to your earlier letter and follow-up contacts from representatives of our retired police officers and fire fighters, I did meet with the Committee of Retirees last month. As you are aware, the committee is requesting that the City amend the pension plan so that the retirement benefit enhancement described in paragraph three of the agreement between the City, your board, the IAFF, and the PBA, which was effective January 1, 1994, would also apply to retirees. Paragraph three presently limits the retirement benefit enhancement to those who retire after September 30, 1993, whose date of hire is 25 years or more prior to the benefit enhancement date. As I understand the request, they would like the words "who retire after 9/30/93" deleted. In order to allow this request to be fully evaluated by your board and City staff, and for the City Commission to seriously consider the request, we need to have an actuarial evaluation done. Therefore, I am requesting that the Police and Firefighters Pension Board direct your actuaries to determine for us the actuarial impact of the requested change. Your assistance and cooperation in addressing this issue is greatly appreciated. S.i,ncerely, i. ,,e. - --.-'--. ------ DAVID T. HARDEN City Manager DTH:mld c: Members of the Board of Trustees Alex Semosh o P,'lnte-d 0(1 ql)CYC!B<' '-~-3;)'::Jf l~HE E¡-:¡::fJriT ¡:1.,LV\1 L. ; L '~~,,_, . ...... . , REMEMBER The Committee for REtiree MEMBERs of the City of Delray Beach Police and Fire Pension System " AI Seamosh, Ehainnan !~ (0, c,>/ 1 '1 o~ It- '~,~ :~ :5 <lL/-; ,/ December 28, 1994 Mr. David Harden, City Manager City of Delray Beach, Florida Dear Sir; REMEMBER has found it necessary to write about a matter of importance to ourselves and the Police and Fire Pension Plan. The majority of our members are eligible for, or hold membership in, AARP. We feel that we are being unjustly treated or ignored. REMEMBER approached the Pension Board in May of 94 with our concerns and were directed to contact the Office of the City Manager to present our proposal and concerns. The concerns are to work toward and obtain an amendment to the Police and Fire Pension Plan that would insure fair and equitable benefits to all retired and to be retired members. It may be that there are more important matters at hand. We REMEMBER members have many city work years of experience and know how that is. We know that there will always be important matters surfacing and the group or situation that doesn't superimpose upon the scene is left to languish and becomes forgotten. This letter is a request to get the ball rolling and obtain a fair and equitable result to our concerns. As each of you know the city settled pension difficulties with the active members of the Police and Fire Unions regarding the disposition of State insurance money received in prior years and funds to be rec~ived in future years. The settlement was increased benefits, cost of living adjustments and pension windows for active members of the plan. (Active members are those that still contribute. Retired members are not considered members of the plan because they draw from it.). What was not addressed was what the plan would do for retired employees. Whether we were overlooked or ignored is not at issue here at this time. The issue is if a wrong should be put right. Each retired person prior to retirement was under the impression that they were to benefit, in some fonn rrom the state rebate insurance (FS 175-185) Retire3.doc . , , money that was eannarked to increase pension benefits. We trusted the City to uphold that position. When the City settled with the Unions admitting, or not, any wrong doing, the settlement failed to consider retired member benefits. We were left out in the cold. Weare not asking for much. Weare asking for fair, equitable treatment. We would like to be treated as all other members of the retirement plan, as first class members. Instead we are treated as non-entities. Please institute the appropriate pension amendment(s) making everything equal. Recognizing us as ex-employees who perfonned a need function and dedicated a major portion of our lives and health to the City through hard times and good times. A major problem is the cutoff for benefits between retired and active members. We beseech you to see it in your heart to help us. As the years move on retirement becomes more and more difficult. Thank you all in advance for your consideration to this matter. REMEMBER wish you and your family a Happy Holiday Season and a bountiful New Year. / ~l REMEMBER Committee al'~{.iY~ C 1 Mr. AI Semosh, Chainnan Mr. Bob Horn, Vice-Chainnan Mr. Lorenzo Brooks, Member Mr. Frank Henriques, Member Mr. Fred Zieglar, Member Mr. James Twitty, Member Mr. Robert Schiller, deceased REMEMBERlth Retire3.doc "' " t'PÎ Board of Trustees I \ CITYÆJF DELRA Y BEACH POLICE AND FIREFIGHTERS RETIREMENT SYSTEM 100 N. W. 1st Avenue Delray Beach, Florida 33444 MEMORANDUM '.i TO: DAVID HARDEN, CITY MANAGER ~ ( '-;-' FROM: ROBERT BROWN, II - CHAIRMAN·~U~--.--'___ ./ ( 't (., " DATE: APRIL 15, 1994 . SUBJECT: RETIREES - POLICE & FIREFIGHTERS RETIREMENT SYSTEM At the last meeting of the Police and Firefighters Pension Board, held March 23, 1994, a committee of retirees addressed the Board regarding the settlement negotiated recently concerning the 175-185 Premium Tax monies. The committee pointed out to the Board that the settlement specifically excluded plan members who had retired prior to October 1, 1993. The committee asked the Board to reconnnend to the City administration that the settlement include all plan members regardless of when they retired. Mr. Stephen Cypen, Board Counsel, advised those present that the Pension Board functions in an administrative capacity, and does not negotiate for any member or group of members. However, it is within the Board's authority to recommend that the City administration meet with representatives of the retirees to discuss this issue. A motion to make such a recommendation was made and passed. Therefore, the Board is requesting that you contact the two representatives listed below and arrange to meet with them so that their concerns may be discussed and hopefully resolved. Frank Henriques - 9167 Chainti Court, Boynton Beach 33437 Alex Semosh - P.O. Box 1903, Delray Beach 33447 ~ Your assistance in this matter is deeply appreciated. . :acw cc: Members of the Board of Trustees Frank Henriques Alex Semosh . 1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~J - MEETING OF AUGUST 15, 1995 AWARD OF BIDS AND CONTRACTS DATE: AUGUST 11, 1995 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Bid award to Motorola Communication & Electronics, Inc. in the amount of $30,773 (via Palm Beach County School Board Contract) for Phase I of the Two-Way Radio System Upgrade project; with funding from 441-5161-536-64.90 and 334-6112- 519-64.90. 2. Purchase award to Concept One Police Supply, Inc. in the total amount of $22,000 for seven in-car video systems (PAVE, One System) and one integrated radar unit installed; with funding from 001-2117-521-64.90. 3. Bid award to RPM General Contracting, Inc. in the total amount of $473,978.00 for construction and modifications to Fire Stations #3 and #4. The cost for Fire Station #3 is $291,010 and Fire Station #4 is $189,468, for a total of $480,478, less a credit of $6,500 for awarding both stations; with funding from 228-2311-522-61.59 for Station #3 and 228-2311-522-61.60 for Station #4, through budget transfer. 4. Grant awards for the rehabilitation of three single family housing units under the CDBG housing rehabilitation program, to be awarded as follows: $18,428 for rehabilitation at 113 S.W. 11th Avenue to First Choice Corporation, $18,742 for 520 S.W. 14th Avenue to Henry Haywood, and $20,000 for 221 S.W. 15th Avenue to Henry Haywood. Grant award amounts include base bid plus 5% contingency. Funding is available from 118-1963-554-49.19. . . . Agenda Item No. AGENDA REQUEST Date: 7/27/95 Request to be placed on: xx.. Regular Agenda _ Special Agenda _ Workshop Agenda When: 8/15/95 Description of item (who, what, where, how much): Staff requests Commission approval of the award of bid to Motorola in the amount of $30,773, via Palm Beach County School Board Contract #SB95C-117V for Phase I of the City's Two Way Radio System Upgrade project; with funding from Water & Sewer Fund - Capital Outlay/Other Machinery-Equipment (441-5161-636-64.90ÆSD-$10,770) and General Construction Fund - Other Machinery-Equipment (334-6112-19-64.90/$19,963). ORDINANCE/RESOLUTION REQUIRED: YESINO DRAFT A TT ACHED YESINO Recommendation: Award of bid to Motorola in the amount of $30,773; with funding as indicated. DEPARTMENT HEAD SIGNATURE: r;øJtflL..,,~? )77';" <; Determination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available ~INO Funding altemativ~ ÍÀ__ . . 1'- _. _ . ~ ç/1~ ~' AccoW1t No, & D~9fÍption . \.;Iì tIJ;!7 . h. (¡{A;LL 0 <Yfl ccount Balance L-~. C/J . , -51 I-S~{P 0 W S rJQLÒ '~oW-øvLhftup City Manager Review: Approved for agenda: E 0 m1 sf:?3 ::3 10. Hold Until: I Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved , , . · RECEIVED MEMORANDUM JUl 2 ð 1995 TO: David T. Harden, City Manager CITY MM~' ~~~'<:' nFFICE FROM: William H. Greenwood, Environmental Services Director ~/ø SUBJECT: A WARD OF BID - PHASE I TWO W A Y RADIO SYSTEM UPGRADE DATE: July 27, 1995 On February 2,1995, I wrote you a memo, a copy of which is attached, explaining the problems associated with our current two way radio system and what equipment would be necessary to abate those problems. At that time, we proposed to upgrade the system using the a two phase approach. Phase I , at an estimated cost of $26,000, provided for the: · Purchase and installation of an antenna on the west side of the Elevated Storage Tank · Purchase and installation of a new 125 watt base station. · Acquisition of a second radio frequency. Phase II, at an estimated cost of $35,533, provided for: · Purchase and installation of a second base station. · Retrofitting of existing radios with private line capability. · Replacement of older radios. We are currently in receipt of the bid from Motorola in the amount of $30,733 for Phase L This bid is based upon pricing in the Palm Beach County School Board's Contract (#SB95C-117V). The Purchasing Department reviewed the bid and compared the equipment with other bids currently open. Two of the bids (Broward County and Fort Lauderdale) are for a Trunked Communication System. Palm Beach County's contract is the only one available which meets our specifications for a VHF system. I am requesting that you place this item on the August 15, 1995 regular Commission Meeting for consideration of award of bid to Motorola in the amount of $30,733, via Palm Beach County School Board Contract (#SB95C-117V), with funding from Water & Sewer Fund - Capital Outlay/Other Machinery~Equipment (441-5161-636-64.90/$10,770) and General Construction Fund - Other Machinery-Equipment (334-6112-19-64.90/$19,963). WHG:c1 Attachments . . To: Mr. W. Greenwood, Director Delray Beach Environmental Services From: Tom Vannah Date: 3 6 94 Updated: 7 10 95 I have broken out your equipment list for the Public Works transmite site. I am sure you are looking forward to increased range and utilizing your PL code. The equipment that follows is based on the Palm Beach County School Board Contract # SB 95C-117V . Prices are valid for 30 days. Terms are Net 30 days. Phone lines, permits, electrical service and licenses are not included. All the mobiles and portables will need to have PL code. Equipment Contract # 1 MS F5000 1 00 watt Base with PL capacity 6645.00 #11 1 C28 Battery revert 624.00 #11 1 RRX4019A Surge suppressor 120.00 #19 1 225 ft of LDF foam cable, connectors, jumpers, and 6db heavy duty antenna 1998.00 #18 9 L 1475 Tone desk sets with PTT 10 capability 11655.00 #7 1 T5600 Tone console 1810.00 #7 1 Junction box 241.00 #19 Equipment total 23093.00 . , Pg. 2 Delray Beach Install, programming and tower work Install of VHF antenna on water tower-west side. Provide clamps for installation Attach cable to water tower with wire wraps. Install nine tone desk sets with capacity for PTT ID Mount and program one T5600 console Total installation 7680.00. Combined total 30773.00. . ~ Pl)..¿~. ,'. . -' I, J . r ~... ~ ~ " ,.. ~- :;" ",,".. ~ f \ ~"- .......? MEMORANDUM TO: WILLIAM GREENWOOD, ENVIRONMENTAl SERVICES DIRECTOR FROM: JANICE SLAZYK, BUYERC? SUBJECT: UPGRADE OF CITY'S nvo WAY RADIO SYSTEM DATE: JUL Y 20,1995 I have reviewed the proposal of the Upgrade of the Two Way Radio System for the City of De/ray Beach. I believe the Palm Beach County School Board Contract IilJould be the best price for the system lille are looking at for Phase I &: Phase II. There are other bids out there, but they do not meet our specifications, I have attached copies of the bids for Broward County and FL Lauderdale for your revielilJ. These bids are for Trunked Communication Systems, Our equipment is aD VHF, !ilJhich the Palm Beach County Contract wiD better fulfiD the City's needs. Attached is a copy of the Palm Beach County Contract #SB95C-117V. If you should have additional questions or need addtional information, please caD me at x7161. E ~ L :: .; .:.- 0 '¡I) $ I D I 7 ì {J r,w, ~ ILl,!... 1.. L( '376 C ,I. 2D.O'/.:> ;. ISS P,R . 3D, e ~D t!1.J7%' It' r. CJ -;.<> :; $ 3 ð. 7 7 '3 ,11·U\\j I'<V, '-''-' ___ - SPECIFICA TIONSlBtD SUMMARY SHEE (fHIS PAGE IS TO BE REPRODUCED AND COMPLETED AS NEEDED FOR EACH MANU- / FACTURER'S PRODUCT UNE AND/OR CATALOG BID.) 8idd~r's Name and Address: Motorola C & E, Inc. 5580 N. W. 36th Avenue, Suite A , Ft. Lauderdale, Fl. 33309 Area Code and Telephone Number ~ 733-8550 You are: Mfg. X Distributor Dealer (Check One) - - Manufacturer of Product Being Bid: ,Motorola Sales/Service Representative Name: - Delivery: (Days From Date of Receipt 5 days to 60 days of Purchase Order) Terms: Net 30 days Discounts Based on Single Fixed Discount Including Balance of Line - 1. ' Portable Radios, includes PL Code, HTI000 VHF 1 to 5 watts and two channels MT2000 18 % 2. Portable Radios, includes PL Code, HTIOOO UHF 1 to 5 watts, minimum two channels MT2000 18 % 3. Portable Radios, includes PL Code, HTIOOO 800 MHZ 1 to 3 watts, minimum of two MT2000 10 % channels. Shall include minimum of 25 channel scan and priority feature. 4. Mobile radios all be available with PL feature, Spectra VHF - 1 to 100 watts, two ch~nnel minimum Maxtrac 18 % with trunk and dash mount capability. 5. Mobile radios all be available with PL feature. Spectra UHF - 1 to 100 watts, two channel minimum Maxtrac 18 % with trunk and dash mount capability 6. Mobile radios all be available with PL feature. S 800 MHZ 1 to max. watts. two channel mini- M:~~~~ 18 " % mum. Shall include scan and priority fea- "- -. tures and trunk and dash mount capability. -8- I CIOO Command Series 10 % Remote desk-top stations with transmit indicators T5600 . . " " 8. Control Stations: shall be multi frequency Spectra ...;ì with PL feature available. Output 1 to max Maxtrac :/ wattage and remote capability, VHF 1 to Deskt"t'ac max watts 18 % ;I 9. Control Stations: shall be multi frequency Spectra . with PL feature available. Output 1 to max Maxtrac . wattage and remote capability, UHF 1 to max Desktrac watts 18 % 10. Control Stations: shall be multi frequency Spectra with PL feature available. Output 1 to max Maxtrac 18 % wattage and remote capability, 800 MHZ 1 to Deskt"t'ac max watts 11. Repeaters: 1 to maximum of 125 watts and shal~ include PL feature and multiplex operation, . , VHF - output 1 to maximum watts Quantar 10 % Quantro 12. Repeaters: 1 to maximum of 125 watts and shall include PL feature and multiplex operation, Quantar UHF - output 1 to maximum watts Quantro 10 % 13. Repeaters: 1 to maximum of 125 watts and shall include PL feature and multiplex operation, Quantar 800 MHZ output 1 to maximum watts Quantro 10 % 14. Crossband Repeater.. VHF to 800 MHZ No Bid (No Pro~ct) 15. Crossband Repeater. UHF to 800 MHZ No ~;rl (~n ~rnW~ct) 16. Batteries IS % 17. Chargers IS % 18. Antennae 9 % , 19. Accessories IS % BIDDER IS REQUESTED TO BID ALL THREE COMMODITIES ABOVE. IF POSSIBLE. Manufacturer's Unaltered Price Ust as Originally Published in General Oistri- ~YES NO bution and in Effect on Date of Bid Open- - ing Attached. '. ". -9- . . ~ ( MEMORANDUM , ( TO: David T. Harden, City Manager FROM: William H. Greenwood, Environmental Services Director SUBJECT: PROPOSED RADIO COMMUNICATION SYSTEM UPGRADE DATE: February 2, 1995 The existing City radio communication system used by Environmental Services ( ESD) , Public Works ( PW) , Community Improvement (CI) and Parks and Recreation (PR) is marginally effective as supported by the following: 0 Radio system has never been coordinated by one person. It has evolved by each department. 0 No central base station exists. Reference to base stations are actually desk top mobile radios with outputs of 25 watts. A true base station is 125 watts. 0 Antennae have been haphazardly placed for convenience, not maximum range and are low to the ground. 0 Older City radios are only 25 watt and until recently new radios purchased were 25 watt. New radio .purchases should be at least 45 watt which is permitted by our existing FCC radio license. 0 Existing City frequency has 149 radios; with two frequencies, as proposed, we will have aþproximately 75 radios per each frequency. These deficiencies can be eliminated in a two phase program as follows: FY 94/95 - PHASE I . 0 Purchase and install an antenna on the west side of the Elevated Storage Tank. This will increase operating range of the new base station and reduce, if not completely eliminate, dead spots. 0 Purchase and install a new base station with 125 watt output. This equipment will be capable of continuous duty operation. . . 0 On January 6, 1995, we sent a check for $260, th~ application fee to apply for a new frequency. This second frequency will reduce the interference by operators and dramatically improve communication capability during emergencies. 0 The total cost to implement this proposal during the current fiscal year and drastically improve radio performance is approximately $26,000. Proposed allocation of costs (prorated) by department is as follows: ESD $ 9,100 PW 3,700 CI 5,200 PR 8,000 Total $26,000 . ' ~ ( ( FY 95-96 PHASE II 0 Purchase and install a second base station, with second radio frequency. Assign on frequency to ESD and PW and the second frequency to CI and PRo 0 Retrofit existing radios with *private line capability and second frequency capability. 0 Replace older radios that cannot be retrofitted with the above capabilities. (*Note: Private line tone coding will eliminate interferences from Hialeah Police Department and reduce atmospheric interferences.) An additional feature, push-to-talk identification capabilities (i.e. caller I.D. ) will enable us to identify specific radios being misused, such as music playing, keyed microphone, etc. The radio identification will show up on each departments proposed desk top tone console. This capability would not be available on the older portable radios; however, we are not recommending replacement of these units at this time. We are recommending that as these units are replaced the capability be included on the new units. Proposed allocation of costs (prorated) by department is as follows: ESD $18,500 PW 5,400 CI 1,483 PR 10,150 Total $35,533 . '. \ -2- . ' ., . ( ( Radio Communication Upgrade Intent of the upgrade: 1. Increase range of base stations. 2. Eliminate dead spots. 3. Eliminate interference caused by Hialeah Police Department and atmospheric interference. 4. Reduce incidents of operators interfering with one another. Steps to be taken: 1. Install antenna on West handrail of Elevated Water Storage Tank. This will increase operating range of the new Base Station and reduce, if not completely eliminate, dead spots. 2. a. Retrofit existing radios with Private Line capability. b. Replace older radios that cannot be retrofitted with private line capability. This will totally eliminate interference from Hialeah Police Department and reduce atmospheric interference. 3. Acquire additional VHF radio frequency. -- - a. Retrofit existing rzldios with second frequency. b. Replace older radios that cannot operate with two frequencies. c, Divide various departments between the two frequencies. this will reduce the number of operators on each frequency, thereby reducing the incidents of our operators interfering with one another. -- _._._------------._-------_.._---------~---- -- --. ---------..------ ---- - .. , Goals Page 1 . , ( ( , Status of project: " .I'. 1. Get check to Tom Vannah to accompany application for frequency. (Check has been requested) '. Check sent to Tom Vannah on January 6,1995. - 2. Torn Vannah to submit request for second frequency upon receipt of check. Request submitted during January, 1995 . .-----.--.. - -_.._-~-- .....-......--.. .-.".. _ _hm___~.__..___..__..,__ ..__._...______._____._..__."_.__. _____...._ 3. Joe Lontos make block diagram of fixed system, showing antenna, Base Station and remotes. Two drawings created. 4~ Receive costing list from Motorola for new radio acquisition and existing radio modification. Price of Visar portables and Maxtrac Mobiles received on October 17,1994 Partial Costing (Radio Modifications) received on December 12, 1994. Cost for Antenna and New Base station received on December 21, 1994 Awaiting modification costs for Mltrek, Micor and Mostar models, and cost of 2nd Frequency Base Station. 5. Joe Lontos make breakdown of costing by department. Costing list made with what information is available. 6. Tom Vannah to coordinate with Jim Randall (Cellular One) on Non-Interference accord. Joe Lontos to coordinate with Jim Randall. .- - ~ Schedule Page 2 . , ( --_.~ --------------,_. - -.----.- - .-- ( ---"",,"- . -.- -- Costing Factors Replacement: Mobile Radio Maxtrac: $608.00 Installation t S95.00 Portable Radio Visar: $880.00 Converticom wIHT1000 $1,660.00 2nd Freq PTT Retrofit: &PL ID HT600, P10 (Portables) 5310.00 Not Capable Maxtrac 100 & 300 S190.ooAwaiting Price Radius 200 (Portables) $2~~ Not Capable HT1000 (Portable) , 5190. Awaiting Price Mocom 30, 70:HT90; Maxar80: $800.00 Not Capable - Antenna ändSingle-SaseSfatlo,'-, Includes:' --'--'-~-----"-" --.-..--.... --- ---'---"-'--'--.- -.- - .-- ...--.., .'.--.---. ----_. -.---..--.-..--- -.---------.----.. High gain antenna installed on west hand rail of Elevated Storage Tank, 200 feet special low loss cable to base station at foot of tower. VHF MSF5000 Base Station wI continous duty operation, PL Tone Coding, Tone Control, and PTT ID capacity. Four new tone consoles connected by phone line to base station. Consoles will have capability of PTT 10 Total Cost: $26,000.00 ~ ,-- - Costing Data Page 3 . , . . ( ( Frequency No. 1 Frequency No.2 Existing Radio System Environmental Public Community Parks & Services Works Improvement Recreation Total Number of Remotes: 5 1 1 2 Total Number of Portables: 14 5 4 18 Total Number of Mobiles: 38 18 24 25 '(~centage of Radios: 36% 16% 19% 29% , Establish New Antenna on Water Tower With single frequency base station. Includes one new Remote Unit for each Department: Total Cost: $26,000.00 Departmental Pro-rated Cost: " Environmental Services: $9,260 Public Works: $4,000 Community Improvement: $4,986 Parks & Recreation: 57,658 Establish Second Frequency Base station and Private line capability. Mobile Mobile Mobile Portable All Department Replacement Modification Total Replacement Total Environmental Servic:e:s: $8,512.00 $9,980.00 $18,492.00 $0.00 $18,492.00 Public Works: $2,109.00 $3,290.00 $5,399.00 $0.00 $5,399.00 Community Improvement: $703.00 $780.00 $1,483.00 $880.00 $2,363.00 Parks & Recreation: $7,030.00 $3,120.00 $10,150.00 $9,680.00 $19,830.00 Total $35,524.00 $46,084.00 Departmental Summary Page 4 . ' '" . ( ( CITY OF DELRA YBEACH Environmental Services Department 1/29/96 \ , .. /~tenna lead-In 1 - -'....... /" "'~/ --- Remote Control line Antenna -------.- ES Administration Power Une to Base BuildinQ Structure housing Base Station Station Structure - ~~ I Remote Control LIne l Antenna -~ .-.---- Remote Console Power Une to Enclosed Base Station Administration Building Base Station Base Installation Page 5 . ' . ( . ( CITY OF DELRAY BEACH Environmental Services Department 1129195 \ ¥ r -.=.. '; ¡';:'::.::'. '.::::.::'.:,::.::.:',:' ,:'..:::.:'::.::".:':::':~:~ ;,~:~~~:~:':,~'::~:~:::~'~~.::::':.:::'.:::'.:::.:'..:::::::.:'..'