08-01-89 Special/Workshop
CITY OF DELRAY BEACH, FLORIDA
SPECIAL AND WORKSHOP MEETING - CITY COMMISSION
August 1, 1989
7:00 P.M.
AGENDA
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
SPECIAL MEETING
Pursuant to Section 3.07 of the City Charter of the City of Delray
Beach, Florida, Mayor Doak S. Campbell has instructed me to advise you
of a Special Meeting of the Commission to be held in the Commission
Chambers at 7:00 P.M., Tuesday, August 1, 1989.
This meeting has been called for the purpose of considering:
1. Selection of Interim City Manager.
2. Denial of Settlement Offer in the amount of $45,000 in the Serocki
case.
ajl'~~J.lJ~
Alison Mac regor
Assistant City Clerk
WORKSHOP AGENDA
1. Cigna Dental Plan- Transfer Deductions from Credit Union (Acting
Ci ty Manager).
2. Commercial Boats Utilizing Veterans Park (Acting City Manager).
3. Proposed Administrative Policy regarding Change Orders on
Construction Projects (Acting City Manager).
4. Direction regarding City Attorney's Office role in evaluating bids
for Old School Square (City Attorney).
5. Discussion regarding proposed Board of Realtors- Real Estate
Advisory Committee (Mayor).
6. Establishment of Future Workshop Dates:
A. Interviews for Golf Course RFP's tentatively scheduled August
14th.
B. Budget Workshops tentatively scheduled August 15th, 16th and
18th.
C. Joint Meeting with the CRA tentatively scheduled for August
29th.
CITY ATTORNEY'S OFFICE
TEL ~.Io.
407
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310 S.t;. 1st Sl'kEt;'I, SUITI' 4 . J)ELJl.A Y liEACIl. F1.0RIDA 33483
407/243.7090. TI-:L~COPIt:R 407/278-4755
MEMORANDUM
.,
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Date:
July 28, 1989
To:
City COllllllission
'it/~
Attorney ~;{
Subject:
Jeffrey S. Kurtz, Assistant City
Serock! va. City of Delray Beach
From:
Mrs. Serack! and her husband retained MyEon Dunay to represent
them in a personal injury action agains.t. the City. Tria.l is
pending and set for Judge Lupo' s docket beginning August 28,
1989. Mrs. Serocki, on January 21, 1986, was riding a bike
along Lake Ida Road when, at the intersection of 37th Avenue, a
car driven by Officer Josh. Hooper hit the wheel of her bicycle.
Mrs. Serock! cla.lms that I.lS. a result of the accident, she
injured her back and she has incurred approx1mately $12,000 in
medical bills by various doctors aDd. chiropractors. A settle-
ment offer has been transmi;tted by Mr. Dunay to our office for
a total of $45,000. Damages are to be allocated $35,000 to
Mariheth serock1, anl1 $10,000 to her husband, Wa.llace serock1,
for loss of consortium.
OUr office and the Risk Manager would reconunend that the
$45,000 offer be rejected, however, we would. suggest that we be
glven authority to authorize our office to transmit a.n offer of
judgment to the plaintiffs in the amount of $25,000.
I f you shou1.d. have any questions concerning this matter, please
do not hesitate to contact our office.
JSK:sh
cc: Robert A. Barcinllki, Interim city Manager
Lee R. Graham, Risk. Management Directoz:
chief Charles Kilgore, Delray Beach Police Department
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:SP I d-
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- [Iry
DElRAY BEA[H
100.~ VV 1q AVENUE
OELRAY BEACH, FLORIDA 33444
305/243.7000
MEMORANDUM
TO: Rebert A. Barcinski, Acting City Manager
FROM: Jehn W. Elliett, Jr., Assistant City Manager/
Management Services
DATE: July 20, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
AUGUST 8, 1989 - APPROVAL AND AWARD OF
CONTRACT - CIGNA DENTAL PLAN
Item Befere City Cemmissien:
The City Cemmissien is requested
centract fer a greup dental
administered by the Credit Unien
to. appreve and
insurance plan
ef Palm Beach.
to. award a
previeusly
Backgreund:
The Credit Unien ef Palm Beach will terminate its greup
dental plan as ef September 31, 1989. Since the majerity ef
its participants are City empleyees, the insurance cempany
has agreed to. centinue the plan City-wide at its current
rates and under a centract between the City and CIGNA. The
premiums are paid fer by the empleyee threugh payrell
deductiens.
Recemmendatien:
Staff recemmends appreval ef the Dental Plan and centract
fer a period ef ene year, Octeber 1, 1989 to. September 30,
1990 at which time the pregram will be re-evaluated.
JWE:sk
attachment
cc: Lee Graham
Marty Ritchasen
Herb Thiele
Ted Glas
lJJ~ r I
THE EFFORT ALWAYS MATTERS
Form 0010
CIGNA DENTAL HEALTH OF FLORIDA, INC.
AND
Group Contract
TABLE OF CONTENTS
Page
1. Definitions.......................... 0010/1
2. Term of Contract..................... 0010/2
3. Eligibility; Effective Date.... ...... 0010/2
4. Rates................................ 0010/2
5. Group Contributions.................. 0010/3
6. Covered Services..................... 0010/3
7. Exclusions........................... 0010/3
8. Limitations.......................... 0010/4
9. Hospitalization...................... 0010/4
10. Charges for Broken Appointments.... " 0010/4
11. Facilities........................... 0010/4
12. Referrals............................. 0010/5
13. Responsibility for Service..... ...... 0010/5
14. Administration................. ...... 0010/5
15. Notice............................... 0010/6
16. Grievance Procedure.................. 0010/6
17. Termination.......................... 0010/7
18. Extension of Benefits ............... 0010/8
19. Continuation of Benefits.......... '" 0010/8
20. Conversions.......................... 0010/8
21. Renewal.............................. 0010/9
22. Assignment........................... 0010/9
23. Amendment............................ 0010/9
24. Entire Contract............... ....... 0010/9
25. Governing Law.............. .......... 0010/10
.
I. DEF;INITIONS
Capitalized terms in this contract (the .Contract"), unless otherwise
defined, shall have the meanings set forth belovo
CDH - CICNA Dental Health of Florida. Inc.
Covered Persons - Subscribers and their enrolled Dependents.
Dental Plan - Prepaid dental care services to be provided pursuant to this
Contract.
Dependent - Spouse; unmarried son/daughter, or stepson/stepdaughter of a
Subscriber, or member of the Subscriber's household resulting from a court
order or placement by an administrative agency, who is enrolled in the
Dental Plan and who is (a) less than nineteen (19) years old; or (b) less
than twenty-three (23) years old if he or she is a full-time student at an
accredited educational institution; or (c) of any age if he or she is and
continues to be both: (1) incapable of self-sustaining employment due 'Co
mental or physical incapacity; and (2) chiefly reliant upon the Subscriber
for maintenance and support. For a Dependent who falls into category (b) or
(c) hereto, evidence of his or her reliance on the Subscriber shall be
furnished to CDH in the form CDH requests within thirty-one (31) days aft:er
said Dependent: at:tains t:he age of nineteen (19) and, t:hereaft:er, not: more
frequently t:han annually.
Facilit:y - Office of Provider or group of Providers where prepaid dent:al
services are rendered to Covered Persons, in accordance wit:h t:he t:erms of
t:his Cont:ract.
Family - Subscriber and one or more enrolled Dependent:s.
Group - Employer, labor union or other organizat:ion t:hat: execut:es t:his
Con t:rac t: .
Patient Charge Schedule - Attached list: of covered benefit:s and charges.
Patient Charges - Payments made by Covered Persons directly to a Provider or
Specialist: for certain dental procedures, as set forth in t:he appropriat:e
Patient Charge Schedule.
Prepayment Fee - Rates t:hat the Group must remit to COH for Covered Persons
each calendar month during t:he term of t:his Contract:.
Provider - Dentist who has executed a contract wit:h CDH under which he or
she agrees to provide prepaid dent:al care services t:o Covered Persons for a
monthly capitat:ion fee and applicable Patient Charges.
Specialist - Dent:ist: who has executed a contract with CDH under which he or
she agrees t:o provide specialized dental care services t:o Covered Persons
upon CDH's request at an established range of rates.
