01-22-04 Agenda SpecialCITY COMMISSION
SPEC IALC IMT~EOT~ND~L-TRAYHuBRsEAD~ HAy" ~LOAN~DARAY 22' 2004
6:00 P.M. CITY COMMISSION CHAMBERS 1993
2007
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual
with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or
activity conducted by the City. Contact Doug Randolph at 243-7127, 24 hours prior to the program
or activity in order for the City to reasonably accommodate your request. Adaptive listening devices
are available for meetings m the Commission Chambers.
SPECIAL GENERAL OBLIGATION BOND REFERENDUM
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Jeff Perlman, has
instructed me to announce a Special Meeting of the City Commission to be held for the following
purposes:
(1) RESOLUTION NO. 9-04: Certify the results of the January 20, 2004 Special General
Obligation Bond Referendum.
SPECIAL MEETING AGENDA
(1) CONSENT AGENDA: City Manager Recommends Approval.
CHANGE ORDER NO. 1/D.N. HIGGINS. INC.: Approve Change Order
No. 1 in the amount of $517,754.50 to D.N. Higgins, Inc. for the Seacrest
Neighborhood Improvements Phase IV Project. Funding is available from 334-
3162-541-65.43 (Seacrest Neighborhood Improvements Phase IV), 448-5470-538-
65.43 (Stormwater Utility/Lake Ida Road North), and 442-5178-536-65.03
(Water/Sewer Renewal and Replacement Fund/Seacrest/Del Ida).
SERVII~E AUTHORIZATION NO. 31/DAVID MILLER & ASSOCIATES.
P.A.: Approve Service Authorization No. 31 to David Miller & Associates, P.A. in
the amount of $17,000.00 for consulting services in developing plans and
specifications for construction improvements at Plumosa Park. Funding is available
from 334-6111-572-65.79 (General Construction Fund/Plumosa Park).
SERVICE AUTHORIZATION NO. 20/MATHEWS CONSULTING. INC.:
Approve Service Authorization No. 20 to Mathews Consulting, Inc. in the amount
of $4,702.00 for preparation and submittal of a grant application to the South Florida
Water Management District (SFWMD) under the Alternative Water Resources Grant
Program. Funding is available from 441-5181-536-31.90 (Other Professional
Services).
d. CITY VEHICLE PURCHASES; Approve various bid awards in the amount of
$388,596.00 via the Florida Sheriffs' Association and State of Florida Contracts for
the rephcement of City vehicles. Funding is available from 501-3312-591-64.20
(Central Garage Fund/Automotive).
ANIMAL SERVICES FUNDING AGREEMENT/PALM BF_~CH
COUNTY: Approve a reimbursement funding agreement in the amount of
$10,000.00 between the City and the Palm Beach County Animal Care and Control
Division for the provision of animal services between the period of October 1, 2003
through September 30, 2004.
(2) AUTHORIZATION TO FILE A MOTION FOR REHEARING/APPEAL IN
MCKINNEY v. CITY OF DELRAY BEACH: Consider authorizing the City Attorney's
office to file a motion for reheating and, if necessary, an appeal of the Court's decision in
McKinney v. the City of Delray Beach.
(3) COMMISSION COMMENTS.
Please be advised that if a person decides tO appeal any decision made by the City Commission with
respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record includes the tesrimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
-2- 1-22-2004
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY CLERK ~'
CERTIFY THE RESULTS OF THE RECREATION CENTERS. PARKS AND
CULTURAL FACILITIES GENERAL OBLIGATION BONDS SPECIAL
F.I.ECTION HELD ON JANUARY 20, 2004
DATE:
JANUARY 22, 2004
Presented for your review and approval is Resolution No. 9-04, with respect to the results of the
Bond Referendum of qualified electors of the City held in the City of Delray Beach, Florida, on
January 20, 2004, indicating the results of said referendum.
QUESTION 1
NEW NEIGHBORHOOD PARKS, SOCCER COMPLEX AND
EXISTING PARKS IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of up to three new neighborhood parks, a soccer
complex, and improvements to certain existing parks throughout the City and all
costs incidental thereto, not exceeding $9,000,000, bearing interest at not exceeding
the legal rate, maturing not later than 20 years from the date of issuance, payable
from the City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by said
qualified electors residing in the City that voted "For Bonds" for the New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects
was 2312.
(b) The total number of votes cast in such Referendum by said
qualified electors residing in the City that voted "Against Bonds" for the New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects
was 1.274.
(c) A majority of the votes cast in such Referendum by such
qn,lified electors in the City approve issuance of the Bonds submitted at such
Referendum for the New Neighborhood Parks, Soccer Complex and Existing
Parks Improvement Projects.
Motion
Approve the total votes for Ballot Question No. 1, and that it is hereby declared,
based upon the above and foregoing results, that Ballot Question One passed.
QUESTION 2
RECREATION CENTERS PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of a new recreation center in the City's Western Area
and to improve and equip certain existing recreational centers, and all costs
incidental thereto, not exceeding $7,000,000 bearing interest at not exceeding the
legal rate, maturing not later than 20 years from the date of issuance, payable from
the City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by said
qualified electors residing in the City that voted "For Bonds" for the Recreation
Centers Projects was 2.184.
(b) The total number of votes cast in such Referendum by said
qualified electors residing in the City that voted "Against Bonds" for the
Recreation Center Projects was 1.403.
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City approve of the issuance of the Bonds submitted at
such Referendum for the Recreation Centers Projects.
Motion
Approve the total votes for Ballot Question No. 2, and that it is hereby declared,
based upon the above and foregoing results, that Ballot Question Two
QUESTION 3
OLD SCHOOL SQUARE
IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to expand Old School Square
by acquiring land, constructing a parking garage to free up existing parking for a
downtown park, for other capital improvements and all costs incidental thereto,
not exceeding $7,000,000, bearing interest at not exceeding the legal rate, maturing
not later than 20 years from the date of issuance, payable from the City's ad
valorem taxes?
(a) The total number of votes cast in such Referendum by said
qualified electors residing in the City that voted "For Bonds" for the Old School
Square Improvements Projects was 2.437.
(b) The total number of votes cast in such Referendum by said
qualified electors residing in the City that voted "Against Bonds" for the Old
School Square Improvements Projects was
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City approve of the issuance of the Bonds submitted at
such Referendum for the Old School Square Improvements Projects.
Motion
Approve the total votes for Ballot Question No. 3, and that it is hereby declared,
based upon the above and foregoing results, that Ballot Question Three passed.
QUESTION 4
NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT
Shall the City issue general obligation bonds to finance the cost of certain
furnishings and fixtures for the new library within the City and all costs incidental
thereto, not exceeding $1,000,000, bearing interest at not exceeding the legal rate,
maturing not later than 20 years from the date of issuance, payable from the City's
ad valorem taxes?
(a) The total number of votes cast in such Referendum by said
qualified electors residing in the City that voted "For Bonds" for the New Libra~
Furnishings and Fixtures Project was 2.602.
(b) The total number of votes cast in such Referendum by said
qu~!ified electors residing in the City that voted "Against Bonds" for the New
Library Furnishings and Fixtures Project was
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City approve of the issuance of the Bonds submitted at
such Referendum for the New Library Furnishings and Fixtures Project.
Motion
Approve the total votes for Ballot Question No. 4, and that it is hereby declared,
based upon the above and foregoing results, that Ballot Question Four passed.
Motion
Adopt Resolution No. 9-04 including Exhibit "A" as presented.
RESOLUTION NO. 9-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, WITH RESPECT TO
THE RESULTS OF THE BOND REFERENDUM OF THE
QUALIFIED ELECTORS OF THE CITY HELD IN THE
CITY OF DI~.I.RAY BEACH, FLORIDA, ON JANUARY 20,
2004, ON THE QUESTION OF WHETHER THE CITY
SHOULD ISSUE GENERAL OBLIGATION BONDS FOR
THE PURPOSE OF FINANCING (1) LAND ACQUISITION,
CONSTRUCTION AND EQUIPPING OF UP TO THREE
NEW NEIGHBORI-IOOD PARKS, A SOCCER COMPLEX,
AND IMPROVEMENTS TO CERTAIN EXISTING PARKS
IN THE PRINCIPAL AMOUNT NOT EXCEEDING
$9,000,000, (2) LAND ACQUISITION, CONSTRUCTION
AND EQUIPPING OF A NEW RECREATION CENTER IN
THE CITY'S WESTERN AREA, AND THE IMPROVEMENT
AND EQUIPPING OF CERTAIN EXISTING
RECREATIONAL CENTERS IN THE PRINCIPAL AMOUNT
NOT EXCEEDING $7,000,000, (3) THE EXPANSION OF
OLD SCHOOL SQUARE BY ACQUIRING LAND AND
CONSTRUCTING A PARKING GARAGE TO FREE UP
LAND FOR A DOWNTOWN PARK IN THE PRINCIPAL
AMOUNT NOT EXCEEDING $7,000,000, AND (4) THE
COST OF FURNISHINGS AND FIXTURES FOR THE NEW
LIBRARY IN THE PRINCIPAL AMOUNT NOT
EXCEEDING $1,000,000; CANVASSING THE RETURNS OF
SAID REFERENDUM AND DECLARING AND
CERTIFYING THE RESULTS THEREOF; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, (the
"Commission"), by Resolution No. 72-03, duly adopted on October 21, 2003 (the "Resolution"),
did propose the issuance of general obligation bonds of the City of Dekay Beach, Florida, (the
"City") in the aggregate principal amount not exceeding $24,000,000 (the "Bonds"), and pursuant to
such Resolution, the Commission ordered a Bond Referendum (the "Referendum"), to be held on
January 20, 2004, for the purpose of placing before the qualified electors of the City for their
approval or disapproval the question of whether the City should issue the Bonds to finance the
following projects, which Bonds, with respect to each of the projects, may be issued in an amount
not exceeding the aggregate principal amount hereinafter set forth following that project: New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects----S9,000,000;
Recreation Centers Projects---S7,000,000; Old School Square Improvement Projects---S7,000,000;
New Library Furnishings and Fixtures Project---S1,000,000, as such projects (collectively the
"PROJECTS") are more fully described and defined in the Resolution, such Bonds bearing interest
at the rate or rates not exceeding the maximum rate permitted by law, said Resolution having further
provided and directed that notice of said Referendum is given by publication in accordance with
state law, City Charter and City ordinance; and
WHEREAS, due and regnhr notice of said Referendum has been published in the Boca
Raton News, Delray Beach Edition, and El Latmo Semanai Inc. newspaper of general circulation
within the City and said publications having been made in English and in Spanish respectively, each
once in the fifth week prior to the week in which the Referendum was held, at least 30 days prior to
January 20, 2004 and in the third week and seven days prior to the date the Referendum was held, to
wit: January 20, 2004; and
WHEREAS, the Supervisor of Elections of Palm Beach County has provided the
Commission with the results of the Referendum for the purpose of canvassing the returns and
declaring and certifying the results thereofi and
WHEREAS, said Referendum has been duly and properly held in accordance with law and
that a copy of the certificate certifying the results of the Referendum to the Florida Department of
State (in substantially the form attached hereto as Exhibit "A"), has been delivered to this
Commission for the purpose of declaring and certifying the results thereof; and
WHEREAS, the official returns of said Referendum delivered to this Commission by the
Supervisor of Elections reflect that the total numbers of votes cast in the Referendum by the
qualified electors residing in the City approve the issuance of Bonds for the New Neighborhood
Parks, Soccer Complex and Existing Parks Improvement Projects in the aggregate principal amount
not exceeding $9,000,000; approve the issuance of Bonds for Recreation Center Projects in the
aggregate principal mount not exceeding $7,000,000; approve the issuance of Bonds for Old
School Square Improvement Projects in the aggregate principal amount of $7,000,000; and approve
the issuance of Bonds for new Library Furnishings and Fixtures Project in the aggregate principal
amount not exceeding $1,000,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DI~J.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Commission at this meeting duly held, having received the results from
the Supervisor of Elections, hereby canvasses the returns of said Referendum and determines, finds,
declares and certifies the results thereof with respect to the Projects as follows:
2 RES. NO. 9-04
QUESTION 1
NEW NEIGHBORHOOD PARKS, SOCCER COMPLEX AND
EXISTING PARKS IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of up to three new neighborhood parks, a soccer
complex, and improvements to certain existing parks throughout the City and all
costs incidental thereto, not exceeding $9,000,000, bearing interest at not
exceeding the legal rate, maturing not later than 20 years from the date of
issuance, payable from the City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects
was 2.312.
