07-06-99 Regular CITY OF DEI,I~Y BEACH, FBORID~ - CITY CO~ISSION REG~ ~EETI~G
1993
~ 6, Z~99 - 6:00 ~.~./~Z~ ~Z~O~ ~:00 ~.~.
CO~ISSION C~BERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits of
a service, program or activity conducted by the City. Contact Doug Randolph
at 243-7127 (voice) or 243-7199 (TDD), 24 hours'prior to the event in order
for the City to accommodate your request. Adaptive listening devices are
available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less. The Mayor or presiding officer has discretion to adjust
the amount of time .allocated.
A. Public Hearings: Any citizen is entitled to speak on items under
this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the scope
of jurisdiction of the Commission .under.this section. The Commission
may withhold comment or direct the City Manager to take action.'on
requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under these
sections.
2. SI~N IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items should
sign in on the sheet located on the right side of the dais. If you are not
able to do so prior to the start of the meeting, you may still address the
Commission on an appropriate item. The primary purpose of the sign-in sheet
is to assist staff with record keeping. Therefore, when you come up to the
podium to speak, please complete the sign-in sheet if you have not already
done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. Ail comments
must be addressed to the Commission as a body and not to individuals. Any
person making impertinent or slanderous remarks or who becomes boisterous
while addressing the Commission shall be barred by the presiding officer
from speaking further, unless permission to continue or again address the
Commission is granted by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this meeting,
such person will need to ensure that a verbatim record includes the
testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
5. Approval of Minutes:
Regular Meeting of June 15, 1999
Special Meeting of June 22, 1999
6. Proclamations: None
7. Presentations: None
8. Consent Agenda: City Manager recommends approval.
A. RESOLUTION NO. 39-99: Approve a resolution requesting funds from
the Palm Beach County Emergency Medical Services Grants Program
to be used for the purchase of an additional Special Events
Response Vehicle (SERV) for the Fire Department.
B. RESOLUTION NO. 41-99: Approve a resolution in honor of the late
Dr. Robert E. Raborn and proclaim Arbor Day 2000 (April 30, 2000)
as "Dr. Robert E. Raborn Arbor Day", and authorize a letter be
sent to the Palm Beach County Board of Commissioners requesting
similar recognition for Dr. Raborn.
C. FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE PROGRAM:
Approve a funding subsidy in the total amount of $18,375.00 for
an income eligible applicant under the Delray Beach Renaissance
Program., with funding from 118-1924-554-83.01 (SHIP Program).
D. AMENDMENT #002 TO SUBSTANCE ABUSE GRANT CONTRACT WITH FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES FOR FY 1999: Approve
Amendment #002 to the standard contract between the City and the
State Department of Children and Families for FY 1999 to decrease
the City's funding allocation for the Adult Substance Abuse
Prevention component by $27,800 due to a late program start date.
Regular Commission Meeting
July 6, 1999
9. Regular Agenda:
A. CRA REQUEST TO RESOLVE LIENS AGAINST PROPERTY LOCATED AT 107-109
S.W. 5TH AVENUE: Consider a request from the Community
Redevelopment Agency (CRA) to waive all but $5,387.80 of the
total of $12,058.51 in accumulated liens, interest and
administrative fees assessed against the property addressed as
107-109 S.W. 5th Avenue.
B. CONTRACT ADDITION (C.O. #1)/MAN CON, INC. (NORTHWEST AREA
DRAINAGE, ROADWAY AND UTILITY IMPROVEMENTS): Consider approval
of a contract addition in the amount of $215,119.00 for
installation of new 8" ductile iron water mains on various
streets, the installation of new water services on an existing
16" water main on N.W. 4tn Avenue from N.W. 3rd Street north to
Lake Ida Road, and one inch asphalt overlay of the streets upon
completion of the utility work. Funding is available from 442-
5178-536-63.50 (W&S Renewal & Replacement/Water Mains).
C. RESOLUTION NO. 44-99 AND SPECIAL EVENT REQUEST/22~ ANNUAL ROOTS
FESTIVAL: Consider approval of a resolution in support of the
22~ Annual Roots Cultural Festival to be held July 9th through
August 8, 1999, together with consideration of requested support
items and insurance requirements.
D. RESOLUTION NO. 43-99 (AMENDING THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM/LOCAL HOUSING ASSISTANCE PLAN):
Consider approval of a resolution amending the previously adopted
and approved Local Housing Assistance Plan pursuant to the State
Housing Initiatives Partnership (SHIP) program for Fiscal Years
1999, 2000 and 2001, to allow an increase in the maximum
allowable assistance awards for low income applicants, authorize
the necessary certifications by the Mayor and submission of the
amended plan to the State of Florida Housing Finance Corporation.
E. AUTHORIZATION TO CLOSE 1993 BOND WATER AND SEWER FI/ND: Consider
approval of the Finance Department's request to close the 1993
Bond Water and Sewer Fund and transfer the funds to the Water and
Sewer Fund.
F. SETTLEMENT OFFER/AMIE CLARK V. CITY: Consider approval of a
settlement offer in the referenced matter as recommended by the
City Attorney.
G. APPOINTMENT TO DELRAY BEACH PUBLIC LIBRARY TASK TEAM: Consider
the appointment of Commissioner Archer to the Delray Beach Public
Library Task Team.
H. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a
member to the Delray Beach Housing Authority to fill an unexpired
term ending July 14, 2002. The recommendation, subject to
acceptance by Mayor Alperin, will be made by Commissioner Wright
(Seat #3).
-5-
Regular Commission Meeting
July 6, 1999
I. NOMINATION TO SOUTH COUNTY JURY TRIAL FEASIBILITY COMMITTEE:
Consider nominating a representative for possible appointment to
the South County Jury Trial Feasibility Committee established by
the Board of County Commissioners to review and provide
recommendations regarding the feasibility of establishing
additional Jury Districts in Palm Beach County.
10. Public Hearings:
A. ORDINANCE NO. 25-99 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending Land Development Regulations by amending
Section 4.6.13, "Parking and Storage of Commercial Vehicles,
Boats, Trucks, and Similar Vehicles", to amend parking and
storage requirements as they relate to truck parking in the
Seacrest/Del-Ida Park Neighborhood Plan in the R-1-A (Single
Family Residential) zone district. If passed, a second public
hearing will be scheduled for July 20, 1999.
B. ORDINANCE NO. 23-99 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending Section 4.4.13, "Central Business (CBD)
District", Subsection (G), "Supplemental District Regulations",
and Section 4.6.9, "Off-Street Parking Regulations", Subsection
4.6.9(E), "Location of Parking Spaces", of the Land Development
Regulations of the City of Delray Beach, to amend parking
requirements for restaurants in the Central Business (CBD)
District. If passed, a second public hearing will be scheduled
for July 20, 1999.
C. ORDINANCE NO. 24-99 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending Section 4.4.13 "Central Business (CBD)
District", Subsection (G), "Supplemental District Regulations",
and Section 4.6.9, Off-Street Parking Regulations , Subsection
(C), "Number of Parking Spaces Required", of the Land Development
Regulations of the City of Delray Beach, to amend parking
requirements for residential uses in the Central Business
District and for certain mixed use projects within the City. If
passed, a second public hearing will be scheduled for July 20,
1999.
D. ORDINANCE NO. 20-99: An ordinance amending Chapter 35, "Employee
Policies and Benefits", Subheading "Retirement Plan", of the City
Code by amending Section 35.098, "Supplemental Retirement Income
and Minimum Benefits", to provide certain eligible members and
their beneficiaries who retired under the General Employees
Pension Plan with enhanced benefits, including an increased
minimum benefit for participants with ten or more years of
credited service.
E. ORDINANCE NO. 21-99: An ordinance amending Chapter 33, "Police
and Fire Departments", Subheading "Pensions", Section 33.68,
"Supplemental Retirement Income and Minimum Benefit for Members
Who Retired Prior to a Certain Date", of the City Code by
amending Subsection 33.68(A) and by enacting Subsection 33.68(C),
to provide eligible members and their beneficiaries who retired
-6-
Regular Commission Meeting
July 6,1999
under the "Police and Fire Pension Plan" with certain enhanced
benefits and setting a minimum benefit.
~i ORDINANCE NO. 22-99 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the Land Development Regulations of the City
of Delray Beach by amending Section 4.4.13, "Central Business
(CBD) District", Subsection 4.4.13(B), ~Principal Uses and
Structures Permitted", Subsection 4.4.13(F) (2), ~Open Space",
Subsection 4.4.13(G) (2), "Setbacks", and Subsection 4.4.13(H),
"Special Regulations", subparagraph (4); by amending Section
4.4.28, ~Central Business District-Railroad Corridor (CBD-RC),
Subsection 4.4.28(B), "Principal Uses and Structures Permitted",
all to amend the Central Business District and the Central
Business District-Railroad Corridor zone districts in conjunction
with the adopted Pineapple Grove Main Street Plan. If passed, a
second public hearing will be scheduled for July 20, 1999.
RESOLUTION NO. 40-99 (PROPERTY TRANSACTIONS BETWEEN THE CITY, THE
CRA AND THE HOUSE OF GOD CHURCH): Consider approval of a
resolution authorizing the City to purchase and sell certain real
property located on the west side of N.W. 3rd Avenue and
incorporating the terms and conditions of two Contracts for Sale
and Purchase between the City, the Community Redevelopment
Agency, and The House of God Church.
11. Co~,ents and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 26-99: An ordinance amending Chapter 50,
"Utilities Generally; Public Service Tax", Section 50.19,
"Monthly Returns Required; Computation", by repealing Subsection
50.19(A) and enacting a new Subsection 50.19(A) to provide for a
quarterly return for sellers whose tax liability does not exceed
$120.00 per quarter. If passed, a public hearing will be
scheduled for July 20, 1999.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-7-
Regular Commission Meeting
July 6, 1999
E. CONTRACT RENEWAL FOR FY 2000 WITH DEPARTMENT OF CHILDREN AND
FAMILIES FOR CHILD/ADOLESCENT AND ADULT SUBSTANCE ABUSE
PREVENTION PROGRAMS: Approve renewal of the contract between the
City and the Department of Children and Families to continue the
provision of substance abuse prevention programs and services to
children/adolescents and adults residing within the CDBG target
area. The amount of grant funding for FY 2000 has increased to
$135,ooo.
F. CENTER BASED CHILD CARE AGREEMENT WITH THE SCHOOL DISTRICT OF
PALM BEACH COUNTY: Approve the renewal of the Center Based Child
Care Agreement with the School District of Palm Beach County to
provide child care service programs within the City of Delray
Beach for the period July 1, 1999 through June 30, 2000.
G. ADDENDUM NO. 1/AGREEMENT FOR GENERAL CONSULTING ENGINEERING
SERVICES: Approve and authorize the Mayor to execute Addendum
No. 1 to the City's standard Agreement for General Consulting
Engineering Services. The addendum clarifies what is to be
included in each phase of the service authorization and will be
reviewed and approved by the City Attorney prior to execution.
H. FINAL PAYMENT/FARMER & IRWIN CORPORATION (POLICE DEPARTMENT AIR
CONDITIONING UNITS): Approve final payment in the amount of
$3,468.00 to Farmer & Irwin Corporation for completion of the
replacement of seven roof top and roof mounted air conditioning
units at Police Department headquarters, with funding from 334-
6111-519-63.21 (General Construction Fund - Police A/C Chiller
System).
I. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY REGARDING UNLICENSED
CONTRACTORS: Approve an interlocal agreement between the City
and Palm Beach County to participate under the County's Ordinance
97-56 which provides for the regulation of contractors and
construction activities. The agreement authorizes the County to
enforce the ordinance within our municipal boundaries.
J. ACCESS EASEMENT AND OFF-SITE PARKING AGREEMENT: Approve an
Access Easement and Off-Site Parking Agreement by and between
Wal-Mart Stores, Inc., LS&R Investments (d/b/a Delray Eye
Associates), and the City wherein Wal-Mart agrees to grant Delray
Eye Associates the exclusive right to use 20 surplus parking
spaces on Wal-Mart's property as well as a non-exclusive access
easement across its driveways and walkways to allow Delray Eye
Associates customers access to the 20 parking spaces.
K. AUTHORITY TO FILE QUIET TITLE ACTIONS: Approve and authorize the
City Attorney's Office to file quiet title actions on properties
received each year from Palm Beach County through the County
lands available list.
L. AUTO THEFT TASK FORCE AGREEMENT: Approve an Auto Theft Task
Force Agreement between the City and the Palm Beach County
Sheriff's Office whereby Delray Beach will participate in a
multi-agency operation that combines the resources of law
-3-
Regular Commission Meeting
July 6,1999
enforcement agencies within Palm Beach County to help lower the
rate of stolen vehicles.
M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the
actions and decisions made by the Land Development Boards for the
period June 14, 1999, through July 2, 1999.
N. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the total amount of $25,456.21 to J.C.
White Office Furniture, via Florida State Contract, for the
purchase of office furniture modules and partitions for the
City Clerk's Office, with funding in the amount of $2,700.00
from 001-1411-512-51.20 (Office Equipment < $500) and
$22,800.00) from 001-1411-512-64.10 (Office
Furniture/Fixtures).
2. Purchase award in the amount of $11,098.09 to J.C. White
Office Furniture, via Florida State Contract, for the
purchase of replacement furniture for the Police
Department's Crimes Against Persons office, with funding
from 001-2115-521-51.20 (Police Investigative - Office
Equipment < $500).
3. Bid award to Bishop Plumbing Company as primary contractor
and to Stokes Mechanical Contractor, Inc. as backup
contractor for the Plumbing Services and Repairs annual
contract at an estimated annual cost of $12,856.00, with
funding from various departmental operating expense budgets.
4. Bid award to Davco Electrical Corporation as primary
contractor and to J. Crudup Electric as backup contractor
for the Electrical Services and Repairs annual contract at
an estimated annual cost of $9,343.50, with funding from
various departmental operating expense budgets.
5. Bid award in the amount of $22,123.50 for continuation of
landscape improvements within the Seagate Neighborhood,
focusing on the irrigation and relandscaping of medians on
Seasage Drive, Bauhinia and Poinsettia, with funding from
334-4144-572-63.36 (General Construction Fund - Seagate
Medians).
6. Purchase award in the total amount of $31,245.00 to
International Development Advisory Services, Inc. (IDAS) for
the purchase of CrimeView/ArcView Crime Analysis/Mapping
software for the Police Department. IDAS is the exclusive
distributor in the State of Florida per agreement with the
Omega Group, the developers and publishers of the CrimeView
software. The ArcView software, including the Internet Map
Server, are under SNAPS agreement with the State of Florida,
effective through February 2, 2000. Funding in the amount
of $23,624.00 will be from 001-2113-521-66.10 (Support
Services/Software), with the remaining balance of $7,621.00
coming from Prior Year Surplus of the Law Enforcement Trust
Fund.
-4-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~!
SUBJECT: AGENDA ITF/~ # ~ - REGULAR MEETING OF JULY 6t 1999
RESOLUTION NO. 41-99 (IN HONOR OF DR. ROBERT E. RABORN)
DATE: JULY 1, 1999
We have received a request from Mr. Donald H. Gustafson, Mayor of
the Village of Golf, for recognition of the many contributions
made to the community by Dr. Robert E. Raborn (recently deceased)
through adoption of a resolution.
The request also includes support for recognizing the many
contributions of Dr. Raborn by asking that the Palm Beach County
Board of Commissioners name next year's Arbor Day (April 30,
2000) as "Dr. Robert E. Raborn Arbor Day". A draft letter in
support of this request is included in the backup material.
In view of Dr. Raborn's significant contributions to the
community as well as his strong interest in environmental
matters, I recommend approval of Resolution No. 41-99 and that
the Mayor be authorized to sign and forward the proposed letter
to the Palm Beach County Board of County Commissioners.
Ref :Agmemol4. Res41-99. Dr. Raborn
DELRAY BEACH
CITY CLERK oo..w.
AII-A~ricaC~
~ July 7, 1999
993
Ms. Maude Ford Lee, Chair
Palm Beach Board of County Commissioners
Governmental Center, 12th Floor
West Palm Beach, Florida 33401
Dear Chairwoman Lee:
Recently, one of the Village of Golf's residents passed away after a sudden illness. Over the course of
his lifetime he made significant contributions to the Cities of Delray Beach and Boynton Beach, as well
as the Village of Golf, and I wanted to write to make you aware of these contributions. His name was
Dr. Robert E. Raborn and he was one of the early physicians in Boynton and Delray, joining the
practice established by Dr. Weems. He was a Charter member of the Medical Staff of Bethesda
Memorial Hospital, which he helped found in 1959. His son, Dr. Richard Raborn, now has continued
his medical practice in Boynton Beach and Delray Beach.
He originally attended the University of Florida School of Agriculture, and developed a lifelong
interest in wildlife, horticulture, and environmentally compatible landscaping. Out of this interest he
developed a tree farm upon his retirement from active medical practice.
Dr. Raborn was active in the community, as a member of the Delray Beach Rotary Club and a former
director of the First National Bank of Delray Beach. His son, Doug is CEO of Raborn & Company,
an investment firm in downtown Delray Beach. He was instrumental in establishing the Caridad
Health Clinic for migrant workers, and was a strong supporter of public health issues over his 40 years
of practice. Because of his agriculture interests, he donated many trees for beautifying parks, and
road-right-of-ways.
The City of Delray Beach is requesting that Palm Beach County recognize the many contributions of
Dr. Raborn, by naming next year's Arbor Day (April 30, 2000), after Dr. Raborn. Enclosed you will
find a copy of Resolution No. 41-99 which was passed and adopted by the City Commission of the
City of Delray Beach at the regular meeting of July 6, 1999. Thank you for assisting us to honor the
memory of this outstanding Palm Beach County Resident.
Cc: Board of County Commissioners
Robert Weisman, County Administrator
THE EFFORT ALWAYS MATTERS
RESOLUTION NO. 41-99
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, IN HONOR OF
DR. ROBERT E. RABORN, ACKNOWLEDGING HIS
MEMORY AND HIS MANY GOOD WORKS IN DELRAY
BEACH AND NEIGHBORING MUNICIPALITIES.
WHEREAS, Dr. Robert E. Raborn was a native Floridian,
arriving in Palm Beach County in the summer of 1947; and
WHEREAS, he began one of the first medical practices
in South County, serving the residents of Boynton Beach, Delray
Beach, and Palm Beach County with care and compassion; and
WHEREAS, Dr. Raborn was a strong advocate of public
health issues and organized the first polio vaccine drive for
the Delray-Boynton area; and
WHEREAS, through his lifelong commitment to provide
the best quality health care for everyone, he started the first
Blood Bank in the area with locations as far south as Pompano,
and was instrumental in establishing Bethesda Memorial Hospital;
and
WHEREAS, through his dedication to the continuing
improvement of Bethesda Memorial Hospital he secured the first
EKG machine, a gift of the Briny Breezes community, established
the Intensive Care Unit in 1967, the Medical Library in 1960,
and the Cardiac Catheterization Laboratory in 1990; and
WHEREAS, Dr. Robert Raborn provided service to the
community not only as a dedicated physician, but as an active
member of the Delray Beach Rotary Club, a director of First
National Bank of Delray Beach, a tenor soloist for area
churches, and an active member of the Audubon Society; and
WHEREAS, as a student of the University of Florida
School or Agriculture he developed a life long interest in
wildlife and horticulture; and
WHEREAS, his interest in this area led him to assist
in beautifying the community by donating numerous trees for park
sites, road-right-of-ways, and charitable facilities such as the
Caridad Health Clinic for migrant workers and Bethesda Health
City; and
WHEREAS, his most recent accomplishment was the
certification from the National Audubon Society of the Country
Club of Florida as an Audubon Sanctuary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Florida, honor the many accomplishments, the kind
professionalism, sensitivity, and leadership of Dr. Robert E.
Raborn and recognize his ongoing efforts to beautify the
community.
Section 2. That the millennium year 2000 Arbor Day,
(April 30, 2000), will be proclaimed "Dr. Robert E. Raborn Arbor
Dasf' demonstrating that his spirit lives on and providing all of
us an opportunity to rededicate ourselves to the values and
service to the community that he so graciously demonstrated by
word and by deed.
PASSED AND ADOPTED in regular session on this the 6th
day of July, 1999.
ATTEST:
City C~rk
Res. No. 41-99
(561) 732-0236 UTILITY DEPARTMENT
FAX (561) 732-7024 (561) 737-7995
June 3, 1999
Mayor Jay Alperin
100 N.W. 1 st Ave.
Delray Beach, FI 33444-2698
Dear Mayor Alperin:
Recently, one of the Village of Golf's residents passed away after a sudden illness.
Over the course of his lifetime he made significant contributions to the Cities of Delray
Beach and Boynton Beach, as well as the Village of Golf, and I wanted to write to
make you aware of these contributions. His name was Dr. Robert E. Raborn and he
was one of the early physicians in Boynton and Delray, joining the practice
established by Dr. Weems. He was a Charter member of the Medical Staff of Bethesda
Memorial Hospital, which he helped found in 1959. His son, Dr. Richard Raborn, now
has continued his medical practice in both Boynton and Delray Beach.
He originally attended the University of Florida School of Agriculture, and developed a
lifelong interest in wildlife, horticulture, and environmentally compatible landscaping.
Out of this interest he developed a tree farm upon his retirement from active medical
practice.
Dr. Raborn was active in the community, as a member of the Delray Beach Rotary Club
and a former director of the First National Bank of Delray Beach. His son, Doug is CEO
of Raborn & Company, an investment firm in downtown Delray Beach.
The Village of Golf is requesting that Palm Beach County recognize the many
contributions of Dr. Raborn, by naming next year's Arbor Day after Dr. Raborn. We
would request that the City of Delray Beach support this effort as well. Attached is a
draft letter to the Chair of the County Commission, which we would request the City
sign and return to the Village in order that a joint package can be presented to the
County.
Additionally, if the City of Delray Beach would also honor Dr. Raborn and name Arbor
Day in Delray Beach as well, that would be appreciated. Attached is a draft
Resolution for your use to that effect. Thank you for your assistance with this matter.
Sincerely,
Donald H. Gustafson
Mayor, Village of Golf
v,//cc: David Harden, City Manager
RESOLUTION
A RESOLUTION OF THE CITY (COUNTY) COMMISSION OF ............... , PAYING
TRIBUTE TO A GREAT MAN BY NAMING ARBOR DAY 2000 IN HONOR OF DR.
ROBERT E. RABORN, ACKNOWLEDGING HIS MEMORY AND HIS MANY GOOD
WORKS.
WHEREAS, Dr. Robert E. Raborn was a native Floridian, arriving in Palm Beach
County in the summer of 1947, and
WHEREAS, he began one of the first medical practices in South County, serving the
residents of Boynton Beach, Delray Beach, and Palm Beach County with care and
compassion, and
WHEREAS, Dr. Raborn was a strong advocate of public health issues and organized
the first oral polio vaccine drive for the Delray-Boynton area,and
WHEREAS, through his lifelong commitment to provide the best quality health care for
everyone, he started the first Blood Bank in the area with locations as far south as
Pompano, and was instrumental in establishing Bethesda Memorial Hospital and
WHEREAS, through his dedication to the continuing improvement of Bethesda
Hospital he secured the first EKG machine, a gift of the Bdny Breezes community,
established the Intensive Care Unit in 1967, the Medical Library in 1960, and the
Cardiac Catheterization Laboratory in 1990, and
WHEREAS, Dr. Robert Raborn provided service to the community not only as a
dedicated physician, but as an active member of the Delray Beach Rotary Club, a
director of the First National Bank of Delray Beach, a tenor soloist for area churches,
and an active member of the Audubon Society, and
WHEREAS, as a student of the University of Florida School of Agriculture he
developed a life long interest in wildlife and horticulture, and
WHEREAS, his interest in this area led him to assist in beautifying the community by
donating numerous trees for park sites, road - right-of ways, and charitable facilities
such as the Caridad Health Clinic for migrant workers and Bethesda Health City, and
WHEREAS, his most recent accomplishment was the cedification from the National
Audubon Society of the Country Club of Florida as an Audubon Sanctuary;
Now therefore, be it resolved, by ................ , the following:
1) In honor of the many accomplishments, the kind professionalism, sensitivity, and
leadership of Dr. Robed E. Raborn and in recognition of his ongoing effods to beautify
the community;
That the millennium year 2000 Arbor Day, will be named in his memory, and be
proclaimed as the "Dr. Robed E. Raborn Arbor Day" demonstrating that his spirit lives
on and providing all of us an oppodunity to rededicate ourselves to the values and
service to the community that he so graciously demonstrated by word and by deed.
Closing &
Signatures:
June 3, 1999
Ms. Maude Ford Lee
Chair, Palm Beach Board of County Commissioners
Governmental Center, 12th floor
301 N. Olive Ave.
West Palm Beach, FI 33401
Dear Chairwoman Lee'
Recently, one of the Village of Golf's residents passed away after a sudden illness.
Over the course of his lifetime he made significant contributions to the Cities of Delray
Beach and Boynton Beach, as well as the Village of Golf, and I wanted to write to
make you aware of these contributions. His name was Dr. Robert E. Raborn and he
was one of the early physicians in Boynton and Delray, joining the practice
established by Dr. Weems. He was a Charter member of the Medical Staff of Bethesda
Memorial Hospital, which he helped found in 1959. His son, Dr. Richard Raborn, now
has continued his medical practice in both Boynton and Delray Beach.
He originally attended the University of Florida School of Agriculture, and developed a
lifelong interest in wildlife, horticulture, and environmentally compatible landscaping.
Out of this interest he developed a tree farm upon his retirement from active medical
practice.
Dr. Raborn was active in the community, as a member of the Delray Beach Rotary Club
and a former director of the First National Bank of Delray Beach. His son, Doug is CEO
of Raborn & Company, an investment firm in downtown Delray Beach. He was
instrumental in establishing the Caridad Health Clinic for migrant workers, and was
strong supporter of public health issues over his 40 years of practice. Because of his
agriculture interests, he donated many trees for beautifying parks, and road - right of
ways.
The Village of Golf is requesting that Palm Beach County recognize the many
. contributions of Dr. Raborn, by naming next year's Arbor Day after Dr. Raborn. Also
attached are letters of support from the Cities of Delray Beach and Boynton Beach as
well, As Dr. Raborn was active throughout the South County area.
Attached is a draft resolution for the County, as well as resolutions from the three cities.
Thank you for assisting us to honor the memory of this outstanding Palm Beach
County resident.
Sincerely,
Donald H. Gustafson
Mayor, Village of Golf
cc: Board of County Commissioners
Robed Weisman, County Administrator
NOTE - REWRITE ON CITY STATIONARY, ADJUST LAST PARAGRAPH AND
MAYOR'S SIGNATURE. THANK YOU.
Memorandum
TO: David Harden, City Manager
THRU: Lula Butler, Director, Community Improvement Department /~__~
FROM: Charles Bender, Coordinator, Community Development Division
DATE: June 28, 1999
SUBJECT: Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue subsidy to one eligible applicant under the
Delray Beach Renaissance Program.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the
City Commission on January 23, 1996. In partnership with the Delray Beach Community
Development Corporation, the TED Center, the Community Redevelopment Agency, the
Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray
Beach Housing Authority, we are committed to providing homeownership opportunities to 80
homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through
September 30, 1998. An agreement to extend the program for one additional year was approved
by all partners and the City Commission. On June 15, 1999, the City Commission approved a
new Memorandum of Understanding operating the Renaissance Program from March 1999 to
February 2001.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage
lender. The seminar includes training and information on financial planning, credit and
borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive
glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period according to the
amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per
year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less than
$25,000 per unit are forgiven at a rate of 10% per year for 10 years.
RECOMMENDATION
Staff is recommending City Commission approval to fund subsidy for the one eligible applicant
of the following properties:
Lot 7, Block A, Carver Memorial Park / 18,375.00
s:\comraunkenprg\comagend, doc
~.~.
AGENDA REQUEST
Request to be placed on: Date: June 28, 1999
__ Regular Agenda
Special Agenda
Workshop Agenda
xxxx Consent Agenda When: July 6,1999
Description of item:
Authorization and approval to issue subsidy to one eligible applicant under the Delray
Beach Renaissance Program totaling $18,375.00.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of subsidy award. Funds are to be awarded from the State
Housing Initiatives Partnership (SHIP) Program.
SHIP Total $18,375.00 Account//118-1924-554-83.01
Department Head Signature: ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives: .(if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for ~~
Agenda: /NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
s:\commun~l\cd~renprgm\agenrequ.doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION Yes CENSUS TRACT 67.00
NAME Cassandra Townsend
PROPERTY ADDRESS xxx NW 13th Avenue, Delray Beach
LEGAL DESCRPTION Lot 7, Block A, Carver Memorial Park
% OF AREA MEDIAN HOUSEHOLD INCOME 53 # IN HOUSEHOLD 3
COST OF CONSTRUCTION $85,250 COST OF LOT $9,000
Non-profit Developer's Fee $2,500
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 80,000.00 CommuniW Finance Consortium
RATE 6.50
LTV 80.62
SECOND MORTGAGE $ City of Delray, HOME
$ 18,375.00 City of Delray, SHIP
$ CRA of Delray
$. 3,000.00 Housing Authority
THIRD MORTGAGE $ Federal Home Loan Bank
GRANT $ HTF "A"
APPLICANT FUNDS
Pre-paids $
Escrowed $ 805.00
Paid at closing $ 2,354.00
TOTAL TRANSACTION $1047534.00
s:\communXrenprg\subrqest, doc
i'
!
~. ) .~_~ ~ ~ '~ ~ 4~
/ ~" 12 g I~ ~ i~
~_ ~-...! ~ 1 :, ' ' ~'- ,:314' '
'25. ' '1 8 /- "
~" ~,;~ ~~~ ,.~ii ~. ~ ;~- ~'
6 ~ _~ . _ - 6- I~
' -- ~ " .~'-,I.~ 2-~
?': I~ ~ ': - '""
~ I0 ~ ~ 6-12
- - -, , s. · ' 6-19"5~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~D - REGULAR MEETING OF JULY 6, 1999
AMENDMENT #002 TO SUBSTANCE ABUSE GRANT CONTRACT WITH
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
DATE: JULY 2, 1999
On October 20, 1998, the City Commission approved Amendment %001
to the standard contract between the City and the State
Department of Children and Families (DCF) for FY 1999 which
provided for an increased funding allocation in the amount of
$60,000 ($27,583 to $87,583). The additional money was to be
used for expansion of the Excel Focus Five Program ($20,000) and
implementation of a new initiative by MAD DADS, an Adult
Prevention component ($40,000).
Due to a late start date for the Adult Prevention program,
funding for this component for FY 1999 has been reduced from
$40,000 to $12,200, or a net reduction of $27,800. Amendment
%002 provides that the total contract amount will effectively be
reduced from $87,583 to $59,783. This reduction has no impact on
the financial allocation for the children's component of the
program (Excel Focus Five). Further, the decrease in funding
will not negatively impact the upcoming grant allocation for FY
2000.
The amendment is required in order to prevent the return of funds
from the Alcohol, Drug Abuse and Mental Health Program Office of
DCF to the federal government through redistribution to another
eligible organization in Palm Beach County.
Recommend approval of Amendment %002 to the contract with DCF for
substance abuse prevention grant funding.
Ref: Agmemol 1. DCFcontract. reduction
Agenda Item Number: 8'. 0.
AGENDA REQUEST
Request to be placed on: Date: June 30, 1999
~ Regular Agenda
__ Special Agenda
__ Workshop Agenda
XXXX Consent Agenda When: July 6, 1999
Description of item (who, what, where, how much):
Approval of Amendment 002 (Contract # IH380) for Fiscal Year 1998-1999 contract
with the Florida Department of Children and Families (DCF) - Alcohol, Drug Abuse and
Mental Health (ADM) Program Office decreasing the City's grant award to $59,783 in
Substance Abuse Prevention funding assistance.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of Amendment 002 (Contract #IH380) for Fiscal Year 1998-
1999 to the Standard Contract with the Florida Department of Children and Families
(DCF).
D ep artment He ad Si gnature:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda:(~/N~/~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
Reft u:\dcfg8-1999\agenda cover page amend 002
City of Delray Beach Community Development Division
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Lula Butler, Director, Community Improvement Department ~[~'~
FROM: Charles L. Bender III, Coordinator, Community Development Division ~
DATE: June 30, 1999
SUBJECT: Approval of Amendment 002 to Contract (#IH380) with State Department of
Children and Families - Alcohol, Drug Abuse and Mental Health Program Office
for FY 1998-99
ITEM BEFORE THE COMMISSION
The purpose of this item is to obtain approval of Amendment 002 to the current Standard Contract
(#IH380) with the State of Florida Department of Children and Families (DCF) - Alcohol, Drug Abuse and
Mental Health (ADM) Program Office for Fiscal Year 1998-99. This represents a decrease of funding
under the Adult Substance Abuse Prevention component of the agreement in the amount of $27,800. This
is due to a late program start date; however, there is no negative impact on anticipated costs through June
1999. The amended agreement will reflect a total amount of $12,200 (from $40,000) for the Adult
Prevention component. The total contract amount (Adult and Children's components) will be effectively
reduced to $59,783 (from $87,583).
BACKGROUND
This amendment is necessary in order to allow for the redistribution of funds that will not be expended
prior to the close of Fiscal Year 1998-99. The decrease in funding under this program component will not
negatively impact the grant allocation from ADM for the upcoming program year (Fiscal Year 1999-2000).
The Amendment is required in order to prevent the return of funds from ADM to the federal government,
through redistribution to another eligible organization in Palm Beach County.
RECOMMENDATIONS
Staff recommends approval of this contract amendment (002) in order to adjust the allocated amount under
the Adult Prevention component of the current contract (#IH380) with the State Department of Children
and Families (DCF).
AMENDMENT # 002
THIS AMENDMENT, entered into between the State of Fiorida, Department of Children
and Families, hereinafter referred to as the "department" and
THE CITY OF DELRAY BEACH
hereinafter referred to as the "provider", amends contract # IH3 8 0.
1. Standard Contract, Section II, Paragraph A is hereby amended to read:
A. Contract Amount
To pay for contracted services according to the conditions of Attachment
I in an amount not to exceed $59,783.00, subject to the availability of
funds. The State of Florida's performance and obligation to pay under
this contract is contingent upon an annual appropriation by the
Legislature. Any costs or services paid for under any other contract or
from any other source are ~ot eligible for payment under this contract.
2. Attachment I, Exhibit A is hereby revised and attached.
3. Attachment I, Exhibit B is hereby revised and attached.
4. This amendment shall begin on ,,06/29/1999, orthe date on which the amendment has
been signed by both parties, whichever is later.
All provisions in the contract and any attachments thereto in conflict with this amendment
shall be and are hereby changed to conform with this amendment.
All provisions not in conflict with this amendment are still in effect and are to be performed
at the level specified in the contract.
This amendment and all its attachments are hereby made a part of the contract.
IN WITNESS THEREOF, the parties hereto have caused this 4 page amendment
to be executed by their officials thereunto duly authorized.
PROVIDER:
...... THE CITY ~. DEL~AY/~EACH STATE OF FLORIDA
- . -- -'-' '- - -~ / /,/~"'~,:' /' ' DEPARTMENT OF CHILDREN
~'YOR'' BY:
TITLE:
DATE:
' ' 'Ii'rLE: DISTRICT ADMINISTRATOR
FEDERAL ElD #: 59-6000308
(or SSN) DATE:
JF 12/96
07/01/98 ADM Services
EXHIBIT A Page I of 2
STATE FUNDING BY COST CENTER AND PROGRAM
Agency Name The City of Delrav Beach Contract: IH380 Date: 06/2g/~} Revision# 02
Adult Adult Children's Child/Adol
COST CENTERS Mental Health Substance Abuse Mental Health Substance Abuse
1. Assessment $ $ $ $
State Rate $ $ $ $
Contact Hours Purchased
2. Case Management S S S $
State Rate $ $ S S
Direct Svs Hrs Purchased
3. Crisis Stabilization S ~ $
State Rate $ $
Bed Days Purchased
4. Crisis Support/Emergency $ $ $ $
State Rate S $ $ S
Staff Hours Purchased
5. Day Care $ $
State Rate $ $
]Says Purchased
5. Day-Night $ $ $
State Rate S $ $ S
Days Purchased
7. Drop-In/Self-Help Centers $
State Rate S
Facility Days Purchased
8. In-home and On-site $ $ S $
State Rate $ $ $ $
Direct Svs Hfs Purchased
9. Inpatient $ $
State Rate $ $
Days Purchased
10. Intensive Case Management $ $ S $
State Rate S S S $
Direct Svs Hrs Purchased
1. Intervention $ $ $ $
State Rate $ $
Direct Svs Hrs Purchased
12. Medical Services $ $ $ $
State Rate $ $ $
Contact Hours Purchased
13. Methadone Maintenance $ $
State Rate $ $
Dosages Purchased
14. OUt_l~l~ien~
a. In~idual ...... ~'~. S $ S S
.~ ~'nd~vidual State Rate $ S $
Contact Hours Purchased
b. Group $ $ $ $
Group State Rate $ $ $ S
Contact Hours Purchased
15. Outpatient Detox S S
State Rate $ $
Days Purchased
07/01/98
ADM Services
EXHIBIT A Page 2 of 2
STATE FUNDING BY COST CENTER AND PROGRAM
Agency Name The Ci~ of Delrav Beach Contract: IH3g0 Date: 06/28/99 Revision# 02
Adult Adult Children's Child/Adol
COST CENTERS Mental Health Substance Abuse Mental Health Substance Abuse
I 2 3 4
16. Outreach S S S S
State Rate $ $ $ $
Non-Direct Svs Hfs Purchased
17. Prevention $ ' $ 12,200 $ $ 47,583
State Rate $ $ 22.41 $ $ 22.41
Non-Direct Svs Hfs Purchased 5441 2,123
18. Prev/Interv - Day $ $
State Rate S $
Days Purchased
19. Residential Level I S $ $ S
State Rate $ $ S S
Days Purchased
20. Residential Level 2 $ $ $ $
State Rate $ $ $ $
Days Purchased
21. Residential Level 3 $ $ $ $
State Rate $ $ $ $
Days Purchased
22. Residential Level 4 $ $ $ S
State Rate S $ $ $
Days Purchased
23. Respite Services $
State Rate $
Contact Hours Purchased
24. Sheltered Employment $
State Rate $
Days Purchased
25. Substance Abuse Detox $ $
State Rate $ $
Bed Days Purchased
26. Supported Employment
a. Individual $ $ $ $
State Rate $ $ $ $
Direct Svs Hfs Purchased
b. Enclave Model $ $ $ $
State Rate $ $ $ $
Direct Svs Hfs Purchased
27" ..,,----~',,v'~,~-~ - -~
· ?upporteo.eloussng/t. iving :- ~:'~ $ S S $
Stale'Rate $ $ $
Direct Svs Hfs Purchased
28. TASC $ $
State Rate $ $
Direct Svs Hfs Purchased
Total State Funds 5; 0 $ 12,200 $ 0 $ 47,583
7/1/98 ADM Services
EXHIBIT B
FUNDING DETAIL
Agency Name The City of Delray Beach Contract # IH380 Date: 06/28/99 Revision # 02
MENTAL HEALTH
ADULT COMM. MENTAL HEALTH OCA AMOUNT CHILDREN'S MENTAL HEALTH OCA AMOUNT
Baker Act Services(100611) Children's Mental Health Services(100435)
General Revenue GR000 $ General Revenue - GR000 $
ADAMH Trust Fund * - 19000 '$
Community Mental Health Services(100610) , Grants and Dontafions Trust Fund
General Revenue GR000 $ Grant $
ADAMH Trust Fund * 19000 $ Federal Grants Trust Fund
Federal Grants Trust Fund Title IV-B WO000 $
Homeless Grant GX001 $ Grant $
Community Mental Health Services - CCMS(100610) Children's Baker Act(104257)
General Revenue GR000 $ General Revenue GR000
ADAMH Trust Fund * 19000 $
Indigent Drugs (IDP) Purchased Residential Treatment Services(102780)
General Revenu~ GR000 $ General Revenue GR000 $
Line of Credit
Purchase of Therapeutic Services(100800)
Special Project $ General Revenue GR000 $
TOTAL ADULT COMM. MH $
TOTAL CHILDREN'S MENTAL HEALTH $
SUBSTANCE ABUSE
ADULT SUBSTANCE ABUSE (100618) OCA AMOUNT CHILD/ADOL SUBSTANCE ABUSE(100420) OCA AMOUNT
General Revenue GR000 $ General Revenue GR000 $
General Revenue/ADMTF/G&D TF** 2700G $ General Revenue/ADMTF/G&D TF/CASA TF** 2700G $
Prevention Services *** 27PRV $12,200 Prevention Services *** 27PRV $47,583
Sen'ices to Women *** 27WOM $
Intravenous Drug Usage *** 27HIV $ Federal Grant Trust Fund
SSI Disenrollee Services *** 27SS7 $ Grant
SSI Disenrollee Services *** 27SS8 $ $
Federal Grants Trust Fund TOTAL CHILD/ADOL SUB. ABUSE $47,583
AIDS/CDC Grant 9M000 $
TOTAL ADULT SUB. ABUSE $12.200
::~v,A~::~'0.':~i::i::i::i::i::i:4::i::ii.~i::i::~!~::3.::.::.~:.i.::.~:.::.~:.::.::.::~i.:~.::~i~.::~!.!.::~.::.:~.i~.~:.~.!~::.i.::.~:.:~.i~::.i!::!.::.!.~.~:~::.::.::.::.::.:: $59,783
I%&TCH CALCULATIONS APPLICABLE TO CONTRACT
FU.~DS NOT REQUIRING M.ATC, H $0 TOTAL FUNDS REQUIRING MATCH $59,783
~ .e ~ ..~ L 5" 2:', $ LOCAL MATCH REQUIRED $19,928
$ ADDITIONAL LOCAL MATCH $
~OTAL FUNDS NOT REQ MATCH $0 GRAND TOTAL LOCAL MATCH $19,928
* Community Mental Health Block Grant
**Expenditures must be Substance Abuse Prevention and Treatment Block Grant eligible.
""* Substance Abuse Prevention and Treatment Block Grant - Funding Agreement.- RESTRICTIONS APPLY
City of Delray Beach Community Development Division
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Lula Butler, Director, Community Improvement Department
FROM: Charles L. Bender III, Coordinator, Community Development Division
DATE: June 30, 1999
SUBJECT: Approval of Contract with State Department of Children and Families - Alcohol, Drug
Abuse and Mental Health (ADM) Program Office for FY 1999-2000
ITEM BEFORE THE COMMISSION
The purpose of this item is to obtain approval of the Standard Contract with the State of Florida Department of
Children and Families (DCF) - Alcohol, Drug Abuse and Mental Health (ADM) Program Office. This represents a
new (and expanded scope) contract providing funding for previously supported children's prevention activities and
newly authorized adult prevention activities for Fiscal Year 1999-2000 (July 1, 1999 - June 30, 2000). The total
amount of funding to be provided under this contract has increased to $135,000 (from $87,583 in FY 1998-99).
BACKGROUND
This will represent the fifth full year as fiscal agent and contract award recipient for the Substance Abuse Prevention
(block grant) funds received in support of MAD DADS of Greater Delray Beach's Substance Abuse Prevention
Programs. The primary purpose of this grant is to support Child/Adolescent and Adult Programs and services to
residents residing and homeowner's associations located within the City's Community Development Block Grant
(CDBG) Program Target Area.
The Child/Adolescent component supports the programming efforts of MAD DADS's Excel Focus Five Program
for fifth grade "at-risk" children residing in the Target Area and attending Pine Grove and Plumosa Elementary
schools. The contract provides $95,000 in support of this component. Participating children are introduced and given
opportunities to interface, develop their social and emotional skills and are encouraged to draw esteem from their
individual uniqueness. Grant funds are budgeted in support of human resources, cultural field trips, after school
program assistance, guest speakers, golf, tennis, dance and music lessons as various means of preventing at risk
children from experimenting with drugs. This is a successful multi-agency collaborative effort between various
agencies utilizing several private funding sources as well.
The Adult component supports community organizing, coalition building and leadership development for adult
residents living within the Pine Grove, Osceola, Fall Ridge, and La Paloma neighborhoods (associations). The
primary goal of this program is to reduce the amount of open-air drug sales and violent behavior existing in those
communities. Support is also provided to a Community Drop-in Center providing a community-based drug
prevention program for residents residing within the CDBG Target Area. The Program provides a liaison that works
directly with the Delray Beach Police Department to file reports and make requests for police intervention on behalf
of residents. The Center (located at the SW 12t~. Avenue Police Sub-Station) is open Monday through Friday from
5:00 p.m. until 9:00 p.m. and is used for neighborhood association meetings and other community needs. The
primary goal of this program component is to prevent drug use and violence. The contract provides $40,000 in
support of this component. Grant funds are budgeted in support of human resources.
The grant requires a 33% local match that may either be met through in-kind services or cash. The City provides in-
kind match in the form of office space and technical assistance from Community Improvement staff. This contract
has been reviewed by the City Attorney's Office.
RECOMMENDATIONS
Staff recommends approval of this contract in order to continue the provision of substance abuse prevention
programs and services to children/adolescents and adults residing within the CDBG Target Area.
,, Agenda Item Number: ~'. ~.
AGENDA REQUEST
Request to be placed on: Date: June 30, 1999
Regular Agenda
__ Special Agenda
__ Workshop Agenda
XXXX Consent Agenda When: July 6, 1999
Description of item (who, what, where, how much):
Approval of the Fiscal Year 1999-2000 contract with the Florida Department of Children
and Families (DCF) - Alcohol, Drug Abuse and Mental Health (ADM) Program Office
providing the City $135,000 in Substance Abuse Prevention funding assistance.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of the Fiscal Year 1999-2000 Standard Contract with the
Florida Department of Children and Families (DCF).
Department Head Signature: ~'~
City Attorney Review/Recommendation (if app~licable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives: .(if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agend~q~/NO .
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
Ref: u:\dcf99-2000\agenda cover page
DELRAY BEACH
100N.W. lstAVENUE · DELRAY BEACH. FLORIDA 33444 ·
1561)
243-7000
1993 Ms. Cathy Claud, Substance Abuse Specialist
Alcohol, Drug Abuse & Mental Health Program Office - District 9
P.O. Box 3084
Lantana, Florida 33465
Dear Ms. Claud:
As per our telephone conversation this morning please find attached four (4) executed copies of
the Standard Contract between the State of Florida Department of Children and Families and the
City of Delray Beach for FY 1999-2000 ($135,000 ADM -- Prevention Funding). As mentioned
the Mayor has signed the agreements in an effort to meet the July 1, 1999 deadline; however the
City Attorney must review the same and bring it to the full City Commission for approval prior to
finalization. It is anticipated that the agreement will be included in the July 6, 1999 Commission
agenda.
On behalf of the City of Delray Beach, MAD DADS of Greater Delray Beach and the many
persons and families that will receive the direct benefits of our collaboration, I want to thank you,
Mr. Wynott and all other ADM personnel involved with this initiative. We look forward to
another successful year partnering with your office and the Department of Children & Families.
Upon receipt of the District Administrator's signature please send an executed copy (original if
possible) to my office. If you have any questions or need additional information, please contact
me directly at 561.243.7282. Thanks again.