Subscriber - Eligible employee or member of the Group who is enrolled in t:he
Dent:al Plan and who has paid all applicable Prepayment Fees, if any.
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2. TEJ?H OF CONTRACT
The t:erm of t:his Cont:ract: shall begin on , 198_, ",hieh shall be
t:he effect:lve dat:e of coverage of t:he Group under t:he Dent:al Plan (t:he .~Effect:ive
Dat:e" ). The original t:erm of t:his Cont:ract: shall ext:end unt:il t:he expirat:ion of
t:he init:ial rat:e guarant:ee, pursulUlt: t:o t:he t:erms of Sect:ion 4 (t:he "Expirat:ion
Date"); IUId t:he Contract shall be aut:omat:ically renewed on IUI annual basis
effect:ive t:he day follOWing the Expirat:ion Date (the "Renewal Date-), unless
terminat:ed in. accordance ",ith the provisions of Section 17 hereof.
3. ELIGIBILITY; EFFECTIVE DATE
Present employees are eligible upon complet:ion of
of service ",ith t:he Group. Future employees "'ill be eligible
of months of service ",ith the Group.
months
upon completion
Employees ",ho satisfy the eligibility requirements IUId ",ho enroll prior to
the Effective Dat:e of the Contract will be covered on the Effect:ive Date of the
Contract. Employees ",ho become eligible aft:er t:he Effect:ive Dat:e of the
Cont:ract:, and "'ho complete an enrollment form "'it:hin thirt:y (30) days of initial
eligibilit:y shall be covered on the first: day of t:he month following completion
of sucll form.
Dependent:s, as defined in Section I, are eligible upon enrollment of
Subscriber, or "'it:hin thirty (30) days of their attainment: of eligibilit:y due to
a chlUlge in stat:us such as birth, marriage, etc. If employees and/or t:heir
Dependents are not: enrolled "'ithin thirty (30) days of att:ainment: of eligibility.
they cannot: be enrolled until the next open enrollment: period conduct:ed for t:he
Group. Dependent: coverage may only be delet:ed during open enrollment periods
unless a change in status, such as divorce, has occurred. Dependent:s who are
disenrolled due to non-payment by Subscriber ",hile still eligible may be required
to submit: proof of insurability before re-enrollment.
4. RATES
Individual Subscriber
Individual Subscriber + One Dependent
F BJ11il Y
Honthlv
$
$
$
In considerat:ion of t:he services t:o be rendered or made available to t:he
Covered Persons by CDH, t:he Prepayment: Fee for t:he initial mont:h of coverage
effect:ive 1, 198_, is to be remitted by t:he Group to CDH on the 15th of
the month preceding t:he month of coverage, including a list of persons covered
under the Dent:al Plan. On 15th IUId t:he 15th of each calendar mont:h
thereaft:er for t:he t:erm of t:his Contract:, CDH ",ill send the Group an alphabetized
list of Subscribers IUId a bill for the next month's coverage. On or before the
20th of each mont:h t:hereaft:er, t:he Group shall remit the Prepayment F,.e to CDH
"'ith an addit:ional list: indicating Covered Persons to be added t:o, or deleted
from the Dent:al Plan, IUId any changes in t:ype of coverage for the next: month.
The Prepayment: Fee rat:e st:ruct:ure is guarant:eed for _ (_) year(s) through
and iDsy be adJust:ed t:hereaft:er.
Not:withst:anding any ot:her provision in t:his Sect:ion, alternat:ive payment
mechanisl1lS developed for t:he Group by other CDH affiliates shall supersede the
terms of t:his Sect:ion.
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5. GlIpUP CONTRIBUTIONS
The Group ",ill coneribuee ehe follCNing 4llIOunes eo cover ehe raees see foreh
in Seceion 4 hereof:
Individual Subscriber
Individual Subscriber + One Dependene
F lUIl11 Y
Honehlv
$
$
$
The Subscribers shall pay the balance of the raees, if any, as set foreh in
Seceion 4 ehereof.
6. COVERED SERVICES
Services under the Dental Plan "'ill be provided according eo ehe aeeached
Paeiene Charge Schedule. Certain services are subJece eo a Paeient Charge as
liseed In ehe Schedule.
PaeIene Charges liseed on ehe Paeiene Charge Schedule of ehe Deneal Plan
"'ill be revIewed and lIISy be adJuseed ae the end of each calendar year. Paeiene
Charges shall ehen be guaraneeed from ehe fIrse of ehe succeedIng year uneil the
end of ehae calendar year. CDH shall provide ",rieeen noeIce eo ehe Group of any
change in Paeiene Charges liseed on the appropriaee PaeIene Charge Schedule ae
lease ehirty (30) days prior eo such change.
CDH may change ehe Deneal Plan's covered services, effeceive as of any
Renewal Daee (hereinafeer defined) of this Contrace, upon ",ritten noeice sene to
the Group by cereified mail, return receipe requested, ae lease forty-five (45)
days before thae Renewal Daee. Such a change ",ill be made by lUIlendment. which
shall become a pare of ehis Conerace.
All coneraces beeween CDH and ehe Providers seaee thae under no
circUlllseances shall any Covered Person be liable eo any Provider for any sums
o",ed eo ehe Provider by CDH, noewiehseanding any delay by CDH in paying the
ProvIder any such Sullls. Covered Persons may be liable to non-coneraceing
deneises for ehe cose of services in ehe event CDH is noe obligaeed, for any
reason, eo pay ehe non-coneraceIng deneise.
7. EXCWSIONS
Services under ehe Deneal Plan specifically do noe cover any conditIon
caused by or resuleing from:
(A) Injuries or coneusIons as eo ",hich benefies exise under ",orker's
compensation, occupational disease. or a similar law or ace; nor
(B) Condieions as eo ",hich deneal treatmene (noe including medical
assiseance) is provided by a federal or staee government agency or is
provIded wiehoue cose eo ehe Group or any Covered Person by any
polieical subdIvision or governmental auehoriey; nor
(C) Any injury or coneusion arising oue of any condieion ",hich is
ineeneionally self-infliceed; nor
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(D) Declared or undeclared war or act thereof; nor
(E) Service in the armed forces of any country or international authority;
nor
(F) Any condition as to which services, treatment, or supplies of any kind
are furnished or paid for under Title XVIII (Hedicare) of the Social
Security Act, as amended; nor
(G) Cosmetic dentistry or dental surgery performed without functional or
pathological need; nor
(H) Self-administered prescription drugs and the administration of a
general anesthesia (except when medically necessary and authorized by
the Covered Person's Provider and/or physician).
8. LIHITATIONS
The services included in the Dental Plan are limited to the extent set forth
herein:
(A) X-RAYS - Complete mouth x-rays will be provided as necessary;
(B) ACCIDENT OR EHERGENCY - In the case of accident or emergency involving
acute pain or a condition requiring immediate treatment (but not
hospitalization) occurring more than fifty (50) miles from the
Subscriber's home or when the Covered Person is unable to reach his/her
designated CDH Facility, the Dental Plan covers the cost of all
necessary diagnostic and therapeutic dental procedures administered by
any general dentist up to a llIAXiDJUll1 of $50 for each accident or
emergency, upon submission to CDH of proof of payment by Covered
Person.
9. HOSPITALIZATION
In the event that it is necessary for a Covered Person to be hospitalized,
the cost of hospitalization shall be borne by the Covered Person. The Dental
Plan covers treatment of the teeth, the gums (other than tW1JOrs) and other
associated structures included in the treatment of teeth while the Covered Person
is hospitalized, in accordance with the appropriate Patient Charge Schedule.
10. CHARGES FOR BRQKEN APPOINTHENTS
All Covered Persons shall pay the charge set forth in the Patient Charge
Schedule for each and every appointment broken with less than twenty-four (24)
hours' notice to the Provider.
11. FACILITIES
Except as otherwise provided in SectIons 8(B) and 12 hereof, all dental
services to be rendered to Covered Persons shall be performed by Providers under
contract with CDH at independently owned Facilities. These Facilities are
operated by individual Providers for the provision of ordinary and customary
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dental t.eatment at locations convenient to the Subscriber.. Family members muSt
be treated at the slll1Jedental Facility. Transfers to participating CDH
Facilities for any reason Can be arranged through the CDH administrative offIce
and will be effective on the first of the IDOnth following the request. :'l'here
wIll be no charge to the Subscriber for such transfers.
