08-15-95 Regular
· .
OHR~) BE~CH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ' I " II . (J ,
......
AUGUST 15, 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. AII.America Ci,
COMMISSION CHAMBERS 11111
The City will furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program or activi-
ty conducted by the City. Please contact Doug Randolph at 243-7127
(voice) or 243-7199 ( TDD) , 24 hours prior to the program or activity in
order for the City to reasonably accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three'
minutes or less, (10 minutes for group presentations) . The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so~
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by the
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission with respect to any matter considered at this
meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
.
5. Approval of Minutes:
Regular Meeting of July 18, 1995
6. Proclamations:
7. Presentations:
vi. Delray Citizens for Delray Police - Annual Scholarship
Presentations
* Nancy J. Wilson
* Chanel S. Upshur
* Francesca I. Melis
./B. Discussion with Dr. Cynthia Smith, Principal of the Delray,",ull
Service Center
¡C. Marie Horenburger - South County Convention Center Site
8. Consent Agenda: City Manager recommends approval.
A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTIONS: Ratify various actions taken by the
SCRWTD Board on July 20, 1995.
B. ACCEPTANCE OF COUNTY DEEDS FOR FIVE PARCELS FROM PALM BEACH
COUNTY: Accept County deeds for five vacant parcels located in
the City of Delray Beach from Palm Beach County.
C. RIGHT OF ENTRY EASEMENT AGREEMENT AND ACCEPTANCE OF EASEMENT
DEED/RAIMONDI: Approve a Right of Entry Easement Agreement and
accept an easement deed from Michael and Josephine Raimondi for
a 12 foot utility easement to permit the construction of the
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Ridgewood Road 12" water main from Barwick Road to Military
Trail.
D. ACCEPTANCE OF CORRECTIVE OUIT CLAIM DEED FOR DON FRANCISCO'S
WAY (N.W. 1ST STREET) : Accept a corrective quit claim deed
from the Sendzimir Trustee for the purpose of correcting the
legal description contained in the original deed to provide
sufficient right-of-way for the construction of Don Francisco's
Way (N.W. 1st Street) as a 50 foot right-of-way into the Palm
Tran Satellite Facility.
E. RESOLUTION NO. 56-95: Approve a resolution assessing costs for
abatement action required to remove nuisances on 24 properties
throughout the City.
F. RESOLUTION NO. 57-95: Approve a resolution assessing costs for
emergency abatement action required to remove an unsafe struc-
ture at 143 N.W. 5th Avenue.
G. RESOLUTION NO. 58-95: Approve a resolution assessing costs for .
emergency abatement action required to fill an abandoned septic
tank located at 40 S.W. 13th Avenue.
H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Approve
the actions and decisions made by the Site Plan Review and
Appearance Board during the period July 31 through August 11,
1995.
1. AMENDMENT TO THE CONTRACT TO PURCHASE THE MONTEREY HOUSE:
Approve am amendment to the contract to purchase the Monterey
House, extending the closing date from August 15, 1995, until
on or before September 29, 1995, and permitting interim
occupancy pursuant to an occupancy agreement.
J. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Motorola Communication & Electronics, Inc. in
the amount of $30,773 (via Palm Beach County School Board
Contract) for Phase I of the Two-Way Radio System Upgrade
project; with funding from 441-5161-536-64.90 and
334-6112-519-64.90.
2 . Purchase award to Concept One Police Supply, Inc. in the
total amount of $22,000 for seven in-car video systems
(PAVE, One System) and one integrated radar unit
installed; with funding from 001-2117-521-64.90.
3. Bid award to RPM General Contractors, Inc. in the total
amount of $473,978.00 for construction and modifications
to Fire Stations #3 and #4. The cost for Fire Station #3
is $291,010 and Fire Station #4 is $189,468, for a total
of $480,478, less a credit of $6,500 for awarding both
stations; with funding from 228-2311-522-61.59 for Station
#3 and 228-2311-522-61.60 for Station #4, through budget
transfer.
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4. Grant awards for the rehabilitation of three single family
housing units under the CDBG housing rehabilitation
program, to be awarded as follows: $18,428 for
rehabilitation at 113 S. W. 11th Avenue to First Choice
Corporation, $18,742 for 520 S. W. 14th Avenue to Henry
Haywood, and $20,000 for 221 S. W. 15th Avenue to Henry
Haywood. Grant award amounts include base bid plus 5% con-
tingency. Funding is available from 118-1963-554-49.19.
9. Regular Agenda:
A. AGREEMENT WITH LIDDUN INTERNATIONAL FOR LEGENDS TOURNAMENT AND
CONCERT: Consider an agreement with Liddun International, Inc.
wherein Liddun is granted a license to hold the Legends Tennis
Tournament and associated concerts at the Municipal Tennis
Center from November 30 to December 3, 1995.
B. CONTRACT GUARANTEE FOR FLORIDA A&M MARCHING BAND: Consider a
request from sponsors of the Perfect Harmony Festival for the
City to guarantee payment on the contract to bring the Florida .
A&M University Marching Band to Delray Beach on October 7,
1995.
C. SPECIAL EVENT REOUEST /BACKROOM BLUES FESTIVAL: Consider a
request from Pineapple Productions, Inc. for special event
approval to allow the Backroom Blues Bar located at 16 East
Atlantic Avenue to hold a Blues Festival on Sunday, September
3, 1995.
D. DONATION OF CITY-OWNED PROPERTY/EBENEZER WESLEYAN METHODIST
CHURCH: Consider a request from Ebenezer Wesleyan Methodist
Church for the donation of a 26 ft. by 135 ft. parcel of
City-owned land to the church, located at 201 S.W. 6th Avenue.
The subject property is located adjacent to property that the
church owns on the north side of S.W. 2nd Street, between S.W.
6th Avenue and S.W. 7th Avenue.
E. RETIREMENT BENEFIT ENHANCEMENT FOR RETIREES FROM THE POLICE AND
FIRE PENSION PLAN: Consider a request from retired employees
drawing retirement benefits from the Police and Fire Pension
Plan, that the retirement benefit enhancement which was
effective on January 1, 1994 for active employees be extended
to retirees.
F. FUNDING REOUEST/PALM BEACH COUNTY URBAN FORESTRY PROGRAM:
Consider a request from Palm Beach County to participate in the
funding of an Urban Forestry Program.
G. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. 15/CH2M HILL:
Consider approval of Amendment No. 1 to Service Authorization
No. 15 in the amount of $8,746.00 with CH2M Hill for additional
engineering services in conjunction with replacement of filter
media at the Water Treatment Plant; with funding from
442-5178-536-61.46.
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H. CONTRACT ADDITION (C.O. #13)/CHAZ EOUIPMENT COMPANY, INC.
(EMERGENCY REPAIR IN BASS CREEK): Consider Contract Addition
(C. O. #13) to Chaz Equipment Company, Inc. for the removal/
replacement of a deteriorated storm sewer pipe in the Bass
Creek Subdivision, in the amount of $28,189 with funding from
448-5411-538-34.90.
I. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD:
Appoint a member (architect/engineer) to the Site Plan Review
and Appearance Board for a two year term ending August 31,
1997. Commissioner Smith's appointment.
J. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a
member to the Historic Preservation Board for a two year term
ending August 31, 1997. Commissioner Ellingsworth's appoint-
ment.
K. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint one regular
member and one alternate member to the Board of Adjustment for
two year terms ending August 31, 1997. Commissioner Smith's
appointment (regular member) and Commissioner Ellingsworth's
appointment (alternate member) .
L. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS: Appoint a
member (General Contractor) to the Board of Construction
Appeals for a two year term ending August 31, 1997.
Commissioner Smith's appointment.
M. BID AWARD FOR POLICE UNIFORMS: Consider rej ecting all bids
received for Police uniforms and authorize staff to rewrite the
specifications and solicit new bids.
N. STATUS REPORT AND REOUEST FOR DIRECTION REGARDING SEACREST
PROPERTIES: City Attorney.
10. Public Hearings:
A. SALE OF CITY-OWNED PROPERTY TO JOSE AND ANTONIA SALAS:
Consider approval of the Contract for Sale and Purchase between
the City and Jose and Antonia Salas for property located at
5072 N.W. 5th Street.
B. ORDINANCE 47-95: An ordinance adopting Comprehensive Plan
Amendment 92-3 as a remedial amendment to the Comprehensive
Plan pursuant to the provisions of the Stipulated Settlement
Agreement between the City and the Florida Department of
Community Affairs.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
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12. First Readings:
A. ORDINANCE NO. 48-95: An ordinance modifying the Community
Redevelopment Plan for the City of Delray Beach in its
entirety. If passed, public hearing on September 5, 1995.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
1. Budget Adoption Schedule
B. City Attorney
C. City Commission
.
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[IT' DF DELRA' IEA[H
DElRA Y BEACH
f lOR lOA
tw.e.d 100 N.W. 1 st AVENUE> DELRAY BEACH, FLORIDA 33444 . 407/243-7000
All-America City
, III I!
1993
MEMORANDUM
DATE: August 11, 1995
TO: City Commission
FROM: David T. Harden, City Manager
SUBJECT: Su,pport for Palm Beach Count' Convention Center South Count'
Location
Advocates for locating the Palm Beach County Convention Center in South County are
looking for a more definite support commitment from the City of Delray Beach. When
the Commission last discussed this, it was suggested that the $50,000 in economic
development funds we will be receiving from the increase in occupational license taxes
might be used for this purpose.
It now appears that it would be sometime in the fiscal year beginning October 1, 1997
before a convention center in Palm Beach County would begin operations. This would
allow one year for site selection, design, and arranging financing, and another year for
construction. Therefore, if we were to make a commitment to contribute toward any
operating deficits that contribution would not be required until the fiscal year beginning
October 1, 1997. That would allow at least two years for the full amount of economic
development funds to be accumulated and used for other purposes before any would be
needed for convention center operating deficits.
I have also looked at the property tax revenue which we receive from the Camino Real
Holiday Inn. The hotel pays the City almost $80,000 annually in property taxes. If a new
similarly sized hotel were to be built on the vacant land south of Builders Square, we
could expect a similar amount of tax revenue. The difficulty is we have no assurance at
this point in time what development might be stimulated in Delray Beach by locating the
convention center adjacent to our borders on the Knight Center property. The City
@ Printed on Recycíed Paper THE EFFORT ALWAYS MATTERS 'i.e·
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City Commission
August 11, 1995
Page Two
Attorney has advised that unlike the CRA, the City cannot contract to commit tax
increment funds since, in our case, these funds are ad valorem revenues which can only
be pledged by a voter referendum. We can commit to make payments from other revenue
sources, but it could not be directly tied to the tax increment, as I understand it. The City
Attorney can give you more information on this point.
I continue to believe that the City would receive significant economic benefit from
having the convention center adjacent to our boundary, both from additional development
being stimulated and from conventioneers spending money with businesses in our City.
Also this convention center would be a positive development for the City whereas some
of the other developments which have been proposed for this site, I expect would detract
from economic activity in our City. Therefore, I recommend that the City Commission
agree to pay $50,000 annually to offset any operating losses which may be experienced
by a Palm Beach County convention center located at the Knight Center site.
DTH/mld
" .J
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue. DeIray Beach, Florida 33445
BOARD Telephone
City Council Members of 272·7061 734-2577
Boynton Beach & Delray Beach Fax: (407) 265-2357
MEMORANDUM
TO: City Clerk, Delray Beach
FROM: Mary Ann Shumilla ~
DATE: August 3, 1995
RE: RATIFICATIONS FOR SIGNA'TURE (Revised)
Please destroy the Ratifications which I sent to you on July 31, 1995. Enclosed is a
revised set as the vote should have been 8-0. The 1995/1996 Budget should still be
attached to the last Ratification. I apologize for any inconvenience.
. Would you p~ease contact me at 272-7061 when all signatures have been completed.
Thank you.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ð'. A· - MEETING OF AUGUST 15 , 1995
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS
DATE: AUGUST 11, 1995
This is before the Commission to ratify actions taken by the
South Central Regional Wastewater Treatment and Disposal Board on
July 20, 1995. By a vote of 8-0, the SCRWTD Board approved the
following:
· Expend $1,147.96 from Repair and Replacement Fund to replace
existing Paco Pump for Reuse Water System in old effluent
building.
· Expend $1,500 from Repair and Replacement Fund to replace
drive disc for #2 RAS Pump -B Plant.
· Expend $3,500 from Repair and Replacement Fund to repair
Boynton influent flow meter.
· Acceptance of 1995/96 Budget, Capital Projects, Capital
Assets, Repair and Replacement and Surplus Fund
expenditures.
Recommend ratification of the actions taken by the South Central
Regional Wastewater Treatment and Disposal Board on July 20,
1995.
.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 1995
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 20, 1995, by a vote of 8-0, approve to expend $1, 147.96 from Repair and
Replacement Fund to Replace Existing Paco Pump for Reuse Water System in Old
Effluent Building.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , , by a vote.
CITY OF DELRAY BEACH
.
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 1995
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 20, 1995, by a vote of 8-0, approve to expend $1,500 from Repair and
Replacement Fund to Replace Drive Disc for #2 RAS Pump -8 PIsnt.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , , by a vote.
CITY OF DELRAY BEACH
..
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
..
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20, 1995
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 20, 1995, by a vote of 8-0, approve to expend $3,500 from Repair and
Replacement Fund to Repair Boynton Influent Flow Meter.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this
day of , , by a vote.
CITY OF DELRA Y BEACH
By:
. Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 20. 1995
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 20, 1995, by a vote of 8-0, approve the Acceptance of 1995/96 Budget.
Capital Projects, Capital Assets, Repair and Replacement and Surplus Fund
Expenditures.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this
_ day of , , by a vote.
CITY OF DELRAY BEACH
.
By:
Mayor
Attest:
City Clerk
Approve as to form:
City Attorney
, . . .
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
PERSONNEL
1995-96
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
1212 REGULAR WAGES Base wages - 23 Employees $812,000
4 Administrative
4 Lab & pretreatment
10 Operations
5 Maintenance
Includes merit pay Increase + $5,000
holiday pay.
12121 SICK PAY REDUCTIONS Employees have the annual option to 3,000
cash out (at 50% payment) all sick days
in excess of fifteen (15) accrued in sick
day bank.
12122 PAYROLL CONTINGENCY Employee annual appreciation dinner 1,500
and luncheons (I.e.: retirements,
recognitions, and safety awards).
1214 OVERTIME Shift coverage as required for plant
operations. Employees working over
40 hours per week (excluding sick hours)
are paid at time and a half.
12141 Hurricane Watch . 3,000
12142 Maintenance 5,000
12143 Shift 1 Coverage 7,000
12144 Shift 2 Coverage 4,000
12145 Shift 3 Coverage 5,000
12146 Training 2,000
12147 Administration 1,000
12148 Holiday Coverage 13,000
12149 Lab/Pretreatment 1,000
12150 Operations 1,000
42,000
.
12151 EMPLOYEE ASSISTANCE Board cost $2.15 per employee per 750
PROGRAM month. Provides family counseling and
referral services to employees and their
families.
12152 PLANT PERFORMANCE Award given to those employees whose performance 10,000
has contributed to overall efficiency of Plant as
recommended by Execut!ve Director and approved
by the Board..
1221 SOCIAL SECURITY/ Employer's cost Social Security - 6.2% 62,000
MEDICARE Medicare - 1.45%
1223 BLuE CROSS/BLUE SHIELD Board cost per employee is estimated @ 62,000
HEALTH INSURANCE $225.00 monthly. (Dependent coverage
not provided by Board).
12231 DENTAL INSURANCE Board cost per employee: $25.88 monthly 7,500
(Dependent coverage not provided by
Board).
PERSONNEL (cont.)
1995-96
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
12232 DISABILITY INSURANCE Long term disability insurance provided 6,000
by the Board at approximately 1 % of 40 hour
base pay per employee.
Cost: $0.95/$100.00 compensation.
12233 LIFE INSURANCE Board provides $10,000 life insurance. 1,000
$.32 per $1,000.
1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 50,000
base pay.
1225 UNEMPLOYMENT Wages applicable to unemployment taxes 10,000
at current rate of .0110%
1236 PENSION Defined Board contribution based on 40 77,000
hours base pay for participants.
TOTAL PERSONNEL $1,144,750
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OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
SERVICES
1995-96
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
3100 MEDICAL SERVICES Employee physicals, drug screens, tetanus and $5,500
Hepatitis B vaccine.
3110 LEGAL (ADMIN & LABOR) Attorney fees:
31101 Admin - Federspiel $25,000
31103 Pension - August & Comiter 2,000
31104 Lewis, Longman & Walker 13,000
40,000
3112 LEGAL (TOXICITY) Continuing Operational Permit Legislation
31121 Federspiel 1,000
31125 Lewis, Longman & Walker 4,000
5,000
3120 SERVICES: 31201 Accounting & Bookkeeping 10,000
General & Administrative, 31202 Computer Consultant 2,000
Professional, & Maintenance 31203 Lobbyist 5,000
31206 Copier Mainl Contract 2,000
31207 Appraisal Fee 5,000
31208 Others 2,000
26,000
3200 AUDIT FEES 32001 Annual Audit 20,000
20,000
3400 PRETREATMENTPROG~ Monitoring of program; required quarterly 9,000
effluent; influent and sludge priority
pollutant scans.
3402 TOXICITY TESTING EPAlDER: Discharge permit will require
bimonthly acute toxicity testing ($25,000) 35,000
& quarterly chronic toxicity testing ($10,000)
3404 SLUDGE, LIQUID, CHEMICAL (1) fecal, copper, and cyanide - monthly; (6) 5,000
..
ANALYSIS TESTING heavy metals.
(2) grease samples and 1 distilled water
yearly
3406 METER CALIBRATION Calibration of transmitters, totalizers, 6,000
FLORIDA SERVICE recorders, and flowmeter pump as required.
3410 SLUDGE HAULING $22.00/1,000 gallons hauled. Est. 8 to 9 350,000
loads per day average.
3411 GRIT HAULING 75 trips @ $495.00 per trip. 38,000
·
OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES (cont.)
SERVICES
1-'95-91
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
3412 TRASH AND HAULING $58.00 per month plus additional tipping fee 2,000
for trash hauling.
3500 SERVICES: 35001 Centrifuge 15,000
Operations, Maintenance, & 35002 Air Scrubbers 2,000
Professional 35003 Generators 3,000
35004 Lawn Maintenance 30,000
35005 Admin. Building Cleaning 8,000
35006 Lab Equipment Calibration 1,000
35008 Other 1,000
60,000
TOTAL SERVICES $601,500
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OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES
QeE..RA TIONS/MAINTENANCE
1995-96
ACCT. NO. ACCT. TITLE DESCRIPTION IlUOGEI
4000 VEHICLE EXPENSE Lease vehicle; Mileage reimbursement @
$0.20/mile; Fuel for 2 pickup trucks and
1 leased automobile.
40001 Leased Vehicle $4,000
40002 Mileage Reimbursement 1,000
40003 Fuel for Vehicles 3,000
$8,000
4020 BOARD CONTINGENCY Public relations, good will tours, floral
arrangements or fruit baskets, cards for
illnesses or funerals, and miscellaneous
business expenses:
40201 Board Expense: Appreciation 1,000
40202 Board Expense: Meals and Entertainment 1,000
40204 Board Expense: Travet, Lodging 1,000
3,000
4100 TELEPHONE EXPENSE Monthly base fees and long-distance usage 12,000
including Fax machine and 1 cellular phone.
4400 EQUIPMENT RENTAL Cranes, various equipment, and instru- 3,000
ments as required in maintenance and
operations.
4500 INSURANCE EXPENSE 45001 Property Liability Package 50,000
45002 Vehicle Insurance 7,000
45003 Public Officials and Employees 8,000
Liability
45004 Fidelity and Public Officials Bond 1,000
45005 Pollution liability 35,000
45006 Boiler & Machinery 6,000
107,000
.
4600 M & R EQUIPMENT Annual repair items for pumps and plant
equipment
46001 Influent Building 4,000
46002 Aerators 1,000
46003 Blower Building 6,000
46004 Scrubbers 2,000
46005 Clarifler 2,000
46006 Return Building 5,000
46007 Chemical Building 7,000
46008 Chlorination 3,000
46009 EQ Building 3,000
46010 Effluent Building 3,000
46011 Shop Building 1,000
46012 Office Building 2,000
46013 Dechlorination 1,000
46014 Miscellaneous 5,000
45,000
OPERATIONS/MAINTENANCE (cont.)
. .
1995-96
A~CT. N(b ACCT. TITLE DESCRIPTION B.UººET
4620 M & R VEHICLES Annual repairs for vehicles:
46201 Trucks and Tractor 2,000
46202 Leased Auto 500
46203 Service Carts 3,000
46204 Boom Truck 3,000
46205 Other 500
9,000
4630 M & R GROUNDS Landscaping, sprinkler systems, retention 3,000
ponds, piping, fertilizer, etc.
4640 M & R BUilDINGS Painting, Repair or replacement of doors, 5,000
screens, locks, windows, ceiling tiles,
electrical, plumbing, and lighting.
4650 M & R UNSPECIFIED Funds for emergency or unidentified 20,000
equipment deficiencies that require upgrade
or improvement in operation.
4900 ADVERTISING Advertisement and legal ad allowance 1,000
related to plant operation or bids and
public notices.
4902 LICENSES AND PERMITS UAIE 13,000
Lab Certification 400
Operating Permit 7,500
Storage Tank 100
8,000
PALM BEACH COUNTY
Operators' Licenses 2,150
Air Pollution Licenses 100
Wellfield Permit 350
Storm Water 1,150
Tags on Trucks 100
3,850
.. CITY & SPECIAL DISTRICT
Solid Waste Assessment 300
Special District Fee 175
Other 675
1,150
5240 UNIFORMS Board participates 50% in uniform rental. 6,000
Board cost $3. 75/week. Cost to purchase 7
pants and 7 shirts provided on a one-time
basis cost of $225.00 per employee.
(Provides 3 new sets each year: $100.(0). _
Annual work shoe allowance: $75.00 per
employee per year. Annual prescription Safety
Glasses: $75.00.
OPERA TIONS/MAINTENANCE (cont.)
1995-96
ACCT. NO. ACCT. TITLE DESCRIPTION BUDGET
5400 MEMBERSHIP DUES AND Dues - Professional organizations (FWPCOA. 3,000
SUBSCRIPTIONS WPCF, AMSA). Professional Registration
Journals, Newspapers, Personnel, and Human
Resources subscriptions and Dues.
Operational subscriptions and Dues; Safety
Council.
5410 TECHNICAL TRAINING Operators' Short Schools, Regional schools,
Lab Technical, and Quality Assurance
Short Schools; Personnel Seminars;
Computer Classes; WPCF Convention;
Technical Schools; Annual Conference.
54101 Conferences 4,000
54102 Meals 1,000
54103 Travel & Lodging 5,000
10,000
5420 EDUCATIONAL EXPENSES Classes, books, and fees. 2,000
TOTAL OPERA TIONS/MAINT. $250,000
==========
.
..
.
OPERATING EXPENSES: SERVICES: MAINTENANCE: CHEMICALS & SUPPLIES
CHEMICALS AND SUPPLIES
1995-96
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGe:r
4300 ELECTRICITY $0. 045 per KWH including surcharge for peak $450,000
usage.
4302 WATER CONSUMPTION Budgeted for 1,000,000 gallons monthly 14,500
@ $1.45 per 1,000 gallons (estimate).
5100 OFFICE SUPPLIES Annual projection: Postage, copier paper, 7,000
stationery, business cards, check printing,
general office supplies, & necessities.
5201 SAFETY SUPPLIES Gloves, protective glasses, face shields, 5,000
hearing protection, overboots, ear-plugs,
muffs, emergency eye wash station,
emergency showers, cartridge respirators,
gas cartridge, sterile storage bags for resp-
irators, disinfection systems for respirators,
fit test ampoules, respirator storage cabinets,
disposal respirators, chemical spill absorb-
ents, oil sorbent, liquid chemical neutralizers,
barricade tape, hazardous materials response
kit, salvage drum, diffusion detector tubes,
signs, labels, tags, first aid supplies, fire
extinguishers and accessories, hazardous
area lights, emergency small tools, safety
charts, books.
5202 GENERAL OPERATING Operating supplies, raingear, hard-hats, 15,000
SUPPLIES boots, drager tubes, gloves, hoses,
firehoses, chart pens, charts,
sludge jugs, flags, coffee supplies, water
cooler supplies, batteries, hurricane supplies,
and other miscellaneous supplies.
5203 JANITORIAL SUPPLIES Mops, brooms, paper goods, brushes, all 2,000
necessary janitorial cleaning supplies.
5204 LABORATORY SUPPLIES Laboratory upgrades and replacements. 30,000
Reagents, glassware, replacement of equip-
ment, apparatus. Lab supplies consumed by
testing procedures including Chlorine Testing.
5210 CHEMICALS 52101 Polymer: 28,000 Ibs @ $1.75/1b. $50,000
52102 Lime: Calculated 650 tons @ $92.00 60,000
per ton.
52103 Chlorine: 300 tons @ $4oo.oolton. . 120,000
52104 Biosulfite: 10 shipments @ $5,000. 50,000
52105 Misc. Chemicals 1,000
52106 Caustic 30 tons @ $544 per ton 16,000
297,000
. ,
~~MICA~Nº~LIES (cant)
1995-96
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
5220 OIL, GREASE, DIESEL, AND 10,000 gallons Diesel fuel for generator, gas, 13,000
LUBRICANTS grease, oil, and lubricants for pumps and
mowers.
5230 CONSTRUCTION MATERIAL Walkways, signs, fencing, rails, platforms, 4,000
small shelters, concrete, etc. Additional office
and storage units.
5250 SMALL TOOLS AND EQUIP- Handtools, drills, bits, files, small toolboxes, 5,000
MENT PURCHASE electrical equipment, and small maintenance
tools < $500.00 value.
5251 OFFICE EQUIPMENT Filing cabinets, chairs, calculators, adding 3,000
machines, office mats, shelves, printers,
tables < $500.00 value.
5252 LAB EQUIPMENT Magnetic sti"ers, automatic titration attach- 5,000
ment, oxygen probe, and small equipment
< $500.00 value.
TOTAL CHEMICALS AND
SUPPLIES $386,000
----------
----------
.
.
·
QPERA TING CONTINGENCY
1995-96
ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
4990 OPERATING CONTINGENCY To be utilized as a supplement for any line $50,000
items which are exceeded during the budget
year. Status of this Fund to be reported to
Board.
..
EJ~GlN...EERLttG
1995·96
~CCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET
3150 GENERAL 31501 Permit Assistance $25,000
31502 Process Control 35,000
$60,000
3160 BIOTOXICITY 5,000 5,000
3162 PRETREATMENT 10,000 10,000
TOTAL ENGINEERING $75,000
==========
.
"
PAGE 01
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
ANNUALBUDGETS:ACTUAL,BUDGETED,PROUECTED
1991-1996
DESCRIPTION 1990-91 1992-93 1993-94 1994-95 1994-95 1995-96
ACTUAL ACTUAL ACTUAL BUDGET PROUECTED BUDGET
SUMMARY TOTALS
PERSONNELSER~CES $1,176,339 $1,005,325 $1,074,247 $1,137,250 $1,102,500 $1,144,750
OPERATING EXPENSES: 1,775,732 1,476,783 1,505,063 1,793,000 1,598,500 1,703,000
SER~CES 742,680 551,296 558,640 645,000 545,500 601,500
OPERA TIONSIMAINTENANCE 295,102 259,298 229,814 272,000 235,000 251,000
CHEMICALS/SUPPLIES 737,950 666,189 716,609 876,000 818,000 850,500
TOTAL PERSONNEL AND
OPERATING EXPENSES 2,952,071 2,482,108 2,579,310 2,930,250 2,701,000 2,847,750
OPERATING CONTINGENCY 0 0 13,089 50,000 8,000 50,000
ENGINEERING 132,867 68,790 55,110 125,000 60,000 75,000
TOTAL BUDGET $3,084,938 $2,550,898 $2,647,509 $3,105,250 $2,769,000 $2,972,750
a...=..=_ ====:1=====- ========- ========-.- ========= ======.-==:
.
PAGE 02
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
PERSONNEL
ACCOUNT
NO. DESCRIPTION 1990-91 1992-93 1993-94 1994-95 1994-95 1995-96
ACTUAL ACTUAL ACTUAL BUDGET PROJECTED ID./ººEI
1212 REGULAR WAGES $840,485 $722,435 $748,480 $795,000 $778,000 $812,000
12121 SICK LEAVE REDUCTIONS 9,920 0 0 3,000 0 3,000
12122 PAYROLL CONTINGENCY 338 739 2,802 1,500 1,500 1,500
1214 OVERTIME 38,628 42,519 34,498 40,000 50,000 42,000
12151 EMPLOYEE ASSIST. PROG. 691 717 486 750 500 750
12152 PLANT PERFORMANCE 35,979 25,000 24,927 0 0 10,000
1221 SOCIAL SECURITY 71,154 60,133 59,336 70,000 66,000 62,000
1223 HEALTH INSURANCE 70,489 54,363 60,211 65,000 60,000 62,000
.
12231 DENTAL INSURANCE 6,498 6,173 5,599 7,000 7,500 7,500
12232 DISABILITY INSURANCE 8,325 5,380 2,410 8,000 5,000 6,000
12233 LIFE INSURANCE 2,060 2,334 925 2,000 1,000 1,000
1224 WORKERS' COMPENSATION 29,929 23,015 46,957 50,000 50,000 50,000
1225 UNEMPLOYMENT 885 4,482 10,551 10,000 9,000 10,000
1236 PENSION 60,958 58,035 77,065 85,000 74,000 77,000
.
TOTAL PERSONNEL
SERVICES $1,176,339 $1,005,325 $1,074,247 $1,137,250 $1,102,500 $1,144,750
....=-.... =.......... .-=-.===- ========-== =======:= ========-...
. , .
PAGE 03
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
SERVICES
ACCOUNT 1990-91 1992-93 1993-94 1994-95 1994-95 1995-96
NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
3100 MEDICAL SERVICES $81 $397 $2,400 $3,000 $2,000 55,500
3110 LEGAL (GENERAL & ADMIN) 30,452 21,440 39,036 40,000 40,000 40,000
3112 LEGAL. (TOXICITY) 39,986 482 40 5,000 ° 5,000
3120 SERVICES (G & A) 19,564 8,307 52,537 21,000 30,000 26,000
3200 AUDITING 16,497 14,061 13,695 20,000 13,000 20,000
3400 PRETREATMENT 8,328 6,726 6,979 9,000 9,000 9,000
3402 TOXICITY TESTING 14,375 27,854 29,457 35,000 35,000 35,000
3404 CHEMICAL ANALYSIS 2,145 2,009 4,718 5,000 4,500 5,000
3406 METER CALIBRATION 7,028 7,705 4,811 5,000 6,000 6,000
3410 SLUDGE HAULING 564,572 392,278 314,574 400,000 325,000 350,000
3411 GRIT HAULING 20,897 24,000 30,200 30,000 33,000 38,000
3412 TRASH HAULING 1,068 1,519 1,128 2,000 1,000 2,000
3500 SERVICES (0 & M) 17,687 44,518 59,065 70,000 47,000 60,000
TOTAL SERVICES $742,680 5551,296 $558,640 $645,000 $545,500 5601,500
......... ........... ========.. =========-. ========= ====.-:_._.
.
. '
PAGE 04
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ºPf.~NS/MAINTENANCE
ACCOUNT 1990-91 1992-93 1994-95 1994-95 1994-95 1995-96
NO. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
4000 VEHICLE EXPENSE $6,996 $6,548 $2,900 $9,000 $6,000 $8,000
4020 BOARD CONTINGENCY 5,970 2,394 1,891 7,000 1,000 3,000
4100 TELEPHONE 9,158 9,234 10,937 12,000 11,000 12,000
4400 EQUIPMENT RENTAL 520 425 15,905 2,000 11,000 3,000
4500 INSURANCE 81,089 84,726 92,435 104,000 105,000 107,000
4600 M & R EQUIPMENT 127,747 57,859 40,593 60,000 42,000 45,000
4620 M & R VEHICLES 5,130 6,126 2,724 9,000 7,000 10,000
4630 M & R GROUNDS 2,959 48,831 0 3,000 2,000 3,000
4640 M & R BUILDINGS 13,083 18,780 9,030 15,000 5,000 5,000
4650 M & R UNSPECIFIED 19,623 6,126 38,242 20,000 15,000 20,000
4900 ADVERTISING 1,115 201 270 1,000 1,000 1,000
4902 LICENSE & PERMITS 2,609 4,573 3,787 5,000 10,000 13,000
5240 UNIFORMS 4,488 4,263 4,986 6,000 6,000 6,000
5400 MEMBERSHIP DUES & SUBSCRIP 2,123 3,030 3,660 5,000 2,000 3,000
.
5410 TECHNICAL TRAINING 8,706 5,070 1,822 10,000 10,000 10,000
5420 EDUCATIONAL EXPENSES 3,786 1,t12 632 4,000 1,000 2,000
TOTAL OPERATlONS/MAINT. $295,102 $259,298 $229,814 $272,000 $235,000 $251,000
......:... ........... .....=... ==-...===== ==:1;====:11= ====31=_====
PAGE 05
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
çtlEMICALS/SUPPLlES
ACCOUNT 1990-91 1992-93 1993-94 1994-95 1994-95 1995-96
NQ. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
4300 ELECTRICITY $456,390 $414,948 $412,092 $450,000 $440,000 $450,000
4302 WATER 8,930 10,130 11,689 12,000 17,000 14,500
5100 OFFICE SUPPLIES 7,215 8,978 6,797 9,000 7,000 7,000
5201 SAFETY SUPPLIES 14,442 3,258 5,259 5,000 5,000 5,000
5202 GENERAL OPERATING 16,337 15,112 11,737 15,000 15,000 15,000
5203 JANITORIAL SUPPLIES 4,890 1,553 1,857 3,000 2,000 2,000
5204 LABORATORY SUPPLIES 16,839 19,188 24,708 30,000 25,000 30,000
5210 CHEMICALS 191,474 175,076 223,834 320,000 285,000 297,000
5220 Oil, FUel, lUBRICANTS 6,727 5,132 4,084 15,000 10,000 13,000
5230 CONSTRUCTION MATERIALS 2,749 674 3,074 4.000 3,000 4,000
5250 SMALL TOOLS < $500 7,347 5,389 3,639 5,000 3,000 5,000
5251 OFFICE EQUIPMENT < $500 2,488 2,507 3,002 3,000 1,000 3,000
5252 LAB EQUIPMENT < $500 2,122 4,244 4,837 5,000 5,000 5,000
.. TOTAL CHEMICALS/SUPPLIES $737,950 $666,189 $716,609 $876,000 $818,000 $850,500
...===-.=- ==......... ====-===- =====._._== --------- ===========
---------
OPERATING EXPENSES (SUMMA_FrD
SERVICES $742,680 $551,296 $558,640 $645,000 $545,500 $601,500
OPERATIONSIMAINTENANCE 295,102 259,298 229,814 272,000 235,000 251,000
CHEMICALS & SUPPLIES 737,950 666,189 716,609 876,000 818,000 850,500
TOTAL OPERATING EXPENSES $1,775,732 $1,476,783 $1,505,063 $1,793,000 $1,598,500 $1,703,000
===.=-.=== =.a......._ ===::a:===== =.....1:1.==_ ========= ======...111:11
" .
PAGE 06
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
OPERATING CONTINGENCY
ACCOUNT 1990-91 1992-93 1993-94 1994-95 1994-95 1995-96
NQ. DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
4990 OPERATING CONTINGENCY $0 $0 $13,089 $50,000 $8,000 $50,000
TOTAL OPERATING CON TINGEN $0 $0 $13,089 $50,000 $8,000 $50,000
......... .......==.. :::I=m...... ==......m== ====_._.= ===========
.
. ' .
PAGE 07
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
ENGINEERING
ACCOUNT 1990-91 1992-93 1993-94 1994-95 1994-95 1995-96
Nº- DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET PROJECTED BUDGET
3150 GENERAL $106,314 $63,831 $53,714 $125,000 $60,000 $60,000
3160 BIOTOXICITY 17,249 0 18 0 0 5,000
3162 PRETREATMENT 9,304 4,959 1,378 0 0 10.000
TOTAL ENGINEERING $132,867 $68,790 $55,110 $125,000 $60,000 $75,000
......... ..====ZIII... 1iI....=... ........... .....===: =..........
..
"
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
SINKING FUND
1995 -1996
.01 Repair deteriorated concrete in channel of Screening Building, $100,000
B Aeration basins, scum pit, lift stations.
.02 Replace level indicator control and annunciator panel Effluent Bldg. 2,500
.03 Modify and replace flow master device - Screening Bldg. 2,000
.04 Overhaul control panel & install AC unit - A RAS Bldg. 4,500
.05 Replace sludge loading pump. 6,000
.06 Replace gears cyclone grit remover 5,000
.07 Replace effluent influent composite sampler. 3,000
.08 Replace Lab distillation unit. 1 0,000
.09 Replace deteriorated metal doors & frames throughout plant 40,000
Single 9 Double 10 Hoist door Screening Bldg. 1
..
.10 Paint Interior Admin. Bldg., Walkway B Clarifiers, Lime Silo Bldg. 60,000
North side Chemical Bldg., tanks & scrubbers
DAF area & incinerator
.11 Replace carpet in Admin. Bldg. 10,000
- ..
TOTAL SINKING FUND $243,000
---------
---------
"' ,
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
SURPLUS FUND
1995 -1996
.01 Repair Effluent Force Main - Land $80,000
.02 Emergency Effluent Discharge Improvements 70,000
.02 Remove Incinerator 75,000
-
TOTAL SURPLUS FUND $225,000
---------
---------
* $200,000 remains from Surplus Fund monies appropriated previously for Effluent
Force Main Study and Intracoastal emergency repairs to make necessary repairs
..
in Ocean Outfall.
. ' .
,
-' .. "', . .. "
r
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
CAPITAL ASSETS
1995 -1996
.01 Centrifuge Hoist - Chemical Bldg. $14,500
.02 Chiller for Centrifuge - Chemical Bldg. 7,000
.03 Screening Building Hoist - Screening Bldg. 5,000
.04 Purchase Used Golf Cart (Maintenance) 3,000
.05 Portable Gas Welder 3,000
.06 Computer Work Station 1,000
------
TOTAL CAPITAL ASSETS $33,500
---------
---------
..
/
"
. ' .
-
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
.
CAPITAL PROJECTS
1996 -1996
.01 Modify Grit Unloading Pit $15,000
.02 Construction New Operators' Room 60,000
TOTAL CAPITAL PROJECTS $75,000
---------
---------
..
,
"
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER mv{
SUBJECT: AGENDA ITEM # F·¿3. - MEETING OF AUGUST 15, 1995
ACCEPTANCE OF DEEDS FOR FIVE COUNTY OWNED PARCELS
DATE: AUGUST 11, 1995
This is before the Commission to accept deeds for five vacant
properties from Palm Beach County. The parcels were acquired by
the County due to tax delinquency. Parcel 1 is an unimproved
street. Parcels 3 and 5 are alleys. Parcels 2 and 4 are lots we
expect to use in our housing program. We were attempting to buy
Parcel 2, and the County said they would give it to us if we
would accept the others also.
Based on the information provided by the County and a visual
inspection by the City Engineer and the Planning Director, the
Development Services Management Group recommended that the City
accept the conveyance of the five subject parcels.
Recommend acceptance of the County deeds for the five parcels as
described in Appendix II All attached.
Of(
~
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~RL~CIPAL PLANNER
2~¡¿~ "
-
FROM:
SUBJECT: MEETING OF AUGUST 15, 1995 ***CONSENT AGENDA ***
ACCEPTANCE OF COUNTY DEEDS FOR FIVE PARCELS FROM
PALM BEACH COUNTY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is acceptance of County Deeds
for five properties from Palm Beach County. The subject properties are five
vacant parcels located in the City of Delray Beach described in Appendix "A"
BACKGROUND:
The Palm Beach County Property and Real Estate Department contacted the City in
April 1995 regarding the disposition of eight county owned parcels located within the
City of Delray Beach. The parcels were acquired by the County due to tax
delinquency. Three of the parcels are access tracts for existing residential properties.
The County is negotiating with the adjacent property owners for the disposition of
those parcels. The remaining five parcels are to be deeded to the City.
DSMG CONSIDERATION:
The Development Services Management Group discussed this item at a meeting in
May 1995. Based on the information provided by the County and a visual inspection
of the properties by the City Engineer and the Planning Director, DSMG
recommended that the City accept the conveyance of the five subject parcels.
. ,
City Commission Documentation
Acceptance of County Deeds
Page 2
RECOMMENDED ACTION:
By motion, accept the County Deeds for the five parcels, as described in Appendix
"A."
Attachments:
o Appendix "An
o Location Maps
o County Deeds
.
Appendix "A"
Legal Descriptions
Parcel One:
PCN: 12-43-46-04-00-000-7191
The west 350 feet of the north half (N 1/2) of the south half (S 1/2) of the northeast
quarter (NE 1/4) of the southwest quarter (SW 1/4) of the southwest (SW 1/4) (less the
south 141.8 feet and the road right-of-way) in Section 4, Township 46 South, Range
43 East
Parcel Two:
PCN: 12-43-46-16-01-014-0140
The north 100 feet of the east 135 feet of Block 14, Town of Linton (now Delray)
according to the plat thereof recorded in Plat Book 1, Page 3, Public Records of Palm
Beach County, Florida.
Parcel Three:
PCN: 12-43-46-16-01-016-0170
The east 16 feet of the west 172.39 feet of the north half (N 1/2) of Block 16, Town of
Linton (now Delray), according to the plat thereof recorded in Plat Book 1, Page 3,
Public Records of Palm Beach County, Florida.
Parcel Four:
PCN: 12-43-46-17-07-038-0010
Lot 1, Block 38, Resubdivision of South Half (S 1/2) Block 38 and Subdivision of the
North Half (N 1/2) Block 39, Town of Linton (now Delray, Florida) according to the plat
thereof recorded in Plat Book 11, Page 34, Public Records of Palm Beach County,
Florida.
Parcel Five:
PCN: 12-43-46-20-18-000-0133
The west 15 feet of the east 215 feet of Lots 13, 14, 15, and 16 of Esquire
Subdivision, a replat of the east half (E 1/2) of the west half (W 1/2) of Lot 29 of Map
"' , .
City Commission Documentation
Acceptance of County Deeds
Page 2
filed in Plat Book 1, Page 4, Palm Beach County Records in southwest quarter (SW
1/4) Section 20, Township 46 East, Range 43 South, according to the plat thereof
recorded in Plat Book 23, Page 43, Public Records of Palm Beach County, Florida.
.
,
PI/RCEL ONé
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.~ ," HIGH SCHOOL
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. '
RETURN TO:
ROBERT D. STRANE
PROPERTY & REAL ESTATE MANAGEMENT
3323 BelVEDERE ROAD
BUILDING 503
. \lEST PALM BEACH, FL 33406-1548
FolIo: 12-43-46-04-00- 000-7191
R95'- 950 D
COUNTY DEED
THIS DEED, made this _ day of Jill 1 B 1995 , 1995 by
PALM BEACH COUNTY, FLORIDA, a Political SUbdivision of the state of
Florida, party of the first part, and the City of Delray Beach,
...!~tJlìiìn.rmjjnì[j¡.Mluûì!'11ìì11ìlMiJ» party of the second part.
WIT N E SSE T H: That said party of the first part, for
and in consideration of the sum of Ten Dollars and no cents
($10.00) to it in hand paid by the party of the second part,
receipt whereof if hereby acknowledged, has granted, bargained and
sold to the party of the second part, its successors and assigns
forever, the following described real property lying and being in
Palm Beach county, Florida: !"
THE WEST 350 FEET OF THE NORTH HALF (N 1/2) OF THE SOUTH
HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE
SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW
1/4) (LESS THE SOUTH 141.8 FEET AND THE ROAD RIGHT-OF-
WAY) IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST.
Pl\.r.F: 1 OF ?
. '
- - . - -. - - ~ - - . .
IN WITNESS WHEREOF the said party of the first part has caused
these presents to be executed in its name by its Board of County
Commissioners acting by the Chair or Vice-Chair of said Board, the
day and year aforesaid.
ATTEST: PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
DOROTHY H. WILKEN, CLERK By, G~
BY:~~-4,Ø~) JUL 18 1995
Deputy Cle K ~ er, Chair
.
R95 "'''''''\''
950 0 -,'f~.~ ~l!! Pi I,
--0,' '.('11,
:00' ~ 8i:.,~'OI,,,
:11::,' Cl..~ ',1:-
:<, V. ,~
~o: COUNT. :0
~ )\ 'G,
By: ~. :'.~¿ Of\\\')~"~
"''¡'~'" ..?>,~
Asst. 'II ~1···-· '&\
'" ~ * 9 "'~
""\",,,..
