02-11-92 Regular
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CITY OF DELRAY BEACH. FLORIDA - CI~; COMMISSION
REGULAR MEETING - FEBRUARY 11. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer
comments. However, as a general rule, the order of presentation
shall be as follows: City Staff, comments by the public,
Commission discussion and official action. City Commission
meetings are business meetings and as such, the Commission retains
the right to limit discussion on any issue. In most cases remarks
by an individual will be limited to three minutes or less (10
minutes for group presentations). The Mayor or presiding officer
may adjust the amount of time allocated at his/her discretion.
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 thi s
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,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you corne up to
the podium to make your comments, kindly complete 1;::he 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, for the record, your name and
address. All comments will 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 from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
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"Ci ty Commission
Regular Meeting
2/11/92
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APPELLATE PROCEDURES
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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 or hearing, such persons will need a record
of these proceedings, and for this purpose such persons may need to
ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
to be based. The City does not provide or prepare such record.
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AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Regular Meeting minutes of January 14, 1992
and January 21, 1992 and Special Meeting minutes of January 7,
1992 and January 23, 1992.
6. Proclamations:
A. Disabled American Veteran's Chapter 152, "Forget Me Not" Day
- February 13, 1992.
B. Atlantic Lodge #217/Boynton-Delray Lodge #206 - Pythian
Founders Day - February 19, 1992.
C. American History Month - February 1992.
D. PTA Week - February 16, 1992 through February 22, 1992.
E. Shrine Hospital Days - February 20, 1992 through March 1,
1992.
~~(\1000J @ Children's Dental Health Month - February 1992.
Calling for First Nonpartisan Election - March 10, 1992.
\ H. Calling for Special Election - March 10, 1992.
7. Presentations:None.
8. Consent Agenda: City Manager recommends approval.
A. CHANGE ORDER NO. 3/B.K. MARINE CONSTRUCTION. INC. :
Approve Change Order No. 3 which extends the contract completion
date by 20 days for the Veteran's Park Bulkhead Replacement and
Marginal Dock project.
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City Commission
Regular Meeting
2/11/92
B. AUTHORIZATION TO EXPEND FUNDING FROM THE FEDERAL FORFEITURE
ASSETS FUND: Authorize staff to expend funding in an amount
not to exceed $2,500 from the Federal Forfeiture Assets Fund
(Account No. 115-2112-521-34.11) in order to purchase supplies
to initiate the Citizens Police Academy program.
C. AUTHORIZATION FOR PALM BEACH COUNTY SUPERVISOR OF ELECTIONS
TO HANDLE/CANVASS ABSENTEE BALLOTS AND REPRESENT THE CITY AT
LOGIC AND ACCURACY TESTS FOR FIRST NONPARTISAN AND SPECIAL
ELECTION: Authorize Supervisor of Elections to
handle/canvass the City's absentee ballots and represent the
City's canvassing board at L&A tests for the March 10, 1992
election.
D. APPROVAL OF PAYMENT AGREEMENT: Approve a payment
agreement for the collection of outstanding accounts receivables
due to the City.
E. RENEWAL OF EMPLOYEES ASSISTANCE PROGRAM CONTRACT: Approve
the renewal of the agreement with Human Affairs International
for the Employees Assistance Program through September 30, 1992
in the amount of $16,983 with funding from Employee Assistance
Program (Account No. 001-555-1575-591-34.89).
F. REOUEST FOR FINAL PAYMENT/POST. BUCKLEY. SCHUH AND
JERNIGAN: Approve the request for final payment in the amount
of $798.16 to PBS&J for services performed prior to the
termination of Service Authorization No. 15, "Master Wastewater
Pump Station Improvements - Veteran's Park.
G. AMENDMENT NO. 2 TO SERVICE AUTHORI ZATION NO. 4/CH2M HILL:
Approve Amendment No. 2 to Service Authorization No. 4 in the
amount of $31,176 for additional engineering services during
design and construction of water and sewer services for former
enclave areas.
H. AMENDMENT TO ADDENDUM NO. 6/CH2M HILL: Approve an
amendment to Addendum No. 6 in the amount of $19,596 for
additional engineering services in conjunction with the
Emergency Wellfield Remediation project.
I. APPROVAL OF SURVEY SERVICES CONTRACT: Approve a standard
contract for surveying services with Survey South.
J. AUTHORIZATION TO JOIN IN LAWSUIT: Authorize staff to join
in a lawsuit with other municipalities and individuals in
seeking to enjoin and/or invalidate the election on the proposed
Charter Amendment concerning the County-Wide Growth Management
Land Use Authority and to retain the law firm of Jones and
Foster to represent the City.
K. APPROVAL OF AGREEMENT BETWEEN THE CITY AND PALM BEACH
COUNTY SCHOOL BOARD: Approve an agreement between the City
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City Commission
Regular Meeting
2/11/92
and School Board for joint project participation in construction
of sanitary sewer improvements within the right~of-way of
Barwick Road.
L. MUTUAL AID AGREEMENT: Approve a mutual aid agreement for
the establishment of a Multi-Jurisdictional Roadway Sobriety
Checkpoint Task Force.
M. AUTHORIZATION TO INITIATE REZONING ACTION: Authorize
staff to initiate rezoning action from R-1A (Single Family
Residential) to CF (Community Facilities) for the American
Legion located on the southwest corner of N. W. 8th Avenue and
Martin Luther King Boulevard.
N. AUTHORIZATION TO INITIATE ANNEXATION ACTION: Authorize
staff to initiate annexing action with initial City zoning of
MH (Mobile Home) zoning district for the Highland Mobile Home
Park located on the northwest corner of Barwick Road and
Atlantic Avenue.
O. FINAL PLAT APPROVAL: Approve the Groves of Delray Plat
No.1, (boundary) plat for Lots 23-28, Block 5, of the
Southridge Subdivision .located on the northeast corner of S. W.
8th and Douglass Avenues.
P. RESOLUTION NO. 20-92: A resolution abandoning a portion
of a 12 foot foor utility, drainage and limited access easement
located within Lot 29, Block 1, Foxpointe (Hamlet Subdivision).
Q. RESOLUTION NO. 21-92: A Resolution assessing the cost for
abating nuisances on 32 properties located within the City.
R. AWARD OF BIDS AND CONTRACTS:
1. Road Reconstruction Project .part A - Tropic Isle, Iris
Drive, Spanish Trail and Avenue L - Weekly Asphalt and
Paving, Inc., in the amount of $151,974 with funding from
Decade of Excellence Bond Issue (Account No.
225-3162-541-61.17).
2. Stormwater Drainage Improvements (Phase I) - N. E. 8th
Street/Palm Trail, N. E. 2nd Street/N. E. 4th Avenue, S. E.
8th Street, - A.O.B. Underground, Inc. in the amount of
$47,130 with funding from Stormwater Utility - Drainage
Phase I (Account No. 448-5411-538-62.16).
3. Toro Fairway Aerator - Municipal Golf Course - Hector
Turf (GSA Contract) in the amount of $17,714.43 with
funding from Municipal Golf Course Equipment Other (Account
No. 445-4761-572-60.89).
4. Snap-Tite "TPX" fire hose (2,600 feet)- Fire Department
- Snap-Tite Hose, Inc. in the amount of $14,300 with
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'City Commission
Regular Meeting
2/11/92
funding from Fire EMS Operations/Pumps and Hoses (Account
No. 001-2315-526-60.88).
9 . Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting actions and decisions made by the
6,0 Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period January
20, 1992 through February 7, 1992. '
B. ORDINANCE NO. 88-91: An Ordinance rezoning Lots 23-28,
Block 5, Southridge Subdivision from R-1A (Single Family
6,,0 Residential) to RM (Medium Density Residential) zone' district.
Planning and Zoning Board recommends approval (3-2 vote) subject
to conditions. Public Hearing opened and closed on 12/10/91.
C. CONDITIONAL USE REOUEST: Consider a request for
{\ppeouW conditional use approval to establish a Bingo Hall in the
Jd'JL Points West Plaza located on West Atlantic Avenue, west of
uJ\ A- Military Trail. Planning and Zoning Board recommends approval
C-onDlllo()'S subject to conditions. Ap 3-.;) lLYf1c.l\ 't-- HnD/2.CC-WS) -
D. DETERMINATION OF APPROPRIATENESS OF BOARDWALKS AT NATURE
3 -;) PRESERVE: Consider a request from Mr. Swaim for a
c.OfrfAc.:~I(\O ~ determination of the appropriateness of constructing boardwalks
7' on the Florida Inland Navigation District (FIND) property
fJ-nD~ located on the east side of the Intracoastal Waterway
fjlpU:/fl approximately one-quarter mile south of the Anchorage
dlsSWT subdivision. ~ol In pr+Lbe of fuA-eDWFtu:::5 ~ Do PLU3UC- Ilc.CES5
E. REOUEST FOR SPECIAL CONSIDERATION TO REVIEW PLANNING AND
ZONING BOARD ITEMS: Consider a request for special
consideration to review Planning and Zoning Board items to be
heard at their February 24, 1992 meeting at the regular
commission meeting of February 25, 1992.
F. SCHEDULING FOR DECADE OF EXCELLENCE PROJECTS: Consider a
.6 /0 request from staff to move money between the first and second
issues. of the Decade of Excellence Bond Issue and to reallocate
funding to various projects. City Manager recommends approval.
G. SERVICE AUTHORIZATION NO. 6/HAZEN AND SAWYER: Approve
Service Authorization No. 6 in the amount of $198,700 for
engineering services in conjunction with the South Water
t!.....0 Reservoir Rehabilitation program with funding from Water and
J Sewer Renewal and Replacement Fund - South Reservoir
Rehabilitation (Account No. 442-5178-536-61.80. City Manager
recommends approval.
H. SERVICE AUTHORIZATION NO. 2/DAVID MILLER: Approve Service
Authorization No. 2 to the contract with David Miller for
I" 0 architectural services in conjunction with the renovations of
~- the City Attorney's Office with funding from 1987 Utility Tax -
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City Commission
Regular Meeting
2/11/92
Renovate City Attorney's Office (Account No.
333-1651-514-61.50). City Manager recommends approval.
I. CONTRACT. FOR ARCHITECTURAL SERVICES/SERVICE AUTHORIZATION
NO. 1/ROBERT WALTERS: Approve a contract for architectural
~ -" I services and Service Authorization No. 1 to the contract with
~ Robert Walters for renovations at Fire Station No. 3 (Linton
~nD ({;,of Boulevard) with funding from Decade of Excellence Bond Issue -
dJsS Fire Station No. 3 Renovation (Account No. 225-2311-521-61. 59).
City Manager recommends approval.
J. SERVICE AUTHORIZATION NO. 17B/POST. BUCKLEY. SCHUH AND
JERNIGAN: Approve Service Authorization No. 17B, , in the
amount of $19,661, to the contract with Post, Buckley, Schuh
6",0 and Jernigan for engineering services for the North Tank project
with funding from Water and Sewer Capital Outlay Water Plant
(Account No. 441-5162-536-60.93). City Manager recommends
approval.
K. APPOINTMENT OF A MEMBER TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint a member to the Delray Beach Housing
Authority to fill the unexjlired term of William F. Maher ending
10/27/95. r05TPonEJ.J to d-Id-J
10. Public Hearings:
A. ORDINANCE NO. 1-92: An Ordinance rezoning the O.C. Taylor
Dealership from GC (General Commercial) to AC (Automotive
Commercial) zoning district. Planning and Zoning Board
recommends denial. PflSSW 3 'd- e A I P "f- eAnfK)i-P1f 0155 En7)
l. REOUEST FOR WAIVER OF LAND DEVELOPMENT REGULATION
PROVISIONS: Consider a request for waiver of LDR Section
.5--0 4.4.10 (F)(2), minimum depth and lot size requirements,
specifically for the purpose of operating a full service
automotive dealership.
B. ORDINANCE NO. 2-92: An Ordinance amending the Land
H ...\ Development Regulations to delete the provision regulating
\\\O~ banners from the AC (Automotive Commercial) zone district
regulations. Planning and Zoning Board recommends approval.
C. ORDINANCE NO. 3-92: An Ordinance correcting the Code of
~/O Ordinances to reduce the gallons of water on which the sewer
commodity charge is based from 15,000 gallons to 12,000 gallons.
City Manager recommends approval.
D. ORDINANCE NO. 4-92: An Ordinance amending the Land
Development Regulations to provide that the Board of
~,o Construction Appeals shall hold at least four regularly
scheduled business meetings each year, provided there is
business to be considered. City Manager recommends approval.
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City Commission
Regular Meeting
2/11/92
E. ORDINANCE NO. 5-92: An Ordinance amending the Code of
Ordinances by enacting a new subsection to provide that the
Clerk of the Court or Traffic Violation Bureau shall supply the
~"O Department of Highway Safety and Motor Vehicles with a listing
of persons who have three or more outstanding parking tickets
for the purpose of placing administrative stops on the issuance
of license plates or revalidation of stickers of those persons
appearing on the list. City Manager recommends approval.
6---0 F. ORDINANCE NO. 7-92: An Ordinance adopting Emergency
Management Procedures. City Manager recommends approval.
1. RESOLUTION NO. 22-92: A resolution approving the
.6~o form of a standard proclamation and eight resolutions which
may be used to declare and to confirm a state of
emergency. City Manager recommends approval.
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. L. f-<<.J-Dn)(jf)- t..~ HomEwooD 'TI:HFFIC su..eo'i::.'f
c... . LE fS - leo7C.S I mR-e.cllt.S - PERm I j K-.ft;(L.'K-rLJ f-' CoST
B. From the public'H C. .5).,'/1 1-0 11:5 ern <3/10
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13. ..:J1:,I1--n i3.t...v? - (1;U/I'ry,. C!.Ii~ !JmE/)DmMT
Comments and Inquiries on Non-Agenda tems:
L . F~t..-DmMI- ..:q.;.w CIfflO/D&'1E ,co,t?U./n
A. Commission /1. i= //5 T - Rolli I] 9 b 1/1 bOl#2{)s
B. City Attorney - Upda.:14.. C">l tvrutW ~
C. City Manager
D. Municipal and County Issues. OtRf:n t:. _ .7
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[ITY DF DELIAY BEREH
100 NW.1st AVENUE . DELRAY BEACH, FLORIDA 33444 407/243,7000
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PROCLAMA TION
WHEREAS, our conununity las a continuing sense of
gratitude to those disabled veteran who did so much to preserve
the American way of life; and,
WHEREAS, the Disabled American Veterans have worked
exclusively for the welfare of our disabled veterans; and,
WHEREAS, the Jesse J. Stein Chapter 152 of the Disabled
American Veterans has been established to carry on this work in our
conununity; and,
WHEREAS, the Disabled American Veterans meet emergency
situations which may arise in the family of a disabled veteran;
and,
AHEREAS, the Disabled American Veterans has chose/ l
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Thursday, February 13, 1992 for its annual "Forget-Me-Not" campaign I
in our conununity and has announced that all funds collected will be I
used for disabled veterans in the conununity, I
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of I
Delray Beach, Florida, do hereby proclaim Thursday, February 13,
1992, as
"DISABLED AMERICAN VETERANS FORGET-ME-NOT DAY"
in the City of Delray Beach and urge the support of all citizens
and organizations on this day.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, on
this the 11th day of February, 1992.
THOMAS E. LYNCH I
MAY 0 R
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[ITY DF DELIAY BEAEH
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100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243,7000
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PROCLAMA TION
ATLANTIC LODGE #217 KNIGHTS OF PYTHIAS
I
WHEREAS, on February 19, 1864, the Order Knights of I
Pythias was founded by Justus H. Rathbone of Deerfield, New York;
and, I
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WHEREAS, amid all the strife, suffering and turmoil 1
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which prevailed during the Civil War, Mr. Rathbone, a Federal
civil servant, recognized a crying need for an organization whose !
cardinal principles would be "Toleration in religion, Obedience to ,
law and Loyalty to government"; and, I
WHEREAS, when President Abraham Lincoln learned of the
Order's Rituals and Teachings, he heartily endorsed them and
advised the fledgling Knights of Pythias to apply to the Uni ted
States Congress for a charter and establish itself nationally;
and, i
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WHEREAS, on May 5, 1870, the Supreme Lodge, Knights of
Pythias was incorporated by Congressional Enactment and thus
became the first fraternal order in the United States to be so
chartered; and,
WHEREAS, to this day, there are Pythian lodges through-
I out the United States and in parts of Canada. In adhering to the I
practice of Friendship, Charity and Benevolence, the Knights of
Pythias has constantly been involved in civic and community
activities, supporting Little Leagues, extending charity and moral
assistance to the needy, handicapped and underprivileged, and I
expanding the furtherance of education through its scholarship
programs; and;
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WHEREAS, on February 19, 1992, the Knights of pythias
1 will be celebrating their one hundred and twenty-eighth anniver-
.i sary,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
I Delray Beach, Florida, do hereby proclaim the day of February 19,
1 1992, as
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I "Knights of Pythias Founder's Day"
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1 - in Delray Beach, Florida, in recognition of this milestone in the
Order Knights of Pythias.
~ IN WITNESS WHEREOF, I have hereunto set my hand and
1 caused the Seal of the City of Delray Beach, Florida, to be
affixed this 11th day of February, 1992.
MAY 0 R
I THOMAS E. LYNCH
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[ITY DF DELIA' BEAEH ,."
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'00 "'.IV 1st AVENUE DELRA Y B.EACH, FLORIDA 33444 407243, ~Joa
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I PROCLAMA TION j
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BOYNTON-DELRAY LODGE #206 KNIGHTS OF PYTHIAS .
WHEREAS, on February 19, 1864, the Order Knights of
Pythias was founded by Justus H. Rathbone of Deerfield, New York;
and,
WHEREAS, amid all the strife, suffering and turmoil
which prevailed during the Civil War, Mr. Rathbone, a Federal
civil servant, recognized a crying need for an organization whose
cardinal principles would be "Toleration in religion, Obedience to
law and Loyalty to government"; and,
WHEREAS, when President Abraham Lincoln learned of the
Order's Rituals and Teachings, he heartily endorsed them and
j advised the fledgling Knights of Pythias to apply to the United
I States Congress for a charter and establish itself nationally;
1 and,
I WHEREAS, on May 5, 1870, the Supreme Lodge, Knights of
:
i Pythias was incorporated by Congressional Enactment and thus .
became the first fraternal order in the United States to be so
chartered; and,
WHEREAS, to this day, there are pythian lodges through-
out the United States and in parts of Canada. In adhering to the
practice of Friendship, Charity and Benevolence, the Knights of
Pythias has constantly been involved in civic and community
activities, supporting Little Leagues, extending charity and moral
assistance to the needy, handicapped and underprivileged, and
expanding the furtherance of education through its scholarship
programs; and,-
WHEREAS, on February 19, 1992, the Knights of Pythias
will be celebrating their one hundred and twenty-eighth anniver-
sary,
I
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the day of February 19,
1992, as
"Knight's of Pythias Founder's Day"
- in Delray Beach, Florida, in recognition of this milestone in the
Order Knights of Pythias.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of De1ray Beach, Florida, to be
at fixed this 11th day of February, 1992.
i
MAYOR
THOMAS E. LYNCH
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[ITY DF DELRRY BEREH
407 243- :'008 ,
100 'JW)" AVE'JUE DELRAY BEACH, FLORIDA 33444 1
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PROCLA.ll1A TION
WHEREAS, The National Society Daughters of the American
Revolution sponsor February as American History Month each year~
and,
WHEREAS, to stimulate a knowledge in both young and old
and a sense of pride in our Nation's great achievements and dedica-
tion to liberty~ and,
WHEREAS, to stress pride in the United States of America
through community services in educational programs, essay contests
and historic tours~ and,
WHEREAS, through the study of American History are we
I made aware of the importance of Freedom, Equality, Justice and
i Humanity in all our lives today~ and,
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I WHEREAS, the importance of remembering American History
should be duly noted, ,
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I NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
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I Delray Beach, Florida, do hereby proclaim the month of February,
1992, as
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"AMERICAN HISTORY MONTH"
in the City af Delray Beach and urge all residents to join with me
in recognizing the importance of AMERICAN HISTORY MONTH in our
lives.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, on
this the 11th day of February, 1992.
MAYOR
- THOMAS E. LYNCH
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CITY DF DELRAY BEAEH"-
100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 4071243,7000
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PROCLAMA TION
WHEREAS, one of our greatest resources is our children;
and,
WHEREAS, one of the world's most benevolent guardians of
that resource are the Shrine Hospitals for Crippled Children and
Burns Institutes; and,
WHEREAS, twenty-two Shrine Hospitals throughout the
Uni ted States, Canada and Mexico are dedicated to the great task
of curing or helping afflicted children without regard to race or
religion; and,
WHEREAS, more than 398,000 children have been treated
and returned to society either cured or substantially helped,
where neither patients nor their parents have been required to pay !
for this outstanding medical care; and, 1
WHEREAS, Shriners throughout North America have raised ~
millions of dollars to support the Shriners Hospitals and Burns I
Institutes to insure brighter future for these and future I
a j
generations,
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NOW, THEREFORE, I, THOMAS E. LYNCH, ~the City of
J Delray Beach, Florida, do hereby proclaim t week f February I
20th through March 1, 1992 as I
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"SHRINE HOSPITAL DAYS" ,
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in recognition of the outstanding and unselfish work of the many
Shriners of North America and urge all our citizens to join me in
recognizing this great service.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 11th day of February, 1992.
M A Y 0 R ./
THOMAS E. LYNCH
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW Isl AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: February 11, 1992
To: City Commission
From: Jeffrey S. Kurtz, city Attorney
Subject: 1992 City Commission Elections
Our File #15-91.001
This memorandum is to inform the City Commission that it is not
necessary to have an election for the office of City
Commissioner in March of 1992. The Clerk's office has informed
me that the only candidates having filed for election are the
three incumbents. Therefore, pursuant to Sec. 5.04(b)(2) of
the City Charter which states in the relevant portion,
In the event that not more than one person qualifies
as a candidate for each of the seats for the offices
of-Gommissioners or for the office of mayor in the
first nonpartisan election, then an election shalL-... ','
not be held. Each candidate shall be deemed to have
voted for himself/herself . . .
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As such, item 6G may be deleted from the City Commission's
February 11, 1992 regular agenda.
JSK: j w
cc: David Harden, City Manager
Al~~.,;Jt.J,l" u__..... ~it.y Clerk
elect.jsk
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CITY DF DELARY HEREH 1.~ t~f-{~fS) ~0S
~ (("se;
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; 1QQ-'JW 1s:AVENUE :JElRAY BEACH, "lCRI;:JA 33444 "'u' _....~
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PROCL-tJJA TIOS
WHEREAS, the Charter of the City of De1ray Beach, Florida,
provides for the calling of a First Nonpartisan Election for the
purpose of electing officers of the City and such other purposes as the
Commission may prescribe; and,
WHEREAS, pursuant to said Charter provisions, it is provided
that a First Nonpartisan Election shall be held on the second Tuesday
in March of each year,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
De1ray Beach, Florida, do hereby call for such nonpartisan election to
be held on Tuesday, March 10, 1992, between the hours of 7:00 A.M. and
7:00 P.M., with all the Precincts and Polling Places in the City of
De1ray Beach, Florida, as designated by the Supervisor of Elections for
Palm Beach County, Florida, being as follows:
Precinct No. Polling Place
166 & 166A De1ray Community Center, 50 N.W. 1st Avenue
166B Pines of De1ray North Clubhouse, 1641 N.W. 18th Ave.
166C Country Manors Clubhouse, 4900 Country Manors Blvd.
170 P1umosa Elementary School, 1712 N.E. 2nd Avenue
171 De1ray Community Center, 50 N.W. 1st Avenue
171A Fire Station #4, Northeast Corner of Barwick Road
and Lake Ida Road
172 Pompey Park Recreation Center, 1101 N.W. 2nd Street
173 Carver Middle School, 301 S.W. 14th Avenue
174, 174B De1ray Beach Mall, Northwest Corner of Federal
& 176 Highway and Linton Boulevard
174A Sun Sentinel Building, 3333 South Congress Avenue
175 De1ray Lions Club, 115 S.E. 4th Avenue
176A Linton Promenade, 5130 Linton Boulevard (Community
room at west end of complex)
178 Boca Raton/De1ray Beach Gold Coast Church of Christ,
640 Bluebird Drive
179 Pines of De1ray Clubhouse, 2451 Black Olive Blvd.
189 & 190 Adult Recreation Center, 801 N.E. 1st Street
All qualified electors of the City of De1ray Beach, Florida,
shall be qualified to vote in such election.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Seal of the City of Delray Beach, Florida, to be affixed this 11th
day of February, 1992.
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MAY 0 R
THOMAS E. LYNCH
SEAL
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[IT' DF DELIAY IEAEN
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100 "l.W 1st AVENUE DElRAY BEACH. FlORIClA 33444 ......., ....... ., ~ .,.~
; ......... _.)" :_-.J
- PROCLAJ1A TIO/\
WHEREAS, pursuant to the Constitution, applicable laws of the
State of Florida, the City Charter and the Code of Ordinances of the
City of oelray Beach, Florida, the City Commission has by Resolution
authorized a Special Election to be held on Tuesday, the 10th day of
March, 1992; and,
WHEREAS, the purpose of calling a Special Election is to
determine whether the City Charter should be amended for the purpose of
(1) increasing the length of terms of office for Commissioners and
Mayor from two to three years, (2) the candidate receiving the highest
number of votes is elected, without regard to majority and (3) limiting
Mayor and Commissioners to six consecutive years of elected service.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby call for such special election to be
held on Tuesday, March 10, 1992, between the hours of 7:00 A.M. and
7:00 P.M., with all the Precincts and Polling Places in the City of
Delray Beach, Florida, as designated by the Supervisor of Elections for
Palm Beach County, Florida, being as follows:
Precinct No. Polling Place
166 & 166A Delray Community Center, 50 N.W. 1st Avenue
166B Pines of Delray North Clubhouse, 1641 N.W. 18th Ave.
166C Country Manors Clubhouse, 4900 Country Manors Blvd.
170 Plumosa Elementary School, 1712 N.E. 2nd Avenue
171 Delray Community Center, 50 N.W. 1st Avenue
171A Fire Station #4, Northeast Corner of Barwick Road
and Lake Ida Road
172 Pompey Park Recreation Center, 1101 N.W. 2nd Street
173 Carver Middle School, 301 S.W. 14th Avenue
174, 174B Delray Beach Mall, Northwest Corner of Federal
& 176 Highway and Linton Boulevard
174A Sun Sentinel Building, 3333 South Congress Avenue
175 Delray Lions Club, 115 S.E. 4th Avenue
176A Linton Promenade, 5130 Linton Boulevard (Community
room at west end of complex)
178 Boca Raton/Delray Beach Gold Coast Church of Christ,
640 Bluebird Drive
179 Pines of Delray Clubhouse, 2451 Black Olive Blvd.
189 & 190 Adult Recreation Center, 801 N.E. 1st Street
All qualified electors of the City of Delray Beach, Florida,
shall be qualified to vote in such election.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Seal of the City of Delray Beach, Florida, to be affixed this 11th
day of February, 1992.
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MAY 0 R
THOMAS E. LYNCH
SEAL
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'>,
SUBJECT: AGENDA ITEM it )?A - MEETING OF FEBRUARY 11. 1992
CHANGE ORDER NO. 3/B.K. MARINE CONSTRUCTION. INC.
DATE: February 7, 1992
This is a change order extending the contract completion date by 20
days for the Veteran's Park Bulkhead Replacement and Marginal Dock
project. This change order is necessary due to weather conditions
and additional time spent trying to locate a force main. Our
consulting engineer, Coastal Planning and Engineering, Inc. , has
reviewed this request and recommends approval of the 20 day time
extension.
Recommend approval of Change Order No. 3 to the contract with B.K.
Marine Construction, Inc. extending the contract completion date by
20 days.
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COASTAl. & OCEAN ENGINEERING
I> COASMI.. SURVEYS
L;OASTAL PLANNING & ENGINEERING, INC. BIOI.OOICAl. STUOII!S
GEOTECHNICAl.. SERVICES
BOCA RATON: 24B1 N.W. BOCA RATON BOULEVARD. BOCA RATON. FL 33431 (407) 391 -81 02 TELEFAX: (407) 391 -9116
SARASOTA: 1605 MAIN STREET. SUh'E BOO. SARASOTA. FLORIOA 34236 (813) 365-5957 TELEFAX: (813) 954.6036
. .JACKSONVILLE: 1322 CHABLIS COURT NORTH, ORANGE PARK. FLORIOA 32073 (904) 264-5039 TELEFAX: (904) 264.5039
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4818.83
December 9, 1991
Mr. Joseph Weldon
City of Delray Beach
Parks & Recreation Department
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Revised Evaluation of BK Marine's Request for Additional Time
Dear Joe:
After discussions with Jim White and you, we have re-evaluated BK's request for
additional time along with their contract with the City, inspection reports and other
correspondence., Their request for additional time is attached. The following is our
recommendations concerning BK's requests. The recommendations are enumerated
according to their requests.
" 1. Electric Power Line. Based on a pre-award conversation with BK
Marine, and discussion at the pre-construction meeting, they indicated
they were fully aware of the potential problems of working near the
power lines. If BK had initially de-energized the line as they later did,
tbe majority of tbe work would not have required modifying the design
and permits. We recommend no time extension.
2,3,5,6,7,9. Rain. BK Marine indicated that the rain and the wet ground conditions
prohibited work on these days. According to Section 12.2, of the General
Conditions and previous City practice, we recommend an extension of 9
days.
4. High Tides. The abnormally high tides that occurred could not have
been foreseen by the contractor. BK requested an extension of 10 days
- of which 3 were also requested for rain delay. We recommend a time
extension of 7 days.
8. Force Main Location. Based on CPE's records, the following sequence
of events occurred:
November 1 (Friday) BK began locating the force main.
.. November 2-3 No work occurred during the weekend.
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CHANGE ORDER
(Instructions on reverse side) No. 3
.....,~, PROJECT: Veterans Park ;Bulkhead DATE OF ISSUANCE: December 2, 1991
, Replacement and Marginal Dock
OWNER: City of pelray Beach, Florida
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(Name. 100 N.W. First Ave.
Address) Delray Beach, Florida 33444
CONTRACTOR: OWNER's Project No. 91-74
BK Marine Construction, Inc.
ENGINEER: Coastal Planning & Engineering, Inc.
CONTRACT FOR:
Bulkhead Replacement and 4818.83/706
Harginal Dock ENGINEER's Project No.
You are directed to make the following changes in the Contract Documents.
Description: Modify Contract Time
Purpose of Change Order: To extend contract time to reflect delays incurred by contractor
Attachments: (List documents supporting change)
See Attached Letter
",,"--_0- ) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time
$ 220.630.00 90 days
days or dale
Previous Change Orders No. 1 to No. 2 Net change from previous Change Orders
$ (6,920.00) Decrease o days
days
Contract Price prior to this Change Order Contract Time Prior to this Change Order
$ 213, 71 0 . 00 90 Days
days or dale
Net Increase (decrease) ofthis Change Order Net Increase (decrease) of this Change Order
$ O. - 20 days
days
Contract Price with all approved Change Orders Contract Time with all approved Change Orders
$ 213,710.00 110 days
days or dale
RECOMMENDED: APPROVED:
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by "r;;: .?/L~ by
, ElIIiaeer Owner
ElCDC No. 1910-8-B (1983 Edition)
Prepared by the Enpneers' Joint Contract Documents Committee and endorsed by The Asso<:iated General Contractors of Americ:a.
Rearinted 5m
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~ - MEETING OF FEBRUARY 11. 1992
AUTHORIZATION TO EXPEND FUNDING/FEDERAL FORFEITURE FUND
DATE: February 7, 1992
This item is before you to authorize staff to expend not more than
$2,500 from the Federal Forfeiture Assets Fund in order to purchase
supplies to initiate the Citizens Police Academy program.
Two academies will be held per year. Staff has prepared the
necessary lesson plans and has scheduled classes for at least 25
participants.
Along with this program, supplies will be needed. Those supplies
include 100 binders, 100 certificates, 100 garland pens, 100
notebook dividers, and custom matting and framing for the 100
certificates. It is anticipated that these supplies will last for
two years.
Recommend approval of the request to expend not more than $2,500 from
the Federal Forfeiture Assets Fund (Account No. 115-2112-521-34.11) .
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Delray Beach Police Department
300 West Atlantic Avenue · Delray Beach, Florida 33444-3666
(407) 243-7888 Fax (407) 243-7816 Chief of Police
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard G. Overman, Chief of Police
DATE: January 28, 1992
SUBJECT: FUNDING OF THE CITIZENS POLICE ACADEMY
We are scheduled to initiate our first Citizens Police Academy
within the next two (2) months. Our staff has prepared the
necessary lesson plans and has scheduled classes for at least
twenty-five (25) participants.
Along with this program, supplies will be needed to furni sh the
participants which will last two (2) full years (based on the
assumption of two (2) academies per year).
The attached support material from Sergeant Ross Licata outlines
the estimated costs of those supplies; therefore, I request your
approval for the use of Federal Forfeiture Assets not to exceed
$2,500.00 for this program (115 2112 521 34.11).
Your consideration will be appreciated.
RGO/WHC/gb
Attachment
cc: William H. Cochrane, Major
Milena Walinski, Assistant Finance Director
COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE
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DELRAY BEACH POLICE DEPARTMENT
MEMORANDUM
TO: Major William H. Cochrane
Support Bureau
FROM: Sergeant Ross Licata ~
Community Relations Section
DATE: January 27, 1992
SUBJECT: CITIZENS POLICE ACADEMY
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The following is a list of items needed for the upcoming Citizens
Police Academy. The prices are based on one-hundred (100) count
for cost savings.
l. One-hundred (100) 1 1/2" navy binders with
gold badge imprint $ 410.00
2. One-hundred (100) 8 1/2" x II" certificates
with logo and gold embossed badge 690.00
3. One-hundred (100) garland pens (police logo
and citizen police academy) 385.00
4. One-hundred (100) notebook dividers (sets
of 10) 219.00
5. One-hundred (100) custom matting and
framing of certificates 700.00
TOTAL $2,404.00
We are planning on inviting twenty-five (25) participants for
. each Academy and holding the Academy twice a year, therefore,
these items will last through 1993.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER'
SUBJECT: AGENDA ITEM # ~~ - MEETING OF FEBRUARY 11, 1992
AUTHORIZATION FOR PALM BEACH COUNTY SUPERVISOR OF
ELECTIONS TO HANDLE/CANVASS ABSENTEE BALLOTS AND
REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR
MARCH 10, 1992, FIRST NONPARTISAN AND SPECIAL ELECTION
DATE: FEBRUARY 6, 1992
This item is before the Commission to authorize Jackie
Winchester, Supervisor of Elections for Palm Beach County, to
handle the City's absentee ballots for the March 10, 1992, First
Nonpartisan and Special Election. The Supervisor of Elections'
office is equipped with a computerized system for monitoring
requests for ballots, distribution, accounting for unreturned
ballots as well as electronic signature verification. Their
office coordinates all requests for absentee ballots, including
those mailed and those done on a walk-in basis, completes all
required verifications and register recordings, and also insures
that the absentee ballots are held in safekeeping prior to
canvassing. Mrs. Winchester should also be authorized to
represent the city at the canvassing of the absentee ballots.
It is further recommended that the Supervisor of Elections be
designated to represent the City's canvassing board at the Logic
and Accuracy (L&A) testing of the electronic tabulating
equipment. The L&A tests will be conducted on Friday, March 6,
1992, at 10:00 a.m., as well as on election day both before and
after counting of the ballots, at both the South County and West
Palm Beach election office sites.
Recommend the Supervisor of Elections for Palm Beach County be
authorized to handle/canvass the City's absentee ballots for the
March 10, 1992, First Nonpartisan and Special Election, and also
be designated to represent the City at the requisite Logic and
Accuracy testing of equipment.
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Palm Beach County
;
Rae GOVERNMENTAL CENTE~
301 N. OUVE AVE., ROOM 105
- WEST PALM BEACH. FL 33401-4795
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JACKIE WINCHESTER TELEPHONE: [407] 355-2650
FAX NUMBE~: [407] 355-4006
Supel"vlsor" of ElectIons PLEASE ANSWER THE FOLLOWING QUESTIONS AND RETURN THE FORK AS SOON AS
POSSIBLE TO THE SUPERVISOR OF ELECTIONS OFrICI:
For the election, ,would you like
Jackie Winchester to represent your city canvassing board at:
1. the Lo~ic and Accuracy Test on the rriday aorning before the
election?
YES ----
NO ----
2. the Logic and Accuracy Test prior to the election OD election night?
YES -
NO -
3. the Logic and Accuracy Test after the election OD election night?
YES _
NO -
Would you like Jackie Winchester to:
3. handle the absentee ballots for the election?
YES -
NO -
4. canvass the absentee ballots for the election?
YES -
NO -
Signature of Municipal Clerk Name of City Date
REV. 12120/91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER-' -
SUBJECT: AGENDA ITEM i ~.]) - MEETING OF FEBRUARY 11. 1992
PAYMENT AGREEMENT/OUTSTANDING ACCOUNTS RECEIVABLE
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DATE: February 7, 1992
This item is before you to approve a payment agreement form for
outstanding accounts receivable due to the City. The Finance
Department has initiated an aggressive collection program. A part of
which has been the development of a form, in conjunction with the
City Attorney's Office, which gives those customers with large
outstanding balances the opportunity to make payments over a
specified period of time.
Those participating in this program will receive an amortization
schedule which will show the monthly payment due, principal and
interest.
Recommend approval of a payment agreement for outstanding accounts
receivable due to the City.
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MEMORANDUM
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TO: David T. Harden
City Manager ~
FROM: Joseph M. Saffe . .
Director of Finan~
SUBJECT: Payment Agreement--Agenda Request for City Commission Meeting
of February 4, 1992
DATE: January 23, 1992
Per our discussions during the fiscal year 1991-92 budget process, the
Finance Department has initiated an aggressive collection program for all
outstanding accounts receivable due the City.
As part of this process, it is necessary that a Payment Agreement be
developed and approved to give those customers with large outstanding
balances due the opportunity to pay this balance over a period of time.
The attached Payment Agreement has already been reviewed and approved the
Susan Ruby, Assistant City Attorney. Ms. Ruby has advised that there
would be no ordinance changes required in order to initiate the use of this
Payment Agreement.
Upon the suggestion of the City Attorney's office, we are requesting your
permission to place this Payment Agreement on the Commission Agenda for
their approval.
Isam
Attachment
cc: Fredys Alvarez, Collection Agent
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[IT' DF DELIA' BEA[H
- 407/243,7000
100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444
PAYMENT AGREEMENT
for
( ) Lot Clearing
( ) Lot Mowing
( ) Removal of Abandoned Property
( ) Correct Unsafe Housing Conditions
( ) Other
CUSTOMER NAME:
ADDRESS:
TOTAL AMOUNT DUE:
DATE DUE:
I, , hereby understand that the "Total Amount
Due" as referenced above is outstanding and owed to the City of Delray Beach. I am,
therefore, making the following payment agreement with the City of Delray Beach:
I will remit to the City of Delray Beach $ as my initial payment and
$ for consecutive months (not to exceed months) until the
balance is paid in full. Upon receipt of the final payment, the lien shall be
released.
I will remit the initial payment and subsequent monthly payments in the form of cash,
check or money order payable to the City of Delray Beach at the following address:
City of Delray Beach
Attention: Cashiers
100 N. W. First Avenue
Delray Beach, Florida 33444
I will remit all monthly payments to the City of Delray Beach on or before the first
of each month.
I understand that no monthly notices will be sent to me for the outstanding balance
due. -
Customer's Signature Date
This Payment Agreement has been reviewed and approved and accepted on behalf of the
City of Delray Beach by:
Fredys Alvarez, Collection Agent Date
THE EFFORT ALWA I::; M,.:, r it:RS
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I DF DELRR,' BEA[H
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,," C,'<U[ . DELRAY BEACH. FLORIDA 33444 . 407/243.7000
MEMORANDUM
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TO: David T. Harden, City Manager
FROM: e;tr;..~bert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: AGENDA ITEM # g ~ - CITY COMMISSION FEBRUARY Jl., 1992 -
RENEWAL AGREEMENT - EMPLOYEE ASSISTANCE PROGRAM
DATE: February 6, 1992
Action
City Commission is requested to approve the renewal agreement with
Human Affairs International through september 30, 1992. The estimated
annual cost of the program is $16,983.00, with funding to come from
account #001-555-1575-591-34.89 "Employee Assistance Program." The
budget for this program is $17,646.00.
Background
The City began providing an Employee Assistance Program to all
employees, retirees and all dependents in March 1988. Under the terms
of our agreement with Human Affairs International, eight counseling
sessions, per problem, are provided to our service group. All
services are available on a 24-hour, seven day a week basis and are
provided by qualified, experienced clinicians. The cost per employee
is $2.25 per month, which has not changed since March 1989. This has
been a valuable program for our employees. The provider has continued
service since October 1, 1991, without a formal agreement.
Attached is back-up information outlining my review of services and
costs of programs provided to other local governments. The cost
listed in parentheses on this report is a comparable eight visit per
problem cost. Our provider's cost and service is c6mparable to other
communities.
Recommendation: Based on the need for this program, the service being provided
and the favorable cost comparison, staff (Finance Director, Risk Manager and
myself) recommends approval of the renewal agreement.
THE EFFORT ALWAYS MATTERS
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- December 19, 1991
City of Delray Beach, Inc.
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Gentlemen:
On behalf of Human Affairs International, Incorporated, I propose to
amend our agreement with you entered on March 18, 1989 (and extended
by a prior amendment through September 30, 1991) (the "Agreement II ) ,
which established an employee assistance program for City of
Delray Beach, Inc. employees and their dependents, as follows:
1. Exhibit B of the Agreement is to be deleted in its
entirety and the following is to be inserted in its place:
HAl shall provide services pursuant to this Agreement
with Employer in the following geographio areas:
Employee Looation Employee Count
Delray Beach, FL 629
2. B.a.idl. The first sentence of Exhibit C, Paragraph 1 of
the Agreement is to be deleted in its entirety and the following is
to be inserted in its place:
For the periOd October 1, 1991 through and including
September 30, 1992, Employer shall pay HAl at a rate equal to
the number of persons on Employer's payroll times two dollars
and twenty-five cents ($2.25) per.month.
3. The last sentence of Paragraph 9 b. of Exnibit D of the
Agreement is to be deleted in its entirety and the following is to
be inserted in its place:
Employer shall allow HAl to continue to provide such
services at the rate of one hundred dollars and no cents
($100.00} for each hour or session of counseling (whichever is
less), or to make other clinically acceptable arrangements for
continued services.
4. ~. The term of the Agreement is hereby extended
through and including September 30, 1992.
I would further propose that this Amendment be deemed effective as
of October 1, 1991.
HUMAN AFFAIRS INTERNATIONAL, INC.
5801 S. FASHION BLVD., #255/ MURRAY, UT 84107/ (801) 268-0553
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City of Delray Beach, Inc.
December 19, 1991
paqe Two
If the foreqoinq is acceptable, please siqn both of the oriqinals of
this letter and return them to me for siqnature.
Very truly yours,
HUMAN AFFAIRS INTERNATIONAL,
INCORPORATED
By:
James A. Plack
Chief Operatinq Officer
Date:
Witness:
AGREED TO AND ACCEPTED BY:
CITY OF DELRAY BEACH, INC.
By:
Title:
Date:
Witness:
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~ITY DF DELHAY BEAEH
- DElRAY BEACH, FLORIDA 33444 407/243- 7000
100 N.W. 1st AVENUE
MEMORANDUM
TO: David T. Harden, City Manager
" FROM: (l#Robert A. Barcinski, Assistant City Manager!
\ Administrative Services
SUBJECT: Employee Assistance Program/Contract Amendment
DATE: December 9, 1991
Our contract with Human Affairs International to provide an Employee
Assistance Program expired September 30, 1991. Human Affairs
International has submitted a two-year contract amendment that
maintains the per employee cost at $2.25 per employee for fiscal
year ending September 30, 1992, and increases the cost to $2.48 per
employee for fiscal year ending September 30, 1993. These figures
were arrived at , after extensive negotiations conducted by Lee
Graham. The rate for this fiscal year of $2.25 is the rate we have
been charged since March 18, 1989.
We have requested the company offer the City a month-to-month
agreement until we have time to review our program and make
comparisons to other cities. They are unw ill ing to do so, however,
they will offer a one year extension at $2.25 and then come back
next year and seek a 10% increase.
Under the terms of our agreement Human Affairs International
provides up to eight counseling sessions per problem for our
employees, retirees, and their dependants. This service is provided
24-hours per day, seven days per week. All services are to be
provided by qualified, experienced clinicians with advanced degrees
of at least a Masters level, with special training in short-term
counseling and in unmasking, assessing, and treating substance abuse
problems. The program is entirely confidential and voluntary.
Outside counseling and assistance is provided where warranted.
Staff has contacted other cities in the area to obtain statistical
data and information about their programs for comparison purposes.
The services provided to other citi.es is basically the same services
provided to the City of DeIray Reach. Variables contained in the data
include price, number of employees covered, number of sessions allowed
per problem, and who is covered under the program. Most other cities
do not include retirees or disabled employees and their dependants.
THE EFFORT ALWAYS MATTERS
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Statistical data is attached. Per employee pricing has been adjusted to
reUect cost per eight sessions. I have also, where there is not a
complete history, adjusted the numbers reflecting that -
years usage so
they could be Eompared on a yearly basis. Pricing, in gen~ral, appears
to be a factor of number of employees covered, number of sessions
allowed per problem and utilization rate (number utilizing service
divided by number - of employees covered) . In analyzing the data on a
price basis it appears that we are getting very good value for services
as compared to other cities.
It appears from what I have been able to determine, that the program
is very well received and appreciated by our employees. They
appreciate the confidentiality and support 'they 'and their families
'\ receive. Program treatment has received almost a 90% acceptance
\ level from those receiving the service over the last fiscal year. A
detailed statistical report on services provided for fiscal year
ending 9/30/91 is also attached.
At the E'nd of the quarter, September 30, 1991 , there were
approximately thirty active client cases. Data also reflects an
average use of approximately four sessions per client.
Based on the need, usage, and acceptance level of the program, I
recommend we proceed with the one year extension at the same per
unit price. I would also recommend for next year reducing tp,e
number of free visits to six and possibly not covering retirees and
their dependants, ,and get re-training once per year for supervisory
personnel.
RAB:kwg
Attachments
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER&~
SUBJECT: AGENDA ITEM i F - MEETING OF FEBRUARY 11. 1992
REOUEST FOR FINAL PAYMENT/POST. BUCKLEY. SCHUH & JERNIGAN
DATE: February 7, 1992
We have received a request for final payment in the amount of $798.16
from Post, Buckley, Schuh & Jernigan (PBS&J) for engineering
services provided prior to the cancellation of Service Authorization
15. The scope of service for that authorization provided for the
design, permitting, bidding, engineering during construction and
resident services to replace the Master Wastewater Pump Station at
Veteran's Park.
Those responsibilities identified under Service Authorization 15 have
been awarded to Professional Engineering Consultants.
Recommend approval of request for final payment in the amount of
$798.16 to Post, Buckley, Schuh and Jernigan for engineering services
provided prior to the cancellation of Service Authorization No. 15.
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Agenda Item No.:
AGENDA REQUEST
Request to be plac~d on: Date: Jan. 27, 1992
-K- Regular Agenda _Special Agenda _Workshop Agenda
When: Feb. 11, 1992
Description of agenda item (who, what, where, how much)
City Commission approved the cancellation of Service Authorization
#15. Master Wastewater Pump Station Improvements at Veteran's Park.
for Post. Buckley. Schuh & Jernigan. Inc. on October 8. 1991. Staff
request approval of final payment in the amount of $ 798.16 to
Post, Buckley, Schuh & Jernigan. Inc..
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends final payment of $ 798.16 to Post.
Rl1C'kley. Schuh & Jernigan. Inc.'and thecancella'tion of P.O. 1119079.
Department Head Signature: 4I/~/t4DQ,._U~ ~/2~!,?
Determination of Consi~tency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/loW
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: (?v/1
@y
Approved for agenda: I ES' NO
Hold Until: i '
Agenda Coordinator Review:
,
Received:
Action:
Approved/Disapproved
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM JAN 30 1991L
(;J ry iVlJF,i.; , ,.' _
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TO: DAVID T. HARDEN
CITY MANAGER
FROM: RALPH E. HAYDEN, P.E.~
CITY ENGINEER
DATE: JANUARY 28, 1992
SUBJECT: SERVICE AUTHORIZATION #15
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
On October 8, 1991, the City commission approved the cancellation
of Service Authorization #15, "Master Wastewater Pump station
Improvements for Veteran's Park", for Post, Buckley, Schuh &
Jernigan. Consequently, Post, Buckley, Schuh & Jernigan was
asked to provide a request for final payment.
Attached is their request for final payment in the amount of $
798.16, which represents the difference in an incorrect billing
on Invoice 04169 dated February 16, 1991, invoices also attached.
Staff recommends the final payment of $ 798.16 to Post, Buckley,
Schuh and Jernigan for termination of Service Authorization #15,
and the cancellation of P.O. # 19079 associated with this
contract.
This work is currently handled by Professional Engineering
Consultants of Orlando, Florida.
RH: kt
RHDHSA15.KT
cc: William H. Greenwood, Director of Environmental Services
Interoffice Memos: Memos to David T. Harden
File: 90-05 (D)
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J1BS}' POST,
~ BUCKLEY,
SCHUH &..
JERNIGAN,INC. L:1VIROi:t ~E~I T;',:_ SLRV1CES
9\ DEe I 9 Pr112: 04
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December 11, 1991
City of Delray Beach
Environmental Services Department
434 South Swinton Avenue
Delray Beach. Florida 33444
Attention: Mr. William H. Greenwood
Dear Mr. Greenwood:
Attached is our Invoice No. 06562 in the amount of $798.16. This
invoice represents a multiplier correction of our previous
Invoice No. 04169 (copy attached) which was inadvertently billed
at raw labor rates rather than multiplied rates.
During a recent internal audit of several unbilled services. the
unbilled balance on this project was uncovered. While I realize
it has been several months since the invoice was billed. I
certainly believe it was an honest error and deserves correction.
Please excuse any inconvenience this may have caused. If you
have any questions, please don~t hesitate to contact me.
~~o~
Gayle . Heines
Distri Administrative Manager
CC: J. Richard Voorhees
Billing File
WINTER PARK PLAZA. 1560 ORANGE AVENUE, SUITE 700, WINTER PARK, FLORIDA 32789' TEL: 407/647-7275 . FAX: 407/740-8958
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PBSJ ~ST,
~ BUCKLEY.
SCHUH &..
JERNIGAN,INC.
DECEMBER 9, 1991
INVOICE NO. 06562
JOB NO. 10-276.30
P.O. NO. 19079
CITY OF DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH SWINTON AVENUE
DELRAY BEACH, FLORIDA 33444
ATTENTION: MR. WILLIAM H. GREENWOOD
RE: REPLACEMENT OF THE MASTER PUMP STATION
AUTHORIZATION #15
INVOICE #10
PROFESSIONAL SERVICES RENDERED THROUGH THE PERIOD ENDING JANUARY 31, 1991
---------------------------------------------------------------------------
TASK 2.1 - PRELIMINARY REVIEW
TASK 2.1 BUDGET $1,818.00
PREVIOUS INVOICES 3,089.78
AMOUNT DUE THIS INVOICE 0.00
----------
AMOUNT REMAINING ($1 ,271. 78)
TASK 2.2 - SURVEYING AND SOILS TEST
TASK 2.2 BUDGET $10,,318.00
PREVIOUS INVOICES 3,605.94
AMOUNT DUE THIS INVOICE 0.00
----------
AMOUNT REMAINING $6,712.06
TASK 2.3 - DESIGN PHASE
PROFESSIONAL PERSONNEL HOURS RATE AMOUNT
---------------------- ----- ---- ------
* R. VOORHEES, PROJECT MGR 11.5 $89.43 $1,028.46
* E. TALTON, ENGINEER I 0.5 46.62 23.31
* D. RITCH, WORD PROCESS OPR 1.5 23.79 35.69
* M. VANDERDRIFT, SECRETARY 3.0 38.04 114.12
----- ------
TOTAL LABOR 16.5 $1,201.57
* BILLED INCORRECTLY ON INVOICE NO. 04169,
DATED FEBRUARY 16, 1991 (COpy ATTACHED)
WINTER PARK PLAZA, 1560 ORANGE AVENUE, SUITE 700, WINTER PARK, FLORIDA 32789 . TEL: 407/647-7275' FAX: 407/740-8958
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CITY OF DELRAY BEACH
DECEMBER 9, 1991
INVOICE NO. 06562
JOB NO. 10-276.30
PAGE TWO
REIMBURSABLE EXPENSES
----------------------
BLUEPRINTS & REPRODUCTIONS 37.92
-----
TOTAL EXPENSES 37.92
-----
SUB TOTAL $1,239.LJ9
TASK 2.3 BUDGET $LJ5,158.00
PREVIOUS INVOICES 10,369.63
AMOUNT DUE THIS INVOICE 798.16
-------1'"--
AMOUNT REMAINING $33,990.21
LESS PREVIOUS AMOUNT INVOICED
INCORRECTLY ON INVOICE MOLJ169 (DATED FEBRUARY 16, 1991) (4LJ1.33)
TOTAL AMOUNT DUE THIS INVOICE $798.16
---------
---------
THIS INVOICE DUE AND PAYABLE UPON RECEIPT.
TASK BUDGET 2.1, 2.2, 2.3 $156,LJ50.00
PREVIOUS INVOICES 17,065.26
DUE THIS INVOICE 798.16
-----------
AM~REMAINING $138,586.58
IZ/J-~ -P ~
J. RICHARD VOORHEES, PROJECT MANAGER
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
II
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
'Y-'. /',
FROM: CITY MANAGER-/~/'
SUBJECT: AGENDA ITEM i ~a. - MEETING OF FEBRUARY 11. 1992
AMENDMENT NO. 2 TO SERVICE AUTHORIZATION NO. 4/CH2M HILL
DATE: February 7, 1992
This is the second amendment to Service Authorization No. 4 to the
contract with CH2M Hill which increases the contract price by $31,175
for additional consulting services necessary for the administration
of two contracts awarded for the Former Enclave Improvement project.
The scope of service for this amendment includes the redesign of
sheets 20, 21, and 22 to redirect sanitary flow from Royal Palm
Drive, west of Lime Lane to another manhole to eliminate the need for
an easementj and additional services for the administration of the
second construction contract.
At the February 4, 1992 workshop meeting, CH2M Hill presented
information in support of this request. Upon consideration, the
Commission concurred with the need for additional services and
directed the matter to the February 11th regular meeting as a consent
item for formal action.
Recommend approval of Amendment No. 2 to Service Authorization No. 4
in the amount of $31,176 with funding from 1991 Water and Sewer
Revenue Bond Enclave Water and Sanitary Sewer Engineering Services
(Account No. 447-5167-536-33.11).