Sincerely,
~harles L. I3ender III, Coordinator
Community Development Division
Ccs: Lula Butler, Director, CI, DB
Charles Ridley, Executive Director, MAD DADS
FILE: DCF/ADM Prevention 99-2000
Ref: u:\dcf 99-2000\new agreementl
c.bender
CONTRACT SIGNATURES TRACKING SYSTEM
Provider: City of Delray
Delivery Date:
Signature:
Agency Authorized Staff
PROVIDER MUST MAKE THREE (3) ADDITIONAL
COPIES OF THE CONTRACT.
DUE DATE: 6/24/99 at NOON
Original and three copies of the
contract, must be returned to the
ADM Program Office by 6/24/99 at
noon.
Original signatures on each of the 4
copies.
THANK YOU FOR YOUR COOPERATION
Contract No.
CERTIFICATION REGARDING
DEBARMENT: SUSPENSION: INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
This certification is required by the regulations implementing Executive Order 12549, Debarment
and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987
Federal Register (52 Fed. Reg., pages 20360 - 20369).
INSTRUCTIONS
1. Each provider whose contract/subcontract equals or exceeds $25,000 in federal monies must
sign this certification prior to execution of each contract/subcontract Additionally, providers
who audit federal programs must also sign, regardless of the contract amount. Children &
Families cannot contract with these types of providers if they are debarred or suspended by
the federal government.
2. This certification is a material representation of fact upon which reliance is placed when this
contract/subcontract is entered into. If it is later determined that the signer knowingly rendered
an erroneous certification, the Federal Government may pursue available remedies, including
suspension and/or debarment.
3. The provider shall provide immediate written notice to the contract manager at any time the
provider learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The terms "debarred", "suspended", "ineligible", "person", "principal", and "voluntarily
excluded", as used in this certification, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the
contract manager for assistance in obtaining a copy of those regulations.
5. The provider agrees by submitting this certification that, it shall not knowingly enter into any
subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this contract/subcontract unless authorized by the Federal
Government.
6. The provider further agrees by submitting this certification that it will require each subcontractor
of this contract/subcontract, whose payment will equal or exceed $25,000 in federal monies,
to submit a signed copy of this certification.
7. The Department of Children and Families may rely upon a certification of a
provider that it is not debarred, suspended, ineligible, or voluntarily excluded from
contracting/subcontracting unless it knows that the certification is erroneous.
8. This signed certification must be kept in the contract manager's contract file. Subcontractor's
certifications must be kept at the contractor's business location.
CERTIFICATION
(1) The prospective provider certifies, by signing this certification, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this contract/subcontract by any federal department
or agency.
Where the prospective proyider is unable to certify to any of the statements in this
(2) certificati h pro
on, s,u'c spe,~rovider shall attach an explanation to this ce rtification.
Date
Name ALPERIN Title MAYOR
JF 12/96
[lTV I]F EIELIII:IV BEI:I[H
~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444. 561/243-7000
1993
MEMORANDUM
TO: David Harden, City Manager
FROM: Rodger R., Rib~iro, CLP, Recreation Superintendent
THROUGH: Joe Weldo rector of Parks and Recreation
SUBJECT: Renewal of Contract for Child Care Services Program
DATE: June 11, 1999
Please review the enclosed Subsidized Child Care contract for the School
District of Palm Beach County for the 1999-2000 school year. I have
attached a list of the subsidized child care programs. We are eligible
for those programs followed by an asterisk. The After School Program
would receive $10 per child, and the holiday camps and one day camps
would receive $19 per child. For the fiscal year to date, we have
received $41,431 from the Subsidized Child Care programs. I would like
this placed on the July 6, 1999 agenda for City Commission approval and
for Mayor Alperin's signature.
Rodger R. Ribeiro, CLP
Recreation Superintendent
cc: Joe Dragon
Assistant Director of Parks and Recreation
Enclosures
Ref:renewscc
THE EFFORT ALWAYS MATTERS (~' F'
Agenda Item No.: ~
AGENDA REQUEST
Date: 3une 11, 1999
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: July 6, 1999
Description of agenda item (who, what, where, how much): Request approval
and siKnature of Mayor on 2 originals of contracts for child care services ~or the
1999-2000 school year with the School District o~ Palm seacn uounty.
ORDINANCE/ RESOLUTION REQUIRED: YES~O~ Draft Attached: YES/NO
Recommendation: Approval and Mayor's si§nature.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance: ~.
City Manager Review:
~ , ~~ ~ !nda: ~/ NO~
Approved/Disapproved
CHILD CARE PROGRAMS ADMINISTERED BY
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
Funding may be available from the following sources for child care
programs:
~ SUBSIDIZED CHILD CARE
Provides child care for children at risk of abuse and neglect, as well
as children of Work And Gain Economic Self-sufficiency (WAGES)
participants, and employed, eligible iow income parents.
~ JOB TRAINING PARTNERSHIP ACT (JTPA)
Provides child care for parents approved by the Palm Beach County
Workforce Development Board who receive on-the-job classroom training.
TEENAGE PARENT PROGRAM
Provides child care services for children of teenage parents enrolled
in school and approved by the Teenage Parent Program.
REFUGEE/ENTRANT
Provides child care for eligible children of refugees or entrants who
qualify for the program.
~ CHILD CARE PURCHASING POOL
Provides child care to children of employed, eligible iow income
parents.
programs for which The City of Delray Beach is eligible.
06/09/99 ~ED 11:55 FAX 561 434 8739 SDPBC CHILD CARE ~00::
[IT¥ OF DELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE
TELEPHONE S61/243-7090 · FACSIMILE
W~ter's D~ct L~e: (561) 243-7~
DEL~Y BEACH
~MO~D~
~993
TO: Rodger R. ~be~o, CLP, Recreation Super~tendent
FROM: Jay T. l~beck, Assistant Ci~ Attome~
S~CT: Contract for C~[d Care Semites Progr~.
I have reviewed ~e agreement and would recommend the following:
1. A~c~ent VII, "I~ce Req~ements", the la~ p~a~aph shoed be
modred by ad~g ~e ~derseored l~age:
To~e extent pe~ed .~y law, ~ur~g ~e term of ~s agreement, ~e vendor shall
inde~, hold ha~ess, and defend ~e School Dis~ict of. Palm Beach CounW,
Florida, i~ agents, servants, ~d employees from ~y and all costs and expe~es,
including, but not l~ted to aRomey's fees, reaso~ble hvestigative ~d discove~ costs,
cou~ cos~ ~d all other w~ch ~e Dis~ict, its agents, secants, and employees may pay
or become obligated to pay on account of any, all and eve~ cla~ or demand, or
asse~ion of liabiliW, or any cla~ or action founded, ~ereof, arising or alleged to have
arisen out of the products, goods or services ~shed by ~e vendor, ~eir agents,
servants or employees, or any of ~ek equipment when such perso~ or equipment are on
· e pre~ses owned or con,oiled by ~e District for ~e pu~ose of perfo~g services,
delivering products or goods, i~talling equipment, or o~erwise tr~act~g bus,ess,
whe~er such cla~ or claim~ be for damages, inju~ to person or prope~, includin~
District's prope~y, or dea~ of any person, group or orga~zation, whe~er employed by
· e vendor or ~e Dis~ict or o~erwise. No~ing contained here~ shall be deemed a
waiver of Sovereign I~p~ty pursuit to 768.28, Florida Statutes.
The inde~fication required by ~e i~rance requirements in A~c~ent V~
uppers to be in violation of the Florida Constitution, A~icle 7, Section 10 w~ch
prohibits ~e pledging of credit for inde~fication p~oses, and Florida Smites
768.28(18) which pro~bi~ the inde~ficatio~ set fo~ ~ ~e i~urance requffements.
06/09/99 ~'ED 11:56 FAX 561 434 8739 SDPBC CHILD CARE ~00~
This change was suggested by Susan for last year's agreemem. Changes were
made to the indemnification provisions of the body of this year's agreement, but not to
the imurance requirements.
Do not hesitate to contact me if you have any questions. I am returning the
original contract to you.
cc: Joe Weldon, Director of Parks/Recreation
ATI'ACHMENT Vll
INSURANCE REQUIREMENTS
Proof of the following insurance will be furnished by the Provider to the School
District of Palm Beach County by Certificate of Insurance upon execution of vendor
agreement. Such Certificate must contain a provision for notification to the District
thirty (30) days in advance of any material change in coverage or cancellation. The
School District of Palm Beach County, Florida, shall be included as an additional
insured under the General Liability policy including Contractual Liability.
1. General Liability Insurance, including Contractual Liability to cover the "Hold
Harmless Agreement" set forth herein, with bodily injury limits of not less
than $1,000,000.00 per occurrence combined single limit for bodily injury
and property damage.
2. Auto Liability Insurance with bodily injury and property damage limits of not
less than $1,000,000.00 per claimant, $1,000,000.00 per occurrence if
children are transported.
Note: Item 3 applies to Providers with 4 or more employees.
3. Worker's Compensation and Employers' Liability Insurance with a limit of not
less that $100,000.00 per occurrence.
The Provider agrees, by accepting the award of this agreement, to the following
"Hold Harmless Agreement".
To the extent permitted by law, during the term of this agreement, the vendor shall
indemnify, hold harmless, and defend the School District of Palm Beach County,
Flodda, its agents, servants, and employees from any and all costs and expenses,
including, but not limited to attorney's fees, reasonable investigative and discovery
costs, court costs and all other which the District, its agents, servants, and
employees may pay or become obligated to pay on account of any, all and every
claim or demand, or assertion of liability, or any claim or action founded, thereon,
arising or alleged to have arisen out of the products, goods or services furnished by
the vendor, their agents, servants or employees, or any of their equipment when
such persons or equipment are on the premises owned or controlled by the District
for the purpose of performing services, delivering products or goods, installing
equipmen, t, or otherwise transacting business, whether such claim or claims be for
damages, injury to person or property, including the District's property, or death of
any person, group or organization, whether employed by the vendor or the District
or otherwise. Nothing contained herein shall be deemed a waiver of Sovereign
Immunity pursuant to 768.28, Florida Statutes.
-22-
CENTER BASED CHILD CARE
VENDOR AGREEMENT
BETWEEN
THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA
AND
CITY OF DELRAY BEACH
THIS VENDOR AGREEMENT is entered into between the School District of Palm Beach
County, Florida, hereinafter referred to as the "Agency" and City of Delray Beach,
hereinafter referred to as the "Provider." The parties agree:
I. The Provider Agrees:
A. To provide services according to the conditions specified in Attachment I.
B. To provide units of deliverables, including reports, as specified in Attachment I, to
be received and accepted by the contract manager prior to payment. To comply
with the criteria and final date by which such criteria must be met for completion of
this vendor agreement in Section III, Paragraph A. of this vendor agreement. To
submit bills for compensation for services in sufficient detail for a proper pre-audit
and post-audit thereof.
To allow public access to all documents, papers, letters or other materials subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
Provider in conjunction with this vendor agreement. It is expressly understood that
the Provider's refusal to comply with this provision shall constitute an immediate
breach of vendor agreement.
C. Governing Law
1. State of Florida Law
a. That this vendor agreement is executed and entered into in the State of
Florida and shall be construed, performed, and enforced in all respects in
accordance with the laws, rules, regulations of the State of Florida. Each
party shall perform its obligations herein in accordance with the terms and
conditions of the vendor agreement.
b. That it understands that the Department of Children & Families(DCF) and the
Department of Labor and Employment Secudty and the WAGES Program
State Board of Directors have jointly implemented WAGES, an initiative to
empower recipients in the Temporary Assistance to Needy Families Program
to enter and remain in gainful employment. Employment of WAGES
participants is a mutually beneficial goal for the Agency and the Provider in
that it provides qualified entry level employees needed by many providers
and provides substantial savings to the citizens of Florida.
2. Federal Law
a. That if this vendor agreement contains federal funds, the Provider shall
comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and
other applicable regulations as specified in Attachment I.
b. That if this vendor agreement contains federal funds and is over $100,000,
the Provider shall comply with all applicable standards, orders, or regulations
issued under Section 306 of the Clean Air Act, as amended (42 U.S.C. 7401
et seq.), Section 508 of the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251 et seq.), Executive Order 11738, and Environmental
Protection Agency Regulations (40 CFR Part 30). The Provider shall report
any violations of the above to the Agency.
c. That no federal funds received in connection with the vendor agreement may
be used by the Provider, or agent acting for the Provider, to influence
legislation or appropriations pending before the Congress or any State
legislature.
d. That if this vendor agreement contains federal funds in excess of $100,000,
the Provider must, prior to vendor agreement execution, complete the
Certification Regarding Lobbying form. If a Disclosure of Lobbying Activities
form, Standard Form LLL, is required, it may be obtained from the contract
manager. All disclosure forms as required by the Certification Regarding
Lobbying form must be completed and returned to the contract manager.
e. That unauthorized aliens shall not be employed. The Agency shall consider
employment of unauthorized aliens a violation of section 274A(e) of the
Immigration and Naturalization Act. Such a violation shall be cause for
unilateral cancellation of the vendor agreement by the Agency.
f. That if this vendor agreement contains $10,000 or more of federal funds, the
Provider shall comply with Executive Order 11246, Equal Employment
Opportunity, as amended by Executive Order 11375, and as supplemented
in Department of Labor regulation 41 CFR, Part 60. (45CFR, Part 92)
g. That if this vendor agreement contains federal funds and provides services
to children up to age 18, the Provider shall comply with the Pro-Children Act
-2-
of 1994, Public Law 103-227. Failure to comply with the provisions of the
law may result in the imposition of a civil monetary penalty of up to $1,000
for each violation and/or the imposition of an administrative compliance order
on the responsible entity.
h. That if this vendor agreement contains federal funding in excess of $25,000,
the Provider must, prior to vendor agreement execution, complete the
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion form.
D. Audits, Records, and Records Retention
1. To establish and maintain books, records, and documents (including electronic
storage media) in accordance with generally accepted accounting procedures
and practices which sufficiently and properly reflect all revenues and
expenditures of funds provided by the Agency under this vendor agreement.
2. To retain all client records, financial records, supporting documents, statistical
records and any other documents including electronic storage media) pertinent
to this vendor agreement for a period of five (5) years after termination of this
vendor agreement, or if an audit has been initiated and audit findings have not
been resolved at the end of five (5) years, the records shall be retained until
resolution of the audit findings or any litigation which may be based on the terms
of this vendor agreement.
3. Upon completion or termination of the vendor agreement and at the request of
the Agency the Provider will cooperate with the Agency to facilitate the
duplication and transfer of any said records or documents during the required
retention period as specified in paragraph D.2. above.
4. To assure that these records shall be subject at all reasonable times to
inspections, review, or audit by federal, state, or other personnel duly authorized
by the Agency.
5. At all reasonable times for as long as records are retained, persons duly
authorized by the Agency, other appropriate funding agencies, and federal
auditors, pursuant to 45 CFR, part 92.36 (i) (10), shall have full access to, and
the right to examine any of the Provider's vendor agreement and related records
and documents regardless of the form in which kept.
6. To provide a financial and compliance audit to the Agency as specified in
Attachment VIII and to ensure that all related party transactions are disclosed
to the auditor.
-3-
E. Monitoring
To permit persons duly authorized by the Agency and other appropriate funding
agencies to inspect any records, papers, documents, facilities, and/or goods and
services of the Provider which are relevant to this vendor agreement and/or
interview any clients and employees of the Provider to assure the Agency of the
satisfactory performance of the terms and conditions of this vendor agreement.
Following such evaluation the Agency will deliver to the Provider a written report of
its findings and will include written recommendations with regard to the Provider's
performance. The Provider will correct all noted deficiencies identified by the
Agency within the specified period of time set forth in the recommendations. The
Provider's failure to correct noted deficiencies may, at the sole and exclusive
discretion of the Agency, result in any one or any combination of the following: (1)
the Provider being deemed in breach or default of this vendor agreement; (2) the
withholding of payments to the Provider by the Agency; and (3) the termination of
this vendor agreement for cause.
F. Indemnification
1. To the extent permitted by law, Provider shall be liable for and indemnify,
defend, and hold harmless the Agency and all of its officers, agents, and
employees from all claims, suits, judgments, or damages, including attorneys'
fees and costs arising out of any act, actions, neglect or omissions by the
Provider, its agents or employees during the performance or operation of this
vendor agreement or any subsequent modifications thereof, whether direct or
indirect, and whether to any person or tangible or intangible property. Nothing
contained herein shall be deemed a waiver of Sovereign Immunity or the notice
provision 5 of 768.28, Florida Statutes.
2. That its inability to evaluate its liability or its evaluation of liability shall not excuse
the Provider's duty to defend and to indemnify within seven (7) days after notice
by the Agency by certified mail. After the highest appeal taken is exhausted,
only an adjudication or judgment specifically finding the Provider not liable shall
excuse performance of this provision. To the extent permitted by law, the
Provider shall pay all costs and fees including attorney's fees related to these
obligations and their enforcement by the Agency. The agency will notify the
Provider of a claim pursuant to Flodda Statutes 768.28. The Provider shall not
be liable for the negligent acts of the Agency.
G. Insurance
To Provide $1,000,000.00 liability insurance coverage at all times during the
existence of this vendor agreement. The School District of Palm Beach County,
Florida, shall be included as an additional named insured. Upon the execution of
this vendor agreement, the Provider shall furnish the Agency with written verification
of the existence of such insurance coverage as shown in Attachment VI. If the
Provider is a county or a municipality, the Provider shall furnish the department with
written verification of liability coverage in accordance with Section 768.28 (5),
Florida Statutes.
H. Safeguarding Information
Not to use or disclose any information concerning a recipient of services under this
vendor agreement for any purpose not in conformity with state regulations and
federal law or regulations (45 CFR, Part 205.50), except upon wdtten consent of the
recipient, or his responsible parent or guardian when authorized by law.
I. Assignments and Subcontract
To neither assign the responsibility for this vendor agreement to another party nor
subcontract for any of the work contemplated under this vendor agreement without
prior written approval of the Agency. Any sublicense, assignment, or transfer
otherwise occurring shall be null and void.
J. Return of Funds
To return to the Agency any overpayments due to unearned funds or funds
disallowed pursuant to the terms of this vendor agreement that were disbursed to
the Provider by the Agency. In the event that the Provider or its independent auditor
discovers an overpayment has been made, the Provider shall repay said
overpayment within 40 calendar days without prior notification from the Agency. In
the event that the Agency first discovers an overpayment has been made, the
Agency will notify the Provider by letter of such a finding. Should repayment not be
made in a timely manner, the Agency will charge interest of one (1%) percent per
month compounded on the outstanding balance after 40 calendar days after the
date of notification or discovery.
K. Client Risk Prevention and Incident Reporting
1.- The Provider shall, in accordance with the client dsk prevention system, report
to the Agency those reportable situations listed in HRSR 215-6, paragraph 5, in
the manner prescribed in HRSR 215-6 or as requested by the Agency.
2. To immediately report knowledge or reasonable suspicion of abuse, neglect, or
exploitation of a child, aged person, or disabled adult to the Florida Abuse
Hotline on the statewide toll-free telephone number (1-800-96ABUSE), as
required by Chapters 39 and 415, FS. This is binding upon both the Provider
and its employees.
-5-
L. Civil Rights Requirements
Not to discriminate against any employee in the performance of this vendor
agreement, or against any applicant for employment because of age, race, creed,
color, disability, national origin, or sex. The Provider further assures that all
contractors, subcontractors, subgrantees, or others with whom it arranges to provide
services or benefits to participants or employees in connection with any of its
programs and activities are not discriminated against those participants or
employees because of age, race, creed, color, disability, national origin, or sex.
This is binding upon the Provider employing fifteen (15) or more individuals.
M. Independent Capacity of the Contractor
1. To be solely liable for the performance of all tasks contemplated by this vendor
agreement which are not the exclusive responsibility of the Agency.
2. To act in the capacity of an independent contractor and not as an officer,
employee, or agent of the State of Florida or the Agency. Nor shall the Provider
represent to others that it has the authority to bind the State of Florida or the
Agency unless specifically authorized in writing to do so. In addition to the
Provider, this is also applicable to the Provider's officers, agents, employees,
subcontractors, or assignees, in performance of this vendor agreement.
3. Except where the Provider is a state agency, neither the Provider, its officers,
agents, employees, subcontractors, nor assignees are entitled to state
retirement or state leave benefits or to any other compensation of state
employment as a result of performing the duties and obligations of this vendor
agreement.
4. The Agency will not fumish services of support (e.g., office space, office
supplies, telephone service, secretarial or clerical support) to the Provider, or its
subcontractor or assignee.
5. All deductions for social security, withholding taxes, income taxes, contributions
to unemployment compensation funds, and all necessary insurance for the
Provider, the Provider's officers, employees, agents, subcontractors, or
assignees shall be the responsibility of the Provider.
N. Final Invoice
To submit the final invoice for payment to the Agency no more than 5 days after the
vendor agreement ends or is terminated; if the Provider fails to do so, all right to
payment is forfeited and the Agency will not honor any requests submitted after the
aforesaid time period. Any payment due under the terms of this vendor agreement
may be withheld until all reports due from the Provider and necessary adjustments
thereto have been approved by the Agency.
O. Use of Funds for Lobbying Prohibited
To comply with the provisions of Sections 11.062 and 216.347, Flodda Statutes,
which prohibit the expenditure of contract funds for the purpose of lobbying the
legislature, judicial branch, or a state agency.
P. Public Entity Crime
Pursuant to Section 287.133, Florida Statutes, the following restrictions are placed
on the ability of persons convicted of public entity crimes to transact business with
the Agency: when a person or affiliate has been placed on the convicted vendor list
following a conviction for a public entity crime, he/she may not submit a bid on a
contract to provide any goods or services to a public entity; may not submit a bid on
a contract with a public entity for the construction or repair of a public building or
public work; may not submit bids on leases or real property to a public entity; may
not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list.
Q. Conflict of Interest
The Provider represents and warrants that it, its officers, agents and employees,
have not offered or given, and will not offer or give, any gratuity to any officer,
employee or agent of the appropriate funding agency or Palm Beach County School
District with the purpose of intent of securing an agreement or securing favorable
treatment or the making of any determination with respect to the performance of an
agreement.
II. The Agency Agrees:
A. To pay for vendor agreement services according to the conditions of Attachment I,
subject to the availability of funds. Any costs or services paid for under any other
vendor agreement or from any other source are not eligible for reimbursement
under this vendor agreement.
B. To make payments to the Provider within seven (7) working days after receipt of full
or partial payments from the funding agency in accordance with section 287.0585,
Florida Statutes. Failure to pay within seven (7) working days will result in a penalty
charged against the Agency and paid to the Provider in the amount of one-half of
one (1%) percent of the amount due per day from the expiration of the period
allowed herein for payment. Such penalty shall be in addition to actual payments
owed and shall not exceed fifteen (15%) percent of the outstanding balance due.
-7-
III. The Provider and Agency Mutually Agree:
A. Effective Date
1. This vendor agreement shall begin on July 1, 1999.
2. This vendor agreement shall end on June 30, 2000.
B. Termination
1. Termination at Will
This vendor agreement may be terminated by either party without cause upon
no less than thirty (30) calendar days notice in writing to the other party unless
a lesser time is mutually agreed upon in writing by both parties. Said notices
shall be delivered by certified mail, return receipt requested, or in person with
proof of delivery.
2. Termination Because of Lack of Funds
In the event funds to finance this vendor agreement become unavailable, the
Agency may terminate the vendor agreement upon no less than twenty-four (24)
hours notice in writing to the Provider. Said notice shall be delivered by certified
mail, return receipt requested or in person with proof of delivery. The Agency
shall be the final authority as to the availability and adequacy of funds. In the
event of termination of this vendor agreement, the Provider will be compensated
for any work satisfactorily completed prior to notification of termination.
3. Termination for Breach
This vendor agreement may be terminated for the Provider's non-performance
of any provisions of this vendor agreement, upon no less than twenty-four (24)
hours notice to the Provider. If applicable, the Agency may employ the default
provisions in Chapter 60A-1.006 (3), Florida Administrative Code.
Waiver of breach of any provisions of this vendor agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a
modification of the terms of this vendor agreement. The provisions herein do
not limit the Agency's right to remedies at law or in equity.
4. Termination for Failure to Satisfactorily Perform Prior Agreement
Failure to have performed any contractual obligations with the Agency in a
manner satisfactory to the Agency will be sufficient cause for termination. To be
terminated as a Provider under this provision, the Provider must have: (1)
previously failed to satisfactorily perform in a contract with the Agency, been
-8-
notified by the Agency of the unsatisfactory performance, and failed to correct
the unsatisfactory performance to the satisfaction of the Agency; or (2) had a
contract terminated by the Agency for cause.
C. Renegotiation of Modifications
Modification of provisions of this vendor agreement shall only be valid when they
have been reduced to writing and duly signed by both parties. The rate of payment
may be adjusted retroactively to reflect price level increases and changes in the rate
of payment when these have been established through the appropriations process
and subsequently identified in the Agency's operating budget.
D. Official Payee and Representatives
1. The name and address of the official payee to whom the payments shall be
made is as specified in Attachment II.
2. The name of the Central Representative of the Provider responsible for the
administration of the program under this vendor agreement is as specified in
Attachment II.
3. The name and telephone number of the contract manager for the Agency for this
vendor agreement is as specified in Attachment II.
4. Upon change of representatives (names, addresses, telephone numbers) by
either party, notice shall be provided in wdting to the other party and notification
attached to originals of this vendor agreement.
E. All Terms and Conditions Include:
This vendor agreement and its attachments contain all the terms and conditions
agreed upon by the parties. There are no provisions, terms, conditions, or
obligations other than those contained herein, and this vendor agreement shall
supersede all previous communications, representations, or agreements, either
verbal or written between the parties. If any term or provision of the vendor
agreement is found to be illegal or unenforceable, the remainder of the vendor
agreement shall remain in full force and effect and such term or provision shall be
stricken.
F. In the event litigation results from this agreement, venue shall lie in Palm Beach
County, Florida.
G. This agreement is binding upon the parties hereto, their successors and assigns.
-9-
The parties have read the entire contract inclusive of all its attachments and understand
each section and paragraph.
IN VVITNESS THEREOF, the parties hereto have caused this 48 page vendor agreement
to be executed by their undersigned officials as duly authorized.
PROVIDER: PALM BEACH COUNTY SCHOOL
DISTRICT:
By: By:
Name: Ja~ Alperin Name: Sandra Richmond
Title: ~:/or Title: Cheirman . -
Date: Date:.
A'i-I-EST: A']-i'EST:
By: By:
Name: Name: D.r, Joan P, Kowal
Title: Title: Superintendent
Date: Date:
or Witness:
'Reviewe0 & Approved AsTo
regal Form~
Employer59_60003081.D. Number: .__.,~' h~ r~ ~ ~ 5 O
-10-
ATTACHMENT I
A. Services to be Provided
Child care services shall be provided in accordance with Attachment II which is
made a part of this vendor agreement.
B. Clients to be Served
The Provider agrees to provide child care services for clients eligible under the
programs as specified in Attachment I1.
C. Manner of Service Provision
1. The child care services shall be provided in Palm Beach County, Florida, for
children of families who meet the eligibility and enrollment requirements of the
funding agency.
2. Child care services will be provided in the child care center location(s)
specified in Attachment I1.
3. The program shall be in operation a minimum of 10 hours per day to open no
later than 7:30 a.m. and close no earlier than 5:30 p.m. with the exception of
programs serving only school aged children, or providing child care during
non-traditional hours.
4. The Provider agrees to perform the following service tasks:
100% of all 3 and 4 year old children placed with the Provider will receive
developmental screening using the Brigance within 12 weeks of their birthday.
100% of all 3 and 4 year old children placed with the Provider with
developmental problems identified will receive an individualized plan within
four weeks of completing the assessment.
5. The Provider agrees to conform to the following performance specifications:
80% of 4 year old children placed with the Provider in care for at least nine
months prior to entry into kindergarten, will enter kindergarten ready to learn
as determined by the Palm Beach County School District's readiness
assessment instrument, administered by each child's kindergarten teacher
within the first three weeks of kindergarten.
6. Monitoring and Evaluation Methodology. By execution of this vendor
agreement the provider hereby acknowledges and agrees that its performance
-11-
under the vendor agreement must meet the standards set forth in Attachment
I, C.,5. If the Provider fails to meet these standards, the Agency, at its
exclusive option, may allow up to six months for the Provider to achieve
compliance with the standards. If the Agency affords the provider an
opportunity to achieve compliance, and the Provider fails to achieve
compliance within the specified time frame, the Agency will terminate the
vendor agreement in the absence of any extenuating or mitigating
circumstances. The determination of the extenuating or mitigating
circumstances is the exclusive determination of the Agency.
D. Method and Rates of'Payment
1. The Agency shall pay the Provider on the basis of monthly invoices submitted
to the Agency no later than the date designated by the Agency.
2. The estimated number of units of service to be provided for each type of care
are to be determined by availability of funding, referrals from the appropriate
funding agency, and parental choice.
3. The daily rate payable for child care shall be negotiated based on DCF's
district rate schedule which is included in Attachment VI.
4. The rate paid for a special needs child may exceed 20% of the infant rate or
private pay rate for the age of the child, whichever is greater, with approval
from the Agency manager or funder's contract manager. This applies only to
special needs children as defined in DCF's operating procedures.
E. Special Provisions
1. The Provider agrees to comply with all applicable federal, state and local
licensing standards, and all other applicable standards, cdteria and guidelines
established by the Agency and the funding agency. Noncompliance or failure
to maintain standards will be considered a breach of contract and may result
in immediate termination of the vendor agreement.
2. The Provider shall not exceed the licensed or allowable capacity designated
on its license at any given time. All children under supervision of the Provider
at any one time, whether or not on the premises, including children related to
staff members, shall be counted in determining compliance with the licensed
or allowable capacity.
3. The Provider shall have a designated person in charge on-site at all times who
is not engaged in child care supervision activities a majority of the time.
4. The Provider shall furnish caregivers with information concerning in-service
-12-
opportunities to meet training requirements. The Provider shall keep on record
any training documentation as deemed necessary by the Agency.
5. The Provider agrees to require at a minimum all credentialed staff to complete
12 hours of in-service training annually and non-credentialed staff to complete
40 hours of in-service trainin~l annually, (credentialed staff who work 20 hours
or less per week must complete 6 hours of training annually and non-
credentialed staffwho work 20 hours or less per week must complete 20 hours
of training annually) or abide by criteda specified in the Special Provisions for
a program.
6. Payment shall be made only for the provision of eligible services to eligible
clients as specified in Attachment I1.
7. Payment shall be made only for clients approved by the Agency prior to
rendering the service.
8. Payment shall be made only for those services specified in this vendor
agreement as authorized by the Agency. Said authorization shall be furnished
by the Agency in writing to the Provider and shall include the period of
authorization, amount of assessed fees, and identifications of clients and
children to be served, if applicable.
9. For infants (0-12 months old) and toddlers (12-24 months old), the Agency
may guarantee a specific number of slots for the Providers where there is a
documented shortage of slots for these age groups. Guaranteed slots will be
negotiated on a case by case basis in order to encourage the Provider to
develop and maintain slots for these age groups
10. Reimbursement procedures shall be established by the Agency. Failure to
follow established reimbursement procedures may result in delay of payment.
11. The Provider's noncompliance or failure to maintain accurate attendance data
shall be considered a breach of contract and may result in immediate
termination of the vendor agreement.
12. The Provider shall maintain and file with the Agency such progress, fiscal,
inventory and other reports as the Agency and/or other appropriate funding
agencies may require within the period of this vendor agreement.
13. The Provider shall notify the Agency of all Internal Revenue Service liens on
the Provider's property or assets.
14. The Provider agrees not to deny service to any eligible child authorized for
services by the Agency when space and funding are available.
-13-
15. The Provider shall arrange for the provision of available social services to
eligible clients by referral either to the Agency or other appropriate community
organizations.
16. The Provider shall arrange for the provision of health screening and diagnostic
services to eligible clients by referral either to the Agency or other appropriate
community organizations.
17. The Agency shall furnish consultation to the Provider in the areas of program
policies and procedures and the required standards for program quality.
18. The Agency agrees to provide materials and training in the administration of
the Brigance.
19. The Agency shall give to the Provider a copy of the kindergarten readiness
assessment instrument used by the School District of Palm Beach County.
20. The Provider agrees to become accredited by a nationally recognized
accrediting association and obtain a Gold Seal quality care designation by July
1, 2002. Revalidation for accreditation shall be maintained according to the
accrediting association's criteria. Once the Provider is accredited,
accreditation standards shall be maintained at all times. Noncompliance or
failure to maintain accreditation standards shall be considered a breach of
contract and may result in any one or combination of the following: (1) the
Provider being deemed in breach or default of this vendor agreement; (2) the
withholding of payments to the Provider by the Agency; (3) the termination of
this vendor agreement for cause.
21. In accordance with Senate Bill 660 which was signed into law by the late
Governor Chiles on May 21, 1998, the Provider shall provide daily classical
music, and at least 30 minutes of reading each day, which shall be exhibited
in the lesson plans.
22. Mandatory meetings may be established by the Agency. The Provider agrees
to require the Center Director or designee to attend all mandatory meetings as
established by the Agency. The Provider's failure to attend mandatory
meetings may result in termination of the vendor agreement.
23. The Provider and all of its officers, employees and agents shall comply with
the confidentiality provisions set forth in Sections 39.0132, 39.202, and 39.814
Florida Statutes (1998), and in any subsequent amendments to any of these
statutes, and shall not release any information regarding any of the children
in its care, or the family of children in its care, except as specifically authorized
by these statutes. The Provider hereby acknowledges that failure to abide by
the requirements of these statutes constitutes a criminal offense as set forth
in Section 39.205 Florida Statutes (1998).
-14-
ATTACHMENT III
SPECIAL PROVISIONS FOR SUBSIDIZED CHILD CARE,
REFUGEE/ENTRANT, AND CHILD CARE PURCHASING POOL PROGRAMS
A. The Agency shall give to the Provider a copy of the Child Care Program
Assessment (CCPA) form (Attachment IX or the most current revision). The
Provider shall obtain a minimum of 80% compliance with the CCPA which will be
conducted semi-annually by the Agency. Failure to obtain a minimum of 80%
compliance on the CCPA may result in termination of vendor agreement, and non-
renewal of vendor agreement for the next contract year.
Child Care Providers obtaining a 95% compliance or above on the CCPA will be
monitored annually. A second visit will be made for technical assistance to ensure
the level of program quality remains at a high rate determined in the initial
assessment.
B. The Agency shall give to the Provider the most current copy of the Rules of the
State of Florida DCF, Chapter 65C-21 (formerly 10M-11), Florida Administrative
Code, Subsidized Child Care.
C. The Provider shall conform to the Rules of the State of Florida DCF, Chapter 65C-
21 (formerly 10M-11), Flodda Administrative Code, Subsidized Child Care and with
Section 402.3015 F.S., and to the most recent requirements of DCF.
D. Rates paid by the Agency may not exceed rates paid by the general public nor shall
they exceed DCF's established district rate schedule.
E. The Agency shall pay a rate for child care for each qualifying client not to exceed
the rates as specified in Attachment I1.
F. The only fees that may be required of a parent who participates in the subsidized
child care program, with the exception of transportation or late pick up fees, are
those listed in DCF's subsidized parent fee schedule.
G. DCF shall reimburse the Agency on the basis that DCF's share and the local match
share are included in both the total dollar amount and the unit of service rates
specified in this vendor agreement. The Agency will reimburse the Provider on the
same basis. DCF's share is contingent upon the local match requirement being
met. Failure to meet the local match requirement will result in a reduction of state
and federal funds.
-16-
H. The Provider shall notify applicants or recipients of their rights to review in cases of
determination of ineligibility for service, termination, suspension, or reduction in
services.
!. The Provider shall notify the Agency immediately if any child receiving services
under the At-Risk (Priority I) category is absent more than two (2) consecutive days.
J. The Provider agrees to notify the Agency of entry level employment opportunities
associated with this vendor agreement that require a high school education or less.
In the event that the Provider employs a person who was referred by the WAGES
office, the Provider will notify the Agency.
K. Sponsorship
As required by section 286.25, Florida Statutes, if the Provider is a
nongovernmental organization which sponsors a program financed wholly or in part
by state funds, including any funds obtained through this vendor agreement, it shall,
in publicizing, advertising or describing the sponsorship of the program state:
"Sponsored by (Provider's name) and the State of Florida, Department of Children
and Families." If the sponsorship reference is in written material, the words, "State
of Florida, Department of Children and Families", shall appear in the same size
letters or type as the name of the Provider.
L. The Provider agrees to recognize the Department of Children & Families when
issuing publications, including brochures and parent newsletters, and conducting
events either partially or fully funded under this vendor agreement. Recognition
should include at a minimum the Department of Children & Families' name and
logo.
M. Patents, Copyrights and Royalties
If any discovery or invention arises or is developed in the course or as a result of
work or services performed under this vendor agreement, or in anyway connected
herewith, the Provider shall refer the discovery or invention to the Agency to be
referred to the Department of State to determine whether patent protection will be
sought in the name of the State of Flodda. Any and all patent rights accruing under
or in connection with the performance of this vendor agreement are hereby reserved
to the State of Florida. In the event that any books, manuals, films, or other
copyrightable materials are produced, the Provider shall notify the Agency. Any and
all copyrights accruing under or in connection with the performance under this
vendor agreement are hereby reserved to the State of Flonda.
The Provider, without exception, shall indemnify and save harmless the State of
Florida and its employees from liability of any nature or kind, including cost and
expenses for or on account of any copyrighted, patented, or unpatented invention,
-17-
process, or article manufactured by the Provider. The Provider has no liability when
such claim is solely and exclusively due to the Department of State's alteration of
the article. The State of Florida will provide prompt written notification of claim of
copyright or patent infringement. Further, if such claim is made or is pending, the
Provider may, at its option and expense, procure for the Department of State, the
dght to continue use of, replace or modify the article to render it non-infringing. If
the Provider uses any design, device, or materials covered by letters, patent, or
copyright, it is mutually agreed and understood without exception that the bid prices
shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work.
N. The daily rate payable for child care shall be negotiated based on the 1997-1998
District 9 Department of Children & Families Child Care Rate Schedule (Attachment
VI). As authorized by the legislature, the Agency is authorized to pay up to twenty
percent (20%) higher differential rate for Gold Seal centers. In no circumstance
may the base rate and the differential rate exceed the Provider's private pay rate.
The differential rate cannot exceed the 1997-1998 Distdct 9 Department of Children
and Families' child care base rate plus twenty percent (20%) according to
Attachment VI.
-18-
ATTACHMENT IV
SPECIAL PROVISIONS FOR THE
TEENAGE PARENT PROGRAM (TPP)
A. The Agency shall give to the Provider the most current copy of the Rules of the
State of Florida DCF, Chapter 65C-21 (formerly 10M-11), Florida Administrative
Code, Subsidized Child Care.
B. The Provider shall conform to the Rules of the State of Florida DCF, Chapter 65C-
21 (formerly 10M-11), Florida Administrative Code, Subsidized Child Care and to
the most recent requirements of DCF.
C. The Agency shall give to the Provider a copy of the Child Care Program
Assessment (CCPA) form (Attachment IX or the most current revision). The
Provider shall obtain a minimum of 80% compliance with the CCPA which will be
conducted semi-annually by the Agency. Failure to obtain a minimum of 80%
compliance on the CCPA may result in termination of vendor agreement, and non-
renewal of vendor agreement for the next contract year.
Child Care Providers obtaining a 95% compliance or above on the CCPA will be
monitored annually. A second visit will be made for technical assistance to ensure
the level of program quality remains at a high rate determined in the initial
assessment.
D. Child care services shall be provided on a full time basis for each qualifying client,
regardless of the public school schedule.
E. The Agency shall pay a rate for child care for each qualifying client the rate
approved by the Department of Children & Families, or the rate charged the general
public by the Provider, whichever is less.
F. The only fees that may be required of a parent who participates in the Teenage
Parent Program are late pick-up fees.
G. The daily rate payable for child care shall be negotiated based on the 1997-1998
District 9 Department of Children & Families Rate Schedule. (Attachment VI) The
Agency is authorized to pay up to twenty percent (20%) higher differential rate for
Gold Seal Centers. In no circumstance may the base rate and the differential rate
exceed the Provider's private pay rate. The differential rate cannot exceed the
1997-1998 District 9 Department of Children & Families child care base rate plus
twenty percent (20%) according to Attachment VI.
-19-
ATTACHMENT V
SPECIAL PROVISIONS FOR THE JOB TRAINING PARTNERSHIP ACT
(JTPA) PROGRAM
A. All activities performed under this vendor agreement shall be provided in a drug-free
workplace in accordance with the Drug Free Workplace Act of 1988 and the
regulations promulgated thereto.
B. The funding agency reserves a royalty-free, nonexclusive, and irrevocable license
to reproduce, publish or otherwise use, and to authorize others to use, for Federal
Government purposes:
1. The copyright in any work developed under this vendor
agreement.
2. Any rights of copyright to which a Provider purchases ownership
with funding from this vendor agreement.
C. The Agency shall give to the Provider a copy of the Child Care Program
Assessment (CCPA) Form (Attachment IX or the most current revision). The
Provider shall obtain a minimum of 80% compliance with the CCPA which will be
conducted semi-annually by the Agency. Failure to obtain a minimum of 80%
compliance on the CCPA may result in termination of vendor agreement, and non-
renewal of vendor agreement for the next contract year.
Child Care Providers obtaining a 95% compliance or above will be monitored
annually. A second visit will be made for technical assistance to ensure the level
of program quality remains at a high rate determined in the initial assessment.
D. The only fees that may be required of a parent who participates in the JTPA
program are late pick up fees.
E. The Agency shall pay a rate for child care for each qualifying client the rate
approved by the Department of Children & Families, or the rate charged the general
public by the Provider, whichever is less.
F. The daily rate payable for child care shall be negotiated based on the 1997-1998
District 9 Department of Children & Families Rate Schedule. (Attachment VI) The
Agency is authorized to pay up to twenty percent (20%) higher differential rate for
Gold Seal Centers. In no circumstance may the base rate and the differential rate
exceed the Provider's private pay rate. The differential rate cannot exceed the 1997-
1998 Distdct 9 Department of Children & Families child care base rate plus twenty
percent (20%) according to Attachment VI.
-20-
ATTACHMENT VI
1997 - 1998 District 9 Child Care Rate Schedule
Effective October 1, 1997
Full Time Rates
Centers (Licensed/Exempt) Licensed Homes Registered Homes
Weekly Daily Weekly Daily Weekly Daily
0-12 months (Infants,) $120.00 $24.00 $115.00 $23.00 NA NA
13-23 months $110.00 $22.00 $110.00 $2.2_00 NA NA
24-35 months $100.00 $20.00 $110.00 $2_2.00 NA NA
36-47 months $98.00 519.60 $110.00 $22..00 NA NA
48-59 months $97.00 $19.40 $100.00 $20.00 NA NA
School Age $95.00 * $85.00 ~ NA NA
Summem/Holidays. S 19.00 $17.00 . .
Part Time Rates
Centers (Licensed/Exempt) Licensed Homes Registered Homes
Weekly Daily Weekly Daily Weekly Daily
0-12 months (Infants) $96.00 $19.20 $75.00 $15.00 NA NA
13-23 months $95.00 $19.00 $75.00 $15.00 ' NA NA
24-35 months S80.00 S16.00 $75.00 ' $15.00 NA NA
35-47 months $78.00 $15.60 $75.00 $15.00 NA NA
48-59 months $77.00 $15.40 $75.00 $15.00 NA NA
Part Time School Age Rates*
Before and After School
Centers (Licensed/Exempt) Licensed Homes Registered Homes
Weekly Daily Weekly Daily Weekly Daily
* $85.00 '~ '~
$50.00 S 10.00 ~ 17.00 NA
'School Age rates for daily, partial week, before school only and after school only are to be negotiated.
-2! -
ATTACHMENT VII
INSURANCE REQUIREMENTS
Proof of the following insurance will be furnished by the Provider to the School
Distdct of Palm Beach County by Certificate of Insurance upon execution of vendor
agreement. Such Certificate must contain a provision for notification to the District
thirty (30) days in advance of any matedal change in coverage or cancellation. The
School District of Palm Beach County, Florida, shall be included as an additional
insured under the General Liability policy including Contractual Liability.
1. General Liability Insurance, including Contractual Liability to cover the "Hold
Harmless Agreement" set forth herein, with bodily injury limits of not less
than $1,000,000.00 per occurrence combined single limit for bodily injury
and property damage.
2. Auto Liability Insurance with bodily injury and property damage limits of not
less than $1,000,000.00 per claimant, $1,000,000.00 per occurrence if
children are transported.
Note: Item 3 applies to Providers with 4 or more employees.
3. Worker's Compensation and Employers' Liability Insurance with a limit of not
less that $100,000.00 per occurrence.
The Provider agrees, by accepting the award of this agreement, to the following
"Hold Harmless Agreement".
During the term of this agreement, the vendor shall indemnify, hold harmless, and
defend the School Distdct of Palm Beach County, Flodda, its agents, servants, and
employees from any and all costs and expenses, including, but not limited to
attorney's fees, reasonable investigative and discovery costs, court costs and all
other which the District, its agents, servants, and employees may pay or become
obligated to pay on account of any, all and every claim or demand, or assertion of
liability, or any claim or action founded, thereon, arising or alleged to have arisen
out of the products, goods or services furnished by the vendor, their agents,
servants or employees, or any of their equipment when such persons or equipment
are on the premises owned or controlled by the Distdct for the purpose of
performing services, delivering products or goods, installing equipment, or otherwise
transacting business, whether such claim or claims be for damages, injury to person
or property, including the District's property, or death of arly person, group or
organization, whether employed by the vendor or the District or otherwise.
-22-
ATTACHMENT vzzz
FINANCIAL AND COMPLIANCE AUDIT
This attachment is applicable if the provider is any state or local government entity, nonprofit
organization, or for-profit organization. An audit performed by the Auditor General shall satisfy
the requirements of this attachmenL If the provider does not meet any of the requirements
below, no audit is required by this attachment.
PART I: FEDERAL AUDIT REQUIREMENTS
This part is applicable if the provider is a local government entity, or nonprofit organization,
and expends a total of $300,000 or more in Federal Awards passed through the department
during its fiscal year. The determination of when a provider has "expended" Federal
Awards is based on when the activity related to the award occurs.
Local governments and nonprofit organizations shall comply with the audit requirements
contained in OMB Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations, except as modified herein. Such audits shall cover the entire organization
for the organization's fiscal year. The reporting package shall include a schedule that
discloses the amount of expenditures by contract number for each contract with the
department in effect during the audit period.
Compliance findings related to contracts with the department shall be based on the contract
requirements, including any rules, regulations, or statutes referenced in the contract. The
financial statements shall disclose whether or not the matching requirement was met for
each applicable contract. All questioned costs and liabilities due to the department shall be
fully disclosed in the audit report with reference to the department contract involved.
PART I1: DEPARTMENT AUDIT REQUIREMENTS
This part is applicable if the provider is a nonprofit organization that receives, during its
fiscal year, a total of $100,000 or more in non-federal funds from the department which was
not paid from a rate contract based on a set state or area-wide fixed rate for service.