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the C~ty that voted "Against Bonds" for the
New Neighborhood Parks, Soccer Complex and Existing Parks Improvement
Proiects was 1.274.
(c) A maiority of the votes cast in such Referendum by such
qualified electors in the City approve of the issuance of the Bonds submitted at
such Referendum for the New Neighborhood Parks, Soccer Complex and
Existing Parks Improvement Proiects.
QUESTION 2
RECREATION CENTERS PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of a new recreation center in the City's Western Area
and to improve and equip certain existing recreational centers, and all costs
incidental thereto, not exceeding $7,000,000 bearing interest at not exceeding the
legal rate, maturing not later than 20 years from the date of issuance, payable
from the City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the
Recreation Centers Projects was 2.184.
3 RES. NO. %04
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the
Recreation Center Projects was 1.403.
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City approve of the issuance of the Bonds submitted at
such Referendum for the Recreation Centers Projects.
QUESTION 3
OLD SCHOOL SQUARE
IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to expand Old School Square
by acquiring land, constructing a parking garage to free up existing parking for a
downtown park, for other capital improvements and all costs incidental thereto,
not exceeding $7,000,000, bearing interest at not exceeding the legal rate,
maturing not later than 20 years from the date of issuance, payable from the
City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the Old
School Square Improvements Projects was 2.437.
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the Old
School Square Improvements Projects was 1.172.
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City approve of the issuance of the Bonds submitted at
such Referendum for the Old School Square Improvements Projects.
4 RES. NO. 9-04
QUESTION 4
NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT
Shall the City issue general obligation bonds to finance the cost of certain
furnishings and fixtures for the new library within the City and all costs incidental
thereto, not exceeding $1,000,000, bearing interest at not exceeding the legal rate,
maturing not later than 20 years from the date of issuance, payable from the
City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the New
Library Furnishings and Fixtures Project was 2.602.
The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the
New Library Furnishings and Fixtures Project was 1,019.
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City approve of the issuance of the Bonds submitted at
such Referendum for the New Library Furnishings and Fixtures Project.
Section 2. That said Referendum was in all respects conducted in accordance
with law, and that all steps in connection with and preceding such Referendum have been
duly, regularly, lawfully taken and that the statutes and constitution of the State of
Florida, the City Charter and City ordinances have been duly complied with in
accordance with all their provisions.
Section 3. That a true and correct copy of the certified results shall be filed
by the Commission with the Florida Depairment of State in substantially the form
attained hereto as Exhibit "A" (the "Certificate") and that the Commission shall secure
an affidavit of publication from the publishers of the Boca Raton News, Delray Beach
Edition, and El Latino Semanal Inc. attesting to the publications of the notice of the
Referendum (the "Affidavit").
Section 4. That said returns shall be entered and recorded in the minutes of
the Commission; and this Resolution, the Affidavit and Certificate shall be recorded in
the minutes of the Commission.
Section 5. All resolutions or parts thereof in conflict or inconsistent herewith
are hereby repealed insofar as any conflict or any inconsistencies exists.
5 RES. NO. 9-04
Section 6. That this Resolution shall take effect mediately upon its
adoption.
PASSED AND ADOPTED in special session on this 22nd day of January, 2004.
CITY OF DELRAY BEACH, FLORIDA
ATI'EST:
MAYOR
City Clerk
6 RES. NO. %04
EXHIBIT "A"
CERTIFICATE OF CITY CANVASSING BOARD
CITY OF DELRAY BEACH, FLORIDA
BOND REFERENDUM
JANUARY 20, 2004
STATE OF FLORIDA
PALM BEACH COUNTY
Pursuant to the requirements of Section 100.351 of the Florida Statutes, we, the
undersigned, Jon Levinson, Vice Mayor of the City of Delray Beach, Pat Archer, City
Commissioner, Alberta McCarthy, City Commissioner, do hereby certify that on the 22n~ day of
January, A.D., 2004, we canvassed the votes as shown by the records on file m the Office of the
Supervisor of Elections. WE do hereby certify from said returns as follows:
That for the City of Delray Beach, Florida, Bond Referendum, the whole number of votes
cast was 3,670 votes of which number the City electors voted in the following manner in connection
with the general obligation bonds for each of the Projects listed below.
NEW NEIGHBORHOOD PARKS, SOCCER COMPLEX AND
EXISTING PARKS IMPROVEMENT PROJECTS
"For Approval" received
"Against Approval" received
2.312 Votes
L274 Votes
RECREATION CENTERS PROJECTS
"For Approval" received
"Against Approval" received
2.184 Votes
1.403 Votes
OLD SCHOOL SQUARE IMPROVEMENT PROJECTS
"For Approval" received 2.437 Votes
"Against Approval" received 1.172 Votes
NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT
"For Approval" received 2.602 Votes
"Against Approval" received 1.019 Votes
Wimess our hands and seal this the 22nd day of January, 2004.
Jon Levinson, Vice Mayor
Pat Archer, City Commissioner
Alberta McCarthy, City Commissioner
CITY JIF nELRrlqF BEflCH
CITY ATTORNEY'S OFFICE
DELRAY BEACH
TO:
200 NW 1st AVENUE * DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 - FACSIMILE 561/278~4755
Writer's Direct Une: 561/243-7091
,MEMORANDUM
January 12, 2004
David T. Harden, City Manager
FROM: Susan A. Ruby, City Attomey
SUBJECT: Resolution Certifying the Results of the January 20, 2004 GO Bond
Referendum
I have prepared a resolution to be used after the vote on the bond issue which
certifies and declares the results of the election to be held on January 20, 2004.
Exhibit A to the resolution is a certification provided pursuant to Fla. Stat.
S 100.351, which requires that the "election officials" of the City certify the results to
the Department of State, which shall enter the results in the official records to be
held on file in the Office of the Department of State.
In addition, Exhibit A should also include the voting information obtained by the
City from the Supervisor of Elections and the affidavit and advertisements as to
t h e_p_u blic. a_ ~ti_o~n S_ r~q_ _u i_red by_la~w.
Please call if you have any questions.