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Agenda Item No.:
AGENDA REQUEST
Date: 02/06/92
Request to be placed o~:'
COUSENT
xxx -P.-e'J~,l:-cu: Agenda Special Agenda 'Horkshop Agenda
When: Februarv 11. 1992
Description of agenda item (who, what, where, how much) : Request City
Commission to approve Ammendment No. 2 to Service Authorization No. 4 for additional
consulting services to CH2M Hill. S~rvic.es are due to awardin~ construction for two
different contractors where agreement is only for one. Funding Acct. #447-5167-536-33.11
Proiect #91-25 Amount $31,176.00
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
I
Recommendation: Staff recommend approval to CH2M Hill for Ammendment No.2 for
$31.176.00. City Commission reviewed change order request at their February 4, 1992 Workshop Session.
j",
Department Head Signature: G~ ~~~- ~~~>;~~z/lrz
Determination of Consistency with Comprehensive Plan:
~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteMs involving expenditure
of funds):
Funding available~ NO
Funding alternati e . (if applicable)
Account No. & Descriptio~: 11:EI2J01-030.'6=3-/f ENCL.AVr:; - PHASE.-:r. E:NG,. sVCS
Account Balance: 34f3'1~.;.s3 'OIq; ~:aS l:?Q-J7' "'"i" !",:pY"C;}
City Manager Review: ,;
~~ j:
Approved for agenda: f~ NO 'f7v/ !
(../ .
Hold Until: I,
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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CI'lY OF DELRAY BEACH
CONSULTING SERVICE AUTIIORIZATION AMENDMENT
DATE: , 1991
AMENDMENT 2 TO SERVICE AUTHORIZATION NO.4 FOR
CONSULTING SERVICES 1111111'11'1/1
111111\ 1111111
jllll '1111
CITY P.O. NO. . CITY EXPENSE CODE 11"'" .lllllllh, 1IIIIhl
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I 11"1111111,1 111I . II111
ill II. 1\1 II,
PROJECf NO. 91-25 (CITY OF DELRA Y BE~eJ;I~ SEF307~7;.~ (CH2M HILL)
91.25 (CITY OF DELRA Y B~A~).I$QF30787.Dl (CH2M HILL)
'1\\ 1111,11 r
I~ If
1111 'It.
TITLE: Provision of Water and Se~~f.IoIt.O the 'FiQrtu.er Enclave Areas
'I' '11111101'11 111II '111111
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'II ' 'j I\UJlfUUla lh1UhlUI hlml1t
I!I ',I' 1111111'
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"ml""11I1 If II1I ~II
", 1111 I III'
I. PROJEcr DESCRIPTlON1Pll/llhll 'II III Iii
", 'II I, 'I
1111' ,,( I 1111110111 '1.1
", I III 11111 1111'
III 111I III .,1"'"10 11'1,
The City requires additiol1,al se~d~~ildurthgl,tiesign and construction for the Water
and Sewer service to tltel"lQ~~r BQdl~ve Areas-Lake Ida, Germantown, and North
" II' "llll '1\ 'II "I
Federal Highway ar,~ ~~'Ilrojeb.~. 11\ hlllllllllll
'111. 'Ii, ill II
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II. SCOPE OF S~~~J!1~I'I!l
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111111 1IIII1
Amend Task 1, Desimt, to Ildclude:
1. Redesign of sheets 20, 21, and 22 to redirect sanitary flow from Royal Palm
Drive, west of Lime Lane to another manhole in vicinity to eliminate the need
for an easement.
Amend Task 4, Services During Construction, to include:
'1. Preparation of additional conformed contract documents for execution by
Contractor and review executed Contract Documents and bonds before
forwarding to the City for execution.
2. Prepare for and conduct an additional preconstruction conference.
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3. Prepare for and conduct an additional monthly progress meeting for the
estimated 8 months of construction.
4. Review an additional set of shop drawings, diagrams, illustrations, catalog data,
schedules and samples, the results of tests and inspections, and other data
which the Contractors are required to submit.
5. Review, recommend modifications as appropriate, and submit to the City for
payment the monthly payment requests of an additional Contractor.
,Ibll
6. Conduct an additional substantial completion review 9f"$~~ construction and
prepare an additional letter of substantial completj,pfl. '11:'11
111,1 1I",IIII~ Ilit~
.. . ,,!,'lttfll!,1 \ I'!II.
. 7. Make a final revtew of the constructIOn and '$~~l~ m ne~ilil1.1ipg final payment
and submit a final letter report for an addjtib,~~l c,~ptract.o~~III,,'i~'
II ,'\ II' I'
1I1I "111 II I'll'
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III. BUDGET ESTIMATE OF SERVIC~S 1111'tllb 'II::,
1I'II%....'h ~"I III~
II IIlhll 1111 'Ii
C . ~ f' 1 . ~ & '"h"" I~ .~ d' T k 1 S .
ompensatlOn or pro eSSlona consultmg ~' 'oe~ S's.,,&.p '01 e In as ernce
"'I II' "I'
Authorization 4 shall be modified as follow~ II~ ,.l ,1,1,"'10'''1,,1111'
,.ldI1ll1Ihlll t" .,1
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III'" 111"""'" III III I~
Task l-Design: Add $4,570 11111"lli' '1,1"",,", Ill, III
'~i II, . 1,1' 11t'1 "III"
11'111 1l'",flli ,l"I"It~h 110:11"
Compensation for profes~ionQ,l c'bqsul{ing s~ces as specified in Task 4 Service
Authorization 4 shall ~llJ.nod~~~ ~!JIIIf.~l~pws:
IIIII If '1I"IIItl '11f1JlIII
'l~ '14\ II I
Task 4-Services DU~Qi~ll<;'onst~c~on: add $26,606
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1111 1'1'
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IV. COMPLETION DATE
Add two (2) weeks to the schedule specified in Service Authorization 4 for items not
yet completed.
APPROVED BY THE CITY CONSULTANT
OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC.
_ day of , 19 _ BY:dh
G ,II liT M In PE
regaI:y.1 . c tyre, . .
I' -fo
Vjee P.{esident and
l~e~~bn~hManager
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CITY OF DELRA Y BEACH, a pti!Y"!~lUPlprized .Ciiji er of CH2M
a municipal corporation of the State of Hl~hll~~:vnmAST, INC., on behalf
Florida of tb~ Corporation and said person
IlllIl:~~lobl~~c~t'e~fl~~r same freely and volun-
\ 11~""hta9.1Y"IfQ,t!htne purpose therein
By: IIII \ FXPt'ess~Cl.
Th E 1.; M .' I' ''''II II I" ".
omas . ~ch, ayor Jll 111111 illll 1'1' 1I1I1
11II ,111'1 "'l ~ k .
111" II1II ,II J ""hll'l 'II ,:ITE.ST.
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1111111 1111I1i1'~' 1IIIPUllh'III IIQIJl'
111'1 'I"l 11111111,1
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A TrEST: 11",1 111""''''""11 111111 '111111 "11111
I" JlI III '\ ,( I
"1,11' 'I~JI 1I1II III 111('" WITNESS my hand and seal in the
1llllill\1 111111'1\ II i County and State aforesaid this day
II" \" ' -
By: 11'1", lllh",'ll"'.l of , 19 _'
City ClerIC"111111 1,'11""
1111'
, Notary Public
State of Florida
APPROVED AS TO FORM: My Commission Expires:
(Seal)
By:
City Attorney
-
BEFORE ME, the foregoing instru-
ment, this day of , 19 _, was
acknowledged by Gregory T. McIntyre,
Vice President and Regional Manager, I
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CUENr CrTY OF DEWY BEAOH
PROJECT NAME PROVISION OF WATER AND SEWER SERVICE TO FORMER ENCLAVE AREAS
PROJECT NUMBER AMENDMENT NO.2
TASK 3 TASK 4
RAW TASK 1 TASK 2 ASSISTANCE SERVICES
HOURLY SPEC'S SPECIAL DURING DURING TOTAL DIRECT MUL T1
CATEGORY (NAME) RATE & DRAWINGS SERVICES BIDDING CONSTRUCTION HOURS LABOR LABOR
8 VP/SENIORCONSULTANT $33.30 111,~1I11111 0 SO SO
7 SENIOR MGRlSENIOR CONSl1.TANT $33.30 11,,111 1III11I 0 SO SO
8 PROGRAM. DEPT. OR DIV MGRlTECH CONSUt.T ~/' 'II 8 $268 '7"
$33.30 ,III' III'" '11111 8
5 SENIOR PROJECT MGMECH CONSULT ' ( I h , 8 $261 $782
$32.60 ,1'11 111,111 I1III 111I 8
I /,1 II II III
4 PROJECT MGRlSR PROJECT PROFESSIONAL $28.10' I11III ~IIII 1111111 Illlt~ 0 SO SO
II ,II 111 "
3 SA. PROJECT PROFESSIONAL $25.00 8 (III ~III,I 11/11111, 11/11,,1'172 178 $4,450 "3,350
'.1 'I III I'
2 PROJECT PROFESSIONAL \I $21.55 24 ihlll 1~lllll 1'1111 124 148 $3,189 $9,668
III ,~
1 PROJECT PROFESSIONAL I $18.75 II 11/1111 'IIII! 0 SO SO
I" 11,&" III III
5 LEAD TECHNICIANlSUPERVISOR II $22.00 2 11;1 I' 'hlllhllllll IIIIII1 1111111 2 $48 $137
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.. SENIOR TECHNICIAN $18 05 " ~' II". '''III lilli' 0 SO SO
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3 CERTIFIED TECHNICIAN $17.35 'I I 1,/' '''''111111
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2 TECHNICIAN $1455 "" 'I 'I III 0 SO SO
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III III1 I I I
1 JUNIOR TECHNICIAN '12.75 IIII1 11111 ~ll I /..."'111 I~." 48 $812 $1,838
o TECHNICAL AIDE 'II II 11/1 IIII~ hi" 0 SO $0
$11.20 Illq, 1IIIl,i 111".""11 111"1'
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lill T ,III" ACtUAL MULl1
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ITEM DESCRIPTION TASK 1 TASK 2 TASK 3 TASK .. DIRECT DIRECT
COMPUTE~AUTOCADD S500 S760 $1,250 $1,250
PRINTING, REPROGRAPHICS, AND GRAPHICS $50 $400 $450 $450
WORD PROCESSING $250 $250 $250
SURVEYING SO SO
SOILS $0 SO
AERIAL PHOTOGRAPHY SO $0 I
I
AIR FARE SO SO I
I
AUTO MILEAGE SO $0 I
I
MEAlSllODGING SO $01
TELEPHONE $tO $t50 $100 $160 '
POSTAGElFREIGHT $10 $150 $160 $160
SUPPLIES $25 $200 .225 $225
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.- Engineers
,.- Planners
lEiJ1llI.lI Economists
"_ Scientists
November 19, 1991
SEF30787.D 1
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Attention: Mr. William H. Greenwood
Director of Environmental Services
Subject: Provision of Water and Sewer Service to the Former Enclave Areas.
Lake Ida, Germantown, North Federal Highway Areas
Service Authorization No.4
As mentioned in my letter of October 30, 1991, if the City decides it is in its best
interest to have two construction contractors for the Enclaves water and sewer work it
will be necessary to provide additional engineering services during construction.
Specifically, the additional services related to the second contractor will include the
following:
. Preparation of additional conformed contract documents for execution
by Contractor and review executed Contract Documents and bonds
before fOlwarding to the City for execution.
. Prepare for and conduct an additional preconstruction conference.
. Prepare for and conduct an additional monthly progress meeting for the
estimated 8 months of construction.
. Review an additional set of shop drawings, diagrams, illustrations,
catalog data, schedules and samples, the results of tests and inspections,
and other data which the Contractors are required to submit.
. Review, recommend modifications as appropriate, and submit to the
City for payment the monthly payment requests of an additional
Contractor.
CH2M HILL Southeast Florida Office HII/sboro Executive Center North. 800 Fairway Drive. Suite 350 305.426.4008
Deetfle/d Beach. FlorIda 33441 407,737.6665
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City of Delray Beach
p.age 2
November 19, 1991
SEF30787.D1
. Conduct an additional substantial completion review of the construction
and prepare an additional letter of substantial completion.
. Make a final review of the construction and assist in negotiating final
payment and submit a final letter report for an additional contractor.
Enclosed is a cost estimate for $26,606 for completing the above additional services.
This estimate represents less than 50 percent of the. original fee for a single
contractor.
In addition, George Abou.Jaoude has brought to our attention that a utility easement
leading to an existing sanitary manhole on Royal Palm Drive, west of Lime Lane
(Germantown area) has been vacated by the City. If this easement cannot be obtain-
ed by the City, it will be necessary to redesign the sanitary collection system depicted
on Sheets 20, 21, and 22 to redirect the flow elsewhere in this portion of the enclave.
We are also enclosing a cost estimate in the amount of $4,570 to revise these
particular drawings during construction.
We are prepared to draft an amendment to the Service Authorization, at your
direction. If you have any questions, please contact me.
Sincerely,
CH2M HILL
f3,~
Brian A. Shields, P .E.
Project Manager
dbt 120\024.51
Enclosures (2)
cc: George Abou-JaoudelDelray Beach
John Curtiss/CH2M HILL
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CH2M HILL
SERVICE AUTHORIZATION 4
DATE: fa /9 /?t9
PAGE I OF 9
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SERVICE AUTHORIZATION UNDER THE AGREEMENT TO FURNISH
PROFESSIONAL SERVICES DATED 07.11-90 BETWEEN THE CITY OF
DELRA Y BEACH, FLORIDA, AND CH2M HILL SOUTHEAST, INC.
TITLE: PROJECf NO. 90-53--PROVlSION OF WATER AND SEWER
SERVICE TO THE FORMER ENCLAVE AREAS--LAKE IDA,
GERMANTOWN, WORTH FEDERAL HIGHWAY AREAS
CATEGORY OF WORK:
GENERAL:
This SERVICE AUTHORIZATION shall modify the professional services agreement
referenced above and shall become part of that AGREEMENT as if written there in
full.
This SERVICE AUTHORIZATION represents the provision of water and sewer
service to enclave numbers 31, 24, and 13, also known as Gennantown, North Federal
Highway, and Lake Ida areas, respectively. The provisions for the Gennantown area
will include approximately 7,750 feet of new 6.inch and 8-inch water mains and
8,700 feet of 8-inch and lO-inch sewer lines and manholes. The provisions for the
North Federal Highway area include approximately 9,700 feet of new 6.inch and s..inch
water mains and 15,900 feet of 8-inch and 10.inch sewer lines, manholes and a lift
station. The provisions for the Lake Ida area include approximately 6,300 feet of
6-inch water mains and 9,200 feet of 8-inch sewer lines, manholes, and a lift station
with design based on the CITY's standards. The scope of this SERVICE
AUTHORIZATION is limited to: preparation of specifications, contract drawings,
permit applications; cost opinion, assistance in bidding and services during construction
for the above-referenced improvements. A single set of contract documents will be
prepared for receiving competitive bids for the three enclave areas described
previously. A tentative drawing count for the project is 36 sheets at I-inch equals
50 feet for plan drawings and I-inch equals 5 feet for sewer profiles.
I. SERVICES TO BE PROVIDED BY THE CONSULTANT
A. DESCRIPTION OF WORK TASKS
CONSULTANT will provide specific services to the CITY in accordance
with the following Task descriptions.
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SERVICE AUTHORIZATION 4
DATE: ICJ/9/9tJ
PAGE 2 OF 9
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Task i--Design Services - Prepare Drawings, Specifications and Contract
Documents.
CONSULTANT will prepare drawings, specifications, and Contract
Documents, including proposal forms, notice to bidders, general and
special conditions, bond forms, etc., for bidding and construction.
CONSULTANT will submit three (3) sets of plans for the City's review
of the following: Predesign layout showing proposed preliminary
alignment on available I-inch equals 200.feet scale water and sewer atlas
maps and based on existing available information about the utility system;
and the 50 percent and 80 percent completion stage of the final design
drawings. Three meetings to coincide with the review of these documents
will be conducted with City staff.
CONSULTANT will prepare an opinion of construction cost based on
the completed construction drawings and specifications.
In providing opinions of cost and schedules for the project, the
CONSULTANT has no control over cost or price of labor and materials;
unknown or latent condition of existing equipment or structures that may
affect operation or maintenance costs; competitive bidding procedures
and market conditions; time or quality of performance by third parties;
quality, type, management, or direction of operating personnel; and other
economic and operational factors that may materially affect the ultimate
project cost or schedule. Therefore, the CONSULTANT makes no war-
ranty that the CITY'S actual project costs or schedules will not vary from
the CONSULTANT'S opinions, analyses, projections, or estimates.
Task 2--Special Services - Surveying, Soil Borings and Pennitting
CONSULTANT will furnish survey and mapping and photogrammetric
personnel and equipment required to obtain field information necessary
to prepare satisfactory plans and specifications for the PROJECf.
CONSULTANT will prepare one legal description for the lift station site
in the Lake Ida area. Surveys for easements and rights-of-way are not
included but can be provided and paid for as additional services.
CONSULTANT will perform soils investigation to establish nature of
subsurface materials and water table elevations at the two lift station sites
with a 30.foot boring for each station.
In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
dbpO 19/057 .51
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CH2M HILL
SERVICE AUTHORIZATION 4
DATE: /O/?/.9't1
. PAGE 3 OF 9
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explorations, and investigations have been made. Because of the
inherent uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur which could affect total PROJECf
cost and/or execution. These conditions and cost/execution effects are
not the responsibility of the CONSULTANT.
CONSULTANT will assist with up to 86 labor hours of effort in
obtaining necessary pennits for construction by:
. Preparing pennit applications for wastewater collection and
water distribution, and submitting to Florida Department of
Environmental Regulation through Palm Beach County
Health Department for approval and FOOT for work
adjacent to Dixie Highway.
. Responding to review questions from reviewing agencies
. Meeting with reviewing agencies to discuss review
comments (one such meeting is assumed).
Task 3--Assistance During Bidding
CITY will utilize standard procurement procedures for the formal
advertising and receipt of bids.
CONSULTANT will furnish 6 copies of final.drawings and specifications
for the City's use.
CONSULTANT will provide document mailing and pre-bid services, such
as preparation of advertisements for publication by the CITY,
distribution of planholder lists, issuing of addenda, answering technical
questions during the bidding period, attending the bid opening, evaluating
bids, and making a recommendation for award.
CONSULTANT will prepare 10 copies of conformed contract documents
for execution by Contractor and review executed Contract Documents
and bonds before forwarding to the City for execution.
Task 4--Services During Construction
CONSULTANT will conduct a preconstruction conference including the
CITY, Contractor, Contractor's subcontractors, and regulatory agencies.
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SERVICE AUTHORlZATI~ 4
DATE: /t:J ?'7?0
PAGE 4 OF 9
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CONSULTANT will provide technical interpretations of the drawings,
specifications, and Contract Documents, and evaluate requested
deviations from the approved design or specifications.
CONSULTANT will conduct a monthly progress meeting with the
Construction Contractor's(s) representatives and the CrrY as necessary
to assist in implementing the construction process.
CONSULTANT will act as initial interpreter of the requirements of the
Contract Documents and judge of the acceptability of the work
thereunder and make decisions on all claims of CITY and Contractor(s) .
relating to the acceptability of the work or the interpretation of the
requirements of the Contract Documents pertaining to the execution and
progress of the work. CONSULTANT shall not be liable for the results
of any such interpretations or decisions rendered in good faith.
CONSULTANT will assist in negotiating with the Contractor the scope
and cost of any necessary contract change orders. Prepare such change
orders as may be required and submit them to the CITY for approval.
One change order is assumed for this proposal.
CONSULTANT will make 28 periodic visits to the site of the PROJECT'
to observe the progress and quality of the work and to determine, in
general, if the work is proceeding in accordance with the intent of the
Contract Documents.
The presence or duties of the CONSULTANT'S personnel at a
construction site, whether as onsite representatives or otherwise, do not
make the CONSULTANT or its personnel in any way responsible for
those duties that belong to the CITY and/or the construction contractors
or other entities, and do not relieve the construction contractors or any
other entity of their obligations, duties, and responsibilities, including, but
not limited to, all construction methods, means, techniques, sequences,
and procedures necessary for coordinating and completing all portions of
the construction work in accordance with the Contract Documents and
any health or safety precautions required by such construction work. The
CONSULTANT and its personnel have no authority to exercise any
control over any construction contractor or other entity or their
employees in connection with their work or any health or safety
precautions and have no duty for inspecting, noting, observing, correcting,
or reporting on health or safety deficiencies of the construction
contractor or other entity or any other persons at the site except
CONSULTANT'S own personnel.
dbpOl91057.51
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CH2M HILL
SERVICE AUTHORIZATION 4
DATE: ItJ/?/?tJ
PAGE 5 'OF 9
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CONSULTANT will review shop drawings, diagrams, illustrations, catalog
data, schedules and samples, the results of tests and inspections, and
other data which the Contractor is required to submit. These shall be
reviewed for general conformance with the design concept of the
PROJECf and. general compliance with the information given in the
Contract Documents. Such review is not intended as an approval of the
submittals if they deviate from the Contract Documents or contain errors,
omissions, and inconsistencies, nor is it intended to relieve the Contractor
of his full responsibility for Contract performance, nor is the review
i~tended to ensure or guarantee lack of inconsistencies, errors, and/or
omissions between the submittals and the Contract requirements.
CONSULTANT will coordinate the work of inspection bureaus and
laboratories in the observation and tests of materials used in the
construction; receive and evaluate reports by such laboratories or
bureaus.
CONSULTANT will review, recommend modifications as appropriate,
and submit to the CITY for payment the monthly payment requests of
the Contractor. By recommending any such payment, ENGINEER will
not thereby be deemed to have represented that title to any work,
materials, or equipment has passed to OWNER free and clear of any
liens.
ENGINEER will make a final review of the construction to determine, in
general, if the work has been completed in conformance with the intent
of the contract documents. Assist in negotiating final payment for
construction and submit a final letter report upon which final settlement
and termination of the Construction Contract(s) can be based. The
CITY and appropriate regulatory agencies may furnish a representative
to jointly make the final observation of the construction. Document
proceedings of all final settlement negotiations and record basis for final
payment.
CONSULTANT will revise original drawings and submit to the CITY and
regulatory agencies completion of the work, one (1) Mylar set to the
CITY and two (2) blueprints to the regulatory agency showing record
information of the work, using available information supplied by the
Contractor( s), onsite representative personnel, suppliers and other
sources.
Task S--Additional Services
Pro~de additional services relating to the provision of water and sewer
seIVlces to the enclave areas. These additional services may be required
dbp019/057.51
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CH2M HILL
SERVICE AUTHORIZATION 4
DATE: /tJff797
PAGE 6 OF 9
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due to uncertainties discovered during survey, soils, investigations, field
verification of existing facilities and conditions, and potential property or
easement acquisitions. SeIVices performed under this task will be on an
as-directed basis in accordance with a written Notice to Proceed from the
City Manager. Each Notice to Proceed issued shall contain the following
information and requirements.
. A description of the work to be undertaken
. A budget establishing the amount of the fee to be paid in
accordance with Article VII.A.2 of the Agreement.
. A time established for completion of the work.
B. ASSUMPTIONS
Work described herein is based upon the assumptions listed below. If conditions
differ from those assumed in a manner that will affect schedule or scope of
work, CONSULTANT will advise the CITY in writing of the magnitude of the
required adjustments. Changes in completion schedule or compensation to the
CONSULTANT will be as negotiated with the CITY.
1. CITY will provide to CONSULTANT record drawings of all existing
facilities which shall serve as the basis for modifications included in this
project.
2. CITY will return to CONSULTANT within 10 working days after receipt
from CONSULTANT, one copy of the predesign layout and of the
50 percent and 80 percent complete draft contract documents containing
all comments to be considered for incorporation into the final documents.
3. CONSULTANT has assumed that all water and sewer pipe line
alignment is within CITY rights-of-way.
4. CITY will be responsible for acquisition, surveying, and legal description
of easements or property required for facilities.
5. CITY will provide to CONSULTANT records on all existing pump
stations, impacted by the enclave improvements showing depth,
horsepower, pump capacity and number of pumps.
6. CITY will observe the construction on a day. to-day basis and will provide
the CONSULTANT with information on a daily basis concerning the
progress of the work. The CITY will give prompt written notice to the
CONSULTANT wherever CITY'S staff become aware of any actual or
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CH2M HILL
SERVICE AUTHORIZATION 4
DATE: It) /P"7iJ
. PAGE 7 OF 9
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suspected defect in the work of the CONSULTANT so that the
CONSULTANT will have the maximum opportunity to mitigate any
damages from such defect.
7. The wastewater in the North Federal Highway area will flow or be
pumped to the collection system adjacent on the south side of the
enclave and that no crossings for Federal Highway have been included.
Additionally, the developer of the Anchorage has prepared a site plan
which includes the dedicated easements for the utility services and lift
station.
8. The wastewater in the Lake Ida area will flow or be pumped to the
collection systems adjacent on the east and south sides of the enclave.
9. The wastewater in the Germantown area will flow by gravity to the
existing collection systems in the area.
10. Redesign or rehabilitation of existing lift stations is not included in this
scope of work.
11. CONSULTANT has not included prepara tion of operation and
maintenance manuals or startup services in this scope of work.
12. There are no railroad, canal, U.S., County or State highway crossings
required.
13. Services during construction are based on' an 8-month construction
period.
14. Water services and sewer laterals will be located in the field by the
Contractor.
II. COMPENSATION TO THE CONSULTANT
Compensation for professional consulting engineering services as described herein is
estimated as follows:
dbp019/057.51
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CH2M HILL
SERVICE AlITHORIZATION 4
DATE: /O/9/f4
PAGE 8 OF 9
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Total
Task 1-- Design Services - Prepare Drawings,
Specifications and Contract Documents $99,726 '"""
Task 2--Special Services - Survey, Soils and
Pennitting (Palm Beach County Health Department,
FDER and FDOT) 39,149 --
Task 3--Assistance During Bidding 6,434,...
Task 4--Services During Constnlction 53,503 --
Task S--Additional Services (If Authorized by
City Manager) 20,000 ~
TOTAL $218,811 .'
Compensation for services shall be in accordance with Article VII.A.2 of the
AGREEMENT.
III. PROJECT SCHEDULE
CONSULTANT agrees to perform the services required herein within the following
time periods unless otherwise extended in writing by the CITY. Time as stated to
herein refers to calendar days from the date of execution of this SERVICE
AUTHORIZATION.
Task ie-Design Services - Prepare Drawings,
Specifications and Contract Documents 150 Days.
Task 2--Special Services--Surveying, Soil
Borings and Pennitting 180 Days.
Task 3--Assistance During Bidding 210 Days.
Task 4--Assistance During Construction 450 Days.
Task S--Additional Services As Negotiated
"'Based on no delays due to property acquisition.
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CH2M HILL
SERVICE AUTHORIZATION 4
DATE: IOIf! ffi:
PAGE 9 OF 9
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APPROVED BY THE CITY
OF DELRA Y BEACH
If. day ofL1Kh,09~
CITY OF DELRA Y BEACH, a
municipal corporation of
the State of Florida ATTEST:
B~~ ~cJ~
aEFORE M ,the foregoing instrument,
. Ma this L day of fSc;tJJ<<) , 19 ~ was
acknowledged by Gregory T. Mcintyre,
ATTEST: Vice President and Regional Manager,
By: ~ O'~VI'&r\ a duly authorized officer of CH2M
HILL SOUTHEAST, INC., on behalf of
Ac:t1~ City Clerk the Corporation and said person exe-
cuted the same freely and voluntarily
for the purpose therein expressed.
WITNESS my hand and seal in the
County and State aforesaid this Zday
of [).7A1~.h 19JZl
Notary Public ~? ttJd~
State of Florida "
~ y i'Ulllit :'\ih6 ,,\ lll;;'~'
M C .. Exp' Olill" lWl
Y ommlSSlon lres:M Commiuion bpir.. Jun. 1'1.
/I .... DB ~ ....1 \IIlIP.MI1I!!o
(Seal)
"
dbp019/057.51
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CUE NT CITY OF DELRAY BEACH
PROJECT NAME PROVISION OF WATER AND SewER SERVICE TO FORMER ENCLAVE AREAS
PROJECT NUMBER
'.":'.' '. .,. lABORCOST,DETAIL'}!'.' , .,.... .... ....,'.. ,.., . '." '. . .
TASK 3 TASK 4
RAW TASK 1 TASK 2 ASSISTANCE SERVICES
HOURLY SPEC'S SPECIAL DURING DURING TOTAL DIRECT LABOR @
CATEGORY (NAME) RATE & DRAWINGS SERVICES BIDDING CONSTRUCTION HOURS LABOR MUL TlPl.IER
8 VPISENIORCONSULTANT $33.30 0 $0 $0
7 SENIOR MGRlSENIOR CONSULTANT $33.30 0 $0 $0
6 PROGRAM. DEPT. OR DIV MGRlTECH CONSULT $33.30 4e 6 3 35 93 13.007 Sue1
5 SENIOR PROJECT MGRlTECH CONSULT $32.60 159 20 10 114 303 se.178 S2U33
,lpOJECT MGRlSR PROJECT PROFESSIONAL S28.10 0 $0 $0
~ PROJECT PROFESSIONAL $25.00 296 32 36 26e 633 S15.825 $47.475
;l PROJECT PROFESSIONAL II S21.55 1&4 170 3504 S7,_ $22,886
1 PROJECT PROFESSIONAL I $18.75 0 $0 $0
5 LEAD TECHNICIANlSUPERVISOR II $22.lK) 0 $0 $0
4 SENIOR TECIflICIAN $18.e5 134 18 152 $U80 $8.&41
3 CERTlFIED TECHNICIAN S17.35 0 $0 $0
2 TECHNICIAN $14.55 0 $0 SO
JUNIOR TECHNICIAN $12.75 332 10 342 $4.311 $13.082
.. TECHNICAL AIDE $11.20 356 78 434 $4,881 $14.582
OFFICE SUPPORT $11.50 187 18 28 55 268 $3,. $U.ca
..:. .... DlRecrcosriDETAltt:f'/)" /,' ..', ,;> ,
ACTUAL MUL Tl
ITEM DESCRIPTION TASK 1 TASK 2 TASK 3 TASK 4 DIRECT DIRECT
COMPUTE~AUTOCADD $3.800 $200 $200 $600 "'.800 $4.600
PRINTING. REPROGRAPHICS. AND GRAPHICS seso $200 $1,000 sgoo $3,050 I3.oso
WORD PROCESSING $2.000 $250 $250 $200 $2.700 $2.700
SURVEYING $25.000 $25.000 $25.000
SOILS $1.500 $1.500 S1.5OO
AERIAL PHOTOGRAPHY $6.000 $8.000 $8.000
AIR FARE SO SO
AUTO MILEAGE $0 SO
MEALSlLOOGING $0 $0
TELEPHONE $70 $20 $20 $100 $210 $210
POSTAGElFREIGHT $25 $50 $75 S75
SUPPLIES S500 $20 $20 $300 $840 $&40
- 004"0?~iG~~~I~IIIIIII~IIIII~I~
. .".':TOTAL'lABOR'AND DIRECr.~EFlY@~~::lt:j::::::::~::'::':':::';:::::\:::::::.:::::':..:,.~;7Z:ji:m\':'.":!:,.~.~I:j;:;':::,.::::::.::::t.:::I~~:.\:.:::::::::::(:::,:::'::'::::::;;:::'::'$5.ii~:iii:;:::.::" ......,.:.::'.:::':::':::::~~~;;::::::i::::i::!i1~;:
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CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION AMENDMENT
DATE: , 1991
AMENDMENT 1 TO SERVICE AUTHORIZATION NO.4 FOR
CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECf NO. 91-25 (CITY) SEF30787.DO (CONSULTANT)
TITLE: Provision of Water and Sewer to the Former Enclave Areas
I. PROJECf DESCRIPTION
The City requires utility easements for proposed utilities not located within a
dedicated right-of-way.
II. SCOPE OF SERVICES
Amend Task 2, Special Services, of Service Authorization 4, according to the
folJowing modifications to the Scope of Design, presented as Attachment A to Service
Authorization 4.
III. BUDGET ESTIMATE OF SERVICES
1. Prepare a maximum of 21 legal descriptions and sketches suitable for
recording as utility easements. These easements are located on Sheets 6, 9,
and 10 of the contract drawings.
2. Prepare one legal description and sketch suitable for recording as an easement
for a 25-by-25-foot parcel outside the project limits.
Compensation for professional consulting services as specified in Service
Authorization 4 shall be modified as follows:
Task 2 - Special Services: add $6,250
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IV. COMPLETION DATE
Add three (3) weeks to the schedule specified in Service Authorization 4 for items
not yet completed.
APPROVED BY THE CITY CONSULTANT
OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC.
_ day of , 19 _ By:
Gregory T. McIntyre, P.E.
Vice President and
Regional Manager
CITY OF DELRA Y BEACH, BEFORE ME, the foregoing instru-
a municipal corporation of the State of ment, this _ day. of , 19 _, was
Florida acknowledged by Gregory T. McIntyre,
Vice President and Regional Manager,
a duly authorized officer of CH2M
By: HILL SOUTHEAST, INC., on behalf
Thomas E. Lynch, Mayor of the Corporation and said person
executed the same freely and vol un-
, tarily for the purpose therein
expressed.
A TrEST:
ATTEST:
By:
City Clerk
WITNESS my hand and seal in the
County and State aforesaid this _ day
of , 19 .
APPROVED AS TO FORM: -
Notary Public
State of Florida
By:
City Attorney My Commission Expires:
(Seal)
dbl120/018.51 2
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@- r'l\v\r-O.,l Ih"" ~.I_II~ .'
EngIneers ~. . \ a \ ~:.. ..' I. I ,"
- Planners 92 J~\H 22 P;\ \: \ 3 ,'AI'..u... '
~ Economists f"'::' ,.':, f':':~r". ,~~
- Scientists .r. IL. '.l L... C v 1__".1
January 21, 1992
SEF30787.D1
Mr'. William H. Greenwood
Director of Environmental Services
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
Dear Bill:
Subject: Water and Sewer Service to the former Enclaves
Service Authorization No.4
As mentioned in my letter of November 19, 1991, by deciding to have two separate
construction contractors for the Enclaves, it is necessary to provide additional engi-
neering services during construction. We enclosed a draft amendment to the Service
authorization for an additional $31,176, which included fees to redesign a portion of
the Germantown enclave.
Since the construction has proceeded, we have been performing these additional
services, including .the redesign at the request of the City iri order to keep the project
on track. We have utilized fee from our original authorization, but are accruing costs
at a greater rate than anticipated. We will run out of available fee before the project
is completed, unless the amendment to the Service Authorization is approved. Please
advise.
Sincerely,
CH2M HILL
1J>s-~
Brian A. Shields, P .E.
Project Manager
10010158.DFB
cc: George Abou-JaoudelDelray Beach
John Curtiss/CH2M HILL
CH2M HILL Southeast Florida Office Hlllsboro Executive Center North, 800 Fairway Drive. Suite 350 305.426.4008
Deerfle/d Beach. Florida 33441 407.737.6665
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
y,A
FROM: CITY MANAGER "i'/
SUBJECT: AGENDA ITEM i 8"" H - MEETING OF FEBRUARY 11. 1992
AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. 6/CH2M HILL
DATE: February 7, 1992
This is an amendment in the amount of $19,597 to Service
Authorization No. 6 for additional engineering services in
conjunction with the Emergency Wellfield Remediation project. The
added work reflects both alterations in the project design as a
result of regulatory changes which occurred during the
preconstruction period and the need to work closely with the
contractor to reduce City exposure to the potential for excessive
construction cost increases resulting from the change order process.
At the February 4, 1992 workshop meeting CH2M Hill made a
presentation relative to this amendment and additional services.
Through negotiation, a 50% reduction in price for Task 1 and 4 was
agreed upon. Those changes are reflected in Amendment No.1.
Recommend approval of Amendment No. 1 to Service Authorization No. 6
in the amount of $19,597 with funding from Water and Sewer Wellfield
Assessment and Protection (Account No. 441-5162-536-60.37).
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Agenda I tem No. :
.AGENDA REQUEST
Date: 02/06/92
Request to be placed o~:'
CONSENT
xx ~tH..""ft"r--hqeJ"u!-a Special Agenda Horkshop Agenda
When: February 11, 1992
Desc+iption of agenda item (who, what, where, how much): Reauest City Commi ssion
to aoorove Ammendment No.1 to Service Authorization No.6 for additional consulting services to CH2M Hill.
Services were due to changes in DERM regulations, extra supervision, and modifvina locations on Golf Course.
Funding 441-5162-536-60.37 Project #90-10 Cost $19,597.00
ORD~NANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approval to CH2M Hill for Ammendment No.1 to Service Authorization
No.6 in the amount of $19,597.00. City Commission reviewed Chanqe Order request at their February 4. 1992
... Workshop Session. Commission requested CH2M Hill to reduce the cost of Task No 1 "nri 4 in half. Attached
Change Order No.1 reflects this decrease.
G.~ ~,f~~__~ ~/~/~-z-
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
"f"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite~s involving expenditure
of funds):
Funding available: ~/ NO (if applicable)
Funding alternatives:
Account No. & DeSjqiPtion: ~5~~2.-~~-31 'l-JE..LLf=IEL-C> A$Sr;..95. peJ)T.
Account Balance: I~DO N ~. l(f<<.I~TION of P.o. ANI:> CONTltJ~~It:-V"n2-A~a:'.
1\
City Manager Review: 'l-OI~A
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Approved for agenda: (YE$/ NO lYI;~/
Hold Until: i - j
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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CHMHILL
'-'RAHSJI%ft'AL
'1'0 George Abou-Jaoude l'aoK John Curtiss
City of Delray Beaoh CH2M HILL
434 S. Swinton Avenue 800 Fairway Drive, Suite 350
Delray Beaoh, FL 33444 Deerfield Beach, FL 33441
AT'l'N DAD February 6, 1992
1UI: Pao.:nllC!' 110. SEF24708.El.1O
WE ~E SENDING YOU:
( X] A1'TACElBD t J UNDER SEPARATE COVER VIA
{ J SHOP DRAWINGS [ ) DOCUMENTS [ ) TRACINGS
[ J PRINTS [ ] SPECIFICATIONS [ ] CATALOGS
( ] COpy OF LETTER [ ]
QUAN'l'I'l'Y DBSCl\Il''l'IOR
1 Amendment No. 1 to Addendum No. 6 to the Standard Agreement for
Professional Services
IF MATERIAL RECEIVED IS NOT AS LISTED, PLEASE NOTIFY US AT ONCE.
lWWUtS To Bill Greenwood:
Enc~osed is Amendment No. 1 to Addendum No. 6 with a 50\ reduction in Items 1
and 4, as negotiated with the Mayor and City Commission on February 4, 1992 in
a Commission Workshop. We recognize Mayor LynCh'S concern on ~ddressinq fee
changes early in the project and seek your support in helping us to routinely
address these matters during the course of the project with the City Manager and
the Commission. Thank you fo~ your support on this matter and on the Enclaves
fee adjustment for additional services.
John
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CITY OF DELRA Y BEACH
CONSULTING SERVICE AUTHORIZATION AMENDMENT
DATE: t 1992
AMENDMENT NO.1 TO ADDENDUM NO.6 TO THE STANDARD AGREEMENT
FOR PROFESSIONAL SERVICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO. 2Q:10 (CITY OF DELRA Y BEACH) SEF24708.E1.10 (CH2M mIL)
TITLE: Emergency Well Field Remediation
I. PROJECT DESCRIPTION
The City requires additional services during the construction activities related to the
Emergency Well field Remediation Project. The added work reflects both alterations in the
project design as a result of regulatory changes which occurred during the preconstruction
period and the need to work closely with the contractor to reduce City exposure to the
potential for excessive construction cost increases resulting from the change order process.
II. SCOPE OF SERVICES
Amend Task l~-Design Underground Fuel Storage Tanks at North and South Pump Stations,
to include:
1. Redesign storage tanks as above ground units at both pump stations resulting from
changes in DERM regulations.
2. Redesign the above ground storage tank at the North Pump Station as a 550 gallon
skid mounted tank to provide additional flexibility not available when the fuel storage
tanks were located below ground.
3. Redesign the location of the generator and storage tank at the 20 Series Wellfield
resulting fonn the changes in Pp1m Beach County Department of Environmental
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Regulation and Management regulations and the objections of an adjacent property
owner.
4. Redesign the location of the golf course generator and storage tank from Well Nos. 31
and 32 to Well Nos. 27 and 28 for aesthetic reasons requested by the City golf course
management.
5. Redesign the location of the storage tank from the north side, street exposure to the
south side, rear yard of Pump Station No. 50 resulting from the changes in DERM
regulations.
6. Delete the overflow tank and pump at the existing generator west of the treatment plant
chemical building from the contract drawings.
7. Revise contract documents pertaining to chemical storage south of the water treatment
plant chemical building resulting from the interim failure and removal of an existing
tank and the decision to provide temporary storage measures until the proposed lime
softening processes are implemented.
Amend Task 3--Bidding and Pennit Assistance. to include:
1. Additional project management time, primarily in the form of meetings, required to
mitigate the potential effects of the adversarial relationship with the Contractor resulting
from the initial bid error claim. Considerable emphasis was placed on avoiding
construction change orders.
Amend Task 4--Services During Construction, to include:
1. Additional routine project management time associated with the management of a
construction project including meetings. interpretations and negotiations resulting from
a 39 day extension of the anticipated contract time.
Amend Task S--Resident Inspection, to include:
1. Additional resident observation in excess of the SSO hours originally estimated. The
added time was required by changes in the project design and the initial adversarlal
relationship between the City and the Contractor.
DI. BUDGET ESTIMATE OF SERVICES
Compensation for professional consulting services as specified in Addendum No. 6 shall be
modified as follows:
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Task l-Design: Add $11,125
Task 3-Bidding Assistance: Add $ 1,365
Task 4-Services During Construction: Add $ 938
Task 5-Resident Inspection: Add $ 6.196
Total Compensation Added to Addendum No.6: $19.597
APPROVED BY TIm CITY CONSULTANT
OF DBLRA Y BEACH CH2M HILL SOUTHEAST, INC.
_ day of .19 _ By:
Gregory T. McIntyre, P.E.
Vice President and
Regional Manager
CITY OF DELRA Y BEACH, BEFORE ME, the foregoing instrument
a municipal corporation of the State this _ day of , 19, _, was
of Florida acknowledged by Gregory T. McIntyre,
Vice President and Regional Manager, a
duly authorized officer of CH2M HD.L
By: SOUTHEAST. INC., on behalf of the
Thomas E. Lynch, Mayor Corporation and said person executed the
same freely and voluntarily for the purpose
therein expressed.
A TrEST: A TI'EST:
By:
City Clerk
WITNESS my hand and seal in the County
and State aforesaid this _ day of
,19_.
APPROVED AS TO FORM:
Notary Public
State of Florida
By:
City Attorney My Commission Expires:
(Seal)
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DELRAY BEACH EMERGENCY WELLFIELD PROJECT
BREAKDOWN OF EXTAA COST BASED ON ADDITIONAL SERVICES
CH2M HILL I J,BAHN I NOVEMBER 11. 1991
ACTIVITY HOURS RATE eUeTOTAL TOTAl.
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PROCESSING. COORDINATING &
NEGOTIATION 84 $86.31 $7,166
REDESIGN 19 $71.22 $1,353
ESTIMATING 20 $SO.53 $1,011
REORAFTING 30 $43.8Q $1,317
WORD PROCESSING 8 $34.75 $278
TOTAL COST PROCESSING CHANGES 11,126
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MEETINGS 4 $85.31 $341
MANAGMENT OF INTlTIAL ADVSRSARIAL RELATIONS 12 $86.31 $1,024
$',385
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11 $M.31 $038
TOTAL PM EXTRA COST $13,428
:~Xfg~:.~~111Ii~i'1,,:llJ.ll:1!:i;\r:r,j,::::'::::,:'::,:1;i;!:(:jij,\:~:1:,'t;:1:,:::\;:\':i~iii:i
CURTIS WILLIS 362
MIKE FURCOCK 315
LEN DRAGO 20
OTHERS 34
TOTAL LABOR HOURS 731
ANTICIPATED LEVEL OF EFFORT 550
EXTRA RESIDENT INSPEOTION EFFORT 91 $&1 $5,551
EXPENSES $618
TOTAL RESIDENT EX'1'AA COST $8,18S
~~1iW~\'O'f':<<"~""\l"'~"':~~~l' h~<<<'W@lif'.'.'" "~~l~r"~' i.'<~"?~M:b~-%'~~8f'~~'~m'Yi%'~'M~~\ ~fr"x~
[~~t ~i.~9~f;/~1;k.<f.l1~~i'~;Lt~ J:~~'> x;V\~~f!b;o' ~~~.!;.l~ :.~~~~ >~plr;1t .,j~ ~~\~*h'k. ~ix~~@s"~ :.cr~ ....~ 'h~~ .
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
OrJ'
FROM: CITY MANAGER//
SUBJECT: AGENDA ITEM i 3:r - MEETING OF FEBRUARY 11. 1992
APPROVAL OF CONTRACT FOR SURVEYING SERVICES/SURVEY SOUTH
DATE: February 7, 1992
This item is before you to approve a contract for surveying services
with Survey South, Inc.
This is a standard consulting contract used for securing
professional services. The agreement provides that any work
performed under this contract must be authorized by the Commission
via a service authorization and contains the standard indemnification
clause.
Recommend approval of the contract with Survey South, Inc. for
surveying services.
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: Jan. 31, 1992
X Regular Agenda ____Special Agenda ____Workshop Agenda
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When: 2/11/92
Description of agenda item (who, what, where, how muchJ____
Staff request execution of Survey South Standard Agreement for urvey-
ubg Services.
(No Funding Code)
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
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Recommendation: Staff recommends approval and execution of Survey
South Standard Agreement tor SurveYlng ~erVlces.
Department Head Signature: ~~;:~~ "'- . ~~ ,0 ~/-*Z- ~(If
Determination of consi~tency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: /{E~/NO t:yvf
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
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AGREEMENT FOR SURVEYING SERVICES
Consultant: Survey South, Inc.
Date: May, 1991
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TABLE OF CONTENTS
Paqe
I. Definitions; General Considerations 1
II. General Duties of Consultant 2
III. Duties of Consultant 4
IV. Data and Services to be Provided by City 5
V. Time of Performance 5
VI. Agreement Period 6
VII. compensation 6
VIII.Pay~ent 8
IX. Miscellaneous Provisions
A. Ownership of Documents 8
B. Copies of Documents 9
C. Insurance 9
D. Litigation Services 11
E. Authority to Contract 12
F. Assignment 12
G. Confidential Information 12
H. Non-Exclusive Contract 12
I. Sub-Consultants 13
J. Notices 13
K. Attachments 13
L. Truth-In Negotiation Certificate 13
M. Records 14
N. Personnel 14
O. Equal Opportunity Employment; Non-Discrimination 14
P. Prohibition Against Contingent Fees 14
Q. Termination 15
R. Indemnification 15
S. Interest of the Consultant 16
T. Compliance with Laws 16
U. Jurisdiction; Venue 16
V. Attorney's Fees 16
W. Internal Disputes Between Owner and Consultant 17
X. Extent of Agreement 17
Exhibit A: Service Authorization(s) (sample)
B: Hourly Rate Chart (sample)
C: Invoice (sample)
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AGREEMENT FOR SURVEYING SERVICES
THIS AGREEMENT, made and entered into this _ day
of , 19 -' by and between the CITY of Delray
Beach, Florida, hereinafter referred to as "CITY", and
Survey South, I nc . , hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the CITY has provided notice of the desired
professional services and carried out the proper selection
process pursuant to and in accordance with the Consultants
Competitive Negotiation Act, Chapter 75-281; and;
WHEREAS, the CITY represents that it is a Florida
Municipal Corporation with the authority to engage the
CONSULTANT and to accept the obligation. for the services
desired; and;
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued at the time of or subsequent to execution of this
AGREEMENT; and
WHEREAS, the CONSULTANT shall provide such
professional services ill accordance with this AGREEMENT and
SERVICE AUTHORIZATION(S).
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
understood and agreed as follows:
I. DEFINITIONS; GENERAL CONDITIONS
A. THE SCOPE OF WORK is to be implemented as set forth
by this AGREEMENT and by SERVICE AUTHORIZATIONS,
which are attached hereto and made a part hereof, and
as also may be . added as approved by the CITY from
time to time.
B. A SERVICE AUTHORIZATION is a form to be used to
authorize work, projects, and services. The form
shall be executed by the CITY'S and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
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, authorization is established in the CITY Code of
Ordinances with provisions for expenditure level of
approval authorizations. A sample form of the
service authorization is attached. as Exhibit "A" to
this AGREEMENT. The projects, work and'services to
be performed by the CONSULTANT and time for comple-
tion of the particular phal?e of the work by CONSUL-
TANT shall be authorized by a SERVICE AUTHORIZATION.
The SERVICE AUTHORIZATION shall include the scope of
work to be performed; the budget cost, complete with
an itemization of manhours, wage rates, reimbursable
expenses, and other related costs; schedule for
completion and name of project manager. The SERVICE
AUTHORIZATION- shall be signed by the CITY and the
CONSULTANT I S authorized representati ve. A Ci ty
purchase order shall be issued with authorization
. identifying funds and amount of expenditures. The
terms of this AGREEMENT supersede the terms stated on
the purchase order.
C. PHASES: A phased approach may be.utilizad. The CITY
and the CONSULTANT shall have the right to negotiate
the terms of each phase as contained within each
SERVICE AUTHORIZATION, and to reject any SERVICE
AUTHORIZATION, if the parties cannot agree to the
terms of the SERVICE AUTHORIZATION. In the event the
parties cannot agree, the CITY may select another
proposer or go out for additional propo~als in order
to complete the subsequent phase(s) of the project.
This phased approach shall not waive the CITY'S right
to terminate the CONSULTANT'S contract during any
phase of the project.
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT, and the CONSUL-
TANT will provide the professional and technical
services required under this AGREEMENT in accordance
wi th acceptable professional practices and ethical
standards. No employer/employee relationships shall
be deemed to be established and the CONSULTANT, its
agents, subcontractors, and employees shall be
independent contractors at all times.
B. Professional and Technical Services. It shall be the
responsibili ty of the CONSULTANT to work with the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execution by both parties.
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C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
D. The CITY shall establish a budget for each project
awarded to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to
the CITY, drawings, reports and other applicable
services if the budget for the entire project is
exceeded during and up to completion of the final
phase of the project; however, nothing contained
herein shall ,require the CONSULTANT to bear
additional costs if the additional costs are a result
of a change in the scope of services direct~d by the
CITY.
E. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely comple-
tion, compliance with regulations and rules, and the
coordination with all appropriate agencies of all
drawings, reports and other services furnished by the
CONSULTANT under this AGREEMENT. If the CITY
determines there are any errors, omissions or other
deficiencies in the CONSULTANT'S, drawings, reports
and other services, the CONSULTANT shall, , without
additional compensation, correct or revise said
errors or omissions to the satisfaction of the CITY.
F. Approval by the CITY of drawings, reports and
incidental professional services or materials
furnished hereunder shall not in any way relieve the
CONSULTANT of responsibility for the technical
adequacy of its work. The CITY'S review, approval or
acceptance of, or payment for, any of the services
shall not be construed to operate as a waiver of any
rights under this AGREEMENT or of any cause of action
arising out of the performance of this AGREEMENT~
G. The CONSULTANT designates Manuel A. Gutierrez,
P.L.S., as its representative to act as liaison with
the CITY. The representative shall manage and
coordinate CITY projects and is hereby authorized to
act on behalf of the CONSULTANT to negotiate
and approve SERVICE AUTHORIZATIONS and act on any
other related matter with respect to performance of
services for the CITY in accordance with the
AGREEMENT. Any change to name another person shall
be requested in writing to the CITY, and shall be
approved by the CITY.
H. CONSULTANT shall attend all meetings, as specified or
as defined in each SERVICE AUTHORIZATION of the CITY
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Commission or any CITY approval Board, where the
project is discussed, unless the City's representa-
tive declares such attendance and participation is
not necessary. In addition, the CONSULTANT shall
'attend all additional meetings as may be required to
facilitate the project.
III. DUTIES OF CONSULTANT:
The following Duties of CONSULTANT may be separated
into phases of the project which if approved via SERVICE'
AUTHORIZATIONS shall be performed by the CONSULTANT. The CITY
may require SERVICE AUTHCRIZATIONS which contain additional re-
quirements applicable to the project. The CITY must authorize
through SERVICE AUTHORIZATIONS, the commencement of each phase
of the work.
A. The CONSULTANT shall consult with the CITY to clarify
and define the CITY'S requirements for the Project
and review available data.
B. The CONSULTANT shall advise the CITY as to the
necessity of the CITY'S providing or obtaining from
others, data or services.
.
C. The CONSULTANT shall furnish the number of copies of
the Survey and Report documents as provided in the
SERVICE AUTHORIZATION and ,review them with the CITY.
D. The CONSULTANT, in consultation with the CITY shall
determine the general scope, extent and character of
the Project.
E. Advise the CITY if additional data or services are
necessary and assist the CITY in obtaining such data
and services.
F. The CONSULTANT shall make available all design
calculations and associated Data.
G. The CONSULTANT shall prepare survey documents which
shall include but not be limited to drawings and
technical information, general and supplementary
conditions, with technical criteria, descriptions
and data necessary for permitting by governmental
authorities.
H. ' The CONSULTANT shall in the preparation of survey
documents, technical criteria, written descriptions
and data, take into account all currently prevailing
codes and regulations governing construction in the
City of Delray Beach, Florida, and shall meet the
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requirements of all other agencies or governmental
authorities having jurisdiction over the project.
IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents, and other
information as the CONSULTANT and CITY mutually
deem necessary and which are under control of
the CITY.
B. Other data and services to be agreed ' upon in
subsequent SERVICE AUTHORIZATIONS.
C. Pay for all legal advertisements incidental to
obtaining bids or proposals from contractors.
D. The City Manager or his designee shall act as
the CITY'S representative with respect to the
work to be performed under this AGREEMENT. The
City Manager or his designee shall have the
authori ty to the extent authorized by the City
Charter and Code of Ordinances to exercise the
rights and responsibilities of the CITY provided
in this contract. Said authority may include
but is not limited to: transmit instructions,
stop work, receive information, interpret CITY'S
policies and decisions with respect to materi-
als, equipment, elements, and systems pertinent
to the services covered by this AGREEMENT.
E. Pay all permit application filing fees.
F. Provide access to CITY facilities.
V. TIME OF PERFORMANCE
A. The CONSULTANT will begin work promptly after
issuance of a n6tice to proceed.
