Agenda Reg 04-18-00CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
APRIL 18, 2000 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M.
COMMISSION CHAMBERS
DELRAY BEACH
1993
The City will furnish auxiliary aids and services to afford an
individual with a disability an opportunity to participate in and enjoy
the benefits of a service, program or activity conducted by the City.
Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours
prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with
the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City Commission
meetings are business meetings and the right to limit discussion rests
with the Commission. Generally, remarks by an individual will be
limited to three minutes or less. The Mayor or presiding officer has
discretion to adjust the amount of time allocated.
A. Public Hearings:
under this section.
Any citizen is entitled to speak on items
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter within
the scope of jurisdiction of the Commission under this section.
The Commission may withhold comment or direct the City Manager to
take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary
purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the
sign-in sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by
the presiding officer from speaking further, unless permission to
continue or again address the Commission is granted by a majority vote
of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
2.
3.
4.
5.
Roll Call.
Invocation·
Pledge of Allegiance to the Flag.
Agenda Approval·
Approval of Minutes:
Organizational Meeting of March 30, 2000
Regular Meeting of April 4, 2000
Proclamations: None
Presentations:
A. Delray Camera Club Presentation
B. Accreditation Award to the Parks and Recreation Department
Consent Agenda: City Manager recommends approval.
A. ACCEPTANCE OF RIGHT-OF-WAY DEED/LUCIEN COMMERCIAL BUILDING:
Accept a right-of-way deed dedicating to the City five feet of
right-of-way for S.E. 1st Avenue, associated with the Lucien
Commercial Building located on the east side of S.E. 1st
Avenue, approximately 190 feet north of S.E. 2nd Street,
within the Central Business District.
B. AGREEMENT FOR SIDEWALK IMPROVEMENTS/PROFILES IN CONCRETE:
Approve an agreement between the City and Profiles in
Concrete, Inc. to allow the deferral of sidewalk improvements
along Royal Palm Drive, Lime Lane and Poinsettia Drive
associated with the construction of an industrial building for
Profiles in Concrete, until such time as the City requires the
sidewalk to be constructed.
RESOLUTION NO. 34-00 (AMENDED RESOLUTION OF NECESSITY FOR
SEACREST/DEL-IDA SPECIAL ASSESSMENT DISTRICT): Approve an
amended resolution declaring the necessity for public
improvements for the Seacrest/Del-Ida neighborhoods and
directing the establishment of a special assessment district
to defray a part of the expense for same.
Regular Commission Meeting
April 18, 2000
RESOLUTION NO. 5-00 (SETTING PUBLIC HEARING FOR
SEACREST/DEL-IDA SPECIAL ASSESSMENT DISTRICT): Approve a
resolution setting the date of June 6, 2000 for the public
hearing regarding the consideration of the Seacrest/Del-Ida
Special Assessment District.
E o
RIGHT-OF-WAY USE AGREEMENT/FPL FIBERNET: Approve a
right-of-way use agreement between the City and FPL Fibernet,
LLC, to allow FPL to use the City's rights-of-way for the
provision of telecommunications services in accordance with
the City Code.
F. CLOSEOUT CHANGE ORDER #2 AND FINAL PAYMENT/REPUBLIC
Go
Ho
Jo
CONSTRUCTION & DEVELOPMENT CORPORATION (POLICE EVIDENCE
STORAGE BUILDING a TENNIS CENTER PHASE IV): Approve closeout
Change Order #2 in the amount of $23,481.10 and final payment
in the amount of $42,481.10 to Republic Construction &
Development Corporation for completion of the Police Evidence
Storage Building/Exercise Gym project and, by contract
addition, the Tennis Center Phase IV improvements, with
funding from 334-6111-519-62.10 (General Construction
Fund/Buildings) and 334-4145-572-63.90 (General Construction
Fund/Tennis Center).
CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/MURRAY LOGAN
CONSTRUCTION (KNOW-LES PARK BOAT RAMP): Approve closeout
Change Order #1 in the amount of $23,773.75 and final payment
in the amount of $25,513.95 to Murray Logan Construction, Inc.
for completion of the Knowles Park Boat Ramp Removal/Design
Build Replacement project, with funding from
334-4179-572-63.90 (General Construction Fund/Knowles Park -
Other Improvements).
CODE ENFORCEMENT BOARD RULES: Approve revised General Rules
of Procedure for the Code Enforcement Board as adopted by that
board on December 14, 1999.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period April 3rd through April 14, 2000.
AWARD OF BIDS AND CONTRACTS:
Contract award for auctioneering services to Fisher
Auction Co., Inc., at a fee of 1.875% of the gross
receipts per auction for a term of two years with a
one-time renewal option.
o
Purchase award in the amount of $27,234.00 to Blue Ribbon
Industrial Components Corporation, sole source provider,
for the purchase of manufacturer replacement parts to
repair the Water Treatment Plant's chlorine emergency
scrubber and install a new chlorine gas leak detector,
Regular Commission Meeting
April 18, 2000
with funding from 442-5178-536-64.90 (Water & Sewer R&R -
Other Machinery/ Equipment).
Lease award to Xerox Corporation for the three year lease
of a Xerox 5665MPS Copier for the Police Department at a
total lease cost over the three year period of
$16,789.32, with pricing per Florida State contract and
funding from 001-2113-521-44.30 (Police Support Services
- Equipment Rental/Lease).
Contract award for the purchase and delivery of office
supplies to Office Depot, via Florida Atlantic University
Agreement, at an estimated annual cost of $79,000.00,
with funding from various departmental operating budgets.
9. Regular Agenda:
ao
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a
request for special event approval for the May 11, 2000 Art &
Jazz on the Avenue, including temporary use permit and street
closure, staff support, use of City equipment and specified
overtime costs.
SPECIAL EVENT REQUEST/2ND ANNUAL GARLIC FESTIVAL: Consider a
request for special event approval for the 2nd Annual Garlic
Festival to be held on November 4 & 5, 2000, including
temporary use permit, sign code waiver, staff assistance as
requested, and consideration of a 50%/50% split of overtime
costs.
SPECIAL EVENT REQUEST/PRO-MOTIONS VOLLEYBALL TOURNAMENT:
Consider a request from Pro-Motions Sports Marketing for
special event approval to allow the Pro-Motions Volleyball
Tournament to be held on the municipal beach on June 10 & 11,
2000.
D. INTERLOCAL AGREEMENT FOR FUNDING OF OLD SCHOOL SQUARE
E o
IMPROVEMENT PROJECT: Consider approval of a tri-party
interlocal agreement between the City, Palm Beach County and
Old School Square, Inc. relative to funding of the band shell
improvement project at Old School Square.
INTERLOCAL AGREEMENT/SPADY HOUSE FUNDING: Consider approval
of an interlocal agreement between the City, the Community
Redevelopment Agency, and Palm Beach County to provide funding
for the renovation of the Spady House Multi-Cultural Museum.
INTERLOCAL AGREEMENT/PROJECT ADMINISTRATION:
Consider
approval of an interlocal agreement between the City and the
Community Redevelopment Agency to provide for project
administration and management of the Spady House renovation.
Regular Commission Meeting
April 18, 2000
RESOLUTION NO. 35-00 (MID-YEAR BUDGET ADJUSTMENT): Consider
approval of a resolution making mid-year adjustments to the
adopted budget for FY 2000.
CLAIMS FROM SEWAGE BACKUP: Consider approving payment of
claim and authorize the Claims Review Committee to make
payment on any other claims as appropriate.
I. PROPOSAL FOR SETTLEMENT/BEIZER V. BRINKER, ET AL.: Consider a
proposal for settlement in the referenced matter.
J. YOUTH COUNCIL APPOINTMENT TO VISIONS 2010 STEERING COMMITTEE:
10.
11.
12.
Ko
Appoint a representative from the Youth Council to the
Steering Committee for the Visions 2010 Planning Retreat.
CONTRACT ADDITION/SHENANDOAH CONSTRUCTION: Consider approval
of an addition to the existing contract with Shenandoah
Construction in an amount not to exceed $17,000.00 to complete
the cleaning and televising of approximately 6,500 linear feet
of drainage pipe at various locations throughout the City,
with funding from 448-5470-538-65.46 (Stormwater Utility -
NE/NW Area).
Public Hearings: None
Comments and Inquiries on Non-Agenda
Immediately following Public Hearings.
Items from the Public-
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
First Readings:
A.
ORDINANCE NO. 10-00 (VALET PARKING OUEUE SIGNS): An ordinance
amending Chapter 71, "Parking Regulations", of the City Code
by amending Section 71.022, "Parking Prohibited During Certain
Hours on Certain Streets", to provide for the use of valet
parking queues. If passed, a public hearing will be scheduled
for May 2, 2000.
13. Comments and Inquiries on Non-Agenda Items.
City Manager
City Attorney
City Commission
-5-
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING APRIL 18, 2000 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
o
Regular Agenda:
L. ASSIGNMENT OF THE CITY'S UNIFORM CONTRACT: Consider a
request from Harrison Uniforms, Inc. to assign the
City's uniform contract to Harrison Palm Beach County,
Inc.
giT',' OF DELRrI,F BEI:I[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993
DATE:
TO:
FROM:
April 18, 2000
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Assignment of City's Uniform Contract
The City entered into an Agreement with Harrison Uniform, Inc. on January 8, 1999, to
provide uniforms to the City's Police and Fire Departments. This contract will expire on
January 1, 2001, however, the City has the option to renew the contract for one two year
period. Harrison Uniform, Inc. has requested that the City allow it to assign the
Agreement to another Company. In accordance with Section 7 of the Agreement
between the City and Harrison Uniform Inc., Harrison must first obtain the consent of
the City before the assignment may take place.
The Police Department has been doing business with and is familiar with the company
that wishes to take over the contract and has no objection to the assignment.
By copy of this memorandum to David Harden, City Manager, our office requests that
this Assignment of the Agreement be placed on the April 18, 2000 City Commission
agenda. Please call if you have any questions.
CC:
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Jackie Rooney, Purchasing Sup.
David Junghans, Admin. Services Dir. Police Dept.
April. 2000, by a~ ~=wemn ~ISON ~I~S, INC.,
hereinafter re~erred to aa ,~et~ee.'
WITNESSETH ~
Fo~ o: A~re~en: between C[ty a~d Contrac=or with :~ Ci:~ of D~l~y
~each ~ ~y Aad~du~ the~:o, a co~ o~ whi~ is at:ach~ hereto
(herein~ter re[erred to as :he '~reem~t")~ ~d
~~, ~he ~mi~or ~sirea to assi~ all of its ~g~t, ti=le
~terest in ~d to the sai~ ~ree~n=~ ~d
W~, the ~e[~ee is ~siro~ of ao~iring the rtghta ~ :he
N~, ~RB~RE, i~ coneide~atio~ o~ the sum of T~ and
to the other, the .recu~p: ~d ~ey Of ~ch ie ~reby ac~owledged,
Th: ~si~r he~y aasl~, all of its ri~h~, ~itl~ and
As s ignee.
2~
The A~signee hereby accepts such assignment and agrees
assume all liabgli=¥ a~ remDonaibili:¥ for ~he Derform~nce of r_he tGrm~
and conditions con:altec1 in said Agreemen:.
The A~s'-~n?.e ~reee I:o £n~m~fy and hold t~ Assignor
e~ ~ hs m,~b:jec~c Acj=ecm= ~.
toe d.~? e. ud yemr '.=lr~:t &~ove writ, ken.
....
·ame: ao~e= A. Heldman
T~tlo:$enfor V/,ce ~resl~ent
HARRISON PAlM BEACH COUNTY, INC.
At t;e ~'::
CITY OF DELPAY BEACH
City'
Approved as to form and
legal sufficiency:
~.~., City Attorney
APRIL 18, 2000
A Regular Meeting of the City Commission of the City
of Delray Beach, Florida, was called to order by Mayor David
Schmidt in the Commission Chambers at City Hall at 6:03 P.M.,
Tuesday, April 18, 2000.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Jeff Perlman
Commissioner Bill Schwartz
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
At this point, the time being 6:05 p.m., Commissioner
McCarthy arrived to the meeting.
2, The opening prayer was delivered by Father Donald
Munro, St. Vincent Ferrer Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Schmidt noted the addition of Item 9.L., Assi.qn-
ment of the City's Uniform Contract to the Regular Agenda by
addendum, and noted a revised Exhibit "A" to Item 9.G., Resolu-
tion No. 35-00 (Mid-Year Budget Adj.ustment) of the Regular
Agenda.
Commissioner Archer added Item 9.A.A., Reaffirmation
of an alternate member to the Code Enforcement Board to the
Regular Agenda.
Mr. Schwartz moved to approve the agenda as amended,
seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion
passed with a 5 to 0 vote.
Approval of Minutes:
Mrs. Archer moved to approve the Minutes of the Organ-
izational Meeting of March 30, 2000, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
The Minutes of the Regular Meeting of April 4, 2000
were deferred to the Regular Meeting of May 2, 2000.
6. Proclamations: None
7, Presentations:
7,,,.A. Delray Camera Club Presentation
Mayor Schmidt presented a certificate of achievement
to the following Delray Camera Club members:
Honorable Mention
Barbara Miller - "I Love Veggies"
Patrick Ellis - "Showing Off In Lavender"
Gene Freeman - "I Found The Sea Treasure"
Florence Greenberg - "Monarch Butterfly"
Third Place
Soni Wallace - "Sea Gull"
Second Place
Robert Boylson - "Over The Hurdle"
First Place
Soni Wallace - "Petite Loxahatchee Sailor"
7.B. Accreditation Award to the Parks and Recreation Depart-
ment
Joe Weldon, Director of Parks and Recreation, proudly
presented the award that the Parks and Recreation Department
received for earning national accreditation from the Commission
for Accreditation of Parks and Recreation Agencies for quality
parks and recreation administration. Currently, the City of
Delray Parks and Recreation Department is one of 26 agencies
nationwide that has received this award. A minimum of 135
standards, including 36 mandatory standards, are necessary for
accreditation. Delray Beach Parks and Recreation met 144 stan-
dards, including 36 mandatory ones. There was a final review
and accreditation was approved by the Commission for Accredita-
tion of Parks and Recreation Agencies in Washington, D.C. on
March 3, 2000.
Mr. Weldon expressed his gratitude towards his staff
and thanked the City Manager for encouraging the Parks and
Recreation to apply for the accreditation.
CONSENT AGENDA: City Manager recommends approval.
8.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/LUCIEN COMMERCIAL
BUILDING: Accept a right-of-way deed dedicating to the City
five feet of right-of-way for S.E. 1st Avenue, associated with
the Lucien Commercial Building located on the east side of S.E.
-2- 04/18/00
1st Avenue, approximately 190 feet north of S.E. 2nd Street,
within the Central Business District.
AGREEMENT FOR SIDEWALK IMPROVEMENTS/PROFILES IN CON
CRETE: Approve an agreement between the City and Profiles in
Concrete, Inc. to allow the deferral of sidewalk improvements
along Royal Palm Drive, Lime Lane and Poinsettia Drive associat-
ed with the construction of an industrial building for Profiles
in Concrete, until such time as the City requires the sidewalk
to be constructed.
8.¢. RESOLUTION NO. 34-00 (AMENDED RESOLUTION OF NECESSITY
FOR SEACREST/DEL-IDA SPECIAL ASSESSMENT DISTRICT): Approve an
amended resolution declaring the necessity for public improve-
ments for the Seacrest/Del-Ida neighborhoods and directing the
establishment of a special assessment district to defray a part
of the expense for same.
The caption of Resolution No. 34-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION 1-00 THAT DECLARED THE NECESSITY
FOR PUBLIC IMPROVEMENTS FOR THE SEACREST/
DEL-IDA NEIGHBORHOODS AS SHOWN ON EXHIBIT
"A", AND DIRECTED THE ESTABLISHMENT OF A
SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART
OF THE EXPENSE FOR PUBLIC IMPROVEMENTS TO
THE SEACREST/DEL IDA NEIGHBORHOODS; PROVID-
ING FOR THE ESTIMATED COST OF THE IMPROVE-
MENTS; PROVIDING FOR THE PREPARATION OF THE
ASSESSMENT ROLL.
(The official copy of Resolution No. 34-00 is on file
in the City Clerk's office.)
8.D. RESOLUTION NO. 5-00 (SETTING PUBLIC HEARING FOR SEA
CREST/DEL-IDA SPECIAL ASSESSMENT DISTRICT): Approve a resolu-
tion setting the date of June 6, 2000 for the public hearing
regarding the consideration of the Seacrest/Del-Ida Special
Assessment District.
The caption of Resolution No. 5-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SETTING A
PUBLIC HEARING DATE FOR THE PUBLIC HEARING
REGARDING THE CONSIDERATION OF THE SEACREST
DEL-IDA SPECIAL ASSESSMENT DISTRICT; PROVID-
ING FOR THE MAILING AND PUBLICATION OF
NOTICE REGARDING THE PUBLIC HEARING; PROVID-
ING AN EFFECTIVE DATE.
-3-
(The official copy of Resolution No. 5-00 is on file
in the City Clerk's office.)
8.E. RIGHT-OF-WAY USE AGREEMENT/FPL FIBERNET: Approve a
right-of-way use agreement between the City and FPL Fibernet,
LLC, to allow FPL to use the City's rights-of-way for the provi-
sion of telecommunications services in accordance with the City
Code.
8.F. CLOSEOUT CHANGE ORDER ~2 AND FINAL PAYMENT/REPUBLIC
CONSTRUCTION & DEVELOPMENT CORPORATION (POLICE EVIDENCE STORAGE
BUILDING & TENNIS CENTER PHASE IV): Approve closeout Change
Order #2 in the amount of $23,481.10 and final payment in the
amount of $42,481.10 to Republic Construction & Development
Corporation for completion of the Police Evidence Storage Build-
ing/Exercise Gym project and, by contract addition, the Tennis
Center Phase IV improvements, with funding from
334-6111-519-62.10 (General Construction Fund/Buildings) and
334-4145-572-63.90 (General Construction Fund/Tennis Center).
8.~. CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/MURRAY
LOGAN CONSTRUCTION (KNOWLES PARK BOAT RAMP): Approve closeout
Change Order #1 in the amount of $23,773.75 and final payment in
the amount of $25,513.95 to Murray Logan Construction, Inc. for
completion of the Knowles Park Boat Ramp Removal/Design Build
Replacement project, with funding from 334-4179-572-63.90 (Gener-
al Construction Fund/Knowles Park - Other Improvements).
8.H. CODE ENFORCEMENT BOARD RULES: Approve revised General
Rules of Procedure for the Code Enforcement Board as adopted by
that board on December 14, 1999.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period April 3rd through April 14, 2000.
8.J.
AWARD OF BIDS AND CONTRACTS:
Contract award for auctioneering services to
Fisher Auction Co., Inc., at a fee of 1.875% of
the gross receipts per auction for a term of two
years with a one-time renewal option.
®
Purchase award in the amount of $27,234.00 to
Blue Ribbon Industrial Components Corporation,
sole source provider, for the purchase of manufac-
turer replacement parts to repair the Water
Treatment Plant's chlorine emergency scrubber and
install a new chlorine gas leak detector, with
funding from 442-5178-536-64.90 (Water & Sewer
R&R - Other Machinery/ Equipment).
Lease award to Xerox Corporation for the three
year lease of a Xerox 5665MPS Copier for the
-4- 04/18/00
Police Department at a total lease cost over the
three year period of $16,789.32, with pricing per
Florida State contract and funding from
001-2113-521-44.30 (Police Support Services -
Equipment Rental/Lease).
Contract award for the purchase and delivery of
office supplies to Office Depot, via Florida
Atlantic University Agreement, at an estimated
annual cost of $79,000.00, with funding from vari-
ous departmental operating budgets.
Mr. Schwartz moved to approve the Consent Agenda,
seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt
- Yes; Mr. Perlman - Yes; Mrs. Archer - Yes.
REGULAR AGENDA:
$-A. SPECIAL EVENT REQUEST/ART, & JAZZ ON THE AVENUE:
Consider a request for special event approval for the May 11,
2000 Art & Jazz on the Avenue, including temporary use permit
and street closure, staff support, use of City equipment and
specified overtime costs.
Robert A. Barcinski, Assistant City Manager, stated
that staff recommends endorsement of the event, approval of the
temporary use permit per LDR Section 2.4.6(H) for the street
closure, staff support as requested, use of stages and City
barricades, and setting an upper limit of $7,000 for overtime
costs with any difference to be paid by the Joint Venture.
Mr. Perlman moved to approve the special event approv-
al for the May 11, 2000 Art & Jazz on the Avenue, including
temporary use permit and street closure, staff support, use of
equipment and a limit of $7,000 for overtime costs with any
difference to be paid by the Joint Venture, seconded by Mr.
Schwartz. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5
to 0 vote.
9 .A.A.
REAFFIRMATION OF THE APPOINTMENT OF AN ALTERNATE
MEMBER TO THE CODE ENFORCEMENT BOARD:
Mrs. Archer stated that the City and Dr. Josh Smith
have amicably reconciled their differences and all fines have
been settled.
Mrs. Archer moved for reaffirmation of Dr. Josh Smith
as an alternate member to the Code Enforcement Board, seconded
by Mr. Schwartz. Upon roll call the Commission voted as fol-
lows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
-5- 04/18/00
Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes.
with a 5 to 0 vote.
Said motion passed
At this point, Mayor Schmidt thanked Commissioner
Archer for her effort in resolving the matter with Dr. Josh
Smith.
9.B. SPECIAL EVENT REQUEST/2ND ANN~3AL GARLIC FESTIVAL:
Consider a request for special event approval for the 2nd Annual
Garlic Festival to be held on November 4 & 5, 2000, including
temporary use permit, sign code waiver, staff assistance as
requested, and consideration of a 50%/50% split of overtime
costs.
Robert A. Barcinski, Assistant City Manager, stated a
request has been received from Nancy Stewart, Executive Director
of the Delray Beach Garlic Festival, for the 2nd Annual Garlic
Festival to be endorsed by the Commission to grant the temporary
use permit for the closure of various City rights-of-way as
outlined in the City Commission backup which would begin on
November 3rd at 6:00 a.m. to allow proper set up time for the
vendors, to waive the LDR's Section 4.6.7(D) (3) (j) (ii), to allow
signage to be placed more than one (1) week prior to the event,
and to provide staff support as outlined in the City Commission
backup, and to waive overtime costs for police and fire staff
assistance. Staff support would involve EMS assistance, Police
traffic control security barricading, stage set up, etc. The
overtime costs is estimated at a total of $9,190. The estimated-
overtime costs for police and fire support is $8,260.
Mrs. Archer moved to approve the special event request
for the 2nd Annual Garlic Festival to be held on November 4 & 5,
2000, including temporary use permit, sign code waiver, staff
assistance as requested, and a 50%/50% split of $9,190 in over-
time costs, seconded by Ms. McCarthy - Yes. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes. Said motion passed with a 5 to 0 vote.
9.C. SPECIAL EVENT REQUEST/PRO-MOTIONS VOLLEYBALL TOURNA
MENT: Consider a request from Pro-Motions Sports Marketing for
special event approval to allow the Pro-Motions Volleyball
Tournament to be held on the municipal beach on June 10 & 11,
2000.
Joe Weldon, Director of Parks and Recreation, stated
that this is a request from Gino Ferraro of Pro-Motions Sports
Marketing to hold a volleyball tournament on the municipal beach
on June 10 & 11, 2000. Pro-Motions Sports Marketing will donate
between $500 and $750 to the Ocean Lifeguard competition fund.
Mr. Weldon further explained that there is no overtime costs
involved on the City's behalf.
6 04/ 8/00
Mrs. Archer inquired as to what hours the parking lots
will be used for the event and asked how late activity is expect-
ed to go for? In response, Mr. Ferraro stated that generally
people arrrive to the event between 7:30 a.m. and 8:00 a.m. and
leave by 6:30 p.m. or 7:00 p.m.
Mr. Schwartz asked where the cars will park for the
event? In response, Mr. Weldon stated that there will be re-
stricted parking at Anchor and Sandoway Parks for the players.
In addition,' Mr. Weldon explained that there will be a $5.00
parking fee per car per day. The City's Ocean Rescue staff
collects this money and will deposit it in their competition
fund.
After discussion, the City Attorney inquired about a
Hold Harmless Agreement and recommended that the City obtain an
agreement if we do not currently have one in place. Mr. Weldon
stated although a Hold Harmless Agreement was never required
before, he can obtain one if the City Attorney finds it neces-
sary. Me informed the City Attorney that the City currently has
a Certificate of Liability Insurance for which the City is named
as co-insurer for $1,000,0000
Mr. Schwartz moved to approve the request from Pro-Mo-
tions Sports Marketing for special event approval to allow the
Pro-Motions Volleyball Tournament to be held on the municipal
beach on June 10 & 11, 2000, subject to the City Attorney's
recommendation to obtain a Mold Harmless Agreement, seconded by
Mr. Perlman. Upon roll call the Commission voted as follows:
Mrs. Archer; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5
to 0 vote.
9.D. INTERLOCAL AGREEMENT FOR FUNDING OF OLD SCHOOL SQUARE
IMPROVEMENT PROJECT: Consider approval of a tri-party interlo-
cal agreement between the City, Palm Beach County and Old School
Square, Inc. relative to funding of the band shell improvement
project at Old School Square.
After reviewing the agreement, the City Attorney
stated that this is a tri-party agreement with the City (as the
owners of the property), Old School Square, Inc., and Palm Beach
County. The County is going to fund up to $500,000 of the band
shell improvement project and other improvements as well, which
include rest rooms. Old School Square will provide $211,992 or
more to complete the project.
The City Manager stated that the City has the 5 year
capital budget in fiscal year 2001 of $100,000 for the rest room
component of this project.
Joe Gillie, Director of Old School Square, clarified
that the bathrooms are not for just Old School Square. He
stated that the actual band shell facility will service the
-7- 04/18/00
community in a variety of opportunities (i.e. The Garlic Festi-
val, the Cinco De Mio Festival, The Delray Affair).
Mrs. Archer commented on the changes that have been
made to the preliminary plans. Mr. Gillie stated that there
have been some changes to the plans and explained that they have
the right to go back to the County and amend the agreement. A
master planning process was held and other opportunities have
come of it surrounding Old School Square. The exact placement
of the band' shell will be determined through the masterplan.
Mr. Gillie stated that the band shell is in proximity exactly
where it is placed now and it is possible that the band shell
will either move approximately 10 or 15 feet to the east, or
stay in the position that is currently shown on the preliminary
plans.
After discussion, Mrs. Archer moved to approve the
tri-party interlocal agreement between the City (as the owners
of the property), Palm Beach County and Old School Square, Inc.,
relative to funding of the band shell improvement project at Old
School Square, seconded by Mr. Schwartz. Upon roll call the
Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes.
Said motion passed with a 5 to 0 vote.
9.E. INTERLOCAL A~REEMENT/SPADY HOUSE FUNDING: Consider
approval of an interlocal agreement between the City, the Commu-
nity Redevelopment Agency, and Palm Beach County to provide
funding for the renovation of the Spady House Multi-Cultural
Museum.
The City Attorney explained that this funding agree-
ment provides monies for the restoration for the Spady House
Multi-Cultural Museum. The agreement provides that the County
will pay $100,000 to the CRA (the City's project manager) for
the renovation project. The CRA will provide $230,000 or more
and of that amount $150,000 is from State grant, $40,000 from
the City and $40,000 from the CRA to complete the renovation
project. The agreement is for 30 years and the renovation must
be complete within three years from execution of the agreement.
In the case of this project, the City Manager stated
that the City's $40,000 has already been incorporated in last
year and this year's budget.
Mrs. Archer moved to approve the Interlocal Agreement
between the City, the Community Redevelopment Agency, and Palm
Beach County to provide funding for the renovation of the Spady
House Multi-Cultural Museum, seconded by Mr. Perlman. Upon roll
call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Schwartz - Yes. Said motion passed with a 5 to 0 vote.
-8- 04/18/00
9.F. INTERLOCAL AGREEMENT/PROJECT ADMINISTRATION: Consider
approval of an interlocal agreement between the City and the
Community Redevelopment Agency to provide for project administra-
tion and management of the Spady House renovation.
Ms. McCarthy inquired as to why Exhibit "B" ("Contract
Awards") shows some line items with no names designated to
them. She asked if this is because these have not been awarded
yet?
Upon question from Ms. McCarthy, the City Manager
stated he cannot speak with certainty regarding Exhibit "B"
because the City is not involved in the administration of the
contract and does not keep abreast of those day to day details.
After discussion, Mr. Schwartz moved to approve the
Interlocal Agreement between the City and the Community Redevel-
opment Agency to provide for project administration and manage-
ment of the Spady House renovation, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.G. RESOLUTION NO. 35-00 (MID-YEAR BUDGET ADJUSTMENT):
Consider approval of a resolution making mid-year adjustments to
the adopted budget for FY 2000.
The caption of Resolution No. 35-00 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION NO. 62-99 ADOPTED SEPTEMBER 21,
1999, WHICH MADE APPROPRIATIONS OF SUMS OF
MONEY FOR ALL NECESSARY EXPENDITURES OF THE
CITY OF DELRAY BEACH, FLORIDA, FOR THE
FISCAL YEAR 1999/2000, BY SETTING FORTH THE
ANTICIPATED REVENUES AND EXPENDITURES FOR
THE OPERATING FUNDS OF THE CITY FOR THE
FISCAL YEAR 1999/2000; REPEALING ALL RESOLU-
TIONS INCONSISTENT HEREWITH.
(The official copy of Resolution No. 35-00 is on file
in the City Clerk's office.)
The City Attorney read the caption of the Resolution.
The City Manager explained that there has been a
revision to Exhibit "A" of the Budget Summary. The revision is
in the fourth column under Special Revenue Funds in the Expendi-
tures/Expenses category. An error was made in the original
Exhibit. The line Economic Environment is about $110,000 too
high. This dollar amount has been reduced from $2,521,857 to
$2,411,869 which changed the total expenditures/expenses. The
Reserves should be $340,418 instead of $148,930. This now
-9- 04/18/00
brings the estimated revenues and expenses into balance. As
presented originally, it was not balanced and staff failed to
catch that error. The other changes to the Budget are explained
in detail in the backup material. The total General Fund budget
increases by about $1,000,000 with roughly 1/3 of that being the
donation of the Cornell property and the Williams House to the
City. A little over 1/3 of that is the Fire contract and the
additional overtime that is necessary. The remaining money is
spread amongst the other departments.
Mr. Schwartz questioned the two line items for Ad
Valorem taxes. The City Manager explained that the 6.91 is the
City's operating millage and the 0.74 is the debt service for
the general obligation bond issues.
With regard to the increased expenses for the Citrix
tournament, Mr. Perlman inquired as to whether or not there is a
Profit & Loss statement completed for this particular event.
The City Manager stated that the City has a summary of only what
the City has spent on the tournament. The City Manager stated
he will provide Mr. Perlman with a report of the City's expenses
for the Citrix tournament. Mayor Schmidt commented that he too
would like to see this report.
Mr. Schwartz moved to approve Resolution No. 35-00,
seconded by Ms. Archer. Upon roll call the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion
passed with a 5 to 0 vote.
9.H. CLAIMS FROM SEWAGE BACKUP: Consider approving payment
of claim and authorize the Claims Review Committee to make
payment on any other claims as appropriate.
The City Attorney stated this is a claim resulting from
a sewage backup which occurred on April 9, 2000. The City
Attorney explained that the City's Insurance Adjuster paid
$35,000 on one claim so that the owner could start the cleanup
and repair process. This was paid as an emergency item subject
to approval by the City Commission. This had to be paid because
of health, safety, and business reasons for this business. In
addition, she suggested that the Commission authorize the Claims
Review Committee guidelines to make payment on any other claims
that may result from this incident.