12. REFEIIRALS
When specIalIzed dental care services are requIred by a COVered Person, a
CDH Provider IIlUSt InItIate the referral process. CDH shall revIew the specialty
referral request and authorIze specialty treatment listed, accordIng to the
approprIate PatIent Charge Schedule. Covered Persons shall be lIable for the
applicable PatIent Charges, as indicated In the approprIate PatIent Charge
Schedule, includIng any dental services rendered but not listed in the PatIent
Charge Schedule for the Group.
In the event that a CDH participating ProvIder or SpecialIst is not
available, the CDH ProfessIonal Relations Department wIll arrange a vIsIt to a
non-partlcipatlns.dentlst or specialIst. In all cases, the Covered Person shall
rel1J8.In responsible only for Patient Charges, as listed In the approprIate Patient
Charge Schedule.
13. RESPONSIBILITY FOR SERVICE
CDH wIll procure dental services hereunder In accordance with recognIzed
standards of sound dental practice through contracts with Providers and
Specialists. CDH shall be the ultilZlB.te judge of what professIonal services are
requIred and the dental procedures to be used and also the need for referral of
Covered Persons to a 'specialist or a general dentist. CDH shall not be obligated
to render any service other than through participating Providers or Specialists,
unless prior authorization has been granted by CDH.
14. ADlfINISTR.4IION
(A) The Group will cooperate wIth CDH wIth respect to solicIting and
enrollIng persons eligible to enroll hereunder and in obtaining
authorIzed payroll wIthholdIng from Subscribers, to the extent that the
applicable Prepayment Fee exceeds the Group's contribution on
Subscriber's behalf for the covered servIces.
(B) CDH shall receIve copies from the Group of all signed enrollment and/or
change forms and shall be permItted to inspect the Group's records for
information pertaIning to eligibilIty, enrollment and payment of
Prepayment Fees hereunder, and shall be permitted to lZlB.ke copIes
thereof at any reasonable time upon reasonable prior notIce to the
Group.
(C) All Subscribers wIll be provided wIth an identification card, which
should be retaIned at all tImes and available for presentatIon upon
vIsits to the dental FacilIties.
(D) CDH shall arrange for the organization and I1J8.Intenance' of dental
records in accordance with aCCepted professional standards of dental
and internal control practIces.
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15. NOT.ICE
--
Any notIce requIred by thIs Contract shall be in wrItIng and sent vIa
certIfIed ~11, return receipt requested.
If to CDH:
AttentIon:
1525 N.W. 167 Street
HllU1/i, FL 33169
Contracts AdmInIstratIon
If to Group:
Attention:
16. GlUEVANCE PROCEDURE
Almost all controversies can be solved on a personal level by the Provider
or the Plan Admi~istrator at CDN through the Professional RelatIons staff and a
computerized system, which tracks the investigation results and current status.
If the patient/Subscriber is not satisfied with the proposed resolution, the
complaint Is categorized accordIng to the following guidelines:
1. If the problem is of a dental nature concerning quality of care, a CDN
Area Dental Director is consulted for appropriate resolutIon. The
Director's decIsion shall be final if he/she rules in favor of the
patient; however, if the Director decides against the patient, an
appointment can be arranged with a DlUtually agreed upon
non-participating dentist for a second opinion at CDN's expense.
Resolution should be within two weeks, providing appointments are
evailable for consultation. The final decision will be made by the CDN
Regional Dental Director. based upon independent analysis of the
recO/1Jll/endations of both the Area Dental Director and the
non-participating dentist.
If the Covered Person is not satisfied with the CDN decision concerning
issues of quality or appropriateness of care, the complaint may be
referred to the local peer review organIzation of the county in "'hich
the Provider is located.
2. If the problem is financial In nature, a consultation is arranged wIth
the CDN Accounting Department to revIew the charges involved and
resolution should be reached Within five days.
3. If the problem concerns plan definitions or limitations, or Provider/
Facility rapport, the Plan Administrator is consulted and a written
response should be received by the Subscriber within fifteen (15) days.
If Subscriber satisfactIon is still not achieved, a grievance cO/1Jll/ittee
composed of three members (the "Grievance CO/1Jll/ittee") will be consulted wIthin
three months of initIal notificatIon to CDN. If the grievance is of a strictly
professional nature concerning the qualification of or treatment provided by a
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Provide., all three members shall be dentists.
member, the local dental society shall be asked
cases, members shall include:
If they cannot agree on a third
to select a member. In all,
a. a representative appointed by CDH;
b. a representative appointed by the Covered Person; and
c. a.mutually agreed upon representative of the dental society or
community, who shall preside over the Grievance Committee.
The parties to each side of the controversy will bear the cost of his/her
own expenses. Both parties shall share, on an equal basis, the expenses of the
third member, presiding over the Grievance Committee.
Notwithstanding any other provision in this Section, the Group and all
Covered Persons reserve the right, after the Grievance Committee has reached a
final resolution, to appeal its decision to the appropriate state regulatory
agency and/or /;0 pursue all available remedies through courts of competent..
jurisdiction with respect to any claims arising from the professional treatment
performed by Providers.
17 . TERHINATION
(A) Coverage under this Contract shall terminate as follows:
(1) For a Covered Person(s) specifically:
(a) For a Subscriber and his/her Dependents, effective the first
day of the month, following the date the Subscriber ceases
employment with the Group;
(b) For a Dependent, effective the first day of the month,
following the date the Dependent ceases to meet the
definition of Dependent;
(c) For any Covered Person, effective the first day of the month,
following the date such Covered Person is disenrolled from
CDH;
(d) For any Covered Person, effective the first day of the month
following the permanent breakdown of the Provider-patient
relationship with the Covered Person. CDH l1J8.y not terminate
a Covered Person's coverage for this cause unless (1) CDH
gives the Covered Person an opportunity to change Providers
at least once, and (2) CDH gives the Covered Person at least
thirty (30) days' notice of the termination;
(e) For any Covered Person, effective the first day of the month
following the date CDH notifies the Covered Person that it is
terminating such person's coverage for the Covered Person's
misuse of dental services or Facilities.
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(2) For a Group, in case of:
(a) Nonpayment of Prepayment Fees, after thirty (30) days'
written notice, but the Group shall remain liable ~or
Prepayment Fees accrued during this thirty (30) day period;
(b) Hisuse of dental services or Facilities on the part of the
Group, after fifteen (15) days' written notice.
(B) Either the Group or CDH may terminate this Contract, effective as of
any Renewal Date (as hereinafter defined), by providing at least sixty
(60) days' prior written notice to the other party.
(C) CDH will provide written notice within a reasonable time to the Group
of any termination or breach of contract by or inability to perform of
any contracting Provider if CDH determines that Covered Persons may be
materially and adversely affected thereby.
18. EXTENSION OF BENEFITS
Coverage for completion of a dental procedure (except for orthodontic
treatment), requiring cwo or more visits on separate days to a Facility, shall be
extended for ninety (90) days after termination of the Covered Person's
membership, unless termination by CDH was due to non-payment of the Prepayment
Fee by Subscriber.
In the case of orthodontic treatment, if the orthodontist has agreed to or
is receiving monthly payments, extension of coverage shall be sixty (60) days.
If the orthodontist has agreed to or is receiving quarterly payments, coverage
will be extended to the end of the quarter or sixty (60) days, whichever is
later.
19. CONTINUATION OF BENEFITS
Federal law requires offering of continuation of benefits coverage for a
specified period of time to Covered Persons upon termination of employment or
reduction of work hours, for any reason other than gross misconduct, through
direct payment by Subscriber of the.required premium to the Group.
Subscriber must elect to continue coverage within sixty (60) days from such
termination of employment or notification by the Group, whichever is later.
Subscriber may elect to extend Dependents' coverage or the Dependents may
themselves elect to continue coverage under certain circumstances. A Dependent
1lIUSt elect to continue coverage within sixty (60) days from termination of
employment or notification, whichever is later.
20. CONVERSIONS
Upon termination of employment with the Group andlor termination of this
Contract by the Group, any Covered Person may obtain coverage under an individual
Dental Plan, unless such termination occurred pursuant to Section 17, Paragraph
A, items (l)(c), (d) or (e). Such Dental Plan and any succeeding renewals would
be at the then-prevailing conversion .rates of CDH.