Attachment
RESOLUTION NO. 9-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELKAY BEACH, FLORIDA, WITH RESPECT TO
THE RESULTS OF THE BOND REFERENDUM OF THE
QUALIFIED ELECTORS OF THE CITY HELD IN THE
CITY OF DELRAY BEACH, FLORIDA, ON JANUARY 20,
2004, ON THE QUESTION OF WHETHER THE CITY
SHOULD ISSUE GENERAL OBLIGATION BONDS FOR
THE PURPOSE OF FINANCING (1) LAND ACQUISITION,
CONSTRUCTION AND EQUIPPING OF UP TO THREE
NEW NEIGHBORHOOD PARKS, A SOCCER COMPLEX,
AND IMPROVEMENTS TO CERTAIN EXISTING PARKS
IN THE PRINCIPAL AMOUNT NOT EXCEEDING
$9,000,000, (2) LAND ACQUISITION, CONSTRUCTION
AND EQUIPPING OF A NEW RECREATION CENTER IN
THE CITY'S WESTERN AREA, AND THE IMPROVEMENT
AND EQUIPPING OF CERTAIN EXISTING
RECREATIONAL CENTERS IN THE PRINCIPAL AMOUNT
NOT EXCEEDING $7,000,000, 0) THE EXPANSION OF
OLD SCHOOL SQUARE BY ACQUIRING LAND AND
CONSTRUCTING A PARKING GARAGE TO FREE UP
LAND FOR A DOWNTOWN PARK IN THE PRINCIPAL
AMOUNT NOT EXCEEDING $7,000,000, AND (4) THE
COST OF FURNISHINGS AND FIXTURES FOR THE NEW
LIBRARY IN THE PRINCIPAL AMOUNT NOT
EXCEEDING $1,000,000; CANVASSING THE RETURNS OF
SAID REFERENDUM AND DECLARING AND
CERTIFYING THE RESULTS THEREOF; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, (the
"Commission"), by Resolution No. 72-03, duly adopted on October 21, 2003 (the "Resolution"),
did propose the issuance of general obligation bonds of the City of Delray Beach, Florida, (the
"City") in the aggregate principal amount not exceeding $24,000,000 (the "Bonds"), and pursuant to
such Resolution, the Commission ordered a Bond Referendum (the "Referendum"), to be held on
January 20, 2004, for the purpose of placing before the qualified electors of the City for their
approval or disapproval the question of whether the City should issue the Bonds to finance the
following projects, which Bonds, with respect to each of the projects, may be issued in an amount
not exceeding the aggregate principal amount hereinafter set forth following that project: New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects----S9,000,000;
Recreation Centers Projects---S7,000,000; Old School Square Improvement Projects---S7,000,000;
New Library Furnishings and Fixtures Project---S1,000,000, as such projects (collectively the
"PROJECTS") are more fully described and defined in the Resolution, such Bonds bearing interest
at the rate or rates not exceeding the maximum rate permitted by law, said Resolution having further
provided and directed that notice of said Referendum is given by publication in accordance with
state law, City Charter and City ordinance; and
WHEREAS, due and regular notice of said Referendum has been published in the Boca
Raton News, Delray Beach Edition, and El Latino newspapers of general circulation within the City
and said publications having been made in English and in Spanish respectively, each once in the fifth
week prior to the week in which the Referendum was held, at least 30 days prior to January 20, 2004
and in the third week and seven days prior to the date the Referendum was held, to wit: January 20,
2004; and
WHEREAS, the Supervisor of Elections of Palm Beach County has provided the
Commission with the results of the Referendum for the purpose of canvassing the returns and
declaring and certifying the results thereof; and
WHEREAS, said Referendum has been duly and properly held in accordance with law and
that a copy of the certificate certifying the results of the Referendum to the Florida Department of
State (in substantially the form attached hereto as Exhibit "A"), has been delivered to this
Commission for the purpose of declaring and certifying the results thereof; and
WHEREAS, the official returns of said Referendum delivered to this Commission by the
Supervisor of Elections reflect that the total numbers of votes cast in the Referendum by the
qualified electors residing in the City the issuance of Bonds for the New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects in the aggregate
principal amount not exceeding $9,000,000; the issuance of Bonds for
Recreation Center Projects in the aggregate principal amount not exceeding $7,000,000;
the issuance of Bonds for Old School Square Improvement Projects in
the aggregate principal amount of $7,000,000; and the issuance of Bonds
for new Library Furnishings and Fixture Project in the aggregate principal amount not exceeding
$1,000,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BE. ACH, FLORIDA, AS FOLLOWS:
Section 1. That the Commission at this meeting duly held, having received the results fxom
the Supervisor of Elections, hereby canvases the returns of said Referendum and determines, finds,
declares and certifies the results thereof with respect to the Projects as follows:
2 R_ES. NO. 9-04
QUESTION !
NEW NEIGHBORHOOD PARKS, SOCCER COMPLEX AND
EXISTING PARKS IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of up to three new neighborhood parks, a soccer
complex, and improvements to certain existing parks throughout the City and all
costs incidental thereto, not exceeding $9,000,000, beating interest at not
exceeding the legal rate, maturing not later than 20 years from the date of
issuance, payable from the City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects
was
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the
New Neighborhood Parks, Soccer Complex and Existing Parks Improvement
Projects was
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City of the issuance of the Bonds
submitted at such Referendum for the New Neighborhood Parks, Soccer
Complex and Existing Parks Improvement Projects.
QUESTION 2
RECRlq.&TION CENTERS PROJECTS
Shall the City issue general obligation bonds to finance land acqui~ztion,
construction and equipping of a new recreation center in the City's Western Area
and to improve and equip certain existing recreational centers, and all costs
incidental thereto, not exceeding $7,000,000 beating interest at not exceeding the
legal rate, maturing not later than 20 years from the date of issuance, payable
from the City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the
Recreation Centers Projects was
RES. NO. 9-04
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the
Recreation Center Projects was
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City of the issuance of the Bonds
submitted at such Referendum for the Recreation Centers Projects.
QUESTION 3
OLD SCHOOL SQUARE
IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to expand Old School Square
by acquiring land, constructing a parking garage to free up existing parking for a
downtown park, for other capital improvements and all costs incidental thereto,
not exceeding $7,000,000, bearing interest at not exceeding the legal rate,
maturing not later than 20 years from the date of issuance, payable from the
City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the Old
School Square Improvements Projects was
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "Against Bonds" for the Old
School Square Improvements Projects was
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City of the issuance of the Bonds
submitted at such Referendum for the Old School Square Improvements
Projects.
4 RES. NO. 9-04
QUESTION 4
NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT
Shall the City issue general obligation bonds to finance the cost of certain
furnishings and fixtures for the new library within the City and all costs incidental
thereto, not exceeding $1,000,000, bearing interest at not exceeding the legal rate,
maturing not later than 20 years from the date of issuance, payable from the
City's ad valorem taxes?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted "For Bonds" for the New
Library Furnishings and Fixtures Projects was
(b) The total number of votes cast in such Referendum by
said qualified dectors residing in the City that voted "Against Bonds" for the
New Library Furnishings and Fixtures Projects was
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City of the issuance of the Bonds
submitted at such Referendum for the New Library Furnishings and Fixtures
Projects.
Section 2. That said Referendum was in all respects conducted in accordance
with law, and that all steps in connection with and preceding such Referendum have been
duly, regularly, lawfully taken and that the statutes and constitution of the State of
Florida, the City Charter and City ordinances have been duly complied with in
accordance with all their provisions.
Section 3. That a true and correct copy of the certified results shall be filed
by the Commission with the Florida Department of State in substantially the form
attained hereto as Exhibit "A" (the "Certificate") and that the Commission shall secure
an affidavit of publication from the publishers of the Boca Raton News, Delray Beach
Edition, and El Latino attesting to the publications of the notice of the Referendum (the
"Affidavit").
~ction 4. That said returns shall be entered and recorded in the minutes of
the Commission; and this Resolution, the Affidavit and Certificate shall be recorded in
the minutes of the Commission.
Section 5. All resolutions or parts thereof in conflict or inconsistent herewith
are hereby repealed insofar as any conflict or any inconsistencies exists.
5 RES. NO. 9-04
Section 6.
adoption.
That this Resolution shall take effect immediately upon its
PASSED AND ADOPTED in regular session on this __ day of
2004.
CITY OF DELRAY BEACH, FLORIDA
ATr~ST:
MAYOR
City Clerk
6 RES. NO. 9-04
EXHIBIT
CERTIFICATE OF CITY CANVASSING BOARD
CITY OF DELRAY BEACH, FLORIDA
BOND REFERENDUM
JANUARY 20, 2004
STATE OF FLORIDA
PALM BEACH COUNTY
Pursuant to the requirements of Section 100.351 of the Florida Statutes, we, the
undersigned, Jeff Perlman, Mayor of the City of Delray Beach, Florida, Jon Levinson, City
Commissioner, Pat Archer, City Commissioner, Alberta McCarthy, City Commissioner, Bob Costin,
City Commissioner, do hereby certify that on the __ day of January, A.D., 2004, we canvassed
the votes as shown by the records on file m the Office of the Supervisor of Elections. WE do
hereby certify from said returns as follows:
That for the City of Delray Beach, Florida, Bond Referendum, the whole number of votes
cast was votes of which number the City electors voted in the following manner in
connection with the general obligation bonds for each of the Projects listed below.
NEW NEIGHBORHOOD PARKS, SOCCER COMPLEX AND
EXISTING PARKS IMPROVEMENT PROJECTS
"For Approval" received
"Against Approval" received
VOteS
Votes
RECRE&TION CENTERS PROJECTS
"For Approval" received
"Against Approval" received
Votes
Votes
OLD SCHOOL SQUARE IMPROVEMENT PROJECTS
"For Approval" received Votes
"Against Approval" received Votes
NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT
"For Approval" received Votes
"Against Approval" received Votes
day of January, 2004.
Mayor
Member, City Commission
Member, City Commission
Member, City Commission
Member, City Commission
Witness our hands and seal this the
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM $$ ~}~-~- - SPECIAL MEETING OF JANUARY 22. 2004
CHANGE ORDER NO. 1/D.N. HIGGINS. INC.
JANUARY 16, 2004
This is before the City Commission to approve Change Order No. 1 in the net add mount of
$517,754.50 to D. N. Higgins, Inc. for the Seacrest Neighborhood Improvements Phase IV Project.
Funding is available from 334-3162-541-65.43 (Seacrest Neighborhood Improvements Phase IV),
448-5470-538-65.43 (Stormwater Utility/Lake Ida Road North), and 442-5178-536-65.03
(Water/Sewer Renewal and Replacement Fund/Seacrest/Del Ida)
Recommend approval of Change Order No. 1 in the amount of $517,754.50 to D.N. Higgins, Inc. for
the Seacrest Neighborhood Improvements Phase IV Project.
&\City Clerk\agenda rnemo~\Change Order. D.N. Higgms. Seacrest.01.2Z 04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
David Harden, City Manager
Victor Majten , Cy~onstruction Manager
www.mydelraybeach.corn
SEACREST NEIGHBORHOOD IMPROVEMENTS, PHASE IV (P/N 2002-040)
Agenda Request, Change Order # 1 to D.N. Higgins, Inc.
January 12, 2004
Attached for Commission approval is an agenda request for Change Order #1 to D.N. Higgins, Inc. on the Seacrest
Neighborhood Improvements Phase IV project, PN 02-040. It is for various water main and sanitary sewer main
improvements, modifications to existing divided roadway medians, and construction of new divided roadway medians.
Change Order #1 is a net add amount of $517,754.50.
A list of items with a brief description of each is presented below.
Project Related Changes
CO1.01
Demolition of the concrete base supports on a previously abandoned and demolished water tower in
the area designated for constructed of a new retention pond. The concrete supports were much
greater than indicated on plans. This is for a negotiated amount of $6,500.00.