The provider agrees to have an annual financial audit performed by independent auditors in
accordance with the current Government Auditing Standards issued by the Comptroller
General of the United States. Such audits shall cover the entire organization for the
organization's fiscal year. The scope of the audit performed shall cover the financial
statements and include a report on internal control and compliance. The reporting package
shall include a schedule that discloses the amount of receipts by contract number for each
contract with the department in effect during the audit period.
Compliance findings related to contracts with the department shall be based on the contract
requirements, including any rules, regulations, or statutes referenced in the contract. The
financial statements shall disclose whether or not the matching requirement was met for
Page 1 of 2
03/01/98
each applicable contract. All questioned costs and liabilities due to the department shall be
fully disclosed in the audit report with reference to the department contract involved.
PART II1: STATE AUDIT REQUIREMENTS
If the provider receives funds from a grants and aids appropriation, the provider shall have
an audit, or submit an attestation statement, in accordance with Section 216.349, Florida
Statutes. The report shall cover the provider's fiscal year. The audit report shall include a
schedule of financial assistance which discloses each state contract by number and
indicates which contract funds are from state grants and aids appropriations. The provider
has "received" funds when it has obtained cash from the department.
PART IV: SUBMISSION OF REPORTS
For any of the above requirements, copies of the audit report and any management letter by
the independent auditors, or attestation statement, required by this attachment shall be
submitted within 180 days after the end of the provider's fiscal year directly to each of the
following, unless othe~vise required by Flodda Statutes:
A. Office of Internal Audit
1317 Winewood Boulevard
Building 1, Room 301G
Tallahassee, Fiodda 32399-0700
B. Contract manager for this contract.
C. Submit to this address only those reports
required by OMB Circular A-133:
Federal Audit Clearinghouse
Bureau of the Census
1201 E. 10th Street
Jeffersonville, Indiana 47132
D. Submit to this address only those audits
or attestation statements required by
Section 216.349, Florida Statutes:
Jim Dwyer
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working papers are made available to the department,
· or its designee, upon request for a period of five years from the date the audit report is
issued, unless extended in writing by the department.
Page 2 of 2
03/01/98
Attachment
',"" CI-r~ .D CARE PROGRAM ASSESSME~ - GENERIC
One: (new program no~ umier cmmaa). rm~al.of
1. PROGRAM MANA~ AND STAFF DEVELOPMENT
Vo of= hctmd'saui 0 2 4
_domm~-~irm of ~i~rm~'s arrival ~,~,~ d~partaru B~m'e a~l alto'school age pmgr.,m~ are
memb~.
¢. Eaflychildlmod resourcesareav'~%hl¢~vhelps~affplanag~~aciivifiesforallag~s 0 1 2
of chiklrm ~ Resources could hctud¢ resource books m~ ch'Id ~ ~
f. Cr=demialed mir are requi~ r,o cumple~ 12 hou~ ofh-s=vice ~,i,,~, ~,,,,~y. Non- 0 2 4
~Von-cre~enlialed ~aff ~ho ~ori 20 bou~ o~ !_~__ pe~ ~ are ~d to wmple~e 20 hour~ of
~ - 8 ~o ~ o~ - ~
· 2. P~ INVOLVEMENT
Parmm/gum~ians are well-/nformed aborn and wclcom¢ as observers and con~buWrs to thc program.
a. Cent= pwvidcs a planned p~gram of cxper/eaccs and activities which support mui cnluncc 0 2 4
flac p&-en~al role as the princ/pal ~flucncc in their child's education and developmenL Evidcnce
could bxdudc, but is not ~i~ed to, documenlation ofp~ confcr~sc~ signed by
and parent education whi~ could be part of thc parent _meets_ ' ~ infor,~*i~_n on imlielin
b. ~mn/:~.:~..,~ndoth=~~~rcwdcomedvi~nin,h¢cc~=a~allames 0 1 2
by co~ or cr~n~ n~r~t~ f~r ~musc, acting as members of the Cem~
Policy Co,m~,~c, or -~4~'h,E with ~ecial ac~Mcs, eta
~ N=vpm~m~,,~rc~,,~,;ded~p~znm's~poJic/=ndprocedm~ 0 1 2
f. ~,ru~._-~sr~v~~l,=/odicaUr~UaV~recomnznd~dru~nn~3. 0 1
m~ accepubl¢ forms of ~_ ~~ C.o~F mukl ha~c a *'runind~" no~e foz hnch
boxes when guidelines are not met.
Subu)taI 14
3. PHYSICAL I/NVIRO~
b. Individual~for~E~'sp~b~m~i%~qm, c pwvidcdandcle~lyhbeled 0 1 2
with each child's name and/or symbol Storage areas can i~ puntms~ or i,~,. rovised.
~. ,',soandnunr~~is~ide~. Sot, n=sca~b~Vn~,~d~d~,~r~-~ ' 0 1 2
fuminn'e such as rockets and pillows, ~ adults who oxldlc childzen on thck laps, etc.
~ Cula~divea~tyisseenthroughtut~cc~sa=andreflectsgaeealmmldi~=sityof~~ 0 1 2
society as a whole. Items could badude w,n~i-cultm-al dolls, doll clothes, pretend food, dress-up
puzzle, block accessories, cooking cxpcdmees, et'eaSe ,~,,.,ia~, etc.
¢. Therciznoevidmceofgenflcr,~cc, orflisab~b~. Dress-t~ areas inc~c male and female 0 1 2
clo~,~f and accessories. Pictures and books include people wifla disabilities a~l show
non-traditional roles. Staff do not demon.~e stereotypical cxpeaation~ of d~a'cn such as
boys don't play with dolls.
Attachmeut IX
f." Wall hangings, whic. h could includc pictures, postcrs, ~ ~or an wo~, ~ at thc child's level. 0 ] 2
g. ~ild~'s wo~ is d~laycd lhmughout thc ~t~. 0 1 2
b. ~e ~ ~ by ~ild~ b appmp~te f~ ~ek ~e ~d ~. 0 I 2
i. ~e ~r ~m~t b ~dy for ~il~ to phY~ B~ ~u~m~t ~ ~ ~ov~ ~e 0 12-
Subtotal 18
ITOTAL GENERIC SCORE: 52
Point Tnfli-~ V'mitFollow-up Visit
Components Value (pl~) (%) (pcs) (%)
Generic 52
iInfant 187
'Toddler 252
Twos 282
Preschool 328 ..
School Age 156
TOTAL 1257
I, , t~e center director, acknowledge the receipt of the
Ch/ld Care Program Assessment.
Provider's S~a~ture Date
Revie~er's Signature Da~e
Follow-up Scores have been discussed with me, , the ce~.ter
director.
Provider' s Signature Date
Reviewer' s Signat._ure Date
Attachment IX
~/a~ CHII~D CARE PROGRAM ASSESSlVIENT - INFANT
I:~IUF~
I. STA--c~/CHILD INTERA~ON
SmiPdu~cI immmmion m~om'ag~s thc LANGUAGE DEVELOPMENT of infams fl~ro~ghou~ ~h¢ day's z~ilies in ~ wann,
Stzffusc positive tedmiques in GUIDING TI-IE ~~' B~A~OR ~u~ut
~ ~°n' ~ ~le °f~n ~ t° ~c a t~g ~g w~ ~ ~t ~'t° 0
bite or m ~ ~e ~t ~ a n~ a~.
~.' ~,, ~~t of ~' ~ ~ ~ ~ ~ ~ ~g~ w~ 0 2 4
~ s~ d~ b~or.
c. P~~m'h~m~pmbl~by'dm~~e~ionbao~itb~'' 0 2 4 '
a~bl~
S~
2. D~P~~ ~~
1. ~r
2.
3.
4. A~e $. ~e
S~ 16
3. ~~ ~O~
w~
e. ~e~~asoflp~y~w~~~,~t~,~w~, 0 1 2
a ~r, a ~b~
Attachment AX
Thc INDOOR LEARNI31G I~VIRONMENT providca dcv¢lopmcnmlly approprialc materials a~l cquipmcnt which arc availablc
GROSS MOTOR
,,it icoxt one (1) itezn is provided for each of these functions and is accemsible for use. Each it~n nt~. onl. v count for one funclion.
An apparat~ with multiple functions that is large enough for more than one infant to ttse at a time may be counted for more
than one function.
01
f. Cr,,~-g- ao1~rmg omo a robie., saa'va~ ,~,-~. ~ Walk=s ar~ not us~ ' 0 1
~ MOTOR
At ~ one (1) ~n is prowidtd for each of these funct~on.v and ~ ~,~_-~_'ble for u.~e. F, ach Rem may only count for one funat~on.
~. Touch~-~'_,,,'~.feeb, books, water play, ~tc. 0 l
01
LANGUAGE D~PMENT
At igast thr~ O) g~fferent itern~ are provided for each of these func~on$ and t~e accruable for use. F_ach item may only count for
one function.
wifl~n eye con~c~ of ~h¢ ~ e~c.
c. Talking- dolls, Iclcphoncs, puppets, pic~ures, photogr'~hs, e~ 0
~l. his,--~,g: rec.~ and/or ~pes wi~ record/~¢ player, music boxes, rardcs, squeak ~oys,
One of the l~le,~ng iten~ is o varieo/ ora! le~ $~ ¢6) a~v'otv'iate record~ and/or rapes and o record
pl~er/~pe ~aye~ .h/ch i~ in good .ori~n~ order ~nd ~ of the c;_,,~,,'oom equi~nent In open-
ct~n~om ~e. ttO~, :here two adjacent cla.~roon~ are ~e4~a~a~ed by ~ half.all, the two
,Thc OUTDOOR. ENVIRONMENT provides cnough usablc spacc and d~,clopm~nmlly appmprialc equipmcn! and
m~edals for the d~iklr~ using it.
lnfa~t progr~ which m¢¢[ the iicenring outdoor exe~nption wiii prm,idc d~e t~e-appropriate outdoor to)~ and rlrl~rienc, e.~
ar pa~t of t~eir indoor e. rn,ironment. This doe~ not hnply ~hat infon&~ ar~ not taken ouL~de daily, ~,eather permitting.
a. The omdoorphy time for infams ~s separated from thc: older children b~ schedule or fence. 0 1 2
lb. ~ is. ~ rot** mobiUV ~ ~-~o.~g 'or ~-,.-~o=, ~oU~, by.ye. 0 1 2
b~gies, caniages, or addRional s~l', ¢tc. ·
c. A deveJ~m~ally zl~propria~¢ outside surfac~ is provided for infan~ su~ as wast~l¢ ma~s, 0 1 2
~. ~ is a,,~ or two Cl) d~,~lopm~ally ~propria~ play ~xp~i~c~s p= ~ 0 1 2
~. Th=~ ar~ age,~opriate ouaioor toys for gross minor dev~lopmmt whir could imtud¢ 0 1 2
bls~lc~, eW..
f" T~ar~r~age~r~pria~¢~u~rloysf~rfin¢m~rd~ve~opm~whicitcouldinc~d¢~b~r~t 0 1 2
~ exp~rimces, cause and e..ffect, e!.c.
The physical envh'omn~ Inmaoles good b~m~ for ~ach chikL
5. ~ON
~, ~-~ CHILD CARE PROGRAM ASSESSMENT - TODDLER
.~id~: it.u,,~ I IN.:
1. STA.FF/C~::nmn 13'vJtr.~CTlOlV
SLzftTd~kl inm-~Lka ~ ~ thc LA.~AOE D~PM~KT of toddl~ ~rou$1~x~ tl~ chy'~ Ic~vi~s ia a w~m, m~'mrin& md/x)s~J~ a~v'
~y.
S~ ~
4. ~ 8. F~m~r
4.~
024
~~j CFII~ .D CARE PROGRAM ASSESSMENT - 'I~VO YEAR OLDS
1. ~I'AYF/CHIL~ I~TERACrIoN
StzffT~hild ~wa~l~m ~ thc L.A~GUAGE D~PM.E~T oftwo ~ ~ ~~e ~y's ~ ~a ~~ ~
~ ~~~~~~~~~~l~of~o 036
~ ~P~~~~~~~~. ~~~P~~" 0 3 6
· ~'s~~~ ~~~'s~~~. 0 3 6
a ~a~'s~a~~~~~s~~~~ ~~ 024 ...
;b. ~~~~~'s~~-T~~~~~ 0 3 6
~f~~
~~) 8~ I1O
2. DEVELOPMI~AL PRO~RAM
DAILY ROU311~ ~$.~ pl.~y. ~lm-~-~ ~md ~m~.
The DqDOOR LF. AiU~NG ENVtRONME:I~TT ~ovldgs ~cv~l~mtgn~lly appu~prlmc ~b ~ ~ ~ m~ ~ ~ ~ ~ ~ ~'o
GR~S
~ ~-~~ 0 2
Attachment iX
CHILD CARE PROGKAA4 ASSESS]v[ENT - PRESCHOOL
~::::b~~~~~~~~ ~ 048
.,,a~,~..
~ ~'~~~~ 024
· Fum~,~ - 024
b. ~p~- 024
c. D~ - F~,v~ (~,~ o~ mmd~oMnyl m~,,~-odt~ I~ dolb (or, m o4'm w ~x,m dm3d m m oboo~ ~ ~'h h ~) m ~ m 024
m mm
~ ~~m~~~~~~~ 024
i~ W-~~-~~ "' 1024 J 'J '
%. At tac.hment IX
~'~'~ CH/LD CARE PROGRAM ASSESSMENT SCHOOL AGE
1. ~/~ ~~ON
mom" ~ ~ w~ ~e ~ ~ b~ m ~ ~ ~g ~e =
~g ~~ ~o ~ (~ ~ ~ ~ w~le ~ ~ of ~e ~).
S~ ~mg~ ~ ~ ~ P~SI~ D~P~ of ~ ~ ~ ~'s ~ ~ a ~
· ~ ~ ~ W ~m m~c ~b~ ~ ~, ~l~ ~*. ~ ~ 024
' ~~1 '
~. 8~~~~ *f~*~~~ ~ 024
S~ ~g~ ~ ~ ~ ~ON~ D~P~ of ~ ~~ ~ ~'s ~ h a
S~ ~c ~e ~= ~ ~G ~ ~~S ~OR ~~ ~ ~. Po~ =e ~ ~ ~ no~
~d~ce ~ ~e ~.
b. P~e ~m~~ ~~ ~. of ~'s ~~~- T~ ~ ~ ~ 0 3 6
~~ b~or.
~ ~)
C.' 'Suiff cncouragc childrcn w dcvclop skills for resolving conflicts in a positive way by describing thc situation 0 3 6 ',
to encourage Iht children's evaluation of the problem raft]a- than impose U~c solution. Children are
encouraged to ~ about their feelings and ~ post.lc solutions in a positive manner without b~/ng
made to feel that their feelings are inappropriate.
f.' Clear, consistent rulcs arc c.,,~hincd to chil~ and understood by adulls. Pro,mm rules are developed/n 0 2 4
conjunction wi~h ~h¢ children and discussed with ~em w make s~r¢ they understand.
Subtotal 62 ..
2. DEVI~LOPMBKTAL PROGRAM
. The DAILY ROUTINE cncomagc~ play, explore/on, and leami~' '
a. The io~ of thc program l~/lect a $~ ~h-~ is plaaacd to Pwmote a balance of activifie~/n these
1. Outdoor 6. Q~et
2. Indoor ?. Active
5. L~g¢ grou~
~,tiet and ~ a,:tM~e~ ,ee.d to be off~rr~t as a d, oi~. ~ ~ c~ gather sp~atmeo~!y during free
pr~pami fro' d~agc. W~*~ i.5 ,,,~,~,.-a
d~ The~ i~ a mhednled free-c~ice time ~ le~ mc~ a day f~r ~er school~% ~ a ~ f~
.u,,,.~rno~ pwgr=~ Thc ~vu~i~e anows for free choice time for ~ 4~ ufiu~es for an after
e. Staff follow th~ marine the majc~y of the day amd "~ir~ cl~ages as indica~l by thc chxqdrm's ~ a~E
~ ~bos¢ "tcad~k momems".
a. The we~kly lesson plan is currau, vis~lc, t~in~ronow~end~lerorusc. Pt~ for ~h¢ last six
weeks sr~ difl'a, mt, access'hie end daIed in ink. Staff follow ~hc dfildr~'s lead, at~ ~E¢ of those
"t~/~bl¢ moments".
b. The lesson pl,m is an e~prcssion of what will lmpp~ dud~ fire entire pm~ m~l is not lhe same as ~e
schedule. Evidence of phunal ~ivifics is obsezved.
c. Staff~~lohclpphn~¢wfiv~_'~ ~~abccvidcuccdbysmd~coundls, needs
d. The lc~mln_- environment has been Prepared W ~ the opportunities listed on thc less~n plan
e. Plans h~l/cate that the children have new oppor,nni*i~ in the following: table games, m~s a~l crafts,
is tn'~ented m~h week in at l~ast thr~
f. Plans incti~,-~ that childrm are given oppomnfi~ to participate in food proration experiences at least once
a week as lon~ as local health restrictions allow. This needs to be documented on the !_~__on
Subtotal 22
Attachment
'~ ' 3. PHYSICAL ENVIRONMENT
The 1~ .VIRO~ promotes the im~'~aion of childrm ,vith maleri~s, other chiidrm, a~d adults.
a. Th¢rcisami~imum~fthree(~)~c`appr~pri~¢phy~.pcrienccs..p~rchi~df~rcachgr~upand/orp~ayar~ 0"112
of SUff~dent varify and dur-~ilily. F~ch day the env/ronm~t will provide a variety of z:q~riences from hhe
categories lisl~d. It is ~:pecsed that ali ~i~t categories will b~ included weekly in the planned pro~
b. r~'t''m ar~ ~llowed ~o selea fl~se aai~i~ies they wish w pani~ ia. 0 1 2
The INDOOR 1-I:ARlqlNO HNVIRONMI/NT provid~ developmmtally appropriale materials and equipment which are accessible
toth¢ children.
favoriI¢ ~ i~ order to ~ their usage. Games are age-appmpxia~ have all the retfaired pi~ces, lind
cr~ive way.
c. Dr-,,~ics - Oppommifies with p~ppets, props, ~ clothes, ~c. where chiidr~ c~n recr~a~ diff~nt 024
d. Construction - Legos, bfistte blocks, !.i,,coh~ logs, erector sets, ~ blocks, styrofoam and toothpicks, 024
p,~-~es, e~c. Clxfi~ need W be age-~¢. There is a ~.~cient cluan~ and variety of the iiems.
{e. ~ive langn~e - Books, pap~ wilh wriling aIens~, lypewrile~, ma~r,i,,es, oppor~i~i~ for ct~ ~ 024
impon~ ~ tifl~ lmve the oppotmu~ m talk to ~h other and to mfr.
~h¢ ch~dr~ ~o develop a ~ inmr~'ts or hoblry ~ they would not otherwise be ~ble m develop.
of ~h¢ dfldrm's ,~..~a cmiosiiy ~o ~ and pr~lict fl~e om~ome of m ~xp~immt or sp~ial im~je~.
h. Music - T~p~ x~a~ ~pes, rectmi play~, r~m~ headsets, amskal insummm~ wlfich can be ~ 024
of all kimts of mnsic.
The OUTDOOP, ElqVIP, ONMENT provides mough usable space and delmlopmm~ally appropfia~ eq~ipmmI m~l ~ for
a. 'I~ is a ,,~ of two sutfat~, which could inc~e soil, srass, saml,'ahards~face, etc. 012
,, , ,
b. Th¢ou~oorphyar~aprovid~sopporumkyf~~ . 012
The equip~nl trod ~n~te~i~lr for ~ a,:tivi~e.t ~e aw.~ble out. side, age-~pt~M'iate ~nd i~ good ~ing ord,.
¢. O~Aoor recr~a~n experiences ~,,o~ide for at least two (2) choices per ~ .... 0 i 2 ' '
d. TUrowi .Uans, f = , in toss, UarsesUoe . 0 1 2
e. I,,,~. ing-hoohhoops, j,,~. ropes, b~_ ~_~i. hopscotch, ~m~. 012
f. Hi, g-bats, ~_,,,,i~ racqu~, _~_ :-~;.~;~a, ping-poa~ ~c. 01.2
~ Hanging-asuspmd~barwhic~bepmofamulfi-flmciion,,~i~.~eybaxs, eic. 012
b. OimSing - multi-fire,on units, ropes'with knots, e~z. 0112
i. B-l~mcing-b~t~eb~m, curb, board, paimedlines, etc. 012
~. Swin~ng/slicling - sw~_' ~' slide, ,~,,iboard or way on a hill,, lmmmock, ~tc. 0 I 2
S~m~ 56
~ ~ 4. HEALTH
The physical ~viromnent promotes good health for ~ach child.
a. Stattand childrm wash lheir hands before meals and after toileting.
b. The ~imma~t is fr~ of aoxious odor.
Subtotal
~. NUTRITION
b. Appropri~f~lin~prac~sar~inplac~. Af~ $chool~ sit at tables for macks. Pr°P~ruI~mils~re
provide. Food is not s~rved on a bar~ table,, but rath~ in a s~dlary way with an appropriate c~rin~ under
thc food snch ~s plates, plac~mats, orpap~' towels. T~bles ~ wash~ and napkins ar~ provided..
Subtotal
MEMORANDUM
TO: MAYOR AND CITY C~MMISSIONERS
FROM: CITY MANAGER ~ ~
SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF JULY 6, 1999
ADDENDUM NO. 1/AGREEMENT FOR GENERAL CONSULTING
ENGINEERING SERVICES
DATE: JULY 2, 1999
This is before the Commission to approve an Addendum No. 1 to the
City's standard Agreement for General Consulting Engineering
Services, and authorize the Mayor to execute same.
The addendum clarifies what is to be included in each phase of
respective service authorizations and will be reviewed and
approved by the City Attorney prior to execution. The wording in
this addendum is similar to that which was included in the
previous boilerplate agreement for engineering consulting
services. There is no cost involved.
Recommend approval of Addendum No. 1 to the Agreement for General
Consulting Engineering Services and authorize the Mayor to
execute same.
Ref :Agmemol3 .Addendum. Agmt. forEng. Services
Agenda Item No.
AGENDA REQUEST
Date: 01 July 1999
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: 06 July 1999
Description of item (who, what, where, how much): Commission approval/authorization for
Mayor to execute Addendum #1 of the Agreement for General Consulting Engineering
Services. This addendum clarifies what is to be included in each phase of the service
authorization. This addendum will be reviewed and approved by the City Attorney prior to
execution.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YESINO
Recommendation: Staffrecom~s a~.~ '7-1-
Department head signature: ~,._.~.-~~ ~' ~ q?
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO N/A
Funding alternatives (if applicable)
Account No. & Description)
Account Balance)
City Manager Review:
Approved for agenda: ~fNO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:~EngAdmintProjectst99t99-O48%OFFICIALtagendaO1.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David Harden
City Manager
FROM: Randal L. Krejcarek, P.E.
City Engineer
DATE: 1-Jul-99
SUBJECT: Addendum #1
Agreement for General Consulting Engineering Services
RFQ # 99-18
Project # 99-048
The attached agenda item is a request for Commission approval/authorization for Mayor to execute
Addendum #1 of the Agreement for General Consulting Engineering Services This addendum clarifies
what is to be included in each phase of the service authorization. This addendum is subject to review and
approval by the City Attorney prior to execution.
The verbiage in this addendum is similar to what was include in the last agreement with consulting
engineering firms.
There is no cost to the city for this addendum.
Thank you.
enc.
cc Richard Hasko, P.E., Director of Environmental Services
file 99-048
S:tEngAdrnintProjects~99tgg-o48tOFFICIAL ~agendaO1mern.doc
ADDENDUM NO. 1
AGREEMENT FOR GENERAL CONSULTING ENGINEERING SERVCIES
CITY OF DELRAY BEACH PROJECT NO. 99-048
RFQ NO. 99-18
Addendum No. 1, dated , to the Agreement for General Consulting Engineering
Services, is hereby declared a part of the original agreement, and in case of conflict, the following
Addendum shall govern.
Description: This addendum is issued to clarify phases, Section III of Agreement, of the service
authorization.
III. DUTIES OF CONSULTANT:
The following Duties of CONSULTANT are separated into phases of the project, which
if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City
may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the
project. The City must authorize through service authorizations, the commencement of each
phase of the work.
A. Phase I - Study and Report Phase
If the Study and Report Phase is authorized, the following requirements shall apply.
1. The CONSULTANT shall consult with the CITY to clarify and define the
CITY'S requirements for the Project and review available data.
2. The CONSULTANT shall advise the CITY as to the necessity of the CITY'S
providing or obtaining from others, data or services.
3. The CONSULTANT shall identify and analyze permit and approval
requirements of all governmental authorities having jurisdiction to approve either
the design of the Project and participate in consultations with such authorities.
4. The CONSULTANT shall provide analyses of the CITY'S needs, planning
surveys, site evaluations and comparative studies of prospective sites and
solutions.
5. The CONSULTANT shall provide a general economic analysis of Owner's
requirements applicable to various alternatives.
6. The CONSULTANT shall prepare a Report containing schematic layouts,
sketches and conceptual design criteria with appropriate exhibits to indicate
clearly the considerations involved (including applicable requirements of
governmental authorities having jurisdiction as aforesaid) and the alternative
solutions available to the CITY and setting forth CONSULTANT'S findings and
recommendations. This Report will be accompanied by CONSULTANT'S pre-
design estimate of probable costs for the Project, including, but not limited to the
following, which will be separately itemized: Construction Cost, allowance for
engineering costs and contingencies allowances for such other items, such as
charges of all other professionals and consultants, for the cost of land and rights-
of-way, for compensation for or damages to properties, and for permit, review
and/or approval fees by other governmental agencies, if required. The
CONSULTANT shall also provide a preliminary evaluation of the City's Project
Schedule. The City's Project Schedule and probable construction costs shall be
evaluated and updated throughout subsequent phases of the work.
7. The CONSULTANT shall furnish the number of copies of the Study and Report
documents as provided in the SERVICE AUTHORIZATION and review them
with the CITY.
B. Phase II - Preliminary Design Phase
If the Preliminary Design Phase is authorized, the following requirements will apply:
1. The CONSULTANT, in consultation with the CITY shall determine the general
scope, extent and character of the Project.
2. Prepare Preliminary Design documents consisting of final design criteria,
preliminary drawings, outline specifications and written descriptions of the
Project.
3. Advise the CITY if additional data or services are necessary and assist the CITY
in obtaining such data and services.
4. Furnish the specified number of copies of the above Preliminary Design
documents as contained within the SERVICE AUTHORIZATION and present
and review them with the CITY.
5. The CONSULTANT shall submit to the CITY a preliminary estimate of
construction costs based on current area, volume or other unit costs, which shall
be updated throughout he design development phase.
6. The CONSULTANT shall prepare a development schedule, which shall include,
but shall not be limited to, the review and approval times by all governmental
agencies as may be required.
7. The CONSULTANT shall make available all design calculations and associated Data,
and participate in meetings in which Value Engineering Analysis of the project takes
place, at such times and places as shall be determined by the CITY.
C. Phase III. Final Design Phase.
If the Final Design Phase is authorized, the following requirements shall apply:
1. The CONSULTANT shall prepare construction documents which shall include but not
be limited to drawings and technical specifications, general and supplementary
conditions, bid forms, invitations to bid, instructions to bidders, with technical criteria,
descriptions and design data necessary for permitting by governmental authorities, and
shall include any further adjustments in the scope or quality of the project or in the
construction budget authorized by the City.
2. The CONSULTANT shall, in the preparation of construction documents, technical
criteria, written descriptions and design data, take into account all currently prevailing
codes and regulations governing construction in the City of Delray Beach, Florida, and
shall meet the requirements of all other agencies or governmental authorities having
jurisdiction over the project.
3. The CONSULTANT shall prepare a detailed opinion of probable cost in accordance
with paragraph I.C, which shall be reviewed by the CITY prior to going out for bids.
4. The CONSULTANT shall provide the required documents and attend meetings as
necessary, for the approval of governmental boards, agencies or authorities having
jurisdiction over the project.
5. The CONSULTANT shall use bid documents provided by the CITY including bidding
forms, conditions of the contract, and form of AGREEMENT between the CITY and
CONTRACTOR.
6. The CONSULTANT shall prepare all documents including design and plan revisions
required for the approval of governmental authorities having jurisdiction over the
project. Said approvals are required prior to the public notice for the Invitation to Bid
and submission of applications, therefore are the responsibility of the CONSULTANT.
7. The CONSULTANT shall provide the CITY the number of copies of contract
documents as specified in the service authorization.
D. Phase IV - Bidding/Negotiation Phase.
If the bidding phase is authorized, the following requirements shall apply:
1. The CONSULTANT shall assist the CITY in obtaining the bids or negotiated
proposals, assist in awarding and preparing contracts for construction, attend pre-bid
conferences, prepare addenda, provide written recommendation of award, assist in the
compilation/preparation of contract documents, and after the award assist the CITY in
securing the required bonds and certificates of insurance, and in the review of the
contract documents for completeness.
2. The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and
assist the CITY in evaluating Bids or proposals and in assembling and awarding
contracts for construction, materials, equipment and services.
3. The CONSULTANT shall issue addenda as appropriate to interpret, clarify or expand
the Bidding Documents.
4. The CONSULTANT shall consult with and advise the CITY as to the acceptability of
subcontractors, suppliers and other persons and organizations proposed by the prime
contractor(s) (herein called CONTRACTOR(S) for those portions of the work as to
which such acceptability is required by the Bidding Documents.
5. Consult with the CITY concerning and determine the acceptability of substitute
materials and equipment prior to the award of contracts is allowed by the Bidding
Documents.
E. Phase V - Construction Phase
If Contract Administration is authorized, the following requirements shall apply:
1. The CONSULTANT shall provide administration of the contract for construction as
set forth herein and as contained within the general conditions of the contract for
construction.
2. The CONSULTANT shall be a representative of and shall advise and consult with the
CITY during construction and until final payment to the contractor is due. The
CONSULTANT shall have authority to act on behalf of the CITY only to the extent
provided in this AGREEMENT and as provided in the contract for construction unless
otherwise modified by written instrument.
3. The CONSULTANT shall visit the site at regular intervals appropriate to the stage of
construction or as otherwise agreed to by the CITY and the CONSULTANT, in
writing, to become generally familiar with the progress and quality of the work
completed and shall determine in general if the work is being performed in a manner
indicating that the work when completed will be in accordance with the contract
documents. The CONSULTANT shall be required to make on-site observations to
review the work. The CONSULTANT shall keep the CITY informed of the progress
and quality of the work and shall provide certification to the CITY of satisfactory
completion of all phases of the work in compliance with the plans, specifications
thereto.
4. The CONSULTANT shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures of
construction or for safety precautions and programs in connection with the work, since
these are solely the CONTRACTOR'S responsibility under the contract for
construction. The CONSULTANT shall make every reasonable effort to ensure that
the CONTRACTOR completes the work in accordance with the current approved
schedule and carries out the work in accordance with the Contract documents.
5. The CONSULTANT based on observations and evaluations of CONTRACTOR'S
applications for payment shall review and certify the amounts due the
CONTRACTOR.
6. The CONSULTANT'S certification for payment shall constitute a representation to the
CITY, based on the CONSULTANT'S observations at the site as provided herein and
on the data comprising the CONTRACTOR'S application for payment, that the work
has progressed to the point indicated and that, to the best of the CONSULTANT'S
knowledge, information, and belief, the quality and quantity of the work is the
accordance with the contract documents. The foregoing representations are subject to
an evaluation of the work for conformance with the contract documents upon
substantial completion, to results of subsequent tests and inspections, to minor
deviations from the contract documents, correctable prior to completion and to specific
qualifications expressed by the CONSULTANT. The issuance of the certificate of
payment shall further constitute a representation that the CONSULTANT has made
observations to review the quality or quantity of the work.
7. The CONSULTANT shall recommend disapproval or rejection of CONTRACTOR'S
work to the CITY, which does not conform to the contract documents. The
CONSULTANT will have authority to require additional inspection or testing of the
work in accordance with the provisions of the contract documents, whether or not
work is fabricated, installed or completed.
8. The CONSULTANT shall review and approve or take other appropriate action upon
CONTRACTOR'S submittals, such as shop drawings, product data, and samples for
the purpose of checking for conformance with information given and the design
concept expressed in the contract documents. The CONSULTANT shall evaluate and
determine the acceptability of substitute materials and equipment proposed by
CONTRACTORS.
9. The CONSULTANT shall prepare change orders and construction change directives
with supporting documentation and data if deemed necessary bye the CONSULTANT,
for the CITY'S approval and execution in accordance with the contract documents,
and may authorized minor changes in the work not involving an adjustment in the
contract time, which is consistent with the intent of the contract documents.
10. The CONSULTANT shall conduct inspections to determine the date or dates of
substantial completion and the date of final completion, shall receive and forward to
the CITY for the CITY'S review and records, written warranties and related
documents required by the contract documents and assembled by the CONTRACTOR
and shall issue a final certificate for payment upon compliance with the requirements
of the contract documents.
11. The CONSULTANT shall interpret matters concerning performance of the CITY and
CONTRACTOR under the requirements of the contract documents on written request
of either the CITY or CONTRACTOR. The CONSULTANT'S response to such
requests shall be made with reasonable promptness and within any time limits agreed
upon.
12. Interpretations of the CONSULTANT shall be consistent with the intent of and
reasonably inferable from the contract documents and shall be in writing or in the form
of drawings. When making such interpretations, the CONSULTANT shall endeavor
to secure faithful performance by both the CITY and the CONTRACTOR.
13. The CITY shall be the final arbiter on matters relating to aesthetics.
14. The CONSULTANT shall render written interpretations within a reasonable time on
all internal disputes between the CITY and CONTRACTOR relating to the execution
of the progress of the work as provided in the contract documents.
15. The CONSULTANT"S interpretations on internal disputes are not binding on the
CITY and CONTRACTOR relating to the execution of the progress of the work as
provided in the contract documents.
16. The CONSULTANT shall provide the number of sets of the construction documents to
the CONTRACTOR as specified in the SERVICE AUTHORIZATION.
17. Upon completion of construction the CONSULTANT shall provide to the CITY, three
sets of record drawings, signed and sealed, plus one set of mylars incorporating as
built conditions and other data furnished by contractor(s) to CONSULTANT.
18. In company with the City, the CONSULTANT shall visit the Project to observe any
apparent defects In the completed construction, assist the CITY in consultations and
discussions with CONTRACTOR(S) concerning correction of such deficiencies, and
make recommendations as to replacement or correction of defection work.
F. Phase VI - Resident Project Representative Services Phase
If the Resident Project Representative Services Phase is authorized the following requirements shall
apply:
A. A Resident Project Representative will be assigned to assist CONSULTANT in carrying out his
responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent
at site, will act as directed by and under the supervision of CONSULTANT, and will confer with
CONSULTANT regarding Resident Representative's actions. Resident Representative's dealing
in matters pertaining to the on-site work shall in general be with CONSULTANT and
CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's
dealings with subcontractors shall only be through or with the full knowledge and approval of
CONTRACTOR. Resident Project Representative shall generally communicate with the CITY
with the knowledge of and under the direction of CONSULTANT.
B. Resident Project Representative shall where applicable:
1. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values
prepared by CONTRACTOR and consult with CONSULTANT concerning its general
acceptability.
2. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress
meetings, job conferences and other project-related meetings, and prepare and circulate
copies of minutes thereof.
3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in
serving as the City's liaison with CONTRACTOR, when CONTRACTOR'S operations
affect the CITY'S on-site operations.
4. Assist in obtaining from the CITY additional details or information, when required for proper
execution of the Work.
5. Record date of receipt of Shop Drawings and samples.
6. Receive samples, which are furnished at the site by CONTRACTOR, and notify the
CONSULTANT of availability of samples for examination.
7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work
requiring a Shop Drawing, if the submittal has not been approved by the CONSULTANT.
8. Conduct on-site observations of the Work in progress to assist the CONSULTANT in
determining if the Work is, in general, proceeding in accordance with the Contract
Documents.
9. Report to the CONSULTANT whenever Residential Project Representative believes that any
Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents;
or has been damaged, or does not meet the requirements of any inspection, test or approval
required to be made. Advise the CONSULTANT of Work that Resident Project
Representative believes should be uncovered for observation, or requires special testing,
inspection or approval. Nothing herein shall relieve the CONTRACTOR or the
CONSULTANT from the duties imposed by the contract.
10. Verify that tests, equipment and systems startups, and operating and maintenance training are
conducted in the presence of appropriate personnel, and that CONTRACTOR maintains
adequate records thereof; and observe, record and report to the CONSULTANT appropriate
details relative to the test procedures and startups.
11. Accompany visiting inspectors representing public or other agencies having jurisdiction over
the Project, record the results of these inspections and report to the CONSULTANT.
12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents
are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the
CONSULTANT.
13. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or
Specifications and report with Resident Project Representative's recommendations to the
CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT,
14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop
Drawings and samples, reproductions of original Contract Documents, including all Work
Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued
subsequent to the execution of the Contract, CONSULTANT'S clarifications and
interpretations of the Contract Documents, progress reports, and other Project related
documents
15. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather
conditions, data relative to questions of Work Directive Changes, Change Orders or changed
conditions, list of job site visitors, daily activities, decisions, observations in general, and
specific observations in more detail as in the case of observing test procedures; and send
copies to the CONSULTANT.
16. Record all names, addresses and telephone numbers of the CONTRACTOR, all
subcontractors and major suppliers of material and equipment.
17. Furnish the CONSULTANT periodic reports as required of progress of the Work of the
CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing
and sample submittals.
18. Consult with the CONSULTANT in advance of schedule major tests, inspections or start of
important phases of the Work.
19. Draft proposed Change Orders and Work Directive Changes, obtaining backup materials
from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work
Directive Changes, and Field Orders.
20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any
accident.
21. Review applications for payment with CONTRACTOR for compliance with the established
procedure for their submission and forward with recommendations to the CONSULTANT
noting particularly the relationship of the payment requested to the schedule of values, Work
completed and materials and equipment delivered at the site, but not incorporated in the
Work.
22. During the course of the work, verify that certificates, maintenance and operation manuals
and other data required to be assembled and furnished by CONTRACTOR are applicable to
the items actually installed and in accordance with the Contract Documents, and have this
material delivered to the CONSULTANT for review and forwarding to CITY prior to final
payment for the Work.
23. Before the CONSULTANT issues a Certificate of Substantial Completion, submit to
CONTRACTOR a list of observed items requiring completion or correction.
24. Conduct final inspection in the company of the CONSULTANT, the CITY and the
CONTRACTOR and prepare a final list of items to be completed or corrected.
25. Observe that all items on final list have been completed or corrected and make
recommendations to the CONSULTANT concerning acceptance.
C. The Resident Project Representative shall not:
1. Authorize any deviation from the Contract Documents or substitution of materials or
equipment.
2. Exceed limitations of the CONSULTANT'S authority as set forth in the Contract
Documents.
3. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or
CONTRACTOR'S superintendent.
4. Advise on, issue directions regarding or assume control over any aspect of the means,
methods, techniques, sequences or procedures of construction unless such advice or
directions are specifically required by the Contract Documents.
5. Advise on, issue directions regarding or assume control over safety precautions and
programs in connection with the Work.
6. Accept Shop Drawing or sample submittals, from anyone other than CONTRACTOR.
7. Authorize the CITY to occupy the Project in whole or in part.
8. Participate in specialized field or laboratory tests or inspections conducted by others except
as specifically authorized by the CONSULTANT
Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date Date
By:
Mayor (Seal)
Witness
Witness
Attest: Attest:
BEFORE ME, the foregoing instrument, this
day of ,199 , was
acknowledged by on behalf of the
Approved as to Legal Corporation and said person executed the same free and
Sufficiency and Form voluntarily for the purpose there-in expressed.
Witness my hand and seal in the County and State aforesaid
this day of ,199
Notary Public
State of Florida
My Commission Expires:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~'H - REGULAR MEETING OF JULY 6, 1999
FINAL PAYMENT/FARMER & IRWIN CORPORATION (POLICE
DEPARTMENT AIR CONDITIONING UNITS)
DATE: JUNE 30, 1999
This is before the Commission to approve final payment in the
amount of $3,468.00 to Farmer & Irwin Corporation for completion
of the replacement of seven roof top and roof mounted air
conditioning units at Police Department headquarters. The
project is complete and all warranty documentation received.
The contract for this work was awarded to Farmer & Irwin on
January 19, 1999 in the total amount of $69,361.00. The project
consisted of changing out seven individual units on seven
respective weekends.
Funding is available from 334-6111-519-63.21 (General
Construction Fund/Police A/C Chiller System).
Recommend approval of final payment in the amount of $3,468.00 to
Farmer & Irwin Corporation.
Ref:Agmemoll. PDChillerSystem
Agenda Item No. ~"r
AGENDA REQUEST
Date: June 29, 1999
Request to be placed on:
X Regular Agenda
~ Special Agenda
~ Workshop Agenda When: July 6, 1999
Description of item (who, what, where, how much): Staff requests the City Commission
approve a final payment in the amount of $3,468.00 to the construction contract with Farmer and
Irwin Corporation for the replacement of seven rooftop air conditioning units at the Police
Department. Funding is available from the General Construction Fund / Police NC Chiller System,
account No. 334-6111-519-63.21.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the City Commission approve Final Payment to the
construction contract with Farmer and Irwin Corporation/for) the replacement of the rooftop air
conditioning units at the Polic(y'l~art~ // /
Department head signature: _ ~ - Z~- (~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable)~
Budget Director Review (r~i~d on all items involving expenditure of funds):
Funding available(,.yES~lO
Funding alternatives~(it' appii~-'~l~.'
Account No. & Description 334-6111-519-63.21; Gen. Cnstrctn Fund/Police NC Chiller
Account Balance .,~/~ ~'7. ~2 ~ -~),3. ~' ~//',;2¢/~'~'
City Manager Review:
ApprovedHold Until:f°r agenda: ~/NO ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved -.,
s:\..,\gs048~agreq07069g
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Victor Majtenyi/~' F
Assistant Construction Manager
Date: June 29, 1999
Subject: AGENDA REQUEST for 07106199
Police Depart. Rooftop NC Units Replacements; Final Payment
Project No. 98-048
Attached is an Agenda Request for City Commission to approve a final payment in the amount of
$3,468.00 to Farmer & Irwin Corporation for the completion of the Rooftop Air Conditioning Unit
Replacements at the Police Department. The project consisted of replacing seven individual units
on seven respective weekends. The contract award for this work was in the amount $69,361.00.
The project is complete and all warranty documentation received. Staff recommends the City
Commission approve final payment in the amount of $3,468.00 to Farmer & Irwin Corporation
for the completion of the Police Department Rooftop AIC Unit Replacements project.
Funding is available from account 334-6111-519-63.21, General Construction Fund/Police Chiller
NC System.
cc: David Junghans; Director Administrative Services, P.D.
Richard Hasko; Director, E.S.D.
Howard Wight; Deputy Director of Construction, E.S.D.
File 98-048 (A)
s\...\98048~agmem070699
MEMORANDUM
TO: David Harden - City Manager
FROM: Lula Butler - Director, Community Improvement
SUBJECT: Interlocal Agreement with Palm Beach County
Regarding Unlicensed Contractors
DATE: June 11, 1999
ITEM BEFORE THE COMMISSION:
Consideration of approving the inteflocal agreement between the City of Delray Beach
and Palm Beach County to participate under the County's Ordinance 97-56, which
provides for the regulation of contractors and construction activities. The agreement
authorizes the County to enforce the ordinance within our municipal boundaries.
BACKGROUND:
Palm Beach County submitted to the City an agreement, which is in compliance with
Section 163.01 of the Florida State Statutes, which allows public agencies, as defined, to
enter into such interlocal agreements. The terms of the agreement have been reviewed by
the City Attorney's office and all questions and concerns have been addressed. This
particular ordinance allows the County to regulate unlicensed construction activity.
Therefore, this item is being submitted for City Commission consideration. The
memorandum from the City Attorney's office is attached for your reference.
RECOMMENDATION:
We would recommend City Commission approval of the agreement as submitted.
LB:DQ
Attachments
agreemnt.699cc
Date: June 11, 1999 Agenda Item No. °~' --~''
AGENDA REQUEST
Agenda request to be placed on:
__X Regular __ Special __ Workshop __ Consent
When: June 15,1999
Description of Agenda Item:
Interlocal Agreement Between Palm Beach County and City of Delray Beach
Regarding Unlicensed Contractors
Ordinance/Resolution Required: Yes/~..~ Draft Attached: Yes / No
Recommendation: Approval
Department Head Signamr~~~
City Attomey Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~/No ~/7~~/<~
Hold Until: '
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
[ITY OF DELRI1¥ BEI:I[H
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
I{ i],~~llll! DATE: June 2, 1999
TO: Lula Butler, Dir. of Community Improvement
FROM: Jay T. Jambeck, Assistant City Attorney~[
SUBJECT: Interlocal agreemem with County re: unlicensed contractors.
Per our telephone conversation last week in which you indicated that the City
does not wish to exercise the authority to issue citations under the interlocal agreement
with the County, I have inquired into the procedures necessary to enter into the
agreement. The County Attorney's office indicated that the City Commission should
first approve the agreement. Once that occurs, three copies of the agreement should be
executed. Those copies should be sent to the Director of Contractor Certification for
execution by the County. The City will then receive an original copy for its files after
the County has executed the agreement.
Please go ahead and have the item placed on the Commission agenda. Also,
please send over a version of the agreemem that has not been photocopied. Once the
agreemem is approved, I will see that it is executed and sent to the County for execution.
I will also assure that the City receives an original copy for its files.
Do not hesitate to contact me if you should have any questions.
cc: David T. Harden, City Manager
Susan Ruby, City Attorney
Jerry Sanzone, Chief Building Official
r-'IEC EIVEb
JUN-~ 1999 j
' I"l Ut IIk!leTq ~TIPI ~' '
INTERLOCAL AGREEMENT
This Interlocal Agreement is made the day of , 199 ,
between the City of , a municipality located in Palm Beach, Florida
(hereinafter "CITY") and Palm Beach County, a political subdivision of the State of Florida,
(hereinafter "COUNTY"), each one constituting a public agency as defined in Part I of Chapter 163,
Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
Act of 1969" authorizes local governments to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
provide services and facilities that will harmonize geographic, economic, population and other
factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined
therein to enter into interlocal agreements with each other to jointly exercise any power, privilege,
or authority which such agencies share in common and which each might exercise separately; and
WHEREAS, the Palm Beach County Board of County Commissioners adopted Ordinance
97-56 which provides for the regulation of contractors and construction activity; and
WHEREAS, Section 7 of Ordinance 97-56, codified at Chapter 7, Article H of the Palm
Beach County Code of Laws and Ordinances, provides that the Ordinance applies in the
unincorporated areas of Palm Beach County and that municipalities may authorize the enforcement
of the Ordinance within municipal boundaries; and
WHEREAS, the CITY desires to authorize the enforcement by Palm Beach County of the
provisions of Ordinance 97-56 within the municipality; and
WHEREAS, by Resolution No. 98- , the Palm Beach County Board of County
Commissioners granted the authority to the County Administrator or designee to execute a standard
t'orm of [nterlocal Agreement between municipalities and Palm Beach County, which Interlocal
Agreement provides for the enforcement of Ordinance 97-56 within municipalities.