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21. RENEWAL
Upon expiration of the original rate guarantee, this Contract shall be
autolD4tically renewed on an annual basis effective on the Renewal Date,:'unless
otherwise terminated in accordance with Section 17 hereof.
22. ASSIGNIfENT
CDH may. assign this Contract and its rights hereunder and delegate its
duties hereunder to an affiliated entity or to any entity into which it is merged
or which acquires substantially all its assets. Neither party may otherwise
assign or transfer this Contract or rights hereunder without the prior written
consent of the other party.
23 . AHENDHENT
Except as otherwise herein provided, this Contract may be amended, changed
or modified in a.writing, signed by both parties. All amendments thereafter
shall be attached hereto and made a part of this Contract.
24. ENTIRE CONTRACT
This Contract, including the attached Patient Charge Schedule and
Pre-Contract Application, represents the entire agreement between the parties
with respect to the subject matter. The signatures of both parties on the
aforementioned Pre-Contract Application shall denote acceptance of the terms of
this Contract, unless proper notice is served, pursuant to the terms of SectIon
15, within twenty (20) days of receipt of this Contract. The invalidity or
unenforceability of any Section or sub-Section of this contract shall not affect
the validity or enforceability of the remaining Sections hereof.
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25. GOVERJlING LAW
This Cont:ract: shall be const:rued for all purposes as a legal document: and
shall be int:erpret:ed and enforced in accordance wit:h pert:inent: levs and:"
regulat:ions of t:he St:at:e of Florida, including Sect:ion 627.6577, Florida
St:at:ut:es:
Any employer, group, or organizat:ion t:hat: pays or cont:ribut:es t:o
t:he premium of a group healt:h insurance plan or a dent:al service
plan corporat:ion which provides dent:al coverage only upon t:he
condit:ion t:hat: services are rendered by an exclusive list: of
dent:ist:s or groups of dent:ist:s shall provide an alt:ernat:ive t:o
enable t:he insured t:o have a free choice of dent:ist:. The
employer, group, or organizat:ion shall payor cont:ribut:e an equal
dollar amount: t:ovard eit:her alt:ernat:ive elect:ed by t:he insured.
The provisions of t:his sect:ion shall not: require t:he commingling
of cost:s and claims experience bet:veen t:he t:vo alt:ernat:ive plans.
CIGNA DENTAL HEALTH OF FLORIDA, INC.
BY:
BY:
TITLE:
TITLE:
DATE:
DATE:
3737B
5/25/88
- 0010/10 -
l
.
'77' .
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TO:
MEMORANDUM
11.:,;, 4<~~L
Frank Spence, Director of Development Services
THRU:
Lula Butler, Director of Community Improvement
Richard Bauer, Code Enforcement Administrator
FROM:
Gene Brown, Building Inspector/Code Enforcer
SUBJECT:
COMMERCIAL BOATS USING VETERANS PARK'S DOCKS AND PARKING LOT
FOR CRUISES
We have received several complaints about commercial boats loading and
unloading groups of people for charter cruises at the subj ect loca.tion.
Section 92.15 addresses boats in general with no mention of commercial
activity. I find that there is no clear cut violation as long as proper
permits and licenses are issued.
After interviewing two of the boat owners involved and discussing this matter
with Jeff Kurtz, it appears that the activity could be a major asset to Delray
Beach as opposed to a violation.
Subsequently, we have a verbal request from Maurice Goldburg, "This Side of
Paradise," and Dana Mark, "Stillwater," to clarify use at Veterans Park.
Mr. Goldburg is attempting to obtain a parking agreement with owner of
Atlantic Plaza.
Perhaps this is a matter that could be addressed by Joe Weldon, the City
Manager and you.
GB:mh
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Jet Ski Rentals
396-5646
The Joys of Toys, Inc.
By the Day
You Take It Away
IllumU.. .... . RtIlr1cU_ ....,.
, YACHTS FROM 45' TO 150'
INCLUDING
:,THIS SIDE OF PARADISE
AN 82 FOOT LUXURY YACHT
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IDEAL FOR
. ANNIVERSARIES . COMPANY EVENTS
. COCKTAIL PARTIES . BIRTHDAYS
. WEDOINGS . RECEPTIONS
Don't Be Disappointed
Book CHRISTMAS &
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;' NOW!
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AS LOW AS
'49500 FOR 4 HOURS
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
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TO: FRANK R. SPENCE
DIRECTOR DEVELOPMENT SERVICES
FROM: ..~~ GATES D. CASTLE, P.E.
/' Iv '- CITY ENGINEER
DATE: JULY 27, 1989
SUBJECT: FIELD CHANGES - CONSTRUCTION CONTRACTS
As discussed, certain field changes become necessary during
construction projects due to unexpected field conditions.
It is not practical to stop construction until the required
changes are approved by City Commission or even the
administration. It is requested that a policy be adopted
whereby the Department Head has the authority to approve
these changes up to a certain dollar, or % of contract,
amoun t .
Paragraph PUR-19.3 of
and Procedures Number
my concerns.
the proposed Administrative
PUR-19 (Copy Attached) would
Policies
satisfy
GDC:slg
Attachment
~
~'WS/ ~
.
MEMORANDUM
TO: Robert A. Barcinski
Interim City Manager
FROM: Joseph Dragon
Acting Director of Parks & Recreation
SUBJECT: City Ordinance 92.15 - Docking at Veterans' Park
DATE: August 1, 1989
City Ordinance 92.15 requires that the City Manager approve
requests for docking if under six (6) hours or City Commission
approval if over six (6) hours. Since this appears to be a
commercial venture, with no specific hours indicated, there may
be other conditions governing this type of actiVity. I
certainly, and I do not think Joe Weldon ei ther , would be in
favor of allowing commercial activity at the Veterans' Park
dockage. Please advise.
of Parks & Recreation
JD:jh
EXECUTIVE MANAGERS ASSOCIATION
in the
STATE OF FLORIDA
July 27, 1989
Mr. Joseph Dragon
Assistant Director
Parks Dept.
City of Delray Beach
Dear Mr. Dragon:
I am President of the Executive Managers Association
consisting of licensed Managers of Condo's, Co-Op's
and Property Managers.
Our group has chartered the T S 0 Paradise on August
5th, 1989 for a five hour cruise.
I do believe the Captain has talked to you in regards
to boarding the boat at Veterans Park, at Atlantic
Avenue. We do hope we will be able to board there.
We expect to have sixty of our members to take the
cruise. Your kind cooperation will be appreciated.
(9~Y1J~
~~. ~~, Pres.
4001 N. Ocean Blvd.
Delray Beach, Fla. 33483
(407) 276-4111
,.
City of ADMINISTRATIVE SUBJECT: Purchasing
POLICIES AND PROCEDURES Change Orders
Defray MANUAL
Beach NUMBER REVISIONS EFFECTIVE DATE: PAGE
PUR 19 0 1 OF 2
~@ SUPERSEDES APPROVED BY:
0 City Manager
-
PUR-19 Purpose:
The purpose of
responsibilities and to
"Change Orders" are
modifications are needed
this document is
implement procedures to
needed to purchase
to contracts.
to establish
be followed when
orders and/or
PUR-19.1 Definition:
(a) Change Order - A written order signed and issued by the
Purchasing Department, directing the vendor, or contractor to make
changes to the purchase of supplies, equipment, services or
construc~1on. .
.
(b) Contract Modification
specifications, delivery point,
performance, price, quantity,
contract accomplished by mutual
contract.
Any
rate of
or other
action of
written alteration
delivery, period
provisions of
the parties to
in
of
any
the
PUR-19.2 Change Orders (~n-construction) _
(a) Minor Changes to Purchase Orders/Contract
Modifications - Where: Change Will Not Increase
Purchase Order Total to $0 $2,000.
Must Have
Approval by Purchasing Director, Budget
Director & Assistant City Manager of using~
Dept. '!ill'"
(b) Changes to Purchase Orders/Contract
Where: Change Will Increase
Purchase Order Total
To $2,000. but less than
Must Have
Approval by Purchasing Director,
Director, Assistant City Manager
& City Manager.
Modifications -
$10,000.
