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03-16-04 Agenda RegCity of Delray Beach Regular Commission Meeting Tuesday, March 16, 2004 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULF.~ 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. 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. 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. SION 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 si~n-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. The City vail furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. ROLL C~ J.. INVOCATION. PLEDGE OF AI.I.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · NONE PROCLAMATIONS: Recognizing and commending Johnny Haynes - Parks Maintenance Division - Parks and Recreation Department Employee of the Year for 2003, and Jo Wagenhals - Ocean Rescue Division and Gaff Vanhove - Administration/Recreation Division as Parks and Recreation Top Employees of the Year 2003 Commending multiple medal xffmners - Delray Beach 2004 Senior Games Macular Degeneration Awareness Week - March 21-27, 2004 PRESENTATIONS: 15~ Annual Del-Aire/Delray Citizens for Delray Police - Charities Golf Tournament to benefit Delray Beach Fire Rescue and Police Departments - Perry DonFrancisco Employee Suggestion Award to Jim Finley, Police Officer "Spotlight on Education" - Mary Stratos, Principal at Carver Middle School CONSENT AGENDA: City Manager Recommends Approval. FINAL BOUNDARY PLAT APPROVAL/PINEAPPLE GROVE BUILDING: Approve the boundary plat for the Pineapple Grove Building, located on the northwest comer of N.E. 2nd Avenue (Pineapple Grove Way) and N.E. 2"a Street. B+ ACCEPTANCE OF EASEMENT DEED AND AGREEMENT FOR SIDEWALK IMPROVEMENTS/JOHN REMUS SERVICES: Approve and accept a five (5) foot easement deed and approve a 151.67 foot sidewalk deferral agreement between the City and John Remus Services for S.E. 2"a Avenue (southwest comer of S.E. 2nd Street and S.E. 2"a Avenue). RIGHT-OF-ENTRY AGREEMENT/SEACREST/DEL-IDA PHASE IV: Approve the Right-of-Entry Agreement for 118 N.E. 16th Court to allow the City or its contractors to enter onto the owner's property and modify the driveway for the construction of the splitter island. 03-16-2004 RESOLUTION NO. 27-04: Approve Resolution No. 27-04 urging the United States House of Representatives and Senate to continue to support beach renourishment projects. SERVICE AUTHORIZATION NO. 32/DAVID MILLER & ASSOCIATES. P,A,; Approve Service Authorization No. 32 to David Miller & Associates, P.A. in the amount of $15,500.00 for consulting services in developing preliminary analysis and report preparation for the City Hall Space Study Project. Funding is available from 334- 6112-519-31.30 (General Construction Fund/Engineering & Architectural). CANCEIJ.&TION OF CONTRACT (SAVEMORE UNDERGROUND & ELECTRICAL SUPPLY CO.)/AWARD OF CONTRACT (FERGUSON WATER WORKS/MELROSE SUPPLY/LEHMAN PIPE & SUPPLY/ NATIONAL WATERWORKS): Approve cancellation of the contract with Savemore Underground & Electrical Supply Co. for furnishing of pipe fittings and accessories due to withdrawal of bid; and award of contracts to Ferguson Water Works, Melrose Supply, Lehman Pipe & Supply, and National Watervaorks, second lovaest bidders, for the items. Funding is available from various dep~Uaental operating budgets. SPECIAL EVENT REOUEST/2004 EXCLUSIVE SPORTS MARKETING VOLLEYBAI.I. TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2004 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on April 24 and 25, 2004. SPECIAL EVENT REOUEST/EASTER SUNRISE SERVICE: Approve a request for special event approval to allow the Easter Sunrise Service to be held April 11, 2004 from 5:30 a.m. until 7:30 a.m., including a temporary use permit per LDR Section 2.3.6(}t) for the closure of South Ocean Boulevard from Adantic Avenue to Miramar, the use of the pavilion, staff support for traffic control, barricading, and EMS assistance on behalf of the Delray Beach Clergy Association. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for two (2) eligible applicants/families in the amount of $19,235.00 for new construction on N.W. 4e~ Avenue and $10,600.00 for 819 S.E. 3~d Avenue. This brings the number to 158 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home Owner Subsidy). REVIEW OF ApPEAI.dkBLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 8, 2004 through March 12, 2004. AWARD OF BIDS AND CONTRACTS: Purchase award to PVS Technologies, Inc. in the amount of $91,000.00 via the Broward County Bid #CX01244B1 for ferric chloride for use in the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). 03-16-2004 o 10. Purchase award to Otto Industries Systems in the amount of $21,930.00 for the purchase of garbage carts with lids as a sole source purchase. Funding is awiluble from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement). Contract award to PureAir Control Service, Inc. in the amount of $78,121.00 via the State of Florida SNAPS Agreement #9732149-3 for an environmental clean- up of the air conditioning system at the Police Department. Funding is available from 334-3162-541-46.10 (General Construction/Building Maintenance). REGULAR AGENDA: WAIVER REOUEST/LOT DIMENSION: Consider a request to waive Land Development Regulations (IX)R) Section 4.3.4(K) to reduce the lot frontage, lot width, and lot size for a proposed lot, located near the northeast comer of S.W. 7e~ Avenue and S.W. 3~a Street. (Quasi-JudicialHeadng) RESOLUTION NO. 26-04: Consider approval of Resolution No. 26-04 authorizing the Community Redevelopment Agency (CRA) to acquire fee simple tide by gift purchase or eminent domain for property needed for Old School Square expansion, including additional parking. RESOLUTION NO. 17-04 (CRA REDEVELOPMENT REVENUE BONDS): Consider approval of Resolution No. 17-04 authorizing the Community Redevelopment Agency of the City of De[ray Beach to issue Redevelopment Revenue Bonds not to exceed $12,000,000. AMENDED AND RESTATED LEASE AGREEMENT/LAKE IDA PARK: Consider approval of the amended and restated lease agreement between the City and Palm Beach County to extend our current lease for an additional ten (10) years to be eligible for a Florida Recreation Development Assistance Program (FRDAP) grant for playground equipment at Lake Ida Park (11th Street). RESOLUTION NO. 20-04: Con~xder approval of Resolution No. 20-04 amending Resolution No. 88-97, Parking Management Advisory Board (PM_AB), to provide for the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), Planning and Zoning Board (P&Z), West Atlantic Redevelopment Coalition (WARC), and the Chamber of Commerce to appoint an alternate member to the PMAB. PUBLIC HEARINGS: RESOLUTION NO. 13-04: Consider approval of Resolution No. 13-04 providing for the transfer of real property to the Delmy Beach Community Redevelopment Agency to be utilized for the Renaissance Houffmg Program. 03-16-2004 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOI.I.OWING PUBLIC HEARINGS. 12. 13. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ORDINANCE NO. 22-04: An ordinance amending Chapter 33, "Police and Fire Departments", Pensions, Section 33.70, "Direct Transfers of Eligible Rollover Distributions", providing a mechanism for the roll over of 457 and 401 funds where applicable. If passed, a public heating will be scheduled for April 13, 2004. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission PO8TED: MARCH 12, 2004 03-16-2004 WHEREAS, nearly 100 full-time employees work in the Parks and Recreation Department within the three Divisions of Parks Maintenance, Recreation, and Ocean Rescue; and WHEREAS, the Department has developed performance measures to identify exceptional employees within these three Divisions based on th(nc job du6es, responsikfflifies, and volunteer service in the community; and WHEREAS, Johnny Haynes from the Parks Maintenance Division, Jo Wagenhals from the Ocean Rescue Division, and Gall Vanhove from the Administration/Recreation Division were chosen the TOP EMPLOYEES of their respective Divisions; and WHEREAS, Johnny Haynes was selected as the recipient of the Parks and Recreation Department EMPLOYEE OF THE YEAR AWARD for 2003. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of De[ray Beach, Florida, on behalf of the City Comrmssion, do hereby recognize and cornlrlend JOHNNY HAYNES PARKS and RECREATION EMPLOYEE OF THE YEAR 2003 for his dedication and service to the community of Delray Beach and the Parks and Recreation Department. In addition, do hereby recognize and commend JO WAGENHALS and GAIL VANHOVE PARKS and RECREATION TOP EMPLOYEES OF THE YEAR 2003 on a job well done for the Parks and Recreation Department and the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16m day of March, 2004. JEFF PE~ MAYOR Lc?,, Date: Feb. 24, 2004 AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda When: March 16~ 2004 Description of Agenda Item (who, what, where, how much): Request approval of and Mayor's signature on a Proclamation honoring the Parks and Recreation Department's Employee of the Year 2003 and the two runners-up. D.epartment Head~ . ~, c. (~ ~ Signature: ~o.~ ,~zx) ~ City Attorney Rev~e~/Recommendatton (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:~/No Initials: ~ Hold Until: Agenda Coordinator Review: Received: PROCLAMATION WHEREAS, 101 full-time employees work in Department within the three Divisions of Parks and Ocean Rescue; and the Parks and Recreation Maintenance, Recreation, WHEREAS, the Department has developed performance measures to identify exceptional employees within these three Divisions based on their job duties, responsibilities, and volunteer service in the community; and WHEREAS, Johnny Haynes from the Parks Maintenance Division, Jo Wagenhals from the Ocean Rescue Division and Gall Vanhove from the Administration/Recreation Division were the top employees of their respective Divisions; and WHEREAS, Johnny Haynes was selected as the recipient of the Parks and Recreation Department Employee of the Year Award for 2003, NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend Johnny Haynes for his dedication and service to the community of Delray Beach and recognize and commend Jo Wagenhals and Gail Vanhove on a job well done for the Parks and Recreation Department and the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16=h day of March, 2004. MAYOR Jeff Perlman To: Parks and Recreation Director -.loe Weldon From: Assistant Parks and Recreat~n Director- Rich ConneJI Date: 2/6J200~ Re: Employee of the Year Award 2003 The awards committee recommends the 2003 Parks and Recreation Department Award reciplem: be Mr. 3ohnny Haynes ~ ~ Parks Naintenance Di~sion. The runner-ups are Gall Vanhove from Administration / Recreation Division, and 3o Wagenhals from Ocean RJ~scue. 3ohnny Haynes 3,4%0 points Gaff Vanhove 3,S~8 ~ All three employees di~nguished themselves and are ~o be commended for their contrtbu~ons to the Department and the Community at large. 3ohnny Haynes volunteered 1,000 unpaid hours in the Youth Basketball Program, Delray Rocks, paint up Delray etc., as well as being a blood donor. 3o Wagenhals benefited the Department and our City as the Master of Ceremonies at the 2003 3unior Ufeguard Regional Competition. 3o won the women's Open Surf S~,J Race at the 2003 USLA SE Regional Compei~Jon at Clearwater, FL and also placed second in the USLA National Ufeguard Championships in thewomen's open row at CapeNay, N.3. and GailVanhoveworked at most if notall our Deparb'nent's Special events the past year. ! have atl3ched copies of each candidate's statistics for your review. Each of the three Divisions nominated the top employee In their respective Division Score, Attendance, Paid and Unpaid Volunteer Hours in the Dept. and within the community, Employee SuggesMor~, Training, Certifications, Hembership in Professional CITY OF DELRI:I¥ BETICH ,D ~L ~P~Y. B ,~.CI--J ~ 100 N.W. 11t AVENUE * DELRAY BEACH, FLORIDA 33444 · 561/243-7(;?~ 499] FRON~:~Tim $~mmons, Parks Superintendent DATE: January 26, 2004 SUBJECT: Parks Division Employee of the Year Award The following three employees had the most points for the employee of the year award in the Parks Division. 1ohony Haynes has the most points for the Parks Division this year. Jolm~ Ha~a~ Equipment Op~tor I Total Points: 3,410 4.7°/5 evaluation = 470 Hours onthejob = 1,887 Paint up Delray = 25 Blood Donor (2) = 20 Volunteer Hours = 1,008 208 hours - Delray Rocks SOOhonrs - Yonth~ Vivian Mitche~, Crew Leader I Total Points: 7,~84 5% evaluation = 500 Hours on the job = 1,851 Paint up Delmy = 25 Volunteer Hours = 8 4 hours - Easter Egg Hunt 4 hours - Soul of Delray Margaret 3ohnmn, Equipment Operator I Total Points: 2,363.50 4.7OA evaluation --- 470 Hours onthejob = 1,868.50 Paint up De~ray = 25 TS/sb COpy THE EFFORT ALWAYS MATTERS .Io Wagenhals, Ocean Rescue Officer EMT 1. 4.3 x 100 = 430 2. 1972 x 1 = 1,972 3. 49x 1 =49 4. 15x1=18 5. 0 6. CPR Instructors class = 16 hours Rescue Boat Operators Coarse 40 hours 16+40 =56x 10=560 7. CPR Instructor and Rescue Boat Operator = 2 x l0 = 20 8.0 9. Had accident were she broke finger hitting debris in ocean during training. 10. Team accomplishments: Jo won the Women's Open Surf-Ski race at USLA Regionais in Clearwater (25) and Place 2na at the USLA National Lifesaving Championships in Cape May in the Women's Open Row (25). Participating in the step-up Supervisors program (50) Captain of Competition Team for USLA Regionals in Clearwater, July 2003. (50) Total = 3,199 D E LRAY B EA"C H P%kS6 Rec;da't 'n' TO: FROM: SUBJECT: DATE: Ail Parks and Recreation Employe~s Joe Weldon Director of Parks and Recreation Parks and Recreation Department Employee of the Year AWard ~ovember 28, 2000 The Parks and Recreation Deparbment is establishing a Department Employee of the Year Program. Each Division (Parks Maintenance, Ocean Rescue, and Recreation) will have one (1) Employee of the Year. Those Division employees will then vie for the Department Employee of the Year Award. Those employees in the Administration Division eligible for the award will fall under the Recreation Division for the purposes of this award. The Parks'and Recreation Department Employee of the Year Award criteria is based on the calendar year. The award will consist of a $300 cash award for the Department recipient, and $100 cash awards to the other two Division award recipients. Awards will be presented at a Department ceremony in January of 2002, and a Proclamation read at a regular City Commission. All Parks and Recreation employees are encouraged to participate in this awards program. Eligibility Ail members of the Parks and Recreation Department continuously employed during the previous calendar year, including labor and supervisory employees excepting the Director, Assistant Director, Division Superintendents and Special Events Marketing Coordinator are eligible. Award Criteria and Points System The following criteria and points have been established for this award: 1.) Annual performance evaluation percentage increase multiplied by 100. 2.) Number of days on the job during the previous year (includes vacation leave, personal holiday and FLSA days): 1 day = I point. 3.) Paid volunteer hours within the Parks and Recreation Department: hour = 1 point. 4.) Unpaid volunteer hours serving the community: 1 hour = I point. Documentation is required in. the form of a letter from the organization verifying the number of hgurs. 50 Northwest'lst ~venue · Delray:~eac h, Florida 33444 (561) 243- 7250 · Fax: (561) 243-7268 · http://www.d b'pr.'com 5.) Employee suggestiOns used to increase productivity as approved by Employee Suggestion Committee: 25 points-per occurrence. 6.) Training hours not 'required in~ job description as approved by Division Superintendent:·10 points each. ' ~ 7.) Certifications related to, but not required, by job description as approved by Division Superintendent.: l0 points eaCh. 8.) Membership in professional organizations related to job: 10 points each. Must be active in organization and attend meetings. 9.) On the job accident history - candidates must not have been charged with the responsibility for an on the job injury as determined by the Accident Review Board. 10.) Distinguished performance (examples listed) ~ Blood donor - l0 points each donation ~ United Way Campaign leader - 25 points ~ Volunteer for Paint Up Delray - 25 points ~ American Heart Association "Celebrity Bagger" 25 points ~ Annual Employee Picnic volunteer 25 points ~ Civil Service Board member - 25 points Labor Management Committee member - 25 points Industrial Accident Review Board member - 25 points Committee Chair/Officer of professional organization - 25 points Hurricane/disaster preparations 25 points Cold weather shelter volunteers 25 points Team accomplishments/awards benefiting the Department Work above and beyond the call of duty - 50 points the responsibility of each -25 points employee to make his/her Division It is Superintendent aware of their desire to participate in the Awards Program. Furthermore, employees should keep track, where possible, of their points and help keep their Division Superintendent informed of their totals and supply proper documentation. Each Division Superintendent will be responsible for selecting their Division Employee of the Year. A panel composed of the Assistant Director, Parks Superintendent, Recreation Superintendent, Ocean Rescue Superintendent and Marketing and Special Events Coordinator will select the Department Employee of the Year from the Division Employees of the Year. Please insure that every employee in your Division is given a copy of this Award notice. Jo~/Weldon, Directo~ of Parks and Recreation cc:~Joe Dragon, Assistant Director of Parks and Recreation Rich Connell, Ocean Rescue Superintendent Tim Simmons, Parks Superintendent Rodger Ribeiro, Recreation Superintendent Danielle Gallo, Marketing/Special Events Coordinator Ref:empyrawd· WHEREAS, the City of Delray Beach Parks end Recreation Department is dedicated to enriching the quality of life for community members by providing meaningful recreational opportunities in exemplary park environments; and WHEREAS, the Parks end Recreation Department held the 14th Annual Delray Beach Senior Games from February 6, 2004 through February 15, 2004 for participants over 50 years young; end WHEREAS, there were 11 athletic events, to wit, golf, tennis, track and field, swimming, health walk, basketball skills, bowling, lawn bowling, bridge, shuffleboard and table tennis; and WHEREAS, the Delray Beach 2004 Senior Games were designated an official regional qualifying site for the 2004 Florida State Senior Games; and WHEREAS, there were 300 contestants in the 2004 Senior Games, 12 of whom won 4 or more medals: Loring Holmes 10 gold medals in swimming; Ann Schmidt - 9 gold medals in swimming; Raymond Lebowitz - 5 gold medals in track and field; George McNeil 5 medals (4 gold end I silver) in track and field; Jose "Tony" Santana - 5 medals (4 gold and 1 silver) in track and field; Ed Rangel - 5 medals (3 gold in track end field and 2 gold in basketball skills); Raymond Bowies - 5 medals (3 gold end 2 silver) in swimming; Justin Langsner - 5 medals (2 gold in track end field, 1 gold and I silver in basketball skills silver, 1 gold in golf); Vivian Stirpe - 4 medals ( 1 gold in table tennis, 3 gold in swimming); David Shumaker - 4 gold medals in swimming; Martin Quinn - 4 medals (3 gold end 1 silver) in track and field; Jacob Robinson 4 medals (2 gold and I silver in track end field, 1 gold in tennis); NOW, THEREFORE, l, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim that Raymond Bowles, Loring Holmes, Justin Langsner, Raymond Lebowitz, George McNeil, Martin Quinu, Ed Rangel, Jacob Robinson, Jose "Tony" Santana, Ann Schmidt, David Shnmaker, end Vivian Stirpe are to be commended for their meny triumphs in this competition, and for their spirit end enthusiasm. IN WITNESS WHEREOF, I have hereunto set my hand end caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 16th day of March, 2004. JEFF PERLMAN MAYOR Date: March 5, 2004 AGENDA ITEM NUMBER: AGENDA RE/}UEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda When: March 16~ 2004 Description of Agenda Item (who, what, where, how much): Request issuing a Proclamation signed by the Mayor honoring multiple medal winners in the 2004 Senior Games. D.epartment Head~ ~ ~.Cx l Signature: - ~7~__~ ~1~ City Attorney Rev e~/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~/No Initials: Hold Until: Agenda Coordinator Review: Received: (if apphcable) WHEREAS, Macular Degeneration affects more than one million residents of Florida; and WHEREAS, Maculax Degeneration causes a progressive loss of central vision and is the leading cause of blindness in people over the age of 55; and WHEREAS, The Foundation Fighting Blindness is working to find the treatment and c~e for Macular Degeneration and all retinal degenerative diseases; and WHEREAS, awareness of the symptoms and problems associated with Macular Degeneration can lead to early detection and possible treatment; and WHEREAS, The Foundation Fighting Blindness is holding the third annual "Swing for Sight" golf tournament at Trump International Golf Course on March 22, 2004 to raise funds and awareness to fight Macular Degeneration and all retinal degenerative diseases. