07-07-98 Regular } DELRAY BEACH
AJI-America C~y
..JULY 7, 1998 - 6:00 P.M./PUBLIC HEARING. 7:00 P.M.
COMMISSION CHAMBERS
The City will furnish auxiliary aids and services to afford an individual
with a disability an opportunity to participate in and enjoy the benefits
of a service, program or activity conducted by the City. Contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the
event in order for the City to accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by mn ind~vidual will be l£mite4 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. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. 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 16, 1998
6. Proclamations:
A. Recognizing and commending Mark Himmelein for his heroic
actions which resulted in averting tragedy and potential loss
of life.
B. Proclaiming 1998 as the Year of the Ocean in Delray Beach
?. Presentations:
A. RESOLUTION NO 39-98: Recognizing and commending Octavio M.
Barrera, Jr. for thirty years of public service with the City
of Delray Beach.
8. Consent Agenda: City Manager recommends approval.
A. APPOINTMENT OF CITY LIAISON/PINEAPPLE GROVE MAIN STREET BOARD
OF DIRECTORS: Approve the appointment of John Walker as the
City of Delray Beach liaison to the Pineapple Grove Main
Street, Inc. Board of Directors.
B. RIGHT-OF-WAY DEED FOR S.W. 8TH STREET/BEREA EVANGELICAL
MISSIONARY CHURCH: Accept a right-of-way deed for S.W. 8th
Street associated with the development of Berea Evangelical
Missionary Church located at the northwest corner of South
Swinton Avenue and S.W. 8th Street (former Deer Park/Klear
Water site at 710 South Swinton Avenue).
C. SUBSIDIZED LOAN AGREEMENT BETWEEN THE .CITY, THE COMMUNITY
REDEVELOPMENT AGENCY AND NORTHERN TRUST BANK: Approve a
Subsidized Loan Agreement between the City, the CRA and
Northern Trust Bank of Florida as a participating bank in the
subsidized loan program.
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,"Regular Commission Meeting July 7, 1998
D. RESOLUTION NO. 44-98: Approve a resolution authorizing the
Community Redevelopment Agency to acquire by gift, purchase or
eminent domain certain real property described as the south 30
feet of Lot 6, Block 28, Town of Delray.
E. FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE PROGRAM:
Approve a funding subsidy in the amount of $10,000.00 for an
income eligible applicant under the Delray Beach Renaissance
Program, with funding from 118-1924-554-83.01 (SHIP Program).
F. AMENDED FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE
PROGRAM: Approve an increase in a funding subsidy previously
awarded to an income eligible applicant from $18,000 to
$23,000.00 under the Delray Beach Renaissance Program, with
funding from 118-1924-554-83.01 (SHIP Program).
G. RENEWAL OF CHILDREN'S SUBSTANCE ABUSE GRANT CONTRACT WITH
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES: Approve the
renewal for FY 1999 of the contract between the City and the
Department of Children and Families to provide for the
Community Improvement Department's administration, on behalf
of Mad DADS, of the Excel Focus Five Program at Pine Grove
Elementary School.
AGREEMENT WITH SCHOOL BOARD/DELRAY FULL SERVICE CENTER:
Approve an agreement between the School Board of Palm Beach
County and the City for the services of a Delray Police
Officer at the Delray Full Service Center for the period July
1, 1998 through June 30, 1999.
I. AGREEMENT FOR SIDEWALK IMPROVEMENTS/CONGRESS SQUARE INDUSTRIAL
PLAT: Approve an agreement for sidewalk improvements between
the City and the owners of Congress Square Industrial Plat to
allow the waiver of the requirement to construct a sidewalk
along Don Francisco's Way right-of-way in conjunction with the
new development until such time as the City requests the
sidewalk to be constructed along the entire street.
J. RESOLUTION NO. 40-98: Adopt a resoIution assessing costs for
abatement action required to remove nuisances on 40 properties
throughout the City.
K. RESOLUTION NO. 41-98: Adopt a resolution assessing costs for
abatement action necessary for the emergency board-up of an
unsafe structure at 936 Gardenia Terrace.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period June 15th through July 2, 1998.
Regular Commission Meeting
July 7, 1998
M. AWARD OF BIDS AND CONTRACTS:
1. Purchase approval for eight (8) replacement computers
from Gateway 2000 for the Parks and Recreation Department
at a total cost of $18,816 ($2,352 each), via State
Contract, with funding from 334-6112-519-64.11 (R&R
Computer Equipment).
2. Contract award in the amount of $14,700.00 to Mathews
Consulting, Inc. for an inventory of all sidewalks owned
and maintained by the City, including location,
characteristics and condition, with funding from
334-3162-514-63.11 (General Construction Fund/R&R -
Swales/Sidewalks).
9. Regular Agenda:
A. AGREEMENT WITH CHRIS EVERT CHARITIES, INC.: Consider approval
of an agreement contract between the City and Chris Evert
Charities, Inc. for a tennis tournament to be held at the
Tennis Center during the month of October, starting this year
and continuing until the year 2000.
B. RESOLUTION NO. 42-98: Consider approval of a resolution in
support of four-laning Lake Ida Road between Congress Avenue
and Military Trail, with certain qualifications.
C. RESOLUTION NO. 43-98: Consider approval of a resolution in
support of the 21st Annual Roots Cultural Festival to be held
July 17th through August 9, 1998, together with consideration
of requested support items and insurance requirements.
D. BID AWARD TO TRIO DEVELOPMENT CORPORATION FOR REHABILITATION
OF LIFT STATIONS 16 & 31A: Consider approval of a bid award
in the total amount of $245,938.00 to Trio Development
Corporation as the lowest respDnsive bidder for the
rehabilitation of lift stations 16 and 3lA ($130,010.00 for
base bid lift station 16 rehab & $115,928.00 for alternate lA
lift station 31A elimination), with funding from
442-5178-536-61.83 (R&R Lift Station Conversion to
Submersible).
E. SETTLEMENT COUNTEROFFER/CHARLIE BROWN V. CITY: Consider a
counteroffer of settlement from Plaintiff's attorney in the
referenced matter.
F. SCHEDULE FOR ADOPTION OF FY 1999 BUDGET: Consider a change in
the City Commission meeting schedule and budget hearings for
September, 1998, due to a conflict with Palm Beach County's
budget hearing dates.
Regular Commission Meeting
July 7, 1998
G. APPOINTMENT TO POLICE AND FIRE BOARD OF TRUSTEES: Appoint a
member to the Police and Fire Board of Trustees for a two year
term ending June 30, 2000. The appointment will be made by
Commissioner Randolph (Seat %4).
10. Publ£c Hearings-:
A. ORDINANCE NO. 24-98 (FIRST READING & TRANSMITTAL
HEARING/COMPREHENSIVE PLAN AMENDMENT 98-1): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment
98-1, and authorize transmittal to the State Department of
Community Affairs for review. Amendment 98-1 includes:
(1) Future Land Use Map Amendment from TRN (Transitional) to
LD (Low Density Residential 0-5 du/acre) in part, and
from MD (Medium Density Residential 5-12 du/acre to LD
(Low Density Residential 0-5 du/acre), in part, in
conjunction with the implementation of the
Seacrest/Del-Ida Park Neighborhood Plan generally located
between Seacrest Boulevard and Dixie Highway and between
George Bush Boulevard and Atlantic High School.
(2) Future Land Use Map amendment from TRN (Transitional) to
LD (Low Density Residential 0-5 du/acre) in part, and
from LD (Low Density Residential 0-5 du/acre) to TRN
(Transitional) in part, related to the realignment of a
roadway within the Citation Club/Hammock Reserve
developments located on the east side of Military Trail,
south of Linton Boulevard.
(3) Amendment to the text of the Housing Element relating to
the adoption of the Seacrest/Del-Ida Park Neighborhood
Plan.
(4) Amendment to the text of the Conservation Element
regarding the preparation of a program to preserve or
mitigate the development of Hurricane Pines
(environmental site on the south side of S.E. 10th Street
between Dixie and Federal Highways).
B. ORDINANCE NO. 25-98 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending LDR Section 6.3.3 pertaining to the use,
design and maintenance of sidewalk cafes. If passed, a second
public hearing will be scheduled for July 21, 1998.
-,5-
Regular Commission Meeting
July 7, 1998
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 26-98: An ordinance amending Chapter 95,
"Emergency Management", of the City Code to provide
definitions for the terms "average retail price", "consumer
good", "enforcement official" and "fuel product", enacting a
provision for prohibition of price gouging during a declared
state of emergency, and providing for a revision to Resolution
D related to prohibiting price gouging. If passed, a public
hearing will be scheduled for July 21, 1998.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - JULY 7, 1998 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9.H. HART V. CITY/APPOINTMENT OF OUTSIDE COUNSEL: Consider
approval of the appointment of Leonard Carson of the firm of
Carson & Adkins to represent the City in the referenced
matter.
re f: ADDENDUM
WHEREAS, Mark Himmelein is employed as a security
guard at Abbey Delray South, 1717 Homewood Boulevard in Delray
Beach; and
WHER.EAS, on June 13, 1998, at roughly 10:30 p.m.,
Mr. Himmelein responded to a smoke detector signal coming from
an apartment occupied by Elizabeth Willets. Upon arrival, he
found the apartment filled with smoke and proceeded to assist
Ms. Willets out of the building. He then returned to the unit
where he found a smoldering pillow and comforter which he
removed to the exterior of the structure; and
WHEREAS, upon arrival, Delray Beach Fire Rescue
extinguished the still smoldering bedding but otherwise found
Ms. Willets and other residents of the community to be out of
harm's way; and
WHEREAS, had it not been for the quick actions of
Mr. Himmelein, this incident could have resulted in tragedy
with not only one life lost but possibly a major fire in a
retirement community where the potential for loss of life is
extremely high.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby recognize'and commend
MARK HIMMELEIN
for his heroic actions which resulted in averting tragedy and
saving the life of Elizabeth Willets. His willingness and
ability to respond to an emergency in such fashion exemplifies
that which is highest and best in the human spirit.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 7th day of July, 1998.
MAYOR
JAY ALPERIN
SEAL
WHEREAS, Florida is the only state in the
contiguous United States that is bordered on three sides by
the seas, with 8,426 miles of continuous tidal shoreline; and
WHEREAS, the United States Senate has called for
the development of a coordinated, comprehensive and long-range
national policy with respect to ocean and coastal activities by
passing the Oceans Act of 1997; and
WHEREAS, the United Nations has declared 1998 as
the International Year of the Ocean, and the Department of
Community Affairs, Florida Coastal Management Program, is
working to declare 1998 as the Year of the Ocean for the State
of Florida; and
WHEREAS, this declaration offers an opportunity to
bring the value of the ocean and its resources to the public's
attention, and to look for ways to improve management of these
resources so that future generations will have a healthy, vital
ocean to depend on and enjoy; and
WHEREAS, the City of Delray Beach derives
significant social and economic benefits from its coastal
location; and
WHEREAS, the coastal and ocean resources are vital
to the City's quality of life and economic development; and
WHEREAS, the City of Delray Beach has undertaken
projects and programs to protect, preserve and enhance the
quality of the Atlantic Ocean and coast for over 25 years.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim 1998 as the
YEAR OF THE OCEAN
in Delray Beach, and encourage all citizens and visitors to
utilize our ocean resources in a prudent manner while
preserving this great treasure for future generations.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 7th day of July, 1998.
MAYOR
JAY ALPERIN
SEAL
12:85:34 ~/ia Fax -> +40724371fifi Davi& T. Harden Page OBZ Of OflZ
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The Department Df Community Ar- abroad. Roads Less Traveled: contact URISA headquarters at {847)
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ITS can support the pillars of Positions
meting their effort to declare 1998 as
the Year of the Ocean for the State of sustaineJ31e development: environment. City of Deatln - City Manager.
Florida. This declaration offers an op- economics and equity. Both The City of Destln is now accepting
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management of the resources so that more Information. contact Taly Welsh. and seven-member council, elected at
fulure generations will have a healthy, communications director, PTI, at (202) large. Resort community and fishing
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proclaimed 1§98 to be the Year of the B ldgeti_ng: A Gold8 for 4,600 acres. General fund budget of
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(850) 487-2899 or Internet: http:// ways to better involve citizens in deci- or e-mail: cityhall@destln.net. EOM.
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PTI
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PAGE 2
FL CBRSTRL I"INGI"INT PROG TEL:SS0-48?-2899 Jun 26 98 10:26 No.O03 F'.O1
FLORIDA COASTAL MANAGEMENT PROGRAM
FAX TRANSMITTAL COVER SHEET
DATE: co~t~
Management
P/ogram
OF PAGES (INCLUDING COVER):
DEPARTI~{ENT OF COMMUNITY AFFAIRS, FLORIDA COASTAL MANAGEMENT PROGRAM
2555 SHUMARD OAK BOULEVARD, TALLAItASSEE, FLORIDA 32399-2100
(850) 922-5438 FAX (820) 487-2899 h~tp:/I www.state, fl.uslcomaff/~lca
HELPING FLOR1DIANS CREATE SAFE, VIBRANI, SUSTAINABLE CO~4$TAL COMMUNITIES
FL CORSTRL MNGMNT PROG TEL'850 487 2899 .Tun 26 98 10:27 No.O05 P.02
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~, 'L .' b~emd ~ lhr~"s!des'by"lhe sea,st ~Ith'~,426.mlles of contlnbous tidal sh~ellne;
. - · WHERE~'the Hn!?.d ~tipEs has the International Year of
' ~ the Ocean: and. · .' .....
""' "' ' :'"' WHEREAS. trio Unl~"~ta~es .Senate.has call~ f~ t~e development o~ a
'coordinate. Com~ehen~ve and Iong~nge nal~nol policy wHh respect to
~eon and.~tol actlvlt~s by'p~slng the Oceans Act of ]'997. and
WHEREAS, Coas~alond.oc~n re~urces are vital to Flea's qual~ of life
and economic vitbliN and In padtcul~ Mon~e Cdunty"s quall~ of life; and
WHER~. p~muanl '~o Addle I!, Section i of t~ FJo~da Constitution, If shall
~ the p~ of the State to conserve and protect Ils natu[ai 'res0um~ and Scenic
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and encourage all 'citizens to ut~Ize our OCean re~uFCes.ln a ~dent manner
~lle pres~lng this great treasure f~ futuregen~ations to en~y, ·
DATED'thk.fi'th day' of Ma~h, 1998, - - '" ' ' '" '
RESOLUTION NO. 39-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
OCTAVIO M. BARRERA, JR. FOR THIRTY (30) YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, Octavio M. Barrera, Jr. was hired by the City of
Delray Beach on June 10, 1968; and
WHEREAS, on June 10, 1998, Octavio reached a milestone in
his career, having achieved thirty (30) years of full-time public
service with the City of Delray Beach; and
WHEREAS, Mr. Barrera has been a faithful and dedicated
employee in Administrative Services (Public Works/Fleet Maintenance
Division) these past thirty years; and
WHEREAS, he has consistently performed any and all duties
required of him in an exceptionally mature and professional manner,
exhibiting competence and loyalty; and
WHEREAS, the services and knowledge provided by this
dedicated employee are sincerely appreciated.
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 hereby recognizes and commends OCTAVIO M. BARRERA, JR. for
thirty (30) years of dedicated and faithful public service.
Section 2. That the Delray Beach City Commission hereby
expresses sincere thanks and appreciation to OCTAVIO M. BARRERA, JR.
and wishes him the best of health and happiness as he continues his
career with the City of Delray Beach.
PASSED AND ADOPTED in regular session on this the 7th day
of July, 1998.
ATTEST:
- 'City C~rk 7
TO: City Manager DATE: 7/7/98
FROM: Alison
SUBJ: Change to the July 7th CC Agenda
Re Item 8.A., Appointment of City Liaison
to Pineapple Grove Main Street Board of
Directors, Paul Dorling has asked that it
be removed from the agenda.
Paul advises that John Walker will attend
the July meeting, August will be skipped,
and Diane will resume in September and
continue until the P&Z department decides
on a new liaison.
If you have any questions, please let me
know.
TO: DAVID T. HARDEN
CITY MANAGER
FROM PAUL DORLING, ACTING DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY 7, 1998
APPOINTMENT OF JOHN WALKER TO SERVE AS THE CITY
LIAISON ON THE PINEAPPLE GROVE MAINSTREET, INC.
BOARD OF DIRECTORS
** CONSENT AGENDA **
Pineapple Grove Mainstreet, Inc. was organized to restore, promote, and
maintain the charm and character of the historic commercial district of Pineapple
Grove. Its Board of Directors was established, including members of the
business community and liaisons from public and quasi-public organizations.
These organizations include the Downtown Development Authority, Community
Redevelopment Agency, Chamber of Commerce, Old School Square, West
Atlantic Redevelopment Coalition and the City. In 1994, the City Commission
appointed Diane Dominguez, Director of Planning and Zoning, to serve as the
City liaison on the Board of Directors. Ms. Dominguez has requested that she be
replaced in that capacity by another staff member.
The Pineapple Grove Mainstreet, Inc. Board of Directors voted to accept John
Walker as its City liaison at its meeting of June 10, 1998, if he is so appointed by
the Commission.
By motion, approve the appointment of John Walker as the City of Delray Beach
liaison to the Pineapple Grove Mainstreet, Inc. Board of Directors.
TO: DAVID T. HARDEN
CI~IIANAGER
THRU: PAUL DORLINC~CTING DIRECTOR
DEPARTMENT'~Z PLANNING AND ZONING
C~iR~Ec~'-'~"'-, Ly~.~~A H~A~
FROM:
SUBJECT: MEETING OF JULY 7, '1998
ACCEPTANCE OF RIGHT-OF-WAY DEED ASSOCIATED WITH THE BEREA
EVANGELICAL MISSIONARY CHURCH (FKA FIRST HAITIAN CHURCH OF
THE NAZARENE) ***CONSENT AGENDA***
The action requested of the City Commission is that of acceptance of a right-of-way deed
associated with the Berea Evangelical Missionary Church, fka First Haitian Church of Nazarene.
The church is located at the former Deer Park office site at 710 S. Swinton Avenue, at the
northwest corner of S. Swinton Avenue and S.W. 8th Street.
The site contains vacant office and storage buildings previously occupied by Deer Park Water
Company and Klear Water, Inc. The water company vacated the buildings in 1996 and the
church has purchased the buildings to establish a church facility. At its meeting of February 18,
1998, the Site Plan Review and Appearance Board approved a site plan modification for the
establishment of the church, subject to conditions. One of these conditions was that 20' of
right-of-way be dedicated along S.W. 8th Street to increase the width to 50'.
The deed dedicating the right-of-way to the City has been properly prepared and is ready for
City Commission acceptance.
By motion, accept the right-of-way deed associated with the Berea Evangelical Missionary
Church.
Attachments:
· Location Map, Reduced Site Plan, and Right-of-Way Deed
CiTY OF DELRA Y BEACH ~
COMPLEX ~
TR£A TMENT S w. *~ Sm.
PLANT
It111 I! II IIIII1 ll,~ j~ I 111t
S.W. 10~ S~T
' '"
Pt~E CRO~ ~ ~ . PLACE
E~ENTARY -- [~CO~DOS
SCHO0~
OF DSLRAY S~RUN* ~ =E~m~ ~. I ~AILER
SULF S~EA~ A ~
~~ C~MERC,AL CEN~E ~ L ~ A Y DOMA,NE
DELRA Y
~ BEREA EVANGELICAL_ MISSIONARY CHURCH
c,~, or ~R,~.~,C~. r~ (f.k.a. FIRST HAITIAN CHURCH OF NAZARENE)
---- DI~IT~ ~[ MAP ~ ---
MAP R~F: LM1~5
~ ' ~ S~l~t on A'~en'~e
* ~[ ~~, ..... ,...
710 South Swlnton Avenue
City of Delray Beach
F I o r I d
Prepared by: RETURN:
R. Brian, Esq.
City Attorney's Office
200 N.W. 1 st Avenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INDENTURE ,made this ~ day of ~ 1998, between
· e ~t p~ ~d CI~ OF DEL~Y BEACH, FLO~DA, a Florida m~cip~ co.ration
~ a ~ling ad.ss of 100 N.W. Ist Avenue, Defray Beack Flofi~ 334~, ~ p~ of~e
second p~.
WITNESSETH:
~t ~d ~ of ~e ~ ~ for ~d ~ ~midemtion of ~e s~ of One Doll~
($1.00) ~d o~er v~mble comidemtiom p~d, receipt of w~ch is hereby ac~owledged, does
hereby ~t, re. se, ~le~e, quit cl~m ~d convey ~to ~e p~ of ~e second p~, its
successors ~d ~si~, ~1 fi~t, title, interest, cl~m ~d dem~d w~ch ~e p~ of~e first p~
~ in ~d to ~e follo~g-descfi~d l~d, slate, lying ~d ~ing ~ ~e Co~ of P~m Beach,
S~te of Flofi~ to-~t:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the
second part, its successors and assigns, a right-of-way and easement in and to said lands for
public highway, street, and public utility purposes; and is made, executed and delivered with the
express understanding and condition that should the same ever be discontinued or abandoned as a
public highway or street, the title to same shall thereupon revert to and revest in the party of the
first part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. That the party of the first part agree to provide for the release of any and
all mortgages or liens encumbering this right-of-way. The party of the first part also agree to
erect no building or effect any other kind of construction or improvements upon the above-
described property.
Party of the first part does hereby fully warrant the title to said land and will
defend the same against the lawful claims of all persons whomsoever claimed by, through or
under it, that it has good right and lawful authority to grant the above-described right-of-way and
that the same is unencumbered. Where the context of this Right-of- Way Deed allows or permits,
the same shall include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behoof of the said party of the second part, its successors and
assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand
and seal the date first above written.
Signed, sealed and delivered PARTY OF THE FIRST PART
in the presence of.'
(Name printed or typed) (Name printed or typed)
(Xda esg - -
(Name?p~~d)
(CORPORATE SEAL)
ST^TEOF
COUNTY OF~~~~
The foregoing instrument was aclmowledged before me this ff~,~ day of
(name of corporation acknowledging), a .ff_,~e2Jc~,~ (state ,of/place of incorporation)
corporation, on behalf of the corporation. He/She is pe~or has produced
identification (type of identification) as
identification and (did/did not) take an oath. //Si/g~a~/~~°~da~
towdeed.fim
INm'~utY Ptmt.;c s?/~'rE o~ FLOmD^I
Prepared by: RETURN:
David N. Tokes, Esq.
City Auomey's Office
200 N.W. I st Avenue
' .. Delray Beach, Florida 33444
. .. SUBORDINATION OF ENCUMBRANCE TO pROPERTY
RIGHTS TO CITY OF DELRAY BEACH. FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That whereas it is proposed by the City of
Delray Beach to locate, construct, maintain, and/or improve road and street facilities in the
City of Delray Beach, Florida, in accordance with the plans on file in the office of the City
Engineer; and,
WHEREAS, a portion of the lands involved and necessary for said project is subject to a
mortgage held by the undersigned; and
WHEREAS, on behalf of the City of Delray Beach, a request has been made for the
undersigned to subordinate said encumbrance to the property fights of the City of Delray
Beach in and to the portion of the premises hereinafter described.
NOW THEREFORE, WITNESSETH: That for and in consideration of the premises
and Ten ($10.00) Dollars in other good and valuable considerations, paid, receipt of which is
hereby acknowledged, the undersigned subordinates said encumbrance to the property rights of
the City of Delray Beach, Florida, to locate, construct, maintain and/or improve said project
over, through, under and/or across the following described lands, being a portion of the
encumbered premises in Palm Beach County, Florida, to wit:
See Exhibit "A' Attached hereto
insofar as said premises are affected by the following described encumbrance now held by the
undersigned:
NATURE RECORDED
ENCUMBRANCE DATE FROM OR AGAINST IN FAVOR OF BOOK-PAGE
PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly understood and agreed
that this instrument subordinates said encumbrance insofar as same affects the rights and
privileges of the City of Delray Beach .in its use of the land specifically above described for
drainage easement purposes only and that nothing herein contained shall in any way alter,
affect, impair, minimi?e, or diminish the effect of said encumbrance or the remedies at law
or in equity for recoverin4 thereunder, or against the parties charged thereby, the full amount
of all sums secured by and/or under the same. It is further understood and agreed that in the
event said above described premises are abandoned by the City of Delray Beach and cease to
be used for utility easement and maintenance purposes that the subordination of said encum-
brance shall terminate in and to such portion abandoned and no longer used as aforesaid, and
the encumbrance shall become of the same status with reference to such abandoned portion as
if the subordination had never been made.
IN WITNESS~ WHEREOF, the said holder of the encumbrance has duly executed this
instrument this /~r~.day of ~3"~/~£ ,1998.
., Signed, sealed and delivered in the presence of:
· -. (2 witnesses required by Florida Law)
(name printed or typed)
WITNESS//2:
(name printed or typed)
ST^TE OF trloCt ~5~q
cOUNTY OF~\C~ (Se0~
The foregoing instrument was acknowledged before me this ~ day of
--~,~ ,1998by G~-at~:X, ~}k~- (name of officer or agent, titleof
officer or agent) of ~fX:~0.O~ ~c~l ~ (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the corporation.
He/She i~~--~to me or has produced '~-c5c~0,-[~.~ [,o~.~.~3},~ (type of
I
identification) as identification and did (did not) take an oath.
Signature of Nota~ Public
RES dUN ~0,
SKETCH OF DESCRIPTION I
SCALE: 1' = 20'
fEAST LINE OF AMENDED PLAT OF SUNNY HEIGHTS
(PLA T BOOK 27, PAGE 221)
~ WEST L/NE OF THE E.$/4 OF LOT 11
c~ NO TES:
~ THIS IS NOT A SURVEY
~ =, CENTERLIN£
,5.o' _
I ~ FO~. ~ ~. 244.0'
I ~ DESCR~TION:
~ THE SOUTH 20.0 FEET OF THE EAST
390.05 FEET OF THE NORTH 244.0
~ FEET OF THE EAST THREE QUARTERS
i {E.3/4) OF LOT 11, LESS THE EAST
~ ~ 3~.0 FEET THEREOF FOR THE RIGHT
' OF WA Y OF SWINTON A VENUE, SAID
~ ~ LOT 11 LYING IN SECTION 20, TOWNSHIP
46 SOUTH, RANGE 43 EAST, DELRAY
~ ~ ~ ~ BE~CH, FLOR~OA, AS RECOROEO ~N
~ ,'~ '' ~ ~ PLAT 800K I ON PAGE 4, SH&ET 1,
~ OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
I
EXHIBIT A
SHEET I OF 1
~ g) C_ S~NTON ~ VENUE
- DA
] O~R~,
~AR~:
2~0~ ~TH FED~AL ~A Y
~LRA Y ~ACH FL~A
ORDER NO. 74-9~ (561) 2X~-450~ (56~) 7~2-5279
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,S"'1
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JULY 7, 1998
SUBSIDIZED LOAN AGREEMENT BETWEEN THE CITY, COMMUNITY
REDEVELOPMENT AGENCY AND NORTHERN TRUST BANK
DATE: JULY 1, 1998
This is before the Commission to approve a subsidized loan
agreement which permits Northern Trust Bank of Florida, N.A. to
be added to the list of banks participating in the CRA's
subsidized loan program for certain business loans, residential
exterior rehabilitation loans, and certain non-residential
commercial property improvement loans.
The CRA approved the agreement with Northern Trust Bank at their
meeting of June 25, 1998. The agreement has also been reviewed
and approved by the Director of Community Improvement and the
City Attorney.
Recommend approval of the subsidized loan agreement between the
City, the CRA and Northern Trust Bank.
ref:agmemo6
MEMORANDUM
TO: Susan Ruby, City Attorney
FROM: Alison Harry, City Clerk
SUBJECT: Subsidized Loan Aqreement with Northern Trust Bank
DATE: July 1, 1998
As we discussed, attached is a copy of the subsidized loan
agreement between the City, the CRA and Northern Trust Bank as a
participating bank in the CRA's subsidized loan program. The CRA
Board approved the agreement on June 25th. Lula Butler reviewed
it and signed off on July 1st.
The attached is provided for your information and review. The
agreement is on the consent agenda for approval by the Commission
on July 7th.
Thanks for your help.
AMH/m
Attachment
MEMORANDUM
TO: Lula Butler, Director of Community Improvement
FROM: Alison Harty, City Cler~
SUBJECT: Subsidized Loan Aqreement with Northern Trust Bank
DATE: July 1, 1998
I've received a request from the CRA to put the attached
subsidized loan agreement on the July 7th agenda for Commission
approval. My draft cover memo is also attached. The CRA Board
approved the agreement on June 25th.
The attached is provided for your information and review. If you
have any comments or corrections, please let me know as soon as
possible. If everything looks okay to you, please initial this
memo and return to me asap.
Thanks for your help.
AMH/m
Attachments
Community
Redevelopment ,, ,.,"
· Agency
Delray Beach
'
I RECEIVED
July 1, 1998 CITY CLERK
Ms. Alison MacGregor-Harry
City Clerk
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Subsidized Loan Agreement with Northern Trust
Dear Alison:
The CRA Board of Commissioners approved the CRA Subsidized Loan Agreement with Northern
Trust Bank at their meeting of June 25, 1998. Would you please put this item on City Commission
agenda for their approval.
Enclosed are two originals which have been executed by Northern Trust. When the Mayor and City
Attorney have signed them, would you please return the originals to me.
Thank you.
Si~~,~,,.~
Diane Hervey
Assistant to the Director
/d
Enclosure
cc: David Harden, City Manager
Susan Ruby, City Attorney
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640/Fax (561) 276-8558
Community
Redevelopment
Agency
Delray Beach
!
CITY CLERK ,. I
July 1, 1998
Ms. Alison MacGregor-Harty
City Clerk
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
RE: Subsidized Loan Agreement with Northern Trust
Dear Alison:
The CRA Board of Commissioners approved the CRA Subsidized Loan Agreement with Northern
Trust Bank at their meeting of June 25, 1998. Would you please put this item on City Commission
agenda for their approval.
Enclosed are two originals which have been executed by Northern Trust. When the Mayor and City
Attorney have signed them, would you please return the originals to me.
Thank you.
Sin.c,/~ely,
Diane Hervey
Assistant to the Director
/d
Enclosure
cc: David Harden, City Manager
Susan Ruby, City Attorney
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
SUBSIDIZED LOAN AGREEMENT
THIS CERTAIN AGREEMENT, by and between COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF DELRAY BEACH, hereinafter referred to as the "CRA," and
NORTHERN TRUST BANK OF FLORIDA N.A., hereinafter referred to as the "BANK," and
the CITY OF DELRAY BEACH, hereinafter referred to as the "CITY," is hereby made and
entered into this __ day of ,1998.
WITNESSETH:
WHEREAS, the parties have heretofore entered into the above described Agreement (the
"Agreement") for the providing of a subsidized loan program ("the Program"); and
WHEREAS, the parties are desirous of entering into said Agreement to set forth their
respective responsibilities for administering said program and to provide other requirements with
respect thereto.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the Agreement is hereby amended and restated in its entirety as follows:
1. The CRA has committed certain funding in its budget for the Program and said
funds will be available to the various participating banks on a first come first serve basis. The
funds will be committed to an individual bank in accordance with the Program in the order of
receipt by the CRA of a written firm loan commitment to individually approved borrowers. For
purposes of determining the order of receipt, all loan commitments will be deemed received upon
the physical receipt by the CRA at the office of its Executive Director.
2. The CRA will accept initial loan ap,.plications for the Program from prospective
borrowers and will approve or disapprove them, in the order of receipt, solely on the basis of the
proposed loan being for a qualified purpose as hereinafter defined in Exhibit "A," to single-
family residence or multi-family residential property or a non-residential commercial property
("Exterior Rehabilitation Loan"), or, to a business owner whose business location lies within the
redevelopment area of the CRA ("Business Loan"). Upon such approval, the loan application will
be forwarded by the CRA to the participating bank selected by the borrower, and upon receipt of
the loan application approved by the CRA the respective bank shall perform its underwriting
evaluation for approval or disapproval. Such Certificate of Approval issued by the CRA will state
that the City shall be responsible for the disbursements required under the loan. In the evem the
BANK is provided with a CRA approved application and the BANK approves such loan and issues
a firm commitment therefore, the BANK shall forthwith deliver to CRA, in care of its Executive
Director, such loan commitment.
3. Upon receipt of an approved loan commitment from the Bank and receipt of closing
statemem, subject to the availability of funds for the Program, the CRA shall pay to the bank the
prepaid interests as described in Paragraph 5 herein. In the event the subject loan is prepaid in
full by the borrower, the borrower shall notify the CRA and the BANK office originating the loan
of such prepayment, and the BANK shall pay to the CRA within thirty (30) days after such
prepayment an amount equal to the unearned interest as determined in accordance with a straight
amortization schedule computed at the note interest rate reflecting the interest due for the
unexpired term of the loan. The BANK expressly acknowledges and agrees that the CRA shall
have no liability for the payment or obligation for any sums of whatever nature other than the
initial interest paid as herein above provided. The parties acknowledge that the CRA will not be
entitled to any refunds of interest on loans which a~e not prepaid in full or are in default and
2
have been charged off by the BANK. At closing the borrower shall be required to execute an
Affidavit in form approved by the CRA as described in Exhibit "B," that the sole use of the
proceeds of the loan will be only for the purposes set forth in the approved loan application.
Further, the BANK shall require the borrower to execute a loan disbursement agreement providing
that in the event all of the work required to be performed pursuant to the loan application in order
to obtain the full disbursement of the loan is not completed within the date provided for in said
loan agreement, the CITY shall return the undisbursed funds to the BANK, the loan shall
thereupon be reduced to such sums as shall have been disbursed by that date, and the BANK shall
reimburse the CRA for the unearned interest as provided for above; provided the loan is paid in
full and not in default.
4. A. Upon the closing of the loan with the borrower, and upon the Bank
delivering the funds to the City, the CITY shall disburse the loan proceeds in accordance with the
terms of the loan agreement. The borrower shall provide such reasonable documentation as the
BANK and the CITY, respectively, shall require with regard to disbursements requested.
Disbursements may only be made for the payment of completed work or purchase of applicable
improvements.
B. There shall be no reimbursements allowed as a part of the subject loan for
work completed prior to the closing of the loan.
C. All disbursements for Business Loans must be accompanied by invoices and
paid receipts.
5. The CRA and the BANK hereby agre~ that loans which will qualify for the Program
will be made upon the following terms and conditions:
3
A. Business Loans:
(i) Loan Amount: ten thousand dollars ($10,000.00) minimum to fifty
thousand dollars ($50,000) maximum;
(ii) Purpose: construction of tenant improvements and small additions
to leased premises within the community redevelopment area;
(iii) Borrower Qualification: subject to Bank's underwriting standards;
(iv) Term: maximum term for loan shall be sixty (60) months of equal
principal payments; p ,r~ ~03~' 0
(v) Interest Rates: shall be fixed at the Prime Rate plus 1%~
is defined as the interest rate published or announced by Bank from time to time as its Prime Rate;
(vi) Interest Subsidy by the CRA: shall be one-half (1/2) of the
computed interest (utilizing the simple interest method) at prime rate for the term of the loan
agreement.
(vii) Fees: normal closing costs including but not limited to recording
fees, Security Agreement, filing fees, documentary stamp tax, intangible tax, etc., (these fees may
be financed as part of the Loan by the BANK). In addition, a 10an processing fee of one hundred
dollars ($100.00) for unsecured loans and two hundred dollars ($200.00) for secured loans may
be levied by the BANK.
B. Residential, Exterior Rehabilitation Loans:
(a) Owner occupied, single-family, residential home improvements:
(i) Loan amount o,.n unsecured loans: two thousand five hundred
dollars ($2,500.00) minimum to ten thousand dollars ($10,000.00) maximum;
4
(ii) Loan amount on loans secured by first mortgages, second
mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to ten
thousand dollars ($10,000.00) maximum;
(b) Two Unit Residential Improvements:
(i) Loan amount on unsecured loans: two thousand five hundred
dollars ($2,500.00) minimum to fifteen thousand dollars ($15,000.00) maximum;
(ii) Loan amount on loans secured by first mortgages, second
mortgages or other acceptable collateral: five thousand dollars ($5,000.00) minimum to fifteen
thousand dollars ($15,000.00) maximum;
(c) Three or More Residential Units:
(i) Loan amount on unsecured loana per unit: two thousand five
hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a
maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one
applicant.
(ii) Loan amount on secured loans per unit: two thousand five
hundred dollars ($2,500.00) minimum to five thousand dollars ($5,000.00) maximum, with a
maximum aggregate loan of fifty thousand dollars ($50,000.00) for all units owned by one
applicant.
(d) Purpose: qualifying alterations, repairs and/or improvements to
residential properties of the owner where the work substantially protects or improves the exterior
of the property as described in Exhibit "A."
(e) Loan to value ratio: the maximum loan to value ratio after the
5
improvements and including all mortgages shall not exceed eighty-five percent (85%) of the
appraised value or one hundred twenty-five percent (125%) of the tax assessed value.
(f) Term: maximum term for both secured and unsecured shall be sixty
months (60) of equal principal payments.
(g) Interest rates: both secured and unsecured loans shall be fixed at the
Prime Rate as of the date of closing.
(h) Interest subsidy by the CRA: shall be 100% of the computed interest
(utilizing the simple interest method) at Prime Rate for the term of the loan agreement. The CRA
shall pay the interest at the day of closing of the loan.
(i) Fees:
(i) A loan processing fee of fifty dollars ($50.00) for secured and
unsecured loans for owner occupied, single-family dwellings may be levied by the BANK.
(ii) A loan processing fee of one hundred dollars ($100.00) for
unsecured loans and two hundred dollars ($200.00) for secured loans for multi-family residential,
one or more units, may be levied by the BANK.
(iii) Normal closing costs including but not limited to appraisal,
recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and
intangible tax, etc. (the subject closing costs) may be financed by the BANK.
C. Non-Residential, Commercial Property Improvements:
(i) Loan Amount: five thousand dollars ($5,000.00) minimum to twenty
thousand dollars ($20,000.00) maximum. ~
(ii) Purpose: qualifying improvements of the exterior of non-residential
6
commercial properties as described in Exhibit "A."
(iii) Loan to value ratio: the maximum loan to value ratio after the
improvements and including all mortgages shall not exceed eighty-five percent (85%) of the
appraised value or one hundred twenty-five percent (125 %) of the tax assessed value.
(iv) Term: sixty months (60) equal principal payments.
(v) Interest rates: both secured and unsecured loans shall be fixed at the Prime
Rate plus 1% az, established by NoiCa¢~a Tc.-.st Bank Pr:~_-~-,~as of the date of closing.
(vi) Interest subsidy by the CRA: shall be one-half (1/2) of the computed
interest (utilizing the simple interest method) at Prime Rate for the term of the loan agreement.
(vii) Loan processing fee: of one hundred dollars ($100.00) for unsecured loans
and two hundred dollars ($200.00) for secured loans may be levied by the BANK.
(viii) Closing costs: normal closing costs including but not limited to appraisal,
recording fees, title insurance, owners and encumbrance search, documentary stamp tax, and
intangible tax, etc. (these fees may be financed as part of the loan by the BANK, but the CRA will
not be responsible for the interest on the financing of such costs).
(ix) Collateral: The loans to be collateralized as the BANK deems necessary.
Personal guarantees will be required in all instances unless waived by the BANK.
6. The BANK hereby agrees to commit a maximum pool of funds of fifty thousand
dollars ($50,000.00), excluding the amounts of all loans made to date, for the Loan Program for
a period of one year (1) from the date of this Agreement or until such pool of funds is exhausted
through the making of Program loans, whichever c,.omes first.
7. It is mutually understood that the agreements and covenants contained herein are
7
severable, and in the event any of them shall be held to be invalid, this Agreement shall be
interpreted as if such invalid agreements or covenants were not contained herein.
8. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
9. If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, costs of
appeal and necessary disbursements in addition to any other relief to which it may be entitled.
10. The rights and benefits of this Agreement shall not be transferable by any party
without the written consent of the other.
11. Notices to any party to this Agreement shall be sent to the following:
Christopher J. Brown
Executive Director
Community Redevelopment Agency
24 North Swinton Avenue
Delray Beach, FL 33444
Lula Butler
Director, Community Improvement
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Susan Dsurney
Northern Trust Bank
770 East Atlantic Avenue
Delray Beach, FL 33483
12. Either party may cancel this Agreement by 30 days written notice to the other. Any
loans upon which a firm commitment has been issued by the BANK, will be honored according
to the terms of such commitment even if notice of termination has been given by either party.
8
Notice shall be deemed given if sent by a recognized courier or overnight delivery service or
certified mail, return receipt requested.
WITNESSES: NORTHERN TRUST BANK
CITY OF DELRAY~I~ACH
By:
Attest:
By:
City Clerk
Approved as to form:
By:
City Attorney
9
EXHIBIT "A"
1. The following are authorized under the Business Loan:
a. Tenant improvements, exterior and interior;
b. Signage;
c. Small additions to an existing building;
d. Permanent fixtures.
2. The following external improvements to property are authorized under this program:
a. Re-roofing, including rigid insulation;
b. Painting;
c. Awnings;
d. Shutters;
e. Siding;
f. Replacement of rotten wood;
g. Doors;
h. Windows;
i. Driveways/paving; parking;
j. Landscaping (sod, trees, bushes, plants, and irrigation system);
k. Exterior modifications such as rebuilding a porch;
1. Exterior lighting.
3. All materials and work must be in comphance with applicable City of Delray Beach
Building Codes.
4. Loan proceeds may be used to pay for applicable building permits and loan fees.
EXHIBIT "B"
AFFIDAVIT
STATE OF FLORIDA )
) SS
COUNTY OF PALM BEACH )
Before me, the undersigned Notary Public in and for the aforesaid County and State,
personally appeared , hereinafter referred to as
("Borrowers") who by me being fn'st duly sworn and cautioned, deposed, stated, and
acknowledged the following:
1. Our names are We
reside at , and
we, having personal knowledge of the loan with Northern Trust Bank, hereinafter referred to as
(the "Loan"), and the following described matters, depose, state, and acknowledge same to be
true.
2. We hereby state that as an inducement to Northern Trust Bank, entering into that
certain Security Agreement dated the __ day of ,199 and that
certain Promissory Note of even date in the principal amount of
Dollars ($ ) and as an inducement to
the Community Redevelopment Agency of the City of Delray Beach agreeing to subsidize the
certain interest due on said Loan, your Affiants state under penalties of perjury that the proceeds
of said Loan will be used solely for purposes as set forth in the approved loan application and for
no other purposes.
3. Furthermore, in the event that the loan is prepaid, the borrower agrees to notify the
Community Redevelopment Agency and the bank office originating the loan, respectively located
as stated below:
Community Redevelopment Agency
24 North Swinton Avenue
Delray Beach, FL 33444 ,
ATTN: Executive Director
Northern Trust Bank
770 East Atlantic Avenue
Delray Beach, FL 33483
ATTN: Commercial Loan Dept.
4. The borrowers hereby acknowledge and covenant that they will not apply for and
shall expressly disclaim any offered or available ad valorem tax assistance or abatement with
respect to the real property being improved with the proceeds from the loan so long as any sums
due under the loan shall remain outstanding.
Further Affiants sayeth naught.
Sworn to and subscribed before me by
, this ~ day of ,
199
Notary Public
(SEAL)
My Commission Expires:
Who are personally known to me
Or who produced
as identification
DELI~AY BEACH
CITY CLERK
1993
July 13, 1998
Ms. Diane Hervey
Community Redevelopment Agency
24 North Swinton Avenue
Delray Beach, FL 33444
Re: Resolution No. 44-98
Dear Diane:
Enclosed for your use is a certified copy of Resolution No. 44-98
authorizing the Community Redevelopment Agency to acquire the
Leonard Davis property in Block 28. The resolution was passed
and adopted by the Delray Beach City Commission in regular
session on July 7, 1998.
If you have any questions, please call me at 243-7050.
Sincerely,
Alison MacGregor Harry
City Clerk
AMH/m
Enclosure
cc: CRA file
THE ~;::ORT ALWAYS MATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYMkNAGER/~
RESOLUTION NO. 44-98 (AUTHORIZING THE ACQUISITION OF
PROPERTY BY THE COMMUNITY REDEVELOPMENT AGENCY)
DATE: JULY 1, 1998
The CRA Board of Commissioners approved Resolution No. 98-4 (copy
attached) at their meeting on June 11, 1998. It requests the City
Commission to authorize the Community Redevelopment Agency's
acquisition of the south 30 feet of Lot 6, Block 28, Town of
Delray (Leonard Davis property).
The City Commission previously authorized the CRA's acquisition of
this property with the adoption of Resolution No. 6-98A on January
6, 1998. The Commission subsequently authorized the City Attorney
to commence foreclosure proceedings against the property based on
outstanding nuisance abatement liens. However, because of time
constraints, the CRA now wishes to proceed with eminent domain
action in order to acquire the property. It is appropriate that a
new resolution be adopted by the City Commission authorizing them
to do so.
Recommend approval of Resolution No. 44-98.
ref:agmemol0
Community
Redevelopment
l l/l Agency
Delray Beach
June 29, 1998
Ms. Alison MacGregor-Harty
City Clerk
City of Delray Beach
100 NW l't Avenue
Delray Beach, FL 33444
RE: CRA Resolution 98-4
Dear Alison:
Enclosed is CRA Resolution 98-4 which was approved by the CRA Board of Commissioners at their
meeting of Thursday, June 25, 1998. This resolution requests City Commission approval to acquire
the Leonard Davis property on Block 28. Would you please put this item on the next regular City
Commission agenda.
Thank you for your assistance.
Sincerely,
Diane Hervey
Assistant to the Director
/d
Enclosure
cc: David Harden, City Manager w/enclosure
Susan Ruby, City Attorney w/enclosure
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640/Fax (561) 276-8558
RESOLUTION ~0- gF° ~
A RESOLUTION OF THE BOARD OF COMMISSIONI~RS OF THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY REQUESTING TH~ CITY COMMISSION OF THE
CITY OF DELRAY BEACH TO AUTHORIZE THE ACQUISITION IN FEE SIMPLE
TITLE BY GIFT, PURCHASE OR EMINENT DOMAIN OF CERTAIN PROPERTY
HEREINAFTER DESCRIBED, FINDING THAT SAID PROPERTY IS NECESSARY FOR
THE PUBLIC PURPOSE OF REDEVELOPMENT IN ACCORDANCE WITH THE COMMUNITY
REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES.
WHEREAS, the Delray Beach Community Redevelopment Agency has duly adopted
a Community Redevelopment Plan for the area within its jurisdiction; and
WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the
Co~unity Redevelopment Agency has established goals and objectives with respect
to the revitalization of the downtown business district and the encouragement of
new commercial activities within the community redevelopment area; and
WHEREAS, the City C~mm~ssion of the City of Delray Beach is in the process
of approving a modification to the Community Redevelopment Plan to provide for,
among other things, the expansion of the Peach Umbrella Plaza I to encompass the
real properties described as:
The South 30 feet of Lot 6, Block 28, TOWN OF DELRAY, according to
the Plat thereof recorded in Plat Book 1, Page 3, Public Records of
Palm Beach County, Florida.
WHEREAS, a component of the above described project is the acquisition of
lands necessary to facilitate said project; and
WHEREAS, the Community Redevelopment Agency has determined that it is in
the public's interest to proceed with the acquisition of the properties
hereinafter described by gift, purchase, or eminent domain and pursuant to
Section 163.370 and Section 163.375 Florida Statutes it is appropriate to request
the City of Delray Beach to authorize the Delray Beach Co~unity Redevelopment
Agency to exercise the power of eminent domain subject to the Amendment to the
Plan as above referred to and to the extent it determines is necessary for the
said acquisition of the property described above.
