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Agenda Special 02-27-01CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL MEETING & WORKSHOP - FEBRUARY 27, 2001 6:00 P.M. - FIRST FLOOR CONFERENCE ROOM The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. Special Meeting Agenda BID AWARD VEHICLE REPLACEMENT: Approve bid awards for vehicle replacement from the Florida Sheriff Association contract and from the State of Florida contract. Funding is available from 501-3312-591-64.20 (Central Garage/Automotive in the amount of $ 313,490. 2. WEST ATLANTIC AVENUE LANDSCAPE & IRRIGATION IMPROVEMENTS CONTACT: Approve the Maintenance Memorandum of Agreement contract between the State of Florida Department of Transportation and the City for improvements for West Atlantic Avenue between l0n and 12~ Avenues and approving Resolution No. 19-01. 3. MARCH WORKSHOP: Consider holding the March workshop on Tuesday, March 13, 2001. Workshop Agenda 1_ Growth Management Study Commission - Thaddeus Cohen 2-- Adantic Grove Developers Presentation 3-- Review Solid Waste Bid Package 4_ Atlantic Avenue & George Bush Boulevard Bridge Rehab Updates 5-- Parking Lift Presentation 6. Commission Comments 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. CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL MEETING & WORKSHOP - FEBRUARY 27, 2001 6:00 P.M. - FIRST FLOOR CONFERENCE ROOM AGENDA ADDENDUM THE SPECIAL AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: PURCHASE AWARD/SCIENTIFIC DIMENSIONS COMPANY: Approve a purchase award for in-car printers for the Police Department's road patrol vehicles to Scientific Dimensions Company in the amount of $37,686.04. Funding is available from 334-6111- 519-64.29 (1998 COPS MORE Grant). 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. FEBRUARY 27, 2001 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the First Floor Conference Room at 6:00 p.m. on Tuesday, February 27, 2001. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Also present were City Manager David T. Harden and City Attorney Susan A. Ruby. Mayor Schmidt called the special meeting to order and announced that it had been called for the purpose of considering the following items: BID AWARD VEHICLE REPLACEMENT: Approve bid awards for vehicle replacement from the Florida Sheriff Association contract and from the State of Florida contract. Funding is available from 501-3312-591-64.20 (Central Garage/Automotive in the amount of $313,490. Mr. Schwartz moved to approve the bid award for vehicle replacement in the amount of $313,490.00, seconded by Ms. McCarthy. 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. 2. WEST ATLANTIC AVENUE LANDSCAPE & IRRIGATION IMPROVEMENTS: Approve the Maintenance Memorandum of Agreement contract between the State of Florida Department of Transportation and the City for improvement for West Atlantic Avenue between 10 and 12 Avenues and approving Resolution No. 19-01. Mrs. Archer moved to approve the Maintenance Memorandum of Agreement contract between the Florida Department of Transportation and the City and Resolution No. 19- 01, 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 3. MARCH WORKSHOP: Consider holding the March workshop on Tuesday, March 12, 2001. After discussion it was the consensus of the City Commission to move the March workshop to Tuesday, March 13, 2001 at 6:00 p.m. in the First Floor Conference Room at City Hall and hold a Special meeting on Wednesday, March 14, 2001 at 5:00 p.m. in the City Manager's Conference Room to canvass the returns and declare the results of the March 13, 2001 Special Election. 4. PURCHASE AWARD/SCIENTIFIC DIMENSIONS COMPANY: Approve a purchase award for in-car printers for the Police Department's road patrol vehicles to Scientific Dimensions Company in the amount of $37,686.01. Funding is available form 334-6111-519-64.20 (1998 COPS MORE Grant). David Junghans, Administrative Services Director explained to the Commission that staff looked at several different in-car printers and they believe that this printer will best meet the overall needs of the department. He also stated that the cost of $37,686.01 did not include the installation. Installation costs should be around $50 per printer. Mr. Schwartz moved to approve the purchase award for in-car printers to Scientific Dimension Company in the amount of $37,686.01, seconded by Mr. Perlman. 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. There being no further business, Mayor Schmidt adjourned the special meeting at 6:10 p.m. at which time the regularly scheduled workshop was convened. Acting City Clerk 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 City Commission Special Meeting held on February 27, minutes were formally approved and adopted by the City Commission on Acting City Clerk 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. [IT¥ I)F DELRI3¥ BER[H DELRAY BEACH AII-AmeficaCity 1993 FROM: DATE: 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000 MEMORANDUM David T. Harden, City Manager Fe obert A. Barcinski, Assistant City Manager bruary 23, 2001 SUBJECT: CONSENT AGENDA ITEM # CITY COMMISSION MEETING FEBRUARY 27, 2001 BID AWARD - REPLACEMENT VEHICLES Action City Commission is requested to approve bid awards for replacement of City vehicles per staff recommendation. Background City vehicle replacements are requested on an annual basis due to age, mileage, repair costs, or a combination of the above. Attachment "A" is a list of the vehicles being recommended for replacement this year. Recommendation Staff recommends various bid awards from Florida Sheriff Association Contract, as specified in Attachment "B", from the State of Florida Contract, as specified in Attachment "C", and from a local bid "Attachment D". These unit costs include various options and extended warranties on all vehicles. Not included are some option items that we will acquire from other vendors not available on these contracts. The total of the recommended purchases is $313,490. Additional vehicles will be proposed for replacement at future meetings based on final approval of the proposed replacement list "Attachment A". Funding is available from the FY 00-01 budget in City Garage Account #501-3312-591-64.20 in the amount of $538,627. Attachments c: Bill Darfy Flie:u:sweeney/agenda DocBid Award Replacement Veh 2001 agenda Printed o~ Recycled Paper THE EFFORT ALWAYS MATTERS City of Delray Beach Proposed Vehicle Replacement Listing FY 00-01 Attachment "A" Line Department Year Current # Vehicle # Assigned Vehicle Make Model Old Vehicle Description Mfg M~leage 1 653 Streets Department Ford F-350 1 ton Cab and Chassis 1992 36,907 2 926'~F_ii~b~p_a~rne?_t _~ ~-i~te~rna_t_ionai-~h_e~vy-re~s_cue__~H_e~vy Re~(~u-e- _- - 1`~)9~- 3 39_8 Cod_e Enforcement _Ford E_s_co_rt _ __S_u_b Comp~a_ct_4 Door 1991 55,308 4 738 Tennis Center Cushman Haulster Utlhty Gol_f Cart _ _ __1~9_93___ _ - ,5 737-~a-~:h Patr~¥- Kawasaki 400 4X4 4X4 ATV 1997 6 1709 Pohce D-3 Ford Crown V~ctoria 4 Door Sedan 1997 95,980 7 1707 Pohce D-3 Ford Crown V~ctoria 4 Door Sedan 1997 82,985 8 9104-EMS Ford-:l'~rus - -~ Door Sedan 1991 1~3~(~6~ 9 2b?~ Hous,n_g -_R_~___hab _ iChe_v¥ _Lum,na _ 2 Door_ 1992~ 1 10 469 Water/Sewer Ford Aerostar _ Cargo Mmivan '1-98~~ 11~,~5~ 11 1306-P(~ii_~-e-lnv_~.~_t_-~?_b~n~ '-__F~r_d~a_urus_ ..... 4 Door_S__e_d_a_n ._ _ 19_9_3_ !_09_,_043 12 13_0_3_Police_ l~vesti_g_a_ !i0?__~F?_ r_d- B_ro?? _4X4 __ La_r__g_e _Uti~lity 4x_4 2_ dr_ _199~3__ _'100,_3~_9_ 13,- 705 ..... Parks Maintenance GMC SL2500 .... 3_/_4__t_on Util_ it_y T_r_k_ _ 1990 95,000 14 1217 Police D1 Ford Taurus 4 Door Sedan 1992 97,877 16 453 Sew_age T~reatment GMC S-_1.__5 J~m_m_y _SUV 4X2 _19_86_ _87,35:~ 17 443 Liftstabon Maint. Ford F-250 3/4 ton U_tilit_y Trk 1_989 _87,_100~ 18 8711 -Fire'iSreven~i-~ --La~ge 0til~ty-4X4 4 d~ -3/4 ton Utihty 4X4 4dr 1987 89,750 19 723 Parks Maintenance Asplundh Chipper 1987 20 9201 Fire Admin/Su~pp(~ FOrd (~rown V~ctoria 4 Do~r Sedan - 1992- ~30~,9~ ~1 - 1307_P_oh~-!n_ve~tigat!-_o_n_ _ Fo~'_(:l _'rau_~ru-~-~ _4_Do?r S~dan _ 1_99_3-- __8~,5~ 22_ 1214_P0h_ce I~nve_stl_g_ati_on_Fo_rd_Tauru_s 4 Door Sedan 1992 81,232 23_ 221_ Utili~ B,ll!n__g_ _ _Ch_e?y__S-1,0_ _ _ ~_C__o_-mpact_??ckJUP ..... 1~91_--7_3,_0~_-1_- 24 1216 Police D-1 Ford Taurus 4 Door Sedan 1992 77,200 25 447 Liftstabon Maint Ford F-250 _ 3/4 to_n_U_til_ity Trk 1989 64,406 26 387 Co_de En_fo.r~e_ment Ford Es_c__o~ ...... S_u__b Com~pa_c! 4_ Doo_r~ _ 1991 67,756 27 9{11 Fire Prevention #ord Taurus 4 Door Sedan 1991 63,566 28 9-10~ F~ire Prev~-t~(~ --F--ord~T-a~J~'us ...... ~,-~)~r S~ - 1`9-~1 61~8-6~ ~9 ~3~3 ~'ar~s-Mai~t~r~ance -~.~e Tr~-tor~, 3~b-B fr~;tor .... 1,~90-1114~1r~ 30 65~ Streets Department Ford F-350 Cont. dump 1 ton Cont dump 1989 65,321 31 383 Code Enforcement Ford Tempo Compact4 Door 1992 60,919 32 44~ Liftstat,~on I~ai~i- G_-MC-25-~) 15~ck-Up _374 Ton Pic_k-Up !~)90 50,??_~ 33 9110 Fire Prevention Ford Taurus 4 Door Sedan 1991 57,964 34 1705 Police D-1 -- - Ford C--r~)wnVictoria ........ 4 Door Sedan 1~97-- ~8,70(~: 35 39~5_Building In_s?e_c!~on ___F:or_d Es~co?__ Sub Compact 4 Door 1991 40,539 36 744 Ocean Rescue Suburban 4X4 La_rge Uti!i~?x4 1~87- 95,000 3'7 70~, C~eme~e~y .... Ford F~3-50~C-~n~- Dump 1Ton Cont. Dump 1{)§7~ 43,335 38 400 Environmental Serv. Ford Tempo Compact4 Door 1992 32,231 39 1213 Police Investigation Ford Taurus 4 Door Sedan 1992 68,528 40 1710 Police D-3 Ford Crown Victoria-- -~,-D~(~r Sedan - 1~9~97- 84,~5~ 41_ __776_Par_k_s/_Rec?_dmi_n .... ~Che~_ Cor~si_c~a ~ _4__Do__o_r Se~da~n 1991 82,516 42 1708 Police D-2 Ford Crown Victoria 4 Door Sedan 1997 76,538 43 1706 Police D-1 Ford Crown Victoria 4 Door Sedan 1997 75,921 44 7-Parks Maintenance -T-o~o Gr~d~-~t~r .... Frt d~c~-~ower -- - 1~8--9- .... 45 11 Parks Maintenance Toro Ground Master Frt deck mower 1993 46 483 Liftstation Uaint 6~-KW-~-an ~e-n-erator - 6~5 K~W ~n-~rator -1~)'7-~- .... ~0 4~ 4~-Li~sta-ti~ M~int~ ...... 30-1~-Gen~rator ...... 30~K~V Generat~r - ;1~1 48 - ~,~9-Lifl~ta~f(~ Mai~-t- - 30 KW Onan Generator -3--0 ~W G~nera~or -1-97--4 - -4g- ;Fl'~--P-ar-ks~M~inte-nan~ce Ford Van -- - F' ul]-~ize pass V~n- 1-~- 8~,27~0 50 451 Liftstation Maint Ford F-250 -~4~-~J~h~yTrk_ _ 1989 71,000 51 416 Water Distribution Case Backhoe, ~80K- Combination 1989 2930Hrs 52- -479 Wastewater Case Backhoe, 580K - Combinahon - 1989 3400Hrs 1st draft. City of Delray Beach Proposed Vehicle Replacement Listing FY 00-01 Attachment "B" Florida Sheriffs Contract Line # ' Vendor 7 Duval Ford 9, Garber Chevrolet 12i Duval Ford 15;Garber Chevrolet 34 i Dural Ford 36' Hdl Kelly Dodge 40 Duval Ford 42 Duval Ford 43 Duval Ford Year !Make 2001, Ford 2001, Chevy 2001 Ford 2001 Chevy 2001 Ford 2001 Dodge 2001 Ford 2001 Ford 2001 Ford i Model New Vehicle Description Commodmty # IPohce Interceptor 4 Door Sedan FSA Spec #1 Cavaher Compact 4 door ;FSA Spec #5 Pohce Interceptor 4 Door Sedan i FSA Spec #1 Cavalier , Compact 4 door , FSA Spec #5 Pohce Interceptor '4 Door Sedan FSA Spec #1 Dakota Ext Cab 4X4 ,Ext Cab 4X4 P~ck-Up FSA Spec #14 i Pohce Interceptor 4 Door Sedan FSA Spec #1 Pohce Interceptor 4 Door Sedan FS^ Spec #1 Pohce Interceptor 4 Door Sedan FSA Spec #1 L~ne Item ! Cost ~Total Cost 24,855 ~4,855 12,234 37,089 24,855 61,944 12,234 74,178 24,855 99,033 19,679 118,712 24,855 143,567 24,855 ~81422 24,855, 193,27~ City of Delray Beach Proposed Vehicle Replacement Listing FY 00-01 Attachment "C" State of Florida Vehicle Contract L~ne # ' Vendor 101Maroone Dodge 161Maroone Dodge 18iDuval Ford 29, Bnggs Equipment 44 Hector turf 45 Hector turf Year !Make Model , New Vehicle Description 2001 ' Dodge Ram Van j Carge Van 2001 Dodge Ram Van I Carge Van 2001 Ford Excursion 'Large Utility 3/4 ton 4X4 2001 Case C90 Tractor Tractor 2001 Toro 325D Recycler Lawn Mower 2001 Toro 325D Recycler ,Lawn Mower : Line Item ITotal Cost Commodity # !Cost 070-300-401 16,968! 76,968 ; 070-300-401 15,578, 32,54~ i 070-344-422 30,4:25 62,971 1765-90-0600 24,401 87,37:2 ,515-63-0001 13,696 ~01,068 1515-63-0001 13,696 114,764 City of Delray Beach Proposed Vehicle Replacement Listing FY 00-01 Attachment "D" Local Bids L~ne # Vendor 51 Power Sports Year i Make Model New Vehicle Descnpbon 2001 Yamaha Kodiak 4X4 ATV 4X4 ATV ,Commodity # Low Bid,3 quotes L~ne Item Cost 5,449 Total Cost 5,449 Request to be placed on: Regular Agenda Vffhen: February 27, AGENDA REQUEST 2001 Special Agenda Description of agenda item (who, what, where, how much): to approve b±d awards for replacement of C±ty Agenda Item No: Workshop Agenda City Commission is requested vehicles per staff recommendation. ORDINANCE/RESOLUTION REQUIRED YES/NO Recommendation: Approval. Draf~ Attached: YES/NO Department Head Signature: Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Availa~TO Funding altemati'v'~-~. (~ Description: Account No. & Account Balance:~ ~ ~, (0;20 City Manager Review: HAPo~J°uV;t ~ :f°r agenda: (~/NO~ Agenda Coordinator Review: Received: Action: Approved/Disapproved (if applicable) [ITY OF DELRI:I¥ BEI:IgH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's Direct Line 561/243-7091 MEMORANDUM February 22, 2001 David Harden, City Manager Susan A. Ruby, City Attorney Keep Palm Beach Beautiful - Maintenance Memorandum of Agreement for Landscaping and Irrigation Improvements for West Atlantic Avenue Between 10th and 12th Avenues Enclosed for City Commission approval is a Maintenance Memorandum of Agreement for landscaping and irrigation improvements for West Atlantic Avenue, along with Resolution No. 19-01 which confirms the City Commission's authorization to enter into the Agreement. I have reviewed the Agreement and find it legally sufficient as to form. Please place the Agreement and Resolution on the February 27, 2001 City Commission ienda. SAR:ci Attachment CCi Barbara Garito, Deputy City Clerk Nancy Davila, Horticulturist Joe Weldon, Director of Parks and Recreation Dick Hasko, Director of Environmental Services RESOLUTION NO. 19-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM OF AGREEMENT FOR IMPROVEMENTS TO WEST ATLANTIC AVENUE BETWEEN 10TH AND 12TH AVENUES AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, the City of Delray Beach, Florida desires to approve the, "Keep Palm Beach Beautiful" Grant and the Maintenance Memorandum of Agreement for certain landscaping, irrigation and related improvements on West Atlantic Avenue; and, WHEREAS, that the City authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach authorizes the entry into the Maintenance Memorandum of Agreement o DSF - REIMB Palm Beach MPO, 2000/2001 between the City and the Florida Department of Transportation (FDOT) and authorizes the execution thereof. Section 2. That the recitals set forth above are incorporated as if fully set forth herein. PASSED AND ADOPTED in regular session on this the day of ,2001. ATTEST: MAYOR City Clerk DELRAY BEACH CO~*I ~lO N ITY REDEVELOPr~IENT AGENCY February 20, 2001 Mrs. Susan Ruby City Attorney City of Delray Beach 200 NW 1st Avenue Delray Beach, FL 33444 Re: Keep Palm Beach County Beautiful (2000-2001) - Maintenance Memorandum of Agreement for State Road 806, Atlantic Avenue Dear Susan: Please find attached the above referenced agreements for the continuation of West Atlantic Beautification approved for the 2000-2001 cycle. This grant is for landscaping and irrigation improvements for West Atlantic Avenue between 10~ and 12th Avenues. When the grant application submission was approved last year, the City Commission was advised that if approved, the City would be required to sign the grant agreement. Please execute the documents and forward them to Carl Higgins at the DOT with a copy to the CRA to my attention. Thank you for your assistance with this document. Should you have any questions, please contact me at 276-8640 extension 207. Please also note that the new CRA address is 104 W. Atlantic Avenue, Delray Beach, FL 33444. Sincerely, Consultant to the CRA /mst Enclosure CC: Randal Krejcarek David Harden Carl Higgins FEB 2 I 2001 24 North Sw~nton Avenue , Delray Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 Florida Department of Transportation JEB BUSH DISTRICT MAINTENANCE - DISTRICT 4. THOMAS F. BARRY, JR. SECRETARY GOVERNOR 3400 Wear Cormnerelal Boulevard. Fort Lauderdale, Florida 33309-3421 Telepkone: (954) 777-4200 Fax: (954) 777-422.3 February 8, 2001 Ms. Michelle S. Treadwell Consultant City of Delray Beach 24 North Swinton Ave)aue Delray Beach, FI~,,//~ Dear Ms' ~EIyfl/ri' / RE: Miintenanee Memorandums of Agreement for State Road 806; Keep Palm Beach County Beautiful, Inc for 2000/2001 funding Your Grant request for subject area has been approved for fimding during the fiscal year 2000/2001 cycle. Enclosed are the Maintenance Memorandums of Agreement that need to be executed by the City and returned to me for execution by the Department. Upon execution by the Department one copy will be returned to you for the City's ~ecords along with a Notice to Proceed. Should you have any questions, please call me at (954) 777-4219. Thank you. Cgl/andscape Architect CB H/c Enclosure www.dot.st, ate fl us ~ RECYCLED PAPER DISTRICT FOUR (4) HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT DSF-REIMB CONTRACT NUMBER Palm Beach MPO 2000/2001 THIS AGREEMENT, made and entered into this day of_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the CITY OF DELRAY BEACH a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY". WITNESSETH WHEREAS, as part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a six (6) lane highway facility as described in Exhibit "A" attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facility that contains landscape medians and areas outside the travel way to the right of way line, excluding sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary replanting; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in plans and specifications included as Exhibit "B", with if any, the following exceptions and conditions: A. The current Florida of Department of Transportation Roadway and Traffic Design Standard index 546 must be adhered to, B. Clear zone/horizontal clearance as specified in the Plans Preparation Manual - Metric Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets in Exhibit D, C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs, D. If irrigation is to be installed, the Department shall be provided accurate as built plans of the system so if in the future there is a need for the Department to perform work in the area, the system can be accommodated as much as possible, E. If it becomes necessary to provide utilities to the median or side areas (water/electricity) it shall be the AGENCY'S responsibility to obtain a permit for such work though the local maintenance office F. During the installation of the project and future maintenance operations, maintenance of traffic shall be in accordance with the 1988 edition of the MUTCD and the current Department Roadway and Traffic Design Standards (series 600), G. The AGENCY shall provide the local maintenance office located at 7900 Forest Hill Boulevard,West Palm Beach,F133413, a twenty-four (24) hour access telephone number and the name of a responsible person that the department may contact, H. If there is a need to restrict the normal flow of traffic it shall be done on off peak hours (9AM to 3PM), I .The AGENCY shall be responsible to clear all utilities, including the signal system communication cable,within the project limits J. The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to the start of the project, The AGENCY agrees to maintain the landscaping and irrigation (if applicable) within the median and areas outside the travel way to the right of way line, excluding sidewalk and crosswalks, unless constructed with other than concrete or asphalt at the AGENCY'S request, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the Department's landscape safety and plant care guidelines. The AGENCY's responsibility for maintenance shall include all landscape/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median, crosswalks, and areas outside the travel way to the right-of-way line on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep the header curbs that contain the hardscape in optimum condition. To maintain also means to keep litter removed from the median and areas outside the travel way of the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding payment reduction, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. If at any time after the AGENCY has assumed the landscaping installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Complete the installation or part thereof, with Department or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b) Maintain the landscaping or a part thereof, with Department or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by Department or private contractor's personnel, all of the landscaping installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping/hardscapeafter which time the Department may remove the same and any mitigation required for remaining landscape/hardscape shall be the responsibility of the AGENCY. o The Department agrees to reimburse the AGENCY an amount not to exceedS30,000 , as defined in Attachment "C". Subject to this limit, the Department will pay only for the following costs: 3 (a) Sprinkler/irrigation system (b) Plant materials and fertilizers/soil amendments. (c) Paver bricks, header curbs & other hardscape items. The Department's participationin the project cost, as described in Attachment"C" is limited to only those items which are directly related to this project. Payment shall not be made until (1) certification of acceptance is received from the AGENCY's Landscape Architect/or designee and (2) a Department Landscape Architect and/or his designee has approved the project for final payment. (a) Payment shall be made only after receipt and approval of goods and services as provided in Section 215.42, Florida Statutes. (b) Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. (c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, and bills for travel expenses specifically authorized by this Agreement, if any, shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (d) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the AGENCY's general accounting records, together with supporting documents and records, of the contractor and all subcontractors performing work, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. (e) The AGENCY agrees to return all monies received under the terms of this Agreement, to the Department, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 6. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. (b) By the Department, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, 4 10. 11. Florida Statutes and made or received by the AGENCY in conjunction with this Agreement. The term of this Agreement commences upon execution. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY's negligent performance of the work under this Agreement, or due to the failure of the AGENCY to construct or maintain the project in conformance with the standards described in Section 2 of this agreement. The AGENCY may construct additional landscaping within the limits of the right-of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. (b) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscaping installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the AGENCY resulting from the installation of landscaping added under this item. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding I year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year. 5 12. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 13. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event ora conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Mayor or Chairman District Secretary Attest: (SEAL) Attest: .(SEAL) City Clerk Executive Secretary Legal Approval Legal Approval 6 SECTION NO. FIN NO.(s): COUNTY: S.R. NO.: 93030 _41090515801 Palm Beach 806 EXHIBIT "A" PROJECT LOCATION State Road 806 (West Atlantic Avenue) blocks 1000-1200 - north and south sides 7 SECTION NO.: FIN NO.(s): COUNTY: S.R. NO..' 93030 41090515801 Palm Beach 8O6 EXHIBIT "B" The Department agrees to reimburse the AGENCY for the installation of the project as reflected in the plans attached hereto and incorporated herein. 8 SECTION N0:93030 FIN NO.(s): 41090515801 County : Palm Beach S.R. NO.: 806 ATTACHMENT "C" (GENERAL) PROJECT COST This Exhibit forms an integral part of the Highway Beautification Grant Agreement between the State of Florida, Department of Transportation and the AGENCY. Dated I. PROJECT COST: $60,000.00 Department of Transportation City of Delary Beach $ 30,000.00 30.000.00 TOTAL $60,000.00 C ~WP~MIN~DSF REI (rewsmn 07/10/95) 9 DELRA~ Delray Beach .Police Department 300 Wost Atlantic A¥onuo Dolra¥ Boach, Flod0a 33444-36@5 (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: FROM: DATE: David T. Harden City Manager David Junghan~' Administrative Sei~s February 27, 2001 Director SUBJECT: C0MMISSION AGENDA Enclosed is a copy of the Department's Agenda Request for the purchase of in- car printers for the Department road patrol vehicles. The printers are being purchased with funding from the 1998 COPS MORE Grant. The printers are a requirement of that grant and will give officers in the field the ability to print law enforcement documents from the vehicles. The purchase of the pdnters will be from the Scientific Dimensions Company and are sole source to that company; a copy of the sole source justification is enclosed. The Department has looked at several different in-car printers, and we believe that this pdnter will best meet the overall needs of the Department. The total cost of this project is $37,686.04, and is funded from account 334-6111- 519-64.29. This price includes the printer, in-car adapters, battery, mount and all misc. parts and cabling for the installation of the pdnters in the vehicles. This price does not include the cost of the installation, which will be done by another vender, Perry Telecom. Should you or any member of your staff have any questions, call me at extension 7852. DJ/ CC: Major J.L. Schroeder, Police Department Captain Ralph J. Phillips, Police Department AGENDA ITEM NUMBER: AGE,, NDA REQUEST Request to be placed on: ~ Consent Agenda ~ Special Agenda When: February 27, 2001 Description of agenda item:. In-car printers for the Police Department vehicles. Date: February 27,2001 Workshop Agenda These pdnters will be mounted inside the vehicles and work in conjunction with the laptop computers already in the vehicles. This combined system will give the officers the ability to print reports and other law enforcement documents in the field. These printers are funded from a Federal Grant, the COPS MORE Grant which expires on 2/28/01. The total cost of the printers, adapters, mounts, necessary cabling and misc. equipment is $37,686.04. The pdnters are a sole source purchase through the Scientific Dimensions Company. ORDINANCEIRESOLUTION REQUIRED: YES Draft of resolution Attached: YES __ NO ,, ~ NO Recommendation: Approve Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on 41 items involv!ng ,expenditure of funds): Funding available: ~ ?'t~~N 0 Funding a~ternatives: Account Number' 334-6111-519-64.29, Project Code 99032 Account Description: Laptops COPS MORE Grant Account Balance: $47,072.50 City Manager Review: Approved for agend~~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # - - Page 1 of 31 FLORIDA' $ GROWTH MANAGEMENT STUDY COMMISSION FINAL DRAFT REPORT AND RECOMMENDATIONS EXECUTIVE SUMMARY The intent of each of these items is to set in motion a step-by-step proems for the development of detailed building blocks of a new, stronger, more effective growth management program. The Commission believes that such a new program can be put in place successfully only after the key components described below have been fully developed through the legislative and agency rule making process. Pending the completion of work on development and adoption of the elements highlighted below, it is the intent of the Commission that the growth management process currently in place remain fully in effect. The Commission recommends that the 2001 Legislature consider the following: 1. Revise the ~ State Comprehensive Plan ;Lc, u:~ Lc, rc, v~z,~ to more clearly establish a primary vision statement for Florida with a healthy vibrant and sustainable economy as its priority. [See Recommendation 1] 2. Develop a uniform a methodology for reviewing the costs and benefits of local land use decisions. [See Recommendations 2-11 ] 3. Focus the State's review of local comprehensive plan amendments on those that implicate compelling State interests as designated by State agencies and reviewed and approved by the Legislature. [See Recommendations 4244] Design and implemen~regionaI cooperation agreements for developments with extra- jurisdictional impacts to eventually eliminate the DRI process. [See Recommendations 50-58] 5. Require that each local government adopt a financially feasible public school facilities element to reflect the integration of school board facilities, work programs, and the future land use element and capitol improvement programs of the local government. [See Recommendations 64-67] 6. Authorize ~ incentives for an effective urban revitalization policy, including dedicated sources of revenues for "fix-it-first" backlog of infrastructure needs in targeted infill areas. [See Recommendations 68-69] 7. Developmem of an incentive based state rural policy which restores rural land values and protects .- private property rights, including dedication of additional revenue for public purchase of conservation and agricultural easements and a special overlay of transferable density allocations for rural property http ://www. floridagrowth.org/2Post/FinalDraffReportEdits2.htm ~r,~b ~//0! '~' '~'')' / 02/1412001 Page 2 of to be used for the implementation of cluster development in appropriate locations. [See Recommendations 82-89] INTRODUCTION Governor/Ieb Bush created the Growth Management Study Commission on July 3, 2000, pursuant to Executive Order Number 2000-196, appointing twenty three (23) voting members, including its Chairman, and three (3) non-voting ex-officio members. These individuals originated fi.om a variety of backgrounds and experiences, reflecting the diversity of Florida. An Executive Director and an Administrative Assistant served as full time staffto the Commission. The staffofthe Department of Community Affairs, the Department of Environmental Protection, the Department of Transportation, the Governor s Office, the Office of the Chairman of orange County Government, and other State Agencies provided support and consultation. In addition, J. Mac Holladay of Market Street Services provided facilitation for the Commission. Governor Bush created the Commission to address the fact that, although the processes established by the existing growth management laws were well intended, the quality ofgrowth has not met expectations, the strains on infrastructure have been only marginally reduced and, in essence, a more complicated, more costly process has been established which does not provide the expected corresponding benefits. And, given that Florida's population is expected to increase by 50 percent fi.om 16 million to 23 million over the next three decades, with commensurate impacts to the State's natural resources and public infi.astrueture, Governor Bush determined that Florida's growth management system should be reviewed in order to assure that the system meets the needs of a diverse and growing State and to make adjustments as necessary based on the experience of implementing the current system. THE WORK OF THE COMMISSION Pursuant to the Executive Order, the Commission held its first meeting on August 9, 2000, and held subsequent meetings in eight different cities around the State (Orlando, Tampa, Pensacola, Tallahassee, Miami, West Palm Beach, Fort Myers and Jacksonville), providing an opportunity for the public to participate. The Commission heard fi.om over 130 members of the public, various experts, professionals and interest groups, and received in excess of 300 written comments and suggestions. The Commission also reviewed summaries of surveys and regional forums previously conducted by the Department of Community Affairs, and the growth management efforts ofother states. To ensure maximum access to the public of the Commission s schedule and progress, the Commission created and maintained a Web-site at www.FlofidaGrowth, org., which was updated regularly with meeting notices, agendas, minutes, summaries and outlines of presentations made to the Commission. The Web-site also contained background information on Commission members, a chronological listing of materials provided to the Commission by the public, and photographs of Commission meetings. In addition, the public was able to communicate with the Commission through the Commission's own E-mail address, toll flee telephone line, and through the Executive Director. To assist the Commission in its work, the Chairman, Mol Martinez, established and appointed the http:/Aw.vw.floridagrowth.org/2Post/FinalDmflReportEdits2.hun 02/14/2001 Page 3 of 31 following subcommittee working groups comprised of Commission members that met, considered, and provided recommendations to the full Commission on their assigned subject areas: State, Regional and Local.. Roles - Chair: Paul Bradshaw; Vice Chair: Lisa Carlton; Members: Chris COIT, Sergio Rodrigucz, and Steve Seib~rt InfTastmcture - Chair: Paula Dockery, Vice Chair: Fred Leonhardt; Members: Susan Pareigis, Linda Pellegrini, and David Struhs Gitizen Involvement - Chair: Allison DeFoor; Vice Chair: Judie Budnick; Members: Tom Barry, Pat Blackshear and Barry Rutenberg Rural Policy - Chair: J.D. Alexander; Vice Chair: Charles Lee; Members: Robert Crawford, Allan Egbert and John Manning Urban Revitalization - Chair: Nancy Graham; Vice Chair: Thaddeus Cohen; Members: Paula DeLaney, James T. Jim Hargrett, Jr. and Alberta Hipps The Chairman assigned each subcommittee specific questions that were derived fi.om the Executive Order and designed to address the topics outlined therein. The subcommittees met individually, heard from various professionals, experts, interested parties and members of the public, deliberated and made specific recommendations to the full Commission. The texts of the subcommittee repons may be obtained fi.om the Department of Community Affairs. Both through the subcommittees, and as a full body, the Commission considered related trends and conditions affecting the environment, economy, and quality of life in Florida. In addition, the Commission reviewed the background and history of growth management in Florida and considered the input provided by many citizens, experts, professionals and interest groups. At, er engaging in a deliberative process with much spirited debate, the Commission determined that the time was ripe for bold change in Florida. TIME FOR BOLD CHANGE This Commission believes that it is the State s highest priority to achieve a diverse, healthy, vibrant and sustainable economy. By promoting ~ climate which provides economic stability, maximizes job opportunities and increases income for its work force, Florida will be in the best fiscal position to address the other major challenges ofour State which are education, infi.astrueture, the environment, public safety and social services. Our proposed reforms for growth management have been guided by this principle. For more than 25 years, Florida has tried various legislative approaches to address the stresses of our State s rapid growth. These efforts resulted in a mandate to create a vertically integrated, state, regional and local comprehensive planning system. As a result of landmark legislation passed 15 years ago, all 472 local governments in Florida have adopted comprehensive plans that attempt to address the community s current and future plans for land use, natural resource protection and provision of infrasffucture. These mandates ~ raised the http://www.floridagrowth.org/2Post/FinalDmftReportEdits2.htm 02/14/2001 Page 4 of~l minimum bar for plmning efforts in this State, and have produced some significant positive results. Yet, these prior efforts have fallen short of our collective aspirations and some requirements, such as traffic concurrency, had unintended negative effects. We agree with the assessment in the Executive Order establishing this Commission, that although the processes established by these laws are well intended, the quality of growth has not met our expectations, the strains on infrastructure have been only marginally reduced and, in essence we have created a more complicated, more costly process without the expected corresponding benefits. Traffic congestion, school overcrowding, loss of natural resources, decline of urban areas and conversion of lands without adequate infi'asm~cture are, despite our laws, growing problems throughout the State. There is a tendency to equate new development as the only ~ause of growth related pwblems, rather than to recognize