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Agenda Reg 05-16-00CITY OF DELRAY BEACH, MAY 16, 2000 FLORIDA - CITY COMMISSION REGULAR MEETING - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. COMMISSION CHAMBERS 1993 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits o~ a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES 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. AGENDA 2. 3. 4. 5. Roll Call. Invocation. Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Regular Meeting of May 2, 2000 Proclamations: A. National Salvation Army Week - May 14-20, 2000 B. National Preservation week - May 14-20, 2000 Co Recognizing and commending the Delray Beach Ocean Rescue Division as 1999 Beach Patrol of the Year and Operations Supervisor Steve Zickl as 1999 Lifeguard of the Year Do Recognizing and commending Operations Supervisor Heather Irurzun and Ocean Rescue Officer Shaun Gibson, Delray Beach Ocean Rescue Division, for their superior achievements at the 2000 World Lifesaving Championships in Sydney, Australia National Flag Day/21st Annual National Pause for the Pledge of Allegiance to the Flag - June 14, 2000 Presentations: A. Report on the Delray Affair Lynn Bafaloukos, Chamber of Commerce Events Coordinator Consent Agenda: City Manager recommends approval. Ao RESOLUTION NO. 39-00: Approve a resolution vacating and abandoning the north/south and east/west alley rights-of-way lying within Block 36, but reserving to the City a general utility easement over the entire area to be abandoned, based upon positive findings. Block 36 is located on the north side of West Atlantic Avenue, between N.W. 3rd and 4th Avenues. Regular Commission Meeting May 16, 2000 RESOLUTION NO. 40-00: Approve a resolution vacating and abandoning a portion of the north/south alley right-of-way lying within Block 8, Rosemont Park, in conjunction with Bethel Evangelical Church, but reserving to the City a general utility easement over the entire area to be abandoned, based upon positive findings. Block 8, Rosemont Park, is located on the west side of S.W. 7th Avenue between S.W. 7th Street and S.W. 8th Court. RESOLUTION NO. 38-00: Approve a resolution requesting funds from the Palm Beach County Emergency Medical Services Grant Award program to be used for the purchase of eight (8) Capnography Monitors, six (6) IV Infusion Pumps, and three (3) EMS Patrol Bikes for the Fire Department. RESOLUTION NO. 42-00: Approve a resolution certifying that the South Palm Beach County Habitat for Humanity program operating in the CDBG income eligible areas of the City of Delray Beach is consistent with the City's Comprehensive Plan and the Land Development Regulations. E. FU~-DING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE PROGRAM: Approve two funding subsidies in the total amount of $37,300.00 for two income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 100th and 101st homeownership assistance grants provided through the program to-date. RATIFICATION OF OLD SCHOOL SOUARE the list of appointees to the Directors as of January 27, 2000. BOARD OF DIRECTORS: Ratify Old School Square Board of SERVICE AUTHORIZATION ~1999-01/HELLER-WEAVER & SHEREMETA (LAKE IDA ROAD IRRIGATION & LANDSCAPING): Approve Service Authorization %1999-01 in the amount of $25,960.00 with Heller-Weaver & Sheremeta for professional services related to the preparation of plans and submittal of Keep Palm Beach Beautiful grant application, as well as design, permitting and bidding services associated with the Lake Ida Road (Congress to Military) irrigation and landscaping project, with funding from 334-3162-541-61.17 (General Capital Improvement Street Reconstruction). SERVICE AUTHORIZATION ~18/DAVID MILLER & ASSOCIATES (CITY MARINA IMPROVEMENTS): Approve Service Authorization %18 in the amount of $53,200.00 with David Miller & Associates for professional services related to the City Marina - Roadway, Facility and Park Improvements project, with funding from 426-4311-575-65.23 (City Marina Renovations). CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/RAnDOLPH & DEWDNEY CONSTRUCTION (SANDOWAY PARK RESTROOM FACILITY): Approve closeout Change Order %1 in the net deduct amount of $2,146.86 -3- Regular Commission Meeting May 16, 2000 and final payment in the amount of $3,788.00 to Randolph & Dewdney Construction Inc. for completion of the Sandoway Park Restroom Facility project, with funding from 117-4170-572- 63.80 (Recreation Impact Fee Fund - Sandoway Park Restroom). CLOSEOUT CHANGE ORDER ~5 AND FINAL PAYMENT/PAVEX CORPORATION (1998 RESURFACIN~ PROJECTS): Approve closeout Change Order #5 in the amount of $49,381.54 and final payment in the amount of $62,179.66 to Pavex Corporation for completion of the 1998 Street Resurfacing contract, with funding in the amount of $16,850.82 from 334-3162-541-61.17 (Street Reconstruction), $3,842.00 from 334-3162-541-63.15 (Downtown Parking Lots), $20,230.59 from 334-4173-572-63.90 (Miller Park/Other Improvements), $4,139.75 from 334-3162-541-65.19 (NE 4th Street & NE 3rd Avenue), $11,137.75 from 334-4172-572-63.03 (Pompey Park Ballfields), and $5,978.75 from 442-5178-536-63.92 (Highland Beach Force Main). FINAL PAYMENT/TROPICAL AWNING INC. (VETERANS PARK AWNING REPLACEMENT): Approve final payment in the amount of $1,951.00 to Tropical Awning Inc. for completion of the Veterans Park Awning Replacement project, with funding from 001-4126-572-63.90 (Veterans Park Recreational Facility Other Improvements). RESOLUTION NO. 41-00: Approve a resolution assessing costs for action necessary to abate nuisances on seven (7) properties throughout the City. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 1st through May 12, 2000. N. AWARD OF BIDS AND CONTRACTS: Grant awards through the Community Development Block Grant Housing Rehabilitation program to Abisset Corporation in the amount of $14,148.75 for a single family home at 927 S.W. 2nd Avenue, and to Henry Haywood in the amount of $8,809.50 for a single family home at 207 N.W. 10th Avenue, with funding in the total amount of $22,958.25 from 118-1963-554-49.19 (CDBG Housing Rehabilitation), and grant award through the State Housing Initiatives Partnership (SHIP) program in the amount of $17,146.50 to William Hatcher Construction for a single family home at 318 S.W. 6th Avenue, with funding from 118-1924-554-49.19 (SHIP Housing Rehabilitation). Emergency purchase of manufacturer's replacement parts for repairs to VAC filters at the Water Treatment Plant to Eimco Process Equipment, sole source provider, in the total amount of $13,650.00, with funding from 441-5122-536-46.90 (Water Treatment & Storage - Other Repair/Maintenance Cost). -4- Regular Commission Meeting May 16, 2000 Contract award in the base bid amount of $134,290.00 to Republic Construction & Development Corp., plus Change Order #1 in the deduct amount of $13,753.00, for a net contract amount of $120,537.00 for the Veterans Park Restrooms project, with funding from 334-4126-572-62.10 (General Construction Fund - Veterans Park/Buildings). 9. Regular Agenda: INTERNATIONAL TENNIS RESORT: Consider a revised acquisition proposal for the International Tennis Resort property. REQUEST TO REDUCE PAVEMENT WIDTH/PARKSIDE TOWNHOMES: Consider a request to reduce the pavement width from 24 feet to 22 feet for a portion of the residential streets located within the proposed Parkside Townhomes development pursuant to LDR Section 6.1.2(C). The subject property is located north of West Atlantic Avenue on the east side of Coral Trace Boulevard. C. IN-LIEU OF PARKING FEE AaREEMENT/PINEAPPLE TOWN (OUTSIDE THE BOX, INC.): Consider approval of an in-lieu of parking fee agreement in the amount of $12,000 for two (2) parking spaces with Outside The Box, Inc. for Pineapple Town. The subject property is located at the southeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 2nd Street, and is zoned CBD (Central Business District). AMENDMENT NO. 2 TO PARKING LICENSE AGREEMENT/CAFFE LUNA ROSA: Consider approval of Amendment No. 2 to the parking license agreement with Caffe Luna Rose, Inc. to allow valet service seven days a week from 11:00 a.m. to 11:00 p.m., year round. SPECIAL EVENT REOUEST & RESOLUTION NO. 43-00/ROOTS CULTURAL FESTIVAL: Consider a request for special event approval to allow the 23rd Annual Roots Cultural Festival to be held between May 19th and August 13, 2000, and approve Resolution No. 43-00 in support of the event. ATLANTIC HIaH SCHOOL BAND FUNDiN~ REQUEST: Consider a request from the Atlantic Community High School Band for assistance with the expenses of sending the Band to the Aloha Festival which will be held in Hawaii on September 16, 2000. RI~HT-OF-WAY USE AGREEMENT WITH METRICOM, INC.: Consider approval of a right-of-way use agreement between the City and Metricom, Inc. which would allow Metricom to install their equipment in City rights-of-way. BID AWARD FOR LANDSCAPE MAINTENANCE (~EOR~E BUSH BOULEVARD & WEST ATLANTIC AVENUE): Consider approval of a bid award in the amount of $20,876.00 to Custom Property Services as the lowest responsive, responsible bidder {second iow bid), for the annual landscape maintenance contract for George Bush -5- Regular Commission Meeting May 16, 2000 Boulevard/N.E. 8th Street and West Atlantic Avenue, with funding from 119-4144-572-46.40 (Beautification - Maintenance). I. AGREEMENT FOR PROCUREMENT OF NAMING RIGHTS OF THE DELRAY BEACH TENNIS CENTER: Consider approval of an agreement between the City and Flight Media, Inc. (FMI) wherein the City grants to FMI exclusive rights to procure commitments for the sale or lease of naming rights at the Delray Beach Tennis Center for a period of six (6) months commencing on May 17, 2000 and extending until November 17, 2000. 1. AMENDMENT NO. 3 TO MATCH POINT AGREEMENT: Consider approval of Amendment No. 3 to the agreement between the City and Match Point, Inc. to provide that Match Point agrees to abstain from attempting to sell or procure naming rights for the Tennis Center for the six month period in which the City has the agreement with Flight Media, Inc. J. APPOINTMENT TO CRA DIRECTOR SELECTION COMMITTEE: Consider the appointment of a City Commission member to serve on the Selection Committee for the new CRA Executive Director. Ko BANK OF AMERICA PROPERTY: Provide direction concerning the Bank of America property located on the north side of Atlantic Avenue between East Road and Seabreeze Avenue. 10. Public Hearings: ORDINANCE NO. 11-00: An ordinance amending the Land Development Regulations to establish notification requirements for specified waivers. 11. Com~ents and Inc/uiries on Non-Agenda Items from the Public- Immediately following Public Hearings. 12. 13. 14. A. City Manager's response to prior public comments and inquiries. B. From the Public. First Readings: None Co~nents and Inquiries on Non-Agenda Items. City Manager City Attorney City Commission CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Dharma Properties, Inc. vs. City of Delray Beach (Case No. 00-8362CW-Hurley) and Dharma Properties, Inc. vs. City of Delray Beach (Case No. 00-AP00-1157 AY). -6- Regular Commission Meeting May 16, 2000 Attendees: Mayor David Schmidt Commissioner Pat Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz City Manager David T. Harden City Attorney Susan A. Ruby Assistant City Attorney Jay Jambeck A certified court reporter Purposes Discuss strategy related to the above pending litigation. -7- CITY OF DEL]RAY BEACH. FLORIDA - CITY COMMISSIOI~I REGULAR MEETING - MAY 16, 2000 - 6:00 P.M. COMMISSION CHAMBERS Ag A' A ADD A'D/4M THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS: 6.F, Proclaiming the month of May, 2000, as CMZIT~MOSTI-lin the City of Delray Beach. Reg~lar Agenda: 9.L~ Resolution No. 44-00: Consider approval of a resolution objecting to language added to Senate Bill 1280 that provides for public counsel of the Public Service Commission to provide legal representation in proceedings before counties regarding water and wastewater utility rates, and requesting that the Governor veto such legislation. Addendum. May 16, 2000.Reg. Mtg. WHEREAS, a love of God and a desire to help others is the motivation behind the men and women of The Salvation Army; and WHEREAS, The Salvation Army provides spiritual counseling and basic human necessities to the needy and hurting on a daily basis; and WHEREAS, The Salvation Army's programs and services assist this community'S citizens in living meaningful lives, and also stand as a symbol of compassion; and WHEREAS, The Salvation Army provides its cervices to all people in need without regard for race, color, creed, sex, or age. NOW, THEREFORE, I, David W. Schmidt Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 14th through May 20t~, 2000 as SALVATION ARMY WEEK in Delrey Beach, Florida and urge all citizens to join me in honoring the dedicated officers, employees and volunteers of The Salvation Army who touch the lives of many in this community. IN WITNESS V~I-IEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16~ day of May, 2000. DAVID W. SCHMIDT MAYOR pAtH. A RADE~ GENERAL LT. COLONEL DONALD FAULKNER DIVISION COMMANDER LT. JOHN WILLIAMS CORPS OFFICER  ~tECEIVED CITY MA NA GEFI att tion 300 S.W. 2ND AVENUE BOCA RATON, FLORIDA 33432 P.O. DRAWER 310, 33429-0310 PHONE: (561) 391-1344 · FAX (561) 362-9853 y MAJOR THOMAS OVERTON LT. TAMMIE WILLIAMS CORPS OFFICER Febrnary25,2000 David T. Harden 100 N.W. 1 st Avenue Delray Beach, F133444 Dear Mr. Harden, National Salvation Army week is May 14 thru 20th. We would appreciate Delray Beach making a proclamation s'Lrnilar to the one being done in Boca Raton on May 9th, 2000. Enclosed please find a copy of last years proclamation for your information. We would like for our officers to be there to accept this in your March meeting. In addition, we would like to have our disaster canteen at a city function to show our presems in the community during Volunteer week, April 9th thru 15th or Salvation Army week. Similar to the visit in Boca Raton on May 20th. At this event, we will give away donated snacks/refl'eshments to any and all. There will be no solicitations for donations. God Bless. Lieutenant. John Williams Corps Officer PAUL A RA~R GENERAL LT. COLONEL DONALD FAULKNER DIVISION CCMMANDER LT. JOHN WILLIAMS CORPS OFFICER · tt tion 300 S.W. 2ND AVENUE BOCA RATON, FLORIDA 33432 P.O. DRAWER 310, 33429-0310 PHONE: (561) 391-1344 · FAX (561) 362-9853 JOHN BUSBY TERRITORIAL COMMANDER MAJOR THOMAS OVERTON AREA COMMANDER LT. TAMMIE WILLIAMS CORPS OFFICER MAYORAL PROCLAMATION FOR USE DURING SALVATION ARMY WEEK WHEREAS A love of God and a desire to help others is the motivation behind the men and women of The Salvation Army; and WHEREAS The Salvation Army provides spiritual counseling and basic b,man necessities to the needy and hurting on a daily basis; and WHEREAS The Salvation Army's programs and services assist this conanumty s c~ttzeas living meaningful lives, and also stand as a symbol of compassion; and WHEREAS The Salvation Army provides its services to all people in need without regard for race, color, creed, sex, or age. NOW, THEREFORE I Carol Hanson, mayor of Boca Raton, do hereby proclaim the period of May 14-20 Salvation Army week in Boca Raton and urge all citizens to join me in honoring the dedicated officers, employees and volunteers of The Salvation Army who much the lives of many in this community. IN WITNESS I hereunto set my hand and cause the seal of Boca Raton to be affixed this WHEREOF 2000. WHEREAS, histodc preservation helps provide a deeper understanding of the diversity of our uniquely American heritage; and WHEREAS, historic preservation enhances the livability of communities, fi'om large metropolitan cities to small, rural farming towns across America; and WHEREAS, historic preservation help us recognize the importance of preserving landmarks from our past as touchstones of stability in times of change; and WHEREAS, '~raking America's Past into the Future" is the theme for Preservation Week 2000, co-sponsored by the Delray Beach Historical Society, the Florida Division of Historical Resources Regional Office and the National Trust for Historic Preservation. NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 14 through May 20, 2000 as "NATIONAL PRESERVATION WEEK" in the City of Delray Beach, and call upon its citizens to recognize and participate in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of May, 2000. DAVID W. SCHMIDT MAYOR Planning & Zoning Department MEMORANDUM TO: THRU FROM DAVID T. HARDEN, CITY MANAGER''X, d', ~,_ ~ .AT CAYCE, HISTORIC .RESERVATION .LAN N ER ~-~"~ DATE: MAY 9, 2000 RE: PROCLAMATION FOR "HISTORIC PRESERVATION WEEK", COMMISSION MEETING OF MAY 16, 2000 Each year the National Trust for Historic Preservation sponsors a national preservation week. The theme of this year's Preservation Week "Taking America's Past into the Future" calls on us to recognize the importance of preserving landmarks from our past as touchstones of stability in times of change. This year the Delray Beach Historical Society and the Florida Division of Historical Resoumes Regional Office are conducting a walking tour on May 18th in the Old School Square historic district to celebrate Preservation Week. It would be appropriate for the Mayor and the City Commission to officially recognize the City's preservation efforts by issuing the attached proclamation. f:\planning & zoning\boards~hpb~proclamation-3.doc PRE:SERVAT · ? 'ALKING TOUR COME JOIN US FOR A TOUR OF DELRAY BEACH AND DISCOVER ITS TREASURY OF HISTORIC PROPERTIES. LEARN ABOUT DELRAY'S HISTORIC DISTRICTS, ITS CHARMING ARCHITECTURAL STYLES, AND WHAT MAKES THE TOWN A SPECIAL COMMUNITY THE WALKING TOUR WILL BEGIN AT THE JUDGE KNOTT PRESERVATION CENTER, 20 N SWINTON AVENUE (NEXT TO DOC'S) AT 9:00 A.M. AND END AT 12:00 NOON. LISTEN TO THE WEATHER THE NIGHT BEFORE AND BRING AN UMBRELLA IF NECESSARY, WEAR COMFORTABLE CLOTHING AND WALKING SHOES. SPADY HOUSE MUSEUM PRESENTATION BY VERA FARRINGTON, PRESIDENT, E.P.O.C.H. REFRESHMENTS WILL BE SERVED. RESERVATIONS ARE LIMITED CONTACT BONNIE DEARBORN ~ 561-279-1475 OR MARY SWINFORD ~ 561-243-0223 SPONSORED BY THE DELRAY BEACH HISTORICAL SOCIETY AND THE FLORIDA DIVISION OF HISTORICAL RESOURCES REGIONAL OFFICE PRESERVATION WEEK NATIONAL TRUST May 14 - 20, 2000 lray beach historical society WHEREAS, the Delray Beach Ocean Rescue Division was selected as the Florida Beach Patrol Chiefs Association's 1999 Beach Patrol of the Year; and WHEREAS, Operations Supervisor Steve Zickl was selected as the Florida Beach Patrol Chiefs Association's 1999 Lifeguard of the Year; and WHEREAS, the Florida Beach Patrol Chiefs Association considem Ocean Lifesaving Agencies and Ocean Lifeguards throughout the State of Florida for these awards based on professional leadership, contributions to the profession, innovation, and training; and WHEREAS, the Ocean Rescue Division also received the 1995 Beach Patrol of the Year Award making Delray Beach the first Ocean Lifesaving Agency in the State of Florida to receive this award twice since its inception in 1993; and WHEREAS, no other Ocean Lifesaving Agency in the State of Florida has had a staff member receive the Lifeguard of the Year Award in the same year as being selected Beach Patrol of the Year; and WHEREAS, the involvement and achievements of the Delray Beach Ocean Rescue Division have raised the standard of professional lifesaving in the State of Florida and generated much civic and community pride. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby recognize the Ocean Rescue Division of the Delray Beach Parks and Recreation Department as the 1999 BEACH PATROL OF THE YEAR and for superior achievement STEVE ZICKL for his representation of the City of Delray Beach and offer him congratulations for a job well done as the Florida Beach Patrol Chiefs Association's 1999 Lifeguard of the Year. IN W1TNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of May, 2000. DAVID W. SCHMIDT MAYOR AGENDA ITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: April 28, 2000 XX Regular Agenda Special Agenda __ Workshop Agenda When: May 16, 2000 Description ofagendaitem: Request Mayor to sign and City Cor~nission to approve a Proclamation honoring Delray Beach Ocean Rescue as Beach Patrol of the Year and Steve Zickl as Lifeguard of the Year. ORDINANCE/RESOLUTiON REQUIRED: YES Draft Attached: YES. Recommendation: Approval. NO X NO. X Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~) f~,/ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved (if applicable) Proposed Proclamation for Beach Patrol of the Year and Lifeguard of the Year Whereas, the Delray Beach Ocean Rescue Division was selected as the Florida Beach Patrol Chiefs Association's 1999 Beach Patrol of the Year; and, Whereas, Operations Supervisor Steve Zickl was selected as the Florida Beach Patrol Chiefs Association's 1999 Lifeguard of the Year; and, Whereas the Florida Beach Patrol Chiefs Association considers Ocean Lifesaving Agencies and Ocean Lifeguards throughout the State of Florida for these awards based on professional leadership, contributions to the profession, innovation, and training; and, Whereas the Ocean Rescue Division also received the 1995 Beach Patrol of the Year Award making Delray Beach the first Ocean Lifesaving Agency in the State of Florida to receive this award twice since its inception in 1993; and, Whereas, no other Ocean Lifesaving Agency in the State of Florida has had a staff member receive the Lifeguard of the Year Award in the same year as being selected as Beach Patrol of the Year; and, Whereas the involvement and achievements of the Delray Beach Ocean Rescue Division have raised the standard of professional lifesaving in the State of Florida and generated much civic and community pride, Now, therefore, [, David Schmidt, Mayor of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize the Ocean Rescue Division of the Delray Beach Parks and Recreation Department for winning the 1999 Beach Patrol of the Year Awards, And for superior achievement Steve Zickl for his representation of the City of Delray Beach and offer him congratulations on a job well done as the Florida Beach Patrol Chiefs Association's 1999 Lifeguard of the Year. In witness whereof, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 16th day of May, 2000. WHEREAS, Operations Supervisor Heather Irurzun and Ocean Rescue Officer Shaun Gibson of the Delray Beach Ocean Rescue Division were selected by the United States Lifesaving Association to represent the United States at the 2000 World Lifesaving Championships in Sydney, Australia, Mamh 23r~ through Apd122, 2000; and WHEREAS, Heather Irurzun and Shaun Gibson competed against over 250 of the best lifeguards from twenty-two nations throughout the wodd in demanding ocean conditions; and WHEREAS, Heather Irurzun as a part of Team USA placed 2nd in the world in the Women's Rescue Tube Rescue Race, 5th in the world in the Paddleboard Race, and with Shaun Gibson they placed 6th in the world in the Simulated Emergency Response Event, and in the Taplin Relay (Run, Swim, Surf Ski, Paddle - Women's Division) placed 8th in the world; and WHEREAS, Shaun Gibson placed 10th in the world in the 100 Meter Sprint, and th. 11 ~n the world in the Beach Flag event; and WHEREAS, Team USA placed 8th in the world in Ocean Lifesaving Events and 13t~ in the world in Pool Lifesaving Events among 22 other international teams which qualifies them for the "2001 Goodwill Games" in Queensland, Australia; and WHEREAS, the involvement and achievements of Heather Irurzun and Shaun Gibson have raised the standard of professional lifesaving in the world and generated much civic and community pride. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby recognize and commend HEATHER IRURZUN and SHAUN GIBSON of the Delray Beach Ocean Rescue Division for their representation and superior achievements as members of the United States Team on behalf of the City of Delray Beach at the 2000 World Lifesaving Championships. IN WITNESS WHEREOF I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16 h day of May, 2000. DAVID W. SCHMIDT MAYOR AGENDA ITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: April 28, 2000 XX Regular Agenda __ Special Agenda __ Workshop Agenda When: May 16, 2000 Description ofagendaitem: Request Mayor to sign and City Commission to approve Proclamation honoring Heather Irurzun and Shaun Gibson at the 2000 World Lifesaving Championships. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Approval. Department Head Signature: ~o---, Determination of Consistency with C~mprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~) Hold Until: No Agenda Coordinator Review: Received: Action: Approved ~Disapproved Proposed Proclamation for Heather Irur'zun and Shaun Gibson at the 2000 World Lifesaving Championships Whereas, Operations Supervisor Heather Irur~un and Ocean Rescue Officer Shaun Gibson of the Delray Beach Ocean Rescue Division were selected by the United States Lifesaving Association to represent the United States at the 2000 World Lifesaving Championships in Sydney, Australia March 23rd - April 22nd and, Whereas, Heather Irurzun and Shaun Gibson competed against over 250 of the best lifeguards from each of twenty-two nations throughout the world in demanding ocean conditions; and, Whereas, Heather ][rurzun as a part of Team USA placed 2nd in the world in the Women's Rescue Tube Rescue Race, 5th in the world in the Paddleboard Race and 6th with Shaun Gibson in the world in the Simulated Emergency Response Event, 8th in the world in the Taplin Relay (Run, Swim, Surf Ski, Paddle - women's division) Whereas Shaun Gibson placed 10th in the world in the 100 meter sprint, 11th in the world in the Beach Flag event; and, Whereas, Team USA placed 8th in the world in Ocean Lifesaving Events and 13th in the world in Pool Lifesaving Events among 23 other international teams and which qualifies them for the "2001 Goodwill Games" in queensland, Australia; and, Whereas the involvement and achievements of Heather Irurzun and Shaun Gibson have raised the standard of professional lifesaving in the world and generated much civic and community pride. Now, therefore, I, David Schmidt, Mayor of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize Heather Irurzun and Shaun Gibson of Delray Beach Ocean Rescue for their representation and superior achievements as members of the United States Team on behalf of the City of Delray Beach at the 2000 World Lifesaving Championships. In witness whereof, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 16th day of May, 2000. WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official Flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated "NATIONAL FLAG DAY"; and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as "NATIONAL FLAG WEEK"; and WHEREAS, on December 8, 1892, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom, to the rule of law, and to equal rights for all. NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Flodda, on behalf of the City Commission do hereby proclaim June 14, 2000, as FLAG DAY in Delray Beach, Florida and urge all citizens to pause at 7:00 p.m. EDT on this date for the 2fST ANNUAL NATIONAL PAUSE FOR THE PLEDGE OF ALLEGIANCE to the flag and join all Americans in reciting the Pledge of Allegiance to the Flag of the United States of America. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of May, 2000. DAVID W. SCHMIDT MAYOR S.hmple Pro¢laimation. SAMPLE PROCLAMATION Page 1 of 2 National Flag Day - June 14, 2000 21st Annual National PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official Flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated "NATIONAL FLAG DAY;" and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as "NATIONAL FLAG WEEK", and WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and WHEREAS, by Act of Congress, dated June 20, 1985, Public Law 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom to the rule of all, and to equal rights for all; NOW, THEREFORE, I (Your Name and Title), do hereby proclaim June 14, 2000 as Flag Day of(Your State) and urge all citizens of(Your State) to pause at 7:00 p.m. EDT on this date for the 21st annual National PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting the Pledge of Allegiance to the Flag of the United States of America. Press Kit http://www.flagday.org/PressKit/proclamation.html 5~9/00 To strengthen and promote of opportuni~ leadership, and National League of Cities 1301 Pennsylvania Ave., N W Washington, D.C. 20004 1763 202-626-3000 Fax: 202-626-3043 Internet: www. nlc.org 2000 Officers President Bob Knight Mayor, Wichita, Kansas First Vice President Dennis W Archer Mayor, Detroit, Michigan Second Vice Resident Karen J. Anderson Mayor, Minnetonka, Minnesota Immediate Past President Clarence E. Anthony May~ South Bay, Florida Executive D~rector Donald J Gorut March 30, 2000 , HAY - ,4 2000 Dear Mayor: I am writing this letter to our nation's municipal leaders to encourage you to lead your city or town in the 21 st annual national "Pause for the Pledge of Allegiance" on Wednesday, June 14, as part of Flag Day observances throughout the United States. The American flag is a wonderful and glorious symbol of our national heritage and our national unity. The original "Star-Spangled Banner" has a place of honor in the Smithsonian Institution in Washington, and the historic flag is now being restored to preserve this enduring emblem of "the land of the free and the home of the brave." The start ora new millennium provides an occasion for Americans everywhere to reflect upon the freedom and opportunities we all enjoy. The Pledge of Allegiance has become a way for all Americans to celebrate and affirm our blessings; it is a statement of our shared beliefs and aspirations. The "Pause for the Pledge of Allegiance" is a call for Americans everywhere - regardless of age, race, religion, national origin, geographic or political differences - to join in reciting the Pledge of Allegiance at 7 p.m. EDT on Flag Day. The ceremony was conceived in 1980 by the National Flag Day Foundation in Baltimore and has become an annual event since then. It has gained widespread support from the President and Congress, from state and local leaders, and civic, business, service, veterans and educational groups nationwide. The "Pause for the Pledge of Allegiance" was made an official Flag Day ceremony by an Act of Congress in 1985. The national ceremony will again be held at Fort McHenry in Baltimore, where Francis Scott Key saw our young nation's flag flying during the War of 1812, inspiring him to write about '~?he Star-Spangled Banner" in words that became our national anthem. President Clinton has been invited to lead this year's "Pause for the Pledge of Allegiance" from the White House. In its effort to spread the word about Flag Day and the "Pause for the Pledge of Allegiance," the National Flag Day Foundation has assembled a useful set of information and resources that can be downloaded from their Interact website: www.flagday.org The information includes a sample proclamation, ideas for organizing events in your community, links to educational and historical materials, and other suggestions. Information can also be requested by contacting the National Flag Day offices in Baltimore. Help your citizens become part of this powerful expression of national solidarity and fellowship. Join in the "Pause for the Pledge of Allegiance" on Flag Day. Sincerely, President Mayor, Wichita, Kansas enclosure Re: National League of Cities National Pause for the Pledge of Allegiance March 2000 Brothers in harmony The time is at hand to begin plans for the 21st annual national PAUSE FOR THE PLEDGE OF ALLEGIANCE, which will be held Flag Day, June 14, 2000 at 7 p.m. EDT. All Americans everywhere are invited to pause for a moment to say simultaneously the thirty-one words of the Pledge of Allegiance to the Flag. The effect of this simple ceremony each year is a stimulating patriotic experience at home and a sign of unity abroad. This concept transcends age, race, religion, national origin, political and geographical differences. National Pause for the Pledge of Allegiance observances are sponsored by local governments, usually through the mayor's office, with the assistance of the National Flag Day Foundation. Information about the event is mailed to all members of the National League of Cities. Barbershop chapters participate by providing the appropriate musical backdrop for the observances. Many chapters across the country have had very rewarding experiences participating in this event. The Patapsco Valley Chapter has twice represented us at Fort Mc Henry. The flag and the stirring sounds of our uniquely American barbershop harmony will provide the folks in your community the thrill of a lifetime. I encourage each Chapter President to contact your mayor's office and offer the voices of your chorus. You can find out more about Society participation in the annual national PAUSE FOR THE PLEDGE OF ALLEGIANCE by going to the society web site (spebsqsa.org). There you'll also find a link to the National Flag Day Foundation's web site. Any questions should be directed to Society Public Relations Specialist Reed Sampson, at 800-876-7464 x 8592. Don't miss this opportunity to present our wonderful barbershop music to what could be a whole new audience for your chapter and chorus. Good luck and good singing! Darryl Flinn Exec6tive Director INTERNATIONAL OFFICE · 6315 THIRD AVENUE · KENOSHA, WISCONSIN · 53143-5199 · 414-653-8440 · FAX 414-654-4048 "KEEP THE WHOLE WORLD SINGING" Hillaty Rodham Clinton Honorary National Chair Paine for the Pldge Hen~ ~ Rosenbe~, Chairman of the Crown Cent~l Petroleum Lo~s M Koerber Chairman ~ M. CLU, C~C ~tnership Hnancial Group Vice P~sidcnt Capital Markets Allfirst Bank George F~ Thom~en, Esq. George V. McGowan James McMamu (McKay) Brooks Robinson Baseball Hail of Fame General John W. Vessey, Jr. USA (Ret,) of Staff, The Pentagon Alan Walden Herbert E. Witz, F~q. Dr. Milton S. Eisenhower (189~1985) The National Flag Day Foundation, Inc. 418 South Broadway * Baltimore, MD 21231 * (410) 563-FLAG ~ FAX (410) 342-8663 · website www. flagday, org ~t March 2000 Dear Mayor, On behalf of the National Flag Foundation Board Members and the many volunteers of the Foundation, 1 express our gratitude to you, your City Council Members, and the citizens of your community for participating in the Foundation's 21st annual National PAUSE FORTHE PLEDGE OF ALLEGIANCE program of national unity. Your President, Bob Knight, has described the Foundation's program very well in his letter to the League of Cities Members. The National Flag Day Foundation and the National League of Cities are joining hands for the 18th year to honor our Nation and our Flag on Flag Day, Wednesday June 14, 2000. We ask your support and cooperation in these specific ways: - Please send us a copy of your letter to President Clinton urging him to lead all Americans in the 21st annual National PAUSE FORTHE PLEDGE OF ALLEGIANCE on Flag Day, June 14. - In your press release, please encourage all of your citizens to PAUSE FOR THE PLEDGE OF ALLEGIANCE wherever they are at 7:00 p.m. EDT. Only their imagination limits what they can do to encourage additional participation. - After Flag Day, please send copies of your Proclamation and copies of local media coverage you have received. - Please use our Internet address listed above to obtain your 2000 Flag Day program materials. You can also fax your request to 410-256-1656. The National Flag Day Foundation thanks you for your leadership as you help us pass the "Baton of Patriotism" to the youth of America. They truly are the future of our nation. Have a great Flag Day! Sincerely, Louis V. Koerber President and Founder (over please) Annual Pause For the Pledge of Allegiance -/c Flag Day USA ~ June 14, 7:00 p.m. EDT Additional Educational Programs of The National Flag Foundation, Inc. The National Flag Foundation, Inc. Mission is: Through educational programs, to encourage Americans to better understand patriotism and the need to voice their allegiance to the nation and the flag, especially on Flag Day, June 14th 17th Annual Living American FI~. Tuesday, May 23, 2000, 9:00 a.m. at Fort McHen Since 1984 approximately 3,500 3rd, 4th, and 5th graders from public, private, parochial and home study schools in Baltimore City and the surrounding counties have formed a Living American Flag in May' at Fort McHenrv. Francis Scott Key, Mary Pickersgill and twenty additional historic characters in period clothing engage with the students about their place and period of history in the 1800's. ,"21 Days to Honor America" June 14 - July 4 The United States Congress dedicated the period from Flag Day, June 14th through Independence Day, July 4th, as "21 Days to Honor America" (89 Stat. 211). Our goal is to see reproductions of the historic Star-Spangled Banner Flag fly on all government, businesses, civic and service organizations and private flagpoles within Baltimore City during those official 21 days. We, of course, welcome others throughout the Country to participate. Ma .ryland's Salute to Flag Day Program Wednesday, June 7, 2000 Maryland's Secretary of State and its State Department of Education join the National Flag Day Foundation in Annapolis, our State Capital, to honor 24 outstanding high school students from Baltimore City and each of Maryland's counties. Each local school Superintendent selects a student from a junior class base~ on academic standing, participation in school activities and involvement in community service. Students carry their county or city flags in a colorful parade followed by a prominent state official speaker, distribution of awards, tour and a lun- cheon in their honor. 21st annual National PAUSE FOR THE PLEDGE OF AH,EGIANCE, 7Wednesday, }une 14, 2000, 7:00 P.M. On June 20, 1985, the Ninety-Ninth Congress passed and President Reagan signed Public Law 99-54 recognizing the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the National Flag Day activities. It is an invitation urging all Americans to participate on Flag Day, Wednesday June 14, 7:00 p.m. (EDT). This annual program at Fort McHenry, National Monument and Historic Shrine, features Units of the 229th Maryland Air and Army National Guard, patriotic music and entertainment, educational, historical information and concludes with fireworks by Zambelli. CITY OF DEL]RAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - MAY 16. 2000 - 6:00 P.M. COMMISSION CHAMBERS At IItlDA ADD A'DI4M THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS: 6,1F, Proclaiming the month of May, 2000, as C/}r/Z/Tl~/glrONT'//in th e City o f D elr ay B e ach. Reg,,lar Agenda: 9.L. R oluti N - : Consider approval of a resolution objecting to language added to Senate Bill 1280 that provides for public counsel of the Public Service Commission to provide legal representation in proceedings before counties regarding water and wastewater utility rates, and requesting that the Governor veto such legislation. Addendum. May 16, 2000.Reg. Mtg. WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and WHEREAS, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and WHEREAS, civility derived from the Latin words 'civitas" meaning city and 'civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and WHEREAS, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and WHEREAS, the City, County and Local Government Law Section of The Florida Bar u~ges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of May, 2000 as "CIVILITY MONTH" in Deiray Beach, and call upon all its citizens to exercise civility toward each other. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16t~ day of May, 2000. DAVID W. SCHMIDT MAYOR CITY, COU TY AND LOCAL GOVERNMENT LAW SECTIO www. loc-gov-law, org CFIAIR: Mark P. Barnebey 1001 3rd Avenue W,, Ste. 320 Bradenton, FL 34205 (941) 364-2400 CHAIR-ELECT: Alexandra M. MacLennan 225 Water Street, Ste. 2100 Jacksonville, FL 32202-5154 (9O4) 366-2462 SECRETARY/TREASURER: Susan H. Churuti 315 Court Street Clearwater, FL33756-5165 (727) 464-3354 IMMEDIATE PAST CHAIR: Susan F. Delegal P,O. Box 14070 Ft. Lauderdale, FL 33302-4070 (954) 525-1000 BOARD LIAISON: Michael P. McMahon, Orlando (407) 843-7860 EXECUTIVE COUNCIL: Terms Expiring 2000: District 4 Eugene SteinfeJd, Margate (954) 972-8830 Terms Expiring 2001: District 1 Cad Lynn Roth Tallahassee (850) 488-0410 District 2 Kenneth W. Buchman Plant City (813) 752-3172 Terme Expiring 2002: District 3 Craig H. Coller, Miami (305) 375-5151 DIstrict 5 Kathryn Kaye Collie Orlando (407) 836-7320 Terms Expiring 2000: April 27, 2000 The Honorable Jay Alperin 100 N.W. 1st Ave. Delray Beach, FL 33444-2698 Re: Proclamation and Pledge of Civility Dear Mayor All>erin: For a long time, Americans observed certain rules of behavior, known generally as "civility." Today, however, there seems to be a general decline in the conduct among citizens. Too often anger, rudeness and impatience are exhibited in public meetings. While roles of polite behavior may sound stuffy or prudish, there is much at stake in cultivating civility. Civility uplifts our common life, and makes it more pleasant. The art of civility requires constant application everyday. For this reason, the members of the City, County and Local Government Law Section of The Florida Bar offer a pledge of public conduct, and ask that your local government proclaim the month of May as Civility Month. We urge all citizens to exercise civility toward each other. It is my pleasure to enclose a plaque inscribed with the "Pledge of Civility" and the "Proclamation." The plaque is suitable for placement on the podium or other appropriate location. If you have any questions or are interested in having one of the Section's members make a presentation in person, please contact Susan Trevarthen at 954-763-4242. Thank you for your attention to this important matter. Sincerely, Mark P. Bamebey Chair Enclosures THE FLORIDA BAR/650 APALACHEE PAR KWAY/TALLAHASS EE, FLORIDA 32399-2300/(850) 561-5631/FAX: (850)561-5825 PROCLAMATION Whereas, the open exchange of public discourse is essential to the democratic system of government; and Whereas, as a cornerstone of democracy Americans have observed certain rules of behavi°r generally known as civility; Whereas, civility, derived from the Latin words "c~v~tas" meaning ctty and "c~ws ' meaning citizen, is behavior worthy of citizens living in a community or in common with others; and Whereas, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and Whereas, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and Whereas, civility can uplift our daily life and make it more pleasant to live in an organized society; and Whereas, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. Now, therefore, be it resolved by the City Commission of the City of that the month of May is proclaimed as Civility Month, and calls upon all citizens to exercise civility toward each other. Passed and adop ted this dayof ,2000. ATTEST: CLERK CITY COMMISSION DOCUMENTATION ~ U DIANE DOMINGUEZ, DIRECTOR OF PLANNI FROM: DANIEL J. MARFINO, SENIOR PLANNER "~ SUBJECT: MEETING OF MAY 16, 2000 *CONSENT AGE IDA~ ABANDONMENT OF THE NORTH-SOUTH ALLEY~NAY AND EAST-WEST ALLEYWAY, LYING WITHIN THE BLOCK 36, REVISED PLAT OF BLOCK 36, TOWN OF DELRAY. BACKGROUND The request involves abandoning the 16' x 448.2' north-south alleyway, and 16' x 287.2' east-west alleyway within Block 36, Revised Plat of Block 36, Town of Delray (Plat Book 5, Page 38). The subject alleyways consist of 11,766 total square feet (0.27 acres), and represent the entirety of the alley system within this block. The abandonment request was submitted by the Community Redevelopment Agency (CRA), which owns Lots 1-15 & Lots 22-39. The Mt. Olive Baptist Church, which owns Lots 16-21, is the only other property owner on the subject block. The Church will receive the west half of the north-south alleyway adjacent to Lots 16-21. The CRA will receive the remainder of the proposed abandonment area. (Please see Reference Map "B" in the attached Planning & Zoning Board Staff Report) As part of the redevelopment effort of West Atlantic Avenue, the CRA has issued a Request for Proposal (RFP) for a private "for-profit" company to aggregate Lots 1-15 & 22-39, and their portion of the proposed abandonment area, and develop a uniform project on the site. Currently, the north-south alley is unimproved, and the east-west alleyway is partially improved. No municipal water or sewer mains are located within the subject area. Florida Power & Light, Adelphia Cable, and BellSouth have identified facilities in the subject area. The utilities will remain in their present location, as the applicant has designated the entire abandonment area as a general utility easement. At its meeting of April 17, 2000, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning the proposed abandonment. After reviewing the staff report and discussion, the Board voted 6 to 0 to (Eliopoulos absent) recommend approval, with the condition that the disposition of all utilities is satisfactorily addressed through the provision of replacement utility easements, before proceeding to the City Commission for final approval. By motion, approve the abandonment of right-of-way and reserve a general utility easement over the entire abandonment area to cover the existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of April 17, 2000 $:~ P&ZV~oards~citycommission~Block36AbanCCDoc. doc RESOLUTION NO. 39-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DF, I.RAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTH AI.I.F.y RIGHT-OF-WAY AND THE EAST/WEST AIJ.EY RIGHT-OF-WAY LYING WITHIN BLOCK 36 (REVISED PLAT OF BLOCK 36), TOWN OF DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR pLrBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, an application for abandonment of the north/south alley fight-of-way and the east/west alley fight-of-way lying within Block 36 (Revised Plat of Block 36), Town of Dekay, as more particularly described herein, was received by the City of Dekay Beach; and WHEREAS, the apphcation for abandonment of said alley fights-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public bearing on April 17, 2000, and voted to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subject to conditions; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Dekay Beach to vacate and abandon said fight-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or m~intninir~tg, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private cox'porations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CfI'Y OF D~J.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all fight and interest it holds to the following real property for alleyway pm-poses only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, more partio:larly described as follows: That portion of the 16 foot alley fight-of-way lying east of and adjacent to Lots 14 tlxtough 28, inclusive, and that portion of the 16 foot alley fight-of-way lying iaorth of and adjacent to Lots 29 through 39, inclusive, Revised Plat of Block 36, Town of De]xay, according to the Plat thereof as recorded in Plat Book 5, Page 38, of the Public Records of palm Beach County, Florida; containing 0.27 acre, more or less. Said Block 36 being located on the north side of West Atlantic Avenue, between N.W. 3~ and 4e~ Avenues. PASSED AND ADOlYlZD in reg-l.r session on this the 16~' day of May, 2000. MAYOR A'ri'i~ST: '~City Clerk - 2 - Res. NO. 39-00 MARTIN Cl TY ATTORNEY BUILDING LUTH[R KING JR. DRIVE N.W, 2ND ST. 1ST FIRE ~ STATION NO. 1 ~ ATLANTIC; ST. TENNIS STADIUM POLICE SOUTH COMPLEX COUNTY COURT HOUSE CITY HALL COMMUNITY CENTER AVENUE ST. N,E. ,)RD ST N.r. 2ND c OLD SCHOOL SQUARE N - ABANDONMENT - (ALLEYWAYS WITHIN BLOCK 36, TOWN OF DELRAY) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: April 17, 2000 V.B. Abandonment of the North/South and East/West Alleyways Lying within Block 36, Town of Delray, Located On The North Side Of West Atlantic Avenue, Between N.W. 3rd and N.W. 4th Avenues. ATLA POLICE SOU TH COMPLEX COUNTY COURT HOUS£ AVENUE GENERAL DATA: Owner ........................................... General Public Agent ............................................. Sherry Johnson Applicant ........................................ Delray Beach Community Redevelopment Agency Location ........................................ Located on the north side of West Atlantic Avenue, between N.W. 3rd and N.W. 4th Avenues. Property Size ................................. 0.27 Acre Future Land Use Map .................... Low Density Residential (0-5 units/acre) & General Commercial Current Zoning .............................. R-I-A (Single Family Residential), CF (Community Facilities), & GC (General Commercial) Adjacent Zoning .................. North: East: South: R-~-A & GC R-1-A & GC GC West: R-l-A, CF, & GC Existing Land Use ........................ 16 ft. North-South unimproved alley & 16 ft. East-West partially improved alley Water Service ............................... N/A Sewer Service ............................... N/A ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the north-south alley and the east-west alley, lying within Block 36, Revised Plat of Block 36, Town of Delray. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. BACKGROUND The subject alleyways were dedicated with the recordation of the Revised Plat of Block 36, Town of Delray (Plat Book 5, Page 38, of the Public Records of Palm Beach County, Florida), in July of 1913. Currently the east-west alley is partially paved and provides access between N.W. 4th Avenue, on the west, to N.W. 34 Avenue on the east. The north-south alley extends from the east-west alley on the south, to N.W. 1st Street on the north. The north-south alley is currently unimproved, with numerous trees, hedges, and other vegetation located throughout. ABANDONMENT DESCRIPTION The east-west alley is a 16' x 287.20 rectangular shaped parcel containing approximately 4,595 sqft. (0.105 acres). The north-south alley is a 16' x 448.2' rectangular shaped parcel containing approximately 7,171 sqft. (0.165 acres). Together the two alleyways equal 11,766 square feet or 0.27 acres. Please see Reference Map "B"for the fo/lowing section. The abandonment request was submitted by the Community Redevelopment Agency (CRA), which owns Lots 1-15 & Lots 22-39. The CRA has issued a Request for Proposal (RFP) for a pdvate "for-profit" company to aggregate Lots 1-15 & 22-39, and their portion of the proposed abandonment area, and develop a uniform project on the site. The Mt. Olive Baptist Church owns Lots 16-21, and is the only other property owner on the subject block. Lots 16-21 currently function as a parking lot for the church, and are not included in the RFP. Planning and Zoning Board Staff Report Block 36 Alleyway Abandonment Page 2 ABANDONMENTANALYSIS Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, Le. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. Please see Reference Map "B" for the following section. Mt. Olive Baptist Chumh, being the fee simple owner of Lots 16-21, is entitled to the west eight (8) feet of the abandonment area adjacent to the above listed parcels. The CRA, being the fee-simple owner of Lots 1-15 & Lots 22-39, is entitled to the remainder of the abandonment area. Utility Services Florida Power & Light (FPL) has identified existing facilities located in both the north-south alley and the east-west alley. FPL will require a ten (10) foot easement that centers on the existing distribution facilities, or relocation of facilities. ^delphia Cable has identified facilities in the abandonment area, which coincide with the FPL equipment, and are requesting the same replacement easements or relocation of said facilities. BellSouth has also identified existing utilities in the subject abandonment area, and will require replacement easements or relocation of said facilities. The City's Environmental Services Department (ESD) reviewed the abandonment request and identified no municipal water or sewer mains in the subject area. The City's Fire Department and the Florida Public Utilities Company have also reviewed the request and have no objection to the abandonment. Planning and Zoning Board Staff Report Block 36 Alleyway Abandonment Page 3 REQUIRED FINDINGS ] Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Currently, the north-south alley is unimpreved, and there are no plans to improve it in the future. The east-west alley is partially improved, and there are no plans to upgrade this condition. The intended public use for local traffic circulation is limited at best. The City has no plans to utilize either alleyway for any other public purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject abandonment will not prevent access to any parcel, as all affected parcels take primary access from either Atlantic Avenue, N.W. 34 Avenue, or N.W. 4t~ Avenue. The Westside Liquors Building (Lots 35-39), could utilize the east-west alley for secondary or service access. The CRA owns this preperty and has included it in the RFP for redevelopment of the block. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. Currently Florida Power & Light, Adelphia Cable and BellSouth have identified existing utilities in the subject area. The existing utilities will be accommodated threugh the reservation of utility easements or relocation of said facilities, so that they will provide the same or better services to the surrounding area. This will be a condition of approval for this abandonment. The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency) and the DDA (Downtown Development Authority). A portion of the abandonment area is located within the West Settlers Historic District, which requires review by the HPB (Historic Preservation Board). Planning and Zoning Board Staff Report Block 36 Alleyway Abandonment Page 4 The CRA, being the applicant, considered and approved this item prior to submittal. HPB officially reviewed this abandonment request at its meeting of April 5, 2000, and recommended approval. The DDA will consider the proposed abandonment at its April 19th Meeting, The results of this meeting and the DDA's recommendation will be available at the Planning & Zoning Board Meeting. Courtesy Notices: Courtesy notices have been provided to the following: 0 0 PROD - Progressive Residents of Delray West Settlers Historic Homeowners Association Delray Merchants Association Charlotte Durante, Peach Umbrella Presidents Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. By abandoning this area to the CRA, the City is helping to promote the redevelopment of West Atlantic Avenue. As the purpose of the abandonment is to aggregate individual parcels with the vacated area, in order to provide a larger land area for an overall development plan, the surrounding neighborhood and downtown in general, will benefit from the resulting growth. The abandonment will not prevent access to adjacent lots of record. Disposition of existing utility services located within subject area must be resolved before this abandonment can advance to the City Commission for final approval. Planning and Zoning Board Staff Report Block 36 Alleyway Abandonment Page 5 ALTERNATIVE ACTIONS J 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to. LDR Section 2.4.6(0)(5). 3. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). RECOMMENDED ACTION By motion, recommend to the City Commission approval of the abandonment of the east-west alley and the north-south alley, lying within Block 36, Revised Plat of Block 36, Town of Delray, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following condition: 1. The disposition of all utilities is satisfactorily addressed through the provision of replacement easements or relocation of existing facilities. Attachments: · Reference Map "A" (Location Map) · Reference Map "B" · Reduced Survey File: S:\Pla nning &Zoning\Boards\P&Z~Block36AIleyAban.doc MARTIN N.W. 3RD ST tl LUTHER FIRE S TA TION NO. 1 A CITY ATTORNEY BUILDING KING JR. DRIVE N.W. 2ND ST. CITY ~~ HALL N.W. tST ST. AVENUE COMMUNITY CENTER TENNIS STADIUM N.E. 3RD ST. N.E. 2ND ST. N.E. 1ST ST. OLD SCHOOL SQUARE LAN lC POLICE SOUTH COMPLEX COUNTY COURT HOUSE F-F FFF z S.W. 1ST ST. $.w. 1ST ST. S.E. IST ST, ABANDONMENT - BLOCK 36 - REFERENCE MAP N.W. 1 ST STREET ABANDONMENT I~'.~.~??'.~ ~.~.~..~..~..~..~.~ll~]r':~ ??..~. ~,~,~:~.~.?.~.'~..~ OF ~L~AYS -".','-'.'. '.'.'-" .'.'-'.'.'-' .'.'-'-'-'.'-'.'-'.'. .'. ~ '-' .'.' -' ,'-'-'.' ,'*'-'.'.'.' .'.' ,'.'-'-' .' IN BLOCK ~ z i.~. ~4~?~.?~?~:~?:.~?~?~:~?~?~?~y:~?~:~?~.~:~:~:~:~.~:~.~:~] z > ........................... I*""*'"'*""'""*"**'""**"'*"*1""1 < ~ 1'.'15 ".'.'.'-.'-.'.'-.'-.';'.'..'~'~?'~?~?~?~?~?~?~'~'~ ~?*?*?'?'?'?*~*~??~?~'~??~'?'~**~'-"~?i ~ ~--'~GEND: ~..~.~'.~..~.;-~.;.~:~'.;.;..~:~ ....:......-....:.:..:.....:.................................... .... .-..,.:...'.,..:.. ,.':,'.:.'..v.:.:.','.:, ~ ~.,. ~.~.~.? ~ ~.~. ~ ~.?.?~ i...'.,v.' .'...'..', ..' ;...:;...'.;...':: ..'..'. -.':'...',,'...'..', ..'..'...'..', ,.'..'. 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"."-' i R~ERE~CE i '29 '.'.'' ~o' ~ ' '; ~2 '.~ ~ ~ '. ~4 ..'1 I ~. -,. -. -... ,.-..... - -' .'~MAP ATLANTIC AVENUE HBH I TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID T. HARDEN,CITY MANAGER DIANE DOMINGUEZ, DIRECTOR OF PL~I~_.~'~N/~, ZONI~IG / ABANDONMENT OF A PORTION OF THE NORTH/SOUTH ALLEYWAY LYING WITHIN BLOCK 8, ROSEMONT PARK SUBDIVISION IN CONJUNCTION WITH BETHEL EVANGELICAL CHURCH. BACKGROUND The request involves abandoning a 16' x 50.14' portion of alleyway, containing approximately 802 sqft. (0.02 acres). The subject abandonment area represents the southern 50 feet of the remaining portion of the 16 foot alley, and is located between Lots 4 and 21 of said Block 8. The southern 103.13 feet of the originally platted alleyway was abandoned via Resolution #64-92, in June of 1992. Bethel Evangelical Church, the owner of the Lot 4, submitted the abandonment request. The Church will receive the west half of the proposed abandonment area, and the owner of Lot 21, Mr. Richard Walcott, will receive the east half. The Church plans to aggregate its portion of the abandonment area with the remainder of its property holdings (please see Reference Map "A" in the attached Planning Zoning Board Staff Report), in order to facilitate an overall site improvement project. The Church received conditional use approval for the above mentioned project, which includes parking upgrades and the conversion · of two single-family homes to church uses, on February 28, 2000. The proposed abandonment is a condition of that approval. The subject alleyway is unimproved, however municipal water & sewer mains are located in the proposed abandonment area. Florida Power & Light, Adelphia Cable, and BellSouth have also identified facilities within the subject area. All facilities will remain in their current location, as the applicant has designated the entire abandonment area as a general utility easement. I PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of February 28, 2000, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning the proposed abandonment. After reviewing the staff report and discussion, the Board voted 6 to 0 (Morris absent) to recommend approval, with the condition that the disposition of all utilities is satisfactorily addressed through the provision of replacement utility easements, before proceeding to the City Commission for final approval. RECOMMENDED ACTION I By motion, approve the abandonment of right-of-way and reserve a general utility easement over the entire abandonment area to cover the existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of February 28, 2000 S:t p&Z~boardstciJycommission~Bethel Evan Chumh Aban-CCDoc. doc RESOLUTION NO. 40-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE NORTH/SOUTH ,a,l J.F.y RIGHT-OF-WAY LYING WITHIN BLOCK 8, ROSEMONT PARK, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, an application for abandonment of a portion of the north/south alley fight-of- way lying within Block 8, Rosemont Park, as more particularly described herein, was received by the City of Delray Beach; and WHEREAS, the application for abandonment of said alley fight-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Devdopment Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on February 28, 2000, and voted to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subject to conditions; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said fight-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more parfic~l~rly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commi.qsion to vacate and abandon all fight and interest it holds to the following real property for alleyway purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, more particularly described as follows: That portion of the 16 foot alley fight-of-way lying between Lot 4, Block 8, and Lot 21, Block 8, ROSEMONT PARK, according to the Plat thereof as recorded in Plat Book 13, Page 60, of the Public Records of palm Beach County, Florida; containing approximately 802 sq.ft. Said Block 8, ROSEMONT PARK, is located on the west side of S.W. 7~ Aveniae, between S.W. 7~ Stxeet and S.W. 8e~ Court. PASSED AND ADOPTED in rega,l~r session on this the 16~ day of May, 2000. MAYOR ATTEST: - 2 - Res. No. 40-00 S.W. 7TH S.W. 8TH CT. DELRA Y BEA CH MEMORIAL GARDENS S.W. 10TH S.W. 9TH 9TH ST. STREET N ABANDONMENT - ASSOCIATED WITH BETHEL EVANGELICAL CHURCH PLANNING & ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: February 28, 2000 IV.E. Abandonment of a portion of the North/South Alleyway Lying within Block 8, Rosemont Park Subdivision in conjunction with Bethel Evangelical Church. GENERAL DATA: Owner .................................. General Public Agent/Applicant .................... Malek Abdallah Location ............................... North/South alleyway lying within Block 8, Rosemont Subdivision Property Size ........................ 0.02 Acre Existing F.L.U.M. Low Density Residential (0-5 Designation.. units/acre) Current Zoning ..................... R-1-A (Single Family Residential) Adjacent Zonings ........ North: R-1-A East: R-1-A South: R-1-A West: R-1-A Existing Land Use ................ A portion of the' 16' north/south unimproved alleyway Proposed Land Use ............. Abandonment of a portion of the 16' north/south alleyway in conjunction with the expansion of Bethel Evangelical Church Water Service ....................... n/a Sewer Service ...................... n/a S.w. 7TH "1 ~o S.W. ~TH S.W. 9Ti . I , S.W. 9TH S.W. 10TH STREET IV.E. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the north-south alley lying within Block 8 of the Rosemont Park Plat. The subject parcel is located approximately 153 feet south of S.W. 5th Street, between S.W. 7th Avenue and S.W. 8th Avenue. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. BACKGROUND This subject alleyway was dedicated with the recordation of the Plat of the Rosemont Park, (Plat Book 13, Page 60, of the Public Records of Palm Beach County, Florida), in September of 1925. Currently the subject alleyway is unimproved. L ABANDONMENT DESCRIPTION The subject alleyway is 16' x 50.14' rectangular shaped parcel, containing approximately 802 sqft. (0.02 acres). The subject parcel represents the southern 50 feet of the remaining portion of the 16 foot alley, and is located between Lots 4 and 21 of said Block 8. The southern 103.13 feet of the originally platted alley was abandoned via Resolution ~o4-92, in June of 1992. Please see Reference Map 'A; for the following section. Bethel Evangelical Church, the owner of the Lot 4, submitted the abandonment request. The Church also owns Lots 5, 6, 19, & 20, of said Block 8, and three parcels in the subdivision to the south. The abandonment area is to be aggregated with the remainder of the Church holdings, in order to facilitate an overall site improvement project. The proposed project will convert two (2) single family homes to church uses, increase seating from 204 to 270 seats in the main sanctuary, and upgrade parking throughout the site. The applicant has concurrently submitted a conditional use modification for the above-described project. The proposed abandonment will bea condition ofthe modification. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from e single parcel shall be returned to that parcel; properly dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. Planning and Zoning Board Staff Report Alleyway Abandonment, Block 8, Rosemont Park Page 2 Accordingly, the Applicant is entitled to the west eight (8) feet of the subject abandonment, as they are the fee simple owners of Lot 4. Richard Walcott, the fee-simple owner of Lot 21 is entitled to the east eight (8) feet. Improvements in the Alley Currently the subject alleyway is unimproved. The alley is clear of excessive vegetative growth, and has presumably been maintained by the Church. The base of a dilapidated fence encroaches 0.5 feet into the abandonment area, fi.om Lot 4. ABANDONMENT AREA (Looking North) Utility Services The Environmental Services Department has identified both water & sewer lines located within the subject area. Environmental Services has no objection to the abandonment if a replacement utility easement is provided over the affected area. The granting of said easement shall be a condition of approval for this abandonment. Flodda Power & Light and Aldelphia Cable have identified existing utilities in the alleyway. FPL and Adelphia are requesting replacement easements or relocation Planning and Zoning Boen:l Staff Report AJleyway Abandonment, Block 8, Rosemont Park Page 3 of their facilities. Satisfactory disposition of this issue will be a condition of approval for this abandonment. BellSouth has identified underground utilities in the subject area, and is requesting a 12-foot replacement easement to cover the existing facilities. Provision of the easement will be a condition of approval for this abandonment. The City's Fire Department has reviewed the request and has no objection to the abandonment. The Florida Public Utilities Company has also reviewed the requested abandonment, and has no objection. REQUIRED FINDINGS J Pursuant to LDR Section 2.4.6(0)(5), pdor to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Currently, the right-of-way is unimproved, and there are no plans to improve it in the future. The City has no plans to utilize this alleyway for any other purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject alley will not prevent access to any adjacent parcel. All parcels on Block 8 take primary access from S.W. 8th Avenue or S.W. 7TM Avenue. Lots to the north of the abandonment area will maintain secondary access through the remainder of the alleyway. The applicant owns the adjacent lots to the south. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the generel area. Currently water & sewer mains are located in the abandonment area. In addition, Florida Power & Light, Adelphia Cable, and BellSouth have identified existing utilities in the subject area. The existing utilities will be accommodated through the reservation of replacement easements or relocation of said facilities, so that they will provide the same or better services to the surrounding area. This will be a condition of approval for this abandonment. Planning and Zoning Board Staff Report AJleyway Abandonment, Block 8, Rosemont Park Page 4 REVIEW BY OTHERS The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency). The CRA considered the proposed abandonment at its February 10th meeting, and recommended approval. The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Courtesy Notices: Courtesy notices have been provided to the following: Carver Estates, Director Carver Square Homeowners Association Delray Beach Heights Homeowners Association Rosement Homeowners Association Bellehaven Homeowners Association Ebony of Delray Homeowners Association PROD - Progressive Residents of Delray President's Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT ' : ~ : I The alleyway is unimproved and there are no plans to improve it. As the subject area is the southern end of the existing alley, lots to the north will not be affected by this action. The proposed abandonment will facilitate the upgrading of the Bethel Church site through an overall development plan, which will have a positive effect on the surrounding area. Disposition of existing utility services located within subject area must be resolved before this abandonment can advance to the City Commission for final approval. Planning and Zoning Board Staff Report AJieyway Abandonment, Block 8, Rosemont Park Page 5 ALTERNATIVE ACTIONS 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5). 3. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). RECOMMENDED ACTION By motion, recommend to the City Commission approval of the abandonment of the portion of the noAh-south alley within Block 8, Rosemont Park Plat, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following condition: 1. The disposition of all utilities is satisfactorily addressed through the provision of replacement easements or relocation of existing facilities, before proceeding to the City Commission for final approval. Attachments: · Location Map · Reference Map "A" · Reduced Survey File: S:~=lanning&Zoning~3ards~P&Z~Bethel Abandonment. doc 7TH ST. DELRA Y BEA CH MEMORIAL GARDENS $.W. 8TH CT. S.W. 9TH ST. S.W. 9TH CT. lOTH STREET N ABANDONMENT - ASSOCIATED WITH BETHEL EVANGELICAL CHURCH - L I[ I I S.W. 7TH STREET DELRAY z _ ~ 22 z "~ LOT 4 ~ ~,,,,o~ 21 I oL~'~ r~ S I C I H OH S.W. 8TH COURT EXISTIN8 ~ND USE MAP LEGEND: .~ ~..~,~ ~.~. LOT NUMBER - ~ ~ ~AND~MENT AREA - ~ C~TY OF DELRAY BEACH, FL PLANNING · ZONING DEPAR~ENT CITY JIF DELRR¥ BEREH FIRE DEPARTMENT DELRAY BEACH ®MEMORANDUM 1993 TO: FROM: DATE: SERVING DELRAY BEACH · GULFSTREAM DAVID ~ I~ARDEN, CITY MANAGER HIGHLAND BEACH SUBJECT: REQUEST CITY COMMISSION APPROVAL AND RESOLUTION TO ALLOW PARTICIPATION IN THE PALM BEACH COUNTY E.M.S. GRANTS PROGRAM. Each year the County E.M.S. Grants Program makes funds available to licensed E.MS. Providers. To utilize these non-matching funds we must submit an application requesting the purchase of equipment or services that are not budgeted through the City and a supporting resolution from the City Commission. The resolution is needed to demonstrate that the Delray Beach Fire and Emergency Medical Services Department, in fact. represents the Emergency Medical Services for the City and that the equipment or services purchased with these funds expands and improves the level of care provided to our citizens. For FY 2000-01 we wish to submit three (3) grant applications: 1. Capnography Monitors - 8 units at $1,700 each for a total of $13,600. (See attached copy from the grant application for description) 2. IV Infusion Pumps- 6 units at $4,650 each for a total of $27,900. (See attached copy from the grant application for description) 3. EMS Bike Patrol - 3 units at $1,900 each for a total of $5,700. (See attached copy from the grant application for description) We request this item be placed on the May 16, 2000 agenda. Division Chief Richard Murphy has forwarded the information for the resolution to Barbara Garito. FIRE DEPARTMENT HEADQUARTERS" 501 WEST ATLANTIC AVENUE" DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400" FAX (561) 243-7461 Printed on Recycled Paper ~ · ~ RESOLUTION NO. 38-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, REQUESTING FLrNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2000/2001. WHEREAS, the Delray Beach Fire and l~mergency Medical Services Department represents the emergency medical services interests of the City of Delray Beach; and WHEREAS, the Delray Beach Fire Deparement is requesting funding for FY 2000/2001 through the palm Beach County F:,mergency Medical Services Grant Award ptogeam for the purchase of eight (8) Capnogxaphy Monitors, six (6) IV Infusion Pumps, and three (3) EMS Patxol Bikes; and WHEREAS, the City of Delray Beach Fire Depaxtment is eligible to receive funds collected by the Office of Emergency Medical Services pursuant to Chapter 401.113, Florida Statutes; and WHEREAS, the equipment to be purchased with these funds will et~h~nce the City's overall emergency medical services operation and improve the delivery and level of emergency medical care provided to the citizens of and visitors to the City of Delmy Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DI~.I.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor of the City of Deltay Beach is hereby authorized to execute all doo,ments which are necessary to complete the request for funds from the p~lrn Beach County Emergency Medical Services Grant Award program. PASSED AND ADOPTED in reg~,l~* session on this the 162 day of May, 2000. MAYOR DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT OFFICE OF EMERGENCY MEDICAL SER VICES PALM B EA CH CO.'YNTY EMS GRANT A WARD APPLICATION Organization: Delray Beach Fire Department Authorized Official:Robert B. Rehr Title: Fire Chief Alternate Official: Title:. Mailing Address: 501 West Atlantic Avenue, Delray Beach. FL 33444 Telephone: (561) 243-7400 Fax: (561) 243-7461 Authorized Contact Person: Richard Murphy Title: Division Chief Mailing Address: 501 West Atlantic Avenue, Delra¥ l~each, FL 33444 Telephone: (561) 243-7444 Fax:_~ 243-7461 ' Agency's Legal Status: City/Municipality First Responders: Please attach a copy of your MOU with a licensed provider. If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you cooperate with the provider, or that you requested but did not receive a response from the providers in your area. Your Federal Tax ID Number: VF 59-6000308 Identify the EMS county plan goals this project will accomplish in whole or in part: Reduce mortatility and morbidity using state of the art equipment Communications Projects: All grant applications which involve communications equipment and/or services, in total or in part, will be reviewed by the State of Florida Division of Information Technology. Final approval must be obtained prior to any purchase commitment. o Background: Describe your agency, its operations, and how it relates to other EMS agencies in your area. Also, provide a description of your major resources including the number ,of employees, vehicles, and equipment. The Delray Beach Fire Department responds to all cal!s for assistance within the City' cf Delray B~-,::h and contracted areas of the Town of Gulf Stream and Town of Highland Beach. Th~se include fire suppression, special operations, fire prevention and safety, injury prevention, disaster response and emergency medical service including transportation. We began oar EMS service in the 1950's providing basic first aid, evolving into the paramedic level service in 1979. Currently, we provide first response medical assessment and treatment at the advanced life support level and transportation to local hospitals and trauma centers. Our annual budget is $10.2 Million. We have 138 full time employees. . We operate six (6) paramedic rescue vehicles with (2) in reset'ye for back-up and maintenance with cellular phone/fax capabilities. Our remaining fleet consists of six (6) Engines, three (3) Aerial Trucks, one (1) Brush Truck, one (1) Special Operations Truck, one (1) Tanker, two (2) Command vehicles, two (2) golf carts, one (1) Public Education unit, twelve (12) staff cars for a total of thirty-seven (37) units. Other resources are provided under an existing countywide mutual aid agreement. Grant History: Briefly describe your current and previous grant awards for the past three y&a~s. Explain how this application does not conflict or duplicate them. In the past three years, the Delray Beach Fire Department has received grant awards that would enhance our medical equipment and response. We have added cardiac monitor/defibrillators, AED's and a golf cart to our service. You may attach additional pages, if necessary, to complete sections eight and nine. 2 10. Project Need Statement: Write a clear, concise statement describing the need(s) addressed by this project. This must include 1) numeric data, 2) time frame for the data, 3) source of the data, and 4) the ' ' involved target population and geographic area. In calendar year 1999, Delray Beach Fire Depart,rn, ent medical records indicate there were 8,161 medical calls of these 1,423 patients required intubation. The service are~ ~'or the City of Delray Beach, Town of Gulf Stream and Town of Highland Beach, is 18.1 square miles, has a population of 57,780 according to statistics from the University of Florida. Advancements in the means of proper ventilation has resulted in measuring the end tidal CO2 of intubated patients. Capnography is a necessary part of monitoring and analysis of these patients. Capnography provides a means to access not only the alveolar ventilation, but also the integrity of the airway, cardiopulmonary function, subtleties of rebreathing and other fine points in the respiratory cycle. These points are especially important in the field where auscultation of the lungs may be limited or hindered by extraneous noises or conditions. In addition, it can detect esophageal intubation, circuit disconnection, apnea, total airway obstruction, cardiac arrest or failure to restore cardiopulmonary function with external chest compressions secondary to either mechanical or obstructive causes. No other device or technique has proven more effective at the detection of esophageal intubation or in documenting the failure to restore cardiopulmonary function. Capnography provides the paramedic with real data, to make diagnostic, and therapeutic, decisions that were purely guesswork previously. Currently we have no means other than auscultation of the lungs to ensure adequate ventilations. 11. Project Outcome Statement: Wrlte a concise quantifiable statement describing the degree to which the need(s) will be changed by the project. This must contain the same four characteristics as the need statement and indicate the evaluation methods used to measure the efficiency and/or effectiveness of the project's outcome. With the addition of capnography units, we will enhance the level of service by accurately providing quantitative data regarding the efficacy of ventilation and resuscitation efforts 100% of the time. Reviewing the medical records from the Delray Beach Fire Department through, its Q/A process will provide evaluation of the effectiveness of this program. You may attach additional pages, if necessary, to complete section ten and eleven. 3 Major Activities and Time Frames: You must follow your schedule, if grant is awarded, and justify your time frames. ~Aetivitv Number of Months After Grant Starts Receive Grant Awai'd Notification Bid Process Bid Award and Order Equipment Receive Equipment Train Personnel Place into service 30 Days (1 Month) 5 Days (1 Week) 30 Days (1 Month) 10 Days (2 weeks 5 Days (1Week) 80 Days (2.75 Months) You may attach additional pages, if necessary, to complete section twelve. 4 13. Budget: The applicant must submit a written price quote for each line item. For equipment include, the cost per item, quantity, and cite vendor information. For each type of position, include the pay per hour, number of hours, and cost of each benefit. For expenses, include unit costs (e.g. if rental give the cost per square foot). Items/Ouantities and Positions/FTEs Cost Per Unit Total 6 Capnography units $3,250.00 $19,500.00 You may attach additional pages, if necessary, to complete this item or justify any budget item or its quantity. 5 14. Medical Director's Approvals: These are required forall projects which involve professio?al education, medical equipment, or both. . , (1) mfessional Education. All continuing education described in this application will be developed and conducted with my input and approval. Medical Director.', Signature Date 15. 16. Printed Name:. (2) Medical E ui merit. I hereby affirm my authority and responsibility for the use of all medical equipment in this project. Medical Director: .,/~,~f~,~ ~_~,.~ v,-~ ~ -..).~ -0 o Signature Date PrintedName: ff_.~,x~'.%.z~- ~. c. ooc,~,~, ~ Resolution: Attach a resolution from the Governing Board(s), City Commission, Town Council, Board of Directors, etc. certifying that monies from the EMS County Grant Award will; improve and expand prehospital services in that coverage area. not to be used to supplant existing provider's budget allocation. · meets the goals and objectives of the EMS County Grant Plan. Certification: I, the undersigned official of the previously named entity, certify that to the best of my knowledge and belief all information contained in this application and its attachments are true and correct. - - - I understand my signature acknowledges that I will comply fully with all with the State Bureau of Emergency Medical Services and Palm Beach County's Rules and Regulations governing the administration of the State of Florida Emergency Medical Services Grant Program for Counties..~~ ,~ Authorized Official: ~'~ ' Signatt~re / Date Fire Chief Robert B. Rehr .. PrintedName Title 6 pHY$10-CONT£OL Quotation #: SMB7323319-A To: Lieutenznt Bradford Fitzer City of Deb'ay Beach Fire Department 501 West Atlantic Avenue Defray Beach, FL 37.~.~. FAX: 561-243-7461 Page #: 1 Quote Date: 2/8/2000 Sales Representative: Charlee Oliver 800-a42-1142 x2648 FOB: Redmond, WA Shipping: 15-30 Terms: Net 30 Days Part # 1. 3012174-000 This quote is firm until: 3/27/2000 DescrJntlon LIFECAPTM handheld capnograph Includes carrying case, rechargeable batteD' pack, one Adult/Pediatric FiltcrLineTM set, one Adult Nasal FilterLine, one Adult Airway Adapter, one InfanENeonatal Airway Adapter and operating instructions. Unit Otv Price Total I $3,250.00 $3,250.00 TOTAL THIS QUOTE $3,250.00 NOTE: TERMS CONTAINED ON THE REVERSE SIDE OF THIS DOCUMENT ARE EXPRESSLY MADE PART OF THIS SALES AGREEMENT 'S M B AND ARE INCORPORATED HEREIN. DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT OFFICE OF EMERGENCY MEDICAL SERVICES PALM BEACH COUNTY EMS GRANT AWARD APPLICATION Organization: Delray Beach Fire Department AuthorizedO~ficial:Robert B. Rehr Title: Fire Chief Alternate Official: Title: Mailing Address:_ 501 West Atlantic Avenue, Delray Beach. FL Telephone: (561) 243-7400 Fax: (561) 243-7461 Authorized Contact Person: Richard Murphy 33444 Title: Division Chief Mailing Address: 501 West Atlantic Avenue~ Delrav Beach~ FL 33444 Telephone: (561) 243-7444 Fax :.._(.~ 243- 74_~' Agency's Legal Status: City/Municipality First Responders: Please attach a copy of your MOU with a licensed provider. If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you cooperate with the provider, or that you requested but did not receive a response from the providers in your area. Your Federal Tax ID Number: YF 59-6000308 Identify the EMS county plan goals this project will accomplish in whole or in part: Reduce morlSidit¥ and mortality dt,a t~ e_~ra~ne rol~ ~-,e,'gencies Communications Projects: All grant applications which involve communications equipment and/or services, in total or in part, will be reviewed by the State of Florida Division of Information Technology. Final approval must be obtained prior to any purchase commitment. Background: Describe your agency, its operations, and how it relates to other EMS agencies in your area. Also, provide a description of your major resources including the number employees, vehicles, and equipment. The Delray Beach Fire Department responds to all, calls for assistance within the City of Delray Beach and contracted areas of the Town of Gulf Stream and Town of Highland Beach. These include fire suppression, special operations, fire prevention and safety, injury prevention, disaster response and eme[qency medical service including transportation.