Budget
of Using Dept.
(c) Changes to Purchase Orders/Contract Modifications _
Where: Change Orders Will Increase
Purchase Order Total to $10,000, &
over.
Must Have
Approval of all above plus the City Commission.
4'
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PUR-19.3 Chanqe Orders (Construction contracts) ~10/~
Contract modifications, change orders or contract price
adjustments for construction contracts shall be made under the
authority of the Contract Administrator up to a 10% increase
or decrease in the awarded contract price. Contract
modification, change order, or contract price adjustments over
10% shall be sUbject to approval by the City Commission after
receiving a report as to the effect of the contract modification,
change order, or contract price adjustment on the total project
bUdget or the total contract budget.
PUR-19.4 Procedure:
A Change Order to a Purchase Order is handled in much the
same way as the issuance of a Purchase Order. The department
requesting the Change Order shall submit to the Purchasing
Department a change order request on a requisition indicating
the reason for the changes, i.e., increase in quantity, addition
of freight charges, addition of items, etc. Change order
requests that list a price change with no explanation for the
increase or decrease will be returned to the originator.
Change Orders will not be issued when changes are of an
insignificant nature (less than $25) such that no written
notification is needed.
7/26/89
Telephone Survey on Change Order Procedures
Conducted By - Toni Hayes, Purchasing Dept.
Boca Raton
Boca Raton has a change order policy that is part of their
purchasing ordinance. When a change order is necessary a
new requisition is submitted. Their dollar limit of
authority on change orders is $6,000. Purchasing employees
have the authorization to approve change orders, but if the
amount is over $6,000, it must be approved by Commission.
Boynton Beach
Boynton Beach does not really have a change order policy, but
the procedure they do follow is administrative. They have a
bid limit of $1,000. If over this amount it must be approved
by Commission. Buyers, Administrative Assistant, and the
Director can approve change orders. Construction change
orders are not handled by Purchasing. They are handled by
the project manager and then it goes to Commission for
approval.
Pompano Beach
Pompano Beach has a change order policy that is
administrative. They have a limit of $5,000 in which any
purchasing employee can approve. If it is over this amount
it must be approved by Commission. All construction must be
approved by Commission.
Coral Springs
Coral Springs has a change order policy that is
administrative. They have no set dollar or percentage limit
of authority on change orders. The Purchasing Agent
approves change orders, but if it is over $5,000 Commission
must approve. Construction change orders are handled the
same way.
Lantana
Lantana has a change order policy that is administrative.
Their percentage limit of authority on change orders is 10%
above original cost. The using department approves these
change orders. Anything above 10% must be approved by
Commission. Construction changes orders are handled the
same way.
Deerfield Beach
Deerfield has a change order policy that is departmental
procedure. They have a dollar limit of authority on change
orders of $5,000. The Purchasing Director has the authority
to approve change orders. If there is only one bid it must
be approved by Commission. Construction change orders must
be approved by Commission.
[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE
-I."
"ll!UI r. SI I fl.j. 1)11:< \', ,,( \( II. I IlJ[<ill \ lq.",
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r~EMORANDUM
Date: July 27, 1989
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: City Attorney's Office Seeks Clarification and
Direction Regarding the City Attorney's Office Role
with Review of Bids for the Old School Square Projec.t
for Conformance with Contract Documents
Larry Schneider of Currie Schneider Associates, AlA, P.A.,
architects for the first phase. of the Old School Square pro-
ject, met with me to discuss the City's involvement, if any, in
the review of bids for conformance with contract specifications
and requirements.
Apparently, Stinson-Head, Inc. may be the low bidder on the
project and has requested certain modifications to the con-
tract. (See attached letter from Larry Schneider and qualifica-
tions o:f the bidder to the contract).
As you may recall, t.he Commission, on September 13, 1988,
passed Resolution No. 59-89' establishing Old School Square,
Inc. (aSS) as Project Administer. The Commission Subsequently
agreed to have ass manage the construction, as well as the
contracting and bidding of the project. Previously, the City
A1:torney's Office received direction from the City Commission
to provide some assistance to ass in the contract drafting
stage in order to protect the city's interest as owner of the
facility.
The construction contract, which has been
OSS, is between Old School Square, Inc. and
Square, Inc. selects as the contractor.
tracts are also between the architect and
Inc.
put out to bid by
whomever Old School
Architectural con-
Old School Square,
At this time, our office requests direction from the City
Commission as to whether our office should assist in the
evaluation of the bids and their compliance with the contract
documents. ilt.ddi tionally, our office seeks clarification and
City conunission
July 27; '1989
Page 2
direction as to whether the City conunission wishes to approve
or deny the contract changes proposed by Stinson-Head, Inc. and
ummarized in the attached letter from Larry Schneider.
cc: Robert A. Barcinski, Interim City Manager
Larry Schneider, Currie Schneider and Associates
Francis Barque
Marylou Strollo
C'Jrr:E-
Schnelcec
:\s~ociarp~
AlA PA..
'~II,..(.t, I'Ll nPl"
'"'..rHlr Df'~ll.(r'f:r.
July 25, 1989
Ms. Susan Ruby, Esq.
Assistant City Attorney
CITY OF DELRAY BEACH
CITY ATTORNEY'S OFFICE
310 SE 1st Street Suite 4
Delray Beach, FL 33483
Re: OLD SCHOOL SQUARE - 89517
Dear I'1s. Ruby:
As per our di scuss i on of Ju ly 24.. 1989 regarding the proposa 1 s
received for the referenced project, it appears that the apparent
low bidder is STINSON-HEAD, INC. at 5743,000 (a $66,0000 difference
from the second low bidder, t10UW ASSOCIATES, INC.). In the
proposal forwarded by OLD SCHOOL SQUARE, they have indicated a
number of qualifications to their bid. A number of those issues
relate to the General Conditions and the following is a review of
those items for your evaluation.
1. Paragraph 2.4.1: The issue relates to the 7-day written
notice shall be waived and such action may be taken without
notice as the Owner's right to carry out the work.
This would be a call by the City. We have no objection to the
General Conditions remaining in their original form regarding
this item. It only seems fair that a notification time should
be allowed.
2.
Paragraph 3.4.3:
provide a list
modified from 15
They request the
showing the name
to 30 days.
time for the Contractor to
of manufacturer's to be
This would be tota1ly at the City's discretion; we have no
objection to either number of days.
3. Paragraph 3.4.4: They would like to omit the second sentence
which states "If the full list is not avai lable, the Architect
may state that action will be deferred until the Contractor
provides further data".
We see no need for the modification of this statement, for it
is in our interest to receive the entire list and act on it
at one time, in lieu of piece-meal.
'I~ .
Ns. Susan Ruby, Esq.
OLD SCHOOL SQUARE - 89517
July 25, 1989
Page 2
4. Paragraph 3.6.1: This paragraph addresses the issue of taxes.
They are concerned about the modification to it indicating all
taxes.
5. Paragraph 3.12.9: The addition to the Supplementary General
Conditions do not modify this item, but add additional
material which appears to be listed in 3.12.7,3.12.8 and
3.14.1.
w'e have no objection if the City wishes
pdragraph. It seems to repeat information
Section J of the General Conditions.
to maintain this
already found in
6. Paragraph 4.1.4: w'ith regard to Arbitration.
We do not
arbitration.
Clients that
changing the
understand why the Contractor is requesting
It has been our pol icy to recommend to our
arbitration be an option. We normally recommend
word "shall" to "may" on this issue.
7. Paragraph 4.3.2: Which is an addition to arbitration shall
occur only upon the agreement of the Owner and the Contractor.
We would tend to concur with this statement. For future
consideration, it would also be advantageous to include the
Architect as he might well be part of the process.
8. The City recommends deletions of 4.3.3, 4.3.4, 4.3.5, 4.3.6,
4.3.7, 4.3.8 and 4.3.9 dealing with Time Limits on Claims,
Continuing Contract Performance, Waiver of Claims, Final
Payments, Claims for Concealed or Unknown Conditions, Claims
for Additional Cost, Claims for Additional Time, Injury or
Damage to Person 0' Property.
