08-13-91 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 13, 1991 - 6:00 P,M,
PUBLIC HEARINGS - 7:00 P.M,
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPAT~ON
1. PUBLIC COMM2NT: The public is encouraged to offer commenLS,
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 this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C, Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
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 come up to
the podium to make your comments, kind.ly complete the sign-in sheet
if you have not already done so. .
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, 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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Agenda
Meeting of 8/13/91
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission '",ith respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, a~d for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record lncludes
the testimony and evidence upon which the appeal is to be based, The
City does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve,
5. Approval of Regular Meeting minutes of July 23, 1991 and Special
Meeting Minutes of July 30, 1991.
6. Proclamations:
A. Clown Week - August 4 through la, 1991.
B. Sickle Cell Month - September 1991.
7. Presentations:
8. Consent Agenda: City Manager recommends approval.
A. CONTRACT LANGUAGE/INDEMNIFICATION CLAUSE: Approve standard
condition language which is to be included in all contracts for
construction and general consulting services.
B. ACCEPTANCE OF FINAL STATEMENT/COMMUNITY DEVELOPMENT BLOCK
GRANT: Accept the Final Statement of Objectives and Projected Use
of Funds for Fiscal Year 1991/1992 for Community Development Block
Grant funding and authorize staff to forward this proposal to the
Department of Housing and Urban Development for funding
consideration.
C. AUTHORIZATION TO SUBMIT A GRANT APPLICATION: Authorize staff
to submit a grant application to the Solid Waste Authority for
grant funding in the amount of $57,913 to expand our recycling and
related educational programs.
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Neeting of 8/13/91
D, INCREASE IN HEALTH AND DENTl\L INSU~~NCE PREMIUMS: Approve the
i~crease of the health and dental insurance premiums for employees
and their dependents to be effecLive October I, 1991,
E. PJ..TIFICATION OF SOUTH CENTRAL REGIONAL WAS'rEWATER TREATMENT AND
Dr SPOSl-.L BOARD OPERATING BUDGET: Ratify' SCRWTD Board operating
budget for fisc3l year 1991-1992 in the amount of $3,210,000.
F, RATIFICATION OF SOUTH CENTRAL RSGIONAL WASTEWATER TREATHENT AND
DISPOSAL BOARD CAP I 'l'AL BUDGET: Ratify SCRWTD Board action
approving Capital Expenditures for fiscal year 1991-1992 in the
amount of $39,362. Expenditures are to be assessed 50% to Boynton
and 50"6 to Delray Beach,
G. APPROVAL OF CONTRACT AND SERVICE AUTHORIZATION NO, 1/0'BRIEN,
SUITER AND O'BRIEN: Approve the contract between the City and
O'Brien, SUlter and O'Brien for surveying services and approve
Service Authorization No. 1 in the amount of $4,OO~ for surveying
services in conjunction with the Road Reconstruction Program - Part
A ( Tr:opic Isles). Funding is available in the Decade of Excellence
Bond Issue/ Street Reconstruction (Account No. 225-3162-544-61.17).
H. APPROVAL OF CONTRACT AND SERVICE AUTHORIZATION NO.
l/PROFESSIONAL ENGINEERING CONSULTANTS, INC. : Approve the contract
between the City dnd Professional Engineering Consultants, Inc. for
sanitary engineering services and approve Service Authorization No.
1 in the amount of $6,117 for consulting services to evaluate
alternatives to the upgrades/improvements proposed for the Haster
Pump Station at Veteran's Park, Funding is available in the 1991
Water and Sewer Revenue Bond (Account No. 447-5166-536-33.11) .
1. REQUEST FOR FINAL PAYMENT: Approve the request from Data Flow
Systems, Inc. for final payment in the amount of $10,256 for
completion of the Radio Telemetry Project with funding from 1984
Water and Sewer Revenue Bond! Lift Station Telemetry (Account No,
441-5162-536-60.36) , Account balance $10,256.
J. REQUEST FOR FINAL PAYMENT: Approve the request from Post,
Buckley, Schuh, and Jernigan, Inc. for final payment in the amount
of $9,997.12 for laboratory services in conjunction with the Water
Treatment Plant Expansion Project with funding from 1984 Water and
Sewer Revenue Bond/Water Treatment Plant Expansion (Account No.
441-5162-536-60.76/Account balance $9~997.12).
K. EMERGENCY REPAIR/MANHOLE: Approve the emergency repair of a
sinking manhole at 815 Foxpoint Circle, in the Hamlet and approve
the award of contract to.D.S. Eakins in the amount of $15,780 with
funding from 1991 Water and Sewer Revenue Bond/Repair and
Replacement - Manholes (Account No. 447-5169-536-60,31) . Account
balance $173,428.
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Meeting of 8/13/91
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L. RATIFICATION OF RULES FOR THE BOARD OF CONSTRUCTION APPEALS:
Ratify the rules for the Board of Construction Appeals.
M. AUTHORIZATION TO TRANSFER INTEREST EARNINGS/DECADE OF
EXCELLENCE BOND ISSUE: Authorize the transfer of $30,000 in
interest earnings from the Decade of Excellence Bond Issue to the
Decade of Excellence Bond Fund/Golf Course Projects Account Nos.
22~ 4762 <;; "'2 60.69 (SIO,OOO) ~nd 22~ 4762 ~72 60.99 (S20, 000) .
N. AU~HORIZATION TO EX?END FUNDS LAW ENFORCEMENT TRUST FUND:
Authorlze staff to expend funding in the amount of 9,225 from the
Law Enfo~cemen~ Trust Fund to purchase a Computer Voice Stress
Analyzer and to cover the cost of the attendant training sessions.
O. REQUESrr TO ERECT STRUCTURE IN CITY RIGHT-OF-WAY: Consider a
request from the owner of Bethesda Bargain Box to erect an awning
on the front of the building located on 12 North Federal Highway
over the City's right-of -y.lay.
P. REQUEST TO MODIFY GRANT AGREEMENT/AUBURN TRACE JOINT VENTURE:
Consider a request from Auburn Trace Joint Venture to modify the
grant agreement by amending the repayment schedule to allow
payments to commence in 1995 and to allow the payment of three
equal payments on the Purchase Money mortgage payment as opposed to
one balloon payment.
Q. CHANGE ORDER NO. l/DEES CONTRACTING: Approve Change Order No.
1 to the contract between the City and Dees Contracting for the
rehabilitation of the 1/2 Million Gallon Water Storage Tank. This
Change Order decreases the contract price by $6,461 by implementing
recommendations made by the project Engineer.
R. RESOLUTION NO. 62-91: A Resolution abandoning a portion of
right-of-way of N.W. 18th Avenue in conjunction with the Congress
Industrial Service Center development.
S. FINAL PLAT APPROVAL: :Approve the final plat for Congress
Industrial Service Center located on the east side of Congress
Avenue between Atlantic Avenue and Lake Ida Road.
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T. RESOLUTION NO. 59-91: A Resolution vacating and abandoning a
16 foot alleyway located on the north side of S.E. 10th Street,
between S.E. 5th and S.E. 6th Avenues in conjunction with the
Shoney's Restaurant development.
U. FINAL PLAT APPROVAL: Approve the final plat for the 9th Street
Plaza (Shoney's Restaurant) located on the north side of S.E. 10th
Street, between S.E. 5th and S.E. 6th Avenues.
V. RESOLUTION NO. 60-91: A Resolution assessing costs for
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Meeting of 8/13/91
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abatement action required to board up an uLsafe structure at 607
S.W. 9th Street.
W. RESOLU'I'ION NO. 61-91: A Resolution assessing costs for
aba~ement-ac~ion required to remove nuisances on 35 properties
throughout t~e City.
X. AWARD OF BIDS AND CONTRACTS:
1. Rehabilitation, Refurbishment and Overhaul 1978 1000 GPM
Pumper-- Fire Department- Southern Coach, Inc. , in the amount of
$19,140 with funding from Repair and Upkeep Automotive (Account
No. 001-2315-526-33.35) . Account balance $29,267.
2. Janitorial Services - City Hall, City Attorney's Office,
Environmental Services Complex and Central Fire Station -
Various vendors, in the amount indicated below, with funding
from various departmental Janitorial Services (Account No.
XXX-XXXX-XXX-33. 17):
-City Hall - National Cleaning of Florida - $28,632.
-City Attorney's Office - National Cleaning of Florida -
$4,260.
-Environmental Services Complex - National Cleaning of
Florida - $8,716.
-Fire Station - Jani-King - $5,546.
3. Hater Main Extension/Pine Ridge Road - Church of the Palms
- Environmental Services - Metra Industries in the amount of
$98,823 with funding from 1991 Revenue Bond Construction/Water
Distribution Improvements (Account No. 447-5174-536-61.78).
Account balance $284,468.
4. Fleet Management Application Software- Fleet Management
- HTE, Inc. in the amount of $35,000 (plus travel ar ~l training
costs - $5,250) with funding from City Garage Capital Outlay
(Account No. 501-3311-591-60.89) . Account balance $44,211.64.
5. Diesel and Unleaded Gasoline - Annual Contract - Various
vendors, in the amount indicated below, with funding from
various departmental Gas, Oil, and Lubricant account:
-Unleaded gasoline (transpor~)- - Coastal Fuels Marketing,
Inc. - $148,000.
-Unleaded gasoline (tankwagon) - B.P. Oil Company - $16,000.
-Diesel Fuel - B.P. Oil Company - $6 , 000 .
6. Hardscape, Sculpture and Landscape/Pineapple Grove -
Community Improvement- ARZ Builders, Inc. in the amount of
$94,153 with funding from Beautification Trust/Federal Highway
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- Linton to North End (Account No. 333-4141-572-61.27) .
Account balance $140,410.
7. Accounts Receivable Application Softi,lare- Finance
Department - H'rE, Inc. In the amount of $10,000, plus travel
and training costs not to exceed $2,020 with funding from
Flnance/Application Software (Account No.
001-1811-513-60.86/Account balance $14,443), Finance/Travel
Expenses (Account No. 0Ol-1811-513-34.57/Account balance
$1,000) and, Finance/Computer Training (Account No.
001-1511-513-33.57/Account balance $2,122.
8. Bulkhead Replacement/Seawall and Marginal Docks - Veteran's
Park - B.K. Marine Construction in the amount of $220,630 with
funding from Decade of Excellence Bond Issue/Redevelopment
Veteran's Park (Account No. 225-4126-572-61.63/Account balance
$448,104) and General Construction Fund
(334-4126-572-61.63/Account balance $100,000). FIND Grant will
reimburse 50% of the project cost.
9. 4th Avenue Sidewalk Construction - Environmental Services -
Five Star Construction Company in the amount of $94,369 with
funding from Decade of Excellence Bond Issue/Sidewalks S.W. 4th
Avenue/Atlantic - Linton (Account No. 225-3162-541-61.44).
Account balance $103,369.
10. Computer Equipment - Environmental Services - Microage in
the amount of $13,319.25 for hardware and T.W. Communications
in the amount of $492.40 for cables with funding from Computer
Software/Hardware (Account No. 442-5178-536-64.09. Account
balance $57,790.46.
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period of July 23
through l>.ugust 12, 1991.
B. REQUEST FOR WAIVERS/FINAL PLAT RECONSIDERATION/REBECCA'S
LANDING: Approve waivers for the placement of finger piers and
dolphin piles on Lots 1 and 2 Rebecca's Landing and reconsider the
final plat. City Engineer and Plarining and Zoning Board recommend
approval subject to conditions.
C. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an
appeal of a Historic Preservation Board decision denying a
demolition permit for 36 Palm Square. Planning and Zoning Director
recommends denial.
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Meeting of 8/13/91
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D. APPEAL OF PLANNING AND ZONING BOARD DECISION: Consider a
request for appeal of a Planning and Zoning Board decision denying
a preliminary plat request to subdivide Block 1, Lots 1 and 2 ,
Sr.vinton Oaks, into six individual lots. Planning and Zoning
Director recommends denial.
E. CHANGE ORDER NO. l/RIC-MAN INTERNl>.TIONAL, INC: Approve Change
Order No. 1 to the City's contract witt.... Ric-man International,
Ii1c. for $112,852 to construct water, sewer, and drainage lines
along N.E. 1 s t Ave. I N.E. 1st St. , and the adjacent a"lleyways
(Old School Square) . Funding is available in 1991 Revenue
Bond/Water Distribution Improvements (Account No.
447-5174-536-61.78/Balance $284,468), Water and Sewer Operating
Capital (p.ccount No. 441-5161-536-60.90jBalance $99,500) and;
Decade of Excellence/Old School Square Historical Renovations
(Account No. 225-3169-559-61.69/Balance $303,522). City Manager
recommends approval.
F. SERVIC2 AUTHORIZATION NO. 5/CURRIE SCHNEIDER ASSOCIATES, AIA,
PA: Approve Service Authorization No. 5 to the contract between
the City and Currie Schneider and Associates in the amount of
$20,900 for a Value Engineering Analysis for the Fire Headquarters
project. Funding is available in the Decade of Excellence Bond
Issue/Central Fire Station (Account No. 225-2311-522-61.56). City
Manager recommends approval.
G. CANCELLATION OF BID AWARD AND AWARD OF BID TO SECOND LOW
RESPONSIVE BIDDER: Cancel the contract between the City and D & L
Telecommunications for Phase I of the Sanitary Sewer Rehabilitation
project and award the contract to the second low responsive bidder
Altair Maintenance in the amount of $123,613.04 with funding from
1991 Water and Sewer Revenue Bond/ Repair and Renewal Sanitary
Sewers/r<1anholes (Account No. 447-5169-536-60.31/Account balance
$300,000) and Water and Sewer Repair and Replacement/Manhole
Rehabilitation (Account No. 442-5178-536-61.84) . City Manager
recommends approval.
H. BEACH CLEANING CONTRACT: Determine whether the current beach
cleaning contract should be renewed; or, whether this work should
be bid out.
I. CONSIDER REQUEST TO ALLOW INVESTMENT OF PENSION FUNDS IN
ISRAELI BONDS: Consider the request to allow the Pension Board the
option of investing pension funds in the State of Israel Bonds.
City Manager recommends denial.
J. APPOINTMENT OF TWO MEMBERS TO THE EDUCATION BOARD: Appoint two
members to fill the vacancies on the Education Board.
K. AUTHORIZATION TO DISPLAY SPECIAL EVENT BANNERS: Approve a
request from the Haitian American Community Center to display
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HeE:ting of 8/13/91
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sp8clal e...;en~ banners at fcur locations within the City. City
Manager recommends approval.
10. Public Hearings:
A. ORDINANCE NO. 49-91 : Ar. Ordinance amending the list of
cone. i ti.onal uses and structures allowed within the Community
Facilities (CF) zone district to provide for commercial activities
and businesses upon publicly owned lands as a conditional use.
City Manager and Planning and Zoning Board recommend approval.
1. REQUEST FOR CONDITIONAL USE APPROVAL: Consider a request
for conditional use approval to operate a cruise boat and
ticket sales at Veteran's Park. Planning and Zoning Board
recommends approval.
2. ALTERNATE ACTION REGARDING CRUISE SHIP AND TICKET SALES AT
VETERAN'S PARK: Consider declaring the cruise ship operation
and ticket sales at Veteran's Park a "recreational function" .
3. LICENSE AGREEMENT'/ I SAN CHARTERS, INC. (d/b/a STILLWATER
CRUISES) : Approve a license agreement between the City and
Isan Charters, Inc. (d/b/a Stillwater Cruises) to permit a
cruise boat and ticket sales operation at Veteran's Park.
B. ORDINANCE NO. 51-91: An Ordinance amending the Land
Development Regulations and the Code of Ordinances to provide a
uniform time, 90 days, by which a building must be connected to the
the City's sanitary sewer system. City Manager recommends
approval.
C. ORDINANCE NO. 54-91: An Ordinance amending the Land
Development Regulations by enacting a definition for the term "Flea
Market" , by providing rules and regulations governing Flea Markets
within the City, and to provide for Flea Markets as a conditional
use in the Central Business District. Two public hearings are
required on this Ordinance. If passed the second public hearing
will be held on August 27th.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prio~ public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 52-91: An Ordinance amending Chapter 52,
"Water" I Section 52.83 (A) , "Backflow Prevention Devices; When
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Agenda
Meeting of 8/13/91
Required; Specifications", Of the Code of Ordinances, correcting a
reference to a State rule. If passed public hearing August 27th.
B. ORDINANCE NO. 53-91: An Ordinance amending the Land
Developmen~ Regulations as to the appropriate appeal procedure from
decisions made by the Board of Adjustment and Board of Construction
Appeals. If passed public hearing August 27th.
C. ORDINANCE NO. 55-91: An Ordinance amending the Land
Development Regulations to allm.., commercial parking lots as a
conditional use i~ the in the Automotive Commercial (AC) District.
If passed public hearing August 27th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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!JTY DF DELRAY BEAEH
WHEREAS, Clowns can make people forget their troubles,
their afflictions, their handicaps, and depressions; and,
WHEREAS, clowning encourages laughter in the young, the
old, the rich and the poor; and,
WHEREAS, whoever has seen the smile on the face of a
youngster or has heard the laugh of an elderly person, knows a love
deeper than can be vocally expressed; and,
WHEREAS, those who have seen sadness and despair disap-
pear and joy prevail are truly blessed. Clowns, with big red
noses, baggy clothes and a sense of humor, go into rest home s ,
hospitals, retirement homes, institutions for the handicapped and
places where people need the joy that only they can deliver; and,
WHEREAS, Clowns are so vital to our parades and celebra-
tions, where they work wonders on helping the young and old smile
and laugh with them. Today, as always, clowns and the spirit they
represent are a symbol of vitality and happiness; and,
WHEREAS, the laugh-makers are truly blessed - they heal
the heart of the sad and lonely, asking nothing in return but a
smile or a laugh,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim August 4 - 10, 1991, as,
"CLOWN WEEK"
in the City of Delray Beach and encourage all citizens to recognize
the contributions made by these thoughtful and generous individu-
als.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 13th day of August, 1991.
MAY 0 R
THOMAS E. LYNCH
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September, 1990 Clowning Around Page 12
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I TO TI-E PElFLE (F KANSAS, GREETINGS: 1m
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_ llI-EREAS, the ClOWNS CF MRICA, Tt-E llffiLO CLOWN ASSOCIATI~. have proclaimed the n
KIll first week in August to be National Clown Week; and BEt
a Wf-EREAS, Clowns can make people forget their troubles, their afflictions, their ~
~
IIiI handicaps, and depressions; and ~
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.. Wf-EREAS, clowning encourages laughter in the young, the old, the rich and the poor; ~
II and ~
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~ Wf-EREAS, clowns can cut through bigotry and class distlnction: -
JII NOW, Tt-EREFffiE, I, MIKE HAYDEN, GOVERNffi CF Tt-E STATE CF KANSAS, do hereby proclaim ~
~
_ the week of' August I through 7, 1990, as 1m
.. ~
II NATI~AL ClOWN WEEK ~
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I in Kansas, and urge the citizens of Kansas to recognize the contributions made by these ~
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~ thoughtful and generous individuals. ~
I DONE At the Capital in Topeka ~t
Under the Great Seal af II
the State this 16th day
II af July, A. 0., 1990. ..
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- September, 1990
CloWning Around Page 13
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DECLARATION
WHEREAS, whoever has seen the smile 0:1 the face of a youngster or has heard the
laugh of an elderly person, kr::.ows a love deeper than can be vocaily express~d: ?no
whEREAS. those who have seen sadness and despair disappear and joy pr~vail are
t:-uly blessed. Ali across America, and particular!)' here in Utah, clown::; with big red Doses,
baggy clothes and a sense of humor. go into rest hom~s, hospitals, retirement homes,
inst.itutions for the handicapped and places where people need tl1e joy th..l cnly they can
deliver. That same small group of the populace is so vital to our parades and celebrations,
where thE'Y work wonders on helping the young and old smile ClnJ laugh with them. The
pay in the hearts of a clown is that knowledge of compassion, so richly rewarded Todl1Y,
"'s always, clowns and the spirit tl-.ey represent are a symbol of the vitality aud happiness
of the state. They are a vital entity for the builders and growers and governors; and
\VHEREAS, iL has beeu noted in folklore tha~ the d.:JWllS are alway:.; s3.d ::.t he3It fer
they cannot d.ivulge th~ sadness and pain of thiOir surroundings. Yet they v.ill leave
~~~;l='€:S ::::~ jar ..t..h~:-r.~.:- th~J"' J", :.r:-: ~~k~ ~~-? p~lll and m13ery with th~ln: .:lnd
WHEREAS. the laugh-makers are truly blessed: they ht:!al the heart of !.he s..d and
lonely, asking nothing in return but a smile or a laugh, and
WBEREAS, to call public attention to the charitable activities of downs and the
wholesorDp. entertainment they provide for our citizens. the Congre:s by a joint resolution
approved October 9, 1970 (Public Law 91-433); the President has designated the wp.ek of
August 1 through 7 a<; National C10wn Week;
NOW, THEREFO~E, I, NOT"man H. Bange..ter, Governor of the State of Utah, do herp.by
declare August 1 - 7,1990, as
CLOWN WEEK
in Utah and encourage all citizens tCi recognize the contributions made by clowns in their
entertainmeHt ;l.\. hospitals, charitable institutions. institutions for the handicapped, and
generally helping to lift the spirits and boost the morale of our people.
7l~t:;~d:-
Governor
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CITY OF DELRRY HEREM
i, ; ,
WHEREAS, the Sickle Cell Foundation of Palm Beach County
has been instrumental in providing emergency economic assistance
for medical and other supportive services for persons with Sickle
Cell Disease: and,
WHEREAS, the Sickle Cell Foundation is also instrumental
in. aiding in the dissemination of knowledge about the disease
through education of the public: and,
WHEREAS, the Sickle Cell Foundation provides Sickle Cell
disease and Sickle Cell trait counseling to individuals and their
families: and,
WHEREAS, the Sickle Cell Foundation provides education
assistance and scholarships for students with Sickle Cell disease:
and,
WHEREAS, the Sickle Cell Foundation provides screening
and testing on an individual basis to individuals and their fami-
lies: and,
WHEREAS, the Sickle Cell Foundation will have several
activities including its 12th Annual Red and White Ball in order of
raising monies to support the activities of the Foundation,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim the month of September,
1991, as,
"SICKLE CELL MONTH"
in the City of Delray Beach.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 13th day of August, 1991.
MAY 0 R
THOMAS E. LYNCH
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~ic'lE- CE-ll 9ounJation of Palm !BE-ach County, !Jnc.
Post Office Box 2402, West Palm Beach, Florida 33402
Telephone 305/833-3113
SlCKLERS NEED HELP TOOl I.'; , '
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.J~ 1 7
,- r. " ;SSION
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July 5, 1991 .....:-,.;..'....:>fIl.. "
The Honorable Thomas Lynch, Mayor
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Fl 33444
Dear Mayor Lynch:
I am requesting the City Commission and the City Manager to pass the
attached resolution declaring the month of September, 1991 as Sickle
Cell Month. The Sickle Cell Foundation of Palm Beach County, Inc. ,
will have a month of activities including the 12th Annual Red and
White BaIlon September 7th from 9pm - lam.
A review of the enclosed brochure will identify the services provided by
the Foundation which are primarily funded by the proceeds from various
fundraising activities during September. Please call our office and
let me know when this resolution will be on the Commissioner's agenda.
I or a representative of the Foundation will be present to accept the
resolution. Please do not hesitate to call should you have questions
or if you need more information.
Thank you for your consideration of this request and for your continued
cooperation. What you do in the fight DOES MATTER!
Respectfully yours,
~ t!hkrt:
Sandra Close Turnquest, resident
RECE'VED
1!;1{ql
cnvCLERK
MEMBER: 0
National Association for Sickle Cell Disease, Inc. (NASCD)
National Health Agencies. Combined Federal Campaign
Florida State Sickle Cell Foundation (FSSCF)
. . ~
r
RESOLUTION IN SUPPORT
OF
SICKLE CELL FOUNDATION OF PALM BEACH COUNTY, INC.
1600 AUSTRALIAN AVENUE
WEST PALM BEACH, FL 33407
(407) 833-3113
WHEREAS. The Sickle Cell Foundation of Palm Beach County has been instrumental
in providing emergency economic assistance for medical and otller supportive services for persons with
Sickle Cell Disease and.
WHEREAS. The Sickle Cell Foundation is also instrumental in aiding in the
dissemination of knowledge about the disease through education of tlle public and.
WHEREAS. The Sickle Cell Foundation provides Sickle Cell disease and Sickle Cell
trait counseling to individuals and their families and.
WHEREAS. The Sickle Cell Foundation provides educational assistance and
scholarships for students with Sickle Cell disease and,
WHEREAS. The Sickle Cell Foundation provides screening and testing on an
individual basis to individuals and their families and.
WHEREAS. The Sickle Cell Foundation will have several activities including its 12th
Annual Red and White Ball in order of raising monies to support the activities of the Foundation.
NOW TI-lEREFORE. BE IT RESOLVED. that the City Councilmen of DELRAT BEACH
support tlle month of September. 1991 as Sickle Cell Month in Palm Beach County.
Signed tllis day of . 1991
NAME
TITLE
ORGANIZATION.
M E M 0 RAN DUM
-
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER//-':
SUBJECT: AGENDA ITEM # 7? A - REGULAR MEETING OF AUGUST 13, 1991
APPROVAL OF STANDARD CONSTRUCTION DOCUMENTS -
INDEMNIFICATION PROVISIONS
DATE: AUGUST 8, 1991
Attached as backup material for this item is the proposed
Standard General Conditions for Construction. This will serve as
the "boiler plate" for all City construction project contracts.
Also attached is the consulting contract indemnification section,
which includes the duty to defend and pay attorney's fees at
trial and appellate levels. As previously discussed with the
Commission, this section has been claimed by some consultants and
their insurers to be uninsurable. The City Attorney's office is
of the opinion that the defend and attorney's fees provisions are
the "heart" of the indemnification provision and, therefore,
should be maintained in the contracts.
Recommend approval of the Standard General Conditions for
Construction documents and the indemnification provision for
consultant contracts as recommended by the City Attorney.
~ 6'tLL ~
'6/13/91
--- i5G 'is/Ill /91 Iojh-Q/J ~
- }o
~
-
~
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERI~11
SUBJECT: AGENDA ITEM # <8'B - MEETING OF AUGUST 13, 1991
ACCEPTANCE OF FINAL STATEMENT OF OBJECTIVES/PROJECTED
USE OF FUNDS - COMMUNITY DEVELOPMENT BLOCK GRANT
DATE: AUGUST 8, 1991
At your July 23rd regular meeting the Commission held a public
hearing on the proposed Statement of Objectives and Use of Funds
for Fiscal Year 1991/92 Community Development Block Grant fund-
ing. This item is before you to accept the final Statement of
Objectives and Projected Use of Funds and to authorize staff to
forward a grant application to the Department of Housing and
Urban Development (HUD) for funding consideration.
Recommend approval of the Final Statement of Objectives and
Projected Use of Funds for Fiscal Year 1991/92 Community Develop-
ment Block Grant funding and direct staff to forward a grant
application to the Department of Housing and Urban Development
(HUD) for funding consideration.
I
M E M 0 RAN DUM
August 1, 1991
.
TO: David Harden, city Manager ~
FROM: Dorothy Ellington, Community Development Coordinator ~ ~
THRU: Lula Butler, Director, community Improvemen~
SUBJECT: Agenda Request/Final Statement, 1991-92
Community Development Block Grant
ITEM BEFORE THE COMMISSION
In accordance with local policy and procedures the attached Final
Statement Of Obiectives and Proiected Use of Funds is being
presented for The City commission Consent Agenda, August 13 1991.
This is to request approval to submit this proposal to the
Department of Housing & Urban Development (HUD) for FY1991-92
funding.
BACKGROUND
In accordance with 24 CFR 570.301(b) (2) of the Community
Development Block Grant regulations a Public Hearing was held at
the Commission Meeting of July 23, 1991. There was no opposition
to this proposal voiced at that time and the projected use of
funds was approved.
RECOMMENDATION
staff recommends approval to submit the Final Statement of
Objectives and Projected Use of Funds to HUD.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINAL STATEMENT OF OBJECTIVES
AND PROJECTED USE OF FUNDS
FISCAL YEAR 1991-1992
INTRODUCTION
The Community Development Block Grant (CDBG) was established by
Congress with the Housing and community Development Act of 1974
to provide local governments and residents with funds needed to
work in a comprehensive manner towards the improvement of low and
moderate income neighborhoods by providing for capital improve-
ments that would adequately upgrade public facilities and ameni-
ties, provide for the upgrading of housing, including stimulation
of new housing opportunities; economic development activities,
public services, historic preservation; reduce conditions which
adversely affect the health and safety of community residents and
providing for other community development needs having a particu-
lar urgency.
Each CDBG activity must address one of the three national objec-
tives which are as follows:
1) Activities benefiting low and moderate income persons.
2 ) Activities which aid in the prevention or elimination of
slums and blight.
3} Activities designed to meet the community development
needs having a particular urgency.
Since the beginning of the CDBG Program (Fiscal year 85-86), the
City of Delray Beach's allocation has totaled $2,794,000. All of
the funds are spent to improve the area designated as the "CDBG
Target Area", which was selected on the basis of the condition of
the housing and pUblic improvements, as well as the percentage of
low and moderate income residents.
FISCAL YEAR 1991 PLAN
GOALS
The City of Delray Beach has as its overall goal to improve
housing opportunities and existing housing stock for the low and
moderate income residents, provide for the elimination of blight-
ed conditions that currently exist in the established CDBG target
area, to focus the emphasis of the Delray Beach Community Devel-
opment Block Grant Program on the needs of low and moderate
income residents at the neighborhood and metropolitan level.
OBJECTIVES
The city of Delray Beach has as its basic and continuing objec-
tives for Community Development:
1) To improve deteriorated housing units, to develop new
housing opportunities and the removal of unfit housing.
2} Reduce conditions which adversely affect the health and
safety of community residents, including prevention, mitiga-
tion and elimination of fire hazards, unsanitary conditions,
hazardous conditions and public nuisance.
3} Preserve community resources and character, including
protection of natural resources and the preservation of
neighborhoods.
4) Continue to provide comprehensive planning to guide communi-
ty growth, including land use planning, capital improvement
planning, new housing opportunity planning, and provisions
for economic development.
The city of Delray Beach's entitlement allocation for the period
of October 1, 1991 to September 30, 1992 is $428,000. Included
in this allocation is $4,000 from recaptured Urban Development
Action Grant funds awarded to the city during Fiscal Year
1990-91. Additionally, the City'S Community Development
Division, through participation in the Community Redevelopment
Agency's loan subsidy program, anticipates approximately $4,000
in program income. Therefore the total budget for FY1991-92 is
$491,000.
The City of Delray Beach has determined that the primary needs
and objectives for community development are:
1) The improvement of housing opportunities conditions
through, housing rehabilitation, clearance of unfit
housing, planning for housing needs and development of land
to encourage new housing opportunities, primarily for low to
moderate income families. Development of vacant lots
to encourage and provide for infill housing within the
established CDBG target area, and the funding of one
full-time position to preserve quality of Title xx Day Care
currently available to very low income residents in our CD
target area.
2 ) Preservation of the neighborhoods, through the prevention of
and the elimination of slums and blighted conditions.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Proposed Use of Funds
Fiscal Year 1990-1991
Proqram Activitv Amount
1. Housing Rehabilitation $260,218
1991 Allocation $252,000
1990 Allocation 4,000
Anticipated program Income 4,000
Provide for approximately 12 housing
units to be brought up to standard
conditions. Census Tracts 67,68,65.02
Federal Highway, Linton Blvd.,I-95
& Lake Ida Road. 100 % Low/Moderate
Benefit.
2 . Emergency Repair 15,000
Provide for emergency repair to 5
owner-occupied units within the CD Target
Area. (plumbing, electric, roof,etc.) Census
Tracts 67, 68, 65.02 100% Low/Moderate
benefit.
3 . Demolition/Clearance 7,000
Provide for the demolition of approximately
3 vacant, dilapidated, condemned structures
and the clearance of the property.
Census Tracts 67, 68 & 65.02.
Elimination of Slum & Blight.
4. Title XX Child Care 20,782
Provide for the funding of one
full-time staff position for Title
IVA eligible Child Care Facility.
Census Tract 67
100% Low/Moderate Benefit.
5. Recreation Improvement 12,000
Provide for upgrading the irrigation
system for parks and ball fields at Pompey Park
Census Tract 67
61% Low/Moderate Benefit
6 . program Administration & 91,581
Management
7 . Public Facilities 50,000
Provides for construction of
1890 linear feet of new sidewalks
Census Tract 67
68% Low/Mod Area Benefit
8 . Public Facilities 28,000
Aid To Victims of Domestic Assault, Inc.
Provides for addition of administrative
office space at site
Census Tract 68.01
100% Low/Mod Benefit (Limited Clientele)
9 . contingency 6.419
Total Allocation $491,000
RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION
ASSISTANCE PLAN
The City of Delray Beach will replace all occupied and vacant
occupiable low/moderate-income dwelling units demolished or
converted to a use other than as low/moderate-income housing as a
direct result of activities assisted with funds provided under
the Housing and Community Development Act of 1974, as amended, as
described in 24 CFR 570.606(b)(1}.
All replacement housing will be provided wi thin three years of
the commencement of the demolition or rehabilitation relating to
conversion. Before obligating or expending funds that will
directly result in such demolition or conversion, the City of
Delray Beach will make public and submit to the HUD Field Office
the following information in writing:
1. A description of the proposed assisted activity;
2 . The general location on a map and approximate number of
dwelling units by size (numb~r of bedrooms) that will be
demolished or converted to a use other than as
low/moderate-income dwelling units as a direct result of the
assisted activity;
3. A time schedule for the commencement and completion of the
demolition or conversion;
4. The general location on a map and approximate number of
dwelling units by size (number of bedrooms) that will be
provided as replacement dwelling units;
5. The source of funding and a time schedule for the provision
of replacement dwelling units; and
6. The basis for concluding that each replacement dwelling unit
'will remain a low/moderate-income dwelling unit for at least
10 years from the date of initial occupancy.
The city of Delray Beach will provide relocation assistance, as
described in 570.606(b)(2), to each low/moderate-income household
displaced by the demolition of housing or by the conversion of a
low/moderate-income dwelling to another use as a direct result of
assisted activities.
Consistent with the goals and obj ecti ves of activities assisted
under the Act I the City of Delray Beach will take the following
steps to minimize the displacement of persons from their homes:
1. Acquisition or demolition activities will be limited to
vacant, condemned or dilapidated structures, that have
been determined unsafe or contribute to blight.
2. It is not anticipated that any displacement of persons will
occur as a result of this program. However, if displacement
does occur as a direct result of property acquisition for
program improvements, tenants and homeowners who are dis-
placed will receive those benefits provided for under the
Relocation and Real Property Acquisition Act of 1970, as
amended. Every effort will be made to allow displaces to
locate in the neighborhood from which they were displaced,
if that is their request. Temporary relocations will be
processed in accordance with the city of Delray Beach
optional Relocation policy.
Agenda Item No.:
AGENDA REQUEST
Date: AUGUST 1, 1991
Request to be / ")
A
Agenda
Special Agenda AUGUST 13, 1991
Workshop Agenda When:
Description of item (who, what, where, how much):
FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FISCAL YEAR 1991-1992.
COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT $491,000.00 - (1991 ALLOCATION -
$483.000.00: 1990 ALLOCATION - $4.000.00: AND ANTICIPATED PROGRAM INCOME - $4.000.00)
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCEj RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO
Recommendation:
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). ~ J
Department Head Signature '. ~"'" - ---.""
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO I
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: f!iy NO
Hold Until:
Agenda Coordinator Review: ~
Received:
Placed on Agenda:
Action: Approved/Disapproved
,"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER6~
SUBJECT: AGENDA ITEM # ~c." - MEETING OF AUGUST 13, 1991
AUTHORIZATION TO SUBMIT GRANT APPLICATION/RECYCLING PROGRAM
DATE: August 7, 1991
This item is before you to authorize staff to submit a grant
application in the amount of $57,913 to the Department of
Environmental Regulation/Solid Waste Authority to fund "Year Four" of
our recycling program. The grant funding will be used for promotional
events, education, and program expansion. The projected budget for
the recycling program is $67,979. This amount includes public
information costs and salary, wage s , benefits, and incidentals for a
full time Recycling Coordinator position. While staff has been
instructed to request the same level of funding as received last year,
it is very likely that we will receive an additional allocation.
"Year Four" expansion includes establishing a recycling program for
multi-unit residential buildings, establishing a commercial recycling
program, continuation of the use and purchase of recycled materials
within our organization, and continuation of the office paper
recycling program.
Recommend approval of request for authorization to submit a grant
application in the amount of $57,913 to the Department of
Environmental Regulation/Solid Waste Authority to fund "Year Four" of
our recycling program.
~~ -
~ ~ m~
~ fafJGlUj b.uxd~
<;f /14/9/ /;0' /fU-~ ~
''''
0.1l
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: CITY COMMISSION APPROVAL SUBMIT -YEAR FOUR- RECYCLING AND
EDUCATION GARNT APPLICATION
DATE: AUGUST 6, 1991
ITEM BEFORE THE COMMISSION:
- -
The approval of and authorization to submit year four (4) Recycling
and Education Grant application from the DER/SWA Recycling Program in
the amount of $57,913.
BACKGROUND:
For FY 90-91 the City received a grant of $57,913 from the DER/ SWA
Recycling Program. The objective of this five-year program is to
recycle at least 30% of Florida's waste stream by 1994, as mandated by
the State.
The City of Delray Beach is utilizing these grant funds for promotion,
education and program expansion. In addition to our curbside program,
which collects an average of 476,000 pounds of recyclable per month,
we collect a monthly average of 216.6 tons of materials from our
efforts with multi-family dwellings, community drop-off sites and
office paper containers.
In FY 91-92 our efforts will be expanded in all areas to include
10,000 dwelling units in multi-family buildings being phased into a
co-mingled recyclables and newspaper program. Additional efforts will
also be made in the commercial and yard waste areas.
Staff is seeking City Commission approval to submit our "Year Four"
application for funding to the SWA. The submission deadline is August
31, 1991. We have been instructed to request the same level of
funding as received last year which is $57,913; however, it is our
understanding that we may very well receive an additional allocation.
Application materials are being prepared by Richard Bauer, Code
Enforcement Administrator and Doug Randolph, Grants/Training
Coordinator.
RECOMMENDATION:
We recommend City Commission approval of the grant proposal developed
by staff and authorization for staff to submit the same pursuant to
terms specified by DER/SWA.
LB:DQ DlO RECGRANT.CC
","
I."
Agenda Item No.:
AGENDA REQUEST
Date: August 5, 1991
Request to be placed on:
X Regular Agenda Consent
Special Agenda
Workshop Agenda When: August 13. 1991
Description of item (who, what, where, how much): RpqIlP!'lt- r.;t-y r.mmn;!'l!'l;nn
approval to submit "Year Four" Recycling and Education Grant Application.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Approval to submit
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). ~/~
Department Head Signature: ---=-
City Attorney Review/ Recommendation (if applicable): N/A
,
Budget Director Review (required on all items involving expenditure
of funds): N/A
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @4 NO {/vI
Hold Until:
Agenda Coordinator Review:
Received: ~.
Placed on Agenda:
Action: Approved/Disapproved
~ MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LOLA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: CITY COMMISSION APPROVAL SUBMIT -YEAR FOUR- RECYCLING AND
EDUCATION GARNT APPLICATION
DATE: AUGUST 6, 1991
ITEM BEFORE THE COMMISSION:
- -
The approval of and authorization to submit year four (4) Recycling
and Education Grant application from the DER/SWA Recycling Program in
the amount of $57,913.
BACKGROUND:
For FY 90-91 the City received a grant of $57,913 from the DER/SWA
Recycling Program. The objective of this five-year program is to
recycle at least 30% of Florida's waste stream by 1994, as mandated by
the State.
The City of Delray Beach is utilizing these grant funds for promotion,
education and program expansion. In addition to our curbside program,
which collects an average of 476,000 pounds of recyclable per month,
we collect a monthly average of 216.6 tons of materials from our
efforts with multi-family dwellings, community drop-off sites and
office paper containers.
In FY 91-92 our efforts will be expanded in all areas to include
10,000 dwelling units in multi-family buildings being phased into a
co-mingled recyclables and newspaper program. Additional efforts will
also be made in the commercial and yard waste areas.
Staff is seeking City Commission approval to submit our "Year Four"
application for funding to the SWA. The submission deadline is August
31, 1991. We have been instructed to request the same level of
funding as received last year which is $57,913; however, it is our
understanding that we may very well receive an additional allocation.
Application materials are. being prepared by Richard Bauer, Code
Enforcement Administrator and Doug Randolph, Grants/Training
Coordinator.
RECOMMENDATION:
We recommend City Commission approval of the grant proposal developed
by staff and authorization for staff to submit the same pursuant to
terms specified by DER/SWA.
LB:DQ D10 RECGRANT.CC
.,111
For Year Four, we will concentrate our efforts in the following areas:
-
A. Approximately 10,000 dwelling units in multi-family buildings will
be phased into a glass, plastic, aluminum and newspaper recycling
program.
B. Commercial recycling will commence on a voluntary basis.
C. City government use of recycled products will continue.
D. City government office paper and co-mingled recycling will continue.
E. The educat.ional component will be continued and expanded.
F. Certain yard and garden waste will be recycled into usable landscape
mulch.
v. OPERATIONAL STRATEGY
Year Four expansion includes:
A. Multi-Family Unit Buildings
Our contract with Waste Management was recently amended to include
establishing recycling programs for multi-unit residential
buildings for co-mingled glass, plastic and aluminum and newspaper.
We will work toward the implementation of the aforementioned
program in Year Four. This will involve approximately 10,000
individual dwelling units.
B. Commercial Recycling
This program will provide education, promotion, collection and
disposal services to participating office complexes, restaurants,
taverns and retail stores located in Delray Beach. A recent
contract amendment between the City and Waste Management authorizes
Waste Management to establish a a voluntary recycling program to
include corrugated cardboard, mixed office paper and aluminum, glass
and plastic containers.
C. City Government Use of Recycled Products
Local government can lead the way in this area by utilizing recycled
products. In Year Four, we will continue to encourage the City of
Delray Beach to use recycled paper products. In addition, we will
work with the City's Purchasing Department to consider purchasing
products that are manufactured with recycled materials (e.g. , park
benches, paving material, trash containers, parking lot bumpers,
etc.).
D. Office Paper Recycling Program
The City has implemented a program for the collection of high grade
office paper, envelopes and copier paper. Separate containers are
also provided for computer paper, newspaper and aluminum cans. The
aforementioned efforts are in place at all governmental buildings
and will be continued and encouraged in Year Four.
2
~, III
'"
VII. MATERIALS RECOVERY ESTIMATES AND DISPOSITION
-
The Delray Beach residential recycling program consists of two entities--
curbside and multi-family. At present, a monthly average of
approximately 476,000 pounds of co-mingled plastic, glass, aluminum and
newspaper are collected from approximately 15,800 homes participating in
the curbside program. A monthly' average of approximately 216.6 tons of
paper materials and other recyclables are being collected from multi-unit
dwellings, a Community drop-off facility, and office paper containers at
governmental buildings. These recyclables are collected by Waste
Management of Palm Beach and transported to the Solid Waste Authority's
Delray Beach transfer station for processing (except for office paper).
During 1991-1992, our program is being expanded to include co-mingled
recyclables and newspaper at all multi-unit residential buildings. This
will bring recycling services to approximately 10,000 additional
individual dwelling units. We expect monthly volumes of recycled
materials to increase considerably as the multi-family program is
implemented during Year Four. Additional recyclable materials will be
collected from those commercial firms which choose to participate in the
voluntary commercial recycling program - and through recycling certain
yard and garden wastes.
VIII.PROJECT BUDGET
The City of Delray Beach maintains a contractual agreement with Waste
Management to do curbside, multi-family and commercial pickups and
hauling.
We will utilize the grant funds for continued expansion, coordination,
pub lic information and education of recycling programs. You will note
from the accompanying figures that the projected budget expenditures are
more than the anticipated grant funding. ($67,979 projected budget versus
the Year Three grant amount of $57,913.37). This is another example of
the City's commitment to the recycling effort.
A. Public Information
Amount
Public Information (Pamphlets, Flyers, Media)............ $10,650
Total Public Information ................................ $10,650
B. Salaries, Wages, Etc.
Amount
Salaries and Wages (Recycling Coordinator)............... $34,501
FICA/Health/Life/Disability, etc. .......... ...... ... .... 7~419
Total Salaries, Wages, Etc. ................... .......... $41,920
4
~ III
,,,
XI. CONCLUSION-
We are pleased with the response to and cooperation with our efforts to
date. Much work needs to be accomplished. We feel that our plans for
Year Fo~r are ambitious but realistic and necessary to attain the type
of public acceptance required to be truly successful in this effort.
For us to obta~n the expected results, we need our full share (and more,
if possible) of the prorated funds from the Educational and Recycling
Grant Program. This would equate to at least the amount obtained for
Year Three, $57,913.37.
6
f,,1I
YEAR FOUR RECYCLING AND EDUCATIONAL GRANT APPLICATION
CITY OF DELRAY BEACH
I. PROGRAM TITLE
"Delray Beach Recycles"
II. PROGRAM SPONSOR'
City of Delray Beach
III. PROGRAM CONTACT
Richard Bauer
Code Enforcement Administrator
City of Delray Beach
100 N. W. First Avenue
Delray Beach, Florida 33444
(407) 243-7214
IV. PROGRAM OVERVIEW
We are extremely pleased with the results of our efforts to date and are
looking forward to continued acceptance, cooperation and expansion in the
future.
Delray Beach's pilot curbside recycling program started in April, 1989
with recycling containers provided to 800 single-family homes. In
October, 1989, the program was expanded to include approximately 15,800
single-family homes. Currently, all single-family homes in Delray Beach
are included in the recycling program for glass, plastic, aluminum, and
newspaper. Approximately 4,559 dwelling units in multi-family buildings
are involved in a newspaper recycling program. In addition, the City
established a community recycling drop-off program at City Hall for mixed
recyclables, newspaper and corrugated cardboard and a governmental office
paper recycling program.
Here are some key statistics to show the status of the City's programs:
- For the period August, 1990 through June, 1991, a monthly average of
44.4% of single family homes participated in the curbside program.
During the above period, an average of 476,000 pounds per month of
recyclables was collected at curbside.
- For the period February, 1991 through June, 1991, a monthly average
of 216.6 tons of recyclable materials was collected from multi-
family, community and office paper containers.
In April, 1990, a full time Recycling Coordinator was hired by the City
of Delray Beach. The aforementioned coordinator left the City's employ in
May, 1991 to assume a similar position at St. Lucie County. While we are
recruiting to fill the vacant position, the City's Code Enforcement
Administrator is managing the recycling program.
1
E. Yard and Garden Waste
.
The City's contract hauler, Waste Management, has begun to recycle
yard and garden waste into landscape mulch. In May and June, 1991
over 655 tons of yard and garden waste was mulched by Waste
Management. This program will be monitored and expanded during Year
Four.
During Year Four, we expect to again have a full time Recycling
Coordinator whose principal duties will be to ensure the continued
success of existing programs, to monitor and participate in the
implementation of the multi-family program, to coordinate activities
with our contract hauler and to perform civic, educational and public
relations tasks aimed at increasing the awareness of and participation in
recycling programs.
VI. EDUCATIONAL STRATEGY
Education is the key to the future of recycling. Only by increasing
public awareness and developing good recycling habits will we be able to
achieve our goals. While we have had good success to date in this area,
education will continue to be a major focus of our program. Education
can" be divided into two main components--the development of new habits
and the breaking of old ones.
The development of new habits can often best be achieved with our
children. Children who are exposed to and learn about the benefits of
recycling develop positive attitudes and recycling becomes a part of
normal life. A secondary benefit comes from the child encouraging other
family members to recycle. In the past, three Delray Beach elementary
schools were selected to participate in the "cash for cans" recycling
effort. Our Recycling Coordinator will expand efforts to reach more
children by sending announcements to educators for all grade levels to
inform them of recycling education services that can be provided.
Breaking old habits is also necessary for the future well-being of the
recycling effort. In Year Four of our program, we intend to continue to
increase our exposure to citizen, merchant and civic groups of Delray
Beach. Our plans include having an information booth at community
events.
In addition to business and civic groups, promotional presentations and
materials will be made available to various apartment and condominium'
complexes to rally support and to increase participation in our new
multi-family recycling program.
We have not forgotten those who continue to participate in our curbside
program. Quarterly recycling updates and periodic flyers featuring
consumer tips and recycling news will be distributed to these
participants.
We fully expect that our educational efforts will reach virtually all
residents of Delray Beach through personal visits or mailings.
3
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C. Operating Expense
Amount
Other Professional Services ...... ........ ........... .... $ 1,100
Trc:ivel and Training ..................................... 3,100
Postage .............. ............ ........ ............... 6,032
Operating Supplies . .............. ..... ... ............... 1,500
Memberships/Publications ... ...... ..... ... ............... 483
Film Supplies/Processing ........... ... ... ..... ..... ..... 500
Rental of Equipment ..... ......... ........ ........... .... 1,428
Gas/Oil/Lubricants/Repairs . ...... ....................... 1,266
Total Operating Expense ................................. $15,409
TOTAL PROJECTED BUDGET FOR YEAR FOUR .................... $67)979
Since we are greatly expanding our recycling programs in 1991-1992. any
additional grant funds that could be provided to us would be most
welcome. We would use additional monies for the enhancement, improvement
and monitoring of our efforts. We believe we have one of the best, most
progressive recycling efforts in the State of Florida and we continue to
explore avenues to reduce materials sent to the landfill.
IX. RELATED ORDINANCES OR CONTRACTS
Enclosed please find a certified true and correct copy of the Interlocal
Agreement between the City of Delray Beach and the Solid Waste Authority
of Palm Beach County. This Agreement was entered into on May 17, 1989
and remains in effect for the full duration of the Department of
Environmental Regulation's Solid Waste Grant Program.
Also enclosed is a certified true and correct copy of City of Delray
Beach Ordinance Number 54-89 which established single family curb side
recycling. Ordinance Number 48-91 which established commercial and
multi-family recycling, and a copy of our contract with Waste Management.
It should also be noted that in August, 1991, the City of Delray Beach
City Commission authorized the submission of the Year Four grant
application for funding to allow for the continued promotion, maintenance
and expansion of the City's recycling and educational programs.
X. EVALUATIVE PROGRAM
A major focus of our 1991-1992 recycling program will be public
education. Several mass mailings will reinforce the recycling message.
This type of educational effort coupled with other public relations
components is expected to increase the level of participation. In
addition. the Recycling Coordinator will conduct quarterly field surveys
to ascertain the quality of services provided to the community. Major
program enhancements and modifications will be made in 1991-1992 to
include multi-family recycling and the implementation of voluntary
commercial recycling, all designed to move us toward our 30% recycling
goal.
5
1';"\
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY HANAGER {ilv'l
SUBJECT: AGENDA ITEM # <g 0 - MEETING OF AUGUST 13, 1991
INCREASE IN HEALTH AND DENTAL INSURANCE PREMIUMS
DATE: August 7 , 1991
This item is before you to approve an increase in the premiums for
health and dental coverage for employees and their dependents. Our
claims administrator, Anthem Life Insurance Company, has projected our
health claim costs for next year. Based on these projections, rate
increases are proposed. The City's contribution for employees will be
increased by $13.24 from $159.59 to 172.83 per employee, per month.
The cost for dependent coverage will be increased by $33.07 from
$214.43 to $247.50. These rate breakdowns are based upon the actual
claims of employees versus dependents. The Commission may transfer
charges from dependent to employee to equalize the increase, if so
desired.
While the City does not share in the expense of the dental insurance
coverage, we are responsible for establishing the rate. Accordingly,
a rate increase is proposed in order to meet next years projected
costs. The proposal is to increase the current rate for employees by
.69C from $14.80 to 15.39 and the dependent rate by .43C - $1.07, from
$10.76 - $26.60 to $11.19 - $27.67 depending on the number of
dependents insured.
A survey of the premiums paid by the surrounding municipalities is
attached in the back up material for your information.
In addition, staff is recommending that the deduction schedule for
City employees-married to-City employees be extended to 26 weeks.
Recommend approval of an increase in the premiums for health coverage
for employees and their dependents from $159.59 to 172.83 and $214.43
to $247.50 respectively, approve an increase in the premiums for
dental coverage for employees and their dependents from $14.80 to
15.39 and from $10.76 - $26.60 to $11.19 - $27.67.
David T. Harden, City Manager
March 14, 1991
Page Three
OTHER INFORMATION AFFECTING RATES:
Claims Employee Dependent Total
1986 $ 384,225 $259,083 $ 643,308
1987 366,800 339,863 706,663
1988 717,706 263,597 981,303
1989 908,428 498,362 1,397,791
1990 (01/01/90-12/31/90) 1,036,774 528,233 1,565,007
Budgeted 1991 1,113,000 547,510 1,660,510
Actual Units 06/30/90 664 228
Claims per unit per year 1,676 2,401
Claims per unit per month $139.67 $200.08
NUMBER OF UNITS ENROLLED (March 7, 1991):
Employees per retirees per COBRA = 684
Dependents = 209
CALCULATION OF RATES PER MONTH:
Employee Dependent
A. Prior year claims per unit per month $139.67 $200.08
B. Projected increase in claims rate 1. 10% 1. 10%
C. Projected claims per unit per month $153.63 $220.00
D. Fee surcharge (12.5%) 19.20 27.50
E. Total cost per unit per month $172.83 $247.50
Fee Surcharge:
684 employee units x $27.69/mo. x 12 mos. = $ 227,280 = 12.44% = 12.5%*
Projection of Claims $1,826.561
REVENUE/EXPENSE PROOF
Revenue Projection:
684 employee units x $172.83 x 12 = $1,418,589
209 dependent units x $247.50 x 12 = 620,730
Total Revenue $2,039,319*
.'"
// David T. Harden, City Manager
March 14, 1991
,
Page Four
Expense Projection:
Projected claims per unit per year
Employee = $1,676 x 1.10% x 684 units = $1,261,024
Dependents = $2,401 x 1.10% x 209 units = 551,990
$1,813,014
Other Fees (12.5%) = 226,627
Total Costs $2,039,641*
*Rounding
To summarize this seemingly endless array of numbers, we simply need to
compare current rates to the proposed rates for employees and dependents.
Employee Dependent
1990-91 rates per month $159.59 $214.43
1991-92 rates per month $172.83 $247.50
Percent Increase 8.3% 15.4%
NOTE: These rate breakdowns are based upon the actual claims of employees
vs. dependents. The City may transfer charges from dependent to employee
to equalize the percentage increase if this be their desire.
A comparison of our rates with surrounding municipalities is presented as
follows:
Employee Dependent
Pompano Beach $204.00 $262.00
Boca Raton $172.16 $270.66
Boynton Beach $200.36 $235.34
Deerfield Beach $146.18 $257.58
Lake Worth $126.04 $232.30
West Palm Beach $159.87 $287.38
Delray Beach (present) $159.59 $214.43
Delray Beach (proposed) $172.83 $247.50
We would recommend that these rates be put into place on October 1, 1991
since the last premium adjustment was made on this date last year. The
City must be willing to address any budget shortfall until this date due to
these rate changes.
JMS/slh
cc: Lee Graham, Risk Management Officer
Marty Ritchason, Director of Human Resources
f.'1I
.
CITY OF DELRAY BEACH
PROPOSED HEALTH INSURANCE PREMIUMS
FOR FISCAL YEAR 1991-92
Monthly Monthly
Single Dependent
Rate Rate
Employee $172.83 $247.50
Retiree $172.83 $247.50
COBRA $176.29 $252.45
Following is a survey conducted by the Risk Management Office on August 2.
1991 comparing our current and proposed rates to surrounding
municipalities:
HEALTH INSURANCE RATE SURVEY
Monthly Monthly
City Surveyed Employee Rate Dependent Rate
Pompano Beach $204.00 $262.00
Boca Raton $125.00 $260.00
Boynton Beach $200.36 $235.34
Deerfield Beach $146.17 $257.58
Lake Worth $147.17 $261. 26
West Palm Beach $159.87 $287.38
Delray Beach (Current) $159.59 $214.43
Delray Beach (Proposed) $172.83 $247.50
.
.
CITY OF DELRAY BEACH
PROPOSED DENTAL INSURANCE PREMIUMS
FOR FISCAL YEAR 1991-92
Monthly Monthly
Single Dependent
Rate Rate
Employee $ 15.39 $11.19-$27.67*
Following is a survey conducted by the Risk Management Office on August 2,
1991 comparing our current and proposed rates to surrounding
municipalities:
DENTAL INSURANCE RATE SURVEY
Monthly Monthly
City Surveyed Employee Rate Dependent Rate
Pompano Beach none none
Boca Raton none none
Boynton Beach $ 14.18 $ 25.44
Deerfield Beach $ 14.95 $ 37.98
Lake Worth $ 9.95 $ 23.70
West Palm Beach $ 9.90 $ 24.00
Delray Beach (Current) $ 14.80 $10.76-$26.60*
Delray Beach (Proposed) $ 15.39 $11.19-$27.67*
*This range represents monthly rates for one dependent through three or
more dependents.
,. <I~
- ::~~Lee ~~
Agenda Item No. :
AGENDA REQUEST
Date: 08-05-91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 08-13-91
Description of agenda iteM (who, what, where, how much): Approval of the
followin to be effective 10-01-91 for fiscal ear 1991-92:
1 Increase in ealth insurance and denta premiums per attac e sc
2) Modify the current dependent health insurance deduction for employees-married-to-employee~
from a 24-week basis to a 26-week basis.
ORDIHABCE/ RESOLUTION REQUIRED: YESt€) Draft Attached: YES..€)
Recommendation: Risk Management Officer, Finance Director and City Manager
recommend approval.
Department Head Signature:
Deter.ination of Consistency Comprehensive
City Attorney Review/ Recommendation (if applicable): JJ../A
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: (Y/ NO 1M
Hold Until:
Agenda Coordinator Review: J'
Received:
':.- f i ~I .
Action: Appr ed/Disapproved
"'11
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (/vi
SUBJECT: AGENDA ITEM # 1?S - MEETING OF AUGUST 13, 1991
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD OPERATING BUDGET
DATE: August 7 , 1991
The South Central Regional Wastewater Treatment and Disposal Board
(SCRWTD) at its July 18th meeting approved their operating budget for
fiscal year 1991-92 in the amount of $3,210,000. This amount
represents a decrease of $2,099 from last years budget. The most
significant changes over last years budget include a decrease in the
Personnel Services budget of $141,099 and an increase in the Operating
budget of $314,000. A detailed budget document is available for
review in the City Manager's Office.
Recommend ratification of the South Central Regional Wastewater
Treatment and Disposal Board's operating budget for fiscal year
1991-92.
~; 5'/l<Il'I
.
~ ff9/-- /~5
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
.
1801 North Congress Avenue · Delray Beach, Florida 33445
Telephone
ROBERT J. HAGEL 272.7061 734.2577
Ezecutiue Director Fax: (407) 265-2357
TO: ALL BOARD MEMBERS
FROM: ROBERT J. HAGEL, EXECUTIVE DIRECTOR
DATE: JULY 9, 1991
RE: 1991/1992 BUDGET
1. It is ant.icipat.ed that. flows will increase from
liJ.,800,000 gallons per day for t.his budget year t.o
15,000,000 gallons per day in 1991/1992.
"') The 1991/1992 operational budget is $3,210,000 as compared
... .
to $3,212,099 for last years budget.
3 . Due to consolidating work assignments plus cont.ract.ing
for ac1minist.rat.ion building cleaning and lawn maintenance
we are able t.O eliminate t.wo mid management positions (
Chief of Operations and Chief of Maintenance) plus four
additional positions which, reduces our staff from 30 to
2iJ.. (Organization chart enclosed)
iJ. . The impact of the aeration basin/pump station expansion on
the budget is as follows:
Insurance $8,000
Permits $2,000
Chemicals $28,500
Fuel $iJ.,OOO
Elect.r ici ty $80,000
TOTAL $122,500
5. We have increased the gr it. haul ing amount. by $10,000.
This will allow us to de'-Iater and remove, with our
present hauler, the grit from the cities sewer cleaning
equipment.
PAGE 2
~
6. Line 160 (Incent.ive program) has been added t.o t.his years
budget. in t.he amount. of $5,000 to encourage cost saving
suggest.ions from employees.
7. We have budget.ed $50,000 for administ.rat.ion building
cleaning and lawn maintenance. Wi t.h t.he plant.ing of new
veget.at.ion included in t.he const.ruct.ion cont.ract. for t.he
aeration basin ptmlp st_at.ion expansion project., t.he lawn
maint.enance will increase subst.antiall y over previous
years.
8 . Al t.hough t.he new diffusers will offset. t.he elect.rical cost.
()f the mechanical aerator for the aeration basin/effluent
plmlp station expansion, an additional $80,000 has been
budgeted to provide power for t.he aerat.ion basin scrubber
system and the effluent ptmlps.
9 . An adcli t.ional $35,000 has been budgeted for electricity in
anticipation of a rat.e increase from Florida Power and
Light. Company.
10. Sludge hauling cont.inues t.o have a major impact on our
budget. . We are presently investigating the possibility of
inst.all ing a belt. press t.o dewater our sludge. Al t.hough
t.he original inst.allation for the press will be expensive,
t.here could be a $250,000 reduction in sludge hauling and
an addi t.ional reduct.ion of $~5,000 in electricity usage
per year. We will provide more det.ailed information t.o
t.he board on t.his matter in t.he next. few mont.hs.
1I. The budget. for Engineering Services has been reduced by
$175,000 from last years budget. This is due t.o t.he fact.
that t.he Biotoxicity Engineering which was budgeted
In the previous year was not spent. We are uncert.ain
,.,hat. t.he fut.ure requirements of FDER and EPA will be
regarding this mat.t.er. Therefore, we feel t.hat the cost.
associated wi t.h this study can be delayed until a later
date.
12. The Capital Assets Budget requested for 1991/1992 is
$39,862.00
If you have any questions please advise.
RH/bw
CC: D. Harden
'S. Miller
R. Federspiel
J. Guidry
B. Greenwood
Haaz & Diaz
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".'1
Page 1
SOUTH CENTRAL REGIONAL HASTEWATER TREATMENT & DISPOSAL BOARD
1989-90 1990-91 1990-91 1991-92
DESCRIPTION ACTUAl. BUDGET PROJECTED BUDGET
SUMMARY
PERSONNEL SERVICES 1,114,821 1,231,099 1,217,050 1,090,000
OPERATIONAL EXPENSES: 1,595,881 1,661,000 1,763,000 1,975,000
SERVICE CONTRACTS
OPERATIONS/MAINTENANCE
SUPPLIES & CHEMICALS
SUB TOTAL -
PERSONNEl. & OPERATIONAL 2,710,702 2,892,099 2,980,050 3,065,000
EXPENSES
ENGINEERING 133,807 320,000 125,000 145,000
TOTAL - ALL ACCOUNTS 2,844,509 3,212,099 3,105,050 3,210,000
I
Revised 7/09/91
,._."._.~-~
~ rf<fJl-/cZ5
Page 2
SOUTH CENTRAL REGIONAL WASTEHATER 'l'REA'l'MENT & DISPOSAL BOARD
PERSONNEL SERVICES
ACCT. 1989/90 1990-91 1990-91 1991-92
NO. DESCRIPTION ~tt hj B 8fieET BUDGET PROJECTED BUDGET
120 REGULAR WAGES 832,528 881,549 860,000 755,000
130 HERI'1' SYS'l'EM 0 50,000 50,000 40,000
140 OVER'l'IME 29,638 25,000 33,000 30,000
150 CHRISTMAS BONUSES 2,291 1,550 1,550 0
151 SICK LEAVE REDUCTIONS 2,840 5,000 7,500 3,000
152 PAYROLL CONTINGENCY 1,450 2,500 2,500 2,500
160 INCENTIVE PROGRAM 5,000
210 SOCIAL SECURITY 66,879 74,000 72,000 65,000
CONTRIBUTIONS
21 PENSION (SUN BANK) 73,776 75,000 75,000 75,000
,
230 BC/aS HEALTH INSURANCE 54,852 65,000 70,000 65,000
231 DENTAL INSURANCE 6,240 5,500 6,000 7,000
232 DISABILITY INSURANCE 9,434 8,500 8,500 8,000
233 LIFE INSURANCE 1,198 2,500 2,000 2,000
240 WORKER'S COMPENSATION 25,654 24,750 25,000 23,000
250 UNEMPLOYMENT 7,400 9,250 3,000 8,500
270 EMPLOYEE ASSIST. PROG. 641 1,000 1,000 1,000
TOTAL PERSONNEL
SERVICES: 1,114,821 1,231,099 1,217,050 1,090,000
",'I
Page 3
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
~
OPERATIONAL EXPENSES
SERVICE CONTRACTS
ACCT. 1989-90 1990-91 1990-91 1991-92
NO. DESCRIP'l'ION ACTUAL BUDGET PROJ EC'l'ED BUDGET
310 MEDICAL SERVICES 620 2,000 2,000 2,000
320 ACCOUNTING/AUDITING 17,336 16,000 18,000 18,000
321 LEGAL (ADMINISTRATION) 27,118 18,000 27,000 25,000
322 TOXICITY LEGAL FEES 37,902 20,000 18,000 20,000
338 PRETREATMENT PROGRAM 14,410 20,000 14,000 15,000
339 TOXICITY TESTING 17,692 25,000 3,000 40,000
340 SLUDGE HAULING 495,622 500,000 550,000 550,000
341 SLUDGE, LIQUID, 2,450 2,000 2,000 2,000
CHEMICAL ANALYSIS
342 IBM COMPU'l'ER 4,428 3,000 3,000 3,500
343 COPIERS included 3,500 4,000 5,000
in # above
344 FLORIDA SERVICE - 3,900 7,500 8,000 8,000
METER CALIBRATION
345 GRIT HAULING 20,185 20,000 20,000 30,000
346 SERVICE CONTINGENCY 4,956 3,500 2,000 3,500
390 CONTRAC'l' \-lORK 25,559 25,000 25,000 25,000
TOTAL
SERVICE CONTRACTS 672,178 665,500 696,000 747,000
Page 4
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
.