NOW TI-IEREFORE, in consideration of the mutual representations, terms, and covenants
hereinafter set forth, the parties hereby agree as follows:
Section 1. Purpo.s.e.
The purpose of this Agreement is to allow the Palm Beach County Contractor Certification
Division to enforce the provisions of Ordinance 97-56, codified in Chapter 7, Article II of the Palm
Beach County Code of Laws and Ordinances, as may be amended from 'iim¢ to time, within the
CITY.
Section 2. Definitions
The definitions set forth in Ordinance 97-56 (attached hereto as Exhibit "A" and incorporated
herein by reference) shall apply to this Agreement.
"Agreement"means this Interlocal Agreement, including any amendments or supplements
hereto, executed and delivered in accordance with the terms hereof.
Section 3. Representative/Monitoring Position
The COUNTY'S representative during the term of this Agreement shall be the Director of
Contractor Certification, 100 Australian Avenue, West Palm Beach 33406, whose telephone number
is (561) 233-5525. The CITY'S representative during the term of this Agreement shall be
, whose telephone number is (561)
Section 4. Effective Date/Term
This Agreement shall take effect upon execution. The term of this agreement shall be in
effect until terminated by either party as provided herein.
Section 5. Responsibilities and Duties
CITY agrees to assist and support the County in enforcement of the provisions of Ordinance 97-56.
COUNTY agrees to enforce the provisions of Ordinance 97-56 within the CITY. Such chloe'cement
includes, but is not limited to, issuance of citations against persons who engage in construction
activity that requires licensure, as more fully set forth in Section 3 of Ordinance 97-56 ("Issuance
of Citation, Administrative Hearing and Penalties"), issuance of citations against locally licensed
contractors who engage in activity prohibited by Ordinance 97-56; conduct of hearings before the
Palm Beach County Construction Industry Licensing Board or Special Master, and issuance of Cease
and Desist Orders to prohibit any person from engaging in the business of contracting who does not
hold the required certification or registration for the work being performed.
Section 6. Termination
This Agreement may be terminated by either party to this Agreement upon written notice to
the other party.
Section 7. Enforcement Costs :
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement
of the terms and/or conditions of this Agreement shall be borne by the respective parties, provided,
however, that this clause pertains only to the parties to this Agreement. :
Section 8. Notice
All notices required to be given under this Agreement shall be deemed sufficient to each
3
party when delivered by United States Mail to the following:
COUNTY CITY
Director, Contractor Certification
100 Australian Avenue
West Palm Beach, FL 33406
Section 9. Filing
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm
Beach County.
Section 10, Liability,
The parties to this Agreement and their respective officers and e:mployees shall not be
deemed to assume any liability for the acts, omissions, and negligence of the other party. Further,
nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to
Section 768.28, Florida Statutes.
Section 11. Amendments
This Agreement may be amended only upon written consent of all the parties hereto. The
Palm Beach County Board of County Commissioners must approve of such amendment by
Resolution or similar action of the Board of County Commissioners.
Section 12. Remedies
This Agreement shall be construed by and governed by the laws of the State of Florida. Any
and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No
remedy herein conferred upon any party is intended to be exclusive of any ether remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
4
partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
Section 13. Time of the Essence
The parties expressly agree that time is of the essence in this Agreement and the failure by
a party to complete performance within the time specified, or within a reasonable time if no time is
specified herein, shall, at the option of the other party without liability, in addition to any other fights .
or remedies, relieve the other party of any obligation to accept such performance.
Section 14; Equal 0ppgrtu.njty Provision
The COUNTY and the crrY agree that no person shall, on the grounds of race, color, sex,
national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from
the benefits of, or be subjected to any form of discrimination under any activity carried out by the
peffo, rmance of this Agreement.
Section 15. Captions
The captions and section designations herein set forth are for convenience only and shall have
no substantive meaning.
Section 16. Severabilitv
In the event that any section, paragraph, sentence, clause, or provision hereof be held by a
court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this
Agreement and the same shall remain in full force and effect.
S.ection 17.. En. t.irety of Agreement
This Agreement represents the entire understanding between the parties, and supersedes all
other negotiations, representations, or agreement, either written or oral, relating to this Agreement.
ATTEST: COUNTY ADMll'4ISTRATOR
Dorothy H. Wilken
By:
Deputy Clerk
(SEAL)
WITNESSES:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:~
County Attorney
ATTHST: CITY OF
PALM BEACH COLrNTY
By:.
(Name and Title)
WITNESSES: ..
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
O:~:OM MON~TT'~W PDATA~.NV IRq..~ F=B B ER%B EC K'Y%CONT.C ER%INTE RLOC.AG R
[lTV OF DELRI:IY BEI:I[H
CITY ATTORNEY'S OFFICE ~°° '~TM^v~,,~,. ,~,~,~,,^¥ ,,~^~,, ,~,~o,,,~,^ ~.4
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
Ali. America City
MEMORANDUM
1993
TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Off-Site Parking Agreement - LS&R Investments
Attached please find a proposed off-site parking agreement between LS&R Investments,
Wal-Mart and the City. LS&R Investments is a parmership of doctors that practice as
Delray Eye Associates. They own a free standing medical building adjoining and in
front of the Wal-Mart store at 16201 South Military Trail. Delray Eye Associates wishes
to make an addition to their building, but they do not have enough space for additional
parking.
Wal-Mart has surplus parking spaces and has agreed to grant Delray Eye Associates the
exclusive right to use 20 existing parking spaces on their property. Wal-Mart has also
agreed to grant Delray Eye Associates a non-exclusive access easement across its
driveways and walkways to allow customers of Delray Eye Associates access to the 20
parking spaces.
By copy of this memo to David Harden, our Office requests that this item be placed on
the July 6, 1999 Commission agenda. Please call if you have any questions.
Attachment
cc: David Harden, City Manager
Alison MacGregor Harry, City Clerk
ACCESS EASEMENT AND OFF-SITE
PARKING AGREEMENT
THIS ACCESS AGREEMENT is entered into as of the day of
, 1999, by and between WAL-MART STORES, INC., a
Delaware corporation, whose address is 702 S. W. 8th Street,
Bentonville, Arkansas, 72716, with notices sent to 2001 S. E. 10th
Street, Realty Management Division #9384, Bentonville, Arkansas,
72712-6489 ("WAL-MART"); and LS&R INVESTMENTS, also known as,
LSRaK INVESTMENTS, a Florida General Partnership ("GRANTEE"), whose
address is 16201 South Military Trail, Delray Beach, Florida,
33484, and the CITY OF DELRAY BEACH, a Florida municipal
corporation, whose address is 100 N. W. First Avenue, Delray Beach,
Florida, 33444 ("CITY").
WI TNES SETH=
WHEREAS, WAL-MART is the owner of that certain tract or parcel
of land situated in the City of Delray Beach, County of Palm Beach,
State of Florida, identified as Tract 1 on the site plan attached
hereto as Exhibit "A" and more fully described on Exhibit "B"
("Tract 1"); and
WHEREAS, GRANTEE is the owner of that certain tract or parcel
of land in the same city, county and state, which tract lies
adjacent to Tract 1 and is identified as Tract 2 on Exhibit "C" and
more fully described on Exhibit "D" ("Tract 2"); and
WHEREAS, GRANTEE has requested from WAL-MART, and WAL-MART is
desirous of granting to GRANTEE, the exclusive right to use twenty
(20) existing parking spaces on Tract 1, which twenty (20) parking
99-15\sgr.cLi~eL-~e.agr\~-16-99 --1--
spaces are graphically depicted on Exhibit "E" attached hereto,
together with a non-exclusive easement for pedestrian and vehicular
ingress and egress over and across the driveway and walkways on
Tract 1 for purposes of ingress and egress to the twenty (20)
parking spaces and to Tract 2;
WHeReAS, Section 4.6.9 (E) (4) and (5) of the CITY's Land
Development Regulations require the execution of this written
agreement in order for ~P~NTEE's use of the twenty (20) off its
site to be ~.ermitted; and
NOW, T~IEREFORE, in consideration of the sum of ONE DOLLAR
($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, WAL-MART does hereby
grant to GRANTEE, the exclusive use of the twenty (20) parking
spaces on Tract 1 depicted on Exhibit "E" for use of its tenant(s)
and customers, licensees and invitees, together with a non-
exclusive easement for vehicular and pedestrian ingress and egress
over and across the driveways and walkways of Tract 1 for the
purpose of access to and from the twenty (20) parking spaces and
Tract 2, subject to the following terms and conditions to which the
parties hereto do hereby agree:
1. Use of Inqress and Egress. The rights granted hereby are
limited to, gRANTEE and its tenants and their respective
customers, licensees, invitees and employees associated
with the business operation located or to be located on
Tract 2. Only passenger vehicles and light trucks and
pedestrian traffic associated with Tract 2 may use the
99-15\agr.c[J\de[-eye.agr\2-16-g9 --2--
twenty (20) parking spaces and rights of ingress and
egress granted hereby, but nothing herein shall be
construed to limit or restrict ingress or egress on the
driveways or walkways associated with Tract 1 or any part
of said driveways or walkways. ~RANTEE covenants that as
long as WAL-MART, or any affiliate of WAL-MART is the
user of Tract 1, either as owner or lessee, no space in
or portion of Tract 2 shall be leased or occupied or
conveyed to any other party for use as a discount
department store without the prior written consent of
WAL-MART which shall not be unreasonably withheld.
2. Maintenance.
(a) ~RANTEE shall be responsible for maintaining the
twenty (20) parking spaces in a neat, clean, smooth
and usable condition.
(b) In the event ~RANTEE fails to maintain or repair
twenty (20) parking spaces, WAL-MART may do so,
provided WAL-MART uses like or similar quality and
type of materials originally installed, and invoice
~RANTEE for WAL-MART's cost incurred restoring the
damaged Area, whereupon ~RANTEE agrees to reimburse
WAL-MART within thirty (30) days or on receipt of
the invoice. If ~RANTEE fails to reimburse WAL-
MART within said thirty (30) day period, WAL-MART
has the option to terminate this agreement
immediately with no further obligations or
99-15\agr.c[~\de[-eye.~gr\~-16-99 --3 --
liabilities on the part of WAL-MART. However, WAL-
MART may pursue any legal remedies or alternatives
to collect any outstanding reimbursements related
to this agreement. GRANTEE shall be responsible at
its sole cost and expense to place and maintain a
"STOP SIGN" at the curb-cut connecting Tract i and
the vehicular entrance to Tract 2 at the South side
of Tract 2. The "STOP SIGN" shall be placed to
stop the traffic exiting Tract 2 and entering the
Tract i parking lot or driveway.
3. Damage to Access Area, or Other Improvements. If, in the
process of developing Tract 2, GRANTEE damages, breaks,
destroys, or in any way impairs Tract 1, or any other
improvements of WAL-MART, WAL-MART in its sole
discretion, may require GRANTEE to either: (i) restore
at GRANTEE's sole cost and expense the twenty (20)
parking spaces, or WAL-MART's improvements to its
original quality and condition; or (ii) WAL-MART may
restore the twenty (20) parking spaces, or improvements
and invoice GRANTEE for WAL-MART's costs incurred
restoring the damaged Area, or improvements, whereupon
GRANTEE agrees to reimburse WAL-MART within thirty (30)
days of receipt of an invoice for such expenses.
4. Indemnification. GRANTEE shall indemnify, defend and
hold harmless WAL-MART and the CITY from any damages or
liability to persons or property that might arise at any
99-15\agr. c t i \der- eye. agr\2-16-99 --4 --
time during the operation, or maintenance of the twenty
(20) parking spaces or from the use of the ingress and
egress granted to GRANTEE, its customers, suppliers,
employees, and tenants or anyone else using the twenty
(20) parking spaces or ingress and egress to and from
Tract 2. GRA~TE~ further agrees that ~T~ will at all
times during the duration of this easement maintain and
pay for comprehensive general liability insurance
affording protection to WAL-MART, the CITY and ~RA~TEE
shall name WAL-MART and the CITY as additional Insureds
on the policy or policies for a combined bodily injury
and property damage limit of liability not less than
$2,000,000.00 for each occurrence. ~R~NTEE further
agrees, upon request to deliver to WAL-MART a certificate
or certificates from an insurance company or insurance
companies satisfactory to WAL-MART evidencing the
existence of such insurance and naming WAL-MART as an
additional insured.
5. Curb Cuts. ~RkNTEE shall be entitled to install no more
than the curb cuts as shown on Exhibit "E" between Tract
2 and Tract 1.
6. Relocation. WAL-MART reserves the right to modify or
relocate the twenty (20) parking spaces and ingress and
egress provided such modification or relocation does not
eliminate the twenty (20) parking spaces from the
vicinity of their current locations and does not
~-15\agr.cLi\det-eye.agr\2-16-99 --5--
materially restrict or prevent ingress and egress to and
from Tract 2.
7. Public Grant. Nothing contained herein shall be used or
construed as a grant of any rights of use or entry to any
public or governmental authority or agency.
8. Duration. The agreements contained herein and the rights
granted hereby shall run with the titles to Tract 2, the
twenty (20) parking spaces and ingress or egress
driveways on Tract 1, and shall bind and inure to the
benefit of the parties hereto and their respective heirs,
successors and assigns.
9. .Change of Ownership. In the event aR~NTEE conveys or
transfers title to Tract 2 to another party, WAL-MART
shall be notified thereof within thirty (30) days
thereafter. WAL-MART shall be provided the name and
address of such transferee. The parties, specifically
agree that this Agreement may be assigned (or subleased)
to an affiliate, subsidiary or related entity of WAL-MART
STORES, INC. without consent or notice.
10. ThLs Agreement shall be recorded, the expense of
recording shall be borne by aRANTEE. Any amendment to
this Agreement shall be recorded at ~RANTEE's expense.
11. In the event this Agreement shall be terminated, it is
agreed that ~RANTEE's twenty (20) parking spaces must be
provided elsewhere by ~R~NTEE in accordance with the
CITY's then current regulation pertaining to parking or
99-15 \ag r. c [ i \de L - eye. ag r\2-16- 99 - 6 -
G~LNTEE shall compensate for the loss of parking either
by payment of CITY's then applicable in lieu parking fee
(if any) or by otherwise causing Tract 2 to comply with
the current CITY Codes, regulations and requirements,
subject to CITY approval.
12. This Agreement may be enforced by any of the parties
hereto, including, but not limited to the City.
13. The city, by entering into this Agreement, has no
obligation to provide maintenance, nor does the City
accept any liability associated with the use of the
parking lots whatsoever. The City's interest is solely
to assure its code of ordinances regarding the number of
required spaces is met.
14. ~eadinqs. The headings of the paragraphs contained
herein are intended for reference purposes only and shall
not be used to interpret the agreements contained herein
or the rights granted hereby.
15. Entire Agreement. This Access Easement and Off,Site
Parking Agreement and the Exhibits attached hereto and
forming a part hereof set forth all the covenants,
promises, agreements, conditions or understandings either
oral or written between the parties hereto. No
alterations, amendments, changes or additions hereto
shall be binding upon the parties hereto, unless reduced
to writing and signed by the party bound thereby.
IN WITNESS WHEREOF, the parties hereto have executed this
99-15\agr.c[J\de[-eye.agr\2-16-99 -7-
instrument as of the day and year first above written.
WAL-MART STORES, INC.
a Delaware corporation
BY:
ATTEST:
Title:
Assistant Secretary
LS&R INVESTMENTS, also known
as, LSR&K INVESTMENTS,
a Florida gen~eral par}heirship
CORPO~TE AC~OWLEDOMENT
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
, as of
WAL-~RT STORES, IN~., a Delaware corporation, who is personally
known to me and/or who produced a , as
identification, and who affixed the seal of the corporation on the
foregoing instrument and acknowledged that did so for the
purposes expressed therein on behalf of the corporation.
WIT~ESS my hand and official seal this day of
, 1999 .
NOTARY PUBLIC/STATE OF
Print Name:
Commission #:
Commission Exp:
99 - 15 \ag r. c t i \de t - eye. ag r \2-16 - 99 -- 8 --
CORPOI~ATE ACKNOWLEDGMENT
STATE OF
COUNTY OF ~~
BEFO~E ~E, the undersigned authority, personally appeared
~. ~&~ , as General Partner of LS&R
/~NVESTMENT/ &lsd known as, LSR&K INVESTMENTS, a Florida general
partnership, who is personally known to me and/or who produced a
, as i~entificati0n, and who executed the
foregoing instrument and acknowledged that he did so for the
purposes expressed therein on behalf of the Partnership.
ESS my hand and official seal this /o % day of
OT~%RY ~0BLI ST..
Commission #:
Commission
CITY OF DELR~Y BEACH, FLORIDA
BY:
its Mayor
ATTEST:
city Clerk
APPROVED AS TO FORM:
ity Attorney
99-15\agr.ct i \deL-~Te. agr\2-16-9~ -9-
EXtlIBIT 1]
DESCRIPTION
A PARCEL OF LAND SITUATED IN SECTION 26, TOWNSHIP 46 SOUTH, RANGE
42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE EAST THREE-QUARTERS (E %) OF THE SOUTH ONE-HALF (S ~) OF THE
NORTHEAST ONE-QUARTER (NE ¼) OF THE NORTHEAST ONE QUARTER (NE
%) OF SAID SECTION 26, LESS THE EAST 75.00 FEET THEREFROM.
TIlE ABOVE DESCRIBED PARCEL CONTAINS 14.2 ACRES MORE OR LESS.
EXIIIBIT D
DESCRIPTION
PARCEL B, PLAT OF WAL-MART CENTER, ACCORDING TO THE PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN
AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PLAT BOOK 66,
PAGE 41 AND 42, SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH
COUNTY, FLORIDA, SUBJECT TO TItE EASEMENTS, RESTRICTIONS,
ENCUMBRANCES AND OTHER MATTERS, IF ANY, OF RECORD.
[ITY OF DELRFIY BEFI[H
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
all.t~dea Cit,/ MEMORANDUM
,un ,,999
1993 TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attorne~
SUBJECT: Authority to file quiet title actions.
As you may be aware, pursuant to the City's agreement with Habitat for
Humanity, the City is obligated to transfer title to a number of properties to Habitat each
year. Some of these properties are obtained by the City through the County lands
available list. These properties are initially obtained by the County through a Tax Deed
as a result of nonpayment of taxes on a particular property. A number of these
properties (typically two or three per year) are then deeded to the City. However, title
insurance cannot be issued on these properties until a "Quite Title" action is filed and
the title is "Quieted"unto the City. Habitat will not accept these properties until the
quiet title action is filed by the City and favorably resolved.
Pursuant to State Statute, the City cannot refuse these properties from the County,
and quieting the title and transferring the properties to Habitat would save the City the
expense of maintaining these properties. In most cases, the quiet title proceedings will be
summary in nature.
This item is placed before you by Community Improvement and the City
Attorney's office in order to request approval to file quiet title actions on the properties
received each year from the County.
Do not hesitate to contact me if you shourd have any questions. Please place this
item on the agenda for the July 6, 1999 City Commission meeting.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Lula Butler, Director of Community Improvement
Mike Simon, Affordable Housing Administrator
CITY DF DELRflV BEACH
CITY ATTORNEY'S; OFFICE
TELEPHONE 407/243-7823 ° FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
Ali. America City
MEMORANDUM
~.~9:~ TO: City Commission
FROM: Catherine U. Kozol
Police Legal Advisor
DATE: June 30, 1999
SUBJECT: Auto Theft Task Force Agreement
The Auto Theft Task Force is a multi-agency operation that combines each
member of the agencies resources, jurisdictional authority, criminal intelligence
methods and cooperation of each agency to help lower the rate of stolen vehicles
in each of the jurisdictions. Each member of the task force is deputized by the
Palm Beach County Sheriff's Office to work cohesively with each law
enforcement agency within Palm Beach County. The benefits of the program are
far reaching in that each agency will be able to act as one unit and share
information that may be difficult to obtain by themselves.
The Sheriff's Office has provided the Auto Task Force Agreement depicting the
role and functions of the law enforcement agencies. Participation by agencies in
this Auto Theft Task Force includes the: Palm Beach County Sheriff's Office,
Boca Raton Police Department, Jupiter Police Department, Palm Beach Gardens
Police Department, West Palm Beach Police Department, State Attorney's
Office, Lake Worth Police Department, Riviera Police Department and the Florida
Highway Patrol.
This agreement is before the Commission for approval to allow Delray Beach
Police Department to participate in the Auto Theft Task Force program. Our
detectives are eager to work with the Auto Theft Task Force since the sharing of
information and interagency cooperation will greatly benefit our agency in helping
to stop auto theft.
PrJnted on Recycled Paper
Subject: Auto Theft Task Force Agreement
June 30, 1999
Page 2
Please place this item on the Consent Agenda for Tuesday, July 6, 1999 City
Commission meeting. Once the agreement has been approved, please return
the original to me so that I can send it to the Sheriff's Office for execution. If you
have any questions, please do not hesitate to contact me regarding this matter.
Ibg
c: City Clerk Alison MacGregor Harty
Detective Thomas Mitchell
Attachments
AGREEMENT
THIS AGREEMENT, made this day of ,1999, by and
between Robert W. Neunmm~ in his official capacity as the Sheriff of Palm Beach County, Florida
(hereimfler referred to as "SHERIFF") and the City of Delray Beach Police Department (''Member
Agency").
WITNESSETH
WHEREAS, hw enforcement agencies throughout the ration have found that auto thet~ and
rehted offenses have far-reaching costs to the public and involve all levels of criminal activity; and
WHEREAS, organi?ed criminals o/ten use the thei% of a car to fmam~ other crimiml activity
to use as a means of an untraceable getaway and to ship to foreign nations to make tremendous
profits and to further levels of their criminal enterprises; and
WHEREAS, communities saw astronomical increases in their auto the~ rates due to the
problem of auto theft being left unaddressed and;
WHEREAS, by combining resources, jurisdictional authority, criminal intelligence methods
and by targeting career auto thieves and organized exporters, hw enforcement agencies can
significantly lower the rate of stolen vehicles, increase arrests and prosecutions and recover a far
greater percentage of stolen cars then could he done without this cooperation.
NOW THEREFORE, for the consideration set forth below, the parties agree as follows:
1. This agreement will he for a period of one year commencing upon the date of execution of
thi.~ ~ unless either party provides thirty day written notice that the Agreemem w~l
not he extended.
2. The above named hw enforcement organizations will form a Public Law enforcement
Insurance Combating Auto Theft task force ("PLICAT") with a mission o~
1. Identifying career auto thef~ activity in Palm Beach County and throughout South
Florida, finding their locations, and exposing their criminal methods, and sim'ins thi~
3. PoolinE resources, jurisdiction and personnel to attack the crime on a county, state
and federal level;
4. Interrupting the flow of stolen and altered cars and car parts out of the country from
the Port of Palm Beach and other Florida Ports, in cooperation with U.S. Customs
agents;
5. Identifying fraudulent insurance chims for stolen cars and referring cases to the state
insurance liaud division;
6. "Hardening the target" for the auto thief by educating the public on all poss~le
prevention methods and assisting in auto theft prevention through the promotion of
known successful methods such as glass VIN etching, CAT programs, collar locks,
etc.
3. Each of the above named law enforcement agencies hereby approve and enter into this
agreement whereby each of the agencies continuously request and render assistance to the
other in thc form of assigned personnel and related equipment, and participate in the structure
ofthe effort as described in this Agreement. The assismnc, e includes, but is not limited to, the
enforcement of laws, recovery of stolen property, gathering and sharing of criminal
intelligence, arrest of violators, execution of all lawful process, and any other operation
support necessary to ensure success and continued operation of thl.q effort and its overall
ml.qsion.
4. PLICAT will consist of officers and supervisors from the agencies choosing to participate on
a full-time basis, along with part-time and ad-hoc participating officers and support personnel
commanders and hw enforcemem executives who will participate and lend support whenever
needed or as described below:
1. Executive Board: The Executive Board will consist of one member from each law
enforcement agency contributing full-time personnel and equipment to the effort.
This member shall be the agency chief executive or designee. This Board will meet
as often as desired or needed to address operation, budget or leadership issues of
PLICAT. Thc Executive Board will nominate and elect a chairperson, and operate
under professional rules or order to decide and issue orders and guidelines to the
below designated Command board and Enforcement Unit for the professional
operation of all aspects of PLICAT.
2. Command Board: The Command Board of PLICAT will consist of one conanand-
level officer or designated supervisor appointed by each full-tlme agency to oversee
the general workings and assignments of the unit, to solve operation or enforcement
problems, to resolve issues relating to equipment and fim(l~, and. to give overall
leaders, h',m and direction to the enforcement unit descn'bed below. ~The Command
Board will cormmmlcate with each other as often as lleoded to ell.sllre all issues are
being addressed in furtherance of the overall goal'of an` e~ ¢t~ient and
cooperative inter-agency law enforcement minion. "
2
3. Enfo .rce.ment Unit: The PLICAT Enforcement Unit will consist of a Unit
Supervisor agreed upon by the Executive Board and full or part-time supen4sors and
law enforcement officers of all cooperating agencies. The Unit Supervisor will ensure
that the goals, directives and guidelines in place and mutually understood are being
adhered to and that the unit is adequately funded, equipped and supervised in both
their daily and long-term operations. The superv~r will seek assistance and acaept
guidance from all authorized members of the Com~xi and Executive Board and any
disagreement or dispute will be sent to and be resolved by the membership of the
Executive Board.
5. The Sheriff of Palm Beach County, as empowered under Florida Law, will grant Special
Deputy status to any police officer operating under this Agreement. All personnel so
designated shall adhere to the hws and Sheriff's ~ guidelines in the perfonnatr~ ofpolice
duties outside of the scope of their formal jurisdiction- The Spec/al Deputy Status shall be
automatically revoked when the officer is no longer assigned to PLICAT.
6. As granted under applicable Florida law, federal law and federal agency guidelines, members
of PLICAT may be utilized in any way needed in the enforcement of the United States
Criminal Code when requested to do so and be given specific instructions and guidance by
authorized members of federal hw enforcement agencies.
7. The EnforCement Unit, through the Sheriff's Office Legal Advisor's Office, will initiate
forfeiture action whenever lawful and reasonable. The sharing of forfeiture assets shall he
through a method of equal division of cash and property and/or as agreed to before hand by
the Command Board or Executive Board and as determined on a case by case basis. The
decision to settle a forfeiture action will rest with the Sheriff's Office forfeiture unit. The
Sheriff's Office will be entitled to have its attorney fees, advertising fees, asset maintenance
fees and other costs reimlxtrsed prior to the division of the proceeds from the forfeited asset.
If forfeited property remains at the conclusion of PLICAT, such property will be auctioned
off with the proceeds being distn~ed amongst the agencies.
8. The agencies which are signatories to this Agreement are also governed by the Palm Beach
County Mutual Aid Pact, a copy which is attached hereto and incorporated herein as Extu'bit
"A'. Any conflict with Special Deputy Status and the Mutual Aid Agreement wfll be resolved
in favor of the Mutual Aid Agreement.
9. The above member agencies shall to the tidiest extent permitted by hw, and at its own cost
and expense, defend, indemnify alld hold harmless the SHERIFF;his agents, empk)yees,
appointees and designees, from and against any and aH clakus, loss ('including attorneys' fees,
witnesses' fees, and all court costs), damages, expense, and liability arising out of any
negligent act by the rne~ agency's employees, representatives, or agents in the fiflfillment
of this Agreement.
10. The signatory agencies agree to be responsible for furnishing their employees with all standard
police equipment necessary to fulfill the functions of this ~. The Sheriff~ provide
a work site unless otherwise agreed upon by the parties. The signatory agencies agree to
maintain at their expense, worker's compensation insurance, if applicable, to fully protect
both the agency and the SHERIFF ~om all claims for personal, injury or death arising from
its performance of this proposal. The agencies agree to be solely respons~le for all
compensation, overt/me, worker's compensation, insurance and other benefits of its
employees.
11. This Agreement is not assignable or tmmferrable unless agreed to in writing by the parties.
12. If any term or provision of this Agreement is found to be invalid or unenforceable, the
remainder ofthis Agreement shall not be affected and every other term and pwvision ofthls
Agreement shall be deemed valid and enforceable to the extent permitted by law.
13. This Agreement contains the entire agreement made between the parties and neither party is
relying upon any oral representations made by the other party except as set forth in this
Agreement. Any modification to this Agreement must be made in writing and signed by both
parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day
and year first above written.
W~maess Signature Sheriff; Palm Beach County
W'rmess Printed Name Date
W'~ness Signature Chief of Police - Delmy Beach Police
Witness Printed Name Date
4
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # Z~- REGULAR MEETING OF JULY 6, 1999
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JULY 2, 1999
Attached is the Report of Appealable Land Use Items for the
period June 14th through July 2, 1999. It informs the Commission
of the various land use actions taken by the designated boards
which may be appealed by the City Commission.
Recommend review of the appealable actions for the period
stated. Receive and file the report as appropriate.
Ref :Apagmemo/Appealables/7.6.99
· o: H^R. EE ,:
THRU: PAUL DORLING, .~:~TING DIRECTOR
P/L~N NING/~N/~ZONING DEPARTMENT
FROM: 7A~SS~ A~ANNER
SUBJECT: MEETING OF JULY 6, 1999*CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS JUNE 14, 1999
THRU JULY 2, 1999
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of June 14, 1999
through July 2, 1999.
This is the method of informing the City Commission of the land use actions,
taken by designated Boards, which may be appealed by the City Commission.
After this meeting, the appeal period shall expire (unless the 10 day minimum
has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also
provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
A. Approved on a 7 to 0 vote, the master plan modification to allow a reduction in
the required front yard setback for Lot 193 within the Hammock Reserve
Development, located on the south side of Linton Boulevard, east of Military
Trail.
No other appealable items were considered by the Board. The following items
which were considered by the Board will be forwarded to the City Commission for
action.
City Commission Documentation
Appealable Items Meeting of July 6, 1999
Page 2
[] Recommended approval (7 to 0), of an amendment to the Land Development
Regulations Section 4.4.13 Central Business District (CBD) zone district and
Section 4.4.28 Central Business District-Railroad Corridor (CBD-RC) zone
district in conjunction with the adopted Pineapple Grove Main Street Plan.
[] Recommended denial on a 5 to 2 vote (Bird and Eliopoulos dissenting), of an
amendment to the Land Development Regulations Section 4.4.13(G) and
4.6.9(E), dealing with parking requirements for restaurants in the Central
Business District (CBD) zone district.
[] Recommended approval (6 to 0, Morris abstaining), of an amendment to the
Land Development Regulations Section 4.4.13(G) and 4.6.9(C), dealing with
parking requirements for residential uses in the Central Business District
(CBD) zone district and for certain mixed use projects.
Recommended denial (4 to 3, Bird, McCarthy, Morris and Young voting to
deny) of an amendment to the Land Development Regulations Section 4.6.13
"Parking and Storage of Commercial Vehicles, Boats, Trucks and Similar
Vehicles" regarding truck parking in the R-I-A (Single Family Residential)
zone district within the Seacrest Neighborhood Plan area.
1. Approved (5 to 0, Shutt and Branning absent), a fiat wall sign for Oxford
Academy (fka Youthland Academy) located within the Lake Ida Plaza at the
southwest corner of Lake Ida Road and Congress Avenue.
2. Approved (5 to 0), the architectural elevation plan associated with facade
renovations for Vertex Optical, located on the east side of Pineapple Grove
Way, between NE Ist Street and NE 2nd Street (169 Pineapple Grove Way).
3. Approved (5 to 0), the architectural elevation plan to allow the installation of a
decorative perimeter fence at Casa Mia, an existing condominium
development located on the north side of Langer Way, between Gleason
Street and Venetian Drive.
4. Approved (4 to 0, Perez-Azua stepped down), a color change for Pineapple
Center, an existing commercial building located at the northeast corner of
Pineapple Grove Way and NE 2nd Street.
5. Approved (5 to 0), a request to reconsider a condition of approval dealing
with the timeframe for the completion of Coral Trace Boulevard in conjunction
with the Coral Trace Subdivision. The Board granted a 30 day extension
from June 7, 1999 to July 7, 1999 to complete the improvements to Coral
Trace Boulevard.
City Commission Documentation
Appealable Items Meeting of July 6, 1999
Page 3
6. Approved (5 to 0), the architectural plan associated with facade changes to
Apple Professional Center, an existing commercial building located at the
southwest corner of Pineapple Grove Way and NE 3rd Street.
7. Approved (5 to 0), a Class V site plan, landscape plan and architectural
elevation plan associated with the construction of a 6,776 sq. ft. commercial
building for People's Market Retail Center, located on the west side of North
Federal Highway, approximately 890' south of Gulf Stream Boulevard.
Concurrently, the Board granted a waiver to defer the installation of the
sidewalk along Dixie Highway provided that a sidewalk deferral agreement is
executed.
8. Approved on a 5 to 0 vote a Class II site plan modification and architectural
elevation plan (the landscape plan was approved on a 3 to 2 vote, Sittler and
Smith dissenting) associated with improvements to the parking lot and
facilities at Lake Ida Park, located at 975 Lake Shore Drive (NW 9th Street),
adjacent to the Delray Beach Playhouse. A motion regarding the request to
reduce the number of landscape islands within the west parking area from 4
to 3 failed due to a lack of a second.
9. Approved (7 to 0), a request for a color change for Arnold Industrial Park,
an existing commercial building, located on the west side of SW 15th Avenue,
north of SW 10th Street.
10.Approved (7 to 0), the architectural elevation plan associated with facade
changes to the east elevation of the Ed Morse Cadillac Dealership located
on the west side of South Federal Highway, approximately 1,600 feet south of
Linton Boulevard.
Il.Approved with conditions (3 to 2, Smith and Branning dissenting), the
architectural elevation plan associated with the addition of awnings for Grove
Custom Engines located on the east side of NE 3rd Avenue, approximately
280 feet south of NE 4th Street (367 NE 3rd Avenue).
12. Approved (7 to 0), a Class III site plan modification associated with enclosing
an arcade area within the Boca Rey Plaza for Kristi Kleaners, located at the
southeast corner of Linton Boulevard and Military Trail.
City Commission Documentation
Appealable Items Meeting of July 6, 1999
Page 4
13. Approved (7 to 0), a Class III site plan modification and landscape plan
associated with the construction of a 1,440 sq. ft. evidence storage building
at the Public Safety Building, located at the southeast corner of West
Atlantic Avenue and SW 4th Avenue. The architectural elevations were
tabled as the Board wanted additional architectural details on the west
building elevations.
14.Tabled on a 7 to 0 vote a class IV site plan modification, landscape plan and
architectural elevations associated with the construction of a 13,905 square
foot pharmacy/retail store for VValgreens within the Congress Square
Shopping Center, located at the southwest corner of Congress Avenue and
West Atlantic Avenue. The Board tabled the item to allow the applicant to
redesign the site layout and architectural elevations.
No other appealable items were considered by the Board. The following item
which was considered by the Board will be forwarded to the City Commission for
action.
r~ Recommended approval (6 to 0, Perez-Azua stepped down), of a waiver
request to add an additional fiat wall sign (the code provides for I flat wall
sign) for Atlantic Refrigeration, located within the Delray Park of Commerce
at the northeast corner of Lake Ida Road and Congress Avenue.
X. Approved (4 to 0, Keller, Griffin and Hurlburt absent), a request for a
Certificate of Appropriateness associated with installation of a patio trellis and
facade changes to an existing cottage at Sundy Inn, located at the southwest
corner of South Swinton Avenue and SW 1st Street.
Y. Approved (4 to 0), a request for a Certificate of Appropriateness to allow a
change in roofing material from flat cement tile to composition shingles for a
contributing single family residence located at 54 Marine Way.
By motion, receive and file this report.
Attachment: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting- ~~.
JULY 6, 1999
L.-~ CANAL
o: lAKE IDA ROAJ
r ~
1
S.W. ~lO
i r'~. ,
~ ~ ..... J
L
LOWSON BOULEVARD S.W. ~OTH ST~
UNTON BOULEVARD
i
I
!
J
P.&Z.: S.P.R.A.B. CON"r:
A. HAMMOCK RESERVE 9. ARNOLD INDUSTRIAL PARK
,, , .,, ,~ ,~ -~.Z~ Z~.A.D.' 10. ED MORSE CADILLAC
11. GROVE CUSTOM ENGINES
~. OXFORD ACADEMY ......... crrY uMr~s .........
f2. KRISTI KLEANERS (BOCA REY PLAZA)
(F.K.A. YOUTHLAND ACADEM~O 13. PUBLIC SAFET~ BUILDIHG
CITY OF DELRAY BEACH.
FL
6. APPLE PROFESSIONAL CENTER pLANNING & ZONING DEPARTMENT
X. SUNDY INN
7. PEOPLE'S MARKET RETAIL CENTER
8. LAKE IDA PARK Y. 54 MARINE WAY
- - DIGITAL BASE MAP SYSTEM - -
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #~1¥ - REGULAR MEETING OF JULY 6, 1999
AWARD OF BIDS AND CONTRACTS
DATE: JULY 2, 1999
This is before the City Commission to approve the award of the following bids and
contracts:
1. Purchase award in the total amount of $25,456.21 to J.C. White Office
Furniture, via Florida State Contract, for the purchase of office furniture
modules and partitions for the City Clerk's office, with funding in the amount
of $2,700.00 from 001-1411-512-51.20 (Office Equipment <$500) and $22,800.00
from 001-1411-512-64.10 (Office Furniture/Fixtures).
2. Purchase award in the amount of $11,098.09 to J.C. White Office Furniture, via
Florida State Contract, for the purchase of replacement furniture for the
Police Department's Crimes Against Persons office, with funding from 001-2115-
521-51.20 (Police Investigative - Office Equipment <$500).
3. Bid award to Bishop Plumbing Company as primary contractor and to Stokes
Mechanical Contractor, Inc. as backup contractor for the Plumbing Services and
Repairs annual contract at an estimated annual cost of $12,856.00, with funding
from various departmental operating expense budgets.
4. Bid award to Davco Electrical Corporation as primary contractor and to J.
Crudup Electric as backup contractor for the Electrical Services and Repairs
annual contract at an estimated annual cost of $9,343.50, with funding from
various departmental operating expense budgets.
5. Bid award in the amount of $22,123.50 to Custom Care, Inc. for continuation of
landscape improvements within the Seagate Neighborhood, focusing on the
irrigation and relandscaping of medians on Seasage Drive, Bauhinia and
Poinsettia, with funding from 334-4144-572-63.36 (General Construction Fund -
Seagate Medians).
6. Purchase award in the total amount of $31,245.00 to International Development
Advisory Services, Inc. (IDAS) for the purchase of CrimeView/ArcView Crime
Analysis/Mapping software for the Police Department. IDAS is the exclusive
distributor in the State of Florida per agreement with the Omega Group, the
developers and publishers of the CrimeView software. The ArcView software,
including the Internet Map Server, are under SNAPS agreement with the State of
Florida, effective through February 2, 2000. Funding in the amount of
$23,624.00 will be from 001-2113-521-66.10 (Support Services/Software), with
the remaining balance of $7,621.00 coming from Prior Year Surplus of the Law
Enforcement Trust Fund.
Recommend approval of the bid and purchase awards listed above.
Ref:Bid.agmemo
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor ~
THROUGH: Milena L. Walinski. CGFO, Assistant Finance Director
DATE: June 30, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
JULY 06, 1999 - PURCHASE AWARD - OFFICE FURNIURE
FOR CITY CLERKS' OFFICE FROM
J.C. WHITE OFFICE FURNITURE VIA FLOR/DA STATE CONTRACT
Item Before Commission:
The City Commission is requested to approve the purchase of office furniture modules for the
City Clerk's office from J.C. White Office Furniture for a total amount of $25,456.21 via the
Florida State Contract - Hayworth Furniture - Contract #N96-2027.
Background:
The furniture in the City Clerk's office needs to be replaced as there is several old odd pieces
which do not match and in addition there is a need to put a partition around the large copy
machine to minimize the noise level in the office area. J.C. White Office Furniture has submitted
a quote for the replacement of this furniture with matching workstations and a partition around
the large copier via the Florida State Contract for Hayworth Furniture #N96-2027. See attached
quote dated June 07, 1999. This quote reflects a 62.64% discount for the City.
The City Clerk and Deputy City Clerk recommend this purchase from J.C. White Furniture. See
attached memo dated June 28, 1999.
Recommendation:
Staff recommends the purchase of workstation's (furniture) for the City Clerk's office from J.C.
White Office Furniture via the Florida State Contract #N96-2027. Funding from 001-1411-512-
51.20 (Office Equipment <500) for $2,700 and from 001-1411-512-64.10 for $22,800 (budget
transfer attached).
Attachments:
Memo from City Clerk's Office
Quote from J.C.White Office Furniture
Agenda Item No.:
AGENDA REQUEST
Date: June 28~ 1999
Request to be placed on:
Regular Agenda Special Agenda Workshop Agenda
X Consent Agenda
~: July 6, lggg
Description of agenda item (who, what, where, how much):
Purchase Award - Purchase of office furniture from J.C. White Office
Furniture via the Florida State Contract for a total cost of
$25,456.21. Fundinq is available in 001-1411-512-51.20 ~$2~700.00)
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
Funding available: E~ NO
Funding alternatives: (if applicable)
Account No. & 'Description: 51.20 E~uipment 500=$2700
Account Balance: 64.10 Office Furn/Fix=$22,800 with
budget transfer
City Manager Review:
Approved for agenda: ~/ NO
Agenda Coordinator Review:
Received:
Ac tion: Approved/DJ sapproved
MEMORANDUM
TO: Alison MacGregor Harty, City Clerk~'~4%
FROM: Barbara Garito, Deputy City Clerk
SUBJECT: Purchase Award - J.C. White Office Furniture via
Florida State Contract
DATE: June 28, 1999
Attached is the proposal from J.C. White Office Furniture for
the workstations, chairs, and partition around the copier.
This proposal is via State Contract.
The total cost including delivery and installation is
$25,456.21. With the attached budget transfer, funding will
be available in 001-1411-512-51.20 (Office Equipment <500) and
001-1411-512-64.10 {Office Furniture/Fixtures).
Estimated time of delivery is 4-6 weeks upon approval by
Commission, therefore I am requesting that this item be placed
on the July 6, 1999, agenda.
Jun-O7-99 1Q:28 JC WHITE 561 848 8219 P.01
QUALITY OFFICE FURNITURE
II I I
PALM BEACH (561) 848-4982
FAX TRANSMITTAL
~^~: (',~
"/ (. ~ ' .
co~ / ? co~
~g~B~O~ PAGES (Jndudin~ Co~): .. / ~
· ,] f
J.C. WHITE OFFICE FURNITURE '
7479 Central Industrial Drive
Riviera Beach, FL 33404
~ - 0un-07-99 10:29 JC WHITE 561 848 8219 P.02
AND HALF VALL
TD BE REMOVED.
COORDINATED ~Y CLIENT.
3 DRAV£R LATER&L FILES 40' H
OPEN SHELF ABOVE
LtlV PANELS AGAINST ~/INDOV ;VALL I HAVE REVIEWED, UNDERSTAND,
AND APPROVE THE ABOVE ITEMIZEO
_ _ ~ PRODUCT SPECIFICATIONS.
~ELRAY BEACH
m ~ ~- % 9 ' ? / .... BROWARD: (954) 785-3212
dOB: D~WN BY: PALM BEACH: (561) 8~982
n~T~. ~T REVISION: AMY
Jun-07-99 10:29 JC WHITE 561 848 8219 P.03
DBC~7,SlF LISTS CUSTONE~$ CUSTO#ER% 6-4-1 (~gd~
I)~LRAY BEACH CITY CLERK RM 207 lO:4S:SO
# ~1~. Qty Part # . . ..hscriptlo~ / O~io~,~.s hit Extended
I HAS 5 M211-1142 MB SYNC,PNEU,POLY SHELL 602.00 3010.00
MOLDED ARMS, HARD CASTERS 231.05 1155.25
Customer %61.62000
2 HAS 3 M600-2i10 4-LEG STACKER,ARMS,POLYOUTER 286.00 858.00
109.77 329.31
Customer %61.62000
3 HAN 1 NA2-16-S PRM,ADAPTOR KIT,2WY 16"H 77.00 77.00
26.44 26.44
Customer %65.66000
4 HAN 1 NAK-3 AKP - TILTING KEYBOARD PAD W/O PALM REST 338.00 338.00
116.07 116.07
Customer %65.66000
5 HAN 4 NAK-5 EXT TILTING KEYBOARD PAD W/O PALM REST 388.00 1552.00
133.24 532.96
Customer %65.66000
6 HAN 3 NAS-16 PRM,ADAPTOR KIT,STRAiGHT 16"H 29.00 87.00
9.96 29.88
Customer %65.66000
7 HAN 2 NAT-48 TACKSTRIP - 48" 108.00 216.00
37.O9 74.18
Customer %65.66000
8 HAN 6 NAT-60 TACKSTRIP - 60" 125.00 750.00
42.93 257.58
Customer %6566000
9 HAN 1 NCOL-30-C TEARDROP - LAMINATE,30" 640.00 640.00
252.10 252.10
Customer %60.61000
10 HAN 2 NCWA-16 PRM,STRAIGHT ADAPTOR KIT 36.00 72.00
16"H,STK TO STD PNL 12.36 24.72
Customer %65.66000
11 HAN 4 NDFS-2415-1H FIXED PEDESTAL - STEEL FRONT 24" DEEP 439.00 1758~00
150.75 603.00
Customer %65.66000
J.C. WHITE OFFICE FURNITURE, WPB Page 1
jun-O7-g9 10:29 JC WHITE 561 848 8219 P.04
DICLKZ07.SIF LISTS CUSTOE4Ef,$ CUSTOHE)~ 4-4-19439
DELRAY mF. ACH CITY CLEIU( IU4 ~07 10:45:S!