NOW, THEREFORE, BE IT HESOLVED by the Board of Co~missioners of the Delray
Beach .C~mmunity Redevelopment Agency that:
Section One: The City Commission of the City of Delray Beach is
hereby requested upon their final adoption of the modification of the Community
Redevelopment Plan as above described to authorize the acquisition of the
following parcel of real property legally described above, by gift, purchase, or
eminent domain as described in Sections 163.370 and 163.375 Florida Statutes and
Chapters 73 and 74 Florida S~atutes. The Delray Beach Conununity Redevelopment
Agency shall acquire fee simple title to said properties following the delegation
of the above described power of eminent domain by gift, purchase, or eminent
domain.
~_~L~9~t_~: The Board of Commissioners of the Community Redevelopment
Agency hereby determines that it is necessary to acquire the property described
above pursuant to its Community Redevelopment Plan and more particularly the
Peach Umbrella Plaza I as contained therein.
· ~I_T~L~ This Resolution shall take effect in~ediately upon ~assage.
PASSED AND ADOPTED this ~day of ~Jw~- , 1998.
RESOLUTION NO. 44-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION
OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED
BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, by Ordinance No. 46-85 adopted by the City of
Delray Beach, the City Commission of the City of Delray Beach,
Florida, created the Delray Beach Community Redevelopment Agency; and
WHEREAS, pursuant to Section 163.370(1) (e) (2), Florida
Statutes, the Delray Beach Community Redevelopment Agency possesses
the power to acquire by gift, purchase or eminent domain any real
property within the community redevelopment area; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has been requested by Resolution No. 98-4, adopted by the
Delray Beach Community Redevelopment Agency, to authorize the
acquisition in fee simple by gift, purchase or eminent domain, of
certain property described therein; and
WHEREAS, Section 163.370(1) (e) (2), Florida Statutes,
further provides that a community redevelopment agency may not
exercise any power of eminent domain unless the exercise has been
specifically approved by the governing body of the municipality which
established the agency; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, desires to approve or authorize the acquisition of the
property hereinafter described by the Delray Beach Community
Redevelopment Agency by gift, purchase or eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Delray Beach Community Redevelopment
Agency is hereby authorized to acquire fee simple title by gift,
purchase or eminent domain that certain property more specifically
legally described as follows:
The South 30 feet of Lot 6, Block 28, TOWN OF
DELRAY, according to the Plat thereof recorded in
Plat Book 1, Page 3, Public Records of Palm Beach
County, Florida.
Section 2. That this resolution shall take effect
immediately upon passage.
PASSED ~ ~OPTED in regular session on this the 7th day
of July, 1998.
ATTEST:
--- ~ity ~le~ - '
- 2 - Res. No. 44-98
MARTIN LUTHER KING JR. DRIVE
,,, CITY
N.W. 1SI ST.
" ~ ~ CENTER
FIRE
' S TA TI ON
~. ~ TENNIS
ATLANTIC AVENUE
S.w. 1ST ST.
S.W. 2ND ST.
~ - C.R.A. PROPERTY AQUISITION -
ab o~ ~u~A~.~^~... (LEONARD DAVIS PROPERTY)
Pt.A~INING a, ZONING ~T
-- ~ ~ ~P ~M -- ~ R~: ~01
Memorandum
TO: David Harden, City Manager
THRU: Lula Butler, Community Improvement Director
FROM: Michael Simon, Interim Community Development Coordinator {'~{)x
DATE: June 30, 1998
SUBJECT: Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
This item is to request 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 parmership 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 has been
approved by all parmers.
Each potential homebuyer is required to attend a homebuyers seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Programs 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
$40,000 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 eligible applicant of
the following property: Lot 20, Block 6, Atlantic Gardens / $10,000.00
AGENDA REQUEST
Request to be placed on: Date: June 30, 1998
__ Regular Agenda
Special Agenda
Workshop Agenda
xxxx Consent Agenda When: July 7, 1995
Description of item:
Authorization and approval to issue subsidy to one eligible applicants under the Delray
Beach Renaissance Program totaling $10.000.00
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of' subsidy award. Funds are to be awarded from the State
Hou?ing Initiatives Partnership Program (SHIP) dollars.
SHIP total $10,000.00 Account# 118-1924-554-83.01
Department Head Signature: ~ ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving exp.enditure of funds):
Funding Available: ~NO(~'t I' I% 6'
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda: E~O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
s:\commun-l\cdXrenprgm\agenrqeq.doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES CENSUS TRACT 68.01
NAME David and Gabriella Dent
PROPERTY ADDRESS 130 SW 1 lth Avenue. Delray Beach
LEGAL DESCRPTION Lot 20. Block 6. Atlantic Gardens
% OF AREA MEDIAN HOUSEHOLD INCOME 44 # IN HOUSEHOLD 5
COST OF CONSTRUCTION $80.350 COST OF LOT $ 8.000
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 72.500.00 Community. Finance Consortium
RATE 6.725
LTV 73 %
SECOND MORTGAGE $ City. of Delray. HOME
$ 10,000.00 City of Delray. SHIP
$ CRA of Delray
$ Housing Authority.
THIRD MORTGAGE $ Federal Home Loan Bank
GRANT $ HTF "A"
APPLICANT FUNDS
Pre-paids $ 305.00
Escrowed $ 8.000.00 lot eqljiW
Paid at closing $ 1.331.00
TOTAL TRANSACTION $ 92.136.00
s:\commun~renprgXsubrest.doc
City of Delray Beach Community Improvement Department
MEMORANDUM
TO: David L. Harden, City Manager
,/9
FROM: Lula Butler, Community Improvement Director ~
DATE: July 1, 1998
SUBJECT: Request to Amend Subsidy Award/Delray Beach Renaissance Affordable
Housing Program
ITEM BEFORE THE COMMISSION
Approval of staff request to increase the subsidy awarded to an eligible homebuyer from
$18,000 to $23,000. Funds are available from the City's annual allocation of State
Housing Initiatives Partnership Program (SHIP) funds.
BACKGROUND
City Commission approved a $18,000 subsidy award from the designated SHIP Program
funds pursuant to staff's request at the regular meeting of June 16, 1998. The non-profit
partner, TED Center, had requested a $25,000 subsidy to facilitate the homeownership
opportunity. Staff recommended the award of $18,000 from the City's SHIP funds,
$2,000 from the Housing Authority and $5,000 from Federal Home Loan Bank Program
funds. City Commission approves all subsidy awards above $5,000 under the
Renaissance Program. We have determined that the applicant did not meet all of the
criteria established for the Federal Home Bank funds, thus an increase in the subsidy
amount of $5,000 is requested from ship funds.
RECOMMENDATION
Staff is recommending City Commission approve the increase in subsidy to $23,000 for
the eligible homebuyer of Lot 17, Block 6, Osceola Park E. pursuant to policies and
procedures established under the Delray Beach Renaissance Affordable Housing
Program.
AGENDA REQUEST
Request to be placed on: Date: July 1, 1998
Regular Agenda
__ Special Agenda
Workshop Agenda
xxxx Consent Agenda When: July 7, 1998
Description of item:
This item is to request approval of staff request to increase the subsidy awarded to an
eligible homebuyer from $18,000 to $23,000.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of increase of subsidy to $23,000 for the eligible homebuyer
of Lot 17, Block 6, Osceola Park E. pursuant to policies and procedures established under
the Delra¥ Beach Renaissance Affordable Housing Program. Funds are to be awarded
from the State Housing Initiatives Partnership Program (SHIP) dollars.
SHIP total $ 5,000.00 Account # 118-1924-554-83.01
Department Head Signature:
p'.'} z -
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all item~ng expenditure of funds):
Funding Available: ~N~'1~ \'~ q ~
Funding Alternatives: .(if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved forAgenda' E~O ~t~'~ 1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
s:\commun-1 X, cd\renprgm\agenrqeq.doc
Memorandum
TO: David Harden, City Manager
FROM: Michael Simon, Interim Community Development Coordinator
THRU: Lula Butler, Community Improvement Director~/~
DATE: June 10, 1998
SUBJECT: Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE TWE COMMISSION
City Commission authorization and approval to issue subsidy to four eligible applicants 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, 1997. An agreement to extend the program for one additional year has been
approved by all partners and the City Commission.
Each potential homebuyer is required to attend a homebuyers seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Programs 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 accounting 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 ~eater than $15,000 but less than
$40,000 per unit are forgiven at a rate of 10% per year for 10 years.
RECOIVINIENDATION
Staff is recommending City Commission approval to fund subsidy for the four eligible applicants
of the following property: Southridge Lot 5, Block 13 / $7,000.00
Lot 2, Block A Westside Heights / $20,000
Lot 10, Block 1, Pine Trail Sect. 1 / $18,000
Lot 17, Block 6, Osceola Park / $18,000
s:\commun\renprg\comagend.doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES CENSUS TRACT 68.02
NAME .lean & Madelien Coe0rge
PROPERTY ADDRESS XXX SE .Sth Street, Delray Beach
LEGAL DESCRPTION Lot 1 7, Block 6. Osceloa ParkE
% OF AREA MEDIAN HOUSEHOLD INCOME 33 # IN HOUSEHOLD
COST OF CONSTRUCTION $79,300 COST OF LOT $10.000
PROJECT/SUBSIDY BREAKDOVVN
FIRST MORTGAGE $ 65,500.00 Community Finance Consortium
RATE 6.725 %
LTV 73 %
SECOND MORTGAGE $. City of Delray. HOME
$ 18,000.00 City_ o£Delray. SHIP
$ CRA o£ Delrav
$ 2,000.00 Housing Authority
THIRD MORTGAGE $ 5,000.00 Federal Home Loan Batik
GR.~NT $ HTF "A"
APPLICANT FUNDS
Pre-paids $1.000.00
Escrowed $ 305.00
Paid at closing $ 1.960.00
TOTAL TRANSACTION $ 93.765.00
s:\communXrenprg\subrest.doc
MEMORANDUM
To: David Harden, City Manager
Thru: Lula Butler, Community Improvement Director
From: Michael Simon, Interim Community Development Coordinator
Date: June 22, 1998
Subject: Contract Approval/Children's Substance Abuse Grant
ITEM BEFORE THE COMMISSION
This is to request approval of the Fiscal Year 1998-99 contract with the Florida
Department of Children & Families. This represents a renewal of a contract first approved
by City Commission in March 1995.
BACKGROUND
This will be our fourth full year of administering this block Grant on behalf of the Mad
Dads of Greater Delray Beach organization. The purpose of the grant is to provide drug
prevention services through the Excel Focus Five Program to 5th grade children living
within the CDBG target area and attending Pine Grove Elementary School. The 7/1/98-
6/30/99 grant amount totals $27,583.00 an amount equal to the previous year's funding.
The grant funds are used to provide cultural field trips, homework assistance, guest
speakers, golf, tennis, dance and music lessons as a means of preventing at risk children
from experimenting with drugs. It is a collaborative effort between Children & Families,
MAD DADS and the City of Delray Beach, Pine Grove Elementary School, and several
private funding sources.
The grant requires a 33% match which may either be in-kind or cash. The City provides
in-kind match in the form of office space and technical assistance from City Staff. MAD
DADS provides a cash contribution that exceeds the match requirements. This contract
has been reviewed and approved by the City Attorney.
RECOMMENDATIONS
Staff recommends approval of this contract in order to continue to provide this type of
service to the children of the CDBG target area.
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: June 30, 1998
Regular Agenda
Special Agenda
Workshop Agenda
xxxxx Consent Agenda When: July 7, 1998
Description of item:
This is to request approval of the Fiscal Year 1998-99 contract with the Florida
Department of Children and Families.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of the Fiscal Year 1998-99 contract with the Florida
Department of Children and Families.
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:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
4/1/98
Ci~DA No. N/A Client~E~] Non-Client []
Grants and Aids YES Multi-District~F--]
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
STANDARD CONTRACT
THIS CONTRACT is entered into between the State of Florida, Department of Children and Families, hereinafter referred
to as the "department," and THE CITY OF DELRAY BEACH
hereinafter referred to as the "provider."
I. THE PROVIDER AGREES:
A. Attachment I
To provide services in accordance with the conditions specified in Attachment I.
B. Requirements of Section 287.058, FS
To provide units of deliverables, including reports, findings, and drafts, 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 contract as specified in Section I11, Paragraph A. of this contract. To submit bills for fees or
other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit thereof. Where
applicable,, to submit bills for any travel expenses .in accordance with section 112.061, FS. The department may, if
specified in Attachment I, establish rates lower than the maximum provided in section 112.061, FS. To allow public
access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, FS, made or
received by the provider in conjunction with this contract. It is expressly understood that the provider's refusal to comply
with this provision shall constitute an immediate breach of contract.
C. Governing Law
1. State of Florida Law
a. That this contract 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, and regulations of the State of Flodda. Each party shall
perform its obligations herein in accordance with the terms and conditions of the contract.
b. That it understands that the department and the Department of Labor and Employm.~nt Security 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
provider and the department in that it provides qualified entry level employees needed by many providers and provides
substantia~ savings to the citizens of F~orida.
2. Federal Law
a. That if this contract 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 t.
b. That if this contract 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. 1857(h) et seq.),
section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR Part 15). The provider shall report any violations of the above to the department.
c. That no federal funds received in connection with this contract 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. If this contract
contains federal funding in excess of ,$100,000, the provider must, prior to contract execution, complete the Certification
Regarding Lobbying form, A~achment If 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.
d. That unauthorized aliens shall not be employed. The department shall consider the employment of unauthorized
aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for
unilateral cancellation of this contract by the department.
e. That if this contract 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]
f. That if this contract co~:~ains federal funds and provides services to children up to age 18, the provider shall
comply with the Pro-Children Act 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/o~ the imposition of an
administrative compliance order on the responsible entity. This clause is applicable to all approved subcontracts.
CF STDCT JF 12/97 ~, CO~--~r-RA(~T #
4/1/98
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 department under this contract.
2. To retain all client records, financial records, supporting documents, statistical records, and any other documents
(including electronic storage media) pertinent to this contract for a period of five (5) years after termination of the contract,
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 contract.
3. Upon completion or termination of the contract and at the request of the department, the provider will cooperate
with the department to facilitate the duplication and transfer of any said records or documents during the required
retention period as specified in Section I, Paragraph D.2. above.
4. To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by
Federal, State, or other personnel duly authorized by the department.
5. At all reasonable times for as long as records are retained, persons duly authorized by the department and Federal
auditors, pursuant to 45 CFR, Part 92.36(i)(10), shall be allowed full access to and the right to examine any of the
provider's contract and related records and documents, regardless of the form in which kept.
6. To provide a financial and compliance audit to the department as specified in Attachment III and to ensure that
all related party transactions are disclosed to the auditor.
7. To include the aforementioned audit and record keeping requirements in alt approved subcontracts and
assignments.
E. Monitoring by the Department
To permit persons duly authorized by the department to inspect any records, papers, documents, facilities, goods, and
services of the provider which are relevant to this contract, and to interview any clients and employees of the provider to
assure the department of the satisfactory performance of the terms and conditions of this contract. Following such
evaluation the department will deliver to the provider a written report of its findings and will include wdtten
recommendations with regard to the provider's performance of the terms and conditions of this contrac: The provider will
correct all noted deficiencies identified by the department within the specified period of time set forth in the
recommendations. The provideds failure to correct noted deficiencies may, at the sole and exclusive discretion of the
department, result in any one or any combination of the following: (1) the provider being deemed in breach or default of
this contract; (2) the withholding of payments to the provider by the depa~ment; and (3) the termination of this contract
for cause.
F. Indemnification
NOTE: Paragraph 1.F.1. and 2. are not applicable to contracts executed between state agencies or subdivisions, as
defined in section 768.28, FS.
1. 'Fo be liable for and indemnify, defend, and hold the department and ali of its officers, agents, and employees
ha,~"mless 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
contrac: or any subsequent moo~ncauons Lh~reor, whether direct or indirect, and whether to any person or tangible or
in:angibie property.
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 department by certified mail. After the highest appeal taken is
exr, austed, only an adjudication or judgment specifically finding the provider not liable shall excuse performance of this
provision. 'Fhe provider shall pay all costs and fees, including attorneys' fees related to these obligations and their
enforcement by the department. The department's failure to notify the provider of a claim shall not re!ease the provider
of t~ese duties. The provider shall not be liable for the sole negligent acts of the department.
G. Insurance
· Fo provide adequate iiability insurance coverage on a comprehensive basis and to hold such liability insurance at all
times during the existence of this contract and any renewal(s) and extension(s) of it. Upon execution of this contract,
uniess it Js a state agency or subdivision as defined by section 768.28, FS, the provider accepts full responsibility for
identifying and determining the type(s) and extent o¢ liability insurance necessar7 to provide reasonable financial
ur ..... ~,~ns for the provider and the clients to be served under this contract. Upon the execution of this contract, the
provider shall furnish' the department written verification supporting both the determination and existence of such
insurance coverage. Such coverage may be provided by a self-insurance program established and operatin9 under the
taws of the State of Florida. The department rese~es the right to require additional insurance as specified in
A~achmem t.
CONTRACT #
4/1/98
H. Safeguarding Information
Not to use or disclose any information concerning a recipient of services under this contract for any purpose not in
conformity with state regulations and Federal law or regulations (45 CFR, Pa~ 205.50), except upon written consent of
the recipient, or the responsible parent or guardian when authorized by law.
I. Assignments and Subcontracts
1. To neither assign the responsibility for this contract to another party nor subcontract for any of the work
contemplated under th~s contract without prior written approval of the department which shall' not be unreasonably
withheld. Any sublicense, assignment, or transfer otherwise occurring shal~ be null and void.
2. To be responsible for all work performed and all expenses incurred with the project. If the department permits the
provider to subcontract all or part of the work contemplated under this contract, including entering into subcontracts with
vendors for services and commodities, it is understood by the provider that all such subcontract arrangements shall be
evidenced by a written document subject to prior review and comment by the department. Such review of the wdtten
subcontract document bv the department will be limited to a determination of whether or not subcontracting is
permissible, whether the (~ffered subcontractor is acceptable to the department, and the inclusion of applicable terms and
conditions of this contract. The provider further agrees that the department shall not be liable to the subcontractor for any
expenses or liabilities incurred under the subcontract and the provider shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract. The provider, at its expense, will defend the department against
such claims.
3. That the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this
contract to anothergovemmental agency in the State of Florida, upon giving prior written notice to the provider. In the
event the State of Florida approves transfer of the provider's obligations, the provider remains responsible for a I work
performed and all expenses incurred in connection with the contract, in addition, this contract shall bind the successors,
assigns, and legal representatives of the provider and of any legal entity that succeeds to the obligations of the State of
Florida.
4. To make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from
the department in accordance with section 287.0585, FS, unless otherwise stated in the contract between the provider
and subcontractor. Failure to pay within seven (7) working days will result in a penalty charged against the provider and
paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the ~xpiration of
the period allowed herein for payment. Such penalty sha~l be in addition to actual payments owed and shall not exceed
fifteen (15) percent of the outstanding balance due.
J. Return of Funds
To return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms of this
contract that were disbursed to the provider by the department. In the event that the provider or its independent auditor
discovers that an overpayment has been made, the provider shall repay said overpayment within 40 calendar days
without prior notification from the department. In the event that the department first discovers an overpayment has been
made, the department will notify the provider by letter of such a finding. Should repayment not be made in a timely
manner, the department will charge interest of one (I) 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. That if services to clients will be provided under this contract, the provider and any subcontractors shall, in
accordance with the client risk prevention system, report those reportable situations listed in HRSR 2!5-6 in the manner
:)rescribed in HRSR 215-6 or district opera~ing procedures.
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 r~quired
Dy ChaDter 415, FS, this is binding upon both the provider and its employees.
L. Transportation Disadvantaged
To comply with the provisions of Chapter 427. FS, and Chapter 41-2, FAC. if clients are to be transported under this
oontraot. The provider shall submit to the department the reports required pursuant to Volume 10, Chapter 27, HRS
Accounting Procedures Manual.
M. Purchasing
1. To purchase articles which are the subject of or are required to carry out this contract frsm Prison Rehabilitative
Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, FS, in the san*_= manner and under the
procedures set forth in subsections 946.515(2) and (4), FS. For purposes of this contract, the provider shall be deemed
to be substituted for the department insofar as dealings with PRIDE. This clause is not applicable to subcontractors
unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by
contacting PRIDE, (850) 487-3774.
2. To procure any products or materiais which are the subject of. or are required ts car,w, out this contract, in
az.':ordance with t~,e provisions of sections -~33.7065. and 257.045, FS.
3 CONTRA CT #
4/1/98
N. Civil Rights Requirements
1. Not to discriminate against any employee in the performance of this contract, or against an.v 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 discriminating 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.
2. To complete the Civil Rights Compliance Questionnaire, HRS Forms 946 A and B, in accordance with HRSM 220-2.
This is applicable if services are directly provided to clients and if 15 or more individuals are employed.
O. independent Capacity of the Contractor
1. To be solely liable for the performance of all tasks contemplated by this contract which are not the exclusive
responsibility of the department.
2. To act in the capacity of an independent contractor and not as an officer, employee, or agent of the State of
Florida, except where the provider is a state agency. The provider shall not represent to others that it has the authority to
bind the department 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 contract.
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 contract.
4. To take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be
an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the
State of Florida.
5. The department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial
or clerical support) to the provider, or its subcontractor or assignee, unless justified by the provider and agreed to in
advance by the department in Attachment I.
6. 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.
P. Sponsorship
As required by section 286.25, FS, if, the provider is a nongovernmental organization .wh, ich sponsors a program financed
wholly or in oart by state funds including any fun,d,s obtained through this contract, it snail, in publicizincJ, advertising, or
describing the sponsorship of the prooram, state: Sponsored by (provider's name) and !,h,e State of Ftonda, Department
of Children and Families." If the s~oEsorship reference is in written material, the words State of Florida, Department of
Children and Families" shall appea'r in the same size letters or type as the name of the organizati3n.
Q. Final invoice
To submit the final invoice for payment to the department no more than 45 days after the contract ends or is
te,"mina[ed. If the provider fails to do so, all right to payment is forfeited and the department will not honor any requests
submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until ali
reuorts due from the provider and necessary adjustments thereto have been approved by the department.
R.. Use Of Funds For Lobbying Prohibited
-Fo compiy with the provisions of sections 11.062 and 2!6.347, FS, which prohibit the expenditure of contract funds for
the purpose of lobbying the Legislature, judicial branch, or a state agency.
S. Public Entity Crime
Pursuant to section 287.133, FS, the following restrictions are placed on the ability of [}ersons convicted of public entity,
crimes tc transact business with the department: 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 .:~ a public entity, may not submit a bid on a contract with a public entity for the construction or the repair of a
public building or public work, may not submit bids on leases of real property to a sublic 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, FS, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
T. Patents, Copyrights, and Royalties
1. If any discovery or invention arises or is developed in the course or as a result of work or services performed under
this contract, or in anyway connected herewith, the provider shall refer the discovery or invention to the depa~ment to be
referred to the Department of State to determine whether patent protection will be sought in the name of the State of
Florida. Any and all patent rights accruing under or in connection with the perf: mar, ce of this contrast a~e here~y
reserved to the State of Florida.
CONTRACT#
4/1/98
2. In the event that any books, manuals, films, or other copyrightable materials are produced, the provider shall notify
the Department of State. Any and all copyrights accruing under or in connection with the performance under this
contract are hereby reserved to the State of Florida.
3. 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, 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 right 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 costs arising from the
use of such design, device, or materials in any way involved in the work.
II. THE DEPARTMENT AGREES:
A. Contract Amount
To p_ay for contracted services according to the conditions of Attachment I in an amount not to exceed
$27.583.00 , 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 not eligible for payment under this contract.
B. Contract Payment
Pursuant to section 215.422, FS, the department has five (5) working days to inspect and approve goods and services,
unless the bid specifications, purchase order, or this contract specifies otherwise. With the exception of payments to
health care providers for hospital, medical, or other health care services, if payment is not available within 40 days,
measured from the latter of the date a properly completed invoice is received by the department or the goods or services
are received, inspected, and approved, a separate interest penalty set by the Comptroller pursuant to section 55.03, FS,
will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, contact the district fiscal
office/contract administrator. Payments to health care providers for hospital, medical, or other health care services, shall
be made not more than 35 days from the date eligibility for payment is determined. Financial penalties will be calculated
at the daily interest rate of .03333%. Invoices returned to a vendor due to preparation errors will result in a payment
delay. Interest penalties less than one dollar will not be enforced unless the vendor requests payment.
C. Vendor Ombudsman
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this
individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s)
from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or 1-800-848-3792, the State of
Flodda Comptroller's Hotline.
111. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE:
A. Effective and Ending Dates
This contract shall begin on July 1, 1998 or on the date on which the contract has been signed by
both parties, whichever is later. It shall end on June 30. 1999
B. Termination: At Will, Because of Lack of Funds, or For Breach or Failure to Satisfactorily Perform Prior
Agreement
1. This contract may be terminated by either party without cause upon no less than thirty (30) catendar days notice in
writing to the other party, unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be
delivered by certifi~, mail, return receipt requested, or in person with proof of delivery.
2. In the event funds to finance this contract become unavailable, the department may terminate the contract upon no
tess 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 department shall be the final authority as to the availability and
adequacy of funds. In the event of termination of this contract, the provider will be compensated for any work
satisfactorily completed prior to notification of termination.
3. This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours
notice in writing to the provider. If applicable, the department may employ the default provisions in Chapter 50A-1.006
(3), FAC. Waiver of breach of any provisions of this contract 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 contract. The provisions herein do not limit the
department's right to remedies at law or in equity.
4. Failure to have performed any contractual obli§ations with the department in a manner satisfactory to the
depa~ment will be a 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 department., been notified by the
department o, the uns~tls,ac,orv Dy.,orm~,,c=. ~nd failed to cor~-ect the unsatisfactory, performan.ge :o the satisfac:ion ~'f
.:he depa~ment: or f2) had a cor~r~sct terminated b: the .~epartment for cause.
5 CONTRACT #
4/1/98
C. Renegotiation or Modification
Modifications of provisions of this contract shall only be valid when they have been reduced to wdting and duly signed by
both parties. The rate of payment and the total dollar amount 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 department's operating budget.
D. Official Payee and Representatives (Names, Addresses, and Telephone Numbers):
1. The provider name, as shown on I~age 1 of this 3. The name, address, and telepho, ne number of the
contract, and mailing address of the official payee to whom contract manager for the department for this contract is:
the payment shall be made is:
The City of Delrav Beach Cathv Claud
100 N.W. First Avenue A.G. Holle¥ Hosoital. P.O. Box 3084
Delrav Beach. Florida 33444 Lantana. Florida 33465
(561) 540-1308
2. The name of the contact person and street address 4. The name, address, and telephone number of the
where financial and administrative records are maintained representative of the provider responsible for
is: administration of the program under this contract is:
Dorothy Ellington Lula Butler
100 N.W. First Avenue 100 N.W. First Avenue
Delrav Beach. Florida 334~4 Delrav Beach. Florida 33444
(561) 243-7203
5. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in
writing to the other party and the notification attached to the originals of this contract.
E. All Terms and Conditions Included
This contract and its attachments as referenced, Attachments I, II and III
contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, o~
obligations other than those contained herein, and this contract shall supersede all previous communications,
representations, or agreements, either verbal or written between the parties. If any term or provision of the contract is
found to be illegal or unenforceable, the remainder of the contract shall remain in full force and effect and such term or
provision shall be stricken.
The parties have read the entire contract inclusive of all its attachments, as referenced in Paragraph III.E. above,
and understand each section and paragraph.
IN WITNESS THEREOF the parties hereto have caused this 42 paae contract to be executed by their undersianed
officials as duly authorized. - ~
PROVIDER: STATE OF FLORIDA
THE Cl ,"TY OF DELRAY BEACH DEPARTMENT OF CHILDREN AND FAMILIES
SIGNED BY: SIGNED BY:
NAME: JAY ALPERIN NAME: EDWARD C. HORTON
TITLE: MAYOR TITLE: DISTRICT NINE ADMINISTRATOR
DATE: DATE:
STATE AGENCY 29 DIGIT SAMAS CODE:
Federal ElD # (or SSN): 59-6000308
Provider Fiscal Year Ending Date: 09 / 30
CONTRACT¢
07/01/98 ADM Services
Contract No:
Alcohol, Drug Abuse and Mental Health Ser~'ices (ADM)
ATTACHMENT I - PERFORMANCE CONTRACT
A. Services To Be Provided
The provider will ensure the provision of Alcohol, Drug Abuse and Mental Health
Services as specified in Exhibit A.
1. Definition of Terms
a. Contract Terms
(1) Day means calendar day.
(2) Year means fiscal year which begins July 1 and ends June 30.
(3) Local match is described in Chapter 394.76, Florida Statutes
(F.S.) and Chapter 65E-14.005, Florida Administrative Code (F.A.C.) which is to be
interpreted to mean that expenditures for alcohol services requires local match and drug
abuse services do not require local match.
(4) Major remodeling is defined as any construction to property
that materially affects its value.
(5) Major medica] equipment is defined as fix~tres and other
tangible personal propert? of a nonconsumable and nonexpendable nature, the vr2ue of
which is $500 or more and the normal expected life of which is one year or more.
(6) Prorated share is defined as the total number of unpaid units or
funds divided by the number of months remaining between the time the prorated share is
calculated and the end date of the contract.
(7) Contract period is defined as the time period between the
contract's effective date and end date.
(8) The Substance Abuse and Mental Health Integrated Data
System (IDS) is a manual that contains the policies and procedures for reporting client
demographic and treatment information to the department for persons receiving substance
abuse and mental health services.
(9) State Integrated Substance Abuse Reports (SISAR) is a manual
that contains the policies and procedures for reporting federally required client
demographic and treatment information to the department for persons receiving substance
abuse services.
(10) Units of services are defined as the unit of measure for billing
the department for services. There are eight different units of measure; the definition of
each can be found in Chapter 3 of the Guide to Performance Contracting for Alcohoh
Drug Abuse and Mental Health Services, 4th Edition.
(11) Verifiable service is the documentation of a service event that
is in compliance with the documentation requirements contained in Appendix A, Cost
Center Definitions and Models, of the Guide to Performance Contracting for Alcohol,
Drug Abuse and Mental Health Services, 4th Edition.
(12) Client fees means compensation received by the provider for
sen,ices rendered to clients from any source of ~nds, including city, county, state, federal
and private sources which means first and third party payers.
HC02
7/01/98 ADM Services
Contract No:
ATTACHMENT I - PERFORMANCE CONTRACT (Cont.)
b. Program/Service Specific Terms
(1) Services and cost centers are synonymous terms. Each service
is defined in Appendix A, Cost Center Service Definitions and Models, of the Guide to
Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th
Edition.
(2) Community-based is defined as any.em~ ';~'~,~,. provided outside a
state mental health facility and general hospital licensed under Chapter 395. F.S.
(3) Client as defined herein means any individual receiving
services in any alcohol, drug abuse, or mental health facility, progam, or sendce whose
cost of care is paid, in part or in whole, by the department, Medicaid, and local match.
Recipients and persons receiving services are used synonymously with client.
(4) State custody refers to the care of clients being made the
responsibility ora state agency by court order by Chapters 393,394, 397, 916. and
985.223 F.S.
(5) Performance standards are quantitative and qualitative
indicators that can be used by the department to objectively measure a provider's
performance. A detailed description of each of the performance standards contained in
this contract can be found in Mental Healtln and Substance Abuse Measures Manual.
2. General Description
a. General Statement
These are commurfity based services provided by local progams as authorized in Chapter
394.74, F.S.
b. Authori~,
(1) The provider agees to comply with Chapters 394, 395 and
397, F.S., Chapters 65E-4, 65E-5, 65E-10, 65E-14, 65E-15, and 65D-16, F.A.C.. the
Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services.
4th Edition. the State Integrated Substance Abuse Reporting Manual, the Substance
Abuse and Mental Health Integrated Data System Manual, and the Mental Health and
Substance Abuse Measures Manual. as appropriate. Ail of the above referenced
documents are hereby incorporated herein by reference, as if full)' set out here.
(2) The provider agrees to comply with the ADAMb-L~_
Reorganization Act. P.L. 102-321, Section 201 Part B of Title XIX of the Pubiic Health
Service Act (42 U.S.C. 300x et seq.) as amended July 10, 1992 and 45 CFR Parts 74 and
96 which are hereby incorporated herein by reference, as if fully set out here.
(3) The provider agrees to comply with the requirements of
Public Law '~'"
~ u_~-;.~, which is incorporated herein by reference, with the same force and
e~ect as if given in full text and will not allow tobacco smoking in any portion of any.
indoor faciliw used for the provision of serxdces for children under the age of 18, if those
ser-,,'ices are ~nded by Federal programs either directly or through state or loca!
governments. The law does not apply to children's services provided in private
residences; portions of facilities used for inpatient drug or alcohol treatment: service
providers whose sole source of applicable Federal funds is Medicare or Medicaid.
HC02
7/01/98 ADM Services
Contract No:
ATTACHMENT I - PER_FOR_MANCE CONTRACT (Cont.)
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.
(4) The provider agrees to comply, within 30 days of
notification from the department, with all other applicable state standards, Florida
Statutes and Administrative Codes established by the department or made 'known in
v,~iting te the provider that are not included herein.
(5) The provider, if appropriate, agrees to comply with the
federal and Florida pharmaceutical rules, regulations, and statutou requirements as
specified in Chapter 465, F.S. which is hereby incorporated herein by reference, as if
fully set out here.
(6) Pursuant to section 20.19(19), F.S., the provider a~ees to
maintain data on the performance standards specified in Exhibit D and section D, Special
Provisions, for the types of services provided under this contract and shall submit such
data to the department upon request.
(7) The provider ag-rees to participate in the Title XIX Florida
Medicaid Pro,am as del'reed in the Community Mental Health and Substance Abuse
Services Pro,ams, Rule 59G-4.050, F.A.C. which is hereby incorporated herein by
reference, as if fully set out here., and T .argeted Case Management and will:
(a) Pursue and submit vouchers on all Medicaid
eligible clients for Medicaid eligible services.
(b) Identify and report Medicaid earnings separate from
all other fees. Medicaid eamings cannot be used as local match.
(c) Ensure that Medicaid payments are accounted for in
accordance wdth applicable federal regulations.
(d) Comply with Chapter 5 of the Guide to
Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th
Edition. to ensure that no 5.unds from this contract are used to pay for costs paid for by
Medicaid.
(8) If Exhibit B indicates that this contract includes federal
fm~ds authorized under the ADAMHA Block Grant Program, which includes the
Communir,, Mental Health Services Block Grant and the Substance Abuse Prevent/on
and Treatment Block Gram. the provider a~ees to:
(a) Ensure that block grant funds are not used to fund
inpatient services. Inpatient services are defined as semfces delivered in a licensed
hospital.
(b) Ensure that block grant funds are not used to make
cash payments to intended recipients of health services.
(c) Ensure that block grant funds are accounted for in a
manner that permits separate reporting.
(d) Ensure that block grant funds are not used to satis~,
any requirement for the expenditure of non-federal funds as a condition of the receipt of
federal funds.
(e) Ensure that block grant funds are not used for the
pu~ose of purchasing or improving land. to purchase, construct or permanently improve
(other than minor remodeling) any building or other facility, or to purchase major medicaI
equipment.
HC02
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7/01/98 ADM Services
Contract No:
ATTACHMENT I - PERFOR&,IANCE CONTRACT (Cont.)
(f) Ensure that block grant funds are not used to
provide financial assistance to any entity other than a public or nonprofit private entity.
(g) Ensure that block grant funds are not used to pay
the salary of an individual, through a grant or other extra mural mechanism, at a rate in
excess of $125,000 per year.
(h) Ensure that block gr~t 5~ds are not expended to
carry out any progam of distributing sterile needles for the hypodermic injection of any
illegal drug or distributing bleach for the purpose of cleansing needles for such
hypodermic injection.
(i) Ensure that block gant funds are not expended to
car~/out any testing for the etiologic agent for acquired immune deficiency syndrome
unless such testing is accompanied by appropriate pretest counseling and post-test
counseling.
(j) ' Ensure that, to the maximum extent practicable,
each person who requests and is in need of treatment for intravenous drug abuse is
admitted to appropriate treatment within 14 days of the request or is provided interim
services within 48 hours and admitted to treatment within 120 days.
(k) Ensure that progarn income derived from services
funded in whole or in part is accounted for in accordance with 45 CFR Part 74.24.
(9) If Exhibit B indicates funding from the Substance Abuse
Prevention and Treatment Block Grant, the provider agees to also ensure, as appropriate,
the following:
(a) That funds expended for prevention are directed at
individuals not identified to be in need of treatment using one or more of the six
strategies defined in Interim Final Rule 45 CFR Part 96.125: and that alcohol and other
drug expenditures, in terms of the units and unit costs given in Exhibit A, are not less
than the a_mounts indicated in Exhibit B.
(b) That funds expended for services to women are in
accordance with Interim Final Rule, 45 CFR Part 96, which is hereby incorporated herein
by reference, as if fully set out here, and ensure compliance with the specification given
in Chapter 10 of the Guide to Performance Contracting for Alcohol, Drug Abuse and
Mental Health Sendces. 4th Edition. which contains details regarding additional federal
compliance requirements; and that, in terms of the units and unit costs given in Exhibit A,
expenditures for alcohol ser',;ices to women and other drug services to women are not less
than the amounts indicated in Exhibit B.
(c) That the provider will provide outreach services in
accordance with Interim Final Rule, 45 CFR Part 96, and that these services will be based
on the following model: indigenous which is one of the three models approved by the
National Institute of Drug Abuse. The provider agrees to obtain written approval from
the department for the method used, to secure written approval from the department
before making any changes and ensure compliance with the specifications given in
Chapter 10 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental
Health Sen;ices, 4th Edition which contains additional federal requirements.
HC02
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7/01/98 ADM Sen, ices
Contract No:
ATTACHMENT I - PERFORMANCE CONTRACT (Cont.)
(d) That early intervention services for the HIV projects
are in accordance with Interim Final Rule, 45 CFR Part 96, and are in compliance with
the specifications given in Chapter 10, Guide to Performance Contracting for Alcohol,
Drug Abuse and Mental Health Services, 4th Edition which contains additional federal
reqmrements.
(10) The provider agrees to use the Flohda Supplement to the
American Society of Addiction Medicine Patient Placement Criteria for the Treatment of
Substance-Related Disorders Second Edition (ASAM PPC-2) for assessing clients
receiving substance abuse treatment services.
(11) If Exhibit B indicates funding from Temporary Assistance
To Needy Family Grant, the provider a~ees to comply with all applicable state and
federal rules and regulations as soon as they are made 'known to the provider and shall be
incorporated herein by reference, as if fully set out here.
c. Scope of Service
The provider's service catchment area will include the following counties:
Palm Beach County
The provider's catchment area will not include the following locations
within the catchment area: N/A
To insure that state supported.services are available continuously
throughout the contract period, unless otherwise specified, services are to be provided
,~ven~v~ .... tb~ou~hout~ the ,'n*i,-e~ .. contract period.
d. Major Pro,am Goals
The provider agrees to impact the following list of contributing factors as
appropriate:
For mental he'.-!th services they are: Family/Natural Support, Communi~, Support, Crisis
and Emotional Impairment, Completion of/Adherence to Treatment Regimens,
Safe/Stable Home Environment. Court-ordered Dispositions, Poverty, Life-s 'k.ills
Training, and Job S 'kill Training.
For substance abuse the5, are: Safe/Stable Home Environment, Family/Natural Support.
Lack of K.nowledge, Early Identification and Intervention. Healthy Alternatives, Low
Birth Weight, Diet/Nutrition. Substance Abuse, Developmental DisabilCty, Unr~rotected
Sex and Multiple Sex Partners, Risk-taking Behavior, Alcohol Use, Mctor Vehic;~
Crashes and Domestic Violence.
HC02
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7/01/98 ADM Services
Contract No:
ATTACHMENT I - PER/:ORMANCE CONTRACT (Cont.)
3. Clients to be Served
a. The provider agrees to provide services funded by this contract to
the target populations that are checked below:
ID Adult Mental Health - Serious and Persistent Mental Illness
Adult Mental Health - Crisis
[2 Adult Mental Health - Forensic Involvement
Adult Mental Health - Other
Children's Mental Health - Seriously Emotionally Disturbed
Children's Mental Health - Emotionally Disturbed
Children's Mental Health - At Risk of Emotional Disturbance
Parents Putting Children at Risk of Substance Abuse
Persons with Substance Abuse in Criminal Justice System
Intravenous Drug Users
ID Dually Diagnosed Persons with Substance Abuse
Other Persons with Substance Abuse
Children Using Substances Under State Supervision
[] Children Using Substances Not Under State Supervision
Children At Risk of Substance Abuse
b. Client Eligibility
(1) The provider a~ees that all persons meeting the target
population descriptions are eligible for sen, ices based on the availability of funds.
(2) The provider agrees that crisis stabilization units and
substance abuse detoxification and addiction ~ "=; r' ~
,e~x m= facilities must be provided to all
persons meeting the criteria for admission.
(3) The provider agrees that funds provided in this contract wiI1
not be used to serve persons not meeting the target population(s) specified above.
c. Client Determination
The provider agrees to enroll all persons served using the department's
enrollment process as given in the Mental Health and Substance Abuse Measures
Manual. A detailed description of each target population and sub-population is also
given in this manual. The department will validate the provider's determinations to
ensure accuracy.
d. Service Eligibility
The provider agrees to determine services a person should receive in
accordance with Chapter 65E-15, F.A.C. for mental health services and the SUbstance
Abuse Prevention and Treatment Block Grant for substance abuse services. In ti:e event
neither of the above is appropriate, the provider should use the Florida Supplement to the
.~rnerican Society of Addiction Medicine Patient Placement Criteria for the Treatment of
Substance-Related Disorders Sezond Edition (ASAM P?C-2).
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ATTACHMENT I - PERFORMANCE CONTRACT (Cont.)
e. Contract Limits
Ser¥ices provided under ti~is contract are limited by the availability' of
funds.
B. Manner of Service Provision
1. Service Tasks
a. The department will purchase units of services from the provider
by program and in the amounts as specified in E 'xhibit A. Services must be provided in
compliance with all applicable licensing rules and other service standards as approved by
the department or included in Exhibit G.
b. The provider agrees to provide additional services with local match
up to the amount specified in Exhibit B.
c. In accordance with the District-wide initiative to support the
treatment processes of the Child Abuse and Neglect Pilot Project, prioritization needs to
be given to Pilot Project identified children and adults who are referred for services.
Each provider will be reauired to formulate procedures for the reco~m'~ition and timely
response of pilot project ~amily members.
Providers will be required to develop procedures to ensure
prioritization o f pilot project family members by August 1 st, 1998. This t~rocess should
begin bv aroviders as soon as possible, and developed procedures should be sent to the
ADM Pro,am Office refiectin_o provider compliance bv Au_~ust 1 st. 1998. These efforts
x~411 ensure that clients with prioritized need will receive maximum benefit from the
quails; services we already have in place.
2. Staffing Requirements
a. Staff productivity standards are given in Chapter 4 of the Guide to
Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th
Edition.
b. The department reserves the right u, be notified of staffing changes
of persons in the foilov¢ing positions: Program Director and above.
The Special Provision section of this contract max,' contain additional specifications
regarding departmental notification of personnel changes.
3. Service Location and Equipment
a. The dates, times and location of sem.'ices wilt be as specified in the
approved district plan or departmentally approved agency operating plan as ap?:.'opriate.
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ATTACHMENT I - PERFORMANCE CONTRACT (Cont.)
b. The provider agrees to notify, in writing the contract manager
within 7 days of any changes in dates, times and locations of services that will materially
affect compliance with the district plan or departmentally approved agency operating plan
as appropriate.
c. The provider agrees to provide ail appropriate equipment necessary
for the effective delivery of the services purchased.
4. Deliverables
a. The provider agrees to deliver the service units as specified in
Exhibit A of the contract
b. The provider a=m'ees to deliver additional services that are eligible
as local match. The unit cost of the additional services multiplied by the number of
additional service units will be equal to or greater than the required amount given in
Exhibit B.
c. The provider agees to serve the number of persons indicated in
Exhibit D of the contract.
d. The provider agees to meet the outcome standards as given in
Exhibit D of the contract
5. Performance Specifications
a. The provider agrees to the performance standards specified in
Ex!,Abit D of the contract. A detailed description of each standard is given in the Mental
Health and Substance Abuse Measures Manual.
b. The department will conduct an evaluation of the performance of
the provider in achieving the standards specified in Exhibit D of the contract within 90
days after the contract's end date. The methodology for conducting this evaluation is
given in the Mental Health and Substance Abuse Measures Manual.
c. By execution of this contract the provider hereby ac'knowledges
and agrees that its performance under the contract must meet the standards set forth in
paragraph B.5.a., above, and will be bound by the conditions set forth below. If the
provider fails to meet these standards, the department, at its exclusive option, may allow
up to six months for the provider to achieve compliance with the standards. If the
department affords the provider an opportunity to achieve compliance, and the provider
fails to achieve compliance within the specified time frame, the department will terminate
the contract in the absence of any extenuating or mitigating circumstances. The
determination of the extenuating or mitigating circumstances is the exclusive
determination of the department.
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ATTACHMENT I - PERFOILMANCE CONTRACT (Cont.)
C. Method of Payment
1. This is a fixed price (unit cost) contract.
2. The department a~ees to purchase units of services from the provider at
the rates and in the amount specified in Exhibit A provided the units are delivered in
compliance with all other terms of this contract.
3. Client Fees
a. In accordance with proviso language in the 1998 Appropriations
Act, all client fees collected for services paid for, in whole or in part, by this contract will
be used in accordance with the Cost Centers Funding Sources and Revenue Budget
Report, a required report that is specified in Exhibit C. The provider may allocate client
fees except 1 st and 3rd party paYments in two steps. The f'u'st step requires that, to the
extent possible, client fees are allocated to the cost center where they are generated. First
and 3rd party client fees will be accounted for in total only. If, after the first step, there is
a positive difr%rence between the client fees generated 'adthin a cost center and the
estimated expenditures within that respective cost center, the provider may reallocate this
excess:
(1) To expand current services beyond which the department is
paying for;
(2) To reduce deficits and achieve the financial requirements
standards referenced in Section 9-4 of the Guide to Performance Contractink f3r Alcohol,
Drug Abuse and Mental Health Services, 4th .Edition;
(3) To start new services, and;
(4) To provide for fixed capital projects.
For cost centers funded by this contract, the provider furd~er agrees that as part of the
contract negotiations, any reallocation of client fees except for 1st and 3rd part5.; fees from
cost centers where the ci[ent fees are generated must be disclosed prior to the contract's
effective date. A narrative will accompany the Cost Centers Funding Sources and
Revenue Budget Report which will speci%' the amounts reallocated, both by cost center
and type of client fee.
b. [f it is not possible to determine the cost center where a cli nt fee is
generated such as local government funding, the provider may use an allocation
methodology
c. The provider agrees to an-tend and resubmit to the departn-tent the
Cost Centers Funding Sources and Revenue Budget Repon within 30 days of when the
provider becomes aware that any funding or revenues in cost centers funded in whole or
in part by this contract will exceed the amounts given by 5 percent or $10,000, whichever
is greater.
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Contract No:
ATTACHMENT I - PERFORaMANCE CONTRACT (Cont.)
d. For cost centers funded in whole or in part by this contract, if the
actual amount of client fees, except for first and third part5: fees as given in the audit
report exceeds the amounts in the Cost Centers Funding Sources and Revenue Budget
Report by 5 percent or $10,000, whichever is greater, the amount in excess will be treated
as non-reimbursable. If such excess is expended in the deliver3, of additional services to
the target populations specified in this contract, the liabiliw will be waived.
e. Client fees do not include revenues generated from: Bequests,
one-time financial settlements Mth public or private payers, funds generated in the
delivery, of services to non-state supported clients, donations that are restricted for use by
a specific donor, substance abuse and mental health services, programs, or activities that
are not related to a state supported substance abuse or mental health services, progams,
or activities, and activities that are not related to substance abuse or mental health
services, pro,ams, or activities.