1\CCT. 1989-90 1990-91 1990-91 1991-92
NO. DESCRIPTION ACTUAL BUDGET PROJECTED BUDGET
OPERATIONAL EXPENSES
OPERATIONS/MAINTENANCE
400 TECHNICAL SESSIONS AND 8,695 8,500 10,000 .12,000
TRAINING
401 AUTOMOTIVE EXPENSES 5,357 7,500 5,000 8,500
410 TELEPHONE EXPENSE 8,283 8,000 10,000 8,500
440 EQUIPMENT RENTAL 790 2,000 1,000 2,000
450 INSURANCE EXPENSE 52,544 70,000 80,000 85,000
460 BUILDINGS 8,041 8,500 12,000 10,000
461 EQUIPHENT - PLANT 65,378 35,000 112,000 60,000
462 VECHICLES - PLANT 6,988 5,000 5,000 5,000
463 GROUNDS UPKEEP/MAINT. 843 5,000 5,000 50,000
j64 REPAIR CONTINGENCY 8,589 25,000 15,000 15,000
(DEFICIENCIES)
490 ADVER'l'ISING 4,365 2,000 2,000 2,000
491 LICENSES, PERMITS 3,545 3,000 3,500 5,000
TOTAL
OPERATIONS/MAINTENANCE 173,426 179,500 260,500 263,000
.
,
.."'
Page 5
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
OPERATIONAL.EXPENSES
SUPPLIES & CHEMICALS
ACCT. 1989-90 1990-91 1990-91 1991-92
NO. DESCRIP'l'ION ACTUAL BUDGET PROJECTED BUDGET
510 OFFICE SUPPLIES/ 7,061 8,500 8,500 8,500
CONSUMABLES
515 SAFETY SUPPLIES 15,906 15,000 15,000 10,000
520 UNIFORM EXPENSES 3,358 5,000 5,000 4,000
521 BOARD CONTINGENCY 1,805 1,500 3,000 7,500
522 * CHEMICALS 219,086 242,500 236,000 251,000
* CHEMICAL RECAP:
522.1 POLYMER 70,002 46,000 75,000 70,000
522.2 LIME 51,711 60,000 55,000 56,000
522.3 CHLORINE 79,702 115,000 91,000 85,000
522.5 CHEMICAL CONTINGENCY 17,671 21,500 15,000 40,000
523 GENERAL OP. SUPPLIES 17,680 12,000 16,000 15,000
524 JANITORIAL SUPPLIES 7,295 5,000 5,000 5,000
525 LABORATORY SUPPLIES 16,322 20,000 18,000 18,000
526 OIL, LUBRICANTS, 7,061 4,000 5,000 5,000
GREASE, GAS (OPERATIONS)
527 CONSTRUCTION MATERIALS 1,807 1,000 3,000 3,000 I
528 SMALL TOOLS, EQUIPMENT 5,472 5,000 8,000 5,000
529 OFFICE EQUIP.(<$500) 3,614 2,000 2,000 2,000
530 LAB EQUIPMENT (<$500) 0 2,500 3,000 2,500
Page 6
SOUTH CENTRAL REGIONAL WASTffiqATER TREATMENT & DISPOSAL BOARD
-
\CCT . 1989-90 1990-91 1990-91 1991-92
NO. DESCRIPTION ACTUAL BUDGET PROJ Ec'rED BUDGET
531 ELEC'l'RICI 'J'Y 428,473 475,000 460,000 610,000
532 WATER CONSUMPTION 7,011 8,500 9,000 9,500
533 GARBAGE COLLECTION 624 1,000 2,000 1,000
540 MEMBERSHIP, DUES, 2,701 2,500 3,000 3,000
SUBSCRIPTIONS
541 EDUCATIONAL EXPENSES 5,001 5,000 5,000 5,000
TOTAL SUPPLIES & CHEMICALS 750,277 816,000 806,500 965,000
OPERATIONAL EXPENSES
I
SERVICE CONTRACTS 672,178 665,500 696,000 747,000
OPERATIONS/MAINTENANCE 173,426 179,500 260,500 263,000
SUPPLIES & CHEMICALS 750,277 816,000 806,500 965,000
TOTAL OPERATIONAL EXPENSES 1,595,881 1,661,000 1,763,000 1,975,000
.
Page 7
SOUTH CENTRAL REGIONAL WASTEWATER & TREATMENT & DISPOSAL BOARD
~
ENGINEERING
ACCT. 1989-90 1990-91 1990-91 1991-92
NO. DESCRIPTION ACTUAL BUDGE'l' PROJECTED BUDGET
GOO ENG. CONTINGENCY 37,043 100,000 110,000 110,000
601 BIOTOXICITY ENG. 96,443 200,000 10,000 15,000
602 PRETREATMENT PROGRAM 321 20,000 5,000 20,000
ENGINEERING
TOTAL ENGINEERING 133,807 320,000 125,000 145,000
PERSONNEL SERVICES
ACCT. . -
120 REGULAR WAGES Base wages -24 Employees
5 Administrative
4 Lab & Pretreatment
15 Operations & Maintenance
130 MERI'l' SYSTEM Annual performance evaluations
based on review criteria.
140 OVER'l'IME Shift coverage as required
operationally. Hours worked on
a holiday are paid at time and
a half.
151 SICK PAY REDUCTIONS Employees have the option to cash
out (at 50% payment) all sick
days in excess of fifteen (15 )
accrued in sick day bank after
second anniversary.
152 PAYROLL CONTINGENCY Employee annual appreciation
dinner and luncheons (i.e.,
Senior Volunteer, retirements,
recognition, and safety awards.)
160 INCENTIVE PROGRAM Employee incentives for
implemented ideas and suggestions
for overall efficiency and
operational cost reductions.
Policy will be submitted to Board
for approval at later date.
I
.
210 SOCIAL SECURI'l'Y/ Employer's Cost 8% . Currently -
MEDICARE Social Security 6.2%
Medicare 1.45%.
221 PENSION Defined board contribution on 40
hours base pay for participants.
230 BLUE CROSS/BLUE SHIELD Board cost per employee is $225
HEALTH INSURANCE monthly. * Dependent coverage not
provided by Board.
231 DENTAL INSURANCE Monthly Board/Employee cost:
Family premium $37.85 each
Single premium $13.80 each
* Premium increase Aug. 1991
232 DISABILITY INSURANCE Long Term Disability Insurance
(Equi table I.ife) provided by the
Board at approximately 1% of 40
hour base pay per employee. Cost
$0.95/$100 compensation.
233 LIFE INSURANCE Board provides $10,000 life
insurance. Cost based on age
of employee.
240 WORKERS COMPENSATION Cost per employee annually
$3.75/$100 plant workers.
$0.59/$100 administrative
Based on a 40 hour base pay.
250 UNEMPLOYMENT 1 % Base Wages. All wages now
applicable to unemployment taxes.
270 EMPLOYEE ASSISTANCE Board cost:
PROGRAM $2.00 per employee per month.
Provides family counseling and
referral service to employees and
their families.
SERVICE CONTRACTS:
~
310 MEDICAL SERVICES Employee physicals, drug
screens/injections,
320 ACCOUNTING AND Annual Audit. Accounting services
AUDrrING as required.
321 ADMINISTRATIVE LEGAL Attorney fees.
322 TOXICITY LEGAL FEES Continuing Operational Permit
Legislation.
338 PRETREATMENT PROGRAM Monitoring of program.
Required quarterly influent,
effluent and sludge priority
pollutant scans.
339 TOXICITY TESTING EPA/DER Discharge Permit will
require biimonthly acute toxicity
testing ($25,000) and quarterly
chronic toxicity testing
($15,000)
340 SLUDGE HAULING Based on 15 mgd 19,439,178 gal-
lons. 6 % solids @ cost
$28.00/1,000 gallons hauled.
341 SLUDGE, LIQUID, (1) fecal - monthly, ( 4 ) heavy
CHEMICAL ANALYSIS metals. ( 2 ) grease samples I
TESTING yearly.
I',"
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342 IBM COMPU'l'ERS ( 6 ) Service Contracts for
computers and monitors.
343 COPIERS Maintenance contract plus estimated
parts and service not included in
contract.
(Based on 7,500 copies/month)
344 FLORIDA SERVICE Calibration of transmitters,
METER CALIBRATION totalizers, recorders and
flowmeter pump as required
345 GRIT HAULING Based on 15 mgd projected flow
(365 days per year)
808,000 lbs. grit ~ $.0225/lb.
I Hauling $65 per trip.
NEW ITEM:
Vactor Waste Disposal
500,000 lbs. (3 cu yds per
ci ty per week). $10,000
346 SERVICE CONTINGENCY Water ConcH tioner, HSDS Service,
Lab Electric Analytical Balance,
Lab Thermometer Calibration,
Laboratory Quality Control,
Postage meter and scale, Fax
J.1ach i ne, Fire extinguishers,
Timeclock, Dictaphone, IBM type-
writers, Daisywheel Printer,
Action-writer and any other
service contracts as needed.
390 CONTRACT WORK Computerization
Plant appraisal
McGinley Associates
Annual Air Scrubbers
Ocean Outfall inspection
I
OPERATIONS/MAINTENANCE
400 TECHNICAL SESSIONS Operators Short Schools, Regional
Schools, Lab Technical and Quality
Assurance Short Schools, Personnel
Seminars, Computer Classes, WPCF
Convention, Technical Schools.
Annual Conference.
NEW ITEM
Chlorine Safety Training Program
$3500
401 AUTOMOBILE LEASE (1) Lease vehicle 12 months @ $290.
Mileage allowance @ $.275/mile.
Fuel for (4) pickup trucks(l) dump
truck and (I) leased automobile and
misc. mileage reimbursement.
410 TELEPHONE EXPENSE Monthly base fees and long distance
usage including Fax machine, (2)
Cellular Phones @ $35/mo. each base
fees.
440 RENTAL EQUIPMENT Cranes, various equipment and
instruments as required in
maintenance and operations.
450 INSURANCE EXPENSE Property Liability
Fidelity and Public Officials Bond
Vechicle Insurance
Pollution Liability Insurance
Public Officials and Employees
I,iabili ty.
NEW ITEM
Property Liability
Aeration Basin/Pump Station
Expansion $8,000
1.'11
~
460 BUILDINGS/ Painting, repair or replacement
SUPPLIES of doors, screens, locks, windows,
ceiling tiles; electrical, plumb-
i.ng, and li.ghting.
461 PLANrr EQUIPMENT Annual repair items for compres-
sors, blowers, clarifiers,
aerators, chlorinators, pumps,
motors, gear drives. Normal wear
pumps and plant equipment.
462 PLAN'l' VEH ICLES Trucks, service carts, trac-
tors. and front end loader
463 GROUNDS AND Grounds and Administration
ADM. BUILDING Building Maintenance Contract,
MAINTENANCE landscaping, sprinkler systems,
retention ponds, piping, fertilizer
and administration building
cleaning.
NEW ITEM
Ground Maintenance Contract $35,000
Admin. Maintenance Contract $15,000
464 IDEN'l'IFIED Funds for emergency or unidentified
DEFICIENCIES equipment deficiencies that require
CONTIGENCY upgrade or improvement in operation.
490 ADVERTISING Advertisement and legal ad allowance
related to plant operation or bids
and public notices.
491 LICENSES AND PERMITS Radio FCC license $75, P.B. County
Health Department License $2150.
FEC Railroad crossing permit $20,
operational permit fees, Lab per-
mits, Air Pollution - PBC Health
Dept. $100. (2) Storm water Utility
Assessments $1000.
NEW ITEM
Aeration Basin/Pump Station
Expansion $2,000
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SUPPLIES - CHEMICALS
510 OFFICE SUPPLIES/ Annual projection: postage, copier
CONSUMABLES paper, stationary, business cards,
all check printing, general office
supplies and necessities.
515 SAFETY SUPPLIES Gloves,protective glasses,face
shields,aprons,hearing protec
tection,overboots,ear plugs, muf f,
emergency eye wash station, emer-
gency showers, cartridge respi-
rators, gas cartridge, sterile
storage bags for respirators,disin-
fection system for respirators,
fit test ampules, respirator stor-
age cabinets, disposable respir
ators, chemical spill absorbents,
oil sorbent, liquid chemical neu-
tralizers , barricade tape, hazar-
dous materials response kit, sal-
vage drum, diffusion detector
tubes, signs, labels, tags, first
aid supplies, fire extinguishers
and accessories , hazardous area
lights, emergency small tools,
safety charts, books, safety
contingency.
520 UNIFORMS Board participates 50% in uniform
rental. Board cost $3.75 per week.
Cost to purchase 7 pants and 7
shirts provided on a one time basis
cost of $225 per employee. (Provid
ed 3 new sets each year $75).
Annual work shoe allowance $50 per
employee. ,
521 BOARD CONTINGENCY Board plaques, Public Relations
good will tours, floral arrange-
ments or fruit baskets, cards,
for illnesses or funerals,
and business expenses including
, Executive Director's moving
expenses $5,000
.
~
522 CHEMICALS
.1 POLYMER Estimated annual
40,120 Ibs. @ 1.77/1b.
concentrated polymer.
Feed rate 9.5 Ibs per ton dry
solids
. 2 IJIME Calculated 640 tons @
$88.00 per ton
.3 CHLORINE Pre Chlorination 3000 Ibs/day
Post Chlorination 900 Ibs/day
718 tons @ $ll3/ton.
NEW I'l'EM
Aeration/Basin Pump Station
Expansion $3,000
. 5 CHEMICAL (1) Sulfuric Acid
CONTINGENCY 52 carboys @ $125/carboy $6500
( 2 ) HTH 4 drums @ $IOD/drum. $400
( 3 ) Sodium Hydroxide -$6,000
( 4 ) Cleaning Agents
3 drums @ $500 - $1,500
NEW ITEM
Aeration Basin/Pump Station
Expansion
(5)Additional Sodium Hydroxide-
$20,500
( 6 ) Hydrochloric Acid - $5,000
523 GENERAL OPERATING Operating supplies, raingear,
SUPPLIES hardhats, H2S pads boots, drager
tubes, gloves, hoses, firehoses,
extinguishers, chart pens,charts
(small supplies for day-to-day
operation) . Sludge jUdges,_ flags,
coffee supplies, water cooler
supplies, batteries, hurricane
supplies.
524 JANITORIAL SUPPLIES Mops, broom s, paper goods, brushes,
all necessary janitorial cleaning
supplies.
, .
'525 LABORATORY SUPPLIES Laboratory upgrades and replace-
ments. Reagents, glassware, replace-
ment of equipment, apparatus. Lab
- supplies consumed by testing proce-
dures including Chlorine Testing.
526 OIL, - GREASE, DIESEL, 5000 gals. Diesel fuel for Kubota
AND LUBRICANTS and generator, gas, grease, oil
and lubricants for pumps and mowers.
NEW ITEM
Aeration Basin/Pump Station Exp.
Fuel for new generators $4,000
527 CONSTRUCTION MATERIAL Willkways, signs, fencing, rails,
platforms, small shelters, concrete
etc. Additional office and storage
units.
528 PURCHASE OF SMALL Handtools, drills, bits, files,
TOOLS AND EQUIPMENT small toolboxes, electrical
equipment, small maintenance
tools, and ( 4 ) safety lights @
$425 <$500 value>.
529 OFFICE EQUIPMENT Filing cabinets, chairs, calcula-
tors, adding machines, office
mats, shelves, printers, tables
<$500 value> .
530 LAB EQUIPMENT Magnetic stirrers, automatic
titration attachment, oxygen
probe, and small equipment.
<$500 value>
531 ELECTRICITY Projected 26,427 KWH daily
Total 9,645,687 KWH annually
@.065/KWH.
NEW ITEM
Aeration Basin/Pump Sta. Exp.
1,204,675 kwh - $80,000
FPL rate increase - $35,000
532 WATER CONSUMPTION Budgeted for 1,200,000 gallons
monthly @ $.65/1000 gals.
Centrifuge 400,000 gals./month
Lime Slaker 130,000 gals./month
1 533 GARBAGE COLLECTION Twelve months @ $28.00 plus addi-
tional dump fees for trash hauling
(4 trips @$50).
..,,'
.
540 MEMBERSHIPS AND DUES F~JPCOA dues and subscriptions.
WPCF' Journals, newspapers,
Personnel and Human Resources Sub-
scriptions and Dues. Operational
Subscriptions and Dues, Safety
Council.
541 EDUCATIONAL Classes, books, and fees.
EXPENSES
600 ENGINEERING General Consulting, attenu meetings
of the Board and regulatory
agencies, prepares information as
needed, provides engineering
information data, assists the Board
with other permits required by EPA
and DER, and to meet unforeseen
engineering and laboratory
services.
601 BIO'l'OXICITY Toxicity evaluation and
ENGINEERING monitoring of acute and chronic
toxicity testing reports.
602 PRE'l'REATMENT Industrial Pretreatment Program
ENGINEERING is a requirement of NPDES permit
as administered by EPA. Assistance
preparing annual reports, estab-
lishing program guidelines, prepar-
ing ordinances, and coordinating
activities between the Board and
the two cities.
.
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. ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROH: CI'rY Iv1ANAGER{~1
SUBJECT: AGENDA ITEM # caF - tvIEETING OF AUGUST 13, 1991
RATIFICA'I'ION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD CAPITAL BUDGET
DATE: August 7, 1991
The South Central Regional Wastewater Treatment and Disposal Board
(SCRWTD) at its July 18th meeting approved their Capital Expenditures
budget for fiscal year 1991-92 in the amount of $39,862. This amount
represents a decrease of $49,973 from last years budget. The
purchase of maintenance, operational, and laboratory equipment is
proposed. A detailed list of equipment is attached as backup material
for this item. Expenditures are to be assessed 50% to the City of
Boynton Beach and 50% to the City of Delray Beach.
Recommend ratification of the South Central Regional Wastewater
'I'rea tment and Disposal Board's Capital Expenditures budget for fiscal
year 1991-92.
~~- 1;- .t!G lPj;LI /91
oJ
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n"
. ~
K~. kCjI-/~~
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~ RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 18, 1991
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board did on July 18, 1991, by a vote of 7-0,
approve the Capital Expenditures portion of the operating Budget
for Fiscal Year 1991-1992 in the amount of $39,862.00, attached
hereto as Exhibit "A"; and,
WHEREAS, funding for said expenditures is to be assessed 50%
to the City of Boynton Beach and 50% to the City of Delray Beach;
and,
WHEREAS, the Board action requires ratification by the City
of Boynton Beach and the City of Delray Beach;
NOW THEREFORE, the City of Boynton Beach, Florida, and the
City of Delray Beach, Florida, hereby ratify said Board action
independently.
The above action is hereby ratified in open session by the
Ci ty of Boynton Beach this ~ day of .4//&:u~ /99/.
Witnesses: CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
.
The above action is hereby ratified in open session by the
City of Delray Beach the day of .
Witnessess: CITY OF DELRAY BEACH
BY:
Mayor
Attest:
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
.
SOUTH CENTRAL REGIONAL WAS~EWATER TREA~MENT AND DISPOSAL BOARD
MAINTENANCE DEPARTMENT
-
CAPITAL ASSETS 1991/92
Diaphragm ~ Pump $3,600.00
, This pump is used to pump heavy sludge
from the bottom of the tanks when cleaning
them out. Also used for tranferring sludge.
Safety Fans ill ! $1600 each $3,200.00
These fans are explosive proof 7600 CFM,
3/4 HP, 115 volt fans used to ventilate
blender and aeration tanks or confined areas.
Sump Pump for Chemical Building $2,000.00
Pumps raw wastewater from Chemical Building
drainage system.
Refrigerated Composite Sampler $3,800.00
A replacement for effluent sample unit.
Daily permit required collection of 24
hour effluent composite sample to be
maintained @ 40 centigrade.
TOTAL 12,600.00
".'1
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SOUTH CENTRAL REGIONAL WAS'l'EWATER TREATMENT AND OJ SPOSAL BOARD
~
OPERATIONS
CAPITAL ASSETS 1991/91
Refrigerator $600.00
To be used for bi-monthly toxicity samples and
H2S drager tubes and chlorine storage.
Krohne America Magnetic Flowmeter Model K480 $2,961.00
For more accurate measurement of sludge hauled.
Continuous PH Monitoring Lime Stabilized Sludge $11,956.00
System includes: ( 2 ) PH Analyzers -Model 7082-11
(2) Meredian II Electrode Assemblies
Model 777-60-2-42-5-000
(2) Auto-clean Electrode Systems
I Model 7791-735-2-0
(l) Chart Recorder
Sharp SF-7320 Copier $1,100.00
Copier needed in plant area to eliminate
need for operators to walk to Administration
Building to make copies.
TOTAL $16,617.00
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SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
~ LABORATORY DEPARTMENT
CAPITAL ASSETS 1991/92
Flaskscrubber Freestand unit $5,090.00
Model EA 940 pH/ISE Meter 2,375.00
Electrode Switchbox 1,180.00
Refrigerator (Explosion proof) 2,000.00
TOTAL $10,645.00
Flaskscrubber Freestand Unit:
Replace the Flaskscrubber currently out of service.
Superior performance, more effective and powerful
stearn action penetrates hard to reach places to remove
dried or baked on contaminants. The system prevents
unwanted residue. Specially designed detachable
water and sump heater sanitizes glassware without the
risk of injury to workers. Final rinse with reverse
osmosis purified water.
Model EA 940 pH/ISE Meter:
Basic component of the Automatic Titration Unit.
Actually, we are using a Demo supplied by the
Manufacturer of the Titration unit.
Electrode Switchbox:
To analyse several parameters without connecting
, and disconnecting electrodes. Improve speed of
analysis, the life of the electrodes and
equipment connections. Each input operates
independently with separate amplifiers, eli-
minating cross talk between channels.
Refrigerator:
For storing and preserve temperature-sensitive
reagents and samples, (volatiles and nonvolatiles).
All electrical components are external, sealed
in an explosion-proof housing. Exterior wiring
is sealed in explosion-proof conduit.
""
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fIt )
SUBJECT: AGENDA ITEM # ?!& - MEETING OF AUGUST 13 , 1991
APPROVAL OF CONTRACT AND SERVICE AUTHORIZATION NO. 1/
O'BRIEN, SUITER AND O'BRIEN .
DATE: August 7 , 1991
This is before you to approve the contract between the City and
O'Brien, Suiter and O'Brien for land surveying services and to approve
Service Authorization No. 1 to that contract for surveying services in
conjunction with the 1991 Road Reconstruction program- Part A (Tropic
Isles) .
At your March 26, 1991 regular meeting the Commission approved the
ranking of the top three land surveying firms and authorized staff to
negotiate and award a contract for land surveying services.
Subsequently, staff has negotiated a contract with the second ranked
firm) O'Brien, Suiter and O'Brien. This is a standard consulting
services contract. Tasks will be authorized by the City Commission
via approved service authorizations. The contract contains the
standard indemnification clausej however, provides a $250,000
limitation on the extent of the consultant's liability.
Service Authorization No. 1 is in the amount of $4,000 for surveying
services in conjunction with the 1991 Road Reconstruction program-
Part A (Tropic Isles). The scope of service for this authorization
includes field surveying and base map street surveys for those streets
and segments of streets, Iris Drive, Spanish Trail, Avenue II L II , in the
Tropic Isles subdivision which are to be reconstructed. Funding is
available in the Decade of Excellence Bond Issue/Street Reconstruction
(Account No. 225-3162-544-61. 17) . Account balance $1,417,435.
Recommend approval of the contract between the City and O'Brien,
Suiter and O'Brien for surveying services and approve Service
Authorization No. 1, in the amount of $4,000, for surveying services
in conjunction with the 1991 Road Reconstruction program- Part A
(Tropic Isles) with funding from Decade of Excellence Bond
Issue/Street Reconstruction (Account No. 225-3162-544-61.17) .
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----.-.-.- ..._~---
, .
~ CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: May 16. 1991
SERVICE AUTHORIZATION NO. ~ FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE ~25' 31"2 -.f:,-of//.- (,1./7
PROJECT NO. 91-81 (CITY) (CONSULTANT)
TITLE: 1991 Road Reconstruction Proqram - Part A
Tropic Isles Area
I. PROJECT DESCRIPTION
There are streets in the Tropic Isles area - namely
Iris Drive, Spanish Trail, Avenue 'L' - which are in
need of repair and reconstruction. Iris Drive in
particular is in a serious condition of disrepair. This
consulting Service Authorization will provide for field
surveying and base map street surveys for those streets
and segments of streets to be reconstructed. Actual
design of improvements can not begin until the base map
street surveys are in hand.
II. SCOPE OF SERVICES
The Land surveying Consultant shall prepare street surveys
to be used as engineering base maps for the proposed road
reconstruction program. The scope of work shall include the
fOllowing surveying services:
1. Field Topography and Tie-in of all existing
improvements within the right-of-way including the
beginning and terminal intersections of the road
segments to be reconstructed.
2. 1" = 20' scale drawings on City-furnished mylars
showing field information including, but not limited
to:
- Topographic elevations at 50' intervals to depict
centerline grade, edge of pavement grade, location
and grade of swale centerline and right-of-way.
- Location and dimensions of existing roadway,
pavement, driveways, sidewalks, curb, etc.
- Location of existing utilities and drainage
facilities with pipe direction and invert
elevations.
City of Delray Beach
Service Authorization No. 1
Page Two
- Location of all trees, shrubs, mailboxes, signa,
trees, power poles, fences and other encumbrances
found within the right-of-way.
3. All labor, equipment and materials necessary to furnish
the above described complete base map survey drawings.
The road segments to be reconstructed are described as
follows:
1. commencing at the intersection of Hyacinth Drive and
Spanish Trail proceeding southward on spanish Trail
past Avenue "L" and continuing southwesterly along what
is called Tropic Isle Drive to the intersection of
Tropic Isle Drive and Spanish Trail.
2. Commencing at the Intersection of Florida Boulevard and
Avenue "L" proceeding eastward on Avenue "L" to the
Intersection of Avenue "L" and Spanish Trail.
3. Commencing at the Intersection of Florida Boulevard and
Iris Drive proceeding eastward on Iris Drive to the
easterly cul-de-sac terminus of Iris Drive.
III. BUDGET ESTIMATE OF SERVICES
Officer in Charge 3 hours @ $25/hr = $ 75
3 Man Field Crew 36 hours @ $26/hr = 936
Draftsman 24 hours @ $12/hr = 288
Salary Cost $ 1,299
Salary Cost X 3.0 $ 3,897
Miscellaneous Expenses 103
Total Fee $ 4,000
Consultant shall provide the services described in
Section I and II of this Service Authorization for a
lump sum fee of $4,000.
IV. COMPLETION DATE
The work outlined in this consulting service authorization
will be completed by the surveyor in two weeks. Assuming
authorization is issued May 21, 1991, the street survey base
maps will be delivered to the City by June 4, 1991.
TT:mm
File: TTEPR520.MRM - Project #91-81
City of Delray Beach
Service Authorization No. 1
Page Three
~
APPROVED BY THE CITY CONSULTANT
OF DELRAY BEACH By:fh/<hbrJ
DAY OF
-
CITY OF DELRAY BEACH, a
municipal corporation of
the State of Florida ATTE~
By: ' /~~
BEFORE ME, the foreg ~nl ~nstru-
Mayor ment, thi~day of \J~ 51 1991,
was acknowle ed by ,
ATTEST: ~I .I~ S, .
duly aut or~zed off~cer of .
By: the corporation and said person
City Clerk executed the same free and
. voluntarily for the purpose there-
in expressed.
APPROVED AS TO FORM:
By: WITNESS my hand and seal in the
city Attorney ~ty and Jitle aforesaid this
day of i , 1991.
",
, ' '
Notary Public I 'I .
State of Florida .) / J
" ~J
; -
My Commission Expires;'! II ' I
. ( ,
No~ hWic. itcMl~ FI.~~
(Seal) My Cornrioli,.sioo llpir" Slpt: 5, t""
Bonded t..." T.Jy fcnr .."n~..~.~
".1
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AGREEMENT FOR SURVEYING SERVICES
.
Consultant: O'Brien, Suiter &
O'Brien, Inc.
Date: May, 1991
-'"--. .'-"-'-"'-'~-
4
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.Payment 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
1. 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
O'Brien, Suiter & O'Brien, Inc. , 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 in 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:
1. 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 execut(3d by the CITY'S and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
1
.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 phase of the work by CONSUL-
TAN'r 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'S authorized representative. A City
purchase order shall be issued. wi th aut.horization
identifying funds and amount of expendi.tures. The
terms of this AGREEMENT supersede the terms stated on
the purchase order.
C. PHASES: A phased approach may be utilized. The CITY
and the CONSULTA~T 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 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.
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
with 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
responsibility jof 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.
2
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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 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
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 John K. Weigand, 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
3
"--.".~-_.,---~--------
4 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 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.
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
4
. 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
authority 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 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) calendar days from the end of the said delay of
CONSULTANT'S proposed additional costs incurred by
reason of said delay.
S
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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 hourI y 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 Amount. Wherever possible, the scope
of services 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
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 CONSULTANT shall submit the estimated man
hours, wage rates and other actual unit costs
supporting 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.
10 2 . METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGET-
ED AMOUNT
Computation of Time Charqes/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 Exhibi t 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.
6
".fI
- 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 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.
7
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 approved 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 approval 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 VI I . 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 forn.at 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
8
" .~
. 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 acknowledges 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 $100,000 per each disease.
2. Comprehensive General Liability with minimum
9
4 limits of One Million Dollars ($ 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 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
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
4 . Professional Liability Insurance with minimum
limits of Two Hundred Fifty Thousand Dollars
($ 250,000.00) per occurrence. Coverage shall
be afforded on a form acceptable to the CITY.
10
" .~
~ CONSULTANT shall maintain such professional
liability insurance until at least one year
after a Certificate of Occupancy is issued.
5 . Prior to cO.mnencement 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 Additional 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 30 hours of services related to litigation or
dispute resolution. Any such services in excess of
30 hours shall be an additional service.
11
E. Autherity 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.
12
.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, CONSULTAN'J' must secure the prior written
approval of the ~ITY.
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 Delray Beach
City Manager
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
O'Brien, Suiter & O'Brien, Inc.
2601 N. Federal Hiqhway
De1ray Beach, FL 33483
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Neqotiatlon 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.
13
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 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 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 Aqainst 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.
14
".,
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
with the terms hereof 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 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 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 tro
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
15
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 Aqreernent:
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 hand and Seal t.he day
and year first written above.
CITY OF DELRAY BEACH, FLORiDA 'BRIEN, INC.
By:
MAYOR
ATTEST:
City Clerk
Approved as to Form: a ,t.~~b
CITY Attorney
17
H.H
~ ACKNOWLEDGEMENT IF CORPORATION
State of Florida
County of Palm Beach
J BEFORE ME, the fore;oing instrument, this 23/2/J day
of ULV , 19....2.L, was acknowledged by
\../tJl-l/J K. J{/G/{JA)J/? , on behalf of the Corporation
and said person executed the same freely and voluntarily for
the purpose therein expressed.
WITNESS my hand and seal in the County and State
aforesaid this 2'-8t20day of ~LV ~ ~
(~/ ,~
Notary Public .
(SEAL) My Commission Expires:
Notary 'ublic. S'o'e of "orii,~
My Commiuion Expire. Sept. 5, 1994
londed lhru Tr.y fai" .Inlurancelnc.
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 I 19 .
-
Notary Public
My Commission Expires:
18
~
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:
19
"'I
~
EXHIBIT A (SAMPLE)
O'BRIEN, SUITER & O'BRIEN, 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) (O'BRIEN, SUITER &
O'BRIEN, INC. )
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 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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,
4
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 7/2:;//:79/
I
Thomas E. Lynch ~// ;r~
/
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:
21
., .~
.
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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
Technicians -- Drafters, Graphic Artists, Computer, Surveyors,
Cartographies, Construction Inspectors
Office Support
..
22
. . .
.
.
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 $
23
".11
. , .
.
.
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 $
24
---..---...,.,....-
~
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
I
FROM: CITY MANAGER [It- I
SUBJECT: AGENDA ITEM # <6 H - MEETING OF AUGUST 13, 1991
APPROVAL OF CONTRACT AND SERVICE AUTHORIZATION NO. 1 -
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
DATE: AUGUST 8, 1991
This item is before you to approve the contract between the City and
Professional Engineering Consultants, Inc. for sanitary engineering
services and to approve Service Authorization No. 1 to that contract
for engineering services in conjunction with the Veterans Park Master
Pump Station improvement project.
At your April 9, 1991, regular meeting, the Commission approved the
ranking of the top five sanitary engineering firms and authorized
staff to negotiate and award a contract for engineering services.
Staff has subsequently negotiated a contract with Professional
Engineering Consultants, Inc. . This is a standard consulting services
contract. Tasks will be authorized by the City Commission via
approved service authorizations. The contract contains the standard
indemnification clause.
Service Authorization No. 1, in the amount of $6,117.00, is titled
Master Pump Station: Alternative Cost & Constructability Evaluation.
The scope of services provides for an independent evaluation of the
alternatives to upgrade/improve the master pump station, taking into
account construction cost estimates, design related issues and
constructability related issues for each alternative. Funding is
available in 19~1 Water and Sewer Revenue Bond/Engineering Services
(Account No. 447-5166-536-33.11) . Account balance: $129,600.
Recommend approval of the contract for sanitary engineering services
with Professional Engineering Consultants, Inc. and approval of
Service Authorization No. 1 in the amount of $6,117.00 in conjunction
with the Veterans Park Master Pump Station improvement project with
funding from 1991 Water and Sewer Revenue Bond/Engineering Services
(Account No. 447-5166-536-33.11) .
-
"'11
...
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: August 7, 1991
Consent
X Reqtil~ Agenda ____Special Agenda ____Workshop Agenda
---- When:Au~ust 13. 1991
Description of agenda item (who, what, where, how much)____
Request City Commission to approve the Agreement for Engineering Services
for Sanitary Engineering Services with Professional Engineering Consultants,
Inc. including Service Authorization No. 1 titled Master Pump Station:
Alternative Cost and Constructability Evaluation. Funding shall be from
1991 Water and Sewer Revenue Bond 447~5166-536-33.11 in the amount of $ 6,117.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the A~reement and Service
Authorization No. 1 with PEC. Inc.
Department Head Signature: tj/i~nMh~,J 'i!,h/~
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 alternatives (if applicable)
Account No. & Description44I--GI00-G~~~/1 ~~ 7JV6S
Account BalanceJ1A,~
City Manager Review:
Approved for agenda: ~/NO [?vI
Hold Until:
Agenda Coordinator Review: ~tr!isapproved
Received:
Action:
" '~
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PROFESSIONAL ENGiNEERING CONSULTANTS. INC.
- CITY OF DELRA Y BEACH
CONSULTING SERVICE AUTIIORIZATION No.1
DATE:
SERVICE AUTHORIZATION NO. t FOR CONSULTING SERVICES
CITY P.O. NO. ClTY EXPENSE CODE if" 7- 510~ -53{'-33.11
PROJECT NO.:
CITY OF DELRA Y BEACH qo -0 5 PEe DB..pJ
TITLE: MASTER P.S.: ALTERNATIVE COSTA.C.QNSTRUCIABI1JTY EVALUATION
This service authorization, when executed, shall be Incorporated In and shall become an integral
part of the Contract, Dated , by and between the City of Delray Beach and PEC.
l. PROJECT DESCRIPTION
Tho Master Pump Station (MPS), located In Veterans Park at the intersection of East Atlantic
Avenue and the Intercoastai Waterway, collects wastewater from over 40 smaller upstream
stations. Due to deterioration of the wetwell, and aging mechanical equipment and piping, the
City of Delra)' Beach has determined the need to improve thIs facility. The design and
construction for these improvements is accelerated by the City's renovations to Veteran's Park
now underway.
II. SCOPE OF SERVICES
Provide an Independent evaluation of the alternatives to upgrade/improve the Master Pump
Station for the City of Delray Beach based upon information provided by the City and
considering the following for each alternative; (1) construction cost estimates; (2) deslen related
Issues; (3) constructabllity related issues. Prepare for and meet with City Staff to review data
and conclusions of the evaluation, and prepare and submit ten (10) copies of a Letter Report to
the City for its use. Detailed Scope of Services Is Included in Attachment A and Attachment B.
m. I3UDOET
Hourly time charges not to exceed $6117 without funher authorization from the City.
IV. COMPLETION DA TB
This assignment shall be completed within 30 calendar days from the receipt of this fully ex~uted
service authorization or from receipt of City provided Information which wl11 enable PEe to
procead with this Scope of Work.
This service authorization is approved contingent upon the Chy'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 Incurrlni any further liability.
t- t t E t~ rl t: t t
n,H
i
CITY OF DELRA Y BEACH
SERVICE AUTHORIZATION NO.1
Page 2
APPROVED BY THE CITY OF PROFESSIONAL ENGINEERING
DELRA Y BEACH CONSULTANTS, INC.
DA Y OF . 1991 BY: f2 - ~ Q~
R. Craig Batterson. P.E.
Type or Print
. Date: B '6'<7/ (SEAL)
CITY OF DELRAY BEACH, a municipal
corporation of the STATE OF FLORIDA A ITEST:
BY: BEFo~f; 4~ . m"
MAYOR
. , e oregomg mstrument, IS
0~ day of ua.f , 1991, was
acknowledged by R. eraii Batterson ,
A TrEST: .
a duly authorized officer of Professional
Engineering Consultants. Inc.
BY: on behalf of the Corporation and said person
executed the same free and voluntarily for the
purpose therein expressed.
APPROVED AS TO FORM:
BY: WITNESS my hand and seal in the County and
City Attorney State aforesaid this ~H- day ofa.,vI4/1991.
Notary Public NOTARY P::~lIC; HAi _ OF rLORIDA Ai LARGE
State of Florida MY COMMISSION EXPIRES JAN. 02; 1993
BONDED TJ:RU HUCKLEBERRY & ASSOCIATES
My Commission Expires:
(SEAL)
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;;C.~:5:2N~L :N5:ME~;iN5 :ON5Ul7AHTS.IHC. P~J;:C7 CaST ESTI~ATE ATTACH~Er4T B p- :1,;
C~::Y .. , .. .. .. .. .. .. .. . .. .:: I Ty :J~ JEL i\A~ BEACH
:~CJE:- ~A~E...............~AsrER ?U"P ST~TICH; ALT. :OST ~ CONSTRUCT EvALUATION
;~.'JJECT \IU"'BER............ .DHI3
:~TE J. ~Sn~ATE......... ..riUGUST 3, 19Q1
~~2C~ ~UlTIPL!ER........... 3.0
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lABOR caST DETAIL
DIRECT IlULTI
LETTER TOTAL. L~EQR LABOR
LA2G? :L~SS RATE REPORT HOURS COST COST
---------.----- --------- --------- ----- ------- -------
~.~r!JECT ~ANA6ER $2,.00 13 13 $377 $1,131
SEnOR ENGINEER S22.00 14 14 S308 t9:4
E~SiN:E!i S17.00 02 62 S 1 , 054 S3,162
TECH~rC!AN $14 . 00 0 0 SO $0
DRAFTER {CADDl S1 0 . 00 0 0 so SO
CLERICAL S10.00 6 6 $00 Slao
------ .---- ----- ------.
SUBTOTAL LABOR HOURS 95 95 11,799
SUBTOTAL lBR DOLLARS $5,397 S5,3Q \
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OTHER DIRECT COSTS DETAIL ACTUAL I'lULTI
ITEM DESCRr~TION ODC ODe
---------------- --------- ------- -----
T-R,WtlIlU !..EA6E $0 to so
r~LEPHOIE :Iong distance only} 50 SO 50
POST~tt 20 20 20
REPQQD.!PRINTIHS 50 50 SO
PERMiT FEES 0 0 0
------ ---- --- ----- ------ -------
SUBiaTAl DIREC; $ t120 to $0 $0 $120
SUBTOTAL ~UlT DIR $ 5120 SO SO SO S120
ffffilffffffffff'ffffffffffffffffff'ffffff""'ffffffff,fffff.ffffflflffff..ff.lflffff+ffl.....fff..fff.fflff.f.f..ff.f.ffffff.fffff.ff
EXTERNAL ASSOCIATES COST DETAIL
ASSDC!A TE
--------- --------- --------
S~~UCTyRAl TECHNOLOGIES INC. $6')0 5bOO
------ ------ .----- ------ ------
b'~ $,) SO Si) '600
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-:-.~_ _~~C~, ::{'3 ~
::.:;~~- ~:::::j;:: . ~ . ... s.' SC SO Cl,'19 S6,1I7
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AGREEMENT FOR ENGINEERING SERVICES
for
SANITARY ENGINEERING SERVICES
Consultant: Professional Engineering
Consultants, Inc.
Date: July 1991
">1
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TABLE OF CONTENTS
Paqe
I. Definitions; General Considerations 1
II. General Duties of Consultant 3
III. Duties of Consultant; Study and Report
Phase through Construction
Phase and Resident Project
Representative Services Phase 4
A. Phase I - Study and Report Phase 4
B. Phase II - Preliminary Design Phase 5
c. Phase III - Final Design Phase 6
D. Phase IV -Bidding/Negotiation Phase 7
E. Phase V - Contract Phase 8
F. Phase VI - Resident Project Representative Services 11
Phase
IV. Data and Services to be Provided by City 15
V. Time of Performance 16
VI. Agreement Period 16
VII. Compensation 16
VIII.Payment 19
IX. Miscellaneous provisions 19
A. Ownership of Documents 19
B. Copies of Documents 20
C. Insurance 20
D. Litigation Services 22
E. Authority to Contract 22
F. Assignment 23
G. Confidential Information 23
H. Non-Exclusive Contract 23
I. Sub-Consultants 24
J. Notices 24
K. Attachments 24
L. Truth-In Negotiation certificate 24
M. Records 25
N. Personnel 25
o. Equal Opportunity Employment; Non-Discrimination 25
P. Prohibition Against Contingent Fees 25
Q. Termination 26
R. Indemnification 26
S. Interest of the Consultant 27
T. Compliance with Laws 27
u. Jurisdiction; Venue 27
" ''^^-.-.- _._--,...._.--~---
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TABLE OF CONTENTS cont.
Paqe
v. Attorney's Fees 27
W. Internal Disputes Between Owner and Consultant 28
x. Project Scheduling 28
Y. Extent of Agreement 28
Exhibit A: Service Authorization(s) (sample)
B: Hourly Rate Chart (sample)
C: Invoice (sample)
" ,~
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AGREEMENT FOR ENGINEERING 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
Professional Enqineerinq Consultants. Inc. , 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
competative Negotiation Act, and;
WHEREAS, the CITY represents that it is a Florida
Municipal corporation with the authority to engage the
CONSULTANT 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 shall provide such
professional services in 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
1
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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 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; schedule 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
identify ing 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 specif ied by the CONSULTANT. Construction costs
shall include the cost at current market rates of
labor and materials furnished by the 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 conditions 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 land, rights-of-way,
financing or other costs which are the responsibility
of the CITY. The CONSULTANT shall use its best
judgment as a design professional familiar with the
construction industry in estimating the construction
cost.
D. PHASES: A phased approach may be utilized. 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 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.
2
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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
with 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
responsibility 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.
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, new designs, drawings, specifications,
reports and other applicable services if the budget
for the entire project is exceeded during and up to
completion of the final design 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 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,
wi thout additional compensation, correct or revise
said errors or omissions to the satisfaction of the
CITY.
F. Approval by the CITY of drawings, designs, specifica-
tions, reports 3nd incidental professional services
or materials fULnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
3
- 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 Tom R. Kelley, P.E., 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
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; STUDY AND REPORT PHASE THROUGH
CONSTRUCTION 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.
A. Phase I - Study and Report Phase
If the Study and Report Phase is authorized, the
following requirements shall apply.
(1) The CONSULTANT shall consult with the CITY to
clarify and define the CITY I S requirements for
the Project and review available data.
(2) The CONSULTANT shall advise the CITY as to the
necessity of the CITY I S providing or obtaining
from others, data or services.
4
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(3) The CONSULTANT shall identify and analyze permit
and approval requirements of all governmental
authorities having jurisdiction to approve the
design of the Project and participate in
consultations with such authorities.
(4) The CONSULTANT shall provide analyses of the
CITY'S needs, planning surveys, site evaluations
and comparative studies of prospective sites and
solutions.
(5) The CONSULTANT shall provide a general economic
analysis of Owner's requirements applicable to
various alternatives.
(6) The CONSULTANT shall prepare a Report containing
schematic layouts, sketches and conceptual
design criteria with appropriate exhibits to
indicate clearly the considerations involved
(including applicable requirements of governmen-
tal authorities having jurisdiction as afore-
said) and the alternative solutions available to
the CITY and setting forth CONSULTANT'S findings
and recommendations. This Report will be
accompanied by CONSULTANT'S pre-design estimate
of probable costs for the Project, including,
but not limited to the following which will be
separately itemized: Construction Cost, allow-
ance for engineering costs and contingencies
allowances for such other items, such as charges
of all other professionals and consultants, for
the cost of land and rights-of-way, for
compensation for or damages to properties, and
for permit, review and/or approval fees by other
governmental agencies, if required. The CONSUL-
TANT shall also provide a preliminary evaluation
of the City's Project Schedule. The City's
Project Schedule and probable construction costs
shall be evaluated and updated throughout
subsequent phases of the work.
(7) The CONSULTANT shall furnish the number of
copies of the Study and Report documents as
provided in the SERVICE AUTHORIZATION and review
them with the CITY.
B. Phase II - Preliminary Design Phase
If the Preliminary Design Phase is authorized, the
following requirements will apply:
(1) The CONSULTANT, in consultation with the CITY
shall determine the general scope, extent and
character of the Project.
5
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(2 ) Prepare Preliminary Design documents consisting
of final design criteria, preliminary drawings,
outline specifications and written descriptions
of the Project.
(3 ) Advise the CITY if additional data or services
are necessary and assist the CITY in obtaining
such data and services.
(4) Furnish the specif ied number of copies of the
above Preliminary Design documents as contained
within the SERVICE AUTHORIZATION and present and
review them with the CITY.
(5) The CONSULTANT shall submit to the CITY a
preliminary estimate of construction costs based -
on current area, volume or other unit costs,
which shall be updated throughout the design
development phase.
(6) The CONSULTANT shall prepare a development
schedule, which shall include, but shall not be
limited to, the review and approval times by all
governmental agencies as may be required.
(7) The CONSULTANT shall make available all design
calculatio'ns 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.
C. Phase III. Final Design Phase.
If the Final Design Phase is authorized, the
following requirements shall apply:
(1) The CONSULTANT shall prepare construction
documents which shall include but not be limited
to drawings and technical specifications,
general and supplementary conditions, bid forms,
invitations to bid, instructions to bidders,
with technical criteria, descriptions and design
data necessary for permitting by governmental
authorities, and shall include any further
adjustments in the scope or quality of the
project or in the construction budget authorized
by the CITY.
(2) The CONSULTANT shall in the preparation of
construction documents, technical criteria,
written descriptions and design data, take into
6
11.'1
-
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 govern-
mental authorities having jurisdiction over the
project.
(3) The CONSULTANT shall prepare a detailed opinion
of probable cost in accordance with paragraph
I.C., which shall be reviewed by the CITY prior
to going out for bids.
(4) The CONSULTANT shall provide the required
documents and attend meetings as necessary~ for
the approval of governmental boards, agencies or
authorities having jurisdiction over the
project.
(5) The CONSULTANT shall use bid documents provided
by the CITY including bidding forms, conditions
of the contract, and form of AGREEMENT between
the CITY and CONTRACTOR.
(6) The CONSULTANT shall prepare all documents
including design and plan revisions required for
the approval of governmental authorities having
jurisdiction over the project. Said approvals
are required prior to the public notice for the
Invitation to Bid and submission of applications
therefore are the responsibility of the
CONSULTANT.
(7) The CONSULTANT shall provide the CITY the number
of copies of contract documents as specified in
the service authorization.
D. Phase IV - Bidding/Negotiation Phase.
If the bidding phase is authorized, the following
requirements shall apply:
(1) The CONSULTANT shall assist the CITY in 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 compilation/preparation of
contract documents, and after the award assist
the City in securing the required bonds and
certificates of insurance, and in the review of
the contract documents for completeness.
(2) The CONSULTANT shall attend the bid opening,
prepare bid tabulation sheets and assist the
7
- in
CITY in evaluating bids or proposals and
assembling and awarding contracts for
construction, materials, equipment and services.
(3 ) The CONSULTANT shall issue addenda as appro-
priate to interpret, clarify or expand the
Bidding Documents.
(4) The CONSULTANT shall consult with and advise the
CITY as to the acceptability of subcontractors,
suppliers and other persons and organizations
proposed by the prime contractor(s) (herein
called CONTRACTOR(S)) for those portions of the
work as to which such acceptability is required
by the Bidding Documents.
(5) Consult with the CITY concerning and determine
the acceptability of substitute materials and
equipment proposed by CONTRACTOR(S) when substi-
tution prior to the award of contracts is
allowed by the Bidding Documents.
E. Phase V - Construction Phase
If Contract Administration is authorized, the follow-
ing requirements shall apply:
(1) The CONSULTANT shall provide administration of
the contract for construction as set forth
herein and as contained within the general
conditions of the contract for construction.
(2) The CONSULTANT shall be a representative of and
shall advise and consult with the CITY during
construction and until final payment to the
contractor is due. The CONSULTANT shall have
authority to act on behalf of the CITY only to
the extent provided in this AGREEMENT and as
provided in the contract for construction unless
otherwise modified by written instrument.
(3) The CONSULTANT shall visit the site at regular
intervals appropriate to the stage of construc-
tion or as otherwise agreed. to by the CITY and
the CONSULTANT, in writing, to become generally
familiar with the progress and quality of the
work completed and shall determine in general if
the work is being performed in a manner indicat-
ing that the work when completed will be in
accordance with the contract documents. The
CONSULTANT shall be required to make on-site
observations to review the work. The CONSULTANT
shall keep the CITY informed of the progress and
quality of the work and shall provide certifi-
8
.
- cation to the CITY of satisfactory completion of
all phases of the work in compliance with the
plans, specifications, and/or approved changes
or modifications thereto.
(4) The CONSULTANT shall not have control over or
charge of and shall not be responsible for
construction means, methods, techniques,
sequences or procedures of construction or for
safety precautions and programs in connection
with the work, since these are solely the
CONTRACTOR'S responsibility under the contract
for construction. The CONSULTANT shall make
every reasonable effort to ensure that the
CONTRACTOR completes the work in accordance with
the current approved schedule and carries out
the work in . accordance with the Contract
documents.
(5) The CONSULTANT based on observations and evalua-
tions of CONTRACTOR'S applications for payment,
shall review and certify the amounts due the
CONTRACTOR.
(6) The CONSULTANT'S certification for payment shall
constitute a representation to the CITY, based
on the CONSULTANT'S observations at the site as
provided herein and on the data comprising the
CONTRACTOR'S application for payment, that the
work has progressed to the point indicated and
that, to the best of the CONSULTANT'S knowledge,
information, and belief, the quality and quanti-
ty of the work is in accordance with the con-
tract documents. The foregoing representations
are subject to an evaluation of the work for
conformance with the contract documents upon
substantial completion, to results of subsequent
tests and inspections, to minor deviations from
the contract documents, correctable prior to
completion and to specific qualifications
expressed by the CONSULTANT. The issuance of
the certificate of payment shall further consti-
tute a representation that the CONSULTANT has
made observations to review the quality or
quantity of the work.
(7) The CONSULTANT shall recommend disapproval or
rejection of CONTRACTOR'S work to the CITY which
does not conform to the contract documents. The
CONSULTANT will have authority to require
additional inspection or testing of the work in
accordance with the provisions of the contract
documents, whether or not such work is
fabricated, installed or completed.
9
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(8) The CONSULTANT shall review and approve or take
other appropriate action upon CONTRACTOR'S
submittals such as shop drawings, product data,
and samples for the purpose of checking for
conformance with information given and the
design concept expressed in the contract docu-
ments. The CONSULTANT shall evaluate and
determine the acceptability of substitute
materials and equipment proposed by CONTRACTORS.
(9) The CONSULTANT shall prepare change orders and
constructicm change directives with 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 is consistent with the intent of the
contract documents.
(10) The CONSULTANT shall conduct inspections to
determine the date or dates of substantial
completion and the date of final completion,
shall receive and forward to the CITY for the
CITY'S review and records, written warranties
and related documents required by the contract
documents and assembled by the CONTRACTOR and
shall issue a final certificate for payment upon
compliance with the requirements of the contract
documents.
(11) The CONSULTANT shall interpret matters concern-
ing performance of the CITY and CONTRACTOR under
the requirements of the contract documents on
written request of either the CITY or
CONTRACTOR. The CONSULTANT'S response to such
requests shall be made with reasonable prompt-
ness and within any time limits agreed upon.
(12) Interpretations of the CONSULTANT shall be
consistent with the intent of and reasonably
inferable from the contract documents and shall
be in writing or in the form of drawings. When
making such interpretations, the CONSULTANT
shall endeavor to secure faithful performance by
both the CITY and the Contractor.
(13) The CITY shall be the final arbiter on matters
relating to aesthetics.
10
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(14) The CONSULTANT shall render written interpreta-
tions within a reasonable time on all interna-l
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 the 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 AUTHORIZATION.
(17) Upon completion of construction the CONSULTANT
shall provide to the CITY, three sets of record
drawings, signed and sealed, plus one set of
mylars incorporating as built conditions and
other data furnished by contractor(s) to
CONSULTANT.
(18) In company with the city, the CONSULTANT shall
visit the Project to observe any apparent
defects in the completed construction, assist
the CITY in consultations and discussions with
CONTRACTOR(S) concerning correction of such
deficiencies, and make recommendations as to
replacement or correction of defective work.
F. Phase VI - Resident Project Representative Services
Phase
If the Resident Project Representative Services Phase
is authorized the following requirements shall apply:
A. A Resident Project Representative will be
assigned to assist CONSULTANT in carrying out
his responsibilities to CITY at the site.
Resident Project Representative is CONSULTANT'S
agent at site, will act as directed by and under
the supervision of CONSULTANT, and will confer
with CONSULTANT regarding Resident 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. Resident Project Representative
shall generally communicate with the CITY with
the knowledge of and under the direction of
CONSULTANT.
11
. Representative
B. Resident Project shall where
applicable:
1- Review the progress schedule, schedule of
Shop Drawing submittals and schedule of
values prepared by CONTRACTOR and consult
with CONSULTANT concerning its general
acceptability.
2. Attend meetings with CONTRACTOR, such as
preconstruct ion conferences, progress
meetings, job conferences and other
proj ect-related meetings, and prepare and
circulate copies of minutes thereof.
3. Working principally through. CONTRACTOR'S
superintendent, assist CONSULTANT in
serving as the City's liaison with CONTRAC-
TOR, when CONTRACTOR'S operations affect
the CITY'S on-site operations.
4. Assist in obtaining from the CITY addition-
al details or information, when required
for proper execution of the Work.
5. Record date of receipt of Shop Drawings and
samples.
6. Receive samples which are furnished at the
site by CONTRACTOR, and notify the CONSUL-
TANT of availability of samples for exami-
nation.
7. Advise the CONSULTANT and CONTRACTOR of the
commerlcement of any Work requiring a Shop
Drawing if the submittal has not been
approved by the CONSULTANT.
8. Conduct on-site observations of the Work in
progress to assist the CONSULTANT in
determining if the Work is, in general,
proceeding in accordance with the Contract
Documents.
9. Report to the CONSULTANT whenever 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
12
".'1
- believes should be uncovered for observa-
tion, or requires special testing, inspec-
tion or approval. Nothing herein shall
relieve the CONTRACTOR or the CONSULTANT
from the duties imposed by the contract.
10. Verify that tests, equipment and systems
startups, and operating and maintenance
training are conducted in the presence of
appropriate personnel, and that CONTRACTOR
maint;::..ins adequate records thereof; and
observe, record and report to the CONSUL-
TANT appropriate details relative to the
test procedures and startups.
II. Accompany visiting inspectors representing
public or other agencies having jurisdic-
tion over the Project, record the results
of these inspections and report to the
CONSULTANT.
12. Report to CONSULTANT when clarifications
and interpretations of the Contract Docu-
ments are needed and transmit to CONTRACTOR
clarifications and interpretations as
issued by the CONSULTANT.
13. Consider and evaluate CONTRACTOR'S sugges-
tions for modifications in Drawings or
Specifications and report with Resident
Project Representative's recommendations to
the CONSULTANT. Transmit to CONTRACTOR
decisions as issued by the CONSULTANT.
14. Maintain at the job site orderly files for
correspondence, reports of job conferences,
Shop Drawings and samples, reproductions of
original Contract Documents including all
Work Directive Changes, Addenda, change
Orders, Field Orders, additional Drawings
issued subsequent to the execution of the
Contract, CONSULTANT'S clarifications and
interpretations of the Contract Documents,
progress reports, and other Project related
documents.
15. Keep a diary or log book, recording 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 activities, decisions,
observations in general, and specific
13
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observations in more detail as in the case
of observing test procedures; and send
copies to the CONSULTANT.
16. Record all names, addresses and telephone
numbers of the CONTRACTOR, all 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. Consult with the CONSULTANT in advance of
schedule major tests, inspections or start
of important phases of the Work.
19. Draft proposed Change Orders and Work
Directive Changes, obtaining backup materi-
al 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 with the estab-
lished procedure for their submission and
forward with recommendations to the CONSUL-
TANT, noting particularly the relationship
of the payment requested to the schedule of
values, Work completed and materials and
equipment delivered at the site but not
incorporated in the Work.
22. During the course of the work, verify that
certificates, maintenance and operation
manuals and other data required to be
assembled and furnished by CONTRACTOR are
applicable to the items actually installed
and in accordance with the Contract Docu-
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 Completion, submit to
CONTRACTOR a list of observed items requir-
ing completion or correction.
14
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.
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 substitution of materials or
equipment.
2. Exceed limitations of the CONSULTANT'S
authority as set forth in the Contract
Documents.
3. Undertake any of the responsibilities of
CONTRACTOR, subcontractors, or CONTRACTOR's
superintendent.
4. Advise on, issue directions 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 specialized field or labora-
tory tests or inspections conducted by
others except as specifically authorized by
the CONSULTANT.
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
15
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- 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 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 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) calendar days from the end of the delay of
CONSULTANT'S proposed additional costs incurred by
reason of 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.
16
",W
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
Lumo Sum Amount. Wherever possible, the scope
of services 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
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 CONSULTANT shall submit the estimated man
hours, wage rates and other actual unit costs
supporting 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
Comoutation of Time Charqes !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.
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
17
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(10%) profit, which 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-
bursa~Jle 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
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.
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. Subcontractual
18
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- services shall be approved 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 approval 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 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 (% 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 of Documents:
A set of reproducible mylar drawings, and C.A.D.
disks in a format compatible with CITY" S Computer
system, shall be given to the 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
19
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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) (7) for addi-
tional requirements. The CITY acknowledges 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 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
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
20
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- 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
Damag(-~ .
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
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
4. Professional Liability Insurance with minimum
limits of One Million Dollars ($1,000,000.00)
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.
21
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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
specif ied 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 Additional Insured,
shall apply on a primary basis.
D. Litiqation 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 30 hours of services related to litigation or
dispute resolution. Any such services in excess of
30 hours shall be an additional service.
E. Authority to Contract:
The CITY represents that it is a municipal
corporation with the authority to engage the
22
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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. Assiqnment:
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.
3. Establish lines of communication.
23
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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
AGREEMENT, 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 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
Professional Engineering Consultants, Inc.
220 Congress Park Drive, suite 232
Delray Beach, Fl 33445
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Neqotiation 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.
24
~
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. Eaual Opportunity Emplovment: 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 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 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 Aaainst continaent 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.
25
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
with the terms hereof 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 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 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
contractor(s), any subcontractors, any materialmen or
others who have been retained by the City or
Contractor, 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 ci ty, 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.
26
","
-
The monetary limitation on the extent of the
CONSULTANT' S liability shall be one million dollars
($1,000,000.00). 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 Project 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 AUTHORIZATIONS 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. Attornev's Fees:
!
In the event a suit is filed in court arising out of
this agreement, then the prevailing party shall be
entitled to recover from the other party all costs
incurred, including reasonable attorney's fees,
including attorney's fees and costs on appeal.
27
W. Internal Dis?ute Between Owner and Consultant:
The ci t 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 authoriza-
tion, a diskette with the proposed program schedule.
During the 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 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 hand and Seal the day and year
first written above.
CITY OF DELRAY BEACH, FLORIDA CONSULTANT
By: By: Q q~ ~i ~
MAYOR Sig ature
R. Craiq Batterson. P.E.
ATTEST (Print or Ty e)
City Clerk
Approved as to Form:
witness
City Attorney
28
""
ACKNOWLEDGEMENT IF CORPORATION
-
state of Florida
County of Orange
~ BEFORE ME, the foregoing instrument, this 6/~ <Ew
of 1((/1 , 199/ , was acknowledged by R. craig
Batterso , on behalf of the corporation and
said person executed the same freely and voluntarily for the
purpose therein expressed.
. WI~NESt/tY hand and ~al in the . county an~ state
19 (.; .
aforesa1d th1s day of I ~r- . ,
/Z1 M;{6--(~
Notary P lic
( SEAr..) My Commission Expires:
NOTARY PUBlic- STA r
MY COMMISSIOli EXPIR~: OF FLORIDA AT LARGE
BONIllD THr.u HUCKLE) JMi. 0211993
B[RR Y & ASSOCIA TES
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 acknowledgements, 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 ~
of , 19 .
Notary Public
My Commission Expires:
29
--
.
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
I known to me to be the person in and
who executed the foregoing instrument as a partner of
I 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 I 19 .
Notary Public
My Commission Expires:
30
.,.'1
-
EXHIBIT A (SAMPLE)
Professional Engineering Consultants, Inc.
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.
I. PROJECT DESCRIPTION
II. SCOPE OF SERVICES
III. BUDGET
IV. COMPLETION DATE
31
--'-~'-'--'
.
This service authorization is approved contingent upon the
ci ty' 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: 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:
32
-
- EXHIBIT B
HOURLY RATES SCHEDULE
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CITY OF DELRA Y BEACH, FLORIDA
AGREEMENT FOR ENGINEERING SERVICES FOR
SANITARY ENGINEERING SERVICES
Employee Category Hourly Rate Range (FY 1990-1991)
Raw Rate Times
ProCessionals Raw Rates 3.00 Multiplier
Project Director/Officer/Principal 29.00 - 33.00 87.00 - 99.00
Sr. Project Manager 25.00 - 29.00 57.00 - 87.00
Project Manager/Sr. Engineer 18.00 - 25.00 54.00 - 75.00
Project Engineer 15.00 - 18.00 45.00 - 54.00
Staff Engineer 13.00 - 15.00 39.00 - 45.00
Junior Staff Engineer 10.00 - 13.00 30.00 - 39.00
Technicians
Senior Technician/Designer 11.00 - 15.00 33.00 - 45.00
Technician/Designer 10.00 - 13.00 30.00 - 39.00
CADD Operator/Sr. Drafter 9.00 - 12.00 27.00 - 36.00
Drafter 6.00 - 9.00 18.00 - 27.00
Survey Crew (3-man) 25.00 - 33.00 75.00 - 99.00
Sr. Party Chief 13.00 - 15.00 42.00 - 45.00
Instrument Man 7.00 - 10.00 24.00 - 30.00
Rodman 5.00 - 8.00 18.00 - 24.00
OCfice Support
Administration 9.00 - 13.00 27.00 - 39.00
Accounting Staff 6.00 - 15.00 18.00 - 45.00
Clerical Staff 9.00 - 12.00 27.00 - 36.00
~ -"---..--
.
.
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 Emoloyee 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 $
34
'. .~
. ..
~
EXHIBIT C (continued)
SAMPLE INVOICE -- LUMP SUM FORMAT
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 .
Total Fee $
% Complete $
Less Previous Billings
Total Earned This Period $
TOTAL AMOUNT DUE THIS INVOICE $
35
. ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t?1
SUBJECT: AGENDA ITEM # ~J: - MEETING OF AUGUST 13, 1991
REQUEST FOR FINAL PAYMENT/DATA FLOW SYSTEMS, INC.
DATE: August 7, 1991
We have received a request for final payment from Data Flow Systems,
Inc. in the amount of $10,256 for the Radio Telemetry project. Staff
has reviewed the work and found it to be satisfactorily complete.
Funding is available in the 1984 Water and Sewer Revenue Bond/Lift
Station Telemetry (Account No. 441-5162-536-60.36). Account balance
$10,256.
Recommend approval of the request for final payment Data Flow Systems,
Inc. in the amount of $10,256 with funding from the 1984 Water and
Sewer Revenue Bond/Lift Station Telemetry (Account No.
441-5162-536-60.36).
HI
~
-
u -
i
! .
Agenda Item No. :
AGENDA REQUEST
Date: 7/')f,/Ql
Request to be placed on:'
xx Regular Agenda Special Agenda Workshop Agenda
When: AUgURt 13. 1991
Description of agenda item (who, what, where, how much): Request City
Commi~sion to approve final payment to DATA FLOW SYSTEMS, Inc. for the Radio Telemetry
Project. Pro;ect 1191-13. Final payment is the amount $10.256.00. P.O./118429.
ORDlNANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend City Commission to approve final payment in the
amount of $10.256.00 for DATA FLOW SYSTEMS, Inc. for the Radio Telemetry Project
..
Department Head Signature: a)4'ljd oa~~~7.//z~/q/
,
Determination of Consistency with Comprehensive Plan:
"'!"
City Attorney Review/ Recommendation (if applicable):
Budget Dir~tor Review (required on all iteas involving expenditure
of funds): ) ~ ~~
'r a<c
Fundi g available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Destf.i~tion:
Account Balance: .l. ~<kIA..Ph f/12. ~5"',i'O -r ~/-#I(yJ'- ~.Jt-&O. ~
City Manager Review: I .
tv!S r~ : to'f!
Approved for agenda: ~
. E If NO tt? 1 :;.j~T4
Hold Until:
Agenda Coordinator Review: t/ ~q(
Received:
Action: Approved/Disapproved
. . ~~~W(Q)~~~
DATA FLOW SYSTEMS, INC. INVOICE INVOICE PAGE
DATE NO.