CO1.03
Installation of approximately 615LF of S" DIP Water Main on NE 20th Street. During construction,
the existing 6" water main on NE 20th Street was discovered to be of asbestos containing material.
This work includes upgrading the main and abandoning-in-place the existing main. The cost of this
work will be covered under the contract's unit prices, approximately $112,040.10.
CO1.04
Installation of approximately 238LF of 8" PVC Sanitary Sewer Main extension on NE 22n~l Lane.
At time of contract bid and award, the City had not acquired the proper easements for placement of
this sewer main through the western properties. As there was no unit prices to extend, the cost of
this work is a negotiated amount of 40,432.40.
CO1.05
Installation of Type "F" curb. Modify the header curb at 15 existing divided medians to Type "F"
curb, approximately 110LF. The completion of this work will reduce the damage to sod on outside
corners due to vehicular off-track. This also is a negotiated amount, approximately $31,470.00.
CO1.06
Installation of 13 Divided Roadways and 2 Brick Speed Tables. In July 8, 2003, City Commission
approved for consideration the construction of 13 divided roadway medians at an approximate cost
of $21,000.00 plus a landscaping and irrigation allowance of $3,000.00, for each median
S:~EngAdminh°roj ects~2002~002-040\CONSTRCT~co. 1 Higgins memo 01.22.04.doc
Page 1 of 2
constructed, for a total of $312,000.00. The construction of 2 brick speed tables is $7656.00 each,
for a total of $15,312.
Funding is available from the following accounts:
370-3162-541-65.43
448-5470-538-65.43 Storm Water Utility, Lake Ida Road North
442-5178-536-65.03 Water/Sewer R&R, Seacrest-Del Ida
Total
$358,782.00 (al~er budget transfer)
$6,500.00 (after budget transfer)
$152,472.50 (al~er budget transfer)
$517,754.50
CC:
Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep, Dir. of Construction
Carolanne Kucmerowski; City Clerk's Office
Agenda File 01/12/04
Project File 02-0040(A)
S:~EngAdminXProjects~2002~2002-040\CONSTRCTXco. 1 Higgins memo 01.22.04.doc
Page 2 of 2
CHANGE NO.
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
1 PROJECT NO. 02-040 DATE:
Seacrest Neighborhood Improvements, Phase IV
D.N. Higgins, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER 42.5%
TOTAL PER CENT DECREASE TO DATE 42.5 %
TOTAL CONTRACT TiME WILL BE INCREASE BY 177 DAYS, TO 01 JUN04.
$1,217,297.25
$0.00
$1,217,297.25
$517,754.50
$1,735,051.75
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
D.N. Higgins, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account 370-3162-541-85.43 ($358,782.00), 448-5470-538-65.43 ($6,500.00), 442-5178-536-65.03
(152,472.50)
DEPARTMENT
FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
APPROVED:
for Environmental Services
Mayor
ATTEST:
By:
City Attorney City Clerk
SSEngAdmin~Projects~2002~.002-040\CONSTRCT~CO1 Higgigns doc -01.22.04.doc
Mr. Costin moved to approve the agreement for funding and acceptance of funds
between the City of Delray Beach and the Delray Beach Housing Authority for the period
October 1, 2002 through September 30, 2003, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.A. CONTRACT ADDITION NO. 1/DOUGLAS N. HIGGINS~ INC.: Approve
Contract Addition No. 1 to the Seacrest Neighborhood Improvements Phase IV Project in the
approximate amount of $229,500.00 to Douglas N. Higgins, Inc. for ten (10) additional splitter
islands. Funding is available from 334-6111-519-63.89 (Neighborhood Enhancements).
Randal Krejacrek, City Engineer, stated this item is to request a modification to
the current Traffic Calming Plan in the Seacrest Del-Ida Plan and to request a commitment to
funding of these modifications to the Plan. In March 1998, the Commission adopted the Seacrest
Del-Ida Neighborhood Plan which shows the traffic calming element of the overall Plan. Mr.
Krejcarek stated after discussions with the neighborhood, they decided to go with the splitter
islands at each end of the block from N.E. 9th Street to N.E. 13th Street instead of the speed
humps. Mr. Krejcarek stated afier recent discussions with the neighborhood representative came
to the conclusion to modify the 4th Phase. Mr. Krejcarek stated staffrecommends the addition of
ten (10) of the splitter islands be installed and remove three (3) of the speed humps that were
proposed on N.E. 17th Street, N.E. 18th Street, and N.E. 19th Street between Seacrest and North
Swinton Avenue because splitter islands will be installed instead. Mr. Krejcarek stated three of
the streets do not go through to connect Swinton Avenue and Seacrest Boulevard but the
Association would like to have splitter islands installed for esthetic consistency. Therefore, Mr.
Krejcarek stated the total number of splitter islands that are being requested by the association is
thirteen (13).
The City Manager stated the current unencumbered balance in the Neighborhood
Enhancement Fund is $330,766.00. The initial budget for the Seacrest Del-Ida Project has been
exhausted. Therefore, the City Manager stated if the city wishes to do these splitter islands
another funding source would need to be used to pay for them.
Brief discussion by staff and the Commission followed.
Mr. Costin moved to approve the Contract Addition for the addition of 13 splitter
islands totaling approximately $299,500, funding to come from the Neighborhood Enhancement
Fund, the additional three (3) to cost approximately $70,000, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.B. SPECIAL EVENT REQUEST & RESOLUTION NO. 43-03/ROOTS
CULTURAL FESTIVAL: Consider a request for special event approval to allow the 26t"
Annual Roots Cultural Festival to be held between August 8th and August 10, 2003, and approve
Resolution No. 43-03 in support of the event.
The caption of Resolution No. 43-03 is as follows:
-8-
0~0~03
AGENDA REQUEST
Agenda Item No.~---'~.'L o....
Date: January 12, 2004
Request to be placed on:
X
__ Regular Agenda
Special Agenda
__ Workshop Agenda
When: January 22, 2003
Description of item (who, what, where, how much): Approve net add Change Order #1 in the
amount of $517,754.50 to D.N. Higgins, Inc. on the Seacrest Neighborhood Improvements, Phase IV
project (PIN 2002-040). The changes consist of various water main and sanitary sewer main
improvements, modifications to existing divided roadway medians, and construction of new divided
roadway medians. All changes for the project are itemized on the attached Schedule A to Change Order
#1.
Funding is available from the following accounts: 3~e,-3162-541-65.4 ~3J~ ' --
Ik~,,~n), 448-5470-538-65.43 (Storm Water Utility, Lake Ida Road Nodh), and 442-5178-536-65.03
(Water/Sewer R&R, Seacrest- Del Ida).
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff reco~nds the City Commission approve Change Order #1/
Department head signature: ~?-J-,--.Se¢.~ ~.. ',/,Y.J ~ /-/5 -o~
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: YES/NO ~¢c,__..;..c ~--~ ,~; ,~., ~
Cit~y MaFUnding alternatives (if applicable): ~ -3~,-,~,:..~
Account No. & Description See Above ~,
Account Balance /-~-,:5-~z?~?-~-~$~-d~.5-~..~,-
nager Review: ~ ... ~ '/ '1
Approved for agenda: ~$/NO ~l
Hold Until: ~
[A~enda Goordinator
~Re~ived: ~
Placed on Agenda: __
A~ion: .
Approved/Disapproved
S:~EngAdrnin\Projects~2002~2002-040\CONSTRCT~CO1 Higgins agda req -01.22.04.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM $$~4, ,~o - SPECIAL MEETING OF_JANUARY 22. 2004
SERVICE AUTHORIZATION #31/DAVID MILLER & ASSOCIATES. P.A.
JANUARY 16, 2004
This is before the City Commission to approve Service Authorization #31 with David Miller &
Associates, P.A. in the mount of $17,000.00 for consulting services in developing plans and
specifications for construction improvements at Plumosa Park.
Funding is available from 334-6111-572-65.79 (General Construction Fund/Plumosa Park)
Recommend approval of Service Authorization $$31 with David Miller & Associates, P.A. in the
mount of $17,000.00 for consulting services in developing plans and specifications for construction
improvements at Plumosa Park.
S:\City Clerk\agenda merr~ \ServiceAurh.#31 David Milk, r.O 1.22.04
'City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
www.mydelraybeach, cotn
David Harden, C!~/~ager
Victor Majtenyf, Construction Manager
PLUMOSA PARK BALL FIELD IMPROVEMENTS (P/N 2003-061)
Agenda Request; Service Authorization #31 to David Miller and Associates
January 12, 2004
Attached for Commission approval is a Service Authorization for consulting services in
developing construction documents for the improvements to Plumosa Park Ball Field. The design
incorporates modifying the existing field to comply with little league standards with new dugouts,
batters boxes, and fencing at the ball field, repairs to the existing pedestrian pathways within the
park, new park irrigation system, and re-sodding of the entire park. The FY '03-'04 CIP estimated
budgeted for this project at $225,000.00.
Service Authorization #31 to David Miller and Associates, P.A., is for a total of $17,000.00. It
includes services for preliminary design, cost estimates, final design, and contract documents
(lump sum $12,000); construction administration (hourly not to exceed $4,500); and reimbursable
expenses (not to exceed $500). A copy of the Service Authorization is attached for your review.
Staff recommends execution of Service Authorization #31 to David Miller & Associates, P.A.,
in the amount of $17,000.00, for consulting services in developing plans and specifications for the
construction of improvements at Plumosa Park (PN 2003-061). Funding is available from 334-
6111-572-65.79, General Construction Fund/Plumosa Park.
cc:
Richard Hasko, P.E.; Director of Environmental Services
Randal Krejcarek, P.E.; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
Joe Weldon; Director of Parks and Recreation
Carelanne Kucmerowski; City Clerks Office
Agenda file; 01/22/04
Project File; 2003-061(A)
S:~EngAdmin~Projects~2003X2003-06 I\CONTKACTXAgda Memo DMA 31 01.22.04.doc
CONSULTiNG SERVICE AUTHORIZATION
DATE: CITY PROJECT NO. ~t90.g -- O~ /
SERVICE AUTHORIZATION NO. 31 FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE
TITLE: Plumosa Park
Sports Field Modifications
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the Contract, dated February, 1996 between the City of Delray Beach and David Miller &
Associates, P.A.