..::'.::':,::.:.::.:,:.,:..::.::.::::,:.'::......:'" '......; NAt:nIIa ~ ¡¡¡¡¡ -L ¡, &Þr_ :: ::: flMaonI U81_ ~- ...- :::. "! ~ L~ '". . ESAMlIItItOg . ..:,............".................. ; :: ......................-.....................-. ............... ... .... .... .... .... .- '. il·..r,~··· ......... .....~ I Parks & Rec - _løId.. C'.ây Hall ..,......... RemoIo LiIIOS ROlllOlo Inslalllllion Diagrum Pøgo6 . . . ( Inventory of existing Radio Equipment. Antenna Base Station Remote Mobile Portable City Totals 4 4 8 99 38 -- ElJvtronmental Services Department 3 3 3 33 10 Administration Building Water Treatment Plant 1 1 3 3 Engineering Utility Maintenance 2 2 13 5 Wastewater Collection 1 6 2 Water Distribution 1 7 Utility Billing Office 1 Meter Readers 4 ---.. ____. ~~ "__"4_ _._4_'__~'___"_·_·'· "." _~. -_._----,- .- ---- -'"_."--'-~----- ------.-.,---.-- .'---- .+ _.__._-----_.----_.._-~ - ._~------_.---- Public Works Department 0 0 3 16 5 Public Works Office 1 4 - Streets 11 .. ----- . - Facilities Maintenance--- 3 Fleet Maintenance 2 2 1 --'-'--' . Community Improvement 0 0 1 23 4 Community Development 1 1 Building Inspectors 11 Animal Control 1 1 Code Enforcement Office 1 Code Enforcement Officers 10 2 ~; , , Parks & Recreation 1 1 1 27 19 n_......_ " r"\.. ___ _a.:.... ^~___ .. .. .. "... .. ....arKs 6 t<ecreatlon umces I I ' ¿I ' Beach Patrol 18 Parks & Recreation Vehicles " ~ .. .- .- .. .- ~. .--'--- ._. .._.--. -,-.-.--.---. . Existing Equipment Page7 . . , .- Agenda Item No.: AGENDA REQUEST Date: July 31, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: August 15, 1995 Description of agenda item (who, what, where, how much): AD in-rrlr video system from Concept One Police Supply - PAul!:, One ~¥c::t-pm qIJ;:¡ntit.y Reven (7) and one (1) intearated ---..r;:¡d;:¡r nnit lnstalled for a total cost of $22,000.UU. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend purchase from Concept One pOllce ~Upp.ly dt a total cost of $22,000.00. in 001 2117 521 64 Department Head Signature: Determination of Consistency , City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO d1" Funding alternatives. ~-(ì~ ft¡ . ,Account No. & Descr1.YlJJ: tul-1-tl7-S¿.~ '.J ~:J. Account Balance: 2:- ) / City Manager a€view: Approved for agenda: ~/ NO tJ?v1 Hold Until: Agenda Coordinator Review: . Received: Action: Approved/Disapproved . , pE,LRfY, B~A~~ Delray Beaeh Poliee Department tIaI:II rrrre 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 (407) 243-7888 Fax (407) 243-7816 1993 MEMORANDUM TO: David T. Harden, City Manager FROM: David Junghans, Administrative Offic TIIRU: Joseph Safford, F~. THRU: Janice SIazyk, Buyer (ðJ DATE: July 26, 1995 SUBJECT: IN-CAR VIDEO SYSTEM The Department would like to purchase an in-car video system from Concept One Police Supply. The system is the P A VB, One System. Concept One Police Supply will sell the City seven (7) systems and one (1) integrated radar installed at our location for $22,000.00. City Purchasing has been working with the Town of Palm Beach to secure an in-car video through the County CO-OP. The Town of Palm Beach had bid the requirement and was in the process of going to their City Council for approval. However, it was determined the recommended system did not meet the required specifications. The bid was pulled and we are not able to piggy-back on their bid. The bid information the Town of Palm Beach received would only allow us to purchase four (4) in-car video systems based on the $22,000.00 of budgeted money. 1. Alpha Control, 4 units, $18,740.00 2. Custom Signal, 4 units, $21,960.00 The cost of the system offered by Concept One will allow the City to purchase seven (7) systems and one (1) integrated radar unit for $22,000.00. The Department has viewed the system in operation at the Key Biscayne Police Department. The system meets or exceeds our requirements. Should you have any questions, please contact me at x7852. DJ/ppt o Jcl . ~~~-~~-~~ ~~u ~~:~4 AM GUN~~PI ONE POLICE SUPPl_ 305 5327010 P.61 I---------'-'''-'-'~'-''--._:_--~--_:_~-.''-''-'-,..a,.-'.,~, I . .CON~~~:raÅ“Påf I~¢~1!J>i>¡,y ,INC. 1928 PURDY l1V8NUlf:,'if' .MIl!11I,<i3E,JlÇH~', FL 33139 , .TEL, (305153Z;"fN3'2* FAt,' (305}532~5971 L-- ,._:,~,.-.:;:........ ' " ~- QUOTATION ..--.---- 1VJj~~ £Ji~- ..;; INQUIRY No.~!d'!!_ A __._._~.._ A vt7J : þ.. ~/) G;.J.-IHJ..s: . " " ,,' '," ': IJA 'I'E _~ ?~ :L , - tf .r:___________--___ ell ~ ~(Jo¡Vt:r'tj!.l0..J].( ., \ TERNS NO-aD .____._,._ l{~~_,?4'3- 0/&" (~~" ,'PEElVERY 1-').. w~ ~.R..(9)_._____ 'to?) :2.4:)'" 21. 6./ p~( :': PRICES QUOTED ARE F,O.B.~ ~;,U~f::.~lL~:= L. OfJAN!l'l:TY _~_:'_" 'PESCR/prIo,y" ' PRICE EXTÈNO~~l ......--'- -"~-",~........, ---","-',,~..-^,,-,.""'''-''-.''''''''' ....,....,-,..-,-".'.. 17M t:J-ß1 Lt' V I /}é1) t-é-:-c.&t-/rI ,.J r; ð Y :2f¿ ð 0 o. fff) "J-.,---- ---- 2 ___M~ ~ vsp... rftl}!t: :b.___h_________ ',';~___"__.'.__,_______ _......'_ . ' , ' . ,- "~"', .' . '.~,,~, ,,'. ......... . ' .-...,.'..,.. 3 4 ~ P¡¿¡ c£' I N Cl.-tJ~ -tV.rrn L-r.A <r1\ôiJ;~~ ~,~~~,__~~__~==j ___~ ___~_____,_ __l.~_~._-_f4.J GD0 ðT/..$ I I2-.éJ.lr-;r,¿ GNV / .,.--" "____ __ ___ 6 .bV ~~ rs ~.,.,.,.& t¥=' ~ !d!s> 1,1 .. ,'. ' ", , --7-' - ..,'..,-,-",-,~,- -~.,,,~---,'-~"----,,,.'--'-- -- 7 V I ~ ~~-b1 tV --.fÆ'__.JLtv' ~--'!_ .. , 8 ~__ _ __ 9 ---.- ~-" ð, '-----~.-.----','---' --__,__'__~,...,-,__..·m_'" 10 ~ Ary~~ .INV:;~It-7/~ .s 1!~ _~__._~_._~ .s '/.trtY""\. frf::!: W0 P Y1 ~---,-I --- 12 13 ~_~_ '-_-.M. _____, ~:;'.J k ,11-1)...!., "--:~~:, ~ '----~'-'-_"_-_'n=:= I 14 -"-'-.'--'. - ......... "-..--~.~..,,.._. . . -_.,""--",-'."". '.'---.- SUBTOTAL e51::l ~, tH) PRICES QUOTED BY; û~ _ PREI~: ,..:~=== 'RICH !lAUD ~~!~_ DAYS ___,_~.~ ~'OT~d.1~ ~. '!. L OlF :2 . ,__ IJ r"'1 ,__ t""_ ' !-- I ur·-it:.. -" '-' L J. '__ t:.. :::·Ur"r-"L .:;.1:::1:::" :::1 .=.. L ..- J...1 I 1.::::1 1-'. ,)¿ -J 'J '-- ~'~ -"'....} v..¡ r::.. L) J. ~.:.,I .. L... ,_I HI"' Video Systems Plus 3123 Ëast 29th Street !:ilj'Srí, r e,>:<,~ 11802 Fax (409) 268-7528 1·800·676·4011 July 19, 1995 To: All law enforcement agencies in south em Florida RE: Local distributor for Video Systems Plus products Dear Sus, Video Systems Plus hag added å new distributor to the soutb Florida area, You cat) pUrChå$e any of our produèts through our only south Florida dhtributor, Concept One Police Supply, Ine, of MiamÎ Beach, Florida. Concept One provides Our \vhole product line as well a~ local installation atJd service. For more information, contact Carlos J"opez at the following address: Concept One PoJïc.e Supply 1.928 Purdy Avet'lLle Miami Beach, FL 33139 (305) 532·8432 Conc.ept One carries a compJe,te hn~ of law enforcement products as wet! a$ full service and illSta11atlon. Thank you for your consideration. 0( ,ark Shipman, eneral Manager, Video Systems PIIf..~ ~ or: S . ~. +~ Affordable, Dual Security Mobile Video Recording A Modular, "Vault Type" System For Law Enforcement Officers · Multiple Video Camera Options · VHS HQ Deck Records Up to 8 Hours · Black & White (2 Lux/420 Line Resolution) · 3 Different VCR Configurations Available · Color (2 Lux/Auto Iris/330 Line) ·8MM · VHS-Basic or Enhanced · Dual Level Of Security Entry-Optional · Additional Options: · LED Status Indicators · Specialty Lenses: Auto-Iris, Auto-Focus, Motorized Zoom · System Controller Controls All · "Cabin Eye" In-Vehicle Camera VCR Functions - VSP Exclusive! Mounted in Rearview Mirror With Built-in Mic · DatelTime/Character Generator · Can be Upgraded or Expanded Two Lines, 20 Alphanumeric Characters · Emergency Light (Redi-On®) Activation · Flexible Mounting Where You Want It! and Body Microphone Activation Available (Under Seat! on Console/ on Security Screen) ð1L 'f"tA.lftlr · Includes Many Enhanced Features - Call For Details · Proprietary Filters that Reduce Vehicle Noise and RFI/EMI Starting Price $2,695 00 tAit I)ð' ~ (! (ýUJ . VSP 2 The Original and Affordable System 'hat Works! . ' PAVE AFFORDABLE, DUAL SECURITY MOBILE VIDEO RECORDING Basic Components VHS HQ Recording Deck ......................... 1 Date/Time Character Generator ............... 1 Miniature B&W Camera (CCD) ................ 1 Includes 12mm Lens 2.9 Inch Color LCD Monitor ......................1 · Regulated Power Supply .. · Amplified Speaker Customized Audio System ....................... 1 tt ,~c Including: · Microphone Transmitter 3 Rechargable Ni-Cad Batteries · Webbed Pouch System as stated: · Magnetic Mount Antenna DPS1011, CCD1001, LENOOO4 Customized Power Supply....................... 1 Camera Options: Featuring: · RFI Protected Color 1 ................................. $1 000 · SuperClean Audio Filter Color 2 (Enhanced)................ $ 950 Color (Fixed) .......................... $ 750 · Regulated Power Supply System Options: · Fuse Protected PA VE Standard.................... $2,145 · Custom Wiring Harness PA VE Enhanced .................. $2,695 PA VE 8 ................... ............. $2,695 Customized Mounting Bracket ................. 1 Recommended Accessories: Tamper Resistant Steel Enclosure ........... 1 VHS- T 120/160 Tapes Customized Remote Control.................... 1 Magnetic or Fixed Mount Antenna Multiple Lenses: Wide Angle, · 6 Ft Controller Cable Auto-Iris Designed To Your Specifications! adar Gun Interface or De 81 s Total System Components - 9 Record Over Protect Starting Price ...................... $2,695 00 Emergency Light Interface Body Microphone Pack/Insure/Ship .............................. $6000 Transmitter Activation Our Track Record Speaks For Itself PAVE AFFORDABLE, DUAL SECURITY MOBILE VIDEO RECORDING Basic Components VHS HQ Recording Deck ......................... 1 DatefTime Character Generator ............... 1 Miniature B&W Camera (CCD) ................ 1 Includes 12mm Lens 2.9 Inch Color LCD Monitor ......................1 · Regulated Power Supply ." · Amplified Speaker Customized Audio System ....................... 1 tI ,~'(' Including: , \\ · Microphone Transmitter I 3 Rechargable Ni-Cad Batteries ~ ,'/ · Webbed Pouch System as stated: · Magnetic Mount Antenna DP51011, CCD1001, LENOOO4 Customized Power Supply....................... 1 Camera Options: Featuring: · RFI Protected Color 1 ................................. $1,000 · SuperClean Audio Filter Color 2 (Enhanced)................ $ 950 Color (Fixed) .......................... $ 750 · Regulated Power Supply System Options: · Fuse Protected PA VE Standard.................... $2,145 · Custom Wiring Harness PA VE Enhanced .................. $2,695 PAVE 8 ................................ $2,695 Customized Mounting Bracket ................. 1 Recommended Accessories: Tamper Resistant Steel Enclosure ........... 1 VHS- T 120/160 Tapes Customized Remote Control ....................1 Magnetic or Fixed Mount Antenna Multiple Lenses: Wide Angle, · 6 Ft Controller Cable Auto-Iris Designed To Your Specifications! adar Gun Interface or De al s Total System Components - 9 Record Over Protect Starting Price ...................... $2,695 00 Emergency Light Interface Body Microphone Pack/Insure/Ship .............................. $6000 Transmitter Activation Our Track Record Speaks For Itself . ' , . , . ~\. . +~ . Affordable, Dual Security Mobile Video Recording A Modular, "Vault Type" System For Law Enforcement Officers · Multiple Video Camera Options · VHS HQ Deck Records Up to 8 Hours · Black & White Jt (2 Lux/420 Line Resolution) · 3 Different VCR Configurations Available · Color (2 Lux/Auto Iris/330 Line) ·8MM · VHS-Basic or Enhanced · Dual Level Of Security Entry-Optional · Additional Options: · LED Status Indicators · Specialty Lenses: Auto-Iris, Auto-Focus, Motorized Zoom · System Controller Controls All · "Cabin Eye" In-Vehicle Camera VCR Functions - VSP Exclusive! Mounted in Rearview Mirror With Built-in Mic · DatefTime/Character Generator · Can be Upgraded or Expanded Two Lines, 20 Alphanumeric Characters · Emergency Light (Redi-On®) Activation · Flexible Mounting Where You Want It! and Body Microphone Activation Available (Under Seat! on Console/ on Security Screen) ð1L 'ÿ/!A..I#r · Includes Many Enhanced Features- Call For Details · Proprietary Filters that Reduce Vehicle Noise and RFI/EMI Starting Price $2,695 00 , IMØð'~(t . I VSP 2 The Original and Affordable System at Works! . Agenda Item No. AGENDA REQUEST Date: August 11, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: August 15, 1995 Description of item (who, what, where, how much): Staff request City Commission accept a bid, and award a general construction contract to RPM General Contracting, Inc. for construction and modifications to Fire Station 3 and 4. The cost for construction for Fire Station 3 is in the amount of $291,010, and the cost for construction for Fire Station 4 is in the amount od $189,468. A credit of $6,500 can be realized if both stations are awarded to the same contractor. The total contract amount is $473,978.00. Funding for Fire Station 3 is available from Account #228-2311-522- 61.59 and Fire Station 4 from Account #228-2311-522-61.60. ORDINANCE/RESOLUTION REQUIRED: Not Required Recommendation: Staff recommends award of a general construction contract to RPM General Contractors, Inc. for construction and modifications to 3 & 4 in the amount of 473 978.00. Department head signature: Determination of Consistency wi th Comprehensive Plan: Ci ty Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): Funding available:~NO Funding alternatives fA (if applicable) Account No. & Description¿;?~~,~31/- 5-:;';;l -lj,9J(bli:N:¥:H; nRt/ cAPt-n'H-;, Accoµnt Balance' " ¡=¡k S/1P!7þV :# 3) ¿¿T~ ~Mc¡~ "'2ßfI/o{o,~t.p1 -;Z~[(-r ;)3fl-5?--?'-b{~,ò(~~7I h/l,E cAA'N-t] Ci ty Manager Review: 71./9-91 lfb$', /> FilE S.'~(.I"vti If) Approved for agenda: YES/NO 5'^06ff ~5'fue... A~t./.eJ) Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9361\agreq815 & \esd\9362\agreq815 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: José Aguila ~ Construction anager Date: August 11, 1995 Subject: AGENDA REQUEST Fire Station #3 and #4 Award of Construction Contract Project No. 93-61 & 93-62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attached is an Agenda Request for City Commission consideration to accept the bids received on August 10, 1995 for additions and modifications to Fire Stations 3 and 4, and to award a general construction contract to RPM General Contractors, Inc for the construction and modifications to both Fire Stations. Following is a list of bids received: O'Connor & $629,000 Taylor Engineered $498,562 Environments RPMGeneral Contractors Altman-Barry $358,000 $245,000 $608,000 ($ 31,000) Five star no bid $186,650 $186,650 0 Construction The lowest responsive and responsible bid received for Fire Stations 3 and 4 was from RPM General Contracting, Inc. , for a total of $480,478, less a credit for awarding both stations in the amount of $6,500 for a total Contract Amount of $473,978.00. ðJJ . . Staff recommends award of contract to RPM General Contractinq, Inc. for construction of Fire Station 3 & 4 in the amount of $473,978.00. Funding is available from Account #228-2311-522-61.59 and Account #228-2311-522-61.60. cc: William Greenwood Chief Rehr Mike Wigderson Jackie Rooney File 93-61 (A) File 93-62 (A) \esd\9361\agmem815 \esd\9362\agmem815 . - - PROPOSAL (BID FORM) Proposal of RPM General Contractors, Inc. (Contractor) 415 N.E. 28th Court, Pompano Beach, Florida 33064 (Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: Fire Station No.3 PROJECT NAME: Fire Station No. 4 Renovation and Addition 93-61 CITY OF DELRAY BEACH PROJECT NO: 93-62 93-902 C CONSULTANT PROJECT NO: 93-903 C To: Purchasing Officer . .-' city of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 1. The undersigned Bidder proposes and aqrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Document. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty (60) days after the day of Bid opening. Bidder will sign ~nd deliver to the CITY the Agreement and submit the Contract Security, Insurance certificates and other documents required by the Contract Documents wi thin fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder should fail to sign the Agreement and deliver it to the CITY along with the Contract security, Insurance Certificates and other docu- ments within said perj~d, the CITY shall have the power to rescind said award and also retain for the CITY the Bid Security accompanying the proposal which shall become - forfeited as liquidated damages. I P-l . , - 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 1 7/7/95 4 8/1/95 2 7/18/95 3 7/24/95 receipt of all of which is hereby acknowledged and also copies of the Advertisement for Bids and the Instructions to Bidders; . b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. i .- c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm 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 false or sham Bid; Bidder has not solic- ited or induced any person, firm or a corporation 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 official of the CITY or any person in the employ of the CITY is directly or indirectly interested in said bid or in the supplies of work to which it relates, or in any person of the profits thereof. [Remainder of this page left blank intentionally] - P-2 . ..¡.. Bidder will complete the Work for the following prices: SCHEDULE OF BID PRICES Bid Item ~ Description Base Bid (Lump Sum) :¿ql DID, va l. Fire Station #3 Renovation and Addition $ ) c;) I<öC¡ , ") ., Fire Station #4 Renovation and Addition $ L{- (~3 ' -' J Total Evaluated Bid ., $ L\ ~ (: Lf /ì X '"\ , . . Bid Items land 2 Base Bid (In numbers) . ) ,. L . .. Bid Items"l aI?-d 2 Base Bi~ (In words) ~ / /. _ , !- c.:t. (j t- ~ X ( . c, -II It W !."l¿~~ "'-, L lL- 'L.-'--( \.Í" (u,,>,L I,."" < - ,;;" .C1.'-" -J..-'- ..___. Ti . /<-,---' v t..ic ' -- Doll r ..-J \ I ! " .~' v' /hP Cents . , Bid Item :\10. Description Base Bid (Lump Sum) ... Cost savings to City of Delray Beach deduct$ 6 t:) C'~. : .:~ .J. for award of single construction contract for both Fire Station 3 & 4. Total Evaluated Deductive Bid deduct$ '-I ?~) {t''}j, ,;:: Bid Item 3 Base Bid (In numbers) Total Evaluated Deductive Bid . ,', Bid Item 3 Base Bid (~n wo~ds) _ ( - ~,/ I l <.. d. . 1 (~j\l , / J t -It -Jt.M ~ ~ '-0 t I \ deduct JL '-' t~~', . t'''<-~ () . ilL . <___.~I I Dollars " . i,t:. = . { I N'-.-C Cents P-3 . 5. Bidder agrees that the Work will be substantially complet- ed within .;~O 8 _. calendar days after the date when the Contract 1me8J~ommences to run, and completed within 10 calendar days after the date of Substantial completion. I Bidder accepts the· r rovisions 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) meetin~ the requirements of the Contract Documents for $ 5% of tota Bid Price payable to the City of , Delray Beach which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory Contract Security and furnish 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 returned 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 Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on August 10, 1995 . a. ) (If an individual, partnership, or non-incorporated organization) signature of Bidder By Address of Bidder b. ) (If a corporation) .A' Signature President Corporate Seal Mc.Teague, Jr. I Address of Bidd r Pompano Beach. Florida 33064 P-4 . Incorporated under the laws of the state of Florida . c. ) certificate of Competency number CGC'A37114 . d) The names of the corporate officers, or partners, or individuals doing business under trade name, is as follows: Robert P. Mc.Tea~uer Jr. Robert P. Mc.Tea ue Jr. Signature of President Jr. President. Business Address 415 N.E. 28th Court Pompano Beach, Florida 33064 Incorporated under the laws of the state of Florida . [Remainder of this page left blank intentionally] ( P-5 . - INFORMATIOH REOUIRED OF BIDDER BIDDER'S GENERAL INFORMATION: Bidder shall furnish the following information. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shalL be attached as required. ( 1) CONTRACTOR'S name and address: RPM General Contractors, Inc. 415 N.E. 28th Court . Pompano Beach, FL 33064 (2) CONTRACTOR'S telephone number: 305-785-8900 (3) Number of years as a CONTRACTOR in this type of work: ~ (4) Names and titles of all officers of CONTRACTOR'S firm: - Robert P. McTeague, Jr. President Robert P. McTeague, Jr. Secretary (5) Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: Bankers Insurance Company - J.B.I. Group, Inc. - Ted Jedlick 6191 Orange Drive. Suite 6159E, Davie, Florida 33314 (305)327-0442 (6) princioal Materials Manufacturer and Subcontractors. This proposal is being submitted by the hereinafter stated ~ CONTRACTOR who proposes to perform work specified and P-16 . - QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained. 1. How many years has your organization been in business in the State of Florida as a Contractor? Nine (9). 2. What is the last project of this nature that you have completed? Pembroke Pines Fire Station #69 3 . Have you ever failed to complete work awarded to you: If so where and why? No. 4. Name three individuals or corporations for which you have performed work and to which you refer? - Florida Department of Transportation Board of County Corrmissioners, Broward County Palm Beach County 5. List the following information concerning all contracts on hand as of the date of submission of this proposal. (In case of co-venture, list the information of all co-venturers) . TOTAL CONTRACTED % OF CONTRACT DATE OF COMPLETION NAME OF PROJECT OWNER VALUE COMPLETION TO DATE Ft. Lauderdale Florida Dept. $1,oo.,OOJ.OO 7 'S c~ De t. of Trans rtation of Trans rtation. $76,CJ.+7.00 1 " 0"'- ~O ~ L PBCC - Lewis Center Palm Beach Communit Colle e 1 ,~ ~,OOJ.OO C;:S" I -) ,.J¡..; PBCC - ADA Bathrooms Palm Beach Communit Colle e , $138 ,OOJ. 00 I 9 'Ç' , ì>:--- St. Georie Park Broward County I'l.. I,:; . ~:..'- (Continue list on insert sheet, if necessary) .s "'2,: Tri-Rail Sheridan St. 1ì:i-<hr1ty Cmm.Jter Fail Þuthrity ~.OO / (c/ C: N.W.r::eve1.q:m:nt Camulity Center N.W.r::eve1.q:m:nt Carnuùty Cen ,411.00 1'.1,/;5 ),-~ ..- :.,.--"'" ... P-18 . - 6. Have you personally inspected the proposed work and have you a complete plan for its performance? Yes. 7. Will you sublet any part of this work? If so, give details. Yes. As nec.essary. 8. What equipment do you own that is available for the work? (Attach additional sheets as necessary) All required. 9. What equipment will you purchase for the proposed work? None. 10. What equipment will you rent for the proposed work? As needed. . state the true, exact, correct and complete name of the part- nership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partner- ship, state the names of all partners. If a trade name, state the names of the business under the trade name. It is abso- lutely necessary that this information be furnished). RPM General Contrac.tors, Inc.. Correct Name of Bidder a) The business is a (Sole Proprietorship) (Partnership) (Corporation) Corporation b) The address of principal place of business is ; 41~ N.F.. 28th Court, Pompano Beac.h. Florida 33064 P-19 . ' . - c} The names of the corporate officers or partners, or individuals doing business under a trade name, is as follows: Robert P. McTea ue Jr. Signature of Business Address PompAno RpArn, Fl 110f14 Incorporated under the laws of the State of Florida . . .- ~ P-20 . . Agenda I tern No. : AGENDA REQUEST Request to be placed on: Date: AUGUST 7, 1995 Regular Agenda Special Agenda Workshop Agenda xxx Consent Agenda When: AUGUST 15, 1995 Description of item (who, what, where, how much): CASE' ADDRESS GRANT AMOUNT 92-026HR 113 S.W. 11th Avenue $18,428.00 92-045HR 520 S.W. 14th Avenue $18,742.00 92-030HR 221 S.W. 15th Avenue $20,000.00 (Example: Request from Atlantic Hiqh School for $2,000 to fund project qraduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM ACCOUNT #118-1963-554-49.19 GRANT AMOUNT INCLUDES CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: h~~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~/NO Funding alternative~:. ~ ~ifRD~C~ ý). . L- ,0-. Account No. & Descr~pt~on: - ?-- . '" &1 - I~v · ~ -Account Balance: JlPJ (P1!7 I · - - - r City Manager Review: Approved for agenda: AE~/NO t7L '1 Hold Until: ~ . Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . ' . M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR [y£ THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT DATE: AUGUST 15, 1995 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE THE COMMISSION This is to request approval for three Housing Rehabilitation Grant Awards. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders. All unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached f or your reference. RECOMMENDATION Staff recommends Housing Rehab Grants be awarded for the following: Case# Address Grant Amount 92-026HR 113 Southwest 11th Avenue $18,428.00 92-045HR 520 Southwest 14th Avenue $18,742.00 92-030HR 221 Southwest 15th Avenue $20,000.00 HR2 fJy . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 95-52HR APPLICANT: Eva Mae Haynes APPLICATION #: 92-026HR PROJECT ADDRESS: 113 Southwest 11th Avenue DATE OF BID LETTERS: July 7, 1995 DATE OF BID OPENING: JUly 17, 1995 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ ALPHA ULTRA INC. $ ARTHUR'S MAINT. $28,720.00 CSB CONSTRUCTION $ 1ST CHOICE CORP $17 ,551.00 INTERCONTINENTAL CONSTRUCTION CORP $20,500.00 HENRY HAYWOOD $ PRESTON CONST. $21,075.00 RADA ENTERPRISES INC. $ RAY GRAEVE CONSTRUCTION INC. $21,255.00 SOUTH FLORIDA CONSTRUCTION $18,255.00 IN - HOUSE ESTIMATE: $19,210.00 CONTRACTOR AWARDED CONTRACT: First Choice Corp. BID/CONTRACT AMOUNT: $17,551.00 COMMENTS: Bid awarded to low bidder BIDFORM/PG1 . . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 95-52HR APPLICANT: Perline Bellamy APPLICATION #: 92-030HR PROJECT ADDRESS: 221 Southwest 15th Avenue DATE OF BID LETTERS: July 7, 1995 DATE OF BID OPENING: JUly 17, 1995 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ ALPHA ULTRA INC. $21,105.00 ARTHUR'S MAINT. $ NO BID CSB CONSTRUCTION $ 1ST CHOICE CORP $21,815.00 INTERCONTINENTAL CONSTRUCTION CORP $21,175.00 HENRY HAYWOOD $19,703.00 PRESTON CONST. $21,775.00 RADA ENTERPRISES INC. $ RAY GRAEVE CONSTRUCTION INC. $25,290.00 SOUTH FLORIDA CONSTRUCTION $21,333.00 IN - HOUSE ESTIMATE: $19,830.00 CONTRACTOR AWARDED CONTRACT: Henry Haywood BID/CONTRACT AMOUNT: $19,703.00 COMMENTS: Bid awarded to low bidder BIDFORM/PGl . , . . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 95-52HR APPLICANT: Priscillia Stephens APPLICATION #: 92-045HR PROJECT ADDRESS: 520 Southwest 14th Avenue DATE OF BID LETTERS: July 7, 1995 DATE OF BID OPENING: JUly 17, 1995 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $18,431.25 ALPHA ULTRA INC. $ ARTHUR'S MAINT. $27,450.00 CSB CONSTRUCTION $ 1ST CHOICE CORP $21,393.00 INTERCONTINENTAL CONSTRUCTION CORP $18,925.00 HENRY HAYWOOD $17,850.00 PRESTON CONST. $21,400.00 RADA ENTERPRISES INC. $ RAY GRAEVE CONSTRUCTION INC. $22,820.00 SOUTH FLORIDA CONSTRUCTION $21,100.00 IN - HOUSE ESTIMATE: $18,043.00 CONTRACTOR AWARDED CONTRACT: Henry Haywood BID/CONTRACT AMOUNT: $17,850.00 COMMENTS: Bid awarded to low bidder BIDFORM/PG1 . , . MEMORANDUM TO: JOE SAFFORD, FINANCE DIRECTOR FROM: DOROTHY ELLINGTON, CD COORDINATOR ))~ THRU: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ~ DATE: AUGUST 7, 1995 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT Attached, please find Community Development's Housing Rehabilitation package, Bid #95-52HR. This package is submitted for the Consent agenda scheduled for AUGUST 15, 1995 This package is submitted to your office per Purchasing Policies and Procedures. HR2/PAGE2 . ,. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM, ~ CITY MANAGER SUBJECT: AGENDA ITEM ~ q p - MEETING OF AUGUST 15. 1995 FUNDING REOUEST FROM PALM BEACH COUNTY FOR URBAN FORESTRY PROGRAM DATE: AUGUST 10, 1995 This is before the Commission to consider a request from Palm Beach County to participate in the funding of an Urban Forestry Program. During the 1995 State Legislative Session, both the Florida House and Senate voted not to fund the Florida Division of Forestry's (DOF) Urban Forestry Program. This action caused the DOF to eliminate the program as of June 30, 1995. The Board of County Commissioners, however, voted to temporarily fund the program for a 15 month period I with direction to staff to pursue additional funding sources in order to keep the program going. One possible way that the program could be saved is for the local municipalities to form a partnership with the County wherein both would share in the cost of the program. Palm Beach County staff is looking for a total funding commitment from the municipalities equal to half of the costsl or $22,000. After reviewing our potential usage of the Urban Forester, staff recommends authorization of $1,000.00 to participate in funding the County's Urban Forestry Program. ref:agmemo7 . . 8/8/95 TO: Lula -- Please draft a response for the City Manager. DTH/mld Board of County Commissioners County Administrator Ken L. Foster, Chairman Robert Weisman Burt Aaronson, Vice Chairman Karen T. Marcus Carol A. Roberts Department of Warren H. Newell Environmental Resources Management Mary McCarty Maude Ford Lee RECEIVED July 28, 1995 CITY Mfo'" '~~'" nCT ,. ¡,,', Mr. David Harden ~ Delray Beach City Manager 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Mr. Harden: SUBJECT: FORESTRY PARTNERSIDP BETWEEN PALM BEACH COUNTY AND PALM BEACH COUNTY MUNICIPALITIES. At the Municipal League's general membership meeting on July 26, we had an opportunity to present an update on the Urban Forestry Program. As you may be aware, the State eliminated their program on June 30 and the Board of County Commissioners agreed to fund the program for a 15 month period. They did challenge staff to meet with each city in an effort to get a total funding commitment equal to half of the costs ($22,000). ~ I have attached a copy of the backup material provided at the meeting. Please review this with an eye as to how we may assist your municipality in meeting its forestry needs. I will be contacting you within the next 45 days to discuss this program with you and investigate partnership opportuni!ies. ... ...... Ifyou have any questions, please don't hesitate to call (407) 233-2400. Sin~;!)IY, . ~ --' 1 .., 1, jc:.JJ FWðY.LU' Richard E. Walesky, Director Environmental Resources Management Enclosure / "An Equal Opportunity - AffirmativeÎ\ction Employer" " @ printed on recycled paper 3323 Belvedere Road, Bldg. 502 West Palm Beach, Florida 33406 (407) 233-2400 Suncom 274-2400 . '. , . . . P aim Beach County & P oBo Co Municipalities "F orestry Partnership Program" . , Introduction In many areas, the County Forester is the only public servant to provide local tree care assistance to municipalities and the general public. Assistance comes in many fonns such as: tree care workshops and seminars for public workers, diagnosing insect and disease problems on shade trees, site plan reviews, environmental education, hazardous tree identification, tree inventories, tree canopy analyses, and developing tree protection ordinances. Since 1971 when a partnership between Palm Beach County and the Florida Division of Forestry was created, both agencies have work closely with local governments in a mutually beneficial relationship. This partnership has help to prevent environmental deterioration of our urban areas by promoting proper tree planting, tree care and maintenance and the preservation of greenspace in and around the county and municipalities. During the 1995 State Legislative Session, both the Florida House and Senate voted not to fund the Florida Division of Forestry's (DOF) Urban Forestry Program. This action caused the DOF to eliminated the program. The Palm Beach Board of Cotmty Commissioners recognizing the importance of the urban forestry program to the county, voted to temporarily fund the program for one year. This was done so that an addition source of fimding could be found to support the program. In the interim, Palm Beach County is looking for ways to keep the program going. One possible way that the program could be saved is for the local municipalities to fonn a partnership with the County. In this scenario, both the county and the municipalities wOlÙd share in the cost of the program. By fonning this partnership, the forestry needs of both the County and Municipalities could be met. 1 . . , PARTNERSHIP SERVICES For municipalities that which to form a partnership with the C01.mty, a list of services that the County Forester will perform is listed below. With any partnership that is created, it will be extremely important for Palm Beach County to know the needs of the individual municipalities. As each municipality is in a different stage of forestry development, the County Forester will need to know this information in order to develop a specific forestry assistance program for that municipality. Forestry assistance will be broken up into three categories. They are: Forestry Development, Technical Forestry Assistance, and Forestry Information & Education. FORESTRY DEVELOPMENT Tree Planting Programs The county is currently developing a tree planting program entitled the "Upland Enhancement Program" (UEP). UEP deals strictly with specific tree planting projects in a variety of locations covering a wide range of sites. Projects will be based on targeted groups and their needs. The County will form a partnership with these groups and will provide an assortment of technical expertise when called for. County Staffwill also coordinate vohmteer activities and supply trees to specific projects when appropriate. Listed below are some of the components of the UEP program. Municipalities / Neighborhoods Plantings The County will contact municipalities and individual neighborhoods in order to provide information on tree availability from programs currently being developed in the "Upland Enhancement Program". In addition, county staff will offer to municipalities and neighborhoods technical expertise, grant application critique and volunteer support for appropriate tree planting projects. 2 . . , Schools For the 1995-96 school year, 20 elementary/middle will schools will be targeted for tree planting projects. The schools will be located through out Palm Beach County. County staffhas arranged for trees to be provided by the School Board Nursery in conjunction with a cmriculwn being provided to the teachers by the PBC 4-H program. Staff will also provide technical and educational expertise during the actual planting day. Restoration PrQjects The County Forester will assist municipalities in restoration projects that deal with the protection, enhancement and upkeep of existing native habitats within their jurisdiction. The County will coordinate activities that included: recruiting private groups to adopt native habitat sites, aid in developing management plans for the specific sites and assist in carrying out the management objectives. County Staff will also recruit local volunteer groups for occasional activities such as cleanups, exotic vegetation removal, and tree plantings. Tree Rescue Tree rescue is a project where trees that are ear marked for removal will be relocated to other planting sites. Municipalities will be incorporated into a data base of potential planting sites. Relocated trees will be docwnented, cross reference and matched to potential planting sites. The County Forester's office will also act as a clearing house for tree relocation infonnation between the different county agencies and the municipalities. 3 . ' , Street Tree Plantings The Cmmty Forester will assist and guide municipalities in setting up and managing a street tree planting program. He will advise the municipalities on the different street tree programs that can be initiated and will aid in the logistic of the program. Tree Protection Ordinances The County Forester will assist municipalities in developing and or strengthening their existing tree protection ordinances. Management Plans The County Forester will work with mwricipal departments in developing management plans which include comprehensive plans, prescribed bums, disaster relief, landscaping and exotic plant removal. TECHNICAL FORESTRY ASSISTANCE Urban Forestry The County Forester will assist and interact with homeowners, condominium associations, developers, and special interest groups directly or by disseminating booklets and pamphlets that promote: - Urban tree planting - Proper tree species selection - Proper tree maintenance, care and removal - Proper tree protection during construction - Uses of energy efficient landscaping material - Pest and abiotic problems concerning trees - Other related forestry techniques and Issues 4 , , Beautification Projects The County Forester will serve as a liaison between different federal, state, county and municipal agencies in regards to developing beautification projects. Tree City U.S.A. The County Forester will give assistance and guidance to local municipalities in order to achieve Tree City U.S.A. and Growth Award status. These awards are given out annually by the National Arbor Day Foundation for municipalities with outstanding forestry programs. Tree Care Workshops and Seminars The County Forester will conduct workshops and seminars to interested groups on a wide selection of forestry topics which include, proper tree pruning, selecting the right tree for the right site, tree planting, tree protection, and exotic tree removal. Tree Inventories and Canopy Analysis The County Forester will supply technical assistance and guidance to local municipalities in order to conduct street tree inventories and tree canopy analyses. Forestry Partnership Programs The County Forester will assist municipalities in obtaining cost sharing grants through the following programs: -Urban & Community Forestry -Florida Tree Trust Fund -Palm Beach County Beautification (Beautiful Palm Beaches) 5 " URBAN FORESTRY INFORMATION AND EDUCATION The County Forester will work with municipalities to increase public awareness in the environment through the following activities. Exhibits, Festivals and Fairs Set up forestry booths at municipal events that will emphasize proper forestry techniques along with wildland fire control. School Projects Supply environmental education infonnation to the public and private schools ofPa1m Beach County. This will be accomplished by having seminars, lectures, tree plantings and field days at the local schools. Seminars and Presentations Conduct seminars and presentations on a wide variety of forestry related topics to garden clubs, civic organizations, homeowner associations, beautification committees and other special interest groups. Written Material Develop specific forestry handouts and pamphlets that would be dispersed to the general public upon request. 6 . ' CONCLUSION Palm Beach County has reached a critical stage in its development. With the elimination of the State's Urban Forestry program, a viable resource has been lost both to the county and municipalities. The question that needs to be answered is who will fill the forestry void that was created. By developing a forestry partnership between the county and municipalities, the forestry needs of all participating entities can be met. A healthy vigorous forestry program that includes: reforestation / afforestation updating existing landscape codes and increasing public awareness will ensure that Palm Beach County will remain environmentally sound, aesthetically pleasing, economically stable, but most of all a desired place to live and work 7 . , , CPalm CJ3each Counly E nvironmentalResourcesManagement's "Upland Enhancement Program" . ¡ .~ ~, /' , ... . , OUTLINE 1. Tree plantings a. Schools b. Neighborhoods . Street Trees 1. ~ 11. Common Grounds 111. Parks c. Natural Areas 2. Restoration Projects a. Natural Areas (ERM) b. Preserve Areas (County) c. Municipalities 1. Preserve Areas 11. Parks . 111. Coastlines IV. Public Lands i .~ <:, 3. Tree Dispersal (Non Tree Planting) a. Seedling Give- A - Ways (ERM) b. Nursery Sales (Coordinating Sales) c. Tree Donations (Private Sector) // '. 1 \. . , '. . . 4. Acquisition of Trees & Seedlings a. Buying 1. Grants .. Funds 11. b. Donations 1. Nurseries ~ 11. Private Sector 111. National Tree Bank c. Growing Seedlings 1. From Liners 11. From Seed Collection d. Tree Bank 1. Mitigation (1) Credits (2) Money (3) Holdings . 11. Tree Rescue Program (1) Salvaging Tre,es & Seedlings From Areas To Be Developed ... ~, (a) Wildlands Areas (b) Land Clearing (c) Burning Sites (2) Relocation of Existing Trees ... Tree Trust Fund 111. /' , 2 " . will offer to municipalities and neighborhoods technical expertise, grant application critique and volunteer support for appropriate tree planting projects. Natural Areas ERMIs ERNA Division will be contacted for tree planting needs within the county owned Natural Areas. The Tree Dispersal component of the UEP will be utilized for secunng appropriate speCIes for Natural Area enhancement. 2. Restoration Projects Restoration projects will deal with the protection, enhancement and upkeep of existing native habitats. Staff will coordinate activities that included: recruiting private groups to adopt native habitat sites, aid in developing management plans for the specific sites and assist in carrying out the management objectives. Staff will also recruit local volunteer groups for occasional . activities such as cleanups, exotic vegetation removal, and tree plantings. In addition, volunteers will be used for construction projects such as shoreline protection fences, plant nurseries and informational kiosks. ~¡ . 3. Tree Dispersal (Non Tree Planting) The primary goal of tree dispersal is to distribute trees and seedlings into the hands of the general public. Staff will coordinate tree and seedling dispersal through different activities such as: seedling give-a-ways, nursery sales, and private sector donations of seedlings for special events. Staff will supply ~ < 4 " . . . , educational material at time of dispersal that cover: tree planting instruction, tree care & maintenance, and species background data. Planning is underway for a large scale seedling give-a-way at the South Florida Fair scheduled for Florida Arbor Day, January 19, 1996. The County 'Yith additional sponsors (Beautiful Palm Beaches, Pepsi-Cola, and the SW A) will give away 20,000 seedlings with planting instructions to student groups, families and individuals attending the fair. In addition, the County will plant several larger trees at Yesterday Village during the County Arbor Day Ceremony. Anticipated attendance for the January 19 event is 4,000 bussed school children and 33,000 other attendees. Plans are also underway to co-sponsor a seedling give-a-way with McDonalds Corp. to students at five local West Palm Beach schools. 4. Acquisition of Trees & Seedlings This component of the UEP deals with creating a source of trees and seedlings for dispersal or relocation. The trees will either be bought, donated, relocated from other areas or grown from seed by ERM. A Staff has also arranged with PBC Parks & Recreation Department for use of their nursery. The nursery space will be ,~ used for storage of trees and plants and other activities such as seed propagation, and pótting and stepping up of seedlings. Buying A source of funds to purchase seedlings will include soliciting corporations, organizations and private citizens. There are two ways that the funds will be collected. The first way is for the targeted group to channel funds through ,/ 5 '. \, . . a county forestry account. The way this will work is for the targeted group to make a check for a specific amount to a nursery. Staff will then pick up the seedlings or trees and either store them at the holding nursery or deliver them directly the event. The second way for collecting the funds is for the targeted group to put money a Tree Trust Fund. These ,funds than could be used for projects at a latter date. ~ The second source of funds is applying for an assortment of grants such as the Division of Forestry's Urban & Community Forestry Grant or the Florida Tree Trust Grant. Donations Local nurseries, and the private sector will be contacted in order to provide seedlings for planting projects. These donated seedlings will be placed in a section of ERM'S holding nursery and will be used for future planting projects as they come up. The National Tree Bank will be contacted in order to . become associated with their program. The National Tree Bank is an organization that supplies seedling for public tree plantings and projects. The County's involvement with this organizp.tion would be to become one of their distribution points. . Growing Seedlings Seeds will be collected from desired species and propagate at the holding nursery. After germination, the plants will be transplanted into cone trays and after an establishment period, they could then be dispersed at different events. A second option is to get liners from a nursery and step up / -: 6 .... , . the seedlings into cone trays and follow the same procedure as the first option. Tree Bank The tree bank will consist of the following components: Mitigation, Tree Rescue, and the Tree Trust Fund. ~ Mitigation In mitigation, companies or individuals will either give credits, money or holdings that will be used to purchase trees. The way this will work is in order for the person or company to get the permits they need, they must compensate the county for the trees that are to be removed. They can either donate money that will be put into the trust fund or supply credits to the county through a local nursery. In this case of credits, staff would be able to go to the local nursery and pick up trees based on the number of credits that the nursery has. . With holdings, the person or company would trade trees to be removed with other trees that they may have. ¡ ~ ~ Tree Rescue'! This section is broken up into two categories. The first category is where trees are to removed in areas that are to be developed and will be salvaged for relocation. The second category is areas where development is not the prime reason why the trees are to be removed. An example is where a home owner dóes not /' 7 " " . . want the tree because of any number of reasons. In this section a list of potential planting sites will be compiled. Relocated trees will be documented, cross reference and matched to potvntial planting sites. Relocated trees will either be relocated to another planting area ~ directly or will be placed in a holding area for future plantings depending on the urgency of relocating the trees. ERM will also act as a clearing house of tree relocation infonnation between the different county agencies (Engineering & Public Works, Public Health, and Planning, Zoning & Building) and municipalities, neighborhoods or homeowner groups interested in receiving relocated trees. Tree Trust Fund The purpose of the tree trust fund is to . encourage and support tree planting on public properly through the acquisition of funds and their distribution to municipalities, nonprofit organqations, homeowner associations, and private<! landowners. The trust fund will be established by Palm Beach County Board of County Commissioners (BCC) and administered by ERM. Funds wiII be collected through different means (mitigation, donations or county funds) for distribution. A project evaluation team will review all applications and make recommendations on which applicant should get trees. 8 \, . . . M " RECEIVED JUN 3 0 1995 C/ïY Mil'" ----." lì~' ',': Memorandum ."" To: David T. Harden - City Manager ¡j From: Lula Butler - Director, .Community Improvement ~ Date: June 29, 1995 ,; Subject: Urban Forester ~ ~ . Nancy Davila and I discussed the memorandum from tlle Municipal League. We have not had a tremendous need to use the Palm Beach County Urban Forester, primarily because Bob Kussner and Nancy are fairly knowledgeable in Horticulture. Nancy has stated that if we are able to develop our Adopt-A-Tree Program, we will need Mike Greenstein's assist.ance in set.ting it up. However, our biggest shortfall is the man hours needed t.o work with tlle homeowners associat.ions t.o coordinate tllis program. LB:DQ DQ4 UrbFor.CM " . - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i ~.(;. - MEETING OF AUGUST 15. 1995 AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. 