P. O. BOX 2550
MELBOURNE, FL 32902 06-14-91 1001 1
(407) 729..:0596
SOLD Attn: Accounts Payable SHIP
TO City of Delray Beach TO
100 N.W. 1st Avenue
Delray Beach, Florida 33444
ORDER NO. ORDER DATE CUSTOMER SALES PURCHASE SHIP VIA SHIP DATE
NO. PERSON ORDER NUMBER TERMS
18429 Net 30 days
QUANTITY UNIT QUANTITY QUANTITY ITEM NO. ITEM DESCRIPTION
ORDERED SHIPPED BACK DRD. UNIT PRICE UNIT EXTENDED PRICE
Retainage for PO# 18429
Contract 89-95 $ 10,256.00
if
L,
3: N
<::> 0
c:::. ..
~ CO LU
Vi oQ~~t~ue accounts shall be subjt!ct
..,...... "-
, ~"-
~ ,....,.s.:~'
<j~ lCo',._
!.-.~ ,,;,j J: payment charges of 1 0'
Ln er mOTlj'h (' 0 112 /0
U! ('V <...) Ie., J 8 % annual rate)
.....- -.J
,,'.... :::::> U.J
C) -, C:r:
c.:::
-
> en
~- Pf2&tG€-~a~
Lu
SALES AMOUNT
MISC. CHARGES
SALES TAX
FREIGHT
TOTAL
PAYMENT REC'O
BALANCE DUE $ 10,256.00
_..~--- - -- -.- ---.- -1r:if.----......--- - ,~-
. .
.
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER(1'-'1
SUBJECT: AGENDA ITEM # <t 0 - MEETING OF AUGUST 13, 1991
REQUEST FOR FINAL PAYMENT/POST, BUCKLEY, SCHUH &
JERNIGAN, INC.
DATE: AUGUST 8, 1991
We have received a request for final payment, in the amount of
$9,997.12 from Post, Buckley, Schuh & Jernigan, Inc., for labora-
tory services in conjunction with the Water Treatment Plant
Expansion project. Staff has reviewed this work and found it to
be satisfactorily complete. Funding is available in 1984 Water
and Sewer Revenue Bond/Water Treatment Plant Expansion (Account
No. 441-5162-536-60.76).
Recommend approval of request for final payment in the amount of
$9,997.12 from Post, Buckley, Schuh & Jernigan, Inc. for labora-
tory services in conjunction with the Water Treatment Plant
Expansion project with funding from 1984 Water and Sewer Revenue
Bond/Water Treatment Plant Expansion (Account No.
441-5162-536-60.76) .
t
i' .
I
.
Agenda I tem No.:
AGENDA REQUEST
Date: July 26, 1991
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: August 13. 1991
Description of agenda item (who, what, where, how much): Request City Commission
to approve final payment for Post, Buckley. Schuh & Jerni~an. Tnr for rhp W~~pr
Treatment Plant "Laboratory" in the amount of $9.997.12 - P.o. 1120309 (Auth No I13B -
Budget amount $29,997.12 - Project No. 90-12 (I)
ORDINANCE/ RESOLUTION REQUIRED: ~NO Draft Attached: xmv'NO
Recommendation: Recommend Cit Commission to a rove final a ent to Post
Buckley, Schuh & Jernigan, Inc. in the amount of 9,997.12 for the Water Treatment
"" Plant Expansion Proiect (Laboratory services).
Department Head Signature: $/.4/{L<<,~~j} 7ht-jq/
,
Determination of Consistency with Comprehensive Plan:
""!"
City Attorney Review/ Recommendation (if applicable):
Budget Director ~~iew (required on all iteas involving expenditure
of fundsl' f.l4.(;<
Fundi g available: YES/ NO
Funding alternatives: (if applicable)
Account No. & DeSifiption: "''if?, /'}f ,k...
Account Balance: . .D. M
/
' .~c-
City Manager Review:
Approved for agenda: C~/$/ NO f~1
Hold Until: /. ,
Agenda Coordinator Review: A;i~proved
Received:
Action:
(
"
,
VERY
PBSJ' . r POST ! A ENGINEERJNG
. ~~ BUCKLEY, 51 nature Date 1., tL1{ g / PLANNING
SCHUH &.. 9 ARCHITECTURE
JERNIGAN, INC. 7 ,.t:.'t:;1jt:l~.:hrf1'~~r,{;
I
#D {J i q/ qq 7, J 2. FEBRUARY 19, 1991
Pf> tei1-t,'", I 130' C K"c hll'{~e. INVOICE NO. 04191
{L)1tS .JOB NO. 10-376.00
CITY OF DELRAY BEACH S/t!tf!
ENVIRONEHENTAL SERVICES DEPARTHENT ~._
434 SOUTH SWINTON AVENUE I t- ^ C'T' "',! rq-'s nl~r:J..\Jr. r ~O.t-t,
DELRAY BEACH, FWRIDA 33444 11-'f~I=\~_'j~~~:~ ur':I.tf4\Ct::"j) 1\ t.2-- ~3 .
I <:.' . .. ~ ~ [;;; L3 U \..1 l,=:, L:....) . .
ATTENTION: MR. WILLIAM H. GREENWOOD ,-~lgnature --- v 1 Di.1W~ . ~~<- ;J
RE: ADDITIONAL CONSTRUCTION SERVICES
AUTHORIZATION #~:lB . _ _ _ _ _ _ _ .. q <3 .
INVOICE #1 --"--- - - - .
PROFESSIONAL SERVICES RENDERED THROUGH THE PERIOD AUGUST 1 THRU
DECEMBER 31, 1990
---------------------------------------------------------------------------
AUGUST , 1990
-------------
PROFESSIONAL PERSONNEL HOURS AMOUNT TOTAL
---------------------- ----- ------- ------
PROJECT HANAGER
VOORHEES, RICHARD 39.0 $1,162.59
SR. ENVIRON. ENGINEER
COPELAND, CHARLES E. 4.0 134.60
SR. HVAC ENGINEER
RIVAS. EMILIO 6.0 150.00
SR. ARCHITECT
CAPOTORTO. DAN 4.0 130.00
SR. ELECTRICAL ENGINEER
TREVIN, PEDRO 11.0 313.50
1""1
HVAC DESIGNER \.0 rz::
MAURA. SHIRLEY 3.0 40.44 ~ ~ ~
~l ~ 0;
SR. ENVIRON. DESIGNER ~7 ~ ~;~
WILSON. WALTER 1.0 16.12 r';J: ~ f5
....>:.'. Cl ~
-.:,.- \;J ~'"
SECRETARY ~';; :l6 ~;:
V ANDERDRI FT, MARLENE 4.0 50. 72 ~{; ~ ~.
.....1 r<tr -53
OOCUMENT CONTROL CLERK 0 ~ .~~
BARTLEY. KERENSA 5.5 41. 25 '1~
. .. ~
----- --------
77_5 $2,039.22
X 3.0
--------
TOTAL LABOR 6.117.66
WINTER PARK PLAZA. 1560 ORANGE AVENUE. SUITE 700, WINTER PARK. FLORJDA 32789
TEL: 407/647-7275' FAX: 407/740-8958 J.
((1N.1 ~/,-g ~ ,
,
. .
CITY OF DELRAY BEACH
FEBRUARY 19, 1991
INVOICE NO. 04191
JOB NO. 10-376.00
PAGE 2
REIMBURSABLE EXPENSES
REPRODUCTION $28.12
TELEPHONE 6.04
BLUEPRINTS & REPRODUCTIONS 21.04
COURIER 32.35
PC COMPUTER 6.00
---------
TOTAL EXPENSES 93.55
TOTAL AMOUNT DUE AUGUST $6,211.21
..'.
CITY OF DELRAY BEACH
FEBRUARY 19, 1991
INVOICE NO. 04191
JOB NO. 10-376.00
PAGE 3
SEPTEMBER, 1990
---------------
PROFESSIONAL PERSONNEL HOURS AMOUNT TOTAL
---------------------- ----- ------- ------
PROJECT MANAGER
VOORHEES, RICHARD 32.5 $968.82
SR. ARCHITECT
NEVILLE, GREGORY 1.0 19.25
SECRETARY
VANDERDRIFT. ~~RLENE 4.0 50.72
BAXTER, WANDA 0.5 4.69
OOCUMENT CONTROL
BARTLEY, KERENSA 3.0 22.50
----- --------
41.0 $1,065.98
X 3.0
--------
TOTAL LABOR 3,197.94
REIMBURSABLE EXPENSES
REPRODUCTION $72.05
TELEPHONE 26.91
TRANSPORTATION - LOCAL 31. 54
AUTO RENTAL 47.86
MEALS 16.73
AIR FARE 83.00
COURIER 15.30
---------
TOTAL EXPENSES 293.39
TOTAL AMOIJNT DUE SEPTEMBER $3,491. 33
"'N
.
CITY OF DELRAY BEACH
FEBRUARY 19. 1991
INVOICE NO. 04191
JOB NO. 10-376.00
PAGE 4
OCTOBER. 1990
-------------
PROFESSIONAL PERSONNEL HOURS AMOUNT TOTAL
---------------------- ----- ------- ------
PROJECT MANAGER
VOORHEES. RICHARD 40.5 $1. 207.30
SR. ARCHITECT
CAPOTORTO, DAN 9.0 292.50
SR. STRUCTURAL ENGINEER
PITCHER. WILLIAM 1.0 29.09
MARTINEZ. PAUL 11.0 177.21
SR. HVAC ENGINEER
RIVAS, EMILIO 10.0 250.00
SR. ELECTRICAL ENGINEER
TREVIN, PEDRO 13.0 370.50
SECRETARY
VANDERDRIFT, MARLENE 2.5 31.70
BROWN, BARBARA 4.5 42.03
GENENDLIS, PAMELA 1.0 11.06
FAJET, DEBORAH 3.0 28.98
DOQJt1ENT CONTROL CLERK
BARTLEY, KERENSA 4.5 33.75
----- --------
100.0 $2,474.12
X 3.0
--------
TOTAL LABOR $7,422.36
REIMBURSABLE EXPENSES
REPRODUCTION $47.08
TELEPHONE 12.32
TRANSPORTATION - LOCAL 34.79
AUTO RENTAL 38.91
MEALS 1.06
AIR FARE 143.00
---------
TOTAL EXPENSES 277 . 16
TOTAL AMOUNT DUE OafOBER $7,699.52
" ,~
:
CITY OF DELRAY BEACH
FEBRUARY 19. 1991
INVOICE NO. 04191
JOB NO. 10-376.00
PAGE 5
NOVEMBER, 1990
--------------
PROFESSIONAL PERSONNEL HOURS AMOUNT TOTAL
---------------------- ----- ------- ------
PROJECT MANAGER
VOORHEES, RICHARD 49.5 $1,475.60
SR. ARCHITECT
COPELAND, CHARLES E. 2.0 65.00
SR. HVAC ENGINEER
RIVAS, EMILIO 8.0 200.00
SR. ELECTRICAL ENGINEER
TREVIN, PEDRO 9.0 256.50
SECRETARY
VANDERDRIFI', MARLENE 2.5 31. 70
LARIVEE, ARDEN 4.0 49.52
DOCUMENT CONTROL CLERK
BARTLEY, KERENSA 2.5 18.75
----- --------
77.5 $2,097.07
X 3.0
--------
TOTAL LABOR 6 , 291. 21
REIMBURSABLE EXPENSES
REPRODUCTION $10.56
TELEPHONE 28.52
TRANSPORTATION - LOCAL 33.46
AUTO RENTAL 35.72
MEALS 1.06
AIR FARE 145.00
PC COMPUTER 5.17
COURIER 22.75
PHOTOS 12.38
BLUEPRINTS 17.34
---------
TOTAL EXPENSES :311. 96
TOTAL AMOUNT DUE NOVEMBER $6,603.17
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CITY OF DELRAY BEACH
FEBRUARY 19. 1991
INVOICE NO. 04191
JOB NO. 10-376.00
PAGE 6
DECEMBER, 1990
--------------
PROFESSIONAL PERSONNEL HOURS AMOUNT TOTAL
---------------------- ----- ------- ------
PROJECT MANAGER
VOORHEES, RICHARD 42.0 $1. 251. 99
SR. ARCHITECT
CAPOTORTO. DAN 2.0 65.00
SR. HVAC ENGINEER
RIVAS, EMILIO 12.0 300.00
SR. ELECTRICAL ENGINEER
TREVIN, PEDRO 2.0 57.00
SECRETARY
V ANDERDRI FT. t-lARLENE 2.0 25.36
BAXTER, WANDA 3.0 28.14
LARIVEE, ARDEN 3.0 37.14
DOCUMENT CONTROL CLERK
BARTLEY. KERENSA 2.0 15.00
----- --------
68.0 $1. 779.63
X 3.0
--------
TOTAL LABOR 5.338.89
REIMBURSABLE EXPENSES
REPRODUCTION $50.00
TELEPHONE 30.00
TRANSPORTATION - LOCAL 70.00
AUTO RENTAL 78.00
MEALS 15.00
AIR FARE 390.00
PC COMPUTER 10.00
COURIER 10.00
---------
TOTAL EXPENSES 653.00
TOTAL AMOUNT DUE DECEMBER $5,991. 89
TOTAL AMOUNT DUE THIS INVOICE ~
rlr-----m-
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CITY OF DELRAY BEACH
FEBRUARY 19, 1991
INVOICE NO. 04191
JOB NO. 10-376.00
PAGE 7
BUDGET AMOUNT $29,997 .12 ~
PREVIOUSLY INVOICED 0.00
~~(J"Of)O
AMOUNT DUE THIS INVOICE
~~__~_~____ 7
BUDGET REMAINING $0.00 f
EfJ~ J U--I- p !Z.TIt'fJfuN ~e;: ... g I f) 91. / Z-
- ----------------------------------
J. RICHARD VOORHEES, PROJECT MANAGER
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER CJ~1
SUBJECT: AGENDA ITEM # ~~ - MEETING OF AUGUST 13, 1991
EMERGENCY MANHOLE REPAIR/815 FOXPOINT CIRCLE (HAMLET)
DATE: August 7, 1991
This item is before you to approve the emergency repair of a sinking
manhole at 815 Foxpoint Circle in the Hamlet subdivision. As the
sinking manhole was causing the street to collapse, the repair has
been made. However, as the cost of the repair was $15,780, this item
is being brought before you for formal approval. The contract for
repair was awarded to D.S. Eakins, who is under contract with Palm
Beach County Utilities. Funding is available in 1991 Water and Sewer
Revenue Bond/Repair and Replacement Manholes (Account No.
447-5169-536-60.31). Account balance $173,428.
Recommend approval of emergency repair of a manhole at 815 Foxpoint
Circle and of the award of contract to D.S. Eakins in the amount of
$15,789 with funding from 1991 Water and Sewer Revenue Bond/Repair and
Replacement Manholes (Account No. 447-5169-536-60.31).
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
TO: David T. Harden
City Manager
THRU: William H. Greenwood ~~.
Director of Environmental Services
FROM: Al Monteleone
Supt. of Water/Sewer Network
SUBJECT: Emergency Repairs
DATE: August 7, 1991
The manhole at 815 Foxpoint Circle, in the Hamlet is sinking
causing the street to collapse. This is being caused by a
poqr foundation under the manhole. It is imperative that we
make the necessary repairs to this manhole as soon as
possible.
The estimated cost is $15,780.00, funds for this project are
in account #441-5169-536-60.31 and on requisition #2233.
D.S. Eakins is the contractor who is under contract with
Palm Beach County Utilities, Bid No. 91-073PR.
Please approve the above requisition as soon as possible so
that we can move forward with this project.
~~b-
Al Monteleone
AM: jaf
File: Memos to City Manager
Project #91-12.4
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PI625I02 CITY OF DELRAY BEACH 8/08/91
Purchase Requisition Inquiry 13:49:50
Type information, press Enter.
Requisition: Number: 0000002233 By: AL MONTELEONE Date: 080291
Reason: EMERGENCY REPAIR TO MANHOLE
Status: WAITING DEPT APPROVAL
Approved: By: Date:
Suggested vendor: Nbr: Name: D.S. EAKINS
Ship to: ENVIRONMENTAL SERVICES Deliver by date: 080791 Comments N (Y/N)
Line Quantity Unit Cost Extended
Nbr (2 decimals) UOM Description (2 decimals) Cost Opt
1 1. 00 EA ESTIMATE COST TO MAKE 15780.0000 15780.00
EMERGENCY REPAIRS TO THE
MANHOLE ON FOXPOINT CR.
IN THE HAMLET
(AS PER PALM BEACH COUNTY
CONTRACT #91-073PR)
Total . . 15780.00
Highlighted/protected fields indicate record has been processed or deleted.
F1=Exit F2=Cancel F5=Print requisition F8=Requisition quotes
F15=Account distribution Opt Q=Line item quotes
Comments exist for the requisition.
09-73 SA MW KS IM II S1 KB
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MEMORANDUM
TO: ~~YOR AND CITY COMMISSIONERS
~ 1
FROM: CITY MANAGER['7v1
SUBJECT: AGENDA ITEM # <6 L- - MEETING OF AUGUST 13 I 1991
RATIFICATION OF RULES/BOARD OF CONSTRUCTION APPEALS
DATE: August 7 I 1991
This item is before you to ratify the rules for the Board of
Construction Appeals. The new rules were drafted for the purpose of
insuring that all references refer to the Land Development Regulations
instead of old Code sections. There are no significant changes in the
new rules.
Recommend ratification of the rules for the Board of Construction
Appeals.
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[ITY DF DElRAY BEA[H "
CITY ATTORNEY'S OFFICE 2()() ~W 1st AVE:"UE -. DELRAY BEACH. FLORIDA 334..\4
FACSI~lILE 407/273-4755 Direct Line
(407) 243-7091
MEMORANDUM
DATE: July 26, 1991
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Rules of the City of Delray Beach Board of
Construction Appeals
The Board of Construction Appeals has adopted rules for the
Board of Construction Appeals. These rules require your
ratification. There are no significant changes in the new
rules. The new rules were drafted for the purpose of insuring
that all references refer to the land development regulations
instead of Sections of the old code.
By copy of this memo to the City Manager, David Harden, our
off ice~~is requesting that these rules be placed on the next
available City Commission consent agenda for ratification by
~~mmiSSion.
SAR:ci
Attachments
cc David Harden, City Manager
Chairman of the Board of Construction Appeals
Anita Barba, Board Secretary/Liaison
.,
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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 ) votinCJ
members of the Board for all actions. No z.ction 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-he-a-ring in which he is directly or indirectly affected
in any financial way. Whenever a member of the Board has a
personal, private or professional interest in any matter which
comes before the Board, that member shall, within fifteen ( 15 )
days after the 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
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4. DECISIONS: Shall be made pursuant to Section
2.2.5 (D) of the Land Development Regulations of the Ci.ty 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) ot
the Land Development Regulations of the City of Delray Beach
Code of Ordinances and Florida Statutes.
6. AMENDMENT: An appeal may be amended at any time or
from time to time prior to or during the Public Hearing of the
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 the amendment
does not request a greater variance from the terms existing
ordinances than that requested by the ap~eal. 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 alJ 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:
l. 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
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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 tor
re-hearing, public notice of the hearing shall be given at the
cost of the applicant.
ARTICLE VIII: AMENDMENTS; EFFECTIVE DATE:
l. 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.
Reconunenda t ions 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
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after their approval by the City Commission.
These Rules of Procedure were adopted by the Board of
Construction Appeals on the Iq"t'h day of
June... , 199 I .
Charrma
Board of Construction Appeals
Approved by the City Commission on the day of
, 1991.
Mayor, City of Delray Beach
Attest
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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 gov-
erned 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 De';elopment 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 lt~. 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(0) 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.
3 . The recording secretary shall be designated by the
City Manager. The recording secretary shall take and tran-
scribe the minutes of each meeting of the Board and assume all
ministerial duties.
ARTICLE IV:
1. MEETINGS: The Board shall meet every third Wednesday
of March, June, September and December at 5:00 p.m., unless
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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 shull 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 ( J )
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 secre-
tary as promptly as possible of any anticipated absence from a
Board meeting. Except for automatic resignation from the
Board, a Board member may resign by filing a written statement
of resignation with the recording secretary of the Board.
Vacancies on the Board shall be filled pursuant to Section
2 . 2 . 1 ( F) --.o_f 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 ( 10) days of the action being
appealed pursuant to the terms of Sections 2.2.5(0) 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(8)(2) of the Land Development Regula-
tions 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.
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represented by a designated agent or attorney. If the appli-
cant does not appear on his own behalf at the public hearing,
he shall fi Ie with the recording secretary of the Board, prior
to the public hearing, a statement, made under oath, authorLz-
ing 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 jnterested 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 exhib...ts
may be presented. The procedures for an appeal lodged pursuant
to S e c t i-Q 11 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 motion for re-hearing. The motion for
re-hearing may be based upon the following grounds:
a. ) Newly discovered evidence which by due diligence
could not have been discovered in time to present at the public
hearing.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{Jt 1
SUBJECT: AGENDA ITEM # cg'rr) - MEETING OF AUGUST 13 , 1991
AUTHORIZATION TO TRANSFER FUNDS/DECADE OF EXCELLENCE BOND
ISSUE
DATE: August 7, 1991
At your June 18th workshop meeting the Commission approved the final
Master Plan and project list for improvements at the Municipal Golf
Course. Concurrent with that approval, the Commission committed to
the transfer of funds in the amount of $30,000 from the Decade of
Excellence Bond Issue interest earnings. This item is before you for
formal action on that commitment.
The distribution of the $30,000 will be $10,000 into Decade of
Excellence Bond Issue/Golf Course Improvements, Other (Account No.
225-4762-572-60.69) and $20,000 into Decade of Excellence Bond
Issue/Golf Course Improvements, Uncommitted (Account No.
225-4762-572-60.99) . This transfer is necessary in order to provide
adequate funds for the Golf Course improvement project, as well as
provide the required contingency ($27,000) for this project.
Recommend authorization be granted to transfer funds in the amount of
$30,000 from the Decade of Excellence Bond Issue interest earnings
into Decade of Excellence Bond Issue/Golf Course Improvements, Other
(Account No. 225-4762-572-60.69) and Decade of Excellence Bond
Issue/Golf Course Improvements, Uncommitted (Account No.
225-4762-572-60.99).
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[ITY DF DELAAY BEA[H
100 N.W. 1st AVENUE . DELR"-Y BE.!\CH HCJHIDA 33444 . ')7 i24ll000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~?J}f Robert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: Agenda Item :It City Commission Meeting August 13, 1991
Budget Transfer Municipal Golf Course
DATE: August 5, 1991
ACTION REQUESTED
City Commission is requested to transfer $30,000 from the Decade of
Excellence Bond Fund Interest Account code 225-0000-361-10.00 to the
Decade of Excellence Bond Fund Golf Course Projects Account codes
225-4762-572-60.69 Improvements Other ($10,000) and 225-4762-572-60.99
Uncommitted ($20,000).
BACKGROUND
On June 18, 1991, City Commission approved the final Master Plan and
project list for the Municipal Golf Course. With this approval City
Commission committed to the transfer of $30,000 from the Decade of
Excellence Bond Fund Interest Account to the Golf Course project.
This agenda item formalizes that commitment.
RAB:kwg
THE EFFORT ALWAYS MATTER
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MEMOR1I.NDUM
TO: MAYOR AND CITY COMMISSIONERS
FROt-!: CI'l'Y MANAGERCM
SUBJECT: AGENDA ITEM # ~N - MEETING OF AUGUST 13 , 1991
AUTHORIZATION TO EXPEND FUNDS/LAW ENFORCEMENT TRUST FUND
DATE: August 7, 1991
This item is before you for authorization to expend funds from the Law
Enforcement Trust Fund to purchase a Computer Voice Stress Analyzer
(CVSA) and attendant training. With the recent resignation of Jack
Land and the elimination of the Police Trainer position, the Police
Department no longer has a certified polygraph examiner. Lie
detection tests are used both for pre-employment and specific criminal
investigations. In order to provide these services the Police
Department has the option of:
A. Contracting out, which costs approximately $65 per test.
B. Training another Police employee, which would take
approximately one year for certification.
C. Utilizing the CVSA instead of the polygraph for lie
detection.
The CVSA is being used by a number of law enforcement agencies
nationwide as an alternative to the polygraph. The CVSA detects,
measures and charts the fluctuations in the voice according to the
degree of stress. Copies of recommendation letters as well as a brief
description of the CVSA is attached as backup material for this item.
rrhe cost of the CVSA instrument is $5,425. The Police Chief is
recommending that four individuals be trained at the cost of $3,800.
The total expenditure for the CVSA and attendant training is $9,225.
Recommend authorization to expend $9,225 from the Law Enforcement
Trust Fund to purchase a Computer Voice Stress Analyzer from the
National Institute for Truth Verification and to train four staff
members on the use of the CVSA equipment.
,I'H
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D~~rW~;At~~~:~e ~:'~~Y~:c?:~~:~::=nt 11 .
(407) 243-7888 Fax (407) 243-7816
MEMORANDUM
TO: David T. Harden, City Manager
~
FROM: Richard M. Lincoln, Interim Police Chief
DATE: August 9, 1991
SUBJECT: COMPUTER VOICE STRESS ANALYZER
As you are aware from our meeting on Wednesday, August 7, 1991,
the Police Department needs to consider options available in
terms of lie detection. With the recent resignation of Jack Land
and the subsequent elimination of the Police Trainer position,
the Police Department no longer has a certified polygraph
examiner. The options available to us in addressing the issue of
lie detection for both pre-employment and specific criminal
investigations include:
1. Contracting out for this service;
2. Arranging for training for another Police employee;
3. Utilizing the Computer Voice Stress Analyzer instead of the
polygraph for lie detection.
In 1990 the Police Department processed 62 applicants through
pre-employment polygraphs. At the rate of $65.00 per test this
would represent an annual consulting expense of over $4,000.00
and would not include the additional expense of specific tests
associated with criminal investigations.
The training and polygraph certification process for a Police
employee would be a significant time commitment, as the actual
training and apprenticeship takes approximately one ( 1) year
before the trainee is certified.
The Computer Voice Stress Analyzer (CVSA) is being used by a
number of law enforcement agencies nationwide as an alternative
to the polygraph. Area law enforcement agencies including
Boynton Beach, Palm Beach, and Riviera Beach are presently using
this process for both pre-employment and specific examinations
with great satisfaction.
The advantages for converting to this system include:
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AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY
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SUBJECT: COMPUTER VOICE STRESS ANALYZER
August 8, 1991
Page 2
1. CVSA training is accomplished in 40 hours and is conducted
in West Palm Beach, thereby greatly reducing travel and
training expenses.
2. CVSA pre-employment tests can be conducted in 10 to 15
minutes.
3. CVSA tests can be conducted in the home of the subject.
It is my recommendation that we utilize Law Enforcement Trust
Fund money to purchase a CVSA instrument and the training of four
(4) individuals for certification. The total cost for this will
be $9,225.00 ($5,425.00 for instrument; $3,800.00 for four people
at $950.00 each). A member of the Investigative Section will be
trained and utilized in criminal investigations. A member of the
Organized Crime Section will be trained and uti lized in testing
informants. A member of staff will be trained so that an
impartial individual would be available to interpret charts and
retest individuals if necessary. The fourth individual receiving
training could be someone from Human Resources. This would allow
pre-employment testing to be removed from the Police Department
entirely. This individual would also provide pre-employment
testing for firefighter applicants, thereby eliminating the
annual recurring consulting costs of the Fire Department.
Should you agree with this proposal, I will arrange for this
request for expenditure of Law Enforcement Trust Fund moni e s to
be included on the August 27, 1991 Consent Agenda so that the
individuals selected for training are able to attend a class
scheduled for September 16 - 20.
RMLjppt
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NATIONAL INSTITUTE
FOR
TRUTH VERIFICATION
DIRECTOR MAILING ADDRESS
CHARLES HUMBLE. Ph.D. 515 N. FLAGLER DR.
CRIMINOlOGIST SUITE 300 PAVILION
WEST PALM BEACH, FL 33401
407 -835-3944
FLORIDA TRAINING ANNOUNCEMENT
Th~ NationaL In6t'tu~e 604 T4uth Veki6ication i~ p~ea~ed to
announce that a Ce~ti6ied Examlne~~ Cou~~e l~ ~cheduled 6o~ Sept.
16-20 in We~t Palm Beach, Fto4iaa. Thi~ cou~~e i~ applicable 60~
the CVSA and the old PSE.
With the ~ecent u~e 06 the Compute~ Voice St~e~~ Anatyze~ by the
Palm Beach Pollee Dept. (the Palm beach P.D. ha~ th~ee
lnve~tlgato~~ t~alned and l~ in the p~oce~~ 06 having th~ee
addltlonal lnve~tlgato~~ t~ained thi6 6all) to va.tidate the
vlctlm~ allegatlon6 in the Palm Beach 4ape ca6e, we have 60und it
nece~~a~y to ~chedule additional c.ta~6e6 6o~ Flo~ida. The CVSA'~
~e~ult~ we~e late~ con6l~med by a 60~en~ic polyg~aph examination
(conducted by the State Atto~ney'~ 066ice). The CVSA exam took 45
mlnute~ and wa~ conducted in the vlctlm~ home.
Many depa~tment~ in the State 06 Flo~lda have 60und that the CVSA
l4 an excellent lnve~tlgatlve tool. Among tho~e l~ the Collle~
County She~i66'~ Vept. Having pu~cha~ed 4 CVSA'6 and t~alned 10
lnve~tlgato~~ 60me time ago, they a~e elated with the unlt'~
pe.~60~mance. In 6act, the CVSA'~ have be.en ~o ~UCCe.666ut a~
Collle.~ County that they a~e In the p~oce~~ 06 t~alnln9
addltlonal detectlve~ In lt~ a~e. The Po~t St. Lucie P.O. ha6 .
now al~o joined the 4ank~ 06 tho4e that have ~wi~chea ~o the CVSA
along with the Col.tie~ County She~i66'~ Dept., Palm Beach P./).,
Nap.l.e6 P. V. , Vavle P. V., Sanlbel P. V. , and the Rivie.~a Beach
P.O., among othe~4. In o:the~ ~ta:te~, ~uch a~ Indiana 6o~ ,
. , ,
ln~tance, ove~ 45 depa~tment~ a~ well a~ eve~y co~~e.c:tional "
ln~tltution ha6 made the ~witch :to :the CVSA.
Fo~ 6u~the~ ln60~matlon on the CVSA o~ ou~ Sept. cla~ ~ , plea6e
contact ou~ 0661ce a~ ~oon a~ po~~ible a6 ou~ cta~6e6 a~e timitea
to te.n ~tudent~.
J/Q.~
IECoV/l
.1,11
February 26th, 1990
Dr. Charles Humble
National Institute For T.ruth Verification
5849 Okeecmbee Blvd., SUite 201
West Palm Beach, Florida 33417
Dear Dr. Humble:
City of Sanibel As you krx:M, I have been administering "truth verificat-
ion" exams via the voice stress analyzer for b'1e past six years.
800 Dunlop Road I was originally trained by you on the old PSE equi:t;rnent, ani
Sanibel. Florida 33957 used this systan with great success.
In 1988, my departIrent purchased your new Carg;>uter Voice
AREA CODE. 813 Stress Analyzer which made the PSE obsolete ani antiquated. The
CITY COUNCIL 472... 135 CVSA has a trem:mdous advantage over the old PSE, in that it is
Imlch easier to operate, Imlch quicker, and the stress graphics
"DMINISTRA TIVE 472.3700 make chart interpretation quite sinple.
BUILDING 472"'55~
E:MERGENCY MANAGEMENT 412.311 I Voice stress "truth verification" has been an invaluable
F'INANCE 472.9615 tool for us in our investigations, particularly in the area of
LEGAL 472...359 suspect elimination. The CVSA has saved us literally hundreds
PARKS o!i RECREATION 472.3373 of hours in what would have been wasted tiIre following oonven-
PLANNING 472...136
POLICE 472.3111 tional interview techniques, by fastly eliminating the i.nnocent
PU8UC WORKS 412-6397 and putting us onto the perpetrators. Confession rates have also
significantly increased for us since even the perpetrators have
very little arguement after seeing their charts, because of their
sirrplicity.
In closing, I would highly recx:mrend the CVSA to any law
enforcarent agency interested in saving tiIre on investigations,
and getting to the truth arrl the suspect (s) in the shortest
p:>ssible tL-re.
Keep up the good work with your Institute. ,
'. .:~~
ayne Hinz
Detective/SUpervisor
sanibel Island, Florida
Police DepartIrent
C I T Y OF RIVIERA BEACH
600 WEST BLUE HERON BLVD. . RIVIERA BEACH. FLORIDA 33404
O....ICIlO..
CHIEF' OF' ~OLICE
March 16, 1990
Dr. Charles Humble
National Institute for Truth Verification
5849 Okeechobee Boulevard, #201
West Palm Beach, FL 33417
Dear Dr. Humble:
Our Department recently purchased a Computer Voice Stress
Analyzer from your Institute, and two officers were trained on
the instrument. Prior to our acquisition of the CVSA, our lie
detection examinations were done by a polygraph examiner.
Since our examiners returned from your training program, we have
had remarkable success with the CVSA. In our very first case, we
were required to test all the employees of one business. The one
person who was considered above suspicion, failed the exam, which
made us doubt the accuracy of the instrument. However, our
subsequent investigation proved that the instrument has correctly
identified the cUlprit. Needless to say, we were impressed.
We have since conducted many exams on individuals, with the
youngest being 10 years of age. In this case, the CVSA
accurately identified the deceptive response of the subject,
which then led to a successful conclusion of the case. In all
examinations conducted, we have found the instrument accurate in
its finding.
As a department of 101 sworn officers, we are now in the process
of training all detectives in using a standard tape recorder to
conduct a covert exam in the field. We also plan to establish a
pre-employment examination for new pOlice-fire employees.
In summary, the CVSA is one of the most impressive investigative ':\
tools we've acquired. I would like to take this opportunity to
thank you for the outstanding training program and the special
interest that you have shown our Department.
Sincerely, ~~
~
.~."=
ames o. Fitz Keith B. Childers, Lieutenant
hief of poli Internal Affairs Officer
JOF/sd
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The City of Fort Wayne
Dr. Charles Humble
National Institute For Truth Verification
5849 ~keechobee Blvd. Suite 201
West Palm Beach. FLA 33417
Dear Dr. Humble,
Being a Polygraph Examiner with approximately five years of experience
I was somewhat skeptical of the Voice Stress Analyzer. along with the
fact that there was only one week of instruction.
I attended Lynn Marcy's school, "The American Institute Of Professional
Polygraph And Applied Psychology" located at Dearborn.MI for nine weeks
plus two additional weeks after running 200 exams. I also have fifteen
years of experience as a police officer, ten of which have been in the
Detect i ve 'Bureau. This may have had some bearing on my skepticism.
It should be noted here that the Fort Wayne Police Dept. has approximately
300 officers with a population of 180,000. As you can imagine our case load I
is quite heavy and I schedule five to seven exams a week.
During this past week I have run seven exams using the Computer Voice Stress
Analyzer. Due to your instruction on Interrogation Techniques I obtained
two confessions prior to the exams, three verified "Truthfuls", one
"Decepti ve" and cleared a pr ime suspec t in a Homicide Investigation.
So far I have had no problems in calling the charts with total confidence
in your Instrument and myself. I have also discovered that the amount of time
needed to conduct an exam has been greatly reduced.
There has been one problem. Since returning from your school and with my
success so far I am being hounded by Detectives for exam dates. ,
I will continue to keep you abreast of my progress and I am looking , '1\
forward to seeing you in January for the Advanced Course.
Sincerel~
tt( I!: La::r
Ft. Wayne Police Dept.
#1 Main St.
Ft. Wayne, IN 46802
1-219-427-1201
An Equal Opportunity Employer
One Main Street, Fort Wayne, Indiana 46802
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CVSA
COMPUTER VOICE STRESS ANAL YZER
Using the latest micro-computerized electronics, the CVSA is now able to detect the sub-audible changes in a
speakers voice that occur with stress and deception.
The CVSA detects, measures and
charts the stress in a person's voice
INSTANTANEOUSL Y
with or without the person's knowledge
HISTORY
Throughout history, men have tried ingenious methods for sorting out truth-tellers from liars. A
medieval "truth by trial" technique called for thrusting a suspect's hand into a fire; if it was not
burned, he was judged innocent. An ancient Chinese test required a suspected wrongdoer to
chew rice powder while being questioned. If the powder was dry when he spit it out afterward, the
man was condemned-on the theory that the tension of lying had blocked his salivary glands,
producing a dry mouth.
With the increase in population, many problems have developed in our society. Science and its creations have
recognized these problems and come up with solutions.
Such as: Excessive speeding brought on the Radar Speed Trap and radar brought on the Radar Detectors. Hijack-
ing caused science to develop the Metal Detector at all airports. Credit brought on Credit Cards which brought on
Instant Electronic Credit Checks. Increased drunk driving brought on the Breath Analyzer.
WHY? ",
,
Depending upon whose figures you believe, American businessmen are losing $5 biliiO'n to $50
billion a year to dishonest employees. To combat the loss, they have turned increasingly to the
CVSA to screen out potential thieves, as well as junkies, alcoholics, the emotionally unstable,
and the politically extreme.
It is an unfortunate fact that many people feel they have a right to lie. How many wrong decisions
have you made based upon a lie? The CVSA will give you the edge.
You will now have a tool to help you
tell the truth from a, lie.
-2-
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2, You can record the voice on a
tape recorder and run It thru .
the CVSA or run the voice .
directly into the input
jack
1, Durinq speech, the sound of the
voice includes a buzzing vibration
called microtremor, Under stress, the
autonomic or involuntary nervous
system causes an inaudible increase in
the frequency of these microtremors,
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needed. Everything you need is
enclosed in the attache case ~
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:l the processor Isolc1tes the mlcrotrelt1tJrs tram the
other souhds at the voice, ahd mec1surl=j!3 thE:! chahges
ih their electrical ehergy that occUr dUHh!:1 stress.
4. A stylus charts the fluctuation of stress patterns
on a bat graph Immediately aftet the qUestion.
S. The patterns are then Interpreted by you.
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HOW DOES IT WORK?
When a person is under stress, the autonomic nervous system, preparing the body for emergency
reactions, causes the pupils to dlalate, blood to rush away from the limbs, and the muscles to
tense. Since the vocal chords are principally muscular tissue, they too, tighten and certain sub.
audible changes occur in the voice. These changes are called micro-tremors: tiny frequency mod.
ulations in every human voice. These modulations are inaudible and involuntary.
OPERATES JUST LIKE A STANDARD
HOME THERMOSTAT
We can compare the CVSA measuring thesemicro-tremors to the operation of a standard home
thermostat. If the thermostat is set at sixty-five, the heat does not come on until the house
temperature has dropped below sixty-five and then does notturn off until the temperature rises
above sixty.five. Thus the temperature is constantly experiencing "tremor". Similarly, human
muscles are In a state of constant tremor as they maintain equilibrium.
Thus, under relaxed conditions, the human voice muscles are under control of the central nervous system and
tremor at a normal frequency. When the onset of stress causes the autonomic nervous system to "kick In", the
muscles begin to tighten up.
The CVSA's computerized circuitry detects, measures, and charts the fluctuations or "modulations" of a "micro.
tremor" in the voice according to the degree of stress.
Stress cannot be measured numerically, but stress patterns do lend themselves to simplified chart interpretation.
The CVSA's Stress Pattern Chart is traced with a heated stylus on heat sensitive paper similar to the way an EKG
charts the beating o.f the heart.
NO WIRES
, You can tell the person you are speaking with that you are using the CVSA or not, depending on the
I situation-and it does not require any wires hooked to the body.
It is not restricted to "yes" and "no" answers, but rather can analyze any spoken word, or even a dull
groan. (However, most of our users feel more comfortable measuring "yes" and "no" answers).
USE ANYTIME-ANYWHERE
?
-..-.. ~ ~~;"'- It also has the tremendous advantage of being able to analyze a prior recording. Thus, an inter-
-
rogation, speech, or conversation could be taped in 1980 and analyzed in 1987. By asking a
series of questions and interpreting the computer results, you can immediately tell whether the
sub-stress patterns indicate deception, lying, or the truth. '''..
,
, 'l'~
THE CVSA CHART RECORDER MEASURES THE
MICRO-TREMORS AT THE SAME TIME YOU ASK
THE QUESTION.
You can see the results of your Questions on the chart recorder immediately after your question.
This helps you in knowing what questions to ask next, or you may want to ask the same ques-
tion over again for a second verification.
, , \ A WORD OF CAUTION
\ "
t-X,t'f Stress may result from any number of factors; an individual being held up by a gunman or a per-
f? ,,~ ' son burning oneself will feel stress. So, too, will a person who is lying experience stress, partic-
~ J:iI ;.~,', ularly if the lie hides something of importance.
-5-
,.
WHO USES IT?
Anyone who would like to know the truth.
Any conversation (personal or telephone) can easily be run directly into the CVSA or recorded on any tape
recorder and run through the CVSA later.
All your conversations can now be analyzed for truth.
The CVSA is now being used by industrial and retail companies to screen applicants for employment and to in-
vestigate in.house thefts.
Fast food stores, Gas Stations, Restaurants, and Drug Stores give general honesty tests every few months.
Police, Fire Departments, and County Sheriffs now use the CVSA in criminal investigations.
Insurance companies use the CVSA to check taped interviews with people filing suspicious claims for damage or
loss.
If you knew when your customers were lying - how much more could you sell?
If you are a buyer, would it be nice to know if you are getting the lowest price?
If you are buying real estate, what really is their lowest price?
Lawyers are using the CVSA to find out if their clients are telling them the truth.
Psychologists are using the CVSA for truth verification In their treatment of patients.
Because the CVSA can be used on personal conversations, tapes, telephones, TV or radio broadcasts, the in-
dividual applications stagger the imagination.
CAN I USE IT?
When you receive your CVSA, plug the system into your electrical outlet and read
the instruction manual.
The CVSA is designed so with a minimum of training and a few hours of practice,
anyone can use it.
There are basically four levels of use:
I 1. Nominal personal use-All you will need Is the Instruction manual.
2. Personal use-We recommend attending the basic 3 day course.
"
i, 3. Extensive Personal and Business Use-We recommend that you attend the 1
week Intermediate course.
4. Professional Examiner-We recommend you attend the Certified Examiners 2 week course.
WHAT YOU RECEIVE 'l
1. The complete CVSA unit packaged inside an attache case, with a removable lid.
2. A microphone for speaking directly into the CVSA.
3. A jack on the CVSA to either plug a telephone or a tape recorder into.
4. Three (3) rolls of chart paper. (Chart paper is 2 inch Thermal paper). It can be pur-
chased through us or at any medical supply house.
5. A complete, easy to understand, operations manual.
6. A one year guarantee on all parts and labor.
National Institute for Truth Verification
515 N. Flagler Drive, Suite 300 Pavilion
West Palm Beach, FL 33401
(407) 835-3944
Copyright'" 1988 Computer Voice Stress Associates, Inc. We reserve the right to change specifications of the system without notice.
-6-
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtfv1
SUBJECT: AGENDA ITEM # 1?LJ - MEETING OF AUGUST 13, 1991
REQUEST TO ERECT AN AWNING EXTENDING OVER THE CITY'S
RIGHT-OF-WAY (BETHESDA BARGAIN BOX)
DATE: AUGUST 8, 1991
We have received a request from Bethesda Bargain Box to erect an
awning on the front of their building located at 12 N.E. 5th
Avenue (North Federal Highway) which will extend over the City's
right-of-way. The proposed awning is seventeen (17) feet in
length and will extend four (4) feet from the building over the
adjacent public sidewalk.
At your February 26, 1991, regular meeting, the Commission
approved Ordinance No. 18-91 which provided for the extension of
canopies, marquees and covered walkways into the public
right-of-way when approved by the City Commission. Therefore, a
public hearing or advisory board recommendation is not required.
Staff has reviewed this request and found that the proposed
structure meets all applicable code requirements.
Recommend approval of the request from Bethesda Bargain Box to
erect an awning on the front of their building located at 12 N.E.
5th Avenue (North Federal Highway) which will extend over the
City's right-of-way.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~t)
RE: BETHESDA BARGIN BOX REQUEST TO ERECT AWNING THAT WOULD
EXTEND INTO RIGHT-OF-WAY - -
DATE: AUGUST 7, 1991
ITEM BEFORE THE CITY COMMISSION:
- --
A request from Bethesda Bargain Box via Delray Awning to install
one door awning on front of building which will extend into the
City's right-of-way. The business location is 12 N. Federal
Highway.
BACKGROUND:
Pursuant to Ordinance No. 18-91, amending Chapter 6
"Infrastructure in Public Property," Section 6.3.5 provided for
canopies, marquees and covered walkways may extend into the
public right-of-way when approved by the City Commission through
applicable agreement with the City.
The business owner has made a building application to erect a
red & white striped awning, seventeen feet in length extending
four (4) feet from the building along the entrance (front door)
part of the building. The proposed structure meets all
applicable code requirements and has been approved by the Fire
Department and Chief Building Official.
RECOMMENDATION:
We would recommend Ci ty Commission approval of the request to
erect the proposed awning at 12 NE 5th Avenue.
LB:DQ
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SCALE: APPROVED BY DRAWN BY
DATE: 7-'0 -'11
DELRAY AWNING, INC.
!fl.~ )fMWa4 )f~
- - . n~,.~.. On.,,,,h I=Il'1rln'111.l41) DRAWING NUMBER
.
.
. Agenda I tem No.:
AGENDA REQUEST
Date: 8/7 /91
Request to be placed on:.
x Regular Agenda Special Agenda Workshop Agenda
When: 8/13/91
Description of agenda item (who. what. where, how much):
Permission to erect an awning on public right-of-way at 12 NE 5th Avenue
ORDINANCE/ RESOLUTION REQOIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~Q(;^_ ~J,t0Q)._
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite.s involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: &/ NO tpvf
Hold Until:
Agenda Coordinator Review:
Received:
Action:
0' ,~
.
MEMORANDUl..f
'ro: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {~l
SUBJECT: AGENDA ITEM # ~p - f\1EETING OF AUGUST 13, 1991
REQUEST TO MODIFY GRANT AGREEMENT/AUBURN TRACE JOINT VENTURE
DATE: August 7 , 1991
We have received a request from Auburn Trace Joint Venture Group to
modify the Urban Development Action Grant (UDAG) agreement by amending
the repayment schedule to allow payments to commence in 1995 and to
allow the payment of three equal installments on the Purchase Money
mortgage payment as opposed to one balloon payment.
The original agreement entered into in 1989, provided that the City
would loan the developer the $3.8 million UDAG grant, defer payments
during years one through fivej and, assess interest at 3% compounded
on the loan.
Beginning with the fifth year, repayment of the principal and interest
was to be made in equal monthly installments in accordance with a 25
year amortization schedule. A balloon payment, sufficient to payoff
the entire outstanding indebtedness of principal, plus accrued and
unpaid interest was to be made at maturity of the Permanent UDAG loan
in 2005.
The developers' proposal is to begin repayment with the fourth year,
1995 as opposed to 1996, with a revised payment amount during the
first three years of repayment. They are also proposing to pay the
Purchase Money mortgage on the land note in three equal installments
during 2003 through 2005, as opposed to one balloon payment of
$530,000 in 2004.
Staff has reviewed this request to assess its impact on the City. It
has been determined that approval of this request would have a minimum
impact upon the City and could actually be advantageous. However,
while the request is considered a minor amendment under federal
regulations, authorization from the Department of Housing and Urban
Development is required.
Recommend approval of the request from Auburn Trace Joint Venture to
modify the UDAG grant agreement by amending the repayment schedule to
allow payments to commence in 1995 and to allow the payment of three
equal installments on the Purchase Money mortgage payment contingent
upon approval from the Department of Housing and Urban Development.
.
.
MEMORANDUM
TO: DAVID HARDEN, CITY MANGER
FROM: LULA.BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~~
RE: AUBURN TRACE JOINT VENTURE, INC (ATJV) REQUEST TO REVISE
UDAG REPAYMENT AND BALLON DATE OF PURCHASE MONEY MORTGAGE
PURSUANT TO TERMS UNDER THE APPROVED GRANT AGREEMENT
- -
DATE: AUGUST 7, 1991
ITEM BEFORE THE CITY COMMISSION:
- --
City Commission consideration of the request from the Auburn
Trace Joint Venture Group to amend the approved Grant Agreement
to revise terms specified for repayment of the $3.8 million
dollar UDAG loan to the City and the Purchase Money Mortgage
agreement.
BACKGROUND:
The City approved and executed a Grant Agreement on June 22,
1989, entering into partnership with the Auburn Trace Joint
Venture, to construct 256 affordable rental units on City-owned
land pursuant to terms mutually agreed upon between the City,
ATJV and the Department of Housing and Urban Development (HUD).
The agreement required that the City loan to the developer the
$3.8 million dollar UDAG grant with specific terms that provided
that during years one through five, principal payments shall be
deferred and interest accrued and compounded at 3%. The interest
amount is payable in a single payment at the end of the term.
Beginning with the fifth year, repayment of the principal and
interest shall be made in equal monthly installments in
accordance with a 25 year amortization schedule during the term
of the Permanent UDAG loan, and a balloon payment sufficient to
payoff the entire outstanding indebtedness of principal, plus
accrued and unpaid interest be made at maturity of the Permanent
UDAG loan, (year 2005).
The developer is respectfully requesting to amend the repayment
schedule by proposing to begin repayment with the fourth year
1995 as opposed to 1996, with a revised payment amount during the
first three years of repayment. They are also proposing to pay
the Purchase Money mortgage on the land note in three equal
payments during years 2003 through 2005 as opposed to one balloon
payment of $530,000 in year 2004.
-
Page 2
David Harden
ATJV Request to Amend Grant Agreement
The request has been reviewed by the Finance Director, Joe
Safford, for its impact on the City. He has determined that the
requested amendment has minimum impact and could actually be a
advantage to the City. The request is considered as a minor
amendment under the federal regulations, although it requires a
written authorization from HUD, we expect the same may be
accomplished over a three to four week time period.
RECOMMENDATION:
The Community Improvement Director and the Director of Financ~
would recommend City Commission approval of the request from
Auburn Trace Joint Venture. We would also recommend that staff
be directed to propose a formal Amendment to the Grant Agreement
to the Department of Housing & Urban Development, pursuant to
federal regulations governing such actions. The documented
repayment request schedule is attached for your reference.
LB:DQ
Attachments
B:ATJV.AM/LB-R2
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-
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- Florida
Affordable
Housing, Inc.
July 22, 1991
Mr. Jeff Kurtz Ms. Lula Butler
City Attorney Dir. of Community Development
310 S. E. 1st Street City of Delray Beach
Suite 4 100 N.W. 1st Avenue
Delray Beach, Florida 33444 Delray Beach, Florida 33444
Dear Jeff and Lula:
We have been struggling to obtain permanent financing for Auburn Trace in the amount
of $5,600,000 - the amount of our first mortgage short term loan from Southeast Bank,
N.A. Unfortunately, by the time we got our net operating income to the point needed
to justify a permanent loan of $5,600,000, the long term interest rate rose from 10% to
10-1/2%. In that connection, I enclose the following:
1. A 10 year proforma prepared by the best prospect for this loan, Patrician
Financial Company/Fannie Mae, whereby they indicate that the greatest amount
they could lend to us based upon the present structure of the UDAG portion of
your loan, would be $4,809,000; and
2. A 10 year spreadsheet I prepared showing a revised payment schedule for the
UDAG portion of the loan, whereby we could borrow $5,230,000.
The problem with the present structure of the UDAG loan is that lenders want to see in
every year at ieast a 1.15 debt service coverage, meaning the projected net operating
income will be at least 1.15 times the amount of all scheduled debt service. When the
$218,517 annual payment on the UDAG portion commences 4-1/2 years from now, we
would have a smaller spread than we will have this year. On the 10 year proforma for
the $4,809,000 loan, you will note that debt service coverage for all mortgages in the
first year is 1.24, and the loan amount is limited by the debt service coverage in Year 5
which is the minimum, 1.15. The "Revised UDAG Payment Schedule" enables us to
borrow S5,230,OOO, in which case some other lender will have to make a second
mortgage loan for $370,000.
,
-
The revised UDAG Payment Schedule is also more beneficial for the City because we
commence payment on the UDAG loan 3-112 years from now instead of 4-1/2 years
from now - the City receives the same dollar amount over the next 6 years, but it
receives the monies earlier.
I assume that this revision would be acceptable to you, and also to HUD if their
approval is needed, and I think our problem is time. Lenders today are looking for
reasons not to make loans, and I am afraid if we don't have an answer for this lender in
4 or 5 weeks, they might rescind their offer. We have been working with them on this
loan for a year. Lenders are not standing in line to make this loan.
Please call Jay FeIner or me after reviewing the enclosed schedules and conferring
between yourselves and whomever else on City staff should be involved.
Thank you for your consideration.
Kindest personal regards,
/~
Thomas G. Hinners
Executive Director
TGH:gb
cc: Jay FeIner
Roger Boos
Frank McAlonan
Glenn Haggerty
Charlotte Durante
Jeff FeIner
Brian Haggerty
Loretta McGhee
Jim Harper
JUL 2 4 : 1
..':
.
.
-
-
','''T'' -
'., U+
'. * 'Florida
. ~ Affordable
'1;;
, Housing. Inc.
July 29, 1991
Mr. Jeffrey Kurtz Ms. Lula Butler
City Attorney's Office Director of Community Development
310 S.E. 1st Street City of Delray Beach
Suite 4 100 N.W. 1st Avenue
Delray Beach, Florida 33444 Delray Beach, Florida 33444
Dear Jeff and Lula:
Another wrinkle which has come up with respect to our permanent loan commitment
from Patrician Financial Company/Fannie Mae is that they will not extend their term
beyond when there is a balloon payment requirement for a subordinate mortgage. The
City land loan calls for a balloon payment of $530,000 on June 30th, 2004. Our
requirement with our Limited Partner Investors, Boston Capital requires us to provide a
permanent loan with a term expiring no sooner than December 31st, 2005.
We, therefore, respectfully request a 1-1/2 year extension of the $530,000 balloon on
the City's land purchase money mortgage, so that it comes due at the same time as the
UDAG mortgage.
It is my understanding that Jeff will be calling me as soon as possible to discuss the
loan revisions we have requested. Thank you for your consideration.
Kindest personal regards,
~
Thomas G. Hinners
Executive Director
TGH:gb
cc: Mr. J. FeIner Mr. R. Boos
Mr. F. McAlonan Mr. G. Haggerty
Ms. C. Durante Ms. L. McGhee JUL 3 1 ~\
Mr. J. FeIner Mr. B. Haggerty
~ := I ~ ,--. ~'. .. (. -:- , . I ~::' ~=. -. : ~ ~: '. 2 ~ .J. :.. :-, :-:" oJ ~~ ,; _ :: ~ . - - - ~
1.11
. .
,
.
-
-
-
-
Florida
Afford~lhlc
Housing. 111<:-
August 2, 1991
Ms. Becky O'Connor
Treasurer
Finance Department
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Becky:
Enclosed are the following:
1. A revised Source of Funds Statement;
2. A 15 year spreadsheet setting forth the present UDAG and land loan payment
schedule; and
3. A 15 year spreadsheet setting forth the new UDAG and land loan payment
schedule we have requested.
The Source of Funds reflects the $370,000 of additional funding needed from Auburn
Trace Joint Venture to payoff the existing $5,600,000 construction loan. I also
computed the compounded interest on the UDAG deferred interest and, as I've
indicated, it comes to $245,956. At the end of 15 years the balance due on the loans
will be as follows:
First Mortgage $4,856,320
UDAG Mortgage 2,636,867
UDAG Accrued Interest 821,956
Land Mortgage 530.000
TOTAL ~8.845.14~
If we would refinance that amount fifteen years from now with a 10% loan, 25 year
amortization we would need a net operating income of $1,058,678. As you can see
from the spreadsheet for the new payment schedule, the net operating income after
. .
,
-
fifteen years should be in the vicinity of $1,500,000, so we have a considerable
cushion.
Please call me after you have had a chance to review the enclosed schedules.
Kindest regards,
..~
L ~
Thomas G. Hinners
Executive Director
TGH:gb
HI
.
,
AUBURN TRACE
SOURCE OF FUNDS
-
I. First Mor12a2e:
Patrician ATJV
Amount $5.230.000 $370.000
Interest Rate 10.5% $10.5%
Amortization 30 years 30 years
Term 15 years 15 years
Annual Debt Service $574.090 $40.614
Payments on the Auburn Trace Joint Venture (ATJV) portion of this loan shall only be made to the extent that
they do not" bring the debt service ratio ofall mortgages to Net Operating Income below 1.15. with upaid amounts
plus compounded interest thereon accumulating until there is sufficient cash flow to make such payments. Of
necessity. the payments will be made annually after the annual audit has determined the amount available for such
payment.
II. UDAG Mort2a2e:
Amount $ 3.840.000
Interest Rate 3.0%
Amortization. Term & Debt Service - No payments for first 5 years. with deferred interest of $576.000 plus
compounded interest thereon of $245.956 paid after 15th year; 2S year amortization of $218.517 per year and
balloon payment of $2.636.867 after 15th year.
III. Delrav Beach 20% Match
Amount $ 768.000
Interest Rate 0%
Amortization & Term 15 years
Annual Debt Service $ 51.200
IV. Purchase Money Morttue
Amount $ 720,000
Interest Rate 0%
Amortization & Term - $65.000 at closing; 5 annual payments of $25,000 payable on first five anniversary dates
of closing. and a balloon payment of $530,000 in the 15th year.
V. City Grant
$200.000 towards cost of site improvements
VI. Total Financin2:
First Mortgage $ 5.600.000
UDAG Loan 3.840.000
20 % Match 768.000
Purchase Money Mortgage (Less $65.(00) 655.000
Delray Grant 200.000
Equity 4.611.040
TOT AL COST $15.674.040
at-sourc
MEfJIORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY HANAGER!()i. i
SUBJ3CT: AGENDA ITEM # ({q - MEETING OF AUGUS'r 13, 1991
CHANGE ORDER NO. l/DEES CONTRACTING, INC.
DATE: August 7, 1991
This Change Order represents a decrease of the contract price by
$6,461 for the rehabilitation of the 1/2 Million Gallon Water Storage
Tank by implementing recommendations made by the project Engineer. In
April 1991 new O.S.H.A. regulations went into affect which governs
tank cleaning, surface preparation, repairs, coating, etc. As a
result, improvements to the tank will cost less than originally
estimated.
Recommend approval of Change Order No. 1 to the contract with Dees
Contracting, Inc. decreasing the original contract price by $6,461 by
implementing recommendations made by the project Engineer.
~
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.
PBSJ POST, e M~i 'IE lRJ "'iC
BUCKLEY, ~:_A,"."" ",c,
SCHUH &. \ RC h rr~:..:u R.[
IERNfGAN. INC.
August 8, 1991
Mr. Mark Gabriel, P.E.
Assistant Director of Environmental
Services/City Engineer
City of Delray Beach
434 South Swinton Avenue
Delray Beach. Florida 33444
RE: Elevated 'Vater Storage Tank Rehabilitation
City of Delray Beach, Florida Project No. 91-23
PBS&J Project :"Jo. 10.176.04
Dear Mr. Gabriel:
As a. follow up to the conversations I have had this week with Mr. Howard Wight
concerning the above subject project, please be advised that it is our rerorrunendation
that the contracts for this project with Dees Contracting, Inc. be executed subject to
the following conditions:
A All tank cleaning, surface preparatio~ repairs, coating, etc. will be
conducted in accordance with OSHA regulations and guidelines.
B. The exterior coating system will be at a minimum:
la. Water-blasting NACE STD.RP-Ol-72 (entire tank).
lb. Commercial Blast cleaning per SSPC-SP-6 (all areas of
visual rusting and rust scale).
2a. First Coat: Spot prime all areas receiving commercial
blast with:
Surface Tolerant Epoxy Primer
B62HW6/BS8VW2
Sherwin Williams Product or Equal
4.5 - 6.0 mils D.F.T.
2b. Second Coat: Kern Kromik Universal Metal Primer
(Entire Tank)
B50WZ1Off-White
Sherwin Williams Product or Equal
1.2-2.0 mils D.F.T.
5)00 W CYl'RtS5 S11tE.ET, SUITE 300, TAMPA, F:'ORlOA 33607
TEL; (813\ 877-1275 . FAX (813) 8n.<1I79
I I '_' _' - - - - - -
tv
. ,....
_I
2c. Third Coat: Hi-Solids Polyurcthane (Entire Tank)
B65W301/B60V30
Sherwin Williams Product or Equal
2.0 . 4.0 mils D.F.T.
This coating system is contingent on the coati.ng system materia:s
manufacturer certifying that the system is appropriate for the, intended
application.
C. In consideration for the change in tbe exterior coating system, the City
of Delray Beach will receive a crcdit (Change Order #1) for $ 6,461.00
in accordance with Mr. Dees' letter of August 8, 1991.
If you have any questions or need additional information, please give me a call.
Very truly ~ .. '.,
~.~ /<~
' ./ /2;:'" .:;:
-- /' .,/
C. Edwin Copeland; Jr., P:E.
Senior Project Manager
Attachments
CEe
10.276.40
.
ENV:DELRAY
-.
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CHANG E ORDER
No. 1
Dated AlI~lIst 9. , 199 L
I
Project No. 90-01 Bid 1191-23
Project Name: Elevated Water Storage Tank Funding Source- 441-5161-536-60.31
~
Owner: City of Delray Beach, Florida
Contractor: DEES Constracting, Inc.
Contract Date:
J
To: DEES Contracting, Inc. , Contractor
You are directed to make the following changes in the subject contract:
Miscellaneous changes to scope of work on Elevated Tank due to existing Red Lead Primer
and new OSHA reeulations. Changes are made per Post. Buckley, Schuh and Jernigan, Inc.
(Consultant) recommendations. Changes are per attached, Schedule "A".
,
which changes are more specifically described in the attached amended plans, drawings, and
specifica tions.
The reason for, the change is as follows: Existing Red Lead Primer and new O.S.H.A regulations per
Engineers recommendation. OSHA Regulations went into effect April of 1991.
The contract price and contract time shall be adjusted beeause of such changes as follows:
A~ Contract Price
1. Contract price prior to this change order: '$259 ,111. 00
Page One of Two Pages
, ,~
~ ,.....
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CHANGE ORDER f 1
.. ......_,~~........-_........ ~. .-....
... .-.....-.-.. - _. -..
. d-ecr-ease
2. Net ~resu1ting from this change order: $6 ,461. 00
3. Current contract price Including this change order: $251,650.00
B. . Contract Time .
.'
1. Contract time prior to this change order: 150 Calendar Days
I
~;
2. Net Incrense resulting from. thIs change order: o Calendar Davs
~. Current contract time including this change order: 150 Calend~r Days
.
..
. City of Delray Beach, Florida, OWNER
, ,
By:
. .
Attest: THOMAS E. LYNCH
Mayor
Ci ty Clerk
City of Delray Beach
-
Approved as to form:
City Attorney
-
The above chMges are accepted on , 1991..-- I understand that all the
provisions of the Contract Document related to Project No. 90-01 . Bid 1191-23 which are not
inconsistent with. the terms of .:this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
.
Witness:
, . .
. DEES Contractin2. ln~ ' CONTRACTOR
By:
As to Contractor Title
. .
. .
I
':'
.
Page Two of Two Pages
.
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. Schedule "A"
August 8, 1991
I. TANK EXTERIOR
A.
Water blast entire tank with high volume $.50 psf
pressure washer
SSPC-6 water blast with sand injection $.84 psf
rust areas only
PAINT SYSTEM -
Surface tolerance epoxy primer (Sherwin $.36 psf
Williams B62HW6/B58VW2)
Kem Klonike, Universal Metal Primer (Sherwin $.25 psf
Williams B50WZ2) 1 1/2 - 2 mils D.F.T.
High Build Asphaltic Polyurethane Top Coat $.29 psf
(Sherwin Williams B60V2, B65 Series) 2.0 -
4.0 mils D.F.T.
Total units psf $2.24psf
Subtotal A $2.24 psf x 20,000 sf = $44,800
B. Add structural repairs included $37,300
in bid
Net total item I $82,100
II. TANK INTERIOR
Same as original quote $59,800
III. ADDITIONAL REPAIRS
Same as original quote $50,000
IV. SHROUDING
Original quote $25,000
Less: reduction for partial (12,500)
shrouding
Net Total Item IV $12,500
V. REMOVAL AND DISPOSAL EXTERIOR
original quote $24,000
Less: reduction for spot (12,000)
blasting only
$12,000
.
Schedule "A"
Page 2
VI. ~EMOVAL AND DISPOSAL INTERIOR
Same as original quote $13,000
VII; ADDITIONAL NECESSARY FOR
HAZARDOUS REMOVAL*
Based on spot blasting
Provide air monitoring, employee medical
records, personnel protection, public
protection and all other items necessary
to comply with EPA and OSHA regulations $23,250
Total Adjusted Contract $251,650
No extension of time will be necessary.
The above referenced change will result in a total contract
cost of $251,650. This represents a net savings of
$6,461.00.
--.^--<
, .
MEMORANDUM ~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER b7i)
SUBJECT: j\GENDA ITEM # ~!!- - MEETING OF AUGUST 13/ 1991
RESOLUTION NO. 62-91
DATE: August 7 / 1991
This is a Resolution vacating and abandoning 10 feet of right-of-way
on N.W. 18th Avenue located on the east side of Congress Avenue
between Lake Ida Road and Atlantic Avenue. The abandonment of
right-of-way is required as a condition of approval of the site plan
for the proposed Congress Industrial Service Center.
Upon staff review of the site plant it was noted that a 60 foot
right-of-way existed along N.W. 18th Avenue. As the regulations,
(pre-Land Development Regulations) required only 50 feet of
right-of-way, the petitioner was advised to submit a petition for
abandonment of the 10 feet. The right-of-way had previously been
deeded to Palm Beach County, therefore, this abandonment could not be
processed until the right-of-way was under the City's jurisdiction.
The documentation is properly prepared and has been reviewed by the
City utilities and outside Utility companies and no objection was
received. The Planning and Zoning Board at their April 12th meeting
recommend approval of the abandonment.