12 HAN I NDFS-2415-1J FIXED PEDESTAL- STEEL FRONT 24" DEEP 439.00 439.00
150.75 150.75
Customer %65.66000
13 HAN 2 NEB-1 BASE FEED-HARDWIRE CONNECTION 128.00 256.00
VINYL CLAD CONDUIT 43.96 87.92
Customer %65.66000
14 HAN I NEJM-60 EXT PWR CONNECTOR,BASE PANEL 60"-MEDIUM 83.00 83.00
28.50 28.50
Customer %65.66000
15 HAN 1 NEJS-30 EXT PWR CONNECTOR,BASE PANEL 30"-SHORT 76.00 76.00
26.10 26.10
Customer %65.66000
16 HAN 3 NER-1 POWER RECEPTACLE- TRIPLEX BOX OF 6 93.00 279.00
31.94 95.82
Customer %65.66000
17 HAN 1 NER-2 POWER RECEPTACLE - IGR TRIPLEX BOX OF 6 98.00 98.00
33.65 33.65
Customer %65.66000
18 HAN 5 NEV-1 VERTICAL WIRE MANAGER 15.00 75.00
5.15 25.75
Customer %65.66000
19 HAN I NFDL-3072-1HR PEDESTAL DESK- LAMINATE TOP 30"X 72" 1313.00 1313.00
517.19 517.19
Customer %60.61000
20 I-lAN 1 NKAA-1642 16" STACK KIT FABRIC ACOUS/ 253.00 253.00
FABRIC ACOUS - 42"W 86.88 86.88
LEVEL 1 Customer %65.66000
21 HAN 3 NKAA-1648 16" STACK KIT FABRIC ACOUS/ 268.00 804.00
FABRIC ACOUS - 48'~e' 92.03 276.09
LEVEL 1 Customer %65.66000
22 HAN 1 NKAA-1660 16" STACK KiT FABRIC ACOUS/ 311.00 311.00
FABRIC ACOUS - 60'~A/ 106.80 106.80
LEVEL 1 Customer %65.66000
J.C. WHITE OFFICE FURNITURE, WPB Page 2
Jun-07-99 10:29 JC WHITE 561 848 8219 P.05
DICUi207.SIF LISTS CIISTO#ER$ CUSTOHEI~ 6-4-1999
BELRAY BL4CH CITY CLERK m4 2O7 10:45:51
# .... Hf~l.. ~. . Pm.._~.~_ Description_/Options ........ Unit Ezte~led
23 HAN 4 NLFS-0236-1AH 2 HI LATERAL FILE - 36" STEEL FRONT 595.00 2380.00
234.37 937.48
Customer %60.61000
24 HAN 1 NLFS-0336-1FH 3 HI LATERAL FILE - 36" STEEL FRONT 788.00 788,00
310.39 310.39
Customer %60,61000
25 HAN 2 NLF$-O342-1FH 3 HI LATERAL FILE - 42" STEEL FRONT 904.00 1808.00
356.09 712.18
Customer %60.61000
26 HAN 1 NLMS-0236-1F STORAGE UNIT- STEEL FRONT 36 INCHES 647.00 647.00
254.85 254.85
Customer %60.61000
27 HAN 1 NPDS-8042-LH SINGLE DOOR STEEL TOP CAP 80" X 42" 1369.00 1369.00
470.11 470.11
Customer %65.66000
28 HAN 2 NPFS-3224-P FABRIC PANEL STEEL TOP CAP 32" X 24" 406,00 812.00
139,42 278.84
Customer %65.66000
29 HAN 2 NPFS-3230-N FABRIC PANEL STEELTOP CAP 32"X 30" 322.00 644.00
110.57 221.14
Customer %65.66000
30 HAN 3 NPFS-3236-P FABRIC PANEL STEELTOP CAP 32"X 36" 463.00 1389.00
158.99 476.97
Customer %65.66000
31 HAN 1 NPFS-3260-P FABRIC PANEL STEEL TOP CAP 32" X 60" 613.00 613.00
210.50 210.50
Customer %65.66000
32 HAN 4 NPFS-4224-N FABRIC PANEL STEEL TOP CAP 42" X 24" 296.00 1184.00
101.65 4O6.6O
Customer %65,66000
33 HAN 1 NPFS-4230-N FABRIC PANEL STEEL TOP CAP 42" X 30" 322.00 322.00
110.57 110.57
Customer %65.66000
J.C, WHITE OFFICE FURNITURE, WPB Page 3
Jun-07-99 10:30 JC WHITE 561 848 8219 P.06
DKLK207.SIF UST$ CUSTOMERS CUSTOHER% S-4-1g~
DGRAY BEACH CITY CLEIU( RH Z07 10:4S:51
~__ !~ .... ~1~ P_i~t # .~1)~_ .__p. tiom ! Options Unit Extem)_d_e~l~
34 HAN 1 NPFS-4230-P FABRIC PANEL STEEL TOP CAP 42" X 30" 432.00 432.00
148.35 148.35
Customer %65.66000
35 HAN 3 NPFS-4236-N FABRIC PANEL. STEEL TOP CAP 42" X 36" 353,00 1059.00
121.22 353.66
Customer %65.66000
36 HAN 4 NPFS-4236-P FABRIC PANEL STEEL TOP CAP 42"X 36" 463.00 1852.00
158.99 635.96
Customer %65.66000
37 HAN I NPFS-4242-N FABRIC PANEL STEEL TOP CAP 42" X 42" 386.00 386.00
132.55 132.55
Customer %65.66000
38 HAN 2 NPFS-4260-N FABRIC PANEL STEEL TOP CAP 42" X 60" 503.00 1006.00
172.73 345.46
Customer %65.66000
39 HAN 1 NPFS-4260-P FABRIC PANEL STEEL TOP CAP 42"X 60" 613.00 613.00
210.50 210.50
Customer %65.66000
40 HAN 4 NPFS-6424-N FABRIC PANEL STEELTOP CAP 64" X 24" 362.00 1448.00
124.31 497.24
Customer %65.66000
41 HAN 5 NPFS-6436-N FABRIC PANEL STEEL TOP CAP 64" X 36" 456.00 2280.00
156.59 782.95
Customer %65.66000
42 HAN 2 NPFS-6436-P FABRIC PANEL STEEL TOP CAP 64" X 36" 566.00 1132.00
194.36 38872
Customer %65.66000
43 HAN 1 NPFS-6448-N FABRIC PANEL STEEL TOP CAP 64" X 48" 530.00 530.00
182.00 182.00
Customer %65.66000
44 HAN 3 NPFS-6460-N FABRIC PANEL STEEL TOP CAP 64" X 60" 611.00 1833.00
209.82 629.46
Customer %65.66000
J.C. WHITE OFFICE FURNITURE, WPB Page 4
.jun-,07-99 10:30 JC WHITE 561 848 8219 P.07
DICLI[20? ~ UST$ CUSTONE~$ CUSTOHEI~o 6-4-1999
D~RAY lEACH CITY (1BIK RN 207 10:45:51
~_ ..... IM_~ _Qt~. ..... l)mrt # ...... I)~..o,i~!on_( Options .... Umih F,~tMidid
45 HAN 1 NPFS-6460-P FABRIC PANEL STEEL TOP CAP 64" X 60" 721.00 721.00
247.59 247.59
Customer %65.66000
46 HAN 3 NPFS-8048-N FABRIC PANEL STEELTOP CAP 80" X48" 677.00 2031.00
232.48 697.44
Customer %65.66000
47 HAN I NPFS-8060-N FABRIC PANEL STEEL TOP CAP 80" X 60" 765.00 765.00
262.70 262.70
Customer %65.66000
48 HAN 5 NPGS-6424-N GLAZED PANEL STEEL TOP CAP 64" X 24" 466,00 2330,00
160.02 800.10
Customer %65.66000
49 HAN 1 NQ2-24-S FLOOR-TO-CEILING KIT 2-WAY CONNECTION 165.00 165.00
56.66 56.66
Customer %65.66000
50 HAN 3 NQCR-10 CEILING INTERFACE 198,00 594.00
67.99 203.97
Customer %65.66000
51 HAN 1 NQFF-2442 CEILING KIT,FABRIC/FABRIC 24" X 42" 243.00 243,00
83.45 83.45
Customer %65.66000
52 HAN 3 NQFF-2448 CEILING KIT, FABRIC/FABRIC 24" X 48" 258.00 774.00
88.60 265.80
Customer %65.66000
53 HAN I NQFF-2460 CEILING KIT,FABRIC/FABRIC 24"X 60" 299.00 299.00
102.68 102.68
Customer %65.66000
54 HAN 3 NQS-24 FLOOR-TO-CEILING KIT IN-LINE CONNECTION 56.00 168.00
19.23 57.69
Customer %65.66000
55 HAN 2 NQWS-40 WALL MOUNT KITFLOOR-TO-CEILING 50.00 100.00
17,17 34.34
Customer %65.66000
J.C. WHITE OFFICE FURNITURE, WPB Page 5
Jun-O7-gg 10:30 JC WHITE 561 848 8219 P.08
DKLKZO7~F users CUSTOflER$ CUSTOHER% G-4-tggg
I)ELRAY BEACH CITY CLEIU( lin Z07 10:4S:51
# Nfg ~y Pi~t # Description / Options U~i~ Extended
56 HAN 11 NSBL-1 CORNER SUPPORT BRACKET - LEFT 7.00 77.00
2.40 26.40
Customer %65,66000
57 HAN 12 NSBR-1 CORNER SUPPORT BRACKET- RIGHT 7.00 84.00
2.40 28.8O
Customer %65.66000
58 HAN 17 NSC-1 SHARED CANTILEVER BRACKET 42.00 714.00
14.42 245,14
Customer %65.66000
59 HAN 6 NSF-1 FLUSH MOUNT KIT 17.00 102.00
5,84 35.04
Customer %65.66000
60 HAN 2 NSP-30 END PANEL - 30" 227.00 454.00
77,95 155 90
Customer %65.66000
61 HAN 2 NTL-48-T TASK LIGHT - 48" 172,00 344.00
59.06 118.12
Customer %65.66000
62 HAN 5 NTL-60-T TASK LIGHT - 60" 187.00 935.00
64.22 321.10
Customer %65.66000
63 HAN 2 NUDS-48 OVERHEAD STORAGE UNIT- 48" STEEL DOOR 426,00 852,00
146.29 292,56
Customer %65.66000
64 HAN 3 NUDS-60 OVERHEAD STORAGE UNIT- 60" STEEL DOOR 50500 1515.00
173.42 520.26
Customer %65.66000
65 HAN 3 NUSS-36 36" REGULAR SHELF 145.00 435.00
49.79 149.37
Customer %65,66000
66 HAN 2 NUSS-60 60" REGULAR SHELF 163,00 326,00
55.97 111.94
Customer %65.66000
J.C. WHITE OFFICE FURNITURE, WPB Page 6
Jun-O7-99 10:30 JC WHITE 561 848 8219 P.O9
DBCLK207.SIF IJST$ CUSTOMERS CUSTOHER~ S-4-I~d~
DEI.KAY BEACH C1TY CLEKE !~4 207 10:45:51
~__ .... Nfs ._._1~__ ._ P&d # .... D~c__r_i_L~on / 0ption~ ............ U~l!t.. _E~tended
67 HAN 3 NV2S-42-S 2-WAY PANEL CONNECTOR W/STEEL CAP - 42" 99.00 297.00
34.0O 102.00
Customer %65.66000
68 HAN 4 NV2S-64-S 2-WAY PANEL CONNECTOR W/STEEL CAP - 64" 112,00 448.00
38.46 153.84
Customer %65.66000
69 HAN 3 NV3S-42-S 3-WAY PANEL CONNECTOR W/STEEL CAP- 42" 143.00 429.00
49.11 147,33
Customer %65.66000
70 HAN 5 NV3S-64-S 3-WAY PANEL CONNECTOR W/STEEL CAP- 64" 162,00 810.00
55,63 278,15
Customer %65,66000
71 HAN 1 NV3S-80-S 3-WAY PANEL CONNECTOR W/STEEL CAP - 80" 182.00 182.00
62.50 62,50
Customer %65.66000
72 HAN 4 NVES-42-S END-OF-RUN CVR W/STEEL CAP -42" 45,00 180.00
15,45 61,8O
Customer %65.66000
73 HAN 9 NVES-64-S END-OF-RUN CVR W/STEELCAP -64" 50.00 450.00
17.17 154.53
Customer %65.66000
74 HAN 5 NVSS-32 STRAIGHT CONNECTOR 32" 32.00 160.00
10.99 54.95
Customer %65.66000
75 HAN 7 NVSS-42 STRAIGHT CONNECTOR 42" 32.00 224.00
10.99 76.93
Customer %65.66000
76 HAN 7 NVSS-64 STRAIGHT CONNECTOR 64" 38.00 266.00
13.05 91.35
Customer %65.66000
77 HAN 3 NVSS-80 STRAIGHT CONNECTOR 80" 45.00 135.00
15.45 46.35
Customer %65.66000
J.C. WHITE OFFICE FURNITURE, WPB Page 7
Jun-07-99 10:30 JC WHITE 561 848 8219 P.IO
OICLY207.SIF LISTS CUSTOHER$ CUSTONEi~ 6.4.! 999
DEUIAY BEACH CITY CLERK lin Z07 10:4S:S1
# ~ .... 4~ Pi_~ # !)~scription / Opt_ions .~ Unit bt~Med
78 HAN 6 NWS-3264-S VARIABLE HT CVR 32" W/STEEL CAP 32"H TO 64"H 28.00 168.00
9.62 57.72
Customer %65.66000
79 HAN 1 NWS-6480-S VARIABLE HT CVR 16" W/STEEL CAP 64"H TO 80"H 25.00 25.00
8.59 8.59
Customer %65.66000
80 HAN I NVVVS-42 WALL MOUNT - 42" 102.00 102.00
35.03 35.03
Customer %65.66000
81 HAN 1 NVWS-64 WALL MOUNT - 64" 144.00 144.00
49.45 49.45
Customer %65.66000
82 HAN 2 NVWS-80 WALL MOUNT- 80" 184.00 368.00
63.19 126.38
Customer %65.66000
83 HAN 4 NWCL-2436 CORNER WS- LAMINATE 24" X 36" 313.00 1252.00
107.48 429.92
Customer %65.66000
84 HAN 8 NWRL-2460 LMNT WORKSURFACE - REGULAR 24"X 60" 297.00 2376.00
101.99 815.92
Customer %65.66000
85 HAN 3 NWRL-2472 LMNT WORKSURFACE- REGULAR 24" X 72" 363.00 1089.00
124.65 373.95
Customer %65.66000
86 HAE 1 SPLA-???? COUNTER TOP - LAMINATE 12" X 33" 250.00 250.00
85.85 85.85
Customer %65.66000
87 HAE 2 SPLA-2776 LMNT WORKSURFACE - REGULAR 24" X 54" 279.00 558.00
95.81 191.62
Customer %65.66000
88 HAE 1 INQ49133 LINE I LMNT WORKSURFACE- REGU 595.00 595.00
LAR 30"X 114" 204.32 204.32
Customer %65.66000
J.C. WHITE OFFICE FURNITURE, WPB Page 8
jun-07-99 10:31 JC WHITE 561 848 821g P.11
DBCLAZOT.SIF LISTS CUSTOMERS CUSTOMEK% ~.4. tggg
DELRAY BEACH CITY Cl. EIU( IU4 207 10:45:SI
# 14tg . .. Qty . _h_rt_~ ........... De~riF_t!~_/0_p_~!.o_~s .......... Unit btemded
89 HAE 2 SPLA-2974 LMNT WORKSURFACE - REGULAR 30" X 96" 511.00 1022.00
1'76.48 350.96
Customer %65.66000
90 HAE I SPLA-3539 LMNT WORKSURFACE - REGULAR 24"X 39" 197.00 197.00
67.65 67.65
Customer %65.66000
91 HAE 5 SPLA-3596 WAINSCOT KiT FOR 24" GLAZED PANELS 210,00 1050.00
72,11 360.55
Customer %65.66000
92 HAE 1 SPLA-4032 RIGHT ANGLE COUNTI=R TOP - LAMI 523.00 523.00
NATE 12" X 36" X 36" EXACT 179.60 179,60
$503 Customer %65,66000
93 HAE 1 SPLA-5253 COUNTER TOP - LAMINATE 12" X 60" EXACT 271.00 271.00
93.06 93.06
Customer %65,66000
94 HAE 1 SPLA*6054 COUNTER TOP - LAMINATE 12" X 78" EXACT 363.00 353.00
121.22 121.22
Customer %6§,66000
95 HAJ 1 LSET-3 STANDARD LOCK PLUG & KEY LOCK SET (OTY 3) 0.00 0.00
0.00 0.00
Customer %0.00000
96 H^J 4 LSET-6 STANDARD LOCK PLUG & KEY LOCK SET (OTY 6) 0.00 0.00
0.00 0.00
Customer %0.00000
9'7 JCW 1 DELIVERY AND JNSTALLAI'IOI~ M-F. 9-5 2314.20 2314.20
2314.20 2314.20
Customer %0.00000
Totals
List 68136.20 ·
Customer 25456.21. v-"
Customer% 62.63923 I HAVE REVIEWED, UNDERETAND,
AND APPROVE THE ABOVE ITEMIZED
PRODUCT SPECIFICATIONS.
,S~-~,nature ,,
Date '
J.C. WHITE OFFICE FURNITURE, WPB Page 9
· AGENDA ITEM NUMBER: /V
AGENDA REQUEST
Request to be placed on: Date: June 30, 1999
XX Consent Agenda ~ Special Agenda Workshop Agenda
When: July6, 1999
Description of agenda item:
Purchase Award - Purchase of furniture from J.C. White Office Furniture for the Police
Department, Crimes Against Persons Office. The total cost of this purchase is $11,098.09 and
funding will be taken from account number 001-2115-521-51.20. Pricing is per Florida State
Contract Number N962027.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
The Administrative Services Director at the Police Department recommends the purchase
award from J.C. White Office Furniture for a total cost of $11,098.09. Funding for the office
furniture will be taken from account number 001-2115-521-51.20. Pricing is per Florida State
Contract Number N962027.
Department Head Signature: ~(.Jfl~/,~?-rJl
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes v// ~
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: ~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
P.O.#
PURCHASING DIVISION
MEMORANDUM
DATE: June 30, 1999
TO: David Harden, City Manager
FROM: Jennifer Schillace, Buyer
THROUGH: Joseph Safford, Finance Director~/~/t-?
RE: DOCUMENTATION - CITY COMMISSION MEETING
JULY 6, 1999 - PURCHASE AWARD
J,C, WHITE OFFICE FURNITURE
ITEM BEFORE COMMISSION:
City Commission is requested to approve the purchase of office furniture from
J.C. White Office Furniture for the Crimes Against Persons Office. The funding
for this purchase will be taken from account number 001-2115-521-51.20 for a
total cost of $11,098.09. Pricing is per Florida State Contract Number N962027.
BACKGROUND:
The Administrative Services Director at the Delray Beach Police Department
recommends the purchase award of replacement furniture for the Crimes
Against Persons Office, per the approved requisition 72181, from J.C. White
Office Furniture for a total cost of $11,098.09. The pricing is per Florida State
Contract Number N962027.
RECOMMENDATION:
The Purchasing Division recommends the award to J.C. White Office Furniture
for the purchase of the furniture for the Crimes Against Persons Office.
Funding for this purchase will be taken from account number 001-2115-521-
51.20 for a total cost of $11,098.09. Pricing is per Florida State Contract
Number N962027.
Attachments:
Proposal, 06~04~99
Requisition, 72181
cc: Jacklyn Rooney, Purchasing Supervisor ~
David Junghans, Administrative Services Director
Tina Lunsford, Assistant DirectodSupport Services
.PI620U02 City Of Delray Beach Florida 6/30/99
Requisition number: 0000072181 Buyer Processing 11:28:04
Ty~e information, press Enter.
Type (F4) ....... 1 PURCHASE REQUISITION
Reason ........ ~EPLACEMENT FURNTURE
By .......... JUNGHANS HOLD JEN*
Date ......... 062299
Vendor number ..... 373470
Name (F4) ...... J C WHITE OFFICE FURNITURE
Search type .... B=Begins with, C=Contains
Contract nbr (F4)
Ship to (F4} ..... PD POLICE DEPARTMENT
Deliver by date .... 062299
Fiscal year code C C=Current year, P=Previous year, F=Future year
Type options, press Enter~
1=Select for P.O. 2=Change 4=Delete 8=Extended description 9=Quotes
Opt Line# Quantity UOM Description
1 2.00 JOB #NAB-1636, TACKBOARD 36"VSU
2 1.00 JOB NAB-1660, TACKBOARD, 60"
3 3.00 JOB NFDL-2466-1HL, PEDESTAL DEST-LAMINATE TOP 24X66 +
CO~ENTS EXIST Total: 11098.09
F3=Exit F4=Prompt F6=Add item F7=Alternate view
FS=Req quotes F9=Generate P.O. F12=Cancel F24=More keys
· Jun-04-99 10:31 JC WHITE 561 848 8219 P.08
I)~q)PRP! .SIF LISTS CUSTONE~ CIISTOHEI~ 6-3.1He
I)GIMlr BEACH POLICE DEPT. - CIIDIES AGAINST ~ 14.-0~:41
HAN 6 5340-5618 HARDWARE,PKG,TASK LIGHT,VSU 0.00 0,00
0.00 0.00
Customer %60.61000
2 HAN 2 NAB-1636 TACKBOARD - 36" 140.00 280.00
48.08 96.16
Customer %65.66000
,3A- TELLURE GRADE A
022 GALAXY
3 HAN I NAB-1660 TACKBOARD - 60" 175.00 175.00
60.10 60.10
Customer %65.66000
,3A- TELLURE GRADE A
022 GALAXY
4 HAN 3 NFDL-2466-1HL PEDESTAL DESK - LAMINATE TOP 24" X 66" 1147.00 3441.00
451.80 1355.40
Customer %60.61000
(1HL) 6/6/12 LEFT
,OH- LAMINATE
022 GREY SPEX
,HP- LAMINATE
08J CHARCOAL
,TR- SURFACE 3
00K CHARCOAL
5 HAN 3 NFDL-2466-1HR PEDESTAL DESK - LAMINATE TOP 24" X 66" 1147.00 3441.00
451.80 1355.40
Customer %60.61000
(1 HR) 6/6/12 RIGHT
,OH- LAMINATE
022 GREY SPEX
,HP- LAMINATE
08J CHARCOAL
,TR- SURFACE 3
00K CHARCOAL
J.C. WHITE OFFICE FURNITURE, WPB Page I
· 'Jun-04-99 10:31 JC WHITE 561 848 8219 P.09
DBfOPIP1.SIF LEST$ CUSTOHER$ CISTO#~ S-3.1ggg
DELRAY BEACH IK)LiCE DEPT. - C/UNES AGAINST ffROfERTY
# Hr1 .qty hrt # Oesc,~fl I Optk~s Un~ Ezt~cl~
6 HAN 3 NFRL-2448-1JL RETURN,DESK HEIGHT,LAMINATE 24" X 48" 886.00 2658.00
349.00 1047.00
Customer %60.61000
(1JL) 12/12,LEFT ORIENTATION ~_.
,OH- LAMINATE
022 GREY SPEX
,HP- LAMINATE
08J CHARCOAL
,TR- DRAWER FRONT
00K CHARCOAL
7 HAN 3 NFRL-2448-1JR RETURN,DESK HEIGHT, LAMINATE 24" X 48" 886.00 2658.00
349.00 1047.00
Customer %60.61000
(1JR) 12/12,RIGHT ORIENTATION
,OH- LAMINATE
022 GREY SPEX
,HP- LAMINATE
08J CHARCOAL
,TR- DRAWER FRONT
00K CHARCOAL
8 HAN 6 NFUS-3372 VERTICAL STORAGE,STEEL DOOR 34" X 72" 1399.00 8394.00
551.07 3306.42
..... Customer %60.61000
'~ ,TR- SURFACE 1
0OK CHARCOAL
,3A- TELLURE GRADE A
022 GALAXY
NSC-1 SHARED CANTILEVER BRACKET 42.00 252.00
14.42 86.52
Customer %65.66000
,s
F-1 FLUSH MOUNT KIT 17.00 68.00
5.84 23.36
Customer %65.66000
11 HAN 8 NTL-60-T TASK LIGHT - 60" 187.00 1496.00
73.66 589.28
Customer %60.61000
(T) T-80CTIC
.TR- SURFACE 1
00K CHARCOAL
J.C. WHITE OFFICE FURNITURE, WPB Page 2
,Jun~04-99 10:31 JC WHITE 561 848 8219 P.IO
DBP~I'KI'I.SIF LISTS CIJSTOI(ERS CUSTOIIEI~ 6-3-1999
DELILILY BEACH POLICE DEPT.. CII#GS AGAINST ~ 14:06:4:,
# lef (W P~ # Ducril,tto, I OldiO,m U,,it
12 HAN~-~ NUDS-60 OVERHEAD STORAGE UNIT - 60" STEEL DOOR 505.00 505.00
,/ 173.42 173.42 ,
Customer %65.66000 ~
,TR- SURFACE 1
00K CHARCOAL
13 ~NUDs-72 OVERHEAD STORAGE UNIT - 72" STEEL DOOR 728.00 728.00
250.00 250.00
Customer %65.66000
14 ~N 5 // NVHS-30 WALL TRACK - 30" 17.00 85.00
6,70 33.50
Customer %60.61 DO0
,TR- SURFACE 1
NVHS-64 WALL TRACK - 64" 33.00 165.00
13.00 65.00 ,.-
Customer %60.61000
,TR- SURFACE 1
00K CHARCOAL
"~1 NWRL-2448 LMNT WORKSURFACE - REGULAR 24" X 48" 259.00 259.00
88.94 88.94
Customer %65.66000
(..) STANDARD VERSION
,OH- LAMINATE
O22 GREY SPEX
,HP- LAMINATE
08J CHARCOAL
17 HAE 2 SPLA-4563 LMNT WORKSURFACE - REGULAR 18' X 90" 375.00 750.00
128.78 257.56
$$$ Customer %65.66000
(_.) STANDARD VERSION
,OH- LAMINATE
022 GREY SPF_.X
,HP- LAMINATE
08J CHARCOAL
J.C. WHITE OFFICE FURNITURE, WPB Page 3
.Jun,~O4-g9 10:32 JC WHITE 561 848 8219 P.11
18 ~E ~"~SPLA-8300 END PANEL - 18" 185.00 740.00
63.53 254.12
Customer %65.66000
f ,OH- LAMINATE
08J CHARCOAL
. HAJ 7 LSET-6 STANDARD LOCK PLUG & KEY LOCK SET (QTY 6) 0.00 0.00
0.00 0.00
Customer %0.00000
,I~X- LOCK COLOR
OBL BLACK
20 JCW I DELIVERY AND INSTALLATION M-F, 9-5 10G8.91 1008.91
t008.91 1008.91
Customer %0.00000
Totals
List 27103.91
Customer 11098.09
Customer% 59.05355
J.C. WHITE OFFICE FURNITURE, WPB Page 4
'Ju~-04-99 10:31 JC WHITE $61 848 8219 P.07
~VORK SU~ACE CUT TO ~[T
THIS ~ALL-TD-V~L ]NSTALLAT]~
CPI[ MES AGA]I NST PROPERTY
DELRAY BEACH PaLICE DEPT. ' ' ' ' / /
,~ , .... ~ ..... BROWARD: (9~) 7~
~oB: m~ BY: PALM B~CH: (~1) ~982
DATE: ~/2;~ REVI~: ~ 6/~ ~ ~ ~E
I
- AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
Date: June 30,'1999
XX Consent Agenda ~ Special Agenda ~ Workshop Agenda
When: July 6, 1999
Description of agenda item:
Bid Award - Bid #99-30 - Plumbing Services and Repairs - Annual contract. Award to
Bishop Plumbing Company as primary contractor and to Stokes Mechanical Contractor Inc. as
backup contractor, at an estimated annual cost of $12,856.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Award to Iow bidder, Bishop Plumbing Company, as primary contractor and to second Iow
bidder, J. Crudup Electric, as backup contractor at a estimated annual cost of $12,856. Funding
for the various departments operating expense budgets.
Department Head Signature: ~o~,/~,~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ')4,, No
Funding alternatives: (if applicable)
Account Number:
Account Description:
City Manager Review:
Approved for agenda:~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor ~
THROUGH: Robert Barcinski, Assistant City Manager ~
Milena L. Walinski, CGFP, Assistant Finance Director
DATE: June 30, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
JULY 06, 1999 - BID AWARD - BID #99-30
PLUMBING SERVICES AND REPAIRS
ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve multiple awards to vendors for the annual contract for
plumbing services and repairs, at an estimated annual cost of $12,856.
Background:
Bids were received on June 17, 1999, from three (3) contractors all in accordance with City
purchasing procedures. (Bid #99-30. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The Deputy Director of Public Works and the Building Maintenance Superintendent have
reviewed the bids received and recommend award to low bidder Bishop Plumbing Company as
primary contractor, and to Stokes Mechanical Contractor Inc. as backup contractor, if for any
reason primary contractor can not perform per specifications. See attached memo dated June 21,
1999.
Funding for this service is from the various departments operating expense budgets.
Recommendation:
Staff recommends the award to low responsive bidder, Bishop Plumbing Company as primary
contractor, and to Stokes Mechanical Contractor Inc. as backup contractor, at an estimated annual
cost of $12,856. Funding from various departments operating expense budgets.
Attachments:
Tabulation of Bids
Memo From Deputy Director of Public Works
Cc: Hoyt Owens, Deputy Director Public Works
Jim Schmitz, Building Maintenance Superintendent
?.N. 8.
MEMORANDUM
TO: Jackie Rooney, Purchasing Supervisor
FROM: Hoyt Owens, ~
Deputy l~ir~tor Public Works
Jim Schmitz, Sup~ent - Building Mai
~enar~c~
DATE: June 21, 1999 ~,
SUBJECT: PLUMBING SERVICES AND REPAIRS
BID #99 - 30
Jim Schmitz and I have reviewed the subject bid responses and recommend the
following:
· Award a primary contract to Bishop Plumbing Company at the hourly rates noted.
· Award a secondary contract to Stokes Mechanical Contractor, Inc. at the hourly rates
noted.
This concept is consistent with our previous contract coverage for previous years.
If you have any questions, please call.
c: Bob Barcinski
a:plumbing contract FYO0 disk #7
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
Date: ,June 30,1999
XX Consent Agenda Special Agenda ~ Workshop Agenda
When: JulyC, 1999
Description of agenda item:
Bid Award - Bid #99-29 - Electrical Services and Repairs - Annual Contract. Award to
Davco Electrical Corporation as primary contractor and to J. Crudup Electric as backup
contractor, at an estimated annual cost of $9,343.50.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Award to second Iow bidder, Davco Electrical Corporation, as primary contractor and to
Iow bidder, J. Crudup Electric, as backup contractor at a estimated annual cost of $9,343.50.
Funding for the various departments operating expense budgets.
Department Head Signature: -~~,4 .~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes "~ No
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance: ~ C.~ ~-'\ ~,,k% ~,~¢~ % O
City Manager Review: '
Approved for agenda: ~ /~'¢ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor (~
THROUGH: R/obert Barcinski, Assistant City Manager
vlilena L. Walinski, CGFO, Assistant Finance Director
DATE: June 30, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
JULY 06, 1999 - BID AWARD - BID #99-29
ELECTRICAL SERVICES AND REPAIRS
ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve multiple awards to vendors for the annual contract for
electrical services and repairs, at an estimated annual cost of $9,343.50.
Background:
Bids were received on June 18, 1999, from six (6) contractors all in accordance with City
purchasing procedures. (Bid #99-29. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The Deputy Director of Public Works and Building Maintenance Superintendent have reviewed
the bids received and recommend award to Davco Electrical Corporation as primary contractor,
and to J. Crudup Electric as the backup contractor, if for any reason primary contractor can not
perform per specifications. See attached memo dated June 28, 1999.
Funding for this service is from the various departments operating expense budgets.
Recommendation:
Staff recommends the award to Davco Electrical Corporation as primary contractor, and to J.
Crudup Electric as backup contractor, at an estimated annual cost of $9,343.50. Funding from
various departments operating expense budgets.
Attachments:
Tabulation of Bids
Memo From Deputy Director of Public Works
MEMORANDUM
TO: Jackie Rooney, Purchasing Supervisor
FROM: Hoyt Owens, Superintendent - Buc~)Maintenance
Deputy Director Publicx~tSrks
Jim Schmitz,
DATE: June 28, 1999 ~,'
SUBJECT: ELECTRICAL SERVICES AND REPAIRS
BID #99 - 29
Jim Schmitz and I have reviewed the subject bid responses and recommend the following
actions:
· Award a primary contract to Davco Electrical Contractors Corporation at the hourly
rates and material mark-up percentage, as noted.
· Award a secondary contract to J. Cmdup Electric at the hourly rates and material
mark-up percentage, as noted.
This concept is consistent with our previous contract coverage for previous years.
A point of concern is the mark-up percentage of 13.0% and the limited work experience
for municipalities for J. Cmdup Electric. However, the contractor meets all other criteria
established within the contract specifications. Obviously a contractor must establish a
work history somewhere. We will closely monitor this vendors performance on any job
assigned.
If you have any questions, please call.
attachments:
c: Bob Barcinski w/attachments
a:electrical contract. FY00. disk #7
CITY OF DEL"I:I¥
PURCHASING DIVISION {~;:{ E C EIVED
J U N 2 ~ 1999
TO: Hoyt Owens, Deputy Director of Public Works I~LtBLIC WORKS
FROM: Jackie Rooney, Purchasing Supervisor ~.
SUBJECT: Electrical Services And Repairs
Bid #99-29
DATE: June 23, 1999 ~~~~4~
Attached is the "tabulation of bids" and a copy of all bids received for the
electrical services and repairs bid referenced above which was opened at 3:00
p.m. on June 18,1999.
Please review and forward to Purchasing your award recommendations, and I
will prepare the Commission agenda.
The last bid we awarded for this service was awarded to a primary contractor and
a secondary contractor in case the primary contractor was unable to do the work.
If you have any questions, you can reach me at 243-7163. Thanks.
Cc: Jim Schmitz, Building Maintenance Superintendent
Robert Barcinski, Asst. City Manager
Date: June 29, 1999 Agenda Item No. ~7/%/. D~'
AGENDA REQUEST
Agenda request to be placed on:
__X Regular __ Special __ Workshop __ Consent
When: July 6, 1999
Description of Agenda Item:
Bid Award No. 99-025 - Seagate Neighborhood Beautification
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~ ~~t~~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: O No
Funding Alternatives: (if applicable)
Account# & Description: 3~q -
AccountBalance:,~ 31t O0'~.,D"-~ ~ o~ (~l 30[q~
City Manager Review:
ApprovedHold Until:f°r agenda: d~ No~/~
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
FROM: NANCY DAVILA, HORTICULTURIST
RE: AWARD OF BID NO. 99-025
SEAGATE NEIGHBORItOOD BEAUTIFICATION
DATE: JUNE 22, 1999
ITEM BEFORE COMMISSION
The item before the Commission is the consideration of the award &bid for Seagate Neighborhood
Beautification, Bid No. 99-025 to Custom Care, Inc., in the amount of $22,123.50.
BACKGROUND
This project is a continuation of landscape improvements within the Seagate Neighborhood, focusing on
medians, which have not been upgraded since their construction 30 years ago. In this phase, medians on
Seasage Drive, Bauhinia and Poinsettia are being irrigated and relandscaped. The landscape designs were
done by the City's Horticulturist with the input and final approval from the Neighborhood Association.
The project was advertised for bid on May 23, 1999 with a bid opening date of June 16, 1999. Four bidders
responded to the advertisement, with contract prices as follows:
Custom Care, Inc. $22,123.50
Bermuda Services $27,021.00
Mark Tomberg, Inc. $28,062.74
Gator Landscape & Irrigation $36,475.25
Custom Care, Inc, is a Boca Raton based company, in business for the past 17 years. They are currently
under contract with the City's Parks Department for the maintenance of landscape medians on several
roadways.
Custom Care began the landscape installation portion of their company 14 years ago, and are in the process
of completing three notable projects for MCI in Pompano, Mobil Oil in Tamarac and a large project for
Raddison Hotel & Convention Center in Coral Springs. All references were positive.
RECOMMENDATION
Staff recommendations favorable consideration for the award of bid No. 99-025 to Custom Care, Inc., for
Seagate Neighborhood Beautification, in the amount of $22,123.50. Funding is available in 334-4144-572-
63.36.
cc: Jackie Rooney, Purchasing
CITY OF DELRAY BEACH
BID # 99-25
SEAGATE NEIGHBORHOOD BEAUTIFICATION
LANDSCAPE AND IRRIGATION IMPROVEMENTS '~
Bermuda Services
Item Description Custom Care, Inc. dba Southeastern MarkTomberg, Inc. Gator Landscape
Irrigation & Irrigation
1. Allamanda cathartica 'Hendersonii'
DWARF ALLAMANDA $9.20 lea, $9.00 /ea. $9.76 /ea. $6.50 /ea.
3-gal., 24" Hr., 20" Spread, Full
Estimated quantity 208 $1,913.60 $1,872.00 $2,030.08 $1,352.00
2. Bucida buceras
BLACK OLIVE $310.50 /ea. $400.00 /ea. $355.89 /ea. $180.00 /ea.
18'-20' Hr. X 12' Spread
Estimated quantity 3 $931.50 $1,200.00 $1,067.67 $540.00
3. Chr~sobalanus icaco
RED-TIPPED COCOPLUM $9.20 /ea. $8.00 /ea. $9.76 /ea. $6.00 /ea.
3-gal, 24" Hr., 20" Spread, Full
Estimated quantity 177 $1,628.40 $1,416.00 $1,727.52 $1,062.00
'4. Conocarpus erectus"sericeus'
SILVER BUTTONWOOD $190.00 /ea. $160.00 /ea. $346.38 /ea. $175.00 /ea.
10' Hr. X 5' Spread, single trunk
Estimated quantity 6 $1,140.00 $960.00 $2,078.28 $1,050.00
5. Cycas revoluta
KING SAGO $207.00 /ea. $300.00 /ea. $368.98 /ea. $215.00 /ea.
20-gal., 4' x 4'
Estimated quantity 15 $3,105.00 $4,500.00 $5,534.70 $3,225.00
6. Hamelia patens'African'
DWARF AFRICAN FIREBUSH $8.65 /ea. $9.00 /ea. $11.90 /ea. $6.75 /ea.
3-gal., 24" Ht.
Estimated quantity 145 $1,254.25 $1,305.00 $1,725.50 $978.75
7. Ilexvomitoria'Schellings Dwarf
DWARF YAUPON HOLLY $10.35 /ea. $9.00 /ea. $10.71 /ea. $6.25 /ea.
Estimated quantity 390 $4,036.50 $3,510.00 $4,176.90 $2,437.50
8. Neprolepis exalta'compacta'
DWARF BOSTON FERN $3.05 /ea. $4.50 /ea. $4.76 /ea. $6.00 /ea.
Estimated quantity 70 $213.50 $315.00 $333.20 $420.00
9. Quercus laurifolia
LAUREL OAKS $270.25 /ea. $350.00 /ea. $393.97 /ea. $250.00 /ea.
16' Hr. X 8' Spread, 6' C.T.
Estimated quantity 3 $810.75 $1,050.00 $1,181.91 $750.00
"1"0. St. Augustine 'Floratam' Sod
SOD $0.24/sq.ff. $0.26/sq.ff. $0.36/sq.ff. $0.35/sq.ft.
Estimated quantity 7,000 sq. ft. $1,680.00 $1,820.00 $2,520.00 $2,450.00
11. Irrigation Systems for 3 locations $5,400.00 $9,063.00 $5,676.98 $22,200.00
12. Indemnification $10.00 $10.00 $10.00 $10.00
TOTAL CONTRACT PRICE (Items 1-12) $22,123.50 $27,021.00 $28,062.74 $36,475.25
REF:s:\fin ance\forms\Seagate.xls~sdl\6/16~99
AGENDA ITEM NUMBER: ~ ~ ~
AGENDA REQUEST
Request to be placed on: Date: June 30, 1999
XX Consent Agenda ~ Special Agenda __ Workshop Agenda
When: July 6, 1999
Description of agenda item:
Purchase Award - Purchase of CrimeView/ArcView Crime Analysis/Mapping software
from International Development Advisory Services, Inc. (IDAS) for a total purchase of $31,245.00.
IDAS is the exclusive distributor in the State of Florida, per agreement with the Omega Group, the
developers and publishers of the CrimeView Software. The ArcView software, including the
Internet Map Server (IMS) are under SNAPS Agreement, 2521376, with the State of Florida and
that agreement is effective through February 2, 2000.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Purchase Award from International Development Advisory Services, Inc. (IDAS) for a total
cost of $31,245.00.. The funding for the software is being taken from two sources, $23,624.00 is
coming from account 001-2113-521-66.10 and coming from the Prior Year Surplus of the Law
Enforcement Trust Fund is the remaining balance, $7,621.00. IDAS is the exclusive distributor in
the State of Florida, per agreement with the Omega Group, the developers and publishers of the
CrimeView Software. The ArcView software, including the Internet Map Server (IMS) are under
SNAPS Agreement, 2521376, with the State of Florida and that agreement is effective through
February 2, 2000.
Department Head Signature: ~/.~..g~x'
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes V'/ ~ No
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
P.O. #
PURCHASING DIVISION
MEMORANDUM
DATE: June 30, 1999
TO: David Harden, City Manager
FROM: Jennifer Schillace, Buyer
THROUGH: Joseph Safford, Finance Director
RE: DOCUMENTATION
CITY COMMISSION MEETING - JULY 6, 1999
Purchase Award of CrimeView/ArcView Crime Analysis
Mapping Software from International Development Advisory
Services, Inc.
ITEM BEFORE COMMISSION:
City Commission is requested to approve the purchase of the
CrimeView/Arc¥iew, Crime Analysis/Mapping software as requested by the
Delray Beach Police Department. The funding for the software is being taken
from two sources, $23,624.00 is coming from account 001-2113-521-66.10 and
coming from the Prior Year Surplus of the Law Enforcement Trust Fund is the
remaining balance, $7,621.00. The total cost of this purchase is $31,245.00.
IDAS is the exclusive distributor in the State of Florida, per agreement with the
Omega Group, the developers and publishers of the Crime¥iew Software. The
ArcView software, including the Internet Map Server (IMS) are under SNAPS
Agreement, 2521372, with the State of Florida and that agreement is effective
through February 2, 2000.
BACKGROUND:
As per David Junghans, Administrative Services Director at the Delray Beach
Police Department, this software is part of the Police Department's five-year plan
to put in place a pre-active crime analysis system to better serve our community.
This project provides a mapping overlay system which can be tailored (by law
enforcement personnel) to present current crime activity in conjunction with any
other detailed information (school locations, parolee addresses, narcotics
activity, suspicious person, etc.) This product works parallel with a nationally
known project called "ArcView". This analysis and information system will
provide mapping of citywide information down to a specific address, both spatial
and threshold analysis (pro-active) and also post developed maps and
information to the Internet.
The Administrative Services Director at the Police Department recommends this
purchase from IDAS per the attached memorandum dated June 3, 1999.
Page 2
RE: DOCUMENTATION
CITY COMMISSION MEETING - JULY 6, 1999
Purchase Award of CrimeView/ArcView Crime Analysis
Mapping Software from International Development Advisory
Services, Inc.
RECOMMENDATION:
The Purchasing Division recommends the award to International Development
Advisory Services, Inc. (IDAS) for the purchase of the CrimeView/ArcView Crime
Analysis/Mapping software. IDAS is the exclusive distributor in the State of
Florida, per agreement with the Omega Group, the developers and publishers of
the CrimeView Software. The ArcView software, including the Internet Map
Server (IMS) are under SNAPS Agreement, 2521372, with the State of Florida
and that agreement is effective through February 2, 2000. The funding for the
software is being taken from two sources, $23,624.00 is coming from account
001-2113-521-66.10 and coming from the Prior Year Surplus of the Law
Enforcement Trust Fund is the remaining balance, $7,621.00.
Attachments:
Memo, 06/03/99
Proposal, 06/30/99 (1)
Requisition, 71655
cc: Jacklyn Rooney, Purchasing Supervisor ~-~."~-
David Junghans, Administative ServicesElirector
Tina Lunsford, Assistant Director/Support Services
International Development Advisory Services, Inc.
4651 Ponce de Leon Blvd., Suite 201, Coral Gables FL 33146
Telephone.' (305) 865-8303- Fax: (305) 665-8063
E-mall: info~Idasnet.cem
FACSIMILE COVER SHEET
TO: Ms. Tina Lunsford, Director,
City of Delray Beach Police Department Information Services
PHONE: (561) 243-7833
FAX: (561) 243-.7816
FROM: Lig[a Morales, Executive Assistant
, Email: l~omles(~.idasj3et.com .._
SUBJECT: Quote Price CdmeView and ArcView Software and Services
DATE: June 30, 1999
Transml#~ng (1) page(z) Including ~o~'er.~heet. Please advise (305) 665.8303 If doc~umerlt is not ~eceived In its entirety.
This is to follow up on your call of this morning requesting a single proposal for
CrimeView and ArcView software and related installation and training services.
This proposal reflects the information provided to you and Ed Smith in earlier
proposals and fax communications dated March 31, 1999. Please note:
· CrimeVi.ew software and related installation and training services, we are the
exclusive distributor in Florida, as per agreement with The Omega Group, the
developers and publishers of the software.
· ArcView 3.1 GIS software, including the Internet Map Server (IMS) is under
our SNAPS agreement with the State of Florida, No. # 2521376, and is
effective through February 2, 2000.
The following table summarizes our price proposal:
Item {Pm.duct and/~r Se .trices) .... Price'
CrimeView 1.5 plus ArcView GIS 3.1 bundle (1'~ license) $15,000.00
(includes first years maintenance and support)
'CdmeView + ArcView Installation ~nd Training ' ,.$4,750.(30
... c 'ewow .s' ,c ns.e) ...... S2, 5.oo
.ArcView Gis 3.1 (4Additional ,Licenses) .... $3,000.00
Arc~ew Intemet Map Server (IMS), including '1~ year Inte~et $5,500.00
Deployment License)
TOTAL ~ ., ~ $.31,245.00
Please do not hesitate to contact me or Mr. Bernard Spirited if you require further'
Crime Analysis Proposal
Delra Beach Police Department March3t, 1999
This is a proposal for the City of Delray Beach Police Department to develop a Geographic
Information System (GIS) based crime analysis system.
Our discussions reveal the need for both easy-to-use tools for analyzing trends and more
sophisticated analysis capabilities. Utilizing the crime data available from your crime report
databases, the department wishes to develop a crime analysis application for both
reporting and analyzing trends for internal and external consumption. In addition, the
department needs to further develop crime analysis skills and experience through training
and computerized crime analysis tools.
We hereby propose the utilization of CrimeView 1.5, a software package produced by The
Omega Group. CrimeView 1.5 is a crime analysis interface to ArcView GIS 3.1 or higher.
Therefore, ESRI's ArcView 3.1 is required as an operational base for CrimeView 1.5.
PROJECT GOALS
IDAS has developed the following set of preliminary project goals for the City of Delray
Beach Police Department's immediate crime analysis needs, including cost estimates for
products and services:
· 1. Import Crime Data
Import crime data into the crime analysis system automatically on a regular basis
from records management system (RMS) or computer aided dispatch (CAD). -""
2. Acquire and/or develop database components:
· Digital street geography
· Boundary and landmark data layers
· Geocode crime incident and field report data
3. Develop crime reporting, mapping and analysis capabilities under a simple
user interface for:
,, Internal weekly, monthly, and annual reporting needs
· Crime trend and more specific analyses
,, External public relations efforts
City of De/ray Beech Police Department Int. Development Advisory Services (IDAS)
Crfrne Anelysis/GIS Proposal I March 30, 1999
',M~-'~1-99 11 : 18 P.03
Crime Analysis Proposal z of 6- Final
Delr. a), Beach Police Department March 31,, 1999
4. Further develop clime analysis skills and experience through training and
incorporation of computerized crime analysis tools.