Commissioner Archer asked whether or not the proce-
dures have been rectified to prevent something like this from
happening again? In response, Dan Beatty, Deputy Director of
Public Utilities, stated there have been some modifications made
to the Standard Operating Procedures (SOP) for the Water Treat-
ment Plant Operator who is in charge after hours for monitoring
the lift station alarms. Me further explained that there was an
unfortunate set of circumstances that all compiled into a confus-
ing situation thus resulting in the spill.
o4/ s/oo
With regard to the modifications to the Standard
Operating Procedures (SOP), Commissioner McCarthy asked Mr.
Beatty if this will be a way to foresee an incident such as this
one before it actually happens? In a power failure situation,
Mr. Beatty explained that the alarms that are on the systems now
for key lift stations will automatically trigger alerting one
individual responding from the City and one individual respond-
ing from Florida Power & Light.
Th~ City Manager stated that normally you would get a
high level of alarm well before you get an overflow. However,
for a variety of reasons, it did not happen in this case.
After discussion, Mrs. Archer moved to approve the
claims from sewage backup, and authorize the Claims Review
Committee to make payment on on any other claims as appropriate,
seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy
- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion
passed with a 5 to 0 vote.
9.I. PROPOSAL FOR SETTLEMENT/BEIZER V. BRINKER, ET AL.:
Consider a proposal for settlement in the referenced matter.
The City Attorney recommends that the City Commission
reject the Proposal for Settlement and stated the charges are
not valid.
Mr. Schwartz moved to reject the Proposal for Settle-
ment in Beizer versus Brinker, et al, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes. Said motion to deny passed with a 5 to 0
vote.
9oJo
YOUTH COUNCIL APPOINTMENT TO VISIONS 2010 STEERING
COMMITTEE: Appoint a representative from the Youth Council to
the Steering Committee for the Visions 2010 Planning Retreat.
Mr. Perlman moved to appoint Jim Reidy as a representa-
tive with Nick Linder, (President), as his alternate, from the
Youth Council to the Steering Committee for the Visions 2010
Planning Retreat, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt
- Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz -
Yes. Said motion passed with a 5 to 0 vote.
9.K. CONTRACT ADDITION/SHENANDOAH CONSTRUCTION: Consider
approval of an addition to the existing contract with Shenandoah
Construction in an amount not to exceed $17,000.00 to complete
the cleaning and televising of approximately 6,500 linear feet
of drainage pipe at various locations throughout the City, with
funding from 448-5470-538-65.46 {Stormwater Utility - NE/NW
Area).
-zl- 04/ls/00
Randal Krejcarek, City Engineer, stated that this item
is an addition to the contract with Shenandoah Construction
which the City Commission approved last month for the cleaning
and televising of the drainage systems associated with the 2000
Road Bond Program. The initial estimate that the City received
from Shenandoa was for $15,000. Once Shenandoah started on the
project, they realized that the cleaning involved in this
project was much more than originally estimated. Shenandoah
came back to the City and said it would be approximately another
100 hours of cleaning and about 68 hours of televising for a
total of approximately $17,000. Mr. Krejcarek explained that
the City of Delray has piggy-backed onto the contract that
Shenandoah has with the Broward County School Board.
Mrs. Archer asked if this is going to be typical of
other problems the City may encounter in other areas of the
City? At this point, Mr. Krejcarek stated it is hard to say for
certain because some areas the drainage systems are relatively
old and other areas are not quite as old. If there is an exist-
ing system, staff will go in and look at the drainage system.
Mr. Krejcarek stated that it appears that the City has not done
anything this extensive in quite some time. He stated that
typically with a road project or any other improvement project,
the City is installing new drainage. Furthermore, he stated
that a lot of the City's drainage system is getting to the point
where it does need some maintenance.
At this point, the City Manager stated that over the
next few years the City will have to develop a systematic pro-
gram for doing this to meet the requirements of the National
Pollution Discharge Elimination System for stormwater systems.
The City Manager stated that the City is trying to take the
stormwater utility money and put it into building more of the
system that is needed. At some point, the City Manager stated
the City will either have to increase the stormwater utility
charge if this source is used to finance a higher level of
maintenance on the system, or the City will have to cut back on
its capital. The City Manager stated that the Commission will
need to make some decisions within the next several years.
Discussion followed by the Commission and staff.
The City Manager suggested that the Commission could
authorize staff to proceed with this unless a better price is
obtained. At that point, staff could come back to the Commis-
sion at its regular meeting of May 2, 2000.
Mr. Krejcarek stated that the contractor is ready to
proceed so this would delay everything for approximately two
weeks.
The City Manager stated that he feels comfortable
proceeding with the approval of the contract addition. If the
Commission is not comfortable with this and would like to look
-12- 04/18/00
at other prices, the City Manager stated that staff can look at
some other prices and bring back to the Commission in two
weeks. Or, unless a better price is obtained, the Commission
can go ahead and approve this and then have staff report back.
Ms. McCarthy moved to delay approval of the contract
addition with Shenandoah for two weeks so that staff may take
the time to look at competitve contractors who perform similar
work, in addition to having staff investigate to see what other
firms hourly fees are for the same services, and see if the City
can get this for a fee that is less than what has been proposed
to the Commission, and if staff cannot, then proceed from there.
At this point, Mayor Schmidt asked Ms. McCarthy if
this is delayed for two weeks, would she like to see this item
come back to the Commission on May 2, 2000, for reconsideration?
In response, Ms. McCarthy stated that she would indeed like to
see this come back to the Commission on May 2, 2000. Mrs.
Archer stated that she would second the motion with purposes of
discussion. However, Mrs. Archer would rather see the Commis-
sion approve the project subject to the availability of finding
a better price. In other words, Mrs. Archer explained that she
would rather see the Commission make a request for staff to look
for a lower price and if staff determines that there is no lower
price available, to move ahead with the current project so that
there is little impact on a time delay.
Discussion followed regarding the impact a two week
delay would have on the City.
At this point, the motion was amended in an effort to
avoid a two week delay of the project.
Ms. McCarthy moved to approve to give staff authoriza-
tion to investigate a lower bid, and as soon as rates are con-
firmed and if staff finds a lower bid, staff will proceed with
another firm, however, if a lower bid cannot be obtained, then
staff will proceed with Shendandoah, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.L. ASSIGNMENT OF THE CITY'S UNIFORM CONTRACT: Consider a
request from Harrison Uniforms, Inc. to assign the City's uni-
form contract to Harrison Palm Beach County, Inc.
Brian Shutt, Assistant City Attorney, stated that the
City's current uniform provider is closing up their local outlet
in Palm Beach County and under the terms of the contract we need
to have a local outlet to be able to service the City. The new
vendor that would like to assume the contract has no objections
to the assignment.
04/ s/00
The City Manager commented that the uniforms would
still be coming from the same manufacturer just through a differ-
ent local company.
Mr. Schwartz moved to approve the request from Harri-
son Uniforms, Inc. to assign the City's uniform contract to
Harrison Palm Beach County, Inc., seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
10.
PUBLIC HEARINGS: None
11. Co~,ents and Inquiries on Non-Aqenda Items from the
Public-Immediately following Public Hearinqs.
11.A. City Manaqer's response to prior public comments and
inquires.
The City Manager had no responses to prior comments or
inquiries.
11 .B.
From the Public.
11.B.1. Carolyn Zimmerman, 212 S.W. 2nd Avenue, recognized
Richard Eckerle, past President of the President's Council, and
stated that Delray has been very fortunate to have had such a
caring person serve as President. Ms. Zimmerman stated that Mr.
Eckerle will be remembered for his many contributions to the
City and he will be truly missed.
Secondly, Ms. Zimmerman explained that a new program
called "Building Better Neigborhoods" will be coordinated in
Delray. Cynthia Ridley, with MAD DADS, will be the coordinator
and Ms. Zimmerman will serve as the Chair for this program. Ms.
Zimmerman explained that they received a grant to fund a project
called "community chat" This program will involve a series of
eleven groups made up of ten to fifteen volunteer residents who
will meet to discuss ideas to build stronger neighborhoods.
Discussion will be on strategies to combat crime, improve hous-
ing, target educational issues, and create programs to help
seniors and teens. Delray will be used a pilot program by the
Studies Circle Resource Center in Hartford, Connecticut. She
explained all are welcome to attend the kick-off on April 28th
at Pompey Park from 6:30 p.m. to 9:00 p.m. If anyone needs addi-
tional information, Ms. Zimmerman suggested that they contact
MAD DADS.
Lastly, Ms. Zimmerman invited everyone to attend "The
Easter Bonnet Stroll" being held on Sunday, April 30th at Old
School Square between 3:00-4:30 p.m.
11.B,2. Alice Finst, 707 Place Tavant, explained that on April
12, 2000, the Site Plan Review and Appearance Board (SPRAB)
04/is/00
considered a site plan approval for a project called Parkside
Townhomes at Delray. This project is along the west side of the
E-4 Canal south of the Sudan subdivision on the east side of
Coral Trace Boulevard. Ms. Finst stated that for a long period
of time there was access from Lake Ida Road to Atlantic Avenue
along the E-4 Canal on the Davis Road extension. Several years
ago that road was closed off and from time to time there has
been conversation about getting a route from Lake Ida Road along
Davis Road to Atlantic Avenue. If indeed Davis Road is perma-
nently closed and before further development continues, she
urged the Commission to look into whether or not it would be
appropriate to have access from Lake Ida Road to Atlantic Avenue.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 10-00 (VALET PARKING OUEUE SIGNS): An
ordinance amending Chapter 71, "Parking Regulations", of the
City Code by amending Section 71.022, "Parking Prohibited During
Certain Hours on Certain Streets", to provide for the use of
valet parking queues. If passed, a public hearing will be
scheduled for May 2, 2000.
The City Manager presented Ordinance No. 10-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 71, "PARKING REGULATIONS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 71.022, "PARKING
PROHIBITED DURING CERTAIN HOURS ON CERTAIN
STREETS", TO PROVIDE FOR THE USE OF VALET
PARKING QUEUES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 10-00 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 10-00 on
FIRST Reading, seconded by Mr. Schwartz. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
13.
Comments and Inquiries on Non-Aqenda Items.
13 .A.
City Manaqer.
The City Manager reminded the City Commission of their
Goal Setting Session which will held on Thursday, April 27,
2000, at the Duncan Conference Conference Center from 8:00 a.m.
- 5:00 p.m.
-15- 04/18/00
The City Manager announced that the Palm Beach County
League of Cities will be meeting on Wednesday, April 26, 2000,
in the gym at Old School Square at 10:30 a.m.
13 .B.
City Attorney.
The City Attorney had no comments or inquiries.
13 .C.
City Commission.
13.C,1. Commissioner Archer
Commissioner Archer had no comments or inquiries.
1S.C.2. Commissioner Perlman commented on Laver's and suggest-
ed that the City explore the costs of alternative sites. He
feels there is a need for more family recreation throughout the
City.
Secondly, Commissioner Perlman stated there is program
being considered by the City of Boynton Beach that they will
allow City employees to take one hour a week to mentor local
children. The City of Boynton Beach is working with the State
Department of Labor and will be the first City in south Florida
to start this program. He feels this would enable local chil-
dren who do not have parental influence to at least have a
mentor for a short period of time each week and urged the City
to look into this program.
Lastly, Commissioner Perlman recognized Richard Eck-
erle and stated that he will be truly missed.
13.C.3. Commissioner Schwartz reiterated comments expressed by
Commissioner Perlman with regard to Richard Eckerle.
~3.C.4. Commissioner McCarthy expressed appreciation and
thanked City employees for being so responsive and patient to
her questions regarding various issues. In addition, she wished
everyone a happy holiday season.
13.C.5. Mayor Schmidt with regard to Richard Eckerle, Mayor
Schmidt reiterated comments made by Commissioner Perlman and
Commissioner Schwartz and recognized him for his many contribu-
tions to the City of Delray. Mayor Schmidt suggested that the
City consider planting a tree to honor the memory of Mr. Eckerle
as a tree was planted in memory of Anita Barba when she passed
away.
Mayor Schmidt wished everyone a great holiday season.
There being no further business, Mayor Schmidt de-
clared the meeting adjourned at 7:30 P.M.
-16- 04/18/00
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the meeting of said City Commission of April 18, 2000, which
minutes were formally approved and adopted by the City Commis-
sion on ~9,j ~ ~OC)O
City Cl~k '
NOTE TO READER:
If the minutes you have received are not completed as indicated
above, this means they are not the official minutes of the City
Commission. They will become the official minutes only after
review and approval which may involve some amendments, additions
or deletions.
04/ s/00
DELRAY CAMERA CLUB PRESENTATION
The Delray Camera Club is a group of amateur and
professional photographers who meet twice a month to
learn more about photography from one another and from
informative workshops, lectures, slide shows, field trips
and monthly competitions.
Each year we invite the Delray Camera Club to
exhibit their work at City Hall.
The club's exhibit this year is the "6th Annual
Members' Showcase".
Club members were permitted to use one roll of film
to take pictures anywhere in Palm Beach County. Judges
selected 43 photographs from 800 prints.
These photographs are on display City Hall lobby
through April 28th. The second floor exhibit is a selected
collection of work over many years of competitions and
exhibitions by members of the Delray Camera Club.
HONOR~4BLE MENTION
Barbara Miller
"I Love Veggies"
Patrick Ellis
"Showing Off In Lavender"
Gene Freeman
"I Found The Sea Treasure"
Florence Greenberg
"Monarch Butterfly"
Third Place
Soni Wallace
"Sea Gull"
Second Place
Robert Boylson
"Over The Hurdle"
First Place
Soni Wallace
"Petite Loxahatchee Sailor"
£1T¥ JIF DELRR¥ BI I3£H
DELRAY BEACH
1993
100 N.W. 1st AVENUE
MEMORANDUM
DELRAYeEACH, FLORIDA 33444 561/243-7000
TO:
~avid Harden, City Manager
David Schmidt, Mayor
Patricia Archer, Vice Mayor
Bill Schwartz, Deputy Vice Mayor
Alberta Perry McCarthy, Commissioner
Jeff Perlman, Commissioner
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: National Accreditation
DATE: March 31, 2000
The Delray Beach Parks and Recreation Department is proud to present the award we received for earning national
accreditation from the Commission for Accreditation of Parks and Recreation Agencies for quality parks and recreation
administration. Currently we are only one of 26 agencies nationwide that has received this award. The process of
accreditation is extensive and took several years to accomplish. After our initial application, 30 staff members were
divided into 10 teams to conduct a self-assessment of 154 (36 of which are mandatory) standards that represent
elements of effective and efficient park and recreation administration. Categories covered in the self-assessment
included the following' Agency Authority, Role and Respons~bihty; Planning, Organization and Administration; Human
Resources, F~scal Policy and Management; Program and Service Management; Facility and Land Use Management,
Safety and Security; Risk Management; and Evaluation and Research. This was followed by a visit to the City of Delray
Beach Parks and Recreation Department from a team of certified park and recreation professionals and experienced
citizen board members. There was a final review and accreditation was approved by the Commission for Accreditation
of Parks and Recreation Agencies in Washington, D.C. on March 3, 2000.
A minimum of 135 standards, including 36 mandatory standards, are necessary for accreditation. Delray Beach Parks
and Recreation met 144 standards, including the 36 mandatory ones. We are in the process of rewew~ng and
correcting the standards we missed.
Accreditation was a very positive experience for the Delray Beach Parks and Recreation staff. It gave us the
opportunity to see how we measured against the national standards and assured us that we are on track in our efforts
to provide quality park and recreation facilities and programs for the residents of Delray Beach.
J! eJdon ~ ~
l~~Parks and Recreation
Ref:compracc
Prln~ on Recyc. led PKoer
THE EFFORT ALWAYS MATTERS
Commission for Accreditation of Park and Recreation Agencies
NEWS RELEASE:
City of Delray Beach Parks and Recreation Department
EARNS NATIONAL ACCREDITATION
Who:
City of Delray Beach Parks and Recreation Department
Joe Weldon, Director
50 N.W. 1st Avenue, Delray Beach, FL 33444
(561) 243-7250
What:
National Accreditation from the Commission for Accreditation of Park and
Recreation Agencies
When: March 3, 2000
Where:
Washington, DC - NRPA Mid Year Forum and Legislative Conference
Why:
For quality park and recreation administration
On March 3, 2000, the City of Delray Beach Parks and Recreation Department became one of the
twenty-six agencies that have received national accreditation from the Commission for
Accreditation of Park and Recreation Agencies (CAPRA). The award was announced in
Washington, DC at the 2000 NRPA Mid Year Forum and Legislative Conference.
The process of accreditation is extensive and took several years to accomplish. After the initial
application, the agency completed a self-assessment. This was followed bx' a visit to the City of
Delray Beach Parks and Recreation Department, from a team of certified park and recreation
professionals and experienced citizen board members. Final review and accreditation was
approved by the Commission. National accreditation requires park and recreation agencies to
respond to 153 standards which represent elements of effective and efficient park and recreation
operations.
Director, Joe Weldon, attended the Comnfission hearing on March 3, 2000 in Washington, DC
and was notified that the City of Delray Beach Parks and Recreation Department had received
accreditation.
The Commission is comprised of representatives from the National Recreation and Park
Association, the American Academy for Park and Recreation Administration, and the National
Association of County Park and Recreation Officials.
For further information on the Commission on Accreditation of Parks and Recreation Agencies,
contact: National Recreation and Park Association, Michelle Herrera, CLP
22377 Belmont Ridge Road, Ashbum VA 20148
(703) 858-2152; Fax: (703) 858-0794; E-mail: mherrerar~nrpa org
National Recreation and Park Association
22377 Belmont Ridge Road · Ashburn, VA 20148 · (703) 858-0784 · Fax: (703) 858-0794
AGENDA ITEM NUMBER:
Request to be placed on:
AGENDA REQUEST
Date: March 31,
XX Regular Agenda
Special Agenda
Workshop Agenda
When: April 18, 2000
Description ofagendaitem: Presentation of accreditation award Parks
Department earned from the Commission for Accreditation of Parks
Agencies through the National Recreation and Park Association.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
Recommendation: Allow presentation.
NO X
NO X
2000
and Recreation
and Recreation
Department Head Signature: N~ ~,~ ~~'~/
Determination of Consistency w!h~Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available:
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Yes No
(if applicable)
Approved for agenda:~ ~
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER .~ ~, '
DIANE DOMINGUEZ, DIRECTOR OF PL~N~~~.
,JEFFREY A. COSTELLO, PRINCIPAL PLANNER
MEETING OF APRIL '18, 2000 **CONSENT AGENDA**
ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION ASSOCIATED WITH
LUCIEN COMMERCIAL BUILDING.
The action requested of the City Commission is acceptance of a right-of-way deed associated
with the Lucien Commercial Building, located on the east side of SE 1st Avenue, approximately
190' north of SE 2"d Street, within the CBD (Central Business District) zoning district.
At its meeting of September 22, 1999, the Site Plan Review and Appearance Board (SPRAB)
approved the site plan for Lucien Commercial Building, subject to conditions, which included
execution of a right-of-way deed. The approval was for the construction of a 1,610 sq.ft.
commercial building with associated parking and landscaping.
Pursuant to LDR Section 5.3.1, the required right-of-way width for SE 1st Avenue is 60' and 40'
exists. However, pursuant to LDR Section 5.3.1(D)(4) (Reduction in Width), reductions in the
required right-of-way width may be granted by the City Engineer upon a favorable
recommendation from the Development Services Management Group (DSMG) for existing
streets. As SE 1st Avenue is an existing street, the DSMG and City Engineer determined that a
right-of-way width of 45'-50' for this section of SE 1st Avenue would be sufficient. Therefore,
with this development proposal 5' of right-of-way must be provided. The City Attorney has
reviewed the right-of-way deed for legal sufficiency and form, and determined it to be
acceptable.
By motion, accept the right-of-way deed associated with the Lucien Commercial Building.
Attachments:
Location Map
Reduced Site Plan
Right-of-Way Deed
COMMUNITY
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CITY OF DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
LUCIEN COMMERCIAL BUILDING
-- DIGITAl. ~ 1144p SYET£M -- MAP REF LM571
'1
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INDENTURE made this 1 ~t~"/~day of/4r~-~2_£~4t , ~ be~een o~
~~ ~~ ~c[~ , ~ a m~l~g ad.ess of /3~ ~/~~
~ ~, ~ 33~, as p~ of the first p~ ~d CITY OF DEL~Y
BEACH, FLO~DA, a Florida m~cipal co~orafion ~ a mailing ad,ess of 100 N.W. 1 st
Avenue, Delray Beach, Flofi~ 33444, ~ p~ of~e second p~.
WITNESSETH:
That said party of the first part, for and in consideration of the sum of One Dollar
($1.00) and other valuable considerations paid, receipt of which is hereby acknowledged, does
hereby grant, remise, release, quit claim and convey unto the party of the second part, its
successors and assigns, all right, tire, interest, claim and demand which the party of the first part
has in and to the following-described land, situate, lying and being in the County of Palm Beach,
State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the
second part, its successors and assigns, a right-of-way and easement in and to said lands for
public highway, street, and public utility purposes; and is made, executed and delivered with the
express understanding and condition that should the same ever be discontinued or abandoned as a
public highway or street, the title to same shall thereupon revert to and revest in the party of the
fn'st part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. That the party of the first part agree to provide for the release of any and
all mortgages or liens encumbering this right-of-way. The party of the first part also agree to
erect no building or effect any other 'kind of construction or improvements upon the above-
described property.
Party of the first part does hereby fully warrant the title to said land and will
defend the same against the lawful claims of all persons whomsoever claimed by, through or
under it, that it has good right and lawful authority to grant the above-described right-of-way and
that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits,
the same shall include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behoof of the said party of the second part, its successors and
assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand
and seal the date first above written.
Signed, sealed and delivered PARTY OF THE FIRST PART
in the presence of:
& '
(Name printed or typed) (N~ame printed or typed)
(Name printed or typed)
STATE OF 1=(o th'tl,~-
COUNTY OF P~t,-~ fqc44
The foregoing
~ z~°, t~jlr, by
to me or has produced
rowdecdl.fi'm
rev. 4/16/98
~em was acknowledged before me this /g4'~ day of
~.~t~f ,~.'~L//~..~/'~ who is per~o~ly ~o~
~ idenfificafio~~
~ of'~ ~ublic - State of Florida
MY COMMISSION ~ CC ~1~ J~
OF ~-r' ~, .~LO~F. 1~ oF
THIS IS NOT A SURFEY
Not Yal~d uniess
Renner, Burgess, Inc. sealed with embossed
Authorization Number LB6504
Delray Beach, FL 33~3 I hereby ceRify that the S~TCH OF DESC~TION shown hereon
Phone 56~-2~-4~24 meets.the/minimud technical standards set todh in Chapter ~ ~ 7-6,
Fax 2~-4B~9 Florida. A~ministra ire Gode~]suant to Section 472.027, ~lorida
West Palm 735-7639 , Statut~,s. J
West Palm Fax 735-7~1 ~
_ Toll Free 1-800-773-5531
Fax Free 1-8~-954-~08 ~Har~ A B~gess , /' ~ P.L.S. No. 5089'
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
DIANE DOMINGUEZ, PLANNING AND ~.~G"0~RL=~"~*O~
MEETING OF APRIL 18, 2000 **CONSENT AGENDA**
AGREEMENT FOR SIDEWALK IMPROVEMENTS FOR PROFILES IN CONCRETE.
The action requested of the City Commission is that of acceptance of an agreement between the City
and Profiles in Concrete to allow the deferral of the sidewalk improvements along Royal Palm Drive,
Lime Lane and Poinsettia Drive associated with the construction 25,600 sq. ft. industrial building. The
subject property is located at the northeast corner of Poinsettia Drive and Lime Lane, within the MIC
(Mixed Industrial Commercial) zoning district.
At its meeting of March 15, 2000, SPRAB approved the site plan for Profiles in Concrete, a 25,600 sq.
ft. industrial development. In conjunction with the site plan, the Board approved deferral of the
requirement to install a sidewalk along Royal Palm Drive, Lime Lane and Poinsettia Drive provided
that the owner enters into an Agreement/Covenant acceptable to the City Attorney to install the
sidewalk when required by the City.
Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along Poinsettia Drive, Lime Lane
and Royal Palm Drive. Presently, there are no sidewalks along these streets. The property is located
within a redevelopment area, which currently does not contain any sidewalks. Pursuant to Section
6.1.3(D)(2), where it is clear that the sidewalk will not serve its intended purpose, the requirement for
installation of a sidewalk adjacent to the property being developed may be waived during site plan or
plat approval. It is appropriate to defer the sidewalk installation until the time that they are installed as
part of a Redevelopment Plan (if so determined), or until the City otherwise determines they are
needed. The waiver request was reviewed and supported by the Development Services Management
Group (DSMG) and the City Engineer. The attached sidewalk deferral agreement shall run with the
land and be binding on the parties' heirs, assigns and successors. The Assistant City Attorney has
reviewed and approved the attached agreement as to form and sufficiency.
By motion, approve the sidewalk deferral agreement for Profiles in Concrete.
Attachments:
· Sidewalk Agreement
· Location Map
I
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DELRAY BEACH
MEMORIAL
GARDENS
STREET
THE
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11TH ST
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WALLACE
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WALLACE
NISSAN
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WALLACE
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CITY OF DELRAY BEACH, FL
PLANNING &: ZONINGDEPARTMENT
-- DIGITAL ~$E I~P $~'STEM --
PROFILES IN CONCRETE, INC.
MAP REF LM392
This instrument prepared by
Jeffrey M, Ostrow, Esquire
HODKIN & OSTROW, P. A
350 East Les Olas Blvd
Suite 1440
Fort Lauderdale, FL 33301
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into this-- ~'Y~day of April, 2000, between the City of
Delray Beach (hereinafter "the City") and PROFILES IN CONCRETE, INC., (hereinafter
"the Owners"), for the purpose of waiving the requirement of the installation of a sidewalk
along Royal Palm Drive, Lime Lane, and Poinsettia Drive, until such time as the City
requests the construction of the sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation
of a sidewalk, within the above referenced streets right-of-way immediately abutting the
subject property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from the requirement of the
installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1 )(b),
arld,
WHEREAS, in order to provide conformity along the street the City Commission
voted to waive the requirement for the installation of a sidewalk until such time as the City
requests the Owner construct the sidewalk.
WITNESSETH
NOW, THEREFORE, in witness of the above and in considerahon'of the City
agreeing to waive the requirement for the installation of a sidewalk, at this time, for the
property located at Lots 1-3 and #6 of Block B of SUNNY ACRES, according to the plat
property located at Lots 1-3 and #6 of Block B of SUNNY ACRES, according to the plat
thereof as recorded in Plat Book 21, page 63, Palm Beach County Public Records, Palm
Beach County, Florida.
1. The Owner agrees to construct a sidewalk, at its sole cost and expense,
along the streets identified above abutting the subject property, within a time period that
is acceptable to the C~ty, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances of the City of Delray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall
be binding on the parties legal representatives, heirs, successors and assigns.
WITNESSES:
(Please type or print name)
(Please ~ype or print name)
PROFILE IN~.GN~ETE, INC.
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing ~nstrument was acknowledged before me this /~,x,x day of April,
2000, by )hL-D~,~_. ¢-.v~-\¢- , (name of officer or agent), of PROFILES IN
CONCRETE, INC., a Florida corporation, on behalf of the corporation.
~k_~'~,,,,~sg'c'(Type of identification) as
..... ~,,y r,, ,,.,vv,, [U i~,~-er-- has produced
identification and 41ieVdid not take an oath.
Signature o~l~'ot & r~"'P t~ ~i7:;
State of Florida
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form and sufficiency:
City Attorney
CITY ATTORI EY'S OFFICE
DELRAY BEACH
1993
DATE: April 11, 2000
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561,:243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
City Commission .~
Brian Shutt, Assistant City Attorney
SUBJECT:
Seacrest/Del-Ida Special Assessment District-
Amended Resolution of Necessity
The City Commission previously adopted a Resolution of Necessity on January 4, 2000,
providing for the necessity of the improvements in the Seacrest/Del-Ida neighborhoods.
Since that time, changes have been made to Exhibit B, adding to the improvements that
will be constructed in the neighborhoods. All other items in the original Resolution of
Necessity will remain the same.
The City Commission must approve the amended resolution of necessity in order for City
staff to prepare the assessment roll. The City will publish the amended resolution for
two consecutive weeks after adoption by the Commission.
If you have any questions concerning this matter, please call.
Attachment
CC.'
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 34-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION 1-00 THAT
DECLARED THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR
THE SEACREST/DEL-IDA NEIGHBORHOODS AS SHOWN ON
EXHIBIT "A", AND DIRECTED THE ESTABLISHMENT OF A
SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE
EXPENSE FOR PUBLIC IMPROVEMENTS TO THE
SEACREST/DEL-IDA NEIGHBORHOODS; PROVIDING FOR THE
ESTIMATED COST OF THE IMPROVEMENTS; PROVIDING FOR
THE PREPARATION OF THE ASSESSMENT ROLL.
WHEREAS, the City Commission of the City of Delray Beach previously
approved Resolution No. 1-00 on January 4, 2000, declaring the necessity for the
improvements in the Seacrest/Del-Ida neighborhoods; and
WHEREAS, Exhibit "B" was attached to Resolution 1-00 showing the general
locations of the improvements; and
WHEREAS, Exhibit "B" attached to Resolution 1-00, is hereby amended by
Exhibit "B" attached hereto; and
WHEREAS, the revised Exhibit "B" provides for an increase in different
improvements to the Seacrest/Del-Ida neighborhoods; and
WHEREAS, the owners of property within the Seacrest/DeMda neighborhoods
requested the City perform these improvements; and
WHEREAS, the cost of the improvements to be performed in the Assessment
District shall remain the same and is estimated to not exceed the amount of
$1,543,900.50 and the total cost to be assessed to the property owners shall not exceed
half of that amount or $771,950.25; and
WHEREAS, the City Commission directs City staff to place on file in the City
Clerk's Office specifications and cost estimates for the improvements; and
WHEREAS, the property owners may pay the special assessment in one lump
sum no later than 60 days following final consideration of the special assessment after
construction is completed or the property owners may pay the assessment in ten (10)
annual installments at an interest rate of 8%; and
WHEREAS, the lands upon which the special assessment shall be levied are all
lots and lands adjoining and contiguous or bounding and abutting upon the improvements
or specifically benefited thereby and further designated by the map attached hereto as
Exhibit "A"; and
WHEREAS, the City Manager shall prepare and present to the Commission an
assessment roll showing the lots and lands to be assessed and the amount of the
assessment as to each.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
this Resolution.
The recitals set forth above are hereby adopted and incorporated in
Section 2. That the City Commission hereby amends Resolution 1-00 and
declares a need for the public improvements within the special assessment district in
conformance with the above recitals and Resolution 1o00 and for the imposition of a
special assessment in conformance with this resolution.
Section 3. That this resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regular session on this the ~
2000.
day of .,
ATTEST:
MAYOR
City Clerk
[lTV OF DELRRV BEFI[H
CiTY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wnter's Direct Line: (561) 243-7091
1993
DATE:
TO:
FROM:
April 13, 2000
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Proposed Right-of-way Use Agreemem for FPL Fibernet
FPL Fibemet has requested permission to use the City's rights-of-way in order to install
telecommunication cable in the City. This Use Agreement allows FPL to use the City's
rights-of-way in accordance with our current or future ordinances as they may be
amended.
This Use Agreemem provides that FPL shall comply with all of the City's ordinances
while using the right-of-way; pay to the City a fee based on its gross receipts or on the
linear feet of cable in the right-of-way; and, indemnify and hold harmless the City
concerning its use of the right-of-way. The initial term of this Agreemem is for ten
years with a potential of three renewal periods each for a three year term.
By copy of this memorandum to David Harden, City Manager, our office requests that
this Use Agreement be placed on the April 18, 2000 City Commission agenda. Please
call if you have any questions.
CC:
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
RIGHT-OF-WAY USE AGREEMENT
THIS RIGHT-OF-WAY USE AGREEMENT, effective on ,
2000, between the CITY OF DELRAY BEACH, a municipal corporation of the State of
Florida, hereinafter referred to as the "City" and FPL FIBERNET, LLC, hereinafter
referred to as the "Company".