that new development is a free market way of accommodating the demands of out State's rapid population and economic growth. We cannot continue to erroneously conclude that techniques that target only the effects (development) will somehow change the root cause (population growth), and that a regulatory framework applied on a project-by-project level, will be more effective that a broad and innovative incentive based approach, coupled with new sources of revenues. This is one reason why the concurrency model has failed to meet our needs. Although information presented to the Commission demonstrates some successes in our current system, we can and must do a better job of managing our growth than we have in the past. We have reviewed our progress, evaluated the successes and disappointments of our current efforts, those of other states and our own local governments and attempted to adapt and evolve them into a program for the new century. Florida's population growth remains one of the highest in the nation. According to the latest census data, approximately 16 million people currently live in the State. That number is expected to increase by more than 6 million over the next 25 years, and by 8 million in the next 30. Our elderly population is expected to grow at an even faster rate and to comprise over 25% of Florida's residents by the year 2025. While our school age population is expected to be a smaller percentage of the total population by 2025 than at present, the number of school age children will still expand tremendously over that time period, and is projected to increase sharply around 2020 as the baby boom echo generation's children reach school age. All of the favorable attributes that Florida possesses will assure that population growth will continue at a rate exceeding most of the country, primarily due to in- migration. Seasonal population changes and tourism create enormous spikes in demands on communi _ty services and facilities. Our economic success and technological progress is likely to increase the demand for housing choices in the future, and our suggested changes acknowledge the fundamental principles of personal choice and property fights. No system should be immune fi.om change and our growth management systems is m,e no exception. A realistic look at the results of our past efforts, combined with the imperative of still rapid population growth, demand that we seek to improve upon our past efforts at growth management. Local governments and their citizens must have the tools and the assistance to accommodate these changes while retaining or regaining their sense of community. Improved processes are only part of the future. Technology has created tools for better governmental decision-making that are both remarkable and easily accessible. Data on population composition and growth, economic forecasting, computer-based resource mapping, and visual graphics, among others, are all new tools which allow communities to visualize and measure the impact of alternative growth proposals. Not only do these tools bring a remarkable wealth ofinformafion to the fingertips of local government decision makers, http:l/www.floridagrowth.org/2Post/FinalDraffReportEdits2.htm 02/14/2001 Page 5 of 31 but they also make the information much more access~le to citizens who wish to participate in the While technology has changed thc way we live and work, people are the essence of a community. The current system relies too heavily on litigation to resolve disputes between citizens, and between citizens and their governments. We must create and take advantage of opportunities for earlier citizen participation in a community's planning if we are to build the neces~ consensus to make healthy and liveable communities. In addition, many local governments have sophisticated planning staffs and have already produced innovative and creative solutions to local problems. However, these same governments have chafed under the rote requirements of the current law and found their time and money diverted to achieve compliance with requirements which have had little positive impact on their local planning efforts. While complex mandates may have been necessary to bring us to this point in our local planning efforts, it is time to turn our attention to achieving quality planning resulting in liveable communities. We believe in order to reach this goal, the State must refocus its efforts on a more incentive based approach to planning and a more effective regulatory program targeted on limited, critical State issues while shifting its primary role from a regulator to a parmer of local government. Likewise, local governments must be given the tools and economic incentives to bring their plans to the level of quality and accountability that the citizens of Florida seek. Local plans should be adaptive and evolutionary in nature, allowing a diversity in neighborhood design, responsive to our population's changing needs and desires. Although a liveable community does not consist solely of good roads, water, sewer and bandwidth capacity, these amenities are basic to our health and quality of life. Infrastructure planning and funding is one of the glaring deficiencies in our current planning system. The current system envisioned infrastructure keeping pace with population growth ~ but our roads and schools, in particular, are increasingly over-burdened. Our growth management systems do not fully integrate with school planning and have never attempted to include planning for the critical government services of police and fire protection, much less forecast the need for operation and maintenance of infrastructure. By failing to address the true costs of population growth de,~,~qm,m~, both past and proposed, we continue to borrow against future revenues, while the quality of life in our communities slowly dissipates. As we respond to new growth and address our existing infrastructure deficits, communities must evaluate their choices in a fiscally responsible manner. International commerce is the largest and fastest growing segment of Florida's economy. An interconnected, efficient Statewide transportation system is the essential component for Florida's seaports and airports to provide for the timely and cost effective movement of goods .and passengers. The more efficient this movement, the more competitive Florida is in the global marketplace: the more competitive, the greater the creation of jobs and economic opportuni _ry. _yielding a _mowing. healthy economy. We do have a great opportunity to make a real difference in the livability of our communities for all citizens. It will take more disciplined use of our dollars and prioritizing of activities, both state and local. If we are to succeed, to keep a thriving economy and preserve the precious natural resources and communities that we have, we must engage the creative and collaborative efforts of many more of the residents of our communities. Real change is within our grasp if we have the courage to realistically face our challenges together. http://www.floridagrowth.org/2Post/FinalDraftRepoREAits2.hlm 02/14/2001 Page 6 of 31 Accordingly, the Commission recommends the proposals set forth herein to the Governor and the Legislature for adoption and implementation. A LIVEABLE FLORIDA FOR TODAY AND TOMORROW I. Preparing Florida for the New Economy A. Where we are today. Under Florida's Growth Management Act, each local government is required to provide for adequate facilities to support growth de~n)gm(~. If facilities are not available, concun'ency requires that new development to accommodate growth must be denied. Local governments are required to adopt level of service standards for application of concurrency to six types of public facilities: potable water, sanitary sewer, drainage, parks, solid waste, and transportation. School concurrency is an option available for local governments. The infrastructure planning and management system has three parts. First, comprehensive plans are to match future land uses with public facility plans designed to accommodate the anticipated growth at acceptable levels of service. Five-year capital improvements plans are to forecast the demand for public facilities, identify and schedule necessary improvements, and support the improvements with available fimding. Second, a financially feasible capital improvement schedule which assures that level of service standards will be achieved and maintained is to be adopted and updated annually. Third, the regulatory application of concurrency occurs through the local government's concurrency management system at the time of permitting. If capacity is not available, development is not to proceed. Several special exceptions have been adopted to transportation concurrency to allow greater flexibility in urban infill and redevelopment areas. By the time these requirements were put into place, infrastructure backlogs throughout Florida were dauntingly large and the State did not create new financial resources to address these backlogs. Sources of revenue to address these deficiencies were inadequate then and remain so today. Additionally, Florida's progress has increased our per capita demand for infrastructure. In spite of existing policies, today many local governments have not adequately addressed, particularly in the area of schools and transportation facilities, their infrastructure demands. For many reasons, at both the State and local level, revenues have not been allocated to meet the infrastructure requirements of a burgeoning population. Despite the requirements of current law, there still does not exist a good linkage between future land use plans, and infrastructure planning and budgeting. Concun'ency is ,-as ;;'~.I:, an inadequate tool for managing growth. The fundamental flaw of concurrency is the presumption that population growth can somehow be controlled by the regulation of land ti iti proj by-proj t b i .... ,---+;=,. - .... ~r--, -,- .... '- '--" .... At development ac v es on a ect- ee as s ........ ~, ,- t.--.t~-. ..... ~, ...... best, it keeps a problem with overburdened infrastructure fi.om becoming exacerbated in one location while encoura~ng growth in other areas with excess capacity as measured by adopted level of service indexes. Over time, this system creates two unintended results, sprawl (as new residents and therefore new development seeks locations without infrastructure deficiencies_) and ultimately the restriction of supply of new development to accommodate population growth, which may drive up costs. Nothing in our em,ee~ system adequately addresses the long-term operation and maintenance costs of existing substandard infrastructure. http://www.floridagrowth.org/2Post/FinalDm-fiReportEdits2 him 02/14/2001 , . Page 7 of 31 While traffic concurrency has some appropriate flexibility, the exemptions are cumbersome to implement, thus discouraging development in urbanized areas where communities might realize economies of scale for other infrastructure and other benefits of thriving urban areas. Concurrency is ly- ':-:---' ....... also required for on ............. ~.f certain types ofinfrastruc~e and it ~ ~ does not. apply to many government services which ---"' ~. r~.q~.~ ..., .... ar.__~e impacted by population growth ;~:~.k .... '-'-- "-- ---~ -'~- ............ ='--- School concurrency is so difficult to implement that ~,~ few local governmen~ ~ have yet successfully done so. Our local land use decisions around the state must be better informed by the knowledge of all relevant capital costs, operation and maintenance expenses, and the available revenues to support them. The future health of our economy as a State and of the livability of our communities depends on whether we realistically address these needs. To ignore them continually borrows against the future. The proposals that follow are intended to shine a light on the fiscal impacts of our land use decisions in a way that is easily understood by decision-makers and the citizens they serve. This new light will be uncomfortable at times, but not only should it force some difficult decisions on revenue sources and allocation, but it should also force some realism into the cost side of the equation. It is not intended to push all the costs of building our infrastructure on new development because we acknowledge the deficits we are experiencing today are community wide responsibilities which should not be pushed unfairly onto new housing. To enable us to address the backlog in infrastructure, we suggest increased flexibility in local revenue sources and targeting of State aid to local governments. The revenues to support the costs of new development is a local decision, but one that must identify the necessary resources to meet the expenses generated at the time new development is approved. B. Where we need to go. Florida may already be the most livable state in our nation. Its' natural beauty and comfortable climate make it an ideal landscape in which to live, work and play. Our goal is to keep it that way. Keeping Florida Florida does not mean that we should be promoting policies that would restrict its' inevitable growth, or that we should try to hold Florida back from reaching its' full potential. Quite the contrary. We believe in Florida. It has every natural advantage that makes it more than reasonably possible that it can always be the same wonderful place, to raise a family, to start a new business, to retire, that it is today. We need to mindfully protect Florida's most compelling natural assets while proactively promoting the development of strategic and civic infrastructure. To do so, we need to be smarter and more focused in our growth management goals. The policies described in this section attempt to define a process for a more effective statewide growth management policy that: - Encourages the development of strategic infrastructure; - Ensures that new growth "pays for itself;" http://www.floridagrowth.org/2Post/FinalDraflReportEdits2.htm 02/14/2001 Page 8 of'3.1 - Identifies the current infrastructure deficit and promotes measures to address the backlog; - Links_ policies for urban revitalization and rural economic development with community planning, regional cooperation and infrastructure development strategies; and, - Prepares Florida for the new economy and promotes high quality of life. As a starting point to implementing the recommendations that follow, the Commission recommends that the Legislature clarify Florida's "New Economy" Vision in the State Comprehensive Plan. Recommendation 1: The Commission recommends that Chapter 187, F.S., be revised by replacing it with a vision for the State of Florida to read as follows: "The State of Florida's highest priority is to achieve a diverse, healthy, vibrant and sustainable economy and quality of life which protects our natural resources and protects private property fights. By promoting an economic climate which provides economic stability, maximizes job opportunities and increases income for its work force, Florida will be in the best position to address the other major challenges of our State which are education, infrastructure, the environment, public safety, ~ social services and affordable housing." The Commission acknowledges in making this recommendation that the State's policies for growth management and land use planning must support the State's vision statement recommended for Chapter 187. We also acknowledge the Governor's and the Legislature's efforts and progress over the past two years to integrate our State's planning and budgeting processes, and to allocate resources based on clearly identified priorities. C. Growth Management A+ Taking the lead fi.om Governor Bush who called on the Commission to seek "bold change," the commission has developed a framework for a new statewide initiative to be known as "Growth Management A+ (GMA)." Growth Management A+ is conceptualized as a new growth management program that seeks to define new policies that reach the following objectives: - ~ Informed decision-making and accountability by local government vis-d-vis the measurement of the costs and impacts, balanced against the revenues and benefits, brought on by new growth and development. - A ~ simplified and localized process to allow for greater input and participation by citizens. - Refinement of the State's role in the growth management process to allow for more focused and efficient protection of the State's interests. - Provide incentives for :c.w-----.~. patterns of growth that enhance livability, revitalize urban areas and promote rural economic development. GMA+ provides incentives for local governments to adopt a reporting standard that measures the http ://www.floridagrowth.org/2Post/Fi nalDraffReportEdits2 .him 02/14/2001 , · Page 9 of 31 financial costs and impacts of planning decisions compared to the financial revenues and benefits of the same. The concept is envisioned as a decision-making "balance sheet" to assist local governments balance the income vs. expense consequences of its' planning decisions. The Department of Community Affairs, with Commission oversight, should develop, as part of the balance sheet report, a local report to monitor, at least annually, the cumulative impact of local planning decisions. The State will review the rqmrt on an annual basis and assign a performance score based on how well the local government manages its' decisions in order to finance new growth. Incentives, linked to the performance score, will include financial grants and streamlined permittm' g for community improvement and infrastructure pwjects. In order to ensure successful long term life and implementation of the program, FDCA will lead the development of alternative models and oversee the implementation of field tests. Following the development of a uniform methodology and successful field testing, the program will be implemented on a statewide basis. o Guidelines for Implementation 1. Develop a Uniform Model for Evaluating the True Cost of New Development. Recommendation 2: The quality and efficiency of growth in Florida could benefit greatly by the adoption of a uniform fiscal impact analysis tool to assist local governments in determining the full costs and benefits of new development. The tool, to be known as the "balanced growth-balance sheet model" (the "model"), should be designed to produce and apply better data to guide the planning and decision-making process. The Commission recommends that the Legislature establish a 15-member Growth Management A+ Commission ("GMA+ Commission) to oversee the development of the model composed of five members each appointed by the Governor, Senate President and House Speaker. The model should constitute a tool, not an automatic threshold for approval or denial. Recommendation 3: The model should be capable of estimating the operating and capital expenses and revenues for new development based on the type, scale and location of various land uses. Costs should include those associated with impacts directly resulting fi.om new development relating to school facilities and transportation facilities. Costs may also include, and should be limited to, other infrastructure as currently required by concurrency (water, sewer, stormwater and solid waste) and also including telecommunications. Revenues should include all revenues attributable to the new development including impact fees, optional local taxes, ad valorem taxes, gas taxes, sales taxes, and any other taxes and fees generated by the new development. Recommendation 4: ~ The model should be developed with capabilities of estimating the economic impacts and benefits (in addition to revenues and costs) that may be attributed to new development including, but not limited to: economic output, gross state or local product, increased labor income, new community services and new employment. Recommendation 5: The model should identify any infrastructure deficit or backlog and should only be applied prospectively. Developers should only be responsible for costs attributed to impacts of their own defined development project and should not be responsible, in any event, for any infrastructure backlog that is the responsibility of the state or local government. Recommendation 6: The model should apply to all public and private projects and all land use http ://www. floridagrowth.org/2Post/FinalDrafhReportEdits2.htm 02/14/2001 Page 10 of'31 categories. Recommendation 7: The Commission recommends that the Legislature require the Department of Community Affairs (DCA) to develop the uniform model under the direction of the GMA+ Commission. Once approved by the GM.A+ Commission, DCA shall adopt the model by role. The rule, together with a final report providing a detailed explanation and support for all aspects of the methodology established by the rule, shall be transmitted to the Governor, Senate President and the House Speaker within 30 days after adoption, but no later than January 1, 2003. The rule should only become effective upon review and approval, with or without amendments, by the Legislature. 2. Field Test and Ref'me the Model. Recommendation 8: The Commission further recommends that upon approval of the model by the Legislature, the Legislature shall direct DCA to implement demonstration projects, funded by the State, in at least six regionally diverse local jurisdictions to field test and evaluate the technical validity and practical usefulness of the model. The local demonstration projects should be initiated within 30 days following authorization by the Legislature. Data, findings and feedback fi.om the field tests should be presented to the GMA+ Commission by a~ a date certain, but no later than ~ to six months following the initiation of the program. Based on the feedback provided by the DCA and the local government panner, the GMA+ Commission may require adjustments and modifications to the model and require additional field-testing. 3. Implement the New Program Statewide. Recommendation 9: Within 60 days of completion of the field tests, as detem'dned by the GMA+ Commission, the GMA+ Commission will transmit a report to the Governor, Senate President and House Speaker detailing the results of the field tests and a final recommendation for statewide implementation. Recommendation 10: The GMA+ Commission's final recommendation to the Legislature for statewide implementation should include measures for repealing existing growth management laws and policies (i.e. concurrency), that may no longer be relevant or effective, upon the adoption of the GMA+ program by law. 4. Identify Funding Options for Future Growth. Recommendation 11: Upon implementation of the model statewide and the availability of adequate funding fi'om whatever source needed to address the infi'astmeture backlog, local governments shall be responsible for funding for infrastructure to support their development decisions unless the impacts are created by the state which would then be responsible to properly address and ameliorate this impact. As such, local governments should be given greater flexibility to provide suer funding. The following options are recommended for review and consideration by the appropriate legislative committees: - Local governments shall have the flexibility to choose multiple local option sales surtaxes. - Counties that pass local option taxes for the provision of infrastructure may be financially rewarded. - Consider increasing the Documentary Stamp Tax through a Real Estate Transfer Fee to generate http://www.florida~owth.org/2Post/FinalDm-qReponEdits2-htm 02/14/2001 . Page 11 of 31 fun& to be ..for -,~;ff, ',c .-~,~--~ ~-,~i/,~ infrastructure - Redirect portions of Intangible Tax C to be used for infi'astru~ projects ~,,...~.:.,ff.--:--- :,,- 5. Identify Fnnding Options to Address the Infrastrncture Deficit (backlog). Recommendation 12: The Commission recognizes the current infrastructure deficit statewide and believes that new development should not pay for past infrastructure deficits. The Commission recommends that the Legislature consider new funding mechanisms for infrastructure and schools required to accelerate the reduction of the backlog. Broad based local option funding is the preferred method of funding the existing infrastructure deficit. Recommendation 13: The Commission recognizes and applauds the passage ofthe Mobility 2000 transportation package by the 2000 Legislature that advances or directly funds more than $6 billion in transportation projects over the next 10 years. The Commission recommends that the Legislature continue to evaluate and enhance the Mobility 2000 program, as well as other transportation programs, that may further accelerate and expand the Department of Transportation's work program and other transportation projects that enhance Florida's economic competitiveness including: airports, seaports and high speed rail. Recommendation 14: The Commission recognizes and applauds the passage of the Classrooms First education facilities package by the 1997 Legislature. As of December 2000, there was $2 billion available to local school districts for school construction but only $571 million had been distributed to the districts. The Commission recommends that the Legislature review the efficiency and effectiveness of the Classrooms First program to determine whether the success of its' implementation has been limited by unnecessarily complex and bureaucratic restrictions. D. lncentivize Infrastructure Development Encouragement Areas (IDEAS) Recommendation 15: The Commission recommends that local government identify projects and areas that it wishes to incentivize and promote. These should include projects that utilize i,t~lttde community development best-practices (i.e. sustainable communities, environmental preservation measures, smart growth concepts), urban redevelopment districts, rural economic development areas, areas of critical economic concern, areas in which local governments and Regional Planning Councils have entered into regional cooperation agreements and projects that enhance Florida's economic competitiveness. Qualified projects may be identified as an IDEA District and should qualify for State funding and exemptions fi'om certain regulatory requirements. The Legislature should direct DCA to develop a number of incentives to encourage and reward IDEA projects. Recommendation 16: IDEA Projects may include specific geographic areas as defined or amended by local government. These ar_~_ s will be reviewed in a 3 to 5 _year cycle for possible size expansion. These areas may be single or multiple areas within a local government jurisdiction. Recommendation 17: The Commission recommends that the Legislature direct DCA to develop a suggested criteria for IDEA projects for approval by the GMA+ Commission. Upon approval by the GMA+ Commission, DCA should implement and administer the IDEA program and suggest any statutory amendments or new funding sources, that implementation may require, to the Governor and the Legislature. http ://www. floridagrowth.org/2Post/FinalDraftReportEdits2 .htm 02/14/2001 Page 12 ot'31 Recommendation 18: Incentives for local governments and developers that undertake qualified IDEA projects should include: - Fast-track permitting. - Flexibility in standards to assist development. - ~ Redirection of state resources projects and/or areas to enhance and further promote the development. - Removal of referendum and super majority requirements of local option taxes. - State financial participation and priority in infrastructure development. - Exemption from the DRI program. - Modified statutory restrictions on local option surtaxes (emphasis on tourist development related). - Targeted state, regional and local grant and low interest loan programs such as Community Development Block Grants, transportation, infrastructure, utility, emergency management, affordable housing, educational, and other grant/loan program. - Waiver or reduction in development fees including: permit, license, inspection, impact and utility connection fees. - Mortgage assistance and home improvement assistance programs that encourage long term occupancy through debt reduction programs. Recommendation 19: Following successful field-testing and implementation of the balanced growth- balance sheet model, DCA should develop a method to utilize the model as a "report card" that rewards local governments with a grade (A+) based on how well they are balancing priorities and encouraging development in IDEA Districts. The incentive-score methodology should be presented to, and approved by, the Growth Management A+ Commission prior to its' implementation by DCA. II. Enhancing Citizen Involvement A community's comprehensive plan is the embodiment ofthe consensus of the residents, outlining the future form of the community and the steps the community will undertake to achieve that desired outcome. Therefore, the full and informed participation of citizens is crucial to successful~ developmenti~tg and implementation ofing the plan. To help increase the number of participants and the quality of participation in the growth management process, the process should achieve, at a minimum, the following goals: work from the bottom up, be transparent, and allow and encourage citizens to participate earlier in the process. The judicial review process of development orders has created confusion and inequities and therefore the Commission rogommendations address these issues as well. Recommendation 20: Local governments shall provide greater opportunities for citizen involvement in the local planning process and in land use decisions. http://www.floridagrowth.org/2Post/FinalDraftReportEdits2.htm 02114/2001 · . Page 13 of 31 Recommendation 21: Citizens shah be afforded greater opportunity to participate in their community's planning efforts through enhanced public notice requirements, availability of any true full cost accounting information, citizen involvement plans, use of the Internet and community visioning. Each development proposal of a threshold or type established by the local government shall articulate what their citizen involvement plan would be. Recommendation 22: Standing ns an "Affected Person," ns identified in Section 163.3184(1Xa), F.S., to bring a compliance challenge should include abutting property owners. Section 163.3184(1)(a), F.S., should be amended to read ns follows: "Affected person" includes the affected local government; persons owning property, residing, or owning or operating a business within the boundaries of the local government whose plan is the subject ofthe review; owners of real property abutting real property which is the subject of a proposed change to a future land use map; and adjoining local governments that can demonstrate that the plan or plan amendment will directly produce substantial impacts on the increased need for publicly funded infrastructure or substantial impacts to areas designated for protection or special treatment within their jurisdiction. Each person other than an adjoining local government, in order to qualify under this definition, shall also have submitted oral or written comments, recommendations, or objections to the local government during the period of time beginning with the transmittal hearing for the plan or plan amendment and ending with the adoption of the plan or plan amendment. "Affected person" will also include other local governments ns identified in the appropriate regional cooperation agreements. Recommendation 23: Citizens have 30 days following the local government's adoption of the plan amendment to file a petition with the local government and the Division of Administrative Hearings. The local government shall forward the petition to the Regional Planning Council for mediation or other forms of conflict resolution. If the mediation or other forms of conflict resolution is unsuccessful, the Division of Administrative Hearings will assign the case and schedule for hearing. A. Establish Local Priorities through Visioning Recommendation 24: The Department of Community Affairs shall help ~ local governments to engage in a visioning process by providing technical assistance. The Department of Education and local school boards should be involved in the visioning process. This process would articulate a vision for the future and include a graphic representation for the future physical appearances, land use patterns and qualities of the community. To improve the quality of the visioning process, local governments must reach out to the citizens in the community and encourage participation in the visioning process. The vision document should outline how local, regional, and state resources will be maintained and protected. The local vision shall guide the comprehensive plan, land development regulations, and capital improvements plan and ensure these instruments move the community toward its vision for the future. Additionally, the vision should articulate for citizens how and why amendments to the community's plan or plan amendments will move the community toward its vision. Each local government would be free to design its own vision for the future without state or regional oversight. The local vision should be proposed ns an amendment to the comprehensive plan ns appropriate. B. Use Technology to Improve Access and Notice http://www.floridagrowth.org/2Post/FinalDraflReportEdits2-htm 02/14/2001 Page 14 of~l Recommendation 25: Local governments are strongly encouraged to use new technology such as the Internet to provide information about a project. C. Provide Earlier Notice to Provide More Meaningful Involvement Recommendation 26: For those local governments that choose to adopt a special master process (see Recommendations 31 and 32), include the following. Require public notice at application or within 15 days of application, to be user fi'iendly. Local governments should modify formal public hearing notices so they clearly identify in plain languagevan4 the nature of the amendments or applications under consideration. Place conspicuous signs on-site. These signs shall be consistent with local sign ordinances. The signs shall advise an interested party on how to get a copy of the full cost accounting, if applicable. This requirement shall apply to all applications for development orders and site-specific future land use map amendments requiring a public heating. Specifically, notice shall be-by publication and shall be ~ mailed notice to other property owners as required by law. ~ _-_.., ........ , ..... :.,_ ,~._ t:.,:__ _~- __ _,:__.:__ ~.