Recommend approval of Resolution No. 62-91 abandoning 10 feet of
right-of-way on N.W. 18th Avenue located on the Bast side of Congress
Avenue between Lake Ida Road and Atlantic Avenue.
'"
, .
i
RESOLUTION NO. 62-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING 10 FEET
RIGHT-OF-WAY LYING WITHIN SECTION 18, TOWNSHIP 46
SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA; SAID PROPERTY BEING LOCATED BETWEEN LAKE IDA
ROAD AND ATLANTIC AVENUE ON THE EAST SIDE OF CONGRESS
AVENUE, DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach is the fee-simple owner of
the 10 feet of right-of-way lying within Section 18, Township 46 South,
Range 43 East; and,
WHEREAS, STS Land Associates, L.P. , applicant, has made ap-
plication for abandonment of the 10 feet of right-of-way lying within
Section 18, Township 46 South, Range 43 East; and,
WHEREAS, the City Commission of the City of De1ray Beach,
Florida, finds that its interest in the described property is no longer
needed for the public good and deems it to be in the best interests of
the City of Delray Beach to vacate and abandon said portion of
right-of-way,
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 parcel of land in the Northeast Quarter (NE 1/4) of
Section 18, Township 46 South, Range 43 East, Palm
Beach County, Florida, being more particularly
described as follows:
The West 10.00 feet of the following described parcel:
Commencing at a point in the south line of the North
Half (N 1/2) of the Southeast Quarter (SE 1/4) of the
Northeast Quarter (NE 1/4) of said Section 18; said
line being hereinafter referred to as Line "A", where
said line intersects the westerly right-of-way line of
the Seaboard Airline Railroad; thence, northerly along
said right-of-way line, a distance of 723 feet, when
measured at right angles to said Line "A"i thence
westerly parallel to said Line "A", a distance of 300
feet to the Point of Beginning and the southeast
corner of the parcel of land herein described.
Thence northerly parallel to said westerly
right-of-way line, a distance of 171.00 feet; thence,
westerly, a distance of 35.01 feet; thence, southerly
parallel to said westerly right-of-way line, a
distance of 171.24 feet; thence easterly, parallel to
said Line "A", a distance of 35.00 feet to the Point
of Beginning.
Said parcel being the same west 10.00 feet of that
certain 35.00 foot road right-way for Northwest 18th
Avenue as recorded in Official Records Book 6815, Page
1657, Public Records of Palm Beach County, Florida.
The above-described parcel contains an 0.0393 acre
parcel of land.
j;H
.
II
i
I The subject property is located between Lake Ida Road
and Atlantic Avenue on the east side of Congress
Avenue, Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 13th day of
August, 1991.
MAYOR
ATTEST:
City Clerk
-2- Res. No. 62-91
;.,
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Abandonment
Congress lr:dustrial Service
1" = 300' Scale
8
PLAT
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
E. DEARDEN, PLANNER II
AND ZONING DEPT.
~ -u'~ffu\
ID J. KOVACS, DIRE OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 13, 1991 **CONSENT AGENDA**
ABANDONMENT OF A PORTION OF THE RIGHT OF WAY OF N.W.
18TH AVE., IN ASSOCIATION WITH THE CONGRESS INDUSTRIAL
SERVICE CENTER PROJECT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of portion of the right of way
of N.W. 18th Avenue adjacent to the proposed Congress
Industrial Service Center, located between Congress Ave. and
N.W. 18th Avenue, and north of N.W. 1st Street.
BACKGROUND:
The abandonment of the right of way is required as a condition of
approval of the site plan for the proposed Congress Industrial
Service Center. Upon review by staff of the site plan, there was
noted a 60 foot right of way for N.W. 18th Ave. adjacent to this
project. As the current regulations, (Pre L.D.R. IS) required
only 50 feet for right of way, staff instructed the projects'
agent to file a petition of abandonment for 10 feet.
The right of way was formally deeded to Palm Beach County. As of
April 2, 1991 the right of way was deeded to the City of Delray
Beach per Resolution R-91-403. This abandonment could not be
processed until the right of way was under the City's
jurisdiction.
The documentation is properly prepared and has been reviewed by
the City utilities and outside utility companies and no objection
was received.
The abandonment is now ready for City Commission action.
City Commission Documentation
Abandonment of portion of right of way of N.W. 18th Ave.,
Congress Industrial Service Center
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board, on April 12th, 1991, recommended
approval of the abandonment. Attached for your information is a
copy of the Planning and Zoning staff report.
RECOMMENDED ACTION:
By motion, approval of the abandonment of a portion of N.W. 18th
Avenue as noted in the adoption of Resolution -91
Attachments:
* P&Z staff report cover sheet
* Reduction copy of the right of way to be abandoned
* Resolution to be provided by City Clerk
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER "fJv{
SUBJECT: AGENDA ITEM # 1?S - MEETING OF AUGUST 13, 1991
REQUEST FOR FINAL PLAT APPROVAL/CONGRESS INDUSTRIAL
SERVICE CENTER
DATE: AUGUST 9, 1991
We have received a request for final plat approval for Congress
Industrial Service Center. The subject property is located on
the north side of N.W. 1st Street, between Congress Avenue and
the S.A.L. Railroad. Boundary plat action is required as a
condition of the approved site plan for this development. Prior
to consideration of the final plat, a portion of N.W. 18th
Avenue, previously dedicated to Palm Beach County, needs to be
abandoned. That action is elsewhere on your agenda.
The plat is properly prepared, engineering plans filed, and
necessary permits obtained. The Planning and Zoning Board at
their April 15th meeting recommended approval.
Recommend approval of the final plat for Congress Industrial
Service Center.
I.U
. . f"7"'~:' LI:?
-, ./
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
THRU: ~R
DEPARTMENT OF PLANNING AND ZONING
FROM: PAUL DORLING, PLANNER IiJt.
l..
v
SUBJECT: MEETING OF AUGUST 13, 1991
CONGRESS INDUSTRIAL PLAT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a final plat.
BACKGROUND:
This boundary plat is required as a condition of approval of the
Congress Industrial Service building site plan granted by the
City Commission on October 9, 1990 (attached is the Planning and
Zoning Department staff report cover and exhibit).
Prior to consideration of the final plat by the City Commission a
portion (10') of N.W. 18th Avenue previously dedicated to Palm
Beach County was to be abandoned. The abandonment request is
also before the City Commission on this agenda. The plat is
properly prepared, engineering plans filed, and necessary permits
obtained and is now ready for City Commission action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed the final plat at their
meeting of September 24, 1990 and recommended approval subject to
conditions. One of these conditions involved the previously
mentioned abandonment of 10' of N.W. 18th Avenue. The Board
reviewed and recommended approval of the abandonment at their
meeting of April 15, 1991. All other conditions have been met.
RECOMMENDED ACTION:
By motion, approval of the boundary plat for Congress Industrial
Service Center plat.
Attachment:
* P&Z Staff Report Cover Sheet of September 24, 1990
* Boundary Plat Exhibit
cip#39pd
-I ,~
PLANN'ING 8 ZOJ\' ,~G BORRD
- - STAFF REPORT - -
CITY OF OELRAY BEACH
MEETING o::lTE: Seotember 24. 1990
AGeo:t ITEM: II.A.
Ilr~:Site and Develooment Plan, Con2ress Industrial Service Center, ConRress North of
N.W. 1st Street.
2~
-
. @
.
8
..- .
DATA:
Owner...........................Michael Swerdlow Companies, Inc.
Agent.. .........................Richard V. Reikenis
Location........................East side of Congress Avenue
between Atlantic Avenue and Lake
Ida Road.
Property Size...................1.719 Acres
City Land Use Plan..............Commerce
City Zoning.....................MI (Medium Industrial)
Adjacent Zoning.................North, East, South, and West of
the subject property are all
zoned MI.
Existing Land Use...............Vacant
Proposed Land Use...............Light manufacturing, office, and
storage.
Water Service...................Existing 8" water main along NW
18th Avenue. IrE}{: II..
Sewer Service....................No sewer exists to the site. A
main extension will be required.
,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # l?~ - MEETING OF AUGUST 13, 1991
RESOLUTION NO. 59-91
DATE: August 7, 1991
This is a Resolution vacating and abandoning a 16 foot alleyway lying
within Block 7, Rio Del Rey in conjunction with the Ninth Street Plaza
aka Shoney's development. The abandonment of the alleyway is required
as a condition of the final plat and site plan approval for this
project. With the development of the site, the alley area will be
used for parking. The existing utilities within the alley are to
remain and replacement easements will be dedicated during replat of
the property.
The petition for abandonment has been accepted and has been reviewed
and approved by all City utilities and outside utility agencies. The
Planning and Zoning Board at their June 17th meeting recommended
approval of the abandonment subject to the condition that the
abandonment resolution be recorded simultaneously with the plat. The
request for final plat approval is also on your agenda for action, and
thus, this requirement will be satisfied should the Commission approve
that action.
Recommend approval of Resolution No. 59-91 subject to the condition as
recommended by the Planning and Zoning Board.
.
i
i
I RESOLUTION NO. 59-91
1
i
,I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
I
'1 DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 16
FOOT ALLEYWAY LYING WITHIN BLOCK 7, RIO DEL REY, A
I SUBDIVISION AS RECORDED IN PLAT BOOK 12, PAGE 84 OF
'I THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
:1
II WHEREAS, S.E. 9th Street Associates, Ltd. , is the fee-simple
owner of All of Block 7, Rio Del Rey, a Subdivision as recorded in Plat
i Book 12, Page 84 of the Public Records of Palm Beach County, Florida;
and,
WHEREAS, M. Mark Marsh, Agent, has made application for aban-
il donment of a 16 foot alleyway lying within Block 7, Rio Del Rey; and,
WHEREAS, the City Commission of the City of Delray Beach,
II Florida, finds that its interest in the described property is no longer
j needed for the public good and deems it to be in the best interests of
il the City of Delray Beach to vacate and abandon said alleyway,
11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I,
[I Section 1. That pursuant to Chapter 177.101(5) and Chapter 166
'I of the Florida Statutes, it is hereby determined ,to vacate and abandon
i all right and interest it holds to the following real property:
1
I A 16 foot alleyway lying within Block 7, Rio Del Rey,
a Subdivision as recorded in Plat Book 12, Page 84 of
il
II the Public Records of Palm Beach County, Florida.
I The above-described parcel contains 0.165
I a acre
I parcel of land.
i
i
I The subject property is located on the north side of
I
I
S.E. 10th Street, between S.E. 5th Avenue and S.E. 6th
Avenue, Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the 13th day of
August, 1991.
MAY 0 R
ATTEST:
City Clerk
,
'"
. LI(
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I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KATHLEEN E. DEARDEN, PLANNER II
DEPARTMENT OF PLANNING AND ZONING
/ ./-'
~. . '\1:1
l000__~~.) .~' "-':
THROU: DAVID J. KOVACS, DIRECTOR OF PLANNING & ZONING
DEPT.
SUBJECT: MEETING OF AUG. 13, 1991 **CONSENT AGENDA**
ALLEY ABANDONMENT, BLOCK 7, RIO DEL REY, IN
ASSOCIATION WITH NINTH STREET PLAZA PLAT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the abandonment of a 16 foot alley in Block
7, Rio Del Rey.
BACKGROUND:
The abandonment of the 16 foot alley is required as a
condition of the final plat and site plan approval for the
Ninth Street Plaza aka Shoney's project.
With the development of the site, the alley has been
petitioned for abandonment in order to utilitize the alley
area for parking. The existing utilities within the alley
are to remain and replacement easements will be dedicated on
the replat of the property.
The petition for abandonment has been accepted and has been
reviewed and approved by all City utilities and outside
utility agencies.
The petition for the alley abandonment is now ready for City
Commission action.
"
City Commission Documentation
Alley Abandonment, Block 7, Rio Del Rey
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed this petition at its
meeting of June 17, 1991. The Board recommended approval
with conditions. The only outstanding condition is that the
abandonment not be consummated until the plat is ready for
recording.
FINDINGS:
In accordance with Section 2.4.6(0)(5) all findings have
been met.
RECOMMENDED ACTION:
By motion, approval of the abandonment of the 16 foot alley
within Block 7, Rio Del Rey, more particularly described per
Resolution 91- , with the following condition:
The abandonment resolution must be recorded
simultaneously with the plat of Ninth Street Plaza.
Attachment:
*Resolution to be provided by City Clerks office
ked/#10shonalcc
"
CITY COMMISSION
CITY OF DELRAY BEACH' ---STAFF REPORT---
MEETING DATE: August 13, 1991
AGENDA ITEM:
-
ITEM: Abandonment of the 16 foot alley within Block 7, Rio Del Rey Subdivision
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GENERAL DATA:
Owner.......................... .City of Delray Beach, Florida
Agent...........................M. Mark Marsh
Location........................North of S.E. 10th Street and
south of S.E. 9th Street, between
S.E. 5th Avenue (Federal Highway
Southbound) and S.E. 6th Avenue
(Federal Highway Northbound).
Property Size........ ...........0.165
City Land Use Plan..............General Commercial
City Zoning.....................GC (General Commercial) and
AC (Auto Related Commercial)
Existing Land Use...............Public Right-of-Way
Development Proposal............Consolidation of parcels for
automobile dealership and
proposed retail.
Request. . . . . .. . . . . . . . . . . . . . . . . . . Abandonment of 16 I alley
right-of-way, within Block 7 of
the Rio Del Rey subdivision.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJil
SUBJECT: AGENDA ITEM # t6Lt - MEETING OF AUGUST 13, 1991
REQUEST FOR FINAL PLAT APPROVAL/9TH STREET PLAZA (SHONEY'S)
DArrE : August 7 , 1991
We have received a request for final plat approval for the 9th Street
Plaza (Shoney's) located on the north side of S.E. 10th Street between
S.E. 5th and S.E. 6th Avenues. The existing block that is proposed
for replatting is known as a part of Block 7 , Rio Del Rey. The
property is platted with 26 lots and a 16 foot, north/south alley
dividing the block. The north half of the block has two existing
buildings upon it and the alley is unimproved in this area. The south
half of the block is unimproved.
In the proposed site plan the existing buildings on the north half of
the property are maintained, thus creating a boundary lot. The
Shoney's building, a future retail building, and associated parking
are proposed for the south half of the property. The alley, which is
to be abandoned, will be utilized as parking and access, with an
interconnecting drive for the two lots.
All existing and proposed utilities have been accommodated on the
replat. The Planning and Zoning Board at their June 17th meeting
certified the final plat.
Recommend approval of the final plat for the 9th Street Plaza
(Shoney's) located on the north side of S.E. 10th Street between S.E.
5th and S.E. 6th Avenues.
C/<
. t~/c 1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KATHLEEN E. DEARDEN, PLANNER II
DEPARTMENT OF PLANNING AND ZONING
C ^ ,bjJJjL X,tVL
THROUGH: DAVID J. KOVACS, DIRECTOR OF PLANNING & ZONING
DEPT.
SUBJECT: MEETING OF AUGUST 13, 1991 **CONSENT AGENDA**
FINAL PLAT APPROVAL FOR NINTH STREET PLAZA AKA
SHONEY'S
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for Ninth Street Plaza.
BACKGROUND:
The existing block that is proposed for replatting is known
as a part of Block 7, Rio Del Rey Shores. The property is
platted with 26 lots and a 16 foot, north/south alley
dividing the block. The north half of the block is built
with two existing buildings and the alley is improved in
this area. There are existing utilities in the alley which
service the abutting buildings. The south half of the block
is unimproved.
The proposed site plan depicts retaining the existing
buildings in the north half of the property and creating a
boundary lot. The south half of the site is proposed to
create a second lot with the Shoney's building, a future
retail building and associated parking. The alley is to be
abandoned and utilitized as parking and assess, with an
interconnecting drive for the two lots.
All existing and proposed utilities have been accomodated on
the replat.
,
The final plat petition is complete and ready for City
Commission action.
'"
.
City Commission Documentation
Final Plat, Ninth Street Plaza
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has reviewed this final plat
at its meeting of June 17, 1991. The Board certified that
the final plat was in compliance with the approved
preliminary plat with conditions. All conditions have been
meet.
FINDINGS:
The final plat is consistent with the findings associated
with the preliminary plat.
RECOMMENDED ACTION:
By motion, approval of the final plat for Ninth Street
Plaza.
Attachment:
* Copy of Planning & Zoning Staff Report Cover Sheet
ked:#10shoncc
PLANNING & ZQ~ING BOARD rl
. .-..
C-' " )
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: June 17, 1991
AGENDA ITEM: IV.A.
ITEM: Subdivision Plat, Shoney's/Wallace.
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GENERAL DATA:
Owner...........................S.E. 9th Street Associates
Agent. ........ .... ..............Mark Marsh
Location........................Northeast corner of Federal
Highway (southbound) and
S.E. lOth Street.
Property Size...................2.76 Acres
City Land Use Plan..............General Commercial
City Zoning.....................GC (General Commercial) and
AC (Auto Related Commercial)
Adjacent Zoning.................Eo!lst, west and north of the
subject property is zoned GC
(General Commercial). Land to
the south is zoned PC (Planned
Commercial) and CF (Community
facilities) .
Existing Land Use...............Vacant on the south, former auto
use on the north.
Proposed Land Use...............Restaurant and free standing
retail on the south, potential
reuse of the auto facilities on
the north.
Water Service...................A new 8" water main will connect
to the existing 12" main, which
runs along the east side of S.E.
6th Avenue.
Sewer Service...................A 8" sanitary sewer line runs
north/south through the center of IV.A.
the block.
,"
. .
NINTH STREET PLAZA PLAT
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, .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJit-l(
SUBJECT: AGENDA ITEM # 1? _ MEETING OF AUGUST 13 I 1991
RESOLUTION NO. 60-91
DATE: August 7, 1991
This item is a Resolution assessing costs for abatement action
required to board up an unsafe building located on property at
607 S.W. 9th street. The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $445.50 remains unpaid.
Recommend approval of Resolution No. 60-91 assessing costs to
board up an unsafe building located on property at 607 S.W. 9th
street.
.
.
RESOLUTION NO. 60-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDI~G
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECQRDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
haye the. authority to have the building demolished from the date of the
sa~d not~ce; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
W~EREAS, .neither an appeal to the Board of Construction Appeals
~r.corre7t~~e act~?n.was undertaken in accordance with the order of the
.h~ef B~~~d~ng Off~c~al; therefore pursuant to Section 165.41 the Build-
~ng Off~c~al caused the abatement action to be done; and,
WHEREAS, the City Manager of th C'
pursuant to Section 165 42 of th C d ef ~t~ of Delray Beach has,
?elray Beach, submitted' to the C~t 0 e 0, ?rd~nances of the City of
~ncurred in abating said conditio y Comm~ss~on a ,report of the costs
the costs per parcel of land' In ads aforesa~d, sa~d report indicating
~nvo ve ; and,
WHEREAS, the City Commission f th .
pursuant to Chapter 165, of the Code of 00 d' e C~ty ,of Delray Beach,
cost of said condition against sa'd r ~nances des~res to assess the
~ property owner(s).
NOW, THEREFORE BE IT RES
CITY OF DELRAY BEACH, FLORIDA, AS FgL~~S:BY THE CITY COMMISSION OF THE
.
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of ~hich is
attached hereto and made a part hereof, are hereby lev~ed aga~ns~ the
parcells) of land described in said report and in t,he amount(s) 7nd7-
cated thereon. Said assessments so levied shall, ~f not pa~d w~th~n
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land descr~bed
in said report, of the same nature and to ~he s~me extent as the l~en
for general city taxes and shall be collect~ble ~n ,the same manner and
with the same penalties and under the same prov~s~ons as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the prope:r;ty, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by ~he City Clerk within thirty (30) days after the mailing date
of the not~ce of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
C~unty, Florida, ~nd upon t~e date and time of recording of the certi-
f~ed copy of th~s resolut~on a lien shall become effective on the
Subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
ATTEST: MAY 0 R
City Clerk
.
- 2 -
Res. No. 60-91
-
NOTICE OF ASSESSMENT
Date
TO: Sharon A. Cunningham a/k/a Sharon A. Cushnie
ADDRESS: 12 SW 8th Court, Delray Beach, FI 33444
PROPERTY: 607 SW 9th Street, Delray Beach, FI 33444
LEGAL DESCRIPTION: E20' of Lot 106 and W40' of Lot 107, Plat of Delray Mana
Addition to Delray, according to Plat Book 12, Page 59 of the official reco
of Palm Beach County, Florida
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $445.50 by resolutic
of the City Commission of the City of Delray Beach, Florida, dated
, 1989, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 3-19-91
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of tl
action that would be taken to remedy that unsafe condition and that the act
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to
Board of Construction Appeals although you were informed of y<
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required b~
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification or
that you were required to take the corrective actior
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the actiol
required by the order of the Board' of Construction Appeals.
You appealed the decision of the Building Official to the Boa]
of Construction Appeals on . The Board of Construcl
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 7-15-91
at a cost of $~u~ ~n which includes a ten percent (10%) administrativt
fee. If you fail to pay this cost within thirty (30) days, that cost shal
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
. .
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
I ,~
, .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfX/
SUBJECT: AGENDA ITEM # <:gW - MEETING OF AUGUST 13, 1991
RESOLUTION NO. 61-91
DATE: August 7, 1991
This item is a Resolution assessing costs for abatement action
required to remove nuisances on 35 properties located within the City.
The Resolution sets forth the actual costs incurred and provides the
mechanism to attach liens on these properties in the event the
assessments remain unpaid.
Recommend approval of Resolution No. 61-91 assessing costs for abating
nuisances on 35 properties located within the City.
.
.
- --- ~.- ----- ----
_____ __0-_----.--
RESOLUTION NO. 61-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (lO) 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,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner (5) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
there fore required to and did enter upon the land (5) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
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
in abating said nuisance(s) as aforesaid, said report indicating the
i costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
I cost of said nuisance(s) against said property owner(s),
.
.
.
- ------- -~---~ - ------ - ~----- ------.-.-- - ------- ~---
- ------- ------- -- -------- --- ----~
-------------~-:-- -------=. --
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
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 parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid wi thin thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parce'l (s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to 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
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s) , and interest shall accrue at the rate of
eight ( 8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
da te 0 f the notice of assessment, the Ci ty Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAY 0 R
ATTEST:
City Clerk
I
, - 2 -
Res. No. 61-91
.
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
E 200' OF LOT 13, ESQUIRE SUB. U.S. MARSHALL'S SERVICE $ 709.90
PB 23, P 43, PUBLIC RECORDS, C/O KEN DEAL 70.00 (ADM COST)
PALM BEACH COUNTY, FL 301 N. MIAMI AVE, RM 205 (RECORDING)
(1022 SW 9TH AVE.) MIAMI, FL 33128
LOT 1, BLK 1, DUMAR PLAZA CROWN LIFE INSURANCE CO $ 332.75
REPLAT, PB 47,P 48,PB 44, C/O MERSHON ET AL 70.00 (ADM COST)
P 188,PUBLIC RECORDS, PALM 200 S. BISCAYNE BLVD. (RECORDING)
BEACH COUNTY, FL SUITE 4500
(AVE H) MIAMI, FL. 33131
LOTS 1 & 2, PARADISE HGHTS, CHARLENE G. PATRICK $ 50.00
PB 21, P 113, PUBLIC RECORDS, P.O. BOX 97841 70.00 (ADM COST)
PALM BEACH COUNTY, FL RALEIGH, NC 27624 (RECORDING)
(NW 6TH AVE & NW 3RD STREET)
LOT 17, BLK 121, HIGHLAND PARK, RICHARD T. DOTY $ 24.00
DELRAY, PB 2, P 79, PUBLIC 309 NE 7TH AVENUE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33483 (RECORDING)
(309 NE 7TH AVENUE)
LOTS 1 TO 9 INC., BLK 85, RESUB WILLIAM C. WILLIAMS III $ 142.00
OF BLK 85, DELRAY, PB 4, P 14, TR, 3112 VINCENT ROAD 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH WEST PALM BEACH, FL. 33405 (RECORDING)
COUNTY, FL
(29 SE 2ND AVENUE)
LOT 3, ESQUIRE SUB., PB 23, U.S. MARSHALL'S SERVICE, $ 36.00 (ADM COST)
P 43, PUBLIC RECORDS, PALM C/O KEN DEAL 70.00 (RECORDING)
BEACH COUNTY, FL. 301 N. MIAMI AVE, RM 20S
(1012 GERMANTOWN ROAD) MIAMI, FL 33128
$ 36.00
WSO' OF SlS0' OF BLK 18,TOWN LONNIE & PHYLLIS DURHAM $ 80.00
OF DELRAY, PB 1, P 3, PUBLIC S21 NW 2ND STREET 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL. 33444 (RECORDING)
(NW 6TH AVE & NW 2ND STREET)
LOT IS/LESS E21S', ESQUIRE U.S. MARSHALL'S SERVICE $ 559.42
SUB., PB 23, P 43, PUBLIC C/O KEN DEAL 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 301 N. MIAMI AVE, RM 205 (RECORDING)
(1039 GERMANTOWN ROAD) MIAMI, FL. 33128
-3- RES. NO. 61-91
LOT 14/LESS E215', ESQUIRE SUB. U.S. MARSHALL'S SERVICE $ 431. 82
PB 23, P 43, PUBLIC RECORDS, C/O KEN DEAL 70.00 (ADM COST)
PALM BEACH COUNTY, FL 301 N. MIAMI AVE, RM 205 (RECORDING)
(1029-1031 GERMANTOWN ROAD) MIAMI, FL 33128
S60' OF E200' OF LOT 15, U.S. MARSHALL'S SERVICE $ 160.79
ESQUIRE;PB 23, P 43, PUBLIC C/O KEN DEAL 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 301 N. MIAMI AVE., RM 205 (RECORDING)
(1028 SW 9TH AVE) MIAMI, FL 33128
S31.25' OF E 200' OF LOT 14 & U.S.MARSHALL'S SERVICE $ 202.72
N31.25' OF E200' OF LOT 15, C/O KEN DEAL 70.00 (ADM COST)
ESQUIRE, PB 23, P 43, PUBLIC 301 N. MIAMI AVE, RM 205 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL MIAMI, FL 33128
(1026 SW 9TH AVENUE)
N60' OF E200' OF LOT 14, U.S. MARSHALL'S SERVICE $ 460.00
ESQUIRE, PB 23, P 43, PUBLIC C/O KEN DEAL 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 301 N. MIAMI AVE, RM 205 ( RECORDING)
(1024 SW 9TH AVE) MIAMI, FL 33128
S80' OF ElSa' OF LOT 12, U.S. MARSHALL'S SERVICE $ 247.72
ESQUIRE, PB 23, P 43, PUBLIC C/O KEN DEAL 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 301 N. MIAMI AVE, RM 205 (RECORDING)
(1020 SW 9TH AVE) MIAMI, FL 33128
LOT 59, SUNSET PARK, DELRAY, MANUEL MOREDA $ 70.60
PB 12, P 65, PUBLIC RECORDS, MANUEL E. MOREDA 35.00 (ADM COST)
PALM BEACH COUNTY, FL P.O, BOX 1953 (RECORDING)
(MANGO DRIVE) DELRAY BEACH, FL 33447
LOTS 14 TO 16 INC., BLK 1, ESTERVINA MOREDA $ 76.60
SOUTHRIDGE, PB 13,P 38, PUBLIC P.O. BOX 1953 35.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL. 33447 (RECORDING)
(REIGLE AVENUE)
LOTS 17 TO 20 INC., BLK 1, ESTERVINA MOREDA $ 76.60
SOUTHRIDGE, PB 13, P 38, PUBLIC P.O. BOX 1953 35.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33447 (RECORDING)
(REIGLE AVENUE)
THE PT OF ELY77.41' OF NI00' COMMUNITY LAND CORP ET AL $ 64.00
OF S125' OF Wl/4 OF LOT 5 LYG BOX 50001 70.00 (ADM COST)
ELY OF 1-95 R/W, SUB OF SEC LIGHTHOUSE PT, FL 33074 (RECORDING)
17-46-43, PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(SW 15TH AVENUE)
LOT 3, WILLIAMS SUB., PB 24, WILLIE A. JENKINS $ 127.00
P 180, PUBLIC RECORDS, PALM VERONICA HARTSFIELD 70.00 (ADM COST)
BEACH COUNTY, FL 16343 SIMS ROAD (RECORDING)
(232-234 SW 15TH AVENUE) DELRAY BEACH, FL 33484
-4- RES. NO. 61-91
<"
.
LOTS 23 TO 28 INC., BLK 5 TIITF/STATE OF FLORIDA $ 68.20
SOUTHRIDGE PB 13, P 38, PUBLIC FORMER MURPHY ACT LAND 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 3900 COMMONWEALTH BLVD. (RECORDING)
(SW 8TH AVE) TALLAHASSEE, FL 32399
LOTS 18 TO 20 INC., BLK 5, DORA M. TROUT $ 287.20
SOUTHRIDGE PB 13, P 38, PUBLIC C/O M. REESE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL RR4 BOX 238 (RECORDING)
(DOUGLAS AVENUE) PERRY, FL 32347
ALL OF PLAT, CORNICHE, PUBLIC CRAFT DEV. II, INC. $ 59.40
RECORDS, PALM BEACH COUNTY,FL 18559 LONG LAKE DRIVE 70.00 (ADM COST)
(NORTH FEDERAL HIGHWAY) BOCA RATON, FL 33496 (RECORDING)
LOT 19, BLK 10, ATLANTIC EVELYN CLINTON $ 50.00
GARDENS, DELRAY, PB 1, P 3, III NE 16TH AVENUE 70.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL 33435 (RECORDING)
COUNTY, FL
(SW 10TH AVENUE)
LOT 3 2 , BLK A, .TOURIST NOOK, WILBUR COLEMAN $ 65.00
DELRAY, PB 11, P 47, PUBLIC 110 E. ATLANTIC AVENUE 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 (RECORDING)
(NW 9TH AVE & NW 3RD ST)
S150' OF E50' OF BLK18/LESS H. & HAZEL CLEM $ 50.00
E20'RD R/W, TOWN OF DELRAY, 3 SUMMER STREET 70.00 (ADM COST)
PB 1, P 3, PUBLIC RECORDS, NORWALK, CT 06851 (RECORDING)
PALM BEACH COUNTY,FL
(NW 5TH AVE & NW 2ND STREET)
Wl/2 OF LOT 7, BLK 30, TOWN ALBERT MARTIN $ 52.00
OF DELRAY, PB 1, P 3, PUBLIC MARILYN S. BARON 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL P.O. BOX 414002 (RECORDING)
(SW 5TH AVENUE) MIAMI, FL. 33141
LOTS 56 TO 58 INC., SUNSET MANUEL MOREDA $ 70.60
PARK, DELRAY PB 12, P 65, MANUEL E. MOREDA 35.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 1953 (RECORDING)
COUNTY, FL DELRAY BEACH, FL. 33447
(MANGO DRIVE)
LOT 12, BLK 96, LINN'S ADD TO THOMAS S. MCDERMAT $ 30.00
OSCEOLA PARK, DELRAY, PB 1, 347 SE 3RD AVENUE 70.00 (ADM COST)
P 133, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33483 (RECORDING)
BEACH COUNTY, FL
(347 SE 3RD AVENUE)
/ -5- RES. NO. 61-91
,"
. .
LOT 49, DELRAY MANOR ADDITION AMERICAS MORTGAGE SERVI- $ 43.00
TO DELRAY PB 12,P 59, PUBLIC CING INC. C/O JOSEPH M. 70.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL PANIELLO, P.O. BOX 2347 (RECORDING)
(729 SW 9TH COURT) TAMPA, FL. 33601
LOT 4, BLK 23, TOWN OF DELRAY, MELVIN A. SMITH & OR THE $ 64.00
PB 10, P 69, PUBLIC RECORDS, ESTATE, HEIRS, DEVISEES, 70.00 (ADM COST)
PALM BEACH COUNTY, FL LEGATEES OF MELVIN A SMITH (RECORDING)
(SW 5TH AVENUE) 215 SW 5TH AVENUE
DELRAY BEACH, FL 33444
LOTS 3 & 4, BLK 8, DELL PARK, RICHARD A. COURT $ 82.00
PB 8, P 56, PUBLIC RECORDS, 1012 NE 3RD AVENUE 70.00 (ADM COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(1012 NE 3RD AVENUE)
LOT 10, BLK 2, KENMONT, PB 20, WILLIAM H. CARTWRIGHT '$ 88.00
P 65, PUBLIC RECORDS, PALM C/O COPELAND & KRAMER 70.00 (ADM COST)
BEACH COUNTY, FL BOX 2421 (RECORDING)
( 71 0 BOND WAY) STUART, FL 34995
LOT 16, BLK 35, TOWN OF DELRAY, GRACE BARNETT $ 34.00
PB 1, P 3, PUBLIC RECORDS, 1401 39TH STREET 70.00 (ADM COST)
PALM BEACH COUNTY, FL WEST PALM BEACH,FL 33407 (RECORDING)
(NW 3RD AVENUE & NW 1ST ST)
LOTS 19 & 20, BLK 5, SUB. OF RAY & DIANE MANGICAPRA $ 52.00
BLK 5, DELRAY BEACH, PB 23, 5300 W. ATLANTIC AVENUE 70.00 (ADM COST)
P 72, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33484 (RECORDING)
BEACH COUNTY, FL
(43 & 47 SW 8TH AVENUE)
LOTS 8 & 9/LESS RD R/W, BLK 2, DOLORES A. LIBBY TR. $ 220.00
SOPHIA FREY ADDITION, PB 4, C/O ARNOLD F. KURZINGER 70.00 (ADM COST)
P 37, PUBLIC RECORDS, PALM 4426 GREENEAGLES DRIVE (RECORDING)
BEACH COUNTY, FL BOYNTON BEACH, FL 33436
(911 N. FEDERAL HIGHWAY)
LOT 2, BLK 85, TOWN OF DELRAY, WM. C. WILLIAMS, III TR. $ 64.00
PB 1, P 3, PUBLIC RECORDS, 3112 VINCENT ROAD 70.00 (ADM COST)
PALM BEACH COUNTY, FL WEST PALM BEACH, FL 33405 (RECORDING)
(210 EAST ATLANTIC AVENUE)
VIOLATION IS: SEC. 100.1 LAND TO BE KEPT FREE OF DEBRIS, BEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- RES. NO. 61-91
'1 ,~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER !~1
SUBJECT: AGENDA ITEM # ~ 'X - MEETING OF AUGUST 13, 1991
AWARD OF BIDS AND CONTRACTS
DATE: August 7 , 1991
This item is before you to approve the award of the following bids and
contracts:
1. Rehabilitation, Refurbishment and Overhaul 1978 1000 GPM
Pumper- Fire Department- Southern Coach, Inc. , in the amount of
$19,140 with funding from Repair and Upkeep Automotive (Account
No. 001-2315-526-33.35) . Account balance $29,267.
2. Janitorial Services - City Hall, City Attorney's Office,
Environmental Services Complex and Central Fire Station - Various
vendors, in the amount indicated below, with funding from various
departmental Janitorial Services (Account No.
XXX-XXXX-XXX-33.17) :
-City Hall - National Cleaning of Florida - $28,632.
-City Attorney1s Office - National Cleaning of Florida -
$4,260.
-Environmental Services Complex - National Cleaning of
Florida - $8,716.
-Fire Station - Jani-King - $5,546.
3. Water Main Extension/Pine Ridge Road - Church of the Palms -
Environmental Services - Metra Industries in the amount of
$98,823 with funding from 1991 Revenue Bond Construction/Water
Distribution Improvements (Account No. 447-5174-536-61.78).
Account balance $284,468.
4 . Fleet Management Application Software- Fleet Management -
HTE, Inc. in the amount of $35,000 (plus travel and training
costs - $5,250) with funding from City Garage Capital Outlay
(Account No. 501-3311-591-60.89) . Account balance $44,211.64.
5. Diesel and Unleaded Gasoline - Annual Contract - Various
vendors, in the amount indicated below, with funding from various
departmental Gas, Oil, and Lubricant account:
-Unleaded gasoline (transport) - Coastal Fuels Marketing,
Inc. - $148,000.
-Unleaded gasoline (tankwagon) - B.P. Oil Company - $16,000.
-Diesel Fuel - B.P. Oil Company - $6,000.
6. Hardscape, Sculpture and Landscape/Pineapple Grove -
Community Improvement- ARZ Builders, Inc. in the amount of
$94,153 with funding from Beautification Trust/Federal Highway -
Linton to North End (Account No. 333-4141-572-61.27) . Account
balance $140,410.
1.11
AGENDA REPORT
Meeting of 8/13/91
7. Accounts Receivable Application Software- Finance Department
- HTE, Inc. in the amount of $10,000, plus travel and training
costs not to exceed $2,020 with funding from Finance/Application
Software (Account No. 001-1811-513-60.86/Account balance
$14,443), Finance/Travel Expenses (Account No.
001-1811-513-34.57/Account balance $1,000) and, Finance/Computer
Training (Account No. 001-1511-513-33.57/Account balance $2,122.
8. Bulkhead Replacement/Seawall and Marginal Docks - Veteran's
Park - B.K. Marine Construction in the amount of $220,630 with
funding from Decade of Excellence Bond Issue/Redevlopment
Veteran's Park (Account No. 225-4126-572-61.63/Account balance
$448,104) and General Construction Fund (334-4126-572-61.63/
Account balance $100,000). FIND Grant to reimburse 50% of project
cost.
9. 4th Avenue Sidewalk Construction - Environmental Services -
~ive Star Construction Company in the amount of $94,396 with
funding from Decade of Excellence Bond Issue/Sidewalks S.W. 4th
Avenue/Atlantic - Lin'ton (Account No. 225-3162-541-61.44).
Account balance $103,369.
10. Computer Equipment - Env ironrnental Services - Microage in
the amount of $13,319.25 for hardware and T.W. Communications
in the amount of $492.40 for cables with funding from Computer
Software/Hardware (Account No. 442-5178-536-64.09. Account
balance $57,790.46.
Recommend award of the above bids and contracts with funding as
indicated.
- 2 -
. .-.--- ~ '. -----..
Agenda Item, No.:
AGENDA REQUEST
Date: 7/26/91
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: August 13, 1991
Descri~tion of item (who, what, where, how much): Award of bid for
the re abilitation, refurbishment and overhaul of a 1978 1000 G
~umper to Sout ern Coach. Inc. of Ocala. Florida in the'amollnt. of
19,140.00.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of the bid from Sout~ern Coach
Funding available in_#001-2315-52~~~j~ '
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature: V~1 ~k.. ,
City Attorney Review/ Recommendation (if applicable):
Budget Di~tor. ~eview (required on all items involving expenditure
of funds): ;-+ftL<-O-u
Fund ng available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Descr,iption: f. 'i& / ~....; tljJJ~ t2h7P .
Account Balance: #~1JJ/''1. 7 ~ I
City Manager Review:
Approved for agenda: {9/ NO !;V/
Hold Until:
Agenda Coordinator Review: ~
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/ ~
Administrative Services
FROM: Ted Glas, Purchasing /j//
DATE: July 29, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 13, 1991 - BID AWARD - BID #91-63
REFURBISHMENT OF 1978 PUMPER
Item Before City Commission:
The City Commission is requested to award contract to low bidder,
Southern Coach, Inc. at a cost of $19,150. Per the Budget Office,
funding is from:
( ) .
Background:
Funds were allocated in the 90-91 Fire Department Operating Budget
for the rehabilitation of this fire truck. A total of $
was budgeted for this work.
Bids were received on July 15, 1991 from two (2) vendors, all in
accordance with City purchasing procedures. (Bid 1191-63.
Documentation on file in the Purchasing Office. ) A tabulation of
bids is attached for your review.
The Fire Chief has reviewed the bid, and recommends award to the low
bidder, Southern Coach, Inc. per attached memo.
Recommendation:
Staff recommends award to low bidder, Southern Coach, Inc. at a
total cost of $19,150. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Fire Chief
pc Chief Koen
'I-II
-
[ITY DF DElHAY BEA[H
FIRE DEPARTMENT
M E M 0 RAN DUM
TO: TED GLAS, PURCHASING OFFICER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: JULY 26, 1991
SUBJECT: AWARD OF BID - REFURBISHMENT OF 1978 PUMPER
We have reviewed the bids submitted for the refurbishment of
a 1978, 1000 G.P.M. pumper and recommend that the award be made
to Southern Coach, Inc. of Ocala, Florida in the amount of
$19,150.00. This amount includes the base bid and options 1, 3 ,
4, 5 , 6 and 7. The Southern Coach Inc. bid is the low bid and it
meets our specifications.
We recommend that this item be scheduled for City Commission
action at the regular meeting on August 13, 1991. This project
is funded by the current Fire Department Operating Budget with
funds in line item number 001-2315-526-33-35.
'/~~,1L.- ..
Kerry B. Koen
Fire Chief
KBK/mmh
Attachment: 2
cc: David T. Harden, City Manager
F !h[ D[pf\in!Mld j-1['M)OU/\HTrHS. 101 VJESl /\TLAN:iC /\'/ENUE. DELRAY BEACH, FLORIDA 33444
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Agenda I tern No.:
AGENDA REQUEST
Date: July 30, 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: Au~ust 13. 1991
Description of agenda item (who I what I where I how much): Bid Award -
Janitorial Services - Annual Contract - for City Hall, City Attorney's Office,
Environmental Services Complex. Central Fire Station
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Multiple awards as outlined on recommendation memo
~ /
~ }f-~ fJt
~ /
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director R~view (required on all iteas involving expenditure
of fundS)t.,' ,j;~
Fun 'ng available: YES/ NO
Fun ng alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~/ NO tl~
Hold Until: r I
Agenda Coordinator Review, ~
Received: ~ ~ ~I ,
Action: Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/ ~
Administrative Services
FROM: Ted Glas, Purchasing Officer ~~
DATE: July 30, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 13, 1991 - BID AWARD - BID #91-57
JANITORIAL SERVICES - ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to make multiple awards for
janitorial services at four locations as listed below, at a combined
~ost o~ $47,154. Per the Btdget ?ffice, funding is from:/l~~~
1M' f.L/}f..uf jW,W. ( t 9';;""_dv'lI/Il, ).
Background:
Funds were allocated in the FY 90-91 Budget for this service.
Areas of Service:
City Hall
City Attorney's Office
Environmental Services Complex
Central Fire Station
All other buildings are cleaned by City employees.
Bids for this contract were received on June 19, 1991 from fourteen
(14) contractors, all in accordance with City purchasing procedures.
(Bid #91-57. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
Per attached memo from Bid Specialist, only four firms were
responsive to City Specifications.
Low Responsive Bidders are, as follows:
Annual
Location Contractor Cost
.il -:: I City Hall National Cleaning of Florida $28,632.
1-10! J) 4 7> n City Attorney National Cleaning of Florida 4,260.
,:; L? 1/ ~t),. ?'/7;~nviron. Services National Cleaning of Florida 8,716.
1'/ '11'-,,1 ire Station Jani-King* 5,546.
'7 I
(* Note attached memo from Fire Department)
Pag.e 2 Memo Bid 1191-57
Recommendation:
Staff recommends award to the low responsive bidders as stated
above.
Attachments:
Tabulation of Bids
Memo from Bid Specialist
Memo from Fire Department
pc Jeff Kurtz
John Elliott
Chief Koen
William Greenwood
Ernie Derango
,
M E MaR AND U M
TO: Bob Barcinski, Asst. City Manager Administrative Services
John Elliott, Asst. City Manager Support Services
THRU: Ted Glas, Purchasing Officer~;
FROM: Jackie Rooney, Bid Specialist \:f-
DATE: July 18, 1991
SUBJECT: Janitorial Services - Annual Contract
Bid #91-57
Purchasing has evaluated the bids on the Janitorial Services Contract.
Fourteen (14) bids were received in the Purchasing Office on Tuesday, June
18, 1991. Out of the fourteen (14) bids received only four (4) bids were
responsive in supplying the Task Manning Plan and References required in
the bid specifications.
Of the four (4) responsive bids, National Cleaning of Florida was low
bidder on the City Hall, Environmental Services Complex, and City
Attorney's Office. National Cleaning submitted several references. I
have checked five of these references and find them quite good. (See
attached Reference Sheet for comments received.)
A meeting was held on July 18, 1991, at 11:00 a.m. in the Purchasing
Office with Mr. Richard Cosby of National Cleaning of Florida, Ernie
Derango of Facility Maintenance, Mark Kilbourne of Environmental Services
Public Work, and myself. The meeting was called to go over the Scope Of
Work with Mr. Cosby. The conclusion of the meeting was that Mr. Cosby was
in complete understanding of the scope of work and will perform services
as specified. Mr. Cosby is also available to meet with you if you have
such requirements.
Purchasing 1S ready to recommend National Cleaning of Florida for the
Jantiorial Service and prepare an agenda request accordingly.
Would you please reVl.ew and give your comments and/or approval. Annual
cost for each location listed below:
City Hall - $28,632.00
Environmental Services - $ 8,716.00
City Attorney's Office - $ 4,260.00
Recommendations for Fire Station will follow from Chief Wigderson.
Attachments:
Tab Sheet
cc Jeff Ku r tz , City Attorney
Ernie Derango, Superintendent Facility Maintenance
Mark Kilbourne, Superintendent Environmental Services Public Works
"
References: July 17, 1991
National Cleaning of Florida
In business for over 100 years. Have several office locations in Florida.
L Richard Ramsden (305) 359-0270
C. LT. Ft. Lauderdale International Airport
(Banking corporation financing aircrafts)
Approximate square footage - 6,000
a) "Outstanding Job"
b) "I work late often and when working late notice that the
management people of National Cleaning checks often on their
laborers to make sure they are doing their job"
c) "Nice People "
d) "Been cleaning for us about one year"
2. Ken Eppert (407) 833-7337
Phillips Point, West Palm Beach
Approximate square footage - 250,000
a) "Very good Company "
b) "Very responsive "
c) "A company is as good as its employees. Employees outstanding. "
3. Keith Parks (407) 364-2142
Motorola Company, Boynton Beach
Approximate square footage - 350,000
a) "Have management to run job"
b) "Do a good job"
c) "Like a lot of jobs, we have had a few problems, but these were
straightened out, and they are still with us. "
d) "Good job overall"
4. Evelyn Quinn (305) 359-3200
Jet Center (Aviation Offices) Ft. Lauderdale Airport
Approximate square footage - 194,000
a) "Been very pleased in general"
b) "Very Responsive "
c) "Employee turnover has been very small"
d) "No security problems, do a good job"
5. John Grubs (407) 694-3816
Florida Power and Light, Juno Beach
Approximate square footage - 500,000
a) "Very good Job"
b) "Have had them for five years "
c) "Problems are taken care of quickly with only one phone call"
d) "Do a couple of other satelite offices for us also, about 30 to
50,000 sq ft. "
'"
[ITY DF DELRAY BEA[H
FIRE OEPARTMENT
M E M 0 RAN DUM
TO: JACKIE ROONEY, BID SPECIALIST
FROM: M. B. WIGDERSON, ASSISTANT FIRE CHIEF
DATE: JULY 16, 1991
SUBJECT: RESPONSE TO BID #91-57
I have reviewed the bids submitted for the janitorial service
to the Fire Department buildings. I interviewed three of the
respondees, Patricia Hopkinson - Jani-King, Seacrest Services Inc.
and Custom Care Building Services. Allstate Specialty Services
had made an appointment but failed to attend.
I was impressed by Custom Care Building Services but I
understand that they are not viable in the bid process. I found
Jani-King very competent in the work scheduling and scope of
duties. I spoke to three of the references given by this company
and all were favorable in their comments concerning the work
performed by the company. The time period of their services had
ranged from 6 months to 3 years.
I am satisfied to recommend that the bid for janitorial
services for the Fire Department be awarded to Patricia Hopkinson,
D.B.A. as Jani-King. 17j{J 1
. -' i()U;k~A 4 JJf-
M. B. Wigderson .
Assistant Fire Chief
MBW/mmh
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Agenda Item No. :
AGENDA REQUEST
Date: .1111y 7.9. 1991
Request to .be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: All 811!'l t 6. 1991
Description of agenda item (who, what, where, how much): Bid Award -
W~tpr Main Extension - Pineridge Road/Church of the Palms
Bid 1191-68
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder Metra Indus~ries. Inc. at a total cost
of $98.823. ~J{/~
, ' III
v
,I
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involvinq expenditure
of funds):
Funding available: ~ NO ~~liCable) ~
Funding alternatives:
Ac count No. & Desc 7#,2ttt 44-,-5174 --<;%-.0 /-75<
~STRI8uTt
Account Balance: 2 h I t-A P(<o eMENlS
City Manager Review:
Approved for agenda: (fr$/ NO fI~1
Hold Until:
Agenda Coordinator Review: "64hq( .
Received:
Action: Appro e jDisapproved
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/ ~
Administrative Services
FROM: Ted Glas, Purchasing Officer Jjff
DATE: July 29, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 6, 1991 - BID AWARD - BID #91-68
WATER MAIN EXTENSION/PINERIDGE ROAD
Item Before City Commission:
The City Commission is requested to award contract to low bidder,
Metra Industries, Inc. at a total cost of $98,823. Per the Budget
Office, funding is from:
( ) .
Background:
Funds were allocated in the FY 90-91 budget for water main
installation. A total of $ was budgeted for this
work.
Scope of Service - Furnishing and installation of approximately
2,600 feet of 8" class 52 ductile iron pipe in Pineridge Road from
N.W. 1st Avenue to Northridge Road, and in Swinton Avenue from
Pineridge Road to N.E. 19th Street.
Bids for this project were received on July 12, 1991 from six (6)
contractors, all in accordance with City purchasing procedures.
(Bid 1/91-68. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The Deputy Director of Environmental Services has reviewed the bids,
and recommends award to the low bidder, Metra Industries, Inc. , per
attached memo.
Recommendation:
Staff recommends award to the low bidder, Metra Industries, Inc. at
a total cost of $98,823. Funding as outlined above.
Attachments:
Tabulation of Bids
Memo from Environmental Services
pc William Greenwood
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: George Abou-Jaoude
Deputy Director of Projects
SUBJECT: PINERIDGE ROAD/CHURCH OF PALMS
WATER MAIN EXTENSION
PROJECT NO. 91-30 - BID NO. 91-68
DATE: July 30, 1991
Please find attached a bid tabulation for the above referenced
project.
The three lowest responsive bidders are:
1. Metra Industries Inc. $ 98,823.00
2. Pipe Power utilities $107,050.00
3. Telcon, Inc. $134,561.00
Environmental Services/Engineering staff has reviewed these bids
and checked their references and credentials. It is our
recommendation that the city award this project to Metra
Industries, Inc. in the amount of $ 98,823.00.
The City Engineering cost estimate is $114,350.00
Funds for this proj ect are available in the 91 Water & Sewer
Bonds, account #447-5174-536-61.78 (Budget Balance $248,000.00).
Please have this award on the next City Commission agenda.
GA: smm
ATTS:
File; Memos to Purchasing
Project No. 91-30 (A)
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Agenda Item No.:
AGENDA REQUEST
Date: 7/31/91
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: 8/13/91
Description of agenda item (who, what, where, how much): Award contract
for Fleet Management Application Software to HTE, Inc. for the AS/400 at a cost
of $35,000.00 plus 50 hours of training at a cost of $4.250 and travel expenses
not to exceed $1000.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: The City Garage Superintendent, Assistant City Manager/Support
Services and MIS recommends award of the Fleet Management Software contract to
HTE, Inc., at a cost of $35,000.00, plus training and travel expenses.
Department Head Signature:
Determination of Consistency
City Attorney Review/ Recommendation (if applicable):
Budget Di~or Review (required on all items involving expenditure
of funds):
Fund'ng available: ~ NO
Funding alternatives: (if applicable)
Account No. - & Descr~tion: 501-3311-591-60.89 City Garage Fund-Capital Outlay
Account Balance: ~/), t.1
City Manager Review:
@ (~l
Approved for agenda: YE~I NO
Hold Until:
Agenda Coordinator Review: <6/'1 ~I
Received:
Action: Approved/Disapproved
~ -II
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: ~Ob Barcinski, As~t. City Manager/
Administrative Services
FROM: Richard Zuccaro, MIS Officer
DATE: July 23, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 13, 1991 - CONTRACT AWARD -
FLEET MANAGEMENT APPLICATION SOFTWARE
Items before City Commission:
The City Commission is requested to award contract for
Fleet Management Application Software to HTE, Inc. for the AS/400 at
a cost of $35,000.00 plus 50 hours of training at a cost of $ 4,250
and travel expenses not to exceed $1,000. Per the Budget Office,
funding is from account # 501-3311-591-60-89 (City Garage Fund -
Capital Outlay).
Background:
Monies were approved in the 1990-91 budget for the purchase of Fleet
Management Application Software as part of the City's computerized
government managerial and budgetary accounting system. This
application is a resource management tool that provides the necessary
information to control and analyze f1 eet operation costs, measure
equipment and employee performance, and schedule equipment
maintenance, etc. (see attached flyer).
A demonstration of the HTE software was held in City Hal1 with
representatives of HTE showing how the system performs.
Other cities, who use the HTE's Fleet Management System, were
contacted. Responses were favorable.
Recommendation:
The City Garage Superintendent, Assistant City Manager/Support
Services and MIS recommends award of the Fleet Management Software
contract to HTE, Inc., at a cost of $35,000. plus training and travel
expenses. Funding as stated above.
cc: John W. Elliott, Asst. City Manager/
Support Services
Jerry Rude, Garage Superintendent
mis_fleet
07/23/91 15:01 en]]
1111 III
- - . ~ .. ~.
FIe t Management
T he Fleet ManagelIl~n application is a · User-Controlled System Options - Provides
resource management tool: that provides you with ability to customize system fUIlctions
you with the neccssa y infurmatiun to to your own operating environment.
! control and analyze fleet opel"' tioIl l.'osts. measure · Application Interface - Interfaces with HIE's
I equipment and employee per finance, and GMBA, Asset Management and Purchasing!
schedule equipment maintena ce and facilityl Inventory applications, thereby automating the
equipment usage. data collection pnxess. This result\) in lower
I The application can interfa e with HIE's operating costs, elimination of redundant data
, Government Management and udgetary Account- , entry, and improved data accuracy.
ling (GMBA), Asset Managem nt and Purchasing! I
· Full On-Linc Capabilities - Provides on-line
Inventory applications. Fleet an$gement also
interfaccs with automated refu ling systems. These data entry, error l:hel:king, fi!~ upuales, inquiry
: interface capabilities help red ce rcdundant user and hdp dOl.;uII1~lllalioll.
.::ntry and errors. · Default Coding - Allows you to set up default
I Managers are provided wit tle~ible reponing field values in Fleet Management master
capabilities due to Fleet Man gement's extensive files. Default coding reduces redundant data
database, which captures co lete maintenance. entry, thereby saving time.
usage and cost histories for e ch Jl>iece of · Multiple Location Support - Supports multiple
equipment in your fleet. maintenance and refueling locations.
System Benefits · Preventative Maintenance (PM) and Service
· Provides detailed cost info Scheduling - Provides PM and service
replacement analysis. scheduling with the following features:
· Saves time by providing qu ck access to all · User-detined lists of PM and service tasks.
equipment information. · Automatic PM service scheduling and job
. · Reduces overall costs throu h aptomated order generation with an attached list of
,
I maintenance scheduling. user-detined tasks.
I
I · PM and ~ervil:~ frequency established for
I · Reduces redundant data en
I . h each piece of equipment according to
! System Highhg ts
· Application Security - Li its user access to elapsed meter, and/or elapsed days, and/or
I specific menus and menu ( tio1)s, thus main- elapsed fuel u~age.
taining data accuracy while llowing controlled · Notification repol1 printed by department
a,,:ress to system inf6rrnati that lists equipment due for PM or servicc
· User-Defined Codes - AIlo S WIers to establish and the due date.
I descriptive codes as well a parameters for )
~~essing codes. j
- ,t....'~,..\
07/23,/'31 15:02 [1[14
~
· Job Orders - The Fleet anagemcnt applica- e Equipment disposal tracking, which includes !
tion provides the folJowin job order features; the individual or disp(,)sal company that
! · On-line or manual job rder: entry. purchased the equipment, disposal method
and amount received.
· Tracks down time, reas n for work and
· Miscellaneous infonnation file that gives
I work classification.
I · Freeform comments and task descriptions. users a freetorm notepad for listing addi-
tional equipment information.
· Attaches parts. labor an ouasidc (commcr- · User~detined special equipment tracking
I cia}) services to job ord rs. that lists additional equipment added to a
· Displays next scheduled M and service and pie<.:t: uf equiprnenl.
any pending manufacture recall maintenance. · User-defined parts lists that provide mechanics I
· Prints job order complet n summary, whkh with quick-reference parts indexes for each I
details all charges attac and work done. piece of equipmem. A parts list might
I · Notifies users of equip ent under warranty include items su~h as uil fillers, ~paJ'kplugs
,
I and air filters.
during job order initiati{ n.
· Billing - The Fleet Man ement application · Management Fearures - The Fleet Manage-
provides the following equip nt billing features: ment application provides the following
management features:
· Automatic creatiun and nmsfer of expense
e Equipment-specific costs and quantity tracking. I
account transaction entr S to the account-
ing application. Costs and quantities are tracked month-to-
date, year-lo-date and life-to-date.
· Billing for actual costs, eEquipment maintenance history tracked \
flat rates. I
lite-to-date and categorized by maintenan<.:t:
· Multiple expense accou t biUing. task. The maintenance history tracks costs
· Tracking of project costs by attaching project associated with a maintenance task. mileage.
nllmhers to fleet charge. issued parts, labor amI uulside (commer-
· Equipment Infol'1'n3tion - The Fle.e.t Managc- cia]) repairs.
menl application provides he tbllowing l
equipment information fea urcs:
· Equipment inventory m ster file that pro-
vicks users with equip nt descriptions I
such as make, model, I anufacturer. fuel t UTE, Inc. I
,/ ~ 390 N. Orange Ave.. Suite 2000.
type, fuel capacity, billi g t~pe, account (' >
""'~?' Orlando. Florida 32~0l
I numbers and tire sizes. 1407) 841-~B5 · (800) 727-lm88
I
..-
'"
"
Agenda Item No. :
AGENDA REQUEST
Date: July 30. 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: August 13. 1991
Description of agenda item (who, what, where, how much): Bid Award -
Co-op Bid - Gasoline & Diesel Fuel - Annual Contract
ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: .
Unleaded Gasoline Trans ort 148,000.
Unleaded Gasoline (Tankwagon
Diesel Fuel
~ J!t~J tp_/
Department Head ~gnature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Di~tor.~eView (required on all iteas involving expenditure
of funds): ,~--('CU II
Fund'ng available: YES; NO ~ "_~
Funding al ternati ves: \llU\,Ui\U) ~j 6tQ s+ J (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: (fi~/ NO [/if
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
H'
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/
~,Administrative Services c!lJ
FROM: Ted Glas, Purchasing Officer
DATE: July 30, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
August 13, 1991 - BID AWARD - BID #91-126/PR
CO-OP BID - GASOLINE & DIESEL FUEL
Item Before City Commission:
The City Commission is requested to make multiple awards as listed below for
gasoline and diesel fuel, at an estimated annual cost of $170,000. Per the
Budget Office, funding is from:
( ) .
Background:
The Palm Beach County Purchasing Department is the lead agency for this
co-op bid. Bids were received on July 8, 1991 from eight (8) vendors, per
attached bid re-cap sheets and recommendation from Palm Beach County which
was approved by the Palm Beach County Cooperative Purchasing Council at
their meeting on July 29, 1991.
The low bidders for Delray Beach are, as follows:
Unleaded Gasoline (Transport)
Coastal Fuels Marketing Inc @ $.0308 discount -
Estimated Annual Costs - $148,000.
Unleaded Gasoline (Tankwagon)
B.P. Oil Company @ .0353 Discount
Estimated Annual Cost - $16,000.
Diesel Fuel 112 (Tankwagon)
B.P. Oil Company @ $.0611 markup -
Estimated Annual Costs - $6000.
This contract allows for price fluctuation (escalation) based on prices
published in the Oil Price Information Service (OPIS) for Miami. However
the vendor markup or discount (including delivery and all other costs) shall
not change during the time of this contract.
Recommendation:
Staff recommends multiple awards as stated above.
Attachments:
Bid Information Sheets
Recommendation from Palm Beach County
pc John Elliott Chief Lincoln
Chief Koen Jerry Rude
Brahm Dubin
'I."
BID PROPOSAL
BID '91-126/PR
LOT 11: (Boca Raton, Boynton Beach, Delray Beach, Manalapan & Ocean Ridge
Area)
ITEM A. B.
NO. DESCRIPTION '" "I< TRANSPORT '" "I< TANKWAGON
- -
1. Diesel #2 + - S /gal. + - S /gal.
2. Supreme Unleaded + - S /gal. + - $ /gal.
3. Regular Unleaded + - $ /gal. + - S /gal.
4. Unleaded Plus + - $ /gal. + - $ /gal.
"'*Calculates discount/markup to the fourth decimal discount/markup shall remain firm during
contract period(s).
NOTE: State brand you are offering: Brand , Refinery .
Circle one +or - in each column to show discount/mark-up added/subtracted from/to OPIS
price.
LOT 12: (Greenacres City, Lake Worth & Lantana Area)
5. Diesel #2 + - $ /gal. + - $ /gal.
6. Supreme Unleaded + - S /gal. + - S /gal.
7. Regular Unleaded + - $ /gal. + - $ /gal.
8. Unleaded Plus + - $ /gal. + - $ /gal.
*"'Calculates discount/markup to the forth decimal discount/markup shall remain firm during
contract period(s),.
NOTE: State brand you are offering: Brand , Refinery .
Circle one + or - in each column to show discount/mark-up added/subtracted from/to OPIS
price.
LOT 13: (Loxahatcbee, Mangonia Park, Palm Beach, Wellington & West Palm Beach
Area)
9. Diesel/Jet A Fuel + - $ /gal. + - $ /gal.
10. Diesel #2 + - $ /gal. + - $ /gal.
30
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Form J
Date Sent: 7/12/9]
DEPARTMENTAL BID EVALUATION FORM
Co-OP Annual Contract For
BID # 91-126/PR BID TITLE:Gasoline and Diesel fuel BUYER: Phil Ridolfn
DEPARTMENT: Motor Pool/Fire Rescue NAME: Doug Weichrnan/Jar.k Frpnrirk~on
DATE RECOMMENDATION RETURNED TO PURCHASING:
The bid listed above has been opened and requires your evaluation. Attached are copies of
the Tabulation Sheets and Bid Responses from the following:
EVALUATE ENCLOSED INFORMATION, MAKE RECOHKENDATION, SIGN, DATE AND RETURN BY: .
ANNUAL ESTIMATED USAGE $2.158.510.41
LIST BIDDER'S FROM LOWEST PAYMENT DELIVERY RECOMMENDATION
TO HIGHEST BID TERMS A/R/O TOTAL OFFER NUMERIC "KEY" ONLY
Coastal Net 30 24 hr. 1,840,206.53 (1) Transport
B.P. Oil Net 30 24 hr. 1,191,646.94 (f 1 ) Transport
B.P. Oil Net 30 24 hr. 384,702.96 ( 1 ) Tankwagon
Port Petroleum Net 30 24 hr. 258,730.02 ( 1 ) Tankwagon
Onyx Petroleum Net 30 24 hr. 280,929.70 ( 1 ) Transport
Keernan Petroleum Net 20 24 hr. If Needed ( 1 ) Transport
MAPCO ---- 24 hr. If Needed (1) Tankwagon
KEY(S) FOR RECOMMENDATION: (PLEASE NOTE YOUR RECOMMENDATION ABOVE)
(1) RECOMMENDED AWARD TO LOWEST RESPONSIVE BIDDER(S) MEETING SPECIFICATIONS (See Attached)
(2) NO AWARD, NOT "LOWEST" RESPONSIVE BIDDER.
(3) NO AWARD, DID NOT MEET SPECIFICATIONS.
When recommending award to other than low bidder, detailed justification must be furnished
below and/or attached. Technical information pertinent to the bid specifications and
performance of the item(s) will enhance the award decision. Generalities will not be accepted
as sufficient information.
REMARKS:
===========================================================================================
SIGNED:
TITLE:
DATE:
'"
. ' .
RECOMMENDED AWARD TO THE FOLLOWING LOWEST RESPONSIVE
BIDDER(S) MEETING SPECIFICATIONS FOR THE FOLLOWING ITEM
NUMBER(S) AND TRUCK SIZE:
B.P. OIL FOR TRANSPORT - 1, 5, 9, 10, 14, 18
B.P. OIL FOR TANKWAGON - I, 2, 4, 5, 6, 8, 9, 11,
15, 21
COASTAL FOR TRANSPORT - 2, 4, 6,8,11,12,15,17,
21, 20
PORT PETROLEUM FOR - 3, 7, 10, 12, 13, 14, 16,
TANKWAGON 17, 18, 20
ONYX PETROLEUM FOR - 3, 7, 13, 16
TRANSPORT
KEEHAN PETROLEUM FOR - 19, IF NEEDED
TRANSPORT
MAPCO PETROLEUM FOR - 19 IF NEEDED
TANKWAGON
WIL. DOR OIL COMPANY WITHDREW HIS BID ON JULY 13, 1991 AS
PER MONIKA HOLDEN PHONE CALL. USED THE WRONG OPIS REPORT
FOR DISCOUNT/MARKUP.
MAPCO PETROLEUM WAS DISQUALIFIED ON THE FOLLOWING ITEM(S)
AS PER TERM #11 MISTAKES, BID HAVING ERASURES OR
CORRECTIONS MUST BE INITIALED IN INK BY THE BIDDER.
LOT #1 - ITEM # 2, 3, 4
LOT #2 - ITEM # 6, 7, 8
SIGNED:
TITLE:
DATE:
,"
. ..
Agenda Item No. :
AGENDA REQUEST
Date: 08/06/91
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: Au&ust 13. 1991
Description of agenda item (who, what, where, how much): Bid Award -
Hardscape, Sculpture and Landscape for Pineapple Grove
Bid 1191-66
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder ARZ Builders, Inc. at a total cost of
$94,153.