I. PROJECT DESCRIPTION
The Project includes preparation of construction and bid documents as well as
construction administration for improvements to the existing sports fields at Plumosa
Park. The improvements will include replacement of the ball field and fencing as well as
new sod and irrigation systems. Baseball field layouts will follow little league
requirements. Covered dugout design will be included. Landscape and irrigation design
are included. The scope of services includes Phases I through V.
II. SCOPE OF SERVICES
The following scope of services is developed in accordance with the Standard Agreement
for Architectural Services.
Phase I through V - Included in this Service Authorization
The specific portions of service include full architectural and standard engineering, as
wo~l as landscape and irrigation design.
III. BUDGET
Phases I - III
These phases of service are to be provided on a lump sum basis of twelve-thousand
($12,000.00) dollars. The services include:
Irrigation Design
Landscape Design
Architectural and Engineering Design
$3,850.00
$2,350.00
$5,800.00
Phases IV and V
These phases of service are to be provided on an hourly basis at the rates outlined in
Schedule B of the Agreement (copy attached) up to four-thousand five hundred
($4,500.00) dollars which would not be exceeded without prior written authorization.
R ;tmbursable expenses will not exceed five htmdred ($500.00) dollars without prior
written authorization.
IV.
COMPLETION DATE
Completion of Phases I - III within 90 days of acceptance by the City.
This service authorization is approved contingent upon the City's acceptance of and satisfaction
with the completion of the services rendered in the previous phase or as encompassed by the
previous service authorization. If the City in its sole discretion is unsatisfied with the services
provided in the previous phase or service authorization, the City may terminate the contract
without incurring any further liability. The CONSULTANT may not commence work on any
service authorization approved by the City to be included as part of the contract without a further
notice to proceed.
Approved by:
CITY OF DELRAY BEACH:
David Miller & Associates, P.A.
Date
David Harden
City Manager
Date
David R. Miller, President
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
The following instrument was acknowledged
before me this day of ,2003 by
David R. Miller of David Miller & Associates,
P.A. a Florida Corporation, on behalf of the
corporation. He is personally known to me and
did not take an oath.
Signature of Person Taking Acknowledgment
Signature of Acknowledger (typed,printed,or
stamped)
Exhibit B
Professionals
Architect
Principal
Project Manager
Architect I
Architect II
Interior Design
CADD Operator
Clerical
Engineers - Civil
Principal
Project Manager
Project Engineer
Designer
CAD Drafter
Manual Drafter
Clerical
PLS
Survey Tech
Field Crew (3 man)
Field Inspector
Engineers - Structural (#1)
Principal
Project Manager
Project Engineer
C~O Operator
Engineers - Structural (#2)
Principal
Project Manager
Designer
Draftsman
Engineers - MEP (#1)
Principal
Project Engineer
CAD Drafting
Clerical
Engineers - MEP (#2)
Principal
Engineer
Designer
CADD Operators
Clerical
Landscape Architects
Principal
Senior Landscape Architect
Computer & Professional
Drafting/Support Staff
Hourly Raw
Salary Rates
$ 46.67
$ 35.00
$ 28.33
$ 23.33
$ 20.00
$18.33
$ 9.17
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Hourly Raw Salary Rates
Times 3.00 Multiplier
$150.00
$125.00
$100.00
$ 85.00
$ 75.00
$ 65.00
$ 35.00
125.00
; 90.00
; 65.00
; 60.00
; 55.00
; 45.00
; 35.00
; 80.00
; 70.00
110.00
; 55.00
$150.00
$120.00
$ 80.00
$ 60.00
$100.00
$ 90.00
$ 75.00
$ 60.00
$150.00
$ 90.00
$ 70.00
$ 45.00
$ 95.00
$ 95.00
$ 50.00
$ 50.00
$ 25.00
$125.00
$100.00
$ 85.00
$ 60.00
Agenda Item
AGENDA REQUEST
Date: January 12, 2004
Request to be placed on:
X
__ Regular Agenda
Special Agenda
__ Workshop Agenda
When: January 22, 2004
Description of item (who, what, where, how much): Service Authorization #31 to David Miller &
Associates, P.A. in the amount of $17,000.00 for consulting services in developing plans and construction
documents for the improvements to Plumosa Park. The improvements include modifying the existing field
to comply with little league standards with new dugouts, batters boxes, and fencing at the ball field, repairs
to the existing pedestrian pathways within the park, new park irrigation system, and re-sodding of the
entire park.
Funding is from 334-6111-572-65.79, General Construction Fund/Plumosa Park.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the City Commission approve Service Authorization #31 to
David Miller & Associates, P.A.,,Ja'-~e amoj~t of $17,000.00
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re, gJ.~r~ on all items involving expenditure of funds):
Funding available: (YES/~)IO __ _
Funding alternative'~-(if applicable):
Account No. & Description 334-6111-572-65.79; Gen Constr. Fund/Plumosa Park
Account Balance ,~ ~1, '//)~ ¢,~ ,~ ~! 15 I O~
City Manager Review: ,~ ' ~'
Approved for agenda: ~2~/l~lO [?/wi
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin~Projects~003~O03-061\CONTRACT~Agnd Req DMA 31, 01.22,04,doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~/L~
AGENDA ITEM #~:~,~., SPECIAL MEETING OF JANUARY 22. 2004
SERVICE AUTHORIZATION #20/MATHEWS CONSULTING. INC.
JANUARY 16, 2004
This is before the City Commission to approve Service Authorization #20 with Mathews Consulting,
Inc. in the amount of $4,702.00 for preparation and submittal of a grant application to the South
Florida Water Management District (SI%VMD) under the Alternative Water Resources Grant
Program.
Funding is awil,ble from 441-5181-536-31.90 (Other Professional Services)
Recommend approval of Service Authorization #20 with Mathews Consulting, Inc. for preparation
and submittal of a grant application to the South Florida Water Management District (SFXgrMD)
under the Alternative Water Resources Grant Program.
,~ \City Clerk\agenda mem~\ Ser~iceAuth.# 20Mathews.01.2Z04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
TO:
FROM:
SUBJECT:
DATE:
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director
ALTERNATIVE WATER RESOURCE GRANT (~
January 13, 2004
www. mydelraybeach.com
Attached is a Service Authorization to Mathews Consulting for consulting services regarding
application to the South Florida Water Management District (SFWMD) for an Alternative Water
Resource Grant for supplemental funding of the City's Reclaimed Water Transmission System
construction. This SFWMD grant program is on an annual cycle, and offers 50% matching grants up
to $300,000 for projects that develop alternative water resources.
The proposed fee for the described services is $4,702.00 with funding available in Connection Fees
account//441-5181-536-31.90, Other Professional Services, after transfer. Please place this item on
the January 22nd agenda for consideration by City Commission.
CCi
C. Danvers Beatty, P.E., Deputy Director of Public Utilities
Joe Safford, Director of Finance
CII'Y OF DELRAY BEACI:i
CONSUl, TING SERVICE AUTI~OI~W.&TION
DATE:
SERVICE AUTHORIZATION NO.
CITY P.O. NO.
CITY PROJECT NO.
20 FOR CONSULTING SERVICES
CITY EXPENSE CODE:
MATHEWS CONSULT. PROIECT NO.
TITLE: Alternative Water Sunolv Fundina Grant Atrolication
This Service Authorization, when executed, shall be incorporated in and shall become an integral
p',m of the Contract.
ltrLE: A~eement for General qor~sulting Engineer. rig Services
It,
II.
PROJECT DESCRIPTION
The project oonsists of preparation and submittal of the South Florida Water Management
District Aliemative Water Supply Funding Program grant application on behalf of the
City of Delray Beach. The application will be made in order to receive funding for the
City's reclaimed water program, sl~ecifically for the Area i reclaimed water main project.
SCOPE OF SERVICES
Phase I - Study and Report .Phase
Conaaltant shall prepare the funding application in accordance with the SFWMD
requirements. It is anticipated the application will comist of the following
compoucllt$:
a. Transmittal Letter - Comultant will draft letter for City to finalize on City'
letterhead.
b. Applicatiot: Form
Detailed Project Description and Scope of Wonk - Consultant shall prepare
project description a,~d figu~ras as required to present a detailed scope of work.
The Project Description will include introduction, scope, work breakdown
SW 12thAve/SW11 l]~.kve/SW3rdSt01 i 13/0d 1 M A T'I't'RWg CONS I.:L TI~'G
3mn 19 04 09~Olm ~m~h~ms Consul~in[, Ino. [~$1) M?$-7954 ~.)
structure, location of proj~l and deliverable schedule as required by
SFW'MD.
d. Funding Proposal
e. Criteria Checklist
f. Readhxess and Cost Estimate
g. Permit Applications
Consultant shall provide one (1) draf~ copy of the application to the City for
review ~qd comment, City comments will be incorporated into the final
application. Up to 12 copies of the application shall be prepared for submittal to
SFWMD.
Phsse H - Prelfmiusary Deslim Phase
Not .Applicable.
Plmse IH - MuM Desisn Phase
Not Applicable.
P~ase IV - Bidding/Negotiation Phase
Not Applicable.
[*Ii#sC V - Construction Administration Phase
Not Applicable.
ASSUMPTIONS
Work described herein is based upon the assumptions listed below. If conditions differ from
those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise
City in writir, g of the magnitude of the reqMred adjustments. Changes in completion schedule or
compensation to Consultant will be n¢§otiated with City.
City will provide'Consultant with doc:maentation required to be supplied by the applicant,
including, but not limited to:
Proof of requirem,-nt of reclaimed water hookup by appropriate new facilities.
Commitment to match minimum to 50% of gonstracfion costs.
sw ! 2thAve/SW11 thAve/SW3rdSl01/I]/~t 2 MtTH~IVS CONSULTING
Letter from planning authority that project is consistent with comprehensive plan.
ADDITIONAL SERVICES
Consultant shall provide additional ~ginc,mng services relating to the provision of sanitary,
water, drainage, reclaimed water and roadway improvements to the proj~t area that are not
covered urder this Service Authorization. These additional services may be required due to
,~certain:ics discovered during survey, soils, investigations, field verification of existing
facilities and conditions, and potential prop~y or easem~t acquisitions.