__ ., .... , ...... pc.;c;d: -- ~- '~.:'cd. ~-" - ' ~" "' ':" The notice must tell people the dates of public healings, and contact information for the appropriate governmental department, how to initiate the quasi-judicial process and the time frames for doing so. Local governments should explore additional forms of notice beyond traditional legal notices in local newspapers. These include putting notices on utility bills and approaching church groups, civic groups, civic organizations, and community centers. The initiator of the amendment must bear the cost. '- Local governments should be encouraged to develop citizen involvement plans which articulate how citizens will be made aware of the growth management process and how to participate in the process. The Department of Community Affairs should develop technical assistance documents that detail how to conduct successful, ongoing citizen involvement processes. Included as part of this technical assistance should be guidelines for developing and implementing a system to measure citizen satisfaction with the planning process and whether they view the process as furthering the established common community outcomes. - Local governments will encourage applicants for a development order to involve citizen groups and surrounding owners to allow for information and to express any concerns regarding the project. Recommendation 27: ~ The Department of Community Affairs should take the lead to develop best management practices (BMP's) to increase citizen involvement in the growth management process and articulate how the community wi]] achieve its participation goals throughout the planning and development review processes. These BMP s shall: - Encourage governments to use plain language in all notices. - Encourage governments to develop citizen involvement plans. - Recommend additional forms of notice beyond traditional legal notices in the local newspaper. D. Create a More Equitable Process of Judicial Review Recommendation 28: Amend the Florida Statutes to allow for the quick dismissal of Strategic Lawsuits Against Public Participation CSLAPP") suits and non-meritorious suits against developers. http ://www. floridagrowth.org/2Post/FinalDraftReportEdits2.htm 02/14/2001 · . Page 15 of 31 Recommendation 29: There should be a uniform proceeding to address challenges to a development order's consistency with the comprehensive plan and challenges to a development order s consistency with the land development regulations. Recommendation 30: Combining plan and regulation consistency challenges for development orders into the one new action is not intended to abolish the right to seek other declaratory relief, including declarations of unconstitutionality, in independent and separate actions as allowed by current law. Recommendation 31: Local governments should be encouraged to establish a special master process to address quasi-judicial proceedings associated with development order challenges. Recommendation 32: Local governments would establish the special master process by adoption of a local ordinance, which would include the following minimum provisions: a. notice by publication and by mailed notice to other property owners as required by law simultaneous with the filing of application for development permit, as defined by s. 163.3164. The notice must delineate that aggrieved or adversely affected persons have the right to request a quasi- judicial hearing and include a provision as to how to initiate the quasi-judicial process and the time frames for doing so. Once a local official (i.e., planning director) has recommended approval, appwval with conditions, or denial and the report is issued, any aggrieved or adversely affected party would have a specified number of days to request a special master. The request for a special master need not be a full-blown petition or complaint. The local government shall include an opportunity for an alternative dispute resolution process and may include a stay of the formal hearing for this purpose; b. an opportunity to participate in the process for an aggrieved or adversely affected party which provides a reasonable time to prepare and present a case; c. an opportunity for reasonable discovery prior to a quasi-judicial hearing; d. a hearing before an independent special master who shall be an attorney with at least five years experience and who shall, at conclusion of the hearing, recommend written findings of fact and conclusions of law; e. at the hearing all parties shall have the opportunity to respond, present evidence and argument on all issues involved that are directly related to the development order and to conduct cross- examination and submit rebuttal evidence; f. the standard of review applied by the special master shall be in accordance with Florida law; and g. a hearing before the local government which shall be bound by the special master's findings of fact unless the findings of fact were not based on competent substantial evidence. The governing body may modify conclusions of law. Provided, however, that the governing body shall be authorized to correct a misinterpretation of the local government's comprehensive plan or land development regulations without regard to whether the misinterpretation is labeled as a finding of fact or a conclusion of law. h. no ex parle communication relating to the merits ofthe matter under review shall be made to the http://www.floridagrowth.org/2Post/FinalDraflReportEdits2.htm 02/14/200 Page 16 of'31 special master. No ex parte communication relating the merits of the matter under review shall be made to the governing body after a time to be established by the local ordinance, but no later than receipt of the recommended order by the governing body. Recommendation 33: Upon adoption of the ordinance with the minimum provisions for a special master process, there would be a review at the Circuit Court level of final action of any development order. The Commission received compelling testimony on two distinct types of review regarding citizen appeal challenges to development orders and plan amendment approvals. It heard the advant__ages and disadvantages of de novo (gives citizens the right to raise new issues not considered during testimony before elected officials) and certiorari (appeals would only be heard on the record created before elected officials - no additional information could be considered) reviews. The Legislature should consider these differences and make its determination concerning the appropriate type of review. Recommendation 34: The special master process would be paid for through a reasonable surcharge on all development permits or in another manner determined by a local government. Recommendation 35: The standard of review and burden of proof will be in accordance with Florida law. Recommendation 36: A local government may elect to not use the Special Master Process. However, a new statutory cause of action would be made available (i.e., petitioner would choose either de novo or cert review). In the event there is more than one petition, the Court shall be encouraged to consolidate the cases. Additionally, if there is more than one petition and one of the petitioners elects de novo review, all petitions will be subject to de novo review. A petitioner will have 30 days fi.om the rendition of the development order alsys to file for either de novo or cert. review. The burden of proof would be in accordance with Florida law, and discovery would be handled using the Florida Rules of Civil Procedure. Persons would be allowed to seek Chapter 86, F.$., relief to the extent currently available. Recommendation 37: Any petitioner that elects de novo review would waive all objections to the adequacy of the hearing before the local government. Recommendation 38: Regardless of whether a local government used the Special Master Process, the verified complaint provisions of 163.3215, F.$., would be deleted and the time schedule in 163.3215 (4) would be revised to make clear that a challenger has a certain amount of time fi.om the date of the rendition of the local decision, in accordance with the Florida rules of court to file an action in circuit court for the appropriate review, as provided by statute. Recommendation 39: Regardless of whether a local government used the Special Master Process, a petitioner may join as part of the same action a claim or complaint for injunctive relief which the circuit court may hear and grant as part of its certiorari review. Recommendation 40: The provisions of section 163.3215(1) should be amended as follows: Any aggrieved or adversely affected party may maintain an action for declaratory and injunctive or other relief against any local government to reverse any decision of local government regarding an application for or to prevent such local government fi.om taking any action on a development order, http ://www. floridagrowth.org/2Post/FinalDraffReportEdits2.htm 02/14/2001 Page 17 of 31 as defined in s. 153.3164, which materially alter the use or density or intensity ofuse on a particular piece of property that is not consistent with the comprehensive plan or land development regulation adopted under this part. Recommendation 41: A developer/applicant shall have the same remedies available to challenge the consistency of a development order with the comprehensive plan as a third party and shall be a party to any action filed by a third party against a development order. III. Redefining the Role of the Government in the Growth Management Process Since 1985, the State has taken a strong top down approach to growth management. In the last 15 years, the State, regions, local governments, citizens, and the development community have learned a great deal through the practice of managing growth and responding to evolving issues. Regulations have changed to better address our critical needs and new innovative planning techniques have evolved. However, during these years of maturing, many of our practices remain the same. If you analogize the State s current role to that of a parent, it is time to recognize that through experience and maturity, our communities have grown up. The State s role with its local governments must change to one of a partner and co-worker rather than a parent. In order to address new and evolving problems identified in managing our growth, we have layered new programs and processes upon the old throughout the years. Meanwhile the State has held on to each process without regard for what we have learned. The result has been a process-heavy approach rather than a result-oriented system. The State reviews thousands upon thousands of actions of the local governments, with few found not in compliance with current law. Local governments are constrained by laws and rules which make it difficult to implement innovative planning techniques. Developers are subject to duplicative layers of review. Citizens are hampered by technical jargon, confusing processes, and a system that makes it a daunting and often an expensive proposition to try to make a difference in their community s future. Although it is difficult to quantify, our current system of growth management has helped to protect the State during a time of tremendous growth. However, no one denies that we could do much better. It is time to update the tools we provide our citizens and local governments to meet the changing needs of the 21st century. And it is time to refocus state government on those issues which are the State's responsibility -- interests that are of a critical and compelling nature to the State as a whole and its citizens. The Commission recommends that the State's role in growth management be focused on a limited number of compelling State interests. These interests should be clearly identified and defined, and should meet the test of being of statewide interest and being best addressed by State involvement. The purpose of such designation should be to concentrate the available resources of the State upon protection and management of these resources so as to improve the State s ability consistently cause a better outcome in all decisions related to these designated resources. By focusing on those things that are of the greatest importance to Florida as a whole, State government can ~ better protect these interests. In addition, this refocus will provide State government with more opportunities to provide meaningful technical assistance and to act as partners in making a difference in our communities. Citizens and local govemments should be provided with the tools to shape their future. Citizens must become a more integral part of this effort and reforms are needed to allow that to happen. Local http://www, floridagrowth.org/2Post/FinalDraftReportEclits2.htm 02/14/2001 Page 18 of 31 governments need the flexibility to focus on creating communities that provide a safe, healthy, prosperous environment for our families. Local governments should work cooperatively to enhance their larger community interests. Communities have the potential to take actions and make decisions that can positively, or negatively affect their neighbors. To this end, the Commission recommends that each Regional Planning Council eR.PC) develop a regional cooperation agreement to address greater than local issues resulting from local government development approvals. These agreements would replace the Development of Regional Impact program of 1972. State issues relating to large developments would be addressed through the regulatory process or as a result of State involvement when a compelling State interest exists. By turning to the RPC's to develop the regional cooperation agreements, we avoid some of the problems of the earlier reforms which required agreements between each local government - an effort that proved too daunting to accomplish. Requiring agreements at the regional level allows for some level of consistency within regions, while also allowing for each agreement to reflect the unique needs of the regional community and its environment. P, PCs DCA should serve in a coordination role between ~ local governments and with State agencies as needed. The Commission recommends that ~ DCA receive comprehensive plan amendments from the local governments fc.r rc. glc. zal rc.-'i;'-' and for the transmittal of amendments that affect compelling State interests to the State agencies. Such ~ review at '&.; r;glc, r. al Ic,;'c.l would facilitate discussion on issues such as affordable housing, transportation, bandwidth capacity, intergovernmental coordination, waste disposal, siting of locally undesirable land uses, and other shared problems, opportunities and interests. Local governments and their citizens should have the ability to resolve disagreements amicably and with little cost. Local and inter-local dispute resolution should occur at the regional level, through the RPC s. A. Focus State Resources and Responsibility on Areas of Compelling Interest to the State In considering the proper role of the State, the Commission s primary concern was to focus the roles of both the State and the Department of Community Affairs in a manner that freely targets areas of compelling State interest and is more streamlined and efficient. Recommendation 42: The Commission believes that the State's regulatory oversight of local comprehensive planning is too broad and, therefore, threatens the State's effectiveness in focusing on priorities of compelling statewide interest. The Commission recommends that the role of the State become more focused and streamlined to include only those areas that are truly compelling and of a statewide interest. State interests are identified as those interests that are: a) compelling; b) ora state interest; c) directly implicated by a land use decision; d) not adequately protected by other regulatory regimes; and, e) not better addressed by other levels of government. Recommendation 43: Each compelling state interest shall be identified and delineated by the designated lead agency in accordance with criteria, which shall include the protection of private property rights, established by the Legislature. The State's review of local comprehensive plan amendments shall be limited to these state interests: - Natural resources of statewide significance. http://www.floridagrowth.org/2Post/FinalDraftReponEdits2.htm 02/14/2001 · . Page ! 9 of 31 - Transportation facilities ofstatewide significance. - Natural disastem preparedness to reduce risks to life, property and state and federal post-disaster expenditures. The Legislature should identify an appropriate lead agency or agencies for each compelling state interest and should require each lead agency to prepare supporting materials, which may include maps where appropriate, as necessary to identify and delineate the compelling state interests within its jurisdiction. In developing criteria for the identification and delineation of natural resources of statewide significance, the Legislature should consider the application of the best available, accurate and objective scientific information relative to: - Wildlife corridors; - Biological diversity (including, but not limited to, threatened and endangered species and underrepresented significant intact natural communities); - Significant surface waters and springs, including, but not limited to, the Everglades; - Buffers for public conservation lands; - Water resources which may be suitable for water resource development; and. - Mineral resources. The Legislature should also develop guidelines which specify that the application of such criteria is dependent upon the availability of funding to purchase or other~vise protect natural resources of significant statewide significance. Lead agencies should be required to adopt such materials by rule, pursuant to Chapter 120, F.S., no later than January 1, 2003. The identification of compelling state interests shall not create any regulatory authority, or authorize the adoption of any agency rules, criteria or standards, that are not otherwise already ~uthorized by law, including, without limitation, existing provisions of the State Comprehensive Plan and current Growth Management statutes. Each rule, together with a written report providing a detailed explanation for all aspects of any adopted map and materials, shall be transmitted to the Senate President and House Speaker within 30 days after adoption. Each rule shall become effective only upon review and approval by the Legislature. The Legislature may approve, modify, reject or not act upon such rule. Each rule shall not be subject to challenge as an invalid exercise of delegated legislative authority pursuant to section 120.56, F.S. Rules adopted by lead agencies shall take effect upon approval by the Legislature. State review of local government comprehensive planning decisions shall be limited to the issues identified as compelling state interest matters only upon the effective date of rules defining such interests in the three categories described about (Natural Resources, Transportation, Disaster Preparedness). Recommendation 44: The Department of Community Affairs shall serve as the State clearinghouse and coordinator for local comprehensive plan amendments that affect one or more compelling State interests. DCA would distribute the plan amendments to the appropriate lead agency or agencies for review. The lead agency would determine the State s final position for its respective issue, and in instances where that is the sole issue under objection, the lead agency would pursue resolution http://www.floridagrowth.org/2Post/FinalDraftReportEdits2.htm 02/14/2001 Page 20 ofll. through negotiation, mediation or litigation. Where multiple issues are under challenge, DCA shall coordinate the proceedings. In all instances, the lead agency having determined a challenge is necessary appropriate, shall provide its resources to support the State's position. B. Provide Citizens and Local Communities with Tools to Shape their Future Recommendation 45: Although the DCA shall continue to serve in a limited regulatory capacity, as described above, its primary focus and mission shall be to serve the citizens of Florida and their local officials in an expanded advisory and technical assistance role with respect to land use issues. In addition to the compelling State interests identified above, DCA shall provide assistance upon request ~-eoneeming adequate public education facilities; affordable housing; preservation of historic resources; rural economic development including incentives for agriculture; and urban infill and revitalization. The assistance could include community visioning, master planning and neighborhood planning assistance, and other assistance as requested to create more liveable, well-designed land use plans and patterns of development. DCA shall utilize the technical expertise of other state and regional agencies and other public and private entities. Recommendation 46: DCA will act as a clearinghouse and, when requested by local governments, will provide technical assistance to local governments for innovative planning information, including visioning. DCA may proactively pursue independent projects and, on its own initiative, advise units of govemment in a manner that advances the State s interests. Recommendation 47: DCA shall have an advisory role with respect to linking State funds to local land use or planning decisions that advance state interests. Recommendation 48: DCA should undertake a review of Chapter 163 and Rule 9J-5 and recommend changes to streamline their requirements and avoid duplication, including merging Rule 9J-5 into Chapter 163. Recommendation 49: The Department of Community Affairs shall become known as the Department of Community Assistance. C. Address Greater than Local Issues at the Regional Level l. Regional Cooperation Agreements - DRI Program Recommendation 50: The Developments of Regional Impact (DR1) program as currently defined in Chapter 380, Florida Statutes, will be eliminated by January 1, 2003, or upon the approval of regional cooperation agreements, whichever is earliest. DRI review procedures adopted by local governments and approved by the Department of Community Affairs under the Sustainable Communities Demonstration project will remain in effect until January 1, 2003, or upon approval ora regional cooperation agreement, whichever is earliest. Recommendation 51: DCA shall identify general areas and issues to be addressed in regional cooperation agreements by January 1, 2002. The projects that would fall under the terms of these regional cooperation agreements would be subject to the same authority that all projects around the State would, i.e., projects that implicate a compelling State interest. Recommendation 52: Not later than January 1, 2003, the local governments in a defined region and http://www.floridagrowth.org/2Post/FinalDrafLReportEdits2.htm 02/14/2001 · . Page 21 of 31 the R.PC shall enter into a regional coopm~on agree~nent. There are eleven RPC's. Each R.PC would be charged with developing a blanket agreement that covers the local governments within its jurisdiction. In addition, the RPC's would have agreements with the adjacent RPC's for those unusual circumstances where projects happen to be on the border of two regions. Recommendation 53: The agreements must include a method for identifying projects with extra- jurisdictional impacts. The thresholds for these projects may vary fi'om the current DRI threshold requirements and may be increased, decreased, or deleted, as determined by the regional cooperation agreements. The agreements shall also specify the manner of noticing the public and local and regional governments, the process for achieving intergovernmental review and comment, and the process for reaching intergovernmental consensus on mitigating for such impacts. Recommendation 54: Existing projects would be vested consistent with their respective individual development orders, and as long as those projects continued in a manner consistent with their existing development orders, including changes and amendments thereto that do not create significant and adverse extra-jurisdictional impacts (such as insubstantial deviations and NOPCs to an approved DRI), they would not be subject to any new regulations that are imposed. Recommendation 55: Developments that meet or exceed the agreed upon thresholds shall be noticed to all adjacent local governments, the RPC s, the local Economic Development Councils, the Department of Transportation and the Department of Environmental Protection, regional district offices, the local school board, and the applicable water management district. Recommendation 56: An approved development of extra-jurisdictional impact shall be either consistent with the local comprehensive plan or accompanied by a comprehensive plan amendment. The approval shall be accompanied by a development agreement that shall reflect any conditions designed to mitigate multi-jurisdictional impacts and/or impacts to compelling state interests. Recommendation 57: A challenge to an approved development of extra-jurisdictional impact may be made by any affected person with standing to challenge a comprehensive plan amendment and under the same standards for a challenge to development orders as inconsistent with the local plan pursuant to Commission Recommendation 22. Recommendation 58: Any adjacent local government that commented on the development during the review process and that can establish significant and adverse impact on its resources may challenge the development order. In order to prevail, the challenging local government must establish that the development order does not adequately mitigate an extra-jurisdictional impact, but may not request more mitigation than that required by the challenging local government if the proposed development were located in its jurisdiction. 2. Local and Inter-Local Dispute Resolution Recommendation 59: Regional Planning Councils shall serve as mediators to resolve disputes over local comprehensive plans, developments with extra-jurisdictional impacts and land use decisions. This includes being the first stop for all challenges to local plan amendments by citizens, other local jurisdictions, land owners and developers. RPC's shall employ or retain person(s) with expertise in dispute resolution for this purpose. Recommendation 60: Any local challenges to a local comprehensive plan amendment shall first be http://www, floridagrowth.org/2Post/FinalDm/tReportEdits2.htm 02/14/2001 Page 22 of'.31 forwarded to the Regional Planning Council (RPC) for mediation. If mediation pwves unsuccessful, the affected person may file a petition with the Division of Administrative Hearings. 3. Coordination/Liaison Role Recommendation 61: Regional Planning Councils (RPC's) shall continue to review comprehensive plan amendments. This recommendation shall not require RPC review of small scale amendments. Recommendation 62: Plan amendment approval procedures adopted by local governments and approved by the Department of Community Affairs under the Sustainable Communities Demonstration Project shall remain in effect until the effective date of any changes to the Comprehensive Plan and amendment review process. Recommendation 63:-The Commission recognizes and acknowledges the changes to the present role of the RPC s and the possible need to restructure their composition, including a school board member. In addition, the Commission recognizes the need to consider whether current state funding levels are sufficient for the regional planning councils to effectively handle additional planning responsibilities. IV. Creating More Liveable Communities A. Integrate Schools into Community Planning Recommendation 64: Change state regulations governing the minimum criteria for school locations in order to build smaller schools in urban cores targeted for revitalization. Recommendation 65: Specifically, site acreage requirements for new schools shall be eliminated. Recommendation 66: Each local government shall adopt a financially feasible public school facilities element to reflect the integration of school board facilities, work programs, and the future land use element and capital improvement programs of the local government. The Commission intends for this to be a cooperative process between the local government entities which may require amendments to both Chapters 163 and 235. The public school facilities element shall be adopted on a schedule to be adopted by DCA by rule, beginning January 1, 2002. In order to facilitate coordinated planning on a countywide basis, local governments may adopt a unified countywide element. Each Capital Improvements Element will be amended in coordination with the school districts adopted five year work plan to recognize school facility need for each jurisdiction. Recommendation 67: Local governments shall ensure the availability of adequate public school facilities when considering the approval of plan amendments and rezonings that increase residential densities. The local school board must communicate to the local government that it has exhausted all reasonable options to provide adequate school facilities before a local government may reject or delay approval of a plan amendment or rezoning which increases residential density or intensity. This should not apply to projects that have already received development approval. B. Urban Revitalization Tke Place http://www, floridagrowth, org/2Post/FinalDraflReportEdits2.htm 02/14/2001 · Page 23 of 31 The City can be viewed as the physical manifestation of our collective identity, an expression of our shared values and beliefs. At their best, cities provide a region with a unique nature ofplace, human scale, and character, where our proximity provides us with an opportunity to consider our past, explore our diversity, and dream of the future to be. Tlu'ough patterns of development structure, building types, forms, open spaces, and vistas and views, cities are the marketplace for the exchange of commodities and ideas. The forms of Florida cities are varied and are evolving under the pressure of contemporary life style changes, fatiguing infrastructure, crime, suburban sprawl, and transportation gridlock. The dissatisfaction with our current growth patterns presents an opportunity for the re-birth of our urban centers. Tke People Within this urban setting, Floridians bring their individualism, unpredictability, creativity, and spirit. In the swirl of a technological revolution, we cope with structured chaos. We want our urban experience to be both familiar and cutting edge. We desire basic services to be convenient. We want culture, art, and entertainment activities. We want to feel secure. Those who reside in the central city often are at opposite ends of the urban paradigm. Lower income residents are unable to afford a ear and are increasingly isolated from entry level jobs and economic activity outside of the urban core. High income workers struggle with the cost of the extra car and traffic congestion. Each in their own way have to confront the issues ofhousing affordability and schools that are not competitive with their suburban counterpart. As we meet the challenges of revitalizing our urban centers, it will take our imagination, political will, and financial commitment to cultivate and environment which responds to our desire for a vibrant and vital urban centers. Finally, we should expect the planning and regulatory regimes to support and reinforce our goals for a wide range of amenities and desirable activities in our urban core. In keeping with the principle currently used in Florida's Growth Management scheme, development should be compact and consistent with comprehensive planning. TL: r;~-al---t~' ~rz.;;r,:, ;Lz.;;l~ L,. ,~ 1. Re-establishing an urban framework Livability vs. Mobility has been the paradox that has caused our frustration with the built environment. Compact development within the context of urban revitalization builds on the principle that puts "people first" in the planning process and "fix it first" in the budgetary process. When development is viewed in this context, the primary goal is to create an environment which places the greater emphasis on a mix of uses within reasonable walking distance. 2. Lfvability: A prescription for revitalization There are several elements such as, unique character, a safe environment, density, open space, economic vitality and cultural diversity, which arguably create urban areas of interest which will attract people to live, work, and play. a. Unique Character http://www.floridagrowth.org/2PosffFinalDratLReportEdits2.htm 02/14/2001 Page 24 of~3.1 Each city has natural and cultural assets which distinguishes it from their neighbors. By valuing the heritage of· community, its sense of history (while preparing for the future), new structures, and the people they serve can be developed with a shared context. This connection with the ambiance of a place is intrinsic to a city's self identification. When lost, the physical environment can become homogenous and predictable. The Main Street which was the focal point ofbusiness, commerce, and civic functions has all to often given way to strip centers, regional malls, and big box retailers. While these changing retail patterns reflect the current shopping habits of consumers, there is still a need for a retail focal point (a "main street") in the traditional urban core. ~, ........ ....... r,~ :.. ' ' '"'-'-- At the time the Govarior of Florida is reviewing the organizational structure for the new Department of State, the relationship between the Main Street Program and the Department of Community Affair~ should be considered. The Department of Community Affairs should be the repository of programs which will help communities revitalize themselves. The Main Street Program serves as an important component by assisting local business with design guidelines for building facades, promotion, as well as, plan elements which cover historic preservation. b. Safety The creation of safe neighborhoods, free from real and perceived criminal activity, is an important aspect of the revitalization process. Clearly, safety is important because it frees people to experience the full offerings of the city. The public realm of sidewalks, street lights, open space as well as the expenditure of human capital for police officers contributes to the feeling of security. Recommendation 69: Amend Part IV of chapter 163, F.S. to allow for the expansion of Neighborhood Improvement Districts (NIDs) or Safe Neighborhoods to include Urban Infill and Redevelopment Areas which would receive higher priority for eligibility for certain grants. To be eligible for continuation and or additional grants, the area will submit an audit that demonstrates that crime has been reduced. The formula to be used is to be developed by DCA in conjunction with applicable law enforcement agencies. c. Density Density is the concentration of people, buildings and activities in a localized area. When these elements reach a critical mass, an efficiency of services and a vitality become apparent. Density enhances commercial and social encounters. High octane street level activity creates economic oppommity which attracts diverse populations. Recommendation 70: Create a funding priority matrix for State agencies that provide infrastructure funding, cost reimbursement, and grants or loans to local governments: ~ The priority ~ shall be ~ for designated Infill Areas within local eommunities~ ~ ~ projects within the local governments Capital Improvement Boundary, and ~ .,.' ..... ,,.' c,f~fic~,'-.,' ~r:. projects within the IDEAs Ccr.:,~:.t=..: ......1.......1.~..,._ ,,~...,~.~ .t-' ~--'" -1- :, ....... ,_ .,_ o .... This recommendation redirects funding to the most distressed areas within the local government's jurisdiction. In particular stormwater requirements are a hindrance to the redevelopment of individual http://www.floridagrowth.org/2Post/FinalDmffReportEdits2.htm 02/14/2001 · Page 25 of 31 properties. Local governments and Water Management Districts should be encouraged to seek innovative ways to aggregate drainage solutions for different property owners within the urban areas. The nature and the location of the work place has changed. Technology has increased the number of workers who telecommute. The shift from manufacturing to a information service economy has brought a demand for decentralized employment centers in low rise office parks. Where the city center was once the focus employment. Now the commute is from suburb - to - suburb. Cities in order to compete need to create a level playing field for private investors. The urban core must cultivate an attitude that economic development is important. The success of private investments translates into greater employment opportunities, higher property values and the resultant higher tax base. Recommendation 71' Consider a revision of the formula for the funding of the Grants program, Section 163.2523, to provide a higher grant percentage to outright grants and increase threshold for implementing programs Recommendation 72: The State should create a single document, available on the Interact, that lists and cross-references all existing (and to be created) revitalization tools, resources, training and other programs. DCA should be directed to coordinate the various State and regional grant programs administered by various agencies. e. Diversity Our cities should be a reflection of what we find valuable in our communi~. It is a balancing act of competing needs, pedestrian vs. the automobile, small business and large business, community needs Vs individual consideration, an aging population vs. the baby boom echo in conjunction with immigration. A diverse place for living provides a framework in which these polar interest can coexist. Our revitalization efforts must consider housing options for its residents, in style and prices, multi-use facilities to reduce duplication of resources. We must fosters public / private partnerships for the ownership of amenities. http ://w',vw. floridagrowth, org/2Post/FinalDrafLReportEdits2 .him 02/14/2001 Page 26 of 3'1 Recommendation 73: Establish ~ Community Land Trus~_ to assist local not for profit organizations maintain housing affordability in designated redevelopment areas. Recommendation 74: Amend Section 163.2511-163.2526 as necessary to include the following: Any communities having designated an area as an urban infill or redevelopment area as part of their comprehensive plan shall also include, through a collaborative and holisfic community participation process, a strategy for development with minimal displacement and if displacement occurs, how it will be mitigated. Recommendation 75: Direct a portion of the funds provided by the Division of Emergency Management for the expansion / improvement of emergency shelter space to include allocations for similar expansion / improvements in IDEAs, consistent with the local mitigation strategy. ReconSmendation 76: Promote land use patterns and community urban designs that utilize transportation hubs, incorporate mixed and flexible land use patterns, promote the development of economically mixed and geographically dispersed affordable housing, and promote urban green parks.' Recommendation 77: Modify existing building, fire, historical preservation and zoning code requirements to encourage remodeling and rehabilitation of existing buildings through design alternatives in certain urban core areas targeted for revitalization (New Jersey Ordinance example). 