RECITALS
WHEREAS, the Florida Legislature finds the provision of competitive
telecommunications services to be in the public interest and requires that a person providing
certain telecommunications services obtain certification from the Florida Public Service
Commission; and,
WHEREAS, the Company is a corporation duly organized and existing under the laws
of the State of Florida and is certified by the Florida Public Service Commission to provide
telecommunications services; and,
WHEREAS, City is willing to allow telecommunications providers the use of right-of-
way in order that customers in the City have an increased array of telecommunications choice,
provided that such use will be subject to any future ordinances of the City governing the use of
right-of-way.
NOW, THEREFORE, in consideration of the recitals and the mutual promises contained
herein, the parties agree as follows:
The foregoing recitals are correct and are incorporated into this Right-of-Way Use
Agreement.
I. INSTALLATION
Subject to all the conditions set forth below, the City hereby grants to Company the right to
utilize City rights-of-way. Plans sealed by a Florida professional engineer will be submitted
by Company, for the aboveground, at grade or underground installation of fiber optic cable
and associated equipment to be used by Company solely for the provision of
telecommunications services certificated by the Florida Public Service Commission.
Company shall conform to all the requirements of Delray Beach Code of Ordinances
pertaining to the regulation of the use of right-of-way, as such may be amended from
time to time, and to such other reasonable regulations adopted by the City for
construction work in City right-of-way. Company shall submit signed and sealed plans
to the City for approval at least thirty (30) days prior to commencing any construction.
B. All underground construction shall be done using trenchless technology methods.
Do
Aboveground installation shall be done only with the prior written permission of the
owner of the poles and cables to be utilized, a copy of which shall accompany the
sealed plans to be submitted to the City.
Company shall provide the City with as-built plans no later than sixty (60) days
following completion of all construction work in City right-of-way.
(1)
In the event that the City reasonably requires the relocation of any of its utilities
on street and/or sidewalk right-of-way, Company agrees to relocate to another
reasonable location of the City's choice, or to deepen in place, upon receipt of
the City's written request, any cable or conduit that Company has installed in
the right-of-way, with Company bearing all costs and expenses reasonably
related to the relocation or deepening being requested by the City.
(2)
If the City requires Company to adapt or conform its cable and conduit, or in
any way or manner to alter, relocate or change its cable and conduit to enable
any other entity or person, except for the City, to use, or to use with greater
convenience, any public street, alley or right-of-way, Company shall not be
required to make any changes until such other entity or person shall have
undertaken, with solvent bond satisfactory to City, to reimburse Company for
any loss or expense which will be caused by, or arise out of such change,
alteration or relocation of Company's cable and conduit; provided, however,
that the City shall never be liable for such reimbursement.
Il. COMPENSATION TO CITY
The following consideration for the use of City right-of-way shall be paid by
Company to City:
Ao
Consistent with federal and state law, as amended, and commencing on the effective
date of this Right-of-Way Use Agreement, the Company shall pay quarterly (on the
City's fiscal year basis) to the City a sum of money equal to one percent (1%) of its
gross receipts on recurring local service revenues derived during each quarter from
services provided within the corporate limits of the City by the Company, excluding
revenues derived from calls made by the City. "Local service revenues" are defined as
all revenues received by the Company from its customers, except the City, for
providing the local transport of voice, data and video signals as provided in this
Agreement, including but not limited to, those revenues derived from
telecommunication services listed in subsections (1) through (6) of §203.012, Florida
Statutes, as it may be amended.
(1)
Payment shall be made within fifteen (15) business days after the close of each
fiscal quarter, and the Company shall file, with the City's Director of Finance,
a statement, signed by an authorized accounting or financial representative of
the Company, of the gross receipts on recurring local service revenues derived
Co
(2)
in the preceding quarter. Acceptance of any fee payment shall not be deemed a
waiver or release of any claims the City may have for additional sums, nor be
construed as an accord that the amount paid is correct.
If any quarterly payment is not received by the City within such period, the
Company shall pay interest on any such unpaid portion thereof at the rate of
eighteen percent (18%) per annum from the first day after the payment period
of fifteen (15) business days until paid to the City, and the Company shall
reimburse the City for the actual and reasonable out of pocket costs of the City
associated with collecting any sums of money the Company is required to remit
to the City pursuant to this Agreement.
If Company is not providing recurring local service in the City, Company shall pay
City annually consideration based on actual linear feet of any cable, fiber optic or other
pathway that makes physical use of City right-of-way.
(1)
Pursuant to Ch. 337.401 FSA, in no event shall the fee or other consideration
imposed be less than $500 per linear mile of any cable, fiber optic, or other
pathway that makes physical use of the municipal right-of-way. Any fee or
other consideration in excess of $500 shall be applied in a nondiscriminatory
manner and shall not exceed the sum of:
a. Costs directly related to the inconvenience or impairment solely caused by
the disturbance of the municipal right-of-way; and,
b. The reasonable cost of the regulatory activity of the municipality; and,
c. The proportionate share of cost of land for such street, alley, or other public
way attributable to utilization of the right-of-way by a telecommunications
service provider.
Company may, in addition, make various services and/or facilities available to City for
municipal purposes on a cost of materials and labor basis plus 15% administrative
overhead cost, payment for which will be set off against Company's franchise fees
payable to City.
The consideration to be paid by the Company to the City under this Section are
compensation for the use by the Company of the City's rights-of-way and are not taxes,
as allowed by the Florida Constitution, the general or special laws of the State of
Florida or any ordinance of the City. The Company shall at all times continue to be
subject to public service taxes (Section 166.231, Florida Statutes), ad valorem taxes
(Section 166.211, Florida Statutes), and such other taxes, charges or fees as may be
lawfully authorized by the Florida Constitution, the general or special laws of the State
of Florida, the provisions of the Municipal Home Rule Powers Act (Chapter 166,
Florida Statutes) or the Code of Ordinances of the City. The utility tax provided by
Chapter 50 of the City's Code of Ordinances is required separate and above from the
franchise fee.
In the event the maximum fee authorized by the laws of the State of Florida' or
ordinances of Delray Beach shall be increased beyond the current amount of one
percent (1%) of the gross receipts on recurring local service revenues or the
consideration per linear mile as prescribed in §377.401 of the Florida Statutes, the City
shall be authorized to unilaterally amend this Agreement and prospectively (from the
effective date of such change in the laws of the State of Florida) increase the fee
provided for herein to the maximum fee authorized by the laws of the State of Florida.
Further, in the event the maximum fee authorized by the laws of the State of Florida or
ordinances of Delray Beach shall be decreased below the current amount of one percent
(1%) of the gross receipts on recurring local service revenues or the consideration per
linear mile as prescribed in §337.401 of the Florida Statutes or eliminated in its
entirety, the City shall unilaterally amend this Agreement and prospectively (from the
effective date of such change in the laws of the State of Florida) decrease or eliminate
the fees provided for herein to the maximum fee authorized (if any) by the laws of the
State of Florida.
The Company, and its agents and outside contractors shall make available for
examination by the City or its authorized representative or agent, during normal
business hours, the books, records and accounts and other documentation of the
Company (hereinafter collectively referred to as the "Report") that, as determined by
the City, are necessary to determine the accuracy of the gross receipts on recurring
local service revenues upon which the Permit fee payment is based, and shall permit
the City, or its authorized representative or agent, to make and remove copies of the
Report, including computer printouts or other data of customer billings. In the event
the Reports are not available to the City for examination in the corporate limits of the
City, the Company shall reimburse the City for the reasonable travel expense of the
City's representative resulting from said representative's travel to the location where
the Reports are maintained and shall permit the City to make and remove copies of the
Report, including computer printouts or other data of customer billings. Upon request
by the City, or its designated representative, the Company shall provide a copy of any
annual report f~led with the Florida Public Service Commission (PSC). The City, or its
designated representative, shall have the right during the life of this Agreement to
examine the Reports; provided, however, that the Company shall be obligated to
maintain its billing records only for the period of time required by the PSC (or its
successor agency, or, in the event the Company is no longer subject to the jurisdiction
of the PSC for the period of time required by the City) and that any examination
conducted after such period shall be confined to the billing records then available. No
later than thirty (30) days after the request of the City, or its representative, the
Company shall supply to the City, a copy of the Reports. Such copy shall be in the
media requested by the City provided that it is economical and practical for the
Company to do so; however, in no event shall paper copies of requested documentation
be deemed uneconomical or impractical. The City agrees to keep any documentation
and reports confidential as may be provided by Florida Statutes.
The above consideration to be paid to the City shall be in addition to any reasorutble
engineering inspection fees and performance and construction bond requirement set by
the City. At City's option, Company shall engage the services of a third-party
engineering inspection service to perform such inspections at Company's sole cost.
III. CONSTRUCTION IN RIGHT-OF-WAY
Consistent with the requirements of federal and state law, as amended, each telecommunication
provider authorized to construct backbone facilities in the public right of way shall construct
those facilities so that they are capable of accommodating additional telecommunications
facilities owned by other persons. Lateral connections, into specific locations are not included
in this requirement. Consistent with the requirements of federal and state law, as amended,
each telecommunications provider authorized to construct facilities in the public rights of way
shall permit, to the greatest extent possible, utilization of their conduit, poles, trenches and
other facilities by cable television and telecommunication providers, or shall colocate its
facilities on existing facilities of others. In reviewing whether to require colocation in any
particular instance, the City shall take into account for the demand for use of a particular right-
of-way or route corridor, the Company's costs and the potential adverse impact, if any, on
Company's construction schedule from such colocation, a Company's specific access, security
and maintenance concerns as well as any technical constraints. (By way of example but not
limitation, RF interference, electrical code, OSHA, loading, fire code.) To the extent such use
shall be subject to requirements of the Telecommunications Act of 1996 regarding use of
utilities including electric, gas, and telephone right-of-way conduit and facilities for cable
television telecommunication purposes, rates and charges shall be consistent with the general
objectives and requirements outlined in that Act.
Any telecommunications provider whose facilities contain additional capacity for installation or
colocation of telecommunications facilities owned by other persons shall agree to allow other
persons to install or colocate their telecommunications facilities on such facilities subject to the
requirements of federal and state law, as amended, and subject to reasonable and non-
discriminatory terms and conditions negotiated between the parties. All costs of collocating or
installing additional telecommunications facilities shall be borne by the person seeking to do
SO.
IV. WAIVER OF CLAIMS
Company agrees to waive any claims against the City for damages arising from any negligent
or unintentional breach of the underground conduit or fiber optic cable system, provided that
prior to any construction or excavation project undertaken by the City or any of its
contractors, the City, or its representative, on each such occasion contacts Company via a
telephone call to the 24 hour one Call System. In the event such call is not made and damage
to the conduit or fiber or both occurs, the City's liability shall be limited to the cost of repair
to the conduit and fiber and shall explicitly exclude any consequential business damages.
Company does not waive any claims against the City for damages arising from any act or
omission, or breach of the underground conduit or fiber, constituting gross negligence or
willful misconduct by the City, or its employees, or any of it contractors, agents' or
representatives.
V. INDEMNIFICATION
Company agrees to indemnify and hold harmless the City for all costs, losses and expenses,
including, but not limited to, damages to persons or property, including, but not limited to,
judgments and attorneys' fees, arising out of and in connection with Company's activities
under this Agreement and its continuing use of the City's rights-of-way, excluding any
negligence or willful misconduct of the City; if called upon by City, Company shall assume
and defend not only itself, but, also City in connection with any suit or cause of action, and
such defense shall be at no cost or expense whatsoever to City.
VI. AGREEMENT SUBJECT TO FUTURE ORDINANCES
Company understands that this Agreement shall be subject to future ordinances including any
right-of-way construction and administration ordinances and/or telecommunication ordinances
which may be adopted by City consistent with applicable state and federal law.
VII. TERM
The initial term of this Agreement shall commence on the date of execution by both parties
and shall end ten (10) years thereafter. The term of this'Agreement shall renew automatically
for a maximum of three (3) successive terms of three (3) years each on the same terms and
conditions as set forth herein, unless either party notifies the other of its intention not to renew
not less than sixty (60) calendar days prior to commencement of the relevant renewal term.
VIH. TRANSFER OF OWNERSHIP
This Agreement shall not be assigned by Company without the express written consent of the
City, which consent shall not be unreasonably withheld, conditioned or delayed, unless the
proposed transferee has a record of performance under similar agreements which is
unacceptable to the City under a reasonable standard of evaluation. Notwithstanding the
foregoing, the transfer of the rights and obligations of Company hereunder to a parent,
subsidiary, or financially viable affiliate shall not be deemed an assignment for the purposes of
this Agreement.
IX. INSURANCE
During the term of this Agreement, the Licensee shall obtain and maintain at the Licensee's
sole expense, with financially reputable insurers which are licensed to do business in all
6
jurisdictions where any work is performed, naming the City as additional insured, not less than
the following insurance:
Ao
Workers' compensation as provided for under any worker's compensation or sirdilar
law in the jurisdiction where any work is performed with an employer's liability limit
of not less tan $500,000 per accident.
Bo
Commercial general liability, including coverage for contractual liability and products
completed operations liability, with a limit of not less than $2,000,000 combined single
limit per occurrence for bodily injury, personal injury, and property damage liability,
naming the City as an additional insured.
"All risk" property insurance covering not less than the full replacement cost of the
City's personal property while on a Licensee's job site.
Licensee shall, as material condition of this Agreement, prior of the commencement of
any work and prior to any renewal thereof, deliver to the City a certificate of
insurance, satisfactory in form and content to the City, evidencing that the above
insurance is in force and will not be cancelled or materially altered without first giving
the City thirty (30) days prior written notice.
Eo
Nothing contained in this Agreement shall limit the Licensee's liability to the City to
the limits of insurance certified or carried.
X. MISCELLAENOUS
This agreement, together with all exhibits, shall constitute the entire agreement and no
negotiations or discussions prior to execution shall be of any effect.
Bo
The invalidity in whole or in part of any provision shall not affect the validity of any
other provision.
Co
The right and remedies of the Parties shall be cumulative and in addition to any other
rights and remedies provided by law or equity. A waiver of a breach of any provision
thereof shall not constitute a waiver of any other breach. The laws of the State of
Florida shall govern this Agreement.
Notices shall be in writing, mailed certified with return receipt requested, effective
upon receipt and sent to:
Company:
FPL FIBERNET, LLC
7200 N.W. 4th Street
Plantation, FL 33318
Attn: Neil Flynn, President
City:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Attn: David Harden, City Manager
or to replacement addresses that may be later designed in writing.
ATTEST:
CITY OF DELRAY BEACH
By:
By~
City Clerk
Mayor
Approved as to Form:
By:.
].~,¥.City Attorney
WITNESSES:
(T.~e.or Pri!at Nan]~e))._
(~ype Or Print Name)
FPL FI~, LL/.~
By: -
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF PALM BEACH
TW for_egoing instrument was acknqwledged before me this /~"-~/~/( day of
~d~_ , 2000 by g//~7'/ ,~//t/,,t/ (~e of
omcer or gent, title omcer or agent), of ~ ~/-~ ~/e~ [/C. (~e of co~oration
ac~owledging), a /~/d~ /~. (state-or place of ~co~oration)
co~oration, on beha~of ~e co~oration. He/she is persomlly ~own to me/or has produced
(~pe o~n[ification) as id~ti~cation.
Si~ of Nota~ ~blic ff
Prat, T~e or Stamp Name of /
Not~ ~blic
O~.~,R¥ p OFFICIAL NOTARY SEAL
.JULY 24,2000
8
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~. F. - REGULAR MEETING OF APRIL 18, 2000
CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/REPUBLIC
CONSTRUCTION & DEVELOPMENT CORPORATION (POLICE
EVIDENCE STORAGE BUILDING & TENNIS CENTER PHASE IV)
DATE: APRIL 13, 2000
This is before the City Commission to approve closeout Change Order #2 in the net add mount of
$23,481.10 and final payment m the amount of $42,481.10 to Repubhc Constructton and
Development Corporation for compleuon of the Pohce Evidence Storage Bmldmg & Exercise Gym
project, along with the Tennis Center Phase IV maprovements project.
The original contract for the Police Evidence Storage Building was awarded to Republic Construction
on September 7, 1999. On November 16, 1999, the Commission approved a contract adchtton (ma
Change Order #1) with Repubhc to include the Tennis Center Phase IV unprovements project.
Both projects are complete and all warranty documentation has been received. All changes for each
project are itemized on the Exhibits "A" and "B" attached to the change order. All of the work has
been inspected and approved by staff.
Funding will be from 334-6111-519-62.10 (General Constmclaon Fund/Buddings) and 334-4145-572-
63.90 (General Construction Fund/Tennis Center).
Recommend approval of doseout Change Order #2 and the request for final payment to Repubhc
Construcnon and Development Corporation as outlined above.
RefiAgmemol 6 Closeout. Republic Construcnon. PD Emdence Budding. Tenons Ctr Phase IV
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To:
From:
Date:
Subject:
David T. Harden
City Manager
Howard Wight
Dep Director of Construc~
April 12, 2000
Police Evidence Storage Building and Exercise Gym (PN 99-016)
Tennis Center PH IV (PN 99-59) - Contract Addition (CO #1 to PN 99-16)
Agenda item for Change Order #2, Final and Final Payment request
Attached is an Agenda Request for City Commission to approve a net add Change Order #2,
Final in the amount of $23,481.10, and final payment m the amount of $42,481.10 to Republic
Construction and Development Corporation on the Police Evidence Storage Building and
Exercise Gym (PN 99-16). The request includes the completion of the Pohce Evidence Storage
Building and the Exercise Gym area; and also completipn of the Tennis Center Ph IV work added
prewously by Contract Addition (C.O. #1). All changes are itemized for each project on the
attached Exhibits A and B to Change Order #2, Final.
The projects are complete and all warranty documentation has been received. Staff recommends
the City CommissIon approve Change Order #2/Final in the amount of $23.481,10 and final
payment in the amount of $42,48'1.10 to Republic Construction and Development
Corporation for the completion of the Police Department Evidence Storage Building and
Exercise Gym Facility project.
Funding is available from account 334-6111-519-62.10 (-$3,503.56), General Construcbon
Fund/Buildings; and .334-4145-572-63.90 (26,984.66), General Fund - Tennis Center. A
Contractor Evaluation is also attached.
CC:
Richard Hasko
David Junghans
Victor Majtenyi
File 99-016 (A);99-59 (A)
s\ .\99016~agmemco2final
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 99-16 DATE:
PROJECT TITLE: Police Evidence Storage Building
TO CONTRACTOR: Republic Construction and Development Corporation
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
Complete changes to projects per the attached schedules "A" and "B" as follows:
Police Evidence Storage Building - PN 99-16 (Exhibit A) $- 3503 56
Tennis Center PH IV - PN 99-59 (Exhibit B) $26,984.66
Net Add Change Order #2, Final $23,481.10
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE. ORDER
PER CENT INCREASE THIS CHANGE ORDER 321%
TOTAL PER CENT INCREASE TO DATE 321%
$170,878.00
$354,392.00
$525,270.00
$ 23,481.10
$548,751.10
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Republic Construction and Development Corporation
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account 334-6111-519-62 10 (-$3,503.56), General Construction Fund/Buildings; and .334-
4145-572-63.90 (26,984.66), General Fund - Tennis Center
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLOR/DA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:
Mayor
City Attorney City Clerk
EXHIBIT "A"
Police Dept. Evidence Storage Building
Prj 99-016
Change Order #2 Final Summary
Owner
Unforeseen NE Design Requested
Item # Description Conditions Revisions Revisions
E-1 Relocate ex~st~ng s~ta hght pole to the front parking lot $ 1,101 87
Th~s wdl ~ncrease the s~te hght~ng at the front parbng lot
3ff Atlantic Ave
E-lA Relocate ~n-ground junction box under proposed building $ 925 57
:)ad and re-wire three ex~stmg site hght poles hawng
:ondu~t runs under proposed budding pad
E-2A Provide a 220v receptacle charging of SWAT van $ 457 40
E-2B ~,emove ex~stmg wrong and conduit fi.om bollard I~ghts $ 375 00
and re-routa around proposed bldg
E-3 Furnish and install larger garage door, enlarge 10' $ 2,590 00
3porting to 16' w~de
E-4 ~,dd R-19 ceiling insulation to building $ 978 00
E-5 Upgrade single duplex to double duplex outlet in $ 38 00
evidence area
E-6 F{elocate HVAC Pad to west s~de of building per Bldg $ 298 00
,3ode, needed greater clearance than plans ind~cated
E-7 Replace receptacles at each sink with GFI's $ 125 00
E-8 Install concrete ramp outside of emergency ex~t, per FD. $ 146 60
G-1 Install insulated chase wall adjacent to the pistol range $ 821 00
Nail for noise reductton
G-2 ~,dd a 4-plex outlet, 6 (2x4) hta fixtures, and condu~t stub $ 1,405 00
3ut's for cable TV
G-3 Install FRP board around jamtor's sink at Gym Area $ 215 00
G-4 Increase asphalt apron at garage door due to ~ncreased $ 1,500 00
:loot size
G-5 Furnish and ~nstall drywall chase around ex~st~ng roof $ 225 00
:lra~n
G-6 Install hght at jamtors closet, move one flourescent light $ 295 00
lo electric room, add light sw~tch
$ 1,300 57 $ 3,567.60 6,628.27
Total of Changes
less Contract contingency allowance
Net Change Order
represents Evidence Storage items
represents Exercise Gym items
$ 11,496.44
-$15,000.00
$ (3,503.56)
EXHIBIT "B"
Tennis Center Ph IV
Prj 99-059
(Contract Addition per CO #1 to Police Evidence Building PN 99-16)
Change Order #2 Final Summary
Owner
Unforeseen A/E Design Requested
Item # Description Conditions Revisions Revisions
1 3onstruct sidewalk along NW 2nd Ave East of Retention $ 3,264 00
area
2 enc~ng, 6' gate, 12' gate along NW 2nd Ave East of $ 2,909 00
Retention area
3 Eliminate removal I Replacement of rock at Court #4 $ (1,700 00)
'epair
4 Rewsed landscaping per Bdlg Dept comments (plan date $ 750 00
1120100)
5 Asphalt resurfacmglcourt system at Center Court - $ 18,753 66
Ex~stmg hard court plex~cush~on was saturated after Cal-
3ap system was removed. In order to get court ready in
l~me for the C~tnx Tournament mqu~red court to be
3veflayed with asphalt and mstallabon of complete new
31ex, pave system (sea attached letter from Plexipave)
6 Add ~rngat~on on east s~de of new walk (#1) I repair $ 439 00
~rngation E of Ct #1
7 rnstall Iow voltage control wrong for ex~sting irngabon ~ $ 461 00
'etentlon area
S Additional sodding E of Ct 6 and at new drainage at $ 408 00
'etent~on area
9 Credit for smaller than spec~f'~:l Mahogany trees (larger $ (338 00)
not available)
10 Additional curbing at new ~nlet on NW 2nd St $ 336 0(~
11 Add 50 Lonope plants at south sMe of Court #6 $ 160 00
12 Install hand~capped sMewalk access E of Court #i $ 225 00
13 Clean and install new trench grates along east s~de of $ 1,317 00
~tad~um court
$19,214.66 $ (903.00) $ 8,673.00
Total of Changes $ 26,984.66
N--,15--00 10:40 R~ PRPI¢O COHSTRUCT~OH INC. 561 2851844
sport Surfacing Systems
P.02
Janue~' 1 3, 2000
~. Steve Pal=pas
Papico Construction
PO Box 354
P~lm City, FL 34990
Re: Del R,~y Beach Tennis Center, Del Ray Beach, FL
This is to confirm the conversations ynu have had with Bob ].,az'ton ~nct
Karl Mahonen of o'az company'. Wc certainly ~ppreciat~ ~c cfi'oas of all
panics ~ the conversation of ~e fast dry co~s back to Ph.~lcushion.
Modification of ~ cxisting sim is always fraught wi~ unce~ai]'ly.
unexpected c~mdttions are encountered, k is impon~t the, they be
evfltm~d
This is certainly the case with thc ccntcr court ar thc Tennis Cer".cr. When
thc tb~t dry court system was removed, thc old Plextcusht 'm surface
sho'~ved ~i~ns of delamtnatlon and deterioration from prolox ~ed water
saturation, After the surface was allowed to dry out, it appeared :he surface
was stronger. This would be expected with a water-based co.,ring, Thc
concern we have is "Is the moisture level iow enough to alloy .-eco~tlng
xvzth additional wa£er-bescd products?" The surface al,stem pr ,bably has
been we&kened after a number of' years underground. Tl~er~ is ~lso a
concern about the existing asphalt pavem=n£ al'tot prolonged sate '.'ation ',vith
',valet, The Plextcushion $~smrn can retain a certain amount o:' mols[ure.
Al! of these concerns lead ,as to believe that recoattng the exist .ag surface
has a ~ignilicant risk otboth short t=rrn and long term problems Problems
that ~.ight occur include blistering o£ the coatinI~ system or che~ ~ cracking
of ibc sell'ace. Neither of' ~=se situations would be a¢ceptabl: it a high
profil= tournamen! site, Thc negative publicity would be int. nsc, Pas=
problems with o~her syst=r,= at I~ey Biscayne and New I[aven are recent
examples,
We strong}}, recommend ~hat thc prudent coursc of action is t, install an
asphalt overlay on rhe :enter court. This will resolve the moistu' = problem,
Ma".ufa~!u'e'$ Of
FLEXrPAVE~ * ~L_~'XICL!$HIONe · Pt FXI,',O, ~ · P.EXI?~I&C? · PI,.F...XIFt ~-~"
INC. 561 2881844 P. 05
APl PAPI CO CONSTRUCTI ON
pianarlty concerns, and long-tgrm adhesion ~oblems. Withom fl'~ overlay,
*..hera are simply ~oo many m~knowns.
If ~h¢ Ci:y choose~ no~ lo overlay wilh asphalt, thcr~ are re~l risks. If
patchiug and r~oafing fail, there will be in~quate tim~ ~'r ~oth~r
~olution. Thee i~ an ~di~ional ~xptnse, but ~c alternative co':t of some
panicked ccngmclio~ is much hi.er. I~ is obvious m us tha ]'~pico ~d
Califomla ~roduas Co.talon c~not asset responsibility fo:. problem~
associated wi~ existing site conditions.
C. alifomi~ Products Corpora:ion warns ~his to be a showpl~ce ff'- tennis in
South Florida. We will ~'ork with you to achieve that, We .';op~ these
tcchnle~l con~¢ms will be car~.fully cv~luatod. This is not a i.:Iua~to~ to
t.ke large risks.
Please feet free io contact me if you h~.ve questions.
Sin~¢r:ly,
Arthur F, Tucker
Vice Presiden!
C¢:
Digby Bridges Fax: S$1-278-7841
Robert Bar, on
AFT/lib
AGENDA REQUEST
Agenda Item No. ~'~:~ '
Date: April 12, 2000
Request to be placed on:
X
Regular Agenda
Special Agenda
Workshop Agenda
When: Apdl 18, 2000
Description of item (who, what, where, how much) Attached ts an Agenda Request for Ctty Commtsston to
approve net add Change Order #2. Final m the amount of $23,481 10, and final payment in the amount of $42,481.10 to Repubhc
Construction and Development Corporatmn on the Pohce Ewdence Storage Budding and Exercise Gym (PN 99-16) The request
,ncludes the complet,on of the Police Ev,dence Storage Bu,ldmg and the Exam,se Gym area; and also compleQon of the Tenms
Center PH IV work added prewously by Contract Add,t~on (C O #1) All changes are ~tem~zed for each project on the attached
Exhib,ts A and B to Change Order #2, F~nai
The projects are complete and all warranty documentabon has been received Staff recommends the C~ty Commies,on approve
Change Order #2/Final ,n the amount of $23.481.10 and final payment in the amount of $42,481.10 to Republic Construction
and Development Corporation for the complebon of the Police Department Evidence Storage Building and Exercise Gym
Facility project
Funding is available from account 334-6111-519-62.10 (-$3,503 56), General Construction Fund/Bu,ld~ngs; and 334-4145-572-
63 90 (26,984 66), General Fund - Tennis Center
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the C~ty Commission appr/ove Cha~e Order #2, F~nal and Final Payment
Construcbon and Development Corporation...-.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable)i
Budget Director Review (r/eq~d on all items involving expenditure of funds):
Funding available~YES~lO
Funding alternatives~(If appl~-~l~.
Account No. & Description 334-6111-519-62.10, General Construction Fund / Buildings
Account Balance
City Manager Review:
Approved for agenda: ~NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\ .~99016~agreq1201
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~> ~' - REGULAR MEETING OF APRIL 18, 2000
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/MURRAY
DATE:
LOGAN CONSTRUCTION (KNOWLES PARK BOAT RAMP)
APRIL 13, 2000
This is before the C~ty Commission to approve doseout Change Order #1 in the net add amount of
$23,773.75 and final payment in the amount of $25,513.95 to Murray Logan Construcuon, Inc. for
completion of the Knowles Park Boat Ramp Removal/Design Build Replacement project. An
overview of the additional work encompassed by the change order is outlined in the accompanying
memorandum from Mr. W~ght. The project is complete and all of the work has been inspected and
approved by staff.
Funding will be from 334-4179-572-63.90 (General Construction Fund/ICnowles Park - Other
Improvements).
Recommend approval of closeout Change Order #1 and the request for final payment to Murray
Logan Constructaon, Inc. as outlined above.
RefiAgmemol 6.Closeout. Mutray Logan.Knowles Park Boat Ramp Rebmld
Memorandum
To:
From:
Date:
Re:
David T. Harden, City Manager ////~ ~
Howard Wight, Dep Dir Construction D
April 12, 2000
Knowles Park Boat Ramp Removal/Design Build Replacement
Project 96-61.1
C. O. #1 Final, Final Payment Request
Attached is an Agenda Request for City Commission to approve Change Order #1, Final
for $23,773.75; and Final Payment in the amount of $25,513.95 to Murray Logan
Construction Co., Inc. for completion of the above referenced project.
Change Order #1 includes additional removal of muck and silt subsoil underneath the
ramp required to provide proper bedding and stabilization for the concrete ramp structure
above. Per the Contract, four feet of this material was to be removed. Approximately
eight feet of material was actually encountered when the old ramp was removed.
Due to the additional subsoil excavation the concrete approach slab and dock "gangway"
were undermined and were rebuilt. Replacement of these structures were not included
in the Contract.
Additionally, the floating dock rittings were wirebrushed and coated and the pontoon
"floats" were cleaned prior to reinstallation in the water.
Funding is available from account 334-4179-572-63.90, (Knowles Park). A Contractor
Evaluation Form is attached for your review.
CC.
Joe Weldon; Director of Parks and Recreation
File 96-61(A)
s\ .\96-61~agrnemlogan
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1,Final PROJECT NO. 96-61.1 DATE:
PROJECT TITLE: Knowles Park Boat Ramp Removal/Design build Replacement
TO CONTRACTOR: Murray Loagan Construction Co., Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Construction of improvements as identified in attached letter of March 1, 2000 marked Exhibit A
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 29.3 %
TOTAL PER CENT INCREASE TO DATE 29.3
$ 87,010.00
$ 0.00
$ 87,010.00
$ 23,773.75
$110,783.75
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Murray Logan Construction, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account 334-4179-572-63.90, (Knowles Park).
DEPARTMENT
FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:
Mayor
City Attorney City Clerk
Excellence
Since
1968
MURRAY LOGAN CONSTRUCTION, INC.
General Contractors
313 65th TRAIL NORTH
WEST PALM BEACH. FLORIDA 33413
TELEPHONE (561)686-3948
FAX (561) 686-7465
March 1, 2000
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
Attn: Mr. Howard Wight
£t iNEERiiV
Re: Knowles Park Boat Ramp
Dear Mr. Wight:
Below is the cost regarding extra work for the above referenced project.
A) Demuck area to bed rock.