,.n¡ììì!m"ttl.'¡Wîìllm...li.. STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged ~~re me this / ~
day Of~, 1995 b~ "fi:>c;k1.a... . The (MtJ~) of the
Board 0 0 ty Corntnissio ers who is personally known to me and did
take an oath.
~/';/___.J tfk./~ð/f
,,'rç.~~Pv,.., W:U.I.\ as.WAI.T Notary Publ~c
~. .('-~J ~ C~)!~~~J ~:~~?~~\/~ .-': 3~~~37
~ 11', '._ I.:: .""....",,( ",1..9.1
U"f.~:'L<- ,oj ;:·~;::.ëO '[i"I) Print Name:
"f'l wY· I. T\.AN1IC BONIJING CO.,INC
-
Commission Expires: r
commission No.:
HMR\DEED3.DEl
06/15/95
.
,
RETURN TO:
ROBERT O. STRANE
PROPERTY & REAL EST A TE MANAGEMENT
3323 BELVEDERE ROAD
BUILDING 503
,\lEST PALM BEACH, FL 33406-1548
Folio: 12-43-46-16-01-014-0140
R9S 951 0
COUNTY DEED
THIS DEED, made this _ day of JUL 18 1995 1995 by
, PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of
Florida, party of the first part, and the City of Delray Beach,
party of the second part.
.!immQ;ø¡¡ìllmìlìiJmHlm¡nj¡ìUüli¡¡¡~t'rnìml_ WIT N E SSE T H: That said party of the first part, for
and in consideration of the sum of Ten Dollars and no cents
($10.00) to it in hand paid by the party of the second part,
receipt whereof if hereby acknowledged, has granted, bargained and
sold to the party of the second part, its successors and assigns
forever, the following described real property lying and being in
Palm Beach County, Florida: r·,
THE NORTH 100 FEET OF THE EAST 135 FEET OF
BLOCK 14, TOWN OF LINTON (NOW DELRAY)
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA
PAGE 1 OF 2
.
,
IN WITNESS WHEREOF the said party of the first part has caused
these presents to be executed in its name by its Board of County
Commissioners acting by the Chair or Vice-Chair of said Board, the
day and year aforesaid.
ATTEST: PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
DOROTHY H. WILKEN, CLERK
BY:~A~/f?: By:
Deputy Cl
APPROVED AS TO FORM R95 951 0
AND LEGAL SUFFICIENCY ....',""'\'\111,
_~' v_~Y!!1" .JIl,
t- :o~" " 0"
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,_üJHJ1¡mmm.IIIDji¡l¡Jll!jft~1nrffK.rullmlìlií STATE OF FLORIDA f." ~ * S..--
\\\",,"''''..
COUNTY OF PALM BEACH
T foregoing inst~t W1jL ~OWledge~efOre me this J~
day of
, 1995 by t;2.vt ~ . The Lll-rna-vú of the
Board 0 Co ty Commission rs who is personally known to me and did
take an oath. 0,~
,tÇ-V.Dud' VlILL/.\ OSWALT IÛÆ~~
J rffi 'i; COM;,.I!Sf,ION # CC 354437 Notary Public
'!!. !L.- i" E~:F!f,;~SMA'(6,1998 Print Name:
"fI/:ct..::-vf<:" bO'~[1=O THRU
<Dr!L' {,TlANTIC SONDING CO.. IlfC
Commission Expires: r "
Commission No.:
MMR\DEED2.DEL
06/15/95
. ,
RETURN TO:
ROBERT D. STRANE
PROPERTY & REAL ESTATE MANAGEMENT
3323 BELVEDERE ROAD
BUILDING 503
-\lEST PALM BEACH. fL 33406-1548
folIo: 12-43-46-16-01-016-0170
RY5 952 0
COUNTY DEED
THIS DEED, made this _ day of JUl 18 1995 1995 by
, PALM BEACH COUNTY, FLORIDA, a Political SUbdivision of the State of
Florida, party of the first part, and the City of Delray Beach,
party of the second part.
ìilJìíiÎlliIìiØìJìij'jjmlHIDjfj¡rMìltiIlJfø WIT N E SSE T H: That said party of the first part, for
and in consideration of the sum of Ten Dollars and no cents
($10.00) to it in hand paid by the party of the second part,
receipt whereof if hereby acknowledged, has granted, bargained and
sold to the party of the second part, its successors and assigns
forever, the fOllowing described real property lying and being in
Palm Beach county, Florida: r',
THE EAST 16 FEET OF THE WEST 172.39 FEET OF THE
NORTH HALF (N 1/2) OF BLOCK 16, TOWN OF LINTON (NOW
DELRAY), ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
PAGE 1 OF 2
, ,
IN WITNESS WHEREOF the said party of the first part has caused
these presents to be executed in its name by its Board of County
Commissioners acting by the Chair or Vice-Chair of said Board, the
day and year aforesaid.
,ATTEST: PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
DOROTHY H. WILKEN, CLERK
By,~g~ By'
Deputy Cler 1995
JUL 18
R9) "152 0
. ..."""\,..
_-"-"ÇOUNP',
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III,,:) * S _---
STATE OF FLORIDA '.""......
_ij¡¡OOMmiì1íli:l!ilÜlJliljI~.!lìr~~ìlfilìlm.ß¡!IIIIIÏ~ COUNTY OF PALM BEACH
fo egoing inst=¡t was acknowledged rere me this I f'éL
, 1995 by e,., t=ö"iklv. The '/M 4.L.I of the
Coun y Commission rs who is personally known2'fo me and did
oath.
V./---,;~ ~~yr-
'{ Þ WILLA O'''Wf.1 T Notary Public
<'t-f(.ffiill~/6 " .....
c>' ¡:. COMM!SSlON ~ CC 364437
~ . ,_'~ FXFIRES MAY Ii, 1!'198 Print Name:
'::t' ;;-...t:,:s.../~" BON:1ë!J THRU
?,cOF p,;J' ATLANTIC BONDING CO., INC
commission Expires: !,.
Commission No.:
MMR\DEED I.DEl
06/15/95
PAGE 2 OF 2
. .
,
RETURN TO:
ROBERT D. STRANE
PROPERTY & REAL ESTATE MANAGEMENT
3323 BELVEDERE ROAD
BUILDING 503 R95 953 0
.WEST PALM BEACH, FL 33406-1548
Folio: 12-43-46-17-07-038- 001 0
COUNTY DEED
THIS DEED, made this _ day of JUl 18 1995 , 1995 by
PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of
Florida, party of the first part, and the City of Delray Beach,
party of the second part.
ìl~.iìtì¡ìlì~m'íi.lìJrîll¡ìr~¡\ìJîjjMMi WIT N E SSE T H: That said party of the first part, for
and in consideration of the sum of Ten Dollars and no cents
($10.00) to it in hand paid by the party of the second part,
receipt whereof if hereby acknowledged, has granted, bargained and
sold to the party of the second part, its successors and assigns
forever, the fOllowing described real property lying and being in
Palm Beach county, Florida: f'
LOT 1, BLOCK 38, RESUBDIVISION OF SOUTH HALF (S 1/2)
BLOCK 38 AND SUBDIVISION OF NORTH HALF (N 1/2) BLOCK 39,
TOWN OF LINTON (NOW DELRAY, FLORIDA) ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 34, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA
PAGE 1 OF 2
. ,
IN WITNESS WHEREOF the said party of the first part has caused
these presents to be executed in its name by its Board of County
commissioners acting by the Chair or Vice-Chair of said Board, the
day and year aforesaid.
,ATTEST: PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
DOROTHY H. WILKEN, CLERK
By:7kuÂ-~?~ By:
Deputy Clerk
R 95 9 ~}'c:ç~~~þlll
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',,-oJ.', "A.~5
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I" :J * S".-
,\\,\""",...
STATE OF FLORIDA
~nnjj¡l¡n¡'I'Iì.jjjlìI1lOOlMllIìil\¡ìLjiWI. COUNTY OF PALM BEACH
f regoing instr~t was acknowledged ~~ore me this ~
v , 1995 by ~ ""ïf=ô!i~ . The (¡--'yÝl~ of the
o ty Commission rs who 1S personal~ known to me and did
oath.
b~/ß~-I ~~J-ød -
....~""yrt'.;" W!l.l.J\ O~':/,)!.T Notary Public
~3: p:~ ;~ cal-:~.pf;3J:'.')~ u (.c ~1f"~4"37 .
~"l~-~7 '¡_~' .:~ EX~'~~S ~~~v.t R,1P~ìê Pr1.nt Name:
")/......._~:> r;/.)¡1n......J rlirjj'
,ii.1 ::.oj,.' /; ì,.J~j~l.i(: &\},i.,lDIN6"CfJ...lliIG '"
Comm1ss1on Exp1res: r,
Commission No.:
MMR\DEED4.DEL
06/15/95
P1\r::F. ') nF. ?
-
RETURN TO:
ROBERT D. STRANE
PROPERTY & REAL ESTATE MANAGEMENT
3323 BELVEDERE ROAD
BUILDING 5D3
WEST PALM BEACH, FL 33406-1548
Folio: 12-43-46-20-18-Wl~133
R95 954 0
COUNTY DEED
. JUL 18 1995
THIS DEED, made this _ day of , 1995 by
PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of
Florida, party of the first part, and the City of Delray Beach,
party of the second part.
, gijt~)íl¡~iI¡UìJiìølllÅ’~i1lll!!'~rtJìrìU'ì<11"ÎII WIT N E SSE T H: That said party of the first part, for
and in consideration of the sum of Ten Dollars and no cents
($10.00) to it in hand paid by the party of the second part,
receipt whereof if hereby acknowledged, has granted, bargained and
sold to the party of the second part, its successors and assigns
forever, the following described real property lying and being in
Palm Beach County, Florida:
THE WEST 15 FEET OF THE EAST 215 FEET OF LOTS 13,14,15,
AND 16 OF ESQUIRE SUBDIVISION, A REPLAT OF THE EAST HALF
(E 1/2) OF THE WEST HALF (W 1/2) OF LOT 29, AND THE WEST
HALF (W 1/2) OF THE EAST HALF (E 1/2) OF LOT 29 OF MAP
FILED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY RECORDS
IN SOUTHWEST QUARTER (SW 1/4) SECTION 20, TOWNSHIP 46
SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 23, PAGE 43, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
.
IN WITNESS WHEREOF the said party of the first part has caused
these presents to be .executed in its name by its Board of county
commissioners acting by the Chair or Vice-Chair of said Board, the
day and year aforesaid.
ATTEST: PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY COMMISSIONERS
DOROTHY H. WILKEN, CLERK By,Q~
By: æ:~Æ~JÇI,~
Deputy Cler~ K n. ter, ChairJUl 18 1995
R95 954 0
APPROVED AS TO FORM .....'",,\.\\\
AND LEGAL SUFFI NCY _-';'-'c,c? ~_"! r-'þ.I,
:o~ " -, ,,',
By: ~- , - '~BE:" . ,
:-()/ -..: "Ie ',0',
; tt:: q, 't' 1- ,,~ ~
~<. . .J:/
"0' COUNTY. .:.-,
Asst. C un ~ t ' ,(rJ:
~CÞ~ ~ t- I'Y;
" .\ lOR\Q ,'0:
'..-4.~" ,'~':
'. ~j'-----'Ò"':
"" :> .. <; ,~~-
STATE OF FLORIDA "\.Il1o",,,,,,...."
COUNTY OF PALM BEACH
'iAjl.j¡¡jfj]ì¡Jì~~ii1ml~ß[I..ììl¡I.¡llå' foregoing inst~~ was ~OWiedged~re me this ~
, 1995 by ÞÐs . The d-1114-M/ of the
Cou y Commissio rs who is personally own to me and did
oath. ~).~ tßw~
";;\~I(t~P WILI..A O~WI\.LT Notary Public
.+. 1'1.1 ':'"-} CDr~i"!:33JDN II CG :1641137
~ ¡'it· EXFI8r;s ~~^y 1¡.1998 Print Name:
.y-~..."",:::. :;"\ ;:!t1uCd) (HR.j
"..'ui n)" hTLJ.N1ïC OONt>n~G C~)'"t I~JC
Commission Expires:
Commission No.: f'
MHR\DEED5.DEL
06/15/95
PAGE 2 OF 2
. '
. . ~
RECEIVED
[IT' DF DELRA' BEA[H AUG 1 0 1995
CITY MM" - -""~ (ì.:lICC
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRA Y BEACH
F LOR D A.
......
AII.America City MEMORANDUM
l' III!
DATE: August 8, 1995
1993 TO: City Commission
FROM: David N. To1ces, Assistant City AttornØ
SUBJECT: Acquisition of Utility Easement From Michael and Josephine Raimondi
Ridgewood Road 12" Water Main
The attached agreement is proposed to be entered into between the City and Mr. and
Mrs. Raimondi. The agreement provides that the city will pay the Raimondis
$10,000.00 in return for a twelve foot easement along the east 665 feet of their property.
Acquisition of the easement will permit the City to construct a water main from Barwick
Road to Military Trail in the northwest corner of the City.
As part of the agreement, the City will install the water main within the easement. The
City will also return all existing features on the Raimondi's property to equal or better
condition. The City Attorney's Office recommen.ds approval of the agreement, and
acceptance of the Easement Deed.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Dan Beatty, City Engineer
Alison MacGregor Harty, City Clerk
raimond2.dnt
r·c
® Printed on Recycled Paper
. '
RIGHT OF ENTRY EASEMENT AGREEMENT
FOR WATER MAIN CONSTRUCTION
.
THIS AGREEMENT is made and entered into this _ day of ,
1995, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation,
(hereinafter referred to as CITY), and MICHAEL & JOSEPHINE RAIMONDI, (hereinafter
referred to as OWNER).
WIT N E SSE T H:
- -
WHEREAS, OWNER presently owns property located in the City of Delray Beach,
Florida, and which is more particularly described on Exhibit "A"; and
WHEREAS, the CITY dBsires to modify and improve the water main facilities in
accordance with the plans as indicated in Exhibit "B", abutting Owner's property in Delray
Beach, Florida; and
WHEREAS, the CITY has determined that the water main construction and the
acquisition of an easement for construction and maintenance purposes on OWNER'S property,
as depicted in Exhibit "B", is necessary for the maintenance of a water system within the
CITY; and
WHEREAS, the parties desire to enter into this Agreement to legally bind each other
to the terms hereof.
NOW, THEREFORE, and in consideration of the sum of Ten Thousand Dollars
($10,000.00) and other good and valuable consideration, the receipt and sufficiency of which
are acknowledged, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by reference. All exhibits to this Agreement are hereby made a part
hereof.
.
,
2. Easement Deed. In consideration for the payment of Ten Thousand Dollars
($10,000.00), and subject to the terms and conditions contained in the Agreement, the
OWNER will convey upon the executron of this Agreement to CITY, an Easement Deed for
OWNER'S property herein described (see Exhibit "C"), for the purpose of construction and
maintenance of the water main. The Easement Deed shall allow for perpetual maintenance by
the CITY, including the right to enter upon and perform various construction tasks on the
following described property:
That portion of property indicated on Exhibit "C" - -
3. Installation. The CITY agrees to install the subject water main system and
appurtenances in a generally acceptable manner within the easement dedicated by the OWNER.
Such installation will be designed by CITY in a manner as to protect the interest of the
OWNER, and the facilities installed will continue within the dedicated easement until they exit
the property. The CITY will return all existing features on OWNER'S land, including
vegetation, to equal to or better than the condition prior to the installation of the facilities.
4. Completion Date. The CITY agrees to complete water main construction and
restoration on OWNER'S property that is the subject of this Agreement on or before
, 19_, unless a modification of this date is accepted in writing and executed
by both parties.
5. Working Schedule. The CITY agrees to coordinate the working schedule of
this construction project with OWNER so as to minimize any impact to the OWNER.
6. Maintenance. CITY will maintain the subject water main system in a
reasonable condition and should CITY fmd it necessary to conduct repair activities on the
water main system within the easement, CITY will return all disturbed areas to equal to or
better than condition prior to the action.
2
,
..- ....-. --
7. Notices. All notices, requests, demands, and other given if personally delivered
or mailed, certified mail, return receipt requested, to the following addressees to:
.
OWNER: Michael & Josephine Raimondi
4700 Palm Ridge Boulevard
Delray Beach, Florida 33445
CITY: City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444 --
8. Entire Agreement. This Agreement, along with the Easement Deed,
constitutes the entire agreement and understanding of the parties, and supersedes all offers,
negotiations, and other agreements. There are no representations or understandings of any
kind not set forth herein. Any amendment to said agreements must be in writing and executed
by both parties.
IN WITNESS WHEREOF, the parties have accepted, made and executed this
Agreement and three (3) counterparts, each constituting an original, upon the terms and
conditions above stated on the date first set forth above.
WITNESS #1: /'1£" ~?~ ~
~ rl~ By:h -ít!:Ù u¡...¡., I
~ ture of Witness) Michael Raimondi
IC\ì€\\€. V. ~ll.D.mS
(print or Type Name)
WITNESS #2:
~~~~
(Signature of Witness)
('{\~(Q'\\le ~.)\-·I<'
(print or Type Name)
3
,
~ .
ffi ture of 'DitneSS)
ic hvllfJ. . k:\1 i D (c\~
(Print or Type Name)
w~
~i?~~re of Witn~ss) --
n,(~ill-e ÇQns
(Print or Type Name)
CITY OF DELRA Y BEACH, FLORIDA
ATTEST:
By:
Thomas Lynch, Mayor
City Clerk
Approved as to Fonn
and Legal Sufficiency:
City Attorney
raimondi. agt
4
"
EXHIBIT" A"
Legal Description
12-46-42 W 1/2 of NW 1/4 of SE 1/4 of NW 1/4 and 12-46-42, W 1/2 of SW
1/4 of NE 1/4 of NW 1/4 (less east 25 feet)
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.
Prepared by: RETURN:
David N. Tolces, Esq.
City Attorney's Office
200 N.W. 1st Avenue :
Delray Beach, Florida 33444
#
EASEMENT DEED
THIS INDENTURE, made this ~ day of ~ 1995, by and between
MICHAEL RAIMONDI and JOSEPHINE RAIMO DI, whose address is
10\4 Ô.Lo~ Lc,,'\e. , Delray Beach, Florida 33_ party of the first part, and the CITY
OF DELRAY BEACH, 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal
corporation in Palm Beach County, State of Florida. party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum
ofTen ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of: installation and maintenance of public utilities
with full and free right, liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Attached Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the
second part, its successors and assigns, of ingress and egress over and on that portion of land
described above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and
reservations of record. That the party of the first part agrees to provide for the release of any and
all mortgages or liens encumbering this easement. The party of the first part also agrees to erect
no building or effect any other kind of construction or improvements upon the above-described
property .
It is understood that upon completion of such installation, all lands disturbed thereby
as a result of such, installation or spoilage deposited thereon, will be restored to its original
condition or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend
the same against the lawful claims of all persons whomsoever claimed by, through or under it,
that it has good right and lawful authority to grant the above-described easement and that the
same is unencumbered. Where the context of this Easement Deed allows or permits, the same
shall include the successors or assigns of the parties.
EXHIBIT ·C"
I
,
.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and
seals the day and year first above written.
WITNESS #1: I PARTY OF THE FIRST PART
~~~:;l£~~,",~~ B~7ki0 (h~~ .
(name printed or typed) ~ Michael Raimondi
WITNESS #2:
0\~~~~
(name printed or typed)
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this æ: day of
LT)\~I , 1995 by Michael Raimondi, who is personally known to -1J1e or
who has pro uced as identification and who did
(did not) take an oath. "-Q1~l"~,O 8Ihm(~
;.~ MIC"Éiliõ~EI!'Ñ~
Sig ture of Notary Public - State
l~t M'I ClJ,\MlSSION' cc of Florida
..: : , £J(I'IÆS' IkWtII\IJII 21. 1998
'¢'i. ,. 7 øandId 11W N.wv I'IØIC \JIIdII'MIIIII
..~..~~ .
WITNESS # I: PARTY OF THE FIRST PART
~Qo. ...(). ~ l ~ Y) f) rl....") BY:~'~*~ tL~'
ffi\~\\e\\e D. hill \(\(lis
(name printed or typed) osep me Raimondi
WITNESS #2:
Jr1~
m"íei\\e ~:\'(\ ~
(name printed or typed)
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this ~ day of
00\1.) , 1995 by Josephine Raimondi, who is Dersonallv known to me or who
has produced
and who did (did not) take an oath.
MARK PElKY
NOrAI\' I'UBUC !rATB OP
COMMI!iBIoN NO. CC3Ifa3S
MY OOMMII!8JON IXP. AUC.
2
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.
~,_.
£1" OF DELRA' BEA£H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 WRITER'S DIRECT LINE: (407) 243-7090
DELRAY BEACH #
F l 0 . I D A
...... August 16, 1995
AI~America City
, ~ III! Arthur Kahlenberg, Real Estate Specialist
1993 Facilities Planning, Design & Construction Dept.
3323 Belvedere Road, Building 503
West Palm Beach, Florida 33406 -
Subject: Sendzimir/Palm Beach County Palm Tran Satellite Facility. De1ray Beach
Dear Arthur:
The Delray Beach City Commission accepted the Corrective Quit-Claim Deed for the
Sendzimir property at its August 15, 1995 regular meeting. Please have the Trustees
execute and record the deed. The City will need' the deed for its records once it is
recorded.
Your cooperation is appreciated. Please call if you have any questions.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CITY OF DELRA Y BEACH, FLORIDA
By;d;)-O
David N. To1ces, Esq.
Assistant City Attorney
DNT:smk
cc: Susan A. Ruby, City Attorney
Alison MacGregor Harty, City Clerk
sendzi-l.dnt
@ Printed on Recycled Paper .
-. oK
W1.
[IT' OF DELRAY IEA[H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRA Y BEACH
F LOR I D ¡\
......
AII·America City MEMORANnUM
" III!
DATE: August 8, 1995
1993 TO: City Commission
FROM: David N. Tolces, Assistant City Attorn~
SUBJECT: Palm Tran Facility Right-of-Way for Don Francisco's Way
As part of the development of the Palm Tran Satellite Facility, the County is to improve
the 50 foot right-of-way for N.W. 1st Street (Don Francisco's Way). Apparently the
City did not obtain all the property necessary to construct a 50' right-of-way into the
Palm Tran Satellite Facility when it obtained the deed for the City in 1974. The original
deed conveyed the northerly 2025 feet. This left the City about 20 feet short of the
required right-of-way. The corrective deed indicates the correct distance of 2045 feet of
the Sendzimir property. Once the corrective deed is recorded, the City will have
sufficient right-of-way for Don Francisco's Way.
The City Attorney's Office recommends that the Commission accept the Corrective Deed
from the Sendzimir Trustee. Please call if you have 'any questions.
DNT:smk
sendzLdnt
Ã,t taa:hmen t
cc: Dàvid :r... Harden, City Manager
Alison MacGregor Harty, City Clerk
Diane Dominguez, Director of Planning and Zoning
f·D.
® Printed on Recycled Paper
.
~-_..,...'-
-
RETURN DOCUMENT TO:
I
t
PROPERTY CDIITROL NUH8ER: 12-43-46-18-00-000-1200
(DIlLY PART OF PCN)
CORRECTIVE
OUITCLAIM DEED
THIS INDENTURE, executed this _ day of , 1995 by
WILLIAM A. HUMMEL, CPA and BANK OF BOSTON - FLORIDA, N.A. , as
Successor Trustees of the Berthe M. Sendzimir Declaration of Trust,
. dated July 24, 1991, as amended, with full power and authority
either to protect, conserve and to sell, or to lease, or to
encumber, or otherwise to manage and dispose of the real property
described herein, of the County of Palm Beach, State of Florida,
hereinafter collectively referred to as Party of the First Part to
CITY OF DELRAY BEACH, whose post office address is 100 N.W. First
Avenue, Delray Beach, Florida 33444, of the County of Palm Beach,
State of Florida, hereinafter referred to as Party of the Second
Part.
WIT N E SSE T H:
WITNESSETH, that the Party of the First Part, for and in
consideration of the sum of ONE AND NO/100 ($1.00) DOLLAR in hand
paid by the Party of the Second Part, the receipt whereof is hereby
acknowledged, does hereby remise, release and quitclaim unto the
Party of the Second Part forever, all the right, title and interest
of the Party of the First Part to the property, situate, lying and
being in the County of Palm Beach, State of Florida, to wit:
THE SOUTH 20 FEET OF THE SOUTHERLY 425 FEET OF
THE NORTHERLY 2045 FEET OF THE NORTHEAST
QUARTER OF SECTION 18, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
(THE SOUTH LINE OF THE NORTHERLY 2045 FEET OF
THE NE 1/4 OF SECTION 18 IS COMMON WITH AND
LOCALLY DESCRIBED AS THE SOUTH LINE OF THE
NORTH 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SAID
SECTION 18) LYING EAST OF THE RIGHT-OF-WAY OF
LAKE WORTH DRAINAGE DISTRICT E-4 CANAL AND
WEST OF A LINE PARALLEL TO AND 550 FEET WEST
OF THE CENTERLINE OF SEABOARD AIRLINE RAILWAY
RIGHT-OF-WAY LESS RIGHT-OF-WAY FOR CONGRESS
AVENUE.
THIS CORRECTIVE QUITCLAIM DEED IS FOR THE
PURPOSE OF CORRECTING THE LEGAL DESCRIPTION
CONTAINED IN THE QUITCLAIM DEED RECORDED IN
OFFICIAL RECORDS BOOK 2321, PAGE 1894, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
THIS CORRECTIVE QUITCLAIM DEED IS MADE FOR THE
PURPOSE OF GRANTING TO THE PARTY OF THE SECOND
PART, ITS SUCCESSORS, LEGAL REPRESENTATIVES
AND ASSIGNS, A RIGHT-OF-WAY FOR PUBLIC ROADWAY
PURPOSES. THIS CORRECTIVE QUITCLAIM DEED IS
1
COpy
. '
.
-
FURTHER MADE WITH THE UNDERSTANDING BETWEEN
THE PARTIES THAT THE PARTY OF THE FIRST PART
WILL NOT BE RESPONSIBLE IN ANY WAY FOR
CONSTRUCTING OR MAINTAINING THE ROAD ON THE
ABOVE-DESCRIBED PROPERTY.
TO HAVE AND: TO HOLD the above described property, with the
appurtenances thereto, unto said Party of the Second Part in fee
simple forever.
IN WITNESS WHEREOF, the Party of the First Part has hereunto
set its hand and seal the day and year first above written.
signed, sealed and delivered
in the presence of:
WILLIAM A. HUMMEL, CPA,
SUCCESSOR TRUSTEE
Print Name of the Berthe M. Sendzimir
Declaration of Trust, dated
July 24, 1991, as amended
Address: 105 E. 4th Street
. Cincinnati, Ohio 45202
Print Name
BANK OF BOSTON - FLORIDA,
N.A. , SUCCESSOR TRUSTEE
of the Berthe M. Sendzimir
Declaration of Trust, dated
Print Name July 24, 1991, as amended
By:
Print Name:
Address: 450 Royal Palm Way
Print Name Palm Beach, FL 33480
State of Florida:
County of Palm Beach:
The foregoing instrument was acknowledged before me this ____
day of , 1995 by WILLIAM A. HUMMEL, CPA, Successor Trustee
of the Berthe M. Sendzimir Declaration of Trust, dated July 24,
1991, as amended, who is personally known to me or who has produced
a driver's license as identification.
(NOTARY SEAL)
Notary Public
Print Name
My commission expires:
State of Florida:
County of Palm Beach:
The foregoing instrument was acknowlëdged b6for~ me this ____
day of , 1995 by as
of Bank of Boston - Florida, N.A., Successor Trustee of the Berthe
M. Sendzimir Declaration of Trust, dated July 24, 1991, as amended,
on behalf of the bank. is personally known to me or has
produced a driver's licensëiãs identification.
(NOTARY SEAL)
Notary Public
Print Name
My commission expires:
nmr\agreennt\sendz ¡mr .qc
07113/95
2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ;'.£. - MEETING OF AUGUST 15, 1995
RESOLUTION NO. 56-95
DATE: AUGUST 11, 1995
This is a resolution assessing costs for abatement action
required to remove nuisances on 24 properties located within the
City. The resolution sets forth the actual costs incurred and
provides the mechanism to attach liens on these properties in the
event the assessments remain unpaid.
Recommend approval of Resolution No. 56-95 assessing costs for
abating nuisances on 24 properties within the City.
,
RESOLUTION NO. 56 - 95
A RESOLUTION.OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO .
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTs.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner (s) of the land (s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
i City of Delray Beach would proceed to correct this condition by abating
I such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
I
I WHEREAS, the property owner (s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
I
,
".¥.~.._~.' ,- .~-"'" -' -
.._,-
I the time designated at the hearing wherein a decision was rendered
, adverse to the property owner{s); and,
i
I WHEREAS, the-City of Delray Beach, through the City Administra-
Ii tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land{s) described in the·
i
I list attached and made a part hereof and incurred costs in abating the
, subject nuisance{s) existing thereon as described in the notice; and,
Ii
WHEREAS, the City Manager of the City of Delray Beach has,
I pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
I Beach, submitted to the City Commission a report of the costs incurred
I in abating said nuisance{s) as aforesaid, said report indicating the
, costs per parcel of land involved; and,
I .
Ii the City Commission of the City of Delray Beach,
!, WHEREAS,
1 pursuant to Chapter 100 of the Code of Ordinances desires to assess the
I
i cost of said nuisance{s) against said property owner{s),
I
¡,
i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
I
!¡ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
p
I,
i. Section 1. That assessments in the individual amounts as shown
I.
Ii by the report of the City Manager of the City of Delray Beach, involving
i
I the City's cost of abating the aforesaid nuisances upon the lots or
~
, parcels of land described in said report, a copy of which is attached
I
! hereto and made a part hereof, are hereby levied against the parcel (s)
I of land described in said report and in the amount(s) indicated thereon.
I Said assessments so levied shall, if not paid wi thin thirty (30) days
I after mailing of the notice described in Sec. 3, become a lien upon the
i respective lots and parcel(s) of land described in said report, of the
I same nature and to the same extent as the lien for general city taxes
¡ and shall be collectible in the same manner as mortgages and fore-
I
¡ closures are under state law.
I
i Section 2. That such assessments shall be legal, valid and
I binding obligations upon the property against which said assessments are
levied.
,
I
I
! Section 3. That the City Clerk of the City of Delray Beach is
I hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
I County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (3 0) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
I I
I - 2 - Res. No. 56 - 95
I
I I
t
\
I I
I I
I !
I
.
,
,
- - ~ r.·..~_ -- ,'''',_.'' '-. ..'-." . . ". ". -."., - .---.--.
__·M,~,_.~_~ _~_~~"_~____"_"_"'_~'~__~'M_ ..._--~---,. -_..'-'~
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30 ) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment{s), after which a lien shall be
placed on said property (s) , and interest shall accrue at the rate of
eight (8 ) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (3 0) days after the mailing .
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
I PASSED AND ADOPTED in regular session on this the day
of , 1995.
MAYOR
ATTEST:
City Clerk
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! - 3 - Res. No. 56-95
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LINN'S ADDITION TO V.C. & A.P. NOCERA TRUST $ 56.00
OSCEOLA PARK, DELRAY, 626 WEST DRIVE 70.00 (ADM. FEE)
LOT 20 (LESS N 1. 6 FT. . DELRAY BEACH, FL 33444
OF W 26 FT), BLK 87,
PB 1, P 133, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(232 SE 3RD AVENUE)
SUB. OF SEC. 20-46-43, KENNETH AUSTIN $ 51. 00
E 1/8 OF W 1/2 OF N 1/2 807 14TH STREET 70.00 (ADM. FEE)
OF LOT l/LESS N 1/2, WEST PALM BEACH, FL
PB 2 8 , P 68, PUBLIC 33401-2505
.
RECORDS OF PALM BEACH
COUNTY, FL
(SW 6TH AVENUE)
CARVER MEMORIAL PARK JULIA SIMMS $ 16.00
SUB., LOT 2, BLK. A, 204 NW 13TH AVENUE 70.00 (ADM. FEE)
PB 2 0 , P 56, PUBLIC DELRAY BEACH, FL 33444-1653
RECORDS OF PALM BEACH
COUNTY, FL
(204 NW 13TH AVENUE)
CARVER MEMORIAL PARK FIDELITY MFG. $ 56.00
SUB., LOT 13, BLK. B, 6677 LAKE WORTH ROAD 70.00 (ADM. FEE)
PB 2 0 , P 56, PUBLIC LAKE WORTH, FL 33467-1507
RECORDS OF PALM BEACH
COUNTY, FL
(NW 14TH AVENUE)
FAIRCREST HEIGHTS AMND. YOLLY P. VERZOSA $ 40.00
PLAT, -LOT "53, PB 42, 1090 AMSTERDAM AVE. # 7K 70.00 (ADM. FEE)
P 68, PUBLIC RECORDS NEW YORK, NY 10025-8103
OF PALM BEACH COUNTY,
FL
(2147 SW 36TH STREET)
TOWN OF DELRAY, E 50 FT GLADYS L. LASTER ESTATE $ 147.00
OF W 150 FT OF S 150 FT 511 NW 2ND STREET 70.00 (ADM. FEE)
OF BLK. 18, PB 1, P 3, DELRAY BEACH, FL 33444-2643
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(Sll NW 2ND STREET)
- 4 - RES. NO. 56-95
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TOWN OF DELRAY, S 3 FT JAMES W. NOWLIN, JR. $ 49.00
OF LOT 4, LOTS 5, 6, 7, TRUSTEE FOR MARTHA W. 70.00 (ADM. FEE)
8 & N 3 FT OF LOT 9 NOWLIN, TR
(LESS W. 5 FT RD R/W), 50 SE 4TH AVENUE
BLOCK 111, PB 13, P 46, DELRAY BEACH, FL 33483
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(225 SE 5TH AVENUE)
ROSEMONT PARK, DELRAY, . MARIE E. ERY & $ 67.00
LOT 24, BLOCK 1, ILECLERC J. BAPTISTE 70.00 (ADM. FEE)
PB 13, P 60, PUBLIC 602 SW 4TH AVENUE
RECORDS OF PALM BEACH DELRAY BEACH, FL 33444-3537
COUNTY, FL
(602 SW 4TH AVENUE)
TOWN OF DELRAY, E 50 FT MAE W. & AVERY T. SIDERS $ 80.77
OF W 150 FT OF N 135 FT 3001 EMBASSY DRIVE 70.00 (ADM. FEE)
OF BLK 11, PB 1, P 3, WEST PALM BEACH, FL
PUBLIC RECORDS OF PALM 33401-1041 .
BEACH COUNTY, FL
(614 NW 2ND STREET)
DELRAY BEACH HIGHLANDS RICHARD L. GERWECK & $ 55.50
SEC. 2, LOT 7, BLOCK 8, LILLIAN S. GERWECK 70.00 (ADM. FEE)
PB 2 7 , P 14, PUBLIC 1308 SW 22ND AVENUE
RECORDS OF PALM BEACH DELRAY BEACH, FL 33445
COUNTY, FL
(1308 SW 22ND AVENUE)
WEST SIDE HEIGHTS HATTIE L. HARWICK, EST. $ 66.00
DELRAY, LOT 4, BLK C, C/O S. QUAIL 70.00 (ADM. FEE)
PB 13, P 61, P.O. BOX 7043 FDR STATION
PUBLIC RECORDS OF NEW YORK, NY 10150-1908
PALM BEACH COUNTY, FL
(37 NW 10TH AVENUE)
TOWN OF DELRAY, N 58 FT IVERSON LASTER $ 66.00
OF S 312.12 FT. P.O. BOX 1225 70.00 (ADM. FEE)
OF E 135 FT, BLOCK 10, BOYNTON BEACH, FL 33425-1225
PB 1, P 3, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(NW 6TH AVENUE)
TOWN OF DELRAY, S 150 H. & HAZEL CLEM $ 73.25
FT. OF E 50 FT OF 3 SUMMER STREET 70.00 (ADM. FEE)
BLK 18 (LESS E 20 FT NORWALK, CT 06851-4503
R/W) , PB 1, P 3,
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(NW 2ND STREET)
- 5 - RES. NO. 56-95
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ATLANTIC GARDENS,DELRAY EVELYN CLINTON $ 33.75
LOT 19, BLOCK 10, C/O SONYA HOLLEY 70.00 (ADM. FEE)
PB 14, P 56, PUBLIC 217 NW 7TH AVENUE
RECORDS OF PALM BEACH DELRAY BEACH, FL 33444
COUNTY, FL
(SW 10TH AVENUE)
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 41.00
LOT 73, BLOCK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM. FEE)
PAGES 152/153, PUBLIC . NORTH MIAMI BEACH FL
RECORDS OF PALM BEACH 33180-2215
COUNTY, FL
(935 SUNFLOWER AVENUE)
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 33.75
LOT 26, BLOCK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM. FEE)
PAGES 152/153, PUBLIC NORTH MIAMI BEACH, FL
RECORDS OF PALM BEACH 33180-2215
COUNTY, FL
(940 NW 43RD AVENUE) .
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 26.50
LOT 74, BLOCK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM. FEE)
PAGES 152/153. PUBLIC NORTH MIAMI BEACH, FL
RECORDS OF PALM BEACH 331180-2215
COUNTY, FL
(915 SUNFLOWER AVENUE)
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 26.50
LOT 66, BLOCK 1, 19400 WEST DIXIE HWY. 70.00 (ADM. FEE)
PB 43, PAGES 152/153 NORTH MIAMI BEACH, FL
PUBLIC RECORDS OF 331180-2215
PALM BEACH COUNTY, FL
(930 NW 38TH TERRACE)
TOWN OF DELRAY, N 100 ETHEL M. PITMAN, ESTATE $ 70.00
FT OF E 130 FT OF S 1/2 c/O LEO DENNIS 70.00 (ADM. FEE)
OF BLK. 12, PB 1, P 3, 6300 SW 59TH PLACE
PUBLIC RECORDS OF PALM SOUTH MIAMI, FL 33143
BEACH COUNTY, FL
(18-24 NW 6TH AVENUE)
PT. OF SUB. OF BLOCK 64, NATHANIEL HICKMON $ 7.25
DELRAY BEACH, LOT 12, 13971 LAWRENCE ROAD 70.00 (ADM. FEE)
PT 20, P 39, PUBLIC DELRAY BEACH, FL 33445-2330
RECORDS OF PALM BEACH
COUNTY, FL
(337 SW 1ST AVENUE)
- 6 - RES. NO. 56-95
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TOWN OF DELRAY, S 1/2 ETHEL MACKEY $ 51.50
OF LOT 5, BLOCK 3, c/O SHIRLEY M. WALLANCE 70.00 (ADM. FEE)
PB 1, P 3, PUBLIC 1120 NW 64TH STREET
RECORDS OF PALM BEACH MIAMI, FL 33150-4231
COUNTY, FL
(129 SW 5TH AVENUE)
TOWN OF DELRAY, N 69.5 DOROTHY MAGER $ 41. 00
OF LOT 9, BLOCK 78, c/o GARTH MAGER 70.00 (ADM. FEE)
PB 1, P 3, PUBLIC 1704 HIGH RIDGE ROAD
RECORDS OF PALM BEACH LAKE WORTH, FL 33461-6154
(102 SE 2ND AVENUE)
SOUTHRIDGE, LOT 14, JEAN M. DUBIQUE $ 66.00
BLOCK 4, PB 13, P 38, 304 SOUTHRIDGE ROAD 70.00 (ADM. FEE)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(304 SOUTHRIDGE ROAD)
DEL RATON PARK, W 57.5 LORRAINE F. WHITE $ 33.75 .
FT OF LOTS 1 TO 5, INC. / 1528 INMAN CIRCLE 70.00 (ADM. FEE)
BLOCK 34, PB 14, P 9, FAYETTEVILLE, NC 28306-9333
PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(LA MAT AVENUE)
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED
A NUISANCE.
- 7 - RES. NO. 56-95
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f11
SUBJECT: AGENDA ITEM # 2.F. - MEETING OF AUGUST 15, 1995
RESOLUTION NO. 57-95
DATE: AUGUST 11, 1995
This is a resolution assessing costs for abatement action
required to remove an unsafe structure on property located at 143
N.W. 5th Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this
property in the event the assessment of $298.26 remains unpaid.
Recommend approval of Resolution No. 57-95 assessing costs for
removing an unsafe structure on property at 143 N.W. 5th Avenue.
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RESOLUTION NO. 57 - 95
A RESOLUTION_OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
I ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
.
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
I THE MAILING OF NOTICE.
ì
,
I
I WHEREAS, the Building Official or his designated representative
I has, pursuant to Article 7.8 of the Land Development Regulations,
I
declared the existence of an unsafe building upon certain lots or
I
I parcels of land, described in the list attached hereto and made a part
I hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
I of Ordinances; and,
I WHEREAS, pursuant to Article 7.8 of the Land Development
I
I Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the
attached list with written notice of unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
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____,~_.__"__.._~^__._,_.'. ...._..._~ __,._.__~~ _,_, __'~_M -,----~---"'...._-_.._--.~..._-_._-_.-_.._-,_..-~..__...-.--.'-.- ~~_._'",~-,._~-, ..- .- ~ .. >"_ ',,~_._.,_..,._ _n_'_
I WHEREAS, neither an appeal to the Board of Construction Appeals
i or corrective action was undertaken in accordance with the order of the
I Chief Building Official; therefore pursuant to Article 7.8 of the Land
I Development RegulatiQns the Building Official caused the abatement
i
I
I action to be done; and,
i
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
I City of Delray Beach, submitted to the City Commission a report of the
I
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
, WHEREAS, the City Commission of the City of Delray Beach,
!
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s) . .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
I foreclosure as City taxes are collectible.
I
Section 2. That such assessments shall be legal, valid and
I
binding obligations upon the property against which said assessments are
I levied.
I Section 3. That the City Clerk of the City of Delray Beach is
¡
I hereby directed to immediately mail by certified mail, postage prepaid,
I return receipt requested, to the owner(s) of the property, as such
I
I ownership appears upon the records of the County Tax Assessor, notice(s)
I that the City Commission of the City of Delray Beach has levied an
I assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
I
I date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6 %)
I per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
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I - 2 - Res. No. 57-95
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Section 4. That this resolution shall become effective thirty
(30 ) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
! date of the notice of said assessment(s), after which a lien shall be
placed on said property(s) , and interest shall accrue at the rate of six
I percent (6% ) per annum plus reasonable attorney's fee and other costs of
collection.
I
I
I Section 5. That in the event that payment has not been re-
I ceived by the City Clerk within thirty (30) days after the mailing date
I of the notice of assessment, the City Clerk is hereby directed to record
¡ a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
I fied copy of this resolution a lien shall become effective on the.
, subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
,
I fee.
i'
I PASSED AND ADOPTED in regular session on this the day
Ii
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I ,
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I MAYOR
,. ATTEST:
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CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT /
-
TO: Progressive Finance Company
ADDRESS: PO Bo~ 817, De1ray Beach, Fl 33447
PROPERTY: 143 NW 5th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION:rep1at of part of Block 27, Delray Beach, Lot 1 and N7'
of Lot 2 according to Plat Book 21, Page 43 of the official records of Palm
Beach County, Florida
You, as the record owner, of, or holder of an interst in, ..
.
the above described property are hereby advised that a cost of
by resolution of the City Commission of the City
of Delray Beach, Florida, dated , 19 -'
has been levied against the above described property.
The costs were incurred as a result of an abatement action
re2arding the above described property. You were given notice on
-28-95 that the Chief Building Official had deter-
mined that a building/structure located on the above describe~
property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and
that the action would be initiated by the City if you failed to
act.
x You failed to appeal the decision of the Chief Building
Official to the Board of Construction Appeals although you
were informed of your right to an appeal and of the pro-
cedures for obtaining an apeal. You have also failed to
take the corrective action required in the Notice of Unsafe
Building/Structure.
You appealed the decision of the Chief Building Official to
the Board of Construction Appeals. You were given written
notification on that you were required to
take the corrective action required by the decision of the
Board of Construction Appeals within a stated period of
time. You failed to take the action as required by the
order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to
the Board of Construction Appeals on .
The Board of Construction upheld the decision of the Chief
Building Official.
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The City of Delray Beach has therefore taken remedial action
to remove the unsafe condition existing on the above de-
scribed property on 3-29-95 at a cost of $298.26
which includes a ten percent (10%) administrative fee: If
you fail to pay this cost within thirty (30) days, that cost
plus additional administrative and recording costs shåll be
reocrded in the official Records of Palm Beach County,
Florida aga~nst the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE
RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTAGES.