B. The CONSULTANT'S services called for under the
AGREEMENT shall be completed in accordance with the
schedule contained in each SERVICE AUTHORIZATION. If
the CONSULTANT'S services are unreasonably delayed by
the CITY in excess of 180 days, the time of perfor-
mance and compensation shall be renegotiated, provid-
ed; however, the CONSULTANT as a condition precedent
to renegotiation shall notify the CITY within fifteen
(15) calendar days from the end of the said delay of
CONSULTANT'S proposed additional costs incurred by
reason of said delay.
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VI. AGREEMENT PERIOD
.
The period of service is from the date of execution of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS issued have been completed. Each SERVICE
AUTHORIZATION shall delineate a time for completion of the
service to be rendered.
VII. COMPENSATION
A. The CITY will compensate the CONSULTANT for the
services performed on each SERVICE AUTHORIZATION in
accordance with, a negotiated lump sum, or a not to
exceed budgeted amount based on time charges which
are based upon hourly rates, plus reimbursable
expenses if compensation is based on Method II and
other related costs as are specified in the SERVICE
AUTHORIZATION. ,
1. METHOD 1 - LUMP SUM
Lump Sum P.mount. Wherever possible, the scope
of servicds for Services, Projects or Programs
shall be thoroughly defined and outlined prior
to its authorization. The CITY and CONSULTANT
shall mutually agree to a lump sum amount for
services to be rendered and a detailed scope of
service~. Should the CITY deem that a change in
the scope of services is appropriate, then a
decrease or increase in compensation shall be
authorized in writing. In lump sum contracts,
the CONSULTANT shall submit the estimated man
hours, wage rates and other actual unit costs
s,upporting the compensation. The CONSULTANT
shall submit a truth in negotiation certificate
stating that all data supporting the compensa-
tion is accurate, complete and current at the
time of contracting.
2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGET-
ED AMOUNT
Computation of Time Charges/Not to Exceed
Amount. When a service is to be compensated for
on a time charge/not to exceed basis, the
CONSULTANT will submit a not to exceed budget
cost to the CITY for prior approval based on
actual time charges which shall not exceed
established hourly rates as shown in Exhibit B
attached hereto, plus reimbursable'expenses and
other related costs. The CITY shall not be
obligated to reimburse the CONSULTANT for costs
incurred in excess of the not to exceed cost
amount.
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a. The CITY agrees to pay the CONSULTANT
compensation for services rendered based
upon the established raw hourly sa~ary
rates as shown in Exhibit B for services
rendered on CITY projects multiplied by an
overhead factor containing a ten percent
(10%) profit, wh~ch shall not exceed 3.0.
The overhead factor may be subject to
audit. The schedule of hourly rates as set
forth in Exhibit B is attached hereto and
made a part hereof. The rates listed in
Exhibit B may be adjusted upon AGREEMENT of
the parties.
b. In addition, the CITY shall pay for reim-
bursable expenses invoiced at the actual
cost of expenditures incurred by the
CONSULTANT if provided in the SERVICE
AUTHORIZATION as follows:
( 1) , Actual expense of transportation
and lodging in accordance with
CITY policy in effect at the time
of travel when traveling in
connection with each SERVICE
AUTHORIZATION, express courier
charges, and permit fees paid for
in assisting the CITY in securing
approval of authorities having
jurisdiction over the project.
(2 ) Actual expense of reproductions
of Drawings and Specifications
including duplicate sets of the
completion of each SERVICE
AUTHORIZATION for the CITY'S
review and approval.
(3 ) Actual expenses of testing,
laboratory services, and field
equipment.
(4 ) Actual expense of overtime work
requiring higher than regular
rates, when authorized by the
CITY.
(5) Actual expense of Auto Travel at
the established CITY rate per
mile for travel outside Palm
Beach County.
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B. Subcontractual service shall be invoiced at the
actual fees paid by the CONSULTANT, plus an addition-
al ten percent (10%) of the cost of these services to
compensate CONSULTANT, for the procuring and manage-
ment of the sub-consultant, and for the other
financal and administrative costs. Subcontractual
services shall be approveq by the CITY in writing
prior to performance of the'subcontractual work.
C. Total Compensation (including, but not limited to
compensation for sub-consultants) for all services
and expenses shall not exceed the budget cost listed
upon each SERVICE AUTHORIZATION, without written
approval.
D. If the CITY determines that any price for services,
however calculated provided by the CONSULTANT,
including profit, negotiated in connection with this
AGREEMENT or any cost reimbursable under this AGREE-
MENT was increased by any significant sums because
the CONSULTANT or any subcontractor furnished incom-
plete or inaccurate costs or pricing data, then such
price or cost or profit shall be reduced accordingly
and the SERVICE AUTHORIZATION shall be reduced
accordingly and the SERVICE AUTHORIZATION shall be
modified in writing to reflect such reduction.
VIII.PAYMENT
The CITY agrees that it will use its best effort to pay
the CONSULTANT within thirty (30) calendar days from
presentation of the CONSULTANT'S itemized report and
invoice and approva: of the CITY'S representative, unless
additional time for processing is required for payments
for basic services, subcontractual services, and reimburs-
able expenses as defined in Section VIr. The CONSULTANT
shall submit monthly invoices, as required in the SERVICE
AUTHORIZATION, which shall include a report of work
completed during the respective invoice period. Invoices
shall be in a format consistent with those shown in
Exhibit C. The report shall be adequate in detail to
describe work progress (% complete for each task) and
written summaries of work completed. No payment request
shall exceed the value of work and services performed by
the CONSULTANT under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. Ownership of Documents:
A set of reproducible mylar drawings, field notes,
computations, C.A.D. disks in a format compatible
with CITY'S Computer system shall be given to the
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CITY. Details, design calculations, and all other
documents and plans that result from the CONSULTANT'S
SERVICES under this AGREEMENT shall become and remain
the property of the CITY, including patent and
copyright rights, whether the project is completed or
not and will be delivered to the City upon demand.
CONSULTANT reserves the right to retain a copy of all
such documents for record purposes. Where such
documents are required to be filed with governmental
agencies, the CONSULTANT will furnish copies to the
CITY upon request. The contract work is represented ,
by hard copy documentation; software, is provided to
the CITY for convenience only.
B. Copies of Documents:
The CONSULTANT shall prepare sufficient copies of all
documents necessary to obtain approval through the
CITY'S processes, as well as other governmental
authorities. See also Section III (C) for additional
requirements. The CITY acknowledg~s that the materi-
als cited in Paragraph IX A. and other data provided
in connection with this AGREEMENT which are provided
by the CONSULTANT are not intended for use in connec-
tion with 'any project other than the project for
which such materials are prepared. Any use by the
CITY of such materials in connection with a project
other than that for which such materials were pre-
pared without prior written consent and adaptation by
the CONSULTANT shall be at the CITY'S sole risk, and
the CONSULTANT shall have no responsibility or
liability therefore.
C. Insurance:
Without limiting any of the other obligations or
liabilities of the CONSULTANT, the CONSULTANT shall,
at his own expense, provide and maintain in force,
until all of its services to be performed under this
AGREEMENT have been completed and accepted by the
CITY (or for such duration as it otherwise specified
hereinafter), the following insurance coverages:
1. Worker's Compensation Insurance to apply to all
of the CONSULTANT'S employees in compliance with
the "Worker's Compensation Law" of the State of
Florida and all applicable Federal Laws.
A. Employer's Liability with limits of
$100,000 per person, $500,000 per occur-
rence and $100,000 per each disease.
2. Comprehensive General Liability with minimum
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limits of One Million Dollars ( $ 1,000,000.00)
per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liability policy, without
restrictive endorsements other than ISO Endorse-
ment GL 21 06 (Engineers, Architects, or Survey-
ors Professional Liability exclusion), as Filed
by the Insurance Services Office and must
include:
a. Premises and/or Operations
b. Independent Contractors
c. Products and Completed Operations - CONSUL-
TANTS shall maintain in force until at
least three years after completion of all
services required under this AGREEMENT,
coverage for Products and Completed Opera-
tions, including Broad Form Property
Damage.
d. Broad Form Property Damage
e. Contractual Coverage applicable to this
specific AGREEMENT.
f. Personal Injury Coverage with minimum
limits of coverage equal to those required
for Bodily Injury Liability.
3. Business Automobile Liability with minimum
limits of Three Hundred Thousand Dollars
( $ 300,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property
Damage Liahility. Coverage must be afforded on
a form n.:> more restrictive than the latest
edition of the Business Automobile Liability
policy, without restrictive endorsements, as
filed by the Insurance Services Office and must
include:
a. Owned Vehicles
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
4., Professional Liability Insurance with minimum
limits of One Hundred Thousand Dollars
( $ 100,000.00) per occurrence. Coverage shall
be afforded on a form acceptable to the CITY.
CONSULTANT shall maintain such professional
liability insurance until at least one year
after a Certificate of Occupancy is issued.
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5. Prior to commencement of services, the CONSUL-
TANT shall provide to the CITY Certificates of
Insurance evidencing the insurance coverage
specified in the foregoing Paragraphs Cl, C2,
C3, C4. All policies covered within subpara-
graphs Cl, C2, C3, C4, shall be endorsed to
provide the CITY with thirty (30) days notice of
cancellation and/or restriction. The CITY shall
be named as an additional insured as to CONSUL-
TANT'S liability on policies referenced in
subparagraph C2. The required Certificates of
Insurance shall not only name the types of
policies provided, but also shall refer
specifically to this AGREEMENT and section and
to the above paragraphs in accordance with which
insurance is being furnished, and shall state
that such insurance is as required by such
paragraphs of this AGREEMENT. The CONSULTANT
shall also make available to the CITY a certi-
fied copy of the professional liability insur-
ance policy required by paragraph 4 above for
the CITY'S review. Upon request, the CONSULTANT
shall provide copies of all other insurance
policies.
6. If the initial insurance policies required by
this AGREEMENT expire prior to the completion of
the services, renewal Certificates of Insurance
of policies shall be furnished thirty (30) days
prior to the date of their expiration. For
Notice of Cancellation and/or Restriction; the
policies must be endorsed to provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
7 . The CONSULTANT'S insurance, including that
applicable to the CITY as an Additi~nal Insured,
shall apply on a primary basis.
D. Litigation Services:
It is understood and agreed that CONSULTANT'S
services include reasonable participation in litiga-
tion or dispute resolution arising from this
AGREEMENT. CONSULTANTS participation shall include
up to thirty (30) hours of services related to
litigation or dispute resolution. However, because
of the small nature of the individual projects
contemplated in this agreement, Consultant shall be
required to provide no more than three ( 3) hours of
dispute resolution services per project. Any
additional services in excess of the amounts referred
to above shall be an additional service and billable
at applicable hourly rates.
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E. Authority to Contract:
The CITY represents that it is a Florida Municipal
Corporation with the authority to engage the
CONSULTANT for professional services described in the
SERVICE AUTHORIZATIONS and to accept the obligation
for payment for the services described in the SERVICE
AUTHORIZATIONS.
F. Assignment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of
such other party, in respect to all covenants of this
AGREEMENT subject to budget considerations and
requirements of law; and, neither the CITY nor the
CONSULTANT will assign or transfer their interest in
this AGREEMENT without the written consent of the
other.
G. Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
date of this contract, all discussions between the
CITY and the CONSULTANT and all information developed
or work products produced by the CONSULTANT during
its employment and all matters relevant to the
business of the CITY not otherwise being a matter of
public record shall be deemed to be confidential.
All such information and work product shall be
protected by the CONSULTANT and shall not be revealed
to other persons without the express written permis-
sion of the CITY, unless mandated by order of the
court.
H. Non-Exclusive Contract:
The CITY reserves the right to award projects to
other firms pursuant to the Florida Statutes Consul-
tant's Competitive Negotiations Act during the period
of service of the CONSULTANT. The CONSULTANT agrees
to cooperate with the CITY and other firms in accom-
plishing work that may require joint efforts to
accomplish the CITY'S goals. This cooperation, when
requested by the CITY, will include but not be
limited to:
1. Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
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3. Establish lines of communication.
I. Subconsultants:
In the event the CONSULTANT, during the, course of the
work under this AGREEMENT requires the services of
any subcontractors or other professional associates
in connection with services covered by this AGREE-
MENT, CONSULTANT must secure the prior written
approval of the CITY.
J. Notices:
Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by
registered Uni'.:ed States mail, with return receipt
requested, addressed to the party for whom it is
intended at the place last written, as the place for
giving of notice in compliance with the provisions of
this paragraph. For the present, the parties desig-
nate the following as the respective places of giving
of notice to wit:
City of Delray Beach
City Manager
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
Survey South, Inc.
101 S. E. 6th Avenue
Delray Beach, FL 33444
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Negotiation Certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation certifi-
cate stating that wage rates and other factual unit
costs supporting the compensation of this AGREEMENT
are accurate, complete, and current. The original
contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the
CITY determines the contract price was increased due
to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
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M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY
or its authorized representative at mutually conve-
nient times.
N. Personnel:
The CONSULTANT represents that it has or will secure,
at its own expense, qualified personnel required in
performing the services under this AGREEMENT. All
work shall be performed under the direction of a
professional, registered under the State of Florida
in the field for which he is responsible for perform-
ing such services. The project manager shall' be
approved by the CITY under each SERVICE AUTHORIZA-
TION. Key project personnel will be identified for
each project and expected to perform the work assign-
ment as can reasonably be expected, and as approved
by the CITY.
O. Equal Opportunity Employment; Non-Discrimination:
CONSULTANT agrees that it will not discriminate
against employees or applicants for employment
because of race, creed, color, religion, sex, age,
handicapped status or national origin. Such action
shall include, but not be limited to, the following:
employment, upgrading, demotion or trans~er; recruit-
ment advertising; lay-off or termination; rates of
payor other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT
agrees to post in conspicuous places, available to
employees and applicants for employment, notices
setting forth this non-discrimination clause. This
provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
P. Prohibition Against Contingent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicit or secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other considera-
tion, contingent upon or resulting from the award or
making of this AGREEMENT.
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Q. Termination:
This AGREEMENT may be terminated by either party by
seven ( 7 ) calendar days prior written nqtice, in the
event of substantial failure to perform in accordance
with the terms hereo f by the other party through no
fault of the terminating party. The CONSULTANT and
the CITY shall also have a right to terminate this
AGREEMENT for convenience at any time by thirty (30)
calendar days written notice to either one or the
other. In the, event the project described in any
SERVICE AUTHORIZATION, or the services of the CONSUL-
TANT called for under any SERVICE AUTHORIZATION, is
or are suspended, canceled, or abandoned by the CITY,
the CONSULTANT shall be given five days prior written
notice of such action and shall be compensated for
the professional services provided and reimbursable
expenses incurred up to the date of suspension,
cancellation or abandonment. The CONSULTANT agrees
to provide all documents to the CITY (specifically
those referenced in paragraph IX.A. Further, prior
to the CONSULTANTIS destruction of any of the above-
referenced documents, the CITY shall be notified and
allowed a reasonable period to gain access to and
make copies of any such documents. Upon any termina-
tion of this AGREEMENT, the CONSULTANT agrees that it
shall use its best efforts to work harmoniously with
any successor who enters an AGREEMENT to provide
services for the CITY in order to provide for a
smooth transition period.
R. Indemnification:
The CONSULTANT will at all times indemnify, save and
hold harmless and defend the CITY, its officers,
agents (the term agents shall not include the con-
tractor(s), any subcontractors, any materialmen or
others who have been retained by the CITY or CONTRAC-
TOR, or materialmen to supply goods or services to
the project) and employees, from and against all
liability, any claim, demand, damage, loss, expense
or cause of action and costs (including attorney's
fees at trial or appellate levels) arising out of
error, omission, or negligent act of consultant, its
agents, servants or employees in the performance of
services under this agreement. The CONSULTANT
further agrees to indemnify, hold harmless and defend
the City, its officers, agents and employees from and
against any claim, demand or cause of action arising
out of any negligence or misconduct of CONSULTANT for
which the CITY, its agents, servants or employees are
alleged to be liable. The indemnifications contained
herein shall survive the expiration or earlier
termination of this AGREEMENT. The monetary limita-
tion on the extent of the CONSULTANT'S liability
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shall be One Hundred Thousand Dollars ($ 100,000.00).
Nothing in this AGREEMENT shall be deemed to affect
the rights, privileges and immunities of the CITY as
set forth in Florida Statutes 768.28.
S. Interest of the Consultant:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct
or indirect, in any Pro j ect to which this AGREEMENT
pertains or any other interest which would conflict
in any manner or degree with the performance of its
services hereunder. The CONSULTANT further covenants
that in the performance of this AGREEMENT, no person
having such interest shall be employed.
T. Compliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws
and all Codes and Ordinances of the CITY OF
DELRAY BEACH as amended from time to time, and
that exist at the time of building permit
issuance.
b. For SERVICE AUTHORIZATIO~S involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
approve the applicable required provisions or
any other supplemental provisions as may be
included in each SERVICE AUTHORIZATIONS.
U. Jurisdiction; Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State Civil Courts of Palm
Beach County, Florida. Any dispute between CONSUL-
TANT and the CITY shall be governed by the laws of
Florida with venue in Palm Beach County Court.
V. Attorney's Fees:
In the event a suit is filed in court arising out of
this agreement, then the prevailing party shall be
enti tIed, to recover from the other party all costs
incurred, including reasonable attorney's fees,
including attorney's fees and costs on appeal.
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W. Internal Dispute Between Owner and Consultant:
The City Manager shall be the final decision maker
regarding internal disputes between CITY and CONSUL-
TANT.
, X. Extent of Agreement:
This AGREEMENT' represents the entire integrated
AGREEMENT between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations or
AGREEMENTS, written or oral. This AGREEMENT may not
be amended, changed, modified, or otherwise altered
in any way, at any time after the execution hereof,
except by approval of the City Commission and
Consultant.
IN WITNESS WHEREOF, the CITY has caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its City Clerk,
and the CONSULTANT has hereunto set its ha,nd and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA
By: By: rtcf/tlc~T
MAYOR Signature
~ ~...uel GU~'H1i'2
ATTEST: (Print or Type)
, /1!{t~(.1tt"7 JJtt~-ry.;( L-)
City Clerk "vritness '
k(dA~ ~~/
Approved as to Form:
Wi tness 0
CITY Attorney
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ACKNOWLEDGEMENT IF CORPORATION
state of Florida
County of Palm Beach
the t00710in9 instrument, this II ,day
, 19' , was' acknowledged by
, on behalf of the Corporation
said person ex uted the same freely and voluntarily for
purpose therein expressed.~
WITNEs?/my hand a1. seal in~e County A1I}d State
aforesaid this , day of I fl1,1{;-~ .' 19~ _
, ,/ / tL Jtl,lzcTn l~Llu rJtd (oJ
// otary ublic
(SEAL) My C~~'}~~!i~~t~~o ~?f.g~:faes:
. . ,,' t" ''i:i92
f!:i CC'7:"'T~~~L:IJ.-: ~::;tJ'. a0:, to.
COlld:.:~ ~~rv iff:}' :',7.:0. i.lill:~I';;;1"i 1m:.,
ACKNOWLEDGEMENT IF AN INDIVIDUAL
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrument, and acknowledged before
me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me this day
of , 19___.
Notary Public
My Commission Expires:
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ACKNOWLEDGEMENT IF A PARTNERSHIP
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on' this date before me, an
officer duly authorized in the state: and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrument as a partner of
, a partnership. He/She
acknowleged before that he/she executed the same as the act and
deed of said partnership for the uses and purposes therein
mentioned.
SWORN TO AND SUBSCRIBED before me this day
of , 19___.
Notary Public
My Commission Expires:
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EXHIBIT A (SAMPLE)
SURVEY SOUTH, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
/
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO.: (CITY) (SURVEY SOUTH, INC. )
TITLE:
This Service Authorization, when executedJ shall be incorporat-
ed in and shall become an integral part of the Contract.
Title:
I. PROJECT DESCRIPTION
II. SCOPE OF SERVICES
III. BUDGET ESTIMATE OF SERVICES
IV. COMPLETION DATE
This service authorization is approved contingent upon the
City's acceptance of and satisfaction with the completion of
20
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the services rendered in the previous phase or as encompassed
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 terminate
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 DELRAY BEACH: CONSULTANT:
Date Date
Thomas E. Lynch
Mayor
Witness
Witness
Attest:
BEFORE ME, the foregoing
instrument, this
day of , 1991,
Approved as to Legal was acknowledged by
Sufficiency and Form on behalf of the Corporation
, and said person executed the
same free and voluntarily
for the purpose there-in
expressed.
Witness my hand and seal in
the County and State
aforesaid this day of
, 1991.
Notary Public
State of Florida
My Commission Expires:
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EXHIBIT B (SAMPLE)
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
Mulitpler
Employer Category
Professionals -- Engineers, Architects, Planners, Economists,
Scientists, Hydrologists, Hydrogeologists, Geologists
PRINCIPAL $30.00 $90.00
REGISTERED SURVEYOR $25.00 $75.00
PROFESSIONAL ENGINEER $25.00 $75.00
Technicians -- Drafters, Graphic Artists, Computer, Surveyo:r;s,
Cartographies, Construction Inspectors
SURVEY CREW - $75.00
CADD Operator $15.00 $45.00
Surveying Technician $11.67 $35.00
Draftsman $11. 67 $35.00
Office Support
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EXHIBIT C
SAMPLE SAMPLE-- COST NOT TO EXCEED FORMAT
INVOICE
City of Delray Beach
Project No. Date
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order ,. .
Period ending: .
LABOR
Class Employee Name Rate Hours Amount
Subtotal Labor $
EXPENSES
Computer
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE $
COST SUMMARY
Contract Amount $
Amount Earned This Period $
,Amount Previously Earned
Amount Remaining $
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EXHIBIT C (continued)
SAMPLE INVOICE -- LUMP SUM FORMAT
INVOICE
City of Delray Beach
Project No. Date
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order .
Period ending .
Total Fee $
_% Complete $
Less Previous Billings
Total Earned This Period $
TOTAL AMOUNT DUE THIS INVOICE $
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER:VA
SUBJECT: AGENDA ITEM it 6~ - MEETING OF FEBRUARY 11. 1992
AUTHORIZATION TO JOIN IN LAWSUIT
DATE: February 7, 1992
This item is before you to authorize the City Attorney's office to
join in a lawsuit with other municipalities and individuals seeking
to enjoin and/or invalidate the election on the proposed Charter
Amendment concerning the County-Wide Growth Management Land Use
Authority.
Further, the City Attorney's office is recommending that we retain
the services of the law firm of Jones and Foster to act as counsel
for the City as they have previously been retained by several other
municipalities and this joinder of forces will reduce the cost of
such litigation to individual cities.
Recommend approval of the request for authorization to join in a
lawsuit with other municipalities and individuals seeking to enjoin
and/or invalidate the election on the proposed Charter Amendment
concerning the County-Wide Growth Management Land Use Authority and
to retain the services of the law firm of Jones and Foster.
..
C!T\/ C1"'r"T'-,,:" ':' ., ','~::-ICc TEL r'~ 0 . 407 278 4755 Feb 07,92 15: 12 F'. (12
"
I [ITY OF DELRAY BEA[H
CITY ATTORNEY'S OFFICE -':'JU N',^, l'i-{ L\Vt .'!;JE ~ LLtK;"'-~ Ut-"'~(t~_ 1'lC-;~_i'-!,'\ J~~Ai
f}\CS i ~-H L E 4 -j n.,; lijr': J 5:, w~ ~ ~.I:" ". 0.J- ....-..("},-: :_.'1. ~_
(40"1 24,,\-70D2
MEMORANDUM F "
17" "lr"V" -- /
/ /
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,
LATF.: l'ebruary 7/ 1992 / /----
1/
TO: ci ty Conur.lssion l/
l-HOM : Jeffrey S. Kurtz, Clt.) Attorney
I 'bJECT: Lawsuit Seeking to Inv~lldate proposed Coun'~-W'dp
Gro\.fth Manligement Land Use Author i t.y chon.!?}'"
I ~~.e.!l~@entl5...._ ___...__________. __._._ ~_.'~-"""'"--'-
I
rr .Is the City Manager and our ottice's CCCOQ1J."llendaL i c' o I...; ~ L =.
;.....
City join in a lawsuit tod t t. other mUf:, 1 t' 1 pa 1 ! t h': a nr~
indlvtduals in saeking to enjoin and/or invalidate Uw ",,' ~~ct ~v:
on che pro1Jvs~d Charter Amendment concerning the C,).) lo j j ~ ~d d...,
Gr0wth Man8gement Land Use Authority.
:. :; order tc pursue this roatter, f, t would be (JUI ~-# f f 1,. -.;
1. tP: en f".:,on to retain the services Of t.he law f i :t'n (, f ] :)Jl~:.-~r" n ~ J~ i
Foster "tQ act as counsel tor the city of Delrey Bead\ ~)'-~'<- ,\ ~; t:
I they haV0 bean previously retained by sever"; .1 ottlto;
! rnun1cipalitJes a rd this joinder of forcB's wU 1 r0ducr t itt;' r-t 'S!
of Such l1ti9atlo~ to the Indlvi~ual cities.
S~'lOU ld you have any questions G'JI.ce:t n i ng tnli; PL-l:' f ,"; ~ f_:~_:
11ttg'1tion, plpase dO not hesitate ~o contact our o~fi.c<e.
!
J~K;ci
(~c Da.vid Hernen, City Manager
Da'J 10 Kovacs, Direct.or of Planning and Zoniflg
'j.cv'..-/th. j5k
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ K - MEETING OF FEBRUARY 11. 1992
AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY BOARD
SCHOOL BOARD/SANITARY SEWER IMPROVEMENTS
DATE: February 7, 1992
This item is before you to approve an agreement between the City and
the School Board for joint project participation in the construction
of sanitary sewer improvements within the right-of-way of Barwick
Road.
The School Board is in the process of constructing a new middle
school (HH-2) at Barwick Road and Atlantic Avenue. In conjunction
with this construction, they are to improve Barwick Road north of
Atlantic Avenue past the Lake Worth Drainage District Canal No.
L-33. Since sanitary sewer service is not available at the Kingsland
and Kingsland Pines Subdivisions, staff feels that it is appropriate
to attach an itemized sanitary sewer bid item to the School Board's
bid package. There is no additional cost for attaching this project
to the School Board's bid package.
Our consulting engineer, Eckler Engineering, will design this
project. Staff estimates that the approximate cost of the
improvement will be $30,000. Funding is available in Water and Sewer
Renewal and Replacemetit Fund Sewer System, Mains and LiB6-8 (Account
No 442-5178 536-60 66~. The agreement further provides that the
City will reimburse the School Board for the cost of constructing the
sanitary sewer within 30 days, conditioned upon acceptance of the
sewer system improvements by the City.
Recommend approval of an agreement between the City and the School
Board for joint project participation in the construction of sanitary
sewer improvements within the right-of-way of Barwick Road.
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. MEMORANDUM
TO: David-T. Harden
City Manager
FROM: George Abou-Jaoude
Deputy Director of Environmental Services/PU
SUBJECT: REIMBURSEMENT AGREEMENT
DATE: January 31, 1992
The School Board of Palm Beach County is in the process of
constructing the new middle school HH-2 at Barwick and Atlantic.
With this construction, they are to improve Barwick Road north of
Atlantic past LWDD - L-33. Since there are no sanitary sewers at
Kingsland Pines and Kingsland, it will be feasible to attach an
itemized sanitary sewer bid item to their bid package. Our
consultant, Eckler Engineering, will design it and James E.
Newhans, school board consultant, will attach it to their bidding
package for no additional cost to the city. The approximate cost
to this improvement is $30,000.
I recommend approving the concept.
GA/cw
cc: William H. Greenwood, Director of Environmental Services
File: Proj. 91-75-A
reimagre.mem
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1
. AGREEMENT BETWEEN THE CITY OP DELRAY BEACH, FLORIDA
AND
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA FOR JOINT
PROJECT PARTICIPATION IN CONSTRUCTION OP SANITARY SEWER IMPROVEMENTS
WITHIN THE RIGHT-OF-WAY OF BARWICK ROAD
PALM BEACH COUNTY, FLORIDA
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THIS AGREEMENT, made and entered Into this _ day ot 19_, by and between
tbe SCHOOL BOARD OF PALM BEACH COUNTY, a polltlcal subdivision of the State ot
Florida, hereinafter called and referred to as the "School Board" and the CITY OF
DELRAY BEACH, FLORIDA, a municipality In the State ot Florida, hereinafter called and
referred to as the "CIty",
WITNESSETH:
WHEREAS, the City and the Schooi Board are authorized to enter into this
agreement pursuant to Section 163.01, Florida Statutes, as amended, which'permits iocai
governmental units to make the most efficient use of their powers by enabiIng them to
cooperate with other iocalitles on a basis of mutual advantage; a.nd
WHEREAS, the School Board has hired James E. Neuhaus, Ine. to prepare roadway
construction plans and specifIcations for improving Barwick Road North of Atlantic
Avenue; and
WHEREAS, the City has caused to be prepared utlllty construction plans and
specifications for sewage collection system improvements for the aforementioned portion
of Barwick Road which wlll serve portions of its service are~ and
WHEREAS, both City and the School Board declare that it Is In the publlc Interest
that the sewage collection system improvements be constructed concurrently with the
aforementioned Barwick Road improvements; and
WHEREAS, the School Board has budgeted funds for the aforementioned roadway
project to include the construction of a sewage collectIon system within the rlght-of-
way of Barwick Road; and
WHEREAS, the City wUl perform all Inspections, required for the sewage collection
system to Insure compllance with their specifications and permits;
NOW, THEREFORE, for and In consideration of the mutuai covenants contained
herein, the Parties to this Agreement agree as follows:
1. The recItals set forth above are hereby adopted and Incorporated In this
agreement.
2. The School Board agrees to:
A. Advertise for bids, submit to the City for review, and award a
roadway improvement contract to include the construction of a
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sewage collection system within Barwick Road which is to be owned
by the City.
H:\4a\a\ wpSO\tloc\........I\.""'.lIII 1\:JO\!n
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B. Administer the above contract and adm1nJster the funds In accordance
with this Agreement.
C. Supply the City with a contract audit In accordance with standard
accounting procedures which reflect total, final costs of the sewage
collection system, upon completion of this project.
D. Obtai~ all necessary pennlts for the project through the School
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Board's professional engineer.
'3. The City agrees to:
A. Provide or cause to be performed all inspection services for the
construction of the sewage collection systems during construction of
and final certification for the aforementioned and sewer system.
B. To contribute and to forward the School Board the funding for the
actual costs of construction of the sewage collection systems. The
City shall reimburse the School Board within THIRTY (30) days from
the date of receipt of invoice from the School Board; said invoice
shall not be issued until the City has accepted the new sewer
improvements as acknowledged by the Department of Health and
Rehabilltatlve Services "Request For Letter of Release" form.
C. This Agreement shall be executed in triplicate and the School Board
shall retain two (2) and the City shall retain one (1) copy. All shall
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be considered an original.
D. Any and all notices required or permitted to be given here under shall
be deemed received five (5) days after same are deposited in U.S.
Mall sent via certified mall, return receipt requested.
All notices to the City shall be sent to:
Wllllam Greenwood, Director
Environmental Services Department
434 South Swinton Avenue
Delray Beach, Florida 33444
All notices to the County shall be sent to:
Wllllam V. Hukill, Assistant Superintendent
The School Board of Palm Beach County
Growth Management Center
3930 RCA Boulevard, Suite 3004
Palm Beach Gardens, FL 33410
1. This Agreement shall be construed In accordance with the Laws of the State of
Florida.
2. Should any lltigatlon arise out of this Agreement, the prevalling party shall be
entltied to reasonable attorney's fees and court costs.
3. This Agreement shall not be construed against the party who drafted the same,
and both parties have had a chance to have experts of their choosing review the
same.
H:\da\a\ wpSO\doc\opeeml\dalRy ,1tI1 1\30\91
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4. ThIs Agreement may not be asslgned without written consent of the non-asslgnlng
party. Consent hereunder shall not be unreasonably withheld.
5. This Agreement enC9JDpaSSeS the entire agreement by the parties hereto. and should
. there be any modifications. the modifications shall be In writing signed by the
parties hereto, their successors and\or assigns.
- 6. This Agreement shall be binding upon the parties hereto. their successors or
assigns.
EXECUTED the day and year first stated above.
Signed, sealed and delivered in the SCHOOL BOARD OF PALM BEACH
COUNTY. FLORIDA
presence of:
wm... o.~. ~
C. M_ u.......,.,.,... .
Attest: CITY OF DELRAY BEACH, FLORIDA
,
Reviewed:
Approved
Content
By:
,
H:\dala\ wp5O\dae\opeDlI\de...,..1III \\30\92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER -'~/
SUBJECT: AGENDA ITEM i ~ L- - MEETING OF FEBRUARY 11. 1992
MUTUAL AID AGREEMENT
DATE: February 7, 1992
This item is before you to approve a mutual aid agreement which
provides for the establishment of a Countywide Multi-jurisdictional
Roadway Sobriety Checkpoint Task Force until September 30, 1992. The
Task Force will be composed of police officers from Boca Raton,
Delray Beach, Boynton Beach, Greenacres, Lake Worth, Jupiter, West
Palm Beach, and the Palm Beach County Sheriff's Office. The purpose
of the Task Force will be to establish checkpoints which are designed
to reduce the number of traffic accidents and fatalities attributable
to driving under the influence of alcohol or other controlled
substances. During the effective period of the agreement, a total of
eight to ten sobriety checkpoints will be conducted.
Under the agreement, the City has the responsibility to assign
equipment and personnel to the Task Force. The City shall bear the
costs for loss or damage to any equipment which is furnished and
shall pay expenses incurred in the operation and maintenance of any
equipment. Addi tionally , the City shall compensate its employees
during the time of rendering such aid to the Task Force, and defray
the actual travel and maintenance expenses of employees while they
are assisting the Task Force I including any amounts paid due for
compensation as a result of personal injury while they are rendering
assistance to the Task Force.
Recommend approval of a Mutual Aid Agreement for the establishment,
until September 30 I 1992, of the Countywide Multi-Jurisdictional
Roadway Sobriety Checkpoint Task Force.
"
tlTY DF DELIAY BEA[H
CITY ATTORNEY'S-OFFICE ~,'jIJ":\" 1,1 ',\'~E:~l;E :"DELRAY ilE/,CH. FLORIDA 33H~
.,\l~I.,,,LE "iI. ~,,' -I.), Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: February 6, 1992
TO: city Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Approval of County-Wide Multi-Jurisdictional Roadway
Sobriety Checkpoint Task Force Voluntary Cooperation
Mutual Aid Aqreement
This Agreement, which is before you for your approval, is to
establish a County-Wide Multi-Jurisdictional Roadway Sobriety
Checkpoint Task Force until September 30, 1992. Police
Departments in Boca Raton, Boynton Beach, Greenacres, Lake
Worth, Jupiter, West Palm Beach, and the Palm Beach County
Sheriff's Office are entering into this Agreement in order to
form the Multi- Jurisdictional Roadway Sobriety Checkpoint Task
Force. The Task Force will establish checkpoints which are
designed to reduce the number of traffic accidents and
fatalities attributable to driving under the influence of
alcohol or other controlled substances. During the effective
period of the Agreement, a total of eight to ten sobriety
checkpoints will be conducted.
Under the Agreement, the City has the responsibility to assign
equipment and personnel to the Multi-Jurisdictional Roadway
Sobriety Checkpoint Task Force. The City shall bear the costs
for the loss or damage to any equipment which is furnished to
the Sobriety Checkpoint Task Force, and the City shall pay any
expense incurred in the operation and maintenance of any
equipment. Under the Agreement, the City shall compensate its
employees during the time of rendering such aid to the Task
Force, and defray the actual travel and maintenance expenses of
employees while they are assisting the Task Force, including
any amounts paid due for compensation as a result of personal
injury while they are rendering assistance to the Task Force.
It is hoped that as a result of the establishment of this Task
Force, checkpoints will be established within the County on a
monthly basis. These checkpoints will be established based on
statistical research which would pinpoint areas in the County
where sobriety checkpoints would be most effective. Once the
,
City Commission
February 6, 1992
Page 2
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Agreement is approved by all the local governments involved,
the checkpoint task force will begin operation and continue,
until September 30, 1992.
DNT:ci
cc David Harden, City Manager
Major Rick Lincoln, Delray Beach Police Department
Attachment
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COU}fTY-W:IDE
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KULTI-JURXSDZCTZONAL ROADWAY SOBRIETY CHECKPOIMT
TASK FORCE
VOLUNTARY CooPERATXON MUTUAL A:ID AGREEMENT
THIS AGREEMENT is entered into between Boca Raton Police
I Department, Boynton Beach Police Department, Delray Beach Police
I
~ Department, City of Greenacres Department of Publ ic Safety, City of
j Lake Hort.h Police Department, Jupiter Police Department, Palm Beach
County sheriff's Office, and West Palm Beach Police Department.
,
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WI TfU:SSgTH:
I WHgREAS, the parties to this agreement have joined
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together in a County-Wide Mul ti-Jurisdic~ional. Roadway Sobriety
Checkpoint Task Force desiqned to reduce the number of traffic
.
accidents and fatalities attributable to driving under the
I
influence of alcohol or other controlled substances; and
WilEREAS, the parties to this agreement have aqreed to
join together to torm a county-Wide Multi-Jurisdictional Roadw~y
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Sobriety Checkpoint Task Force desi~ned to heighten the awa~eness
of the dangers of driving while into~icated throughout Palm Beach
County; and
WHEREAS, the parties tc this agreement have the authority
under Part I of Chapter 23, Fla. Stat. (1989), entitled the
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"Florida Mutual Aid Act", to enter into a voluntary cooperation
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agreement for assistance of a routine law enforcement nature that
crosses jurisdictional lines pursuant to Section 23.1225(1}. Fla.
Stat. (1989);
NOW, THEREFORE, the parties agree as follows:
SECTXOH I.. PROVISl:ONS FOR VOLUNTARY COOPERAT:IOK:
1. Each of the law enforcement agencies herein
I
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j identified as the parties to this agreement hereby approve and
j enter into this agreement whereby each of said law enforcement
agencies agree to assign equipment and personnel to the County-Wide
! Multi-Jurisdictional Roadway Sobriety Checkpoint Task Force.
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2. The parties agl.'ee" that a total of eight (8) to ten
i
(lO) sobriety checkpoints will be conducted during the agreement
i period. said checkpoints will be established within the
jurisdictional confines of the law enforcement agencies
participating as parties to this agreement.
3. The members of the County-Wide Multi-Jurisdictional
Roadway Sobriety Checkpoint Task Farce will conduct sobriety
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checkpoints in an effort to promote roadway safety and to raise
public awareness relative to driving undel:' the influence by
stopping motor vehiol es passing through said checkpoints to brief 1 y
examine drivers for signs of intoxication.
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SECTION XX. POLICY AND PROCEDURE:
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l. The parties to this agreement will assign equipment
and personnel to the CountyooWide Multi-Jurisdictional Roadway
sobriety checkpoint Task Force. Each member of the task force will
assist in establishinq sobriety checkpoints within the
jurisdictional confines of the law enforcement aqencies
, participating in this agreement.
i
2. Eiqht (8) to ten (10) sobriety checkpoints will be
established throughout the county from December of 1991 through
September 30. 1992.
3. Sobriety checkpoints will be scheduled on a monthly
basis with the location of each checkpoint to be based on
statistical research pinpointing areas in the county where sobriety
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checkpoints will -be most effective.
4. Sobriety checkpoints will be implemented in
accordance with recognized guidelines regarding planning, site
seleotion, and with public notice being given prior to
implementation of said sobriety checkpoints.
SEC"l"XOH xx:!:. POWERS, PRXV:ILEGES, IMMUlf:ITIES AND
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COSTS
l. Members of the task force as desi9nated by the
parties to this agreement, when actuall y engaging in mutual
cooperation and assistance outside of the jurisdictional limits of
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their- city, und~r the terms of this agreement, shall, tlursuant to
the provisions of Section 23.127(1) Fla. Stat. (1989), have the
same powers, duties, rights, privileges and immunities as if they
were performing their duties in the political subdivision in which
they are normally employed.
2. If, during the course of conducting a sobriety
checkpoint, a member of the task force observes a violation of
Florida statutes other than a D.U.I. related offense, said member,
representing their respective agency, and in furt.herance of this
agreement, shall be empowered to render enforcement assistance and
act in accordance with law. ,-
3. The parties to this agreement who furnish any
equipment pursuant to this agreement shall bear the loss or damage
to such equipment and shall pay any expense incurred in the
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operation and maintenance thereof.
4. The parties to this agreement shall compensate its
employees/apPointees during the time of the rendering of such aid
and shall defray the actual travel and maintenance expenses of such
employees/appointees while they are rendering such aid, including
any amounts paid or due for compensation due to personal injury or
death while such employees/appointees are engaged in rendering such
"
aid.
S. All the privileges and immunities from liability,
exemption from laws, ordinances and rules, and all pension,
insurance, relief, disability, worker's compensation, salary, death
and other benefits which apply to the activity of such officers,
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agents or employees of any !Such agency when performing their
respective fun.cti ons . within the territorial limits of their
respective public ~gencies, shall apply to them to the same degree,
manner and extent while engaged in the performance of any of their
functions and duties extraterritorially under the provisions of
this mutual aid agreement. The provisions of this section apply
with equal effect to paid, volunteer and reserve employees.
SECTXON xv. XNDEMIf:IJ!P':ICATION:
i
Each party to this agreement. engaqing in any mut.ual
cooperation and assistance, pursuant to this agreement, agrees with
respect to any suit or claim for damages 'resulting from any and all
acts, omissions or conduct of such party's own
employees~pointees, occurring while engaging in rendering such
aid pursuant to this agreement, De responsible for its o14n
negligence and liability and the negligence and liability of its
appointees or employees, subject to provisions of section 768.28,
Fla. stat. (1989), where applicable. Nothing contained herein shall
be deemed to constitute a waiver of Sovreign Immunity.
SECor:r:ON v. LIAB7LITY INSURANCE:
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Each party to this agreement shall provide satisfactory
proof of liability insurance by one or more of the means specified
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in Section 768.2~(14), Fla. Stat. (1999), in an amount which is, in
the jud9ment of the governin9 body of that party, at least adequate
to cover the risk to which that party may be exposed. Should the
insurance coverage, however provided, of any party to this
a9reement be cancelled or undergo material change, that party shall
notify all parties to this agreement of such change within ten (10)
days of receipt of notice or actual knowledge of such change.
SECTXOlf V:I. EPPECT:IVE DATE:
THIS AGREEMENT shall take effect upon execution and
approval by the hereinafter named agency heads of the parties to
this agreement and shall continue in full force and effeot unti 1
september 30, 1992, unless ter~inated prior thereto by any or all
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of the parties therein.
SEC'TJ:OH VJ:J:. CANCELLAT:IOIf:
THIS AGREEMENT may be cancelled by any party upon
delivery of written notice to the other parties to this agreement.
Cancellation will be at the direction of any subscribing party.
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SEC".1":J:ON V:J:::IJ:. RNT7RE AGREEMENT:
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THIS AGREEMENT embodies the entire agreement between the
parties hereto.
THE PARTIES HERETO cause these p~esents to be siqned on
the date specified:
Chief Peter A. Petracco Mayor Arline Weiner
Boca Raton Police Dept. City of Boynton Beach
Boca Raton, Florida Boynton Beach, Florida
i
Date Date
~~~~
Hayor Thomas Lynch ~ector John T. Treanor
city of Delray Beach Greenacres Dept. of Public
Delray Beach, Florida Safety
Oreenacres City, Florida
Date --... tC/LA:;~ /9.z....
Date
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Chief Lee Reese Chief Richard J. Westqate
Lake Worth Police Oept. Jupiter Police Department
Lake Worth, Florida Jupiter, Florida
Date Date
Sli riff Richard P. Wille Chief B. R. RiQ9s
E 1m Beach county West Palm Beach Police Dept.
est Palm Beach, Florida West Palm Beach, Florida
Date ,;<... <j/-PZ-- Date
END OF DOCOMENT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~;t1 - MEETING OF FEBRUARY 11. 1992
INITIATION OF REZONING ACTION/AMERICAN LEGION_
DATE: February 7, 1992
This proposed rezoning action involves City-owned property located
on the southwest corner of N.W. 2nd Street and N.W. 8th Avenue. The
entire site consists of four lots (Lots 21, 22, 23, and 24, Block B,
Westside Heights of Delray) currently zoned R-1A (Single Family
Residential) district; with the current use, American Legion meeting
hall, existing as a non-conforming use.
Plans are currently underway to install outfall along N.W. 2nd Street
(Northwest Drainage District project). Once the outfall is in place,
the street will be reconstructed and the "jog" which now exists at
the intersection of N. W. 2nd Street and N. W. 8th Avenue will be
realigned. This action will require the elimination of the parking
area in front of the American Legion Building.
Staff is currently designing a new parking lot for the site which
will be located behind the building off of N.W. 8th Avenue. However,
the inconsistency between the zoning and use poses a problem with
respect to modification of the site plan. Therefore, staff
recommends that the Commission initiate a rezoning petition for CF
(Community Facilities) zoning.
Recommend the Commission initiate a rezoning petition from R-1A
(Single Family Residential) to CF (Community Facilities) zone
district for Lots 21, 22, 23, and 24, Block B, Westside Heights of
Delray located at the southwest corner of N. W. 2nd Street and N. W.
8th Avenue.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY ~
THRU: DAVID"J. KOVACS0 DI.REC~
FROM: DIANE DOMINGUEZ ~
PLANNER III 11\9. ~~
SUBJECT: MEETING OF FEBRUARY 11, 1992
CHANGE OF ZONE, AMERICAN LEGION SITE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is the
initiation of a change of zone from R-IA (Single
Family Residential District) to CF (Community
Facilities).
The subject property is the American Legion hall and
adjacent vacant lots, located at the southwest
corner of N.W. 2nd Street at N.W. 8th Avenue. Pursuant
to Section 2.4.4(A) of the Land Development Regulations,
a change of zone may be initiated by the person, firm, or
corporation owning the subject property, or by the City
Commission. In this case the City is the property owner,
therefore it is appropriate that the City Commission
formally initiate the rezoning action.
BACKGROUND
In the upcoming months, the City will begin installing the
Northwest Drainage District outfall along N.W. 2nd Street. Once
the outfall is in place, the street will be reconstructed, and
the "jog" which now exists at the intersection of N.W. 2nd
Street and N.W. 8th Avenue will be re-aligned. In order to
straighten the road, the parking in front 'of the City-owned
American Legion building must be eliminated.
Planning staff is now in the process of designing a new parking
lot for the site, which would be located behind the building off
of N.W. 8th Avenue. The entire site, which consists of four
lots, is currently zoned R-IA, Single Family Residential
District. The existing use as the American Legion meeting hall
does not conform to the R-1A zoning. This inconsistency between
the zoning and the use poses a problem with respect to the
modification of the site plan. A more appropriate zoning
designation for the property would be CF, Community Facilities,
which allows community centers and accessory parking lots. A
change of zone to CF would result in a zoning classification
that is consistent with the use, and will also allow for the
development of a much improved parking configuration for the
site.
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City Commission Documentation
American Legio~ Change of Zone
Page 2
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RECOMMENDED ACTION
By motion, initiate a change of zone for Lots 21, 22, 23, and
24, Block B, WESTS IDE HEIGHTS DELRAY, Plat Book 13, Page 61;
from R-IA, Single Family Residential District, to CF, Community
Facilities.
Attachment:
* Site location map.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i ?;N - MEETING OF FEBRUARY 11. 1992
INITIATION OF ANNEXATION/HIGHLAND TRAILER PARK
DATE: February 7, 1992
This item is before you to authorize staff to initiate (calling in of
water service agreements) the annexation, with initial City zoning
of MH (Mobile Home) , of the Highland Trailer Park located on the
northwest corner of Barwick Road and Atlantic Avenue. This action
was prompted by a telephone call from an official of the Highland
Park Company (owner of common pr.operty in the trailer park)
requesting initiation of annexation action.
In 1984, and again in 1987 water service agreements were obtained
from all owners (170 lots, 130 residences) of the Highland Trailer
Park. The standard annexation clause was included in the water
service agreements. With the recent voluntary annexation of Middle
School HH-2, the trailer park has become contiguous to the City and
.- thus, eligible for annexation. The commercial area fronting along
.. Atlantic Avenue is not included in this annexation action.
The Planning and Zoning Board did not review the initiation of the
annexation request. The Board is scheduled to review the actual
annexation request at their February 24, 1992 regular meeting.
Recommend approval of the initiation of annexation with initial City
zoning of MH (Mobile Home) of the Highland Trailer Park located on
the northwest corner of Barwick Road and Atlantic Avenue.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~E~~=6"~
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: ~ DORLING, ,PLANNER II
SUBJECT: ME=G ~UARY 11, 1992
INITIATION OF ANNEXATION AND INITIAL ZONING
(HIGHLAND TRAILER PARK)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiation of an annexation with an initial zoning of MH
(Mobile Home) for the Highland Trailer Park.
The properties are located at approximately the northwest
corner of Barwick Road and Atlantic Avenue.
Pursuant to Section 2.4.5(C} (Annexation of Territory) the
City may initiate an annexation of private property if said
right has been delegated via provisions of a water service
agreement or other agreement to that end.
BACKGROUND:
In 1984, and again in 1987 water service agreements were obtained
from all owners (170 lots, 130 residences) of the Highland
Trailer Park. Within the water service agreements the standard
annexation clause was included. With the recent voluntary
annexation of the Barwick Middle School, the trailer park has
become contiguous to the City and, thus, eligible for annexation.
A request by telephone from an official of Highland Park Company
(owner of common property in the park) was also received to
initiate the annexation. Through the initiation of the
annexation the City Commission will be "calling in" these
existing water service agreements.
PLANNING AND ZONING BOARD CONSIDERATION:
Planning and Zoning did not review the initiation of the
annexation request. The Planning and Zoning Board is scheduled
to review the actual annexation request at their February 24,
1992 regular meeting.
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city Commission Documentation
Initiation of Annexation and Initial Zoning
Page 2
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RECOMMENDED ACTION:
By motion, initiate the annexation with initial zoning of MH
(Mobile Home) for the Highland Trailer Park.
Attachment:
* Cover Map of Tailer Park
* Aerial of Trailer Park Area
PD/#43/CCMH.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # 8"0 - MEETING OF FEBRUARY 11. 1992
FINAL PLAT APPROVAL/GROVES OF DELRAY PLAT #1
DATE: February 7, 1992
We have received a request for final plat approval for a boundary
plat of Groves of Delray Plat #1 located on the northeast corner of
S.W. 8th and Douglass Avenues.
This replat is required as a condition of approval of a request for
rezoning (Ordinance No. 88-91) . The purpose of which is to combine
six platted lots into one lot and to mitigate access from a single
family development into a multiple family development, a senior
citizen residential development, which is now before the Site Plan
Review and Appearance Board for review.
Additionally, the City Engineer has granted the applicant/s request
not to provide an additional five feet of right-of-way along S.W. 8th
and Douglass Avenues as S.W. 8th Avenue will be abandoned with the
Grove project and because Douglass Avenue currently exists as a 50
foot right-of-way.
The Planning and Zoning Board does not take any action on the review
of final boundary plats. The plat has been properly prepared and is
ready for Commission action.
Recommend approval of the Groves of Delray Plat #1 final (boundary)
plat.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
THRU:
FROM:
II
SUBJECT: MEETING OF FEBRUARY 11, 1992
GROVES OF DELRAY PLAT #1 ** CONSENT AGENDA **
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final boundary plat of Groves of Delray Plat
#1, a replat of 6 existing lots within Block 5 Southridge
Subdivision.
The project is located on the northeast corner of Southwest
8th Avenue and Douglass Avenue.
BACKGROUND:
This item has been initiated pursuant to a condition of approval
associated with the rezoning of these same lots from R-1A (Single
Family Residential) to RM (Multiple Family Residential - Medium
Density) . The rezoning of these lots will allow them to be
developed as a part of the Groves project, a senior citizen
residential development, which is now before the Site Plan Review
and Appearance Board for site plan approval.
The purpose of the boundary plat is to combine 6 platted lots
into 1 lot and to mitigate access from a single family
development into a multiple family development, which was a
concern during the rezoning. The boundary plat must be finalized
before action can take place on the rezoning, which is before the
Commission tonight for second reading. Please refer to the
attached Planning and Zoning staff report for further information
concerning the rezoning.
As Southwest 8th Avenue is to be abandoned with the Groves
development and both Southwest 8th Avenue and Douglass Avenue are
existing fifty feet rights-of-way, the City Engineer has granted
the applicant's request not to provide an additional 5' of
right-of-way along Southwest 8th Avenue and Douglass Avenue.
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City Commission Documentation
Groves of Delray Plat #1
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board does not take any action on the
review of final boundary plats.
FINDINGS:
Pursuant to Code Section 2.4.S(K)(S), as this boundary plat is to
be developed in accordance with an approved site plan, the Groves
of Delray Plat #1 Final Plat is consistent with the findings made
in the review of the Groves of Delray site plan.
RECOMMENDED ACTION:
By motion, approve the final boundary plat for the Groves of
Delray Plat #1.
Attachment:
* P&Z Staff Report & Reduced Plat
SET#4/CCGROVES.DOC
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2. nus INSTRUMENT WAS PREPARED BY JOI'
OFFICE OF O' BRIEN. SUITER &. O' BRIEli
FEDERAL HIGHWAY. DELRAY BEACH. nO!
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PUBl.IC RECORDS OF TillS COUNTY.
q. THE NORTH LINE Of BLga< 5, PLAT 2
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # <6-.p - MEETING OF FEBRUARY 11. 1992
RESOLUTION NO. 20-92
DATE: February 7, 1992
This is a resolution vacating and abandoning a portion of a 12 foot
utility, drainage and limited access easement lying within Lot 29,
Block 1 Foxpointe. The subject property is located on the north side
of Foxpointe Circle in the Hamlet Subdivision.
The owner's agent has requested the abandonment in order to build an
addition on an existing structure. In order to accommodate the
addition, the existing water main had to be relocated, the existing
easement abandoned and a replacement easement executed. The water
main has been relocated and replacement easements have been recorded.
Planning and Zoning Board review is not required on public easements.
Recommend approval of Resolution No. 20-92 vacating and abandoning a
portion of a 12 foot utility, drainage and limited access easement
lying within Lot 29, Block 1 Foxpointe.