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim March 21 through March 27, 2004 as MACULAR DEGENERATION AWARENESS WEEK in the City of Delray Beach, Florida, and extend our best wishes for a successful event in support of The Foundation's efforts to conquer this dreaded disease. 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 16e~ day of March, 2004. JEFF PERLMAN MAYOR MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~A- REGULAR MEETING MARCH 16. 2004 FINAL PLAT APPROVAL/PINEAPPLE GROVE BUILDING MARCH 12, 2004 This is before the Commission to approve the final boundary plat for the Pineapple Grove Building. The property is a replat of Lots 13 through Lot 20, inclusive, together with the south thirty-seven (37) feet five (5) inches of Lot 21. The property is located on the northwest comer of N.E. 2"d Avenue (Pineapple Grove Way) and N.E. 2"d Street. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for the Pineapple Grove Building. S:\City Clerk\agenda memos\Final Plat. Pineapple Grove Building.03.16.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager 05 Mar 2004 Pineapple Grove Building Plat Agenda Request The attached agenda request is for Commission approval of the Pineapple Grove Building Plat. This property is a replat of Lots 13 through 20, inclusive, together with the south 37 feet 5 inches of Lot 21, Subdivision of Block 74 (Plat Book 11, Page 12), of the public records of Palm Beach County, Florida, in Section 16, Township 46 South, Range 43 East, City of Delray Beach. The development includes construction of a mixed-use building that contains 13 commercial tenant spaces on the first floor and 40 residential units on the second, third and fourth floors, and the construction of a two-story parking facility along the west side of the property: This property is located on the northwest corner of NE 2nd Avenue (Pineapple Grove Way) and NE 2nd Street. Enclosed is a location map and a reduced copy of the plat. This is a boundary plat therefore no additional approvals are required. If this meets with your approval, please place it on the 16 Mar 2004 Commission Agenda for approval. Thanks! enc cc TAC file S:~EngAdmin~TAC~Pineapple Grove BuildingS2004 mar 16 agenda memo.doc .... .. ; ........ _ ~ / L ~- rz z _ ~_z .... ~/~ ~ / / ~: ..... -'_._ >~ __._~ ~ _~ .~ ~ ....... . .......... . ... z ~ .... ~D 0 .......... ~ ~ , KING dR, Z ' ~ )~~~l~ll~ ~ - z z ~ qW~ST ST. -- N.E. 1ST ST ~ ~ ~ d~o ..... ~ ..... z z ~Z ~Z ATLANTIC AVENUE __J Date: 05 Mar 2004 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 16 Mar 2004 Description of Agenda Item (who, what, where, how much): Request for Commission agenda request is for Commission approval of the Pineapple Grove Building Plat. This property is a replat of Lots 13 through 20, inclusive, together with the south 37 feet 5 inches of Lot 21, Subdivision of Block 74 (Plat Book 11, Page 12), of the public records of Palm Beach County, Florida, in Section 16, Township 46 South, Range 43 East, City of Delray Beach. The development includes construction of a mixed-use building that contains 13 commercial tenant spaces on the first floor and 40 residential units on the second, third and fourth floors, and the construction of a two-story parking facility along the west side of the property. This property is located on the northwest corner of NE 2nd Avenue (Pineapple Grove Way) and NE 2na Street. Staff Recommendation: Approval Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~ No Initials: Hold Until: (if applicable) Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Pineapple Grove Building\2004 marl6 agenda.doc TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~--'-~ ,¢'~', ACCEPTANCE OF AN EASEMENT DEED AND AGREEMENT FOR SIDEWALK IMPROVEMENTS FOR JOHN REMUS SERVICES. The action requested of the City Commission is that of acceptance of a 5' sidewalk easement deed and an agreement between the City and John Remus Services to allow the deferral of a portion of required sidewalk improvements along SE 2nd Avenue associated with the construction of a 9-space parking lot. The subject property is located at the southwest corner of SE 2na Street and SE 2nd Avenue, within the CBD-RC (Central Business District - Railroad Corridor) zoning district. At its meeting of August 27, 2003, the Site Plan Review and Appearance Board (SPRAB) approved the site plan for a new 9-space parking lot and associated landscaping with the condition that a 5' right-of- way dedication be provided along SE 2'd Avenue prior to issuance of a building permit. In conjunction with the site plan, the Board approved deferral of the installation of the required sidewalk along SE 2"d Avenue provided that the owner enters into an Agreement/Covenant acceptable to the City Attorney to install the sidewalk when required by the City. The property owner has concerns that by dedicating the right-of-way, the warehouse at the southeast corner of the site will no longer comply with the 10' building setback requirement along SE 2"d Avenue, and felt it was inappropriate to install the sidewalk the entire length of the property (along SE 2"~ Ave) in conjunction with this proposal. The Development Services Management Group (DSMG), which is comprised of the City Manager and Department Heads involved with development review, determined that a 5' sidewalk easement (293.19') could be accepted in lieu of the dedication, the sidewalk should only be installed along the north half of the property (141.52') adjacent to the proposed parking lot at this time (Lot 1 Block 79, Town of Delray), and supported deferral of the balance (151.67') on Lots 21,22 and 23, Block 79, Town of Delray. The installation of sidewalks and provision of pedestrian connections are important elements of the adopted Downtown Delray Beach Master Plan, the City's Comprehensive Plan and the draft of the Osceola Park Redevelopment Plan. It is noted that under the direction of the City Commission, sidewalk deferral agreements are no longer being accepted. However, the deferral for the south portion of the sidewalk is appropriate as the proposed improvements are limited to the north half of the property and does not involve significant modifications to or redevelopment of the entire property. The attached sidewalk deferral agreement shall run with the land and be binding on the parties' heirs, assigns and successors. The City Attorney's office has reviewed and approved the attached easement deed and agreement as to form and sufficiency. The applicant agrees with staff's recommendation and has submitted the Consent Agenda Form. By motion, accept the 5' sidewalk easement deed and approve the sidewalk deferral agreement for John Remus Services for the south 151.67' of sidewalk (Lots 21, 22 and 23, Block 79, Town of Delray). Attachments: Site Plan, 5' Sidewalk Easement Deed & Sidewalk Deferral Agreement '14:22 FAX 6G12754755 ¢~T¥ ATTORNEY Git7 A~ 200 ~.W. 1~ Ave~e Florid~ party or,ha s~.o,,~ pa~: ~TH: That the paz~y of ~e flrs~ p~, for and in comideration of thc mutual promises heroin con~in~i and other ilood end veluablc considerations, cl~e~ hefcby grent, blzsabl, sell and releeae Imfn the party cftc smond pa/L, its iucces~ors and ~s~ign~, a fight of way and perpetual eesem~t for the purpose oF the cou~c6on ~ maintcn~ce of I public ,adewulk widr full md I~e right, h~-m/, ~d ~mhodty to enter ~ and to inmll and meimin ~ch aidewa~c ~ross, througri and upon or within tho followi~ d~cfl'bcd propert~ 1~ in Palm Beech OolmE/, l~'loHd~ to-wit: See Bxhibi~ "A" Coflcomi~em and cocxtmsivc with rids righl i~ the timber tight in die pray of the secoad pm'y, hs succc~m end assigns, of ingrer~ ~ld egre~s ova' md on tlmt portion of land described id~ve, to e~rec~ ~he pu~c)ee~ otth~ ca~nent, u expz~s~d herein~, Tlmt tl~ ememmt ahal! be subjmt only m those eminent, resuic~iona, conditions and ms~a-,~io~ of rc~ord. That tim psrty of the first pan agrc~s to pmvid~ for t~e mt*am ar rabordization of any and all tnartgages or liens ~nctunbcr~ this easement. Tim parly o£the fit-st part also agmm ~o ~r~ct no building or aff~t any odmr kind of consmm~i~m or improvem~a~ Upon the nbOve-d~-'fibeg prop~i¥, other than thl atoraman~ion~l ~id~*alk. Il is e~k-r~acd tl~ upon complelion of ddewalk consm~iau, all lsnds disturbed th~by u t resuk of such consmic~ion pe~nned ~c~eo~, ~ill bc rcs~orcd ~o iu original or lilte co~litlon withom expe~c ~o 'dm ~'operty owner and that once the sidewalk hm bc~ constructed U3/IO/ZO04 OU:Z~ PAX b~lZCU4(~b UIIY &[IURNEY ~ ?SZ 11~003/007 , 02/10/2004 14:22 FAX 5g12784755 CITY ^TTORN£¥ ~vva~vo required ~ ~hc par~ of h~e second pan ~hidl repair end ,~slut~in Ihe sidewalk in confm'mancc ~ i~ practices of ,n-;-~iniaS public sidewalks throu~hom ~he City, Pm~y of thc fll~ pm~ d~es hereby ~ully w~TneZ ~hc title ~o ~d I~nd mid will dc/cud the nme ai~b~st ~tc ~ cleans of ill persons whomaoeve~ claimed by. tl~ough or under it, t]~ it has I~0od fi~ht ~ lawful an~ority to ~mnt ~e above-de~'~]~l eu~nc~ and thai the same is tmer~cumbered excc~ as l,mvid~l above. Where thc comext of r. Ms F. zsemem Deed allows or pmmilz, thc same shall include u~e succe~v4 or a~igns of ~e paffies. IN WI'I'N~S WHEREOF. ~he pm'lies ~o ~his Gu~ent D~ed eo~ ~eir hands fwd scel5 Ibc and year ftut above wri~e~, W!~"NE$S #1: (name printed or PARTY OF ~ FIRST PART (n~ne printed o~ t~ped) 2 EXHIBZT ~A' Re: Legal Description for Easement Deed dated February 16, 2004, by and between Mary Z. Remus and City of Delray Beach East five feet of the following: Lots 1, 21, 22, 23, Block 79, Town of Deltas, as recorded in {~Plat Book 10, Page 1 of the Public Records of Palm Beach County, Florida ~ 000/00~ NOW, THP~R~.FORB, in wimc.~ of the above and in cor~deration ofd~ City a~n8 to waive the ~'equiremmt let the installniio~ ora sidewalk, at this ~ime, for the property Ioc,_~_e~ at: 03/10/2004 09:24 FAX §$12784755 CITY ATTORNEY + P&Z ~008/007 Lot~21~22aud2],BIo~k79~To~mo[Delray, ,aa recorded in Plat ~ook 10, Page !1 ,of the Public Records of Palm Beach County, Florida. 1. ~b~ Owner ~ to cons~u~ I fidew~]~ at its ~lc c~ md ~so, ~o~ ~c md Avenue h~f-way ab~ ~ ~bj~t ~ h m five f~t e~t, ~ a ATT~.ST: C~ 0F DELRAY B~ACH. FLORIDA Me)q~r City Cl=k Apl~ovM a~ Io form mad (Ple~ type or print name) lh/~t, Type, or $l~p ¢omn~io~/Nam~ of Nc~-,y Public Pmonally Known ~(, Ol~ Produced ldent/fieet/on ~ Type ofldeati/iesfiou Produc~; £1TY OF nELRflY BEfl[H CITY ATTORNEY'S OFFICE 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: March 10, 2004 MEMORANDUM TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Right of Entry Agreement - 118 NE 16th Court The City constructed a splitter island in front of this address as part of the work being performed for the Seacrest/DeMda Assessment District. Because of the construction of the splitter island the property owner's driveway must be modified. This agreement will allow the City, or its contractor, to enter onto the owner's property and modify the driveway. By copy of this memo to David Harden, our office requests that this item be placed on the March 16, 2004 City Commission agenda. Please call if you have any questions. Attachments CCi David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer RIGHT OF ENTRY AND LICENSE AGREEMENT FOR DRIVEWAY CONSTRUCTION AND/OR PARKING AREA MODIFICATION CONSTRUCTION PROJECT: SEACREST/DEL-IDA NEIGHBORHOOD IMPROVEMENTS - PHASE 4 PROJECT NO.: 2002-040 PARCEL ADDRESS: 118 NE 16TM Court PROPERTY OWNER: John and Gloria Litton THIS AGREEMENT entered into this d] 7i day of March, 2004, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as ("CITY"), and John and Gloria Litton, hereinafter referred to as ("OWNER"), and provides as follows: WHEREAS, the CITY desires to complete driveway construction/parking area modification and/or other modifications associated with the above-named project, which is located at the property address provided above; and, WHEREAS, in order to complete said construction/modification, it is necessary for the CITY to enter upon and perform various construction tasks on the property; and, WHEREAS, the CITY has determined that the improvements are necessary to protect the public health safety and welfare. NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing to conduct the aforesaid construction, OWNER hereby grants unto the CITY, its employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter upon said land of OWNER for the purpose of constructing/installing said improvements in accordance with the project. 1. The above-stated recitals are incorporated herein as if fully set forth herein. 2. It is agreed that the license and rights granted herein shall cease upon completion and finalization of the contract which said work is performed. The work includes construction of a driveway and/or modification of parking areas and/or other improvements onto OWNER'S property. 3. It is further agreed that upon completion and finalization' of the contract, under which said work is performed, the CITY, its employees, agents, contractors, sub-contractors, and/or assigns shall have no further maintenance responsibility for any construction performed on OWNER'S property. 3. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. This Agreement is governed by the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. WITNESSES: (Nme Printed or Typed) OWNER(S): (Name Printed or Typed) STATE OF FLORA M& The foregoing insmunent was acknowledged before me this _~day ot~l~/~]a~ . 204 by-J'~h}q'~4~tq'~.. ~tl (name of person acknowledging), who is personally known to me or who has produced ~)Oa' ~ S. (type of identification) as identification and who did (did no0 take an oath. ATTEST: By:. City Clerk Approved as to Form: By:. City Attomey Si~nfitui'e ~iqlotar~ Public- State of Florida CITY OF DELRAY BEACH, FLORIDA By: I~,YOR HEDGE .E.~2ND AVENUE PLUMOSA C 0 N C W A L TK~.17 BOOK 23 P A GE ~ ~ TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR OF PLANNINGS. ND Z(~ING SCOTT D. PAPE, SENIOR PLANNER MEETING OF MARCH 16, 2004 RESOLUTION SUPPORTING CONTINUED FEDE~L FUNDING OF BEACH RENOURISHMENT PROJECTS. The City has received notice that the United States Office of Management and Budget (OMB) has proposed that funding for all new beach projects be eliminated, that funding for on-going studies of potential new projects is reduced and, most critical to the City of Delray Beach, that all agreements for non-federal sponsors to cost share in the periodic renourishment of beach projects be nullified. The OMB proposal will undermine the on going efforts to sustain the Nation's beaches, which provide economic, recreational, storm damage reduction, and environmental benefits. The OMB proposal will leave $2 billion in unfunded projects that are vital to local economies and ecosystems. As part of the Water Resources Act of 1986, the City of Delray Beach obtained non-federal sponsor status that included a 50-year Federal participation period for beach renourishment projects. The City/Federal partnership is due to end in the year 2023 (retroactive to 1973). The City would remain responsible for the on-going renourishment projects despite the elimination of the Federal support. By motion, approve Resolution No. 27-04 supporting continued Federal funding of beach renourishment projects. Attachment: > Resolution No. 27-04 RESOLUTION NO. 27-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA URGING THE UNITED STATES HOUSE OF REPRESENTATIVES AND SENATE TO CONT1NUE TO SUPPORT BEACH RENOURISHMENT PROJECTS AND REJECT ALL EFFORTS TO WITHDRAW OR LIMIT THE FEDERAL GOVERNMENT ROLE IN THIS ENVIRONMENTAL AND ECONOMIC RESOURCE. WHEREAS, America's beaches provide vital economic, recreational, storm damage reduction, and environmental benefits to the Nation; and WHEREAS, nearly sixty percent of all Americans live within 50 miles of the Atlantic and Pacific Oceans, the Gulf of Mexico, and the five Great Lakes; and WHEREAS, the Nation's beaches are the leading tourist destination for millions of domestic and foreign visitors, providing jobs and business profits which in turn produce billions of dollars of tax revenues for the Federal government, as well as state and local governments; and WHEREAS, the Federal government has made a commitment to our Nation's beaches by partnering with state and local governments to fund on-going beach restoration projects, including periodic beach renourishment, for over sixty years. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the City of Delray Beach urges Congress to reject all efforts to withdraw from or limit the Federal government's role in our Nation's beach nourishment projects and to recognize that continued Federal support is critical to the sustained environmental and economic health of our coastal resources and communities. Section 2. That a copy of this resolution shall be provided to the members of the United States of America Congress that represent the City of Delray Beach. PASSED AND ADOPTED this day of ,2004. ATTEST: MAYOR City Clerk MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~'~ AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 16. 2004 SERVICE AUTHORIZATION #32/DAVID MILLER & ASSOCIATES. P.A. MARCH 12, 2004 This is before the City Commission to approve Service Authorization #32 with David Miller & Associates, P.A. in the amount of $15,500.00 for preliminary analysis and report preparation for the City Hall Space Study Project. Funding is available from 334-6112-519-31.30 (General Construction Fund/Engineering & Architectural). Recommend approval of Service Authorization #32 with David Miller & Associates, P.A. in the amount of $15,500.00 for preliminary analysis and report preparation for the City Hall Space Study Project. S:\City Clerk\agenda memo~\ServiceAuth.