Department Head Signature: ---;P~"-1J ~..u<~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~/ NO (if applicable)
Funding alternatives:
Account No. & Description: 3~-4/4J-G7l-.fol-2 7 f"F.1) {1'/'N--L-It.fI()kl17)~.aID
Account Balance: ~D
City Manager Review:
Approved for agenda: ~~/ NO (lr1
Hold Until:
Agenda Coordinator Review:
Received:
Action:
M E M 0 RAN DUM
TO: David T. Hardin, City Manager
THROUGH :f~bert A. Barcinski, Assistant City Manager/
Administrative Services
FROM: Ted Glas, Purchasing Officer CO-K~ l~ ,.J!J.
DATE: August 06, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 13, 1991 - BID AWARD - BID #91-66
HARDSCAPE. SCULPTURE AND LANDSCAPE FOR PINEAPPLE GROVE
Item Before City Commission:
The City Commission is requested to award contract to low bidder ARZ
Builders, Inc. at a total cost of $94,153. Per Budget Office, funding is
from: (
) .
6ackground:
Funds were allocated in the FY 90-91 budget for this beautification
project. A total of $95,000.00 was budgeted for this work.
Scope of Service -
Expansion of intersection nodes including curbing, removal of
existing sidewalk and curb and installation of pavers and
landscaping;
Expansion of intermediate pods for landscaping and/or sculpture
installation;
Installation of mahogony trees on private property (in easements
obtained by the City), in tree grates (in asphalt) or in sodded areas
where feasible;
Modification of existing drainage and handicap ramp access;
Installation of four (4) sculptures on a reinforced concrete pad and
anchor bolts.
Bids for this project were received on July 25, 1991 from two (2)
contractors, all in accordance with City purchasing procedures. (Bid
#91-66. Documentation on file in the Purchasing Office.) A tabulation of
bids is attached for your review.
The City Horticulturist/Special Project Coordinator has reviewed the bids.
and recommends award to the low bidder. ARZ Builders Inc. per attached
memo.
Recommendation:
Staff recommends award to the low bidder, ARZ Builders, Inc. at a total
cost of $94.153. Funding as outlined above.
Attachments:
Tabulation of Bids
Memo from Community Improvement
pc: Nancy Davila. City Horticulturist/Special Project Coordinator
.
MEMORANDUM
To: Ted Glas, Purchasing Administrator
Through: Lula Butler, Community Improvement Director
From: Nancy Davila, Horticulturist/Special Projects Coordinator ~~
Re: PINEAPPLE GROVE - RECOMMENDATION FOR AWARD OF BID # 91-66
Date: August 5, 1991
The bid opening for 'Hardscape, Sculpture Installation and Landscape
Installation for Pineapple Grove Way' was held July 25, 1991. Two bids were
received.
The lowest apparent bidder was ARZ Builders, Inc. in the amount of
$94,153.00. The second bid was from Ocean Bay Construction, Inc. , in the
amount of $117,508.80.
I have contacted the references included with the bid for projects completed
that were similar in scope to Pineapple Grove Way. All references were
favorable.
The 'Engineer's' estimate for the job was $ 93,827.20. Funding for the
project is to be reallocated from the 1987 Utility Tax Bond Fund.
l am recommending that Bid k 91-66 be awarded to ARZ Builders. Inc., in the
amount of $94,153.00.
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, . .
Agenda Item No. :
AGENDA REQUEST
Date: 7/31/91
Request to be placed on:
XX Regular Agenda Special Agenda Workshop Agenda
When: 8/13/91
Description of agenda item (who, what, where, how much) : Award contract
for Accounts Receivable Application Software to HTE, Inc. at a cost of $10.000.00
plus twelve hours of training at a cost of $1.020.00 and travel expenses, not to
exceed $1000.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: The Finance Department and MIS recommends award of the
Accounts Receivable Software contract to HTE, Inc., at a cost of $10.000. plus
training and travel ex~enses.
Department Head Signature: ?j?
Determination of Consistency Plan:
City Attorney Review/ Recommendation (if applicable):
Budget D~or ~eview (required on all items involving expenditure
of funds): "Iv
,~#i e
Fun g available: YES NO
Fun ng alternativ . (if applicable)
Account No. & Description: ** SEE ATTACHED **
Account Balance:
City Manager Review:
Approved for agenda: {j~/ NO [7--'1
Hold Until:
Agenda Coordinator Review: ~ I.L IJ.I
Received:
Action: Appr ved/Disapproved
..,"
. . .
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Bob Barcinski, Asst. City Manager/
Administrative Services
FROM: Richard Zuccaro, MIS Officer
DATE: July 23, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 19, 1991 - CONTRACT AWARD -
ACCOUNTS RECEIVABLE APPLICATION SOFTWARE
Items before City Commission:
The City Commission is requested to award contract for
Accounts Receivable Application Software to HTE, Inc. at a cost of
$10,000.00 plus twelve hours of training at a cost of $ 1,020 and
travel expenses, not to exceed $10~0. Per the Budget Office, funding
is available as f0110WS:~l..,t.tfI.Vl..v f;eJlU<.etO tL4c{?/;t/f!
1. Application Software $10,000 - 001-1811-513-60-86 /) /1) jj'lJ
2. Travel Expenses $1,000 - 001-1811-513-34-57/4 LuJr'~~.()O
3. Computer Training $1,020 - 001-1511-513-33-57 iJ~tI?>~.
Background:
Monies were approved in the 1990-91 budget for the purchase of
Accounts Receivable Application Softwa re as part of the City I S
computerized government managerial and budgetary accounting system.
This software will allow all authorized users (AS/400) the ability to
track miscellaneous charges and payments with the flexibility to bill
and maintain receivables (see attached flyer).
A demonstration of the HTE software was held in City Ha 11 with
representatives of HTE showing how the system performs.
Recommendation:
The Finance Department and MIS reco~mends award of the Accounts
Receivable Software contract to HTE, Inc., at a cost of $10,000. plus
training and travel expenses. Funding as stated above.
cc: Joseph Safford, Finance Director
Milena L. Walinski, Assistant Finance director
mis_recivb
. . 07/23/91 15:01 mE
Acc uots Receivable
,
H TE's ACCOUlllS Recc v.bl~ soH ware , · Automatic Charge Generation '- Lets yuu set
application helps yo str~amline opera- up recurring charges to generate automatically I
tions by tracking mi celhmeous charges on invoices or statements. :
and payments. The system a pts :to you r · Customized Invoices/Statements - HTE pro-
organization, allowing you to flex~bly bill and vides invoice statemenl~ tailored to your needs.
maintain all receivables. The apPlication also You can print them any time, by customer
processes charges and payme ts; ssesses type or name range.
penalties and finance charges pri~ts invoices,
statements and delinquency n tice~; and · Delinquent Notices - Allows you to per-
generates reports. sonalize collectiun currespondence using
I System Benefits OfficeVision/40WM.
· Write-Off Capabilities - Enables you to
i . Helps you collect outstandi g revenue more write-off charges individually, and perform
mass write-offs by customer and charge \:ooes. I
quickly and efficiently. I
I
· Simplifies billing and trac 'ng <l>f charges. . ..~ L a ~,~~.1Ikeivable inter- !
.._'1':w.\~magement I
. Saves time by minimizing a couqt management.
"'~J,r~~MBA), allowing
I · Allows you to tailor the a lica,tion to your ! 11ir] _.t.._~.,ifIb appli<.:atiOflS../
!
, needs through codes and 0 tioqs you define.
· Streamlined Cash Receipts - Accounts I
· Interacts with database for rapi4 data entry receivable payments are processed through ,
and inquiry. thc Cash Receipts application and passed to I
. Reduces clerical tasks. Accounts Receivable for posting.
i I
· Prioriry Paymenl'i - You may apply payment I
System Highlights 'to specific invoices or charges on l:ustomer
I
. All Information On-Line Allows you to accounts.
. enter, edit, update and fin his~rical. current · Demand Trial Balance Reports - Maintains
and pending account info atidn from multi- trial balance data in summary or detail. and ,
pIe locations. by customer type.
· User-Defined Codes - s yqu tailor infur- . Custom Repons - Many flexible reports are
mation to suit your organi ation. User-dcfined included with the Accounts Receivable appli- I
intormation includes charg tyftes. customer calion. HTE provides a comprehensive "native"
I types, aging control, penal y/fi~ance charges. database. as well as detailed file and field
taxes and miscellaneous in orm~tion. information. This allows you to easily de1ine
I new reports to meet your changing needs I
using IBM's QUERY/4()()T"' report writer. I
L, J
-
(oven
''/ {' r
,< 17, ,1L .'1'-C,
. .
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Bid #91-74 Veterans' Park Bulkhead Replacement and
Marginal Dock
DATE: August 6, 1991
Attached please find the bid tabulation sheet for the seawall and
marginal docks at Veterans' Park. Nine (9 ) bids were opened on
August 1, 1991 with the apparent low bidder being B.K. Marine
Construction at $220,630. Also attached is a letter of
recommendation from the project consultant, Coastal Planning and
Engineering.
Originally it was determined by our City Engineer that the seawall
could be repaired at a cost of about $75,000. Coastal Planning and
Engineering later determined that the seawall was in various stages
of deterioration and recommended it be replaced at an estimated cost
of $315,032 that included seawall, docks, ladders, contingency and
engineering. This cost was upgraded last March to $350,000 for the
construction costs of the wall and docks only. As noted, the actual
low bid cost is $220,630 plus engineering fees.
As you know, we applied for and received a 50% grant from the Florida
Inland Navigational District for this project. Our share of the cost
is estimated to be $110,615. Originally, when the cost estimate was
$315,032, City Commission determined that $100,000 was to come from
the Decade of Excellence Bond Issue and $58,000 was budgeted from the
General Fund in account #334-4126-572-61.63. However, there is
$100,000 budgeted in this account, per Policy A-2.3 of the
Comprehensive Plan, that can be used for this project. Please note
this is a reimbursable project and the City is required to pay the
cost and then be reimbursed one-half by F.I.N.D.
Lastly, because of delays in the State Legislature, we did not
receive a signed agreement with F.I.N.D. until April 1, 1991. Even
though there was a delay, F.I.N.D. did not extend its construction
deadline of September 30, 1991. This gave us only a short time to
engineer, permit, and bid the project. We still hope to be close to
that date, and if not, ask F.I.N.D. for an extension.
Please place this on the August 13, 1991 agenda for Commission
consideration.
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D Parks and Recreation
JW: j mh
REF: SEAWALL. DOC
Attachment .
cc: Allison MacGregor Harty, City Clerk
Yvonne Kincaide, Budget Officer
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.,.10
08/06/1991 15: 17 P.02
COASTAL C. OeGA'" "NQ'M. (. "'....,.
~n^~T^1. gtJ~VJ:'YR
COASTAL p~ANNrNG & ENGINEERING, INC. RIOI.OIJICAl eTUOIt:~;
GCOTCCI4NICAL SL....VIL;U;
~OCA RATON: 2481 N,W. eOCA RATON BOULEVARD. BOCA RATON. F'-L 33431 r4r.J7] :'lEl'.F.I1C1? TF-._~r-AX (407] ,391-91 16
SAr.l^!!:O'l'^: 1 BCS MAIN STI'I8ET; eUITE BOO. !!l^"ASOTA. FLnRll"JA ::'l4?::'lf,l (813) 365-5957 TELEFAX, (81 3i 9!54-BD31J
.JAl":Kf;;nNVII.l.E 1322 CHABue OOUI=lT NrJRTll, nRANGE PARK. FLORIDA 32073 (S04) 2B...H:,039 l'l:L1:FAX 1904] ~e4-tiO~a
August 6, 1991
Mr. Joe Weldon, Director
Parks and Recreation Dept.
City of Delray Boach
100 NW 1st Ave.
Delray Beach, PL 33444
RE: Recommendation for Award of Veterans Park Contract
Dear Joe:
We have reviewed the 9 bids that were submitted and opened on August I, 1991. The bids
were reviewed by Ms. Jackie Rooney of the purchasing department for mathematical errors
111 the bids and were ranked by her according to the costs. The lowest responsive bidder
was BK Marine CoIUitruction, Inc. (BK Marine).
We reviewed in detail BK Marine's bid to ensure that all components of the bid were
included. BK Marine submitted a list of work which indicated that they have recently
completed similar work. In addition, they were the contractor who constructed the docks
and seawall at the City Marina several years ago. We spoke with Jim White of BK Marine
about their bid. Jim White is listed as one of two certified general contractors in their bid.
Jim White said that BK Marine understood the potential difficulty of working near the
overhead and underground utilities and incorporated that fact into their bid (conference
report attahced).
Since BK Marine is qualified to do this work, has indicated that they thoroughly evaluated
the work in maJdna their bid, and their bid was the lowest responsive bid, we recommend
that the Qty award the COntract to BK Marine Construction Inc.
Very truly yours,
COASTAL PLANNING & ENGINEERING, lNC.
L~
'm E. Beachler, P,B.
Vice President
cc: Doullas Mann, CPE
Jim Bryant. BK Marine
. ' . 08/06/1991 15: 18 F'.03
-
COMM. NO. 4818.83 DATE 8/2/9l
.
TIME 3:00 PM
TELEPHONE FROM . DOlli. MWUl
CONPlR'NCE
REPORT'
FROM Jim \Vhite
COMPANY BK Marine. Inc.
TELEPHONE '~-421.2321
LOCATION --UilPthouse Pt., Florida
SUBJECT: . Ye~rans Parks Bid
STATUS:
-
I phoned Jim White to discuss BK Marine's bid with him. I informed Jim that BK had the
lowest bid and that we were in the process of evaluating an of the bids.
I asked him whether he had visited the site prior to making the bid. Jim indicated he had
not, but that the she had been visited by several members of the company. Jjm said they
were aware of the overhead powerlines and the added difficulty that would result.
I asked whether BK had contacted the utility companies concerning the utilities in the
vicinity of the project. Jim indicated they had not, but were aware of the potential problems
that may arise. 11m asked whether it was required to contact the utilities prior to the bid.
I said no. I mentioned to Jim that BK's bid price for the panels at the utilities was lower
(per linear ft.) than for the rest of the bulkhead.. Jim said they were aware of this and that
they had lowered their bid on this item in order to get the job.
I asked Jim how they would handle working near the power poles. Jim indicated that by
placing the piles and panels from a barge, they will stay 10 feet from the electric wires (an
OSHA regulation). The deadmen will be placed with a backhoe from the landward side.
Jim also said that they realize that it will be necessary to stabilize the power poles during
construction.
Jim asked if we were going to recommend BK for the award. 1 said that I had to discuss
it with Kim Beachler, but that it looked positive.
cc: Kim Beachler
.j ,~
I
i' , '.
! -
.
Agenda Item No.:
AGENDA REQUEST
Date: August 8. 1991
Request to be placed on:'
xx Regular Agenda Special Agenda Workshop Agenda
When: August 16, 1991
Description of agenda
approval by City Commission of Five Star Construction for the construction of S.W. sidewalk
A Decade of Excellence Pro'ect . Amount of 91-69' P
Funding source #225-3162-541-61.44.
ORDINANCE/ RESOLUTION REQUIRED: ~/NO Draft Attached: ~DS/NO
Recommendation: Staff recommends approval for Five Star Construction in the amount of
$te5.36~.uO for the construction of S.W. 4th Avenue sidewalk.
.... ~i+,. J ",'1',0<.'
Department Head Signature: #~~'''~~J.f o/~~I
Determination of Consistency with Comprehensive Plan:
~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite.s involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO fl'>V(
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
~
MEMORANDUM
TO: David T. Harden
city Manager ~
THRU: William H. Greenwood uA
Dir. of Environmental Services
FROM: George Abou-Jaoude
Dep. Dir. of Environmental Services/
Projects
SUBJECT: S. W. 4TH AVE. SIDEWALK
BID #91-69 Project #91-55
Date: August 8, 1991
Please find attached a bid tabulation for the project stated
above (A Decade of Excellence Project).
Environmental Services staff has reviewed these bids and
recommend award to the lowest responsible respon~ive bidder "Five
Star Construction" in the amount of ~3,36g.00: 9I;Jb'},CC I'M
Funding source account number 225-3162-541-61.44.
GAJ/gm
Att:
cc: Interoffice Memos from Engineering Dept.
File: 91-55.40
File: P:gj9155.doc
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City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date August 8, 1991
(3) Interfundllnterdepartmental Transfer (4) Batch Number 5Vj6S~
(5) Requested By: Environmental Services Department
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
225-3161-541-61.41 S.E. 1st Street $ 18,228.21
225-3161-541-61-42 Lowson Drainage $ 12,051. 79
225-3162-541-61.44 Sidewalk (S.W. 4th $ 30,280.00
Avenue)
(10) TOTAL $ 30,280.00 $ 30,280.00
JUSTIFICATION: Transfer is necessary to cover costs for the construction of
S.W. 4th Avenue Sidewalk - Proiect No. 91-55.
/1
Department Head I/JM"", ()?(/~!rl Asst City Manager
.
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
I'll
.
,
.
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 8/7/91
x Regular Agenda ____Special Agenda ____Workshop Agenda
When: 8/5/91
Description of agenda item (who, what, where, how much)____
Authorize purchase of computer communication equipment for the Environmental Services
Department - Water Treatment Plant and Maintenance Division. Cost = $13,811.40
PROJECT #91-07.1 Fundin source shall be from account # 442-5178-536-64.09
9.2.S 'J;J. I/o 7tc.; eOY11 I+t-Uo-Hle 1~5
ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~
Recommendation: Recommend approval of purchase for the Environmental Services
Department.
&<< .Ae~ .-/7111 ~
Department Head Signature:
Determination of Consistency with Comprehensive Plan: N/A
city Attorney Review/Recommendation (if applicable) N/A
Budget Director ReVie~(reqUired on all items involving
expenditure of funds):
Funding available: ~NQ
Funding alternatives (if applicable)
Account No. & Description 442-5178-536-64.09 (COMPUTER SOFTWARE/HARDWARE)
Account Balance $57,790.46
City Manager Review:
Approved for agenda: ~/NO {~~I
Hold until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
MEMORANDUM ,4'~:,~ ta -L r ..~ L :...L-!--......
,
~_ /I~ 7/d,(7cu.L' /~ 5-J,~l,'--L
1..- -- ,~~_,..,
TO: William H. Greenwood "'I. 2 5 ~1
Director of Environmental Services
FROM: Richard Zuccaro, MIS Officer ~
DATE: July 22, 1991
SUBJECT: Communications Equipment Recommendation
Attached is a copy of the communications equipment needed to extend the
Environmental Services Local Area Network to the Water Treatment Plant
and the Maintenance Building via fiber optics.
\
I have included a recommended configuration and an alternative
configuration from four different vendors. In all cases the
recommended configuration turned out to be the most cost effective
method. Microage quoted the lowest cost ($13,319) of the recommended
configuration with an estimated 4 to 6 week delivery time for most of
the components. If time is crucial you might want to consider TW
Communications who came in with somewhat of a higher cost ($15,700) for
the same configuration, however they quoted an estimated one week
delivery time for all of the components.
Included, are additional cost estimates for the necessary cables.
Lowest cost for hardware is Microage: $13,319.00
Lowest cost for cables is TW Communications: $ 492.40
----------
Total Cost $13,811.40
If you have any questions regarding this recommendation please call.
cc: Robert A. Barcinski, Asst. City Manager/
Administrative Services
Frank Deering, Assistant to the Director
bg_tech_rc
,.".
City Of Delray Beach. Florida
Technical Recommendation
To: William Greenwood
Environmental Services Director
From: Gregory A. Welch ~uU.
Computer Systems Administrator
Through: Richard Zuccaro ~
Management Informatlon Systems Officer
Date: 07/22/91
Subject: Communications Equipment Necessary To Extend
Environmental Services Local Area Network To
Water Treatment Plant and Maintenance Building.
PROJECT OVERVIEW
Currently the Environmental Services Local Area Network ( LAN) is
installed in the Main and Administration buildings. Fiber optic
cables have been i nsta 11 ed to provide LAN ' access to the Water
Treatment Plant and the Maintenance Building. Communications
equipment and cables are the only items remaining to be ordered and
installed.
PROJECT RECOMMENDATIONS
Management Information Systems recommends IBM 8230 communications
units for the Administration and Main Buil di ngs and IBM 8220
communications units for the Water Treatment Plant and Maintenance
Building.
The IBM 8230 Token-Ring network Controlled Access unit ;s an
intelligent access concentrator which a 11 ows connection of from 0 to
80 workstations, via pluggable lobe attachment modules (LAMS), to a
Token-Ring network. The 8230 is switchable between 16 and 4 megabits
per second (MBPS) ~nd has a media access control (MAC) appearance on
both the main and backup ri ngs. The 8230 is shipped with copper main
ring modules and can be upgraded to fiber by plugging in the optical
fiber converter module feature. The 8230 functions as a repeater in
both directions. The 8230 will provide higher ring availability, via
automatic reconfiguration, and better access control and asset
management. The 8230, in most cases, will also allow for longer lobe
lengths than the 8228 Multistation Acce 5S Unit. The 8230 provides
i~proved systems management, user productivity, and is expandable.
-1-
Management Information Systems 407-243-7140
,'"
City Of Delray Beach Florida
Technical Recommendation
RECOMMENDED COMMUNICATIONS EQUIPMENT CONFIGURATION
Administration Building
001 -8230 Controlled Access Unit (1)
5501-8230 ICS Lobe Attachment Module (1)
5503-8230 Optical Fiber Converter Module (1)
Main Building
001 -8230 Controlled Access Unit (1)
5501-8230 ICS Lobe Attachment Module (2)
5503-8230 Optical Fiber Converter Module (1)
Maintenance Building
8220 Optical Fiber Converter (2)
8228 Multistation Access Unit (1)
Note: We will move 8228 Multistation Access Unit currently
installed at Admin1stratlon Building.
Water Treatment Plant
8220 Optical Fiber Converter (2)
Note: We will move the 8220 converters currently installed at
Administration and Main Buildings.
8228 Multistation Access Unit (2)
Note: We will move 8228 Multistation Access Units currently
installed at Main Building.
-2-
Management Information Systems 407-243-7140
'I ,~
City Of Delray Beach Florida
Technical Recommendation
ALTERNATE COMMUNICATIONS EQUIPMENT CONFIGURATION
Administration Buildinq
8220 Optical Fiber Converter (2)
Note: One converter already installed.
8228 Multistation Access Unit (1)
Main Bui1dinq
8220 Optical Fiber Converter (2)
Note: One converter already installed.
8228 Multistation Access Unit (1)
\
Maintenance Buildinq
8220 Optical Fiber Converter (2)
8228 Multistation Access Unit (1)
Water Treatment Plant
8220 Optical Fiber Converter (2)
8228 Multistation Access Unit (2)
-3-
Management Information Systems 407-243-7140
,~ ,~
City Of Delray Beach Florida
Verbal Vendor Quotation
Date: 07/22/91
Vendor Name: MICROAGE
Contact: ED GUNTHER
Phone Number: (407) 683 - 5779
Recommended Configuration
Item Description Quantity_ l}nit Cost __-IQ.ta 1 C~~~
001-8230 CONTROLLED ACCESS UNIT 2 1935.00 3870.00
5501-8230 IeS LOBE ATTACH MODULE --> / rv': ',1,-
Supports up to 20 work stations. 3 1322.25 3966.75
5503-8230 OPTICAL FIBER
CONVERTER MODULE. \ 2 806.25 1612.50
Est. Delivery Time 4-6 weeks ,
IBM 8220 Fiber Optic Repeater 2 1935.00 3870.00
Est. Delivery Time 1 week
Total ,Cost Of Items 13319.25
Alternate Configuration
Item Description Quantity Unit Cost Total Cost
IBM 8220 Fiber Optic Repeater 6 1935.00 11610.00
Est. Delivery Time 1 week
IBM 8228 MAU 5 403.14 2015.70
Est. Delivery Time 1 week
Total Cost Of Items 13625.70
- 1 -
,I ,~
City Of Delray Beach Florida
Verbal Vendor Quotation
Date: 07/22/91
Vendor Name: eOMPUTERLAND
Contact: Steve Huntress
Phone Number: (407) 683 - 2999
Recommended Configuration
Item Description Quantity Unit Cost Total Cost
001-8230 CONTROLLED ACCESS UNIT 2 2046.00 4092.00
5501-8230 ICS LOBE ATTACH MODULE
Supports up to 20 work stations. 3 1398.10 4194.30
5503-8230 OPTICAL FIBER
CONVERTER MODULE. 2 852.52 1705.04
Est. Delivery Time 4-6 weeks
IBM 8220 Fiber Optic Repeater 2 2011. 00 4022.00
Est. Delivery Time 4-6 weeks
Total .Cost Of Items 14013.34
Alternate Configuration
Item Description Quantity Unit Cost Total Cost
IBM 8220 Fiber Optic Repeater 6 '2011. 00 12066.00
Est. Delivery Time 4-6 weeks
IBM 8228 MAU 5 411. 00 2055.00
Est. Delivery Time 4-6 weeks.
Total Cost Of Items 14121.00
- 1 -
,'<
City Of Delray Beach Florida
Verbal Vendor Quotation-
Date: 07/22/91
Vendor Name: CABER SYSTEMS
Contact: Glen Anthony
Phone Number: (800) 634 - 0682
Recommended Configuration
Item Description Quantity Unit Cost Total Cost
001-8230 CONTROLLED ACCESS UNIT 2 2117.00 4234.00
5501-8230 ICS LOBE ATTACH MODULE
Supports up to 20 work stations. 3 1447.00 4341. 00
5503-8230 OPTICAL FIBER
CONVERTER MODULE. \ 2 882.00 1764.00
Est. Delivery Time 4-6 weeks
IBM 8220 Fiber Optic Repeater 2 2258.00 4516.00
Est. Del ivery Time 4-6 weeks
Total Cost Of Items 14855.00
Alternate Configuration
Item Description Quantity Unit Cost Total Cost
IBM 8220 Fiber Optic Repeater 6 2258.00 13548.00
Est. Delivery Time 4-6 weeks
IBM 8228 MAU 5 472.00 2360.00
Est. Delivery Time 2 days
Total Cost Of Items 15908.00
- 1 -
"! ,~
City Of Delray Beach Florida
Verbal Vendor Quotation
Date: 07/22/91
Vendor Name: TW COMMUNICATIONS
Contact: BILL CAMPBELL
Phone Number: (800) 638 - 5505
Recommended Configuration
Item Description Quantity Unit Cost Total Cost
001-8230 CONTROLLED ACCESS UNIT 2 2210.00' 4420.00
5501-8230 ICS LOBE ATTACH MODULE
Supports up to 20 work stations. 3 1500.00 4500.00
5503-8230 OPTICAL FIBER
CONVERTER MODULE. 2 900.00 1800.00
Est. Delivery Time 1 Week
IBM 8220 Fiber Optic Repeater 2 2490.00 4980.00
Est. Delivery Time 1 Week
Total .Cost Of Items 15700.00
Alternate Configuration
Item Description Quantity Unit Cost Total Cost
IBM 8220 Fiber Optic Repeater 6 2490.00 14940.00
Est. Delivery Time 1 Week
IBM 8228 MAU 5 500.00 2500.00
Est. Delivery Time 1 Week
Total Cost Of Items 17440.00
- 1 -
,,,
City Of Delray Beach Florida
Verbal Vendor Quotation
Date: 07/22/91
Vendor Name: TW Communications
Contact: Bill Campbell
Phone Number: (800)638 - 5505
Infomation: Cabling specifications for recommended and alternate
communications configuration for extension of
Environmental Services LAN.
. Cabling For Recommended Configuration
Item Description Quantity Unit Cost Total Cost
ST-TO-BNC (DUPLEX) 6'
FOR IBM 8220 FIBER REPEATERS. 4 74.00 296.00
ST-TO-ST (DUPLEX) 6'
FOR SIECOR CONNECTOR PANEL
CENTER (CPC). 2 67.00 134.00
YELLOW CROSSOVER CABLE 8' 4 15.60 62.40
Total Cost Of Items 492.40
Cabling For Alternate Configuration
Item Description Quantity Unit Cost Total Cost
ST-TO-BNC (DUPLEX) 61
FOR IBM 8220 FIBER REPEATERS. 6 74.00 444.00
ST-TO-ST (DUPLEX) 61
FOR SIECOR CONNECTOR PANEL
CENTER (CPC). 2 67.00 134.00
YELLOW CROSSOVER CABLE 81 4 15.60 62.40
Total Cost Of Items 640.40
Q919620DGW/MIS_QUOTES/QTXT - 1 -
'I .~
City Of Delray Beach Florida
Verbal Vendor Quotation
Date: 07/22/91
Vendor Name: Universal Cabling Systems
Contact: Ron Dubeau
Phone Number: (407) 659 - 6225
Infomation: Cabling specifications for recommended and alternate
communications configuration for extension of
Environmental Services LAN.
Cabling For Recommended Configuration
Item Description Quantity Unit Cost Total Cost
ST-TO-BNC (DUPLEX) 61 4 104.00 416.00
FOR IBM 8220 FIBER REPEATERS. \
ST-TO-ST (DUPLEX) 61 2 40.00 80.00
FOR SIECOR CONNECTOR PANEL
CENTER (CPC).
YELLOW CROSSOVER CABLE 81 4 35.00 140.00
Total Cost Of Items 636.00
Cabling For Alternate Configuration
Item Description Quantity Unit Cost Total Cost
ST-TO-BNC (DUPLEX) 6' 6 104.00 624.00
FOR IBM 8220 FIBER REPEATERS.
ST-TO-ST (DUPLEX) 61 2 40.00 80.00
FOR SIECOR CONNECTOR PANEL
CENTER (CPC).
YELLOW CROSSOVER CABLE 8' 4 35.00 140.00
Total Cost Of Items 844.00
Q919620AGW/MIS_QUOTES/QTXT - 1 -
City Of Delray Beach Florida
Verbal Vendor Quotation
.
Date: 07/22/91
Vendor Name: South Hills/Cord Cable
Contact:
Phone Number: (407) 994 - 4446
Information: Cabling specifications for recommended and alternate
communications configuration for extension of
Environmental Serv,ices LAN.
Cabling For Recommended Configuration
Item Description Quantity Unit Cost Total Cost
ST-TO-BNC (DUPLEX) 61
FOR IBM 8220 FIBER REPEATERS. 4 116.90 467.60
ST-TO-ST (DUPLEX) 61
FOR SIECOR CONNECTOR PANEL
CENTER (CPC). 2 116.90 233.80
YELLOW CROSSOVER CABLE 81 4 22.50 90.00
Total Cost Of Items 791.40
Cabling For Alternate Configuration
Item Description Quantity Unit Cost Total Cost
ST-TO-BNC (DUPLEX) 61
FOR IBM 8220 FIBER REPEATERS. 6 116.90 701.40
ST-TO-ST (DUPLEX) 6'
FOR SIECOR CONNECTOR PANEL
CENTER (CPC).' 2 116.90 233.80
YELLOW CROSSOVER CABLE 8' 4 22.50 90.00
Total Cost Of Items 1025.20
Q919620BGW/MIS_QUOTES/QTXT - 1 -
q,U
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAG E R{lr'1
SUBJECT: AGENDA ITEM # 9 R - MEETING OF AUGUST 13, 1991
ACCEPTANCE OF REPORT OF APPEALABLE LAND USE ITEMS
DATE: August 7, 1991
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period July 22nd
through August 12th. The following actions were considered during
this reporting period:
Planning and Zoning Board:
-Denied (4-0 vote), the preliminary plat for the Griffin Gate
Subdivision.
-Reaffirmed its previous position of approval (5-0 vote) of
the LDR text amendment (Ordinance No. 49-91) to allow
commercial activities on publicly owned lands in the
Community Facilities (CF) Zone District.
Site Plan Review and Appearance Board:
-Approved the architectural elevations plan associated with a
covered parking structure at The Arbors Building.
-Approved changes to the landscape plan for Fiduciary
Research, Inc.
Approved the site plan associated with the expansion of the
Delray Lincoln Mercury Dealership and concurrently waived the
requirement for sidewalks along Dixie and Federal Highways.
Action was tabled on the landscape plan.
The Historic Preservation Board did not hold a regular business
meeting during this reporting period. A detailed staff report is
attached as backup material for this item.
.iN
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C I T Y COMMISSION DOCUMENTATION
VID HARDEN, CITY MANAGER
I~~'D19&kOR
DEPARTMENT OF PLANNING AND ZONING
I~p.^ ~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF AUGUST 13, 1991
REPORT OF APPEALABLE LAND USE ITEMS
JULY 23, 1991 THRU AUGUST 12, 1991
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of July 23, 1991, through August
12, 1991.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
Ci ty 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.
City Commission Documentation
Report of Appealable Land Use Items
July 23, thru August 12, 1991
Page 2
PLANNING AND ZONING BOARD MEETING OF JULY 29, 1991
1- Denied by a vote of 4 to 0, the Preliminary Plat for the
Griffin Gate Subdivision. Denial of the subdivision request
was based on the failure to make positive findings with
respect to compatibility of land use.
The subject site is located on the east side of Swinton
Avenue, south of 4th Street. The proposal is to create 6
individual lots, which may accommodate duplex units or
single family units. An appeal has been filed by the
petitioner.
2. The Board reaffirmed its previous position of approval of
the LDR text amendment - Ordinance 49-91, Conditional Uses
to allow commercial activities on publicly owned lands in
the Community Facilities (CF) Zone District (Vote 5 to 0).
No other appealable items.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JULY 31, 1991
1- Approved the architectural elevations plan associated with
a covered parking structure at The Arbors Building, located
at 1690 S. Congress Avenue (Vote 7 to 0).
2. Approved changes to the landscape plan for Fiduciary
Research, Inc. located at 403 S.E. 1st Street (Vote 7 to 0).
3. Approved the site plan associated with the expansion of the
Delray Lincoln Mercury Dealership located on South Federal
Highway. The proposal involves the construction of a
two-story service building, a one story showroom and
extension of the existing customer write-up canopy.
Concurrently, the Board waived the requirement for sidewalks
along Dixie and Federal Highways.
The Board tabled action on the landscape plan pending
resolve of the perimeter landscape treatment along Federal
Highway. Also, upon consideration of the landscape plan,
the Board will make recommendations to the City Commission
relating to relief from several landscape requirements,
namely, relief from number of required internal trees and
perimeter trees; a reduction'to the width of the perimeter
landscape strip along Federal Highway; and reduction of five
internal landscape islands.
No other appealable items.
City Commission Documentation
Report of Appealable Land Use Items
July 23, thru August 12, 1991
Page 3
HISTORIC PRESERVATION BOARD: No Regular Business meeting was held
during this period
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Maps
JA/#58/CCAU.TXT
>1.1'
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August 13, 1991
RE: Conditions of approval for the Final
Plat for Rebecca's Landing~
Option C: The City Commission WO~ltl~e the re-plat as
submitted and currently grant '.7ariangos to accommodate the
following: moo'biCA-71on -J.o 'thE... .5'7'lHUJ17~
A. The placement of a dolphin upon the common lot
line between new Lots 1 and 2.
B. The placement of a finger pier on Lot 2 in such a
manner as to be as close as 15 feet from the
common property line between new Lot 1 and 2.
C. The placement of a finger pier on Lot 1 in such a
manner as to be as close as 15 feet from the
common property line between new Lot 1 and 2.
In addition, the following conditions shall apply to said
approval:
1- The most westerly dolphin on new Lot 2 shall not
be closer than 40 feet from the westerly property line of new Lot
2, when and if installed. After the installation of this most
westerly dolphin no boats may be moored closer than 40 feet from
the westerly property line of new Lot 2. No finger pier may be
installed west of this westerly dolphin. Prior to construction
of the above westerly dolphin or finger pier adjacent to new Lot
2, all boats docked parallel to the north property line of new
Lot 2 shall be docked with their bow facing westerly, and at
least 15 feet from the west property line of new Lot 2.
2. Nothing needs to be done with regard to moving the
existing finger pier on new Lot 1, until such time as a permit
application is filed for a finger pier on new Lot 2.
3 . That the existing finger pier adjacent to new lot
1 may be relocated in conformity with the above-referenced
variances, at any time, irrespective of whether or not any
application has been filed for a finger pier or dolphin
pertaining to new Lot 2.
. . ~~ uxi::/J
I
M E M 0 RAN DUM rm~ ~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 9.B - MEETING OF AUGUST 13, 1991
APPROVAL OF WAIVERS/FINAL PLAT RECONSIDERATION - REBECCA'S
LANDING
DATE: AUGUST 9, 1991
This item was previously discussed at both the January 29th and June
25th regular meetings. It involves approval of a final plat for a
boundary line adjustment to the plat for Rebecca's Landing, a waiver
of the sidewalk installation requirement, and the issue of what dock
or pier facilities are allowed for the new lot #2. As an impasse
existed between the affected parties with respect to the finger pier
locations, the City Commission, on June 25, 1991, remanded the matter
to the Planning Director for arbitration. As a result of these
efforts, an agreement between the parties has been reached, the
details of which are outlined in the accompanying documentation.
Recommend approval of two separate actions, as follows:
(1) Approve modifications to the standards for location of finger
piers and dolphins as follows:
( a) the placement of a dolphin upon the common lot line between
new Lots 1 and 2;
(b) the placement of a finger pier on Lot 2 in such a manner as
to be as close as 15 ft. from the common property line;
(c) the placement of a finger pier on Lot 1 in such a manner as
to be as close as 15 ft. from the common property line.
In addition, conditions of such approval shall be:
(1 ) that the westerly dolphin on Lot 2 shall not be closer than
forty feet (40' ) from the westerly property boundary;
(2 ) that nothing needs to be done with regard to moving the
existing finger pier until such time as a permit application
is filed for a finger pier on Lot 2;
(3 ) that the existing finger pier may be relocated in
conformance with the variances irrespective of any other
actions.
(2 ) Approve the final plat for Rebecca's Landing with the condition
that the following be added as a note to the plat:
"NOTE: Modifications to the standards for location of finger
piers and dolphins were granted by the Delray Beach City
Commission on August 13, 1991. The placement or relocation of
finger piers and dolphins associated with Lot 1 or Lot 2 shall be
in compliance with that action."
'-1(
tJv}
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~KOV ~~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 13, 1991
REBECCA'S LANDING WAIVERS PRECEDENT TO FINAL PLAT AND
FINAL PLAT RECONSIDERATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
grantinq waivers pertaininq to finqer pier locations and
then reconsideration and approval of the Final Plat for
Rebecca's Landing.
The project is a configuration of two lots. It is located
off Del-Harbour Drive.
BACKGROUND:
This item was before the City Commission for final plat
consideration on January 29, 1991, at which time conditional
approval was granted. On June 25th, the item was again before
the City Commission. Roger Saberson, representing the applicant
claimed that an impasse existed between his client and neighboring
property owners. After hearing the item, the City Commission
directed that the parties met with David Kovacs, in an
arbitration capacity, in an attempt to resolve the matter.
A meeting was held among all affected parties including the Chief
Building Official and the City Engineer. A set of alternatives
was presented by Mr. Kovacs. The attorneys for the parties
reached an agreement, the essence of which is contained in Mr.
Purdo's letter of August 6th (copy attached).
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board does not review petitions for
finger pier and dolphin locations. The Board had previously
recommended approval of the final plat.
City Commission Documentation
Rebecca's Landing Waivers Precedent to Final Plat
and Plat Reconsideration
Page 2
MODIFICATION OF STANDARDS:
Pursuant to Section 7.9.4(A), upon recommendation of the City
Engineer, the City Commission may grant a modification to
standards required for the placement and location of finger piers
and dolphins. The City Engineer supports the compromise presented
in this documentation. The actual modifications are contained in
the recommended action.
RECOMMENDED ACTION:
Two Separate Actions:
By motion, approved modifications to the standards for location
of finger piers and dolphins as follows:
(a) the placement of a dolphin upon the common lot line
between new Lots 1 and 2;
(b) the placement of a finger pier on Lot 2 in such a
manner as to be as close as 15' from the common
property line;
(c) the placement of a finger pier on Lot 1 in such a
manner as to be as close as 15' from the common
property line.
In addition, conditions of such approval shall be:
( 1 ) that the westerly dolphin on Lot 2 shall not be closer
than forth feet (40' ) from the westerly property
boundary;
( 2 ) that nothing needs to be done with regard to moving the
existing finger pier until such time as a permit
application is filed for a finger pier on Lot 2;
(3) that the existing finger pier may be relocated in
conformance with the variances irrespective of any
other actions.
By motion, approve the final plat for Rebecca's Landing with the
condition that the following be added as a note to the plat:
"NOTE: Modifications to the standards for location of
finger piers and dolphins were granted by the Delray Beach
City Commission on August 13, 1991. The placement or
relocation of finger piers and dolphins associated with Lot
1 or Lot 2 shall be in compliance with that action."
Attachments:
* Kovacs letter of July 12, 1991, setting for options
* Purdo letter of August 6th
_I'll
LAW OFFICES
MACMILLAN, STANLEY & PURDO
MACMILLAN BUILDING
29 NORTHEAST FOURTH AVENUE
P. 0, BOX 820
DELRAY BEACH, FLORIDA 33447-0820
NEIL E. MACMILLAN TELEPHONE
CAROL MACMILLAN STANLEY (407) 276-6363
THOMAS G. PURDO (407) 272-5757
August 6, 1991 (407) 737-6600
Mr. David Kovacs
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Final Plat for Rebecca's Landing
Dear David:
The undersigned represents Harbour Villas Condominium
Association, Inc. , which is the governing body for Harbour Villas
Condominium Association. The Board of Directors for Harbour
Villas Condominium Association, Inc. has authorized me to accept
the following proposal with regards to the dock, pier and dolphin
locations that could be constructed on Lot 2 of the proposed
re-plat of Rebecca's Landing.
My clients agree to option "C" as set forth by you in your
letter of July 12, 1991 and more specifically refined and agreed
to by Mr. Saberson as follows:
Option C: The City Commission would approve the re-plat as
submitted and currently grant variances to accommodate the
following:
A. The placement of a dolphin upon the common lot
line between new Lots 1 and 2.
B. The placement of a finger pier on Lot 2 in such a
manner as to be as close as 15 feet from the
common property line between new Lot 1 and 2.
C. The placement of a finger pier on Lot 1 in such a
manner as to be as close as 15 feet from the
common property line between new Lot 1 and 2.
In addition, the following conditions shall apply to said
approval:
1. The most westerly dolphin on new Lot 2 shall not
'"
August 6, 1991
Page Two
RE: Final Plat for Rebecca's Landing
be closer than 40 feet from the westerly property line of new Lot
2, when and if installed. Furthermore, no boats may be moored
west of the above westerly dolphin.
2. Nothing needs to be done with regard to moving the
existing finger pier on new Lot 1, until such time as a permit
application is filed for a finger pier on new Lot 2.
3 . That the existing finger pier adjacent to new lot
1 may be relocated in conformity with the above-referenced
variances, at any time, irrespective of whether or not any
application has been filed for a finger pier or dolphin
pertaining to new Lot 2.
Given the above agreement, Harbour Villas Condominium
Association, Inc. , shall not oppose the location of the
installation of a dolphin on new Lot 2 as long as it is
installed pursuant to the above agreement and consents to any
variances as required above for the new Lot 2 and new Lot 1.
I am requesting that the following language be added to the
plat:
The construction of any docks, piers or dolphins and the
mooring and locations of any boats on new Lot 2 shall be
subject to the terms and conditions of that certain
agreement between the Harbour Villas Association and Mrs.
Rebecca Berry filed as part of the City Commission minutes
and plat approval.
If this does not set forth our agreement, please advise me.
TGP/dws
cc: Roger Saberson (via fax & mail)
Mayor Thomas Lynch
City Manager
Robert Corbett
.
[IT' DF DELIA' BEA[H
100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407:243-700Cl
July 12, 1991
Roger Saberson, Esq.
70 S.E. 4th Avenue
Delray Beach, FL 33483
and
Thomas Purdo, Esq.
29 N.E. 4th Avenue
Delray Beach, FL 33483
Re: Rebecca's Landinq Dockaqe
This letter sets forth the options derived during our meeting of
Wednesday, July 11, 1991, at which time we discussed the creation
(or continuation) of a nonconforming situation with respect to
. the finger pier between Lots 16 and 17 (current designations) and
the effect of resubdivision into Lots 1 and 2 (proposed
designations).
With respect to the current situation, the City Commission may
act either to approve the replat and acknowledge the
nonconforming status of the existing finger pieri or, it may deny
the replat on the basis that it creates a nonconforming situation
wherein encroachment of existing structures upon the existing lot
line creat~a Unity of Ttitle situation.
In the following, the term "lot boundary" means the extension of
property lines into the waterway in a manner perpendicular to the
dock.
OPTION "A": The City Commission would approved the replat as
submitted with no specific action regarding future dockage.
However, the following information would be entered into our Land
Use Management System (computer) File and would be called up
whenever a permit application was received.
Under present codes, the minimum distance a dolphin can be
located from the western boundary of Lot 2 is 25'.
Similarly, 25' must be maintained from the eastern boundary
of Lot 2. Therefore, a finger pier cannot be constructed
and accommodate two boats, each properly secured. In that a
finger pier is normally to be for the purpose of docking two
boats, it is the present position of the City Engineer that
a permit for a finger pier would not be granted.
THE EFFORT ALWAYS MATTERS
. .
To: Roger Saberson, Esq.
Thomas Purdo, Esq.
Re: Rebecca's Landing Dockage
July 12, 1991
Page 2
Additional information and special conditions could be
considered and imposed if and when a permit application is
submitted. It is also noted that it is likely that Harbour
',.I,\\ccs Mqe Condominiums will oppose the granting of such a permit
based upon the intent of Section 7.9.1 not being complied
with.
OPTION "B": The City Commission would approved the replat as
submitted with no specific action regarding future dockage.
However, the following information would be entered into our Land
Use Management System (computer) File and would be called up
whenever a permit application was received.
In order to construct a finger pier on Lot 2 it will be
necessary to obtain a variance in order to locate a dolphin
within 25' of the easterly boundary of Lot 2. Assuming that
a variance is not pursued to locate the finger pier closer
than 25' to the easterly boundary, the dolphin variance, if
approved, should be conditioned upon the westerly dolphin
being no closer than thirty feet (30' ) from the westerly
boundary of Lot 2. If a variance is granted to locate the
finger pier closer to the easterly boundary, then a one foot
for one foot distance (in addition to the minimum 30' )
should be extended easterly from the west property boundary
to the west dolphin.
A determination of whether or not to grant any requested
variance will rest with the City Commission which sits at
the time of permit application. It is anticipated that
Harbour Bdqe,~ndominiums will oppose the granting of such a
permit based upon the intent of Section 7.9.1 not being
complied with. ~
-\h'\ C\)
OPTION "C": The City Commission would approved the replat as
submitted and concurrently grant variances to accommodate the
following:
(a) the placement of a dolphin upon the common lot line
between new Lots 1 and 2;
(b) the placement of a finger pier on Lot 2 in such a
manner as to be as close as 15' from the common
I "
property lineif"-\,~~ 'N:,h l ~'2..-
(c) the placement of a finger pier on Lot 1 in such a
manner as to be as close as 15' from the common
property line.
"
.. . .
.
To: Roger Saberson, Esq.
Thomas Purdo, Esq.
Re: Rebecca's Landing Dockage
July 12, 1991
Page 3
In addition, conditions of such approval shall be:
( 1) that the westerly dolphin on Lot 2 shall not be closer
than forty feet (40' ) from the westerly property
boundary<f\ c.I..,\...c;t ~
(2) that nothing needs to be done with regard to moving the
existing finger pier until such time as a permit
application is filed for a finger pier on Lot 2;
(3) that the existing finger pier may be relocated in
conformance Wi~ t::_ variances( ~~/--any-
o~etionSJ'\i.w-e,~ ~ del \- . 't~.. ( \,...<;\"-I..>..t-l \-\\( c......(
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(4 ) that in the event -any pri vate agreements,~hich may have
been entered into with respect to the compromise
represented by this Option "c" are not adhered to by
Harbour'~ Condominiums, the options identified as
"A" and/ r."B" may be pursued by the owner of Lot 2.
REQUEST: '- tll\ (,t-;
I request that each of you review the above options with your
clients and let me know which, if any, are acceptable. If you
desire any language changes, feel free to suggest them. Jeff
Kurtz will be the final drafter of any language which goes before
the City Commission.
I request you timely response to this matter so that the final
plat can be acted upon.
gc0>tj~u~
c:
Jeff Kurtz, City Attorney
Mark Gabriel, City Engineer
David Harden, City Manager
DJK/#82/DOCKS
,j,,"
F ,"'" . ..Ie
CITY COMMISSION DOCUMENTATION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
FROM: PAT CAYC~HISTORIC PRESERVATION PLANNER
THRU: STAN WEEDON, PLANNER III~
SUBJECT: MEETING OF AUGUST 13, 1991
APPEAL OF HISTORIC PRESERVATION BOARD DENIAL OF A
REQUEST FOR DEMOLITION OF A GARAGE LOCATED AT 36 PALM
SQUARE
BACKGROUND
On Monday, August 12, 1991, the Chief Building Official inspected
the interior of the garage located at 36 Palm Square and
discovered deterioration which was not visible from the exterior.
It is Mr. Sanzone's opinion that the building is beyond practical
attempt to repair or restore it for use as a workshop or storage
room and should be condemned.
I have contacted the five HPB members who voted on this item and
they concur that in view of Mr. Sanzone's inspection, the garage
should be demolished.
RECOMMENDATION
Pursuant to the Chief Building Official's memo ~~August 12, 1991
(attached), the Historic Preservation Boad withdraws its denial
and supports the applicant's request to demolish the garage.
~
~ S--O
.
MEMORANDUM
----------
TO: DAVID HARDEN, CITY MANAGER
THRU: LULA BUTLER, DIRECTOR OF COMMUNITY IMPROVEMENT~
FROM: JEROME SANZONE, CHIEF BUILDING OFFICI~,
SUBJECT:
GARAGE LOCATED AT 36 PALM SO
DATE: AUGUST 12, 1991
ITEM BEFORE THE COMMISSION
Demolition of the garage located at 36 Palm Square. Appeal of
the Historic Preservation Board action to deny demolition of the
garage.
BACKGROUND
On August 9, 1991 I performed an inspection at which time I
could not see the interior of this building. On August 12, 1991
Mr. Richard Raab met with me and I completed the inspection of
the interior. The roof is totally decayed and is unable to hold
its own weight. The walls are being held up by the stucco. It
would be more economical to demolish this garage than it would
be to attempt to rebuild it. This building would and should be
condemned. It is structural damage by termites and incipient
rot.
RECOMMENDATION
I recommend demolition of this building. It will be too costly
to rebuild. The building would not survive remodeling or
renovating without collapsing.
JS/dc
cc: Pat Cayce, Historic Preservation~-Plann';r>".
stan Weedon, Planner III
Disk:JS#4
B:palm.Sq
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trt/l
SUBJECT: AGENDA ITEM # qc..., - MEETING OF AUGUST 13, 1991
APPEAL OF HISTORIC PRESERVATION BOARD DECISIONj36 PALM
SQUARE
DATE: August 7 I 1991
This item is before you to consider an appeal of a Historic
Preservation Board decision denying a request to demolish a
free-standing garage located at 36 Palm Square.
The House and garage were constructed in 1937 and are located in the
Marina Historic District. Together they constitute one of the few
remaining examples of early residences and garages built at the same
time and designed to compliment one another.
The Historic Preservation Board at their July 17th meeting denied the
request based upon positive findings on three of five of the
guidelines used in evaluating applications for a certificate of
appropriateness for demolition of historic structures or
appurtenances, pursuant to Section 4.5. 1 (F)(l) of the Land
Development Regulations.
The applicant is appealing this decision based upon the following:
-The garage is dilapidated and is not worthy of repairs.
-The garage is too small to accommodate the owner's full size
car.
-The proposed 20' x 24' screened porch addition would be less
that two feet (approximately 20 inches) from the existing
garage, thus completely shielding any breezes.
-The owners are accustomed to taking most meals and living on
their former home's screened porch and choose to continue
their lifestyle.
-They prefer a view of lush tropical landscaping rather than
the side of a dilapidated garage.
In response to those items address by the applicant, staff has found
that:
A. The garage has not been condemned and appears in good repair.
B. While the building is not large enough to serve as a garage,
except for a sports car, the Historic Preservation Board would
approve the addition of windows or doors, providing the cost does
not exceed 10% of the replacement cost of the building.
C. There is sufficient room in the rear yard to construct a
reconfigured 280 square foot screened porch without demolishing
the garage.
D. Reconfiguration of the garage would provide additional space
between the porch and the garage and would provide for breeze
III'
AGENDA REPORT
Meeting of 8/13/91
circulation.
E. Lush tropical landscaping can be provided with plantings on
the north and west property lines and by trellised vines reaching
over the garage wall on the south.
The Director of Planning and Zoning recommends that the decision of
the Historic Preservation Board be upheld and the appeal denied based
upon the Board's findings pursuant to Section 4.5.1 (F)(l) of the Land
Development Regulations.
- 2 -
CITY COMMISSION DOCUMENTATION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
FROM: PAT CAYCE~ISTORIC PRESERVATION PLANNER
THRU: STAN WEEDON, PLANNER II~
SUBJECT: MEETING OF AUGUST 13, 1991
APPEAL OF HISTORIC PRESERVATION BOARD DENIAL OF A
REQUEST FOR DEMOLITION OF A GARAGE LOCATED AT 36 PALM
SQUARE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Clty Commisslon is that of reversal
of an Historic Preservation Board action which denied the
demolition of a free standing garage in the Marina Historic
District.
The appeal has been filed by the applicant, Richard Raab,
President of MTR Development Company, acting as the owner's
authorized agent.
BACKGROUND
Constructed in 1937, the house and garage located at 36 Palm
Square are both contributing buildings (built before 1943) in the
Marina Historic District. Together they constitute one of the few
remaining examples of early residence and garage built at the
same time and designed to compliment each other.
The construction of a house and detached garage in matching
architectural style on small suburban lots began in the 1920's.
Previous to this, existing out-buildings, barns or carriage
houses were utilized for car storage. In the prosperity of the
1920's there was a strong demand for owner occupied, single
family, middle class housing. These small houses were designed
to be aesthetically pleasing, economical and practical to live
in, and integrated to the surrounding neighborhood. with the
increasing importance of the automobile to suburban family life
the small but matching one car garage came into fashion as both a
function and a form.
During the post WW II building boom of the late 1940' s garages
became an integral, attached part of the house, either enclosed,
or in mild climates as an attached open carport.
Page Two
Historically we are looking at roughly a 25 year window when
attractive small suburban houses were built with matching
detached garages. Though many of these were built in Delray
Beach, very few of the garages remain. Thirty six Palm Square
represents an historically accurate example of this period in
American architecture.
HISTORIC PRESERVATION BOARD CONSIDERATION
The Historic Preservation Board considered this item at its
meeting of July 17, 1991. The Board uses as its criteria for
demolition Section 4.5.1 (F)(l) of the Land Development
Regulations (attached) .
With this for a guide the following conclusions were made:
Pursuant to 4.5.1 (F)(l):
( a) No, the garage would not reasonably fulfill the criteria
for listing on the National Register.
(b) Yes, it would be difficult and expensive to reproduce the
garage.
(c) Yes, there is only one other in the Marina Historic
District.
(d) Yes, as described above, the small house and matching single
car garage relate to a definite period of the built
history in Delray Beach.
(e) No, there are no plans to utilize the site of the garage.
The garage does not conform to the current setback
requirements and therefor nothing could be built on the
site without variances for setback relief.
The vote was 5-0, Wayne Campbell and Spencer Pompey absent.
.
BASIS OF APPEAL
The appeal letter (copy attached) cites the following reasons as
a basis for the appeal:
l. The dilapidated 10' x 20', 63 year old garage is not worthy
of costly repairs.
2. It is too small for the owner's full size car.
3. The proposed 20' x 24' screened porch addition would be less
than 2 ft. (20 inches) from the existing garage, thus
completely shielding any breezes the owners hope to enjoy.
Page Three
4. The owners are accustomed to taking most meals and living on
their former home's screened porch and choose to continue
their existing lifestyle.
5. They prefer a view of lush tropical landscaping rather than
the side of a dilapidated garage.
In response to these items the following comments are offered:
1. The garage has not been condemned and appears in good
repair.
2. The building is not large enough to serve as a garage except
for a sports car. However the HPB would approve the
addition of windows or doors, providing the cost does not
exceed 10% of the replacement cost of the building so that
the structure can be used for a workshop or storage.
3. There is sufficient room in the rear yard to construct a
reconfigured 280 square foot screened porch in the rear yard
without demolishing the garage.
4. By reconfiguration, additional space between porch and
garage
would allow the breezes to circulate.
5 Lush tropical landscaping could be provided with plantings
on the north and west property lines and by trellised vines
reaching over the garage wall on the south.
ALTERNATIVE ACTIONS
1. Overrule the HPB's action and permit the demolition of the
existing garage, or
2. Determine that the HPB's action was appropriate given the
findings made pursuant to Section 4.5.1 (F)(1) of the LDR's
and deny the appeal.
3. Remand the item to the HPB for reconsideration of the
previous action.
RECOMMENDED ACTION
Based upon the HPB's findings pursuant to Section 4.5.1 (F)(1) of
the Land Development Regulations, deny the appeal.
Attachments: Section 4.5.1 (F)(1) of the LDR's
Appeal letter dated August 1, 1991
f !J~ / (F )
( 1 ) The Historic Preservation Board upon a request for
demolition by a property owner, shall consider the following
guidelines in evaluating applications for a certificate of
appropriateness for demolition of designated historic sites,
historic interiors, or buildings, structures, or appurtenances
within designated historic districts;
(a) Whether the structure is of such interest or
quality that it would reasonably fulfill
criteria for designation for listing on the
national register.
(b) Whether the structure is of such design,
craftsmanship, or material that it could be
reproduced only with great difficulty or
economically nonviable expense.
(c) Whether the structure is one of the last
remaining examples of its kind in the
designated historic district within the
city.
( d) Whether retaining the structure would promote
the general welfare of the city by providing
an opportunity to study local history,
architecture, and design, or by developing an
understanding of the importance and value of
a particular culture and heritage.
(e) Whether there are definite plans for
immediate reuse of the property if the
proposed demolition is carried out, and
what effect those plans will have on the
character of the surrounding area.
(2) No decision of the Board shall result in undue
economic hardship f or the property owner. The Board shall have
authority to determine the existence of such hardship in
accordance with the definition of undue economic hardship found
in Subsection (H).
( 3) The Board's refusal to grant a Certificate of
Appropriateness requested by a property owner for the purpose of
demolition will be supported by a written statement describing
the public interest that the Board seeks to preserve.
( 4 ) The Board may grant a certificate of
appropriateness as requested by a property owner, for demolition
which may provide for a delayed effective date. The effective
date of the certificate will be determined by the Board based on
the relative significance of the structure and the probable time
4.5.7
; ~ .
August 1, 1991
50 PALM SQUARE, DELRAY BEACH,FLORIDA 33444 -'.'
, ,
Richard L. RJdb
President (305) 272 - 7280
Mr. David Harden, City Manager
City Hall - 100 NW 1st Ave. RE: Appeal Historic Preservation
Delray Beach, FL 33444 Board's denial of garage
demolition on July 17, 1991
Dear David:
The owner of 36 Palm Square, Georgina Barnard, has requested that
I appeal the enclosed demolition denial for the following reasons:
1 - The delapidated 10' X 20' , 63 year old garage is not worthy
of costly repairs.
2 - It is too small for the owner's full size car.
3 - The proposed 20' X 24' screened porch addition would be less
than 2 ft. (20 inches) from the existing garage, thus
completely shielding any breezes the owners hope to enjoy.
4 - The owners are accustomed to taking most meals and living
on their former home's screened porch and choose to continue
their existing'lifestyle.
S - They prefer a view of lush tropical landscaping rather than
the side of delapidated garage.
I have spoken to Lula Butler regarding the garage and she has
agreed to have a building official investigate for possible
condemnation prior to the Ci~y Commission's action on this appeal.
If the Commission grants the garage demolition, the owner will appl~
for a building permit and proceed with construction as soon as
possible, therefore, we would appreciate being placed on an early
workshop agenda at which time I will represent the owner. Please
notify me of the workshop date.
cc: Georgina Barnard
Lu1a Butler
Patricia Cayce
encl: Site plan
Historic Board record of action
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(ITY DF DELIAY BEAEH
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243- /00'-1
July 18, 1991
Mr. Richard Raab
50 Palm Square
Delray Beach, FL 33483
Dear Mr. Raab,
The following is a record of the action taken on your request for
a Certificate of Appropriateness.
COA 8-154
36 PALM SQUARE
GEORGINA BARNARD, O\vNER
PRESENTED BY RICHARD RAAB, AUTHORIZED AGENT
Requested: Demolition of detached garage
Demolition of attached utility room
Construction of screened porch on rear of house
At its regular meeting on July 17, 1991 the Historic Preservation
Board took the following action on COA 8-154:
1. Denied approval to demolish the detached garage located on
the south west corner of the lot. The vote was 5-0.
The decision was based on several factors:
A. The garage is a contributing structure which was built
when the house was constructed in 1937. It is one of the
few remaining examples of house and garage built to
complement each other, which still remains in the Marina
historic district.
B. The building has not been condemned.
C. There is sufficient room in the rear yard to build the
proposed screen porch addition without demolishing the
garage.
D. The garage does not meet the current setback requirements
and if it is demolished nothing could be built on the
site without a variance being granted for setback relief.
THE EFFORT ALWAYS MATTERS
Richard Raab
July 18, 1991
Page 2
2. Approved the demolition of the attached utility room. The
utility room was a later addition to the original structure.
Approved the construction of the screened porch.
The vote was 5-0.
If the owners want to proceed with the porch construction withou~
demolition of the garage you may apply for the building permits
at your convenience.
If the owners wish to appeal the Historic Preservation Board's
decision they may do so by applying to the City Commission on or
before 30 days from the date of the Board's action.
Please phone me 243-7284 if you have any questions or if I can be
of any assistance.
Sincerely,
f1r~
Patricia Cayce
Historic Preservation Planner
c: Georgina Barnard, Owner
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER p;Vl
SUBJECT: AGENDA ITEM # 90 - MEETING OF AUGUST 13, 1991
APPEAL OF PLANNING AND ZONING BOARD DECISION/GRIFFIN GATE
DATE: August 7 , 1991
This item is before you to consider an appeal of a Planning and Zoning
Board decision denying a preliminary plat for the proposed Griffin
Gate subdivision located on the southeast corner of Swinton Avenue and
S.E. 4th Street. The development proposal for this site involves the
subdividing of two parcels, totalling 1.5 acres in land area, into six
separate lots under RM (Multi- Family Residential) District zoning.
The Planning and Zoning Board at their July 29th meeting denied the
preliminary plat (4-0 vote) , based upon a finding that there would be
a resulting incompatibility of land use between single family detached
and/or duplex units and the existing land uses of f
commercial/industrial to the east, the Drug Abuse Foundation to the
west, multiple family to the south, and being located along a County
collector roadway. A detailed staff report is attached as backup
material for this item.
The applicant has filed an appeal of the decision based upon the
following:
-RiA use is acceptable in RM zone.
-Swinton Avenue, on the west side, is either single family or
duplex from 10th Street to Atlantic Avenue, except for the
church and Utilities of City.
-Swinton Avenue on the east side, from this property north to
1st Street, is either single family, or multi- family with
predominant usage being single family.
-The entire block, immediately north, is single family.
Additionally, the applicant feels that as long as a zoning change has
not been requested, that the Planning and Zoning Board should not have
authority to deny their request.
The Director of Planning and Zoning recommends that the Commission
uphold findings of the Planning and Zoning Board and deny the appeal.
It should be noted that if contrary action is to be taken, findings
should be made as to compatibility of the resulting land use on
individual lots.
~8LW .5-0
- IIpp/l(!.t:Jt)f WR-nrs
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
XoOML-
FROM: ID J. o ACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 13, 1991
APPEAL OF PLANNING AND ZONING BOARD DENIAL OF THE
PRELIMINARY PLAT FOR THE GRIFFIN GATE SUBDIVISION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of a Planning and Zoning Board action which denied
a preliminary plat for the proposed Griffin Gate
Subdivision.
The project involves subdividing two parcels ( 1. 5 acre land
area) into six separate lots under RM zoning. It is located
at the southeast corner of Swinton Avenue and SE 4th Street.
BACKGROUND:
Please refer to the Planning and Zoning Board staff report for a
description and analysis of the project.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of July 22nd, the Board first considered the plat
and deferred action to a special meeting of July 29th. While the
following items were of concern and debate:
* provision of a ten foot special landscape area along Swinton
with the developer installing improvements and the City
maintaining them thereafter;
* the need to improve NE 1st Avenue beyond its current 17'
width with the ultimate width to be between 20' to 24'
depending upon engineering design requirements;
* installation of a sidewalk along N.E. 1st Avenue;
* providing for rough site grading of the entire site as a
site improvement,
,
City Commission Documentation
Appeal of Planning and Zoning Board Denial of the
Preliminary Plat for The Griffin Gate Subdivision
Page 2
The real issue before the Board was "should individual lot
development be allowed or should we encourage a single
development of multiple family land use, thus having more site
design flexibility?" Besides multiple family use such design
flexibility could be achieved through an overall site development
approach (master site plan as opposed to individual lot
development). Also, such flexibility could mitigate adverse land
use relationships between single family detached homes (or
townhomes) and the adjacent land uses.
On a 4-0 vote, the Board denied the preliminary plat based upon a
resulting incompatibility of land use between single family
detached and/or duplex units and the existing land uses of
commercial/industrial to the east, the Drug Abuse Foundation to
the west, multiple family to the south, and being located along a
County Collector roadway.
The applicant was informed of the appeal process and an appeal
letter was filed in a timely and appropriate manner. A copy of
the appeal letter is attached.
RECOMMENDED ACTION:
By motion, support the findings and action of the Planning and
Zoning Board and deny the appeal.
Note: If a contrary action is to be taken, findings should
be made as to compatibility of the resulting land use on
individual lots.