Additional Time:
Crew Time
Crane
Loader Time
$94/hour X 40 hours = $3,760.00
$90/hour X 40 hours -'- $3,600.00
SOO/hour X 10 hours = 0
Item A Total $7,360.00
B) Haul muck off site and dispose.
46 X 59 X 3127 -- 301 yards X 1.25 = 370 yards.
370/18 = 21 loads hauled away.
21 loads X 2 hours/--42 trucking hours @ $401hour = $1,680.00
Loader time = 21 loads X 25 hours/-- 5.25, $651hour X 5.25 = $341.25.
Item B Total $2,021.25
c)
Extra stone.
Milt installation -- 450 tons total split in half 225 X $12.50 = $2,812.50.
Crew $94~ X 24 hours = $2,256.00.
Crane $901hour X 24 hours -- $2,160.00
Loader time $65/hour X 12 hours = $780.00
Item C Total $8,008.50
D) Concrete approach.
Grade, place reinforcing steel and pour.
24 hours X $94/hour - $2,256.00
18 yards of concrete & rebar X 100 = $1,800.00
Item D Total $4,056.00
E)
F)
Concrete sidewalk for ramp.
12 hours X $941hour = $1,128.00
Concrete 4 yards & rebar X 100 =$400
Item E Total $1,528.00
Fix float per City's request.
16 hours X $501hour -- $800.00
Total Cost For A - F = $ 23,773.~5
In closing, if you have any questions please do not hesitate to call me.
Bruce G. Smith
Project Manager
2
Agenda Item No. ~C~
Request to be placed on:
AGENDA REQUEST
Date: April 12, 2000
X
Regular Agenda
Special Agenda
Workshop Agenda
When: April 18, 2000
Description of item (who, what, where, how much): Attached is an Agenda Request for City
Commission to approve Change Order #1, Final for $23,773.75; and Final Payment in the
amount of $25,513.95 to Murray Logan Construction Co., Inc. for completion of the above
referenced project.
Change Order #1 includes additional unforeseen subsoil excavation required for the ramp
subgrade, concrete gangway and ramp replacement and maintenance of the floating dock and
pontoon floats.
Funding is available from account 334-4179-572-63.90, (Knowles Park). A Contractor
Evaluation Form is attached for your review.
ORDINANCE/RESOLUTION REQUIRED. Not required.
Recommendation: Staff recommends the City Commission approve the Final Payment to Murray
Logan Construction Co., Inc. ~_~~,~~~
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (~ on all items involving expenditure of funds):
Funding availabl~ YES.,~NO
Funding altemative~f appli~,~-~l.e)-~-~
Account No. & Description
Account Balance ~,,~ ~~ ~/, ?,,va: ~,¢_.¢../'.,~r.,~.,,2../'.,44 7, ~/~'~-~t¢~/tdr4/~o~
City Manager RevieW:agenda: ~--~'
Approved for /T ,--~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\966 l~agreq-030700
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~f'~/ - REGULAR MEETING OF APRIL 18, 2000
RULES OF THE CODE ENFORCEMENT BOARD
DATE: April 14, 2000
On December 14, 1999, the Code Enforcement Board reviewed and approved that board's rules of
procedure. Attached is a legislative copy which depicts all changes made. The roles require C~ty
Commission approval.
Recommend approval of the Code Enforcement Board rules, as revised and adopted by the board on
December 14, 1999.
RefiAgmemol 0.Code Enforcement Rules of Procedure
Memo
To:
From:
Date:
Re:
David Harden, City Manager
Lula Butler, Director, Community Improvement
March 13, 2000
City Commission Approval of the Revised Code Enforcement
Board Rules
ITEM BEFORE THE COMMISSION:
Commission approval of revised Rules and Regulations for the Code
Enforcement Board pursuant to Chapter 37, Section 37.21 of the Code of
Ordinances.
BACKGROUND:
The Code Enforcement Board reviews its rules and regulations every 2 years and
adopts amendments as deemed necessary to clarify, expedite and improve its
proceedings. On December 14, 1999, the Code Enforcement Board adopted rules
and regulations as attached. The revisions were reviewed by staff and the City
Attorney's Office and now require formal approval by the City Commission.
RECOMMENDATION:
Staff recommends City Commission approval of the attached rules and
regulations.
R'JLE_e OF TH£ C!TY OF D_.cLP~.Y BEACH
COD= __.NFORC__.~__.NT
GENERAL RULES OF PROCEDURE OF THE CODE ENFORCEMENT BOARD
CITY OF DELRAY BEACH, FLORIDA
Article h General Gc:,c.".-.!.-.=
The Code Enforcement Board (hereinafter referred to as "the Board") shall
be governed by Chapter 37, ~ of the Code of Ordinances of the City of
Delray Beach, Florida, (hereinafter referred to as "the City"), Chapter 162 of the
Florida Statutes and the General Rules of Procedure set forth herein, as adopted
by the Board and approved by the City Commission of the City.
Article Ih Officers.
1. The Board shall elect a Chairperson and a Vice-Chairperson
annually in the month of January at a regularly scheduled hearing from among its
members by a majority vote of its members present and voting at the time of
election.
i,-,,, i,, ~,;ol~,,.. .-,~, ..... +~,,. ~l~,..,~ r,~,.,;,.~ or in the
2. The Chairperson, , .................................... ,
absence of the Chairperson, the Vice-Chairperson, shall preside at all ~
a~proceedings of the Board and shall rule on all points of order and
procedure. If both the Chairperson and the Vice-Chairperson are absent at a
particular hearin9, the members present at that hearing shall, by majority vote,
elect a member to preside at that hearing only.
3. The Board Clerk/~s.), appointed by the City Manager, shall
administer oaths, record proceedings of the Board, keep minutes of t~
proceedings, take roll calls, record t4~ votes of the Board and -_.h=!! carry out
.... ~, ,.+h,~..~,,+~,-.- co ,-,,o,, ~,,- ..ooI,,,.,~,~ ~,,, *h,~ ~.,-..~ related duties pertaining to
preparation, postin9, and distribution of agendas, distribution of materials to
Board members and preparation of Board Orders for signature. The Board
Clerk's designee shall assume the aforementioned duties in the absence of the
Board Clerk.
Article IIh ~ Hearings, Quorum, Order of Business, Conflicts.
1. The Board shall ,mee,~e~e,~ conduct a hearing on the second
Tuesday and on the fourth Tuesday of each month, except during the months of
November and December, at 1:30 p.m. at City Hall in the City '-~ n,,~ ....
F!-'_r!d~_, unless there is no cause to hold such ..... .... v*~ .... .... o - .... ~* ~""o_..v '-"_.. hearing or if
a particular hearing coincides with a Holiday as designated by the City
~eec, h. Annually in November and December, the Board shall conduct a hearing
only on the second Tuesday.
2. Upon request of the Code Enforcement Officer, or at such other
times as may be necessary, the Chairperson of the Board may call hearings of
the Board. Hearings may also be called by written notice signed by at least three
members of the Board.
3. A quorum is required ~ to ho!d = m~et!r.,~ conduct a hearing.
A quorum shall consist of four (4) or more members of the Board. All findings
and orders of the Board require a vote of a majority of its members present and
voting, except that at least four (4) members of the Board must vote.
4. All ~ hearings shall be open to the public. The Board Clerk
shall administer oaths to all persons testifying before the Board.
5. The order of business at ~ hearings shall be e,~e~av~:
a)
b)
b)
c)
c)
d)
d)
e)
f)
h)
h)
,!
1~71~;n,~ ~-~11~1 f~ ~r~r ht~ ~ho;r
Call heafin~ to order.
Call roll of mombors.
Dismiss or postpone cases.
Administer oath.
Call cases of respondents in attendance in order that they
signed the attendance sheet and then call remaining cases
in order as listed on the agenda.
Unfir.!shed b'_'~!.".s~_~.
Discuss unfinished business.
Discuss new business.
Approve minutes from prior hearing.
Adjourn hearing.
The Chairperson may change the aforementioned order of business a~
h!c/h~r d!__.cr~t!or, after a motion to change the order is passed by a majority vote
of those members attending the hearing.
6. Adjourr. ed ~'-"*; .... If all business cannot be finished, :l::the Board
may a,~iourn,., ...... ~ ..... *;"'-' ;~ ~' ~'' '"; ......... * ~"~ '~; ..... '~ "~ "" *~'" '~'-"'
~ ' ~7 ............. ;;:;7, ........................... r- ............... J
r- v~.r,. ................... ~7 ............... ~ ................... .~ ...... j ............
unfinished items to a future time and future date certain. Notice of the future time
and future date shall be given to the respondents affected by the adjournment.
7. Conflicts: A Board member shall not abstain from voting unless the
member has a conflict of interest pursuant to the requirements of Florida
Statutes, Chapter 112, Section 112.3143(4)(a).
Article IV. Absences, Removal from Office.
If any regular member fails to attend two (2) of three (3) successive
~ hearings without cause and without prior approval of the Chairperson,
~ that member's office shall be deemed vacant, and the City Commission shall
_r'_-,..~....~.!__.o.?.!_,2.-.; ,~,,,~ .... ~ ........ ~,~,~ ~ ......... + .... +;,~, ~, ..... ;,.,,;+,, vot_~.,.
........ j, ..... r' ................... ,~ ....... .x ..... ji ....
.... j .... ,~ ............. ,~ ............... ~ ......... ~ ...... r" .......................
~ Board members may be suspended or removed for cause according to
the procedures for removal as set fodh in the GoOe of Ordinances of the Gity.
Article V. Parliamentary Procedure.
Roberts Rules of Order shall be the final authority concerning questions of
parliamentary procedures.
Article VI. Hearing Procedures.
The h,~,.~,..'n~,o t:,,,,r +h,~ f'~,-,,,-i~, Cn~ ....... + Board shall be governed
by the following rules:
a)
Hearings shall be informal and need not be conducted
according to technical rules ~ of evidence. ~
cha!!, however, be Hearings shall be conducted in
accordance with accepted parliamentary procedures relative
to motions, votes and decisions. Fundamental due process
shall be observed and shall govern all hearings.
b)
All relevant evidence shall be admitted if, in the opinion of
the Board, it is the type of evidence upon which a
reasonable and responsible person would normally rely on in
the conduct of business affairs, regardless of the existence
of any common law or statutory rule which might make such
evidence inadmissible over objections in civil actions. The
Chairperson of the Board may exclude irrelevant or '_'nd'_'!:,'
repetitious evidence.
c)
Should a Board member request additional information not
included in the supporting materials provided for a particular
case on an agenda, the request shall be directed to the
Chairperson. The Chairperson shall request that the Board
members present vote as to whether the requested materials
are necessary to render a decision in the particular case. If
the Board by a majority vote of those members present
determines that the requested additional materials are
necessary, the case shall be postponed to a future date and
time certain to allow the Board Clerk to locate the requested
information.
d)
Hearsay evidence may be accepted for the purpose of
supplementing or explaining direct evidence, but such
hearsay evidence shall not in and of itself be considered
e)
sufficient to support a finding or decision, unless the
evidence would be admissible over objections in a civil
action.
........ ~ .................... ~ ......... ~ .......... j ~..
Beard sha~ be under e2th and
Each party to the hearing shall have the right to call and
examine witnesses, introduce and examine evidence,
introduce exhibits, cross-examine opposing witnesses,
impeach witnesses, and rebut evidence.
The respondent has the right to retain an attorney for
representation at a hearing. All testimony before the Board
shall be under oath and shall be recorded. The respondent
or the City may cause the proceedings to be recorded by a
certified court reporter or by a certified recording instrument.
g)
If the City prevails in prosecuting a case before the Board, it
shall be entitled to recover all costs incurred in prosecuting
the case before the Board.
2. Proceedings relating to hearings shall be in the following order:
a) Pre_er.t_~t!or. of :a:e Prosecution by Code
Administrator or his/her designee.
Enforcement
Defense by respondent.
c)
Questions of Code Enforcement Administrator or his/her
designee from Board Mmember(s) recognized by
Chairperson.
d) Questions to_.._=_-'l'~'-"~'~ ..... ,,;,,~.,,,,,_._. respondent by Board
Member(s) recognized by Chairperson.
e) Rebuttal by :!!:;_-d ,:!o!ator respondent, if any.
f) Rebuttal by Code Enforcement Administrator or his/her
designee, if any.
g) Disposition of case by Board.
Article VII. Powers of the Board.
1. The Board shall have the powers to; ~_adopt rules for the conduct of
its hearings not otherwise in conflict with Chapter 37~T. it~e-I~ of the Code of
Ordinances of the City '-": n,., .... =.~..,.. =~,.,.;.~.,, ,-,. c,,-,..~.~ ~,..,,,,~o and Chapter
162 Florida Statutes, to ~_subpoena alleged violators and witnesses to its
hearings, to ,~subpoena evidence, to take testimony under oath, and to issue
orders having the force of law commanding whatever steps are necessary to
effect compliance. The City, the Board, or the a!!e;ed '.'!o!ator respondent may
request that witnesses and records, including surveys, plats, and other materials,
and other evidence be subpoenaed to any formal hearing. ~,___.. ,~ .......... ......... _. ~"-_v
~z~n,~l I~, ~nci~,~rc, n~c fh~ /~;~ Onl:n~ r~n~r+rn~nf /~,r ~,r~;fi~l nrn~z~- ~r~/~rThe
Chairperson ~ shall provide the Board Clerk with sufficient signed and
blank witness subpoenas to be provided to a!!e~ed ,:!o!ators !n the C!.+.,' a
respondent for the purpose of subpoenaing witnesses, records, and other
evidence. The all_= .......... ,_, respondent shall pay to the City a fee of $22.00
for each subpoena issued.
~ 2. Injunctive relief: In the event the Board believes that a violation
presents a serious threat to the public health, safety and welfare, the Board may
direct the City Attorney to seek appropriate injunctive relief in the name of the
City from the Circuit Court. Nothing contained in the Code of Ordinances of the
City of Delray Beach, Florida, Florida Statutes Chapter 162, or the rules of the
Code Enforcement Board shall prohibit the City from enforcing its codes by any
other means.
4 I i=n=' All
.................... ~ ........ ~.~,-J ........ ~ ..........
............... ~ .... ] ~ .......... ~ ........ ~. ~- .3 ~ .........................
h~ ~ ~ ;~m~n{ ~v~n{ {~r ~n~r~m~n{ fl~rn~o~ ~ I;~n or;~;n~ ~r~m ~ 6n~
........ j----~ ............ ~ ................... ~--.~ ................... ~ ............
........................... ~/ .......................... ~ ..... ~ ..................
Article VIII. Appeals, Reconsiderations, and ~ Board Orders.
1. Appeals: Every enforcement order of the Board Order shall be final
subject to the right of the aggrieved party, including, without limitation, the City or
the ~ respondent, to appeal ....... .... ,.. ...... = ............. .~... ,.~ *h.. Board to the Circuit
Court of the Fifteenth Judicial Circuit of Florida in and for Palm Beach County,
Florida. Such an appeal shall not be a hearing de novo, but shall be limited to
appellate review of the record created before the Cede =__r. fercem, er.t Board. An
appeal shall be filed within thirty (30) days of the execution of the order to be
appealed.
2. Fine Reduction, Time Extension and Reconsideration: A
respondent or petitioner may request that the Board extend or reconsider an
order or a fine amount. Any such request must be documented on a form
approved by the Board and available from the Board Clerk. However, such
request shall not be construed to extend or in any way alter any deadline for any
party to file an appeal of a previously executed Board Order with the Circuit
Court.
3. Enforcement Orders: Every e.-.f_-'rcemer, t order cf the Board Order
~ shall be in writing, ~ shall include findings of fact and conclusions
of law, E'.'e~' er. fer~emer, terder shall be signed by the Chairperson or Vice-
Chairperson, and shall be filed in the office of the C!t:,' Board Clerk. A copy of the
Florida Statutes. The Board shall, in every proceeding, reach a decision without
unreasonable or unnecessary delay and shall, in all instances, reach a decision
within twenty (20) calendar days from the date of the hearing at which the case
was heard.
Article IX. Adoption; Amendments; Required Review; Effective Date.
These general rules or subsequent amendments:
1. Shall be adopted by the Board by a majority vote of members
present and voting at the time of adoption.
2. May be amended by the Board by a majority of members present
and young at the time of adoption of the amendment, however, said amendments
will require approval of the City Commission.
Shall be reviewed by the Board every two years.
5
Shall become effective upon approval by the City Commission.
Were adopted by the Board on this 14th day of December,
Chairperson, Code Enforcement Board
the
Were approved by the City Commission and became effective on
day of ,200
ATTEST:
City Clerk
Approved as to Form:
City of Delray Beach, Florida
David Schmidt, Mayor
City Attorney
Date: Ma-r~h ~1 ~ ,. 2ff0Q.. Agenda Item No. g'///'
AGENDA REQUEST
Agenda request to be placed on:
~ Regular ~ Special ~ Workshop X Consent
~?~'l t~
When: ~ 2000
Description of Agenda Item:
Commission approval of revised Rules and
Regulations for the Code Enforcement Board pursuant to Chapter 37,
Section 37.21 of the Code of Ordinances.
Ordinance/Resolution Required: Yes-~,9/ Draft Attached: Yes / No
Recommendation: Recommend City Commission approval of these revised
Rul~s_~d R~ulati~s. fo[.~he Code Enforcement Board.
Department Head Signature:
Ci_ty Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Altematives:
Account # & Description:
Account Balance:
(if applicable)
Ci.ty Manager Review:
ApprovedHold Until:f°r agenda: ~ No ~l~
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
1/17/96
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~ - REGULAR MEETING OF APRIL 18, 2000
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
MARCH 31, 2000
Attached is the Report of Appealable Land Use Items for the period April 3rd through April 14,
2000. It informs the Commission of the various land use actions taken by the designated boards
which may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Recmve and file the report as
appropriate.
RefiApagmemo/Appealables/04.18.00
TO:
THRU:
FROM:
SUBJECT:
DI,~NE DOMINGUEZ,~I:.A~ING AND ZONING DIRECTOR
ASMIN ALLEN, PLANNER
MEETING OF APRIL 18, 2000 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS APRIL 3, 2000 THRU
APRIL 14, 2000
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of April 3, 2000 through April 14,
2000.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting,
the appeal period shall expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission
hears appeals of actions taken by an approving Board. It also provides that the City
Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
A. Approved (6 to 0, Smith absent), a request to add a flat wall sign at Quantum
Healing, located at 9 SE 5th Avenue, which is on the east side of SE 5th Avenue
(southbound Federal Highway), just south of East Atlantic Avenue.
B. Approved (6 to 0), the architectural elevation plan to allow fa(;ade changes for Kwik
Wash, an existing commercial building, located on the south side of SE 2nd Street
east of SE 2nd Avenue.
City Commission Documentation
Appealable Items Meeting of April 18, 2000
Page 2
C. Approved (6 to 0), a Class II site plan modification and landscape plan to allow the
construction of a 51-space parking lot associated with the renovation an existing
commercial building for a Goodwill Industries Store, located at 1640 North Federal
Highway (former Heilig-Meyers Furniture store). Concurrently, the Board granted a
waiver to the sidewalk requirement along Dixie Highway subject to the applicant
executing a deferral agreement.
D. Approved (6 to 0), a Class V site plan, landscape plan and architectural elevation
plan for Parkside Townhomes at Delray, a 165-unit rental townhouse development
with common amenities such as swimming pool, clubhouse, tennis courts, tot lots,
park and lake, located on the east side of Coral Trace Boulevard approximately
1,100 feet north of West Atlantic Avenue. Concurrently, the Board granted an
internal adjustment to allow a reduction in the setback from the interior access
roadways. Additionally, the Board recommended approval of the request to reduce
the pavement widths of the streets from 24' to 22'.
E. Approved (6 to 0), a Class II site plan modification and landscape plan to construct
a parking lot for the Church of God by Faith, located on the west side of NW 6th
Avenue, between NW 3rd and 4th Streets (338 NW 6th Avenue).
F. Approved (6 to 0), a Class V site plan, landscape plan and architectural elevation
plan associated with the conversion of a single family residence to office for Roof
and Rack, located on the west side of Wallace Drive, approximately 75' north of
Royal Palm Drive. Concurrently, the Board granted waivers to reduce the landscape
strip from 5' to 4' on the north and south property lines and granted a waiver to the
sidewalk requirement along Wallace Drive subject to the applicant executing a
deferral agreement.
G. Approved (6 to 0), a Class III site plan modification, landscape plan and
architectural elevation plan associated with the conversion of a carport into
additional offices (1,065 sq. ft.) for Bower Medical Building, located on the west
side of NE 3rd Avenue, between NE 8~h Street and NE 9th Street. Concurrently, the
Board granted a waiver to the landscape buffer requirement along the north property
line adjacent to the proposed parking spaces provided an agreement is approved to
install landscaping in the right-of-way.
H. Approved (5 to 0, Perez-Azua stepped down), a Class V site plan, landscape plan
and architectural elevation plan for Spengler Construction, a proposed contractor's
office building, located on the west side of NE 3rd Avenue, approximately 105 feet
south of NE 4th Street. The Board granted a waiver to the sidewalk requirement
along NE 3rd Avenue subject to the applicant executing a deferral agreement. The
Board also approved a reduction to the landscape strip along the south side of the
parking area from 4.5' to 3'.
City Commission Documentation
Appealable Items Meeting of April 18, 2000
Page $
Approved (5 to 0 Bodker arrived late, Johnson absent), a request for a Certificate of
Appropriateness to allow the construction of a 380 sq. ft. addition for a contributing
single family residence located at 235 NE 1st Avenue.
Approved (6 to 0), a request for a Certificate of Appropriateness to allow a wood
shake roof to be replaced with architectural dimensional composition shingles for a
contributing single family residence located at 1'104 Nassau Street.
No other appealable items were reviewed by the Board. However, the following items
were considered by the Board.
Recommended on a 6 to 0 vote that the City Commission direct the Community
Redevelopment Agency to pursue the acquisition of Lots 19, 23 and 24, Block 69,
for public parking.
Recommended on a 6 to 0 vote that the Land Development Regulations be
amended to establish notification procedures for granting relief from the minimum lot
dimension requirements and that the Historic Preservation Board be given waiver
power to LDR Section 4.1.4(C ) to allow construction on substandard lots.
Recommended approval on a 6 to 0 vote that the Planning and Zoning Board
forward a recommendation of approval on the abandonment of the alleyways lying
within Block 36, which is located on the north side of West Atlantic Avenue, between
NW 3rd and 4th Avenues.
No Regular Meeting was held during this period.
By motion, receive and file this report.
Attachment:
· Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
APRIL 18, 2000
L.~O CANAL
IDA ROAD ,
L-3~ C~N~L
N W, 2tlD ST,
$,W 2ND ST,
&W
LINTOII
CANAL
S.P.R.A.B.:
A. QUANTUM HEALING
B. KWIK WASH
C. GOODWILL
D. PARKSIDE TOWNHOMES
E. CHURCH OF GOD BYFAITH
F. ROOF & RACK
G. BOWER MEDICAL BUILDING
H. SPENGLER CONSTRUCTION
H.P.B.:
f. 235 N.E. 1STAVENUE
2. 1104 NASSAU STREET
......... crTY UMITS .........
ONE MILE
GRAPH/C SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
1999
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~.,-}. - REGULAR MEETING OF APRIL 18, 2000
AWARD OF BIDS AND CONTRACTS
DATE: APRIL 14, 2000
This is before the City Commission to approve the award of the following bids and contracts:
Contract award for auctioneermg services to Fisher Auction Co., Inc., at a fee of 1.875% of
the gross receipts per auctton for a term of two years with a one-time renewal option.
Purchase award in the amount of $27,234.00 to Blue Ribbon Industrial Components
Corporation, sole source provider, for the purchase of manufacturer replacement parts to
repair the Water Treatment Plant's chlorme emergency scrubber and install a new chlorine
gas leak detector, with funding from 442-5178-536-64.90 (Water & Sewer R&R - Other
Machinery/Equipment).
o
Lease award to Xerox Corporation for the three year lease of a Xerox 5665MPS Copier for
the Police Department at a total lease cost over the three year period of $16,789.32, with
pricing per Florida State contract and funding from 001-2113-521-44.30 (Police Support
Sermces- Equipment Rental/Lease).
°
Contract award for the purchase and delivery of office supphes to Office Depot, via Florida
Aflantac University Agreement, at an estimated annual cost of $79,000.00, with funding from
various departmental operating budgets.
Recommend approval of the bid and contract awards listed above.
Ref:Bld.Agmemo.04.18.00
MEMORANDUM
TO:
FROM:
THROUGH:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Robert Barcinski, Asst. City Manager
DATE:
Apfilll, 2000
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
APRIL 18, 2000 - BD AWARD - BID #2000-21
AUCTIONEERING SERVICES - TERM CONTRACT
Item Before Commission:
City Commission is requested to award a term contract for auctioneering services to Fisher
Auction Co. Inc.
Background:
An auctioneering service is needed for the proper disposition of City surplus and obsolete
personal property; for lost, stolen or abandoned property obtained by the Police Department; and
for confiscated property obtained by the Police Department.
Bids for this service were received on March 24, 2000, from five (5) auctioneering firms, all in
accordance with City purchasing procedures. (Bid #2000-21 on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The low bid was submitted by Fisher Auction Co. Inc., at a fee of 1.875% of the gross receipts of
the auction. Reference checks received by the Purchasing Division for this firm are all good.
See attached references received dated April 03, 2000, and reference letter from State of Florida,
and City of Sunrise submitted by vendor.
The term of this contract is for two (2) years with the option to renew for an additional one (1)
consecutive term of two years if approved by the City Manager and the contractor.
Recommendation:
Purchasing staff recommends award to the low responsive responsible contractor, Fisher Auction
Co. Inc. at a fee of 1.875% of the gross receipts.
Attachments:
Tabulation of Bids
References Received
Cc: Joseph S~inance Director
References received by Purchasing for Fisher Auction Co. Inc.
April 03, 2000
George Wood, City of Sunrise
(954) 572-2484
"We use them only. They always went well above what they needed to do. Each year we go to
Commission to waive bidding procedures and award to them only. This is because their services
are so good".
Pam Thompson, Purchasing Division
City of North Miami (305) 893-6511
"We have used them several times - wonderful. They are very professional. Do all the work,
which is a "God Send" to us. They are wonderful, would recommend them to everyone".
Emie Siegrist, Purchasing Division
City of Pompano Beach (954) 786-4098
"Very happy with them. We have had them for several years. At one time we had a different
vendor doing our auction, and we were not happy with them, and we returned to using Fisher
Auction Co. They are very professional, and have saved me a lot of work".
ROBERT F. MILLIGAN
COMPTROLLER OF FLORIDA
OFFICE OF THE COMPTROLLER
DEPARTMENT OF BANKING AND FINANCE
STATE OF FLORIDA
TALLAHASSEE
32399-0350
July 12, 1999
Louis B. Fisher, III
Chief Executive Officer
Fisher Auction Co., Inc.
431 NE 1st Street
Pompano Beach, Florida 33060
Dear Louis:
I wanted to congratulate you and your team for the highly successful auction you
conducted this year on behalf of the Florida State Comptroller's office.
As you are aware, this year's auction represented the largest amount of inventory (1,700
lots) of unclaimed merchandise we have ever sold.
You and your team were well organized, professional and impressive to watch as you and
Lamar sold 150 lots an hour.
Additionally, your pre-sale preparation with keeping our office updated weekly and post
sale-closing process was greatly appreciated and very beneficial.
I look forward to our next auction together. Best wishes for continued success.
Unclaimed Property Section
FL Dept. of Banking and Finance
Tallahassee, FL 32399-0350
(850) 410-9928
city of sunrise
CITY OF PROGRESS
February 1, 2000
Fisher Auctioneers
431 NE 1st St.
Pompano Beach, FL 33060
Attn: Lamar Fisher
RE: City Auction - January 29, 2000
Dear Lamar:
Enclosed find the invoices for the three police details amounting to $483.00. As soon as I
receive the invoice for the port-o-lets I will forward it to you.
We want to thank you and your staff for all your efforts which once again resulted in a
very successful City Auction. We look forward to working with all of you again next
year.
Sincerely,
Carol Hollins
Acting Buyer
PURCHASING DIVISION 10770 West Oakland Park Boulevard, Sundse, Florida 33351 954/572-2274 FAX 954/572-2278
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: April 18, 2000
Date:
April 11, 2000
XX Consent Agenda ~ Special Agenda ~ Workshop Agenda
When:
Description of agenda item:
Approve award of Bid #2000-21, to Fisher Auction Co. Inc. for a term contract for auctioneering
services.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve bid award for auctioneering services to Fisher Auction Co. Inc. at a fee of 1.875% of the
gross receipts of auction.
Department Head S ignat~,_.--~---
Determination of Consistency '~Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Yes
Funding available:
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
(if applicable)
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Acbon: Approved
No
Disapproved
PURCHASING DIVISION
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David T. Harden, City Manager
Jennifer Schillace, Buyer
Joseph Sa(~~' ance Director
April 11, 2000
DOCUMENTATION
CITY COMMISSION MEETING, APRIL '18, 2000
REPAIR THE WATER TREATMENT PLANT'S EMERGENCY
CHLORINE SCRUBBER FROM BLUE RIBBON INDUSTRIAL
COMPONENTS CORPORATION AS MANUFACTURER
REPLACEMENT PARTS.
ITEM BEFORE COMMISSION:
The City Commission is requested to approve the purchase award of manufacturer
replacement parts to repair the Water Treatment Plant's Chlorine Emergency Scrubber
and install a new Chlorine Gas Leak Detector by Blue Ribbon Industrial Components
Corporation for a total cost $27,234.00.
BACKGROUND:
The Chlorine Scrubber Rehabilitation will be conducted by the original manufacturer,
Blue Ribbon Industrial Components. A new Chlorine Gas Leak Detector will also be
installed while the repairs are being performed. Currently, this equipment is out of
service and it needs to be replaced, as it acts as a backup system in the event of a
Chlorine leak.
The Manager of the Water Treatment Plant recommends award to Blue Ribbon
Industrial Components Corporation per his memorandum dated April 4, 2000 and
attached quotes dated March 28, 2000.
RECOMMENDATIONS:
The Purchasing staff recommends the purchase award to Blue Ribbon Industrial
Components Corporation for a total purchase of $27,234.00. Funding will be taken
from account number 441-5178-536-6490.
Attachments:
Memo 04/07/2000
Quotes 03~28/2000
cc: Jacklyn Rooney, Purchasing Supervisor C~
Don Haley, Manager of Water Treatment PI' -'ant
City Of Delray Beach
Department of Environtnentai Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
C. Danvers Beatty, P.E.'e~~'-~
Deputy Director of PufflYc UtilT~es
April 14, 2000
Chlorine Scrubber Rehabilitation
Attached is a diagram which indicates the pump suction manifold piping and pump discharge
manifold piping as well as the scrubber packing which will be replaced as part of the scrubber
rehabilitation. The scrubber was originally manufactured by E.S.T. Corporation and installed in
1993. The manufactures' representative is Blue Ribbon Industrial Components, Corp. In order for
the rehabilitation piping to function with the E.S.T. scrubber it must be provided sole source by the
factory representative (Blue Ribbon Industrial). The molds used to make the original fiberglass
piping for the scrubber will be used to produce the replacement piping. If you have any questions,
please do not hesitate to call.
\\essrv002\daws\wwdataRvlemo\Chlorine Scrubber Rehab doc
CAUSTIC MANAGEMENT IN EST EMERGENCY
CHI~ORINE SCRUBBING SYSTEMS
Technical Bulletin 92
EST Corooration
P. O. Box 890 Quakertown,
Edition 1
PA
18951
(215) 538 - 7000
Fax(215) 538 - 7713
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
SUBJECT:
Dan Beatty
Don Haley '~
CI2 Scrubber Rehabilitation
DATE: April 4, 2000
We need to rehab our 1992 CI2 Scrubber due to the failure of the fiberglass resin used in the
original construction. The original tank was recoated in 1993. At that time the original coating
failed but none of the peripheral piping, spools, etc; was recoated. The piping, and spools,etc
has now become a problem with leaks. The replacement of all failing equipment, packing in
exhaust tower, and the CI2 alarms is $27,234.00 (see attached)
I am requesting funding from the R & R accounts so that we may proceed with all the necessary
repairs via factory Authorized Service Representatives.