.
Copies of all notices referred to in this notice are avail- .
able in the office of the Chief Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~. G· - MEETING OF AUGUST 15, 1995
RESOLUTION NO. 58-95
DATE: AUGUST 11, 1995
This is a resolution assessing costs for emergency abatement
action required to fill an abandoned septic tank located at 40
S.W. 13th Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this
property in the event the assessment of $687.11 remains unpaid.
Recommend approval of Resolution No. 58-95 assessing costs for
filling an abandoned septic tank located at 40 S.W. 13th Avenue.
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RESOLUTION NO. 58-95
A RESOLUTION-OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE .
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
I THE MAILING OF NOTICE.
I
! WHEREAS, the Building Official or his designated representative
I has, pursuant to Article 7.8 of the Land Development Regulations,
I declared the existence of an unsafe building upon certain lots or
I parcels of land, described in the list attached hereto and made a part
I hereof, for violation of the building codes and building requirements
\. adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
:' of Ordinances; and,
Ii
: WHEREAS, pursuant to Article 7.8 of the Land Development
¡ Regulations of the City of Delray Beach, the Building Official or his
i designated representative has inspected said land(s) and has determined
! that an unsafe building existed in accordance with the standards set
I forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and
\ did furnish the respective owner (s) of the land (s) described in the
, attached list with written notice of unsafe building and detailed report
Ii of conditions and notice to vacate as the Building Official determined
¡ that the building was manifestly unsafe and is considered a hazard to
¡ life and public welfare pursuant to Article 7.8 of the Land Development
. Regulations, describing the nature of the violations and sent notices
II that the building was to be vacated and that the building was to be
! repaired or demolished; work must be begun within sixty (60) days and
! all work must be completed within such time as the Building Official
\ determines, said notice also advised that all appeals must be filed
i within thirty (30) days from the date of service of the notice and
I failure to file an appeal or to make the repairs required that the
I'· Building Official would have the authority to have the building demol-
I ished from the date of the said notice; and,
I WHEREAS, all the notice requirements contained within Article
¡ 7 . 8 have been compl ied wi th; and,
I
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.~------ - ~_____,,~...__ .__ k __. --, ...-.. -.-----..-
I WHEREAS, neither an appeal to the Board of Construction Appeals
I
I or corrective action was undertaken in accordance with the order of the
I Chief Building Official; therefore pursuant to Article 7.8 of the Land
I
Development Regulations the Building Official caused the abatement
I action to be done; and,
I'
I WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s) . .
i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
r CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I! Section 1. That assessments in the amount of
I: as shown by
the report of the City Manager of the City of Delray a copy of which is
Ii attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
Ii cated thereon. Said assessments so levied shall, if not paid within
I: thirty (30) days after mailing of the notice described in Section 7.8.11
Ii become a lien upon the respective lots and parcel(s) of land described
Ii in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
II with the same penalties and under the same provisions as to sale and
II foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
I
I binding obligations upon the property against which said assessments are
II levied.
I
,
I Section 3. That the City Clerk of the City of Delray Beach is
I!
I hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
I ownership appears upon the records of the County Tax Assessor, notice(s)
¡ that the City Commission of the City of Delray Beach has levied an
I
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
I said property, and interest will accrue at the rate of six percent ( 6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 58-95
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"._ __. . c··_.___·.·....~·~ __..~___....
Section 4. That this resolution shall become effective thirty
(30 ) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6% ) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
I fied copy of this resolution a lien shall become effective on the
subject property which shall the cost of abatement, interest .
secure at
I the rate of 6%, and collection costs including a reasonable attorney's
I fee.
I
¡ PASSED AND ADOPTED in regular session on this the day
! of , 1995.
i
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I
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,
i
i MAYOR
¡ ATTEST:
!
I
! City Clerk
I
I
,
I
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¡
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- 3 - Res. No. 58-95
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CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
.-
:-
.
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TO: Emanuel and Lucille Harrison-
ADDRESS: 40 SW 13th Avenue, Delray Beach, Fl 33444
PROPERTY: 40 SW 13th Avenue; Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 18, Block 4, Odman's subdivision, Plat Book 4 Page
53 of the official records of Palm Beach County, Fl.
You, as the record owner, of, or holder of an interst in, ..
the above described property are hereby advised that a cost of ..
$687.11 by resolution of the City Commission of the City
of Delray Beach, Florida, dated , 19 -'
has been levied against the above described property.
The costs were incurred as a result of an abatement action
regardin~ the above described property. You were given notice on
5-1- 5 that the Chief Building Official had deter-
mined that a building/structure located on the above described
property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and
that the action would be initiated by the City if you failed to
act.
x You failed to appeal the decision of the Chief Building
Official to the Board of Construction Appeals although you
were informed of your right to an appeal and of the pro-
cedures for obtaining an apea1. You have also failed to
take the corrective action required in the Notice of Unsafe
Building/Structure.
You appealed the decision of the Chief Building Official to
the Board of Construction Appeals. You were given written
notification on that you were required to
take the corrective action required by the decision of the
Board of Construction Appeals within a stated period of
time. You failed to take the action as required by the
order of the Board of Construction Appeals. .
-
You appealed the decision of the Chief Building Official to
the Board of Construction Appeals on .
The Board of Construction upheld the decision of the Chief
Building Official.
, .
The City of Delray Beach has therefore taken remedial action
to remove the unsafe condition existing on the above de-
scribed property on 6-2-95 at a cost of $687,11
which includes a ten percent (10%) administrative fee. If
you fail to pay this cost within thirty (30) days, that cost
plus additional administrative and recording costs shall be
reocrded in the official Records of Palm Beach County,
Florida aga~nst the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE
RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTAGES.
.
Copies of all notices referred to in this notice are avail- .
able in the office of the Chief Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJI<1
SUBJECT: AGENDA ITEM # ¡.I! - MEETING OF AUGUST 15, 1995
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: AUGUST 11, 1994
Attached is the Report of Appealable Land Use Items for the
period July 31 through August 11, 1995. It informs the Commis-
sion of the various land use actions taken by the designated
boards which may be appealed by the City Commission.
Recommend approval of appealable actions for the period stated;
receive and file the report as appropriate.
,
or<
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CITY COMMISSION DOCUMENTATION
TO: yz" H~~I~ MANAGER
THRU: PA~LlNG, .. ~CIPAL PLANNER
DEPARTMENT OF PLANNING AND ZONING
f::~/j ~
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF AUGUST 15, 1995 * CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS
JULY 31.1995 THRU AUGUST 11.1995
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of July 31, 1995,
through August 11, 1995.
BACKGROUND
This is the method of informing the City Commission of land use actions, taken
by designated Boards, which may be appealed by the City Commission. After
this meeting, the appeal period shall expire (unless the 10 day minimum has not
occurred).
Section 2.4.7(E} of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also
provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on the next
meeting of the Commission as an appealed item.
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City Commission Documentation
Appealable Items Meeting of August 15, 1995
Page 2
PLANNING AND ZONING BOARD
The Planning and Zoning Board did not meet during this period.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF AUGUST 9,
~
A Approved (5 to 0), a request for an elevation change involving the
removal of two windows and replacement with stucco dry wall panels at
City Hall.
B. Approved (5 to 0), a request for an elevation change associated with the
addition of mechanical equipment along the exterior facade for Powers
Lounge, located on the north side of East Atlantic Avenue, between N.E.
2nd Avenue and N.E 3rd Avenue.
C. Approved (5 to 0), a request for an elevation change (awning addition)
at Grangers Grill, located at the northeast corner of N.E. 6th Avenue and
N.E. 2nd Street.
D. Approved (5 to 0), a request to reduce the required parking from ten
spaces to seven spaces for Giancarlo's Pizza Buffet, located at the
northwest corner of N.E. 1st Street and N.E. 6th Avenue.
E. Approved (5 to 0), a request for an elevation change (awning addition)
for Cafe Luna Rosa, located on the west side of A-1-A, south of Atlantic
Avenue.
F. Approved (5 to 0) with conditions, the site plan, landscape plan and
architectural elevations associated with the conversion of an existing
church to an elementary school and pre-school, The Oaks School of
Delray, located on the east side of Swinton Avenue, north of Pine Ridge
Road (N.E. 22nd Street). Concurrently, the Board approved a request
to defer the installation of a sidewalk along Swinton Avenue for one year.
HISTORIC PRESERV A TION BOARD MEETING
The Historic Preservation Board did not meet during this period.
.
City Commission Documentation
Appealable Items Meeting of August 15, 1995
Page 3
RECOMMENDED ACTION.
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP FOR
CITY COMMISSION MEETING
OF AUGUST 15. 1995
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L-38 CANAL C-15 CANAL
S.P.R.A.B.
CITY LIMITS -------.--.
A. - DELRAY BEACH C/lY HALL
B. - POWERS LOUNGE
I MILE I C_ - GRANGERS GRILL
I D. - GIANCARLO'S PIZZA BUFFET
SCALE E. - CAFE LUNA ROSA
F. - THE OAKS SCHOOL OF DELRAY
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CITY Of DELRAY BfACH. f"L
Pl..AHNlNC DEPARTMENT
-- DIGITAL 8AS£ ItIAP SYST£I.I --
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[IT' OF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
f lOR I I) A
......
All-America City MEMORANDUM
" III!
DATE: August 11, 1995
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Amendment to Contract to Purchase with the CRA - Monteray House
I have been informed that the CRA at its meeting of August 10, 1995 approved an
extension of time to close on the Monteray House from August 15, 1995 until on or
before September 29, 1995, assuming a Certificate of Occupancy has been issued and the
required improvements are completed and grant moneys have been issued.
It is further my understanding that the CRA approved the extension permitting
occupancy during the interim period prior to closing subject to an appropriate occupancy
agreement to be formulated by CRA attorney Bob Federspiel.
By copy of this memorandum to City Manager, David Harden, our office requests that
this amendment to the contract for purchase, extending the closing date and permitting
interim occupancy pursuant to an occupancy agreement be placed on the City
Fench! for August 15,1995 for approval.
Attachment
cc: David Harden, City Manager
Alison MacGregor-Harty, City Clerk
monteray. sar
® Printed on Recycled Paper ?;J.T- .
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- .
,..."DKIUI'J! !fO COJl!l!RAC:!'J! POR SALB AIID PURCBAB. I
I
TlIIG AMeNDMeNT TO CONTRACT FOR SALE AND PURCHASE _nding that
cexta1.n Contract for Sale and Puroha.e dated April 28, 1895,
between DBLnAY DBACJi COMMUNITY nBDBVSLOPHENT AGENCY, hereinAfter
referred to a.. ".._ller," and CITY OF DRLRAY BEACH, he%e1.nafte%
referred to as "Buyer," is made and entered into this day
of , 1995.
WIT N B S S B T H :
WHER.RAB. Sellex and Buyer have hexetofore entered Lnto that
øexta1.n Contract for Sale and puroha.e %egardi.ng property looated
at 20 North S....inton Avenue, Delray Boach, Florida 33444, under do.te
. of April 28, 1995, hereinafter referred to as "the Contract": and
WH2JU!:AS. the parties hereto arc dcøirous of Amending certain
portion.. of the Contract in the manner hereinafter set forth.
NOW, TIIeRJUrORE , in consideration of the mutual cov.nan~s and
prom~se. herein contained from one party to the other, l.he receJ.pt
and adequacy of which ies hereby acknowledged, t.he part.iecs hereby
agree as follows,
1. Sect-Lon V ("Cloøing Date.,") under Addendwn Paragraph H.
of the Contract is hereby amended in it.s Eotltir.ty to read as
follow. 1
H. Thiø tranøaction for the øale or th...
"Monterey House" shall be cloesed and the deed
and other c10Bing pt1pers delivered on or
before September 29, 1995, Gcstluming a Certifi-
cate of Occupancy ha. been issued, the J.m-
provornent:s required to be:! completed on the
Monterey Hou.. are c:omplø~e ,.,u1 tit", Gront of
funds under Addendum K shall have been ~Bsued.
2. ~l other provLsionø uf the above-referenced contract not
~nded hereby shall røma~n ~n full force and effect, unaltered by
thiø AmenCÙ1l.ent.
ZN WITNEGS WJIBRBOF , the paz.-t,les h"'r...tu have executed thi.s
Amendment to Contract for Sale and Purchaø8 the day and year first
above wr.itten.
Witnooses: DE~RAY BEACH COMMUNITY
RBDEVELOPMENT AGENCY
By. _..
. ,
- <
.
CITY or DBLRAY BEACH
, By.
.
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~.DNB.~ ~a caR~RAe~ POR SALE AHD PURCBAS.
TUIG AMENDMENT TO CONTRACT FOR SALE .AND PURCHASE amending that
I
certa.in Contract for Sale and. purchase dated April 29, 1995,
between DBLnAY PEACH COMMUNITY nSDEYnLOPMENT AGENCY, here1nafter
referred to as "Sel.l.er." and CITY OF DBLRAY BEACH, here.inafter
referred to as "Buyer," .is made and entered .into th.is day
of , 1995.
WIT N E S S B T H :
WHEREAS. Seller and Bqyer have heretofore entered .into that
eer~a.in Con~ràe~ for Sale and Purohase regard.ing property looated
at 20 North Swinton Avenue, Delray Doaeh, Florida 33444, under dote
'of Apr.il 28. 1995. hereinafter referred to as "tho Contractu: and
WHEREAS, the part.ies hereto arc dc~irouÐ of ~end.ing certa.in
portions of the ContrAet .in the manner here.inafter Bet forth.
NOW, TIIßRßFORE, .in cons.iderat.ion of the mutual covenants and
pro.m~Be8 here.in conta~ned from one party to the other, the rece.ipt
and adequacy of whi.ch i.$ hereby acknowledged, 'Lhe partieß hereby
agree as follows,
1. Sect.ion V ("C1osi.ng Date,") under Addenàwn Paragraph M.
of the Contract .is hereby amended .in .i. ts entirety to read 8S
follow.s
H. This transaction for the sale of the
"Monterey House" shall be closed and the deed
and other closing pöpers del~vered on or
before September 29, 1995, Clttßuming a Certif.i-
cate of OccQ.pancy has been !ssuad, the 1.m-
provoments required to 1,6 completed on the
Mont:er8Y House are compleLe tand the Grant of
funds under Addendum K 8h~11 have been ~66ued.
2. All other provLølonø of the above-referenced contrac~ not
nmended hereby shall remain in full force and effect, unaltered by
th.io Amendment..
'IN WITNEGS W1JDRBOF, the part.ies harc::to have execu't.ed this
Amendment to Contract for Sale and Purchaøe the day and ye~r firs't.
Above wr.itten.
WitnoÐses: ÐELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
By.
.
. .
CITY OF DBLRAY BEACH
. By.
,
. .
- of<
tM
RECEIVED
[IT' OF DELRA' BEA[H AUG 1 0 1995
cnvMt:'· --,.." MlICr.
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DElRA Y BEACH
F LOR I D A
......
AII·America City MEMORANDUM
" III!
DATE: August 8, 1995
1993 TO: City Commission .~
FROM:
David N. To1ces, Assistant City Attorney
SUBJECT: Agreement with Liddun International - Legends Tournament and Concert
November 29 - December 1. 1995
The proposed agreement between the City and Liddun International grants Liddun a
license to hold a tennis tournament and associated concert from November 30 to
I>ecernber 3, 1995. The City will receive payment of $12,500.00 for the use of the
municipal tennis center for that time period.
Liddun will set up concessions during the tournament, and pay for required off-duty
police and Emergency Medical Technicians (EMT). In the event Liddun decides to
present musical entertainment, Liddun will have to provide the staging, security, and
EMT's. It is anticipated that two concerts will be held. One concert will be held on
November 30, 1995 and a second concert will be held on December 1, 1995.
The majority of the provisions within the agreement are taken from Liddun's current
agreement, as well as the City's agreement with Palm Acts. The City Attorney's Office
recommends approval of the agreement with Liddun International.
Please contact my office if you have any questions.
I>NT:smk
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Joseph Weldon, Director of Parks and Recreation
legends2.dnt q.A·
® Printed on Recycled Paper
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[I" OF DELRA' IEA[H
DElRA Y BEACH
f LOR I f) A
tw.e.d 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AII.Americac,
'11It
1993
MEMORANDUM
TO: David Tolces
Assistant City Attorney
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Legends Agreement
DATE: August 8, 1995
Per our meeting on August 2, 1995 with Sharon O'Connor, the following
concerns the agreement for the Legends Tournament from November 30 to
December 3, 1995.
1.) Sharon O'Connor indicated she would like to split the concert date
and have the concerts on Thursday, November 30th and Friday, December 1st
with the Legends Tournament scheduled for Saturday, December 2nd and
Sunday, December 3rd.
2 . ) Instead of the standard payment schedule for stadium rental of $1,500
plus $500 clean-up fee, or 10% of the gross revenues and 10% of the gross
of all concessions, Liddun International has offered a straight payment
of $12,500 for the four day event. Based on the single concert we have
had thus far, we had received only the minimum payment of $2,000 plus
$294.90 for our percentage of the concessions. Over a four day period,
the guarantee of $12,500 exceeds what we may receive at the minimum
payment plus percentages of the gate and concessions.
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
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2
3. ) Liddun International shall be responsible to provide and pay for City
police personnel which the City determines is necessary for the concert
and the tournament. Additionally, Liddun International shall contact the
City Fire Department to make arrangements for emergency medical
technician (EMT) personnel to be present at the event at Liddun
International's expense.
As you know, the rest of the agreement is comparable to the agreement
your office drafted for the Delray Beach Winter Championships.
Parks and Recreation
cc: David Harden
City Manager
JW: cp
Ref:dtlegend
AUG 9 /995
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AGREEMENT
THIS AGREEMENT, , made
and entered into this day of
- , 1995 by and between the CITY OF DELRAY BEACH, FLORIDA, a
municipal corporation (hereinafter referred to as City), and LIDDUN INTERNATIONAL,
INe., a Delaware corporation, (hereinafter referred to as Liddun).
WIT N E SSE T H:
WHEREAS, Liddun has the right to promote, manage and hórd a women's
professional tennis association tournament in February/March of each year in Delray Beach; and,
WHEREAS, that tournament is currently known as the Delray Beach Winter
Championships; and,
WHEREAS, Liddun desires to hold a Legends Tennis Tournament on November
30 to December 3, 1995 at the Delray Beach Municipal Tennis Center; and,
WHEREAS, the City is desirous of having the tournament at the Municipal
Tennis Center November 30 to December 3, 1995; and,
WHEREAS, the City believes that the presence of the tournament within Delray
Beach will grant the citizenry of Del ray Beach many tangible and intangible benefits; and,
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
ARTICLE 1
Grant of License
1.01. TERM.
The City hereby grants to Liddun for the period of November 29 to December 3,
1995, the exclusive rights and privilege to use, manage and operate the municipal tennis stadium
,
and necessary surrounding property for the four day tournament, commencing on Thursday,
November 30, 1995, and ending on Sun,day, December 3, 1995. Liddun's rights shall cover an
additional one (1) day period before the commencement of the tournament to set up necessary
facilities and an additional day after the tournament to remove necessary facilities.
1.02. LICENSE AGREEMENT ONLY.
This agreement between the City and Liddun is a license agreement, not a lease or
purchase agreement, and should be construed by a court of competent jurisdiction-ro be a license
agreement only. Furthermore, this License Agreement does not grant nor is Liddun receiving
hereunder any rights to any real property of the City nor any property interests except as set forth
in this agreement.
1.03. FACILITIES PROVIDED BY CITY.
The facilities (hereinafter referred to as Tournament Site) to be provided by the
City and subject to this license include the following:
A. The stadium court at the City's municipal tennis center.
B. Use of the hard surface or clay courts as required.
C. A sound system for use during the event.
D. Adequate electrical power for event needs, including hook up for
television cameras.
E. Rest room facilities for the general public.
F. Fencing of the site to ensure proper security.
G. Necessary signage to direct the general public to the facility.
H. A ticket sales office at the main entrance to the facility, equipped with a
phone, electricity and air conditioning, which can be a temporary structure
or a trailer.
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I. Adequate parking for spectators on City-owned or controlled property
based on Liddun'~ estimated requirements.
1. Locker rooms and players lounge providing adequate shower and
relaxation areas for the players before and after matches, which locker
room and lounge will include sufficient lighting and air conditioning.
K. Office space for tournament personnel. The office space may be a
permanent structure, a temporary structure or an appropriate trailer, which
- -
space will include sufficient lighting and air-conditioning.
L. A media center for the use of the press, radio and television
representatives. This facility can be a permanent structure, temporary
structure, or an appropriate trailer, which center will include sufficient
lighting and air-conditioning.
M. One City Electrician on site at Liddun's request for November 30 and
December 1, 1995.
1.04. FEES AND CHARGES.
A. Liddun shall have the exclusive right to the fees and income derived from
the sale of tickets to the tournament, merchandising rights to the tournament, commission sales
during the tournament, sale of television rights, parking fees, concessions and all other fees and
income relating to the tournament.
B. Liddun shall have the right to set the fees· and charges for the services it
provides to the public relative to the tournament.
1.05. LIMITATIONS ON USE OF THE STADIUM COURT.
In addition to limitations contained in the License Agreement dated June 5, 1992,
between the City, Liddun, and Kingdom, Inc., the City agrees to not make the facilities available
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for any other professional tennis tournament between October 1st and December 1st, 1995
without the prior written consent of Lidqun.
ARTICLE 2
Liddun's Obli2ations
2.0t. LICENSE FEES.
Liddun shall pay the City a license fee of Twelve Thousand Five Hundred Dollars
($1,500.00) for the use of the facilities described in Section 1.03 from NovemDer 29 through
December 3, 1995. Such payment shall be made no later than thirty (30) days after the
tournament to the City Manager at 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
2.03. T AXES.
Liddun shall be liable for any and all taxes which are or may be imposed as a
result of this agreement. Taxes shall be paid to the appropriate authority and including, but not
limited to, sales and use tax.
2.04. PROOF OF INSURANCE.
Liddun shall provide the City with proof of insurance being in force. The type
and quantity of insurance is more particularly set forth in Exhibit A to this agreement. Proof of
such insurance shall be due by November 1, 1995. The insurance shall name the City as
additional insured.
2.05. FINANCIAL RESPONSIBILITY.
Liddun agrees, subject to the provisions of this Agreement, to accept all financial
responsibilities for Tournament including, but not limited to, all accounting and reporting as may
be required by laws. Liddun further agrees to accept sole responsibility for any financial
4
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commitments or obligations it incurs as a result of Tournament, and which are not provided for
in this Agreement. .
2.06. OTHER SERVICES AND SUPPLIES.
Liddun further agrees that all services and supplies not specifically identified
herein shall be provided by or through Liddun.
2.07. CONCESSION RIGHTS OF LIDDUN. - -
Liddun may sell food, beverages, confections, refreshments and novelties or may,
subject to approval by City, contract with another to provide such service. With prior approval
from the City, Liddun may provide temporary structures at its own expense, for the sale of
concession items.
In providing the concession service, Liddun or any person, firm, or corporation
with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall
comply with the following provisions provided, however, that Liddun shall remain ultimately
responsible to City for all obligations required of the concessionaire:
a. Concessionaire shall, prior to commencing any activities, obtain any and
all permits and licenses that may be required in connection with the operation of this
conceSSIOn.
b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for
sale shall be first class and quality, in accordance with the Department of Health
requirements, shall conform to all federal, state, county, and municipal laws, ordinances
and regulations in all respects.
c. Concessionaire shall not sell or give away or otherwise dispose of any
commodity which in the opinion of the City shall cause undue litter.
5
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d. Concessionaire shall have the option to sell beer and wine at the Tennis
Center. The sale of other alcoholic beverages is prohibited. Sale of beer and wine must
comply with all federal, state, COÚllty, and municipal laws, ordinances and regulations and
must be properly licensed by the State of Florida.
e. Concessionaire may, at its expense, furnish additional equipment and
fixtures to be utilized in the concession. Concessionaire shall submit plans and speci-
fications concerning fixtures and equipment to City for approval prior to installation of
any items. For the purpose of this Agreement, "fixture" shall be defined as anything
annexed or affixed to a building or structure or which appears to be so affixed or annexed,
regardless of whether it is capable of being removed.
f. The Concessionaire shall provide all maintenance, repair and service
required on all equipment used on the concession.
g. Concessionaire shall keep all fixtures, equipment and personal property,
whether owned by Concessionaire or City, in a clean and sanitary condition and shall
cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by
City. All state health laws and state health department regulations must be strictly
complied with. All janitorial services necessary in concession area shall be provided by
Concessionaire at Concessionaire's expense.
h. Concessionaire agrees to dispose of all refuse and garbage, in compliance
with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to
keep outside container areas cleaned at all times.
1. If the concession is operated by a person, firm or corporation other than
Liddun, such person, firm, or corporation shall at all times maintain workers' compensa-
tion insurance coverage for all employees which it employees within the areas and
facilities covered by this Agreement, together with the policy or policies of public
liability and products liability insurance and provides limits of at least One Million
($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability
insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire
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legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such
policies shall provide that they will not be cancelled or amended without at least ten (10)
days written notice to the Risk Manager of City and shall name City, its officers, agents
and employees as additional insured.
2.08. ACCEPTANCE OF TOURNAMENT SITE.
Prior to the Tournament, Liddun may inspect and examine the Tournament Site to
determine that said site is an adequate and satisfactory condition for the uses contemplated.
- -
Liddun assumes full responsibility and liability for all damages, losses and liabilities caused by
defects or conditions on the Tournament Site, which arise once it commences use and occupancy
of the Tournament Site. Liddun indemnifies and holds City harmless for any such claims unless
such damage, loss or liability was caused by City's (including its employees and agents) gross
negligence or willful misconduct.
City shall not be responsible for any damage or injury to, or the personal conduct,
safety and welfare of any representatives, employees, exhibitors, independent contractors,
workers and invitees while on the premises. Liddun expressly indemnifies, holds harmless and
releases City from any and all claims, damage, losses or liability associated therewith, unless
such claim, damage, loss or liability is caused by City's (including employees and agents) gross
negligence or willful misconduct.
2.09. REPAIR. REPLACEMENT AND MAINTENANCE.
Liddun shall pay all costs for cleanup, repair and replacement and all damages of
whatever origin or nature, for which it is responsible, ordinary wear and use thereof only
excepted, which may occur during the term of this Agreement in order to restore the Tournament
Site to a condition equal to the condition at the time Liddun occupies the Tournament Site.
Liddun shall be responsible for clean-up of the Tournament Site during and after
the Tournament. If at any time City determines that the dean-up services provided by Liddun
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·
are not adequate or that said services endanger public health and safety, City shall provide these
services. Liddun shall reimburse City fo.r the costs of providing these services and for the actual
costs of any supplies.
2.10. EVENT PERSONNEL AND EQUIPMENT.
Liddun shall provide all personnel needed for the tournament, including, but not
limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. In the event
Liddun chooses to provide entertainment during November 30 to December 3,-1995, Liddun
shall be responsible for the installation or removal of any staging. All sound or lighting which is
to be utilized for the tournament or any other equipment of any type or nature which is needed
for the tournament is Liddun's sole responsibility.
2.11. POLICE AND EMERGENCY PERSONNEL.
Liddun agrees to make arrangements with the City Police Department to provide
for City police personnel which the City determines, in its sole discretion, is necessary for the
tournament. The officers shall be paid at the prevailing off-duty detail hourly rate in effect at the
time of the event. Liddun shall, at least thirty (30) days prior to the tournament, consult with the
Chief of Police or his designee to determine the proper scheduling of security for the tournament.
Also, Liddun shall contact the City Fire Department to make arrangements for Emergency
Medical Technician personnel to be present at the tournament at Liddun's expense.
If Liddun enters into any agreement with any promoter, the promoter agreement
shall contain this provision, and the promoter shall be under the same obligation as Liddun to
hire police personnel and emergency medical technicians.
2.12. CITY'S RIGHT TO CONTROL PREMISES.
City at all times reserves the right to eject or caused to be ejected from the
premises any person or persons violating or to keep persons from violating any of the rules or
regulations of the Tennis Center or any city, county, state or federal laws, and neither City nor of
8
any its officers, agents or employees shall be liable in any manner to Liddun or its officers,
agents or employees for any damages which may be sustained by Liddun through the exercise of
this right by City.
2.13. TICKET SALES.
All tickets for admission shall contain language approved by City establishing
that the tickets create a revocable license. Prior to the sale of any admission ticket, Liddun shall
provide City Manager or his designee with the established selling price of each tÿpe and kind of
ticket for his review and approval.
2.14. ADVERTISING MATTER.
Liddun agrees, subject to its rights, if any, under any applicable License
Agreements, to identify the City of Delray Beach as the site of the Tournament in all
publications, advertising and any electronic broadcast, and to permit City to use Liddun's
trademark or any trademark authorized to be used by Liddun, during the term of this Agreement
solely in the connection with the advertisement and promotion of City subject to the approval of
Liddun, which approval will not be unreasonably withheld.
All printed material, advertising matter, posters and pictures to be used prior to or
at Tournament which include the name City of Delray Beach or its official seal shall be sub-
mitted to the City Manager or his designee for his approval at least two (2) weeks prior to the
proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or
his designee.
Liddun shall provide to the City two (2) full-page, four (4) color or black and
white advertisements in the Tournament program, plus two (2) pages of editorial content.
9
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Liddun shall include the name "CITY OF DELRA Y BEACH" as the "Host Site"
in all Tournament Event brochures, po~ters, draw sheets, counter cards and other publications
relating to Tournament.
If Liddun is able to secure television coverage for the tournament, Liddun shall
ensure that any such television coverage of the tournament shall specifically mention the City as
the host in the opening of each and every broadcast. In addition, Liddun shall use its best efforts
to ensure that a minimum of 60 seconds of each and every broadcast is devoted to a promotional
- -
presentation on the City of Delray Beach. It shall be the City's obligation to provide the
promotional video.
2.15. ALCOHOLIC BEVERAGE LICENSE.
In the event an alcoholic beverage license is required, Liddun or its agents shall
apply for and obtain a temporary alcoholic beverage license from the State of Florida Department
of Business Regulations, Division of Alcoholic Beverages and Tobacco (F.S. 561.422 [1991])
for the sale of alcoholic beverages at the Tournament Site for the Tournament. Liddun shall
display said license in a conspicuous place at the Tournament Site of the sale and/or distribution
of the alcoholic beverages (F.S. 561.23 [1991]). Liddun shall be solely responsible for timely
reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for
consumption to the Division of Alcoholic Beverages and Tobacco (F.S. 561.501 [1991]). Liddun
shall strictly comply with all rules and regulations established by the Division of Alcoholic
Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory
regulations.
2.16. V ACATION OF TOURNAMENT SITE.
Liddun agrees to vacate the licensed Tournament Site no later than one (1) day
after the completion of the Tournament; to leave said Tournament Site in a condition equal to
10
that at the commencement date Liddun occupies the Tournament Site each year, ordinary wear
and use thereof only excepted, and that.Liddun shall remove from the Tournament Site within
five (5) days following the closing of the Tournament, all material and equipment owned by
Liddun.
2.17. NON-DISCRIMINA TION.
A. That Liddun for itself, its personal representatives, successors in interest,
assigns subcontractors, and sublessees, as a part of the consideration hereof, does hereby
covenant and agree that:
1. No person on the ground of race, color, national origin, age, or sex shall be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
2. That in the construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the ground of race,
color, national origin, age, or sex shall be excluded from participation in,
be denied the benefits of, or otherwise be subject to discrimination.
3. That the Liddun shall use the premises in compliance with all other
requirements imposed or pursuant to Title 45, Code of Federal
Regulations, Article 80, Non-discrimination under programs receiving
Federal Assistance through the Department of Health, Education and
Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
B. That in the event of a proven breach of any of the above non-
discrimination covenants, the City shall have the right to terminate the license and to take
possession of said facilities and hold the same as if said license had never been made or issued.
This provision shall not be effective until the procedures of Title 45, Code of Federal
11
,
Regulations, Part 80, are followed and completed including exercise or expiration of appeal
rights. þ
C. Liddun shall not discriminate against any employee or applicant for
employment to be employed in the performance of the contract with respect to hiring, tenure,
terms, conditions or privileges of employment, or any matter directly or indirectly related to
employment because of age, sex, physical handicap (except where based on a bona fide
occupational qualification); or because of marital status, race, color, religion, national origin or
ancestry .
2.18. CHANGE IN LAW.
During the term, the City reserves the right to restate and/or renegotiate with
Liddun such additions, deletions or changes to the license as may be necessitated by changes in
county, state or federal laws relating to the operation of the downtown site. In the event that the
City and Liddun are unable to reach a mutual agreement on any such addition, deletion or
change, that portion of the contract concerning the services involved in the addition, deletion or
change shall be terminated or eliminated.
ARTICLE 3
General Provisions
3.0l. CANCELLATION BY CITY.
The occurrence of any of the following cause this Agreement to be automatically
terminated:
A. Institution of proceedings in voluntary bankruptcy by Liddun.
B. Institution of proceedings in involuntary bankruptcy against Liddun if
such proceedings lead to adjudication of bankruptcy and the Liddun fails within ninety (90) days
to have such adjudication reversed.
12
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The City shall have the right, after fourteen (14) calendar days written notice sent
by registered or certified mail to Liddun specifying the amount of payment(s) in default, to
terminate this Agreement whenever the non-payment of any sum or sums due hereunder
continues for a period of ten (10) calendar days after the due date for such payments; provided,
however, that such termination shall not be effective if Liddun makes the required payment(s)
during the fourteen (14) calendar day period following receipt of the written notice.
C. City reserves the right to terminate this Agreement for good cause upon
thirty (30) calendar days written notice by registered certified mail to Liddun. In the event City
exercises that right, it shall refund any advance monies paid to City on the condition that Liddun
shall agree to forego any and all claims of any kind against City.
3.02. DEF AUL T BY LIDDUN.
The City may terminate this Agreement for cause upon Liddun's failure to
perform any of the terms and conditions of this Agreement and such failure in performance not
remedied by Liddun within thirty (30) days after receiving notice in writing of such default or in
cases where remedial measures may take longer than thirty (30) days, satisfactory remedial
action must begin and be consistently undertaken within thirty (30) days after receiving notice in
writing stàting the nature of the failure of performance and the City's intention to terminate if not
corrected and which remedial measures must be completed within a reasonable time set forth in
the notice from the City.
Notwithstanding anything to the contrary contained herein, this Section 3.02 shall
not apply where Liddun's failure to perform in a timely manner was caused by casualties, acts of
God, material shortages, war, water shortages, governmental regulation, strikes or labor disputes,
Liddun's inability to secure necessary governmental permits after a reasonable effort by Liddun
to so obtain said permits, or other causes beyond the reasonable control of Liddun.
3.03. DEFAULT BY CITY.
Liddun may terminate this Agreement for cause upon City's failure to perform any
of the terms and conditions of this Agreement and such failure in performance was not remedied
13
by City within thirty (30) days after receiving notice in writing of such default, or in cases where
remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin
and be consistently undertaken within thirty (30) days after receiving notice in writing stating the
nature of the failure of performance and Liddun's intention to terminate if not corrected and
which remedial measures must be completed within a reasonable time set forth in the notice from
Liddun.
Notwithstanding anything to the contrary contained herein, this Section 3.03 shall
not apply where City's failure to perform in a timely manner was caused by casualties, acts of
- -
God, material shortages, war, water shortages, governmental regulation, strikes or labor disputes,
City's inability to secure necessary governmental permits after a reasonable effort by City to so
obtain said permits, or other causes beyond the reasonable control of City.
Termination pursuant to this paragraph shall not effect any other rights which
Liddun may have, either at law or in equity, for damages or otherwise, resulting from such
default and subsequent termination.
3.04. REMEDIES. ATTORNEYS' FEES AND COSTS.
All remedies provided in this Agreement shall be deemed cumulative and
additional, or not in lieu of or exclusive of each other or of any other remedy available at law or
in equity. In the event of any arbitration or action at law or in equity arising hereunder, the
prevailing party shall be awarded all costs and expenses (including reasonable attorneys' fees)
incurred in connection herewith.
3.05. NOTICES.
Any notices submitted or required by this Agreement shall be sent by registered or
certified mail and addressed to the parties as follows:
To the City: David Harden, Cio/ Manager
City of Delray Beach
100 N.W. 1st Avenue
De1ray Beach, Florida 33444
14
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.
To Liddun: George Liddy, President
Liddun International, Inc.
2929 East Commercial Boulevard
Fort Lauderdale, Florida 33308
or to such other addresses as either party may designate in writing.
3.06. INTERPRET A TION.
This Agreement constitutes the entire Agree~ent between the parties with respect
to subject matter hereof and supersedes all prior verbal or written agreements between the parties
with respect thereto. This Agreement may be amended only by written document, properly
authorized, executed an delivered by both parties hereto. This Agreement shall be interpreted as
a whole unit and sections headings are for convenience only. All interpretations shall be
governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any
other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the
entire Agreement.
3.07. INDEMNIFICATION.
To the fullest extent permitted by laws and regulations, Liddun agrees to
indemnify, save and hold City, its officers, agents and employees, harmless from any and all
claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature
whatsoever which may arise out of, in connection with, o~ because of the use, maintenance, or
operation of the licensed facilities, including but not limited, to the exterior facilities and
grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by Liddun or its
officers, agents, employees, or independent contractors, and invitees including but not limited to
those resulting from or arising out of (a) by any act done or words spoken by Liddun, its players,
agents or employees; (b) any damage done to the premises or any part thereof caused by the act
or omission of either Liddun or any player, agent or employee of Liddun: (c) the breach by
Liddun of any term of this Agreement; or (d) any breach or alleged breach of any warranty or
obligation undertaken by Liddun in this Agreement. Liddun shall pay all claims, losses, liens,
settlements or judgments of any nature whatsoever in connection therewith, including but not
15
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,
limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of City
when applicable.
Liddun agrees to defend åll actions to which this Section 3.07 applies, in the name
of City provided, however, that City reserves the right to select its own legal counsel to conduct
any defense in any such proceeding which selection shall be reasonable under the circumstances.
All costs and fees associated therewith shall be the responsibility of Liddun under this
indemnification agreement.
Such indemnification shall not be limited to the amount of commercial general
liability insurance which Liddun is required to obtain under this License Agreement.
Nothing contained herein is intended nor shall be construed to waive City's rights
and immunities under the common law or Section 768.28, Florida Statutes, as amended from
time to time. The provisions of this Section shall survive the execution, delivery and
performance of this Agreement.
3.08. DESTRUCTION OF TOURNAMENT SITE.
In the event said Tournament Site, or major part thereof, shall be destroyed or
damaged by fire or any other cause, or if any other casualty or any unforeseen occurrence shall
render the fulfillment of this Agreement by City impossible, then and thereupon, this Agreement
shall terminate, unless Liddun shall, at its option, agree to pay to repair such damage.
3.09. PERSONAL PROPERTY.
City assumes no responsibility whatsoever for any property placed on the
Tournament Site by Liddun, its agents, employees, representatives, independent contractors or
invitees. City is hereby expressly released and discharged from any and all liabilities for any
loss, injury or damage to such property that may be sustained by reason of the use and occupancy
of the Tournament Site under this Agreement, unless such damage, loss or liability is caused by
City's (including employees and agents) gross negligence or. willful misconduct.
3.10. INDEPENDENT CONTRACTOR STATUS.
16
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Liddun and its employees, volunteers and agents shall be and remain an
independent contractors and not agents or employees of City with respect to all of the acts and
services performed by and under the terms of this Agreement. This Agreement shall not in any
way be construed to create a partnership, association or any other kind of joint undertaking or
venture between the parties hereto.
3.11. COMPLIANCE WITH LAWS.
Liddun shall comply with all statutes, laws, ordinances, rules, regulations and
lawful orders of the United States of America, State of Flonda, City of Delray Beæ:;h and of any
other public authority which may be applicable to the use of the Tournament Site by Liddun.
Liddun shall obtain at its expense any and all required permits and licenses including an
occupational license if required.
3.12. GOVERNING LAW AND VENUE.
The validity, construction and effect of this Agreement shall be governed by the
laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this
Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County,
Florida.
3.13. ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties relating to the
subject matter hereof superseding all prior communications between the parties whether oral or
written, and this Agreement may not be altered, amended, modified or otherwise changed nor
may any of the terms hereof be waived, except by a written instrument executed by both parties.
The failure of a party to seek redress for violation of or to insist on strict performance of any of
the covenants of this Agreement shall not be construed as a waiver or relinquishment for the
future of any covenant, term, condition or election by the same shall continue and remain in full
force and effect.
3.14. SEVERABILITY.
17
.
Should any part, term or provision of this Agreement be by the courts decided to
be illegal or in conflict with any law of the State, the validity of the remaining portions or
provisions shall not be affected thereby. þ
3.15. NO REPRESENTATIONS BY CITY.
Neither the City nor the City's officers, agents and/or employees have made any
representations or promises except as expressly set forth in this Agreement.
3.16. BOND LIMITATIONS.
--
It is recognized by Liddun that the Tennis Stadium has been financed with
proceeds of tax exempt debt and may be refinanced from time to time in the future and that the
Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned
facilities, such as the Tennis Stadium, in order to maintain the tax exempt status of debt issued to
finance the same. Notwithstanding any other provision of this Agreement to the contrary, this
Agreement shall automatically terminate, without any required notice by the City, if any payment
required to be made under this Agreement to the City would, together with any other payments
made or required to be made by any entity or person for the use of the Tennis Center or related
facilities, adversely affect the exclusion from gross income for federal income tax purposes of
interest on any obligation (herein "Negative Tax Consequences") of the City issued to finance or
refinance the Tennis Center or any part thereof. Such a termination shall not constitute a default
on the part of either party to this Agreement. Upon such termination, it is the intention of the
parties hereto to enter into a new agreement which would contain different or modified payment
terms acceptable to both of the parties hereto and which in the opinion of the City's Bond
Counsel would not have Negative Tax Consequences.
3.17. ASSIGNMENT OF AGREEMENT.
A. Liddun shall not assign or transfer this Agreement nor otherwise convey
any privilege granted hereunder or sublease/license any part of the stadium unless the written
consent of the City be first obtained. Such consent shall not be unreasonably withheld. Neither
18
.
this Agreement nor any right, privilege or interest therein or thereunder shall be transferable by
operation of the law or by any process or proceeding of any court.
B. Assignment as referred to above shall include, but not be limited to, any
and all sales, assignment transfer, collateralization, or other disposition of a majority of stock
certificates, right, title and/or interest in and to Liddun International, Inc. to any person or entity
other than George Liddy, Robert Dunn, Larry King, and Carrie Cromartie.
C. Paragraph 3.17(A) shall not be applicable to any transaction wherein
Liddun International, Inc. remains the managing entity of the tournament, and the majority
--
interest in Liddun International, Inc. remains in the party(ie~) referred to in paragraph 3.17(B).
D. In the event Liddun contracts with a promoter for any activity associated
with the tournament, this agreement shall be incorporated into the promoter agreement and
attached as an exhibit.
IN WITNESS WHEREOF, the parties have caused this agreement and one
counterpart, both of which shall constitute originals, to be executed by its proper officers hereto
duly authorized on the year and date first above written.
WITNESS: LID DUN INTERNATIONAL, INC:
By:
George Liddy, President
(print or type name)
SEAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 1995 by George Liddy, President of Liddun International, Inc., a Delaware
corporation, on behalf of the corporation. He is personally known to me/or has produced
19
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·.- .
(type of identification) as identification and did (did not) take
an oath.
#
Signature of Notary Public
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By: --
City Clerk Thomas Lynch, Mayor
Approved as to Form:
City Attorney
legends.agt
20
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I
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[IT' OF DELRA' IEA[H
DElRAY BEACH
F tOR lOA,
tw.e.d 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AII·America City
, III I!
1993
MEMORANDUM
DATE: August 11, 1995
TO: City Commission
FROM: David T. Harden, City Manager
SUBJECT: Contract Guarantee for Florida A & M Marchin~ Band
A copy of the subject contract is attached. At the last City Commission meeting,
sponsors of the Perfect Harmony Festival asked that the City agree to guarantee payment
on the contract.
At this point, staff has several concerns. The contract does not contain a rain date. The
cost of item BA. is unspecified and could easily exceed $10,000. The total cost of
bringing the band to Delray Beach would then be something in excess of $35,000.
Organizers of the Perfect Harmony Festival are attempting to line up sponsors from the
private sector who would agree to partially guarantee payment of the cost outlined in the
contract. As of today, they still have a long way to go before having the entire contract
amount covered.
The cover letter for the contract requests that signed copies be returned by September 7,
1995. Unless the issues outlined above have been resolved or the Commission is willing
to have the City undertake considerable financial risk in connection with this event, we
recommend that action on this item be postponed until August 29.