15/CH2M HILL DATE: AUGUST 10, 1995 This is before the Commission to consider approval of Amendment No. 1 to Service Authorization No. 15 with CH2M Hill to provide additional engineering services in conjunction with replacement and rehabilitation of filter media at the Water Treatment Plant. Service Authorization No. 15 was for $9,972.00 and included evaluation of media condition, determination of rehab requirements and preparation of technical specifications. Amendment No. 1 is in the amount of $8,746.00 and is for consulting services with respect to the expanded scope of rehabilitation to include filter agitator systems, concrete repairs and backwash pump upgrades. Recommend approval of Amendment No. 1 to Service Authorization No. 15 with CH2M Hill in the amount of $8,746.00, with funding from Renewal and Replacement - Water Treatment Plant Media Replacement (Account No. 442-5178-536-61.46). ref:agmemo6 , ., . Agenda Item No. %'. AGENDA REQUEST Date: 08/08/95 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: 08/15/95 Description of item (who, what, where, how much) : Staff requests Commission approval of Addendum #1 to Service Authorization #15 for CH2M Hill for provision of additional consulting services regarding rehabilitation of the WTP filter media. S .A. #15 was for $9,972.00 to evaluate media condition, determine rehab requirements & prepare technical specifications. Addendum #1 is for $8,746.00 for additional services regarding expanded scope of rehabilitation to include filter agitator systems, concrete repairs and backwash pump upgrades. Funding is from account #442-5178-536-61.46, R&R, WTP Media Replacement. ORDINANCE/RESOLUTION REQUIRED: Y£Ø/NO DRAFT ATTACHED Y£Ø/NO Recommendation: Staff recommends approval of Addendum #1 to Service Authorization #15 for CH2M e.U DEPARTMENT HEAD SIGNATURE: y~/1S Determination of Consistency Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds) : Funding availabl~/NO Funding alternatives AI. Account No. & Descript on Account Balance 0 fl. City Manager Review: Approved for agenda: ~/NO Al'~-.,c"'7Y.ì--t¡~ ~~-t:=)T~ @) Hold Until: d~ -it k1~ ~I 'Î ~~ 'L. Agenda Coordinator Review: ,; ~- ·cc . · ff7 ;'~1 Received: Placed on Agenda: Action: Approved/Disapproved . '. , .. MEMORANDUM TO: David T. Harden city Manager ~~ FROM: Richard C. Hasko, P.E. Deputy Director of Public Utilities SUBJECT: CH2M HILL SERVICE AUTHORIZATION AMENDMENT WTP FILTER MEDIA REPLACEMENT EVALUATION; PN 94-075 DATE: August 8, 1995 Attached is an agenda request and a copy of amendment #1 to Service Authorization #15 for CH2M Hill to provide additional engineering services in conjunction with replacement of . filter media at the City's Water Treatment Plant. Service Authorization #15 in the amount of $9,972.00 included testing and analysis of filter media core samples for evaluation of rehabilitation requirements and preparation of technical specifications for inclusion in project bid documents. The filter rehabilitation project scope has been expanded to include needed repairs to the filter agitator systems for rehab of deteriorated piping, supports, nozzles, caps and appurtenances, repair of deteriorated concrete surfaces in the filter bays and replacement of the existing backwash pump to accommodate the new filter media. Amendment #1 to the CH2M Hill Service Authorization is in the amount of $8,746.00 and includes required consultant services for evaluation of rehabilitation needs regarding the stated additional scope items, hydraulic and electrical requirements for new backwash pump, technical specifications for rehabilitation of expanded scope items, project cost estimate and phasing alternatives and some minimal construction inspection. . Funding for the additional services is from account #442-5178-536-61.46, Renewal & Replacement, WTP Media Replacement. RCH: jem c: William H. Greenwood f: T/F City Manager . . CH2M HILL SERVICE AUTHORIZATION 1.§. DATE: Julv 13. 1995 PAGE.l.. OF .1 Amendment No.1 to the Service Authorization No. 15 to the Agreement for Engineering Services Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. No. 532792 City Expense Code: 442-5178-536-61.46 City P.N.: Title: Filter System Evaluation Category of Work: Professional Engineering Services - Study/Design . General This SERVICE AUTHORIZATION AMENDMENT shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and imple- mented through an Amendment to this agreement. Introduction This SERVICE AUTHORIZATION AMENDMENT is for performing sample corings of the filter media in each of the CITY's gravity filters at the Water Treatment Plant (WTP), specification of agitator system rehabiliation, specification of concrete repair and filter painting, an analysis of several filter rehabilitation scenarios, an analysis of backwash pump sizing and replacement, and specifications for a new backwash recovery pump. Scope of Services The CONSULTANT will provide specific services to the CITY in accordance with the following task descriptions. Task] · Provide filter coring device and perform three in-place corings in each filter bay at the WTP. · Prepare technical specifications for filter agitator system inspection and repair or replacement. Filter agitator system components include supply piping, wall supports and anchor bolts; flange bolts; agitator sweeps and center bearing assemblies; jet nozzles; and caps. · Prepare technical specifications for concrete repair, surface preparation, priming, and painting of filter basin walls and agitator supply piping with a potable grade paint. DFBIOOl46B9.DOC CH2M HILL SERVICE AUTHORIZATION ~ DATE: Julv 13. 1995 PAGE .l. OF .1 · Prepare technical specifications for replacing the existing backwash recovery pump. Calculations will be made of the expected head and flow conditions. · Prepare a unit price bid sheet for incorporation into the CITY's contract documents. · Provide a maximum of 12 labor hours for periodic site visits to review agitator system repairs and 8 labor hours for periodic site visits to review backwash pump installation. · Prepare a detailed cost estimate for several filter rehabilitation alternatives. · Prepare an alternatives analysis report for the rehabilitation of the filters and the . backwash pump. · Prepare a cost estimate for backwash pump modifications. Assumptions Unless indicated otherwise in this Amendment, all assumptions contained in the original Service Authorization No. 15 will remain in effect. . Electrical inspection services are not covered under the scope of this Service Authorization. Obligations of the City During the completion of the tasks specified herein, the CITY will provide the following: · Draining of selected filter bays based on predetermined and agreed upon schedule · Reproduction, bidding, and execution of the Contract Documents · Primary oversight of agitator system repair work · Primary oversight of filter basin painting and concrete repairs · Primary oversight of backwash pump installation Compensation to the CONSULTANT Compensation for professional consulting engineering services as described herein is estimated at $8,746. Compensation for services shall be in accordance with Article vn.A.2 of the AGREEMENT. Exhibit A attached presents a breakdown of the estimated labor and expense charges per the Agreement. DFBI 00 1 46B9.DOC CH2M HILL SERVICE AUTHORIZATION ~ DATE: Julv 13. 1995 PAGE.,¿ OF .J Project Schedule The CONSULTANT agrees to perfonn the services described herein within 60 calendar days ITom receiving written authorization from the City, unless otherwise extended by the CITY. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encom- assed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may tenninate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. . Approved by: CITY OF DELRA Y BEACH: L, me. (Corporate Seal) Date: . THOMAS E. LYNCH MAYOR Attest: STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument as acknowledged before me this 1ß. day of Approved as to Legal ill5by John F. Curtiss, Ice resident, Sufficiency and F onn Manager South Florida Operations, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He is personally known to ~~ did 1- tto an oath. .. 1-1 }d1c.ð<f Bobbie WiIco Notary Public State of Florida (Seal) ~\ BOBBIE J. WILLCOX .:it' COMMISSION" CC 483753 DFBIOOI46B9.00c ~ ~ EXPIRES JUN29. 1999 OF \OJ 8OHo£o THfIu ATLANTIC BONDING CO., INC. - - 0 0 0 CO 0 ~ \() 0 N 0 0 0 0 0 ~ ~ 0 0 0 0 0 0 0 0 ~ ~ 0 8 ~ ~ .Ii 40IIt 40IIt 40IIt \() V'I 0'1 40IIt ~ N 40IIt 40IIt 40IIt 0'1 40IIt 40IIt 40IIt V'I r- 40IIt 40IIt 40IIt 40IIt - r- - co rr'I V'I ~ «"'l 40IIt 40IIt - r- 40IIt 40IIt ..; 40IIt 40IIt 40IIt .... 40IIt . oÕ r- - - t{: .... .... 40IIt 40IIt .... 0 0 ~ 40IIt 40IIt ClIO a 0 a 40IIt to- ~ a a r:: .i \0 Æ ~ r:: ~ ~ a = ~ :! ! .,-¡ - '"' . :æ .8~ i ~1 0 0 0 ~ 40IIt 40IIt 40IIt . ." 'JE- . ; «I .5 r:: .. .S! ~ 0 0 0 .. ! .... .... 40IIt ¡¡¡ f"¡ ~ <~ .. «I - ;9=æ 0 0 0 ~ 40IIt 40IIt 40IIt ~~ ø.. ~ ~ N .. 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'" a ... ... .! 1 ~ .. u:: ] '" ] Q) '"' .c § 1 ~ ~ .~ 8 0 0 0 0 '€ 0 C,) j e '" ~ s ... ~ "0 $: :s Q) 13 '5 '5 "0 '5 's u:: .~ ! e ~ - C,) e e e j ~ ~ I~ 3 '" ''is ct õ :> Q) 10 «I 0 ~ 0 0 ~ ~ !XI fI) 0.. fI) fI) 0.. 0.. fI) U .= ..J U ø.. æ u z ¡¡., Q , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9· II· - MEETING OF AUGUST 15, 1995 CONTRACT ADDITION (C.O. #13) WITH CHAZ EQUIPMENT COMPANY, INC. FOR EMERGENCY REPAIR IN BASS CREEK DATE: AUGUST 11, 1995 This is before the Commission to consider Contract Addition (C.O. #13) to Chaz Equipment Company, Inc. for the removal and replace- ment of an existing deteriorated 36" storm sewer pipe, within the Bass Creek Subdivision. The deterioration of the line caused infiltration of fill material into the pipe and caused the surrounding area to erode, endangering adjacent houses. One other bid in the amount of $28,500 was received from Johnson-Davis, Inc. The amount bid by Chaz Equipment Company, Inc. was $28,189. Funding is available from Other Contractual Services (Account No. 448-5411-538-34.90) . Recommend approval of Contract Addition (C.O. #13) to Chaz Equipment Company, Inc. for emergency removal and replacement of the 36" storm sewer pipe in the Bass Creek Subdivision. Agenda Item No.: 911· AGENDA REOUEST Date: August 10, 1995 Request to be placed on: --X-- Regular Agenda _____ Special Agenda _____ Workshop Agenda When: August 15, 1995 Description of item (who, what, where, how much): Staff reauests Citv Commission to approve ~. Contract Addition (C.O. 113\ to Chaz Eauipment Companv. Inc. for the emeraencv removal/replacement of an existina deteriorated 36" storm Sewer Pipe. between lots 697 and 698. in the Bass Creek subdivision (proiect No. 92-02\. The deterioration of the line has caused infiltration of fill material into the pipe and caused the surroundina areas to erode . endanaerina adiacent houses. The price from Chaz included all labor. eauiPment and materials to remove/replace the pipe. dewaterina. bv-pass pumpina. traffic maintenance and surface restoration to a like or better condition. The amount of Contract Addition (C.O. #13\ is for S28.189.00. One other bid was received bv Purchasina for this work. A price of S28.500.00 was received from Johnson-Davis. Inc. Fundina for Contract Addition (C.O. 113\ is from 448-5411-538-34.90. Other Contractual Services for S28.189.00. ORDINANCE/RESOLUTION REQUIRED: Recommendation: Staff re Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review ~ired on all items involving expenditure of funds): Funding available: YE /NO Funding alternativ ~i~a~ ~ Account No. . De.~tion44X'-9ItI-'S~. ~, \)\1 U/ vy .' , Account Balance 1. S?J City Manager Review: Approved for agenda: ~/NO r~1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved File:AG202810.MRM . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: D~n Beat~y, P.E~~ C1ty Eng1neer - DATE: August 10, 1995 SUBJECT: Road Reconstruction Plan (Projects East of the Intracoastal Waterway) Project No. 92-02 Contract Addition (C.O. #13) to Chaz Equipment Co. , Inc. Attached is an Agenda Request for Commission approval of Contract Addition (C.O. #13) to Chaz Equipment Co., Inc. on the above referenced project. It is for the removal/replacement of an existing deteriorated 36" storm sewer pipe, between lots 697 and 698, within the Bass Creek Subdivision (see attached map). The deterioration of the line has caused infiltration of fill material into the pipe and caused the surrounding area to erode endangering adjacent houses. The price from Chaz includes all labor, equipment and materials to remove/replace the pipe, dewatering, by-pass pumping, traffic maintenance and surface restoration to a like or better condition. The amount of this Contract Addition is $28,189.00. One other bid was received by Purchasing for this work. A price of $28,500.00 was received from Johnson-Davis, Inc. Funding is available from 448-5411-538-34.90, Other Contractual Services, $28,189.00. DB:mm cc: William H. Greenwood, Dir. of Environmental Services Howard Wight, Dep. Director of Construction Dick Hasko, P.E., Deputy Director of Public utilities Mike Offie, Supt. Water/Sewer Network File: Memos to City Manager DB202810.MRM , CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CONTRACT ADDITION CHANGE NO. 13 PROJECT NO. 92-02 DATE: PROJECT TITLE: Roadwav Reconstruction Plan (proiects East of the Intracoastal Waterway) TO CONTRACTOR: Chaz Eauinment Company, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Replace existing 36" storm sewer pipe, between lots 697 and 698, in the Bass Creek Subdivision (see attached location map) . Chaz Equipment, Inc. to complete the installation; including, but not limited to clearing/pavement removal, excavation, wellpoint dewatering, removal and disposal of existing pipe, by-pass pumping, traffic maintenance and surface restoration to a like or better condition. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,349,381. 45 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 575,353.50 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,998,641.39 COST OF CONSTRUCTION CHANGES THIS ORDER $ 28,189.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2,026,830.39 PER CENT INCREASE THIS CHANGE ORDER 2.1% TOTAL PER CENT INCREASE TO DATE 44.4% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate CHAZ EQUIPMENT COMPANY, INCORPORATED (Sign and Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 442-5178-536-61.84 DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: William H Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk F i l e: C0202811.MRM " , V (r~". _-~>,: -~.~'.'T a:: r---~'~;~~~~::~f~:'~-f:· w f- ........n....____ Z I ADLY"Cf-¡ - 4.'2. p:;:. -:1;:. 1<- ____u_n.__~...u..._ .;,\:-.N7~m '.'!'. r--·-- FJ:K. ':IG. :] ~ 3 ., I ¡---------------.--. I ¥~.___n__ //~ f) ....8fo(" ";f9. ;:>¡~. ~ "I í Y!S . I .M t-, J;', ''I'A 'F.'R'¿;:> > ;~. l M S ....#' .~ ~ (j ;' ... -' ~ cQ ,~'?- - .. r< A .,. >¡ FJ.,Çl- I i!,>¡ ,. '--... ... ~¡' ..-..-- '" .... "'uno ^" ___MUM N ------ N ~ I . 01{ RECE\VED ~ MEMORANDUM AUG \ 0 1995 MEMO TO: David T. Harden. City Manager ~ - -.. ,,' , :.. FROM: Richard W. Corwin, Deputy Director of lic Works DATE: August 9, 1995 SUBJECT: BASS CREEK EMERGENCY STORM SEWER REPAIRS There is a utility easement for our storm sewer on Fulmar Drive in Bass Creek that is located between two homes with swimming pools. The existing 135 ft. of 36 inch corrugated pipe has deteriorated and crushed creating potholes in the yards. These potholes are in close proximity to the two swimming pools. If we do no t make immediate repairs, there exists the possibility of pool damage. Rather than chance further deterioration, I recommend replacing the pipe immediately with concrete pipe. . Chaz Equipment Co. is currently under contract to make repairs on sanitary lines for the Utilities Division. Their estimate for this project is $28,189. Johnson and Davis submitted a quotation for $28,500. I recommend Chaz Equipment because of the lower quotation, they are on site and can proceed immediately to make repairs. This estimate includes removal and replacement of the existing sidewalks and the removal of vegetation. ôO We are transferring $18,937.57 from Account #448-5411-538-31.~- Other Professional Services to Account #448-5411-538-34.90 - Other Contractual Services, to fund this repair. With your approval we will proceed with the project . RC/sdl cc: Robert Barcinski, Assistant City Manager REF: RC 80995A.MEM . · DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: JOE SAFFORD DIRECTOR OF FINANCE FROM: DAN BEATTY, P.~ CITY ENGINEER ~~ DATE: AUGUST 9, 1995 SUBJECT: LIQUIDATION OF FUNDS P.O. NUMBER 512793 - - - - - ~ - ~ - - - - - - - - - - - - - - - - - - - - - - - - - On September 29, 1992 Service Authorization No. 11 was approved to Hazen & Sawyer, Inc. in the amount of $ 35,000.00 for general consulting services relating to the National Pollutant Discharge Elimination System. Subsequently P.O. Number 512793 was issued for the $ 35,000.00. The total amount of work completed under this service authorization is $ 16,062.43 with the last invoice on July 21, 1993. Please liquidate the remaining $ 18,937.57 on this P.O. as there will be no additional work under this service authorization. Also, attached is a budget transfer for the $ 18,937.57. Thank you. DB:kt Encl. cc: Scott Solomon, Supt. of Streets File: Memos to Joseph Safford, Director of Finance DBJS89.KT / , . ()!{ RECE\VED t4 MEMORANDUM AUG , 0 \995 MEMO TO: David T. Harden. City Manager ~ . -" "" ic:. FROM: Richard W. Corwin, Deputy Director of lic Works DATE: August 9, 1995 SUBJECT: BASS CREEK EMERGENCY STORM SEWER REPAIRS There is a utility easement for our storm sewer on Fulmar Drive in Bass Creek that is located between two homes with swimming pools. The existing 135 ft. of 36 inch corrugated pipe has deteriorated and crushed creating potholes in the yards. These potholes are in close proximity to the two swimming pools. If we do not make immediate repairs, there exists the possibility of pool damage. Rather than chance further deterioration, I recommend replacing the pipe immediately with concrete pipe. Chaz Equipment Co. is currently under contract to make repairs on sanitary lines for the Utilities Division. Their estimate for this project is $28,189. Johnson and Davis submitted a quotation for $28,500. I recommend Chaz Equipment because of the lower quotation, they are on site and can proceed immediately to make repairs. This estimate includes removal and replacement of the existing sidewalks and the removal of vegetation. We are transferring $18,937.57 from Account #448-5411-538-31.90 - Other Professional Services to Account #448-5411-538-34.90 - Other Contractual Services, to fund this repair. With your approval we will proceed with the proj ect . RC/sdl cc: Robert Barcinski, Assistant City Manager REF: RC 80995A.MEM ..' M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~t SUBJECT: AGENDA ITEM :I ~:z:. - MEETING OF AUGUST 15. 1995 APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD DATE: AUGUST 10, 1995 The term of Richard Sheremeta (engineer) will expire on August 31, 1995. Mr. Sheremeta was appointed to his initial term in August, 1993. He is eligible and would like to be considered for reappointment. The attendance record is 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 or a registered civil engineer. The term is for two (2 ) years, beginning September 1, 1995, and ending August 31, 1997. The following individuals have submitted applications for the position of architect/engineer: John G. Baccari Richard Brautigan Gary Eliopoulos Henry Heller David Martin Richard Sheremeta (incumbent) Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The appointment will be made by Commissioner Smith (Seat #1). Recommend appointment of a member (architect/engineer position) to the Site Plan Review and Appearance Board to a term ending August 31, 1997. ref:agmemo1 , SITE PLAN REVIEW AND APPEARANCE BOARD 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee Patty M. Andrews PIp pIp PIP pIp PPP pIA P Richard Mouw PIP PIP EIP PIP PPP pip P Charles Toth PIP' PIp PIP AlA PPP piP P Daniel T. Carter PIP PIE PIP , pIp PPP pip P Mark Little PIP P!P PIP Alp PPP PIP P Richard Shererneta Pip PIP PIP PIP PPP Alp P John Weaver Pip PIP PIP PIA PPP pip resj gned . . . , " . '. - .. SITE PLAN REVIEW AND APPEARANCE BOARD 1994 ) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ! Gene D. Fisher AlP pIp pIp PIp Ex/p PPP pIp AlP Of Bo rd Richard Mouw pIp pIp pIA Ex/p pIp ExPP pIp PIP PIP PIE> PIp PIP Richard Sheremeta PIP pIA pIp pIp plEx PPEx PIP PIP PIp PIE> pip PIP < , I Jess Sowards PIP Alp pIp pIp plEx PPP pIp PIP Of BOé rd ! ¡Debora Turner Oster PIP PiA pIp Ex/p pIp PPEx PIP PIP Of BOé rd ; ¡John Weaver PIP pIp pIp Ex/p pIp PPP PIE'}/, PIP PIP pip PIP P/Ex I ! Mark Little PIP pip pIP p/Ex pIp PPP PIP ~ PIP PIP pip PIP Pip . I . Patty M. Andrews ( ppnt 8/9~) ~ PIP Ex/F PIP PIP ! Charles Toth ( ppnt 8/9~ PIP pip P/Ex P/Ex Daniel Carter ( ppnt 9/9~) P piP PIP PIP I J ¡ . atten.doc ) · .. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ c¡ J - MEETING OF AUGUST 15, 1995 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD DATE: AUGUST 10, 1995 At the August 8th regular meeting, Commissioner Ellingsworth appointed Betty Diggans to the Historic Preservation Board for a two year term beginning September 1, 1995, and ending August 31, 1997. Ms. Diggans has advised that she must decline the appointment at this time. In view of this, there remains a vacancy on the Historic Preservation Board. 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. Also, they shall have knowledge, experience, judgment and background, with personal or professional interest or experience in historic restoration and preservation. They will have the ability and desire to act in the public interest and represent, insofar as possible, the various personal and professional interests required to make informed and equitable decisions concerning the preservation, conservation and protection of historic districts and structures. The term is for two (2 ) years, beginning September 1 , 1995, and ending August 31, 1997. The list of applicants is attached. Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The appointment will be made by Commissioner Ellingsworth (Seat #3) . Recommend appointment of a member to the Historic Preservation Board to a term ending August 31, 1997. ref:agmemo2 . Appointment to the Historic Preservation Board City Commission Regular Meeting of August 15. 1995 The following persons have submitted applications for your consideration: Bonnie Ansbacher (also applied for SPRAB) Janet Baron (also applied for BOA) Richard Brautigan (also applied for SPRAB and BOA) Robert Brewer (also applied for SPRAB) Ronald Brito (also applied for P&Z, SPRAB, BOA and BCA; owns property in Delray Beach) David I. Cohen (has applied for any board) Frank Comisso (also applied for P&Z) Anthony Damiano (also applied for P&Z) Joseph Farkas (also applied for P&Z) Alice Finst John L. Frysinger Louis G. Glesmann, III (also applied for SPRAB) Patricia Healy-Golembe Susan Hurlburt Rebecca Jennings Marjorie Miller Frank A. Rozzo Thuy Shutt (also applied for SPRAB) . HISTORIC PRESERVATION BOARD 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec James "Buck" Miller P PIP PIP pip piP P P EIP PIP pIp A/A : Betty P. Devitt P resi ned Vera R. Farrington P - PIE Elp pIP AlP P P Julie Morgan P E/P pip Alp piP A P Charles Williams E E/P pip AlP PiA P P John Vaughn P PIE pIp pIp pIA P P Cecil "Sandy" Jamison P PIP pip pIA pIP A P John Johnson (appnt 6/95) P . . . ." . . " . '. ..<0 1994 . HISTORIC PRESERVATION BOARD Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec I . ì I Marjorie A. Miller : P . AlP Pip PIP RE~ IGNE1 I I I 0 Sandy Jamison p Alp pip ,. piP Ex/l P A/P P I Þ PIP iP/Ex .. .' Charles Williams P pip Alp Ex/F pip P PIP I P ! P PIP ¡PIP I i John Vaughn P PIP PiA piP pip P PIp P , Ex PIP Exlp I Christine B. Bull P piP Pip PIEx piP P PIP of-i; Boarti i Daniel H. Carter p pIA pIp ê pIp P!P P PIP Offl Boarh ~ ~ I Qí . James "Buck" Miller P pIp pip· p!p PIP Ex PIP P P PIP PIP . ::E: Julie Morgan (appnt 8/94 0 P I P PIP PIP z I Vera Farrington (ap nt 8 94) P ! P PIP PIEx Betty P. Devitt (ap nt 81 94) P Ex PIA PIP ! I I at ten. doc qjG. 15.1995 lØ:03~~ ~ 1 . " ¡:'RJ'1 : GR I ~4G:....E WHERry WHEAT REAL TORS PHONE NJ. : 407 278 85gB ~- - .-- - -----~-- -- ~---~- - ..-- --.--. ---- ------ -- ------- - -- - -- -- ~--- ~ -------- --- - -----...- -------- r GRlNGLE, DOHERTY & WHEAT, INC. I REALTORS \ í . , } DATE: f /111'5 , . TIME: /0 It- Jf1 FAX N: (407)278--8688 TO: : ·.Ia.-r ~ COMPANY: FAXj= ! PHONE .: COMMENTS: ~~ ~Æ~-I¡ WJ"b ~ #7' d, ~~ 7ï .~ ~ ¿h.../, ~¿, da ~ ~ I~ ~.a+~ ~~_~ a. ~"'-G.c- ~, 4 ~ ~ ~.I_.;.-cJ . . .~ TOT AL PAGES S~'T / (INCLUDING COVER PAGE) .. · M E M 0 R A N D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 0fl1 SUBJECT: AGENDA ITEM # 91(· - MEETING OF AUGUST 15. 