4. The amount of departmental financial participation shall not exceed
$ 27,583.00 as detailed on Exhibit A, subject to the availability of funds.
5. The provider agrees to provide local match up to the amount specified in
Exhibit B.
6. Payment System
a. The provider agees to request payment for services delivered on a
monthlv basis through submission of a properly completed invoice, Exhibit E, within 30
days following the end of each month in wi-tick services were delivered.
b. The department ma3, advance funds for one month(s) of this
contract, based on documented and' anticipated cash needs of the provider and previded
that the advancement of funds is approved by the Office of the Comptroller. Exc?rions
may be made for federal grants that terminate v, dthin the first three months of the
contract.
c. In accordance w/th s.216.181(15). F.S. and federal regulations, the
provider agrees that unused advance funds will be temporarily invested by the provider in
an insured interest bearing account. Interest earned on these deposits will be returned to
the department on a monthly basis.
d. After the initial advance period, the provider agees to request
payment based on actual numbers of service units delivered up to the prorated amount,
beginning with the first month that was advanced.
e. Invoices for the initial month's advances will not require
supporting documentation. The comptroller reserves the right to request supperting
documentation on particular invoices at any time after actual units have been delivered.
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ATTACHMENT I - PERFOILMANCE CONTRACT (Cont.)
f. The provider's final invoice, which is due 45 days after the
contract's end date, must reconcile actual units during the contract period with the amount
paid by the department.
o Except for the final invoice, the provider am-ees that the amount of
the s:ate's monthly payment will be equal to the number of verifiable services provided to
eligible clients times the rates given in Ex~5ibit A. Except as provided for in paragraph h.
below, the total numbers of monthly service units paid under this contract can not exceed
the monthly prorated number of units as specified in Exhibit A.
h. The department may, if funds are available, release more than the
monthly prorated share of the contract amount when the provider submits a request
justifying the release of additional funds and that request is approved by the department.
i. The department may reduce a request for advance or withhold
payment, if a provider is deten'nined by the department to be out of compliance with the
terms of this contract.
j. The department will reduce a request for advance or withhold
payment, if the provider fails to submit full client enrollment, demo~aphic, services, or
performance information, as required for the department's Integrated Data System, the
State Integrated Substance Abuse Reports (SISAR), and the Mental Health and Substance
Abuse Measures Manual, 45 days after the due date given in Exhibit C.
k. The department's decision to reduce or withhold funds shall be in
x~iting and submitted to the provider. The v,~tten notice will specify the manner and
exten*, to which the provider has failed to comply with the terms of the contract. VChen
compliance is achieved, witkheld funds will be reinstated to the provider.
1. If a provider closes or suspends sen'ices funded by this con'..:'act,
the provider a~ees to notifx~ the department, in v,~ting, r, vo weeks prior to such closing
or suspension of services, if the provider fails to noti~,~ the department, the provic~sr
agrees not to request payment for services provided in prior months, if the actual number
of services in the month for which payment is being requested, is less than 25 percent of
the prora:ed amount of services bv cost center as given in E 'xhibit A.
D. Special Provisions
1. Fee Schedule
The provider a_r~.es to develop a fee schedule and fee collection policy,
based on income and family size, which does not create barriers to persons in need o5
publicly supported services. The fee schedule and fee collection policy for publicly
supported services shall be submitted to and approved by the department.
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Contract No:
ATTACHMENT I - PERFOPdMANCE CONTRACT (Cont.)
2. Grievance Procedures
The provider agrees to establish grievance procedures which applicants for
and recipients of services may use to present grievances to the governing authority of the
agency about services being provided under this contract. Additionally, the provider
agrees to establish fair hearing procedures that ensure ail persons will be advised of their
right to a fair hearing to appeal a deniai or exclusion from services and the failure of staff
to take into account the individual's choice of service.
3. Clinical Records
The provider agrees that, as defined by section 394.4615, F.S., clinical
records are exempt fi-om public records disclosure to protect client con_fidentialit3~.
4. Required Reports
The provider agees to submit to the department financial and
progammatic reports specified in E ~xhibit C by the dates specified.
5. Block Grant Funding A_m'eement Program Reports
Upon request, the provider agees to submit to the department information
regarding the amount and number of services paid for by either the Community Mental
Heaith Services Block Grant and the Prevention and Treatment of Substance Abuse
Block Grant. The amount of funding and services are specified in Exhibit B of this
contract. Also, the provider will ensure that the amount of funding and services that is
reported ~.nd paid for, ~,,on,~fles with thek (1) audit report, (2) client information system.
and (3) departmental invoices.
6. Special Audit Reporting Requirements
a. The provider agrees that its audit report will include the standard
schedules, as appropr/ate, that are given in Appendix J of the Guide to Performance
Contracting for Alcohol, Drug Abuse and Mental Health Services. 4th Edition. and
Exhibit F.
b. The provider agrees to include in their audit report an additional
schedule of actual funding and revenue that is in the same format of the Cost Center
Funding Sources and Revenue Budget Report. The independent auditor will provide a
negative assurance that nothing in the audit came to the attention of the independent
auditor that would cause a material misstatement in this schedule. Client fees do not
include revenues generated from: Bequests, one-time financial settlements with public or
private payers, funds generated in the delivery of sen, ices to non-state supported clients.
donations that are restricted for use by a specific donor, substance abuse and mental
health sen'ices, programs, or activities that are not related to a state supported substance
abuse or mental health se~'ices, programs, or activities, and activities that are not related
to substzmce abuse or mental health services, programs, or activities.
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Contract No:
ATTACHMENT I - PERFORMANCE CONTRACT (Cont.)
c. If the provider has an ADM contract with more than one district,
the provider a~ees that Schedule of State Earnings as given in Appendix J of the Guide
to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 4th
Edition, will be completed for each district separately.
d. The provider agrees that an audit report will not be acceptable to
the department, if it is missing these required schedules or if the schedules are in a
different format.
7. Family Planning Information
The provider agrees to advise appropriate recipients that family planning
services are available on a sliding fee scale at the local county, public health unit (CPHU).
8. Recipient Identification Number
For persons and services being reported to the department through the
ADM Integrated Data System and SISAR, the provider agees to use the recipient's social
security, number.
9. Work and Gain Economic Self-sufficiency (WAGES)
The provider a~ees to noti~, the department of ali entD, level employment oppommities
associated with this contract wkich require a high school education or less. The
department ~dll contact the WAGES Coordinator in the Department of Labor and
Employment Security regional office and request that WAGES participants be referred to
the provider. In the event that the provider employs a person who was referred by the
WAGES office, the provider will notify the department.
10. Psychotropic Medication
a. The provider agees that clients discharged from state mental
health treatment facilities will be maintained on the medication that was prescribed for
them by the facility at discharge for at least 90 days unless there is some extenuating
medical reason for changing the client's prescription or the client req,:ests the change.
Maintaining includes performing required lab tests, providing the medication, and
providing appropriate phy'sician oversight.
b. If Exhibit B of this contract includes funds from the Indigent Drug
Program (IDP), the provider agrees to assist the department in designing an expedited,
one-time study, such as for the month of September, to identify key IDP characteristics,
utilization levels, cost factors and accessibility barriers. The provider further a=re..s ~o
participate in the study and provide the department with reliable data from the selected
sample. The purpose of this study is to evaluate the need for a legislative budget request.
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ATTACHMENT I - PERFORMANCE CONTRACT (Cont.)
11. Informed Consent for Follow-up Survey
The provider agrees that individuals, who are receiving substance abuse services paid for,
in whole or in part, by this contract, shall be informed of procedures to gather follow-up
information on clients after treatment. Clients shall be asked to consent, voluntarily, to
being contacted for this information. They shall be asked to sign a consent form which
allows for follow-up contact during a per/od of from six (6) to 18 months following
discharge. The form should meet the stipulations of 42 C.F.R. (Code of Federal
Regulations) Part 2.31 and be filed in the clients medical record. A copy will be given to
the department, if requested. The form must also indicate non-consent.
12. Payments from MCO and HMO Organizations
Unless waived in the Special Provisions of this contract, section D, the provider agrees
that subcapitated rates from either a managed care organization (MCO) or a health
maintenance organization (HMO) will be considered to be "third part5' contractual fees"
as defined in Chapter 5 of the Guide to Performance Contracting for Alcohol, Drug
Abuse and Mental Health Services, 4th Edition. Units of services which are covered by
the subcapitated contract and provided to persons covered by these subcapitated contracts
must be subtracted at the state rate of the cost center in which the service was delivered.
13. Minimum Computer Hardware/Software Requirements
The provider agrees to have access to the foil, owing computer hardware and software:
a. Processor: 486 (Pentium preferred)
b. R.A.M.: 16 megabytes (32 megabytes_preferred)
c. Hard Drive: .5 gigab.vte
d. Operating System: Windows 95 or Window NT (not 3.X)
14. Data Submission Requirements
a. The provider agrees to submit IDS, SISAR. Enrollment, and
Performance data electronically and in a manner that meets departmental standards with
one exception. Mental health service providers may elect to submit performance data on
department-approved scannable forms as specified in the Mental Health m~d Substance
Abuse Measures Manual.
b. The department prefers that the provider use the revised electronic
version ~f SISAR as of July 1, 1998. The provider may, however, use the prior year
SISAR electronic version th_rough September 30. 1998 to allow for reprogrmnming. As
of October 1, t 998, the provider agrees to use either the department's revised SISAR
software or to submit the data on an ASCII file which meets departmental standards and
has been edited by the department's checker program.
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Contract No:
ATTACHMENT I - PERFOi:LMANCE CONTRACT (Cont.)
15. Calculating Local Match for Alcohol Services
The amount of local match required by section 394.76(3)(b) for alcohol services is equal
to the percent of clients with a primary or secondary alcohol abuse problem from the
latest 12 month SISAR.
16. Additional Local Match
If Exhibit B indicates that this contract contains additional local match, the department
agrees that this additional amount is not to be factored in when determining the amount of
local match required for compliance.
17. Additional Performance Measures
a. If the district and provider have agreed on an Agency Operating
Plan, the provider a~ees to the district specific performance measures included in the
Agency Operating Plan, which is hereby incorporated herein by reference, as if fully set
out here
b. The provider agrees to the following district specific performance
measures: N/A.
18. Subcontracting with Minority. Businesses
The provider agrees to develop agency goals for doing business with minority
owned/operated vendors, should any part of Children and Families contracted dollars be
sub-contracted out.
Minority status is defined as: provider is at least 51% owmed or controlled (i.e.,
composition of governing board ifnon-profi0 by: 1. Black, Hispanic, Asian or Native
Americans.
2. American Women
3. Combination of # 1 and #2 (use
only if#1 does not equal at least
51%)
Prior to executing an5' sub-contracts, the provider agrees to demonstrate to the department
(Contract Manager) the following:
· How the provider attempted ro recruit and select minority vendors
· How many responses were received by the provider
· Why a rninofitv vendor was/was not selected
19. Medicaid Earnings
The per day rate. as specified in Exhibit A of this contract, must be reduced by Medicaid
earnings, other State funding and other applicable first, second, and third parD.., fees, with
the exception that funds provided bv Medicaid to the provider for Specialized
Therapeutic Foster Care (as published in the current M:dicaid Manual), which are in
excess oftht- rate publishr:d in Exhibit A. will not be returned to the Department
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Contract No:
ATTACHMENT I - PERFORMANCE CONTRACT (Cont.)
as the scope of services provided under this Medicaid category exceed those provided in
normal CCRT placements funded by PRTS/Medicaid funding at the rate in this contract
(i.e., a requirement for two home visits per week). Medicaid earnings must be reported
for billing purposes using the cash method of accounting. The provider assumes no
responsibility for any Medicaid eligibility deten2,~ination.
20. Security Data tntegri~, - CF Operating Procedure No. 50-6
As referenced in Florida Administration Code 44-4.080, and Chapter 815, Florida
Statutes, "Florida Computer Crimes Act", all employees and contrac? provider employees
with access to data through computer related media must read and sign the securitw
agreement for (CF 114) as identified in Exhibit H. Fulfillment ofsecur/ty
responsibilities shall be mandatory and violations may be cause for civil penalties, or
criminal penalties under Chapters 119, 812, 815, 817, 839, or 877, Florida Statutes, or
similar laws.
The provider will ensure that Exhibit H i's signed by all required personnel, and a copy
retained in their file. The signed original must be sent to the contract manager, for
retention in the contract file. A copy of the CF Operating Procedure No 50-6 is available
upon request.
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EXHIBIT A Page I ol'2
STATE FUNDING BY COST CENTER AND PROGRANI
Agency Name The City of Delr~v Beach Comrac~ __ Date: 7/1/9~ Revision __
Adult Adu]l Children's Child/Adol
COST CENTERS Mental HeaRh Suhstance Abuse Mental Health Substance Abuse
I. Assessment $ S S $
State Rate S S S $
Contact Hours Purchased
2. Case Management S S S $
State Rate S S S S
Direct Svs Hfs Purchased
3. Crisis Stabilization S S
State Rate S S
Bed Days Purchased
4. Crisis Support/Emergency S S S
State Rate S S S S
Staff Hours Purchased
5. Day Care $ $
State Rate $ S
Days Purchased
6. Day-Night S S S S
State Rate S S S $
Days Purchased
7. Drop-ln/Self-Help Centers $
State Rate S
Facility Days Purchased
8. In-home and On-site S S S $
State Rate S S $
Direct Svs Hrs Purchased
9. Inpatient S S
State Rate S S
Days Purchased
10. intensive Case Management S S S S
State Rate S S S
Direct Svs Hrs Purchased
t I. tntervemion S S S S
State Rate S $ S S
Direct Svs Hfs Purchased
12. Medical Services S 5 S S
State Rate S 5 S S
Contact Hours Purchased
13. Methadone Maintenance S
State Rate S S
Dosages Purchased
14. Outpatient
a. Individual S $ S S
Individual State Rate S S S
Contact Hour~ Purchased
b. Group $ $ S $
Group State Rate S 5- S S
Contact Hours Purchased
!5. Outpatient Dctox ~ S
State Rate ~ S
Days Purchased
23
07/01/98 ADM Services
EXHIBIT A Page 2 of 2
STATE FUNDI*'G BY COST CENTER .4~ND PROGRA2VI
Agency Name 'f-ne City of Dc!ray Beach Contract __ Date:
Adult Adult Children's Child/Adol
COST CENTERS Mental tlcalth Substance Abuse Mental Health Substance Abuse
16. Outreach $ S S
State Rate $ $ S S
Non-Direct Svs Hrs Purchased
17. Prevention $ $ $ $ 27.583
State Rate $ $ $ $ 22.41
Non-Direct Svs Hfs Purchased 1.231
18. Prev,qnten' - Day S S
State Rate S S
Days Purchased
19. Residential Level 1 $ S S $
State Rate S S S S
Days Purchased
20. Residential Level 2 S S S S
State Rate S S S S
Days Purchased
2 I. Residential Level 3 S S S S
State Rate $ S S S
Days Purchased
22. Residential Level 4 S S S S
State Rate S S S S
Days Purchased
23. Respite Services S
State Rate S
Contact Hours Purchased
24. Sheltered Employrnent S
State Rate S
Days Purchased
25. Substance Abuse Detox 5 $
State Rate S S
Bed Days Purch=ed
26. Supported Employment
a. Individual S $ S S
State Rate S S S S
Direct Svs Hfs Purchased
b. Enclave Model S S S S
State Rate S S S S
Direct Svs H.,-s Purchased
27. Supported Housing/Living S 5 S S
State Rate S S S S
Direct Svs Hfs Purchased
28. TASC S S
State Rate S S
Direct Svs Hrs Purchased
Total State Funds S 0 $ 0 S 0 S 27,583
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7/I/98 ADM Services
EXHIBIT B
FUNDING DETAIL
Agency Name Thc City of Delmv Beach Contract ~ Date 7'!/QB Revision
MENTAL HEALTH
ADULT COMM. MENV'f'AL HEALTH OCA AMOUNT CHILDREN'S MENTAL HEALTH OCA AMOUNT
Baker Act Services( 100611 ) Ci~ildren's Mental Health Sen'ices( 100435)
GeneraIRevenue GR000 $ General Revenue GR000 $
ADAMH Trust Fund 19000 $
Communi~ Mental Health Services(100610) Grants and Dontations Trust Fund
General Revenue GR000 $ Grant
ADAMH Trus~ Fund * 19000 $ Federal Grants Trust Fund
Federal Grants Trust Fund Title IV-B WO000 $
Homeless Grant GX001 S Grant
CommuniW Mental Health Services - CCMS(100610) Chiidren's Baker Act(104257)
General Revenue GR000 $ General Revenue GR000
ADAMH Trust Fund ' 19000
Indigent Drugs (IDP) Purct~ased Residential Treatment Services(102780)
General Revenue GR000 $ General Revenue GR000 $
Line of Credit
Purchase of Therapeutic Sen'ices(100800)
Special P~ject S General Revenue GR000 $
TOTAL ADULT COMM. MH
TOTAL CHILDREN'S MENTAL HEALTH $
SUBSTANCE ABUSE
.~DU"LT SUBSTANCE ABUSE (100618 OCA AMOUNT CH1LD/ADOL SUrBSTANCE ABUSE(100420) OCA AMOUNT
General Revenue
General Revenue GR000 $ GR000 S
Genc~'al Revenue/ADMTF/G&D'I"F** 2700G $ IGencral Revenue/ADM, TF/G&D TF/CASA TF" 2700G $
!:~'eventionServices '**' 27PRV $ Prevention Se.wices *'' 27PRV S27,583
'Services to Women "** 27WOM
Inn"avenous Drag Usage ""' 27HIV $ Federal Grant Trust Fund
[SSi Disenmllee Services "' 27SS7 S __ Grant
ISSi Disemmliee Services "" 27SS8 S S
IFede,"al Grants Trust Fund TOTAL CHILD..ADOL SUB. ABUSE
AIDS'CDC Grant 9M000 S
!TOTAL ADULT SUB. ABUSE S
%LATCH ,.ALCU~ATIONS A.. LICABLE TO CONTP~&CT
FL::WDS NOT REQUIRING MATC!I S0 TOTAL FUNDS REQUIRING MATCH S27,583
S LOCAL MATCH. REQUIRED 59.194
S ADI)ITIONAL LOCAL MATCH S
,,TOTA. L FL,~DS NOT REQ MATCH SO GR..\ND TOTAL LOCAL MATCH $9.19.4'
Community Mental Health Block Grant
*Expenditures must be Substance Abuse Prevention and Treatment Block Grant eligible.
** Substance Abuse Prevention and Treatment BIo-k Grant - Funding Agrevment.- RESTRICTIONS APPLY
25
0'7/01/98 A.DM Ser¥ices
EXHIBIT C
REQUIRED REPORTS
Agent, Name: City of Delrav Beach Contract No. Date: '//1/98 Revision No. __
Due Date
Reports, Required, For All Providers
Response to Monitoring Reports
receipt I , Contract Manager
Agency. Ser~dce Capacity Budget Report
FY 1999 Final 8tl/99 2 I Contract Manager
i:'Y 2000 Draft 'I/15199 1 [ contract Manager
Cost Center Expense Budget Report
FY 1999 Final I 8/1/99 2 Contract Manager
FY 2000 Draft 3115.~9 1 Contract Manager
Cost Center Funding Sources and Revenue Budget
Report
FY 1999 Final t 8a/9~ t ~,1 Contract Manager
FY 2000 Dra.ft 3/1fil99 ! 1 ] Contract
Manager
FY 2000 Local Match Plan 3/1fi/99 I 1 I Contmact Manager
Monthly Data Specified for the Integrated Dam 15 days after Electronic Mental Health Program
System month Submission or Office or FMI-II as
Forms appropriate
Mental Health Performance Data (PB2) ~ectronic District Nine
Submission or ADM
N/A Forms Program Office
State Ime=m-ated Substance Abuse Reports (S~S.4aR) I ~s aa.v, after Electronic District Nine ADM
month Submission , Program Office
Providers
Waiting List Report lS flays after Electronic i District Nine ADM
, month Submission] Program Office
IKIV Counseling and Testing x
HIV Outreach .~mnual Report
Prevention Sen'ices Report 8/1799 [ 1 ] Conu-act IVlanager
Monthly Report for CDC Grant
Other Reports
Children's Mental Health PrioriD' Svs List
N/A
Cost Center Personnel Detail Report 3/15/99 i 1 Contract Manager
Quarterly Local Match Report is days after Contract Manager
end of month 1
Indigent Drug Report [ N/A I Contract .Mm,a~er
Quanerty Sen'ice Provision Report Is aa:-s after
end of month 1 .
26
07/01/98 ADM Services
Exhibit D
Alcohol, Drug Abuse and Mental Health Performance Measures
Agency Name: City of Delray Beach Contract #: Date: / / Revision #:__
Minimum
I. Target Populations Numbers to Be Sensed
A. Adult Mental Health
1. Serious and Persistent Mental Illness
2. Crisis
3. Forensic Involvement
B. Children's Mental Health
1. Seriously Emotionally Disturbed
~ Emotionally Disturbed
3. At Risk of Emotional Disturbance
C. Adult Substance Abuse
1. Parents Putting Children at Risk
2. Involved in Criminal Justice System
3. Intravenous Drug Users
4. Dually Diagnosed
-x Other
D. Children's Substance Abuse
1. Under State Supervision and Abusing Substances
2. Not Under State Supervision and Abusing Substances
3. Children At-risk of Substance Abuse 24
II. Outcome Standards For Each Target Population
A.1. Adult Mental Health - Serious and Persistent Mental Illness
,-~x ~,.__. post admission annual number of days spent in the communiD' by persons served will be
leas:
2. Average post admission GAF score for persons served will be ar __
Average post admission consumer satisfaction score (BHRS) for persons served will be at leas:
4. Avera_~e ~ost admission annual number of days worked for pa5' for persons served will be at least
_ . . or ,~ leas:
5. Averao_t Dost admission monthly inzome for ps:sons s~,x ~d wil! be at __
A.2. Adult .,Mental Health - Crisis
1. .qx,o,-..a_.~,~ pos: admission GAF score for r~ersons served will be a: least __
,. Ax ~,a_. post admission consumer satisfaction score (BHRS/for persons served will be at least __
27
07/01/98 ADM Services
Exhibit D (cont'd)
Alcohol, Drug Abuse and Mental Health Performance Measures
Agency Name: City of Del:ay Beach Contract #: Date: / / Revision #:__
A.3. Adult Mental Health - Forensic Involvement
I. Average post admission GAF score for persons served will be at least__
2. Average post admission consumer satisfaction score (BHRS) for persons served will be at least
3. Percent of persons who violate their Chapter 916, F.S., conditional release and re recommirted shall be
· no more than __ percent.
4. Average post admission annual number of days spent in the communiD,' by persons, who are on
conditional release (Chapter 916, F.S.) and served, will be at least
B.1. Children's Mental Health - Seriously Emotionally Disturbed N/A
I. The average post admission score on the Child:o's Global Assessment Scale for children served will
be at least
2. Children served will spend an average of at least__ days in the communiD' per year·
3. Children served will attend an average of at least__ percent of available school days per year.
4. No more than __ percent of children served will be committed or recommit'ted to the Depamnent of
Juvenile Justice.
5. At least__ percent of families of children served will be satisfied with services as reported on the
Family Center Behavioral Scale (an average item score of four or above indicates satisfaction).
B.2. Children's Mental Health - Emotionally Disturbed ~/A
I. The average post admission score on the Child~'e's Global Assessment Scale for ciaildren served will
be a~ least
2. Ci~ildren served wi!! spend an average of at least days in the community per 3'ear.
: Children .... ' __. .
_. s., x .a wiii anend an average of a: teas: ye:cent of avaiiable school days vet ':'ear.
4. No more than __ percent ofci~ildren served will be committed or recommit~ed to the Department of
Juvenile Justice.
5. .&: leas: __ percent of famiiies of children served will be satisfied with services as revorted on ti~e
ram~lv Center Bei~avioral Scale (an av~raoo_ =. item score of four or above indicates satisfaction).
I¢.3. Children's Mental Health - At Risk of Emotional Disturbance
.At leas: __ percent o5 families o£children served will be satisfied with services as reported o:~. ti:e
raI~llx.' Center :'~" "~
Be,~x lo,~, Scale (an average item score of four or above indicates satisfaction).
C. Adult Substance Abuse ~/A
.&x'erao_e DOS: admission consumer satisfaction score (BHR~ ~ for ali adult substance abuse 'z!ie.-.:s served
will be-at least
25
07/01/98 ADM Se.wices
Exhibit D (cont'd)
Alcohol, Drug Abuse and Mental Health Performance Measures N/A
Agency Name: City of Delray Beach Con.tract #: Date: / / Revision #:
C.1. Adult Substance Abuse - Parents Putting Children at Risk N/A
1. At least__ percent of persons discharged will successfully complete treatment with no alcohol and
other drug use during the month prior to discharge.
2. At least__ persons served will complete treatment.
3. At least percent of persons discharged from treatment will be employed upon discharge.
4. At least __ percent of women pregnant during treatment will give birth to substance free newborns.
C.2. Adult Substance Abuse - Adults Involved in the Criminal Justice System N/A
1. At least__ percent of persons discharged will successfully complete treatment with no alcohol and
other drug use during the month prior to discharge.
2. At least__ persons served will complete treatment.
3. At least __ percent of persons discharged from treatment will be employed upon discharge.
C.3. Adult Substance Abuse - Intravenous Drug Users (not including Methadone)
1. At least__ percent of persons discharged will successfully complete treatment with no alcohol and
o21~er drug use during the month prior to discharge.
2. At least persons serYed will complete ,treatment.
3. At least percent of persons discharged from treatment will be employed upon discharge.
C.4. Adult Substance Abuse - Dually Diagnosed ~/a
1. At least percent of persons discharged wilt successfulty complete treatrnenr with no alcohol and
other drug use during the month prior to discharge.
2. At least__ persons sen'ed will complete treatment.
3. A; least__ percent of persons discharged from treatment will be employed upon disci~arge.
C.5. Adult Substance Abuse - Other
,At ieas; __ r)ercen: ofotrsons discharged wiI] successfully complete treatment with no alcohol and
other drug use during the month prior to discharge.
2. .~.t leas'. __ persons s~rved will complete treatment.
At least __ percent ofpersons discharged from treatment will be empioyed u~on discharge.
D. Children's Substance Abuse N/~
!. .-\r least percent oframnles ofchildren sen, ed will be satisfied with scm, ices as reported on the
Fmniiy Center Behavioral Scale (an average item score of four or above indicates satisfaction/.
D.I. Children's Substance Abuse - Under ti~e Supervision of the State
I. A: least __ perzent of children discharged will successfully complete tream~ent witi~ no alcohol and
other drug use during the month prior to discharge.
,. ,~ leas~ __ children s_~rvec will complete treatment.
D.2. Children's Substance Abusc - Not Under the Supe,~,'isio ofti~eState N/~-
l. ,at least __. percent of ci:ildren dischar,2ed_ wili success~u,.~' ~1>. co.n]vlcte, treatment with nc, alcohol and
other drug use durin_~ ti~e month prior to discharge.
2. ,At leas; __ children serve~ wii! complete treatment.
29
07/01/98 ADM Sen'ices
Exhibit D (cont'd)
Alcohol, Drug Abuse and Mental Health Performance Measures
Agency Name: City of Delray Beach ConTact #: Date: / / Revision #:
D.3. Children's Substance Abuse - Children at Risk of Substance Abuse
1. At least nla percent of students in targeted prevention programs will achieve a minimum of six months
improvement in reading each semester, or will progress to within grade level.
2. At least n/a percent of students in targeted prevention programs will achieve a minimum o£six months
improvement in math each semester, or will progress to within ~ade level.
3. At least 95'percent of children receiving targeted prevention services will not be ad~nitted to substance
abuse sen, ices during the I2 months after completion of prevention sen'ices.
4. At least 95 percent of children will perceive substance use to be harmful at the time ofdischa~oe.= wi~en
compared to admission.
District Specific:g0 percent will successfully complete prevention program.
60 percent of program wilt include parenting skills program.
The Excel Focus 5 will provide a minimum of communit? based activities to
include key community organizations and stakeholders.
EXHIBIT E .Rs uss
HRS - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
MONTHLY ADVANCE/PAYMENT REQUEST
L. DATE
a. AGENCY NAME
c. ADVANCE/PAYMENT: MONTII FOR TIlE MONTII OF__
d. FEDERAL ID# ¢. PROGRAM
f. ADDRESS (Numb~r, CiD'.Stnt~gip):
PART 1 - SERVICE INVOICE
COST CENTER STATE CONTRACT PROI~..ATED ",'-T-D TOTAL TOTAL ELIGIBLE BILl.ABLE UNADJ. A~%I'T
RATE UNITS UNITS PAID UNITS ALLOWABLE UNITS UNITS UNITS D U Fd(OWED)
(A) (B) (C) (D) (El (V) (G) (H) (I) (J)
UN.-kDJIJSTED AbtOUNT - UNEARNED AblOUNT - PRORATED SHARE OF IDP ~ TOTAL AMOUNT OF TOTAL
DUF_dOWED LINE OF CREDIT' STATE PAYMENT
(K) (L) fM) 0q)
· Only to be used when the E 'xhibit B specifies this funding source.
PART 2 - FUNDING DETAIL
TR-51 VENDOR ID: CONTRACt' NO.:
TOTAL AMOUNT OF STATE PAYMENT
g. I cexifx' the above to be accurate and in agreement with the agency's records and with the terms of the contract. Additionallly.
I cerviX' that all client demographic and service event data has been submined to the d:partment in accordance with the contract.
Signature Title Date
L. Contract Manager's Signature
Signa:urc Title Date
31
7/1/98 ADM Services
Exhibit F
Final Invoice/Audit Schedule
Agency Name: City of Detray Beach Contract #: Date: / / Revision #:~
fart 1 - To be completed for the Final Invoice and Audit Report.
· Total Expenditures $
Less Other State and Federal Funding
Medicaid $
Other State (itemize) $
Other Federal (itemize) $
3. Subtotal Reimbursable Expenditures
(line 1 less the sum of line 2) $
4. Unallowable Costs per Chapter 65E-14
(please itemize) $
5. Total Allowable Costs
(line 3 less the sum of line 4)
6. Total ADM Funding
7. Total Local Match Required
(From E 'xhibit B)
8. Excess Earnings/(Under Earnings)
(line 5 less lines 6 and 7) $
9. Amount Paid to Date $
10. Amount Due to Provider
or (Owed to the Department) $
Part 2 - To be completed for the Final Invoice Only
L1 Org. Code Inv. # TR-DT Amt Due (O~ved) ] Cat. # Fund OCA EO
1 ce,'-r~fy the above to be accurate and in agreement with the agency's recoro2s and with the terms of the
contract. Additionally, I certify that all client demographic and service even: data has been subrmt~ed to
the deparm~em in accordance with the contract.
Signature Title Date
Contract Manager's Signature
/
~ Signature Title Date
32
EXHIBIT G
SERVICE DESCRIPTION
AGENCY: CiD' of Delray Beach
PROGRAM: A.MiB CM]3 ASA CSA
COST CENTRE:
1. Service DeS_nition by Cost Center as Per ADM Guidelines:
.o. Description of Serwices Provided:
a. List specific tasks, i.e. counseling, case management, day treatment, etc.
b. List the limits of the task, i.e., prog-rammatic, medical, geographic, etc.
c. Specify times the service is available and hours of operation
d. How often are clients served?
e. '- Ifresidentiai, attach a daily schedule
a. Prevention services provided to fifth grade, at-risk children living within the
Community Development Block Grant target area of the City of Deiray Beach.
Children are introduced and ~ven opportunities to interface, develop gro,~C.h of
social and emotional skills and the ability to draw esteem from individual
,uniqueness.
b. Tasks are pedormend in large and small group se~ings, allowing studems to
observe others behaxfior and to apprgciate corr. monalries and differences.
allows for hands-on aris and crafts, role play and ~Ssual and PedornaLng.
experiences. There are no medic~ components and participants ara timked to the
Cim:-established CDBG target area.
c. Semdces provided a~er school from 2:00-5:00 pm., Monday through Fr/dav al/
half day teacher planning days.
3. Client to be Sec'ed:
a. Desc~be the population
b. Provide c~t~a for eli~biiiD'
c. Describe discharge c~resa and what cons.:kures sec'ice comp:etlon
d. Dssc~be m',O, special target population
a. CinJ!dren I/ring wkhin the CDBG tm-ge.t area and amending Pine Grove
Elementa:%, School. Approxirnareiy 94% of ~he smden:s live with/n this defined
area and m~e considered a
33
b. Children are recommended for participation by their teachers. These children
show no psychological problems but are working below their level of potential
and expectation.
c. As required by Section 10E~16.004(260 and(30), the protection of participants and
discharge procedures shall be in accordance with the attached check information
form. Slots are available to serve students who live within the Community
Development Block Grant target area (bounded on the west by 1-95, the eeast by
Federal Highway, the north by Lake Ida Road and the south by Linton Blvd).
Service completion is established bv the student being promoted into the heX,
gade level (middle school).
d. The CDBG target area houses the highest concentration of low and moderate
households, most of which meet the Standard Title XX eligibility criteria.
4. Address and Telephone Number of Each Progam:
Pine Grove Elementary School
400 SW 10th Street
Del_ray Beach, FL 3344.4
561/243~1554
5. Pro,am Director. s Name and Location:
Mr. Charles R/alley
Full Service Center
301 SW 14th Ave
Deirav Beach, Fi.334~4
561/276-67~
6. Describe How Emergencies are Responded to or How Unexpected Needs for
Ser¥ice are Delivered:
The attached procedures shall be adhered to in case of injury to panicipmnts or
other emergency/non-emergency situations aris :. These procedures are in
compliance with Section ] 0E-16.004(33)(C).
7. Sta£fing Levels:
a. Specifiy number and type of staff member? (staffing pattern) required to
perform the work.
b. \V'nat is the client staffrati,.'~
c. ~X'~at are d'~e agency requirements regm,-ding cer,.i.qcation licensing or
professional expe~ence?
a. (1) Coordinato:-: (2) .-\ct/v/ties Coordinator
34
b. Client to staff ration is 8 children to 1 adult
c. Policies and Procedures are attached.
8. Explain Any Changes, Achievements or Modification for FY97/98:
The projected changes to our pro,am are as follows:
a. To provide activities and homework assistance from 4:00- 5:00 for
6th ~aders who have participated in our progarn or who have been
recommended by teachers.
b. To find additional funding and staffing to accomplish this task.
c. To acquire additional space to house children from other schools.
d. To set upa week long business camp for middle and highschool
students.
e. To continue etiquette and charm pro,ams for middle and high
school students.
9. Explain Proposed Changes, If,Amy, For FY 98/99 and Rationale:
a. To continue to extend services to 6th ~aders at Carver Middle and Orrmi
to track educational pro~ess and to provide support and homework assist-
ance to C~'-ver Students.
35
_=XHIBIT ,,u
SECURITY AGREEMENT FORM
The Department of Children and Families has ,:,ut,,u, ,..~d you:
Employee's Name/Organization
to have access to sensitive data through the use of computer-related media (e.g. printed
reports, microfiche, system inquiry, on-tine update, or any magnetic media).
Computer crimes are a violation of the department's disciplinary standards and, in addition to
departmental discipline, the commission of computer crimes may result in felony criminal
charges. The Florida Computer Crimes Act, Chapter 815, Florida Statutes, addresses the
unauthorized modification, destruction, disclosure, or taking of information resources..
· I have read the above statements and have been provided a copy of the Computer
Related Crimes Act, Chapter 815, F.S.
· By my signature, I acknowledge that I have received, read and understand Chapter
815, F.S., and have received any necessary clarification from my supervisor.
I understand that a security violation may result in criminal prosecution according to the
provisions of Chapter 815, F.S., and may also result in disciplinary action against me according
to the provisions in the Employee Handbook.
The minimum security requirements are:
· Personal passwords are not to be disclosed.
· Information is not to be obtained for my own or another person's personal use.
Print Employee Name Signature of Employee Date
Print Supervisor Name Signature of Supervisor Date
Florida S,:,u,es (1997)
CH.A._~T.~R 815: COMPUTER-RELATED CRIMES
~'15_0: Sho~ title. --
The provisions of this act shall be known and may be cited as the "Florida Computer Crimes Act."
History: s. 1, ch. 78-92.
~ Legislative intent. ---
The Legislature finds and declares that:
(1) Computer-related crime is a growing problem in government as well as in the private sector.
(2) Computer-related crime occurs at great cost to the public since losses for each incident of computer crime tend to be far
greater than the losses associated with each incident of other white collar crime.
(3) The opportunities for computer-related crimes in financial institutions, government programs, government records, and other
business enterprises through the introduction of fraudulent records into a computer system, the unauthorized use of computer
facilities, the alteration or destruction of computerized information or files, and the stealing of financial instruments, data, and
other assets are great.
(4) While various forms of computer, crime might possibly be the subject of criminal charges based on other provisions of taw, it is
appropriate and desirable that a supplemental and additional statute be provided which proscribes various forms of computer
abuse.
History: s. 1, ch. 78-92.
815 03 Definitions.
As used in this chapter, unless the context clearly indicates otherwise:
(i) "Intellectual property" means data, including programs.
(2) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a
computer cause the computer to process date.
(3". "Computer" means an internally programmed, automatic device that performs date processing.
(z~) "Computer software" means a set of computer programs, procedures, and associated documentation concerned with the
operation of a computer system.
(5) .~,~ ,,¢ut,r system" means a set of r=,a[~d, connected or unconnected, computer equipment, devices, or computer software.
f6) "Computer network" means a set of related, remotely connected devices end communication facilities including more than
one com~uter system with capability to transmit data among them through communication facilities.
(7) "Computer system se,vices" means providing a computer system or computer ne.~vork to perform useful work.
.... · ,- ',=,c !!mited to, financial
(8) "Proae,~v" means anvthinc of value es defined in [Footnote 1] s. 812.011 and in~tud__, but is no:.
~ns;rum_n,s, information, including electronically produced data and computer so,~'tware and programs in either machine-readable
or human-readable form, and any other tangible or intangible item of value.
;'9} "Financial instrument" means any check, dra~, money order, certificate of deposit, letter of credit, bill of exchange, credit card.
or marketable security.
(i,:,~ "Ac:ess" means to ao~roach~ns~ru...~,' ~' communicate with. store data in, retrieve data from or othe~,ise make use of any
res3urces of a computer, computer system, or compute: 2etwork.
H ~",,~,' ~ 1. c~. '~ o? .
,-~ ..... /8-~_. [Footnote I} Note: Repealed ~ys. 16, ch 77-342.
CF 114, JF 12.'95
2!5 04 Offenses against intellectual prope~y: public records exemption. ---
'~) Whoever willfutlv, knowingly, and without authorization modifies ~ '~ ~
,., . ~,aL,=, programs, or supportina documentation residing or
existing internal or external to a computer, computer system, or computer netWork commits an offense against intellectual
prope~y.
(2) Whoever willfully, knowingly, and without authorization destroys data. programs, or supporting documentation residing or
existing internal or external to a computer, computer system, or computer network commits an offense against intellectual
property.
(3)
(a) Data, programs, or supporting documentation which is a trade secret as defined in s. 812.081 which resides or exists internal
or external to a computer, computer system, or computer network which is held by an agency as defined in c i~apter 119 is
confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), A~. I of the State Constitution.
(b) Whoever willfully, knowingly, and without authorization discloses or takes data, programs, or supporting documentation which
is a trade secret as defined in s. 812.081 or is confidential as provided by law residing or existing internal or external to a
computer, computer system, or computer netWork commits an offense against intellectual property.
(4)
(a) Except as otherwise provided in this subsection, an offense against intellectual property is a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any prope,~-7
then the offender is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.: s. 1, ch. 78-92; s. 1, ch. 94-100; s. 431, ch. 96-406.-
815 0,~5 Trade secret information. --
The Legislature finds that it is a public necessity that trade secret information as defined in s. 812.081, and as provided for in s.
815.04(3), be expressly made confidential and exempt from the public records law because it is a felony to disclose such recoras.
Due to the legal uncertainty as to whether a public employee would be protected from a felony conviction if otherwise complying
with chapter 119, and with s. 24(a), Art. I of the State Constitution, it is imperative that a public records exemption be created. The
Legislature in making disclosure of trade secrets a crime has clearly established the importance attached to trade secret
,,, ote~.don. Disclosing trade secrets in an agency's possession would negatively impact the business interests of those providing
an agency such trade secrets by damaging them in the marketplace, and those entities and individuals disclosing such trade
secrets would hesitate to cooperate with that agency, which would impair the effective and efficient administration of governments
functions. Thus, the public and private harm in disclosing trade secrets significantly outweighs any publi: benefit derived from
disclosure, and the puDlic's ability to scrutinize and monitor agency action is not diminished by nondisclosure of trade secrets.
History: s. 2, cia. 94-100.
Note. Former s. 119.165.
CFi~4. JF12/96
38
~'.5 05 Offenses against computer e~ui2ment or supplies. ---
(i)
(a) Whoever willfully, knowingly, and without authorization modifies equipment or suppiies used or intended to be used in
computer, computer system, or computer network commits an offense against computer equipment or supplies.
(b) 1. Except as provided in this paragraph, an offense against computer equipment or supplies as provided in paragraph (a) is
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 2. If the offense is committed for the
purpose of devising or executing any scheme or artifice to defraud or to obtain any property,, then the offender is guil~ of a fetonv
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. -75.084.
(2)
(a) Whoever willfully, knowingly, and without authorization destroys, takes, injures, or damages equipment or supplies used or
intended to be used in a computer, computer system, or computer network; or whoever willfully, knowingly, and without
authorization destroys, injures, or damages any computer, computer system, or computer network commits an offense against
computer equipment or supplies.
(b) 1. Except as provided in this paragraph, an offense against computer equipment or supplies as provided in paragraph (a) is
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 2. If the damage to such computer
equipment or supplies or to the computer, computer system, or computer network is greater than $200 but less than Sl ,000, then
the offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. If the
damage to such computer equipment or supplies or to the computer, computer system, or computer network is $1,000 or greater,
or if there is an interruption or impairment of governmental operation or public communication, transpo~ation, or supply of water.
gas, or other public service, then the offender is guilty of a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History: s. 1, ch. 78-92; s. 192, ch. 91-224.
815 06 Offenses against computer users. ---
(1) Whoever willfully, knowingly, and without authorization accesses or causes to be ac:essed any computer, computer system,
or computer network; or whoever willfully, knowingly, and without authorization denies or causes the denial of computer system
services to an authorized user of such computer system services, which, in whole or pa~, is owned b:,'. under contract to, or
operated for, on behalf of, or in conjunction with another commits an offense against computer users.
('at Except as provided in this subsection, an offense against computer users is a felony of the third degree, punishable as
provided in s. 775.0££, s. 775.083, or s. 775.084.
~b) tf the offense is commi~ed for the purposes of devising or executing any scheme or artifice to defraud or to obtain any
pro:e~y, then the offender is guiltl of a felony of the second degree, punishable as provided in s. -75.082, s. 7'75.083. or s.
775.084.
~isto,'%,: ~ ~, ch.
~! 5 07' Trfis chapter not exclusive. ---
The provisicns of this chapter shall not be construed to preclude the applicability of any other prowsion of the criminal law of this
state, whish presently applies or may in the future apply to any transaction which violates this chapter, unless such provision is
inconsistent with the terms of this chapter.
Histo,').,: s. 1. ch. 78-92.
39
,CF 114, dF' 12,~96
CERTIFICATION REGARDING LOBBYING. A~achment :~
,.¢_E,RTIFICATION FOR CONTRACTS, GRANTS~. LOANS AND COOPERATIVE
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or an employee of any agency,
a member of congress, an officer or employee of congress, or an employee of a member of
congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
congress, an officer or employee of congress, or an employee of a member of congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who
fai!s to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Name of Authorized Individual Application or Contract Number
Name of Organization
Ad~ress of Organization Page
· = ~,~,=~
4O
ATTACHMENT
FINANCIAL AND COMPLI.&NCE 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 artachmem. If the provider does not meet any of the requirements below, no
audit is required by this attachment.
PA_RT I: FEDERA. L AUDIT REQUIR_EMENTS
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 du-'ing 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 OM33 Circular A-133, Audi~ of States, Local Governments, and Non-Profit Organizations, except
as modified herein. Such audits shall cover the entire organ'izadon 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. Ail questioned costs and liabilities due to the department shall be fully disclosed in the
audit report with reference to the department contract involved.
PART II: DEPA_RTM:ENT AI. PDIT REQUIREMENTS
This para is applicable if the provider is a nonprofit organization that receives, during its fiscal year.
a rotai of S100,000 or more in non-federal funds from the department which was not paic' from a rate
contract based on a set state or -~o "''~
a, ~-x~ m~ 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 Comp:roi!st General of
the United Stares. Such audits shall cover the entire organization for the orfanization's ~]scal year.
The scope cf'the audi: performed shall cover the financial statements and inctude a report on internal
control and compliance. The.-~pa~in-~. .: package shall include ~- schedule that discloses the, amount ,,,"r
r=cei~ts by cont:'act number for each contract witi~ the department in effect during the audi: period.
Com=iianc~- findings related :o contracts with the depa,~ment shall be based on the contract
requirements, including any rules, regulations, or statutes referenced in the contract. The financial
statements shall disclose whether or nor the matching requirement was met for each applicable
contract. All qua-sdoned cozes and liabilities due ro th: depanmem shall be fuliy disci.~sed in the
audit report with reference to the department contract involved.
C,,_7/01 ,ac ,~!
PART III: STATE AUDIT REQUIREMENTS
tfthe 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 otherwise
required by Florida Statutes:
A. Office of Internal Audit
1317 Winewood Boulevard
Building 1, Room 301G
Tallahassee, Florida 32399-0700
B. Contract manager for this contract.
C. Submit to this address only those reports
required by ON,DB Circular A-133:
Federal Audit Clearin_~house
Bureau of the Census
1201 E. l 0th Street
Jeffersonville, Indiana 47132
D. Submit to this address only those audits
or attestation statements required by
Section 216.349, Floi-ida Statutes:
Jim Dv, x, er
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
The provider shall ensure that audit working pap:rs are made available to the depa~ment, or its
designee, upon request for a period of five >'ears from the date the audit report is issued, unless
extended in writing by the department.
42
05/0t/98
[lTV DF DELRI V BEII£H
CITY ATTORNEY'S OFFICE
TELEPHONE 407/243-7823 · FACSIMILE 407~43-7816
DELRAY BEACH
POLICE LEGAL ADVISOR
Ali,America Ci~
10' Bar~ara Gadto, Doputy City Clork
1993
FROM: Gatherine M. Kozol, Polioe Legal Advisor
DATE: duly 1, 1998
SUBJECT: Agreement Between the School Board
of Palm Beach County and the City
Attached is a copy of the agreement made between the School Board of Palm
Beach County and the City of Delray Beach. The City is to provide a fully
uniformed officer who is to be stationed at the Delray Full Service Center. In
return the School Board shall provide $2,250 per month to the City for the
services of the officer.
The officer will continue to be stationed on campus and will attend school
functions, meetings of the parent, faculty groups to solicit their support, promote
awareness of law enforcement functions and crime prevention. The officer will
also help develop plans and strategies to prevent and minimize dangerous
situations as well as remain openly visible to the students and faculty.
This agreement is a continuation of last year's agreement. At this time the
general counsel of the School Board has signed the agreement. I returned the
original agreement to the School Board for full execution by the Chairman and
Superintendent of Schools. I am requesting that this agreement be added to the
agenda on July 7, 1998. I will present the original signed agreement at the
commission meeting on Tuesday, July 7, 1998.