- We began our EMS service in the 1950's providing basic first aid, evolving into the paramedic level service in 1979. Currently, we provide first response medical assessment and treatment at the advanced life support level and transportation to local hospitals and trauma centers. Our annual budget is $10.2 Million. We have 138 full time employees. We operate six (6) paramedic rescue vehicles with (2) in reserve for back-up and maintenance with cellular phone/fax capabilities. Our remaining fleet consists of six (6) Engines, three (3) Aerial Trucks, one (1) Brush Truck, one (1) Special Operations Truck, one (1) Tanker, two (2) Command vehicles, two (2) golf carts, one (1) Public Education unit, twelve (12) staff cars for a total of thirty-seven (37) units. Other resources are provided under an existing countywide mutual aid agreement. Grant History: Briefly describe your current and previous grant awards for the past three years. Explain how this application does not conflict or duplicate them. In the past three years, the Delray Beach Fire Department has received grant awards that would enhance our medical equipment and response. We have added cardiac monitOr/defibrillators, AED's and a golf cart to our service. You may attach additional pages, if necessary, to complete sections eight and nine. 2 10. Project Need Statement: Write a clear, concise statement describing the need(s) addressed by this project. This must include 1) numeric data, 2) time frame for the data, 3) source of the data, and 4) the ' ' involved target population and geographic area. In Calendar Year 1999, Delray Beach Fire Rescue Medical Records show that there were 8,161 medical calls, of these 2,668 were cardiac calls requiring 12-Lead EKG's. The service area for the City of Delray Beach, Town of Gulf Stream and Town of Highland Beach, which is 18.1 square miles, has a population of 57,780 with 46% over the age of 50 according to statistics from the University of Flodda and Florida Atlantic University. Advancements in the medical treatment ofischemic heart disease include precise delivery of parenteral medications to a patient in acute distress. Intravenous Nitroglycerin delivered by an infusion pump has been the standard of Care in the Emergency Department and Intensive Care Units. The benefits of intravenous Nitroglycerin by an infusion pump include the immediate onset of action and minute by. minute control of the dose so that hypotension does not develop, as is it commonly does when given sublingually. Hypotension in the patient with myocardial ischemia may cause more damage to nutrient starved myocardial cells, converting a small area ofischemia into a larger one. The latest edition of the Advanced Cardiac Life Support book by the American Heart Association states that "with unstable angina pectoris or myocardial infarction IV administration is preferred." Intravenous infusion pumps will raise the level of pre-hospital care being delivered. Currently DBFD does not administer IV Nitroglycerin. Our need is to equip six (6) ALS transport units with IV pumps to provide immediate onset of action and minute by minute control of Nitreglycefin. This will reduce the chances of hypotension and the ischemic area enlarging do to hypotension. l l. Project Outcome Statement: Write a concise quantifiable statement describing the degree to which the need(s) will be changed by the project. This must contain the same four characteristics as the need statement and indicate the evaluation methods used to measure the efficiency and/or effectiveness of the project's outcome. With the addition of IV infusion pumps and Intravenous Nitroglycerin capabilities on our six (6) ALS transport units in our service area, we will be able to provide defir~i'ti~/e cardiac care to cardiac/heart patients 100% of the time while reducing the area of myocardial ischemia due to hypotension. The Quality Management Team and Medical Director, through medical record review, will monitor the program to ensure correct medication administration is being accomplished and the "Cardiac Alert" program is being followed. You may attach additional pages, if necessary, to complete section ten and eleven. 3 12. Major Activities and Time Frames: You must follow your schedule, if grant is awarded, and justify your time frames. ~Activit¥ Number of Months After Grant Starts Receive Grant Award Notification Bid Process Bid Award and Order Equipment Recelve Equipment Train Personnel Place into service 30 Days (1 Month) 5 Days (1 Week) 30 Days (1 Month) 10 Days (2 weeks 5 Days (1Week) 80 Days (2.75 Months) You may attach additiOnal pages, if necessary, to complete section twelve. 4 ~I/:IY~. ~. ~000 ~: 34PM PBC EMRG MED SVCS 13. Budget: The applicant must submit a written pri¢ include, the cost per item, quantity, and cite vend include thc pa), per hour, number of hours, and c~ unit costs (e.g. if rental give the cost per square t ems/Ouantities and Posltions/FTEs Equipment 6 - IV Infusion pumps You may attach additional pages, it'necessary, to complete this item its quant/ry. quote for each line item. For equipment ~r information. For each type ofposi.tion, st of each benefit, For expenses, include . Cost Per U,nit, Total $ $ 4,650 27,900 or justify any budget item 14. 15. 16. Medical Director's Approvals: These are required forall projects which involve professional education, medical equipment, or both. ' ' (I) Professional Education. All continuing education described in this application will be developed and conducted with my input and approval. Medical Director: Signature Date Printed Name: (2) Medical E ui ment. I hereby affirm my authority and responsibility for the use of all medical equipment in this project. Medical Director: //~~--~z/°'~ ~ ~- ~'~ -o ~ Signature Date Printed Name: Resolution: Attach a resolution from the Governing Board(s), City Commission, Town Council, Board of Directors, etc. certifying that monies from the EMS County Grant Award will: improve and expand prehospital services in that coverage area. not to be used to supplant existing provider's budget allocation. · meets the goals and objectives of the EMS County Grant Plan. Certification: I, the undersigned official of the previously named entity, certify that to the best of my knowledge and belief all information contained in this application and its attachments are tree and correct. I understand my signature acknowledges that I will comply fully with all with the State Bureau of Emergency Medical Services and Palm Beach County s Rules and Regulations governing the administration of the State of Florida Emergency Medical Services Grant Program for Counties. ~. ~_ . ..~~.,~./ Authorized Official: Signature Date Robert B. Rehr ~ Printed Name Title Fitzer, Raymond From: Sent: To: Subject: Quinlan, Julie [JQuinlan@alarismed.com] Wednesday, February 23, 2000 11:51 AM 'rbfitzer@gate.net' rnedsystern iii pricing Bi, Brad! It was nice talking to you this morning. As we discussed, I will be sending you literature regarding our MedSystem III Infusion System. While we still have the version that you ~robably saw at the trade show last June, we also have an upgraded version (MedSystem III DLE) which includes software for a Drug List Editor (DLE). The DLE is a complementary PC-based software accessory package that allows the creation of customized Dose Rate Calculator drug list defaults. This includes the ability to add, delete, or modify these defaults and drug names. Brad, ! will include information regarding this latest generation of the MedSystem III in your package for tomorrow. I will be happy to go over it with you upon receipt· Therefore, below is pricing for both MedSystem Ills, based on the purchase of (6) units. Model 2865 is the version which includes the DLE software· Model Price/unit Extended Price 2863 $ 4,450.00 $26,700.00 2865 $ 4,650.00 $27,900.00 Per your request, this is considered my Outright Sale Price· I do have an EMS Program going on at this time that you would qualify for, which is based on quantity· This program is effective until May 31, 2000. We can go over that when you are ready· Brad, I am waiting on an answer regarding availability in order to send you a demo unit. Also, I would like to talk with you after you receive the literature to determine which version you would like to evaluate. I appreciate your interest in ALARIS Medical System's products and services. Please feel free to contact me at 800-854-7128 x7849; otherwise, I will be following up with you shortly. Best regards, Julie Quinlan Julie Quinlan Corporate Sales Representative ALARIS Medical Systems 10221 Wateridge Cirlce San Diego, California 92126 PH: 800/854-7128 x7849 FX: 858/458-6108 jquinlan@alarismed.com DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT OFFICE OF EMERGENCY MEDICAL SERVICES PALM BEACH COUNTY EMS GRANT AWARD .APPLICATION Organization: Delra¥ Beach Fire Department AuthorizedOfficial:Robert B. Rehr Alternate Official:, Title: Fire Chief Title:. Mailing Address: 501 West Atlantic Avenue, Telephone: ( 561 ) 243- 7400 Authorized Contact Person: Richard Murphy Title: Division Chief Delrav Beach. FL 33444 Fax: (561) 243-7461 ' Mailing Address: 501 West Atlantic Avenue, Delrav Beach. FL 33444 Telephone: (561) 243-7444 Agency's Legal Status: City/Municipality First Responders: Please attach a copy of your MOU with a licensed provider. If you do not have a MOU, attach documentation that you made reasonable efforts to get one, that you cooperate with the provider, or that you requested but did not receive a response from the providers in your area. Your Federal Tax ID Number: VF 59- 6000308 Identify the EMS county plan goals this project will accomplish in whole or in part: Reduction of response times Communications Projects: All grant applications which involve communications equipment and/or services, in total or in part, wil~ be reviewed by the State of Florida Division of Information Technology. Final approval must be obtained prior to any purchase commitment. Background: Describe your agency, its oPerations, and how it relates to other EMS agencies in your area. Also, provide a description of your major resources including the number of employees, vehicles, and equipment. The Delray Be.ach Fire Department responds to all calls for assistance within the City of Delray Beach and contracted areas of the Town of Gulf Stream and Town of Highland Beach. These include fire suppression, special operations, fire prevention and safety, injury prevention, disaster response and emergency medical service including transportation.. We began our EMS service in the 1950's providing basic first aid, evolving into the paramedic level sen/ice in 1979. Currently, we provide first response medical assessment and treatment at the advanced life support level and transportation to local hospitals and trauma centers. Our annual budget is $10.2 Million. We have 138 full t me e.mployees. We operate six (6) paramedic rescue vehicles with (2) in reserve for back-up and maintenance with cellular phone/fax capabil~tles. Our remaining fleet consists of six (6) Engines, three (3) Aerial Trucks, one (1) Brush Truck, one (1) Special Operations Truck, one (1) Tanker, two (2) Command vehicles, two (2) golf carts, one (1) Public Education unit, twelve (12) staff cars for a total of thirty-seven (37) units. Other resources are provided under an existing countywide mutual aid agreement. Grant History: Briefly describe your current and previous grant awards for the past three years. Explain how this application does not conflict or duplicate them. In the past three years, the Delray Beach Fire Department has received grant awards that would enhance our medical equipment and response. We have added cardiac monitOr/defibrillators, AED's and a golf cart to our service. You may attach additional pages, if necessary, to complete sections eight and nine. 2 10. Project Need Statement: Write a clear, concise statement describing the need(s) addressed by this project. This must include 1) numeric data, 2) time frame for the data, 3) source of the data, and 4) the involved target population and geographic area. The Delray'Beach Fire Department provides EMS site coverage for City sponsored special events held throughout the year. Data received from the Chamber of Commerce and the Parks & Recreation Department for the City shows that in FY 97~98 there were 1,068,00 visitors in attendance, and FY 98/99 there were 1,228,200 visitors. This is an increase of 15% in total attendance of special events. Run Report and Dispatch records from the Delray Beach .Tire Department indicate that in FY 98/99 there were 45 EMS calls associated with special events. An EMS Bike Patrol designed to deliver Emergency Medical Services in the unique environment associated with large crowds is needed 11. Project Outcome Statement: Write a concise quantifiable statement describing the degree to which the need(s) will be changed by the project. This must contain the same four characteristics as the need statement and indicate the evaluation methods used to measure the efficiency and/or effectiveness of the project's outcome. By adding an EMS Bike Patrol, EMS delivery and response by the Delray Beach Fire Department will be enhanced to serve the 15% increase in visitor attendance 100% of the time. Evaluation of the Bike Patrol's effectiveness will be performed by reviewing Dispatch and Run Report Records from the Delray Beach Fire Department. You may attach additional pages, if necessary, to complete section ten and eleven. 3 12, Major Activities and Time Frames: You must follow your schedule, if grant is awarded, and justify your time frames. ~ctivitv Number of Months After Grant Starts Receive Grant Award' Notification Bid Process Bid Award and Order Equipment Receive Equipment Train Personnel Place into service 30 Days (1 Month) 5 Days (1 Week) 30 Days (1 Month) 10 Days (2 weeks 5 Days (1Week) 80 Days (2.75 Months) You may attach additional pages, if necessary, to complete section twelve. 4 13. Budget: The applicant must submit a written price quote for each line item. For equipment include, the cost per item, quantity, and cite vendor information. For each type ofpositio, n, include the pay per hour, number of hours, and cost of each benefit. For expenses, include unit costs (e.g. if rental give the cost per square foot). ~[tems/Quanfities and Positions/FTEs Cost Per Unit Total 3 EMS BicyCles with equipment EMS Bicycle Operations Course (3 Students) $1,900.00 $5,700.00 $ 176.00 $ 528.00 . $6,228.00 You may attach additional pages, if necessary, to complete this item or justify any budget item or its quantity. 5 14. 15. 16. Medical Director's Approvals: These are required foral_Jl projects which involve professional education, medical equipment, or both. ~. (1) Professional Education. All continuing education described in this application will be develo.ned and conducted with my input and al~proval. Medical Director:. Signature Date Printed Name: (2) Medical Equipment. I hereby affirm my authority and responsibility for the use of all medical equipment in this project. Medical Director: Signature 0 / Date Printed Name: Resolution: Attach a resolution from the Governing Board(s), City Commission, Town Council, Board of Directors, etc. certifying that monies from the EMS County Grant Award will: · improve and expand prehospital services in that coverage area. · not to be used to supplant existing provider's budget allocation. · meets the goals and objectives of the EMS County Grant Plan. Certification: I, the undersigned official of the previously named entity, certify that to the best of my knowledge and belief all information contained in this application and its attachments are true and correct. - .... I understand my signature acknowledges that I will comply fully with all with the State Bureau of Emergency Medical Services and Palm Beach County's Rules and Regulations governing the administration of the State of Florida Emergency Medical Services Grant Program for Counties. ~/..~ AuthorizedOfficia': ~"',~',~--~'~/'~f - ~- ~ ~ '-- / Signat~r~ ~ ~' Da[e Robert B. Rehr Fir_~.__qh.,~fl.f~ Printed Name Title 6 RIDE SAFE AND ALWAYS WEAR YOUR HELMET! RETURNS SUBJECT TO 15% RESTOCKING FEE NO WARRANTY ON TIRES OR TUBES! RICHWAGEN'S CYCLE CENTER, 217 EAST ATLANTIC AVENUE DELRAY BEACH, FL 33444 (561) 276-4234 INC. DRT.RAy FIRE RESCUE 501 WEST ATLANTIC AVE ATT.BRAD FITZER DELRAY BEACH, FL 33444 Authorization Signature: No.: T01012686 Customer No.: 243-7400 Salesperson: Date: APRIL 28, 2000 Product Code Description Qty Unit Price Extended K-2 RAZOR BACK HT MTB "1.00 1900.00 1900.00 N DUEL HEAD LIGHT SYSTEM 1.00 0.00 0.00 T VISTA FRT/REAR STROB LITE 1.00 0.00 0.00 T JAND REAR HEAVY DUTY RACK 1.00 0.00 0.00 T REAR PANNIER BAGS 1.00 0.00 0.00 T TOP RACK BAG 1.00 0.00 0.00 T FRONT BAG 1.00 0.00 0.00 T TRICO GEL SEAT 1.00 0.00 0.00 T WATER BOTTLE CAGES 1.00 0.00 0.00 T WATER BOTTLE 1.00 0.00 0.00 T SIREN 1.00 0.00 0.00 T BELL HELMET 1.00 0.00 0.00 T PRODUCTS SUBTOTAL: $1900.00 SUBTOTAL --- 1900.00 TOTAL $1900.00 Thank you for letting us serve you! FOR OVER 40 YEARS! (est.1958) Memorandum DATE: TO: FROM: RE: May 12, 2000 David T. Harden - City Manager Lula Butler- Director, Community Improvement Habitat for Humanity Resolution ITEM BEFORE THE COMMISSION' Request to adopt Resolution 42-00 certifying Habitat for Humanity's compliance to regulations. BACKGROUND: State and Federal regulations require that agencies proposing to use public assistance to carry out their projects, must obtain a letter of determination that the proposed use of funds is consistent with the goals and objectives approved under the required Consolidated and/or Housing Assistance Plan. Habitat for Humanity builds affordable, single family homes, which target very Iow and Iow-income residents. These activities are consistent with policies and goals adopted under both the City's Housing Assistance Plan and our five-year Consolidated Plan. RECOMMENDATION: Staff recommends approval of Resolution 42 -00, LB: DQ Attachment Habitresolution.CC RESOLUTION N0.42-00 A'RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CERTIFYING THAT THE SOUTH PALM BEACH COUNTY HABITAT FOR HUMANITY PROGRAM OPERATING IN THE CDBG INCOME ELIGIBLE AREAS OF THE CITY OF DELRAY BEACH IS CONSISTENT WITH THE GOALS AND OBJECTIVES OF THE CONSOLIDATED PLAN AND COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT REGULATIONS OF THE CITY; PROVIDING AND EFFECTIVE DATE. WHEREAS, it is necessary and in the public interest that the City of Delray Beach certify that the South Palm Beach County Habitat Program is consistent with polices and goals adopted under the consolidated plan and housing assistance plan and regulations in order to comply with the provision of the Community Improvement Act of 1980; and WHEREAS, the Community Development Block Grant (CDBG) income eligible areas have been designed as specifically targeted neighborhoods by the City of Delray Beach; and WHEREAS, the South Palm Beach County Habitat program is a specific program designed to offer home ownership to Iow income residents in an effort to stem further decline in CDBG income eligible areas and should receive full endorsement and support from the City of Delray Beach; and WHEREAS, the Community Improvement Act of 1980, requires that a resolution be passed by the local government certifying that a project applying for approval from the State of Florida under the Act is consistent with local plans and regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The South Palm Beach County Program complies with approved consolidated plan and housing assistance plan and regulations for the improvement of the CDBG income eligible areas as designated by the City Commission of the City of Delray Beach, Florida. This resolution shall be forwarded to the State of Florida, Department of Community Affairs, to enable Habitat for Humanity of South Palm Beach County participate in the State of Florida's Community Improvement Act of 1980. Section 2. This resolution shall become effective immediately upon adoption by the City Commission of the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 16~ of May, 2000. A~.~/S T: City Clerk MAYOR Res. No. 42-00 HABITAT FOR HUMANITY of South Palm Beach County, Inc. 2200N. W. 2ndAvenue, Suite209 Boca Raton, Florida 33431 ~'~ (561) 394-6070 (561) 394-7621 Fax www. hfhboca, org May 9, 2000 Barbara Garito Deputy City Clerk City Commission 100 NW 1st Avenue Delray Beach, FL 33~.~.~ Re: Habitat For Humanity of South Palm Beach County Dear Barbara, As a follow up to our conversation, attached please find a Resolution which needs to be presented at the May 16, 2000 City Council Meeting. Habitat for Humanity of South Palm Beach County is submitting a proposal to become a sponsor for the Community Contribution Tax Credit Program and as part of that process we need to obtain signatures on the attached resolution. I have also attached a narrative, which describes what Habitat is all about. I will be at the meeting on May 16, 2000 at 6:00p.m. If you have any questions please feel free to call me at 561-989-9935. Hard copy of the entire package will follow. Sincerely, ~-Richman Habitat Board of Director Fundralsing Committee HABITAT FOR HUMANITY of SOUTH PALM BEACH COUNTY, iNC. Habitat for Humanity International was founded in 192,6 and has built mom than 78,000 homes world wide, including 2.8,000 in the United States. Currently, there are 1490 affiliates in the USA, and 302 foreign affiliates serve 64 coun~as in the Middle East, Africa, Asia~ Europe, Canada-, I-aJmArner~and the Caribbean. The goal of Habitat is to complete its 100,000th house before the end of the year 2000. The Sou~ Palm Beach County affillate-,cha~md in 1991, hescompleted 35 honx=s -. 9in Boca Raton, 2.4 in Delray Beach and 2. in Boynton, housing 133 family members. Consffuajon was begun on house #36 at 45 NW 8th Ave in Delray in January 2000~ and 2, houses in Boynton at412 and 416 NW 5th Avenue were begun in March. Volunteer labor is by Collegiate Challenge and Circle of Friends. Collegiate Challenge consists of college students who spend their sgrinEbreak working with ourlocal v-~or~Jnteers. Circle of Friends is a group of churches who have banded together to provide volunteer labor for these projects. Our plan is to complete 6 new houses this yeariffBoca Raton, Dalray and Boyj~[u~. Long-term goal is to build six houses each year in these areas. Habitat builds simple but decent homes with God's ~ in naed, usingmainly vol~,r labor. The homes are not given away, but am sold at ~ for betweei~ $57,000 and $59,000 and provide a 0% interest mortgage. Payments ra~e arnund $400, with the pfimipat porlJon goinginto a revok4~g fund used to conslz'uct more Habitat homes, For each house-we complete, we ~ $t,000 to Habitat internaJonal for cons~ctlon of homes in our foreign affiliates. This can build an entire house in some developing coun~es. Our affiliate has chosen to partner with Haiti Habitat for our tithe, and our tithing has flrianced 50 new hon~ in Haiti. Families are selected for homes based on (1) NEED (2) ABILITY TO PAY THE MORTGAGE, and (3) THEIR WILLINGNESS TO PARTNER WITH HABITAT AND THE COMMUNITY. We are a nondiscriminatory, equal housing lender. We target Iow income families who would not no~aliy: ([ualify for a conventional home loan. We like to think of ourselves as offering a "HAND UP' rather than a "HAND OUT", in order to help them achieve the American dream of home ownership. Each family is required to work 500 hours ("sweat equity') in the construclJon of their home. Some of these hours worked are on other Habitat homes. In order to help our family partners succeed as fir;t-time homeowners, we provide classes on personal finance, homeowner insurance and legal issues. A support partner is assigned to advise each one on an individual basis on any subject they need to discuss. Wi~ this additional support~ we have achieved a mortgage default rate of 0% in this affiliate, and only 0.7% rate nationally. Habitat depends on partnerships with local g~ve[',,rent for property and waiver of fees, foundations for grants, and churches, schools, dubs, businesses and individuals for donations of land, money, materials and labor. We hope to increase the pertlcipation and direct involvemen'co~' uurporatlons in our community because of the number of executives and employees who live and work in the area. Our only administrative cost is salary for one part lime oflicemanager. All other donaions g~ directly toward building homes. MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Kenneth L. Thomas, Community Development Coordinator ,~_ Lula Butler, Community Improvement Director Lfl~,~ May 5, 2000 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidies to two eligible applicants under the Delray Beach Renaissance Program. These subsidies represent applicant numbers 100 and 101 requesting homeownership assistance grants provided under the City's Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandarn of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATIONS Staff is recommending City Commission approval to fund subsidies for the two eligible applicants of the following properties: (New Construction) xxx SW 6th Avenue/$12,300.00 S 50' of N 150' of W 135' orS ~/~ BIk 22 (New Construction) XXX SW 13a Avenue/S25,000.00 Lot 16, Lincoln Atlantic Park Gardens DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 66.02 NAME Patricia A. Laster PROPERTY ADDRESS xxx SW 6th Avenue, Delray Beach LEGAL DESCRPTION Commencing one hundred (100) feet South from the Northwest comer of the South-half (S ½) of Block 22 from a point of beginning: Thence East one hundred thirty-five (135) feet, thence North fifty (50) feet to a point of beginning being in Delra¥ Beach formerly Linton according to the plat now on file in the Office o£the Circuit Court in and for Palm Beach County. % OF AREA MEDIAN HOUSEHOLD INCOME 69% COST OF CONSTRUCTION: COST OF EXISTING UNIT: Non-Profit Developer's Fee $3,000 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 76,900.00 RATE 8.25 LTV 88.00 % $ SECOND MORTGAGE THIRD MORTGAGE $ GRANT $ NO. 1N HOUSEHOLD 3 $73,800 COST OF LOT $10,000 N/A (including rehabilitation costs) $ 12,300.00 $ CommuniW Finance Consortium City of Delrav, HOME City of Delray, SHIP CRA of Delray Housing Authority Federal Home Loan Bank HTF "A" APPLICANT FUNDS Estimated Pre-paids (Lender 1003) $ 720.00 Estimated Closing Costs (Lender 1003) $ 4,395.10 TOTAL TRANSACTION $ 88~915.00 Estimated cash from/to borrower (Lender 1003) $ 2,715.10 (meets 2% of deal requirement) ATLANTIC FIRE TA TION NO. 1 AVENUE 1ST 2ND POLICE COMPLEX ST. COMMUNITY CENTER TENNIS STADIUM SOUTH COUNTY COURT HOUSE ST¸ S.W. 3RD S.W. 3RD CT. s.~w. ~1tll IIIli Pll-I-Fql~ll NI , II PARK N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT PATTERSON PROPERTY 12-43-46-16-01-022-0220 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.01 NAME DelaFrance and Messilia Cereus PROPERTY ADDRESS xxx SW 13th Avenue, Delray Beach LEGAL DESCRPTION Lot 16, Lincoln Atlantic Park Gardens, according to the Plat thereof as recorded in Plat Book 23, Page 226 of the public records of Palm Beach County, Florida. % OF AREA MEDIAN HOUSEHOLD INCOME 40% COST OF CONSTRUCTION: COST OF EXISTING UNIT: Non-Profit Developer's Fee Waived PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 61,000.00 RATE 7.75 LTV 70.48 % $ SECOND MORTGAGE NO. 1N HOUSEHOLD 5 $76,550 COST OF LOT $10,000 N/A (including rehabilitation costs) $ 25,000.00 $ THIRD MORTGAGE $. GRANT $ Community Finance Consortium City of Delray, HOME City of Delray, SHIP CRA of Delray Housing Authority Federal Home Loan Bank HTF "A" APPLICANT FUNDS Estimated Pre-paids (Lender 1003) $ 1,246.00 Estimated Closing Costs (Lender 1003) $ 3,433.00 TOTAL TRANSACTION $ 91~229.00 Estimated cash from/to borrower (Lender 1003) $ 4,924.00 (meets 2% of deal requirement) ATLANTIC AVENUE MINI PARKS J IST 2ND DELRA Y FULL SERVICE CENTER 3RD nFl ST. ST. S.W. 3RD CT,J SI. N YOUNG MENS PROGRESSIVE CLUB PROPER-FY LOT 16, LINCOLN ATLANTIC PARK GARDENS PLAT Agenda Item No.: ~. ~ · AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxxx Consent Agenda Date: May 5, 2000 When: May 16, 2000 Description of item: Authorization and approval to issue subsidies to two eligible applicants under the Delray Beach Renaissance Program totaling $37,300.00. Note: Patricia A. Laster ($12,300) represents homeownership assistance grant number 100 provided under the Renaissance Program to date. Note: DelaFrance and Messilia Cereus ($25,000) represents homeownership assistance grant number 101 provided under the Renaissance Program to date. Recommendation: Staff recommends approval of two subsidy awards. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $37,300.00 Account Number: 118-1924-554.83-01 Department Head Signature: ~ City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda.',, I Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: E~O £1T¥ I ELIIR¥ BER£H D~L~AY B~ACH AII-Amedca City 1993 TO; 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000 MF-.MO DUM David T. Harden City Manager FROM: ~J/Robert A. Barcinski Assistant City Manager DATE: May 11, 2000 SUBJECT: Agenda Item City Commission Meeting May 16, 2000 Ratification - Board Appointment Old School Square ACTION City Commission is requested to ratify the Board of Director appointments to Old School Square per paragraph 2(a) of the Management Agreement dated August 7, 1990. BACK GR 0 UND Per the conditions set forth in the Management Agreement between the City and Old School Square, City Commission ratifies the appointments to the Board of Directors. Appointments to the Board arc made by Old School Square. A list of the appointees for 2000 is attached. RECOMMENDATION Staff recommends ratification of the list of appointees to the Old School Square Board of Directors. RAB/tas File.'u:sweeney/agenda Doc: board appointments oss THE EFFORT ALWAYS MATTERS 05/08/2000 11:22 551-243 7018 OLD SCHOOL SQUARE PAGE 02 Boughton, Ms. Jestena 525 E. Atlantic Avenue Delray Beach, FL 33483 Old School Square Board of Directors as of January 27, 2000 Bourque, Frances 4780 S. Lake Drive Boynton Beach, FL 33436-5914 Butler, Mrs. Lula 816 Par Circle Delray Beach, FL 33445 Callaway, Mrs. Phyllis 67 Spanish River Drive Oceam R~dge, FL 33435 Cbupin, Mr. Rolxat D. 800 Andrews Avenue Apt. 14 Defray Beach, FL 33483 Dale, Ms. Meredith 414 Andrews Avenue Delray Beach, FL 33483 Diamond, Mr. Gerald P. O. Box 1236 De[ray Beach, FL 33447-1236 Dubin, Mrs. Jeanne 1125 Island Drive Defray Beach, FL 33483 Earnhart, Mrs. Nancy 4820 S. Lake Drive Boynton Beach, FL 33436 Elmure, Mrs. Wilma 1320 N. Ocean Boulevard GulfStream, FL 33483 Ez~es, Ms. Judith A. 2637 NW 49th Street Boca Raton, FL 33434 Golembe, Mrs. Pat 2000 S. Ocean Boulevard Delray Beach, FL 33483 Grtltl~, Jr., Mr. James A. 555 SE 6th Avenue, Apt. 1 ID Delray Beach, FL 33483 Jone~, Jr., IV~s. James E. 1430 N. Ocean Boulevard Delray Beach, FL 33483 Lynch, Mr. Thomas E. 28 CounOy Road Village of Golf, FL 33436 Manning, Jr-, Mr. P. Michael 203 NW 15th Street Delray Beach, FL 33444 Onnen, Mrs. Janet 946 Scasage Drive Dclray Beach, FL 33483 Robinson, Mr. Donald Stratford Arms #7F, 2600 S. Ocean Boulvard Boca Raton, FL 33432 05/08/2000 11:22 561-243 7018 OLD SCHOOL SQUARE PAGE 03 Old School Square Board of Directors as of January 27, 2000 Rub~, Mr. Barry 23181 Boca Club Colony Circle Boca Raton, Fl 33433 Rubin, Ms. Carol 21550 Cav~ndish Road Boca Raton, FL 33433 Searcy, Mr. W. Tunstall 10635 Limelx~y Drive Boynton Beach, FL 33436 Simms, Mr. RJ 6504 Contempo Lane Boca Raton, FL 33433 Templeton, Mr. Mark 7 Drittwood Landing GulfStream, FL 33483 Tonhey, Mrs. Nancy 1200 N. Ocean Boulevard Delray Beach, FL 33483 Welner, Mr. Michael 16791 Colchester Court Dclray Beach, FL 33484 Xylander, Mr. Paul 19706 Dinner Key Drive Boca Raton, FL 33498 MANAGEMENT AGREEMENT OLD SCHOOL SQUARE THIS AGREEMENT, made and entered into at Delray Beach, Florida, on the . ~ day of 1990, by and between the City of Delra~Beach, Florida, a Florida municipal corporation, hereinafter referred to as the "City" and Old School Square, Inc., a Florida corporation, not for profit, hereinafter referred to as "Old School Square, Inc.". WHEREAS, the City has fee simple ownership of the old Delray Beach Elementary School site, which is to be restored and converted into a cultural center to provide educational, cultural, scientific and certain governmental activities; and, WHEREAS, Old School Square, Inc., was organized under the laws of the State of Florida, as a not-for-profit corporation for the purpose of leasing, restoring, developing. and operating the cultural center; and, WHEREAS, the City has adopted a resolution dated September 13, 1988 which among other things states that Old School .Square, Inc..shall serve as project administrator for the purposes of facility management and programming; and, WHERF~AS, the City and Old School Square, Inc. entered into a lease dated July 31, 1989; and, WHEREAS, the City and Old School Square, Inc. desire to confirm and clarify the organizational, operational and oversight procedures as to Old School Square Inc.'s responsibility for operation of the facility, ineluding, but not limited to the establishment of budgets, the submission of state and federal grants, the solicitation of private grants and donations, the determination and establishment of programs by Old School Square, Inc. and the maintenance of the interior improvements by Old School Square, Inc.; and to clarify the procedures regarding maintenance of the exterior site by the City, pursuant to the lease. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, STIPULATIONS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. The above WHEREAS clauses are true and correct and are incorporated herein by reference. 2. Board of Directors - Old School Square, Inc. shall be governed by the voting members of the Board of Directors. The Board of Directors shall be selected and perform all duties and responsibilities pursuant to the Articles of Incorporation and By-laws of Old School Square, Inc., as they now exist or as they may be amended from time to time. (a) Old School Square, Inc., shall submit to the City Commission on an annual basis the names of those elected to membership on the Board of Directors, for the' purpose of ratification of the electees by the City Commission. (b) All meetings of the Board of Directors shall be duly advertised and open to the public in accordance with the MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~'~ - REGULAR MF.~.TING OF MAY 16, 2000 SERVICE AUTHORIZATION #1999-01/H~.1J .~-R WEAVER SHEREMETA (LAKE IDA ROAD IRRIGATION & LANDSCAPING) DATE: MAY 11, 2000 This is before the City Cormmssion to approve Service Authorization #1999-01 in the amount of $25,960.00 with Heller-Weaver & Sheremeta, Inc. for professional services related to the irrigation and landscaping project along Lake Ida Road, between Congress Avenue and Military Trail. All landscape design services will actually be done by Jerry Turner and Associates. The scope of work includes preparation of schematic and preliminary landscape plans, preparation and submittal of a Keep Palm Beach Beautiful grant application to fund a portion of the project cost, cost estimates, final design work, and bidding and permitting services. The total cost estimated for the landscape project is $350,000.00. We are applying to Keep Palm Beach Beautiful for grant funding in the amount of $100,000 to assist with the cost. Funding for this service authorization is available from 334-3162-541-61.17 (General Capital Improvements - Street Reconstruction). Recommend approval of Service Authorization #1999-01 with Heller-Weaver & Sheremeta, Inc. RefiAgmemol 6.ServiceAuth.#1999-01.HellerWeaverSheremeta.Lake Ida Road Landscaping Request to be placed on: AGENDA REQUEST Agenda Item No. ~.(~ · Date: 01 May 2000 X Regular Agenda Special Agenda Workshop Agenda When: 16 May 2000 Description of item (who, what, where, how much): The attached agenda item .request's Commies on approval/authorization for Mayor to execute Service Authorization #1999-0 I with Hailer-Weaver & Sheremeta, Inc. The scope of this Service Authorization will include', schematic landscape plans, preliminary landscape plans, preparation & submittal of Keep Pal,,, Beach Beautiful grant application, cost estimates, final design for grant application, irrigation design, bid drawings and specifications, meeting attendance, & permitting and bidding services. The City will apply for a 50% matching grant from Keep Palm Beach Beautiful program. Total amount of this Service Authorization is $25,960.00. Funding is available from account #334-3162-541-61.17. ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO Recommendation: Staff recom~d.s apja/~v!~'a~tio~/ Department headsignature /._. '/~(...~.(~~' .~.(-oo Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r;.e4~~ on all items involving expenditure of funds) Funding available.' YESJNO Funding alternativ'ee-" Account No. & Description Street Reconstruction Account Balance $93,G30.00 ~ ~., ,502(? City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: NO (if applicable) Received: Placed on Agenda: Action: Approved/Disapproved S:~EngAdmintProjects%1999~99-O17%OFFiCiAL tagendaO5.02_OO, doc City Of Delray Beach Department of Environmental Services M E M O R A N D U ;4~'n~eo TO: FROM: DATE: David T. Harden, City Manager ~} //,~ Randal Krejcarek, P.E., City Engineer ~. 01 May 2000 SUBJECT: Lake Ida Road Irrigation & Landscaping Commission Agenda Item Service Authorization #'1999-01 Project # t999-017 The attached agenda item request's Commission approval/authorization for Mayor to execute Service Authodzafion #1999-01 with Heller-Weaver & Sheremeta, Inc. The scope of this Service Authorization will include: · Schematic landscape plans · Preliminary landscape plans · Preparation & submittal of Keep Palm Beach Beautiful grant application · Cost estimates ~ · Final design for Keep Palm Beach Beautiful grant application · Irrigation design · Bid drawings and specifications · Meeting attendance .... · Permitting and bidding services The total cost for landscaping will be $350,000.00. The City of Delray Beach will apply for a Keep Palm Beach Beautiful program grant for $100,000.00. The grant application deadline is 4:00 p.m. on Friday 30 June 2000. The attached map indicates the project limits. Total amount of this Service Authorization is $25,960.00. Funding is available from account #334-3162-541-61.17. If this meets with your approval, please place this item on the 16 May 2000 Commission meeting. enc CC: Richard Hasko, P.E., Director of Env. Svcs, Joseph Safford, Finance Director S:~EngAdmin~ProjectsW999~99-O17tOFFIClALtagendamemoO5.02.00. doc Heller - Weaver and Cato, Inc. Engineers...Surveyors May 4, 2000 Mr. Randal Krejcarek, City Engineer CITY OF DELRAY BEACH 434 South Swinton Avenue Delray Beach, FL 33444 Henry Heller, P.E., P.S.M. John D. Weaver, P.S.M. Donald L. Cato, P.S.M. (1954- 1997) Daniel C. Laak, P.S.M. James A. Schroeder, P.S.M. RE: LAKE IDA ROAD LANDSCAPE IMPROVEMENTS City Project No. L:~Oe-O~O /~q~? -o/~-- Service Authorization #1 HWS Project No. 15022.001 Dear Mr. Krejcarek: Pursuant to our phone conversation of May 3, 2000, please note that Jerry Turner & Associates of Florida, Inc. will be part of our design team and will be responsible for all landscape related professional services. Should you have questions or comments related to the above, please do not hesitate to call upon this office. Yours truly, HELLER-WEAVER AND SHEREMETA, INC. · ard W Sheremeta, P.E. RWS/dews fax transmitted - 243-7314 FILE:RK.C~oO400 310 Southeast First Street, Suite Four, Delray Beach, FL 3348't 561 / 243-8700 Fax 561 / 243-8777 Heller - Weaver and Cato, Inc. Engineers...Surveyors April 14, 2000 Mr. Randal L. Krejcarek, P.E., City Engineer CITY OF DELRAY BEACH 434 South Swinton Avenue Delray Beach, FL 33444 . i'~qq-"ol<P' RE: LAKE IDA RO~DSCAPE IMPROVEMENTS City Project #.~3~'0 - Service Authorization No. 1 HWS Project No. 15022.001 Henry HeIler, P.E., P.S.M. John D. Weaver, P.S.M. Donald L. Cato, P.S.M. (1954- 1997) Daniel C. Laak, P.S.M. James A. Schroeder, P.S.M. Dear Mr. Krejcarek: Please find enclosed herewith three (3) copies of executed Service Authorization Request for your execution. Due to the Grant Application deadline of June 30a, it is imperative that we receive authorization to proceed no later than May Is' in order to insure that the deadline can be met. Should you have any questions or comments, please do not hesitate to call upon me. Sincerely, Vice President/Tre~isurer RWS/dews encl 310 Southeast First Street, Suite Four, Delray Beach, FL 33483 561 / 243-8700 Fax 561 / 243-8777 CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: I CITY PROJECT NO. 2QQO ~ ! 