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RESOLUTION NO. 20-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF A 12 FOOT UTILITY, DRAINAGE AND LIMITED
ACCESS EASEMENT LYING WITHIN LOT 29, BLOCK 1,
FOXPOINTE, AS RECORDED IN PLAT BOOK 32, PAGES 107 AND
108 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Donald Speisman and Evelyn Speisman, his wife, are the
fee-simple owners of Lot 29, Block 1, Foxpointe, as recorded in Plat
Book 32, Pages 107 and 108, of the Public Records of Palm Beach County,
Florida; and,
WHEREAS, Donald Speisman and Evelyn Speisman have made
application for abandonment of a portion of a 12 foot utility, drainage
and limited access easement lying within Lot 29, Block 1, Foxpointe;
and,
WHEREAS, the City Commission of the City of Delray Beach,
I Florida, finds that its interest in the described property is no longer
! needed for th~ public good and deems it to be in the best interests of
I the City of Delray Beach to vacate and abandon said utility, drainage
I and limited access easement,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166
of the Florida Statutes, it is hereby determined to vacate and abandon
all right and interest it holds to the following real property:
A utility, drainage and limited access easement, 12
feet wide, lying in Section 24, Township 46 South,
Range 42 East, Palm Beach County, Florida, said
easement being a portion of Lot 29, Block 1 of
FOXPOINTE, as recorded in Plat Book 32, Pages 107 and
108, of the Public Records of Palm Beach County,
Florida, said easement being more particularly
described as follows:
! COMMENCING at the northwest corner of said Lot 29,
, Block 1, said point lying on the south right-of-way
I line of the abandoned Hamlet Drive;
I
, THENCE with a curve concave to the southwest. having
, an initial tangent bearing of S.65029'42"E., a radius
of 768.51 feet, a central angle of 00026'50", along
the north line of said Lot 29, Block 1 and the south
right-of-way line of the abandoned Hamlet Drive, an
arc length of 6.00 feet to the POINT OF BEGINNING;
THENCE continue with a curve to the right, having a
radius of 768.51 feet, a central angle of 40 19'39"
along the north line of said Lot 29, Block 1 and the
south right-of-way line of the abandoned Hamlet Drive,
an arc length of 58.04 feet to a point;
THENCE with a bearing of S.29016'47"W., a distance of
12.00 feet to a point;
I I
.
~
,
,I -
i concave to the southwest, having
THENCE with a curve
an initial tangent bearing of N.60043'13"W., a radius
of 756.51 feet, a central angle of 4019'13" along said !
line lying 12.00 feet south of and parallel to the
north line of said Lot 29, Block 1 and the south
right-of-way line of the abandoned Hamlet Drive, an
arc length of 57.04 feet to a pointJ
THENCE with a bearing of N. 24030 'la"E., along a line
lying 6.00 feet east of and parallel to the west line
of said Lot 29, Block 1, a distance of 12.00 feet,
more or less, to the POINT OF BEGINNING.
The above-described parcel containing 691 square feet
of land, more or less.
PASSED AND ADOPTED in regular session on this the 11th day of
February, 1992.
MAY 0 R
ATTEST:
City Clerk
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C I T Y C'O M MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN,
FROM: Steven E. Taylor ~ ~
PLANNING TECHNIC AN II
THROUGHQ~~O~~~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 11, 1992 **CORSE1ft' AGENDA**
ABANDONMENT OF A PORTION OF A GENERAL UTILITY EASEMENT,
LOT 29, BLOCK 1, FOXPOINTE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of abandonment of a portion of a general utility
easement in Lot 29, Block 1, Foxpointe, as recorded in Plat
Book 32, Page 107 and 108, of the public records
of Palm Beach County, Florida. The property is located on
the north side of Foxpointe Circle in the Hamlet
Subdivision.
BACKGROUND:
This abandonment has been requested by C.L. Clark, agent for the
property owner in order to build an addition onto the residence.
In June 1979 a portion of Hamlet Drive, west of Estates Drive,
was abandoned by Resolution 43-79. The subject property
subsequently received half the right-of-way of Hamlet Drive that
abutted their property.
In order to make the addition to thier residence, the existing
water main had to be relocated, the existing easement abandoned,
and a replacement easement executed. The water main has been
relocated and the replacement easements have been recorded.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board does not have any action on public
easements.
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Page 2
City Commission Documentation
Abandonment of a portion of a Utility Easement
Lot 29, Block 1, Foxpointe Subdivision
FINDINGS:
In accordance with L.D.R. Section 2.4.6(P)(5) the Findings are as
follows: "That the abandonment will not result in detriment for
the provision of utility services to adjacent properties or the
general area."
Based on the review of this petition for abandonment, no public
or private services will be affected and all services have
approved of the abandonment.
RECOMMENDED ACTION:
By motion, adoption of Resolution 20-92.
Attachments:
* Location sketch
* Resolution to be provided by City Clerk
..
CITY COMMISSION 0
CITY OF DELRA Y BEACH ---STAFF REPORT---
Mt;.:TING DATE:
AGENDA ITEM: -
ITEM:
10"Y 1 0"
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L.~NERAL DATA:
Owner.............. .0........ .City of Delray Beach, Florida
Agent........................Clarence L. Clark
Location.....................Southwest corner of Hamlet Drive and
Foxpointe Circle.
Property Size................691 sqft.
City Land Use Plan...........Low Density (0-5 du/acre)
City Zoning..................R-IA (Single Family Residential)
Existing Land Use............Utility Easement
Development Proposal.........Addition to residential structure.
Request......................Abandonment of a 12'x 53'
(approximately) utility easement.
..
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF FEBRUARY 11. 1992
RESOLUTION NO. 21-92
DATE: February 7, 1992
This is a resolution assessing the costs for abatement action
necessary to remove nuisances on 32 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 that the
assessments remain unpaid.
Recommend approval of Resolution No. 21-92 assessing costs for
abatement action necessary to remove nuisances on 32 properties
located within the City.
.. li.'I,
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RESOLUTION NO. 21-92
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,
I 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 LandIs) 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
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and, ,
i
I WHEREAS, the owner(s) named in the list ,
property attached
I hereto and made a part hereof did fail and neglect to abate the I
,
I nuisance(s) existing upon their respective lands or to properly request ,
I a hearing pursuant to Section 100.21 and 100.22 within the time limits i
II 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-
II erty owner (s) failed and/or neglected to abate such nuisance(s) within
'I the time designated at the hearing wherein a decision was rendered
" adverse to the property owner(s); and,
,I
il WHEREAS, the City of Delray Beach, through the City Administra-
i tion or such agents or contractors hired by the City Administration was
I
I therefore required to and did enter upon the LandIs) described in the
list attached and made a part hereof and incurred costs in abating the I
subject nuisance(s) existing thereon as described in the notice; and, I
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
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,
WHEREAS, the City Commission of the City of Delray Beach.
gur~ua~t tOdChafter 1pO) of the code'if Ordinances dis,res to assess the
os 0 sa~ nu sance s aga~nst sa~ property owner s ,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I Section 1. That assessments in the individual amounts as shown
I by the report of the City Manager of the City of Delray Beach, involving
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
hereto and made a part hereof, are hereby levied against the parcel(s)
il of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
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
I and shall be collectible in the same manner as mortgages and fore-
'[ closures are under state law.
Section 2. That such assessments shall be legal, valid and I
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
i thirty (30 ) days after the mai ling date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
I accrue at the rate of 8% per annum, plus reasonable attorney's fees and
,I
i other costs of collecting said sums. A Notice of Lien shall be mailed,
I 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
I necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolut~on 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.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
;1
I
1 MAY 0 R
I
II ATTEST:
II
II CJ.ty Clerk
"
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,I - 2 - Res. No. 21-92
. ~ i
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COST OR ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
THE PT OF ELY77.41' OF N100' COMMUNITY LAND CORP.ET AL $125.00
OF S125' OF W 1/4 OF LOT 5 LYG P.O. BOX 5001 50.00 (ADM. COST)
ELY OF 1-95 R/W, SUB. OF SEC. LIGHTHOUSE PT, FL 33074 (RECORDING)
17-43-46, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(SW 15TH AVENUE),
LOT 20, BLK 2, ATLANTIC PARK MARTHA ALEXANDER $175.00
GARDENS, PB 14, P 56, PUBLIC 45 SW 13TH AVENUE 7 0 . '0 0 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(45 SW 13TH AVENUE)
LOT 2, WILLIAMS SUB., PB 24, ARNETTA HAYWOOD '$ 94.00
P 180, PUBLIC RECORDS, PALM 325 ROOSEVELT AVENUE 70.00 (ADM. COST)
BEACH COUNTY, FL DELRAY BEACH, FL 33444 RECORDING)
(236-238 SW 15TH AVENUE)
E28' OF LOT 3 & W48' OF LOT 4, ROBERT G. LAZAR $187.00
BLK 4, BELLVIEW MANOR, PB 24, 356 GOLFVIEW ROAD #609 70.00 (ADM. COST)
P 54, PUBLIC RECORDS, PALM NORTH PALM BCH, FL 33408 (RECORDING)
BEACH COUNTY, FL
(208 SW 8TH COURT)
LOT 4, BLK 23, TOWN OF DELRAY, MELVIN SMITH OR THE $ 82.00
PB 10, P 69, PUBLIC RECORDS, ESTATE OF MELVIN SMITH 70.00 (ADM. COST)
PALM BEACH COUNTY, FL OR MELVIN SMITH'S HEIRS, (RECORDING)
(SW 5TH AVENUE) DEVISEES, LEGATEES,
GRANTEES, OR THOSE
CLAIMING BY, THROUGH OR
UNDER MELVIN SMITH
215 SW 5TH AVENUE
DELRAY BEACH, FL 33444
LOT 18, BLK i3, TOWN OF DELRAY, MATILDA JOHNSON $ 28.00
PB 10, P 69, PUBLIC RECORDS, 225 SW 6TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL ,33444 (RECORDING)
(SW 6TH AVENUE)
LOTS 32 & 33, BLK 15, TOWN OF VERA F. GIBSON $ 64.00
DELRAY, PB 13; P 18, PUBLIC P.O. BOX 66 7'0 . 00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL INKSTER, MI 48141 (RECORDING)
(SW 6TH AVENUE)
LOT 11, CARVER SQUARE, PB 24, BENANGE DES SALINES $ 76.00
P 11, PUBLIC RECORDS, PALM RICOULD DARMESTOY 70.00 (ADM. COST)
BEACH COUNTY, FL 700 SW 2ND COURT (RECORDING)
(700 SW2ND COURT) DELRAY BEACH, FL 33444
-3- Res. No. 21-92
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S90' OF N110' OF BLK 21/LESS DAVID HARGROVE $ 5i.00
W175', TOWN OF DELRAY, .PB 1, MATTIE B. HUDSON 70.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM 220 NW 4TH AVENUE (RECORDING)
BEACH COUNTY, FL DEERFIELD BCH, FL 33441
(SW 5TH AVENUE)
LOT 17, BLK 54, RESUB. OF BLK SCOTT KATZ $236.00
54, DELRAY BEACH, PB 11, P 2, 3923 LAKE WORTH ROAD 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH LAKE WORTH, FL 33461 (RECORDING)
COUNTY, FL
(111 SW 2ND ST &
141 SW 2ND AVE)
LOT 11, BLK 38,RESUB. OF BEULAH HUNTER $ 40.00
S 1/2 OF BLK 38 & N 1/2 OF 248 NW 14TH AVENUE 70.00 (ADM. COST)
BLK 39, DELRAY BEACH, PB 11, DELRAY BEACH, FL 33444 (RECORDING)
P 34, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(SW 4TH AVENUE)
LOTS 23 & 24, BLK 6, SILVER BERNARD W. EVERETT $ 24.93
TERRACE, DELRAY, PB 11, P 61, JEAN M. EVERETT 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 309 NW 4TH STREET (RECORDING)
COUNTY, FL OKEECHOBEE, FL 34972
(SE 10TH ST & MIAMI BLVD)
LOT 25, BLK 6, SILVER TERRACE, BERNARD W. EVERETT $ 24.92
DELRAY, PB 11, P 61, PUBLIC JEAN M. EVERETT 35.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 309 NW 4TH STREET (RECORDING)
(SE 10TH ST & MIAMI BLVD) OKEECHOBEE, FL 34972
LOT 12, BLK 10, DELRAY SHORES, CLAVOIR BATEAU & J. $ 76.00
PB 24, P 233, PUBLIC RECORDS, PRIMEAU, R HARILUS & 70.00 (ADM. COST)
PALM BEACH COUNTY, FL JEANNE CHARLES (RECORDING)
(2554 SW ANGLER DRIVE) 2554 SW ANGLER DRIVE
DELRAY BEACH, FL 33445
LOTS 5 & 6, BLK 8, OSCEOLA DOUGLAS M. & LAURA B $ 46.00
PARK, PB 3, P 2, PUBLIC KNIGHT 70.00 (ADM. COST)
RECORDS, ,PALM BEACH COUNTY, FL 1900 TULIP STREET (RECORDING)
(722 SE 4TH AVENUE) SARASOTA, FL 34239
LOT 19, SUNDY & TENBROOK ADD. J.E. & KAY B. WOMACK $ 32.00
TO DELRAY, PB 12, P 32, P.O. BOX 2493 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33447 (RECORDING)
COUNTY, FL
(SW 4TH AVENUE)
S5' OF LOT 1 & N71.5' OF LOT SYLVIA SCHUPLER TRUST $ 40.00
2, BLK 30, PB 1, P 3, PUBLIC 3101 WASHINGTON ROAD 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL WEST PALM BCH, FL 33405 (RECORDING)
(SW 5TH AVENUE)
-4- Res. No. 21-92
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LOT 5, HIGH ACRES, PB 21, P 85, BLUE STAR BUILDERS, INC. $ 22.00
PUBLIC RECORDS, PALM BEACH 2044 NW 52ND STREET 70.00 (ADM. COST)
COUNTY, FL BOCA RATON" FL 33496 (RECORDING)
(109 NW 16TH STREET)
LOTS 20 & 21, BLK 6, OSCEOLA SIDOLES DUMELLE & JOHN $ 71.65
PARK, PB 3, P 2, PUBLIC CORNEILLE, MICHAEL ELME 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 119 SE 6TH STREET ( RECORDING)
(119 SE 6TH STREET) DELRAY BEACH, FL 33444
LOT 31, BLK A, TOURIST NOOK, JOHN CUNNINGHAM $ 82.00
DELRAY, PB 11, P 47, PUBLIC 4667A ORLEANS CIRCLE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL WEST PALM BCH, FL 33415 (RECORDING)
(256 NW 9TH AVENUE)
LOTS 14 TO 16, INC., BLK 1, ESTERVINA MOREDA $305.00
SOUTHRIDGE, PB 13, P 38, P.O. BOX 1953 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33447 (RECORDING)
COUNTY, FL
(REIGLE AVENUE)
LOTS 17 TO 20, BLK 1, ESTERVINA MOREDA $305.00
SOUTHRIDGE. PB 13, P 38, P.O. BOX 1953 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33447 (RECORDING)
COUNTY, FL
(REIGLE AVENUE)
LOTS 4 & 5, BLK 4, SILVER CONSULTANTS MARKETING INC $ 40.00
TERRACE, DELRAY, PB 11, P 61, 14000 N MILITARY TRAIL 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BCH, FL 33484-2630 (RECORDING)
COUNTY, FL
(1026 OLD DIXIE HWY)
THE PT OF LOT 11 KIA W 1/2 OF ELIJAH THOMPSON $196.00
DUPLEX, BLK 4, PRIEST'S ADD TO 241 SW 14TH AVENUE 70.00 (ADM. COST)
ATLANTIC PARK GARDENS, PB 23, DELRAY BEACH, FL 33444 (RECORDING)
P 70, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(241 SW 14TH AVENUE)
LOT 29, BLK 3, DELRAY SHORES, YVONNE RAMEAU $ 40.00
PB 24, P 233, PUBLIC RECORDS, 17225 SW 109TH COURT 70.00 (ADM. COST)
PALM BEACH COUNTY, FL MIAMI, FL 33157 (RECORDING)
(3425 DORSON WAY)
LOT 13, BELLEHAVEN UNIT B, GREGORY J. HIBBS $ 70.00
PB 27, P 27, PUBLIC RECORDS, 600 SW 4TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL FT. LAUDERDALE, FL (RECORDING)
(343 SW 11TH AVENUE) 33315-1071
-5- Re s. No. 21- 9 2
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LOT 13, BLK 3, ATLANTIC PARK RIDLEY TEMPLE CHURCH OF $118.00
GARDENS, DELRAY, PB 14, P 56, GOD IN CHRIST OF AMERICA 70.00 (ADM. COS~
PUBLIC RECORDS, PALM BEACH 102 SW 12TH AVENUE ( RECORDIN(
COUNTY, FL DELRAY BEACH, FL 33444
(102 SW 12TH AVENUE)
LOT 1, BLK 3, ATLANTIC PARK RIDLEY TEMPLE CHURCH OF $ 64.00
GARDENS, PB 14, P 56, PUBLIC GOD IN CHRIST OF AMERICA 70.00 (ADM. COST
RECORDS, PALM BEACH COUNTY, FL 146 SW 12TH AVENUE (RECORDING;
(SW 13TH AVENUE) DELRAY BEACH, FL 33444
N69.5' OF LOT 9, BLK 78, TOWN DOROTHY MAGER $ 58.00
OF DELRAY, PB 1, P 3, PUBLIC 553 WRIGHT DRIVE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL LAKE WORTH, FL 33460 (RECORDING)
(102 SE 2ND AVENUE)
LOTS 8 & 9, BLK 95, LINNS ADD SOUTHEAST MORTGAGE CO $346.00
TO OSCEOLA PARK, DELRAY, PB 3, C/O JOSEPH PANIELLO, ESQ. 70.00 (ADM. COST)
P 2, PUBLIC RECORDS, PALM P.O. BOX 2347 (RECORDING)
BEACH COUNTY, FL TAMPA, FL 33601
(231 SE 3RD AVENUE)
W80' OF E440' OF LOT 6, LAMBERT JONATHAN M. MAAS $ 77.S 0
TRAILER COURT, PB 22, P 41, 3825 LONE PINE ROAD 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 (RECORDING)
COUNTY, FL
(SE 12TH ROAD)
W130.47' OF LOT 6, LAMBERT JONATHAN M. MAAS $ 77.50
. TRAILER COURT, PB 22, P 41, 3825 LONE PINE ROAD 35.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 (RECORDING)
COUNTY, FL
(SE 12TH ROAD)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS1 DECLARED NUISANCE.
-6- Res. Nn "'_0')
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
. /1
FROM: CITY MANAGERlJ;v'
SUBJECT: AGENDA ITEM i ~'R - MEETING OF FEBRUARY 11. 1992
AWARD OF BIDS AND CONTRACTS
DATE: February 7, 1992
This item is before you to approve the award of the following bids
and contracts:
1. Road Reconstruction Project Part A - Tropic Isle, Iris
Drive, Spanish Trail and Avenue L - Weekly Asphalt and Paving,
Inc. , in the amount of $151,974 with funding from Decade of
Excellence Bond Issue (Account No. 225-3162-541-61.17).
2 . Stormwater Drainage Improvements (Phase I) - N.E. 8th
Street/Palm Trail, N.E. 2nd Street/N.E. 4th Avenue, S.E. 8th
Street, - A.O.B. Underground, Inc. in the amount of $47,130
with funding from Stormwater Utility - Drainage Phase I (Account
No. 448-5411-538-62.16).
3. Toro Fairway Aerator - Municipal Golf Course - Hector Turf
(GSA Contract) in the amount of $17,714.43 with funding from
Municipal Golf Course Equipment Other (Account No.
445-4761-572-60.89).
4. Snap-Tite "TPX" fire hose (2,600 feet)- Fire Department -
Snap-Tite Hose, Inc. in the amount of $14,300 with funding from
Fire EMS Operations/Pumps and Hoses (Account No.
001-2315-526-60.88).
Recommend approval of the award of the above bids and contracts with
funding as indicated.
.. l;d
"
. .
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: January 28, 1992
X Regular Agenda ____Special Agenda ____Workshop Agenda
- When: Feb. 11. 1992
Description of agenda item (who, what, where, how much) Staff
request City Commission award the Road Reconstruction Part A for Tropic
Isle, Iris Dr., Spanish Trail & Avenue L, Project No. 91-81 to Weekly
Asphalt and Paving, Inc. in the amount of $ 151.974.00.
Account No. 225-3162-541-61.17.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends City Commission award of Road Re-
construction Part A to Weekly Asphalt and Paving, Inc. in the amount
of ~ 151,974.00.
&//)~ ~
Department Head Signature: 1/~O/1 z.
, ,
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds): ~/NO
Funding available:
Funding alternatives (if applicable)
Account No. & Description 22S.-5/G2-E;A-I.pl-1l ST12E.tl'1<Ec.otJS-rT<\A.c-nON
Account Balance 1\1%/tCO.~1 ~I.
City Manager Review:
Approved for agenda: ~/NO f)M
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
'.
"
.
- .
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: RALPH E. HAYDEN, P.E~
CITY ENGINEER
DATE: JANUARY 28, 1992
SUBJECT: ROAD RECONSTRUCTION - PART A (TROPIC ISLE, IRIS DRIVE,
SPANISH TRAIL, AVENUE L), PROJECT NO. 91-81
- - - - - - - - - - ~ - ~ - - - - - - - - - - - - - - - - - - - -
Enclosed is an agenda request and bid tabulation for the Road
Reconstruction - Park A. The lowest responsible responsive
bidder is Weekly Asphalt and Paving, Inc. Their bid is
$ 151,974.00. Please place on the agenda for Commission
Approval. Account No. 225-3162-541-61.17.
REH:kt
RHDHJ7.KT
cc: Interoffice Memos: Memos to David T. Harden, City Manager
Sandee Mills, Adm. Sec. , Environmental Services Department
,. ,,,,.
r--~~-- pvfl.T 71- 8/: /791 /?b GBS C"r//-J/?L-c:5 l1/b--z;KLe7 I//J;? b~ / rl'S R Ie. -/"?/J 1'/
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lllL.=.. " Una J2lWl.l;.it.l( . WllA l.Il.l.l:l
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1 Clearing and ...
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Lu.p lUll price. ~s 1 .1 ' $ /5 .5 oC).- :25 000
. ~
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'/_5"0,- 3500- ~ $/30 .- J{J) {JO(J -
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Z Traffic Control I
Lu.p IUM price. LI 1 , 1 1S 0'- 3 500- ;1.0,000- 8fiO'- 4; ;UfO- I/J /!/J/)-
,
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:J Furnhh and (natall ,<,~ 45 3,~
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'ricI plr .q. 'yd. .n ,:1,100 , ' $ .
Dollars
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5 rurnhh and in.tall !3~ S?-E- :;7tJ 9- 9-
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ill )
Prie. p.r Unaar 4~ OOt) - ~3, O(J()- ~ 5 C;t.JO- d. S C,OtJ- 3/. Ot)(}- .:<. 5' 000-
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Prica par Unear I .2/; 790.- /5'.33.3;- / g fva- /~. .2S(J-
footl ~r 570 $_ _ , , I -?j .2 5"tJ- /1j ~..20-
.
liOl1.~-'-
!
Cant.
, rurnhh and l~.tall" /100- /,~S()- I. 5(:ll? .- 7-75- _-Z?CJ- /. /t?o .-
type I C I inlet .and
appurtenanc..
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Oo1vau ;j
Ciiit. ,
10 rurnhh and In.taU /, tJ~tJ- /) /50- II 5c.v- 9' t1t:> - J. .200 ~ II OOd'-
type 'CA' hIlt and
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.
DoUar. I
Cant.
11 Furnish and in,tall ..
'I _tor.wat.r control ::<. Tl:5- ..1/ f!LJO .- 3. 90[1- .,z. .2M- :<")350- ~OOO-
i .tructure .nd - .
appurtenanc..
4- 750 .- L;: /f,tJtJ ,- 7-,fJOtJ- 4,5;213'- 4. ?-t:Jo- 4. t1X1-
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..
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and appurtlnanc..
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..
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~ ~ b.ul 'Agenda Item No.:
-r~ ~. AGENDA REQUEST
Request to be placed on: Date: January 30, 1992
--X- Regular Agenda ____Special Agenda ____Workshop Agenda
When: 2/11/92
Description of agenda item (who, what, where, how much)Staff
request City Commission to award the Storm Water Drainage Improvements, Phase I,
(S.E. 8th St.. N.E. 2nd Street/N.E. 4th Ave. Citv Hall Paving) Project No. 91-84
to AOB Underground. Inc. in the amount of $ 47.130.00.
ACCOl1nt No. 448-5411-538-62.16.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of Storm Water Drainage
Improvements, Phase I to AOB Underground, Inc.
Department Head Signature: 4tJ,f2.o~ //,;:f!
Determination of Consi~tency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving I
expenditure of funds): ~ A L~J-.
Funding available: YES NO \LYJ~~L,
Funding alternative (if ap~~
Account No. & DescriptionMg..S4II-S38.b2-{b ~A-\to-.\AG,E PHASE L
Account Balance S31~O~ .<6'1
City Manager Review:
Approved for agenda: ~NO tM
Hold until: ~.
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
(I'
,~~
'.
"" './'
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: RALPH E. HAYDEN, P.E~
CITY ENGINEER
DATE: JANUARY 30, 1992
SUBJECT: STORM WATER DRAINAGE IMPROVEMENTS, PHASE I (S.E. 8TH
STREET, N.E. 2ND STREET/N.E. 4TH AVENUE, CITY HALL
PAVING) PROJECT NO. 91-84
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Enclosed is an agenda request and bid tabulation for the storm
Water Drainage Improvements Phase I. The lowest responsible
responsive bidder is AOB Underground, Inc. Their bid is
$ 47,130.00. Please place on the agenda for Commission approval.
Account No. 448-5411-538-62.16.
RH: kt
RHDHJ7.KT
cc: Interoffice Memos: Memos to David T. Harden, City Manager
Sandee Mills, Adm. Secretary, Environmental Services Dept.
,. ....1
,.
f>R::r C;/-g~ /},0.8. we#6-8K' S i/ t: L.. / V;.9.!V /;;tPC?/N(7 P~7CE?-#M j), .5, c77K/M !YJOLLO/ "JOI'/M:ou -
_<J'/,t:JaN //#J7;!:K' J;I?~/IV.I/J?p. tI ;Vllt1J:> 6'Rt7V,v~ /;iXC/9Y/I17IV~ BR~ . Me, ~c.~t/ICF-5 EA/o://V'a-;z>/~ C.'Olf/S/l?, CO"fY. .B ,eelS..T1Ie; 2)/q J/I ~ ....:&' C,
RCIIEwr.! or un PRle!1 ?I/,:;:' .InC, ;;r /-Ie. .
1. N.I. UtD ,Tall.. , M.I. ..,.. AVINUI
p.KEDIAL DAAIMAGI IH,AOVIUft.
BID E..... UHIT
ITEK
NO. DESCRl PTIDN UNIT QUANTITY PRICI
6; fj(JO'- ~GSO - ~ OtJO.- S, CW'- L'f.?:<3-_ _ /StJOtJ - C:,5'CJCr- -Lry;OtJ -
1 Con.truct drainage ~ ..._...:~-
illlprov...nta .5 800'- ~ C;50'-, $)000 - 3. 000- /4 -?,:Z3- /5 tJI1t)- r: _C;;OO- /0 /JIM-
Luap IU. pricI' L!I 1 $ ) "
Dollar. .-
Cent.
n. 'ALIt 'flAIL "'1 ..1. 1'1'1& ''l'UI'I'
1 Furnish and 1nstall g~- 4<).- _-?1- - 43- 162.- /00 .- 1-5- 50~
12" CIa.. IV u1n...
forced p J p. and
appurtenanc.. 4. tJ{J{) .-
priCI plr Un.ar '" 4D , /, 1-1-0- / (PO ,/- ..-: 3 C> () - ,/, ?:l.O- ~. 4-!3cJ- /, fJoC)'- 2.. OrJu --
loot. _
Dollara
Canta
) lul'nbh and 1n.taU .1.5- LJS- 31-- #5- 30'- /00 .- 1.5- ~()-
1$" Cha. XlI rein-
forced concrote pJ.p. -
Ind .PPul"t.nanc..
prl.cI par ).In..r: +, ",II 500 .- .20 rCJO- /.;' 6~0- ':<0, lm- /38OCJ- -"f(; .IJCl{J -- ;(0 ~()O- ~3,I'J/Jil-
loot; LP 460 ,
.
pOllan
Canta
4 furnhh and In.taU
J,!i" slotted uin.. 32- w~-
forced conc:rata 50- 3<;'- .:<04 - /tJS- GO.- .5"'0 -
p1pa and
appurtenance. -
1'1' lei par. 11n...r LP H . /. /;<0- /. .:;S()- / .2..4tJ- 2. 240- '1 J1o'- 3 /,,?S- 2./t)()- /. ;750'-
tool'.'
O,0111r.
Clnh .'
, rurnhh and in.taU. :<~ /,::E:9 5'- /9a- s'- /,'~ /0- <~-
bahh IDd and
appurtananc..
PriCI p.~ .quare BY '0 . /50- 9t)'- 300 - / /. 40iJ- 3C)6 - 90'- G,oo .- 300-
yardl
Doll.r.
Cant.
, Purnhh and. InahU
,.. ductlh iron -'10- tP5- .:<5- ..:zo - -L.J.O - ;<.5- ,:(5- 30-
pipe and appur-
t.ananc.. .
PriCI par Un..r . $ fI (JOO ~ &. _500- .:l. . SCt:r .2 ()OO- / .( /iCJO - .7. 5CJ{) - ,..1. .5CJ(J- 3 {)OO-
tooti LP 100
DoUan ,-
Ctanta
7 I..connect Ixhtinq ~ 5'00- 5tJO - 3,;tJOO - .:<SO- 50tJ- /.50- oZ, aJO'- 3)O{J{J-
2 It A.in .and
e.ICbtin9 .ervJc.. 2, .<O,'}- 5{)O- ? /J()(J'- a2 <;"[}- S- ClO - /50- ' 2. /)tJ{)- S(Y](J-
!Nap '1.1. ,..\0.1 ... . ,
Dol hra
C.nt.
I-Z!o. IOUTM.Alt' I'I'M .fRI',t'
DAAIltAQ' IX'JlOVEKaN'f'
. Con.truct dra1nage /~ t25tl- / 0. of 7..2 /-1,:21(,- 9, 7-'15- / ~I ..tiler ";<8,OM- / ?; seo- /~,OOtl-
i.prov....nt. on
I.E.. Ith st. . 9::7-45-
wap au. prlcal L8 1 $ /0 CJ.~IJ- //J.49,:r /4 ~?~ - / /i. 4m'- ..:< 8. (J{JO- /7:..500- /~.c<<J ,-
Oolh.n
C.nt.
. rurnhh and in.t.aU
1- thick type III
..phaltlo concrete ~- 3~ -? .?E- qB:2. 5- 8~ -7,C' -f-
overlay end lavd- 4,-~
in9 gour..
Price par .quare BY 76D $ /f 5~() - ..J. ~ ~ 3. ?-.:2.1- ~ 4'.32.-- ~~, Bot! - Go ~6o" 3 C,/()- -t tYltJ ,-
yardE
Dolh.u
I
cant.
Ill., ALLOWAMC' AIID INDEKNIFJCA,.JOX ~, Otlt1- ..3. 000 .'- 3, POO- 3. (j(!{) - .:s, ~-=- _,_fLL.:.vO -
10 T..t1nq Lab ~OO- 3;tJtJO- _
allowanc. 3, otJC/- 3, oao .- ~.c?t'O -. ~ Cl(J(').-
w.p .u. prica. L8 1 , J OOO.OD .3 /JtJ{)- 3,000- 3. CJ()tJ - _'!I tJtltJ.-
:thr.. thou.and
DoUar.
JIg
Conte d..OtJO- ';<,000- .:l. {){)CJ~ .?; tJ cM - ..:< ,tJoo-
-.d.;..J2QQ. ,- .{; 000 - ~(J""
, '"
11 vid.o "Al10","c' :1 > {lOO - . . :l (JOO"" .2. /JIJ (1- 2 OeJO - .2)0011- .2.oao- .2 J)tJ,'f - 2. ,10(/-
t.u..p' .ua prl".' La 1 , 1 Clao.oo _ ,
~
Dollar.
JIg
Cent. /0-
/Cr /(/-- /tJ- /tJ - /CJ- ItJ- __--./tJ -
11 Ind..nlllcation /{J- /tJ- /{J- /0- /{l- /tJ - /eJ - /0-
a.uap au. PI' .1e.1 LS 1 , to.DO _
:bJl
Dollar.
JIg
Cent.
11 rurnhh , In.taU / {)OO- 500- ;j 8C)(J- ! 500- 5Ct?- /5"M - ~ 9;0- 15t!O ~
conflict ..nhola , --,l--
and. apput.nanc.. /. ()Oa- _~oo- /.E/)(J- / 5tX'- J;;OO- /. 5tJo- /. .::00 -
..rice par ..",holel &to 1 . ~ 5'tJtJ-
Collar.
Cent.
'Total 1".luat.ad lid ~~./30- S 1- () 1-:<'- sr;. .810.- _59. 99~ - 82. 12.3- / /:( 38J;~ ~ 4- 8tl...o'- ~?5. GC/{) -
lid It... 1 thorU9h U (in "u.b.r.) 1
Total Evaluat.d a1d
aid It.... 1 thrau9h 1:1 (in vord.)
Dollar.
e.nt. ,
-----
,.
'. -
Agenda I tem No. :
AGENDA REQUEST
Date: .J;mllary 2(L 1 qq2
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: Fphrllray 11. 1qq:;>
Description of agenda item (who, what, where, how much): Purchase Award -
One (1) Taro Fairway Aerator for the Municipal Golf Course
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Hector Turf at a total cost of $17.714.43. via
GSA Contract #GS-07F-17977.
/ -)j/fi /
/ J / t-r ff~41~1~ /~h~
'I
Department Head Signature: Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO
Funding alternative . ~PliCable)
Account No. & DeS~iPtiOn's:;1s -'i71,1-S7:J.-~K'1 ~
Account Balance: 2)35Z. G-C"~
City Manager Review:
r:~,\ 1(7'-~
Approved for agenda: &9/ NO
Hold Until: l. I
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"
'.
., ...
MEMORANDUM
TO: David T. Harden, City Manager
THROU~ Robert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer ,..1 Jf
DATE: January 29, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 11, 1992 - PURCHASE AWARD -
TORO FAIRWAY AERATOR
Item Before City Commission:
The City Commission is requested to award purchase of a Toro fairway
aerator to Hector Turf, at a total cost of $17,714.43. Per the
Finance Department, funding is from:_ 445-4761-572-60.89
( ) .
Background:
Funds were not allocated in the Golf Course FY 91-92 capital budget
to purchase a fairway aerator. However due to the fairway planting
and heavy compaction caused by cart traffic, this item is a priority
purchase. Other capital equipment items will be deferred to purchase
the aerator. The budget balance in this line item is $42,352.50
Fairway aerators are available via GSA Contract #GS-07F-17977, per
attached documentation. The retail price for this equipment is
approximately $24,000.
The Golf Course Superintendent has reviewed this contract and
recommends award to Hector Turf.
Recommendation:
Staff recommends award for one (1) Toro fairway aerator to Hector
Turf, at a total cost of $17,714.43 via GSA Contract. Funding as
outlined above.
Attachments:
Documentation on GSA Contract
Letter from Hector Turf
., ""
. ,~
.
..-.." .""-,.....--- _ ......__.~.4... . ..40 ,..~"'...-'"'__
1301 NW. THIRD STREET / DEERFIELD BEACH, FL 33442
TEL.: (305) 429-3200. FAX: (305) 360-7657
January 17, 1992
Delray Beach Municipal Golf Course
2200 Highland Ave.
Delray Beach, FL 33445
Attn: Tom Arendt
Golf Course Superintendent
Dear Tom:
Below is an quote for Federal Supply Schedule #F41999-91-D 6079 (NAF).
1 ea Model 09500 Toro Fairway Aerator $15,885.18
1 ea Model 09510 Completion Kit 1,829.25
TOTAL $17,714.43
The prices, terms and conditions of sale are based upon your acceptance
within thirty (30) days from the date of this letter.
Thirty (30) days after this quotation, all prices are subject to change
and all merchandise will be priced at prices prevailing as of the date
of shipment.
Our terms of sale upon approved credit are net thirty (30) days or cash
on delivery.
Sincerely,
~mberg
Sales Representative
Turf Products
.
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Fairway Aerator
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Productivity, extra depth and durability in one machine . . .
This 1.5 acre per hour aerator gives fairways and other large
turf areas the same quality aeration previously limited to greens.
------ .. ; ------.
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Agenda Item. No. :
AGENDA REQUEST
Date: 1/29/92
Request to be placed on:
X Regular Agenda
Special Agenda 2/11/92
Workshop Agenda When:
Description of item (who, what, where, how much): Purchase of 26 - 100
foot lenliths of Sn;:tp-Tit-p "TPX" 5" red fire hose.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YEse Draft Attached: YES/NO
Recommendation: Recommend approval with fundin~ from line item 001-2315-526-60-88
(Pumps and Hose)
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO -AJ, if apPliCible) f
Funding alternatives:
Account No. & Description: WI-Z?:>I.t:;;-t:;U. W-~
Account Balance: Ib, 1f)(). (5() Q. l-/f}'( c:.. <l ftw-q..s
I~~
City Manager Review:
~pproved for agenda: ~1/ NO L)~
Hold Vntil:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
'.
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[IT' DF DElAA' BEA[H
FIRE DEPARTMENT
J/\i~ 3 1 '199:)...
MEMORANDUM
('J I r 'f ;V~;:'\ii'; ~'.~~,~; ;~_ ;'<'::~ OFF!
TO: DAVID T. HARDEN, CITY MAN~
THRU: KERRY B. KOEN, FIRE CHIEF" fL5\C:;
FROM: M. B. WIGDERSON, ASSISTANT FIRE CHIEF
DATE: JANUARY 29, 1992
SUBJECT: PURCHASE OF 5" FIRE HOSE
The Fire Department is requesting the purchase of 2,600 feet
of 5 inch, f ire hose, which will be needed to outfit one of the
new pumpers and the new pumper-ladder truck.
I recommend the purchase of snap-Tite "TPX" f ire hose, as a
sole source product, to continue the standardization to light
weight, three ply, double vulcanized, large diameter supply hose
with field repairable Storz couplings. This hose is warranted for
10 years, is chemically resistant, and has superior packing
characteristics.
By purchasing this hose directly from the manufacturer,
Snap-Tite Hose Inc. , we can realize a substantial savings at
$550.00 per 100 foot length when compared with area vendors
offering this product at $629.00 per section from Delray Fire
Extinguisher, Inc. or $600.00 per section from Municipal Equipment
Company. The total cost of $14,300.00 for this purchase has been
budgeted in Line Item 001-2315-526-60-88. $15,000.00 was
estimated for this purpose leaving a balance of $1,900.00 in this
account.
Your concurrence with this matter will be appreciated and
will apply Requisition No.5808 for this purpose as well as the
attached Agenda Request.
41~w~
M. B. Wigderson
Assistant Fire Chief
FIRE DEP!\RTMEI\JT HEADQUARTERS. 101 WEST ATLANTIC AVENUE .OELRAY BEACH, FLORIDA 33444
407/243-7400. FAX 407/265-4660
'.
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................ ..... . . .. ..... . ............ ....... ....... ........
..... ......... ",. ........................ ........ P.04
JAN 23 '92 12:04 STEVE STEFANIDES
.
.
_.1itJl HOS! &PONN
,
January 23, 1992
Michael wiqderson, Assistant Chief
Delray Beach Fire Department
101 West A~lantic Avenue
Oelray Beaqh, Florida 33444
Dear ChiefWigderson:
Thank you ~or this opportunity to quote you on your request for
updated prf:cinq on the Snap-Tite "TPX" hose product.
"
Please be advised that you may continue to ut.ilize the pricing
quoted to ybu in April/May of last year when you last purchased the
"TPX" hose :from us. At that time the price was $550.00 per 100'
section of hose. You may continue to purchase from that order.
Should you ( desire t.o change t.he style of hose you have been
purchasing to t.he extruded thru the weave style of hose offered by
others in t.he market.place, and known as our "HFX" hose you may use
a price of ;$507.00 per section.
I can be contacted thru my office in Florida at 407-767-4466 should
you have any furt.her questions or if I can be of assistance to you
in the fut~.re.
Regards,
217 TlTUSVILL€ ROAD - UNION CITY. PENNSYLVANIA 16438 U.5'.A -- PHONE: 814/438-7616 - FAX: 814/438-8183
'.
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,..... ................. .., ................
....,.... ....... ..... . F'.OJ
J8N 23 '92 12:03 STEVE STEF8NIDES
.
I
'J
"
4. FIELD SUPPORT.....The sale is only the beginninq of the
S~ap-Tite relationship with its customer. The
availability of factory personnel directly in the field
for assistance in training, warranty administration and
updates in technoloqy is just part of the reason behind
tbe Snap-Tite success story.
Yes, the "TPX" style of hose is more expensive.than the
competition's extrUded t.hru the weave style of construction, but.
the features and benefits along with the subsequent high level of
reliability in our product makes snap-Tite the leader in our
industry. r
We also offer an extruded thru the weave hose and 1 t is marketed as
our "HFXd produot. It is constructed in the same manner as the
other manufacturers in our field. However, the warranty is the
same for ~is style of hose as the "TPX", a FULL 10 YEARS.
The "HFX" hose is ooupled with a 3 part style collar, the same as
the compet.ition.
I do hope this short note might have served to highliqht some of
the differences between our hose and. tbe competit.ion. However the
real difference is in owning our produot and experiencing the way
we treat our customers.
Regards,
,
'!,
:
I
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"
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,.
JAH 23 ''32 12:02 STEVE STEFAt~ I DES P.02
.
. I~
,
~ .. ~PO.
~.~ HOS! ,
January 23, 1992
Michael Wi~derson, Assistant Chief
Oelray Fir~ Department
101 West A~lantic Avenue
oelray Beaoh, Florida 33444
"
Dear Chief ':Wigderson:
I
.i
Thank you :tor takinq the time yesterday to see me so I could
introduce myself to you and the department. As a valued oustomer
it is very important to the oompany to maintain excellent lines of
communicat!on with the users of our products so we miqht better
stay abrea~t of your needs.
The "TPX" ~tyle of large diameter hose your department has been
using is cdnsidered by many departments in your area to be of the
highest qu~lity available on the marketplace today for several
reasons; ~ :
,.
1. W~TY....... ..The snap-Tite warranty will cover your hose
fd,r the full 10 years not only against material and
workmanship, but also against abrasion, punctures and
e~er burn thrus. The competition covers their hose for
only 2 years against these items.
T~ warranty is not limited to a one time replacement of
hose, but will cover you for the full 10 years on all
pi~ces.
2. PAGKABILITy....TPX hose with its 3-Ply Double Vulcanized
d~ign not only holds up bet.ter against punct.ure, abrasion
and cutting, but packs in 20 to 30 % less space than does
t.h. competition with its "extruded thru the weave" process
of; hose production. The much tighter weave of the inner
fabric allows for this unique feature allowing the hose to
sit much flatter in your hose beds.
;
3. COUPLINGS......Snap-Tite IlCAS" bindings are the safest
mo~t. reliable bindinq method utilized in the Fire Service.
Th~ binding itself remains secure in pressure tests
equalling the burst pressure of the hose itself. This
pr~mier method of binding is available as the standard
on the snap-Tit.e "TPX" style of hose. The lesser quality
3-part collar design utilized by other manufacturers is
also available at a sliqht eost reduotion.
217 TlTUSVILL~ AOAO~ UNION CITY. PENNSYLVANIA 16438 U.S.A. - PHONE: 814/438-7616- FAX: 814/438-8163
'.
.. I"t'
.
. ~:1its
FIRE FIGHTING PRODUCTS
FIRE HOSE SPECIFICATIONS Dura-Liaht TPX
LARGE DIAMETER HOSE
I. SCOPE: This specification defines a premium quality, lightweight, heavy duty, compact fire hose in sizes
3-1/2" thru 6" 1.0. designed for supply and relay applications,
II. HOSE CONSTRUCTION: Three-Ply, Double Vulcanized
A. Cover -100% Synthetic Nitrile Rubber-Ribbed
B. Reinforcement - 100% Synthetic Fiber, Circular Woven
C, Liner -100% Smooth, Synthetic Nitrile Rubber
Upon request, bidder to supply sample of all three plys,
III. PRESSURE TEST REQUIREMENTS: All hose shall be tested to NFPA 1961 Standard for Fire Hose, 1987
Edition, Each section shall withstand a hydrostatic test (acceptance) pressure as shown below for at least
15 seconds without leaking or breaking thread in the hose. Each hose shall be marked in accordance with
NFPA 1961 Standard for Fire Hose.
HOSE ACCEPTANCE MINIMUM BURST ANNUAL SERVICE
SIZE PRESSURE PRESSURE TEST PRESSURE
3-1/2" 450 PSI 700 PSI 225 PSI
4" 450 PSI 700 PSI 225 PSI
5" 400 PSI 600 PSI 200 PSI
6" 300 PSI 500 PSI 150 PSI
IV. WEIGHTS: Hose with coupl ings in 100' sections shall not exceed the following weights:
SIZE 100' COUPLED
3-1/2" 77lbs.
4" 861bs
5" 1101bs.
6" 135 Ibs,
If requested, manufacturer shall be required to supply actual production hose for test weighing,
V, COUPLINGS: All couplings on 4" and 5" shall be Storz connections with 4 bolt non-segmented CASTM
bindings and with compression type contrxial sleeve, Couplings must be field repairable. At request of Fire
Department, a manufacturer's representative shall demonstrate the ability of the coupling and binding
assembly to be retained on the hose at NFPA Service Test Pressure with bolts removed,
3-112" Hose - available with Expansion Ring Threads
6" Hose - available with Storz CAS and Expansion Ring Threads
, VI. ABRASION RESISTANCE: Hose must be warranted against abrasion during normal fire ground use.
VII. OZONE RESISTANCE: Hose shall show no visible signs of cracking of lining and cover when tested in
accordance to ASTM 01149-64 (R1970), ASTM 05 18 Procedure 8, 100 pphm/1220F/70 hours,
VIII. HEAT RESISTANCE: Hose cover shall not support combustion, Hose shall withstand 12000F for a period
of two minutes without damage to fabric.
IX. COLD RESISTANCE: Hose shall have the capability of use down to -350F, Hose shall have no apparent
damage to cover, jacket or lining when subjected to the following cold bending test: A 50 foot length of dry
hose is to be firmly coiled and placed in a cold box at -350 for a duration of 24 hours. Immediately after
.' ~ 407 243 3829 DELRAY FIRE EXT 01/31/92 15:03 POI
DElRAY FIRE EXTINGUISHER SERVICE, INC.
400 Gulfstream Blvd.
Delray Beach, Florida 33444
Defray: (407) 278-1094 · W.P.B.: (407) 737-0030
Fax: (407) 243-3829
C / 1? 0/ b t'L;Z~ t5 t7k--r
C/o (' t( I bf" CJ I b (fl.sg./ .
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. MUNICIPAL EQUIPMENT CO~PAN"( -.,.,." ,-'---'" -,,--
.............-.. ...--....-
1124 South Woods Avenue 4371
ORLANDO. FLORIDA 32805
PLEASE INDICATE T1-lE ABOVE NUMBtR WHEN ORDERING
TO
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QUOTATl _ SUB CT TO TME CON01T10NS PRINTED ON REvERSE SID!:. AND IS vALID FOR _ DAYS, THEREAFTER If IS SUBJECT TO CHANGE WlT!-IOUT NOTICE.
BY ,~ ACCEP1'ED _ . DATE
SIGN AND RETURN YELLOW ACCEPTANCE COPY WHEN ORDERING. ~cy6th !
'.
,.
. . S-o
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
~"JI
FROM: CITY MANAGERC~)j!
SUBJECT: AGENDA ITEM # 9' A - MEETING OF FEBRUARY 11. 1992
REPORT OF APPEALABLE LAND USE ITEMS
DATE: February 7, 1992
This item is before you for acceptance of the report of decisions
made by the various development related boards during the period
January 20, 1992 through February 7, 1992. The following actions
were considered during this reporting period:
Planning and Zoning Board did not consider any reportable items
during this period.
Site Plan Review and Appearance Board:
-Approved the architectural elevations (exterior color
change) at 60 Minute Auto Tint, Inc.
-Approved the architectural elevations (exterior color
change) at Lake Ida Plaza.
-Approved the architectural elevations (exterior color
change) at Ralph Buick Dealership.
-Approved architectural elevations (color change and
addition of fountain) Arcade Tap Room.
-Approved a minor site plan modification and architectural
elevation plans for the Temple Sinai building addition.
-Approved landscape plans for an office trailer addition at
the South County Administrative Complex.
-Approved architectural elevations (illuminated awning) at
Tom Jr. 's Rib Haven.
-Approved a minor site plan modification, architectural
elevation and landscape plans associated with a 675 square
foot building expansion for Piper's Alley Restaurant.
-Approved a minor site plan modification, architectural
elevations and landscape plans for building footprint
changes at the Delray Crossings Shopping Center.
-Approved architectural elevations for an office trailer at
the South County Administrative Complex.
-Approved final landscape plans for the Temple Sinai
building expansion.
Historic Preservation Board did not consider any reportable
items during this period.
A detailed staff report is attached as backup material for this item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: G:J~i::::NAGER
THRU: -. A J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
fao~'~ ~
FROM: IJASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF FEBRUARY II, 1992
REPORT OF APPEALABLE LAND USE ITEMS
JANUARY 20, 1992 THRU FEBRUARY 7, 1992
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 January 20, 1992, through
February 7, 1992.
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
Report of Appealable Land Use Items
January 20, 1992 thru February 7, 1992
Page 2
PLANNING AND ZONING BOARD MEETING OF JANUARY 27, 1992
No appealable items were considered by the Planning and Zoning
Board. The following is a list of agenda items considered by the
Board.
* Accepted public testimony regarding Community Input
Relative to Capital Improvement (Infrastructure) Needs.
* Recommended approval on the conditional use request for a
Bingo Establishment to be located in the Points West Plaza,
south of Atlantic Avenue, west of Military Trail.
* Accepted public testimony and provided comments on the
concept plan for Apartment Facilities in conjunction with
Emmanuel Catholic Church.
* Accepted the Annual Report Required by Part V.B of the
Comprehensive Plan Dealing with Land Use Objectives and
Policies Listed in the Comprehensive Plan; and Report of
Actions taken with Respect to Last Year's Citizen's Input
Hearing.
SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF
JANUARY 22, 1992:
1. Approved the architectural elevations (exterior color
change) at 60 Minute Auto Tint, I nc . , located on the wes t
side of NE 5th Avenue, south of NE 3rd Street (Vote 7 to
0) .
2. Approved the architectural elevations (exterior color
change) at Lake Ida Plaza, located at the southwest corner
of Lake Ida Road and Congress Avenue (Vote 7 to 0).
3. Approved the architectural elevations (exterior color
change) at Ralph Buick Dealership, located on the east side
of Federal Highway, north of Avenue "F" (Vote 7 to 0).
4 . Approved the architectural elevations (color change and
addition of fountain) at the Arcade Tap Room, located on
the north side of East Atlantic Avenue, between NE4th and
5th Avenues (Vote 7 to 0).
5. Approved a minor site plan modification, and architectural
elevations plans associated with a 16,588 sq. ft. building
addition at Temple Sinai, located on the north side of West
Atlantic Avenue, between NW 24th Avenue and High Point
Boulevard. While the Board unanimously approved the site
plan, approval of the architectural elevation was on a 6 to
1 vote with Sowards dissenting).
.
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City Commission Documentation
Report of Appealable Land Use Items
January 20, 1992 thru February 7, 1992
Page 3
6 . Approved the landscape plans in conjunction with a office
trailer addition at the South County Administrative
Complex, located on the east side of Congress Avenue, south
of Atlantic Avenue (Vote 7 to 0) . The site plan was
approved as a non-impacting modification.
No other appealable items. However, other agenda items which
required Board action include:
* Approved business signs for 60 Minute Auto Tint, I nc . ,
located at west side of NE 5th Avenue, south of 3rd Street.
SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF
FEBRUARY 5, 1992:
7. Approved architectural elevations (illuminated awning) at
Tom's Jr's Rib Haven, located at the northeast corner of
Congress Avenue and Linton Boulevard (Vote 4 to 0).
8. Approved a minor site plan modification, architectural
elevation and landscape plans associated with a 675 sq. ft.
building expansion for Piper's Alley Restaurant (old Clock
Restaurant), located at the southwest corner of SE 5th
Avenue and SE 8th Street (Vote 5 to 0).
9 . Approved a minor site plan modification, architectural
elevations and landcspe plans associated with building
footprint changes for Delray Crossings Shopping Center,
located at the southeast corner of Linton Boulevard and
Waterford Place (Vote 4 to 0).
10. Approved architectural elevations in conjunction with an
office trailer at the South County Administrative Complex,
located on the east side of Congress Avenue, south of
Atlantic Avenue (Vote 5 to 0).
11. Approved final landscape plans associated with building
expansion of Temple Sinai, located on the north side of
West Atlantic Avenue, between NW 24th Avenue and High Point
Boulevard (Vote 5 to 0) . Both the site plan and
architectural elevation plans were previously approved by
the Board.
No other appealable items. However, other agenda items which
were considered by the Board include:
* Approved business signs for Toms Jr's Rib Haven, located at
the northeast corner of Linton Boulevard and Congress
Avenue.
'.
"
City Commission Documentation
Report of Appealable Land Use Items
January 20, 1992 thru February 7, 1992
Page 4
HISTORIC PRESERVATION BOARD (HPB) MEETING OF FEBRUARY 5, 1992
No appealable items were considered by the Board. However, other
agenda items which were considered include:
* Granted a Certificate of Appropriateness exterior
architectural changes for a single family residence at 30
Lake Court.
* Consideration of a "Preservation Recognition Sign Program".
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Map
JA/#64/CCDOC.TXT
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LOCA TION MAP FOR
CITY COMMISSION MEETING
OF' FEBRUARY 11 . 1992
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S.P.R.A.B. ITEMS:
1. - 60 MINUTE AUTO TINT
2. - LAKE IDA PLAZA
N 3. - RALPH BUICK
4. - ARCADE TAP ROOM
- 5. - TEMPLE SINAI
6. - SOUTH COUNTY .
CITY OF DELRA Y BEACH, FLORIDA GOVERNMENT COMPLEX
7. - TOM JR. 'S RIB HAVEN
PLANNING DEPARTMENT 8. - PIPER'S ALLEY
9. - DELRAY CROSSINGS
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,-
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # '6 - MEETING OF FEBRUARY 11. 1992
ORDINANCE NO. 88-91
DATE: February 7, 1992
The second reading and public hearing was held on this item at the
December 10, 1991 regular commission meeting. At that time final
action was deferred pending the replat of the property in question.
This ordinance rezones Lots 23-28, Block 5, Southridge Subdivision
from R-1A (Single Family Residential) to RM (Multiple Family
Residential - Medium Density) zone district.
The subject property consists of six single family lots which are 50
feet wide and vary in depth from 100 to 116 feet. Three lots front
on Douglass Avenue and the other three front on S.W. 8th Avenue. If
the rezoning application is approved, the applicant is proposing to
abandon that portion of S.W. 8th Avenue between this property and the
Groves development, and then combine the property for an expansion of
the Groves.
The petition that was submitted involves the rezoning of a portion of
the Southridge Subdivision to a multi-family designation with no
regard to its final build out.