I am not sure I understand why the Ci ty wants these items
deleted. I would think you would want a Time Limit on Claims
(you don't want it to last forever); the Claims for Concealed
or Unknown Conditions is very valid and should be a part of
this contract (specifically, such a restoration/remodelling
project); Claims for Additional Costs and Time seem necessar~'
for a project of such size and scope, and Injury or Damage to
Person or Property is also important.
Ms. Susan Ruby, Esq.
OLD SCHOOL SQUARE - 89517
July 25, 1989
Page 3
9. Paragraphs 4.5.1,4.5.2,4.5.3,4.5.4,4.5.4.1,4.5.4.2.
4.5.5,4.5.6 and 4.5.7 all deal with Arbitration. As we noted
above, it has been this firm's policy to make Arbitration an
option, not mandatory.
10. Paragraphs 7.3.6 change Subparagraph 7.3.6.1 to 7.3.10 (which
does make sense there should be no objection to this);
Paragraph '7.3.6.1. 2 change 5% to 10% (we woul d Ii ke to
maintain the 5%, however, we do not understand the major
importance ut this issue); Paragraph 7.3.6.1.5 change to
Subparagraph 7.3.6.1 through 7.3.6.5
11. Paragraph 8.2.4: The Contractor requests the Date of
Commencement to be ten (10) days after Notice to Proceed, and
the original states that the Date of Commencement shall be
fixed on a Notice to Proceed issued by the Owner.
The intent of this modification by the General Contractor is
to allow time for mobilization after receiving a Notice to
Proceed. This could be a moot point; the City needs to state
it~ position on this issue.
12. Paragragph 8.3.2: Relates to the delays and extension of
time, the Ci ty has added 8.3.4, 8.3.6, 8.3.7, 8.3.8, 8.3.9,
8.3.10 which probably should be renumbered to 8.3.4, 8.3.5;
8.3.6, 8.3.7, 8.3.8 & 8.3.9.
This issue relates to the extension of time which was deleted
under the provisions of Paragraph 4.3, and these new
paragraphs rewrite these issues. It appears that we will need
to request the position of the General Contractor on this
issue. '
13. Paragraph 9.3.1: They would like to modify the sentence which
reads "The Contractor shall submit vouchers from materials
dealers to substantiate his claim of material costs to the
value of the materials stored at the site as defined as the
actual cost of materials. "
It seems the issue is the vouchers for the materials. We
would have no objection to the modification as we would still
request back-up information. This would still provide the
protection the Owner/Client is looking for.
Ms. Susan Ruby, Esq.
OLD SCHOOL SQUARE - 89517
July 25, 1989
Page 4
14. Paragraph 10.1.4 (which was deleted) states that the Owner
shall indemnify, hold the Contractor, Archi tect and
Consultants harmless if asbestos or polychlorinated biphenyl
(PCB) is found on the site.
There is no way that the Architect, Contractor or Consultants
can be held responsible if these items are found on site. I
um sure this was deleted for new work, but does not address
the issue on existing conditions.
~
15. Paragraph 12.2.1.1: Due to recent work on public projects
which have run beyond the date of proposed completion, this
firm has had to dip into its own pockets for constructi,
administration. We feel it is only fair that if a time limit
has been established and for some reason it is not met, the
Architect shall be compensated for his time beyond the date
of proposed completion. As you are aware, our fees on this
project are based upon a specific time schedule for
construction and if that time is delayed, we have no recourse
for retrieving the ensuing costs.
16. Paragraph 13.7: The Commencement of Statutory Limitation has
been requested to be eliminated. What inadverdently did not
happen is the City's revision mandating that the Statute of
Limitations be based upon the State Statutes.
This should be added to this agreement.
17.
Paragraph 14.1.1.4:
terminate the contract
interruptions, etc..
;
Indicates that the
if the Owner has
Contractor may
repeated delays,
I would think that this provision is fair and should remain.
These are the
Conditions and
matter 50 that
issues brought forth pertaining to the
we would appreciate your prompt attention
we may proceed with the project.
General
to thi s
Sincerely,
CURRIE SCHNEIDER ASSOCIATES AlA, PA
Larry M. Schneider, AlA
U1S/ jp/rubyrvu. 517
cc: Marylou Strollo
Dutch Bliss
Hank Goldman
July 6, 1989
, .
TO: Old School Square. Inc.
P.O. Box 1897
Oe1ray Beach, Florida 33447
Project No. 89517
We, Stinson-Head. Inc.. a corporation organized under the laws of
the State of Florida, have received documents titled "OLD SCHOOL
SQUARE", which include drawings and project manual. We have
received Addendum No.1 and Addendum No.2, and have included
their provisions in our bid. We have examined the documents and
the site prior to submitting the following Bid.
In submitting this Bid, we agree:
1. To hold our Bid open forty~five (45) days after Bid opening.
2. To accept all provisions of the contract documents,
including drawings and addenda, subject to the attached
qualifications.
3. To""enter into and execute an agreement, if awarded, on the
basis of this Bid and to furnish a performance bond and
labor and material payment bond in the amount of one hundred
percent (100%) of the contract price.
BASE BID:
We will perform all work of this project for the sum of:
,-::? ,,/././ - -;r /' -- __ -G'c'
.)EP'EA' ~'l_d.r....r "c;?,,r;., -/#EE"p" ./A/~L~~--v/ ,Af'~ r/ ("':'"
/'
DOLLARS ( $ -.14-' . >. C7c/
/.,..,.Q (::-'6(". '-'
)
Alternate No. 1
ADD/DEDUCT
$
(;'J. gel.
We will provide the required list of subcontractors that we
intend to have perform principal portions of the work of this
project should our bid be under consideration.
STINSON-HEAD, INC.
1450 S. Dixie Highway
Suite 101
Boca Raton, Florida 33432
By: ~_~. vL9
Thomas A. Head. President
Date:~11
, .
,..
OLD SCHOOL SQUARE
Qualifications to Bid
July 6, 1989
1. In accordance with the Instructions to Bidders, paragraph
6.3.1, a list of subcontractors to be used for this project
will be submitted as soon as practical after notification of
award of the contract.
2. The following subparagraphs of AlA Document A201 shall not
be amended:
2.4.1; 3.6.1; 3.12.9; 4.1.4; 4.3.2; 4.3.3; 4.3.4; 4.3.5;
4.3.6; 4.3.7; 4.3.8; 4.3.8.1; 4.3.8.2; 4.3.9; 4.5.1; 4.5.2;
4.5.3; 4.5.4; 4.5.4.1; 4.5.4.2; 4.5.5; 4.5.6; 4.5.7; 8.3.2;
10.1.4; 13.7; 14.1.1.4.
3. Section 00800, paragraph 3.4.3 "Fifteen days" shall be
changed to "Thirty days".
4. Section 00800, para9raph 3.4.4, omit the second sentence.
5. Section 08800, paragraph 7.3.6, change "subparagraph
7.3.6.1" to "subpara9raph 7.3.10".
6. Section 00800, paragraph 7.3.6.1, change "subparagraph
7.3.6.1" to "subparagraph 7.3.10".
7. Section 06800. paragraph 7.3.6.1.2. change "five percent
(5%)" to "ten percent (10%)".
8. Section 08800, paragraph 7.3.6.1.5, change "subparagraph
7.3.6.1" to "subparagraphs 7.3.6.1 through 7.3.6.5".
9. Section 08800. paragraph 8.2.4. change the first sentence to
read. "The Date of Commencement shall be 10 days after a
Notice to Proceed is issued by the Owner.".
10. Section 08800. para~raph 9.3.1, the third sentence shall be
changed to read "The value of materials stored at the site
is defined as the actual cost of materials".
11. Section 08800, paragraph 12.2.1.1 is excluded in its
entirety.
12. Section 01020. the building signage allowance shall include
all labor and materials.
13. Section 02515, omit references to cast paver stair nosings.
Stairs shall be constructed in accordance with details shown
on drawings.
14. Section 02515, paragraph 3.01.A.1, insert the word "known"
between the word "to" and "existing" in the last sentence.
15. Section 02665. paragraph 3.01.G.1, delete the last three
sentences.
16. Section 06100, paragraph 3.03C, we assume fire stopping is
required at the new walls only.
17. We assume all existing structural conditions are adequate to
accommodate the proposed work, and that no work is required
to repair or replace exposed or hidden structural components
unless specifically shown on contract drawings.