5. DATA REQUIREMENTS
Di.qltal Street File:
· Base data for crime analysis must include an accurate and address matchable
street database and the ability to keep it up-to-date. In pursuit of this, IDAS will
approach the Palm Beach County GIS Coordinator to obtain a digital copy of __
said street network file. ~'~
· If a digital street file is not available through Palm Beach County, IDAS will
extract an address-matchable street lille covering the Delray Beach municipal
limits from the ArqVi_ew Stree~map package. ,~.-
Boundary, Landmark Features and Aerial Photos to be Provided by the PD:
· Maps of the city boundary, and police jurisdictions (geographic report areas). ---
· Landmark information (e.g., such as schools and parks) depicted on a map or
in a text file with valid addresses.
· Aerial photographs are an optional geographic layer.
Crime Data:
· The Police Department will wish to include all or a portion of the crime
incidents/reports database in the crime analysis application.
· IDAS assumes that three months of historical crime report data may be made
available in a standardized format for geocoding and creating the import script.
The department must also determine which fields are necessary for reporting and
analysis. These data will be used for internal and public reporting as well as
analyzing long-term trends.
City of Delray Beach Police Department Int. Development Advisory Services (IDAS)
Crfme Analysis/GIS Proposal 2 March 30, fgg9
.M~r~31-99 11 : 18 P.04
Crime Analysis Proposal 3of6-Fi.a,
Delra Beach Police Department March 31, 1999
Geocodin(3:
IDAS assumes that the Delray Beach Police Department is capable of exporting
data from the CAD/RMS system in either a fixed-length ASCII, delimited text, or
dbase (version 4) format accessible to the ~G_I.S_ application.
· The files that are to be geocoded must be provided in their original exported
format.
If the geocoding has been done by the Department, then the data corrections
must be provided to IDAS for inclusion in the import script.
· It is imperative that ~these files are standardized and accurate for address
geocoding if the system is to be kept current.
· Records without valid addresses or intersection locations will be excluded.
· IDAS is responsible for the development of an automated data import routine,
including two-pass geocoding (see Customization).
CUSTOMIZATION
Reports:
IDAS will build four report masks based on the crime data provided. The Police
Department will identify which fields are to be included in each report. Tools for
further report customization and development are contained within CrimeView using
Crystal Reports.
Import Scripts:
IDAS will develop the tools to automatically access and process (two-pass
geocode, addresses and intersections) the exported data for inclusion into the
crime incident database (one import script is included).
Customized Queries:
IDAS will create customized queries based on the crime data provided.
City of Delray Beach Police Department InL Development Advisory Services (IDAS)
Crime Analysis/Gi$ Proposal 3 March 30, 1999
]1~,.ar~31-99 11:19 P.05
Crime Analysis Proposal 4of6-Final
Delra Beach Police Department March 31, 1999
7. TRAINING
CrimeView: In order to best utilize a crime analysis application, department staff
will require various levels of crime analysis software training for pertinent staff
(watch commanders, officers, and other department staff) and more advanced crime
analysis training for the crime analyst(s). To produce the best results for tbs efforts
involved, the crime analysis duties should be the primary focus of a few properly
trained staff members. Training costs for CrimeView for two persons is included in
the cost estimate. CrimeView training for additional persons is $595 per person.
ArcView: We feel that it is very important for the system administrator/user to
receive ArcView training (introduction to ArcView) prior to receiving CrimeView
training. At least one person, preferably the system administrator, should have a
solid understanding of ArcView. ArcView training for two persons is included in the
cost estimate. ArcView training for additional persons is $695 per person.
8, COST ESTIMATE
8.1. We propose a cost estimate of $19,750.00 for the following product and services
summaw to get the City of Delray Beach Police Department crime analysis
up-and-running based on the information provided:
Software
CrimeView 1.5./-/ (1 licensed copy)
ArcView GIS 3.1 (1 licensed copy)
Training and Installation
ArcView Training 2 persons/2 days
CrimeView Training 2 persons/1 day
CrimeView Installation 1 day
u Additional licenses: CrimeVlew ,~,rcVlew
2~ licensed copy $2,995 $ 750
3~ licensed copy $ f, 995 $750
4~ and 5~ additional licensed copies (each) $ 995 $750
6~" through fOm addiEonallicensedcopie~ (each) $ 695 $710
City of Delray Beach Police Department Int. Development Advisory Services (IDA$)
Crime Analy$i~/GIS Proposal 4 March 30, fggg
]Mar-j31-99 11 : 19 P.06
Crime Analysis Proposal
Delra Beach Police Department March31, 1999
Technical Suppod
One year of unlimited toll-free CrimeView technical support
Professional Services
Professional services including:
· Automatic daily data importing (1 script)
· Report mask/template creation
· Project management
· Digitize police jurisdictions
· Geocode three months of incident data
8.2. Both ESRI and The Omega Group stand behind their software products, and plan
to continue development of both ArcView and CrimeView software packages, with
upgrades available approximately every year. These upgrades will both
enhance the usability of the software as well as add additional functionality,
especially in the area of analysis tasks. Those users of CrimeView possessing
software support agreements will be able to obtain software upgrades at
discounted prices. Annual renewal of the CrimeView Technical Support
agreement is $2,000 for all CrimeView licenses.
9. CRIMEVIEW 1.5 FEATURES
CrimeView 1.5 includes the following list of query, report, and mapping featureS:
Queries:
· Incidents in a report area any existing or user-defined polygon(s)
· Incidents near and address (radius in feet or miles)
· Incidents near a landmark any point, line, or polygon landmark(s)
· Incidents near a known offender
· Known offenders near an incident
· Known offenders near an address
· Any ad hoc query performed using the ArcView interface
· Any number of Saved Queries can be developed for easy access
City of Delray Beech Police Department Int. Development Advisory Services (IDAS)
Crfrne Analysis/GIS Proposal 5 March 30, /ggg
Mar-31-99 11:19 P.07
Crime Analysis Proposal
De.!ray B...e.a.ch Police Departme. nt
Reports:
· Incidents, incident summary, and known offenders reports are standard
· Additional custom reports can be developed for any data table
· Instant Reports for any table can be generated on-the-fly
· Reports can include linked tables, charts, bitmaps, text files, etc.
New Features:
· Auto theft analysis
· Exception reporting
· Time series animation
· Combined date/time ranges dialogue
Maps:
Any number of themes (data layers) can be incorporated into a view,
including ArcView shape files, ARC/INFO coverages, AutoCAD drawings,
SQL connected data layers, aerial photos, etc. Any number of views of the
data can be developed. Any number of layouts (maps for printing) can be
developed or produced on the fly, and templates can be saved.
10. HARDWARE RECOMMENDATIONS
We suggest the following computer specifications for a system with a stand-alone
crime analysis application working with ArcView and CrimeView:
· Intel 233MHz Pentium II processor
· 64MB System RAM
· 12X CD-ROM drive
· 3.5" floppy drive and/or Iomega Zip Drive (100 MB)
· 4.0 GB hard drive (or larger)
· 4.0 GB tape backup system (or larger)
· PCl 64:bit video with 4MB video RAM
· Microsoft Mouse & 104-key keyboard
· Microsoft Windows 95 or NT
· 17"Video monitor (or larger)
City of Delrey Beach Police Depertrnent Int. Development Advisory Sen/fces (IDA$)
Crime Anelysis/Gl$ Proposal 6 March 30, fggg
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR OF COMMUNITY IMPROVEMENT/~-f//~
SUBJECT: CRA REQUEST TO RESOLVE LIENS AGAINST PROPERTY
LOCATED AT 107-109 SW 5TM AVENUE
DATE: JUNE 28, 1999
Item before the Commission
Consideration of the request from the Community Redevelopment Agency (CRA)
to waive all but $5,387.80 of the total of $12,058.51 in accumulated liens, interest
and administrative fees assessed against the property addressed 107-109 SW
5th Avenue. The accumulated amount is as of April 14, 1999.
Back.qround
The Commission has considered requests to reduce accumulated liens, interest
and administrative fees on properties located within the CDBG/CRA boundaries
in support of affordable housing programs. In this case, the agency is proposing
to acquire subject property by tax deed and to subsequently provide it to a
moderate-income family for construction of a single-family residence under the
"Renaissance" program.
The City has been abating nuisances on this property since 1987. In 1988, the
City demolished three unsafe structures on the property at a cost of $5,387.80,
including administrative fees. The CRA is proposing to pay the demolition costs
and administrative fees. They are requesting that the City waive the remaining
amount due of $6,670.71, consisting of approximately $1,110.84 in vendor
nuisance abatement payments (which are actual out-of-pocket expenditures for
the City), $1,120 in administrative fees, $52.81 in recording charges and
$4,386.99 in interest.
Recommendation
Staff is recommending that the City waive $6,670.71 in accumulated fees,
interest and administrative charges and that the CRA remit $5,387.80 as
requested. Copies of the CRA's request and the Finance Department's
calculations are attached.
Date: June 29, 1999 Agenda Item No. c~. ~,
AGENDA REQUEST
Agenda request to be placed on:
__X Regular __ Special __ Workshop __ Consent
When: July 6, 1999
Description of Agenda Item:
CRA Request to Resolve Liens Against Property Located at 107-109 SW 5th Avenue
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~ ~'~:: .. · .~__.~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~/No ~/~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
COmmunity
Redevelopment
Agency
Delray Beach
June 10, 1999
Ms. Lula Butler, Director
Co~u~W Improvement Depa~ment
City of Delray Beach
100 ~ 1 st Avenue
Delray Beach, Florida 33401
RE: Sylvia Schupler Trust
Lot 1.4, Block 30, Town of Delray
107 - 109 SW 5th Avenue
Dekay Beach, Florida 33444
Dear Ms. Butler:
We are interested in obtaining this abandoned property by tax deed acquisition and use it in
the "Renaissance" program. Our goal is to dean up all title issues and provide it to a low to moderate
income family for new construction for a single family residence.
In our research, we have found many liens on this property by the City. I've attached a copy
of what Karen Schell, in finance, has provided to us. We asking you to waive everything except for
invoice ti 12061 for $5,387.80. If this meets with your approval, please let me know.
Thank you for your attention to this matter. If you have any questions, please feel free to
contact me at (561) 276-8640.
Property A0quisition and Construction Department
Consultant to the CRA
cc: Christopher J. Brown, Executive Director d fi C E i V k L,
J U N 1 0 1999
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
Sheet1
S~ylvie Schupi~' Trust
Invoice Date invoice ~'Res # Amount Nuisance Admin Fee Recorcling Fee' Additional Fee
Abatement
9/10/98 12500'67-98 $ 132.71 $ 59.00 $ 55.00 $ 3,71 $ 15,00
4/9/98' 118,41'40-98 $ 133,24 $ 61.00 $ 55.00 $ 2.24 $ 15.00
9/15/97' 10209'85-97 $ 133,92 $ 61,00 $ 55.00 $ 2.92 $ 15.00
'~1/14/95' 8435'14-~7 $ 135.36 $ 61,00 $ 55,00 $ 4,36 $ 15.00
7/15/93 1948266-93 $ 147,54 $ 74.64 $ 55.00 $ 2.90 $ 15,00
2./11/93' 18888'14-93 $ 182.47 $ 110,12 $ 55.00 $ 2.35 $ 15.00
9110/92 180569~-92 $ 158.88 $ 86.38 $ 55.00 $ 2,50 $ 15.00
4/16/92 17289.35-92 $ 122.45 $ 50.00 $ 55.00 $ 2.45 $ 15.00
2113/92' 18847'21-92 $ 112,55 $ 40.D0 $ 55.00 $ 2.55 $ 15.00
12/9/91' 1669092-91 $ 106,34 $ 38.70 $ 50,00 $ 2.84 $ ~,5.00
11/1/91 1619681-91 $ 137.35 $ 65.00 $ 55.00 $ 2.35 $ 15.00
8/30/91' 16160'63-91 $ 8872 $ 16.00 $ 55.00 $ 2,72 $ 15,00
4/15tg1' 15711'24-91 $ 110.84 $ 58.00 $ 50.00 $ 2.84
2/20t91 15381 13-91 $ 107.;28 $ 55,00 $ 50.00 $ 2.28
8/20/90 1427973-90 $ 59,70 $ 32.50 $ 25,00 $ 2.20
8120190; 14280 73-90 $ 59,70 $ 32,50 $ 25.00 $ 2.20
3i2219O 14132~27-90 $ 122.12 $ 70,00 $ 50,00 $ 2.12
11/17/89 12894'86-89 $ 54.78 $ 27.50 $ 25.00 $ 2.28
11117189' 12895'86-89 $ 54.78 $ 27.50 $ 25.00 $ 2.28
11/28/88' 12061'76-86 $ 5,387,80 $ 5,333,92 $ 53,88
1/29f87' 8853 05-87 $ 122.313 $ 85,00 $ 35,00 $ 239
TOTAL $ 7,670.92 $ 6,444,76 $ 993,88 $ 52,2.8 $ lS0,00
Note: TotaJ balance due on this account as of 4/14/99 is $12 059.5 ~. The difference from [oral invoice amount
and balance is accumulative interest monthly,
MEMORANDUM
TO: DOUG RANDOLPH, TRAINING & DEVELOPMENT MANAGER
FROM: ALISON M. HARTY, CITY CLERK ~(}~L
SUBJECT: RESOLUTION NO. 39-99 (PALM BEACH COUNTY EMS GRANTS
PROGRAM
DATE: JULY 12, 1999
Attached for your use and reformation is a certified copy of Resolution No. 39-99 requesting funds
from the Palm Beach County Emergency Medical Services Grants Program to purchase an
additional Special Events Response Vehicle (SERV). This resolution was passed and adopted by the
De[ray Beach City Commission on July 6, 1999.
By copy of this memorandum, I am forwarding an executed copy of Resolution No. 39-99 to Chief
Rehr as well.
If you have any questions, please do not hesitate to contact me at ext.. 7050.
AMH/m
Attachment
Cc: ChiefRehr, Fire Department
[IT¥ OF OELRR¥ BER£#
DELRAY BEACH
00 N.W. 1 AVENUE · DELRAY FLORIDA 33444 · 243-7000
I
st
BEACH,
(561)
AII-AmericaCity
1993 TO: David T. Harden, City Manager
FROM: Robert Rehr, Fire Chief
DATE: June 18, 1999
SUBJECT: REQUEST CITY COMMISSION APPROVAL AND RESOLUTION
TO ALLOW PARTICIPATION IN THE PALM BEACH COUNTY
E.M.S. GRANTS PROGRAM.
Each year the County E.M.S. Grants Program makes funds available to licensed E.M.S.
Providers. To utilize these non-matching funds we must submit an application
requesting the purchase of equipment or services which are not budgeted through the City
and a supporting resolution from the City Commission. The resolution is needed to
demonstrate that the Delray Beach Fire and Emergency Medical Services Department, in
fact, represents the Emergency Medical Services for the City and that the equipment or
services purchased with these funds expands and improves the level of care provided to
our citizens.
For FY 99-2000 we wish to purchase an additional Special Events Response Vehicle
(SERV). The Delray Beach Fire Department provides EMS site coverage for City
sponsored special events. Data from both the Chamber of Commerce and our Parks and
Recreation Department reflect a 17% increase of visitor participation in these events
from FY 96/97 to FY 97/98. Our Department's dispatch records from FY 97/98 have 45
EMS calls being made associated with these special events. By adding an additional
vehicle, EMS delivery and response time will be enhanced to serve the increasing number
of citizens and visitors attending these special events.
We request this item be placed on the July 6, 1999 agenda. A copy of the proposed
resolution is attached for review.
Fire Chief
RBR/dgr/pro
attachments
cc: B. Fitzer, Acting Div. Chief/EMS
D. Randolph, Train. @ Dev. Mgr.
THE EFFORT ALWAYS MATTERS O(~' A'
{~ Printed on Recycled Paper
RESOLUTION NO. 39-99
A RESOLUTION OF THE CITY COb~XffISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM
BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANTS PROGRAM.
WHEREAS, the City of Delray Beach Fire and Emergency Medical
Services Department represents the emergency medical services interests of
the City of Delray Beach; and
~/I-IEREAS, the City of Delray Beach Fire Department is requesting
grant funding to purchase an additional Special Events Response Vehicle
(SERV). By adding an additional vehicle, EMS delivery and response time will
be enhanced to serve the increasing number of citizens and visitors attending
City-sponsored special events; and
WHEREAS, the City of Delray Beach Fire Department is eligible to
receive funds collected by the Emergency Medical Services Office pursuant to
Florida Statutes Chapter 401.113; and
V~rlEREAS, these funds are to be used to expand and improve the
City's level of emergency medical care to the citizens of Delray Beach and
enhance the emergency medical services operation; and
%*~rlEREAS, these funds are to be spent on equipment or services not
budgeted through the City of Delray Beach and which would otherwise be
unavailable.
NOW, THEREFORE, BE ITRESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor of the City of Delray Beach, Florida, is
hereby authorized to execute all documents which are necessary to complete
the request for funds from the Palm Beach County Emergency Medical Services
Grants Program.
PASSED AND ADOPTED in regular session on this the 6TM day of
July, 1999.
ATTEST:
City C~er~
10. Project Need Statement:
Write a ctea~, concise statement describing thc need(s) addressed by this project. Thl, must
'---" .include 1) numeric data, 2) tim~ frame for the data,. 3) source of the data, and 4) the
involved target population and geographic azea.
The Delray Beach Fire Department provides EMS site coverage for City
sponsored special events held throughout the year. Data received from the
Chamber of Commerce and the Parks & Recreation Department for the City
shows that in FY 96/97 there were 898,000 visitors in attendance, and FY 97/98
there were 1,068,000 visitors. This is an increase of 17% in total attendance of
special events. Run Report and Dispatch records from the Delray Beach Fire
Department indicate that in FY 97/98 the were 45 EMS calls associated with
special events. An additional Special Events Response Vehicle (SERV) designed
to deliver Emergency Medical Services in the unique environment associated
with large crowds is needed.
11. Project Outcome Statement:
Write a concise quantifiable statement describing the degree to which the need(s) will be
· ._..' cb..angcd by the project. This must contain.thc s~,~-ne four characteristics as the need
statement and indicam the cvaluadoa methods used to measure the efficiency and/or
effectiveness of the project' s outcome.
By adding an additional Special Events Response Vehicle (SERV), EMS delivery
and response by the Delray Beach Fire Department will be enhanced to serve
the 17% increase in visitor attendance 100% of the time. Evaluation of the
vehicle's effectiveness will be performed by reviewing Dispatch and Run Report
Records from the Delray Beach Fire Department.
You may artach additional pages, if necessary., to complete section ten and eleven.
MEMORANDUM
TO: MAYOR AND CITYCO~MISSIONERS
FROM: CITY MANAGER USv [
SUBJECT: AGENDA ITEM # ~ - REG~ MEETING OF JULY 6~ 1999
CONTRACT ADDITION (C.O. #1)/MAN CON, INC. (NORTHWEST A/~EA DRAINAGE~
ROADWAY AND UTILITY IMPRO~rEMENTS)
DATE: JULY 2, 1999
This is before the Commission to consider approval of a contract addition (C.O.
%1) in the amount of $215,119.00 with Man Con, Inc. for additional work related
to the Northwest Area Drainage, Roadway and Utility Improvements project.
On March 16, 1999, the City Commission awarded the initial contract in the
amount of $924,596 to Man Con, Inc. for improvements including approximately
3,300 linear feet of 8" diameter ductile iron pipe, 5 fire hydrants and 21
water services, as well as construction of stormwater management improvements
consisting of approximately 48 drainage structures and 5,700 linear feet of
concrete culverts. The project also included reconstruction of approximately
3,750 linear feet of roadway and asphalt overlay of approximately 1,800 linear
feet of roadway. The streets included in the contract were N.W. 3rd Street
from N.W. 3rd Avenue west to N.W. l0th Avenue, N.W. 7th and 8th Avenues from N.W.
3TM Street north to N.W. 4th Street and N.W. 4th Terrace, respectively, as well
as N.W. 4th Street and N.W. 4th Terrace from N.W. 8th Avenue east to N.W. 6th
Avenue.
The scope of work included in the contract addition includes abandoning the
existing 2" galvanized water mains and replacing them with new 8" ductile iron
water mans on N.W. 3rd Avenue, N.W. 5th Avenue and N.W. 6th Avenue from N.W. 3rd
Street to N.W. 4th Street/Lake Ida Road. Also included is the installation of
new water services on an existing 16" water main on N.W. 4th Avenue from N.W.
3rd Street to N.W. 4th Street/Lake Ida Road. Upon completion of the utility
improvements, the streets will be overlaid with one inch of asphalt.
The schedule of items attached to the contract addition references the
estimated quantities by street and the unit prices. The final requisition
amount will be determined by the actual measured quantities multiplied by the
respective unit prices. Funding will be from 442-5178-536-63.50 (W&S Renewal
and Replacement - Water Mains). This work was not included in the original bid
in order to prevent any further delay in starting the project.
Recommend approval of the contract addition (C.O. %1) with Man Con, Inc. for
the Northwest Area Drainage, Roadway and Utility Improvements.
Ref:Agmemoll.ManCon.NWAreaImprovements
Agenda Item No.: /F,/
AGENDA REQUEST
Date: June 30, 1999
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: July 6, 1999
Description of item (who, what, where, how much) :. Attached for Commission approval is an
agenda request for a Contract Addition (C.O. #1) to Man Con, Inc. on the N.W. Area Drainage, Roadway &
Utility Improvements (PN 98-47). The scope of work includes abandoning the existing 2" galvanized water
mains and replacing with new 8" ductile iron water mains on various streets in the NW area. The streets
include NW 3~ Ave, NW 5~ Ave and NW 6th Ave from NW 3~ St to NW 4th St. / Lake Ida Road. Also
included is the installation of new water services on an existing 16" water main on NW 4th Ave from NW 3"u
Ave to NW 4th St (Lake Ida Road). Upon completion of the watermain the streets will be overlayed with 1" of
asphalt.
The amount of the proposed work is $215,119.00 and is primarily based on unit prices already established in
the Contract. The schedule of items attached to the Change Order references the estimated quantities by
street and the unit prices. The final requisition amount will be determined by the actual measured quantities
multiplied by the respective unit prices.
Funding Source is 442-5178-536-63.50 (Water Mains)
ORDINANCE/RESOLUTION REQUIRED: YESjDRAFT ATTACHED YE/~
Recommendation: Staff Recomme~bappro~l of th~tract Addition (C.O. #1)to
Department Head Signature: ' 6- ~-~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (r/~%~red on all items involving expenditure of funds):
Funding available: ~YE~/NO
Funding alternativesv (if applicable)
Account No. & Description.,, ___ ~- ~/ 7~J~-~.~-O - ~/~ /Jf~'~
Account
Balance
/
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9847.doc
Memorandum
To: David T. Harden, City Manager
From: Howard Wight, Dep Director of Constr
Date: June 30, 1999
Re: N.W. Area Drainage, Roadway and Utility Improvements (PN
98-47)
Contract Addition for Water Main Upgrade Improvements
Attached for Commission approval is an agenda request for a Contract Addition
(C.O. #1) to Man Con, Inc. on the above referenced project. The scope of work
includes abandoning the existing 2" galvanized water mains and replacing with
new 8" ductile iron water mains on various streets in the NW area. The streets
include NW 3rd Ave, NW 5th Ave and NW 6~ Ave from NW 3rd St to NW 4th St. /
Lake Ida Road. Also included is the installation of new water services on an
existing 16" water main on NW 4th Ave from NW 3rd Ave to NW 4th St (Lake Ida
Road). Upon completion of the watermain the streets will be overlayed with 1" of
asphalt.
The amount of the proposed work is $215,119.00 and is primarily based on unit
prices already established in the Contract. The schedule of items attached to
the Change Order references the estimated quantities by street and the unit
prices. The final requisition amount will be determined by the actual measured
quantities multiplied by the respective unit prices.
Funding Source is 442-5178-536-63.50 (R&R - Water Mains)
file: 98-47(A)
TRINITY
LUTHERAN
30Y SCOUT
~' N.W. 4TH ST.
N.W. 4TH ST. 17
CASON CHURCH
57
COMMUNI3Y Z
2 8 CEN3][R
9' CEN ~R
HEAOQU~S PIG
5"B.P., 1 O"V RED.
r)ELRAY
POUC£
SOU '1~
COUNTY
SHEET 29 · o, ,oo =oo 3oo ~oo,
GRAPNIC SCaA.E IN FEET
W A T E R A T L A S TsOWNSHIP: 46 SHEET 30
ECTION= 17 (NORTH)
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRAC,T
CHANGE NO. 1 (Contract Addition) PROJECT NO. 98-47 DATE:
PROJECT TITLE: N.W. Area Drainage, Roadway and Utility Improvements
TO CONTRACTOR: Man Con, Inc..
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES 1N THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Construction of Water Mains per plan sheets lA - 4A titled "NW Area Drainage and Utility Improvements; Water
Main and Resurfacing Plan" by ESD/Shermeta dated June '99.
All improvements are to be constructed in accordance with the items and unit prices of Schedule 'A' attached. The
final amount will be determined from the actual measurements at the unit prices of Schedule 'A'.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 924,596.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 924,596.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 215,119.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,139,715.00
PER CENT INCREASE THIS CHANGE ORDER 23.2%
TOTAL PER CENT INCREASE TO DATE 23.2%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Man Con, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Sources is
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
for Environmental Services Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
.
808 ...... ooob ........ ~ ~ ~o
~ <
°1°1°1°1°1°1°1°1°1°1°1°1°1°/°1°1o ~ OlOlOlOlo m
~~o/o/o/o/o/ololololo/ooooooo ~~
City of Delray Beach Community Development Division
MEMORANDUM
TO: David Harden, City Manager
./9
THRU: Lula Butler, Community Improvement Director ~
FROM: Charles L. Bender III, Community Development Coordinator
DATE: June 25, 1999
SUBJECT: Resolution #43-99 Approval and Adoption of the Amendment to the State Housing
Initiatives Partnership (SHIP) Local Housing Assistance Plan
ITEM BEFORE THE COMMISSION
The purpose of this item is to obtain approval for the adoption of Resolution #43-99 amending the State
Housing Initiatives Partnership (SHIP) Program's Local Housing Assistance Plan for Fiscal Years 1998-
1999, 1999-2000 and 2000-2001 increasing the maximum subsidy level for low-income households to
$22,500.00.
BACKGROUND
For the past seven (7) years the Community Improvement Department has received housing assistance funds
from the State Housing Initiatives Parmership (SHIP) Program. SHIP funds are generated from
documentary stamp collections throughout the State at a rate of two cents per dollar and held in the State's
Housing Trust Fund. The State requires a Local Housing Assistance Plan be established outlining how the
City plans to administer the Local Housing Assistance Program once SHIP funds are received. The City
Commission passed Resolution #28-98 on April 21, 1998 approving the Local Housing Assistance Plan
(LHAP) for Fiscal Years 1998-1999, 1999-2000 and 2000-2001. The City's Local Housing Assistance Plan
specifies the maximum allowable assistance levels of $25,000 for very low, $20,000 for low and $15,000
for moderate income households.
The City Commission approved the Dekay Beach Housing Renaissance Program's Memorandum of
Understanding on June 15, 1999 which represents the City's Local Housing Assistance Program. The
Memorandum of Understanding's Policies and Procedures provides a subsidy grid to be used in
determining an eligible family's maximum level of assistance. The grid is designed to provide greater
assistance for lower median income households with larger families. Due to rising construction costs,
increased land values and the lower borrowing capacities of the homebuyers, the need to increase the
maximum subsidy level has become necessary. The additional $2,500.00 in subsidy will allow for the
continued success of the City of Delray Beach's housing program and help to ensure that SHIP program
expenditure deadlines are met.
RECOMMENDATION
Staff recommends approval of Resolution #43-99 amending the State Housing Initiatives Partnership
(SHIP) Program's Local Housing Assistance Plan for Fiscal Years 1998-1999, 1999-2000 and 2000-2001
by increasing the maximum assistance level for low income households to $22,500.00.
RESOLUTION NO. 43-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE PREVIOUSLY ADOPTED AND APPROVED LOCAL HOUSING ASSISTANCE
PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
AS ATTACHED HERETO, ESTABLISHING AN INCREASE TO THE MAXIMUM SHIP FUNDS
ALLOWABLE FOR ASSISTANCE, AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE
MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE OF FLORIDA
HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON
APPROVAL.
~HEREAS, the State of Florida, under specific authority established by
the William E. Sadowski Act in July 1992, established the State Housing Initiatives
Partnership (SHIP) Program, under which the City approved the required three year
Local Housing Assistance Plan outlining how funds will be used; and
~HEREAS, the City of Delray Beach has entered the Delray Beach Housing
Renaissance Program, a local partnership for the delivery of affordable housing; and
~VHEI~EAS, the Policies and Procedures, under the approved Delray Beach
Housing Renaissance Program Memorandum of Understanding, establishes maximum funds
allowable for assistance inconsistent with the State approved Local Housing
Assistance Plan FY 1998/99, 1999/2000 and 2000/2001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That during the three fiscal years covered under the Local
Housing assistance Plan, the maximum award will be limited to $25,000 for very low,
$22,500 for low and $15,000 for moderate income households for purchase assistance of
newly constructed and existing housing units; and $25,000 maximum for very low and
low income households for owner occupied rehabilitation, specific to the conditions,
strategies and eligibility determination under the guidelines of the SHIP Program and
the Local Housing Assistance Plan.
Section 2. That this Resolution shall become effective immediately upon
its passage.
PASSED A~WD ADOPTED in regular session on t~s the/~t~ay of July, 1999.
ATTEST:
- City C~erk-
II I
City of Delray Beach Community Development Division
MEMORANDUM
TO: Charles Bender, Community Development Coordinator
FROM: Michael Simon, Affordable Housing Administrator .~z,,~
DATE: June 24, 1999
SUBJECT: Local Housing Assistance Plan Amendment
The attached agenda request, agenda memo and agenda cover memo have been prepared
for the July 6, 1999 City Commission Agenda. This documentation is required to amend
the City approved State Housing Initiatives Partnership (SHIP) Program, Local Housing
Assistance Plan (LHAP) for Fiscal Year's 1998-1999, 1999-2000 and 2000-2001 in order
to increase the maximum allowable subsidy for low-income applicants. The reason for
this amendment pertains to the newly developed subsidy grid being used in the Delray
Beach Renaissance Program. Under the current LHAP, the maximum allowable subsidy
for low-income applicants is $20,000, while the subsidy grid provides the largest family
size for the low-income category to receive $22,500. The state allows the local
municipality to establish the maximum assistance level and to change it as desired. A
City Commission approval through resolution will be needed in order to comply with
State guidelines regarding plan amendments. (The change in allowable subsidy does not
require State approval only additions or deletions of strategies). Once approved, the
resolution and applicable verbiage changes will be sent to the State for their records.
If you have any questions or concerns regarding this initiative, please allow me to address
them.
RECEIVED "~//~
JUN 1 t ~999
CITY MANAGER
CITY OF DELRAY BEACH
MEMO
TO: David Harden - City Manager
FROM: Maureen Owens - Accountant II
THRU: Joseph~ance Director
Date: June 10, 1999
SUBJECT: Closing 1993 Bond Water and Sewer Fund
The Finance Department would like to request City Commission approval to close the
1993 Bond Water and Sewer Fund and transfer the funds to the Water and Sewer
Fund. The projects remaining in the 1993 Bond fund are the Military Trail Utility
Relocation and the Aquifer Storage and Recovery.
A total of $81,699 will be transferred, which includes the balance due for the projects.
Interest earnings and the remaining balances will be transferred and applied to
debt service.
cc: Milena Walinski -Assistant Finance Director
Rebecca O'Connor-Treasurer
[lTV OF DELRFI¥ BEI:IEH
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH Writer's Direct Line: 561/243-7091
Ali. America City_
1993
TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amie Clark v. City of Delray Beach
The Plaintiff, Amie Clark, through her mother, filed suit as a result of an accident which
occurred on December 8, 1994 while Amie was in the City's Afterschool Program.
Amie was taking tennis lessons at the City's tennis center when she alleges she slipped
and fell and injured her knee due to the fact that she was allowed to wear inappropriate
shoes on the tennis courts. Amie also alleges that after she fell the tennis instructor
manipulated her knee in such a way as to cause further injury. Amie was nine years old
when the accident occurred.
The Plaintiff's mother, through their attorney, has offered to settle this case with the City
for $33,000.00. The settlement includes all attorney's fees and costs. If the
Commission accepts this offer, the City Attorney's Office will obtain a complete release
of all claims. Our office recommends acceptance of this offer. The City's Risk
Manager, Frank Babin, and Steve Hanzman, adjuster for Gallagher Bassett, concur in
our recommendation.
By copy of this memo to David Harden, City Manager, our office requests that this
matter be placed on the July 6, 1999 City Commission agenda. Please call if you have
any questions.
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
FI~
AREA COOE 8ER EXTENSION
~ FAX
f3 MOBILE
~REA CODE NUMBER TiME TO CALL
TELEPHONED ~ CLEASE CALL ~ ~
nBu~ED Y00A OALL 'WILL OALL ~ASAIN '
C~MET0 sEEYOd ' : RUSH '
WANTS TO SE~ ~OU SPECIAL A~ENTI'O~ '
i ~AITING TO SE~ZdU HALOING LINE~
~ ~ ~ FORM 4007
SIGNED _~ MADE IN U.S.A.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~,
SUBJECT: AGENDA ITEM # q~- REGULAR MEETING OF JULY 6, 1999
APPOINTMENT TO DELRAY BEACH PUBLIC LIBRARY TASK TEAM
DATE: JULY 2, 1999
At the recent planning charrette for the Delray Beach Public
Library, the Community Redevelopment Agency and the Library Board
reached a consensus to organize a task team to review the various
issues involved with the Library's potential relocation and the
feasibility of moving the facility to the Kwik Stop/Discount Auto
Parts property on West Atlantic Avenue. Apparently, this site
was the first choice in terms of a desirable location.
In all likelihood the composition of the task team will consist
of a representative from the CRA Board, the Library Board, the
Delray Beach City Commission, the Palm Beach County Board of
County Commissioners as well as Chris Brown, CRA Executive
Director and John Callahan, Library Director. It was suggested
that Commissioner Archer be appointed to serve as the City
Commission's representative.
Recommend consideration of the appointment of Commissioner Archer
to the Delray Beach Public Library Task Team.
Re f: Agmemol 3. LibraryTas kTeam
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~I
SUBJECT: AGENDA ITEM # - REGULAR MEETING OF JULY 6, 1999
A~POINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: JUNE 29, 1999
With Michael Wright's election to the City Commission in March, 1999, a vacancy
was created on the Delray Beach Housing Authority to fill his unexpired term
ending July 14, 2002.
Per statute, an appointee may not be an officer of the City. Further, each
housing authority must have at least one member who is a resident, current in
rent, of the housing project or a person of low or very low income who resides
within the housing authority's jurisdiction and is receiving rent subsidy
through a program administered by the authority. There is a resident member
currently serving on the Delray Beach Housing Authority.
The following have submitted applications for consideration:
Janet E. Baron
Edward Desmond
Joe J. Farkas
Dawn Guzzetta
N. Jean Heinly-Bainer
Gail Lee-McDermott
Jeanette Slavin
Pursuant to Commission direction a check for outstanding liens/ code violations
was conducted. None were found.
According to Florida Statutes, members are appointed by the Mayor and ratified
by the City Commission. However, at the Commission meeting of June 5, 1991, a
consensus was reached whereby each Commissioner would, on an informal basis and
according to the rotation schedule, make a recommendation to the Mayor as to
the Housing Authority appointee.
Based on this system, the recommendation/appointment will be made by
Commissioner Wright {Seat %3), subject to acceptance by Mayor Alperin.
Recommend appointment of a regular member to the Delray Beach Housing Authority
to fill an unexpired term ending July 14, 2002.
Ref:Agmemo3.Appt.to DBHA
DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
Middle Initial
2. Home Address:~i'~o-.k. State Zip Code
3. Legal Residence City State Zip Code
4. Pr/nc/pa/Business Address: Zip
~'g C_~ ~,,,_ C',,~ ~ ~ ~,~.~ state Code
5. Home Phsne: (~{o[) ~%O -- ~-'t ok c~, Business Phone: (
6. What Board(s) are you interested in serving? ~/b ~",,.-v---o~
7. List all City Boards on which you are currently serving or have previously served:' (Please ihclude dates)
9. List any related professional certifications and licenses which you hold:
10. Give your Present, or most recent employer, and position: ~o.~ ~ ~ ~ ~.,....~k~..~
11. Describe exper/enO'es, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify thilt~ll the ~bove statements are trve~ and I agree and understand that any
misstatement of mater/a/facts contained in this application may cause forfeiture upon my part
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
sffbmitted. It will be the applicant's x~ll~lt~ure that a current application is on file.
~L'TI~'~BOARD~d~PL I CATI ON
JUL 0 11999
CITY CLERK
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~P~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JULY 6, 1999
NOMINATION TO SOUTH COUNTY JURY TRIAL FEASIBILITY
COMMITTEE
DATE: JULY 2, 1999
Attached is correspondence from Bob Weisman, County Administrator, wherein he requests that
the City of Delray Beach nominate one (1) representative for possible appointment to the South
County Jury Trial Feasibility Committee.
The Board of County Commissioners has established this committee to review and provide
recommendations regarding the feasibility of establishing additional Jury Districts in Palm Beach
County. Appointment of members will be at the discretion of the County Commission.
Note that nominations were supposed to be in by Friday, July 2nd. If the City Commission wishes
to nominate a representative, the Board Appointment Information Form will be faxed to the
County as soon as possible.
Recommend Commission consideration.
Ref: Agmemo 12. SouthCount yJuryCommit tee
June 18, 1999
Honorable Jay Alperin
Depa~mentof Public Affairs Mayor, City of Delray Beach
p.o. Bo× ~989 100 N. W. First Avenue
West Palm Beach, FL 33402-1989 Delray Beach, Florida 33444
93o-,3~4 Re: South County Jury Trial Feasibility Committee
FAX: (56]) 355-38]9
,¥,'~,.co.pa~m-beachnus Dear Mayor Alperin:
As you know, .the Board of County Commissioners has established
· the above-referenced Committee to review and provide
recommendations regarding the feasibility of establishing additional
Jury Districts in Palm Beach County.
Palm Beach County
~oa~ o~ county In accordance with the attached Resolution, it is requested that the
Commissioners
City of Delray Beach nominate one (1) representative for possible
Maude Ford Lee, Chair appointment to this Committee. Appointment of members will be at
Warren H. Newet], Vice Chairman the discretion of the Board. Please send your nominations by
Friday, July 2, to Denise Cot6, Public Affairs Director. A copy of the
~ren T. Marc~s County's Board Appointment Nomination Form is attached.
Carol A. Roberts
It is intended that the Committees shall remain active for up to two
Mary McCarty
(2) years and that they will present findings and recommendations
~rt ~aronso~ to the Board of County Commissioners. All meetings shall be open
Tony Masilotti to the public. If you have questions or comments, please contact
Denise at 355-3808.
Sincerely,
County Administrator ~ ~
Robert Weisman
Robert Weisman
County Administrator
Attachments: as noted
cc: Denise Cotb, Public Affairs Director
Gordon Selfridge, Chief Deputy County Attorney
jury618
'An Equal OpporfuniO,
Affirmative Action Employer"
~ printed on recycled paper
RESOLUTION NO. R-99-
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,
CREATING THE SOUTH COUNTY JURY TRIAL
FEASIBILITY COMMITTEE; PROVIDING FOR
MEMBERSHIP; PROVIDING FOR MEETINGS AND
ORGANIZATION; PROVIDING FOR DUTIES AND
FUNCTIONS; PROVIDING FOR COMMITTEE ACTION
ADVISORY ONLY; PROVIDING .FOR ASSISTANCE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICT WITH FEDERAL OR STATE LAWS OR
COUNTY ORDINANCES.
WHEREAS. under the current central jury system, prospective jurors who reside in southern
Palm Beach County are required to travel to the main courthouse in West Palm Beach: and
WHEREAS, the South County Courthouse was established to accommodate the growing
number of cases arising in southern Palm Beach County; and
WHEREAS. the Board of County Commissioners of Palm Beach County has determined that
it is in the best interest of the County that an advisory committee be formed to review and provide
recommendations regarding the feasibility of establishing a south Palm Beach Count.,,' Juts' District.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that:
Section 1. Creation. Upon adoption of this Resolution by the Board of County Commissioners,
there is created and established a committee to be known as the South County Jury Trial Feasibility
Committee ("Committee").
Section 2. Membership.
A. The Committee shall c'onsist of fifteen (15) members, who shall be appointed by the
Board of County Commissioners as follows:
1. One ( 1 ) member shall be recommended by the Alliance of Delray Residential
Associations.
2. One (1) member shall be recommended by the West Boca Community
Council.
3. One (1) member shall be recommended by the Coalition of Boynton West
Residential Associations.
4. One (t) member shall be recommended by the Progressive Residents of
Delray.
5. One (1) member shall be recommended by the Chief Judge of the Circuit
~ Court of Palm Beach County.
6. One ( l).member shall be recommended by tbe South County Bar Association.
7. One ( I ) member shall be recommended by the City of Boynton Beach.
8. One (1) member shall be recommended by the City of Delray Beach.
9. One (1) member shall be recommended by the City of Boca Rat'on.
10. One (1) member shall be recommended by the Palm Beach County Public
Defender.
11. One (1) member shall be recommended by the State Attorney from the 15th
Judicial Circuit of Palm Beach'County.
12. Four (4) members selected by County Commissioners at large who are
residents of or who represent South County.
B. Appointment of new members to fill vacancies in the Committee created by
resignation shall be made by the Board of County Commissioners as recommended by the person,
group or entity that Was responsible for recommending the original appointment.
Section 3. Term. The Committee shall remain active for two (2) years from the date of its
creation or until the Committee has presented a final study, containing its findings and
recommendations, to the Board of County Commissioners, whichever occurs first.
Section 4, Meetinl~s and Organization, The Committee shall establish a time and place for
: holding meetings as may be necessary and shall adopt such rules of organization and procedure as
,:
. may be required. The Committee may appoint a chairman and vice chairman, may establish
subcommittees for specific subjects or taslcs, and may invite participation in the subcommittees by
non-members in order to obtain input from other sectors of the public interested in the establishment
· of a south Palm Beach County Jury District. All meetings of the Committee, and any of its
:~ subcommittees, shall be open to the public, duly advertised and otherwise comply with all applicable
requirements of Florida's "Government-in-the-Sunshine' and "Public Records" laws.
Section 5. Duties and Functions. The Committee shall review and make recommendations to
the Board of County Commissioners regarding the feasibility of establishing a south Palm Beach
County Jury District.
Section 6. (~ommittee Action Advisory Only. The actions, decisions, and recommendations of
the Committee shall not be final or binding on the Board of County Commissioners, but shall be
advisory only.
Section 7. Assistance. The Committee may request information, advice or assistance from any
department or agency of the County, regional, state, federal or local governments in furtherance of
its duties and functions. The County Administrator shall designate staff from an appropriate Count)'
Department to provide administrative support to the Committee. Upon approval of the Board of
County Commissioners. the Committee may accept donations or other monetary or physical
assistance to accomplish its goals.
Section 8. Severabilitv. If any section, paragraph, sentence, clause, phrase, or word of this
Resolution is, for any reason, held by the Court to be unconstitutional, inoperative, or void. such
holding shall not affect the remainder of this Resolution.
Section 9. Conflict with Federal or State Law or County Ordinance. Any statutory or
Ordinance provisions in conflict with this Resolution shall prevail to the extent of the conflict.
The foregoing resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner , and upon being put
to a vote, the vote was passed as [ollows:
COMMISSIONER MAUDE FORD LEE, CHAIR -
COMMISSIONER WARREN NEWELL VICE CHAIRMAN -
COMMISSIONER KAREN MARCUS --
COMMISSIONER CAROL ROBERTS --
COMMISSIONER MARY McCARTY --
COMMISSIONER BURT AARONSON --
COMMISSIONER TONY MASILOTTI --
The Chair thereupon declared the resolution duly passed and adopted this day of
, 1999.
PALM BEACH COUNTY, FLORIDA, BY 1TS BOARD OF
COUNTY COMMISSIONERS
Dorothy H. Wilken. Clerk
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEG SUmCmNCY
BOARD OF COUNTY COMMISSION
· . . BOARD APPOINTMENT INFORMATION FORM
Part I:
Board Name:
[ ] At Large Appointment or [ ] District Appointment
Term of Appointment: years. From To
Seat Requirement: Seat #
[ ]**Reappointment or [ ] New Appointment
or [ ] to complete the term of
due to: [ ]resignation [ ]other
completion of term to expire on:
Part Il: APPLICANT, UNLESS EXEMPTED, MUST BE ,4 COUNTY RESIDENT
Name:
Occupation/Affiliation:
Business Name:
Business Address:
City & State: ZipCode:
Residence Address:
City & State: Zip Code:
Home Phone: Business Phone:
Mailing Address preference: [ ] Business Address [ ] Residence Other or [ ] other:
Minority Identification Code:
[ JIF (American Indian Female) [ JIM (American Indian Male)
[ ]AF (Asian Female) [ ]AM (Asian Male)
[ ]BF (Black Female) [ ]BM (Black Male)
[ ]HF (Hispanic Female) [ ]HM (Hispanic Male)
[ ]WF (White Female) [ ]WM (White Male)
Part III: COMMISSIONER COMMENTS
Appointment to be made at BCC Meeting on:
*When a person is being considered for re-appointment, the number and nature of
previously disclosed voting conflicts shall be considered by the Board of County
Commissioners.
w Number o f previously disclosed voting conflicts.
Signature: Date:
Appoint.rrm revised 3/7/97
TO: DAVID.~. HARDEI~I, CI..TY MANAGER p~:~-- I's~ ~
cos, o,°
SUBJECT: MEETING OF JULY 6, 1999
CONSlDE~TION OF AN AMENDMENT TO LDR SECTION 4.6.13 REGARDING
TRUCK PARKING IN THE R-t-A ZONE DISTRICT.
LDR Section 4.6.13 provides for restrictions on the parking of various types of vehicles (i.e. trucks, boats,
etc.) within residential neighborhoods. Regarding trucks, it states that only panel, pickup, van, and similar
type trucks are allowed, up to a specified size. In the R-1-A zoning districts, trucks may have up to 1% ton
capacity. In all other residential zoning districts, including multi-family zones, truck size is limited to % ton
rated capacity. This variance exists because of the practice in many of the City's older, working-class
neighborhoods of parking the company truck at home overnight. It was felt that requiring such vehicles to
be stored elsewhere would create a burden for many people who have small contracting, landscaping,
and similar type businesses.
In March of 1998, the City adopted the Seacrest/Del-lda Neighborhood Plan. One component of that plan
was to rezone the multi-family zoning designations in the study area to single family. Due to the generally
small sized lots and the existing development pattern, the R-1-A zoning district was applied. The rezoning
was adopted on October 20, 1998.
An unintended consequence of that action is that residents of those areas may now park large trucks and
commercial vehicles in their driveways. A request was received by the Seacrest Homeowners Association
to amend the LDRs to eliminate this provision for their area. In response, the attached LDR amendment is
proposed. Additional background and an analysis of the request are found in the attached Planning and
Zoning Board staff report.
PLANNING AND ZONING BOARD cONSIDERATION
The Planning and Zoning Board held a public hearing regarding this item at its meeting of June 21, 1999.