The Planning and Zoning Board at their November 18th meeting held a
public hearing on this item. Both the public and the Board expressed
concerns with regard to the access of the multi-family units through
the Woods of Southridge and the ultimate development potential of the
site with no guarantees.
The Board then recommended approval of the rezoning request by a 3-2
vote (Purdo/Naron dissenting), with the condition that the plat and
access easement be in place prior to the Commission taking action on
the second reading of the ordinance. Subsequently, the applicant
has replatted his property into a single parcel in order to
mitigate concerns with regard to access from a single family
development into a multiple family development. The plat has been
submitted and is located elsewhere on your agenda for approval.
Recommend approval of Ordinance No. 88-91.
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ORDINANCE NO. 88-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT
IN RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY)
DISTRICT; SAID LAND BEING LOTS 23-28, BLOCK 5,
SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING
DISTRICT MAP, DEL RAY BEACH, FLORIDA, 1990"; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
f
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the RM
(Multiple Family Residential - Medium Density) District, as defined in
Chapter Four of the Land Development Regulations of Delray Beach, Flori-
da, to-wit:
Lots 23-28, Block 5, Southridge, according to the Plat
thereof recorded in Plat Book 13, Pages 38 and 39 of
the Public Records of Palm Beach County, Florida.
The above described parcel contains a 0.83 acre parcel
of land, more or less.
The sUbject property is located on the northeast
corner of S.W. 8th Avenue and Douglass Avenue, Delray
Beach, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective inune-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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LINTON BOULEVARD
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REZONING FRGr-t R-IA TO RH
SOUTHRIDGE BLOCK
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C I T Y COM MIS S ION DOCUMENTATION
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TO: DAVID T. HARDEN, CITY MANAGER
FROM: JANET MEEKS, PLANNER II
THRU: ~~OVACS' DIRECTOR
DE A ~ANNING AND ZONING
SUBJECT: M~ETING OF NOVEMBER 26, 1991
ORDINANCE 88-91, REZONING OF R-1A (SINGLE FAMILY
RESIDENTIAL) TO RM (MULTI-FAMILY) FOR LOTS 23-28, WOODS OF
SOUTHRIDGE SUBDIVISION.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval
on first reading of Ordinance 88-91.
The property involved is Lots 23-28, Woods of Southridge
Subdivision. The rezoning is from R-1A (Single Family
Residential) to RM (Multi-Family).
The subject property is situated between S. W. 8th Avenue
(unimproved) and Douglas Avenue. The site contains
approximately .83 of an acre.
BACKGROUND:
The subject property consist of six single family lots. The property
was recently purchased by Haggerty Associates who are the developers
of the "Groves of Delray". It is declared by the applicant that upon
consummation of this rezoning, he will seek abandonment of that portion
of S.W. 8th Avenue between this property and the Groves, and then
combine the property for an expansion of the Groves.
The petition which was submitted involved the rezoning of'a portion of
of the Southridge subdivision to a multi-family designation with no
guarantees in regard to its final build out.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 18th, the Planning and Zoning Board reviewed
this item before a public hearing. Concerns of both the public and
the Planning and Zoning Board where the access of the multi-family
units through the Woods of Southridge and the ultimate development
potential of the site with no guarantees.
,.
City Commission Documentation
Ordinance 88-91, Rezoning of R-1A (Single Family Residential) to
RM (Multi-Family) for Lots 23-28, Woods of Southridge Subdivision
Page 2
In order to mitigate the above situation, the applicant agreed to a
compromise position put forth in the staff report to ammended his
petition to replat the property aggregating the property into a single
parcel and the provision of a non-access easement along Douglas
Avenue. (See attached staff report for additional information)
The Board recommended approval of the rezoning request on a 3-2 vote
(Purdo and Naron dissenting), with the condition that the plat and
access easement be in place prior to the City Commission taking action
on the second reading to consummate the rezoning.
RECOMMEND ACTION:
By motion, approval of Ordinance 88-91 on first reading with the
condition that the plat and access easement be in place prior to the
second reading.
Attachment:
* P&Z Staff Report
jcm/#9:hagerty
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November 18, 1991
To: David Kovacs,
Director of Planning and Zoning,
,City of Delray Beach, Florida.
From: Brian Haggerty.
Re: Rezoning of Lots 23-28 inclusive, Block 5,
Southridge Subdivision, from R-IA to RM.
We have read the staff report and agree with their
position, and request that we move forward with
approval for this rezoning by our agreeing to abide
by the following conditions:
Change petition to agree to plat property
aggregating all lots, and by providing a
non-access easement along Douglas Avenue.
Further, we want to reiterate that it is our inten-
tion to incorporate these lots into The Groves of
Delray development plan.
Thank you.
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PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
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MEETING DATE: November 18. 1991
AGENDA ITEM: IlLS. -
ITEM: Rezonin~ from R-1A to RM. Lots 23-28, Woods of Southridge Subdivision. Property
is to be combined with "The Groves".
..- -- .... I - L-__Jf I"L.-.JI ,-
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GENERAL DATA:
Owner........... ..............Brian Haggerty
Agent.........................Haggerty Associates
Location......................On the northeast corner of S.W. 8th
Avenue and Douglas Avenue.
Property Size.................O.83 Acres
City Land Use Plan............Redevelopment Area .3
City Zoning...................R-IA (Single Family Residential)
Proposed Zoning...............~~ (Multi-Family Residential)
Adjacent Zo~ing...............Uorth: R-IA
East: R-IA
South: R-IA
West: RM
Existing Land Use.............Vacant
Proposed Land Use.............Subject property 15 to be
incorporated into a multi-family
project to the west.
Water Service.................Exlsting 6" water main along
Douglas Avenue.
Sewer Servlce.................Existing 8" sanitary sewer line
along Douglas Avenue. IlLB
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I T E M B E FOR E THE BOA R 0:
The item before -the Board is that of making a recommendation. on a
proposed Rezoning from R-IA (Single Family Residential) to RM
(Multiple Family Residential) for Lots 23-28 inclusive, Block 5 of
southridge Subdivision.
The subject property is located north of Linton Boulevard, within the
single family subdivision of Woods of Southridge and situated between
S.W. 8th Avenue (unimproved) and Douglas Avenue. The site contains
approximately .83 of an acre.
SAC K G R 0 UNO:
The subject property consist of six single family lots. The lots were
platted on September 16, 1925 as part of the Southridge Subdivision.
While there is no specific development history on these parcels, it
is important to note existing conditions and the relationship of this
rezoning to the proposed "Groves of Delray" project.
The property is vacant. Three lots front on Douglas where a fence has
been erected by the Woods of Southridge Association; thus, blocking
access. Three lots front on S.W. 8th Avenue which is unimproved.
S.W. 8th Avenue is also fenced off within the Woods of Southridge.
During annexation hearings associated with "The Groves", there was a
clear expression that there would be no access to The Groves via S.W.
8th Avenue.
This property was recently (August 29, 1991) purchased by Haggerty
Associates who has a linkage to the Groves of Delray residential
project which is currently in site plan review before SPRAB.
As The Groves of Delray is being processed as a senior citizen
development with tax credit financing, this rezoning action is also
tied to the item of affordable housing.
Putting all these items together, the request becomes a bit more
complicated than that one would find in a straight rezoning
consideration.
PROJECT DES C RIP T ION:
The request is to rezone six R-IA lots to six RM lots. The Lots are
50' wide with varying depths of 100'-116'. It is declared by the
applicant that upon consummation of this rezoning, he will seek
abandonment of that portion of s.w. 8th Avenue between this property
and The Groves, and then combine the property for an expansion of The
Groves. All access to The Groves will be from other than through the
Woods of Southridge.
"I
P&Z Staff Report
Woods of southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM
Page 2
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PRO J E C T A N A L Y S I S:
REQUIRED FINDINGS:
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may be
achieved through information on the application, the staff report
or minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These
findings relate to the following four areas.
( 1 ) Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent with
the land use designation.
The property is designated as Redevelopment Area 12 on the Future Land
Use Map. Pursuant to the Land Use Element:
This designation is applied to those areas which have beer
identified in the Land Use Element as being in need ot
redevelopment. Development shall occur pursuant to a specific
"redevelopment plan" which is to be prepared pursuant to
Objective C-2 of the Land Use Element. If a development proposal
is presented to the City Prior to the creation and adoption of a
redevelopment plan, that proposal shall be handled in one of the
following ways:
a. The application shall be placed on hold for not more than
six months while the redevelopment plan is prepared;
b. the application shall be processed on a case-by-case basis
with the existing Zoning Map, the Land Use Element, and
Housing Element providing the Local Planning Agency with the
policy guidance needed to properly dispose of the
application.
It is appropriate to consider this application on a case specific
basis due to its limited nature (small scale) and acknowledging that
the Redevelopment Plan for Area 12 is not scheduled until FY 93/94
(Ref: LUE Policy C-2.8). With respect to the "policy guidance"
items, the following is provided.
,The existing zoning is R-I-A as is adjacent zoning to the east, north,
'and south. To the west Is RM (The Groves) . It is clear that t'
current zoning patter reflects existing conditions ( i . e. platted loc
are R-I-A, unplatted parcels are RM). If the property were (as is
proposed) legally tied to The Groves, consistency would be presumed.
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P&Z Staff Report
Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM
Page 3
The Land Use Element, through Policy C-2.8, states that residential
use is most appropriate for this portion of Redevelopment Area *2.
There is no distinction between the type of housing.
The Housing Element, specifically through Objective B-2, sets forth
policies and programs for redevelopment of substandard neighborhoods
and the provision of infill housing. The Element also addresses
meeting unmet housing needs of special populations.
The property, since it is a part of the Woods of Southridge, is
designated in the "stabilization" category; while, the vacant property
to the west is "redevelopment"; to the north the designation is
"revitalization/rehabilitation".
Please refer to the later discussion under Consistency for more
discussion regarding other plan policies. By combining this property
(as is proposed) with the Groves it is seems that objectives of the
Housing Element will be promoted. However, without such a linkage the
rezoning would create an opportunity for inappropriate infill.
(2) Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element must be met and a determination made that the
public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and
provide, or to require the provision of, needed capital improvements.
In that this is nondevelopment specific rezoning consideration only a
broad approach to concurrency needs to be taken at this time. The
purpose of this broader look is to insure that problem areas are
identified or to determine if the increased development potential
(per "upzoning") would create service provision problems. Each
service is br~efly addressed. Also, a comparison is made with respect
to the existing development potential of six single family detached
units.
Water: A 6" water main runs along the south side of Douglas Avenue.
While service can be extended into the site from that main, it is
inappropriate to do so if the property is united with The Groves.
However a connection may be required to enhance overall system
reliability and functionally. Also, while a fire hydrant is located
100' south of the subject property it would not be accessible to The
Groves. Thus, additional fire suppression will be required.
Sewer: Similarly the 8" sewer main which exists in Douglas Avenue and
which ends at a manhole adjacent to Lot 24 is not appropriate for use
for the multiple family use.
Drainage: All drainage will need to be accommodated on site. No
problems are anticipated in accommodating drainage.
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P&Z Staff Report
. Woods of Southridge, Lots 23-28, Block 5 - Re=oning from R-1A to RM
Page 4
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Streets and Traffic: Pursuant to Palm Beach County Traffic
Performance Ordinance 190-40, residential developments east of I-95
are exempt from its provisions with the exception of provision of
traffic generation information.
A traffic statement has been provided. A total of 60 trips per day
are already vested for the single family residential lots. If 14
multi family units are constructed (as is proposed), 98 trips per day
would be generated. This would leave a balance of 38 additional trips
which would .impact the roadway system.
All of the above trips would not impact the Woods of Southridge since
they will be directed through The Groves project.
Parks: OS standards in terms of park area are accommodated in this
portion of the community. Pursuant to Section 2.4.3(K) (4) (a), an
in-lieu Park Dedication Fee of $500.00 will be assessed for each
residential unit. This fee will be directed to providing facilities
(park components) for the new residents.
Solid Waste: With the proposal to link this land with The Groves ana
considering the proposed nature of The Groves (senior citizen
hous ing) , there will be less solid waste generation than would be
found if individual lot (single family detached) development occurred.
Because of the small scale of the project itself, there will be
minimal impact regarding solid waste.
( 3 ) Consistency: Compliance with the performance standards set forth
in Section 3.3.2, along with the required findings in Section 2.4.5,
shall be the basis upon which a finding of overall consistency is to
be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in making of a finding of overall
consistency. The applicable performance standards of Section 3.3.2
and other polic"ies which apply are as follows:
Section 3.3.2 - Standards for Rezoning Actions:
A) Performance Standard 3.J.2(A) states that a rezoning. to other than
CF within stable residential areas shall be denied.
* This standard does not apply.
B) Performance Standard 3.3.2(8) states: Affordable housing for
moderate and middle income families, particularly first time home
buyers, may be achieved through increases in density when it can
be ,demonstrated that the increase will result in a more
affordable product provided that other policies of the Housing
Element are maintained.
.
P&Z Staff Report
Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM
Page 5
* While affordable housing is tied to this rezoning
application, the targeted population is limited to persons
over 55 as opposed to first time home buyers. The density
increase being sought is directed more to the housing type
(apartments) as opposed to just increasing unit count. The
application is not inconsistent with this standard.
C) Performance Standard 3.3.2(C) pertains to strip commercial use.
* It does not apply.
D) Performance Standard 3.3.2(0) states: That the rezone shall
result in allowing land uses which are deemed compatible with adjacent
and nearby land use both existing and proposed or that if an
incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
* As the petition stands today, it is inappropriate to rezone
a portion of a predominately single family subdivision to
multi-family with no guarantees in regard to its final build
out. Once rezoned, the property would consist of 6
individual multi-family lots taking access through a single
family residential neighborhood. (Please refer to the
discussion of use of lots of record in the LOR compliance
section of this report.)
* The above situation should be mitigated. One method in
which this could be accomplished would be to consider a
revised petitions which aggregates the property into a
single parcel and which restricts access from the parcel
onto streets within The Woods of Southridge (restricting
access only to the north or west).
Other aspects of the Comprehensive Plan: The following relates to the
other aspects of the Comprehensive Plan which have some bearing upon
this application. Only land use related items are addressed. Those
policies which pertain to the affordable housing aspect of the request
(as it relates to The Groves of Delray) are more appropriately
addressed when considering that site plan application which is under
review for consideration by SPRAB.
Policy C-2.4, Development of remaining vacant properties which are
zoned for residential purposes shall be developed in a manner which is
consistent with adjacent development regardless of zoning
designations. These policies shall be implemented through the review
process associated with platting and site plans and shall be effective
'immediately.
.
P&Z Staff Report
. Woods of southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM
Page 6
-
. As identified. earlier, as long as the property is associated with
The Groves without access through the Woods of Southridge this
policy is not diminished. Already there exists a boundary
between multiple family and single family housing, the issue (if
there is one) is essentially where that boundary should be.."
Policy C-4.2, If it is determined that the City should provide
additional low to moderate income units through additional housing
projects, target areas shall be identified and reflected on the Land
Use Map through a formal plan amendment. However, such locations
shall not occur within areas currently designated as "rehabilitation"
or "stabilization" and revitalization" areas.
. As identified earlier, this site is classified as
"stabilization" ; the purpose of the rezoning is to provide
housing for a targeted area. However, if this property were
linked exclusively to the property to the west, the boundaries of
the residential classification map would be adjusted accordingly.
pOlicy C-4.4, until such time as the plan amendment of Policy C-4.2 is
adopted, the City shall not engage or entertain programs f('
additional low-moderate income housing, especially with~
"Rehabilitation and Stabilization and Revitalization" areas except as
provided for under Goal Areas "A" an "B".
. See the above response.
Note: Goal Areas "A" and "B" would involve activities
undertaken in programs of neighborhood stabilization and
pursuant to redevelopment strategies.
( 4 ) LOR Compliance: Whenever an item (finding) is identified in the
LDRs it shall. specifically be addressed by the body taking final
action on. a land development application/request. Such items are
found in Section 2.4.5, and special regulations found within
individual zoning districts.
Pursuant to Section 2.4.5(0)(1), a justification statement providing
the reason for which a change in zoning is being sought must accompany
the request. The' code further identifies certain valid reasons for
approving the change being sought. These reasons include the
following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which makes the
current zoning inappropriate;
P&Z Staff Report
Woods of southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM
Page 7
* That the-requested zoning is of similar intensity as allowed
under the Future Land Use Map and that it is more
appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The applicant submitted a justification statement which states the
following reasons for the change being sought:.
"This change is compatible to the Future Land Use Map, in that
this property isn't only within a redevelopment area of the City,
but also adjacent to existing RM property. Further, this RM
zoning will be necessary in the future to encourage redevelopment
of adjacent properties to the north that is presently a blighted
area."
The applicant apparently has chosen the last of the above for a valid
reason to rezone the property. Since there is no underlying
designation for redevelopment areas on the Future Land Use Map, the
Planning and zoning Board will need to determine whether or not the
requested zoning is of similar intensity. To assist in that decision,
it may be more appropriate to consider the factor dealing with a
change in circumstance. That change in circumstance would be the
legal combination of this property with the RM property to the west
and appropriate restrictions on access.
Other Considerations:
The existing lots are lots of record. However, they do not meet the
minimum lot area or the minimum lot width for the R-lA zoning district
or the RM zone district. Accordingly, pursuant to Section 4.1.4, Use
of Lots of Record:
Any lot, or parcel, of record which qualifies as a lot of record
as set forth in these Regulations, but which does not comply with
respect to minimum lot area and minimum lot dimensions specified
for the zoning district in which it is located, may nevertheless
be used (for purposes as allowed in that zoning district), as
long as it complies with all other requirements for that zoning
district, with the following exceptions.
(A) Duplex and multiple family structures may not be constructed
on a lot which has an area of less than that provided for as
minimum lot area within the zoning district.
While this section seems to preclude any multi-family development on
the subject property as submitted (i.e. without a tie to The Groves),
the aggregation of two or more lots would provide for compliance and
the ability to construct duplexes or multi-family structures.
"
P&Z Staff Report
. Woods of southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM
Page 8
-
R E-V I E W 8 Y o THE R 5:
The development proposal is not in a geographic areas requiring review
by either the HPB (Historic Preservation Board) , DCA (Downtown
Development Authority), or the CRA (Community Redevelopment Agency).
Notice has been provided to owners of property within 500 feet of the
site and a Special Notice has been provided to the Woods of Southridge
Association. No written responses have been received. Some phone
calls have. been accommodated.
ASS E SSM E N T AND CON C L U S ION S:
The key to accommodating this requested rezoning rests with being able
to demonstrate a change in circumstance -- specifically, that the
property under consideration is no longer a part of the Woods of
Southridge but is a part of The Groves.
Without such, the rezoning would be inappropriate due to:
* it putting RM zoning in a stabilization area which is zonel,.l
R-I-Ai
* access for the multiple family units would travel through a
single family neighborhood;
* a potential is created for the "forced" opening up of S.W.
8th Avenue as an access to the property (and hence, into the
Woods of Southridge).
While an intention to accommodate the property with The Groves is
stated, the petition at hand involves the rezoning of individual lots
which are a part of Southridge Subdivision.
Given the above assessment, it appears most prudent to recorrunend
denial of the petition as it stands with a comment that if the
petition were modified (as discussed in this report), it would be
appropriate to p~oceed with the rezoning to RM.
A L T ERN A T I V E C 0 U R 5 E 5 o F ACT ION:
1. Forward the petition with a recommendation of denial based u p-.O n
not being able to make necessary findings.
2. Continue with direction.
.
P&Z Staff Report
Woods of southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM
Page 9
-
3. Forward the . petition with a recommendation of approval
conditioned upon modifications to the petition. This action
should b~ taken only if an offer of modification is put forth by
the applicant.
R E COM MEN D E D COURSE O.F ACT ION:
By motion, recommend denial of the rezoning petition based upon a
determination that, as submitted, the granting of the rezoning would
result in:
1. a potential use of land which is inconsistent with the
Future Land Use Map and its governing policies;
2. incompatibility created by the routing of traffic from a
multi-family development through an established residential
neighborhood; and,
3. the application of a zone district designation upon
individual properties which do not meet the minimum
development standards for that district.
Attachments:
* location map showing relationship to The Groves
* schematic showing how the property may be developed as a part of
The Groves
DJK/#87/HAGERTY.
"
"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,:.AI
FROM: CITY MANAGER! r/
SUBJECT: AGENDA ITEM i 9c - MEETING OF FEBRUARY 11. 1992
REOUEST FOR CONDITIONAL USE APPROVAL/POINTS WEST BINGO
DATE: February 71 1992
We have received a request to establish a bingo operation in the
Points West Shopping Plaza located on the south side of Atlantic
Avenue just west of Military Trail.
The Florida Veterans Memorial Building Fund Inc. is seeking to
reestablish a bingo operation in Bays 7-13 (8/250 square feet) of the
Points West Shopping Center. The proposed hours of operation are 12
noon to 11:00 p.m. 1 six days a week. The total occupancy is
anticipated to be 140 persons in the afternoon and 180-250 persons in
the evening.
The applicants previously operated a bingo hall in the same bays from
April 1987 through June 1990 under the County. This property was
annexed into the City in April 1991.
The Planning and Zoning Board at their January 27th meeting reviewed
this request. Concerns over traffic1 as well as compatibility with
residential units to the rear of the center were voiced. The Board
recommended approval by a 5-1 votel subject to conditions. A
detailed staff report is attached as backup material for this item.
Recommend approval of the request to establish a bingo operation in
the Points West Shopping Plaza located on the south side of Atlantic
Avenue just west of Military Traill subject to conditions as
recommended by the Planning and Zoning Boardl including limiting the
hours of operation to 6:30 p.m. until 11:00 p.m.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN,~\TY MANA~
~~ ~~~~
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: ~A~ DORLING, PLANNER II
~l 11~~e ~
SUBJECT: MEETING OF F B ARY 11, 1992
POINTS WEST GO CONDITIONAL USE APPROVAL
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use request to establish a Bingo
operation in the Points West Shopping Plaza.
The project is on the south side of Atlantic Avenue just
west of Military Trail.
BACKGROUND:
The Florida Veterans Memorial Building Fund Inc. is seeking to
reestablish a Bingo operation in Bays 7-13 (8,250 sq.ft.) of the
Points West Shopping Center. The hours of operation are 12: 00
noon to 11: 00 pm, six days a week. The total occupancy is
anticipated to be 140 persons in the afternoon and 180-250
persons in the evening.
The applicants operated a Bingo hall in the same bays from April,
1987 - June, 1990 while the property was in the County. In
April, 1991 the property was annexed into the City. Please refer
to the Planning and Zoning staff report for more background and
the project analysis.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at it's
meeting of January 27, 1992. Concerns over traffic as well as
compatibili ty with residential units to the rear of the center
were voiced by nearby residents.
;It
.
City Commission Documentation
Points West Bingo Conditional Use Approval
Page 2
The Planning and Zoning Board recommended approval of the request
on a 5-1 vote (Naron dissenting) subject to the following:
A. Limitation on the hours of operation from 6: 30 pm to 11:00
pm.
B. Limitation on days of operation to six days a week.
C. Provision of traffic control personnel at the West Atlantic
Avenue entry for each Bingo session.
D. Submittal of an administrative relief request to double count
parking spaces based on a commitment to rent or lease the
balance of the site to uses with differing hours of
operation (Le. 8:00 am to 5:00 pm).
E. Installation of signage to prohibit parking to the south of
the center as well as signage routing westbound traffic
behind Sun Bank to an existing traffic signal.
F. Subject to verification of the proposed ingress/egress
easement behind Sun Bank.
RECOMMENDED ACTION:
Approval of the Conditional Use request to establish a Bingo
operation in the Points West Shopping Center subject to the
findings and conditions made by the Planning and Zoning Board.
Attachment:
* Aerial of Shopping Plaza
* Staff Report Cover Sheet
* Copy of Site Plan
PD/#43/CCBINGO.DOC
'f
PLANNING & ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
. -...... ---
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ATLANTIC AVENUE (S.R. 806)
GULF
SUN BANK 8,K. STA nON AUOCO
BANK Ofg 0 0
LUBE: ...J
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PINES PLAZA ~ DELRAY
Yt€ST
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GENERAL DATA:
Owner..... ....................Resolution Trust Corporation,
as receiver for Florida Federal
Savings, SFB
Agent. . . . . . . . . . . . . . . . . . . . . . . . . Louis S. Goldstein
Location.... ..................On the south side of Atlantic
Avenue, between Markland Lane and
Military Trail.
Property Size.................4.12 Acres
City Land Use Plan............General Commercial
City Zoning...................PC (Planned Commercial)
Adjacent Zoning...............North: County Zoning
East: PC
South: County Zoning
West: POC (Planned Office Center)
& County Zoning
Existing Land Use.............Vacant Shopping Center
Proposed Land Use.............Bingo Hall
Water Service.................Existing on site.
Sewer Service.................Existing on site.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERM
SUBJECT: AGENDA ITEM i 9-1.) - MEETING OF FEBRUARY 11. 1992
DETERMINATION OF APPROPRIATENESS OF BOARDWALKS AT NATURE
PRESERVE
DATE: February 71 1992
We have received a request from Mr. Swaim requesting that the
Commission make a formal determination with regard to the
installation of boardwalks on the FIND parcel.
At their October 211 1991 meeting the Planning and Zoning Board
reviewed this item as a part of overall concept plan consideration.
While no official action was taken, the subject of the boardwalk was
discussed and did not receive support. EssentiallYI Mr. Swaim
indicated that the boardwalk was to be a requirement of FINDj and,
that he did not necessarily want to provide it.
At that time members of the public expressed substantial concern and
opposition to the construction of a boardwalk on the FIND parcel.
This opposition appeared to focus on concerns over unrestricted
access to this sensitive area which might result in vandalism and
degrade neighborhood security. A letter from the Beach Property
Owner's Association is attached as backup material for this item.
In addition to the desirability issuel the Board also raised the
matter of on-going maintenance of the area.
Staff recommends that the Commission determine that, at this time,
boardwalks and public access to the FIND conservation parcel on
Andrews Avenue is not a desired feature.
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C I T Y C ,0 M MIS S ION DOC U MEN TAT ION
-
TO: D VID T. HARDEN, CITY MANAGER
\~~
FROM: ~D J. VACS, ~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY II, 1992
REQUEST FROM SWAIM RE: FORMAL DETERMINATION AS TO
HAVING BOARDWALKS CONSTRUCTED ON THE ANDREWS AVENUE
FIND SITE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
making a formal determination relating to the installation
of boardwalks on the FIND mitigation site as a part of The
Anchorage development proposal.
This action is requested by William Swaim. Please see his
request letter of January 23, 1992, which is attached.
The FIND mitigation site is located on the east side of the
Intracoastal, on the west side of Andrews Avenue, and south
of George Bush Boulevard (N.E. 8th Street).
BACKGROUND:
Attached is the following correspondence:
October 23, 1991, letter from Mr. Swaim asking that City
comments on the installation of boardwalks on the FIND property
be sent to the Corps of Engineers.
January 13, 1992, letter from the City to the Corps setting
forth concerns with the boardwalk proposal.
January 22, 1992, letter from Mr. Swaim stating confusion
relative to the City position and requesting a formal
determination.
January 27, 1992, letter from Mr. Harden to Mr. Swaim confirming
the previous staff letter and placing Swaim's request before the
City Commission.
. January 31, 1992, letter from B.P.O.A. confirming and restating
its previous position of opposition to the boardwalk idea.
"
.
City Commission Documentation
Swaim Request Re Find Site
Page 2
.
-
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of October 21, 1991, as a part of an overall concept
plan consideration. While no official action was taken, the
subject of the boardwalk was discussed and did not receive
support. Essentially, Mr. Swaim indicated that the boardwalk
was to be a requirement of FIND; and, that he did not necessary
want to provide it.
In addition to the desirability issue, the Board also raised
the matter of on-going maintenance of the area and what
responsibilities would rest with the property owner, The
Anchorage, and the City.
RECOMMENDED ACTION:
By motion, determine that, at this time, boardwalks and public
access to the FIND conservation parcel on Andrews Avenue is not
a desired feature.
Attachments:
* Six Letters as Identified in the Above Documentation
DJK/CCSWAIM.DOC
-.-
'.
.
WllliAM SWAIM & ASSOCIATES
,
INCORPORATED
INVESTMENT BUILDERS DEVELOPERS
October 23, 1991
-
- Mr. David J. Kovacs
Director of Planning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Property: "The Anchorage"
Delray Beach, Florida
Subject: FIND Mitigation Area Boardwalk
Dear Mr. Kovacs:
In a telephone conversation with the Army Corps yester-
day regarding the FIND site, the COE is requesting a letter
from the City relating the opinions of the Planning and Zon-
ing Board and/or the City with respect to the use of the FIND
site as a mitigation area that needs to be cleaned up and en-
hanced. Additionally, they are also requesting an opinion on
the installation of the boardwalk on that site. You might
also mention the Comprehensive Plan's goals and objectives.
The letter should be sent to:
Ms. Holly Hoover
Project Manager
1- Department of the Army
Jacksonville District Corps of Engineers
P.O. Box 4970
Jacksonville, Florida 32232-0019
per.mit t 199004250 (IP-HH)
If you have any questions or need any additional in-
for.mation, please don't hesitate to call @407-395-7289.
jAe ..,..
William B. Swaim
President
5685 PACIFIC BOULEVARD, SUITE 2303
BOCA RATON, FLORIDA 33433
407-395-7289
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[ITY OF OELRAY BEA[H
100 N.W. 1s1 AVENUE . DELRAY BEACH. FLORIDA 33444... .- 407/243.7000
-
January 13, 1992
Ms. Holly Hoover, Project Manager
Jacksonville District
U.S. Army Corps of Engineers
P.O. Box 4970
Jacksonville, Florida 32232-0019
RE: THE ANCHORAGE
PER}iIT t 199004250 (IP-HH)
Dear Ms. Hoover:
This is an update on the city's actions relative to the proposed
project. A Sketch Plan Review Meeting has been held at which
the proposed project was presented by the developer. This was
an informal public meeting with the Planning and Zoning Board at
which no formal decision was made or action taken.
At the meeting, the developer discussed the proposed subdivision
and improvements to off-site parcels, including a City property
adjacent to the south side of the subdivision and a property
owned by F.I.N.D. located on the east side of the Intracoastal
Waterway approximately one quarter mile south of the subdivision.
The developer described boardwalks proposed for the off-site
parcels as being requirements of permitting agencies.
Members of the public expressed substantial concern and
opposition to the construction of a boardwalk on the F.I.N.D.
parcel. This opposition appeared to focus on concerns over
unrestricted access to this sensitive area which might result in
vandalism and degrade neighborhood security. Based on those
comments the Planning and Zoning Board did not encourage the use
of boardwalks on that site at this time. There was also concern
regarding the point of access to the "Conservancy" parcel. The
developer stated that he would locate the access point to the
northern part of the site and provide greater separation between
the walkway and the private property to the south.
We will continue to keep you informed of City actions relative
to this project. Please call me should you have any questions.
Sincerely,
# It/ad--
John Walker, Project Coordinator
c: David Kovacs
JW/#5/Swaim1.DOC
THE EFFORT ALWAYS MATTERS
'.
.
WILLIAM SWATh1 & ASSOCIATES
INCORPORATED
INVESTMENT BUILDERS DEVELOPERS
.- -
- -. -
January 23, 1992
.t( -t (. h' f II 1; .
'. ' J.i..:, j :
Mr. David T. Harden JAN 24 19~ -'
City Manager CI {\. MANAGER'S OFFICE
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Subject: Andrews Avenue Nature Preserve
Dear Mr. Harden:
Enclosed you will. find a copy of a letter from Delray
Beach to the Army Corps regarding the above property. We are
a little confused on what the City's position relating to the
construction of boardwalks on the FIND parcel. We were not
aware when or if the City Commission had set this policy.
Needless to say this letter has caused a little conflict bet-
ween FIND the COE and our firm. We are requesting a formal
determination relating to the installation of the boardwalks
on the FIND site. As you know this project has been dragging
out for some time and we hope you will expedite this request.
Additionally, in the future we would appreciate the City co-
pying us on any correspondence relating to our firm or the
above project to other agencies. If you have any questions or
need any additional information, please don't hesitate to
call @~07-395-7289.
William B. Swaim
President
5685 PACIFIC BOULEVARD, SUITE 2303
BOCA RATON, FLORIDA 33433
407-395-7289
.
[ITY DF DELHIIY BEA[H
100 N.W. 1st AVENUE . OELRAY BEACH, FLORIDA 33444 . 407/243-7000
January 27, 1992
William Swaim & Associates
5685 Pacific Boulevard, Suite 2303
Boca Raton, Florida 33433
Re: Andrews Avenue Nature Preserve
Dear Bill:
I have reviewed your letter of January 23, 1992, and the
attendant material i.e. Your request letter of October 23,
1991, and John Walker's response of January 13, 1992.
It seems clear from the correspondence that Mr. Walker provided
what you requested i. e. "the opinions of the Planning and
Zoning Board and/or the City...". Mr. Walker's reply correctly
set forth the Planning and Zoning Board comments which "did not
encourage the use of boardwalks on that site at this time".
However, as you have requested I shall place your request for a
formal determination relating to the installation of the
boardwalks on the FIND site before the City Commission at its
next meeting of February 11, 1992.
Sincerely,
4J-rrl~
David T. Harden
City Manager
c:
David Kovacs, Director, P&Z
Mark Krall, Chairman, P&Z
City Clerk
DJK/BOARDWK.DOC
THE EFFORT ALWAYS MATTERS
"
BEACH PROPERTY OWNERS' ~~=
ASSOCIATION, INC. """ \
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'-'-, <~\y ),~ \I. P.O, BOX 375
.j;j- 2; ~ DELRAY BEACH, FLORIDA 33444
-
Janua'ry 31, 1992
TO: Mayor, City Commissioners, City Manager, Planning
Director.
RE: Andrews Avenue FIND parcel.
Since october I have had sever- a 1 conversations with Mr.
David Kovacs about the proposed development of the Andrews
Avenue FIND parcel as mitigation for environmental impacts
in the Anchorage project. Mr. Kovacs has advised me that
Mr. Swaim has requested a hearing before the City Commission
to discuss the mitigation. I believe Mr. Swaim claims to
have neighborhood support for building boardwalks in the
FIND parcel. Let me assure you that is not the case.
During the October 21, 1991, Planning and Zoning Board
meeting, I'lr. Swaim presented the Anchorage concept plan and
mitigation proposals. At that meeting I represented our
Association in opposing the boardwalks because they would
(unintentionally) provide access to the backs of neighbor in'.:)
homes, thereby creating a securit/ (i~3 k. I reserved opinion
on proposed environmental improvements until more specific
information was available. In a conversation with Mr. Swaim
in the lobby after the meeting I 3,]a in opposed the
boa r dlrJa 1 ks . At that time he assu'red me that he did not want
the added expense of the boardwalks but was acting on a FIND
suggestion.
I subsequently called FIND Assistant Director, Mr. David
Roach, and followed that conversation with the enclosed
letter. During the last week of December I called the
Executive Director, Mr. Art L..Jilde, for an update on the
project. I assured both men that our association, including
the immediate neighbors whose properties border the FIND
parcel, considers the boardwalks '3 detriment to neighborhood
security but would welcome discussion on the much-needed
environmental improvements. /'1r. Wilde assured me that FIND
does not want to make requirement::: of Mr. Swaim that would
adversely affect the city of De 1 r a'l Beach.
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BEACH PROPERTY OWNERS'
ASSOCIATION, INC. ~
, ~
~4)\=- p,O, BOX 375
"-:);'~ ~. DELRAY BEACH, FLORIDA 33444
-
Mr. Kovacs is well aware of our negative response to the
boardwalks and has accurately represented that to Mr. Swaim.
If Mr. Swaim feels he has neighborhood support for his
mitigation proposal he is mistaken. We have made our
opinions known locally and to FIND officials. Beach
residents should not have to pay the price of mitigation for
environmental impacts Mr. Swaim wants to make on the other
side of the Intracoastal Waterway.
We appreciate Mr Kovacs' efforts to keep us informed and
welcome the opportunity to be involved in any decisions that
impact the beach community.
Sincerely,
d~~~
/Sandra Almy, Execut' e Director
Beach Property Owners' Association
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BEACH PROPERTY OWNERS'
ASSOCIATION, INC. ~~
~ --J{\- --==- P.O, BOX 375
~--<T 1:r ""0' DElRAY BEACH, FLORIDA 33444
October 30, 1991
Mr. David Roach
F.I.N.D.
1314 Marcinski Road
Jupiter, Florida 33477
Dear ~1r Roach:
As agreed upon in our telephone conversation of October
23rd, this letter is to recap the Beach Property Owners'
Association's response to the proposed development of the
FIND parcel between Andrews Avenue and the Intracoastal
Waterway in Delray Beach. The parcells located in an
established beach neighborhood which is represented by our
Association.
Recently Mr. Bill Swaim presented to the Delray Beach
Planning and Zoning Board a concept plan for his proposed
housi n9 deve 1 opment, THE f~t'-ICHORAGE. Along wi th that pla n he
p)"esented his m i t igat io n p roposa 1 for t he Andrews Avenue
FIND property. At this time our organization is awaiting
the outcome of Mr. Swaim's permitting applications to the
various regulatory agencies. If he is successful in
securing the permits necessary to proceed then we would like
the opportunity to review the proposal For the Andrews
Avenue FIND parcel.
Residents of the immediate neighborhood have positive
interest in the environmental enhancement of the property.
At certain times of the year a foul smell emanates from the
property. It is a breeding ground for mosquitoes and
frequently becomes a dumping ground for landscape cuttings
and other trash. We would welcome appropriate plans to deal
with these problems.
We do, however, have concerns about the proposed boardwalks
throughout the parcel. The boardwalks are meant to provide
public access to the FIND property and to the IeW, but they
will also provide public access to the backs of the homes
situated along the sides of the parcel. It is this loss of
security that disturbs us.
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BEACH PROPERTY OWNERS'
ASSOCIATION, INC. ~\~
)\ - P.O, BOX 375
~)r~ ~_::r- DELRAY BEACH, FLORIDA 33444
-
While we recognize the positive intent of FIND and Mr. Swaim
we do not feel that any action should be taken at the
expense of those most directly affected by that action.
Right now, what we need most is education about the specific
"hows" and "whys" of the environmental aspects of the
proposal. Ther,-=fore, I ask that you keep us informed as the
proposal develops and that we be allowed the opportunity for
input at the appropriate time.
r shall look forward to hearing from you.
Sincerely,
t d /lj! --
,,><:::tt- r ->~?L-- - ;,-vI
Sandra Almy .
Executive Director
Beach Property Owners' Association
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
(~.J\
FROM: CITY MANAGER,' i
-
SUBJECT: AGENDA ITEM # cr t: - MEETING OF FEBRUARY 11. 1992
REOUEST FOR SPECIAL CONSIDERATION TO REVIEW PLANNING AND
ZONING BOARD ITEMS
DATE: February 7, 1992
This item is before you for direction with regard to placing certain
items scheduled for Planning and Zoning Board action on February 24,
1992 on the Commission's regular meeting agenda for February 25,
1992.
Because of the holiday (Washington's Birthday), the Planning and
Zoning Board will be meeting the Monday immediately prior to the
regular commission meeting of February 25th. As a normal course of
action, any item acted upon by the Planning and Zoning Board would
not go before the Commission until the March 11th regular meeting.
However, it may be appropriate for some items to be considered
earlier; thus, Commission direction has been requested.
A list of the items scheduled for Planning and Zoning Board action is
attached as backup material for this item. Staff recommends that the
Commission consider the following items for inclusion on the March
25th regular meeting agenda:
b iL- ~ezoniniJ and conditional use application for the Patio Delray
project.
-Conditional use consideration for Banker's Row parking lot (if
ready) . DClT on
-Text amendments regarding marine structures, payment of
o~in-lieu of parking fees, and authorities for the Chief Building
Official.
Recommend consideration of request to place certain items scheduled
for Planning and Zoning Board action on February 24, 1992 on the
Commission's regular meeting agenda for February 25, 1992.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARD~TY ~
~~~0~ ~o.~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 11, 1992
SPECIAL CONSIDERATION TO REVIEW CERTAIN PLANNING AND
ZONING BOARD ITEMS AT THE COMMISSION MEETING OF
FEBRUARY 25TH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
direction with regard to placing certain items before the
Commission at its next meeting.
BACKGROUND:
Because of the holiday, the Planning and Zoning Board will be
meeting on the Monday immediately prior to the City Commission's
next meeting of February 25th. As a normal course of action,
any item acted upon by the Planning and Zoning Board would not
go before the Commission until the March 10th meeting. Because
it may be appropriate for some items to be considered earlier,
this special request is being made.
P&Z Aqenda Items: The following items are anticipated to be
before the Board on February 24th:
PUBLIC HEARING ITEMS:
* Rezoning, POC to Ne, northwest corner of Lake Ida Road and
congress Avenue with associated Conditional Use Request for
a fueling facility.
* Rezoning, RM to CF and attendant Conditional Use request
for a parking lot in conjunction with redevelopment of the
Patio Delray site (CBD).
* Annexation and Initial Zoning of MH, Highland Park Mobile
Home Subdivision.
* Rezoning from R-1-A to CF (City owned property at N.W. 8th
Avenue and Martin Luther King, Jr. Boulevard, American
Legion facilities).
* Conditional Use for the Banker's Row parking lot.
.,
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City Commission Documentation
Special Consideration to Review Certain P&Z Board Items at the
Commission Meeting of February 25th
Page 2
* LDR Text Amendment re OSSHAD:
-- mixed use in the OSSHAD;
-- boundary landscaping requirements [4.6.16(H)(3)(e)];
-- to accommodate the Banker's Row Master Plan;
-- other items raised by the Historic Preservation Board.
* LDR Text Amendment:
- Changing responsibility for review of marine
structures (piers, docks, etc. ) and providing a
variance procedure;
- Change in time of payment of in-lieu Park Fee;
- Change approval authority for canopies to Chief
Building Official instead of the City Commission.
Items to Receive Special Consideration:
The following items are suggested for inclusion on the City
Commission's agenda for March 25th:
* Rezoning and Conditional Use applications for the Patio
Delray project.
* Conditional Use consideration for Banker's Row parking lot
(if ready).
* Text amendments regarding marine structure, payment of
in-lieu park fees, and authorities for the CBO.
RECOMMENDED ACTION:
By direction of the Mayor, proceed with the staff suggestion.
DJK/CCQ.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
~' "'-7 l
FROM: CITY MANAGER _:-,/./i
SUBJECT: AGENDA ITEM i '\F - MEETING OF FEBRUARY 11. 1992
SCHEDULING FOR DECADE OF EXCELLENCE PROJECTS
DATE: February 7, 1992
This item is before you to authorize staff to move money between the
first and second issues of the Decade of Excellence Bond Issue and to
reallocate funding to various projects. The Development Services
Management Group at their February 6, 1992 meeting reviewed the
status of projects in the 1990 Decade of Excellence, 1983 Water and
Sewer, 1984 Water and Sewer, 1987 Utility Tax and 1991 Water and
Sewer Revenue Bond Programs. This review is part of the ongoing
program to analyze project cash flows and to expedite the progress of
projects in order to minimize arbitrage penalties. A detailed staff
report is attached as backup material for this item.
Recommend authorization to move money between the first and second
issues of the Decade of Excellence Bond Issue and to reallocate
funding to various projects.
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Agenda Item No. :
AGENDA REQUEST
Date: 02-07-92
Request to be placed on:' ~
X Regular Agenda Special Agenda Workshop Agenda
When: 02-11-92
Description of agenda item (who, what, where, how much):
Reallocation of bond project budgets (see attached)
ORDIHABCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Director of Finance recommends approval of changes as noted.
Department Head Signature:
Determination of Consistency Comprehensive
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
fi:'
Approved for agenda: "E$'/ NO ,r,-,)
Hold Until: _..
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M. sa~
Director of Fina
SUBJECT: Reallocation of Project Budgets
DATE: February 7, 1992
In the Development Services Management Group (D.S.M.G.) meeting of February
6th, staff reviewed the status of projects in the 1990 Decade of
Excellence, 1983 Water/Sewer, 1984 Water/Sewer, 1987 Utility Tax and 1991
Water/Sewer Bond Programs. This review is part of the ongoing program to
analyze project cash flows and to expedite the progress of projects in
order to minimize arbitrage penalties.
It was determined in the current review that:
1. Certain projects should be moved to the second phase of the Decade of
Excellence Bond Issue and other projects should be moved forward from
the second phase to the current phase,
2. Certain projects were accomplished under budget and the uncommitted
funds need to be reallocated,
3. Certain reserves for arbitrage need to be changed relative to
arbitrage studies recently completed by Ernst and Young, our external
auditors, and
4. Other uncommitted reserves (contingency accounts and interest
earnings) need to be assigned to projects.
1990 DECADE OF EXCELLENCE GENERAL OBLIGATION BOND ISSUE:
Project Name Account Number Amount
Veterans Park 225-4126-572-61.63 ($200,000)
Spady Access Improvements 225-3162-541-61.74 ($200,000)
Northwest Drainage Project 225-3161-541-61.39 ($400,000)
Southwest Fourth Street Sidewalks 225-3162-541-61.44 ($ 8,686)
Pompey Park Sidewalks 225-3162-541-61.46 -0-
Lowson Drainage 225-3161-541-61.42 ($ 3,277)
Community Center Improvements To be Determined $200,000
Fire Station Number Three To be Determined $110,000
Fire Station Number Four To Be Determined $ 90,000
Fire Station Number Five 225-2311-522-61.57 $100,000
Reserve for Arbitrage $100,000
Northwest Drainage (Phase II) To be Determined $211,963
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MEMO TO: David T. Harden, City Manager
DATE: February 7, 1992
PAGE: Two
1987 UTILITY TAX BOND ISSUE:
Project Name Account Number Amount
Beautification Projects 333-4141-572-61.26 ($ 11,584)
Beautification Projects 333-4141-572-61.28 ($ 2,000)
Beautification Projects 333-4141-572-61.32 ($ 5,000)
Beautification Projects 333-4141-572-61.33 ($ 5,000)
Beautification Projects 333-4141-572-61.38 ($ 28,000)
Community Center Rewiring 333-4125-572-60.69 ($ 10,000)
Tennis Center Lighting 333-4145-572-60.69 ($ 22,000)
Contingency 333-6111-581-90.11 ($ 5,000)
Interest Earnings ($ 36,000)
Pineapple Grove Drainage To be Determined $ 90,000
City Attorney's Office To be Determined $ 34,584
NOTES: (1) Any excess funds to be used for Debt Service
-
(2) Fund to be closed at end of present projects
1983 WATER AND SEWER BOND ISSUE:
Project Name Account Number Amount
Public Works Office To be Determined $ 8,000
Arbitrage Invoice $ 2,000
NOTE: Fund to be closed at end of present projects
1984 WATER AND SEWER BOND ISSUE:
NOTES: (1) Any remaining funds to be used for Debt Service
-
(2) Fund to be closed
1991 WATER AND SEWER BOND:
NOTE: No reallocation needed at this time
We are requesting that you place these changes on the City Commission
agenda of February 11, 1992 for their approval.
JMS/sam
cc: Mary Ann Young, Project Cost Accountant
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # 9 G - MEETING OF FEBRUARY 11. 1992
SERVICE AUTHORIZATION NO. 6/HAZEN AND SAWYER. P.C.
DATE: February 7, 1992
This is a service authorization to the contract with Hazen and
Sawyer, P.C. in the amount of $198,700 for engineering services for
the South Water Reservoir Rehabilitation project.
A study completed in June 1990, identified a number of cracks,
spalled concrete, exposed reinforcing steel and corroded mechanical
elements (sluice gates, pipe penetrations, etc. ) in both the one-half
million gallon and two million gallon reservoir structures. In
addition, a portion of the baffle wall inside the two million gallon
reservoir has collapsed and requires replacement.
The scope of service for this authorization includes design,
permitting, bidding and construction phase engineering services for
the structural, mechanical and electrical rehabilitation of these two
reservoir structures and appurtenances.
Recommend approval of Service Authorization No. 6 to the contract
with Hazen and Sawyer, P.C. in the amount of $198,700 with funding
from Water and Sewer Renewal and Replacement Fund - South Reservoir
Rehabilitation (Account No. 442-5178-536-61.80).
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Agenda Item No.:
AGENDA REQUEST
Date: 01/31/92
Request to be placed dn:'
xx Regular Agenda Special Agenda Workshop Agenda
When: Februarv 11. 1992
Desc~iption of agenda item (who, what, where) how much): Staff requests
City Commission to approve Service Authorization #6 to Hazen & Sawyer, P.C. for
En~ineerin~ Services for the South Water Reservoir Rehabilitation pro~ram. Fundin~
Acct. #442-5178-536-61.80. Cost $198,700.00 Pro;ect #90-01
ORD~NANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends'approval to Service Authorization 116 to
Hazen & Sawyer, P.C. for $198,700.00
....
','
Department Head Signature: It)~e?,~ .ctA
Determination of Consistency with Comprehensive Plan:
"'t"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteMs involving expenditure
of funds):
Funding available: ~NO (if applicable)
Funding alternatives:
Account No. & Description: !'\.itS (dJt'U<..J er ~ ~
Account Balance: ~ Zft> tt"1)
, b~'uH--- g ~ <
City Manager Review: I.flf-2 5178 53b 0 r 8 ~ ~
Approved for agenda: Q/ NO L~,)
Hold Until: ~.' /
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER :,'71,//
I
SUBJECT: AGENDA ITEM # Cff/ - MEETING OF FEBRUARY 11. 1992
SERVICE AUTHORIZATION NO. 2/DAVID MILLER AND ASSOCIATES
DATE: February 7, 1992
This is a service authorization in the amount of $5,500 for
preparation of construction documents and bidding and construction
administration services in conjunction with the exterior renovations
to the City Attorney's Office.
The exterior of the building which houses the City Attorney's office
will be modified to match the City Hall building, to include paint,
stucco, new roof, landscaping and exterior details.
The scope of service for this authorization includes preparation of
complete plans, details and specifications (including architectural,
structural and landscape architecture) for use in bidding and
construction, as well as assistance during bidding and construction
phases. Window, doors and interior modifications are not included in
the scope of service for this authorization.
Recommend approval of Service Authorization No. 2 in the amount of
$5,500 with funding from 1987 Utility Tax - Renovate City Attorney's
Office (Account No. 333-1651-514-61.50).
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: Jan. 31. 1992
X R~gular Agenda _Special Agenda _Workshop Agenda
When: 2/11/92
Description of agenda item (who, what, where, how much)_
Staff request. David Miller and Associates Service Authorization 2 for Architectural
Services for exterior renovations to City Attorney's office. Services include prepara-
tion'of construction documents, bidding and construction administration. Fees in the
amount of $5,500.00. City expense 'code 333-1651-514-61.50.
ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED ~NO
Recommendation: Staff recommends approval of Service Authorization No.2 for
Architectural Services for exterior renovations to the City' Attorney's office in the
amount of $5,500.00.
Department Head signature: ~~~~~. JY V~~L ~(f
Determination of Consi~tency with.Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: ~/NO
Funding alternatives (if applicable)
Account No. & Description333-lbSI-514-, 01-~ REND.JAT6' C-tT~ ATI~~
Account Balance EO,cw . <kFfC€'
City Manager Review:
c::---"'\
Approved for agenda: YES/NO
Hold Until: '-
Agenda Coordinator Review:
,
Received:
Action:
Approved/Disapproved
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DAVID MILLER & ASSOCIATES 92 FED --5 P;'1 Z: 3 \
CITY OF DELRAY BEACH ~,.;.. ~ J
CONSULTING SERVICE AUTHORIZATION \.c.,',-"
DATE: JANUARY 22~ 1992
SERVICE AUTHORIZATION NO. -2- FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 333-1651-514-6150
PROJECT NO. 91-101 (CITY) DM&A 92-901 (DAVID MILLER & ASSOC.)
TITLE: CITY ~TTORNEY BUILDING - EXTERIOR RENOVATION
This Service Authorization, when executed, shall be incorporated
in and shall become an integral part of the Contract, dated october
22, 1991, between the city of Delray Beach and David Miller &
Associates.
I. PROJECT DESCRIPTION
Exterior modifications of the existing City Attorney's
Building to match the adjacent City Hall including paint,
stucco, new roof, landscaping and exterior details. Not
included are windows, doors, and interior modifications.
II. SCOPE OF SERVICES
The following scope of services is developed in accordance
with the Standard Agreement for Architectural Services.
Phase I - preparation of schematic design documents.
Phase II - . preparation of design development documents.
Phase III - Preparation of construction and bid documents
for architectural, structural, and landscape
architectural services only.
Phase VI - Included in this Service Authorization.
Phase V - Included in this Service Authorization.
III. BUDGET
Architectural and engineering fees o~ an hourly basis not to
exceed five-thousand five hundred ($5,500.00) dollars.
IV. COMPLETION DATE
Phases I, II, and III - To be completed no later than 45 days
from issuance of Notice to Proceed.
Phase I - To be completed no later than 45 days from date of
advertisement.
Phase V - To be completed no later than 90 days from issuance
of Notice to Proceed to Contractor.
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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 encompassed 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 terminate 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 DELRAY BEACH: David Miller & Associates
Date ::t~~
David R. Miller. A.I.A.
David T. Harden
City Manager
----
Attest:
BEFORE ME, the foregoing
instrument, this 22nd day of
January, 1992 was acknowledged
Approved as to Legal by David R. Miller and said
Sufficiency and Form person executed the same free
and voluntarily for the purpose
there-in expressed.
witness my hand and seal in the
.- coun~nd stat~foresaid this
;lOlday of 'nU-/~
1992. . tJ
Notary Public
SUOf. Fl ~
,~
My commission Expires:
_~ 3~)99S
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EXHIBIT B
David Hiller & Associates, Hourly Rates
Hourly Hourly Raw
Raw Salary salary Rate
Rates Times 3.00
Multiplier
Employer category
Professionals --Engineers, Architects, Planners
Architects:
principal Architect $25.00 $75.00
Project Manager $21.00 $65.00
Architect I $15.00 $45.00
Engineer (MEP) N/A $40.00
Project Engineer (Structural) N/A $75.00
Project Designer (structural) N/A $55.00
Landscape Architect N/A $50.00
Technicians --Drafters
Arch'i'te.ct II $11.67 $35.0.0
Draftsman (MEP) N/A $25.00
Draftsman (structural) N/A $35.00
Draftsman (Landscape) N/A $35.00 .
Office Support
Included as a part of the overhead multiplier to the basic
professional rates.
Engineering and Landscape Architecture fees for hourly
projects are passed through based upon their standard billing
rates, and this office support is included as a part of these
rates.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
/
'-,
FROM: CITY MANAGER ,~ .-
SUBJECT: AGENDA ITEM i 9:r - MEETING OF FEBRUARY 11. 1992
APPROVAL OF CONTRACT FOR ARCHITECTURAL SERVICES/SERVICE
AUTHORIZATION NO. l/ROBERT WALTERS ARCHITECTS
DATE: February 7, 1992
This item is before you to approve a contract for architectural
services with Robert Walters Architects and Service Authorization No.