If you have any questions, please feel free to contact me at 243-7823.
Ibg
Enclosures
c: David Harden, City Manager
Pr/nted on Recycled Paper
AGREEMENT
BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY
AND
THE CITY OF DELRAY BEACH. FLORIDA
WHEREAS, the Delray Full Service Center is comprised of many community
service programs; and
WHEREAS, many of these programs provide services beyond the scope of the
School District's kindergarten through twelfth grade (K-12) responsibilities; and
WHEREAS, many of these programs provide specific services to non-student
residents of the City of Delray Beach; and
WHEREAS, the City of Delray Beach has expressed a desire to provide police
protection to the Delray Full Service Center at a reduced rate.
NOW, THEREFORE, IT IS HEREBY mutually agreed between the School Board
of Palm Beach County, Florida, hereinafter referred to as the "School Board" and the City
of Delray Beach, Florida, hereinafter referred to as "Delray" as follows:
1 .) The School Board shall provide $2,250 per month to Delray for services of
a Delray Police Officer at the Delray Full Service Center from July 1, 1998, through June
30, 1999. Delray Police Officers shall remain employees of Delray, and shall not be
employees of the School Board. Delray agrees to assume responsibility for the acts,
omissions, or conduct of its employees subject to the provisions of Section 768.28, Florida
Statutes, where applicable.
2.) The School Board shall provide access to an air conditioned and lighted
private office with a desk, chair, locking file cabinet, and a telephone which may be used
for general business purposes only. All other equipment needs, benefits, overtime
compensation, and any other responsibilities under Federal and State law, including
Workers Compensation, will be the responsibility of Delray, and will be provided by
Delray for the Delray Police Officer.
3.) Delray shall provide a list of Delray Police Officers and resumes to the Chief
of Palm Beach County School District Police so that potential candidates may be selected
for an interview for the Police Officer position and alternate position at the Delray Full
Service Center.
4.) The Interview Committee shall be comprised of the following School Board
personnel:
A. Executive Director for Area 1
B. Principal of Delray Full Service Center
C. Chief of Palm Beach County School District Police
D. Captain of Palm Beach County School District Police.
5.) The Principal shall set the hours of the Delray Police Officer.
6.) Delray shall immediately notify the Principal and the School Police
Department whenever the Delray Police Officer leaves the school campus. If the Delray
Police Officer is absent due to illness, annual leave, etc., the alternativ5 Delray Police
Officer shall cover the assigned duty.
7.) Delray shall immediately provide copies of all incident reports, Field
Interrogation Reports, information reports, etc., taken on the campus of Delray Full
Service Center to the School Police Department.
8.) The Delray Police Officer shall abide by School Board Policies, when not
in conflict with Delray Police policies, and shall consult with and coordinate activities
through the School Principal and the School Police Department, but shall be responsive
to the chain of command of Delray relating to all matters of employment. No program
may be enacted in the school without permission of the Principal.
9.) The Delray Police Officer is not a school disciplinarian. If the Principal
believes an incident is a law violation, she shall contact the Delray Police Officer who
shall then determine whether law enforcement action is appropriate. The Delray Police
Officer shall maintain high visibility on campus.
10.) The Delray Police Officer will, whenever possible, attend meetings of the
Delray Full Service Center's parent and faculty groups to solicit their support and to
promote awareness of law enforcement functions.
11.) The Delray Police Officer will, whenever possible, make himself/herself
available for conferences with students, parents, and faculty members to assist them with
problems of a law enforcement or crime prevention nature.
12.) The Delray Police Officer will be familiar with all community agencies
which offer assistance to the community so that referrals may be made when appropriate.
2
13.) The Delray Police Officer, the Principal, and the School Police Department
shall confer when appropriate to develop plans and strategies to prevent and/or minimize
dangerous situations on or near the campus or involving students at school related
activities.
14.) Should it become necessary to conduct formal police interviews on Delray
Full Service Center campus with students or staff, the Delray Police personnel shall abide
by School Board Policy, Delray Police Policy, and legal requirements regarding such
interviews.
15.) The Delray Police Officer shall take law enforcement action as necessary.
As soon as practicable, the Delray Police Officer shall notify the Principal and the School
Police Department about any law enforcement action undertaken on or near the Delray Full
Service Center campus. At the Principal's request, the Delray Police Officer shall take
appropriate law enforcement action against intruders and unwanted guests who may appear
at the school and related school functions, to the extent that the Delray Police Officer may
do so under the authority of law. Whenever practicable, the Delray Police Officer shall
advise the Principal before requesting additional police assistance on campus.
16.) The Delray Police Officer will, whenever possible, participate in and/or
attend school functions.
17.) The Delray Police Officer shall be in full uniform while performing all duties
at the Delray Full Service Center.
18.) In the event the Principal of the school has reasonable belief that the Delray
Police Officer is not effectively performing his or her duties and responsibilities, the
Principal shall recommend to the Chief of School Police that the Delray Police Officer be
removed from the program at her school, and shall state the reason(s) thereof in writing.
Within a reasonable time after receiving the recommendation from the Principal, the Chief
of School Police shall advise the Delray Chief of Police of the Principal's request. If the
Delray Chief of Police so desires, the Chief of School Police and the Delray Chief of
Police shall meet with the Delray Police Officer to mediate or resolve any problems which
may exist. At such meeting, specified members of the school staff may be required to be
present. If, within a reasonable amount of time after commencement of such mediation
the problem cannot be resolved or mediated to the satisfaction of the Principal, or in the
event mediation is not sought by the Delray Chief of Police, then the Delray Police
Officer shall be removed from the school and a replacement shall be obtained.
19.) This Agreement shall remain in effect from July 1, 1998 through June 30,
1999, unless terminated sooner pursuant to Paragraph 20 of this Agreement.
3
20.) Either party may terminate this Agreement without cause on thirty (30) days
notice, in writing, to the other party.
21.) This instrument contains the entire Agreement between the parties, and no
statement, promise, or inducements made by either party or agent of either party this is not
contained in this written Agreement shall be valid or binding. This Agreement may not
be enlarged, modified, or altered except in writing, signed by the parties and endorsed
hereon.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year above first written.
PALM BEACH COUNTY SCHOOL BOARD
By:
Chairman
By:
Superintendent of Schools
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor Jay Alperin
Attest:
City Clerk
Approved as to Form and Apes to Forn~nd ]
Legal Sufficiency: L~a~enc7 ~
City Attorney - Delray Beach G~Counsel - School Board
4
£1T¥ DF DELRR¥ BER£H
[ q ( ;5i ~, ii ~i 4 u ?', 21'(~ ,;; Lr :, Writer's Direct l.mc: (561 ) 243-7091
DELRAY BEACH
Ali. America Ci~ M E M ORA N D U M
~90~ TO: City Commission ~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Agreement tbr Sidewalk Improvements - Congress Square Industrial Plat
The attached agreement is between the City and the Spadavecchia's, the owner's of the
property, to allow the waiver of the requirement to construct a sidewalk along Don
Francisco's Way right-ot~way in coQunction with the new development until such time as
the City requests the sidewalk to be constructed along the entire street. If the City requires
sidewalks to be constructed along the entire length of Don Francisco's Way then the Owner
would be required to construct the sidewalk, at its sole cost and expense, in accordance
with all current ordinances of the City of Delray Beach. This Agreement shall mn with the
land and be binding on the parties' heirs, assigns and successors.
By copy of this memorandum to David Harden, our office requests that this Agreement be
placed on the City Commission July 7, 1998 agenda for Commission Approval.
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Susan Ruby, City Attorney
Janet Meeks, Senior Planner
This Instrument Prepared By:
David F. Harman, Esquire
DAVID F. HANNAN, P.A.
8211 West Broward Blvd., Suite 460
Plantation, FL 33324
AGREEMENT FOR
SIDEWALK 'LMPROVEMENTS
THIS AGREEMENT entered into this ~__,~ day of ./~,~_t~/ ,1998
between the CITY OF DELRAY BEACH, FLORIDA (the "City") and JOHN SPADAVECCHIA,
DOMINICK SPADAVECCHIA, VINCENT SPADAVECCHIA, AND JOHN SPADAVECCHIA,
JR. (the "Owner"), for the purpose of waiving the requirement of the installation of a sidewalk
along Don Francisco's Way until such time as all of Don Francisco's Way is required to have
sidewalks.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
sidewalk, within the Don Francisco's Way right-of-way immediately abutting the subject property,
by the Owner prior to the issuance of a building permit and a certificate of occupancy; and,
WHEREAS, at the meeting of the Site Plan Review and Appearance Board of January 7,
1998, the Board granted a waiver from the requirement of the installation of a sidewalk pursuant
to Land Development Regulation Section 6.1.3(D)(I)(b); and
WHEREAS, there are currently no other sidewalks along Don Francisco's Way, and
WHEREAS, in order to provide conformity along the street, the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as it is determined that
the sidewalks shall be constructed on the entire street.
WITNESSETH
NOW, THEREFORE, in witness of the above and in consideration of the City agreeing
to waive the requirement for the installation of a sidewalk, at this time, for the real property
located in Defray Beach, Florida, legally described as follows.'
Lot 1, CONGRESS INDUSTRIAL SQUARE PLAT, according to the Plat thereof
as recorded in Plat Book 82 at Page 61 of the Public Records of Palm Beach
County, Florida.
1. Owner agrees to construct a sidewalk, at its sole cost and expense, along the Don
Francisco's Way right-of-way abutting the subject property, within a time period that is
acceptable to the City, after being requested to do so by the City. The sidewalk, if and when
constructed, shall meet all of the current ordinances of the City of Delray Beach, Florida.
2. It is the intent of the parties that this Agreement shall mn with the land. This
Agreement shall be recorded in the Public Records of Palm Beach County, Florida and shall be
binding on the parties, their respective legal representatives, heirs, successors and assisns.
IN WITNESS WHEREOF, the parties to this Agreement set their hands and seals this
~1 day of /q~_~ ,1998.
WITNESSES: (AS TO ALL FOUR OWNERS) OWNER:
(Please type or print name) (1
(Please t~or print name)/
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument w~ acknowledged before me, in the County and State
aforesaid, this ~1. day of lYlald , 1998 by JOHN SPADAVECCHIA,
DOMINICK SPADAVECCHIA, VINCE~:I~SPADAVECCHIA, AND JOHN SPADAVECCHIA,
JR. all who are personally known by me or who have pro,ced Florida drivers' licenses as
identificati°n 7d wh° did n°t take an °ath' /~~ ~ )..~, 0/~n.~,~~,. ~
~,~('~'~} MYCOMMISSION#CC375955F. XPiRF. Print: [JLof/( J~.~'~ cl~r
%:~,,,o;.~ ._.. June ~, ~ s State of Florida ~ Large
',,,,...o'~uIVDED THRU TROy FAIN INSURANCE. IN~.
My commission expires:
CITY OF DELRAY BEACH, FLORIDA
By:
Title: Mayor
ATTEST:
City Clerk
Approved as to form and sufficiency:
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 1998 by.
and as the Mayor and City Clerk,
respectively of the City of Delray Beach, who are personally known by me or who have produced
as identification and who did not take an oath.
Notary Public
Print:
State of Florida at Large
My commission expires:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/I
SUBJECT: AGENDA ITEM #~ REGULAR MEETING OF JULY 7, 1998
RESOLUTION NO. 40'-98
DATE: JULY 1, 1998
This is a resolution assessing costs for abatement action
necessary to remove nuisances on 40 properties located throughout
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 40-98 assessing costs for
abating nuisances on 40 properties throughout the City.
ref:naagmemo
RESOLUTION NO. 40-98
A RESOLUTION OF THE CITY CO~flSSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN L~ND (S) LOCATED WITHIN THE CITY
OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL
ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS
~NCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEV~ TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
~HEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
-' fence cf a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
· provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that · nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the Xand(s) described in the attached Xist with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the natu~.e of the nuisance(s) and
sent notice that within ten (10) days from ~the date of said notice
forty-two (42} days An the case of violation of Section 100.04 pertain-
~ng to se·walls) they must abate ·aid nuisance, or file · written
request for · hearing to review the decision that · nuisance existed
within t~n (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condit£on by abating
such nuisance, and that the cost thereof would be levied ·s an assess-
ment against said property; and,
~HERFJ~, the property owner(s) named An ~he list attached
hereto and made · part hereof did fail and neglect to abate the
nuisance(~) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed An said notice and Chapter 100 of the Code of Ordinances, or
Af ~he pz:operty owner(s) did zrequest and ~eceive a hearing, said prop-
erty o~ner(s) failed and/or neglected ~o ~a~e such nuisance(s) within
~e ~e desi~ated a~ ~e hea=Ang whe=ein a decision ~as ~ende~ed
adverse ~o ~e p~ope~2 o~e~(s); ~d,
~E~, ~e City of Delra~ Beach, ~rough ~e Cit~ ~inistra-
tion or such agents or contractors hired b~ ~e Cit~ ~nis~ation was
~erefore re~ired to ~d ~d enter upon ~e land(s) descried in the
list atoned ~d ~de a part hereof ~d incurred costs
s~ect nuis~ce(s) existing ~ereon as descried in ~e notice; and,
~E~S, ~e Cit~ ~nager of ~e Cit~ of Delra~ Beach has,
pursuit ~o Chapter 100 of ~e Code of Or~n~oes of ~e Cit~ of Delra~
Beach, s~itted to ~e Cit~ Cotillion a report of ~e costs incurred
in ~ating said nuis~oe(s) as aforesaid, said zepor~ in~cating
costs per parcel of land involved; ~d,
~E~S, ~e City Co~ssion of ~e City of Delray Beach,
pursuant to Chapter ~00 of ~e Code of Or~n~ces desires to assess the
cost of said nuisance (s) against said propert~ o~er(s),
NOW, THE~FO~, BE IT ~SOL~D BY THE CITY CO~ISSION OF THE
CITY OF DE~Y B~CH, ~ORIDA, ~ FOLLOWS:
Section 1. That assessments in ~e individual ~ounts as
b~ ~e report of ~e Cit~ ~nager of ~e Cit~ of Delra~ ~ach, involving
~e City's ~ost of ~ating ~e aforesaid nuis~oes ~on ~e lots or
parcels of l~d descried in said =eport, a ~p~ of which is attached
hereto ~d ~de a part hereof, are her~y levied against ~e parcel(s)
of l~d ~sc=~d ~ said report ~d in ~e ~o~t(s) ~ca~d ~ereon.
Said asses~ents so levied shall, ~f no~ paid wi~in
af~= ~iling of ~e notice ~scr~ed in Sec. 3, ~o~e a lien upon ~e
Zil~O~vl lots ~d parcel(l) of l~d descried in laid report, of ~e
I~e ni~e ~d to ~e I~ ex~nt is ~e lien for general
~d 0~1 be oollect~le ~n ~o I~e ~er as ~rtgage8 ~d fore-
Section 2. ~at such moooo~en~o shall h legal, valid
bin~ng ~ligations ~on ~o ~r~ Igains~ which laid aosoo~ents ire
levied.
Section 3. ~at ~e City Clerk of ~e Cit~ of
he=~y ~rected to 4--e~ate12 mil by first class mil to ~e o~er(s)
2
~s. No. 40-98
cf the property, as euch ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property £or the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date cf said notice of assessment,
a~t~r which · lien shall be placed on said property, and interest will
accrue at the rate cf 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall ~ecome due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney' s fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date cf the notice of assessment, the City Clerk is hereby directed to
record · certified copy of this resolution in the public records of PaWm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the ra~e of 8%, and collection costs including a reasonable attorney's
fee.
P~SSED ~D ADOPTED An regular eession on this the day
cf , 1998
MA]~OR
ATTEST:
City Clerk
3
Res. No. 40-98
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
WINSTON COND, UNIT I, PB 3242, P 1800, PUBLIC EFRAIN ARANIBAR $41.00
RECORDS OF PALM BEACH COUNTY, FL 1754 FUNSTON STREET #3-B 70.00 (ADM. FEE)
(137 SO. SWlNTON AVENUE #1) HOLLYWOOD, FL 33020
SUB OF SEC 20-46-43, S78 FT OF W168 FT OF El/2 CHERYL A. CARLEY $77.00
OF W1/2 OF LT 30, EAST OF GERMANTOWN RD 1200 NORTHFIELD ROAD 70.00 (ADM. FEE)
(LESS E 30 FT OF SW 10TM AVE. RD R/W), PB 1, P 4, WATERTOWN, CT 067951419
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(VAC LOT SOUTH OF 1103 WALLACE DRIVE)
GOLF PARK, LOT 15, BLK 2, PB 26, P 141, PUBLIC ALMANA DUMOND $ - 0 -
RECORDS OF PALM BEACH COUNTY, FL 646 SW 20TM COURT 70.00 (ADM. FEE)
(646 SW 20TM COURT) DELRAY BEACH, FL 33445
TROPIC ISLE 2N° SECTION, LT 210, PB 24, P 246, MURIEL EGAN $ 45.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 3860 ALADDIN AVENUE 70.00
(963 CYPRESS DRIVE) BOYNTON BEACH, FL 33436
TOWN OF DELRAY ALVAN E. MCFORD $275.00
LTS 22 TO 26, INC., BLK 15, PB 13, P 18, PUBLIC 17831 NW 47TM AVENUE 70.00 (ADM. FEE)
RECORDS OF PALM BEACH COUNTY, FL CAROL CITY, FL 330553255
(SW 7TM AVENUE)
TOWN OF DELRAY, W55 FT OF LTS 11 & 12, BLK MARIE QUINCE $51.00
23, PB 10, P 69, PUBLIC RECORDS OF PALM 506 SW 14TM AVENUE 70.00 (ADM. FEE)
BEACH, FL DELRAY BEACH, FL 33444
(SW 3R° STREET)
RIDGEWOOD HEIGHTS DELRAY RPI MANAGEMENT CORP $59.00
LT 23, BLK C, PB 14, P 44, PUBLIC RECORDS OF 209 NE 95TM STREET, SUITE 2 70.00 (ADM. FEE)
PALM BEACH COUNTY, FL MIAMI, FL 33139
(1106 SW 7TM AVENUE)
RIDGEWOOD HEIGHTS DELRAY, E 41 FT OF LT 2, MADELINE SANTIAGO & $ 41.00
BLK D, PB 14, P 44, PUBLIC RECORDS OF PALM HERMELINDA SANTIAGO 70.00 (ADM. FEE)
BEACH COUNTY, FL 1105 1/2 SW 7TM STREET
(1105 & 1/2 SW 7TM AVENUE DELRAY BEACH, FL 33444
TOURIST NOOK DELRAY, LOT 25, BLK B, PB 11, P GLORITH STEPHENSON $59.00
47, PUBLIC RECORDS OF PALM BEACH COUNTY, 13953 CORAL WAY 70.00 (ADM. FEE)
FL DELRAY BEACH, FL 33445
(232 NW 8TM AVENUE)
TOWN OF DELRAY, LT 3, BLK 47, PB 12, P 81, ROBERT G. & PATRIC1A ALLEN $51.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 206 SW 2ND AVENUE 70.00 (ADM. FEE)
(206 SW 2ND AVENUE) DELRAY BEACH, FL 33444
4
RES. NO. 40-98
MONROE SUB, LT 23, BLK 12, PB 14, P 67, PUBLIC DOROTHY J. BUTLER & $ 32.00 (ADM. FEE)
RECORDS OF PALM BEACH COUNTY, FL PAUL JONES, JR. 70.00
(620 NWIsT STREET) 1117 S.W. 8TM STREET
DELRAY BEACH, FL 33447
NICHOLS 2N° ADD TO DELRAY BEACH, LT 14, PB MOLLIE K. BOWLES $69.00
21, P 70, PUBLIC RECORDS OF PALM BEACH GUARDIANSHIP PROG. OF 70.00 (ADM. FEE)
COUNTY, FL DADE COUNTY
(304 SW 7TM STREET) 7950 NW 53RD STREET, STE 301
MIAMI, FL 331667903
TOWN OF DELRAY, S 75 FT OF N 150 FT OF E 1/2 ROBERT L. BURNS $295.00
OF S 1/2, BLK 39, PUBLIC RECORDS OF PALM 2578 LAKE IDA ROAD 70.00 (ADM. FEE)
BEACH COUNTY, FL DELRAY BEACH, FL 33445
((230 SW 3R° AVENUE)
TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 ADELENE JENKINS $51.00
FT OF BLK 24, PB 1, P 3, PUBLIC RECORDS OF PO BOX 1993 70.00 (ADM. FEE)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447
(322 SW 5TM AVENUE)
NORTHRIDGE, W 1/2 OF LT 8 & ALL OF LT 9, BLK PAUL E,. NICOLLS $35.00
6, PB 23, P 168, PUBLIC RECORDS OF PALM 210 SO. SEACREST CIRCLE 70.00 (ADM. FEE)
BEACH COUNTY, FL DELRAY BEACH, FL 33444
(210 SO. SEACREST CIRCLE)
CARVER SQUARE, LTS 12 TO 14, INC. & LT 16, PB RPI MANAGEMENT CORP $98.00
24, P 11, PUBLIC RECORDS OF PALM BEACH HAMPTON REAL ESTATE, INC. 70.00 (ADM. FEE)
COUNTY, 1300 BAXTER STREET # 215
(SW 2~° COURT) CHARLOTTE, NC 282043053
TOWN OF DELRAY, S 5 FT OF LT 1, & N 71,5 FT OF SYLVIA SCHUPLER TRUSTEE $61.00
LT 2, BLK 30, PB 1, P 3, PUBLIC RECORDS OF 3101 WASHINGTON ROAD 70.00 (ADM. FEE)
PALM BEACH COUNTY, FL WEST PALM BEACH, FL 33405
(109 SW 5TM AVENUE)
RESUB OF S 1/2 OF BLK 54, DELRAY, LT 17, BLK DOROTHY J. SHEPPARD $51.00
54, PB 11, P 2, PUBLIC RECORDS OF PALM BEACH 610 NE ]5TM PLACE 70.00 (ADM. FEE)
COUNTY, FL BOYNTON BEACH, FL 33435
(117 & MORE SW 2N° STREET)
SUNDY & TENBROOK ADD TO DELRAY, LT 19, PB J.E. & KAY B. WOMACK $ 41.00
12, P 32, PUBLIC RECORDS OF PALM BEACH Po BOX 2493 70.00 (ADM. FEE)
COUNTY, FL DELRAY BEACH, FL 33447
(SW 4TM STREET)
ATLANTIC PARK GARDENS, DELRAY, LT 20, BLK MARTHA ALEXANDER & $ - 0 -
2, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH JACQUELINE D. ALEXANDER 70.00 (ADM. FEE)
COUNTY, FL 45 SW 13TM AVENUE
(45 SW 13TM AVENUE) DELRAY BEACH, FL 33444
DELRAY SHORES, 1st ADD, LT 6, BLK 12, PB 7, P REYNALL & SUZE EUGENE $ - 0 -
33, PUBLIC RECORDS OF PALM BEACH COUNTY, 2986 LAKE IDA ROAD 70.00 (ADM. FEE)
FL DELRAY BEACH, FL 33445
(2986 LAKE IDA ROAD)
5
RES. NO. 40-98
TOWN OF DELRAY, LT 23, BLK 23, PB 10, P 69, GRACE BARNETT' $115.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1401 39TM STREET 70.00 (ADM. FEE)
(509 SW 3R~ STREET) WEST PALM BEACH, FL 33407
TOWN OF DELRAY, S 1/2 (LESS N 150 FT, W 135.6 ROBERT L. BURNS $84.00
FT & S 106.1 FT) BLK 39, PB 11, P 34, PUBLIC 2578 LAKE IDA ROAD 70.00 (ADM. FEE)
RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445
(VACANT)
DELL PARK, LTS 3 & 4, BLK 8, PB 8, P 56, PUBLIC RICHARD A. COURT, EST. $51.00
RECORDS OF PALM BEACH COUNTY, FL C/O MONT COURT 70.00 (ADM. FEE)
(1012 NE 3Pd~ AVENUE) 584 SO. 700 WEST
PAYSON, UT 84651
SOUTHRIDGE, LT 29, BLK 1, PB 13, P 38, PUBLIC MARIA DELACONCEPCION $67.00
RECORDS OF PALM BEACH COUNTY, FL VILLA TOLEDO 70.00 (ADM. FEE)
(321 STERLING AVENUE) AVEIDA PAEL PARAISO
CARACAS, VENEZUELA, 00038
TOWN OF DELRAY, S 50 FT OF N 200 FT OF W 120 EDWIN C. IVY $59.00
FT OF BLK 25, PB 5, P 2, PUBLIC RECORDS OF 519 SW 15TM TERRACE 70.00 (ADM. FEE)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(NW 5TM AVENUE)
TOWN OF DELRAY, LTS 7 & 8, BLK 72, PB 10, P 57, AIDA MARRERO $ 73.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 329 SO. SWINTON AVENUE 70.00 (ADM. FEE)
(325-329 SO. SWINTON AVENUE) DELRAY BEACH, FL 33444
TOWN OF DELRAY, E 50 FT OF W 200 FT OF N 135 EDWARD L. MARSHALL, TR $51.00
FT OF BLK 11, PB 1, P 3, PUBLIC RECORDS OF C/O DENNIS M. BOYCE 70.00 (ADM. FEE)
PALM BEACH COUNTY, FL 105 NARCISSUS AVE., STE 702
(610 NW 2ND STREET) WEST PALM BEACH, FL 33401
TOWN OF DELRAY, S 75 FT OF W 135.6 FT OF BLK ATUNE ENTERPRISES, INC. $69.00
39, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH 3477 JUPITER BLVD. 70.00 (ADM. FEE)
COUNTY, FL PALM BAY, FL 32909-4102
(3 t 5 SW 3Ro STREET)
TOWN OF DELRAY, W35 FTOF E 135 FTOFN 100 ETHEL BAINE $51.00
FT & S 50 FT OF N 100 FT OF E 35.5 FT OF W 135.5 C/O G. H. BAIN 70.00 (ADM. FEE)
FT OF BLK 31, PB 1, P 3, PUBLIC RECORDS OF 545 NW 5TM STREET
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435
(410 SW 2ND STREET)
SUNSET PARK DELRAY, LT 54, PB 12, P 65, TOMASA CRUZ $51.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 409 NW 7TM COURT 70.00 (ADM. FEE)
(MANGO DRIVE) BOYNTON BEACH, FL 334263622
SUNSET PARK DELRAY, LT 55, PB 12, P 65, TOMASA CRUZ $51.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 409 NW 7TM COURT 70.00 (ADM. FEE)
( MANGO DRIVE) BOYNTON BEACH, FL 33426
SOUTHRIDGE, LT 22, BLK 1, PB 13, P 38, PUBLIC VALERIE C. HAMMOND $51.00
RECORDS OF PALM BEACH COUNTY, FL 11610 CEDAR CREEK ROAD 70.00 (ADM. FEE)
(REIGLE AVENUE) LOUISVILLE, KY 402293703
6
RES. NO. 40-98
RIDGEWOOD HEIGHTS DELRAY, LTS 26 & 27, FRANK L. HOWARD $73.00
BLK B, PB 14, P 44, PUBLIC RECORDS OF PALM 3804 LATIMER DRIVE 70.00 (ADM. FEE)
BEACH COUNTY, FL AUSTIN, TX 78732-2204
(1026 SW 7TM AVENUE)
SOUTHRIDGE, LTS 17 TO 20 INC., BLK l, PB 13, P MANUEL MOREDA & $59.00
38, PUBLIC RECORDS OF PALM BEACH COUNTY, ESTERVINA MOREDA 70.00 (ADM. FEE)
FL PO BOX 1953
(REIGLE AVENUE) DELRAY BEACH, FL 33447
SOUTHRIDGE, LTS 14 TO 16 INC., BLK 1, PB 13, P MANUEL MOREDA & $ 49.00
58, PUBLIC RECORDS OF PALM BEACH COUNTY, ESTERVINA MOREDA 70.00 (ADM. FEE)
FL PO BOX 1953
(REIGLE AVENUE) DELRAY BEACH, FL 33447
PARADISE HEIGHTS, LTS 1 & 2, PB 24, P 113, CHARLENE G. PATRICK $61.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/O LOVETT 70.00 (ADM. FEE)
(NW 6TM AVENUE) 1424 CIMMARON PARKWAY #4
WAKE FOREST, NC 27587
GRACEY-BYRD, LTS 4 THRU 8 (LESS W 5 FT U.S. RLB ENTERPRISES, INC. $250.00
HWY 1 RD R/W) PB 10, P 52, PUBLIC RECORDS OF 249 SO. FEDERAL HIGHWAY 70.00 (ADM. FEE)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483
(247 & 249 SE 6TM AVENUE)
SUNSET PARK DELRAY, LT 51, PB 12, P 65, ENRIQUE C. & AMPARO RAMOS $51.00
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1015 SW 2N° AVENUE 70.00 (ADM. FEE)
(1015 MANGO DRIVE) DELRAY BEACH, FL 33444
CARVER MEMORIAL PARK SUB, LT 2, BLK A, PB JULIA SIMMS $59.00
20, P 56, PUBLIC RECORDS OF PALM BEACH 204 NW 13TM AVENUE 70.00 (ADM. FEE)
COUNTY, FL DELRAY BEACH, FL 33444
(204 NW 13TM AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE.
7
RES. NO. 40-98
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~1
SUBJECT: AGENDA ITEM #RESOLUTION NO. 4~1-~8- REGULAR MEETING OF JULY 7' 1998
DATE: JULY 1, 1998
This is a resolution assessing costs for abatement action
necessary for the emergency board-up of an unsafe structure
located at 936 Gardenia Terrace (Lot 313, Tropic Isle 3rd
Section). The resolution sets forth the actual costs incurred
and provides the mechanism to attach a lien on the property in
the event the assessment remains unpaid.
Recommend approval of Resolution No. 41-98 assessing costs for
the emergency board-up of an unsafe structure at 936 Gardenia
Terrace.
ref:agmemo5
RESOLUTION NO. 41-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR TEE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEV~ TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60) days and
all work must be completed within such time as the Building Official
determine~, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to m~ke the repairs required that the
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City cf Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the s~e nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the s~e provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to 4ww-ediately mail by certified mail, postage prepaid,
- 2 - Res. No. 41-98
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Co-~ission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1998.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 41-98
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Mr. Mark Bode
ADDRESS: 936 Gardenia Drive. Delrav Beach. Fi 33483
PROPERTY: 936 Gardenia Dr~ve; Dmlray Beach; F1 3348_3
LEGAL DESCRIPTION: Lot 313, Tropic Isle Third Section according to
Plat Book 25, Pages 36 and 37 of the official records of Palm Beach County, Fi.
You, as the record owner, of, or holder of an interest in, the above described property
are hereby advised that a cost of $943.24 .by resolution of the City
Commission of the City of Delray Beach, Florida, dated ,
19 , has been levied against the above described property.
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on 5-]8-q~ that the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by the City if you failed to act.
x You failed to appeal the decision of the Chief Building Official to the
Board of Construction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action reqqired by
the decision of the Board of Construction Appeals within a stated period of time. You
failed to take the action as required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on . The Board of Construction upheld
the decision of the Chief Building Official.
- 4 - Res. No. 41-98
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
5-2A-98 at a cost of $943.24 which includes a ten
Percent (10%) administrative fee. If you fail to pay this cost within thirty
(30) days, that cost plus additional/administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE
OF 8% FROM THE DATE OF 'ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
-5- Res. No. 41-98
MEMOR_~NDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'~1
SUBJECT: AGENDA ITEM # ~.L' - MEETING OF JULY 7, 1998
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JULY 2, 1998
Attached is the Report of Appealable Land Use Items for the
period June 15, 1998 through July 2, 1998. It informs the
Commission of the various land use actions taken by the
designated boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated.
Receive and file the report as appropriate.
TO: DA~T./~__x~ ~- HAR~D E N ~_CITY MANAGER
THRU: PA'UL DORLING,f'~.FTING PLANNING DIRECTOR
FROM: JASMIN ALLEN, PLANN :/'~. ~
SUBJECT: MEETING OF JULY 7, 1998 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS JUNE 15, 1998
THRU JULY 2, 1998
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 15, 1998 through July 2,
1998.
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.
No 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.
The Board forwarded the following recommendations to the City Commission on
Comprehensive Plan Amendment 98-1,
Recommended denial (5 to 2, Archer and Schwartz dissenting), of the
Future Land Use Map Amendment from TRN (Transitional) to LD (Low
Density Residential, 0-5 du/acre) in part, and from MD (Medium Density
Residential, 5-12 du/acre) to LD (Low Density Residential, 0-5 du/acre) in
part, in conjunction with the implementation of the Seacrest/Del-lda Park
Neighborhood Plan generally located between Seacrest Boulevard and Dixie
Highway and between George Bush Boulevard and Atlantic High School.
City Commission Documentation
Appealable Items Meeting of July 7, 1998
Page 2
· Recommended denial (5 to 2, Archer and Schwartz dissenting), of the
rezonings from RL (Multiple Family Residential - Low Density) to R-l-AA
(Single Family Residential) in part, from RM (Multiple Family Residential-
Medium Density) to R-I-A (Single Family Residential) in part, and from RL
(Multiple Family Residential Low Density) to R-I-A (Single Family
Residential), in conjunction with the implementation of the Seacrest/Del-lda
Park Neighborhood Plan.
· Recommended approval (7 to 0), of the Future Land Use Map Amendment
from TRN (Transitional) to LD (Low Density Residential, 0-5 du/acre) in part,
and from LD (Low Density Residential, 0-5 du/acre) to TRN (Transitional) in
part, related to the realignment of a roadway within the Citation
Club/Hammock Reserve developments, located on the east side of Military
Trail, south of Linton Boulevard.
Recommended approval (7 to 0), of the rezoning from RM-10 (Multiple
Family Residential - Medium Density with a Density Suffix of 10 Units per
Acre) to PRD-5 (Planned Residential Development - 5 Units per Acre) in part,
and from PRD-5 (Planned Residential Development - 5 Units per Acre) to
RM-10 (Multiple Family Residential - Medium Density with a Density Suffix of
10 Units per Acre), related to the realignment of a roadway within the Citation
Club/Hammock Reserve developments.
· Recommended approval (7 to 0), of an amendment to the text of the Housing
Element relating to the adoption of the Seacrest/Del-lda Park Neighborhood
Plan.
· Recommended approval (7 to 0), of an amendment to the Text of the
Conservation Element regarding the preparation of a program to preserve or
mitigate the development of Hurricane Pines (Environmental Site Along S.E.
10th Street).
Recommended approval (7 to 0), of an amendment to the Land Development
Regulations Section 6.3.3 "Sidewalk Cafe".
A. Approved (7 to 0), a request for a free standing sign for Erny's located within
Atlantic Center, located at the southeast corner of East Atlantic Avenue and
Venetian Drive.
B. Approved (6 to 0, Martin stepped down), the architectural elevation plan (for
awning addition) and color change for 110 Apartments, Inc. located on the
west side of N.E. 7thAvenue, approximately 61 feet north of N.E. 1st Street.
C. Approved (7 to 0), a request for a color change for Atlantic Avenue Shops,
located at the southeast corner of East Atlantic Avenue and Venetian Drive.
City Commission Documentation
Appealable Items Meeting of July 7, 1998
Page 3
D. Approved (7 to 0), a request for a color change for Hacienda Decor, an existing
commercial establishment, located on the south side of East Atlantic Avenue,
between S.E. 4th Avenue and S.E. 5th Avenue.
E. Approved (7 to 0), the architectural elevation plan to add neon lighting for Love's
Drugs, located at the southwest corner of N.E. 1st Street and Pineapple Grove
Way (N.E. 2'd Avenue).
F. Approved (6 to 0, Carter stepped down), the Class III site plan and landscape
plan associated with the construction of a parking lot for Continental Concrete,
located at the southeast corner of Congress Avenue and Don Francisco's Way.
Concurrently, the Board approved waivers to allow the deferral of the installation
of the sidewalk along Don Francisco's Way; reducing the required right-of-way
for Don Francisco's Way from 60' to 50'; and, increasing the drive aisle width
from 26' to 81' based on the need to accommodate the turning radius of concrete
trucks.
G. Approved (7 to 0), the Class V site plan, landscape plan, and architectural
elevation plan associated with the construction of a 7,621 sq. ft. auto parts store
for Auto Zone, located on the east side of Military Trail, approximately 250' north
of West Atlantic Avenue (site of the former First Alliance Church). Concurrently,
the Board approved an increase in the width of the access driveway from 24' to
30'.
1. Approved (5 to 0, Hulburt and Keller absent), a request for a Certificate of
Appropriateness associated with the construction of a new single family
residence, Rosenblatt Residence, located on the south side of N.E. 7th Street,
east of Swinton Avenue. Concurrently, the Board granted a variance reducing
the required front setback from 30' to 25' and the required side interior setback
from 10' to 7.5'. Also the Board granted a waiver reducing the perimeter
landscape strip between the driveway and the property line from 5' to 3'.
2. Approved with conditions (5 to 0), a request for a Certificate of Appropriateness,
site plan, landscape plan and architectural elevations associated with the
conversion of a single family residence to a beauty salon, McKeever Beauty
Salon, located at the southeast corner of Swinton Avenue and N.E. 3rd Street.
Concurrently, the Board approved a waiver reducing the required right-of-way
width for N.E. 3rd Street from 60' to 50'.
3. Approved (5 to 0), a request for the demolition of a noncontributing duplex
structure at 15-17 S.W. 1st Avenue. The Board then approved with conditions (5
to 0), a request for a Certificate of Appropriateness, site plan and landscape plan
associated with the construction of a 16-space off-site parking lot, Rectory Park
Accessory Parking Lot. The proposed parking lot is to be located on the east
City Commission Documentation
Appealable Items Meeting of July 7, 1998
Page 4
side of S.W. 1st Avenue, approximately 140' south of Atlantic Avenue.
Concurrently, the Board approved waivers reducing the required right-of-way
width for S.W. 1st Avenue from 60' to 40' and eliminating the stacking distance
requirement at the security gate entrance.
4. Approved ( 5 to 0), with conditions changes to the architectural elevation
involving the configuration of three windows for the Sundy House, located at
the southwest corner of Swinton Avenue and S.W. 1st Street.
5. Tabled (3 to 2, Ames and Keller dissenting), a request for a Certificate of
Appropriateness for a flat wall sign for Yama Japanese Restaurant at the
Masonic Lodge Building, located at the southwest corner of East Atlantic Avenue
and S.E. 1st Avenue.
6. Tabled (4 to 0, Ames, Turner and Farrington absent), a request for a Certificate
of Appropriateness pertaining to exterior wall mounted light fixtures and parking
lot lighting for the Check Cashing Store, located at the southeast corner of
West Atlantic Avenue and S.W. 1st Avenue. The Board tabled the item to allow
the applicant to investigate alternative lighting fixtures.
7. Approved (4 to 0), a request for a Certificate of Appropriateness for a flat wall
sign for Yama Japanese Restaurant at the Masonic Lodge Building, located at
the southwest corner of east Atlantic Avenue and S.E. 1st Avenue.
8. Approved (4 to 0), a request for a Certificate of Appropriateness for exterior color
change for the cottage to the south of the Rectory Building, located on the west
side of Swinton Avenue, south of West Atlantic Avenue.
9. Approved (4 to 0), a request for a Certificate of Appropriateness for exterior color
change for the residential structure located at '102 S.E. 7th Avenue.
By motion, receive and file this report.
Attachment: Location Map
LOCATION MAP FOR CULF STREAM
CITY COMMISSION MEETING
OF JULY 7, 1998
L-30 CANAL
LAKE ~DA ROAO
N.W, 2ND
ATLANTIC S.W. 2NC
r
LOI~FSON BOULEVARD
LIN TON BOULEVARD
L-38 CANAL C-15 CANAL
c~ L,~,TS ........... S.P.R.A.B.: H.P.B.:
A. - ERNY'S 1. - ROSENBLATT RESIDENCE
B. - 110 APARTMENTS, INC. 2. - McKEEVER BEAUTY SALON
I 1 MILE I C. - ATLANTIC AVENUE SHOPS ,3. - RECTORY PARK PARKING LOT
I
I
D. - HACIENDA DECOR (15-17 S.W. 1ST AVENUE)
SCALE E, - LOVE'S DRUG 4-. - THE SUNDY INN
F. - CONTINENTAL CONCRETE 5. - YAMA JAPANESE RESTAURANT
N G, - AUTOZONE 6. - THE CHECK CASHING STORE
7. - YAMA dAPANESE RESTAURANT
~ 8. - THE RECTORY
CITY OF DELRAY BEACH, FL 9. -- 102 S.E. 7TH AVE.
PLANNING & ZONING DEPARTMENT
-- D/GIT,41_ 8,4SE' MAP SY'SI'E~ --
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # Ol'~- REGULAR MEETING OF JULY 7, 1998
AWARD OF BIDS AND CONTRACTS
DATE: JULY 2, 1998
This is before the City Commission to approve the award of the
following bids and contracts:
1. Purchase approval for eight (8) replacement computers from
Gateway 2000 for the Parks and Recreation Department at a
total cost of $18,816 ($2,352 each), via State Contract,
with funding from 334-6112-519-64.11 (R&R Computer
Equipment).
2. Contract award in the amount of $14,700.00 to Mathews
Consulting, Inc. for an inventory of all sidewalks owned and
maintained by the City, including location, characteristics
and condition, with funding from 334-3162-514-63.11 (General
Construction Fund/R&R - Swales/Sidewalks).
Recommend approval of the bid and contract awards listed above.
ref:agmemo8
Agenda Item No.: v,7/
AGENDA REQUEST
Date: June 29, 1998
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: July 7, 1998
Description of agenda item (who, what, where, how much): Request approval
of purchase of 8 replacement computers for the Parks and Recreation Department for a
total price of $18,816 from Gateway 2000 ($2,352 each). This will be ordered through
State Contract #250-040-96-1. This will be funded out of account #334--6112-519-64.11.
ORDINANCE/ RESOLUTION REQUIRED: YES~N~ Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature: wl~o__m~r~ ~
Determination of Consistency '~ p ehensive'Plan:
City Attorney Review/ Recommendation (if applicable).:
Budget Director Review (required on all items' involving expenditure
of funds }:
Funding available: NO
Funding alternative .B~-~ ~ (if applicable)
Account No. & Des
City Manager Rev~'ew:
Approved.Hold Until for: agenda:
Agenda Coordinator Review:
Received:
Ac tio n: App rev ed / D i s approved ·
[ITY (IF I)ELA;iY BEI:I£H
DELRAY BEACH
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000
AII-AmericaCity
1993
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Replacement of 8 Computers for Parks and Recreation
DATE: June 29, 1998
Last fiscal year the Parks and Recreation Department budgeted for replacement of 8
computers throughout the various Divisions. MIS Division determined it would be more
efficient if they ordered the computers close to the time frame in which they would be
able to install them. MIS has entered requisition #62434 for these computers into the AS
400 system for a total of $18,816 ($2,352 each). These computers will be funded out of
account #334-6112-519-64.11.
s and Recreation
JW:cp
Ref:buy8comp
THE EFFORT ALWAYS MATTERS
~~ ~ GATEWAY 2000 MAY11, 1998
SPURS#421249184-002 STATEWIDE Sk~PORT
LEVEL I & LEVEL II
~..'.'~ i i i: i~ STATE OF FLORIDA CONTRACT #250-040-96-1
GATEWAY E SERIES E-3110 300
FEAIURE~ DRIVE OPTIONS
· lllte.1300MI~P~nnll~~thS12KCache 2GBUItmATADrive .............................................. subtract. $ 140
· 64MBSDRAMexpandal~to384MB ," 4GBUltmATADrive ............................................... subtract: $ 90
· E.3F~70(l~l~'~?M°ni~, 15'fv'viawa-b!¢) t,,, '~ 6.4GBUltmATADrive ............................................ subtract $ 50
· . A;II~41d~;~P~~ ~,i ~ 10GBUltmATADrive .................................................... add:$ 100
I 8;,4;C~8,5!l/s, UllmATAHard, Drive~ 14.4GBUIIraATADrive .................................................. add: $ 310
I' ~,~:!~. MB,~Ddw IBM 4OB SCSI Drive with controller .............................. add: $ 196
I -'- .l~XmilgB2XmaxCD-RDM - Seagate 4GB SCSI Drive with coniroller ......................... ~ $ 325
I ~~10/I00 Twisted Pair Ethernet ~ ' 9GB 7200 RPM SCSI Dine with controller ..................... add: $ 476
~~ *Please Not~: 9GB SCSI is not ava/lable in Deaktop Cas~
I. ~.~OIIIi~ ForaddihonalRAM adc S48per 16MB
· 10~'~Keyboard ¥1DEO OPTION8
II MSlate, lliM~use aad Gateway Mouse Pad EVS00(15"Moaitor, 13.9"viewable) ...................... subtract. $ 170
· lnleJ LANDeak Oient ~ So/tware Vet'sim 3.1 vxg00 (19" Monitor, 18" viewable). ............................ add: $ 250
I Mlcrol~RWllldow~gSwlWindo~98Fr~eUpgrade VXll00 (21" Monitor, 19.7"viewable) ........................... add: $ 670
Congo,. NVidia 4MB AGP Graphics Accelerator ....................... ~ $ 10
· ~ 29a~ti-Virus Sot~rare AccelGraphics Permedia 2
I C, aLaway GoldTM Service and Support AGP 8MB Video Card .................................................... add: $ 50
$ 20,~4 DELIVERED ATI 8MB AGP Graphics Accelerator ........................... add: $ 30
/y. MULnMEDU OPTIONS
'~!' -/'~7~ /9~/~6::: 13X min / 32X max SCSI CD-ROM (w/ Controller).... add: $ 165
· Sound Blaster 16X or Ensonlq Audio Kits
,~'5"o~ · 0-~ with CCS 100 Speakers by Altec Lmksi~ ......................... add: $ 60
8OFI~/ARE O~]ON~, with Boston Acoustics 3-piece Speaker Set ....................... add: $ 130
Application Sottware isnow aa option with Boston Acoustics Media Theater Speakers ............... add: $ 205
~ltOffa~-97 Sol~war~Sl~ add: $ 79 PERIPHERALS
Mica-osottOffaoo97 Pro__t~__~onalSottware add: $ 278 E-Series Desktop Case ............................................................... atbtracr. $ 30
Intel~~SoflwamVemion3.1 ........... add; $ 49 E-SeliegrowerCase ............................................................................ adal. $ 35
UpigadetoW'mNT4.0.W~fxanW'm95 ............. ada', $ 99 TelePath®ModemforWmdowsw/x2X~Technolol/~ .............. add,$ 79
· Limit~d Up~ with Wlndow~ NT 4.0 TelePath® Modem w/x2TM Technology* ..................................... ad&. $ 129
3COM ISA Ethernet Combo .......................................................................... N/C
lqo~ W~towsRr41)isa3ZBitopa~slaland~a~lf~la~.~ A~k~our 3COM PCI ISATwisted Pair Ethernet .................................... ,mbrrac~. $ 14
H~a Op~d~cmaab~-,-,atx~lam~na~,/~a~ ~istni~,,am~ t,~ SMC PCI Twisted Pair/BNC Ethernet adapter ............................................ N/C
,a s~n~atb~,,~,,,,,a~/~Ml~sya=a SMC PCI i0/100 Twisted Pair Ethernet ....................................................... N/C
IBM PCI Token Ring Card. ............................................................. ~ $ 95
SERVICE Intel EthezE.xpress'm~o/lO0+ Networ~Ca~ .............................. add:. $ 5
Gatewa¥~~ ............................................... add; $ 99 8-Po~t Ethernet Hub .......................................................................... add, $ 69
GatewayGoldma~itesystanimlallation ........................ add; $ 129 4-PackofCableforHub ................................................................... add, $ 29
PCMCIA Card Reader ..................................................................... ada~ $ 159
IOMEGA. Internal Zip Drive w/2 Zip Disks .................................... ada~. $ 99
IOMEGAExtemalZIPDnve .......................................................... ada!. $ 159
SuperDiskLS-120w/2Disks ........................................................... ad&. $ 99
SuperDiskLS-120w/2Diaks(replaces3.5"FDD) ......................... ad~ $ 69
TR4 SCSI TBU and Tape(w/SCSI Conlroller) ............................... add.' $ 394
TR4IDETBUandTape .................................................................. add' $ 199
· Maximum data transfer rote dependent on certain variables including particular modems with which you are communicating,
telephone lines, communications software, and communications protocols. Many Gateway products are custom engineered to
Gateway. specifications, whic& may vary from the retail versions of the software an~or hardware in functionality, performance or
compatibility. Prioes and configurations are subject to change without notice or obligation, 05/11/98/tdcff
610 Oataway Drive * P.O. Box 2000 * North Sioux City, South Dakota 57049.2000
Tda~hone 603.232-2000 * Fax 60~.232.2601 * Toll Fr~ 800-779-2000
Agenda Item No.