DTH/mld
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 9.6
"
_----'iUL-2E:-95 FF.: I 1 ø: ø::: At'1 P.Ø2
~ttiitersif\!
,
ZIP COO!, 32307
DIREC1'OA 0" BANOS
July 21, 1995
Ms, Marjorie Ferrer
Downtown Coordinator
Delray Beach Joint Venture
64 S. E. Fifth A venue
Delray Beach, FL 33483
Dear Ms. Ferrer:
I am herewith attaching contract for signatures in connection with
performance by the Florida A & M University Marching "100" Band at Delray
Beach, Florida on Saturday, October 7, 1995.
If there are any questions, please call me at (904) 599-3334/599-3341 and FAX
(904) 561-2176.
Please return signed copies of the contract by September 7, 1995,
Best wishes and kindest regards.
Willia er
Director of Bands
/j
Enclosures
FAMU IS AN EQUAL ?PPORTUNITY I EQUAL ACCESS UNIVERSITY
,
,.1 '_I L - 2 ::;: - 9 5 F F~ I 10:04 At'1 F' . '''.:'
~'~"':--<.
¿¡¡ 10 rib 11 d\1\rltl¡I1um[ ~ì~:@~>d¡ /Uti cllI ¿lUlnu.erß iiU
WnU¡ ""f,ri'iì~' urib/! QO./ØQQ-3000
DfAfCTOr1 t::J~ nANDS Contract
Dlv,alON O~ .ANO.
This contract between The Florida A&M University Marching ¿¡100" Band,
Tallahassee, FL referred tó as the artist and the "Perfect Harmony Festival - Old
School Square of Delray Beach, Florida hereinafter referred to as sponsor for the
purpose of providing the following:
A. The Florida A&M University Marching "100" Band agrees as the
artist-performer to perform at:
1. Pre-game and halftime shows in a performance for Harmony
Festival-Old School Square at 5:00 p.m., Atlantic High
School Stadium, Delray Beach, Florida, Saturday, October
, 7, 1995.
2. Small Ensemble groups will perform at selected and
designated stagesfbooths between 12:00 noon and
2:00 p.m.
B. The sponsor agrees to provide payment o~ three check~ as follows:
1. $10,000.00 to Florida A&M University Band. Honorarium for
"perform;nces: Check to be received by Dr. William P. Foster,
Director of Bands, Florida A&M University, 1500 M.L. King,
Jr. Blvd, Room 211, Fosler Tanner Music Building,
Tallahassee, FL 32307 by Wednesday, October 4, 1995.
2. ~ 12,481.00 to Annette Bus Lines by Wednesday, October 4,
1995 for se~en (7) buses to transport the 329 FAMU Marching
Band personnel from Tallahassee to Delray Beach and return
to Tallahassee.
3. To assist you financially, the band is absorbing the cost of
breakfast allocation of $5.00 each to 329 band personnel total
$1,645 for early breakfast in Jacksonville on Saturday, October
7, and the $2,500.00 band maintenance fee.
4. Hotel accommodations for the nights of Friday, October 6
and Saturday, October 7, 1995.
a. Two meals for band personnel of 329.
Saturday, October 7
10:00 a.m. - Brunch
3:00 p.m. - Dinner
h One snack for band personnel of 329 to be issued at
about 7:00 p.m.
(Two (2) ham sandwiches, small bag of potato chips,
apple or orange, two (2) cookies and a can of cold
soda.
\.
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c. Hotel room configuration
75 quads (4 per room)
3 triples (3 per room)
6 doubles (2 per room)
6 singles (1 per room)
2 suites (complimentary 2)
4 doubles for seven bus drivers (7)
d. Allocation for enroute meals is $12.00 for each of 329 band
personnel for lunch and dt:llier on Friday, October 6, 1995
for a tota~31948.00~ ,Make this check payable to Dr. "Villiam
P. Foster to e'fécëiVed by Dr. Foster by Wednesday, October 4,
1995.
Please sign three copies. Keep one copy and return two copies to Dr. William P.
Foster, Director of Bands, Florida A&M University, Room 211 Music Building,
Tallahassee, FL 32307.
I
I
In witness whereof the parties hereto have caused this agreement to be executed on
this 21st day of July 1995.
J
for Perfect Harmony Festival- for Florida A&M University
Old School Square
Ms Marjorie Ferrer Frederick S. Humphries
Downtown Coordinator President
,
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[IT' OF DELRA' IEA[H
DELRAY BEACH
F t 0 1/ IDA
tw.e.d 100 N.W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AlI·America City
, III t~
1993
MEMORANDUM
DATE: August 11, 1995
TO: City Commission
FROM: David T. Harden, City Manager
SUBJECT: Request for T em,porary Alley Closure behind the Backroom
The Backroom has submitted a request for City approval of several items relating to a
proposed Blues Festival on September 3, 1995. The request to temporarily close the alley
requires City Commission approval.
We did receive some complaints the last time the Backroom placed a stage in this area.
In this case, however, they are agreeing to stop the outside music at 10:00 p.m.
I recommend that the request to close the alley be approved subject to the Backroom
obtaining and placing all barricades. The Backroom is to contact the Streets Division so
qualified personnel can insure the barricades are properly placed. Furthermore, the
determination as to the appropriate number of police officers would be at the discretion of
the Delray Beach Police Department.
DTH/mld
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 9·C·
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- 08/88/1995 15:37
4872551472 PINEAPPLE PRODUCTION F'AGE 02
'8/10 City Clerk -- Please put on agenda for next week.
POLICE DEPARTMENT & PUBLIC WORKS: Please give me your comments by end of today!
PINEAPPLE PRODUCTIONS. INC. DTH/mld
P.O. BOX 6656
DELRA Y BEACH, FLORIDA 33484
(407) 278-9158
MEMO ,~
~
,
TO: BOB BARCINSKI
FAX: 1-407 -243-7166
FROM: LILY APPEL
DATE: August 8, 1995
RE: BACKROOM BLUES FESTIVAL, SEPTEMBER 3, 1995
ADDENDUM TO LETTER DATED AUGUST 7, 1995
With regards to the attached letter requesting permission for the
above captioned event, we wish to make the following corrections:
BOTH ITEM'S #2 ARE CORRECTED TO READ: OUTSIDE STAGE
Will BE IN USE FROM 2PM TO 10PM.
ITEM #3 REGARDING OPEN CONTAINER ORDINANCE
SHOULD BE CORRECTED TO READ: WAIVER OF THE
OPEN CONTAINER ORDINANCE FOR THE FRONT
OF THE PROPERTY ON ATLANTIC BETWEEN SWINTON
AND SE 1ST AVENUE; SE 1ST AVENUE FROM ATLANTIC
TO THE ALLEY; ALLEY FROM SE 1ST AVE. TO SWINTON
INCLUDES REAR OF THE PROPERTY AND SWINTON TO
ATLANTIC.
.
- 88/88/1995 15:37 4872E,51472
PINEAPPLE PRODUCTIÅ’~ PAGE 83
,
PINEAPPLE PRODUCTIONS, INC.
P.O. BOX 6656
DELRAY BEACH, FLORIDA 33484
(407) 278-9158
FLORIDA TALENT LICENSE #TA0000370
AUquat 7, 19'5
Mr. Rober~ Barcinaki t-~
A..iatant City Xanaqer ~
,
City of Delray Be.cb
100 .... 1.~ Avenue
Delray a..oh, rL 33444
Re: BACKROON BLVBS PB8TIVAL
SUNDAY, SBP'1'mœBa 3, 1'95
De.r Mr. øaroinski:
X am submittinq this letter on behalf of John Yurt of the Baokroom,
16 B. Atlantic Avenue, Delray Beach, Florida. I have already
di8cu..8d this event with Marjorie Ferrer, Downtown Coordinator.
It ia the intention Of the BACKROOK BLUSS BAR to hold a Labor Day
Blue. ~e.tival on Sunday, september 3, 1995 fro. 2pm to 2am. This
event will teature 10 baneS..
In acooreSanee with the City of Delray Beach Ordinanoe. we are
..king tor p.rmi.sion to operate sai4 festival as follows:
1. There will be an adai..ion charqe of $5.00, with all patrons
gaining aðais8ion throuqh the front doors on Atlantic Avenue only.
~ 2. Live .uUo wi 11 be provided OD two (~) stag... Tbe iDa!lSe stage
will be in u.. fro. 2pm to 2... The outside staq., looated in the
alley behind the Backroom will be in u.e from 2pm to ~lpm.ID'~
3. Th. Øaokrooa will provide portable toilets.
4. Th- Baokroom will provide City or Delray police orticers tor
..curity tor the entire leD9tb or the festival.
5. Th. Øaekroom will aSBume all r..ponsibility for obtaining an
outBide .taq., all aound equipment, along with obtaining and
plaoement of barricadeB.
6. Th. .aokroo. aqr..e ~o provide portable halogen liqhtinq of the
out.ieSe alley, beginning at ni9h~fall.
. ,
83/08/19'35 15:37 4872551472 PINEAPPLE PRODUCTION
PAGE 84
,
--
"'2-
CITY RIQUXRBMBRTSz
1. The Backroom i. r.;ueøtinq permi..ion ~o close the alley behind
16 B. Þatl.n~ic Avenue from the "center alley" to N.E. 1st Avenue.
The al1.y w1ll n.ed to be closed to vehicular traffio a~ 12:00 Noon
in order to do staging - i.e. placement of atac¡e and sound
equiþment. T..ting ot aound equipment will be around 1:30pm.
~2. The rsaokrooll here!:»y reque.ts."a waiver of the sound ordinance
tor amplified music from. 2p. to .,.. /DfJ.~.
,
~ 3. The Baokrooll her.))y request. peraission tor vai ver of the open
oontain.r ordinance for the length of the event.
Pl.... oall either John Yurt 1243-9110 or my office as listed above
if there are any further questioÐs you may have concerning this
event. Thank 'you for .11 your a.sistance with this events needs.
I would appreciate rin.l permit le~ter be ..nt to my office, with
copi.. to John Yurt and Xarjorie 'errer.
~(J2F/
L Y C. A BL
PRBS,tDIDrr
PIMBAPPLB PRODUCTIO.S, INC.
CCa JOJDf YURT
KUJORIB 'BUD
;
.
[IT' OF DELRA' IEA[H
DElRAY BEACH
F lOR 0 "
tw.e.d 100 N.W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AII·America City
, I III,!
1993 MEMORANDUM
DATE: August 11, 1995
TO: City Commission
FROM: David T. Harden, City Manager
SUBJECT: Request for Donation of Cit' Property to Ebenezer Wesleyan Methodist
Church
On May 16 the City Commission considered a request from the Ebenezer Wesleyan
Methodist Church to acquire a 26 foot by 135 foot parcel owned by the City. This parcel
is located between two properties which the church already owns. The City had offered
to swap properties with the church in order to make the church's land contiguous and
give us a buildable lot which would be used for a Habitat house. The church, however,
was not interested in a land swap stating they needed all the property to meet their
potential future parking needs. The City Commission then directed staff to evaluate the
possibility of sale of the property to the church. Staff has determined that an appropriate
value for the property would be $4,000. Our method for determining this value is
outlined in the attached memorandum from the Community Improvement Director.
The church has now written the City requesting that we donate this property to the
church.
I believe it would be inappropriate for the City to donate land to a church to be used for
church purposes. Therefore, I recommend that the City Commission deny the request for
donation of this property and agree to either sell the land to the church for $4,000 or swap
this strip of property for an equal amount of church property adjacent to the north end of
our lift station site, so we could create a buildable lot fronting on S.W. 7th Avenue.
DTH/mld
Attachment
@ Prínted on Recycled Paper THE EFFORT ALWAYS MATTERS 9.D·
.
DI(
, ~
Memorandum
To: David Harden, City Manager
From: Lula Carrigan Butler, Director, Community ImprovementlØ
Date: August 10, 1995
Subject: Sale of City Property/Ebenezer Weslelyan Methodist Church
This is in response to the letter received from Rev. R.L. Howard of Ebenezer ,
Wesleyan Methodist Church concerning the proposed acquisition of the vacant parcel
owned by the City located on SW 2nd Street.
We conducted a site visit to determine the number of trees and the amount of other
vegetation that was on the property. This was done in response to the comment that
an enormous amount of money would be needed to have the property cleared. The
following is what we found:
1. One 30' high Melaleuca tree approximately 18" in diameter.
2. One 30' high Ficus Bengalens approximately 48" in diameter.
3. One small clump of Brazilian Pepper.
4. One small Martie 1 O"in diameter and 15' high.
It is our opinion that the cost to remove these items would be approximately $1 ,200
to $1,500. Additionally, it should be noted that the lots purchased in the southwest
under our Affordable Housing Program have averaged $1.50 per sq. f1. Considering
the size of this lot, (26' x 135'), the estimated value of the property is $5,265.00. The
negotiated sale price of $4,000.00 considers the cost to clear the property.
LB:DQ
Ebenezer. wpd
.
~$/IS~
"
Ebenezer Wesleyan Methodist Church
201 S.W. 6th Avenue
Delray Beach, Florida 33444
(407) 272-8837
Bishop R,L. Howard
Pastor
JULY 21, 1995 RECEIVED
JUl 2 ð 1995
~1R . DAVID HARDEN-CITY MANAGER
CITY OF DEL RAY BEACH CITY MA-:: -~r"(' OFFICE
200 N. W. 1ST AVENUE
DEL RAY BEACH, FL. 33444
RE: THE EAST 26.6 FEET OF THE WEST, 161.6 FEET OF THE SOUTH .
135 FEET OF BLOCK 14, TOWN OF DEL RAY
Dear Mr. Harden,
On Thursday, July 20, 1995, I met with the Assistant City Attorney
Mr. David Tolces to inquire if the City Commission would be willing to
donate the above referenced property to the church. As per prior corres-
pondence, the church will execute unity of title at the closing.
At our meeting on July 20th, I pointed out to Mr. Tolces that after
the church Official Board previously agreed to the purchase offer we
have had several misgivings about the price and other unforseen problems
that were not considered at the time we received your purchase offer.
Specifically, we feel the exact width of the land is not accurate.
There are also numerous large trees on the property that would require
an enormous amount of money to have them excavated.
After having the opportunity to express my concerns, Mr. Tolces
suggested that I contact you and the City Commission to review this
matter.
Our church has been a part of the Delray commu~ity since 1926.
It will be greatly appreciated if you would work with us in this matter.
We would like to express our thanks for your support and cooperation.
Please feel free to contact me at my home phone of ( 407) 272-9018.
S in c ere 1 y , .// c-·'
1<y-tt;;~¿(UL
Rev. R . L. Howard
RLH/vs
CC: MR. DAVID N. TOLCES,ESQ.-ASSISTANT CITY ATTORNEY
CHURCH FILE
.
~
,
COM MIS S ION DOC U MEN TAT ION .
C I T Y
TO: DAVID T. HARDEN, CITY MANAGER
THRU: D~N~~~
~L~IN ONING
FROM: ./ STEVEN E. ~
PLANNER
SUBJECT: MEETING OF MAY 16, 1995
CONSIDERATION OF REQUEST BY EBENEZER WESLEYAN
METHODIST CHURCH TO PURCHASE CITY OWNED LAND
,
ACTION REQUESTED OF THE COMMISSION: .
The action requested of the City Commission is that of
directing administrative staff to initiate the sale of City
owned land to Ebenezer Wesleyan Church, located at 201 S.W.
6th Avenue.
The subject parcel is located adjacent to vacant property
that the church owns on the north side of S.W. 2nd Street,
between S.W. 6th Avenue and S.W. 7th Avenue.
B A C K G R 0 U N D:
In May, 1994, Ebenezer Wesleyan Methodist Church inquired about
the possibility of obtaining a parcel of land approximately 26'
x 135' owned by the City of Delray Beach. The subject property
is between 2 properties owned by the church. The church wishes
to gain title to the City owned parcel which lies between its
property, in order to provide additional parking for its
parishioners once the church relocates to this location.
In August, 1994, the City offered to give the property to the
church in exchange for an equal piece of the' church I s property
in order to create contiguous City and church parcels. The City
would then create a single family lot that could then be donated
to Habitat for Humanity. The Church later notified the City of
their wishes to acquire the entire parcel rather than initiate
an exchange, due to the need to provide the maximum amount of
parking.
In order to purchase City owned property, the City Commission
must direct City staff to investigate whether the parcel is
needed by the City, determine whether the City or applicant will ¡
obtain the appraisal, and determine a fair market price.
Initiation of this directive is now before the Commission.
.
,
,
Ebenezer Wesleyan Methodist Church
201 S.W. 6th Avenue
Delray Beach, Florida 33444
(407) 272-8837
Bishop R.L Howard
Pascor
May 10, 1994
City Of Oelray Beach
Att: City Manager
100 N. W. 1st Sti.
Oelray Beach,Fl. 33444
RE: STATUS OF HIATUS PROPERTY ADJACENT TO EBENEZER WESLEYAN
METHODIST CHURCH (West 85 Feet of South 135 Feet and I~~i_
26.6 Feet of West 161.6 Feet of South 135 Feet.Block 14 .
.
Dear Sir:
Ebenezer Wesleyan Methodist Church is interested in determining the
ownership of a 22 X 135 Hiatus property between two parcels owned
by Ebenezer Wesleyan Methodist Church. (SEE ENCLOSED SURVEY)
Ebenezer Wesleyan Methodist Church would like to know if the property
is an alley-way, public utility easement, or a private easement that
should be owned by Ebenezer Wesleyan Methodist Church. If the property
is owned by Ebenezer, we would like to join the property to the existing
parcels in a Unity Of Title.
If the property is owned by the City Of Delray Beach, Ebenezer Wesleyan
Methodist Church would like to acquire the property from the city in
order to have a "Unified" parcel. . Please investigate this matter and
inform us of the status of the aforementioned property.
If there are any questions regarding this request, please do not hesi-
tate to contact Rev. Robert L. Howard at (407) 272-9018. Thanking you
in advance for your time and effort on this matter.
SinCerelY~
. #( . ~ ~ '. 't {? L ::';C<.... L l "--
Rev. R. L. Howard,pastor
RLH/tm
CC: City Attorney
Planning and Zoning Director
Encl.
.
,
,
.
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[IT' OF DELRA' IEA[H
DElRAY BEACH
f I 0 II 0 A
tw.e.d 100 N,W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AII·America City
, III I!
1993
MEMORANDUM
DATE: August 11, 1995
TO: City Commission
FROM: David T. Harden, City Manager
SUBJECT: Retirement Benefit Enhancement for Retirees from the Police and Fire
Pension Plan
Last year I received a request from retired employees drawing retirement benefits from
the Police and Fire Pension Plan, that the retirement benefit enhancement which was
effective on January 1, 1994 for active employees be extended to retirees. I met with
these employees and advised them that although, in my opinion, the City had met all its
legal obligations to them and I disagreed with their argument that they had a claim
against the City under the extra benefits issue. I also told them I would not oppose
extending this benefit to retirees if the cost to the City was not great. Correspondence on
this subject is attached. Our actuaries have advised that the cost of granting the benefit
requested by the retirees would be $155,101 per year.
While the City Commission may wish to periodically review pension benefits being
received by retirees and grant ad hoc increases to those benefits, the cost of approving the
automatic annual increase which has been approved for current employees is, in my
opinion, much too great for us to undertake. Therefore, I recommend that the retirees
request be denied.
DTH/mld
Attachment
THE EFFOFìT ALWAYS MATTERS CjE
@ Printed on Recycled' Pavsr
. '
~;...:...;...,.._.,..-. ~.. ~~!!"''' I
,
~3. Retirement Benefit Enhancement - The City, IAFF and",:
PBA agree that effective January 1, 1994, the
police/firefighter pension plan will be amended to provide an
~ annual increase in benefits for eligible retirees of between
,
one percent and four percent, payable on October 1, based on
the amount of insurance premium tax revenues received by the
City for the preceding plan year pursuant to Chapter 175 and
185, Florida Statutes. "Eligible retirees" are those who
*- retire after 9/30/93 whose date of hire as a City police
-- ....
officer/firefighter is 25 or more years prior to the benefit
- - "
enhancement date. A minimum benefit increase of one percent
per year will be provided, regardless of the amount of premium
tax revenues received. To the extent annual premium tax
revenues exceed the current amount ($504,922), the annual one
percent minimum adjustment will be increased in increments of
one-tenth of one percent, based on the actuary's determination
that the amount of the excess premium tax revenues is
.
sufficient to fund the benefit increase on an actuarially sound
basis. The maximum amount of the total annual benefit increase
will not exceed four percent, regardless of the amount of
premi um . tax revenues received. The annual benefit increase
provided under this paragraph shall be compounded annually
(i.e. , the increase shall be based on the benefit received by
plan members at the end of the preceding plan year).
4. Disability Benefits -- The current assumption for
disability retirements is that five plan members would retire
with disabilities during the ten year period ending October 1,
3
.
1.-,
, .-' ~ It¡
)-
_/
KRUSE, O'CONNOR AND LING ING. .nr:¡T I.AU~E::ROALE:: O"""'I<':',F.'
Wl!:5T eROWAnp PROF"ESSION..A.L ~UIL..DING
?~~O rt.RIF""nN R("")AD, ~ITF" ~~n
t'-ORT LAUDERDALE, FLORf[}A 3:::33''''
·~fIt.f~~.&Jlt.á (¥.ltd ..qt;.tna-N#¿' 1" I': L, (30b) 71'1" ~eee
~U. (~OS) '7QI·S20e
NORTH /C!':NTAA.L I"LORIDÞ. O~""CI!':
101 80uî...tAS'" St:COND PLACE, SUIT~ 201
Q"'NESYILL~, "LO~IC>^ 3t!OO'
HI., (êO<l) :t,e·3eOO
"Ax (p".oI) 33e'!\13
II EPL.Y TO ,.OItT LAUOI:AOALII:
'.j
~
May 19,1995 ~
Mr. Robert Brown, Chairman .
Delray Beach Police & Flrefìghterg
Pension Board
300 W. Atlantis Avenue
Del ray Beach, Florìda 33444
Dear Bob:
You have asked us to determine the impact of extending the 1 % automatic COLA provision to those
who teti red before October I, 1993. As you know those retiring after September 301 1993 are
already covered by this benefit.
If they are covered by the 1 % COLA, the actuarial present value of benefits for the pre-1 0/1/93 retirees
would increase by $957,276 from $10,678,863 to $11,636,139.
If this increase ¡n the value of benefits is amortized over 15 years, the increase In the required City
contribution would be $155.101 per year.
Please contact us if there are any questions or if you wish to discuss this matter further.
Sincerely yours,
u fJ ~ < E-
J -r (.' '(' . ..;. '/1 .'"- -,. \'
" " '.'1.',,(...' - ..,.. n
.' ,
. ,
J, Stephell Palmquist I,.
JSP/or
. .
[IT' OF DELRA' IEA[H
DElRA Y BEACH
f l 0 . D "
tw.e.d 100 N,W, 1st AVENUE· DELRAY BEACH. FLORIDA 33444· 407/243-7000
AlI·America City
, IlIlLanuary 5, 1995
1993
Mr. Robert Brown, II, Chairman
Police and Firefighters Pension Board
100 N. W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Brown:
In response to your earlier letter and follow-up contacts
from representatives of our retired police officers and fire
fighters, I did meet with the Committee of Retirees last
month. As you are aware, the committee is requesting that
the City amend the pension plan so that the retirement
benefit enhancement described in paragraph three of the
agreement between the City, your board, the IAFF, and the
PBA, which was effective January 1, 1994, would also apply to
retirees. Paragraph three presently limits the retirement
benefit enhancement to those who retire after September 30,
1993, whose date of hire is 25 years or more prior to the
benefit enhancement date. As I understand the request, they
would like the words "who retire after 9/30/93" deleted.
In order to allow this request to be fully evaluated by your
board and City staff, and for the City Commission to
seriously consider the request, we need to have an actuarial
evaluation done. Therefore, I am requesting that the Police
and Firefighters Pension Board direct your actuaries to
determine for us the actuarial impact of the requested
change.
Your assistance and cooperation in addressing this issue is
greatly appreciated.
S.i,ncerely,
i. ,,e.
- --.-'--.
------
DAVID T. HARDEN
City Manager
DTH:mld
c: Members of the Board of Trustees
Alex Semosh
o P,'lnte-d 0(1 ql)CYC!B<' '-~-3;)'::Jf l~HE E¡-:¡::fJriT ¡:1.,LV\1 L. ; L '~~,,_,
.
...... .
,
REMEMBER
The Committee for REtiree MEMBERs
of the City of Delray Beach Police and Fire Pension System
" AI Seamosh, Ehainnan
!~ (0, c,>/ 1 '1 o~ It- '~,~ :~ :5 <lL/-;
,/
December 28, 1994
Mr. David Harden, City Manager
City of Delray Beach, Florida
Dear Sir;
REMEMBER has found it necessary to write about a matter of importance to
ourselves and the Police and Fire Pension Plan. The majority of our members
are eligible for, or hold membership in, AARP. We feel that we are being
unjustly treated or ignored. REMEMBER approached the Pension Board in
May of 94 with our concerns and were directed to contact the Office of the
City Manager to present our proposal and concerns. The concerns are to
work toward and obtain an amendment to the Police and Fire Pension Plan
that would insure fair and equitable benefits to all retired and to be retired
members. It may be that there are more important matters at hand. We
REMEMBER members have many city work years of experience and know
how that is. We know that there will always be important matters surfacing
and the group or situation that doesn't superimpose upon the scene is left to
languish and becomes forgotten. This letter is a request to get the ball rolling
and obtain a fair and equitable result to our concerns.
As each of you know the city settled pension difficulties with the active
members of the Police and Fire Unions regarding the disposition of State
insurance money received in prior years and funds to be rec~ived in future
years. The settlement was increased benefits, cost of living adjustments and
pension windows for active members of the plan. (Active members are those
that still contribute. Retired members are not considered members of the
plan because they draw from it.). What was not addressed was what the plan
would do for retired employees. Whether we were overlooked or ignored is
not at issue here at this time. The issue is if a wrong should be put right.
Each retired person prior to retirement was under the impression that they
were to benefit, in some fonn rrom the state rebate insurance (FS 175-185)
Retire3.doc
.
,
,
money that was eannarked to increase pension benefits. We trusted the City
to uphold that position. When the City settled with the Unions admitting, or
not, any wrong doing, the settlement failed to consider retired member
benefits. We were left out in the cold. Weare not asking for much. Weare
asking for fair, equitable treatment. We would like to be treated as all other
members of the retirement plan, as first class members. Instead we are treated
as non-entities. Please institute the appropriate pension amendment(s)
making everything equal. Recognizing us as ex-employees who perfonned a
need function and dedicated a major portion of our lives and health to the
City through hard times and good times. A major problem is the cutoff for
benefits between retired and active members.
We beseech you to see it in your heart to help us. As the years move on
retirement becomes more and more difficult.
Thank you all in advance for your consideration to this matter.
REMEMBER wish you and your family a Happy Holiday Season and a
bountiful New Year.
/ ~l
REMEMBER Committee al'~{.iY~ C 1
Mr. AI Semosh, Chainnan Mr. Bob Horn, Vice-Chainnan
Mr. Lorenzo Brooks, Member
Mr. Frank Henriques, Member
Mr. Fred Zieglar, Member
Mr. James Twitty, Member
Mr. Robert Schiller, deceased
REMEMBERlth
Retire3.doc
"'
" t'PÎ
Board of Trustees I
\
CITYÆJF DELRA Y BEACH
POLICE AND FIREFIGHTERS RETIREMENT SYSTEM
100 N. W. 1st Avenue
Delray Beach, Florida 33444
MEMORANDUM
'.i
TO: DAVID HARDEN, CITY MANAGER ~
(
'-;-'
FROM: ROBERT BROWN, II - CHAIRMAN·~U~--.--'___
./ ( 't (., "
DATE: APRIL 15, 1994 .
SUBJECT: RETIREES - POLICE & FIREFIGHTERS RETIREMENT SYSTEM
At the last meeting of the Police and Firefighters Pension Board, held March 23,
1994, a committee of retirees addressed the Board regarding the settlement
negotiated recently concerning the 175-185 Premium Tax monies. The committee
pointed out to the Board that the settlement specifically excluded plan members
who had retired prior to October 1, 1993. The committee asked the Board to
reconnnend to the City administration that the settlement include all plan members
regardless of when they retired.
Mr. Stephen Cypen, Board Counsel, advised those present that the Pension Board
functions in an administrative capacity, and does not negotiate for any member
or group of members. However, it is within the Board's authority to recommend
that the City administration meet with representatives of the retirees to discuss
this issue. A motion to make such a recommendation was made and passed.
Therefore, the Board is requesting that you contact the two representatives listed
below and arrange to meet with them so that their concerns may be discussed and
hopefully resolved.
Frank Henriques - 9167 Chainti Court, Boynton Beach 33437
Alex Semosh - P.O. Box 1903, Delray Beach 33447 ~
Your assistance in this matter is deeply appreciated.
.
:acw
cc: Members of the Board of Trustees
Frank Henriques
Alex Semosh
.
1
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~J - MEETING OF AUGUST 15, 1995
AWARD OF BIDS AND CONTRACTS
DATE: AUGUST 11, 1995
This is before the Commission to approve the award of the follow-
ing bids and contracts:
1. Bid award to Motorola Communication & Electronics, Inc. in
the amount of $30,773 (via Palm Beach County School Board
Contract) for Phase I of the Two-Way Radio System Upgrade
project; with funding from 441-5161-536-64.90 and 334-6112-
519-64.90.
2. Purchase award to Concept One Police Supply, Inc. in the
total amount of $22,000 for seven in-car video systems
(PAVE, One System) and one integrated radar unit installed;
with funding from 001-2117-521-64.90.
3. Bid award to RPM General Contracting, Inc. in the total
amount of $473,978.00 for construction and modifications to
Fire Stations #3 and #4. The cost for Fire Station #3 is
$291,010 and Fire Station #4 is $189,468, for a total of
$480,478, less a credit of $6,500 for awarding both
stations; with funding from 228-2311-522-61.59 for Station
#3 and 228-2311-522-61.60 for Station #4, through budget
transfer.
4. Grant awards for the rehabilitation of three single family
housing units under the CDBG housing rehabilitation program,
to be awarded as follows: $18,428 for rehabilitation at 113
S.W. 11th Avenue to First Choice Corporation, $18,742 for
520 S.W. 14th Avenue to Henry Haywood, and $20,000 for 221
S.W. 15th Avenue to Henry Haywood. Grant award amounts
include base bid plus 5% contingency. Funding is available
from 118-1963-554-49.19.
.
. .
Agenda Item No.
AGENDA REQUEST
Date: 7/27/95
Request to be placed on:
xx.. Regular Agenda
_ Special Agenda
_ Workshop Agenda When: 8/15/95
Description of item (who, what, where, how much): Staff requests Commission approval of the award of bid
to Motorola in the amount of $30,773, via Palm Beach County School Board Contract #SB95C-117V for
Phase I of the City's Two Way Radio System Upgrade project; with funding from Water & Sewer Fund -
Capital Outlay/Other Machinery-Equipment (441-5161-636-64.90ÆSD-$10,770) and General Construction
Fund - Other Machinery-Equipment (334-6112-19-64.90/$19,963).
ORDINANCE/RESOLUTION REQUIRED: YESINO DRAFT A TT ACHED YESINO
Recommendation: Award of bid to Motorola in the amount of $30,773; with funding as indicated.
DEPARTMENT HEAD SIGNATURE: r;øJtflL..,,~? )77';" <;
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available ~INO
Funding altemativ~ ÍÀ__ . . 1'- _. _ . ~ ç/1~
~' AccoW1t No, & D~9fÍption . \.;Iì tIJ;!7 . h. (¡{A;LL 0 <Yfl
ccount Balance L-~. C/J .
, -51 I-S~{P 0 W S rJQLÒ '~oW-øvLhftup
City Manager Review: Approved for agenda: E 0 m1 sf:?3 ::3 10.
Hold Until: I
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
,
,
. ·
RECEIVED
MEMORANDUM JUl 2 ð 1995
TO: David T. Harden, City Manager CITY MM~' ~~~'<:' nFFICE
FROM: William H. Greenwood, Environmental Services Director ~/ø
SUBJECT: A WARD OF BID - PHASE I TWO W A Y RADIO SYSTEM UPGRADE
DATE: July 27, 1995
On February 2,1995, I wrote you a memo, a copy of which is attached, explaining the problems
associated with our current two way radio system and what equipment would be necessary to abate
those problems. At that time, we proposed to upgrade the system using the a two phase approach.
Phase I , at an estimated cost of $26,000, provided for the:
· Purchase and installation of an antenna on the west side of the Elevated Storage Tank
· Purchase and installation of a new 125 watt base station.
· Acquisition of a second radio frequency.
Phase II, at an estimated cost of $35,533, provided for:
· Purchase and installation of a second base station.
· Retrofitting of existing radios with private line capability.
· Replacement of older radios.
We are currently in receipt of the bid from Motorola in the amount of $30,733 for Phase L This
bid is based upon pricing in the Palm Beach County School Board's Contract (#SB95C-117V).
The Purchasing Department reviewed the bid and compared the equipment with other bids
currently open. Two of the bids (Broward County and Fort Lauderdale) are for a Trunked
Communication System. Palm Beach County's contract is the only one available which meets our
specifications for a VHF system.
I am requesting that you place this item on the August 15, 1995 regular Commission Meeting for
consideration of award of bid to Motorola in the amount of $30,733, via Palm Beach County
School Board Contract (#SB95C-117V), with funding from Water & Sewer Fund - Capital
Outlay/Other Machinery~Equipment (441-5161-636-64.90/$10,770) and General Construction
Fund - Other Machinery-Equipment (334-6112-19-64.90/$19,963).
WHG:c1
Attachments
.
.
To: Mr. W. Greenwood, Director
Delray Beach Environmental Services
From: Tom Vannah
Date: 3 6 94 Updated: 7 10 95
I have broken out your equipment list for the Public Works transmite site. I am sure you are
looking forward to increased range and utilizing your PL code. The equipment that follows is
based on the Palm Beach County School Board Contract # SB 95C-117V . Prices are valid for
30 days. Terms are Net 30 days. Phone lines, permits, electrical service and licenses are not
included.
All the mobiles and portables will need to have PL code.
Equipment Contract #
1 MS F5000 1 00 watt Base with PL capacity 6645.00 #11
1 C28 Battery revert 624.00 #11
1 RRX4019A Surge suppressor 120.00 #19
1 225 ft of LDF foam cable, connectors, jumpers,
and 6db heavy duty antenna 1998.00 #18
9 L 1475 Tone desk sets with PTT 10 capability 11655.00 #7
1 T5600 Tone console 1810.00 #7
1 Junction box 241.00 #19
Equipment total 23093.00
.
,
Pg. 2 Delray Beach
Install, programming and tower work
Install of VHF antenna on water tower-west side.
Provide clamps for installation
Attach cable to water tower with wire wraps.
Install nine tone desk sets with capacity for PTT ID
Mount and program one T5600 console
Total installation 7680.00.
Combined total 30773.00.
.
~ Pl)..¿~.
,'. .
-'
I, J . r ~... ~ ~
" ,..
~- :;"
",,".. ~
f \ ~"- .......?
MEMORANDUM
TO: WILLIAM GREENWOOD, ENVIRONMENTAl SERVICES DIRECTOR
FROM: JANICE SLAZYK, BUYERC?
SUBJECT: UPGRADE OF CITY'S nvo WAY RADIO SYSTEM
DATE: JUL Y 20,1995
I have reviewed the proposal of the Upgrade of the Two Way Radio System for the City of De/ray
Beach. I believe the Palm Beach County School Board Contract IilJould be the best price for the system lille
are looking at for Phase I &: Phase II.
There are other bids out there, but they do not meet our specifications, I have attached copies of
the bids for Broward County and FL Lauderdale for your revielilJ. These bids are for Trunked Communication
Systems, Our equipment is aD VHF, !ilJhich the Palm Beach County Contract wiD better fulfiD the City's
needs. Attached is a copy of the Palm Beach County Contract #SB95C-117V.
If you should have additional questions or need addtional information, please caD me at x7161.
E ~ L :: .; .:.- 0 '¡I) $ I D I 7 ì {J
r,w, ~ ILl,!... 1.. L( '376
C ,I. 2D.O'/.:> ;. ISS
P,R . 3D, e ~D t!1.J7%'
It' r. CJ -;.<> :; $ 3 ð. 7 7 '3
,11·U\\j I'<V, '-''-' ___
- SPECIFICA TIONSlBtD SUMMARY SHEE
(fHIS PAGE IS TO BE REPRODUCED AND COMPLETED AS NEEDED FOR EACH MANU-
/ FACTURER'S PRODUCT UNE AND/OR CATALOG BID.)
8idd~r's Name and Address: Motorola C & E, Inc.
5580 N. W. 36th Avenue, Suite A
,
Ft. Lauderdale, Fl. 33309
Area Code and Telephone Number ~ 733-8550
You are: Mfg. X Distributor Dealer (Check One)
- -
Manufacturer of Product Being Bid: ,Motorola
Sales/Service Representative Name: -
Delivery: (Days From Date of Receipt 5 days to 60 days
of Purchase Order)
Terms: Net 30 days
Discounts Based on Single Fixed Discount Including Balance of Line
-
1. ' Portable Radios, includes PL Code, HTI000
VHF 1 to 5 watts and two channels MT2000 18 %
2. Portable Radios, includes PL Code, HTIOOO
UHF 1 to 5 watts, minimum two channels MT2000 18 %
3. Portable Radios, includes PL Code, HTIOOO
800 MHZ 1 to 3 watts, minimum of two MT2000 10 %
channels. Shall include minimum of 25
channel scan and priority feature.
4. Mobile radios all be available with PL feature, Spectra
VHF - 1 to 100 watts, two ch~nnel minimum Maxtrac 18 %
with trunk and dash mount capability.
5. Mobile radios all be available with PL feature. Spectra
UHF - 1 to 100 watts, two channel minimum Maxtrac 18 %
with trunk and dash mount capability
6. Mobile radios all be available with PL feature. S
800 MHZ 1 to max. watts. two channel mini- M:~~~~ 18 " %
mum. Shall include scan and priority fea- "-
-.
tures and trunk and dash mount capability.
-8-
I CIOO Command Series 10 %
Remote desk-top stations with transmit indicators T5600
. . "
" 8. Control Stations: shall be multi frequency Spectra
...;ì with PL feature available. Output 1 to max Maxtrac
:/ wattage and remote capability, VHF 1 to Deskt"t'ac
max watts 18 %
;I
9. Control Stations: shall be multi frequency Spectra
. with PL feature available. Output 1 to max Maxtrac
. wattage and remote capability, UHF 1 to max Desktrac
watts 18 %
10. Control Stations: shall be multi frequency Spectra
with PL feature available. Output 1 to max Maxtrac 18 %
wattage and remote capability, 800 MHZ 1 to Deskt"t'ac
max watts
11. Repeaters: 1 to maximum of 125 watts and shal~
include PL feature and multiplex operation, . ,
VHF - output 1 to maximum watts Quantar 10 %
Quantro
12. Repeaters: 1 to maximum of 125 watts and shall
include PL feature and multiplex operation, Quantar
UHF - output 1 to maximum watts Quantro 10 %
13. Repeaters: 1 to maximum of 125 watts and shall
include PL feature and multiplex operation, Quantar
800 MHZ output 1 to maximum watts Quantro 10 %
14. Crossband Repeater.. VHF to 800 MHZ No Bid (No Pro~ct)
15. Crossband Repeater. UHF to 800 MHZ No ~;rl (~n ~rnW~ct)
16. Batteries IS %
17. Chargers IS %
18. Antennae 9 %
,
19. Accessories IS %
BIDDER IS REQUESTED TO BID ALL THREE COMMODITIES ABOVE. IF POSSIBLE.
Manufacturer's Unaltered Price Ust as
Originally Published in General Oistri- ~YES NO
bution and in Effect on Date of Bid Open- -
ing Attached. '.
".
-9-
.
. ~
( MEMORANDUM ,
(
TO: David T. Harden, City Manager
FROM: William H. Greenwood, Environmental Services Director
SUBJECT: PROPOSED RADIO COMMUNICATION SYSTEM UPGRADE
DATE: February 2, 1995
The existing City radio communication system used by Environmental
Services ( ESD) , Public Works ( PW) , Community Improvement (CI) and
Parks and Recreation (PR) is marginally effective as supported by
the following:
0 Radio system has never been coordinated by one person.
It has evolved by each department.
0 No central base station exists. Reference to base
stations are actually desk top mobile radios with
outputs of 25 watts. A true base station is 125 watts.
0 Antennae have been haphazardly placed for convenience,
not maximum range and are low to the ground.
0 Older City radios are only 25 watt and until recently
new radios purchased were 25 watt. New radio .purchases
should be at least 45 watt which is permitted by our
existing FCC radio license.
0 Existing City frequency has 149 radios; with two
frequencies, as proposed, we will have aþproximately 75
radios per each frequency.
These deficiencies can be eliminated in a two phase program as
follows:
FY 94/95 - PHASE I
.
0 Purchase and install an antenna on the west side of the
Elevated Storage Tank. This will increase operating
range of the new base station and reduce, if not
completely eliminate, dead spots.
0 Purchase and install a new base station with 125 watt
output. This equipment will be capable of continuous
duty operation. . .
0 On January 6, 1995, we sent a check for $260, th~
application fee to apply for a new frequency. This
second frequency will reduce the interference by
operators and dramatically improve communication
capability during emergencies.
0 The total cost to implement this proposal during the
current fiscal year and drastically improve radio
performance is approximately $26,000.
Proposed allocation of costs (prorated) by department is as
follows:
ESD $ 9,100
PW 3,700
CI 5,200
PR 8,000
Total $26,000
. '
~ ( (
FY 95-96 PHASE II
0 Purchase and install a second base station, with second
radio frequency. Assign on frequency to ESD and PW and
the second frequency to CI and PRo
0 Retrofit existing radios with *private line capability
and second frequency capability.
0 Replace older radios that cannot be retrofitted with the
above capabilities.
(*Note: Private line tone coding will eliminate interferences
from Hialeah Police Department and reduce atmospheric
interferences.)
An additional feature, push-to-talk identification capabilities
(i.e. caller I.D. ) will enable us to identify specific radios
being misused, such as music playing, keyed microphone, etc. The
radio identification will show up on each departments proposed
desk top tone console. This capability would not be available on
the older portable radios; however, we are not recommending
replacement of these units at this time. We are recommending that
as these units are replaced the capability be included on the new
units.
Proposed allocation of costs (prorated) by department is as
follows:
ESD $18,500
PW 5,400
CI 1,483
PR 10,150
Total $35,533
.
'.
\
-2-
. '
.,
.
( (
Radio Communication Upgrade
Intent of the upgrade:
1. Increase range of base stations.
2. Eliminate dead spots.
3. Eliminate interference caused by Hialeah Police Department and atmospheric interference.
4. Reduce incidents of operators interfering with one another.
Steps to be taken:
1. Install antenna on West handrail of Elevated Water Storage Tank.
This will increase operating range of the new Base Station and reduce, if not completely
eliminate, dead spots.
2. a. Retrofit existing radios with Private Line capability.
b. Replace older radios that cannot be retrofitted with private line capability.
This will totally eliminate interference from Hialeah Police Department and reduce
atmospheric interference.
3. Acquire additional VHF radio frequency.
--
- a. Retrofit existing rzldios with second frequency.
b. Replace older radios that cannot operate with two frequencies.
c, Divide various departments between the two frequencies.
this will reduce the number of operators on each frequency, thereby reducing the
incidents of our operators interfering with one another.
--
_._._------------._-------_.._---------~---- -- --. ---------..------ ---- -
..
,
Goals
Page 1
. ,
( (
,
Status of project: " .I'.
1. Get check to Tom Vannah to accompany application for frequency. (Check has been requested) '.
Check sent to Tom Vannah on January 6,1995. -
2. Torn Vannah to submit request for second frequency upon receipt of check.
Request submitted during January, 1995
. .-----.--.. - -_.._-~-- .....-......--.. .-.".. _ _hm___~.__..___..__..,__ ..__._...______._____._..__."_.__. _____...._
3. Joe Lontos make block diagram of fixed system, showing antenna, Base Station and remotes.
Two drawings created.
4~ Receive costing list from Motorola for new radio acquisition and existing radio modification.
Price of Visar portables and Maxtrac Mobiles received on October 17,1994
Partial Costing (Radio Modifications) received on December 12, 1994.
Cost for Antenna and New Base station received on December 21, 1994
Awaiting modification costs for Mltrek, Micor and Mostar models, and cost of
2nd Frequency Base Station.
5. Joe Lontos make breakdown of costing by department.
Costing list made with what information is available.
6. Tom Vannah to coordinate with Jim Randall (Cellular One) on Non-Interference accord.
Joe Lontos to coordinate with Jim Randall.