1 in the amount of $9,985 for architectural services in conjunction
with renovations at Fire Station No. 3 (Linton Boulevard). This is
a Decade of Excellence Project.
The contract for architectural services is the standard consulting
contract used for securing professional services. The agreement
provides that any work performed under this contract must be
authorized by the Commission via a service authorization and contains
the standard indemnification clause.
The scope of service for Service Authorization No. 1 includes the
preparation of a schematic design for the building addition,
renovation and site work the renovation project. The site plan will
be used for future fuel tank location. Building addition shall
include general storage, apparatus storage, physical conditioning
space, decontamination facilities, S.C. B.A. storage and medical
storage.
Recommend approval of a contract for architectural services with
Robert Walters Architects and Service Authorization No. 1 in the
amount of $9,985 for the preparation of a schematic design for the
building addition, renovation, and site work for the Fire Station
No. 3 renovation project, with funding from Decade of Excellence -
Fire Station No. 3 Renovation (Account No. 225-2311-522-61.59).
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 1/31/92
X Regular Agenda ____Special Agenda ____workshop Agenda
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When: 2/11/92
Description of agenda item (who, what, where, how much) Staff
request execution of Standard Agreement for Robert Walters Architects
for Architectural Services and Service Authorization 1 for site planning
for ,Fire Station #3. Fees in the amount of $ 9,985.00 (including re-
imbursables) . City Expense Code 225-2311-522-61.59.
ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED @/NO
Recommendation: Staff recommends execution of the Standard Agreement
for Architectural Services and Service Authorization No. 1 for site
planning for Fire Station #3.
Department Head Signature: ~;$,o~ ~;j 3- /"3fr %- ./
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Determination of Consi~tency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: ~NO
Funding alternatives (if applicable)
Account No. & Description22b-2~1l-5Z.l.01-91 l?6NOV-ATE r-l!ZE' ~.tJO.3
Account Balance 10,COO
City Manager Review: "', ,"
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Approved for agenda: ,/; .;~-1./ " 7
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Agenda Coordinator Review:
Received:
Action:
Approved/Disapprovea
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CONSULTANT'S NAME
CITY OF DELRAY~'BEACH"- ,--, :":.;"',lIr~~'~
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CONSULTING SERVICE AUT~~~~~AtIqN; 2: 28
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DATE: February J, 1992
SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO. 91-94 (CITY) R.W.A. (CONSULTANT NAME)
TITLE: Fire Station #3
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This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Contract,
dated 8/12/91 , between the City of Delray Beach and
Robert s. walters, AlA, P.A. .
1. PROJECT DESCRIPI'ION
Building addition (including general storage, apparatus storage,
physical conditioning space, decontamination facilities, S.C.B.A.
storage and medical storage), renovation and site work for Fire
Station #3, including schematic design, design developnent,
construction documents, bidding/negotiation and construction contract
administration phases.
II. SCOPE OF SERVICES
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. The following scope of services is developed in accordance with the
Standard Agreement for Architectural Services:
Phase I - Included in this Service Authorization.
In addition, the following items are to be included in the
scope of services of this Service Authorization.
1. Review of existing survey.
2. Preparation of as-built drawings of existing ~uilding.
Phase II - V - Not included in this Service Authorization.
III. BUOOm'
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Compensation for these :services shall be on an hourly rate, according .
to the rates provided in Exhibit A, with a not to exceed amount of
.$9,985 (including reirnbursables). See Exhibit A.
IV. COMPLm'ION DATE
Tne date of completion shall be not later than 65 days from issuance
of Notice to Proceed.
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. authorization is contingent
This service approved upon the
City's acceptance of and satisfaction with the completion of
. the services rendered in the previous phase or as encompassed
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 terminate
the contract without incurring any fu:tther 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 DELRAY BEACH: (CONSULTANT NAME)
Date . Date 1992
By
Robert S. Walters, AlA
Thomas E. Lynch (Print or Type)
Mayor
Title: President
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Witness
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Witness
Attest: I
BEFORE ME, t!he foregoing
instrument, this 2nd
day of Januarv , 1992,
Approved as to Legal was acknowledged by Robert S. Walters,
Sufficiency and Form on behalf of the Corporation
, and said person executed the
same free and voluntarily
1 for the purpose there-in
, expressed.
Witness my hand and seal in
the County and State
aforesaid this 2nd day of
Januarv , 1992.
Notary Public ~~
State of Florida
My Commission Expires:
IiOTARY PUBLIC. STATE OF rlORIt)~
MY COMMISSION EXPIRES: JUNE 26, i 992.
ilClNDIi:D THRlI NOTARY PlI.UO lINOI:RWRITIi:R8.
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ARCH. <PER. ARCH. . SIB-
TASK $65 $65 $90 0l'IJER . 'l'Om.
I. Su.ve:r - Updated survey and legal
description on CADD diskette by
registered SUrvey Engineer By Owner
Review survey, turn into base sheet,
coordinate with civil Engineers 2 1 220
IY. -As-Drll.t- Archi.t-.;~cal. PlaDs -
Review site plan and survey
information, measure and draw new
Architectural building floor plan,
measure and draw new Architectural
elevations, roof plan, etc. (Due to
the lack of existing plans available
an extensive field visit and measure-
ment will need to be performed.) 20 24 8 3,580
Review and determine which additions
are non-code complying and will need
to be removed from the original
structure.
III. Rev Design lbn.--&u - Review
building program, design new site
plan, new floor plan, new building 24 I
elevations, new building sections. 12 16 3,780
IV. Review Meetings - With Building
Conmittee, etc.
Meeting #1 with Revisions 4 4
Meeting #2 with Revisions 3 3
Meeting #3 with Revisions .2 3 1,485
SUbmittal to S.P.R.A.B. By Owner
v. P10tting of Ikavings - 8~ x 11",
materials, etc. 5 325
VI. Report 9 ry - Cost, estimate
general recommendations 4 360
VII. }lPi..t-lon:clhlR:: - Reproducible mylar
drawings, blueprints, photography of
existing building. 235
TCYI'AL: $9,985
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AGREEMENT FOR ARCHITECTURAL SERVICES
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Consultant: Robert S. Walters,
AlA, P.A.
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Date: July 1991
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TABLE OF CONTENTS
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I. Definitions; General Considerations 1
II. General Duties of Consultant J
III. Duties of Consultant; Master Plan/
Schematic Design Phase through Construction
Administration Phase and Resident Project
Representative Services Phase 4
A. Phase I - Master Plan/Schematic Design Phase 5
B. Phase II - Design Development Phase 5
C. Phase III - Construction Documents Phase 6
D. . Phase IV - Bidding/Negotiation Phase 7
E. Phase . V - Contract Administration Phase 7
F. Phase VI - Resident Project Representative Services 11
Phase
IV. Data and Services to be Provided by city 15
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V. Time of Performance' 16
VI. Agreement Period 16
VII. Compensation 16
VIII.Payment 19
IX. Miscellaneous provisions I 19
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A. Ownership of Documents 19
B. ~ Copies of Documents 19
C. Insurance 20
D. Litigation Services 22
E. Authority to Contract 22
F. Assignment 23
G. Confidential- Information 23
H. Non-Exclusiv~ Contract 23
I. Sub-Contractors 23
J. Notices . 24
K. Attachments 24
L. Truth-In Negotiation certificate 24
M. Records 24
N. Personnel 25
o. Equal Opportunity Employment 25
P. Prohibition Against Contingent Fees 25
Q. Termination 25
R. Indemnification 26
S. Interest of the Consultant 27
T. Compliance with Laws 27
u. Jurisdiction; Venue 27
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V. Attorney's Fees i 27
W. Internal Oisputes Between Owner and Consulant 28
X. Project Schaduling 28
Y. Extent of A~+eement 28
Exhibit A: Service Authorization(s) (sample)
B: Hourly Rate Chart (sample)
C: Invoice (sample)
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AGREEMENT FOR ARCHITECTURAL SERVICES
THIS AGREEMENT, made and entered into this ____ day
of , 19 , by and between the CITY of Delray
Beach, Florida, hereinafter referred to as "CITY", and Robert
S. Walters, AiA, P.A., hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the CITY has provided notice of the desired
professional services and carried out the proper selection
process pursuant to and in accordance with the Consul tant ' s
Competi~ive Negotiation Act; and,
WHEREAS, the CITY represents that it is a Florida
municipal corporation with the authority to engage the CONSUL-
TANT and accept the obligation for payment for the services
desired; and,
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued at the time of or subsequent to execution of this
AGREEMENT; and
WHEREAS, the CONSULTANT desires to provide such
professional services in accordance wi th this; AGREEMENT and
SERVICE AUTHORIZATIONS. ~\I'
NOW, THEREFORE, in consideration of ~he premises and
the mutual benefits which will accrue to the parties hereto in
carrying out th~ terms of this AGREEMENT, it is mutually
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understood and ag~eed as follows:
I. DEFINITIONS: GENERAL CONDITIONS
A. THE SCOPE OF WORK is to be implemented in phrases as
set forth by this Agreement and by SERVICE AUTHORIZA-
TIONS, which are attached hereto and made' a part
hereof, and as also may be added as approved by the
City from time to time.
B. A SERVICE AUTHORIZATION is a form to be used to
authorize work, projects, and services. The form
shall be executed by the CITY'S and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
authorization is established in the CITY Code of
Ordinances with provisions for expenditure levels of
approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
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this AGREEMENT. The projects, work and services to
be perfbrmedby the CONSULTANT and time for comple-
tion of' the particular phase of the work'by CONSUL-
TANT shall be authorized by a SERVICE AUTHORIZATION.
The SERVICE AUTHORIZATION shall include the scope of
work' to be performed; the budget cost, complete with
an itemization of manhours, wage' rates, reimbursable
expenses, and other related costs; . sche.dule for
completion and name of project manager. The SERVICE
AUTHORIZATION shall be signed by the CITY and the
CONSULTANT'S authorized representative. A CITY
purchase order shall be issued with authorization'
identifying funds and amount of expenditures. The
terms of this AGREEMENT supersede the terms stated on
the purchase order.
C. CONSTRUCTION COSTS shall be the total estimated cost
to the CITY of all elements of the project designed
or specified by the CONSULTANT. Construction costs
shall include the cost at current market rates of
labor and materials furnished by the I Contractor and
equipment designed., specified, selected or specially
provided for' by . the CONSULTANT, plus a reasonable
allowance for the contractor's overhead and profit.
In addition, a reasonable allowance for contingencies
shall be included for market conditiops at the time
of bidding and for changes in the work during con-
struction.. Construction cost does not include the
compensation of the CONSULTANT or Consultant's
subconsultants, the cost of the lan~, rights-of-way,
financing or other costs which are t eresponsibility
of the CITY. The CONSULTANT shall use its best
judgment as a design professional familiar with the
construction industry in estimating the construction
cos1;.
D. PHASES: A phased approach may be utilized. The city
and the; Consultant shall have the right to negotiate
the ter,ms of each phase as contained within each
service authorization, and to reject a~y service
authorization, if the parties cannot agree to the
- terms of the service authorization. In the event the
parties cannot agree, the city may select the next
ranked proposer or go out for additional proposals in
order to . complete the subsequent phase(s) of the
project. ' This phased approach shall not waive the
City's right to terminate the Consultant's contract
during any phase of the project.
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II. GENERAL DUTIES OF CONSULTANT ·
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A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT,' and the CONSUL-
TANT will provide the professional and technical
services required under this AGREEMENT in accordance
wi th acceptable professional practices and ethical
standards. No employer/employee relationships ~hall
be deemed to be established and the CONSULTANT, its
agents, subcontractors, and employees shall be
independent contractors at all times.
B. Professional and Technical Services. It shall be the
responsibili ty of the CONSULTANT to work wi th the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execution by both parties.
C. The scope of services to be provided shall be covered
in deta,il in SERVICE AUTHORIZATIONS. ,
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D. The citiy has established a budget for each project
awardedf to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to
the city, new designs, drawings, specifications,
reports and other applicable services if the budget
for the entire proj ect is exceeded .during and up to
completion of the design phase of the project;
however, nothing contained herein Shall require the
CONSULTANT to bear additional costs if the additional
costs are a result o~' a change in the scope of
services directed by the City.
E. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely comple-
tion, compliance with regulations and rules, and the
coordination with all appropriate agencies' of all
designs, drawings, specifications, reports and other
services furnished by the CONSULTANT under this
AGREEMENT. If the CITY determines there are any
errors, omissions or other deficiencies in the
CONSULTANT'S designs, drawings, specifications,
reports and other services, the CONSULTANT shall,
without .addi tional compensation, 'correct or revise
said errors or omissions to the satisfaction of the
CITY.
F. Approval' by the CITY of drawings, designs, specifica-
tions, r'eports and incidental' professional services
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Gr materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
tec~nical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
cause of action arising out of the performance of
this AGREEMENT.
G. The CONSULTANT and its subconsultants shall have no
responsibility for the discovery, presence, handling
or removal or disposal of or exposure of persons to
hazardous materials in any form existing prior to
construction at the project site, including but not
limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or any other toxic
substances.
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H. The CONSULTANT designates Robert S. ~alters, as its
representative to act as liaison with~he CITY. The
representative shall manage and coordinate CITY
projects and is hereby authorized to act on behalf of
the CONSULTANT to negotiate and approve SERVICE
AUTHORIZATIONS and act on any other related matter
with respect to performance .of services for the CITY
in accordance with the AGREEMENT. . Any change to name
another person shall be requested in writing to the
CITY, anq shall be approved by the City.
I. CONSULT~T shall attend all meetings/ as specified or
as defined in each SERVICE AUTHORIZATION of the City
commission or any City approval Board, where the
project is discussed, unless the City's representa-
ti ve declares such attendance and participation is
not necessary. In addition, the CONSULTANT shall
attend all additional meetings as may be required to
facilitate the project.
III. DUTIES OF CONSULTANT; MASTER PLAN/SCHEMATIC DESIGN
PHASE THROUGH CONSTRUCTION ADMINISTRATION PHASE AND
_ RESIDENT PROJECT REPRESENTATIVE SERVICES PHASE
The following Duties of CONSULTANT are separated into
phases of the project which if approved via SERVICE AUTHORIZA-
TIONS shall be performed by the CONSULTANT. The City may
require SERVICE AUTHORIZATIONS which contain additional re-
quirements applicable to the project. The City must authorize
through service authorizations, the commencement of each phase
of the work.
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A. Phase I - Master plan/Schematic Design Phase
if the Master Plan/Schematic Design Phas. is author-
ized, the following requirements shall apply.
(1) The CONSULTANT shall consult with the city to
ascertain the requirements of the proj ect and
shall arrive at a mutual understanding of such
requirements with the CITY.
(2) The CONSULTANT shall review with the CITY
alternative approaches to design and construc-
tion of the project.
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(3) Based on a mutualJ.y agreed upon program, the
CONSULTANT shall prepare a Master site Plan
m~eting the requirements of the City's Code of
ortlinances.
(4) The CONSULTANT shall prepare, for approval of
the CITY, schematic design documents consisting
OD drawings and other documents illustrating the
scale and relationship of project components
based on the mutually agreed upon project,
schedule and construction budget requirements.
(5) The CONSULTANT shall prepare a preliminary
evaluation of the CITY'S proj ect, schedule and
construction budget requiremen~sand submit a
statement of probable constructt?n cost based on
current area, volume or other unit costs which
shall be updated throughout the schematic design
phase, and subsequent phases of the project.
B. Phase II - Design Development Phase
If the Design Development Phase is authorized, the
following requirements will apply:
(1) The CONSULTANT shall prepare for approval of the
CITY, design development documents consisting of
_ drawings and other documents to fix and describe
the size and character of the project as to
architectural, structural, mechanical and
electrical systems, materials and such other
elements as may be appropriate based on approved
schematic design documents and any adjustments
authorized by the CITY. The CONSULTANT shall
consider the availability of materials, equip-
ment, labor, construction, sequencing, schedul-
ing, economic analysis of constru~tion and
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op~rations, user safety and maintenance require-
- mellts and energy conservation. .
(2) - Ad~ise the city if additional data or services
are necessary and assist the city in'obtaining
such data and services.
(3) FUl;'nish the specified number of. copies of the
design development documents as contained within
the SERVICE AUTHORIZATION and present and review
tnem with the CITY.
(4) The CONSULTANT shall submit to the CITY a
preliminary estimate of construction costs based
on current area, volume or other unit costs,
which shall be updated throughout the design
development phase.
(5) The CONSULTANT shall prepare a development
schedule, which shall include, but shall not be
limit~d to, the ,reviews and approval times by
all governmental agencies as may be required.
(6) The CONSULTANT shall make available all design
calculations and associated Data, and partici-
pate in meetings, in which Value Engineering
Analysis of the project takes place, at such
times and places as shall be determined by the
City
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C. Phase III. Construction Documents Phase.
If the Construction Documents Phase is authorized,
the fOllowing requirements shall apply:
(1) The CONSULTANT shall prepare, construction
documents consisting of drawings and specifica-
tipns setting forth in detail the requirements
fo~ construction of the project based on design
development documents and any further adjust-
ments in the scope or quality of the project or
in the construction budget authorized by the
CITY.
(2) Th~ CONSULTANT shall in the preparation of
drawings and specifications, take into account
all currently prevailing codes and regulations
governing construction in the City of Delray
Beach, Florida,. and shall meet the,requirements
of all other agencies or governmental authori-
ties having jurisdiction over the project.
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(3) The CONSULTANT shall prepare a detailed opinion
- of probable cost in accordance with Paragraph
IC, which shall be reviewed by the Ci~y prior to
going out for bids.
(4 )' The CONSULTANT shall provide the required
documents and attend meetings as' necessary for
the approval of governmental boards, agencies or
authorities having jurisdiction over the
project. ,
(5) The CONSULTANT shall use bid documents provided
by the CITY including, but not limited to,
bidding forms, conditions of the contract, and
form of AG~EEMENT between the city and
'contractor.
(6) The CONSULTANT shall prepare all documents
including design and plan revisions required for
the approval of governmental autHorities having
jurisdiction over the project. 'Said approvals
are required prior to the public 'notice for the
Invitation to Bid. The submissions of applica-
tions, therefore, are the responsibility of the
CONSULTANT.
(7) The CONSULTANT shall provide the 'city copies of
contract documents, as' specified in the SERVICE
AUTHORIZATION.
D. Phase IV - Bidding/Negotiation Phase!
If the bidding phase is authorized, the following
requirements shall apply:
(1) The CONSULTANT shall assist the City in obtain-
ing bids or negotiated proposals, assist in
awarding and preparing contracts for construc-
tion, attend pre-bid conferences, prepare
addenda, provide written recommendation of
award, assist in the attainment of the required
bonds and certificates of insurance.
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E. Phase V - Construction Contract Administration Phase
If Contract Administration is authorized, the follow-
ing requirements shall apply:
(1) The CONSULTANT shall provide adm-inistration of
the contract for construction as set forth
herein and ,as contained within. the general
conditions of the contract for construction.
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{2) The CONSULTANT shall be a representative of and
shall advise and consult. with the CITY during
construction and' until final.payment to the
contractor is due. The CONSULTANT shall have
authority to act' on behalf of the CITY only to
the extent . provided in this AGREEMENT and as
provided in the contract for construction unless
otherwise modified by written instrument.
(3) The CONSULTANT shall visit the site at regular
intervals appropriate to the staqe of construc-
tion or as otherwise agreed to by the CITY and
the CONSULTANT, in writing, to become generally
familiar with the progress and CjJuality of the
work completed and shall determin~ in general if
the work is being performed in a manner indicat-
ing that the work when completed will be in
accordance with the contract documents. The
CONSULTANT shall be' required 'to make on-si te
observations to 'review the work. The CONSULTANT
shall. keep the CITY informed of the progress and
quality of the work and shall .protect the Owner
against defects and deficiencies in the work of
th.,e contractor.
(4) The CONSULTANT shall not have control over or
charge of and shall not be responsible for
construction means, methods, techniques, se-
quences or procedures or for s~ety precautions
and programs in connection wit the work, since
these are solely the Contractor's responsibility
under 'the contract for construction. The
CONSULTANT shall make every reasonable effort to
ensure that the Contractor completes the work in
accordance with his schedule and carries out the
work in accordance with the Contract documents.
(5) The CONSULTANT based on observations and evalua-
. tions of Contractor's applications for 'payment,
shall review and certify the amounts due the
Contractor.
(6) The CONSULTANT I S cl~rtif ication for payment shall
constitute a representation.to the CITY, based
on the CONSULTANT'S observations at the site as
provided herein and on the data comprising the
Coptractor's application for paynient, that the
work has progressed to the point indicated and
that, to the best of the CONSULTANT'S knowledge,
information, and belief, the quality. and quanti-
ty of the ~ork is 'inacCOrd\nCe with the
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contract documents. The foregoing representa-
- tions are subj ect to an evaluation Qf the work
for conformance with the contract documents upon
. substantial completion, to ~esults of subsequent'
tests and inspections, to minor deviations from
the contract documents, correctable prior to
completion and to specific qualifications
expressed by the CONSULTANT. The issuance of
the certificate of payment shall further consti-
tute a representation that the CONSULTANT has
made observations to review the quality or
quantity of the work.
(7) The CONSULTANT shall recommend 'ctisapproval or
rejection of CONTRACTOR'S work to the CITY which
does not conform to the contract documents. The
CO,lfSULTANT will have authority to require
additional inspection or testing of the work in
accordance with the provisions of the contract
documents, whether . or not. such work is
fabricated, installed or completed.
(8) The CONSULTANT shall review and approve or take
other appropriate action upon contractors
submittals such as shop drawings, product data,
and samples for the purpose. of checking for
conformance with information given and the
design concept expressed in' the contract docu-
ments. The CONSULTANT shall evaluate and
determine the acceptabili ty / of substi tute
materials and equipment proposed by CONTRACTORS.
(9) The CONSULTANT shall prepare change. orders and
construction. change directives wi th supporting
documentation and data if deemed necessary by
the CONSULTANT, for the CITY'S .approval and
execution in accordance with the contract
documents, and may authorize minor changes in
the work not involving an adjustment' in the
contract sum or an extension' of the contract
time which are not inconsistent with the 'intent
of the contract documents.
(10) The CONSULTANT shall conduct inspections to
determine the date or dates of substantial
completion and the elate of final completion,
shall receive and forward to the' CITY for the
CITY'S review and records, written warranties
and rel.ated documents required by the contract
documents and assembled by the Contractor and
shall issue a final cert~ficate for payment upon
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_ compliance with the requirements of the contrac-
tor documents.
(11r The CONSULTANT shall interpret matters concern-
ing performance of the owner and contractor
under the requirements of the contr~ct documents
on written request of either the owner or
contractor. The CONSULTANT'S response to such
requests shall be made wi th reasonable prompt-
ness and within any time limits agreed upon.
(12) Interpretations of the CONSULTANT shall be
consistent with the intent of land reasonably
inferable from the contract documents and shall
be in writing or in the form of drawings. When
making such interpretations, the CONSULTANT
shall endeavor to secure faithful,~performance by
both the CITY and the contractor.W .
(13) The City shall be the final arbiter on matters
relating to aesthetics.
(14) The CONSULTANT shall render written interpreta-
tions within a reasonable time on all internal
disputes between the CITY and CONTRACTOR relat-
ing to the execution of the progress of the work
as, provided in the contract documents. .
(15) The CONSULTANT'S interpretations on internal
disputes are not binding on t,he CITY and the
CITY may result to remedies afforded. by this
contract to resolve the issue.
(16) The CONSULTANT shall provide the number of sets
of the construction documents to the CONTRACTOR
as specified in the SERVICE AUTHORIZATIQN.
(17) Upon completion of construction, the CONSULTANT
shall provide to the CITY, three sets o~ record
drawings, signed and sealed, plus one set of
mylars incorporating as built conditions and
- other data furnished by CONTRACTOR(S) to CONSUL-
TANT. .
(18) In company with the CITY, the CONSULTANT shall
visit the- project to observe. any apparent
defects in the completed construction, assist
the CITY in consultations .and. discussions with
CONTRACTOR(S) concerning correction of such
deficiencies, and make recommendations as to
replacement or correction of defective work.
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F. Ehase VI - Resident project Representative Services
Phase .
If the Resident Project Representative services Phase
is authorized the following requirements shall apply:
A. A Resident Project Represent~five will be
assigned to assist CONSULTANT i carrying out.
his responsibilities to CITY "at the site.
Resident ~roject Representative ~s CONSULTANT'S
agent at site, will act as directed by and under
the supervision of CONSULTANT, and will confer
with CONSULTANT regarding Resident Representa-
tive's ACTIONS. Resident Representative's
dealing in matters pertaining to the on-site
work shall in general be with CONSULTANT and
CONTRACTOR keeping the CITY advised as neces-
sary. Resident Project Representative's deal-
ings with subcontractors shall only be through
or with the full knowledge and approval of
CONTRACTOR. Resiclent Project Representative
shall generally communicate with the City with
the knowledge of and under the direction of'
CONSULTANT.
B. Resident Project Representative. shall where
applicable:
1. Review the progress sChed~le, schedule of
Shop Drawing submittals nd schedule of
values prepared by' CONTRACTOR and consult
with CONSULTANT . concerning its general
acceptability.
2. Attend meetings with CONTRACTOR, such as
preconstruction conferences, progress
meetings, . job conferences and other
project-related meetings, and prepare and
circulate copies of minutes thereof.
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3. Working principally through :CONTRACTOR "S
superintendent, assist CONSULTANT in
serving as the City'S liaison with CONTRAC- -
TOR, whe~ CONTRACTOR'S opexations affect
the city's on-site operation.
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4. Assist in obtaining from the~City addition-
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:.... al details or information, twhen required
Ii, for proper execution of the Work.
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5. Record date of receipt of 'Shop Drawings'and
- samples.
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6. Receive samples which are furnished at the
site by CONTRACTOR, and notify the CONSUL-
TANT of availability of sam~les for exami-
nation. '
7. Advise the CONSULTANT and CONTRACTOR of the
commencement of any Work requiring a Shop
Drawing if the submitta~ 'has, not been
approved by the CONSULTANT.
8. Conduct on-site observations of the Work in
progress tc) assist the . CONSULTANT in
determining if the Work is, in general,
proceeding in accordance with the Contract
Documents.
9. Report to the CONSULTANT whenever Residen-
tial Project Representative believes that
any Work is unsatisfactory, faulty or
defective or does not conform to the
Contract Documents, or has been damaged, or
does not meet the requirements of any
inspection, 'test or approval required to be
made; and advise the CONSULTANT of Work
that ' Resident project Representative
believes should be . uncovered for observa-
tion, or requires special~testing', inspe,c-
tion or. approval. Noth nq herein shall
relieve the CONTRACTOR or the CONSULTANT
from the duties imposed by contract.
10. Verify that tests, equipment and systems
startups, and operating and ' maintenance
training are conducted in the presence of
appropriate personnel, and that CONTRACTOR
maintains ad~quate records thereof; and
observe, record and report to the CONSUL-
TANT appropriate details relative to the
- test procedures and startups$
11. Accompany visiting' inspecto~s representing
pUblic or 'other agencies havinq jurisdic-
tion over the project, record the results
of these inspections and report to the
CONSUT...TANT.
12. Report to CONSULTANT when clarifications
. and interpretations of the Contract
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CONTRACTOR clarifications and ,interpreta-
tions as issued by the CONSULTANT.
13 . Consider and evaluate CONTRACTOR'S sugges-
tions, for modifications in Drawings or
Speoifications and report with Resident
Project Representative's recommendations to
the CONSULTANT. Transmit to CONTRACTOR
decisions as issued by the CONSULTANT.
14. Maintain at the job site orderly files for
correspondence, reports of job conferences,
Shop Drawings and samples, reproductions of
original Contract Documents,:' including all
Work Directive Changes, Atldenda, Change
Orders, Field Orders, addii:ional Drawings
issued subsequent to the execution of the
contract, CONSULTANT'S clarifications and
,! interpretations of the Contract Documents,
progress reports, and other Project related
documents.
15. Keep a diary or log book, recording CON-
TRACTOR hours on the job site, weather
conditions, data relative to questions of
Work Directive Changes, Change Orders or
changed conditions, list of job site
visitors, daily activitie~, decisions,
observations in general} and specific
. observations in more detatl as in the case
of observing test procedures; and send
copies to the CONSULTANT.
16. Record all names, addresses and telephone
numbers of the CONTRACTOR~ all subcontrac-
tors and major suppliers of material and
equipment.
17. Furnish the CONSULTANT periodic reports as
required of progress of the Work of the
CONTRACTOR's compliance with the progress
schedule and schedule of Shop Drawing and
sample submittals.
18. Consul t with the CONSULTANT in advance of
schedule major tests, inspections or start
of important phases of the Work.
19. Draft proposed Change Orders and Work
Directive Changes, obt~ining backup
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material from CONTRACTOR and recommend to
- the CONSULTANT, Change Orders, Work
Directive Changes, and Field Orders.
20. Report immediately to the CONSULTANT and
the CITY upon the occurrence of any acci-
dent.
21. Review applications for payment with
CONTRACTOR 'for compliance wi th the estab-
lished procedure for their submission and
forward with recommendations to the CONSUL-
TANT, noting particularly the rel~tionship
of the payment requested to the schedule of
values, Work completed and, materials and
equipment delivered at the si te but not
incorporated in the Work.,
22. During the course of the work, verify that
J certificates, maintenance ~and operation
manuals and other data rquired to be
assembled and furnished by c,CONTRACTOR are
applicable to the items actually installed
and in accordance with the Contract Docu-
I ments, and have this material delivered to
the CONSULTANT for review and forwarding to
City prior to final payment ,for the Work.
23. Before the CONSULTANT issues a Certificate
of Substantial comPle~n, submit to
CONTRACTOR a list of obse ed items requir-
ing completion or correction.
24. Conduct final inspection in the company of
the CONSULTANT, the city and the CONTRACTOR
and prepare a final list of items to be
completed or corrected.
25. Observe that all items on final list have
been completed or corrected and make
recommendations to,the CONSULTANT concern-
ing acceptance. .
C. The Resident project Representative shall not:
1. Authorize any deviation from the Contract
Documents or substi tution of materials or
equipment.
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- 2. Exceed limitations of the CONSULTANT'S
authority as set forth in the Contract.
Documents.
3. Undertake any of the responsibilities of
CONTRACTOR, . subcontractors , or CONTRACTOR'S
superintendent. .
4. Advise on, issue directions relative to or
assume control over any aspect of the
means, methods, techniques, sequences or
procedures of construction unless such
advice or directions are specifically
required by the Contract Documents.
5. Advise on, issue directions regarding or
assume control over safety precautions and
programs in connection with the Work.
6. Accept Shop Drawing or sample submittals
from anyone other than Contractor.
7. Authorize the city to occupy the Project in
whole or in part.
8. Participate in sp~cialized f~eld or labora-
tory tests or inspections /' conducted by
others except as specifically authorized by
the CONSULTANT.
IV. DATA AND S~RVICES TO BE PROVIDED BY fHE'CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, . documents, and other
information as the CONSULTANT and CITY mutually
deem necessary and which are under control of
the CITY. .
B. Other data and services to be agreed. upon in
- subsequent SERVICE AUTHORIZATIONS.
C. Pay for all legal advertisements incidental to
obtaining bids or proposals from contractors.
D. The CITY Manager or his designee' shall act as
the CITY'S representative with respect to the
work to be performed under this AGREEMENT. The
CITY Manager. or his designee shall have the
authority ,to the extent authorized by the CITY
Charter and Gode of Ordinances to exercise the.
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- rights and responsibilities of the CITY provided
in this contract. said authori ty . may include
but is not 1 imi tad to: transmit instructions,
stop work, receive information, interpret CITY'S
policies and decisions with respect to materi-
als, equipment, elements, and systems pertinent
to the services covered by this AGREEMENT~
E. Pay all permit, application filing fees.
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F. 'Provide access to CITY facilities.
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V. TIME OF PERFORMANCE
A. The CONSULTA~T will begin work, promptly after
issuance of a Notice to Proceed.,
B. The CONSULTANT'S services called for under the
AGREEMENT shall be completed in accordance with the
schedule contained in each SERVICE AUTHORIZATION. If
the CONSULTANT'S services are unreasonably delayed by
the CITY in excess of 180 days, the time of perfor-
mance and compensation shall be renegotiated, provid-
ed; however, the CONSULTANT as a condition precedent
to renegotiation shall notify the City within fifteen
( 15) c~lendar days at the end of" the delay of
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CONSULT~T' S proposed addl. tl.onal costs l.ncurred by
reason ?f said delay.
VI. AGREEMENT PERIOD /
The period of service is from the date of execution of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS issued have been completed. Each service
Authorization shall delineate a time for completion of the
service to be rendered.
VII. COMPENSATION
A. The CITY will compensate the CONSULTANT for the
services performed on each SERVICE AUTHORIZATION in
- accordance with a negotiated lump sum, or a not to
exceed budgeted amount based on time charges which
are based upon hourly rates, plus reimbursable
expenses if compensation is based on Method II and
other related costs as are specified in the SERVICE
AUTHORIZATION.
1. METHOD 1 - LUMP SUM
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Lump Sum l\mount. Wherever possible, the scope
of services for Services, projects or Programs
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to its authorization. The CITY and. CONSULTANT
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shall mutually agree to a lump ,sum' amount for
services to be rendered and a detailed scope of
services. Should the CITY deem that a change in
the scope of services is appropriate, then a
decrease or increase in, compensation shall ,be
'authorized in writing. In lump ,sum contracts,
the CON~ULTANT shall submit the estimated
manhours, wage rates and other actual unit costs
supporting the compensation.- The CONSULTANT
shall submit a truth in negotiation certificate
st;~ting that all data supportin91 the compensa-
ti,on is accurate, complete and current at the
time of contracting.
2. METHOD II - TIMES CHARGES! NOT TO EXCEED BUDGET-
ED AMOUNT , _~\
T . me Cha 'g to Excee
service is to beompensated for
on,i a time charge/not to exceed basis, the
COlj'SULTANT will submit a not, to exceed budget
cost to the CITY for prior approval based on
actual time charges Which shall not exceed
, established hourly rates as shown in Exhibit B
attached hereto, plus reimbursable expenses and
other related costs. The CITY shall' not be
obligated to reimburse the CONSULTANT for costs
incurred in excess of the notj to exceed' cost
amount. '
a. The CITY agrees to pay the CONSULTANT
compensation for services rendered based
upon the established raw hourly salary
rates as shown in Exhibit B for services
rendered on CITY projects multiplied by an
overhead factor containing- a ten percent
(10%) profit, which shall not exceed 3.0.
The overhead factor may be subject to
audit. The schedule of hourly rat~s as set
- forth in Exhibit B is attached hereto ana
made a part hereof. The rates listed in
Exhibit B may be adjusted upon AGREEMENT of
the parties. '
b. In addition, the CITY shall 'pay for reim-
bursable expenses invoiced at the actual
cost of expenditures incurred by the
CONSULTANT if provided in, the SERVICE
AUTHORIZATION as follows:
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- (1) Actual expense of(&transportation
and lodging in a cordance with
CITY policy in efi,ct 'at the time
of travel when traveling in
q connection, with each SERVICE
C" AUTHORIZATION, express courier
I charges, and permit fees paid for
securing approval, of authorities
having jurisdiction over the
project.
(2) Actual expense of reproductions,
of Drawings and Specifications
including duplicate sets of the
completion of each SERVICE
AUTHORIZATION for the CITY'S
review and approval.
(3) Actual expenses of testing,
laboratory services, and field
equipment.
(4) Actual expense of overtime work
requiring higher than regular
rates, when authorized by the
CITY.
(5) Actual expense of Auto Travel at
the established CITY ,rate per
mile for travt outside Palm
Beach County.
B. Subcontractual service shall be invoiced at the
actual fees paid by the CONSULTANT, plus an addition-
al ten percent (10%) of the cost of these services to
compensate CONSULTANT, for' the procuring and manage-
ment of the sub-consultant, 'and for the other
financial and administrative costs. I:subcontractual
services shall be approved by the ctTY in writing
prior to performance of the,subcontraatual work.
C. - Total compensation (including, but not limited to
compensation for sUb-consultants) for all services
and expenses shall not exceed the budget cost listed
upon each SERVICE AUTHORIZATION, without written
approval.
D. If the CITY determines that any price for services,
however calculated provided by the CONSULTANT,
including profit, negotiated in connection with this
AGREEMENT or any cost reimbursable under this AGREE-
MENT was increased by any significant sums because
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the CONSULTANT.or any subcontractor furnished incom-
plete or inaccurate costs or pricing data, then such
price or cost or profit shall be reduced accordingly
and" the SERVICE AUTHORIZATION shall be reduced
accordingly and the SERVICE AUTHORIZATION shall be
modified in writing to reflect such reduction.
VIII.PAYMENT i
The CITY agrees that it will use its best, effort to pay
the CONSULTANT within thirty (30) calendar days from
presentation of the CONSULTANT'S itemized report and
invoice and approval of the CITY'S representative, unless
additional time for processing is required for payments
for basic services, subcontractual services, and reimburs-
abl'e. expenses as defined in Section VII. The CONSULTANT
shall submit monthly invoices, as required in the SERVICE
AUTHORIZATION, which shall include a report of work
completed during the respective invoice period. Invoices
shall be in a format consistent with those shown in
Exhibit C. The report shall be adequate in detail to
describe work progress (lk complete for each task)- and
written summaries of work completed. No payment request
shall exceed the value of work and' services performed by
the CONSULTANT under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. 'Ownershio Documents:
All reproducible mylar drawings and b.A.D. disks in a
format compatible with CITY'S Computer system shall
be given to the CITY. Details, -desig)1 calculations,
and all other documents and plans that result from
the CONSULTANT'S SERVICES under this AGREEMENT shall
become and remain the property of the CITY, including
copyright rights, whether the project is completed or
not, a~cl will be delivered to the CITY upon demand.
CONSULTANT reserves the right to retain a copy of all
such documents for record purposes. Where such
documents are required to be filed with governmental
agencie.s, the CONSULTANT will furnish copies, to the
CITY upon request. The contract work is represented
by hard copy documentation; software, is provided to
the CITY for convenience only.
B. Cooies of Documents:
The CONSULTANT shall prepare sufficient copies of all
documents necessary to obtain approval through the
City's processes, as well as other governmental
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authorities. See also section III (C) (7) for addi-
tional requirements. The CITY acknowledg~s that the
materials cited in Paragraph IX A. and other data
provided in connection with this Agreement which are
provided by the CONSULTANT are not intended for use
in connection with any project other than the project
for which such materials are prepared. Any use by
the CITY of such materials in connection with a
project other than that for which such materials were
prepared without prior written consent and adaptation
by the CONSULTANT shall be at the CITY'S sole risk,
and the CONSULTANT shall have no responsibility or
liability therefore.
C. Insurance:
Without limiting any of the other obligations or
liabilities of the CONSULTANT, the CONSULTANT shall,
at his own expense, provide and maintain in force,
until all of its services to be performed under this
AGREEMENT have been completed and accepted by the
CITY (or for such duration as it otherwise specified
hereinafter), the following insurance coverages:
1. Worker's Compensation Insurance to apply to all
of the CONSULTANT'S employees in compliance with
the "Worker's Compensation Law" of the State of
Florida and all applicable'Federa~' Laws.
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A. Employer's Liability w~th limits of
$100,000 per person, $500,000 per occur-
rence and $100,000 per each disease.
2. comprehensive General Liability with minimum
limits of One Million Dollars, ($1,000,000.00)
per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more
restrictive than the -latest edition' of the
Comprehensive General Liability policy, without
restrictive endorsements other than ISO Endorse-
- ment GL 21 06 (Engineers, Architect~, or Survey-
ors Professional Liability eXClusion), as Filed
by the Insurance Services Office and must
include:
a. Premises and/or Operations
b. Independent Contractors
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- c. Products and Completed opera~ions - CONSUL-
TANTS shall maintain in force until at
,,~ least three years after completion of all
.; services required under this AGREEMENT,
"I coverage for Products and Completed Opera-
tions, including Broad Form Property
Damage.
d. Broad Form Property Damage
e. Contractual Coverage applicable to this
specific AGREEMENT.
f. Personal Injury Coverage with minimum
limits of coverage equal to those required
for Bodily Injury Liability.
3. Business Automobile Liability with minimum
limits of Three Hundred Thousand Dollars
($300,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on
a form no more restrictive than the latest
edition of the Business Automobile Liability
policy, without restrictive endorsements, as
filed by the Insurance Services Office and must
include:
a. Owned Vehicles '
Hired and Non-Owned vehiclLs
b.
c. Employers' Non-Ownership
4. Professional Liability Insurance with minimum
limits of Two Hundred Fifty Thousand Dollars
($250,000.00) per occurrence applicable to CITY
projects. Coverage shall be affdrded on a form
acceptable to the CITY. CONSULTANT shall
maintain such professional liabi\lity insurance
until at least one year after a Certificate of
Occupancy is issued.
5. Prior to commencement of services, the CONSUL-
TANT shall provide to the CITY Certificates of
Insurance evidencing the insurance coverage
specified in the foregoing Paragraphs C1, C2,
C3, C4. All policies covered within subpara-
graphs Cl, C2, C3, C4, shall be endorsed to
provide the CITY with thirty ( 30) days notice of
cancellation and/or restriction. The CITY shall
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- T$T'S liability on policies ref.erenced in
subparagraphs C2. ' The required. certificates of
Insurance shall not only name the types of
policies provided, but also shall refer specifi-
cally to this AGREEMENT and section and to the
ab.ove paragraphs in accordance wi th which
insurance is being furnished, ,and shall state
that such insurance is as required by such
paragraphs of this AGREEMENT.; The CONSULTANT
shall also make available to the, CITY a certi-
fied copy of the prOfessional liability insur-
ance ,policy required by paragraph 4 above for
the City's review. Upon request, the CONSULTANT
shall provide copies of all other insurance
policies.
6. If the initial insurance policies required by
this AGREEMENT expire prior to the completion of
the services, renewal certificates of Insurance
of policies shall be furnished thirty (30) days
prior to the date of their expiration. For
Notice of Cancellation and/or Restriction; the
policies must be endorsed to. provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
7. The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional Insured,
shall apply on a p'rimary basis./ '
D. Litiqation Services:
It is understood and agreed that CONSqLTANT'S servic-
es include reasonable participation in litigation or
dispute resolution arising from t9is AGREEMENT.
CONSUL~ANTS participation shall include up to 30
hours pf services related to litigation or dispute
resolu~~on. Any such services in excess of '30 hours
shall be an extra service.
E. - Authoritv to Contract:
The CITY represents that it is a Florida Municipal
corporation with the authority to engage the ,CONSUL-
TANT 'for professional services described in the
SERVICE AUTHORIZATIONS and to accept the obligation
for paymept for the services described in the SERVICE
AUTHORIZATIONS.
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F. Assianment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, ,and assigns to the
other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of
such other party, in respect to all covenants of this
AGREEMENT subject to budget considerations and
requirements of law; and, nei ther the CITY nor the
, CONSULTANT will assign or transfer their interest in
, this AGREEMENT without the written consent of the
other.
G. Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
date of this contract, all discussions between the
CITY and the CONSULTANT and all information 'developed
or' 'work products produced by' the CONSULTANT during
its emploYment and all matters relevant to the
business of the CITY not otherwise being a matter of
public record shall be deemed to :be confidential.
All such information and work product shall be
protected by the CONSULTANT ,and shall not be revealed
to other persons without the express written permis-
sion of the CITY, unless mandated by! order of the
court. '
H. Non-Exclusive Contract: I
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The CITY reserves the right to award projects to
other firms pursuant to the Florida Statutes Consul-
tant's Competitive Negotiations Act du~ing the period
of sery.ice' of the CONSULTANT. . The CONSULTANT agrees
to cooperate wi~h the CITY and other firms in accom-
plishing work that may require joint efforts to
accomplish the CITY'S goals. This cooperation, when
requested by the CITY, will include but not be
limited to:
1. Sharing technical information developed under
contract with the CITY.
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2. J~int meetings for project coordination.
3. Establish lines of communication.
I. Subconsultants:
In the event the CONSULTANT, during the course of the
work under this AGREEMENT requires the, services of
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any subcontractors or other professional associates
in connection with services cQvered by 'this AGREE-
MENT" CONSULTANT must s'ecure the:. prior written
approval of the CITY.
J. Notices:
Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by
registered united States mail, with return receipt
requested, addressed to the party for whom it is
intended at the place last written, as the place for
giving of notice in compliance with the provisions.of
this paragraph. For 'the present, the parties desig-
nate the following as the respective places of giving
of notice to wit:
CITY of Delrav Beach
CITY Manager
CITY of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
Robert S. Walters. AlA. P.A.
620 S.E. 1st Street
Ft. Lauderdale. FL 33301
K. Attachments:
Request for Qualifications is hertbY incorporated
within and made an integral part of his AGREEMENT.
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L. Truth~In-Neaotiation Certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in neqotiation certifi-
cate stating that wage rates and other factual unit
costs ~upporting the compensation of this A~REEMENT
are accurate, complete, and current. The original
contract price and any additions thereto shall be
_ adjusted to exclude any significant sums by which the
CITY determines the contract price wa~ increased due
to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall. be available to,the CITY
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or its authorized representative at mutually conve-
nient times.
N. Personnel:
The CONSULTANT represents that it has or will secure,
at its own exp~nse, qualified personnel required in
performing the services under this AGREEMENT. All
work shall be performed under' the direction of a
professional, registered under the state of Florida
in the field for which he is responsible for perform-
ing such' services. The proj ect manage~ shall be
approved by the CITY under each SERVICE AUTHORIZA-
TION. Key project personnel 'will be identified for
each project and expected to perform the work assign-
ment as can reasonably be expected.'
O. Eoual Opportunity Emplovrnent:
CONSULTANT agrees that it will, not discriminate
against any employee or applicant for employment for
work under this Agreement because of race, color,
religion, sex, age or national origin. Such action
shall include, but not be limited to:tthe following:
employment, upgrading, demotion or, transfer; recruit-
ment advertising; lay-off or termination; rates of
payor ,other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT
agrees to post in conspicuous places, available to
employees and applicants for empioyment, notices
setting forth this non-discriminati6n clause. This
provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
P. Prohibition Aoainst continoent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicit or secure this AGREEMENT, and that he has not
- paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other considera-
tion, contingent upon or resulting from the award or
making of this AGREEMENT.
Q. Termination:
This AGREEMENT may be terminated by either party' by
seven (7) calendar days prior written notice, in the
event of substantial failure to perform in accordance
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with the terms hereof by the other party through no
fault of the terminating party. The CON$ULTANTand
the CITY shall also have ,a right "to terminate this
AGREEM~NT for convenience at any time by thirty (30)
calendar days writ:ten notice to either one or the
other. In the event the' projec't, described in any
SERVICE AUTHORIZATION, or the services of the CONSUL-
TANT called for under any SERVICE AUTHORIZATION, is
or are suspended, canceled, or abandoned by the CITY,
the CONSULTANT shall be given five days prior written
notice of such action and shall be compensated for
the professional services provided and reimbursable
expenses incurred up to "the date of suspension,
cancellation or abandonment. The CONSULTANT agrees
to provide all documents to the CITY (specifically
those referenced in paragraph IX.'A. Further, prior
to the CONSULTANT'S destruction of any of the, above-
referenced documents, the CITY shall, be notified and
allowed a reasonable period to gain access to and
make copies of any such documents. Upon any termina-
tion of this AGREEMENT, the CONSULTANT agrees that it
shall-use its best efforts to work harmoniously with
any successor who enters an AGREEMENT to provide
services for the CITY in order to proviqe for a
smooth transition period.
Indemnification:
The CONSULTANT will at all times indemnify, save and
hold harmless and defend the CIT~, . its, officers,
agents (the term agents shallot include the
contractor(s), any subcontractors, any'materialmen or
others who have been retained by the city or
contraC!tor, or materialmen to supply goods or
. services to the project) and employees, from and
against 'all liability, any claim, demand, damage,
loss, expense or cause of action and costs (inClUding
attorney's fees at trial or appellate levels) arising
out of error, omission, or negligent act of
CONSULTANT, its agents, servants or employees in the
performance of services under this agreement. The
- CONSULTANT further agrees to indemnify, hold harmleSs
and defend the City, its officers, agents and
employees from and against any claim, demand or cause
of action arising out of any negligence or misconduct
of CONSULTANT for which the City, its agents,
servants or employees are alleged to be liable. The
indemnifications contained herein shall survive the
expiration or earlier termination of this Agreement.
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~he monetary limitation on the e*tent of the
CONSULTANT'S liability shall be Two 'Hundred Fifty
Thousand Dollars ($250,000.00). Nothinq i,n this
AGREEMENT shall be de9med to affect the rights,
privileges and immunities of the CITY as set forth in
Florida Statutes 768.28.
S. Interest of the Consultant:
The CONSULTANT covenants that it presently has , no
interest and shall not acquire any interest, direct
or indirect, in any Project to which this AGREEMENT
pertains or any other interest which would conflict
in any manner or degree with the performance of its
I services hereunder. The CONSULTANT further covenants
that in the performance of this AGREEMENT, no person
having such interest shall be employed.
T. Comoliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws
and all Codes and Ordinances of the CITY OF
DELRAY BEACH as amended from time to time, and
that exist at the time of buildinq permit
issuance.
b. For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT ~all review and
approve the applicable requir d provisions or
any other supplemental provisions' as may be
included in each SERVICE AUTHORIZATIONS.
U. Jurisdiction: Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State Civil!Courts of Palm
Beach county, Florida. Any dispute between- CONSUL-
TANT arid the CITY shall be governed by the laws of
_ Florida~;with venue in Palm Beach County.
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V. Attornev's Fees:
In the event a suit is filed in court arising out of
this agreement, then the prevailing party shall be
enti tled to recover from the other party all costs
incurred, including reasonable attorney's fees,
including attorney's fees and costs on appeal.
.
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w. Internal Dispute in Architectural Contract Between
Owner and Consultant:
The City Manager shall be the final decision maker
regarding internal disputes between CITY and CONSUL-
TANT.
X. Project Scheduling:
CONSULTANT shall provide scheduling to the City based
on the construction scheduling program PRIMAVERA and
provide the city, within ten (10) days of the date of
commencement as contained within the service author-
ization, a diskette with the proposed program sched-
ule. During tho course of the work, CONSULTANT shall
provide monthly updates with a written description of
any changes in the schedule. The diskette shall be
in a format compatible with. the City's computer
system:
Y. Extent of Aqreement:
This AGREEMENT represents the entire integrated
AGREEMENT between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations or
AGREEMENTS, written or oral. This AGREEMENT may not
be amended, changed " modified, or otherwise altered
in any way, at any time after the execution hereof,
except by approval of the CITY Commission.
IN WITNESS WHEREOF, the CITY his caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its CITY Clerk,
and the CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA
.
By:
MAYOR
ATTEST:
city Clerk
Approved as to Form:
CITY Attorney
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- CONSULT~T"-
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By:
~oEer l WbcrEllb ,~
I
ACKNOWLEDGEMENT IF CORPORATION
state of Florida
County of Palm Beach
BEFORE ME, the foregoing instrument, this 1;).-tI,... day
'of gl~ ' 19..9..L, was acknowledged by
i4h14k ) , on behalf of the corporation
and saJ.d person executed the same freely. and voluntarily for
the purpose therein expressed.
WITNESS my hand and se?l in the County and State
aforesaid this I ;;l.-t;j..., day of 11~ ' 19~..
~~~
(SEAL) My Commission Expires:
NOTARY PUBLIC, STATE OF FLORIDA.
MY COMMISSION EXPIRES: JUNE 26, 1992.
.CHDED THIlU HOTAIlY puauc: UHDKIlWIlIT&"..
/
ACKNOWLEDGEMENT IF AN INDIVIDUAL
state of Florida
County of Palm Beach
I HEREBY CERTIFY that, on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared ,
, known to me to ,be the person J.n and
who executed the foregoing instrument, and acknowledged before
me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me this day
of , 19 .
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Notary Public
My Commission Expires:
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- ACKNOWLEDGEMENT IF A PARTNERSHIP
state of Florida
county of Palm Beach
t
I HEREBY CERTIFY that on this date before me, an
officer duly aut~orized in the state and county named above to .
take acknowledgments~ personally appeared ,
, known to me to be the person ~n and
who executed the foregoing instrument as a partner of
, a partnerShip. He/She
acknowledged before that he/she executed the same as the act
and deed of said partnership for the uses and purposes therein
mentioned.
SWORN TO AND SUBSCRIBED before me this day
of' , 19 .
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Notary Public
My Commission Expires:
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EXHIBIT A (SAMPLE)
- ROBERT S. WALTERS, AlA, P.A. I
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION ;
DATE:
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE,
TITLE:
This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Contract.
Title:
I. , PROJECT DESCRIPTION
II. SCOPE OF SERVICES
/
III. BUDGET
IV. COMPLETION DATE
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This service authorization is approved contingent upon the
city IS acoeptance of and satisf~ction with the cOJllpletion of
the,services rendered in the previous phase or as encompassed
by the previous service authorization. If the city in its sole
discretion i~ unsatisfied with the services provided in the
previous phase or service authorization, the City may terminate
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 DELRAY BEACH: CONSULTANT:
Date Date
Thomas E. Lynch
Mayor
Attest: Attest:
BEFORE ME, the foregoing
instrument, this
day of' , 1991,
Approved as to Legal was acknowledged by
Sufficiency and Form on behalf ot the Corporation
, and said p~son executed the
same free and voluntarily
for the purpose there-in
expressed.
witness my hand and seal in
the County and state
~ aforesaid thi~ day of'
... , '1991.
oJ
Notary Public
- State of Florida
My Commission Expires:
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- EXHIBIT B ( SAMPLE)
Hourly Hourly Raw
Raw Salary Salary Rate
Rates Times 3.00
MUltiplier
Employer Category
Professionals ,-- Engineers, Architects, Planners, Economists,
Scientists, Hydrologists, Hydrogeologists, Geologists
I
Technicians -- Drafters, Graphic Artists, Computer, Surveyors,
Cartographics, Construction Inspectors
.... .,0
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.Off ~ce Support
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- EXHIBIT C
SAMPLE SAMPLE -- COST NOT TO EXCEED FORMA~
INVOICE
city of Delrav Beach
project No. Date
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order # .
Period ending: .
LABOR
Class Emplovee Name Rate Hours Amount
Subtotal Labor I: $
EXPENSES I
Computer /
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE $
COST SUMMARY
Contract Amount $
Amount Earned This Period $
Amount previously Earned
Amount Remaining $
34
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- EXHIBIT C (continued)
SAMPLE INVOICE -- LUMP SUM FORMAT .
INVOICE
city of Delrav Beach
Purchase Order No. Client Ref. No.
Task Order No. Invoice No.
Description of services under Task Order .
