Loading...
12-18-12 Special Workshop MeetingCITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL/WORKSHOP MEETING -TUESDAY, DECEMBER 18, 2012 5:00 P.M. DELRAY BEACH CITY HALL FIRST FLOOR CONFERENCE ROOM 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 Smith at 243-7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Nelson S. McDuffie has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: 1. DISTRICT OFFICE LEASE AGREEMENT/STATE SENATOR: Consider approval of a District Office Lease Agreement with State Senator Maria Sachs to lease office space located in Delray Beach City Hall. WORKSHOP AGENDA 1. Proposed contract for the new City Manager 2. 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 testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: Brian Shutt, City Attorney DATE: December 14, 2012 SUBJECT: AGENDA ITEM SP.1 -SPECIAL/WORKSHOP MEETING OF DECEMBER 18, 2012 DISTRICT OFFICE LEASE AGREEMENT/STATE SENATOR ITEM BEFORE COMMISSION District Office Lease between the City of Delray Beach and State Senator, Maria Sachs. BACKGROUND The attached District Office Lease outlines the terms and conditions for State Senator, Maria Sachs, to lease office space in City Hall. RECOMMENDATION The City Attorney's office recommends City Commission discretion. DISTRICT OFFICE LEASE THIS DISTRICT OFFICE LEASE is made this _____ day of __________, 2012 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (Lessor), and STATE SENATOR, MARIA SACHS, (Lessee), and collectively referred to as the Parties. W I T N E S S E T H : WHEREAS, the Lessor and the Lessee desire to enter into a Lease for District Office space located at 100 NW 1st Avenue, Delray Beach, Florida 33444. NOW, THEREFORE, the Parties in consideration of the covenants herein contained agree as follows: 1. Premises. Lessor hereby leases to Lessee office space located at 100 NW 1st Avenue, Delray Beach, Florida 33444 to be utilized by Lessee as a District Office. a. The office space shall consist of: 1) Two (2) offices located within Planning and Zoning/Community Improvement from January, 2013 until approximately June, 2013 (or until the City’s Utility Billing Department vacates the 689 square foot office located near the first floor conference room in City Hall, whichever occurs later). 2) Approximately 689 square feet of office space located near the First Floor Conference Room in City Hall from approximately June, 2013 (or once Utility Billing has vacated the office, whichever occurs later) through the remainder of the lease term as referenced in Paragraph 3. 2 b. The leased premises shall be unfurnished but shall include all improvements and appurtenances thereto, including, but not limited to telephone lines and internet service. c. The lease shall include two (2) unassigned parking spaces. 2. Rent: Lessee shall pay to Lessor: a. Three Hundred Dollars ($300.00) per month for the use of the two (2) offices located within Planning and Zoning/Community Improvement. b. Five Hundred Dollars ($500.00) per month for the use of the 689 sq. ft. office located near the first floor conference room in City Hall. c. Lessee shall pay monthly on or before the first day of each calendar month. e. Rent payable under this lease shall be prorated on a daily basis for nay fraction of a month of occupancy. 3. Term and Commencement Date. Lessee shall have and hold the leased premises as described in Paragraph 1 for the period beginning January 1, 2013 and ending December 31, 2014. 4. Use of Premises. The Lease is made by the Lessor for the purpose of enabling Lessee to maintain on the above-described property, a District Office. 5. Assignment and Subletting/Encumbrances. The Lessee shall not assign or sublease any part of the leased premises without the prior consent of the Lessor. 6. Repairs and Maintenance. The Lessee shall maintain the leased premises including all alterations thereto, at its own expense and shall keep the leased premises in safe condition and in good repair. 3 7. Indemnification. Lessee shall indemnify, defend and hold harmless the Lessor from and against any and all judgments, damages, claims, demands, losses, causes of action, and other costs and expenses, including reasonable attorney’s fees incurred in the defense thereof, that may be incurred by the Lessor or alleged against the Lessor by reason of any loss, damage or injury to any person or property resulting directly or indirectly by reason of the use and occupancy of premises, or by the reason of the act, or failure to act by the Lessee, its agents, employees or representatives. 8. Insurance. Lessee shall, during the entire term hereof, carry liability insurance and property damage insurance in amounts acceptable to the Lessor’s Risk Manager. The insurance shall cover all improvements. The Lessor in its discretion may review the insurance types and amounts from time to time and request that additional insurance be maintained and provided. 9. Alterations/Expansion. The Lessee shall obtain written approval of the Lessor for any construction or alterations on the premises. All work done by Lessee in connection with any alterations, repairs, and maintenance on the premises shall be done in a good and workmanlike manner and shall be diligently prosecuted to completion in accordance with the plans and specifications therefore. 