.-
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~
Schedule
Page 2
. ,
( --_.~ --------------,_. - -.----.- - .-- ( ---"",,"- . -.- --
Costing Factors
Replacement:
Mobile Radio Maxtrac: $608.00
Installation t S95.00
Portable Radio Visar: $880.00
Converticom wIHT1000 $1,660.00
2nd Freq PTT
Retrofit: &PL ID
HT600, P10 (Portables) 5310.00 Not Capable
Maxtrac 100 & 300 S190.ooAwaiting Price
Radius 200 (Portables) $2~~ Not Capable
HT1000 (Portable) , 5190. Awaiting Price
Mocom 30, 70:HT90; Maxar80: $800.00 Not Capable
- Antenna ändSingle-SaseSfatlo,'-, Includes:' --'--'-~-----"-" --.-..--.... --- ---'---"-'--'--.- -.- - .-- ...--.., .'.--.---. ----_. -.---..--.-..--- -.---------.----..
High gain antenna installed on west hand rail of Elevated Storage Tank, 200 feet special low loss cable
to base station at foot of tower.
VHF MSF5000 Base Station wI continous duty operation, PL Tone Coding, Tone Control, and
PTT ID capacity.
Four new tone consoles connected by phone line to base station. Consoles will have capability
of PTT 10
Total Cost: $26,000.00
~
,--
-
Costing Data
Page 3
. ,
.
. ( (
Frequency No. 1 Frequency No.2
Existing Radio System Environmental Public Community Parks &
Services Works Improvement Recreation
Total Number of Remotes: 5 1 1 2
Total Number of Portables: 14 5 4 18
Total Number of Mobiles: 38 18 24 25
'(~centage of Radios: 36% 16% 19% 29%
,
Establish New Antenna on Water Tower With single frequency base station.
Includes one new Remote Unit for each Department:
Total Cost: $26,000.00
Departmental Pro-rated Cost: "
Environmental Services: $9,260
Public Works: $4,000
Community Improvement: $4,986
Parks & Recreation: 57,658
Establish Second Frequency Base station and Private line capability.
Mobile Mobile Mobile Portable All
Department Replacement Modification Total Replacement Total
Environmental Servic:e:s: $8,512.00 $9,980.00 $18,492.00 $0.00 $18,492.00
Public Works: $2,109.00 $3,290.00 $5,399.00 $0.00 $5,399.00
Community Improvement: $703.00 $780.00 $1,483.00 $880.00 $2,363.00
Parks & Recreation: $7,030.00 $3,120.00 $10,150.00 $9,680.00 $19,830.00
Total $35,524.00 $46,084.00
Departmental Summary
Page 4
. '
'"
. ( (
CITY OF DELRA YBEACH
Environmental Services Department 1/29/96
\
,
..
/~tenna lead-In 1 -
-'....... /"
"'~/ ---
Remote Control line
Antenna -------.- ES Administration
Power Une to Base BuildinQ
Structure housing
Base Station Station Structure -
~~
I Remote Control LIne l
Antenna -~
.-.---- Remote Console
Power Une to
Enclosed Base Station Administration Building
Base
Station
Base Installation
Page 5
. '
. (
. (
CITY OF DELRAY BEACH
Environmental Services Department
1129195
\
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r -.=.. '; ¡';:'::.::'. '.::::.::'.:,::.::.:',:' ,:'..:::.:'::.::".:':::':~:~ ;,~:~~~:~:':,~'::~:~:::~'~~.::::':.:::'.:::'.:::.:'..:::::::.:'..'..::'.::':,::.:.::.:,:.,:..::.::.::::,:.'::......:'" '......;
NAt:nIIa ~ ¡¡¡¡¡ -L ¡, &Þr_
:: ::: flMaonI U81_
~-
...- :::. "! ~ L~
'". .
ESAMlIItItOg . ..:,............".................. ;
:: ......................-.....................-. ............... ... .... .... .... .... .-
'.
il·..r,~··· ......... .....~ I Parks & Rec
- _løId..
C'.ây Hall
..,......... RemoIo LiIIOS
ROlllOlo Inslalllllion Diagrum
Pøgo6
.
.
. (
Inventory of existing Radio Equipment.
Antenna Base Station Remote Mobile Portable
City Totals 4 4 8 99 38
--
ElJvtronmental Services Department 3 3 3 33 10
Administration Building
Water Treatment Plant 1 1 3 3
Engineering
Utility Maintenance 2 2 13 5
Wastewater Collection 1 6 2
Water Distribution 1 7
Utility Billing Office 1
Meter Readers 4
---.. ____. ~~ "__"4_ _._4_'__~'___"_·_·'· "." _~. -_._----,- .- ---- -'"_."--'-~----- ------.-.,---.-- .'---- .+ _.__._-----_.----_.._-~ - ._~------_.----
Public Works Department 0 0 3 16 5
Public Works Office 1 4
- Streets 11
.. ----- . - Facilities Maintenance--- 3
Fleet Maintenance 2 2 1
--'-'--' .
Community Improvement 0 0 1 23 4
Community Development 1 1
Building Inspectors 11
Animal Control 1 1
Code Enforcement Office 1
Code Enforcement Officers 10 2
~; , ,
Parks & Recreation 1 1 1 27 19
n_......_ " r"\.. ___ _a.:.... ^~___ .. .. .. "... ..
....arKs 6 t<ecreatlon umces I I ' ¿I '
Beach Patrol 18
Parks & Recreation Vehicles
" ~ ..
.- .- .. .- ~. .--'--- ._. .._.--. -,-.-.--.---.
.
Existing Equipment
Page7
.
.
,
.-
Agenda Item No.:
AGENDA REQUEST
Date: July 31, 1995
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: August 15, 1995
Description of agenda item (who, what, where, how much):
AD in-rrlr video system from Concept One Police Supply -
PAul!:, One ~¥c::t-pm qIJ;:¡ntit.y Reven (7) and one (1) intearated
---..r;:¡d;:¡r nnit lnstalled for a total cost of $22,000.UU.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Recommend purchase from Concept One pOllce ~Upp.ly dt
a total cost of $22,000.00.
in 001 2117 521 64
Department Head Signature:
Determination of Consistency ,
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
d1" Funding alternatives. ~-(ì~ ft¡ .
,Account No. & Descr1.YlJJ: tul-1-tl7-S¿.~ '.J ~:J.
Account Balance: 2:- )
/
City Manager a€view:
Approved for agenda: ~/ NO tJ?v1
Hold Until:
Agenda Coordinator Review:
.
Received:
Action: Approved/Disapproved
. ,
pE,LRfY, B~A~~
Delray Beaeh Poliee Department tIaI:II
rrrre
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: David Junghans, Administrative Offic
TIIRU: Joseph Safford, F~.
THRU: Janice SIazyk, Buyer (ðJ
DATE: July 26, 1995
SUBJECT: IN-CAR VIDEO SYSTEM
The Department would like to purchase an in-car video system from Concept One Police Supply.
The system is the P A VB, One System. Concept One Police Supply will sell the City seven (7)
systems and one (1) integrated radar installed at our location for $22,000.00.
City Purchasing has been working with the Town of Palm Beach to secure an in-car video
through the County CO-OP. The Town of Palm Beach had bid the requirement and was in the
process of going to their City Council for approval. However, it was determined the
recommended system did not meet the required specifications. The bid was pulled and we are not
able to piggy-back on their bid.
The bid information the Town of Palm Beach received would only allow us to purchase four (4)
in-car video systems based on the $22,000.00 of budgeted money.
1. Alpha Control, 4 units, $18,740.00
2. Custom Signal, 4 units, $21,960.00
The cost of the system offered by Concept One will allow the City to purchase seven (7) systems
and one (1) integrated radar unit for $22,000.00. The Department has viewed the system in
operation at the Key Biscayne Police Department. The system meets or exceeds our
requirements.
Should you have any questions, please contact me at x7852.
DJ/ppt
o Jcl
.
~~~-~~-~~ ~~u ~~:~4 AM GUN~~PI ONE POLICE SUPPl_ 305 5327010 P.61
I---------'-'''-'-'~'-''--._:_--~--_:_~-.''-''-'-,..a,.-'.,~, I
. .CON~~~:raÅ“Påf I~¢~1!J>i>¡,y ,INC.
1928 PURDY l1V8NUlf:,'if' .MIl!11I,<i3E,JlÇH~', FL 33139
, .TEL, (305153Z;"fN3'2* FAt,' (305}532~5971
L-- ,._:,~,.-.:;:........ ' " ~-
QUOTATION
..--.----
1VJj~~ £Ji~- ..;; INQUIRY No.~!d'!!_ A __._._~.._
A vt7J : þ.. ~/) G;.J.-IHJ..s: . " " ,,' '," ': IJA 'I'E _~ ?~ :L , - tf .r:___________--___
ell ~ ~(Jo¡Vt:r'tj!.l0..J].( ., \ TERNS NO-aD .____._,._
l{~~_,?4'3- 0/&" (~~" ,'PEElVERY 1-').. w~ ~.R..(9)_._____
'to?) :2.4:)'" 21. 6./ p~( :': PRICES QUOTED ARE F,O.B.~ ~;,U~f::.~lL~:=
L. OfJAN!l'l:TY _~_:'_" 'PESCR/prIo,y" ' PRICE EXTÈNO~~l
......--'- -"~-",~........, ---","-',,~..-^,,-,.""'''-''-.''''''''' ....,....,-,..-,-".'..
17M t:J-ß1 Lt' V I /}é1) t-é-:-c.&t-/rI ,.J r; ð Y :2f¿ ð 0 o. fff)
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3
4 ~ P¡¿¡ c£' I N Cl.-tJ~ -tV.rrn L-r.A <r1\ôiJ;~~ ~,~~~,__~~__~==j
___~ ___~_____,_ __l.~_~._-_f4.J GD0 ðT/..$ I I2-.éJ.lr-;r,¿ GNV / .,.--" "____ __ ___
6 .bV ~~ rs ~.,.,.,.& t¥=' ~ !d!s> 1,1 .. ,'. ' ", ,
--7-' - ..,'..,-,-",-,~,- -~.,,,~---,'-~"----,,,.'--'-- --
7 V I ~ ~~-b1 tV --.fÆ'__.JLtv' ~--'!_ .. ,
8 ~__ _ __
9
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10 ~ Ary~~ .INV:;~It-7/~ .s
1!~ _~__._~_._~ .s '/.trtY""\. frf::!: W0 P Y1 ~---,-I ---
12
13 ~_~_ '-_-.M. _____, ~:;'.J k ,11-1)...!., "--:~~:, ~ '----~'-'-_"_-_'n=:=
I 14
-"-'-.'--'. - ......... "-..--~.~..,,.._. . . -_.,""--",-'."". '.'---.-
SUBTOTAL
e51::l ~, tH)
PRICES QUOTED BY; û~ _ PREI~: ,..:~===
'RICH !lAUD ~~!~_ DAYS ___,_~.~ ~'OT~d.1~ ~. '!.
L OlF :2
.
,__ IJ r"'1 ,__ t""_ '!-- I ur·-it:.. -" '-' L J. '__ t:.. :::·Ur"r-"L .:;.1:::1:::" :::1 .=.. L ..- J...1 I 1.::::1 1-'. ,)¿
-J 'J '-- ~'~ -"'....} v..¡ r::.. L) J. ~.:.,I .. L... ,_I HI"'
Video Systems Plus
3123 Ëast 29th Street
!:ilj'Srí, r e,>:<,~ 11802
Fax (409) 268-7528
1·800·676·4011
July 19, 1995
To: All law enforcement agencies in south em Florida
RE: Local distributor for Video Systems Plus products
Dear Sus,
Video Systems Plus hag added å new distributor to the soutb Florida area, You cat) pUrChå$e any of our
produèts through our only south Florida dhtributor, Concept One Police Supply, Ine, of MiamÎ Beach,
Florida. Concept One provides Our \vhole product line as well a~ local installation atJd service. For more
information, contact Carlos J"opez at the following address:
Concept One PoJïc.e Supply
1.928 Purdy Avet'lLle
Miami Beach, FL 33139
(305) 532·8432
Conc.ept One carries a compJe,te hn~ of law enforcement products as wet! a$ full service and illSta11atlon.
Thank you for your consideration.
0(
,ark Shipman,
eneral Manager, Video Systems PIIf..~
~ or: S
.
~.
+~
Affordable, Dual Security Mobile Video Recording
A Modular, "Vault Type" System For Law Enforcement Officers
· Multiple Video Camera Options · VHS HQ Deck Records Up to 8 Hours
· Black & White
(2 Lux/420 Line Resolution) · 3 Different VCR Configurations Available
· Color (2 Lux/Auto Iris/330 Line) ·8MM
· VHS-Basic or Enhanced
· Dual Level Of Security Entry-Optional
· Additional Options:
· LED Status Indicators · Specialty Lenses: Auto-Iris,
Auto-Focus, Motorized Zoom
· System Controller Controls All · "Cabin Eye" In-Vehicle Camera
VCR Functions - VSP Exclusive! Mounted in Rearview Mirror
With Built-in Mic
· DatelTime/Character Generator · Can be Upgraded or Expanded
Two Lines, 20 Alphanumeric Characters
· Emergency Light (Redi-On®) Activation
· Flexible Mounting Where You Want It! and Body Microphone Activation Available
(Under Seat! on Console/
on Security Screen) ð1L 'f"tA.lftlr · Includes Many Enhanced Features -
Call For Details
· Proprietary Filters that Reduce
Vehicle Noise and RFI/EMI Starting Price $2,695 00
tAit I)ð' ~ (! (ýUJ .
VSP 2 The Original and Affordable System 'hat Works!
. '
PAVE
AFFORDABLE, DUAL SECURITY MOBILE VIDEO RECORDING
Basic Components
VHS HQ Recording Deck ......................... 1
Date/Time Character Generator ............... 1
Miniature B&W Camera (CCD) ................ 1
Includes 12mm Lens
2.9 Inch Color LCD Monitor ......................1
· Regulated Power Supply ..
· Amplified Speaker
Customized Audio System ....................... 1 tt ,~c
Including:
· Microphone Transmitter
3 Rechargable Ni-Cad Batteries
· Webbed Pouch System as stated:
· Magnetic Mount Antenna DPS1011, CCD1001, LENOOO4
Customized Power Supply....................... 1 Camera Options:
Featuring:
· RFI Protected Color 1 ................................. $1 000
· SuperClean Audio Filter Color 2 (Enhanced)................ $ 950
Color (Fixed) .......................... $ 750
· Regulated Power Supply System Options:
· Fuse Protected PA VE Standard.................... $2,145
· Custom Wiring Harness PA VE Enhanced .................. $2,695
PA VE 8 ................... ............. $2,695
Customized Mounting Bracket ................. 1
Recommended Accessories:
Tamper Resistant Steel Enclosure ........... 1 VHS- T 120/160 Tapes
Customized Remote Control.................... 1 Magnetic or Fixed Mount Antenna
Multiple Lenses: Wide Angle,
· 6 Ft Controller Cable Auto-Iris
Designed To Your Specifications! adar Gun Interface
or De 81 s
Total System Components - 9 Record Over Protect
Starting Price ...................... $2,695 00 Emergency Light Interface
Body Microphone
Pack/Insure/Ship .............................. $6000 Transmitter Activation
Our Track Record Speaks For Itself
PAVE
AFFORDABLE, DUAL SECURITY MOBILE VIDEO RECORDING
Basic Components
VHS HQ Recording Deck ......................... 1
DatefTime Character Generator ............... 1
Miniature B&W Camera (CCD) ................ 1
Includes 12mm Lens
2.9 Inch Color LCD Monitor ......................1
· Regulated Power Supply ."
· Amplified Speaker
Customized Audio System ....................... 1 tI ,~'('
Including: , \\
· Microphone Transmitter I
3 Rechargable Ni-Cad Batteries ~ ,'/
· Webbed Pouch System as stated:
· Magnetic Mount Antenna DP51011, CCD1001, LENOOO4
Customized Power Supply....................... 1 Camera Options:
Featuring:
· RFI Protected Color 1 ................................. $1,000
· SuperClean Audio Filter Color 2 (Enhanced)................ $ 950
Color (Fixed) .......................... $ 750
· Regulated Power Supply System Options:
· Fuse Protected PA VE Standard.................... $2,145
· Custom Wiring Harness PA VE Enhanced .................. $2,695
PAVE 8 ................................ $2,695
Customized Mounting Bracket ................. 1
Recommended Accessories:
Tamper Resistant Steel Enclosure ........... 1 VHS- T 120/160 Tapes
Customized Remote Control ....................1 Magnetic or Fixed Mount Antenna
Multiple Lenses: Wide Angle,
· 6 Ft Controller Cable Auto-Iris
Designed To Your Specifications! adar Gun Interface
or De al s
Total System Components - 9 Record Over Protect
Starting Price ...................... $2,695 00 Emergency Light Interface
Body Microphone
Pack/Insure/Ship .............................. $6000 Transmitter Activation
Our Track Record Speaks For Itself
. '
, . ,
.
~\. .
+~
.
Affordable, Dual Security Mobile Video Recording
A Modular, "Vault Type" System For Law Enforcement Officers
· Multiple Video Camera Options · VHS HQ Deck Records Up to 8 Hours
· Black & White Jt
(2 Lux/420 Line Resolution) · 3 Different VCR Configurations Available
· Color (2 Lux/Auto Iris/330 Line) ·8MM
· VHS-Basic or Enhanced
· Dual Level Of Security Entry-Optional
· Additional Options:
· LED Status Indicators · Specialty Lenses: Auto-Iris,
Auto-Focus, Motorized Zoom
· System Controller Controls All · "Cabin Eye" In-Vehicle Camera
VCR Functions - VSP Exclusive! Mounted in Rearview Mirror
With Built-in Mic
· DatefTime/Character Generator · Can be Upgraded or Expanded
Two Lines, 20 Alphanumeric Characters
· Emergency Light (Redi-On®) Activation
· Flexible Mounting Where You Want It! and Body Microphone Activation Available
(Under Seat! on Console/
on Security Screen) ð1L 'ÿ/!A..I#r · Includes Many Enhanced Features-
Call For Details
· Proprietary Filters that Reduce
Vehicle Noise and RFI/EMI Starting Price $2,695 00 ,
IMØð'~(t .
I
VSP 2 The Original and Affordable System at Works!
.
Agenda Item No.
AGENDA REQUEST
Date: August 11, 1995
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: August 15, 1995
Description of item (who, what, where, how much): Staff request
City Commission accept a bid, and award a general construction
contract to RPM General Contracting, Inc. for construction and
modifications to Fire Station 3 and 4.
The cost for construction for Fire Station 3 is in the amount of
$291,010, and the cost for construction for Fire Station 4 is in
the amount od $189,468. A credit of $6,500 can be realized if both
stations are awarded to the same contractor. The total contract
amount is $473,978.00.
Funding for Fire Station 3 is available from Account #228-2311-522-
61.59 and Fire Station 4 from Account #228-2311-522-61.60.
ORDINANCE/RESOLUTION REQUIRED: Not Required
Recommendation: Staff recommends award of a general construction
contract to RPM General Contractors, Inc. for construction and
modifications to 3 & 4 in the amount of 473 978.00.
Department head signature:
Determination of Consistency wi th Comprehensive Plan:
Ci ty Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds):
Funding available:~NO
Funding alternatives fA (if applicable)
Account No. & Description¿;?~~,~31/- 5-:;';;l -lj,9J(bli:N:¥:H; nRt/ cAPt-n'H-;,
Accoµnt Balance' " ¡=¡k S/1P!7þV :# 3)
¿¿T~ ~Mc¡~ "'2ßfI/o{o,~t.p1 -;Z~[(-r ;)3fl-5?--?'-b{~,ò(~~7I h/l,E cAA'N-t]
Ci ty Manager Review: 71./9-91 lfb$', /> FilE S.'~(.I"vti If)
Approved for agenda: YES/NO 5'^06ff ~5'fue... A~t./.eJ)
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9361\agreq815 & \esd\9362\agreq815
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: José Aguila ~
Construction anager
Date: August 11, 1995
Subject: AGENDA REQUEST
Fire Station #3 and #4
Award of Construction Contract
Project No. 93-61 & 93-62
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attached is an Agenda Request for City Commission consideration to
accept the bids received on August 10, 1995 for additions and
modifications to Fire Stations 3 and 4, and to award a general
construction contract to RPM General Contractors, Inc for the
construction and modifications to both Fire Stations.
Following is a list of bids received:
O'Connor & $629,000
Taylor
Engineered $498,562
Environments
RPMGeneral
Contractors
Altman-Barry $358,000 $245,000 $608,000 ($ 31,000)
Five star no bid $186,650 $186,650 0
Construction
The lowest responsive and responsible bid received for Fire
Stations 3 and 4 was from RPM General Contracting, Inc. , for a
total of $480,478, less a credit for awarding both stations in the
amount of $6,500 for a total Contract Amount of $473,978.00.
ðJJ
.
.
Staff recommends award of contract to RPM General Contractinq, Inc.
for construction of Fire Station 3 & 4 in the amount of
$473,978.00. Funding is available from Account #228-2311-522-61.59
and Account #228-2311-522-61.60.
cc: William Greenwood
Chief Rehr
Mike Wigderson
Jackie Rooney
File 93-61 (A)
File 93-62 (A)
\esd\9361\agmem815
\esd\9362\agmem815
.
- -
PROPOSAL
(BID FORM)
Proposal of RPM General Contractors, Inc.
(Contractor)
415 N.E. 28th Court, Pompano Beach, Florida 33064
(Address)
to furnish and deliver all materials and to do and perform all
work in accordance with the Contract Documents for the Project
entitled:
Fire Station No.3
PROJECT NAME: Fire Station No. 4
Renovation and Addition
93-61
CITY OF DELRAY BEACH PROJECT NO: 93-62
93-902 C
CONSULTANT PROJECT NO: 93-903 C
To: Purchasing Officer .
.-' city of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
1. The undersigned Bidder proposes and aqrees, if this Bid is
accepted, to enter into an Agreement with the CITY in the
form included in the Contract Documents to complete all
Work as specified or indicated in the Contract Documents
for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the Contract
Document.
2. Bidder accepts all of the terms and conditions of the
Instructions to Bidders, including without limitation
those dealing with the disposition of Bid Security. This
Bid will remain open for sixty (60) days after the day of
Bid opening. Bidder will sign ~nd deliver to the CITY the
Agreement and submit the Contract Security, Insurance
certificates and other documents required by the Contract
Documents wi thin fifteen days after the date of OWNER'S
Notice of Tentative Award. If Bidder should fail to sign
the Agreement and deliver it to the CITY along with the
Contract security, Insurance Certificates and other docu-
ments within said perj~d, the CITY shall have the power to
rescind said award and also retain for the CITY the Bid
Security accompanying the proposal which shall become
- forfeited as liquidated damages.
I
P-l
.
,
-
3. In submitting this Bid, Bidder represents, as more fully
set forth in the Agreement, that:
a. Bidder has examined copies of all the Contract
Documents and of the fOllowing addenda:
Number Date Number Date
1 7/7/95 4 8/1/95
2 7/18/95
3 7/24/95
receipt of all of which is hereby acknowledged and
also copies of the Advertisement for Bids and the
Instructions to Bidders; .
b. Bidder has examined the site and locality where the
Work is to be performed, the legal requirements
(federal, state and local laws, ordinances, rules and
regulations) and the conditions affecting cost,
progress or performance of the Work and has made such
independent investigations as Bidder deems necessary.
i
.- c. This Bid is genuine and not made in the interest of
or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with
any agreement or rules of any group, association,
organization or corporation; Bidder has not directly
or indirectly induced or solicited any other Bidder
to submit a false or sham Bid; Bidder has not solic-
ited or induced any person, firm or a corporation to
refrain from bidding; and Bidder has not sought by
collusion to obtain for himself any advantage over
any other Bidder or over the CITY; no official of the
CITY or any person in the employ of the CITY is
directly or indirectly interested in said bid or in
the supplies of work to which it relates, or in any
person of the profits thereof.
[Remainder of this page left blank intentionally]
-
P-2
.
..¡.. Bidder will complete the Work for the following prices:
SCHEDULE OF BID PRICES
Bid
Item
~ Description Base Bid (Lump Sum)
:¿ql DID, va
l. Fire Station #3 Renovation and Addition $
) c;)
I<öC¡ , ")
., Fire Station #4 Renovation and Addition $ L{- (~3 '
-' J
Total Evaluated Bid .,
$ L\ ~ (: Lf /ì X '"\ ,
. .
Bid Items land 2 Base Bid (In numbers)
. ) ,. L .
.. Bid Items"l aI?-d 2 Base Bi~ (In words) ~ / /. _ , !- c.:t. (j
t- ~ X ( . c, -II It W !."l¿~~ "'-,
L lL- 'L.-'--( \.Í" (u,,>,L I,."" < - ,;;" .C1.'-" -J..-'- ..___. Ti . /<-,---' v t..ic ' -- Doll r ..-J
\ I !
" .~' v' /hP Cents
. ,
Bid Item
:\10. Description Base Bid (Lump Sum)
... Cost savings to City of Delray Beach deduct$ 6 t:) C'~. : .:~
.J.
for award of single construction contract
for both Fire Station 3 & 4.
Total Evaluated Deductive Bid deduct$ '-I ?~) {t''}j, ,;::
Bid Item 3 Base Bid (In numbers) Total Evaluated Deductive Bid . ,',
Bid Item 3 Base Bid (~n wo~ds) _ ( - ~,/ I l <.. d. . 1 (~j\l
, / J t -It -Jt.M ~ ~ '-0 t I \
deduct JL '-' t~~', . t'''<-~ () . ilL . <___.~I I Dollars " . i,t:. = .
{ I N'-.-C Cents
P-3
.
5. Bidder agrees that the Work will be substantially complet-
ed within .;~O 8 _. calendar days after the date when the
Contract 1me8J~ommences to run, and completed within
10 calendar days after the date of Substantial
completion.
I
Bidder accepts the· r rovisions of the Agreement as to
liquidated damages in the event of failure to complete the
work on time.
6. The undersigned agrees as follows:
Accompanying this Proposal is a certified check, cashier's
check or bid bond (5% of total Bid Price) meetin~ the
requirements of the Contract Documents for $ 5% of tota Bid Price
payable to the City of , Delray Beach which is to be
forfeited if, in the event that this Proposal is
accepted, the undersigned shall fail to execute the
contract and furnish satisfactory Contract Security and
furnish insurance certificates under the conditions and
within the time specified in the Instructions to Bidders;
otherwise, said certified check, cashier's check or bid
bond is to be returned as provided herein.
7. Communications concerning this Bid shall be addressed to
the Bidder as indicated below.
8. The terms used in this Bid which are defined in the
General Conditions of the Construction Contract included
as part of the Contract Documents have the meanings
assigned to them in the General Conditions.
Submitted on August 10, 1995 .
a. ) (If an individual, partnership, or non-incorporated
organization)
signature of Bidder
By
Address of Bidder
b. ) (If a corporation)
.A'
Signature President
Corporate Seal Mc.Teague, Jr.
I Address of Bidd r
Pompano Beach. Florida 33064
P-4
.
Incorporated under the laws of the state of Florida
.
c. ) certificate of Competency number CGC'A37114 .
d) The names of the corporate officers, or partners, or
individuals doing business under trade name, is as
follows:
Robert P. Mc.Tea~uer Jr.
Robert P. Mc.Tea ue Jr.
Signature of President
Jr. President.
Business Address 415 N.E. 28th Court
Pompano Beach, Florida 33064
Incorporated under the laws of the state of Florida .
[Remainder of this page left blank intentionally]
(
P-5
.
-
INFORMATIOH REOUIRED OF BIDDER
BIDDER'S GENERAL INFORMATION:
Bidder shall furnish the following information. Failure to
comply with this requirement will render Bid non-responsive and
may cause its rejection. Additional sheets shalL be attached
as required.
( 1) CONTRACTOR'S name and address:
RPM General Contractors, Inc.
415 N.E. 28th Court .
Pompano Beach, FL 33064
(2) CONTRACTOR'S telephone number: 305-785-8900
(3) Number of years as a CONTRACTOR in this type of work: ~
(4) Names and titles of all officers of CONTRACTOR'S firm:
-
Robert P. McTeague, Jr. President
Robert P. McTeague, Jr. Secretary
(5) Name, address, and telephone number of surety company and
agent who will provide the required bonds on this
contract:
Bankers Insurance Company - J.B.I. Group, Inc. - Ted Jedlick
6191 Orange Drive. Suite 6159E, Davie, Florida 33314 (305)327-0442
(6) princioal Materials Manufacturer and Subcontractors.
This proposal is being submitted by the hereinafter stated
~ CONTRACTOR who proposes to perform work specified and
P-16
.
-
QUESTIONNAIRE
The undersigned guarantees the truth and accuracy of all
statements and answers herein contained.
1. How many years has your organization been in business in
the State of Florida as a Contractor?
Nine (9).
2. What is the last project of this nature that you have
completed?
Pembroke Pines Fire Station #69
3 . Have you ever failed to complete work awarded to you: If
so where and why?
No.
4. Name three individuals or corporations for which you have
performed work and to which you refer?
-
Florida Department of Transportation
Board of County Corrmissioners, Broward County
Palm Beach County
5. List the following information concerning all contracts on
hand as of the date of submission of this proposal. (In
case of co-venture, list the information of all
co-venturers) .
TOTAL CONTRACTED % OF
CONTRACT DATE OF COMPLETION
NAME OF PROJECT OWNER VALUE COMPLETION TO DATE
Ft. Lauderdale Florida Dept. $1,oo.,OOJ.OO 7 'S c~
De t. of Trans rtation of Trans rtation.
$76,CJ.+7.00 1 "
0"'- ~O ~ L
PBCC - Lewis Center Palm Beach Communit Colle e 1 ,~
~,OOJ.OO C;:S" I -) ,.J¡..;
PBCC - ADA Bathrooms Palm Beach Communit Colle e
, $138 ,OOJ. 00 I 9 'Ç' , ì>:---
St. Georie Park Broward County I'l.. I,:; . ~:..'-
(Continue list on insert sheet, if necessary) .s "'2,:
Tri-Rail Sheridan St. 1ì:i-<hr1ty Cmm.Jter Fail Þuthrity ~.OO / (c/ C:
N.W.r::eve1.q:m:nt Camulity Center N.W.r::eve1.q:m:nt Carnuùty Cen ,411.00 1'.1,/;5 ),-~
..- :.,.--"'" ...
P-18
.
-
6. Have you personally inspected the proposed work and have
you a complete plan for its performance?
Yes.
7. Will you sublet any part of this work? If so, give
details.
Yes. As nec.essary.
8. What equipment do you own that is available for the work?
(Attach additional sheets as necessary)
All required.
9. What equipment will you purchase for the proposed work?
None.
10. What equipment will you rent for the proposed work?
As needed.
.
state the true, exact, correct and complete name of the part-
nership, corporation or trade name under which you do business
and the address of the place of business. (If a corporation,
state the name of the President and Secretary. If a partner-
ship, state the names of all partners. If a trade name, state
the names of the business under the trade name. It is abso-
lutely necessary that this information be furnished).
RPM General Contrac.tors, Inc..
Correct Name of Bidder
a) The business is a (Sole Proprietorship) (Partnership)
(Corporation)
Corporation
b) The address of principal place of business is
; 41~ N.F.. 28th Court, Pompano Beac.h. Florida 33064
P-19
. '
.
-
c} The names of the corporate officers or partners, or
individuals doing business under a trade name, is as
follows:
Robert P. McTea ue Jr.
Signature of
Business Address
PompAno RpArn, Fl 110f14
Incorporated under the laws of the State of Florida .
.
.-
~
P-20
.
.
Agenda I tern No. :
AGENDA REQUEST
Request to be placed on: Date: AUGUST 7, 1995
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: AUGUST 15, 1995
Description of item (who, what, where, how much):
CASE' ADDRESS GRANT AMOUNT
92-026HR 113 S.W. 11th Avenue $18,428.00
92-045HR 520 S.W. 14th Avenue $18,742.00
92-030HR 221 S.W. 15th Avenue $20,000.00
(Example: Request from Atlantic Hiqh School for $2,000 to fund
project qraduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT
AWARDS FROM ACCOUNT #118-1963-554-49.19 GRANT AMOUNT INCLUDES
CONTINGENCY.
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Department Head Signature: h~~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available:~/NO
Funding alternative~:. ~ ~ifRD~C~ ý). . L-
,0-. Account No. & Descr~pt~on: - ?-- . '" &1 - I~v ·
~ -Account Balance: JlPJ (P1!7 I · - - - r
City Manager Review:
Approved for agenda: AE~/NO t7L '1
Hold Until: ~ .
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
. '
.
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR [y£
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT
DATE: AUGUST 15, 1995
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES
HOUSING REHABILITATION GRANT AWARDS
ITEM BEFORE THE COMMISSION
This is to request approval for three Housing Rehabilitation
Grant Awards. This request is in accordance with the City's
Community Development Division's approved Policies and
Procedures.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation
as determined by the low bidder plus a 5% contingency. The
contingency may be used for change orders. All unused funds
remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community
Improvement's Building Inspection and Community Development
Divisions. Contracts are executed between the building
contractor and the property owner. The City remains the agent
and this office monitors all work performed by the contractor
ensuring compliance according to specifications and program
guidelines. Pay Request forms require both contractor and
homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies
and Procedures.
The rehabilitation activity will bring the homes to minimum code
requirements by repairing roofs, electric and plumbing systems
and correcting other incipient code violations. Detailed work
write-ups and individual case file are available for review at
the Community Development Division Office.
The Contract Award and Bid Summary sheets are attached f or your
reference.
RECOMMENDATION
Staff recommends Housing Rehab Grants be awarded for the
following:
Case# Address Grant Amount
92-026HR 113 Southwest 11th Avenue $18,428.00
92-045HR 520 Southwest 14th Avenue $18,742.00
92-030HR 221 Southwest 15th Avenue $20,000.00
HR2
fJy
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 95-52HR
APPLICANT: Eva Mae Haynes
APPLICATION #: 92-026HR
PROJECT ADDRESS: 113 Southwest 11th Avenue
DATE OF BID LETTERS: July 7, 1995
DATE OF BID OPENING: JUly 17, 1995
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $
ARTHUR'S MAINT. $28,720.00
CSB CONSTRUCTION $
1ST CHOICE CORP $17 ,551.00
INTERCONTINENTAL CONSTRUCTION CORP $20,500.00
HENRY HAYWOOD $
PRESTON CONST. $21,075.00
RADA ENTERPRISES INC. $
RAY GRAEVE CONSTRUCTION INC. $21,255.00
SOUTH FLORIDA CONSTRUCTION $18,255.00
IN - HOUSE ESTIMATE: $19,210.00
CONTRACTOR AWARDED CONTRACT: First Choice Corp.
BID/CONTRACT AMOUNT: $17,551.00
COMMENTS: Bid awarded to low bidder
BIDFORM/PG1
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 95-52HR
APPLICANT: Perline Bellamy
APPLICATION #: 92-030HR
PROJECT ADDRESS: 221 Southwest 15th Avenue
DATE OF BID LETTERS: July 7, 1995
DATE OF BID OPENING: JUly 17, 1995
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $21,105.00
ARTHUR'S MAINT. $ NO BID
CSB CONSTRUCTION $
1ST CHOICE CORP $21,815.00
INTERCONTINENTAL CONSTRUCTION CORP $21,175.00
HENRY HAYWOOD $19,703.00
PRESTON CONST. $21,775.00
RADA ENTERPRISES INC. $
RAY GRAEVE CONSTRUCTION INC. $25,290.00
SOUTH FLORIDA CONSTRUCTION $21,333.00
IN - HOUSE ESTIMATE: $19,830.00
CONTRACTOR AWARDED CONTRACT: Henry Haywood
BID/CONTRACT AMOUNT: $19,703.00
COMMENTS: Bid awarded to low bidder
BIDFORM/PGl
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 95-52HR
APPLICANT: Priscillia Stephens
APPLICATION #: 92-045HR
PROJECT ADDRESS: 520 Southwest 14th Avenue
DATE OF BID LETTERS: July 7, 1995
DATE OF BID OPENING: JUly 17, 1995
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $18,431.25
ALPHA ULTRA INC. $
ARTHUR'S MAINT. $27,450.00
CSB CONSTRUCTION $
1ST CHOICE CORP $21,393.00
INTERCONTINENTAL CONSTRUCTION CORP $18,925.00
HENRY HAYWOOD $17,850.00
PRESTON CONST. $21,400.00
RADA ENTERPRISES INC. $
RAY GRAEVE CONSTRUCTION INC. $22,820.00
SOUTH FLORIDA CONSTRUCTION $21,100.00
IN - HOUSE ESTIMATE: $18,043.00
CONTRACTOR AWARDED CONTRACT: Henry Haywood
BID/CONTRACT AMOUNT: $17,850.00
COMMENTS: Bid awarded to low bidder
BIDFORM/PG1
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MEMORANDUM
TO: JOE SAFFORD, FINANCE DIRECTOR
FROM: DOROTHY ELLINGTON, CD COORDINATOR ))~
THRU: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ~
DATE: AUGUST 7, 1995
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT
Attached, please find Community Development's Housing
Rehabilitation package, Bid #95-52HR. This package is submitted
for the Consent agenda scheduled for AUGUST 15, 1995
This package is submitted to your office per Purchasing Policies
and Procedures.
HR2/PAGE2
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM, ~ CITY MANAGER
SUBJECT: AGENDA ITEM ~ q p - MEETING OF AUGUST 15. 1995
FUNDING REOUEST FROM PALM BEACH COUNTY FOR URBAN
FORESTRY PROGRAM
DATE: AUGUST 10, 1995
This is before the Commission to consider a request from Palm
Beach County to participate in the funding of an Urban Forestry
Program.
During the 1995 State Legislative Session, both the Florida House
and Senate voted not to fund the Florida Division of Forestry's
(DOF) Urban Forestry Program. This action caused the DOF to
eliminate the program as of June 30, 1995. The Board of County
Commissioners, however, voted to temporarily fund the program for
a 15 month period I with direction to staff to pursue additional
funding sources in order to keep the program going. One possible
way that the program could be saved is for the local
municipalities to form a partnership with the County wherein both
would share in the cost of the program. Palm Beach County staff
is looking for a total funding commitment from the municipalities
equal to half of the costsl or $22,000.
After reviewing our potential usage of the Urban Forester, staff
recommends authorization of $1,000.00 to participate in funding
the County's Urban Forestry Program.
ref:agmemo7
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. 8/8/95 TO: Lula -- Please draft a response for the City Manager. DTH/mld
Board of County Commissioners County Administrator
Ken L. Foster, Chairman Robert Weisman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts Department of
Warren H. Newell Environmental Resources Management
Mary McCarty
Maude Ford Lee RECEIVED
July 28, 1995 CITY Mfo'" '~~'" nCT
,. ¡,,',
Mr. David Harden ~
Delray Beach City Manager
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
SUBJECT: FORESTRY PARTNERSIDP BETWEEN PALM BEACH COUNTY
AND PALM BEACH COUNTY MUNICIPALITIES.
At the Municipal League's general membership meeting on July 26, we had an
opportunity to present an update on the Urban Forestry Program. As you may be
aware, the State eliminated their program on June 30 and the Board of County
Commissioners agreed to fund the program for a 15 month period. They did challenge
staff to meet with each city in an effort to get a total funding commitment equal to half
of the costs ($22,000).
~ I have attached a copy of the backup material provided at the meeting. Please review
this with an eye as to how we may assist your municipality in meeting its forestry
needs. I will be contacting you within the next 45 days to discuss this program with
you and investigate partnership opportuni!ies.
...
......
Ifyou have any questions, please don't hesitate to call (407) 233-2400.
Sin~;!)IY, . ~
--' 1 .., 1,
jc:.JJ FWðY.LU'
Richard E. Walesky, Director
Environmental Resources Management
Enclosure
/
"An Equal Opportunity - AffirmativeÎ\ction Employer"
"
@ printed on recycled paper 3323 Belvedere Road, Bldg. 502 West Palm Beach, Florida 33406
(407) 233-2400 Suncom 274-2400
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P aim Beach County
&
P oBo Co Municipalities
"F orestry Partnership Program"
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Introduction
In many areas, the County Forester is the only public servant to provide local
tree care assistance to municipalities and the general public. Assistance comes in many
fonns such as: tree care workshops and seminars for public workers, diagnosing insect
and disease problems on shade trees, site plan reviews, environmental education,
hazardous tree identification, tree inventories, tree canopy analyses, and developing
tree protection ordinances.
Since 1971 when a partnership between Palm Beach County and the Florida
Division of Forestry was created, both agencies have work closely with local
governments in a mutually beneficial relationship. This partnership has help to prevent
environmental deterioration of our urban areas by promoting proper tree planting, tree
care and maintenance and the preservation of greenspace in and around the county and
municipalities.
During the 1995 State Legislative Session, both the Florida House and Senate
voted not to fund the Florida Division of Forestry's (DOF) Urban Forestry Program.
This action caused the DOF to eliminated the program. The Palm Beach Board of
Cotmty Commissioners recognizing the importance of the urban forestry program to the
county, voted to temporarily fund the program for one year. This was done so that an
addition source of fimding could be found to support the program. In the interim, Palm
Beach County is looking for ways to keep the program going.
One possible way that the program could be saved is for the local municipalities
to fonn a partnership with the County. In this scenario, both the county and the
municipalities wOlÙd share in the cost of the program. By fonning this partnership, the
forestry needs of both the County and Municipalities could be met.
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PARTNERSHIP SERVICES
For municipalities that which to form a partnership with the C01.mty, a list of
services that the County Forester will perform is listed below. With any
partnership that is created, it will be extremely important for Palm Beach County
to know the needs of the individual municipalities. As each municipality is in a
different stage of forestry development, the County Forester will need to know
this information in order to develop a specific forestry assistance program for
that municipality. Forestry assistance will be broken up into three categories.
They are: Forestry Development, Technical Forestry Assistance, and Forestry
Information & Education.
FORESTRY DEVELOPMENT
Tree Planting Programs
The county is currently developing a tree planting program entitled the
"Upland Enhancement Program" (UEP). UEP deals strictly with specific
tree planting projects in a variety of locations covering a wide range of
sites. Projects will be based on targeted groups and their needs. The
County will form a partnership with these groups and will provide an
assortment of technical expertise when called for. County Staffwill also
coordinate vohmteer activities and supply trees to specific projects when
appropriate. Listed below are some of the components of the UEP
program.
Municipalities / Neighborhoods Plantings
The County will contact municipalities and individual
neighborhoods in order to provide information on tree availability
from programs currently being developed in the "Upland
Enhancement Program". In addition, county staff will offer to
municipalities and neighborhoods technical expertise, grant
application critique and volunteer support for appropriate tree
planting projects.
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Schools
For the 1995-96 school year, 20 elementary/middle will schools
will be targeted for tree planting projects. The schools will be
located through out Palm Beach County. County staffhas arranged
for trees to be provided by the School Board Nursery in
conjunction with a cmriculwn being provided to the teachers by the
PBC 4-H program. Staff will also provide technical and
educational expertise during the actual planting day.
Restoration PrQjects
The County Forester will assist municipalities in restoration
projects that deal with the protection, enhancement and upkeep of
existing native habitats within their jurisdiction. The County will
coordinate activities that included: recruiting private groups to
adopt native habitat sites, aid in developing management plans for
the specific sites and assist in carrying out the management
objectives.
County Staff will also recruit local volunteer groups for occasional
activities such as cleanups, exotic vegetation removal, and tree
plantings.
Tree Rescue
Tree rescue is a project where trees that are ear marked for
removal will be relocated to other planting sites. Municipalities
will be incorporated into a data base of potential planting sites.
Relocated trees will be docwnented, cross reference and matched
to potential planting sites. The County Forester's office will also
act as a clearing house for tree relocation infonnation between the
different county agencies and the municipalities.
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Street Tree Plantings
The Cmmty Forester will assist and guide municipalities in setting up and
managing a street tree planting program. He will advise the municipalities
on the different street tree programs that can be initiated and will aid in
the logistic of the program.
Tree Protection Ordinances
The County Forester will assist municipalities in developing and or
strengthening their existing tree protection ordinances.
Management Plans
The County Forester will work with mwricipal departments in developing
management plans which include comprehensive plans, prescribed bums,
disaster relief, landscaping and exotic plant removal.
TECHNICAL FORESTRY ASSISTANCE
Urban Forestry
The County Forester will assist and interact with homeowners,
condominium associations, developers, and special interest groups
directly or by disseminating booklets and pamphlets that promote:
- Urban tree planting
- Proper tree species selection
- Proper tree maintenance, care and removal
- Proper tree protection during construction
- Uses of energy efficient landscaping
material
- Pest and abiotic problems concerning trees
- Other related forestry techniques and
Issues
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Beautification Projects
The County Forester will serve as a liaison between different federal,
state, county and municipal agencies in regards to developing
beautification projects.