#32 David Miller,03.16.04 City Of De. lray Beach Department of Envtronmental Services M E M 0 R A N D TO: FROM: SUBJECT: David Harden, Ci~. ager Victor Majteny~, Construction Manager U M www.mydelraybeach.com CITY HALL SPACE NEEDS ANALYSIS (P/N 2004-009) Agenda Request; Service Authorization #32 to David Miller and Associates DATE: March 8, 2004 Attached for Commission approval is a Service Authorization for consulting services in conducting Phase I, parts A and B, services for the City Hall Space Study project (P/N 2004-009). Service Authorization #32 to David Miller and Associates, P.A., is for a total of $15,500.00 (this includes reimbursable expenses not to exceed $500). These two phases will include review of existing conditions, determination of current and future space needs and requirements, and the quantification of such data into a report. A copy of the Service Authorization is attached for your review. Phase I-A, Programming Services, will include but not limited to such elements as development of a questionnaire, conducting interviews, defining space requirements and space relations, and quantifying number and functional responsibilities of personnel. Phase I-B, Space Schematic/Flow Diagrams, will include determination of circulation and flow patterns, space allocations, operating functions and adjacency, and identification of special facilities and equipment. At the conclusion of Phases I-A and I-B, data compiled under this scope will be presented in a report to the City. The FY '03-'04 CIP estimated the budget for this project at $75,000.00. Staff recommends execution of Service Authorization #32 to David Miller & Associates, P.A., in the amount of $15,500.00, for consulting services in developing preliminary analysis and report preparation for the City Hall Space Study project (PN 2004-009). Funding is available from 334-6112-519-31.30, General Construction Fund/Engineering and Architectural services. cc: Richard Hasko, P.E.; Director of Environmental Services Randal Krejcarek, P.E.; City Engineer Rafael Ballestero; Dep. Dir. of Construction Carolanne Kucmerowski; City Clerks Office Agenda file; 03/16/04 Project File; 2004-016(A) S 5EngAdminXProjectsX2004~2004-009\CONTRACT~Agda Memo DMA 32.03.16.04.doc DRAFT CONSULTING SERVICE AUTHOKIZATION DATE: CITY PROJECT NO. 2004-009 SERVICE AUTHORIZATION NO. 32 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: City Hall Space Needs Analysis- Phases I A and I B This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated February, 1996 between the City of Delray Beach and David Miller & Associates, P.A. I. PROJECT DESCKIPTION. The Project is a Space Needs Analysis for City Hall, which includes the review of existing conditions, determination of current and future space needs and requirements, and the quantification of this data into a report. Future phases (I C and I D) will include detailed reviews of the existing facility and a final report outl/n/ng appropriate steps for modifications and/or additions to the physical facility. SCOPE OF SERVICES The following scope of services is developed in accordance with the Standard Agreemem for Architectural Services. Phase I - Included in this Selvice Authorization The specific portions of service include preliminary analysis and report preparation. Phases II through V- Not included in this sen6ce authorization, II1. BUDGET Phases I A Programming Services & I B Space Schematic/Flow Diagrams These phases of service axe m be provided on an hourly basis at the rates outlined in Schedule B of the Agreement (copy attached) up to fifteen thousand ($15,000.00) dollars which would not be exceeded without prior written author/zation. Reimbursable expenses will not exceed five hundred ($500.00) dollars without prior written authorization. IV. COMPLETION DATE Completion of Phases I A & I B within 120 days of acceptance by the City. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion o£the services rendered ill lite previous phase or as encompassed by the previous service authorization. If the City in its sole discretioh 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 riot commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: David Miller & Associates, P.A. Date Jeff Perlman Mayor Date David R. Miller, President Witness Witness STATE OF FLORIDA COUNTY oF The following instrument was acknowledged before mo this ~. day of ,.2004 by David R. Miller of David Miller & Associates, P.A. a Florida Corporation, on behalf of the corporation. He is personally known to hie and did not take an oath_ Signature of Person Taking Acknowledgment Signature of Aeknowledger (typed,printed,or stamped) Exhibit B Professionals Hourly Raw Salary Rates Architect Principal $ 45.67 Project Manager $ 35.0O Architect I $ 28,33 Architect II $ 23,33 tnterior Design $ 20.00 CADD Operator $18.33 Clerical $ 9.17 Engineers - Civil Principal N/A Project Manager N/A Project Engineer N/A Designer N/A CAD Drafter N/A Manual Drafter N/A Clerical N/A PLS N/A Survey Tach N/A Field Crew (3 man) N/A Field Inspector NIA Engineers - Structural {#1) Principal N/A Project Manager N/A Project Engineer N/A CAD Operator N/A Engineers - Structural (#5) Principal N/A Projec~ Manager N/A Designer N/A Draftsman N/A Engineers - MEP (#I) Principal N/A Project Engineer N/A CAD Drafting N/A Clerical N/A Engineers - MEP (#2) Principal N/A Engineer N/A Designer N/A CADD Operators N/A Clerical N/A Landscape Architects Principal Seoior Landscape Architect Computer & Professional Drafting/Support Staff N/A N/A N/A N/A Hourly Raw Salary Rates Times 3,00~ $ t50.00 $125,00 $ lO0.00 $ 85.00 $ 75.00 $ 65.00 $ 35,00 $125,00 $ 90,00 $ 65.00 $ 80.00 $ 55.00 $ 45,00 $ 35.0O $ 80.00 $ 70.0O $110,00 $ 55.00 $150.00 $120.00 $ 80,00 S 60,00 $100.00 $ 90.00 $ 75,00 $ 60.00 150.00 90.00 70.00 45.00 $ 95.00 $ 95.00 $ 50.0O $ 50.00 $ 25,0O $125.00 $ t0o.00 $ 85,00 $ 60.00 City of Delray Beach Space Needs Analysis- City Hall City Project # 2004-009 Owner Data Coordination Activities (By City) - Review and coordination of existing information - Assistance in obtaining existing as-built drawings and related data - Establish design objectives, limilations and criteria 2/19/04 Do Programming Services (By DM&A) - Develop Questionnaire - Perform Interviews - Define space requirements - Determine space relations - Quantify number and functional responsibilities of personnel - Examine flexibility and abilities to expand - Identify special equipment and systems needs - Establish site requirements as applicable - Collate responses from interviews Space Schematlc/Fiow Diagrams Services (By DM&A) - Determine circulation and flow patterns - Determine general space allocations - Determine operating functions ~ Determine adjacency - Identify special facilities and equipment - Establish flexibility and expansibility needs - Prepare Initial Report- Needs Determination Existing Facilities Surveys Services (By City & DM&A) - Researching, assembling, and determining supplemental information, including: - Perform field measurements - Review of existing design data - Analysis of existing structural capabilities - Analysis of existing mechanical capabilities - Analysis of existing electrical capabilities - Analysis of existing phone and computer capabilities Other Studies/Services (By DM&A) - Identification, assembly, review and organization of existing pertinent data ~ Quantification of data and comparison to existing - Review of existing drawings for critical inaccuracies, and the developmem of required measured drawings - Preparation of final report Agenda Item No.~ AGENDA REQUEST Date: March 8, 2004 Request to be placed on: X __ Regular Agenda __ Special Agenda Workshop Agenda When: March 16, 2004 Description of item (who, what, where, how much): Service Authorization #32 to David Miller & Associates, P.A. in the amount of $15,500.00 for consulting services in developing preliminary analysis and report preparation for the City Hall Space Study project (PIN 2004-009). This service authorization is for Phase I, part A, Programming Services, and part B, Space Schematic/Flow Diagrams Services. Funding is from 334-6112-519-31.30, General Construction Fund/Engineering and Architectural. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Service Authorization #32 to David Miller & Associates, P.~t.he~of $,~./~ Department head signature: ~.,,~t~"~--~''~- ~q/__~_~==a~ =5~- o Y; Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable) Budget Director Review (re~qu~.ed on all items involving expenditure of funds): Funding available.~,..YE~,,~/NO __ Funding alternatives--(if applicable): Account No. & Description 334-6112-519-31.30; Gen Constr. Fund/Enqineerinq & Arch. Account aalance~. ~Z~-~?2 ~z/3~( ,2/~/a~ ~ City Manager Review: /J Approved for agenda: ~"~NO ~ Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdmin~Projects~2004~2004-009\CONTRAC'i'~Agnd Req DMA 32. 03.16.04.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 16. 2004 CAN(~I.I.ATION OF CONTRACT (SAVEMORE UNDERGROUND & ELECTRICAL SUPPLY CO. MARCH 12, 2004 On October 21, 2003, the City Commission approved a bid award to Savemore Underground & Electrical Supply Co. for furnishing pipe fittings and accessories. On February 12, 2004, Savemore Underground & Electrical Supply Co. notified the City requesting withdrawal of their bid award based on the inability to supply the materials awarded to them. Staff is recommending cancellation of the contract with Savemore Underground & Electrical Supply Co. and authorization for staff to re-award these items to second lowest bidders, Ferguson Water Works, Melrose Supply, Lehman Pipe & Supply, and National Waterworks. Funding is available from various departmental operating budgets. Recommend approval of the contract cancellation with Savemore Underground & Electrical Supply Co. and the re-award to Ferguson Water Works, Melrose Supply, Lehman Pipe & Supply, and National Waterworks for furnishing pipe fittings and accessories. S:\Cit~ Clerkagenda memos\Contract Cancella6on Savemore Underground 03.16.04 MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manager Joseph Safford,~e Director March 08, 2004 DOCUMENTATION - CITY COMMISSION MEETING MARCH 16, 2004 - CANCELLATION OF CONTRACT WITH SAVEMORE UNDERGROUND & ELECTRICAL SUPPLY CO. FOR PIPE FITTINGS AND ACCESSORIES - ANNUAL CONTRACT Item Before Commission: City Commission is requested to cancel the award to Savemore Underground & Electrical Supply Co. for items awarded to them at the City Commission meeting of October 21, 2003 for pipe fittings and accessories and authorize staff to re-award these items to second low bidders. Background: City Commission at their meeting of October 21, 2003 awarded Bid #2003-52, Pipe Fittings and Accessories, Annual Contract, to various vendors. Savemore Underground & Electrical Supply Co. was awarded three (3) Groups (#2, 9 & 12) and three (3) items from Group #16, Miscellaneous Items. A letter, dated February 12, 2004, had been submitted to Purchasing from Savemore Underground and Electric Supply Co. requesting withdrawal of their award for this bid due to un-ability to supply the materials awarded to them. Purchasing had contacted the next low bidders for these items/groups and they have agreed to hold their pricing for the remainder of the contract period. I have attached copies of their approvals. Award changes are as follows: Item's/Groups Awarded to Savemore Group 16, item #212 ~ $15.87 ea. or 5 ea. ~ total of $79.35 Increase of: Next Low Bidders: National Waterworks ~ $15.95 ea. $.08 ea x 5 = or 5 ea. @ total of $79.75 $.40 Group 16, item #203 ~ $7.55 ea. or 6 ea. ~ total of $45.30 Melrose Supply ~ $9.43 ea. or 6 ea. ~ total of $56.58 $1.88 ea.x 6 = $11.28 Group 16, item #202 ~ $.75 ea. Ferguson Water Works ~ $1.40 ea. $.65 ea. x 10 = or 10 ea. ~ total of $7.50 or 10 ea. ~ total of $14.00 $6.50 Item's/Groups Awarded to Savemore Group #2 - Adapters, PVC ~ group total of $281.40 Group #9 - Nipples, PVC, Brass, Galv. @ group total of $304.64 Group #12 -Pipe Couplings ~ group total of $1,131.52 Next Low Bidders: Lehman Pipe & Plumbing. ~ group total of $311.62 Lehman Pipe & Plumbing ~ group total of $340.70 Ferguson Water Works group total of $1,253.95 Increase of: $30.22 $36.06 $122.43 Recommendation: Staff recommends the cancellation of the award to Savemore Underground Electrical Supply Co. and approval to award these items to the next low bidders as outlined above. The total estimated annual increase for this these items would be $206.89. Funding from various departments operating budgets. Attachments: Cancellation Letter From Savemore Re-award Approval Letters from Vendors 2-12-284 2:00PM FRQ~ SUPPLY P. 1 February 12, 2004 City of Delray Beach Purchasing Division 100 N.W. First Ave. Delray Beach, FI. 33~.~. Dear Jackis Ro?ney: We regret to in~rm you that we cannot supply the material stated on PO~17581. Unfortunately, we am no longer able to acquire the specific material listed up~)n that bid. We apologize for any inconveniences this m. ishitp may.have caused, and we look'forward to doing future business with you. Please withdraw our bid~2003-52. We cannot honor the bid awarded by the City Commissioners on Oct. 21, 2003. Sincerely, 5837 Dawson Street Suite D HollYWood, FI. 33023 Tel: ~954-~83-2999 Fax:954-587-3t95 AGENDAITEM NUMBER: AGENDA REQUEST Requesttobeplacedon:March16,2004 XX Consent Agenda Description of agenda item: __ Special Agenda Date: March 10, 2004 __ Workshop Agenda Cancellation of contract award to Savemore Underground & Electrical Supply Co. for items awarded to them by City Commission on October 21,2003 for the annual contract for furnishing of pipe fittings and accessories, Bid #2003-52, and re-award these items to the next Iow bidders, Ferguson Water Works, National Waterworks, Melrose Supply and Lehman Pipe & Supply. The total estimated annual increase for these items is $206.89. Funding from various departments operating budgets. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Department Head Signature:~ / / Determination of Consistency with ~_c~'flprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ ~ No Hold Until: Agenda Coordinator Review: Received: (if applicable) MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~C~ - REGUI. akR MEETING OF MARCH 16. 2004 SPECIAL EVENT REOUEST/2004 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT MARCH 12, 2004 This is before the Commission to approve a special event request from Exclusive Sports Marketing m allow the 2004 Exclusive Sports Marketing Volleyball Tottrnament to be held at the municipal beach on April 24 and 25, 2004. Details are outlined in the attached memorandum from Mr. Weldon. We have hosted this event for the past nine years and it has been very successful. Recommend approval of the special event request for the 2004 Exclusive Sports Marketing Volleyball Tournament. S:\City Clerk\agenda memos\2004Volleyball Tournament03.16.04 [ITY OF I]EUII:IY BER£H DELRAY BEACH AII-Ammica Ci~ 1993 2001 100 N.W. t$t AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM TO: FROM: SUBJECT: DATE: David Harden City Manager Joe Weldon Director of Parks and Recreation 2004 Exclusive Sports Marketing Volleyball Tournament March 3, 2004 Attached please find a request from Adam Guess of Exclusive Sports Marketing to bring their 2004 Volleyball Tournament to Delray Beach on April 24 and 25, 2004. Exclusive Sports Marketing has requested the following for the tournament which is to be held across from Sandoway Park: 1.) Center court area and 15' scaffolding towers on the beach just south of S3 as well as 25-30 ancillary volleyball courts south of this area. 2.) 10' X 10' pop-up tents for vendor display and player aid stations around center court and at spots along the beach area. 3.) Allow their event truck access to the beach Wednesday through Sunday and provide a place for overnight parking upon approval of Ocean Rescue Superintendent. Also 4 6 metered parking spaces closed by the City. 4.) Allow signage publicizing this event and sponsors on the beach. It is anticipated at this time that their sponsor will be Bud Light, a commercial beer company. 5.) Provide overnight parking for bleachers. the main equipment truck and portable 6.) Provide two sets of bleachers for seating. THE EFFORT ALWAYS MATTERS 2 7.) Exclusive sponsor radio Sports Marketing will play recorded music, music from station and do event announcing from the main staging area. 8.) Exclusive Sports Marketing will compensate our cabana service for lost revenues, if applicable. 9.) Exclusive Sports Marketing has provided us with a insurance, naming the City of Delray Beach as additional minimum of $1,000,000 liability. certificate of insured with a 10.) Exclusive Sports Marketing will donate $1,000 to the Ocean Lifeguard competition fund. 11.) Our lifeguards will collect a $5 parking fee from each participant and parking will be at Sandoway and/or Anchor Park. As you may recall, we hosted this tournament the previous nine years and they were very successful. I recommend approval for this event, and request you place it on the March 16, 2004 agenda for City Commission consideration. Please review and advise. Joe~lldon Dired~or of Parks and Recreation Attachment cc: Carolanne Kucmerowski Agenda Coordinator Rich Connell Assistant Director of Parks and Recreation Robert Taylor Ocean Rescue Superintendent JW:cp Ref:vollybal February 24, 2004 Bob Taylor Beach Supervisor City of Delray Beach 340 South Ocean Blvd. Delray Beach, Florida 33483 Mt. Bob Taylor, This letter is for the purpose of requesting permission for the Bud Light Beach Volleyball Series to one again be held in Delray Beach. We would like to bring the Series into Delray Beach on the weekend of April 24-25, 2004. Please review the Two Site plans of Sandoway Park (Approx ¼ mile south of Atlantic Ave). The Series will follow the same guidelines, land have the same set-up as was required in 2003. The tournament will consist of 25-30 beach volleyball courts with a center court area that consists ora 10'xl0' platform state and four 5'x7' scaffolding towers. There will also be an additional number of 10'xl0' "pop-up" tents set-up around the center court area ESM will also donate $1000.00 to the Delray Beach Ocean Rescue Competition Team, payable prior to setup. Also ESM will be responsible for any monetary compensation to Oceanside Cabana Services should moving cabana's for event be necessary. I look forward to working with you and the City of Delray Beach again in 2004. Please call me if you have any questions or concerns. To the Beach, Adam G. Guess Event Coordinator Bud Light Beach Volleyball Series 561-241-3801 ext. 101 fax: 561-241-3805 Adam~exclusivesport s. corn 03t02/2004 23:~8 56i2413805 ESH a~,o~,,~ PrOviding ft~e Best m EXCLUSIVE SPORTS MARKETING 1060 HOLLAND DRIV~ SUITE 3L BOCA RATON, ~LO~DA 33487 ADAM~I~,XCL~$ ]VESPO lt'r $,COM Adam .561-24~-7268 Bod I.ight ]k-ach Vo~eyball 561/241-?,801 ex,lO1 561/241-3805 Joe Wddon. r'[ PI.EA,~.E Aft~ luther discussion '~lt~ Bob T~k~, it is stated ~ ~e &~ ~ p~ F~ ~ ~e~ ~ l~t ~h Vo~y~ ~ffi ~) m~ of b~ ~e s~e ~ ~e y~ p~ ~ ~ ~ ~ &~ ~e a~ ~ ~ a five &~ p~g f~ d~ ~ ~ of ~e Feb. 24, 2004 Joe Wetdon Rich Connell Bob Taylor City of Delmy Beach 340 South Ocean Boulevard Delmy Beach, FL 33483 Gentlemen: The following is a plan of execution for Exclusive Sports Marketing's Beach Volleyball Series stop on Beautiful Delray Beach. 