Services performed under '.his task will be on as-directed basis in accordance with a written
Notic~to-Pwcced from the City M~ager. Thc No~icc-to-Proc¢cd issu~ shall contain thc
following information and requirements.
· A detailed description of the work to be undertaken.
· A budsct establishing the amount of the fee to I~ paid in a~cordance with the
Agreement,
· ^ time established ,.'or completion of the work.
IH. TIME OF PERFORMANCE
The completion dares for this work w~ll be as follows (sulning at written notice-to-proceed).
Englneerin~ Services
Time ~er Ptmse
Cmnul~tive Time
Phase t -- Study and Report 60 days
60 days
IV. COMPENSATION
The compensafio~ for sexvices provided shall be billed on ar. hourly basis plus reimbursable
expenses for ea:h ph~.se of work m accordance w~th Amcle VIl, Method H, up to the following
not tc ,;xceed cost for each phase.
En~ineerin£ Se~m~c_~_
Estimated Fees
Phase I - S~.ud¥ and R~rpo~ Phas~
0u~ of Packet Expenses
$4,5~.00
$ 200.00
TOTAL PRO,IECT COST
$4,702.00
(l)G'ut-of. Pocker Exper. se.~ include :he folloWtng: printlng/reprgdttctivn and po$1age.
SW 12tltAve;SW 1 I. thA.,:e!$W3rdSt01/l .~/04 3 MATHHWS CONSUL'HN G
This Service Authorization is approved contingent upon the City's acceptance of and satisfaction
of the completion of the services rendered in the previous phase whereas encompassed by the
previous Service Authorization. If the City in its sole discretion is unsatisfied with the services
provided in the prw;ioua phase or Service Authorization. the City may ten, ainate the contract
withoul incumng any further liability. The Consultant may not commence work on and Service
Authorization approved by the City to be included as p',a't o£ the contract without any further
notice to proceed,
Approve by:
CITY OF DELRAY BEACH:
MATKEWS CONSULTING, INC,
Datc:
JeffP~rlman, Mayor
Rane L. Mathews, P.E,, Prosidem
Witness
Attest:
Approved as to L~gal Sufficiency
and Form
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was
acknowledged bo.Core me this day
of ,2004 by David Mathews,
Vice President of Math~ws
Cousulrlug, Inc., a FlorMa
coq~ration, on behalf of the
corporation. He/She ia (personally
known to me) or (has produced
identification), Florida Driver's
License
and (did/did uot) take an oath.
Signature ofpsrson taking
acknowledgement
SW 12Ch,Av,WS W t I thAv~;S-W3rdStO 1/13,'04 4 MATHEW8 CONSULTFNG
Agenda Item No.:~{~l~
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
Date: January 13, 2004
When: January 22, 2004
Description of item (who, what, where, how much): Staff requests City Commission approval of a
Service Authorization to Mathews Consulting in the amount of $4,702 for preparation and
submittal of a grant application to the South Florida Water Manaqement District under the
Alternative Water Resources Grant Proqram. This is an annual 50% matching grant program with
a maximum $300,000 award for projects that implement development of alternative water
resources. The funding is sought to supplement cost for construction of the City's reclaimed
water transmission system. Fundinq is available in Connection Fees Account #441-5181-536-
31.90, Other Professional Services, after transfer.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/N_.~O
Recommendation: Staff recgmmend approlal of proposal from Mathews Consultinq.
Department head signature: ~.~-~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (r,c:j~d on. ,alJ?e. ms [nyp_lv.'Lng e,xp,en.~tu_re~ of Synods):. ,,
Funding available( YES/.,,NO
Funding altemativ[~-''~. .(if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
ApprovedHold Until:f°r agenda: ~/NO ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
PUBLIC WORKS
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David T. Harden, City Manager
Wi!!i~m E. Darty, Fleet Superintendent
~Robert Barcinski, Assistant City Manager
January 16, 2004
q;ITY COMMISSION MEETING JANUARY 22, 2004
BID AWARD - REPLACEMENT VEHICLES
Action
City Commission is requested to approve bid awards for replacement o£ City vehicles per staff
recommendation. Funding is available in account 501-3312-591-64~0 (Vehicle Replacement).
City vehicle replacements are requested on an annual basis due to age, mileage, repair costs, or a
combination of the above. Attachment "A" is a proposed list of the vehicles being recommended for
replacement this fiscal year.
Recommendation
Staff recommends various bid awards from the Florida Sheriff Association Contract, as specified in
Attachment "B" and from the State of Flo~/da Contract Attachment "C". The unit costs include
various options and extended warranties on all vehicles. Not included are some option items that we
will acquire from other vendors not available on these contracts. The total of the recommended
purchases is $388,596.00. Additional vehicles will be proposed for replacement at future meetings.
Funding is available from the FY03-04 budget in City Garage Account gt501-3312-591-64.20.
Attachments (2)
Fil~: ag~ada memo.replac~mencvehicle~,01.2Z04
City of Delray Beach
Proposed Vehicle Replacement Listing
FY 03-04
Attachment "B"
Florida Sheriffs Association
_ine New Vehicle ' Item
~ ! Description Vendor Make !Model Cost Total Cost
3 4X4 combination FSA SPEC #29 John Deere 310G combination 47,607 47,607
~ 5 Passenger !FSA SPEC #16 Ford I E-350 club wagon 20,886; 68,493
7 3/4 Ton Utility Trk FSA SPEC #20 Chevrolet Silverado 2500 ! 20,546 89,039
8 3/4 Ton Utility Trk ;FSA SPEC #20 Chevrolet Silverado 2500 20,346i 109,385
, 9 Police intei-~i~r [FSA~PEC#1 i1:o~ Crow~Vic Pu~ui~ ' 29,41~--~;~9~
10 Police Intercepter FSA SPEC #1 Ford Crown Vic Pursuit i 29,086 167,882
11 Police Intercepter FSA SPEC #1 Ford Crown Vic Pursuit 29,086 196,968
~ 12 Police Intercepter FSA SPEC #1 Ford Crown Vic Pu(su!t .29,086 226,054
13 4 Door Compact FSA SPEC #5 Chevrolet Cavalier 11,835 237,889
14 4 Door Sedan FSA SPEC #4 Ford Taurus 13,870 251,759
1/16/04
City of Delray Beach
Proposed Vehicle Replacement Listing
FY 03-04
Attachment "C"
State Contract
New Vehicle ~ lltem
Description Vendor i Make Model ~Coat !Total Coat
Dump Truck State 070700450 Sterling LT9500 12 yard i 74,462 74,462
Skid Steer Loader State 760460100 New Holland LS 180 ' 19,454 93,916
Tractor State 760960100 John Deere 210LE 28,078 121,994
Tractor State 765900021 John Deere 4610 14,843 136,837
1/16/04
Menlo
To: David Harden, City Manager . ./,-)
From= Lula Butler, Community Improvement Director
Date: January 15, 2004 ~
Re: Approval of the Animal Services Agreement from Palm Beach County
ITEM BEFORE THE COMMISSION:
City Commission approval of the Animal Services Agreement between the City and Palm Beach County
for a 1 -year grant in the amount of $10,000 to reimburse the City for animal control expenses.
BACKGROUND:
The City submitted an application for reimbursement of ceKain animal cont~'ol related expenses to Palm
Beach County in October 2003. The City received formal notice of reimbursement funding in the
amount of $10,000 on December 22, 2003 as noted in the attached transmittal letter from Palm Beach
County.
RECOMMENDATION:
St~f is recommending City Commission approval of the Animal Services Contract between the City and
Palm Beach County accepting the $10,000 grant for the pedod of October 1, 2003 through
September 30, 2004.
LB:mh
Department of Public Safety
Division of Animal Care and Control
7100 Belvedere Road
West Palm Beach. FL 33411
(561) 233-1200
FAX: (561) 233-1234
www pbcgov comlpubsafety/animal
Palm Beach County
Board of County
Commissioners
Tony Masilotct, Vice Chairman
Jeff Koons
Mary McCarty
Addle L Greene
County Administrator
Robert Weisman
'An Equal Opportunity
Afflrmanve Action Employer"
December 22, 2003
City of Delray Beach
100 NW 1~ Avenue
Delray Beach, Florida 33444
Dear Friends:
I am pleased to inform you that the Palm Beach County Board
of County Commissioners has approved your organization for
reimbursement funding in the amount of $10,000 (Ten thousand dollars).
This funding may be u~ed for reimbursements for the approved services
of Fieid Response, Medical Examinations, Spay/Neuter plus Microchip,
Rabies Vaccination and County License and Tag, and for Sheltering
with a five-day limit.
Your organization may begin to submit invoices for services
which have been provided beginning October 1, 2003 and ending
September 30, 2004. Proper documentation must be provided to ensure
verification.
I hope that this funding will assis~ your organization with the
valuable services which you provide within our community. Should you
have any questions or comments, please call.
Organ/zations awarded funding may apply immediately upon
notification of their awarded amount. Reimbursements will be issued
upon documentation submittal and will continue until the awarded
amount has been utilized.
Sincerely,
Palm Beach County Animal Care and Control
cc: Paul Milelli
Jacquie Sembric
ANIMAL SERVICES CONTRACT
FOR
PALM BEACH COUNTY ANIMAL CARE AND CONTROL DIVISION
WEST PALM BEACH, FLOR]DA
This Contract is made as of the .day of~, , by and between
The City of Delray Beach (hereinafter referred to as AGENCY), that is a political
subdivision of the State of Florida, by and through its Division of Animal Care and Control on
behalf of the Board of County Commissioners, hereinafter referred to as the COUNTY, for the
provision of animal services.
WHEREAS, the COUNTY provides various animal services; and
WHEREAS, the AGENCY is able to provide said services for compensation.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
COUNTY and the AGENCY agree as follows:
ARTICLE 1 - ANIMAL SERVICES
The AGENCY's responsibility under this agreement is to provide animal services, as more
specifically set forth in the Application and Scope of Work detailed in Exhibit "A". The
Agency shall provide animal services during the period October I, 2003 through September 30,
2004.