Tree City U.S.A.
The County Forester will give assistance and guidance to local
municipalities in order to achieve Tree City U.S.A. and Growth Award
status. These awards are given out annually by the National Arbor Day
Foundation for municipalities with outstanding forestry programs.
Tree Care Workshops and Seminars
The County Forester will conduct workshops and seminars to interested
groups on a wide selection of forestry topics which include, proper tree
pruning, selecting the right tree for the right site, tree planting, tree
protection, and exotic tree removal.
Tree Inventories and Canopy Analysis
The County Forester will supply technical assistance and guidance to
local municipalities in order to conduct street tree inventories and tree
canopy analyses.
Forestry Partnership Programs
The County Forester will assist municipalities in obtaining cost sharing
grants through the following programs:
-Urban & Community Forestry
-Florida Tree Trust Fund
-Palm Beach County Beautification (Beautiful Palm Beaches)
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URBAN FORESTRY INFORMATION AND EDUCATION
The County Forester will work with municipalities to increase public awareness
in the environment through the following activities.
Exhibits, Festivals and Fairs
Set up forestry booths at municipal events that will emphasize
proper forestry techniques along with wildland fire control.
School Projects
Supply environmental education infonnation to the public and
private schools ofPa1m Beach County. This will be accomplished
by having seminars, lectures, tree plantings and field days at the
local schools.
Seminars and Presentations
Conduct seminars and presentations on a wide variety of forestry
related topics to garden clubs, civic organizations, homeowner
associations, beautification committees and other special interest
groups.
Written Material
Develop specific forestry handouts and pamphlets that would be
dispersed to the general public upon request.
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CONCLUSION
Palm Beach County has reached a critical stage in its development. With the
elimination of the State's Urban Forestry program, a viable resource has been lost both
to the county and municipalities. The question that needs to be answered is who will
fill the forestry void that was created. By developing a forestry partnership between
the county and municipalities, the forestry needs of all participating entities can be met.
A healthy vigorous forestry program that includes: reforestation / afforestation
updating existing landscape codes and increasing public awareness will ensure that
Palm Beach County will remain environmentally sound, aesthetically pleasing,
economically stable, but most of all a desired place to live and work
7
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CPalm CJ3each Counly
E nvironmentalResourcesManagement's
"Upland Enhancement Program"
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OUTLINE
1. Tree plantings
a. Schools
b. Neighborhoods
. Street Trees
1.
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11. Common Grounds
111. Parks
c. Natural Areas
2. Restoration Projects
a. Natural Areas (ERM)
b. Preserve Areas (County)
c. Municipalities
1. Preserve Areas
11. Parks
.
111. Coastlines
IV. Public Lands i
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3. Tree Dispersal (Non Tree Planting)
a. Seedling Give- A - Ways (ERM)
b. Nursery Sales (Coordinating Sales)
c. Tree Donations (Private Sector)
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4. Acquisition of Trees & Seedlings
a. Buying
1. Grants
.. Funds
11.
b. Donations
1. Nurseries
~
11. Private Sector
111. National Tree Bank
c. Growing Seedlings
1. From Liners
11. From Seed Collection
d. Tree Bank
1. Mitigation
(1) Credits
(2) Money
(3) Holdings
.
11. Tree Rescue Program
(1) Salvaging Tre,es & Seedlings From Areas To Be Developed
...
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(a) Wildlands Areas
(b) Land Clearing
(c) Burning Sites
(2) Relocation of Existing Trees
... Tree Trust Fund
111.
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will offer to municipalities and neighborhoods technical
expertise, grant application critique and volunteer support
for appropriate tree planting projects.
Natural Areas
ERMIs ERNA Division will be contacted for tree planting
needs within the county owned Natural Areas. The Tree
Dispersal component of the UEP will be utilized for
secunng appropriate speCIes for Natural Area
enhancement.
2. Restoration Projects
Restoration projects will deal with the protection, enhancement
and upkeep of existing native habitats. Staff will coordinate
activities that included: recruiting private groups to adopt native
habitat sites, aid in developing management plans for the
specific sites and assist in carrying out the management
objectives.
Staff will also recruit local volunteer groups for occasional
. activities such as cleanups, exotic vegetation removal, and tree
plantings. In addition, volunteers will be used for construction
projects such as shoreline protection fences, plant nurseries and
informational kiosks. ~¡
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3. Tree Dispersal (Non Tree Planting)
The primary goal of tree dispersal is to distribute trees and
seedlings into the hands of the general public. Staff will
coordinate tree and seedling dispersal through different activities
such as: seedling give-a-ways, nursery sales, and private sector
donations of seedlings for special events. Staff will supply
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educational material at time of dispersal that cover: tree planting
instruction, tree care & maintenance, and species background
data.
Planning is underway for a large scale seedling give-a-way at the
South Florida Fair scheduled for Florida Arbor Day, January 19,
1996. The County 'Yith additional sponsors (Beautiful Palm
Beaches, Pepsi-Cola, and the SW A) will give away 20,000
seedlings with planting instructions to student groups, families
and individuals attending the fair. In addition, the County will
plant several larger trees at Yesterday Village during the County
Arbor Day Ceremony. Anticipated attendance for the January
19 event is 4,000 bussed school children and 33,000 other
attendees. Plans are also underway to co-sponsor a seedling
give-a-way with McDonalds Corp. to students at five local West
Palm Beach schools.
4. Acquisition of Trees & Seedlings
This component of the UEP deals with creating a source of trees
and seedlings for dispersal or relocation. The trees will either be
bought, donated, relocated from other areas or grown from seed
by ERM.
A
Staff has also arranged with PBC Parks & Recreation
Department for use of their nursery. The nursery space will be
,~
used for storage of trees and plants and other activities such as
seed propagation, and pótting and stepping up of seedlings.
Buying
A source of funds to purchase seedlings will include
soliciting corporations, organizations and private citizens.
There are two ways that the funds will be collected. The
first way is for the targeted group to channel funds through
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a county forestry account. The way this will work is for
the targeted group to make a check for a specific amount
to a nursery. Staff will then pick up the seedlings or trees
and either store them at the holding nursery or deliver
them directly the event. The second way for collecting the
funds is for the targeted group to put money a Tree Trust
Fund. These ,funds than could be used for projects at a
latter date.
~
The second source of funds is applying for an assortment
of grants such as the Division of Forestry's Urban &
Community Forestry Grant or the Florida Tree Trust
Grant.
Donations
Local nurseries, and the private sector will be contacted in
order to provide seedlings for planting projects. These
donated seedlings will be placed in a section of ERM'S
holding nursery and will be used for future planting
projects as they come up.
The National Tree Bank will be contacted in order to
. become associated with their program. The National Tree
Bank is an organization that supplies seedling for public
tree plantings and projects. The County's involvement
with this organizp.tion would be to become one of their
distribution points.
.
Growing Seedlings
Seeds will be collected from desired species and propagate
at the holding nursery. After germination, the plants will
be transplanted into cone trays and after an establishment
period, they could then be dispersed at different events. A
second option is to get liners from a nursery and step up
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the seedlings into cone trays and follow the same
procedure as the first option.
Tree Bank
The tree bank will consist of the following components:
Mitigation, Tree Rescue, and the Tree Trust Fund.
~
Mitigation
In mitigation, companies or individuals will
either give credits, money or holdings that will
be used to purchase trees. The way this will
work is in order for the person or company to
get the permits they need, they must
compensate the county for the trees that are to
be removed. They can either donate money
that will be put into the trust fund or supply
credits to the county through a local nursery.
In this case of credits, staff would be able to go
to the local nursery and pick up trees based on
the number of credits that the nursery has.
. With holdings, the person or company would
trade trees to be removed with other trees that
they may have.
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Tree Rescue'!
This section is broken up into two categories.
The first category is where trees are to
removed in areas that are to be developed and
will be salvaged for relocation. The second
category is areas where development is not the
prime reason why the trees are to be removed.
An example is where a home owner dóes not
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want the tree because of any number of
reasons.
In this section a list of potential planting sites
will be compiled. Relocated trees will be
documented, cross reference and matched to
potvntial planting sites. Relocated trees will
either be relocated to another planting area
~ directly or will be placed in a holding area for
future plantings depending on the urgency of
relocating the trees.
ERM will also act as a clearing house of tree
relocation infonnation between the different
county agencies (Engineering & Public Works,
Public Health, and Planning, Zoning &
Building) and municipalities, neighborhoods
or homeowner groups interested in receiving
relocated trees.
Tree Trust Fund
The purpose of the tree trust fund is to
. encourage and support tree planting on public
properly through the acquisition of funds and
their distribution to municipalities, nonprofit
organqations, homeowner associations, and
private<! landowners. The trust fund will be
established by Palm Beach County Board of
County Commissioners (BCC) and
administered by ERM. Funds wiII be collected
through different means (mitigation, donations
or county funds) for distribution. A project
evaluation team will review all applications
and make recommendations on which
applicant should get trees.
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RECEIVED
JUN 3 0 1995
C/ïY Mil'" ----." lì~' ',':
Memorandum .""
To: David T. Harden - City Manager ¡j
From: Lula Butler - Director, .Community Improvement ~
Date: June 29, 1995
,;
Subject: Urban Forester ~
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Nancy Davila and I discussed the memorandum from tlle Municipal League. We
have not had a tremendous need to use the Palm Beach County Urban Forester,
primarily because Bob Kussner and Nancy are fairly knowledgeable in Horticulture.
Nancy has stated that if we are able to develop our Adopt-A-Tree Program, we will
need Mike Greenstein's assist.ance in set.ting it up. However, our biggest shortfall
is the man hours needed t.o work with tlle homeowners associat.ions t.o coordinate
tllis program.
LB:DQ
DQ4
UrbFor.CM
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i ~.(;. - MEETING OF AUGUST 15. 1995
AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. 15/CH2M HILL
DATE: AUGUST 10, 1995
This is before the Commission to consider approval of Amendment No. 1
to Service Authorization No. 15 with CH2M Hill to provide additional
engineering services in conjunction with replacement and
rehabilitation of filter media at the Water Treatment Plant.
Service Authorization No. 15 was for $9,972.00 and included evaluation
of media condition, determination of rehab requirements and
preparation of technical specifications. Amendment No. 1 is in the
amount of $8,746.00 and is for consulting services with respect to the
expanded scope of rehabilitation to include filter agitator systems,
concrete repairs and backwash pump upgrades.
Recommend approval of Amendment No. 1 to Service Authorization No. 15
with CH2M Hill in the amount of $8,746.00, with funding from Renewal
and Replacement - Water Treatment Plant Media Replacement (Account No.
442-5178-536-61.46).
ref:agmemo6
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Agenda Item No. %'.
AGENDA REQUEST
Date: 08/08/95
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 08/15/95
Description of item (who, what, where, how much) : Staff requests
Commission approval of Addendum #1 to Service Authorization #15 for CH2M
Hill for provision of additional consulting services regarding
rehabilitation of the WTP filter media. S .A. #15 was for $9,972.00 to
evaluate media condition, determine rehab requirements & prepare technical
specifications. Addendum #1 is for $8,746.00 for additional services
regarding expanded scope of rehabilitation to include filter agitator
systems, concrete repairs and backwash pump upgrades. Funding is from
account #442-5178-536-61.46, R&R, WTP Media Replacement.
ORDINANCE/RESOLUTION REQUIRED: Y£Ø/NO DRAFT ATTACHED Y£Ø/NO
Recommendation: Staff recommends approval of Addendum #1 to Service
Authorization #15 for CH2M e.U
DEPARTMENT HEAD SIGNATURE: y~/1S
Determination of Consistency Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds) :
Funding availabl~/NO
Funding alternatives AI.
Account No. & Descript on
Account Balance 0 fl.
City Manager Review:
Approved for agenda: ~/NO Al'~-.,c"'7Y.ì--t¡~ ~~-t:=)T~ @)
Hold Until: d~ -it k1~ ~I 'Î ~~ 'L.
Agenda Coordinator Review: ,; ~- ·cc . · ff7 ;'~1
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
city Manager ~~
FROM: Richard C. Hasko, P.E.
Deputy Director of Public Utilities
SUBJECT: CH2M HILL SERVICE AUTHORIZATION
AMENDMENT WTP FILTER MEDIA
REPLACEMENT EVALUATION; PN 94-075
DATE: August 8, 1995
Attached is an agenda request and a copy of amendment #1 to
Service Authorization #15 for CH2M Hill to provide additional
engineering services in conjunction with replacement of .
filter media at the City's Water Treatment Plant.
Service Authorization #15 in the amount of $9,972.00
included testing and analysis of filter media core samples
for evaluation of rehabilitation requirements and
preparation of technical specifications for inclusion in
project bid documents.
The filter rehabilitation project scope has been expanded to
include needed repairs to the filter agitator systems for
rehab of deteriorated piping, supports, nozzles, caps and
appurtenances, repair of deteriorated concrete surfaces in
the filter bays and replacement of the existing backwash
pump to accommodate the new filter media.
Amendment #1 to the CH2M Hill Service Authorization is in
the amount of $8,746.00 and includes required consultant
services for evaluation of rehabilitation needs regarding
the stated additional scope items, hydraulic and electrical
requirements for new backwash pump, technical specifications
for rehabilitation of expanded scope items, project cost
estimate and phasing alternatives and some minimal
construction inspection.
.
Funding for the additional services is from account
#442-5178-536-61.46, Renewal & Replacement, WTP Media
Replacement.
RCH: jem
c: William H. Greenwood
f: T/F City Manager
. .
CH2M HILL
SERVICE AUTHORIZATION 1.§.
DATE: Julv 13. 1995
PAGE.l.. OF .1
Amendment No.1 to the
Service Authorization No. 15 to the Agreement
for Engineering Services Between
the City of Delray Beach, Florida and CH2M HILL, Inc.
City P.O. No. 532792 City Expense Code: 442-5178-536-61.46
City P.N.:
Title: Filter System Evaluation
Category of Work: Professional Engineering Services - Study/Design
.
General
This SERVICE AUTHORIZATION AMENDMENT shall modify the professional services
agreement referenced above and shall become part of that AGREEMENT as if written there
in full. Changes in the indicated Scope of Services will be subject to renegotiation and imple-
mented through an Amendment to this agreement.
Introduction
This SERVICE AUTHORIZATION AMENDMENT is for performing sample corings of the
filter media in each of the CITY's gravity filters at the Water Treatment Plant (WTP),
specification of agitator system rehabiliation, specification of concrete repair and filter
painting, an analysis of several filter rehabilitation scenarios, an analysis of backwash pump
sizing and replacement, and specifications for a new backwash recovery pump.
Scope of Services
The CONSULTANT will provide specific services to the CITY in accordance with the
following task descriptions.
Task]
· Provide filter coring device and perform three in-place corings in each filter bay at
the WTP.
· Prepare technical specifications for filter agitator system inspection and repair or
replacement. Filter agitator system components include supply piping, wall
supports and anchor bolts; flange bolts; agitator sweeps and center bearing
assemblies; jet nozzles; and caps.
· Prepare technical specifications for concrete repair, surface preparation, priming,
and painting of filter basin walls and agitator supply piping with a potable grade
paint.
DFBIOOl46B9.DOC
CH2M HILL
SERVICE AUTHORIZATION ~
DATE: Julv 13. 1995
PAGE .l. OF .1
· Prepare technical specifications for replacing the existing backwash recovery
pump. Calculations will be made of the expected head and flow conditions.
· Prepare a unit price bid sheet for incorporation into the CITY's contract
documents.
· Provide a maximum of 12 labor hours for periodic site visits to review agitator
system repairs and 8 labor hours for periodic site visits to review backwash pump
installation.
· Prepare a detailed cost estimate for several filter rehabilitation alternatives.
· Prepare an alternatives analysis report for the rehabilitation of the filters and the .
backwash pump.
· Prepare a cost estimate for backwash pump modifications.
Assumptions
Unless indicated otherwise in this Amendment, all assumptions contained in the original
Service Authorization No. 15 will remain in effect.
. Electrical inspection services are not covered under the scope of this Service
Authorization.
Obligations of the City
During the completion of the tasks specified herein, the CITY will provide the following:
· Draining of selected filter bays based on predetermined and agreed upon schedule
· Reproduction, bidding, and execution of the Contract Documents
· Primary oversight of agitator system repair work
· Primary oversight of filter basin painting and concrete repairs
· Primary oversight of backwash pump installation
Compensation to the CONSULTANT
Compensation for professional consulting engineering services as described herein is estimated
at $8,746. Compensation for services shall be in accordance with Article vn.A.2 of the
AGREEMENT. Exhibit A attached presents a breakdown of the estimated labor and expense
charges per the Agreement.
DFBI 00 1 46B9.DOC
CH2M HILL
SERVICE AUTHORIZATION ~
DATE: Julv 13. 1995
PAGE.,¿ OF .J
Project Schedule
The CONSULTANT agrees to perfonn the services described herein within 60 calendar days
ITom receiving written authorization from the City, unless otherwise extended by the CITY.
This service authorization is approved contingent upon the City's acceptance of and
satisfaction with the completion of the services rendered in the previous phase or as encom-
assed by the previous service authorization. If the City in its sole discretion is unsatisfied with
the services provided in the previous phase or service authorization, the City may tenninate
the contract without incurring any further liability. The CONSULTANT may not commence
work on any service authorization approved by the City to be included as part of the contract
without a further notice to proceed.
.
Approved by:
CITY OF DELRA Y BEACH: L, me. (Corporate Seal)
Date: .
THOMAS E. LYNCH
MAYOR
Attest: STATE OF FLORIDA
COUNTY OF BROW ARD
The foregoing instrument as acknowledged
before me this 1ß. day of
Approved as to Legal ill5by John F. Curtiss, Ice resident,
Sufficiency and F onn Manager South Florida Operations, CH2M
HILL, Inc., a Florida corporation, on behalf
of the corporation. He is personally known
to ~~ did 1- tto an oath.
.. 1-1 }d1c.ð<f
Bobbie WiIco
Notary Public
State of Florida
(Seal)
~\ BOBBIE J. WILLCOX
.:it' COMMISSION" CC 483753
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9· II· - MEETING OF AUGUST 15, 1995
CONTRACT ADDITION (C.O. #13) WITH CHAZ EQUIPMENT
COMPANY, INC. FOR EMERGENCY REPAIR IN BASS CREEK
DATE: AUGUST 11, 1995
This is before the Commission to consider Contract Addition (C.O.
#13) to Chaz Equipment Company, Inc. for the removal and replace-
ment of an existing deteriorated 36" storm sewer pipe, within the
Bass Creek Subdivision. The deterioration of the line caused
infiltration of fill material into the pipe and caused the
surrounding area to erode, endangering adjacent houses.
One other bid in the amount of $28,500 was received from
Johnson-Davis, Inc. The amount bid by Chaz Equipment Company,
Inc. was $28,189. Funding is available from Other Contractual
Services (Account No. 448-5411-538-34.90) .
Recommend approval of Contract Addition (C.O. #13) to Chaz
Equipment Company, Inc. for emergency removal and replacement of
the 36" storm sewer pipe in the Bass Creek Subdivision.
Agenda Item No.: 911·
AGENDA REOUEST
Date: August 10, 1995
Request to be placed on:
--X-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: August 15, 1995
Description of item (who, what, where, how much): Staff reauests Citv Commission
to approve ~. Contract Addition (C.O. 113\ to Chaz Eauipment Companv. Inc. for
the emeraencv removal/replacement of an existina deteriorated 36" storm Sewer
Pipe. between lots 697 and 698. in the Bass Creek subdivision (proiect No.
92-02\. The deterioration of the line has caused infiltration of fill material
into the pipe and caused the surroundina areas to erode . endanaerina adiacent
houses.
The price from Chaz included all labor. eauiPment and materials to
remove/replace the pipe. dewaterina. bv-pass pumpina. traffic maintenance and
surface restoration to a like or better condition.
The amount of Contract Addition (C.O. #13\ is for S28.189.00. One other bid was
received bv Purchasina for this work. A price of S28.500.00 was received from
Johnson-Davis. Inc. Fundina for Contract Addition (C.O. 113\ is from
448-5411-538-34.90. Other Contractual Services for S28.189.00.
ORDINANCE/RESOLUTION REQUIRED:
Recommendation: Staff re
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review ~ired on all items involving expenditure of funds):
Funding available: YE /NO
Funding alternativ ~i~a~ ~
Account No. . De.~tion44X'-9ItI-'S~. ~, \)\1U/ vy .' ,
Account Balance 1. S?J
City Manager Review:
Approved for agenda: ~/NO r~1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File:AG202810.MRM
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: D~n Beat~y, P.E~~
C1ty Eng1neer -
DATE: August 10, 1995
SUBJECT: Road Reconstruction Plan (Projects East of the
Intracoastal Waterway) Project No. 92-02
Contract Addition (C.O. #13) to Chaz Equipment
Co. , Inc.
Attached is an Agenda Request for Commission approval of
Contract Addition (C.O. #13) to Chaz Equipment Co., Inc. on
the above referenced project. It is for the
removal/replacement of an existing deteriorated 36" storm
sewer pipe, between lots 697 and 698, within the Bass Creek
Subdivision (see attached map). The deterioration of the
line has caused infiltration of fill material into the pipe
and caused the surrounding area to erode endangering
adjacent houses.
The price from Chaz includes all labor, equipment and
materials to remove/replace the pipe, dewatering, by-pass
pumping, traffic maintenance and surface restoration to a
like or better condition.
The amount of this Contract Addition is $28,189.00. One
other bid was received by Purchasing for this work. A price
of $28,500.00 was received from Johnson-Davis, Inc.
Funding is available from 448-5411-538-34.90, Other
Contractual Services, $28,189.00.
DB:mm
cc: William H. Greenwood, Dir. of Environmental Services
Howard Wight, Dep. Director of Construction
Dick Hasko, P.E., Deputy Director of Public utilities
Mike Offie, Supt. Water/Sewer Network
File: Memos to City Manager
DB202810.MRM
,
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CONTRACT ADDITION
CHANGE NO. 13 PROJECT NO. 92-02 DATE:
PROJECT TITLE: Roadwav Reconstruction Plan (proiects East of the Intracoastal Waterway)
TO CONTRACTOR: Chaz Eauinment Company, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Replace existing 36" storm sewer pipe, between lots 697 and 698, in the Bass Creek
Subdivision (see attached location map) . Chaz Equipment, Inc. to complete the
installation; including, but not limited to clearing/pavement removal, excavation,
wellpoint dewatering, removal and disposal of existing pipe, by-pass pumping, traffic
maintenance and surface restoration to a like or better condition.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,349,381. 45
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 575,353.50
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,998,641.39
COST OF CONSTRUCTION CHANGES THIS ORDER $ 28,189.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2,026,830.39
PER CENT INCREASE THIS CHANGE ORDER 2.1%
TOTAL PER CENT INCREASE TO DATE 44.4%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate
CHAZ EQUIPMENT COMPANY, INCORPORATED
(Sign and Seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 442-5178-536-61.84
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
William H Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
F i l e: C0202811.MRM
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RECE\VED ~
MEMORANDUM AUG \ 0 1995
MEMO TO: David T. Harden. City Manager ~ - -.. ,,' , :..
FROM: Richard W. Corwin, Deputy Director of lic Works
DATE: August 9, 1995
SUBJECT: BASS CREEK EMERGENCY STORM SEWER REPAIRS
There is a utility easement for our storm sewer on Fulmar Drive
in Bass Creek that is located between two homes with swimming
pools. The existing 135 ft. of 36 inch corrugated pipe has
deteriorated and crushed creating potholes in the yards. These
potholes are in close proximity to the two swimming pools. If we
do no t make immediate repairs, there exists the possibility of
pool damage. Rather than chance further deterioration, I
recommend replacing the pipe immediately with concrete pipe.
.
Chaz Equipment Co. is currently under contract to make repairs on
sanitary lines for the Utilities Division. Their estimate for
this project is $28,189. Johnson and Davis submitted a quotation
for $28,500.
I recommend Chaz Equipment because of the lower quotation, they
are on site and can proceed immediately to make repairs. This
estimate includes removal and replacement of the existing
sidewalks and the removal of vegetation.
ôO
We are transferring $18,937.57 from Account #448-5411-538-31.~-
Other Professional Services to Account #448-5411-538-34.90 -
Other Contractual Services, to fund this repair.
With your approval we will proceed with the project .
RC/sdl
cc: Robert Barcinski, Assistant City Manager
REF: RC 80995A.MEM
.
·
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: JOE SAFFORD
DIRECTOR OF FINANCE
FROM: DAN BEATTY, P.~
CITY ENGINEER ~~
DATE: AUGUST 9, 1995
SUBJECT: LIQUIDATION OF FUNDS
P.O. NUMBER 512793
- - - - - ~ - ~ - - - - - - - - - - - - - - - - - - - - - - - - -
On September 29, 1992 Service Authorization No. 11 was approved
to Hazen & Sawyer, Inc. in the amount of $ 35,000.00 for general
consulting services relating to the National Pollutant Discharge
Elimination System. Subsequently P.O. Number 512793 was issued
for the $ 35,000.00. The total amount of work completed under
this service authorization is $ 16,062.43 with the last invoice
on July 21, 1993. Please liquidate the remaining $ 18,937.57 on
this P.O. as there will be no additional work under this service
authorization. Also, attached is a budget transfer for the
$ 18,937.57. Thank you.
DB:kt
Encl.
cc: Scott Solomon, Supt. of Streets
File: Memos to Joseph Safford, Director of Finance
DBJS89.KT
/
, . ()!{
RECE\VED t4
MEMORANDUM AUG , 0 \995
MEMO TO: David T. Harden. City Manager ~ . -" "" ic:.
FROM: Richard W. Corwin, Deputy Director of lic Works
DATE: August 9, 1995
SUBJECT: BASS CREEK EMERGENCY STORM SEWER REPAIRS
There is a utility easement for our storm sewer on Fulmar Drive
in Bass Creek that is located between two homes with swimming
pools. The existing 135 ft. of 36 inch corrugated pipe has
deteriorated and crushed creating potholes in the yards. These
potholes are in close proximity to the two swimming pools. If we
do not make immediate repairs, there exists the possibility of
pool damage. Rather than chance further deterioration, I
recommend replacing the pipe immediately with concrete pipe.
Chaz Equipment Co. is currently under contract to make repairs on
sanitary lines for the Utilities Division. Their estimate for
this project is $28,189. Johnson and Davis submitted a quotation
for $28,500.
I recommend Chaz Equipment because of the lower quotation, they
are on site and can proceed immediately to make repairs. This
estimate includes removal and replacement of the existing
sidewalks and the removal of vegetation.
We are transferring $18,937.57 from Account #448-5411-538-31.90 -
Other Professional Services to Account #448-5411-538-34.90 -
Other Contractual Services, to fund this repair.
With your approval we will proceed with the proj ect .
RC/sdl
cc: Robert Barcinski, Assistant City Manager
REF: RC 80995A.MEM
..'
M E M 0 RAN D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~t
SUBJECT: AGENDA ITEM :I ~:z:. - MEETING OF AUGUST 15. 1995
APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD
DATE: AUGUST 10, 1995
The term of Richard Sheremeta (engineer) will expire on August 31,
1995. Mr. Sheremeta was appointed to his initial term in August,
1993. He is eligible and would like to be considered for
reappointment. The attendance record is attached.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
In addition, one member of the board shall be a registered
architect or a registered civil engineer. The term is for two (2 )
years, beginning September 1, 1995, and ending August 31, 1997.
The following individuals have submitted applications for the
position of architect/engineer:
John G. Baccari
Richard Brautigan
Gary Eliopoulos
Henry Heller
David Martin
Richard Sheremeta (incumbent)
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The appointment will be made by Commissioner Smith (Seat #1).
Recommend appointment of a member (architect/engineer position) to
the Site Plan Review and Appearance Board to a term ending August
31, 1997.
ref:agmemo1
,
SITE PLAN REVIEW AND APPEARANCE BOARD 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
Patty M. Andrews PIp pIp PIP pIp PPP pIA P
Richard Mouw PIP PIP EIP PIP PPP pip P
Charles Toth PIP' PIp PIP AlA PPP piP P
Daniel T. Carter PIP PIE PIP , pIp PPP pip P
Mark Little PIP P!P PIP Alp PPP PIP P
Richard Shererneta Pip PIP PIP PIP PPP Alp P
John Weaver Pip PIP PIP PIA PPP pip resj gned
.
.
.
,
"
. '. -
..
SITE PLAN REVIEW AND APPEARANCE BOARD 1994
)
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
!
Gene D. Fisher AlP pIp pIp PIp Ex/p PPP pIp AlP Of Bo rd
Richard Mouw pIp pIp pIA Ex/p pIp ExPP pIp PIP PIP PIE> PIp PIP
Richard Sheremeta PIP pIA pIp pIp plEx PPEx PIP PIP PIp PIE> pip PIP
< ,
I Jess Sowards PIP Alp pIp pIp plEx PPP pIp PIP Of BOé rd
!
¡Debora Turner Oster PIP PiA pIp Ex/p pIp PPEx PIP PIP Of BOé rd
;
¡John Weaver PIP pIp pIp Ex/p pIp PPP PIE'}/, PIP PIP pip PIP P/Ex
I
! Mark Little PIP pip pIP p/Ex pIp PPP PIP ~ PIP PIP pip PIP Pip .
I .
Patty M. Andrews ( ppnt 8/9~) ~ PIP Ex/F PIP PIP
! Charles Toth ( ppnt 8/9~ PIP pip P/Ex P/Ex
Daniel Carter ( ppnt 9/9~) P piP PIP PIP
I
J
¡
.
atten.doc
)
·
..
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ c¡ J - MEETING OF AUGUST 15, 1995
APPOINTMENT TO THE HISTORIC PRESERVATION BOARD
DATE: AUGUST 10, 1995
At the August 8th regular meeting, Commissioner Ellingsworth
appointed Betty Diggans to the Historic Preservation Board for a
two year term beginning September 1, 1995, and ending August 31,
1997. Ms. Diggans has advised that she must decline the
appointment at this time. In view of this, there remains a vacancy
on the Historic Preservation Board.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
Also, they shall have knowledge, experience, judgment and
background, with personal or professional interest or experience in
historic restoration and preservation. They will have the ability
and desire to act in the public interest and represent, insofar as
possible, the various personal and professional interests required
to make informed and equitable decisions concerning the
preservation, conservation and protection of historic districts and
structures. The term is for two (2 ) years, beginning September 1 ,
1995, and ending August 31, 1997. The list of applicants is
attached.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The appointment will be made by Commissioner Ellingsworth (Seat
#3) .
Recommend appointment of a member to the Historic Preservation
Board to a term ending August 31, 1997.
ref:agmemo2
.
Appointment to the Historic Preservation Board
City Commission Regular Meeting of August 15. 1995
The following persons have submitted applications for your
consideration:
Bonnie Ansbacher (also applied for SPRAB)
Janet Baron (also applied for BOA)
Richard Brautigan (also applied for SPRAB and BOA)
Robert Brewer (also applied for SPRAB)
Ronald Brito (also applied for P&Z, SPRAB, BOA and BCA; owns
property in Delray Beach)
David I. Cohen (has applied for any board)
Frank Comisso (also applied for P&Z)
Anthony Damiano (also applied for P&Z)
Joseph Farkas (also applied for P&Z)
Alice Finst
John L. Frysinger
Louis G. Glesmann, III (also applied for SPRAB)
Patricia Healy-Golembe
Susan Hurlburt
Rebecca Jennings
Marjorie Miller
Frank A. Rozzo
Thuy Shutt (also applied for SPRAB)
.
HISTORIC PRESERVATION BOARD 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
James "Buck" Miller P PIP PIP pip piP P P
EIP PIP pIp A/A :
Betty P. Devitt P resi ned
Vera R. Farrington P - PIE Elp pIP AlP P P
Julie Morgan P E/P pip Alp piP A P
Charles Williams E E/P pip AlP PiA P P
John Vaughn P PIE pIp pIp pIA P P
Cecil "Sandy" Jamison P PIP pip pIA pIP A P
John Johnson (appnt 6/95) P .
.
.
."
.
.
"
. '. ..<0
1994
.
HISTORIC PRESERVATION BOARD
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
I . ì
I
Marjorie A. Miller : P . AlP Pip PIP RE~ IGNE1 I I
I 0
Sandy Jamison p Alp pip ,. piP Ex/l P A/P P I Þ PIP iP/Ex
..
.'
Charles Williams P pip Alp Ex/F pip P PIP I P ! P PIP ¡PIP
I i
John Vaughn P PIP PiA piP pip P PIp P , Ex PIP Exlp
I
Christine B. Bull P piP Pip PIEx piP P PIP of-i; Boarti
i
Daniel H. Carter p pIA pIp ê pIp P!P P PIP Offl Boarh
~
~ I
Qí .
James "Buck" Miller P pIp pip· p!p PIP Ex PIP P P PIP PIP .
::E:
Julie Morgan (appnt 8/94 0 P I P PIP PIP
z I
Vera Farrington (ap nt 8 94) P ! P PIP PIEx
Betty P. Devitt (ap nt 81 94) P Ex PIA PIP
!
I
I
at ten. doc
qjG. 15.1995 lØ:03~~ ~ 1
. " ¡:'RJ'1 : GR I ~4G:....E WHERry WHEAT REAL TORS PHONE NJ. : 407 278 85gB
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GRlNGLE, DOHERTY & WHEAT, INC. I
REALTORS
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DATE: f /111'5
,
.
TIME: /0 It- Jf1
FAX N: (407)278--8688
TO: : ·.Ia.-r ~
COMPANY:
FAXj= ! PHONE .:
COMMENTS:
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TOT AL PAGES S~'T / (INCLUDING COVER PAGE)
..
·
M E M 0 R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 0fl1
SUBJECT: AGENDA ITEM # 91(· - MEETING OF AUGUST 15. 1995
APPOINTMENTS TO THE BOARD OF ADJUSTMENT
DATE: AUGUST 10, 1995
The terms of Cheryl Lee-Bennett and Robert Puzey as regular members
on the Board of Adjustment will expire on August 31, 1995. Ms.
Lee-Bennett was appointed to her initial term in August, 1993. She
is eligible and would like to be considered for reappointment. At
the August 8th regular meeting I Mr. Puzey was appointed to the
Planning and Zoning Board by Dr. Alperin. In addition, C. Lee
Wilder, Jr. was reappointed as an alternate member on the Board of
Adjustment by Dr. Alperin on August 8th. Mr. Ellingsworth
postponed his appointment of an alternate member to the August 15th
regular meeting, along with Mrs. Smith's appointment of a regular
member. The attendance record is attached.
To qualify for appointment, a person shall either be a resident of
or own property in the city, and/or own a business within the city.
The term is for two (2 ) years, beginning September 11 1995, and
ending August 31/ 1997. The list of applicants is attached.
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The appointments will be made by Commissioner Smith (Seat #1) for a
regular member, and Mr. Ellingsworth (Seat #3) for an alternate
member.
Recommend appointment of a regular member and an alternate member
to the Board of Adjustment to terms ending August 31/ 1997.
ref:agmem03
- .
Appointments to the Board of Adjustment
City Commission Regular Meeting of August 15. 1995
The following persons have submitted applications for your
consideration:
Donald Allgrove
John G. Baccari
Janet Baron
Richard Brautigan
Ronald Brito
David I. Cohen
Anne Hoctor
Russell B. Jennings (incumbent/alternate member)
Leo Koppman
Cheryl Lee-Bennett (incumbent/regular member)
Janet Phipps
Benjamin F. Ricker, III
Sidney Soloway
William Stone
Leonard Syrop
.
-
,
BOARD OF ADJUSTMENT 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oet Nov Dee
Michael G. Park p
Robin Bird p
Earl R. Hahn P
Robert Puzey Ex
Cheryl Lee-Bennett p
:
Alternates
C. Lee Wilder, Jr. Ex
Russell Jennings Ex
.
.
-
.
.
BOARD OF ADJUSTMENT 1994
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
Robert Puzey P P P Ex P I P ¡ p-
Michael Eisenrod . p P P P P I Off ~oard ,
Cheryl Lee-Bennett A P .Ix P P P P
Michael G. Park P P P P I P P P
J Jon Levinson P p P Ex I P Off } oard
,
eg E p P P P P I
Robin Bird (appnt /94 !
; Earl R. Hahn (appnt B/9~) p Ex
.'
!
I
¡
Alternates ¡
! \
Lee Wilder (appnt ':5/94) ¡ P
I
Russell Jennings ( ppnt B/9L) p \
I
] ~
! ¡
I I I i
I
,;- . i
atten.doc
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'Jt1
SUBJECT: AGENDA ITEM i 91- - MEETING OF AUGUST 15. 1995
APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS
DATE: AUGUST 10, 1995
The term of John Henderson (general contractor) on the Board of
Construction Appeals will expire on August 31, 1995. Mr. Henderson
was appointed to his initial term in August, 1993. He is eligible
and would like to be considered for reappointment. The attendance
record is attached.
To qualify for appointment, a person shall have actual previous
experience in their respective trade or profession deemed
sufficient by the Commission. Residency is not required. The term
is for two (2 ) years, beginning September 1, 1995, and ending
August 31, 1997.
The list of applicants for the general contractor position is as
follows:
Ronald Brito
John Henderson (incumbent)
Dominick Sarlo
Leonard R. Sheppard
Pursuant to Commission direction, a check for code violations and
municipal liens has been conducted. There are none.
The appointment will be made by Commissioner Smith (Seat #1).
Recommend appointment of a member (general contractor position) to
the Board of Construction Appeals to a term ending August 31, 1997.
ref:agmem04
.
,
BOARD OF CONSTRUCTION APPEALS 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Daniel T. Davis P
Arthur King P
Michael Kilbourne p
Murray Gold p
Joseph Pike p
John Henderson Ex
Daniel T. Hess Ex
Roy M. Simon p .
.
Donald MacLaren Ex
.
(
.'
.
BOARD OF CONSTRUCTION APPEALS 1994
Jan Feb Mar Apr May Jun Ju1 Aug Sep Oct Nov Dec
John Gwynn A p I Off boar
- !
William Koch, III P P Off boar
Richard Morris P p Off boar
j Arthur King P p P P
,
Roy Simon P Ex P P
Mark Little (resi ~ned)
Daniel P. Hess P . P P P .
.
John Henderson P P Ex P :
Joseph Pike P P Ex P !
I
!)on MacLaren P P P P
Murray Gold (appnt 8/94 P P
i
Daniel T. Davis (a g/94) P I
pnt P !
Michael Kilbourne appn 8/9 þ) P P
.
¡ : i
atten.doc.
. .
[IT' OF DELRA' IEA[H
DElRA Y BEACH
f LOR lOA
tw.e.d 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000
AlI·America City
, III I! MEMORANDUM
1993
DATE: August 11, 1995
TO: City Commission
FROM: David T. Harden, City Manager
SUBJECT: Bid Award for Police Uniforms
Attached is the bid tabulation, staff recommendation, and specifications for the Police
uniform bid. As you can see, the Police Department has recommended awarding to
Harrison Uniform Company. This recommendation has been concurred in by Purchasing
and by the City Attorney's office because none of the other bidders bid the light weight
pants called for in the specifications.
When we have six bids submitted by five different companies, I am loathe to recommend
awarding the bid to the high bidder. Unfortunately, the second highest bidder states that
he thought the weight of pants specified was a typographical error. This is
understandable since the detail specifications which begin on page 10 of the invitation to
bid contain innumerable typographical errors. Nevertheless, the vendor should have
inquired and not made assumptions about what we wanted.
I have inquired of the City Attorney's office whether we could split the award, rather than
buying everything from the highest bidder. The City Attorney's office advises that given
the way the invitation to bid is written, that splitting the bid would not be possible. I am
also concerned that the specifications are written in minute detail based on Harrison
Uniform's specifications. Our specifications are not performance specifications, they are
detailed technical specifications.
The City Commission would be on sound legal grounds to award the bid to Harrison
Uniforms. Another factor to consider is that Harrison Uniforms is the only bidder located
in Palm Beach County and they have given us excellent service when they have had had
our contract from time to time. Nevertheless, my recommendation would be to reject all
bids again and allow us to completely rewrite the specifications and solicit new bids.
DTH/mld
@ THE EFFORT ALWAYS MATTERS 9.11·
on ReClcled Papor
. .
Agenda I tern No. : 911-
AGENDA REQUEST
Date:
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: August 01, 1995
Description of agenda item (who, what, where, how much):
Bid Award - Bid #95-48 Purchase of Uniforms For Police Department.
Award To Harrison Uniforms at estimated annual cost of $42,710.75.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Harrison Uniforms at an estimated annual cost
of $42,710.75.
Fund in From Police De artment's
pepart,ment Head
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
~ Funding available, ~ NO
. Funding alternative,. '1~ .f~~WJ!ilt¡L
Account No. & Descr~pt~on: l/ trL
Account Balance: ~
City Manager Review: t/01
~~'""
Approved for agenda: ~/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
, .
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Joseph Safford, Finance Director
FROM: Jacklyn Rooney, Senior Buyer
DATE: July 26, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 01, 1995 - BID AWARD - BID #95-48
PURCHASE OF UNIFORMS FOR POLICE DEPARTMENT
Item Before Commission:
The City Commission is requested to approve the award for the purchase of
uniforms for the Police Department to Harrison Un iforms, the most
responsible, responsive bidder meeting all specifications and
requirements, at an estimated annual cost of $42,710.75.
Background:
Bids were received on July 10, 1995, from five (5) vendors all in
accordance with City's purchasing procedures. (Bid #95-48 on file in the
Purchasing Office.) A tabulation of bids is attached for your review.
The bi d specifications clearly states tha t the Bidder sha 11 submit with
their bid submittal a sample of uniforms they were bidding on, and if
offering alternate or equal product, they sha 11 include a detailed listing
of variances.
The Police Department and City Attorney's Office have reviewed the bids,
exceptions to the specifications, and samples provided, and recommend
award to Harrison Uniform Company, per attached memos.
Recommendation:
Staff recommends award to Harrison Uniform Company at an estimated annual
cost of $42,710.75. Funding from department's various operating budget.
Attachments:
Memo From Delray Beach Police Department
Memo From City Attorney's Office
Tabulation of Bids
cc: David Junghans, Administrative Officer
.
.
TABULATION OF BIDS
CITY OF DELRAY BEACH
BID 1195-48
PURCHASE OF UNIFORMS - POLICE DEPT.
Item Description Qty. Gold Nugget d/b/a Lou's Gunshop And Lou's Gunshop And
II Argo Uniform Co. Inc. Police Supply Police Supply
1. Short Sleeve Shirt:
(a) Male 600 17.93 / 10,758.00 18.30 / 10,980.00 21.00 / 12,600.00
Oversizes 50 21. 52 / 1,076.00 22.85 / 1,142.50 25.06 / 1,253.00
(b) Female 70 17.93 / 1,255.10 18.85 / 1,319.50 20.88 / 1,461.60
Oversizes 20 19.72 / 394.40 22.62 / 452.40 25.06 / 501. 20
2. Long Sleeve Shirt:
(a) Male 310 21. 46 / 6,652.60 22.02 / 6,826.20 24.80 / 7,688.00
Oversizes 30 23.61 / 708.30 26.40 / 792.00 27.50 / 825.00
(b) Female 35 21. 46 / 751.10 22.02 / 770.70 24.80 / 868.00
Oversizes 10 23.61 / 236.10 26.40 / 264.00 27.50 / 275.00
3. Trousers: 20.60 / 5,150.00 21. 90 / 5,475.00
(a) Male 250 19.93 / 4,982.50 .
I
Oversizes 20 21. 92 / 438.40 23.75 / 475.00 24.20 / 484.00
(b) Female 35 19.93 / 697.55 20.60 / 721. 00 21. 00 / 735.00
Oversizes 10 21. 92 / 219.20 23.75 / 237.50 24.20 / 242.00
4. Police Uniform Jacket:
. 55 93.00 / 5, 115.00 90.00 / 4,950.00 90.00 / 4,950.00
Oversizes 5 102.30 / 511. 50 108.00 / 540.00 108.00 / 540.00
GRAND TOTAL BID $ 34,620.80 $ 37,897.80
$33,795.75
Comments/Exceptions: Elbeco IIZ3314-3 III & 2 - Clifton
Horace Small 11909 113 - SWS Elbeco
Fechheimer 1158120 114 - Elbeco
Samples Submitted Samples Submitted
No Detailed Specs. No Detailed Specs.
Submitted with bid. Submitted with Bid.
. ,
.
TABULATION OF BIDS
CITY OF DELRAY BEACH
BID 1195-48
PURCllASE OF UNIFORMS - POLICE DEPT.