AGENDA REQUEST
Date: 15-Jun-98
Request to be placed on:
X Regular Agenda
Special Agenda
~ Workshop Agenda When: 07-Jul-98
Description of item (who, what, where, how much): Approval/authorization for Mayor to
execute an Agreement, sub!ect to review by Law Department. with Mathews Consulting.
Inc. This Agreement is to complete an inventory_ of all sidewalks owned and maintained
by the City.. The inventory_ will list sidewalk location, characteristics and condition. The
cost of this Agreement is $14.700,
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATFACHED YES/NO
Recommendation: Staff recommends approval of Agreement with Mathews Consulting.
Inc.
Department head signature: ~ ~.~~-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review~ee~q~'ed o~invol)dn§ expenditure of funds):
Funding availa~NO '~-~--~' -7//'7..[-~ . __
Funding alternatives '--"' (,if applicable)
Account No. & Description 334-3162-514,63-11
Account Balance ,$100.575.00
City Manager Review:
Approved for agenda: ~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Ag520.doc
s:~...projetst96~96-04 l ~contractiagendaOl.doc
City o f D e I r ay B e a c h · Department of Environmental Services
MEMORANDUM
THRU: Richard Hasko, P.E. ~
TO: David T. Harden
FROM: Randal L. Krejcarek, P.E.~~
DATE: 19-JUN-98
SUBJECT: City Wide Sidewalk Inventory
Project # 96-041
Agreement Approval
The attached agenda item is a request for the City Commission to approve/authorize
the Mayor to execute an Agreement, subject to review by Law Department, with
Mathews Consulting, Inc., for consulting services for a Sidewalk Inventory Program.
This Agreement includes an inventory of all sidewalks owned and maintained by the City.
The inventory will list sidewalk location, characteristics and condition. The City will
receive a map showing sidewalk locations and condition as well as a database so future
sidewalk activity can be monitored.
Since this work is not typical to the type of services generally requested from the
consultants retained by the City, I solicited three quotes. The quotes received are as
follows:
McMahon Associates, Inc. $30,000
Hazen & Sawyer 20,765
Mathews Consulting, Inc. 14,700
Since Matthews Consulting is not a consultant retained by the City I have sent them the
City's Standard Agreement and requested that it be utilized for this project.
The cost of this Agreement is $14,700. Funding will be provided from account # 334-
3162-541.63-11, General Construction Fund.
enc.
File: Project No.: 96-041
s: engine~l\engine~1\projects\96-041\contact\agenda01.mem
MATHEWS
CO SUCX ,4
Environmental Engineers
May 29, 1998
City Engineer
CITY OF DELRAY BEACH
434 South Swinton Avenue
Delray Beach, Florida 33444
Revised -Proposal for
Sidewalk Inventory_ Pro,rata
Dear Mr. Krejcarek:
Mathews Consulting, Inc., is pleased to submit herewith a scope of services and fee proposal for
thc referenced project. ~ The scope represents my understanding of the services requested by the
City of Delray Beach
ScOpe of Services
This scope of services covers Phase I of the Sidewalk Inventory Program for the City. The
City's gOals are to have an inventory of all sidewalks owned and maintained by the City. The
inventory would list the location of the sidewalk including characteristics, features, and surface
conditions. The project area is define as follows: bounded on the west by unincorporated Palm
Beach County; bounded on the north by the City of Boynton Beach and Town of Gulfstream;
bounded on the south by the City of Boca Raton; and bounded on the east by the Atlantic Ocean.
This proposal provides the scope of work and fee proposal to provide the inventory of the City's
sidewalks.
·; Task 1 - Sidewalk Inventory
Mathews Consulting shall provide a field reconnaissance of all sidewalks (approximately 75
miles) owned by the City. A sidewalk inventory form shall be filled out for each section/block
that describes the location, characteristics, features, and surface conditions of the sidewalk. A
sidewalk inventory form is attached with this proposal. A photo record (using digital camera
format) shall be provided of noted sidewalk characteristics and included with the final report to
the City.
Task 2 - Data Input
Mathews Consulting shall input the data from the sidewalk inventory forms into a database. The
database shall be developed by the City and provided to Mathews Consulting.·
Consulting, Inc. · 1601 Belvedere Road, Suite 308E * 14'est Palm Beach. FL 33406 * 561~478-7961 * Fax 561-478-7964
MATHEWS
~ CONSULTING t~c.
Mr. Randal L. Krejcarek, P.E.
May 29, 1998
Page 2 of 3
Task 3 - Sidewalk Inventory Map and Final Report
Mathews Consulting shall prepare a sidewalk inventory map in AutoCAD which shows the
locations of all sidewalks in the project area owned by the City. The maps shall be developed
using the City's existing Atlas base maps provided in AutoCAD format.
Mathews Consulting shall provide the City with 'three (3) copies of the final report which shall
include project description, inventory forms, photo record, database printout, and final inventory
map.
Task 4 - Coordination Meetings
A total of four (4) meetings are included with this proposal. The initial meeting shall be used to
establish lines of communication and responsibilities, identify critical issues and constraints, and
to develop a level of threshold for the field survey criteria. The project schedule, critical
decision points, and key review dates shall also be addressed. Subsequent project meetings shall
serve to present project status and to discuss and resolve any problems impacting completion of
the project. Mathews Consulting shall prepare a written summary of each meeting containing
key decisions and issues.
Assumptions
The scope of services described above is based upon the City providing the following services:
1. City shall provide to Mathews Consulting a map which shows the approximate
locations of all sidewalks.
2. City shall provide Mathews Consulting with the names of the areas that have
sidewalks that are maintained by Palm Beach County or are privately owned. The
areas known are: Military Trail, Atlantic Avenue (west of 1-95), S.R. A1A,
Federal Highway, Linton Boulevard, Lake Ida Road and Congress Avenue.
3. City shall provide Mathews Consulting with database.
Fee Proposal
Compensation for services shall be based on a lump sum method of payment.
MATHEWS
CO. SUrfiNG ,NC.
Mr. RandaIL. Krejcarek, P.E.
May 29, 1998
Page 3 of 3
Task Lump Sum
Task 1: Principal - 120 hrs. ~ $75.00/hr. $9,000
Task 2: Data Analyst - 60 hrs. ~ $30.00/hr. $1,800
Task 3: Principal- 16 hrs. ~ $75.00/hr. - $1,200
CADD Designer- 60 t-,~s. ~ $30.00/b_r. $1,800
Subtotal: $3,000
Task 4: Principal - 12 hrs. ~ $75.00/hr. $900
Total $14,700
Proposed Schedule
The project schedule is summarized below:
Working Days
from Notice to
Task Proceed
Task 1: Sidewalk Inventory 20 days
Task 2: Data Input 35 days*
Task 3: Inventory Map and Final Report 50 days
Task 4: Coordination Meetings. Ongoing
* Based upon City providing working database within 20 working days from Notice to Proceed.
I hope this proposal meets with your approval. If you have any questions or need additional
information, please let me know.
Very truly yours,
MATHEWS CONSULTING, INC.
Rene L. Mathews, P.E.
President
C: Prospective
SIDEWALK INVENTORY FORM
FIELD INSPECTOR DATE
LOCATION;
STREET NAME
BEGINNING ST. ENDING ST.
SIDE OF STREET N E S W
ATLAS SHEET NUMBER
CHARACTI~RISTICS:
MATERIAL PAVER~ CONCRETE~ ASPHALT OTHER~
· .... AVERAGE WIDTH
AVERAGE DISTANCE FROM EDGE OF PAVEMENT OR BACK OF CURB
FEATURE~
CURBING YES NO
TYPE OF CURBING "D"~ "F"~ VALLEY
ACCESSIBLE @ BEGINNING ST. YES NO ENDING ST. YES NO ,,
SURFACE CONDITIONS
a.) CRACKING YES . NO
Comments:
b.) GAPS (missing sidewalk) YES NO
Comments:
c.) SUBSIDENCE/LIFT) YES . NO
Comments:
d.) OBSTRUCTIONS YES. NO
Comments:
e.) OTHER (under-mining, etc...) YES NO
Comments:
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND CONTRACTOR
THIS AGREEMENT made this day of ,19 , by and
between the CITY OF DELRAY BEACH (hereinafter called CI'I'~) and
Mathews Consulting, Inc. (hereinafter called CONTRACTOR).
WITNESSETH:
The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter
set forth, agree as follows:
1. The undersigned CONTRACTOR hereby represents that he has carefully
examined all Contract documents, and will perform the contractual requirements pursuant to all
covenants and conditions.
2. The CONTRACTOR, as evidenced by the execution of this contract,
acknowledges that it has examined the physical characteristics of the job requirements. The
CONTRACTOR further acknowledges that the bid price includes all costs and expenses
required for the satisfactory completion of the contracts requirements.
3. The contract between the CITY and the CONTRACTOR include the following
documents which are attached hereto and incorporated herein by reference of the following:
CONTRACT DOCUMENTS ATTACHMENT
Standard Form of Agreement 1
Proposal for Sidewalk Inventory Program, 2
Dated May 29, 1998
Corporate Acknowledgment 3
Certificate 4
Insurance Requirements 5
CONTRACT DOCUMENTS ATTACHMENT
Sample Insurance Form 6
Drug Free Work Place Certification 7
Addenda numbers to inclusive, and any modifications, including Change
Orders, duly delivered after execution of this Agreement.
4. The term of this contract shall commence on the date indicated on the Notice to
Proceed.
5. This agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach
County, Florida.
6. All notices, requests, demands, and other given if personally delivered or mailed,
certified mail, return receipt requested, to the following:
As to City: City of Delray Beach, FL
100 N.W. 1'*Avenue
Delray Beach, FL 33444
As to Contractor:. Mathews Consulting, Inc.
1601 Belvedere Road, Suite 308E
West Palm Beach, FL 33406
Attn: Rene L. Mathews, P.E., President
7. Payment to the CONTRACTOR shall be made by the CITY within thirty (30) days
after receipt of monthly invoice submitted for the project.
8. The CONTRACTOR shall not, without prior written consent of the CITY, assign
any portion of its interest under this contract and, specif'mally, the CONTRACTOR shall not
assign any moneys due or to become due without the prior written consent of the CITY.
9. The CITY and the CONTRACTOR each binds himself, his partners, successors,
assigns and legal representatives to the other party hereto in respect to all covenants,
agreements and obligations contained in the contract documents.
10. Indemnification: The CITY agrees to pay to the CONTRACTOR the sum of Ten
Dollars ($10.00) and other good and valuable consideration as specif~i consideration for the
below-stated indemnification in accordance with the provisions of F.S.A. Section 725.06.
Furthermore, the CONTRACTOR acknowledges that the bid pdce includes the consideration for
the indemnification provision.
The CONTRACTOR shall indemnify, defend and save harmless the CITY, its offmers,
agents, and employees, from or on account of any claims, damages, received or sustained by
any person or persons resulting from the work provided by CONTRACTOR pursuant to the
contract documents for this Project: or by or in consequence of any negligence in connection
with the same: or by use of any improper materials or by or on account of any use of any
improper materials or by or on account of any act or omission of the said CONTRACTOR or his
subcontractors, agents, servants or employees in connection with same. CONTRACTOR
agrees to defend, indemnify and same harmless the CITY, its officers, agents and employees,
against any liability adsing from or based upon the violation of any Federal, State, County or
City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors,
agents, servants or employees.
The indemnification provided above shall obligate the CONTRACTOR to defend at his
own expense or to provide for such defense, at the CITY'S option, any and all claims or liability
and all suits and actions of every name and description that may be brought against the CITY,
its officers, agents, or employees which may result from the operations and activities under this
Contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone
directly or indirectly employed by either. This indemnification includes all costs and fees
including attomey's fees and costs at thai and appellate levels.
11. This Agreement shall be considered null and void unless signed by both the
CONTRACTOR and the CITY.
12. The contract documents constitute the entire agreement between the CITY and
the CONTRACTOR and may only be altered, amended or repealed by a duly executed written
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and
year first above written.
A'CrEST: CITY OF DELI=AY BEACH, FLORIDA
E y:
City Clerk Jay Alpedn
Mayor
Approved as to form:
City Attorney
I
David L. Mathews Rene L. Mathews, P.E., PreSident
(Print or type neme) (Print or type neme end title)
(Seel)
MATHEWS
CONSULTm
Environmental Engineers
May29,1998
Mr. Randal L. Krejcarek, P.E.
City Engineer
CITY OF DELRAY BEACH
434 South Swinton Avenue
Dekay Beach, Florida 33~.44
Revised -Proposal for
Sidewalk Inventory. Program
Dear Mr. Krejcarek:
Mathews Consulting, Inc., is pleased to submit herewith a scope of services and fee proposal for
the referenced project. The scope represents my understanding of the services requested by the
City of Delray Beach
Scope of Services
This scope of services covers Phase I of the Sidewalk Inventory Program for the City. The
City's goals are to have an inventory of all sidewalks owned and maintained by the City. The
inventory would list the location of the sidewalk including characteristics, features, and surface
conditions. The project area is define as follows: bounded on the west by unincorporated Palm
Beach County; bounded on the north by the City of Boynton Beach and Town of Gulfstream;
bounded on the south by the City of Boca Raton; and bounded on the east by the Atlantic Ocean.
This proposal provides the scope of work and fee proposal to provide the inventory of the City's
sidewalks.
Task 1 - Sidewalk Inventory
Mathews Consulting shall provide a field reconnaissance of all sidewalks (approximately 75
miles) owned by the City. A sidewalk inventory form shall be filled out for each section/block
that describes the location, characteristics, features, and surface conditions of the sidewalk. A
sidewalk inventory form is attached with this proposal. A photo record (using digital camera
format) shall be provided of noted sidewalk characteristics and included with the final report to
the City.
Task 2 - Data Input
Mathews Consulting shall input the data from the sidewalk inventory forms into a database. The
database shall be developed by the City and provided to Mathews Consulting.
MATHEWS
~ CONSULTING ~c.
Mr. Randal L. Krejcarek, P.E.
May 29, 1998
Page 2 of 3
Task 3- Sidewalk Inventory Map and Final Report
Mathews Consulting shall prepare a sidewalk inventory map in AutoCAD which shows the
locations of all sidewalks in the project area owned by the City. The maps shall be developed
using the City's existing Atlas base maps provided in AutoCAD format.
Mathews Consulting shall provide the City with three (3) copies of the final report which shall
include project description, inventory forms, photo record, database printout, and final inventory
map.
Task 4- Coordination Meetings
A total of four (4) meetings are included with this proposal. The initial meeting shall be used to
establish lines of communication and responsibilities, identify critical issues and constraints, and
to develop a level of threshold for the field survey criteria. The project schedule, critical
decision points, and key review dates shall also be addressed. Subsequent project meetings shall
serve to present project status and to discuss and resolve any problems impacting completion of
the project. Mathews Consulting shall prepare a written summary of each meeting containing
key decisions and issues.
The scope of services described above is based upon the City providing the following services:
1. City shall provide to Mathews Consulting a map which shows the approximate
locations of all sidewalks.
2. City shall provide Mathews Consulting with the names of the areas that have
sidewalks that are maintained by Palm Beach County or are privately owned. The
areas known are: Military Trail, Atlantic Avenue (west of 1-95), S.R. A1A,
Federal Highway, Linton Boulevard, Lake Ida Road and Congress Avenue.
3. City shall provide Mathews Consulting with database.
Compensation for services shall be based on a lump sum method of payment.
MATHEWS
CONSULTiNG ~c.
Mr. Randal L. Krejcarek, P.E.
May 29, 1998
Page 3 of 3
Task Lump Sum
Task 1: Principal - 120 hrs. ~ $75.00/hr. $9,000
Task 2: Data Analyst - 60 hrs. ~ $30.00/hr. $1,$00
Task 3: Principal--' 16 hrs. ~ $75.00/hr. $l,200
CADD Designer- 60 hrs. ~ $30.00/1u'. $1,800
Subtotal: $3,000
Task 4: Principal - 12 hrs. ~ $75.00/hr. $900
Total $14, 700
Proposed Schedule
The project schedule is summarized below:
Working Days
from Notice to
Task Proceed
Task 1: Sidewalk Inventory 20 days
Task 2: Data Input 35 days*
Task 3: Inventory Map and Final Report 50 days
Task 4: Coordination Meetings. Ongoing
* Based upon City providing working database within 20 working days from Notice to Proceed.
I hope this proposal meets with your approval. If you have any questions or need additional
information, please let mc know.
Very truly yours,
MATHEWS CONSULTING, INC.
Rene L. Mathews, P.E.
President
C: Prospective
, IDEWALK INVENTORY FORI
FIELD INSPECTOR. DATE
LOCATION.'
STREET NAME,
BEGINNING ST. ENDING ST.
SIDE OF STREET N E S W
ATLAS SHEET NUMBER
CHARACTi[i~ISTICS; .... .. , . ,
MATERIAL PAVER~ CONCRETE , ASPHALT OTHER~
AVERAGE WI DTH
AVERAGE DISTANCE FROM EDGE OF PAVEMENT OR BACK OF CURB
FEATURE~
CURBING YES NO
TYPE OF CURBING 'D' ~ 'F' ~ VALLEY ~
ACCESSIBLE ~ BEGINNING ST. YES.~ NO .... ENDING ST. YES , NO .....
SURFACE CONDI.TIONS
a.) CRACKING YES, NO
Comments:
b.) GAPS (missing sidewalk) YES NO ,, ,
Comments:
C.) SUBSIDENCE/LIFT) YES NO ,
Comments:
d.) OBSTRUCTIONS YES,, , NO
Comments:
e.) OTHER (under-mining, etc..,) YES. NO
Comments:
CORPORATE ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this? ;-"/O"day of
k~~~'/' ,1998, by. Rene i. Mathews, President .(name of officer
/
or agent, title of officer or agent), of Mathews Consult:lng, Inc. (state or
place of incorporation) corporation, on behalf of the corporation.
He/She is (personally known to me) (or has produced identification) and has used
his/her ,,'~'-/~/,,d_//_,,'/~ .....~,~3z ~,'~,~ ~ //d£/~',ft. (type of identification) as
identification.
Signat/ure of Person Taking
Acknowledgment ~'{~.... IvOry. Ellen Anderson
=*:
..~ ~.. ~ 7, 2002
Name of Acknowledger Typed,
Printed or Stamped
(If Corporation)
STATE OF FLORIDA )
) ss
COUNTY OF )
Palm Beach )
I HEREBY CERTIFY that a meeting of the Board of Directors of Mathews
'Consulting, -Inc. , a corporation under the laws of the State of
Florida held on January 28 , 19 98 the following
resolution was duly passed and adopted:
"RESOLVED", that Rene L. Mathews , as
President of the corporation, he/she is hereby authorized to execute the
Agreement dated ,19 , between the City of Delray
Beach, Florida and this corporation, and that his execution thereof, attested by
the Secretary of the Corporation and with corporate seal affixed, shall be the
official act and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the corporation this ~O'+*'day of '~"-~¢~. ,19A~ g .
(Secretary)
(Seal)
INSURANCE REQUIREMENTS
A. GENERAL
During the term of the contract with the City, the contractor shall procure and maintain
insurance of the types and the limits specified in paragraphs (1) to (4) inclusive below.
B. COVERAGE
Except as otherwise stated, the amounts and types of insurance shall conform to the following
minimum requirements:
1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in
compliance with the applicable State and Federal Laws. In addition, the policy must
include Employer's Liability with a limit of $100,000 each accident.
2. Comprehensive General Liability - Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General Liability Policy flied by
the Insurance Services Office and must include:
3. Business Auto Policy: Coverage must be afforded on a form no more restrictive than
the latest edition of the Business Auto Policy filed by the Insurance Service Office and
must include:
a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability.
b) Owned Vehicles.
c) Hired and Non-Owned Vehicles
d) Employer Non-Ownership.
4. Certificate of Insurance - Certificates of all insurance evidencing the insurance
coverage specified in the previous Insurance Administrator prior to commencement of
work. The required certificates of insurance shall not only name the types of policies
provided, but shall also refer specifically to this bid and section and the above
paragraphs in accordance with which such insurance is being furnished and shall state
that such insurance is required by such paragraphs of this contract. The successful
bidder will include the City of Delray Beach as additional insured. If the initial insurance
expires prior to the completion of the work, renewal certificates shall be furnished thirty
(30) days prior to the date of expiration. Also, under the Cancellation section of the
Insurance Certification the words "endeavor to" and "but failure to mail such notice shall
impose no obligation of liability of any kind upon the company, its agents or
representative" shall be crossed out as indicated on the attached "sample of Insurance
Certificate".
'Note: See "Sample Of Certificate of Insurance" for example format.
.JAlexancler & At~xander. Inc. , . DOF.~OT _..A~.L-'*L'TJ~ORA/.T-j:.R~COVF--R~
i.I~O~OiS..F~. 97~.n. Ave. POI.4C'ZF~ B~LOW.
~ CO~~ ~O~G CO--GE
~ ~ NATIOHAL UNION FIRE
...... ~e~ ~ ~NS. ~. OF THE ~ATE OF
A I * ~ A~O 061~0/96 06/]019T ~ff $ 1 ,OOO,OOO
~-- P~YSZ~L
· ~T%~ IN THE ~ATE OF FL~IOA.
:RE: PRO~E~ 96-17~ 1~6 R~RFACZ~G P~OJECTS ~S ~: 7~6. TNE
DRUG FREE WORKPLACE CERTIFICATION
If identical tie bids exist, preference will be given to the vendors who submits a certification with their
bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes.
The drug-free workplace preference is applied as follows:
IDENTICAL TIE BIDS:
Preference shall be given to businesses with drag-free workplace programs. Whenever two or more bids which
are equal with respect to price, quality, and service are received by the State or by a.ny political subdivision for
the procurement of commodities or contractual services, a bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie bids will be followed if none of the tied vendors have a drug flee workplace
program.
As the person authorized to sign this statement, I certify that this fm-n complies fully with the following
requirements:
I) This firm publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
3) This firm gives each employee engaged in providing the commodities of contractual services, that are under
bid, a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5) This firm imposes a sanction on or requires that satisfactory participation in a drag abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who is so
convicted.
6) This firm will continue to make a good faith effort to maintain a drug-free workplace through
implementation of this section.
CERTIFICATE OF EXEMPTION OF COVERAGE UNDER STATE USE ONLY
WORKERS' COMPENSATION LAW ,. :-.:: ~
1AIL TO: Department of Labor & Employment Security POSTMARK DATE
Bureau of W.C. Compliance
100 Forrest Building
2728 Centerview Drive
Tallahass. ee, Florida 32399-0661
PLEASE TYPE OR PRINT:
RE:
(Print Name of Corporation) ..) PLEASE FILE .~EPARATE FORM FOR EACH CORPORATION
DBA
(Street) (City) (Ststs)
Federal Employer Identification Number {~
As of 12:01 a.m. 30 days following the date of the mailing of this form, you are hereby notified that I/we, the
undersigned officer(s) of the above named corporation, do hereby elect to be exempt from coverage under the
Florida Workers' Compensation Act. We understand that those officers bearing the Corporate Title of President,
Vice-President, Secretary or Treasurer are eligible for exemption.
Signature ~ X.'-'~~ Date (¢-o~,-¢]~:) STATE USE ONLY
Type/Print Name ~'~Cr~& L.. k'OC~.-)'~-~Lxj~ Title PC-~,~;C~"~¢'¥'- EFFECTIVE:
Signature Date
Type/Print Name Title
Signature_ Date
Type/Print Name Title
Signature Date
Type/Print Name Title __
Mail original to the address shown above. Complete coverage information re-
quested below.
ACKNOWLEDGED:
DATE:
Policy Number ~"¢~:~¢'.....~0~J'cl Effective Date z~--IO- c~ 8 ....
Address__(' SO...4.J- ~
LES Form BCM.207 (Rev. 3/90)
[:lTV DF DELRII¥ BEll[Il
CITY ATTORNEY'S OFFICE ~:'"' '~'~ ~ '~'" ~:*~""' ~-~"~~' ~ ~'~:~' ~'-~ ~""
~.,\C-~. ~'~ ~iAi -~,:; ? ~?: ~ 755 Writer's l)irecl Linc: (561) 243-7091
p~LRoAY~ S,E^~q
Ali. America City M E M ORAN !) U M
1993 TO: City Commission _.~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Agreement with Chris Evert Charities, Inc.
Attached please find a proposed agreement between the City and Chris Evert Charities, Inc.
that provides for a tennis tournament to be held at the Municipal Tennis Center during the
month of October, starting this year and continuing until the year 2000.
By copy of this memorandum to David ttarden, City Massager, our office requests that this
Agreement be placed on the July 7, 1998 City Commission agenda. Please call if you have
any questions.
cc: David T. Harde~}, City Manager
Susan A. Ruby, City Attorney
Alison Harry, City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this __ day of ., 1998
by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation
(hereinafter referred to as "City"), and CHRIS EVERT CHARITIES, INC., (hereinafter
referred to as "Charities").
WI TNE S SETH:
WHEREAS, the CITY owns and controls certain property upon which is located the
City of Delray Beach Municipal Tennis Center; and,
WHEREAS, CHARITIES, is desirous of using the Municipal Tennis Center for the
purpose of holding a sporting event to be known as the Chris Evert Pro-Celebrity Tennis Classic
("Classic") at the Tennis Center; and,
WHEREAS, the CITY believes that holding the Chris Evert Pro-Celebrity Tennis
Classic at the Municipal Tennis Center (the Site) will grant the citizenry of Delray Beach many
tangible and intangible benefits; and,
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
1. LICENSE: TERM.
The CITY hereby grants to CHARITIES for October 24 and October 25, 1998 and
similar dates for 1999 and 2000, the right and privilege to stage, use, manage and operate the
mnnicipal tennis stadium and necessary surrounding property for a two day Classic.
CHARITIES will notify the CITY oft he exact dates for the 1999 and 2000 years at least 120
days in advance of the dates or as soon as practicable. CHARITIES' rights shall cover an addi-
tional five (5) day period before the commencement of the Classic to set up necessary facilities
and an additional day after the Classic to remove necessary facilities.
2. LICENSE AGREEMENT ONLY.
This agreement between the CITY and CHARITIES is a license agreement, not a lease
or purchase agreement, and should be construed by a court of competent jurisdiction to be a
license agreement only. Furthermore, this License Agreement does not grant nor is
CHARITIES receiving hereunder any rights to any real property of the CITY nor any property
interests except as set forth in this agreement.
3. FACILITIES AND SERVICES PROVIDED BY CITY.
(a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to
provide, at no charge to CHARITIES the following facilities and production assistance in
connection with the conduct of and staging of the Classic:
(i) use of a 4,000 seat stadium court and three (3) practice courts throughout
the Classic (the "Courts");
(ii) use of a mutually agreed upon number of courtside boxes and skyboxes;
(iii) preparation and maintenance of the Courts throughout the Classic;
(iv) television tower and platform and all necessary electricity to provide
power to the tower and platform throughout the Classic;
(v) a public address system;
(vi) nets, net posts, single sticks, an umpire's chair, linepersons chairs, skirted
tables, end and side line buntings, numbered seating, and box seat
dividers;
(vii) parking for boxholders, players, sponsors, ticketholders, press, staff, and
volunteers (CHARITIES to implement, manage and staff parking,
including reserved areas);
(viii) all electrical power and one on-site electrician (all costs and expenses are
CITY'S responsibility) for the duration of the Classic (hook-ups not
included);
2
(ix) adequate space for and operation of concessions, retail booths, etc.
(CHARITIES shall place and operate the concessions and retain all
revenues from its concessions and retail booths);
(x) restroom facilities and supplies;
(xi) additional courts for pro-am, clinics, etc., as mutually agreed;
(xii) the use of areas for celebrities, press, press interview, tournament staff,
volunteers, ballkids, officials, ticket office, and VIP hospitality and the use
of locker rooms, as mutually agreed. Areas should include tables, chairs,
furniture and air conditioning, as mutually agreed;
(xiii) on and off-site directional signage;
(xiv) all necessary permits;
(xv) adequate assistance with on-site security including security for the
celebrities, ticket office, and press area;
(xvi) adequate police, fire support and traffic control;
(xvii) teaching professionals to assist with tennis and golf pro-ams held in
connection with the Classic;
(xviii) mutually agreed upon marketing and sponsorship support of the Classic;
and
(xix) access to utilities to include but not be limited to water/sewer,
electric/lighting.
(xx) CITY to provide parking for boxholders, players, sponsors, ticketholders,
press, staff, and volunteers (CHARITIES to implement, manage and staff
parking, including reserved areas).
(b) During the term of this Agreement (defined below) CITY agrees to make a
contribution to CHARITIES in the following amounts with respect to each Classic:
(i) Year Contribution Amount Due Due Date
1998 US$25,000 $12,500 Upon the Execution and
Delivery of this Agreement
$12,500 October 1, 1998
3
1999 US$27,500 $13,750 April 1, 1999
$13,750 October 1, 1999
2000 US$30,000 $15,000 April 1, 2000
$15,000 October 1, 2000
(ii) If CHARITIES fails to hold the Classic in any year, CHARITIES will
refund to the CITY its contributions.
4. STAGING AND PRODUCTION OF CLASSIC.
The organization, staging, and conduct of each Classic will be the responsibility of
CHARITIES, which responsibilities shall include the following:
(a) Handling ticket sales;
(b) Obtaining a Classic Directory all personnel involved in each Classic, and the
Classic participants;
(c) Administering the entire Classic;
(d) Setting up each Classic on site and handling all on-court activities of the Classic;
(e) Soliciting sponsorship sales and television rights sales for each Classic;
(f) Handling promotions, advertising, sales, public relations, and program production
for each Classic;
(g) Liaising with the charity beneficiaries selected by CHARITIES for each Classic;
(h) CHARITIES is responsible for site clean-up of restrooms and for garbage pick-
up;
(i) CHARITIES is responsible for covering courts if VIP tents are to be set up or if
needed to cover courts used for contents; and
(j) CHARITIES shall pay for all dumpsters needed for the event.
4
5. ACKNOWLEDGMENT BENEFITS.
In acknowledgment of the services provided by the CITY in Paragraph 3 hereof,
CHARITIES agrees that CITY will have the following acknowledgment rights in relation to the
Classic, subject to the provisions of this Agreement:
(a) Recognition of Tennis Center as the Host Site of the Classic;
(b) Inclusion of CITY'S name and/or logo in all print, radio, and television
advertising created by CHARITIES to promote the Classic;
(c) Inclusion of CITY'S name on the front cover of all promotional materials created
and distributed by CHARITIES;
(d) Inclusion of CITY'S name in all press materials;
(e) One (1) full-page promotional acknowledgment in the Official' Classic Program
(CITY to provide camera-ready copy in advance of publication deadlines) and
listing on the program cover;
(f) Audio and graphic mentions during the telecast and best efforts to create overview
shots of Delray Beach in the opening of the broadcast;
(g) Eight (8) box seats and ten (10) tickets per session;
(h) Thirty-Two (32) invitations to the Chris Evert cocktail reception;
(i) Four (4) seats at the Chris Evert Black-Tie Gala;
(j) Two (2) center court banners (to be provided by CITY at its sole expense and
subject to the prior approval of CHARITIES);
(k) Use of booth space on-site for promotional purposes (with all material subject to
the prior approval of CHARITIES);
(1) Special ticket offer for residents of the Tennis Center to attend the Classic;
(m) Participation of crrY in press conferences for the Classic; and
(n) Participation in center court awards ceremony.
6. CLASSIC EXPENSES AND REVENUES.
(a) CHARITIES shall be responsible for collecting all revenues generated by, and
paying all expenses incurred for, the Classic, except for those expenses associated with CITY'S
obligations set forth herein.
(b) CITY acknowledges that CHARITIES will not pay CITY for any expense
incurred by CITY in conjunction with the Classic unless CITY has submitted a written estimate
of such expense to CHARITIES and obtained written approval from CHARITIES of such
expense in advance.
7. FORCE MAJEURE.
If CHARITIES or the CITY is prevented from or interfered with in any manner
whatsoever in fully performing its agreements (including its ability to conduct the Classic(s))
hereunder, for any reason beyond its reasonable control such as any law, regulation, act of God,
earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of a
common carrier (the foregoing all being examples of an "event of force majeure"), then
CHARITIES' and the CITY'S obligations hereunder will be suspended as often as any such
event of force majeure occurs and during such occurrences, CHARITIES' and CITY'S
nonperformance will not be deemed a breach of this Agreement.
8. AUTHORIZED AGENT.
CHARITIES hereby designates International Merchandising Corporation, 1730 Walton
Road, Suite 300, Blue Bell, Pelmsylvania 19422, Attn: Barbara Perry, as CHARITIES'
authorized agent for all purposes hereunder. All notices or submissions to be made or delivered
by CITY to CHARITIES pursuant to this Agreement shall be delivered to said address free of
all charges, such as, for example, shipping charges and customs charges.
9. TAXES.
CHARITIES shall be liable for any and all taxes which are or may be imposed as a
result of this agreement. Taxes shall be paid to the appropriate authority and including, but not
limited to, sales and use tax.
10. PROOF OF INSURANCE.
CHARITIES shall provide the CITY with proof of insurance being in force. The type
and quantity of insurance is more particularly set forth in Exhibit A to this agreement. Proof of
such insurance shall be due by September 15, 1998. The insurance shall name the CITY and its
designee as additional insured.
11. FINANCIAL RESPONSIBILITY.
CHARITIES agrees, subject to the provisions of this Agreement, to accept all financial
responsibilities for the Classic including, but not limited to, all accounting and reporting as may
be required by law. CHARITIES, INC. further agrees to accept sole responsibility for any
financial commitments or obligations it incurs as a result of the Classic, and which are not
provided for in this Agreement.
12. OTHER SERVICES AND SUPPLIES.
CHARITIES further agrees that all services and supplies not specifically identified
herein as an obligation of CITY, shall be provided by or through CHARITIES.
13. CONCESSION RIGHTS OF CHARITIES.
CHARITIES may sell food, beverages, confections, refreshments and novelties or may,
subject to approval by CITY, contract with another to provide such service except that
CHARITIES will not offer for sale items that are prohibited by the CITY'S agreement with
Coca-Cola of Florida or any other vendors, companies or entities that the CITY may have an
agreement with and would be prohibited by the terms of the agreement from allowing
CHARITIES to sell certain food, beverages, confections, refreshments and novelties.
In providing the concession service, CHARITIES or any person, firm, or corporation
with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall
comply with the following provisions provided, however, that CHARITIES shall remain
ultimately responsible to CITY for all obligations required of the concessionaire:
a. Concessionaire shall, prior to commencing any activities, obtain any and
all permits and licenses that may be required in connection with the operation of this
concession.
b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for
sale shall be first class and quality, in accordance with the Department of Health
requirements, shall conform to all federal, state, county, and municipal laws, ordinances
and regulations in all respects.
c. Concessionaire shall have the option to sell beer and wine at the Tennis
Center. The sale of other alcoholic beverages is prohibited. Sale of beer and wine must
comply with all federal, state, county, and municipal laws, ordinances and regulations and
must be properly licensed by the State of Florida.
d. Concessionaire may, at its expense, furnish additional equipment and
fixtures to be utilized in the concession. Concessionaire shall submit plans and speci-
fications concerning fixtures and equipment to CITY for approval prior to installation of
any items. For the purpose of this Agreement, "fixture" shall be defined as anything
annexed or affixed to a building or structure or which appears to be so affixed or annexed,
regardless of whether it is capable of being removed.
e. The Concessionaire shall provide all maintenance, repair and service
required on all equipment used on the concession.
f. Concessionaire shall keep all fixtures, equipment and personal property,
whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall
cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by
CITY. All state health laws and state health department regulations must be strictly
complied with. All janitorial services necessary in concession area shall be provided by
Concessionaire at Concessionaire's expense.
g. Concessionaire agrees to dispose of all refuse and garbage, in compliance
with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to
keep outside container areas cleaned at all times.
h. If the concession is operated by a person, firm or corporation other than
CHARITIES, such person, firm, or corporation shall at all times maintain workers'
compensation insurance coverage for all employees which it employees within the areas
and facilities covered by this Agreement, together with the policy or policies of public
liability and products liability insurance and provides limits of at least One Million
($1,000,000.00) Dollars /hr combined single limit coverage; provide liquor liability
insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire
legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such
policies shall provide that they will not be cancelled or amended without at least ten (10)
days written notice to the Risk Manager of CITY and shall name CITY, its officers,
agents and employees as additional insured.
14. ACCEPTANCE OF TOURNAMENT SITE.
Prior to the Classic, CHARITIES may inspect and examine the Site to determine that
said Site is in adequate and satisfactory condition for the uses contemplated. CHARITIES
assumes full responsibility and liability tbr all damages, losses and liability caused by conditions
on the Site, which arise once it commences use and occupancy of the Site, and which conditions
are caused by or result from the actions of or failure to act by CHARITIES, INC., its
employees, agents or representatives, or by the actions of or failure to act by exhibitors,
independent contractors, workers or invitees of CHARITIES while on the Site. CHARITIES
indemnifies and holds CITY harmless for any such claims unless such damage, loss or liability
was caused by conditions on the Site which are inherent in the structures involved, or the direct
result of CITY'S (including its employees and agents), negligence or misconduct.
CITY shall not be responsible for any damage or injury to, or personal conduct, safety
and welfare of CHARITIES, its employees, agents or representatives, or exhibitors, independent
9
contractors, workers, and invitees while on the premises and CHARITIES expressly
indemnifies, holds harmless and releases CITY from any and all such claims, damages, losses or
liability associated therewith, unless such claim, damage, or liability is the result of CITY'S
(including employees and agents) negligence or misconduct.
15. REPAIR. REPLACEMENT AND MAINTENANCE.
CHARITIES shall pay all costs for cleanup, repair and replacement and all damages of
whatever origin or nature, for which it is responsible, ordinary wear and use thereof only
excepted, which may occur during the term of this Agreement in order to restore the Site to a
condition equal to the condition at the time CHARITIES occupies the Site.
CHARITIES shall be responsible for clean-up of the Site during and after the Classic. If
at any time CITY determines that the clean-up services provided by CHARITIES are not
adequate or that said services endanger public health and safety, CITY shall notify CHARITIES
in writing, and if CHARITIES fails to clean up after receipt of written notification, CITY may
provide these services. CHARITIES shall reimburse CITY for the costs of providing these
services and for the actual costs of any supplies.
16. TICKET SALES.
All tickets for admission shall contain language approved by CITY establishing that the
tickets create a revocable license. Prior to the sale of any admission ticket, CHARITIES shall
provide City Manager or his designee with the established selling price of each type and kind of
ticket for his review and approval.
17. ADVERTISING MATTER.
CHARITIES agrees, subject to its rights, if any, under any applicable License
Agreements, to identify the City of Delray Beach as the site of the Classic in all publications,
advertising and any electronic broadcast it produces, and to permit CITY to use CHARITIES'
trademark or any trademark authorized to be used by CHARITIES, and CITY agrees to permit
CHARITIES to use the CITY'S name and logo and trademark during the term of this
10
Agreement solely in the connection with the Classic. CITY agrees that promotional material
created by CITY with regard to the Classic is subject to the approval of CHARITIES.
CHARITIES agrees that any material submitted by CITY will not be unreasonably
disapproved, and, if it is disapproved, that CITY will be advised of the specific grounds of the
disapproval.
All printed material and advertising matter to be used prior to or at the Classic which
include the name City of Delray Beach or its official seal shall be submitted to the City Manager
or his designee for his approval at least two (2) days prior to the proposed use of the same.
Approval shall not be unreasonably withheld by the City Manager or his designee. CITY agrees
that it shall always use the official name of the Classic as designated by CHARITIES and no
other name when making reference to the Classic in CITY'S promotional materials.
If CHARITIES is able to secure television coverage for the Classic, CHARITIES shall
ensure that any such television coverage of the Classic shall specifically mention the CITY as
the host in the opening of each and every broadcast. CHARITIES will provide CITY with an
overview of the City of Delray Beach.
18. EVENT PERSONNEL AND EOUIPMENT.
CHARITIES shall provide all personnel needed for the Classic, including, but not
limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands except as
otherwise set forth in Paragraph 3(a) or elsewhere in this Agreement.
19. POLICE AND EMERGENCY PERSONNEL.
CHARITIES agrees to make arrangements with the CITY Police Department to provide
for CITY police personnel which the CITY reasonably determines is necessary for the Classic.
Also, CHARITIES shall contact the CITY Fire Department to make arrangements for
Emergency Medical Technician personnel to be present at the Classic. CITY will provide such
personnel at CITY'S expense as set forth in Paragraph 3.
11
20. CITY'S RIGHT TO CONTROL PREMISES.
CITY at all times reserves the right to eject or caused to be ejected from the premises any
person or persons violating or to keep persons from violating any of the rules or regulations of
the Tennis Center or any city, county, state or federal laws, and neither CITY nor of any its
officers, agents or employees shall be liable in any manner to CHARITIES or its officers, agents
or employees for any damages which may be sustained by CHARITIES through the exercise of
this right by CITY.
21. ALCOHOLIC BEVERAGE LICENSE.
In the event an alcoholic beverage license is required, CHARITIES or its agents shall
apply for and obtain a temporary alcoholic beverage license from the State of Florida Department
of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic
beverages at the Site for the Classic. CHARITIES or its agents shall display said license in a
conspicuous place at the Site of the sale and/or distribution of the alcoholic beverages.
CHARITIES or its agents shall be solely responsible for timely reporting and remitting the
appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of
Alcoholic Beverages and Tobacco. CHARITIES or its agents shall strictly comply with all
rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the
State of Florida and any other applicable statutory and regulatory regulations.
22. VACATION OF CLASSIC SITE.
CHARITIES agrees to vacate the licensed Classic Site no later than one (1) day after the
completion of the Classic; to leave said Classic Site in a condition equal to that at the
commencement date CHARITIES occupies the Classic Site each year, ordinary wear and use
thereof only excepted, and that CHARITIES shall remove from the Classic Site within five (5)
days following the closing of the Classic, all material and equipment owned by CHARITIES.
12
23. NON-DISCRIMINATION.
A. That CHARITIES for itself, its personal representatives, successors in interest,
assigns subcontractors, and sublicensees, as a part of the consideration hereof, does hereby
covenant and agree that:
1. No person on the ground of race, color, national origin, age, or sex shall be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
2. That in the construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the ground of race,
color, national origin, age, or sex shall be excluded from participation in,
be denied the benefits of, or otherwise be subject to discrimination.
3. That CHARITIES shall use the premises in compliance with all other
requirements imposed or pursuant to Title 45, Code of Federal
Regulations, Article 80, Non-discrimination under programs receiving
Federal Assistance through the Department of Health, Education and
Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
B. That in the event of a proven breach of any of the above non-discrimination
covenants, the CITY shall have the right to terminate the license and to take possession of said
facilities and hold the same as if said license had never been made or issued. This provision shall
not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are
followed and completed including exercise or expiration of appeal rights.
C. CHARITIES shall not discriminate against any employee or applicant for
employment to be employed in the performance of the contract with respect to hiring, tenure,
terms, conditions or privileges of employment, or any matter directly or indirectly related to
employment because of age, sex, physical handicap (except where based on a bona fide
occupational qualification); or because of marital status, race, color, religion, national origin or
ancestry.
13
24. CHANGE IN LAW.
During the term, the CITY reserves the right to restate and/or renegotiate with
CHARITIES such additions, deletions or changes to the license as may be necessitated by
changes in county, state or federal laws relating to the operation of the Municipal Tennis Center.
In the event that the CITY and CHARITIES are unable to reach a mutual agreement on any
such addition, deletion or change, that portion of the contract concerning the services involved in
the addition, deletion or change shall be terminated or eliminated.
25. CANCELLATION BY CITY.
The occurrence of any of the following cause this Agreement to be automatically
terminated:
A. Institution of proceedings in voluntary bankruptcy by CHARITIES.
B. Institution of proceedings in involuntary bankruptcy against CHARITIES if such
proceedings lead to adjudication of bankruptcy and the CHARITIES fails within ninety (90)
days to have such adjudication reversed.
The CITY shall have the right, after fourteen (14) calendar days written notice sent by
registered or certified mail to CHARITIES specifying the amount of payment(s) in default, to
terminate this Agreement whenever the non-payment of any sum or sums due hereunder
continues for a period of ten (10) calendar days after the due date for such payments; provided,
however, that such termination shall not be effective it' CHARITIES makes the required
payment(s) during the fourteen (14) calendar day period following receipt of the written notice.
26. DEFAULT BY CHARITIES.
The CITY may terminate this Agreement for cause upon CHARITIES' failure to
perform any of the terms and conditions of this Agreement and such failure in performance not
remedied by CHARITIES within thirty (30) days after receiving notice in writing of such
default or in cases where remedial measures may take longer than thirty (30) days, satisfactory
remedial action must begin and be consistently undertaken within thirty (30) days after receiving
notice in writing stating the nature of the failure of performance and the CITY'S intention to
14
terminate if not corrected and which remedial measures must be completed within a reasonable
time set forth in the notice from the CITY.
27. DEFAULT BY CITY.
CHARITIES may terminate this Agreement for cause upon CITY'S failure to perform
any of the terms and conditions of this Agreement and such failure in performance was not
remedied by CITY within thirty (30) days after receiving notice in writing of such default, or in
cases where remedial measures may take longer than thirty (30) days, satisfactory remedial
action must begin and be consistently undertaken within thirty (30) days after receiving notice in
writing stating the nature of the failure of performance and CHARITIES' intention to terminate
if not corrected and which remedial measures must be completed within a reasonable time set
forth in the notice from CHARITIES.
28. NOTICES.
Any notices submitted or required by this Agreement shall be sent by registered or
certified mail and addressed to the parties as follows:
To the City: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To CHARITIES: International Merchandising Corporation
Re: Chris Evert Pro-Celebrity Tennis Classic
1730 Walton Road, Suite 300
Blue Bell, PA 19422
Attn: Barbara Perry
or to such other addresses as either party may designate in writing.
29. INTERPRETATION.
This Agreement constitutes the entire Agreement between the parties with respect to
subject matter hereof and supersedes all prior verbal or written agreements between the parties
with respect thereto. This Agreement may be amended only by written document, properly
15
authorized, executed an delivered by both parties hereto. This Agreement shall be interpreted as
a whole unit and sections headings are for convenience only. All interpretations shall be
governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any
other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the
entire Agreement.
30. INDEMNIFICATION.
(a) To the fullest extent permitted by laws and regulations, CHARITIES agrees to
indemnify, save and hold CITY, its officers, agents and employees, harmless from any and all
claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature
whatsoever which may arise out of, in connection with, or because of the use, maintenance, or
operation of the licensed facilities, including but not limited, to the exterior facilities and
grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by CHARITIES
· or its officers, agents, employees, or independent contractors, and invitees including but not
limited to those resulting from or arising out of (a) by any act done or words spoken by
CHARITIES, its players, agents or employees; (b) any damage done to the premises or any part
thereof caused by the act or omission of either CHARITIES or any player, agent or employee of
CHARITIES; or (c) any breach or alleged breach of any warranty undertaken by CHARITIES
in this Agreement. CHARITIES shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection therewith, including but not limited to reasonable attorney's
fees and costs to defend all claims or suits, in the name of CITY when applicable.