0 HELLER-WEAVER AND SI-IEREMETA, INC. PROJECT NO. 15022.001 TITLE: LAKE IDA ROAD IRRIGATION & LANDSCAPING This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: A~reement for General Consulting Landscape Architectural Service L PROJECT DESCRIPTION Lake Ida Road, between Congress Avenue and Military Trail, will be reconstructed by Palm Beach County to provide a four-lane divided highway. Upon completion of the County's work, the City will coordinate the installation of the irrigation and landscaping within the medians. The City of Delray Beach will apply for a grant through Keep Palm Beach County Beautiful for matching funds prior to the grant deadline, 4:00 p.m. on Friday June 30, 2000. The scope of this Service Authorization is to provide the following: · Schematic landscape plans · Preliminary landscape design · Preparation & submittal of grant application · Cost estimates · Final design for grant application · Irrigation design · Bid drawings and specifications · Meeting attendance · Permitting and bidding services Lake Ida Road Irrigation & Landscaping Service Authorization SCOPE OF SERVICES Phase I - Study and Report Phase Not Applicable. Phase H - Preliminary Design Phase Consultant shall provide preliminary design phase services in accordance with Article 111.B of the Agreement for Engineering Services with the City, dated 8/3/99. Review of roadway construction plans to coordinate sleeving required for electrical or water services, and coordinate locations for future water services (meters). Provide plant materials palette consistent with the medians on Lake Ida Road between Congress Avenue and Swinton Avenue. Provide schematic landscape design for City review. shown to determine design constraints. Lines of sight must be Upon approval of schematic design, preliminary designs shall be prepared and presented to Lake Ida Road residents. 5. Upon approval of preliminary designs, final landscape designs shall be completed. Review irrigation design concepts with Parks Department. Irrigation shall be designed using Motorola/In-inet system 7. Provide preliminary irrigation designs for approval by Parks Department. Phase III - Final Design Pha~e Consultant shall provide final design phase services in accordance with Article III. C of the Agreement for Engineering Services with the City, dated __.8/3/99. Upon approval of preliminary designs by City, Consultant shall prepare bid documents/constmcti0n drawings, at a scale of 1"=20', using AutoCAD Release 14 Format, which shall include: · Cover sheet Lake Ida Road Irrigation & Landscaping Sen, ice Authorization · Location key map · General notes · Irrigation drawings · Landscape drawings · Plant materials schedule · Planting details · Irrigation specifications · Landscape specifications Contract documents consisting of "front-end" documents and technical specifications shall conform to City of Delray Beach Standards and Palm Beach County Streetscape Standards for landscaping within public rights-of-way. Drawings and specifications (four copies) shall be submitted for City review at 50%, 90% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate revisions into final documents. Grant application shall be completed and scheduled for approval by the City Commission prior to the grant submittal deadline of June 30, 2000. City Commission meeting dates to be determined after March 30, 2000 City Commission Organizational Meeting. Grant application shall provide detailed probable construction costs based upon the completed final design drawings and specifications approved by the City Commission. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of CAD files in electronic format on 3-1/2" disk. Consultant shall submit all design documents, drawings, specifications, grant application and any other information required to KPBCB on behalf of the City prior to June 30, 2000 application deadline. Consultant shall make any revisions required by Palm Beach County Engineering, or KBPCB to comply with Palm Beach County Streetscape Design Standards, and to gain approval for grant funding. phase IV - Bidding/Netlotiation Phase Consultant shall assist City in advertising for and obtaining bids for irrigation and landscape installation. To facilitate installation, it is anticipated (but not a material requirement) that work shall be awarded under a single contract. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. Lake Ida Road Irrigation & Landscaping Service Authorization Consultant shall attend pre-bid conference and provide a written summary of issues discussed. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Phase V- Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit Addendum No. 1 to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City. Other - Permitting Upon review and approval of plans by Palm Beach County Engineering, a permit/maintenance agreement will be issued by the County, which must be executed by the City prior to commencement of irrigation and landscape work. The City will coordinate the execution and return of the permit/maintenance agreement. Other In connection with the preparation of plans, specifications, permit, and grant applications for Palm Beach County and KPBCB, the Consultant shall assist the City in consultations/meetings with residents and appropriate authorities. Consultation services shall include the following: · Attend up to two (2) meetings with Lake Ida residents. One at the preliminary design phase and one at 90% final design phase. · Attend up to two (2) meetings with Palm Beach County Engineering during review of the final permit applications. Attend City Commission meeting for presentation of final landscape design, grant application and cost estimates. Upon approval, submit packages to KPBCB for review and approval. · Respond to request(s) for additional information from each agency and revise plans based on direction from reviewing agencies. Lake Ida Road Irrigation & Landscaping Service Authorization 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, will advise City in writing of the magnitude of the required adjustments. Change in completion schedule or compensation to Consultant will be negotiated with City. City shall provide Consultant available record drawings of Lake Ida Road as proposed for construction by Palm Beach County. 2. Irrigation design will utilize Motorola/Irrinet system. 3. City personnel shall assist in field verification of affected City facilities. 4. City shall provide front-end documents and technical specifications on computer disk. 5. Contractor shall provide City with final Record Drawings. Ill. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). ~ Services Time per Phase Cumulative Time Phase I Not applicable Phase II 4 weeks 4 weeks Phase III 8 weeks 12 weeks Phase IV 6 weeks 18 weeks VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Engineering Services Estimated Fees Phase II - Preliminary Design Phase Phase III - Final Design Phase Phase IV - Bidding Phase Permitting Out-of-Pocket Expenses $ 6,875.00 12,595.00 3,080.00 2,310.00 1,100.00 TOTAL PROJECT COST $ 25,960.00 Lake Ida Road Irrigation & Landscaping Service Authorization 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 previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may not commence work on and Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: David Schmidt, Mayor HELLER-WEAVER AND SHEREMETA, INC. (~ka Sheremeta Associates, Inc.) Richard,~~eremL~c~ Vl~/14~asurer Witness / Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this/f'-"~ day ? - -7- ,2oo,o ~' ,,f_.,'r_~a~-n , Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to m~e) or (has produced filentification), Florida Driver's License and (did/did._d not) take an oath. Signature of pe~on taking acknowledgement Lake Ida Road Irrigation & Landscaping Service Authorization Il, IA ADAMS ENVIRONMENTAL 8ERVtCE8 DEPA~NT LAKE IDA ROAD LANDSCAPING 1999-017 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER/j~4~ AGENDA ITEM ~. ]4. - REGULAR M~.~.TING OF MAY 16, 2000 SERVICE AUTHORIZATION #18/DAVID MII.I.~.R & ASSOCIATES (CITY MARINA RENOVATIONS) DATE: MAY 11, 2000 This is before the City Cornmassion to approve Service Authorization #18 in the amount of $53,200.00 with David Miller & Associates for professional services related to the improvements at the City Marina. The improvements will include the relocation of Marine Way within the fight-of- way, streetside parking, landscape improvements, streetscape improvements, renovation of the existing shore facility, seawall repairs and dock repairs. Passive park space improvements will also be made, including two gazebos, two trellised gateways and enhancements around the shore facility. The scope of services to be provided under this service authorization includes preliminary design, cost estimates, final design, preparation of construction documents, and construction administration. Funding is available from 426-4311-575-65.23 (City Marina Renovations). Recommend approval of Service Authorization #18 with David Miller & Associates. RefiAgmeraol 6.ServiceAuth.#18.David Miller & Associates. City Marina Renovations Agenda Item No. ~"h/, AGENDA REQUEST Request to be placed on: Date: May 10, 2000 X Regular Agenda Special Agenda Workshop Agenda When: May 16, 2000 Description of item (who, what, where, how much): Attached for Commission approval is a Service Authorization for consulting services in developing construction documents for the construction of ~' improvements at the City Marina - Roadway, Facility and Park Improvements. The improvements include the relocation of Marine Way within the right of way, streetside parking, landscape improvements, streetscape improvements, renovation of the existing shore facility, seawall repairs, dock repairs. Passive park space improvements include gazebos (2), trellised gateways (2), and enhancements around the existing shore facility. Estimated budgeted construction costs are $405,000.00 This Service Authorization #18 is to David Miller and Associates, P.A., for a total of $53,200.00 for providing services including preliminary design, cost estimates, final design, contract documents, construction administration and reimbursables. A copy of the Service Authorization is attached for your review. ORDINANCE/RESOLUTION REQUIRED. Not [eq[~ired. Recommendation: Staff recom~'~ds the C~Commission approve Se~ice Aut~o=ization ~-/.1.8 to David Miller & Associ~s, ~.~in~e a~<~nt of $53,200.00 /A Department head signature: [~_~C~) ~ ~'-~o-u~ /~_._~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable)[ Budget Director Review (r~eqa~ on all items involving expenditure of funds): Funding available: YES/N~O Funding altemativ~plicable): Account No & Description .~z~_..~/i _~x-.,X..~- ~- ~ ~ /~,_ ~ ,D .... uity Manager Review: ~ E ' ~" Approved for agenda: ~E~/NO Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...~99033~agreq05162000 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM': To: From: Date: David T. Harden ~ City Manager Howard Wight ' //// ~ Deputy Director of Constr May 10, 2000 Subject: Consultant Service AuthoriZation #18 to David Miller & Assc. City Marina Improvements Project No. 98-42 Attached for Commission approval is a serVi~e Authorization for consulting services in developing construction documents for the.construction of improvements at the City Marina - Roadway, Facility and Park Improven~ents. The improvements include the relocation of Marine Way within the ~right of way, streetside parking, landscape improvements, streetscape improver~ents, ~ren0vation of the existing shore facility, seawall repairs, dock repairs. Passive park space improvements include gazebos (2), trellised gateways (2), and enhancements around the existing shore facility. Estimated budgeted construction costs are $405,000. Service Authorization #18 is to David Miller and Associates, P.A., is for a total of $53,200.00 and includes services for preliminary design, cost estimates, final design, contract documents, construction administration (hourly not to exceed $10k) and reimbursables. A copy of the Service Authorization is attached for your review. Staff recommends execution of Service Authorization #18 to David Miller & Associates, P.A., in the amount of $53,200.00, for consulting services in developing plans and specifications for the construction of City Marina Improvements (PN 98-42). Funding is available from 426-4311-575-65.23, (City Marina Renovations) cc: Joe Weldon; Director of Parks & Recreation Fi~e 98-42 (A) s\.,.~9842~agmern1510 II III CONSULTING SERVICE AUTHORIZATION DATE: 2/04/00 CITY PROJECT NO. DM&A PROJECT NO. 00-004 SERVICE AUTHORIZATION NO. /~ FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: City Marina - Roadway, Facility, & Park Improvements 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. PROJECT DESCRIPTION Preparation of construction and bid documents, as well as cost estimates for miscellaneous improvements at the City Marina. The improvements include the relocation of Marine Way within the right of way, streetside parking, landscape improvements, streetscape improvements, renovation of the existing shore facility, seawall repairs, dock repairs, and passive park spaces, including gazebos (2), trellised gateways (2), and enhancements aroand the existing shore facility. Scope of services includes Phases II-V, and includes time for public presentations to residents, City Staff, and the City Commission, as well as other jurisdictional agencies. The preliminary design prepared previously and approved by the City Commission will be utilized for this work. SCOPE OF SERVICES The following scope of services is developed in accordance with the Standard Agreement for Architectural Services. Pha~e I - Not included in this Service Authorization Phases II through V - Included in this Service Authorization BUDGET Phases II-III - These phases of service will be provided as follows: A. Architectural, Engineering (MEP & Structural), Landscape Architecture & Irrigation :Design- Lump Sum- $19,500 B. Project Presentation and Permitting Coordination - Hourly-not to exceed - $ 2,500 C. Surveying - Hourly-not to exceed $1200 (will utilize existing base information provided by the City) D. Civil Engineering - Lump Sum - $ 8,500 Phase IV - This phase of service is to be provided as follows: A. All disciplines - Hourly-not to exceed- $ 4,000 Phase V- (assumes four month construction duration) A. Architectural, Engineering, Landscape Architecture - Hourly-not to exceed- $10,000 B. Civil Engineering - Lump Sum - $ 3,500 REIMBURSABLE EXPENSES - not to exceed $4,000 without prior written authorization. IV COMPLETION DATE Completion of Phases II-III within ninety (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 cormnence 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 T. Harden City Manager Date c[ {['~ ~9oco D~a~ici ~. [rifler, President Witness Witness STATE OF FLORIDA COUNTY OF PALM BEACH The following instrument was acknowledged before me this /o~~-4 day of 1~3~ri[ ,20~yo 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. fPerson Taking Acknowledgment Signatur~ of Acknowledger (typed,printed,or stamped) [ ~a~ ~o~ omc~OTaUVm~. I Professionals Architect: Principal Project Manager Architect I Architect II Intc-dor Design CADD Operator Clerical Engineers-Civil Project Manager Pro, jgct Engineer Designer CAD Drafter Manual Drafter Clerical PLS Survey Tech Field Crew (3 man) Field Inspector Engineers-Structural (#1) Principal Project Manager Project Engineer CAD Operator Engineers-Structural (#2) Principal Project Manager Designer Draftsman Engineers-MEP (# 1) Principal Tech/Supervisory CAD Operator Clerical EXHIBIT B Hourly Raw Salary · Rates $41.67 $31.67 $25.00 $21.67 $18.33 $16.67 $ 8.33 Hourly Raw Salary Rate Times :3.00 Multiplier $125.00 $95.00 $75.00 $65.0O $55.OO $5O.0O $25.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $86.54 $61.30 $55.50 $51.00 $41.25 $3O.OO $78.38 $69:23 $105.00 $52.50 N/A N/A N/A N/A $150.00 $110.00 $75.00 $55.00 N/A N/A N/A N/A $100.00 $75.00 $55.OO $35.00 N/A N/A N/A N/A $125.00 $90.00 $7O.00 $40.00 Engineers-MEP (#2) Principal Engineer Designer CADD Operators Clerical Landscape Architect Principal S'enior Landscape Architect Computer & Professional Drafting/Support Staff N/A N/A N/A N/A N/A N/A N/A N/A N/A $75.00 $60.00 $40.OO $35.00 $2O.OO $95.00 $85.00 $65.O0 $45.00 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGERff'/4~ AGENDA ITEM ~. ~. - REGULAR M~-ETING OF MAY 16, 2000 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/RANDOLPH D~WDNEY CONSTRUCTION (SANDOWAY PARK RESTROOM FACILITY) DATE: MAY 11, 2000 This is before the City Commission to approve closeout Change Order #1 in the net deduct amount of $2,146.86 with Randolph & Dewdney Construction Inc. for the Sandoway Park Restroom Facility project. The changes are itemized per Schedule "A" attached to the change order. Also requested is final payment in the amount of $3,788.00. The project is complete and has been inspected and approved by staff. All warranty documentation has been received. Funding will be from 117-4170-572-63.80 (Recreation Impact Fees Fund - Sandoway Park Restroom Facility). Recommend approval of closeout Change Order #1 and the request for final payment to Randolph & Dewdney Construction Inc. for completion of the Sandoway Park Restroom Facility project. Ref:Agmemol6.Closeout. Randolph& Dewdney. Sandoway Restrooms Agenda Item No. 3'. ~. AGENDA REQUEST Request to be placed on: Date: May 10, 2000 X Regular Agenda Special Agenda Workshop Agenda When: May 16, 2000 Description of item (who, what, where, how much): Staff request the City Commission approve a deduct Change Order #1/Final in the amount of -$2,146.86, and a final payment in the amount of $3,788.00, to the construction contract with Randolph & Dewdney Construction Inc. for the completion of the Sandoway Restroom Facility. Funding is available from the Recreation Impact Fee Fund/Sandoway Restreoms account No. 117-4170-572-63.80. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Change Order #1/Final and Final Payment, to the construction contract with Randolph & Dewdney Construction Inc. for the completion of the Sandoway R~r)oom Facility. Department head signature: Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation if applicable): Budget Director Review (r,~ui~ on all items involving expenditure of funds): Funding available( YES/~O Funding alternativ~-0'f applicable): Account No. & [3,~scription 117-4170-572-63.80; Recreation Impact Fund/Sandoway Account Balanc_.~~/~,.. ,,~/.., ~ ~ ~ ~'~ ////?g)72 ~]~2~ - ~' City Manager Review: - - ' Approved for agenda: ~S/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapp, oved s:~.,399033~agreq05162000 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Victor Majtenyi Assistant Construction Manager May 10, 2000 AGENDA REQUEST for 05/16/200{3 Sandoway Park Restroom Facility Change Order #1/Final Payment Project No. 99-033 Attached is an Agenda Request for City Commission to approve a netdeduct Change Order #1 in the amount of-$2,146.86, and a final payment in the amount of $3,788.00 to Randolph & Dewdney Construction Inc. for the completion of the Sandoway Park Restroom Facility project. Attached is Change Order # 1 with Exhibit "A". Total of all Changes Less contract Contingency Allowance $2,853.14 $5,000. O0 Net Deduct Change Order -$2,146.86 The project is complete and all warranty documentation received. Staff recommends City Commission approve Change Order #'l/Final in the amount of-$2,146.86 (deduct) and final payment in the amount of $3,788.00 to Randolph & Dewdney Construction Inc. for the completion of the Sandoway Park Restroom Facility project. Funding is available from account 117-4170-572-63.80, Recreation Impact Fee Fund/ Sandoway Park Restroom. Joe Weldon, Director of Park's & Recreation Richard Hasko; Director of ESD Howard Wight, Deputy Director of Construction, ESD File 99-033 (A) s\...\99033~agmem05162000 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. I PROJECT NO. 99-033 DATE: PROJECT TITLE: Sandoway Park Reslroom Facility TO CONTRACTOR: Randolph & Dcwdney Construction 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. JUS'flIqCATION Complete changes to projects per the attached schedules "A" as follows: Total Changes $2,853.14 Less Contingency Allowance $5,000.00 Net Deduct Change Order#1, Final $2,146.86 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 2.9 % TOTAL PER CENT DECREASE TO DATE 2.9 % $73,872.30 $0.00 $73,872.30 -$2,146.86 $71,725.44 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Randolph & Dewdney Corporation Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department Account 117-4170-572-63.80, Recreation Impact Fee Fund/ Sandoway Park Restroom DEPARTMENT FUNDING DELRAY BEACH, FLORIDA b~ its City Commission CERTIFIED BY RECOMMEND: for Environmental Services By: Mayor APPROVED: ATTEST: By: City Attorney City Clerk EXHIBIT "A" Sandoway Park Restrooms Prj 99-033 Change Orders Summary Owner Unforeseen [ NE Design Requested Days Item # Description Conditions Revisions Revisions Rqstd 1 Upgrade existing tank toiiet$ to use flush~o- $ 2,238.2~ meters. 2 Replace conduit from existing hand hole to $ 374.8 0 taw meter can. 3 Dumpster fee; additional debris not directly $ 240.00 0 associated with project. Pending Change Orders $ Contingency Allowance Total of Changes Total of Pending Calendar Days Net Change Order 614.85 $ $ 2,238.29 $ 5,000.00 $ 2,853.14 $(2,146.86) MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~PJ~ AGENDA ITEM ~?. --~'. - REGULAR MI~.I~.TING OF MAY 16, 2000 CLOSEOUT CHANGE ORDER #5 & FINAL PAYMENT/PAV1E. X CORPORATION (1998 RESURFACING PROJECTS) DATE: MAY 12, 2000 This is before the City Commission to approve closeout Change Order #5 in the amount of $49,381.54 with Pavex Corporation for the 1998 Resurfacing Projects, which includes the 1998 street restzrfacing program, the 1999 street resurfacing program, and miscellaneous other projects. The changes are itemized per Schedule "A" attached to the change order. Also requested is final payment in the amount of $62,i79.66. All of the projects are complete and have been inspected and approved by staff. Funding will be from the following accounts: $16, 850.82 from 334-3162-541-61.17 (Street Reconstruction) 3,842.00 from 334-3162-541-63.15 (Downtown Parking Lots) 20,230.59 from 334-4173-572-63.90 (Miller Park/Other Improvements) 4,139.75 from 334-3162-541-65.19 (NE 4th Street & NE 3~d Avenue) 11,137.75 from 334-4172-572-63.03 (Pompey Park Ballfields) 5,978.75 from 442-5178-536-63.92 (Highland Beach Force Main) Recommend approval of closeout Change Order #5 and the request for final payment to Pavex Corporation. Ref:Agmemol 6.Closeout. Pavex Corp. Resurfacing Projects Agenda Item No.: AGENDA REQUEST Date: May 10, 2000 Request to be placed on: X Regular Agenda __ Special Agenda --__ Workshop Agenda - When: May 16, 2000 Description of item (who, what, where, how much): AEached ~r Commission approval is an agenda request for Change Order #5, Final to Pavex Corporation on the above referenced Project. It encompasses final plus/minus quantity changes as identified in Schedule A attached to the Change Order. The scope includes the 97/98 street resurfacing; 98/99 street resurfacing; and other miscellaneous projects. Change Order #5, Final is for a net add of $49,381.$4. 303. t°t Funding Sources are 334-3162-541-61.17 (Street Reconstruction) for 1 S,30l. 19334-3162-541-63.15 (Downtown Parking Lots) for $3,842.00; ~[K4ql~[~XI('~3{:~9{(~]fX~X~]{~N~XO~!C{k-lt~[xfK[r ~.4~; 334-4173-572-63.90 (Miller Park Other Improvements) for $8,309.00; 334-3162-541-65.19 (NE 4~h St & NE 3rd Ave) for $4,139.75; 3344172-572-6303(Pompey Park Ballfleld) for $11,137.75; 442-5178- 536-63.92 (Highland Beach Force Main) for $5,978.75 and Barwick Ranch Estates developer bond reimbursement for $672.10. ~,5~-~--$~ -&l, Iq Request is also made to make final payment to Pavex Corporation for $62,179.66. Performance Evalu~ attached for your revie,.%,./~ REQUIRED: YES.RAFT ATTACHED YE~ Recommendation: Staff Recomme~ approv~of Char~ge O~r to Pavex Corporation Department Head Signature: Determination of Consistency with Comprehensive Plan: A Contractor #5 and Final Payment City Attorney Review/Recommendation (if applicable): Budget Director Review (~red on all items involving expenditure of funds): Funding available: Y~/NO Funding alternatives (if applicable) Account No. & Description See Below Account BalanceSee Below City Manager Review: /C-. Approved for agenda:XE~/NQ Hold Until: ~] Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Dis approved /agen9840.doc 334-3162-541-61.17 St. Reconstruction - $93,520 334-3162-541-63.15 Downtown Park Lot 31,867 33~-4173-572-63.90 Miller Pk Improv - -0- $8~309-Budget Transfer Attached 334-3162-541-65.19 NE 4th&NE 3rd -459,390 33~-4172-572-63.03 Pompey Ballfield- 17,011 442-5178-572-63.92 Highland Bch 2,547 Highland Budget Transfer 3,432 Highland Bch 5,979 Memorandum To: From: Date: Re: David T. Harden, City Manager h HOward Wight, Dep Director of Construc/~/~ /V May 10, 2000 1998 Resurfacing Projects (PN 98-40) Closeout Change Order #5, Final Payment Attached for Commission approval is an agenda request for Change Order #5, Final to Pavex Corporation on the above referenced Project. It encompasses final plus/minus Contract unit price quantity changes as identified in Schedule A attached to the Change Order. The scope includes the 97~98 street resurfacing; 98~99 street resurfacing; and other miscellaneous projects. Change Order #5, Final is for a net add of $49,381.84. Funding Sources are 334-3162-541-61.17 (Street Reconstruction) for 5, .302.19- 334-3162-541-63.15 (Downtown Parking Lots) for $3,842.00; 47~2~6~a~(Ea~tte~:tGICx~J[h~h'~mi~-~y,~)0.~ for $4,885.95; 334-4173- 572-63.90 (Miller Park Other Improvements) for $8,309.00; 334-3162-541-65.19 (NE 4th St & NE 3r~ Ave) for $4,139.75; 334. 4172-572-63.o3 (Pompey Park Ballfield) for $11,137.75; 442-5178-536-63.92 (Highland Beach Force Main) for $5,978.75 and Barwick Ranch Estates developer bond reimbursement for $672.10. Request is also made to make final payment to Pavex Corporation for $62,179.66. A Contractor Performance Evaluation is attached for your review. file: 98-040A CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 5 (Contract Addition) PROJECT NO. 98-40 DATE: PROJECT TITLE: 1998 Resurfacing Projects TO CONTRACTOR: Pavex Corporation 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: Final plus / minus quantity changes per 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 INCREASE THIS CHANGE ORDER 53.2% TOTAL PER CENT INCREASE TO DATE 369.2% $ 93,453.30 $202,238.45 $295,691.75 $ 49,381.54 $345,073.29 CERTIFIED STATEMENT: I hereby certif~ 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. Pavex Corporation, Inc. (Con~'actor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Sources are 334-3162-541-61.17 (Street Reconstruction) for 15302.19 334-3162-541-63.15 (Downtown Parking Lots) for $3,842.00; 446-4761-572-63.90 ¢,-ake~ie~Otb~l~rK~em~,,~,~9~.-~; 334-4173-572-6390 (Miller Park Other Improvements) for $8,309.00; 334-3162-541-65.19 (NE 4th St & NE 3rd Ave) for $4,139.75; 334-4172- 572-63.03 (Pompey Park Ballfleld) for $11,137.75; 442-5178-536-63.92 (Highland Beach Force Main) for $$,978.75 and Barwick Ranch Estates developer bond reimbursement for $672.10. DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk 1998 Resurfacing Projects PN 98-40 Tonnage Breakdown per Project / Street 199711998 PROPOSED RESURFACiNG LIST PER ORIGINAL CONTRACT LENGTH WIDTH TOTAL Irs EST ACT YEAR Sht PH DESCRIPTION (FT) (FT) (SY) SY*IN TONS TONS COMPLETED E-1 I NE 1stAve NE 1 st St to NE 2nd St 700 24 1,867 125 117 96 1998 E-2 I NE 1st St NE 5th Ave (inters) 100 48 533 125 33 61 1998 E-3 I AIA ~ 302 Ocean Blvd 100 60 667 125 42 6! 1998 E-4 I NE 3rdSt N. Swinton to NE 3rd Ave 950 24 2,533 125 158 159 1998 E-5 I NE9thAve George Bush BIvd to Bond Way 1,150 24 3,067 125 192 16¢ 1998 E-I~ 2 Highland Lane (4.1.2.40) p 4-16 Highland to Seacrest Blvd. 500 24 1,333 125 83 67 1998 E-I3 2 Heather Lane Heather to Seacrest (NE 2nd Ave 500 24 1,333 125 83 6~ 1998 E-I,; 2 NE 7th Ave NE 1st Ct to NE 5th St 2,300 24 6,133 125 383 1999 E-6 I SE2nd St SE 5th Ave to SE 6th Ave 300 24 800 125 50 107 1998 E-7 1 Tamadnd Rd Sea Sa~e to Sea Gate 300 48 1,600 125 100 136 1998 E-8 I SE4th St US 1 to West (20'+) 20 38 84 125 5 E 1998 E-9 1 SE2ndAve SE 10th St. to SE 9th Sst. 500 24 1,333 125 83 83 1998 E-15 2 Bucida Rd Oleander Ln to Sea Sa~e 400 24 1,057 125 67 0 1998 E-16 2 NWlstAve NW 9th St to North 550 24 1,467 125 92 196 1998 E-17 2 NW12th St. NW4th Ave 100 84 933 125 58 30 1998 E-12 I ~lley (East End) Between Nw 1st Ave and Swinton 100 15 167 125 10 t5 1998 NE 2nd St to NE 3rd St 600 20 1,333 125 83 80 1998 E-10 I ~lW2ndAve NW 18th St to NW 22nd St 850 24 2,267 125 142 107 1998 E-18 2 ~NlstAve NVV 22nd St to End of Cul-de-Sac 600 24 1,600 125 100 150 1998 E-19 2 .ake Court N. Swinton Ave to NE 6th St 350 24 933 125 58 65 1999 - I .S 80 Driveway Lake Ida Road 540 125 0 27 1998 TOTALS = 1,956 t,581 ADDITIONAL RESURFACING PER CHANGE ORDER #2 LENGTH WIDTH TOTAL Ira EST ACT YEAR DESCRIPTION (FT) (FT) (SY) SY*IN TONS TONS COMPLETED Cemeter~ SE 8th Ave - 11,600 125 725 681 1999 SE 2nd Ave SE 1st St to SE 2nd St - 3,200 125 200 23.~ 1998 TOTALS = 925 91,l s:~engadmin\projects\1998\98-040~budget\co5schnda 5/10100 I 1998 Resurfacing Projects PN 98-40 Tonnage Breakdown per Project I Street 199811999 PROPOSED RESURFACING LIST PER CHANGE ORDER #3 LENGTH WIDTH TOTAL #'a EST ACT YEAR DESCRIPTION (FT) (FT) (SY) SY*IN TONS TONS COMPLETED Banyon Drto North End 650 24 1,733 125 108 80 1999 :-ve St US 1 to Closure 100 48 533 125 33 40 1999 .~atherine Dr Linton Bird to Linton Btvd 1,300 24 3,467 125 217 200 1999 Lowson BIvd E-4 to Con~ress 1,100 36 4,400 125 275 28fl 1999 Ave Villandry Blvd Chatelane to cul-de-sac 650 24 1,733 125 108 98 1999 Ave Montressor Bird Chatelane to cul-de-sac 650 24 1,733 125 0 80 1999 NW 8th Ct Sunflower Blvd to cul~le-sac 350 24 933 125 58 68 1999 S Swinton Av SW 9th St to SW 3rd St 2,900 24 7,733 125 483 608 1999 SW 6th Av SW 10th St to SW 9th Ct 250 24 667 125 42 40 1999 SW 3rd St SW 10th AV to SW 8th Av 700 24 1,867 125 117 137 1999 SW 2nd St SW 2nd Av to S Swinton Av 700 24 1,867 125 117 101 1999 NW 2nd Av NW 16th St NW 18th St 650 24 1.733 125 108 11; 1999 NVV 4th Av NW 2nd St to Lake Ida Rd 1,300 24 3,467 125 217 175 1999 NE 7th St NE 5th Av to NE 6th Av 300 38 1,200 125 75 7! 1999 Hands Parking Lot NE 2nd St {~ FEC Tracks - 3,900 125 220 315 1999 TOTALS = 11,600 36,967 2,178 2,2~ CONTRACT ADDITIONS PER CHANGE ORDER #4 LENGTH WIDTH TOTAL ~_~s EST ACT YEAR DESCRIPTION (FT) (Fl') (SY) SY*IN TONS TONS COMPLETED Miller Perk Resurfacing North Parking lot 530 190 11,189 110 300 57E 2000 Barwick Ranch Estates FEC Tracks to Federal Hw~ 3,700 100 180 194 2000 TOTALS = 480 77¢ CONTRACT ADDITIONS CHANGE ORDER #5 LENGTH WIDTH TOTAL 8'4 EST ACT YEAR DESCRIPTION (F-r) (FT) (SY) SY*IN TONS TONS COMPLETED Bay St (97-t5) Venetian to Gleason (2nd I~fl) 540 20 1,200 100 0 6= 1999 NE 4th St (g8-39) FEC Tracks to Federal Hwy 275 36 1,100 150 0 74 1999 Pompey Park (98-20) West Parking Lot on NW 13th Ave - 3,600 125 0 243 2000 Linton BIvd and A1A Intersection (95-32 Overlay after millin~l 300 24 800 300 0 10~ 1999 TOTALS = 0 48~ s:\engadmin\projects\1998\98-040\budget\co5scheda 5110/00 2 r~ MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER fff~b~ AGENDA ITEM ~. ~ .- REGULAR MEETING OF MAY 16, 2000 FINAL PAYMENT/TROPICAL AWNING INC. (VETERANS PARK AWNING REPLACEMENT) DATE: MAY 11, 2000 This is before the City Commission to approve final payment in the amount of $1,951.00 to Tropical AWning Inc. for completion of the Veterans Park Awning Replacement proiect. The work has been inspected and approved by staff. All warranty documentation has been received. Funding will be from 001-4126-572-63.90 (Veterans Park Recreational Facility - Other Improvements). Recommend approval of final payment to Tropical Awning Inc. RefiAgmemol 1.FmalPayment.Tropical Awning. Veterans Park Awning Replacement Agenda Item No. ~- ~. AGENDA REQUEST Request to be placed on: Date: May 10, 2000 X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: May 16, 2000 Description of item (who, what, where, how much):Staff request the City Commission approve final payment in the amount of $1,951.00 to the construction contract with Tropical Awning Inc. for completion of the Veteran's Park Awning Replacement project. Funding is available from Veteran's Park Recreational Facility/Other Improvements, account No. 001-4126-572-63.90. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve the Final Payment to the contract with Tropical Awning Inc. for completion of the Veteran's Park Awning Replacement Department head signature: .5'-,~o- ~ o Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable)[ Budget Director Review (re,.g~d on all items involving expenditure of funds): Funding available:(,YES~NO . . Funding alternative'~"-(ff applicable): Account No. & Description 001-4126r572-63.90; Veteran's Park Rec. Facility / Other Improvements. Account Balance ~ City Manager Review: Approved for agenda: ,~E¢/NO ~'/~./) Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~.,32000-033~agreq-051600 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Victor Majtenyi~ Assistant Construction Manager May 10, 2000 AGENDA REQUEST for 05/16/2000 Veteran's Park Awning Replacement Project Final Payment Project No. 2000-033 Attached is an Agenda Request for City Commission to approve a final payment in the amount of $1,951.00 to Tropical Awning Ibc. for completion of the Veteran's Park Awning Replacement project. The contract award of $19,510.00 for this project consisted of fabricating and installing approximately 7501f of 17-oz. heavy-duty vinyl fabric awnings to the existing metal frame structures at the shuffle board and Fawn bowling courts. The project is complete and ail warranty documentation received. Staff recommends the City Commission approve final payment in the amount of $1,95'1.00 to Tropical Awning Inc. for the completion of the Veteran's Park Awning Replacement project. Funding is available from account 001-4126-572-63.90, Veteran's Park Recreational Facility/Other Improvements. Joe Weldon; Director of Pad(s and Recreation Dick Hasko; Director of ESD Howard Wight; Deputy Director of Construction, ESD File 2000-033(A) s\...~000-033~agmem051600 0 [_ 0 © w ~ MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~F~ AGENDA ITEM ffL - REGUI.AR M~ETING OF MAY 16, 2000 RESOLUTION NO. 41-00 DATE: MAY 11, 2000 This is a resolution assessing costs for abatement action required to remove nuisances on seven (7) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 41-00. RefiAgmemol 5.Res41-00.NuisanceAbatement t RESOLUTION NO. 41-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN BFFBCTIVE DATE AND FOR A DU~ DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. MEEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(e) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to eeawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delrsy Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, MEEREAS, the property owner(s) named in the list attached hereto and made e part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(e) within the time designated at the hearing wherein a decision wes rendered adverse to the property owner(e); and, WHEREAS, the City of Dslray Beach, through the C~ty Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and ~de a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the WHEREAS, the City Manager of the City of Delrey Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delrsy Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said r~port indicating the costs per parcel of land involvedl and, WHHRHAS, the City Commission of the City of Dalrey Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RHSOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Dslray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made e pert hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sac. 3, become a lien upon tbs respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(e) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and ~nterest will accrue et the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment end this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment{s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rata of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorneyTM fee. Section 5. That in the event that payment has not been receives by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records o£ Palm Beach County, Florida, and upon the date and time of recording Rcs. No. 41-00 property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in rsgul&r session on this the .day of 2000. MAYOR ATTEST: City Clerk Res. No. 41-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER I ASSESSMENT ~)SCEOLA PARK, LOT 15, BLOCK 7, PB 3, P 2, MAUREEN MAAS PUBLIC RECORDS OF PALM BEACH COUNTY, FL 3558 LONE PINE ROAD B13 SE 3rd AVENUE) DELRAY BEACH, FL 33445 $ 40.95 $ 7(~00 ADM~ FEE-- OSCEOLA PARK, LOT 14, BLOCK 7, PB 3, P 2, SOUTHWEST JEFFERSON, INC. PUBLIC RECORDS OF PALM BEACH COUNTY, FL B17 SE 3rd AVENUE (617 & 617.5 SE 3rd AVENUE) DELRAY BEACH, FL 33483 $ 50.95 ~DM FEE $ 70.00 . LOUTE DURONE & OSCEOLA PARK, LOT 19, BLOCK 7, PB 3, P 2 ::)ELAFRANCE DERVICE , PUBLIC RECORDS OF PALM BEACH COUNTY, FL 602 SE 3rd AVENUEI (602 SE 3rd AVENUE) DELRAY BEACH, FL 33483 ! $ 40.95 TOWN OF DELRAY, S 150 FT OF W 135.5 FI OF BLOCK 26, PB 5, P 64, PUBLIC RECORDS OF FRED D. MC COY & AMERIFIRST PALM BEACH COUNTY, FL 17500 NW 68TH AVENUE # 210 415 NW 2nd STREET) HIALEAH, FL 33015-4044 $ 75.90~ p~ ~0.00 iAD~M.FEE TOWN OF DELRAY, LOT 8 (LESS S 48.69 FT OF LEVIATHAN LAND GROUP, INC. N 53.45 FT) & LOT 9 (LESS S 48.69 FT OF C/O STEVEN E. COHEN, REG. AGENT , 800 NW 62nd STREET, SUITE 200 N 53.45 FT OF W 22.91 FT, BLOCK 84, PB 1, P 3, FT. LAUDERDALE, FL 33309-2000 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (201 & MORE EAST ATLANTIC AVENUE) $ 31.90 $ 70.00 ~ADM. FEE ;)EL IDA PARK, LOTS 8 & 9, BLOCK 6 J.C. & MARY AHERN (DEL-IDA PARK HISTORIC DISTRICT), PB 9, P 52, PO BOX 2325 PUBLIC RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 I101 NE4th STREET) $ 15.95 ..... $ 70.00 ADM.FEE Res. No. -00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE TOWN OF DELRAY, LOTS 6 & 7, BLOCK 15, LUCIUS SIMMONS PB 13, P 18, PUBLIC RECORDS OF 1657 GLENCOVE AVENUE NW PALM BEACH COUNTY,. FL PALM BAY, FL 32902-8612 i(SW7th AVENUE, 2ND LOT NORTH OF 217) $ 58.93 ....... $ 70.00 ADM. F~:E _ VIOLATION IS: SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS ............ VEGETATION, MA'II'ER CONSTITUTING HAZARDS, DECLARED NUISANCE. 5 Res. No. -00 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~/T~ - REGULAR MEETING OF MAY 16, 2000 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: May 11, 2000 Attached is the Report of Appealable Land Use Items for the period May Ist through May 12, 2000. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Comrmssion. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. RefiApagmemo/Appealables/05.16.00 TO: THRU: FROM: SUBJECT: R/D~EN, CITY MANAGER /ASMIN ~ALLEN, PLANNER · MEETING OF MAY '16, 2000 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MAY 1, 2000 THRU MAY 12, 2000 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of May 1, 2000 through May 12, 2000. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (6 to 0, Fowler absent), a Class II site plan modification, landscape plan and architectural elevation plan for Maaco, a proposed vehicle paint, body and repair shop to be located within South Congress Commerce Center located on the east side of Congress Avenue, approximately 900 feet north of Marry Fladel Drive. B. Approved (6 to 0), a Class III site plan modification and landscape plan associated with the expansion of Urdl's Waterfall Creations, Inc. an existing ornamental cast concrete/stone facility, located on the south side of NW 1st Street, approximately 430 feet west of Congress Avenue. City Commission Documentation Appealable Items Meeting of May 16, 2000 Page 2 C. Approved (5 to 0, Smith stepped down), a Class III site plan modification, landscape plan and architectural elevation plan associated with a 355 sq. ft. building addition, fa~:ade changes and parking lot improvements at 1165 East Atlantic Avenue. Concurrently, the Board granted waivers eliminating the required 5' wide landscape strip between the handicap parking space and adjacent right-of-way and reducing the required landscape strip along the west side of the parking area from 5' to 2.5'. D. Approved (6 to 0), a request for a color change for Scarlett Ivy, an existing commercial building located 183 Pineapple Grove Way (NE 2"d Avenue). E. Approved (6 to 0), a request for a color change for 1t55 East Atlantic Avenue. F. Approved (6 to 0), a request for a color change forAcura of Delray, located at the northeast corner of NE 6th Avenue (northbound Federal Highway), and NE 6th Street (655 NE 6th Avenue). Approved on a 5 to 0 vote (Keller absent, Bodker abstained), a request for a Certificate of Appropriateness, Class V site plan, landscape plan and architectural elevation plan associated with the demolition of a contributing single family structure and construction of a two-story office building containing 9,300 sq. ft. known as Cohen Office Building, located at the southeast corner of NW 1st Avenue and NW 1 st Street. Concurrently, the Board granted a waiver to eliminate the required 5' perimeter landscape buffer along the east side of the property adjacent to the parking area and to reduce the buffer from 5' to 3' adjacent to the maneuvering area on the south side of the parking area. The Board also granted a variance reducing the front building setback from 25' to 20'. No Regular Meeting was held during this period. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - MAY 16, 2000 LAKE IDA ROA~ UNT~ BOULEVARD L ~I C4NAL S.P.R.A.B.: A. MAACO AT SOUTH CONGRESS COMMERCE CENTER B. URDL'S WATERFALL CREATIONS, INC. C. f165 E. ATLANTIC AVENUE D. SCARLETTIVY E. fl55 E. ATLANTIC A VENUE F. ACURA OF DELRAY H.P.B.: 1. COHEN OFFICE BUILDING CI~P( OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 1999 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGERffffi'b~ AGENDA ITEM ~'/~' - REGULAR MEETING OF MAY 16, 2000 AWARD OF BIDS AND CONTRACTS DATE: MAY 12, 2000 This is before the City Commission to approve the award of the following bids and contracts: Grant awards thxough the Community Development Block Grant Housing Rehabilitation program to Abisset Corporation in the amount of $14,148.75 for a single family home at 927 S.W. 2~d Avenue, and to Henry Haywood in the mount of $8,809.50 for a single family home at 207 N.W. 10~ Avenue, with funding in the total amount of $22,958.25 from 118- 1963-554-49.19 (CDBG Housing Rehabilitation), and grant award through the State Housing Initiatives Partnerskip (SHIP) program in the amount of $17,146.50 to William Hatcher Construction for a single family home at 318 S.W. 6th Avenue, with funding from 118-1924-554-49.19 (SHIP Housing Rehabilitation). Emergency purchase of manufacturer's replacement parts for repairs to VAC filters at the Water Treatment Plant to Eimco Process Equipment, sole source provider, in the total amount of $13,650.00, with funding from 441-5122-536-46.90 (Water Treatment & Storage - Other Repair/Maintenance Cost). Contract award in the base bid amount of $134,290.00 to Republic Construction & Development Corp., plus Change Order #1 in the deduct amount of $13,753.00, for a net contract amount of $120,537.00 for the Veterans Park Restrooms project, with funding from 334-4126-572-62.10 (General Construction Fund- Veterans Park/Buildings). Recommend approval of the bid and contract awards listed above. Re f:Bid.Agmemo.05.16.00 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Kenneth L. Thomas, Community Development Coordinator ~,L~-- Lula Butler, Community Improvement Director [/~ May 9, 2000 Community Development Division's Housing Rehabilitation Grant Awards for Three (3) Units ITEM BEFORE THE COMMISSION This is to request approval for three (3) Housing Rehabilitation grant awards. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation as determined by the low responsible bidder plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Community Development Division provides the City of Delray Beach's Instructions to Bidders and General Bid Specifications during the formal bid process to all contractors/companies participating in the City's Affordable Housing Rehabilitation Program. The Division is responsible for ensuring that housing rehabilitation contracts are awarded to the lowest responsible bidder who meets all of the requirements contained in the Instruction to Bidders. The Contract Award and Bid Summary sheets are attached for your reference. Bids were awarded to the lowest bidder. RECOMMENDATION Staff recommends awarding the bids for three (3) Housing Rehabilitation projects to the verified responsible low bidders and authorizes awards in the following amounts: Contractor 98-006 HR 927 SW 2nd Avenue Abisset Corporation $14,148.75 97-011 HR 207 NW 10th Avenue Henry Haywood $ 8,809.50 97-031 SHR 318 SW6t~Avcnue William Hatcher Construction $17,146.50 Case Number Address Grant Amount CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2000-27 HR APPLICANT: Helen and Willie Jenkins PROJECT ADDRESS: 927 SW 2"d Avenue DATE OF BID LETTERS: April 19~ 2000 DATE OF BID OPENING: May 3~ 2000 NAME OF CONTRACTORS ABISSET CORPORATION WlLL1AM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. J.A.S. CONSTRUCTION HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: AMOUNT OF BIDS $ 13~475.00 $ $ $ $ 14~058.50 $ $ $ $ $ $ $ Abisset Corporation 14~680.00 11~485.00 BID/CONTRACT AMOUNT: $13~475.00 bid/contract amount (+ 5% Contingency of $673.75 $14~148.75) FUNDING SOURCE: CDBG Rehabilitation Program COMMENTS: Account No. 118-1963-554.49-19 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2000-27 HR APPLICANT: Ellen and William Williams PROJECT ADDRESS: 207 N%V l0th Avenue DATE OF BID LETTERS: April 19~ 2000 DATE OF BID OPENING: May 3~ 2000 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. J.A.S. CONSTRUCTION HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: $ $ $ Henry Haywood AMOUNT OF BIDS $ 9,890.00 $ $ 10~834.60 $ $ 8,390.00 $ 8,100.00 BID/CONTRACT AMOUNT: $ 8~390.00 bid~ontractamount (+ 5%Contingency of $419.50 = $ 8~809.50) FUNDING SOURCE: CDBG Rehabilitation Program COMMENTS: Account No. 118-1963-554.49-19 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2000-27 HR APPLICANT: Marion and Otis Williams PROJECT ADDRESS: 318 SW 6th Avenue DATE OF BID LETTERS: April 19~ 2000 DATE OF BID OPENING: May 3, 2000 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. J.A.S. CONSTRUCTION HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE AMOUNT OF BIDS $ 16~330.00 $ $ 22~499.95 $. $ 16~725.00 CONTRACTOR AWARDED CONTRACT: William Hatcher Construction BID/CONTRACT AMOUNT: $16~330.00 bid/contract amount (+ 5% Contingency of $816.50 = $17,146.50} FUNDING SOURCE: SHIP Rehabilitation Program Account No. 118-1924-554.49-19 COMMENTS: AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda Workshop Agenda xxxx Consent Agenda Description of item (who, what, where, how much): CASE# ADDRESS CONTRACTOR Agenda Item No.: g/~[ Date: May 9, 2000 When: May 16, 2000 TOTAL GRANT AMOUNT 98-006 HR 927 SW 2na Avenue Abisset Corporation $14,148.75 97-011 HR 207 NW 10th Avenue Henry Haywood $ 8,809.50 97-031 SHR 318 SW 6th Avenue William Hatcher Construction $17,146.50 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of two (2) Community Development Block Grant (CDBG) Housing Rehabilitation Grants and Contract Awards from Account 118-1963-554.49-19 in the total amount of $22~958.25 and approval of one (1) State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Grant and Contract Award from Account 118-1924-554.49-19 in the amount of $17,146.50. Each grant amount includes a 5% contingency. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: ~ City Attorney Review/Recommendation (if applicable):_ Budget Director Review (required on all items involving expenditure of funds): Funding available: (~YNO~$ ]lC~ ] Funding Alternatives: .(if applicable) Account No. & Description: Account Balance: City Manager Review: E~N Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph~inance Director May 10, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEET1NG EMERGENCY PURCHASE APPROVAL TO EIMCO PROCESS EQUIPMENT FOR REPAIRS PARTS FOR VAC FILTERS AT WATER TREATMENT PLANT Item Before Commission: City Commission is requested to approve the emergency purchase of manufacturer's replacement parts for repairs to VAC Filters at the Water Treatment Plant to Eimco Process Equipment for a total amount of $13,650. Background: The Water Treatment Plant is requesting the approval for the emergency purchase of manufacturer replacement parts for the VAC Filters at the Water Treatment Plant. The VAC filters separate the water from the sludge before dumping. This is the end processing treatment of water that cannot be stopped. The Water Treatment Plant has two of these units so that one can be kept ready for back-up at all times. The back-up unit is now being used, and these parts are needed for the other unit. Purchase order #585893 was processed as an emergency purchase for these manufacturer replacement parts because the mm around time for delivery is six (6) to eight (8) weeks. Purchase order was approved by City Manager. The Manager of the Water Treatment Plant is requesting approval for the emergency purchase of these manufacturer replacement parts. See attached memo dated May 08, 2000. Recommendation: Staff recommends the approval for the emergency purchase to Eimco Process Equipment for a total amount of $13,650. Funding from account code 441-5122-536-46.90. Attachments: Memo From Manager Water Treatment Plant Copy of Purchase Order #585893 FROM : CTY. ENUIROME~TAL S~RUICES PHONE NO. : 561243?060 May, 08 2000 02:51PM P2 City Of Delray Beach Department o fEn vironmental Services M E M 0 R A TO: Jackie Rooney FROM: Don Haley (~ - N D U M SUBJECT: Purchase Order 585893 DATE: May 8, 2000 Please process an agenda item for Commission-approval on the above emergency P.O. issued to Eimco Process Equipment which was approved by Ci~,y Manager on 4/20100 This is the sole source through Mfg. Replacement parts. Funding is available through the budget transfer attached. PURCHASE ORDER VENDOR: EIMCO PI40.]E."JS EcJUIPHENT PAP, T SERVICE DEPARTMENT PO BOX SALT LAKE CITY UT CITY OF DELRfl¥ BENCH PURCHASING DIVISION 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7115 SH~P TO: THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKING LISTS, LASEr. S, BILLS OF LADING AND CORRESPONDENCE. Cit7 Of Deiror Beach Florida WAFER TREATMENT PLANT 200 SW 6)'lq STREET DELRAY BEACH FL 53444 VENDOR NO.: DATENEEDED:,;i' ~,~- :~'~!,.~;,*,];~y:;,,:~" ~. 'CONFIRMTO t 8'I~0~0 6,'3~¢/20~0 DES]'IHAT ION REQU S TONED BY~ , ..... ~ ~, ~,~ ~:;;¢,&~; ;~REQ.:NO..,, ~?,¥;~;~;~¢¢i ~ALEY/CRA IG CONF'IRMED eeeee79&e4 NET 2.~ EA SPIRAL WOUND DISCHARGE ROLL ASSEMBLY 6512.0~ VENDOR ITEM NO. - L212~5A~7 2.~ SA DEMOONING BARS MFG REPLACEMENT PARTS VENDOR ITEM NO. -- 45~&16Ad THESE PARTS ARE FROM THE MFG. [URN AROUND TIME IS 6/8 WEEKS FREIGHT IS INCLUDED. TOTAL ~EMARKS: {MERGENCY PURCHASE APPROVED BY ]ITY MANAGER ~4/2~/D~ ~CCOONT: 44151225364 BILL TO: APPROVED CITY OF DELRAY BEACH ACCOUNTS PAYABLE 100 N.W. 1st AVENUE PURCHASING FROM : CTY. ENUIROME~TAL S~RUICES (1) D~lentol LlneTransfer (3) Inl~nd/Interdepadmental lranster PHONE NO. ~ 561245?060 City of Delray Beach Budget Transfer Form (2) Date ___ (4) Batch Number 08 2000 02:52PM P~ 20, 20(~ ~5) Requested By: __ D~;] Haley PROJEC! # (&) ACCOUNT NI~M llEl~ (I) DESCRIPTION (81 TRANSFER OUt (9] ~NSFER IN 441-5122-~52.2 ~ ~h eml~a~ 16~ 2 441~122-536~46.90 Other RePaJr/Maint C°sts IJUSTIFICA~ON: to COVer emergency purchase order 79~4 (vac. F~lter) Finance Dbecfor C~ Manager ~, (11) Budget Revision Daf~ ..... (13) Period (12) Conl;ol Numb=r (14) Count _ AGENDAITEM NUMBER: AGENDA REQUEST Request to be placed on: May 16, 2000 Date: May 10, 2000 __ Special Agenda __ Workshop Agenda XX Consent Agenda When: Description of agenda item: Approve emergency purchase of manufacture~replacement parts for repairs to VAC Filter at the Water Treatment Plant to Eimco Process Equipment for a total amount of $13,650. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve emergency pumhase order issued to Eimco Process Equipment for the emergency purchase of manufacturer's replacement parts for the VAC Filter at the Water Treatment Plant for a total amount of $13,650. Funding from account code 441-5122-536-46.90. Department Head Signa~ ~ Determination of Consistenc w'~h//Comprehensive Plan: ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~~5 ) '°') ° ~o Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ Hold Unfih Agenda Coordinator Review: Received: Action: Approved (if applicable) Disapproved ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Howard Wight/~ ~ ..~ Dep. Dir. Con~t~(Y~Yort_ May 12, 2000 AGENDA REQUEST for 05/16/00 Veteran's park Restroom Modifications Project Contract Award with Change Order #1 Project No. 96-040 Attached is an Agenda Request for City Commission approval of award of contract to Republic Construction & Development Corp. for the construction of a new restrooms and interior modifications to existing restrooms at the Veteran's Park Adult Center. Per direction by your memo dated May 5th, 2000, we are requesting award of base bid in the amount of $134,290.00, plus approval of a net deduct Change Order #1 in the amount of $13,753.00, for a net contract amount of $120,537.00. Change Order #1 is the result of value engineering to reduce the scope of work. Staff recommends City Commission approve an award of construction contract to the lowest responsive bidder, Republic Construction & Development Corporation, in the base bid amount of $134,291).1)0, and the award of Change Order #1 in the amount of -$13,753.00 for the construction of the Veteran's Park Restroom Modification project. Funding is available from 334-4126-572-62.10, General Construction Fund/Veteran's Park/Buildings. A copy of the bid tabulation (from the re-bid) and Budget Transfer Form is attached for your review. Richard Hasko; Director of ESD Joe Weldon; Director of Pane's & Recreation Victor Majtenyi; Assistant Construction Mgr., ESD File 96-040 (A) s\...\96040~agmem051600 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 96-040 DATE: PROJECT TITLE: Veteran's Park Restroom Modifications TO CONTRACTOR: Republic Construction and Development Corporation 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 Incorporate reduced scope of work to project per the attached schedule "A": Net Deduct Change Order #1 -$13,753.00 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 10.2 % TOTAL PER CENT DECREASE TO DATE 10.2 % $134,290.00 $0.00 $134,290.00 - $13,753.00 $120,537.00 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. Republic Construction and Development Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Funding is available from account 334-4126-572-62.10, Department General Construction Fund/Veteran's Park/Buildings. DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor APPROVED: ATTEST: By: City ARomey City Clerk Veteran's Park Restroom Modifications Project No. 96-040, Bid No. 2000-08 Change Order # 1 Schedule A Description Deduct/Add 1. Use plastic laminate partitions vs. high density plastic. N/A 2. * Provide separate grab bags in each toilet in lieu of the wrap around type · City will supply/GC install toilet paper, paper towel & soap dispensers See note 10 · Delete tilted mirror at handicapped toilet- not required by code. · Delete 2 utility shelves 3. Delete all wall tile to wainscot, use tile on restroom floors only and base them. Use epoxy painted drywall walls. -$3,900.00 4. Delete impact glass at entry door. Reuse the existing storm shutters. -$3,440.00 5. Delete the awning from the project (City will do later under separate budget). -$1,600.00 6. There are way too many emergency lights being proposed. Please have them revisit that. Each one you delete will save you $I00 or so. Also consider where you have back-to-back lights - using one housing with remote light. (ask electrician for amount -$1,210.00 needed) Assumed 11 ~ $110.00 ea. 7. Revise toilet room exhaust from the north side ofthe building to the south. -$300.00 8. Add at least a 6" x 6" drop of a/c into each evening restroom. Some air should be here. ~ +$300.00 9. Delete landscaping & irrigation (will be installed by City crews) -$2,343.00 10. Delete accessories as per attached quotation from Multiline Building Specialties, Inc. -$1,260.00 11. Existing unit is a relatively new 5 ton unit...could you ask your AC N/A sub if it would be practical to tap ducts into this unit rather than adding a new unit. 12. Epoxy paint in-lieu of wall tile. N/A Total deduct -$13,753.00 File: engadmin/projects/96-040/constrcfflist Agenda Item No. ~ AGENDA REQUEST Date: May 12, 2000 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda When: May 16, 2000 Description of item (who, what, where, how much): Staff requests the City Commission approve a construction contract with Republic Construction & Development Corp., the lowest responsive bidder, in the base bid amount of $134,290.00, plus a deduct Change Order #1 in the amount of -$13,753.00, to R.C.&D.C. for the construction of Restrooms and interior modifications to existing Restrooms at Veteran's Park Adult Center. Funding is available from the General Construction Fund/Capital Outlay, Buildings; account No. 334-4126-572-62.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve a construction contract with Republic Construction & Development Corp. in the base bid amount of $134,290.00, and Change amount of-$13,753.00, for constl~Cfio~l ~ms at ~eter~3~'~rk. Order #1 intle Department head signature: ~,.~,~_~, ~./.~,/~=~ O'-~'/Z' c,~ /~//~'~ H 'v Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation if applicable).'. Budget Director Review (required on all it~,J3~ in~3[~l~.~xpenditure of funds): Funding available: '(~NO Funding alternatives (if applicable): ' Account No. & Description 334-4126-572-62.10 General Construction Fund, Veteran's Park, Buildings. Account Balance t~ City Manager Review: Approved for agenda: ~0 ~'~21 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~...~040~agreq051600 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~// AGENDA ITEM~/~l - REGULAR MEETING OF MAY 16, 2000 INTERNATIONAL TENNIS RESORT DATE: MAY 12, 2000 Following the Commission's decision on Tuesday not to go forward on acquisition of the International Tennis Resort property at the price of $725,000, we received word that the owner might be willing to subtract from the price our $70,000 estimate for demolition of the clubhouse. Late Friday we received word that the owner would accept a total price of $655,000 ($725,000 - $70,000). That reduces the City's initial cost for the acquisition to $280,000. This is calculated as follows: Purchase Price $655,000 Less sale of 10 courts to Homeowners Association 225,000 $430,000 Less Homeowners payment for court maintenance Net initial cost 150,000 $280,000 Again, I would propose that this acquisition cost be paid from Recreation Impact fees. Some of the rehabilitation costs could also be paid from that source. The City Attorney's Office will provide a more detailed outline of the acquisition proposal prior to the Commission meeting on Tuesday. Staff recommends that the Commission authorize advertising the proposed acquisition with a formal vote on the purchase contract to take place on June 6, 2000. S/City Clerk/Memo 2000/Itt [ITY I)F I)ELARY BEI:IgH CITY ATTORNEY'S OFFICE DELP. AY BEA£H 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM May 15, 2000 City Commission m~~ Brian Shutt, Assistant City Atto Essential Terms of the Contract for Sale and Purchase of the International Tennis Resort facility Located at 2350 Jaeger Drive The contracts and deeds are being finalized and reviewed by the attorney for the Racquet Club Association. I am sending this memo to you at this time so that you may see what the essential terms and conditions of the contracts are before tomorrow nights meeting. We hope to have the contracts and deeds finalized by then, depending on our receipt back from the Racquet Club Association. The essential terms of the purchase of the property by the City are as follows: The City shall purchase the entire 24 tennis court property and parking areas for $655,000.00. The City shall also give the Seller four individual golf passes for a period of 7 years as well as grant the owners or renters of units in the St. Tropez development free tennis memberships for a period of 7 years. 2. The City is to pay for the title insurance and survey of the property. 3. The Seller shall pay all documentary stamps, and cost to cure any title defect. The closing for this sale and purchase shall be simultaneous with the sale of the ten tennis courts to the Delray Racquet Club Association. If the Delray Racquet Club Association is unable to close on the property then the City's closing to purchase the property shall not occur. The essential terms of the sale of the 10 tennis courts and parking area to the Delray Racquet Club Association are as follows: The sale price of the property is $225,000.00 plus the association will pay $150,000.00 for the maintenance of the tennis courts and parking area through the duration of the City's reservation of easement. The City shall retain a non-exclusive easement over the parking area adjacent to the 10 tennis courts for as long as the City owns the adjacent property, but in no event shall the easement term exceed 99 years. The City shall have the obligation to maintain the parking area in the same manner that it maintains other public parking areas in the City during the easement term. The City shall retain a non-exclusive easement over the 10 tennis courts for a period of 35 years. During this term, the City shall maintain, operate and have use of the 10 tennis courts. The City must maintain and operate the 10 tennis courts in the same manner and to the same extent that it operates and maintains the other City owned tennis courts. The City will not install lighting on the 10 tennis courts nor try to operate them after dusk. Racquet Club agrees to have its members pay membership fees for the right to play tennis on the tennis courts and the fees will be split by percentage between the City and the Racquet Club. The closing on this contract between the City and Association is contingent upon the City receiving fee simple title to this property from the current owner. The Closing for the sale of the property must be simultaneous with the Closing of the purchase of the property by the City. Please call if you have any questions. cc: David Harden, City Manager / Alison MacGregor Harty, City Clerk Proposed Initial Rehab Budget for Lavers Facilities Tennis Court resurfacing Termite treatment: concession/bathhouse Refurbish pool Further evaluation of clubhouse Misc. repairs Total $ 42,500 1,800 38,300 10,000 7,400 $100,000 MEMORANDUM DATE: May 11, 2000 TO: Dave Harden FROM: Brahm Dubin RE: Purchase of International Tennis Resort Enclosed please find a listing of 301 signatures in support of the acquisition of ITR. This survey was completed in February of 2000. Please note that 57% or 171 signatures represent residents of the City of Delray Beach. U:\p\bd\tennis\dav¢ harden 3-22-00 TENNIS CENTER 201 W. Atlantic Avenue · Deiray Beach, FL · 33444 · Phone: (561)243-73d0 · Fax: (561)24~-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of th~ TENNIS CENTER 201 W. Atlantic Avenue · Delray Beach, FL · 33444 · Phone: (561)243-7360 · Fax: (561)243-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of the International Tennis Resort. ~ PRINT NAME SIGNATURE RESIDENT/Y-N PHONE # 297 -3~Iq /os7 TENNIS CENTER 20`1 W. Atlantic Avenue · Delra¥ Beach, FL · 33444 · Phone: (56'1)243-7360 · Fax: (56'1)243-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of the International Tennis Resort. PRINT NAME . SIGNATURE RESIDENT/Y-N PHONE # TENNIS CENTER 201 W. Atlantic Avenue · DeFray Beach, FL · 33444 · Phone: (561)243-7360 · Fax: (561)243-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of the International Tennis Resort. PHONE # TENNIS CENTER 201 W. Atlantic Avenue · Delray Beach, FL · 33444 · Phone: (561)243-7360 · Fax: (561)243-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of the International Tennis Resort. ILES I~.,~T/Y -N PHONE # · 7¢~ ~7~/ .27g-V7~/ TENNIS CENTER 201 W. Atlantic Avenue · Delray Beach, FL · 33444 · Phone: (551)243-7360 · Fax: (551)243-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of the International Tennis Resort. PHONE it TENNIS CENTER 201 W. Atlantic Avenue · Delray Beach, FL · 33444 · Phone: (561)243-7360 · Fax: (561)243-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of the International Tennis Resort. PRINT NAME SIGNATURE RESIDENT/Y-N ¥ Y PHONE TENNIS CENTER 201 W. Atlantic Avenue · Delray Beach, FL · 33444 · Phone: (561)243-7360 · Fax: (561)243-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of the International Tennis Resort. PRINT NAME SIGNATURE RES1DENT/Y-N PHONE # TENNIS CENTER 201 W. Atlantic Avenue · Delray Beach, FL · 33444 · Phone: (561)243-7360 · Fax: (561)243-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of the International Tennis Resort. PRINT NAME ~, , Y PHONE # TENNIS CENTER 201 W. Atlantic Avenue · Delra¥ Beach, FL, 33444 · Phone: (561)243-7360 · Fax: (561)243-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of the International Tennis Resort. PRINT NAME . SIGNATURE RESIDENT/Y-N TENNIS CENTER 201 W. Atlantic Avenue · Delray Beach, FL · 33444 · Phone: (561)243-7360 · Fax: (561)243-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of the International Tennis Resort. Y PHONE # TENNIS CENTER 201 W. Atlantic Avenue · Delray Beach, FL · 33444 · Phone: (561)243-7360 · Fax: (561)243-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of the International Tennis Resort. PHONE # TENNIS CENTER 201 W. Atlantic Avenue · Delray Beach, FL · 33444 · Phone: (561)243-7360 · Fax: (561)243-7362 LETTER OF SUPPORT I strongly believe that the City of Delray Beach should buy more tennis courts to better service the needs of its community. Therefore, I support the acquisition of the International Tennis Resort. PRINT NAME . SIGNATURE RESIDENT/Y-N PHONE # TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR JANET MEEKS, SENIOR PLANNER ~ MEETING OF MAY 16, 2000 ****CONSENT AGENDA**** CONSIDERATION OF A REQUEST TO REDUCE THE PAVEMENT WIDTH FROM 24' TO 22' FOR A PORTION OF THE RESIDENTIAL STREETS LOCATED WITHIN THF PROPOSED PARKSlDE TOWNHOMES DEVELOPMENT PURSUANT TO LDR SECTION 6.1.2{C). THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1 100 FEET NORTH OF ATLANT C AVENUE ON THE EAST SIDE OF CORAL TRACF BOULEVARD The development proposal is to construct a 165 unit multi-family rental development known as Parkside Townhomes (fka The Tate Property). The site is designed as an urban townhouse style project. The street network consists of loops and short segments, some of which connect to the main Iccp road and others with dead-end conditions. To construct the project as proposed the applicant has requested a reduction in pavement width from 24' to 22' for portions of the roads located within the subdivision. Reduction in Pavement Width Analysis: Pursuant to LDR 6.1.2(B)(3), the required pavement width for a local street is 24'. The development proposal is to provide a pavement width of 22' for only those portions of the streets that contain the parallel parking spaces. A pavement width of 24' is to be maintained in all other areas of the subdivision. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance, and provided this reduction would not endanger public safety and welfare. The City Engineer and the Fire Marshal have reviewed the request to reduce the pavement width from 24' to 22' and supports the request. While our City standard does not provide for a 22' standard section, this is an acceptable standard for many other municipalities and Palm Beach County, and is often recommended as a traffic calming measure. In this particular case, the reduction in pavement width will help to reduce the amount of pavement being proposed and maintain the "urban" type of design. At its meeting of April 12, 2000, the Site Plan Review and Appearance Board considered the request in conjunction with approval of the site plan. After a quasi-judicial hearing, the Board on a 6-0 vote (Smith absent) recommended approval of the reduction in pavement width. Approve the request to reduce the pavement width for portions of the internal streets located within The Parkside Townhome development from 24' to 22' as indicated on the site plan. Attachments: Site Plan TO: THRU: FROM: SUBJECT: DAVID T HARDEN, CiTY MANAGER ('*'"", ~"~ . . n MEETING OF MAY ~6, 2000 ACCEPTANCE OF AN IN-LIEU PARKING FEE AGREEMENT FOR PINEAPPLE TOWN. The subject property is located on the southeast corner of Pineapple Grove Way (NE 2nd Avenue) and NE 2"d Street, within the Pineapple Grove Main Street area, and is zoned CBD (Central Business District). At its meeting of March 29, 2000, the Site Plan Review and Appearance Board approved a Class Iii Site Plan modification to replace the temporary pea-rock parking area with a 2,017 sq. ft. building addition. A condition of approval was that the City Commission approve an in-lieu parking fee agreement in the amount of $12,000 for 2 required parking spaces. The current proposal requires a total of 7 on-site parking spaces and only 5 spaces are provided on-site within the existing asphalt parking lot to the south of the proposed building. Pursuant to LDR Section 4.4.13(G)(1)(c), within the Pineapple Grove section of the CBD, when it is impossible or inappropriate to provide the required parking on-site or off-site, the parking requirement may be met by providing an in-lieu parking fee of $6,000 a space. Due to site constraints and the location of the building, the in-lieu fee option has been proposed for the 2 required parking spaces, which will cost a total of $12,000. The agreement allows for payment of the fee over a 3-year period. At its meeting of March 23, 2000, the Parking Management Advisory Board recommended approval of the agreement. The applicants have raised a concern regarding the possibility that during the 3-year payment period, the parking requirements for the Pineapple Grove area may be reduced. If such a reduction occurs, and if it results in a lesser parking requirement for their project, they would like any remaining payments due to be adjusted accordingly. They asked that the agreement be modified to provide for that possibility. Staff is concerned about altering the language of the standard agreement, however, if the Commission desires, the following language could be added: Owner is required to provide the parking spaces to comply with the City's Land Development Regulations as they currently exist or as they may be amended during the term of this Agreement. By motion, approve the standard in-lieu of parking fee agreement in the amount of $12,000 for 2 parking spaces for Pineapple Town. Attachments: · In-Lieu of Parking Fee Agreement · Site Plan RECEIVED £1TY OF DELRI:IY BEfl£H CiTY ATTORNEY'S OFFICE DELRAY BEACH Ali.America C~ ® 1993 DATE: TO: May 10, 2000 FROM: CiTY r,~ANAGER 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 David T. Harden, City M.~ger Brian Shutt, Assistant City Attorney SUBJECT: In-Lieu Parking Fee Agreement with Pineapple Town I have attached a revised standard in-lieu parking fee agreement with the owner of the Pineapple Town property. There was an error in the 5th WHEREAS clause, the 12 should be 6. That is corrected in this draft. Please call if you have any questions. Attachment cc: Diane Dominguez, Director of P&Z Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 IN-LIEU OF PARKING FEE AGREEMENT THIS AGREEMENT (the "Agreement") is made as of the __ day of 2000, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida (" City" ), and OUTSIDE THE BOX, INC. (" Owner" ). WHEREAS, Owner is the owner of certain real property located at 210 N.E. 2nd Street, Delray Beach, Florida 33444 (the "Property"); and WHEREAS, Owner has applied to the City for approval for the development of a commercial building on the Property for retail and office use; and WHEREAS, as a condition of approval for the development on the Property, Owner must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations further provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing two (2) of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations further provides that the in-lieu paring fee shall be Six Thousand Dollars ($6,000.00) per parking space and may be paid in installments; and WHEREAS, the parties desire to enter into this Agreement in order to confu'm the terms on which the in-lieu parking fee shall be paid by Owner. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit "A". 3. The City hereby confn-ms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing two (2) of the required number of parking spaces for the development of the Property. 4. Owner shall pay to the City a total in-lieu of parking fee of Twelve Thousand Dollars ($12,000.00) (which represents $6,000.00 per parking space). The total fee shall be paid as follows: (a) One payment in the amount of Six Thousand and 00/100 Dollars ($6,000.00) by check delivered to the City upon execution of this Agreement by the City. (b) Two payments, each in the amount of Three Thousand and 00/100 Dollars ($3,000.00), due on the second and third anniversary of the date of this Agreement. (c) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. In the event Owner fails to make a payment by the date required, the City shall provide written notice by certified mail, return receipt requested to Owner at 1810 Lake Drive, Delray Beach, Florida 33444, or at such other address as may be designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment no later than thirty (30) days from the date the notice is received. Failure of Owner to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. The City shall thereby be entitled to accelerate the remaining payments demand payment and file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 10. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk By: David Schmidt, Mayor Approved as to Form: By: City Attorney WITNESS~: Vr q me: OWNE~ By: ~r~--~HHo~-~--~- _ ~ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this /,~,~x day of k'v'X , 9000 byTt~,N._~v,~_~..,'~ ~..~.' ~,,,-.¥' (name of officer or agent, title of office) ~f O& <.~, "~xj'M ~ .~ %.~ ~'T ~ cf7 '(name of corporation acknowledging), a '~.ar,',~- (state or place of incorporation) corporanon, on behalf of the corporation. He)She.ix permvally~ has produced '~ L ~d,,c~T~~ ~.-',c .~ as identification. ~_.~, ,~ /////~ ~ /S~ktu-re of-No{ary/P'ubiic- S,t~e of Florida 4 LEGAL ~ f~ Ca r t~i'~ON r I , = '.= = aBSTRACTOR ~LE SEARCH W4S PERFORMED KIN~Cit~ } DISCOVER THE ~IS~NCE OF ANY ~SEMENT$ ~ ~1 ~:d ~ - . I ~ ........ ~., , ~ eel~ = Ar~an~c,.~ ,.{=, NORTH ,EVA TIONS SHOWN HEREON ARE B4SED ON ~ ~ T=nn[s Ctr ' VLE~S O~ERWISE NOTED. ~:-:~~ ~-e~ ~ Not to Scale Y ~ELOW GROUND IMPROVEMEN~, FOOTERS, . ~ ..[', ~ ................. ~ ~ Map a.a. = official recora book Tran. = transformer pad .B. = plat book P = plat PG. = page a.S. = concrete block ~ure F.P.& L = Florida Power & Light yp = ~picar ~= power pole I.R. = iron ro~ :.C, = point of compound cu~e CM= concrete manumeR: ~ = right-of-way M = me~ured R = radius 2,P, = per.ansan: control point P.R.C. = point of reverse cuwe ~ = ce~t~l angle J.P, = iron pipe D = deed 3.C. = point of commencement P.I, = point of interse~ion ~ )= being basis line RP = radius point C/S = offset 3,9. = point of beginning P.T. = poin~ o[ tangency ~ph = asphalt L = arc length Conc= concrete E = :minage easement ~ = not field measured A.H. = manhole CL = ~enterline E~mt = easement ~LP. = corrugated metal pipe WPF = wood prlva~ fence )/E = utili~ easement ALUM. = aluminum Calc= ~[culated L.S. = registered land su~eyor Cha~ = cha~ahaochee ;LF ~ chain link ~ence P.C, = point of cure.re L = licensed business P.R.M. ~ ~anent reference mum ~ment ~~ 1 S,E. 4ih Ave., Suite  Deiray Beach, FL 33~3 0~ T~ ~0~, ~C. Phone 561-243-4~24 ~ION F~ 2~69 l~ Succ~om sneer ~i~ ATI~ Wmsl Palm 735-7639 West Palm Fax 735-7641 PE~Y & S~ONE, P~ Toll Free F~ Free 1-800-954-~08 Flood Zone: ',' ~" Map No: araby codify that the Sketch of BoUnda~ $U~ey shown ets the m'nlmum ~¢h~ical sta~a~set fo~h in Chaoter 61G17-6, Map Date: rid2 Ad~inistra:i~ ~ ~ode purs~ ~o Sec~ioq ~7~,0~7, Florid~ / ~ ~ [ Job No: ~ - ~ 7- C ~ ~ ~ . ~.wayor's seal -~ A. Bt ~g~ '~ ~ / P.L.S. N~. ~9 Revised: 05/08/00 )ION 16:00 [TX/RX NO 6867] 05/08/00 MON 16:00 [TX/RX NO 6867] rlT¥ I)F DELRIW BEI1£H pE~L?~ S~E^,,Cq AII-Ameflca City lgg~ TO: 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000 MEMO DUM David T. Harden City Manager FROM: n~) Robert A. Barcinski t~' Assistant City Manager DATE: May 10, 2000 SUBJECT: Agenda Item City Commission Meeting May 16, 2000 Amendment Parking License Agreement ACTION City Commission is requested to approve an amendment to the Parking License Agreement with Caf6 Luna Rosa dated February 17, 1999 to permit daytime valet service, 11:00 a.m. to 11:00 p.m. year round. BACKGROUND A request was received from Mr. Marincola to amend the existing agreement to allow valet parking Monday through Sunday from 11:00 a.m. to 11:00 p.m. year round. The existing agreement as amended, allows valet parking Monday -Friday from 5:00 p.m. to 11:00 p.m. and Saturdays and Sundays from 11:00 a.m. to 11:00 p.m. May 1st through December 14th and 11:00 a.m. to 11:00 p.m. Monday through Sunday December 15th through April 30th. Mr. Marincola is now requesting valet parking be allowed from 11:00 a.m. until 11:00 p.m. year round. Staff reviewed the proposal and had no problems with the request. The Parking Management Advisory Board at their meeting held on April 25, 2000 unanimously recommended approval (8-0). RECOMMENDATION Staff recommends approval of the amendment to the Parking License Agreement with Caf6 Luna Rosa to allow valet service seven days a week from 11:00 a.m. to 11:00 p.m. year round. RAB/tas File:u:sweeney/agenda Doc: amendment parking license agmt THE EFFORT ALWAYS MATTERS ~ ~). Request to be placed on: X Regular Agenda When: May 16, 2000 Description of agenda item: AGENDA ITEM NUMBER: AGENDA REQUEST Special Agenda Date: May 10, 2000 __ Workshop Agenda City Commission is requested to approve an amendment to the Parking License Agreement with Cafe Luna Rosa dated February 17, 1999 to permit daytime valet service, 11:00 a.m. to 11:00 p.m. year round. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO ~' NO Recommendation: Approval Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all Items involving expenditure of funds): Funding available: Yes No. Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda~) ~ No Hold Until: ~ Agenda Coordinator Review: Received: Action: Approved Disapproved P.O.# (if applicable) AMENDMENT NO. 2 TO PARKING LICENSE AGREEMENT THIS AMENDMENT NO. 2 to the Parking License Agreement dated February 17, 1999 is made this day of ,2000 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY"), and CAFFE LUNA ROSA, INC. a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, the CITY and LICENSEE entered into a Parking License Agreement dated February 17, 1999 (the "Agreement"); and WHEREAS, a six month extension was previously granted by the CITY; and WHEREAS, LICENSEE received a modification to the Parking License Agreement to extend the hours of the current parking queues in the first amendment to this agreement; and WHEREAS, LICENSEE, in this Amendment No. 2, seeks to extend the hours and days of its current parking queues. NOW THEREFORE, in consideration of the covenants and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Parking License Agreement of February 17, 1999 and the Amendment thereto dated May 3, 2000 are modified as follows: 1. Paragraph 2 of the Agreement entitled "Parking Queues" and as set forth in the first amendment is hereby modified in its entirety to read as follows: 2. Parkine Oueues. The CITY agrees to allow LICENSEE the non- exclusive use of four (4) parking spaces located on the fourth through seventh spaces on the south side of Atlantic Avenue, west of A-1-A for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of 11:00 a.m. and 11:00 p.m. Monday through Sunday. LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY'S sole discretion) and during the special events the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may from time to time be re-located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The valet queues assigned may also be shared by other licensees who enter into a "Parking License Agreement" with the CITY. The City Police Department is assigned enforcement responsibilities for the provisions of this Agreement regarding the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. 2. Paragraph 7 of the Agreement and the first Amendment entitled "Term and Renewal" is hereby modified in its entirety to read as follows: 7. Term and Renewal. The term of this Agreement shall be for one (1) year from the date written above. The license may be renewed annually following receipt of a written notice form LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interest of the CITY. 3. Other Terms. All other terms and conditions of the Agreement entered into on February 17, 1999, as amended, including all paragraphs not expressly modified by this amendment, shall remain in full force and effect binding on the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this __ day of ,2000. ATTEST: City Clerk Approved as to form: THE CITY OF DELRAY BEACH, a Florida Municipal Corporation By: David Schmidt Mayor City Attorney (SEAL) CAFFE LUNA ROSA, INC. a Florida Corporation By:. Name Printed: Title: 2 STATE OF FLORIDA COUNTY OF The foregoing instrument ., 2000 by corporation. was acknowledged before me this ~a He/She is personally known to me or has produced day of of corporation, on behalf of the as identification. Signature of Notary Public - State of Florida 3 £1TY OF DEl, AllY BEIt£H DI~LRAY BEACH NI-AmericaCity TO: FROM: 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 · 561/243-7000 ME. MOR DUM David T. Harden City Manager Robert A. Barcinski Assistant City Manager DATE: May 11, 2000 SUBJECT: Agenda Item Ci~ Commission Meeting May 16, 2000 Approval Resolution No. 43-00 and Special Event Request - 23r" Roots Cultural Festival ACTION City Commission is r~quested to approve Resolution No 43-00 supporting and endorsin the rd .... ' 23 Annual Roots Cultural FesUval begmmng w~th an opening ceremony on May 19~ and ending on August 13th. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of City facilities and rights of way, to authorize staff support for security, traffic control, barricading, signage, stage set up and removal, and clean up and trash removal. Approval is also requested for use of the small stage on June 9th and the large stage from August 11th through the 13th waiving rental fees, waiver of rental fees for use of City facilities, waiver of staff overtime, waiver of LDR's Section 4.6.7(C)(5)(a) and (9) to allow banners and flags and to allow event signs to be put up more than one week before the event. BACKGROUND Attached is a request from Mr. Tommy Stevens, Executive Director of the Roots Cultural Festival requesting a City Resolution supporting and endorsing this years event, staff support for traffic control, security, stage use and set up, barricading and signage, permission to hang banners and flags, use of City facilities and stages, waiver of facilities and rental fees, a waiver to signage to be put up more than one week before the event and a waiver of all staff overtime. Estimated overtime costs for this years event are approximately $14,000 of which $12,000 is estimated for police overtime. Last years actual overtime costs were approximately $8,400. Increases have been anticipated for additional activities this year. Police staff will be meeting with Mr. Stevens on Tuesday to review overtime estimates. These may be reduced. In the budget process Commission agreed to waive police THE EFFORT ALWAYS MATTERS Subject: Page .4genda Item City Commission Meeting May 16, 2000 ,~pproval ~e2solution No. 43-00 and Special Event Request- 23rd Roots Cultural Festival overtime up to $6,000 versus a cash contribution. The applicant has provided a certificate of insurance. RECOMMENDATION Staffrecommends approval of Resolution No. 43-00, the temporary use permit for use of City facilities and rights of way, the sign, banner and flag waiver, use of City stages on dates requested, waiver of stage rental fees, staff support for security, traffic control, barricading, signage, and clean up and trash removal and consider waiver of overtime costs. Contingent on receipt of a hold harmless agreement. RAB/tas File:u:sweeney/agenda Doc: roots cultural festival 2000 RESOLUTION NO. 43-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DRI'.RAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF THE 23m~ ANNUAL ROOTS CULTURAL FESTIVAL IN THE CITY OF DR!.RAy BEACH. WHEREAS, the Roots Cultural Festival, Inc. is sponsoring the 234 Annual Roots Cultural Festival in the City of Dekay Beach from May 19t~ through August 13, 2000; and WHEREAS, the Roots Cultural Festival presents to the community, state and nation a view of the rich cultural heritage of people of African ancestry in our city; and WHEREAS, the Roots Festival was originally conceived by the Jefferson Manor Homes Association in an effort to bring people together to develop pride, respect and appreciation for their community as well as the particular heritage which they bring to Delray Beach; and WHEREAS, the Roots Cultural Festival provides an opportunity for exciting experiences · for all, reminiscent of the Bahamas, the West Indies, Haiti and other countries from which people of African ancestry have come to South Florida; and WHEREAS, the activities of the festival are to promote math, hnguage and communication development among our youth, to promote physical fitness through sports tournaments, to promote cultural enrichment and appreciation through exhibits, creative dance and dramatic presentations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ That the Delray Beach City Commission hereby supports the Roots Cultural Festival, Inc. in their sponsorship of the 2L~w.,12VArU~IE ROOTS CULTURAL I"~STIVAL in the City of Dekay Beach. e.~_q.0._0_g_~. That the City Commission hereby recognizes the 234 Anniversary of the Roots Cultural Festival and commends its sponsors and supporters for holding this significant cultural event in the City of Dekay Beach. PASSED AND ADOPTED in reg,,1.r session on this the 16~' day of May, 2000. A'ITI~ST: ~ City Clerl~/ - ! CULTURA Ir£$TiVAL lNG. A Celebration of Unity and Culture The Honorable David Schmidt, Mayor City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 May 3, 2000 Dear Mayor Schmidt: We are excited to announce the celebration of the 23rd annual Roots Cultural Festival. This year's event is expected to be very successful. On behalf of the festival committee and the community, we thank the city of Delray Beach for its past support and participation. We also appreciate the annual resolution in honor of our efforts to present activities which improve the quality of life to the youth and citizens of Delray Beach. We are again requesting that a resolution be granted by the city commission sanctioning the efforts of this cultural organization through the support of the various municipal departments such as the Police, Parks and Recreation, and other departments. We are certain that this event will bring positive recognition to our Ali America City. The community enthusiastically looks forward to the festival each year. Through our statewide contacts and national promotion, we have helped cause the name of Delray Beach to become synonymous with summer cultural experiences in South Florida. Attached, please find a copy of our schedule and support request list. We invite you and the Commissioners to share in the activities which are planned from May 19th through August 13th. Sincerely yours, Andrea Bi, ton, Bo~r~k Chair Tommy L. Stevens, Executive Director Attachments P.O. Box 2654 Delray Beach, FL. 33447 · ROOTS CULTURAL FESTIVAL FY 2000 SUPPORT LIST Police Security The city to waive the fee for the rental of the small stage (for June 9th) and the large stage (for August 11th, 12th, & 13th). The city to allow the display of the Roots flag, as well as flags of Africa and the islands represented in the Taste of Africa Cook-off along Atlantic Avenue. The city to waive fees for the use of facilities and staff for all activities scheduled at Pompey Park and other appropriate city facilities. The city to provide Roots signage on Atlantic Avenue and other appropriate sites. The city to allow useage of S. W. 4th Avenue from Atlantic Avenue to West entrance of the Police station for the Taste of Africa and the Islands cook-off and street festival on June 9th. (Mrs. Edith Quince, 10 S. W. 4th Avenue, is the only resident in the designated area. She is aware of and does not object of the event.) YEAR 2000 CULTURA! F'ESTiVAL. lNG. A Celebration of Unity and Culture SCHEDULE MAY 19 - Roots Dedication Service - Christ Missionary Baptist Church JUNE 2, 3, 4 - Bowling Tournament - Falrlanes of Boynton Beach 9 - Taste of Africa and the Islands (Cook-Off) - Wideman Building Patio 17 - Swim Meet & Splash Party - Pompey Park Pool 24 - Kwanzaa Seminar - Pompey Park Auditorium 30 - Youth Basketball Tournament - Pompey Park Gymnasium JULY l&2 1 12 14 19 - 21 21, 22, 23 - 16 - 24 28,29,30 28,29,30 30- 31- 31- AUGUST 1- 2 - 3 - 4,5,6 - 4,5,6 - 7 - 9 - 11- 12- 13- Youth Basketball Tournament - Pompey Park Gymnasium Safari after Dark - A benefit evening for our first African Sister City - Moshi, Tanzania - A City of Deiray Sister Cities Program Delray Beach Golf Club Gathering of Brothers & Sisters - Pompey Park Auditorium Coronation of Royal Court & Theatre Presentation - Crest Theatre Youth on Parade Talent Show - Pompey Park Summer Nights on The Avenue - Delray Tennis Center Tennis Tournament - Delray Tennis Center Gospel Fest - Old School Square Spelling Bee Elimination - Pompey Park Auditorium Golf Tournament - Deiray Beach Golf Club Racquetball Tournament - Pompey Park Oratorical Contest - St. Paul Baptist Church Youth Golf Clinic - Delray Golf Club Spelling Bee & Essay Contest - Pompey Park Auditorium Geography Bee, Language & Critical Thinking Skills Contests Math Contest - Pompey Park Auditorium Business & Financial Planning Seminar - Pompey Park Auditorium Basketball Tournament - Pompey Park Gymnasium Softball Tournament - Pompey Park Field Seminar on Strategies for Serving the Homeless - Pompey Park Aud. Black Women Seminar - Pompey Park Festival Parade City Hall to Pompey Park Jazz & Blues in the Park - Pompey Park Field Prayer Breakfast - Pompey Park Auditorium Health Fair and College Fair - Pompey Park All day Festival in the Park Gospel in the Park P,O. Box 2654 Delray Beach, FL, 33447 · Roots Cultural Festival 2000 Budget Item I. Expenee8 Personnel - Administration .................................................. $ 51 Academic & Cultural Arts Component 22,100 Entertainment Component 25,000 Sports Component 15,0C0 Self Help and Improvement Component 500 Space Rental/Utilities (12 mo. @ 500.00) 8,100 -Telephone Service (12 mo. @ 175.00) 2,100 Marketing and Advertising 10,000 Accounting Fees .......................................................... 3,0C0 Legal Fees 2,000 Insurance (Board and Festival) 6,500 Supplies 3,700 Equipment Service and Repair. 500 Concessions 3,200 Tee Shirts. 3,000 Logistics and Facility Layout ................................................. 7,000 Souvenir Booklet ......................................................... 3,000 Sound System (Indoor Activities) .............................................. 1,000 Sound System (Outdoor Activities) ............................................. 6,000 Part-time TachnicaJ Assistance ............................................... 4,000 Low-budget Activities (Youth and Parade, Splash Pa,fly, Go~oel Fast, Coronation, Theatrica/Presentation) ...... 1,000 Travel .................................................................. 1,500 Miscellaneous Expenses (P.O. Box, Income Papem, etc.) ............................ 1,000 Printing ................................................................ 1,000 Total Expenses $183,101 Roots Cultural FesUval 2000 Budget- Page 2 Item II. Revenue A. Sports Component.. B. Concessions ....................................................... C. Booth Space ........................................................ D. Souvenir Booklet ............. F_ Tee Shirts ...... ' ....................................... F. ~w-~.,~et^~.~ ....... :: : ............................... G. Grants, Foundations & Corporations ....................... 9,250.C0 4,200.C0 3,000.C0 3,000. C0 2,000.C0 $15,000.00 7,000.00 58,000.00 25,000.00 1,000.00 1,000.00 5,000.00 Palm Beach County Cultural Council C.A.S.F_ (Palm Beach County Gov~) Knight Foundation Community Foundation P.N.I. Publix Charities Sun-Sent~nal Anonymous Donor 1,200.00 I. Cash Cany-over from 1998 ............................................. J. Co~b~butions ....................................................... 6,000.00 15,000.00 Total Bodgat $183,101.00 06/03/00 RED 15:22 Fa/ ~6139547~$ PLASTI~IDGE (Boca} [~002 ONLYAND CONFERS NO RIGH~ U~N TH; CERTIFICATE ~ ~1~=~=t~ ~ Z~=. HO~ER, THIS CERTIFICA~ DOES NOT ~END, ~TEN~ 2100 ~. DLx~= ~. ALTER TH,E ~GEAFF~D~ BY THE P~LICIE8 · ~ ~eo~ ~ 33431 COMPANIES ~FORDINQCOVE~GE ~/0 ~ ItRI C Oe~ay ha~ ~ 33447-29~2 o W~ ~MP~ AND [ ~ ~R~.~ I CL~y of Oe[~y ~&~ ~s a~Long ~l~&y ~a~ T~ 33444 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~J~///I AGENDA ITEM 6~t~ - REGULAR MI~.~.TING OF MAY 16, 2000 ATLANTIC HIGH SCHOOL BAND FUNDING REQUEST DATE: MAY 12, 2000 We have received a request from the Atlantic Community High School Band for assistance with the expenses of sending the Band to the Aloha Festival to be held in Hawaii on September 16, 2000. The cost to "Sponsor a Student" is $1,500. The City has assisted with the expense of Band travel in the past - $2,000 in 1993 and $1,000 in 1991. The Comrmssion has sufficient funds remaining in your Promotional Activities contingency line item to contribute $1,500. Staff recommends that the City contribute $1,500 to Sponsor a Student for the Atlantic High School Band trip to the Aloha Festival 2000 to be funded from City Corurmssion Promotional Activities. RelSAgmemol 0.Funding Request. AHS Band ATLANTIC COMMUNITY HIGH SCHOOL MARCHING BAND + ALOHA FESTIVAL 2000 + YOU SUCCESS Disciplined musicians, well-accomplished students, chosen to represent our community l'he Greatest on the Gold Co~t PHONE: p.2~.1518 The Atlantic Community High School Marching Band - 200+ strong - under the direction of Mr. Louis St- Laurent, Director of Bands, and Mrs. Carol Carstensen, Assistant Director of Bands, has been extended an invitation to perform in the Aloha Festival 2000 in Hawaii on September 16, 2000. This is a tremendous honor for the students who have worked very hard to achieve the level of musical excellence required for selection to this high profile event. In the recent past, the band was invited to play in and attended the Fiesta Bowl, Sugar Bowl, Kickoff Classic, Six Flags-Atlanta, and The Kennedy Center as well as many other events. These honors and oppommities do not come cheaply. Students labor at their musical craft virtually all-year round. Competitive events and music festivals often require students to raise the funds necessary to attend. The Aloha Festival will require a minimum of $1,500.00 per student. The total arnonnt Atlantic H.S. needs ~r;aai~e i~, orde~r for the entire band to attend is currently estimated at $375,000. Several fund-raisers are auy ptanneu; however, support from the business community, foundations, and individuals such as you will be essential to reach our goal. We have therefore established a program entitled: "SPONSOR A STUDENT" This will give businesses and individuals the opportunity to help make a positive impact on the lives of students who are our future business and community leaders. The funds raised will be deposited into a general fund to help all students reduce their individual requirements, thereby allowing each student to have the same ability to attend. Your sponsorship will include a full-page ad in each edition of the Atlantic High School football program for the 2000 season. (Atlantic's football team will be defending their undefeated district championship next season.) A s ' ' ' . pec~al Sponsor s Package ~s also being prepared for you as an expression of gratitude from these fine young musicians, students and good-will ambassadors from South Florida. Would you please consider being a participant and "Sponsor A Student" in the amount of $1,500. With sincere appreciation, Atlantic Community High School Marching Band The Atlantic Community High School War Eagles Band, comprised of approximately 225 young musicians, represents over 0% of the school sstudantp~palat~~n.Thiswe~~dis~ip~thedandh~gb~yh~n~redmusica~gr~upisc~rnprised~f the same ethnic and socioeconomic factions that describe our most diverse community. Given the $1,500 goal of each student, it is clear that creative funding solutions must be identified. It is the goal of the Band Directors, Louis St- Laurent and Carol Carstensen, as well as the Band Parent Booster Organization. that every student be afforded the opportunity to participate in this life-changing experience. [he Prtde of De/ray and Boynton Beach P,5()I Sl~,Cl{l.k%~l' LIOUI,EVARI), I)ELRAY BF, ACI I, Iq,Ol~II)A k'g~44 ATLANTIC COMMUNITY HIGH SCHOOL MARCHING BAND "SPONSOR A STUDENT" Yes! I would like to sponsor a student of the Atlantic Community High School Marching Band to attend the Aloha Festival 2000. Sanle: Address: Telephone: E-mall: Contact person (if this is a business): I have enclosed my contribution of $1,500.00 (Please make check payable to Atlantic Community High School Band and, if you choose, note the name of the student in the memo portion.) Please enclose a camera-ready ad for the program. I cannot contribute $1.500.00 at this time. However, I would like to make the following contribution to help the band achieve their goal: Thank you again for your participation in the "Sponsor A Student" program. Our students will benefit tremendously from your generous and timely donation. Please complete and return with check payable to: Atlantic Community High School Band 2501 Seacrest Blvd. Delray Beach, Fl. 33444 Questions? Please call: Louis St- Laurent ( Director of Bands ) Phone: 561- 243 - 1518 .Charles F. ( Buzz ) Hill, Jr ( Pres. Band Boosters ) Phone: 561- 734 - 5237 Phone: $5 includes rit:~z~on We have received a request from the Atlantic Community High School Band for assistance with the expenses of sending the Band to the Aloha Festival to be held in Hawaii on September 16, 2000. The cost to "Sponsor a Student" is $1,500. The City has assisted with the expense of Band travel in the past - $2,000 in 1993 and $1,000 in 1991. The Commission has sufficient funds remaining in your Promotional Activities contingency line item to contribute $1,500. Staff recommends that the City contribute $1,500 to Sponsor a Student for the Atlantic High School Band trip to the Aloha Festival 2000 to be funded from City Commission Promotional Activities. CITY OF DELRrlY BEACH CITY ATTORNEY'S OFFICE DELRAY B~ACH 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPttONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM April 26, 2000 David T. Harden, City M.~__~ager Shu~.~g'~'~ ~ Brian , Assistant City Attorney SUBJECT: Agreement with Metricom Per our discussion, please fred the proposed Right-of-Way Use Agreement with Metricom regarding their request to use our rights of way to install their equipment in the City right-of-way. I have also attached a copy of a legal opinion regarding whether or not Metricom's radio network is considered a telecommunications system. Palm Beach County has already entered into an agreement with Metricom under essentially the same terms and conditions that are found in our proposed agreement and I have attached a copy of that agreement also. The essential terms of this agreement are as follows: 10 year initial term fee is 1%of adjusted gross revenues $60.00 annual fee for any device placed on any City structure City receives 5 free Ricochet basic service subscriptions Metricom will indemnify the City for any damage to the ROW I have also spoken to several other municipalities and they will be receiving the same fee as the City. In speaking with Metricom's representative, she has stated that they would like to be placed on the May 2, 2000 City Commission agenda. Please call if you have any questions. Delray Beach, Florida DELRAY BEACH Right-of-Way Use A reement TI-J_IS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of , [Year of Agreement Date] (the "Effective Date"), and entered into by and bet-ween the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), and NIETRICOM, INC., a Delaware corporation ("Metricom'). Recltals A. Metricom owns, maintains, and operates, in accordance with regulations promulgated by the Federal Communications Corrm'dssion, a mobile digital data communications radio network known as RicochetS, utilizing Radios (as defined in §1.10 below) and related equipment certified by the Federal Cornmurdcatiorr Commission. B. For purpose of operating RicochetS, Metricom w~shes to locate, place attach, install, operate, and maintain Radios in the Municipal Right of Way (as deft.ned in § 1.8 below) on facilities owned by the City, as well as on facilities owned by th/rd rattles therein. Agreement Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: DL~INIIIONS. The following definitions shall apply generally to the provisions of this Use Agreement: 1.1 Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross dollar amount received by Metricom for its Services (as defined in § 1.12 below) provided to subscribers with billing addresses in the City, excluding (i)the Right-of-Way Fee, if any, payable pursuant to § 4.1 et seq. below and any uti]/ty users' tax, corrununications tax, or similar tax or fee; (ii)local, state, or federal taxes that have been bi/led to the subscribers and separately stated on subscribers' bi/Is; and (iii) revenue uncollectible from subscribers (i.e., bad debts) [~Z~9 0N XH/X~] 9Z:~[ N0~ O0/~Z/~O Delray Beach, Florida with billing addresses in the City that was previously included in Adjus[ed Gross Revenues. 1.2 City. "City" means the City of Deiray Beach. 1.3 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general application to entities doing business in the City lawfully imposed by any goverrunental body (but excluding any utility users' tax franchise fees, corru-nunications tax, or similar tax or fee). 1.4 Installation Date. "Installation Date" shall mean the date that the fh'st Radio is installed by Metricom pursuant to this Use Agreement. 1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances resolutions, regulations, judicial decisions, rules, tariffs, administrative orders certificates, orders, or other requirements of the City or other governmentz agency having joint or several jurisdiction over the parties to this Use Agreement. 1.6 Metricom. "Metricom' means Metricom, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transfe[ees. 1.7 Municipal Facilities. Municipal Facilities" means City-owned street light poles, lighting fixtures, electroliers, or other City-owned structures located within the Municipal Right of Way and may refer to such facilities in the singular or plural, as appropriate to the context in which used. 1.8 Municipal Right of Way. "Municipal Right of Way" means the space in, upon, above, along, across, and over the public s~eets, roads, highways, lanes, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and places, including all public utility easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City. This term shall not include county, state, or federal rights of way or any property owned by any person or entity other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such person or entity. 1.9 Municipal Subscriber Program. "Municipal Subscriber Program" means the program described in § 4.5. 1.10 P$C. "PSC" means the Florida Public Service Commission. 1.11 Radio. "Radio" means the radio equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder. City af Delmy Beach :: Metrics, Inc. [09f123~99r~lj ~Z89 ON ~/~] 9~:~[ NO[~ O0/~Z/~O Delray Beach, Florida 1.12 Services. "Services" means the mobile digital communications service provided through Ricochet<b by Metricom. 2 TI~RM. This Use Agreement shall be effective as ot the Effective Date and shal extend for a term of ten (10) years commencing on the Installation Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Use Agreement may be renewed for three (3) successive terms of five (5) years ea~ on the same terms and conditions as set forth herein, upon approval by City. Metri, shall request approval for a renewal term at least ninety (90) days prior to expiration o the then effective term, and the City shall determine if such approval is granted at leas thirty (30) days prior to the expiration of the then current term. Such approval deemed granted unless the City noti£ies Metricom in writing, at least thirty (30) days prior to expiration of the then current term, that its application has been rejected. Metricom agrees this Agreement shall be subject to future City ordinances, rules or regulations that may be adopted by the City consistent with state or federal law. 3 SCOPE OF USE AGREEI~ENT..b,&'ly and all rights expressly granted to Met~icom under this Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Municipal Right of Way exclusively or concurrently with any other [ dedi~_~,~j}~ec~ rro,m.,.nme .to ,r~,.e, and shall ~e further subject to all deeds, easements, ] cauons, concuuons, mciuctmg any apphcable zoning regulations and conditions of /approval, covenants, rest:rlctmns, encumbrances, and claims of title of record may affect the Municipal Right of Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest, or easement. Any work performed pursuant to the rights granted under this Use Agreement shall be subject to the reasonable prior review and approval of the City. 3.1 Attachment to Municipal Facilities. The City, subject to prior review and approval in its sole discretion, authorizes and permits Metricom to enter upon the Municipal Right of Way and to locate, place, attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on Municipal Facilities for the purposes of operating Ricochet(Ii) and providing Services. In addition, subject to the provisions of § 4.4 below, Metzicom shall have the right to draw electricity for the operation of the Radios from the power source[ associated with each such attachment to Municipal Facilities. City shall notI , unreasonably delay, condition or withhold its approval or consent. Cily of l>elrny B~ch :: ~Iel~com, Inc. delra~b~acd~(l~'~al)~ [09f123mas99ru~I] pa~ $ [~Z~9 ON ~8/~£] ~Z:~I ~Ol{ O0/~Z/~O Delray Beach, Florida 3.2 Attachment to Third-Party Property. Subject to obta----ining the permission of the owner(s) of the affected property, the City hereby authorizes and perrrats Metricom to enter upon the Municipal Right of Way and to attach, operate, maintain, remove, reattach, reinstall, relocate, and replace such number of Radios in or on poles or other structures owned by public utility companies or other property owners located within the Municipal Right of Way as may be permitted by the public utility company or property owner, as the case may be. Upon request, Metricom shall furnish to the City documentation of such permission from the individual utility or property owner responsible. 3.3 No Interference. Metricorn in the performance and exercise of its rights and obligations ~nder this Use Agreement shall not interfere in any mariner with the existence and operation of any and all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, a~rial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permit-ted by appticable Laws or this Use Agreement. Any actual or anticipated radio interference caused by either the presence of the i'~dios or the presence of any such other commurdcations equipment or devices in the Municipal Right of Way shall be resolved by Metricom and any such other providers without cost to City on the basis of the applicable rules, regulations practices, and procedures of the FCC. City will attempt to require the inclusion of the same or a similar prohibition on interference as that stated above in all agreements and franchises City may enter into after the Effective Date with othe inforrrmt'ion or corru-nunications providers and carriers. 3.4 Compliance with Laws. Met'ricom shall 'comply with all applicable Law~ in the exercise and performance of its rights and obligations under this Agreement. 3.4.1 Furore Ordinances. The City and Metricom understand that this Franchise Agreement shah be subject to fut~-e ordinances, including any right-of-way construction and administration ordinances which may be adopted by the City consistent with applicable state or federal law. By execution of this Agreement, Metricom does not waive a.ny rights it may have to challenge any provisions of any future applicable ordinances which are inconsistent with state or federal law. 3.5 Obtaining Required Permits. If the attachment, installation, operation, maintenance, or location of the Radios in the Municipal Right of Way shall Right-of-Way Use Ci~ of D~l~ay B~ach :: MatcH. m, Inc. d~lrfl~lb~ach(fim~li~ iOgf125m~s99rual] I~a~ 4 Delray Beach, Florida require any permits, Metricom shall, if required under applicable ~ity ordinances, apply for the appropriate permits and pay a~y standard and customary permit fees. City shall respond, within a reasonable time, to Metricom's requests for permits and shall otherwise cooperate with Metricom tn facilitating the deployment of Ricochet~ in the Municipal Right of Way in a reasonable and timely manner. 3.6 Location and Appearance of Radios. The proposed locations of Metricom's planned initial installation of Radios shall be provided to the City promptly after Metricom's review of available street light maps and prior to deployment of the Radios. Upon the completion of irrstallation, Metricom promptly shall furnish to the City a pole list showing the exact location of the Radios in the Murticipal Right of Way. Each Radio shall be (i) self-contained in die cast aluminum painted white; (ii) measure approximately 12" x 7.2" x 4"; and weigh approximately eight pounds. Met:ricom shall seek City's prior approval, before installing any Radios materially different in size or appearance than stated above. For purposes of this Section, any increase in the dimensions of the Radios of greater than 20 percent shall be considered a "material difference" and must be pre-approved by the City before installation. 3.7 No Interference with any City Communications System. Metricom agrees that operation of its Radios will not cause interference with any City corrm'turtications system. In the event the City experiences interference as a result of intermodulation that can be fairly traced to Metricom, Metricom agrees to assume the burden of identifying and rectifying suck interference. Metricom further agrees to discontinue radio transmissions identified as causing interference to any City communications system until the interference problem is resolved. Metricom further agrees that failure to immediately discontinue such transmissions upon receipt of notice from the City shall be considered a material breach of this Agreement which may result in the immediate termination of th.is Agreement. COMPENSATION; UTILITY CHARGES. Metricom shall be solely responsible for the payment of all lawful Fees in connection with Metricorn's performance under this Use Agreement, including those set forth below. 4.1 Right-of-Way Fees. In order to compensate City for Met'ricom's entry upon and deployment within the Municipal Right of Way, Metricom shall pay to the City, on an armual basis, an amount equal to one percent (1%) of Adjusted , Gross Revenues (the "Rigrkt-of-Way Fee"), which amount may be collected f'rom Delray Beach, Florida subscribers of the Services with b'~-g addresses in the City and rem/fred to Cit~, as provided herein. The Right-of-Way Fee shall be payable for the period commencing upon the date that Services are offered to paying subscribers within the City using Radios installed pursuant to th/s Use Agreement and ending on the date of term.irmtion of this Use Agreement, and shall be due on or before the 45~ day after the end o£ each calendar year or fraction thereof. Within forty-five (45) days after the termination of this Use Agreement, compensation shall be paid for the period elapsing since the end of the last calendar year for which compensation has been paid. Metricom shall furnish to the City with each payment of compensation required by this section a statement, executed by an authorized officer of Metz'icom or his or her designee, shoW'mg the amotmt of Adjusted Gross Revenues for the period covered by the payment. If Metricom discovers any error in the correct amount of compensation due, the City shall be paid within thirty (30) days of discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise sl~all be refi,uaded or offset against the next payment due. Acceptance by the City of any payment due rtnder this section shall not be deemed to be a waiver by the City of any breach of thais Use Agreement occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amoumt was actually due or from collecting any balance due to the City. 4.1.1 Reduction of Right-of-Way Fee by Amount of Utility Users or Communications Tax. Notwithstanding az~ything to the contrary in this Use Agreement, if the Services are subject to a utility users tax, communications tax, or other similar tax or fee which accrues to the City by operation of the City's Municipal Code or other applicable law, then the amourtt of the R.~ght--of-Way Fee shall be reduced by the amount of the applicable utility users tax, commva-rications tax, or such other similar tax or fee. 4.2 Accounting Matters. Metricom shall keep accurate books of account at its principal office in Los Gatos or such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1 above. The City may inspect Metricom's books ot account relative to the City at any fime during regular business hours on tl-tLrty (30),days' prior written notice and may audit the books from time to time at the City s sole expense, but in each case only to the extent necessary to con. firm the accuracy of payments due under § 4.1 above. The City agrees to hold in confidence any non-public information it learns from Metriconn to the fullest extent permitted by Law. City of Dellwy Beach Mctrlearn, 1nc. [O~)q23ma~99ruall ~ee 6 of l6~ Delray Beach, Florida 4.3 Annual Fee. As compensation for the use of Municipal Facilities Metricom shall pay to the City an annual fee (the "Annual Fee") in the amoun"t of Sixty Dollars ($60.00) for the use of each MUrUcipal Facility, if any, upon which a Radio has been installed pursuant to this Use Agreement. The aggregate Annual Fee with respect to each year of the term shall be an amount equal to the nu.mber of Radios installed on Municipal Facilities during the preceding twelve (12) months multiplied by the Annual Fee, prorated as appropriate, and shall be due and payable not later than forty-five (45) days after each anniversary of the Installation Date. City represents and covenants that City owns aH Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee pursuant to this § 4.l. 4.3.1 CPI Adjustment. Effective corru-nencing on the fifth (5~) anniversary of the Installation Date and continuing on each fifth (5~a) anniversary thereafter during the term, the Annual Fee with respect to the ensuing five-year period shall be adjusted by a percentage amount equal to the percentage change in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Consumers, 1982-1984=100) which occurred during the previous five-year period for the South Urban Region Consolidated Metropolitan Statistical Area. 4.4 Electricity Charges. Metricom shall be solely responsible for the payment of all electrical utility charges to the applicable utility company based upon the Pad os usage of electricity and applicable tariffs. 4.5 Municipal Subscriber Program. In consideration of City's execution and delivery of this Use Agreement, City shall have the right throughout the term of this Use Agreement to receive up to five (5) free Ricochet(~ basic Service subscriptions. These subscriptions allow for Internet access and e-marl only. Service such as newsgroups, LAN access, and dial-in .Tnternet access will not be provided by Metricom, but may be obtained th.rough an authorized Ricochet~ service provider, at the Municipality's expense. City shall designate one person who shall be responsible for ordering and receiving any subscriptions. To 'take advantage of this program, the designated individual should contact NIetricom's Network Real Estate Department at the address stated above. City's right to use the subscriptions shall commence at the time that Ricochet~ service is commercially available in the City and shah extend until the expiration of the term of this Use Agreement or through the length of time that Radios are' deployed in the Municipal Right-of-Way, whichever is longer. City's use of the subscriptions shall be subject to the standard Ricochet(D terms and conditions of . use. City understands and agrees that moderns and equipment required to utilize Right-of. Way U~ Agr~m~nt City af Dtlray Beach tt ~d~tr~com, Inc. d¢lmyb~achl'f~nal)~ IOgf123mm99rual] 432 /00 II.! .-tM.., ............. ~ Delray Beach, Florida the subscriptions and arty additional service subscriptions or service options, the City may desire may be obtained from an authorized retailer at market rates current from tLrne to time. City shall use all subscriptions provided pursuant to this section solely for its own use and shall not be entitled to resell, distribute, or otherwise permit the use of same by any other person, excepting a local public entity that provides public service within the corporate boundaries of the City (e.g., county schools, public safety, or fire departments, etc.). The level of be~eflts and service provided to City by Metricom as "basic service" shall not be dirrd.nished or reduced during the term of this Use Agreement or renewal thereo or prior to its cancellation or terrrunation, as the case may be. 5 RELOCATION AND I~ISPLAC]EMENT OF RADIOS. Metricom understands an,- acknowledges that City n'my require Metricom to relocate one or more of its Radios, and Metricom shall at City's direction relocate such Radios at Metricom's sole cost and expense, whenever City reasonably determines that the relocatiort is needed for any of the followLng purposes: (a)if required for the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Radio is interfering with or adversely affecting proper operation of City-owned light poles, traffic signals, or other Municipal Facilities; or (c) to protect or preserve the public health or safety. In any such case, City shall attempt to afford Metricom a reasonably equivalent alternate location If ~ Metricom shall fail to relocate any Radios as requested by the City within a reasonable I time under the circumstances in accordance with the foregoing provision, City shag be / entitled to relocate the Radios at Metricom's sole cost and expense, without further notice to Metz'icom. To t. he extent the City has actual knowledge thereof, the City wig attempt to inform Metricom of the displacement or removal of a~y pole on which any Radio is located. 5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any Radios from one Municipal Faci/ity to another, Metricom shall so advise City. City will attempt to accommodate Metricom by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Use Agreement. 5.2 Damage to Municipal Right of Way. Whenever the removal or relocation of P, adios is required or permitted under this Use Agreement, and such removal or relocation shall cause the Municipal Right of Way to be damaged, Metricom, at its sole cost and expense, shall promptly repair and return the Municipal Right of Way in wbdch the Radios are located to a safe and satisfactory condition in accordance with applicable Laws, normal wear and tear excepted. If Met:icom does not repair the site as just described, then the City shall have the option, upon fifteen (3.5) days' prior written notice to Metricom, to perform or cause to Delray Beach, Florida be performed such reasonable and necessary work on behalf of Metricorn and to charge Metricom for the proposed costs to be incurred or the actual cosb incurred by the City at City's standard rates. Upon the receipt of a demand for payment by the City, Metz'icom shall promptly reimburse the City for such costs. 6 I-NDEMNIFICATION AND WAIVER. Metricom agrees to inderru~fy, defend, protect, and hold harmless the City, its council members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties adrrd, nistrative and judicial proceedings and orders, judgements, and all costs and expenses incurred in connect'ion therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") directly or proximately resulting from Metricorn's activities undertaken pursuant to this Use Agreement, except to the extenl arising from or caused by the negligence or willful n'dsconduct of the City, its council members, officers, employees, agents, or contractors. 6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or injury to any Radio or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City. 6.2 Limitation of City's Liability. The City shall be Liable only for the cost of repair to damaged Radios arising from the negligence or willful ra~sconduct of City, its employees, agents, or contractors. Nothing contained in this Use Agreement, however, shall constitute a waiver of the City's sovereign LmmunJty or the provisions of Section 768.28, Florida Statutes. ? INSUItANCE. Unless otherwise specified in this Agreement, Metricom shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Use Agreement, insurance coverages and limits, including endorsements, as described herein. The requirements contained herein, az well as City's review or acceptance of insurance maintained by Metricom, are not intended to and shall not in any manner limit or qualify the liabilities and obligations by Metricom under this Use Agreement. 7.1 Commercial General Liability, Business Automobile Liability, Worker's Compensation Insurance & Employer's Liability, and Umbrella or Excess Liability. (a) Corrumercial General Liabilit~r. Metricorn shall agree to maintain Corru-nercial General Liability at a limit of liability of not less than $1,000,000 Each Occurrence. Coverage shalJ not contain any endorsement excluding Contractual Liability or Cross 4_[24/00 ll:17 AM:~:,'~ ~.:2z .~_.'~ I [t;89 ON ~/~£] ~:~I NO~ Delray Beach, Florida Liability unless granted by City's Risk Management Department. Metricom agrees this coverage shall be provided on a primary basis. (b) .Business Automobile Liability. Metricom sMll agree to maintain Business Automobile Liabihty at a hrnit of liability not less than $1,000,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event Metricom doesn't own any automobiles, the Business Auto Liability requirement shall be amended allowing Metricom to agree to maintain only I-/ired and Non-Owned Auto Liability. This amend requirement may be satisfied by Way of endorsement to the Commercial General Liability policy or through separate Business Auto coverage form. Metricom agrees this coverage shall be provided on a primary basis. (c) Worker's Compensation Insurance and Employer's Liability. Metricom shall agree to maintain Worker's Cornt Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. Metricom agrees ti'frs coverage shall be provided on a primary basis. (d) Umbrella or Excess LiahiliW. Metricom may satisfy the minimum limits required above for Commercial General Liability, Business Auto Liability or 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 City shall be specifically endorsed as an "Additional Insured" on the Umbrella or Liability policy, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. Insurance Conditions and Other Requirements 7.2 Additional Insured. Metricom shall agree to endorse the City as an Additional Insured, in a manner that is acceptable to the City's Risk Manager, as respects any covered liability arising out of Metricom's performance of work Delray Beach, Florida under tl~s Use Agreernent. Metz'icom shall ag'cee the Additional Iz~s.ured endorsement provides coverage on a primary basis. 7.3 Waiver of Subrogation. Metricom skall agree by entering into this contract to a Waiver of Subrogation 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 Metricom 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 prohibits such an endorsement, or voids coverage should Metricom enter into such an agreement on a pre-loss basis. 