1995 APPOINTMENTS TO THE BOARD OF ADJUSTMENT DATE: AUGUST 10, 1995 The terms of Cheryl Lee-Bennett and Robert Puzey as regular members on the Board of Adjustment will expire on August 31, 1995. Ms. Lee-Bennett was appointed to her initial term in August, 1993. She is eligible and would like to be considered for reappointment. At the August 8th regular meeting I Mr. Puzey was appointed to the Planning and Zoning Board by Dr. Alperin. In addition, C. Lee Wilder, Jr. was reappointed as an alternate member on the Board of Adjustment by Dr. Alperin on August 8th. Mr. Ellingsworth postponed his appointment of an alternate member to the August 15th regular meeting, along with Mrs. Smith's appointment of a regular member. The attendance record is 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 11 1995, and ending August 31/ 1997. The list of applicants is attached. Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The appointments will be made by Commissioner Smith (Seat #1) for a regular member, and Mr. Ellingsworth (Seat #3) for an alternate member. Recommend appointment of a regular member and an alternate member to the Board of Adjustment to terms ending August 31/ 1997. ref:agmem03 - . Appointments to the Board of Adjustment City Commission Regular Meeting of August 15. 1995 The following persons have submitted applications for your consideration: Donald Allgrove John G. Baccari Janet Baron Richard Brautigan Ronald Brito David I. Cohen Anne Hoctor Russell B. Jennings (incumbent/alternate member) Leo Koppman Cheryl Lee-Bennett (incumbent/regular member) Janet Phipps Benjamin F. Ricker, III Sidney Soloway William Stone Leonard Syrop . - , BOARD OF ADJUSTMENT 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oet Nov Dee Michael G. Park p Robin Bird p Earl R. Hahn P Robert Puzey Ex Cheryl Lee-Bennett p : Alternates C. Lee Wilder, Jr. Ex Russell Jennings Ex . . - . . BOARD OF ADJUSTMENT 1994 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee Robert Puzey P P P Ex P I P ¡ p- Michael Eisenrod . p P P P P I Off ~oard , Cheryl Lee-Bennett A P .Ix P P P P Michael G. Park P P P P I P P P J Jon Levinson P p P Ex I P Off } oard , eg E p P P P P I Robin Bird (appnt /94 ! ; Earl R. Hahn (appnt B/9~) p Ex .' ! I ¡ Alternates ¡ ! \ Lee Wilder (appnt ':5/94) ¡ P I Russell Jennings ( ppnt B/9L) p \ I ] ~ ! ¡ I I I i I ,;- . i atten.doc M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'Jt1 SUBJECT: AGENDA ITEM i 91- - MEETING OF AUGUST 15. 1995 APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS DATE: AUGUST 10, 1995 The term of John Henderson (general contractor) on the Board of Construction Appeals will expire on August 31, 1995. Mr. Henderson was appointed to his initial term in August, 1993. He is eligible and would like to be considered for reappointment. The attendance record is 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, 1995, and ending August 31, 1997. The list of applicants for the general contractor position is as follows: Ronald Brito John Henderson (incumbent) Dominick Sarlo Leonard R. Sheppard Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The appointment will be made by Commissioner Smith (Seat #1). Recommend appointment of a member (general contractor position) to the Board of Construction Appeals to a term ending August 31, 1997. ref:agmem04 . , BOARD OF CONSTRUCTION APPEALS 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Daniel T. Davis P Arthur King P Michael Kilbourne p Murray Gold p Joseph Pike p John Henderson Ex Daniel T. Hess Ex Roy M. Simon p . . Donald MacLaren Ex . ( .' . BOARD OF CONSTRUCTION APPEALS 1994 Jan Feb Mar Apr May Jun Ju1 Aug Sep Oct Nov Dec John Gwynn A p I Off boar - ! William Koch, III P P Off boar Richard Morris P p Off boar j Arthur King P p P P , Roy Simon P Ex P P Mark Little (resi ~ned) Daniel P. Hess P . P P P . . John Henderson P P Ex P : Joseph Pike P P Ex P ! I !)on MacLaren P P P P Murray Gold (appnt 8/94 P P i Daniel T. Davis (a g/94) P I pnt P ! Michael Kilbourne appn 8/9 þ) P P . ¡ : i atten.doc. . . [IT' OF DELRA' IEA[H DElRA Y BEACH f LOR lOA tw.e.d 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000 AlI·America City , III I! MEMORANDUM 1993 DATE: August 11, 1995 TO: City Commission FROM: David T. Harden, City Manager SUBJECT: Bid Award for Police Uniforms Attached is the bid tabulation, staff recommendation, and specifications for the Police uniform bid. As you can see, the Police Department has recommended awarding to Harrison Uniform Company. This recommendation has been concurred in by Purchasing and by the City Attorney's office because none of the other bidders bid the light weight pants called for in the specifications. When we have six bids submitted by five different companies, I am loathe to recommend awarding the bid to the high bidder. Unfortunately, the second highest bidder states that he thought the weight of pants specified was a typographical error. This is understandable since the detail specifications which begin on page 10 of the invitation to bid contain innumerable typographical errors. Nevertheless, the vendor should have inquired and not made assumptions about what we wanted. I have inquired of the City Attorney's office whether we could split the award, rather than buying everything from the highest bidder. The City Attorney's office advises that given the way the invitation to bid is written, that splitting the bid would not be possible. I am also concerned that the specifications are written in minute detail based on Harrison Uniform's specifications. Our specifications are not performance specifications, they are detailed technical specifications. The City Commission would be on sound legal grounds to award the bid to Harrison Uniforms. Another factor to consider is that Harrison Uniforms is the only bidder located in Palm Beach County and they have given us excellent service when they have had had our contract from time to time. Nevertheless, my recommendation would be to reject all bids again and allow us to completely rewrite the specifications and solicit new bids. DTH/mld @ THE EFFORT ALWAYS MATTERS 9.11· on ReClcled Papor . . Agenda I tern No. : 911- AGENDA REQUEST Date: Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: August 01, 1995 Description of agenda item (who, what, where, how much): Bid Award - Bid #95-48 Purchase of Uniforms For Police Department. Award To Harrison Uniforms at estimated annual cost of $42,710.75. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Harrison Uniforms at an estimated annual cost of $42,710.75. Fund in From Police De artment's pepart,ment Head City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): ~ Funding available, ~ NO . Funding alternative,. '1~ .f~~WJ!ilt¡L Account No. & Descr~pt~on: l/ trL Account Balance: ~ City Manager Review: t/01 ~~'"" Approved for agenda: ~/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . , . M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer DATE: July 26, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - AUGUST 01, 1995 - BID AWARD - BID #95-48 PURCHASE OF UNIFORMS FOR POLICE DEPARTMENT Item Before Commission: The City Commission is requested to approve the award for the purchase of uniforms for the Police Department to Harrison Un iforms, the most responsible, responsive bidder meeting all specifications and requirements, at an estimated annual cost of $42,710.75. Background: Bids were received on July 10, 1995, from five (5) vendors all in accordance with City's purchasing procedures. (Bid #95-48 on file in the Purchasing Office.) A tabulation of bids is attached for your review. The bi d specifications clearly states tha t the Bidder sha 11 submit with their bid submittal a sample of uniforms they were bidding on, and if offering alternate or equal product, they sha 11 include a detailed listing of variances. The Police Department and City Attorney's Office have reviewed the bids, exceptions to the specifications, and samples provided, and recommend award to Harrison Uniform Company, per attached memos. Recommendation: Staff recommends award to Harrison Uniform Company at an estimated annual cost of $42,710.75. Funding from department's various operating budget. Attachments: Memo From Delray Beach Police Department Memo From City Attorney's Office Tabulation of Bids cc: David Junghans, Administrative Officer . . TABULATION OF BIDS CITY OF DELRAY BEACH BID 1195-48 PURCHASE OF UNIFORMS - POLICE DEPT. Item Description Qty. Gold Nugget d/b/a Lou's Gunshop And Lou's Gunshop And II Argo Uniform Co. Inc. Police Supply Police Supply 1. Short Sleeve Shirt: (a) Male 600 17.93 / 10,758.00 18.30 / 10,980.00 21.00 / 12,600.00 Oversizes 50 21. 52 / 1,076.00 22.85 / 1,142.50 25.06 / 1,253.00 (b) Female 70 17.93 / 1,255.10 18.85 / 1,319.50 20.88 / 1,461.60 Oversizes 20 19.72 / 394.40 22.62 / 452.40 25.06 / 501. 20 2. Long Sleeve Shirt: (a) Male 310 21. 46 / 6,652.60 22.02 / 6,826.20 24.80 / 7,688.00 Oversizes 30 23.61 / 708.30 26.40 / 792.00 27.50 / 825.00 (b) Female 35 21. 46 / 751.10 22.02 / 770.70 24.80 / 868.00 Oversizes 10 23.61 / 236.10 26.40 / 264.00 27.50 / 275.00 3. Trousers: 20.60 / 5,150.00 21. 90 / 5,475.00 (a) Male 250 19.93 / 4,982.50 . I Oversizes 20 21. 92 / 438.40 23.75 / 475.00 24.20 / 484.00 (b) Female 35 19.93 / 697.55 20.60 / 721. 00 21. 00 / 735.00 Oversizes 10 21. 92 / 219.20 23.75 / 237.50 24.20 / 242.00 4. Police Uniform Jacket: . 55 93.00 / 5, 115.00 90.00 / 4,950.00 90.00 / 4,950.00 Oversizes 5 102.30 / 511. 50 108.00 / 540.00 108.00 / 540.00 GRAND TOTAL BID $ 34,620.80 $ 37,897.80 $33,795.75 Comments/Exceptions: Elbeco IIZ3314-3 III & 2 - Clifton Horace Small 11909 113 - SWS Elbeco Fechheimer 1158120 114 - Elbeco Samples Submitted Samples Submitted No Detailed Specs. No Detailed Specs. Submitted with bid. Submitted with Bid. . , . TABULATION OF BIDS CITY OF DELRAY BEACH BID 1195-48 PURCllASE OF UNIFORMS - POLICE DEPT. Item Description Qty. .T.R. Manno Uniforms Concept One Police Harrison Unifrom CO. I! Inc. Supply, Inc. 1. Short Sleeve Shirt: 21.95 / 13,170.00 21.00 / 12,600.00 22.85 / 13,710.00 (a) Male 600 Oversizes 50 24.14 / 1,207.00 23.00 / 1,150.00 22.85 / 1,142.50 (b) Female 70 21. 95 / 1,536.50 21. 00 / 1,470.00 22.85 / 1,559.50 Oversizes 20 24.14 / 482.80 23.00 / 460.00 22.85 / 457.00 2. Long Sleeve Shirt: (a) Male 310 23.95 / 7,424.50 23.00 / 7,130.00 .24.85 / 7,703.50 Oversizes 30 26.34 / 790.20 25.00 / 750.00 24.85 / 745.50 (b) Female 35 23.95 / 838.25 23.00 / 805.00 24.85 / 869.75 Oversizes 10 26.34 / 263.40 25.00 / 250.00 24.85 / 248.50 3. Trousers: 21. 00 / 28.90 / 7,225.00 (a) Male 250 22.95 / 5,737.50 5,250.00 , Oversizes 20 25.24 / 504.80 23.00 / 460.00 28.90 / 578.00 (b) Femal~ 35 22.95 / 803.25 21. 00 / 735.00 28.90 / 1,011. 50 Oversizes 10 25.24 / 252.40 23.00 / 230.00 28.90 / 289.00 4. Police Uniform Jacket: 110.00 / 6,050.00 118.85 / 6,536.75 . 55 55.95 / 3,077.25 Oversizes 5 61. 54 / 307.70 121. 00 / 605.00 118.85 / 594.25 GRAND TOTAL BID $ 36,395.55 $ 37,945.00 $ 42,710.75 Comments/Exceptions: : Southeastern Shirt Co. Liberty 761 MNV - Long Fechheimer 12020, Horace Small Mfg. Co. Sleeve Shirt, Liberty 12021, 12030, 12000, 909 Pants 771MNV - Short Sleeve 12010, 12001, 34200, Chill Chaser Jacket Shirt 34250. 58120, 32740 Samples Submitted Fechheimer 3900/3933 - Samples Submitted. Detailed SpecificationE Navy Trousers Detailed Specs. Submitted with bid. Fechheimer Ultra 2000 Submitted with bid. - Jacket Fechheimer 32740 - Liner Samples Submitted Detailed Specs. Submitt- ed with bid. , i ! . O;l:!I)/H5 II'E1> 09:1)7 FAX 407 :!78 4755 DEL BCn Cn: A'fTY [4J oo~: . £ITY OF DELRAY IEA[H '.". CITY ATTORNEY'S OFFICE 200 NW hi AVENUE' DELRAY BEACH. FLORIDA 33444 FAC$IMILE 407/nS.4755 writer's Dit~ct Lille:: (407) 243-709l DELRAY BEACH "e r 1 0 . I J) A ..... l\iEMORANDUM AII·Amerlca Cia, , , III! DA 1t July 26, 1995 1993 TO: Jackie Rooney, Seruor Buyer {\-~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Uniform Bid Contract for Police Department I have received the catalog specifications sent by the Police Department and it appears that Harrison Uniform Co. is the only bidder to offer the pants in the material weight requested on the bid documents by the Police Department specifications. cc: David Junghans @ Printed ()f1 Recycled P¡~I'Qr . DElRAY BEACH F l 0 . I 0 "- Delray Beach Police Department Dad All-America City 300 West Atlantic Avenue · Del ray Beach, Florida 33444-3695 , , III! (407) 243-7888 Fax (407) 243-7816 1993 MEMORANDUM ':" .. . ¡(' TO: City Manager David T. H THRU: Finance Director FROM: Captain Alberto M. Melis Acting Chief of Police DATE: July 24, 1995 SUBJECT: POLICE UNIFORM BID The Department has reviewed the five (5) bids submitted for consideration to the City. The Department has selected Harrison Unifonn Co. as the only company meeting all the requirements of the bid specifications. In every case the other four (4) bidders failed to bid the type of pants, male and female, the Department specified in the bid package. Our requirements clearly call for an 8 to 8 1/2 ounce liner yard pant, page 14, paragraph 1. Harrison Unifonns is the only vendor who bid the pants we require. Should you or any member of your staff have any questions, please contact David Junghans, x7852. DJ/ppt , IÓ~ o~ ¡j~-vU ð J/ Ocf/l5-- RECEIVED F 126m " 7t¿~ 7?o~ I ~ ~ AUG - 6 J995 CITY MM I' - -~'(' ( :FICE ~Jrfd: ~ ~- O~ß¡J-I /~ T~ h ßuuu'~ /7l~ ~ C)--¡(- /J1~ ~ ~ ?/7/r) 3; 2° r:/71~ I( /ù. ~. ô ~ {þ<- ð' - cf ~ ö¿_ ~ ~ ~ ~ lh- ð~f~ óz-. ~~ ~.~ . ~~t :]( T~Å ~ a-t ~ ¿J;v¿ ~ J/J/C¡ s- aT //,'{JJ A-/'/t.- cr ß--tJ ~ W /(7) ò~ I ~ ; J: h~ ~ f-Jp ð~~ Ú -~ ~' OA.- () ~µ -~-~ ~ ~ ç~ ' :x~. dJ t?thik lAeU ~ JlJ éH- ~ k;f ~, If '(r.lO--rn cuUz Á .~ plÞ ~ Vv~ 0 ~) a-<¿ J C1--rÆ. tZ. fÆ~ ~~, 'f cc: ~ /?~ , , . I()~ o~ ¡jtÞ~-.A-J ðJ/ ðd/Ý 5-- RECEIVED F 126m', , T~ 7?~1 ~~ AUG - 8 f995 CITY MM" --.....C' nrFICE .., ~r ~ £J - O~ £)'¡j-f ( /' T~h ~/71~ ~ C)'-¡1. /J1~ ~ &--r'-- ?/7/r) 3: 2° ¡:::/l1~ liji)ó ~ ~ cf' - cf~ ó¿ ~. ~ ~ z¡k ð-fJ! ÓZ-, ~~ o.-i Þ ~~~~ 2( 7~à ~ d ~ Ô/L( D-Y1-- J-/J /r¡ ) a7 //,'{)t! ,4../'Jt- (( hJ he w /17f ó<:.. , ~ ,- :£ ~ -rJû- f-Jþ ðG; ~ ~ ~I OA- () ~~-ð-~ ~ ~ t?~ t J- ~ "VLß t?~ 1.IwJ r ..AJ &--><.- ~ ~ ;?M, q r(? I ~ OJJ-iz Á ~ ;t:IlÞ A¿/Øc vu~-t:f (] ~ ) ,{;0(¿ J ~ ~ f~~ ~~.'r CC: ~ Æ~ , , . INVITATION TO BID CITY OF DELRA Y BEACH PURCHASING OFFICE / 100 NORTHWEST FIRST AVENUE DELRAY BEACH, FLORIDA 33444 (407) 243-7163 --------------------------------------------------------------------- BID NO. 95-48 DATE: June 23, 1995 PURCHASE OF UNIFORMS FOR POLICE PEP ARMENT --------------------------------------------------------------------- BIDS MUST BE RECEIVED ON OR BEFORE Monday, July 10, 1995 PRIOR TO 3:00 PM at: which ti~ all bids viii be publicly opened and read. . INVITATION TO BID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SEALED BIDS: Sealed bids wi II be received in the Purchasing Office untf f the date and time as Indicated above. Bids will be opened publicly in City Hal I and al I bidders and general public are invited and encouraged to attend. All bids sha I I be submitted in sealed envelopes, mai led or de II vered to the City of Delray Beach, Purchasing Office, 100 Northwest First Avenue, De I ray Beach, Florida 33444. Outside of envelope shall plainly Identify bid by: BID NUMBER, TITLE, AND DATE OF BID OP E N I NG . It Is the sole responsibi lity of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE COpy OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shal I be reason for termination of contract. CI1Y'S ACCEPTANCE: Unless otherwl se specified herein, the bidder will allow a m i n I mum of sixty (60) days from the last date for receiving of bids for acceptance of Its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, Informalities, Irregularities and technicalities in any bids, to reject any and all bids In whole or In part wi th or without cause and/or to accept bids that in i t5 judgement wi II be for the best Interest of the City, as further stated in paragraph 16 of General Conditions. . . GENERAl cotI)ITIONS, INSTROCTIONS NI.) INFORMATION FOR BIOOERS 1. SUBM I SS I ON AND RECE I PT OF BIDS: a. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the Invitation. b. Unless otherwise Å¡pecified, bidders MUST complete all questions and pr ice blanks in the spaces provided In this Invitation To Bid. Fai lure to do so may cause your bid to be rejected. However, you may attach supplemental information. c. Bids having any erasures or corrections MUST be initialed by bidder In Ink. Bids sha II be signed in ink. All pr Ices sha II be typewritten or filled in with pen and Ink. d. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANT I TIES OR USAGE: Whenever a bid Is so I I cited seeking a source for a specified time for materials or . services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that mayor may not be purchased from any resulting contracts. These quantities are for bidders' Information only and wi I I be used for tabulation and presentation of bid. 3. PRICES: a. Bidder warrants by vi rtue of bidding that prices, terms, and conditions quoted In his bid will be firm for acceptance for a period of sixty (60) days from the date of operlng unless otherwise stated by the City or bidder. b. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit prices quoted wi I I govern. c. Consideration In awarding bids for ter. contracts wi II be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach Is able to purchase the Items and/or services at prices less than our contract price, the successful bidder shall meet these prices and In the event of his fal lure to do so, the City of Delray Beach may negotiate for a new contract on the open market. d. The City reserves the right to purchase items on state contract if such Items can be obta i ned on the same terms, conditions, specifications and I n the best Interest of the City. e. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered In determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be cons I dered in the bid evaluation In the unit prices bid. ... DEL IVERY: a. All Items sha II be de livered F.O.B. destination, and delivery costs and charges Included In the bid price. Fai lure to do so may be cause for rejection of bid. b. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 2 . , . 5. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number Is mentioned, it is for the purpose of estab Ii shi ng a grade or qua I I ty of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL Is added. However, If a product other than that specified is bid, It is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supp II es, materials, or equipment covered by this bid shal I be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1. SAMPLES: Samples, must be furnished at the bid opening, free of expense to the CI ty and if not used In test i ng or destroyed, wi II upon request wi th i n thirty (30) days of bid award be returned at bidder's expense. rAILURE TO PROVIDE SAMPLES WILL NECESS IT ATE IN THE DISQUALIFICATION OF YOUR BID. . 8. ACCEPTANCE: The mater I al de I I vered under this proposal sha II remain the property of the seller until a physical inspection and actual usage of this material and/or service Is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully In accord wi th specifications and of the highest qua I I ty. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written ~otice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Defray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights In manufacturing, producing, or se II i ng the goods shipped or ordered as a result of this bid, and se Iler agrees to hold the City harmless from any and all I I ab I Ii ty, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: a. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. b. Whenever a bid Is sought and services secured for any type of on-site construction the awarded bidder sha II remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder sha II also secure the work site before leaving at the end of each working day. 3 . . 12. MANUfACTURER'S CERTifiCATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of al I statements made In the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Comml ss i on of the City of Del ray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as It deems appropriate Including legal act~on for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: a. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City wi II waive the cost for permits. Contractor shall pay for permits for al I other work. b. LI CENSES: If you are not , I censed to perform work in the City of Derlay Beach you MUST obtain an Occupational License before a notice to proceed wi I I be issued. c. LIABILITY INSURANCE: The CI ty prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the . City's Insurance and/or Bond requirements, PJease contact the City's Risk Management Office at (407) 243-7150. See page(s) n a for Insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: a. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLI GHT . If variations are not stated in the proposal, it wi II be assumed that the product or service fully complies with our specifications. b. Any omissions of detail specifications stated herein that would render the material/service from use as specified wi II not relieve the bidder from responsibi lity. 16. AWARD OF CONTRACT: The City of De I ray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's Interest, reject any and all Bids, to waive any and all I nforma I i ti es and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. The City reserves the right to reject any one or all Bids, or any part of any Bid, to wa i ve any informality In any Bid, and to award the purchase in the best interest of the City. Discrepancies In the multiplication of units of Work and unit prices wi II be resolved In favor of the unit price. Dlscprepancles between the Indicated sum of any column of figures and the correct sum thereof wi II be resolved In favor of the correct sum. 17 . TAXES: The City of De I ray Beach is exempt from any Sales taxe imposed by the State and/or federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 60-08-116241-54C appears on each purchase order. 18. fAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwi se, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. 4 oJ . . CITY OF DELRAY BEACH BID # 95-48 PURCHASE OF POLICE DEPARTMENT UNIFORMS ANNUAL CONTRACT SPECI FICATIONS A. PURPOSE: The purpose and intent of thi s Invitation to Bid is tQ establish an open end Contract for the purchase of uniforms for the City of Delray Beach Police Department at the most economical price. Service and Workmanship are of primary concern. Bidders with low standards for either service or workmanshi p wi 11 be judged to be non-responsible and their bids non-responsive. No bid will be accepted if its offers lower standards of material and/or workmanship than is described herein. B. NOTICE OF AWARD: It is and shall be understood and agreed that a contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awardee by the City thru its authorized office, and a purchase order shall be issued to the Bidder covering same. . Contract shall be awarded to the lowest Bidder who demonstrates compliance with bid specifications, capabi 1 i ty to perform accordi ng to the terms of the contract, and responsibility with current clients. Award of bid shall be made to the Lowest Responsible/Responsive Bidder whi ch is considered to be in the best interest of the City. Vendors must quote on all items listed on Bid Form (Schedule of Pricin,g). VENDORS SHALL SPECIFY BRAND NAME AND NUMBER ON BID FORM. All pricing should be based on INSIDE DELIVERY. Delivery costs shall be included in your bid. C. PERFORMANCE: It is the intention of the Ci ty of Del ray Beach to contract as specified herein from a source of supply that will give prompt and convenient shipment and service. Any fa 11 ure of the supplier to comply with these conditions may be cause for terminating any resulting Contract immediately upon notice by the City. D. CONTRACT TERM: Term of the Contract shall be twelve (12) month contract period commencing on or about May 01, 1995, and expiring one year thereafter. The City reserves the right to renew the Contract, per paragraph #20 of the General Conditions. E. QUANTITIES: Quantities stated are for bidders guidance only and no guarantee is given or impl ied as to quantities that wi 11 be used during the Contract period. Estimated quantities are based upon previous needs and estimated usage for the 12 month period. Said estimated quantities may be used for purposes of determining the low bidder meeting specifications by the City. F. FIRM PRICE: The City requires a firm fixed price for unit pricing stated on the Bid Form (Schedule of Pricing) for the contract period. 