(b) CHARITIES agrees to defend all actions to which this Paragraph 30 applies, in
the name of CITY provided, however, that CITY reserves the right to select its own legal
counsel to conduct any defense in any such proceeding which selection shall be reasonable under
the circumstances. All costs and fees associated therewith shall be the responsibility of
CHARITIES under this indemnification agreement.
(c) Such indemnification shall be limited to the amount of commercial general
liability insurance which CHARITIES is required to obtain under this License Agreement.
(d) Nothing contained herein is intended nor shall be construed to waive CITY'S
rights and immunities under the common law or Section 768.28, Florida Statutes, as amended
16
from time to time. The provisions of this Section shall survive the execution, delivery and
performance of this Agreement.
31. PERSONAL PROPERTY.
CITY assumes no responsibility whatsoever for any property placed on the Site by
CHARITIES, its agents, employees, representatives, independent contractors or invitees. CITY
is hereby expressly released and discharged from any and all liabilities for any loss, injury or
damage to such property that may be sustained by reason of the use and occupancy of the Site
under this Agreement, unless such damage, loss or liability is caused by CITY'S (including
employees and agents) negligence or misconduct.
32. INDEPENDENT CONTRACTOR STATUS.
CHARITIES and its employees, volunteers and agents shall be and remain an
independent contractors and not agents or employees of CITY with respect to all of the acts and
services performed by and under the terms of this Agreement. This Agreement shall not in any
way be construed to create a partnership, association or any other kind of joint undertaking or
venture between the parties hereto.
33. ...WARRANTY.
Except as otherwise provided for herein, the CITY and CHARITIES represents that they
have, to the best of their knowledge and belief, has all rights and authority necessary to fulfill the
obligations hereunder without breaching the terms of any other agreement to which either
CHARITIES or CITY is a party.
34. ASSIGNMENT.
This Agreement shall bind and inure to the benefit of CHARITIES and the successors
and assigns of CHARITIES. The rights granted CHARITIES hereunder shall be exclusive to it
and shall not, without the prior written consent of CITY, be transferred or assigned to any other.
17
35. RESERVATION OF RIGHTS.
All rights not herein specifically granted to CHARITIES with respect to the Classic shall
be and remain the property of CITY.
36. ENTIRE AGREEMENT.
This Agreement constitutes the entire Agreement between CITY and CHARITIES in
respect to the subject matter of this Agreement and supersedes all prior agreements.
37. EXECUTION AND .DELIVERY REQUIRED.
This instrument shall not be considered to be an agreement or contract, nor shall it create
any obligation, whatsoever, on the part of CHARITIES or CITY, or either of them, unless and
until it has been signed by representatives of CHARITIES and CITY and delivery has been
made of a fully-signed original.
38. CHARITIES' TAX-EXEMPT STATUS.
All activities and operations of CHARITIES will be consistent with an organization
which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code, by
virtue of being an organization described in Section 501 (c)(3) of the International Revenue Code.
To conflict with CHARITIES' tax-exempt organization, such obligation is hereby waived by
CITY and shall not be binding upon CHARITIES. In the event any obligation to CITY is
waived on account of the foregoing sentence, suitable alternative arrangements, consistent with
CHARITIES' tax-exempt status, will be made so as to avoid any inequity to CITY.
IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart,
both of which shall constitute originals, to be executed by its proper officers hereto duly
authorized on the year and date first above written.
18
WITNESS: CHRIS EVERT CHARITIES, INC.
By:
Name Printed:
Title:
(print or type name)
SEAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of
., 1998 by , of CHRIS EVERT
CHARITIES, INC., a corporation, on behalf of the corporation. He/She is
personally known to me/or has produced (as identification.
Signature of Notary Public
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
City Attorney
evenalt.agt
rev. 7/2/98
19
I:ITY OF OELRI:IY BEI:II:H
CITY ATTORNEY'S OFFICE ~oo ~,~ ~^v~. ~,~,^¥ ~,~., ~o.~^
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
lll.tamiea Cit't MEMORANDUM
~ll[ll'lrDATE: July 1, 1998 ~ .
1993 ~'~
TO: David Harden, City Manager
Robert Barcinski, Assistant City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Pro-Celebrity Agreement
Attached please find a marked redraft of the agreement between Chris Evert Charities
and the City of Delray Beach for your information.
SAR:ci
Attachment
even.sar
JUN-30-98 TUE 14:4~ P, O1
MEMORANDUM
IMG
DATE: [Ull¢ 30, 1998
TO: Susan Ruby
~rahm Dubin
FROM: 3arbara Perry
RE: 'to-Celebrity Agreement
Attached is a marked redraft of the agreement between Chris Evcrt Charities and the City of
Delray Bea
Thanks yor for your consideration.
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DELR~ BEACH
1993
Mr. Burr Aaronson
Chairman
Board of County Commissioners
301 North Olive Avenue
West Palm Beach, FL 33401
Re: Resolution No. 42-98 (Lake Ida Road Wideninq)
Dear Commissioner Aaronson:
Enclosed is a copy of Resolution No. 42-98 which was passed and
adopted by the Delray Beach City Commission on July 7, 1998. It
supports Palm Beach County's proposal to four-lane Lake Ida Road
between Congress Avenue and Military Trail, with certain
qualifications.
Resolution No. 42-98 supports the four-laning provided the County
works cooperatively with City staff in the design of the roadway,
including landscaping, medians and traffic calming measures which
may be appropriate to mitigate the impact the widening will have
on adjacent residential properties. It also provides that the
City's support is with the understanding that densities in the
western areas affecting this road would be held at low densities
(3 to 5 dwelling units per acre).
Your serious consideration of Resolution No. 42-98 is greatly
appreciated. If you have any questions or need additional
information, please do not hesitate to contact me at
561/243-7050.
Sincerely, _
Alison MacGrego~ Harty
City Clerk
AMH/m
Enclosure
cc: Board of County Commissioners
Robert Weisman, County Administrator
David T. Harden, City Manager
THE EFFORT ALWAYS MATTERS
Pnnted on Recycled P&-'~;
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'I
SUBJECT: AGENDA ITEM # ¢I~- REGULAR MEETING OF JULY 7, 1998
RESOLUTION NO. 42-98 (LAKE IDA ROAD WIDENING)
DATE: JULY 2, 1998
This is before the Commission to consider a resolution in support of
the County's proposal to four-lane Lake Ida Road between Congress
Avenue and Military Trail, with certain qualifications.
Attached is a copy of the July 16th minutes where this was discussed,
along with a copy of Commissioner McCarty's correspondence. As
currently drafted, the resolution supports the four-laning provided
the County works cooperatively with City staff in the design of the
roadway, including landscaping, medians and traffic calming which may
be appropriate to mitigate the impact the widening will have on
adjacent residential properties. It also provides that the City's
support is with the understanding that densities in the western areas
affecting this road would be held at low densities (3 to 5 units per
acre) .
Recommend consideration of Resolution No. 42-98.
ref:agmemol5
RESOLUTION NO. 42-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, IN SUPPORT OF THE FOUR-LANING
OF LAKE IDA ROAD BETWEEN CONGRESS AVENUE AND MILITARY
TRAIL; REQUESTING COOPERATION FROM PALM BEACH COUNTY
AS TO THE ROADWAY DESIGN INCLUDING, BUT NOT LIMITED
TO, TRAFFIC CALMING MEASURES AS APPROPRIATE; AND
FURTHER REQUESTING THAT ZONING DENSITIES IN THE AREA
WEST OF THE CITY OF DELRAY BEACH ALONG THE LAKE IDA
ROAD CORRIDOR NOT BE INCREASED ABOVE THAT WHICH IS
CURRENTLY ALLOWED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, by
prior resolution, has requested the Palm Beach County Board of County
Commissioners not to include the four-laning of Lake Ida Road between
Congress Avenue and Military Trail in the County's Five Year Roadway
Improvement Plan; and
WHEREAS, the City Commission has conducted public hearings on
this matter for the purpose of obtaining input and testimony from the
citizens of Delray Beach; and
WHEREAS, the Palm Beach County Board of County Commissioners
has indicated that funding is available to allow the four-laning of this
segment of Lake Ida Road to be placed on the Five Year Roadway
Improvement Plan with construction scheduled to commence in the year
2001; and
WHEREAS, the Palm Beach County Board of County Commissioners
has determined it to be in the best interests of Palm Beach County to
widen the roadway; and
WHEREAS, the Palm Beach County Board of County Commissioners
has asked that the City review its position on this matter; and
WHEREAS, the City Commission finds that it may be in the best
interests of the citizens of the City of Delray Beach that Lake Ida Road
between Congress Avenue and Military Trail be four-laned, subject to
certain qualifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission will support the
four-laning of Lake Ida Road between Congress Avenue and Military Trail,
qualified as follows:
(A) That Palm Beach County shall consult with the City of
Delray Beach on the design and landscaping of the proposed four-lane
roadway, including traffic calming measures as appropriate in an effort
to mitigate the impact of the road widening on the residential
properties along this segment of the road, and that the possibility of
circular drives for properties which currently back out onto Lake Ida
Road as well as special assessment districts for the construction of new
s~division walls be considered as part of the roadway project.
(B) That the City Commission's support of this four-laning of
Lake Ida Road would be with the understanding that such four-laning
would not lead to approvals of increased densities in areas immediately
west of the City of Delray Beach.
Section 2. That this resolution shall become effective
immediately upon its passage.
PASSED AND ~OPTED in regular session on this the 7th day of
July, 1998.
ATTEST:
City Cl~k ~
- 2 - Res. No. 42-98
rather enforcement of the existing ordinance. The issue is being
looked at and a formal response will be forthcoming.
11.B.2. Alice Finst, 707 Place Tavant, stated she read in the
newspaper that County Commissioner McCarty had written a letter
to the City offering money to put in a third lane on Lake Ida
Road between Congress Avenue and Military Trail. She asked if
this was the case and that the Commission provide an update on
what is happening in this regard.
In response, Mayor Alperin stated he has had communica-
tion with Commissioner Aaronson and Commissioner McCarty concern-
ing the money that is available. The County Commission is
leaning strongly toward putting this widening project on their
road program in the 2003 fiscal year for construction. However,
they have basically offered the City three alternatives: (1) if
the City wants a three lane section, the County would construct
the road and immediately transfer maintenance responsibility of
the Military Trail to U.S. #1 segment to the City; (2) leave the
road as it is and transfer maintenance responsibility to the
City; or (3) allow the County to do the four-laning and the
segment will remain a County roadway. Mayor Alperin stated he
had made some inquiries about the plans for development of the
western areas along Lake Ida Road and found they are allowed
right now to build up to three units per acre with a request to
go to 3 to 5 units per acre, but the County could give up to 8
units per acre although the adjacent properties would probably
only justify 5 units per acre at most. Commissioner McCarty
indicated the emphasis would be on keeping the density down to
even three units per acre. Unfortunately, there is no guarantee
that this is what would happen but supposedly there is strong
support from Commissioners Aaronson and McCarty that they will do
all they can to keep the density under 5 units per acre. In any
event, he felt the City might have some recourse through the
Intergovernmental Coordination Issues Forum to protest any
densities higher than the surrounding areas which mostly average
about 4 units per acre.
Mayor Alperin continued that it is his understanding
that there may be enough money to do the whole segment to four
lanes, although he believes the money can only be used for road
construction and may not be available for traffic calming' mea-
sures. He has also been advised that the County's traffic
engineers would consult with City staff concerning construction
of the road in such a way that it would be designed with traffic
calming in addition to being widened.
In conclusion, Mayor Alperin stated the County wants a
response from the City in the form of a resolution as to the
Commission's position on this matter.
Discussion by the Commission followed, with the consen-
sus being that the City does not want to assume maintenance
responsibility for this segment of Lake Ida Road.
-11- 06/16/98
Mr. Randolph commented that if the City goes along with
the four-laning, a study should be done to check the condition of
our underground utilities in this area. If it looks as if there
is going to be additional infrastructure cost to the City because
of the road widening, perhaps the County could be asked to assume
this as part of their construction costs.
Mr. Ellingsworth indicated that at this point, with the
assurances from Commissioners Aaronson and McCarty on the density
issue, he was leaning toward the 4-lane option.
Mr. Schmidt commented that in the letter from Commis-
sioner McCarty, she states that if the County three-lanes the
road and turns the maintenance responsibility over to the City,
since it would then be considered a local road it would not
affect the County's concurrency standards and they could still
allow the development out west whether Lake Ida Road is a County
collector road or not. In response to his request for confirma-
tion of this statement, Paul Dorling, Acting Planning Director,
stated Commissioner McCarty is correct in this statement.
Mr. Egan commented that originally he felt that by not
going to four lanes maybe some of the development in the western
areas could be held back, but that is not the case. The County
has indicated that its staff would be willing to work with the
City as to the design of the road, landscaping, etc. While he
was not happy with the four-laning, he felt strongly that future
City Commissions could not be saddled with ownership of the road.
It was the consensus of the City Commission to direct
that a resolution supporting the four-laning, as qualified above,
be drafted for consideration at the next regular meeting.
11.B.3. Gerald DeFoe, resident of Country Manors, endorsed the
four-laning of Lake Ida Road provided medians are installed which
will help with the ingress/egress to the various developments
along this segment.
11.B.4. Jean Beer, 945 Tropic Boulevard, stated she has ar-
ranged with County Commissioner McCarty to have a meeting with
George Webb and any members of the Commission who would like to
attend on July 24, 1998, concerning traffic on Linton Boulevard
and Atlantic Avenue and the proposed changes to the 1-95 inter-
changes. It is P.R.O.D's opinion that the changes will only make
the traffic situation worse instead of better. Mrs. Beer stated
a concerted effort by the City and the County is needed to bring
about political pressure, including getting the involvement of
our state and federal legislators. The more the two interchanges
can be cloverleafed, the more the traffic problems on these two
major arteries can be alleviated. The time to bring the pressure
to get the changes is now and Mrs. Beer urged the City Commission
to support this effort.
-12- 06/16/98
.~...~-iO-i?~S 09:5s BOAR[, OF ,2,i -40? 355 3990
~ur[ A~onson. Ch~ ~obcn ~isnla]~, F~E.
MauVe ~ Le~, Vice
~n T. Magus
C~l A. ~b~
Warre~ H, NeweII
Mary McCart)'
Ken L.
June 9, 1998
The Honorable Jay Alperin
Mayor, City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Re: Lake Ida Road (Military Trail - Congress Avenue)
Dear Mayor Alperin:
The City Commission recently had a hearing regarding this length of roadway. I
understand from County Engineer George Webb that you had a significant amount of input
from the neighborhood, leading to a vote by the Commission to request the County
evaluate options for addressing the resident's concerns. The options were to specifically
not include the widening to a four lane divided roadway,
Mr. Webb has advised me that the main alternative involves providing a third lane in those
sections where left turn lanes do not exist, VVhile providing some added safety, this option
does very little to provide additional road capacity. This would mean the existing 1997
traffic volumes would not meet the County standard for a three lane road, in fact, the
standard would be exceeded by almost 35% at the eastern segment.
However, I understand that the City may want to consider this 3-1aning as a very viable
option. The problem for the County is that such construction would most likely not be
compatible for any future widening to a divided road, and could be considered a
"throwaway" project. As this 3-lane project could cost as much as $1 million, I am
concerned that this be a project that would be accepted and used for many, many years.
In order to work cooperatively on this issue, I would ask that you and the City Commission
entertain this as one option - with the understanding that if the City wanted such a three
lane section, the County would construct the road and immediately transfer maintenance
responsibility of the Military to U.S.1 segment, to the City. Lake Ida Road would then not
be considered for purposes of concurrency since city roads are not considered in the
concurrency formula.
','in £~,a! Opportum'..9, 4/~nnadv,r 4crmn
Box 1989 WeST i~,]m Beach. FL 5~40:Z- 1989 ($61) 355-2001 FAX: 15611355-5990
h~p:llwww, co.pal .us
m-bemc
h.fl
..... .?[ji]-iO-i.~.q~, 09:59 BOAR[~ OF_CC 40? ~55 5990 F'.O] 0--",
· _-i-he~Honoral~le ,lay/~,lper~n
J~ne 9, 1~98
P~ge 2
If the C~ believes that the three lane section is not a long term option, the County would
consider adding the widening to our Five Year Road Program in the 2003 fiscal year for
construction. This addition would be considered by the Board in the update to our Five
Year Road Program this fall (October/November). Lake Ida Road has the highest volume
to capacity ratio in the County and it has become necessary to either widen the road or
designate it a constrained facility. In either event, development would be allowed to go
forward.
Mr. Webb has indicated that many of the concerns addressed the ability to turn onto Lake
Ida Road from either a driveway or a side street and that residents requested traffic signals
at several locations. While we will review our most recent traffic counts, he advises me
that it is not likely that one or more traffic signals will meet our signal warrant criteria.
However, having the ability to protect the drivers with a median, allowing a two step
entering movement, would provide a safer situation when compared to the three lane
option.
I hope that you will ask the City Commission to address the three-lane option as soon as
possible so that we can begin to fund the needed improvements in our capital program.
Sincerely,
Corem s~ner, Distrit~dlV
Palm Beach County Commission
cc: David Harden, City Manager, Delray Beach
George T. Webb, P.E., County Engineer
G. Haney Frakes, P.E., Assistant County Engineer
Charles Walker, P.E., Director, Traffic Division
TOTAL F'.O~
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
/
FROM: ~ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - MEETING OF JULY 7, 1998
APPROVAL RESOLUTION NO. 43-98 AND SPECIAL EVENT
REQUEST - 21st ANNUAL ROOTS CULTURAL FESTIVAL
DATE: JULY 2, 1998
Action:
City Commission is requested to approve Resolution No. 43-98
supporting and endorsing the 21st Annual Roots Cultural Festival
to be held July 17th through August 9th, to authorize staff
support for security, set-up, clean-up, to authorize the use of
city facilities at no charge, to authorize the use of the city
stage from August 7th through August 9th, to allow merchants
along Atlantic Avenue to display the Roots flag, and to allow
event signage in the medians on Atlantic Avenue.
Backqround:
Attached is a request from Mr. Tommy L. Stevens, Chairperson for
the Roots Festival requesting a resolution to endorse and
promote the event, use of city facilities and equipment as
outlined, and City Parks and Recreation staff support and Police
staff support, also attached is a detailed schedule of events.
As in past years they are requesting no charges for Parks and
Recreation staff support. In past years Commission has
requested 50% payment of Police staff overtime, however this
year in the budget approval process Commission agreed to fund
Police overtime up to $6,000 verses a $2,000 cash payment to the
event.
Our Risk Manager and City Attorney are requesting that, if
approved, general liability insurance be provided which includes
athletic participant liability. This requirement will increase
their insurance costs.
Recommendation:
Staff recommends approval of Resolution No. 43-98, approval to
utilize city facilities and equipment at no charge, approval to
provide staff assistance with no charge for Parks and Recreation
staff overtime and approval of Police staff overtime of up to
$6,000 without charge, approval for the display of flags and
signage contingent on the Director of Community Improvement
final approval, and require the general liability insurance with
the athletic participation requirement.
RESOLUTION NO. 43-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS
CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF
THE TWENTY-FIRST ANNUAL "ROOTS CULTURAL FESTIVAL"
IN THE CITY OF DELRAY BEACH, FLORIDA, AND
RECOGNIZING THE 21ST ANNIVERSARY OF THIS CULTURAL
EVENT IN OUR CITY.
WHEREAS, the Roots Cultural Festival, Inc., is
sponsoring the Twenty-First Annual Roots Cultural Festival in
the City of Delray Beach from July 17th through August 9, 1998;
and
WHEREAS, the Roots Cultural Festival presents to the
community, state and nation a view of the rich cultural heritage
of the people of African ancestry in our city; and
WHEREAS, this festival was originally conceived by the
Jefferson Manor Homes Association in an effort to bring people
together to develop pride, respect and appreciation for their
community as well as the particular heritage which they bring to
the city; and
WHEREAS, the Roots Cultural Festival provides an
opportunity for exciting experiences for all, reminiscent of the
Bahamas, the West Indies, Haiti and other countries from which
people of African ancestry have come to Delray Beach; and
WHEREAS, the activities of the festival are to promote
math, language and communication development among our youth; to
promote physical fitness through sports tournaments; to promote
cultural enrichment and appreciation through exhibits, creative
dance and dramatic presentations; and
WHEREAS, 1998 marks the 21st Anniversary of the Roots
Cultural Festival, and it is appropriate that this year's theme
is "Celebrating the Principles of Kwanzaa All Year Long" which
emphasizes the role of the family and community in
African-American culture through the principles of unity,
self-determination, collective work and responsibility,
cooperative economics, purpose, creativity, and faith.
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 hereby supports the Roots Cultural Festival, Inc.
in their sponsorship of the 21st Annual Roots Cultural Festival
in the City of Delray Beach.
Section 2: That the City Commission hereby recognizes
the 21st Anniversary of the Roots Cultural Festival, and
commends its sponsors and supporters for holding this
significant cultural event in the City of Delray Beach.
PASSED AND ADOPTED in regular session on this 7th day
of July, 1998.
ATTEST:
City Cl~rk
-2- Res. No. 43-98
Roots Cultural Festival, Inc.
P.O. Box 2654 Delray Beach, Florida 3~.~.~. ®
June 8, 1998
The Honorable Jay Alperin, Mayor
City of Delray Beach
100 N.W. First Street
Delray Beach, Florida 33444
Dear Mayor Aiperin:
We are excited to announce the celebration of the 21st annual Roots Cultural Festival. It is
expected that this year's event will be very successful. On behalf of the festival committee
and the community, I thank the city of Delray Beach for its past support and participation.
We also appreciate the annual resolution in honor of our efforts to bring positive, cultural
activities to the youth and citizens of Delray Beach.
We are again requesting that a resolution be granted by the city commission sanctioning
the efforts of this organization through the support of the various municipal departments
by working closely with the Police, Parks and Recreations, and other departments. We are
certain that this event will bring positive recognition to our All America City.
The community enthusiastically looks forward to the festival each year. Through our
statewide contracts and national promotion we have helped cause the name of Delray
Beach to become synonymous with summer cultural experiences.
Attached, please find a copy of our schedule and support request list. We invite you and
the commissioners to some of the festivities which are planned for July 17th through
At, gust 9th.
Sincerely,
Tommy L. Stevens, Chairperson
cc: Commissioners
City Manager
SUPPORT LIST
1. POLICE SECURITY
2. THE CITY TO WAIVE THE FEE FOR THE RENTAL OF THE STAGE FOR
AUGUST 7th THROUGH SUNDAY, AUGUST 9th.
THE CITY TO ALLOW THE MERCHANTS ALONG ATLANTIC AVE. TO
DISPLAY THE ROOTS FLAG.
4. THE CITY TO WAIVE FEES FOR THE USE OF FACILITIES AND STAFF FOR
ALL ACTIVITIES SCHEDULED AT POMPEY PARK AND APPROPRIATE CITY
FACILITIES.
5. THE CITY TO ALLOW ROOTS SIGNAGE IN THE ATLANTIC AVE. ISLANDS.
ROOTS CULTURAL FESTIVAL PROPOSED ANNUAL BUDGET
l. Revenue:
Corporate $3,500.00
County Government $16,000.00
Foundation Grants $10,000.00
Other Private Support $9,395.00
Golf Tournament $8,000.00
Tennis Tournament $6,000.00
Basketball Tournament $8,000.00
T-Shirts $5,000.00
Concessions $8,000.00
Souvenir Book $5,000.00
Total Revenue $78,895.00
H. Expenses:
Cultural Entertainment $23,450.00
Scholarships for Academic
Component $13,000.00
Sound & Lighting System
(Indoor & Outdoor $12,445.00
Rental of Vehicles for logistic $3,000.000
Cost for Booth Construction $4,000.00
T-Shirts for Volunteers $900.00
Port-A-iets/Dumpsters/
Waste Management $500.00
Sports Tournament Costs $12,000.00
Souvenir Books Costs $2,000.00
Gospel Fest Costs $300.00
Coronation Costs $500.00
Theatrical Presentation Cost $500.0 0
Office Space (12x300) $3600.00
Telephone (12x100) $1200.00
Insurance $1500.00
Total Expenses $78,895.00
II I
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I
06/3011998 10:29 5612780555 DB CHAMBER CONMERCE PAGE 02
ROOTS CUL FESTIVAL XXI
Preseflted by the Sun-Sentinel
july 17- August 9, 1998
"Celebrating the Principles of Kwanzaa Ail Year Long"
Umoja - Unity
· Kujichagalia - Self-determination
· Ujima - Collective Work and Responsibility.
·Ujamaa - Cooperative economics
Nia - Purpose
·Kuumba- Creativity
· lmani -' Faith
. Friday, J~ly 17th
ll~ots Cultural iestivgJ in cooperation with Old School l~lUare pre~ents
Coronation of'Royal Court
Ct,st Theatre. 24 Not-th Swiaton Avenue, 7pm.
· Crow~ing of the Roots Festival 1998 King & Queen. Prince & Priuc~ A dancu recital
._. pr~ented by MAD DADS. Cost [s $$ for adults, $3 for childrert. Call Sandra Weatherspoon,
-~: ':'."::" ? 2211-7409.
- ;'".. ~)U. c !'5atnrday, July 18th
~,.i :, ~-~:::/ Splash Party
Pompey Park Pool, 1101 H.W. Srd Str~q; '6pm.
: ,~~i. 5~Oaming and isco 1~. Ages 10-adtflt. Costi~ $5 forsdults, ~ for childr~a.. Volu~t~-rs
.,.. ,.,.:..'. needed. Call H'"~I ~~c, 274~365 or Bill Mun~, 243-7356.
Sunday, J'uly 19th ' .
~,. ~::~. -Roots Dedication Service
~'. _ ~!~ Christ Missionary Bapt~ Church, 125 S.W. 8th Street, 4pm.
· ~.-.;Z <.;,d,;._.~ go,aa, ~ dramatic gr~cntationa. All ag~. Frae .adm~ma. Call loyce lhimc, 735-9003.
': ~-" ,'J ly lgth
- --.,'. Sunday u
Gospel Fost -
Pompey Park Gymnasium, t 10l N.W. 2nd Str~, 7pm. ·
Aa explosion of gospel choirs, ensmuble, s, and soloists in spiritual praise. Ail ages. Cost is $5
&
for adults, $3 for children. Call Sheldon Edmonds, 279-4969.
06/30/1998 10:29 5612780555 DB CHAMBER COMMERCE PAGE 03
P~ge-2- Roots Cultural Fefiv~l ~
W~dnesday, July 22nd
You on P de
Pompey P~ Auditorium, 110[ N.W. 2nd S~ 7pm.
A showc~e of ~e ml~ of Io~l you~. ~e pro~ ~clud~ sin~ng, c~tive ~,
~in~ ~d o~er c~ve ~p~ion. ~K-~ I2. Co~ is 15 for adut~, ~3 for child~-
~dsy, Jul~ 24th
A ~the~g of Bro~e~ & Siste~
Pompey P~k Auditorium, 110I N.W. 2nd S~ 7pm.
Semi~ foc~ing oa s~ m~agemen~ heal~l~g, ~oned relationships ~d o~er self-
help mtegies. Young adui~ ~d older. F~ admissiom Volunteers needed. C~I B~bm
B~ 49~-5614.
Fffiday/S~urday/Sundsy July 2~26
T~ Tomment
' ~y B~ch T~ Gent~, ~onal T~is Ce~, BoSton Beach Te~ C~r, 6pm
~n~, 8~pm (S~-S~).
S~gl~ elimm~o~ m~ ~d ~m~ s~8l~, doubl~ ~d m~ doubl~. ~m Te~
~ ~~on (ATA) ~oned. I~ ~d ~ffi~. Co~ ~ ~0 per ev~ Vol~
· ':' ~ Bill M~y, 243-~56.
.~...?:- - P~p~ P~ 1101 H.W. ~d S~ 6~ ~ng, S~ (Say-So).
~c~,,, $15 ~ ~n for ~e ~ ~0 ~~n f~ ~ ~, ~ per ~on for ~ ev~.
~;;~. - ~p~cip~of~hcv~t~lp~yfor~e~p~- ~~5. Vol~n~
' ,'.
~1 Eugene H~g ~ 279-1875 or ~ ~dolph ~ 27~7148.
Samr~y, J~
.- Playe
- ~y B~ ~tf Co~ Clubho~ ~00 ~~ A~u~ 6:3~ I0:30~.
A ~-filled ~enin8 ~ f~m~k, 4s~g~g, d~ ~, n~g ~d ~ll~ip
' oppo~ities. All ages. F~ m golf~ei~. ~ m~ for ~ is i20.
~ed. Call Eugene He~ng at 27~1875 or Dave ~dolph ~ 27~-7148.
06/30/1998 10:29 5612788555 DB CHAMBER COMMERCE PAGE 84
':': t' ~ '-. . ..... ,.
Pn~e -3= Roots Calm~i F~v~ ~
S~y, Ju~ 26th
lfTou ent
~l~y B~ch Golf Coupe, 2200 H~l~d Avenue, 7~-2pm.
~e 13~ ~n~l Roo~ Golf Civic is ~ 18 hole, sel~-a-shot golftou~amen~ ~p~i~ ~d
a~ will ~ p~n~ ~o~ t~s. Hono~ C~ is Chiles Owens, Semor PGA to~
m~r. O~ m all ~, fo~ ~on ~s. ~e co~ ~ $65~ pe~n. En~ du~ by July
~. Vol~t~ n~ded. Carl Eugen~ H~ 279-I~75 or:~avid ~dolph, 278-7~48.
M~onday, Suly 27th
J'unior Golf Clinic
D¢lray Beach Golf Course, 2200 'Highland Avenue, gain-Noon.
Opportunity for $00 ar~a youth to participate in a golf clinic hosted by the Delray Beach
municipal golf course staffand Chartie Owens, Senior PGA tour member. Fre~ admission.
Volunteer~ ~eeded. Call Eugene Herring, 279-1575 or David Randolph, 278-7145.
Wednesday, July 29th
Roots C~t~rnl Festiv~l in ~operstion with Old School Square presents
.. Theatrical Presentation
:.' · Crest Theair=, 24 North SwinWrl:Avcnue, 7:30pm-
A dramatic presentation focusing on the African-American experience and the hiswry. All ages.
Cost is $5 for adults, $3 for childrem Presemed by the Zeta Phi Beta sorority. Call/otmice
~: '. ~,M .'.;:~'. -
B ketball Tournament
· ~. ' Pompey Park, Carver Full Servidc Center, and Deiray Be~ch Community Center, I0am-10pm.
~--~A:: Double elimination tournament for youth (IS-IT) and sdntts (15 & over). Entry fr~ is $150 per
-.,. ~lhlts. Volunteers ueeded. Call!Freddie (}rice, 533-7'J63, 561-751-2917 (pager),~
,..:.:.:< Softball Tournament
""-~'-' :,~,'~'2 Pompey Park and Miller Park, 7pm (FRO, 1~hm-10pm (Sst-Sun).
· .~ Men/Women softball, Little League basebal, k..Girl's softball. Free admission for spectators. Call
-. Andrea Bruton, 272-34811 or Verrell Floyd 357-1558.
06/30/1998 18:29 5612788555 DB CHAMBER COMMERCE PAGE 05
l~ge -4- ~ C~l~ F~ ~
Sa~ay, Aunt l~t
Bowleg To~ent
F~ ~ Bowling C~ter, 1190 W~t Bo~ton B~ch Blv&, Boynton B~eh, l-7pm.
A~R h~di~p bowlinB. Q~li~ing 1-4pm (sqp-de). ~mi-fi~l~fi~s 5-Tpm. ~h prizes for
~p five ~wiea. Ag~ I~ ~fl above, Co~ is $15 p~ ~u~, includes g~ ~d sh~. Ca[l
~Iiie McGfiff272-7029, Mabel Edgecom~ 243~8~, ~uise Seo~ 395-1592, Dave ~ndoiph
2~714~, ~ Robe~ 43fi~165~ .;
Sunday, August 2nd
Oratorical Contest
St. Paul Baptist Church, 46 N.W~. 10t~ Avenue, 7pm.
Contest of oratorical skills for area students. Theme: Celebrating the Principle~ of Kwanzaa.
P~rticipaats may speak on .apy element cormected to Ge concept of Kwanzaa. Entertainment
provided ~/~u-s. Ann Williams; piano ~tudents. Elementa~ school-college level Free.
adm~sion..Please regixter your intention to participate by eailing Marilyn Harden, 736-0442.
Monday, August 3rd
'"i._'f;' :' Pmnpey Park Auditorium, I102 N.W. 2nd Street, 7pm.
A contest of proficiency in spelling skills for'~rades 2-L7- Free admission. Call Brenda Durden,
· i. ' 498=7578.
i F.,s ~y Contest
:'~'~- ::-~. Pompey Park Auditorium, 1102 N.W. 2nd Sm:et, 7pm. '
....,.~,~ ? -.~ ? and meanizt~ the oultm-al implication, lind mil;'m~'oa o£the ~n i~in¢iplea/n our daily
· -~ ~.: ~. Grades 3-5, grades 6-9, grades 10-college. Pick-up and drop-offsites: Ann WLlliams 507
~.'- N.W.. 2ad Strect, Nadine Hart 200 N.W. 2nd Street. $ubmisaion dmdlln~ is Monday, Svly 27th
:..~! ' ~'~ at 7pm. Free admi3$ioo. Call Ann Willian~, 276=73~ orNadine Hart, 276-~1112. *Good
attendant.
i '.
: ": ~":"~'""" A. Pearl Jackson Memorial Math Contest
Pompey Park Auditor/urn, I I02 N.W. 2nd Str~,, 7pm.
. . Shat~ts parfici~ ia math contest/n the foJ~ow/n~ ar~as: Algebra I & II, Geometry, G~n~al
· Mafl~ Middle school and h/gh sah~ol. Free admJs,sio~. Voluntaers needed. Call Latoya
, Gibson, 732-3625.
06/30/].998 10:29 56].2780555 DB CHAMBER COMMERCE PAGE
W~n~day, Aunt 5th
Geo~phy, L~guage & Co~~cafion Development
Pompey P~ Auditorium, 1102 N.W. 2nd S~ 7pm.
A~d=mic ~es with i~ational eomponant utili~g ~ ~~a, e~ti~[ ~i~ing, ~d
~hic~ activin. El~m~n~, Mi~l~ ~d High ~1 ~d~m. Fr~ a~ission.
Voluntee~ n~d~. C~I F~c~ C~, 278-M22.
Thu~day, Aunt 6~
B~ess Semin~ - F~cial Pl~g
Pompey P~ Audko~um, I ~01 N.W. 2nd S~ 7pm
L~ ~e b~ics of ~e T~payer Relief Act of 1997, ~ b~i~ of fin~cial planning (~aditionai
deductible ~, ~ Ro~ ~ long ~ capital g~ns ~ductions), ~uca~oaal ~si~ce:
~ddie Cr~d~L Educaao~ ~ ~i~ ~u~aon ~x er~c Yo~g adult. F~ ~ission.
Volunte~ n~d~. C~I O~ed MaF~I~, 2~863.
RooB Feafiv~ Prude
': ff~" ~mn~ S~, 2784136.
:: ?::5 ;'
~~ ~m~ay, Au~ 8~
"" ~y~ Bre~
Pom~y P~ A~o~m, 1101 N.W. ~d S~ 8~
- mm~fio~; ~ cel~b~ ~~ ~olvm~ ~ ~ci~ou. All ~. ~ i $~ f~
~ul~ ~ $3 for cNl~ ~e ~u H ~1 m~ ~! ~uv~e ~~ly ~ ~
' b~ All in~ ci~~ ~ welcome. Vol~t~ n~ ~11 El~ Wesley, 27~
1013.
Page -6- Roots Cudturnl Festivnl ~
~ay, Aught ~th
K~ Se~
P~m~ P~ 1 lOt~.W. 2n~ S~ 11~.
~lomtion ~d expiation of~e concept ofKw~ ~e five common p~
(I~~S, Keve~ce, Comm~mo~tion~ [ecomm~on~ Ce[eb~don)
~cipl~: ~niW, Sel~in~o~ Coil~dve Wo~ ~d E~po~ibil~w, Coo~dve
~onomi~, ~os~ C~fivi~,.Fm~). All ag~. F~ ~ion. Vo[u~t~ ne~. Call
~t N~o~ ~7-2994 or B~ Bro~, 498-5614.
Sam~ay, Au~t 8th
Festival in ~e P~k "
Pompey P~k (fi~ld mgm) 1101 N.W. 2nd S~h ~A
Ball~t B~Touba D~ TrouP~, pl~ o~r p,~m~ to b~ confimed. ~cal yo~ wo~hop
~cip~B will p~m c0~mpo~, ~difio~ md ~icm ~ ~d dmce. A~sion.
Vol~t~ n~d~. C~I Eug~n~ H~g, 279-1875.
5~day, Au~ 9~
~spel ~ ~e P~
Pompey ~ (field ~e) llO1N.W. ~d S~
._. ~;~ ~e~ '~meofSo~o~'s~~~ll~~g. ~I~s. Vol~
~" '=~,~ ~YOU C~OT ~~ ~ CO~A~ P~ON ~S~, P~E C~L
,~'-.
-~'~-'.
:, .'.
OG/30/lCj98 18:29 5612780555 DB CHAMBER COMMERCE PAGE 08
ROOTS CUL FESTIVAL XXI
Presehted by the Sma-Sentinel.
luly 17 ~ August 9, 1998
"Celebrating the'Principles of Kwanzaa Ali Year Long"
I
F~tiv~*l Colors:
Red, Black and Green
Concession Space:
Thc cost is $100 for nonprofit, organizations and !;150 for others. Friday-Sunday, August
7-9, 199gr. Call ffe~nie Thomas or Shirlcy Plummet at 276-3037 (days) or 278-16110
(cveningsj.
Sou?~enir Pro_er'am:
Please advertise your business or or~r~7~lion in th~ souvenir pwg;tam. Rat~ for support
Lr2 Page $ 60 Champion: $1,000
.,;~:~.- :. 1/4 Page $ 35 Benefactor. $ 500
~'.:q.~'.~?k-' L~Pag¢ $ 20 Suppori~. $ 250
~~2' Patron S 5 Contributor. $ 125
' Call Clayton Bell at 27.8-2782_
, ..~.. : :. Red t-shirt with blac~ leto:re. The cost is $9 (including children) and $11 ('iX and
( alive). Call J'oun/c~ I-Ii_d! at 2.T2~-T724_
Ther~ is z desPetale xa:cd foc.~ will/nE to volunteer for dulic~ of a §e~eral nature
'-~ , :' '-~'..- '. petlaining to the: overall orgs~w~6on and/top--on of the Koots F~a'tival. Call:
- '" Roots Festival lt[,'~quatiers, 274-036~'or the contact person for the ~
Acsdemic Competition:
Applications are available ~ Pompey Park, 1101 N.W, 2nd-Avenue, and the Delray
Beach Masonic Lodge at ~$ N-W. :~th Avenue.
Scholarship Awsrds for AeSdemi¢__Com.netition:
WL, mers will be presented the awards on Saturday afternoon August $, 1998.
Drum ~nd Dance Youth Workshop
Ballet~BambTouba Dance Troupe will present an eight week instructional workshop in dram and
dance theory and practice for ei.ementary, middle school and high school students. Free
admission, Volunteers necded. Call .lounice Hill 272-77?-4.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
S~B~0T: ~D~ ITeM ~ ~ ~,~U~ ~,~I~ O~ ~U~ ~, ~8
REHABILITATION OF LIFT STATIONS 16 & 3lA
DATE: JULY 2, 1998
This is before the Commission to consider approval of a bid award
in the total amount of $245,938.00 to Trio Development
Corporation as the lowest responsive bidder for the
rehabilitation of lift stations 16 and 3lA. The original low
bidder was TLC Diversified; however, due to their inflated bid on
alternates iA and lB they were asked to withdraw their bid and
subsequently did so (see attached letter).
The total amount of the bid includes $130,010.00 for the base bid
involving the rehabilitation of lift station 16, and $115,928.00
for alternate iA, the elimination of lift station 3lA.
Funding will be from 442-5178-536-61.83 (Water & Sewer Renewal
and Replacement/Lift Station Conversion to Submersible).
Recommend approval of the bid award in the total amount of
$245,938.00 to Trio Development Corporation as the lowest
responsive bidder.
ref:agmemo9
Agenda Item No.
AGENDA REQUEST
Date: July 1, 1998
Request to be placed on:
X Regular Agenda Special Agenda
Workshop Agenda When: July 7, 1998
Description of item (who, what, where, how much): Staff requests
Commission Approval of a Bid award to Trio Development Corporation for
Rehabilitation of Lift Stations 16 and 3lA in the amount of $245,938.00,
($130,010.00) for the base bid Lift Station l~6~.~.'A~ation and
($115,928.00) alternate IA Lift Station 3lA ~ Total
contract amount will be $245,938.00 with fundinq from R&R Account #442-
5178-536-61.83, Lift Station conversion to submersible (Budget Transfer
attached).
ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO
Recommendation: Staff re c_o~mends approval of Bid award to Trio
Development Corporation. ( ~.~~~
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (requi~--~Q~,~ll items involving expenditure of
Funding available: Y~/NO / ~ -
Funding alternatives
(if applicable)
Account No. & De~cription~--~/~-~.-- ~J. ~ ~.~
Account Balance$~O. ~ ~' ~///g~
City Manager Review:r~ fYO,~
ApprovedHold Untilf°r: agenda:~NO ~/~]
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file: S: kEngA~inkProj ects k98k98-044 kOFFICIALkAG97, doc
MEMORANDUM
TO: David T. Harden
City Manager
FROM: C.Danvers Beatty, P.E.~
Deputy Director of Util.~ti~--~
SUBJECT: REHABILITATION OF LIFT STATIONS 16 and 3lA
PROJECT NUMBER 98-044
DATE: July 1, 1998
Attached is an Agenda Request and Tabulation of Bids opened on May 28,1998 as well
as a recommendation letter from Eckler Engineering, Inc. for construction of the subject
project. The lowest responsive bid was submitted by Trio Development Corporation,
with a total proposal of $245,938.00, ($130,010.00) for the b~.se .bid__Lift Station 16
rehabilitation and ($115,928.00) alternate lA Lift Station 3lA r.e,t~a,am~t~. As outlined
in the recommendation letter, TLC Diversified was the original low bidder, however due
to their inflated bid on alternates lA and lB it was requested that they withdraw their bid
or the City would rebid the project. TLC Diversified subsequently requested that their bid
be withdrawn (see attached letter).
Based on their proposal and satisfactory performance of past work in the City, we are
recommending award o£the project to Trio Development Corporation in the total amount
of $245,938.00. Funding will be from 442-5178-536-6183, lift station conversion to
submersible. Appropriate budget transfers are attached.
Please place the item on the July 7, 1998 Agenda for consideration by City Commission.
CDB/cdb
Att:
cc: Richard C. Hasko, Director of Environmental Services
File: Agenda File
file: S:\EngAdmin~Proj ects\98\98-044\CONSTRCT~GMEMO.doc
16 AND 3lA
PROJECT NUMBER 98 044
BID NUMBER
~ ', ~,' I r-m Il,
~S. 16
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~- ;~ .:~II / ! ~~~, : ~, / i '~ ; ,,?
~. ~ ,~ =--~~~ ~,- ~ '~; ,, MAYOR
E~~~ ~ ;:- ; ;; , : ~ ; ~.~...,,,,: : ;~ VICE-~
, i~. ~/ ~_ . ¢. , ,,~ ,,
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7Al LS '~. '
. ' I~ -' - DIRECT~
~ . ~, ~. ~ ~ ~.li~, .,. '. ' ENVlrO
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LINTON BOULEVANO ~ /
/
PROJECT LOCATION MAP
CITY OF DELRAY BEACH
VIRONMENTAL 'SERVICES DEPARTMENT
~TTmTT
Bid Tabulation
Rehab of Lift Stations 16 and 31A
Project # 98-044
I'°mP°sc'p~°" I QI u I u.,,..co
I Liff Station No. 16 1 LS $ 110,643.00 $ 110,643.00 $ 114,000.00 $ 114,000.00 $ 128,500.00 $ 128,500.00
2 Spring assist lift mechanisms for
valve vault hatches 1 LS $ 5,000.00 $ 5,000.00 $ 6,000.00 $ 6,000.00 $ 10,000.00 $ 10,000.00
3 Indemnification 1 LS $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00
4 Misc. work allowance 1 LS $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00
Total Lump Sum Base Bid $ 125,653.00 $ 130,010.00 $ 148,510.00
1A-1 Mob./Demob; General requir. I LS $ 81,114.00 $ 81,114.00 $ 6,700.00 $ 6,700.00 $ 30,000.00 $ 30,000.00
1A-2 8" SDR 35 PVC San Swr
a) 10'-12' 224 LF $ 688.00 $ 154,112.00 $ 225.00 $ 50,400.00 $ 150.00 $ 33,600.00
b) 12'-14' 80 LF $ 143.00 $ 11,440.00 $ 275.00 $ 22,000.00 $ 150.00 $ 12,000.00
¢) 16'-18' 20 LF $ 156.00 $ 3,120.00 $ 325.00 $ 6,500.00 $ 150.00 $ 3,000.00
1A-3 !Precast Conc MSan. MH
a) 16'-18' I Ea $ 79,691.00 $ 79,691.00 $ 9,750.00 $ 9,750.00 $ 8,000.00 $ 8,000.00
1A-4 Drop Connections 1 Ea $ 2,890.00 $ 2,890.00 $ 1,750.00 $ 1,750.00 $ 1,500.00 $ 1,500.00
1A-5 Demo of LS~31A I LS $ 15,698.00 $ 15,698.00 $ 1,950.00 $ 1,950.00 $ 5,000.00 $ 5,000.00
1A-6 Fur. & install san. sen~ laterals
a)6" 2 Ea $ 7,191.00 $ 14,382.00 $ 900.00 $ 1,800.00 $ 2,000.00 $ 4,000.00
1A-7 Reconstr flow chnnls in MH 2 Ea $ 3,828.00 $ 7,656.00 $ 450.00 $ 900.00 $ 2,000.00 $ 4,000.00
1A-8 Grout exist, abandoned 4" FM 300 LF $ 13.00 $ 3,900.00 $ 3.00 $ 900.00 $ 5.00 $ 1,500.00
1A-9 Type 3 asphalt pvmnt patch, w/
base, prime coat and tack coat.
324 LF $ 40.00 $ 12,960.00 $ 23.00 $ 7,452.00 $ 15.00 $ 4,860.00
1A-10 Asphalt overlay w/ tack coat 971 Sy $ 36.00 $ 34,956.00 $ 6.00 $ 5,826.00 $ 10.00 $ 9,710.00
Total Alternate Items IA-1 thru 1A-10 $ 421,9t9.00 $ 115,928.00 $ 117,170.00
Mob. / Demob; General requir. $ 81,244.00 $ 81,244.00 $ 6,700.00 $ 6,700.00 $ 40,000.00 $ 40,000.00
8" HDPE san. swr by directional
drilling $ 613.00 $ 186,352.00 $ 400.00 $ 121,600.00 $ 330.00 $ 100,320.00
8" SDR 35 PVC San. Swr
a) 14'-16' $ 156.00 $ 3,120.00 $ 300.00 $ 6,000.00 $ 250.00 $ 5,000.00
Precast Conc. MH
16'-18' $ 79,691.00 $ 79,691.00 $ 9,750.00 $ 9,750.00 $ 10,000.00 $ 10,000.00
Drop Connections $ 2,890.00 $ 2,890.00 $ 1,750.00 $ 1,750.00 $ 1,500.00 $ 1,500.00
Demo of LS#31A $ 15,698.00 $ 15,698.00 $ 1,950.00 $ 1,950.00 $ 5,000.00 $ 5,000.00
Fur~ & install san. serv laterals
6" $ 7,191.00 $ 14,382.00 $ 1,300.00 $ 2,600.00 $ 2,000.00 $ 4,000.00
Reconstr flow chnnls in MH $ 3,828.00 $ 7,656.00 $ 450.00 $ 900.00 $ 2,000.00 $ 4,000.00
Grout exist, abandoned 4" FM $ 13.00 $ 3,900.00 $ 3.00 $ 900.00 $ 5.00 $ 1,500.00
Type 3 asphalt pvmnt patch, w/
base, prime coat and tack coat.