3. Mobility (Multi Modal Trm~sportstion Pinning) The prospect of a livable community with its vital services and amenities within walking distance provides enhanced employment opportunities for non-drivers, increases the number of trips made by alternate modes of transportation, increases the vitality of the street which is deterrent to crime, encourages civic interaction. Recommendation 78: Designated Urban Infill Areas will be exempt fi.om concurrency, except for public safety. Recommendation 79: Local governments should be specifically encouraged to employ alternative techniques currently being developed by FDOT for measuring level of service, including multi- modal, vehicles miles traveled (VMT)-based, access-based, and zone based-approaches. (This is a recommendation fi.om the Transportation and Land Use Study Committee Report.) 4. Regulatory Process The Growth Management Framework, like our urban centers, needs revitalization not demolition. In particular the Regional Planning Councils are being asked to assume a greater role in collaboration with local governments in being the stewards of the growth management process. http://www, fl oridagrowth.org/2Post/FinalDraffReportEdits2.htm 02/14/2001 Page 27 of 31 Clearly, strong urban centers are important to the State and regions in expanding and attracting business, residents, tourists and other components of economic development. The Commission acknowledges that the Transportation and I.~ad Use Study Commission Report of 1999 and the 1998 Report on the Development ora State Urban Policy and the "Growth Policy Act" ~ in Florida Statutes Sections 163.2511-.2526, contain ~ a discussion of the challenges of urban revitalization, as well as a lengthy list of incentives to encourage redevelopment and revitalization. The Commission recommends that the Governor and Legislature refer to these two Reports ~ ~ for a more detailed discussion of incentives for urban revitalization. C. Improve the Quality of Local Planning Recommendation 80: Local governments shall continue to engage in comprehensive planning with respect to future and existing land use issues and shall address those planning elements currently set forth in Chapter 163 of the Florida Statutes. As stated ~-?~,ee6~e,e4~. above, the Department of Community Affairs should review Chapter 163 of the Florida Statutes and Rule 9J-5 and recommend changes to streamline their requirements and avoid duplication, including merging Rule 9J-5 into Chapter 163. Recommendation 81: Local governments shall periodically review and update their local plans based on local, regional and state issues and needs. The state's regulatory_ review shall address, at a minimum, the state's compelling interests. V. Develop a State Rural Policy ~ The Commission recognizes the long-term value of retaining rural lands for agriculture, open space and conservation uses. A thriving rural economy with a strong agricultural base, healthy natural environment, and viable rural communities is an essential part of Florida's present and future vision. Rural areas also include the largest remaining intact ecosystems and best http ://www. floridagrowth.org/2Post/FinalDraftReportEdits2 .htm 02/14/2001 Page 28 of Sl examples of remaining wildlife habitats as well as a majority of privately owned land targeted by local, state and federal agencies for natural resource protection. The growth of Florida's population and the demand for low density and moderately priced housing to serve it create increasing pressure to develop rural lands. Florida's growth management policies have not successfully controlled, and have in many instances accelerated rather than reversed this trend. There is a direct relationship between land values and the ability of rural landowners to keep their properties in agricultural production. Florida's agricultural ecol~omy is land rich and c~sh poor. Tbe value of agricultural lands as collateral for borrowed capital needed to support agricultural operations is based in large part on the underlying development rights for non-agricultural uses. These underlying development rights have been reduced over time as a byproduct of ineffective land use policies. Regulatory controls do not stop growth or permanently assure the protection of habitats or ecosystems. Where permanent protection and management has been achieved, this has occurred primarily through programs such as voluntary land -,~n~ conservation easement and acquisition programs, and incentives based on cooperation by landowners, such as resource conservation easements. Even with the best efforts at urban infill, the pressures for development will impact almost every rural county. Florida lacks a comprehensive growth management policy, which proactively and realistically addresses both the pressures of population growth and the unique characteristics and multiple needs of rural Florida. The Commission ~ recommends that land acquisition agencies be more aggressive in their use of conservation easements, that development rights be acquired and that the viability of Florida s agricultural economy be maintained and protected through innovative development strategies in rural areas and the use of incentives that reward landowners for good stewardship of land and natural resources. Along with incentives for maintaining agriculture and good natural resource stewardship, such stewardship should be rewarded through a new program of agricultural land conservation and natural resource conservation agreements. The fundamental basis' of the state's rural policy should be the restoration of rural land values, enhancement of the ability of land owners to obtain economic value from their property, and protection of private property rights. Recommendation 82: Restore and maintain the economic value of rural land and control e~ sprawl. Local decisions about the most appropriate location and _type of growth that occurs in rural areas should be pan ora program of planning and development incentives for the consolidation of development into discrete clustered patterns that provide ample open space for agriculture, recreation and regional environmental protection. Such a program will: - Prohibit further involuntary reduction of intensities and densities of rural lands. - Include e Criteria for the identification of areas in which innovative planning and development strategies may best be applied. http://www.floridagrowth.org/2Post/FinalDraflReportEdits2.hm~ 02/14/2001 Page 29 of 31 - Provide 6 guidelines for the implementation of innovative planning and development strategies within rural areas. - Take full advantage of provisions of the Florida Statutes which allow flexibility in planning and development decisions, such as section 163.3177(11). - Develop a process which assm-es that innovative planning and development strategies comply with applicable local plans and development regulations. - Allow local governments in rural areas to restore property values and control sprawl through innovative growth patterns based on clustering and traditional community design. - Assi~a special overlay of transferable density allocations for rural property to be used for the implementation of clustered development in appropriate locations and innovative planning and development strategies. Recommendation 83: Promotion of rural economic development. - Acquire development rights or permit the transfer of those rights from lands intended to remain in agriculture in the long term, allowing landowners to reinvest payments for those development rights in the rural economy. E deq fu dig fo i frastm i e~ist4~ I ' .... ' ..... "-:'-~' ! - nsure a uate n n r n cture n rura towns, .......... .... ~. ............ .,3- ---.,1· ......... 1 .'----·.' .......1 ..... ; .1 .'__~ -~ .... '1- ; 1 .' ~- ............. 1- ~. I ..1 - .3 .'---~· ~ and apply the Fix It First concept e~ to establishing funding priorities. - Establish a technology outreach program to support rural local governments, farmers and small businesses in taking advantages of the Internet and other technology advances. - Resubmit legislation from last year establishing a Rural Heritage Act with revisions consistent with the report of this Commission. - Amend the revenue sharing provisions of Chapter 212, Florida Statutes, to provide a disproportionate increase in the allocation of state revenue to rural counties in recognition of their inherently lower ad valorem tax base. - Consider other initiatives to assist rural communities in developing and diversifying local economies such as directing Enterprise Florida and OTTED to include rural communities in their outreach efforts for expanded and improved economic development; supporting and further publicizing the Main Street Program (Department of State); offering technical assistance and other support services for small business development and entrepreneurial activity in rural areas; encouraging environmentally sensitive eco-tourism and heritage tourism in rural areas; capitalizing on and enhancing the sustainability features of rural areas, including local food production, environmental resources and the potential for distributed energy resource technologies. Recommendation 84: Identification and protection of areas of compelling State interests. guid ped ...... '-- .?E'.. ,*, - Following elines develo pursuant to Recommendation 43 ,'~: ,,,,,' .,,, ~' -'"-... :-., ~,,~.,,.. ~' '~ . . http ://www. floridagrowth, org/2PosffFinalDmfhReportEdits2.htm 02/14/2001 Page 30 of 31 .......... ~--~-: .... ~ resoRrces of above, clearly identify (mapping where appropriate) natural .~...; .... , .... compelling state interest in rural areas and prioritize state involvement in land use decisions made with respect to those areas. - Natural E~.;)z::.~.:, ~- 2.=~ -- ~ resources that merit overriding state protection as compelling state interests should be prioritized for acquisition of those lands in either fee or easement through fair compensation payments leveraged by appraisals which reflect the fair market value._ ~ ~.,l~J.'&; -----1 ..-1 .... .L' .... *...---- 1 - The'Legislature should evaluate the advantages as well as the disadvantages ofp Purchase appraisals that ~ reflect the value of wildlife habitat, unique ecosystem components and the benefits of natural system productivity. Any evaluation should take into consideration such issues as protection of private property rights, property tax assessments, successful methodology_ for placing an appropriate value on a natural resource, impacts to the state's current land acquisition and land management policies and capabilities including fiscal impact. - Dedicate at least $100 million annually ~ne,z~z~ee of additional revenue for public purchase of conservation and agricultural easements, prioritized on clearly identified areas of compelling state interests sufficient to purchase or otherwise protect five million acres over twenty years. - Easements could include sustainable yield timberland easements, unimproved pasture easements, wildlife management areas, etc. - Prioritize different levels and types of conservation or agricultural easements with varying levels of protections and terms of application. Easements could include sustainable yield timberland easements, unimproved pasture easements, wildlife management areas, etc. Establish simplified statutory easement forms easily understandable and suited for use by a wide variety of property owners and identify the appropriate managing entities. - Scientific information on resource values and the relative pressure for conservation of valuable natural resource lands should guide the priorities for using public money for acquisition and less than fee mechanisms. - Explore and where appropriate, d~evelop bridge mechanisms involving incentives or payments to property owners in exchange for services to maintain and enhance wildlife values on property prior to and in anticipation of eventual state fee or easement acquisition. Recommendation 85: Land acquisition agencies shall be more aggressive in their use of conservation easements as a means of preserving priority natural resource areas, and Florida Forever funds shall be prioritized consistent with identified state compelling resources appropriate for public ownership. Recommendation 86: Maintain the viability of Florida's agricultural economy and protect the character of rural areas by developing incentives which reward landowners for good stewardship of land and natural resources. "' [deleted by staff as http://www.floridagrowth.org/2Post/FinalDraftRepottEdits2.htm 02/14/2001 Pnge 31 of'31 inconsistent with Recommendation 84, bullet #3 as approved at final meeting] - Funding for land acquisition, with title vested in either fee or easement, should be sufficient to assure that inclusion of property on land acquisition lists or in mapped designations of compelling state interests enhances, rather than reduces, land values. - Resource conservation agreements that compensate or provide other incentives to landowners for specific services to enhance wildlife or habitat values of land. - Where appropriate, promote the use of best management In'aerie. es or whole farm plans, developed by agricultural producers in conjunction with regulatory agencies and local governments, to replace thc appropriate permitting processes for agricultural operations, in order to remove or reduce the financial and bureaucratic obstacles to keeping land in agricultural production. Recommendation 87: Florida shall promote the use of best management practices or whole farm plans to replace permitting processes for agricultural operations. Recommendation 88: Florida shall urge Congress to lift the inheritance tax on agricultural and conservation lands. Recommendation 89: Full implementation of the Rural Policy subcommittee recommendations is a multi-year task. The subcommittee encourages the DCA and the Department of Agriculture to enter into a memorandum of agreement which provides for the development of a process including pilot programs for continued implementation of a comprehensive planning strategy for rural Florida in conjunction with the Florida Association of Counties, Legislature, and other affected agencies and interests. http ://www. floridagrowth.org/2Post/FinalDraffReportEdits2 .htm 02/14/2001 Memo To: From: D~d~:. R~: David Harden, City Manager Lula Butler, Director, Community Improvement February 22, 2001 Local Initiatives Support Corporation (LISC) Request for Section 108 Loan Funding ITEM BEFORE THE COMMISSION: City Commission consideration of and direction to staff regarding the request from the local LISC office to collaborate with the City under the Section 108 Loan Program. LISC in conjunction with the TED Center and the Delray Beach Community Development Corporation is a partner with Urban Design, Inc. for the first private project to come on line in the West Atlantic Avenue Redevelopment Area. Their project, called "Atlantic Grove" was selected in the competitive Request for Proposals (RFP) process carried out by the Community Redevelopment Agency (CRA) last year. BACKGROUND: Atlantic Grove is a mixed use residential and commercial development consisting of fifty-nine two and three story, for sale townhouse units and two, three story commercial buildings totaling approximately 72,000 square feet of office and retail space on a 4.6 acre parcel. The project site was acquired by the CRA for a redevelopment project. The location is blocks 28 and 36 on West Atlantic Avenue. The developer's total budget for this project is estimated at $19,076,342. LISC is requesting City support of a Section 108 Loan in the amount of $1.5 million dollars. Proceeds from the loan will be used to pay for eligible construction and predevelopment cost for the development of the commercial component of the project, including the construction loan interest and soft costs. LISC, under their proposal has put forth various scenarios of the terms for repayment of this loan should the City Commission wish to authorize staff to proceed with the required application through the Department of Housing & Urban Development. The terms of the loan can be negotiated and may differ from what is proposed. I have attached a copy of the request as received from LISC along with a fact sheet on the Section 108 Loan Guarantee Program for your reference. Staff will be prepared to discuss this information and answer other questions from the Commission as they consider this request. If the City wishes to move forward, there are substanbal administrative impacts that should be considered. They are as follows: Neither the CDBG staff or I are financial experts; thus, we would recommend the use of a consultant to work with us. Also since the developer is on a fast track, we are not in a position to repnodtize our current workload to accommodate the application process. Consultant services will be used to prepare the application, identify the appropriate structure of the loan and additional security requirements, and complete all other hearing and advertisement (citizen participation) requirements that are mandated under the applicable Federal Regulations. The cost of the consultant services is estimated not to exceed $30,000, and would require amending our current budget. I contacted Lisa King with Langston & Associates. She stated they could assist in the drafting of the application under the terms of our contract with them, but she does not do the financial analysis (negotiating the term of the loan, etc.) It would be important for us to have someone with direct experience in the Section 108 Loan Program. If the City elects to participate in the program, the entire development project will be subject to applicable Federal laws. The most impacting one is Davis-Bacon that will require administrative monitoring and documentation of compliance to approved wage decisions. Other administrative impacts include the requirement to create new permanent jobs, monthly, quarterly, annual reports and environment review, all of which will be a fiscal impact to our CDBG budget. In our discussion with the Developer and LISC, they indicated that they might be interested in having the City pursue the competitive dollars that may come available under HUD's BEDI & EDI Economic Development initiatives. Both of these programs provide grant dollars that are used in conjunction with the Section 108 Loan Program. The notice of funding and application deadlines should be announced somewhere between June - August 2001. RECOMMENDATION: City Commission discussion and direction to staff. · Page 2 SECTION 108 LOAN GUARANTEE PROGRAM FACT SHEET Section 108 is the loan guarantee provision of the Community Development Block Grant (CDBG) program. It provides communities with a source of financing for economic development, housing rehabilitation, public facilities and large-scale physical development projects. 1. ELIGIBILITY- Who is eligible to apply? · CDBG Entitlement recipients · Non-entitlement communities that are assisted in the submission by States that administer the CDBG program · Non-entitlement communities eligible to receive CDBG funds under the HUD admimstered Small C~ties CDBG program Eligible applicants will borrow Section 108 Loan Guarantee funds and relend the proceeds to non-profit organizations. These non-profit organizations then carry out the project approved for funding under the loan program. 2. Eligible Activities · Economic development activities eligible under CDBG · Acquisition of real property · Rehabilitation of publicly owned real property · Housing rehabilitation eligible under CDBG · Construction, reconstruction or installation of public facilities (including street, sidewalk and other site improvements) · Payment of interest on the guaranteed loan and issuance of public offerings · Debt service on loan loss reserves · Public works and site improvements ~n colonias, and · In limited circumstances, housing construction as part of community economic development. For purposes of determining eligibility, the CDBG rules and requirements apply. ~Is with the CDBG program, all projects and activities must either principally benefit low- and moderate- income persons, aid in the elimination or prevention of slums and blight, or meet urgent needs of the community. 3. Terms and Conditions Maximum amount that could be borrowed - As an entitlement community, the City of Delray Beach may apply for up to five times of our latest approved CDBG entitlement amount ($644,000). For us the maximum amount is estimated at $3,220,000. Securit~ - Repayment sources include but are not limited to CDBG funds, loan repayments, general revenue funds and additional security reqmrements determined by HUD on a case-by case basis. These are used to ensure that a repayment source exists if CDBG funds or the approved repayment source are unavailable. Common examples of additional security are debt service reserves from the proceeds of the loan from the private source, tax increments, and liens on real or personal property. Most entitlement commumties lend these monies to the developer with repayment amounts equal to the City's annual loan and interest payments so that CDBG funds may continue to be budgeted for local activities. Loan Repayment - The maximum repayment period for a Section 108 loan is twenty years. HUD has the ability to structure the principal amortization to match the needs of the project and borrower. Each annual principal amount will have a separate interest rate associated with it. Financing Source - Section 108 obligations are financed through underwritten public offerings. Financing between public offerings is provided through an interim lending facility established by HUD. Interest Rates - Interest rates on interim borrowing are priced at the 3 month London Interbank Offered (LIBO) rate plus 20 basis points (0.2%). Interest rates on obligations sold in public offerings wdl be determined by market conditions at the time of the offering. Most interest payments are due February 1, May 1, August 1 and November 1. Interest payments on permanent loans are due semiannually, on August 1 and February 1. Principal payments on interim and permanent loans are due on August 1. Other Cost anticipated at the local level - We would be required to set up and maintain a number of trust accounts at a financial ~nstitution that provides such a service. If there are trustee fees associated with these trust accounts, it is the responsibility of the community to pay them. Also, there are issuance costs for the public offenng, which vary with the size of the loan and its repayment period. In the last Section 108 public offering, the issuance costs for the entire offering amounted to less than V2% of the offering. Local Initiatives Support February 20, 2001 Lula Butler Commm~ity Improvement Director City of Delray Beach 100 NWI"~ Avenue Delray Beach, FL 33444 BY Facsimile & Regular Mail Re: Proposal for Section 108 Funding - Atlautic G-rove Project Dear Ms. Butler: Thank you for meeting witlx us regarding the above referenced project and the possibility of a Section 108 loan fi'om the City of Delray Beach. As you requested, please see attached the preliminary loan proposal with various possible financing scenarios for your review prior to the Commission workshop on February 27. Wc appreciate your support for the project and hope that we will be able to work together to come up with a financing scenario that will bc mutually beneficial. We believe that with your participation, the success of the project will be ensured. Please contact Chris Hummer, Senior Program officer, or mc if there arc emy questions. Sincerely, Program Officcr Attachment cc: Clu'is Plummer, Senior Program Officcr 1555 }~lm Beach Lakes Blvd., Sulw 1500, West Palm Beach, Iq. 33401 Tel: (561) 471-7700 · Fax; (561) 471-8040 ~O'd 900'ON I0:8I 3SIq SECTION 108 LOAN PROPOSAL ATLANTIC GROVE PROJECT Project D~scri!)tion Atlantic Grove is a miAed use residential and comm~.-rcial development featuring fifty-nine, two and three-story, for-sale townhouse units and two three-story, commercial buildings totaling approximately 72,000 square feet of office and retatl space on a 4.6-acre parcel. The 4.6-acre site consists of two city blocks (Blocks 28 and 36) on West Atlantic Avenue, three blocks from downtown D¢lray Beach. The fifty-nine townhouses, one three-story commercial building of 36,000 square foot, and a 52-space surtlace parking lot will be constructed on Block 36. A second 3-story, 36,000 square foot retail/office building and a total of 79 parking spaces will be constructed on Block 28. Both eominercml buildings will front West Athmtic Avenue, the main arterial that leads to downtown Delray Beach, The townhouse units will be two bedroom/two bath units of 1,450 square feet and 1,600 square feet and two car-garages. The ~'flallcr units am in the two-story buildings. The projected base prices are $129,990 to $134,990 for the two-story unit and $144,990 to $149,9990 for the three-story unit, depending on location. The commercial component consists of two, 3-story buildings of 36,000 square feet each. There are 12,000 square t~et of retail spacc on thc first floor in each building, ~k}r a total of 24,000 square feet of retail space in the project. Thc two uppcr floors totaling 24,000 square ~et will be office space for a total of 48,000 square feet of office space in the project. The projected remal rates per square foot for the retail space are $15.00 per square foot ami $14.00 for the office space. Total Development Budget - Residential and Commercial f59 townhouses and 72,000 square feet) ~esidential Commercial "' "l¢tal Cate. gory Acquisition .... $354,000 $95E;,000 $~,310,000 Subtotal --' $354,000 $956,0..0.0,. $~,310,000 "~',"~ ~' 7- , ,T:~ ',' -- ' - . ~ .... ' ', - ,,, , . ,~, "~'~" "",..,,,,.:'~;,;; -:m ,m,~,,,-,'.'i" ~ '-'1"" ',,~ .............. ~3!~, '-'-",~"," '~;-'",l"~,,, ' ' "" ""'" .... '; ' ' ' ,,,,,,,,',i ,:'" ',' ' ,%~t[¢tlJi; :'~tl'& '; ' ,~;~'.~:~ ~ : l',;:':'~'' "';'-i ~;, ,a~ l}~ Predevelopment 408,121 357,011 $765,132 '~'~'¢ 'Deve_!.opment $718,086 ' - $525,666 1, 24'~, 7~2' Contingencies $61,950 ~z~5,O00 $106,950 '~ubtotal $1,1_8 _8 :_'1_.5_7_ S927,677 $2.115,834 ,,,,," ' ,~,,l"r -' : '- :" , ,:,,,,,,,,~ ........... ,, ~:"' ~',~i" , - -" , , , Construction Costs $5,086,980' ..... $5,400,000 10,486,980 Other Costs $720,000 $?~0,000 $'1,440,000 Conting~ndes (3% of hard costs) ..... $152,609 '-' $162,000 '$314, 709 Tenant Improvements N/A $1,800,000 $1, 800, 000 Subtotal $5,959,589 $8,082,000 $14,041,589 · " "~"'~'~ ~ ~ "'7'7~,--7~ ~ ~ '~' ,,, ~ '-""?'"¢,"'~ ' ~, ' ...... , .... , ,,, , , ............... ~, . t ",[ · ' T . , },, ,,~,, , . ,, ,,,,,,, ................................ '.;,;,;,,,.~& '-~.,:~,,,,,, .... , ",':,:&~l,,,; ......... ',-'~:, .............. , ,.,,,~,,,~, ........ ,, : ......... ' "I,,,,;,,,~:; ,, ,,,, bl,,I,I;~, ........ I:~l,~ ~. ~:... Origination Fees (1% of to 'tal costs) . $78,933 $81,565 $160, 498 Closing Costs (3% total costs) $236,799 $244,970 -' $481,7'69 Subtotal . .. ' "" $315,732.. $326,535 $642,267 Interest Reserves ' ' $3921'~;40 $574,'~ 12 $96~i 652 Total $§,209,718 $10,866,624 '~'~9,076,342 £O'd 900'ON g0:85 $O,Og 833 OVOS-$Z¢-ZO~:flI 3SI~ Section 108 Funding Request: $1,$00,000 loan For the development of the eomm,:rcial compon,:nt. Terms: The terms of the loan are to be negotiated, llowever, the tbllowing are some loan term scenarios tbr consideration: Scenario 1: A 15-year term loan at 0% interest. In this scenario, the City could bon-ow the Section I08 funds for a period of 20 years and would be receiving greater annual repayments from the project than thew repayments to HI.rD From CDBG. After the loan is repaid in 15 years, thc City could either accelerate its payments to HUD or continue at the same amortization. '['his would serve to fi'e~ up more CDBO funds for other projects. Scenario 2: A 20-year term loan at a 1-3% interest rate. Principal r~payments from th,: project would match the City payments to HUD and replace the CDBO funds being paid out for the Section 108 lo,tn. The interest rate spread between the loan to thc project and the Section 108 loan to the City can be viewed as a small cost to the multiple benefits of the project. If the City is unable to olli:r the term of 20 years, then we request the interest rate remain the same at the lower tClWn. Scenario 3: A term of 10 years or more with an amortization period of 15 or 20 years and a balloon payment at the end of agreed amortization period. Interest rate to be negotiated. Scenario 4: If the City is unable to offer the concessionary rate and terms being proposed in scenarios I and 2, then a max~,num interest rate of 2% below prevailing rates and a r~gular CDBG grant of $200,000 would help make the project successful. The following table is a summary of the above terms and any related balloon payments. $1,500,000 0% 15 years $ lO0,O00 (no balloon) Project cash flow $11500,000 2%o 20 years ....... $.9,1,059 (no balloon) 'P~'ojeet cash llow $1,500,000 3% 10 yra/20-yr$99,82~($867,677 balloon) Project cash flow 10 yrs/15-yr$99,828($470,115 balloon) $1,500,000 5% lO years $190,918 (no balloon) Project r~sh flow Please noto that the above repayment scenarios and terms should take into account the tact that the City's CDBG allocation increases each year. Uses of Loan Proceeds: To pay for eligible construction and predevelopment costs for the development of the commercial component of the project. Funds will also bc used to pay eligible loan interests charges and soft costs related to thc commercial portion of the project. After the completion of the commercial building, the loan wdl be converted ~nto a semi-permanent loan with a term not to exceed the term approved by the City of Delray Beach. P0'd 900'ON ~0:8I I0,05 833 0~08-IZ~-z0~:~I 3SI3 Repayment Schedule: The Section 108 loan will remain in the project and be convet~ed into a permanent loan after the construction of the two buildings. Ilowever, the fotlowing repayment scenarios assume a 24-month construction period tn which the project will not generate revem~es: Scenario 1: Detbrred principal payments and tbrgtven inten~st payments in the 24-month construction period. In the 25"' month, payments of both principal and interest will begin. Scenario 2: Quaaerly interest only payments during the 24-month construction phase of the project. In the 25* month of the loan, the partners will begin making monthly or quarterly payments of both principal and interest. Sources of Repayment: The Section 108 loan will be repaid from the cash flow of the project except during construction. Preliminary cash flow statements show adequate debt service coverage ratios. These ratios reflect the amounts o£ each dollar available to service debt after all expenses are paid. A preliminary overall debt coverage ratio of 1.2 is projected. Collateral/Securlty: Subordinated security position to private sector mortgages but superior position to partners' equity. 'll~e partners will be required to have a minimum of 15% equity in the property. The value of the commercial buildings after construction should be sufficient to secure both the private sector lenders and th~ Section 108 loan. CDBG Nail. Objectives: The project is expected to generate a minimum of' 144 jobs, the majority of which will be low and moderate income. The project will also provide needed services to those low and moderate-income census tracts surrounding the proJect, Benefits: Annual increase in sales taxes of' approximately $216,000. Total real estate tax revenues o{' $374,389 annually. Approximately 200 jobs during the 24-month construction period. Approximately 144 permanent jobs in retail and office spaces. Catalyst project for thc redevelopment of West Atlantic, gateway to the City. Signature project to complement new public sector redevelopment in area such as the Courthouse, Polic~ and Fire Stations. Providing needed retail and business services to the surrounding neighborhoods. Great examp{¢ of' public/private/non-profit/community collaboration and excellent Icv~raging of public dollat~ to give "more bang for the buck". SO'd 900'ON £0:8I IO,Og ~3~ O~08-IZ~-ZO~:OI 3Slq Risks: 1. The project does not go t~orward. Mitlgatio,: All loans in thc project including the Section 108 will include disbursement conditions and related milestones that will mitigate this risk. In addition, the private sector Icmlcrs in thc deal will underwrite thc project commensurate with thc level of risk. Both the project and the partners are being underwritten with normal requirements such as proje~:t fe~rsibility, pre-leasing, kiting of experts in thc areas in which the partners have limited experience. The project also has thc support of LISC, other local lenders, the City of Delray Beach, the Delray Beach Cltak and Pahn Beach County. 2. The Section 108 loan will not be adequately secured. Mitigation: The City of Delray Beach wdl hold a mortgage lien on the buildings during the term of the loan. While it is in a subordinated loan position, the City's lien will be superior to the partners' 10-15'% equity and would bc repaid before equity in an event of default. 3. CDBr3 funds will be committed out tbr one project over a twenty-year period, thereby limiting the City's ability to spend those dollars on other projects. Mitigation: The repayment of the Section 108 loan to the City on a similar or accelerated schedule would allow the City to recoup, at a minimum, the principal portion of thc CDBG dollars the City repays to HUD. In addition, the City's CDBG allocation will increase yearly as it has over the past several years ct' the grant. These increases and the potential benefits ct' the project should more than offset any interest rate spread the City directly invests m the project. The City will be able to leverage its CDBG dollars at a ratm of SI(City) to $7.24 (private seeto0 based on thc Section 108 loan to total cost of the commercial component and a ratio of $1 (City) to $12.72 (private sector) based on the total project cost including thc residential component. Preparcd by Chris Plummer, Senior Program Officer, LISC 90'~ 900'ON ¢0:8I IO,O5 83~ OVOS-IZ~-ZOV:flI 3SIq Date: Agenda Item No. k/. ~' t~ AGENDA REOUEST Agenda request to be placed on: Regular ~ Special When: ~Workshop ~ Consent Ordinance/Resolution Required: Recommendation: ~ Department Head Signature: Yes ~ Draft Attached: Yes/~ Ci.ty Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: ~ Account # & Description: Account Balance: City. Manager Review: HoldApproved for agenda~ / No~ Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 SOLID WASTE, VEGETATIVE WASTE A~ RECYCLING COLLECTION SERVICES BiD NO. 2001-21 ~e~x'*u&~' 27, 2001 City Ma~ ~gertCi ,ty Commission Draft CITY OF DELRAY BEACH 100 NW 1sr AVENUE DELRAY BEACH, FLORIDA 33444 PROJECT MANAGER FOR BID- JOSEPH SAFFORD (561) 243-7116 DESCRIFFION TABLE OF CONTENTS PAGE NO. Table of Contents ......................................................................... TOC-1 Invitation to Bid ............................................................................ ITB-1 General Terms and Conditions ........................................................ GTC 1-3 Special Terms and Conditions .......................................................... STC 1-3 Franchise Agreement ......................................................... 1-36 + 3 Exhibits Drug-Free Workplace Certification Form .............................................. DFW-1 Bid Bond ................................................................................... BB 1-2 Florida Performance Bond ................................................................ PB 1-4 Florida Payment Bond ................................................................... PYB 1-4 Limited Power of Attorney .............................................................. LPA 1-2 Bid Proposal Forms ........................................................................ BPF- 1 Other Information to Bidders ................................................................ x Residential Solid Waste, Vegetative Waste, and Recycling Route Map Commercial Solid Waste Containers Commercial Recycling Containers Commercial Front-Load Compacting Containers Commercial Roll-Off Compacting Containers Bid Proposal Form Bid Submission Form TOC-1 INVITATION TO BID Solid Waste, Vegetative Waste and Recycling Collection Services Bid No. 2001-21 The City of Delray Beach invites sealed bids for above services. The City must receive all bids at the Purchasing Office in City Hall located at 100 NW 1~t Avenue, Delray Beach, Florida 33a. a.n. no later than 2:00 p.m on Friday, April 20, 2001. Interested parties are invited to attend a non-mandatory pre-bid conference commencing at 9:00 a.m. on Friday, March 2, 200lin the City Manager's Conference Room located in City Hall, 100 NW 14 Ave., Delray Beach, Flonda. For ~lditional information contact the Purchasing Department at (561) 243-7163 ITB-1 GENERAL TERMS AND CONDITIONS SOLID WASTE, VEGETATIVE WASTE AND RECYCLING COLLECTION SERVICES mD NO. 2001-21 These documents constitute the complete set of specifications and bid forms. All pre-qualification documents and bid forms must be executed and submitted in separate sealed envelopes as instructed in Special Terms and Conditions The face of the mailing envelopes shall contain the bid description and number (as noted), Bidder's name, return address, and the date and time the bid is due and either the words "Pre-qualification Documents Enclosed" or "Bid Documents Enclosed" to distinguish the two envelopes. Pre-qualification documents and Bids not submitted in separate properly marked envelopes and on the enclosed bid forms may be rejected at the option of the City. By submitting a bid the Bidder agrees to be subject to all terms and conditions specified herein. No exceptions to the terms and conditions shall be allowed. Submittal of a b~d in response to this Invitatmn to Bid constitutes an offer by the Bidder. 