6 . . . Specifications Cont... G. ALTERNATES: For purpose of Bid evaluation, BIDDER(S) MUST INDICATE IN WRITING ANY VARIANCES TO THE SPECI FICATIONS, TERMS, AND CONDITIONS, NO MATTER HOW SLIGHT. If variations are not listed in the Proposal, it shall be construed that the Bid fully complies with the specifications, terms, and conditions as given herein. Bidder(s) offering alternate or equal products must include full specifications with their bid. FAIlURE TO PROVIDE SPECIFICATIONS OF ALTERNATES WILL NECESSITATE IN THE DISQUALIFICATION OF BIDS. NOTE: The use of a certain manufacturer's name and catalog name is not intended to exclude consideration of products of other manufacturers meeting the requirements for the item and whose specifications are equal by industry standards. Alternates may be acceptable if they can be proven to be better than or equal to that whi ch is specified. City staff wi 11 be the sole judge of alternates. . H. COMPETENCY OF BIDDERS: Pre-award inspection of the Bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid invitation and who can produce evidence that they have establ i shed sati sfactory record of performance for a reasonable peri od of time; have sufficient fi nanci a 1 support, equipment and organization to insure that they can sati sf,actori ly execute the servi ces if awarded a Contract under the terms and conditions herein stated. The term "equipment and organization" as used herein sha 11 be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. The City reserves the right, before awardi ng the Bid, to requi re a Bidder to submit such evidence of their qualifications as the City may deem necessary, and may consider any evidence available to the City as to its financial, technical ability and other qualifications of a Bidder, including past performance (experience) in making the award in the best interest of the City. 1. DEFAULT OF SERVICE: If conditions are present, such as "poor quality of service", which shall include but not be 1 i m i ted to, untimely delivery of uniforms, poor quality of material and failure to respond in a timely manner for measurement appointments, whi ch are factors considered by the City to be cause for termination, written notice shall be provided to the other party, and a sufficient period of time shall be given to correct the conditions. If the conditions are not corrected, within thirty (30) days of receiving written notice, then this Agreement will be terminated. 7 . , Specifications Cont.. ... J. TERMINATION: If or when the contract is terminated by either party" the City reserves the ri ght to award the Contract to the next most responsive, responsible bi dder meeting all required specifi cat ions,_ for the remaining duration of the Contract period. The City may cancel the contract upon thirty (30) days written notice for reasons other than cause. The City reserves the right to cancel the contract with the awarded vendor if delivery and service does not meet conditions and standards stated within bid specifications. The successful bidder shall not assign, transfer, convey, sublet or otherwi se di spose of thi s Contract, or of any or all of hi s or its rights, title or interest herein, or his or its power to execute such Contract to any person, company or corporation without prior written consent of the City. K. SPECIAL CONDITIONS: . 1. Bidders are asked to submit net pricing per item. Uniform pricing shall include hemming, and where applicable unhemmed products (marked on the Proposal Sheet). 2. Vendors sha 11 submit with your bid, samples of each item at the time of the bid opening. All samples wi 11 be returned, if requested, at bidders cost. Each individual sample must be labeled with bidder's name, manufacturer's name and number, and item referenced. FAI LURE TO PROVIDE SAMPLES WILL NECESSITATE IN THE DISQUALIFICATION OF YOUR BID. 3. Bidder must have a tailoring facility within Palm Beach, Dade, or Broward Counties to service the City; or is will ing to establish a facility within 90 days after an award. 4. All measurements and fittings will be taken at a mutually acceptab 1 e time, to be arranged by the Orderi ng Department and the successful bidder at no additional cost. FITTINGS SHALL BE DONE AT THE CITY OF DELRAY BEACH POLICE DEPARTMENT. Timeliness and efficiency is expected when establishing an appointment for fittings and throughout the entire ordering process. 5. Delivery shall be within ten (10) working days of the receipt of order. However, requests for exceptions from this time period for oversize items may be granted by City Staff. 6. Should the requirement for alterations to any uniforms occur dur i ng the contract peri od, the successful bi dder wi 11 furnish this service at no additional cost to the City. 7. Contractor sha 11 package all garments separately, showing contents and personnel's name. 8 . Specifications Cont... 8. All emblems shall be furnished by the Department and sewn by the successful bidder at no extra cost as requested any time during the contract peri od. If it has been decided that the contract will NOT be renewed upon expiration, all emblems are to be_ returned to the City, at no charge. 9. Delivery location for uniforms shall be: City of Delray Beach Police Department, 300 West Atlantic Avenue, Dèlray Beach, Florida, 33444. 10. Uniforms should be of the Elbeco or Fechheimer style, or approved equal. L. TERMS OF PAYMENT: Upon delivery the City shall make final inspection. IF this inspection shows that the product has been delivered in a satisfactory manner in accordance with the specifications, the Ci ty sha 11 rece i ve the same. Final payment due . the Bidder shall be withheld until visual inspection, inspection by the Department and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance sha 11 not exceed thirty (30) days. If any product has to be rejected for any reason, the Bidder sha 11 be requi red to pi ck up the product, accomplish the necessary repairs and return the product to the City. M. INFORMATION: Any questions in regards to the Detailed Specifications of this bid should be addressed to David Junghans, Administrative Officer, Ci ty of Del ray Beach Police Department at ( 407) 243-7852. Any questions in regards to the submission of your bids should be addressed to Jacklyn Rooney, Senior Buyer, Purchasing Department, at (407) 243-7163. N. JOINT BIDDING, COOPERATIVE PURCHASING AGREEMENT: State on Bid Form if you wi 11 extend the same prices, terms, and conditions to other Palm Beach, Dade, Broward, or Martin County governmental agencies. O. PUBLIC ENTITY CRIMES FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed Form SWORN STATEMENT UNDER SECTION 287. 133(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check( s) , in the space(s) provided and enclose it with the bid/proposal. However, if you have provided the completed form to the submittal address listed in this invitation and it was received on or after January 01, 1995, the completed form is not required for the balance of the calendar year. 9 . . . DETAILED SPECIFICATIONS ITEM #1: PLAIN, ZIPPER SHIRTS LONG/SHORT SLEEVE MENIWOMEN (POLICE/SUPERVISORS) l. FABRIC: 4/5 ounces per ~quare yard. 100% Tecturixed polyester with a soil release finish, Fast color guaranteed washable subject to care instructions. 2. COLLAR, STAND. AND YOKE: a) SHORT SLEEVE (MEN): There shall be a one (1) piece convertible collar points medium spread, to measure 3 1/4 inches long at points, and are topped stitched 1/4 inch trom the edge. Permanent mylar stays ultrasonically fused for precise . positioning shall be sewn inside collar so that no stitches are made through bottom leaf, collar stand and band to be die cut and interlined with dacron (#250 in collar, #300 in band). Collarband and yoke to be lined with high luster Dacron/Cotton Poplin matching color of shell fabric. b) SHORT SLEEVE (WOMEN»: A medium spread will be 33/8 inches in length and are to be top stitched 1/4 inches trom the edge. Permanent mylar stays ultrasonically fused for precise positioning shall be sewn inside collar so that no stitches are made 1hrough bottom leaf, Collar stand and band to be die cut and interlined with Dacron (#250 in collar, #300 in band). Collar band and yoke to be lined with high lustre DacronfTwill. c) WNG SLEEVE (MEN & WOMEN) A medium spread will be 33/8 inches in length and are to be top stitched 1/4 inches trom the edge. Collar height at rear 1 1/2 inches and collar stand at rear to measure 1 5/16 inches. Permanent mylar stays ultrasonically fused for precise positioning shall be sewn inside collar so that no stitches are made through bottom leaf Collar stand and band to be die cut and interlined with Cacron (#250 in collar, #300 in band). Collar band and yoke to be lined with high lustre CacronITwill. 10 . . 3. SLEEVES: a) SHORT: Sleeves are straight and whole topstitched 3/4 inches at bottom ang to finish approximately 9 inches from shoulder seam. The sleeve seam as well as the sl~ve setting seam (i.e. the seam securing the sleeve to the body of the shirt) must be a rnerrow safety stitch so as to properly strengthen the seam as well as to prevent the fabric from raveling. b) LONG: Sleeves are straight and whole top stitched 3/4 inches at bottom and to finish approximately 9 inches long from shoulder scam. The sleeve seam as well as the sleeve setting seam (i.e. the seam securing the sleeve to the body of the shirt) must be a morrow safety so as to properly strengthen the . scam as well as to prevent the fabric from raveling. The cuffs are to measure 3 inches in depth with rounded corers. Each cuff is to have two buttons and corresponding buttonholes plus a button and buttonhole on the center of each sleeve vent Cuffs are to be interlined with Dacron #300 to give body. 4. CUFFS Cuffs are to measure 3 inches in depth with rounded comers. Each cuff is to have two buttons and corresponding buttonholes plus a button and buttonhole on the center of each sleeve vent. Cuffs are to be interlined with Dacron #300 to give them body. 5. FRONT The left front shall have a enter facing 1 1/2 inches wide, extending from the collar stand to the bottom of the shirt, The center facing shall be made of the same fabric as the shirt with 2 rows of stitching 7/8 inches apart. The will be 7 buttons and buttonholes on the front, between each ell be 3 3/4 inches except the spacing between the neck button and the first button on the front will 3 1/4 inches. 6. POCKETS: To have 2 breast pockets, top-stitched 1/16 inches from the edge, with mitered comers, to finish 5 5/8 inches wide and 6 inches deep. The left breast pocket to have a pencil compartment 1 1/2 inches wide, Both pockets to have 1 1/2 inches box pleats stitches top and bottom to prevent spreading. 11 , . 7. FLAPS: Will to have 2 scalloped flaps, top stitched around the edges, to finish 5 7/8 inches in length, 2 3/4 inches in width at center, and 2 1/4 inches in width at sides. Flaps to be secured to the front of the shirt approximately 1/4 inches above pocket With 2 rows of stitching 3/16 inches apart. Left flap to have invisible pencil opening of I 1/2 inches to correspond precisely with pencil slot of pockets. The invisible pencil opening provides a uniform appearance of both pocket flaps so this feature must be incorporated in the construction of the shirt. Both flaps to be interlined with Dacron #300. There is to be a button and buttonhole sown on both flaps. The side points of the flaps are to be secured to the pockets by means of Velcro fasteners sown onto the flaps and pocket, the hook portion being stitched to the pocket and pile portion sown to the underside of the flap. The pile piece sewn to the flap must be attached during the manufacturing process before the flap is assembles to prevent the stitching from showing on the front of the flap, gripper snaps will not be acceptable. . 8. BADGE SLING: To be made of shirt fabric. A 2-ply sling 1 inches wide centered over left pocket and stitched to shoulder seam and flap setting stitch. It will 2 buttonhole eyelets approximately 1/4 inches from the top of the pocket flap, spaced 1 1/4 inches apart and entered on a sling. 9. ZIPPER FRONT: There shall be a, 15 inch for men and 12 inches for women, a Nylon zipper with a comparable colored tape sewn to the front of the shirt, replacing the second, third, fourth and fifth front buttons. These nonfunctional buttons are to be sown on top of the buttonholes on the center front facing to give the appearance of a button front shirt. 10. ELBOW REINFORCEMENT Oong sleeve): Each sleeve to have a banjo shape elbow reinforcement, manufactured £rom the same shirt fabric, to extend to the cuff seam, 11. SHOULDER STRAPS (epaulets): To be asymmetrically shaped, top stitched 1/4 inches off the edge and to be pointed at the end toward the neck. To be set on yoke with leading top stitch conforming with front joining seam. To measure 2 inches at the sleeve, tapering to 1 3/8 inches and set not more than 1/2 inch folded collar. Cross stitched approximately 2 inches from sleeve seam. 12 . . 12. THREAD: All sewing thread will be color fast polyester, with core wrap to match, 13. BUTTONS 14. The buttons use,d will be reviewed by the Department to insure they comply with our general requirements. 15. MILITARY CREASES: There shall be 5 military creases stitched in sharp military style on all shirts. One crease in each side in front, extending from the hem to the shoulder seam, but the creases are not to run through pocket or flap. Front pockets and flaps to be centered over the crease. Three vertical creases in back, middle crease on center of back, side creases spaced equally, distance form the center cease, . 16. SIZES: Collar and/or sleeve size will be marked on the inside of collar band. Over size shirts will be considered to be those shirts in sizes from; for men 17 1/2 - 38, for females sizes 40 and above. 17. CARE INSTRUCTIONS: Permanent care instructions to be located on the hem of the shirt, in front. 18. PRESSING, FINISHING & PACKAGING: Shirts shall be carefully pressed in a firs class manner. All loose threads will to be thoroughly trimmed. Shirt will be individually bagged in clear plastic. Shirts will be packed 2 to a box, with sizes marked on the outside of one end of the box, 19. EQUIVALENT ITEMS ARE ACCEPTABLE. 13 . . . ITEM #2: TROUSERS MEN (POLICE/SUPERVISORS) 1. FABRIC: 100% DacronIPolyester; weight, 8-8.5 oz linear yard (66-67 width); weave, tropical; color, navy blue 2. DESIGN: Trouser shall be manufactured rrom a men's, (women as required) uniform trouser pattern. The trouser styling shall incorporate a plain rront, straight leg bottoms, two (2) quarter top front pockets, two (2) hip pocketing all must be navy. Pants for Captains and above will have a one (1) inch, black cloth strip down the outside steam of each pant leg. 3. POCKETS: . a) The two (2) rront pockets will be quarter top style with a minimum opening of 6 inches, and a minimum depth of 5 3/4 inches measured rrom the bottom of the opening. Front pockets will have straight bartacks at the top, and of the bottom of pocket openings. Pockets shall be constructed using the stitch, turn, and top stitch method Pocket facings to be made of the basic fabric and must measure a minimum of 3 inches in width at the top/ The rront pockets shall be double tipped. b) The two (2) hip pocket shall have a minimum opening of 5 1/2 inches and a minimum depth of 5 3/4 inches measured rrom the bottom of the pocket opening. Hip pockets shall be constructed using the double welt method. The welts shall be finished in such a manner that there is no topstitching (top stitched hip pocket welts shall be cause for rejection). The comers of the hip pocket openings shall have straight baracks for reinforcement. Hip pocket facings to be made of basic fabric and have a minimum depth of 3/4 inches, The left hip pocket shall have a centered tab made of basic cloth inserted into the top welt with bartack at the top and bottom of the tab to form an opening for a button. A button shall be located below the bottom welt corresponding in location with the tab. 4. WAISTBAND: The waistband shall be constructed using the "closed method" and shall measure 2 inches wide when finished. The waistband curtain is to be made of the same fabric and color as the pocketing material and shall be attached to the trouser with a 14 . . Rocap machine. The upper waistband curtain to be inner lined with stretch canvas, similar to Ban-Rol canvas, in a blend of 64% polyester 36% nylon and to be 1-1/2" wide with a 10% stretch. The bottom portion of the waistband curtain will ~e a blend of 32% nylon, 38% polyester, 18% rubber (3 strands), 11% Iycra and 1% acrylic woven 2" wide and to finish 1-3/8" wide. To have a minimum of 40% stretch characteristics. Note: The difference in stretch of top and lower portion of the band provide comfort. The top ha1fwill not roll over and will stay snug with a 10% stretch while the lower portion provides 40% stretchability. The three rubberized strands insure that shirts stay tucked in for neat appearance. The waistband closure shall be accomplished with a crush-proof hook and eye. The hook and eye shall be reinforced with stays made of non-woven fabric that are . anchored by the topstitching for the fly facing and curtain.. This topstitching must be to the top of the waistband. The waistband must be topstitched 1/16 inches below the waistband scam for added strength. 5. FLY Trouser shall have a metal memory lock zipper. There shall be a french Fly tab closure on the inside of the right fly. The tab shall be double poly made of the basic cloth (tabs made of pocketing material of a "grown on" french fly will be cause for rejection). The right fly shall be lined with the same fabric as the waist band.. The fly lining shall be sewn to the left fly below the zipper in a neat and durable manner. A button shall be located on the left fly corresponding with the french Fly tab to provide a clean and comfortable closure. There shall be a firm straight bartack at the bottom of the fly going through the zipper tape, 6. LOOPS: There shall be a minimum of seven belt loops 3/4 inches in width of double thickness. Each loop must have a non-woven interlining. All loops (except for the back center loop) must be sewn into the bottom of the waistband ("dropped" belt loops are cause for rejection) and the top of the belt loops shall be caught into the waistband. The bottom of the center back loop shall be tacked to the trouser and the top of the loop tacked to the outside of the waistband. 7. SEAT: 15 . Seat outlet to measure a minimum of 2 3/4 inches to allow for alteration. Seat must be sewn with a Tandem Needle Machine, 8. STITCHING PRESSING & FINISHING: Trouser must be stitched with matching thread and all stitching to show must be 10-11 stitches per inch. Trouser must be neatly pressed on Hothead Presses and properly shaped, . Out scams and inseams must be pressed open. Trouser must be cleaned and finished to eliminate loose threads. 9. LABELS: Trouser must have a care label permanently affixed that also indicates the size, A paper ticket showing the size, fabric content, cut number, and WPL must be outside of the waistband. . 10. STOCK SIZES Trouser must be available in the following stocked sizes: 30x28 through 40x 36, sizes above these listed will be considered oversize. 11. EQUIVALENT ITEMS ARE ACCEPTABLE. 16 . ITEM #3 TROUSERS WOMEN (POLICE/SUPERVISORS) 1. FABRIC: Same men's specifications, 2. DESIGN: Same men's specifications. 3. POCKETS: a) The two (2) front pockets will be quarter top style with a minimum opening of 6 inches and a minimum depth of 5 3/4 inches measured from the bottom of the opening. Front pockets to have straight bartacks (use of triangle bartacks will be cause for rejection) at the top and bottom of . pocket openings. Pockets shall be constructed using the stitch, turn, and top stitch method. Pocket facings to be made of the basic fabric and must measure a minimum of3 inches in width at the top. b) The two (2) hip pockets shall have a minimum opening of 5 1/2 inches and a minimum depth of 5 3/4 inches measured from the bottom of the pocket opening. Hip pockets shall be constricted using the double welt method, The welts shall be finished in such a manner that here is no topstitching (top stitched hip poèket wilts shall be cause for rejection). The comers of the hip pocket opening shall have finn straight bartacks for reinforcement (triangle bartacks are unacceptable). Hip pocket facings to be made of basic fabric and have a minimum depth of 3/4 inches, The left hip pocket shall have a centered tab made. of basic cloth inserted into the top welt with bartacks at the top and bottom of the tab to form an opening for a button. A button shall be located below the bottom wilt corresponding in location with the tab. 4. WAISTBAND: a) The waistband shall be constructed using the "closed method" and shall measure 2 inches wide when finished. The waistband closure shall be accomplished with a crush proof hook and eye. The hook and eye shall be reinforced with stays made of a non-woven fabric that are anchored be the topstitching for the fly facing and curtain. This topstitching must be to the top of the waistband, The waistband must be top stitched 1/16 inches below the waistband seam for added strength, The top portion of the inside of the waistband is to consist of the same fabric that is used for 17 . . pocketing. The fabric is to be cut on the bias for maximum comfort, To be 1 7/8 inches wide and to finish 1 1/8 inches wide after construction. b) Upper waistband curtain to be inner lined with stretch material in a blend of 64% polyester 36% nylon and to be 1 1/2 inches wide with a 10% stretch. c) The bottom portion of the waistband curtain should be a blend of 32% nylon, 38% polyester, 18% rubber (3 strands) 11% lycra and 1% acrylic woven 2 inches wide and to finish 1 3/8 inches wide. To have minimum of 40% stretch characteristics. d) Note: The differences in stretch of top and lower portion of the band provide comfort. The top half will not roll over and will stay snug with a 10% stretch while the lower portion provides 40% stretchability. e) The three (3) rubberized strands ensure that shirts stay tucked in for neat appearance. . 5. FLY: Same as men's specifications. 6. BELT LOOPS: ... Same as men's specifications, 7. SEAT: Same as men's specifications. 8. STITCHING: PRESSING & FINISHING: Same as men's specifications. 9. LABELS: Same as men's specifications. 10. STOCK SIZES: Ladies trousers must be sized as illustrated in the following manner; Sizes: 6 8 10 12 14 16 18 20 22 24 26 Waist measurements 26" 2T' 28" 30" 32" 34" 36" 38" 40" 42" 44" Hip measurements 37' 38" 39" 41" 43" 45" 47" 49" 51" 53" 55" Over size pants will be considered to be those over size 20. 18 , 11. EQUIVALENT ITEMS ARE ACCEPTABLE. ITEM #4 JACKET (POLICE/SUPERVISOR) 1. FABRIC: Outer shell is a 2 ply Taslanized Nylon 70 Cenier (filling) and Nylon 70 Denier (warp), plain weave. Material to be treated with durable fluorocarbon water and stain release agents. 2. COLOR: Navy blue, 3. SLEEVES . Sleeves shall be two piece coat style with shoulder pads, removable shoulder stays, and knit cuffs. Shoulder pads to be set into seam. 4. POCKETS & FLAPS: Jacket ftont shall have two breast reverse pleated patch pockets with flap, The pockets shall have two-way opening and shall be lined with kasha. Flaps shall close with snaps on each comer. Flaps shall incorporate a dummy buttonhole and a button is to be attached to the flap through the buttonhole with a kotter pin. Breast pocket shall have a minimum opening of 6 inches at the top and sides,. Breast pocket and flaps shall be interlined with pellon. 5. COLLAR AND COLLAR STAND: The permanent collar and collar stand shall be made of two plies of the basic fabric plus the interlining. The interlining shall be sewn to the under collar and the under collar stand be top stitched with collar points long enough for a neat appearance. Jacket construction must incorporate a collar stand, as this feature is critical to overall appearance of the garment. Jackets made without a collar stand may not be acceptable. 19 , . 6. BADGE TAB: To be of jacket material 2 1/2 inches long, 5/8 inches wide, with 2 metal vertical eyelets 1 1/4 inches apart, center to center. Tab centered above left breast poéket. If possible the jacket could be delivered with our a badge tab. 7. SHOULDER S:rRAPS (epaulets): Removable shoulder straps constructed of two plies of the basic fabric plus the interlining. There shall be a buttonhole on each end of shoulder strap so that the straps are removable with the use of a button. Shoulder strap shall be pointed and have slight taper for better appearance. 