$ 107.00 $ 3,210.00 $ 23.00 $ 690.00 $ 100.00 $ 3,000.00
Asphalt overlay w/tack coat $ 36.00 $ 11,700.00 $ 10.00 $ 3,250.00 $ 10.00 $ 3,250.00
Total Alternate Items 1B-1 thru 1B-11 $ 409,643.00 $ 156,090.00 $ 177,670.00
Page I of 1
ECKLER ENGINEERING, INC.
CONSUL TING CIVIL ENGINEERu
June 22, 1998
215.L1
Mr. Richard Hasko, P.E.
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, F1 33444
Dear Mr. Hasko:
Reference: Bid Withdrawal
TLC Diversified, Inc.
Bids for the rehabilitation of lift stations 16 and 3 IA, bid number 98-030, were received, opened and
read aloud at 3:00 P.M. on Thursday, May 28, 1998. The lowest base bid was submitted by TLC
Diversified, Inc. However, their alternate bid for the elimination of lift station 3 lA was extremely
high. The City would like to be able to construct both of those pump stations and this would not be
possible with the bid from TLC Diversified.
Eckler Engineering wrote TLC Diversified a letter stating that there were two options for completing
this project. These were 1) rebid the project since there was a discrepancy between the instructions
given to bidders and the instructions which are in the contract documents pertaining to the award of
a bid with alternates or 2) TLC Diversified could withdraw from the bidding process and the City
would return their bid bond and allow the second low bidder to be awarded the project.
Attached is a letter from TLC Diversified, Inc. stating that they will allow the City of Delray Beach
to proceed with the award of the rehabilitation of lift stations 16 and 3 IA, bid number 98-030 to the
second and more responsive bidder without protest. The return of their bid bond would be
considered as a release of all claims.
Eckler Engineering recommends that the City accept this offer and award the construction project
to the second low bidder, Trio Development, Inc.
If you have any questions or require additional information pertaining to this bid award or the project
in general, please do not hesitate to contact me.
Sincerely,
Donald A. Eckler, P.E.
Encl.
215L1.022
Celebrating our 12th Year of Service to South Florida
9381 WEST SAMPLE ROAD 954/755-1351
CORAL SPRINGS, FL 33065 Printed on Recycled Paper FAX 954/755-2741
TLC ~I~£R$IFIED 4~747871~9 P. 01
CG C041810
UG C053,963
Diuersified ....... inc.
~ G~NERAL CONTRACTING GROUP I ENVIRONMENTAL CONSTRUCTION GROUP . UNDERGROUND UTILITIES GROUP
June 1~, 1998
Mr. DonalO A. EckJer, P.E,
9381 West Sample R~ad
Co~al Springs, FL 33065
RE:Rehab or I,S 16 & 312
Bid Ne. ~-030
Dear Mr, Eckler:
In reference to your June 15, 1998 letier, please be advised that TI:C Diversified, Inc. will
allow the City of Delray Beach to proceed with a%-ard of the above referenced bid to the
second and more res~nsive bidder without protest.
We understand t~at ll~e only other option would be to rebld this project and do not feel that
this would be in the interest of TLC, tile Owaet; or Trio Development, the appm~nt overall
Iosv bidder.
The return of our bid bond can be considered as a release of all claims.
Please give me a call if you have any questions.
Thm,ston l,ambersoa,
President
CC: Chro~o
Bid File
OFFICE 7233 SOUTHERN BOULEVARD · B-1 ,, WEST PALM BEACH. FL 33413 · 56t-478,2025. gA,,X 56? 478-?159
WEST COAST 1928 LIMBU5 AVENUE EAST ,, SARASOTA · FL 34243 · 947-7~;6~804S, FAX 941-755-7840
FOR THE
RE HAB ILITATI ON 0 F
LIFT STATIONS
16 AND 3lA
1
=0
~R
THE CITY OF
1
I
DELRAY BEACH
FLORIDA
E-ECKLE,e ENGINEERING., INC. DATE · JAN 1.99,8
PROJECT SITE NUMBER 2 - LIFT STATION 3lA
Existing Conditions
Lift station 3lA is an e:dsting submersible type lift station located along Tropic Boulevard
just east of Spanish Trail. This e,'dsting lift station serves the residential area surrounding
Tropic Boulevard which consists of approx4mately 28 single family homes. The area served
by this station may be an area where the seasonal population influx would affect the influent
~vastewater flows to tile station. However, the flmv to the station is limited by the small
collection area served by the station.
Inspection of this station revealed that some of the mechanical equipment and controls are
antiquated and at times require an above normal amount of maintenance for the station to
operate. The concrete valve vault and wetwell appear to be structurally sound and do not
show evidence of excessive corrosion.
The wet,yell and valve vault for this lift station are located within the eastbound traffic lane
of Tropic Boulevard. The typical radio telemetry unit as seen throughout the Delray Beach
sanitary sewer lift stations and the electrical controls are located on the south side of Tropic
Boulevard road right-of-way, just east of the lift station.
There are a few site constraints which would affect the rehabilitation recommendations for
this station. Cun'ently, electrical power service to this site is 120/240 volt, single phase. The
major constraint which has the potential to affect rehabilitation options for this station is
the general overall conditions of the surrounding neighborhood and the lift station location
itself. It appears as though an extremely aesthetically pleasing station would be required
in order to blend in with the surrounding residences.
Influent Flows
Preliminary influent flow data has been established for the lift station 3lA site. Although
recorded flow data was available for our use to estimate influent flow to the station, we
have determined the influent flow based on the number of residences served by this station.
We assumed that each of the 28 residences served by this station would have a water
demand of approx/mately 350 gallons per day per unit. The equivalent sanitary flow of 75%
of the water demand or approximately 262 gallons per day per unit was used. By
multiplying this sanitary flow per unit by the number of units, the approximate influent flow
to the station on an average day is 5 gallons per minute. Using a peaking factor of 4 times
the average daily influent flow, the peak flow to the station has been estimated to be
approximately 20 gallons per minute. This station may be located in a seasonal population
area, however, we have considered any possible increase in influent flows since we
accounted for all sources in the estimation of influent flow.
Rehabilitation Options
Two options were investigated for the rehabilitation of lift station 31A. The first option was
to abandon the existing lift station and construct additional gravity sewer collection system
extending west along Tropic Boulevard and across Grande Canal. The new gravity
collection system would flow from the final manhole, lift station 31A, west to the existing
collection manhole of LS 31 at the intersection of Spanish Trail and Tropic Boulevard. The
second option investigated was to rehabilitate the existing duplex submersible pumping
station.
Evaluation of Rehabilitation Options
The first option indicated for the rehabilitation of this station was to remove the station
from service and to emend the gravity collection system west along Tropic Boulevard. The
emension shall consist of the installation of a new gravity sewer line from the final collection
manhole for LS-31A to the existing collection manhole for LS-31 located at the intersection
of Spanish Trail and Tropic Boulevard. This gravity sewer construction shall carry all the
wastewater flow from the island directly to the wetwell of LS-31 to eliminate repumping.
The straight line distance between these tWo manholes is approximately 400 feet.
This option was preliminarily investigated in the field during the preparation of this report.
Field measurements of the depth of the invert from the existing grade of the existing final
collection manhole for lift station 3lA was determined to be 10 feet. Similar depth
measurement for the existing manhole at the intersection of Spanish Trail and Tropic
Boulevard into which the force main from lift station 3lA discharges, was found to be
approximately 17 feet.
The major design constraints to be addressed for the proposed extension of the gravity
sewer collection system are as follows:
1. Construction of a deep sanitary sewer system through the canal area. The design will
need to address dewatering requirements which will be above what is typically
expected for sanitary sewer installation. In order to dewater this area for the
construction of gravity sewer, the excavation will have to be wellpointed and pre-
excavated. Following the pre-excavation to a depth as required for the installation
of gravity sewer, drainage gravel will be placed in the bottom of the excavation. This
will then allow for the installation of additional dewatering pumps directly into the
excavation in order to remove the water and allow for a dry excavation for the
installation of the sanitary sewer. The dewatering operation will also require the
installation of silt barriers in the north and south portions of the adjacent canal.
2. A 48-inch diameter reinforced concrete pipe culvert connects the canal on the north
and south sides of the roadway embankment for Tropic Boulevard. The design of
the proposed gravity sewer collection system will address the avoiding of this conflict.
3. Buttress-type retaining walls are constructed on either side of this roadway
embankment. Verification of existence of tie-backs for these retaining walls is
necessary to evaluate the installation of gravity sewer through this embankment area.
The existence of tie-backs would effect the final determination of alignment for the
proposed gravity sewer extension.
4. Since Tropic Boulevard is the only means of access for residents of the island,
maintenance of traffic requirements will also be a determining factor for the final
alignment of the proposed gravity sewer system extension.
The proposed gravity sewer collection system would be constructed of PVC pipe with the
minimum acceptable diameter of 8-inches. ff the standard requirement of the gravity sewer
to be laid at 0.4% slope is met, the invert of the extended gravity sewer at the intersection
of Spanish Trail and Tropic Boulevard will be approximately 13 feet deep from the existing
grade. This would require the installation of a drop connection to the existing manhole at
this intersection. It is also noteworthy that this proposed gravity sewer will clear the bottom
of the ex/sting 48-inch RCP pipe culvert by approximately 1.5 feet,, which runs across the
roadway embankment.
The second option is to rehabilitate the existing submersible station. The general scope of
work required for the rehabilitation would include:
1. The e.,dsting valve vault and wetwell hatches will be removed and replaced
with watertight single leaf aluminum hatches with spring assist capable of
withstanding H20 load requirements.
2. The required work will also require the coating of the interior of the existing
wetwell to prevent structural deterioration as a result of hydrogen sulfide or
other chemical constituents of raw sewage. A 100% solid chemical resistant
epoxy coating material is recommended.
3. The existing lift station instrumentation and control system will be removed
and replaced by the Data Flow telemetry system. The standard City options
including the rain gauge and the water system pressure transmitter can be
added to the Data Flow telemetry system.
4. Other electrical improvements as required to meet the requirements of NFPA
820 (1995 edition) for an NEC-Area Electrical Classification, Class I, Group
D, Division 2, Residential Wastewater Pumping Station.
5. Remove and replace the existing pumping equipment and controls.
6. Replace the existing discharge valves. The emergency pumpout connection
shall remain within the valve vault enclosure.
7. Return the site surrounding the station to its original condition by
reconstructing damaged driveways, roadways, and replacing all adjacent
landscaping features.
The proper operating volume for this rehabilitated station will be based on pumping rates
required to maintain a minimum 2 foot per second velocity, in the existing 4-inch force main.
Tliis volume is greater than the volume required to meet peak influent flow requirements.
The peak flow to the station has been estimated to be approximately 20 gallons per minute.
The pumping rate required to provide a minimum velocity in the e.,cisting 4-inch force main
of 2 feet per second is 80 gallons per minute. The velocity produced by this flow will be
sufficient to prevent the deposit of materials ~vithin the discharge force main. Based upon
preliminary head loss calculations, the total d,vnamic head required for this pump station
is approximately 20 feet. The minimum motor horsepower requirement to meet the flow
conditions of 80 gallons per minute at 20 feet of head is approximately 1.9 horsepower.
The minimum volume required in the wetwell for flow equalization and to allow the 80
gallon per minute pumps to run for cycles of approximately 15 minutes is 70 gallons. It is
possible to provide this volume within the existing wetwell. The depth required to provide
this volume in the 5' diameter wetwell is approximately 0.5 feet. The existing arrangement
of the existing wet,yell and the nearby final gravity collection manhole allows for the station
to fill to a maxSmum depth of approximately 2.75 feet before the existing gravity collection
system will begin to surcharge.
Recommendation
Based on our observations of this project site and the determination of work required to
complete both rehabilitation options for lift station 3lA, it is our recommendation that lift
station 3lA be abandoned and the existing gravity collection be extended west from the
ex/sting final collection manhole to the intersection of Spanish Trail and Tropic Boulevard.
We believe that this is the best option available for lift station 3lA primarily because:
1. An existing pump station will be eliminated, thus eliminating maintenance and
operation costs.
Should unforeseen circumstances arise that will not allow for the extension of the ex/sting
gravity sewer collection system west along Tropic Boulevard, the rehabilitation of existing
duplex submersible lift station 3lA is a feasible option.
Preliminary Design Cost Estimate
The preliminary design cost figures are based upon the best available information and the
assumptions and recommendations contained above for both rehabilitation options of lift
station 3lA. These preliminary cost figures reflect the work required to abandon and
extend the existing gravity sewer system and to rehabilitate lift station 3lA.
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~ ~ / :; OPTION
ECKLEN Cl~ OF PROPOSED SITE P~N PROJ NO. 215.L1
ENGINEERING, INC. DELRAY B~CH LI~ STATION Z1A DATE:JAN. 1998
CITY OF [IELR;lY BER£H
CiTY ATTORNEY'S OFFICE ~°° ~ '~' ^~' ~"~^~ ~'~^~", ~'~°"'~^ ~""~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-709!
DELRAY BEACH
MEMORANDUM
Ali.America City
TO: City Commission
1993
FROM: Susan A. Ruby, City Attorney
SUBJECT: Charlie Brown
On January 20, 1998, the City Commission considered an offer to settle a judgment in
excess of the sovereign immunity cap. The amount of the offer from Plaintiff was
$125,000.00. The City rejected the offer and counteroffered with $75,000.00. (See
attached memos). The $75,000.00 counteroffer by the City was to settle a claims bill
that Plaintiff's lawyer stated he would file.
We have received a new counteroffer from Plaintiff's attorney in the amount of
$95,000.00.
By copy of this memorandum to David Harden, City Manager, our office requests that
this counteroffer be placed on the City Commission agenda for July 7, 1998.
Please call if you have any questions.
Enclosure
cc: David Harden, City Manager
Alison Harry, City Clerk
Frank Babin, Risk Manager
Kent Pratt, Esq.
Steve Hanzman, Gallagher Bassett
Arthur B. D'Almeida, Esq.
cbrown4, sar
Arthur B. D'Almeida, PA.
Attorney at Law
105 East Palmetto Park Road Telephone (561) 368-4674
Boca Raton, Florida 33432 Telefax (56D 362-8512
e-mail: dalmeida~emi, net
May 15, 1998
Kent S. Pratt, Esquire
Gaunt, Pratt, et al.
1401 Forum Way, Suite 500
West Palm Beach, Florida 33401
Re: Brown v. City of Delray Beach
Your File No. 41-105
Dear Mr. Pratt:
This letter is written in response to your January 27, 1998 correspondence to this office
regarding the above-referenced matter in which the City of Delray Beach proposed a
counter-offer of settlement. It appears that the City Attorney was correct. We are required
by law to §o through the claims bill process regarding the settlement of this claim. I have
contacted the Lamonica Corporation with regard to processing a claims bill in this matter.
The process will require a substantial amount of time and effort on my part. Additionally,
the Estate of Charlie Brown.will be required 'to pay. the: Lamonica Corporation six percent
(6%) of the final claim, contingent.upon the bill becomin§ Jaw.
In light of the foregoing, I have been authorized to make the following offer of settlement
which is in response to your counter-offer:
1. The City of Delray Beach will pay the total sum of $95,000.00
to resolve all outstanding claims regarding its excess judgments,
including attorneys' fees and costs.
2. That upon payment Of same, the Estate of Charlie Brown will
execute appropriate satisfactions of all judgments.
3. The Estate of Charlie Brown will establish the appropriate
guardianship for the minor child involved and, if necessary, any
settlement will be approved by the court.
4. The Estate of Charlie Brown will obtain the appropriate
approval through the claims bill process.regarding the payment
of the settlement monies to the extent required by law.
Kent S. Pratt, Esquire
May 15, 1998
Page Two
Please review the foregoing and advise as to whether this is acceptable to the City of Delray
Beach. Time is of the essence in that I have a substantial amount of work to do to prepare
this case for submission to the Legislature prior to August 1, 1998. I would therefore ask
you to seek approval of the settlement as soon as possible.
Should you have any questions regarding the foregoing, please do not hesitate to contact
me.
(..~/~n:n ur ~.
sm
cc: Kenneth J. Kukec, Esquire
Russell M. Smiley, Esquire
Richard A. Kupfer, Esquire
RADFORD & METHE, PA
Attorneys at Law
RICHARD H. GAUNT, dR.*
January 27, 1998
ST~.PHrN F. RAOF'ORO, JR.
DANIEL C. ME:THE
~ D'Almeid~ Esquire
105 E~t P~me~o P~k Road
Boca Raton, FL 33432
Re: Brown v. Ci~ of Delray Beach
Our File No. 41-105
Dear Mr. D'Almeida:
Please be advised that in response to your recent demand for settlement of all issues relative to the
excess judgments, the City Commissioners for the City of Delray Beach proposed the following
counter-offer:
1. The City of Delray Beach is willing to pay a total sum of $75,000 to resolve
all outstanding claims regarding its excess judgments, including attorneys'
fees and costs.
2. That upon payment of the same, the Plaintiff will execute appropriate
satisfactions of all judgments.
3. That the Plaintiff will have established the appropriate guardianship for the
minor child involved, and that if necessary any settlement be approved by the
Court.
4. That this counter-offer shall not be construed as an admission regarding the
liability of any potential claims bill should this offer not be accepted.
5. That the Plaintiff obtain the appropriate approval through the claims bill
process of the payment of these monies to the extent required by law.
Please advise as to whether or not you and your client are in agreement and accept this counter-offer.
Please understand that at this point it is our belief that a legislative claims bill is needed in order for
the City to pay this sum of money, and the burden is upon you to see that the appropriate paperwork
is accomplished, or alternatively to convince us that a claims bill is not necessary.
SUITE: SOO* HORIZONS BUILOING 1401 FORUM WAY
West Palm Beach, Florida 33401
(561) 6~.0-0330 FAX: (5611
We await you further advise.
Sincerely yours,
Kent S. Pratt
KSP/jmd
c: Susan Ruby, Esquire
[ITY OF DELRrI¥ BErlCH
CITY ATTORNEY'S OFFICE ^v,,,,.,,,
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Linc: 561/243-7091
OELR.~Y 8E,,.C. lV[EMORANDUM
AIl.~i~aC~ DATE: January 14, 1998
~'~ ~ FROM: Susan A. Ruby, City Attorney
SUBJECT: $¢Ixlement of Excess Judgment in the Case of Charlie Brown v. City.
The Plaintiff was injured when he and his bicycle were hit by a hit and mn driver on
Lake Ida Road in 1987. As you may recall, a trial was held in 1996. The jury found
that a special duty was created when an employee of the police department promised to
keep the bicycle tire for use in a civil lawsuit. The police department lost the bicycle
tire, which Plaintiff claimed prevented him from proving the identity of the hit and
mn driver, and thus, kept him from pursuing the otherwise f'mancially responsible party.
The jury reached a verdict of $400,000.00 in the case, with the City responsible for
$300,000.00 and the Plaintiff $100,000.00. The City paid the sovereign immunity cap
of $100,000.00: The Court also entered a judgment in the approximate amount of
$80,000.00 for fees and costs. Interest is running on both judgments. The outstanding
balance on both judgments is over $300,000.00.
We have received a letter indicating that Plaintiff's attorney has retained a Tallahassee
law f'u'm to pursue a claims bill. The Plaintiff has however made an offer to settle the
case for an additional $125,000.00.
I am providing the following information in order to apprise you of the history of the
success of claims bills, so that you can better evaluate the settlement offer. From 1955
through 1996 less than 50% of the claim.q bills passed except for the years 1955, 1957,
1988, 1991, 1995, and 1996. In 1995, 75% of claims bills passed. In 1996, 80% of
the claims bills passed. In 1997, no claims bills were acted upon because new roles
governing claims bills were being developed. In 1995, the 21 approved claims bills, in
the aggregate were awarded 63 % of the amounts claimed. In 1996, the 20 approved
claims bills in the aggregate received 75 % of the dollars asked for. (See attached)
I have analyzed the claims bills for 1996, and it appears that the bills approved were for
direct negligence of the governmental entity and not as in this case, as a result of an
indirect cause of action dealing with lost evidence which hindered a direct claim. We
have checked, and as of this date no claims bill has been filed. The new roles
City Commission
January 14, 1998
Page 2
concerning the processing of claims bills requires the filing of the bill by August 1,
1998, prior to the session, thus, under the new rules the claims bill cannot be considered
during this year's session, unless the Committee on Rules considers the bill an
emergency, or there is a waiver of the rules.
If a claims bill is filed that the City intends to contest, we would be well advised to seek
representation by a Tallahassee law fn-m who is well acquainted with the process. There
of course would be a cost for retaining outside counsel. Pursuant to Fla. Stat. 768.28,
any mount paid by the City over the sovereign immunity cap of $100,000.00 must be
approved by the legislature. However, it is anticipated that an uncontested claims bill
would not cost the City as much for legal representation because our office would
endeavor to do as much as possible in-house.
You may accept or reject the offer of settlement, or you may reject the offer and make a
counter offer of settlement.
By copy of this memorandum to David Harden, City Manager, our office recommends
that this matter be placed on the January 20, 1998 City Commission agenda.
SAR:ci
cc: David Harden, City Manager
Alison MacGregor Harry, City Clerk
Kent Pratt, Esq.
Frank Babin, Risk Manager
Steve Hanzman, Gallagher Bassett
cbrown3.sar
ANNUAL SUMMARY OF ~LL CLAIM BILL ACTIVITY
..IN TbIE FI. ORIDA LEGISLATURE SINCE 1955
Total Number Per~amagc af Peri,enrage of
Y~ar of S~ion Tcaal Number Total Dollar c~f Claims that Total Dollar Claim Bills Eilcd Doilam Ask~l for
ofO-_.laima ~:il~d nanount Claim~t B~cam, Law Amou~ l~id t~,t B~n~n- Law thas ~tcr~ P~id
1955 91 $ 480.258 47 ~ 233,750 52% 49%
1957 68 NVAL 35 NVAL 51% NVAL%
1959 52 198,126 18 75,929 37% 38%
1961 51 345,180 25 83,35tt 49% 24%
1963 83 853,783 37 6t~,666
1965 79 927,t21 31 193.129 39% 215/o
1967 61 1. ] 65,625 30 158,882 49% 14"`/"
1969 119 2,324.588
1970 66 2,841,146 22 488.915
1971 59 2.3~.9,172 16 227,737 27°/° I0"/0
1972 57 2,561,080 12 137,911 21% 5%
1973 65 5,318,182 21 ] 08.943 32% 2"/°
1974 81 8,618.071 27 1.727.334 33"/0 20%
1975 92 15,941,051 14 174,754 1
1976 98 14,456,652 23 356,419 23% 2%
1977 60 20.65t~,799 18 303,480 30% 1
1978 ~.8 25.071.359 9 3 a,7,089 19 % 1
1979 34 19,317.752 3 495,000 9% 2%
1980 35 I0,545,417 14 1,303,124 40% 12%
1981 30 10,116.639 9 1,330,420 30%. 13"/.
1982 29 6,728.843 4 67.441 I
1983 25 6,982,372 8 1.373,509 32%' 200/,
1984. 30 21,344,591 11 6,937,943 37% 33"/,
1985 27 7,014,757 7 776,931 26%:
1986 25 34,595,614 11 2,149,544 44.% 6"/0
1987 24 15,811,117 8 4394,904 33"/0. 28%
1988 27 13,895,845 19 5,077.521 70%~ 37%
1989 25 26,534,354 7 3,933,600 28%. 15%
1990 27 15,907,574 10 7, g38,013 37",/, 49%
! 991 27 24,812,666 17 12,017,251 63%'; 48%
1992 21 12,352,300 8 3,930.606 3
1993 24 26,534,354 11 3,835,837
1994 29 35,051,753 ! 2 ! 0.436.470 4 ] % 30%
1995 28 30,489,004 2
1996 25 3n.,046,261 20 25,424,086 80",'~ 75%
01/15/98 THU 15:28 [TX/RX NO 9039]
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
IASl %&Mt' ilR~1%,~,MI MIDDI( %,~MI: NAMEOF ~ARD,(~UNCII..(DMMINSION. AL;1HORI1Y. OR('OMMllqEE
"l ,if ~Rb. COt)N('II.. ('OMMISSI~N/AU1 HORI1, OR CO2 MI,3'LE ON
I AIEO%~'HK'H OIF(X'CIRREI) MYglTION
WHO MUST FILE FORM 8B
This form is for use by an>' person scr~ ing at the county, cit.',', or other local level of go~-ernmem on an appointed or elected board.
council, commission, aulhorit); or committee, h applies equally to members of advisory and non-advisory bodies who are presented
v,'ith a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law ,*'hen faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1t2.$143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special privale gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal tother than a goYernment agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN I5 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to iRfluence the decision by oral or written communication, whether
made by the'officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should he provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a COnflict of interest'.
FOa~4 ~a- ,~ PACE
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose orally the nature of your conflict in the measure before participating.
· You should complete the form and file it within 15 days after the vote occurs with Ihe p~rson responsible for.recording the minutes
of the meeting, ~'ho should incorporate the form in the minutes.
DISCLOSURE OF LO~AL OFFICER'S INTEREST
ia) A measure came or ~'ill come before my agency which (check one)
~ inured to my special pri~ate gain; or
th} The measur~ befor~ my agency and the nature of my imerest in ~h~ m~asur~ is as foiiow~:
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM I~B- 141 PAGE
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~F. _ REGULAR MEETING OF JULY 7, 1998
SCHEDULE FOR ADOPTION OF FY 1999 BUDGET
DATE: JULY 2, 1998
You may recall that at the organizational meeting last March, the
City Commission approved a change in the regular meeting dates for
the month of September, 1998, to keep us in line with the time
constraints of the TRIM law. This law requires the Commission to
hold its first public hearing on the tentative budget and proposed
millage rate within 80 days of certification of value (September
18th), but not earlier than 65 days after certification (September
3rd). September let is the first Tuesday and would have been our
regular meeting date 1998, but the Commission shifted the meetings
back one week so that the regular meetings would be held on the
second and fourth Tuesdays (9/8/98 and 9/22/98) with the workshop
on the third Tuesday, September 15th. We would then be in
compliance with TRIM requirements.
We have now received the attached notice from the Property
Appraiser indicating that Palm Beach County will be holding a
budget hearing on Tuesday, September 8, 1998. Chapter
200.065(2) (e)2. states that the hearing dates scheduled by the
County Commission and School Board cannot be used by any other
taxing authority within the county for its public hearings. Note
that the School Board has its second budget hearing on Wednesday,
September 9, 1998.
In order to meet TRIM requirements, we must hold our first budget
hearing after September 3rd but before September 18th. The second
and final budget hearing must then be held within 15 days of the
meeting adopting the tentative budget.
As it happens, there are five Tuesdays in the month of September
so one possibility might be to move the meeting dates back one
more week (i.e. the regular meetings would be held on the 3rd and
5th Tuesdays, September 15th & 29th, with a workshop on the 4th
Tuesday, September 22nd.) Another possibility is to change the
days on which the meetings are held from Tuesdays to another day,
although this may be more confusing.
Commission direction is requested.
ref:agmemoll
Ken Wong 0
Tax Roll Coordinator Gary !~ Nikol'~s, CFA
Governmental Center- Fifth Floor Paltn Beach County
301 North Olive Avenue
West Palm Beach, Florida 33401 Property Appraiser
(561)355-2681 Fax: (561)355-3963
MEMORANDUM
To: All Taxing Authorities
From: Ken Wong, Tax Roll Coordinator
Subject: Budget Hearing Dates
Date: June 29, 1998
Please note the following Public Budget Hearing dates:
Palm Beach County Tuesday, September 8, 1998; 7:00 pm
Thursday, September 24, 1998; 7:00 pm
P.B.Co. School Board Monday, July 27, 1998; 7:00 pm
Wednesday, September 9, 1998; 7:00 pm
CITY CLERK
Ch. 200 DETERMINATION OF MILLAGE F.S. 1995 F.S. 1995
(d) "Dependent special district" means a dependent poses, under one heading in the assessment roll to be authority.
special district as defined in s. 189.403(2). Dependent provided for that purpose, and the county commission- shall inc
special district millage, when added to the millage of the ers shall notify the clerk and auditor and tax collector of describin
governing body to which it is dependent, shall not the county of the amounts to be apportioned to the dif- rate whi(
exceed the maximum millage applicable to such govern- ferent accounts out of the total taxes levied for all put- structure
lng body. poses, ments th
(e) 'Independent special district" means an (3) The county depository, in issuing receipts to the which in,
independent special district as defined in s. 189.403(3), tax collector, shall state in each of his or her receipts, ments b/
with the exception of a downtown development author- which shall be in duplicate, the amount deposited to to geogn
ity established prior to the effective date of the 1968 each fund out of the deposits made with it by the tax col- ad valor¢
State Constitution as an independent body, either lector. When any such receipts shall be given to the tax levied dt
appointed or elected, regardless of whether or not the collector by the county depository, the tax collector shall known a
budget ~s approved by the local governing body, if the immediately file one of the same with the clerk and audi- vided pu
district levies a millage authorized as of the effective tor of the county, who shall credit the same to the tax the tax (
date of the 1968 State Constitution. Independent special collector with the amount thereof and make out and it is sent
district mdla9e shall not be levied in excess of a millage deliver to the tax collector a certificate setting forth the (2) N
amount authorized by general law and approved by vote payment in detail, as shown by the receipt of the county ordinanc
of the electors pursuant to s. 9(b), Art. VII of the State depository, of the t~
Constitution. except for those independent special dis- (4) The county commissioners and school board must be
tricts levying millage for water management purposes shall file written statements with the property appraiser the folio,
as provided in that section and municipal service taxing setting forth the boundary of each special school district (a)t.
units as specified in s. 125.01(1)(q) and (r). However, and the district or territory in which other special taxes prior to
independent special district millage authorized as of the are to be assessed, and the property appraiser shall, comput(
date the 1968 State Constitution became effective need upon receipt of such statements and orders from the tentativ(
not be so approved, pursuant to s. 2, Art. Xlt of the State board of county commissioners and school board set- be fund~
Constitution ting forth the rate of taxation to be levied on the real and computi
authorit,
(f) "Voted millage" or "voted levies" means ad personal property therein, proceed to assess such prop-
valorem taxes in excess of maximum millage amounts erty and enter the taxes thereon in the assessment rolls able val.
2.
authorized by law approved for periods not longer than to be provided for that purpose, shall be
2 years by vote of the electors pursuant to s. 9(b), Art. (5) The property appraiser shall designate and sepa-
VII of the State Constitution or ad valorem taxes levied rately identify by certificate to the tax collector the rate 129.03.
for purposes provided in s. 12, Art. VII of the State Con* of taxation to be levied for the use of the county and 3. '1
stitution "Voted millage" does not include levies school board and the total rate of taxation for alt other be prep
approved by voter referendum not required by general taxing authorities in the county. 237, pr(
later th~
law or the State Constitution. (6) The board of county commissioners shall certify subsec~
(g) 'Aggregate millage rate" means that millage rate to the property appraiser and tax collector the millage 4.
obtained from the quotient of the sum of all ad valorem rates to be levied for the use of the county and special school <
taxes levied by the governing body of a county or munic- taxing districts, boards, and authorities and all other tax- final bu
ipality for countywide or municipality-wide purposes, lng units within the county for which the board of county cable I:
respectively, plus the ad valorem taxes levied for all dis- commissioners is required by law to levy taxes. The dis- applica
tricts dependent to the governing body divided by the trict school board, each municipality, and the governing dures ¢
total taxable value of the county or municipality, board or governing authority of each special taxing dis-
History. s 9ch 73-349;S 27. ch 80-274:S. 13. ch 82 154:S 9ch 83-204: (b)
s 60. ch 83-21:z ss 1. 2 ch 86-153; S. 3, ch 87-103: s 6 ch. 87 239 s 57 ch trict or other taxing unit within the county the taxes of to subs
89 169 s ~ ~:h 9{} ~,'2 s 43. ch. 90-288: s 51. ch 94 232 which are assessed on the tax roll prepared by the prop- propert
Note. Fo,me, s 200191 erty appraiser, but for which the board of county com- rolled-I
200.011 Duty of county commissioners and school missioners is not required by law to levy taxes, shall cer- and of
board in setting rate of taxation.-- tify to the property appraiser and tax collector the lng wilt
(1) The county commissioners shall determine the millage rate set by such board, municipality, authority, and th~
amount to be raised for all county purposes, except for special taxing district, or taxing unit. The certifications utilize
county school purposes, and shall enter upon their min- required by this subsection shall be made within 30 days posed
utes the rates to be levied for each fund respectively, after the value adjustment board adjourns, tine for
History.---s 2. ch 4885. 1901; GS 532: s 30, ch 5596. 1907 RGS 731 CGL 931;
together with the rates certified to be levied by the s. 6. ch. 20722.1941: s 1.ch 67-227:s.l.ch 67-512;ss 2 ch 69-55;s .ch after c~
board of county commissioners for use of the county, 69 300: s 36 ch 71 355: s 18. ch 76-133; s 1, ch 77-102 s 1, ch 77-248; S 10 day
90 ch 79 400: s 71, ch 82 226: s 164. ch 91-112: s 1048, ch 95 147
special taxing district, board, agency, or other taxing Note.--Formor s 1933~ the iht,
unit within the county for which the board of county com- tuted. '
missioners is required by law to levy taxes. ~200,065 Method of fixing millage,-- proper
(2) The county commissioners shall ascertain the (1) Upon completion of the assessment of all prop- appro~
aggregate rate necessary to cover alt such taxes and erty pursuant to s. 193.023, the property appraiser shall subse~
certify the same to the property appraiser within 30 days certify to each taxing authority the taxable value within exten¢
after the adjournment of the value adjustment board, the jurisdiction of the taxing authority. This certification shall I:
The property appraiser shall carry out the full amount of shall include a copy of the statement required to be sub- which
taxes for all county purposes, except for school pur- mitred under s. 195.073(3), as applicable to that taxing taxes,
1520
1995 DETERMINATION OF MILLAGE Ch. 200
authority. The form on which the certification is made any taxing authority fails to provide the information
;hall include instructions to each taxing authority required in this paragraph to the property appraiser in
~escribing the proper method of computing a millage a timely fashion, the taxing authority shall be prohibited
te which, exclusive of new construction, additions to from levying a millage rate greater than the rolled-back
;tructures, deletions, increases in the value of improve- rate computed pursuant to subsection (1) for the
merits that have undergone a substantial rehabilitation upcoming fiscal year, which rate shall be computed by
~hich increased the assessed value of such improve- the property appraiser and used in preparing the notice
by at least 100 percent, and property added due of proposed property taxes.
geographic boundary changes, will provide the same (c) Within 80 days of the certification of value pursu-
valorem tax revenue for each taxing authority as was ant to subsection (1), but not earlier than 65 days after
during the prior year. That millage rate shall be certification, the 9overning body of each taxing authority
known as the "rolled-back rate." The information pro- shall hold a public hearing on the tentative budget and
vided pursuant to this subsection shall also be sent to proposed millage rate. Prior to the conclusion of the
.the tax collector by the property appraiser at the time hearing, the governing body of the taxing authority shall
it is sent to each taxing authority, amend the tentative budget as it sees fit, adopt the
(2) No millage shall be levied until a resolution or amended tentative budget, recompute its proposed
race has been approved by the gover.nin9 board millage rate, and publicly announce the percent, if any,
of the taxing authority which resolution or ordinance by which the recomputed proposed millage rate
be approved by the taxing authority according to exceeds the rolled-back rate computed pursuant to
the following procedure: subsection (1). That percent shall be characterized as
"~' (a)l. Upon preparation of a tentative budget, but the percentage increase in property taxes tentatively
. Pdor to adoption thereof, each taxing authority shall adopted by the governing body.
compute a proposed millage rate necessary to fund the (d) Within 15 days of the meeting adopting the ten-
tentative budget other than the portion of the budget to tative budget, the taxing authority shall advertise in a
be funded from sources other than ad valorem taxes. In newspaper of general circulation in the county as pro-
COmputing proposed or final millage rates, each taxing vided in subsection (3), its intent to finally adopt a
i authority shall utilize not less than 95 percent of the tax- millage rate and budget. A public hearing to finalize the
· able value certified pursuant to subsection (1). budget and adopt a millage rate shall be held not less
:' 2. The tentative budget of the county commission than 2 days or more than 5 days after the day that the
shall be prepared and submitted in accordance with s. advertisement is first published. During the hearing, the
129.03. governing body of the taxing authority shall amend the
,:'3. The tentative budget of the school district shall adopted tentative budget as it sees fit, adopt a final
and submitted in accordance with chapter budget, and adopt a resolution or ordinance stating the
237, provided that the date of submission shall not be millage rate to be levied. The resolution or ordinance
later than 24 days after certification of value pursuant to shall state the percent, if any, by which the millage rate
subsection (1). to be levied exceeds the rolled-back rate computed pur-
.; 4. Taxing authorities other than the county and suant to subsection (1), which shall be characterized as
school district shall prepare and consider tentative and the percentage increase in property taxes adopted by
final budgets in accordance with this section and appli- the governing body. The adoption of the budget and the
cable provisions of law, including budget procedures millage-levy resolution or ordinance shall be by sepa-
applicable to the taxing authority, provided such proce- rate votes. The millage-levy resolution or ordinance shall
dures do not conflict with general law. be publicly read in full prior to its adoption. In no event
(b) Within 35 days of certification of value pursuant may the millage rate adopted pursuant to this paragraph
to subsection (1), each taxing authority shall advise the exceed the millage rate tentatively adopted pursuant to
appraiser of its proposed millage rate, of its paragraph (c). If the rate tentatively adopted pursuant
rate computed pursuant to subsection (1), to paragraph (c) exceeds the proposed rate provided to
z date, time, and place at which a public hear- the property appraiser pursuant to paragraph (b), or as
lng will be held to consider the proposed .millage rate subsequently adjusted pursuant to subsection (10),
and the tentative budget. The property appraiser shall each taxpayer within the jurisdiction of the taxing
this information in preparing the notice of pro- authority shall be sent notice by first-class mail of his or
:posed property taxes pursuant to s. 200.069 The dead- her taxes under the tentatively adopted millage rate and
~!ine for mailing the notice shall be the later of 55 days his or her taxes under the previously proposed rate. The
certification of value pursuant to sLJbsection (1) or notice shall be prepared by the property appraiser, at
either the date the tax roll is approved or the expense of the taxing authority, and shall generally
interim roll procedures under s. 193.1145 are insti- conform to the requirements of s. 200.069. In the event
If the deadline for mailing the notice of proposed such additional notice is necessary, its mailing shall pre-
taxes is 10 days after the date the tax roll is cede the hearing held pursuant to this paragraph by not
r the interim roll procedures are instituted, all less than 10 days and not more than 15 days.
deadlines provided in this section shall be (e)l. In the hearings required pursuant to para-
The number of days by which the deadlines graphs (c) and (d), the first substantive issue discussed
be extended shall equal the number of days by shall be the percentage increase in millage over the
the deadline for mailing the notice of proposed rolled-back rate necessary to fund the budget, if any,
is extended beyond 55 days after certification. If and the specific purposes for which ad valorem tax reve-
1521
Ch. 200 DETERMINATION OF MILLAGE F.S. 199~
hues are being increased. During such discussion, the graph (d), only if the fiscal year of the taxing authority
governing body shall hear comments regarding the pro- begins prior to adoption of the final budget or, in the
posed increase and explain the reasons for the pro- case of a school district, if the fall term begins prior to
posed increase over the rolled-back rate. The general adoption of the final budget; or
public shall be allowed to speak and to ask questions 2. Readopt its prior year's adopted final budget, as
' prior to adoption of any measures by the governing amended, and expend moneys based on that budget
body. The governing body shall adopt its tentative or until such time as its tentative budget is adopted pursu-
final millage rate prior to adopting its tentative or final ant to paragraph (c), only if the fiscal year of the taxing
budget, authority begins prior to adoption of the tentatiVe
2. These hearings shall be held after 5 p.m. if budget. The readopted budget shall be adopted by res-
scheduled on a day other than Saturday. No hearing olution without notice pursuant to this section at a duly
shall be held on a Sunday. The county commission shall constituted meeting of the governing body.
not schedule its hearings on days scheduled for hear- (3) The advertisement shall be no less than one-
ings by the school board. The hearing dates scheduled quarter page in size of a standard size or a tabloid size
by the county commission and school board shall not be newspaper, and the headline in the advertisement shall
utilized by any other taxing authority within the county be in a type no smaller than 18 point. The advertisement
for its public hearings. A multicounty taxing authority shall not be placed in that portion of the newspaper
shall make every reasonable effort to avoid scheduling where legal notices and classified advertisements
hearings on days utilized by the counties or school dis-
appear. The advertisement shall be published in a news-
tricts within its jurisdiction. Tax levies and budgets for paper of general paid circulation in the county or in a
dependent special taxing districts each shall be sepa- geographically limited insert of such newspaper. The
rately discussed and separately adopted at the hearings geographic boundaries in which such insert is circulated
for the taxing authority to which such districts are
shall include the ge(~graphic boundaries of the taxing
dependent, following such discussion and adoption of
levies and budgets for the superior taxing authority. If, authority. It is the legislative intent that, whenever possi-
due to circumstances beyond the control of the taxing ble, the advertisement appear in a newspaper that is
authority, the hearing provided for in paragraph (d) is published at least 5 days a week unless the only news-
recessed, the taxing authority shall publish a notice in paper in the county is published less than 5 days a
a newspaper of general paid circulation in the county, week, or that the advertisement appear in a geographi-
The notice shall state the time and place for the continu- cally limited insert of such newspaper which insert is
ation of the hearing and shall be published at least 2 published throughout the taxing authority's jurisdiction
days but not more than 5 days prior to the date the hear- at least twice each week. It is further the legislative
lng will be continued, intent that the newspaper selected be one of general
(01. Notwithstanding any provisions of paragraph (c) interest and readership in the community and not one
to the contrary, each school district shall advertise its of limited subject matter, pursuant to chapter 50.
intent to adopt a tentative budget in a newspaper of (a) For taxing authorities other than school districts
general circulation pursuant to subsection (3) within 29 which have tentatively adopted a millage rate in excess
days of certification of value pursuant to subsection (1). of 100 percent of the rolled-back rate computed pursu-
Not less than 2 days or more than 5 days thereafter, the ant to subsection (1), the advertisement shall be in the
district shall hold a public hearing on the tentative following form:
budget pursuant to the applicable provisions of para-
'; graph (c). NOTICE OF TAX INCREASE
2. Notwithstanding any provisions of paragraph (b)
to the contrary, each school district shall advise the The._~_,a,~e o~e~a~,~ has tentatively adopted a
property appraiser of its recomputed proposed millage measure to increase its property tax levy by ~
rate within 35 days of certification of value pursuant to of increase over roiled-back rateb percent.
subsection (1). The recomputed proposed millage rate All concerned citizens are invited to attend a public
of the school district shall be considered its proposed hearing on the tax increase to be held on ~
millage rate for the purposes of paragraph (b). at ~.
3. Notwithstanding any provisions of paragraph (d) A FINAL DECISION on the proposed tax increase and
to the contrary, each school district shall hold a public the budget will be made at this hearing.
hearing to finalize the budget and adopt a millage rate
within 80 days of certification of value pursuant to sub- (b) In all instances in which the provisions of para-
iti section (1), but not earlier than 65 days after certifica- graph (a) are inapplicable for taxing authorities other
~ tion. The hearing shall be held in accordance with the than school districts, the advertisement shall be in the
'i applicable provisions of paragraph (d), except that a following form:
:' newspaper advertisement need not precede the hear-
lng. NOTICE OF BUDGET HEARING
i; (g) Notwithstanding other provisions of law to the
contrary, a taxing authority may: The name o! taxin authori has tentatively adopted a
1. Expend moneys based on its tentative budget budget for ~. A public hearing to make a FINAL
after adoption pursuant to paragraph (c) and until such DECISION on the budget AND TAXES will be held on
time as its final budget is adopted pursuant to para- ~ at ~.
1522
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA ITEM # ~'- REGULAR MEETING OF JULY 7, 1998
APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES
DATE: JULY 1, 1998
Robert Levitt's term on the Police and Fire Board of Trustees
expired on June 30, 1998. Mr. Levitt was appointed to his
initial term on June 18, 1996. He is eligible and would like to
be considered for reappointment. The term is for two years,
ending June 30, 2000.
In accordance with Section 33.65(A) (2) of the City Code, two
public members of the Board of Trustees are appointed by the City
Commission. Members need not be residents, property owners or
business owners within the city. The appointee must take an oath
of office.
The following have submitted applications for consideration:
Melvin Hirth
Robert Levitt (incumbent)
John Swinford
A check for code violations and/or municipal liens was conducted.
None were found.
Based on the rotation system, the appointment will be made by
Commissioner Randolph (Seat #4).
Recommend appointment of a member to the Police and Fire Board of
Trustees for a two year term ending June 30, 2000.
ref: agmemo7 ~Z~)//7~ ~/~d)/~I~P(D
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING -. JULY 7, 1998 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9.H. HART V. CITY/APPOINTMENT OF OUTSIDE COUNSEL: Consider
approval of the appointment of Leonard Carson of the firm of
Carson & Adkins to represent the City in the referenced
matter.
ref:ADDENDUM
[ITY DF I)ELRRY BEI:IgH
CITY ATTORNEY'S OFFICE ~°° ~ ~' ^¥~' ~'~'¥ ~^~", ~°~'~^
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
F t 0 R I D A
AII.A.wica City MEMORANDUM
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Hart v. City
A complaint has been filed and served against the City alleging a violation of 42 U.S.C.
1983 Civil Rights Statute for sexual harassment and for negligent retention and
supervision. Our office recommends the appointment of Leonard Carson, of the firm of
Carson & Adkins, at the rate of $100.00 per hour, to represent the City in this case.
By copy of this memorandum to David Harden, City Manager, our office requests that
the agenda for July 7, 1998 be amended to include this matter.
SAR:ci
cc: David Harden, City Manager
Alison Harty, City Clerk
Chief Richard Overman, Delray Beach Police Department
Cathy Kozol, Police Legal Advisor
Steve Hanzman, Gallagher Bassett
Frank Babin, Risk Manager
hart2.sar
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MJ~AGER~
ORDINANCE NO. 24-98 (FIRST READING & TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 98-1)
DATE: JULY 2, 1998
Attached is information related to Ordinance No. 24-98 which will
ultimately adopt Comprehensive Plan Amendment 98-1. As required,
a public hearing was advertised for the purpose of accepting
testimony as well as authorization to transmit the proposed
amendment to the Department of Community Affairs for review.
Subsequent to that, we received the attached letter from Mr.
Christensen, President of the Seacrest Homeowners Association,
asking for a postponement until the July 21st meeting.
A good portion of Plan Amendment 98-1 is related to changes
brought about by the adoption of the Seacrest/Del-Ida Park
Neighborhood Plan, and the residents have followed the process
closely. In the past, the Commission has generally seen fit to
approve a postponement to the next regular meeting.