1. EXECUTION OF BID: Bid must contain a manual signature in ink of an authorized representative who has the legal authority to bind the Bidder in conwactual obligations. Bid must be typed or legibly printed in ink. Use of erasable ink is not permitted. All corrections made by Bidder to any part of the bid document must be imt~aled in ink. The Bidder may not alter a bid after the bid deadline 2. BID DEADLINE: All bids must be received by the City at the Purchasing Office in City Hall located at 100 NW 1a Avenue, Delray Beach, Florida 33444 no later than 2'00 p.m on Friday, April 20, 2001 Under no circumstances shall bids delivered after the time specified be considered and such bids shall be returned unopened It is the Bidder's sole responsibility to assure that their bid is complete and delivered at the proper time and to the proper place Offers by facsimile, telegram or telephones are not acceptable 3. TAXES: The City is exempt from Federal excise and State sales taxes on direct purchases of tangible personal property Contractors or vendors doing business with the City shall not be exempted from paying these taxes to their suppliers for materials to fulfill contractual obligations with the City. No contractor or vendor shall be authorized to use the City's tax exemption number for the purchase of these materials. 4. MISTAKES ON BID DOCUMENTS: Bidders are expected to carefully review all specificaaons, b~d prices, extensions as well as all instructions in this bid. Failure to do so will be at B~dder's risk In the event of addition or extension error(s), the unit price will prevail and the Bidder's total offer will be corrected aecordmgly. Written amounts shall take precedence over numerical amounts. The Bidder must miaal any bid erasures or corrections in ink. 5. ADDITIONAL TERMS AND CONDITIONS: No additional terms and conditions included by the Bidder with the bid response shall be evaluated or considered. Any and all such additional terms and conditions shall have no force and effect, and are inapplicable to this bid if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters. It is understood and agreed that the general and/or special conditions in these bid documents are the only conditions applicable to ttus bid and Bidder's authorized signature on the Bid Form attests to this. 6. INTERPRETATIONS: All Bidders shall carefully examine the Bid Documents. Any ambiguities or inconsistencies shall be brought to the attention of the City in writing prior to the bid deadline. Failure to do so, on the part of the Bidder, will constitute an acceptance by the Bidder of any subsequent decision needed to clarify an ambiguity or inconsistency. Any questions conceming the intent, meaning or interpretations of the Bid Documents shall be requested in writing and received by the City at least ten (10) days prior to the bd GTC-1 deadline. Inquiries shall be addressed to the Purchasing Supervisor with a copy to the Project Manager. No person is authorized to give oral interpretations of; or make oral changes to the bid. Therefore, oral statements given before the bid deadline will not be binding. Any interpretation of, or changes to, the bid will be made in the form of a written Addendum to the bid and will be furnished to all Bidders. The Bidders shall acknowledge receipt of all addenda in the appropriate place on the B~d Form 7. CONFLICT OF INTEREST: All Bidders must disclose with their bid the name of any officer, director, agent, or any relative of these persons who is also an employee of the City. In addition, all Bidders must disclose the name of any City employee or elected official who owns, either directly or indirectly, an interest of five percent (5 %) or more of the Bidder's finn or any of its branches. 8. LEGAL REQUIREMENT: Bidders are required to comply with all provisions of Federal, State, County and local laws and ordinances, roles and regulations, that are apphcable to the items being bid. Lack of knowledge by the Bidder shall in no way be a cause for relief fi.om responsibility, or constitute a cognizable defense against the legal effect thereof. 9. DRUG-FREE WORKPLACE (DFW): Preference shall be given to a business with Drug-Free Work Place (DFW) programs. Whenever two or more bids are received by the City, that are equal with respect to price, quality, and service, a bid received fi.om a business that has completed the attached DFW Form shall be given preference in the award process. 10. PUBLIC ENTITY CRIMES: Pursuant to F.S.287.13, as amended, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for a period of 36 months from the date of being placed on the convicted vendor list. 11. AWARDS: The City reserves the fight to make award(s) by individual item, group of items, "All or None'; or a combination thereof, with one or more suppliers; to reject any or all bids, to waive any minor irregularity or technicality in the bids received. At its (the City's) sole discretion, the City may request a re-bid Bidders are cautioned to make no assumptions until the City has entered into a contract. 12. EQUAL EMPLOYMENT OPPORTUNITY (EEO) STATEMENT: The City is conmutted to assuring equal oppormmty m the award of contracts, and, therefore complies with all laws probab~tmg discrimination on the basis of race, color, religion, national origin, age or sex. 13. CONTRACTUAL AGREEMENT: The terms, conditions, and provisions in this Invitation to Bid shall be included and incorporated in the final contract. The order of precedence will be Bid Document and response, contract, and general law. Any and all legal action necessary to enforce a contract will be interpreted according to the laws of Florida. The venue shall be Palm Beach County, Florida 14. FACILITIES: The City reserves the right to inspect the Bidder's facilities at any reasonable time, during normal working hours, with prior notice to determine that Bidder has a bona fide place of business and ~s a responsible Bidder. Award recipient will be required to maintain an office and equipment yard m Palm Beach County. 15. DISQUALIFICATION OF BIDDER: More than one bid from an individual, finn, partnership, corporation, or association under the same or different names will not be considered Reasonable grounds for believing that a Bidder is involved in more than one bid for the same work will be cause for rejection of all bids in which such Bidders are believed to be involved. Any or all bids will be rejected if there is reason to beheve that collusion exists between any or all Bidders. Bids in which the prices obwously are unbalanced will be subject to rejection. 16. ADJUSTMENTS/CHANGES/DEVIATIONS: No adjustments, changes or deviations shall be accepted unless conditions or specifications of a bid expressly so provide. Any other adjustments, changes or deviations shall require prior written approval and shall be binding only if ~ssued by the City's Purchasing Division. The Bidder shall bear sole responsibility for any and all costs of claims arising from any adjustments, changes, or deviations not properly executed as required herein. 17. GOVERNMENTAL RESTRICTIONS/IMPOSITIONS: In the event that any authorized govemmental restrictions are imposed which would necessitate alteration of the performance of the services offered on flus GTC-2 Bid prior to delivery, it shall be the responsibility of the Bidder to notify the City at once. The City reserves the right to require a re-bid in fins case. 18. PUBLIC RECORDS: Upon award recommendation or ten (10) days af~ bid opening, whichever is earlier, any m~aterial submitted m response to this invitation to bid will become a "public record" and shall be subject to public disclosure consistent with Chapter 119 Horida Statutes (Public Records Law) Bidders must claim the applicable exemptions to disclosure provided by law in their response to the Invitaaon to Bid by identifying materials to be protected, and must state the reasons why such exclusion from pubhc disclosure is necessary and legal The City reserves the right to make any final determination of the apphcability of the Public Records Law. NOTE: ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. GTC-3 SPECIAL TERMS AND CONDITIONS SOLID WASTE, VEGETATIVE WASTE AND RECYCLING COLLECTION SERVICES BID NO. 2001-21 1. PRE-BID CONFERENCE: Interested parties are invited to attend a non-mandatory pre-bid conference commencing at 9:00 a.m. on Friday, March 2"d in the City Manager's conference room on the 2"a floor of City Hall, 100 NW 1~ Avenue, Delray Beach, Florida. This conference will address pre-qualification and the bid process for the collection of solid waste, vegetative waste and recycling collection serwces for the City of Delray Beach. The bid package will be distributed prior to this meeting. Any suggested modifications may be presented in writing or discussed with the City's representatives for possible inclusion as an Addendum to the bid package. 2. BID DEADLINE AND OPENING: The Bid consists of two parts, a pre-qualification of vendors and the bid itself. Both the pre-qualification documentation and the Bid Forms are to be submitted in separate, sealed envelopes. The City must receive both envelopes at the Purchasing Office in City Hall located at 100 NW 1~ Avenue, Delray Beach, Florida 33444 no later than 2:00 p.m. on Friday, April 20, 2001. 3. BID OUTLINE (RESIDENTIAL): The Bidder will be supplied with a current route map of the City of Delray Beach with Monday-Saturday residential collection services. The entire residential area east of the intra~ waterway is serviced using a rear-door collection of garbage and curbside bulk trash, vegetative waste and recycling. The Sherwood Park Subdivision and Spanish Wells Subdivision, which are west of the intra-coastal waterway, are also serviced rear-door with curbside bulk trash, vegetative waste and recychng. Three additional multi-family subdivisions west of the intm-coastal Crligh Point, Country Manors, Imperial Villas) are serviced curbside with disposable bags and centrah:,ed vegetative waste, recycling and bulk trash. The remaining single family homes, duplexes, triplexes and quadplexes are serviced curbside in rollout carts with curbside bulk trash, vegetative waste and recycling. These rollout carls are prim~arily 95-gallon sizes with some 33-gallon sizes and some 68-gallon sizes. The rollout carts are serviced w~th a mechanical lif~r mounted on a rear-load packer. Other multi-family units are serviced vath either dumpster containers or compactors. It is the intent of this bid to have all residential units charged a per unit fee for collection costs (disposal charged by SWA) and not have any container rental, maintenance, pull charges or other container fees separately billed to any residential customer. It is the intent of this bid to have all residential units billed by the City and not the Contractor. The Contractor shall also collect household trash~ bulk trash and vegetative solid waste from vacant lots at no additional charlle. 4. BID OUTLINE (COMMERCIAL): Commercial customers are either served with residential containers (garbage cans or rollout cans), dumpster containers, or compactors. The bidder will be supphed w~th a matrix showing number of commercial containers, sizes, and fxequency of pickup. The bidder vail also receive total cubic yards of commercial waste The successful Bidder should solicit small businesses to use and be charged for residential recycling bins to encourage more commercial recycling efforts. It is the intent of this bid to have all small businesses that are served with the 95-gallon containers billed at residential curbside rollout cart rates plus disposal fees and all other businesses charged on a fixed rate per month for a container (dtunpster or compactor) based upon their frequency of pickup. 5. BID OUTLINE (SPECIAL SERVICE): The City currently has a full-time clamshell track with driver assigned to Code Enforcement. This vehicle plus driver is used primarily to pickup piles of vegetative material or bulk trash that have been put out too early. This truck and driver are in addition to the crews assigned to regular vegetative or bulk trash pickup routes during the week It is the intent of this bid to have this additional clamshell truck and driver service continue and be assigned to Code Enforcement. STC-1 6. BID OUTLINE (GOVERNMENT CONTAINER SERVICES): The City presently receives rollout cart and container collection services for its facilities at no charge. It is the intent of this bid to have this free rollout cart and container collection service for all City government facilities continue and, in addition, add approximately 5 dumpster containers for downtown commercial recyclin~ efforts. 7. BID OUTLINE (SPECIAL EVENT CONTRIBUTIONS): The City presently receives free cardboard receptacle containers and collection service at all City-sponsored special events provided at no charge up to $10,000 in value. It is the intent of this bid to have this $10~000 worth of containers and service for special events continue. 8. BID BOND/SECURITY: Bid must be acco~ed by a certified cashier's check or a Bid Bond in the amount of 5% of the total bid. Checks should be made payable to City of Delmy Beach. Unsuccessful Bidders shall have their bid deposit returned upon execution of a contract with the successful Bidder. The successful Bidder will have his deposit returned upon receipt and acceptance of a Performance Bond. Under no circmnstances shall the successful Bidder start work until he/she has supplied an acceptable performance bond If the successful B~dder fails to supply a performance bond, as specified in the Bid, the City shall be entitled to retain the bid deposit to rectify the Bidder's unacceptable performance 9. PERFORMAN~ BONDS: Bonds are required from the successful Bidder. Bond amounts are set m the Specification/Franchise Agreement section of this bid. 10. MINIMUM BIDDER REQUIREMENTS FOR PRE-QUALIFICATION: All Bidders must prove to the satisfaclaon of the City that they meet the minimum requirements as described below. All Bidders must submit all of the documentation required. The documentation should be brief, clearly written and to the point. Failure to submit all of the required documentation shall be cause for disqualification of the Bidder at the chscretion of the C~ty. Experience: Bidder entity must have a minimum of five years successful experience in collecting residential solid waste (curbside and rear-door, using owner container and rollout carts), residential containerized solid waste (dumpsters and compactors), residential vegetative waste, residential recycling materials, and commercial solid waste and recycling (containerized and non-containerized). A summary of awarded and serviced comparable jobs for the past 5 years must be provided. This summary should include the name of the entity serviced, address, description of job, dates of service, residential customer count, commercial container count and a contact person with phone number The Bidder should have experience collecting solid waste and recyclable materials from a population size comparable to the C~ty of Delray Beach. Financial Stability: Bidder must include a copy of a financial report or annual report and a statement that reflects the financial stability of the Bidder entity. Bidder must include information on any prior or current bankruptcy proceedings or serious financial difficulties and a summary of any litigation filed against the Bidder in the past five years related to the services provided by the Bidder in the regular course of business. Acceptable Resources: Bidder must provide a list of facilities, equipment, and personnel available to do the work being bid or a certified statement of financial capability from a financial institution demonstrating the Bidder's ability to acquire the necessary assets to perform the work specified in the b~d All collection vehicles shall be in good working order and sufficient to meet the Franduse Agreement If the Bidder chooses to provide a statement of financial capability, the Bidder must list the quantity, type and cost of assets to be acquired and then must show that the funds are available in the fmanclal statements to purchase ttus equipment and hire the personnel necessary to conduct operations on the Bid STC-2 Bonding Company Commitment: Bidder must provide a letter of commitment from a State of Florida licensed bonding company to provide a performance bond in the amount specified in the Bid. A pre-qualification committee consisting of the Project Manager, City Attorney or her designee, Purchasing Supervisor, the Contract Administrator (Code Enforcement Administrator), and Customer Services Manager shall examine the pre-qualification documents submitted in the "Pre-Qualific~on" envelope to determine the responsiveness and the responsibility of each Bidder. Any Bidder found non-responsive and/or not meeting the qualifi~ons, by majority vote, shall have their collection franchise bid envelope returned unopened The pre-qualification committee will base its recommendations primarily on the submitted documents and a cheek of the references provided with the bid. However, the committee reserves the fight to make additional inquiries, interviews, make site visits, obtain credit repons, or any other actions it deems necessary to fairly evaluate all Bidders. The committee may at its sole discretion reject a Bidder or pre-qualify a Bidder. Those Bidders that successfully pre-qnali~ shall have their bids opened on Friday, April 27, 2001 at 9:00 a.m in the City_ Commission Chambers located in City Hall at 100 NW 1't Avenue, Delray Beach, Florida. 11. DISPOSAL COSTS: Disposal cost figures are provided mmually by the Solid Waste Authority 12. SPECIAL SERVICES COSTS: The cost of special services such as rolling out containers, locks, etc. are set by the City and published in the Specification/Franchise Agreement section of the bid. 13. CONTAINER COSTS: The City has set the rental or maintenance rates for containers for commercial customers Residential customers are to be billed a per unit rate only. These rates are published in the Specification/Franchise Agreement section of the bid. 14. SPECIFICATION/FRANCHISE AGREEMENT: The City has included a "Solid Waste, Vegetative Waste, and Recycling Collection Franchise Agreement" section of the bid. This document fully describes residential and commercial solid waste, vegetative waste, and recycling collection requirements. All bidders need to fully read this entire document. 15. SUBMITTAL INSTRUCTIONS: Bidder shall make sure that all required documentation is included, is properly signed, addenda acknowledged, envelopes are properly identified and that both envelopes are sealed. PRE-QUALIFICATION ENVELOPE: The following is to be included in this envelope s) A statement containing record of experience, training, years of experience, references, etc List of facilities, equipment, personnel and/or proof of financial capability, etc. · Letter of commitment from a State of Florida licensed bonding company. The company shall be rated by Best or Standard & Poors with a rating of A- or better. · Bid bond · Drug Free Workplace Affidavit BID FORMS ENVELOPE: This envelope should contain the completed Bid Form provide in the bid package. The form needs to recognize any and all addenda issued and needs to be executed by a person qualified to represent the Bidder. STC-3 RES~ENTIAL AND COMMERCIAL SOLID WASTE, VEGETATIVE WASTE AND RECYCLING COLLECTION FRANCmSE AGREEMENT CITY OF DELRAY BEACH And BID NO. 2001.,21 2. 3. 4. TABLE OF CO~ I SERVICES PROVIDED BY CONTRACTOR ............................................................. 7 SOLID WASTE AND VEGETATIVE WASTE COLLECTION SERVICE ............... 8 Ao Bo Co Curbside or Rear Door Residential Solid Waste and Curbside Vegetative Waste Collection Services ............................................................................................. 8 1. Conditions and Frequency of Service ..................................................... 8 2. Accessibility ............................................................................................ 8 Containerized Residential Solid Waste Collection Services ............................... 9 1. Conditions and Frequency of Service ................................................... 10 2. Method of Collecting ............................................................................ 10 Commercial Solid Waste Collection Service .................................................... 10 1. Conditions and Frequency of Service ................................................... 10 2. Method of Collecting ............................................................................ 11 3. Level, Type and Disclosure of Rates for Commercial Collection And Other Services ............................................................................... 11 a. Commercial Collection Service ................................................. 12 b. Disclosure .................................................................................. 12 Method of Payment .......................................................................................... 15 Hours of Collection ........................................................................................... 15 Routes and Schedules ....................................................................................... 15 RECYCLING COLLECTION SERVICE ................................................................... 16 Bo Curbside Residential Recycling Collection Services ........................................ 16 1. Conditions and Frequency of Service ................................................... 16 2. Accessibility for and Manner of Curbside Recycling Collection .......... 16 3. Recycling Containers ............................................................................ 16 Containerized Residential Recycling Collection Services ................................ 17 1. Conditions and Frequency of Service ................................................... 17 2. Accessibility and Schedule for Containerized Residential Recycling Collection ............................................................................. 17 Commercial Recycling Collection Service ....................................................... 17 1. Conditions and Frequency of Service ................................................... 17 TOC-~- Do E. F. G. H. I. J. 2. Level, Type and Disclosure of Rates for Commercial Recycling Collection and Other Services .............................................. 18 3. Ownership ............................................................................................. 19 Method of Payment .......................................................................................... 19 Hours of Collection ........................................................................................... 19 Routes and Schedules ....................................................................................... 20 Replacement of Recycling Containers for Residential Dwelling Units ............ 20 Manner of Collection ........................................................................................ 21 Material Recycling Facility ............................................................................... 21 Change in Scope of Recycling Collection Service ............................................ 21 6. CHARGES, RATES AND LEVEL OF SERVICES ................................................... 21 Ao B. C. D. E. F. G. Solid Waste and Recycling Collection Rate Adjustments ................................ 21 City's Obligation - Billing, Collection and Payments ...................................... 22 Solid Waste Disposal Costs .............................................................................. 22 Extraordinary Rate Adjustment ........................................................................ 23 Administrative Fee ............................................................................................ 23 Franchise Fee ........................................................................................ 23 Rollout Cart Replacement Fee ....................................................... 23 7. HOLIDAYS ................................................................................................................. 23 8. SPECIAL SERVICES .................................................................................................. 24 9. PUBLIC AWARENESS PROGRAM ......................................................................... 24 10. MANNER OF COLLECTION .................................................................................... 24 11. PERSONNEL OF THE CONTRACTOR ................................................................... 24 12. SPILLAGE ................................................................................................................... 25 13. SOLID WASTE AND MATERIAL RECYCLING FACILITIES .............................. 25 14. COLLECTION EQUIPMENT .................................................................................... 25 15. VEGETATIVE WASTE .............................................................................................. 26 16. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE AND SLUDGE ................................................................... 26 17. OFFICE AND EQUIPMENT YARD .......................................................................... 26 TOC-2 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. COMPLAINTS ............................................................................................................ 26 QUALITY OF PERFORMANCE OF CONTRACTOR ............................................. 27 A. Filing of Requested Information and Documents ............................................. 29 NATURAL DISASTERS ............................................................................................. 29 UNCONTROLLABLE CIRCUMSTANCES .............................................................. 30 PERMITS AND LICENSES ........................................................................................ 30 PERFORMANCE BOND ........................................................................................... 30 EMPLOYEE WAGES AND BENEFITS .................................................................... 31 INSURANCE ............................................................................................................... 31 A. Worker's Compensation Insurance ................................................................... 31 B. Liability Insurance ............................................................................................ 31 INDEMNIFICATION .................................................................................................. 31 ACCESS AND AUDITS ............................................................................................. 31 POINT OF CONTACT ................................................................................................ 32 NOTICE ....................................................................................................................... 32 DEFAULT OF CONTRACT ....................................................................................... 32 PUBLIC WELFARE .................................................................................................... 34 RIGHT TO REQUIRE PERFORMANCE .................................................................. 35 TITLE TO WASTE ...................................................................................................... 35 GOVERNING LAW AND VENUE ........................................................................... 35 COMPLIANCE WITH LAWS .................................................................................... 35 SEVERABILITY ......................................................................................................... 35 ASSIGNMENT AND SUBLETTING ......................................................................... 37 TOC-3 38. 39. 40. 41. 42. 43. 44. 45. MODIFICATION ........................................................................................................ 36 INDEPENDENCE OF AGREEMENT ....................................................................... 36 ANNEXATIONS ......................................................................................................... 36 CHANGE OF LAW ..................................................................................................... 36 OTHER RATE ADJUSTMENTS ............................................................................... 36 PUBLIC ENTITY CRIMES ........................................................................................ 36 SUBSTANTIAL COMPLIANCE ................................................................................ 37 AGREEMENT EXECUTION ..................................................................................... 38 Approved Rate Schedules Payment Adjustment Schedule Performance Bond Requirements TOC-4 SOLID WASTFo VEGETATIVE WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT This Agreement is hereby made and entered into this __ day of ,2001, between the CITY OF DELRAY BEACH, a municipal corporation, (hereinafter referred to as "City") and (hereinafter referred to as "Contractor"). In consideration of the mutual benefits, the parties herein agree as follows: The term of this Agreement shall be for the period beginning October 1, 2001, and expiring September 30, 2006. This Agreement is renewable for a five-year term upon approval of both parties. 2. DEFINITIONS: To the extent the definitions contained herein conflict with similar definitions contained in any federal, state or local law, the definition herein shall prevail. However, nothing contained herein shall be interpreted to require the Contractor to undertake any conduct that is contrary to federal, state or local law A. Authority shall mean the Solid Waste Authority of Palm Beach County. Biohazardous or Biomedical Wastes shall mean those wastes which may cause disease or reasonably be suspected of harboring pathogenic organisms; included, but not limited to, waste resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. Bulk Trash shall mean any non-vegetative item which cannot be containerized, bagged, or bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool heaters, water so~eners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar domestic appliances, household goods and furniture. Bulk Trash shall not be commingled with Vegetative Waste. There shall be no weight limit for any item of Bulk Trash. - 1 - Collection shall mean the process whereby solid waste (Garbage, Trash, Bulk Trash), Vegetative Waste or Recyclable Material is removed and transported to a Designated Facility. Commercial Recycling Collection Service shall mean the Collection of Recyclable Materials by the Contractor for entities within the City service area that are not serviced by a Residential Recycling Collection Service. F. Commercial Solid Waste shall include any Garbage, Bulk Trash, Trash or Vegetative Waste that is not Residential Solid Waste. Substantial effort shall be made not to commingle Garbage, Trash or Bulk Trash with Vegetative Waste Ge Commercial Solid Waste Collection Seivice shall mean the collection of Commercial Solid Waste within the City service area. Such service includes both Containers and Compactors, but does not include Roll-offCollection Services. Compactor shall mean any container that has an all inclusive compaction mechanism(s), whether stationary or mobile. Construction and Demolition Debris (C&D) shall mean materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, roofing material, pipe, gypsum wallboard, and lumber fi.om the construction or destruction of a structure as part of a construction or demolition project Mixing of a small amount of waste other than C&D from the construction site will not automatically cause it to be classified as other than C&D J. Container shall mean and include any container designed or, intended to be, mechanically dumped into a loader packer type truck or recycling vehicle All Containers must be of the specifications as designated by the Contract Administrator, in writing. Containerized Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Contractor fi.om Dwe~g Units in the Service Area that require the use of Containers for the collection of Recyclable Materials, which also receives Residential Collection Service for solid waste, and the delivery of those Recyclable Materials to the Materials Recycling Facility. L. Containerized Residential Solid Waste Collection Service shall mean solid waste collection service of all Dwelling Units whose Garbage, Trash, Bulk Trash or Vegetative Waste is collected by means of a central or shared Container and not by means of a Garbage Can. Vegetative Waste shall not be commingled with Garbage, - 2 - OJ Se Ye Ve Trash, or Bulk Trash. Contract shall mean this Agreement Contractor shall mean that person or entity set out initially above that has entered into this Agreement to provide the services described herein for the City. Contract Administrator shall mean the person designated by the City who shall act as the City's representative during the term of this Agreement. This person shall be the Code Enforcement Administrator. County shall mean Palm Beach County. Curbside Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Contractor fi.om all residential Dwelling Units in the City's service area This service also includes the delivery of those Recyclable Materials to a Designated Facility. Curbside Residential Solid Waste Collection Service shall mean Residential Solid Waste and Vegetative Waste Collection service for all Dwelling Units whose Garbage is collected by means ora rollout cart or bag at curbside or roadway. Designated Facility shall mean the City of Delray Beach transfer station that is leased to the Solid Waste Authority of Palm Beach County. Dwelling Unit shall mean any type of structure or building unit intended for or capable of being utilized for residential living other than a licensed Hotel or Motel unit. Fiscal Year shall mean the period between October 1 of a given year and September 30 of the following year during this Comract. Garbage shall mean all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results fi.om the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities Vegetative Waste shall not be commingled with Garbage in the same collection vehicle. Garbage shall not include any material that falls within the definition of Special Waste - 3 - We Garbage Can shall mean any commonly available light gauge steel, plastic, or galvanized receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). This type container is used for rear-door collection. A Garbage Can is also defined as a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Such container including waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in weight This bag is used for curbside pickup in designated areas A Garbage Can is also defined as a rollout can presently used within the City for curbside service. This cart is presently 33 gallons, 65 gallons, or 95 gallons. The larger carts require a semi-automated collection system with specialized lifters mounted on collection vehicles. These ILffers must meet the specifications of our rollout cart supplier A cardboard box may also be used as a Crarbage Can, provided the contents do not contain a level of moisture so as to saturate the box and weaken its walls Xe Hazardous Waste shall mean solid waste as defined by the State of Florida Department of Environmental Regulation as a hazardous waste in the State of Florida Administrative Code, or by any future legislative action or by federal, state or local law Ye Hotel or Motel shall mean a structure or building unit(s) capable of being utilized for residential living where such a unit or a group of such units is regularly rented to transients or held out or advertised to the public as a place regularly reined to transients for periods of seven days or less. To meet this definition, the Hotel or Motel must be licensed to operate as such. "Transient" has the meaning as defined in Chapter 509, Florida Statutes (1987), or its successor law. Materials Recycling Facility (MRF) shall mean any facilities operated or managed by, for or on behalf of the Authority for the purpose of receiving, sorting, processing, storing, and/or preparing Recyclable Materials for sale AAe Mixed Paper shall be defined as a mixture of paper products including magazines, catalogues, phone books, cereal boxes, soda and beer can boxes, chipboard, file folders, envelopes, letter paper, junk mail, notebook paper and any other clean paper products. BB. Peak Times shall mean the period between November 1 of a given year and April 30 of the following year, unless otherwise specified by the City. CC. Public Awareness Program shall mean that program developed by the City to inform and encourage residential and commercial solid waste collection customers to use all solid waste and recycling collection services offered by the City through the Contract. It shall also mean information concerning level of service and changes in scope of service. - 4 - DD. EE. GG* Rear-Door Residential Solid Waste Collection Service shall mean Residential Solid Waste service for all Dwelling Units whose Garbage is collected by means of a Garbage Can at the side or rear of a residence. This service will not include Bulk Trash, Vegetative Waste and recycling which is only serviced curbside. Recydable Materials shall mean newspapers (including inserts), aluminum, plastic containers, glass bottles and jars, milk and juice cartons, aseptic containers, corrugated cardboard, brown paper bags, Mixed Paper, tin and ferrous cans, household dry-cell batteries (no wet-cell batteries), and other solid waste materials added by the Solid Waste Authority, when such materials have been either diverted fi-om the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. Recycling Container shall mean a rigid container made of plastic or other suitable substance that is used for the storage of Recyclable Materials. Residential Recycling Collection Service shall mean Curbside Residential Recycling Collection Services and Comainerized Residential Recycling Collection Service Residential Solid Waste shall mean Garbage, Trash and Bulk Trash resulting fi-om the normal housekeeping activities of a Dwelling Unit, but shall not include Vegetative Waste. Residemial Solid Waste shall also mean Construction and Demolition Debris (C&D) resulting fi-om minor home repair fi-om the Dwelling Unit. Residential Solid Waste Collection Service shall mean Curbside or rear-door Residential Solid Waste Collection Service and/or Containerized Residential Solid Waste Collection Service. Roll-off Collection Service shall mean the Collection of C&D only roll-off comainers, or the Collection of C&D by other mechanical means, within temporary locations in the Service Area, limited to new construction sites and remodeling or refurbishment sites Roll-offCollection Service shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use roll-off comainers for horticultural or agricultural waste, and horticultural and agricultural waste shall not include any other type of waste, including, but not limited to, Special Waste, Garbage or Recyclable Material. Service Area shall mean that portion of the incorporated area of the City as described in the City map provided, for which the Comractor has been granted an exclusive fi-anchise. - 5 - MM! N'No OO. PP. QQ. Sludge shall mean a solid or semi-solid, or liquid generated fi.om any waste water treatment plant, water supply treatment plant, ak pollution control facility, septic tank, grease trap, portable toilets and related operations, or any other such waste having similar characteristics or effects Special Services shall mean any services requested or required by the customer which are in addition to, or a change in, Residential Solid Waste Collection Service, Residential Recycling Collection Service, Commercial Recycling Collection Service and Commercial Solid Waste Collection Service as set out or similar to those listed in Exhibit II. Special Waste shall include automobiles, boats, internal combustion engines, non- automobile tires, Sludge, dead animals, septic tank waste, Biohazardous or Biomedical Waste, liquid waste, and Hazardous Waste. Special Waste may also include items determined by the Contract Administrator to be reasonably unmanageable. Trash shall mean all refuse, accumulation of paper, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than Garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, but shall not include Vegetative Waste Uncontrollable Forces shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Vegetative Waste shall mean any vegetative matter resulting fi.om yard and landscaping maintenance by any party and shall include materials such as tree and shrub materials, grass clippings, palm fi.onds, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards All grass clippings, leaves, pine needles, and similar small loose items must be bagged or containerized Vegetative Waste, except palm fronds, must be no more than six (6) feet in length and no single item shall weigh more than 50 pounds, and shall be placed neatly at the curb Natural Christmas trees will be collected as Vegetative Waste and must not be more than 8 feet in length and must be less than 50 pounds. - 6 - SERVICES PROVIDED BY CONTRACTOR: Contractor shall provide mandatory Residential Solid Waste Collection Services and Residential Recycling Collection Service in the City's service area. The right to provide such Collection Services in the City's service area shall be exclusive to the Comractor. The City will be responsible for the billing and collection of payments for the Residential Solid Waste Collection Service and the Residential Recycling Collection Service. No disposal costs are to be billed to residential customers by the City since they are billed on the tax bills by the Authority. The Contractor shall provide mandatory Containerized Residential Solid Waste Collection Services and Containerized Residential Recycling Collection Service in the City's service area. The right to provide such Collection Services in the City's service area shall be exclusive to the Comractor. The City will be responsible for the billing and collection of payments for the Containerized Residential Solid Waste Collection Service and the Containerized Residential Recycling Collection Service. No disposal costs are to be billed to residential customers by the Contractor since they are billed on the tax bills by the Authority The Contractor shall provide mandatory Commercial Solid Waste Collection Services in the City's service area, which service can consist of containers or compactors and shall be an exclusive right to the Contractor. The Contractor shall be responsible for the billing and collection of Commercial Solid Waste Collection Services and disposal costs not being billed and collected by the Solid Waste Authority or its designee Roll-off Collection Services shall be exclusive to the Contractor. Not withstanding any other provision of this Agreement, Collection of waste contained in roll-off comainers excluded from Roll-off Collection Services for commercial businesses in the City's service area is exclusive to the Contractor. The Comractor shall be responsible for the billing and collection of Commercial Solid Waste Collection Services and disposal costs not being billed and collected by the Solid Waste Authority or its designee. The Contractor shall provide Commercial Recycling Collection Services in the City service area upon request by the Customer or the City, or through the solicitation efforts of the Contractor Commercial Recycling Collection Services are not exclusive to the Contractor in the City service area. The Contractor shall use good faith and its best efforts to cooperate with any commercial recycling firms providing recycling services to customers in the City's service area. - 7 - e SOIJD WASTE AND VEGETATIVE WASTE COIJJECTION SERVICE: Ae Curbside or Rear-Door Residential Solid Waste and Curbside Vegetative Waste Collection Services: The initial Curbside or Rear-Door Residential Collection Service provided by this Agreement shall be as set forth in this Section 4A and shall continue until such time as the Contract is terminated. Conditions and Frequency of Service: All Curbside and Rear-Door Residential Solid Waste and Curbside Residential Vegetative Waste shall be properly containerized or otherwise prepared for collection Vegetative Waste shall be separated from Residential Solid Waste All Curbside Residential Solid Waste Collection Service, except for permitted holidays, shall be provided twice per week, unless options of service (Exhibit ll) are implemented, with not less than forty-eight (48) hours nor more than seventy-two (72) hours between regularly scheduled pick-up days. Vegetative Waste must be placed curbside at an accessible pick-up location. If the customer has moderately commingled Residential Solid Waste and Vegetative Waste, the Contractor shall separate the Residential Solid Waste fi'om the Vegetative Waste and collect the materials separately. Vacant lots will be serviced at no additional charge Trash, Bulk Trash, and Construction and Demolition Debris (C&D) resulting from minor home maintenance and repair will be collected curbside C&D may include, but is not limited to, drywall, lumber, fencing, roofing material, concrete blocks and paneling Collection of C&D shall be limited to no mom than 4 cubic yards per collection per dwelling unit In the event Bulk Trash contains Chloroflorocarbons (CFC's), the Contractor shall collect the Bulk Trash item separately, in a non-compacting vehicle, and deliver the item, with every attempt not to release the CFC's into the atmosphere, to the Solid Waste Authority landfill or to a scrap dealer located in Palm Beach County. Them shall be no weight limit for any Bulk Trash item. The Vegetative Waste service day shall be on the first day of the two-scheduled route days. Vegetation shall be collected on the Vegetative Waste service day Vacant lots shall be serviced at no additional charge. J Accessibility: The edge of all Residential Solid Waste and Vegetative Waste to be collected Curbside must be placed within six (6) feet of the curb, paved surface of the public road, closest accessible public right-of-way, or other such location agreed to by the Contractor that will provide a safe and efficient accessibility to the Contractor's collection crew and vehicle. In the event there is insufficient space between the curb and the sidewalk to place Residential - 8 - Be Solid Waste and Vegetative Waste, the edge of all Residential Solid Waste and Vegetative Waste to be collected shall be within two (2) feet of the sidewalk. Where the resident of a dwelling unit is physically unable to deliver Residential Solid Waste or Vegetative Waste to curbside and this is certified by the Contract Administrator, or the residential structure is located in such a manner as to provide non-accessibility to the Contractor's crew or vehicle, an alternative location may be arranged between the customer and the Contractor at no extra cost to the customer. In the event an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and designate the location for pick-up. If the resident requests Special Services, these services shall be billed directly to the customer by the Contractor in accordance with Exhibit II. In the event that a Special Service request is not listed in Exhibit 1I, such charges shall then be established through negotiations between the Contractor and the customer. In the event the customer and the Contractor cannot reach an agreement on the cost, the Contract Administrator shall determine the cost. Containerized Residential Solid Waste Collection Services: The Contractor shall provide Containerized Residential Solid Waste Collection Service to all Dwelling Units in the Service Area that are suitable to receive such service. Normal Collection service, not including Bulk Trash collection, shall be twice per week. However, the customer may elect to receive once a week service during off'Peak Times of the year and up to three times per week Collection service during Peak Times, as required, at no additional cost to the customer (as long as the average is two times per week on an annual basis). The size and location of the Container and frequency of collection (more than the minimum of once per week) shall be determined by the Contractor and the residential complex in accordance with this Agreement. In case of an unresolved dispute, the Contract Administrator shall resolve such issue. Any service requested by the residential complex above three times per week or greater than the two times per week annual average, with the exception of Bulk Trash collection, shall also be paid in accordance with the "commercial solid waste collection" rates in Exhibit I The frequency of collection of Bulk Trash outside the container shall be no less than once per week unless otherwise agreed to by the customer and approved by the Contract Administrator. Any disputes as to the frequency of Bulk Trash collection shall be resolved by the Contract Administrator. In the event Bulk Trash contains Chloroflorocarbons (CFC's), the Contractor shall collect the Bulk Trash item separately, in a non-compacting vehicle, and deliver the item, with every attempt not to release the CFC's into the atmosphere, to the Solid Waste Authority landfill or to a - 9 - scrap dealer located in Palm Beach County There shall be no weight limit for any Bulk Trash item. 1. Conditions and Frequency of Service: A minimum of once a week service is required of all customers, or such other minimum frequency as provided by law Such service shall be provided by mechanical Container as defined herein However, where a customer generates less than two cubic yards per week of waste, alternate non-mechanical Containers may be utilized The size of the Container and the frequency (above the minimum) of collection shall be determined between the customer and the Contractor. However, size and frequency shall be sufficient to provide that no Residential Solid Waste need be placed outside the Container Storage capacity shall be suitable for the amount of waste generated by the customer. The Contractor shall provide Containers as necessary, however, customers may own their Container provided that the customer is completely responsible for its proper maintenance Such Containers shall be of a type that can be serviced by the Contractors equipment. All Residential Solid Waste shall be placed in a Container or acceptable other Garbage Can. Vegetative Waste shall not be commingled with Garbage. Where Garbage Cans are used, they shall be placed at an accessible location or at such other single collection point as may be agreed upon between the Contractor and the customer. All Containers or Compactors shall be kept in a safe, accessible location agreed upon between the Contractor and the customer. Any Container or Compactor damaged by the Contractor shall be repaired or replaced by the Contractor within five (5) business days. All containers and compactors provided by the Contractor shall be in good condition. The Contractor shall have a regularly scheduled replacement program for all containers to ensure containers are in good condition The Contractor shall replace any container reported as in poor condition by the customer within five (5) business days e Method of Collecting: Collection shall occur on a regular basis with a frequency of pick-up as provided herein and the size of the Container to be agreed upon between the Contractor and the customer. Ce Commercial Solid Waste Collection Service: The Contractor shall collect and dispose of all Commercial Solid Waste in the Service Area, except Special Waste Such Commercial Collection Service shall be governed by the following material terms' Conditions and Frequency of Service: A minimum of once a week service is required of all customers with food or other such putrescible wastes or from businesses generating or selling food, or such other minimum frequency as provided by law. Such service shall be provided by mechanical Container as defined herein. However, where a customer generates less than one (1) cubic yard per week of waste, alternate non-mechanical Containers may be utilized - :zO - (e.g, Garbage Can(s)) Commercial Customers utilizing a garbage can, a 95 gallon or 101 gallon Container shall be charged the monthly Residential Curbside Collection rate, as set out in Exhibit I plus the cost of disposal The size of the Container and the frequency of collection shall be determined between the customer and the Contractor. However, size and frequency shall be sufficient to provide that no Commercial Solid Waste need be placed outside the Container. Storage capacity shall be suitable for the amount of waste generated by the customer. The Contractor shall provide Containers as necessary, however, customers may own their Container provided that the customer is completely responsible for its proper maintenance Such Containers shall be of a type that can be serviced by the Contractors equipment. In the event the Contractor provides the Container, the Container shall be in good condition. All Commercial Solid Waste shall be placed in a Container, Compactor or acceptable other Garbage Can. Vegetative Waste shall not be commingled with Garbage. When Vegetative Waste is placed in a Container (not loose or in a Roll-off or a Compactor), the Contractor may charge 1.5 times the commercial collection rate as set out in Exhibit I. Where Garbage Cans are used, they shall be placed at an accessible location or at such other single collection point as may be agreed upon between the Contractor and the customer. All Containers or Compactors shall be kept in a safe, accessible location agreed upon between the Contractor and the customer. Any Container or Compactor damaged by the Contractor shall be repaired or replaced by the Contractor within five (5) business days. Compactors may be obtained by customers from any source provided that such Compactor must be of a type that can be serviced by the Contractors equipment and the customer shall be completely responsible for its proper maintenance. Compactor frequency of collection shall be sufficient to contain the waste without spillage. All Containers and Compactors provided by the Contractor shall be in good condition, painted and neatly labeled with the Contractor's name, phone number and size of Container Method of Collecting: Collection shall occur on a regular basis with a frequency of pick-up as provided herein and the size of the Container to be agreed upon between the Contractor and the customer. Level, Type and Disclosure of Rates for Commercial Collection and Other Services: Commercial Collection Service: The Contractor shall only charge rates as set out in Exhibit I or as otherwise allowed by this Agreement - 3.1 - A written Agreement between the Contractor and the customer shall be entered into regarding the level and type of service to be provided and manner of collection of fees. The Contractor may not bill the customer more than thirty (30) days in advance unless otherwise requested by the customer. The terms and conditions of such Agreement shall be in compliance with all provisions of this fi'anchise Agreement and the term shall not extend beyond the term of this Agreement as stated in Section 1. The customer shall subscribe to a level of service sufficient to meet the needs of the customer in a sanitary and efficient manner. However, upon failure of the parties to reach such an Agreement, the Contract Administrator or his designee shall establish the level and type of service to be provided including the location, size of the Container and number of pick-ups per week and the "TOTAL RATE" to be charged within the approved rate limits contained in Exhibit I. The Contractor will be responsible for the billing and collection of Commercial Solid Waste Collection Services, disposal tipping fees, special service fees and Container rental charges except as otherwise provided in this Agreement. Disclosure: By October 1't of each year of this Agreement, the Contractor shall provide the customer an annual disclosure statement, with a copy sent to the City, including the following language: "REGULATION BY THE CITY OF DELRAY BEACH" The terms and conditions of this Commercial Solid Waste and Recycling Collection Service Agreement are regulated by a franchise granted by the City of Delray Beach. Should the customer have any questions relating to the terms and conditions of this Agreement, the customer may call the Contract Administrator at 243-7214. "COMMERCIAL COLLECTION CONTAINERS" The commercial collection container shall be of a type that can be serviced by the Contractor's collection equipment. The customer may either purchase the commercial collection Container from any source or rent such Container from the Contractor at the rental rate as approved by the Authority. If the customer chooses to use a Compactor, the customer may rent, lease or own the Compactor from any source, provided that the Compactor can be serviced by the Contractor's collection equipment. Commercial collection Containers and Compactors shall be maintained in a serviceable, safe and sanitary condition by the owner of the Container or Compactor. However, damage caused by the Contractor to a customer owned Container or Compactor shall be repaired at the cost of the Contractor. - 12 - "SPECIAL SERVICES" If the customer requests, the Contractor is required to provide special services for collection of solid waste such as rolling Containers out of storage areas, opening doors or gates for access, or other such special services. However, such special services may be provided by the customer, through its' own or other personnel. If the Contractor provides special services, such charge must be separately stated under the "RATES FOR SERVICES" disclosure statement. The maximum for these special service rates are fixed by the City. A copy of these rates can be obtained from the Contractor or Contract Administrator. Name of Contractor "RATES FOR SERVICE" October 1, (year)- September 30, (year) Name and Address of Customer The total RATES for this Commercial Solid Waste Collection Service are as follows: /qUm~r of Collection Disposal Special Container Total Containers Size Freqtmncy Type Cost Cost Service Rental Total Monthly Cost: The total RATES for this Commercial Recycling Solid Waste Collection Service are as follows: Number of Collection Disposal Special Container Total Containers Size Frequency Type Cost Cost Service Rental Total Monthly Cost: *There is no charge for the disposal of Recydable Materials THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED BY THE CITY OF DELRAY BEACH. SHOULD YOU HAVE ANY QUESTIONS RELATING TO THESE RATES, PLEASE CALL THE CONTRACT ADMINISTRATOR AT 243-7214. - 14 - ge F. The "RATES FOR SERVICE" statement shall incorporate or have attached a rate schedule which specifies the Collection Rate based on size of container and frequency of service, TYPE indicating whether the Container is for Solid Waste or Recycling, DISPOSAL based on a cost per cubic yard; CONTAINER RENTAL expressed in a monthly flat rate based on the size of the Container; and the cost per month for each SPECIAL SERVICE REQUIRED BY THE CUSTOMER. The notification shall specify the size of container and frequency of collection of each container for each business, distinguishing between solid waste and recycling collection service. The notification shall specify in which Service Area the business is located. The notification shall itemize each cost individually A sample notification shall be approved by the Contract Administrator or his designee before distributing to the customer. Method of Payment: The City or its designee will be responsible for the billing and collection of payments for Residential Solid Waste Collection Service. Payments fi-om the City to the Contractor will be due and paid no later than 30 days following the submission of an invoice fi'om the Contractor. The initial collection rate per unit per month shall be as set out in Exhibit Fl. This rate shall be adjusted in subsequent years in accordance with the Payment Adjustment Schedule (Exhibit Fl). Hours of Collection: Curbside Residential Solid Waste Collection Service shall be provided between the hours of 6:00 a.m. and 6:00 p.m. Monday through Saturday Dwelling Units receiving Containerized Residential Solid Waste Collection Service and non-residential collection sites located within 150 yards of residential uses shall be considered residential collection for the purpose of establishing start times and shall only be collected between the hours of 7:00 a.m. and 6'00 p.m Monday through Saturday. Other nonresidential locations may be collected at any time between the hours of 6:00 a.m and 6:00 p.m. Extended times for extraordinary circumstances or conditions shall have the prior consent of the Contract Administrator. Routes and Schedules: For Residential Solid Waste Collection Service, the Contractor shall provide the Contract Administrator, in a format acceptable to the Contract Administrator, the schedules for all Collection routes and keep such information current at all times. If any changes in the Collection routes occur, then the Contract Administrator shall be immediately notified in writing for approval, not less than three weeks prior to change. In the event of a permanent change in routes or schedules that will alter the day of pick-up, the Contractor shall immediately notify the customer(s) affected in writing or other manner approved by the Contract Administrator not less than two (2) weeks prior to the change, at no cost to the City. Notification of day changes for Curbside Residential customers shall be by door hanger, and Container Residential and Commercial customers shall be by flyer, unless otherwise approved by the Contract Administrator, and distributed by the Contractor - ~L5 - at no cost to the City and the customer. Notification includes any day changes to the customer prior to the beginning of this Agreement on October 1, 2001. Notification to Curbside customers shall be done twice - once two (2) weeks prior to the change and once one (1) week prior to the change. RECYCLING COLLECTION SERVICE: The Contractor shall provide Residential and Commercial Recycling Collection Service in the Service Area, as provided within the Agreement. The City or its designee shall be responsible for the billing and collection of payments for Residential Recycling Collection Services. The Contractor shall be responsible for billing and collection of Commercial Recycling Collection Service cost not being billed and collected by the City or its designee. Curbside Residential Recycling Collection Services will be governed by the following terms and conditions: Conditions and Frequency of Service: The Contractor shall provide Curbside Residential Recycling Collection Services to all Dwelling Units receiving Residential Solid Waste Collection Service located in the designated Service Area and to other such Dwelling Units as determined appropriate by the Contract Administrator. This service shall be provided once every week, unless otherwise specified by the City, on a scheduled route basis that shall coincide with one of the two regularly scheduled solid waste collection days. e Accessibility for and Manner of Curbside Recycling Collection: All Recyclable Materials to be collected shall be in a Recycling Comainer, with the exception of cardboard and/or paper bag, and shall be placed within six (6) feet of the curb; paved surface of the public road, closest accessible public right-of-way, or other such location agreed to by the Comractor that will provide a safe and efficient accessibility to the Contractors collection crew and vehicle The Contractor must collect as many Recycling Comainers, bags, bundles, or flattened cardboard, as the customer sets out. Cardboard shall be collected if placed next to, or inside, the Recycling Comainer or Container Where the resident is physically unable to deliver Recyclable Materials to curbside and this is certified by the Contract Administrator, or the Dwelling Unit is located in such a manner as to provide non-accessibility to the Contractor's crew or vehicle, an alternative location may be arranged between the customer and the Contractor at no extra cost to the customer. In the event an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and designate the location for pick-up. Recycling Containers: The Contractor shall ensure distribution of Recycling Comainers as supplied by the City to each unit that is to receive Residential Recycling Collection Service in the Service Area. The title to these Recycling - lfi - Be Ce Containers shall be vested with the City. However, customers may use their own additional Recycling Containers or paper bags as long as they are similar and suitable for the service. Containerized Residential Recycling Collection Service will be governed by the following terms and conditions: Conditions and Frequency of Service: The Contractor shall provide this service to Dwelling Units as are designated by the City that are located in the Service Area. This service shall be provided at least once every week on a scheduled route basis as set out in paragraph 2 below and up to twice a week service as necess~ during Peak Times of the year. All Containers and Compactors provided by the Contractor shall be in good condition, painted and neatly labeled with the Contractor's name, phone number and size of Container. Any Container or Recycling Container damaged by the Contractor shall be repaired or replaced by the Contractor within five (5) days. Any Container or Recycling Container needing replacement, as requested by the customer or the City, shall be replaced within five (5) working days. Accessibility and Schedule for Containerized Residential Recycling Collection: All Recyciable Materials, with the exception of cardboard, are to be collected in a Recycling Container or Container designated for Recyclable Materials which shall be located in such location and shall be collected on a schedule as mutually agreed to by the owner or governing association (of the multiple residential complex or development being serviced) and by the Contractor that will provide a safe and efficient accessibility to the Contractoffs collection crew and vehicle. Cardboard shall be collected if placed next to, or inside, the Recycling Container or Container If there is a large amount of cardboard placed outside of the Container (such as a 95-gallon Container), an alternate, larger Container shall be provided, upon agreement by the customer and the City. In the event an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and designate the location for pick-up. Commercial Recycling Collection Service: Contractor shall have the right to solicit Commercial Recycling Collection Service agreements with any business in the Service Area upon terms and conditions consistent with this Agreement Conditions and Frequency of Service: The Contractor shall provide Commercial Recycling Collection Services to all business or commercial entities located in the designated Service Area resulting from its own - :~? - solicitation, by request of the customer, or where a contract meeting the terms and conditions of this Agreement is arranged by the Contract Administrator or designee The size and frequency of service of the Container designated for Recyclable Materials shall be determined by a waste audit and agreed to by the customer and the Contractor. However, size and frequency shall be sufficient to provide that no Recyclable Materials need be placed outside the Container. Storage capacity shall be suitable for the amount of recyclable materials generated by the customer. The Contractor shall provide Containers as necessary, however, customers may own their Container provided that the customer is completely responsible for its proper maintenance Such Containers shall be of a type that can be serviced by the Contractor's equipment. A Compactor may be obtained by customers from any source provided that such Compactor must be of a type that can be serviced by the Contractor's equipment and the customer shall be completely responsible for its proper maintenance. Compactor frequency of collection shall be sufficient to contain the waste without spillage. All Commercial Recyclable Materials shall be placed in a Container, Compactor or other acceptable Recycling Container. All Containers and Compactors provided by the Contractor shall be in good condition, painted and neatly labeled with the Contractor's name, phone number and size of Container. Recyclable Material shall not be commingled with other solid waste. Where Recycling Containers are used, they shall be placed at an accessible location or at such other single collection point as may be agreed upon between the Contractor and the customer All Containers shall be kept in a safe, accessible location agreed upon between the Contractor and the customer Any Container or Recycling Container damaged by the Contractor shall be repaired or replaced by the Contractor within five (5) days. Level, Type and Disclosure of Rates for Commercial Recycling Collection and Other Services: A written Agreement between the Contractor and the customer shall be entered into regarding the level and type of service to be provided and manner of collection of fees. The terms and conditions of such Agreement shall be in compliance with all provisions of this franchise Agreement and the term shall not extend beyond the term of this Agreement as stated in Section 1. The customer shall subscribe to a level of service sufficient to meet the needs of the customer in a sanitary and efficient manner. However, upon failure of ~he parties to reach such an Agreement, the Contract Administrator, or his designee, at the election of the customer and Contractor may establish the level and type of service to be provided including the location, size of the Container and number of pick-ups per week and the "TOTAL RATE" to be charged within the approved rate limits contained in Exhibit I. The Contractor will be responsible for the billing and collection of Commercial Recycling Collection charges except as otherwise provided in this Agreement. The written Agreement between the Contractor and the customer shall be as specified in Section 4.C.3.b. In the event the customer cancels a contract with the Contractor for Commercial Recycling Collection Services, the Contractor is not obligated to provide Commercial Recycling Collections at the rates set forth in Exhibit I. Upon cancellation, the Contractor shall provide a written explanation, as provided by the City, of this policy. The Contractor shall allow the Customer three days to rescind the cancellation after the written notification is provided. Ownership: Notwithstanding any other provision of this Agreement, a commercial generator of Recyclable Materials retains ownership of those materials until he or she donates or sells, or contracts for the donation or sale of those materials to another person or entity. Nothing in this Agreement shall prevent a person or entity engaged in the business of recycling, whether for profit or nonprofit, from accepting and transporting commercially generated, source separated Recyclable Materials fi~om such commercial generator. Provided however, that such activities are subject to applicable state and local public health and safety laws, and provided that the transporter must report such information to the City as may be necessary for the documentation of state mandated recycling or reduction goals. Method of Payment: The City or its designee will be responsible for the billing and collection of payments for Residential Recycling Collection Service. Payments from the City to the Contractor will be due and paid no later than 30 days following submission of an invoice from the Contractor. The initial collection rate per unit per month shall be as set out in Exhibit I. This rate shall be adjusted in subsequent years in accordance with Section 6 and Exhibit II The Contractor shall be responsible for billing and collection of payments for Commercial Recycling Collection Service, not to exceed the rates as set out in Exhibit I. The rates set out in Exhibit I shall be adjusted in subsequent years in accordance with the Payment Adjustment Schedule (Exhibit ID. The Contractor shall provide no more than five (5) free City Commercial recycling comainers in the downtown area as designated by the Contract Administrator. ge Hours of Collection: Residential Recycling Collection Service shall be conducted between the hours of 6:00 a.m and 6:00 p.m., Monday through Saturday. Dwelling Units receiving Comainerized Residential Recycling Collection Service and nonresidential collection sites located within 150 yards of residential uses shall be considered residential collection (for purposes of establishing a start time) and shall only be collected between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday. In the event of a dispute, the Contract Administrator shall