Please keep in mind that we are running without a safety backup for the CI2 Storage.
U ImemoformatlBeat(y scrubber rehab040300 doc
.M~ ~8 00 03:46p Dave
407 657-6622 ~.1
L BLUE RIBBON
I-~--DU~¥R~'~L COMPONENTS CORP.
1940 Howell Branch Rd., Winter Park. FL 32792
Phone, (407) 677.8899
Fax (407) 657-6622
E mail: bluedbbon @ he.ida,net
w',a~,,.~lrdcage.net
Tuesday. March 28, ,?.000
J~m Carmod~
City of Delray Beach
434 $. Swlrton Ave.
Delta), Beach FL 33444
Dear Jim:
RE Delray Beach WWTP EST Packet Tower Emergecy Ct~lonne $crt~bDer
~'e are pleased lo o~r the Following quotatmn tbr your cons~ck:rat~o~.
)lot
Materials and labm m repair the caustic storage ~,essc} (~ D:lray ~:ach WWTP, as
outhned in our field re~ ~tcd 3-27~O The mate~al will be mandf~t~ using
Het~on FR 002 ~my] ¢s~r resin. Ail ~tems ~11 in¢l~c a I~ mH internal co~o~on
ba~er using "Nexus" veil Incl~ arc thc following,
Replacing ( 8 )vessel no~:lcs exp~ed to {he chemical service
I - 2" Overflow w/dip pi~ ~ - 2"
I - ~" I.e~el s~h [. I" Temp. s~tch
2 - l" Level ~uge I - 2" Recycle w/mlcmal
t ~hc a~c all include a conical gusset )
I - 8" Pump suction w/mtcmal p~
Also includes [~-I~nlng the 24" manway ~ required
B~
Replacing five e~¢mal piping spooN, as outlined m our field ::pon.
from thc vcs~l nozzle ~excludin8 the I~/l' ,,alva) to the pump including
4~-c11. c~)-ell, red,car & 1" Ranged stub-out.
x 4" []g'd reducer, above pum~ ~ - 8'° x 6" flg'd red,car, above pump
flanged spool w~th 2" t~g'd stub-out above pump
flanged spool to ve.~el recyctt
C~
Fseld labor [o resell the various v~sel nozzles, repair ~he noted soft spots, r:pair
the noted duct ~¢ a~ to make an}' RI-up fie~d joints for the exlemal p~pmg
(docs ~clude i~stallmg the external p~pmg or other ins~allat:on se~ces~
Prt~ng ~s ha~ed on a ~wo man crew on.s~t~ ~or up 1o four days, inc~:n~ ~avel
and ~r d~cm
Totals Pads A,e,C = $17 888,00
Sincerely,
John Teneriello
Chlorinat,on Specialist
'M~r
L BLUE RIBBON
COMPONENTS CORP.
1940 Howell Branch Rd., Winter [=ark, FL 327'92
Phone: (407) 677-8899
Fax: (407) 657-6622
Emall: blueribbon @ narwhale.net
www. b~rdcage, net
Tuesday, March 26. 2000
Jim CarmccF
City of De,ray Beach
434 S. Swinton Ave.
De,ray Beach, FL 33444
~ear dim:
RE: Delray Beach WWTP EST Packed Tower Emergecy Chlorine Scrubbar
We are pleased to p~ovlde you the following quote ~or optional equipment u~redes
Materials a~d ,abor to replace the packmcj media and the de-m~ster to inctude a two man crew on site for
one da,/including travel and per d~em. Also included will be proper disposal pt exrst:ng contaminated
packing mat~,als a~Q instal;arrant of the replacement (~e mister,
Total Quote:
Sincerely.
John Tenerielle
g;t'.lormation Spec, alist
SHEET1
QUOTATION
BLgE RIBItN INIISTRIAL ¢IMPINENTS ttRP. DATE: 3/23100
, .. 1940116WELL BRANCII ROAD [32792]FILE:
P, J. JJX 2747 [32790l QUOTED BY
WINTER PARK, FL Joseph Graziosi
TEL: 467-67/-8899 DELIVERY:
FN~ 4~7-$§7-~S22 ~ Week
TERMS:I% 10, NET30
TO: JIB ~BI'IIIIdY FREIGHT
CIMPANY: City If IIIRIy Beach PREPAY & ADD
TEL: 561-243-~318 FOB:
FAX: 561-243-7060 WINTER PARK, FL
QTY U/M DESCRIPTION PRICE TOTAL
Ecometdcs Model 1720 Dual Sensor Chlodne Gas Leak
Detector with Two Independent Sensors and Built-In
1 ea Battery Back-Up and installation. $1,988 00 $1,988.00
Prices Do Not Include Shipping
GRAND TOTAL $1,988.00
SOME NON-STOCK ITEMS MAY NOT BE RETURNABLE
OTHER RETURNED ITEMS MAY BEAR A 25% RESTOCKING CHARGE
Joseph Grazio$i
Page 1
Mmr 88 O0 03:~Gp Dmve
40? 657-6622
BLUE RIBBON
~-NI:)USTR'I-~L- CO~PONIENTS CORP.
! 940 Howell Branch Rd., Winter Park, FL 32792
Phone: {407) 677-8899
Fax' (407) 657-6622
Email: blueribbon @ net'wide, net
www b~rdcage, net
Tuesday, March 2B, 20~0
Jim Carmoch
City of Dekay Beach
434 S. Swmton Ave.
Delray 8each, FL 33444
SubJect; Del,ay Beach W¥~rP EST Packed Tower Emergency Ch',odne $c"ubber Rehabilitation
Dear Jim:
Oudng the recent inspec'.ien of your scrubber and caustic storage tank we have concludec/[he following
.Qausflc Tank Inspection
The tank was reli~ted in 1.392 or 1993 when a corrosion problem was experienced. Only the inside of the
tank was relined The nozzles penetratmg the tank wall were not replaced and all of the current leaks
occur at these r, ozzles The piping between t,'~e tank and the pump also was not replaced and ~s badly
damaged.
A hardness test(Barcol Test) was r[,n inside the tank with readings genera,ly in the h gh 20% to Iow 30's
A few spot areas registered in ~he Iow twenties The general appearance of the tank hnilg was good
Re, mr Rec~uirements
There are eight nozzles in the tank wall Though only ttoe nozzles thai are ezposed to csustm are badly
damaged the other ones witl become a p.obJem in the future if not addressed.
We recomme'~d that a',l of the tank nozzles be replaced and the 8" imernal pipe be replaced. We further
recommend that the pump pip!ne be replacecl, and the "few soft spots" inside the tank be relined. There
iS also a previous repair to the backside of a duct flange that needs to be repaired
_Packino Media and De-mister
The packing media can continue to be used as well as the demister but their present condition would
lnclicate the potentia! for future prob:ems and could certainly effect the efhciency of the scrubber's
performance and should be considered replaced clunng this rehabilitabon
407 $57-G~2~ P'~
L BLUE RIBBON
INDUSTRIAL COMPONENTS CORP.
1940 Howell Branch Rd,, Winter Park, FL 32792
Phone (407) 677 8899
Fax: (407) 65%6622
Emait blueribbon @netwide.net
www. birdcage.net
_.R~ecomm~ndations
ar, ar~er for repairs as described
Upon receipt of oroer prowde drawings for spool pieces o! pipe Dr recluest that we retdrn to the job site to
do measurements
Once pads are manufactured, we ca~, schedcle a repair date or if repair ~s irnmec~mtely required we can
scheduJe a date for tank repair as soon as an order is ~ssued and make our measurements o~, p~p~
sections widen we are doJng the tank repair.
Chlorination Specialist
AGENDA ITEM NUMBER: ~', --~, ,~
Request to be placed on:
XX Consent Agenda
When: April 18, 2000
Description of agenda item:
AGENDA REQUEST
__ Special Agenda
Date: April 11, 2000
Workshop Agenda
The City Commission is requested to approve the purchase award of manufacturer replacement
parts to repair the Water Treatment Plant's Chlorine Emergency Scrubber and install a new
Chlonne Gas Leak Detector by Blue R~bbon Industrial Components Corporabon for a total cost of
$27,234 00 Currently, th~s equipment ~s out of service and it needs to be replaced, as ~t acts as a
backup system in the event of a Chlorine leak.
ORDINANCE/RESOLUTION REQUIRED. YES NO
Draft Attached: YES NO
Recommendation:
The Manager of the Water Treatment Plant and the Purchasing Division recommend the
purchase award to Blue R~bbon Industrial Components Corporation for a total cost of $27,234.00.
Funding w~ll be taken from a~8-536-6490.
City Attorney Review/Recommendation (if applicable):
Budget Director Review {required on all items involving expenditure of funds):
Funding available: Yes
Funding alternatives:
Account Number.
Account Description:
Account Balance:
City Manager Review:
Approved for agenda'~
Hold Until:
Agenda Coordinator Review:
Received
Action: Approved
(if applicable)
No
Disapproved
P.O. NUMBER:
PURCHASING DIVISION
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David T. Harden, City Manager
Jennifer Schillace, Buyer
Joseph Sa~nance Director
April 14, 2000
DOCUMENTATION
CITY COMMISSION MEETING, APRIL 18, 2000
APPROVE AWARD TO XEROX CORPORATION FOR THE THREE
YEAR LEASE OF A XEROX 5665MPS COPIER PER THE STATE OF
FLORIDA STATE CONTRACT, 600-380-00-'1.
ITEM BEFORE COMMISSION:
The City Commission is requested to approve the award of a three-year lease from
Xerox Corporation for a Xerox 5665MPS Copier to be utilized by the Delray Beach
Police Department. The cost to lease the Xerox 5665MPS copier is $466.37 per month
or a total cost of $16,789.32 at the end of three years. Pricing is per State of Florida
Contract 600-380-00-1.
BACKGROUND:
The Police Department currently leases a 5365 Xerox Copier and the three-year lease
for that machine is expiring on April 16, 2000. Via the State of Florida Contract
600-380-00-1, the Police Department would like to lease a Xerox 5665MPS copier for
$466.67 per month or a total cost of $16,789.32 at the end of three years. The lease
includes 85,000 copies per month (before overage charges are incurred) and all
supplies except for paper and staples.
The Administrative Services Director recommends award to Xerox Corporation for the
three-year lease of a Xerox 5665MPS Copier per his memorandum dated April 11,
2000. Funding for this lease will be taken from account number 001-2113-521-4430.
RECOMMENDATIONS:
The Purchasing staff recommends award to Xerox Corporation for the three-year lease
of the 5665MPS Copier for a total cost of $16,789.32 at the end of three years per
State of Florida Contract 600-380-00-1. Funding will be taken from account number
001-2113-521-4430.
Attachments:
Memo 04/11/2000
Contract Award Sheet
cc: Jacklyn Rooney, Purchasing Supervisor '~
David Junghans, Administrative Services Director
Delray Beach olice Department
300 West Atlanbc Avenue Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Jennifer Schillac6
Buyer ~.
David Junghan~' ~
Administrative Serv~--e~
Director
April 11, 2000
XEROX 5665MPS Copier
Per our conversation today, the Police Department is recommending the
City of Delray Beach City Commission approve the lease of a Xerox copier,
Model 5665MPS. The lease is for a three (3) year period at a rate of $466.37
per month or a total of $16,789.32 over the course of three years. This
lease includes 85,000 copies per month and all supplies except paper and
staples. Pricing is per the State of Florida Contract, No. 600-380-00-1.
The Department currently leases a Xerox 5365 Copier, which includes
50,000 copies per month for $641.09. The lease for this machine is
scheduled to expire on April 16, 2000.
I recommend the lease of the new Xerox 5665MPS for the Delray Beach
Police Department because this lease will save the City money and the
machine is better designed to suit the needs of our Department.
Thank you.
STATE OF FLORIDA
WALK-UP CONVENIENCE COPIER BID
ANTICIPATED CONTRACT EFFECTIVE DATE:
November 15, 1999 - November 14, 2001
CLASS XEROX MODEL TWO YEAR THREE YEAR COPIES
LEASE LEASE INCLUDED IN
MONTHLY
Monthly Minimum Monthly Minimum MINIMUM
2 Xerox 5818TA w/10 bin $99.11 $94.71 10,000
3 Xerox 5830 w/10 bin $184.47 $175.68 15,000
$o~ter
4 Xerox 5830 w/20 bin $211.97 $200.24 30,000
sorter and finisher
(stapler)
5 Xerox 5830 wi20 bin $211.97 $200.24 30,000
sorter and finisher
(s ap er)
6 Xerox 5352A w/20 bin $310.01 $295.25 55,000
7 Xerox 5352A wi20 bin $328.06 $312.43 55,000
sorter and finisher
(stapler)
8 Xerox 5665 MPS $527.39 $466.37 85,000
9 Xerox 5365RFIN $580.94 ~c~$519.~ 85,000
11 Xerox 5892 $1,417.65 $1,350.14 250,000
NOTE: Prices also include all supplies for the copiers except paper and staples.
Overage charges above the monthly minimum available upon request.
The Xerox 5665 Copier
The copier that excels in every department.
~2
13
~4
THE DOCUMENT COMPANY
XEROX
Xerox 5665 Copter
wtth Sorter-Stapler
Xerox 5665 Copter
wzth Sorter-P~ntsher.
The Xerox 5665 Copier
It's brighter than most other copiers in its class.
Consider what you want in your next departmental
copier, then consider the Xerox 5665. It's fast,
versatile, and hardworking. It copies originals and
produces two-sided copies from sizes 8 1/2 x 11
to 11 x 17. Even better, you can load it with a
stack of mixed-size originals--for mixed-size
or same-size copies, automatically. The Sorter-
Finisher or Sorter-Stapler gives you up to
20 finished copy sets. Optional highlight color
gives your documents added impact. And with
a 4,600-sheet total paper supply, the 5665 goes
longer without refills than most other copiers. The
Xerox 5665 is compact and quiet, so it can work
almost anywhere. Plus, it's backed by the industry-
leading Xerox Total Satisfaction Guarantee.
Consider all the convenient features packed into
the new Xerox 5665 Copier:
· 64 8 1/2 x 11 copies per minute off the document glass,
with the first copy in just 2.9 seconds · Quiet operation in
just 11.7 square feet of space · Versatile paper handhng and
Automattc Tray-Switching · Fully automatic two-sided copy-
lng, from 8 1/2 x 11 to 11 x 17 · Bound Original and Edge
Deletion features for copying bound documents · Zoom
Reduction/Enlargement from 50% to 200% · Duplex
Automatic Document Feeder holds up to 50 oraginals
· Automatic slipsheet and cover insert]on · Optional
pushbutton color and Edit Pad · Job pre-programming,
up to 10 jobs · Job Time Calculator and Job End Sound
Indicator · Proven, reliable design · All backed by the
Xerox Total Satisfaction Guarantee
Xerox 5665 Specifications
Standard Equipment
Processor, Duplex Automatic Document Feeder, High-
Capacity Feeder, Sorter-Finisher or Sorter-Stapler,
Electronic Audltron.
Xerox Corporation
Xerox Square 05A
Rochester, New York 14644
XEROX®, The Document Company®, the stylized X
and 5665 are trademarks of XEROX CORPORATION.
The Xerox 5665 Cop~er is factory-produced new model
eqmpment Product appearance, build status and/or
specifical~ons are subject to change w~thout nottce.
Printed ,n USA on rec)cled paper. ~f~ 1/96 610P62017
Optional Equipment
Highlight Color Kits, Edit Pad and Pen, Remote Interactive
Communications (RIC), Dual Language Display, Additional
Cassette for Trays 2 and 3, Foreign Interface Kit for Third-Party
Coln-op or Card Reader, etc.
Copy Speed
64 per minute from document glass: 8 1/2 x 11.61 per minute
from DADF: 8 1/2 x 11.33 per minute: 11 x 17. First copy in
2.9 seconds from document glass. Copy selector: 1-999.
Originals
Document glass: Any size up to 11 x 17, including bound docu-
ments. Duplex Automatic Document Feeder: Up to 50 originals at
a time. From one-sided originals: Sizes 5 1/2 x 8 1/2 to 11 x 17,
10-34 lb. bond. From two-sided originals: Sizes 5 1/2 x 8 1/2 to
11 x 17, 13-28 lb. bond. Border deletion around the edges or down
the center (for bound document copying) can be set from 0-0.6",
in 0.1" increments.
Throughput and Paper Supply
Paper sizes: Trays I through 4:5 1/2 x 8 1/2 to 11 x 17. High-
Capacity Feeder: 8 1/2 x 11. Bypass Tray: 4 1/4 x 5 1/2 to 11 x 17.
Paper weights: Trays I through 4 and High-Capacity Feeder:
13-24 lb. stock. Bypass Tray: 13 lb. bond to 110 lb. index.
Paper capacities at 20 lb. bond: Tray 1:550 sheets. Trays 2 and 3:
250 sheets. Tray 4:1,000 sheets. High-Capacity Feeder: 2,500
sheets. Bypass Tray: 50 sheets. Use Bypass to feed transparencies,
letterhead, labels and card stock.
Zoom Reduction/Enlargement
Variable, from 50% to 200%. Preset ratios: 50%, 65%, 79%, 129%
and 200%, plus two custom presets that you determine.
Automatic Two-Sided Copying
1-sided to 2-sided, 2-sided to 2-sided, and 2-sided to 1-sided.
Dedicated Duplex Tray: 50 8 1/2 x 11 to 11 x 17 sheets,
in 16-24 lb bond.
Finishing Choices
Sorter-Finisher, up to 20 sets, 50 pages each, one staple position.
Sorter-Stapler, up to 20 sets, 50 pages each, in two single or one
dual staple posmon. Staple supply: 5,000-staple cartridge.
Electronic Auditron
5,533 accounts.
Size and Weight
With Sorter-Finisher: Width: 57", Depth: 28", Height: 47', 554 lbs.
With Sorter-Stapler: Width: 60", Depth: 28", Height: 44", 576 lbs.
Electrical Requirements
Power: 115V Nom, 60Hz, sole use of a 20A power source.
Maximum power consumption: 1650W running, 246W stand-by,
200W Power Saver mode. Warm-up time: 4.0 minutes (maximum).
THE
DOCUMENT
COMPANY
XEROX
Worldwide Sponsor
EPA POLLUTION PREVENTEB
AGENDA ITEM NUMBER: ~" ~' 3
Request to be placed on:
XX Consent Agenda
When: April 18, 2000
Description of agenda item:
AGENDA REQUEST
Special Agenda
Date: April 14, 2000
Workshop Agenda
The City Commission is requested to approve the award of a three-year lease from Xerox
Corporation for a Xerox 5665MPS Cop~er to be utilized by the Delray Beach Police Department.
The cost of the lease is $466.37 per month or a total cost of $16,789 32 at the end of three years.
Pricing is per State of Florida Contract 600-380-00-1.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached' YES
Recommendation:
NO
NO
The Administrative Services Director at the Police Department and the Purchasing D~vision
recommend the award to Xerox Corporation for a three-year lease of a Xerox 5665MPS for a total
cost of $16,789.32. Funding w~llbe-taken from account n.u. mber 001-2113-521-4430.
Department Head Signature: ~~'~"/,,. / ~"'~ \~\
Determination of Consistency wit~3~-.~mprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ No
No
Approved Disapproved
(if applicable)
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: (~
Hold Until:
Agenda Coordinator Review:
Received:
Action:
P.O. NUMBER:
MEMORANDUM
TO:
FROM:
THROUGH:
David Harden, City Manager
Jacklyn Rooney, Purchasing Superviso~lk'
Joseph S~nance Director
DATE:
April 14, 2000
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
APRIL 18, 2000 - CONTRACT AWARD
PURCHASE OF OFFICE SUPPLIES-TERM CONTRACT
TO OFFICE DEPOT VIA FLORIDA ATLANTIC
UNIVERSITY AGREEMENT #OP-AS0
Item Before Commission:
City Commission is requested to approve contract award to Office Depot for the purchase and
delivery of office supplies via the Florida Atlantic University Agreement #OP-AS0 (RFP #99S-
270) for an estimated annual cost of $79,000.
Background:
The current contract for the purchase of office supplies for the Purchasing Warehouse and
additional products not inventoried as required by the using departments expires in May, 2000.
A contract is available from Office Depot, via the Florida Atlantic University Agreement #OP-
AS0 at a 55% discount off list price, and a twenty-four (24) hour turn around delivery time
directly to using departments. In addition, the headquarters for Office Depot is located in Delray
Beach, and the using departments can also go to this store to purchase items directly.
Purchasing recommends award to Office Depot for the purchase and delivery of office supplies.
See attached memo to Finance Director dated April 14, 2000.
Office Depot has agreed to extend to the City of Delray Beach this contract pricing as stated on
attached memo dated April 13, 2000.
Recommendation:
Purchasing staff recommends award to Office Depot for the purchase and delivery of office
products via the Florida Atlantic University Agreement #OP AS0 (RFP #99S-270) for an
estimated annual cost of $79,000. Funding from the various departments operating budget.
Attachments:
Florida Atlantic University Agreement
Memo From Office Depot
CITY OF I ELAAY
PURCHASING DIVISION
TO:
FROM:
SUBJECT:
Joseph Safford, Finance Director
Jackie Rooney, Purchasing Supervisor~
Office Supplies
DATE: April 14, 2000
The annual term contract with Corporate Express expires May 14, 2000. This
contract cannot be renewed for another term.
Attached is a copy of the contract agreement award to Office Depot from Florida
Atlantic University for the purchase and delivery of office products. This contract
was awarded based on a total point system and Office Depot received the
highest total amount of points. This point system was based on four categories;
service, delivery, product selection and cost discount off list price.
Purchasing is requesting the annual contract for the purchase and delivery of
office supplies be awarded to Office Depot via the Florida Atlantic University
Agreement #OP A80, which will expire on April 20, 2001, with the option to renew
for an additional two (2) year period.
Office Depot would make deliveries to the City of Delray Beach in a twenty-four
hour turn around time frame directly to each ordering department. One delivery
driver would be assigned to Delray Beach account. Based, on this delivery time
frame, Purchasing could dramatically reduce the inventory in the Purchasing
Warehouse for office supplies. This would result in a cost savings to the City for
the overhead of the office supply inventoried and also reduce the time spent by
warehouse employees for delivery of office supplies to each ordering
department.
Office Depot has agreed to extend to the City of Delray Beach this agreement
pricing. See attached memo dated April 13, 2000.
Rpr 13 O0 ll:01a Komst 5618830268 p. 1
Business Services Division
JackJe Rooney
Purcha~ng Manager
The City ~ Ddmy Beach
100 NW 1=` Avenue
Delray Beach, R
Ms Rooney:
Off~e Depc~s Business ~ DivLdon is pleased to extend to The City ~ Delray Beach service f(]' al~e
supplies and acce~__~-:~es at a I;rice and savice level as offered in April cf 1-"~'~ to Fl(~ida Atlanlic Urive~ty,
~e~ # OP A80 lhat vas a result ~ ~ Def~s resp3-~ to proposal ~FJs-270. De~s c~ ffis
~dng and sen/ice levels have been 13ovided.
This l]idng a3d service offer,,~ill bev~id ~ May30~ 2001. VVelook~to havinglhe ~to
supply ~he City ~ Delray Beach v~h quality a3d v~ue in the near Ee. re. If you should have any queslJons,
please oontact meat 1-80(>~6.0226 extension 7131.
Christopher Komst
Senior Account Manager
Office Depot Business Services Division
How Pricing Works
FAU PRICZN~;
~ ~ BESTPRZC[NG
~- ~ How .Pricing Works
55 % off published list price
following ten categories
·
for any items in the
Writing Tnstruments
· Hiscellaneous Consumables (paper clip,
fluid, staplers)
· Binders Dividers and Organizers
· Storage Items
· Folders and Accessories
· Writing Pads
· Envelopes
· Labels
· Boards - Memo, Cork
· Packing Supplies and shipping materials.
correction
· Remaining items are priced at our commercial price Less
2% except ..
Business Machines - Priced at commercial Price
· Copier and Computer Paper Priced at Cost Plus 15%.
· Enclosed 160 item High Use Item List.
Keep in mind ....
When using an Office Depot Store Purchasing Card, regardless of which pricing you choose, you will
always get the lower of the two pdces !
Buslne~ Servlc.~ Dlvlslon ~
Rpp 12 O0 07:24a Komst 56188302S8
Agreement No.
OP A80
AGREEMENT FOR COMMODITIES & SERVICES
This is an Agreement entered into on Agr. iLl.;~l.~.~ between Florida Atlantic University.
acting for and on behalf of the Board of Regents, a public corporation of the State of Florida
(" University") and Office Depot Business Services Division. C Vendor").
The parties to this Agreement, in consideration of the mutual covenants and promises
contained in it, and other good and valuable consideration, the adequacy and receipt of which
are acknowledged, agree as follows:
II.
The Vendor is an independent contractor pursuant to Florida law. The Vendor
assumes full responsibility for completion of the services described below:
Office supplies with desktop delivery to all FAU Campuses in accordance with FAU
RFP 99S-270, Office Supplies, Desktop Delivery and the Vendor's Proposal
submitted March 15, 1999 including all discussion and agreements thereafter.
The Vendor shall begin performance under the terms of this Agreement no earlier
than May 1, 1999 and complete performance to the satisfaction of the
University no later than April 30, 2001.
This Agreement mag be renewed. If renewed, it shall be for a period of twenty four
(24) months after the initial contract beginning 1 May, 2001 and will expire April
30, 2003 with all discounts, terms and conditions of the RFP rema/ning the same.
Renewal shall be the option of FAU and subject to the avatlability of funds under the
same terms and conditions.
a) The total amount payable by the University under this initial agreement is not-
to-exceed $1,000,000 annually. This amount is determined by:
In accordance with the Vendor's proposal to RFP 99S-270 and based upon
expenditure history, the purchases of miscellaneous office supplies by the
University.
b) In accordance with the vendor's proposal, the established discount off
manufacturer's list is as follows:
Page 1 of 6
Rpr 12 O0
Komst
5618830268
p.3
Agreement No. ~
Proposal Category
II.
IV.
V.
VI.
VII.
VIII.
IX.
X.
Writing Instruments
Misc. Consumables
Binders, Dividers, Organizers
Storage Items
Folders
Writing Pads
Envelopes
Labels/Adhesive Tape/Stamps
Boards
Misc. Packing Supplies
Manufacturer's List
55%
55%
55%
55%
55%
55%
55%
55%
55 %
55%
Rpp 12 O0 07:24a Komst 5618830268 p.4
Office Supply RFP Review
EVALUATION FACTORS:
AW.MtD: It is FAU's intent to make a multiple award to at least two vendors that best meet
the reqmrements of ~is RFP. The University has conducted a comprehensive, fair and
~mpartial evaluation o fall qualified proposals in response to this solicitation. Each proposal
received was evaluated to determine overall responsiveness and completeness. It was
deemed th. at all responses we acceptable for further evaluation. Tb.e responses were then
reviewed for overall discount and level of service to be provided. The responses showed the
following general discounts and pricing schemes.
The Vendor was responsible for furnishing FAU with a current Manufacturers' List Pricing Grade
w~th the proposal submission and at the begnrmmg of the new quarter dxereafter. Categories are in
accordance w~th descrtpttons contained in sectxon IV, 3a PRODUCT LINES, MISC. OFFICE
SUPPLIES. Vendors who offered additional d~scounts on selected ttems were given consideratmn
tn the cost analys~s,
CRITERIA: the evaluation of proposals involved scor/ng each proposal in the following
areas listed in order of importance:
(40 points) Ordering Ease, Customer Service and Technical Support: This shall include,
but is not [imited to, the availab/.lity of dedmated representatives, reporting capability,
orientation sessions, training and documentation for the on-line order system and invoicing
flexibility.
Apricot US Office Boise Corp Office
Products Cascade Express Depot
(30 points) Overall size and scope of product line/references: including, but not limited
to, in-wareI~ouse stock amd the ability to fill special orders in an expeditious manner. This
criteria ttem also includes customer references.
Apricot US Office Botse Corp Office
Products Cascade Express Depot
Rpp 12 O0 07:25a Komst 5618830268 p.S
(20 points) Cost: Pricing will be evaluated by comparing relative cost on a discount off'list
basis on commodity groups listed in Section IV. Additional consideration was given to
vendors proposing the incluston of "in-store" specials where applicable, and value
incentives.
CATEGORY & DISCOUNT OFF LIST
Apricot US Office Boise Corp Office
Products Cascade Express Depot
Apricot US Office Boise Corp Office
Products Case adc Express Depot
(10 points) Delivery: including, but not limited to, expeditious desktop delivery at ALL
FAU locations, defective product pick-up and product adjustment.
Apricot US Office Boise Corp Office
Products Cascade Express Depot
Note: Vendors that are certified as a State of Florida Minority Business Enterprise (as of the
opening date of this request) will receive an additlonal 5 points. Vendors were required to
submit a current State of Florida MBE Certificate. Therefore, the highest potential score will
be 105 points.
Total Points
Apricot US Office Boise Corp Office
Products Cascade Express Depot
Rpr 12 O0
Komst S618830268
3. REFEI~NCES:
Vendor references were provided as required. The references for three the vendors were
solicited. All three were deemed as acceptable vendors. The profile sheets included with
each response outlining similar contracts was reviewed and used as the basis for reference
checking.
Rpr 12 O0
Komst
5618830268 p.?
FLORIDA ATLANTIC UNIVERSITY
REOUEST FOR PROPOSAL #99S-270
OFFICE SUPPLIES, DESKTOP DELIVERY
Category I
Wnting Instruments
Ink Pens, Ballpoints, Rollerball, Retractable, Stick
Drafting Pencils/Drawing supphes/leads
Highlighters, Markers (Dry erase, Permanent)
Lead erasers, Markerboard Erasers
Chalk, Crayons, etc.
Category II
Miscellaneous Consumables
Ltquid correction fluid
fasteners, paper clips, tacks, clamps, rubberbands
file folder accessories (fasteners)
scissors, glue, robber cemem
flags/signal/page markers
markerboard cleaner
staples, staplers, etc.
Category III
Binders, Dlmders, Orgamzers to tnclude'
Ring Binders, Data Binders, Dividers, Dmplay Books
Catalog Organizers, View Binders
Portfolio/Report covers
Clipboards, etc.
Category IV
Storage items to include:
Permafile, Banker Box, File Boxes,
Stor-all, Data Binder storage boxes
Bras, etc., Crates, card file
file folder pocket, etc.
C~ory V
Folders
Manilla file folders, filing pockets
expanding files, expanding wallets
hanging files, hanging file frames
clasmficatton folders
file folder labels, color code labels, etc.
Category VI
Writtng Pads to include
Notepads, Legal, Memo, Message, Steno, Invoice
Calendars, Organizers, Planners
Index Cards/Dtwders, etc
Category VII
Envelopes to include'
White Wove Business, and Security
Clasp Envelopes
Catalog Envelopes
Mandla/Kraft, etc.
Page 8 of 23
Rpr ~2 O0 07:25a Komst 58J8830268
FLORIDA ATLANTIC UNIVERSITY
OFFICE SUPPLIES, DESKTOP DELIVERY
REQUEST FOR PROPOSAL #99S-270
Catego~ VIII
Labels/Adhesive Tape/Stamps
Address labels, Divider labels
Printer/copter permanent labels
Adhesive tapes. Masking, Packing, Reinforcement
Tape Dispensers, Glue, Rubber Cement
Stock Daters/Stamps, Pre-inked Stamps
Ink Pads, Ink Rollers
Category,
Boards to include:
Markerboard, Dry-Erase, Cork, Bulletin
Memo Boards, Easels, etc.
Category X
Miscellaneous Packing supplies to include:
Madmg packages, tubes, envelopes, shipping boxes,
bubbtemailer, expansion envelopes, etc.