Attachment:
* Appeal Letter
* P&Z Staff Report & Documentation of July 22nd
DJK/#85/CCGRIF.txt
'1.1'
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Fred L. Griffin
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RECE\VED
1050 S. Federal Hgwy. 11130 cg 16 I q ( (-:j nl (407)
Delrav Beach, Fl. 33483 272-3352
COY CLERK
August 2, 1991
City of Delray Beach
ATTN: City Clerk
100 N. W. 1st Ave.,
Delray Beach, Florida 33444
RE: Preliminary Plat reauest to subdivide Block 1, Lots 1
and 2, Swinton Oaks, into 6 individual lots for single
family and duplex units.
Dear City Clerk:
At the meeting of July 29, 1991, subject plat was rejected
by the Planning & Zoning Board. This was rejected pursuant
to Chapter 3.3.3.(E) - Compatibility regarding land use. We
choose to appeal this action based on the following information:
1. RIA use is acceptable in RM zone.
2. Swinton Avenue, on the west side, is either single family
or duplex from loth st. to Atlantic Ave. except for the
church and utilities of City.
3. Swinton Avenue on the east side, from this property north
to 1st st., is either single family or multi-family with
predominant usage being single family.
4. The entire block, immediately north, is single family.
We request that based on this information, the subdivision
plat be approved as submitted. As long as a zoning change has
not been requested, Planning & Zoning should not have the authority
to deny our request. All lot sizes meet current city requirements.
'I'.
August 2, 1991
City of Delray Beach
RE: Preliminary Plat request:
Pal:le -2-
The owners of this property, D.E. & E. D. stewart, are
being represented in this by Fred Griffin of Fred Griffin
Construction, Inc.
Yours /},ruly, , ;:;/ !
/-:0' // .vl/", _J __
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Fred L. Griffi~"J
Fred Griffin Co struction, Inc.
xc: file
PLANNING & ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
.
\U. .NO DATE: July 22, 1991
~GENDA ITEM: IV.A.
ITEM: Consideration of a Preliminary Plat Submission for Griffin Gate Subdivision
Swinton Avenue South of 4th Street.
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LW. 4111 STIlET
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Owner...........................D.E. Stewart & E.D. Stewart
Agen t. . . . . . . . . . . . . . . . . . . . . . . . . . . Fred Gr iff i n
Location........................On the southeast corner of
Swinton Avenue and S.E. 4th
Street.
Property Size...................l.27 Acres
City Land Use Plan..............Medium Density 5-12 du/acre.
City Zoning.....................RM (Multi-Family Residential)
Adjacent Zoning.................Land to the west of the subject
property is zoned CF (Community
Facilities), land to the east of
is GC (General Commercial), land
to the north and south is zoned
RM.
Existing Land Use...............Unimproved vacant land.
Proposed Land Use...............Six (6) single family lots.
Water Service...................Existing on site.
Sewer Service...................existing on site. IV.A.
.1.1'
~
ITEM BEFORE THE BOARD:
The item before the Board is action on a preliminary plat for
Griffin Gate subdivision.
The subject property is portion of Swinton Oaks Subdivision,
Block 1, Lots 2 and 3, located south of S.E 4th Street, between
Swinton Avenue and S.E. 1st Avenue. The site contains
approximately 1.27 Acres.
Note: By definition this plat is considered a major subdivision,
as it involves the creation of more than 2 lots and dedication of
additional right-of-way. Per the LDR'S, a final plat may receive
a conditional certification by the Planning and Z9ning Board.
BACKGROUND:
At its meeting of September 22, 1981, the City Commission
approved a final plat for Swinton Oaks subdivision. The proposal
was to provide 3 lots with 21 multi-family units. Eight (8)
multi-family units were built on Lot 1. No development occurred
on Lots 2 and 3.
On June 7, 1991, the Planning Department received a petition for
Griffin Gate Plat being a replat of Lots 2 and 3. Upon further
review of the petition, staff had concerns regarding access to
the lots and requested that a sketch plan be submitted.
The plat and the sketch plans are now before the Board for a
recommendation.
PROJECT DESCRIPTION:
Lots 2 and 3 are currently vacant. The proposal is to create 6
individual lots. Duplex units are proposed for Lots 1,5 and 6.
Single family units are proposed for Lots 2,3 and 4. Access to
Lot 1 will be from S.E. 4th Street. The balance of the lots will
have access onto S.E. 1st Avenue. We note, however, that
duplexes may be constructed upon any or all of the new lots.
PLAT ANALYSIS:
REQUIRED FINDINGS - CHAPTER THREE:
Pursuant to Section 3.1.1 (Required Finding) prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
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; Concurrency,
Consistency with the Future Land Use Map, Compatibility with
,,"
P&Z Staff Report
Griffin Gate Plat
Page 2
the Comprehensive Plan Policies and Compliance with Land
Development Regulations.
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 subject property is zoned RM (Multi-Family Residential). The
Future Land Use Map designation is Medium Residential. The zoning
district is consistent with the land use designation.
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 the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there is a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
Water/Sewer:
Water and sewer are readily available to the site. The only
extensions required are that of service latterals to the
individual lots.
Drainage:
No drainage plans have been submitted to date. There is an
approximate 3' slope from Swinton Avenue to S.E. 1st Street. Per
-Code, the finished floor elevation must be 18" above the average
crown of road. Since this is not a unified development where
drainage would be addressed for the entire site, it would be
appropriate to provide a preliminary drainage plan, in order to
determine if rough grading or other measures should be imposed as
a condition of approval.
Streets and Traffic:
The initial sketch plan showed access to the units from Swinton
Avenue. Per the County's Roadway Classification, Table T-4 in
the Traffic Element provides for Swinton Avenue as a collector
street with a right-of-way width of 60'.
'1-1'
P&Z staff Report
Griffin Gate Plat
Page 3
~
Pursuant to Section 6.1.2(A)(7), limited access easements are
required along arterial and collector streets except for approved
points of ingress and egress. The City Traffic Engineer
determined that back-out parking onto Swinton Avenue creates an
unsafe situation. Thus, requiring access from S.E. 1st Avenue.
The plat was revised to reflect a 5' limited access easement
along Swinton Avenue.
Pursuant to Section 6.1.2(A)(5), Where development abuts an
arterial street, the City may require reverse frontages with
screen planting contained in a non-access easement. Although,
Swinton is a collecter street, it would be appropriate to require
some sort of screening along the non-access easement. The screen
material may be in a form of plant material or wall as
appropriate.
S.E. 1st Avenue has a pavement width of 17 feet. Pursuant to
Section 6.1.2(B)(3)(a), the pavement width of a local street is
24' . The applicant has formally requested that the above
requirement be waived for S.E. 1st Avenue. The applicant's
justification stated that "the widening of the street would place
a cost burden on the residential development to the benefit of
the commercial uses to the east".
Upon the recommendation of the City Engineer with the approval of
the Fire Marshal, the City Commission may authorize a reduction
in the minimum required width of paving, if it would constitute a
hardship and the reduction does no endanger public safety and
welfare.
The City Engineer has determined that the widening of the
pavement is required for that portion of S.E. 1st Avenue which
abuts the subject property. Thus, he is not . recommending
acceptance of the current situation.
Sidewalks
Pursuant to Section 6.3.1, a 5' sidewalk is required along S.E.
1st Avenue, S.E. 4th Street and Swinton Avenue. There is an
existing sidewalk along Swinton Avenue and a proposed sidewalk
along S.E. 4th Street. The applicant is requesting a waiver for
the required sidewalk along S.E. 1st Avenue. The applicant's
justification states that "the subject street adjoins an
industrial development and that a 5' concrete walk is provided on
Swinton Avenue and S.E. 4th Street which would be used by
pedestrians".
No building (architectural) elevations were provided. However,
if a front door or side doors are provided along' Swinton Avenue,
pedestrian access would be appropriate from the units to Swinton.
It might then be appropriate to waive the above requirement.
Also, it is noted that the existing sidewalk (along Swinton) may
need to be reconstructed. If so, the reconstruction will be a
cost of development.
'I ,~
P&Z Staff Report
Griffin Gate Plat
Page 4
Parks and Solid Waste:
Solid waste will be accommodated by curb-side pick up. Single
family residences create a minimal impact on the land fills.
Per Section 5.3.2(C), a park impact fee of $500.00 shall be
assessed per unit for the purpose of providing park and
recreation facilities.
SECTION 3.3.3 STANDARDS FOR PLAT ACTION:
a. Building design, landscaping and light (glare) shall be such
that they do not create unwarranted distractions or blockage
of visibility as it pertains to traffic circulation.
Building design and landscaping does not create any unwarranted
distractions as it pertains to traffic circulatIon. No street
lights have been provided along any the streets abutting the
property. However, pursuant to Section 6.1.5 street lights are
required. Street lights should be provided along 4th Street and
1st Avenue where the driveways are proposed. It may be
appropriate to waive the requirement along Swinton since this
will be the rear yards of the units.
b. Appropriate separation of travelways is made for vehicles,
bicycles, and pedestrians.
See discussion under Sidewalks on previous page.
c. Open space enhancements.
Twenty-five percent (25%> of non-vehicular open space is
required. This development exceeds this requirement.
d. That any street widening associated with the development
shall not be detrimental upon desired character and
cohesiveness of affected residential area.
See discussion under Streets and Traffic on page 2 of ,this
report.
e. Development of vacant land which is zoned for residential
purposes shall be planned in a manner which is consistent
with adjacent development regardless of zoning designations.
To the north and south is zoned RM, to the west is zoned CF and
to the east is zoned Ge. It's questionable whether or not single
family or duplex development is appropriate upon this RM zoned
property.
Pursuant to Section 4.6.3(B), where commercially zoned property
is adjacent to, but separated by a street from single family
'(I'
P&Z Staff Report
Griffin Gate Plat
Page 5
~
zoned property, the commercially zoned property shall not use
such separating street as access unless no other means of ingress
and egress to the commercially zoned property exists.
Since there is no other means of ingress and egress for the
commercially zoned property, there is an even greater impact on
the single family residential units.
A multi-family development could provide for the following: one
point of ingress/egress to the parking area; thus, eliminating
the need for backout parking; provisions for a wall or fence; the
units could be designed where the outdoor living area is oriented
to the interior of the site; thus, eliminating the rear yards
along Swinton.
f. Vacant property shall be developed in a manner so that the
future use and intensity are appropriate in terms of soil,
topographic, and other applicable physical considerations;
complementary to adjacent land uses; and fulfills remaining
land use needs.
The proposed development is less intense regarding density.
However, creates a greater intensity in terms of soil,
topographic and physical considerations (drainage) by providing 6
individual lots verses a single lot with unified control over the
development of the land.
g. In order to provide for more balanced demographic mix, the
development of "large scale adult orientated communities" on
the remaining vacant land is discouraged.
This development meets this standard.
OTHER:
Wellfield Zone:
The subject property is located in Wellfield Zone 1 and 2.
Pursuant to Section 11(c) of the Wellfield Protection Ordinance
this development is exempt from filing an Affidavit of
Notification.
Architectural Elevation Review:
Pursuant to Section 2.4.5(1) duplex elevations will require
approval from the Site Plan Review and Appearance Board.
Swinton Avenue Beautification:
The Decade of Excellence Bond has allocated $500,000.00 for
Swinton Beautification from South 10th Street to the north City
limits. The plan will include planting of street trees, improved
swales, street lights, etc.
.j'I'
P&Z Staff Report
Griffin Gate Plat
Page 6
Since this is a single lot development, there would normally not
be a mechanism to accommodate a unified landscape plan along
Swinton Avenue. However, it may be appropriate to provide a 10'
landscape easement along Swinton to compliment the Swinton
Beautification program. The developer would provide the
landscape material and the City would maintain it along with the
balance of the Swinton improvements. This would allow for a
unified look along Swinton, instead of 6 different rear yard
treatments.
LDR REQUIREMENTS:
Within the Medium Density Residential (RM) District, single
family detached dwellings and duplex structures are allowed as
principal uses. However, the following standards apply:
Section 4.4.6(F)(1), the provisions for the R-I-A District shall
apply for single family detached dwellings.
All the lots meet the development standards setforth in the
R-l-A district.
Section 4.4.6(H)(1), a minimum density of 6 units per acre is
established for duplex and multiple family housing projects
within this district. Density may exceed by the base of 6 units
per acre only upon a determination by the Local Planning Agency
that the resulting development is harmonious with adjacent
properties and does not adversely affect areas of environmental
significance.
There is a potential to provide up to 15 multi-family units on
this site, 12 units if all the lots where duplexes. The site
does not have any environmental significance. However, the
Planning and Zoning Board must make a finding that the resulting
development is harmonious with adjacent properties.
Section 4.4.6(H)(2), Notwithstanding the above, a duplex may be
situated upon a platted lot pursuant' to Section 4.3.4(I)(3)(b).
This section states that on a platted lot of 8,000 sq. ft.,
duplexes are allowed.
All the lots have a minimum of 8,000 sq. ft.. There is a
potential of developing all the lots as duplexes.
TECHNICAL REVIEW ITEMS:
On Plat:
1. Provide statement per Florida Statutes "There may be
additional restrictions that are not recorded on this plat
that may be found in the public records of this County".
2. Permanent is misspelled under legend.
","
P&Z Staff Report
Griffin Gate Plat
Page 7
.
3. Limited access easement is to dedicated to the City of
Delray Beach for the purpose of limiting access to the
adjacent lots.
4. The utility easement dedication shall read "the utility
easements are hereby dedicated to the public in perpetuity
for the maintenance and repair of utilities located within".
5. Under City approvals, change as follows; Chairman, Planning
and Zoning Board; Director, Planning and Zoning Department;
Fire Marshall; Director, Parks and Recreation Department;
Director, Public Utilities Department
6. On the location map remove Old Dixie Highway reference.
Indicate the Federal Highways, and the Intracoastal. Also
S. Swinton Avenue does extend south of S.E. 10th Street.
Landscape Item:
1. Street trees are to be provided inside property line.
Adjust accordingly.
ASSESSMENT:
The major issues associated with the proposal is the image that 6
individual lots presents along Swinton Avenue and the
appropriateness of land use of single-family verses multi-family
development. The proposed lots create a double frontage
situation where the rear yards front on Swinton Avenue. Goal
Area "A" in the Future Land Use Element, states that the
remaining vacant land within the planning area shall be developed
in such a manner as to enhance the existing quality of life and
compliment existing land use.
It's questionable whether or not this single family development
can met the goal of providing a quality of life adjacent to a
commercial zone district with rear yards facing Swinton Avenue
without any mitigation measures.
ALTERNATIVE COURSES OF ACTION:
1. Accept as submitted.
2. Approve the preliminary plat with conditions.
3. Deny the preliminary plat request based on a failure to make
a positive finding in regards to Land Use.
.
P&Z Staff Report
Griffin Gate Plat
Page 8
~
RECOMMENDED ACTION:
By separate motions:
1. Approve the preliminary plat for the Replat of Block 1, Lots
2 and 3 for Swinton Oaks, based upon supportive findings
made pursuant to LOR Chapter 3 and LOR Section 2.4.5(J}, as
referenced in the staff report, and subject to the following
conditions and waivers:
Waivers:
A. Deny the request for waiving the 5'sidewalk along S.E.
1st Avenue.
Conditions:
A. That 24' of pavement be provided for S.E. 1st Avenue.
B. That a 5' sidewalk be provided for S.E. 1st Avenue.
C. That a 10' landscape easement be provided along Swinton
Avenue and the proposed landscape material is to be
coordinated with Swinton Avenue Beautification plan.
The landscaping is to be installed concurrent with plat
approval. The landscaping plan shall be provided as a
part of the final plat submission.
o. That a grading and drainage plan be provided as a part
of the final plat submission.
E. That street lights be provided along S.E. 1st Avenue
and 4th Street and be provided as part ,of the final
plat submission.
F. That the Technical Platting Items identified as 1
through 6, page 5 of the staff report, be addressed as
part of the final plat submission.
JM/f6/GRIFFIN1.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERP;U/
SUBJECT: AGENDA ITEM # q ~--' - MEETING OF AUGUST 13 / 1991
CHANGE ORDER NO. l/RIC-MAN INTERNATIONAL, INC.
DATE: August 7 , 1991
This is a change order to the contract between the City and Ric-Man
International, Inc. in the amount of $112,852 for the installation of
water, sewer and drainage improvements on N.E. 1st Avenue, N.E. 1st
Street and the adjacent alleyways in conjunction with the Old School
Square project. This change order accelerates infrastructure
improvements scheduled for this area and permits the work to be done
prior to repaving of these roadways. The project is proposed to be
paid for as follows:
-Water line installation - $53,917.38 - 1991 Revenue
Bond/Construction Water Distribution System Improvements (Account
No. 447-5174-536-61.78) . Account balance $284,468.
-Sewer line installation - $37,571.97 - Water and Sewer Operating
Capital, Equipment Other (Account No. 441-5161-536-60.90) .
Account balance $99,500.
-Drainage line installation - $21,362.64 - Decade of
Excellence/Old School Square Historical Renovations (Account No.
225-3169-559-61.69) . Account balance $303,522.
The proposed schedule included completing all construction on N.E. 1st '"'
Avenue by August 16, 1991 and completion of all alley sewer and
watermains on N.E. 1st Street by August 30, 1991.
Recommend approval of Change Order No. 1 to the contract between the
City and Ric-Man International, Inc. in the amount of $112,852 with
funding as indicated above.
.
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: August 6, 1991
~ Regular Agenda ____Special Agenda ____Workshop Agenda
When: 8/13/91
Description of agenda item (who, what, where, how much)____
Re uest Cit Commission to approve Change Order No.1 to S. E. 1st Street
subaquaeous crossing (ES Project No. 90-59) in the amount of 2,852.00
for water, sewer and drainage improvements adjacent to Old School Square.
Funding Source: Water 447-5174-536-61.78 ($ 53,917.39), Sewer 441-5161-536-60.90
($37,571.97), Drainage 225-3169-559-61.69 ($21,362.64).
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Change Order No. 1 to
Ric-Man Construction in the amount of $ 112,852.00.
Department Head signature: ;jJ/~;f1.p~ -.--iJ ~;:'I
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 alternatives (if aPllicable)
Account No. & DeSC~ip.tionA47-~174--~.~I.:')D WItrt.'e D\S1l? ItI\PRV.
Account Balance~ ~l~
C't MR' qq ,sro 441-.Slbl-&3b.W.-qO'~ TQam1,.,-,.n-
1. y anager eV1.ew: ?O?S C--NI
'-- j 22 Zz~~f. fb'1-58i.hl-bQ HI~1 KB1.Jo\J
Approved for agenda: (NES/NO ~' ~
Hold until: ~ [1/- .
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
-
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER ~
THRU: WILLIAM H. GREENWOOD ~~
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: MARK A. GABRIEL, P.E~~
ASST. DIRECTOR OF EN R MENTAL SERVICES/CITY
ENGINEER
DATE: AUGUST 5, 1991
SUBJECT: OLD SCHOOL SQUARE
WATER, SEWER AND DRAINAGE CONSTRUCTION
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Confirming our conversation earlier today, the break-down of
costs for the above referenced work, from Ric-Man
Construction, versus the prices from Stinson-Head (Old
School Square's Contractor) are as follows:
RIC-MAN STINSEN-HEAD FUNDING
Water $ 53,917.39 $ 61,017.74 447-5174-536-61.78
Sewer 37,571.97 42,749.33 441-5161-536-60.90
Drainage 21,362.64 22,667.36 225-3169-559-61.69
TOTAL $ 112,852.00 $ 126,434.43
The Contractor proposes the following schedule:
1. Substantially complete all construction on N. W.
1st Avenue by August 16, 1991. This will permit
curb and pavement construction to begin following
Commission approval August 13, 1991.
2. Substantially complete alley sewer and watermain
on N. W. 1st Street by August 30, 1991.
Based on receipt of a Notice to Proceed today, Contractor
will being construction Thursday, August 8, 1991.
MAG:kt
MGDH85.kt
cc: Interoffice Memos: Memos to City Manager, David T.
Harden
Bob Barcinski, Asst. City Manager
File: 91-62 (D)
.
,- . -. f/:;? mC.1M!)}J\I) llNTImNA 1ll01MAlL, llNC. ~
GENERAL CONTRACTORS
1851 N, Powerline Fload . Pompano Beach, Florida 33069 August 5, 1991
BROWARD: (305) 974.S960 ' DADE: ($05) 945-2938
, :
PROJECT': O~D SCHOOL SQUARE PAGE 1 OF 2
OWNER: CITY OF OELRAY
---.-.--
NO. ITEM QUAN' "Y UNI'f Ul'HT BrO TOT~'L
-- --
1 B" DIP WM CL 52 112136.130 LF 24.1Zi0 24, 8E:-l.. Q1Q1
2 (-." DIP WM Cl.. 52 80.00 l..F 24.00 tf80.Q10
3 8" RSGV WI BOX ~.l2I0 EA &25.0121' 3,750.0121
4 p II RSGV WI 80X 2.1210 EA 550.1210 1,100.00
5 8IX(," REDUCER MJ 1. 00 EA 31210.0l21 31210. 0lZt
6 6" MJ TEE 2.,00 EA 325.00 &50.00
7 2" POLY SERV WI FITTINGS 138.5121 LF 21.1210 2, 90a. 5121
B FH WI FIT, GV, !='IPE 8.0121 EA 1,75121.0121 3,500.00
9 REL.OCATE METE~R 4.1210 EA 31121.121121 1,240.0121
10 SAMPLE POINTS &.1210 EA " 1S4.01Z1 924.00
1 1 HYDRANT METER 1.00 LS 1. 0121 1. 0121
12 2" WM CONECT TO EXIST REV 1. 0121 LS 330.00 33'Zl. 00
13 8" X' 8" MJ CROSS 1.121121 EA 350.00 350.1210
14 10"X8" TAPING TEE 1. 00 EA 3,00121.00 3,0121121.00
15 8" MJ 4'5 DEGREE BENDS 3.121121 EA 350.121121 1,12150.0121
1& 8" TAP!='ED CAPSIPLUGS 3.0121 EA 27121.00 810.00
17 5& % OF RESTORATION * 1.00 LS 666121. 12 6,66121. 12
--.------.....,-----
WATER MAIN TOTAL $53,917.62
18 MH 0/6 2.0121 EA 1, 51210. 0121 3,01210.00
19 MH 6/8 1.121121 EA ~,400.0121 2, ':~1Z10. 00
20 REMOVE EXIST MH 3.1210 aA 600.00 1, 8iZl0. 00
21 CONECT TO EXIST SEWER 4.00 EA 700.00 2,800.00
22 6" PVC 121/6 80.00 LF 21.00 1,&SQJ.12I0
23 b" DIP 0/6 2~.00 LF 32.50 942. 50, .
24 8" PVC 121/6 348.130 LF 26.0t2l 9,048.00
,....:0 8" PVC 6/8 173.0~ LF 28.00 '., 844. 0121
C;,J
26 CONECr EXIST SAN SEWER 13.0121 EA 4121121.00 5,20121.0121
27 CLEAN OUTS 4.00 EA 150.00 60121.0121
28 34 1. OF RESTORATION * 1.0121 LS 5257.93 5,257.<:13
--------...-..----
SANITARY SEWER TOTAL ~37, 572. '+3
2<:) INLET TYPE C <7.1210 EA 525.1210 4,725.121121
3121 12" ReF' 50.i~. 50 LF 21.1210 10,594.50
31 is'' Rep 158.00 LF 22.0121 3,476.0121
32 TIE-IN TO EXIST DRAINAGE 3.1210 EA 34121.0121 1,02121.1210
7~ 10 1. OF RESTORATION * 1. 1210 . LS 1546.45 t, 54.6. 45
'-'w
--.....---.....--.....----
STOR~ SEWER TOTAL .21,361. 95
. . .
PAGE 2 OF' 2
34 8" LIMEROCJ{ BASE 315.00 SY &.121121 \ ' 1,890.0121
35 1-1/2" ASPHALT PAV~MENT 315.00 SY 3.1210 945.0121
3& FL..ORATAM SOD 11210121.00 SF 121.20 ~00.00
37 S/W CONC PAVERS ~0.00 SF 8.121121 480.0121
38 MAINT OF TRAFFIC 1 . l2I0 L.S 2400.1210 2, 400. 1Z,0
39 MOBILIZATION 1.0121 LS 91121121.1210 9,1121121.00
40 4" LIMEROCK BASE TEMP 1121121.1210 BY 3.00 300.1210
41 1/2:11 ASPHALT PAVMNT TEMP ~~.~7 SY 1. 5121 149.5121
-------"""------
* TOTAL RESTORATION $15,464.50
----.--......------.....
GRAND TOTAL $112,852.00
NOTE: MOBILIZATION INCLUO~S
SURVEY LAY-OUT AND AS-BUILTS, l':\OND, TESTING W.M"
LAMPING SAN SEWER, SUPERINTENDENT"PRE VIDEO, INSURANCE
CLEARING & GRUBING, WM DISINFECTION, ETC.
NOT INCLUDED: TESTING OF SAN (DUE TO EXISTING SERVICES), .JACKING
CASING FOR WATE~ SERVICES, T. V. SAN LINES ( BY CITY), F' H.
* METER FEE (WAIVED>, DENSITY TESTS.
JOB COND1TIONS: NE 1 AVE CLOSED, EXCEPT LOCAL TRAFF1C WITH TEMPORARY
RESTORATrON AT CITYS DIRECTION. NE 1st ST ONE LANE OPEN.
WATERMAIN AND STORM SEWER TO COMENCE AT NE 1 AVE ON 8-9-91
AND SUBSTANTIALLY COMPLETED (PRE~IMINARY W.M. TESTED, ALL
PIPE AND STRUCTURES INSTALLED) BY 8-20-91.
REMAINING WATER, AND SEWER WORK TO BE SUBSTANTIALLV
COMPLETED BY 8-30-91.
ABOVE COND1TIONS ARE SUBJECT TO CHANGE BY DELAYS BEYOND
RlC-MAN INTERNATIONA.L. INC. 'S CONTROL.
APPROVED SHOP DRAWINGS MUST BE RECE!VED BY 12 NOON ON
8-&~'c) 1.
;1,1'
. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 6711
SUBJECT: AGENDA ITEM # q F - MEETING OF AUGUST 13, 1991
SERVICE AUTHORIZATION NO. 5/CURRIE SCHNEIDER ASSOCIATES
DATE: AUGUST 8, 1991
The request is to approve Service Authorization No. 5 in the
amount of $20,900 to the contract between the City and Currie
Schneider Associates, AlA, P.A., to provide a consultant to
perform a Value Engineering Analysis for Fire Station No. 1
(headquarters) . The analysis will be performed by Edward J.
Nichols and Associates, Inc. , and is proposed in order to achieve
maximum potential of the funds available for the project.
Funding is available in the Decade of Excellence Bond
Issue/Central Fire Station (Account No. 225-2311-522-61.56) .
Account balance $793,187.
Recommend approval of Service Authorization No. 5 in the amount
of $20,900 for a Value Engineering Analysis for Fire Station No.
1, with funding from Decade of Excellence Bond Issue/Central Fire
Station (Account No. 225-2311-522-61.56) . Account balance
$793,187.
~, ;11
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: August 7, 1991
~ Regular Agenda ____Special Agenda ____Workshop Agenda
When: 8- /3- 7'1
Description of agenda item (who, what, where, how much)
Request City Commission approval of Service Authorization No. 5 to----
Currie Schneider Associates, AlA, P.A. in the amount of $ 20,9UU.UU to
providea a Consultant to perform a Value Engineering Analysis tor the
Fire Headquarters project. Funding Source 225-2311-522-61.56.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends City Commission approval of Service
Authorization No. 5 to Currie Schneider Associates, AlA, P.A. in the
amount of $ 20,900.00.
Department Head Signature: ~~~~~'"~ ~71ql
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 alternatives (if ap~cableE . I
Account No. & Description't'iI?'-2~/1-527. bl-Sfo '_ ._N1r<PL . / Rt;S1ArIDN
Account Balance ,Q3/lg7
City Manager Review:
Approved for agenda: ~/NO tr-J
Hold until:
Agenda Coordinator Review:
Rec,:,ived: ~/., L IIi I
Act1on: -,
Apptoved/Disapproved
CURRIE SCHNEIDER ASSOCIATES, AlA, P.A.
CITY OF DELRT,' BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: AUGUST 7, 1991
SERVICE AUTHORIZATION NO. 5 FOR CONSULTING SERVICES
C ! "I'V P.O. NO. CITY EXPENSE COOE 225-2311-522-61.56
PROJECT NO. 91-58 (CITY) 90576 CURRIE SCHNEIDER
ASSOCIATES, AlA, P.A.
TITLE: Value Enqineerinq Analysis - Fire Station No. 1
This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Contract,
dated March 18, 1991, between the City of Delray Beach and
Currie Schneider Associates, AlA, P.A.
I. PROJECT DESCRIPTION
Consultant and City recognize that the budget for the
proposed Fire Station Headquarters requires careful
monitoring. To this end a Value Engineering Analysis is
proposed to achieve maximum potential of the funds
available for this project.
II. SCOPE OF SERVICES
The study shall be preformed by:
EDWARD J. NICHOLS AND ASSOCIATES, INC.
1224 Golden Hill Road
Matthews, NC 28105
Tel: 704-841-1322
'I'he scope of work shall be as follows: Prior to the VE
study week, the VE team shall receive five ( 5 ) copies/sets
of all available project data, including drawings, outline
specifications, any calculations, site studies and any and
all narrative project descriptions. There shall also be
included copies of the detail cost estimate that is being
proposed. Time must be allowed for review of this data by
the team, and there shall be a minimum of three working
days prior to the study week for review of all of the
above mentioned data by EDWARD J. NICHOLS AND ASSOCIATES,
INC. They will prepare a detailed graphical bar chart and
cost models based on the estimate, to aid the team in
identifying potential high costs areas and/or potential
areas for savings. This will occur prior to the beginning
of the study.
'I-I'
.
On the first morning of the VE study, the design team will
present a project brie~ ~q to the VE study team. The team
will then follow standard ,~ procedures entailing creative
brainstorming and detailed de~slopment ideas. On the last
morning of the study they will present the developed ideas
to both the design team and City personnel. This will
serve as an early overview of the VE results. A written
report will be prepared and forwarded to the City within
5-7 working days of the studies completion.
The study team will consist of a Certified Value
Specialist team leader and Architectural, Structural,
Mechanical and IUectrical team members. The study would
trske four ( 4 ) working days 1 conducted either Monday thru
Thursday or Tuesday thru Friday.
It is recommended that the VE study be conducted September
3-6, 1991.
III. BUDGET
The compensation for these services shall be as follows:
VALUE ENGINEERING STUDY Fixed Fee of $ 19,000.00
ARCHITECTS FEE Fixed Fee of 1,900.00
TOTAL FEE $ 20,900.00
IV. COMPLETION DATE
Services under this Service Authorization shall be
completed no later than September 17, 1991 assuming
Commission approval August 13, 1991.
'II.
.
. .
This service authorization is approved contingent upon the
Ci ty I S acceptance of and satis [~ction with the completion of
the services rendered in the pn ' ous phase or as encompassed
by the previous service authoriz&~~on. 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: CURRIE SCHNEIDER ASSOCIATES,
AlA, P.A.
Date Dat~~991
By .
Larry M. Schneider
Thomas E. Lynch (Print or Type)
Mayor
Title: Principal
orporate Seal)
n~ (
Witness ~,
Attest:
BEFORE ME, the for~99ing
instrument, this Krh
day of ~ ' 1991
Approved as to Legal was acknowle ged by r/ot7J rn.ScI1hOder
Sufficiency and Form on behalf of the Corpo ation
, and said person executed the
same free and voluntarily
for the purpose there-in
expressed.
Wi tness my hand and seal. in
the County and S~
afo e d this day of
, 1991.
LM ' "jAII/^-J/1.'
. / ./~.(';'(/L./ l{,;(..\......
ary Pu c
State ofLFlorida
My Commission Expires:
",orARY PUIlUC, STATE OF FLORIDA AT LARGE:
MY COMMISSION EXPIRES DECEMOER OS, 1993
8ON~D THRU AGENT'S NOTARY BROKUAGE
01.1'
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l'Jt 1
SUBJECT: AGENDA ITEM # 9& - MEETING OF AUGUST 13, 1991
CANCELLATION OF CONTRACT AND AWARD OF BID TO SECOND LOW
RESPONSIVE BIDDER
DATE: AUGUST 9, 1991
This item is before you to cancel the contract awarded to D & L
Telecommunications, Inc. and to award the bid to the second low
responsive bidder, Altair Maintenance Services, Inc. , in the
amount of $123,613.04 for Phase I of the Sanitary Sewer
Rehabilitation project.
At your July 9th meeting the City Commission awarded the bid for
Phase I of the project to D & L Telecommunications; however, the
recipient has refused to enter into a contract. In the opinion
of City staff, after consulting with the City Attorney, the costs
of compelling the low bidder to perform would exceed the
difference in cost between the lowest and second lowest bid.
Also, there is a good chance we would end up with less than
satisfactory work. Therefore, staff is recommending that the
contract be cancelled and the bid awarded to Altair Maintenance
Services, Inc. Funding is available in 1991 Water and Sewer
Revenue Bond/Repair and Renewal Sanitary Sewers/Manholes (Account
No. 447-5169-536-60.31/Account balance $300,000) and Water and
Sewer Repair and Replacement/Manhole Rehabilitation (Account No.
442-5178-536-61.84) .
Recommend cancellation of the contract with D & L
Telecommunications, Inc. and award of contract to Altair
Maintenance Services, Inc. in the amount of $123,613.04 with
funding from 1991 Water and Sewer Revenue Bond/Repair and Renewal
Sanitary Sewers/Manholes (Account No. 447-5169-536-60.31/Account
balance $300,000) and Water and Sewer Repair and
Replacement/Manhole Rehabilitation (Account No.
442-5178-536-61.84).
,(
if . ' -
I
! .
Agenda Item No.:
AGENDA REQUEST
Date: 8/8/91
Request to 'be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 8/13/91
Description of agenda item (who, what, where, how much): Request City
Commission to re ect contract to D & L Telecommunications, Inc. and award Contract to Altair
Maintenance Services, Inc., secon lowest responsive responsi e idder, ,for Project No. 91-23
Bid No. 91-42 titled Infiltration Inflow Project. Funding shall be from 1991 Water and Sewer
Revenue Bond 447-5169-536-60.31 in the amount of , . . Fundin in FY91/92 shall be from
442-5178-536-61.84. Final anticipated expenditures on thi project is $150,000.
ORDINANCE/ RESOLUTION REQUIRED: ~I.NO Draft~~f.~/NO
p. 3Ihl.J,df~pUv fI/. 1 'II
Recornmenda tion: Staff recommends approval Itair Maintenance Services. Inc.
for Project #91-12 Inflow Infiltration Program, Repair, Rehabilitation and Re lacement of
San~ar Sewers and Manholes. Amount , . D & L Telecommunications, Inc. the l~~.___
bidder was awarded the Pro'ect but refu 'to si n contract. See attached backu information
for further clarification. ~~~-~-
Department Head Signature: ~fl ~~/
Determination of Consistency with Comprehensive Plan:
--
~~\-
City Attorney Revie ,LLL....:.... -y..t~ w~; ble) :
t'
el_ -rk", - ~ - . fC.
' 9 . -------..,'-~ l- C' ~'.
<c~2 <:~-rk,~ ."~'
-;;k ~'? . 1 ~L "'-xL_ L...;
Budget D~rector R f~c..,-t /j.s2ft~ (",;[\<.: {u.;:~~ involving expenditure
of funds). ~~-.L'~ ~ Jf:,- 5k, t~
. ./Vo."",. L- ~. . ~
Funding avail =~ . J.c'-r:.,;X:;as.....p~--'--...j" L"'"'-4:...t--'
Funding alter (f - r--L<_ "-L'T -..;. iJ"'~ (if apPl~~ble)
Ac c oun t No. & C 'e-____t.-AC- ~""'- (. ~"-\..\ .L*,-<\ ti~";.. :? toO -~ WI (,.{) J Ar~
Account Balan c- -J:L .fr-:t+? --l "-
,,~ " "-d--...J '""-, v<- (. ~c ,.
City Manager Review I
-
~. Approved for agenda: YES/ @, {~I
Hold Until: I
Agenda Coordinator Review(
Received: q;,
Action: isapproved
'I."
.'
TABULATION OF BIDS
Bid 1191-42
Inflow/Infiltration Program
Repair, Rehabilitation and Replacement Of
April 25, 1991 Sanitary Sewers and Manholes
. D [,. L Altair Maint- Shenandoah Madsen/Barr
enance Services General \
VENDOR: Telecommunica- Corporation
tion Inc. Inc. Construction
ITEMS
and $ 243,900.40 $ 376,715.90 $ 795,575.90 $ 977,143.50 *
I It)' 9/',7f t / l3 60.2)1- if fi llS't .61' ; In lJJ .Po
No Bid No Bid No Bid No Bid
Complete all
work fully with- 150 calendar 365 calendar 365 calendar 300 calendar
in calendar days days days days
days:
Acknowledged Acknowledged Acknowledged Acknowledged cknowledged
Receipt of receipt of receipt of receipt of receipt of
Addendum's addendum's Addendum's addendum's addendum's
1,2,3, and 4 2,3,& 4 1,2,3, & 4 123 & 4
Bid 'Security Bid Bond Bid Bond Bid Bond 5%
Consisting Of: $15,000.00 5% of total 5% of total bid bid.
bid.
* Total for bid
Comments / items 1 thru 22
Exceptions: nd item 25B.
id items 23 &
24 are relative
)t /fE,I1J I-I? AIL ~'E ()!Jtf IrE y new experime -
al sanitary
ewer rehab.
~ Ilti ',Pcf..-rctJ A 1 iJlJ yjl1e . ethods which
re not access-
LJ tJ;l./< AJOR/(. JJjp iJ',/1';tJ) (T ;7j L/I'1J,M ble to this
idder. We
1ct rU. ~,J/,JC herefore have
tI lJMJ< at submitted
(0)/7 {.6......- price on thes
~//
'Jl 'fA lYJ tems and have
arked these
tems as "No
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~~T' DF DELAAY BEA[H
100 N.W. 1st AVENUE 0 DELRAY BEACH. FLorilDA 33444 .. 407/243-7000
August 8,1991
Mr. Robert L. Rothenberg, Vice President
Altair Maintenance Services, Inc.
710 S. Milwee Street
Longwood, FL 32750
RE: INFLOW/INFILTRATION PROGRAM (91-42)
ENVIRONMENTAL SERVICES PROJECT 91-12A
WORK PROGRAM SCOPE
Dear Mr. Rothenberg:
This letter will serve as our intent to award you a portion of
the above referenced contract. It is the city's intent to
construct bid items 1-18 only under this contract. All other
work under this contract will be rebid and constructed under
separate contract at a later date. The total "as awarded"
contract amount will be $123,613.04 per schedule "C".
Please find attached, actual quantities for the rest of the
system that we want T . V. 'd under your contract ( Systems 1, 8,
17, 32 and alleys). We request that you complete this work with
no more than two (2) crews working simutaneously.
If the above is acceptable, please sign the acknowledgment below.
Signed acknowledgment will be attached to the Contract Documents
for the above referenced project. If it is not acceptable then
all bids will be rejected and rebid at a later date.
Please respond by Tuesday, August 13, 1991. If no acknowledgment
is received by that date it will be assumed that the above work
program is not acceptable to Altair Maintenance services, Inc.
THE EFFORT ALWAYS MATTERS
_._-......----------
. -' .
i
Should there be any questions regarding the above, please contact
Howard Wight with our office at ( 407 ) 243-7300.
Sincerely,
DAVID T. HARDEN ACCEPTED BY:
City Manager For: Altair Maintenance
Services, Inc. .
HW/WHG/gm
Att:
cc: William H. Greenwood, Dir. of Environmental Services
Mark A. Gabriel, P.E. Asst. Dir. of Environmental Services/
City Engineer
Ted Glas, Purchasing Director
Howard Wight, Construction Manager
Al Monteleone, Supt. Water/Sewer Network
File: Project #91-12(A)
File: P:hw9112.doc
.
,
/
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BID #91-42 Schedule "C"
Inflow/Infiltration Bid
I
System 1, 8, 17, 32 and Alleys Quantities
~---------------------------------------------------------------------------------------
ITEM ITEM DESCR I PTI ON APPRROX ALTAIR MAINT
NO QTY
-----------------------------.------------------------------.-----------------.---------
1 HYDRAULIC CLEANING OF 6" PYC 302 LF 0.50 151. 00
2 HYDRAULIC CLEANING OF 6" YCP 58 LF 0.50 29.00
3 HYDRAULIC CLEANING OF 8" YCP 66324 LF 0.50 33162.00
4 HYDRAULIC CLEANING OF 8" PYC 2839 LF 0.50 1419.50
5 HYDRAULIC CLEANING OF 8" DIP 275 LF 3.00 825.00
6 HYDRAULIC CLEANING OF 10" VCP 2863 LF 0.50 1431.50
7 HYDRAULIC CLEANING OF 10" PYC 484 LF 0.50 242.00
8 HYDRAULIC CLEANING OF 10" DIP/CIP 398 LF 3.00 1194.00
9 HYDRAULIC CLEANING OF 12" VCP 2184 LF 0.60 1310.40
10 HYDRAULIC CLEANING OF 12" CIP 265 LF 6.00 1590.00
11 HYDRAULIC CLEANING OF 15" YCP 7701 LF 0.60 4620.60
12 HYDRAULIC CLEANING OF 16" CIP 239 LF 6.00 1434.00
13 HYDRAULIC CLEANING OF 18" YCP 15 LF 0.85 12.75
14 HYDRAULIC CLEANING OF 21" VCP 3196 LF 0.85 2716.60
15 HYDRAULIC CLEANING OF 24" CIP 6 LF 30.00 180.00
16 HYDRAULIC CLEANING OF 24" YCP 6091 LF 0.85 5177.35
17 HYDRAULIC CLEANING OF 36" RCP 4174 L F 3.25 13565.50
18 ALL INTERNAL TELEVISION INSP. 97414 LF 0.56 54551.84
---------------------
SUBTOTAL BID ITEMS 1 THRU 18 123613.04
.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [J/'t/I
SUBJECT: AGENDA ITEM # 9H - MEETING OF AUGUST 13, 1991
CONTRACT FOR BEACH CLEANING SERVICES
DATE: AUGUST 8, 1991
The City's contract with Universal Beach Services Corporation for
beach cleaning services expires on October 1, 1991. The original
contract, executed in 1985, was for three (3) years with an
automatic three year extension unless notice was given. It
appears that the contract was negotiated rather than obtained
through the formal bidding process. Therefore, this item is
before the Commission for a determination as to whether the
contract is to be bid or negotiated with the current service
provider.
Under the provisions of the contract with Universal Beach
Services Corporation, the following services are provided:
hazard management, erosion control, debris and trash removal,
raking and removal of seagrass, storm condition removal,
maintenance of fore dune vegetation areas and operation of the
Beamer Beach Cleaner. The base compensation for these services
is $42,500.00 per year.
Attached for your review is a comparison of beach cleaning costs
in other co~munities.
~ W/~~;J'-~
.
Beach--Gleaning Survey July 1991
Municipality I Contractor Length of # of I Annual
!
I Beach Days I Costs
I I ~-_.-
I Universal I
Delray Beach 6000 ft 5 *** ! $42.500
i
i !
I
Boca Raton I Self 12,000 1't 7 i n/a Yl
:i I
I
Boynton Beach Universal 965 ft. 2/3 I $9.000
I (pro - rated)
!
i
Palm Beach County Self n/e 3 i nie 1l
i
(North) 3- 4 beaches I
!
i
i
Palm Beach County Universal Gulfstream 2 I $4,200
I
(Sou1h) 600 ft. I
!
!
!
!I Universal South Inlet 5 1 $5.220
I
!
1 000 ft I
'1 Universal Krueslei 3 $2.700
450 ft
Ft Lauderdale Self 5 miles 6 n/a*
Deerfield Beach Beach Raker 9000 ft. e , $47.000
i
Pompano Beach Beach Raker 5800 ft. 6/3u $54.000
Lake Worth Universal 1 350 ft. t:. $12.000
oJ
Monroe County Universal 1 400 ft. 7 $29.900
Key West Universal 3000 7 $60.736
*included in budget
items.
ue d1ys a week to
tide lines. 3 days a
week west of lines.
***includes emptying and
maintaining refuse
conlainers 5 days per
"'~ek
I, ,~
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. / ~&1eif he" ~'-
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Beach Cleaning Service
DATE: August 6, 1991
The contract with Universal Beach Services Corporation for the
cleaning of our municipal beach expires October 1, 1991. The
original contract was a three ( 3) year contract with an automatic
renewal clause (unless notice was given) for an additional three ( 3 )
years, and paid $42,500 per year that included trash removal.
Although I had prepared specifications for the bidding of this
service, I was advised that this contract was originally not bid and
was negotiated with Universal Beach.
Please advise whether this contract is to be bid or negotiated with
the current service provider.
U~
Recreation
JW: j mh
REF: BEACHCLN. DOC
Attachment
cc: Allison MacGregor Harty, City Clerk
>I ,~
- CONTRACT FOR BEACH CLEANING SERVICES
This CONTRACT FOR BEACH CLEANING SERVICES, entered into this
...!:l.i:i day of '-;7'Y? ~ 198,,", by and between UNIVERSAL BEACH
E:el<~ "-",
SERVICES CORP., a Florida corporation, herein~fter referred to as
"Universal," and THE CITY OF DELRAY BEACH, a Florida municipa,l
corporation, hereinafter referred to as "City."
WIT N E SSE T H:
WHEREAS, Universal is engaged in the business of beach main-
tenance, cleaning and debris removal; and
WHEREAS, the City owns certain beach property located within
Palm Beach County, Florida, adjoining the Atlantic Ocean compri-
sing of approximately 1.4 miles extending north-south along the
At.lantic Ocean; and
WHEREAS, City is desirous of engaging the services of Univer-
sal for the purposes set forth herein;
NOW, THEREFORE, in consideration of the mutual convenants
and promises herein contained and other good and valuable consid-
eration, the parties hereto agree as follows:
l. SCOPE OF SERVICES. The general scope of services to be
performed by Universal shall be to clean and maintain, in a rea-
sonable manner, the entire length of the City's public beach
during the term of this Agreement. Universal intends on provid-
ing these services on the basis of five ( 5 ) days per week, with
overlapping stretches of beach being cleaned and maintained each /
day, weathei and environmental conditions allowing. More speci-
fically, Universal agrees to provide the following services to
the City with respect to the subject contract:
A. Hazard Management. Universal has unique equipment
available to lift and remove from the beach foreign
material up to 1,500 pounds, to grade areas of beach
and move fill from place to place in order to at-
tempt to correct hazardous conditions that may
develop from time to time. Universal agrees to pro-
vide such hazard management services as the City
SPINNER, DITTMAN. F"EOE~SPIEL-. DOWLING a. ....ANNING
~O. ~AST "TI..ANT'C .IlvT;::,,""r.: -'~l._q.a.."" ~~lor-:"" .,..\ ,-.0'....11. """'.144 ....~"', ..,-", ..,.,--
ll."
's hall reasonably request with such services, by way
of example, including the removal of broken glass,
the shoring of eroded and deteriorated walkways by
moving fill into place around them, grading storm
cut escarpments, r':!moving threatening debris and
removing or recovering stairways and rip-rap which
were covered by sand pumping and become exposed by
erosion. Universal's services shall, however, be
limited to those reasonably within the capability of
the equipment within Universal's possession. Uni-
versal agrees to be available for the performing of
such services on an emergency basis and shall re-
spond to the request by the City for the correction
of such hazardous conditions as f:lrOmptly as reason-
ably possible; it being understood by the parties,
however, that in the event the City shall recognize
minor hazards such as broken glass bottles or debris
of a nature that can be removed by hand by -:ither
the lifeguards or other reasonably available person-
nel of the City, that such removal wi 11 be accom-
plished in that manner by the City immediately upon
recognition of the hazard.
B. Erosion control. Universal possesses certain equip-
ment capable of providing limited beach repair and
erosion control measures. The City is from time to
time in need of certain measures for erosion control
and beach repair and, accordingly, Universal agrees
to provide the following services to the extent of
the reasonable capability of Universal's equipment:
(1) Backf ill ing of washouts, particularly at the
foot of eroded stairs and/or entrance ways,
(2 ) Grading of excessive sand deposits,
( 3) Grading of escarpments to a more easily
navigated slope,
( 4 ) Adding sand to and grading around lifeguard
stands.
SF>INNER, DITTMAN, F'EDF.:RSF>IE:L, DOWLING e. MANNING
Universal's services as to erosion control and beach
repair as provided herein are intended to promote
vitality to the dune vegitation, to sustain the con-
tour of the beach better against further wave action
and to maximize the useab_e sandy portion of the
beach for recreational enjoyment and coastal preser-
vation in general. These measures are taken by Uni-
versal in an attempt to effectively control, limit
or eliminate sand erosion problems on a day to day
basis, and although they provide stabilization for
beach preservation they cannot be guaranteed due to
the destructive potential of major storms.
C. Debris and trash removal. Universal ag rees to
remove all trash and debris, including wood, plas-
tic, glass, rock and metal objects deposited on the
City's beach by the ocean or by bather usage seaward
of the Scavolea line. Universal shall remove and
dispose of all such trash and debris as collected
from the beach by transporting the same to the
county's existing transfer station. Universal shall
empty and maintain the refuse containers (refuse
shall mean garbage-trash as these items are commonly
understood) on the beach a minimum of five (5 ) days
per week: Universal covenants that such service will
.I
be provided every Sunday and services on the remain- 17
ing four days shall be adjusted so that no large
accumulations of refuse will be left unattended to.
Universal shall maintain the area around the con-
tainers in a cle'an and sightly manner. Universal
further agrees that it shall properly dispose of the
collected refuse and shall pay any and all disposal
fees associated therewith.
D. Seagrasses. Seagrass is to be raked (1) time per
week from 300 feet north of N2 lifeguard stand to
"
the north property line of the Public Beach. Fr omV/
300 feet north of N2 to the south property line of
SPINNER, DITTMAN, F'EDERSPIEL. DOWLING a. MANNING
'I,ll
the City Beach to be raked twice a week. The
Atlantic Dunes Park Beach cleaned and raked ( 3 ) V
times per week. Any seagrass selected for dune re-
construction shall be suitably clean, devoid of
debris, litter, tar etc. Uni ven-al shall remove
from the beach and transport to the county landfill
site any Seagrass inextricably combined with debris,
tar, dead marine organic matter or other items not
suitable for reconstruction in Universal's discre-
tion.
E. Storm condition removal. In the event of a hurri-
cane, major storm or act of God whereby conditions
are created that an unusual and excessive amount of
material is deposited on the beach, then upon Univer-
sal's request and the City's reasonable approval
that such deposits are indeed excessive, the City
shall provide dump trucks, drivers, and disposal
fees to haul and dispose of such unusual and exces-
sive debris and materials. #,
F. Landscaping. Universal will provide services for
the maintenance of the foredune vegetation areas
which will include the deposit of seaweed mulch in
and around the foredune vegetation at the direction
of the City and the careful hand raking of the fore-
dune vegetation area in the event debris is depos-
ited by storms from the ocean into that area. There
will be no mechanical raking in the vegetation areas
except at the request of the City for particular
areas.
G. Beamer Beach Cleaner. Universal agrees to perform
at least one cleanup per month with the Beamer
Machine owned by the City of Delray Beach, in the
event the said machine can be reasonably placed in
good working order and maintained in such condition.
Universal is to provide tractor and fittings to oper-
ate the above. The City may designate specific days
SPINNER, DITTMAN, F'EDERSPIEL. DOWLING e. MANNING
,,'11
-at their discretion. Universal shall be authorized
to utilize said equipment for such additional clean-
ups as it deems desirable. Universal agrees to
lease from the City for the period covel.ed by this
contract a piece of, equipment known as tre Beamer
Beach Cleaner at an annual cost of $10.00. Univer- V
sal shall have total responsibility for maintenance
of the Beamer Beach Cleaner and shall at all times
keep the Beamer Beach Cleaner in good condition and
repair for the use for which the Beamer Beach
Cleaner is intended. Universal shall at all times
maintain insurance on the Beamer Beach Cleaner and
provide proof of such insurance to the City. univer-
sal further agrees to use the Beamer Beach Cleaner
only on the area covered under this agreement and
only for the purposes covered under this contract.
Universal further agrees to keep the Beamer Beach
Cleaner free of all liens and encumbrances. The
parties hereby acknowledge and agree that Univer-
sal's obligation to place the subject Beamer Beach
Cleaner in good working order is subject to
Universal's determination of the feasibility of
such.
2. TERM. The term of this Agreement shall be for a period
of three (3 ) years, commencing October 1, 1985. This contract
shall automatically renew for an additional term of three ( 3 )
years following the completion of its original term unless termin-
ated in writing by either party at least ninety (90) days prior
to the conclusion of the original term.
3. COMPENSATION. In consideration for Universal's provid-
ing the services hereinabove described, the City agrees to pay to
Universal the annual "base compensation" of $42,500.00 per year
during the term of this Agreement. Said "base compensation"
shall be paid to Universal in equal installments payable on the
first day and 15th day of each month commencing on the first pay-
ment day following the execution of this Agreement.
SPINNER, DITTMAN, FEDERSPIEL. DOWLING e. MANNING
'" ~ C"" ~ <::... <>'''' ll.. ",.....-- '" """1' 'C'" ""'C". 0",___ """".1.--1...< C'"" --..Q,-,..... '"""444 ,........, .,..."" c>q............
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4. ACCESS. The City agrees to provide Universal with free
access to the City's beach property and not to interfere with the
performance of the service herein contracted for; provided, how-
ever, that the City may reasonably restrict Universal's acceso. to
the beach for safety reasons or emergencies.
5. DISPOSAL COSTS. Universal agrees to provide disposal
services at its expense for all debris, seagrasses, and trash
removed from the beach.
6. ATTORNEYS' FEES. In the event suit is brought by either
party relative to this Agreement, the prevailing party shall be
entitled to collect all reasonable costs and expenses of suit,
including, but not limited to, reasonable attorneys' fees.
7. LIABILITY INSURANCE. Universal, during the term of this
Agreement, agrees to at all times maintain public liability insur-
ance relative to its business operations with limits nof not less
than $500,000 individual/$500,000 aggregate coverage. Universal
further agrees to indemnify, save and hold the City harmless from
any and all damages to third parties resulting from Universal's
performance of the services hereunder. In addition, Universal
agrees to add the City as a co-insured under said insurance
policy. The above referred to liability insurance shall contain
a provision requiring that notice be given to the City thirty
(30 ) days prior to any cancellation.
8. REPRESENTATIVE OF CITY. The City hereby agrees to desig-
nate the City Manager as its representative for purposes of the
administration of this contract; provided, however, that the City
Manager may designate a subordinate to administer such of the
City's responsibilities of this contract as he shall noti fy Uni-
versal in advance, in writing.
9. UNIVERSAL'S LIABILITY FOR DAMAGE. Universal agrees to
indemnify, save and hold the City harmless for any and all damage
caused to the City's property due to the actions of Universal;
provided, however, that the City shall be obligated to notify
Universal of all buried objects known to the City and locate them
for Universal in order to allow Universal to reasonably avoid
such objects. The parties hereby stipulate and agree that the
SPINNER, DITTMAN, F'EDERSPIEL. DOWLING So MANNING
\1.\.
existing communication system between the lifeguard stands on the
public beach are not adequately buried to assure that they will
not be damaged from time to time by Universal's equipment and,
accordingly, the City assumes all responsibilities therefor.
10. TERMINATION. This Agreement may be terminated by the
City upon the occurrence of any of the following:
A. The filing for bankruptcy by Universal,
B. Universal's failure to perform its duties required
pursuant to this contract upon a determination by
the City Council~ provided, however, that Universal
shall be entitled to judicial review of such deci-
sion.
lI. ASSIGNABILITY. This Agreement may not be assigned or
transferred without the express prior approval of the City.
12. DELINQUENT PAYMENTS. All payments due from the City to
Universal which are more than thirty (30) days delinquent shall
bear interest at the rate of fifteen percent <15% ) per annum.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals this CJ-d day of ~L~e., 198~
/?c.~~ /} ~,,~~,./ By:
(hr,~_ 6~ (SEAL)
CITY OF DELRAY BEACH
()~ /3o-Jftv By: a../~~~..~
p~.?~.)/ ~_~rx/ #//l yo -;;
Attest: -t.1'fej~.J~~dn
e-t// yeA E. 1<::
Approved as to form:
By,~~.IW-
y. Ci ty Attorney
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 JOHN PEART, known to me to
SPINNER, DITTMAN, F'EDERSPIEL. DOWLING So MANNING
. . - --- ~ - - ~ -
,I ,~
.
be the pers~n described in and who executed the foregoing instru-
ment as President of UNIVERSAL BEACH SERVICES COP!? , a corpora-
tion organized under the laws of the State of Florida. He
acknowledged before me that he executed the foregoing instrument
as such officer in the name and on behalf of the corporation, and
that he also affixed thereto the official seal of the corpora-
tion.
, rJ c fa fu'1./
SWORN TO AND SUBSCRIBED before me this I..:S+ day of ~
t-embe r , 1985.
~~ I
/f!. {{/~~t~(j!--,-
Nolt y Publlc
My commission expires:
(SEAL)
NC1AU I'Uill( STAll C' hOllCAl
Ml ~u.lll.AllI)~IOH ..., HO't 13 1987
J9""'" ll!~>> C'" ""II"'~~1 ~ND
SPINNER, DITTMAN, F"EDERSPIEL, DOWLING eo MANNING
-,c--.- ., - ~ ,-..,..,...,.. -..-. ~,.~ ~,..~-'-' :-' --~'-... ....,..._,.-. .... -.. ..,~~ ............-.
~ ;~
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i
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tM
SUBJECT: AGENDA ITEM # 9.r.. - MEETING OF AUGUST 13, 1991
INVESTMENT OF PENSION FUNDS IN ISRAELI BONDS
DATE: AUGUST 9, 1991
This item is before you to consider allowing the Pension Board
the option of investing pension funds in Israeli Bonds. Attached
for your review is the Finance Director's opinion, along with a
news article which explores the pros and cons of investing in
Israeli Bonds.
Recommend denial of the use of pension funds to invest in Israeli
Bonds.
8~
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(mlJtp? 4/JcIJ d SS EnT71f )
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.- ,'-'1;' ,".' "~';' 'J'I..--~:' . ..t~-<<i''''':''4'''''''t"~~..I.._tt;.:o~ .;.'\'r:' '.-ME M'O"'R A N DU M
TO: David T. Harden
City Manager
FROM: Joseph K. S.f~
Director of Finan e
SUBJECT: Personal Opinions on Pension Investments in Israeli Bonds
DATE: March 20, 1991
Your office requested comments on the issue of the Police and Firefighters'
Pension Board request to have the Ordinances changed to allow for
investment in Israeli Bonds.
Personally, I am of the opinion that the Administrative Board should not
direct the investment of Pension Funds in specific stocks, bonds, or other
instruments. It is the duty of the investment advisors to invest employee
Pension Funds and I would be concerned from a fiduciary liability
standpoint if the Board exceeded their duties and responsibilities by
directing the investment advisor to specific instruments. If this
particular investment failed for any reason, the Board members could
possibly beheld personally liable for exceeding their authority.
Secondly, I am of the opinion that the Board should not put itself in the
position of possible discriminatory actions since it is recommending one
and only investment instrument outside the United States. What would be
their reasoning?
Thirdly, J: am of the opinion that the .Board should not put employee Trust
Funds in any possible jeopardy of loss. The State of Israel is surrounded
by countries that have committed themselves to the ultimate destruction of
Israel, the political environment is unstable with extremists on both
sides, and day to day life is one of confrontation, fear, and possible
military conflict. I would not commit employee Trust Funds to investments
in the Middle East that are not backed and secured by the United States
government.
Fourth, it is my understanding that there is no market for these bonds;
therefore, they must be held until maturity and there is no alternative.
This restricts the investment advisor who may have a market that would
provide improved performance, but cannot liquidate the funds.
JMS/slh
. ... -~.. ',' .~
.
Julie Jackson ( ~ (
Executivtl Director ::-~~.~ ~~ :
Samuel Chafetz ," ~.
Execut/vtl Chairman
Robert Siegel STATE OF ISRAEl. SONDS
PMC Chairman
EXECUTl'JE BOAFIO DEVELOPMENT CORPORATION FOR ISRAEL
Annette Abrams 2200 NORTH FEDERAL HIGHWAY. SUITE 203
Gary Bernstein BOCA RATON. FLORIDA 33431.407-368-9221 ' fAX 407-368.9338
Edward Bobick
Marianne Bobick Jun~ 17, 1991
Irene Danker
Elaine Blish RECEIVED
Barry Friedberg
Florence Friedberg
Maurice Friedman
Mark W. Glickman JUN 19 1991
Alvin Greenfield
Gloria Greenfield
Evelyn Gross BY FINANCE
Martin Grossman .. ,
Joel Halpern
Sidney !<amino .
Martin Kam . 0
Harold Kay ~. Vav~d C. Hakd~n, C~ty Manag~k
Dori Klein
William Konar C~ty Hail
Abner Levine 100 N.W. 1-6t Av~nu~
Sylvia Malvin V~tkay B~ach, FL 33444
Dee Moore
Howard Pittman.. V~ak Mk. Hakd~n:
Mildred Pittman
Benjamin Pressner
Jay Raddock W~tcom~ back okom yoUk vacation. 1 hop~ ~t ~ ~njoy-
Seymour Rappaport abt~. 16 you W~k~ away 6kom Fi.ok~da, you cuta~n1.y
Ullian Rosenberg
Margit F\Jbnitz m.u,-6~d OUlt dJtou.ght-~ndi..ng ka~n-6.
Rabbi Dr. LouIs L. Sacks
Bernard Schachman Th~-6 t~tt~k -6~kvt-6 a-6 a nOkmai. k~qu~-6t to b~ put on th~
Freida Siegel councit ag~nda OOk July 23, 1991. At that tim~, 1 w~il
Rabbi Merie E. Singer
Eugene B. Squires . b~ bkinging atong, MIt. Saul. Fk~~dman okomoUk nationat
Phyllis Squires h~adQuakt~k.l>. Pt~d-6~ t~t m~ ~now how many ptopt~ w~il
Walter Warheit b~ att~nding th~ mt~ti.ng and at what t-imt W~ ak~ to
Nancy Welngard akkivt.
CORPORATE BOARD
Ryna Mehr, Ch~rman Thank you OOk yoUk cOn6id~kation. 1 too~ 6 Okwaltd to
Arnold Berliner, M.D.
Charles Brier .l>t~ing you again.
Craig Donoff
Monte Friedkln S-<.nc~lttty,
Irving Gannet
Herbert Gimelslob ~/
Jordan Ginsburg
Alan Hurst
Richard levy
Ned R. Nashban JuLi.~ JaC~-60n
Allan Porter
Martin Schwartz JJ:hg
Ralph Solomon
Elliot A. Weinberg Btind CC: Jo~ Saoookd, Financiat Vik~ctok, City Hail ~
NEW LEADERSHIP BOARD
Arvin J. Jaffe, ChaIrmiuJ
Jim TIsdale, Co-Chalrman
Benita Appel
Cindy Braun
Sieve Brown
Mitzi Donoff
Betsy Gardner
CaroI,GM1 ,
Shawn Ruben
REGISTEREO REPRESENTATIVES BUILD~O
Rochelle Levy
Mark Ruben EC~:~~~S ,)). .
. Past Executive Chalnnan
o Deceased YEARS
$10BlLUON
.~.1t ..-::..
-....
'iI,
. . . .
(. I I
...
~ f~h--J<
'do~
~ ~.~
MEMORANDUM
To: Distribution
From: John E. Tranter - Glades Road
Subject: Israel Bonds I Buy? I Take as Collateral?
Date: May 24, 1991
Attached you will find a commentary written by Robert Bleiberg, editor of
Barron's Magazine. For those of us who have ever faced the question of
investing/taking as collateral Israel Bonds will find this commentary very
interesting.
{II
JET:jb
Distribution: Delray Beach Police & Firefighters Pension Board Members ~
R. Michael Strickland
Chuck Cross
Terry McKay
_ ___"_ ~_____ u. __u_ _ . .~~" ti."
a _
r;ITORIAL COMMENl-:4RY
Not for Widows and Orphans
Fiduciaries Have No Business Buying State of Isr~l B.o~ds
LETS begi~ Wilh an ex:se i~n- long and impressive list ofeities, inc1Ud-,' nol be sustainable without substan~rty odd-;ars after gaining independ-
vestment decision-making. The in- ing Baltimore, Boston, Chicago, Detroit, U.S. support, which remains' strong, ence, for example, the government holds
vestment in question is the full faith and Hartford. Milwaukee, Philadelphia" flexible and timely." an esti~ated 93% of all the land, a state
credit obligation of a sovereign state Pittsburgh and Providence, have ac- From Day One, moreover, Israel has of affalfS that has helped balloon con.
which, in its entire history, has never quired State of Israel bonds for their clung-and continues to cling-to so- struction costs, subsidize a less and less
failed to pay, in full and on time, the pension-fund portfolios. To quote the',. cialist practices and polieies now proven produc!ive agriculture and discourage
principal and interest on any of its bor- New York Post, which editonally sup- unworkable, and totally discredited, mdustnal expansion. "If it wasn't for
rowings, either at home or abroad. Fur- ports the commitment, NYC Comptrol- throughout most of the rest of the world. government interference," claims Daniel
thermore, the state is a member in good ler Liz. Holtzman is "actively consider- ' Our investment opinion: not for widows , Doron, director of the Israel Center for
Ilsoding of the United Nations, Interna- ing puning some pension ,money" into' and orphans. Social and Economic Progress (IC-
tional Bank for Reconstruction and De- such securities. You don't have to be Jewish, as the' SEP) -one of the country's few free-
velopment, Intef!1ationa! Monetary Here we must art com an with the'. advertisi;ng slogan goes, to love Levy's market .think tanks-"a $100,000 fIat in
Fund and Intec:natlonal Froance Corp., approving crowd~ Althou:h ~ere are rye, but It doesn't hurt. The same doubt- Tel AVIV would only cost some $30,-
as well as a sIgnatory to the General too man ublic em 10 ees throu hout.Jess holds true of buyers of State of 000." .