2004's target event site is south of Atlantic Avenue approximately I mile, adjacent to Sandoway Park. Thanks for the opportunity to bring the Olympic Medal Sport of Beach Volleyball to Delmy Beach once again in 2004. S C Beach Volleyball Series Event · 2004 marks the 13t~ Year Anniversary of this respected, grassroots program · 1st stop of the 10 event 2004 Series Schedule · 180 two-person teams participated in the 2003 event; we expect more in '04 as event does not fall on SunFest Weekend PRODUCER Exclusive Sports Marketing, Inc. (ESM) · 17 year company history 13 years producing beach volleyball events · 200+ tournaments produced in FL, C-~, SC, NC, VA, MI, TX & Bahamas since 1992 TARGET DATE Saturday & Sunday, April 24-25, 2004 · ESM set-up/breakdovm dates- begin sot-up Wedrlesday, Apd121; complete breakdown Sunday evening, April 25. Wednesday, Ap~l 21 · ESM staff & vehicles arrive at Delmy Beach at approximately 10:00am · Site walk-thru with City & Beach officials (if need be) · ESM crew unloads gear, begins 'Center Court Arena' set-up, i.e. scaffolding towers, staging, tent frames Thursday, April 22 · ESM staff arrives at beach at 8:00am · Court construction (All day) - 25-30 full sized, sand courtS · Staff secures courts & event site before leaving Friday, April 23 · ESM staff arrives at beach at 8:00am · Coud "ball catcher' & banner placement · Tent Tops set up · Layout elec~cal & stereo system · Secure site; assign security psrsormel for the night Saturday, AI~t124 · ESM staff arrives at beach at 6:00am · Teams check-in, 7:30am - 8:15am · Play begins 9:00am · Play ends between 6:00pm and 7:00pm · ESM staff secures site, assigns security personnel for the night · Awards Ceremony/Athlete Party (at Boston's in 2003), approximately 8:00pm Sunday, April 25 · ESM staff arrives at beach at 6:30am · Teams sign-in, 7:30am- 8:15am · Play begins 9:00am · Play ends between 4:00pm and 5:00pm · ESM staff will be breaking down the site (unused courts) throughout the day · All courts, tents, staging broken down by 7:00pm · Gear packed in truck by 9:00pm · ESM leaves beach at 9:30pm LOCATION Delray Beach Public Beach · Center Court Arena · Set-up on the beach just South of Lifeguard Tower S3 · West side of beach to eliminate compromise of lifeguard's ability to view swimming areas. · Ancillary Courts · 25-30 ancillary courts South of tower S3. · 10' xl0' 'Pop-Up" Tents · Are included in center court arena to house Vendor Display & Player"Aid" stations, water, officials, and uther event related personnel/materials · Will nut block the lifeguards view of the water in any manner · Tents will be secured by ESM via tension straps, rope, and plastic sand anchors Bleachers / Spectator Sitting Arrangements · ESM feels that additional dialog with City is needed to discuss these issues and the processes necessary to get them implemented. Event Stereo/PA System · ESM will play recorded music, music from the sponsor radio station, and do event annoLmcing/PA from the main staging area · Ideally, we would like to position "satellite" speakers facing South on the beach so that we can keep players informed of what is going on · Volume levels wifl be controlled; ESM would appreciate City/Beach official input with respect to this aspect of the program ESM TRUCK: PARKING · Parking for 26' event truck on AIA across from Sandoway Park · 4-6 metered perking spaces ciosad by City. · Same plan as what was appmvad in past years , Ocean Rescue will oversee · Sandoway PanX across the street from the event · Cost will be discussed with Bob Taylor of the Ufeguard management team. I~[VENT GARBAGE & TRASH MANAGEMENT · ESM will provide cans & liners for the event site · ESM staffwill remove and replace full gatt)age begs/cans throughout the event. · ESM will conduct a complete beach walk~through & final clean up on Monday morning after the event. · ESM respects the beaches we visit, and will do all we can to help maintain their integrity. ESM looks forward to seeing again and speaking with you regarding these components of the upcoming event. Please do not hesitate to call me with any questions! To The Beach, Adam G. Guess Event Coordinator Exclusive Sports Marketing Ino. 1060 Holland D~ive Suite 3L Boca Raton, FL. 33487 (561) 241- 3801 x101 Fax. (561) 241-3805 Adam~.exclusivesports.com Rand Sports & Entertainment Insurance February27,2004 To: Bob Taylor City of De[ray Beach From: Ireva Blanton RE: Exclusive Sports Marketing Mr. Taylor, In reviewing the attached Certificate of Insurance you will see that it list the policy numbers and coverages for the current year; we are in the process of renewing these policies and do not expect changes or reductions in coverage. Rand Sports & Entertainment Insttmnce would like to thank you for allowing this Certificate of Insurance as documentation of coverage so that our client, Exclusive Sports Marketing may secure their site. If you should have any questions pkase do not hesitate to call our office. Respectfully, Treva M. Blanton Claims Manager Phone: 386-672-4260 Fax: 386-672-4630 Treva. Blanton~RandSE.com ACDRD. CERTIFICATE OF LIABILITY INSURANCE = '"'= o2/27/2oo4 P~OOuc~ (386)672-4260 FAX (386)67'2-4630 TH~CE~TE~I~UED~A~T~EROFINFORb~ION Rand ~uor~cs and Entertalnm~mt Insurance, Inc. ONLY AND CON~-I~S NO RIGHTS UPON THE CERT{F{CATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 700 N. Grar~da Bird, ALTERTHECOVERAGEAFFORDEDBYTHEPOUCIESBELOW. Suite :102 Ormond Beach, FL 32~74 INSURERS AFFORDIHG COVERAGE NAIC # ~ Exclusive ~x~ts Harkettng, ThC. ~ Gulf Tnsurance Group ~060 Holland Dr~ve, Sutte 3-L ~: AIG Ltfe Zns Co Boca Raton, FL 33487 ;,su~ ~mcn~ CLP2817687 03/i3/2003 03/i3/2004 F. AC~ s A X Part~c~pant~Ltab. PGnSGHA~&ADV~URY C~N~ S 1,000,00~ X ANY AUTO '('~ -- :~-';) X ~.O,W~D .~rOS X H&NO Pi) Ded.$]..O00 ,~.~o~u~w~ $ $ $ $ WO~CGVKN~ON~ND NC?7881SO O~/tt/ZO0~ 03/t3/2004 X {m~{ A B ~c~pant AccJclent 5~8050900 03/01/20(O 03/01/20(O NfKHcal LJMt $50,000 AD&D Ltm~t $10,000. ~ristng from the eperat~m~s of the named tnsured. CERTIFICATE HOLDER Ctty of De]ray Beach Attn: ~ob Taylor 50 NH 1st Avenue De]ray Beach, FL 33444 ~ORD25(2001~) F~: (561)243-7352 CANCELLATION ~ACORD CORPORATION 11~8 IMPORTANT ff the cerUl~ate hold~ is an ADOITIONAL INSURED, the pdic~les) must be endorsed. A staterm~t on b~s oe~ficate does not o:mfer K~,;= lo the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to 0re terms and c(xtdi~ons of the Ix)~cy, certain po#c~es rnay require an endorsement. A statemenl on this ce~t#lcate does not ~ rtghts to the ce~lflcate holder In #eu of such embxsemen~s). DISCLAIMER Date: March 3, 2004 AGENDA ITEM NUMBER .~--~ AGENDA REQUEST (if applicable) Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: for Agenda: ~/No Initials: Approved Hold Until: Agenda Coordinator Review: Received: Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda V~hen: March 16~ 2004 Descriotion of Agenda Item (who, what, where.how much): Request approval to host 2004 Exclusive Sports Marketing Volleyball Tournament at our municipal beach on A~ril 24 and 25, 2004.' Exclusive Sports Marketing will donate $1,000 to our Ocean Lrfeguard Competition fund. ESM has requested center court and 15' scaffolding towers, across from Sandoway Park, 25-30 ancillary volleyball courts, 10' X 10' pop-up tents, overnight parking for main equipment truck and 2 portable bleachers. ESM will compensate Oceanside Beach Service for lost revenues, if applicable. Our lifeguards will collect a $5 parking fee from each participant. Department Head ~, ~ a ('~ Signature: /~v-~ ~ ~ \l City Attorney Revi~fRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): rlT¥ ElF DELRI1¥ BEI:IrH DELRAY BEACH lOO N W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 AII-AmerlcaCity TO: 1993 2001 FROM: DATE: MF..MORANDUM David T. Harden, City Manager obert A. Barcinski, Assistant City Manager March 9, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 11, 2004 APPROVAL SPECIAL EVENT EASTER SUNRISE SERVICE ACTION City Commission is requested to endorse the Easter Sunrise Service to be held on April 11, 2004, to grant a temporary use permit per the LDR's Section 2.3.6(H) for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar from 5:30 a.m. to 7:30 a.m., grant the use of the pavilion, and authorize staff support for traffic control, barricading, and EMS assistance. 561/243 7000 BACK~ROUND Attached is an event permit received from Reverend Richard Evans on behalf of the Delray Beach Clergy Association. Commission is requested to endorse the Easter Sunrise Service, to authorize the use of the beach pavilion and closure of South Ocean Boulevard, and to provide staff support as listed. No staff overtime costs will be incurred. Police and EMS assistance will be provided with on-duty personnel. Police officers with the assistance of volunteers will put up and take down the barricades. Although a minor event, City Commission approval is needed to obtain an FDOT permit for the closure of South Ocean Boulevard. Rt[COMM~J~IDATION Staff recommends approval of the event, the temporary use permit for the street closure, use of the pavilion, and provide staff support as requested. RAB/tas CC: Joe Weldon Lt. Geoff Williams Asst. Fire Chief William Adams Harold Bellinger Dennis Kelly Fil¢:u:sweeney/events Easter Sunrise Service Special Event 2004 THE EFFORT ALWAYS MATTERS Printed on Recycled Paper Our Purpose: We art an ecumanJcal as~ciaHon of clergy and mlaiqry pr~fessinnals, indmiv~ of aH c]~ordl~, ~lyllago~l~, il~iu~Ollal mlni~'q'icS, alld ~ wor~hlp ~ in t~e Gl~ter Delray Beach area, banded toRet#er in k, mMwill and fellowship, united in service for ~he betterment of the community. February 20, 2004 City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 3344S Arm: Robert A. Barcinskl Assistant City Manager Re: Special Event Dear Sir:. On behalf of our president and the members of the Delray Beach Clergy Association, submit the following information required under Policies and Procednres/Spevial Events. For many years our Association has sponsored the Annual Easter Sunrise Service. The service has been held at the pavilion on North Ocean Blvd. and Atlantic Ave. People gather on the side walks and the street as well as on the beach. They may begin to arrive around S:30 A.M. The time of the dart of the service is 6:30 A-M. and will conclude by 7:30 A.M. It is estimated that over one thousand people attend thin religious historic event. A collection is invited with the proceeds going to benefit those in need within the Deiray Beach area. Under II1 General Policies, Section K, we submit the following: Minor Event - Initial requirements is being submitted to the City Manager or his designee 46 days prior to the event which, in this year of 2004 falls on Sunday, April 11th. The permit(s) and all back up materials will be submitted at least 30 days prior to the event once they are received. · Site Plan: Pavilion nnd approximately SO to 75 feet from the south corner of Atlantic Avenue on North Ocean Blvd. is required for the people, many of whom bring their own chairs, to sit or stand in the street or on the sidewalk. · Parking Plan: The people have been parking their vehides wherever legally available, induding curb parking, and spaces offthe street. .Traffic Plan: Police barriers would be helphd and (L) a police or other trained non-sworn personnel presence to direct traffic off Atlantic Avenue and North Ocean Blvd. as well as to direct trafl'sc for pedestrian safety. .Maintenance/clean up plan: There usually is very little debris required following the event. NOTE: Pavilion: Electric outlet at the pavilion shorts out thereby requiring repair. The outlet is necessary for microphones and loud speakers. Location of the outlet is under the north east corner of the pavilion. Fee: (C) In as much as we fall under the category of a non-profit/charitable organization and the sponsor of this annual historic event, which, for your purposes is classified a Minor Event. ~f correct, we believe any costs to the city for a m~xi~num of two years will be waived. This is our first year of presenting to the city our proposal based on your requirements. Should you require further information, feel free to call Reverend l~vnns, President, at 4~4-S242 or myself at 637 ~.~.5S. Thank you for every consideration, President Emeritus, Delray Beach Clerg~ Association City of Delray Beach Special Event Permit Application PLEASE PRINT DELla. AY BEACH 1993 2001 Event Name/-ritle: EA<~'~-IP~ .~Ut, JR, I~.E .,~C~V~C~' Event Date(s): ,~OkJbAy Event Time(s): ~: '~ O A, M. .... Event Sponsor/Producer: b~.gC.~,'f Event Contact/Coordinator: R~V, ~I.(M~-.['2) ~X]AA.15 Name: ~tCHA~O A, Address: A~Y bE~E~W ~- 1~I~ Telephone Number: ~[~- ~ Cellular Number: E-mail Address: FG~ qlgq~b~ll~ou~h.ne.~ ~¢5 ~v~nsr~l~.~m Event Desqription/Purp?e: ~m m~-'l{~ t n~t ~; ~al+t ~ l+~r~ ~ ~ San rl~ ,~ Sponsor Catego~ (please check) Oity m Non-ProfiVCharitable ~Private Co-Sponsor- Non-Profi~Private (If Non-profit affach proof of 50~c(3) or (d)) ~ [,f~ g ~ E ent Lo tion (Describe boundaries of e e o ation): Site plan attached (Site plan required for entire event site) Event budget attached (Required for all events) Serving or selling alcoholic beverages yes yes yes no no no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) ! Event certificate of insurance attached yes PI I~ no (Required two (2) weeks prior to event naming the City as additional insured, also yes V/ no yes no required for vendors) Playing of amplified music (Waiver required) Requesting Police assistance (traffic control/security) Will supplement with private security yes (If yes, need plan attached) Requesting Emergency Medical assistance yes Requesting barricade assistance yes v/ Requesting trash removal/clean up assistance yes yes¸ Requesting trash boxes and liners yes Large stage no cover Requesting stage use (If yes, check type) Large stage covered Half small stage [] Requesting signage Type: Event sign. Banner hanging. no 'v/ no no v~ no ,/' no v/' [] Small stage [] yes Directional signs Indicate dates required (Waiver required if more than one (l) week prior to event) no no v/ Food and beverage vendors yes If yes, approximate number Health Department approval yes no v/ Other vendors~ .~ ~_ ~'~/~--;.., yes ~x* no Tents ~ ('~'~'~/'~-'~""') yes no I// (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes (If yes, type and location and copy of liability insurance required) Will the event be gated (Show on-site map) yes no / 2 Will there be fireworks or other pyrotechnics (If yes, contact Fire Marshall) Will there be cooking with compressed gas (If yes, contact Fire Marshall) yes Will you be providing port-a-lets for the event yes yes no / no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event (If yes, indicate ticket prices) Is reserved parking requested (If yes, indicate locations) Eve~tt Co ntractor'/Co.~rdinato r Please print: r~IC~(P~P.t> ,~.'~.z~t~.~ yes no yes no tx/' Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. For Staff Use Oril~ ) l Date Received~/,~/'~ ~ Site map u/' ~,,, Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage. Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval Application fee received $ 3 EASTER SUNRISE SERVICE 6:30 A.M. Sunday, April 15, 2001 Order of Worshio Prelude Call to Worship Invocation Welcome Hymn Medley I Scripture Reading Special Music Gospel Reading Special Music Sermon Offertor~ Statement and Prayer Hymn Medly II Benediction "Christ the Lord is Risen Today" "Christ Arose" Psalm 118:1-2, 14-24 Mrs. Mildred Froehlich Rev. Bonnie Williams National Church of God Rev. Neff Hickem First Baptist Church Fr. Donald Munro St. Vincent Ferrer Catholic Church Rev. Richard Evans Chaplain, Abbey Delray South Rev. James Atchison John 20:1-18 "Not Yet" "He Lives" "Because He Lives" Church of the Palms, United Church of Christ MAD DADS All-America Youth Choir Rev. Peter Johnson , Director Rev. Dan Casselberry Cason United Methodist Church Mrs. Diane Gywnn First Baptist Church Mrs. Beth House Director of Christian Education, First Presbyterian Church Rev. Nancy Norman Uni~ Church of Delray Rev. Richard Evans Chaplain, Abbey Delray South Rev. Peter Johnson, MAD DADS with Barry Silver, UDor VaDor Special Thanks to: · Printing Plus - 84 S.E. 4th Avenue, Delray Beach, for donating and printing the programs. · The Marathon Music Center in Sunshine Square at Woolbright and Federal Hwy. in Boynton Beach for the use of the sound system. · The Delray Beach Fire Department Emergency Squad · The City of Delray Beach for the use of the pavilion. · The Police Department for traffic control. ' · The Kiwanis Club of Delray Beach for receiving the offering. · Abbey Delray South for the use of their van. · All of the Clergy that participated. · Programs distributed by Mr. James Eclder & Boy Scout Troup 303 (sponsored by Concerned Citizens for the Youth of the Community). · Complementary coffee courtesy of Cason United Methodist Church. The proceeds from the Easter offering are used by the Delray Beach Clergy Association in their community ministries to serve the needy. Checks can be made payable to The Delray Clergy Association Delray Beach Clergy Association Easter Sunrise Service - 04//11/04 Event Budget City Permit Programs Sound/Music Equipment Sound Tech/Set-Up All Program Participants Coffee Ushering Service Van / Equipment Transport City Services (Police/Fire/Ambulance) TOTAL KNOWN COSTS $ 50.00 donated by Printing Plus fxee rental fi:om Marathon Music $100.00 gratis - churches & organizations complementary - Cason Methodist Church gratis - Boy Scouts and Kiwanis free use from Cason Church parishioner As per city's Special Event Policy $150.00 TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~d~ AGENDA ITEM # ~>-..T_ -REGULAR MEETING MARCH 16, 2004 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REOUEST MARCH 12, 2004 This is before the Commission for approval of two (2) subsidy awards to eligible applicants/families under the Delray Beach Renaissance Program for the following properties: · $19,235.00 for N.W. 4e~ Avenue · $10,600.00 for 819 S.E. 3'a Avenue One (1) is for acquisition rehabilitation and one (1) is for new construction. This subsidy brings the total to 158-homeowner assistance grants provided under the City Renaissance Program. Funding for the total amount of $29,835.00 for this subsidy award is available from 118-1924-554- 49.20 (Home Owner Subsidy). Recommend approval of the funding subsidy under Dekay Beach Renaissance Program as outlined above. S:\City Clerk\agenda memos\Renaissance Program03.16.04 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Debra Garcia, C. D. Specialist Lula Butler, Community Improvement Director (/~,~ March 16, 2004 Delray Beach Renaissance Program Subsidy Requests ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to two (2) eligible applicants/families under the Delray Beach Renaissance Program. This subsidy brings the total to 158 homeownership assistance grants provided under the city Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum 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 committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. The initial agreement was extended for a term of one year in 1999 and 2000 by all partners and the City Commission. A new Memorandum of Understanding beginning October 1, 2001 through September 30, 2004 was approved by all parties and the City Commission on February 19, 2002. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's parmer 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. RECOMMENDATION Staff is recommending City Commission approval to fund subsidies for two (2) eligible applicants/families of the following properties: New Construction xxx N.W. 4th Avenue $19,235.00 Acq. Rehab 819 S.E. 3rd Avenue 10,600.00 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION NO CENSUS TRACT 6~7 NAME Rhodell M. Naim PROPERTY ADDRESS 819 SE 3rd Avenue, DelrayBeach (12-43-46-21-01-009-0131) LEGAL DESCRIPTION N. 10 f~ of Lot 13 and Lot 14, Block 90sceola Park, PB 3 PG 2 % OF AREA MEDIAN HOUSEHOLD INCOME 68% FIRST MORTGAGE RATE 5.00% LTV 90.00% PROJECT/SUBSIDY BREAKDOWN COST OF PURCHASE $ 82,725.00 COST OF LOT $ N/A COST OF DEVELOPER'S FEE $ 3,500.00 Estimated Pre-paid (Lender 1003) $ 3,136.77 Estimated Closing Costs (Lender 1003) $ 3,863.30 TOTAL TRANSACTION: $ 93~225.07 F1RST MORTGAGE $ 76,000.00 TOTAL SUBSIDY $ 14,100.00 Second Mortgage $ 10,600.00 Developer's Fee $ 3,500.00 Estimated Cash To/From Borrower (Lender 1003) $ 3,125.07 NO. IN HOUSEHOLD Community Financing Consortium City of Delrav Beach (SHIP) I~.1 ............. -- ~ , WOMEN'S ~ ~ L,J CLUB ,,.,I BARR TO _ -- m l~uj u. .', k._ APT r'Y > -- __ ~ ~ CONDO ~ ~1 U I I I I I I -- - ~ -- AMERICA -- - ~ ~ ! I I I II -- ~, -- O~,~E-~. ~11~~__'~,~ S.E, 10TH ST _ ~ ~ I ~L~ ~o~ o~// //~ ~ - ~ ~o ~ ....... - N ~ 8~9 8.E. 3RD AVENUE a~ ~ O~R~ ~E~C., ~L PCN ~: ~2~3~2~0~0~3~ AMERI< :A BUILDIJ IG DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 67 NAME Judy P. Austin PROPERTY ADDRESS XXX NW 4th Avenue (12-43-46-16-01-025-0200) LEGAL DESCRIPTION: Town of Delray, Lot 20 Blk 25; PB5 Page 2 % OF AREA MEDIAN HOUSEHOLD iNCOME 62% FIRST MORTGAGE RATE 5.7500% LTV 88.000% NO. iN HOUSEHOLD PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION $ 97,000.00 COST OFLOT $ 20,000.00 COST OF EXISTiNG UNIT $ N/A COST OF DEVELOPER'S FEE $ 3,500.00 Estimated Pre-paids (Lender 1003) $ 1,097.26 Estimated Closing Costs (Lender 1003) $ 5,593.00 TOTAL TRANSACTION: FIRST MORTGAGE TOTAL SUBSIDY Second Mortgage Developer's Fee Estimated Cash To/From Borrower (Lender 1003) $ 127n190.26 $ 102,000.00 19,235.00 $ $ 15,735.00 $ 3,500.0O $ 5,955.26 Republic Bank City of Delrav Beach (SHIP) OY SCOUT TRINITY I HUT LU' ERAN CHILD -- CASON ~ -- -- METHODIST N,W. 3RD ST. -- Cl TY MARTIN LUTHER KING JR, DRIVE ~ ~ ~ ~ ~ ~ COMMUNITY -- __ z -- ~ ~__ ¢_ CENTER FIRE -- STATION -- ~ -- I TENNIS ATLANTIC AVENUE i~t~ COMPLEX HOUSE r I[ '~ ~ N - - - N.W. 4TH AVENUE TOWN OF DELRAY, LOT 20, BLOCK 85 CITY O~ DELRA¥ BEACH, FL PON #: 12.-43-46-16-01-025-0200 PLANNING & ZONING DEPARTMENT Agenda Item No.: ~ AGENDA REQUEST Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Consent Agenda Date: March 10, 2004 When: March 16, 2004 Description of item: Authorization and approval to issue subsidy to two (2) eligible applicants under the Delray Beach Renaissance Program totaling $29,835.00 Note: This applicant brings the total homeownership assistance grants provided under the Renaissance Program to date to 158. Recommendation: Staff recommends approval of the two (2) subsidy awards Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $29,835.00 Account Number: 118-1~24-554.49.20 Department Head Signature:~//~~-~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (requ~ed on all items inv l~,~f g expenditure of funds): Funding Ava~ible: ~O Funding Alternatives: (if applicable) Account No. & Descrip, tjon: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING MARCH 16. 2004 REPORT OF APPF. ALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MARCH 12, 2004 Attached is the Report of Appealable Land Use Items for the period March 8, 2004 through March 12, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\agenda memos\ apagment03.16,04 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER PA/UL DORLIN~, DIR PLANNING AND ZONING ASMIN ALLEN, PLANNER MEETING OF MARCH 16, 2004 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MARCH 8, 2004 THRU MARCH 12, 2004 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of March 8, 2004 through March 12, 2004. 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 (5 to 1, Deborah Dowd dissenting and Gary Eliopoulos absent), a revision to the master sign program to the tenant wall signs for The Esplanade Shopping Center, located at the northeast corner of Pineapple Grove Way (NE 2nd Avenue) and NE 2nd Street (221- 279 NE 2"d Avenue). B. Approved [5 to 0, Mark Gregory stepped down), a request for a color change for Federal/10 Office Complex, an approved commercial building now under construction, located south of SE 10th Street, between SE 5th Avenue (southbound Federal Highway) and SE 6th Avenue (northbound Federal Highway) C. Approved (6 to 0), a request for a color change for Prudential Florida Realty, an existing commercial building, located on the south side of East Atlantic Avenue, west of the Intracoastal Waterway (822 East Atlantic Avenue). City Commission Documentation Appealable Items Meeting of March 16, 2004 Page 2 D. Tabled (4 to 2, Roger Cope and Mayer Abbo dissenting), a Class I site plan modification associated with architectural elevation changes to install Bahama shutters and benches for the previously approved Delray Beach Public Library, located on the south side of West Atlantic Avenue, between SW 1st Avenue and SW 2nd Avenue. The Board voiced concerns with the elimination of the condition to install balconies, the design of the proposed benches, the design of the shed roof entry feature on the south elevation and lack of samples of the proposed materials and details for the southern entry feature. E. Approved (6 to 0), a Class I site plan modification associated with far..ade changes for 1215 Wallace Drive, an existing industrial building, located on the east side of Wallace Drive, north of Linton Boulevard. F. Approved with conditions (5 to 0, Dan Carter stepped down), a Class III site plan modification, landscape plan and architectural elevation plan associated with the renovation of an existing commercial building and the addition of 510 square feet of new floor area for Spa Eleven, located on the east side of North Federal Highway, approximately 156' north of Lake Avenue (1440 North Federal Highway). Concurrently the Board took the following actions: Approved a waiver request to provide a 24' wide by 4' deep maneuvering area instead of the required 24' x 6' maneuvering area. Approved a waiver request to provide a 4'8" stacking distance for the parking lot at the northwest corner of the property where 5' is required. Approved a waiver to provide a 12' 8" stacking distance for the parking lot along the south side of the property where 20' is required. Denied the waiver request to reduce the landscape strip between abutting parking tiers from 5' to 3'. Approved the waiver request to reduce the perimeter landscape buffer from 5' to 4'8" between the right-of-way and the parking lot. No Regular Meeting of the Planning and Zoning Board was held during this period. No Regular Meeting of the Historic Preservation Board was held during this period. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - MARCH 16, 2004 A. THE ESPLANADE SHOPPING CENTER B. FEDERAL/?OTH OFFICE COMPLEX C. PRUDENTIALFLORIDAREALTY D. DELRAY BEACH PUBLIC LIBRARY E. 1215 WALLACE DRIVE F. SPA ELEVEN EM D M TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ - REGULAR MEETING OF MARCH 16, 2004 AWARD OF BIDS AND CONTRACTS DATE: MARCH 12, 2004 This is before the City Commission to approve the award of the following bids: Purchase award to PVS Technologies, Inc. in the amount of $91,000.00 via the Broward County Bid #CX01244B1 for ferric chloride for use in the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). Purchase award to Otto Industries Systems in the amount of $21,930.00 for the purchase of garbage carts with lids as a sole source purchase. Funding is available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement). Contract award to PureAir Control Service, Inc. in the amount of $78,121.00 via the State of Florida SNAPS Agreement #9732149-3 for an environmental clean-up of the air conditioning system at the Police Department. Funding is available from 334-3162-541-46.10 (General Construction/Building Maintenance). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo.03.16.04 MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manager Joseph Safford,~Director March 05, 2004 SUBJECT: DOCI~IENTATION - CITY COMMISSION MEETING ~ MAR~I 3~, 2004 - PURCHASE OF FERRIC CHLORIDE FROM PVS TECHNOLOGIES FOR WATER TREATMENT PLANT Item Before Commission: City Commission is requested to approve a request for a Blanket Purchase Order with PVS Technologies Inc. for the total amount of $91,000.00 for the purchase of Ferric Chloride. Background: An on going experiment have been completed by the Water Treatment Plant for the use of ferric chloride in the water treatment plant purchased from PVS Technologies. This process has been a success and the Water Treatment Plant is now waiting for the appropriate permits from the Department of Health for the use of this ferric chloride in the water treatment plant. The Manager of the Water Treatment Plant is requesting a blanket purchase order for the remainder of this fiscal year for a total amount of $91,000 at $.58 per pound via the Broward County Agreement CX01244B1 per attached memo dated March 04, 2004. This Broward County Contract is valid till May 22, 2004. See attached award letter dated May 28, 2002 and the one year extension letter dated November 14, 2003 to PVS Technologies from Broward County Purchasing. PVS Technologies has agreed to extend this price of $.58 per pound to the City for the remainder of this calendar year per their attached memo dated February 25, 2004. Broward County is in the process of re-bidding this contract. Per my conversation with Broward County Purchasing, there is only one other vendor who supplies this product, and their product is not as consistent and pure as PVS Technologies. Recommendation: Staffrecommends approval for a blanket purchase order with PVS Technologies Inc. for the purchase of ferric chloride for use in the water treatment plant for a total amount of $91,000 for remainder of this fiscal year. Funding from account code 441-5122-536-52.21. Attachments: Memo From Manager Water Treatment Plant Memo From PVS Technologies Broward County Award Letters Broward County Bid Tab & Award Recommendation Memo Mar 04 04 ll:48a WTP LRB 5612437316 p.1 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: Jackie Rooney, Purchasing Manager John M. Bullard, Manager, W.T.P. ~ Ferric Chloride Blanket Purchase Order. March 4, 2004 www. delrayesd, com While we're in the process of negotiating to piggy back on to the Broward County contract for Ferfic Chlofide, which is currently going out to bid, could you set up a Blanket Purchase Order for the remainder of the fiscal year for $9] ,000 for PVS.Technologies. We have been told that Broward County has had a bad experience with PVS Technologies' ompetitor s product, so we can remain fairly certain that we will continue doing business with PVS. JMB/gpi U:!memox from J BullardlRooney Ferric Chloride March 04. doe Februa~25,2004 Jackie Rooney City of Delray Beach 200 SW 6* Street Dekay Beach, FL 33~.q Dear .lackie; Thank you for your time on the telephone today. Per our conversation, I am pleased to extend to the City of Delray Beach the current contract pricing received by Broward County Utilities, per the foliowi~: Product: Ferric Chloride 37% - 42% Price: $.58/Pound of Iron FOB: Delivered to the City of Dekay Beach Water Treatment Plant Package: Bulk Tank Track 45,000 pound minimum Terms: Net 30 Days Conditions: Demurrage-2 hrs. Free $50.00/hr. thereafter Weekend/holiday del. $100.00 and $150.00 Firmness: Calendar year 2004, renewable from year to year there aRer by mutual agreement. .AEaln, thank you for your time. Please feel free to contact me ifI may be of further Sincerely, PVS Technologies, Inc. CC: John Bullard - City of Delray Beach PVS TECHNOLOGIES, INC. 10900 HARPER AVENUE, DETROIT, MI 48213 (313) 571-1100 FAX 571-6765 COUNTY Pu~'chasing Division 115 S Andrews Avenue, Room 212. Fort Lauderdale, FL 33301 (954) 357-6085 FAX (954) 357-8535 January15,2003 PVS Technologies Division of PVS Chemicals, Inc Attn: Cang Mikkelson 10900 Harper Avenue Detroit, MI 48213 Fax: 313-571-6765 Reference: Contract # CXO1244B1, Ferric Chloride Potable Water Dear: Mr MikJ(elson: We hereby accept your written offer to renew the above referenced contract. This renewal is subject to all terms/conditions contained in the original contract. This contract renewal is in effect for the period beginning May 22, 2003 and ending May 22,.200~_. ' ' -- A Copy of this notice is being forwarded to the appropriate User(s). Purchase Order(s) will be placed as and when required. Thank you for your interest in doing business with Broward County. Sincerely, Ellie 0 Connell, purchasing agent II Cc: Anthony Livio, OES Josephu~ E0gelle~ion. Jr ean Graber Suzanne N. Gunzburger K/Istln D. Jacobs Ilene Llebe.~man Lori'Na'nce Parrish John E. Visit us on the lntemet: www. hroward, ocg/purchasing 02/1~/2004 ll 0{ ~AX interoffice M EMOR.ANDUM 009/014 DA1 E: 5~20~02 TO: GLENN R.,,CUMMINGS. (;PPO, DIRECTOR, PURCHASING DIVIS~ON ~['t ~[~r1~-~~¥,~-~13~81NG AGENT II, SPEc/StJPVR, PUROHA$)NG DIVISIO~,N -~ DATE OPENED: 1 21412001 THE PURCHASING AGENT AND 1 HE OFFICE OF ENVIRONMENTAL SERVICES RECOMMEND THE FOII OWING: AWARD OPEN-END CONTRACT TO SING[ E BIDDER, PVS ~r'ECHNOLOGIES, INC., FOR FERRIC CHLORIDE POTABLE WA1FR, I~ID NO. CX01244B1, IN THE ESTIMATED AMOUNT OF $127,600.00 FOR [HE OFFICE Ot ENVIRONMENTAl. ~FRVICES AND AUTHORIZE file PURCHASING DIRECTOR TO RENEW 1HE CONTRACT I: OR A ONE-YEAR PERIOD. THE INITIAL CONTRACT PERIOD SHALL ST ART ON DATE OF AWARD AND SHAU TERMINATE ONE YEAR FROM THAT DATE 2. REJECI: N/A REASON: N/A SDBE; THIS PROJECT DOES NOT CONTAIN GOAl S FOR SMALL DISADVANTAGED E~uSINESS ENTERPRISES (SDBE) BECAUSE Tile DIVISION OF EQUAL EMPLOYMENT AND SMALL BUSINESS; OPPORI-UNI~Y (DEESBO) HAS NOT CERTIFIED MINORITY VENDORS FOR THIS PRODUCT. HOWEVER, PVS TF¢;I INOLOGIES SUBMITTED A 13USINESS AFFIRMATIV~ ACI'ION PLAN WHICH WAS APPROVE[) tt¥ DEESBO. ADDITIONAL. INFORMATION: 'I HE REASON THIS NEW CONTRACT WAS PROCESSED WAS BECAUSE IHE C;LIRR[ Nl VENDOR, PVS TFCHNOLOGIES, INC., DID NOT RENEW THE GONTRAC I (C900203B1) SINCE TIIFIR COS IS HAD INCREASED 4% ON RAW MATERIAL AND 7.5% ON [RANSPORTA11ON. THE CPI INI)ICAI FS AN ~% INCREASE ON FUEl AND 5 2% INCREASE ON 'IRANSPORTATION SINCE I AST YtAR. [ lIE APRIl. 22, 2002 CtlEMICAI MARKET REPORTER INDICATES A $0.54/LB EX WORKS PRICE (EX-WORKS MEANS GOODS AVAILABLE AT THE VENDOR'5 FACIORY! WAREHOUSE w~ ~ !lOUT IHE COST OF FRANSPOR~Ar:ON) FOR THE FERRIC CHLORIDE. THF BID PRIC~' OF $0.58/LB FOR FERRIC CHLORIDE IS ~.5% MORE TllAN THE $0 54/LB CHEMICAl MARKE] REPORTER PRICE. WHEN CONSIDERING THE COST OF FUEL/TRANSPORTATION AND MATERIAl COS] INCREAS[ S SINCE THf- AWARD OF THE PREVIOUS CONTRACT, (NovE~MBER 9, 2000), THE CURRENE I~ID PRIC[ IS DEEMED FAIR AND REASONABLE. THE VENOORS THAT SUBMIttED NO BIDS ADVISED TIll ~ OII OWING; THEY COULD NOT BE COMPETITIVE DUE TO DISIANCE/EREIGHI COSI; UNABLE TO SUPPLY THE REQUIRED QUANTITY. NOTIFICATIONS OF BID AVAIl AI31LI IY ~ID RF'QUES~ PROVIDI D DECLINATIONS BID RECEIVED UZ/IS/Zg04 11 U/ kAX ~010/'014 PAG~ 2 OF 2 B~D NO. CX01244B1 FERRIC CHLORIDE POTABtE WATER MAY 20. 2002 FISCAl IMPACI: EACH i{EQUiREMENT PROCESSED AGAINS'I' THIS OPEN-END CONTRACT WILl BE FUNDED BY THE APPROPRIATE SOURCE AT THE rIME OF RELEASE. EXHIBITS: 1. F~lE NO. CX01744B1 2 BID TABULATION 3. DEFSBO RFQUIREMEN]$ MI-MO DATED NOVEMBER 8. 2001 4. DEESBO CONCIJRRENCE MF. MO DATEr,.') MARCH 6, 2002. AP P R OV.,~I:'~.~U !l'~ 0 RITY APPROW--~ ~ DISAPPROVLO [] REASON/SUGGESTION (IF DI,~APPROVED) DAT~ FORM04 REv 2121102 :2: AGENDAITEM NUMBER: AGENDA REQUEST Requesttobeplacedon:March16,2004 Date: March 05, 2004 __ Workshop Agenda XX Consent Agenda __ Special Agenda Description of agenda item: Approval for a blanket purchase order for the pumhase of ferric chloride from PVS Technologies inc. for the total amount of $91,000 for use in the Water Treatment Plant for an on going experiment via Broward County Bid #CX01244B1. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve the purchase of ferric chloride from PVS Technologies Inc. for the total of $91,000 via Broward County Bid #CXo1244B1. Funding from account code 441-5122-536-52.21. Department Head Signature: ~~-'~-~ ~,~.~ Determination of Consistency wi~Comprehensive Plan'S.'' City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items~involving expenditure of funds): Funding available: Yes ,.../" | '1 No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved (if applicable) Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manager Joseph Safford, ~ce Director March 10, 2004 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MARCH 16, 2004 PURCHASE AWARD - PURCHASE OF GARBAGE CARTS FROM OTTO INDUSTRIES Item Before Commission: The City Commission is requested to approve the purchase of garbage carts and lids from Otto Industries, Inc. for the total amount of $21,930 as a sole source pumhase. Background: The City is in need of additional garbage carts with lids. The sizes needed are 32, 68 and 95 gallon carts. These carts will have a forest green body, black lid, rubber tires and hot stamped with City Logo seal and serial numbers. See attached memo dated March November 05, 2003 from the Code Enforcement Administrator. Otto Industries, Inc. has quoted to the City a unit price of $28.00 each for 32 gallon cart, $36.00 each for the 68 gallon cart and $37.00 each for the 95 gallon cart per attached quote dated March 08, 2004. This would be a full truckload of carts and the approximate freight for the full truckload is $1,100. Otto Industries, Inc. is the original vendor the City has been using for the purchase of these carts since their initial "roll-out" in 1996. Recommendation: Staff recommends the purchase of the garbage carts with lids and freight included for the total amount of $21,930 from Otto Industries, Inc. as a sole soume purchase. Funding from account code #433-3711-534-49.35. Attachments: Memo from Director of Community Improvement Quote from Otto Industries, Inc. MelTIO To: Jackie Rooney, Purchasing Supervisor Thru: Lula Butler, Director of Community Improvement From: Richard Bauer, Code Enforcement Administrator Date: March 11, 2004 Re: Purchase Requisition for Garbage Carts Please prepare a Purchase Requisition for the following items: Quantity Manufacturer Description Price Each Total Price 160 Otto Waste Systems, LLC 32 Gallon Roll Carts $28 $4,480 300 Otto Waste Systems, LLC 68 Gallon Roll Cart $36 10,800 150 Otto Waste Systems, LLC 95 Gallon Roll Cad $37 5,550 Freight: Full Truck Load 1,100 I Total Cost $21.930 All carts to be forest green body, black lids complete with rubber wheels, axels and hot stamped City Iogos and serial numbers to start "04." Funding will be from account 433-3711-534.49.35, Cart Renewal and Replacements. I believe this item will require City Commission approval. Therefore, please submit this item for inclusion on the next regular City Commission Agenda. Attached is pre-price quote from Otto Industries, Inc., supporting the above prices. RB:mh AGENDA REQUEST Request to be placed on: March 16, 2004 Date: March 10, 2004 XX Consent Agenda __ Special Agenda __ Workshop Agenda Description of agenda item: Approve purchase award to Otto Industries, Inc. for the purchase of a full truckload of 32, 68 and 95 garlon garbage cads with lids from Otto Industries for a total amount of $21,930 as a sole source purchase. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Purchase garbage cads from Otto Industries for a total amount of $21,930 as a sole source purchase. Funding from account code 433-3711-534-49.35 (Cad Renewal & Replacement) Department Head Signature: ~,J.,~/~.-~"-~"-~'--~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Yes ,~,~ No (if applicable) Funding available: Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ D¢~ Hold Until: No Agenda Coordinator Review: Received: MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Manage~.~ Joseph Safford, Director March 11, 2004 SUBJECT: DOCUMENTATION - CTFY COMMISSION MEETING MARCH 16, 2004 - APPROVAL FOR ENVIRONMENTAL CLEANUP IN AIR CONDITIONING SYSTEM DELRAY BEACH POLICE DEPARTMENT Item Before Commission: City Commission is requested to approve award to PureAir Control Service Inc. for an environmental clean-up of the air conditioning system at the Delray Beach Police Department at a total project cost of $ 78,121. Background: In support of the Police Department current ongoing accreditation efforts, an air quality test of the main Police building was completed. PureAir Control Services Inc. was requested to do this air quality testing as they are the only environmental company in the State that is certified through the Environmental Microbiology Accredited Laboratory and in addition is certified by the Mechanical Hygiene Division, U.S. Energy Services. PureAir Control Service Inc. has submitted a quote for the total amount of $78,121 via the Snaps II State of Florida Department of Purchasing Agreement #9732149-3 per attached quote dated February 23, 2004. The total amount of project includes Option A "Replacement of fiberglass from the AHU and replace with closed cell material" at $6,016 and Option B "Perform Quality Assurance/Quality Control (Quality control assays during remediation) at $6,300. The Police Department recommends this environmental clean-up of the air-conditioning system per attached memo dated March 11, 2004 from the Administrative Services Director. Recommendation: Staff recommends approval for the clean-up of the air conditioning system at the Police Department for a total amount of $78,121 via the State of Florida SNAPS Agreement #9732149- 3 with PureAir Control Services Inc. for a total amount of $78,121. Funding from account code 334-3162-541-46.10 (Building Maintenance). Attachments: Memo from Administrative Services Director Quote from PureAir Control Services Inc. Joseph L. Schroeder Chief of Police Delray Beach Police Department 300 West Atlantic Avenue, Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 Ali-America City 1993 2001 MEMORANDUM TO: FROM: DATE: SUBJECT: Jackie Rooney Purchasing Sa ~e~.~loI David Junghan[~-~ ' Administrative Ser~s Director March 11, 2004 AGENDA REQUEST Enclosed please find our Agenda Request for the environmental clean-up of our air-conditioning system. If necessary, I can provide a copy of the complete study and the commendations from the company that conduct the inspection. The City Manager has approved the clean-up, and a copy of Mr. Safford's email to Chief Schroeder is enclosed. The Agenda Request has all of the cost information and specifics of the request. However, is you require any additional information, please contact me. LDJ/ Enclosure Serving with P.R. LD.E. Professionalism, Respect, Integrity, Diversity and Excellence DELRAY BEACH POLICE DEPARTMENT FACT SHEET DATE: PREPARED BY: February 26, 2004 David Junghans Administrative Services Director SUBJECT: ENVIRONMENTAL CLEANUP OF A/C SYSTEM The following information is provided: · The building has been occupied for 18 years, and the air-conditioning ducting system has never been cleaned during that time period. · On February 18 and 19, 2004, the PureAir Control Services Inc. in support of the Department's ongoing accreditation efforts, conducted an air quality test of the main Police building. The company is the only environmental company in the State that is certified through the Environmental Microbiology Accredited Laboratory; a nationally recognized certifying agency. Additionally, the company is certified by the Mechanical Hygiene Division, U.S. Energy Services. · While the final report is not complete, the following problems are general identified with the air-conditioning systems that have gone the length of time without cleaning; 1. Bacteria 2. Fiberglass 3. Mold 4. Insect Biodetritus 5. Dust 6. Debris · The estimated cost for the cleaning of all air handlers and the ductwork throughout the building is $65,803.00. All pricing is from a SNAPS II State of Florida Department of Purchasing aggreement, number 9732149-3. · Additionally, the company is recommending that the fiberglass in the system be replaced with a closed cell material, cost $6,016.00. Fiberglass retains moister and compounds the reoccurring mold problem in the Department. The closed cell material does not retain moister. · As a working check of the company's work and a document against any legal action, the company recommends an on going QNQC analysis of the project, cost $6,300.00. · The total cost of the project, $78,121.00 A copy of their recommendation is enclosed. As indicated in bullet number three (3), the final environmental report is not ready and will not be ready until some time during the first week in March. Problems for the Department. The company has several current national contracts they are currently working. They are interested in supporting our requirements to quickly accomplish the cleaning requirements. However, in order to meet our time sensitive requirements, they will need to know that this project is approved no later than Monday, March 1, 2004. Should you require any additional information concerning this subject, please contact me at once. INDOOR AIR QUALITY REMEDIATION QUOTE Type of Indoor Environmental Service: [] Building Diagnostics [] Environmental Laboratory [] Environmental Project Management [] Building/HVAC Remediation [] Environmental HVAC Maintenance [] Mold-Contaminated Drywall Removal [] Topical Treatment LABORATORY) EMLAP No. 102795 Prepared For: Certified SBA 8(a) Contractor Delray Beach Police Department cio Mr. David Junghans Administrative Officer 300 West Atlantic Avenue Delray Beach, FL 33444 PH: 561-243-7852 FX: 561-243-7816 Project Quote: PAC'S No. 04R-4184 (SNAPS II Agreement 9732149-3) Delray Beach Police Headquarter 300 West Atlantic Avenue Delray Beach, Florida Prepared by: PUREAIR Kevin W. McKee Director of Building Remediation Sciences Indoor Environmental Diagnostic, Environmental Laboratory and Remediation Specialists 1 (727) 572.4550 1(800) 422-7873 E-mail: laq@pureaircontrols.com Web Site: www.pureaircontrols.com Mechanical Hygiene Division: U.S. Energy Services, Inc. Mechanical License No. CAC057992 2~23~04 F:\Sales~Word~ACT Docurnents\RX Proposals~2004\pacr4184.DOC I PUREAiR' CONTROL SERVICES INC. IAQ Advisory Board *, U.S. ENERGY SERVICES · Indoor Air Qualify-Screen Test Kit (~AQ-STKFM PUREAIR® CONTROL SERVICES INC. February 23,2004 Delray Beach Police Depadment Mr. David Junghans Administrative Officer 300 West Atlantic Avenue Delray Beach, FL 33444 RE: IAQ Improvement Program: HVAC Remediation - Quality Assurance/Quality Control (QA/QC) for Delray Beach Police Headquarter, 300 West Atlantic Avenue, Delray Beach, Florida Dear Mr. Junghans: We appreciate the opportunity to provide you and the Delray Beach Police Department with professional mechanical HVAC remediation and diagnostic services, As requested, the attached contract proposal (PACS 04R-4184) has been submitted, Background: Delray Beach Police Department is concerned about the indoor air quality at Delray Beach Police Headquarter located at 300 West Atlantic Avenue, Delray Beach, Florida. The Delray Beach Police Department was built in 1987, is a 2-story, 50,000 sq. ft. facility and is serviced by seven (7) roof top units (RTUs). As part of the FDLE accreditation, the Delray Beach Police Department is performing baseline IAQ testing as well as having the air handlers and associated air conveyance systems environmentally cleaned. Scope of Work: Environmentally clean and treat seven (7) RTUs and their associated air conveyance systems. Based on the field observations and recommendations made in previous IAQ studies, preliminary recommendations to initiate the IAQ Improvement Program include: [] Environmentally Clean and Treat Air Handler Units (PACS-04R-4184) [] Environmentally Clean and Treat Air Conveyance System (PACS-04R-4184) [] Encapsulate all Exposed Fiberglass Surfaces (PACS-04R-4184) Optional: [] Remove Fiberglass Insulation Liner in the AHU and Replace with Closed Cell, i.e., Non-Porous Insulation Material (PACS-04R-4184) "indoor Air Diagnostic, Environmental Laboratory and Remediation Experts" Corporate Office 4911 Creekside Drive · Suite C * Clearwater, FL 33760 * (727) 572-4550 · Toll Free 1-800-422-7873 · FAX: (727) 572-5859 E-ma#: iaq@pureaircontrols.com * Web Site: www. pureaircontrols.com Delray Beach Police Department Mr. David Junghans February 23,2004 Page 2 The specifications for mechanical HVAC system remediation of porous and non-porous air conveyance system and QA/QC are attached. All of these remedial recommendations must be completed under strict containment specifications which includes applications to address OSHA (Labor) 29 C.F.R. regulations: [] Respiratory Protection Program: 1910.134 [] Confined Space Program: 1910.146 [] Hazard Communication Program: 1910.1200 [] Lock Out-Tag Out Program: 1910.147 An estimated budget of man-hours is noted in this proposal along with a fee schedule to professionally remediate the existing HVAC environmental deficiencies. The $60.76 per man-hour fee schedule established for the Delray Beach Police Department is based on the present SNAPS II Agreement (9732149-3) rate we have with the State of Florida. We agree to reciprocate this professional fee schedule with the Delray Beach Police Department. Details of the proposal are attached. The HVAC remediation protocols are as presented in the PACS specifications attached· Included in the services are environmental containment, cleaning and encapsulation with a polyvinyl acrylic containing Intersept. The AHU liners will be replaced with a closed cell liner. Benefits of the closed cell liner are: [] Fiberglass-free Air Handler Unit [] Retards moisture/mold due to iow transmittance vapor barrier [] Material is washable/cleanable Improved R-valve [] Increased equipment life [] Sound absorbing material [] Interior of AHU treated with a white polyvinyl acrylic containing Intersept, an EPA,registerad antimicrobic additive. A final recommendation with respect to the remediation work includes a post remediation Quality Assurance/Quality Control (QA/QC) effort to ensure all IAQ concerns have been successfully resolved. State Negotiated Agreement Pricing Schedule II (SNAPS II Agreement 9732149-3) This proposal is prepared in accordance with our agreement with the State of Florida under the SNAPS II Program. Pure Air Control Services, Inc. agrees to abide by our SNAPS II rates for Delray Beach Police Department. We look forward to working with you and Delray Beach Police Department on this important task. If you have any questions, please call me at (800) 422-7873 ext. 803. Sincero~/ Kevin W. McKee Director of Building Remediation Sciences Enclosures 2~23~04 F:\Sales\Word~ACT Documents\RX Proposals~2004\pacr4184,DOC · Corporate Office - Tampa Bay 4911 Creekside Drive · Suite C Clearwater, FL 33760 PUREAIR' CONTROL SERVICES, INC. (727) 572-4550 · Toll Free 1-800-422-7873 FAX: (727) 572-5859 E-mail: iaq@pureaircontrols, com Web Site: pureaircontrols, com QUOTE: CLIENT: DATE: SUB J: PUREAIR Mechanical Hygiene Division: U.S. Energy Services, Inc. Mechanical License No. CACO57992 Ml©roblology ACCRSDITBD/ I. ABORAIORYJ EML^P No. 102795 PACS No. 04R-4184 Delray Beach Police Department - Mr. David Junghans February 23, 2004 Air Handler, Ductwork Remediafion for Delray Beach Police Headquarter, 300 West Atlantic Avenue, Delra¥ Beach, Florida Standard Air Handler, Ductwork Remedlation Protocols: Air Handler Remediation: (Brief Description) A. HEPA Vac clean and pressure wash all interior surfaces. Clean and treat evaporator coils (See Contract): 1. Cold and/or hot water operated electric pressure washer 220 or 120 volts. 2. From 6" to 12" evaporator coils use 1200 PSI using a 15 to 60 nozzle. (Do not use solid stream nozzle) 3. Apply degreaser solution to coils (if necessary) 4. Rinse coils 5. Apply alkaline coil cleaner to all surface sides of coil 6. Inject coil cleaner at 1500 PSI using 1/10 solution to water. 7. Rinse until visibly clean 8. Apply disinfectant or antimicrobial solution to coils 9. Install new filters (provided by the Owner) in the decontaminated system prior to its return to operation. C. Replace insulation liner in AHU's with 1" Imcoa or equivalent (See Options) D. Provide continuous negative HEPA Vacuum at 2000 to 6000 CFM rate of 99.97% efficient at .3 microns. Install (if necessary) an average of 1 access door per air handler for physical and mechanical entry for professional cleaning, if necessary. Access doors to consist of 18 gauge metal with W' insulation equivalent insulation on inside door with hand type latch to tightly secure the door. F. Clean and treat areas of air handlers up to both supply and return plenums. G. Treat coils with JL disinfectant #10 or equivalent disinfectant. H. Treat interior of air handling units with Portersept, a polyvinyl acrylic which contains intersept, an EPA registered antimicrobic compound. I. Provide pressure drops across evaporator coils of each air handler before and after remediation. (Option) 2/23/04 F:\Sales\Word~ACT Documents\RX Proposals~2004~acr4184.DOC PUREAIR Mechanical Hygiene Division: U.S. Energy Services, Inc. Mechanical License No. CACO57992 Microbiology ACCREDITED/ · LABORATORYJ EMLAP No. 102795 Ductwork Remediation: (Brief Description) A. Cut and install access doors/plates in the defined ductwork, where applicable, for mechanical entry into ductwork. B. Brush interior of the defined ductwork with "Mechanical Brush Apparatus" and/or compressed air while utilizing 2000 to 6000 C.F.M. negative HEPA vacuum. C. Treat interiors of ductwork with Portersept, a polyvinyl acrylic which contains Intersept. (An EPA registered antimicrobic additive) D. Owner responsible for providing access required for entry into above-ceiling (ductwork) space with hard ceilings. Coil Cleaninq (PMP): (Brief Description) A. Remove access panels from AHU. B. Pressure wash coils treat with Alkaline coil cleaner. C. Any visible dirt-hand HEPA vacuum inside components of AHU. D. Rinse coil with J.L. Sanitizer or equivalent. Estimated System requirements: (size of system) 7 # of A.H.U.'s 2/23/04 F:~Sales\Word~ACT Documents\RX Proposals~004\pacr4184.DOC PUREAIR CONTROL SERVICES INC Mechanical Hygiene Division: U.S. Energy Services, Inc. Mechanical License No. CACO57992 Microbiology ACCREDITED] LABORATORYJ EMLAP No. 102795 Pro~ect Quote: PACS No. 04R-4184 SNAPS II State of Florida Department of Purchasing Fee SchedUle Only CLIENT: Delray Beach Police Department IAQ REMEDIATION PROJECT: Delra¥ Beach Police Headq[uarter Location Size Type of IAQ Remedlation Unit Man ~ Labor Unit Cost Total Hours Rate 1 '~ Floor South 25 - 30 Environmentally c~ean air handier and A) Ton ductwork 254 $60.76 $15,433.00 OPTION: Replace insulation in air handler with Imcoa - 200 sq. ft. $1,234.00 lSTFi°°rN°rth I 25-30 I Envir°nmentallycloanairhandleranO I I B) Ton ductwork 302 $60.76 $18,350.00 OPTION: Replace insulation in air handler with Imcoa - 200 sq, ft. $1,234.00 2r~Fl°°r I 30-35 I Envir°nmontallycleanairnandleranO I I C) Ton ductwork 312 $60.76 $18,957.00 OPTION: Replace insulation in air handler with Imcoa - 250 sq. ft. $1,542.00 Jail I 15 Ton I Environmentallyclean air handler and D). . ductwork I105 I $60.76 $6,380.00 OPTION: Replace insulation in air handler with Imcoa - 150 sq. ft. $925.00 PistolRange I 2~lon I En¥ironmentally claan air handler and E) d uctwork J 40 1560.76 $2,430.00 OPTION: Replace insulation in air handler with Imcoa - 50 sq. ft. $309.00 l't Fl°°r I 2Ton I Environmentally clean air handler and du ork 136 1566.76 $t,623.00 OPTION: Replace insulation in air handler with Imcoe - 50 sq. ft. $300.00 2~Fl°°r I 5ron I Environmentallycleanairhandlerand 0, duc ork 140 I $66.76 $2.436.°6 OPIION: Replace insulation in air handler with [mcan - 75 sq. ft. $463.00 ToT.ad. COSl $68.603.00 TOTAl. OPTIONS A: Replacement of §berglaee from the AHU and replace with ¢loeed cell material $6,0t6.00 OPTION 8: Pertorm Ouallty..~nrance I Ouallty Control {OA/QC asaay~ during mmadlatlon {e.g., particulate, pm*~uri~ation, photo ID bafore and after} $6,300.00 · See Section 3.0 in attached Mechanical AHU Remediation QA/QC specifications. 2/23/04 F:\Sales\Word~ACT Documents\RX Proposals~2004\pacr4184.DOC PUREAIR Mechanical Hygiene Division: U.S. Energy Services, Inc. Mechanical License No. CACO57992 Project Quote: PACS No. 04R-4184 CLIENT: IAQ REMEDIATION PROJECT: SNAPS II State of Florida Department of Purchasing Fee Schedule Only Delray Beach Police Department Delra¥ Beach Police Headcluarter ACOREDITEDJ LABORATORYJ EMLAP No. 102795 NOTE: A. The labor hours (LHS) required to treat each AHU may vary + depending on system configuration accessibility and coil degradation. B. Insulation Liner Replacement: Options: (1) Replace insulation liner in fan coils with 1" imcoa insulation liners at an average cost of $6.50 sq. ft. (2) Replace insulation liner in fan coils with 1" fiberglass liner at an average cost of $3.50 sq. ft. C. This contract proposal is limited to the number of AHU's and estimated linear footage of ductwork described above. Should the actual linear footage of ductwork exceed the plans and specifications provided, or exceed the estimated linear footage observed due to limited access or obstructions at the time of observation, any such additional ductwork will be charged at a per unit rate and be the subject of a change order to this agreement. We reserve the right to cease work when the estimated number of linear feet of ductwork has exceeded the proposed amount until such time an authorized Change Order has been approved. ,/ U.S. Energy Services,; Pure Air Control Services Date 2/23/04 F:\Sales\Word~ACT Documents\RX Proposals~2004\pacr4184.DOC PUREAIR iA Envlr°nmental D] CCREDITE Mechanical Hygiene Division: ~, LABORATORY,~ U.S. Energy Services, Inc. Mechanical License No. CACO57992 EMLAP No. 102795 GENERAL TERMS, CONDITIONS AND LIMITATIONS: ~ 1 Field Samples: ! This contract proposal is limited to the number of field samples and types of tests described above. Should additional field samples or testa be required, due to observations in the field, or within the discretion of PACS, you will be notified of such additional work, and if acceptable, will be charged at a per unit rate. If you decline additional recommended testing, you understand that the accuracy of the final analysis will be limited accordingly. l f2. Testina Schedule: To promote the greatest level of confidence in the report that will be provided hereunder, PACS shall determine the schedule for collection of Field Samples, attempting ; to reflect typical ambient conditions found at the premises. Delray Beach Police Department shall provide access to all areas of the premises, and make suitable arrangements for access into areas designated by Delray Beach Police Department as restricted access. Whenever possible, collection of field samples will be undertaken at mutually convenient times. 