B. Items NOT ALLOWED under th/s request for proposal. It shall be the vendors resporxslbihty to
insure that orders phoned-m against Blanket PO's, LPO's and Purchasing VISA cards, do not include
ttems from the following three categories. The Umversrcy does however reserve the right to order said
ttems on an redly/dual and exception basis, where this contract is not referenced.
OFFICE FURNITURE to include, but not lm~ited to desks, chairs, file cabinets, credenzas, tables,
bookcases, lecterns, computer furniture, cubicle systems furmture, safes, cabinets, computer carts,
mall carts, etc.
OFFICE ACCESSORIES to include, but not limtted to decorattons, lamps, bulbs, flags, hand tools/
accessories, drill bits/shop accessories, catalog racks, vacuum cleaners, fire exranguishers, personal
care products, lunchroom supplies, food products, beverages, coffee makers/pots, coffee, mugs, cups,
coffee filters, creamer, sugar, plastic utensils, etc.
ELECTRONIC EQUIPMENT to include, but not limited to telephones, desktop calculators, copters,
fax machines, computers, modems, CD Rom drives, keyboards, momtors, printers, typewriters,
projectors, cameras, camcorders, televisions, VCR's, cash registers, projector screens, sound
systems, answenng machines, dictation equipment, etc.
V. ORDERING METHODS' FAU ~vill utilize the following methods of procurement FAU requires that
sccurtty measures are provided for each type of transaction. Passwords, Authorized S~gnatures, log-on ID's
crc, arc required. For local store pick-up, ID in the form ora Drivers License, or FAU card is reqmrcd All
methods shall allow same contract prtcing as spcctfied in thts proposal response.
A. ON-LINE ORDERING This request for proposal wdl be awarded to vendor(s) that offer an on-
hne (Interact) ordering system, operational and fully-funcuonal by the destgnatcd proposal opcnmg
Page 9 of 23
IrI~A~CIAL AFT~
Office of the Associate Vice President
345 Williams Administration Building
(561) 2~/-3266 SUNCOM238-3266
FA~ (S61)297-2772
Florida Atlantic University
777 Gladet Road
Post Office Box 3091
Boca Raton, Florida 33431
March 25, 1999
To:
From:
Ed Schiff
Director of Purchasing
Dennis Crudele
Associate Vice President for Financial Affairs
Subject:
Office Supply RFP Review
The committee has met and reviewed the Office Supply RFP. Listed below are the point
values that were determined by the Committee. It is the Committee's recommendation that the RFP
be awarded to Office Depot and Corporate Express in accordance with the award criteria as outlined
in the Request for Proposals. Please post this as appropriate.
Office Products Scoring
U.S. Boise Corporate Office
Apricot Products Cascade Express Depot
Section t 31 30 31 35 39
Section II 23 23 23 27 28
Section III 13 15 14 19 18
Sectgon IV 7 7 7 8 10
Total Points 79 75 75 89 95
D JCl
CC:
Thank you very much for your support.
Ken Jessell
Review Committee
Btnra Raton o Ft. Lauderdale * Davte o Palm Beach Gardens · l°on St. Lucre
,4 Member of the State tflntversity System of Florida
An Equal Opportuntty/Accesz/Affirmative Action [nstttutton
AGENDA ITEM NUMBER: ~'" ~ ~
AGENDA REQUEST
Request to be placed on: April t8, 2000
Date:
April 14, 2000
XX Consent Agenda ~ Special Agenda ~ Workshop Agenda
When:
Description of agenda item:
Approve contract award for the purchase and delivery of office supplies to Office Depot via the
Florida Atlantic University Agreement #OP-A80 (RFP #99S-270) for an esbmated annual cost of
$79,000
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached. YES
NO
NO
Recommendation:
Approve award to Office Depot for the purchase and delivery of office supplies via the Florida
Atlantic University Agreement #OP-A80 (RFP 99S-270) for an estimated annual cost of $79,000.
Funding from various departments operating budget.
Department Head Signat
Determination of Consistency mprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda~
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
[ITY JIF I]ELA#Y
DELRAY BEACH
AII-AmericaCity ~ o0 N.W. 1st AVENUE
993 TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
DATE: April 11, 2000
DELRAY BEACH, FLORIDA 33444
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
APRIL 18, 2000 SPECIAL EVENT APPROVAL -
ART & JAZZ ON THE AVENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled
for May 11, 2000 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue,
the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub
and Railroad Drive from Atlantic to N.E. 1st Street, and to authorize staff support for
security and traffic control, banner hanging and removal, barricade set up and removal,
clean up, use and set up of City stages.
B&CKtROUND
Attached is a request for approval and City assistance for this event from Marjorie Fcrrcr.
The estimated overtime cost for this event is $7,000. City Commission capped the
amount the City would pay for overtime at $7,000 for the last event. Actual overtime
costs for January's event were $5,224. A copy of the certificate of insurance and hold
harmless agreement are attached.
RF. COMMF. aNDATION
Staff recommends endorsement of the event, approval of the temporary use permit and
street closure, staff support as requested, use of stages and City barricades, setting an
upper limit of $7,000 for overtime costs with any difference to be paid by the Joint
Venture.
RAB/dr
CC:
Lt. Geoff Williams
Joe Weldon
Hoyt Owens
Filc:U:SWEENEY/AGENDA
Doc:Art & Jazz 05/00
561/243-7000
~PtfritedorlRecyciedPaper THE EFFORT ALWAYS MATTERS
04/10/2000 10:06 5612780555 DB CHAMBER COMMERCE PAGE 02
Apdl 5, 2000
City of Delray Beach
100 N.W 1" Avenue
Delray Beach, FL 33444
RE:
AGENDA ITEM - CITY COMMISSION APPROVA~
~PECIAL EVENT REQUEST - ART & JA77_ ON THE AVENUF
Dear Mr. Barcinski:
City Commission is requested to endorse the Art & Jazz on the Avenue event
~uled for Thursday, May 11, 2000, and to grant a temporary use permit per
LDR'S section 2.4 6(H) for use of City property and right of way.
We are requesting street closure on Atlantic Avenue from:
o Sw, nton Avenue to 7"' Avenue
o South side of Atlantic Avenue from 7~ to just past the Blue Anchor
Pub
o Railroad Way from Atlantic Avenue to N.E. 1'~ Street
Closure will be from 600 p.m. to 11:00 p.m_
We are requesting that the City provide staff support for barricade setup and
removal, trash removal and clean up, police security for traffic control,
monitoring the FEC railway crossing, stage use setup and removal, and banners
and slgnage setup and removal_
The City support of th,s event, with no charge to the Joint Venture, is crucial to
our success. Your consideration and cooperation is very much appreciated.
MARJORIE FERRER
Downtown Coordinator
Isk
DELRAY BEACH JOINT VENTURE - Community Rcdevcloprrmnt Agency · I~:lray Beach Chamber of Commute · Downtown Development Authonty
64 $ E F, hh Avenue, L~Jray Be~h. FL 33483 ' Tel 561-279-1354 · 561-275d)555
02/09/00 1§:55 FAX l$6127652J,& PL%~$TRIDGE ~]00!/0Ol __
CERTIFICATE OF.LIABILITY INSURANCE g, ?, .
" 02/09/00
THIS CERTIFICATE IS i~UED AS A MA~ER OF INFO~TtCN
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLCER THIS CERTIFICATE ~OES NO~AMEN~, E~END CR
ALTER THE COVERAGE AFFCRDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
A
B
Downtown Delra~ Be~ch JoAnt
Delr~ ~ ~ 33483 ~ O
COVE~A~E~ ~ ~-
TH~ IS TO CER~ ~T THE POL]O~$ OF INSU~CE USTED ~LOW ~VE BEEN iSSUED TO THE IN~EO ~ED ~ FOR ~E ~ICY ~RIOD
I~IGA~D. NO~STAN~N~ A~ ~QUI~E~. TERM OR CONDITION OF ~Y C~IT~CT OR OTHE~ D~ENT WITH RESPECT TO W~ THIS
GERT~ICA~ ~Y ~ I~UED OR ~ ~ERTAtN, THE I~U~E ~FO~ED BY TH= P~IES ~s~IBED HERE~N IS ~UBJECT TC ~g ~E TERMS,
EXCLUSIONS AND ~DITIONS CF ~H ~LI~E~ g~ITS SHOWN ~Y ~ BEEN R~ED 6Y PND C~S
ANYAUTO
POLICY
~=,~Bo~.&.Dv~aur~Y ~$1000000
BODILY INJURY
(Par m~'r, en)
INJURY
ONLY- EA ACC~3~NT
{ O'l'Hii~ THAN AUTo ~qLY:
EA:~H A~SCI[;~NT
AOGRgGA~
EAC,,N OCCI.~RR, EqC..~
$
! 'WC ST/~ru- i" OTH.
C-L ~.Al~..t ACCIEL~4T
IEL DI~.F.A~ - POUCY LIMIT
EL DISF. ASE- EA EMPLOYEE
WORKERS COMP~N~,AI'tON AND
EMPLOYIER~' LIAmaI~TY
TNB ~NO~RI6-rol~ ,~_~F~ INCL
OF~R$ aR~ [ I
OT,-IER
CERTIFICATE ~OLD~R
C£t~ o£ Delray~ach
100 N.W. let A~enue
Delr&y ~ea~J~ FL 33483
CITYD~i
C~;NCELLAI30N '
~OULD ANY OF 3HE ABOVE DESC~B~D
~PIRA~ON DAT~ THEREOF, THE I~UING GONPANY WILL ~=ND~AVCR TC MAIL
1,0 DAYS WRi']'rE, N ~ O ,'~C3E TO THE CERTIFI~".CATE H OL2~R NAMED TO T~4E LEFT,
O~ AI'.~Y g.'ND UPO~ TH~: C-J3~I~ANY
SPECIAL EVENT
HOLD HARMLESS AGR~MENT
The Downtown De/ray Beach Joint Venture in cormi~on of the paymen[ of fen (1 O)
(Name of
dollars, receipt of which is hereby acknowledged, agrees to indemniflj, held harmless
and defend the Cib/of De!ray 8each, its agenLs and employees from all suiLs, actions
and claims including a~omey's fees ~nd cos~ allendant to any
adnn[n[szradve proceeding, eppesl and judgment of eve~ name and description brought
agains[ the City as a lesul[ of loss, damage or injury to person or properly arising from
and in ex~']ange for the Downtown Delr-av Beach Joint Venture use of Ci~ facilities or
(Nsme of ~n~y)
proFe,dy for bhe spedsl event of Ar[ and J~T~ ' and hereby reJe~sas bhe Ciby of
(Name of Entity)
DeJr~v E;e~=ch, ils agents and employees from all suits, ac'dons and d~ms including
attorney's fees and co~s a~endant to any claim, l~_~on, admin[st,'aiJve proceedings,
appeai and judgment of every name and desc~d,ofl'on broughL against
result of loss, d;:mage or injury Io person or propen7 arising from the sped..:~! event of
Ar[ and J~__
(N~me'of Entily) "
' This Ind~mnifi~tion and Hold Harmless ~nd Defend Agreement is only ~c [he extent
of insurance maintained by the Downtown De!ray Be.~c.h Joint VenfiJre ~s covered
under Sc.~dale Insurance Company Policy number 0LS420116.
ART AND JAZZ
(Name of Sped~,l Even~)
Witness Name
(Please type or print/~, e)
~'itness
(Please type or print rrazne)
TiiJe
[lTV OF DELRrlV BER[H
DELRAY BEACH
AII-AmerJmCity 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 - 561/243-7000
1993
TO:
FROM:
David T. Harden
City Manager
Abert A. Barcinski
sistant City Manager
DATE: April 11, 2000
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
APRIL 18, 2000 APPROVAL SPECIAL EVENT REQUEST
2ND ANNUAL GARLIC FESTIVAL
ACTION
City Commission is requested to endorse the Second Annual Garlic Festival to be held on
November 4t~ and 5th, 2000, to grant a temporary use permit per LDR's Section 2.4.6(H)
for use of City rights-of-way (NE 1 st Avenue from Atlantic to NE 1 st Street and NE 2nd
Avenue from the alley just north of Atlantic to NE 1~t Street on November yd at 6:00
a.m.), to waive LDR's Section 4.6.7 (D)(3)(j) (ii), to allow signage to be placed more
than one (1) week prior to the event, to provide staff support as outlined in the attached
letter, and to waive overtime costs for police and fire staff assistance.
BA CKGR 0 UND
Attached is a letter from Nancy Stewart, Executive Director of the Delray Beach Garlic
Festival, requesting City Commission to endorse the Second Annual Garlic Festival, to
use City rights-of-way, to place signage up two to three (3) weeks before the event, and to
provide staff support for security, barricading, clean up, stage set up, banner hanging, and
other assistance as outlined, waiving overtime costs for police and fire support. The
event sponsor will be responsible for liability insurance, port-a-potties, and the event
management. Stage set up and take down can be done on regular time. The estimated
cost for this event is $9,190. Last years overtime costs were approximately $3,800, but
did not include on-site EMS support. Estimated overtime costs for police and fire support
is approximately $8,260. Proceeds from the event will again be shared with volunteer
organizations. Last year $17,830 was disbursed to various organizations (see attached).
Last year the event sponsor was required to pay all overtime.
THE EFFORT ALWAYS MATTERS
PHflted on Recycled Paper 9 ~ ~ d
Agenda Item #
Page 2
RECOMMENDATION
Staff recommends endorsement of the evem, granting the temporary use permit, waiving
the sign code, and providing staff assistance as requested. Staff recommends
consideration of splitting the overtime costs 50/50 due to the fact that the event gives
back funds to local volunteer organizations.
RAB/tas
Ftle. u ~n~eeney/agenda
Doc:2nd ann g,~'hc festno l
January 12,2000
Mr. BobBaminski
City ofDelrayBeach
100 N.W. 1 Avenue
Delray Beach, FL 33~
Dear Bob,
The Delray Beach Festival Association's 2"d Annual Delray Beach Garlic Festival, has been
approved for a Temporary Use Permit for approximately 200 feet of N.E. 18t Ave. on Block 76
adjacent to CRA Parking Lots as shown on the attached map and all of Old School Square
grounds. This portion of the City needs to be closed from 6:00 am Friday, November 3, 2000
through midnight Sunday, November 5, 2000. (Please refer to attached Festival Description
and proposed Site Plan for the Festival.)
This festival will again be a gated event with an admission fee of $3 per person. This
admission fee is charged in order to guarantee monetary contributions to volunteer and non-
profit organizations working our event.
The event will be held on Saturday, November 4th, 2000 (10:00 am to 10:00 pm) and Sunday,
November 5th (10:00 am to 6:00 pm).
We are requesting that the following area be barricaded at locations outlined below:
1) The entrance to N.E. Ist Ave. @ E. Atlantic Avenue (adjacent to Old School Square)
North to N.E. 1°t Street.
2) N.E. 2nd Ave. @ the alley entrance (approx. 200 feet North of E. Atlantic Ave.) North
to N.E. 1~ Street.
3) Closing of this portion City needs to be closed by noon, November 34 in order to
begin installation of fencing.
The Delray Beach Festival Association is also requesting approval for utilization of City Staff
for the following:
1) ~ionaoe Ree. uest:
a) Waiver of event signage timing lifted in order to display signage 2 - 3 weeks prior
to event.
b) Installation of banners on Atlantic Ave. (use of lamp posts for signage display),
signage on Federal Highway North of Linton, Federal High North of George Bush
Blvd., W. Atlantic Avenue East of 195 and Linton Blvd. East of 195.
c) Event & Parking Signage in appropriate areas (to be determined once parking is
secured).
d) Barricades placed at CRA Lot (Block 76) by 5:00 pm on Thursday, November 3rd,
2000, CRA Lot directly North of Dunkin Donuts.
2) Installation and production of necessary signage throughout the City as listed in #1.
3) Use of both Parks & Recreation stages (including cover) and set-up at locations to be
determined.
4) Clean-up services (during & after event in conjunction with SWA) and usage of
adjacent dumpsters (Coordinating w/Parks & Rec).
5) Usage of street lights & electricity at all strategic locations as shown on attached map.
6) Temporary shut down of sprinklers in festival area.
7) Grass to be cut week of event on Old School Square Grounds.
8) Waiver to permit alcoholic beverage consumption on festival grounds.
9) Waiver of noise ordinance for music.
10) Provide Police coverage/security and Fire Department Rescue and First Aid.
11) Distribution of garbage and recycling containers on festival grounds.
City Req Lt~ 2000.cloc
Page 2
Propo .sed parking for the festival will be along Atlantic Avenue, Public Parking lot located on
S.E. 1" Avenue (behind J.W. Genesis building) and the CRA Parking lots 2, 3 & 4 / Block 60
located behind Dunkin Donuts. Additional parking will be negotiated for use of other private
lots.
The event is requesting these items to be added to the agenda of the February 1~ of 15th,
2000 meeting of the City Commission.
Should you have any questions, please contact me at 274-4663. Thank you for your
consideration.
Sincerely,
Executive Director
Delray Beach Garlic Festival
CC: Bob Barcinski
City Req Ltr 2000.doc
1999 BENEFACTORS
Ist Annual Delray Beach Garlic Festival
SHIFTS %
VOLUNTEER WORKED (ACTUAL payouts made!
Amounts based on
ORGANIZATION (ou.,ne of.~,.imu~, ami guaranteed ~cantage~ / per~ic,p~ion
to organizations if no profits from
event were produced ) levels )
PINE GROVE SCHOOL OF 44 @ $1 per hr = $132 $1,500.00
THE ARTS PTA - 15%
BANYAN CREEK PTA- 12% 40 @ $1 per hr = $123 $1,200.00
FOOTBALLTEAM ATLANTIC 38 @ $1 per hr = $114 $1,300.00
HIGH SCHOOL- 13%
UNITYOF ATLANTIC HIGH SCHOOL 24 @ $1 per hr = $72 $800.00
- 8%
HAVEN FOR ABUSED CHILDREN - 19 @ $1 per hr = $57 $600.00
6%
YOUTH COUNCIL OF 18 @ $1 per hr = $54 $400.00
DELRAY BEACH - 4%
GREATER DELRAY BEACH 14 @ $1 per hr = $42 $400.00
CHAMBER OF COMMERCE
CHARITIES INC EDUCATION
FOUNDATION - 4"/°
POLICE EXPLORERS -4% 14 @ $1 per hr = $42 $400.00
EXCHANGE CLUB- 4% 14 @ $1 per hr = $42 $400.00
LAKE WORTH CHRISTIAN-2'/0 9 @ $1 per hr = $27 $200.00
AVDA (AID TO VICTIMS OF 3 @ $1 per hr = $12 $1 30.00
DOMESTIC ASSAULT) - 1%
THE CULINARY INSTITUTE 22 @ $1 per hr = $66 $1,000.00
ROSA TUSA FUN D - 10%
(Make payable to PathFinders)
CRA Contribution paid to electrical $2,800.00
contractor for permanent
electrical uj~jrades to CRA lot.
MILAGRO % of parking. $200.00
OLD SCHOOL SQUARE Mentoring Program. $2,000.00
PINEAPPLE GROVE ARTWALK 100% LIQUOR PROCEEDS $4,000.00
PROGRAM
TOTAL $783.00 $17.830.00
(Minimum guaranteed payout (ACTUAL payouts
@ $1 per hr.) based on %)
99contributions.doc
2 ANNUAL
DELRA Y BEACH GARLIC FESTIVAL FACT SHEET
LOCATION
DATES/TIMES:
Historic downtown Delray Beach, beginning on the grounds of Old School Square at
Swinton Avenue and East Atlantic Avenue, Delray Beach, Florida
Saturday, November 4th, 2000 (10:00 am to 10:00 pm)
Sunday, November 5th, 2000 (10:00 am to 6:00 pm)
ATTENDANCE: 30,000+
AUDIENCE:
Attendees average 30-45 years old, professional, marded with children. Visitors come
from all over Palm Beach, Broward and Dade Counties (and some from California too!).
FESTIVAL
FEATURES:
Gourmet Alley
Competition / Demonstration Stage
Celebrity Appearances (Mr. Food)
ViP Reception
Handshake Casting
Children's Area with amusements, activities and rides
Live Entertainment Stage...bands, dancing, singing, performance art
Miscellaneous vendors featuring a wide range of gourmet food (all with garlic, of course)
Quality arts and crafts
Green Market
Chef's Marketplace (featuring cooking related items)
MARKETING
OPPORTUNITIES:
Radio, TV, and print coverage
Booth space
On-site signage / truck backs
Exclusivity
Inclusion on posters, flyers, etc. (100,000+)
Street banners on Atlantic Avenue
Signage at major intersections in Delray Beach
VIP tickets
PROMOTION
IDEAS:
Product sales
Product sampling
Database development (register to win)
Contest/promotions
Premium incentives
Couponing/bouncebacks
Retail co-op advertising
Cross-promotions with sponsors/sponsor partnerships
A terrific opportunity to become involved in a community event that attracts over 30,000+ people from all
areas of South Florida. One of the newest premiere events in South Florida.
Delray Beach Festival Association, Inc.
Executive Director: Nancy Stewart
Phone: 561-274-4663
Emaih nstewart@gate, net
WEST
OLD SCHOOL
SQUARE
Power
J
NE 1S~ AVENUE
u~ Em~rCE i ~
EAST
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM 9' ~' - REGULAR MEETING OF APRIL 18. 2000
SPECIAL EVENT
TOURNAMENT
DATE: APRIL 14, 2000
REQUEST/PRO-MOTIONS BEACH VOLLEYB^LL
We have recexved a request from Pro-Motions Sports Marketing for special event approval to allow a
volleyball tournament to be held on the municipal beach on Saturday and Sunday, June 10 and 11,
2000. Details are outlined in the attached memorandum from Mr. Weldon.
We have hosted similar volleyball tournaments
Volleyball) for the past few years. These events
problems.
on our beach (e.g. Bud Lxght Pro/Am Beach
have been successful and have not caused any
Recommend approval of the special event request for the Pro-Motions Beach Volleyball Tournament.
RefiAgmemo12.Special Event Pro-Mottons Volleyball Tournament
[IT¥ OF OELll;I¥ BER[H
DELRAY BEACH
100N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000
1993
MEMORANDUM
TO:
David Harden
City Manager
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: Pro-Motions Volleyball Tournament - June 10 - 11, 2000
DATE: April 3, 2000
Attached please find a request from Gino Ferraro of Pro-Motions Sports
Marketing to hold a volleyball tournament on our beach on June 10 and 11,
2000.
Pro-Motions Sports Marketing is requesting the following:
1o) Setup of between 10-15 courts on the beach in the area of Anchor
Park.
2.) A $5.00 parking fee per car per day with restricted parking at Anchor
and Sandoway Parks for players. Our Ocean Rescue staff collects this
money and deposits it in their competition fund.
3.) Allow their maintenance vehicles access to the beach from Thursday
through Sunday for setup and takedown.
4.) Provide overnight parking for the maintenance vehicles.
5.) Ail cleanup during and after the event will be provided by their
staff.
6.) They are requesting no signage for advertising or publicity.
7.) They will provide us with a certificate of insurance, naming the City
of Delray Beach as additional insured with a minimum of $1,000,000
liability (see attached).
THE EFFORT ALWAYS MATTERS
2
8.) They will donate between $500 and $750 to the Ocean Lifeguard
competition fund.
We have had other successful volleyball tournaments on our beach by other
promoters. I recommend approval for this event, and request you place it
on the April 18, 2000 agenda for City Commission consideration.
Please review and advise.
Dj~~~f Parks and Recreation
Attachments
cc: Frank Babin
Risk Manager
Rich Connell
Beach Supervisor
Nilza Madden
Agenda Coordinator
JW:cp
Ref:promotvb
TEL N0.95~-527-255~ ~p~ 25,:2 $:52 P.01
Sports Marketing
Joe Weldon
D~rector of Parks and Recreation
City of Pompano Beach
March 24, 2000
The purpose of this letter is to give a general background on our company and what we plan to accomplish
at the proposed event on your c#y beach. Pro-Motions Sports Marketing has been producing beach volleyball
events across the state of Florida for the past eight years. For the last four years we have been the southeast repre-
sentative for USA Volleyball. Our events consist o! eleven different ctlvlslons. These dMsions range In skill level from
the novice player on up to a pro-am division. We also have two Junior/clivlslon/. Our company and our sponsors
are big supporters of promoting athletics to the young people of our commune/. In the past we have worked with
several local charity groups such asThe United Cerebral Palsey group as well asthe Make a wish Foundation and
Easter Seals,
The pr~ beach voleyball tournament I~ to be held on the weekend of June 10-11. We are requesting
the use of the beach acro~ from the ,south parking lot of Delroy Beach, We will be seffing up between fen and
~fleen courls. Set up will consist of setting poles on the thursday before the event, followed I~y putting up nets and
small tents on fTiaay. All equipment will De set up by Pro-Motions statY, and will be removed by Sunday evening.
Alt clean up throughout and after the event will be hanctlect by our staff.
Our ev~ts do not ~olude the di~triJ~ution at alcoholic or nomaicohollc beverages for sale. We will be providing
water coolers tot the players at courtside. We cio not promote any alcoholic sponsors at our events. I have been
speaking with Richard Connell regarding pos~Ible ways of raising money for the Junior lifeguard program. The
dilemma our company faces is the fact thai we ate ~elf sponsored in our events. Richard and I have discussed
several ways to raise money for the program that might offset lhe cost of permllting for the event. These Include
selling water at the event and charging for parking In the public lot acl~x~s from lt~e proposecl tournament site.
At this time I am trl/Ing to get water donated for sale at the evenl, and have offered the use of a tent to Richard
for hi/upcoming junior lifeguard program. We are open to any sugge~or~s or comments that, might make this
partnelshlp work.. We agree that we will pay a minlmun of 5500, and a maximum of $750 for permits.
We feel that our event will conform to the wholesome atmosphere the City of betray Beach Is accustomed
to, If you have any further areas al concern that are not covered In this document, please feel free to contact
me at your convenience.
Sincerely,
Glno Ferlaro
Pro-Motions Sports Markeling.
T_u N0.954-527-2558
Apr 26, :2 9:,'4 P.01
F'*'L' AI'E (MM~DD/YY)
o~/~,?/oo
4coRn. CERTIFICATE OF LIABILITY INSURANCE
ESIX, Inc.
.999 - 18th Street,
~Denver, CO 80202
Suite 2800
USA Volleyball aka: USAV
% Controller'S Office
715 South Circle Drive
Colorado Springs, CO 80910-2368
THIS CERTIFICATE 18 ISSUED AS A MATTER ~.; I~IFORUATi0fl
ONLY AND OONFERS ~ RIGHI~ UPON TH CERTIFICATE
I'K)LDER. THIS CERTIFICATE DOES NOT AM: ~ID, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE P ~ICIP:~ BELOW.
I#BURERS AFFORDING COVERAA~
,,,UREn^,United States Fire Inuulance Co.
INSURER B'
INSURER O-
INSURER E;
THE POUOE$ OF INSURANCE LI~TED BELOW HAVE BEEN ISSUEO 1'0 I~IE INSURED NAMED ABOVE FORT HE POLICY I~RIOD IN D~3ATEI~, I~ .TWII'i'STAND~
ANY REQUREMENT, TERM OR CONDITION OF ANY CON1RACT OR OTHER DOCUMENT WITH REGPECT TO W~IOH THIS OERTIF,OATE MAC BE 1[ ~UED OR
MAY PERTAIN, THE INSURNqOE AFFORDED BY THE POLICES DESCRIBED HEREIN I$ SUBJECI' TO ALE THE TERMS, EXCLUgtOt' S AND COi'tDITIONt OF SUCH
POt.ICES. AC~I,R,E(N%TE LIMIT8 IIH, OWN MAY HAVE BEEN RED'JCED BY PAID Gl.AIMS,
,_X__t~J~l~ ERClN. Q~NERN.. LIABILII'Y
:_ .....
P'OUO¥ NUMBER
15430850497
:~[N% A~I~E~AIT~. LIMITA~I~I~$ t~E'R'
I - I Pou*W I.,~,PR°'
~ AUToMOBILIE LIABIUTY
ANY
AUTO
ALL OWNE I~ AUTOS
,E, OHE DUL E O AUTOS
HIRED AUTOS
NON-OWNE D AUTOS
0~AFLA~E LIABILITY
ANY AUTO
'OTHER
PERSONAL I ADV IN4UF~¥
QEHERAL Al ~QIRE ~IATE
PRODUCT~ ~OMP/OP AO
OOMBINEC $1N(ILE LIMIT $
BODILY INJURY
BODILY It, JURY
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PROPER '¥ DAMAGE
,~., ooo ~o~ 0,o_
,2~_000,000
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AUTO O~'iLY. EA AOOIDENI
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AUTO ¢,NLY':
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/--T-----
~'CH AOOID~T
~E~RI~N ~ ~ER~I~ ~OATIONB~EHIG ~ I~I[KOLUBI~8 AD DE D BY E NDOPI~EME N~JEO'AL PRO~ONB
?he Certificate ~o[de~ named be[o~ [~ adde~ as ~ ~dd~i~[ [~su~e4
unde~ t~e General ~ab~[~7 policy, but o~17 ~ith ~eepect tc l~ab~l~[y
arisin~ out of their activities with the Named insured's opera,ions.
(All participants must be USA Volleyball registered members)
City o~ Delray Beach
ACORDaB.$(I'/OT)I of 2 #M43116
CANCELLATICW
MC['{ ® ACORD C::ORF ,,1R~ 'i _~ 1011
TEL N0.954--$27-2558 Rpr 26,:2
CERTIFICATE OF LIABILITY INSURANCE
9:45 P.02
j 03/17/00
ESIX, Inc.
999 18th Street, Suite 2800
Denver, CO 80202
ING~ED
USA volleyball aka: USAV
% Controller'S Office
715 South Circle Drive
Colorado Springs, CO 80910-2368
I.
COVERAGES
THIS CERTIFICATE IS IIISUED A8 A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGIHT$ UIK)N THE CERTIFICATE
HOLDER. THIS CERTIFICATE IXIEII NOT AMEND, EXTEND OR
ALTER THE COVERAI~E AFFORDED BY THE POLICIES BELOW.
IN['dJRERS AFFORDING COVERAGE
States Fire Insurance Co.
INSURER
INSURER O:
INSURER 0,
INSURER
""~'tE POI.~IE~oF INSURANCE UST'ED"BELOW HAVE BEEN lESt. ED TO THE f~,URED NAUEO ABOVE FORTI~EpoUCypERIOD INDICATED. NOTWTI'HSTANDING
ANY REQU'IREMENT, TERM OR CONDff'iON OF ANY CONTRACT O~ OTHER D(X;t.~ENT Wq'H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL~IE$ D~SCRIBED HEREIN I~ 8UB,JECT TO ALL THE TERMS, EXCLUSIONS ANO CONDfftON8 OF BUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REI}~JCED BY PAID CLAIM~.
i~ T -
!AUTOMOBILE LIABILITY : r COMBINED SINGLE LIMIT
_-_] ^ To . ' ...........
-i 80HEOU'LED AUTOS I(Per pw,o~) $
_. I HI~I~ I) AUTOG BODILYINJURY
NON-OWNED AUTOS I ; [P~' I~'l~enl) $
' -~ ......... I 1 PROPERT'( DAMAGE
OARA~IE UABILITY
-,?~ I 'AUT0 0NLY' EA ACCIDENTi ' .........
· ANY AUTO I OTHER T)~AN ~_.A___~C
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.E_~__,~E~ LIABILITY EACH OOOUR, RENP.~ $
__a OCCUI'I E.~ CCalmS ~ADe A_~_REOA_TE
IWO STAYU'. ~ IOIH.
WOR#ER$ OOMI~ N~ATION AN D I ITOR~' L LMJ/~/_
EMPLOYERe' LIABiLiTY I p_,L_. EAOH AOOIOENT __~
...... E.L.D, ISEA~-IK)LIOYLIMII'~ ~) , .