Period ending .
Total Fee $
% Complete $
Less Previous Billings
"
Total Earned This Period $
\,
TOTAL AMOUNT DUE THIS INVOICE $
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"1
I--A-~C---O--R--ii-----C--E--ii--T--i--F---i--c--A--:r--E-----Ci--p-------------------------------------------------------------1
I___________________l_~__?__!!__~__~__~___~__g__________________________________________I~?_~!l__Q1t!_~_____g_Q~~_~~~_1_____1
I PR.QDUCER to. I THIS CERtIfICATE IS ISSUED AS A HAttER OF IHfORKAfIOH ONLY AND CONFERS 1
I HELNICK FELDHAN HOSKIN INS I NO RIGHTS UPON tHE CERtIFICAtE HOLDB, tHIS CElTIFICAtE DOES NOT AliENO
I 10071 PINES BLVD., STE tB l_g~I~JLQ~e~n~I!:!L~~~R~lJffQR~~JLlLIHL~Q~I~I~I~QW!.____________I
I PEKBROKE PINES, FL 1_________~_Q_~_f_~_~_1_E_~___~_!_!_Q_g_~_1_~_9__~~_Q_~_~_g_~_g_g_________1
I 33024-0000- I COMPANY I
I 1_~E!!gR_~___________~~!H~tQ~ij~!_~Q~~~L____~_________________________1
I . I COHPANY I
1_____________________________________________________i_b~II~~~_____________________________________________-------------------1
I INSURED , COMPANY I
I ROBERt WALTERS AlA I_LgIIgR_~________________________________________________________________1
I 620 SE FIRSt StREEt I COMPANY I
I Ft. LAUDERDALE l_b&!!gR_~_______________________________~_______________________________1
I FL 33301 I COMPANY I
1__________________________~__________________________1.L~tt~g_~________________________________________________________________1
1=== C 0 V ERA G E S ===---===================-====a=======--======--=============================--==~=aAI.~~:::::::===========1
I tHIS IS to CERtIFY tHAt tHE POLICIES OF INSURANCE LIStED BELOW HAVE BEEN ISSUED to tHE INSURED NAKED ABOVE FOR tHE POLICY I
I PERIOD INDICAtED. NOTWItHStANDING ANY REQUIREMENt, tERM 01 CONDItION OF ANY CONtRACt OR OtHER DOCUMENt WITH RESPECT to WHICH I
1 THIS CERtIFICAtE KAY BE ISSUED OR KAY PERtAIN, THE INSURANCE AFFORDED BY tHE POLICIES DESCRIBED HEREIN IS SUBJECt TO ALL tHE I
I_I~&~~L.~!~~Y~!qH~L.~@..~QijUUQ~~qL~y~H..~qLI~!g~!_~!~!I~~HQ~H..ML!1~~L~g~~&EDy~g[l~LfAI!L~LAI~b.._______________________I
I CO I I I POLICY EFF.I POLICY EXP., I
I~IRl._______Ir~LQL!~~Raij~L________l._~Q~!~L~Yttlg~_L.___~a~___L.___~aIL___l.___________________~!KII~_________________1
I I GENERAL LIABILIty I I I l_ggNEB~L_AGgREg~tE____________1_!.__________1
I I [ ] COllercial General Liability I I I 1_~&Q~Y~TS-~Q~flq~~~GR~~tL__l.!.__________1
I I [ ] Chils Made [] Occur. 1 I I 1_~gBsONAL_!..AD~:.-1~JYIl.______L!.__________1
I I [ ] Owner's' Contractor's Proto I I I l_gACH..qC~Rigij~~____________l.!.__________1
I I [ ] I, I I l_nRE_~aHAgg..ia!!LQD!_tit!L__L!.__________1
1___1.l-1._____________________________1.________________L.___________L.___________L.~~~!_gxP~~~L(An~2n!.~!t!~1L.!._________ I
, I AUTOHOBILE LIABILITY I I I , COI1BINED SINGLE , $
I I [ ] Any Auto I I I 1_~!~!t._______________________1.____________1
I I [ ] All Owned Autos I I I I BODILY INJURY 1 $ I
I I [ ] Scheduled Autos 1 I I 1_~~!t.~ttiqnt.________________l.____________1
I I [ J Hired Autos I I I I BODIL~ INJURY I $ I
I I ( J Non-Owned Autos I I I 1-~~!t.!~~!1tn1l.--------------1.------------1
I ,[] Garage Liability I I I I PROPERtY;VAHAGE I $ I
1___L.l-1._____________________________1.________________1.___________l.__~________l._____________________________l.____________1
I I EXCESS LIABILIty I I I l_g~~tl_Q~~YB~NCg_______________1_~___________1
I I r J UMBRELLA FORM I I I 1_~~~&g~~Ii.___________________L.!.__________1
1___1_&_1~Q!b!t_IbgQ_Y!~~!!!j_fQt!_____1_________________1____________1____________1______________________________1_____________1
I I I I I 1_{.l.~rAIYIQRl.bI~IT~________l.____________1
I I WORKER'S COMPENSAtION I I I l_ga~H_acCl~~HI________________l_!___________1
I I AND I I I 1_~!~g~~g-PQLICX.bIH!I.________l.1.__________1
1___l______g~~bQlgg~~_bI~~IbII!________1_________________1____________1____________1_~!~ga~g:ga~~~bQ!gg__-----_1_~___________1
I I OTHER I I I I I I
I A 'PROFESSIONAL I PC56301355831 I 06/17/91 I 06/17/92 I 250000 OCC. I I
1___1_____b!~l!bIIl.___________________l_________________1____________1____________1_~~Q220__~qq~________________1_____--------1
I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ItEHS I
I CLAIMS MADE FOlK - . I
I I
I I
1______-----------------------------------------------__________________________________________________________________________1
1=== C E R T I F I CAt E H 0 L D E R ================= CAN eEL L A r I 0 H =============================================/
I I SHOULD ANY OF tHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tHE t
I CITY OF DELRAY BEACH I EXPIRAtION DAtE tHEREOf, THE ISSUING COHPANyXm~~~ SHALL
I 434 S. SWINtON AVENUE I I1AIL _10_ DAYS WRIttEN NOtICE to tHE CERtIFICAtE HOLDER NAI1ED to tHE
I DELRAY BEACH I LEFt,Xll9laUJB<X~lIXKXBUQ(>>mlaX9(Q()QXXIll8Cl!D<lQC~J[XlI I
I FLORIDA 33444 1____.;~~U~~_~~~~~~~~~~~!m.~~_~!CJg!!!~~~~__1
I 'AUtHOR D REPRESENTATIVE 'I
I '/ I
1_________________________________________________ ____.; ___ __ _~__~~_____ _ ____________________________________1
1__~_~!!~Q__~_~::~__J_Z~~Q_t_____________________________________________________i~____cg~~Q-~~Q-~ftJ-!9-~--J-~-~~_I
~. -- ~. -. .-----_.." -~. ---.- ~.,",-" - - - -
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # '1 ~ - MEETING OF FEBRUARY 11. 1992
SERVICE AUTHORIZATION 17B/POST. BUCKLEY. SCHUH & JERNIGAN
DATE: February 7, 1992
This item is before you to approve Service Authorization No, 17B to
the contract with Post, Buckley, Schuh and Jernigan (PBS&J) in the
amount of $19,661 for additional design services for the North Water
Storage Tank and Pump Station project.
The are several additional items which need to be repaired or
replaced which were not identified during the initial design and
bidding of this project. However, as this was a rehabilitation
project, a $45,000 contingency was set aside for this project,
Those additional items include:
1. Replacement of an existing construction joint formed at the
floor and exterior vertical walls of the storage tank to prevent
tank leakage and/or groundwater intrusion,
2. Sealing numerous cracks in the roof slab to prevent
contamination of the tanks contents.
3. Repair cracks in the roof beams and floor slab.
Addi tionally, PBS&J will renegotiate the unit price for the Type V
Tank based on final repair quantities; negotiate a change order for
the demolition of an interior wall to reduce headloss wi thin the
storage tank; modify the diesel fuel system in order to comply with
Palm Beach County Department of Environmental Resources Management;
and, provide two new 20 inch influent wall penetrations to the
existing storage tank.
Other additions to the scope of service provide for negotiations with
the contractor for the replacement of the electric conduit and wiring
to the north building and painting the interior walls of the existing
North and South buildings located on top of the storage tank,
Recommend approval of Service Authorization No, 17B to the contract
with Post, Buckley, Schuh and Jernigan in the amount of $19,661 with
funding from Water and Sewer Capital Outlay Water Plant (Account No,
441-5162-536-60.93).
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Agenda Item No.:
AGENDA REQUEST
Request to be plac~d on: Date: 1/31/92
x R~gular Agenda ____Special Agenda ____Workshop Agenda
When: 2/11/92
Description of agenda item (who, what, where, how much)
The North Water Storage Tank and Pump Station (Project N~, 90-22). Authorization 17B from
Post, Buckley, Schuh & Jernigan, Inc. for additional design services required for additional
structural repairs to the tank, modifications:to the diesel fuel system permit with DERM.
Additional electrical work, additional painting and modification to influent piping per 'f
revised Master Water Plan desi ned b Hazen & Saw er Under se ar ntract (Acct, No. 441- J62-536~60, 3)
ORDINANCE/RESOLUTION REQUI D: YES I< 0 RAFT ATTACHED
Amount is $19,661.00.
Recommendation: Staff recommends approval of Service Authorization 17B. Enqineer's
work on additional structural repairs represented a substantial cost savings to the City,
Department Head Signature: .'l~~~~::> "~-d..J "L,/3/'l '7 i$AJ
Determination of Consi~tency with.Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
"
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: YES/NO
Funding alternatives
Account No. & Description 3)
.Account Balance
City Manager Review:
~/NO I)
Approved for agenda: (~,.rJ
,~
Hold Until: ,----"/
Agenda Coordinator Review:
Received:
Action:
. ' Approved/Disapproved
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Memo I _ '
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CITY OF DELRAY BEACH~
TO: /lk~ ~~ . DATE:
FROM:~~ /l/~
SUBJ: a
.--1~~<- ~ -
/lSs r-J -- ,/lu/rff /76
#f}i~L /A/d~ ~~
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aA<2L /?';;t;O cL ~
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r{~ed:U~ /?Le_~D
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Memorandum
Date: January 6, 1992
To: David T. Harden, City Manager
Thru: William H. Greenwood, Director of Environmental services~~
From: R Howard Wight, Construction Ma~
Project
Subject: North Water Storage Tank and Pu station,
#90-22
Post, Buckley, Schuh and Jernigan Service Authorization
17B
Justification for additional services
The following is justification to the agenda item for additional
services by Post, Buckley, Schuh and Jernigan (P,B,S & J) for
Service Authorization 17B. This Authorization is required to
address additional structural and miscellaneous items not
incorporated into the existing tank Contract (see Item 1.0 "scope
of services").
As the tank was filled with water during the design stage the
exact scope of repairs was not easily defined. For this reason a
$45,000.00 contingency allowance was placed in the bid. The
known types of repairs were itemized in the bid as unit prices.
These actual known additional contingency repairs totaled
$11,000.00 as measured by the Engineer at the Contract unit
prices.
In addition to the above other types of repairs needed were
identified by the Engineer during construction. The location of
these were cracks in the floor and along the base of the
perimeter wall. There was also additional removal of existing
non-bearing walls and removal/modification of existing piping and
equipment identified during construction. As these items were
not covered in the Base Bid or a Unit Price it required
negotiating on behalf of the City by the Engineer.
The negotiations by the Engineer on these additional repairs
represented a substantial cost savings to the City. As this is a
rehabilitation project these additional repairs were to be
expected. The $45,000.00 contingency allowance was to cover
these additional repairs. The Engineer's efforts in negotiating
these changes enabled the city to get more done under the
allowance.
Items other than structural are covered in this Service
Authorization as outlined in the attached copy of the
Authorization. Again, these items were not identified in the
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original scope and were identified after the construction
started.
P:ntank.doc
File 90-22D, Memos to city Manager
CC: Mr. Ralph Hayden, City Engineer
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AUTHORIZATION NO. 17B TO AGREEMENT
Entered Into and Between
CITY OF DELRA Y BEACH, FLORIDA
100 N.W. First Avenue
Delray Beach, Florida 33444
Dated February 1, 1989
and
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
1560 Orange Avenue, Suite 700
Winter Park, Florida 32789
For
ADDmONAL CONSTRUCTION SERVICES
For
IMPROVEMENTS TO THE NORTH WATER STORAGE TANK
AND PUMP STATION
Post, Buckley, Schuh & Jernigan, Inc. (ENGINEER) shall provide additional professional
engineering services, as hereinafter described, to the City of Delray Beach (CITY) for
improvements to the existing North Water Tank and Pump Station located at 200 N.W. First
Avenue.
PREAMBLE
This Authorization is intended to become a part of the original Agreement dated June 10, 1985, and
Amendment to the Agreement, dated February 1, 1989. It is hereby acknowledged by the parties
that should a conflict arise between this Authorization and the Agreement, as amended, then the
terms of the Agreement, as amended, shall control and prevail.
1.0 SCOPE OF SERVICES
Prior to construction of this project many items requiring repair on the interior of the storage tank
could not be observed and the extent of required repairs could not be determined until the
Contractor removed the tank from service and cleaned the interior of the tank. Alternate repair
methods also had to be developed and price proposals received and evaluated during ongoing
repairs. In addition, deteriorated electrical items needing replacement were discovered following
the beginning of construction. The CITY also requested the ENGINEER to obtain price proposals
from the Contractor for additional work and modifications to the tank piping needed based on
recommendations from another engineering firm regarding a recently completed hydraulic analysis
for the CITY. All of the additional engineering work required for these activities were not
anticipated when Authorization Nos. 17 and 17A were prepared for construction services to be
furnished by the ENGINEER. The additional engineering services are intended to provide the level
of service requested by the CITY for work not anticipated in the original Scope of Work.
Attachment A includes a detailed description of additional work required and manpower
requirements for 11 individual items.
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2.0 COMPENSATION
Compensation for engineering services shall be on the basis of payroll cost plus a surcharge, plus
reimbursables as defined in the Agreement entered into and between the CITY and ENGINEER
on June 10. 1985 for Additional Services and latest Amendment, dated February 1, 1989.
A detailed project cost estimate is included in Attachment A.
Estimated budget for additional construction services included in this Authorization No. 17B for the
Improvements t6 the North Water Storage Tank and Pump Station is as follows:
3.3 Additional Construction Phase Services $19,661.00
TOTAL ADDmONAL ESTIMATED FEE
FOR AUTHORIZATION 17B $19,661.00
The total estimated fee for construction and bidding services for the entire project including
Authorization No. 17, Authorization No. 17A and Authorization 17B will be $153,862.00
The above-referenced fee shall be considered a not-to-exceed amount for the additional scope of
services described herein unless prior written approval is obtained from the CITY.
2
"~I
.
....
3.0 TIME OF SERVICE
The engineering services for the additional project budget will be provided during the nine (9)
month construction period.
IN WITNESS WHEREOF, the parties hereto have accepted, made, sealed, and executed this
Amendment to Agreement upon the terms and conditions above stated on this day of
,1992.
For the ENGINEER: For the CITY:
POST, BUCKLEY, SCHUH & CITY OF DELRA Y BEACH
JERNIGAN, INC.
By: p{I~it!1kII By:
WILLIAM W. RANDOLPH
CHAIRMAN OF THE BOARD AND
CHIEF EXECUTIVE OFFICER Attest:
Date:
Attest: Approved as to Form:
; .CATHY J. LERMA
t.'.
t"~'
Date: r:J ~ 10) 19 ~ :z-.. City Attorney
STATE OF FLORIDA
COUNTY OF DADE
WI Before me personally appeared
':.....--Lv./I.-4~ to me well known
and known to me' to be the person described
in and who executed the foregoing instrument,
and acknowledged to and before me that he
executed said instrument for the purposes
therein expressed.
~SS my hand and official seal,
this day of .-.. A.D., 1992.
1*1. ~ ~
DJ-1fr .
Notary Pub'
State of Flonda
NOTARY PUBLIC STATE OF FLORIDA
MY CO~~ISSION EX?, NOV. 13, 1993
BONDED THRU GENERAL INS. UNO. 3
--*- -- - ----'*
'.
. .
ATIACHMENT A
DETAILED SCOPE OF SERVICES
AUTHORIZATION NO. 17B
ADDITIONAL CONSTRUCTION SERVICES
1. Alternate Type I Tank Repair - This item includes review of information provided by the
Contractor to provide a cost savings to the City, The work included review of submitted
information, preparation of a letter to the Contractor approving his price proposal and
preparation of a change order based on final repair quantities.
Project Manager/Senior Engineer 4 hrs.
Structural Engineer 2 hrs.
Structural Designer 1 hr,
Clerical 4 hrs.
2. Repair of Existing Construction Joint in Tank - Unknown at the time of design and bidding
there is an existing construction joint formed at the floor and exterior vertical walls. This joint
required replacement to prevent tank leakage and/or groundwater intrusion into the tank, This
item required researching repair methods, submitting a request for price proposal to the
Contractor, reviewing the Contractor's price proposal and preparing a change order based on
final repair quantities.
Project Manager/Senior Engineer 5 hrs.
Structural Engineer 3 hrs.
Clerical 4 hrs.
3. Alternate Type IV Tank Repair - When the existing tank roof coating was removed by the
Contractor, numerous cracks in the roof slab were observed. When the tank top was wetted
the cracks were large enough to allow water to pass through the cracks which would mean the
tank contents would be contaminated if the cracks were not sealed. The specified roof coating
system was not intended to seal cracks in the decking, therefore an alternate roof sealant would
have to be used. This item required researching sealing methods, submitting a request for
price proposal to the Contractor, reviewing the Contractor's price proposal, negotiating the
Contractor's price and preparing a change order based on final quantities to be coated.
Project Manager/Senior Engineer 12 hrs.
Structural Engin~er 4 hrs.
Clerical 6 hrs.
4. Repair Recommendation for Beam Cracks and Floor Cracks - When the interior of the tank
was cleaned numerous cracks in the roof beams and floor slab were discovered. In order to
evaluate these cracks and propose a repair procedure, a structural engineer had to visit the site
and observe the cracks. The work also includes detailing a repair method, submitting a request
for price proposal to the Contractor, reviewing the price proposal and negotiating an acceptable
price with the Contractor and preparing a change order based on final quantities. of cracks
repaired.
4
'..
.
.
Project Manager/Senior Engineer 8 hrs.
Senior Structural Engineer 1 hrs.
Structural Engineer 12 hrs.
Structural Designer 4 hrs.
Clerical 7 hrs.
5. Renegotiate Unit Price for Type V Tank Repair - The bid for Type V tank repair was based
on 4,000 square feet of repair. Actual repairs amounted to less than 700 square feet total.
This is less than 18 percent of the bid quantity. The General Conditions of the Contract
(Delray Beach Standard) allow for an adjustment of unit prices if the actual quantities were
significantly different. The work for this item includes review of information provided by the
Contractor, preparation of a writte,n response to the Contractor, extended negotiation of the
unit price and methodology of computing the unit price with the Contractor, review of the
revised unit price provided by the Contractor and preparation of a change order based on final
repair quantities.
Project Manager/Senior Engineer 7 hrs.
Structural Engineer 4 hrs.
Clerical 4 hrs.
6. Negotiate Change Order for Interior Wall Demolition - To reduce leadloss within the storage
tank the City wishes to remove two sections of internal block walls within the storage tank as
well as removal of an existing 24-inch transfer pipe within the tank. The City also wishes to
remove existing corroded chlorine solution lines and coat existing pump suction piping and tank
overflow piping. All of this requested work was not included in the original contract.
Engineering work required for this item includes preparation of a request for proposal from
the Contractor, review the Contractor's price proposal and negotiation of the final price with
the Contractor and preparation of a change order based on the final negotiated price.
Project manager/Senior Engineer 6 hrs.
Clerical 4 hrs.
7. Modification of Diesel Fuel System - In order to comply with Palm Beach County Department
of Environmental Resources Management requirements for design of aboveground diesel fuel
systems, which are interpreted more stringently than the state regulations intent, the diesel fuel
system design had to be modified twice following extensive telephone conversations with
DERM representatives. The final approved changes to the system then had to be given to the
Contractor for a price proposal. The engineering work for this item includes preparation of
DERM required changes to the system, preparation of three separate requests for Contractor
to provide a price proposal, review and final negotiation of the Contractor's proposals and
preparation of a final change order for this item,
Project Manager/Senior Engineer 20 hrs.
Structural Engineer 4 hrs.
Senior Mechanical Designer 14 hrs.
Clerical 7 hrs.
5
,'.
. .
.
8. Additional Electrical Work - The City desires to replace the electric conduit and wiring to the
north building. This work was not included in the original contract. The engineering work for
this item includes preparation of three separate requests for Contractor to provide a price
proposal, review and final negotiation of the Contractor's proposals and preparation of a final
change order for this item.
Project Manager jSenior Engineer 6 hrs.
Clerical 3 hrs.
Electrical Subconsultant Contract $300.00
9. Additional Painting - The City desires to paint the interior walls of the existing North and
South buildings on top of the storage tank. This work was not included in the original contact.
The engineering work for this item includes preparation of a request for the Contractor to
provide a price proposal, review and final negotiation of the Contractor's proposal and
preparation of a final change order for this item.
Project Manager/Senior Engineer 4 hrs.
Clerical..' 2 hrs.
10. Provide New 20-inch Influent Tank Piping - The City wishes to provide two new 20-inch
influent wall penetrations to the existing storage tank. One penetration will be for the influent
line from the altitude valve and the other will be a manual influent bypass line. The increase
in the influent pipe sizes is the recommendation of a system hydraulic analysis recently
completed by another consultant. The existing influent pipe size is 14-inch. The engineering
for this item will include design of the wall penetrations and new mechanical piping on II" x
17" sheets, preparation of a request for the Contractor to provide a price proposal, review and
final negotiation of the Contractor's proposal and preparation of a change order for this item.
Project Manager/Senior Engineer 14 hrs.
Senior Structural Engineer 2 hrs,
Structural Engineer 12 hrs.
Structural Designer 4 hrs.
Mechanical Designer 16 hrs.
Clerical 6 hrs,
11. Additional Site Visits - The original budget in Authorization No. 17 included two monthly site
visits by the Engineer during the project. Additional construction services in Authorization No.
17 A included an additional two monthly site visits by the Engineer during the project. To date
the Engineer has completed two site visits during the project, one in November and one in
December. This leaves two authorized monthly site visits left with five months remaining in
the Construction Contract. Due to the complex issues being addressed at the Monthly Progress
Meetings including going over Contractor proposal costs and field changes requiring a decision
by the Engineer, both the Contractor and the City believe that it is necessary for the Engineer
to be present at the Monthly Progress Meetings for the remaining five months in the Contract.
This will require an additional three monthly site visits in addition to the two remaining visits.
Project Manager 30 hrs
Clerical 6 hrs.
6
,"
. . .
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...............................>/..Yi....r......COSTESTIMATE FoR).AbDmoNAI.isE:ilvIcES'.U/.......................... .
...... '.. .---.-,..... .,' ., .. ". -,- ,.. .....,. . -". -,.... .. .. . ..---_..
.... .. ---- ,..... . -.. - -'" ..... -....... ...... ......., -........... ..... ....,.. . -- .
Labor
Project Manager/Senior Engineer 116 hrs @ S33/hr = S 3,828,00
Senior Structural Engineer 3 hrs @ $32/hr = 96.00
Structural Engineer 41 hrs @ S20/hr = 820.00
Structural Designer 9 hrs @ $14/hr = 126.00
Senior Mechanical Designer 30 hrs @ S18/hr = 540.00
Clerical 53 hrs @ $13/hr = 689.00
6099.00
x 3.0
Labor Multipler $18,297.00
Direct Expenses
Telephone S 400.00
Printing 250.00
Courier 150.00
Electrical Subconsultant 300.00
Local Travel 140.00
$1,240.00
Direct Multipler x 1.1
$1,364.00
/mt-AG0107/1
7
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.
P~/Plq;y
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
-
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # '1 /( - MEETING OF FEBRUARY 11, 1992
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: FEBRUARY 7, 1992
Due to the resignation of William Maher from the Delray Beach
Housing Authority, a vacancy has been created for an unexpired
term ending on October 27, 1995.
According to Florida Statutes, "No commissioner of an authority
may be an officer or employee of the city for which the authority
is created." Furthermore, at least one member must be a resident
of the housing project(s) served by the Authority. There is a
member/resident currently on the board. The new appointee need
not be a resident of Delray Beach.
The following individuals have expressed an interest in being
appointed to the Housing Authority and have submitted their
resumes for consideration:
Richard Brautigan
Wilbur V. Chaney
Thomas J. Duggan
Herbert F. Freese
Richard P. LiCastri
Rosalind Murray
Sam Schwimer
Ja,y Slavin
Per statute, members are appointed by the Mayor and ratified by
the Commission. However, by prior Commission consensus, each
Commissioner, on an informal basis and according to the rotation
sequence, makes a recommendation to the Mayor as to Housing
Authority appointees. In this instance, both the recommendation
and the appointment are to be made by Mayor Lynch.
Pursuant to direction received at the Commission meeting of
January 14, 1992, a check for code violations and property liens
has been conducted. According to City records, none of the
applicants has any outstanding violations.
Recommend appointment of a member to the Delray Beach Housing
Authority in order to fill an unexpired term ending on October
27, 1995.
;:..:~.~.,.,,,.,...:.-. ~ Jill ~
-,,-., ~-,-._-_.,."
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. r SPRENGER & UING 131
01/07/92 09=38
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-
William 1'. Maher CC- /)CNfliW
3032 Q street N.W. I~
Apartment No. 6
washington, D.C. 20007
,
January 7, 1992
Ms. Anita Barba
Office of City Clerk
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Resignation as Commissioner, Delray Beach Housing Authority
Dear Anita:
This Letter will confirm our talephone conversation today to the
effect that I have within the past week relocated to Washington,
D.C. Accordingly, I must resign, effective immediately, as
Commissioner of the Delray Beach Housing Authority.
Although, I am pursuing an exciting new opportunity in
washington, I will miss Delray Beach and the opportunity to serve
in its housing authority. AS I mentioned by phone, I may be able
to be of service to the City in other ways by virtue of my new
position.
Thank you for your coutesy and thoughtfulness.
Very truly ~~... .
Maher
'f
" -
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATIO~
- .-- -
PAUL RICHARD BRAUTIGAN -- -------
--
~AME -,
2877 S.W. 2nd Street, Delray Beach, Florida 33445
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
80 Depot Avenue, Delray Beach, Florida 33444 -
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
---
(407) 243-7944 (407) 272-9086
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, Housin~ Authority,
Historic 'Preservation, CAB ; C.C 8' ~'I.A B -
,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) None
-----
EDUCATIONAL QUALIFICATIONS R ~r.T _ in Ar,.hi ~p"~lIr::l' ~t-'\d:1ea.Jla_.A&H Universitv
---B-~'t:('hi t-",,.t-nr,,,, Al1hnrn tTnivprAi ~y -------------------------
-- --,
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
~egrstered Arcn~tecf-r-rTOr1aa, Cercit1ed 8u11ding ullical --------,--------
-------- -
GIVE YOUR PRES~T, OR MOST !18NIa~8tJi&, S~ Pf~C':TION ___
~resident. Arc itect, Owner, , .
-- - ------
. ___ -__-.a...- ~_ . . -. -' -
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOlRD.
Experience ~n Low income Hous1ng, H1scor1C ~rese~acion. Res1denc ot South Ylo~lda ~8 vears
~ -
--- . -----.--
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE, ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLI ATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
REe IVE. la!qJ
7/9() v<rt1 U
.....
~
SIGNATURE -~l~J-~Sl_-_------------
DATE
/O/'ll ~
,.
. . .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERD?v1
SUBJECT: AGENDA ITEM # I.O...S - MEETING OF FEBRUARY 11. 1992
ORDINANCE NO. 1-92
DATE: February 7, 1992
This is a second reading of an ordinance rezoning and placing land
presently zoned GC (General Commercial) district in AC (Automotive
Commercial) district, said land being located on S.E, 5th Avenue,
between S.E. 6th and 7th Streets (O.C, Taylor) ,
At first reading of this ordinance on January 14, 1992, the
Commission requested additional information from staff on the history
of the Acura and Izuzu Dealerships, That information is attached as
backup material for this item.
The O.C, Taylor property proposed for rezoning is a 1. 35 acre lot
which was initially zoned SC (Specialized Commercial) , In October
1990, during the Citywide rezoning action associated with the
adoption of the Land Development Regulations, this parcel along with
the commercial area from S.E. 3rd Street to S,E, 10th Street (except
the Fronrath Dealership) was rezoned to GC (General Commercial).
The main impact of the proposed rezoning request is to take the auto
dealership use from it 's current nonconforming status and place it
into a conforming status.
Additionally, the applicant is seeking a waiver from minimum lot
size and lot depth standards specifically for the purpose of
operating a full service automotive dealership. Presumably, the
waiver would not run wi th the land; thus, a use change to "used car
sales", or similar principal use, could be rejected at a future
date. Section 4.4.10 (F) (2) of the Land Development 'Regulations
provides for the waiver of minimum depth and lot size requirements
for sites where a use has been legally established and continues in a
nonconforming state, Therefore, the Commission will need to make a
determination whether or not the dealership was legally established
prior to granting the waiver.
The Planning and Zoning Board at their December 16, 1991 meeting
recommended denial of the rezoning request, Additionally, several
neighbors spoke in opposition to the rezoning and five letters of
opposition were received. A detailed staff report is attached as
backup material for this item.
-
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Wr=hJ~ f25::..~ LLt:.s1 A-pp~()ED 5-0
,
. .
. .
_ ___ _..l. - -' - - ---- .------ ----- -----
-
ORDINANCE NO. 1 -92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL)) DISTRICT IN
AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING
LOTS 19 THROUGH 27, BLOCK 11, OSCEOLA PARK, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 2,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DEL RAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the AC
(Automotive Commercial) District, as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
Lots 19 through 27, Block 11, Osceola Park, according
to the Plat thereof recorded in Plat Book 3, Page 2,
of the Public Records of Palm Beach County, Florida,
less right-of-way of State Road No, 5 (U.S. Highway
#1), and less the South 5 feet of Lot 27).
The above described parcel contains 1. 35 acres of
land, more or less.
The subject property is located on the S.E. 5th
Avenue, between S.E. 6th Street and S.E. 7th Street,
Delray Beach, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective irrune-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
. Second Reading
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REZONING FROM GC TO AC
O. C. TAYLOR JEEP EAGLE
'-,,'
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C I T Y COM MIS S ION 0'0 CUM E N TAT ION
TO: DAVID T. HARDEN, CITY MANAGER~
~~~~~~~~ ~~
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: ;p~~LANNER II
SUBJECT: MEETING OF FEBRUARY 11, 1992
, SECOND READING FOR D.C. TAYLOR REZONING FROM GC TO AC
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on second reading of the rezoning ordinance
affecting the O.C. Taylor property by changing designations
from GC (General Commercial) to AC (Auto Commercial).
Also, subsequent to first reading, a request for waivers to
minimum lot requirements has been requested.
The O.C. Taylor property is comprised of 1. 35 acres and is
located on the west side of Federal Highway between S.E. 6th
and 7th Streets.
BACKGROUND:
The City Commission considered the rezoning ordinance for O.C.
Taylor on first reading at their January 14, 1992 meeting. The
applicant presented information relating to other auto use sites
within the City. The City Commission passed the ordinance on
first reading and requested additional information from staff on
the history of the Acura Dealership (Federal Highway and N.E. 7th
Street) and the Izuzu Dealership (Federal Highway and Lindell
Boulevard) . History briefs for the Acura, Izuzu and D.C. Taylor
are attached. The following is a summary of the briefs:
Izuzu - The .986 acre site received SAD zoning, Conditional
Use and Site Plan approval on November 13, 1984 for an auto
dealership. As the site was operating under an approved
SAD, Conditional Use and Site Plan, the site was rezoned
from SAD to AC with the LDR adoption.
"
City Commission Documentation
Second Reading of O.C. Taylor Rezoning From GC to AC
Page 2
Acura - JI'he entire dealership contains 2.09 acres and was
approved under two Conditional Use requests on August 26,
1986. The .first Conditional Use request was for an auto
dealership on the lots currently located in the AC zone
district (west half of site). The second Conditional Use
was approved as an off street parking lot for employee and
customer parking only for the lots currently zoned RM (east
half of the site). A recent site visit reveals that both
display and serviced vehicles are parked on the RM property
in violation of Conditional Use approval.
O. C. Taylor - The original dealership was established as
Gordon Motors in 1972 (Lots 19-24). No records of
Conditional Use or Site Plan approval are noted. On August
22, 1986 a major modification to a Conditional Use and Site
Plan was approved, allowing expansion south into Lots 25-27.
In September, 1990 with rezoning associated with LDR
adoption this parcel, along with the commercial area from
S.E. 3rd Street to S.E. 10th Street, was changed from SC to
GC.
Subsequent to first reading, by letter of February 3, 1992, the
applicant is seeking a waiver from minimum lot size and lot depth
standards only for the purpose of operating a full service
automotive dealership. Presumably, the waiver would not run with
land; thus, a use change to "used car sales" (or similar
principal use) could be rejected at a future date because it does
not qualify with respect to a conforming lot for the desired
use. I have a problem with this rational but I defer to the
City Attorney.
To grant the request, the City Commission must find that the
existing use was legally established [Ref: 4.4.10(F)(2)].
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on this item
at its meeting of December 16, 1991. After a lengthy discussion
the Board recommended denial on a 4-2 vote (Parker and Krall
dissenting).
ACTIONS BEFORE THE COMMISSION:
1. Deny the rezoning request for O. C. Taylor based on the
findings of the Planning and Zoning Board.
2. Approve the rezoning based upon a finding that the use was
previously, legally established and granting the rezoning
will not adversely effect adjacent or nearby properties.
,
City Commission Documentation
Second Reading of O.C. Taylor Rezoning From GC to AC
Page 3
3. If approval is granted, then grant a waiver to lot depth and
area requirements for the use of a full service automobile
dealership only based on a finding that the specific use had
previously been legally established.
Attachment:
* History Briefs
* Copy of Applicant's Dealership Comparison
PD/#44/CCOCTAY.DOC
'.
.)//.I e: (~4 mana~.i.J
lhv;ci .tOvac~
rrD KECEIVED
SPINNlllHo DITTMAN, FEDERSPIEL a DOWLING fEB 4 1992
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS CITYCOMMtSSION
501 EAST ATLANTIC AVENUE
- DELRAY BEACH, FLORIDA 33483
(4071 276-2900
ROBERT A, DITTMAN FAX
DONALD C. DOWLING (4071 276-5489
ROBERT W, FEDERSPIEL, p, A. WEST PALM BEACH LINE
.JOHN W, SPINNER February 3, 1992 (4071 736-0400
City Commission of the
City of Delray Beach
100 N,W. First Avenue
Oelray Beach, FL 33483
Re: Arthur Taylor Petition for
Rezoning, File No. 2153.68
Dear Mayor Lynch:
With respect to the rezoning of our client's property which was formerly the Jeep/Eagle dealership
and pursuant to Section 4.4,10(F) of the City of Oelray Beach Land Development Regulations, we
would request a waiver from the following requirements for purposes only of operating a full service
automotive dealership:
A. The 1t acre requirement set forth in LOR Section 4.4.10(F)(2)(a);
B. The lot depth requirement set forth in LOR Section 4.4.1O(F)(2)(c).
We would request the City Commission to approve these waivers simultaneously with the rezoning on
second reading of the subject property to AC.
Thank you for your consideration,
Sincerel y,
_/ERT w. F7SPIEL. P.A. V. mCCIERWllEJD)
RWF:kp R:::'e"p;el ~ FEll &i it992
PLANNING & ZON ING
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Approved by Arthur J. Taylor: (j/jj;Jj
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OELRAY IZUZU - HISTORY BRIEF -,
File No. 0-1&9 (Annexation), 1-159 (Rezoning), 6-116 (Site Plan)
Contains .986 Acres
P&Z Workshop, February 28, 1984 - Proposal to establish auto
dealership presented/feed back given.
P&Z Workshop, May 31, 1984 - Land Use Amendment proposed for .35
acre parcel of .70 total to go from MF to C. Proposal included
a rezoning request to SC for the entire .70 acre total along
with annexation. Board suggested SAD so there was more control
if abandonment of use occurred.
P&Z Workshop, June 28, 1984 - Discussed proposal to annex .70
acres (Lots 40-50) with SAD zoning and Conditional Use and Site
Plan approval for Auto Dealership.
P&Z Regular Meeting, July 16, 1984 - P&Z recommended denial of
Annexation, Rezoning, Conditional Use and Site Plan based on the
following:
- the site was too small to accommodate the use;
- alternative off site storage proposal not acceptable;
- inconsistent with Land Use Plan;
- Engineerfs memorandum of July 10 (Platting and driveway
alignment) .
CC Discussion on August 14, 1984 - Owner's agent indicated the
owner had approached the land owner to the east and had entered
into a purchase agreement for four additional lots (Lots 51-54)
for future expansion. No objection noted by Mayor as long as
the use could be expanded and proper buffering between
commercial and residential properties provided. Petition
amended from .70 acres to .986 acres to include Lots 51-54.
CC First Reading, October 9, 1984
- Ordinance No. 82-84 Annexation
- Ordinance No. 83-84 Rezoning, Conditional'Use and Site Plan
Both Ordinances were approved on First Reading.
CC Second and Final Readinq, November 13, 1984
- Ordinance No. 82-84 Annexation
- Ordinance No. 83-84 Rezoning, Conditional Use and Site Plan
Both Ordinances were approved on Second Reading.
Delray Izuzu - History Brief
Page 2
-
CC Meetinq, September 25, 1990 LDR Adoption Ordinance 25-90 -
Property rezone~ from SAD to AC to accommodate existing use.
The designation was given to the parcel because it had a valid
Conditional Use approval.
PD/#43/IZU.DOC
'I
ACURA - HISTORY BRIEF
File No. 6-158
Contains 2.09 Acres
Preliminary Staff Review, June 11 , 1985 - Existing zoning of SC
and RM in part identified. Conditional Use for Auto Use
required for SC portion and Conditional Use for off street
parking area required in RM portion.
Planning and Zoninq Board Recommends Approval of CU and SP on
August 13, 1986
CC Approves CU and SP on Auqust 26, 1986
Conditional Use Approval for:
- East half of site - off street parking area -
employee/customer parking only - no display or bull
pen parking permitted.
- West half of site - automobile dealership - automotive
sales with associated uses of automobile paint and
body shop and automotive repair shops and garage.
CC Approves Alley Abandonment on October 1, 1986
The 16 f alley located between the commercially zoned lots and
the residentially zoned lots was abandoned via Resolution No.
64-86.
CC Meetinq of September 25, 1990 (LOR Adoption) Ordinance No.
25-90
SC lots were changed to AC.
RM-I0 lots were changed to RM (off street parking areas was
eliminated as a use either permitted or conditional in this zone
district. No specific discussions were noted for this parcel in
minutes of the LOR adoption hearing.)
PO/#43/ACURA.OOC
O.C. TAYLOR - HISTORY BRIEF
File No. 6-l~5
Contains 1.315 Acres
Gordon Motors constructed in 1972 on Lots 19-24. No record of
site plan approval but building permit plans are on file with
the Building Department.
P&Z Regular Meeting, August 18, 1986 - P&Z recommended approval
of the Conditional Use and a major Site Plan modification for
expansion of the use onto Lots 25-27 to the south.
CC Regular Meeting, August 22, 1986 - Approved t~e Conditional
Use and a major site plan modification for Lots 25-27.
Board of Adjustment Meeting, August 25, 1988 - Request for a
variance from the front setback to allow enclosure of overhead
canopy area. The variance was denied as insufficient hardship
demonstrated.
CC Meeting, September 25, 1990 LOR Adoption Ordinance No. 25-90
- The zoning of this parcel along with the commercial area from
S.E. 3rd Street to S.E. 10th Street was changed from SC
(Specialized Commercial) to GC (General Commercial).
PD/#43/0CT.DOC
<.
,
.
PLAHNING AND ZONING DEPARTMENT MEMORANDUM
TO: Planning and Zoning Board Members
FROM: py~~~:rnner II
DATE: December 9, 19 1
RE: REZONING FROM GC TO AC (O.C. TAYLOR)
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on
a proposed rezoning from GC (General Commercial) to AC (Auto
Commercial) .
The subject property is located on S.E. 6th and 7th Streets. It
contained several dealerships, the latest being the O.C. Taylor
Jeep Eagle Dealership. It is anticipated that Hundi will soon
occupy this facility.
BACKGROUND:
This item was originally scheduled for Board action on November
18, 1991 but a continuance to the December 16, 1991 was
requested by the applicant's attorney.
Since the last meeting (November 18, 1991) additional background
history has been uncovered. The expansion of the use on lots
25-27 (parking area south of existing building) was reviewed and
recommended for approval by the Planning and Zoning Board on
August 18, 1986. The City Commission approved the Conditional
Use and Site Plan Modification on August 22, 1986. The approval
included construction of parking on lots 25-27 and landscape
improvements to the balance of the site.
The improvements to lots 25-27 along with some of the landscape
upgrades to the balance of the site were provided. However, in
reviewing the records a landscape sign-off on the expansion was
not given. Further, though most of the landscape improvements
were initially provided they have been allowed to deteriorate to
their currently unacceptable condition. While compliance with
the previous site plan approval is enforceable via the Code
Enforcement process it would be a good faith gesture, if the
applicant were to provide upgrades with this request.
JII.r-.
1
To: Planning and Zoning Board Members
Re: Rezoning From GC To AC (O.C. Taylor)
December 9, 1991
Page 1.
PROJECT ANALYSIS:
- discussions with the applicant's attorney he has
In further
contended that an error was made in the rezoning action of
October 1990 which changed the property from SC to GC. Pursuant
to Section 2.4.5 (D) valid reasons for a rezoning include the
following;
That the zoning had previously been changed, or was
originally established, in error;
The property was changed from SC to GC in October, 1990 during
rezoning associated with the adoption of the LDRfs. Similar
properties in the area (Dennis Fronrath and Wallace Nissan) were
also slated for similar rezoning action. During final public
hearings attorneys representing Mr. Fronrath and Mr. Wallace
were successful in modifying the rezoning actions to obtain AC
zoning designation for their clients. Although no specific
discussions are noted in the minutes for this property, given
the similar location it is reasonable to assume that O,C.
Taylor's property was identified as SC zoning which was to be
consciously changed to GC. As the site does not contain the
minimum requirement of 1.5 acres, the change may have been
implemented to make the use nonconforming in a hope to "phase it
out". Given the above, staff believes an error was not made
with the zoning change to GC.
However, the applicantfs attorney contends that when a broader
definition of error (to include mistakes,) is utilized the
proposed rezoning meets a valid reason pursuant to Section
2.4.5.(D). The applicantfs attorney argues that similar
properties with similar characteristics (Le. , less than 1.5
acres minimum) did receive an AC zoning designation in October,
1990 (Fronrath and Wallace) or after 1990 through corrective
ordinances (Wallace) .
ASSESSMENT:
The main impact of the rezoning request is to take the auto
dealership use from itfs current nonconforming status and place
it into a conforming status. If the initial placement of GC
(General Commercial) designation on the property in October,
1990 was intended to make the use nonconforming; thereby,
providing the vehicle to phase it out over time, then approval
of the rezoning request is not recommended.
If the applicant's argument that a error was made is valid and a
recommendation of approval is forwarded to City Commission, a
recommendation regarding waivers to the minimum depth (200' ) and
size (1.5 acres) requirement [Section 4.4.l0.(F)(2)] is also
appropriate.
'"
.
To: Planning and Zoning Board Members
Re: Rezoning From GC To AC (O.C. Taylor)
December 9, 1991
Page 2
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the Rezoning request based on
incompatibility with adjacent Land Uses, as well as, a
failure to demonstrate that the proposed zoning change meets
one of the valid reasons pursuant to Section 2.4.5(D)(1) and
a failure to meet minimum LDR compliance with respect to
minimum lot size.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Section 3.3.1 (Required
Finding) , 3.3.2 (Performance Standards) and Section
2.4.5(D){1) (Reasons for Rezoning).
D. Defer action on the request if the applicant proposes
concurrent processing of a Conditional Use request which
would firmly establish the use.
STAFF RECOMMENDATION:,
Recommend denial of the rezoning request based upon a failure to
make positive finding with respect to Section 3.1.1
(Compatibility and LOR compliance) and failure to provide a valid
reason pursuant to Section 2.4.5 in that:
a) An incompatibility exists with adjacent residential uses.
b) The site does not conform to minimal standards for the
establishment and maintenance of an automobile dealership or
sales facility.
c) An error was not made in the rezoning action of October of
1990.
Attachment: November 18, 1991 staff report
PO/.41/TAYLOR
PLANNING & Z0NING BOARD
(~ITY OF DELRA Y BEACH --- S r AFF REPORT ---
MEETINGDA TE: November 18. 1991
AGENDA ITEM: IILC.
ITEM: RezoninR from G,C. to'A.C.. a.c. Taylor Dealership on S. Federal Hwy, (Former ~~C)
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GENERAL DATA:
Owner, , , , . . . , , , . . . . , . . . . . . . . . . Arthur J. Taylor
Agent..."""." ,.,... ,.,.. ..Robert W, Federspiel
Loe a t ion. . . . . . . . . . . . . . . . . .. . . . . On S. E. 5th Avenue, between S.E,
6th Street and S,E. 7th Street,
Property Size""..""... ..,,1,35 Acres
City Land Use Plan...........,General Commercial
City Zoning.,..,....".... ,.,.GC (General Commercial)
Adjacent Zoning."."..., ,., "North: GC
East: GC
South: GC
\-Jest: R-IA (Single Family
Residential)
Existing Land Use" ""."., "Full service autcrnotive dealership,
Proposed Land Use.............Full service au~omotive dealership,
Water Service.,...""." "."Existing 16" 'hater main along the
south side of S.E, 6 Street, a 12"
line along the west side of S,E,
5th Avenue, and a 12" line along
the north side of S.E. 7th Street.
Sewer Service.................Existigg 10" sanitary sewer line
along S.E. 7th Street, and a 8"
line within the a lley to the west of 11
"I th~ subject 9rc~~rty.
,
" P&Z Staff Repol
C.C. Taylor Jeep Eagle Dealership-Rezoning ~rom GC to AC
Page 2
..-,.-
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval"of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the staff report or minutes. Findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four areas.
Future Land Use Map:
(The use or structures must be allowed in the zoning district and
the zoning district must be consistent with the land use
designation.)
The use of an auto dealership is allowed within the AC
zoning district. The AC (Auto Commercial) zoning
designation is consistent with the General Commercial Land
Use designation.
* The Comprehensive Plan contains specific auto location
policies which summarized state: Auto uses shall not
be permitted in the caD or area from a block north aT
three blocks south of Atlantic Avenue on Federal.
* New dealerships shall not locate nor shall existing
dealerships expand south of N.E. 6th Street provided
however, that automobile dealerships south of N.E. 6th
Street may expand onto adjacent property which is
currently in an auto related use and which is zoned to
allow such use.
It is noted that these policies were to be modified
with the processing of Amendment 91-1J but were
inadvertently removed in their entirety.
Concurrency:
Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided
pursuant to levels of service established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of to,}, e
occupancy permit;
P&Z Staff Repo
O.C. Taylor Jeep Eagle Dealership-Rezoning From GC to AC
Page 4
~ompatibility with the residential property to the west
is a concern. The existing site conditions provide a
chain link fence with no landscaping along Lots 19-22,
and a dirt and rock landscape strip without sod,
hedging or trees on Lots 23 and 24. On Lots 25 through
27 a solid wall and trees exist. The required hedge
along the east side of the wall has not been provided.
Adjacent property compatibility can be enhanced through
application of specific regulations of Section
4.6.l6(H)(J)(e) (Perimeter Landscape Requirements).
These regulations apply to the existing zoning
designation as well as the proposed AC designation.
Pursuant to Section 4.4.16(H)(J) (Perimeter
Landscaping) a strip of land at least five (5) feet in
depth is to be located between the off street parking
area or vehicular use area and the right-of-way shall
be landscaped. Within the landscape area a hedge shall
be placed along the interior of the landscape strip and
trees 25' on center pursuant to Section
4.6.16(H)(J)(e) .
B) Pursuant to Section 2.4.5(D)(1) a justification statement
providing the reason for which the change is being sought
must accompany all rezoning requests. The code further
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
Pursuant to Section 2.4.5(D)(5) the City Commission is required
to make a finding that the petition will fulfill one of these
reasons. The applicant submitted a justification statement which
states the following reasons for the change being sought:
"The previous zoning of SC (Specialized Conunercial) allowed
the subject full service automotive dealership and the
applicant feels that the zoning was changed in error.
The requested zoning is of similar intensity as allowed
under the Future Land Use Map and, due to the reasons stated
above, is more appropriate for the property based upon
circumstances particular to the site and/or the
neighborhood.
'!
P&Z Staff Repo
O.C. Taylor Jeep Eagle Dealership-Rezoning rrom GC to AC
Page 6
REVIEW BY OTHERS:
Community Redevelopment Agency:
The development proposal is in a geographic area requiring review
by the CRA (Community Redevelopment Agency). The CRA reviewed
the request at their November 7, 1991 meeting. While the Board
did not have any major problems with the proposal of board
member, Kathi Sumrall, queried that the original Planning and
Zoning rationale when the property was rezoned to GC was the hope
that the operation would be phased out. The attempt to phase the
use out may have been in consideration for the residential uses
to the rear of the property (west border).
Other:
A special notice has been provided to the president of the
Barrton Condominiums. As of this writing there has not been a
response from the Barrton.
ASSESSMENT AND CONCLUSIONS:
The main impact of the rezoning request is to take the auto
dealership use from current nonconforming status and place it
into a conforming status. If the initial placement of GC (General
Commercial) designation on the property in October, 1991 was
intended to make the use nonconforming; thereby, providing the
vehicle to phase it out over time, then approval of the rezoning
request would not be recommended. In reviewing documentation
relating to the adoption of the LDRfs, no information to this
effect was found. If phasing out the use was not the intent and
the Board is willing to acknowledge the use as one which is
desired and will be continued on less than 1.5 acres of property
then approval of the rezoning would be appropriate.
In reviewing the site many deficiencies were noted. The
deficiencies along the west property line impact the
compatibility of the use with adjacent properties. While it is
not appropriate to condition a rezoning on the processing of a
site plan modification bringing the site up to code, it might be
appropriate to delay second and final reading until a good faith
effort to upgrade the site is undertaken.
.
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\UGUST 1'986 CONDITIONAL USE APPROV AL
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SPINNER. DITTMAN. FEDERSPIEL 8: DOWLING fEB 4 1992
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS CITY COMMISSION
501 EAST ATLANTIC AVENUE
DELRAY BEACH, FLORIDA 33483
(407) 276-2900
ROBERT A, DITTMAN FAX
DONALD C, DOWLING (407) 276-5489
ROBERT W, FEDERSPIEL, p, A, WEST PALM BEACH LINE
JOHN W, SPINNER February 3, 1992 (407) 736-0400
City Commission of the
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33483
Re: Arthur Taylor Petition for
Rezoning, File No. 2153.68
Dear Mayor Lynch:
With respect to the rezoning of our client's property which was formerly the Jeep/Eagle dealership
and pursuant to Section 4.4.10(F) of the City of Delray Beach Land Development Regulations, we
would request a waiver from the following requirements for purposes only of operating a full service
automotive dealership:
A. The 11 acre requirement set forth in LDR Section 4.4.10(F)(2)(a);
B. The lot depth requirement set forth in LDR Section 4.4.1O(F)(2)(c).
We would request the City Commission to approve these waivers simultaneously with the rezoning on
second reading of the subject property to AC.
Thank you for your consideration.
Sincerely,
~~ERT W. FE1SPfEL, P.A.
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Approved by Arthur J. Taylor: wil)))
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (-',:
SUBJECT: AGENDA ITEM t 10 ~ - MEETING OF FEBRUARY 11. 1992
ORDINANCE NO. 2-92
DATE: February 7, 1992
This is a second reading of an ordinance repealing Subparagraph
4,4,10 (G)(S)(d) of the Land Development Regulations to eliminate all
language regarding banners in the AC (Automotive Commercial)
district.
This item is a result of staff discussion with the Planning and
Zoning Board regarding the use of banners for promotional and special
event activities throughout the City. During the discussion it was
noted that the LDRs contained language permitting and regulating the
use of banners in the AC zoning district, Initially, staff proposed
amending the language in the sign code to permit the use of banners
for special event activities under certain conditions. However, the
Planning and Zoning Board voted not to add new language for banners
and to repeal all language regarding the use of banners in the AC
zoning district,
Separately, the use of banners at city facilities will be considered
after recommendations are recei yed from the Old School Square Sign
Committee.
Recommend approval of Ordinance No, 2-92 on second and final reading,
pGJy~ Ii ~ I CmcuuJ cLssumn9)
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! ORDINANCE NO. 2-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4,10, "AUTOMOTIVE COMMERCIAL
(AC) DISTRICT", SUBSECTION 4,4.10(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SUBPARAGRAPH 4.4.10(G) (5) (d) TO ELIMINATE
ALL LANGUAGE REGARDING BANNERS IN THE AUTOMOTIVE
COMMERCIAL (AC) DISTRICT; BY RELETTERING SUBPARAGRAPHS
4,4,10(G) (5) (e) AND 4,4,10(G) (5) (f); PROVIDING A
SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoninq Requlations", Section
4,4.10, "Automotive Commercial (AC) District", Subsection 4,4.10(G),
"Supplemental District Requlations", Subparaqraph 4,4,10(G) (5) (d) of the
Land Development Requlations of the City of Delray Beach, Florida, be,
and the same is hereby repealed in its entirety.
Section 2. That Subparaqraph 4.4.10(G) (5) (e) and Subparaqraph
4 . 4 . 10 (G) (5) (f) be, and the same are hereby relettered to Subparaqraph
4,4.10(G) (5) (d) and Subparaqraph 4.4.10(G) (5) (e), respectively.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paraqraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such
decision shall not affect the validity of the remainder hereof as a
whole part thereof other than the part declared to be invalid.
Section 4, That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 5, That this ordinance shall become effective ten (10)
days after its passaqe on second and final readinq.
PASSED AND ADOPTED in reqular session on second and final
readinq on this the day of , 1992.
MAYOR
- ATTEST:
City Clerk
First Readinq
Second Readinq
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MEMORANDUM
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TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT: PROPOSED AMENDMENTS !Q SEC. 4.4.10 (G) (5) (d), "BANNERS-
DATE: JANUARY 7, 1992
ITEM BEFORE THE COMMISSION:
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Commission consideration is requested to appeal Sec. 4.4.10
(G)(5)(d) of the LOR's governing the use of banners in the AC
Districts.