10. Termination. This lease may be terminated by either party giving sixty (60) days prior written notice to the other party. The commencement date of such termination notice shall be the date such notice is delivered or, if mailed, the date such notice is postmarked. 11. Governing Law. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County. 4 12. Notices. Any consents, approvals, permissions, and notices shall be effective and valid only if in writing mailed on or hand-delivered to: a) If to the Lessor: City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 b) If to the Lessee: Senator Maria Sachs 100 N.W. 1st Avenue Delray Beach, FL 33444 13. Entire Agreement. This Lease constitutes all agreements, conditions, and understandings between Lessor and Lessee concerning the premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. IN WITNESS WHEREOF, the parties hereto have executed this District Office Lease on the date first above written. ATTEST: Lessor: CITY OF DELRAY BEACH, FLORIDA ___________________________ By: _____________________________________ City Clerk Nelson S. McDuffie, Mayor Approved as to Legal Form and Sufficiency: ______________________________ City Attorney 5 Lessee: MARIA SACHS, State Senator By:_______________________________________ Maria Sachs STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of _____________________, 2012 by ___________________________ (name of officer or agent, title of officer or agent) of __________________________ (name of corporation acknowledging), a _________________ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced ___________________________ (type of identification) as identification and did (did not) take an oath. _________________________________ Signature of Notary Public -State of Florida __________________________________ Print, Type or Stamp Name of Notary Public MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 14, 2012 SUBJECT: AGENDA ITEM WS.1 -SPECIAL/WORKSHOP MEETING OF DECEMBER 18, 2012 PROPOSED CONTRACT FOR THE NEW CITY MANAGER ITEM BEFORE COMMISSION Direction regarding a proposed contract for the new City Manager. BACKGROUND The Commission voted to direct staff to prepare a draft contract between the City and Mr. Chapman at their December 11, 2012 meeting. Attached please find the general ICMA model contract, a sample of another contract recently entered into by the City of Lake Worth, a copy of Mr. Harden’s contract as well as draft of the general form of a proposed contract. Staff is seeking direction regarding the terms and conditions that the Commission wishes to include in the proposed contract. MEMORANDUM TO:Mayor and City Commissioners FROM:Terrill Pyburn, Assistant City Attorney THROUGH:Brian Shutt, City Attorney DATE:December 14, 2012 SUBJECT:AGENDA ITEM SP.1 - SPECIAL/WORKSHOP MEETING OF DECEMBER 18, 2012 DISTRICT OFFICE LEASE AGREEMENT/ STATE SENATOR ITEM BEFORE COMMISSION District Office Lease between the City of Delray Be ach and State Senator, Maria Sachs. BACKGROUND The attached District Office Lease outlines the ter ms and conditions for State Senator, Maria Sachs, t o lease office space in City Hall. RECOMMENDATION The City Attorney's office recommends City Commissi on discretion. DISTRICT OFFICE LEASE THIS DISTRICT OFFICE LEASE is made this _____ day of __________, 2012 by and between the CITY OF DELRAY BEACH , a Florida municipal corporation, (Lessor), and STATE SENATOR , MARIA SACHS, (Lessee), and collectively referred to as the Parties. W I T N E S S E T H : WHEREAS , the Lessor and the Lessee desire to enter into a Lease for District Office space located at 100 NW 1 st Avenue, Delray Beach, Florida 33444. NOW, THEREFORE , the Parties in consideration of the covenants herein contained agree as follows: 1. Premises . Lessor hereby leases to Lessee office space located at 100 NW 1 st Avenue, Delray Beach, Florida 33444 to be utilized by Lessee as a District Office. a. The office space shall consist of: 1) Two (2) offices located within Planning and Zoning/Community Improvement from January, 2013 until approximately June, 2013 (or until the City’s Utility Billing Department vacates the 689 square foot office located ne ar the first floor conference room in City Hall, whichever occurs later). 2) Approximately 689 square feet of office space located nea r the First Floor Conference Room in City Hall from approximately June, 2013 (or once Utility Billing has vacated the office, whichever occurs later) throug h the remainder of the lease term as referenced in Paragraph 3. 2 b. The leased premises shall be unfurnished but shall include a ll improvements and appurtenances thereto, including, but not limited to tel ephone lines and internet service. c. The lease shall include two (2) unassigned parking spaces. 