18. Exclude any special provisions for removal and disposal of
hazardous waste materials.
19. This proposal is applicable to Phase 1 work only.
20. Exclude all work relating to the Alternates listed in the
project manual.
21. Exclude the cost of additional fire hydrants which may be
required by governmental agencies.
22. Exclude the cost of relocating FP&L poles. While we do not
believe this work is required, if it is necessary, add a
labor and material allowance of $2,000.00.
23. Exclude the cost of landscape and irrigation maintenance and
restoration. It is our understanding that this work and all
new landscape and irrigation work will be done by others
under a separate contract with the owner.
24. Unit prices reques~d will be supplied should our bid be
under consideration.
25. Exclude any new floor finishes or refinishing of.the .
stairways. f"J'tlvT IZ-lstll-6 - !'Io-rn.-f..1>-1 - Uf'i~. P1'</<--t: L-frr-IOJ'{-'b
26. The Date of Substantial Completion shall be defined as the
date a Certificate of Occupancy or Temporary Certificate of
Occupancy is issued by the City of De1ray Beach.
27. Section 09555, paragraph 1.03, exclude verbage relating to
environmental conditions. It is our understanding that no
" temperature or humidity control will be required when floor
repairs are made by reusing existin9 materials.
28. Section 15800. paragraph 3.01.A. we include 1" fiberglass
ductwork for supply and return air.
29. We have included the following plaster finishes in
classrooms and exhibition rooms:
Walls: 1/4" imperial board laminated to existing walls.
Ceilings: 1/4" imperia1board on furring over wood
joists or existing plaster.
30. Exclude any work relating to the intrusion detection system.
It is our understanding that this work will be performed
under separate contract with the owner.
31. At this time, we believe five calendar months are adequate
for the construction of this project. however. we will
provide a detailed schedule utilizing the input of our
proposed subcontractors should our bid be under
consideration.
32. Include a labor and material allowance of $3.500.00 for the
repair/replacement of outriggers and roof sheathing
(including hoisting, scaffolding, stucco patching, etc.).
33. Include blown insulation in lieu of batt insulation in first
floor ceiling.
-"
34. Exclude cost of meter fees, utility connection and tap fees
and impact fees.
35. Exclude 30-year roofing guarantee. Standard Manufacturer's
9uarantee will be provided.
36.
Exclude copper gutters and downspouts.
specified in the project manual but are
drawings.
.-
We assume the existing wood flooring may
exposing the tongue and groove joints.
These items are
not shown on the
37.
be sanded without
38. Include low voltage wiring sized to meet applicable codes in
lieu of #14 AWG specified in Section 15900.
39. Include alternate cabinet manufacturer.
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MEMORANDUM
TO: Mayor and Commission
FROM: ~cting City Manager
SUBJECT: BOARD OF REALTORS- REAL ESTATE ADVISORY COMMITTEE
DATE: July 28, 1989
Late last month the Mayor and City Manager met with Mr. Michael Plum to
discuss the possibility of establishing a Real Estate Advisory
Committee through the Board of Realtors. The Advisory Committee would
advise and assist the City on real estate matters, including
acquisition and disposition of real property. This item is on your
workshop agenda for discussion and direction.
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Plum Realty~ Ine.
JUL 03 l!:lHY
June 29,1989
LJ I y MAI,huti(~. I)i'FIC(
Mr. Walter Barry
City Manager
City of Delray Beach
100 N.W, 1st Avenue
Delray Beach, FL. 33444
Dear Walt:
Pursuant to the meeting we had this morning with the Mayor, I am
looking forward to the ability to implement some of the ideas discussed
today.
As we discussed the possibilities of a Real Estate Advisory Committee
I discovered that many of the concerns of the real estate community are
real concerns to the city as well.
I welcome the opportunity to work with you on behalf of the Delray
Beach Board of Realtors and feel sincerely we can have a positive impact
in improving the quality of life in our community.
Thanks again for meeting with me and I look forward to hearing from
you soon.
As~n~e/Y:
[/'- ,<:...c
, Michael K. Plum
REALTOR
[H
REALTOR ~
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CITY OF DELRAY BEACH, FLORIDA
SPECIAL AND WORKSHOP MEETING - CITY COMMISSION
August 1, 1989
7:00 P.M.
AGENDA
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearIng, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
ITEM NO. 1 ON TH,E WORKSHOP AGENDA IS AMENDED TO READ:
1. Section 125 Flexible Benefit Program! Cigna Dental Plan- Transfer
Deductions from Credit Union! Dependent Medical Insurance Premiums
(Acting City Manager). Supplemental backup material is attached.
. ,
CITY OF DEIRAY BEACH
100 tI; hi AVENUE
Of l~A V tH: .\C:, .-tORIOA J3444
4011143.1000
HIIMOIWalut
Date:
July 13, 1989
To:
The City Commission
From:
The Selection Committee for Flex and Dental Plans
Subject: Suaested Workshop Topics: Section 125 Flezible Beaefit
Progr_ and Depeade"t Hedic:a1 Preai_.
The Selection Committee consisting of the Assistant City Manag-
er/Management Services Group, Finance Director, Personnel/Labor Rela-
tions Director, Purchasing Director, Budget Director, Assistant City
Attorney, Information Resource Management Director and the Risk Manage-
ment Director, has voted to accept the independent evaluation and
recommendation of the City's Insurance Management Consultant Firm, Siver
Insurance Management Consultants. Siver has reviewed submitted propos-
als and made a selection based on lowest costs and other considerations.
The recommendation is to select American General Group Services Corpo-
ration to administer and coordinate a Section 125 Flexible Benefit
Program which will benefit both the City as employer and the employees
who select to be included in the program.
Basically, the Flex Plan will allow employees to pay for certain defined
benefits with before-tax dollars, thus allowing a discounting of actual
premium paid because they pay no income tax on the benefits. It is
recollllllended that dependent health insurance premiums and group dental
plan premiums should be the two eligible expenses available under the
Flex Plan initially for the sake of simpliCity. At a later date, other
eligible expenses might be considered for inclusion in the Flex Plan.
The City benefits as an employer by paying less in Social Security
Contributions on the gross payroll, and also saves on workers' compen-
sation premiums because of the non-inclusion of that portion of the
payroll affected by the Flex Benefits.
An opportune time for installing the Flex Plan would be October 1, 1989,
when the Group Health Plan dependent coverage will increase from the
present $102.00 per month to $130.00 per month for a dependent unit
which consists of an employee's spouse and all eligible children. The
Flex Plan would lighten the effect of the premium increase by allowing
the payment from before-tax dollars.
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Re: Suqute4 Workshop Topi"
July 13. 1989
Page 2
Tbe dependent rate has not been increased since 1986 and must be raised
because of increased claims costs. Even at the new rate of $130.00 per
month. the City will be charging less than nearby cities in our area
charge. A recent survey is attached to this memorandum for comparison.
JWE/LRG/MR/DHH/SAR/TG/YK/RZ/mca
;)UKVU OF GROUP REALm PLANS
EKPLOYEE CONTRIBUTION FOR DEPENDENT COVERAGE
February I. 1989
Delray Beach $102.00 $ 74.60
Lake Worth $153.76 $ 89.37
Deerfield Beach $166.00 $102.00
Boynton Beach Three plans -- Blue Cross Indemnity $209.72 $133.83
PPO Blue Cross $154.54 $120.50
RHO $153.77 $ 98.57
Boca Raton $260.44 $177.00
Single
Dependent Charge Cost per
Per Month Emp.
JUL 20 '8911:13 AGGIe 2148248515
Pol/!; ,
***** PRlORIlY - PLEASE RUSH *****
FLEX FAX
TRANSMITIAL
Please contact the following person when this transmission is
received:
Lee Graham
Risk Management
City of Delray Beach
214-7150
Total number of pages including transmittal: --.6
American General Telefax Number: (214) 824-8515
Questions regarding this transmission should be directed to:
Larry Garrett at 1-800-950-FLEX (1-800-950-3539).