L OTHER
~ } . . ..~ ...... I ......
DE6ORIPTION ~: OPERATIONE/LOOATION~.Iq/EMIOLEB/EXOLUBIONSAODED BYENDOI~MENT/~P~OIAL~OVIBION~,
(ALL PARTICIPANTS MUST BE USA VOLLEYBALL REGISTERED MEMBERS FOR
INSURANCE COVERAGE TO APPLY)
CERTIFICATE HOLDER ......
Pro-Motions Sports Marketing,
Inc., A USAV Volleyball Club
2400 SW 16 Court
Fort Lauderdale, FL 333~2
I AO3meaLa'Wl~OiIN~RI~LE'rlE~ -1 ~N~TION ......
OA~ TMEREOF,T~ ~N~ INIU~R WILL E N D~V~ TO MAI~ 0
IM~ NO OBLWA~ ~ L~BIL~ ~ ANY KIN D ~M THE I~
ACORDaI~-$(7/I)T)i of 2 #M43116
MCi{ · AC~D OORIK~ATION lW
AGENDA ITEM NUMBER:
Request to be placed on:
AGENDA REQUEST
Date: April 3, 2000
XX Regular Agenda
Special Agenda
Workshop Agenda
When: April 18, 2000
Description ofagendaitem: Request approval to host Pro-Motions Volleyball
Tournament June 10 & 11, 2000 on our municipal beach, using 10-15 courts
on the beach near Anchor Park. They will donate between $500-$750 to our
Lifeguard Competition Fund and the $5 parking fee per car per day will also
be deposited in this fund.
ORDINANCE/RESOLUTION REQUIRED. YES NO X
D~ffARached: YES NO X
Recommendation: Approval.
Department Head Signature:
Determination of Consistency with
City Attorney Review/Recommenda
Imprehensive Plan:
n (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
ApprovedHold Until:f°r agenda: ~) ~! No
Agenda Coordinator Review:
Received:
Action: Approved
Disapproved
(if applicable)
CITY OF DELRI:I¥ BEI:IEH
CITY ATTORNEY'S OFFICE
DELRAY BEACH
Ail.America City
1993
DATE: April 11, 2000
TO: City Commission
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line 561/243-7091
MEMORANDUM
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
Tri-Party Interlocal Agreement for Funding of the Old School Square
Improvement Project Between City, Palm Beach County and Old School
Square, Inc.
Palm Beach County, through this agreement, will fund up to $500,000 for the band shell
project at Old School Square. Old School Square, Inc. (the Agency) shall provide
$211,992 or more to complete the project. Old School Square, Inc. shall complete the
project within 36 months of the execution of the agreement. The agreement term is for
thirty (30) years.
By copy to David Harden, City Manager, please place the funding agreement on the City
a for April 18, 2000.
Attachment
CC:
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Alison MacGregor Harty, City Clerk
Joe Gillie, Director, Old School Square, Inc.
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY,
THE CITY OF DELRAY BEACH, AND OLD SCHOOL SQUARE, INC. FOR FUND(NG
OF THE OLD SCHOOL SQUARE IMPROVEMENT PROJECT
THIS INTERLOCAL AGREEMENT is made and entered into this day of
,1999, by and between PALM BEACH COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY", the CITY OF DELRAY BEACH, a
Florida Municipal Corporation, hereinafter referred to as "MUNICIPALITY", and OLD
SCHOOL SQUARE, INC., a Florida not-for-profit corporation, hereinafter referred to as"
AGENCY"
WITNESSETH:
WHEREAS, MUNICIPALITY owns property located at 51 North Swinton Avenue
in Delray Beach; and
WHEREAS, AGENCY leases the property located above under a long term lease
dated July 31, 1989, approved by City Resolution #59-88, a copy of which is on file with
the City Clerk; and
WHEREAS, AGENCY desires to construct the Old School Square Improvement
project, hereinafter referred to as "the Project" at said location; and
WHEREAS, AGENCY has asked COUNTY to financially participate in the
acquisition/construction of said project; and
WHEREAS, on March 9, 1999, a bond referendum was passed by the voters of
Palm Beach County for the issuance of general obligation bonds for the purpos~ of
financing the acquisition, construction, and/or improvements to certain recreation and
cultural facilities, in the principal amount of $25 Million; and
WHEREAS, on July 27, 1999, COUNTY approved a recreation and cultural facilities
project list and proposed funding allocations for the $25 Million Recreation and Cultural
Facilities Bond; and
WHEREAS, the Project represents one such recreation/cultural project enumerated
in the $25 Million Recreation and Cultural Facilities Bond; and
WHEREAS, AGENCY desires to operate and maintain the Project upon its
completion; and
WHEREAS, the Project shall be open to and benefit all residents of Palm Beach
County; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into
Interlocal Agreements with each other to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately; and
WHEREAS, all parties desire to increase the recreational and cultural opportunities
for residents of Palm Beach County and to enter into this Interlocal Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties hereto agree as follows:
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated herein as
if fully set forth.
Section 1.02 The purpose of this Intedocal Agreement is to enhance recreational and
cultural opportunities for use by the public and thereby provide a mechanism for the
COUNTY to assist AGENCY in the funding of the Project.
Section 1.03 COUNTY will pay to AGENCY a total amount not to exceed $500,000 for
the construction of the Project as more fully described in the Project Description and
Conceptual Site Plan attached hereto and made a part hereof as Exhibit "A".
Section 1.04 AGENCY agrees to provide funding in an amount of $211,992 or greater
to complete the Project.
Section 1.05 COUNTY's representative during the construction of the Project shall be the
Director of Parks and Recreation, Palm Beach County Parks and Recreation Department,
telephone no. (561) 966-6685. AGENCY's representative during the construction of the
Project shall be Joe Gillie, Director, Old School Square, telephone no. (561) 243-7922.
Section 1.06 AGENCY shall construct the Project upon property owned by
MUNICIPALITY and leased by AGENCY as more fully described in Exhibit "B" attached
hereto and made a part hereof.
Section 1.07 AGENCY shall utilize its procurement process for all construction services
required for the Project. Said procurement process shall be consistent with all federal,
state and local laws, rules and regulations. COUNTY shall have no contractual obligation
to any person retained by AGENCY with regard to the Project. Any dispute, claim, or
liability that may arise as a result of AGENCY's procurement is solely the responsibility of
AGENCY and AGENCY hereby holds the COUNTY harmless for same to the e~ent
permitted by law and subject to the limitations of Section 768.28, Florida Statutes.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 AGENCY shall be responsible for the design and construction of the
Project. AGENCY shall design and construct the Project in accordance with Exhibit "A"
(Project Description and Conceptual Site Plan), attached hereto and made a part hereof,
and with all applicable federal, state and local laws, rules and regulations.
Section 2.02 Prior to or upon execution of this Intedocal Agreement by the parties hereto,
AGENCY shall initiate its procurement process to select the necessary professional
engineer and/or architect to perform all engineering and/or architectural design work,
including, but not limited to, the preparation of plans, permits and specifications necessary
for the design and construction of the Project.
Section 2.03 AGENCY shall provide a copy of the engineer's and/or architect's
programming phase documents (i.e., site plan, floor plan, elevations, etc.) to the
COUNTY's Representative for review. The COUNTY's Representative shall review said
programming phase documents to ensure consistency with the intent of this Interlocal
Agreement.
Section 2.04 AGENCY shall be responsible for securing all permits and approvals
necessary to construct the Project.
Section 2.05 Priorto AGENCY commencing construction of the Project, AGENCY shall
provide a copy of all plans and specifications along with the associated costs thereof to the
COUNTY's Representative for review of same to ensure consistency with the intent of this
I nterlocal Agreement.
Section 2.06 AGENCY agrees to totally complete the Project and open same to the
public for its intended use within thirty six (36) months from the date of execution of this
Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least
ninety (90) days prior to that date, AGENCY may request an extension beyond this period
for the purpose of completing the Project. COUNTY shall not unreasonably deny
AGENCY's request for said extension.
Section 2.07 AGENCY shall submit quarterly project status reports to the COUNTY's
Representative on or before January 10, April 10, July 10, and October 10 during the
design and construction of the Project. These Quarterly reports shall include but not be
limited to, a summary of the work accomplished, problems encountered, percentage of
3
completion, and other information as deemed appropriate by the COUNTY's
Representative.
ARTICLE 3: FUNDING
Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove
shall be paid by COUNTY to AGENCY on a reimbursable basis. Any costs incurred in
connection with the Project in excess of that amount shall be the sole responsibility of
AGENCY. Should the total cost of the Project exceed the amount as projected by
AGENCY, AGENCY shall appropriate and expend the excess funds required for
completion of the Project. The COUNTY shall not dispense any funds to AGENCY for the
Project until AGENCY has appropriated and expended said excess funds for the Project.
Section 3.02 The COUNTY shall reimburse project costs under the terms of this
Agreement to AGENCY on a quarterly basis from the date of execution of this Intedocal
Agreement; however, should the need arise for AGENCY to be reimbursed on a more
frequent basis, then COUNTY will, at AGENCY's specific request for each instance, make
its best efforts to reimburse AGENCY within forty five (45) days of such special request.
For each requested payment, AGENCY shall provide to the COUNTY's Representative a
fully completed and executed Contract Payment Request Form and a Contractual Services
Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said
forms shall include information listing each invoice as paid by the AGENCY and shall
include the vendor invoice number; invoice date; and the amount paid by AGENCY along
with the number and date of the respective check for said payment. AGENCY shall attach
a copy of each vendor invoice paid by AGENCY along with a copy of each respective
check and shall make reference thereof to the applicable item listed on the Contractual
Services Purchase Schedule Form. Further, AGENCY's Project Administrator and Project
Financial Officer shall certify the total funds spent by AGENCY on the Project and shall
also certify that each vendor invoice as listed on the Contractual Services Purchase
Schedule Form was paid by AGENCY as indicated.
Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total am6unt
allocated to AGENCY for the Project until AGENCY completes the Project and provides
COUNTY with either a Certificate of Occupancy or a Project Completion Certification as
determined by COUNTY, and the COUNTY receives and approves all documentation as
required in accordance with this Intedocal Agreement. The COUNTY's representative shall
visit the Project site to verify and approve said final reimbursement.
Section 3.04 AGENCY shall provide a request for final reimbursement to the COUNTY
no later than ninety (90) days following completion of the Project and provision of either a
Certificate of Occupancy or Project Completion Certification to the County.
Section 3.05 The County agrees to reimburse AGENCY an amount not to exceed $0 for
those approved pre-agreement costs accruing to the Project subsequent to March 9, 1999,
as more fully described in Exhibit "D", Cost Estimate.
3.06 For construction projects fully funded by the County Bond, no more than 10% of the
Bond funding for the project shall be used for design and engineering costs for the project
and be eligible for reimbursement under this Agreement. For construction projects not fully
funded by the County Bond, all design and engineering costs associated with the project
shall be borne by the AGENCY, and will not be eligible for reimbursement from the County.
Section 3.07 County shall reimburse project costs only after AGENCY has expended its
share of project funding in its entirety.
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4.01 Upon completion, the Project shall remain the property of the leased property
of the AGENCY. The COUNTY shall not be required to payAGENCY any additional funds
for any other capital improvement required by or of AGENCY.
Section 4.02 AGENCY hereby warrants and represents that it has full legal authority and
financial ability to operate and maintain said Project. AGENCY shall be responsible for all
costs, expenses, fees and charges, and liability related to the operation and maintenance
of the Project.
Section 4.03 AGENCY shall operate and maintain the Project for its intended use by the
general public for a term of thirty (30) years from the execution of this Interlocal Agreement
by the parties hereto. AGENCY shall maintain the Project in accordance with industry
standards for such facilities to prevent undue deterioration and to encourage public use.
Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to
the benefit of and be binding upon the parties hereto and their respective successors and
assigns. MUNICIPALITY and AGENCY may not assign this Interlocal Agreement or,ny
interest hereunder without the express prior written consent of the COUNTY.
Section 4.05 It is the intent of COUNTY to issue this funding assistance to AGENCY for
the purpose set forth hereinabove. In the event AGENCY transfers ownership of the
Project to a party or parties not now a part of this Interlocal Agreement, other than another
governmental entity that agrees to assume, in writing, AGENCY's obligations hereunder,
COUNTY retains the right to reimbursement from AGENCY for its participation to the full
extent of the funding assistance awarded to accomplish the Project. Should AGENCY
transfer management of the project to a party or parties not now a part of this Intedocal
Agreement, AGENCY shall continue to be responsible for the liabilities and obligations as
5
set forth herein. Further, AGENCY shall not transfer management of the Project to a third
party without the written consent of the COUNTY.
ARTICLE 5: USE OF THE PROJECT
Section 5.01 AGENCY warrants that the Project shall serve a public recreational or
cultural purpose and be open to and benefit all residents of Palm Beach County and shall
be available thereto on the same cost and availability basis as to residents of
MUNICIPALITY. AGENCY shall not discriminate on the basis of race, color, sex, national
origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to
use of the Project.
Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30) years
commencing upon the date of execution of this I ntedocal Agreement by the parties hereto.
AGENCY shall restrict its use of the Project to recreational, cultural, civic, educational,
community and social purposes only unless otherwise agreed to in writing by the parties
hereto.
Section 5.03 AGENCY shall affix a permanent plaque or marker in a prominent location
at the completed Project indicating that the COUNTY was a contributor to the development
of the Project. Said plaque or marker shall include the County seal and a list of County
Commissioners, unless otherwise directed by the COUNTY's Representative.
ARTICLE 6: ACCESS AND AUDITS
AGENCY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the construction of the Project for at least five (5)
years after the end of the fiscal year in which the final payment is released by the
COUNTY, except that such records shall be retained by AGENCY until final resolution of
matters resulting from any litigation, claim, or special audit that starts prior to the expiration
of the five (5) year pedod. The COUNTY reserves the right, upon reasonable request and
during normal business hours, to inspect said Project and shall have access to such bod-ks,
records, and documents as required in this section for the purpose of inspection or audit.
ARTICLE 7: NOTICES
Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and
hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be
addressed to the following:
As to the COUNTY:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, FL 33461
Asto MUNICIPALITY:
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FI 33444
As to AGENCY:
Director
Old School Square, Inc.
51 N. Swinton Avenue
Delray Beach, FL 33444
ARTICLE 8: TERMINATION FOR NON-COMPLIANCE
The COUNTY may terminate this Intedocal Agreement upon wdtten notice to
MUNICIPALITY and AGENCY for non-compliance by AGENCY in the performance of any
of the terms and conditions as set forth herein and where AGENCY does not cure said
non-compliance within ninety (90) days of receipt of written notice from the COUNTY to
do so. Further, if AGENCY does not cure said non-compliance within the time frame
specified above, then upon written notice, the COUNTY may require AGENCY to
reimburse any funds provided to AGENCY pursuant to this Intedocal Agreement either in
whole or in part once the COUNTY has reasonably determined that no other remedy is
available.
ARTICLE 9: REMEDIES
This Intedocal Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce the Intedocal Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power, or remedy hereunder shall preclude any other or further exercise thereof. The
parties hereto may pursue any and all actions available under law to enforce this Interlocal
Agreement including, but not limited to, actions arising from the breach of any provision set
forth herein.
ARTICLE 10: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County.
ARTICLE 11: INDEMNIFICATION
It is understood and agreed that AGENCY is merely a recipient of County funding and is
an independent contractor and is not an agent, servant or employee of COUNTY or its
Board of County Commissioners. In the event a claim or lawsuit is brought against
COUNTY or any of its officers, agents or employees AGENCY shall indemnify, save and
hold harmless and defend the COUNTY, its officers, agents, and/or employees from and
against any and all claims, liabilities, losses, judgments and/or causes of action of any type
arriving out of or relating to any intentional or negligent act or omission of AGENCY, its
agents, servants and/or employees in the performance of this Agreement.
ARTICLE 12: INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida
Statutes, the MUNICIPALITY acknowledges to be self-insured for General Liability under
Florida sovereign immunity statutes with coverage limits of $100,000 per person and
$200,000 per occurrence; or such monetary waiver limits that may change and be set forth
by the legislature.
The AGENCY shall agree to maintain third-party Commercial General Liability at limits not
less than $500,000 combined single limit for bodily injury or property damage. With
respect to Commercial General Liability, AGENCY shall agree to add the COUNTY as an
"Additional Insured". Any claims-bill tailored coverage shall not be considered third-p'~rty
liability for the purpose of this paragraph.
The MUNICIPALITY and AGENCY agree to maintain or to be self-insured for Workers'
Compensation and Employer's Liability insurance in accordance with Chapter 440, Florida
Statutes.
AGENCY agrees to maintain property insurance, which would include builder's risk
insurance while the project is in the course of construction in an amount at least equal to
the estimated completed project value as well as subsequent modifications of that sum;
thereafter, Ali-Risk property insurance for adequate limits based on the AGENCY'S
replacement cost or probable maximum loss estimates for the perils of either fire, wind, or
flood. AGENCY shall agree to be fully responsible for any deductible or self-insured
retention. AGENCY shall agree to name MUNICIPALITY as Loss Payee on the Builder's
Risk and Ali-Risk Property Insurance coverage for the life of this Interlocal Agreement.
The MUNICIPALITY and AGENCY shall agree to provide a statement or Certificate of
Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which
COUNTY agrees to recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY and
AGENCY of their liability and obligations under this Intedocal Agreement.
All parties agree that by entering into this Agreement it does not give any right to third
parties that are not parties to this Agreement.
ARTICLE 13: CAPTIONS
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
ARTICLE 14: SEVERABILITY
If any term or provision of this Interlocal Agreement, or the application thereof to any
person or circumstance, shall to any extent be held invalid or unenforceable, the remainder
of this Intedocal Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Intedocal Agreement shall be deemed
valid and enforceable to the extent permitted by law.
ARTICLE 15: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding between the COUNTY,
MUNICl PALl'FY and AGENCY, and supersedes all other negotiations, representations or
agreements, either written or oral, relating to this Interlocal Agreement. None of the
provisions, terms and conditions contained in this Interlocal Agreement may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto.
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed on the day and year first above written.
ATTEST:
DOROTHY H. WILKEN, CLERK
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Chair
ATTEST:
CITY OF DELRAY BEACH
By: By:
Clerk Mayor
WITNESSES:
OLD SCHOOL SQUARE, INC.
Tax I.D. #
By:,
Name (Type or Print)
Title:
By:
Signature
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:, By:
County Attorney
Municipality Attorney
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Agency Attorney
lO
LIST OF EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
Project Description and Conceptual Site Plan
Legal Description of Property
Contract Payment Request Form (Page 1 of 2)and
Contractual Services Purchase Schedule Form) (Page 2 of 2)
Cost Estimate and Pre-Agreement Costs List
3.1
EXHIBIT A
PROJECT DESCRIPTION AND CONCEPTUAL
SITE PLAN
EAST ATT. ANT~ AVEe~E .....
PRO.C1 filL[
OLD SCHOOL
OVERAII
SITE PLAN
K.G. I 70gA102 ....
03.16.00
I
990709
-lOCI. OS d-lO BIgI-EP~-Ig9 P~:OI 000~/0I/P0
0411012000
10:34
561-243-7818
mx
OLD SCHOOL SQUARE
PAGE
05
coo
O0
ZO~ ~z~_
OLD SCHOOL SOUARE
8ANDSHELI_
03.16.00
990709
I
EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
04/10/2000 18:34 561-243-7018 OLD SCHOOL SQUARE PaGE 02
LEGAL
recorded in PXa~ Book 1, peqe ],
and
P~arl $~rse~! veetfh¥ S~ln~on Avanuej ~outh by Atlantic Avan~e:
Zas~ by OallXard etree~ as pac ~ap of binton, ~Xorida, vh~ch
which the public school a% Lingos ~a now located, the maid &bov~
d~ac~b~d land being in ~h~ southwest cor~er o~ tho
~Va~ar Of Sac. lB, ~q:). 46 $., ~qs. 43 E.
P~s% BoQk ~, ~ag~ 3, P~blLc R~co~ds o~ PElm B~&ch County, Florid&,
and
as said Pla~ ~$ ,recorded in Pla2 Book
Public ~saords of P~lm Beach County,
~ore particularly described aa fallows: .
thence Eaa2, on an assumed bearing, along th~ ~orth line
7~Ot l, bain9 also ~ha South ~lght of Way line of .or,heart First
S~reet,; a d£a~&~ce o~ ZV,?S ~e~: thence S XG degrees, OI
a dlst9%ce o~ 67,S4 feet to an lntarsi~lon vtth &..he Wea~ ~ns O!
said L~ 1, of Block 60, said Welt 1£n, be~n~ aZ~O ~..he Zaat right
EXHIBIT C
CONTRACT PAYMENT REQUEST FORM AND
CONTRACTUAL SERVICES PURCHASE
SCHEDULE FORM
PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
Grantee
(Project)
Request Date
Billing #
Billing Period
Item
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS
Certification: I hereby certify that the above
were incurred for the work identified as being
accomplished in the attached progress reports.
PROJECT PAYMENT SUMMARY
Project Costs Cumulative
This Billing Project Costs
Total
Project Costs
Administrator/Date
Certification: I hereby certify that the documen-
tation has been maintained as required to support
the project expenses reported above and is avail-
able for audit upon request.
Financial Officer/Date
EXHIBIT C
PBC USE ONLY
County Funding Participation
Total Project Cost
Total project costs to date
County obligation to date
County retainage ( %)
County funds previously disbursed
County funds due this billing
Reviewed and Approved by:
PBC Project Administrator/Date
Department Director/Date
1 OF2
ZI, Ad
EXHIBIT D
PROJECT COST ESTIMATE AND PRE-AGREEMENT
COST LIST
Note: Costs must be for eligible project expenses incurred
subsequent to March 9, 1999
I:ITV OF DELRIIV BE#EH
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE ° DELRAY BEACH, FLORIDA 33444
TELEPHONE 561 ~243-7090 ° FACSIMILE 561/278-4755
DELRAY BEACH
~lI.Amedca C~
1993
DATE: April 6, 2000
MEMORANDUM
Writer's D~r¢ct L~ne 561/243-7091
TO: City Commission
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
Interlocal Agreement Between the City, CRA and Palm Beach County for
Spady House Multi-Cultural Museum Renovation Funding (Funding
Agreement) and Interlocal Agreement Between City and CRA for
Administration (PrQect Administration Agreement)
The Funding Agreement provides monies for the restoration of the Spady House Multi-
Cultural Museum. The agreement provides that the County will pay $100,000 to the CRA
(the City's project manager) for the renovation project. The CRA will provide $230,000 or
more ($150,000 from state grants, $40,000 from the City and $40,000 from the CRA) to
complete the renovation project.
The property is to be used for recreational, cultural, educational, civic, community and
social purposes. The agreement is for 30 years. The renovation must be complete within
three years of execution of the agreement.
The agreement between the City and CRA is for project administration and management of
the renovation of the Spady Museum.
By copy to David Harden, City Manager, our office requests that these agreements be
placed on the City Commission agenda for April 18, 2000.
ve any questions.
SAR:smk v
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY,
THE CITY OF DELRAY BEACH, AND THE CITY OF DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY FOR FUNDING FOR THE RENOVATION OF THE
SOLOMON D. SPADY MULTI-CULTURAL MUSEUM
THIS INTERLOCAL AGREEMENT is made and entered into this day of
,2000, by and between PALM BEACH COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY", DELRAY BEACH, a Florida
Municipal Corporation, hereinafter referred to as "MUNICIPALITY", and THE DELRAY
BEACH COMMUNITY REDEVELOPMENT AGENCY, a political subdivision established
pursuant to Florida Statutes, section 163, Part III, hereinafter referred to as "CRA".
WITNESSETH:
WHEREAS, MUNICIPALITY owns property located at 170 N.W. 5r" Avenue
in Delray Beach; and
WHEREAS, MUNICIPALITY intends to lease said property to Expanding and
Preserving Our Cultural Heritage, Inc. (EPOCH); and
WHEREAS, MUNICIPALITY has designated CRA by Interlocal Agreement as the
Project Manager under this Agreement; and
WHEREAS, CRA desires to construct the Renovation of the Solomon D. Spady
Multi-Cultural Museum, hereinafter referred to as "the Project" at said location; and
WHEREAS, CRA has asked COUNTY to financially participate in the construction
of said project; and
WHEREAS, on March 9, 1999, a bond referendum was passed by the voters of
Palm Beach County for the issuance of general obligation bonds for the purpose of
financing the acquisition, construction, and/or improvements to certain recreation and
cultural facilities, in the principal amount of $25 Million; and
WHEREAS, on July 27, 1999, COUNTY approved a recreation and cultural facilities
project list and proposed funding allocations for the $25 Million Recreation and Cultural
Facilities Bond; and
WHEREAS, the Project represents one such recreation/cultural project enumerated
in the $25 Million Recreation and Cultural Facilities Bond; and
WHEREAS, MUNICIPALITY and/or its designee, EPOCH, desires to operate and
maintain the Project upon its completion; and
WHEREAS, the Project shall be open to and benefit all residents of Palm Beach
County; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into
Interlocal Agreements with each other to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately; and
WHEREAS, all parties desire to increase the recreational and cultural opportunities
for residents of Palm Beach County and to enter into this Interlocal Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties hereto agree as follows:
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated herein as
if fully set forth.
Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and
cultural opportunities for use by the public and thereby provide a mechanism for the
COUNTY to assist CRA in the funding of the Project.
Section 1.03 COUNTY will pay to CRA a total amount not to exceed $100,000 for the
construction of the Project as more fully described in the Project Description and
Conceptual Site Plan attached hereto and made a part hereof as Exhibit "A".
Section 1.04 CRA agrees to provide funding in an amount of $230,000 or greater to
complete the Project.
Section 1.05 COUNTY's representative during the construction of the Project shall be the
Director of Parks and Recreation, Palm Beach County Parks and Recreation Department,
telephone no. (561) 966-6685. CRA's representative during the construction of the Project
shall be Christopher Jo Brown, Executive Director, Delray Beach Community
Redevelopment Agency, telephone no. (561)276-8640.
Section 1.06 CRA shall construct the Project upon property owned by MUNICIPALITY
as more fully described in Exhibit "B" attached hereto and made a part hereof.
Section 1.07 CRA shall utilize its procurement process for all construction services required
for the Project. Said procurement process shall be consistent with all federal, state and
local laws, rules and regulations. COUNTY shall have no contractual obligation to any
person retained by CRA with regard to the Project. Any dispute, claim, or liability that may
arise as a result of CRA's procurement is solely the responsibility of CRA and CRA
hereby holds the COUNTY harmless for same to the extent permitted by law and subject
to the limitations of Section 768.28, Florida Statutes.
ARTICLE 2: DESIGN AND CONSTRUCTION
Section 2.01 CRA shall be responsible for the design and construction of the Project.
CRA shall design and construct the Project in accordance with Exhibit "A" (Project
Description and Conceptual Site Plan), attached hereto and made a part hereof, and with
all applicable federal, state and local laws, rules and regulations.
Section 2.02 Prior to or upon execution of this Intedocal Agreement by the parties hereto,
CRA shall initiate its procurement process to select the necessary professional engineer
and/or architect to perform all engineering and/or architectural design work, including, but
not limited to, the preparation of plans, permits and specifications necessary for the design
and construction of the Project.
Section 2.03 CRA shall provide a copy of the engineer's and/or architect's programming
phase documents (i.e., site plan, floor plan, elevations, etc.) to the COUNTY's
Representative for review. The COUNTY's Representative shall review said programming
phase documents to ensure consistency with the intent of this Interlocal Agreement.
Section 2.04 CRA shall be responsible for securing all permits and approvals necessary
to construct the Project.
Section 2.05 Prior to CRA commencing construction of the Project, CRA shall provide
a copy of all plans and specifications along with the associated costs thereof to the
COUNTY's Representative for review of same to ensure consistency with the intent of this
Interlocal Agreement.
Section 2.06 CRA agrees to totally complete the Project and open same to the public for
its intended use within thirty six (36) months from the date of execution of this Interlocal
Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90)
days prior to that date, CRA may request an extension beyond this period for the purpose
of completing the Project. COUNTY shall not unreasonably deny CRA's request for said
extension.
3
Section 2.07 CRA shall submit quarterly project status reports to the COUNTY's
Representative on or before January 10, April 10, July 10, and October 10 during the
design and construction of the Project. These Quarterly reports shall include but not be
limited to, a summary of the work accomplished, problems encountered, percentage of
completion, and other information as deemed appropriate by the COUNTY's
Representative.
ARTICLE 3: FUNDING
Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall
be paid by COUNTY to CRA on a reimbursable basis. Any costs incurred in connection
with the Project in excess of that amount shall be the sole responsibility of CRA. Should
the total cost of the Project exceed the amount as projected by CRA, CRA shall
appropriate and expend the excess funds required for completion of the Project. The
COUNTY shall not dispense any funds to CRA for the Project until CRA has appropriated
and expended said excess funds for the Project.
Section 3.02 The COUNTY shall reimburse project costs under the terms of this
Agreement to CRA on a quarterly basis from the date of execution of this Interlocal
Agreement; however, should the need arise for CRA to be reimbursed on a more frequent
basis, then COUNTY will, at CRA's specific request for each instance, make its best efforts
to reimburse CRA within forty five (45) days of such special request. For each requested
payment, CRA shall provide to the COUNTY's Representative a fully completed and
executed Contract Payment Request Form and a Contractual Services Purchase Schedule
Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include
information listing each invoice as paid by the CRA and shall include the vendor invoice
number; invoice date; and the amount paid by CRA along with the number and date of
the respective check for said payment. CRA shall attach a copy of each vendor invoice
paid by CRA along with a copy of each respective check and shall make reference thereof
to the applicable item listed on the Contractual Services Purchase Schedule Form.
Further, CRA's Project Administrator and Project Financial Officer shall certify the total
funds spent by CRA on the Project and shall also certify that each vendor invoice as listed
on the Contractual Services Purchase Schedule Form was paid by CRA as indicated.
Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount
allocated to CRA for the Project until CRA completes the Project and provides COUNTY
with either a Certificate of Occupancy or a Project Completion Certification as determined
by COUNTY, and the COUNTY receives and approves all documentation as required in
accordance with this Interlocal Agreement. The COUNTY's representative shall visit the
Project site to verify and approve said final reimbursement.
Section 3.04 CRA shall provide a request for final reimbursement to the COUNTY no later
than ninety (90) days following completion of the Project and provision of either a
Certificate of Occupancy or Project Completion Certification to the County.
Section 3.05 The County agrees to reimburse MUNICIPALITY/AGENCY an amount not
to exceed $100,000 for those approved pre-agreement costs accruing to the Project
subsequent to March 9, 1999, as more fully described in Exhibit "D", Cost Estimate and
Pre-Agreement Cost List.
Section 3.06 County shall reimburse project costs only after CRA has expended its share
of project funding in its entirety.
ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE
OF THE PROJECT
Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY.
The COUNTY shall not be required to pay MUNICIPALITY or CRA any additional funds
for any other capital improvement required by or of MUNICIPALITY or CRA.
Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority
and financial ability to operate and maintain said Project subject to the terms set forth in
Section 4.05. MUNICIPALITY shall be responsible for all costs, expenses, fees and
charges, and liability related to the operation and maintenance of the Project.
Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use
by the general public for a term of thirty (30) years from the execution of this Interlocal
Agreement by the parties hereto subject to the terms set forth in Section 4.05.
MUNICIPALITY shall maintain the Project in accordance with industry standards for such
facilities to prevent undue deterioration and to encourage public use.
Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the
benefit of and be binding upon the parties hereto and their respective successors and
assigns. MUNICIPALITY may not assign this Interlocal Agreement or any interest
hereunder except as provided for under Section 4.05 without the express prior written
consent of the COUNTY.
Section 4.05 It is the intent of COUNTY to issue this funding assistance to CRA for the
purpose set forth hereinabove. In the event MUNICIPALITY transfers ownership of the
Project to a party or parties not now a part of this Interlocal Agreement, other than another
governmental entity that agrees to assume, in writing, MUNICIPALITY's obligations
hereunder, COUNTY retains the right to reimbursement from MUNICIPALITY for its
participation to the full extent of the funding assistance awarded to accomplish the Project.