determine the - 19 - hours of collection. Routes and Schedules: The Contractor shall provide and keep current with the Contract Administrator or his designee, in a format acceptable to the Contract Administrator, an up-to-date route schedule map for all Residential Recycling Collection Service routes. The Contractor shall immediately notify the Contract Administrator in writing of any change in any route schedule for approval by the Contract Administrator three weeks prior to change. In the event of a permanent change in a route or schedule that will alter the pick-up day, the Contractor shall immediately notify the affected customer in writing or other method approved by the Contract Administrator not less than two (2) weeks prior to the change, at no cost to the City Notification of day changes for Curbside Residential customers shall be by door hanger, Container Residential and Commercial customers by flyer, unless otherwise approved by the Contract Administrator, distributed by the Contractor at no cost to the City and the customer Notification includes any day changes to the customer prior to the beginning of this Agreement on October 1, 2001. Notification to Curbside customers shall be done twice - once two (2) weeks prior to the change and once one (1) week prior to the change G. Replacement of Recycling Containers for Residential Dwelling Units: The Contractor will replace at his expense any Container or Recycling Container damaged through the fault or negligence of the Contractor or his employees Replacement Recycling Containers or Containers designated for Recycling for Residential Dwelling Units will be provided by the City with the cost deducted for replacement containers from the Contractor's monthly fees. The Contractor shall replace the Recycling Container within five (5) business days of request by the customer or the City. The City, at its expense, will supply to the Contractor, for distribution to the customer, replacement Recycling Containers or Containers that were originally provided by the City and lost or damaged by the occupant of a Dwelling Unit. The Contractor shall replace the Recycling Container or Containers within five (5) business days of the request by the customer or the City. The Contractor shall promptly deliver replacement Recycling Containers, or Containers damaged by its employees, or when notified by the Contract Administrator, or his designee, or the occupant of a Dwelling Unit where a Recycling Container or Container is damaged or missing, and shall monthly report all such replacements to the City The Contractor shall also promptly deliver Recycling Containers or Containers as requested by the City on behalf of the residential customers for the purpose of excess Recyclable Materials or for new residential customers within five (5) business days of the request by the - 20 - customer or the City. The City is not responsible for any disposal shortfall. He Manner of Collection: The Contractor shall collect Recyclable Materials with as little disturbance as possible and shall leave the Recycling Container or Comainer housing Recyclable Materials at the same point it was collected. To be eligible for Curbside Residential Recycling Collection Service, Recyclable Materials must be put in a Recycling Container or paper bag and placed at the usual accessible pick-up location for Curbside Residemial Solid Waste Collection All Recyclable Materials set out by the customer that meet these criteria shall be collected. In the event the customer places Solid Waste in the Recycling Comainer(s) or Container(s), the Contractor must collect all Recyclable Materials and leave the Solid Waste in the Recycling Container(s) or Container(s). The Contractor must then place a contamination sticker advising the customer of the reason the Solid Waste was not picked up on the Recycling Container(s) or Container(s). Material Recycling Facility: The Contractor shall deliver all Recyclable Materials collected fi.om the Service Area to the De[ray Beach Transfer Station or a facility designated, in writing, by the Contract Administrator. Je Change in Scope of Recycling Collection Service: From time to time, at the sole option of the City, it may be necessary to modify the scope of Recyclable Materials that will be included in Recycling Collection Service. Should this occur, the City and the Contractor agree to enter into good faith negotiations to amend this Agreement to reflect the impact of any such modifications CHARGES, RATES AND LEVEL OF SERVICES: Solid Waste and Recycling Collection Rate Adjustments: For all Collection services, the charges shall be initially based on the rates established in Exhibit I, and as subsequently adjusted pursuant to this Agreement. The Contractor shall receive an annual adjustment in the Residential Solid Waste Collection Service, Residential Recycling Collection Service, Commercial Solid Waste Collection Service and Commercial Recycling Collection Service rates. The adjustment shall be made to the combined category of Residential Solid Waste Collection Service and to Residential Recycling Collection Service and, separately to the combined category of Commercial Solid Waste Collection Service and Commercial Recycling Collection Service. At the end of the first year, and each subsequent year, the collection portion of the rates in this Agreement shall be adjusted solely on the Consumer Price Index ("CPI") not to exceed 3% in any one year. The adjustmems shall be made as set out in Exhibit II The Contractor shall supply the City with such further information as may be reasonably necessary. Annual rate adjustments shall be effective the following October 1, unless otherwise mutually determined by the City and the Commctor B. City of Delray Beach Obligation - Billing, Collection, and Payments: The City will be responsible for the billing and collection of payments for those units included in the City's mandatory Residential Solid Waste Collection Services and the Residential Recycling Collection Services programs. The City shall make monthly payments in arrears to the Contractor for the Residential Solid Waste Collection Service and Residential Recycling Collection Services provided pursuant to this Contract. The Contractor shall be entitled to payment for services rendered irrespective of whether or not the City collects from customers for such service. Payments fi.om the City to the Contractor will be due and paid no later than 30 days following the submittal of an invoice from the Contractor. On or before October 1, and before commencement of work by the Contractor under the terms of this Agreement, the City shall provide to the Contractor the estimated total number of units to be serviced Thereafter and for the duration of this Agreement, the City shall promptly notify the Contractor of new residential units to be served and/or deleted and payments will be adjusted accordingly. New Dwelling Units, which are added for service during the City's Fiscal Year, will be added to the customer service list and payment will be rendered as invoiced in the Contractor's monthly payment. Payment will be prorated based upon the day of Certificate of Occupancy and verification of the beginning of actual service, whichever is later. The paymems from the City to the Contractor for units added by Certificate of Occupancy are paid as invoiced by the Comractor. The City reserves the fight to correct any errors of omission or commission per the laws and roles that govern the City. Upon determination of any overpayment, the Contract Administrator will verify the error and make appropriate adjustment to the Contractors payment to correct the error. Solid Waste Disposal Costs: Collection service costs and solid waste disposal costs shall be treated separately for the solid waste Collection services being provided pursuant to this Contract. The Contractor's payments for Collection are set out in Exhibit I. Residential and commercial solid waste disposal costs shall be separated from residential and commercial collection service costs as shown in Exhibit I Residential disposal costs will be part of the special assessment billed by the Solid Waste Authority except as otherwise provided in this Agreement. The Contractor will be given a disposal credit for each residential unit as calculated in Exhibit I The non- assessed portion of the commercial disposal costs will be part of the service charge billed by the Contractor. The Contractor shall pay the Solid Waste Authority for all solid waste disposal costs incurred for disposing of all solid waste at the Delray Transfer Station except for the portion of disposal costs which have been separately - 22 - assessed by the Authority. Extraordinary Rate Adjustment: The Contractor may petition the City at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not reasonably be foreseen by a prudent operator The Contractor's request shall contain substantial proof and justification to support the need for the rate adjustment. The City may request fi.om the Contractor, and the Contractor shall provide, such further information as may be reasonably necessary in making its determination. The City Commission may approve or deny the request, in whole or in part, within sixty (60) days of receipt of the request and the receipt of all other additional information required by the City. Administrative Fee: To compensate the City for the cost of administration, supervision, code enforcement activities, and inspection rendered for the effective performance of this Agreement, as well as other costs related to Collection, the Contractor shall pay to the City a monthly administrative fee of $.35 per residential unit or per Container for commercial customers. Franchise Fee: To compensate the City for the exclusive right given to the Contractor to service residential and commercial accounts, the Contractor shall pay to the City a monthly franchise fee of 5% of collection costs per residential unit or per Container for commercial customers. Rollout Cart Replacement Fee: To compensate the City for the purchase and replacement of residential rollout carts, all curbside residential and commercial customers utilizing the City's rollout carts shall be charged a monthly fee of $.90. The Contractor shall pay to the City any monthly fees for this purpose where the Contractor is responsible for billing the Customer. HOLIDAYS: The Contractor shall not be required to collect Commercial Solid Waste, Commercial Recycling, Residential Solid Waste, Vegetative Waste and Residential Recyclable Material or maintain office hours on Thanksgiving Day and Christmas Day. The Contractor shall provide all services on New Year's Day. Residential Solid Waste, Recyclable Material and Vegetative Waste not collected on Thanksgiving Day and Christmas Day shall be collected on the next scheduled service day. The Contractor shall not be required to maintain office hours on Labor Day, Independence Day, New Year's Day, Thanksgiving Day and Christmas Day. However, on all holidays except Thanksgiving Day and Christmas Day, the Contractor shall provide for operations personnel to accept calls fi.om the City and the Contractor's customers. - 23 - SPECIAL SERVICES: Rates charged for Special Services may not exceed the special service rates as listed in Exhibit I. In the event the requested special service is not included within Exhibit I, the Contractor may negotiate with the customer for the rate Upon failure of the parties to reach an agreement on the rate, the Contract Administrator shall establish the rate. The Contractor shall be responsible for billing and collection of payment for all Special Services. e PUBLIC AWARENESS PROGRAM: The Contractor shall assist the City with the Public Awareness Program by distributing door hangers, stickers, flyers or other medium to residential and commerdal customers as requested by the City. Additionally, it is the Contractor's responsibility to provide information about those customers who repeatedly do not prepare or set out their Recydable Material or solid waste as specified within this Contract to the City. The Commercial Recycling customer will also be notified by the City through the Contractor about special commercial recycling events, workshops, educational forums, and symposiums and other activities, as needed. 10. MANNER OF COLLECTION: The Contractor shall collect Residential Solid Waste, Vegetative Waste and Recyclable Materials and Commercial Solid Waste, Recycling and Vegetative Waste with as little disturbance as possible and shall leave any receptacle at the same point it was collected. Any Solid Waste Container or Recycling Container damaged by the Contractor will be replaced by the Contractor within five (5) business days at no cost to the customer, unless otherwise provided within this Agreement. The replacement must be similar in style, material, quality and capacity. Throwing of any Garbage Can, Container or Recycling Container is prohibited The Contractor shall neatly re-place the Container, Recycling Container and Garbage Can to the point of collection. 11. PERSONNEL OF ~ CONTRACTOR: Contractor shall assign a qualified person or persons to be in charge of the operations within the service area and shall give the name(s) of the person(s) to the Contract Administrator. Bo Contractor's solid waste collection employees shall wear a uniform or shirt bearing the company's name during operations. Co Each driver of a collection vehicle shall at all times carry a valid Florida driver's license for the type of vehicle that is being driven. Contractor's name and office telephone number shall be properly displayed on all solid waste and recycling collection vehicles and Containers provided by the Contractor All - 24 - vehicles utilized for the collection of Recyclable Material shall be dearly identified for that purpose. E. The Contractor shall provide operating and safety training for all personnel. F. Contractor's employees shall treat all customers in a polite and courteous manner. G. The Contractor shall provide emergency contact numbers for all key personnel. 12. SPILLAGE: The Contractor shall not litter or cause any spillage to occur upon the premises, roadway or the right-of-way wherein the collection shall occur. During hauling, all solid waste, vegetative waste and recyclable material shall be contained, tied, or enclosed so that leaking, spilling and blowing is prevented. In the event of any spillage or leakage by the Contractor, for any reason or source, the Contractor shall clean up all spillaee and leakage at no cost to the City or the customer within two (2~ hours unless otherwise specified within this Agreement. 13. SOLID WASTE AND MATERIAL RECYCLING FACILITIES: All Residential Solid Waste, Commercial Solid Waste, Vegetative Waste and Recyclable Material shall be hauled to the Dekay Beach Transfer Station In the event this facility is closed for maintenance, the Contractor shall take the solid waste, Vegetative Waste and Recyclable Materials to another Designated Facility at no charge to the City. In the event that a load of Recyclable Materials delivered to the designated facility contains more than 3.5%, by weight of the total load, material which is not Recyclable Material or that there is more than 3.5% paper products within the other commingled Recyclable Material or visa versa, the Solid Waste Authority has the right to reject the load and to charge the Contractor the full disposal fee for each ton within the load. The Contractor may pass this cost through to a commercial customer in the event that the Contractor can prove that the customer caused the contamination to the satisfaction of the customer. In no event will this cost be passed on to the City. In the event of a dispute, the Contract Administrator will determine whether the Contractor or the customer will absorb the disposal fee. It is the responsibility of the Contractor to notify the City of any customer who has on more than three occasions contaminated the Recyclable Materials. 14. COLLECTION EQUIPMENT: The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor to adequately and efficiently perform the contractual duties specified in this Agreement Upon execution of this Agreement and semi-annually thereafter, the Contractor shall provide in a format specified by the Contract Administrator a list of the equipment to be used by the Contractor to provide services relating to this Agreement. Solid Waste collection equipment shall be of the enclosed loader packer type, or other equipment that meets industry standards and is approved by the Contract Administrator, unless otherwise provided within this Agreement. All Equipment shall be kept - 9.5 - in good repair, appearance and in a sanitary, dean condition at all times. Recycling Materials collection equipment shall be a dual compartment equipment (one compartment for paper products; one compartment for other Recyclable Material), separate trucks or other equipment that meets industry standards and is approved by the Contract Administrator, and must be compatible for unloading at the designated MRF or transfer station. In the event a compacting vehicle is used for the collection of Recyclable Materials, compaction pressure may not exceed 50 pounds per square inch for the commingled non-paper Recyclable Materials to avoid glass breakage. Equipment ufflized for the collection of Recydable Materials shall be dearly identified for that purpose. The Contractor shall have available reserve equipment that can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. 15. VEGETATIVE WASTE: All Vegetative Waste shall be collected separately from Residential Solid Waste, Commercial Solid Waste and Recyclable Materials. All grass clippings, leaves, pine needles or other similar loose waste shall be bagged or containerized, otherwise, Vegetative Waste must be no more than six (6) feet in length, with the exception of palm fronds and Christmas trees, and under 50 pounds per piece and placed neatly at the curb. 16. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE AND SLUDGE: The Contractor shall not be required to collect and dispose of Hazardous Waste, Biohazardous or Biomedical Waste, or Sludge, but may offer such service in the Service Area. All such collection and disposal for those types of waste in this Section are not regulated or exclusive under this Agreement, but if provided by the Contractor shall be in strict compliance with all federal, state and local laws and regulations. 17. OFFICE AND EQUIPMENT YARD: The Contractor shall maintain an office within Palm Beach County where complaints shall be received. It shall be equipped with sufficient telephones, with no less than two phone lines, and shall have responsible persons in charge during collection hours and shall be open during normal business hours, 8:00 a.m to 5'00 p.m., Monday through Friday. The Contractor shall provide a fax machine and computer to receive complaints from the City. The Contractor shall provide an answering machine during non- office hours for customer requests and questions to be responded to during the following business day The Contractor shall provide a contact person for the City to reach during all non-office hours. The contact person must have the ability to authorize Contractor operation in the case of City direction or situations requiting immediate attention. An Equipment Yard must be established within Palm Beach County. Equipment Yard means a real property location that shall be utilized by the Contractor for the storage and keeping of all equipment needed by the Contractor to provide all services under this Agreement in the Service Area. 18. COMPLAINTS: All service complaints shall be directed to the Contract Administrator, or designee The complaint will be forwarded to the Contractor by telephone, computer or electronic media at least daily where it shall be recorded on a complaint log by the Contractor The complaint shall be resolved within twenty-four (24) hours atter it is received by the Contractor. When the complaint is received on a Saturday or the day preceding Thanksgiving Day and Christmas Day, it shall be resolved by the Contractor no later than the next regular working day. If a complaint cannot be resolved within twenty-four (24) hours, the Contract Administrator shall be notified. Complaints received by Contractor fi.om the public shall be forwarded to the Contract Administrator within four (4) hours. The Contractor shall designate one (1) person to be in the City each day to receive complaints fi.om the Contract Administrator. The Contractor shall provide the Contract Administrator or his designated agency with a full written explanation of the disposition of any complaint involving a dalm of damage to private or public property as a result of actions of the Contractors employees, agent, or sub-contractors. Any damage shall be repaired within seven (7) business days. 19. QUALITY OF PERFORMANCE OF CONTRACTOR: It is the intent of this Agreement to ensure that the Contractor provides a quality level of solid waste and recycling Collection services. To this end, all complaints received by the Contact Administrator, or his designee, and reported to the Contractor shall be promptly resolved pursuant to the provisions of Section 18 of this Agreement. Complaints shall not include customer informational requests or Recycling Container requests. A complaint not resolved within 24 hours, unless otherwise provided in this Agreement, shall count as two complaints. In the event complaints received by curbside customers exceed any of the following percentage(s): Complaint Type Annual % Garbage, Trash and Damage 4% Recycling 2% Vegetation 2.5% Monthly % 0.5% 0.25% 0.35% of the residential curbside and rear-door customers within the Service Area served by the Contractor during any City fiscal year, the Contract Administrator shall levy $100 00 per incident administrative charges for those actions related to service as listed within this Agreement including: 1. Commingling solid waste with Vegetative Waste and/or Recyclable Materials 2. Throwing of garbage cans or recycling containers 3. Failure to collect Recyclable Materials, solid waste or Vegetative Waste on schedule 4. Failure to replace Garbage Cans, Containers and Recycling Containers to the point of collection The Contract Administrator may also levy administrative charges for all other infractions of this Agreement at $100 00 per day per incident without regard to the percentage of customer complaints including: 1. Failure to provide dean, safe, sanitary equipment 2. Failure to maintain office hours as required 3. Operator not licensed - 27 - 8. 9. 10. 11. 12. 13. 14. 15. 16 17 18 19. 20. 21 Failure to provide documents and reports in a timely and accurate manner Damaged container not replaced within five business days (48 hours for residential) Failure to clean spillage other than the cleanup required by the Palm Beach County Health Department, as provided below Failure to repair damage of Customer property Failure to cover materials on collection vehicle(s) Collection employees out of uniform Name and phone number, and if applicable, size not displayed on equipment or Containers Providing exclusively prohibited service in another Contractors area, without prior authorization by the Contract Administrator. Not providing schedules and route maps Speeding upon conviction Using improper truck to service commercial or residential customer Failure to submit disclosure notice to either customer or Contract Administrator Failure to report recycling activity monthly (on or before the lOth day of the following month), in the format determined by the City, for the purpose of tracking and verifying countywide recycling activity Failure to collect Recyclable Materials, solid waste or Vegetative Waste on schedule for any customer who has been missed more than three times per Fiscal Year Failure to respond to customer calls, including commercial recycling and solid waste collection service customers, and residential containerized residential solid waste and recycling collection service customers, in a timely and appropriate manner Failure to place a contamination sticker in Recycling Containers, as necessary Failure to replace or provide Containers or Recycling Container(s) within five (5) business days. Failure to repair damage to property, resulting fi.om Contractor's (including agents, employees or subcontractors) equipment failure or negligence, within seven (7) business days. Changing routes without proper notification will result in a $2000.00 fine per incident. Failure to clean up spillage of any substance required to be cleaned up by and in accordance with the Palm Beach County Health Department will result in a $2,500.00 fine per day, per incident. Failure to deliver any Commercial or Residential Solid Waste, Vegetative Waste or Recyclable Materials to the Delray Transfer Station or another facility directed by the Contract Administrator will result in the following penalties: 1. First offense, $1,000.00 fine 2 Second offense, $2,500 00 fine 3. Third offense, loss offi.anchise - 28 - 20. Failure to complete, either partially or totally, a route on the regular scheduled pick-up day shall be $1,000 for each route per day not completed. For the purpose of this Section, the Contract Administrator may deduct any charges from payments due or to become due to the Contractor. In the event the Contractor fails to repair damages as a result of the Contractor's equipment failure or negligence within the time provided within this Agreement, the Contract Administrator may arrange for the repaks and assess the Contractor for the cost of the repairs and any applicable administrative charges. The Contract Administrator may assess administrative charges pursuant to this Section on a monthly basis in connection with this Agreement and shall, at the end of each month during the term of this Agreement, notify the Contractor and the City, in writing, of the charges assessed and the basis for each assessment. In the event the Contractor wishes to contest such assessment it shall, within five (5) days after receiving such monthly notice, request in writing an opportunity to be heard by the City Manager and present its defense to such assessment The City shall notify the Contractor in writing of any action taken with respect to Contractor's claims and the decision of the City Manager will be final. A. Filing of Requested Information and Documents: In addition to any other requirements of this Agreement, the Contractor shall be required to file pertinent statistical and aggregate cost information pertaining to solid waste collection and recycling collection services that is requested by the City. The results of all recycling activity conducted by the Contractor in the Service Areas during each month, whether residential or commercial, shall be reported accurately to the City, in a format and with such dates as specified by the City, on or before the 10th day of the following month The Contractor shall file and keep current with the City all documents and reports required by this Agreement. By September 1st of each year this Agreement is in effect, the Contractor shall ensure and certify to the City that all required documents such as, but not limited to, certificates of insurance, audits, performance bond or letter of credit, route schedule and maps, drivers license certifications, and list of collection equipment vehicles, are current and on file with the City. Route maps shall be provided in a format as provided by the City. Failure to file any document or report within five (5) working days of the required filing date, except where granted an extension by the Contract Administrator, may result in the levy of an administrative fine as provided in Section 19. NATURAL DISASTERS: In the event of a hurricane, tornado, major storm or other natural disaster, the Contract Administrator may grant the Contractor a variance fi-om regular routes - 7.9 - and schedules. As soon as practicable after such natural disaster, the Contractor shall advise the Contract Administrator when it is anticipated that normal routes and schedules will be resumed. The Contract Administrator shall make an effort through the local news media to inform the public when regular services may be resumed. The cleanup fi.om some natural disasters may require that the Contractor hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to dean debris resulting fi.om the natural disaster. The Contractor shall receive extra compensation above the normal compensation contained in this Agreement to cover the costs to at least include rental equipment, additional personnel, overtime hours, and other documented expenses provided the Contractor has first secured written authorization and approval fi.om the Contract Administrator prior to the work being performed. ,all such costs shall be audited by the Cites Contract Administrator and Finance Dkector prior to payment. 21. 22. 2:t. UNCONTROLLABLE CIRCUMSTANCES: Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. Neither party shall, however, be excused fi.om performance if non-performance is due to forces that are preventable, removable, or remediable if the non-performing party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch The non-performing party shall, within a reasonable time of being prevented or delayed fi.om performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. PERMITS AND LICENSES: The Contractor shall obtain, at their own expense, all permits and licenses required by law or ordinance and maintain the same in full force and effect Any changes of the licenses or permits shall be reported to the City within ten (10) working days of the change. PERFORMANCE BOND: The Contractor shall furnish to the City a performance bond, executed by a surety company licensed to do business in the State of Florida, and/or a clean irrevocable letter of credit issued by a bank within Palm Beach County to ensure the faithful performance of this Agreement and all obligations arising hereunder in the appropriate amount determined in accordance with Exhibit llI. The clean in'evocable letter of credit or bond provided hereunder may be substituted for the other upon approval by the City. The form of this bond or letter of credit, and the Surety Company, shall be acceptable to the City Attorney and the Contract Administrator and shall be maintained during the term of this Agreement as provided in Section 1. The bond(s) shall be endorsed to show the City, a political subdivision of the State of Florida, to provide that bonds shall not be canceled, limited or non-renewed until after thirty (30) days written notice has been given to the City Current performance bonds - 30 - evidencing required coverage must be on file at all times. 24. EMPLOYEE WAGES AND BENEFITS: The Contractor shall comply with all applicable Local, State and Federal laws relating to wages, hours, overtime and all other applicable laws relating to the employment or protection of employees, now or hereinafter in effect. 25. INSURANCE: Worker's Compensation Insurance: Worker's Compensation coverage must be maintained in accordance with statutory requirements as well as Employer's Liability Coverage in an amoum not less than $100,000.00 per each accident, $100,000.00 by disease and $500,000.00 aggregate by disease. Be Liability Insurance: The Contractor shall, during the term of this Agreement, and any extensions hereof maintain in full force and effect commercial general liability insurance policy and automobile liability insurance policy, which specifically covers all exposures incident to the Contractor's operations under this contract. Such insurance shall be with a company acceptable to the City and each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit for personal bodily injury, including death, and property damage liability and the general liability shall include but not be limited to coverage for Premises/Operations, Products/Completed Operations, Contractual, to support the Contractors Agreement or indemnity and Fire Legal Liability In addition to the above liability limits, the Contractor shall maintain a $5,000,000.00 umbrella and/or excess liability coverage. Policy(ies) shall be endorsed to show the City, a municipal corporation in the State of Florida, as an additional insured as its interests may appear: and shall also provide that insurance shall not be canceled, limited or non-renewed until after thirty (30) days' written notice has been given to the City Current certificates of insurance evidencing required coverage must be on file with the City at all times. Contractor expressly understands and agrees that any insurance protection furnished by Contractor shall in no way limit its responsibility to indemnify and save harmless City under the provisions of Section 26 of this Agreement. 26. INDEMNIFICATION: The Contractor will hold the City harmless fi-om any and all liabilities, losses or damages the City may suffer as a result of claims, demands, costs or judgments against the City arising out of the wrongful acts or omission of the Contractor or its employees. Said liabilities, losses, damages, claims, demands, costs or judgment arise directly out of the matters that are the subject of this Agreement and the work to be performed thereby The Contractor shall not be responsible for nor be required to indemnify or hold the City harmless for any act, omission, negligence or other liability to the extent caused by the act or omission and caused by the sole negligence of the City or any one of its employees or agents. 27. ACCESS AND AUDITS: The Contractor shall maintain within Palm Beach County adequate records of the solid waste collection and/or recycling services during the Fiscal Year and for - 31 - 28. 29. one year following the end of each Fiscal Year of the Contract. The Authority or its designee shall have the right to review all records maintained by the Contractor upon 24 hours written notice. POINT OF CONTACT: Any dealing, contact, notice etc shall be directed by the Contractor to the Contract Administrator. NOTICE: Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows As to the City: City of Delray Beach 100 NWIa Avenue Delray Beach, Florida 33444 Attention: Contract Administrator, Code Enforcement As to the Contractor: Notices shall be effective when received at the address as specified above. Changes in the respective address to which such notice is to be directed may be made from time to time by written notice Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions received (i.e.; printed) at~er 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein 30. DEFAULT OF CONTRACT: The City may cancel this Agreement, except as otherwise provided below in this section, by giving Contractor thirty (30) days advance written notice, to be served as hereat~er provided, upon the happening of any one of the following events: Contractor shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeldng an arrangement for its reorganization or the re-adjustment of its indebtedness under the Federal bankruptcy laws or under any other law or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator - 32 - of all or substantially all of its property; or By order or decree of a Court, Contractor shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be and become null, void and of no effect; unless such stayed judgment or order is reinstated in which case, said default shall be deemed immediate; or By or pursuant to or under authority of any legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of the Contractor, and such possession or control shall continue in effect for a period of sixty (60) days, or The Contractor has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Agreement or any of the rules and regulations promulgated by the City pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Contract Administrator relative thereto, whether such default is considered minor or major, and said default is not cured within thirty (30) days of receipt of written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by Contractor of written demand fi.om City to do so, Contractor fails to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Contractor having the burden of proof to demonstrate [a] that the default cannot be cured within thirty [30] days, and [b] that it is proceeding with diligence to cure said default, and such default will be cured within a reasonable period of time). However, notwithstanding anything contained herein to the contrary, for the failure of Contractor to provide collection service for a period of five (5) consecutive scheduled working days, the City may secure the Contractor's billing records (at the request of the City, the Contractor shall provide such records) on the sixth working day in order to provide interim Contract collection services until such time as the matter is resolved and the Contractor is again able to perform pursuant to this Agreement, provided, however, if the Contractor is unable for any reason or cause to resume performance at the end of thirty (30) working days all liability of the City under this Agreement to the Contractor shall cease and this Agreement may be deemed immediately terminated by - 33 - the City. Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this Section, in the event that Contractor's record of performance shows that Contractor has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Contractor, in the opinion of City and regardless of whether Contractor has corrected each individual condition of default, Contractor shall be deemed a "habitual violator", shall forfeit the fight to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively, shall constitute a condition of irredeemable default. The City shall thereupon issue Contractor final warning citing the circumstances therefore, and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for immediate termination of this Agreement. In the event of any such subsequent default, City may terminate this A~eement upon the giving of written Final Notice to Contractor, such cancellation to be effective upon the fifteenth consecutive calendar day following the date of Final Notice, and all contractual fees due hereunder plus any and all charges and interest shall be payable to said date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said Final Notice, Contractor shall proceed to cease any further performance under this Agreement. In the event of any of the aforesaid events specified in paragraphs A, B, and C above and except as otherwise provided in said paragraphs, termination shall be effective upon the date specified in City's written notice to Contractor and upon said date this Agreement shall be deemed immediately terminated and upon such termination all liability of the City under this Agreement to the Comractor shall cease, and the City shall have the right to call the performance bond and shall be flee to negotiate with other Contractors for the operation of the herein specified services. The Contractor for failure to perform shall reimburse the City all direct and indirect costs of providing interim collection service. :51. PUBLIC WELFARE: The City shall have the power to make changes in, or to impose new and reasonable roles and regulations on, the Contractor under this Agreement relative to the method of collection and disposal of Garbage, Trash, Bulk Trash, Vegetative Waste or Recyclable Materials as shall from time to time be necessary and desirable for the public welfare. Provided, however, that any such role or regulation shall be delivered to and receipted for by the Contractor, or if the Contractor is a corporation, by an officer thereof. The City shall give the Contractor reasonable notice of any proposed change and an opportunity to be heard concerning those matters. The method of collection and disposal of solid waste and recyclables set out herein shall also be liberally construed to include, but not limited to, the manner, procedures, operations and obligations, financial or otherwise, of the Comractor The Contractor shall be reasonably and appropriately compensated as determined by negotiation - 34 - and Agreement between the City and the Contractor for any additional services or other obligations required of the Contractor due to any modification in the Agreement under this Section 32. RIGHT TO REQUIRE PERFORMANCE: The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereat~er to enforce the same Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be waived of any succeeding breach of such provisions or as a waiver of any provision itsel~ TITLE TO WASTE: The City shall at all times hold title and ownership to all Commercial and Residential Solid Waste, Vegetative Waste, Trash, Recyclable Material and all other waste collected by the Contractor pursuant to this Agreement and the Contractor shall have no right to take, keep, process, alter, remove or otherwise dispose of any such materials without specific written authorization fi.om the Contract Administrator. 34. GOVERNING LAW AND VENUE: The laws of the State of Florida shall govern this Agreement Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida 35. COMPLIANCE WITH LAWS: The Contractor shall conduct operations under this Agreement in compliance with all applicable laws. 36. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed fi.om the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement fi.om being void should a provision, which is of the essence of the Agreement, be determined to be void. 37. ASSIGNMENT AND SUBLETYING: No assignment of this Agreement or any right occurring under this Agreement shall be made in whole or part by the Contractor without the express written consent of the City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment or assignment by the Contractor. Any assignment of this Agreement made by the Contractor without the express written consent of the City shall be null and void and shall be grounds for the City to declare a default of this Agreement and immediately terminate this Agreement by giving written notice to the Contractor, and upon the date of such notice this Agreement shall be deemed immediately terminated, and upon such termination all liability of the City under this Agreement to the Contractor shall cease, and City - 35 - 38. 39. 40. 41. 42. 43. shall have the fight to call the performance bond and shall be flee to negotiate with other contractors or any other person or company for the service of the fi-anchise area which is the subject of this Agreement. In the event of any assignment, assignee shall fully assume all the liabilities of the Contractor. For purposes of this section a parent subsidiary or holding company shall mean any person, corporation or company holding, owning or in control of more than 10% stock or financial interest of another person, corporation or company. MODIlelCATION: This Agreement constitutes the entire contract and understanding between the parties hereto, and it shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Such modification shall be in the form of an Amendment executed by both parties. INDEPENDENCE OF AGREEMENT: It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co-partners between the parties hereto, or as constituting the Contractor as the agent, representative or employee of the City for any purpose whatsoever. The Contractor is to be and shall remain an independent contractor with respect to all services performed under this Agreement. ANNEXATIONS: Adjustments to Service Area boundaries and the rights of the parties to this Contract due to municipal annexation or contraction will be as provided by Florida Statutes Section 171.062, as amended, or its successor CHANGE OF LAW: The parties understand and agree that the Florida Legislature from time to time has made comprehensive changes in Solid Waste Management legislation and that these and other changes in law in the future, whether federal, state or local, which mandate certain actions or programs for counties or municipalities may require changes or modifications in some of the terms, conditions or obligations under this Agreement. Nothing contained in this Agreement shall require any party to perform any act or function contrary to law To the extent that any law effective after the opening and awarding of bids for this Agreement is in conflict with, or requires changes in, the provisions of collection service or exclusive rights set out in this Agreement, the parties agree to enter into good-faith negotiations for the resolution of any such changes in this Agreement as a result of change in law. OTi~R RATE ADJUSTMENTS: The City will strictly enforce all of the provisions of the Franchise Agreement including penalty clauses for any performance quality problems. PUBLIC ENTITY CRIMES: No Contractor may be a person or affiliate identified on the Department of General Services "convicted vendor" list. This list is defined as consisting of persons and affiliates who are disqualified fi.om public contracting and purchasing process - 36 - because they have been found guilty of a public entity crime. The Contractor is required to comply with Florida Statutes Section 287.133, as amended, or its successor 4e 45. SUBSTANTIAL COMPLIANCE: The Contractor shall promptly collect all materials disposed of by the customer, provided the materials are prepared and placed within substantial compliance with the guidelines as set forth herein. Any clarification as to the standards of substantial compliance shall be determined by the Contract Administrator. ~COReORATE Bm com)rnoNs: The General Terms and Conditions and the Special Terms and Conditions presented in the original bid package are hereby made part of this Agreement as additional conditions. - 37 - In Witness Whereof, the City of Dekay Beach, at a regular meeting thereof, by action of the City Commission authorizing and directing the foregoing be adopted, has caused these presents to be signed by the City Manager, and the City's seal to be hereunto affixed, and , has executed this Agreement all as of the day and year first above written. Witness' 1. CITY OF DELRAY BEACH 2. By: City Manager Approved as to Form and Legal Sufficiency: By: City Attorney (Seal) Attest: CONTRACTOR: Corporate Secretary Witness: 1. Approved by City Commission on Name' Title: Signature ,2001, Item (Seal) - 38 - EXHIBITS EXHIBIT I Approved Rate Schedule FY 2001-02 Monthly Rate Residential Collection (Per Unit) Services Curbside Rollout Curbside Bag Rear-Door Owner Multi-Family Cart Container Solid Waste Collection $ $ $ $ Vegetative Collection $ $ $ $ Recycling Collection $ $ $ $ Total Collection Fees $ $ $ $ Franchise Fee $ $ $ $ (5% of coll. fees) (5% of coll., fees )(5% of coll. fees) (5% of coll. Fees) Cart R&R Fee $ 30 $ .00 $ .00 $ .00 Admin. Fee $ 35 $ 35 $ 35 $ 35 Total/Month/Unit $ $ $ $ Commercial Solid Waste and Recycling Collection Rates Container Collection Rate Compactor Collection Rate (12 cubic yards or less) Compactor Collection Rate (more than 12 cubic yards) Roll-off Collection Rate Franchise Fee $ per cubic yard $ (1.25 x the comainer collection rate) $ per pull $ per pull 5% of Collection Rate per Container Franchise Agreement Exhibit 1 Exhibit RATES DETERMINED BY ~ CITY .(NOT TO BE ADJUSTED DURING TERM). SPECIAL SERVICES Service Rolling Out Commercial 95 gallon container (10 or more feet) Rolling Out Container (and returning it to original ocation) Rate per service $1.00 (no charge for commercial less than 10 feet) $2.70 Opening (and closing) Doors or Gates No Charge Locks for Containers $9.00 (one time) Charge for Replacements based on cost +10% Unlocking Containers $1.35 Supplying (and retrofitting) $55.00 locking mechanism on container Adding wheels to or changing wheels on No Charge Containers Adding lids to or changing lids on No Charge Containers Moving Container Location Per Customer No Charge Request Changing Out Sizes (above twice per $25 00 year)* Additional Scheduled Pick-ups for Residential Containerized Customers Same as Applicable Commercial Collection Rates (No Disposal Charges) 3 trines Apphcable Commercial Rates (No Disposal Charges for Residenhal) Negoliable Additional Unscheduled (not including "on-call") Pick-ups for Commercial and Residential Containerized Customers Special Service or special equipment required because of impaired accessibilit~ The first two change outs are free to the customer. Franchise Agreement Exhibit 1 Exhibit RATES DETERMINED BY THE CITY .(NOT TO BE ADJUSTED DURING TERM), MONTI:H,Y CONTAINER RENTAL RATES CONTAINERS SIZE RATE 1 YD $18.70 2 YD $19.40 3 YD $21.44 4 YD $22.21 6 YD $25.53 8 YD $27.09 10 YD $32.79 COMMERCIAL SOLID WASTE AND VEGETATIVE DISPOSAL CHARGE The City will determine the commercial disposal fee rates (S/cubic yard) each Fiscal Year based on a calculation supplied by the Authority and the tipping fee. The calculation for non-compacted Garbage and Trash is 134 lbs/cubic yard times the Authority's tipping fee (S/ton) times 1 ton/2000 lbs. = S/cubic yard. Commercial non-compacted Vegetation is calculated at 275 lbs./cubic yard times the Authority's tipping fee (S/ton) times 1 ton/2000 lbs. = S/cubic yard. The compacted rate for commercial solid waste or vegetative waste may be billed at either the actual expense or three times the rate for non-compacted solid waste or vegetative rate, respectively. Franchise Agreemem Exhibit 1 Exhibit EXi~IRIT II Payment Adjustment Schedule The annual consumer price index (April to April, All Urban Consumers- not to exceed 3%) adjustment shall be applied to the base residential and commercial collection rates only as shown in Exhibit I and as provided within this Agreement. Consumer Price Index (CPI), U.S. City Average, (Unadjusted), All Urban Consumers, All Items Franchise Agreement Exhibit 2 Exhibit EXItmIT Ill COLLECTION FRANCHISE AGREEMENT PERFORMANCE BOND REQUIREMENT The annual performance bond due to the City fi.om the Contractor is calculated as: Gross Annual Contractor Revenues -- Performance Bond Required Franchise Agreement Exhibit 3 Exhibit I)RI~'~ l~'RT, lr~ W~RICPI,ACE CERTIglCATION If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shah be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service, are received by the State or any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1. This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1 .). 4. In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, they will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days at, er such conviction. 5. This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Contractor's Name Signature DFW- 1 Exhibit Bid Bond STATE OF FLORIDA ) COUNTY OF ) SS KNOW ALL MY BY THESE PRESENTS that as Principal, and as surety, are held and firmly bound unto the City of Delray Beach, Florida, hereinafter called the City in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and several- ly, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas the Principal has submitted the accompanying bid, dated , for: CITY OF DELRAY BEACH SOLID WASTE, VEGETATIVE WASTE, AND RECYCLING COLLECTION SERVICES NOW, THEREFORE, (a) It is a condition precedent to the submission of said bid that a certified check, cashiers check or bid bond in the amount of five percent (5%) of the base bid be submitted with said bid as a guarantee that Bidder would, if awarded the contract, enter into a written contract with the CITY. (b) If the Principal shall not withdraw said bond within (60) days after date of the same, and shall within fifteen (15) days after the prescribed forms are presented to him for signature, enter into a written contract with the CITY in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligation shall be void and of no effect, otherwise the sum herein stated shall be due and payable to the CITY and the surety herein agrees to pay said sum immediately upon demand of the CITY in good and lawful money of the United States of America as liquidated damages for failure thereof of said principal. BB-1 Exhibit IN WITNESS WHEREOF, the above-bounded parties executed this instrument under their several seals, this day of , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its goveming body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required) Secretary Only will attest and affix seal) PRINCIPAL (If Corporation, Signature of Authorized Officer (Affix Seal) WITNESSES: Title Business Address City State SURETY: Corporate Surety Attorney-in-Fact (Affix Seal) Business Address City State ,200_ BB-2 Name of Local Insurance Agency Exhibit City of Delray Beach 100 NW l't Avenue Delray Beach, FL 33444 Re' Common Law Performance Bond To Whom it May Concern: I, , on behalf of , Surety for Project No and Project Name Residential and Commercial Solid Waste Collection Services, hereby agrees and understands that the performance bond that is part of Bid No.2001- 21 is a common law performance bond and is not subject to or governed by Florida Statutes. The common law performance bond contains different provisions than a statutory performance bond One such provision grants to the City the ability to institute a cause of action within a five (5)- year period from the date the cause of action accrued. Furthermore, I understand and agree that the placement of any page or document in the contract or bid documents, asserting that all bonds are governed by Florida Statutes, does not change the performance bond from a common law performance bond to a statutory bond. By: (Print or type name) (Name of Surety Company) PB-1 Exhibit FLORIDA COMMON LAW PERFORMANCE BOND BOND NO.: AMOUNT: KNOW ALL MEN BY THESE PRESENTS, that of hereinafter called the CONTRACTOR (Principal), whose principal address and phone number is and a duly organized corporation, nationally recognized surety company licensed and/or registered to engage in the surety business in the State of Florida and enter into agreements of surety with a resident agent licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, the principal address and phone number of which is and , and existing under and by virtue of the laws of the State of Florida, hereinafter called the SURETY, are held firmly bound unto the City of Delray Beach, Florida as OWNER (Obligee), whose principal address and phone number is 100 NW First Avenue, Delray Beach, Florida 33444, (561) 243-7000, in the sum of: Dollars ($ ), lawful money of the United States of America, for the payment of which, well and truly be made to the OWNER. The CONTRACTOR and the SURETY bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto attached with the OWNER, dated , 19 , to furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Plans, Drawings, and Specifications prepared by the Owner's, all of which is made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned,, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein, for a project entitled as CITY OF DELRAY BEACH SOLID WASTE COLLECTION SERVICES NOW, THEREFORE, the conditions of this obligation are such that if the above bounden CONTRACTOR shall in all respects fully, promptly, and faithfully comply with the terms and conditions of said Contract Documents (which include the Plans, Drawings, Specification, and conditions as prepared by said CONSULTANT, Advertisement for Bids, Instructions to Bidders, the CONTRACTOR'S bid as accepted by the above OWNER, the Bid and Contract Performance and Payment Bonds, all Addenda, if any, issued prior to the opening of bids and change orders), and shall indemnify and save harmless above OWNER against and from all costs, expenses, damages, including but not limited to damages for delay due to contractors default, attorney% PB-1 Exhibit fees, including appellate proceedings, injury, or loss of which said OWNER may be subject by reason of any wrongdoing, misconduct, want of care or skill, negligence, failure to petition within the prescribed time, delay or default, including patent infringements, on the part of said CONTRACTOR, his agents, or employees, in the execution or performance of said CONTRACT; then this obligation shall be void, otherwise, to remain in full force and effect for the term of said Contract, including any and all guarantee periods as specifically mentioned in said Contract Documents; AND, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying the said Contract shall effect said obligation of said Surety on this bond, and the said Surety does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the Drawings and Specifications or any other changes, compliance or noncompliance to the terms of the Contract as to the work or to the Specification. The Surety shall be responsible for delay damages due to Contractors default and consequential damages for Surety's failure to fulfill its responsibilities as set forth herein. Any suit under this bond must be instituted within five years from the date the cause of action accrued. IN WITNESS WHEREOF, the above parties bounded together have executed this instrument in five (5) original counterparts this day of , 19 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. CONTRACTOR (PRINCIPAL) Attest ffirmName) By (Signature) (Print or type) (Seal) PB -2 Exhibit ATTEST: Surety By (SEAL) Approved as to form: Date City Attorney CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this by day of (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a .(state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped PB-3 Exhibit ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrumem was acknowledged before me this day of , by (name of person acknowledged), who is personally known to me or has produced (type of idemification) as idemification and who did (did not) take an oath. Signature of Person Taking Acknowledgmem Name of Acknowledger Typed, Primed or Stamped ACKNOWLEDGMENT IF PARTNERSHIP STATE OF COUNTY OF The foregoing instrumem was acknowledged before me this by (Name of acknowledging partner , partner (or agem) day of or agent) of on behalf of (Name of partnership), a partnership. He/She is (personally known to me) (or has produced identification) .(type of idemification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgmem PB -4 Name of Acknowledger Typed, Primed or Stamped Exhibit FLORIDA PAYMENT BOND BOND NO. KNOW ALL MEN BY THESE PRESENTS, that of hereinafter called the CONTRACTOR (Principal), whose principal address and phone number is and , a duly organized corporation, nationally recognized surety company licensed and/or registered to engage in the surety business in the State of Florida and enter into agreements of surety with a resident agent licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, the principal address and phone number of which is and , and existing under and by virtue of the laws of the State of Florida, hereinafter called the SURETY, are held firmly bound unto the City of Delray Beach, Florida as OWNER (Obligee), whose principal address and phone number is 100 N W First Avenue, Delray Beach, Florida 33444, (561) 243-7000, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which, well and truly be made to the OWNER The CONTRACTOR and the SURETY bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto attached with the OWNER, dated , 19 , to furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Plans, Drawings, and Specifications prepared by the Owner's, all of which is made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein, for a project entitled as: CITY OF DELRAY BEACH SOLID WASTE COLLECTION SERVICES Project Description, including a general description of the project and the project address: RESIDENTIAL AND COMMERCIAL SOLID WASTE, VEGETATIVE WASTE AND RECYCLING COLLECTION SERVICES. PYB- 1 NOW, THEREFORE, the conditions of this obligation are such that if the above-bounden CONTRACTOR shall promptly make payments to all persons supplying materials, equipment, and/or labor used directly or indirectly by said Contractor or subcontractors in the prosecution of the work provided for in said Contract in accordance with Sections 255.05 or 713.23, Florida Statutes; then this obligation shall be null and void and of no further force and effect; otherwise to remain in full force and effect; AND, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying the said Contract shall effect said obligation of said Surety on this bond, and the said Surety does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the Drawings and Specifications or any other changes, compliance or noncompliance to the terms of the Contract as to the work or to the Specifications Claimant shall give written notice to the Contractor and to the Surety as required by Sections 255.05 or 713.23, Florida Statutes. Any actions against the Contractor or the Surety shall be brought within the time specified by Sections 255.05 or 713.23, Florida Statutes IN WITNESS WHEREOF, the above parties bounded together have executed this instrument in five (5) original counterparts this __ day of, 19 the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body. CONTRACTOR Firm Name By Signature Attest (Type or print) (Seal) PYB-2 SURETY By: (Seal) Attest APPROVED AS TO FORM: STATE OF COUNTY OF The foregoing , by acknowledging), a behalf of the corporation. take an oath. Date City Attorney CORPORATE ACKNOWLEDGEMENT instrument was acknowledged before me this day of (name of officer or agent, title of officer or agent), of (name of corporation (state or place of incorporation) corporation, on He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped PYB- 3 ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL STATE OF COUNTY OF of person The foregoing instrument was acknowledged before me this , by. acknowledged), who is personally known to me (type of identification and who did (did not) take an oath. day .(name of or has produced identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped ACKNOWLEDGMENT IF PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of acknowledging partner or agent) of , partner (or agent) on behalf of .(name of partnership), a partnership. He/She is (personally known to me) (or has produced identification). (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped PYB- 4 LIMITED POWER OF ATTORNEY and (Principal) (Surety) hereby grants the City Clerk of the City of Delray Beach Power of Attorney to insert the date of execution on the contract, surety bonds to the contract and agreement entitled, In Witness Whereof, have hereunto set hand and seal this day of ,199 Principal (SEAL) Witnesses: Surety (SEAL) CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF of The foregoing instrument was acknowledged before me this by officer or acknowledging), a behalf of the corporation. take an oath. day of (name agent, title of officer or agent), of (name of corporation .(state or place of incorporation) corporation, on He/She is (personally known to me) (or has produced identification) .(type of identification) (as identification) and (did/did not) Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Primed or Stamped LPA-1 ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of person acknowledged), who is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped ACKNOWLEDGMENT IF PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of acknowledging partner or agent) of , partner (or agent) on behalf of .(name of partnership), a partnership. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped LPA-2 CITY OF DELRA Y BEACH, FLORIDA - Residential Wasle & Recycling Collection Boundaries- //~, y~ ~ 't' ~/ __ ,-~-., ~//( I'"- ~-;: ~ 1 . ,,. x . .! ~ , , ~',,',. , .~,",-~lL"q"/' ', ,",x;k~-?'X',' ~'.'q",)q~,., ~ ,, / ........... ~:;;-'~ "'"':::~""~-'~*'~' '~ '" j i MO~,~DAY HOb, I~'A Y TUE~OA¥ TUESDAY ~DNESDAY ~DN[SDAY C~IY C~ DELRAY ~, R. I"i.A~IdN~ & ZOMI40 DEPARTMENT ~[CYC~ MONDAY THJRSDAY T~J[~O~¥ ~' R¢..A ¢ W[DNI[S~A¥ % A T,JRO a", O~C0 0~ 00o~ 0 0 0 00~0 coOO~ 00~ 000000 000000 ~dddddd 0000 0000 CITY OF DELRAY BEACH BID PROPOSAL FORM To: City of Delray Beach 100 NW l't Avenue Delray Beach, Florida 33444 Project: Solid Waste, Veltetative Waste, and Rec¥cline Collection Services City Project Manager' Joseph M. Safford, Finance Director Bidder: Bidder Address: Date: Bidder Representative: Phone: BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the only persons, or parties interested in this Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of the City of Delray Beach and that the bid is made without any connection or collusion with any person submitting another Bid on this Project The Bidder further declares that no City Commission Member, other City officer or employee directly or indirectly owns more than five percent (5%) of the total assets or capital stock of the bidding entity, nor will such an individual directly or indirectly benefit by more than five percent (5%) from the profits or emoluments of this contract The Bidder further declares that he has carefully examined the General Terms and Conditions, the Special Terms and Conditions, and the Franchise Agreement and that this Bid is made according to the provisions and under the terms of these documents, which specifications are hereby made a part of this Bid. The Bidder further declares that any deviation from the General Terms and Conditions or the Special Terms and Conditions are explained on separate sheets labeled "Clarifications and Exceptions" and are attached to the bid submittal. Each deviation is to be itemized by number and specifically refer to the applicable specification paragraph and page. BPF-1 Bid Form (Pa~e 2) ADDENDA The Bidder hereby acknowledges that he has received Addenda No.'s , , __, __ General Terms and Conditions, the Special Terms and Conditions or the Franchise Agreement. to the TAXES The Bidder hereby acknowledges that the sums bid below shall not include Florida sales or gross receipts tax amounts. The City of Delray Beach is exempt from these taxes on services. BID DATA SUPPLIED BY CITY The Bidder hereby acknowledges that the number of units, containers, cubic yards, or other data supplied by the City are good faith estimates for the sole purpose of determining bid awards. The City does not guarantee any minimum or maximum amount of work whatsoever. BID PRICES Bidders wishing to perform the residential solid waste, vegetative waste and recycling collection services for the City and Commercial solid waste collection services are required to submit bid prices as detailed below Residential Solid Waste, Vegetative Waste, and Recycling Collection Services I (We) propose to collect all residential solid waste, vegetative waste, and recycling from customers within the City of Delray Beach service area and to provide these services in complete accordance with the provisions of the General Terms and Conditions, the Special Terms and Conditions, and the Franchise Agreement. The bid prices below are for collection costs only. This residential bid includes single family and multi-family units. This bid does not include any special charges as shown in Exhibit I of the Franchise Agreement or City administrative charges, rollout cart fees or franchise fees Commercial Solid Waste I (We) propose to collect all commercial solid waste from businesses within the City of IYelray Beach service area and to provide these services in complete accordance with the provisions of the General Terms and Conditions, the Special Terms and Conditions, and the Franchise Agreement. The bid prices below are for collection costs only. This bid does not include container maintenance, disposal, special charges as shown in Exhibit I of the Franchise Agreement or City administrative charges or franchise fees ATTEST: BIDDER: (Corporate Seal) Signature Signature Title Title BPF-1 BID SUBMISSION FORM PROPOSED PROPOSED ,C, QLL, ECT!ON COLLECTION FEES ESTIMATED RATES PER per SERVICE UNITS MONTH YEAR Residential Solid Waste S/F Curbside Rollout Can 12,888 S/F Rear Door Owner 1,361 Container M/F Curbside Bags 2~505 M/F Containerized 13,847 Residential Vegetative Curbside Vegetative 16,754 Residential Recycling Curbside Recycling 16,754 Containerized Recycling 13,847 TOTAL RESIDENTIAL N/A PROPOSED COLLECTION FEES ESTIMATED COLLECTION per SERVICE CUBIC YARDS RATES per MONTH YEAR Commercial Solid Waste Containers (863) 33,832 $ per Cubic Yard Front-Load Compactor (5) 281 $ per Cubic Yard Roll-OffCompactors (19) Haul (Pull)Rate Only $ Per Pull N/A Commercial Recycling Containers (110) 1,330 $ per Cubic Yard TOTAL COMMERCIAL Note: Collection rates should not include disposal, container costs, special services costs or City fees. By: N~mle: Title: Date: Company Name BPF-2 www,delrayesd.com City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: City Manager City Commissioners Randal L Krejcarek, P.E. 27 February, 2001 Status Updates Atlantic Avenue Bridge George Bush Boulevard Bridge The following gives a brief overview of the above referenced bridge rehabilitation projects. Atlantic Avenue Bridge - FDOT ProJect Bid: Awa rd: Begin Construction: Length of construction: Days Closed: 09 Feb 2001 April 2001 April 2002 (after Delray Affair) 205 calendar days 10 max ($10,000/day incentive for each day < 10 days) George Bush Boulevard Bridge - Palm Beach County Project Bid: Rebid: Award: Begin Construction: Length of construction: Days Closed: Feb 2001 (no bids received) March 2001 June 2001 After 4 July 2001 120 calendar 30 +/-, towards end of project Thanks! enc ~ESSRVOO2~DEPARTMENTStEngAdmintLettersV~LK~CITYMGR~bndge updates doc Feb ~? 01 03: ~Gp p. 4 FOR IMMEDIATE RELEASE CONTACT: Sarah Peacock Crowell February 23,2001 (561) 802-8988 BRIDGE REPAIR UNDERWAY IN I}ELRAY PALM BEACH COUNTY -- Project officials report that the bridge spanning SW 10'h Street in Delray Beach will be undergoing repairs this weekend and will be open to traffic by March 5, baring unforeseen obstacles. The 14'6" high bridge was lilt by a garbage truck last Friday injuring the driver, his passenger and causing severe damage to one of the structure's six beams. Immediately after the crash S.W. 10th Street and one lane ofi-95 southbound were closed. After careful inspection and safety analysis, the Department was able to shift traffic offofthe damaged beam and open all three lanes ofl-95 southbound by 12:30 p.m. the following day. However, the roadway underneath remains closed. "If you look at this bridge Ii'om underneath, you can see six beams - basically two beams per lane. The outside beam, the one that supports traffic on the shoulder, was damaged. The other five beams were unharmed and can safely and effectively carry the weight of three lanes of traffic on 1-95. Our real concern is for traffic traveling underneath the bridge," officials reported. Once structural analysis was complete, a repair plan could be designed and supplies sought. "Designs were created for both a concrete and a steel replacement beam, depending on ava/lability. The next challenge was to find the materials, believe it or not, beams of this size aren't generally found laying around," said Sarah Peacock Crowell, spokeswoman for the 1-95 corridor construction projects, "We have what we need now and are ready to fix it." As a part of the 1-95 HOV/Expansion project currently under construction, reconstruction of the bridge will begin within the year. The plans for reconstruction do not affect the way in which the bridge is repaired. "Either way, our fa'st concern is safety. The fact that the bridge will be replaced does not alter the structural or safety guidelines and it is not an option to simply close the road until the new bridge is constructed." Crowell stated. Repair tean~ will be on sight beginning tomorrow and will complete repairs as quickly as possible. Atlantic Ave Bridge Rehab Update Project 1999-053 11 January, 2001 Notes from mandatory pre-bid meeting 1) 2) 3) 4) 5) 6) 7) I will be providing FDOT with a list of names and numbers of City staff to be used as references, if needed. Construction cannot begin until 8 April 2002, the contract time is 205 calendar days The Chamber will be provided information so they can distribute a regular construction update flyer, similar to Venetian Dr and Pineapple Grove Way. The contractor is allowed to totally close the bridge for 10 days (these do not have to be consecutive days). Does contractor need to provide for pedestrian crossing during complete closure or can existing trolley be utilized? Because we have restricted the time that the bridge can be totally closed, night work (between the hours of 9:00 p.m. and 6:00 a.m.) will be allowed. Does City Commission needs to approve these working hours? Right now it is uncertain exactly how many nights this includes. After contract is awarded FDOT will get schedule from contractor. FDOT wants to grant night work during entire project. FDOT wanted to know what permits are required and if any City required inspections can be handled by FDOT. I am working with Jerry on this one. On 4 July 2002, the Contractor has to provide at least two westbound lanes and one eastbound lane between the hours of 3:00 p.m. and 1:00 a.m. (5 July 2002). I need to give FDOT direction on # 4 & 5. t~E SSRVOO2tDEPARTMENTS~EngAdrnintProjectst1999~gg-O531LETTERS~C~ehab Update. doc Planning & Zoning Department MEMORANDUM TO: THRU: FROM: Mayor and City Commission Pa~ul%~orling~' DirectorDi of Plannri~gl and Zoning Parking Specialist DATE: February 23, 2001 RE: Parking Lift System Video In response to your concerns expressed in the February 6tn Commission meeting regarding the potential problem of noise levels associated with the use of the mechanical parking lift systems, Jeff Costello and I took a trip to Miami and video- recorded the apparatus in use. The site visited was an outdoor parking lot behind the City National Bank located at 25 W. Flagler St. The pitch generated by the hydraulic motor is similar to a medium to large air conditioning compressor. The apparatus in the video is not soundproofed and therefore illustrates a worse case scenario. You will notice the machine is virtually silent when lowering vehicles for retrieval. This was a concern of mine, as retrieval of the vehicles would more than likely be done in the later part of the evening. At your workshop staff will present the video. cc: Robert Barcinski / Assistant City Manager Lift video memo / Comm Workshop