ARTICLE 2 - REIMBURSEMENT RATES FOR SERVICES
The COUNTY may reimburse the AGENCY for services the AGENCY provided hereunder
within the geographical boundaries of Palm Beach County at the following rates:
A. FIELD OFFICER RESPONSE:
The rate for providing AGENCY response to calls from the public to pick-
up stray or confined animals within Palm Beach County and take the
animal to the AGENCY's Palm Beach County shelter: Rate per Response:
$25.00
B. ADOPTION MEDICAL and CLINIC SERVICES:
The rate for nroviding soaring or neutering, micro-chiooiw,, rabies
inoculation and COUNTY rabies tag of an animal being oreoared for
adoption to a Palm Beach County resident adopter: Rate per Complete
Procedure: $110.00 (Note: Spay or neutering performed by the Palm Beach
County Spay Shuttle are not eligible for reimbursement.)
2. The rate for the AGENCY'S routine adoption medical exam of an animal to
be adopted by a Palm Beach County resident: $50.00
C. KENNEL/SHELTERING:
The daily per-diem cost to house and feed stray or "owner relinquished"
animals from Palm Beach County for up to five (5) days: $5/day/animal
Invoices documenting the AGENCY's reimbursement request may be submitted to
Animal Care and Control monthly. The AGENCY shall receive no additional
compensation for performance under this Contract except as provided for herein and
under no circumstances shall the total value of all combined services exceed
$ 10,000. (Ten thousand dollars}
Final Invoice: hr order for both parties herein to close their books and records, the
1
Final Invoice: In order for both parties herein to close their books and records, the
AGENCY will clearly state "final invoice" on the AGENCY'S final/last billing to the
COUI'UfY within fifteen (15) days of the end of the agreement period. This certifies
that all services have been properly performed and all charges and costs have been
invoiced to Palm Beach County. Since this account will thereupon be closed, any and
other further charges, if not properly included on this final invoice, are waived by the
AGENCY
The COUNTY's representative will review invoices received from the AGENCY
pursuant to the agreement. If the invoice has been determined to be in conformity with
the agreement, it will be approved by the COUNTY's representative and then sent to the
Finance Department for payment. Invoices will normally be paid within thirty (30)
days following the COUNTY representatives' approval.
The COUNTY shall not be obligated to provide the AGENCY with any fringe benefits.
The COUNTY shall not be obligated to withhold U.S. income tax, withholding or social
security tax, unemployment, or worker's compensation payments, and any similar
withholdings. It is expressly understood that the AGENCY is not entitled to participate
in the State Retirement Program.
ARTICLE 3 - MINIMUM REQUIRED DOCUMENTATION
The services described below are only applicable for the reimbursement request submitted by
the AGENCY in Article 2 above that occur or are generated from within Palm Beach County.
The AGENCY shall use reimbursement forms provided by the COUNTY or AGENCY forms
approved by the COUNTY. By submitting a request for reimbursement, the AGENCY agrees
to be governed by the laws of the State of Florida and the COUNTY which pertain to the
treatment, care, and sheltering of animals.
A. FIELD OFFICER RESPONSE
The AGENCY shall respond to all requests for the pick up of stray or confined animals
within the geographical boundaries of the AGENCY's normal working areas within
Palm Beach County. For each Field Officer Response that will be reimbursed~ as a
minimum requiremeoh the AGENCY shall submit documents that record: the
date and time the request for response was received by the AGENCY; the name~
phone number~ and address of the person making the request; the location of the
pick up of the animali a description of the animal~ including its species~ markings~
sex~ any identifying markings, tattoos, ID tags~ collars~ and any other AGENCY
specific numbering or logging of the animal; and verification that the animal was
checked against the COUNTY's "lose/found" database.
B. ADOPTION MEDICAL AND CLINICAL SERVICES
Animals being adopted from the AGENCY shall be spayed or neutered before the
animal is released to the adopter. A State of Florida licensed veterinarian shall perform
the spaying or neutering procedure. For each spay or neuter that will be reimbursed~
as a minimum, the AGENCY shall submit documents that record: the name of the
veterinarian and his/her State of Florida veterinary license number~ the procedure
performed; the specific AGENCY generated identification name or number given
to the animal being spayed or neutered~ ~ae Ital:eh or control number and name of
the manufacturer of the rabies vaccine given to the animal; the manufacturers
name and specific unit number of the implanted micro-chip in the animal; the
name and Palm Beach County address of the adopter; and the Palm Beach County
rabies tag number issued for the animal.
Animals available for adoption shall receive a medical evaluatiom For each initial
medical examination that will be reimbursed~ as a minimum, the AGENCY shall
submit documents that record: the specific AGENCY generated identification
name or number given to the animal being evaluated; the name of the person
performing the evaluation; a listing of the procedures performed and their
2
findings~ if any~ and a schedule of medications or treatments as a response to the
diagnostic findinus.
C. KENNEL/SHELTERING
The AGENCY shall kennel or shelter animals generated from within Palm Beach
County according to the minimum criteria established by the COUNTY. For each
animal that the AGENCY will be reimbursed, the AGENCY, at a minimum, shall
submit documents that record: the specific AGENCY generated identification
name or number given to the animal being provided shelter[ the date the animal
entered the shelteG and the date the animal left the shelter or is still at the shelter
after a five (5) day holding period.
ARTICLE 4 - PERSONNEL
The AGENCY represents that it has, or will secure at its own expense, all necessary personnel
required to perform the services under this agreement. The AGENCY shall submit the names
of such personnel who are employees of, or have any contractual relationship with, the
COUNTY prior to the execution of this agreement. The COUNTY shall determine the extent
of any conflict of interest with the personnel prior to the execution of this agreement.
The AGENCY shall assure that all of the services performed and required herein shall be
performed by the AGENCY or by personnel under its supervision. All personnel engaged in
performing the services shall be fully qualified and, if required, authorized or permitted under
state and local law to perform such services.
The AGENCY warrants that all of the services provided by, or on its behalf, pursuant to the
Agreement will be performed with reasonable care, skill and diligence in accordance with
generally and currently accepted professional principles and practices for similar services.
ARTICLE 5 - AVAILABILITY OF FUNDS
The COUNTY's performance and obligation to pay under this agrcament is contingent upon an
annual appropriation for its purpose by the Board of County Commissioners.
ARTICLE 6- INSURANCE
AGENCY shall, at its sole expense, agree to mimtain in full force end effect at all times
during the life of this Contract, insurance coverage and limits (including endorsements),
as described herein. The requirements contained herein, as well as COUNTY'S review
or acceptance of insurance maintained by AGENCY are not intended to and shall not in
any manner limit or qualify the liabilities and obligations assumed by AGENCY under
the contract. The COUNTY may approve different coverages and limits if requested by
the AGENCY prior to execution of the contract.
Commercial General Liability The COUNTY requests the AGENCY maintain
Commercial General Liability at a limit of liability not less than $500,000 Each
Occurrence. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted in writing by County's Risk Management
Department. AGENCY shall provide tl~rs ~¢o~,erage:on a p~maD, basis. The COUNTY
may approve different coverage and limits if requested by the AGENCY prior to
execution of the contract.
Business Automobile Liability The COUNTY requests the AGENCY maintain
Business Automobile Liability at a limit of liability not less than $500,000 Each
Occurrence for all owned, non-owned and hired automobiles. In the event AGENCY
doesn't own any automobiles, the Business Auto Liability requirement shall be
amended allowing AGENCY to agree to maintain only Hired & Non-Owned Auto
Liability. This mended requirement may be satisfied by way of endorsement to the
Commercial General Liability, or separate Business Auto coverage form. AGENCY
3
shall provide this coverage on a primary basis. The COUNTY may approve different
coverage and limits if rcquested by the AGENCY prior to execution of the contract.
Worker's Compensation Insurance & Employers Liability AGENCY shall maintain
Worker's Compensation & Employers Liability in accordance with Florida Statute
Chapter 440. AGENCY shall provide this coverage on a primary basis.
Additional Insured AGENCY shall endorse the COUNTY as an Additional Insured
with a CG 2026 Additional Insured - Designated Person or Organization endorsement,
or its equivalent, to the Commercial General Liability. The Additional Insured
endorsement shall read "Palm Beach County Board of County Commissioners, a
Political Subdivision of the State of Florida, its Officers, Employees and Agents."
AGENCY shall provide the Additional Insured endorsements coverage on a primary
basis.
Waiver of Subroeation AGENCY hereby waives any and all rights of Subrogation
against the County, its officers, employees and agents for each required policy. When
required by the insurer, or should a policy condition not permit an insured to enter into a
pre-loss agreement to waive subrogation without an endorsement, then AGENCY shall
agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer
of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation
requirement shall not apply to any policy, which a condition to the policy specifically
prohibits such an endorsement, or voids coverage should AGENCY enter into such an
agreement on a pre-loss basis.
Certificate(s) of Insurance Prior to execution of this Contract, AGENCY shall
deliver to the COUNTY a Certificate(s) of Insurance evidencing that all types and
amounts of insurance coverage reqtglred by this Contract have been obtained and are in
full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty
(30) day endeavor to notify due to cancellation or non-renewal of coverage.
Umbrella or Excess Liability If necessary, AGENCY may satisfy the minimum
limits required above for either Commercial General Liability, Business Auto Liability,
and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella
or Excess Liability shall have an Aggregate limit not less than the highest "Each
Occurrence" limit for either Commercial General Liability, Business Auto Liability, or
Employer's Liability. The COUNTY shall be specifically endorsed as an "Additional
Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes
the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis.
Right to Review COUNTY, by and through its Risk Management Department, in
cooperation with the contracting/monitoring department, reserves the right to review,
modify, reject or accept any required policies of insurance, including limits, coverage,
or endorsements, herein fi.om time to time throughout the term of this Contract.
COUNTY reserves the right, but not the obligation, to review and reject any insurer
providing coverage because of its poor financial condition or failure to operate legally.