7.4 Certificate(s) of Insurance. Metricom shall agree to deliver to the City a Certificate(s) of Insurance evidencing the required Lrmurance is in full force ant effect prior to the execution of this Use Agreement by the City. A mimmum thirty (30) day endeavor to notify due to cancellation or non-renewal of the coverage shall be included on the certificate(s). 7.5 Self-Insurance Plan and Self-Insured Retention. Metricom may satisfy the insurance requirements and conditions of this section under a self-insurance plan. Metricom shall agree to notify the City, or indicate on the Certificate of Insurance, when self-insurance is relied upon or when a se]f-insured retention or deductible exceeds $100,000. Tke City reserves the right, but not the obligation, to request and review a copy of Metricom's most recent annual report or audited financial statement. 7.6 Right to Review. The City, by and through its l'(isk Management Departmex~t, reserves the right to review, reject or accept a~y required policies of insurance, irtcluding limits, coverages, or endorsements, herein from time to time throughout the life of this Use Agreement. The City reserves the right, but not the obligation, to review and reject any insurer or self-insurance plan providing coverage because of its poor financial condition or failure to operate legally. NOTICES. All notices which shall or may be given pursuant to this Use Agreement shall be in writing and delivered personally or tra~nsmitted (a) through the United States mail, by registered or certified marl, postage prepaid; Co) by means of prepaid over'night delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is ] followed by delivery through the U. S. marl or by overnight delivery service as just] described, addressed as follows: Delray Beach, Florida if to the Cit~: At~: David Harde~, Ci~ ~nager 100 N.W. 1st Avenue Delray Beach, FL 33444 if to Metricom: g~ 1 ~ICOM, INC. Attn: Network Real Estate 980 University Avenue Los Gatos, CA 95032 8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day irt the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written not~ce to the other party delivered in the maimer set forth above. TERMINATION. Except as provided in Section 3.7, this Use Agreement may be terrrd, nated by either party upon forty five (45) days' prior written notice to the other party upon a default of any material covenant or term hereof by the other party, which default is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. 10 ASSIGNMENT. This Use Agreement si'roll not be assigned by Met=icom without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of Met=icom hereunder to a parent, subsidiary, successor, or affiliate shall not be deemed an assignment for the purposes of this Use Agreement. 11 [~/J'-ISCELLAI'~/EOUS PROVISIONS. The provisions which follow shall apply generally to the obligations of the parties under this Use Agreement. 11.1 Nonexdusive Use. Metricom urtderstands that this Use Agreement does not provide Metricom with exclusive use of the Municipal Right of Way or any . Municipal Facility and that City sb~!! have the right to permit other providers o Delray Beach, Florida corrununications services to install equipment or devices in the Municipal R~ght of Way and on Municipal Facilities. 11.2 Waiver of Breach. The waiver by either party of a~y breach or violation of any provision of this Use Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Use Agreement. 11.3 Severability of Provisions. If any one or more of the provisions of this Use Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaia-~g provisions of this Use Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Use Agreement. Each party hereby declares that it would have entered into this Use Agreement and each provision hereof regardless of whether any one or more provisions may be declared illegal, invalid, or unconstitutional. 11.4 Contacting Metricom. Metricom shall be available to the staff employeel of any City department having jurisdiction over Met-cicom's activities twenty-four (24) hours a day, seven (7) days a week, regarding problerrrs or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number (800)873-3468 regarding such problems or complaints. 11.$ Gover~ning Law; Jurisdiction. Ti~ Use Agreement shall be governed and construed by and in accordance with the laws of the State of Florida, without reference to its corfflicts of law principles. If suit is brought by a party to this Use Agreement, the parties agree that trial of suck action shall be vested exclusively in the state courts of Florida, County of Palm Beach, or in the United States District Court for the Southern District of Florida. 11.6 Attorneys' Fees. Any costs or expenses, including reasonable attorneys' fees, associated w-itt the enforcement of the terms of this Use Agreement shall be borne by the respective parties. This Frovision, however, pertains only to the parties to this Use Agreemertt. 11.7 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Use Agreement, suck party shall not unreasormbly delay, condition, or withhold its approval or consent, City ~f D¢lray ~each ;: 3.{etr~com, lnc. ddr~beach(~nal~ [09f12~rnas99rualJ gagt ~ of~ [~Z~9 ON ~/~£] ~Z:t[ NOI~ O0/tZ/to Delray Beach, Florida 11.$ Representations and Warranties. Each of the parties to this Agreerrtent represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in § 3.2 above. 11.9 Amendment of Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument signed by both parties. 11.10 Entire Agreement, This Use Agreement contains the entire understanding bet-ween the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whet_her oral or written) bet'ween or among the pa~tias relating to the subject matter of this Use Agreement which are not fully expressed herein. Delray Beach, Florida Tn wi tness whereof, and in order to bind therrmelves legally toJ. he terrr~ anal conditions of this Use Agreement, the duly au~'torized representatives of the parties have executed this Use Agreement a~ of the Effective Date. City: crrY OF DELRAY BEACH, a Florida municipal corporation By: Its: Date: , [Year of Agreement Date] Mgtr~'com: METRICOM, INC., a Delaware corporation By: Its: Date: , [Year of Agreement Date] WITNESSES (or corporate seal): Risht-ojC. Way Use City ~f Dglray Beach :: Mctri~om, [09~25masSgr~alI [F~g9 ON X~/X~] gg:~T NON 00/F~/~0 Delray Beach, Florida ACKNOWLEDGEMENTS STA'I'E OF ) ) COUNTY OF ) SS. On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. (SEAL) Notary Public Vly commission expires: STATE OF _ ) ) COUNI OF ) On , before me, SS. , Notary Public, personally appeared ., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within . instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. Wihaess my hand and official seal. (SEAL) Notary Public My commission expires: delravbrach¢SnaD~ [og]123masggruall 2~'47~f B.~ ~'~I-~R Ar~RBS T Z.,4 W GROUP FA~ COVE~ S~r~rT TO: George l~ro~n IrROM: Scan Stokes D~.ECT DIAL N'LTM~ER: (202) 833-01~ DATE: 12, 2000 Thts transmission is -. page(s) long, Including thc cover sheet- The original will not be sent by regular mall If you bare any problems, please call Karsn at (202) 833-K300. ADDI'I~ONAL ~FORM~T~ON OR lbfESSAG]~: Geoz~e a question has come up in some other Flo~da communities a~ m the rcguJatory cl~si~cation of R~icom. Sl~-cifically, the issue is whether it is a 'ke4ecc ....... ,,~c. ation~ s~wice provider~ or ~imeorma~ion sera, iced~.nl~.,t-~t~ service provider Attached b a copy oflYfetricom's ot~cial' po~.tion that they.are an inforn~ion service or enhanced se~ic.~ provider md not a teleeommunica~o~ provider under the definitions ofthe ~ederal Teleco~mv,,!cafior~ Act. A~ such. Metric. om is ~ot subject to corr,,,,~n carri~ regtxlatioa, but they also ~,--ot compel access lo public rights-of-way u~det Section :25:3 of the Telecommunications Act bec. aug tha~ provision only relatc~ to telecommgmicatio,~ providers. As a result thc city actually has gzea~et ttexibility i~ negotlaliug an agreeme~ with Metricom ,,-~er fedc~l should no~ be ~ad by, or d~l~d f~, amy p~r~n o~h-r th~n ~ c~st~n~ed ~dplent(s). If yo~ rmcsdve TItb t~ammbdon ~n error! pbme ea]] Dm ]ga]]~- Plerbst Law G~up s,~,-al.,,,.l~, mt the, number ~ above_ 02/11/00 FRI 16:48 [TX/RX NO 6815] 'tO' FEOM: RE: ~lewb;um, ~t~¢'s ("Mclr:com'&") RJcocheI~ wirelcs~ d~la c~mmu~ca~k~l,s se~,Jce ("C.MRS'), O,~r ~:unc]u~ior~ ~c bas=d, m pa~. upon thc b~kground in~omt~tion you p~ovidcd. which j~ altuchcd. Rkocl~et is ~ln In[ormAfloh law. ' A te~ccomm;mical~n~ scr,'ice offcts ~c Paying subscrib= a pure ~nduil For ibc rr,msmission oJ' info~aTion, while an ' - ' tofo )ta[ an ~co provides the ~ub~cribcr ~ilh ~mc~hin8 more - for Ri:oChcti-'.prnT~arilyawirelessLn[emcla~ccssservlce The FCC., has h,~td repuated]v pro~.id¢.s i~, I%;ncdanall¥ :dcnt:c~.l :o thc scr'-'icc provlcl¢¢ b:,' ,',,Iind~;pring. EaIlhlink, or any nne of rh~sand~; ofloza, I ln:crne~ scr-,'ice prw,'idcrs 04/25/00 TUE 11:29 [TX/RX NO 6826] December ?, I c~',9 Page '~ ~,tor,,o,;cr, [~P~ :ncTea~ing, l,v are r~ar~efini: hi~h-sp,'--4 [~Ic,.'n0t acccis via digital ~uhscri~ linc ("DSL")lec~nologydirecllylocnd'~..c.s. AnlSP ~prnvLS]onoflntc~c:a~c'c~sviadtdi~are~line Ricoch¢! c~n 'also be used lo 8aJ~) ~:c:~sa Iu cL~ur~ e inir~net~ or dat~ :~o;k~ o~er Ihan [he Interact. Whcn u~cd in Ihis m~cr, Ricnch~ rcn:aJns ~ infon~aiion sea,ice, It Is an ill[Ol~al:oh s:r~ic¢ b~au~¢, in nclwork acc~s applkalians. Ric~h~ p~rfo~.s an end-lo-end £~.cri ,,~nc)~. a Ricochc! Sl.lbac.~beT u~es lhe tel~ho~ mode~ ~cc~ ("PS FN"L R;cochct is an illTb~illOli i~'icc~y vi~uc orzhe prmocol conv~sion xhat ~ccom~lies Since Ric¢chclia:~ota:olccot~n'..iriicatlonsscrvicc. lt~l,~u'.0nnta CMRS TheFC'(' has ~:a~c~ on $:vc:al occasions tha: an) CMRS must bc R ic ochm is provided are hOC C~S, either ~ The FCC Il:Is long held, lha: ellha~.cefl ser,,i¢c$ ,~hould be Frec ot'r~;gul~lion ~1 bo:h thc fcderal an(~ slake Iev¢'s? ,A,s all inf:~rmalion service under federal la,*', Ricot'hc~ Falls '.~ Jthin this B. Ricoc).et Is Ia Iaterila/;a Sec'lee. P. icocIlel is a~ in:erstalo s.-r¥lcc, ~nd a~ ~,n ~ntcrstalc ~cr.'ice it is subj,'rl m thc c~clusivc jurisdiclion of thc FCC', Thc junsdiczional nature ors s~'icc is dele~ti~od I~)t by the n~p/icd t~ts tesl to Inte2~ec acces~ ser~ icc ~d Kound :hal calls o~'~ 3 local t:l~honc 'thc to an lSP 04/25/00 TUE 11:29 [TX/RX NO 68261 FCC has foand Iha~ Intcme: tra~c easily mCCt~ Ibc 10 pe~ent t~zeshoJfl to b* c,asiflered The ")0 percent" ~.lr al~o applies to thc ~:se o{'the R. icoch~ netv- ~r~: Stage ,',et~'o~ ~uch ~ co~le iElranms Commvnicelio~S ~m a Ri~chet Subscriber ~o an in- sub~Rber~ LU accca5 Iht [n/cwcL ~tllC~ thc ~llOtln[ ofiniersratcco~munlcation$c~icd fever the I~ (}elwo~, ~;coch=l is an h;tcrstatc Mcreol'er, a~ ~r: mtbrmation sct','ice earryin~ inscp~ablc jurisdi¢fioEally m~ =omn~un~cat~S, ~C~het likely falls within a ~el~ which has be~l~ preemp:ed [rom s~le r~lat,on The FCC hal prcYJc~ly futmd th~ state regulaiion of an in(erstile rn~r. ccd ~'icc manda:c Lc c~$urc lee dcvclopmen* ufa rOb:l~l mabel in ~vanced servlcel free of 04/25/00 TUE 11:29 [TX/RX NO 6826l I~.O& Dc~c]rsb~:J~ 7, 19'9¥ Page 4 [~l~ommunicali~s ;c~,-;cc ]~ "l~c O~l'~ oftelocommu~calio~$ For ~ Fcc d~rccdy go [h~ re~ardles~ ef thc f~ciltdcs us~.' ~7 U.S.C. ~ 15314~). "T clccomm~n~cal~o~s." in ~um. :~ de,ned as '~hc ~m~[ll~6~Jon. bc~wccn or a,lo(tg ~Jnts spccJ~ed by :~e ,~s~. 0t'i:~ rO~alJon e~'l*~e u~cr'~ cherts;rig, without cha~ge in thc fi.m o~ can:~t olive i~ R-n~at;en as scnr ~ld rcccR'cd" 47 U'.S.C, ~ 153[43). An inFora~atJo~ s:~icc, on thc od~cl bmod, J~ "thc ~'~ing of a capability ~or gentling. ~qu&~g. stoti~E, tt~sfe~Jng, processing, rctdcvJn~. uli]~zinx, or mak~n8 availab]c in~omalien uJa ~lecomm~qJc~lfons . . " 4T U.S.C ~ Dc fore the passagc ct'~he Tclccon',,mu~ca[;ons Acl of 19'96 (the "19% Acc"L :Lose zwo catcgorJ~s ~crc tc~cd "bas]c" a~d "c~ccd" sca'ices. Thc F~C has h:3d t~at thc pre- 10ge )a~. FcdcrM-S~se Join[ ~ard ~ U()ivc~l Semite. Rt~ :o Congresc. 13 FCC Rc~ t~0~. 11~16-2~ f19~8); GTE Tel ~cr. Cos.. GT~ Tariff No. 1 (R~r~ In 22469 m 14 ~1998~ ('GTE,4DSL Order"). .~ea ag.. Deploymcn~ at' Wirchn¢ Services O.q'erin8 Ad,,anc.-.d 'Felecomrn,nicat;ons 2afl 30..t~l.pt~rl ;o Con~)'¢I_~. 13 FCC ~cd at 11 ~0; G TE ADSL Ordt~. .~':, E3cplo),menl of Wirclinc $.':rvices Offeri:'~g Ad.~ anted Telec0mn~unicadons Capabllit). Ne~or d R(,i~;r! und O~d~'~ FCC c)9-.130, aT ~ ~' Crc[ Nov. 9. 1999) In thc ~cmples given, the correct(ion '.o ,.,hc uscr (,.¢., c dcdicatcd I;nc or a DSL linc) is likely to he a te]ecom~luflfcalJor.~ s~ice [u~Jsh~d ~o ~e ]~V by a t¢1Ccommunlcafians /,, (~,~rt,~. 13 FCC R:d at 11~32-5~. InsteP. ~e comps5' is mctel) a u~r of f~r n fee, ir is ~or a relec~mmunicalio~ls sca'kc. See F~cral S~tc ]omt Board on Uniwrsal 04/25/00 TUE 11:29 [TX/RX NO 6826] l). OE ,¥1ClTIoriJI~IU ~n 11. Se~.'ice. R~'ff~ort ,j,J erst ;'' 12 FCC Red 8Y76. c)182-$3 (~.gg7J. As dc3:ri'bcd more fially in the back&rQand :nf'ormadon prepared by ~cl~com. I~c user's ~c~a ~ndcrgocs ~ end ~o end asynChronous-to-~ct p~O~al conve~sicn ~l~h:~ ~e ~;coc~ .ex~'o~. ~c ~CC ~ he~d ~ ~ ~-(o.end &sy~hm]m~s-ta-packet pro:ocol Data Cummun:calio~s M~nu~ac[umrs Assoc.. i~, M~m~ O~ ..d Order. I0 FCC Red 1~717, 13718. 13723 12 13. The conversion of data iron', a serial asyr. chronous form to a =eleghone linc ~ransmisslon protoco! i$ an end-:o.end proloc01 ¢onve~slo~ .5ts,¢ Applie~ Spcc~ Teen.lo,les, loc, Pm. for ~1. ~ul~ng, Memo. Op. a~dOrd~, ~8 ~. Reg. 2d BI (1'~851 (conversion o~' enhanced Piti:ion o."gi~:¢ncricf Communications, ]nc..rot :)ecl. Ruling Regarding Preen~ption cf:he Texas Pub. L'li) ReS..Act o~'I99~. :~en:O. ~fl~,tOr:ler, 1] FCC Red ]735. 1~43 (lqPT); Telephone Mu~b~ Pnnqhiliry, First Rapport und Or~r and ~urt/zcr .%'r~tt'c'r r~f Prul~. IMobile $crviccs, $~-c~na/ ~.,'p~rJ on.f O,'¢.trr. ~ FCC Red 1.~1. I, I ag2a (' ?)ga). A:~er~men: o~ Sec..lion 6~.,702 ul' tim Corn~isslon's Rules and Rc~flatic,us Campuler [nq,=ry), 77 F.C.C.2d 384 ("C~put~r H"), a~d ~uh ntJm (~mmunJcart'ort~ Ind:atrr Jsj'n ~. ~CC. 693 F 2d I g~ (D C C;r ~ 982), ~'etl dented, 4OI US The r~din :ransmil:¢rs us,ed 1o provide 'Ricochet se~ice ar~ re:guh,lcd by thc FCC Trannmilt~rs and ~cive~ nus~ meet techcical peffo~anc~ stand.ds. ~d ~ust '~; i~ compliance ~th national cnvimnmc~l~ pollci~s ~gmin~ ex~su~ :o radio frequency emissions. 3~e. e.g.. 47 U.SC. ~ 2 901 et~,eq. (Equipmem Aut~o~zati~n ~.~t. rcs) and ~ 1301 et .seq. (Pro~cdurca ImpLementing thc Na~onal Enviror~ Pc Ticy Act of 19fi9). .¥c~' N, aRI./(: v. FCC'. 7&O F.2d 1492 CD C. Cir. ] 984) (physically intra.~ts[~ 13cfluy used to terminate end-lo.end i~le~£ate eonnmunioation is jurisdictionally inter~late) I mptcrt:cntati,,:m, al'the Lo:al C'ornc. Provis!ons of:he, Commumcador:- Act; Irl!¢r-Car;ic~ C'ornpcn$~tion for ISP-F~oundTra,"fic;~cl~vatoO. l~uhng. 14 FCC Reft 3059. 3697-3'~!)2 04/25/00 TUE 11:29 [TX/RX NO 6826] A~P-ZS-O0 IO:~A OC 703 60~ 0D77 SI-IOOK.]-~'& BAOOK L L e 14. 19 ( 1999); GT£ ADS1. O,-de,-. 13 FCC Re0 at 22a. 76. G?'F. .4D3~ O,'d~,r. 13 F¢'C Rca a'~ 2247~. 1,t. d[ 22479, A¢.r.¥/B:,I 'ri' .&fc~rk¢! .~rucrarv C)ru'er, 4 FCC Rcd 5tX,0, 5~0.~l (19~9) (spcciul ~ccxs ~n torsi&lc), Gl:~. 4D.¥L Onk'r. 13 FCC Rca ~! 224S0. Petition for Emergency Relieram~ Dec'.aralcr), Ruhni flied by BdlSouth Co~../,h,~o. .nfl ~rEe~. T ~CC Rcd l~ l0 [ lgO2J, r~ff'dsub ~o~. OeorR;'~ Pu~. ,~'~r~. (~maJ, r. FCC', '12-8257 {1 Ith Cir, Sept 21, t~J3) ~ercurfam). T¢iccornmunics6orls Acl ol IL~)6, Pub. L. No. 104-104. IIG ~t 56. { 7~) (Ig9~l, See Paper No. 31 (Ja]~ lggt)). 04/25/00 TUE 11:29 [TX/RX NO 6826] A~r-2S-00 ~O:Z~A DC 703 ~O6 0977 P . Oe RI COCHET SYSTEM A. RCHI*rECTuR~ AND TECHNOLOGY ex~sl~ w~refi~e ~ wiret~ nel~k a~s ~. ~o~co~'s firsr-gcncra[ion R[ccc~et:~ so. icc provid~ ~sers of ~abte and d~ktop compu~e~ and h~d-hcid dev;:es ~b ~ Paln~o~) ~:h fast. tel;ab c, sCCU~, mob c~'cc~, u t~: l~tc~eL p~va~c ifll'anc~l. and =~tr~nc~. Total ~ nctwor~ ("LAN~'~ an~ an-~inc ~:.;;1 iT · speed c~np~ablc ;o that a 28 8 kbps tcl~hone m~cm. Ric~hc( aub~c~b~ ~c p~vi~d w~:h ~lways-un, ~[~t~ Area ~ ~hc Seattle and ~sh[n~on, D.C. ~e~o~lllan a~. ~ctdcom pl~ [o o~er this u~:~rade in irs e x J,~ tl r,i,: R, Jcochct ne:work, which is designee] to provide downsLrc~m t~ata t'ra:~smisslon sp~ed~J~'appro'zirnately 12:~kbF~ ~cL-~:ombelicv~sRb,:oi.:[~t~.whcn commercia]lyja~nchecl, will be thc fa.sics! porlabl: ~,idc-ae'c:a d&~a COmmunlratiol~, scrvic~ ara:lab!c. The Ricochc~ nem-'ork cotlsius et' shoe hox-$'ized tm:lie transceiver, ~so caUcc ~mn~cl} R~d~or, which arc lyT{cal{y muunz~ re s~e: light ~s or utility r~le~. These azc o[bc~so ~lf contained ~ - r,o other wtrlng or collations ~c n~c~. Ri:~het semite ~lthin a mc~opoli:an &rca, Mct~co~ o~ne ~t~f-w~y an~ poic all,breCht agreements whh ~:~nic~paTides where J(s r~ am deployS. ~lc[Hc~m al~o ebons po~e pow~ to ~e street llgh~s, a Wircfl Access Point, or W~, which c0Eccts ~d conv'~s ~t~mi~s~cn ~ ~ctrlco~'s n~onwlde wired ~kbonc. ~c wired b~kb~c co=vcndo~: [P rec~ology an~ ~utes Iraf~c R~c~he/*~ ~er~'ork ~nterco~ec~ ~K~]{1icl, Or NEFs, ~f~he pacLc:s arc fouled ~om Mlcr~cl: ~io to ~lcmccll mos: et*flcicnt ~a~cr ~si~le. ~h WAP a~ ~o ~i~cc:[ kadio~ I~t ~en to ic c~ suppo~ Mc~com's netwo~ tr~&mits digital dam packcls at a t'requc,;c.v of ~'32-92g MHz and 2.4 GHz. FCC Parr 15 regulalion~ pcrml~ tr~sntission in these frequency ranges ~,.i:houe a 04/25/00 TUE ll:2g [TX/RX NO 6826] ~or ~hlch h~e~icum huld~ a l~ccn~e from leto FCC. ~ch radio -- melud~ng t~c u~cr modc~. he.lng spread ~cl~m, this ~ehii~l~re i~eyeD~ly provides for ~ggcd ~ sc[ure thc {ntcnlct. to thc tclcpEono ~)'stcm or to co~or~ ~nlr~cl~ or LANs. communications protocol ~s~ to ~akc {~isco~t{o~ ~ a~ ag~c~o~u~ prot~oL U~o~ e~tc~n~ pm~'idcr under sppl~csb:e coverage ~ca. Mac{~sh, Windows 3. -2- 04/25/00 'rUE 11:29 [TX/RX NO 6826] MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY CO~IMISSIONERS CITY MANAGER ~/f AGENDA ITEM ~t4/' - REGULAR MEETING OF MAY 16. 2000 BID AWARD FOR LANDSCAPE MAINTENANCE (GEORGE BUSH BOULEVARD & WEST ATLANTIC AVENUE) DATE: MAY 12, 2000 This is before the Commission to consider approval of a bid award in the amount of $20876.00 to Custom Property Services for the annual landscape maintenance contract for George Bush Boulevard (N.E. 8th Street) and West Atlantic Avenue. It is on the regular agenda because the recommendation is to award to the second low bidder. The apparent loxv bidder, Tare Landscape, has done work for the City in the past and did not perform up to standard. A prior contract was not renewed. The second low bidder, Custom Property Services, currently has the maintenance contract for these areas and has provided quality service to the City. It is staffs recommendation that the bid be awarded to Custom Property Services as the lowest responsive, responsible bidder. Recommend approval of the bid award for the annual landscape maintenance contract for George Bush Boulevard and West Atlantic Avenue to Custom Property Services. Funding will be from i19- 4144-572-46.40 (Beautification - Maintenance). RelSAgmemol 4.Bid Award.Landscape Maintenance. George Bush Blvd& WAA AGENDAITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: }{ay 11, 2000 XX .Regular Agenda SpecialAgenda __Workshop Agenda When: May 16, 2000 Description of agenda item: Request awarding landscape maintenance contract to Custom Property Services for Bid #2000-22 for N.E. 8th Street and West Atlantic Avenue in the amount of $20,876.00. This will be charged to account #119-4144-572-46.40. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO Recommendation: Award contract to Custom Property Service. Determination of Consistency w~h ~omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ ~ Nt~o Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ Hold Until: (if applicable) Agenda Coordinator Review: Received: Action: Approved. ~]isapproved riTy OF: ELAI:iY BEI:I[H D£LRAY BEACH AIl-AmedcaClty 1993 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMORANDUM TO: Jackie Rooney Purchasing Supervisor FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bid #2000-22 DATE: May 11, 2000 Attached please find a spreadsheet for Bid #2000-22 for landscape maintenance on N.E. 8th Street and West Atlantic Avenue. Nine bids were received with the low bidder being Tare Landscape. However, the City has had performance problems with Tare Landscape in the past and, in fact, did not renew his contract. Therefore, I am recommending the contract be awarded to the second low bidder, Custom Property Services, in the amount of $20,876. They currently have a contract with the City for this area under the name Complete Property Services (see attached letter referencing their name change) and we are satisfied with their work. This should be charged to account #119-4144-572-46.40. Please place this on the agenda for City Commission consideration on May 16, 2000. Jo! Di Attachments JW:cp Ref:lsbidrec Weldon ctor of Parks and Recreation THE EFFOm' ALWAYS MATTERS DELRAY BEACH Ali-America City 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444,561/243-7000 TO: <~ROM: Joe Weldon, Director of Parks and Recreation Tim Simmons, Acting Parks Superintendent DATE: May 4, 2000 SUBJECT: Bid #2O0O-22 Landscape Maintenance-Two Areas-George Bush Blvd./NE 8a Street and West Atlantic Avenue Tare Landscape was Iow bidder for the above referenced contract. As you are aware, Tare Landscape was awarded a contract in the past with the City and was not renewed due to poor performance. Custom Property Services was second Iow bidder. Custom Property Services was doing business as Complete Property Services and is currently doing the maintenance of this area, Bid #97-15. They had a name change to separate their municipal and commercial accounts. Because they currently hold the contract and have done a satisfactory job, I recommend that Custom Property Services be awarded this contract again. TS/sb THE EFFORT ALWAYS MAfTERS I USTOM 410 N.E. 5TH AVENUE BOYNTON BEACH, FL 33435 April 24, 2000 Mr. Tim Simmons City of Delray Beach 320 SW 4th Street Delray Beach, FL 33444 Fax # (561)243-7269 Dear Mr. Simmons; Complete Property Services has changed its corporate name to Custom Property Services, Inc. The reason for this change was to separate our municipal and commercial accounts from our residential division. We look forward to continue serving the City of Delray Beach. Very truly yours, President Mailing Address: P.O. Box 9 * Boynton Beach, FL 33425 Palm Beach / Boynton (561) 588-3600, Out,~le Palm Beach (800) 416-LAWN (5296) · Fax (561) 588-3787 UJ (.1 z [ITY OF I)ELII;lY BE;I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DEl_RAY BEACH, FLORIDA 33444 TELEPIIONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 AII.Am~ca City 1993 TO: FROM: May 11, 2000 David T. Harden Brian Shutt, Assistant City Attorney SUBJECT: Naming Rights Agreement/Amendment to Match Point Agreement At the City Commission's May 9, 2000 meeting, we were given direction to make certain changes in a proposed agreement between the City and Flight Media, Inc., (FMI), for the sale of the naming rights of the Tennis Center. The changes made to the initial agreement are as follows: · The City has the right in its sole discretion to reject a sponsor/advertiser · FMI's total commission, for any sponsor/advertiser revenue, shall be 20% of the total sponsor/advertiser revenue without any bonuses It is clarified that FMI shall pay for all costs associated with the selling of the naming rights, such as packages that go out to potential sponsors and the cost for bringing potential sponsors to the City All other terms and conditions of the contract remain the same. I have also attached the amendment to the Match Point Agreement to allow the City to grant to FMI the exclusive right to sell the naming rights. Please call if you have any questions. Attachments cc: Alison MacGregor Harty, City Clerk AGREEMENT FOR PROCUREMENT OF NAMING RIGHTS OF THE CITY OF DELRAY BEACH TENNIS CENTER THIS AGREEMENT dated ,2000, by and between FLIGHT MEDIA, INC., 2265 Roswell Road NE, Suite 100, Marietta, GA 30062 (FMI) and the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (CITY). RECITALS WHEREAS, CITY desires to engage FMI to procure a sponsor/advertiser for naming rights in connection with the Delray Beach Tennis Center; and WHEREAS, FMI agrees to solicit naming rights sponsors/advertisers on behalf of the CITY, based upon the terms and conditions set forth below. NOW THEREFORE, based upon the following promises, terms and conditions, the sufficiency of which consideration is hereby mutually acknowledged by the parties, the parties do hereby agree as follows: 1. The above recitals are hereby incorporated in this Agreement. 2. CITY hereby provides FMI with the exclusive right to procure commitments for the sale or lease of naming rights on behalf of the CITY as it relates to the Tennis Center. FMI shall secure a sponsor/advertiser for naming fights for minimum naming rights sponsorship revenue of $250,000.00 per year for a minimum two year commitment. The exclusive rights provided herein to FMI to procure commitments for the sale or lease of naming rights at the Delray Beach Tennis Center shall extend for a period of six (6) months, commencing on May 17, 2000 and extending until November 17, 2000. In the event naming rights sponsors/advertisers are not secured within this six month term for minimum naming rights sponsorship revenue of $250,000.00 per year and for a minimum two year commitment, FMI's exclusive right to procure a naming rights sponsor/advertiser shall cease and this Agreement shall become null and void as of November 17, 2000. The parties understand that an extension of the initial term may be negotiated and executed by subsequent mutual consent of both parties and written amendment to this Agreement. 3. The parties hereby understand and agree that during the exclusivity period set forth above, FMI shall exercise its good offices and proprietary business contacts for the purpose of locating naming rights sponsor/advertisers who are interested in advertising their products and services at the Delray Beach Tennis Center, and that all potential sponsors identified by FMI based upon its expenditure of time, money and effort, and all information pertaining thereto, constitutes confidential, subject to Florida Statute Chapter 119, and proprietary business information of FMI. CITY agrees that any proprietary business information relating to prospective naming rights sponsors solicited by FMI shall be kept confidential, to the extent permitted by Chapter 119, F.S., and that such information shall not be used or acted upon by the CITY for a period of two (2) years from the date of this Agreement without the express written permission and authorization of FMI. If the CITY acts on the proprietary business information within the two year period, and enters into an agreement with a naming rights sponsor/advertiser the CITY secured through the use of the proprietary information, FMI shall be entitled to 10% of the gross amount of the revenue for the naming rights, on an annual basis, provided by the agreement with the sponsor/advertiser so secured. 4. CITY agrees, that during the term of this Agreement and in connection with the efforts of FMI to secure potential naming rights sponsors/advertisers, to provide FMI with information as requested by FMI, to the extent such information is reasonably necessary to supply potential naming rights sponsors/advertisers in connection with soliciting their interest in the proposed opportunity. In turn, FMI will supply CITY with a monthly report of the status of the project and any and all naming fights sponsor/advertisers contacted on behalf of the Delray Beach Tennis Center. If the CITY is not satisfied with the progress of FMI, the CITY shall have the right to terminate this Agreement upon twenty (20) days written notice to FMI. 5. CITY agrees to take no action that is inconsistent with the rights granted to FMI to obtain naming rights sponsor/advertisers pursuant to this Agreement. If approved by the CITY, naming rights sponsor/advertisers may display their corporate logo, trademarks or other messages upon the advertising displays or other items designated within the Delray Beach Tennis Center, or in other approved areas, in accordance with the spaces provided. 6. CITY agrees to pay FMI a commission of twenty percent (20%) of the total naming rights sponsor/advertiser revenue for each year of the term of the naming fights sponsor/advertiser agreement with the CITY. CITY agrees to make payment to FMI within 15 days of receipt of the naming fights sponsor/advertiser revenue during the term of the agreement between the naming fights sponsor/advertiser and the CITY. If for any reason the naming rights sponsor/advertiser fails to make payment to the CITY, no payment shall be due FMI, until the CITY receives payment from the naming rights sponsor/advertiser. CITY shall pay no interest on any commission paid or owed to FMI. 7. CITY reserves the right to accept or reject, in its sole discretion, any naming fights sponsor/advertiser if the CITY determines that having the Tennis Center named after the particular sponsor/advertiser would not promote a positive image for the CITY or fail to be in the public's best interest and help promote the health, safety and welfare of the public. Further, the CITY also reserves the right to reject any naming rights sponsor/advertiser, in its sole discretion, if the CITY determines that the costs involved or other terms of any agreement or potential agreement with a naming rights sponsor/advertiser would be unacceptable to the CITY. FMI agrees to waive any fight to contest, sue or make any claim for damages against the CITY as a result of the CITY'S decision to accept or reject a naming rights sponsor/advertiser. FMI shall also inform any potential naming rights sponsor/advertiser that the CITY has the right to accept or reject any naming fights sponsor/advertiser, in its sole discretion. 8. FMI shall be responsible for any and all costs associated with contacting potential naming rights sponsor/advertisers or marketing the Tennis Center, and also, any trips or other costs associated with any naming rights sponsor/advertiser traveling to Delray Beach. The CITY shall not be responsible for any cost whatsoever concerning FMI's efforts to sell the naming fights to a sponsor/advertiser. 9. This Agreement is intended by the parties as a final expression of their agreement, and is complete and exclusive statement of the terms thereof. No course of prior dealings between the parties, no commitment letter or letters of intent, and no usage of trade shall be relevant or admissible to supplement, explain or vary any of the terms of this contract. This contract can only be modified in writing, signed by both parties. The covenants and agreements herein contained shall inure to the benefit of all parties, and be binding upon the heirs, legal representatives, successors and assigns of the parties. 10. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 11. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: As to FMI: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Alex Mckenzie, Presidem Flight Media, Inc. 2265 Roswell Rd. NE Suite 100 Marietta, GA 30062 12. FMI shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement. 13. This Agreement shall be subject to the terms and conditions of the Agreement between Match Point, Inc. and City dated November 5, 1998, as amended, and the Amended and Restated Agreement between the City and Coca-Cola Enterprises, Inc. dated May __, 2000. 14. This Agreement shall be considered null and void unless signed by both FMI and the CITY and unless the CITY approves an Amendment No. 3 to the agreemem between the CITY and Match Point Inc. at the same or prior Commission meeting. IN VqlTNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year first above written. ATTEST: By: City Clerk Approved as to legal sufficiency: By:_ City Attorney WITNESSES: (Prim or Type Name) CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor FMI By: Alex Mckenzie, Presidem (Prim or Type Name) (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of , 2000, by , as (name of officer or agent, title of officer or agem), 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. Notary Public - State of Florida 6 AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT, INC. THIS AMENDMENT NO. 3 to the agreement between the CITY OF DELRAY BEACH (City) and MATCH ,2000. POINT, INC. (MP) is made this day of WITNESSETH: WHEREAS, the City and MP entered into an agreement dated November 5, 1998 (the Agreement) an Amendment No. 1 dated September 22, 1999 and an Amendment No. 2 dated January 28, 2000; and WHEREAS, the City has entered into an agreement with Flight Media, Inc. granting to Flight Media Inc. the exclusive right to procure naming rights for the Tennis Center for a six month period; and WHEREAS, the agreement between the City and MP contains a clause that grants MP the ability to sell the naming rights to the Tennis Center; and WHEREAS, MP agrees to abstain from attempting to sell or procure naming rights for the Tennis Center for the six month period in which the CITY has the agreement with Flight Media, Inc.. NOW, THEREFORE, for good and valuable consideration, herein provided, the City and MP agree as follows: 1. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Section 3.01(E) of the Agreement in hereby amended to provide that MP shall not be entitled to sell the naming rights to the Delray Beach Tennis Center for the period from May 17, 2000 through November 17, 2000 to allow Flight Media to have the exclusive right to sell the naming rights to the Tennis Center. Further, MP recognizes that if the City enters into a contract with a sponsor/advertiser for the naming rights of the Tennis Center for whatever length of time, MP agrees not to sell the naming rights to the Tennis Center for that period of time, including any optional time periods. 3. The original agreement dated November 5, 1998, the Amendment No. 1 to the Agreement dated September 22, 1999, Amendment No. 2 dated January 28, 2000, and this Amendment No. 3, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. The Agreement dated November 5, 1998 remains in full force and effect except as expressly modified herein. 4. This Amendment No. 3 to the Agreement dated November 5, 1998 shall be effective upon the approval by the City and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: By: City Clerk Approved as to legal sufficiency and form: By: City Attorney WITNESSES: Print Name: Print Name: CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor MATCH POINT, INC. By: Mark Baron Title: 2 STATE OF COUNTY OF The foregoing instmmem was acknowledged before me this __ day of 2000, by , as . (name of office~ 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 idemification. Notary Public - State of Florida MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/k/( AGENDA ITEM cfl,]7' - REGULAR MEETING OF MAY 16. 2000 APPOINTMENT TO CRA DIRECTOR SELECTION COMMITTEE DATE: MAY 12, 2000 The CRA is creating an advisory committee to assist in the selection of a new Executive Dkector. It is expected that the corramttee will include representatives from the West Atlantic Redevelopment Coalition (WARC), the CRA board, and other community organizations. The CRA has requested that one member of the City Comrmssion be appointed to serve on this comrmttee. I would anticipate that most of the committee's work would take place between mid-July and the end of August. RefiAgmemol0.Appointment to CRA Director Selection Committee The CRA is creating an advisory committee to assist in the selection of a new Executive Director. It is expected that the committee will include representatives from WARC, the CRA board, and other community organizations. The CRA has requested that one member of the City Commission be appointed the serve on this committee. I would anticipate that most of the committee's work would take place between mid-July and the end of August. 05/23/00 TUE 16:39 FAX 561 243 3774 CITY CLERK ~001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 2366 05/23 16:37 01'09 2 OK 92768558 F/lO( TO: FROM: CITY CLERK'S OFFICE CITY OF DELRAY BEACH 400 NoW. 4" Ave Delray Beach FL 33444 'Tel ($6t)243.7050 - Fax (561}243.3774 993 F~X NUMBER NAME OF SENDER DIRECT PHONE LINE I (561)243-7050 OUR FAX (561)243-3774 TOTAL NUMBER OF PAGES (including cover sheet) For Review [] Please Comment [] Please Reply [] Please Recycle COMMENTS: [ITY OF DELRrI¥ BER[H DELRAY BEACH AIl-AmedcaC~ 1993 CITY CLERK 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444. 4071243-7000 May 23, 2000 Mr. John Weaver, Cbairrnan Community Redevelopment Agency Board 24 North Swinton Avenue Delray Beach, FL 37,~.a. Re: City. Commi~nion Appoimment to CRA Director Selection Committee Dear Mr. Weaver: This is to advise that Mayor David Schmidt was appointed by the Delray Beach City Commission to serve on the Selection Committee for the new CRA Executive Director. The motion to appoint Mayor Schmidt was passed by un3nimous vote of the Commission on May 16, 2000. Any correspondence or notices related to meetings and/or the selection process should be sent to Mayor Schmidt at City Hall, 100 NW 1st Avenue, Delray Beach, FL 33444. If you have any questions or need additional information, please do not hesitate to contact me at 561/243-7050. Sincerely, Alison MacGregor Harry City Clerk AMH/m Copy to: Mayor and City Commissioners David T. Harden, City Manager Christopher J. Brown, CRA Executive Director THE EFFORT ALWAYS MATTERS MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~/~--. REGULAR MEETING OF MAY 16, 2000 BANK OF AMERICA DATE: MAY 12, 2000 It recently came to my attention that the Bank of America (formerly Barnett Bank) has put its property on the north side of Atlantic Avenue between East Road and Seabreeze Avenue on the market. The bank is seeking to sell the property and lease back space for their banking operation on a ten-year lease. The City has made several attempts over the past few years to acquire or lease the bank's abandoned drive-in facilities on Seabreeze Avenue in order to provide public parking. The bank was always unwilling to make this property available. It occurred to me that the property being on the market represents an opportunity to possibly acquire the drive-in facility for public parking. The property is in the CRA district. The CRA could acquire the entire property, then sell the building and its associated parking while keeping the drive-in facility for construction ofpublic parking. The CRA director has estimated that 60 parking spaces could be accommodated on the drive-in parcel. Another option would be for the CRA to acquire the property and put out an RFP for the entire property with the potential to create even more public parking, such as with retail on the ground floor and parking above the Atlantic Avenue frontage. This idea was presented to the CRA Board on Thursday evening. They thought it was worth pursuing. The response to Bank of America's solicitation is due on May 31, so time is short. The CRA does not have the funds available at this time to make this acquisition. They would need the City to front the cost. Also, they would need the City Commission to direct them to do this since it is not in their plan. Staff needs direction from the Commission as to whether we should work with the CRA to develop a bid package for this property. If you so direct, I would anticipate bringing a detailed proposal back to the Commission for consideration at a special meeting sometime prior to May 31. S/City Clerk/Memo 2000fBank of America 4 V £ D _~ - EAS~T ATLANTIC AVENUE It recently came to my attention that the Bank of America (formerly Barnett Bank) has put is property on the north side of Atlantic Avenue between East Road and Seabreeze Avenue on the market. The bank is seeking to sell the property and lease back space for their banking operation on a ten-year lease. The City has made several attempts over the past few years to acquire or lease the banks abandoned drive- in facilities on Seabreeze Avenue in order to provide public parking. The bank was always unwilling to make this property available. It occurred to me that the property being on the market represents an opportunity to possible acquire the drive-in facility for public parking. The property is in the CRA district. The CRA could acquire the entire property, then sell the building and its associated parking while keeping the drive-in facility for construction of public parking. The CRA director has estimated that 60 parking spaces could be accommodated on the drive-in parcel Another option would be for the CRA to acquire the property and put out an RFP for the entire property with the potential to create even more public parking, such as with retail on the ground floor and parking above the Atlantic Avenue frontage. This idea was presented to the CRA Board on Thursday evening. They thought it was worth pursuing. The response to bank of America's solicitation is due on May 31, so time is short. The CRA does not have the funds available at this time to make this acquisition. They would need the City to front the cast. Also, they would need the City Commission to direct them to do this since it is not in their plan. Staff needs direction from the Commission as to whether we should work with the CRA to develop a bid package for this properS. If you so direct, I would anticipate bringing a detailed proposal back to the Commission for consideration at a special meeting sometime prior to May 3 I. FOR SALE I PARTIAL LEASEBACK BANK OF AMERICA EAST DELRA Y COMPANY April 12, 2000 ,VIA UNITED PARCEL SERVICE Mr. Robert A. Barcinski Assistant City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RECEIVED APR ! 