There was public testimony from the Seacrest Property Owners Association in support of the request, and
no testimony in opposition. Some of the Board members voiced concerns of persons purchasing R-1-A
property, without being aware of the text provisions. After discussing the text amendment, a motion was
made to recommend approval of the text amendment, however, the motion failed on 3-4 vote (Bird,
McCarthy, Morris, Young dissenting).
RECOMMENDED ACTION
By motion, approve on first reading a text amendment to LDR Section 4.6.13 Parkinq and Storaqe of
Commercial Vehicles, Boats, Trucks, and Similar Vehicles as attached, based upon positive findings with
respect to LDR Section 2.4.5(M)(5), and setting a public hearing date of July 20, 1999.
Attachments: P&Z Staff Report and Documentation of June 21, 1999
Ordinance by Others
1o. .
ORDINANCE NO. 25-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH BY AMENDING SECTION 4.6.13, "PARKING AND
STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND
SIMILAR VEHICLES", TO AMEND THE PARKING AND
STORAGE REQUIREMENTS AS THEY RELATE TO TRUCK
PARKING IN THE SEACREST/DEL-IDA PARK NEIGHBORHOOD
PLAN AREA IN THE R-1-A (SINGLE FAMILY RESIDENTIAL)
ZONE DISTRICT WITHIN THE CITY OF DELRAY BEACH;
PRROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public
hearing on June 21, 1999, and voted 3 to 4 to forward a
recommendation that the text amendment not be adopted; and
WHEREAS, the City Commission has determined and finds that
the proposed text amendment is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.6, "Supplemental District Regulations", Section 4.6.13,
"Parking and Storage of Commercial VehicLes, Boats, Trucks, and
Similar Vehicles", of the Land Development Regulations of the City
of Delray Beach, is hereby amended by repealing Subsection
4.6.13(B) (1), "Trucks", and enacting a new Subsection 4.6.13(B) (1),
"Trucks", to read as follows:
(B) Permissible Parking:
(1) Trucks: Truck parking in residential zoninq
districts is prohibited except if all of the
following restrictions are met:
(a Only panel, pickup, van and similar type
trucks are allowed in all residential
zoninq districts.
(b In the R-1-A district, such trucks shall
not exceed one and one-half (1-1/2) ton
rated capacity, except in the R-1-A zoned
section included within the Seacrest/Del-
Ida Park Neiqhborhood Plan, where such
trucks shall not exceed three-quarter
(3/4) ton rated capacity. In all other
residential zoning districts, such trucks
shall not exceed three-quarter (3/4) ton
rated capacity.
(c No more than two (2) trucks may be parked
on a lot improved with a residence. For
the purposes of Section 4.6.13(B) (1), a
lot includes the property on which the
residence is located and any adjacent lot
which is under the control of the owner or
lessee of the residence. Parkinq on
vacant lots is otherwise prohibited.
(d Only trucks as defined in this section and
used by a resident of the premises are
allowed.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
- 2 - Ord. No. 25-99
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading:
Second Reading:
- 3 - Ord. No. 25-99
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JUNE 14, 1999
AGENDA ITEM: V.D. AMENDMENT TO LDR SECTION 4.6.13, REGARDING
TRUCK PARKING IN THE R-1-A DISTRICT
I' ~ · ITEM BEFORE:iTHE BOARD
The item before the board is that of making a recommendation to the City Commission
on a proposed amendment to Section 4.6.13 of the Land Development Regulations
(LDRs), Parkinq and Storaqe of Commercial Vehicles, Boats, Trucks, and Similar
Vehicles.
Pursuant to LDR Section 1.1.6, amendments to the LDRs may not be made until a
recommendation is obtained from the Planning and Zoning Board.
I '" · BACKGROUND
Section 4.6.13 provides for restrictions on the parking of various types of vehicles (i.e.
trucks, boats, etc.) within residential neighborhoods. Regarding trucks, it states that
only panel, pickup, van, and similar type trucks are allowed, up to a specified size. In
the R-1-A zoning districts, trucks may have up to 1% ton capacity. In all other
residential zoning districts, including multi-family zones, truck size is limited to % ton
rated capacity. This variance exists because of the practice in many of the City's older,
working-class neighborhoods of parking the company truck at home overnight. It was
felt that requiring such vehicles to be stored elsewhere would create a burden for many
people who have small contracting, landscaping, and similar type businesses.
In March of 1998, the City adopted the Seacrest/Del-lda Neighborhood Plan. One
component of that plan was to rezone the multi-family zoning designations in the study
area to single family. Due to the generally small sized lots and the existing
development pattern, the R-1-A zoning district was applied. The rezoning was adopted
on October20, 1998.
An unintended consequence of that action is that residents of those areas may now
park large trucks and commercial vehicles in their driveways. A request was received
by the Seacrest Homeowners Association to amend the LDRs to eliminate this provision
for their area. In response, the attached LDR amendment is proposed.
P & Z Memorandum Staff Report
Truck Parking in the R-1-A Zone
P a g_.e_ 2
' ANALYSIS II
The amendment re-states the existing language in the affected section in a listed [(a)
through (d)] fashion. Trucks of up to 1% ton capacity will continue to be permitted within
the R-1-A district, except within the R-1-A zoned portion of the Seacrest/Del Ida area.
This will maintain the prohibition on larger truck parking that existed when the areas
were zoned RL and RM.
LDR Section 2.4.S(M)($) (Findings): In addition to provisions of Section 1.1.6(A),
the City Commission must make a finding that the text amendment is consistent
with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan.
The Seacrest/Del Ida neighborhood is classified in the Housing Element of the
Comprehensive Plan as a "revitalization" area. Objective A-5 of the Housing Element
states the following: "For those areas identified as needing "revitalization" the city shall
take measures to prevent further decline, and to help move the neighborhood toward a
classification of "stabilization" or "stable." One of the strategies for achieving this
objective is described in Policy A-5.5, which states that neighborhood plans are to be
developed for these areas.
The SeacrestJDel Ida Neighborhood Plan was adopted in order to help stabilize and
upgrade an older area of the City that has experienced a transition due to increased
traffic and development intensities, and a significant portion of renter-occupied housing.
The City, the CRA, and the residents (through a special assessment district) are making
a substantial investment in infrastructure improvements, beautification, and traffic
calming measures in order to stabilize property values and improve the appearance of
the neighborhood. In order to improve drainage and reduce the negative impact of
numerous cars parked along the street, paved areas in the swales are to be eliminated
and replaced with sod. Street trees will be planted to provide a shade canopy. To allow
large trucks and commercial vehicles to be continuously parked on private driveways
runs counter to these beautification efforts.
RECOMMENDED ACTION I
By motion, recommend to the City Commission approval of the amendment to Land
Development Regulations Section 4.6.13 Parkinq and Storaqe of Commercial Vehicles,
Boats, Trucks, and Similar Vehicles as attached, based upon positive findings with
respect to LDR Section 2.4.5(M)(5).
Attachments:
· Proposed LDR Amendment
· Letter from Scott Christiansen, President
Seacrest Homeowners Association
· Letters from Seacrest Area Residents
PROPOSED LDR AMENDMENT
SECTION 4.6.13 Parking and Stor.a.qe of Commercial Vehicles, Boats, Trucks, and
Similar Vehicles:
Subsection (B): Permissible Parkin.q:
CURRENT I._ANG UA GE:
(1) Trucks: Restrictions on truck parking shall be applicable in all residential
zoning districts and shall permit only panel, pickup, van, and similar type trucks, not
over % ton rated capacity. In all R-lA zoning districts, the restrictions shall apply to
trucks of one and one-half (1-1/2) ton, or greater, capacity. In all residential zoning
districts, no more than two (2) trucks may be parked on a lot improved with a residence.
Such vehicle must be used by a resident of the premises. For purposes of this section,
a lot includes the property on which the residence is located and any adjacent lot which
is under the control of the owner or lessee of the residence. Parking on vacant lots is
otherwise prohibited.
PROPOSED LANGUA GE:
(1) Trucks: Truck parking in residential zoning districts is prohibited except if all
of the following restrictions are met:
(a) Only panel, pickup, van, and similar type trucks are allowed in all
residential zoning districts.
(b) in the R-1-A district, such trucks shall not exceed one and one-half (1 ~ )
ton rated capacity, except in the R-1-A zoned section included within the
Seacrest/Del-lda Neighborhood Plan, where such trucks shall not exceed
three quarter (3/4) ton rated capacity. In all other residential zoning
districts, such trucks shall not exceed three quarter (3/4) ton rated
capacity.
(c) No more than two (2) trucks may be parked on a lot improved with a
residence. For the purposes of Section 4.6.13(B)(1), a lot includes the
property on which the residence is located and any adjacent lot which is
under the control of the owner or lessee of the residence. Parking on
vacant lots is otherwise prohibited.
(d) Only trucks as defined in this section and used by a resident of the
premises are allowed.
/,-13-99 08:30 E~ecu%ive office 561-274-2028 P.O1
RECEIVED
· ,
APR
VIA FAX 561.243.7166 -
CITY MANAGER
Mr. David Harden
Delray Beach City Manager
Deiray Beach, Florida
33444
Dear Mr. Harden:
It has been brought to my attention that there is a situation that has arisen
due to the rezoning in the Seacrest Neighborhood. On 9th, between
Seacrest and 3'~, there is an oversized ton and a half truck parking at a
residence.
Under the prior zoning, this size vehicle was not permit-ted. When the down
zoning was implemented, this size is permitted. This does not seem logical or
the intent of down zoning. We are requesting that Planning and Zoning
review this situation and, if possible, implement changes in regulations to
eliminate this situation. We believe this will be further in keeping with the
efforts of the City to improve the neighborhood.
Your assistance with this matter is greatly appreciated. If we can be of any
assistance, please contact me at any time.
Sincerely,
Scott Christensen
President, Seacrest Neighborhood Association
~~/-¢~'~ RECEIVED
JUN I 5 1999
DON GOODRUM ?LAI'~I~I,~U ~ ZOi~iNG
229 ".E. 9 St., Delray Beach, Florida 33444 ~2~rt;f2~l j~
Studio: 112 S. ~eral H~., ~ynton Beach, Florida 33435 (305) 737-215S
June 14, 1999
Diane Dominquez, AICP
Director of Planning and Zoning
City Hall
100 N W 1st Avenue
Delray Bch., F1 33444 '
Dear Ms. Dominquez:
As I can not be at the meeting on 6-21-99, I hope this letter
will show my support to an amendment to the R1A Zoning.
A year ago my sister, Chris Goodrum, and I met and worked with
Mr. Meteer, Mr. Sones and others to remove the over sized trucks
from parking on our street. This was our first effort in trying
to beautify our neighborhood and keep our property values up.
With their help and the planning and zoning department..this
happened! The owners were cited and the trucks were removed!!
But then "somehow" the streets (five) were rezoned and the
trucks were back!!
I hope the amendment can rezone and change this unsightly scene.
This is a residental neighborhood ..not a commercial one.
Please take this into consideration and act upon this as soon
as possible.
Sincerely,
Betty R. Clifton
233 N E 9th St.
Delray Bch, F1 33444
cc: Pat Archer
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AG~.NDA IT~M #/0~)- R~G~LAR ~.TING OF gUL¥ 6~ 1999
ORDINANCE NO. 20-99 (RETIREMENT BENEFIT ENHANCEMENT FOR
RETIREES OF THE GENERAL EMPLOYEES PENSION PLAN)
DATE: JUNE 30, 1999
This is second reading and a public hearing for Ordinance No. 20-99
which amends Chapter 35, "Employee Policies and Benefits",
Subheading "Retirement Plan", of the City Code by amending Section
35.098, "Supplemental Retirement Income and Minimum Benefits", to
provide certain eligible members and their beneficiaries who retired
under the General Employees pension plan with enhanced benefits,
including an increased minimum benefit for participants with ten or
more years of credited service.
The ordinance provides for a five percent (5%) increase (not to
exceed over $100.00 per month), effective August 1, 1999, for
general employees who retired prior to September 30, 1993. The
minimum normal retirement pension has been increased from $400.00 to
$500.00 per month.
An actuarial impact statement is attached. The end result is that
the proposed change in benefits would have no effect on the required
employer contribution.
At first reading on June 15, 1999, the City Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 20-99 on second and final
reading.
Ref:Agmemo15.Ord.20-99.Gen. Emp. ~~
ORDINANCE NO. 20-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEES POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY AMENDING SECTION 35.098,
"SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM
BENEFITS", TO PROVIDE CERTAIN ELIGIBLE MEMBERS AND
THEIR BENEFICIARIES WHO RETIRED UNDER THE GENERAL
EMPLOYEES PENSION PLAN WITH ENHANCED BENEFITS,
INCLUDING AN INCREASED MINIMUM BENEFIT FOR
PARTICIPANTS WITH TEN OR MORE YEARS OF CREDITED
SERVICE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to enhance certain
retirement benefits for certain retirees covered under the General Employee's Pension Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
35.098, "Supplemental Retirement Income and Minimum Benefits", to read as follows:
Section 35.098. SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM
BENEFITS
Effective as of January 1, 1993, all participants or beneficiaries of participants who
were receiving benefits under the plan prior to January 1, 1991, shall have the monthly amount of
retirement income increased by five percent (5%) over the gross amount they were receiving in
December of 1990. In addition, effective August 1, 1999, all participations or beneficiaries of
participants who were receiving benefits under the plan prior to September 30, 1993 shall have the
monthly amount of retirement income increased by five percent (5%) ov~t they
were receiving in August of 1993 provided; however, this increase effective July 1, 1999 s~l not
exceed one hundred dollars ($100.00) per month ......... , ...... ~ _., Eff~ 1999, all
participants with ten (10) or more years of credited service, and designated beneficiaries of such
participants who receive plan benefits that are based on or derived from the Participant's normal
retirement income, regardless of the participant's retirement date, shall receive ~benefits based on a
minimum monthly normal retirement income mount of at least $41~. five hundred dollars ($500)
per month.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the pan
declared to be invalid.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and f'mal reading on this the
6th day of July , 1999.
~2ity Clerk
First Reading June 15, 19 9 9
Second Reading July 6, 1999
07/0i/99 Till! 14:32 FAX 9545250083 GABRIEL,ROEDER,SMITI~C0. ~007
GABRIEl.. ROEDER, SMITH & COMPANY
Consul~nts & At-ruBrics
301 East L&s Olas BlVd. · Stj~ 200 - FL ~luden~de, i~. 33301. 954.527.1616. FAX cj54.~
July 1, 1999
Mr. Charles Slavin, Actuary
Bureau of Local Retirement Systems
Division of Retirement
Cedars Executive Center, Bldg. C
:2639 North Monroe Street
Tallahassee, Florida 32399-1560
Re: Actuarial Impact Statement for the Retirement Plan for Employees
of the City of Delray Beach
Dear Mr. Slavin:
Please review the enclosed ordinance which would provide a one-time increase in benefits for
those retired before September 30, 1993 and which would also raise the minimum monthly benefit
from $400 to $500 for those who have at least ten years of service.
it is being proposed that this change in benefits would be funded from unrecognized investment
gains. In other words, the actuarial value of assets would be increased by an amount equal to the
present value of benef'~ attributable to the change. At September 30, 1998, the amount of
unrecognized investment gains was $8,069,140. The value of benefits attributable to the
proposed change is $346,953. Therefore, unrecognized gains would be reduced by $346,953
thereby increasing the actuarial value of assets by a like amount. The end result-is that the
change in benefits would llave no effect on lhe required employercontdbution. ~
Enclosed tables show the actuarial impact of this proposal. With the exception just noted, this
Statement has been prepared using the same member data, asset information, and actuarial
assumptions and methods as were used in the October 1, 1998 Actuarial Valuation Report.
In our opinion, the changes are in compliance with Part VII, Chapter 112, Florida Statutes and
Section 14, Article X of the State Constitution.
Respectfully submitted,
For the Board of Trustees
As Plan AdminiStrator
/r j. Stc~phen Palmquist, ~(~A, MAAA. MCA
Enrolled Actuary No. 99~'1560
; 07/~i/99 TFfU 14:32 FA~ 9545250083 GABRIEL,ROEDER,SMITH&CO. ~008
............ "' i': d~.~A[-UATIoNiRESULTS '
T~':~::~.'::.':..'. , ':':':*. SUMMARy'~ . '..':'~"~.*:
............. '. , :,' {:..::..... ,.: . . ............ ,, '.,:: ....: ... :,..:: .,
Before After
Changes Changes
i: ':'" ":" " '~i ' . ' ': i ': ....... ......... :' : '..'"::'::'~"
A. Number Included in the Valuation
1. Active Members 350 350
2. Inactive Members 137 137
B. Covered Annual Payroll $10,830,498 $10,830,498
.......... '" ...... ' ............ : .... :: .... · '1":::':':~:.:':~':'..:.." :.*: ~' ':' i:".'!'i'.'.." i' ' ·
C. Actuarial Present Value of Projected Benefits 43,871,021 44,235,974
D. Actuarial Value of Assets 43,376.078 43,741,031
E. Actuarial Present Value of Future Contributions
1. Total: C-D 494,943 494,943
2. Portion Assigned to Unfunded Actuarial
Accrued Liability (UAAI_) 0 0
3. Portion Assigned to Futura Normal Costs 494,g43 494,943
........ .,.,~.. ,,.",,,,L::......,.,.,,..':,.'.,~.,;.,. ,,,' .... : ...... ',, , = ..... ,.,: ,.. : ':::::.::.' , .-', .................
:?~i~i~A~,~: .~a~U~:COST.:,.' .':: ,~::". :.:"":' ': ..... .... '"... ' '"'.. ': ........ : . ......... ' ..... .......... '" ""' ' ,,,':' :: :":. ,.: , ....
F. Annual Payment Needed to Amortize UAAL 0 0
AS%afB -- --
G. Annual Employer Normal Cost (409,927) (409.927)
As % of e (3.78)% (3.78)%
H. Interest on F and G from Valuation Date to
Contribution Date(s) (39,856) (39,856)
As % of B (0.37)% (0.37)%
I. Required Employer Contribution: F + G + H (449,783) (449,783)
As % of B (4.15)% (4.15)%
J.' Year to Which Contributions Apply
1. Plan Year Ending 9/30/99 9/30/99
2. Employer Fiscal Year Ending 9/30/00 9/30/00
3. Assumed Date(s) of Employer Contributions 12/31/99 12/31/99
: 07/~1/99 Trill 14:33 FAX 9545250083 GABRIEL,ROEDER.SMITIt&C0. ~009
Before After
Changes Changes
A. Actuarial Present Value of Projected
Benefits for
1. Active Members
a. Normal Retirement Benefits $ 29,240,186 $ 29,240,186
b. Vesting Benefits 1,111,016 1,111,016
c. Disability Benefits 1,270,964 1,270,964
d. Preretirement Death Benefits 1,914,593 1,914,593
e. Return of Member Contributions 35,456 35,456
f. Other 0 0
g. Total 33,582,215 33,582,215
2. Inactive Membem
a. Sea, ice Retirees and Beneficiaries 8,710,442 9,075,395
b, Disability Retirees 198,919 198,919
c. Terminated Vested Members 1,379,445 1,379,445
d. Total 10,288,806 10,653,759
3. Total for All Members 43,871,021 44,235,974
B. Actuarial Value of Assets 43,376,078 43,741,031
C. Unfunded Actuarial Accrued Liability 0 0
D. Actuarial Present Value of Projected Member
Contributions 4,321,759 4,321,759
E. Actuarial Present Value of Projected
Employer Normal Costs: A3 - B - C - D (3,826,816) (3,826,816)
F. Actuarial Present Value of Projected
Covered Payroll 96,039,100 96,039,100 ·
G, Employer Normal Cost Rate: 100 x E/F (3.98)% (3.98)%
H. Annual Payroll of Active Members Below 10,830,498 10,830,498
I. Employer Normal Cost: G x H (431,054) (431,054)
J. Assumed Amount of Administrative Expenses 21,127 :)1,127
K. Total Employer Normal Cost: I + J (409,927) (409,927)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/0~ - REGULAR MEETING OF JULY 6e 1999
ORDINANCE NO. 21-99 (RETIREMENT BENEFIT ENHANCEMENT FOR
RETIREES OF THE POLICE AND FIRE PENSION PLAN)
DATE: JUNE 30, 1999
This is second reading and a public hearing for Ordinance No. 21-99
which amends Chapter 33, "Police and Fire Departments", Subheading
"Pensions", Section 33.68, "Supplemental Retirement Income and
Minimum Benefit for Members Who Retired Prior to a Certain Date", of
the City Code by amending Subsection 33.68{A) and by enacting
Subsection 33.68(C), to provide eligible members and their
beneficiaries who retired under the Police and Fire Pension Plan
with certain enhanced benefits and setting a minimum benefit.
The ordinance provides a five percent (5%) increase {not to exceed
over $100.00 per month), effective August 1, 1999, for Police and
Fire pension plan members who retired prior to September 30, 1993.
Only participants with ten or more years of credited service shall
receive a minimum normal retirement benefit of at least $500,00 per
month.
An actuarial impact statement is attached. The end result is that
the change in benefits would have no effect on the required employer
contribution.
At first reading on June 15, 1999, the City Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 21-99 on second and final
reading.
Ref:Agmemo15.Ord.21-99.Police & Fire
ORDINANCE NO. 21-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE
AND FIRE DEPARTMENTS", SUBHEADING, "PENSIONS",
SECTION 33.68, "SUPPLEMENTAL RETIREMENT INCOME AND
MINIMUM BENEFIT FOR MEMBERS WHO RETIRED PR/OR TO A
CERTAIN DATE", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY AMENDING SECTION 33.68(A)
AND BY ENACTING SUBSECTION 33.68 (C); TO PROVIDE
ELIGIBLE MEMBERS AND THEIR BENFICIAR/ES WHO RETIRED
UNDER THE "POLICE AND FIRE PENSION PLAN" WITH
CERTAIN ENHANCED BENEFITS AND SETTING A MINIMUM
BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to enhance certain
retirement benefits for certain retirees and their beneficiaries covered under the "Police and Firefighter
Pension Plan".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
Section 33.68, "Supplemental Retirement Income and Minimum Benefits for Members Who Retired
Prior to a Certain Date", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 33.68(A) and by enacting subsection 33.68 (C) and (D) to read as follows:
(A) Members and beneficiaries of members who retired prior to October 1, 1987, shall
receive an increase in their retirement income calculated in accordance with Sections 33.62 and 33.63,
equal to two percent (2%) for each year from the date of the member's retirement through September 30,
,.~, ......... ~., ~o~, .---¢'~c~c~ ...... ~ ........... ,~. ._ The supplemental and minimum retirement income provided in this section
shall be paid effective January 1, 1988. The supplemental retirement income provided in this section
shall not be subject to the benefit offset contained in Section 33.62(E)(5)(e) and (E)(7).
(B) Members and beneficiaries of members who retired or terminated employment
prior to October 1, 1990, and began receiving benefits prior to the effective date of this ordinance, shall
receive an increase in their retirement income calculated in accordance with Sec. 33.62, 33.63,
33.68(A), equal to five percent (5%). The supplemental and minimum retirement income provided in
this section shall be paid effective April 1, 1993. The supplemental retirement income provided in this
section shall not be subject to the benefit offset contained in Section 13.62(E)(5)(e) and 0E)(7).
(C) Effective August 1, 1999, all participants or beneficiaries of participants who are
receiving benefits under the plan prior to September 30, 1993 shall have the monthly amount of
retirement income increased by five percent (5%) over the gross amount they were receiving in August
of 1993 provided; however, this increase effective August 1, 1999 shall not exceed one hundred dollars
($100.00) per month.
(D) Effective August 1, 1999, all participants with ten (10) or more years of credited
service, and designated beneficiaries of such participants who receive plan benefits that are based on or
derived from the participant's normal retirement income, regardless of the participant's retirement date,
shall receive benefits based on a minimum monthly normal retirement income amount of at least five
hundred dollars ($500) per month.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
6th day of July , 1999.
OR/
ATTEST:
City Clerk
First Reading June 15, 19 9 9
Second Reading July 6, 19 9 9
2
'07/01/99 Till] 14:30 FAX 9545250083 GABRIEL,ROEDER.SMITH&C0. ~003
GABRIEl., ROEDEIL SMITH & COMPANY
Coasultmnt~ & Actuaries
~01 Eight L~60ll~ Bl~. i .C~u~ 2~0 · ~r.~. I_~l~l~e, FL -~"JL?~I~I~I · 954-527-1616 · FAX 954-52fr(X~
July1,1999
Mr. Chades Slavin, Actuary
Bureau of Local Retirement Systems
Division of Retirement
Cedars Executive Center, Bldg. C
2639 North Monroe Street
Tallahassee, Flodda 32399-1560
Ms. Patricia Shoemaker
Bureau of Municipal Police Officers'
and Firefighters' Pension Funds
Division of Retirement
Building B, Room 252
Post Office Box 3010
Tallahassee, Flodda 32315-3010
Re: Actuarial Impact Statement for the Delray Beach Police and Firefighters
Retirement System
Dear Sir and Madam:
Please review the enclosed ordinance which would provide a one-time increase in benefits for
those retired before September 30, 1993 and which would also raise the minimum monthly benefit
from $400 to $500 for those who have at least ten years of service.
It is being proposed that this change in benefds would be funded from unrecognized investment
gains. In other words, the actuarial value of assets would be increased by an amount equal to the
present value of benefits attributable to the change. At September 30, 1998, the amount of
unrecognized investment gains was $11,884,387. The value of benefits attributable to the
proposed change is $313,088. Therefore, unrecognized gains would be reduced by $313,088
thereby increasing the actuarial value of assets by a like amounL'~Theend result is that the
change in benefds would ~have no effect on the required :employer contribution. ~
Enclosed tables show the actuarial impact of this proposal. With the exception just noted, this
Statement has been prepared using the same member data, asset information, and actuarial
assumptions and methods as were used in the October 1, 1998 Actuarial Valuation Report.
'07/01/99 THU 14:30 FAX 9545250053 GABRIEL,ROEDER,SMITH&C0. ~004
Mr. Charles Slavin
Ms. Patricia Shoemaker
Re: Delray Police & Fire
July 1, 1999
Page 2
In our opinion, the changes are in compliance with Part VII, Chapter 112. Flodda Statutes and
Section 14, Article X of the State Constitution·
Respectfully submitted,
For the Board of Trustees
As Plan Administrator
/J.. Ste/phen Palmq~UCA
Enrolled Actuary No. 99-'I'560
07/0-1799 TI~ 14:30 FAX 9545250083 GABRIEL,ROEDER,SMITH&CO. ~005
. ., ... ,,..:...~:...: .': .... . :: ........ . ',, :.:.:'::.":,' . , .,2,, ..:
Changes Changes
· . .. 2..'.. 2"..~.22'..2:','." '. ". ' ' * ........ : . . . ' '...:'...' ': '
F
A Number Included in the Valuation
1. Active Members 255 255
2. Inactive Members 88" 88'
B. Covered Annual Payroll $10,763,306 $10,763,306
C. Actuarial Pm,sent Value of Projected Benefits 73,318,688 73,631,776
D. Actuarial Value of Assets 55,648,688 55,961,776
E_ Actuarial Present Value of Future Contrib
1. Total: C-D 17,670,000 17,670,000
2. Portion Assigned to Unfunded Frozen
Actuarial Accrued Liability (U FAAL) 1,115,394 1,115,394
3. Portion Assigned to Future Normal Costs 16,554,606 16,554,606
F. Annual Payment Needed to Amortize UFAAL 104,611 104,611
As % of B 0.97% 0.97%
G. Annual Employer Normal Cost 1,224,169 1,224,169
As % of B 11.37% 11.37%
H, Interest on F and G from Valuation Date to
Contribution Date(s) 141,746 141,746
As % of B 1.32% 1.32%
I. Required Employer/State Contrib:F+G+H 1,470,526 1,470,526
As % of B 13.66% 13.66%
J. Estimated State Premium Tax Refund 504.922 504,922
As % of B 4.69% 4.69%
K. Balance Required from Employer: I - J 965,604 965,604
As % of B 8.97% 8.97%
L. Year to Which Contributions Apply
1. Plan Year Ending 9~30~99 9/30/99
2. Employer Fiscal Year Ending 9/30/00 9~30~00
3. Assumed Date(s) of Employer Contrib 12/31/99 12/31/99
' Includes 20 participants in the DROP plan in 1998 and 16 in 1997.
'Og/Ol?gg THU 14:31 FAX g545250083 GABRIEL,ROEDER.SMITH&CO. ~006
':'.'.~ :'.!i.': ::::'.' ,:' DERIVATION:OF.'EMPLOYERNORMALCi~ST .... :: :
i:'.:*' ...::.i:..~i:':.::*.. *.!.:.: ... ASi OF: OCTOBER 1, 1998.' . . . ":* :.'.: :.
; ;'*' :*:* *:;':* :..' .::' : ...... ;.- . .. ;. .'. . ;.'. * .... . ... * ... . ......
. .:.:*.:.... .;.~'.' . ...... '...~ .', .' ...... * :: : ':*Y **: ; .....
................. · ................ *:. ...: ..;.::.-~ . . : :..*..~ ......
Ch, anges _ Changes
^. Actuarial Present ~lue of Projected
Benefits for
1. Active Members
a. Normal Retirement Benefits $ 46,604,783 $ 46,604,783
b. Vesting Benefits 894,205 894,205
c. Disability Benefits 2,425,657 2,425,657
d. Premfirement Death Benefits 1,101,433 1,101,433
e. Return of Member Contributions 307,067 307,067
f. Other 0 0
g. Total 51,333,145 51,333,145
2. Inactive Members
a. Service Retirees and Beneficiaries 15,097,540 15,288,328
b. Disability Retirees 6,650,425 6,772,725
c. Terminated Vested Members 237,578 237.578_
d. Total 21,985,543 22,298,631
3. Total for AJI Members 73.318,688 73,631,776
B. Actuarial Value of Assets 55,648,688 55,961,776
C..Unfunded Frozen Actuarial Accrued
Liability (UFA/U.) 1,115,394 1,115,394
D. Actuarial Present Value of Projected Member
Contributions 6,680,906 6,680,906
E. Actuarial Present Value of Projected
Employer Normal Costs: A3 - B - C - D 9,873,700 9,873,700
F. Actuarial Present Value of Projected
Covered Payroll 91,144,700 91,144,700
G. Employer Normal Cost Rate:
100 x E/F 10.83% 10.83%
H. Annual Payroll of Active Members 10,763,306 10.763,306
I. Assumed Amount of Administrative Expenses 58,503 58,503
J. Employer Normal Cost: (G x H) + I 1,224,169 1,224,169
I:IT¥ DF I:IELRR¥ BERI:H
CITY ATTOFtl EY'S OFFICE
TELEPHONE 561/243-7090 * FACSIMILE 561/278-4755
p~tR~ B~ASq ~MO~UM
. . . DATE: J~e 16, 1999
~ ci~ co~ission
~93 FROM: S~ A. Ruby, City A~omey
S~JECT: Contract Be~een Ci~ ~d C~ ~d Contract Be~een Ci~ ~d House of God
- Agenda Item
~e contract be~een the House of God Church ~d ~e Ci~ provides ~at ~e City will pay
the Church $65,100.00 for Lots 11, 12, and 13 of Block 36, costs of su~ey and Title
ins~ce ~d waive development fees for a church to be built on Lots 15 ~d 16 on Block
35. The C~ shall tr~sfer Lots 15 and 16 to the City, who in ~m will tr~sfer 15 ~d 16
to the Church for the construction of a new church. The City Mll pay ~1 costs of su~eys
~d title work ~d ~y o~er cost of closing.
The comract be~een the City ~d ~e C~ provides that ~e C~ sh~l pay to the City
$10,597.00 ~d tr~sfer Lots 15 and 16 to the Ci~ (the Ci~ MI1 convey 15 ~d 16 to the
Church). The City will convey all of Lots 11 ~d 12, except ~e e~t 20 feet ~d all of Lot
13 on Block 36 to the C~. The C~ will convey the east 20 feet of Lot 1, except for the
south eight feet and ~e east 20 feet of Lots 2-10, inclusive. The Ci~ Mll pay for demolition
of ~e existing church on Lots 11, 12 ~d 13. The C~'s contract h~ a buyback provision,
if ~e City dete~ines later that the east 20 feet is not needed, at $6.19 per sq. fl. The C~
will pay all su~ey costs ~d all doc strops, if required. The C~ will pay for title work on
· e prope~ to be conveyed to the City. The Ci~ will pay for title work. on prope~y
conveyed to the C~.
If approved by the Co~ission ~d the o~er pa~ies, the clos~g on bo~ contracts will occur
sim~meously on or before fi~een (15) days a~er execmion, ~d no later th~ July 31, 1999.
However, we are hoping to close e~lier, if possible. A map is a~ched for your reference.
By copy of ~s memor~dm to David Harden, City Manager, our office requests that the
Resolution ~d the ~o contracts be placed on the City Co~ssion agenda for July 6, 1999
for consideration ~d ~ adve~ised public hearing.
S~:ci ~
A~c~ent~
cc: David Harden, Ci~ M~ager
Alison H~y, Ci~ Clerk
C~is Brom, Director, C~
Reverend Taylor
ishop .io. l
RESOLUTION NO. 40-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE AND SELL
CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH
PROPERTY IS LOCATED ON THE WEST SIDE OF N.W. 3RD AVENUE, AS
MORE PARTICULARLY DESCRIBRF HEREIN, HEREBY INCORPORATING THE
CONDITIONS AND TERMS OF TWO CONTRACTS FOR SALE AND PURCHASE
BETWEEN THE CITY OF DELRAY BEACH, THE COMMUNITY
REDEVELOPMENT AGENCY AND THE HOUSE OF GOD CHURCH; AND
PROVIDING FOR PUBLIC NOTICE AND A PUBIC HEARING.
%~q~EREAS, the City of Delray Beach, Florida, desires to acquire certain
property within Block 36 for the purposes of constructing new tennis courts; and
%gq~EREAS, the City of Delray Beach desires to acquire Lots 15 and 16 of
Block 35 from the Community Redevelopment Agency (CRA) and transfer Lots 15 and 16
to the House of God Church (the Church); and
N~HEREAS, the House of God Church desires to transfer Lots 11, 12 and 13
of Block 36 to the City; and
WHEREAS, the City desires to retain the east 20 feet of Lots 11 and 12
for the construction of additional tennis courts; and
WHEREAS, the City desires to transfer to the CRA the remaining portion
of Lots 11 and 12 and all of Lot 13 on Block 36; and
~qqEREAS, the CRA desires to transfer to the City the east 20 feet of
Lot 1, less the south eight feet thereof and the east 20 feet of Lots 2 through 10,
inclusive, on Block 36; and
%grHEREAS, it is in the best interests of the City to purchase and to
sell the property described above.
NOW, THEREFORE, BE ITRESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ASFOLLOWS:
Sectionl. That the City Commission of the City of Delray Beach, Florida,
hereby agrees to enter into the contract with the House of God Church in order to
acquire Lots 11, 12 and 13 of Block 36, Revised Plat of Block 36, Town of Delray
Beach, as recorded in Plat Book 5, Page 38 of the Public Records of Palm Beach
County, Florida.
Section2. That the City Commission of the City of Delray Beach, Florida,
agrees to enter into the contract with the Church, as referenced in Section 1 in
order to transfer to the Church Lots 15 and 16 of Block 36, as recorded in Plat
Book 1, Page 4 of the Public Records of Palm Beach County, Florida.
Section 3. That the City Commission agrees to enter into a contract
with the CRA, to be closed concurrently with the City's contract with the Church,
in which the City shall convey all of Lots 11, 12 and 13 of Block 36, less the east
20 feet of Lots 11 and 12, Revised Plat of Block 36, Town of Delray, as recorded in
Plat Book 5, Page 38 of the Public Records of Palm Beach County, Florida.
Section 4. The City Commission of the City of Delray Beach agrees to
enter into the contract referenced in Section 3 above, for the additional purpose
of transferring property from the CRA to the City, to-wit: the east 20 feet of Lot
1, less the south eight feet thereof, and the east 20 feet of Lots 2 through 10,
inclusive, all as shown on the Revised Plat of Block 36, Town of Delray, as
recorded in Plat Book 5, Page 38 of the Public Records of Palm Beach County,
Florida, and Lots 15 and 16, Block 35, Town of Delray, as recorded in Plat Book 1,
Page 4 of the Public Records of Palm Beach County, Florida.
Section 5. That the terms and conditions contained in the two
aforementioned contracts and addendum or exhibits thereto for the acquisition and
purchase of the real property described above are hereby incorporated herein and
can be reviewed in the office of the City Clerk, 100 N.W. 1st Avenue, Delray Beach,
Florida.
Section 6. This resolution shall constitute the notice of sale or
exchange of real property pursuant to the City Ordinance Section 36.35 and the
Notice of Acquisition of Real Property pursuant to City Ordinance Section 36.04.
Section 7. A public hearing shall be held on July 6, 1999, at 7:00
p.m. at the City Commission Chambers, 100 N.W. 1sr Avenue, Delray Beach, Florida.
PASSED ANDADOPTED in regular session on this the 6th day of July,
1999.
ATTEST: ~ M Y~O R '
Cit9 ~le~- -J
-2- Res. No. 40-99
< ~'~ , I~ ! ~ ~ - C j .'~ '-' Z~
, ;~ ~ ~ . .' ' - X " I~ ~ ' :
. ~ ~z,-,.i.~,.,.i~.,L..I,,I.~ =.7 . .. ~ ~. , ~ · , ~ ],
T - ~ ~e.~'~- - -]- -~)~.7'~ ~'~ ./~ ' ~ ~ _ ~ ~ I 1:
i~ > I~ ' .L )i, ,,',~ ~x, ,_ ~'' ~ zz-" '~ ~
~ ~ <,,:. ~, aC ......... I' : ' I~-~ ~
~ o I.,, <o ,'
i ~ ~,_ ,~ ,
- ._ II
% I ~. mz [- -,. ~,- · ':.
~ I ~ , IH
. . ~ , . ~ ~1 II
· ~
H
' ~ : I : '
CONTRACT FOR SALE AND EXCHANGE OF REAL PROPERTY
The CITY OF DELRAY BEACH, a Florida municipal corporation (City) and the
COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH (CRA), hereby
agree to the sale and exchange of real property upon the following terms and conditions,
including the Standards for Real Estate Transactions and addenda and exhibits hereto:
I. CONVEYANCE BY CITY:
A. The City shall convey to the CRA the following property by special warranty
deed: All of Lots 11, 12 and 13 of Block 36, less the east 20 feet of Lots 11 and 12, Revised
Plat of Block 36, Town of Delray as recorded in Plat Book 5, Page 38 of the Public Records
of Palm Beach County, Florida, subject to encroachments of existing building to be
demolished by the City subject to paragraph VI.
CONVEYANCE BY CRA:
B. In exchange for the property described above and in addition to the
consideration provided in II below, the CRA shall convey to the City the east 20 feet of Lot
1, less the south eight feet thereof, and the east 20 feet of Lots 2 through 10 inclusive, all as
shown on the Revised Plat of Block 36, Town of Delray as recorded in Plat Book 5, Page 38
of the Public Records of Palm Beach County, Florida, and Lots 15 and 16, Block 35, Town of
Delray as recorded in Plat Book 1, page 4 of the Public Records of Palm Beach County,
Florida.
II. PURCHASE PRICE: The CRA shall pay to the City $10,597.00 upon closing.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties or fact of execution communicated in writing between the parties
on or before July 12, 1999, the offer will, at the City's or CRA's option, be withdrawn. The
date of this contract ("Effective Date') will be the date when the last one of the CRA or City
has signed this offer.
IV. TITLE EVIDENCE: At least seven (7) days before the closing date, the City, at the
City's expense, shall obtain a title insurance commitment on Lots 11, 12 and 13 of Block 36,
as described in I.A. above. The CRA shall obtain, at the CRA'S expense, a title commitment
as to the portion of the property to be conveyed by the CRA to the CITY as further described
in I.B. above.
V. CLOSING DATE; CLOSING PLACE: This transaction is contingent upon the
closing of the property referenced in Exhibit A and shall be closed and the deeds and other
papers delivered on or before fifteen (15) days after execution of the contract but no later than
July 31, 1999, unless extended by other provisions of the contract. The closing shall occur
simultaneously with the closing of the property referenced in the contract attached hereto as
Exhibit A. (Church of God contract with City).
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: The City and the CRA shall
take title subject to: zoning, restrictions, prohibitions and other requirements imposed by
governmental authority; restrictions and matters appearing on the plat or otherwise common to
the subdivision; public utility easements of record and prorated taxes for year of closing and
subsequent years; if any.
VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
VIII. RECONVEYANCE: If the City decides that it does not need the East 20 feet of Lots
1 through 13 or any part thereof, the CRA shall buy back the land not needed by the City for
the price of $6.19 per square foot.
IX. DEMOLITION: The City shall have the right of ingress and egress over Lots 11, 12
and 13 of Block 36, Town of Delray as recorded in Plat Book 5, Page 38 of the Public
Records of Palm Beach County, Florida, before or after closing, for the purpose of
demolishing the buildings and structures situated thereon. The City shall demolish the
building and structures at its own expense. This paragraph and paragraph VIII shall survive
the closing on the property.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed
title insurer agreeing to issue to City, upon recording of the deed to City and agreeing to issue
to the CRA upon recording of the deed to the CRA, an owner's policy of title insurance in
the amount of the purchase price, insuring City's title to real property the City is to receive
under this agreement and ensuring title to real property the CRA is to receive under this
agreement. The CRA shall pay for the title insurance on the property to be conveyed by the
City to the CRA and the City shall pay for the title insurance on the property to be conveyed
to the City by the CRA. All title insurance shall be subject only to liens, encumbrances,
exceptions or qualification set forth in this agreement and those which shall be discharged at or
before closing. CRA and City shall convey a marketable title subject only to liens,
encumbrances, exceptions or qualifications set forth in this agreement and those which shall be
discharged at or before closing. Marketable title shall be determined according to applicable
title standards adopted by authority of The Florida Bar and in accordance with law. If title is
found defective, each party shall notify the other in writing specifying defect(s). If the
defect(s) render title unmarketable to any property being conveyed hereunder, the party who
owns the property shall have sixty (60) days from receipt of notice within which to remove the
defect(s), failing which the other party shall have the option of either accepting the title as it
then is or cancelling the contract; thereupon each party shall release one another of all further
obligations under the agreement. If title is found unmarketable the responsible party shall, use
diligent effort to correct defect(s) in title within the time provided therefor, including the
bringing of necessary suits.
B. Survey: The CRA, at CRA's expense, within time allowed to deliver evidence
of title and to examine same, shall have the real property it is to receive and the real property
it is to convey, surveyed and certified by a registered Florida surveyor. The property the City
is to receive shall be certified to the CRA and the City. If survey shows encroachment on real
property or that improvemems located on real property encroach on setback lines, easemems,
lands of others, or violate any restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
C. Ingress and Egress: City and CRA warrant and represent that there is ingress
and egress to the real property being exchanged sufficient for the intended use as described
herein, title to which is in accordance with Standard A.
D. Leases: The CRA and City warrant there are no leases on the property being
exchanged.
E. Liens: Each party shall furnish to each other at time of closing an affidavit
attesting to the absence, unless otherwise provided for herein, of any f'mancing statements,
claims of lien or potential lienors known to either party and further attesting that there have
been no improvements or repairs to property for ninety (90) days immediately preceding date
of closing. If property has been improved, or repaired within that time, the owner of property
to be conveyed shall deliver releases or waivers of mechanics' liens executed by all general
contractors, subcontractors, suppliers, and materialmen in addition to owner's lien affidavit
setting forth the names of all such general contractors, subcontractors, suppliers and
materialmen and further affirming that all charges for improvements or repairs which could
serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at
closing.
F. Place of Closing: Closing shall be held in the county where real property is
located, at the office of the attorney or other closing agent designated by City.
G. Time: Time is of the essence of this agreement. Time periods herein of less
than six (6) days shall in the computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which shall end on Saturday, Sunday
or legal holiday shall extend to 5:00 p.m. of the next business day.
H. Documents for Closing: Each party shall furnish to each other, bill of sale,
mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and
3
corrective instruments. City shall furnish the closing statement(s). CRA shall prepare and
furnish all deeds at its own expense and shall bear the costs of recording the same.
I. Expenses: Documentary stamps on any or all deeds shall be paid by CRA, if
applicable. The CRA recognizes that the City cannot pay the documentary stamps as a matter
of law.
$. Prorations; credits: Taxes, assessments, rent, interest, insurance and other
expenses and revenue of property shall be prorated through day before closing. Cash at
closing shall be increased or decreased as may be required by prorations. Prorations will be
made through day prior to occupancy if occupancy occurs before closing. Taxes shall be
prorated based on the current year's tax with due allowance made for maximum allowable
discount, homestead and other exemptions. If closing occurs at a date when the current year's
milage is not fixed, and current year's assessments is available, taxes will be prorated based
upon such assessment and the prior year's milage. If current year's assessment is not
available, then taxes will be prorated on the prior year's tax. If there are completed
improvements on real property by January 1st of year of closing which improvements were not
in existence on January /st of the prior year then taxes shall be prorated based upon the prior
year's milage and at an equitable assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser for an informal assessment
taking into consideration available exemptions. Any tax proration based on an estimate may,
at request of either the City or the CRA, be subsequently readjusted upon receipt of tax bill on
condition that a statement to that effect is in the closing statement. If the CRA is required to
pay ad valorem taxes on or before the selling date, the CRA shall establish an escrow fund
with the County Tax Collector pursuant to Florida Statutes Section 196.295 and shall pay into
said escrow the CRA's pro rata portion of ad valorem taxes for the year of closing as
determined by the Tax Collector. If required by law, the CRA shall pay its prorated share of
taxes for the year of closing and shall pay outstanding taxes for previous years.
K. Special Assessment Liens: Certified, conf~rmed and ratified special assessment
liens as of date of closing (and not as of Effective Date) are to be paid by the party who owns
the property prior to closing.
L. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is
authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow
and, subject to clearance, disburse them in accordance with terms and conditions of
agreement. If in doubt as to Agent's duties or liabilities under the provisions of agreement,
Agent may, at Agent's option, continue to hold the subject matter of the escrow until the
parties mutually agree to its disbursement, or until a judgment of a court of competent
jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the
circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such
action, all liability on the part of Agent shall fully terminate, except to the extent of accounting
for any items previously delivered out of escrow.
4
M. No Brokers: Each party warrants that no brokers or real estate agents were
involved in this transaction and no fees are due to a broker or agent for the exchange and sale
of the property governed by this agreement.
N. FIRPTA: Each party warrants to each other that neither party is a "foreign
person" as defined by the Federal Foreign Investment in Real Property Tax Act (the "Act").
At closing, each party shall execute and deliver into each other a "non-foreign certificate" as
required by the Act. Failure to execute the certificate shall subject the party failing to execute
and deliver the certificate if required by law to the penalties imposed by law.
O. Failure of Performance: If either party fails to perform this Contract within
the time specified, each party shall be relieved of all obligations under Contract if both parties
consent; or either party may proceed in law or equity to enforce its rights under this Contract.