~greement on Tariffs. and Tra~e. ~d the cou! p -scand1:oJsI so in gNew" Isra~l' b.<>nds, .two series .of which offer Bad. en~ugh in. ~e ~t of .times,
Its bonds are offered m denommations York Cit ~af\er 20 or 30 Years of "serv-' , speclalmcentives to tourysts. For exam- such mlS~ulded J?Olic!es-m, the light of
Ihat range fro~ ~250 10.$25.000, under ice" the: are stiU entitled to retire and ple~ so-called cu~eot mcome bonds, the ma~lve ~mtgralton of Jews from
terms . an~ ~ndltlons ~es!gn~d to ~ttract th~ money must be there. Viewed ,trictly , which pay a penuflous 4% yearly, af\~r the SovIet Umon now afoot:- becomes a
both mdlvldual and lDStttuttonal mvcs- as an investment, State of Israel bonds' 12 months' tune may be exchanged m palpable threat to. the nation's healt.h
tors. . . faU short on several counts." Israel ~or amounts up to S2,500 per and welfare. In a piece on an <<:anomlc
Big pluses. At the same time, how-' .. ' , person m local currency, presumably to conference held by ICSEP on Its ftfth
ever, let's not overlook some potential For one thing, whtle. not. ~orm~Uy help defray the cost of the trip. SIlIli- anniversary a year ago, a columnist for
minuses. Since the issuer never re- graded, they do carry an tmP~Clt rating :'-larly, State of Israel S250 certificates The Wall Street Journal observed: "But
'quested one, the aforesaid bonds carry from Sta?dard el Poor'~ of Tnp1e-B mi- , may be used to buy either a ticket on the sludge that socialism has introduced
no formal ratina from fitch, Moody', or. n~ -that'ththc loli miliestmeD.t-~dO El AI Airline or a S500 Israeli bond at a into the Israeli economy will make it
Standard el Poor's. There is no public ratin& OIl e ~ e. y e same to en, , discount.' difficult for Israel to absorb the Soviet
market-aner a period of three to seven SelP ra.tes Israeli short-term paper A-3".,::., Appropriately enough, over the years Jews.. .. The state bureaucracy resches
years, depending on the type of holder, a ranlemg so low that money-market~, some of the harshest criticisms of Israel's ' into every oorner of Israeli life, adminis-
they're eligible for repurchase by the fund'! as the SEe has recently rule~,: statist policies have come from co-reli- tering a complex web of prerogatives,
issuer at 100% of prinCipal amount plu, may mvest !lo more than S9! of thelt" gionists. In the late 'Seventies, Professor subsidies, protections, trado barriers and
accrued inlerest total assets m such commercta~ paper. Milton Friedman, Nobel laureate in, the like that stifle individual initiative
As to rates of return, they run from a AI to returns, the~. fall COIIS1derably econ9mics, on a visit to the country, and creativity.
minimum of'7~~, plus one-half the ex- .hon or what. secunties or comparable :, urged it for its' own good to follow "Because of capital controls and the
cess over 1~% of the average prime rate quality yield m the marketplaco today.;... the example of the U.S. in the Nine- economic dominance of nationalized
charged by several leadina money-cen- , Diet ~lone ~e'?~ target that.,Mdayof4r-tcenth' Century, when, he pointed out, banks, capilal allocation is woefully in-
ler banks (or a aUlD tola.l or 8~'" right aVid N. D!nkms r:eccntly decree fo:, the economy grew very fast without fed-, efficient.... The government designates
now) (or bonds that mature in slightly New York City pension funds. ' .,)1 eralintervention, while welfare services, who can grow what fruit and woe to the
over 11 years, to 4% on IS-year IO-caUed Beyond considerations of dollAn and ~ then in private hands, worked more ef- individual who owns more than three
current income bonds (plus a fringe cents lie philosophic issues. Throughout I fcctively."'" ," lemon trees without special permission.
benefit for tourists). On the world'. cap- its 42-year history, aner all, tho Slate of ' Since the 'Seventies, of course, the Even the size and shape of (jeUy}
ital mar~ets, that', Jess than competitive. Israel has depended fmancially on the ' free world nearly everywhere has come doughnuts baked for Hannukah are
* * * kindness of stran&ers. AI SelP, which to recognize, the glaring failure of the ,pecified by the government"
. Clearly a trick question, and the an- rates the outlook negative, gently puts it:', command economy. Nonetheless, de- * * *
swer-at least for a good many inves- "The coun~'s ab~ty to meet the bur- spite sporadic attempts at reform, in the Socialist failure at home has agra-
tors-has been equally obvious: buy. den of persIStent rqlonal teDSiona would. slate of Israel socialism still holds sway. vat~-jf ~at'~ possible-Israel's bad
F.. tho ob"""M .. .....ion.._ I I""""" ..... .. Anb .,;ab"'" '"
to be State of Israel bonds, which in : ::". i - ~v Schiff, distinauished Israeli jour-
recent months-especially since mid- , , nalist ~d author of Inti/aM (a book
January, wben war broke out in the BARR 0 N, S MAl L BAG on the Violent response by the people of
Persian Gulf-bave been snapped up by Palestine in recent years to decades of
any and everyone eager to lend fmandal i. C . Israeli occupation)' writes: "Worse yet,
and moral support to that beleaguered or WEhIO,!..~O ~ND ON ters, ~peclally when a storm might be the Palestinians found themselves com-
I d' .0 t e """lIor. brew..... 1 tit th fth. il d . .
an . I . h 'd b M rt Z .. ...... pee y a e mercy 0 e ClV a mlDIS-
Specifically, according to the Devel- F b 'ftas ;nrlc (~It' y B II ~ :~~) s ANTIiONY J. CRESCE~ZI tration in every sphere of economic life.
opment Corp for Israel underwriter Teh' 1 a Ihc ~ d s aed ~ . ar et., New York City Each request for a permit, grant, or
. . , . e ru es e s a oot .or mves mg d' . iled .
Since 1951 orall of Ihat country's secun- h'l t II 'f .. hi" I' ' * * * ISpensauon enta an exhausung
. w I e no a new or mClSlve, are e p.u I'th bbed b
lies sold ~broad, an em~r,ency two- to review. Alan Abelson might also ben- To the Editor: wrest e .Wl. a cra urea~ctacy of
week offenng of SIOO million of five fi Ii b" th I' " " ,,_mostly mdifferent, but sometimes has-
outslanding series was comfortabl e.11 ro~ 0 se~mg.. ~ ru es, espe- . Marty Zwetg I double-barrel buy tile, clerks and officials-a veritablojug-
oversubscribed by expiration date eal. Clally,. ~e neXl~le. It s, okay to be 'tgnal shows a perfect r<<:<>rd ov~r tho gernaut of 400 Jewish mandarins man-
lier this month. Heartened by the re- wrong, It s unforgivable to stay wrong. past 60 some. years. W?ile that s no aging thousands of Arab minions bereft
sponse from Jews and non-Jews alike LOUIS DAWSON guarantee ag~mst loss.m the future, of all authority. Complex tax and cus-
Development CoT' is seeking to rai~ Los Angeles the~e are solid theoretical rcaso~ to toms laws, restrictive marketing arrange-
another $375 milhon or so by the first * * * beheve that these. results arc not Just a ments, and a slew of bewildering decrees
day of Passover which happens to fall To the Editor: . ~aller of luck m a 50-50 game of and regulations were the weapons used
on March 30. ' Martin E. Zweig's technical case for c ance. ' to hold the territories hostage to the
a new bull market is compelling but Zweig's 'i&nal illustrates a "ooher- Israeli CCODQm)'.
, ",.,On thatscore,...9f~urse, muchwiU .ipom factol'l tbatcould nnclormine his -ent" bull market, where the historical "By the 1980$, moreover the Pales-
. depend Otl'h"hlyunl!redictable events conclusions. risk reward outlook for stocks gets tinians derived no compens~ting adnn-
y~t to happen m t.he ~.Iddle East, but '!ie Few would argue that you can't tl!rned upside dQwn (see "The Coherent lage from ,this situation-such as the
WIsh sellers and mdlvldual buyers ahke "~ght the Fed" as Zweig suggests, but Market Hypothesis," Financial Analysts appreciable rise in tho standard of living
v.:~;~llfr.D~~IYbra boweva-,. ..I~ hIS argumen~ are devoid o~ reference to , Journal, Nov./D~. 1990). This occurs thai had mollified them during the first
,CC; ..or UlIe 0 elbonda alto II the extraordtnary underlym& rmaneial when, "group thmk" dommates pre- years of the occupation-so that their
:~~:...~n;:~c:mhL.Lctplace- str~ (as opposed to the usual eco- ferred di~ection. Historically, stocks honeymoon with Israel came to a bitter
" ' . I':"' ....-""'. .... - ~li~.. nomIc stresses) that have caused the Fed have prOVided about a 10% total rate of end. As far as they could see, the 'srm-
'::'~~~~old~~~_to to be so abrupt and ,th~t co!,ld drasti. r~turn with a 20% standard deviation or ,biosis' between Israelis and Palestimans
~~orstate :tlOta1 undreds or ~lly alte~ the expectattons tmplied in mk. Coherent bulls theoretically pro- was more accurately described as "
~I1l'()ur,:,..".~eDt hIS analysIS. \ " vi~e ~ 25% annualized rate of return r~lationship between a horse r'
',. " , , ,"" " ~.,...:~_dlel;!ith In. .the current econoDUC climate.. With ns~ closer to 10%. nder." Without the free moo'
~~'~~'1' '. tcchDlctans could greatly benefit from DuntlJl coherent bull mar".." W.1l r.....__ ,.--....-.---
-.-..o"""""11l'us.:'.axlrdln. In r1i,. .....iI..._....:.__ _ ,--... ~ - 'IIlf I. '
. . II
Jul~ JacksoD
Executive Director
Samuel Chafetz -,
ExeCfJtive Chairman
Robert Siegel STATE OF ISRAEl. BONDS
PMC Chairman
DEVELOPMENT CORPORATION FOR ISRAEL
EXECUTIVE BOARD
Annette Abrams 2200 NORTH FEDERAL HIGHWAY, SUITE 203
Gary Bernstein BOCA RATON, FLORIDA 33431 ' 407-368-9221' FAX 407-368-9338 J( j~ t i:-' EF Ji P
Edward Bobick
Marianne Bobick June. 17, 1991 """{ _':-~' ..__. ~? I~.,. _':.... .'
Irene Danker JUN 1 9 1991
Elaine Blish
Barry Friedberg
Florence Friedberg CITY MANAGtR'C: orTI'-'
Maurice Friedman ~ '-' , r, tJ!~
Mark W. Glickman
Alvin Greenfield
Gloria Greenfield
Evelyn Gross
Martin Grossman '"
Joel Halpern
Sidney Kamino
Martin Karn '" 0
Harold Kay M't. Vavid C. Hakde.n, Citq Manage.k
Dori Klein Citq Hall
William Konar
Abner Levine 100 N.W. 1-6t Ave.YULe.
Sylvia Malvin Ve.lkaq Be.ach, FL 33444
Dee Moore
Howard Pittman '" Ve.aJt MJt. HaJtde.n:
Mildred Pittman
Benjamin Pressner
Jay Raddock We.lc.ome. bacfz bJtOm qouJt vacation. I hope. it wa-6 e.njoq-
Seymour Rappaport able.. In qou we.Jte. awaq bJtom F 1000ida , qou ce.Jttainlq
Ullian Rosenberg mJ..-6-6e.d OUJt dJtought-e.nding JtaiYl.-6.
Margit Rubnitz
Rabbi Dr. Louis L. Sacks
Bernard Schachman Thi-6 le.tte.Jt -6e.JtVe.-6 a-6 a boJtmal Jte.que.-6t to be. put on the.
Freida Siegel council age.nda bOJt Julq 23, 1991 . At that time., I will
Rabbi Merie E. Singer
Eugene B. Squires '" be. bJtinging along MJt . Saul FJte.e.dman bJtom ouJt national
Phyllis Squires he.adquaJtte.Jt-6. Ple.a-6e. le.t me. fznow how manq pe.ople. will
Walter Warheit be. atte.nding the. me. e.ting and at what time. we. aJte. to
Nancy Weingard aJtJtive..
CORPORATE BOARD
Ryna Mehr, Chairman Thank bOlt COYl.-6ide.Jtation. I loofz n OItwaJtd to
Arnold Berliner, M.D. qou qOWl.
Charles Brier -6e.e.ing qou again.
Craig Donoff
Monte Friedkin Since.Jte.lq,
Irving Gennet
Herbert Gimelstob f-L /4-"
Jordan Ginsburg iJ' ~.{~ tt: }:~JY()
Alan Hurst
Richard Levy
Ned R. Nashban Ju.f.ie. J cfz-6on
Allan Porter
Martin Schwartz JJ:hg
Ralph Solomon
Elliot A. Weinberg
NEW LEADERSHIP BOARD
Arvin J. Jaffe, Chairman
Jim Tisdale, Co-Chairman
Benita Appel
Cindy Braun
Steve Brown
Mitzi Donoff
Betsy Gardner
Carol Gart
Shawn Ruben
REGISTERED REPRESENTATIVES BUIW2lQ
Rochelle Levy
Mark Ruben ISRAEL'S
'" Past Executive Chairman ECONOMY
o Deceased YEARS
$10 BIWON
@~476 ..'~N"'..
u...".
....
, , ,
.
[ITY DF DElRAY BEA[H
, .i. ~_~
June 27, 1991
Ms. Julie Jackson
Executive Director
State of Israel Bonds
2200 North Federal Highway, Suite 203
Boca Raton, FL 33431
Dear Ms. Jackson:
In response to your letter of June 17, 1991, please be advised
that your request has been scheduled for the July 23, 1991,
regular meeting agenda of the Delray Beach City Commission. It
is my understanding that you will be making a presentation with
respect to the benefits of investing pension funds in State of
Israel Bonds.
The meeting will begin at 6:00 p.m. and will be held in
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray
Beach. The City Commission is composed of five members (Mayor
and four Commissioners). In addition, the City Manager, two
Assistant City Managers, the City Attorney and the City Clerk
will be in attendance at the meeting. As this matter is of a
financial nature, the City's Finance Director will also be
present. Should you have literature to distribute, sufficient
copies should be provided for each of the individuals mentioned
above.
You will be contacted prior to the meeting to reconfirm your
attendance. Staff will be able to provide you with more specific
information as to the placement of your item on the agenda at
that time. Should you have any additional questions, please do
not hesitate to contact me.
Sincerely,
l1-rk,-,~
David T. Harden
City Manager
DTH/AMH/m
cc: Joseph Safford, Finance Director
THE EFFORT ALWAYS MATTERS
, .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfH
SUBJECT: AGENDA ITEM # 9Jr - MEETING OF AUGUST 13, 1991
APPOINTMENT OF TWO MEMBERS TO THE EDUCATION BOARD
DATE: AUGUST 8, 1991
At the Commission's regular meeting of July 23, 1991, both
Commissioner Andrews and Commissioner Mouw postponed their
appointments to the Education Board. At that meeting,
Commissioner Randolph appointed Deborah Wright to a term on the
board ending July 31, 1993.
The terms of Thomas Fleming and Beth Mulholland expired on July
31, 1991. Mr. Fleming has notified us that he is no longer
interested in being reappointed. Mrs. Mulholland, however, is
eligible for and would like to be considered for reappointment.
Her application is attached for your review. The term of office
is for two (2) years and will expire on July 31, 1993.
Pursuant to the City's code, the members of the Education Board
shall be residents of the City of Delray Beach or shall be a
person with a child or children attending Delray Beach public
schools. Should a member of the Education Board not be a
resident of the City and should that member's child or children
cease attending Delray Beach public schools, then such member
shall no longer be qualified to serve on the board.
The following individuals have also expressed an interest in
being appointed to the Education Board and have submitted their
resumes for consideration:
Linda L. Cochran
Kathryn S. Sloan
Joseph Valentino (currently serving on Kids and Cops)
Horace Waldman
Recommend appointment of two members to the Education Board to
terms ending July 31, 1993. In accordance with the established
rotation system, the appointments will be made by Mr. Andrews
(Seat #3) and Mr. Mouw (Seat #1).
!GnOeEw5 Appoln~ tA-fhe~n SloAn
rYlau...w 1\ 6s#r mu...lhollA-n.o
. -
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME -:6-L-1'r\ f'f\ I) \ ~\ \a Y) d
\
5;:;;"0 S c\ e..ve\~nd r2.c\ J:>-e..h-~ &-c~ Flfr 33Y8 Lf
HOME ADDRESS (Street, City, Zip Code) (LEGAL ~ESIDENCE)
PRINCIPAL BUSINESS ADDRESS (Screec, CiCy, Zip Code)
HOME PHONE ,g8 S~ lo BUSINESS PHONE ~lc,-5)5 J
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING t:dV{'ATI (JV\
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include d~tes)
<C.du ('A \) OV'\
. ,
EDUCATIONAL QUALIFICATIONS 1'\ lJ ~.s. I P <1 :D 19 J l:7Y"Y\- P.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
_Q<e~ ) s. 1~ '1~A. \'1 u~ L, <, f'P ..:?/Y2.C.td J' f\ -FI-R
C .~P~c~6l/r1
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER9 AND POSITION
fh.1 r?!T e~~ Nu(UQ'
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIF~ YOU TO SERVE ON THIS
::rd~A~A~~ b~:m::~JJ~Pr;:~T4~~
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 APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
-?J;ra &X~ /n//..a..b1/~ ~ 7Jr-/91
SIGNATURE DA
4/90
.
~,L' 3JiJ)qO
CITY OF DELRAY BEACH
BOARD ~EMBER APPLICATION
NAME Kathryn S. Sloan
502 Rye Lane, Delray Beach, FL 33444
HOME ADDRESS (Street, City. Zip Code) (LEGAL RESIDENCE)
Kathi SUmrall Realty, Inc. 822 E. Atlantic Ave, Delray Beach, FL 33483
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 278-3175 BUSINESS PHONE 272-6700
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Education
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS
Atlantic High School, graduated 1985
Early Childhood Education Degree, University of Georgia, 1990
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Florida Real Estate Salesman License
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Kathi Sumrall Realty, Inc., Kathi Sumrall, Realtor/Associate
AGENCY EMPLOYER POSITION
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
My degree is in early childhood education. I did three months
of student teaching in Athens, Georgia and another three
,
moa':hs in London
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AN'O I AGREE AJ.'JD
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~&,6Y~ ~L~.~
SIGNATURE / OAT ;;
4/90
".H
-
, . ~
KATHRYN S . SLOAN
PERSONAL BACKGROUND Lifetime resident of Delray Beach
Parents: John Nicholas and Rose Machek Sloan, Ii I
Date of Birth: May 14 , 1967
EDUCATION Trinity Lutheran School, grades K-8
Atlantic Community High School, graduated 1985
University of Georgia, pending degree
EMPLOYMENT
March 1990 to Ka t hi Sumrall Realty, Inc., Delray Beach, Florida
present position: Salesman
Feb. 1988 to
June 1989 Coldwell Banker Upchurch Realty, Athens, Georgia
position: Office Manager's Assistant
Summer 1986, 1987 Wee Care Day Care Center, Delray Beach, Florida
position: Assistant Classroom Teacher; infants,
Two year old, nursery,
Christmas 1985, 1986 Rosella's Bakery, Delray Beach, Florida
and 1987 position: Baker's Assistant
ACCOMPLISHMENTS AND HONORS
Delray Beach Board of Realtors Member
January 1991 to Delray Beach Board of Realtors Committees:
present REALTOR/Lender Commitee
REALTOR/Attorney Committee
Civic Affairs Committee
Social Committee
January 1991 to Cason United Methodist Church Youth Counselor
present
Autumn, 1989 Paticipant in C.O.S.T. program for overseas
student teaching, four months teaching in London,
England
1988 Listed in 1988 Edition of Outstandi~g Young Women
of America
1987-1989 Dean's List, University of Georgia
1985-1989 Campus View Church, Athens, Georgia Committees
Social Coordinator - College Group
Children's Songtime Hour Coordinator and Teacher
Sunday School Teacher
1985 National Pen Women Scholarship
Miss Atlantic
Additional references available upon request
,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~'l
SUBJECT: AGENDA ITEM #9K ~ MEETING OF AUGUST 13, 1991
AUTHORIZATION TO DISPLAY SPECIAL EVENT BANNERS
DATE: August 13, 1991
Attached, for your information is a revised staff report for Agenda
Item 9K. Staff has modified their recommendation with regard to the
display of special event banners on West Atlantic Avenue and at Pompey
Park. Staff recommends that only one banner sign be authorized and
that that banner be located at the entrance of Pompey Park.
Alternatively, staff has suggested that in lieu of the banners,
special events signage be placed in the widows of businesses and in
the medians on West Atlantic Avenue. Such signage would be limited to
20 square feet.
My recommendation is also modified. Recommend approval of a request
from the Haitian Community Center to display a special events banner
at Pompey Park and to display special event signage in business
windows and in the medians on West Atlantic Avenue.
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: JOYCE A. DESORMEAU, OCC. LIC. & SIGN ADMIN. (/~
_.,-,
THRU: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT/~"..
(JEROME SANZONE, CHIEF BUILDING OFFICIAL)
.
RE: BANNER REQUEST FOR HAITIAN AMERICAN PICNIC AUGUST 18, 1991
DATE: AUGUST 9, 1991
ITEM BEFORE THE COMMISSION:
- -
This is a request to install 4 banners to advertise a picnic at Pompey Park
which will provide information regarding HRS, Planned Parenthood, Aids,
Sexual Maladies, legal service, etc. The picnic will be held 11:00 a.m.
until 4 p.m., August 18, 1991.
BACKGROUND:
The sign code per Section 4.6.7(C)(5) does not allow banners other than for
grand opening. Section 4.6.7(D)(j) does not allow special event banners.
It does permit signs limited to 20 sq. ft. for special events which are of
general benefit, civic or cultural, to the community at large. The banners
are 64 square ft.
The banners will be 4' x 16' and will be installed immediately upon
Commission approval. The four banner locations are as follows:
l. Mario's Grocery, 1130 W. Atlantic Ave.
2. Peoples Market, 422 W. Atlantic Ave.
3. Undetermined at this date, but also on W. Atlantic Ave.
4. The entrance of Pompey Park
RECOMMENDATION:
Staff recommends just one banner be authorized for the picnic. This banner
should be placed at the entrance of Pompey Park. This would emulate banners
which are placed at other city facilities such as Cason Cottage and Old
School Square for special events. Staff feels the banner size (64 sq. ft. )
is excessive for commercial property, especially compared to the maximum
grand opening banner which is 50 sq. ft. As an alternative suggestion,
staff recommends window signage advertising the picnic be placed at
businesses on W. Atlantic Ave. Special event signs not to exceed 20 sq. ft.
could also be placed in the city medians with Commission approval, such as
is done for the Delray Affair.
lidd~ -1-0 AqEllD A ~ 9.L.
.-."" --
MEMORANDUM
To: David T Harden, City Manager
Thru: William H Greenwood, Director of Environmental~4~
Services
Mark A Gabriel, Assistan~rectorof Environmental
Services/City Engineer ~
From: Howard Wight, Construction Manager
Date: August 13, 1991
Subject: Old School Square (Project 91-62)
Paving/concrete/paver Block Proposals for NE 1st
Ave zzs-3/t..1- 5SQ - &/. 0r
Two Proposals were received for the above referenced
project. One from Pavex, Inc., who is currently constructing
Project 91-33, the intersection of 4th Ave and 10th st. The
other proposal is from Stinson-Head, Inc. , who is the
general contractor constructing the Old School Square
on-site improvements.
It appears that Pavex, Inc. is the' low bidder for the above
referenced project at $79,381.50. stinson-Head, Inc. price
for the same scope of work is $81,702.50.
staff recommends award to Pavex, Inc. in the amount of
$79,381.50. Contract to be based on unit price basis for
actual work installe~. Work would be awarded as Change Order
#1 to Project #91-33.
Pavex, Inc. has agreed to mobilize the Project on Monday,
August 19, 1991 if awarded the work. This time frame
coincides with completion of the underground utilities in
thatl;C:: Inc.
----- ----------------~--------~--
R. Howard Wight ~5-0
:rhw ~O~~ .
) WCu..ve."
File: 91-620 m~~~
91-33D
A:oldschol.doc q... fu.u.<u..dL ~ t:o Pit u EX U'<..lL
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,
. MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER:fi
SUBJECT: AGENDA ITEM #: IDA - MEETING OF AUGUST 13, 1991
ORDINANCE NO. 49-91
DATE: August 7 , 1991
Second reading and public hearing on this ordinance was deferred at
your July 23rd meeting. This is a second reading of an Ordinance
amending the Land Development Regulations to provide for commercial
activities and businesses upon publicly owned lands as a conditional
use in the Community Facilities (CF) zoning district.
This proposed ordinance is in anticipation of a request which would
allow use of public facilities at Veteran's Park for the conduct of a
commercial operation. Although this item is being considered due to
that potential land use request, it would also apply to other public
lands throughout the City.
Alternatively, along with the conditional use request associated with
this item, another option has been provided. Should the Commission
decide not to approve this ordinance on second reading, the proposed
use - commercial boat and ticket sales could be declared a
recreational function; and thus, the boat could continue to operate
at Veteran's Park.
The Planning and Zoning Board at their July 15 meeting recommended
approval.
Recommend consideration of Ordinance No. 49-91 on second and final
reading.
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. -----"------- _.~------- - ----- --- ~ -- - --------- ---
ORDINANCE NO. 49-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.21, "COMMUNITY
FACILITIES (CF) DISTRICT" , SUBSECTION 4.4.21(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY ADDING A NEW SUB-SUBSECTION 4.4.21(D)(3) TO
PROVIDE FOR COMMERCIAL ACTIVITIES AND BUSINESSES
UPON PUBLICLY OWNED LANDS AS A CONDITIONAL USE,
AND RENUMBERING SUB-SUBSECTIONS 4.4.21(D) (3)
THROUGH 4.4.21(D) (12) AS 4.4.21(D)(4) THROUGH
4.4.2l(D) (13); 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 Chapter 4, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.21, "Community
Facili ties (CF) District", Subsection 4.4.2l(D), "Conditional
Uses and Structures Allowed", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and sub-subsections
4.4.21(0) (3) through 4. 4 . 21 (D) (12) are renumbered to 4.4.21 (D) (4)
through 4. 4 . 21 (D) (13) , and a new sub-subsection 4.4.21 (D) (3) is
hereby enacted to read as follows:
( 3) Conduct of commercial activities and businesses of
a permanent nature upon publicly owned lands.
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
which are in conflict herewith be and the same are hereby
repealed.
Section 4. That this ordinance shall become effective
ten (10 ) days after its 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 June 25, 1991
Second Reading
.
-I ;~
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,- -', ,
: .
.
C I T Y COM MIS S ION DOC U MEN T A.T ION
TO: DAVID HARDEN, CITY MANAGER
FROM: (J~)~~TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 13, -1991
ORDINANCE 49-91, COMMERCIAL USES IN C.F. ZONING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of Ordinance 49-91 on second and final reading.
BACKGROUND:
This item was considered at the last meeting of the City
Commission but action was deferred pending further review by the
Planning and Zoning Board.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at a
special meeting held on July 29th. The item was framed to the
Board in the following manner:
"should such uses be characterized as 'recreational' and not
require consideration under land use processing as opposed
to enacting the proposed change?"
The Board reviewed the material previously prepared by Kathy
Stokes and Betty Matthews. On a 5-0 vote, the Board reaffirmed
its previous position and recommendation that the proposed text
amendment be adopted Le. to add "commercial uses on public
property" to the list of permissible conditional uses in the C.F.
Zone District. The Board also made the finding that such an
action is not inconsistent with the Comprehensive Plan.
In a separate action, the Board directed that modifications
pertaining the title and the purpose statement of C.F. Zone
District be placed before them for review and recommendation to
the City Commission.
.j-II
City Commission Documentation
Ordinance 49-91, Commercial Uses in CF ZOning
Page 2 .
DISPOSITION OF ASSOCIATED ISSUE: WATERWAY CRUISE REQUEST
Affected by the decision made on Ordinance 49-91 is the
disposition of the request by Stillwater Cruise to operate a
sightseeing cruise from Veteran's Park (zoned CF). This item may
be handled in one of two ways. These are:
( 1 ) Approve Ordinance 49-91 and then approve the conditional use
request which is appropriately before the Commission as
sub-item 1.
(2 ) Reject Ordinance 49-91 and direct that the item be brought
forwarded concurrent with the other modifications to the
C.F. Zone District which the Planning and Zoning Board has
under consideration. Then declare that the proposed
sightseeing cruise boat operation is a recreational activity
and as such is allowed as a principal use similar to parks
and recreational facilities and other types of facilities
which are allowed within the CF zone district. Under this
approach no specific land use approval would be required and
action on the conditional use application becomes moot. Such
a consideration is agendized as sub-item 2.
RECOMMENDED ACTION:
By motion, act either in line with option 1 or 2. Since there
may be legal considerations, given the stated intent of Mrs.
Stokes to pursue challenges to actions taken which would
accommodate the boat operation, I defer to the City Attorney as
to the most appropriate alternative to pursue at this time.
DJK/#CCCF.txt
<II'
.
Prepared statement by Kathy Stokes, resident of Delray Beach
and Co-chair of the Recreation and Open Space Task Team for
the Comprehensive Plan, presented on August 13, 1991 , at a
hearing before the Delray Beach City Commission on proposed
Ordinance 49-91 which contains an amendment tot he all owab 1 e
conditional uses in the CF Zone District.
Pursuant to Florida Statute 166 .041( 1 )( c)2. ( phot ocopy at-
tached) , the State requires certain procedures be followed
for adoption of an ordinance initiated by a governing body
or its designee which substi:mt ially changes permitted use
categories in zoning districts. In cases in which the pro-
posed ordinance deals with more than 5 percent of the total
land area of the municipality, there are specific require-
ments for the governing body regarding pub 1 i c notice and
hearings.
If this proposed amendment is approved by the Ci ty Commis-
sion tonight, the governing body of Delray Beach wi 11 have
fa i 1 ed to follow two requirements of this statute. Further-
more, if passed, I believe the Ci ty has adopted an LOR
amendment which is incompatible with the objectives and pol-
icies of the Comprehensive Plan.
If I am not permitted to complete my presentation, I hereby
request that this prepared statement, a copy of which I have
handed to the C i t y Clerk and copies of which I have already
distributed to the City Commissioners on Monday, August 12,
1991 , be made part of the minutes of this meeting.
Section 166 .041 ( 1 )( c )2 of the Florida Statutes applies to
this proposed ordinance because the amendment substantially
changes the permitted use categories in the Community Facil-
ities (CF) Zone District by adding the conditional use of
commercial activities and businesses of a permanent nature
on publicly owned lands. It also applies because the pro-
posed ordinance deals with more than 5 percent of the total
land area of the municipality. The CF Zone District in-
cludes all the recreational areas (except the 1 .4 mi beach,
water bodies and the scrub propert y ) , all governmental fa-
cilities and publ ic buildings, schools, hospitals and
churches in the City.
Wh i 1 e it might be argued that the statute should be con-
strued narrowly to apply only to the area within the Zone
District that is effected by the proposed amendment, I be-
l i eve this is an incorrect interpretation of the statute.
However, even based on this narrow reading of the statute,
this proposed ordinance is subject to the requirements of
11.1'
.
the statute because the land involved st i 11 exceeds 5% of
the land area of the mu n i c i pa 1 i t y . This 5% test is met on
the narrow reading because the amendment proposes to add to
the CF Zone District the conditional use of commercial ac-
tivities and businesses of a permanent nature upon publicly
held land. Publicly held land in the CF Zone District in-
cludes at least the following:
All parks (except the 1 .4 mi. beach and water bodies)
Golf course
All public schools and grounds
Municipal parking lots
Fire/police stations
Municipal public buildings, maintenance areas and
vacant land owned by the City
Public utility facilities
Courthouse and the County facilities on Congress Ave.
Old School Square
Furthermore, in situations where a controversy may
arise over this or other statutes whose appl icabi 1 i ty is
based on land area coverage, the staff report provided by
the City's Planning and Zoning Department should clearly ad-
dress the issue rather than putting the burden of proof on
the citizenry, the City Clerk's Office or the City Attorney.
Since Section 166 .041( 1 )( c )2 of the Florida Statutes
clearly applies in this case, the City Commission must hold
two properly noticed hearings regarding this proposed amend-
ment change. The hearing held on July 23, 1991, was not
properly noticed pursuant to this statute, and, as further
requried by the statute, the Ci ty Attorney fa i 1 ed to an-
nounce at that hearing the date, time and place of the sec-
ond hearing. Consequently, if properly noticed, the hear-
ing tonight would only represent the first of the two
hearings required, and the Ci ty Commission may not vote to
approve the proposed amendment tonight.
While the notice for tonight's hearing represents a
significant improvement over that for the July 23rd meeting,
it is still a case of "The Good, the Bad, and the Unfort u-
nate" (with apologies to Clint Eastwood). "The Good" is the
notice for tonight's hearing meets the quarter-page size re-
quirements contained in the statute. "The Bad" is that the
geographic location map supplied by the Planning & Zoning
o i r.ect or for use in the advertisement does not meet the
statutory requirements that the map clearly indicates the
area covered by the proposed change. The statute requires a
H'
detailed map because the alternative in lieu of advertising
is to ma i 1 notices to each person owning real property with-
in the area covered by the ordinance (Sect ion
166 .041 ( 1 )( c )2. c. ) The City's notice for this hearing has a
map that contains only the municipality's boundaries ( see
attached phot ocopy ) . In contrast, let me show you a notice
for a permitted use change published by the City of Boynton
Beach that meets the statutory requirement because the map
clearly indicates the area covered by the proposed ordinance
by highlighting the effected zone district ( see attached
photocopy).
"The Unfortunate" is that the notice for tonight's
hearing is deficient, and as a result, the Ci ty needs to
start over again.
In closing, I would like to remind you as I stated at
the hearing of July 23, 1991 , that, as substantially affect-
ed person, I believe that this LDR amendment is incompatible
wi t h the po I icy in the Recreation and Open Space Land Use
that u[l]and shown under this designation shall not be used
for any purpose other than recreation, open space, or con-
servation, and I have a right of petition to have an admin-
istrative review by the DCA. Even if the City starts over
again and complies wi th the notice and hearing process re-
quired by the statute, I still p I an to file a petition with
the DCA once the City Commission has approved the amendment.
.1-1'
F.S. 1989 MUNICIPALITIES Ch. 166
to the electors of said municipality a proposed amend. or amended by reference to its title only. Ordinances to
ment to its charter, which amendment may be to any revise or amend shall set out in full the revised or amend.
part or to all of said charter except that part describing ed act or section or subsection or paragraph of a section
the boundaries of such municipality. The governing or subsection.
body of the municipality shall place the proposed (3)( a) Except as provided in paragraph (c), a pro-
amendment contained in the ordinance or petition to a posed ordinance may be read by title, or in full, on at
vote of the electors at the next general election held least 2 separate days and shall, at least 10 days prior to
within the municipality or at a special election called for adoption, be noticed once in a newspaper of general cir-
such purpose. culation in the municipality. The notice of proposed en-
(2) Upon adoption of an amendment to the charter actment shall state the date, time, and place of the
of a municipality by a majority of the electors voting in meeting; the title or titles of proposed ordinances; and
a referendum upon such amendment, the governing the place or places within the municipality where such
body of said municipality shall have the amendment in. proposed ordinances may be inspected by the public.
corporated into the charter and shall file the revised The notice shall also advise that interested parties may
charter with the Department of State, at which time the appear at the meeting and be heard with respect to the
revised charter shall take effect. proposed ordinance.
(3) A municipality may amend its charter pursuant to (b) . The governing body of a municipality may, by a
this section notwithstanding any charter provisions to two-thirds vote, enact an emergency ordinance without
the contrary. This section shall be supplemental to the complying with the requirements of paragraph (a) of this
provisions of all other laws relating to the amendment of subsection. However, no emergency ordinance shall be
municipal charters and is not intended to diminish any enacted which enacts or amends a land use plan or
substantive or procedural power vested in any munici- which rezones private real property.
paJity by present law. A municipality may, by ordinance (c) Ordinances initiated by the gov$rning body or its
and without referendum, redefine its boundaries to in. designee which rezone specific parcels of private real
elude only those lands previously annexed and shall file property or which substantially change RBrmitted use
said redefinition with the Department of State pursuant categories in zoning districts shall be enacted pursuant
to the provisions of subsection (2). to the following procedure:
(4) There shall be no restrictions by the municipality 1. In cases in which the proposed rezoning or
on any employee's or employee group's political activity, change in permitted use involves less than 5 percent of
while not working, in any referendum changing employ- the total land area of the municipality, the governing
ee rights. body shall direct the clerk of the governing body to noti.
(5) A municipality may, by unanimous vote of the fy by mail each real property owner whose land the mu.
governing body, abolish municipal departments provid- nicipality will rezone or whose land will be affected by
ed for in the municipal charter and amend provisions or the change in permitted use by enactment of the ordi-
language out of the charter which has been judicially nance and whose address is known by reference to the
construed to be contrary to either the state or federal latest ad valorem tax records. The notice shall state the
constitution. substance of the proposed ordinance as it affects that
1IIlIIIy.-.. 1. ell. 73-129: .. 1. ell. lIS-95. property owner and shall set a time and place for one
118.032 Elector..-Any person who is a resident of or more public hearings on such ordinance. Such notice
a municipality, who has qualified as an elector of this shall be given at least 30 days prior to the date set for
state, and who registers in the manner prescribed by the public hearing, and a copy of the notice shall be kept
general law and ordinance of the municipality shall be available for public inspection during the regular busi.
a qualified elector of the municipality. ness hours of the office of the clerk of the governing
1IIeDry.-a. I, ell. 73-12l1. body. The governing body shall hold a public hearing on
the proposed ordinance and may, upon the conclusion
111.041 Procedure. for adoption of ordinance. of the hearing, immediately adopt the ordinance.
and relolutlon..- 2: In cases in which the proposed ordinance dells
(1) As used in this section, the following words and with more than 5 percent of the total land area of the mu.
terms shall have the following meanings unless some nicipality, the governing body shall provide for public no-
other meaning is plainly indicated: tice and hearings as follows:
(al "Ordinance' means an official legislative action of a. The local governing body shall hold two adver-
a governing body, which action is a regulation of a gen- tised public hearings on the proposed ordinance. Both
eral and permanent nature and enforceable as a local hearings shall be held after 5 p.m. on a weekday, and
taw. the first shall be held approximately 7 days after the day
(b) "Resolution" means an expression of a governing that the first advertisement is published. The second
body conceming matters of administration, an expres- hearing shall be held approximately 2 week. after the
SIOII of a temporary character, or a provision for the dis. first hearing and shall be advertised approximately 5
position of a particular item of the administrative busi. days prior to the public hearing. The day, time, and
ness of the governing body. place at which the second public hearing will be held
(2) Each ordinance or resolution shall be introduced shall be announced at the first public hearing.
"writing and shall embrace but one subject and mat- b. The required advertisements shall be no lell
ws properly connected therewith. The subject shall be than one-quarter page in a standard size or a tabloid
dearly stated in the title. No ordinance shall be revised size newspaper, and the headline in the advertisement
1007
'C~
- MUNICIPALITIES
Ch. 166 F.S. 1989
shall be in a type no smaller than 18 point. The advertise' (1) The governing body of each municipality may
ment shall not be placed in that portion of the newspa. designate its agents or employees as code inspectors
per where legal notices and classified advertisements whose duty it is to assure code compliance. Any person
appear. The advertisement shall be published in a news. designated as a code inspector may issue citations for
paper of general paid circulation in the municipality and violations of municipal codes and ordinances, respec.
of general interest and readership in the community. not lively, or subsequent amendments thereto, when such
one of limited subject matter, pursuant to chapter 50. It code inspector has actual knowledge that a violation
is the legislative intent that, whenever possible, the ad. has been committed.
vertisement appear in a newspaper that is published at (2) Prior to issuing a citation, a code inspector shal
least 5 days a week unless the only newspaper in the provide notice to the violator that the violator has com-
community is published less than 5 days a week. The mitted a violation of a code or ordinance and shall estab-
advertisement shall be in the following form: lish a reasonable time period within which the violator
NOTICE OF ZONING (PERMITTED USE) CHANGE must correct the violation. Such time period shall be no
more than 30 days. If, upon personal investigation, a
The (name of local (]Qvernment.1 unlit proposes to rezone code inspector finds that the violator has not corrected
(Change the permitted use of) the land within the area the violation within the time period, the code inspector
shown in the map in this advertisement. may issue a citation to the violator. A code inspector
A public hearing on the rezoning will be held on ~ does not have to provide the violator with a reasonable
and time' at (mHl1na clace' . time period to correct the violation prior to issuing a cita-
The advertisement shall also contain a geographic loca. tion and may immediately issue a citation if the code in-
spector has reason to believe that the violation presents
tion map which clearly indicates the area covered by the a serious threat to the public health, safety, or welfare,
proposed ordinance. The map shall include major street or if the violation is irreparable or irreversible.
names as a means of identification of the area. (3) A citation issued by a code inspector shalf slale
c. In lieu of publishing the advertisement set out in the date and time of issuance; name and address of lhe
this paragraph, the municipality may mail a notice to person in violation: date of the violation; section of the
each person owning real property within the area cov. codes or ordinances, or subsequent amendments there-
ered by the ordinance. Such notice shall clearly explain to, viOlated; name of the code inspector; and date and
the proposed ordinante and shall notify the person of lime when the violator shall appear in county court.
the time, place, and location of both public hearings on
the proposed ordinance. (4) Nothing in this section shall be construed to au-
(4) A majority of the members of the governing body thorize any person designated as a code inspector to
shall constitute a quorum. An affirmative vote of a majori. perform any function or duties of a law enforcement offi.
ty of a quorum present is necessary to enact any ordi. cer other than as specified in this section. A code in-
nance or adopt any resolution; except that two-thirds of spector shall not make physical arrests or take any pel'
the membership of the board is required to enact an son into custody and shall be exempt from requirements
emergency ordinance. On final passage, the vote at relating to the Special Risk Class of the Florida Retire-
each member of the governing body voting shall be en. ment System, bonding, and the Criminal Justice Stand.
tered on the official record of the meeting. All ordinances ards and Training Commission, as defined and provided
or resoluti~s passed by the governing body shall be. by general law.
come effective 10 days after passage or as otherwise (5) The provisions of this section shall not apply 10
provided therein. the enforcement pursuant to ss. 553.79 and 553.80 01
(5) Every o~dinance or resolution shall. upon its final building codes adopted pursuant to s. 553.73 as they
passage, be recorded in a book kept for that purpose apply to construction, provided that a building permit is
and shall be signed by the presiding officer and the clerk either not required or has been issued by the municipali-
of the governing body. ty. For the purposes of this subsection, "building codes'
(6) The procedure as set forth herein shall constitute means only those codes adopted pursuant to s. 553.73.
a uniform method for the adoption and enactment of mu- (6) The provisions of this section may be used by I
nicipal ordinances and resolutions and shall be taken as municipality in lieu of the provisions of part II of chapter
cumulative to other methods now provided by law for 162.
adoption and enactment of municipal ordinances and (7) The provisions of this section are additional 01
resolutions. By future ordinance or charter amendment, supplemental means of enforcing municipal codes and
a municipality may specify additional requirements for ordinances. Except as provided in subsection (6), not/\-
the adoption or enactment of ordinances or resolutions ing in this section shall prohibit a municipality from en-
or prescribe procedures in greater detail than contained forcing its codes or ordinances by any other mean..
herein. However, a municipality shall not have the power Hl.....,.-.. 13. CI\. "'261.
or authority to lessen or reduce the requirements of this 166.042 l.egislative intent.-
section or other requirements as provided by general (1) It is the legislative intent that the repeal by chap-
law. ter 73-129, Laws of Florida. of chapters 167, 168, 169.
Hlllory.-.. 1. c:II. 73-129:..2. c:II. 76-155:..2. c:II. 71-331: s. I. c:II. 83-240:..
1. c:II. 83-301. 172. 174, 176, 178. 181, 183, and 184 of Florida Statutes
166.0415 Enforcement by code inspectors; cita- shall not be interpreted to limit or restrict the powers 01
municipal officials, but shall be interpreted as a recogn;.
tions.- tion of constitutional powers. It is. further, the legislative
1008
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CITY OF. DELRA.Y BEACH
NOTICE OF PERMITTED USE CHANGE-
-he City of Delray Beach proposes to change the permitted use of land
vithin the area shown in the map in this advertisement. The proposed
:hange is as follows:
1) Amending the CF (Community Facilities) Zoning District to provide for
Conduct of commercial activities and businesses of a permanent na-
ture upon publicly owned lands.
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. tted use of
;1 sernent. The
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ng District
: ivities and
licly owned
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; the proposed
Commission
. lray Beach,
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_..,.._..J . blic hearing
The proposal
N City Hall,
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00 P.M., on
The City Commission will condud a Public Hearing on the proposed change
on August 13,1991, at 7:00 P.M., in the City Commission Chambers at the
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. for the purpose of ra- appeal any
ceiving public comment. . a~y matter
w1ll need a
All interested citizens are invited to attend this public hearing and comment h P7rson (~ )
upon the proposed permitted use change. The proposal may be inspected at' ceedl.ngs. l.S
the Planning Department Office, City Hail, 100 N.W. 1st Avenue, Delray e upon whl.ch
Beach, Florida, 33444, Phone: 407/243-7040, between the hours of 8:00 or prepare
A.M~ and 5:00 P.M., on weekdays (excluding holidays).
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Please be. acMSed that if a p.rson(l) cftIctde8.to appeat anY d8Ci8Iort':~~.'" Y BEACH
by the City Commission with 'respect to any matter considered at this meet..;, ..' gor Harty
ing or hearing, such person(s) will' need a record of these proceedings, and * * * * * * * * * * * * * * * * * *
for this purpose such person(s) may need to. ensure that a verbatim record of .
the proceedings is made, which record includes the testimony and evidence nd the headline
upon which the appeal is to be based. The City does not provide or prepare
such record.
. where legal
Publish: The News CITY OF DELRAY BEACH
Boca Raton/Defray Beach/Boynton Beach. Alison MacGregor H8f.1Y
AUgust 3, 1'991 . . City Clertc . .' .
A'" """"ot ~"c:.
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tf"" NOTICE OF CHANGE OF PERMITTED
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before the City Commis-
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All interested ",
may appear at these meetings
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.. Commission with respect to
to ensure that a verbatim re-
record includes the testimony
based. - .-...-.
0 ZANNE M. KRUSE, CITY CLERK I
; CITY OF BOYNTON BEACH
PUBLt;), : .r")ecember 13, 1990 .,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: Crl'Y MANAGER t ,"- (
SUBJECT: AGENDA ITEM #: lo.A. ,~ MEETING OF AUGUST 13, 1991
REQUEST FOR CONDITIONAL USE APPROVAL/BOAT CRUISE OPERATION
DATE: August 7, 1991
We have received a request for conditional use approval to allow a
boat cruise operation at Veteran's Park. A similar request was
previously before the Commission for conditional use approval to
operate a cruise operation and ticket sales on the east side of Palm
Square, just south of East Atlantic Avenue. The Commission denied
that request. Subsequently, in order to assess potential impacts of
noise, disruptions, and congestion, the Commission did approve a
temporary mooring permit for Stillwater Cruises to operate adjacent to
Veteran's Park.
The applicant has apparently abandoned seeking use approval south of
the Atlantic Avenue Bridge. Thus, the only consideration now before
the Commission is that of allowing the use at Veteran's Park.
Alternatively, along with this request, another option has been
provided. Should the Commission decide not to approve Ordinance No.
49-91 the conditional use request would become moot. Therefore, in
order for the boat operation to continue at Veteran's Park, it would
have to be determined to be a recreational function by the Commission.
The Planning and Zoning Board at their July 15th meeting recommended
approval of the conditional use request (5-0 vote/ Beer and FeIner
absent), subject to conditions. At that time opposition was heard
against the conditional use request.
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY ~1ANAGERt7- r
SUBJECT' : AGENDA ITEM # IO.A.a - MEETING OF AUGUST 13, 1991
ALTERNATE ACTION REGARDING CRUISE SHIP AND TICKET SALES AT
VETERANS PARK
DATE: August 7, 1991
An alternate actlon has been proposed regarding the cruise ship and
ticket sales at Veterans Park. The Commission may wish to reject
Ordinance 49-91, which would make the conditional use issue moot, and
declare that the proposed sightseeing cruise boat operation is a
recreational activity and as such is allowed as a principal use
similar to parks and recreational facilities and other types of
facilities allowed within the CF (Community Facilities) zone district.
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY I.L'1NAGERll-1
SUBJECT: AGENDA ITEUI # 10. fL3 - MEETING OF AUGUST 13, 1991
LICEN,SE AGRE2MENT/ISAN CHARTERS, INC. D/B/A STILLWATER
CRUISES
DATE: August 7 , 1991
The City Attorneyls office has prepared a License Agreement for the
operatlon of the Stillwater CL'uise Ship operation aL Veterans Park.
There are several major issues which require further direction from
Lhe Commission. Those items are outlined in the staff report attached
as backup for this 't-
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MEMORANDUM
DATE: August 8, 1991
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Stillwater Cruise Ship Operation at Veterans Park
License Agreement
Our office has prepared the attached License Agreement
governing the above-stated matter for your approval. The
purpose of this letter is to outline some of the major
issues requiring further direction by the Commission. In
summary these are:
1. Term of agreement: 5 years with a renewable 5 year
term vs. a 10 year term.
2 . Method of calculation of license fee:
A. 10 year agreement based on Gross Receipts, or
B. 10 year agreement based on CPI, or
C. 10 year agreement based on Built in
Escalation clause, or
D. Renegotiate after 5 years with 5 year option to
renew
3 . Location of mooring and ticket office.
4. Appropriate time to commence serving food or alcoholic
beverages.
5. Use of Park by similar operation.
The License Agreement calls for a five year term which may
be renewed for an additional five years. At the end of the
initial five year term, the parties may adjust the license
fees. The initial license fee is $700.00 dollars per month.
The fee will commence at the time the City receives a Notice
of Commencement of operation which must occur within 12
months of the date you approve the license agreement. The
Licensee has requested the 12 month start up period to
facilitate the acquisition of the new boat.
'1.1<
City Commission
August 8, 1991
Page 2
The Licensee is concerned with the renegotiation of fees at
the end of the five year period and would prefer a ten year
agreement. It is our office's opinion that the only sure
way of addressing the licensee's concerns with the current
agreement language requiring renegotiation after five years,
is to enter into a ten year agreement.
If the City Commission desires to enter into a ten year
agreement, then the City may tie the license fee to a
percentage of gross receipts, or the CPI, or set a fixed
escalation of the license fee in the agreement. Alternates
A, Band C, attached hereto, set forth a gross receipts
approach, a CPI approach and a fixed escalation approach,
respectively, should you desire to extend a 10 year license
term. The County used the Gross Receipts approach and
collected $80,000 dollars last year. The proposed cruise
ship operation at Veterans Park, however, is a smaller
operation and, thus, it is not likely that a gross receipts
approach would produce the same amount of revenues as the
County operation at Phil Foster Park. Joe Safford, Director
of Finance, recommends Alternate A, the Gross Receipts
Method. Dane Mark of Stillwater Cruises requests that the
City adopt Alternate A.
The Agreement permits the City to choose the exact location
for the mooring of the ship. The Licensee prefers a
location on the south side of Veterans Park. Joe Weldon,
Director of Parks and Recreation prefers dockage at the
north side of the park. The Licensee feels that the north
side mooring will subject the boat to a wake which may make
boarding hazardous, and will block picnic table view.
Licensee states that the south side location is preferable
because it is farther from residential neighborhoods, the
visibility from the bridge gives the operation a greater
chance of success, and the security of the boat is enhanced
by being closer to the bridgetender. Joe Weldon opines that
a souths ide location will block the view of the intercoastal
from the park.
The License Agreement does not permit food or alcoholic
beverages to be served prior to fifteen minutes before the
scheduled departure of the ship; and states that no docked
restaurant shall be operated at the park. The Licensee
would prefer a 45 minute or one hour time frame to commence
such service prior to departure of the ship.
The Licensee is also requesting that no other similar
operation be allowed to go to or from Veterans Park. This
Agreement does not address this issue.
City Cemmission
August 8, 1991
Page 3
Please do not hesitate to contact our office if you would
like.JE....1isc)S this matter further.
C:C;i_~/(,L ___-
SAR: el.U \ I -
cc David Harden, City Manager
Joe Safford, Director of Finance
Joe Weldon, Director of Parks and Recreation
Mr. Dane Mark
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Based on a 10-year Agreement
Alternate A - Gross Receipts Method
4.01 Minimum Guarantee and percentaqe Fees: The
Lessee shall pay to the City a minimum annual payment of
$8,400.00, divided into equal monthly payments of $700.00
per month, or a percentage of gross sales based on the
following schedule, whichever is greater:
For the first 5 years under this License
Agreement, 1 1/2% of the first 1,044,000 in gross
receipts, 5 1/2% of the next $456,000 in gross
receipts, and 7% of all gross receipts in excess
of $1,500,000. Beginning with the sixth year, the
rates will change to 2 1/2% of the first $1044,000
in gross receipts, 5% of the next $456,000 in
gross receipts and 6 1/2% of all gross receipts in
excess of $1,500,000.
The minimum monthly payment of $700.00 shall be
made without billing, on the first of the month following
the date on which the Licensee begins his operation as
required by paragraph 5.02 under this License Agreement and
on the first of each month thereafter.
If an additional amount is due to cover the
difference between the annual minimum payment and the
applicable percentage, it will be payable at the time the
annual report is prepared, no more than sixty (60) days
following the completion of the City's fiscal year.
Alternate B - CPI
The license fee shall be adjusted upward or
downward annually to reflect changes in the cost of doing
business as measured by fluctuations in the Consumer Price
Index (CPI) as published by the U.S. Department of Labor;
Bureau of labor Statistics of 19 = 100. Beginning in
October, 1982, the net change in the license fee calculated
for each year of this license agreement shall reflect such
increase or decrease in the CPI for the last calendar year,
but any decrease shall not exceed 10% per annum. Any
. increase which may occur in the CPI is not subject to
limitation.
Alternate C - Built in Escalation
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For the first year of operation, the Licensee
shall pay to the City an annual payment of $8,400 and
divided into equal monthly payments of $700.00 per month.
The 'monthly payment of $700.00 shall be made without
billing, on the first month following the date of the notice
of commencement as required in paragraph 5.02 and on the
first of each month thereafter.
For the remainder of the 10 year term, licensee
shall pay each year as follows:
Year 2 $ 700.00
3 700.00
4 1,000.00
5 1,100.00
6 1,200.00
7 1,300.00
8 1,400.00
9 1,500.00
10 1,600.00
The license fee shall be paid in equal monthly installments.
Each payment shall be made without billing on the first
month.
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LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 19 , by and between the CITY OF . DELRA Y
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BEACH, FLORIDA, a municipal corporation, (hereinafter referred
to as "City") as Licensor and ISAN Charters, Inc. d/b/a
Stillwater Cruises (hereinafter referred to as "Licensee"),
WIT N E SSE T H:
WHEREAS, the City, pursuant to its Home Rule Powers
and pursuant to Section 92.15 of the Code of Ordinances of the
City of Delray Beach, has the power to permit the mooring of
boats to any real and personal property which is owned by the
City; and,
WHEREAS, the City has been approached by Stillwater
Cruises for the purpose of operating a cruise boat operation
out of Veteran's Park and,
WHEREAS, the City believes it to be in the best
interest of the citizens of Delray Beach and the redevelopment
of the downtown area to allow such operation.
NOW, THEREFORE, in order to carry out the purposes of
the offer and acceptance, the parties hereto covenant and agree
with each other in accordance with the provisions hereof:
ARTICLE 1
1.01. Term: The City hereby licenses to Licensee
for a term of five ( 5 ) years beginning on the date of the
City's re~eipt of the Notice of Commencement of the cruise ship
operation as further described in Paragraph 5.02 of this
Agreement, the premises described in Article 3.01 hereof for
the operation of a cruise boat and restaurant operation as
described in Paragraph 1.02.
1. 02 . Purpose: The purpose of this Agreement is to
provide for the operation of luncheon and dinner and/or
sightseeing excursions and cruises from the site described in
Section 3.01. The City warrants that this is an acceptable and
approved use for this site. The scope of the operation will be
limited to the aforesaid cruises, sale of admission tickets for
such, food and beverage sales and sale of private charters for
such cruises on the excursion vessel.
1. 03. License Agreement: The intention of the
parties is to create a license for a non-commercial use of dock
space only. This Agreement confers no lease-hold interest and
should be construed by a court of competent jurisdiction to be
a license Agreement only.
ARTICLE 2
2.01. Option to Renew: Provided that there has been
no default of the license by Licensee, this license may be
renewed for a five (5)'year period, upon the completion of the
initial five ( 5 ) years, under such terms as may be agreeable to
both the City and the Licensee. The renewal shall run consecu-
tively so as to make this license continuous in its operation
from the beginning to its termination, a period of ten (10)
years.
2
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-2.02. Title to Improvements: Title to all
improvements made and alterations constructed or installed on
the premises described in Paragraph 3.01 shall at all times
during the effective period of this agreement remain and be the
property of the City.
ARTICLE 3
3.01. Legal Description of the Licensed Premises:
All of Block 132, according to Plat of the Town of Linton, now
Delray, on file in the Office of the Clerk of the Circuit Court
in and for Palm Beach County, State of Florida, containing 4.48
acres more or less.
The exact location of the boat mooring, pilings and
other attendant improvements within the licensed premises shall
be approved by the City.
ARTICLE 4
4.01. License Fees: The Licensee shall pay to the
City an annual payment of eighty four hundred dollars
($8,400.00), and divided into equal monthly payments of seven
hundred dollars ($700.00) per month.
The monthly payment of seven hundred dollars
($700.00) shall be made without billing on the first of the
month following the date of the Notice of Commencement as
required in paragraph 5.02, and on the first of each month
thereafter.
3
.4.02. Gross Receipts: The term "gross receipts" as
used in this agreement is to mean all monies paid to or in
consideration of determinable value received by the Licensee
for sales made, transactions had, or for services rendered, in
the operation of its license regardless of when or where the
order therefore is received, or the goods delivered, or
services rendered, whether on a cash or credit basis exclusive
of actual bad debt or in consideration of any other thing of
value, provided, however, that any taxes imposed by law which
are separately stated to and paid by a customer and directly
payable by the Licensee to a taxing authority and the sales
refunds shall be excluded therefrom.
4.03. Taxes: The Licensee shall be liable for any
and all taxes which are or may be imposed as a result of this
Agreement. Taxes shall be paid to the appropriate authority,
including, but not limited to, sales and use tax.
4.04. Payment of Fees: The Licensee shall pay all
license fees and charges and submit all reports required by
this License Agreement to the following:
Joseph Weldon
Director of Parks and Recreation
100 N.W. 1st Avenue
Delray Beach, Florida 33444
In the event Licensee fails to pay any of the
license fees or charges as required to be paid under the
provisions of this License within thirty (30) days after the
4
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same shal~ be due, interest at the rate of one and one/half
percent ( 1 1/2%) per annum shall accrue against the delinquent
payments until the same are paid. (Implementation of this
provision shall not preclude the City from terminating this
License Agreement for default in the payment of license fees or
charges, or from enforcing any other provisions contained
herein) .
4.05. Reports and Records:
A. The Licensee shall maintain during the term of
this License Agreement all books of account, reports and
records customarily used in this type of operation and such
records as are necessary to document its activities pursuant to
this Agreement.
B. Licensee shall submit to the City at its own
expense, within the effective date of this Agreement, an annual
report as to the correct gross receipts arising from the
Licensee's operation under this Agreement. The report shall be
prepared in conformance with standards and forms established by
the City.
C. Licensee shall allow the City or the auditors of
the City to inspect all or part of the compilation procedures
for the aforesaid annual reports at reasonable times and
places. Said inspection is at the sole discretion of the City.
D. Any and all records, receipts, and documents
related to gross receipts as defined herein of the Licensee
shall be available to the City and the City's auditors at a
reasonable location in Delray Beach, Florida, for a period of
five ( 5 ) years after the end of any license year.
5
. ARTICLE 5
5.01. Facilities to be Provided by the City: The
City will permit the use of its existing parking areas adjacent
to Veterans Park on an "as available" basis for use by patrons
and employees of Licensee. The City will license the premises
for the purpose of dock space, ingress and egress to the ship
by Licensee's passengers, invitees, employees and agents, over
the licensed premises. Such ingress and egress and dock space
is to be used at the sole risk of the Licensee. The City shall
not be liable for the care or the protection of the ship,
including its gear, equipment, appurtenances or contents. City
expects Licensee to have made suitable arrangements for safe,
sheltered anchorage during tropical storms or hurricanes, and
Licensee warrants such arrangements have or will be made.
Licensee may not assume that City's premises will be a .safe,
sheltered anchorage during tropical storms or hurricane or an
emergency. City, at its sole discretion, reserves the right to
remove or evacuate vessels at the Licensee's risk and expense.
Undertaking to move or evacuate a boat shall not be deemed an
assumption or responsibility for the safety, security and care
of Licensee's boat by City, nor shall City be deemed a bailee
of the boat.
5.02. Facilities to be Provided by Licensee:
A. The Licensee shall commence operations and
provide within twelve (12) months of the City Commission's
approval of this Agreement, one shallow-draft, riverboat type
of excursion vessel with a passenger capacity of 150 to 250
persons, meeting all safety standards and licensing
6
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requiremeRts of the United states Coast Guard, and capable of
providing daytime luncheon and dinner and/or sightseeing
excursion. Licensee shall give the City thirty (30) days
notice prior to commencement of the operation of the cruise
boat.
B. If needed, as determined by Licensee, the
Licensee will provide a suitable on-site office building. All
site improvements shall be at Licensee's own expense,
including, but not limited to, pilings, docks, seating areas,
landscaping and additional parking area, if needed.
C. Architectural and landscape designs shall be
subject to review and approval by the City.
D. Site plan shall be subject to review and
approval by the City.
E. Construction shall meet all applicable codes.
F. Licensee shall obtain all government approvals,
permits and licenses at his own expense.
G. Licensee shall comply with all Health Department
requirements.
H. All equipment and personal property furnished by
Licensee shall be of good quality and suitable for its purpose.
5.03. Cl ty Approval: Licensee agrees that it will
obtain prior written approval from the City for all of the
following:
A. Use of any type of vending or amusement machines
other than on the vessel or in a building to be constructed.
B. Changes from originally approved specifications,
plans, signage, buildings, structures, and landscaping design.
7
The City shall be allowed ninety (90) days to reach a decision
in any of the above matters and failure to do so within such
period shall constitute denial.
5.04. Minimum Days of Operation: It is desired that
the vessel be operated at least four ( 4 ) days a week during the
summer and fall months and six ( 6 ) days a week during the
winter and spring months, weather permitting, and excepting
periods required for maintenance and general repair of the
excursion vessel.
5.05. Service While Docked: No service of food or
alcoholic beverages shall be effected prior to fifteen (15)
minutes before scheduled departure of the boat. Except as
provided in this paragraph, the serving of food and beverages
shall be only attendant to cruises; no docked restaurant shall
be operated.
5.06. Quality of Licensee's Services:
A. On-site management of the operation shall include
at all times such licensed personnel as may be required by the
United States Coast Guard.
B. Food and beverages sold to the public shall be
of good quality and served in accordance with the Health
Department requirements.
C. The Licensee shall conduct its operations in an
orderly manner so as not to unreasonably annoy, disturb or to
be offensive to customers, patrons or others in the immediate
vicinity of residents or others in the immediate vicinity of
such operations.
8
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.D. The Licensee shall take all reasonable steps to
control the conduct, demeanor and appearance of Licensee's
employees, invitees, and those doing business with it upon
objection from the City concerning the conduct, demeanor or
appearance of any such persons, Licensee will immediately take
all responsible steps necessary to remove the cause of the
objection with the assistance of appropriate law enforcement
officers, if required.
5.07. Notification from the City of Failure to
Comply: Upon receipt of written notification from the City
specifying in detail any failure to comply with the quality
standards delineated in 5.06 A, B, C and D, Licensee shall
correct the alleged deficiencies within fourteen (14) days, or
such greater time as the particular circumstances may
reasonably require.
ARTICLE 6
6.01- Assignment of the Agreement: Licensee shall
have the right to assign this contract to an entity or
individual with similar expertise in the cruise boat industry
after giving City Sixty (60) days notice of such proposed
assignment and after receiving the written consent and approval
of city to such assignment.
Assignment as referred to above shall include any and
all sales, assignment, transfer, collateralization, or other
disposition of any and all stock certificates, right, title
and/or interest in and to ISAN Charters, Inc. to any person or
entity other than Dane Mark.
9
ARTICLE 7
.
7.01. Water and Electrical Services: All connection
charges and subsequent billings for water and electricity
consumed by the Licensee's operation to be at the Licensee's
sole expense.
ARTICLE 8
8.01. Equipment Installed by Licensee:
A. All equipment, furnishing, signage and on-site
advertising installed by the Licensee on the premises shall be
in keeping with the appropriate standards of decor of the Parks
and Recreation Department and must be approved by the City
prior to installation.
B. Licensee agrees that all equipment and
furnishings provided shall meet the requirements of all appli-
cable building, fire, pollution and other related codes.
C. Licensee shall not alter or modify any portions
of facilities, the leased premises or the improvements con-
structed therein without first obtaining written approval from
the City.
ARTICLE 9
9.01. Maintenance Responsibilities of Licensee;
Appearance of Facilities: Licensee shall, at its sole cost and
expense, keep and maintain the licensed premises including all
improvements thereto, free from litter and debris which may
result from the operation and use of the cruise ship . The
10
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Licensee ..shall maintain all improvements directly related to
the cruise ship operation in a neat and orderly condition.
ARTICLE 10
10.01. Indemnification: Licensee for himself,
heirs, personal representatives, successors, and assigns, as
the case may be, releases, defends, holds harmless and
indemnifies the City of Delray Beach, Florida, and its
officers, agents, and employees from any and all liability for
loss or damage to the boat, its Licensee, and Licensee's
agents, employees, guests, passengers, or invitees whether or
not such loss or damage is based upon the negligence or conduct
of City and from any and all loss, damage, liability, legal
action or claim of whatsoever nature, rising out of the
Licensee's use of the facilities of the Park known herein as
the licensed premises including, but not limited to agents,
employees, passengers, and invitees use of the licensed
premises for ingress and egress or operation of the boat.