Should MUNICIPALITY transfer management and operation of the project to a party or
parties not now a part of this Interlocal Agreement, except to Expanding and Preserving Our
Cultural Heritage, Inc. (EPOCH), MUNICIPALITY shall continue to be responsible for the
liabilities and obligations as set forth herein. Further, MUNICIPALITY shall not transfer
operational management of the Project to a third party other than CRA or EPOCH without
the written consent of the COUNTY.
ARTICLE 5: USE OF THE PROJECT
Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or
cultural purpose and be open to and benefit all residents of Palm Beach County and shall
be available thereto on the same cost and availability basis as to residents of
MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex,
national origin, age, disability, religion, ancestry, marital status or sexual orientation with
respect to use of the Project.
Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30) years
commencing upon the date of execution of this Interlocal Agreement by the parties hereto.
MUNICIPALITY shall restrict its use of the Project to recreational, cultural, educational,
civic, community and social purposes only unless otherwise agreed to in writing by the
parties hereto.
Section 5.03 CRA shall affix a permanent plaque or marker in a prominent location at the
completed Project indicating that the COUNTY was a contributor to the development of the
Project. Said plaque or marker shall include the County seal and a list of County
Commissioners, unless otherwise directed by the COUNTY's Representative.
ARTICLE 6: ACCESS AND AUDITS
CRA shall maintain adequate records to justify all charges, expenses, and costs incurred
in estimating and performing the design and construction of the Project for at least five (5)
years after the end of the fiscal year in which the final payment is released by the COUNTY,
except that such records shall be retained by CRA until final resolution of matters resulting
from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year
period. The COUNTY reserves the right, upon reasonable request and during normal
business hours, to inspect said Project and shall have access to such books, records, and
documents as required in this section for the purpose of inspection or audit.
ARTICLE 7: NOTICES
Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and
hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be
addressed to the following:
As to the COUNTY:
Director of Parks and Recreation
Palm Beach County Parks and Recreation Department
2700 Sixth Avenue South
Lake Worth, FL 33461
As to MUNICIPALITY:
City Manager
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FI 33444
As to CRA:
Executive Director
24 N. Swinton Avenue
Delray Beach, FI 33444
ARTICLE 8: TERMINATION FOR NON-COMPLIANCE
The COUNTY may terminate this Interlocal Agreement upon written notice to
MUNICIPALITY and CRA for non-compliance by MUNICIPALITY and/or CRA in the
performance of any of the terms and conditions as set forth herein and where
MUNICIPALITY does not cure said non-compliance within ninety (90) days of receipt of
written notice from the COUNTY to do so. Further, if MUNICIPALITY does not cure said
non-compliance within the time frame specified above, then upon written notice, the
COUNTY may require MUNICIPALITY to reimburse any funds provided to MUNICIPALITY
and/or CRA pursuant to this Interlocal Agreement either in whole or in part once the
COUNTY has reasonably determined that no other remedy is available.
ARTICLE 9: REMEDIES
This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any
'7
other remedy, and each and every such remedy shall be cumulative and shall be in addition
to every other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof. The parties hereto
may pursue any and all actions available under law to enforce this Interlocal Agreement
including, but not limited to, actions arising from the breach of any provision set forth herein.
ARTICLE 10: FILING
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County.
ARTICLE 11: INDEMNIFICATION
MUNICIPALITY shall indemnify, defend, and hold harmless COUNTY against any actions,
claims, or damages arising out of MUNICIPALITY's negligence in connection with this
Intedocal Agreement to the extent permitted by law. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,
Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the
County for the County's negligent acts or omissions.
It is understood and agreed that CRA is merely a recipient of County funding and is an
independent contractor and is not an agent, servant or employee of COUNTY or its Board
of County Commissioners. In the event a claim or lawsuit is brought against COUNTY or
any of its officers, agents or employees CRA shall indemnify, save and hold harmless and
defend the COUNTY, its officers, agents, and/or employees from and against any and all
claims, liabilities, losses, judgments and/or causes of action of any type arriving out of or
relating to any intentional or negligent act or omission of CRA, its agents, servants and/or
employees in the performance of this Agreement.
ARTICLE 12: INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida
Statutes, the MUNICIPALITY acknowledges to be self-insured for General Liability under
Florida sovereign immunity statutes with coverage limits of $100,000 per person and
$200,000 per occurrence; or such monetary waiver limits that may change and be set forth
by the legislature.
The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation
and Employer's Liability insurance in accordance with Chapter 440, Florida Statutes.
The CRA agrees to maintain property insurance, which would include builder's risk
8
insurance while the project is in the course of construction in an amount at least equal to
the estimated completed project value as well as subsequent modifications of that sum;
thereafter, the Municipality shall have Ali-Risk property insurance for adequate limits based
on the MUNICIPALITY or CRA'S replacement cost for the perils of either fire, wind, or flood.
MUNICIPALITY shall agree to be fully responsible for any deductible or self-insured
retention up to &75,000 per occurrence.
The MUNICIPALITY and CRA shall agree to provide a statement or Certificate of Insurance
evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY
agrees to recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY or CRA of its
liability and obligations under this Interlocal Agreement.
ARTICLE 13: CAPTIONS
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
ARTICLE 14: SEVERABILITY
If any term or provision of this Interlocal Agreement, or the application thereof to any person
or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this
Interlocal Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Interlocal Agreement shall be deemed
valid and enforceable to the extent permitted by law.
ARTICLE 15: ENTIRETY OF AGREEMENT
This Interlocal Agreement represents the entire understanding between the COUNTY and
MUNICIPALITY and CRA, and supersedes all other negotiations, representations or
agreements, either written or oral, relating to this Interlocal Agreement. None of the
provisions, terms and conditions contained in this Interlocal Agreement may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto.
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed on the day and year first above written.
ATTEST:
DOROTHY H. WILKEN, CLERK
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
By:
Chair
ATTEST:
CITY OF DELRAY BEACH
By:
Clerk
By:
Mayor
WITNESSES:
CITY OF DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
Tax I.D. #
By:
Name (Type or Print)
Title:
By:
Signature
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:.
County Attorney
By:
Municipality Attorney
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
CRA Attorney
lo
LIST OF EXHIBITS
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
Project Description and Conceptual Site Plan
Legal Description of Property
Contract Payment Request Form (Page 1 of 2)and
Contractual Services Purchase Schedule Form) (Page 2 of 2)
Cost Estimate and Pre-Agreement Costs List
I
J
RENOVATION
TO THE EPOCH
SPADY H~
MUSEUM
PHAS~ I
EXHIBIT "B"
Legal Description
Owner:
CITY OF DELRAY BEACH
100 nw 1 sx Avenue
Delray Beach, FL 33444
Description of the Prope,rty:
Lots 5 and 6 and the North 26.25 feet of Lot 7, Melvin Burds Subdivision of the North half
of Block 19, shown on the map of Town of Linton (now Delray Beach), according to the
map or plat thereof as recorded in Plat Book 11, Page 73 of the Public Records of Palm
Beach County, Florida.
The South 12 feet of Lot 7 and all of Lot 8, Melvin Burds Subdivision of the North ½ of
Block 19, shown on map of Linton, according to the map or plat thereof as recorded in Plat
Book 11, Page 73 of the Public Records of Palm Beach County, Florida.
Names of persons within the State of Florida designated by owner upon whom notices or other
documents may be served:
CITY OF DELRAY BEACH
c/o City Attorney's Office
200 NW 1't Avenue
Delray Beach, FL 33444
ATTENTION: Susan Ruby, Esq.
PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
CONTRACT PAYMENT REQUEST
EXHIBIT C
Grantee
(Project)
Request Date
Billing #
Billing Period
Item
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Grantee Stock
Equipment, Furniture
TOTAL PROJECT COSTS
Certification: I hereby certify that the above
were incurred for the work identified as being
accomplished in the attached progress reports.
PROJECT PAYMENT SUMMARY
Project Costs Cumulative
This Billing Project Costs
Total
Project Costs
Certification: I hereby certify that the documen-
tation has been maintained as required to support
the project expenses reported above and is avail-
able for audit upon request.
Administrator/Date
Financial Officer/Date
PBC USE ONLY
County Funding Participation
Total Project Cost
Total project costs to date
County obligation to date
County retainage ( %)
County funds previously disbursed
County funds due this billing
Reviewed and Approved by:
PBC Project Administrator/Date
Department Director/Date
1 OF2
EXHIBIT "D"
Cost Estimate & Pre-Agreement Cost List for
Solomon D. Spady Museum Renovation Phase I Project
General Conditions
Landscape & Irrigation
Driveways & Sidewalks
Fencing
Elevator Tower & Stairs
Interior & Exterior Carpentry
Roofing & Insulation
Doors & Windows
Partitions & Drywall
Flooring
Painting
Cabinets & Counter Tops
Appliances
Window Coverings
Lift
Plumbing
Heating, Ventilation, & Air Conditioning
Fire Sprinklers
Electrical
Construction Manager
Architect
Total
All of the above costs are potentially pre-agreement costs.
$15,525
15,000
22,717
9,600
25,170
12,500
7,470
16,226
20,987
10,000
7,500
4,000
3,000
2,000
17,691
7,896
10,218
10,000
35,000
59,500
18,000
$ 330,000
rlT¥ DF DELRI:I¥ BEI:II:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DE/RAY BEACH
Ali.America City
1993
DATE: April 6, 2000
MEMORANDUM
Writer's D~rect Line 561/243-7091
TO: City Commission
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
Interlocal Agreement Between the City, CRA and Palm Beach County for
Spady House Multi-Cultural Museum Renovation Funding (Funding
Agreement) and Interlocal Agreement Between City and CRA for
Administration (PrQect Administration A~eement)
The Funding Agreement provides monies for the restoration of the Spady House Multi-
Cultural Museum. The agreement provides that the County will pay $100,000 to the CRA
(the City's project manager) for the renovation project. The CRA will provide $230,000 or
more ($150,000 from state grants, $40,000 from the City and $40,000 from the CRA) to
complete the renovation project.
The property is to be used for recreational, cultural, educational, civic, community and
social purposes. The agreement is for 30 years. The renovation must be complete within
three years of execution of the agreement.
The agreement between the City and CRA is for project administration and management of
the renovation of the Spady Museum.
By copy to David Harden, City Manager, our office requests that these agreements be
placed on the City Commission agenda for April 18, 2000.
Ple 11 if you have any questions.
Attachments
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH, FLORIDA
AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT, is made and entered into by and between the CITY OF
DELRAY BEACH, FLORIDA, (the "City") and the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY (the "CRA').
WITNESSETH:
WHEREAS, Florida Statutes Section 163.01 authorizes joint exercise of power or
authority which public agencies have in common and which each might exercise separately; and
WHEREAS, Florida Statutes Section 163.01(5) permits the joint exercise of powers
granted under Chapter 163 upon final 'adoption of an agreement by the governing bodies
involved; and
W~HEREAS, the City has purchased property located at 170 N.W. 5th Avenue, Delray
Beach, Florida (the "Property") for the purpose of leasing to a non-profit corporation, EPOCH
("EPOCH"), who will create a museum called The Solomon D. Spady Multi-Cultural Historic
Museum, herein called "Museum"; and
WHEREAS, the City intends to enter into a lease with EPOCH, for the Property for
thirty (30) years, during which time EPOCH will manage and operate the Museum; and
WHEREAS, the CRA has entered into an agreement with EPOCH to provide
management services for construction of the Museum and for the collection and distribution of
grant funds which will provide the monies necessary to renovate the Property; these activities
herein are called the "Project."
NOW, THEREFORE, in consideration of the premises and mutual covenants
hereinafter contained, the parties do agree as follows:
I. The City and CRA agree that the above recitations are true and correct and are
incorporated herein by reference.
2. The City grants the CRA permission to provide improvements to the Property
including the renovation of the Museum as well as the placement of an historic house on the
property as described in the site plan attached hereto and more fully described as Exhibit "A".
3. The City, upon written request, may inspect all documents pertaining to the
Project, and the CRA shall permit representatives of the City to be present at any time during
project construction.
4. The CRA will obtain all necessary services for the Project, including, but not
limited to, design, bidding, contract preparation, and contract administration in accordance with
all applicable state and local laws and regulations.
5. The CRA will obtain or provide all labor and materials necessary for the
construction of the Project within the budget set forth in Exhibit "B".
6. The CRA will obtain and comply with all necessary permits, approvals, and
authorization required for the construction of the Project from any federal, state, regional, county
or city agency.
7. The CRA shall abide by all applicable terms and conditions of the Interlocal
Agreement between Palm Beach County, the City of Delray Beach, and the Delray Beach
Community Redevelopment Agency for the funding. Palm Beach County shall contribute
$100,000, the CRA $230,000 (consisting of $150,000 in state grant funding, $40,000 from the
2
CRA and $40,000, payable by the City in $20,000 installments in fiscal years 1999 and 2000 for
the renovation of the museum.
8. The CRA and the City agree that no person shall, on the grounds of race, color,
sex, national original, handicap, or religion be excluded from the benefits of, or be subjected to
any form of discrimination under any activity carried out by the performance of this Agreement.
9. By entering into this Interlocal Agreement, the CRA and City represent that each
has full right and lawful authority to enter into and perform this Agreement. The validity,
interpretation, construction, and effect of this Agreement shall be in accordance with and
governed by the laws of the State of Florida. In the event any provision hereof is determined to
be unenforceable or invalid, such enforceability or invalidity shall not affect the remaining
provisions of the Agreement, which shall remain in full force and effect to that extent, this
Agreement is deemed severable.
10. This Agreement, including attachments hereto, constitutes the entire Agreement
between the parties, and shall supersede and replace all prior Agreements or understandings,
written or oral, relating to the matter set forth herein.
11. This Agreement may be amended or modified only by written addendum or
amendment signed by the parties and authorized by their respective elected official.
12. This Agreement shall be effective on the date executed by the City Commission
of the City of Delray Beach and shall remain in force until the CRA completes the contemplated
work as described in the plans and specifications shown in Exhibit "C".
13. This Agreement shall be recorded in the records of the Board of the Community
Redevelopment Agency and in the records of the City.
14. All notices required or allowed by this Agreement shall be delivered in person or
mailed by certified mail, return receipt requested, postage paid to the party upon whom such
notice is noted:
CITY OF DELRAY BEACH:
With a copy to:
CRA
With a copy to:
City Manager
100 N.W. 15t Avenue
Delray Beach, FL 33444
Susan A. Ruby, Esq.
200 N.W. 1st Avenue
Delray Beach, FL 33444
Office of the Executive Director
Delray Beach CRA
24 North Swinton Avenue
Delray Beach, FL 33444
Robert W. Federspiel, Esq.
151 N.W. 1 st Avenue
Delray Beach, FL 33444
IN WITNESS WltEREOF, the parties hereunto have executed this Agreement to the
dates set forth below.
ATTEST:
By:
City Clerk
Approved as to Form and Legal Sufficiency:
CITY OF DELRAY BEACH, FLOR.IDA
By:
Mayor
Date:
Susan A. Ruby, City Attorney
ATTEST:
By:
Secretary
DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Chairman
Approved as to Form and Legal Sufficiency:
Date:
Robert W. Federspiel, CRA Attomey
Exhibit A
Lots 5 and 6 and the North 26.25 feet of Lot 7, Melvin Burds Subdivision of
the North half of Block 19, shown on the Map of Town of Linton (now Delray
Beach), according to the map or plat thereof as recorded in Plat Book 1 I, Page
73 of the Public Records of Palm Beach County, Florida.
Together with
The South 12 feet of Lot 7 and all of Lot 8, Melvin Burds Subdivision of the
North half of Block 19, shown on the map of Town of Linton (now Delray
Beach), according to the map or plat thereof as recorded in Plat Book 11, Page
73 of the Public Records of Palm Beach Count-y, Florida.
Both of the parcels described above are subject to: Easements, reservations and
restrictions of record and all zoning ordinances and regulations imposed by
governmental authorities.
=ROJECT:
ADDRESS:
OATE.
100 GENERAL CONDIT. IONS
rerm~ts
.~nderlngs
environmental studies
final cleamng
equipment rental
misc. expenses
project closeout
SPADY HOUSE
170 NW 5TH ]
El
IBIDS
CONTEACT
AWARDS
900 goo 900 ELIOPOULOS
1195 1195t 1,195 ~ENTEK
1300 13001
4000
1200
CAMILUCCi'
4000
120(
37! t
40(
550~
795
s~gns 375 375
s_u. rvey 400
fence removal t 550 550 Randolph & Dewdney
795
795
kemp fence
oluepnnts I 3000 1,777
temp. toilet I 2~0i 280
temp. utilities I 6001 600
temp. electric
145 145
temp water meter
370 t 370
I 1200 1,200
trash removal
~ermlte
3,000
mtenor demo
5,610
1,200
2,400
t
abatement
II
dumpster
370
FENCE BUILDER
FLORIDA POWER & LIGHT
CITY OF DELRAY I
5,610
clear and grade
1,200
WALL TO WALL
Subtotal I I 21],520 12,917
200 SITEWORK
ILL
300(I
5610
1200
2400i
28520'
14001,
6714
675t
146O3t
500
15000
2534
41426
133801
13380it
7990
3800 I
3800
excavating
sidewalks
parking lot design
driveway
,'.emp gate across drive
stops/stnpes/cu~s
' andscape/irdgation
:e__n..cing - chain link
Subtotal
300 CONCRETE
6,714
AZTEC ABATEMENT, INC.
675 675 ELIOPOULOS
14,603
500 500 FENCE BUILDER
15,000
2,534
13,380
13,380
7,990
7.990
3.800
Subtotal
400 MASONRY
~lock
stucco
kdbourne
Subtotal
allowance
griffin
500 METALS
-admgs
-msc. met. als
Subtotal
3,800
2.534 IFENCE BUILDER
3,709t
13,380 RANDOLPH & DEWDNEY
13,380
woods ~ PLASTICS
iro~ug,Wc~r13e~rY' J t i 25001 J 2.500 J I
hmsh c~rpent~y' .... j t ) 65a0' J 0,soo L.
i mdiwork 3500 3,500 j .....
[subtoa ..... -- '
12500
TOO THERMAL
~nsulatlon 3ooa 3
roofing j 4470 4,470 J 4,470 ALLEN J -"
caulkmg
{Su~to~[._ 7470 7,470 j 4,470 .....
I
e~erior doo~ J 1600 1.600
interior doors 2500 2.500
sliding
~xed gla~s 1200J J 1,200 _
w,n~ows ro~ ~5aoo~ ~ 15.oao J
Subtoal J J 2049SJ ~ Z0,4~5 j j J
900 FINISHES J J
d~all ~ J 2Gg87~ 20,987 20,987 RCB .._
acoustical ceiling , j _ ..
floor/wall tile I ......... ~gaooJ lO,OOO ~
counte~ops ~ - laoo J 1,ooo J ~__
c~met J ~J ~_.
wood/vinyl flaonng J
/
.... 75aai 7,500 7,5oo MO~EIS
pamtmg
Sub'°~'J ' 3~48Z~ I 3~'487 ~ Z8,48' j
~0O0 SPECIALITIES I , .
I
railings
awnings t I J --
gu~e~ J t 1
s(o~ shuttem) I J lSO00J 15,oao
mailbox I J J J
~restoping J t jj
mcke~ fencing j 36a0 3,~00 3,6aa FENCE BUILDER
Subt°~l ~ 18740 t,,740I_ 3'600 _
1100 EQUIPMENT I t I ~ I ~ -.
security J J J 300~ 300j J ._ -
Subtoal ~J ~ 3aojJ 300j ' _
lZOOFIXTU~ES ~ J J~ j J
cabinets ~ J 3O00J J 3,000j J
apphances[.. J 3000 I 3,aaa I J -
s~gnage I~ 5o~- 5ao~ I
I I oaa ,oaoI j _ I
~ubto~i J JJ. 85e0~ 8,5a0 __ j
~ 300 ELEVATORS I, ~ t J ~.. j '
elevatom I J I I j lJ ~
17,691 17,691
Subtotal
1400 M~-C~ANICAL
plum~,ng
hvac
sewer/water exterior
-fir'e s'~3~nklers des,gn
fire sprinklers
.Subtotal
500 ELECTRICAL
electrical
lighting/fans
telephone/commumcations
Subtotal
SUB TOTAL OF ALl= DIVISIONS
Construction Manager
Architect
DIRECTCOST
FOTAL PROJECT COSTS
4896
3agoJ /
,oooo
31391
41,692
17,691
4.896
10.218
3.000
1.000
10,O00
29.114
31,395
31,395
2B0,808
59,500
18.000
358, 308
41,692
400,000 I'
17.691
}THY:SSEN MIAMI ELEV
JLAMANA
4.896
10.218 HARBOR AIR
1,000 tELIOPOULOS
16.114
31,395 LEDBISTTER
31,395 I
131,763
59,500
18,000
209,263 _.-
190, 73 T
400,000
' _ i
EXHIBIT "C"
~J
t' 'cf f ;
;
l
[ITY I]F DEUI Y BEfl[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
~lI,Ammioa O~
1993
DATE:
TO:
FROM:
200 NW lsl AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line: 561/243-7091
April 13, 2000
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Claims from Sewage Backup on April 9, 2000
On April 9, 2000, a sewage backup occurred causing claims for damages. On an
emergency basis, and due to the health risk involved, Gallagher Bassett, the City's Self
Insurance Adjuster paid $35,000.00 on one claim so that the owner could start the
cleanup and repair process.
The Claims review committee has discussed this item and recommends that the
Commission approve the payment.
We would further request that the Commission authorize the Claims Review Committee
to make payment on any other claims that may result from this incident.
Please call if you have any questions.
CCi
David Harden, City Manager
Alison MacGregor Harty, City Clerk
Frank Babin, Risk Manager
[ITY OF DELIIfiY BEfi[H
CITY ATTORNEY'S OFFICE
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
April 11, 2000
City Commis~on~,.y~
Brian Shutt, Assistant City Attorney
SUBJECT: Proposal for Settlement in Beizer v. Brinker, et al.
The City has received a Proposal for Settlement, under the Statute and Rule, in
the case of Beizer versus Brinker et al.. This action arose out of an automobile accident
investigation by the City's Police Department on March 16, 1992. The Plaintiff was
initially given a ticket by a FHP Trooper that investigated the accident. Subsequent to
the Trooper giving the Plaintiff a ticket, a Delray Beach police officer arrived on the
scene after being previously alerted to the accident. The Plaintiff fails to mention the
fact that the accident had already been investigated by the FHP, and since the other
driver was not present at the scene, the City's officer gave the other driver a ticket for a
hit and run. Approximately a week later our officer finds out that the accident was not a
hit and run and files charges with the State Attorney's office as a result of the failure of
the Plaintiff to disclose the prior accident investigation by the FHP Trooper. The
criminal charges were resolved in the Plaintiff's favor. The City originally prevailed
with a summary judgment which was appealed. The trial court's approval of the City's
summary judgment was reversed on appeal. The Plaintiff's complaint alleges malicious
prosecution against the City's Police Officer.
The Proposal for Settlement filed by Plaintiffs' attorney is $3,500.00 inclusive of
fees and costs. At this time, the City Attorney's office recommends rejecting the
Proposal for Settlement.
If you have any questions, please do not hesitate to contact me.
Attachment
CC:
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Memo
From:
Date:
Re:
David Harden - City Manager
Lula Butler - Director, Community Improvement
April 14, 2000
Visions 2010 Steering Committee Appointment
ITEM BEFORE THE COMMISSION:
City Commission at-large appointment to the Steering Committee for the Visions 2010
Planning Retreat.
BACKGROUND:
The Commission appointed two (2) members to the Steering Committee at the regular
meeting of April 4, 2000. They also recommended that a member of the Youth Council be
appointed rounding the Steering Committee to 17 members. At their regular meeting on April
5th, the Youth Council recommended Jim Reidy as their representative with Nick Linder,
President of the Youth Council, as his altemate.
RECOMMENDATION:
We recommend the appointment of Jim Reidy to the sixteen-(16) member Steering
Committee for the Visions 2010 Planning Retreat.
LB:DQ
· Page I
Date: April 14, 2000 Agenda Item No. c~. ,j---.
AGENDA REQUEST
Agenda request to be placed on:
X Regular __ Special
When: April 18, 2000
Description of Agenda Item:
Visions 2010 Steering Committee Appointment
__ Workshop
Consent
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Denial
Department Head Signature:__
City Attomey Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes /No
Funding Altematives:
Account it & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda: ~ / No ~)~J~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
1/17/96
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: 0~CITY MANAGER
SUBJECT: AGENDA ITEM C)./~.. REGULAR MEETING OF APRIL 18, 2000
CONTRACT ADDITION/SHENANDOAH CONSTRUCTION
DATE: APRIL 14, 2000
On March 7, 2000, the City Commission approved a contract award to Shenandoah Constructton for
the cleaning and televising of approxtmately 6,500 linear feet of drainage pipe at various locattons
throughout the City. The contract was for an amount not to exceed $15,000. The work is being done
as part of the 2000 Roadway Bond Program.
As the work has progressed, the contractor has found that the existing drainage systems reqmre far
more extensive cleaning than what was originally anttcipated. Addiuonal funding in an amount not to
exceed $17,000 is needed in order to complete the project. The contractor will perform the additional
work at the same Broward County School Board contract pricing.
Funding ~s available from 448-5470-538-65.46 (Stormwater Utility - NE/NW Area).
Recommend approval of the contract addition with Shenandoah Constructton.
Ref. Agmemol 1.Contract Add. Shenandoah Construclaon.Drainage Pipes
II
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
David T. Harden, City Manager
Randal Krejcarek, P.E., City Engineer p~
14 April 2000
SUBJECT:
2000 Road Bond Program
Cleaning and Televising Drainage Systems
Commission Agenda Item
18 April 2000 Agenda
The attached agenda item is for Commission approval/authorization for the Mayor to
execute a contract addition with Shenandoah Construction for the cleaning and
televising of approximately 6,500 LF of drainage pipe. The locations are throughout the
City of Delray Beach.
This contract addition is an extension of the existing contract Shenandoah has with
Broward County School Board (Bid No. 99-310R) and will not exceed $17,000.00.
The Commission approved the original contract with Shenandoah on 07 March 2000.
But, due to the extensive cleaning required, of the existing drainage systems, additional
monies need to be allocated in order to complete the cleaning and televising. This work
is being done as part of the 2000 Road Bond Program.
Funding is from account # 448-5470-538-65.~.. ~
enc ~
cc: Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
File 2000-047
S:~EngAdmmV~rojects~2000~2000-O4 7~OFFIClAL ~agendamemoO4-18-OO.doc
S ENANDOAH
CONSTRUCTION
1888 N.W. 21st Street
Pompano Beach, FL 33069
(954) 975-0098 Fax: (954) 97~-97[8
PROP# 2169
DATE: 04/I 3/00
SUBMITTED TO: City ot'Delray
ADDRESS 434 g Swinton A~e
CITY, STATE & ZIP: Delray Beach, FL 33444
PHONE. 561-243-7309
FAX: 561-243-7301
,lOB LOCATION: Various Locations
ATTENTION: Scott Solomon
We propose to furnish a hydraulic vactor cleaning track and a telespection truck with crew
and ail rtecessalT equipment to clean and TV drainage pipe. Below prices reflect additional horn's to
previous quote for excessive condition of pipes. This work will be performed at the same Broward
County School Board Contract umt prices of:
High Pressure Jet Flushing
Color V Meo Inspection
$129.00 per hr~
(esr. 100 hr )
$60.00 per hr.
(est. 68 hr)
Estimated Total: $ ] 6,980,00
This proposal may be withdrawn if not accepted within 30 days. Payment terms net 30 days,
AE material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation kom ',~',ove specifications
in,~olving extra costs will be executed only upon written orders, and will become an extra clxarg¢ over
and above tile estimate. All agrceraants contingent upon strikes, accidents or d~lays beyond our
control. Owner to carry fire, tornado agm"~ler necessaD' insm'ance Our workers are fully covered by
SHENANDOAH GENERAL CONSTRUCTION TITLE DATE
Danny Di~ra
ACCEPTANCE OF PROPOSAL / SIGN & RETURN
The above prices, specifications and conditions are satisfactory and ere hereb~ accepled.
You are author,zed to do ~he work as s~ec~fied.
SIGNATURE:
COMPANY NAME: DATE:
RLPRY~SENTATIVE: T[TLE'
Agenda Item No. ~ K
Request to be placed on:
X
Regular Agenda
Special Agenda
Workshop Agenda
Description of item (who, what, where,
AGENDA REQUEST
Date: 14-Apr-00
When: 07-Mar-00
how much): Commission approval/authorization for
Mayor to execute a contract addition with Shenandoah Construction for the cleaning and
televising of approximately 6,500 LF of drainage pipe. This contract addition is an extension of
the existing contract Shenandoah has with Broward County School Board (Bid No. 99-310R)
and will not exceed $17,000.00. This work is being done as part of the 2000 Road Bond
Program. Funding is from account # 448-5470-538-65.44.
ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT A'I-I'ACHED YES/NO
:::: rtrnmmeen:dhaet iai:i: tnaa; u rreec ~~~t~h~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re/(;l~d on all items involving e~(penditure of funds):
Funding available: .EI~O
Funding alternative's''~
' ~ (if applicable)
Account No. & DescdpJion. 448-5470-538-65.~, NE/NW Area Atlantic to Lake Ida
Account Balance
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Ag520.doc
£1TY OF DELRI:I¥ BEI:II:H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELE?HONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
~ll,,Amedca 01
1993
DATE:
TO:
FROM:
MEMORANDUM
April 11, 2000
City Commission ~ -
Brian Shutt, Assistant City Attorney
SUBJECT: Ordinance Providing for Valet Parking Queue Signs
The proposed ordinance will allow the City to place signs designating valet parking
queues as well as allowing the ticketing or removal of vehicles that illegally park in the
spaces.
By copy of this memo to David Harden, our Office requests that this item be placed on
the April 18, 2000, City Commission agenda.
Please call if you have any questions.
Attachment
CC:
David Harden, City Manager
Alison MacGregor Harty, City Clerk
Robert Barcinski, Assistant City Manager
ORDINANCE NO. 10 ~ 00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71,
"PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION
71.022, "PARKING PROHIBITED DURING CERTAIN HOURS ON
CERTAIN STREETS", TO PROVIDE FOR THE USE OF VALET
PARKING QUEUES; PROVDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City regulates parking on the streets within the City by signage
located adjacent to the parking spaces; and
WHEREAS, the City has entered into various agreements allowing the use of
certain parking spaces to be used as valet parking queues; and
WHEREAS, the City wishes to erect signs providing for the location of the
parking queues as well as the hours that they may be used.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Chapter 71, "Parking Regulations", Section 71.022
"Parking Prohibited During Certain Hours on Certain Streets", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS
(A) When signs are erected in each block giving notice thereof, no person
shall park a vehicle between the hours specified in regulations promulgated by the Chief
of Police or other official designated by the Commission.
(B) When signs are erected in each block giving notice thereof, no person
shall stop, stand or park a vehicle between the hours of any day as specified in
regulations promulgated by the Chief of Police or other City official designated by the
Commission, except Sundays and public holidays, within the district or upon any of the
streets described in the regulations.
(C) When signs are erected designating the parking spaces to be used as the
valet parking queue, no person shall park a vehicle in said spaces between the hours
specified on the sign. Ail vehicles shall be removed from the designated valet parking
queues in accordance with the time limits provided on the signs.
Ord. No. 10-00
(D) The City shall have the authority to either issue a parking ticket or
remove the vehicle for violating Subsection C.
Section 2. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 4.
and final reading.
That this ordinance shall be effective upon its passage on second
PASSED AND ADOPTED in regular session on second and f'mal reading on
this the ~ day of ,2000.
Ord. No. 10-00
Friday, April 21. 2000
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