ARTICLE 7- INDEMNIFICATION
AGENCY shall fully indemnify and save harmless, COUNTY, its officers and employees, and
each and every one of them, fi.om and ag~fmst all actions, damages, costs, liability, claims,
losses, judgments, penalties and expenses of every type and description, including, but not
limited to, any fees and/or costs reasonably incurred by COUNTY'S staff attorneys or outside
attorneys and any fees and expenses incurred in enforcing this provision (hereat~er collectively
referred to as "liabilities"), to which any or all of them may be subjected, as a direct or indirect
result of any personal injury or property damage arising from any negligent act or omission or
willful misconduct of AGENCY, its officers, employees, SUB-AGENCY'S, subcontractors or
agents in connection with the performance or nonperformance of the Agreement, whether or
not such liabilities are litigated, settled or reduced to judgment. AGENCY shall, upon
4
COIJNTY'S request, defend at AGENCY's sole cost any action, claim, suit, cause of action or
portion thereof which asserts or alleges liabilities resulting directly or indirectly from any
personal injury or property damage arising from any negligent act or omission or willful
misconduct of AGENCY, its officers, employees, SUB-AGENCY'S, subcontractors or agents
in connection with the performance or nonperformance of the Agreement, whether such action,
claim, suit, cause of action or portion thereof is well founded or not. In the event that a final
decision or judgment allocates liability by determining that any portion of damages awarded is
attributable to the COUNTY'S negligence or willful misconduct, the COUNTY shall pay the
portion of damages that is allocated to the COUNTY'S negligence or willful misconduct. The
existence or acceptance by COUNTY of any of the insurance policies or coverage described in
the Agreement shall not affect any rights COUNTY may have under this Article. The
provisions of this Article shall survive any termination of the Agreement. Nothing herein shall
be considered to be a waiver of sovereign immunity, nor an agreement to alter the limits of
liability that are set forth in s. 768.28, Florida Statutes.
ARTICLE 8 - SUCCESSORS AND ASSIGNS
The COUNTY and the AGENCY each binds itself and its partners, successors, executors,
administrators and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the COUNTY nor the AGENCY shall assign, sublet,
convey or transfer its interest in this Contract without the written consent of the other, except
that the AGENCY may assign his/her right to receive paymant. Nothing herein shall be
construed as creating any personal liability on the part of any officer or agent of the COUNTY
which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder
to anyone other than the COLrNTY and the AGENCY.
ARTICLE 9 - REMEDIES
This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or rcmaedy hereunder shall preclude any
other or further exercise thereof.
ARTICLE 10 - CONFLICT OF INTEREST
The AGENCY represents that he/she presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance or s~rvices
required hereunder, or as provided for in Florida Statute 112.311. The AGENCY further
represents that no person having any interest shall be employed for said performance.
The AGENCY shall promptly notify the COUNTY'S representative, in writing by certified
mail, of all potential conflicts of interest for any prospective business association, interest or
other circumstance which may influence or appear to influence the AGENCY'S judgment or
quality of services being provided hereunder. Such written notification shall identify the
prospective business association, interest or circumstance, the nature of work that the
AGENCY ma), undertake and request an opinion of the COUNTY, as to ~vhether the
association, interest or circumstance would, in the opinion of the COUNTY constitute a
conflict of interest if entered into by the AGENCY. The COUNTY agrees to notify the
AGENCY of his/her opinion by certified mall within thirty (30) days of receipt of notification
by the AGENCY. If, in the opinion of the COUNTY, the prospective business association,
interest or circumstance would not constitute a conflict of interest by the AGENCY, the
COUNTY shall so state in the notification and the AGENCY shall, at his/her option, enter into
said association, interest or circumstance and he/she shall be deemed not in conflict of interest
with respect to services provided to the COUNTY by the AGENCY under the terms of this
Contract.
ARTICLE 11 o DISCLOSURE AND OWNERSHIP OF DOCUMENTS
The AGENCY shall deliver to the COUNTY'S representative for approval and acceptance, and
before being eligible for final payment of any amounts due, all documents and materials
prepared by and for the COUNTY under this Contract.
All written and omi information not in the public domain or not previously known, and all
information and data obtained, developed, or supplied by the COLrNTY or at its expense will
be kept confidential by the AGENCY and will not be disclosed to any other party, directly or
indirectly, without the COUNTY'S prior written consent unless required by a lawful order. All
drawings, maps, sketches, programs, data base, reports and other data developed, or purchased,
under this Contract for or at the COUNTY'S expense shall be and remain the COUNTY'S
property and may be reproduced and reused at the discretion of the COUNTY.
The COUNTY and the AGENCY shall comply with the provisions of Chapter 119, Florida
Statute (Public Records Law).
All covenants, agreements, representations and warranties made heroin, or othcn'~vise made in
writing by any party pursuant hereto, including but not limited to any representations made
herein relating to disclosure or ownership of documents, shall survive the execution and
delivery of this Contract and the consummation of the transactions contemplated hereby.
ARTICLE 12 - INDEPENDENT CONTRACTOR RELATIONSHIP
The AGENCY is, and shall be, in the performance of all work services and activities under this
Contract, an Independent Contractor, and not an employee, agent, or servant of the COUNTY.
All persons engaged in any of the work or services performed pursuant to this Contract shall at
all times, and in all places, be subject to the AGENCY'S sole direction, supervision, and
control. The AGENCY shall exemise control over the means and manner in which he/she and
his/her employees perform the work, and in all respects the AGENCY'S relationship and the
relationship of his/her employees to the COUNTY shall be that of an Independent Contractor
and not as ~rnployees or agents of the COUNTY.
The AGENCY does not have the power or authority to bind the COUNTY in any promise,
agreement or representation other than specifically provided for in this Contract.
ARTICLE 13 - ACCESS AND AUDITS
The AGENCY shall maintain adequate records related to all charges, expenses, and costs
incurred in estimating and performing the work for at least three (3) years after completion of
this Contract. The COUNTY shall have access to such books, records, and documents as
required in this section for the purpose of inspection or audit during nonnal business hours, at
the AGENCY'S place of business.
ARTICLE 14 - NONDISCRIMINATION
The AGENCY warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
ARTICLE 15 - ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enfomement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not
taxable as court costs (including, without limitation, alt such fees, costs and expenses incident
to appeals), incurred in that action or proceeding, in addition to any other relief to which such
party or parties may be entitled.
ARTICLE 16 - AUTHORITY TO PRACTICE
The AGENCY hereby represents end warrants that he/she has and will continue to maintain all
licenses, designations, certifications and approvals required to conduct his/her business, end
that he/she will at all times conduct its business activities in a reputable manner. Proof of such
Iicenses end approvals shall be submitted to the COUNTY'S representative upon request.
ARTICLE 17 - SEVERABILITY
If eny term or provision of this Contract, or the application thereof to eny person or
circumstances shall, to eny extent, be held invalid or unenfomeable, the remainder of this
Contract, or the application of such terms or provisions, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Contract shall be deemed valid and enforceable to the extent permitted by
law.
ARTICLE 18 - PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133, by entering into this Contract or performing eny work in
furtherance hereof, the AGENCY certifies that he/she, his/her affiliates, suppliem,
subcontractors and AGENCY'S who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the thirty-six (36) months immediately preceding the date hereof. This notice is
required by Florida Statutes, Section 287.133(3)(a).
ARTICLE 19 - NOTICE
All notices required in the Contract shall be sent by certified mall, return receipt requested, and
if sent to the COUNTY'S representative shall be mailed to:
County Administrator
P.O. Box 1989
West Palm Beach, Florida 33402
end
Animal Care and Control
7100 Belvedere Road
West Palm Beach, Florida 33411
with a copy to:
County Attomey's Office
P.O. Box 1989
West Palm Beach, Florida 33402
end if sent to the AGENCY shall be mailed to:
City of Delray Beach Animal Control
100 NW' 1st Avenue
Delray Beach, FL 33444
ARTICLE 20 - CONTRACT TERMINATION
This Contract may be canceled by the AGENCY upon thirty (30) days prior written notice to
the COUNTY'S representative. It may also be terminated by the COUNTY, with or without
cause, immediately upon written notice to the AGENCY. Unless the AGENCY is in breach of
this Contract, the AGENCY shall be paid for services rendered to the COUNTY'S satisfaction
through the date of termination.
After receipt of a Termination Notice and except as otherwise directed by the COUNTY, the
AGENCY shall:
A. Stop work on the date and to the extent specified.
Terminate and settle all ordem and subcontracts relating to the performance of the
terminated work.
Transfer all work in process, completed work, and other materials related to the
terminated work to the COUNTY.
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 21 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the AGENCY agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Contract may be added
to, modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto.
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach
County, Florida has made and executed this Contract on behalf of the COUNTY and the
AGENCY has hereunto set its hand the day and year above written.
Dorothy H. Wilken, Clerk
PALM BEACH COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk
WITNESSES AS TO THE
AGENCY
Vincent J. Bonvento,
Assistant County Administrator
AGENCY
By: By:.
Witness Title:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
County Attomey
APPROVED AS TO THE TERMS AND
CONDITIONS
By:
Paul W. Milelli, Director
Public Safety Department
Date: January 15, 2004 Agenda Item No.~>--.~ ~
AGENDA REQUEST
Agenda request to be placed on:
__ Regular __ Special Workshop X Consent
When: January 22, 2004
Description of Agenda Item:
Approval of the Animal Services Agreement from Palm Beach County
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description: 11~ 4151 572 ~2.20
Account Balance:
City Manager Review:
for agenda: ~ / No
Approved
Hold Until:
(if applicable)
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
[IT¥ DF DELRI1¥ BEfl[H
JAN 1 6 200~
CiTY MANAGER
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
Al.Jmnka City
Writer's Direct Line: 561/243-7090
MEMORANDUM
DATE:
January 16, 2004
TO:
FROM:
David Harden, City Manager
City Commission
Terrill Pyburn, Assistant City Attorney
SUBJECT: Authorization to file a Motion for Rehearing and/or Appeal of the
Court's Order in McKinney v. City
On January 15, 2004, the City Attorney's Office received the Court's decision
regarding the above-referenced case. The Court granted the McKinney's Writ of
Certiorari and quashed and remanded the case.
We believe the Court was incorrect when it interpreted the City's Charter to require
three (3) votes to approve or deny an action and, as a result, our office is of the
opinion that the Court misinterpreted our Charter provision. On the basis of the
foregoing, we respectfully request authorization to file a motion for rehearing and,
if necessary, an appeal of the Court's decision in this matter.
Please place this item on the agenda for the January 22, 2004 meeting for
consideration. Thank you.