P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement
nor any notice of it shall be recorded in any public records. This agreement shall bind and
enure to the benefit of the parties and their successors in interest. Whenever the context
permits, singular shall include plural and one gender shall include all. Notice given by or to
the attorney for any party shall be as effective as if given by or to that party.
Q. Conveyance: Each party shall convey the property to each other by way of
statutory warranty deed subject to any easement for any utilities that may exist and lie on the
property.
R. Other Agreements: No prior or present agreements or representations shall be
binding upon either party unless included in this Contract. No modification or change in this
Contract shall be valid or binding upon the parties unless in writing and executed by the party
or parties intended to be bound by it.
S. Warranties: Each party warrants that there are no facts known to either party
materially affecting the value of the real property which are not readily observable by either
party or which have not been disclosed.
T. NOTICES: All notices and elections (collectively, "notices") to be given or
delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party
giving such notice) hand delivered by messenger, courier service or Federal Express, or
alternatively shall be sent by United States certified mail, with return receipt requested. The
effective date of any notice shall be the date of delivery of the notice if by personal delivery,
courier service or Federal Express, or if mailed, upon the date which the return receipt is
signed or delivery is refused or the notice designated by the postal authorities as non-
deliverable, as the case may be. The parties hereby designed the following addresses as the
addresses to which notices may be delivered, and delivery to such addresses shall constitute
binding notice given to such party:
5
CITY: City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Atto: David Harden, City Manager
With a copy to:
Susan A. Ruby, Esq., City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7091
Fax: (561) 2784755
CRA: Community Redevelopment Agency of Delray Beach
Christopher J. Brown, Executive Director
John Weaver, Chairman, CRA Board of Commissioners
24 N. Swinton Avenue
Delray Beach, Florida 33444
Phone: (561) 276-8640
Fax: (561) 276-8558
With a copy to:
Robert W. Federspiel, P.A.
501 East Atlantic Avenue
Delray Beach, Florida 33483
Phone: (561) 276-2900
Fax: (561) 276-5489
Any party may from time to time change the address to which notice under this
Agreement shall be given such party, upon three (3) days prior written notice to the other
parties.
U. ASSIGNMENT: Neither party shall assign this Agreement or any interest
herein without the prior written consem of the other party.
V. DEFAULT: In the event either party fails or refuses to perform any term,
covenant, or condition of this Agreement, either party shall, in addition to any other remedies
provided at law or in equity, have the right of specific performance thereof.
W. GOVERNING LAW & VENUE: This Agreement shall be governed by,
construed and enforced in accordance with, the laws of the State of Florida. Venue in any
action suit or proceeding in connection with this Agreement shall be in Palm Beach County,
Florida.
X. TIME OF ESSENCE: Time is of the essence with respect to the performance
of each and every provision of this Agreement where a time is specified for performance.
Y. EFFECTIVE DATE OF AGREEMENT: This Agreement is expressly
contingent upon the approval of the City Commission of the City of Delray Beach and the
Community Redevelopment Agency Board.
Z. HEADINGS: The paragraph headings or captions appearing in this Agreement
are for convenience only, are not part of this Agreement, and are not to be considered in
interpreting this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names, on the dates set forth below.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
WITNESSES: COMMUNITY REDEVELOPMENT
AGENCY OF DELRAY BEACH
Print Name: By:
Print Name:
Title:
Print Name:
7
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1999 by , who is personally known
to me or who has produced (type of identification).
Signature of Notary Public-
State of Florida
8
CONTRACT FOR SALE AND EXCHANGE OF REAL PROPERTY
The CITY OF DELRAY BEACH, a Florida municipal corporation (City) and THE
HOUSE OF GOD CHURCH WHICH IS THE CHURCH OF THE LIVING GOD THE
PILLAR AND GROUND OF THE TRUTH WITHOUT CONTROVERSY, INC. (Church)
hereby agree to the sale and exchange of real property upon the following terms and
conditions, including the standards for real estate transactions and addenda and exhibits hereto:
I. CONVEYANCE BY CHURCH:
A. The Church shall convey by warranty deed to the City the following property:
Lots 11, 12 and 13 of Block 36, Revised Plat of Block 36, Town of Delray as recorded in Plat
Book 5, Page 38 of the Public Records of Palm Beach County, Florida.
CONVEYANCE BY CITY:
B. In exchange for the property described above, in addition to the consideration
provided in II below, the City shall convey by special warranty deed to the Church Lots 15
and 16, Block 35, Town of Delray as recorded in Plat Book 1, Page 4 of the Public Records of
Palm Beach County, Florida. For purposes of this contract, the appraised value as of January
25, 1999 of Lot 15 was $10,000, and the appraised value of Lot 16 as of March, 1999 was
$11,500.00.
II. PURCHASE PRICE: In addition to exchange of real property in I.B. above, the City
shall pay to the Church Sixty-Five Thousand One Hundred and 00/100 Dollars ($65,100.00)
upon closing.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties or fact of execution communicated in writing between the parties
on or before July 12, 1999, the offer will, at the City's option, be withdrawn. The date of
this contract ("Effective Date') will be the date when the last one of the Church or City has
signed this offer.
IV. TITLE EVIDENCE: At least seven (7) days before the closing date, the City, at the
City's expense, shall obtain a title insurance commitmem on Lots 11, 12 and 13 of Block 36
and Lots 15 and 16 of Block 35 as further described above.
V. CLOSING DATE; CLOSING PLACE: This transaction is contingent upon the
closing of the property referenced in Exhibit A and shall be closed and the deeds and other
papers delivered on or before fifteen (15) days after execution of the contract, but no later than
July 31, 1999 unless extended by other provisions of the contract. The closing shall occur
Exhibit
A
simultaneously with the closing of the property referenced in the contract attached hereto as
Exhibit A.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: The City and the Church shall
take title subject to: zoning, restrictions, prohibitions and other requirements imposed by
governmental authority; restrictions and matters appearing on the plat or otherwise common to
the subdivision; public utility easements of record and prorated taxes for year of closing and
subsequent years; if any.
VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
VIII. MISCELLANEOUS: The City will waive building permit fees and City development
application fees including but not limited to abandonment of alley fees if needed. The City
will provide technical assistance with site plan process for the construction of a new church to
be located on Lots 15 and 16, Block 35, Town of Delray as recorded in Plat Book 1, Page 4 of
the public Records of Palm Beach County. Lots 15 and 16 are a similar size to Lots 11, 12
and 13 and it is contemplated the Church will build a church of similar size to the building
depiction on the site plan submitted and approved for Lots 11, 12 and 13. The City shall
release the City lien in the amount imposed by Resolution 1-93 on the East half of Lot 11,
Block 36, Revised Plat of Block 36, Town of Delray.
IX. DEMOLITION: The City shall have the right of egress and ingress over Lots 11,
12 and 13 of Block 36, Town of Delray, as recorded in Plat Book 5, Page 38 of the Public
Records of Palm Beach County, Florida, prior to closing for the purpose of evaluating the
demolition of buildings thereon after closing and to make any other inspections it deems
appropriate prior to closing.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed
title insurer agreeing to issue to City, upon recording of the deed to City and agreeing to issue
to Church upon recording of the deed to Church, an owner's policy of title insurance in the
amount of the purchase price, insuring City's title to real property the City is to receive under
this agreement and ensuring title to real property the Church is to receive under this
agreement. The City shall pay for the title insurance on the property to be conveyed by the
City to the Church and for the title insurance on the property to be conveyed to the Church
by the City. All title insurance shall be subject only to liens, encumbrances, exceptions or
qualification set forth in this agreement and those which shall be discharged at or before
closing. Church and City shall convey a marketable title subject only to liens, encumbrances,
exceptions or qualifications set forth in this agreement and those which shall be discharged at
or before closing. Marketable title shall be determined according to applicable title standards
2
adopted by authority of The Florida Bar and in accordance with law. If title is found
defective, each party shall notify the other in writing specifying defect(s). If the defect(s)
render title unmarketable to any property being conveyed hereunder, the party who owns the
property shall have sixty (60) days from receipt of notice within which to remove the defect(s),
failing which the other party shall have the option of either accepting the title as it then is or
cancelling the contract; thereupon each party shall release one another of all further obligations
under the agreement. If title is found unmarketable the responsible party shall, use diligent
effort to correct defect(s) in title within the time provided therefor, including the bringing of
necessary suits.
B. Survey: City, at City's expense, within time allowed to deliver evidence of
title and to examine same, shall have the real property it is to receive and the real property it is
to convey, surveyed and certified by a registered Florida surveyor. The survey shall be
certified to the Church, the City and to the CRA. If survey shows encroachment on real
property or that improvements located on real property encroach on setback lines, easements,
lands of others, or violate any restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
C. Ingress and Egress: City and Church warrant and represent that there is
ingress and egress to the real property being exchanged sufficient for the intended use as
described herein, title to which is in accordance with Standard A.
D. Leases: The Church and City warrant there are no leases on the property
being exchanged.
E. Liens: Each party shall furnish to each other at time of closing an affidavit
attesting to the absence, unless otherwise provided for herein, of any financing statements,
claims of lien or potential lienors known to either party and further attesting that there have
been no improvements or repairs to property for ninety (90) days immediately preceding date
of closing. If property has been improved, or repaired within that time, the owner of property
to be conveyed shall deliver releases or waivers of mechanics' liens executed by all general
contractors, subcontractors, suppliers, and materialmen in addition to owner's lien affidavit
setting forth the names of all such general contractors, subcontractors, suppliers and
materialmen and further affirming that all charges for improvements or repairs which could
serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at
closing.
F. Place of Closing: Closing shall be held in the county where real property is
located, at the office of the attorney or other closing agent designated by City.
G. Time: Time is of the essence of this agreement. Time periods herein of less
than six (6) days shall in the computation exclude Saturdays, Sundays and state or national
3
legal holidays, and any time period provided for herein which shall end on Saturday, Sunday
or legal holiday shall extend to 5:00 p.m. of the next business day.
H. Documents for Closing: Each party shall furnish to each other, bill of sale,
mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and
corrective instruments. City shall furnish the closing statement(s). City shall prepare and
furnish all deeds at its own expense and shall bear the costs of recording the same.
I. Expenses: Documentary stamps on any or all deeds shall be paid by Church,
if applicable. The Church recognizes that the City cannot pay the documentary stamps as a
matter of law.
J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other
expenses and revenue of property shall be prorated through day before closing. Cash at
closing shall be increased or decreased as may be required by prorations. Prorations will be
made through day prior to occupancy if occupancy occurs before closing. Taxes shall be
prorated based on the current year's tax with due allowance made for maximum allowable
discount, homestead and other exemptions. If closing occurs at a date when the current year's
milage is not freed, and current year's assessments is available, taxes will be prorated based
upon such assessment and the prior year's milage. If current year's assessment is not
available, then taxes will be prorated on the prior year's tax. If there are completed
improvements on real property by January 1 st of year of closing which improvements were not
in existence on January 1 st of the prior year then taxes shall be prorated based upon the prior
year's milage and at an equitable assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser for an informal assessment
taking into consideration available exemptions. Any tax proration based on an estimate may,
at request of either the City or the Church, be subsequently readjusted upon receipt of tax bill
on condition that a statement to that effect is in the closing statement. If the Church is
required to pay ad valorem taxes on or before the selling date, the Church shall establish an
escrow fund with the County Tax Collector pursuant to Florida Statutes Section 196.295 and
shall pay into said escrow the Church's pro rata portion of ad valorem taxes for the year of
closing as determined by the Tax Collector. If required by law, the Church shall pay its
prorated share of taxes for the year of closing and shall pay outstanding taxes for previous
years.
K. Special Assessment Liens: Certified, confirmed and ratified special assessment
liens as of date of closing (and not as of Effective Date) are to be paid by the party who owns
the property prior to closing.
L. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is
authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow
and, subject to clearance, disburse them in accordance with terms and conditions of
agreement. If in doubt as to Agent's duties or liabilities under the provisions of agreement,
4
Agent may, at Agent's option, continue to hold the subject matter of the escrow until the
parties mutually agree to its disbursement, or until a judgment of a court of competent
jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the
circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such
action, all liability on the part of Agent shall fully terminate, except to the extent of accounting
for any items previously delivered out of escrow.
M. No Brokers: Each party warrants that no brokers or real estate agents were
involved in this transaction and no fees are due to a broker or agent for the exchange and sale
of the property governed by this agreement.
N. FIRPTA: Each party warrants to each other that neither party is a "foreign
person" as defined by the Federal Foreign Investment in Real Property Tax Act (the "Act").
At closing, each party shall execute and deliver into each other a "non-foreign certificate" as
required by the Act. Failure to execute the certificate shall subject the party failing to execute
and deliver the certificate if required by law to the penalties imposed by law.
O. Failure of Performance: If either party fails to perform this Contract within
the time specified, each party shall be relieved of all obligations under Contract if both parties
consent; or either party may proceed in law or equity to enforce its rights under this Contract.
P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement
nor any notice of it shall be recorded in any public records. This agreement shall bind and
enure to the benefit of the parties and their successors in interest. Whenever the context
permits, singular shall include plural and one gender shall include all. Notice given by or to
the attorney for any party shall be as effective as if given by or to that party.
Q. Conveyance: Each party shall convey the property to each other by way of
statutory warranty deed subject to any easement for any utilities that may exist and lie on the
property.
R. Other Agreements: No prior or present agreements or representations shall be
binding upon either party unless included in this Contract. No modification or change in this
Contract shall be valid or binding upon the parties unless in writing and executed by the party
or parties intended to be bound by it.
S. Warranties: Each party warrants that there are no facts known to either party
materially affecting the value of the real property which are not readily observable by either
party or which have not been disclosed.
T. NOTICES: All notices and elections (collectively, "notices") to be given or
delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party
giving such notice) hand delivered by messenger, courier service or Federal Express, or
alternatively shall be sero by United States certified mail, with remm receipt requested. The
effective date of any notice shall be the date of delivery of the notice if by personal delivery,
courier service or Federal Express, or if mailed, upon the date which the return receipt is
signed or delivery is refused or the notice designated by the postal authorities as non-
deliverable, as the case may be. The parties hereby designed the following addresses as the
addresses to which notices may be delivered, and delivery to such addresses shall constitute
binding notice given to such party:
CITY: City of Delray Beach, Florida
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
Attn: David Harden, City Manager
With a copy to:
Susan A. Ruby, Esq., City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7091
Fax: (561) 278-4755
CHURCH: The House of God
Attn: Bishop James C. Elliott
3404 Shady Brook Lane
Sarasota, Florida 34243
or
P.O. Box 1821
Sarasota, Florida 34230-1821
or
2714 Scovel Street
Nashville, TN 37208
or
P.O. Box 22675
Nashville, TN 37202
Phone: (941) 355-1491
Fax: (941) 351-3752
6
With a copy to:
Reverend Jerry Taylor, Pastor
The House of God
925 N.W. 83rd Street
Miami, Florida 33150
Phone:
Fax:
Any party may from time to time change the address to which notice under this
Agreement shall be given such party, upon three (3) days prior written notice to the other
parties.
U. ASSIGNMENT: Neither party shall assign this Agreement or any interest
herein without the prior written consent of the other party.
V. DEFAULT: In the event either party fails or refuses to perform any term,
covenant, or condition of this Agreement, either party shall, in addition to any other remedies
provided at law or in equity, have the right of specific performance thereof.
W. GOVERNING LAW & VENUE: This Agreement shall be governed by,
construed and enforced in accordance with, the laws of the State of Florida. Venue in any
action suit or proceeding in connection with this Agreement shall be in Palm Beach County,
Florida.
X. TIME OF ESSENCE: Time is of the essence with respect to the performance
of each and every provision of this Agreement where a time is specified for performance.
Y. EFFECTIVE DATE OF AGREEMENT: This Agreement is expressly
contingent upon the approval of the City Commission of the City of Delray Beach.
Z. HEADINGS: The paragraph headings or captions appearing in this Agreement
are for convenience only, are not part of this Agreement, and are not to be considered in
interpreting this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names, on the dates set forth below.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
THE HOUSE OF GOD CHURCH
WHICH IS THE CHURCH OF THE
LMNG GOD THE PILLAR AND
GROUND OF THE TRUTH WITHOUT
WITNESSES: CONTROVERSY, INC.
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1999 by , who is personally known
to me or who has produced (type of identification).
Signature of Notary Public-
State of Florida
8
CONTRACT FOR SALE AND EXCHANGE OF REAL PROPERTY
The CITY OF DELRAY BEACH, a Florida municipal corporation (City) and THE
HOUSE OF GOD CHURCH WHICH IS THE CHURCH OF THE LIVING GOD THE
PILLAR AND GROUND OF THE TRUTH WITHOUT CONTROVERSY, INC. (Church)
hereby agree to the sale and exchange of real property upon the following terms and
conditions, including the standards for real estate transactions and addenda and exhibits hereto:
I. CONVEYANCE BY CHURCH:
A. The Church shall convey by warranty deed to the City the following property:
Lots 11, 12 and 13 of Block 36, Revised Plat of Block 36, Town of Delray as recorded in Plat
Book 5, Page 38 of the Public Records of Palm Beach County, Florida.
CONVEYANCE BY CITY:
B. In exchange for the property described above, in addition to the consideration
provided in II below, the City shall convey by special warranty deed to the Church Lots 15
and 16, Block 35, Town of Defray as recorded in Plat Book 1, Page 4 of the Public Records of
Palm Beach County, Florida. For purposes of this contract, the appraised value as of January
25, 1999 of Lot 15 was $10,000, and the appraised value of Lot 16 as of March, 1999 was
$11,500.00.
II. PURCHASE PRICE: In addition to exchange of real property in I.B. above, the City
shall pay to the Church Sixty-Five Thousand One Hundred and 00/100 Dollars ($65,100.00)
upon closing.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties or fact of execution communicated in writing between the parties
on or before July 12, 1999, the offer will, at the City's option, be withdrawn. The date of
this contract ("Effective Date') will be the date when the last one of the Church or City has
signed this offer.
IV. TITLE EVIDENCE: At least seven (7) days before the closing date, the City, at the
City's expense, shall obtain a title insurance commitment on Lots 11, 12 and 13 of Block 36
and Lots 15 and 16 of Block 35 as further described above.
V. CLOSING DATE; CLOSING PLACE: This transaction is contingent upon the
closing of the property referenced in Exhibit A and shall be closed and the deeds and other
papers delivered on or before fifteen (15) days after execution of the contract, but no later than
July 31, 1999 unless extended by other provisions of the contract. The closing shall occur
simultaneously with the closing of the property referenced in the contract attached hereto as
Exhibit A.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: The City and the Church shall
take title subject to: zoning, restrictions, prohibitions and other requirements imposed by
governmental authority; restrictions and matters appearing on the plat or otherwise common to
the subdivision; public utility easements of record and prorated taxes for year of closing and
subsequent years; if any.
VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
VIII. MISCELLANEOUS: The City will waive building permit fees and City development
application fees including but not limited to abandonment of alley fees if needed. The City
will provide technical assistance with site plan process for the construction of a new church to
be located on Lots 15 and 16, Block 35, Town of Delray as recorded in Plat Book 1, Page 4 of
the public Records of Palm Beach County. Lots 15 and 16 are a similar size to Lots 11, 12
and 13 and it is contemplated the Church will build a church of similar size to the building
depiction on the site plan submitted and approved for Lots 11, 12 and 13. The City shall
release the City lien in the amount imposed by Resolution 1-93 on the East half of Lot 11,
Block 36, Revised Plat of Block 36, Town of Delray.
IX. DEMOLITION: The City shall have the right of egress and ingress over Lots 11,
12 and 13 of Block 36, Town of Delray, as recorded in Plat Book 5, Page 38 of the Public
Records of Palm Beach County, Florida, prior to closing for the purpose of evaluating the
demolition of buildings thereon after closing and to make any other inspections it deems
appropriate prior to closing.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed
title insurer agreeing to issue to City, upon recording of the deed to City and agreeing to issue
to Church upon recording of the deed to Church, an owner's policy of title insurance in the
amount of the purchase price, insuring City's title to real property the City is to receive under
this agreement and ensuring title to real property the Church is to receive under this
agreement. The City shall pay for the title insurance on the property to be conveyed by the
City to the Church and for the title insurance on the property to be conveyed to the Church
by the City. All title insurance shall be subject only to liens, encumbrances, exceptions or
qualification set forth in this agreement and those which shall be discharged at or before
closing. Church and City shall convey a marketable title subject only to liens, encumbrances,
exceptions or qualifications set forth in this agreement and those which shall be discharged at
or before closing. Marketable title shall be determined according to applicable title standards
2
adopted by authority of The Florida Bar and in accordance with law. If title is found
defective, each party shall notify the other in writing specifying defect(s). If the defect(s)
render title unmarketable to any property being conveyed hereunder, the party who owns the
property shall have sixty (60) days from receipt of notice within which to remove the defect(s),
failing which the other party shall have the option of either accepting the title as it then is or
cancelling the contract; thereupon each party shall release one another of all further obligations
under the agreement. If title is found unmarketable the responsible party shall, use diligent
effort to correct defect(s) in title within the time provided therefor, including the bringing of
necessary suits.
B. Survey: City, at City's expense, within time allowed to deliver evidence of
title and to examine same, shall have the real property it is to receive and the real property it is
to convey, surveyed and certified by a registered Florida surveyor. The survey shall be
certified to the Church, the City and to the CRA. If survey shows encroachment on real
property or that improvements located on real property encroach on setback lines, easements,
lands of others, or violate any restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
C. Ingress and Egress: City and Church warrant and represent that there is
ingress and egress to the real property being exchanged sufficient for the intended use as
described herein, title to which is in accordance with Standard A.
D. Leases: The Church and City warrant there are no leases on the property
being exchanged.
E. Liens: Each party shall furnish to each other at time of closing an affidavit
attesting to the absence, unless otherwise provided for herein, of any financing statements,
claims of lien or potential lienors known to either party and further attesting that there have
been no improvements or repairs to property for ninety (90) days immediately preceding date
of closing. If property has been improved, or repaired within that time, the owner of property
to be conveyed shall deliver releases or waivers of mechanics' liens executed by all general
contractors, subcontractors, suppliers, and materialmen in addition to owner's lien affidavit
setting forth the names of all such general contractors, subcontractors, suppliers and
materialmen and further affhming that all charges for improvements or repairs which could
serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at
closing.
F. Place of Closing: Closing shall be held in the county where real property is
located, at the office of the attorney or other closing agent designated by City.
G. Time: Time is of the essence of this agreement. Time periods herein of less
than six (6) days shall in the computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which shall end on Saturday, Sunday
or legal holiday shall extend to 5:00 p.m. of the next business day.
H. Documents for Closing: Each party shall furnish to each other, bill of sale,
mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and
corrective instruments. City shall furnish the closing statement(s). City shall prepare and
furnish all deeds at its own expense and shall bear the costs of recording the same.
I. Expenses: Documentary stamps on any or all deeds shall be paid by Church,
if applicable. The Church recognizes that the City cannot pay the documentary stamps as a
matter of law.
J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other
expenses and revenue of property shall be prorated through day before closing. Cash at
closing shall be increased or decreased as may be required by prorations. Prorations will be
made through day prior to occupancy if occupancy occurs before closing. Taxes shall be
prorated based on the current year's tax with due allowance made for maximum allowable
discount, homestead and other exemptions. If closing occurs at a date when the current year's
milage is not fixed, and current year's assessments is available, taxes will be prorated based
upon such assessment and the prior year's milage. If current year's assessment is not
available, then taxes will be prorated on the prior year's tax. If there are completed
improvements on real property by January 1st of year of closing which improvements were not
in existence on January 1st of the prior year then taxes shall be prorated based upon the prior
year's milage and at an equitable assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser for an informal assessment
taking into consideration available exemptions. Any tax proration based on an estimate may,
at request of either the City or the Church, be subsequently readjusted upon receipt of tax bill
on condition that a statement to that effect is in the closing statement. If the Church is
required to pay ad valorem taxes on or before the selling date, the Church shall establish an
escrow fund with the County Tax Collector pursuant to Florida Statutes Section 196.295 and
shall pay into said escrow the Church's pro rata portion of ad valorem taxes for the year of
closing as determined by the Tax Collector. If required by law, the Church shall pay its
prorated share of taxes for the year of closing and shall pay outstanding taxes for previous
years.
K. Special Assessment Liens: Certified, confu'med and ratified special assessment
liens as of date of closing (and not as of Effective Date) are to be paid by the party who owns
the property prior to closing.
L. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is
authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow
and, subject to clearance, disburse them in accordance with terms and conditions of
agreement. If in doubt as to Agent's duties or liabilities under the provisions of agreement,
4
Agent may, at Agent's option, continue to hold the subject matter of the escrow until the
parties mutually agree to its disbursement, or until a judgment of a court of competent
jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the
circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such
action, all liability on the part of Agent shall fully terminate, except to the extent of accounting
for any items previously delivered out of escrow.
M. No Brokers: Each party warrants that no brokers or. real estate agents were
involved in this transaction and no fees are due to a broker or agent for the exchange and sale
of the property governed by this agreement.
N. FIRPTA: Each party warrants to each other that neither party is a "foreign
person" as defined by the Federal Foreign Investment in Real Property Tax Act (the "Act").
At closing, each party shall execute and deliver into each other a "non-foreign certificate" as
required by the Act. Failure to execute the certificate shall subject the party failing to execute
and deliver the certificate if required by law to the penalties imposed by law.
O. Failure of Performance: If either party fails to perform this Contract within
the time specified, each party shall be relieved of all obligations under Contract if both parties
consent; or either party may proceed in law or equity to enforce its rights under this Contract.
P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement
nor any notice of it shall be recorded in any public records. This agreement shall bind and
enure to the benefit of the parties and their successors in interest. Whenever the context
permits, singular shall include plural and one gender shall include all. Notice given by or to
the attorney for any party shall be as effective as if given by or to that party.
Q. Conveyance: Each party shall convey the property to each other by way of
statutory warranty deed subject to any easement for any utilities that may exist and lie on the
property.
R. Other Agreements: No prior or present agreements or representations shall be
binding upon either party unless included in this Contract. No modification or change in this
Contract shall be valid or binding upon the parties unless in writing and executed by the party
or parties intended to be bound by it.
S. Warranties: Each party warrants that there are no facts known to either party
materially affecting the value of the real property which are not readily observable by either
party or which have not been disclosed.
T. NOTICES: All notices and elections (collectively, "notices") to be given or
delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party
giving such notice) hand delivered by messenger, courier service or Federal Express, or
alternatively shall be sent by United States certified mail, with return receipt requested. The
effective date of any notice shall be the date of delivery of the notice if by personal delivery,
courier service or Federal Express, or if mailed, upon the date which the return receipt is
signed or delivery is refused or the notice designated by the postal authorities as non-
deliverable, as the case may be. The parties hereby designed the following addresses as the
addresses to which notices may be delivered, and delivery to such addresses shall constitute
binding notice given to such party:
CITY: City of Delray Beach, Florida
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
Attn: David Harden, City Manager
With a copy to:
Susan A. Ruby, Esq., City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7091
Fax: (561) 2784755
CHURCH: The House of God
Attn: Bishop James C. Elliott
3404 Shady Brook Lane
Sarasota, Florida 34243
or
P.O. Box 1821
Sarasota, Florida 34230-1821
or
2714 Scovel Street
Nashville, TN 37208
or
P.O. Box 22675
Nashville, TN 37202
Phone: (941) 355-1491
Fax: (941) 351-3752
6
With a copy to:
Reverend Jerry Taylor, Pastor
The House of God
925 N.W. 83ra Street
Miami, Florida 33150
Phone:
Fax:
Any party may from time to time change the address to which notice under this
Agreement shall be given such party, upon three (3) days prior written notice to the other
parties.
U. ASSIGNMENT: Neither party shall assign this Agreement or any interest
herein without the prior written consent of the other party.
V. DEFAULT: In the event either party fails or refuses to perform any term,
covenant, or condition of this Agreement, either party shall, in addition to any other remedies
provided at law or in equity, have the right of specific performance thereof.
W. GOVERNING LAW & VENUE: This Agreement shall be governed by,
construed and enforced in accordance with, the laws of the State of Florida. Venue in any
action suit or proceeding in connection with this Agreement shall be in Palm Beach County,
Florida.
X. TIME OF ESSENCE: Time is of the essence with respect to the performance
of each and every provision of this Agreement where a time is specified for performance.
Y. EFFECTIVE DATE OF AGREEMENT: This Agreement is expressly
contingent upon the approva! of the City Commission of the City of Delray Beach.
Z. HEADINGS: The paragraph headings or captions appearing in this Agreement
are for convenience only, are not part of this Agreement, and are not to be considered in
interpreting this Agreement.
7
IN WITNESS WHEREOF, the parties have caused this Agreemem to be executed in
their respective names, on the dates set forth below.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
THE HOUSE OF GOD CHURCH
WHICH IS THE CHURCH OF THE
LIVING GOD THE PILLAR AND
GROUND OF THE TRUTH WITHOUT
WITNESSES: CONTROVERSY, INC.
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instmmem was acknowledged before me this day of
, 1999 by , who is personally known
to me or who has produced (type of identification).
Signature of Notary Public-
State of Florida
CONTRACT FOR SALE AND EXCHANGE OF REAL PROPERTY
The CITY OF DELRAY BEACH, a Florida municipal corporation (City) and the
COMMUNITY REDEVELOPMENT AGENCY OF DELRAY BEACH (CRA), hereby
agree to the sale and exchange of real property upon the following terms and conditions,
including the Standards for Real Estate Transactions and addenda and exhibits hereto:
I. CONVEYANCE BY CITY:
A. The City shall convey to the CRA the following property by special warranty
deed: All of Lots 11, 12 and 13 of Block 36, less the east 20 feet of Lots 11 and 12, Revised
Plat of Block 36, Town of Delray as recorded in Plat Book 5, Page 38 of the Public Records
of Palm Beach County, Florida, subject to encroachments of existing building to be
demolished by the City subject to paragraph VI.
CONVEYANCE BY CRA:
B. In exchange for the property described above and in addition to the
consideration provided in II below, the CRA shall convey to the City the east 20 feet of Lot
1, less the south eight feet thereof, and the east 20 feet of Lots 2 through 10 inclusive, all as
shown on the Revised Plat of Block 36, Town of Delray as recorded in Plat Book 5, Page 38
of the Public Records of Palm Beach County, Florida, and Lots 15 and 16, Block 35, Town of
Delray as recorded in Plat Book 1, page 4 of the Public Records of Palm Beach County,
Florida.
II. PURCHASE PRICE: The CRA shall pay to the City $10,597.00 upon closing.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties or fact of execution communicated in writing between the parties
on or before July 12, 1999, the offer will, at the City's or CRA's option, be withdrawn. The
date of this contract ("Effective Date') will be the date when the last one of the CRA or City
has signed this offer.
IV. TITLE EVIDENCE: At least seven (7) days before the closing date, the City, at the
City's expense, shall obtain a title insurance commitment on Lots 11, 12 and 13 of Block 36,
as described in I.A. above. The CRA shall obtain, at the CRA'S expense, a title commitment
as to the portion of the property to be conveyed by the CRA to the CITY as further described
in I.B. above.
V. CLOSING DATE; CLOSING PLACE: This transaction is contingent upon the
closing of the property referenced in Exhibit A and shall be closed and the deeds and other
papers delivered on or before fifteen (15) days after execution of the contract but no later than
1
Exhibit
A
July 31, 1999, unless extended by other provisions of the contract. The closing shall occur
simultaneously with the closing of the property referenced in the contract attached hereto as
Exhibit A. (Church of God contract with City).
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: The City and the CRA shall
take title subject to: zoning, restrictions, prohibitions and other requirements imposed by
governmental authority; restrictions and matters appearing on the plat or otherwise common to
the subdivision; public utility easements of record and prorated taxes for year of closing and
subsequent years; if any.
VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
VIII. RECONVEYANCE: If the City decides that it does not need the East 20 feet of Lots
1 through 13 or any part thereof, the CRA shall buy back the land not needed by the City for
the price of $6.19 per square foot.
IX. DEMOLITION: The City shall have the right of ingress and egress over Lots 11, 12
and 13 of Block 36, Town of Delray as recorded in Plat Book 5, Page 38 of the Public
Records of Palm Beach County, Florida, before or after closing, for the purpose of
demolishing the buildings and structures situated thereon. The City shall demolish the
building and structures at its own expense. This paragraph and paragraph VIII shall survive
the closing on the property.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed
title insurer agreeing to issue to City, upon recording of the deed to City and agreeing to issue
to the CRA upon recording of the deed to the CRA, an owner's policy of title insurance in
the amount of the purchase price, insuring City's title to real property the City is to receive
under this agreement and ensuring title to real property the CRA is to receive under this
agreement. The CRA shall pay for the title insurance on the property to be conveyed by the
City to the CRA and the City shall pay for the title insurance on the property to be conveyed
to the City by the CRA. All title insurance shall be subject only to liens, encumbrances,
exceptions or qualification set forth in this agreement and those which shall be discharged at or
before closing. CRA and City shall convey a marketable title subject only to liens,
encumbrances, exceptions or qualifications set forth in this agreement and those which shall be
discharged at or before closing. Marketable title shall be determined according to applicable
title standards adopted by authority of The Florida Bar and in accordance with law. If title is
found defective, each party shall notify the other in writing specifying defect(s). If the
defect(s) render title unmarketable to any property being conveyed hereunder, the party who
owns the property shall have sixty (60) days from receipt of notice within which to remove the
2
defect(s), failing which the other party shall have the option of either accepting the title as it
then is or cancelling the contract; thereupon each party shall release one another of all further
obligations under the agreement. If title is found unmarketable the responsible party shall, use
diligent effort to correct defect(s) in title within the time provided therefor, including the
bringing of necessary suits.
B. Survey: The CRA, at CRA's expense, within time allowed to deliver evidence
of title and to examine same, shall have the real property it is to receive and the real property
it is to convey, surveyed and certified by a registered Florida surveyor. The property the City
is to receive shall be certified to the CRA and the City. If survey shows encroachment on real
property or that improvements located on real property encroach on setback lines, easements,
lands of others, or violate any restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
C. Ingress and Egress: City and CRA warrant and represent that there is ingress
and egress to the real property being exchanged sufficient for the intended use as described
herein, title to which is in accordance with Standard A.
D. Leases: The CRA and City warrant there are no leases on the property being
exchanged.
E. Liens: Each party shall furnish to each other at time of closing an affidavit
attesting to the absence, unless otherwise provided for herein, of any financing statements,
claims of lien or potential lienors known to either party and further attesting that there have
been no improvements or repairs to property for ninety (90) days immediately preceding date
of closing. If property has been improved, or repaired within that time, the owner of property
to be conveyed shall deliver releases or waivers of mechanics' liens executed by all general
contractors, subcontractors, suppliers, and materialmen in addition to owner's lien affidavit
setting forth the names of all such general contractors, subcontractors, suppliers and
materialmen and further affirming that all charges for improvements or repairs which could
serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at
closing.
F. Place of Closing: Closing shall be held in the county where real property is
located, at the office of the attorney or other closing agent designated by City.
G. Time: Time is of the essence of this agreement. Time periods herein of less
than six (6) days shall in the computation exclude Saturdays, Sundays and state or national
legal holidays, and any time t~eriod provided for herein which shall end on Saturday, Sunday
or legal holiday shall extend to 5:00 p.m. of the next business day.
H. Documents for Closing: Each party shall furnish to each other, bill of sale,
mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and
corrective instruments. City shall furnish the closing statement(s). CRA shall prepare and
furnish all deeds at its own expense and shall bear the costs of recording the same.
I. Expenses: Documentary stamps on any or all deeds shall be paid by CRA, if
applicable. The CRA recognizes that the City cannot pay the documentary stamps as a matter
of law.
J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other
expenses and revenue of property shall be prorated through day before closing. Cash at
closing shall be increased or decreased as may be required by prorations. Prorations will be
made through day prior to occupancy if occupancy occurs before closing. Taxes shall be
prorated based on the current year's tax with due allowance made for maximum allowable
discount, homestead and other exemptions. If closing occurs at a date when the current year's
milage is not fixed, and current year's assessments is available, taxes will be prorated based
upon such assessment and the prior year's milage. If current year's assessment is not
available, then taxes will be prorated on the prior year's tax. If there are completed
improvements on real property by January 1st of year of closing which improvements were not
in existence on January 1st of the prior year then taxes shall be prorated based upon the prior
year's milage and at an equitable assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser for an informal assessment
taking into consideration available exemptions. Any tax proration based on an estimate may,
at request of either the City or the CRA, be subsequently readjusted upon receipt of tax bill on
condition that a statement to that effect is in the closing statement. If the CRA is required to
pay ad valorem taxes on or before the selling date, the CRA shall establish an escrow fund
with the County Tax Collector pursuant to Florida Statutes Section 196.295 and shall pay into
said escrow the CRA's pro rata portion of ad valorem taxes for the year of closing as
determined by the Tax Collector. If required by law, the CRA shall pay its prorated share of
taxes for the year of closing and shall pay outstanding taxes for previous years.
K. Special Assessment Liens: Certified, confirmed and ratified special assessment
liens as of date of closing (and not as of Effective Date) are to be paid by the party who owns
the property prior to closing.
L. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is
authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow
and, subject to clearance, disburse them in accordance with terms and conditions of
agreement. If in doubt as to Agent's duties or liabilities under the provisions of agreement,
Agent may, at Agent's option, continue to hold the subject matter of the escrow until the
parties mutually agree to its disbursement, or until a judgment of a court of competent
jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the
circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such
action, all liability on the part of Agent shall fully terminate, except to the extent of accounting
for any items previously delivered out of escrow.
4
M. No Brokers: Each party warrants that no brokers or real estate agents were
involved in this transaction and no fees are due to a broker or agent for the exchange and sale
of the property governed by this agreement.
N. FIRPTA: Each party warrants to each other that neither party is a "foreign
person" as defined by the Federal Foreign Investment in Real Property Tax Act (the "Act").
At closing, each party shall execute and deliver into each other a "non-foreign certificate" as
required by the Act. Failure to execute the certificate shall subject the party failing to execute
and deliver the certificate if required by law to the penalties imposed by law.
O. Failure of Performance: If either party fails to perform this Contract within
the time specified, each party shall be relieved of all obligations under Contract if both parties
consent; or either party may proceed in law or equity to enforce its rights under this Contract.
P. Agreement Not Reeordable; Persons Bound; Notice: Neither this agreement
nor any notice of it shall be recorded in any public records. This agreement shall bind and
enure to the benefit of the parties and their successors in interest. Whenever the context
permits, singular shall include plural and one gender shall include all. Notice given by or to
the attorney for any party shall be as effective as if given by or to that party.
Q. Conve~yanee: Each party shall convey the property to each other by way of
statutory warranty deed subject to any easement for any utilities that may exist and lie on the
property.
R. Other Agreements: No prior or present agreements or representations shall be
binding upon either party unless included in this Contract. No modification or change in this
Contract shall be valid or binding upon the parties unless in writing and executed by the party
or parties intended to be bound by it.
S. Warranties: Each party warrants that there are no facts known to either party
materially affecting the value of the real property which are not readily observable by either
party or which have not been disclosed.
T. NOTICES: All notices and elections (collectively, "notices") to be given or
delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party
giving such notice) hand delivered by messenger, courier service or Federal Express, or
alternatively shall be sent by United States certified mail, with return receipt requested. The
effective date of any notice shall be the date of delivery of the notice if by personal delivery,
courier service or Federal Express, or if mailed, upon the date which the return receipt is
signed or delivery is refused or the notice designated by the postal authorities as non-
deliverable, as the case may be. The parties hereby designed the following addresses as the
addresses to which notices may be delivered, and delivery to such addresses shall constitute
binding notice given to such party:
CITY: City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attn: David Harden, City Manager
With a copy to:
Susan A. Ruby, Esq., City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7091
Fax: (561) 2784755
CRA: Community Redevelopment Agency of Delray Beach
Christopher J. Brown, Executive Director
John Weaver, Chairman, CRA Board of Commissioners
24 N. Swinton Avenue
Delray Beach, Florida 33444
Phone: (561) 276-8640
Fax: (561) 276-8558
With a copy to:
Robert W. Federspiel, P.A.
501 East Atlantic Avenue
Delray Beach, Florida 33483
Phone: (561) 276-2900
Fax: (561) 276-5489
Any party may from time to time change the address to which notice under this
Agreemem shall be given such party, upon three (3) days prior written notice to the other
parties.
U. ASSIGNMENT: Neither party shall assign this Agreement or any interest
herein without the prior written consent of the other party.
V. DEFAULT: In the evem either party fails or refuses to perform any term,
covenant, or condition of this Agreement, either party shall, in addition to any other remedies
provided at law or in equity, have the right of specific performance thereof.
6
W. GOVERNING LAW & VENUE: This Agreement shall be governed by,
construed and enforced in accordance with, the laws of the State of Florida. Venue in any
action suit or proceeding in connection with this Agreement shall be in Palm Beach County,
Florida.
X. TIME OF ESSENCE: Time is of the essence with respect to the performance
of each and every provision of this Agreement where a time is specified for performance.
Y. EFFECTIVE DATE OF AGREEMENT: This Agreement is expressly
contingent upon the approval of the City Commission of the City of Delray Beach and the
Community Redevelopment Agency Board.
Z. HEADINGS: The paragraph headings or captions appearing in this Agreement
are for convenience only, are not part of this Agreement, and are not to be considered in
interpreting this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names, on the dates set forth below.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
WITNESSES: COMMUNITY REDEVELOPMENT
AGENCY OF DELRAY BEACH
Print Name: By:
Print Name:
Title:
Print Name:
7
STATE OF FLORIDA
COUNTY OF
The foregoing instmmem was acknowledged before me this day of
, 1999 by , who is personally known
to me or who has produced (type of identification).
Signature of Notary Public-
State of Florida
8
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I~NAGER~
SUBJECT: AGENDA ITEM# /,~- REGULAR MEETING OF JULY 6, 1999
ORDINANCE NO. 26-99 (QUARTERLY RETURNS BY CERTAIN
SELLERS OF UTILITY SERVICE)
DATE: JULY 2, 1999
This is first reading for Ordinance No. 26-99 which amends
Chapter 50, "Utilities Generally; Public Service Tax", Section
50.19, "Monthly Returns Required; Computation", to provide for
quarterly payments of utility taxes to the City by sellers of
utility services where the tax to be paid does not exceed $120.00
per quarter.
The present ordinance requires monthly submittal of utility
taxes. The recommended change is allowed by Section 166(11) (g)
of the Florida Statutes and will provide for easier and more cost
effective accounting of the returns from the smaller utility
service providers.
Recommend approval of Ordinance No. 26-99 on first reading. If
passed, a public hearing will be scheduled for July 20, 1999.
Ref :Agmemo19.Ord26-99. UtilityTaxReturns
ORDINANCE NO. 26-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING CHAPTER 50,
"UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION
50.19, "MONTHLY RETURNS REQUIRED; COMPUTATION",
SUBSECTION 50.19(A), OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH AND ENACTING A NEW
SUBSECTION 50.19(A) TO PROVIDE FOR A QUARTERLY
RETURN FOR SELLERS WHOSE TAX LIABILITY DOES NOT
EXCEED ONE-HUNDRED AND TWENTY DOLLARS ($120.00)
PER QUARTER; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Section 166(11)(g) of the Florida Statutes allows
for quarterly payments of the utility tax to municipalities by
sellers of utility services where the tax to be paid does not exceed
one-hundred and twenty dollars ($120.00) per quarter; and
WHEREAS, the City Commission has determined that
collection of said tax by qualifying sellers on a quarterly basis is
in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 50, "Utilities Generally; Public
Service Tax", Section 50.19, "Monthly Returns Required;
Computation", Subsection 50.19(A), of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby repealed
in its entirety and a new Subsection 50.19(A) is hereby enacted to
read as follows:
Section 50.19 Monthly Returns Required; Computation.
(A) Each seller must file periodic returns as
follows:
(1) Those sellers whose total amount of tax
anticipated to be collected within a
calendar quarter exceeds one-hundred and
twenty dollars are hereby required to
execute and file not later than the
twentieth day of each month, at the
Finance Department of the City, a sworn
statement on a form prescribed by the
City setting forth the amount of tax to
which the City became entitled under the
provisions of this subchapter on account
of bills paid by purchasers during the
preceding fiscal month, and
contemporaneously with the filing of the
statement shall pay the amount of such
tax to which the City is entitled to the
Finance Department of the City to be
deposited to the credit of such funds to
the City and to be utilized for such
purpose as the Commission may prescribe
by ordinance or resolution.
(2) Those sellers whose total amount of tax
anticipated to be collected within a
calendar quarter does not exceed one-
hundred and twenty dollars may, rather
than complying with Subsection
50.19(A) (1), and with the written consent
of the City, remit the taxes collected
during such calendar quarter to the
municipality on a quarterly basis. In
such case, the seller is hereby required
to execute and file a sworn statement at
the Finance Department of the City on or
before the 20th day of the month
following the end of the calendar quarter
in which the taxes were collected, on a
form prescribed by the City, setting
forth the amount of tax to which the City
became entitled under the provisions of
this subchapter on account of bills paid
by purchasers during the preceding fiscal
quarter, and contemporaneously with the
filing of the statement shall pay the
amount of such tax to which the City is
entitled to the Finance Department of the
City to be deposited to the credit of
such funds to the City and to be utilized
for such purpose as the Commission may
prescribe by ordinance or resolution.
- 2 - ORD. NO. 26-99
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word
be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading:
Second Reading:
- 3 - ORD. NO. 26-99
MEMORANDUM
DATE: June 10, 1999
TO: David Harden, City Manager
FROM: Joseph M. ~nce Director
RE: Amendment to I.Ttilities Ordinance
CC: Milena L. Walinski CGFO, Assistant Finance Director
The recommended change to Chapter 50, Section 50.19 would allow for
quarterly returns by sellers of utility service where the taxes to be paid does not
exceed $120 per quarter.
The present ordinance requires monthly submittal of utility taxes. In the area of
telecommunications, there are numerous returns for less than $40 per month.
Approximately 30% of the returns are under $40 per month. The value of these
returns is .05% of the total monthly utility tax collected on telecommunications.
The recommended change is allowed by Florida Statute (166)(11)(g).
doc:ut agend
I:BTi OF DELRLqV BEI:t£H
CITY ATTORFIEY'S OFFICE ~oo ~ ~, ^v~,~. ~,~,^.,..~^~,,, ~LO~,~,^ ~..
TELEPHONE 561/243-7090 * FACSIMILE 561/278-4755
Wfimr's Dk~t L~e: (561) 243-7~
DELRAY BEACH
F L 0 I I O A
~a C~ ~MO~~
'tll
~993 TO: Milem Wil~, CGFO, Assismt F~ce Dkector
~OM: Jay T. Jmbeck, Assistant Ci~ ARome~
S~JECT: ~endment to utilities ord~ce. *
Attached are the changes you requested to the utilities ordinance allowing for
quarterly returns by de minimis sellers. Please review the proposed ordinance to assure
that the changes you requested are included and for other issues that may need
addressing. Unless you request otherwise, I will assume that you will be placing this
item on the agenda for a City Commission meeting.
Please do not hesitate to contact me if you should have any questions.
Attachment