In view of this, I recommend that the transmittal hearing for
Comprehensive Plan Amendment 98-1 be continued to the date certain
of July 21, 1998.
G
ref:agmemol2
Jul-O2-g8 09:22 Executive Office 561-274-2028 P.O1
SEACREST NEIGHBORHOOD ASSOCIATION
10 NORTHEAST 13TH STREET
DELRA]~ BEACH, FLORIDA 3 34 44
VIA FAX # 243-7166
City Manager David Harden
Delray Beach City Hall
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
As discussed, the Seacrest Neighborhood Association is most
interested in having a strong contingence at the City Commission
Meeting, at which time the final adoption of the Seacrest/Del-Ida
Neighborhood Plan will be held. If possible, we would request
that the City Commission hearing for final adoption be scheduled
during the July 21, 1998 Commission Meeting.
We appreciate all of the efforts of the various city departments
and staff that have provided valuable insight into development of
our plan. We look forward to implementing the Seacrest/Del-Ida
Neighborhood Plan as we have discussed.
Thank you for your consideration on this matter.
Scott Christensen
cc: Mayor Alperin
Commissioner Ellingsworth
Commissioner Randolph
Commissioner Egan
Commissioner Schmidt
TO: DAVID T. HARDEN
CITY MANAGER
FROM PAUL DORLINGJJ[CTING DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY 7. 1998
ORDINANCE NUMBER 24-98 FIRST READING AND
TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 98-1
** PUBLIC HEARING **
The City Commission initiated Comprehensive Plan Amendment 98-1 on May 5,
1998. The proposed amendment contains:
· Changes related to the adoption of the SeacrestJLake Ida Neighborhood
Plan, including text amendments and Future Land Use Map amendments.
· Changes related to the preparation of a program to preserve, or mitigate the
development of, Hurricane Pines (environmental site along S.E. 10th Street).
· Corrective Future Land Use Map (FLUM) amendments related to the road
alignment in the Citation Club and Hammock Reserve developments. The
FLUM amendments consist of two parcels, each containing 0.36 acres, one
of which will be changed from TRN (Transitional) to LD (Low Density
Residential, and the other from LD to TRN.
The Planning and Zoning Board considered this item at a public hearing on June
15, 1998. A three-part public hearing was held, with the following results:
Citation Club/Hammock Reserve FLUM Amendments
No public testimony was received. After discussion, the Board voted 7-0 to
approve the proposed FLUM amendments, along with the associated rezoning
requests.
City Commission Documentation
Ordinance Number 24-98 - First Reading and Transmittal of Comprehensive Plan Amendment 98-1
Page 2
Seacrest/Lake Ida Neighborhood FLUM Amendments
Two property owners with duplexes in the area inquired if the duplexes would be
allowed to remain. They were told that the duplexes could continue as non-
conforming uses as long as they did not cease for 180 days. Two neighborhood
residents, including the president of the Seacrest Homeowners Association
spoke in favor of the FLUM amendments and rezonings.
There was extensive discussion by the Board regarding the FLUM amendments
and related down zoning and their effect of creating non-conforming uses. The
discussion centered on the ability to rebuild the non-conforming structures
should they be destroyed, and not be covered by LDR Section 1.3.8,
Reconstruction Necessitated by An Act of God. If the destruction were
deemed not be an "Act of God", the duplexes and multifamily structures could
not be rebuilt, thereby creating a hardship for the property owners. It was noted
by staff that all of the multi-family structures and most of the duplexes are
already non-conforming with respect to density, lot size, lot area or unit size. As
such, these structures are already subject to the provisions of LDR Article 1.3,
NonConformin~l Uses, Lots and St.ru.ctures. If these structures were
destroyed by something other than an "Act of God", they could not currently be
re-constructed. Rezoning will, therefore make no changes to the existing status
of these structures with respect to the ability to rebuild. Two Board members
also felt that creating non-conforming uses would create a disincentive to
improve the properties.
The Board recommended denial of the FLUM Amendments and associated
rezonings on a vote of 5 to 2 (Archer and Schwartz dissenting).
Text Amendments and Transmittal of the Overall Plan Amendment
No public testimony was received related to the proposed text amendments,
related to the adoption of the Seacrest Neighborhood Plan and the preparation
of a program to preserve, or mitigate the development of the Hurricane Pines
site. After discussion, the Board voted (7-0) to recommend that the City
Commission transmit Comprehensive Plan Amendment 98-1, containing the
material in the staff report except the FLUM amendments related to the
Seacrest/Lake Ida neighborhood.
By motion, approve Ordinance Number 24-98 on first reading and transmit
Comprehensive Plan Amendment 98-1 for State review, containing the material
in the attachment.
City Commission Documentation
Ordinance Number 24~98 - First Reading and Transmittal of Comprehensive Plan Amendment 98-1
Page 3
It should be noted that the recommended action differs from that of the Planning
and Zoning Board, in that it includes the Seacrest/Lake Ida neighborhood FLUM
amendments.
Attachments: Proposed Comprehensive Plan Amendment 98-1
Planning and Zoning Board Staff Report
S:~adv~comp\98CC1
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: June 15, 1998
AGENDA ITEM: IV A. RECOMMENDATION TO THE CITY COMMISSION
REGARDING TRANSMITTAL OF
COMPREHENSIVE PLAN AMENDMENT 98-1 "
ITEM BEFORE THE BOARD:
The item before the Board is that of recommending to the City Commission those
items that should be transmitted to the Florida Department of Community Affairs
as part of Comprehensive Plan Amendment 98-1.
BACKGROUND:
The City Commission initiated Comprehensive Plan Amendment 98-1 on May 5,
1998. In the initiation motion, all of the Planning and Zoning Board's
recommendations of April 20, 1998 were approved.
The proposed amendment contains:
· Changes related to the adoption of the Seacrest/Lake Ida Neighborhood
Plan, including text amendments and Future Land Use Map amendments.
· Changes related to the preparation of a program to preserve, or mitigate tee
development of, Hurricane Pines (environmental site along S.E. 10th Street).
· Corrective Future Land Use Map amendments related to the road alignment
in the Citation Club and Hammock Reserve developments.
RECOMMENDED ACTION:
By motion, recommend that the City Commission transmit to the Florida
Department of Community Affairs, proposed Comprehensive Plan Amendment
98-1, containing the material in the staff report and attachment.
Attachment: Proposed Comprehensive Plan Amendment 98-1
S:~adv~7.omp\981 PZ1
ORDINANCE NO. 24-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
AMENDMENT 98-1 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA STATUTES
SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT 98-1" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority
granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, known as the "Local Government
Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission
adopted the document entitled "Comprehensive Plan - Delray Beach,
Florida"; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, did prepare an amendment to the Comprehensive Plan entitled
"Comprehensive Plan Amendment 98-1"; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, following due public notice, held a public hearing on June
15, 1998, in accordance with the requirements of the "Local
Government Comprehensive Planning and Land Development Regulation
Act"; and
WHEREAS, after the above referenced public hearing, the
Planning and Zoning Board, as Local Planning Agency, recommended to
the City Commission that the proposed Comprehensive Plan Amendment
98-1 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 98-1 was
submitted to and reviewed by the City Commission; and
WHEREAS, following due public notice, the first of two
required public hearings on Comprehensive Plan Amendment 98-1 was
held by the City Commission on July 7, 1998, at which time it was
authorized to be transmitted to the Department of Community Affairs
for required review; and
WHEREAS, a report of Objections, Recommendations and
Comments (ORC) has been received from the State Department of
Community Affairs and said report has been reviewed by the Planning
and Zoning Board, as Local Planning Agency; and
WHEREAS, following due public notice, the second of two
required public hearings on Comprehensive Plan Amendment 98-1 was
held on , in accordance with statutory requirements.
NOW, THEREFORE, BE IT ORDAINED 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, hereby declares its intent to exercise the authority
granted pursuant to the provisions of Florida Statutes Sections
163.3161 through 163.3243, inclusive, known as the "Local Government
Planning and Land Development Regulation Act".
Section 2. That in implementation of its declared intent
as set forth in Section 1 of this ordinance, there is hereby adopted
the document entitled "Comprehensive Plan Amendment 98-1", which is
attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the document entitled "Comprehensive Plan
- Delray Beach, Florida" is hereby amended pursuant to the document
entitled "Comprehensive Plan Amendment 98-1".
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective upon
the date a final order is issued by the Department of Community
Affairs finding the amendment to be in compliance in accordance with
Chapter 163.3184, F.S.; or the date a final order is issued by the
Administration Commission finding the amendment to be in compliance
in accordance with Chapter 163.3184, F.S.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
M A Y O R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 24-98
,..q"'~/¢ ~, /99~
WE THE UNDERSIGNED AS BUSINESS AND PROFESSIONAL PEOPLE
LOCATED IN THE CENTRAL BUSINESS DISTRICT OF DELRAY BEACH,
FLORIDA WISH TO EXPRESS OUR SUPPORT FOR THE CAFE TABLES TO
REMAIN OUTSIDE OF GOODNESS GRACIOUS CAFE LOCATED AT 514 EAST
ATLANTIC AVENUE.
GOODNESS GRACIOUS CAFE IS A RESPECTED, WELL ESTABLISHED
BUSINESS. THE CAFE TABLES HAVE BEEN LOCATED ON THE 500 BLOCK
OF ATLANTIC AVENUE FOR THE PAST FOUR YEARS AND ATTRACT CUSTOMERS
TO OUR AREA. THE CAFE IS VERY BUSY IN SEASON AND THESE TABLES
ARE ALWAYS BUSY. WE FEEL CUSTOMERS WOULD BE INCONVIENIECED BY
WAITING IN THE SUN FOR ANOTHER TABLE INSTEAD OF ENJOYING THEIR
FAVORITE OUTDOOR TABLE.
THANK YOU!
NAM.E ,/? BUSINESS AND ADDRESS
CITY COMMISSION DOCUMENTATION
FROM: PAUL DORLING, AC(/I'I~IG DIRECTOR OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY 7. 1998
APPROVAL OF AN AMENDMENT TO THE LAND DEVELOPMENT
s c ,o.
[ J
Sidewalk cafes, located in the public right-of-way, have become an important aspect of the
revitalization of the downtown. Their expanding presence, while desirable, has highlighted the
need for additional controls to assure that the public sidewalks are kept clean, safe and orderly,
and that a clear pedestrian pathway is maintained. The proposed changes to the Land
Development Regulations (LDR) address these issues as follows:
The required five foot wide clear pathway for pedestrian traffic is clarified to be parallel to the
street.
Tables and chairs are required to be moved inside the building or stacked neatly against the
building at the close of each business day.
· The sidewalk is required to be cleaned, including stains, each day.
The area in which sidewalk cafes may be permitted is expanded to include all zoning districts'
in which restaurants are allowed.
The permissibility of menu boards is clarified to be limited to those located on tables.
· Required insurance coverage is increased from $300,000 to $1,000,000.
·An applicability section is added whereby the regulations apply to existing and proposed
sidewalk cafes, and gives existing cafes 90 days in which to comply.
·The requirement to submit a site plan is changed to a sketch plan, which is less expensive to
produce.
Additional background and analysis can be found in the attached Planning and Zoning Board
Staff Report.
[ PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board considered the text amendment at a public hearing on June 15,
1998. Testimony was received from Mr. Steven Pizzi, who objected to proposed changes that
would have limited the location of the clear pedestrian path to the street side of the sidewalk,
requiring all tables to be located on the portion of the sidewalk closest to the building. In
discussion, the Board agreed to eliminate that provision in favor of one that requires only that the
pedestrian path be parallel to the street. The Board also determined that the current level of
insurance coverage required is insufficient, and recommended it be changed to $1,000,000,
consistent with other cities which allow sidewalk cafes. The Board then recommended approval
of the amendment, on a 6-1 vote (Robin Bird dissenting), with the modifications discussed. The
text as recommended by the Planning and Zoning Board is shown in Attachment
I I
By motion, approve the attached amendment to LDR Section 6.3.3, Sidewalk Cafes, based on
positive findings with respect to LDR Section 2.4.5(M)(5).
Attachment *A"
S:~adv~cafe6 ~ /''~
ORDINANCE NO. 25-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE
AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION
6.3.3, SIDEWALK CAFE", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING
AN APPLICABILITY SECTION; PROVIDING THAT A SKETCH
PLAN AS OPPOSED TO A SITE PLAN SHALL BE SUBMITTED
WITH A PERMIT APPLICATION; EXPANDING THE GEOGRAPHIC
AREA IN WHICH A SIDEWALK CAFE MAY BE PERMITTED TO
INCLUDE ALL ZONING DISTRICTS IN WHICH RESTAURANTS
ARE ALLOWED; AMENDING THE REGULATIONS GOVERNING THE
USE, DESIGN AND MAINTENANCE OF A SIDEWALK CAFE;
PROVIDING FOR AN INCREASE IN THE AMOUNT OF
INSURANCE COVERAGE REQUIRED TO BE FURNISHED BY A
PERMITTEE; PROVIDING 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 15, 1998, and forwarded the change with a recommendation of
approval by a vote of 6 to 1; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change 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 Six, "Infrastructure and Public
Property", Article 6.3, "Use and Work in the Public Right-of-Way",
Section 6.3.3, "Sidewalk Cafe", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables
and chairs and permitted decorative and accessory devices situated
and maintained upon the sidewalk and used for the consumption of food
and beverages sold to the public from an adjoining business.
Sidewalk cafes allowed only when in compliance with this section.
(A) Permit Required: It shall be unlawful for any person
to establish a sidewalk cafe at any site unless a valid permit to
operate a sidewalk cafe has been obtained for that site, from the
City pursuant to this section. The permit shall be requested on a
form which shall be provided by the City Engineer upon request. No
permit shall be issued until all the requirements of the section have
been met. Permits shall not be transferable.
(B) Applicability: The provisions of this section shall
apply to all existinq and proposed sidewalk cafes located within a
street riqht-of-way. However, sidewalk cafes which exist as of July
1, 1998, shall have 90 days to comply with the provisions of this
section, includinq the requirement to obtain a permit.
(~) Required Information: In addition to the required
permit application and permit fee, the following must be provided at
the time the application is submitted:
(1) A copy of a valid occupational license;
(2) A ~6 sketch plan of the area between the store
front and vehicular travel surface, drawn to a minimum scale of 1" =
10' which shows:
** The store front and all openings (doors,
windows);
** The location of curb, sidewalk, and any
utility poles, fire hydrants, landscaping,
or other items within the right-of-way and
private property, between the curb and the
store front;
** The location of any of the above items which
are within six feet (6') of the ends of the
proposed use area; and the location of
parking spaces (or use of the street)
adjacent to the proposed use area;
** Clear delineation of the boundary between
private property and the right-of-way;
** Delineation of "clear pathways" and "clear
distances" as required by subsection (5);
** Proposed location of chairs, tables, and
other private features;
** Photographs and/or manufacturer brochures
depicting the chairs, tables, umbrellas and
other private features including, but not
limited to, lighting to be used in the
proposed sidewalk cafe area.
(3) Proof of insurance and a hold harmless agreement
in a form acceptable to the City Attorney.
- 2 - Ord. No. 25-98
(~) Processing: The City Engineer shall review the permit
application for compliance with this section and shall issue permits
accordingly. The action of the City Engineer may be appealed
pursuant to Section 2.4.7(E).
(~) Geographic Limitation: A permit for a sidewalk cafe
~ may be issued within those zoninq districts which allow
restaurants, subject to any limitations or restrictions of the
particular district.~/~~/~/~~/~6~/~~/~Y
(~E) Regulations GoVerning the Use, Design and Maintenance
of a Sidewalk Cafe:
(1) A sidewalk cafe shall only be established in
conjunction with a legally established restaurant and/or takeout food
store, where the food product is prepared, processed or assembled on
the premises (for example: deli, ice cream store, sandwich shop).
(2) A sidewalk cafe may only be established in front
of the business and such businesses immediately adjacent to the
business with which the sidewalk cafe is associated. The sidewalk
cafe operator must receive the permission, in a form acceptable to
the City, from adjacent businesses before establishing the sidewalk
cafe in front of such adjacent businesses.
(3) Alcoholic beverages may be consumed at a sidewalk
cafe.
(4) The use of the tables and chairs at a sidewalk
cafe shall be only for the customers of the business with which the
sidewalk cafe is associated.
(5) A clear pathway, parallel with the street, with a
minimum width of five feet (5') shall be maintained for through
pedestrian traffic. A greater width may be required as a condition
of approval.
(6) A clear distance with a minimum of five feet (5')
shall be provided from any alley, crosswalk, fire hydrant, or similar
situation. A greater clear distance may be required as a condition
of approval.
(7) In addition to previously approved business
signs, the sidewalk cafe may have the following advertising signs: ~
menu boards on the tables and logos upon table umbrellas. These
items shall not require further Site Plan Review and Appearance Board
approval and are an exemption to requirements with the City's sign
code.
- 3 - Ord. No. 25-98
(8) Use area and/or seating capacity realized through
a sidewalk cafe use and contiguous outdoor dining areas shall not
invoke provisions of the zoning code as they pertain to parking or
other matters.
(9) Food may be carried to tables by patrons or
served by a table waiter. Food shall not be prepared in the sidewalk
cafe area.
(10) Hours of operation shall be the same as the
associated businesses.
(11) The permit may be suspended upon written notice
of the City Manager or his/her designee of the sidewalk cafe, and
removal may be ordered by the City when repairs necessitate such
action. The City, however, may immediately remove or relocate all or
parts of the sidewalk cafe or order said removal or relocation in
emergency situations, without written notice.
(12) Tables, chairs, umbrellas, and any other objects
provided within a sidewalk cafe shall be maintained in a clean and
attractive manner and shall be in good repair at all times, ensuring
a tidy and neat appearance. Tables and chairs shall be moved inside
the buildinq, or stacked neatly aqainst the buildinq, at the close of
each business day.
(13) The sidewalk area covered by the permit shall be
maintained in a neat and orderly manner at all times and the area
shall be cleared of all debris and stains on a periodic basis during
the day and again at the close of each business day, ensuring a tidy
appearance.
(14) No tables, chairs, or any other part of sidewalk
cafes shall be attached, chained, or in any manner affixed to any
tree, post, sign or other fixtures, curb or sidewalk within or near
the permitted area.
(Fa) Liability and Insurance:
(1) Prior to the issuance of a permit, the applicant
shall furnish a signed statement that the permittee shall hold
harmless the City, its officers and employees and shall indemnify the
City, its officers and employees from any claims for damages to
property or injury to persons which may be occasioned by any activity
carried on under the terms of the permit.
- 4 - Ord. No. 25-98
(2) Permittee shall furnish insurance and insurance
certificate and maintain such public liability, food products
liability, and property damage insurance from all claims and damages
to property or bodily injury, including death, which may arise from
operations under the permit or in connection therewith. Such
insurance shall provide coverage of not less than one million dollars
($1,000,000) ~ /~~ /~~ /~~ /~/~ for bodily
injury, and property damage respectively, per occurrence. Such
insurance shall name the City, its officers and employees as
additional insureds and shall further provide that the policy shall
not terminate or be canceled without thirty (30) days written notice
to the City.
(~) Denial, Revocation or Suspension of Pe~,~t; Removal
and Storage Fees; Concurrent Jurisdiction of the Code Enforcement
Board:
(1) The City Manager or his/her designee may deny,
revoke or suspend a permit of any sidewalk cafe in the City if it is
found that:
(a) Any necessary business or health permit has
either been suspended, revoked or canceled,
or has lapsed.
(b) The permittee does not have insurance which
is correct and effective.
(c) Changing conditions of pedestrian or
vehicular traffic cause congestion
necessitating removal of the sidewalk cafe
in order to avoid danger to the health,
safety or general welfare of pedestrians or
vehicular traffic.
(d) The permittee has failed to correct
violations of this subchapter or conditions
of permitting within three (3) days of
receipt of written notice of same.
(2) The City may remove or relocate or order the
removal or relocation of tables and chairs and other vestiges of the
sidewalk cafe and a reasonable fee charged for labor, transportation
and ~torage, should the permittee fail to remove said items within
thirty-six (36) hours of receipt of the written notice from the City
Manager ordering removal or relocation. However, in the event of an
emergency, no written notice of relocation or removal shall be given
and relocation and/or removal shall commence immediately.
- 5 - Ord. No. 25-98
(3) The permittee may appeal the order of the City
Manager pursuant to Section 6.3.3(I), below.
(4) The Code Enforcement Board shall have concurrent
jurisdiction over violations of this subchapter, but may only assess
fines for noncompliance with the requirements of this subchapter.
(I) Appeals.
(1) Appeals of the decision of the City Manager or
his/her designee shall be initiated within ten (10) days of a permit
denial, revocation or suspension, or of an order of removal or
relocation, by filing a written notice of appeal with the City
Manager.
(2) The City Manager shall place the appeal on the
first available regular City Commission agenda. At the hearing on
appeal, the City Commission shall hear and determine the appeal, and
the decision of the City Commission shall be final and effective
immediately.
(3) The filing of a notice of appeal by a permittee
shall not stay an order of the City Manager or his/her designee
regarding the suspension, revocation or denial of the permit, or the
relocation or removal of the vestiges of the sidewalk cafe. Vestiges
of the sidewalk cafe shall be removed as set forth in this
subchapter, pending disposition of the appeal and the final decision
of the City Commission.
(4) Appeals from the decision of the Code Enforcement
Board shall be to the circuit court and not to the City Commission.
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.
- 6 - Ord. No. 25-98
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1998.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 7 - Ord. No. 25-98
ATTACHMENT A
Sidewalk Cafe Regulations
Section 6.3.3 Sidewalk Cafe: A sidewalk cafe is a group of tables and
chairs and permitted decorative and accessory devices situated and maintained
upon the sidewalk and used for the consumption of food and beverages sold to
the public from an adjoining business. Sidewalk cafes allowed only when in
compliance with this Section.
(A) Permit Required: It shall be unlawful for any person to establish a
sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has
been obtained for that site, from the City pursuant to this Section. The permit
shall be requested on a form which shall be provided by the City Engineer upon
request. No permit shall be issued until all the requirements of the Section have
been met. Permits shall not be transferable.
(B) Applicability: The provisions of this section shall apply to all
existing and proposed sidewalk cafes located within a street right-of-way.
However, sidewalk cafes which exist as of July 1, 1998 shall have 90 days to
comply with the provisions of this section, including the requirement to obtain a
permit.
(C_B) Required Information: In addition to the required permit
application and permit fee, the following must be provided at the time the
application is submitted:
(1) A copy of a valid occupational license;
(2) A sketch cltc plan of the area between the store front and
vehicular travel surface, drawn to a minimum scale of 1" = 10' which shows:
* The store front and all openings (doors, windows);
* The location of curb, sidewalk, and any utility poles,
fire hydrants, landscaping, or other items, within the
right-of-way and private property, between the curb
and the store front.
* The location of any of the above items which are
within six feet (6') of the ends of the proposed use
area; and the location of parking spaces (or use of
the street) adjacent to the proposed use area;
* Clear delineation of the boundary between private
property and the right-of-way;
* Delineation of "clear pathways" and "clear distances"
as required by Subsection (5);
* Proposed location of chairs, tables, and other private
features;
* Photographs and/or manufacturer brochures
depicting the chairs, tables, umbrellas and other
private features including, but no limited to, lighting to
be used in the proposed sidewalk cafe area.
(3) Proof of Insurance and a Hold Harmless Agreement in a
form acceptable to the City Attorney.
(DC,) Processing: The City Engineer shall review the permit application
for compliance with this Section and shall issue permits accordingly. The action
of the City Engineer may be appealed pursuant to Section 2.4.7(E).
(ED) Geographic Limitation: A permit for a sidewalk cafe may shcll be
issued within those zoning districts which allow restaurants, subiect to any
limitations or restrictions of the particular district. '--" ..... ;,~,;~ ,~.., ,'-,...,..., D.,.-'.,,.,,,.
(FE--) Regulations Governing the Use, Desiqn, and Maintenance of a
Sidewalk Cafe:
(1) A sidewalk cafe shall only be established in conjunction with
a legally established restaurant and/or takeout food store, where the food
product is prepared, 'processed, or assembled on the premises (for example:
deli, ice cream store, sandwich shop).
(2) A sidewalk cafe may only be established in front of the
business and such businesses immediately adjacent to the business with which
the sidewalk cafe is associated. The sidewalk cafe operator must receive the
permission, in a form acceptable to the City, from adjacent businesses before
establishing the sidewalk cafe in front of such adjacent businesses.
(3) Alcoholic beverages may be consumed at a sidewalk cafe.
(4) The use of the tables and chairs at a sidewalk cafe shall be
only for the customers of the business with which the sidewalk cafe is
associated.
(5) A clear pathway., parallel with the street, with a minimum
width of five feet (5') shall be maintained for through pedestrian traffic. A greater
width may be required as a condition of approval.
(6) A clear distance with a minimum of five feet (5') shall be
provided from any alley, crosswalk, fire hydrant, or similar situation. A greater
clear distance may be required as a conditional of approval.
(7) In addition to previously approved business signs, the
sidewalk cafe may have the following advertising signs: a-menu boards on the
tables, and Iogos upon table umbrellas. These items shall not require further
Site Plan Review and Appearance Board approval and are an exemption to
requirements with the City's sign code.
(8) Use area and/or seating capacity realized through a
sidewalk cafe use and contiguous outdoor dining areas shall not invoke
provisions of the zoning code as they pertain to parking or other matters.
(9) Food may be carried to tables by patrons or served by a
table waiter. Food shall not be prepared in the sidewalk cafe area.
(10) Hours of operation shall be the same as the associated
businesses.
(11) The permit may be suspended upon wdtten notice of the
City Manager or his/her designee of the sidewalk cafe, and removal may be
ordered by the City when repairs necessitate such action. The City however,
may immediately remove or relocate all or parts of the sidewalk cafe or order
said removal or relocation in emergency situations, without wdtten notice.
(12) Tables, chairs, umbrellas, and any other objects provided
within a sidewalk cafe shall be maintained in a clean and attractive manner and
shall be in good repair at all times, ensuring a tidy and neat appearance. Tables
and chairs shall be moved inside the building, or stacked neatly against the
I;)uilding, at the close of each business day.
(13) The sidewalk area, covered by the permit, shall be
maintained in a neat and orderly manner at all times and the area shall be
cleared of all debds and stains on a pedodic basis during the day and again at
the close of each business day, ensudng a tidy appearance.
(14) No tables, chairs, or any other part of sidewalk cafes shall
be attached, chained, or in any manner affixed to any tree, post, sign or other '
fixtures, curb or sidewalk within or near the permitted area.
(G,~) Liability and Insurance:
(1) Prior to the issuance of a permit, the applicant shall furnish a
signed statement that the permittee shall hold harmless the City, its officers and
employees and shall indemnify the City, its officers and employees from any
claims for damages to property or injury to persons which may be occasioned by
any activity carried on under the terms of the permit.
(2) Permittee shall furnish insurance and insurance certificate
and maintain such public liability, food products liability, and property damage
insurance from all claims and damages to property or bodily injury, including
death, which may arise from operations under the permit or in connection
therewith. Such insurance shall provide coverage of not less than one million
dollars ($1,000,000) *~'-"" h,,..4....~ ,~. ...... .~ ,4.....-.,..,/e~nn nnn~ fo bodily injury
and property damage respectively, per occurrence. Such insurance shall name
the City, its officers and employees as additional insureds and shall further
provide that the policy shall not terminate or be canceled without thirty (30) days
written notice to the City.
(H_G) Denial, Revocation, or Suspension of Permit; Removal and
Storaqe Fees; Concurrent Jurisdiction of the Code Enforcement Board:
(1) The City Manager or his/her designee may deny, revoke, or
suspend a permit of any sidewalk cafe in the City if it is found that:
(a) Any necessary business or health permit has either
been suspended, revoked, or canceled or has lapsed.
(b) The permittee does not have insurance which is
correct and effective.
(c) Changing conditions of pedestrian or vehicular traffic
cause congestion necessitating removal of the
sidewalk cafe, in order to avoid danger to the health,
safety or general welfare of pedestrians or vehicular
traffic.
(d) The permittee has failed to correct violations of this
subchapter or conditions of permitting within three (3)
days of receipt of wdtten notice of same.
(2) The City may remove or relocate or order the removal or
relocation of tables and chairs and other vestiges of the sidewalk cafe and a
reasonable fee charged for labor, transportation, and storage, should the
permittee fail to remove said items within thirty-six (36) hours of receipt of the
wdtten notice from the City Manager ordering removal or relocation. However, in
the event of an emergency, no written notice of relocation or removal shall be
given and relocation and/or removal shall commence immediately.
(3) The permittee may appeal the order of the City Manager
pursuant to Section 102.69.
(4) The Code Enforcement Board shall have concurrent
jurisdiction over violations of this subchapter, but may only assess fines for
noncompliance with the requirements of this subchapter.
S:\adv\cafe5
MEETING OF: June 15, 1998
AGENDA ITEM: IV. E. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
SECTION 6.3.3, SIDEWALK CAFE
The item before the Board is that of making a recommendation to the City Commission
regarding a change in the regulations governing the use, design, and maintenance of a
sidewalk cafe.
Regulations governing the placement of sidewalk cafes in the right-of-way were
adopted in 1996. Since then, a number of such cafes have been established along
Atlantic Avenue. They have become an integral part of the visible redevelopment of the
Downtown, and are desired by both restaurants and their customers. Continuation of
clean, attractive sidewalk cafes is clearly positive, setting a casually elegant tone for
dining along the avenues of the City, and drawing an expanded customer base to the
area.
The very popularity of sidewalk cafes has highlighted the need for additional controls.
Outdoor tables are expanding into the pedestrian travel space of the sidewalk. Tables
and chairs are left out overnight, creating a cluttered look along the avenue. Sidewalk
cafe areas are not consistently cleaned, leaving litter and stains on the paver block
sidewalk. These problems are not widespread, or damaging to the point that sidewalk
cafes should be eliminated, but they do point out the need for stricter control and
enforcement. The needed control can be accomplished through modifications to the
existing regulations, and consistent enforcement of the permit requirements.
Overview Of Current Regulations
The regulations governing the use, design, and maintenance of sidewalk cafes, are
expressed in Section 6.3.3 of the Land Development Regulations. These regulations
refer only to the portion of a sidewalk cafe that is within the public right-of-way, and limit
sidewalk cafes to the Central Business District (CBD) zoning district. The highlights of
the regulations are paraphrased as follows:
P&Z Board Memorandum Staff Report
Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe
Page 2
A permit is required to establish and operate a sidewalk cafe. The permit process
includes a review of the occupational license of the applicant business, the plans for the
sidewalk cafe and its furniture (tables, chairs, umbrellas, etc.), and proof of insurance.
A sidewalk cafe may only be established in conjunction with an existing restaurant or
takeout food store. The cafe may only be established in front of the associated
business and those adjacent businesses which give the cafe operator written
permission. The use of the tables and chairs shall be only for customers of the
associated business. Hours of operation shall be the same as the associated business.
These requirements prohibit free-standing sidewalk cafe businesses, tie the operation
of a cafe to an established indoor business, and limit the expansion of the outdoor
seating onto unwilling neighbors.
A minimum five foot wide clear pathway is required to permit free movement of
pedestrian through traffic. A minimum five foot clearance is also required from alleys,
crosswalks and fire hydrants. These regulations are directed at maintaining public
safety and freedom of movement in the public right-of-way.
Advertising signs are restricted to a menu board and Iogos on table umbrellas.
Furniture for the sidewalk cafe must be maintained and cleaned, and may not be
permanently affixed. The sidewalk in the cafe area must also be maintained and
cleared of debris and litter. These regulations are meant to maintain a clean and
attractive appearance to the sidewalk cafe.
Insurance and a hold harmless agreement are required to protect the City from claims.
The City's approach to regulating sidewalk cafes in public rights-of-way is similar to that
of other local governments. Several Florida municipalities were contacted to identify
the common elements of regulations. The following table generalizes the regulatory
approach of four municipalities compared with Delray Beach. Notes which further
explain how sidewalk cafes are regulated can be found in Attachment 1.
iDelray :! Ft. ! Naples Hollywood West
Beach Lauderdale ~ :'!: :Palm
: ~ ~B~ch
Allowed in RJW under permit x x x X X
Geographic Restriction X X X
Clear Pathway Rec~uired X X X X X
-2-
P&Z Board Memorandum Staff Report
Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe
Page 3
Delray Ft. Naples Hollywood WeSt
[Beach Lauderdale Palm
Beach
Signs Restricted ~( X X X
Hours Restricted X X X
Furniture Type/Styl,e Restricted X X X
Maintenance Required X , X X , X
Insurance Recluired X X X X
Common Elements For Sidewalk Cafe Regulations:
· They are allowed in public rights-of-way, subject to permit requirements;
· They are confined to specific geographic areas;
· There is a clear path required to allow pedestrian use of the sidewalk;
· Advertising signs are controlled within the right-of-way;
· The type or style of furniture must be compatible with other outdoor furniture in the
vicinity;
· The permitee is responsible for clean-up of the sidewalk area and furniture
maintenance;
· Insurance is required, for bodily injury and property damage.
Problems Identified In Delray Beach
Regulation of sidewalk cafes was a topic of discussion at the Joint Venture meeting of
March 11, 1998. The discussion highlighted several problems related to the regulation
of cafes.
In its effort to promote redevelopment in the Downtown, the City has not strictly
enforced the existing sidewalk cafe regulations. At the present time, there are twelve
sidewalk cafes in operation that encroach into the public right-of-way. None of these
cafes have permits as stipulated in the regulations. This lack of enforcement has led to
a number of problems which affect the appearance of the streetscape and impact
businesses and customers in the Downtown.
The area used by sidewalk cafe furniture is expanding, such that in many areas it
encroaches on the free flow of pedestrians along the sidewalk. The pedestrian path is
-3-
P&Z Board Memorandum Staff Report
Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe
Page 4
sometimes provided through the cafe, with tables placed near the building and near the
curb. Tables and chairs are also encroaching into the frontage of adjacent businesses,
and fumiture is often left out on the sidewalk after business hours. In most cases,
tables and chairs are neatly stacked against the building, however, some cafes leave
furniture in place on the sidewalk. Clean-up is not uniform, resulting in some locations
with litter and stains on the public sidewalk.
The problems experienced with existing sidewalk cafes, as well as the popularity of
these cafes, point to the need to strictly enforce the existing regulations. In addition,
there are modifications that could clarify the intent of the regulations and make
enforcement easier.
Areas Where Delray Beach Regulations Could Be Modified:
· Addition of a requirement to wash the sidewalk regularly to remove stains.
· Addition of a requirement to remove the furniture from the sidewalk at closing, or at
least stack it against the building.
· Restriction on the location of the tables and chairs such that the pedestrian path is
near the curb.
A draft of the staff report was reviewed by the following agencies, all of which
expressed agreement with the recommendations:
Joint Venture Mamh 11, 1998
Downtown Development Authority Apdl 15, 1998
Community Redevelopment Agency April 23, 1998
In addition, the draft was distributed by the Joint Venture staff to the operators of
existing sidewalk cafes for their comment. Any comments received will be reported at
the Planning and Zoning Board meeting.
Sidewalk cafes should continue to be allowed in the public right-of-way, so long as their
location will not interfere with pedestrian movement along the sidewalk. The
geographic restriction which currently allows sidewalk cafes only in the CBD can be
expanded to allow this use in all zoning districts which allow restaurants.
-4-
P&Z Board Memorandum Staff Report
Amendment To The Land Development Regulations Section 6.3.3, Sidewalk Cafe
Page 5
Since regulations have not been strictly enforced, it is appropriate to notify the cafe
operators of the regulations and permit requirement, allowing a reasonable time (90
days) to come into compliance. After the grace period, non-compliant cafes should be
cited.
Regulation of the operation of sidewalk cafes, especially those dealing with the location
of tables and chairs, and the maintenance of clearances for pedestrian flow and public
structures, should be enforced by Police as well as Code Enforcement officers. This
additional enforcement would protect public safety during evening hours.
Several modifications should be made to the Land Development Regulations to clarify
the intent of the sidewalk cafe regulations. The proposed modifications are found in
Attachment 2.
Recommend that the City Commission approve the attached changes to LDR Section
6.3.3 "Sidewalk Cafes".
Attachments: I and 2
S:~adv~cafel
-5-
ATTACHMENT 1
Notes on the Comparison of Sidewalk Cafe Regulations
Allowed on public right-of-way
Delray Beach: Yes
Fort Lauderdale: Yes
Naples: Yes
Hollywood: Yes
West Palm Beach: Yes
Geographic restriction
Delray Beach: CBD only
Fort Lauderdale: Zoning districts which allow restaurants
Naples: Fifth Avenue Special Overlay District only
Hollywood: Cafe Zones (4 permanent zones plus Broadwalk, which is
temporary and has separate criteria)
West Palm Beach: Zoning districts which allow restaurants
Clear pathway required
Delray Beach: Min. 5' for pedestrian path; 5' from fire hydrant, crosswalk,
etc.
Fort Lauderdale: Min 5' for pedestrian path; 5' from bus stops, sight triangles,
cross walks, etc.
Naples: Min. 5' for pedestrian path
Hollywood: Min. 3' for pedestrian path, min 5' from bus stops, service
windows, etc., min 2' from crosswalks
West Palm Beach: Min. 6' for pedestrian path
Advertising signs restricted
Delray Beach: Menu board, Iogos on umbrellas
Fort Lauderdale: None allowed
Naples: Menu board
Hollywood: Menu board
West Palm Beach: Menu board
Hours when tables may be set up
Delray Beach: Same as main business
Fort Lauderdale: Same as main business
Naples: Not addressed
Hollywood: Tables may remain set up at all times
West Palm Beach: Same as business
Furniture type/style restricted
Delray Beach: No
Fort Lauderdale: Compatible with uses in the immediate vicinity.
Naples: Yes, requires board approval
Hollywood: Compatible with uses in the immediate vicinity.
West Palm Beach: No
Maintenance of area required
Delray Beach: Debris clean-up, furniture maintenance, furniture may not be
anchored.
Fort Lauderdale: Furniture must be removed at closing, Debris clean-up,
furniture maintenance
Naples: Not addressed
Hollywood: Furniture may remain at all times, furniture maintenance,
debris removal, furniture may not be anchored
West Palm Beach: Furniture must be removed at closing, Debris clean-up,
furniture maintenance
Insurance required
Delray Beach: Hold harmless agreement, and bodily injury and property
damage insurance ($300,000 ea.)
Fort Lauderdale: Hold harmless agreement, and bodily injury and property
damage insurance ($1,000,000 ea.)
Naples: Not addressed
Hollywood: Hold harmless agreement, and bodily injury and property
damage insurance ($1,000,000 ea.)
West Palm Beach: Hold harmless agreement, and bodily injury and property
damage insurance ($1,000,000 ea.)
S:~adv\Cafe2
£1TV (IF DELRRV
CiTY ATTORNEY'S OFFICE
~ELRAY BEACH
All. America C~ ~MO~~
p
1993
· O: Ci~ Co~sio~
~O~: S~san A. ~b~, Ci~ A~omey
g~]~C~: ~dce ~o~g~g ~e~entio~ O~ce - ~i~io~ to
~e~ge~ ~anage~e~t~
The proposed amendments to Chapter 95, "Emergency Management", adds the
following provisions: (1) Adds the definitions for the terms "average retail price,"
"consumer good," "enforcement official," and "fuel product". (2) Removes the term
"normal average price". (3) Adds a prohibition on price gouging practices upon the
declaration of an emergency. The proposed amendment brings the City's Emergency
Management Ordinance into conformity with Section 501.160, Florida Statutes.
Resolution No. D is also amended to reflect the use of the term "average retail price.
The proposed amendments are in anticipation of the hurricane season regarding the
difficulties citizens may face in purchasing basic necessities, leasing dwelling space and
obtaining services during a state of emergency. The proposed amendments will assist in
curtailing "price gouging" practices by expanding the types of consumer transactions
covered under price gouging and the issuance of civil citations to immediately stop the
practice. The ordinance will only be effective during a declared state of emergency, and
is similar to the "price gouging" ordinance being considered by the Palm Beach County
Co' '
Attachment
cc: ;David T. Harden, City Manager ~] ~' 0
Alison MacGregor Harty, City Clerk
Robert Rehr, Fire Chief
emergl .dnt
.
Prmteo on Ftecy:!eO Paper
ORDINANCE NO. 26-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL
REGULATIONS", CHAPTER 95, "EMERGENCY MANAGEMENT",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 95.01, "DEFINITIONS", TO
PROVIDE FOR DEFINITIONS FOR THE TERMS "AVERAGE
RETAIL PRICE", "CONSUMER GOOD", "ENFORCEMENT
OFFICIAL", AND "FUEL PRODUCT"; AMENDING SECTION
95.05, "DECLARATION OF A STATE OF EMERGENCY", TO
PROVIDE FOR A REVISION TO RESOLUTION D RELATING TO
PROHIBITING PRICE GOUGING; ENACTING A PROVISION FOR
PROHIBITION OF PRICE GOUGING; AMENDING "RESOLUTION
D"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Florida Statutes Chapter 166 (Municipalities)
authorizes the City Commission for the City of Delray Beach to enact
such ordinances as are necessary to protect the health, safety and
welfare of the citizens of Delray Beach; and
WHEREAS, Delray Beach residents face the imposition or
demand of excessive and/or exorbitant prices for consumer goods,
services and lodging essential for their health, safety and welfare
after the occurrence of natural or manmade disasters and emergencies;
and
WHEREAS, Florida Statute, Chapter 252.38(2) and Delray
Beach Ordinance No. 7-92 provide authority for Delray Beach to
declare a state of local emergency and to7 waive the procedures and
formalities otherwise required of Delray Beach by law in order to
take whatever action is necessary to ensure the health, safety and
welfare of its citizens; and
WHEREAS, Florida Statute, Chapter 252 and Delray Beach
Ordinance No. 7-92 identify the City Manager or his designee to be
the Director of Emergency Management, and to appoint a Coordinator of
Emergency Services who shall act as the coordinator for services,
activities and programs required in the event of an emergency; and
WHERF~S, Part II of Chapter 501, Florida Statutes, the
"Florida Deceptive and Unfair Trade Practices Act", prohibits unfair
methods of competition and unfair or deceptive acts or practices in
the conduct of any trade or commerce, and authorizes local
governments to enact consistent consumer protection ordinances; and
WHEREAS, the City Commission for the City of Delray Beach
finds and declares that it is necessary to protect the health, safety
and welfare of the citizens of Delray Beach from unscrupulous vendors
or merchants taking advantage of the scarcity of consumer goods,
including the addition of services, rentals or lodging as a
prohibited practice, during a period of emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 9, "General Regulations", Chapter
95, "Emergency Management", Section 95.01, "Definitions", of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows:
(B) "Average Retail Price" shall mean the averaqe
price at which similar merchandise, services, rentals or
lodqing were beinq sold or rented durinq the thirty days
immediately precedinq the declaration of a local emerqency.
(C) "Consumer Good" shall mean any service, article,
product, merchandise or commodity of any kind or class,
which is customarily produced or distributed for sale or
rental at retail or provided for consumption by or the use
or benefit of individuals, including but not limited to
foods, water, ice, cZothinq, lumber, hardware, chainsaws,
generators, and home improvement materials; fuel products;
and repairs, services, rentals or lodqinq.
(D) "Enforcement Official" shall mean any police or
law enforcement officer, any code compliance official, the
personnel of the Department of Public Safety, Division of
Emerqency Manaqement and the Division of Consumer Affairs,
and any other appropriate municipal official.
(E) "Fuel Product" shall mean home heatinq oil,
kerosene, propane, natural qas, diesel fuel, methanol, and
qasoline.
- 2 - Ord. No. 26-98
Section 2. That Title 9, "General Regulations", Chapter
95, "Emergency Management", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended by enacting
a new Section 95.15, "Prohibition on Price Gouging", to read as
follows:
Section 95.15 PROHIBITION ON PRICE GOUGING.
(A) Upon declaration of an emerqency pursuant to
Section 95.05, and during the duration of such emergency,
it shall be prima facie evidence that an unlawful method of
competition and an unfair and deceptive trade act or
practice has occurred if any individual or business entity
doing business in Palm Beach County charges more than the
average retail price for any consumer Good and such price
exceeds the average price at which the same or similar
consumer Good was readily obtainable in Delray Beach during
the thirty days immediately prior to a declaration of a
state of emergency; or the charges represent a gross
disparity between the price of the consumer Good or
dwelling unit or self-storage facility that is the subject
of the offer or transaction and the average price at which
that commodity or dwelling unit or self-storage facility
was rented, leased, sold, or offered for rent or sale in
the usual course of business during the thirty days
immediately prior to a declaration of a state of emergency,
and the increase in the amount charged is not attributable
to additional costs incurred in connection with the rental
or sale of the commodity or rental or lease of any dwelling
unit or self-storage facility, or national or international
market trends; or for a person ~or his agent or business
~ntity or its employee to rent or sell or offer to rent or
sell at an unconscionable price within the area for which
the state of emergency is declared, any consumer good
includinq, but not limited to, supplies, services,
provisions or equipment that is necessary for consumption
or use as a direct result of the emergency.
.(B) This section does not prevent the seller of
consumer Goods from charging an amount in excess of the
~veraqe retail.price, Sf such higher price is the direct
result of, and limited tO, any increased COSTS due to the
~ransportation of the consumer good during the state of
~merqency or any increased cost for the consumer Good from
the manufacturer, distributor or wholesaler to the seller.
In such instances, only the actual cost increase per item
from the manufacturer, distributor or wholesaler can be
added to the average retail price.
- 3 - Ord. No. 26-98
(C) A price increase approved by an appropriate
government agency shall not be in violation of this
ordinance.
(D) This ordinance shall not apply to sales by
growers, producers or processors of raw or processed food
products, except for retail sales of such products to the
ultimate consumer within the area of the declared state of
emergency.
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 all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. 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 , 1998.
MAYOR
ATTEST:
?
City Clerk
First Reading
Second Reading
- 4 - Ord. No. 26-98
RESOLUTION NO. D
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF
A STATE OF EMERGENCY, AND PROHIBITING THE SALE OF
MERCHANDISE, GOODS OR SERVICES AT MORE THAN THE
AVERAGE RETAIl- PRICE.
WHE~, a State of Emergency in the City of Delray Beach was proclaimed by
on due to
; and
WHEREAS, threatens the stability, economy and
civil order of the City of Delray Beach and its citizens; and
WHEREAS, charging more than the average retail price under existing conditiom is an attempt
to profit from the misfortune of others and can lead to civil strife, to inequities in the distribution of
essential materials such as foodstuffs, ice, fuel, and other vital necessities, and to a greater loss of the
sense of hope and well being so basic to a speedy recovery and restoration of the community; and
WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes this
prohibition of the sale of merchandise, goods or services at more than the average retail price during a
state of emergency; and
WHEREAS, the City desires to amend Resolution No. D to conform with Florida Statutes
Section 501.160.
NOW, ~ORE, BE 1T RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOT.T.OWS:
gection 1. A declaration of a State of Emergency proclaimed on is
hereby confirmed.
~-tion~. has and conditions arising
therefrom threaten to create shortages of essential goods and services which are needed to sustain the
physical well being, economic stability and public order of the City of Delray Beach and its citizens.
~ion 3. No person or business entity offering goods or services for sale within the City ~f
Delray Beach shall charge more than the average retail price as defined by Section 9:5.01(B), Chapter
9:5, Code of Ordinances, during the period of the declared emergency.
~ction ~. All violations of the provisions of this resolution shall be subject to prosecution
under Section 95.99 of the Delray Beach Code of Ordinances.
~. The regulation and control of retail prices within the City of Delray Beach shall
remain in effect until competent authority declares the state of emergency to be terminated.
This resolution shall take effect on
(Time) (Day) (Month) (Year)
PASSED AND ADOPTED on this the day of ,19
MAYOR
ATTEST:
City Clerk
2 RES. NO. D