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PREMIUM CONVERSION AGREEMENT
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CONSULTING SERVICES AGREEMENT
For Flexible Benefit Plan Services
This Agreement made at Dallas, Texas effective the
of 'between
day
(herein referred to as Plan Sponsor) and AMERICAN GENERAL GROUP SERVICES
CORPORATION, a Florida domiciled corporation (herein referred to as the
Consultant), is for the purpose of establishing the rights, duties and
obligations of the various parties involved with the administration
of
(herein referred to as the Plan) and providing means by which the Plan
participants may secure benefits for themselves or their eligible
dependents in conjunction with the cafeteria plan offered by the plan
sponsor. ,
(1) The Consultant will exercise due diligence in assisting the PlaT
Sponsor in the implementation and administration of the Plan and
particularly in the performance of the duties as specified herein.
(2) The Consultant will assist the Plan Sponsor with the plan
design, training of benefits staff, employee communications, and
discrimination testing. The Consultant will provide four hours of onsite
plan design and implementation planning, four hours of onsite training of
benefits staff, a specimen,employee announcement letter, a specimen plan
document, a specimen plan adoption agreement, participation waiver forms,
and discrimination testing guidelines.
SECTION I
DUTIES OF THE CONSULTANT
(3) Under the supervision of the Plan Sponsor and to the extent of
its capability, the ConSUltant will provide guidance in preparing and
filing any report, returns, tax returns or similar papers required by any
state or Federal Government, or Political subdivision or instrumentality
of any of them, pertaining to the operation, management or administration
of the Plan.
(4) The Consultant will pay from its fee all the necessary and
ordinary expenses related to the services described herein, except as
otherwise specifically provided by this Agreement. However, it is
specifically agreed and intended between the parties that the consulting
expenses are only those necessary and attendant to the services described
herein and do not include administration expenses, claim payments,
investment fees, bank fees, attorney fees, or installation costs.
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(5) The Consultant has no power or authority to alter, mOdify or
waive any terms or conditions of the Plan, to waive any breach of any
such terms or conditions, to bind the Plan or to waive any of the Plan's
rights by making any statement or by receiving at any time any notice or
information.
(6) Neither the Consultant nor the Plan Sponsor has any power or
authority to act for or on behalf of the other except as herein express 1
granted and no other or greater power or authority is intended to be
implied by any grant of power or authority specifically mentioned herein
(7) The Consultant will hold and possess as the property of the Plal
all papers, bOOks, files, correspondence and records of all kinds which
at any time come into its possession or under its control relating to th.
services performed by the Consultant for the Plan under this Agreement
and will surrender them to the Plan upon termination of this Agreement 01
upon prior request.
SECTION II
CONSULTING FEES
(1) The Consultant is entitled to a fee for services provided for
under this agreement. A base fee of $3,000 will be paid for the services
described in Section I (2). One half of the base fee is payable upon
execution of this Agreement and one half is payable one month after the
Plan effective date.
(2) Additional fees are payable if additional services are
requested, according to the following schedule:
Senior Consultant
Graphics Design
Communication Specialist
Technical Writers
Printing/Production
$95.00 per hour *
$75.00 per hour
$50.00 per hour *
$35.00 per hour
Cost + 10%
* - Plus reasonable travel and expenses
(3)
minimum
\
The hourly rates stated above are subject to an eight (8) hour
if travel is required.
(4) If fees are not paid within ten (10) days after the Plan
Sponsor's receipt of the Consultant's statement then, at the Consnlb.nt'~_
option, this Agreement will terminate.
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. -- -- -- --
---- -- -- ----
SECTION IV
DUTIES OF THE PLAN SPONSOR
(1) The Plan Sponsor will perform all implementation and
administrative functions necessary for the successfuJ npp~on-of the
Plan except as described herein.
on
and end on
Thereafter, this Agreement may be terminated by either the Plan Sponsor
or the Consultant by having written notice of intention to terminate
delivered or given to the other party, to be effective as of a date set
forth in the written notice not less than ninety (90) days after the date
of such notice. All duties of the Consultant to the Plan Sponsor, the
Plan or participants in the Plan will terminate and be extinguished on
the effective date of termination given in the notice.
(1) The i~itial term of this Consulting Agreement will commence
SECTION V
TERM AND TERMINATION OF THIS AGREEMENT
(2) Upon notice of termination by either party, the Consultant,
within sixty (60) days after the date of termination, will deliver to the
Plan Sponsor, at the expense of the Plan Sponsor, all files, reports and
other papers dealing with the Plan, and all other books and records of
the of the Plan.
SECTION VI
MISCELLANEOUS PROVISIONS
(1) The Plan Sponsor agrees to save and hold the Consultant harmless
from any and all claims, suits, interest and expenses, including
reasonable attorney fees, that the Consultant may sustain or incur
because of any claim or liability arising out of the due and proper
performance by the Consultant of its duties under the Plan or this
Agreement. The Consultant agrees to save and hold the Plan or Plan
Sponsor harmless from any and all claims, suits, interest and expenses,
including reasonable attorney fees, the Plan or Plan Sponsor may sustain
or incur in consequence of any liability occasioned by the ConSUltant's
\gross negligence or misfeasance in connection with the ConSUltant's
services under this Agreement. The ConSUltant will give prompt notice,
in writing, to the Plan Sponsor of any and all claims or suits against
the ConSUltant which relate in any way to this Agreement or the Plan.
(2)
includes
gender.
Where the context of this Agreement requires, the singular
the plural and the maSculine gender includes the feminine
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(3) This Agreement may be amended at any time by mutual consent of
the parties.
(4) Failure by the Plan Sponsor or ConSUltant to insist upon
compliance with any provision of this Agreement at any given time or
under any given set of circumstances will not operate to waive or modify
that prOvision or in any manner render it unenforceable as to any other
time or as to any other occurrence, whether the circumstances are or are
not the same and no waiver of any of the terms or conditions of this
Agreement is valid or of any force or effect unless Contained in a
written memorandum specifically expressing that waiver and signed by a
person duly authorized to sign such waiver.
(5)
Void and
delegate
Sponsor,
Any assignment of this Agreement or of any rights hereunder is
of no force or effect, but the ConSUltant may subcontract or
any of its duties or functions with written approval by the Plar
which approval may not unreasonably be withheld.
(6) If requested by the Plan Sponsor, the Consultant will make
available to the Plan Sponsor or its attorney all of its bOOks, reCords
and documents relevant to the defense of any claim or suit against the
Plan Sponsor, the Plan or the Consultant and will consult with the
attorney for the Plan or the Plan Sponsor as to the payment, compromise,
litigation or appeal of any Such claim or suit.
(7) If any claim or suit relating to the Plan is to be defended or
litigated, the Plan Sponsor has sole responsibility to employ attorneys
to defend or litigate any SUch suit and is responsible for the payment of
all awards that may be rendered.
(8) The rights and obligations of the Plan Sponsor and Consultant
under this Agreement are governed by the Law of the State of Florida.
Attest:
Plan Sponsor
By:
Its
AMERICAN GENERAL GROUP SERVICES
CORPORATION
Attest:
By:
Its
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[Iry DF BElRAY BEACH
l00N.W hi AVENUE
Ot:I.HA'f BEACH, FLOR10AJJ......
4071'24:).7000
IOItIOIWiIllJt
Date: July 13, 1989
To: The City Commission
From: The Selection Committee for Flex and Dental Plans
Subject: Suuested Workshop Topic: Denbal Plan
A group dental insurance plan previously administered by the Credit
Union of Palm Beach will terminate as of 09/31/89 because of the Credit
Union's decision to discontinue providing the plan. Since the majority
of the plan participants are employees of the City of Delray Beach, the
insurance company was contacted to see if the plan could be continued
and administered by the City. CIGNA, the insurer, agreed to allow the
City to take over the program at the same rates currently being charged,
and guaranteed that benefits and rates would remain the same through the
new program year 10/01/89-09/30/90. The monthly rates are as follows:
Single
$14. 80
Single + 1
$25.58
Single + 2
$36.37
Single + 3 or more
$41. 38
The premiums are paid for by employee/dependents through payroll
deductions. There are currently 166 employee participants in the plan
whose coverage can be continued uninterrupted. Additionally, the plan
can be extended to all other City employees who select coverage at their
own expense through payroll deductions. Monthly premiWD deductions
could begin starting September 1st in order to be prepaid one month in
advance.
The Selection Co_ittee recO_ds approval for the implementation of
this program.
JWE/LRG/HR/DMH/SAR/TG/YK/RZ/mca
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