Item Description Qty. .T.R. Manno Uniforms Concept One Police Harrison Unifrom CO.
I! Inc. Supply, Inc.
1. Short Sleeve Shirt: 21.95 / 13,170.00 21.00 / 12,600.00 22.85 / 13,710.00
(a) Male 600
Oversizes 50 24.14 / 1,207.00 23.00 / 1,150.00 22.85 / 1,142.50
(b) Female 70 21. 95 / 1,536.50 21. 00 / 1,470.00 22.85 / 1,559.50
Oversizes 20 24.14 / 482.80 23.00 / 460.00 22.85 / 457.00
2. Long Sleeve Shirt:
(a) Male 310 23.95 / 7,424.50 23.00 / 7,130.00 .24.85 / 7,703.50
Oversizes 30 26.34 / 790.20 25.00 / 750.00 24.85 / 745.50
(b) Female 35 23.95 / 838.25 23.00 / 805.00 24.85 / 869.75
Oversizes 10 26.34 / 263.40 25.00 / 250.00 24.85 / 248.50
3. Trousers: 21. 00 / 28.90 / 7,225.00
(a) Male 250 22.95 / 5,737.50 5,250.00
,
Oversizes 20 25.24 / 504.80 23.00 / 460.00 28.90 / 578.00
(b) Femal~ 35 22.95 / 803.25 21. 00 / 735.00 28.90 / 1,011. 50
Oversizes 10 25.24 / 252.40 23.00 / 230.00 28.90 / 289.00
4. Police Uniform Jacket: 110.00 / 6,050.00 118.85 / 6,536.75
. 55 55.95 / 3,077.25
Oversizes 5 61. 54 / 307.70 121. 00 / 605.00 118.85 / 594.25
GRAND TOTAL BID $ 36,395.55 $ 37,945.00 $ 42,710.75
Comments/Exceptions: : Southeastern Shirt Co. Liberty 761 MNV - Long Fechheimer 12020,
Horace Small Mfg. Co. Sleeve Shirt, Liberty 12021, 12030, 12000,
909 Pants 771MNV - Short Sleeve 12010, 12001, 34200,
Chill Chaser Jacket Shirt 34250. 58120, 32740
Samples Submitted Fechheimer 3900/3933 - Samples Submitted.
Detailed SpecificationE Navy Trousers Detailed Specs.
Submitted with bid. Fechheimer Ultra 2000 Submitted with bid.
- Jacket
Fechheimer 32740 - Liner
Samples Submitted
Detailed Specs. Submitt-
ed with bid.
, i
!
.
O;l:!I)/H5 II'E1> 09:1)7 FAX 407 :!78 4755 DEL BCn Cn: A'fTY [4J oo~:
.
£ITY OF DELRAY IEA[H
'.".
CITY ATTORNEY'S OFFICE 200 NW hi AVENUE' DELRAY BEACH. FLORIDA 33444
FAC$IMILE 407/nS.4755 writer's Dit~ct Lille:: (407) 243-709l
DELRAY BEACH "e
r 1 0 . I J) A
..... l\iEMORANDUM
AII·Amerlca Cia,
, , III! DA 1t July 26, 1995
1993 TO: Jackie Rooney, Seruor Buyer
{\-~~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Uniform Bid Contract for Police Department
I have received the catalog specifications sent by the Police Department and it appears that
Harrison Uniform Co. is the only bidder to offer the pants in the material weight requested
on the bid documents by the Police Department specifications.
cc: David Junghans
@ Printed ()f1 Recycled P¡~I'Qr
.
DElRAY BEACH
F l 0 . I 0 "-
Delray Beach Police Department Dad
All-America City
300 West Atlantic Avenue · Del ray Beach, Florida 33444-3695 , , III!
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
':" ..
. ¡('
TO: City Manager David T. H
THRU: Finance Director
FROM: Captain Alberto M. Melis
Acting Chief of Police
DATE: July 24, 1995
SUBJECT: POLICE UNIFORM BID
The Department has reviewed the five (5) bids submitted for consideration to the City.
The Department has selected Harrison Unifonn Co. as the only company meeting all the
requirements of the bid specifications.
In every case the other four (4) bidders failed to bid the type of pants, male and female,
the Department specified in the bid package. Our requirements clearly call for an 8 to 8
1/2 ounce liner yard pant, page 14, paragraph 1. Harrison Unifonns is the only vendor
who bid the pants we require.
Should you or any member of your staff have any questions, please contact David
Junghans, x7852.
DJ/ppt
,
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CITY MM" --.....C' nrFICE
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,
,
. INVITATION TO BID
CITY OF DELRA Y BEACH
PURCHASING OFFICE /
100 NORTHWEST FIRST AVENUE
DELRAY BEACH, FLORIDA 33444
(407) 243-7163
---------------------------------------------------------------------
BID NO. 95-48 DATE: June 23, 1995
PURCHASE OF UNIFORMS FOR POLICE PEP ARMENT
---------------------------------------------------------------------
BIDS MUST BE RECEIVED ON OR BEFORE Monday, July 10, 1995 PRIOR TO 3:00 PM at: which
ti~ all bids viii be publicly opened and read. .
INVITATION TO BID
This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions,
Specifications, Addenda and/or any pertinent document form a part of this bid and by reference
are made a part thereof.
PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or
services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY.
SEALED BIDS: Sealed bids wi II be received in the Purchasing Office untf f the date and time as
Indicated above. Bids will be opened publicly in City Hal I and al I bidders and general public
are invited and encouraged to attend. All bids sha I I be submitted in sealed envelopes, mai led
or de II vered to the City of Delray Beach, Purchasing Office, 100 Northwest First Avenue,
De I ray Beach, Florida 33444. Outside of envelope shall plainly Identify bid by: BID NUMBER,
TITLE, AND DATE OF BID OP E N I NG . It Is the sole responsibi lity of the bidder to ensure that
his or her bid reaches the Purchasing Office on or before the closing date and hour as shown
above. RETURN ONE COpy OF ALL BID SHEETS. Any failure on the part of the supplier to comply
with the ensuing conditions and specifications shal I be reason for termination of contract.
CI1Y'S ACCEPTANCE: Unless otherwl se specified herein, the bidder will allow a m i n I mum of
sixty (60) days from the last date for receiving of bids for acceptance of Its bid by the City
Manager and/or City Commission.
AWARD: The City reserves the right to waive minor variations to specifications, Informalities,
Irregularities and technicalities in any bids, to reject any and all bids In whole or In part
wi th or without cause and/or to accept bids that in i t5 judgement wi II be for the best
Interest of the City, as further stated in paragraph 16 of General Conditions.
.
.
GENERAl cotI)ITIONS, INSTROCTIONS NI.) INFORMATION FOR BIOOERS
1. SUBM I SS I ON AND RECE I PT OF BIDS:
a. Bids, to receive consideration, must be received prior to the specified time of
opening as designated in the Invitation.
b. Unless otherwise Å¡pecified, bidders MUST complete all questions and pr ice blanks in
the spaces provided In this Invitation To Bid. Fai lure to do so may cause your bid
to be rejected. However, you may attach supplemental information.
c. Bids having any erasures or corrections MUST be initialed by bidder In Ink. Bids
sha II be signed in ink. All pr Ices sha II be typewritten or filled in with pen and
Ink.
d. All bids MUST be signed with the firm name and by an officer or employee having the
authority to bind the company or firm by his/her signature.
2. QUANT I TIES OR USAGE:
Whenever a bid Is so I I cited seeking a source for a specified time for materials or .
services in the quantities or usage shown, these quantities are estimated only. No
guarantee or warranty is given or implied by the City of Delray Beach as to the total
amount that mayor may not be purchased from any resulting contracts. These quantities
are for bidders' Information only and wi I I be used for tabulation and presentation of bid.
3. PRICES:
a. Bidder warrants by vi rtue of bidding that prices, terms, and conditions quoted In
his bid will be firm for acceptance for a period of sixty (60) days from the date of
operlng unless otherwise stated by the City or bidder.
b. Prices should be stated in units of quantity specified in the bidding
specifications. In case of discrepancy in computing the amount of the bid, the unit
prices quoted wi I I govern.
c. Consideration In awarding bids for ter. contracts wi II be given first to bidder
offering firm prices subject to market price reduction and second to bidder offering
firm prices for full contract period. If at any time during the period of this
contract, the City of Delray Beach Is able to purchase the Items and/or services at
prices less than our contract price, the successful bidder shall meet these prices
and In the event of his fal lure to do so, the City of Delray Beach may negotiate for
a new contract on the open market.
d. The City reserves the right to purchase items on state contract if such Items can be
obta i ned on the same terms, conditions, specifications and I n the best Interest of
the City.
e. Bidders may offer a cash discount for prompt payment. However, such discounts will
not be considered In determining the lowest net cost for bid evaluation purposes.
Bidders should reflect any discounts to be cons I dered in the bid evaluation In the
unit prices bid.
... DEL IVERY:
a. All Items sha II be de livered F.O.B. destination, and delivery costs and charges
Included In the bid price. Fai lure to do so may be cause for rejection of bid.
b. Time will be of the essence for any orders placed as a result of this bid.
Purchaser reserves the right to cancel such orders, or any part thereof, without
obligation if delivery is not made at the time(s) specified on bid form.
2
.
,
.
5. BRAND NAMES:
If and whenever in the specifications a brand name, make, name of any manufacturer, trade
name, or vendor catalog number Is mentioned, it is for the purpose of estab Ii shi ng a
grade or qua I I ty of material only. Since the City does not wish to rule out other
competition and equal brands or make, the phrase OR EQUAL Is added. However, If a
product other than that specified is bid, It is the vendor's responsibility to name such
product within his bid and to prove to the City that such product is equal to that
specified.
6. QUALITY:
All materials used for the manufacture or construction of any supp II es, materials, or
equipment covered by this bid shal I be new. The items bid must be new, the latest model,
of the best quality, and highest grade workmanship.
1. SAMPLES:
Samples, must be furnished at the bid opening, free of expense to the CI ty and if not
used In test i ng or destroyed, wi II upon request wi th i n thirty (30) days of bid award be
returned at bidder's expense. rAILURE TO PROVIDE SAMPLES WILL NECESS IT ATE IN THE
DISQUALIFICATION OF YOUR BID. .
8. ACCEPTANCE:
The mater I al de I I vered under this proposal sha II remain the property of the seller until
a physical inspection and actual usage of this material and/or service Is made and
thereafter accepted to the satisfaction of the City and must comply with the terms
herein, and be fully In accord wi th specifications and of the highest qua I I ty. In the
event the material and/or services supplied to the City is found to be defective or does
not conform to specifications, the City reserves the right to cancel the order upon
written ~otice to the seller and return product to seller at the seller's expense.
9. DEFAULT PROVISION:
In case of default by the bidder or contractor, the City of Defray Beach may procure the
article or services from other sources and hold the bidder or contractor responsible for
any excess costs occasioned or incurred thereby.
10. COPYRIGHTS OR PATENT RIGHTS:
Bidder warrants that there has been no violation of copyrights or patent rights In
manufacturing, producing, or se II i ng the goods shipped or ordered as a result of this
bid, and se Iler agrees to hold the City harmless from any and all I I ab I Ii ty, loss, or
expense occasioned by any such violation.
11. COMPLIANCE WITH SAFETY STANDARDS:
a. All equipment, machinery, electrical appliances, cords and apparatus shall comply
with all provisions of the Florida State Safety Standards.
b. Whenever a bid Is sought and services secured for any type of on-site construction
the awarded bidder sha II remove from the work site at the end of each working day
all rubbish and waste debris resulting from his operations. The awarded bidder
sha II also secure the work site before leaving at the end of each working day.
3
.
.
12. MANUfACTURER'S CERTifiCATION:
The City of Delray Beach reserves the right to request from bidders separate manufacturer
certification of al I statements made In the proposal.
13. SIGNED BID CONSIDERED AN OFFER:
This signed bid shall be considered an offer on the part of the bidder or contractor,
which offer shall be deemed accepted upon approval by the City Manager and/or City
Comml ss i on of the City of Del ray Beach and in case of default on the part of the bidder
or contractor after such acceptance, the City of Delray Beach may take such action as It
deems appropriate Including legal act~on for damages or specific performance.
14. LIABILITY, INSURANCE, LICENSES AND PERMITS:
a. PERMITS: Where bidders are required to perform work on City structure(s) or property
as a result of bid award, the City wi II waive the cost for permits. Contractor
shall pay for permits for al I other work.
b. LI CENSES: If you are not , I censed to perform work in the City of Derlay Beach you
MUST obtain an Occupational License before a notice to proceed wi I I be issued.
c. LIABILITY INSURANCE: The CI ty prefers the insurance and bonding companies have a
BEST Rating no less than A-, VII or better. If you have any questions regarding the .
City's Insurance and/or Bond requirements, PJease contact the City's Risk Management
Office at (407) 243-7150. See page(s) n a for Insurance Requirements. A
"sample" certificate has been attached.
15. SPECIFICATIONS:
a. For purposes of evaluation, bidder must indicate any variances from our
specifications and/or conditions, NO MATTER HOW SLI GHT . If variations are not
stated in the proposal, it wi II be assumed that the product or service fully
complies with our specifications.
b. Any omissions of detail specifications stated herein that would render the
material/service from use as specified wi II not relieve the bidder from
responsibi lity.
16. AWARD OF CONTRACT:
The City of De I ray Beach reserves the right to accept any Bid or combination of Bid
alternates which, in the City's judgment will best serve the City's Interest, reject any
and all Bids, to waive any and all I nforma I i ti es and/or irregularities, and to negotiate
contract terms with the Successful Bidder, and the right to disregard all nonconforming,
nonresponsive, unbalanced or conditional Bids. The City reserves the right to reject any
one or all Bids, or any part of any Bid, to wa i ve any informality In any Bid, and to
award the purchase in the best interest of the City. Discrepancies In the multiplication
of units of Work and unit prices wi II be resolved In favor of the unit price.
Dlscprepancles between the Indicated sum of any column of figures and the correct sum
thereof wi II be resolved In favor of the correct sum.
17 . TAXES:
The City of De I ray Beach is exempt from any Sales taxe imposed by the State and/or
federal Government. Exemption certificates certified on request. State Sales Tax
Exemption Certificate No. 60-08-116241-54C appears on each purchase order.
18. fAILURE TO BID:
If you do not bid, return "Statement of No Bid Form" and state reason. Otherwi se, YOUR
NAME MAY BE REMOVED FROM OUR MAILING LIST.
4
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CITY OF DELRAY BEACH
BID # 95-48
PURCHASE OF POLICE DEPARTMENT UNIFORMS
ANNUAL CONTRACT
SPECI FICATIONS
A. PURPOSE: The purpose and intent of thi s Invitation to Bid is tQ
establish an open end Contract for the purchase of uniforms for the
City of Delray Beach Police Department at the most economical price.
Service and Workmanship are of primary concern. Bidders with low
standards for either service or workmanshi p wi 11 be judged to be
non-responsible and their bids non-responsive. No bid will be
accepted if its offers lower standards of material and/or workmanship
than is described herein.
B. NOTICE OF AWARD: It is and shall be understood and agreed that a
contract shall be deemed to be awarded and validly entered into
between the successful Bidder and the City when written notice has
been given the awardee by the City thru its authorized office, and a
purchase order shall be issued to the Bidder covering same. .
Contract shall be awarded to the lowest Bidder who demonstrates
compliance with bid specifications, capabi 1 i ty to perform accordi ng
to the terms of the contract, and responsibility with current clients.
Award of bid shall be made to the Lowest Responsible/Responsive
Bidder whi ch is considered to be in the best interest of the City.
Vendors must quote on all items listed on Bid Form (Schedule of
Pricin,g). VENDORS SHALL SPECIFY BRAND NAME AND NUMBER ON BID FORM.
All pricing should be based on INSIDE DELIVERY. Delivery costs shall
be included in your bid.
C. PERFORMANCE: It is the intention of the Ci ty of Del ray Beach to
contract as specified herein from a source of supply that will give
prompt and convenient shipment and service. Any fa 11 ure of the
supplier to comply with these conditions may be cause for terminating
any resulting Contract immediately upon notice by the City.
D. CONTRACT TERM: Term of the Contract shall be twelve (12) month
contract period commencing on or about May 01, 1995, and expiring one
year thereafter. The City reserves the right to renew the Contract,
per paragraph #20 of the General Conditions.
E. QUANTITIES: Quantities stated are for bidders guidance only and no
guarantee is given or impl ied as to quantities that wi 11 be used
during the Contract period. Estimated quantities are based upon
previous needs and estimated usage for the 12 month period. Said
estimated quantities may be used for purposes of determining the low
bidder meeting specifications by the City.
F. FIRM PRICE: The City requires a firm fixed price for unit pricing
stated on the Bid Form (Schedule of Pricing) for the contract
period.
6
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Specifications Cont...
G. ALTERNATES: For purpose of Bid evaluation, BIDDER(S) MUST INDICATE
IN WRITING ANY VARIANCES TO THE SPECI FICATIONS, TERMS, AND
CONDITIONS, NO MATTER HOW SLIGHT. If variations are not listed in the
Proposal, it shall be construed that the Bid fully complies with the
specifications, terms, and conditions as given herein. Bidder(s)
offering alternate or equal products must include full specifications
with their bid. FAIlURE TO PROVIDE SPECIFICATIONS OF ALTERNATES WILL
NECESSITATE IN THE DISQUALIFICATION OF BIDS.
NOTE: The use of a certain manufacturer's name and catalog name is
not intended to exclude consideration of products of other
manufacturers meeting the requirements for the item and whose
specifications are equal by industry standards.
Alternates may be acceptable if they can be proven to be better than
or equal to that whi ch is specified. City staff wi 11 be the sole
judge of alternates. .
H. COMPETENCY OF BIDDERS: Pre-award inspection of the Bidder's facility
may be made prior to award of Contract. Bids will be considered only
from firms which are regularly engaged in the business of providing
the goods and/or services as described in this Bid invitation and who
can produce evidence that they have establ i shed sati sfactory record
of performance for a reasonable peri od of time; have sufficient
fi nanci a 1 support, equipment and organization to insure that they can
sati sf,actori ly execute the servi ces if awarded a Contract under the
terms and conditions herein stated. The term "equipment and
organization" as used herein sha 11 be construed to mean a fully
equipped and well established company in line with the best business
practices in the industry and as determined by the proper authorities
of the City.
The City reserves the right, before awardi ng the Bid, to requi re a
Bidder to submit such evidence of their qualifications as the City
may deem necessary, and may consider any evidence available to the
City as to its financial, technical ability and other qualifications
of a Bidder, including past performance (experience) in making the
award in the best interest of the City.
1. DEFAULT OF SERVICE: If conditions are present, such as "poor quality
of service", which shall include but not be 1 i m i ted to, untimely
delivery of uniforms, poor quality of material and failure to respond
in a timely manner for measurement appointments, whi ch are factors
considered by the City to be cause for termination, written notice
shall be provided to the other party, and a sufficient period of time
shall be given to correct the conditions. If the conditions are not
corrected, within thirty (30) days of receiving written notice, then
this Agreement will be terminated.
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Specifications Cont.. ...
J. TERMINATION: If or when the contract is terminated by either party"
the City reserves the ri ght to award the Contract to the next most
responsive, responsible bi dder meeting all required specifi cat ions,_
for the remaining duration of the Contract period. The City may
cancel the contract upon thirty (30) days written notice for reasons
other than cause. The City reserves the right to cancel the contract
with the awarded vendor if delivery and service does not meet
conditions and standards stated within bid specifications.
The successful bidder shall not assign, transfer, convey, sublet or
otherwi se di spose of thi s Contract, or of any or all of hi s or its
rights, title or interest herein, or his or its power to execute such
Contract to any person, company or corporation without prior written
consent of the City.
K. SPECIAL CONDITIONS: .
1. Bidders are asked to submit net pricing per item. Uniform
pricing shall include hemming, and where applicable unhemmed
products (marked on the Proposal Sheet).
2. Vendors sha 11 submit with your bid, samples of each item at the
time of the bid opening. All samples wi 11 be returned, if
requested, at bidders cost. Each individual sample must be
labeled with bidder's name, manufacturer's name and number, and
item referenced.
FAI LURE TO PROVIDE SAMPLES WILL NECESSITATE IN THE
DISQUALIFICATION OF YOUR BID.
3. Bidder must have a tailoring facility within Palm Beach, Dade,
or Broward Counties to service the City; or is will ing to
establish a facility within 90 days after an award.
4. All measurements and fittings will be taken at a mutually
acceptab 1 e time, to be arranged by the Orderi ng Department and
the successful bidder at no additional cost. FITTINGS SHALL BE
DONE AT THE CITY OF DELRAY BEACH POLICE DEPARTMENT. Timeliness
and efficiency is expected when establishing an appointment for
fittings and throughout the entire ordering process.
5. Delivery shall be within ten (10) working days of the receipt of
order. However, requests for exceptions from this time period
for oversize items may be granted by City Staff.
6. Should the requirement for alterations to any uniforms occur
dur i ng the contract peri od, the successful bi dder wi 11 furnish
this service at no additional cost to the City.
7. Contractor sha 11 package all garments separately, showing
contents and personnel's name.
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Specifications Cont...
8. All emblems shall be furnished by the Department and sewn by the
successful bidder at no extra cost as requested any time during
the contract peri od. If it has been decided that the contract
will NOT be renewed upon expiration, all emblems are to be_
returned to the City, at no charge.
9. Delivery location for uniforms shall be:
City of Delray Beach Police Department,
300 West Atlantic Avenue, Dèlray Beach, Florida, 33444.
10. Uniforms should be of the Elbeco or Fechheimer style, or
approved equal.
L. TERMS OF PAYMENT: Upon delivery the City shall make final
inspection. IF this inspection shows that the product has been
delivered in a satisfactory manner in accordance with the
specifications, the Ci ty sha 11 rece i ve the same. Final payment due .
the Bidder shall be withheld until visual inspection, inspection by
the Department and merits of performance evaluated. This total
acceptance will be done in a reasonable and timely manner.
Acceptance sha 11 not exceed thirty (30) days. If any product has to
be rejected for any reason, the Bidder sha 11 be requi red to pi ck up
the product, accomplish the necessary repairs and return the product
to the City.
M. INFORMATION: Any questions in regards to the Detailed Specifications
of this bid should be addressed to David Junghans, Administrative
Officer, Ci ty of Del ray Beach Police Department at ( 407) 243-7852.
Any questions in regards to the submission of your bids should be
addressed to Jacklyn Rooney, Senior Buyer, Purchasing Department, at
(407) 243-7163.
N. JOINT BIDDING, COOPERATIVE PURCHASING AGREEMENT: State on Bid Form
if you wi 11 extend the same prices, terms, and conditions to other
Palm Beach, Dade, Broward, or Martin County governmental agencies.
O. PUBLIC ENTITY CRIMES FORM: Any person submitting a bid or proposal
in response to this invitation must execute the enclosed Form SWORN
STATEMENT UNDER SECTION 287. 133(a), FLORIDA STATUTES, ON PUBLIC
ENTITY CRIMES, including proper check( s) , in the space(s) provided
and enclose it with the bid/proposal. However, if you have provided
the completed form to the submittal address listed in this invitation
and it was received on or after January 01, 1995, the completed form
is not required for the balance of the calendar year.
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DETAILED SPECIFICATIONS
ITEM #1: PLAIN, ZIPPER SHIRTS
LONG/SHORT SLEEVE
MENIWOMEN
(POLICE/SUPERVISORS)
l. FABRIC:
4/5 ounces per ~quare yard. 100% Tecturixed polyester with a soil release finish,
Fast color guaranteed washable subject to care instructions.
2. COLLAR, STAND. AND YOKE:
a) SHORT SLEEVE (MEN):
There shall be a one (1) piece convertible collar points medium spread,
to measure 3 1/4 inches long at points, and are topped stitched 1/4 inch
trom the edge. Permanent mylar stays ultrasonically fused for precise .
positioning shall be sewn inside collar so that no stitches are made through
bottom leaf, collar stand and band to be die cut and interlined with dacron
(#250 in collar, #300 in band). Collarband and yoke to be lined with high
luster Dacron/Cotton Poplin matching color of shell fabric.
b) SHORT SLEEVE (WOMEN»:
A medium spread will be 33/8 inches in length and are to be top stitched
1/4 inches trom the edge. Permanent mylar stays ultrasonically fused for
precise positioning shall be sewn inside collar so that no stitches are made
1hrough bottom leaf, Collar stand and band to be die cut and interlined
with Dacron (#250 in collar, #300 in band). Collar band and yoke to be
lined with high lustre DacronfTwill.
c) WNG SLEEVE (MEN & WOMEN)
A medium spread will be 33/8 inches in length and are to be top stitched
1/4 inches trom the edge. Collar height at rear 1 1/2 inches and collar
stand at rear to measure 1 5/16 inches. Permanent mylar stays
ultrasonically fused for precise positioning shall be sewn inside collar so
that no stitches are made through bottom leaf Collar stand and band to be
die cut and interlined with Cacron (#250 in collar, #300 in band). Collar
band and yoke to be lined with high lustre CacronITwill.
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3. SLEEVES:
a) SHORT:
Sleeves are straight and whole topstitched 3/4 inches at bottom ang to
finish approximately 9 inches from shoulder seam. The sleeve seam as well
as the sl~ve setting seam (i.e. the seam securing the sleeve to the body of
the shirt) must be a rnerrow safety stitch so as to properly strengthen the
seam as well as to prevent the fabric from raveling.
b) LONG:
Sleeves are straight and whole top stitched 3/4 inches at bottom and to
finish approximately 9 inches long from shoulder scam. The sleeve seam as
well as the sleeve setting seam (i.e. the seam securing the sleeve to the
body of the shirt) must be a morrow safety so as to properly strengthen the .
scam as well as to prevent the fabric from raveling. The cuffs are to
measure 3 inches in depth with rounded corers. Each cuff is to have two
buttons and corresponding buttonholes plus a button and buttonhole on the
center of each sleeve vent Cuffs are to be interlined with Dacron #300 to
give body.
4. CUFFS
Cuffs are to measure 3 inches in depth with rounded comers. Each cuff is to have
two buttons and corresponding buttonholes plus a button and buttonhole on the
center of each sleeve vent. Cuffs are to be interlined with Dacron #300 to give
them body.
5. FRONT
The left front shall have a enter facing 1 1/2 inches wide, extending from the collar
stand to the bottom of the shirt, The center facing shall be made of the same fabric
as the shirt with 2 rows of stitching 7/8 inches apart. The will be 7 buttons and
buttonholes on the front, between each ell be 3 3/4 inches except the spacing
between the neck button and the first button on the front will 3 1/4 inches.
6. POCKETS:
To have 2 breast pockets, top-stitched 1/16 inches from the edge, with mitered
comers, to finish 5 5/8 inches wide and 6 inches deep. The left breast pocket to
have a pencil compartment 1 1/2 inches wide, Both pockets to have 1 1/2 inches
box pleats stitches top and bottom to prevent spreading.
11
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7. FLAPS:
Will to have 2 scalloped flaps, top stitched around the edges, to finish 5 7/8 inches
in length, 2 3/4 inches in width at center, and 2 1/4 inches in width at sides. Flaps
to be secured to the front of the shirt approximately 1/4 inches above pocket With
2 rows of stitching 3/16 inches apart. Left flap to have invisible pencil opening of
I 1/2 inches to correspond precisely with pencil slot of pockets. The invisible
pencil opening provides a uniform appearance of both pocket flaps so this feature
must be incorporated in the construction of the shirt. Both flaps to be interlined
with Dacron #300. There is to be a button and buttonhole sown on both flaps.
The side points of the flaps are to be secured to the pockets by means of Velcro
fasteners sown onto the flaps and pocket, the hook portion being stitched to the
pocket and pile portion sown to the underside of the flap. The pile piece sewn to
the flap must be attached during the manufacturing process before the flap is
assembles to prevent the stitching from showing on the front of the flap, gripper
snaps will not be acceptable.
.
8. BADGE SLING:
To be made of shirt fabric. A 2-ply sling 1 inches wide centered over left pocket
and stitched to shoulder seam and flap setting stitch. It will 2 buttonhole eyelets
approximately 1/4 inches from the top of the pocket flap, spaced 1 1/4 inches apart
and entered on a sling.
9. ZIPPER FRONT:
There shall be a, 15 inch for men and 12 inches for women, a Nylon zipper with a
comparable colored tape sewn to the front of the shirt, replacing the second, third,
fourth and fifth front buttons. These nonfunctional buttons are to be sown on top
of the buttonholes on the center front facing to give the appearance of a button
front shirt.
10. ELBOW REINFORCEMENT Oong sleeve):
Each sleeve to have a banjo shape elbow reinforcement, manufactured £rom the
same shirt fabric, to extend to the cuff seam,
11. SHOULDER STRAPS (epaulets):
To be asymmetrically shaped, top stitched 1/4 inches off the edge and to be
pointed at the end toward the neck. To be set on yoke with leading top stitch
conforming with front joining seam. To measure 2 inches at the sleeve, tapering to
1 3/8 inches and set not more than 1/2 inch folded collar. Cross stitched
approximately 2 inches from sleeve seam.
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12. THREAD:
All sewing thread will be color fast polyester, with core wrap to match,
13. BUTTONS
14. The buttons use,d will be reviewed by the Department to insure they comply with
our general requirements.
15. MILITARY CREASES:
There shall be 5 military creases stitched in sharp military style on all shirts. One
crease in each side in front, extending from the hem to the shoulder seam, but the
creases are not to run through pocket or flap. Front pockets and flaps to be
centered over the crease. Three vertical creases in back, middle crease on center
of back, side creases spaced equally, distance form the center cease, .
16. SIZES:
Collar and/or sleeve size will be marked on the inside of collar band. Over size
shirts will be considered to be those shirts in sizes from; for men 17 1/2 - 38, for
females sizes 40 and above.
17. CARE INSTRUCTIONS:
Permanent care instructions to be located on the hem of the shirt, in front.
18. PRESSING, FINISHING & PACKAGING:
Shirts shall be carefully pressed in a firs class manner. All loose threads will to be
thoroughly trimmed. Shirt will be individually bagged in clear plastic. Shirts will
be packed 2 to a box, with sizes marked on the outside of one end of the box,
19. EQUIVALENT ITEMS ARE ACCEPTABLE.
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ITEM #2: TROUSERS
MEN (POLICE/SUPERVISORS)
1. FABRIC:
100% DacronIPolyester; weight, 8-8.5 oz linear yard (66-67 width); weave,
tropical; color, navy blue
2. DESIGN:
Trouser shall be manufactured rrom a men's, (women as required) uniform trouser
pattern. The trouser styling shall incorporate a plain rront, straight leg bottoms,
two (2) quarter top front pockets, two (2) hip pocketing all must be navy. Pants
for Captains and above will have a one (1) inch, black cloth strip down the outside
steam of each pant leg.
3. POCKETS: .
a) The two (2) rront pockets will be quarter top style with a minimum
opening of 6 inches, and a minimum depth of 5 3/4 inches measured rrom
the bottom of the opening. Front pockets will have straight bartacks at the
top, and of the bottom of pocket openings. Pockets shall be constructed
using the stitch, turn, and top stitch method Pocket facings to be made of
the basic fabric and must measure a minimum of 3 inches in width at the
top/ The rront pockets shall be double tipped.
b) The two (2) hip pocket shall have a minimum opening of 5 1/2 inches and a
minimum depth of 5 3/4 inches measured rrom the bottom of the pocket
opening. Hip pockets shall be constructed using the double welt method.
The welts shall be finished in such a manner that there is no topstitching
(top stitched hip pocket welts shall be cause for rejection). The comers of
the hip pocket openings shall have straight baracks for reinforcement. Hip
pocket facings to be made of basic fabric and have a minimum depth of 3/4
inches, The left hip pocket shall have a centered tab made of basic cloth
inserted into the top welt with bartack at the top and bottom of the tab to
form an opening for a button. A button shall be located below the bottom
welt corresponding in location with the tab.
4. WAISTBAND:
The waistband shall be constructed using the "closed method" and shall measure 2
inches wide when finished. The waistband curtain is to be made of the same fabric
and color as the pocketing material and shall be attached to the trouser with a
14
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Rocap machine. The upper waistband curtain to be inner lined with stretch canvas,
similar to Ban-Rol canvas, in a blend of 64% polyester 36% nylon and to be 1-1/2"
wide with a 10% stretch. The bottom portion of the waistband curtain will ~e a
blend of 32% nylon, 38% polyester, 18% rubber (3 strands), 11% Iycra and 1%
acrylic woven 2" wide and to finish 1-3/8" wide. To have a minimum of 40%
stretch characteristics. Note: The difference in stretch of top and lower portion of
the band provide comfort. The top ha1fwill not roll over and will stay snug with a
10% stretch while the lower portion provides 40% stretchability. The three
rubberized strands insure that shirts stay tucked in for neat appearance. The
waistband closure shall be accomplished with a crush-proof hook and eye. The
hook and eye shall be reinforced with stays made of non-woven fabric that are
.
anchored by the topstitching for the fly facing and curtain.. This topstitching must
be to the top of the waistband. The waistband must be topstitched 1/16 inches
below the waistband scam for added strength.
5. FLY
Trouser shall have a metal memory lock zipper. There shall be a french Fly tab
closure on the inside of the right fly. The tab shall be double poly made of the
basic cloth (tabs made of pocketing material of a "grown on" french fly will be
cause for rejection). The right fly shall be lined with the same fabric as the waist
band.. The fly lining shall be sewn to the left fly below the zipper in a neat and
durable manner. A button shall be located on the left fly corresponding with the
french Fly tab to provide a clean and comfortable closure. There shall be a firm
straight bartack at the bottom of the fly going through the zipper tape,
6. LOOPS:
There shall be a minimum of seven belt loops 3/4 inches in width of double
thickness. Each loop must have a non-woven interlining. All loops (except for the
back center loop) must be sewn into the bottom of the waistband ("dropped" belt
loops are cause for rejection) and the top of the belt loops shall be caught into the
waistband. The bottom of the center back loop shall be tacked to the trouser and
the top of the loop tacked to the outside of the waistband.
7. SEAT:
15
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Seat outlet to measure a minimum of 2 3/4 inches to allow for alteration. Seat
must be sewn with a Tandem Needle Machine,
8. STITCHING PRESSING & FINISHING:
Trouser must be stitched with matching thread and all stitching to show must be
10-11 stitches per inch. Trouser must be neatly pressed on Hothead Presses and
properly shaped, . Out scams and inseams must be pressed open. Trouser must be
cleaned and finished to eliminate loose threads.
9. LABELS:
Trouser must have a care label permanently affixed that also indicates the size, A
paper ticket showing the size, fabric content, cut number, and WPL must be
outside of the waistband.
.
10. STOCK SIZES
Trouser must be available in the following stocked sizes:
30x28 through 40x 36, sizes above these listed will be considered oversize.
11. EQUIVALENT ITEMS ARE ACCEPTABLE.
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ITEM #3 TROUSERS
WOMEN (POLICE/SUPERVISORS)
1. FABRIC:
Same men's specifications,
2. DESIGN:
Same men's specifications.
3. POCKETS:
a) The two (2) front pockets will be quarter top style with a minimum
opening of 6 inches and a minimum depth of 5 3/4 inches measured from
the bottom of the opening. Front pockets to have straight bartacks (use of
triangle bartacks will be cause for rejection) at the top and bottom of .
pocket openings. Pockets shall be constructed using the stitch, turn, and
top stitch method. Pocket facings to be made of the basic fabric and must
measure a minimum of3 inches in width at the top.
b) The two (2) hip pockets shall have a minimum opening of 5 1/2 inches and
a minimum depth of 5 3/4 inches measured from the bottom of the pocket
opening. Hip pockets shall be constricted using the double welt method,
The welts shall be finished in such a manner that here is no topstitching
(top stitched hip poèket wilts shall be cause for rejection). The comers of
the hip pocket opening shall have finn straight bartacks for reinforcement
(triangle bartacks are unacceptable). Hip pocket facings to be made of
basic fabric and have a minimum depth of 3/4 inches, The left hip pocket
shall have a centered tab made. of basic cloth inserted into the top welt with
bartacks at the top and bottom of the tab to form an opening for a button.
A button shall be located below the bottom wilt corresponding in location
with the tab.
4. WAISTBAND:
a) The waistband shall be constructed using the "closed method" and shall
measure 2 inches wide when finished. The waistband closure shall be
accomplished with a crush proof hook and eye. The hook and eye shall be
reinforced with stays made of a non-woven fabric that are anchored be the
topstitching for the fly facing and curtain. This topstitching must be to the
top of the waistband, The waistband must be top stitched 1/16 inches
below the waistband seam for added strength, The top portion of the
inside of the waistband is to consist of the same fabric that is used for
17
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pocketing. The fabric is to be cut on the bias for maximum comfort, To
be 1 7/8 inches wide and to finish 1 1/8 inches wide after construction.
b) Upper waistband curtain to be inner lined with stretch material in a blend of
64% polyester 36% nylon and to be 1 1/2 inches wide with a 10% stretch.
c) The bottom portion of the waistband curtain should be a blend of 32%
nylon, 38% polyester, 18% rubber (3 strands) 11% lycra and 1% acrylic
woven 2 inches wide and to finish 1 3/8 inches wide. To have minimum of
40% stretch characteristics.
d) Note: The differences in stretch of top and lower portion of the band
provide comfort. The top half will not roll over and will stay snug with a
10% stretch while the lower portion provides 40% stretchability.
e) The three (3) rubberized strands ensure that shirts stay tucked in for neat
appearance.
.
5. FLY:
Same as men's specifications.
6. BELT LOOPS:
...
Same as men's specifications,
7. SEAT:
Same as men's specifications.
8. STITCHING: PRESSING & FINISHING:
Same as men's specifications.
9. LABELS:
Same as men's specifications.
10. STOCK SIZES:
Ladies trousers must be sized as illustrated in the following manner;
Sizes: 6 8 10 12 14 16 18 20 22 24 26
Waist measurements 26" 2T' 28" 30" 32" 34" 36" 38" 40" 42" 44"
Hip measurements 37' 38" 39" 41" 43" 45" 47" 49" 51" 53" 55"
Over size pants will be considered to be those over size 20.
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11. EQUIVALENT ITEMS ARE ACCEPTABLE.
ITEM #4 JACKET
(POLICE/SUPERVISOR)
1. FABRIC:
Outer shell is a 2 ply Taslanized Nylon 70 Cenier (filling) and Nylon 70 Denier
(warp), plain weave. Material to be treated with durable fluorocarbon water and
stain release agents.
2. COLOR:
Navy blue,
3. SLEEVES .
Sleeves shall be two piece coat style with shoulder pads, removable shoulder stays,
and knit cuffs. Shoulder pads to be set into seam.
4. POCKETS & FLAPS:
Jacket ftont shall have two breast reverse pleated patch pockets with flap, The
pockets shall have two-way opening and shall be lined with kasha. Flaps shall
close with snaps on each comer. Flaps shall incorporate a dummy buttonhole and
a button is to be attached to the flap through the buttonhole with a kotter pin.
Breast pocket shall have a minimum opening of 6 inches at the top and sides,.
Breast pocket and flaps shall be interlined with pellon.
5. COLLAR AND COLLAR STAND:
The permanent collar and collar stand shall be made of two plies of the basic fabric
plus the interlining. The interlining shall be sewn to the under collar and the under
collar stand be top stitched with collar points long enough for a neat appearance.
Jacket construction must incorporate a collar stand, as this feature is critical to
overall appearance of the garment. Jackets made without a collar stand may not
be acceptable.
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6. BADGE TAB:
To be of jacket material 2 1/2 inches long, 5/8 inches wide, with 2 metal vertical
eyelets 1 1/4 inches apart, center to center. Tab centered above left breast poéket.
If possible the jacket could be delivered with our a badge tab.
7. SHOULDER S:rRAPS (epaulets):
Removable shoulder straps constructed of two plies of the basic fabric plus the
interlining. There shall be a buttonhole on each end of shoulder strap so that the
straps are removable with the use of a button. Shoulder strap shall be pointed and
have slight taper for better appearance.
8. FINISHING & PRESSING:
The entire jacket must be made in a first class manner, work clothes type jackets .
will not be acceptable. All loose threads must be removed and jacket must be
completely pressed with high temperature pressing equipment and properly
shaped. When completed, the jacket must be baked at the proper temperature to
insure wrinkle resistance and permanent creases at the sleeves.
9. LABELS:
There shall be permanently affixed size label and care instruction label.
10. INSIDE POCKETS:
Jacket shall have a welt inside breast pocket on the left side, Pocket lining shall be
65/35 Poly/Cotton.
11. SIDE ZIPPER VENTS:
Jacket shall be designed with side zippered vents, one right/one left, for easy
access to weapon and other equipment. The vents must have a snap tab closure
system at the bottom,
12. SHELL:
86 pick black nylon taffets on inside of liner, back side of black tricot.
13. INSULATION:
In the body of the jacket 200 gram of insulated material, in the sleeves 100 gram of
insulated material.
20
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14. LINING:
a) Jacket shall be manufactured with a permanent 86 pick Nylon lining. Color
of the lining must be black.
b) The liner should be full cut, designed to properly fit into jacket, Liner to
incorporate side vent openings corresponding in location with side vents on
jackets to allow access to weapon or equipment.
"
c) All outer edges of the liner must be bound, covered with a bias binding and
sewn with a safety stitch.
d) Liner sleeves to attach to jacket sleeves with a snap and/or tab system, Use
of a button and buttonhole for this purpose is unacceptable.
e) The liner will incorporate a welt seam opening that allows access to the .
inside pocket of the jacket.
f) There shall be a zipper around the perimeter of the liner so it may be
properly zipped into the jacket.
15. EQUIVALENT ITEMS ARE ACCEPTABLE.
16. Over Size Jackets will be considered to be those size 48 and over.
21
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SWORN STATEMENT PURSUANT TO SECTION 287.133(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to the City of Delray Beach, Project No.
Bid //95-48
(Project Name)
Purchase Of Uniforms For The Police Department
by
(print name of entity submitting sworn statement)
whose business address is:
.
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security
Number of the individual signing this sworn statement: . )
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with any agency
or po lit i ca I subdivision of any other state or with the United States, including, but not
limited to, and bid or contract for goods or services to be provided to any publ ic entity
or an agency or pol itical subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, co I I us i on, racketeering, conspiracy, or
material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes, means a find I ng of gui It or a conviction of the publ ic ent i ty cr i me,
wi th or wi thout an adjudication of qui It, in any federal or state tr i a I court of record
relating to charges brought by indictment or information after July 1, 1989, as a result
of a jury verdict, nonjury trial, or entry of a plea of gui Ity or nolo contendere.
4. , understand that an "affi liate" as defined in Paragraph 287.133(1)(a), Florida Statutes,
means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An ent i ty under the control of any person who is active in the management of the
entity and who has been convicted of a pub Ii c ent i ty cr i me. The term "affi I iate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affi liate. The ownership
by one person of shares constitution a control ling interest in another person, or a
pooling of equipment or income among persons when not for fair market value under an
arm's length agreement, sha'l be a prima facie case that one controls another
person. A person who knowingly enters into a joint venture wi th a person who has
been convicted of a pub I ic entity crime in Florida during the preceding 36 months
sha II be considered an affi liate.
22
, .
5. I understand that a "person" as defined in Paragraph 287. 133 ( 1 ) ( e) , Florida Statutes
means any natural person or entity organized under the laws of any state or of the United
States with the legal power to enter into a binding contract and which bids or applies to
bid on contracts for the provision of goods or services let by a public entt~, or which
otherwise transacts or app J I es to transact business wi th a publ ic entity. The term
"person" includes those officers, directors, executives, partners, sha~reho I ders,
employees, members, and agents who are active in management of an entity.
6. Based on information a'hd be lief, the statement which I have marked below is true n
relation to the entity submitting this sworn statement. (Indicate which statement
applies.)
Neither the entity submitting this sworn statement, nor any officers, directors,
executive, partners, shareholders, employees, members or agents who are active in
management of the entity, nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members, or agents who are .
active In management of the entity, or an affiliate of the ent i ty has been charges with
and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in management of the entity, or an aff i I i ate of the ent I ty has been charges with
and convicted of a publ ic ent i ty cr ime subsequent to July 1, 1989. However, there has
been a subsequent proceeding before a Hear i ng Off i cer of the State of Florida, Division
of Administrative Hearings and the Final Order entered by the Hearing Officer determined
that It was not In the pub I ic interest to place the entity submitting this sworn
.
statement on the convicted vendor II st. (attach a copy of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
IDENT! F I ED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS
VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I
AM REQU I RED TO INFORM THE PUBLIC ENTITY PR lOR ,TO ENTERING I NTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE
IN THE INFORMATION CONTAINED IN THIS FORM.