2. Rent: Lessee shall pay to Lessor : a. Three Hundred Dollars ($300.00) per month for the use of the two (2) offices located within Planning and Zoning/Community Improvement. b. Five Hundred Dollars ($500.00) per month for the use of the 689 sq. ft. office located near the first floor conference room in City Hall. c. Lessee shall pay monthly on or before the first day of each calendar month. e. Rent payable under this lease shall be prorated on a dail y basis for nay fraction of a month of occupancy. 3. Term and Commencement Date . Lessee shall have and hold the leased premises as described in Paragraph 1 for the period beginning January 1, 2013 and ending December 31, 2014. 4. Use of Premises . The Lease is made by the Lessor for the purpose of enabling Lessee to maintain on the above-described property, a District Office. 5. Assignment and Subletting/Encumbrances . The Lessee shall not assign or sublease any part of the leased premises without the prior consent of the Lessor . 6. Repairs and Maintenance . The Lessee shall maintain the leased premises including all alterations thereto, at its own expense and shall kee p the leased premises in safe condition and in good repair. 3 7. Indemnification . Lessee shall indemnify, defend and hold harmless the Lessor from and against any and all judgments, damages, claims, dema nds, losses, causes of action, and other costs and expenses, including reasonable attorney’s fees incur red in the defense thereof, that may be incurred by the Lessor or alleged against the Lessor by reason of any loss, damage or injury to any person or property resulting directly or indirectly by reason of the use and occupancy of premises, or by the reason of the act, or failure to act by the Lessee , its agents, employees or representatives. 8. Insurance. Lessee shall, during the entire term hereof, carry liability insurance and property damage insurance in amounts acceptable to the Lessor’s Risk Manager. The insurance shall cover all improvements. The Lessor in its discretion may review the insurance types and amounts from time to time and request that additional insur ance be maintained and provided. 9. Alterations/Expansion . The Lessee shall obtain written approval of the Lessor for any construction or alterations on the premises. All work done b y Lessee in connection with any alterations, repairs, and maintenance on the premises shal l be done in a good and workmanlike manner and shall be diligently prosecuted to comple tion in accordance with the plans and specifications therefore. 10. Termination . This lease may be terminated by either party giving sixty (60 ) days prior written notice to the other party. The commencement d ate of such termination notice shall be the date such notice is delivered or, if mailed, the date such notice is postmarked. 11. Governing Law . This Lease shall be governed by and interpreted according t o the laws of the State of Florida and venue shall be in Palm Beach County. 4 12. Notices . Any consents, approvals, permissions, and notices shall be effect ive and valid only if in writing mailed on or hand-delivered to: a) If to the Lessor: City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 b) If to the Lessee: Senator Maria Sachs 100 N.W. 1 st Avenue Delray Beach, FL 33444 13. Entire Agreement . This Lease constitutes all agreements, conditions, and understandings between Lessor and Lessee concerning the premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. IN WITNESS WHEREOF , the parties hereto have executed this District Office Leas e on the date first above written. ATTEST: Lessor: CITY OF DELRAY BEACH, FLORIDA ___________________________ By: _____________________________________ City Clerk Nelson S. McDuffie, Mayor Approved as to Legal Form and Sufficiency: ______________________________ City Attorney 5 Lessee: MARIA SACHS, State Senator By:_______________________________________ Maria Sachs STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of _____________________, 2012 by ___________________________ (name of officer or agent, title of officer or agent) of __________________________ (name of corporation acknowledging), a _________________ (state or place of incorporation) corpor ation, on behalf of the corporation. He/She is personally known to me or has produce d ___________________________ (type of identification) as identification and did (did not) take an oath. _________________________________ Signature of Notary Public - State of Florida __________________________________ Print, Type or Stamp Name of Notary Public MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:December 14, 2012 SUBJECT:AGENDA ITEM WS.1 - SPECIAL/WORKSHOP MEETING OF DECEMBER 18, 2012 PROPOSED CONTRACT FOR THE NEW CITY MANAGER ITEM BEFORE COMMISSION Direction regarding a proposed contract for the new City Manager. BACKGROUND The Commission voted to direct staff to prepare a d raft contract between the City and Mr. Chapman at their December 11, 2012 meeting. Attached please fi nd the general ICMA model contract, a sample of another contract recently entered into by the City of Lake Worth, a copy of Mr. Harden’s contract as well as draft of the general form of a proposed con tract. Staff is seeking direction regarding the terms and conditions that the Commission wishes to include in the proposed contract.