00§ ASSISTANT CITY MANAGER Re: Bank of America Property Located at 1001 East Atlantic Avenue, Delray Beach, Florida Dear Mr. Barcinski: Bank of America has authorized us to proceed with marketing the property referenced above as a sale, partial leaseback. Enclosed please find the following: · Summary of sales information. · Floor plans of the building. · Survey of the property. · Terms of a leaseback for Bank of America. · Abstract and documents relating to the lease with Joanne Phelan, Inc. · CBD zoning information from the city of Delray Beach. · An Appointment Request Form. A Purchase and Sale Agreement ("Agreement") is being prepared and will be mailed under separate cover to use as your bid document. The Agreement will include all the terms relating to the sale and leaseback by Bank of America, including a sixty (60) inspection period and a thirty (30) closing. This property is being marketed as a redevelopment opportunity. We feel that the downtown Delray Beach market is a prime area with upside potential for creative developers. Should you have interest in making an offer on this property, fill in the appropriate information provided in the Agreement to follow and sign your name in the space provided, both on the signature page and the Escrow Agreement. If there are revisions that must be made to the document, make them directly on the Agreement or attach an Addendum. All offers are due in our office no later than Wednesda% May 31, 2000 at 5:00 p~m, LINCOLN PROPERTY COMPANY COMMERCL~ SEIq¥1CE EN"mU~RIS£S, INC. LICENSED REA~ ESTATE BROKER 2850 NORTH FEDERAL HIGHWAY SUITE 200 LIGHTHOUSE POINT, FLORIDA 33064 (954) 786-4400 F~x (954) 786-4405 Mr. Rober~ A. Barcinski April 12, 2000 Page Two Offers received will be evaluated on the following criteria; price, terms, ability of the purchaser to perform and track record, redevelopment plans of purchaser, and quality and quantity of revisions made to the Agreement. However, Bank of America reserves the right to accept or reject any offe~' made for any reason. _ There will be an opportunity to tour the building prior to the offer due date. This can be arranged by faxing the Appointment Request Form to our office to schedule an appointment. Please note that the bank must enjoy continuous, uninterrupted operation during any proposed redevelopment. This is a non-negotiable condition of any offer. Please feel free to call me at (954) 786-3329 should you have any questions concerning this process of information regarding the property. We look forward to working with you. Sincerely, Lincoln Property Company Commercial Service Enterprises vMi carekFMr eOs ~ge ~t~r y, CCIM cc: Monica Ammann Sonal Patel Howard Levine Enclosures FOR SALE/PARTIAL LEASEBACK BANK OF AMERICA OWNER: SALES PRICE: LOCATION: BUILDING DESCRIFFION: BUILDING SIZE: LAND SIZE: ZONING: REAL ESTATE TAXES: DRIVE-THRU'S: Bank of America, N.A. $2,500,000, cash, as-is. 1001 East Atlantic Avenue Delray Beach, Palm Beach County A (2) two-story office building. +/- 19,200 s.f. +/- 1.82 acres. CBD (Central Business District), City of Delray Beach. $41,859 (1999) There is currently a remote drive-thru structure that the bank has vacated. The bank will not use this strt~.cture. **This information is subject to errors, omissions or withdrawal without notice.** For further information, please contact Mark Montgomery at (954) 786-3329. Lincoln Property Company Commercial Service EnTerprises, Inc. Licensed Real Estate Broker 2850 North Federal Highway SuiTe 200 Lighthouse Point, Florida 33064 (954) 786 ~.44~. Fax (954) 786-4405 BANK OF AMBRICA/EAST DI~LRAY FIRST PLOOR BRANCH PLOOR PLAN "' · ' Bank of America / East Delray Building Lease Terms ADDRESS: TENANT: PREMISES: LEASE COMMENCEMENT: SECURITY DEPOSIT: rNITITAL LEASE TERM: FULL SERVICE RENTAL RATE: FULL SERVICE RENTAL RATE ADJUSTMENTS: TENANT IMPROVEMENT ALLOWANCE: LANDLORD IMPROVEMENT OBLIGATION: PARKING: ADA: LANDLORD' S OVERHEAD: 1001 East Atlantic Avenue, Delray Beach, Florida. Bank of America, N.A., a national banking association. A portion of the fu'st floor, consisting of approximately 6,540 rsf. The rentable sq. fl. (rs/) will be established prior to closing, and will be fixed in the lease. Lease shall commence upon the effective date of the closing. Tenant's obligations to lease are expressly conditioned upon the closing of the sale of the Premises by Tenant to Landlord. None. Ten (10) years. Tenant will pay an annual rote of $20.00 per rsf, full service, to be paid in equal monthly installments. Full service is defined as the aggregate of base rent, operating expense and real estate taxes. However, full service specifically excludes electric and janitorial service to Premises, and sales tax. Rental will increase 10% every five (5) years oftbe lease tenn. Tenant will receive a cash allowance from Landlord equal to $5.00 per RSF. This allowance can be used for any improvements or fixtures for the space. The cash allowance will be paid in lump sum to Tenant within thirty (30) days of the Commencement Date. Any and all work required to separate the Tenant from other rentable areas (i.e. removal of stairwells to upper floors). Any and all work required to separate the Tenant electric service from other rentable areas. Relocation (using Tenant's approved vendors) of Tenant's telecomm equipment currently located on the second floor to within the Premises on the first floor. Landlord will provide surface parking in the building's primary parking lot on a -reserved basis for Tenant's customers and non-reserved spaces for employees in a quantity to be determined. During the t~rm of the lease, Landlord agrees to make building modifications that are required by ADA and as required by government agencies (excluding the Premises) in accordance with the Justice Department Regulations without charge to Tenant. There shall be no fees charged to Tenant by Landlord, for Landlord's supervision of Tenant's work. Landlord is not obligated to perform any conslxuction management services on behalf of Tenant Bank of America / East Delray Building Lease Terms HVAC: COMMON AREAS: BROKERAGE: USE: NON-DISTURBANCE: ASSIGNMENT & SUBLETTING: KIGHT OF FIRST REFUSAL: INTERRUPTION OF SERVICES: Landlord shall provide heating, ventilation and air-conditioning (HVAC) when necessary for normal comfort to the Premises, Monday through Friday; during Tenant's business hours for the term of the Lease. Tenant shall pay for th e cost of elecu'ic consumption to th e Premises directly to the service provider. Landlord is 'responsible for the maintenance repair and replacement of the building's HVAC system including the air handlers, VAV's and air ducts within the Premises. Tenant and its customers and visitors shall have an easement for ingress and egress over all common areas for purposes of use of the Premises for their intended uses. Landlord shall pay Lincoln Property Company Commercial Service Enterprises, Inc. a leasing commission equal to 4% of the Full Service Rental paid during the term. This commission shall be due and payable upon lease commencement. Landlord shall pay Lincoln Property Company Commercial Service Enterprises, Inc. an additional 2% fee for each renewal exercised, due and payable at commencement of each renewal term. The premises shall be used for any lawful use, including a banking facility, financial or related services and as general office use and for no other purposes. Tenant shall have the exclusive right for banking and financial services for the building. Landlord will provide Tenant with non-disturbance agreements from all ground lessors and existing or future mortgagees in a form acceptable to Tenant and lender. Tenant will have the absolute right to assign or sublease all or a portion of the Premises with approval from Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant will remain liable for the term of the lease regardless of any assignment or sublease. Tenant will have the right to assign or sublease all or a portion oftbe Premises to any affiliate at any time without Landlord's consent. Any assignment or subletting will not discharge Tenant from any liability under the lease. Tenant will have a right of fa'st refusal for space contiguous to the Premises on the first floor as it becomes available. This right is subject to leasing the offered space at the same terms and conditions as the bona fide third party offer. At Tenant's option the terms will be adjusted proportionately to permit expiration co-terminous with the primary lease. Subject to fome majeure, if after written notice, Landlord fails to cure a default in its performance of the services required under the lease and said default adversely impacts Tenant's use of the Premises, then Tenant will have the right to: (a) sue landlord for damages; (b) remedy the default and offset the reasonable expense of curing the default against future rents. 2 Bank of America / East Delray Building Lease Terms DEFAULT: SIGNAGE: OCCUPANCY: ESTOPPEL: RENEWAL OPTIONS: If and so long as an interruption of a service or utility continues and interferes with the conduct of Tenant's business for more than three business days after notice of such interruption shall have been given to Landlord, the rent under this lease shall be abated for the affected premises If Landlord's default renders the Premises untenantable, Tenant shall have the right to abate rent during such default period. Tenant shall continue to maintain existing signage on and around the building. Tenant will be under no obligation to maintain occupancy in all or any portion of the Premises. Any estoppel requests by the Landlord will be accompanied by an estoppel signed by the Landlord indicating the existence or lack thereof of any defaults by Tenant. Tenant will have five (5) options to renew the lease for five (5) years each, with rent increasing 10% every five years. Should Tenant be interested in renewing, Tenant will provide Landlord with written notice no later than six (6) months prior to the expiration of the lease. At the commencement of each renewal option exercised, Landlord will provide Tenant with a refurbishing allowance equal to $5/RSF. This non-binding summary shall not constitute an offer to lease the premises or a lease of the premises, but rather is intended to reflect the non-binding agreement of certain of the terms and conditions as negotiated by Landlord and Tenant, which are intended to be incorporated into a formal lease agreement. Only a fully executed and delivered lease agreement shall be binding upon the parties hereto, which lease shall be intended to reflect the spirit, terms and conditions of this proposal. Any agreement is subject to the approval of Tenant's senior management and its attorneys. 3 COMPANY LEASE ABSTRACT: Joanne Phelan, Inc. d/b/a Nina Rayne. Leased Area: Lease Expiration: Renewals Remaining: Monthly Rental: Reserved Parking: Security Deposit: 4,920 sq fi, first floor. September 30, 2005. None. $5,449.58 plus sales tax. This rental amount is inclusive of base rent, operating expenses and real estate taxes. The rent increases annually by CPI on October 1st of each year. 14 spaces directly behind the Leased Area. $4,100.00. NOTE: This information is subject to errors and omissions and should be independently verified for accuracy. Copies of the Lease Agreement, First Amendment To Lease and letter exercising the second renewal option are included in this offering for your review. LINCOLN PROPERTY COMPANY COMMERCIAL SERVICE ENTERPIUSES, INC. LICENSED REAL ESTATE BROKER 2850 NORTH FImERAL HIGHWAY SUITE 200 LIGHTHOUSE POINT, FLORIDA 33064 (954) 786-4400 FAX (954) 786-4405 CITY OF DI~.I.RAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - MAY 16. 2000 - 6:00 P.M. COMMISSION CHAMBERS THE AGENDA IS AMENDED BY ADDING THE FOLLOWING rrEMS: Proclamations: 6.F. Proclaiming the month of May, 2000, as CMZI2'F'.M'O. IV2'I-Iin the City of Dekay Beach. Regular Agenda: 9.L. Resolution No. 44-00: Consider approval of a resolution objecting to language added to Senate Bill 1280 that provides for public counsel of the Public Service Commission to provide legal representation in proceedings before counties regarding water and wastewater utility rates, and requesting that the Governor veto such legishtiun. .Addendum. May 16, 2000.Reg. Mtg. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM 6fl./-. - REGULAR MEETING OF MAY 16. 2000 RESOLUTION NO. 44-00 (OBJECTING TO SENATE BII J. 1280) DATE: MAY 16, 2000 Attached is correspondence from the Florida Section of the American Water Works Association (AWWA) encouraging municipalities and counties to write Governor Bush in opposition to Senate Bill 1280, as amended. As initially proposed, the bill related to nursing homes and health care facilities. However, as the legislative session drew to a close, the bill was amended to include language pertaining to water or sewer utilities (Section 11 and Section 12) which would requi~e public counsel for the Public Service Commission to provide legal representation in proceedings before counties. The bill was passed as amended and has been sent to the Governor to be signed into law. As noted in the AWWA correspondence, this legislation represents the first step in bringing the Public Service Commission into our business. Not only does the amendment demonstrate a complete disregard for the fundamental principles of Home Rule, it also appears to be unconstitutional in that it violates the single subject rule. Staff recommends that Resolution No. 44-00 be adopted and distributed to all interested parties in an effort to have the Governor reject this legislation. RefiAgmemol.Res44-00.Senate Bill 1280 RESOLUTION NO. 44-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DgJ.RAY BEACH, FLORIDA, OBJECTING TO LANGUAGE ADDED TO SENATE BII.I. 1280 THAT PROVIDES FOR PUBLIC COUNSEL OF THE PUBLIC SERVICE COM2dlSSION TO PROVIDE LEGAL REPRESENTATION IN PROCEEDINGS BEFORE COUNTIES REGARDING WATER AND WASTEWATER UTILITY RATES, AND REQUESTING THAT THE GOVERNOR VETO SUCH LEGISLATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Senate Bill 1280 was passed as amended by the Florida Senate on May 5, 2000, and has been sent to Governor Bush to be signed into law; and WHEREAS, Senate Bill 1280, relating to nursing homes and health care facilities, was amended at the eleventh hour by the addition of language that provides for notices to customers before a local government water or sewer utility increases any rate or fee for utility services in addition to any notice and public meeting requirements for ordinance adoption as provided by general law, and further requires the Public Counsel of the Public Service Commission to provide legal representation for the people of the state in utility rate proceedings before counties; and WHEREAS, this portion of the amendment appears to viohte Rule 7.1 which provides that no proposition on a subject different from that under consideration shall be admitted under color of amendment; and WHEREAS, Senate Bill 1280 is an act relating to nursing homes and related health care facilities while the subject of this portion of the amendment is water utility rate proceedings; and WHEREAS, said amendment to Senate Bill 1280 demonstrates a complete disregard for the fundamental principles upon which Home Rule was founded and exists pursumat to Florida law; and WHER_EAS, the City Commission is deeply concerned about the impact that this legislation could have for county and local governments throughout the state. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach City Commission formally objects to the amendment provisions of Senate Bill 1280 as they pertain to water and wastewater utility rate proceedings, and respectfully requests that the Governor reject any such legislation. Section 2. That the City Clerk is directed to forward a copy of this Resolution to the Governor, the Florida State Legislatu.te, the Florida League of Cities, the Palm Beach County League of Cities, the Palm Beach County Legislative Delegation, the Palm Beach County Board of County Commissioners, all muvficipalities in palm Beach County, and any other interested parties. PASSEDANDADOPTEDinreg~l"~essi°n°nth--i'~sth~l~t~~~ MAYOR ATI'~ST: 'city Cl~ / ' - - - 2 - Res. No. 44-00 MEMORANDUM TO: FROM: DATE: $I~JECT: ' AWWA Utility Council Members Doug Mara~ Governmental Relations Consullant May 12, 2000 PSC Language in Senate Bm 1280 In my legislative summary of May 10, I mentioned how PSC language was placed on Senate Bill 1280. This provision provides for the public counsel of the PSC to provide legal representation in proceedings before counties regarding water and wastewater miliw rates. The amendment also requires that all proceedings conducted by a county or i~s agcn%' fall under sections 120.569 end 120.57, F.S. (see attached). Both counties and cities should be very,' concerned with ~his le~slation; it is the fu'st step in bringing the PSC into your business, It also is a step towards having all local gove,msents come under the Administrative Procedures Act, Chapter 120. F.S, While this am~dment applies only to counties, ff thc Governor signs this legislation, it will not bc long before efforts will be made to also bring eixies und~ the provision. I would encourage all managers ora nmnicipal or county utili~.' to brief their superiors on this legislation. I recormnend they send a letter to the Governor opposing Senate Bill 1280. Also, cities and counties should coutact their state association to make sure ~hey get strongly involved. In addition, any city or county which employs a Tallahassee lobbyist should have 'd~em working Io get this vetoed, A resolution opposing this amen&nent would be helpful if il was atta~cd Io any lc'tier to the Governor. We have aboxn three weeks to let the Governor know how we ~cel. I have already s~arted to work at this end, btn really need all of you im,olved to make sure this legislation does not become law. The Governor needs to hear from you. If you have any questions or concerns please call me at (gS0) 222-7535. fkjv 310 WEST COLLEGE AVENUE * T.S.L L.aJtASSE E, FLORIDA 32301 (850) 222-7535 *($50) 651-8796 ENROLLED 2000 Legislature SB 1280, 1st Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 An act relating to nursing homes and related health care facilities; amending s. 400.021, F.S.; defining "nursing home bed"; amending s. 400.0225, F.S.; modifying provisions relating to consumer satisfaction surveys; authorizing the Agency for Health Care Administration to adopt rules; amending s. 400.0255, F.S.; providing for medication repackaging; amending s. 400.141, FoS.; requiring a signed order by a physician when the nursing home initiates transfer or discharge of a resident; providing time requirement for notice of discharge or transfer to certain persons; amending s. 400.191, F.S.; modifying requirements for consumer information reporting; authorizing the agency to adopt rules; amending s. 400.23, FoS.; providing an exemption for nursing home residents age 18 to 21 years from certain standards of care based on age, under certain circumstances; amending s. 400.235, F.S.; modifying requirements relating to designation under the nursing home Gold Seal Program; authorizing the agency to adopt rules; amending s. 400.962, F.S.; exempting comprehensive transitional education programs from licensure requirements under pt. XI of ch. 400, F.S.; amending s. 397.405, F.S.; correcting a cross reference; requiring a study relating to use of automated medication dispensing machines in nursing facilities; providing for demonstration C0D~NG:Words ~ are deletions; words underlined are additions. ENROLLED 2000 Legislature SB 1280, 1st Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 29 3O 31 projects; requirin9 a report; creating s. 180.136, F.S.; requiring notice of proposed increases in certain water or sewer utility service rates, charges, or fees; specifying such notice is in addition to other notice and meetin9 requirements; amending s. 350.0611, F.S.; requiring the Public Counsel to provide legal representation in proceedings before counties under certain circumstances; amending s. 367.171, F.S.; requiring county rate proceedings to follow certain provisions of the Administrative Procedure Act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsections (11) through (17) of section 400.021, Florida Statutes, are renumbered as subsections (12) through (18), respectively, and a new subsection (11) is added to said section to read: 400.021 Definitions.--When used in this part, unless the context otherwise requires, the term: (11) "Nursing home bed" means an accommodation which is ready for immediate occupancy, or is capable of being made ready for occupancy within 48 hours, excluding provision of staffing; and which conforms to minimum space requirements, including the availability of appropriate equipment and furnishinqs within the 48 hours, as specified by rule of the agency, for the provision of services specified in this part to a sln~le resident. C0D~NG:Words ~-tr~ck~rn are deletions; words underlined are additions. ENROLLED 2000 Legislature SB 1280, 1st Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (2) A nursin9 home facility as defined in s. 400.021(12)(11). Section 10. The Board of Pharmacy, in cooperation with the A~ency for Health Care Administration, shall undertake a study of the feasibility, efficiency, cost-effectiveness, and safety of using automated medication dispensing machines in nursin~ facilities. The board and the agency may authorize the establishment of demonstration projects in up to five nursing facilities with a class I institutional pharmacy as part of the study. Demonstration projects may be allowed to continue for up to 12 months. A report summarizing the results of the study shall be submitted by the board and the agency to the Speaker of the House of Representatives and the President of the Senate by January 1, 2001. If the study determines that such dispensing machines would benefit residents of nursing facilities and should be allowed, the report shall identify those specific statutory chan~es necessary to allow nursing facilities to use automated medication dispensin9 machines. Section 11. Section 180.136, Florida Statutes, is created to read: 180.136 Water or sewer utilities; notice.--Before a local ~overnment water or sewer utility increases any rate, charge, or fee for water or sewer utility service, the utility shall provide notice of the proposed increase to each customer of the utility through the utility's billing process. The notice shall state the date, time, and place of the meetin~ of the governin9 board of the local government at which such increase will be considered. The notice required in this section is in addition to any notice and public meeting requirements for ordinance adoption as provided by ~enerat law. 18 C0BING:Words ~-t-z-i-ck-en are deletions; words underlined are additions. ENROLLED 2000 Legislature SB 1280, 1st Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 12. Section 350.0611, Florida Statutes, is amended to read: 350.0611 Public Counsel; duties and powers.--It shall be the. duty of the Public Counsel to provide legal representation for the people of the state in proceedings before the commission and in proceedings before counties pursuant to s. 367.171(8). The Public Counsel shall have such powers as are necessary to carry out the duties of his or her office, including, but not limited to, the following specific powers: (1) To recommend to the commission, by petition, the commencement of any proceeding or action or to appear, in the name of the state or its citizens, in any proceeding or action before the commission and urge therein any position which he or she deems to be in the public interest, whether consistent or inconsistent with positions previously adopted by the commission, and utilize therein all forms of discovery available to attorneys in civil actions generally, subject to protective orders of the commission which shall be reviewable by summary procedure in the circuit courts of this state~T (2) To have access to and use of all files, records, and data of the commission available to any other attorney representing parties in a proceeding before the commission~T (3) In any proceeding in which he or she has participated as a party, to seek review of any determination, finding, or order of the commission, or of any hearing examiner designated by the commission, in the name of the state or its citizens~T (4) To prepare and issue reports, recommendations,, and proposed orders to the commission, the Governor, and the Legislature on any matter or subject within the jurisdiction 19 CODING:Words ~r~f~a~are deletions; words underlined are additions. ENROLLED 2000 Legislature SB 1280, 1st Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 of the commission, and to make such recommendations as he or she deems appropriate for legislation relative to commission procedures, rules, jurisdiction, personnel, and functions~T (5) To appear before other state agencies, federal agencies, and state and federal courts in connection with matters under the jurisdiction of the commission, in the name of the state or its citizens. Section 13. Subsection (8) of section 367.171, Florida Statutes, is.amended to read: 367.171 Effectiveness of this chapter.-- (8) Each county which is excluded from the provisions of this chapter shall regulate the rates of all utilities in that c~unty which would otherwise be subject to regulation by the commission pursuant to s. 367.081(1), (2), (3), and (6). The county shall not regulate the rates or charges of any system or facility which would otherwise be exempt from commission regulation pursuant to s. 367.022(2). For this purpose the county or its agency shall proceed as though the county or agency is the commission. In all proceedings conducted by a county or its agency under the authority of this chapter, the provisions of ss. 120.569 and 120.57 shall apply. Section 14. This act shall take effect upon becoming a law. 20 CODING:Words ~ are deletions; words underlined are additions. 05/16/00 TUE 15:21 FAX 561 2~S 4755 DEL BCH CTY ATTY ~ CITY HALL ~002 HOUSE MESSAGE SUMMARY BILL: SB 1280 SPONSOR: Senator Cowin SUBJECT: Nursing Homes and Related Health Care Facilities PREPARED BY: Senate Committee on Children and Families DATE: May 4, 2000 [S 1280.HMS] I. Amendments Contained in Message House Amendment - 675675 (body with title) II. Summary of Amendments Contained in Message House Amendment 1 includes provisions of liB 2431 (PCB 06) by the House Committee on Elder Affairs and Long Term Care that was developed to assist in the implementation of liB 1971 that passed the 1999 Legislature and contains provisions of SB 178 that relates to water ntility rate proceedings. This amendment clarifies language related to the transfer and discharge of residents from nursing homes with which nursing homes have experienced implementation problems. An Agency for Health Care Administration (AHCA) form is requlred when a nursing home initiates a resident transfer or discharge from the facility. The amendment allows a written physician order to be attached to the form in place of a signature. Also, this amendment requires tha~ the form be scm to the Ombudsman within 5 days. There have been problems in the past with Ombudsman off~ces receiving these forms in a timely mariner. The amendment revises the types of data that must be published in the Consumer Information materials prepared by AHCA. Allows the agency to provide links to other web sites that provide consumer information. Clarifies the nursing home information that will be provided in the guide includes length of ownership, chain affiliation, and methods of payment accepted. Deletes a requirement that the guide include the federal Quality Indicators. This federal form is not a useful tool to help consumers and their families discern a facility's clinical outcomes, as expected. The amendment replaces broad regulatory information language with specific information that will be included in the guide. Requires the agency to provide the last 45 months of regulatory data instead of 3 years. This more accurately reflects the last three "survey cycles" (survey cycles are a 15 month maximum). Provides authority to report results of the consumer satisfaction surveys and deficiency information in numeric and symbolic formats. For example, the agency may elect to use a display of one to five stars to represent the customer satisfaction survey results. Allows the agency to use federal deficiency data regardless of how the federal system is named or identified, It is anticipated that the Health Care Financing Administration may change their "OSCAR" computer system in the future. Allows additional information to be provided in the Consumer Guide as the agency is able to accumulate and publish such information. Provides rule 05/16/00 TUE 15:21 FAX 501 278 47§5 BILL; SB 1280 DEL BCH CT¥ Aq~FY CITY HALL ~ O03 Pa~e 7 authority to the agency to implement the Consumer Guide. Provisions are clarified relating to the consumer satisfaction surveys the agency is required to obtain. Criteria are revised for nursing homes that are recommended for the Gold Seal Award by replacing the use of the federal Quality Indicators with a quality of care measurement system that will be determined by the Panel for Excellence in Long Tema Care. The federal Quality Indicators form does not serve as an appropriate tool to provide information about clinical outcomes, as expected. Pr9vides additional role authority to the agency to implement the Gold Seal program The bill revises the criteria used to nominate nursing homes for the Gold Seal award. A definition of"nursing home bed" is created which should give nursing homes flexibility to use a resident room for other uses as long as it can be made ready for occupancy in 48 hours. The Board of Pharmacy and AHCA are directed to study the use of automated medication dispensing machines in nursing facilities. A report summarizing the results shall be submitted by the board and the agency to the Speaker of the House and the President of the Senate by January 1, 2000. The amendment includes provisions for notices to customers before local government water or sewer utility increases any rate, charge, or fee for water or sewer utility services. This notice is in addition to an), notice and public meeting requirements for ordinance adoption as provided by general law. The amendment allows the Public Counsel to provide legal representation for the people of the state in water and wastewater utility rate proceedings before counties. This portion of the amendment appears to violate Rule 7.1 which provides that no proposition on a subject different from that under consideration shall be admitted under color of amendment. This is an act relating to nursing homes and related health care facilities; the subject of this portion of the amendment is water utility rate proceedings. .Bill Index Page 1 of 2 Florida Legislature Session Information View House Bills Search Bill Text Online Sunshine Senate 1280: Relating to Nursing Homes & Health Care Facility BEll ~ Hundreds <Prey Bill Text(3) Amendments(4) Staff Analysis(2) Vote History(3) Citations Next> S 1280 ~ENERAL BILL/1ST ENG by Cowin (Similar H 2431, Compare CS/1ST ENG/H 0329, CS/H 0367, CS/S 0178, S 1814, S 197~) Nursinq Homes & Health Care Facility; defines "nursing home bed"; requires signed order by physician when nursing home initiates transfer or discharge-of resident; modifies requirements re designation under nursing home Gold Seal Program; requires notice of proposed increases in certain water or sewer utility service rates, charges, or fees; requires Public Counsel to provide legal representation in proceedings before counties, etc. Amends Ch. 400, 180.136, 350.0611, 367.171, 397.405. EFFECTIVE DATE: 02/09/00 SENATE 02/16/00 SENATE 03/07/00 SENATE 03/16/00 SENATE 03/21/00 SENATE 03/22/00 SENATE 04/11/00 SENATE 04/12/00 SENATE 04/18/00 SENATE 04/18/00 HOUSE 05/04/00 HOUSE 05/04/00 SENATE 05/05/00 SENATE Upon becoming law. Prefiled Referred to Children and Families Introduced, referred to Children and Families -SJ 00076 On Committee agenda-- Children and Families, 03/21/00, 3:30 pm, 37-S Comm. Action:-Favorable by Children and Families; YEAS 6 NAYS 0 -SJ 00277 Placed on Calendar -SJ 00277 Placed on Special Order Calendar -SJ 00406 Placed on Special Order Calendar -SJ 00420; Read second time -SJ 00446 Read third time -SJ 00458; Passed; YEAS 40 NAYS 0 -SJ 00458; Immediately certified -SJ 00458 In Messages Received -HJ 01609; Read second time -HJ 01609; Amendment(s) adopted -HJ 01609; Read third time -HJ 01613; Passed as amended; YEAS 115 NAYS 0 -HJ 01613 In returning messages Was taken up 26 -SJ 01323; Concurred -SJ 01327; Passed as amended; YEAS 34 NAYS 4 -SJ 01327; Ordered engrossed, then enrolled -SJ 01327 Bill Text:(Top) BillName S 1280 S 1280E1 S 1280ER Date Posted 02/12/2000 05/09/2000 05/09/2000 Available Formats HTML, PDF HTM L,, PDF HTML, PDF Amendments:(Top) S 1280: AmendmentlD 160653 192931 675675 Date Posted 05/06/2000 05/06/2000 05/06/2000 Available Formats HTMI~, PDF HTML, PDF HTML, PDF S 1280E1: NO AMENDMENTS AVAILABLE S 1280ER: NO AMENDMENTS AVAILABLE http://www~~eg~stat~~~~us/sessi~n/2~~~~~i~~inf~/index~cfJn?M~d~=Vi~wBi~~~nf~&Bi~~Num=~28~ 5/16/00 .Bill Index Page 2 of 2 Staff Analysis: (Ton) Analysis ID S 1280 S 1280 Vote History: (Top) Chamber Roil Call HOUSE 0536 SENATE 0016 SENATE 0030 Citations: (Top) Sponsor Available Formats Children and Families PDF House Messsage Summary PDF Vote Date Available Formats 05/04/00 HTML 04/18/00 HTML 05/05/00 HTML STATUTE CITATIONS:(Top) 0180.136 0350,0611 0367.171 0397.405 0400.021 0400.0225 0400.0255 0400.141 0400,191 0400.23 0400.235 0400.962 CONSTITUTION CITATIONS: NO CONSTITUTION CITATIONS FOUND FOR REQUESTED BILL. http://www.~~g.stat~~~~us/s~ssi~n/2~~~/bi~~inf~/ind~x.cfxn?M~de=Vi~wBi~~Inf~&Bi~~Num=~2~~ 5/16/00 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ]&.~ - REGULA~ M~.~.TING OF MAY 16. 2000 ORDINANCE NO. I1-00 DATE: MAY 12, 2000 This is second reading and a public hearing for Ordinance No. 11-00 which provides for notification requirements for specified waivers but leaves the authority to grant waivers with the City Commission as opposed to delegating that authority to the Historic Preservation Board. The notifications will be mailed ten (I0) days prior to the meeting at which the Historic Preservation Board would make a recommendation on a proposed waiver, as opposed to ten days prior to the Commission meeting. This will enable the Historic Preservation Board to take public comment into consideration before a recommendation is made. At first reading on May 2ha, the City Commission passed the ordinance on first reading by a vote of 3 to 2 (Commissioners McCarthy and Schwartz dissenting). The staffrecommendation is approval of Ordinance No. 11-00 on second and final reading. Ref~gmemol.Ord. 11-00.Second Reading ORDINANCE NO. 11-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", SECTION 4.3.1, "APPLICATION OF DISTRICT REGULATIONS", AND SECTION 5.1.6, "COMPLIANCE WITH ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ESTABLISH NOTIFICATION REQUIREMENTS FOR THE GRANTING OF RFJ.IEF FROM CERTAIN MINIMUM LOT DIMENSIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public heating held on February 28, 2000, and voted 5 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning R ' " ' ' egulauons , Secuon 4.1.4, q. Jse of Lots of Record", of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: (c) ......... zc. nx:g .......... Excerpt for single f~milv residences subject to the R-1-A (.Single Family Residential) zoning disttic't standards, ff two (2) or more adjoining lots (or combination of lots and portions of lots) of record ~,e were under the same ownership ~h~&~.~%~%*e-a~ a..'-:c.-:dr.~c.'xt cf '&2: cza:.~ancc as of October 18. 1994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regrflations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. Ownership shall be determined by the property tax rolls on file in the Palm Beach County p ny App als Offi f '~k _cc__.:_._ ~ .... c .t:. --a: .... b Pro e r er's ce as o c ........ Octo er 18, 1994. Notwithstanding the above, a waiver to this requirement may be ~anted by thc Ci.ty Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the request shall be provided pursuant to Section 2.4.2(B)(1)(r0 tO the owner= of all property_ located within five hundred feet (500') of the perimeter of the property, on which the waiver is being sought. The notice shall be mailed no later than ten (10) calendar days prior to the meeting before the City. Commission. For properties located within desi?ated historic disthcts, or desivnated as historic sites, or properties listed on the Local Re~ster of Historic P~laces. the Historic Preservation Board shall review the request prior to the City Commission meeting and ~h,l! forward its recommendation on the request to the City. Commission. Notification of the request shall be as described above, except that the mailine of the notices shall occur no later than ten (10) calenH,r days prior to the meeting before the Historic Preservation Board Section 2. That Chapter Four, "Zoning Regulations", Section 4.3.1, Application of District Regulations", of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: (D) No yard or lot existing at the time of the passage of this chapter shall be reduced in area or dimensions below the minimum requirements set forth herein. Lots or yards created after October 1. 1990 ~.A~.~ ~-~.-cr--'~---~ ~a-~ c.f '~-:-~ ~-~t~ shall meet the minimum requirements established by this chapter unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such a nonconformity. Notwithstanding the above, the City shall provide notice by mail of any such action before the City Commigsion. Notice shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property, located within five hundred feet (500') of the perimeter of the property, on which the action is being sought. The notice shall be mailed no later than ten (10) calendar days prior to the meeting before the City Commission. ~ That Chapter Five, "Subdivision Regulations", Section 5.1.6, "Complixnce with Zoning Regulations", of the Land Development Regulations of the City of Delray Beach, be and the same are hereby amended to read as follows: General: All subdivisions shall conform with, at least, the minimum zoning regulations applicable to the property being subdivided (i.e. a nonconforming situation cannot be created through the act of subdivision unless a variance to such effect is approved by the Board of Adjustment or relief a ted b the City Commission pursuant to Section 4.3.1 fiD)) prior to action on a pt~4imm,a~ subdivision plat. u ............ ....... , - 2 - Ord. No. 11-00 Section 4. That should any section or provision of this ordinance or any portion thereof, any pat&graph, sentence or word be declated by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the pan declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same ate hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. the PASSED AND ADOPTED in regnl,r session on second and final reading on this 1 6 th day of May ,2000. A'rr~ST: - -- City C~erk- / ' MAYOR First Reading May 2, 2000 Second Reading May 16, 2000 3 Ord. No. 11-00 CITY OF OELRI:IV BEI:IEH CITY ATTORNEY'S OFFICE DELRAY BEACH ~ DATE: 993 FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 MEMORANDUM May 10, 2000 City Commission Susan A. Ruby, City Attorney SUBJECT: Dharma Properties, Inc. vs. City of Delray Beach (Case No. 00-8362CW- Hurley) Dharma Properties, Inc. vs. City of Delray Beach (Case No. 00~AP00-1157 AY) The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida Statutes §286.011 (8) for the May 16, 2000 City Commission meeting to discuss the above pending litigation. Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the commencement of the closed attorney-client session, the Mayor should read the following: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) in the cases of Dharma Properties, Inc. v. City of Delray Beach with the case numbers as set forth above. The estimated length of the closed session shall be 30 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Bill Schwartz, Pat Archer, Jeff Peflman, and Alberta McCarthy, City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney Jay Jambeck, and a certified court reporter." Atter the closed session is over, the Mayor should announce that the regular meeting is reopened, and the closed session is terminated. B.y yopy of this memorandum to David Harden, our office requests that the agenda be prepared g~wng reasonable public notice of the time and date of the closed attorney-client session for March 16, 2000 and that the agenda item include the name of the case, the names set forth above of those persons attending the session, and identify the item as a closed door session pursuant to Florida Statutes §286.011. Our office will arrange for a court reporter to be present as..[e, fluired by statute. Attachedis a copyofFla. Stat. {}286.011. Alison MacGregor Harty, City Clerk Jay Jambeck, Assistant City Attorney /¥. 286:01~ P'ublic meetings and records; public inspection; criminal and IPage 17 OASIS 286.011 Public meetings and records; public inspection; criminal and civil penalties. TITLE XIX PUBLIC BUSINESS CHAPTER 286 PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit couds of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the coud finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall ~286~0i{ Public meetings and records; public inspection; criminal and ~o~s~s ~-Page )] be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.-s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353.