8. FINISHING & PRESSING: The entire jacket must be made in a first class manner, work clothes type jackets . will not be acceptable. All loose threads must be removed and jacket must be completely pressed with high temperature pressing equipment and properly shaped. When completed, the jacket must be baked at the proper temperature to insure wrinkle resistance and permanent creases at the sleeves. 9. LABELS: There shall be permanently affixed size label and care instruction label. 10. INSIDE POCKETS: Jacket shall have a welt inside breast pocket on the left side, Pocket lining shall be 65/35 Poly/Cotton. 11. SIDE ZIPPER VENTS: Jacket shall be designed with side zippered vents, one right/one left, for easy access to weapon and other equipment. The vents must have a snap tab closure system at the bottom, 12. SHELL: 86 pick black nylon taffets on inside of liner, back side of black tricot. 13. INSULATION: In the body of the jacket 200 gram of insulated material, in the sleeves 100 gram of insulated material. 20 , 14. LINING: a) Jacket shall be manufactured with a permanent 86 pick Nylon lining. Color of the lining must be black. b) The liner should be full cut, designed to properly fit into jacket, Liner to incorporate side vent openings corresponding in location with side vents on jackets to allow access to weapon or equipment. " c) All outer edges of the liner must be bound, covered with a bias binding and sewn with a safety stitch. d) Liner sleeves to attach to jacket sleeves with a snap and/or tab system, Use of a button and buttonhole for this purpose is unacceptable. e) The liner will incorporate a welt seam opening that allows access to the . inside pocket of the jacket. f) There shall be a zipper around the perimeter of the liner so it may be properly zipped into the jacket. 15. EQUIVALENT ITEMS ARE ACCEPTABLE. 16. Over Size Jackets will be considered to be those size 48 and over. 21 . SWORN STATEMENT PURSUANT TO SECTION 287.133(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the City of Delray Beach, Project No. Bid //95-48 (Project Name) Purchase Of Uniforms For The Police Department by (print name of entity submitting sworn statement) whose business address is: . and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: . ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with any agency or po lit i ca I subdivision of any other state or with the United States, including, but not limited to, and bid or contract for goods or services to be provided to any publ ic entity or an agency or pol itical subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, co I I us i on, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a find I ng of gui It or a conviction of the publ ic ent i ty cr i me, wi th or wi thout an adjudication of qui It, in any federal or state tr i a I court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of gui Ity or nolo contendere. 4. , understand that an "affi liate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An ent i ty under the control of any person who is active in the management of the entity and who has been convicted of a pub Ii c ent i ty cr i me. The term "affi I iate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affi liate. The ownership by one person of shares constitution a control ling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, sha'l be a prima facie case that one controls another person. A person who knowingly enters into a joint venture wi th a person who has been convicted of a pub I ic entity crime in Florida during the preceding 36 months sha II be considered an affi liate. 22 , . 5. I understand that a "person" as defined in Paragraph 287. 133 ( 1 ) ( e) , Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public ent t~, or which otherwise transacts or app J I es to transact business wi th a publ ic entity. The term "person" includes those officers, directors, executives, partners, sha~reho I ders, employees, members, and agents who are active in management of an entity. 6. Based on information a'hd be lief, the statement which I have marked below is true n relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executive, partners, shareholders, employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are . active In management of the entity, or an affiliate of the ent i ty has been charges with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an aff i I i ate of the ent I ty has been charges with and convicted of a publ ic ent i ty cr ime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hear i ng Off i cer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that It was not In the pub I ic interest to place the entity submitting this sworn . statement on the convicted vendor II st. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENT! F I ED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQU I RED TO INFORM THE PUBLIC ENTITY PR lOR ,TO ENTERING I NTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (signature) Sworn to and subscribed before me this day of , 19 - Persona fly known OR Producted identification Notary Public-State of My Commission expires (Type of identification) (Printed typed or stamped commissioned name of Notary Public) 23 , - . DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors who submits a certification with their bid/proposal cert i fyi ng they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is app 1 i ed as, follows: IDENTICAL TIE BIDS: Preference shall be given to busi nesses with drug-free workplace programs. Whenever two or more bids which are equal with respect -to price, quality, and service are received by the State of by any political subdivision for the procurement of commodi ties or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: . 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual servi ces that are under bid, the emp 1 oyee wi 11 abide by the terms of the statement and will notify the employer of any conviction of, or plea of qui1ty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occuring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. VENDOR'S SIGNATURE FIRM NAME 24 . - - CITY OF DELRAY BEACH BID FORM BID #95-48 PURCHASE OF POLICE DEPARTMENT UNIFORMS ITEM EST. UNIT EXTENDED NO. DESCRIPTION ANNUAL QTY. COST COST -------------------------------------------------------------------------- 1. SHORT SLEEVE SHIRTS: a) MALE 600 $ $ OVERSIZE QTY. 50 $ $ b) FEMALE 70 $ $ OVERSIZE QYT. 20 $ $ 2. LONG SLEEVE SHIRTS: . a) MALE 310 $ $ OVERSIZE QTY. 30 $ $ b) FEMALE 35 $ $ OVERSIZE QTY. 10 $ $ 3. TROUSERS: a) MALE 250 $ $ OVERSIZE QTY. 20 $ $ b) FEMALE 35 $ $ OVERSIZE QTY. 10 $ $ 4. POLICE UNIFORM JACKET WITH ZIP OUT LINING 55 $ $ OVERSIZE QTY. 5 $ $ (Size 48 and above) GRAND TOTAL BID COST $ LIST UNIFORM MANUFACTURERS/CATALOG NUMBER HERE: 25 . , . - * PLEASE AFFIX SIGNATURE WHERE INDICATED . (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID) BID # 95-48 PURCHASE OF UNIFORMS FOR POLICE DEPARTMENT COMPANY NAME: * SIGNATURE: Date: SIGNATURE: . ...~. (print) ADDRESS: (state) (zip code) TELEPHONE: ( ) FAX # : ( ) VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: TELEPHONE: ( ) WILL EXTEND SAME PRICING, TERMS, AND CONDITIONS, TO OTHER GOVERNMENTAL ENTITIES: yes no 26 . , - ,0 . STATEMENT O~ NO BID BID # 95-48 If you are not bidding on this service/commodity, please compLete and return this form to: City of Delray Beach Purchasing Office, 100 N.W. First Avenue, Delray Beach, Florida, 33444. Failure to respond ~ay result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. COMPANY NAME: MINORITY OWNED ADDRESS: BUSINESS ( ) Black ( ) Hispanic . TELEPHONE: ( ) Women ( ) Other SIGNATURE: specify DATE: WE, the undersigned have declined to bid on your BID 95-48 for Uniforms For The Police Department because of the following reason(s). Specifications too "tight", i. e. , geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: - ----. 27 , . . .. . REFERENCES: Company Name: , Address: ZIP Contact Person: Phone No.: ( ) Company Name: Address: . ZIP Contact Person: Phone No.: ( ) Company Name: Address: ZIP Contact Person: Phone No.: ( ) Company Name: Address: ZIP Contact Person: Phone No.: ( ) 28 . . . M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM :II: qN - MEETING OF AUGUST 15. 1995 STATUS REPORT AND REOUEST FOR DIRECTION REGARDING SEACREST PROPERTIES DATE: AUGUST 11, 1995 The City Attorney will make the report at the August 15th meeting. ref:agmemo8 . , ~ . - ,,-:U~.-15-1995 10:50 BOARD OF CC 4137 355 3'3'30 P.02 Board òf County Commissioners County Administrator Ken L. Foster, Chairma.n Robert WeiSman Burt Aaronson, Viçe Chairman Karen T. Marcus Carol A. Roberts Warren H. Newell Mary McCarty Maude Ford Lee August. a, 1995 The Honorable Tom Lynch Mayor, City of Delray Beach 100 N.W. First Avenue Delra.y Beach, FL 33444 / Dear Tom: Recently the Board of County Commissioners approved a 25.3 million dollar bonà issue to adc:1ress the tretl\endous need for athletic fields and special recreation facilities throughout Palm Beach County. Included in this issue is 1.9 million dollars for the construction ot a new recreation center on property the City is presently acquiring across the street from Atlantic community High school. This is a very exciting project that will provide ~any benefits to the community and is an excellent example of what can be accomplished when governments work together. 1: B..III , however, disappointed that the School Board could not provide the funding necessary to be partners with us on this important project. Due to my concern regarding the many needs of Atlantic Community High school and the significance of the Seacrest property in addressing those needs, I recently met with Dennis Eshleman to explore various means by which the school Board could playa larger role in this project. AS a result, I believe I have identified an option that would accomplish the initial objectives of your Task Team. While I feel this option has a great deal of merit, I would not pursue it unless the city supports this approach. My proposal is as follows: L The City acquires the Seacreet property and makes it available to the School Board for the construction of an athletic facility. In return, the School Boar¢ agrees to provide the City l~ited use of the facility (to be determined). 2. The County provic:1e 1.4 million of the 1.9 million allocation to the Schoo~ Hoard to satisfy an existing debt, provLded the funds are used to construct the Center. The County presently plans to aatiefy this debt through the provision of land for a future school Bite. 3. The County provides the remaining .5 million of the 1.9 to the School Board for the construction of the center. In return, the school will allow a portion of the parking lot to be uBed by pool pat.rons (to be determined). 4. The School constructs the facility and is responsible for the ongoing operation and maintenance. 5. Monies preBent~y identified in Mr. zabik's letter (attached) would remain with Atlantic High School to be used on this project or other school needs. Thes@ funds incluc:1e: A. Direct cash contribution by School District $100,000 "An Eqll¡JI Opportunity - AffirmJtiv!.' Action Employer" ~..,,,. n f'\ t:t....'-", ù¡JCJ 1A'~~",¡' I)...'..... D............1. C'1...._!.J_ "'7"""".... 'IUH'" I A...,," \ ........ ...,~ ,.,.. .,...~. ..--...-----. . , . 407 355 3990 P.03 . AUG-15-1995 10:51 BOARD OF CC , Mayor Tom Lynch August a, 1995 B. Cash contribution by the School District trom anticipated cost savingß on cafeteria renovation project $200,000 C. Savings trom coordination ot drainage project $ 25,500 I would appreciate it: if you would discuss this proposal with your commission and determine it it is a Course of action that you think we should pursue. Règardless of your decision I look fOrward to working with the City on this exciting new project. ~ ----------- POSTSCRIP'l': ~_.,/ It is preferred that the $300,000 that the Distriot haa committed to this project (per: attachment) be used for improvements to the Football Stadium and Fine Arts Classrooms. TheBe facilities are utilized by a large number of students and members of the community. While the stadium and the auditorium are in excellent condition, the restrooms, concession ßtands, press box, locker rooms, band and choral rOoms are badly in need of renovation and upgrades. @ prinltld en r<x:yclna r~''''(' . .. ' . -AUG-15-1995 10:51 BOARD OF êc 407 355 3'390 P.04 , &..~........"" .......v~ O~..... . ," PALM BJACB COUNrY SCHooL DJ5TRlcr FUNDS AND 1N-1QND SBR.VICES FOB. TJÅ’ s&\CØ8T PROPBRTY -.1. Dked ,C&Ih CODttibatiøn by scl1oo1 District .........,... $100,000 ...2. CUiI eontribudon by tb= SdtoóJ DiItrÏl# fiUal ~fQ5 C)5t . ~.. S2OO.DOO 6&"f1DP 011 G:afce1iA fI!DOV&tiOQ pmjcId . . , . · . - - . . . . !. School~PriHl:Gratct~ .......... $500.000 4. Dc!ra.y ~ c:rJJJt&i~ ...,........,..... - .. . . It . . . $300.000 5. PaJ:ss1.Becb ~~, & .... . !to. "'. ~. . . .... ...- $400,000 6. BaviDgs ftoß1 caardlAat1an of dta" projctt ....... - . . $25.000 .... .i , P&QÅ’C1 COU VSTJM'&D BuiJdØJ¡IP.rt' . , .. . . .£ f . .. . ... .. . .. . . . - . · . III " . . . .. .. .. .. $1.300.000 l.AI24 t.."......" t 41,...... _......".. t.. _.. -._. t S 400.~ ,QJb- TCJCa.I . . .. . . . .. " . . . ,. , . . 'II ~ " . . .. " .. " . - ... . . .. ~ . · $1.100.000 ... TOTAL J'VNDS AVAIJ..ABLlt ...............- $1,525.000 .. ~AL I1JMDS UQtJII:KD . tI . . . . . . . . . , .. .. , a. ~ S 175,000 1N.KJND SBaV1c:.u PB.OYIÅ“Þ BY :rALM DRACH COIJNTY SCHOOL DlSTBJCT COMMtINlTY 1. PJãftttb,¡ Cbanrttt: (Dept. PaD:tI) · . · . . · · , . . . · · · . · · . . S 5.000 2. Ðc:vt10pmc0£ of CCRCPt draWinl CD flee J'lm¡ (DGIi¡D~) . S 1Q.000 3. ~ ~ Fundi) ,.................... - . . $ 60,000 4. ~J At acv~ Ap.oy AppcW1J (Dept. P\mdS) . $ 10,000 ~ 5. Wddinø Cocrdhaa6oDICoo£rad. ~ect M».~D.t (Dept. fW)da) . . . . . . . . . . . . - . . . . . . . . . S sG.OOO ... T'OTAL .........,........ . . . . . .. .. " .. .. . ~ · . . It $W,OOO TOTAL P.02 . , OK, RECEIVED trM [IT' OF DELRA' BEA[H AUG 1 0 1995 CITY MM' .', -~':' rHllCF. CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH f lOll I D ¡\ ...... AII·America City MEMORANDUM " III! DATE: August 9, 1995 1993 TO: City Commission FROM: David N. To1ces, Assistant City Attor~ SUBJECT: City Sale to Jose and Antonia Salas 5072 N.W. 5th Avenue. Delray Beach The attached Contract for Sale and Purchase is proposed to be entered into between the City and Jose and Antonia Salas. The property is located at 5072 N.W. 5th Street. The proposed purchase/sale price is $59,000.00. As part of the Hope 3 Program, the City will contribute $2,950.00 of Hope 3 funds to the Salas' to close on the property. The property is a 3 bedroom, 1 bath home consisting of approximately 1,179 square feet of living area. The City's appraisal is equal to the sale price for the property. Approval of the contract is recommended. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Lula Butler, Director of Community Improvement Dorothy Ellington, C. D. Program Coordinator Alison MacGregor Harty, City Clerk salas.dnt /O~· ® Printed on Recycled Paper . '~. . ., CONTRACT FOR SALE AND PURCHASE JOSE L. SALAS, and ANTONIA SALAS, as ("Buyers"), and CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Seller"), hereby agree that the Seller shall sell and the Buyers shall buy the following real property ("Real Property") upon the following terms and conditions which include the standards fqr real estate transactions included in this instrument: I. DESCRIPTION: The East 40 feet as measured at right angles of Lot 13, Block 4 of Pine Trail Section Four, according to the Plat thereof, as recorded in Plat Book 35 at Page 151 of the Public Records of Palm Beach County, Florida. II. PURCHASE PRICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $59,000.00 PAYMENT: -- (a) Deposit held in escrow by N/A in the the amount of $ 0.00 (b) Additional escrow deposit within days after Effective Date (as defined in Paragraph III) in the amount of $ 0.00 (c) Subject to AND assumption of mortgage in good standing in favor of having an approximate present principal balance of $ 0.00 (d) Purchase money mortgage note in the amount of $56,050.00 (e) Other: N/A $ (f) Balance to close U.S. cash, LOCALLY DRAWN certified or cashier's check or third party loan, subject to adjustments and prorations (Buyer will pay 3% of balance to close) $ 2,950.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before August 31, 1995, the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. FINANCING: (a) If the purchase price or any part of it is to be financed by a third-party loan, this Contract is conditioned on the Buyer obtaining a written commitment within 30 days after Effective Date for (CHECK ONLY ONE): 0 a fixed, o an adjustable or Oa -I- . " . fixed or adjustable rate loan for the principal amount of $56,050.00, at an initial interest rate not to exceed 7.75% for a term of 30 years. Buyer will make application within 30 days after Effective Date and use reasonable diligence to obtain the loan commitment and, thereafter, to satisfy the terms and conditions of the commitment and close the loan. Seller shall pay all loan expenses which shall be secured by a subordinate second mortgage if expenses are more ~an $4,000.00. If Buyer fails to obtain the commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining the commitment or, after diligent effort, fails to meet the terms and conditions of the commitment, then either party thereafter, by written notice to the other, may cancel this Contract and Buyer shall be refunded the deposit(s). Any mortgagee charge(s) less than $4,000.00 shall be paid by Seller. If Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may rescind this Contract by written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges. V. TITLE EVIDENCE: At least 7 days before closing date, Seller shall obtain a title insurance commitment and, after closing, an Owner's Policy of title insurance. VI. CLOSING DATE: This transaction shall be closed and the warranty deed and other closing papers delivered on or before September 30, 1995, unless extended by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ~ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. -2- · I IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. X. ASSIGNABILITY: Buyer may not assign Contract. XI. SPECIAL CLAUSES: ~ A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. -- B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non- Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said fmal determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have -3- · . the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. C. This contract is contingent upon the CITY OF DELRA Y BEACH'S City Commission approving this Contract within twenty-one (21) days following its execution by the Seller. D. The parties warrant and agree that there is no broker involved in this transaction. E. The soil, surface water, drainage requirements and runoff availability, geological conditions, and environmental state of the property being purchased must be acceptable to Buyer in Buyers' discretion. This shall be determined by test boring and other soil, geological and engineering studies which may be conducted by Buyer at Buyer's expense within the time permitted for delivery of evidence of title herein. Notice of the result of such testing shall be furnished to Seller. During the term of this Contract, the Buyer, or Buyer's employees, agents, representatives, or assigns, shall have full and complete right to enter upon the property for the purpose of making any and all inspections, tests and studies of the property. In the event said conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the right to cancel this Agreement and receive a refund of all deposit monies paid hereunder. STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (I) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date and which shaH commence with the earliest public records, or sµch later date as may be customary in the county. Upon closing of this transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days, notifY Seller in writing specifYing defect(s). If the defect(s) render title unmarketable, SeHer will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shaH immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the Contract. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shaH provide for a 3D-day grace period in the event of default if a first mortgage and a I5-day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall permit acceleration in event of transfer of the Real Property; shaH require all prior liens and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); shaH require Buyer to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real Property against fire and all perils included within the term "extended coverage endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses and coverage customarily found in mortgages, mortgage notes, and security agreements generaHy utilized by savings and loan institutions or state or national banks -4- .. located in the county wherein Real Property is located. All Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Seller, at Seller's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable govell}JIlental regulation, the same shall constitute a title defect. D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control Operator to determine if there is any visible active termite infestation or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will have 4 days from date of written notice thereof, within which to have all damages. whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase price. Should such costs exceed that amount, Buyer shall have the option of canceling Contract within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act. - - E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. F. LEASES: Seller shall, not less than fifteen (15) day.s before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. H. PLACE OF CLOSING: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Seller. I. TIME: Time is of the essence of this contract. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. J. DOCUMENTS FOR CLOSING: Seller shall furnish warranty deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, corrective instruments, and closing statement. Buyer shall furnish mortgage, mortgage note, security agreement, and financial statements. K. EXPENSES: Documentary stamps on the warranty déed and recording corrective instruments shall be paid by Seller. Recording warranty deed shall be paid by Seller. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If .closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not -5- .' available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon t~e prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an infonnal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. M. SPECIAL ASSESSMENT LÅ“NS: Certified, confinned and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confinned or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting th!;I!1, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be pennitted access for inspection of property prior to closing in order to confinn compliance with this standard. O. RISK OF LOSS: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the tenn so the agreement with restoration costs escrowed at clòsing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of cancelling the agreement. P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion or the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1993), as amended. Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with tenns and conditions of contract. Failure of clearance of funds shall not excuse Buyer's perfonnance. If in doubt as to Agent's duties or liabilities under the provisions of contract. Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agrée to its disbursement, or until a judgment of a court of competent jurisdiction shall detennine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. -6- , Upon notifYing all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real'estate broker, Agent will comply with provisions of Chapter 475, F.S. (1993), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. R. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, Buyer and Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance without thereby waiving any action for damages resulting from Seller's breach. S. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. T. CONVEYANCE: Seller shall convey title to the real property by way of Warranty Deed subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. U. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. V. WARRANTIES: Seller warrants that there are no fact~ known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: SELLERS: City of Delray Beach, Florida Jose L. Salas By: BY:~~~~ Thomas Lynch, Mayor ATTEST: Antonia Salas City Clerk By: ()~~;r1'/ //. Æ:.¡J..<l. . Approved as to Form: City Attorney -7- . State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~ day of ~ , 1995, by JpSE L. SALAS, who is personally known to me or who has produced. ~¿r~ CøvLCl (type of identification) and who did (did not) take . an oath. S ~D 4 ~ 1P7 cllt?lv 0 -m~~U' :)YLf..J19.-~ Signature 0 otary Pubhc- State of Florida ~~Wjj J:/~ f))~Ç0u..r'ê-fì;l €: (Y)~ ~"v.~ ..£... (>. If~~ § <:)~'~~\SSION~;"~(' ~ § ...~r::;~" '6, '.9. ~.. ~ Print, Type or Stamp Name of ª :$ ~ ~~... ~ :*: ..... :*: Notary Public ~ð ~ ICC 295661 : ~§ ~~.. :~~ ~ ~ -.. -? óhnded \'t\~~ ~ç.If.J,.- <::) ~ ~~ "e;n-In."\~'·~ '<':~ State of ·$1Å¡1~~~ ~"",:. 1If",iIlHI\\\'" County of Palm Beach The foregoing instrument was acknowledged before me this 2k day of ~, ' 1995, by ANT~:AS, who is personally known to me or who has oroducçd ~~ '13 8 ;;¡~ (type of identification) and~ÿ;; oath. ~~ - ~ Signature of ary Public- S\,~uw~~~ State of Florida ~~'O .~\i~1ç. ~ 'f'rìR tg .~'U1ne moa(~ § ",~\wôlJi:.··" ~ ~ .. ~o '6 :to e. ~ ~ : ~ ~\..~ "s. ~.. 0::. =*:~"S ~iØ~ ª ::: ...... : * = Print, Type or Stamp Name of ~.e . . = :::;9.~ ICC295661 :~::: ~ . ðo ·s'::- Notary Public ~~;"~ nd.d\~\~,,"'··~~ ~~ ~..,taJ""lnsu'.~.~~~~ ~/lllLÍê'Å T~~ <:j\,,~ saIas.agt 11"!1Í"m\l\\\'\~ -8- · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!)'Jt( SUBJECT: AGENDA ITEM i /0 is - MEETING OF AUGUST 15. 1995 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 47-95 (COMPREHENSIVE PLAN AMENDMENT 92-3) DATE: AUGUST 10, 1995 This is second reading and public hearing for Ordinance No. 47-95 which adopts Comprehensive Plan Compliance Agreement Amendment 92-3 as a remedial amendment to the Comprehensive Plan in accordance with the provisions of the Stipulated Settlement Agreement between the City and the Florida Department of Community Affairs. The Compliance Agreement Amendment deletes Traffic Element Goal Area IIE" , including all of the objectives and policies under the goal area. New legislation, under which staff is establishing the Transportation Concurrency Exception Area (TCEA) for the downtown, has made this goal area irrelevant. The TCEA will be included with Comprehensive Plan Amendment 95-2. At first reading on August 8, 1995, the Commission passed the ordinance by a vote of 4 to O. Recommend approval of Ordinance No. 47-95 on second and final reading. ~ 5-0 ref:agmemo5 · o.~ P?V( CITY COMMISSION DOCUMENTATION TO: FROM: SUBJECT: MEETING OF AUGUST 1, 1995 ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 92-3 FIRST READING ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of holding the required public hearing and adopting Comprehensive Plan Amendment 92-3. BACKGROUND: Adopted Comprehensive Plan Amendment 92-2 was found not to be in compliance with State statutes and rules by the Florida Department of Community Affairs (DCA). As a result of negotiations with the DCA, a stipulated settlement agreement was reached describing the changes required to Plan Amendment 92-2 to bring the Comprehensive Plan into compliance with State statutes and rules. The agreement was approved by the City Commission on June 6, 1995 and has been executed by all parties. Under the provisions of the agreement, the City will adopt a remedial amendment to its Comprehensive Plan. The Compliance Agreement Amendment, as specified in the agreement, deletes Traffic Element Goal Area "E", including all of the Objectives and Policies under the goal area. This goal area described the '. designation of a interim Transportation Concurrency Management Area (TCMA) for the downtown. A number of implementing objectives and policies were included to control and monitor downtown development and traffic level of service until a Transportation Mobility Element (TME) could be completed. New legislation, under which staff is establishing the Transportation Concurrency Exception Area (TCEA) for the downtown has made this goal area irrelevant. The TCEA will be included with Comprehensive Plan Amendment 95-2. This amendment (92-3), is not subject to the twice yearly limitation for amendments. RECOMMENDED ACTION: By motion, adopt Comprehensive Plan Amendment 92-3 on first reading, with appropriate public hearing scheduled for August 15, 1995. Attachments: * Draft ordinance, with exhibit * Stipulated settlement agreement with DCA JOB · , ORDINANCE NO. 47-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPLIANCE ! AGREEMENT PLAN AMENDMENT 92-3 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", I FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, I INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN I EXHIBIT "A" ENTITLED "COMPLIANCE AGREEMENT 92-3 PLAN I AMENDMENT" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the i provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government: Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and I WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an! amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 92-2"; and I I WHEREAS, the City Commission, following due public notice, held a public hearing on I December 8, 1992, in accordance with the requirements of the "Local Government Comprehensive Planning : and Land Development Regulation Act"; and I WHEREAS, after the above referenced public hearing, the City Commission adopted' Comprehensive Plan Amendment 92-2 by Ordinance 63-92; and WHEREAS, following City Commission approval, Comprehensive Plan Amendment 92-2 was transmitted to the Department of Community Affairs for required review; and I I WHEREAS, on February 22, 1993, the State Department of Community Affairs issued a notice I of intent to find Comprehensive Plan Amendment 92-2 to not be in compliance; and WHEREAS, the City and the State Department of Community Affairs entered into a stipulated settlement agreement which requires the City to adopt the compliance agreement plan amendment attached hereto as Exhibit "A". NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF : DELRA Y BEACH, FLORIDA, AS FOLLOWS: !. ¡ i' , . Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its ! intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 I through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act" . Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Compliance Agreement Plan Amendment 92-3", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby i amended pursuant to the document entitled "Compliance Agreement Plan Amendment 92-3". Section 4. That should any section or provision of this ordinance or any portion thereof, any : paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall I not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be . invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon issuance of a final . order determining the adopted amendment to be in compliance in accordance with Florida Statutes Section : 163.3184(9), by the State Department of Community Affairs, or until the Administration Commission issues a ! final order determining the adopted amendment to be in compliance in accordance with Florida Statutes Section ; 163.31884(10). ! I PASSED AND ADOPTED in regular session on second and final reading on this the 15 th day ! of Auqust , 1995. ~. : ATTEST: MA~ Ot.Nm'llft- !iÜfi7I1o.7i¡- I i I City Clerk I First Reading August 8, 1995 i Second Reading August 15, 1995 I ! dca.ord 2 ORD NO. 47-95 EXHIBIT "A" COMPREHENSIVE PLAN COMPLIANCE AGREEMENT AMENDMENT 92-3 TRAFFIC ELEMENT Location: Pg. III-C-31, GOAL AREA liE" in its entirety GOAL AREA "E" IT IS A GOAL OF THE CITY TO PROVIDE FOR THE IMMEDIATE DESIGNATION OF AN INTERIM TRANS PORTA TION CONCURRENCY MANAGEMENT AREA (TCMA) UNTIL SUCH TIME AS A TRANSPORTATION MOBILITY ELEMENT (TME) IS ADOPTED BY A COMPREHENSIVE PLAN AMENDMENT. THE TME SHALL BE TO PLAN FOR A MUL TI-MODAL, MUL TI-OPTIONAL TRANSPORTATION SYSTEM WHICH PLACES LESS EMPHASIS ON ACCOMMODATING THE SINGLE-OCCUPANCY VEHICLE AND WHICH ENCOURAGES THE DEVELOPMENT OF COMPACT, NON-AUTOMOBILE ORIENTED URBAN AREAS, PROMOTES ENERGY EFFICIENT DEVELOPMENT PATTERNS, PROTECTS AIR QUALITY, AND PROVIDES FOR THE MORE EFFICIENT MOBILITY OF RESIDENTS, VISITORS, AND GOODS. [9J-5.0057(7)(b)] Objective E-1: In order to access the flexibility allowed in establishing levels of service standards and toward the goal of establishing a convenient, energy efficient, multi-modal transportation system which compliments the proposed land use pattern, and while preparing a Transportation Mobility Element (TME) addressing the entire jurisdiction, the City Commission hereby designates the area described in the ''Village Center" development scenario, Figure L-8 in the Future Land Use Element, as an interim Transportation Concurrency Management Area (TCMA). This interim TCMA designation shall be effective for a maximum period not to exceed thirty-six months from December 8. 1992 during which time a TME shall be prepared and adopted. [9J-5.0057(7)(a)] Policy E-1.1 : The interim TCMA designated within Delray Beach shall automatically become null and void if the Delray Beach City Commission does not adopt a TME as a comprehensive plan amendment within the time frame prescribed by Objective E-1. [9J-5.0057(7)(a)] Policy E-1.2: The levels of service standards established for the interim TCMA shall be valid for no longer that the time frame prescribed by Objective E-1. Should the City fail to adopt a TME within the time frame prescribed by Objective E-1, the levels of service standards established for the interim TCMA's shall automatically be rescinded and the level of service standard in place for development not in the TCMA shall take affect. [9J-S.OOS7(7)(a)] Policy E-1.3: The City Commission shall have the authority to impose specific limits on the amount of development permitted within the interim TCMA and such limits shall be valid for no longer than the time period prescribed by Objective E- 1. Said limits of development shall be as defined in Table L-2a of the Future Land Use Element. [9J-S.OOS7(7)(a)] Policy E-1.4: The Planning Department shall prepare monitoring status reports on a six month basis. Said reports will reflect changes in the amount of proposed, approved, built and total existing conditions relative to land use density and intensity in the TCMA. [9J-S.OOS7(7)(b)] Policy E-1.5: The impacts of trips generated by development within the TCMA will be measured against the levels of service for TCMA and Gateway roads shown in Table 6 of the Traffic Element. The impact of trips from all other development with traffic impacts on TCMA and/or Gateway roads will be measured against the general levels of service as defined in Objective B-1. All road LOS determinations shall be made on both a daily and peak hour basis. [9J-S.OOS7(S)(c)1 ] Policy E-1.6: Developments within the TCMA shall use the existing grid system of streets within the TCMA and surrounding downtown area for traffic distribution purposes. Policy E-1.7: For mass transit facilities located within the Downtown interim TCMA, the level of service standards shall be as established in the County Comprehensive Plan. [9J-S.OOS7(S)(c)1] Policy E-1.8: The specific limits on the amount and type (by land use) of development permitted within the Downtown interim TCMA shall be as established in the ''Village Center" development scenario as defined in Table L- 2a of the Future Land Use Element. [9J-S.OOS7(7)(b)] Policy E-1.9: The Traffic Engineer of Delray Beach shall set up a monitoring program to track new development approvals within the boundaries of the Downtown Interim TCMA. The sum of the new development approvals shall be compared to the land use intensities in Table L-2a. The Traffic Engineer shall submit a report to the office of the Planning Director every six months comparing the sum of new development approvals to the quantities in said Table. Page 2 . . " Objective E-2 In order to assure intergovernmental coordination, the City shall coordinate the designation of the interim TCMA with other entities. Policy E-2.1: Pursuant to County Comprehensive Plan requirements, prior to the time the City transmits a comprehensive plan amendment designating one or more interim TCMA's, the City shall petition the Board of County Commissioners (B.C.C.) to establish interim level of service standards for collector or arterial road links and gateway road links that are not the responsibility of the City pursuant to County Traffic Element Objective 13. Policy E-2.2: The City Commission accepts the authority of the Board of County Commissioners to impose conditions upon the approval of any interim level of service standard which impacts a road not under City jurisdiction, including but not limited to, monitoring and status reports, phasing requirements, roadway improvements, bikeway and pedestrian system improvements, and Transportation Demand Management (TDM) and Transportation System Management (TSM) measures. Objective E-3 Within thirty-six (36) months atter the adoption of comprehensive plan amendment setting an interim TCMA, the City Commission shall adopt a Transportation Mobility Element (TME). The TME shall provide for a safe, convenient and energy efficient multi-modal transportation system. The TME shall meet the provisions of the applicable state statutes and administrative rules, and requirements of Palm Beach County. [9J-5.0057(5)(b)1) Policy E-3.1: In the development of its TME, Delray Beach shall establish level of service standards during the peak hour for roads and transit facilities within its jurisdiction atter consultation with the Florida Department of Transportation, the County, and any affected local governments. [9J-5.0057(5)(b)1] Policy E-3.2: In the development of its TME, Delray Beach shall provide for the control of connections and access points of driveways and roads to roadways. [9J-5.0057(5)(c)2] Policy E-3.3: In the development of its TME, Delray Beach shall establish parking strategies that will promote use of alternatives to the single-occupant automobile. This Policy should be coordinated with the City Parking Management Team. [9J-5.0057(5)(c)3] Page 3 Policy E-3.4: In the development of its TME, Delray Beach shall establish strategies to promote bicycles and pedestrian activities. [9J-5.0057(5)(c)5] Policy E-3.5: In the development of its TME, Delray Beach in cooperation with Palm Beach County shall establish strategies to achieve or maintain clean air quality, promote energy conservation and efficiency, and reduce the number of vehicle trips typically expected to be generated by new development or redevelopment. [9J-5.0057(5)(c)6] Policy E-3.6: In the development of its TME, Delray Beach shall establish Transportation Demand Management (TDM) programs to modify peak hour travel demand and reduce the number of vehicle miles traveled per capita within the City, County and region. [9J-5.0057(5)(c)7] Policy E-3.7: In the development of its TME, Delray Beach shall establish Transportation System Management (TSM) strategies as appropriate to improve system efficiency and enhance safety. [9J-5.0057(5)(c)8] Objective E-4: Within the time frame prescribed by Objective E-1, Delray Beach shall coordinate the transportation network with the future land uses shown on the future land use map in order to direct intensive development to the TCMA and ensure that existing and proposed densities, housing and employment patterns, and land use relationships and intensities within the TCMA will support the transportation modes and services proposed to serve the TCMA. [9J-5.0057(5)(b)2] Policy E-4.1: Delray Beach shall establish site and building design standards for development around fixed rail transit stops in order to assure the accessibility of new developmeot within TCMA's to fixed rail transit vehicles. [9J- 5.0057(5)(c)10] Policy E-4.2: Delray Beach shall establish numerical indicators against which the achievement of mobility goals can be measured. Such indicators could include modal split, annual transit trips per capita, automobile occupancy rates, number of pedestrians and bicyclists. [9J-5.0057(5)(c)11] Objective E-5 Within the time frame prescribed by Objective E-1, Delray Beach shall coordinate the transportation network with the plans and programs of any applicable Palm Beach County Metropolitan Planning Organization, County, County Public Transit Authority, Florida Department of Transportation's (FDOT's) Adopted Work Program, affected local governments, affected redevelopment agencies, and affected special districts with transportation powers. [9J-5.0057(5)(b)3] Page 4 . Policy E-5.1: Delray Beach shall continue its application and enforcement of Traffic Element policy A-2.2 requiring acquisition, preservation, or protection of existing or future transportation rights-of-way and corridors designated in Table T -4 of this Element. [9J-S.OOS7(S)(c)4] Policy E-5.2: Delray Beach shall coordinate roadway and transit service improvements with the future needs of seaports, airports, and other related public transportation facilities. [9J-S.OOS7(S)(c)9] Policy E-5.3: Delray Beach shall establish strategies, agreements and other mechanisms with County, regional and state agencies that demonstrate the area wide coordination necessary to implement the transportation, land use, parking and other provisions of the transportation mobility element. [9J-S.OOS7(S)(c)12] Policy E-5.4: Delray Beach shall provide for the coordination between the transportation mobility element's goals, objectives and policies and the capital improvements identified in Rule 9J-S.016, F.A.C. the TME shall also be coordinated with the Capital Improvements Element of this Plan. [9J- S.OOS7(S)(c)13] Policy E-5.5: Delray Beach shall establish strategies to encourage local traffic to use alternatives to the Florida Intrastate Highway System to protect its interregional and intrastate functions. This policy shall be considered partially satisfied by the creation of the Downtown TCMA. [9J-S.OOS7(S)(c)14] Objective E-6 Within the time frame prescribed by Objective E-1, Delray Beach, in coordination with designated transit and paratransit providers, shall address the provision of efficient mass transit and paratransit services based upon existing and proposed major trip generators and attractors, safe and convenient mass transit terminals, and accommodation of the special needs of the service population and transportation disadvantaged. [9J-S.OOS7(S)(b)4] Policy E-6.1: Delray Beach shall establish level of service standards at peak hour for transit facilities within the City after consultation with the Florida Department of Transportation, and the transit and paratransit providers. [9J- S.OOS7(S)(c)1] Policy E-6.2: Delray Beach shall establish numerical indicators against which the achievement of mobility goals can be measured. Such indicators could include modal split, annual transit trips per capita, automobile occupancy rates, and numbers of pedestrians and bicyclists. [9J-S.OOS7(S)(c)11] Page 5 , . Change: DELETION COMMENT: The goal area is deleted in response to provisions of a Stipulated Settlement Agreement between the City and DCA. Page 6 . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM it I~·Â - MEETING OF AUGUST 15. 1995 FIRST READING FOR ORDINANCE NO. 48-95 (MODIFYING THE COMMUNITY REDEVELOPMENT PLAN) DATE: AUGUST 11, 1995 This is first reading for Ordinance No. 48-95 which modifies the Community Redevelopment Plan for the City of Delray Beach. The proposed amendments to the plan were reviewed by the Commission on August 8, 1995. . The Planning and Zoning Board considered this matter on June 19, 1995, and voted unanimously to recommend that the amendments to the Community Redevelopment Plan be adopted. Recommend approval of Ordinance No. 48-95 on first reading. If passed, a public hearing will be held on September 5, 1995. 5/0 f~ ref:agmem09 , . . ~ -~. -- , . _.--_. - -- _.- ..--' -_.- .--_._._~-.._-_·.~,~._Þ---_._._~._._._~-~._-_.- --- ._---._-~ -"....--..- ~--.. .. ---...,... ORDINANCE NO. 48-95 I I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I I DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY I I REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, I I FLORIDA, IN ITS ENTIRETY¡ FINDING THAT THE i I MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT I ACT OF 1969, AS AMENDED; FINDING THAT THE , i MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY I BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER ! I , FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF i I FLORIDA STATUTES SECTION 163.360(6) (7); PROVIDING A I GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN ~ EFFECTIVE DATE. I I WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356¡ and WHEREAS, on December 23, 1986, the Board of County , Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Delray Beach completely and without limitation; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Community Redevelopment Plan on September 9, 1986, by Resolution No. 49-86 as subsequently amended on November 24, 1987, by Resolution No. 47-87, and as further ratified and amended on February 14, 1989, by Resolution No. 6-89, and as further ratified and amended on September 25, 1990, by Resolution No. 86-90¡ and as further ratified and amended on April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991, by Resolution No. 93-91; and as further ratified and amended on May 26, 1992, by Ordinance No. 17-92¡ and as further ratified and amended on December 1, 1992, by Ordinance No. 60-92¡ and as further ratified and amended on February 22, 1994, by Ordinance No. 5-94¡ and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach, Florida, hereinafter referred to as the "CRAil, has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifying said Plan in its entirety to account for certain changes which have occurred since the last amendment of the Plan, to account for modification or completion of project components, and to provide for the addition of several new programs to the Plan; and . .. . I . _.~. ,-- ... ~-- ....., - . ~.- -"'-.,. - - 0'- ._~ ,____,__ ..." . '.'#.'. --~.- ._- - ...-_-- -_..-._..._---_._-_.~.~-_.-._. -~.- -- _.~ ..~.- - Section 5. 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 , 1995. ! MAY 0 R ATTEST: City Clerk . I First Reading I Second Reading I I I , I I ¡ I i i ¡ ì i ! - 3 - Ord. No. 48-95 . [IT' OF DELRA' IEA[H DElRA Y BEACH , lOR I D Ao tw.e.d 100 N,W, 1 st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000 AII·America City , 1111! MEMORANDUM 1993 DATE: August 11, 1995 TO: City Commission FROM: David T. Harden, City Manager SUBJECT: Bud~et Adoption Schedule Since I plan to be attending the International City Management Association Conference on September 19, there was discussion at the last City Commission meeting about the possibility of moving the second reading of the budget to either September 12 or September 26. The budget advertising requirements under State Law, allow a maximum separation between the first and second reading of the budget of 20 days. Therefore, it would be impossible to have the first reading on September 5 and the second reading on September 26. We also considered the possibility of rescheduling the first reading from September 5 to September 12. However, the September 5 date has been given to the Property Appraiser's Office for inclusion on the preliminary tax notice mailed to all property owners in the City. In order to change the September 5 date, we would need to individually renotify every property owner in the City of Delray Beach. It would be possible to make September 12 our second regular scheduled meeting for September and have the second reading on that date. (Our Charter requires that final adoption of the budget take place at the second regular meeting in September.) As I indicated at the last Commission meeting, the second reading of the budget is almost always non-controversial. Bob Barcinski and other staff members will be here to answer any questions which may be raised. Therefore, I recommend that the Commission proceed as originally scheduled and have the second reading and final adoption of our budget on September 19, even though I do not expect to be present. DTH/mld @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS /3./J./. . .