(signature)
Sworn to and subscribed before me this day of , 19 -
Persona fly known
OR Producted identification Notary Public-State of
My Commission expires
(Type of identification)
(Printed typed or stamped commissioned
name of Notary Public)
23
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DRUG FREE WORKPLACE CERTIFICATION
If identical tie bids exist, preference will be given to the vendors
who submits a certification with their bid/proposal cert i fyi ng they
have a drug-free workplace in accordance with Section 287.087,
Florida Statutes. The drug-free workplace preference is app 1 i ed as,
follows:
IDENTICAL TIE BIDS: Preference shall be given to busi nesses with
drug-free workplace programs. Whenever two or more bids which are
equal with respect -to price, quality, and service are received by the
State of by any political subdivision for the procurement of
commodi ties or contractual services, a bid received from a business
that certifies that it has implemented a drug-free workplace program
shall be given preference in the award process. Established
procedures for processing tie bids will be followed if none of the
tied vendors have a drug-free workplace program.
As the person authorized to sign this statement, I certify that this
firm complies fully with the following requirements:
.
1) This firm publishes a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for
violations of such prohibition.
2) This firm informs employees about the dangers of drug abuse in
the workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
3) This firm gives each employee engaged in providing the
commodities or contractual services that are under bid a copy of
the statement specified in subsection (1).
4) In the statement specified in subsection (1), this firm notifies
the employees that, as a condition of working on the commodities
or contractual servi ces that are under bid, the emp 1 oyee wi 11
abide by the terms of the statement and will notify the employer
of any conviction of, or plea of qui1ty or nolo contendere to,
any violation of chapter 893 or of any controlled substance law
of the United States or any state, for a violation occuring in
the workplace no later than five (5) days after such conviction.
5) This firm imposes a sanction on or requires the satisfactory
participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, by any
employee who is so convicted.
6) This firm will continue to make a good faith effort to maintain
a drug-free workplace through implementation of this section.
VENDOR'S SIGNATURE FIRM NAME
24
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CITY OF DELRAY BEACH
BID FORM
BID #95-48
PURCHASE OF POLICE DEPARTMENT UNIFORMS
ITEM EST. UNIT EXTENDED
NO. DESCRIPTION ANNUAL QTY. COST COST
--------------------------------------------------------------------------
1. SHORT SLEEVE SHIRTS:
a) MALE 600 $ $
OVERSIZE QTY. 50 $ $
b) FEMALE 70 $ $
OVERSIZE QYT. 20 $ $
2. LONG SLEEVE SHIRTS:
.
a) MALE 310 $ $
OVERSIZE QTY. 30 $ $
b) FEMALE 35 $ $
OVERSIZE QTY. 10 $ $
3. TROUSERS:
a) MALE 250 $ $
OVERSIZE QTY. 20 $ $
b) FEMALE 35 $ $
OVERSIZE QTY. 10 $ $
4. POLICE UNIFORM JACKET
WITH ZIP OUT LINING 55 $ $
OVERSIZE QTY. 5 $ $
(Size 48 and above)
GRAND TOTAL BID COST $
LIST UNIFORM MANUFACTURERS/CATALOG NUMBER HERE:
25
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* PLEASE AFFIX SIGNATURE WHERE INDICATED
.
(FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID)
BID # 95-48
PURCHASE OF UNIFORMS FOR POLICE DEPARTMENT
COMPANY NAME:
* SIGNATURE: Date:
SIGNATURE:
.
...~. (print)
ADDRESS:
(state) (zip code)
TELEPHONE: ( )
FAX # : ( )
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT NAME:
TELEPHONE: ( )
WILL EXTEND SAME PRICING, TERMS, AND CONDITIONS, TO OTHER
GOVERNMENTAL ENTITIES:
yes no
26
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,0
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STATEMENT O~ NO BID
BID # 95-48
If you are not bidding on this service/commodity, please compLete and
return this form to: City of Delray Beach Purchasing Office, 100
N.W. First Avenue, Delray Beach, Florida, 33444.
Failure to respond ~ay result in deletion of vendor's name from the
qualified bidder's list for the City of Delray Beach.
COMPANY NAME:
MINORITY OWNED
ADDRESS: BUSINESS
( ) Black
( ) Hispanic .
TELEPHONE: ( ) Women
( ) Other
SIGNATURE: specify
DATE:
WE, the undersigned have declined to bid on your BID 95-48
for Uniforms For The Police Department
because of the following reason(s).
Specifications too "tight", i. e. , geared toward brand
or manufacturer only (explain below)
Insufficient time to respond to the Invitation to Bid
We do not offer this product or an equivalent
Our product schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
Other (specify below)
REMARKS: -
----.
27
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.
.
.. .
REFERENCES:
Company Name: ,
Address:
ZIP
Contact Person:
Phone No.: ( )
Company Name:
Address:
.
ZIP
Contact Person:
Phone No.: ( )
Company Name:
Address:
ZIP
Contact Person:
Phone No.: ( )
Company Name:
Address:
ZIP
Contact Person:
Phone No.: ( )
28
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.
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M E M 0 R AND U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM :II: qN - MEETING OF AUGUST 15. 1995
STATUS REPORT AND REOUEST FOR DIRECTION REGARDING
SEACREST PROPERTIES
DATE: AUGUST 11, 1995
The City Attorney will make the report at the August 15th
meeting.
ref:agmemo8
.
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,,-:U~.-15-1995 10:50 BOARD OF CC 4137 355 3'3'30 P.02
Board òf County Commissioners County Administrator
Ken L. Foster, Chairma.n Robert WeiSman
Burt Aaronson, Viçe Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Mary McCarty
Maude Ford Lee
August. a, 1995
The Honorable Tom Lynch
Mayor, City of Delray Beach
100 N.W. First Avenue
Delra.y Beach, FL 33444
/
Dear Tom:
Recently the Board of County Commissioners approved a 25.3 million dollar
bonà issue to adc:1ress the tretl\endous need for athletic fields and special
recreation facilities throughout Palm Beach County. Included in this issue is
1.9 million dollars for the construction ot a new recreation center on property
the City is presently acquiring across the street from Atlantic community High
school. This is a very exciting project that will provide ~any benefits to the
community and is an excellent example of what can be accomplished when
governments work together.
1: B..III , however, disappointed that the School Board could not provide the
funding necessary to be partners with us on this important project. Due to my
concern regarding the many needs of Atlantic Community High school and the
significance of the Seacrest property in addressing those needs, I recently met
with Dennis Eshleman to explore various means by which the school Board could
playa larger role in this project. AS a result, I believe I have identified an
option that would accomplish the initial objectives of your Task Team. While I
feel this option has a great deal of merit, I would not pursue it unless the city
supports this approach. My proposal is as follows:
L The City acquires the Seacreet property and makes it available to
the School Board for the construction of an athletic facility. In
return, the School Boar¢ agrees to provide the City l~ited use of
the facility (to be determined).
2. The County provic:1e 1.4 million of the 1.9 million allocation to the
Schoo~ Hoard to satisfy an existing debt, provLded the funds are
used to construct the Center. The County presently plans to aatiefy
this debt through the provision of land for a future school Bite.
3. The County provides the remaining .5 million of the 1.9 to the
School Board for the construction of the center. In return, the
school will allow a portion of the parking lot to be uBed by pool
pat.rons (to be determined).
4. The School constructs the facility and is responsible for the
ongoing operation and maintenance.
5. Monies preBent~y identified in Mr. zabik's letter (attached) would
remain with Atlantic High School to be used on this project or other
school needs. Thes@ funds incluc:1e:
A. Direct cash contribution by School District $100,000
"An Eqll¡JI Opportunity - AffirmJtiv!.' Action Employer"
~..,,,. n f'\ t:t....'-", ù¡JCJ 1A'~~",¡' I)...'..... D............1. C'1...._!.J_ "'7"""".... 'IUH'" I A...,," \ ........ ...,~ ,.,.. .,...~. ..--...-----.
.
,
. 407 355 3990 P.03
. AUG-15-1995 10:51 BOARD OF CC
,
Mayor Tom Lynch
August a, 1995
B. Cash contribution by the School District
trom anticipated cost savingß on cafeteria
renovation project $200,000
C. Savings trom coordination ot drainage project $ 25,500
I would appreciate it: if you would discuss this proposal with your
commission and determine it it is a Course of action that you think we should
pursue. Règardless of your decision I look fOrward to working with the City on
this exciting new project. ~
-----------
POSTSCRIP'l': ~_.,/
It is preferred that the $300,000 that the Distriot haa committed to this
project (per: attachment) be used for improvements to the Football Stadium and
Fine Arts Classrooms. TheBe facilities are utilized by a large number of
students and members of the community. While the stadium and the auditorium
are in excellent condition, the restrooms, concession ßtands, press box, locker
rooms, band and choral rOoms are badly in need of renovation and upgrades.
@ prinltld en r<x:yclna r~''''('
.
.. ' . -AUG-15-1995 10:51 BOARD OF êc 407 355 3'390 P.04
, &..~........"" .......v~ O~.....
.
," PALM BJACB COUNrY SCHooL DJ5TRlcr FUNDS
AND 1N-1QND SBR.VICES FOB. TJÅ’ s&\CØ8T PROPBRTY
-.1. Dked ,C&Ih CODttibatiøn by scl1oo1 District .........,... $100,000
...2. CUiI eontribudon by tb= SdtoóJ DiItrÏl# fiUal ~fQ5
C)5t . ~.. S2OO.DOO
6&"f1DP 011 G:afce1iA fI!DOV&tiOQ pmjcId . . , . · . - - . . . .
!. School~PriHl:Gratct~ .......... $500.000
4. Dc!ra.y ~ c:rJJJt&i~ ...,........,..... - .. . . It . . . $300.000
5. PaJ:ss1.Becb ~~, & .... . !to. "'. ~. . . .... ...- $400,000
6. BaviDgs ftoß1 caardlAat1an of dta" projctt ....... - . . $25.000
....
.i
,
P&QÅ’C1 COU VSTJM'&D
BuiJdØJ¡IP.rt' . , .. . . .£ f . .. . ... .. . .. . . . - . · . III " . . . .. .. .. .. $1.300.000
l.AI24 t.."......" t 41,...... _......".. t.. _.. -._. t S 400.~
,QJb- TCJCa.I . . .. . . . .. " . . . ,. , . . 'II ~ " . . .. " .. " . - ... . . .. ~ . · $1.100.000
... TOTAL J'VNDS AVAIJ..ABLlt ...............- $1,525.000
.. ~AL I1JMDS UQtJII:KD . tI . . . . . . . . . , .. .. , a. ~ S 175,000
1N.KJND SBaV1c:.u PB.OYIÅ“Þ BY
:rALM DRACH COIJNTY SCHOOL DlSTBJCT COMMtINlTY
1. PJãftttb,¡ Cbanrttt: (Dept. PaD:tI) · . · . . · · , . . . · · · . · · . . S 5.000
2. Ðc:vt10pmc0£ of CCRCPt draWinl CD flee J'lm¡ (DGIi¡D~) . S 1Q.000
3. ~ ~ Fundi) ,.................... - . . $ 60,000
4. ~J At acv~ Ap.oy AppcW1J (Dept. P\mdS) . $ 10,000
~
5. Wddinø Cocrdhaa6oDICoo£rad. ~ect
M».~D.t (Dept. fW)da) . . . . . . . . . . . . - . . . . . . . . . S sG.OOO
... T'OTAL .........,........ . . . . . .. .. " .. .. . ~ · . . It $W,OOO
TOTAL P.02
.
,
OK,
RECEIVED trM
[IT' OF DELRA' BEA[H AUG 1 0 1995
CITY MM' .', -~':' rHllCF.
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRA Y BEACH
f lOll I D ¡\
......
AII·America City MEMORANDUM
" III!
DATE: August 9, 1995
1993 TO: City Commission
FROM: David N. To1ces, Assistant City Attor~
SUBJECT: City Sale to Jose and Antonia Salas
5072 N.W. 5th Avenue. Delray Beach
The attached Contract for Sale and Purchase is proposed to be entered into between the
City and Jose and Antonia Salas. The property is located at 5072 N.W. 5th Street. The
proposed purchase/sale price is $59,000.00. As part of the Hope 3 Program, the City
will contribute $2,950.00 of Hope 3 funds to the Salas' to close on the property.
The property is a 3 bedroom, 1 bath home consisting of approximately 1,179 square feet
of living area. The City's appraisal is equal to the sale price for the property. Approval
of the contract is recommended.
Please call if you have any questions.
DNT:smk
Attachment
cc: David T. Harden, City Manager
Lula Butler, Director of Community Improvement
Dorothy Ellington, C. D. Program Coordinator
Alison MacGregor Harty, City Clerk
salas.dnt
/O~·
® Printed on Recycled Paper
.
'~. . .,
CONTRACT FOR SALE AND PURCHASE
JOSE L. SALAS, and ANTONIA SALAS, as ("Buyers"), and CITY OF DELRA Y
BEACH, a Florida municipal corporation, ("Seller"), hereby agree that the Seller shall sell and
the Buyers shall buy the following real property ("Real Property") upon the following terms and
conditions which include the standards fqr real estate transactions included in this instrument:
I. DESCRIPTION:
The East 40 feet as measured at right angles of Lot 13, Block 4 of Pine Trail Section
Four, according to the Plat thereof, as recorded in Plat Book 35 at Page 151 of the Public
Records of Palm Beach County, Florida.
II. PURCHASE PRICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $59,000.00
PAYMENT: --
(a) Deposit held in escrow by N/A
in the the amount of $ 0.00
(b) Additional escrow deposit within days after Effective
Date (as defined in Paragraph III) in the amount of $ 0.00
(c) Subject to AND assumption of mortgage in good standing
in favor of having an approximate
present principal balance of $ 0.00
(d) Purchase money mortgage note in the amount of $56,050.00
(e) Other: N/A $
(f) Balance to close U.S. cash, LOCALLY DRAWN certified or
cashier's check or third party loan, subject to adjustments and
prorations (Buyer will pay 3% of balance to close) $ 2,950.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before August 31, 1995, the deposit(s) will, at Buyer's option,
be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective
Date") will be the date when the last one of the Buyer and the Seller has signed this offer.
IV. FINANCING:
(a) If the purchase price or any part of it is to be financed by a third-party loan, this
Contract is conditioned on the Buyer obtaining a written commitment within 30 days
after Effective Date for (CHECK ONLY ONE): 0 a fixed, o an adjustable or Oa
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" .
fixed or adjustable rate loan for the principal amount of $56,050.00, at an initial interest
rate not to exceed 7.75% for a term of 30 years. Buyer will make application within 30
days after Effective Date and use reasonable diligence to obtain the loan commitment
and, thereafter, to satisfy the terms and conditions of the commitment and close the loan.
Seller shall pay all loan expenses which shall be secured by a subordinate second
mortgage if expenses are more ~an $4,000.00. If Buyer fails to obtain the commitment
or fails to waive Buyer's rights under this subparagraph within the time for obtaining the
commitment or, after diligent effort, fails to meet the terms and conditions of the
commitment, then either party thereafter, by written notice to the other, may cancel this
Contract and Buyer shall be refunded the deposit(s).
Any mortgagee charge(s) less than $4,000.00 shall be paid by Seller. If Buyer is not
accepted by mortgagee or the requirements for assumption are not in accordance with the
terms of this Contract or mortgagee makes a charge in excess of the stated amount, Seller
or Buyer may rescind this Contract by written notice to the other party unless either elects
to pay the increase in interest rate or excess mortgagee charges.
V. TITLE EVIDENCE: At least 7 days before closing date, Seller shall obtain a title
insurance commitment and, after closing, an Owner's Policy of title insurance.
VI. CLOSING DATE: This transaction shall be closed and the warranty deed and other
closing papers delivered on or before September 30, 1995, unless extended by other
provisions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ~
feet in width as to the side lines, unless otherwise specified herein); taxes for year of
closing and subsequent years; assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the foregoing and none of them
prevents the use of Real Property for residential purpose.
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to
Standard F. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all
risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Property in their
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
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I
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
X. ASSIGNABILITY: Buyer may not assign Contract.
XI. SPECIAL CLAUSES: ~
A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
--
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder
("Regulations"), shall be required to withhold such amount as is necessary to comply with the
Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly completed remittance forms. If, however, on or before closing, Seller provides
Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-
Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that the Withholding Document furnished by Seller is false, as determined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the amount so
withheld to the Internal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing
of an application for a Withholding Document with the Internal Revenue Service and gives
notice of such pursuant to the Regulations to Buyer and said application is still pending as of the
date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any
amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
determination is made regarding said application at which time said amount shall be disbursed in
accordance with said fmal determination.
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding
obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to
satisfy the withholding obligation. In the event Buyer determines after the closing that the
Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to
withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have
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the authority to withhold from any additional amounts due to Seller in accordance with the
Regulations, all or such portion of said additional amount due to Seller as Buyer deems
necessary to comply with Section 1445 and to remit the amount so withheld and report such
information as required under the Regulations to the Internal Revenue Service.
C. This contract is contingent upon the CITY OF DELRA Y BEACH'S City
Commission approving this Contract within twenty-one (21) days following its execution by the
Seller.
D. The parties warrant and agree that there is no broker involved in this transaction.
E. The soil, surface water, drainage requirements and runoff availability, geological
conditions, and environmental state of the property being purchased must be acceptable to Buyer
in Buyers' discretion. This shall be determined by test boring and other soil, geological and
engineering studies which may be conducted by Buyer at Buyer's expense within the time
permitted for delivery of evidence of title herein. Notice of the result of such testing shall be
furnished to Seller. During the term of this Contract, the Buyer, or Buyer's employees, agents,
representatives, or assigns, shall have full and complete right to enter upon the property for the
purpose of making any and all inspections, tests and studies of the property. In the event said
conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the
right to cancel this Agreement and receive a refund of all deposit monies paid hereunder.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (I) An abstract of title prepared or brought current by a reputable and
existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through
Effective Date and which shaH commence with the earliest public records, or sµch later date as may be customary in the county.
Upon closing of this transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first
mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to
Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring
Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those
which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens,
encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable
Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5
days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3
days, notifY Seller in writing specifYing defect(s). If the defect(s) render title unmarketable, SeHer will have one hundred twenty
(120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either
accepting the title as it then is or demanding a refund of deposit(s) paid which shaH immediately be returned to Buyer; thereupon
Buyer and Seller shall release one another of all further obligations under the Contract. Seller will, if title is found unmarket-
able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits.
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase
money mortgage and mortgage note to Seller shaH provide for a 3D-day grace period in the event of default if a first mortgage
and a I5-day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without
penalty; shall permit acceleration in event of transfer of the Real Property; shaH require all prior liens and encumbrances to be
kept in good standing and forbid modifications of or future advances under prior mortgage(s); shaH require Buyer to maintain
policies of insurance containing a standard mortgagee clause covering all improvements located on the Real Property against fire
and all perils included within the term "extended coverage endorsements" and such other risks and perils as Seller may
reasonably require, in an amount equal to their highest insurable value; and the mortgage, note and security agreement shall be
otherwise in form and content required by Seller; but Seller may only require clauses and coverage customarily found in
mortgages, mortgage notes, and security agreements generaHy utilized by savings and loan institutions or state or national banks
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located in the county wherein Real Property is located. All Personal Property and leases being conveyed or assigned will, at
Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage,
the final payment will exceed the periodic payments thereon.
C. SURVEY: Seller, at Seller's expense, within time allowed to deliver evidence of title and to examine
same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real
property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any
restrictions, agreement covenants or applicable govell}JIlental regulation, the same shall constitute a title defect.
D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine
same, may have Real Property inspected by a Florida Certified Pest Control Operator to determine if there is any visible active
termite infestation or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer
will have 4 days from date of written notice thereof, within which to have all damages. whether visible or not, inspected and
estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2%
of purchase price. Should such costs exceed that amount, Buyer shall have the option of canceling Contract within 5 days after
receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in
which event Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in
excess of 2% of the purchase price. "Termites" shall be deemed to include all wood destroying organisms required to be
reported under the Florida Pest Control Act. - -
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the real
property sufficient for the intended use as described herein, title to which is in accordance with Standard A.
F. LEASES: Seller shall, not less than fifteen (15) day.s before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates,
advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same
information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may
thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further
attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing.
If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed
by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names
of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements
or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing.
H. PLACE OF CLOSING: Closing shall be held in the county where real property is located, at the office
of the attorney or other closing agent designated by Seller.
I. TIME: Time is of the essence of this contract. Time periods herein of less than six (6) days shall in the
computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which
shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
J. DOCUMENTS FOR CLOSING: Seller shall furnish warranty deed, bill of sale, mechanic's lien
affidavit, assignments of leases, tenant and mortgagee estoppel letters, corrective instruments, and closing statement. Buyer shall
furnish mortgage, mortgage note, security agreement, and financial statements.
K. EXPENSES: Documentary stamps on the warranty déed and recording corrective instruments shall be
paid by Seller. Recording warranty deed shall be paid by Seller.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and
revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing
policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing.
Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller.
Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead
and other exemptions. If .closing occurs at a date when the current year's milage is not fixed, and current year's assessments is
available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not
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.'
available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January
1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated
based upon t~e prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an infonnal assessment taking into consideration available exemptions. Any
tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill
on condition that a statement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT LÅ“NS: Certified, confinned and ratified special assessment liens as of date
of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer.
If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified,
confinned or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the
improvement by the public body.
N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of ten (10) days prior to
closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE
of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and
machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an
appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing
to Seller such items that do not meet the above standards as to defects together with the cost of correcting th!;I!1, prior to Buyer's
occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that
time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required,
Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida
licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price,
Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct
the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide
utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not
limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be pennitted
access for inspection of property prior to closing in order to confinn compliance with this standard.
O. RISK OF LOSS: If the property is damaged by fire or other casualty before closing and cost of
restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller
and closing shall proceed pursuant to the tenn so the agreement with restoration costs escrowed at clòsing. If the cost of the
restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of
either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss
or damage, or of cancelling the agreement.
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of
funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or
charge which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in
escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and
after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period,
notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If
Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be
returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey
it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all
rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed. If a portion or the purchase price is to be derived from institutional financing or refinancing, requirements of the lending
institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over
contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it
will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow
and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section
627.7841, F.S. (1993), as amended.
Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by
acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with
tenns and conditions of contract. Failure of clearance of funds shall not excuse Buyer's perfonnance. If in doubt as to Agent's
duties or liabilities under the provisions of contract. Agent may, at Agent's option, continue to hold the subject matter of the
escrow until the parties mutually agrée to its disbursement, or until a judgment of a court of competent jurisdiction shall
detennine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute.
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,
Upon notifYing all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of
accounting for any items previously delivered out of escrow. If a licensed real'estate broker, Agent will comply with provisions
of Chapter 475, F.S. (1993), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as
Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable
attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing
party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to
this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent.
R. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified,
Buyer and Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make
Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance without thereby waiving any action for damages resulting from Seller's breach.
S. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this contract nor any
notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their
successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given
by or to the attorney for any party shall be as effective as if given by or to that party.
T. CONVEYANCE: Seller shall convey title to the real property by way of Warranty Deed subject only to
matters contained in Paragraph VII and those otherwise accepted by Buyer.
U. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon
Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or parties intended to be bound by it.
V. WARRANTIES: Seller warrants that there are no fact~ known to Seller materially affecting the value of
the real property which are not readily observable by Buyer or which have not been disclosed to Buyer.
BUYER: SELLERS:
City of Delray Beach, Florida Jose L. Salas
By: BY:~~~~
Thomas Lynch, Mayor
ATTEST: Antonia Salas
City Clerk By: ()~~;r1'/ //. Æ:.¡J..<l. .
Approved as to Form:
City Attorney
-7-
.
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this ~ day of ~ ,
1995, by JpSE L. SALAS, who is personally known to me or who has produced.
~¿r~ CøvLCl (type of identification) and who did (did not) take
. an oath. S ~D 4 ~ 1P7 cllt?lv 0 -m~~U' :)YLf..J19.-~
Signature 0 otary Pubhc-
State of Florida
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County of Palm Beach
The foregoing instrument was acknowledged before me this 2k day of ~, '
1995, by ANT~:AS, who is personally known to me or who has oroducçd
~~ '13 8 ;;¡~ (type of identification) and~ÿ;; oath.
~~ - ~
Signature of ary Public-
S\,~uw~~~ State of Florida
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-8-
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!)'Jt(
SUBJECT: AGENDA ITEM i /0 is - MEETING OF AUGUST 15. 1995
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 47-95
(COMPREHENSIVE PLAN AMENDMENT 92-3)
DATE: AUGUST 10, 1995
This is second reading and public hearing for Ordinance No. 47-95
which adopts Comprehensive Plan Compliance Agreement Amendment 92-3
as a remedial amendment to the Comprehensive Plan in accordance
with the provisions of the Stipulated Settlement Agreement between
the City and the Florida Department of Community Affairs.
The Compliance Agreement Amendment deletes Traffic Element Goal
Area IIE" , including all of the objectives and policies under the
goal area. New legislation, under which staff is establishing the
Transportation Concurrency Exception Area (TCEA) for the downtown,
has made this goal area irrelevant. The TCEA will be included with
Comprehensive Plan Amendment 95-2.
At first reading on August 8, 1995, the Commission passed the
ordinance by a vote of 4 to O.
Recommend approval of Ordinance No. 47-95 on second and final
reading.
~ 5-0
ref:agmemo5
·
o.~
P?V(
CITY COMMISSION DOCUMENTATION
TO:
FROM:
SUBJECT: MEETING OF AUGUST 1, 1995
ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 92-3
FIRST READING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of holding the required
public hearing and adopting Comprehensive Plan Amendment 92-3.
BACKGROUND:
Adopted Comprehensive Plan Amendment 92-2 was found not to be in
compliance with State statutes and rules by the Florida Department of
Community Affairs (DCA). As a result of negotiations with the DCA, a stipulated
settlement agreement was reached describing the changes required to Plan
Amendment 92-2 to bring the Comprehensive Plan into compliance with State
statutes and rules. The agreement was approved by the City Commission on
June 6, 1995 and has been executed by all parties.
Under the provisions of the agreement, the City will adopt a remedial
amendment to its Comprehensive Plan. The Compliance Agreement
Amendment, as specified in the agreement, deletes Traffic Element Goal Area
"E", including all of the Objectives and Policies under the goal area. This goal
area described the '. designation of a interim Transportation Concurrency
Management Area (TCMA) for the downtown. A number of implementing
objectives and policies were included to control and monitor downtown
development and traffic level of service until a Transportation Mobility Element
(TME) could be completed. New legislation, under which staff is establishing the
Transportation Concurrency Exception Area (TCEA) for the downtown has made
this goal area irrelevant. The TCEA will be included with Comprehensive Plan
Amendment 95-2. This amendment (92-3), is not subject to the twice yearly
limitation for amendments.
RECOMMENDED ACTION:
By motion, adopt Comprehensive Plan Amendment 92-3 on first reading, with
appropriate public hearing scheduled for August 15, 1995.
Attachments:
* Draft ordinance, with exhibit
* Stipulated settlement agreement with DCA
JOB
·
,
ORDINANCE NO. 47-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPLIANCE !
AGREEMENT PLAN AMENDMENT 92-3 PURSUANT TO THE
PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATION ACT", I
FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, I
INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN I
EXHIBIT "A" ENTITLED "COMPLIANCE AGREEMENT 92-3 PLAN I
AMENDMENT" AND INCORPORATED HEREIN BY REFERENCE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the i
provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government:
Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled
"Comprehensive Plan - Delray Beach, Florida"; and I
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an!
amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 92-2"; and I
I
WHEREAS, the City Commission, following due public notice, held a public hearing on I
December 8, 1992, in accordance with the requirements of the "Local Government Comprehensive Planning :
and Land Development Regulation Act"; and I
WHEREAS, after the above referenced public hearing, the City Commission adopted'
Comprehensive Plan Amendment 92-2 by Ordinance 63-92; and
WHEREAS, following City Commission approval, Comprehensive Plan Amendment 92-2 was
transmitted to the Department of Community Affairs for required review; and I
I
WHEREAS, on February 22, 1993, the State Department of Community Affairs issued a notice I
of intent to find Comprehensive Plan Amendment 92-2 to not be in compliance; and
WHEREAS, the City and the State Department of Community Affairs entered into a stipulated
settlement agreement which requires the City to adopt the compliance agreement plan amendment attached
hereto as Exhibit "A".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF :
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
!. ¡
i'
,
.
Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its !
intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 I
through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation
Act" .
Section 2. That in implementation of its declared intent as set forth in Section 1 of this
ordinance, there is hereby adopted the document entitled "Compliance Agreement Plan Amendment 92-3",
which is attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby i
amended pursuant to the document entitled "Compliance Agreement Plan Amendment 92-3".
Section 4. That should any section or provision of this ordinance or any portion thereof, any :
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall I
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be .
invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 6. That this ordinance shall become effective immediately upon issuance of a final .
order determining the adopted amendment to be in compliance in accordance with Florida Statutes Section :
163.3184(9), by the State Department of Community Affairs, or until the Administration Commission issues a !
final order determining the adopted amendment to be in compliance in accordance with Florida Statutes Section ;
163.31884(10). !
I
PASSED AND ADOPTED in regular session on second and final reading on this the 15 th day !
of Auqust , 1995. ~. :
ATTEST: MA~
Ot.Nm'llft- !iÜfi7I1o.7i¡- I
i
I
City Clerk I
First Reading August 8, 1995 i
Second Reading August 15, 1995
I
!
dca.ord
2 ORD NO. 47-95
EXHIBIT "A"
COMPREHENSIVE PLAN COMPLIANCE AGREEMENT AMENDMENT 92-3
TRAFFIC ELEMENT
Location: Pg. III-C-31, GOAL AREA liE" in its entirety
GOAL AREA "E" IT IS A GOAL OF THE CITY TO PROVIDE FOR THE
IMMEDIATE DESIGNATION OF AN INTERIM
TRANS PORTA TION CONCURRENCY MANAGEMENT
AREA (TCMA) UNTIL SUCH TIME AS A
TRANSPORTATION MOBILITY ELEMENT (TME) IS
ADOPTED BY A COMPREHENSIVE PLAN AMENDMENT.
THE TME SHALL BE TO PLAN FOR A MUL TI-MODAL,
MUL TI-OPTIONAL TRANSPORTATION SYSTEM WHICH
PLACES LESS EMPHASIS ON ACCOMMODATING THE
SINGLE-OCCUPANCY VEHICLE AND WHICH
ENCOURAGES THE DEVELOPMENT OF COMPACT,
NON-AUTOMOBILE ORIENTED URBAN AREAS,
PROMOTES ENERGY EFFICIENT DEVELOPMENT
PATTERNS, PROTECTS AIR QUALITY, AND PROVIDES
FOR THE MORE EFFICIENT MOBILITY OF RESIDENTS,
VISITORS, AND GOODS. [9J-5.0057(7)(b)]
Objective E-1:
In order to access the flexibility allowed in establishing levels of service
standards and toward the goal of establishing a convenient, energy efficient,
multi-modal transportation system which compliments the proposed land use
pattern, and while preparing a Transportation Mobility Element (TME) addressing
the entire jurisdiction, the City Commission hereby designates the area
described in the ''Village Center" development scenario, Figure L-8 in the Future
Land Use Element, as an interim Transportation Concurrency Management Area
(TCMA). This interim TCMA designation shall be effective for a maximum period
not to exceed thirty-six months from December 8. 1992 during which time a TME
shall be prepared and adopted. [9J-5.0057(7)(a)]
Policy E-1.1 : The interim TCMA designated within Delray Beach shall
automatically become null and void if the Delray Beach City Commission does
not adopt a TME as a comprehensive plan amendment within the time frame
prescribed by Objective E-1. [9J-5.0057(7)(a)]
Policy E-1.2: The levels of service standards established for the interim TCMA
shall be valid for no longer that the time frame prescribed by Objective E-1.
Should the City fail to adopt a TME within the time frame prescribed by Objective
E-1, the levels of service standards established for the interim TCMA's shall
automatically be rescinded and the level of service standard in place for
development not in the TCMA shall take affect. [9J-S.OOS7(7)(a)]
Policy E-1.3: The City Commission shall have the authority to impose specific
limits on the amount of development permitted within the interim TCMA and such
limits shall be valid for no longer than the time period prescribed by Objective E-
1. Said limits of development shall be as defined in Table L-2a of the Future
Land Use Element. [9J-S.OOS7(7)(a)]
Policy E-1.4: The Planning Department shall prepare monitoring status reports
on a six month basis. Said reports will reflect changes in the amount of
proposed, approved, built and total existing conditions relative to land use
density and intensity in the TCMA. [9J-S.OOS7(7)(b)]
Policy E-1.5: The impacts of trips generated by development within the TCMA
will be measured against the levels of service for TCMA and Gateway roads
shown in Table 6 of the Traffic Element. The impact of trips from all other
development with traffic impacts on TCMA and/or Gateway roads will be
measured against the general levels of service as defined in Objective B-1. All
road LOS determinations shall be made on both a daily and peak hour basis.
[9J-S.OOS7(S)(c)1 ]
Policy E-1.6: Developments within the TCMA shall use the existing grid system
of streets within the TCMA and surrounding downtown area for traffic distribution
purposes.
Policy E-1.7: For mass transit facilities located within the Downtown interim
TCMA, the level of service standards shall be as established in the County
Comprehensive Plan. [9J-S.OOS7(S)(c)1]
Policy E-1.8: The specific limits on the amount and type (by land use) of
development permitted within the Downtown interim TCMA shall be as
established in the ''Village Center" development scenario as defined in Table L-
2a of the Future Land Use Element. [9J-S.OOS7(7)(b)]
Policy E-1.9: The Traffic Engineer of Delray Beach shall set up a monitoring
program to track new development approvals within the boundaries of the
Downtown Interim TCMA. The sum of the new development approvals shall be
compared to the land use intensities in Table L-2a. The Traffic Engineer shall
submit a report to the office of the Planning Director every six months comparing
the sum of new development approvals to the quantities in said Table.
Page 2
. .
"
Objective E-2
In order to assure intergovernmental coordination, the City shall coordinate the
designation of the interim TCMA with other entities.
Policy E-2.1: Pursuant to County Comprehensive Plan requirements, prior to
the time the City transmits a comprehensive plan amendment designating one or
more interim TCMA's, the City shall petition the Board of County Commissioners
(B.C.C.) to establish interim level of service standards for collector or arterial
road links and gateway road links that are not the responsibility of the City
pursuant to County Traffic Element Objective 13.
Policy E-2.2: The City Commission accepts the authority of the Board of County
Commissioners to impose conditions upon the approval of any interim level of
service standard which impacts a road not under City jurisdiction, including but
not limited to, monitoring and status reports, phasing requirements, roadway
improvements, bikeway and pedestrian system improvements, and
Transportation Demand Management (TDM) and Transportation System
Management (TSM) measures.
Objective E-3
Within thirty-six (36) months atter the adoption of comprehensive plan
amendment setting an interim TCMA, the City Commission shall adopt a
Transportation Mobility Element (TME). The TME shall provide for a safe,
convenient and energy efficient multi-modal transportation system. The TME
shall meet the provisions of the applicable state statutes and administrative
rules, and requirements of Palm Beach County. [9J-5.0057(5)(b)1)
Policy E-3.1: In the development of its TME, Delray Beach shall establish level
of service standards during the peak hour for roads and transit facilities within its
jurisdiction atter consultation with the Florida Department of Transportation, the
County, and any affected local governments. [9J-5.0057(5)(b)1]
Policy E-3.2: In the development of its TME, Delray Beach shall provide for the
control of connections and access points of driveways and roads to roadways.
[9J-5.0057(5)(c)2]
Policy E-3.3: In the development of its TME, Delray Beach shall establish
parking strategies that will promote use of alternatives to the single-occupant
automobile. This Policy should be coordinated with the City Parking
Management Team. [9J-5.0057(5)(c)3]
Page 3
Policy E-3.4: In the development of its TME, Delray Beach shall establish
strategies to promote bicycles and pedestrian activities. [9J-5.0057(5)(c)5]
Policy E-3.5: In the development of its TME, Delray Beach in cooperation with
Palm Beach County shall establish strategies to achieve or maintain clean air
quality, promote energy conservation and efficiency, and reduce the number of
vehicle trips typically expected to be generated by new development or
redevelopment. [9J-5.0057(5)(c)6]
Policy E-3.6: In the development of its TME, Delray Beach shall establish
Transportation Demand Management (TDM) programs to modify peak hour
travel demand and reduce the number of vehicle miles traveled per capita within
the City, County and region. [9J-5.0057(5)(c)7]
Policy E-3.7: In the development of its TME, Delray Beach shall establish
Transportation System Management (TSM) strategies as appropriate to improve
system efficiency and enhance safety. [9J-5.0057(5)(c)8]
Objective E-4:
Within the time frame prescribed by Objective E-1, Delray Beach shall coordinate
the transportation network with the future land uses shown on the future land use
map in order to direct intensive development to the TCMA and ensure that
existing and proposed densities, housing and employment patterns, and land
use relationships and intensities within the TCMA will support the transportation
modes and services proposed to serve the TCMA. [9J-5.0057(5)(b)2]
Policy E-4.1: Delray Beach shall establish site and building design standards
for development around fixed rail transit stops in order to assure the accessibility
of new developmeot within TCMA's to fixed rail transit vehicles. [9J-
5.0057(5)(c)10]
Policy E-4.2: Delray Beach shall establish numerical indicators against which
the achievement of mobility goals can be measured. Such indicators could
include modal split, annual transit trips per capita, automobile occupancy rates,
number of pedestrians and bicyclists. [9J-5.0057(5)(c)11]
Objective E-5
Within the time frame prescribed by Objective E-1, Delray Beach shall coordinate
the transportation network with the plans and programs of any applicable Palm
Beach County Metropolitan Planning Organization, County, County Public
Transit Authority, Florida Department of Transportation's (FDOT's) Adopted Work
Program, affected local governments, affected redevelopment agencies, and
affected special districts with transportation powers. [9J-5.0057(5)(b)3]
Page 4
.
Policy E-5.1: Delray Beach shall continue its application and enforcement of
Traffic Element policy A-2.2 requiring acquisition, preservation, or protection of
existing or future transportation rights-of-way and corridors designated in Table
T -4 of this Element. [9J-S.OOS7(S)(c)4]
Policy E-5.2: Delray Beach shall coordinate roadway and transit service
improvements with the future needs of seaports, airports, and other related
public transportation facilities. [9J-S.OOS7(S)(c)9]
Policy E-5.3: Delray Beach shall establish strategies, agreements and other
mechanisms with County, regional and state agencies that demonstrate the area
wide coordination necessary to implement the transportation, land use, parking
and other provisions of the transportation mobility element. [9J-S.OOS7(S)(c)12]
Policy E-5.4: Delray Beach shall provide for the coordination between the
transportation mobility element's goals, objectives and policies and the capital
improvements identified in Rule 9J-S.016, F.A.C. the TME shall also be
coordinated with the Capital Improvements Element of this Plan. [9J-
S.OOS7(S)(c)13]
Policy E-5.5: Delray Beach shall establish strategies to encourage local traffic
to use alternatives to the Florida Intrastate Highway System to protect its
interregional and intrastate functions. This policy shall be considered partially
satisfied by the creation of the Downtown TCMA. [9J-S.OOS7(S)(c)14]
Objective E-6
Within the time frame prescribed by Objective E-1, Delray Beach, in coordination
with designated transit and paratransit providers, shall address the provision of
efficient mass transit and paratransit services based upon existing and proposed
major trip generators and attractors, safe and convenient mass transit terminals,
and accommodation of the special needs of the service population and
transportation disadvantaged. [9J-S.OOS7(S)(b)4]
Policy E-6.1: Delray Beach shall establish level of service standards at peak
hour for transit facilities within the City after consultation with the Florida
Department of Transportation, and the transit and paratransit providers. [9J-
S.OOS7(S)(c)1]
Policy E-6.2: Delray Beach shall establish numerical indicators against which
the achievement of mobility goals can be measured. Such indicators could
include modal split, annual transit trips per capita, automobile occupancy rates,
and numbers of pedestrians and bicyclists. [9J-S.OOS7(S)(c)11]
Page 5
,
.
Change: DELETION
COMMENT: The goal area is deleted in response to provisions of a Stipulated
Settlement Agreement between the City and DCA.
Page 6
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM it I~·Â - MEETING OF AUGUST 15. 1995
FIRST READING FOR ORDINANCE NO. 48-95 (MODIFYING THE
COMMUNITY REDEVELOPMENT PLAN)
DATE: AUGUST 11, 1995
This is first reading for Ordinance No. 48-95 which modifies the
Community Redevelopment Plan for the City of Delray Beach. The
proposed amendments to the plan were reviewed by the Commission on
August 8, 1995. .
The Planning and Zoning Board considered this matter on June 19,
1995, and voted unanimously to recommend that the amendments to
the Community Redevelopment Plan be adopted.
Recommend approval of Ordinance No. 48-95 on first reading. If
passed, a public hearing will be held on September 5, 1995.
5/0
f~
ref:agmem09
,
.
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ORDINANCE NO. 48-95 I
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
I
DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY I
I
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, I
I
FLORIDA, IN ITS ENTIRETY¡ FINDING THAT THE i
I
MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT I
ACT OF 1969, AS AMENDED; FINDING THAT THE ,
i
MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY I
BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER !
I
,
FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF i
I
FLORIDA STATUTES SECTION 163.360(6) (7); PROVIDING A I
GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN ~
EFFECTIVE DATE. I
I
WHEREAS, the City Commission of the City of Delray Beach,
Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a
Community Redevelopment Agency as provided in Florida Statutes Section
163.356¡ and
WHEREAS, on December 23, 1986, the Board of County ,
Commissioners of Palm Beach County passed and adopted Resolution No.
R-86-2003 delegating the exercise of the powers conferred upon the
County by Chapter 163, Part 3, Florida Statutes, within the boundaries
of the City of Delray Beach to the governing body of the City of
Delray Beach completely and without limitation; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, has heretofore approved a Community Redevelopment Plan on
September 9, 1986, by Resolution No. 49-86 as subsequently amended on
November 24, 1987, by Resolution No. 47-87, and as further ratified
and amended on February 14, 1989, by Resolution No. 6-89, and as
further ratified and amended on September 25, 1990, by Resolution No.
86-90¡ and as further ratified and amended on April 9, 1991, by
Resolution No. 28-91; and as further ratified and amended on November
26, 1991, by Resolution No. 93-91; and as further ratified and amended
on May 26, 1992, by Ordinance No. 17-92¡ and as further ratified and
amended on December 1, 1992, by Ordinance No. 60-92¡ and as further
ratified and amended on February 22, 1994, by Ordinance No. 5-94¡ and
WHEREAS, the Community Redevelopment Agency of the City of
Delray Beach, Florida, hereinafter referred to as the "CRAil, has
heretofore adopted a Community Redevelopment Plan; and
WHEREAS, the CRA is desirous of modifying said Plan in its
entirety to account for certain changes which have occurred since the
last amendment of the Plan, to account for modification or completion
of project components, and to provide for the addition of several new
programs to the Plan; and
.
.. .
I
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Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
!
MAY 0 R
ATTEST:
City Clerk . I
First Reading
I
Second Reading
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i
!
- 3 - Ord. No. 48-95
.
[IT' OF DELRA' IEA[H
DElRA Y BEACH
, lOR I D Ao
tw.e.d 100 N,W, 1 st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AII·America City
, 1111! MEMORANDUM
1993
DATE: August 11, 1995
TO: City Commission
FROM: David T. Harden, City Manager
SUBJECT: Bud~et Adoption Schedule
Since I plan to be attending the International City Management Association Conference
on September 19, there was discussion at the last City Commission meeting about the
possibility of moving the second reading of the budget to either September 12 or
September 26.
The budget advertising requirements under State Law, allow a maximum separation
between the first and second reading of the budget of 20 days. Therefore, it would be
impossible to have the first reading on September 5 and the second reading on September
26.
We also considered the possibility of rescheduling the first reading from September 5 to
September 12. However, the September 5 date has been given to the Property
Appraiser's Office for inclusion on the preliminary tax notice mailed to all property
owners in the City. In order to change the September 5 date, we would need to
individually renotify every property owner in the City of Delray Beach.
It would be possible to make September 12 our second regular scheduled meeting for
September and have the second reading on that date. (Our Charter requires that final
adoption of the budget take place at the second regular meeting in September.)
As I indicated at the last Commission meeting, the second reading of the budget is almost
always non-controversial. Bob Barcinski and other staff members will be here to answer
any questions which may be raised. Therefore, I recommend that the Commission
proceed as originally scheduled and have the second reading and final adoption of our
budget on September 19, even though I do not expect to be present.
DTH/mld
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS /3./J./.
. .