BACKGROUND:
Staff was before the Planning and Zoning Board on December 9th to
discuss the use of "banners" for promotional and special event
activities throughout the City. The discussion of the
restrictions on the use of banners came about as a result of many
requests from various businesses for promotional and special
event activities.
Staff also discovered language permitting and regulating the use
of banners under the AC zoning district. Staff proposed language
to P & Z for their consideration that would amend Sec. 4.6.7
(0)(3) of the sign code by adding a new section, which would
permit the use of banners for special event activities under
certain conditions and to repeal Sec. 4.4.10 (G) (5) (d) under the
AC zoning district, adding the same language to Sec. 4.6.7 of the
sign code.
On December 16, 1991, following a public hearing on proposed text
changes, the Planning and Zoning Board voted 6-0 not to add new
language for banners in Sec. 4.6.7 (D) (3) as suggested by staff,
but to repeal all language regarding the use of banners under
Sec. 4.4.10 (G) (5) (d) in the AC zoning districts. The use of
banners at city facilities will be considered separately after
recommendations are received from the OSS sign committee.
RECOMMENDATIOl{:
We would recommend that the City Commission approve the proposed
amendment to Sec. 4.4.10 (G) (5) (d), which eliminates all
language regarding banners in the AC districts as recommended by
the Planning and Zoning Board and staff. No other changes
regarding the use of banners are proposed at this time.
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MEMORANDUM
TO: DAVID KOVACS, DIRECTOR, PLANNING & ZONING
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
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RE: PUBLIC HEARING ON PROPOSED AMENDMENTS TO SECTION 4.6.7(0) (3),
SECTION 4.4'.10(G) (5) (d), -BANNERS- -
DATE: DECEMBER 12, 1991
ITEM BEFORE THE BOARD:
Public Hearing on proposed amendments to Section 4.6.7(3)
governing the use of "Banners" and amendments to Section
4.4.10(G) (5).(d) of the AC District. The proposed language was
reviewed at the P&Z workshop meeting on December,th and proposes
to expand the use of such banners.
BACKGROUND:
The use of banners is currently addressed under Section
4.6.7(D) (3) (l) (Sign Code) and Section 4.4.10(G) (5) (d) as follows:
A grand opening banner is permitted to be displayed two (2) weeks
before and after a business opening. The Banner cannot exceed an
area of 50 sq. ft. , and shall not exceed 15' in height. Colors
are limited to white, black, blue and red or any combination
thereof, and
AC Zoning District Regulations provides for Banners to be used in
conjunction with special events and promotions at full service,
new car dealerships. The banners may be used up to six (6) times
per calendar year, for no more than 5 days in anyone month.
Text, color, size, location and the number of banners shall be
approved by SPRAB. No bond requirement.
Proposed language to amend this section shall read as follows:
SPECIAL EVENT/PROMOTION BANNERS
(1) Same as current language under Section 4.6.7(0)(3) (l) - no
changes are being made to this section.
CHANGES:
(2) Banners may be permitted to be used in conjunction with
special event activities sponsored by clubs, organizations or
businesses. Such banners may be exhibited a maximum of four (4)
times per calendar year, for no more than one week preceeding the
event, and the banner shall be removed within 2 days after the
even t. No more than one (1) banner is permitted at the location
of the event. In cases of a special event activity located at a
shopping center or malls, no more than one banner may be
displayed. Text, size, and location of the banner shall be
approved by SPRAB. The applicant for banner approval must provide
a $100 refundable deposit to cover the cost of banner removal.
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Banners - P & Z
December 12, 1991
Page 2
(3) Banners may-be used in conjunction with special events and
promotions at full service, new car automobile dealerships and
when pursuant to the following:
- Not to be located within special or perimeter landscape
areas nor attached to vehicles or light poles, nor located
higher than the roof line the building it is attached to:
- Not to be displayed for a consecutive period of five days,
nor more than five days in anyone month, not on more than
six occasions each calendar year: and,
- Text, color, size, location and number shall be approved by
the Site Plan Review and Appearance Board.
- A $100 refundable deposit to cover the cost of removal must
be provided.
Provides for the elimination of this section under the AC
District.
LB:DQ
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Banner2.PZ
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER .A.-/.'
SUBJECT: AGENDA ITEM # /0 C - MEETING OF FEBRUARY 11, 1992
ORDINANCE NO, 3-92
DATE: February 7, 1992
This is the second reading of an ordinance amending Section
54.32{B){1) of the City's Code of Ordinances to correct an inaccurate
reference to the number of gallons of metered water upon which the
residential sewerage commodity charge is based,
While the code currently reflects a 15,000 gallon cap, a 12,000
gallon cap was agreed to when Ordinance No, 60-90 (which increased
sewer rates and charges) was under discussion, Also, the City is
currently billing based on 12,000 gallons, This change should have
been incorporated in Ordinance No, 60-90, but was inadvertently
omitted from that document. This ordinance will correct that error,
Recommend approval of Ordinance No. 3-92 on second and final reading,
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ORDINANCE NO. 3-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 54, "SEWERS", SUBHEADING " RATES
AND CHARGES", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
54.32, "SERVICE RATES AND CHARGES" , SUBSECTION
(B) (1), TO CORRECT THE NUMBER OF GALLONS ON WHICH
THE COMMODITY CHARGE IS BASED; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 54,
"Sewers", Subheading "Rates and Charges", Section 54.32, "Service
Rates and Charges", Subsection (B) (1), of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(B) The following rates and charges shall be collected
from the users of the city sewerage system:
(I) Residential dwelling units. A monthly
sanitary sewerage service charge is imposed upon each residential
dwelling unit, as more specifically set forth hereinafter, to
which sanitary sewerage service is available through the
facilities afforded by the municipally-owned sewerage system.
according to the following schedule:
Residential Inside City Outside City
(a) Capacity charge
(per residential
dwelling unit) $9.10 $11.38
(b) Commodity charge
(based on metered water
with maximum of 15/000
12,000 gallons):
City (per 1,000
gallons) .81 1. 01
(c) Customer charge 1. 78 2.23
(d) South Central
Regional Wastewater
Treatment and
Disposal Board
(per 1,000 gallons) .71 .88
Note: Where no water service is provided, there
shall be a monthly customer charge of $5.00 per residential
dwelling unit, and the commodity charge shall be based on the
maximum of 12,000 gallons.
Section 2. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid,
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- Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4, 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 , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER
SUBJECT: AGENDA ITEM it /0 :D- MEETING OF FEBRUARY 11. 1992
ORDINANCE NO. 4-92
DATE: February 7, 1992
This is a second reading of an ordinance amending the Land
Development Regulations to provide that the Board of Construction
Appeals shall hold at least four regularly scheduled business
meetings each year, provided there is business to be considered,
As written, current regulations require the Board of Construction
Appeals to meet four times a year regardless of whether there is any
business to be considered. There were several occasions in 1991 that
the Board did not have cases to be decided by them at their
meetings i therefore, the Board is seeking Commission approval of
this proposed amendment,
Additionally, the Board of Construction Appeals, at their December
18, 1991 meeting voted unanimously to change their meeting dates from
5:00 p.m. on the third Wednesdays in March, June, September and
December to the first Wednesday in each of those months, If
approved, the Board of Construction Appeals Rules will also need to
be amended,
Recommend approval of Ordinance No, 4-92 on second and final reading
and approval of a modification to the Rules of the City of Delray
Beach Board of Construction Appeals with regard to a change in
meeting dates from 5:00 p.m, on the third Wednesdays in March,
June, September and December to the first Wednesday in each of
those months.
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[ITY DF DElHAY BEA[H '
CITY ATTORNEY'S OFFICE 200 NW 1s1 AVENUE. DELRAY BEACH, FLORIDA 33444
FACSIMILE 407n78.47SS
DLz:o_c1:. LLI"I_
( 40't.~243-7091
MEMORANDUM
DATE: December 26, 1991
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Meetinq Dates of the Board of Construction Appeals
The Board 'of, Construction Appeals ,is required by, ordinance to
meet' on the ,th!,rd' Wednesday, of March, June, September and
December at 5:00 p.m. The: Board of Construction Appeals, at
its meeting of December ,18, 1991, held a meeting 'pursuant to
,the re~ed meeting, ' schedule contained in the City' s Land
DevelopiMmt Regulations. - -
At the meeting ,the Board voted unanimously to change their
meeting dates to the first Wednesday of March, June, September
and December at 5:00 p.m. instead of the third Wednesday of the
aforementioned months.
In addition, the Board, by vote, was desirous 'of including
language that stated that they would be required to meet on the
first Wednesday of'March, June, September and December only if
there was business to be considered by the Board. The Board of
Construction Appeals has not, in the past year, had cases to be
decided by them at each of their meetings. It is the consensus
of the Board-that if there are not cases, or oth~r matters to be
considered that the Board should not have to leave their
businesses and make other arrangements-to meet.
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...In light, of the Board of Construction Appeals.,_vote, our office ._
has prepared an amendment to the Land Development Regulations
and to the Rules of the City of Delray Beach Board of
Construction Appeals to reflect their vote of December 18, 1991
modifying the meeting dates ,and also establishing that no
meeting need be held if there is not business to be considered
before the Board.
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City Commission
December 26~ 1991
Page 2
Our office was directed to prepare this ordinance and place it
before you for your consideration. The City Commission must
also consider the change in the rules reflecting.the ordinance
requirements.
By copy of this memorandum to David Harden, City Manager, our
-office is requesting that the ordinance amendment and amendment
to the Board of Construction Appeals Rules be placed on an
appropriate City Commission Agenda for their consideration.
Attachment
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:; cc David Harden, City Manager
David Kovacs, Director of Planning and Zoning
Alison MacGregor Hardy, City City Clerk
Lula Butler, Director of Community Improvement
Jerry,Sanzone, Chief Building Official
Anita Barba, Board Secretary/Liaison
j C~rman of the Board of Construction Appeals
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ORDINANCE NO. 4-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO,
"ADMINISTRATIVE PROVISIONS", SECTION 2,2.5, "THE
BOARD OF CONSTRUCTION APPEALS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBSECTION 2,2,5(C) (1), TO PROVIDE THAT THE BOARD
OF CONSTRUCTION APPEALS SHALL HOLD AT LEAST FOUR
REGULARLY SCHEDULED BUSINESS MEETINGS EACH YEAR,
PROVIDED THERE IS BUSINESS TO BE CONSIDERED 1
PROVIDING A SAVING CLAUSE 1 PROVIDING A GENERAL
REPEALER CLAUSE1 PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City conunission of t,he City of Delray
Beach, Florida, has provided that the Board of Construction
Appeals shall hold at least four regularly scheduled business
meetings each year1 and,
WHEREAS, the Board of Construction Appeals has
reconunended to the City Conunission that it would be appropriate
for the Board of Construction Appeals to hold at least four
regularly scheduled business meetings each year if there is
business to be considered before the Board1 and,
WHEREAS, the City Conunission recognizes that the
members of the Board of Construction Appeals must take time from
their families and businesses in order to give their time to the
City and understands that if there is not business to be held
before the Board, that it is unnecessary for the Board to hold a
regular meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative
Provisions", Section 2,2,5, "The Board of Construction Appeals",
Subsection 2,2.5(C), "Meetings and Quorum", Subparagraph (1) , of
the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(C) Meetings and Quorum:
(1) The Board shall hold at least four regularly
scheduled business meetings each yearJL
provided there is business to be conducted by
the Board.
Section 2, That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid,
Section 3, That all ordinances or parts of ordinances
in conflfct herewith be, and the same are hereby repealed.
Section 4, That this ordinance shall become effective
inunediately upon passage on second and final reading,
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PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1992,
MAY 0 R
ATTEST:
City Clerk
First Reading:
Second Reading:
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RULES OF THE CITY OF DELRAY BEACH
BOARD OF CONSTRUCTION APPEALS
ARTICLE I. GENERAL GOVERNING RULES: The Board of
Construction Appeals (hereinafter referred to as the Board) shall
be governeQ by Article 2.2 of the Land Development Regulations of
the City of Delray Beach, as amended, and the Rules of Procedure
set forth herein, as adopted by the Board and approved by the
City Commission.
ARTICLE II. SPECIAL GOVERNING RULES: The Board shall also be
governed by Article 2.4 of the Land Development Regulations of
the City of Delray Beach Code of Ordinances, as amended, and the
Rules of Procedure set forth herein, as adopted by the Board and
approved by the City Commission.
ARTICLE III. OFFICERS; COMMITTEES:
1. The Board shall elect a Chairman and Vice Chairman
annually in the month of September, for a, term of one (1) year
pursuant to Section 2.2.1(D) of the Land Development Regulations
of the City of Delray Beach Code of Ordinances, as amended.
2. The Chairman (or in his absence the Vice Chairman)
shall preside at all meetings and hearings of the Board and
decide all points of order and procedure. The Chairman shall
appoint any committees which may be found necessary.
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3. The recoFding secretary shall be designated by the City
Manager. The recording secretary shall take and transcribe the
minutes of each meeting of the Board and assume all ministerial
duties.
ARTICLE IV.
1. MEETINGS: The Board shall meet every first Wednesday
of March, June, September and December at 5:00 P.M. if there is
business to be considered before the Board, unless there is cause
to hold an interim meeting pursuant to the requirements as set
forth in Section 2.2.1(E) of the Land Development Regulations of
the City of Delray Beach Code of Ordinances, as amended.
2. SPECIAL MEETINGS: A special meeting may be called by
the Chairman subject to compliance with the statutory notice
provisions.
3. QUORUM: A quorum shall consist of five (5 ) voting
members of the Board for all actions. No action of the Board
shall be taken on any matter except upon the concurring vote of
not less than five (5 ) voting members of the Board pursuant to
Section 2.2.5(C) of the Land Development Regulations of the City
of Delray Beach Code of Ordinances, as amended.
4. REPRESENTATION; PERSONAL INTEREST: No member of the
Board shall -appear before the Board or represent before the Board
a person in any matter pending before the Board. No member of
the Board shall hear or vote upon an appeal or motion for re-
hearing in which he is directly or indirectly affected in any
financial way. Whenever a member of the Board has a personal,
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private or profess~onal interest in any matter which comes before
the Board, that member shall, within fifteen (15 ) days after the
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vote occurs, file the proper form with the recording secretary of
the Board pursuant to the provisions of Chapter 112, Florida
Statutes.
5. CONDUCT OF MEETINGS: All meetings shall be open to the
public. The Chairman may administer oaths or require the
attendance of witnesses, and shall administer oaths when hearing
appeals. The order of business at meetings shall be.as follows:
a) Roll Call
b) Approval of minutes of previous meetings
c) Reports of committees
d) Unfinished business
e) Hearing of Appeals
f) New Business
6. ADJOURNED MEETINGS: The Board may adjourn a regular
meeting if all business cannot be disposed of on the day set, and
no further public notice shall be necessary for such a meeting if
the time and place of its resumption are stated at the time of
adjournment and are not changed prior to its resumption.
ARTICLE V. ABSENCES: A Board member's absence from three ( 3 )
consecutive meetings shall constitute an automatic resignation
from the Board by such member, unless said absence is due to
illness or other extraordinary circumstances. Each Board member
shall be responsible for notifying the recording secretary as
promptly as possible of any anticipated absence from a Board
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meeting. Except ,for automatic resignation from the Board, a
Board member may resign by filing a written statement of
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resignation with the recording secretary of the Board. Vacancies
on the Board shall be filled pursuant to Section 2.2.l(F) of the
Land Development Regulations of the City of Delray Beach Code of
Ordinances, as amended.
ARTICLE VI. RIGHTS; POWERS, PRIVILEGES AND DUTIES:
1. APPEALS: Shall be taken within a reasonable period of
time, not to exceed ten (lO ) days of the action being appealed
pursuant to the terms of Sections 2.2.5(D) and 2.4.7(E) of the
Land Development Regulations of the City of Delray Beach Code of
Ordinances, as amended.
2. HEARINGS: Shall be conducted in accordance with the
terms of Section 2.4.2(B) (2) of the Land Development Regulations
of the City of Delray Beach Code of Ordinances, as amended.
3. STAY OF PROCEEDINGS: Shall conform to Section 2.4.7(E)
of the Land Development Regulations of the City of Delray Beach
Code of Ordinances, as amended.
4. DECISIONS: Shall be made pursuant to Section 2.2.5(D)
of the Land Development Regulations of the City of Delray Beach
Code of Ordinances, as amended.
5. PUBLIC NOTICE: Notice of the Public Hearing of the
appeal shall be given in accordance with Section 2.4.2(A) of the
Land Development Regulations of the City of Delray Beach Code of
Ordinances and Florida Statutes.
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6. AMENDMENT: An appeal may be amended at any time or
from time to time prior to or during the Public Hearing of the
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appeal, provided that the amendment does not materially alter the
appeal as published in the public notice so as to make the public
notice of the appeal misleading, or that that amendment does not
request a greater variance from the terms existing ordinances
than that requested by the appeal. In the event the amendment
makes an appeal misleading or requests a greater variance, as
determined by the Chairman of the Board; an amended public notice
shall be given. The applicant shall pay any and all additional
fees necessary for the re-publication of the public notice.
7. DISMISSAL: An applicant may voluntarily dismiss his or
her appeal at any time prior to the commencement of a roll call
vote to decide such appeal, and such dismissal shall be without
prejudice. A voluntary dismissal shall be in writing and filed
with the recording secretary of the Board, unless announced at
the public hearing.
ARTICLE VII. HEARING AND RE-HEARING:
1. Appeals shall be heard in the order of their filing;
amended appeals shall have priority according to the date of the
amendment and public notice.
2. At the public hearing, the applicant or any other
interested parties, in accordance with Section 2.4.2(B) of the
Land Development Regulations of the City of Delray Beach Code of
Ordinances, as amended, may appear on his own behalf or be
represented by a designated agent or attorney. If the applicant
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does not appear on,his own behalf at the public hearing, he shall
file with the recording secretary of the Board, prior to the
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public hearing, a statement, made under oath, authorizing such
other person or persons to represent him at the public hearing.
3. The order of the hearing shall be:
a) Statement of the appeal by the Chairman
b) Supporting argument by applicant
c) Supporting arguments by other interested parties
d) Opposing arguments by City Officials
e) Opposing arguments by other interested parties
f) Rebuttal by those supporting appeal
g) Rebuttal by those opposed to the appeal
h) Final rebuttal by applicant
Witnesses may be called and factual evidence and exhibits
may be presented. The procedures for an appeal lodged pursuant
to Section 2.4.7(E) shall be governed by Section 2.4.2(B) of the
Land Development Regulations of the City of Delray Beach Code of
Ordinances, as amended.
The Chairman may establish appropriate time limits for
arguments, but such time limits shall be equal for both sides.
The Roberts Rules of Order, latest edition, shall be the final
authority on all questions of parliamentary procedure.
4. RE-- HEARING: An applicant may file a written motion for
a re-hearing of any decision rendered by the Board. The motion
shall be filed with the Chief Building Official within ten (10 )
days of the date the decision is rendered. The concurring vote
of five (5 ) members of the Board shall be necessary to grant a
w
motion for re-hear~ng. The motion for re-hearing may be based
upon the following grounds:
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a) Newly discovered evidence which by due diligence
could not have been discovered in time to present at the public
hearing.
b) Fraud, misrepresentation or other misconduct of
any person, who submitted evidence to the Board.
c) Mistake, inadvertence, surprise or excusable
neglect.
d) The Board overlooked or misapprehended any
material points of law or fact. If the Board grants a motion for
re-hearing, public notice of the hearing shall be given at the
cost of the applicant.
ARTICLE VIII. AMENDMENTS; EFFECTIVE DATE:
1. The Rules of Procedure may be amended by the affirma-
tive vote of a majority of five (5 ) members present at any
meeting or special meeting at which a quorum is present. The
proposed amendment must be presented or submitted to the Board
membership at least one (1) week prior to such meeting.
2. These Rules of Procedure shall be reviewed by the Board
at least once a year at any regular or special meeting.
RecommendatIons for proposed amendments to these Rules of
Procedure shall be presented to the Board in writing.
3. The Rules shall become effective fifteen (15 ) days
after their approval by the City Commission.
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These Rules .of Procedure were adopted by the Board of
Construction Appeals on the day of , 1992.
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Chairman
Board of Construction Appeals
Approved by the City Commission on the day of
, 1992.
Mayor, City of Delray Beach
Attest
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER /,
SUBJECT: AGENDA ITEM i (0 E_ MEETING OF FEBRUARY 11. 1992
ORDINANCE NO. 5-92
DATE: February 7, 1992
This is a second reading of an ordinance amending the Code of
Ordinances by enacting a new subsection to provide that the Clerk of
the Court or the Traffic Violation Bureau shall supply the Department
of Highway Safety and Motor Vehicles with a listing of persons who
have three or more outstanding parking tickets for the purpose of
placing administrative stops on the issuance of license plates or
revalidation stickers,
State Statutes permit cities to enhance collection of outstanding
parking tickets by sending a listing to the Department of Highway
Safety and Motor Vehicles, Those persons who appear on the list will
not be issued a license plate or revalidation sticker until the
outstanding tickets are paid.
For 1991, our Police Department issued approximately 8,176 parking
tickets. Of that amount, approximately 5,082 were collected, leaving
3,094 uncollected. At this time, we do not have a method for
determining how many of these are third offenses; however, staff is
currently working to computerize this information,
Recommend approval of Ordinance No. 5-92 on second and final reading,
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[ITY DF DELR,AY BEA[H
CITY ATTORNEY'S OFFICE ~:'" ,'';\,\ ,"t .\\.'E:';L'E " DELRAY ilEACH. FLORIDA 33H4
L\c'Sl\riLE ,Hi727S,r5' W:r1.te:r'. D1.:reClt L1.ne
(407) 243-70.1
MEMORANDUM
DATE: December 31, 1991
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Collection of Parkinq Tickets - Ordinance
At the request of the City Administration, our office has
prepared the attached ordinance implementing Florida Statutes
Section 316.1967(6). The statute permits cities to enhance
collection of outstanding parking tickets by sending to the
Department of Highway Safety and Motor Vehicles, a listing of
those that have three or more outstanding parking violations.
Those persons listed will not be issued a license plate or
revalidation sticker until the outstanding tickets are paid.
By copy of this memorandum to David Harden, City Manager, our
office is requesting this ordinance be placed before the City
Commission for consideration.
Please contact me if you have any questions.
~--f/: ,h
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SAR:ci' /L,
Attachment
cc David Harden, City Manager
Chief Richard Overman, Delray Beach Police Department
parktk.sar
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_ ORDINANCE NO, 5-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC
CODE", CHAPTER 71, "PARKING REGULATIONS", BY
AMENDING SECTION 71. 091, "LIABILITY FOR PAYMENT OF
PARKING TICKET VIOLATIONS", BY ENACTING A NEW
SUBSECTION ( F), TO PROVIDE THAT THE CLERK OF THE
COURT OR THE TRAFFIC VIOLATION BUREAU SHALL SUPPLY
THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
WITH A MAGNETICALLY ENCODED COMPUTER TAPE REEL OR
CARTRIDGE THAT IS MACHINE READABLE BY THE INSTALLED
COMPUTER SYSTEM AT THE DEPARTMENT, LISTING PERSONS
WHO HAVE THREE OR MORE OUTSTANDING PARKING TICKETS
FOR THE PURPOSE OF PLACING ADMINISTRATIVE STOPS ON
THE ISSUANCE OF LICENSE PLATES OR REVALIDATION
STICKERS OF THOSE PERSONS APPEARING ON THE LIST;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, in order to provide a for more effective collection of
outstanding parking ticket fines is desirous of implementing an
ordinance as authorized by Florida Statutes Section 316,1967(6) as
amended by Chapter 91-180 of the Laws of Florida; and,
WHEREAS, Florida Statutes Section 316,1967(6) was amended in
1991 to provide that a City may, by ordinance, require the Clerk of the
Court or the Traffic Violation Bureau to supply the Department of
Highway Safety and Motor Vehicles with a magnetically encoded computer
tape, reel or cartridge which is machine readable by the installe
computer system at the Department, listing persons who have three or
more outstanding parking violations; and,
WHEREAS, the City Commission of the City of De1ray Beach,
Florida, is desirous of having the Department of Highway Safety and
Motor Vehicles mark the appropriate registration records of persons so
reported; and,
WHEREAS, Florida Statutes, Section 320. 03( 8) as modified by
Chapter 91-180 of the Laws of Florida provides that if an applicant's
name appears on the list, no license plate or revalidation sticker shall
be issued until such person's name no longer appears on said list or
until he presents a receipt from the clerk showing that such parking
fines have been paid,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I, (F) , The Clerk of. the Circuit Court or the
Traffic Violations Bureau shall supply the Department of Hiqhway Safety
and Motor Vehicles with a maqnetically encoded computer tape reel or
cartridqe which is machine readable by the installed computer system at
the Department, listinq persons who have three or more outstanding
parkinq violations. The Department shall mark the appropriate
reqistration records of persons so reported, If the applicants name
appears on the list referred to herein, no license plate or revalidation
sticker shall be issued until such person's name no longer appears on
said list or until the applicant presents a receipt from the Clerk
showing that such parking fines have been paid,
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Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
-declared by a court of competent jurisdiction to be invalid, such deci-
sion shall not effect the validity of the remainder hereof as a whole or
a p~rt thereof other than the part declared to be invalid.
Section 3, That all ordinances or parts of ordinances in
conflict herewith be the same and are hereby repealed,
Section 4, That this ordinance shall become effective
immediately on passage at second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 199 - .
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'~'/
SUBJECT: AGENDA ITEM # 10 F' - MEETING OF FEBRUARY 11, 1992
ORDINANCE NO. 7-92/EMERGENCY MANAGEMENT
DATE: FEBRUARY 6, 1992
City Commission is requested to approve on second and final
reading the proposed Emergency Management Ordinance and
accompanying Standby Resolutions. This ordinance repeals Chapter
95, "Civil Defense", and creates a new Chapter 95, "Emergency
Management."
The ordinance creates an Emergency Management structure and sets
forth a procedure for the declaration of a state of emergency.
The basic framework provides for certification by the Fire
Department, Police Department and the Environmental Services
Department that a state of emergency exists. The Mayor,
Vice-Mayor, City Manager or the Acting City Manager, in the order
named, shall have the authority to declare an emergency based on
the certification.
The ordinance change is requested to update the code to match
existing administrative procedures and to provide a quick
response in cases of emergency. Staff has thoroughly reviewed
the ordinance and recommends approval.
Recommend approval of Ordinance No. 7-92 on second and final
reading.
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ORDINANCE NO, 7-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 95, "CIVIL
DEFENSE AND EMERGENCIES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY REPEALING CHAPTER 95, "CIVIL DEFENSE AND
EMERGENCIES", AND BY ENACTING A NEW CHAPTER 95,
"EMERGENCY MANAGEMENT"; TO PROVIDE A FRAMEWORK FOR
DECLARATION OF EMERGENCIES, PROVIDING FOR
DEFINITIONS; APPLICABILITY OF PROVISIONS;
EMERGENCY MANAGEMENT STRUCTURE; POWERS, DUTIES AND
RESPONSIBILITIES; DECLARATION OF STATE OF
EMERGENCY; TERMINATION OF A STATE OF EMERGENCY;
POLICE EMERGENCIES; FIRE AND HAZARDOUS MATERIALS
EMERGENCIES; UTILITY EMERGENCIES; WEATHER
EMERGENCIES; SUSPENSION OF LOCAL BUILDING
REGULATIONS; CERTIFICATION OF EMERGENCY
CONDITIONS; AND PENALTIES; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE,
WHEREAS, it is the intent of the City Commission of the
City of Delray Beach, Florida, by enacting this legislation, to
provide the necessary organization, powers and authority to
enable the timely and effective use of all available City
resources to prepare for, respond to, and recover from
emergencies, natural and man-made, likely to affect the security,
safety or health of the City of Delray Beach and its residents;
and,
WHEREAS, it is the intent of the City Commission that
nothing contained within this ordinance shall relieve City
Departments of their normally assigned duties, responsibilities
and functions; and,
WHEREAS, it is the intention of the City Commission
that nothing contained within this ordinance shall be construed
as a delegation of authority to abridge or diminish the
legislative or administrative powers of the City Commission; and,
WHEREAS, it is the intention of the City Commission to
address all types of emergencies including, but not limited to,
the preservation of the public peace as defined within Florida
Statutes Section 870,041 et seq; and,
WHEREAS, the City Commission is authorized to create
emergency management plans, pursuant to Florida Statutes Chapter
252,
NQW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 95, "Civil Defense and
Emergencies", of the Code of Ordinances of the City of De1ray
Beach, Florida, be, and the same is hereby repealed in its
entirety.
Section 2, That a new Chapter 95, "Emergency
Management", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby enacted to read as
follows:
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Chapter 95 - "EMERGENCY MANAGEMENT"
95.01 Definitions
95.02 Applicability of Provisions
95.03 Emergency Management Structure
95.04 Powers, Duties and Responsibilities
95.05 Declaration of a State of Emergency
95.06 Termination of a State of Emergency
95.09 Police Emergencies
95.10 Fire and Hazardous Materials Emergencies
95.11 Utility Emergencies
95.12 Weather Emergencies
95.13 Suspension of Local Building Regulations
95.14 Certification of Emergency Conditions
95.99 Penalty
Section 95.01 Definitions.
As used in this Chapter:
(A) Emergency shall mean a condition which threatens
or adversely affects the public health, safety or
security and which is or threatens to be beyond
the control of those public and private agencies
normally responsible for the management of such a
condition, resulting from an act or imminent
threatened act of war, riot, terrorism, mob or
other acts of violence; from conflagration,
explosion, hazardous materials incident or
release; from a weather event such as a flood,
hurricane or tornado; from a disruption in the
City's utility system; or from any other cause.
(B) Normal Average Price shall mean the price at
retail for merchandise, goods or services at which
similar merchandise, goods or services were being
sold during the ninety (90) days immediately
preceding a declaration of public emergency.
Section 95.02 Applicability of Provisions.
All officers, employees, contractors, vendors, boards,
commissions, authorities and other agencies of the City
are subject to the provi~ions of this chapter.
Section 95.03 Emerqency Management Structure.
(4) The City Manager or his designee shall perform the
function of Director of Emergency. Management and
shall implement, manage and report on all actions
authorized and taken under the provisions of this
chapter.
(B) The City Manager or his designee shall appoint a
Coordinator of Emergency Services whose duties
shall include the ongoing planning for and
coordination of those actions necessary for the
creation and maintenance of an effective emergency
response capability to prepare for and manage
emergency conditions.
. - 2 - Ord. No. 7-92
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Section 95.04 Powers, Duties and Responsibilities.
(A) The City Manager, or Acting City Manager, when
acting as the Director of Emergency Management,
shall have the following powers, duties and
responsibilities:
(1) To declare or recommend a declaration of
emergency pursuant to Section 95.05. To
inform the Mayor and Vice Mayor and the City
Commission of the reasons for and status of
events requiring the declaration.
(2) To direct the creation, revision and the
exercise of emergency response plans
conforming to state and county emergency
plans for the mitigation of; preparation for,
response to, and recovery from emergencies;
and to exercise all powers permitted by
Florida Statutes Chapter 252.
(3) To assist the efforts of the Coordinator of
Emergency Services in preparation for,
response to, and recovery from, emergency
conditions;
(4) To recommend a budget to the City Commission
for the creation and maintenance of an
emergency response capability as provided
herein.
(5) To promulgate emergency regulations necessary
for the protection of life and property,
establishment of public order, and control of
adverse conditions affecting public welfare
resulting from an emergency, to the City
Commission.
(B) The Coordinator of Emergency Services shall have
the following responsibilities and duties:
(1) To supervise the development and maintenance
of City emergency plans, including annual
updates:
(2) To plan for and develop an emergency
operations control center to include
equipment, manning, and operational
procedures necessary to the management and
control of emergency conditions;
.
(3) To develop and manage the City's emergency
awareness public information program.
(4) To prepare and submit an annual operating
budget to the City Manager related to
Emergency Management Activities, preparations
and training.
· - 3 - Ord. No. 7-92
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Section 95.05 Declaration of a State of Emergency.
(A) The Mayor, Vice Mayor, City Manager, or the Acting
City Manager, in the order named, shall have the
authority to declare a state of emergency. Upon
the absence or unavailability of the Mayor, the
Vice Mayor may issue such a declaration, and upon
the absence or unavailability of Mayor and the
Vice Mayor, the City Manager may issue such
declaration, or upon the absence or unavailability
of the City Manager, the Acting City Manager may
issue such a declaration.
(B) Any declaration of a state of emergency and all
emergency regulations activated under the
provisions of this chapter sha~l be confirmed by
the City Commission by resolution no later than at
the next regular meeting, unless the nature of the
emergency renders a meeting of the City Commission
extremely impractical. Confirmation of the
emergency declaration shall disclose the reasons
for, anticipated impacts of, actions proposed and
taken to manage the emergency, and other pertinent
data relating to the emergency requiring the
declaration.
(C) Emergency resolutions authorized by this chapter
shall include, but are not limited to, the
following subjects:
Resolution Subject
A Evacuation
B Curfews; Declaration of areas off
limi ts
C Suspension or regulation of the
sale of, or offer to sell, with
or without consideration:
alcoholic beverages; ammunition;
firearms; explosives; or
combustibles
D Prohibiting the sale of
merchandise, goods or services at
more than the average retail
price
E Water use restrictions
"
F Suspension of local building
regulations
G Regulating the use of and
rationing of fuel, ice and other
essentials
H Emergency procurement procedures
. - 4 - Ord. No. 7-92
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(D) A declaration of a state of emergency shall
activate the emergency plans applicable to the
City. A declaration of a state of emergency shall
automatically invoke the emergency measures listed
in Florida Statutes, Section 870.044, if the
emergency relates to overt acts of violence or the
imminent threat of such violence.
(E) A state of emergency, when declared as provided
herein, shall continue in effect from day to day
until declared to be terminated; however, provided
that a state of emergency declared pursuant to
Florida Statutes Section 870.041 et seq. shall
commence upon the declaration thereof and shall
terminate at the end of a period of seventy-two
(72) consecutive hours thereafter, unless, prior
to the end of such seventy-two (72) hour period
the public official or City official declaring the
emergency shall have terminated such state of
emergency. An extension of the seventy-two (72)
hour time limit must be accomplished by a request
from the public official and the concurrence of
the City Commission, by duly enacted resolution.
IF) Upon the declaration of a state of emergency, the
City Manager shall post a written notice of such
declaration upon the main bulletin board in City
Hall, and shall, as promptly as practicable, file
in the office of the City Clerk a notice of a
declared state of emergency, or emergency measure
declared or ordered and promulgated by virtue of
Florida Statutes Section 870.04l et seq. The City
Manager shall notify the local media by telephone,
if practicable. When practicable, the City
Manager shall also cause written notice to be
published, in its entirety, at least three (3)
days each week, in the newspaper of general
circulation in the City until the state of
emergency is declared to be terminated.
Section 95.06 Termination of a State of Emerqency.
A state of emergency shall be terminated by a vote of
the City Commission if practicable or upon the
certification of the person who originally requested
the declaration of the state of emergency, that the
conditions leading to or causing the emergency no
longer exist and the City's agencies and departments
are able to manage the situation without extraordinary
assistance; provided that a state of emergency
e,tablished under Florida Statutes Section 870.04l et
seq. , shall terminate at the end of a period of
seventy-two (72) consecutive hours after the
declaration of the emergency, unless, prior to the end
of the seventy-two (72) hour period, the public
official calling for a declaration of emergency or the
City Commission have terminated such state of
emergency. Any extension of the seventy-two (72) hour
time limit must be accomplished by a request from the
public official and concurrence of the City Commission
by duly enacted resolution. Notice of termination of
the emergency declaration shall be made to the public
by the City Manager by the same means as the notice of
the declaration of the state of emergency.
. - 5 - Ord. No. 7-92
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Section 95.09 Police Emergencies.
(A) A public emergency may be declared because of
civil unrest or imminent threat to public peace or
order when the Chief of Police, or if unavailable,
the next highest ranking officer in the Police
Department chain of command, certifies to the City
Manager (or, if unavailable, the Acting City
Manager) that an emergency condition arising from
hostile actions of others, armed or unarmed or
other imminent threat to public peace or order,
requires extraordinary measures for control,
including, but not limited to curfew; blockade;
proscription of the sale of firearms and other
weapons, alcoholic beverages; explosives and
combustibles; evacuation; and other like actions.
The City Manager, or if unavailable, the Acting
City Manager, shall report said certification to
the officials in the order named in Section 95.05
regarding the need to declare a state of
emergency. Pursuant to Section 95.05, a
declaration of emergency may then issue.
(B) Declaration of a public emergency because of civil
unrest or imminent threat to public peace or
order, shall authorize the issuance of emergency
resolutions A, B, C, D and H, and other
appropriate resolutions, as may be required and
may, if applicable, require automatic emergency
measures pursuant to Florida Statutes Section
870.044 et seq. In addition, additional
discretionary emergency measures pursuant to
Florida Statutes 870.045 may be issued.
Section 95.l0 Fire and Hazardous Materials
Emergencies.
(A) A public emergency may be declared because of fire
or a hazardous materials incident emergency when
the Fire Chief, or if unavailable, the next
highest ranking officer in the Fire Department
chain of command, certifies to the City Manager
(or, if unavailable, the Acting City Manager) that
an actual or potential condition arising from
fire, explosion, chemical spill or release,
building or bridge collapse, or plane, train, or-
other vehicle accident, requires extraordinary
measures for control, including, but not limited
to calling out of off-duty and reserve personne 1;
assistance by outside agencies; evacuation; and
. other like actions. The City Manager, or if
unavailable, the Acting City Manager, shall report
said certification to the officials, in the order-
named in Section 95.05 regarding the need to
declare a state of emergency. Pursuant to Section
95.05, a declaration of emergency may then issue.
(B) Declaration of a public emergency because of fir. .
and hazardous material emergency shall authoriz,..
the issuance of emergency resolutions A, B, C, D,
E, G and H, and other appropriate resolutions, JS
may be required.
. - 6 - Ord. No. 7-92
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Section 95.l1 Utility Emergencies.
(A) A public emergency may be declared because of
utility conditions when the Director of
Environmental Services Department, or if
unavailable, the next highest ranking
Environmental Services Department official,
certifies to the City Manager (or, if unavailable,
the Acting City Manager) that:
(1) A condition exists or is imminent that
endangers the safety, potability, quantity,
availability, collection, conveyance,
transmission, distribution, treatment, or
storage of water or waste water through or
within the City's water or waste water
uti li ty system; or,
(2) a condition exists or is imminent that
endangers the safety, quality, quantity,
availability, transmission, distribution, or
storage of gas through or within the City's
gas utility system; and,
( 3) extraordinary actions to control and correct
the situation are required, including, but
not limited to emergency purchase; call-in of
Off-duty personnel; assistance by other
communities and agencies; and other like
actions.
The City Manager, or, if unavailable, the Acting
City Manager, shall report said certification to
the officials, in the order named in Section 95.05
regarding the need to declare a state of
emergency. Pursuant to Section 95.05, a
declaration of emergency may then issue.
(B) Declaration of a public emergency because of
utility conditions shall authorize the issuance of
emergency resolutions A, B, E and H, and other
appropriate resolutions, as may be required.
Section 95.l2 Weather Emergencies.
(A) A public emergency may be declared because of
weather conditions when the national weather
service or a state, county or local emergency
management agency informs the City or the pUblic
that emergency conditions resulting from
" meteorological conditions are present or imminent.
Meteorological conditions covered by this section
shall include, but are not limited to hurricanes,
floods, tornados, or other severe weather
conditions and the results therefrom. The City
Manager, or, if unavailable, the Acting City
Manager, shall request a declaration of a State of
Emergency from the officials in the order named in
Section 95.05. Pursuant to Section 95.05, a
declaration of emergency may then issue.
. - 7 - Ord. No. 7-92
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(B) Declaration of a public emergency because of
weather conditions shall authorize the issuance of
emergency resolutions A through H, and other
appropriate resolutions, as may be required.
Section 95.13 Suspension of Local Building
Regulations.
The City Manager (or, if unavailable, the Acting City
Manager) may authorize a suspension of local building
regulations during and following a declared state of
emergency when the Chief Building Official certifies to
the City Manager or, if unavailable, the Acting City
Manager, that such action is necessary for the
expeditious restoration of property damaged by the
emergency event. Such suspension of building
regulations may be applied on a case by case basis as
required to remedy specific conditions and to
facilitate the provision of emergency housing to
disaster victims. The Chief Building Official shall
specify the provisions of the building code to be
suspended and the reasons therefore, when certifying
the necessity of such suspension to the City Manager.
The City Manager shall communicate to the City
Commission the need to suspend, local building
regulations to the officials, in the order named in
Section 95.05(A). The City Commission shall confirm
the suspension pursuant to Section 95.05(B).
Section 95.14 Certification of Emergency Conditions.
A certification of emergency conditions to the City
Manager may be verbal, but each verbal certification
shall be confirmed in writing within twenty-four (24)
hours following an emergency declaration.
Section 95.99 Penalty.
Any person, firm or corporation who violates any
provision of this chapter for which another penalty is
not specifically provided shall, upon conviction, be
subject to a fine not exceeding $500, or imprisonment
for a term not exceeding ninety (90) days, or both.
Each day a new violation shall continue to exist shall
constitute a separate offense.
Section 3. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be de~lared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 4. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
· - 8 - Ord. No. 7-92
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PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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. - 9 - Ord. No. 7-92
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M E M 0 RAN DUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER' ~rJ
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SUBJECT: AGENDA ITEM #lo.~I.- MEETING OF FEBRUARY 11, 1992
RESOLUTION NO. 22-92/EMERGENCY MANAGEMENT
DATE: FEBRUARY 6, 1992
This item is ancillary to Ordinance No. 7-92 relating to
Emergency Management in that it provides for the approval of a
standard proclamation to declare a state of emergency and the
eight standard resolutions to confirm a state of emergency and to
activate certain emergency plans for use when needed pursuant to
Chapter 95 of the Code of Ordinances, subject to such
modifications as may be required under the circumstances of the
emergency.
Recommend approval of Resolution No. 22-92.
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RESOLUTION NO. 22-92
- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RELATING TO EMERGENCY
MANAGEMENT; APPROVING THE FORM OF A STANDARD
PROCLAMATION AND EIGHT STANDARD RESOLUTIONS WHICH
MAY BE UTILIZED TO DECLARE AND TO CONFIRM A STATE
OF EMERGENCY, AND TO IMPOSE CERTAIN RESOLUTIONS
DURING A STATE OF EMERGENCY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 95 of the Code of Ordinances of the
City of Delray Beach, Florida, provides for the declaration of a
state of emergency, the confirmation of such declaration, and the
activation of certain emergency plans by the use of proclamations
and resolutions; and,
WHEREAS, it is necessary and appropriate to establish
the form of a standard proclamation and standard resolutions to
be used for such purpose when needed, as provided herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The standard proclamation to declare a
state of emergency, a copy of which is attached hereto, and the
standard resolutions to confirm a state of emergency and to
activate certain emergency plans, copies of which are attached
hereto as Exhibits A through H, are hereby approved for use when
needed pursuant to Chapter 95 of the Code of Ordinances of the
City of Delray Beach, Florida, subject to such modifications as
may be required under the circumstances of the emergency.
Section 2. This resolution shall take effect
immediately upon adoption.
PASSED AND ADOPTED in regular session on this the 11th
day of February, 1992.
MAY 0 R
ATTEST:
City Clerk
".
. .
CITY OF DELRAY BEACH, FLORIDA
- PRO C LAM A T ION
WHEREAS, has
certified that conditions resulting from
have created an emergency situation; and,
WHEREAS, Chapter 95 of the Code of Ordinances
authorizes certain emergency measurers to be taken under
emergency conditions; and,
WHEREAS, a state of emergency is hereby declared by
proclamation to authorize such actions as may be necessary to
manage such state of emergency; and,
WHEREAS, the issuance of emergency resolution(s)
shall be necessary to enable the
proper control of and response to the emergency conditions
certified above;
NOW THEREFORE, I, ,
of the City of Delray Beach, Florida, do hereby proclaim and
declare that an emergency exists within the City of Delray
Beach and tnat all proper and lawful actions necessary to
swiftly resolve the emergency and return the community to a
condition of normalcy shall be taken.
Authorized Official
Date
.
.
. .
-
RESOLUTION NO. A
-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND AUTHORIZING THE EVACUATION
OF CERTAIN AREAS OF THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on
due to
;
and,
WHEREAS, citizens must be moved from harm's way; and,
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the activation of plans for evacuation during a
state of emergency;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA.
Section 1. A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. has
seriously affected and threatened the lives and property of residents of
the City of Delray Beach and requires the evacuation of citizens from
the following area(s) :
effective
(Time) (Date) (Month) (Year)
Section 3. Such evacuation shall remain in effect until
competent authority declares the state of emergency terminated.
Section 4. This resolution shall take effect at the date and
.. time specified in Section 2.
PASSED AND ADOPTED in regular session this day of
, 199 -
MAYOR
ATTEST:
City Clerk
.
I
.
RESOLUTION NO. B.
-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND AUTHORIZING THE SETTING OF
A CURFEW AND DESIGNATING CERTAIN AREAS OFF LIMITS.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on
due to
;
and,
WHEREAS, conditions arising from
have seriously affected the safety and
security of the lives and property of the citizens of the City of Delray
Beach; and,
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the declaration of a curfew and the designation of
areas as off limits during a state of emergency;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA.
Section 1. A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. has
seriously affected and created conditions which threaten the safety and
security of the lives and property of the citizens of Delray Beach and
thereby requires the establishment of a curfew between the hours of
and daily and the designation of the
following areas as off-limits to all except personnel authorized by the
Police or Fire Departments:
effective
(Time) (Date) (Month) (Year)
Section 3. This resolution shall take effect at the date and
time specified in Section 2.
Section 4. All violations of the provisions of this
resolution shall be subject to prosecution under Section 95.99 of the
Delray Beach Code of Ordinances.
PASSED AND ADOPTED this day of ,
199 -
M.A Y 0 R
ATTEST:
City Clerk
.
RESOLUTION NO. C
-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND AUTHORIZ ING THE REGULATION
AND SUSPENSION OF THE SALE OF ALCOHOLIC BEVERAGES,
AMMUNITION, FIREARMS, AND FLAMMABLE OR COMBUSTIBLE
MATERIALS AND EXPLOSIVES.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on
due to
;
and,
WHEREAS,
threatens the safety and welfare of the citizens of the City of Delray
Beach; and,
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the suspension or regulation of the sale of
alcoholic beverages, ammunition, firearms, explosives, and flammables or
combustibles during a state of emergency;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA.
Section 1- A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. has
and conditions arising therefrom are seriously threatening the safety of
the citizens and property in the City of Delray Beach and require the
sale of alcohol, ammunition, firearms, explosives and flammable or
combustible materials to be suspended within the City limits of the City
of Delray Beach to control and prevent circumstances leading to public
disorder, riot,_ arson, looting, and other unlawful acts during the
period of the declared emergency.
Section 3. No alcoholic beverage in any form shall be sold,
offered for sale or otherwise distributed within the city during the
period of the emergency by any person or by any commercial, nonprofit or
other establishment whether for consumption on or off-premises or for
wholesale or retail sale.
Section 4. No firearm shall be sold, transferred, or
otherwise made available for sale or exchange within the City during the
period of this emergency by an person. The sale or exchange of
ammunition, spare parts, or other items integral to the operation of
firearms shall likewise be forbidden. During the period of this
emergency, no person shall carry, .display, or otherwise use a firearm
without the express written consent of the Chief of Police, other than
law enforcement officers. The carrying, display or possession of a
firearm in the City without the specific approval of the Chief of Police
shall result in its confiscation by the proper polic~ authority.
.
I
.
-
Section 5. No flammable or combustible material or explosive,
i.e. gasoline, kerosene, benzine, or blasting caps, dynamite, plastic
- explosives, nitroglycerine, ammonium nitrate or other explosives, shall
be sold, used or transported in containers within the City other than on
a tank-hold basis during the period of emergency without the issuance of
a written permit by the Fire Chief. Such flammable or explosive
materials shall not be transported otherwise.
section 6. All violations of the provisions of this
resolution shall be subject to prosecution under Section 95.99 of the
Delray Beach Code of Ordinances.
Section 7. The regulation and suspension of the sale and
possession of alcoholic beverages, ammunition, firearms, flammable or
combustible materials or explosives shall remain in effect until
competent authority declares the state of emergency to be terminated.
Section 8. This resolution shall take effect on
(Time) (Day) (Month) (Year)
PASSED AND ADOPTED this day of I
199 -
MAYOR
ATTEST:
City Clerk
2
ORD. NO.
.
-
RESOLUTION NO. D
-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND PROHIBITING THE SALE OF
MERCHANDISE, GOODS OR SERVICES AT MORE THAN THE
NORMAL AVERAGE RETAIL PRICE.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on
due to
;
and,
WHEREAS,
threatens the stability, economy, and civil order of the City of Delray
Beach; and its citizens; and,
WHEREAS, charging more than the normal retail price under
existing conditions is an attempt to prof! t from the misfortunes of
others and can lead to civil strife, to inequities in the distribution
of essential materials such as foodstuffs, ice, fuel, and other vital
necessities, and to a greater loss of the sense of hope and well-being
so basic to a speedy recovery and restoration of the community; and,
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances. authorizes this prohibition of the sale of merchandise,
goods, or services at more than the normal average retail price during a
state of emergency;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA.
Section 1. A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. has
and conditions arising therefrom threaten to create shortages of
essential goods and services which are needed to sustain the physical
well-being, economic stability, and public order of the City of Delray
Beach and its citizens.
Section 3. No person or business entity offering goods or
services for sale within the City of Delray Beach shall charge more than
the normal average retail price as defined by Section 95.01(B), Chapter
95, Code of Ordinances, during the period of the declared emergency.
Section 4. All violations of the provisions of this
resolution shall be subject to prosecution under Section 95.99 of the
Delray Beach Code of Ordinances.
Section 5. The regulation and control of retail prices within
the City of Delray Beach shall remain in effect until competent
authority declares the state of emergency to be terminated.
.
'"
.
.
Section 6. This resolution shall take effect on
.
- (Time) (Day) (Month) (Year)
PASSED AND ADOPTED this day of ,
199'_ .
MAYOR
ATTEST:
City Clerk
2
ORD. NO.
t
.
RESOLUTION NO. E
-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND PLACING CERTAIN RESTRICTIONS
ON THE USE OF WATER WITHIN THE UTILITY SERVICE AREAS
OF THE CITY OF DELRAY BEACH.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on
due to
;
and,
WHEREAS,
threatens the water supply of the City of Delray Beach; and,
WHEREAS, extraordinary actions must be taken to assure
adequate potable water supplies; and,
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes water use restrictions during a state of
emergency; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA.
Section 1. A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. is
seriously affecting the water
of the City of Delray Beach and
requires the restriction of water to and use within the following areas:
effective
(Time) (Day) (Month) (Year)
Section 3. Water use shall be restricted to the following
conditions:
Section 4. Such restrictions shall remain in effect until
competent authority shall declare the state of emergency terminated.
Section 5. This resolution shall take effect at the date and
time specified in Section 2.
PASSED AND ADOPTED this day of ,
199 -
MAY 0 R
ATTEST:
City Clerk
.
"
.
;
-
RESOLUTION NO. F
-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND SUSPENDING CERTAIN LOCAL
BUILDING REGULATIONS UNDER EMERGENCY CONDITIONS.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on
due to
;
and,
WHEREAS,
has caused extensive damage to public and private property within the
City of Delray Beach; and,
WHEREAS, the expeditious restoration of property to
pre-existing conditions is vital to enable the re-establishment of
shelter for residents, businesses, and public activities; and,
WHEREAS, adherence to certain local established building
regulations and procedures can delay the process of restoring properties
to conditions existing prior to the emergency; and,
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the suspension of local building regulations
during a state of emergency:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF T~
CITY OF DELRAY BEACH, FLORIDA.
Section 1- A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. has
caused damage_to numerous properties rendering them unsafe or marginally
habitable forcing residents from their residences and business and
commercial activities to remain closed.
Section 3. The following suspension of certain building
regulations and procedures shall remain in effect until competent
authority shall declare the state of emergency terminated:
Section 4. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this day of ,
199 -
MAYOR
ATTEST:
City Clerk
.
.
-
RESOLUTION NO. G
-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A
STATE OF EMERGENCY, AND RATIONING CERTAIN ESSENTIAL
CONSUMABLES UNDER EMERGENCY CONDITIONS.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on
due to
;
and,
WHEREAS, conditions caused by
have caused or threaten to cause shortages of
critically needed consumables essential to the substance of the citizens
of Delray Beach; and,
WHEREAS, measures are necessary to assure an equitable
distribution of these essentials; and,
WHEREAS, a method to assure the availability of
to meet the minimum requirements for these consumables must 11mi t the
amount sold to individual families; and,
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the rationing of fuel, water, ice, and other
essentials during a state of emergency:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA.
Section 1- A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. The following essential consumables shall be
rationed for sale to individual families:
Section 3. No individual may purchase more than the following
amount of the above each day:
Section 4. Such rationing of essential consumables shall
remain in effect until competent authority shall declare a state of
emergency terminated.
Section 5. This resolution shall take effect immediately upon
adoption.
'"
.
.
PASSED AND ADOPTED this day of ,
199 - .
-
MAYOR
ATTEST:
City Clerk
2
ORD. NO.
. .
. -
RESOLUTION NO. H
- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RELATING TO EMERGENCY
MANAGEMENT; CONFIRMING A DECLARATION OF A STATE OF
EMERGENCY, AUTHORIZING EMERGENCY PROCUREMENT
PROCEDURES, AND SUSPENDING CERTAIN CITY CODES
RELATING TO PURCHASING.
WHEREAS, a State of Emergency in the City of Delray Beach was
proclaimed by on
due to
;
and,
WHEREAS, has
caused extensive damage to public and private property within the City
of Delray Beach; and,
WHEREAS, the expeditious restorat1on of property to
pre-existing conditions is vital to enable the re-establishment of
public activity; and,
WHEREAS, adherence to certain local ordinances establishing,
purchasing and procurement procedures can delay the process of restoring
public facilities to conditions existing prior to the emergency; and,
WHEREAS, Chapter 95 of the City of Delray Beach Code of
Ordinances authorizes the enactment of emergency procurement procedures
during a state of emergency;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA.
Section 1. A declaration of a State of Emergency proclaimed
on is hereby confirmed.
Section 2. has
caused damage to numerous properties rendering them unsafe or marginally
habitable.
Section 3. It is hereby necessary to suspend local
ordinances, rules and regulations dealing with purchasing and
procurement.
Section 4. Suspension of ordinances, regulations dnd
procedures shall remain in effect until competent authority shall
declare the state of emergency terminated.
Section 5. This resolution shall take affect immediately upon
adoption.
.
-
PASSED AND ADOPTED in regular session this day of
, 199 -
-
MAYOR
ATTEST:
City Clerk
2
ORD. NO.