ARTICLE 11
11.01. Damage or Destruction of Premises: If the
licensed premises or the excursion vessel are partially
damaged, but not rendered unusable for the purposes of this
Agreement, the same shall be repaired with due diligence by the
Licensee from proceeds of the insurance coverage and/or at its
own cost and expense, and a pro rata adjustment of the monthly
fees payable hereunder for the period of Licensee's business
11
interruption, if any, shall be made. If the damage shall be so
extensive as to render the premises or the vessel unusable for
the purposes intended, but capable of being repaired with due
diligence by the Licensee from the proceeds of the insurance
coverage policy and/or at its own cost and expense, and for the
period of Licensee's business interruption a pro rata
adjustment shall be made as to the minimum monthly fees.
ARTICLE 12
12.01. Ingress and Egress: Subject to rules,
regulations, statutes and ordinances governing the use of the
facilities, Licensee, his agents and servants, patrons and
invitees, and his suppliers of service and furnishers of
materials, shall have the right of ingress and egress to and
from the premises, with such right not to be unreasonably
restricted during the term of this Lease Agreement.
ARTICLE 13
13.01. Insurance: Licensee shall purchase and
maintain insurance providing coverage on an occurrence basis
during the term of this agreement as outlined below:
A. Comprehensive General Liability or Commercial
General Liability Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive
12
'1,11
General Liability Policy or Commercial General Liability filed
by the Insurance Services Office, and must include:
l. Minimum Limits of total coverage shall be
[$1,000,000.00] per occurrence combined single limit
for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form with
any excess coverage (and the carrier) to be accept-
able to the City.
2. Premises and/or Operations.
3 . Independent Contractor.
4. Products and/or Completed Operations.
Licensee shall maintain in force until at least three
( 3) years after completion of all services required
under the agreement, coverage for products and
completed operations, including Broad Form Property
Damage.
S. Broad Form Property Damage including
Completed Operations.
6. Broad Form Contractual Coverage applicable
to this specific agreement, including any hold
harmless and/or indemnification agreement.
13
.
7 . Personal Injury coverage with employees and
contractual exclusions removed.
8 . Crew Coverage.
9. Pollution Coverage.
10. Collision Liability.
I!. Strikes, Riots and Civil Commotion.
12. Loss Payee Interest May Appear.
13. Passenger Liability.
14. Dock Liability.
15. Additional Insured. The City is to be
specifically included as an additional (including
products).
16. Notice of Cancellation and/or Restriction.
The policy must be endorsed to provide the City with
thirty (30) days' written notice of cancellation
and/or restriction.
14
>11'
. 17. The Licensee shall either require each
subcontractor to procure and maintain, during the
life of the subcontract, insurance of the type and in
the same amounts specified herein or insure the
activities of subcontractors in his own insurance
policy.
ARTICLE 14
14.01. Cancellation by City: The occurrence of any
of the following shall cause this Agreement to be automatically
terminated:
A. Institution of proceedings in voluntary bank-
ruptcy by the Licensee.
B. Institution of proceedings in involuntary
bankruptcy against the Licensee if such proceedings lead to
adjudication of bankruptcy and the Licensee fails within ninety
(90) days to have such adjudication reversed.
The City shall have the right, after fourteen (14)
calendar days written notice sent by registered or certified
mail to the Licensee specifying the amount of payment(s) in
default, to terminate this Agreement whenever the non-payment
of any sum or sums due hereunder continues for a period of ten
(10) calendar days after the due date for such payments;
provided, however, that such termination shall not be effective
if Licensee makes the required payment(s) during the fourteen
( 14 ) calendar day period following receipt of the written
notice.
15
. ARTICLE 15
15.01- Non-discrimination:
A. That Licensee for itself, its personal represen-
tatives, successors in interest, assigns subcontractors, and
sublessees, as a part of the consideration hereof, does hereby
covenant and agree that:
1. No person on the ground of race, color, national
origin, age, or sex shall be excluded from
participation in, denied the benefits of, or be
otherwise subjected to discrimination in the sue
of said facilities.
2. That in the construction of any improvements on,
over, or under such land and the furnishing of
services thereon, no person on the ground of
race, color, national origin, age, or sex shall
be excluded from participation in, be denied the
benefits of, or otherwise be subject to discrim-
ination.
3 . That the Lessee shall use the premises in
compliance with all other requirements imposed
or pursuant to Title 45, Code of Federal Regula-
tions, Article 80, Non-discrimination under
programs receiving Federal Assistance through
the Department of Health, Education and Welfare
- Effectuation of Title VI of the Civil Rights
Act of 1964, and as said Regulations may be
amended.
16
,I"
.
B. That in the event of a proven breach of any of
the above non-discrimination covenants, the City shall have the
right to terminate the license and to take possession of said
facilities and hold the same as if said license had never been
made or issued. This provision shall not be effective until
the procedures of Title 45, Code of Federal Regulations, Part
80, are followed and completed including exercise or expiration
of appeal rights.
C. Licensee shall not discriminate against any
employee or applicant for employment to be employed in the
performance of the contract with respect to hiring, tenure,
terms, conditions or privileges of employment, or any matter
directly or indirectly related to employment because of age,
sex, physical handicap (except where based on a bona fide
occupational qualification); or because of marital status,
race, color, religion, national origin or ancestry.
ARTICLE 16
16.0l. Rules and Regulations: Licensee will
observe, obey and comply with all rules and regulations adopted
by the City and all laws, ordinances and/or rules and
regulations or other governmental units and agencies having
lawful jurisdiction, which may be applicable to Licensee's
operations under this Agreement. City shall not adopt any
ordinances, rules, or regulations which are directed toward
impairing the City's obligation under this lease.
17
. ARTICLE 17
17.01. Default: Except where set forth specifically
herein, upon thirty (30) days notice of any default of the
terms and conditions of this Agreement, the defaulting party
shall cure such default. In the absence of such cure, the
nondefaulting party may terminate this Agreement.
17.02. PaYment of Obligations: Licensee shall pay
all taxes and other costs lawfully assessed against its
interests in licensed premises, its improvements and its
operations under the Agreement provided, however, that Licensee
shall not be deemed to be in default of its obligations under
this Agreement for failure to pay such taxes pending the
''''utcome of any legal proceedings instituted to determine the
validity of such taxes.
ARTICLE 18
18.01. Inspection by City: The City may, but is
under no duty to, make periodic inspections of the licensed
premises, and the equipment, to determine if such are being
maintained in a neat and orderly condition and are in proper
repair. Inspections may also be made to determine whether the
Licensee is operating in compliance with the terms and
provisions of this Agreement.
ARTICLE 19
19.01. Maintenance and Repairs by the City: Should
inspection by the City indicate that Licensee is not properly
maintaining or repairing the premises and improvements thereon
18
.11'
in neat, Sind orderly condition and in proper repair, the City
will so inform the Licensee in writing, specifying the
deficiencies. Should the Licensee fail, within thirty (30)
days of such notifications, to correct or to commence to
correct the deficiencies, the city may either make the
necessary repairs and perform the required maintenance at the
Licensee's expense or terminate this Agreement. All
corrections must be made within a reasonable time.
ARTICLE 20
20.01- Termination of Contract: The Licensee,
within ten (10) calendar days following the termination of this
Agreement, shall forthwith remove all of its personal property
not acquired under the terms of this Agreement and the original
proposal. Any personal property of Licensee not removed in
accordance with this Article may be removed by the City for
storage at the cost of Licensee or shall constitute a
gratuitous transfer of title thereof to the City for whatever
disposition is deemed to be in the best interest of the City.
The City shall not be liable to Licensee for the safekeeping of
Licensee's personal property.
It is the intention of the parties to this Agreement
that the excursion vessel together with all furnishings and
equipment purchased or leased by Licensee, except those
permanently affixed to buildings, as defined under the laws of
the State of Florida, shall be and will always remain, the
personal property of the Licensee.
19
.Upon termination of this Agreement and the removal of
all personal property by Licensee, the Licensee shall
immediately restore said premises to a neat and clean
condition.
ARTICLE 21
21.01. Approval: Whenever prior approvals or
consents are required hereinabove by either party, such
approvals shall be received in writing by the party seeking
approval prior to initiating the action for which approval was
sought.
ARTICLE 22
22.01. Indulgence Not Waiver: The indulgence of
either party with regard to any breach or failure to perform
any provision of this Agreement shall not be deemed to
constitute a waiver of the provision or any portion of this
Agreement either at the time the breach or failure occurs or at
any time throughout the term of this Agreement.
ARTICLE 23
23.01- Remedies, Attorneys' Fees and Costs: All
remedies provided in this Agreement shall be deemed cumulative
and additional, or not in lieu of or exclusive of each other or
of any other remedy available at law or in equity. In the
event of any arbitration or action at law or in equity arising
20
01,11
hereunder & the prevailing party shall be awarded all costs and
expenses (including reasonable attorneys' fees) incurred in
connection therewith.
ARTICLE 24
24.01. Notices: Any notices submitted or required
by this Agreement shall be sent by registered or certified mail
and addressed to the parties as follows:
To the City: Joseph Weldon, Director
Parks and Recreation Department
50 N.W. 1st Avenue
Delray Beach, Florida 33444
To the Licensee: Dane Mark
ISAN Charters, Inc.
Stillwater Cruises
200 S. Ocean Blvd.
Delray Beach, Florida 33444
or to such other addresses as either party may designate in
writing.
24.02. Interpretation: This Agreement constitutes
the entire Agreement between the parties with respect to
subject matter hereof and supersedes all prior verbal or
written agreements between the parties with respect thereto.
This Agreement may be amended only by written document,
properly authorized, executed and delivered by both parties
hereto. This Agreement shall be interpreted as a whole unit
and sections headings are for convenience only. All
interpretations shall be governed by laws of the State of
21
Florida. .Waiver of any breach shall not constitute waiver of
any other breach. Invalidation of any portion of this
Agreement shall not automatically invalidate the entire
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement and three ( 3) counterparts, each of which shall
constitute an original to be executed by the appropriate
officials as of the date first above written:
WITNESS LICENSEE:
CITY OF DELRAY BEACH, FLORIDA
By:
MAY 0 R
ATTEST:
City Clerk
Approved as to Form and
Legal Sufficiency
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME the undersigned officer duly authorized to
take acknowledgments, appeared ,
, and acknowledged that he executed the
22
foregoing. document in behalf of, and as an authori,~ed act of,
said Corporation:
SWORN TO AND SUBSCRIBED before me this day of
-
, 1991.
Notary Public
State of Florida At Large
My Commission Expires:
23
Prepared statement by Kathy Stokes, resident of Delray Beach
and Co-chair of the Recreation and Open Space Task Team for
the Comprehensive Plan, presented on August 13, 1991 , at a
hearing before the Delray Beach City Commission on the "as-
sociated issue" under proposed Ordinance 49-91, list ed as
Items 2 and 3, and concerning the Stillwater Cruise Ship Op-
eration at Veterans Park and the related License Agreement.
The Stillwater Cruise Ship Operation at Veterans Park Li-
cense Agreement, as indicated in the recitals of the license
agreement, is based on Section 92 . 15 of the Code of Ordi-
nances of the City of Delray Beach ( please see the first
page of the Agreement). This section provides for temporary
mooring permi ts for land owned or leased by the city or
which has been dedicated to the pub 1 i c use. This section
and the related Section 92.20 ( phot ocopy attached) set the
rules for temporary moorings.
It is difficult to see how these rules which are measured in
terms of hours and days can be stretched to accommodate a
license agreement that wi 11 last at least five years and
maybe ten. In addition, even if the Commission chooses to
base this agreement solely on the concept of "home rule"
rather than the Code Section 92 . 15 , I believe that "home
rule" cannot be re lied on to approve an license agreement
which is contrary to the Ci ty Code and, furthermore, sub-
verts the objectives and policies of the City's Comprehen-
sive Plan.
If I am not permitted to complete my presentation, I hereby
request that this prepared statement, a copy of which I have
handed to the City Clerk and copies of which I have already
distributed to the City Commissioners on Monday, August 12.
1991 , be made part of the minutes of this meeting.
Section 92 . 15 provides t ha t , when permission is sought to
moor at property which is owned or leased by the ci ty or
which has been dedicated to the public use and the time pe-
riod sought is less than 6 hours, the City Manager is autho-
rized to issue a permit after determining the mooring of the
boat will not impede navigation or recreation or otherwise
adversely affect the public health, safety, and welfare.
If the time period sought is for more than 6 hours, the per-
mission must be granted by the Ci ty Commission. Section
92.20 states that the time period for which a mooring permit
is to be effective shall be determined by the Commission at
the time of the authorization of its issuance. The duration
fl.1l
of any mooring permit is specifically I i m i t ed as follows:
.....unless an emergency exception for extentuating
circumstances IS granted by the Ci t y Manager or his desig-
nated representative, in no case shall any permit be effec-
tive for more than seven continuous calendar days, nor more
than ten calendar days in anyone year. ..
Whether the license agreement is being granted under Section
92.15 or under some generalized theory of "home rule," it is
inconceivable that the Ci ty can enter into a license agree-
ment which clearly violates the clear wording of Section
92.20. As a result, this license agreement lacks legal suf-
ficiency.
In addition, simply labelling the boat operation as recre-
ational does not make it so. I be I i eve t ha t t he boat opera-
tion represents a commercial use despite the statement in
Paragraph 1 .03 . of the license agreement that the license is
for a non-commercial use of dock space only. The City rec-
ognized the commerical nature of the boat operation in its
original Pub I i c Notice #91-121 ( phot ocopy attached) for the
conditional use hearing "to allow a commercial passenger
loading area and boat tic ket sales on publicly owned lands
( Veterans Park)." Furthermore, if this license agreement is
for non-commercial use of dock space, one wonders why the
City went through all the effort to amend the CF Zone Dis-
trict to add commercial activities of a permanent nature on
publicly owned lands to the list of conditional uses.
As I stated at the hearing before the City Commission on Ju-
ly 23, 1991 , I believe that the land use po I icy for recre-
ation and open space does not contemplate commercial uses as
would be permitted in the LOR amendment contained in the
proposed Ordinance 49-91 . As I stated, if the ordinance is
passed, I will petition the DCA for review. The alternative
approach proposed by the Planning and Zoning Director in the
Staff Report for this Commission meeting of declaring the
boat operation as a recreational activity is tantamount to
the adoption of the LOR amendment as it concerns the boat
operation. This alternative approach represents an effort
to subvert the land use policy for recreation and open space
by labelling t he boat operation as recreational and relying
on Section 92.15 and/or the concept of home rule. In short,
I believe the LOR amendment and the alternative recreational
activity/license agreement approach are both inconsistent
wi t h the Comprehensive Plan, and if either is approved, I
will petition the DCA for review.
I have also reviewed the provisions of the license agreement
and find a number of them which are troubling (see attached
'1 ,~
Exhibit I . which is 4 pages in 1 engt h ) . The following para-
graphs of the license agreement are especially disturbing:
1 .02 . City warrants the boat operation is an accept-
able and approved use for this site.
3.01. The licensed premises is the entire park (4.48
acres more or 1 ess ) . not just the dock space.
5.02.8. Permits an office building (rather than a tick-
et boo t h ) . No size limitation.
5.03.A. Licensee has right to have vending machines or
amusement machines on the boat or in the build-
ing tobe constructed. Others with permission.
~I 'II
15 CHAPTER 92: BOATS AND BOATI~G
Section boats on the Intracoastal Waterway.
('80 Code, ~ 8-3) Penalty, see S 92.99
General provisions
ANCHORI~G AND MOORI~G
92.01 Posting of signs
92.02 speed S 92.15 MOORING TO PUBLIC PROPERTY;
92.03 Mufflers required MOORI~G PERMIT.
Anchoring and Mooring It shall be unlawful to tie or moor
any boat to any real or personal property
92.15 Mooring to public property; which is owned or leased by the city, or
mooring permit which has been dedicated ~o the public
92.16 Refusal to remove boat use, unless permission to do so has been
illegally moored to public granted either by the Commission if
property permission to tie Or moor a period of
92.17 Mooring permit revocation more than six hours is sought, or by the
92.18 Anchoring in restricted areas; City Manager, it permission is sought tor
anchoring per:nit a period of less than six hours, and, in
92.19 When anchoring and mooring addition, a permit therefor has been
permits not required issued by the city administration. The
92.20 Display of anchoring and Commission or City Manager shall
mooring permits; permit authorize the issuance of a per~it on~y
duration after a determination that the ~equested
tying or mooring of the boat ~ill not
City /1arina create an i~pediment to navigation or
recreation, or otherwise adversely affect
92.30 Intent the public health, safety, and welfare.
92.31 Administration ( '80 Code, S 8-23) (Ord. 55-79, passed
92.32 Dockage agreement 9-10-79; Am. Ord. 42-81, passed 9-8-81)
92.33 Dockage rates Penalty, see S 92.99
92.34 Rules and regulations
S 92.16 REFUSAL TO REMOVE 90A~ ILLEGALLY
92.99 Penalty MOORED TO PUBLIC PROPERTY.
GENERAL PROVISIONS Any person who shall tie, moor, or
dock any boat at any point in the public
S 92.01 POSTING OF SIGNS. waterways lying outside the main channel
of the Florida Intracoastal ~ate:way
The City Manager or his designated where boats are prohibited wit~out the
represent3tive is authorized to post consent of the Commission or the City
signs informing the public of the Manager and without a permit issued by
provisions of 5S 92.01 through 92.20 of the city administration as above
this chapter. provided, who shall refuse to remove that
(' 80 Code, S 8-1) (Ord. 55-79, passed boat upon the order of the City Manager,
9-10-79) or his delegated authority, shall be
guilty of a violation.
S 92.02 SPEED. ('80 Code, S 8-24) (Ord. 42-91, passed
9-8-81; Am. Ord. 50-62, passed 3-10-82)
It shall be unlawful to operate any Penalty, see S 92.99
boat or vessel upon any waterway within
the city at a rate of speed which causes ; 92.17 MOORI~G PERMI~ REVOCATION.
or may cause waves to damage docks,
wharves, seawalls, or boats moored or Any permit so issued by the city
tied to a dock or wharf along the administration shall be conditioned upon
waterway. Pursuant to F.S. 5 371. 59, the basis that it may be revoked at any
this section shall not apply to boats on time upon a determination by the
the Intracoastal Waterway. Commission that the boat interferes with
('80 Code, S 8-2) Penalty, see 5 92.99 the public use of those facilities or
that the mooring is a pu~lic nuisance.
S 92.03 MUFFLERS REQUIRED. ('80 Code, S 8-25) (Ord. 42-81, passed
9-8-81)
It shall be unlawful to operate any
watercraft with outboard motor or inboard 5 92.18 ANCHORI~G I~ RESTRI~D AREAS;
motor not having properly muffled exhaust ANCHORI~G PERMIT.
within the city in a manner as to annoy
or disturb the quiet, comfort, or repose (A) For the purpose of this section,
of any person in any dwelling, hotel, or -RESTRICTED AREA- shall mean any canal, .
any other type of residence, or of any harbor, or Lnlet opening directly into
person in the vicinity. Pursuant to F.S. the Intracoastal Waterway, but not
S 371. 59, this section shall not apply to including the main channel of the Florida
Intracoastal Waterway.
'I;H
S 92.19 DELRAY BEACH BOATS AND BOATI~G 16
(B) It shall be unlawful for any receiving a permit under this chapter is
boats which are permane~tly or required to keep the permit displayed on
temporarily being occupied by a person or the subject boat in a manner as to be
which a person is using as a residence, clearly visible on the exterior of the
to be anchored in the restricted area in boat. The form and size of permit to be
the public waterways within the city, as issued shall be determined by the City
defined in division (A) above, for more Manager or his designated
than a total of 24 hours in anyone-week representative. The time per iod for
period unless a permit is received from which a given permit is to be effective
the City Manager or his designated shall be determined by the City Manager
representative. The City Manager or his or his designated representativp. at the
designated representative shall issue a time of issuance, but, unless an
permit only after a determination that emergency exception for extenuating
the requested anchoring will not create circumstances is granted by the City
an impediment to navigation or Manager or his designated representative,
recreation, or otherwise adversely affect in no case shall any permit be effective
the public health, safety, and welfare. for more than seven continuous calendar
These permits shall be refused, or if days, nor more than ten calendar days in
issued, may be :evoked at any time, by anyone calendar year, The time per iod
the City Manager or his designated for which a mooring pecmit is to be
representative, if it is determined by effective shall ~e deter~ined by the
the City Manager or his designated Commission at the time of the
representativf!, that the owners or authorization of its issuance.
occupants of the boat for which the ('80 Code, S 8-28) (Ord. 55-79, passed
per~it is issued are in violation of any 9-10-79; Am. Ord. 42-81, ~assed 9-8-81;
ordinances of the city, or are, by thei: p.m. Ord. 50-82, passed 8-10-82) Penalty,
action or inaction causing or maintaining see 5 92.99
a public nuisance, or a health or
sanitary hazard. CITY MARI~A
('80 Code, S 8-26) (Ord. 55-79, passed
9-10-79; Am. Ord. 42-81, passed 9-8-81; S 92.30 INTENT.
Am. Ord. 50-82, passe~ 8-10-82)
It is the city's desire to provide
S 92.19 ~fflEN ANCHORING AND MOORING the ultimate in service, safety, and
PERMITS NOT REQUIRED. comfort for all guests at the city
marina, hereinafter called the marina.
(A) For the purpose of this section, ('80 Code, S 8-40) (Ord. .,4-79, passed
"ADJACENT TO" shall mean immediately 9-24-79)
beside or only within that distance which
does not interfere with or i:npede S 92.31 ADMINISTRATION.
navigation or recreation, and which is
required to allow for turning of the boat The City Parks and Recreation
by wave or tidal action without causing Department is given the administrative
damage to the boat or the adjacent responsibility to carry out the terms and
property. conditions of this division and to
collect the sums of money provi~ed for
(D) Private docks. Nothing herein. Wherever the term dockmaster is
contained in this chapter shall be used in the dockage agreement or rules
construed as prohibiting the anchoring or and regulations for the city marina, it
moor1ng of boats adjacent to private shall be deemed to mean the City Parks
docks whether or not located in the and Recreation Department.
restr icted area. This exception shall ('80 Code, S 8-41) (Ord. 64-79, passed
only be applicable as to boats which are 9-24-79; Am. Ord. 108-84, passed 1-15-85)
being anchored or moored adjacent to a
private dock with the permission of the S 92.32 DOCKAGE AGREEMENT.
owner of the private dock.
The form of agreement set forth
(C) Public docks. Nothing contained hereinbelow shall be executed by each
in this chapter shall be construed as person, firm, or corporation using
preventing the anchoring or mooring of dockage space at the city marina:
boats adjacent to public docks leased to
private interests whether or not in the DOCKAGE AGREEMENT
restricted areas. This exception shall
be applicable only to the lessee of CITY OF DELRAY SEACH
public dock spaces. 100 N.W. 1st Avenue
('80 Code, S 8-27) (Ord. 55-79, passed Oelray Beach, Fla. 33444
9-10-79; Am. Ord. 50-82, passed 3-10-82) Phone 278-2841
S 92.20 DISPLAY OF A.~CHORING AND MOORING CHECKOUT TIME 3 P.M.
PERMITS; PERMIT DURATION. Yachtsmen must :lotify dockmast'!c ~'f
noon on date of departure or ~e
The owner or operator of a boat charged for an extra day's dockage.
11.11
[ITY DF DELAAY BEA[H
100 ,,"oW 1st AVENUE DELRAY BEi<CH FLC,HI0,c. 33444 407:'J')-'
PUBLIC NOTICE # 91-121
Pursuant to Chapter Two of the Land Development Regulations of
the City of Delray Beach, Florida, you are hereby notified that a
conditional use and site plan approval request has been received
for Stillwater Cruises, to allow a commercial passenger loading
area and boat ticket sales on publicly owned lands (Veterans
Park) in the Community Facilities District on the following
described property:
Block 132, Plat of the Fractional East Half (E 1/2) of
Section 16, Township 46 South, Range 43 East, as recorded in
Plat Book 1, Page 25, of the Public Records of Palm Beach
County, Florida.
Veterans Park is located on the north side of Atlantic
Avenue, between Atlantic Plaza and the Intracoastal
Waterway.
The PLANNING AND ZONING BOARD will conduct a Public Hearing at
7:00 P.M. on Monday, July 15, 1991, (or at any continuation of
such meeting which is set by the Planning and Zoning Board), in
the City commission Chambers at the City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, and all persons interested will be
given an opportunity to be heard.
Please be advised that if a person or persons decides to appeal
any decision made by the Planning and Zoning Board with respect
to any matter considered at this meeting or hearing, such persons
will need a record of these proceedings, and for this purpos~
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. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
July 5, 1991 Alison MacGregor Harty
. City Clerk
\\\o.~\~ "\ - ~ - q\ .
THE E FF()RT A LWA YS MATTERS
11,11
EXHIBIT I
COMMENTS ON VARIOUS CONTRACT PROVISIONS
of the Stillwater Cruise Ship Operation
in Veterans Park License Agreement
ARTICLE 1
1 .01 . The term of the license has the potential of
running for 6 or 1 1 years because the initial five year
term (oy the one lO-year term) starts to run on the date of
the City's receipt of the Notice of Commencement of the
cyuise ship operation. Undey Paragraph 5.02, the licensee
has up to 12 months to commence opeyation.
1 .02 . The Ci ty warrants that the operation of the
cruise ship is an acceptable and approved use for this site.
If the DCA finds that this agreement is inconsistent wi t h
and subverts the objectives and policies of the Comprehen-
sive Plan, this warranty could open the City for a claim of
damages by the licensee.
1 .03 . If this license is for a non-commercial use
of dock space, one wonders why the City went through all the
effort to amend the CF zone district to add commercial ac-
tivities of a permanent natuye to the list of conditional
uses. If this effort was necessary, how can the Ci ty be-
l ieve the license is consistent with the Comprehensive Plan?
ARTICLE 2
2.01. I agree wi th Susan Ruby's observation in her
memorandum that the only way to accommodate the boat opera-
tor's desire for a 10 year 1 i cense is to enter into a ten
year agreement. As this paragraph is currently drafted, it
represents nothing more than an agreement to agree to extend
the license for five years. However, if the City wishes to
yetain the right to teyminate the I icense at wi 11 at t he end
of five years, extending the term to 10 years will make that
impossible.
ARTICLE 3
3 .0.1 . The licensed premises is described as 4.48
acres more or less, that is, the entire par k , wh i Ie Para-
graph 1.03 describes the dock only. This inconsistency per-
meates the 1 i cense agreement. Also, it is difficult to
'1'1'
understand that the Ci ty is willing to grant this licensee
the potential ability to control activities in the park
based on the unclear wOrding of this paragraph.
ARTICLE 4
4.01. Since the license fee begins the first of the
month following the date of the Notice of Commencement, the
licensee has been granted use of the dock ( Or the entire
park if Paragraph 3.01 is not struck) at no mont hI y charge
for up to 12 months.
4.04. NOrma 11 y a penalty interest provision is in-
cluded to encourage prompt payment. The interest rate
should be 1 1/2% per month (not annum) or an annual interest
rate of 18%. This may simply be a typographical error, but
one that is definitely in the favor of the licensee.
ARTICLE 5
5.01. The City will permit the use of parking areas
adjacent to Veteran's Park for patrons and employees of the
licensee on an "as available" basis. The new boat will car-
ry from 150 - 250 people (see Paragraph 5.02.A.) which is a
larger number than the current boat carries, and more par k-
ing space may be needed. Also, there is no indication about
how many employee spaces will be needed. In addition, where
do patrons and employees park if no space is available? Who
makes the arrangements, and where, for the additional park-
ing? There is also no provision that Delray Beach citizens
attending events and activities at the Community Center will
get priOrity parking nor is there a mechanism for enforce-
ment.
One wonders, too, if the statement that .. [s] "uch in-
gress and egress and dock space is to be used at the sole
risk of the Licensee" is sufficient to shift the burden of
risk from the Ci ty to the Licensee. While Paragraph
13.01.A.(6) calls for Broad Form Coverage by the Licensee,
it is probably beneficial to include an insurance require-
ment in this paragraph.
5.02.A. Since the Licensee sha 11 commence operations
within 12 months of approval of this 1 icense, it is diffi-
cu 1 t , if not impossible, to understand how the current boat
fi ts in to this agreement. This is especially true in 1 i ght
of Paragraph 24.02, which states that this Agreement super-
sedes all written agreements between the parties "wi th re-
'I'll
spect hereto". There is also a vague, sole reference in
Paragraph 20.01 to the "original proposa I . " Perhaps the
boat operator is entitled to operate the current boat for as
long as he wishes under the "temporary license" at a lower
monthly fee, but it is truly unclear.
There is no I imi tat ion on the length of the boat. i n-
cluded in the Agreement.
5.02.8. This provision permits an on-site office
building rather than a tic ket booth ( see Paragraph 1 .02
"sale of admission tic ket s" ). There is no size I imi tat ion
on the building. No requirement is made that it fit into the
park plan. Furthermore, this license agreement is supposed-
ly based on a mooring permit to moor at pub 1 i c property.
Mooring cannot, by definition, include permission to bu i 1 d
an office building on public property.
5.03.A. This paragraph states that the licensee has
rig ht to have vending or amusement machines on the boat or
in the building to be constructed. If he wants any other
vending or amusement machines ( pr esumab 1 y outside in the
park i t se 1 f ) , he will have to ask the City for approval. No
where, in any discussions, has any comment been made about
giving this boat operator permission to have vending and
"amusement" machines in the park.
5.04. and 5.05. These paragraphs raise the question of how
the boat will be serviced. There is no access for catering
trucks and other delivery trucks to the doc k . Will these
trucks drive through the newly improved park in order to de-
liver? Wi t h an operation for 150-250 people, one finds it
hard to believe that truck drivers will be willing to hand
carry deliveries across the park.
ARTICLE 7
7.02. Who pays for bringing the utilities to the
dock? Again, how can a mooring permit allow for the connec-
tion of utilities on public land?
ARTICLE 11
11.0l. It is unclear regarding the extent of repa i is
that wi 11 be permitted at the par k' s doc k , i .e. , the dock
could become a shipyard. Also, one wonders how suppl ies,
tools, workmen, etc. wi 11 gain access to the dock through
the par k . Interestingly, too, if the boat is damaged any
IH'
where on the Intracoastal, it can be towed back to the park
for repair, and the City will pro-rate the monthly fee ( on
an undetermined basis).
ARTICLE 12
12.01 This provision gives the licensee ingress and
egress over the entire park (i.e., the licensed premises ac-
cording to Paragraph 3.01). For a boat with the capacity to
carry 150-250 people, one wonders about catering trucks,
fuel trucks, and maintenance trucks reaching the dock. This
permits the licensee to drive through the park.
ARTICLE 13
13 .01 . A . ( 2 )&( 3 ) "Premises and/or Operations" and "Indepen-
dent Contractor" need to be defined in terms of this Agree-
ment.
13.01.A.( 16) Paragraph 17.01, involving default, provides
for termination of the Agreement i f t he licensee's insurance
is cancelled. However, the Ci ty would be better protected
if Paragraph 13.01.A.( 16) stated that the City would require
the licensee to suspend operation pending new insurance.
Furthermore, the City should reserve the right to suspend or
terminate the Agreement if a restriction placed on the li-
censee's insurance policy is unacceptable to the City.
ARTICLE 14
14.01."(C)" The last paragraph is probably ,,( C )" even
though no letter has been assigned. This paragraph is incon-
sistent wi t h Paragraph 4.04 and its interest penalty provi-
sion after 30 days.
ARTICLE 15
15.01.A. This paragraph includes "sublesses" which are
not mentioned elsewhere in the Agreement. Does this imply
that subleases will be permitted, and on what terms?
ARTICLE 19
19.01. Again, the definition of licensed premises in
Paragraph 3.01 makes interpretation of this paragraph ex-
tremely awkward.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{~l
SUBJECT: AGENDA ITEM # loB - MEETING OF AUGUST 13, 1991
ORDINANCE NO. 51-91 (UNIFORM SEWER CONNECTION TIME
REQUIREMENTS)
DATE: AUGUST 9, 1991
This is second reading of an ordinance which amends both the Land
Development Regulations and the Code of Ordinances to provide
that the owner, tenant or occupant of each lot or parcel of land
within the City, upon which a building is constructed and which
abuts on or is within 200 feet of any street or other public way
containing a sanitary sewer, shall connect that building with the
sanitary sewer within ninety (90) days after the sanitary sewer
is available.
This ordinance clears up a conflict in the amount of time an
owner, tenant or occupant is given to connect to the sanitary
sewer system once it is available for use. One section of the
code requires connection within ninety days, while another
section requires connection within sixty (60) days. The LDRs
require connection within sixty (60) days. In order to give the
property owner/customer adequate time to connect, this ordinance
provides for a ninety (90) day time period in all circumstances.
Recommend approval of Ordinance No. 51-91 on second and final
reading.
II."
_ --.---.-...-.- -~-
')~DINANCE NO. 51-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 6, "INFRA-
STRUCTURE AND PUBLIC PROPERTY", SECTION 6.1.11,
"SEWER SYSTEM", OF THE' LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, AND TITLE 5, "PUBLIC WORKS", CHAPTER 54,
"SEWERS", SECTION 54.16, "CONNECTION WITH SANITARY
SEWER UPON AVAILABILITY", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY ALLOWING
FOR 90 DAYS TO CONNECT TO THE SANITARY SEWER SYSTEM;
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 Chapter 6, "Infrastructure and Public
Property", Article 6.1, "Design Standards and Requirement.s", Section
6 .1.11, "Sewer System", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 6.1.11 Sewer System:
(A) Required: Sanitary sewers, properly connected with the
Ci ty sewerage system shall be provided. In addition to. mains,
laterals shall be installed to each platted lot and stubbed off at
the property line for future connection. (Where sanitary sewerage
systems are not reasonably accessible, individual septic tanks may
be used following County Health Department requirements. In such
cases, sewer lines shall be laid and capped until connection to a
public system becomes feasible and mandatory.)
Except as provided for in Subsection 6.1.11(C), it shall be unlaw-
ful to construct or maintain any privy, privy vault, septic tank,
cesspool, or other facility intended or used for the disposal of
sewage.
The owners of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes situated
within the City and abutting on any street, alley, or right-of-way
in which there is now located or may in the future be located a
public sanitary sewer of the City are required, at their expense,
to install suitable toilet facilities therein, and to connect those
facilities directly with the proper public sewer, in accordance
with the provisions of this chapter, within 90 days after date of
official notice to do so, provided that the public sewer is within
200 feet of the property line.
It shall be unlawful for any person to construct, install, or
repair septic tanks or other similar sewage disposal systems in or
upon any property within any area described in the following
paragraph.
, The owner, tenant, or occupant of each lot or parcel of land within
,I the City which abuts on or is within 200' of any street or other
I! public way containing a sanitary sewer, which is served or which
jl can be served by the sewerage system and upon which lot or parcel a
d building has been constructed for residential, commercial, or
il industrial use shall connect that building with the sanitary sewer
!I within 69 90 days after the sanitary sewer is available to that
'i
II
. II
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_. - .._~_._- ._._~.._....-
building for use, and shall cease to use any other method for the
disposal of sewage waste, or other polluting matter.
Section 2. That Title 5, "Public Works", Chapter 54,
"Sewers", Section 54.016, "Connection With Sanitary Sewer Upon
Availability", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Sec. 54.16 CONNECTION WITH SANITARY SEWER UPON AVAILABILITY
That the owner, tenant, or occupant of each iot or parcel of
land within the city which abuts on or is within 200 feet of any
street or other public way containing a sanitary sewer, which is
served or which can be served by the sewerage system and upon which
lot or parcel a building has been constructed for residential,
commercial, or industrial use shall connect that building with the
sanitary sewer within 69 90 days after the sanitary sewer main is
available to that. building for use, and shall cease to use any
other method for the disposal of sewage, sewage waste, or other
polluting matter.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect 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 be and the same are hereby repealed.
Section 5. That this ordinance shall become effective ten
(10l days after its passage on second and final reading.
Pi\SSED AND ADOPTED in regular session on second and final
reading on this the _ day of , 1991.
MAYOR
.~TTEST:
City Clerk
First Reading
Second Reading
. 2 ORD. NO. 51-91
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ ~
' R~ ~
SUBJECT: AGENDA ITEM it'~ A- MEETING OF JULY 23,1991
ORDINANCE NO. 51-91 (UNIFORM SEWER CONNECTION TIME
REQUIREMENTS)
DATE: JUL Y 1'8"', 1991
fll..lOO.t5 r- ~
J
~
This is first reading of an ordinance which amends both the Land
Development Regulations and the Code of Ordinances to provide
that the owner, tenant or occupant of each lot or parcel of land
within the City, upon which a building is constructed and which
abuts on or is within 200 feet of any street or other public way
containing a sanitary sewer, shall connect that building with the
sanitary sewer within ninety (90) days after the sanitary sewer
is available.
This ordinance clears up a conflict in the amount of time an
owner, tenant or occupant is given to connect to the sanitary
sewer system once it is available for use. One section of the
code requires connection within ninety days, while another
section requires connection within sixty (60) days. The LDRs
require connection within sixty (60) days. In order to give the
property owner/customer adequate time to connect, this ordinance
provides for a ninety (90) day time period in all circumstances.
Recommend approval of Ordinance No. 51-91 on ~a~i~
p~ .5A:J
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(407) 243-7090
MEMORANDUM
DATE: July 8, 1991
TO: City Commission
FROM: David N. Tolces, Assi.stant City Attorne-#-
SUB,JECT: Uniform Sewer Connection Time Requirements
This ordinance amends both the City's Code of Ordinances and
the Land Development Regulations to clear up a conflict in the
amount of time an owner, tenant, or occupant of a lot or parcel
is given to connect to the sanitary sewer system once it is
available for use. Section 53.011 requires hook-up to the
sani tar'y sewer system within 90 days of official notice.
Section 54.16 requires hook-up within 60 days, and Section
, 6.1.11(A) requires hook-up within 60 days. In order to give
the property owner/customer adequate time to hook up, this
ordinance will provide for a 90 day time period in all
circumstances.
DNT: sh
Attachment
cc: David Harden, City Manager
"I'
()RDINANCE NO. SI -'U
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 6, "INFRA-
STRUCTURE AND PUBLIC PROPERTY", SECTION 6.1.11,
"SEWER SYSTEM", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, AND TITLE 5, "PUBr.IC WORKS", CHAPTER 54,
"SEWERS", SECTION 54.16, "CONNECTION WITH SANITARY
SEWER UPON AVAILABILITY", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY ALLOWING
FOR 90 ,DAYS TO CONNECT TO THE SANITARY SEWER SYSTEM;
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 Chapter 6, "Infrastructure and Public
Property", Article 6.1, "Design Standards and Requirements", Section
6.1.11, "Sewer System", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 6.1.11 Sewer System:
(A) Required: Sanitary sewers, properly connected with the
City sewerage system shall be provided. In addition to mains,
laterals shall be installed to each platted lot and stubbed off at
the property line for future connection. (Where sanitary sewerage
systems are not reasonably accessible, individual septic tanks may
be used following County Health Department requirements. In such
cases, sewer lines shall be laid and capped until connection to a
pUblic system becomes feasible and mandatory.)
Except as p~ovided for in Subsection 6.l.ll(C), it shall be unlaw-
ful to construct or maintain any privy, privy vault, septic tank,
cesspool, or other facility intended or used for the disposal of
sewage.
The owners of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes situated
within the City and abutting on any street, alley, or right-of-way
in which there is now located or may in the future be located a
public sanitary sewer of the City are required, at their expense,
to install suitable toilet facilities therein, and to connect those
facilities directly with the proper public' sewer, in accordance
with the provisions of this chapter, within 90 days after date of
official notice to do so, provided that the public sewer is within
200 feet of the property line.
It shall be unlawful for any person to construct, install, or
repair septic tanks or other similar sewage disposal systems in or
upon any property within any area described in the following
pal'agraph.
The owner, tenant, or occupant of each lot or parcel of land within
the City which abuts on or is within 200' of any street or other
pUblic way containing a sanitary sewer, which is served or which
can be served by the sewerage system and upon which lot or parcel a
building has been constructed for residential, commercial, or
industrial use shall connect that building with the sanitary sewer
within 69 90 days after the sanitary sewer is available to that
I
.
.
building for use, and shall cease to use any other method for the
disposal of sewage waste, or other polluting matter.
Section 2. That Title 5, "Public Works", Chapter 54,
"Sewers'~ , Section 54.016, "Connection With Sanitary Sewer Upon
Availability", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Sec. 54.16 CONNECTION WITH SANITARY SEWER UPON AVAILABILITY
That the owner, tenant, or occupant of each lot or parcel of
land within the city which abuts on or is within 200 feet of any
street or other public way containing a sanitary sewer, which is
served or which can be served by the sewerage system and upon which
lot or parcel a building has been constructed for residential,
corrunercial, or industrial use shall connect that building with the
sanitary sewer within 6a 90 days after the sanitary sewer main is
available to that building for use, and shall cease to use any
other method for the disposal oz sewage, sewage waste, or other
pOlluting matter.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
Jeclared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect 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 be and the same dre hereby repealed.
Section 5. That this ordinance shall become effective ten
(10 ) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on thi~_the _____ day of , 1991.
"--
MAYOR
J..TTEST:
City Clerk
First Reading
Second Reading
2 ORD. NO.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY HANAGER ill J
SUBJECT: AGENDA ITEM # 10 ~ - HEETING OF AUGUST 13, 1991
ORDINANCE NO. 54-91
DATE: August 7 I 1991
This is a first reading and public hearing on an Ordinance amending
the Land Development Regulation~ by enacting a definition fo~ the term
"Flea Market", providing rules and regulations governing Flea Mar.kets
within the City, and to provide for Flea Markets as a conditional use
in the Central Business District (CBD) . As specific development
standards are being created for this type of use which may diminish or
detract from the owner of such zoned property with respect to
establishing a "market" use thereon, two public hearing will be held
in accordance with Florida Statutes 166.041(c).
At your July 16 workshop meeting the Commission held a discussion
relative to the establishment of Flea Markets and Indoor multi-tenant
retail uses at the Old AmesjZayres site. The Commission directed
staff to prepare an ordinance which would regulate Flea Harkets and
indoor multi-tsnant reLail establishlr.ents. That ordinance has been
prepared and is now before you for action.
The Planning <.J.nd Zoning Board will formally review this item at it's
meeting of August 19th and its recommendation will be provided at
second reading.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: Q~AC~~~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 13, 1991
ORDINANCE -5-5--91: ESTABLISHMENT OF USE AND REGULATIONS
.
FOR MARKETS 54-<7/
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an ordinance which amends the LDRs by adding the
specific use of "markets" to the list of conditional uses in
the G. C . , P.C. , and CBD Zone Districts. It also defines the
use and establishes development regulations for the use.
BACKGROUND:
The topic of multi-tenant retail operations was brought to the
attention of the City Commission through public comment at formal
City Commission sessions. The topic was discussed in worksession
and there appeared to be a consensus to proceed to consideration
of an amending ordinance. Please refer to that documentation for
further background.
The implication of approval is that the use, "markets", may be
considered on a case-by-case basis on any property which is zoned
G.C. , P.C. , or CBD. A duly noticed public hearing (adjacent
property owner notification) before the Planning and Zoning Board
is required concurrent with application to a specific property.
Final action regarding use approval rests with the City
Commission.
DETERMINATION:
Pursuant to F.S. 166.041(c), ordinances initiated by the
governing body or its designee which rezone specific parcels of
private real property or which substantially change permitted use
categories require special notice requirements. In this
situation, the use of land for markets is not substantially
different that uses allowed in designated zoning districts.
Further, application of the use will be by a specifically noticed
conditional use procedure. However, it may be argued that the
creation of specific development standards for this type of use
fl.I'
City Commission Documentation
Meeting of August 13, 1991
Ordinance 55-91: Establishment of Use and
Regulations for Markets
Ppage 2
may diminish or detract from the owner of such zoned property
with respect to establishing a~marke~use thereon. Therefore, it
appears appropriate to provide notice in the special manner which
is applicable when more than 5% of the land area of the City may
be impacted by the text amendment.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board will formally review this item at
it's meeting of August 19th and its recommendation will be
provided at second reading.
RECOMMENDED ACTION:
By motion, approval of Ordinance 55-91 on first reading and a
determination that special notice be provided in compliance with
F.S. 166.041(c)(2) a & b.
Attachment:
* Ordinance prepared by others.
DJK/#85/CCFLEA.TXT
'j.II
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
FACSIMILE 4071278-4755
iilEMORANDUM
0d.U~ : .i-'.uyust 13, 1991
1'0: City Commi.ssion -t}
From: Jeffrey S. Kurtz, City Attorney
Subject: Revised Market Ordinance
.!\t. tached is a revised copy of the Market Ordinance which is on
your agenda lor this evening's ..... ( Item lO-C} The
mee(..lng.
following aT. Ievisions to the copy of the ordinance in you.I'
agenda packet:
1 ) "Whereas clau.ses!! are now included to clearly indicate
che Commission's intent on regulating markets in order to
protect the welfare of the community.
2 ) The definiti.on of the term ., mar keto " is more broad in
,scope so t.ha t it lncluch;s ~my area where independent merchants
are located at individual loca.tions selling new and used items.
:1 ) In Section 2 of the Ord.inance, Section {l) (a) was
.includ.ed to clearly specify the minimum size specifications
which would result in a ma::..ket being subject to this ordinance~
4.) Section:; 3 and 4 of the ordinance add markets as
condi tional uses in the Ge1lf~ral Commercial, Planned Commercial,
Cind CBD zoning districts.
5) We l:ecommend increasing the tenant space sizes from a
minimulTI of 400 square feet to a minimum of 600 square feet. It
is. oU.r understanding that the minimum size of a tenant space in
the Delray Beach Mall is 600 square feet. -
As a result of these changes, this ordinance should provide the
City with the proper regulations to insure that the community's
yeneral welfare is protected.
JSK:sh
Attachment
cc: David Harden, City Manager
David Kovacs, Planning and Zoni.ng Director
Stan Weedon, Planner III
--. - ~-- -----, - -.---------
~ ------- - -.
ORDINANCE NO. 54 - 91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, . AMENDING APPENDIX A,
"DEFINITION'~ , SECTION 4.3.3, "SPECIAL REQUIREMENTS
FOR SPECIFIC USES" , SECTION 4.4.9, "GENERAL
COMMERCIAL (GCl DISTRICT", SECTION 4.4.13, "CENTRAL
BUSINESS DISTRICT", OF THE LAND DEVELOPMENT REGULA-
T IONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY ENACTING A DEFINITION FOR
THE TERM "MARKET" AND BY PROVIDING RULES AND REGULA-
TIONS GOVERNING MARKETS WITHIN THE CITY OF DELRAY
BEACH, FLORIDA, TO PROVIDE FOR MARKETS AS A CONDI-
TIoNAL USE IN THE GENERAL COMMERCIAL, PLANNED
COMMERCIAL, AND CENTRAL BUSINESS DISTRICTS;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the.Cit;.y of Delray Beach has
become concerned with the proliferation of markets, bazaars, and flea
market type of retailing, and
WHEREAS, the City Commission of the City of Delray Beach has
determined that the market, bazaar, and flea market type of retailing
may have a detrimental effect on property values and the quality of li fe
for the citizens of Delray Beach unless properly regulated, and
WHEREAS, it is the desire of the City Commission of the City
of Delray Beach to establish controls over the development of any
markets, bazaars, and flea markets within its city limits.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Appendix A, "Definitions", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
Market: A building or open space, also known as a bazaar, flea
market, or by another name, where new or used items are sold from
individual locations, with each location being operated by indepen-
dent merchants. Items sold include, but are not limi ted to,
household items, antiques, rare items, decorat.ions , electronics,
food, clothing, and other miscellaneous items.
Section 2. That Chapter 4, "Zoning Regulations", Article 4.3,
"District Regulations, General Provisions", Section 4.3.3, "Special
Requirements for Specific Uses", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(M) Markets:
ill Description and Applicability: The special regulations
of this subsection apply to retail and direct discount sales which
are carried out in a market. The type of market which is subject
to the regulations of this subsection includes, but is not limi ted
to, the following:
(a) A retail shoppinq mall which has a qross floor area
in access of 10,000 square feet; or
.
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(b) The operation of retail or direct discount sales in
any structure or portion of a structure wherein the
access to the stores, stall, or place of business is
via an internal court or walkway and the gross floor
area of all businesses therein exceeds 1,000 square
feet and retail sales accounts for, at least, 50% of
the use area, inclusive of pedestrian pathways and
aisles.
ill Special Regulation Considerations:
(a) Traffic: The applicant shall submit a traffic
report/study prepared pursuant to the Palm Beach County
Traffic Performance Ordinance, along with the conditional use
application which is necessary for uses regulated by this
section. The traffic report shall use the highest traffic
generation rate which is applicable to retail uses in deter-
mining traffic system impacts and shall not accommodate a
reduction for bypass trips.
(b) Parking: In addition to the applicable parking
requirements from Section 4.6.9 (C), uses requlated by this
section shall provide at least one additional parking space
for each individual business or business space.
(c) Tenants Space: Each separate business location
within the market shall be allocated a tenant space of not
less than 600 square feet. Not more than 20 percent of the
functioninq businesses within the market shall have a gross
floor area of less than 700 feet. Not more than 40 percent of
the functioning businesses within the market shall have a
gross floor area of less than 800 square feet.
(d) Exception for Special Displays: An exception to
subsection ( 2 )(c) is hereby provided in order to accommodate
unique and temporary uses which are to be located within the
pedestrian ways and aisles. This exception shall allow
businesses to be conducted at a cart, kiosk, or similar
faCility, provided, however, that such uses shall not number
greater than 15 percent of the number of tenant space uses
within the market.
(e) Architectural Review: The interior of the market
space and the facades for each business location or business
space within the market shall be subject to review and
approval concurrent with consideration of the conditional use
application.
( f) Public Information Displays: Displays of public
information and community service shall not be subject to
these special requlation considerations.
ill Procedural Requirements: Conditional Use Required: All
uses subject to Section 4.4.3(AA) shall be established only after
review and approval pursuant to the conditional use process out-
lined in Section 2.4.5(E) of the Land Development Requlations of
the City of Delray Beach. Florida.
Section 3. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.9, "General Commercial (GC)
District", Subsection 4.4.9(D), "Conditional Uses in Structures
Allowed" , of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
2 ORD. NO. 54-91
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(B) Flea Markets pursuant to Section 4.3.3(AA)
Section 4. That Chapter 4, "Zoning Regulations", Article ~.~,
"Base Zoning District", Section 4.4.13, "Central Business Distr-ict",
Subsection 4.4.13(0), "Conditional Uses in Structures Allowed" , of the
Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is her-eby amended to r-ead as
follows:
( 15) Markets pursuant to Section 4.3.3(AA)
Section 5. 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 d
whole or part thereof other than the part declared to be invalid.
. Section 6. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 7. That this ordinance shall become effective within
ten (10 ) days of its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and fi na 1
reading on this day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
3 ORO. NO. 54-91
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Prepared statement by Kathy Stokes, resident of Delray
Beach, presented on August 13, 1991, at a hearing before the
Delray Beach City Commission on proposed Ordinance 54-91.
This hearing on proposed Ordinance No. 54-91 which, accord-
ing to the agenda, provides for Flea Markets as a condition-
al use in the Central Business District, cannot be held to-
night.
The notice for this hearing is deficient because the map
provided by the City's Planning & Zoning Director for the
"Corrected Notice of Permitted Use Change" is blank and only
depicts the municipal boundaries of the City. Section
166 .041 ( 1 )( c )2. of the Florida Statutes requires that the
advertisement contain a map that "clearly indicates the area
covered by the proposed change." This is the same problem
as the notice for the CF conditional use change earlier this
evening.
In fact, the map should show all t hr ee zone districts that
are 1 i st ed in the advertisement. This approach assumes that
the "corrected notice" rather than the statement in the
agenda for tonight's meeting correctly states the zoning
districts to which the proposed change applies. Based on
the advertisements, these three zone districts appear to be
the General Commercial District, the Planned Commercial Dis-
trict and the Central Business District.
The agenda states that "[i]f passed the second public hear-
ing will be held on August 27t h . " This is a misleading
statement because no action may be taken by the City Commis-
sion after the first public hearing for a permitted use
change. Action may be taken only after the second public
hearing which must always be held.
In short, consideration of this proposed ordinance by the
Ci ty Commission must start over wi t h two properly noticed
public hearings.
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Gentlemen:
You have 1 t in your pOT.;C'r to be the fi~st IpglsJative b~dy in
ou~ state to confront head-on i:."tn ethlc~31 problem which plagu(~ s e 'j"~ r
ecr-,elon of government in 01).r Yle Lion---I rofe::::" to the appe8rance ",f'
~.
impro.!.-,rj ety.
You missed that opprtunlty on EaY 28th,199l when you
unaYJimously rejec ted ~3 res()lution which had been prepared and subJ:'~i ttpd
to yrm by the City Attorney a!ter months of research end study.
The resolution if pessed l"1"ould have confirmed, e:'l() o:rsL'c hn.1
~..!pproved two 1nter-offlce'rer:.oranda issued in 1984 and 1985 by f'll",er Ci'
Attorney Herbert Thiele l'lhich stated 'l'li thout eq1Jlvocation th1t lt~ \-'79S
city policy ""that its officials.emuloyees and members of its bo{~rds"
comrdssions and com.:.'n! ttees oUP:ht to avoid even the appear{;n<:c of i~1Pronr~
The effect of your nc't>,'atlve vote on i'Ia;'l 22th 1'J9S net to
c':ldorse,confirm and approve Mr.Thi~le's forthright stat8~ent of city
rol1qr but to send a message thHt Er.Thiele's position W8S rlO,'1 null nno
void anrt not bin~ing . I Hm sure thAt resu,lt ~';nS not i"ltenoedo
I believe the re is a sol utlon which should S8 rvc~ to rB r'lOVC
and resolve the doubts, fea.rs a.nd misgl vings some of you expres;3cd on
May 28th. I propose thet you ask ~ity Attorney J~ffrey Kurtz to C8me bock
to you wi th a shortened resolution ,.'hich'1'ril] Simply declare ~d.th~)'}t any
nreliminary wordage that "It is the declared pOlicy of this city that
i tspub1ic officers en~ employees avoid even the appearance of
I iniproprie ty . ,.
I
A resolution is not a law, an ordinance or a statute.It is
in fact a statement by an official body of its point of vlew,de~ermlnatlo
or decision. By its very nature a resolution does not prescrIbe any
penal ties. The resolution you rejected on May 28th did not include any
penal ties for that very reason.
The real question on I'iey 28th and again tonight is
whether you agree 1"1i th the staten1ent of city policy enunciated in 1984
I and 1985 by City AttYoThtele that I~lray Beach city officials and
I emploYAes ought to avoid even the appearance of impropriety.
I think that basic question desorves a "YES" answer froi:)
the elected leaders of this community.
Respectfully subMltLed,
~~
\ IBK:k Judge Irvi g B.Ke dall-Re<t?red)
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/"r /
SUBJECT: AGENDA ITEM # I~A - MEETING OF AUGUST 13, 1991
ORDINANCE NO. 52-91
DATE: AUGUST 9, 1991
This is first reading of an ordinance which eliminates an incor-
rect reference in the City's code. Section 52.83 (A) currently
refers to DER Regulation Chapter 17-22; the appropriate cite is
Florida Administrative Code Rule 17-555. This is simply a
housekeeping item.
Recommend approval of Ordinance No. 52-91 on first reading.
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[ITY DF DELRAY BEACH
CITY ATTORNEY'S OFFICE ' "II' L-;i .'\\[.,:I.L . [J[,!.lZ..\Y BL\Cl!. FLCJI,lOA 33~-l-l
i":\I.Sl\:Jf.r: "';:J":' .2->...;-;~~
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: July 12, 1991
TO: Bill Greenwood, Director of Environmental Services
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Ordinance Changing Section 52-83, "Backflow
Prevention Devices; When Returned; Specifications
At the request of Al Monteleone, Superintendent of the water
and sewer network, our office has made a change to Paragraph A
of Section 52.83, eliminating an incorrect reference to DER
regulation Chapter 17-22. The appropriate cite should be to
the Florida Administrative Code Chapter 17-555. There is no
substantive change in the ordinance. This is simply a clean-up
matter.
By copy of this memorandum to David Harden, City Manager, our
office is requesting that this ordinance be placed on an
~g City Commission agenda.
S ci
cc Dav id Harden, City Manager..A
Al Monteleone, Superintendent, Water/Sewer Network
,
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ORDINANCE NO. 52-91
AN ORDINANCE OF THE CITY CO~I~:rSSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER",
SECTION 52.83(A), "BACKFLOW PREVENTION DEVICES; ~iHEN
REQUIRED; SPECIFICATIONS" , OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING A
REFERENCE TO A STATE RULE; PROVIDING A GENERAL
REPEALER CLAUSE, PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 52, '''dater'' , Section 52.83(a}, "Backflow
Prevention Devices; 'r/hen Required; Speci fications", of the Code of
Ordinances of the City of Delray Beach incorrectly references d stu~e
regulation; and,
WHEREAS, the City Commission of the City of Delray BeClch,
Florida, in order to rectify this error in the Code of Ordinances, seeks
to correct the reference.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 52, "Idater" , Section 52.83, "Backtlu',,;
--
Prevention Devices; When Required; Specifications", subsection 52.83(A),
be and the same, is hereby amended, to read as (ollo.....s:
52.83 Backflow Prevention DevL~es; ','ihen Required;
~cificatjons
(Al No water service connection t.o any premis8s shall be
installed or mair,tained by the water purveyor unless t.he
'..;ater supply is pr-otected iJS r <~qu i r...,d by st.ate law an,
regulation t 87 E 7 R7 - Reguldl. ion - t:hapter - 11- 2 2 t il:..l~ ,;elm J n_
Code Rule 17-~ .J.nd this subchapter. Service of water
to any premises shall be r:iscontinued by the water
purveyor if a backflow prevention device r8quired by tile
subchapter is not installed, tested, and maintained, or
if it is found that a backflow prevention device has been
removed, bypassed or if an unp:-otected cross connection
exists on the p.t:emises. Service will not be restored
until such conditions or defects are corrected.
Section 2. That should any section, or provision of this
ordinance or any portion thereof, any paragt:.J.ph, 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 inva lid.
~J...9~ That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordi.nance shall become effective ten
( 10) days from its passage on second anu final reading.
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PASSSD AND f\DUPTED in rer:Ju 1 ar ses-~, l,:..)n '.In se~l..)n,j .:l ~ ~ .J ~ ,:,d :
reading on this the jay ot ~_._._---- 1991-
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ATTEST:
City Clel~k--'----------
First Hedding _______._
Second R8dding___________
2
ORD. NO. 52-91
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
,
FROM: CITY MANAGERZr I
SUBJECT: AGENDA ITEM # la B - MEETING OF AUGUST 13, 1991
ORDINANCE NO. 53-91 (APPEAL OF DECISIONS OF THE BOARD
OF CONSTRUCTION APPEALS AND THE BOARD OF ADJUSTMENT)
DATE: AUGUST 9, 1991
This is first reading of an ordinance which clarifies the Land
Development Regulations as to the appropriate appeal procedure
from decisions made by the Board of Adjustment and the Board of
Construction Appeals (Le. , all decisions of either board are
final; however, review of any such decision may be sought in the
Circuit Court of Palm Beach County) .
Recommend approval of Ordinance No. 53-91 on first reading.
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 20U :\W 1,: ,WENCE . DELRAY BEACH, FLORIDA 33444
FACSI\lILE .:07/278.47~5 Direct Line
(407) 243-7091
MEMORANDUM
DATE: July 26, 1991
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Appeal of Decisions of the Board of Construction
and the Board of Adjustment -- Ordinance
Our office has drafted the above mentioned ordinance to clarify
the land development regulations as to the appropriate appeal
procedure from decisions made by the Board of Adjustment and
the Board of Construction Appeals. Prior to the enactment of
the land development regulations, the appropriate appeal from
the Board of Construction Appeals and the Board of Adjustment
was to the Circuit Court of Palm Beach County. The land
development regulations, however, require clarification to
ensure that this appellate process is followed. Therefore, our
office has drafted the attached ordinance to so clarify the
land development regulations.
By copy of this memorandum to David Harden, ~ity Manager, our
office is requesting that this ordinance be placed on the next
~ City Commission agenda.
S "" .
Attachment
cc David Harden, City Manager
Chairman of the Board of Construction Appeals
Anita Barba, Board Secretary/Liaison
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ORDINANCE NO. 53-91
AN ORDINANCE OF THE CITY.COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2,
"ADMINISTRATIVE PROVISIONS", SUBSECTION 2.2.4, "THE
BOARD OF ADJUSTMENT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA; BY ENACTING A NEW PARAGRAPH
2.2.4(D)(6), TO PROVIDE THAT APPEALS FROM THE
DECISION OF THE BOARD OF ADJUSTMENT SHALL BE TO THE
CIRCUIT COURT; AND BY AMENDING SECTION 2.2.5, "THE
BOARD OF CONSTRUCTION APPEALS", BY ENACTING A NEW
PARAGRAPH 2.2.5(D)(4), TO PROVIDE THAT APPEALS FROM
THE BOARD OF CONSTRUCTION APPEALS SHALL BE TO THE
CIRCUIT COURT; PROVIDING A SAVING CLAUSE; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach, Florida, desires to clarify
the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, to ensure that all appeals from the Board of Adjustment
and the Board of Construction Appeals shall be to the Circuit Court of
Palm Beach County, as was previously required prior to the adoption of
the Land Development Regulations; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That Chapter 2, "Administrative Provisions",
Article 2.2, "Establishment of Boards Having Responsibilities for Lan
Development Regulations", Section 2.2.4, "The Board of Adjustment" .
subsection 2.2.4(0), "Duties, Powers, and Responsibilities" of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended by enacting a new
paragraph 2.2.4(0)(6), to read as follows:
(D) Duties, Powers, and Responsibilities:
(6 ) All decisions of the Board of Adjustment are final. Any
person or persons, or any Board, Taxpayer, Department,
Board, or Bureau of the City may aggrieve any decision of
the Board of Adjustment and may seek review of such
decision in the Circuit Court of Palm Beach County.
Section 2. That Chapter 2, "Administrative Provisions",
Article 2.2, "Establishment of Boards Having Responsibilities for Land
Development Regulations", Section 2.2.5, "The Board of Construction
Appeals", subsection 2.2.5 (D) , "Duties, Powers, and Responsibilities",
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended, by
enacting a new paragraph 2.2.5 (D) (4), to read as follows:
(D) Duties, Powers, Responsibilities:
(4 ) All decisions of the Board of Construction Appeals are
final. Any person directly affected by the decision of
the Board of Construction Appeals may seek review of such
decision in the Circuit Court of Palm Beach County.
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Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective ten
( 10) days after its 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
2
ORO. NO. 53-91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
1
FROM: CITY MANAGER!}' ~
SUBJECT: AGENDA ITEM #: \ C - MEETING OF AUGUST 13 , 1991
ORDINANCE NO. 55-91
DATE: August 7 , 1991
This is a first reading of an ordinance amending the Land Development
Regulations by adding a new sub-section to provide for commercial
parking lots as a conditional use in the Automotive Commercial (AC)
zone district. This ordinance follows direction received at your July
16th workshop meeting.
The Planning and Zoning Board will formally review this item at its
meeting of August 19th and its recommendation will be provided at
second reading.
Recommend approval of Ordinance No. 55-91 on first reading.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: AVID HARDEN, CITY MANAGER
eu>> ~U~ch-
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 13, 1991
ORDINANCE 56-91: PARKING LOTS IN A.C. ZONE DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an ordinance which amends the LDRs by adding the
specific use of "commercial parking lots" to the list of
conditional uses in the A.C. Zone District.
BACKGROUND:
The topic of parking use on auto dealership sites was brought to
the attention of the City Commission through correspondence from
Borton Volvo. The topic was discussed in worksession and there
appeared to be a consensus to proceed to consideration of an
amending ordinance. Please refer to that documentation for
further background.
The implication of approval is that the use of commercial parking
lots may be considered on a case-by-case basis on any property
which is zoned A.C. A duly noticed public hearing (adjacent
property owner notification) before the Planning and Zoning Board
is required concurrent with application to a specific property.
Final action regarding use approval rests with the City
Commission.
DETERMINATION:
Pursuant to F.S. 166.041(c), ordinances initiated by the
governing body or its designee which rezone specific parcels of
private real property or which substantially change permitted use
categories require special notice requirements. In this
situation, the use of land for parking purposes is not
substantially different than uses allowed in A.C. zoning i. e.
automotive dealerships and used car lots. Further, application
of the use will be by a specifically noticed conditional use
procedure. Finally, the addition of this use does not diminish or
detract from the owner of A.C. zoned property from developing
such property. Based upon the above rationale, the special
notice requirements need not apply.
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City Commission Documentation
Meeting of August 13, 1991
Ordinance 56-91: Parking Lots in the AC Zone District
Page 2 .
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board will formally review this item at
its meeting of August 19th and its recommendation will be
provided at second reading.
RECOMMENDED ACTION:
By motion, approval of Ordinance 56-91 on first reading and a
determination that special notice is not required in that the
proposal does not substantially change permitted uses in the A.C.
zone district.
Attachment:
* Ordinance prepared by others
DJK/#85/ACPARKNG.TXT
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ORDINANCE NO. 55-91
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(0), "CONDITIONAL USES AND STRUCTURES
ALLOWED" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ADDING A NEW SUB-SUBSECTION 4.4.10 (D) (8) TO PROVIDE FOR
COMMERCIAL PARKING LOTS AS A CONDITIONAL USE; 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 DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.10, "Automotive Commercial (AC)
District", Subsection 4.4.10(0), "Conditional Uses and Structures
Allowed" , of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
sub-subsection 4.4.10(0) (8) to read as follows:
(8 ) Commercial parking lots
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 which
are in conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective ten ( 10)
days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and f i na 1
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
:1 Second Reading
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