3. Site Conditibn$: ~ PACS does not specifically assume the responsibility for evaluating the HVAC system for deficiencies unless specifically described within the Scope of Work portion of this proposed contract. 1~4. Governino S~ecificafions: The collection of field samples, analysis of the same, and reports of findings undertaken for will be performed in accordance with PACS specifications as outlined herein ("PACS Specifications"). PACS Specifications shall govern and control the scope and the standard of the work to be performed, unless otherwise specifically stated in ~ this proposed contract. 5, Property: ' PACS shall not be held responsible for any damages incurred or sustained by client which are not direcfiy caused by the negligence of PACS, including, but not limited to, actions for damages brought against client by an employee, agent contractor or subcontractor of Client. PACS shall not be held responsible for the condition of, or ~ damage to, the premises or property of Client caused by violations of any applicable building, housing, electrical or mechanical codes, either existing or created by client, its employees, agents, contractors or subcontractors. Client shall indemnify and hold PACS harmless for any damages or liability to PACS related to said conditions or ~ events, and shall reimburse PACS for all costs and attorney fees expended by PACS in defending or settling such claims or enforcing the provisions of this paragraph. 6. Time For Performance: ~ PACS time for completion of performance under this proposed contract shall be subject to reasonable adjustments in the event of delay caused by any of the following: third parties, including client; delays occasioned by the owner and/or tenant of the premises; governmental entities; weather; acts of God; and war or insurrection. ~7' Site PreDarafion: Client shall take all necessary precautions and measures to ensure that PACS is provided safe and secure job conditions as established and required by governmental ~ regulations. Compliance with all regulatory safety conditions by Delray Beach Police Department is a condition precedent to performance by PACS of the work described in this proposed contract. In the absence of specific laws or regulations, client shall provide work conditions free from latent or concealed hazards, which may cause injury to persons or property performing with, or at the direction of, PACS, and client shall secure the work area to prevent theft of matedals and supplies. 8. Early Termination: In the event Delray Beach Police Department terminates this agreement, for any reason, after PACS takes action to commence performance hereunder, but pdor to completion of the Diagnostic Report, Delray Beach Police Department shall be responsible to PACS for all expenses incurred, and labor performed, under this agreement including the costs of enforcement of this agreement, and payment hereunder, as provided for in paragraph 11. ~ 9. Travel Time and Exeense~: Travel expenses are normally billed as out. of pocket expenses. The only exceptions involve per diem rates agreed upon for meals and lodging, or when government regulations necessitate such an agreement. Lodging, meals and incidental expenses will be kept reasonable and will relate to regional rates. The client will be billed the hourly rates previously described (See Professional IAQ Consulting Fee Schedule), Travel fees may reflect first class air ticket expenses. Note: Governmental Accounts-All automobile rnilea<~e exoenses, oar diem and Iodoino shall be reimbursed in accordance with Florida Statute Chapter 112.061. I~.10. Payment: Payment for services rendered are payable Net 15 from invoice date unless otherwise stipulated per authorized Contract terms and conditions. A finance charge of 1.5% per month is assessed on all amounts if payment is not received within Contract terms. Pure Air Control Services reserves the dght to invoice for 1.) Field Work - Sample Collection upon completion of field work; and 2.) Lab Support Services, Report Writing - Consultation Services upon completion of services. 11. F rcem Should PACS, its successors or assigns, have to retain the se,Mces of an attorney for the enforcement of any term, condition or stipulation of this agreement, the prevailing party shall be entitled to award of attorney fees and taxable costs incurred, including costs incurred In any bankruptcy or appellate proceedings. In the event of a dispute under the terms of this agreemen, or the services provided the parties hereto agree that venue for ega act on nst utad shall be Pinellas County Florida, where payment is to be made). All parties agree to subject themselves to the jufisd ct on of the courts in Pinellas County, Florida and waive any objection to venue iorjurisdiction. In executing this contract proposal, Delray Beach Police Department acknowledges that PACS interpretations ara based upon the results of sample analyses, taken from ecific iocations and at specific points in time. Other conditions elsewhere in the subject premises may differ from the areas tested, and such conditions are unknown, which conditions may change over time. PACS will not be responsible for the interpretation or use of this data by others developed from this diagnostic report. U,S. Energy Services/Pure Air Control Services Date 2/23/04 F:\Sales\Word~ACT Docurnents\RX Proposals~2004\pacr4184,DOC Agreement Price Schedule PURE AZR CONTROL DBA Vendor number: F 592385498 001 Sequence Description Expire Date 1 Click To View Fees ~lllr~l~ir~ Description: Pure Air Control Services, ][nc. is a medically disciplined, solution orientated, indoor air environment diagnostic and remediation firm with more than 200 million square feet of building environment experience. Services include: [E(~ Training, Building Diagnostics, Enviromental Diagnostics Laboratory and Building Remediation. Our professionals work synergistically with a mechanical hygiene division to provide a total [EC~ Solution...Health-Energy comfort. Ordering Limits: State agencies may issue single purchase orders or State Purchasing VISA card procurements up to Category ~[, and total cumulatively up to Category IV in an agreement year. Total agency-wide acquisitions during each year of the agreement shall not exceed the threshold amount for Category IV, except that acquisitions by agencies with decentralized purchasing functions shall be considered on the basis of each purchasing office that maintains full-time purchasing staff. SPURS Users Note: · Use Commodity Class: 973 and Commodity Group: 360 for this SNAPS - [! agreement. [f you require three digit Item and/or Detail levels for the Commodity Code please call (850)-488-8694. · Enter the SNAPS - I! agreement number in the "(~uote/Bid No./Contract No." field as follows: SNAPS - [! No. 9732149 -4 SNAPS State of Florida Department of Purchasing Fee Schedule Only CONTROL SERVICES Mechanical Hygiene Division: U.S. Energy Services, Inc. License #CMCAt3528 Professional IA Q Consulting Fee Schedule Fees and Conditions Effective January f, 1999 Following are rates, conditions and terms for the professional indoor air quality Inveatigatlonal services of Pure Air Control Services. Please consider the following fee schedule and conditions firm. PROFESSIONAL IAQ CONSULTING FEE SCHEDULE: DIAGNOSTIC pERSON~]EL IAQ Diagnostic IAQ Expert W'~nees IAQ Personnel Hourly SNAPS 'Dally (Except Research, Depositions end Giving Sworn Discounted Weekends or Hourly Rate Holidays) wRe ~r~ng Testimony (Hourly) (Except Weekends or Holidays) (Hourly) M.D. $200.00 $190.00 $1,500.00 $250.00 $300.00 Ph.D. $165.00 $156.75 $1,320~00 $210.00 $245.00 P.E. $150.00 $t42.50 $1,200.00 $190.00 $225.00 Mechanical $125.00 $118.75 $1,000.00 $160.00 $185.00 Engineer Principal/Senior $105.00 $99.75 $840.00 $135.00 $155.00 Management Master Science $105.00 $99.75 $840.00 $135.00 $155.00 Public Health (MSPH) Senior Level ClH $105.00 $99.75 $840.00 $135.00 $155.00 Industrial Hygienist $95.00 $90.25 $720.00 $115,00 $135.00 Building Scientist $95.00 $90.25 $760.00 $120,00 $140.00 Chemical Engineer $95.00 $90.25 $760,00 $120.00 $140.00 Field Technologist $95.00 $90.25 $840.00 $120.00 $140.00 HVAC/1AQ $85.00 $80.75 $680.00 $110.00 $125.00 Specialist CommercJal HVAC $62.00 $~8.90 $496.00 $80.00 $100.00 Technician Public Relations $60.00 $57.00 $520.00 $75.00 $95.00 Coordinator Clerical $35.00 $33.25 $280.00 $45.00 $50.00 The above fee schedule does not include travel or other expenses. (* Based on 8 hour days) Minimum chargeable rate is ~ day. HVAC/IAQ Fiber Optic Imaging Duc[werk Inspection with complete video production and photographic Imaging by HVAC/1AQ specialist. The rate sb'ucture for Fiber Optic Imaging is billed out at our Diagno~c personnel rate schedule. (A) CONTROL SERVICES ENVIRONMENTAL DIAGNOSTICS LABORATORY ~ EMPAT, 102786 LABORATORY ANALYSIS STANDARD FEE SCHEDULE' & CONSULTATION SERVICES Environmental Diagnostics Laboratory Analysis Fees: (1) ElJoaerosel~ 5. Predo~inantOmanismslderYdfmd · Bacteria-Only single stage, characterization & cluantYmfion. · Fungus or Bacteria (Total Cek3ny Count) ~2) Bulk/Wl~e Samole: 5 Predominant Organisms Identified .Fungus, characterization & qusnt~afion. .Bacteria, characterization & quanfitafion.$120.00 per sample .Both Fungus & Bacteria, characterization & qusnfitafion. .Both Fungus & Bacteria (Total Colony Count) .Thermophili~ Bacteria and Fungus .Bo~ Fungus and Bacteria w~ Tharmophilic Species (3). Le~lonella Pneumoohlla: .Detec'don .Idafl~ficatJon (4) ! Rates I per sample $90.00 $I 20.00 $35.00 $90.00 $t20.00 $175.00 $~0.00 $00.00 $200.00 $80.00 $~.$0 $114,00 $33.26 $88.60 $114,00 S163.28 $85.80 S1~0.00 $76.00 $70.00 (5)Aflemen Assay: (Immunochemicsl ~ - ELISA Method) .Mite cha-ac-~dzafion and quanfitat~e (Der p1 & Der fl) .Cat characterization and qua,d~i,~l~va (Fei dl) .Cockroach charectmizafion and qua.[;~Gve (Bleg 1 & Blag 2) -Allergen Assay (all of the above) ~,at~o~l~<~cn~gl~)Dust Mite (Der pi, Der fl), Mite Group 2 Cat (Fei (8) Endotoxln II. ALI: (7) ~ Assay (MPA) (Air-O-Cell, Burkart, etc.) .Tranapertent Adhesive Imprint (8)Particulate AnalYsis: . Gravime'~io analysis .Laser Diode Particulate analysis .Laser Diode Pa~cle (Respirebte - Differential) (9) Chemical Assay: .Totel Volatile Organic Compounds (TVOC) · Pesticides .Volitile Organic Compounds (VOC) (B) Coneultaflo~ Services: IAQ Envir. onment~l building, inve~gla'dpr~s; Phase I, Phase II, Fiber Optics per f'~ur {see pr~eesmnarme scna~u~e) In office (telephone. document review, document preparation, etc. (C) FIrM R;eeFmnse ~des[/~, Qu~lit~ - Sc4'esn Test ~ (IAQ-STK)TM Prices effec'dve January 1, 1999 Note: $95.00 $~0.28 $00.00 $57.00 $95.00 $90.26 $225.00 $213.76 $75.00 $71.25 $100.00 $gS.O0 $65.00 $61.75 S35.00 $33.26 $45.00 $42.78 $20.00 $19.00 $20.00 $19.00 Minimum haft day rotes apply. Per diem, b'ave{ and out of pocket expenses are portal to portal. Expert witm~s fees vary from above. Pure Air Control Servics~ reesrv~ t~e right to Invoice separately for 1.) Field Work - Sample Coffec'don and 2.) Lab Support Secvicss - Report Writing - Consultation servtcs~. SNAPS State of Florida Department of Purchasing Fee Schedule Only PUREAIR CONTROL SERVICES Mechanic al Hygiene Division: U.S. Energy Services, Inc. License #CMCA13525 REMEDIATION p~R,~ONNEL RATE SCHEDULE HOURLY RATE: (Average hourly rate is $62.00 per hour) Project Tech. I Tech. H HVAC/IAQ Coordinator Mechanic $75.00 $55.00 $50.00 $44.50 SNAPS Discounted, Hourly Rate: (Average hourly rate is $60.76 per hour) $73.50 $53.90 $49.00 $43.61 REMEDIATION CREW (HOURLY INCLUDED} n Negative HEPA * VAC Rated at 4000 to 6000 C.F.M. · Duct/Air Handler Access Doors (There will be a maximum allowable per project) · Antimicrobial Application * 1 Year Warranty · Degraded Ductwork/AHU Replacement Optional AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: XX Consent Agenda __ Special Agenda Date: March 11, 2004 __ Workshop Agenda When: March 16, 2004 Description of agenda item: Approval for the environment cleanup of the air-conditioning system in the Police Departments headquarters building. The cost for the cleaning of the system will is $65,803.00; this will include the cleaning of all ducting within the building, first and second floor. Additionally that amount will also include the air handlers and vents throughout the building. The company performing the work has also recommended the replacement of all fiberglass material with a closed cell material, which will reduce our reoccurring mold problem in the Department. The cost of replacing the fiberglass, $6,016.00. The company also recommends that a QA/AC analysis be conduct to document against any legal action based on environmental concems, cost of that inspections and documentation, $6,300.00. This will bring the total cost of the project to $78,121.00. Enclosed please find a copy of an email from Mr. Safford to Chief Schroeder noting the City Mangers approval, and a funding soume for the project. Account Code 334-3162-541-46.10 (Building Maint.) ORDINANCE/RESOLUTION REQUIRED: YES NO: XX Draft Attached: YES NO: XX Recommendation: Approve the Agenda~Re~uest.///'-~,~ Department Head Signsture: O-7',,/[*'x'~--k~.~.~'"/~\/~ Determination of Consistency with Compre~an: City Attomey Review/Recommendation N/A: Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes XX ~ t ~No~°"l Funding altematives: N/A ~C,r~\~';O~O-~.-. r'~,,~t,.~.,~' .~-z.~,~ ~,~.., Account Number: ~=~-~-,. ~._-b~'l> pr'z.o~,._~,~.w- rn~-~lT~,.. Account Description: Account Balance: City Manager Review: Approved for agenda:~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved P,O. # TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~JD_ PAUL OORLING, DIRECTOR OF PLANinG AND~ING NGU ENTRAN, SENIOR.LANNER __ MEETING OF MARCH 16, 2004 [ CONSIDERATION OF WAIVER REQUESTS TO LDR SECTION 4.3.4 (K) TO REDUCE THE LOT FRONTAGE, LOT WIDTH AND LOT SIZE FOR A PROPOSED LOT, LOCATED NEAR THE NORTHEAST CORNER OF S.W. 3RD STREET AND S.W. 7TM AVENUE. The subject property consists of 5 platted lots; four lots that are 25' wide by 106.04' deep and one lot that is 31.46' wide by 106.04' deep for a total combined dimension of 131.46' by 106.04'. All five lots front on S.W. 3rd Street and are owned by the Delray Beach Community Redevelopment Agency (CRA) and are currently vacant. The applicant is proposing to combine the lots to create two lots which will front on S.W. 3"~ Street and will be separated along the existing platted lot line. The proposed corner lot will measure 81.46' wide by 106.04' deep and is conforming to code. The proposed interior lot will measure 50' wide by 106.04' deep which will not comply with the R-I-A (Single Family Residential) zoning district lot standards with respect to lot frontage, lot width and lot size as further discussed in the Waiver Analysis section below. As per LDR Section 4.3.1(D), City Commission has the authority to grant relief of the following standards: LDR Section 4.3.4 (K) (Development Standards Matrix): · Reduction of required lot frontage from 60 feet to 50 feet; and, · Reduction of required lot width from 60 feet to 50 feet; and, · Reduction of required lot size from 7,500 sq. ft. to 5,300 sq. ft. Waiver Request: Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4 unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such nonconformity. The proposal involves recombination of previously platted lots. As seen on the attached reduced survey, the proposed corner lot will consist of Lots 22, 23 and 24, while the interior lot will consist of Lots 25 and 26. The interior lot will be deficient with respect to lot size, lot width and lot frontage as noted in the following table: , ~, Width Depth Lot Size Frontage Width Depth Lot Size Interior Lot~ 60' 60' 100' 7,500 sq. ft. ~ 106.04' ~ corner Lot 80' 80' 100' 7,500 sq. ft. 81.46' 81.46' 106.04' 8,639 sq. ft. Waiver Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: City Commission Documentation Meeting of March 16, 2004 Waiver Request for Lots 22-26, Block 15 Page 2 (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The lots contained within Block 15 were originally platted in 1925 as 25' wide interior lots and 33' wide corner lots. Over the course of time, the majority of these lots within this Block have been aggregated and developed as single family residences on 50' wide lots or greater. Lot widths of 50' are fairly standard in the southwest area and are substantially more common than lot widths of 60' or greater. In addition, the majority of single family residences built through the Renaissance Program have been constructed on 50' wide lots and the proposal is consistent with the surrounding development pattern. Ultimately, these lots will be developed as part of the Renaissance Program. As property values have increased in the neighborhood it has become increasingly difficult to assemble or acquire property to provide affordable housing. The waivers will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation and an approval would be granted in a similar situation. Based upon the above, it is necessary and appropriate to approve the requested waivers in order to maintain a level of consistency and affordability within the southwest neighborhood. It is noted that if the City Commission approves the waiver, a Declaration of Unity of Title must be executed and a survey filed showing the recombination of the lots. By motion, approve the waivers to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the lot frontage, lot width and lot size for a proposed lot to the dimension noted in the table above, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D) subject to the following condition: 1. That a Declaration of Unity of Title be executed and recorded and a survey filed showing the recombination of the lots. Attachments: · Location Maps · Reduced Survey S:U:)lanning & Zoning~BOARDSICITY COMMISSlON~CRA waiver request (Lets 22-26,BIk 15).doc ATLAN T AVENUE I lL 1 ST 2~D 3RD POLICE SOUTH COMPLEX COUNt( COURT HOUSE ST. SI. ST. 4TH ST. I CITY OF DELRAY BEACH, FL PLANNING ~z ZONING DEPARTM[NT WAIVER REQUEST PARCEL MAP SHOWING AGGREGATED LOTS EXISTING CONFIGURATION <~ , ]]]~ LOT LOT LOT LOT LOT I-- 22 25 24 25 26 ¢ S.W. 3RD ST. PROPOSED CONFIGURATION 81.45' 50' ~~11 ~ __L_ ~ S.W. 3RD ST. N ~ Waiver Request CITY OF OELRAY B[ACH, FL (AS to Minimum Lot Size Requirements) PLANNING · ZONING C[PARTM£NT ~ S__.W. 7TH~AVENUE__ [ITY JIF DELRfl¥ BEII[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 pE~L~Y. AIl.k,~ica City DATE: TO: MEMORANDUM March 9, 2004 City Commission David Harden, City Manager Writer's Direct Line: 561/243-7091 FROM: Susan A. Ruby, City Attorney SUBJECT: Resolution 26-04 Authorizing the Community Redevelopment Agency (CRA) to Acquire Fee Simple Title by Gift Purchase or Eminent Domain for Property Needed for Old School Square Expansion Includinq Additional Parkinq The CRA passed Resolution 04-03 regarding the aforementioned property acquisition. The attached Resolution 26-04 is a resolution of the City of Delray Beach authorizing the CRA to acquire the property in the resolution and as generally depicted in the map attached hereto. Please place this resolution on the March 16, 2004 City Commission agenda for Attachments Cc: Barbara Garito, City Clerk Diane Colonna, Director of the CRA RESOLUTION NO. 26-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City Commission of the City of Delray Beach, FIodda, created the Delray Beach Community Redevelopment Agency; and WHEREAS, pursuant to Section 163.370(1)(e)(2) and Section 163.375, Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the community redevelopment area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has been requested by Resolution No. 04-03, adopted by the Deiray Beach Community Redevelopment Agency, to authorize the acquisition in fee simple by gift, purchase or eminent domain, of certain property described therein, and WHEREAS, Section 163.370(1)(e)(2), Flodda Statutes, further provides that a community redevelopment agency may not exercise any power of eminent domain unless the exercise has been specifically approved by the governing body of the municipality which established the agency; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELI=AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach Community Redevelopment Agency is hereby authorized to acquire fee simple title by gift, purchase or eminent domain that certain property more specifically legally described as follows: Parcel 1: The West 50 feet of Lot 11, less the north 9.4 feet thereof, and the West 50 feet of Lot 12, Block 76, TOWN OF DELRAY (formerly Linton) according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 1, page Parcel 2: Lot 7, Block 76, TOWN OF DELRAY (formerly Linton) according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Flodda in Plat Book 1, page 3. Parcel 3.: Lot 1 and the North 4.06 feet of Lot 2, less the west 10 feet thereof, Block 76, TOWN OF DELRAY (formerly Linton) according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 1, page 3. Parcel 4: The South 70.64 feet of Lot 2, less the west 10 feet thereof, Block 76, TOWN OF DELRAY (formerly Linton) according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 1, page 3. Section 2. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2004. ATTEST: M A Y O R c rk OLD ~CHOOL SQUARE ATLANTIC A V E N U E N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPAR~MENT COMMUNITY REDEVELOPMENT AGENCY - PROPERTY ACQUISITION MAP - RESOLUTION 26-04 DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Interoffice Memo Susan Ruby Jurana M. Steele, Assistant Director/Controller Resolution 04-03 - OSS block properties eminent domain resolution Hi Susan - Attached please find the Old School Square block eminent domain resolution that was passed at the CRA's Febrdary 12, 2004 board meeting. Thanksl 104 West Atlantic Avenue · D~lt'ay Beach, Florida 32~.~.~. 561-276-8640 · Fax 561-276-8558 RECEIVED FEB 2 3 ClTY/ffTORNEY RESOLUTION NO. O~ -,~3~ A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY COMMISSION OF THE CITY OF DELRAY BEACH TO AUTHORIZE THE ACQUISITION IN FEE SIMPLE TITLE BY GIFT, PURCHASE OR EMINENT DOMAIN OF CERTAIN PROPERTY HEREINAFTER DESCRIBED, FINDING THAT SAID PROPERTY IS NECESSARY FOR THE PUBLIC PURPOSE OF REDEVELOPMENT IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES. WHEREAS, the Delray Beach Community Redevelopment Agency has duly adopted a Community Redevelopment Plan for the area within its jurisdiction; and WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the Community Redevelopment Agency has established goals and objectives with respect to the revitalization of the downtown business district, the expansion and enhancement of Old School Square and the providing of additional parking in the downtown Delray Beach area; and WHEREAS, on January 20, 2004, the electors of the City of Delray Beach approved a bond referendum for the expansion of Old School Square by acquiring additional land and for the construction of a parking garage to free up existing parking areas for a downtown park; and WHEREAS, the Community Redevelopment Agency has determined that it is in the public's interest to proceed with the acquisition of the properties hereinafter described by girl, purchase, or eminent domain and pursuant to Chapter 163.330, et seq., Florida Statutes being the "Community Redevelopment Act of 1969," it is appropriate to request the City of Delray Beach to authorize the Dell'ay Beach Commtmity Redevelopment Agency to exercise the power of eminent domain to the extent it determines is necessary for the said acquisition of the properties described below. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Dalray Beach Community Redevelopment Agency that: Section One: The City Commission of the City of Delray Beach is hereby requested to authorize the acquisition of the following real property legally described as follows: parcel 1: The West 50 feet of Lot 11, less the north 9.4 feet thereof, and the West 50 feet of Lot 12, Block 76, TOWN OF DELRAY (formerly Linton) according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 1, page 3. Parcel 2: Lot 7, Block 76, TOWN OF DELRAY (formerly Linton) according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 1, page 3. parcel 3: Lot I and the North 4.06 feet of LOt 2, less the west 10 feet thereof, Block 76, TOWN OF DELRAY (formerly Linton) according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 1, page 3. Parcel 4: The South 70.64 feet of Lot 2, less the west 10 feet thereof, Block 76, TOWN OF DELRAY (formerly Linton) according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 1, page 3. by giR, purchase, or eminent domain as described in Chapter 163.330, et seq., ~ being the "Community Redevelopment Act of 1969,' and Chapters 73 and 74 ~. The Delray Beach Community Redevelopment Agency shall acquire fee simple title to said property by giR, purchase, or eminent domain following the delegation of the above-described power of eminent domain. ~: The Board of Commissioners of the Community Redevelopment Agency hereby determines that it is necessary to acquire the property described above pursuant to its 2 Community Redevelopment Plan and specifically its "Block 76 and Block 84 Redevelopment" pmj~t as se~ forth therein. Section Thee: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ._/J ~___ day of~ 2004. MEMORANDUM To: From: Subject: City Commission David T. Harden, City Manager ~/~ Resolution #17-04: Proposed CRA $10,000,000 (tax exempt) and $2,000,000 (taxable) Bank Notes Date: February 23, 2004 _Backqround On February 12, 2004, the CRA Board approved Resolution #2004-02 which authorized the issuance of tax incremental redevelopment bonds in a principal amount of not to exceed twelve million ($12,000,000). In order to issue these bonds, the CRA needs authorization from the City. City Resolution #17-04 will provide this authorization. The CRA has sent out RFP's to banking institutions for the tax exempt financing of $10,000,000 for land acquisition, park and other beautification projects, traffic calming devices, public parking structures and such other public purpose projects determined by the Agency in its sole discretion. In addition, the CRA is requesting rates and terms for the refinancing of taxable debt in an amount not to exceed $2,000,000. It is estimated that the CRA will realize an estimated present values savings of $300,000 or 16% of the refunded amount. It is expected that the CRA will formally award bids and will adopt authorizing documents at their board meeting of March 25, 2004. The Finance Department will be working with the CRA and will review the results of the bids. Recommendation The Finance Department recommends approval of City resolution #17-04 which authorizes the CRA to issue bonds in an amount not to exceed $12,000,000. I concur with their recommendation. RESOLUTION NO. 17-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (THE "AGENCY") TO ISSUE TAX INCREMENT REDEVELOPMENT REVENUE BONDS, IN ONE OR MORE SERIES (THE "BONDS"), IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED TWELVE MILLION DOI,I,ARS ($12,000,000) UPON TERMS HEREINAFTER DESCRIBED; AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO DO ALL OTHER THINGS NECESSARY TO ASSIST THE AGENCY IN THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 46-85 (as amended and supplemented) enacted by the City Commission of the City of Delray Beach, Florida (the "City Commission") as the governing body of the City of Dekay Beach, Florida (the "City"), the Delray Beach Community Redevelopment Agency was created; and WHEREAS, the City Commission has been requested pursuant to the terms of Resolution No. 2004-02 adopted by the Board of Commissioners (the "Board") of the Dekay Beach Community Redevelopment Agency (the "Agency") on February 12, 2004 (the "Agency Requesting Resolution") to authorize the issuance of the Agency's Tax Increment Redevelopment Revenue Bonds, in one or more series (the "Bonds") pursuant to Section 163.385, Florida Statutes. in the aggregate principal amount of not to exceed Twelve Million Dollars ($12,000,000), said Bonds to be sold at private sale to a financial institution (the "Bond Purchaser") upon terms and conditions determined appropriate and acceptable to the Agency and consistent with the Bond Purchaser's commitment to purchase the Bonds (the "Comment"); and WHEREAS, the City Commission deems it appropriate and in the pubhc's interest to authorize and approve the issuance and sale to the Bond Purchaser of the Agency's Bonds for the purpose of funding the development and implementation of certain redevelopment projects provided for in the Agency's Community Redevelopment Plan, as the same exists from time to time and to prepay all of the Agency's Series 1999 B Bonds (Taxable) (herein, the "1999 B Bonds"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. All of the above recitals are true and correct. \\wpb-srvOl\SANFORDS\459287v05\2/23/04\17120.O10800 Resolution No. 17-04 Section 2. Section 3. Section 4. Section 5. The terms and provisions of the Commitment of the Bond Purchaser are hereby approved and accepted. That pursuant to Section 163.385, Florida Statutes, the Agency is hereby authorized to issue and sell, on a negotiated basis to the Bond Purchaser, pursuant to the terms and provisions of the Commitment of the Bond Purchaser and resolutions of the Agency reflecting the terms of such Commitment and other provisions deemed appropriate by the Agency and the Bond Purchaser, the Agency's Bonds in the aggregate principal amount of not to exceed Twelve Million Dollars ($12,000,000). Up to $2,000,000 of the Bonds is authorized to be issued on a taxable basis to prepay the 1999 B Bonds. The Agency is hereby authorized to execute in its corporate capacity, in its discretion, such documentation as it deems necessary and appropriate to complete the issuance and sale of said Bonds. The Mayor, the City Manager, the Finance Director, the Treasurer and any other proper official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. [Remainder of page intentionally left blank.] \\wpI~-SIVOI~ANFORDS~459287VOSX2/23/04\ITI2001C~00 2 Resolution No. 17-04 Section 6. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 16th day of March, 2004. CITY OF DELRAY BEACH, FLORIDA ATI'PLST: By: Ci~ Clerk By:. Mayor The foregoing resolution is hereby approved by me as to form this 16th day of March, 2004. By: City Attorney Resolution No. 17-04 DE LRAY BEACH February l9,2004 David Harden City Manager 100NW 1* Avenue Defray Beach FL 33444 RE: Resolution to Authorize CRA Issuance of Tax-Exempt Bonds Dear David, At the CRA meeting of February 11, 2004, the Board passed the attached resolution asking the City to authorize the CRA's issuance of Tax Increment Redevelopment Revenue Improvement Bonds. The principal amount requested is up to ten million dollars ($10,000,000). In addition, the resolution asks the City to authorize the issuance of up to two million ($2,000,000) in Tax Increment Redevelopment Revenue Refunding Bonds, in order to refinance existing debt. The bonds are to be sold at a private sale pursuant to the most favorable terms offered by a bank. The CRA has issued a Request for Proposals requesting bids from qualified financial institutions. The purpose of the bonds is to fund the CRA's ongoing redevelopment activities, such as: · Acquisition of property for the expansion of Old School Square · Acquisition of property to provide affordable housing in the southwest neighbothood · Acquisition of property for redevelopment projects in the West Atlantic area · Construction of improvements to change the one-way bypass pairs (NE/SE 1~ Streets) to two-way traffic Additional costs associated with the construction of improvements to NW/SW 5~ Avenue ,, Costs to prepare conceptual plans for improvements to the Federal Highway pairs · Improvements to the LaFnmce Hotel property Please have this item placed on the next available agenda for consideration by the City Commission. Diane Colonna Executive Director c: Becky O'Conner, City Treasurer 104 West Atlantic Avenue · Delray Beach, Florida 33~x.{ 561-2708640 · Fax 561-276-8558 RESOLUTION NO. 2004-__.0 2. A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA TO AUTHORIZE THE ISSUANCE OF TAX INCREMENT REDEVELOPMENT REVENUE BONDS, 1N ONE OR MORE SERIES, BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (THE "BONDS") PURSUANT TO SECTION 163.385, FLORIDA STATUTES, IN A PRINCIPAL AMOUNT OF NOT TO EXCEED TWELVE MILLION DOLLARS ($12,000,000); REQUESTING THE CITY OF DELRAY BEACH, FLORIDA TO AUTHORIZE THE PROPER OFFICIALS OF THE CITY TO DO ALL OTHER THINGS NECESSARY TO ASSIST THE AGENCY IN THE ISSUANCE OF SUCH BONDS; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida (the "City") has duly adopted its current Community Redevelopment Plan (the "Plan") for the community redevelopment area within its jurisdiction; and WHEREAS, pursuant to the Plan the Delray Beach Community Redevelopment Agency (the "Agency") has developed a redevelopment schedule for the development, implementation and refinancing of certain projects which require funding from sources beyond the currently available funds received by the Agency; and WHEREAS, in order to provide for the funding of certain projects as provided for in the Plan as the same may exist from time to time, the Agency hereby determines that it is in the public's interest to issue, in one or more series, Tax Increment Revenue Improvement Bonds in the aggregate principal amount of not to exceed Ten Million Dollars ($10,000,000) (herein, the "Tax-Exempt Bonds") and to issue its Tax Increment Revenue Refunding Bonds (Taxable) in the aggregate principal amount of not to exceed Two Million Dollars ($2,000,000) (herein, the "Taxable Bonds" and, together with the Tax-Exempt Bonds, the "Bonds") pledging its tax increment revenues for the repayment of the Bonds; and WHEREAS, the Bonds will be sold to one or more financial institutions (herein, the "Bank") providing the most favorable terms to the Agency pursuant to the conditions set forth in such Bank's commitment (the "Commitment"); and WHEREAS, the proceeds derived from the issuance of the Tax-Exempt Bonds will be used to finance certain redevelopment projects and the proceeds from the Taxable Bonds will be used to retire the Agency's outstanding Tax Increment Redevelopment Revenue Refunding and Improvement Bonds, Series 1999 B (Taxable) and pay the costs of issuing the Bonds; and WHEREAS, pursuant to Section 163.385, Florida Statutes, the City, as the governing body, may authorize by resolution or ordinance the Agency in its corporate capacity, and its discretion, to issue tax increment redevelopment revenue bonds from time to time to finance and refinance the undertaking of any community redevelopment project pursuant to its Plan and pledging the anticipated assessed valuation of the completed community redevelopment area and such other revenues as are legally available. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Delray Beach Community Redevelopment Agency that: Section One~ All of the above recitals are tree and correct. Section Two. The City Commission of the City of Delray Beach, Florida, as the governing body of the City (the "City Commission"), is hereby requested to authorize the issuance of Tax Increment Redevelopment Revenue Improvement Bonds (the "Tax-Exempt Bonds"), by the Delray Beach Community Redevelopment Agency (the "Agency") in the aggregate principal amount of not to exceed Ten Million Dollars ($10,000,000) and the issuance by the Agency of Tax Increment Redevelopment Revenue Refunding Bonds (Taxable) in the principal amount of not to exceed Two Million Dollars ($2,000,000), said Bonds to be sold at private sale pursuant to the most favorable terms offered by a Bank determined to be appropriate and acceptable to the Delray Beach Community Redevelopment Agency as evidenced by the Commitment of such Bank. Section Three: Principal and interest on the Bonds will be payable from the Agency's tax increment revenues collected pursuant to the provisions of Section 163.387, Florida Statutes. Section Four: The Commission is hereby requested to authorize the proper City officials to do all other things necessary and within their power to assist the Agency in the issuance of the Bonds. Section Six. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this 12- day of ~ ivcvct ,o~,, 2004 DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Title: C~c~ c~-~ ~:~,~ ~ [AGENCY SEAL] AGENDAITEMNUMBER: ~ Request to be placed on: X Consent Agenda When: 3/11/04 Description of agenda item: AGENDA REQUEST Date: 2/24/04 Special Agenda Workshop Agenda Approve Resolution# 17-04 which authorizes the CRA to issue tax incremental revenue tax bonds not to exceed $12,000,000, ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: X YES X YES Recommendation: Recommend the approval of Resolution # 17-04. NO NO Department Head Signature: ~~-~-~ · Determination of Consistency with Co(m~)~ehensi~ : City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: n/a Yes t~ No Funding alternatives (if applicable): Account Number: n/a Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Action' No Approved: Disapproved: P.O. # MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CIWY COMMISSIONERS CITY MANAGER~}dJ~ AGENDA ITEM # ~ ~ - REGULAR MEETING OF MARCH 16. 2004 AMENDED AND RESTATED LEASE AGREEMENT/LAKE IDA PARK DATE: MARCH 12, 2004 This is before the Commission to approve the amended and restated lease agreement between the City of Delray Beach and Palm Beach County to extend our current lease for an additional ten (10) years to be eligible for a Florida Recreation Development Assistance Program (FRDAP) grant for playground equipment at Lake Ida Park (11t" Street). Recommend approval of the amended and restated lease agreement between the City of Delray Beach and Palm Beach County for Lake Ida Park. S:\City Clerk\agenda memos\Lake Ida Park Lease Agent03.16.04 £1TY OF DELRI:IY BEACH pE, L R?~ B ,EA,~H~ 1993 2001 100 N.W. 1st AVENUE MEMORANDUM DELRAY BEACH, FLORIDA 33444 561/243-7000 TO: FROM: SUBJECT: DATE: David Harden City Manager Joe Weldon Director of Parks and Recreation Palm Beach County Lease for Lake Ida Park March 8, 2004 Attached please find a lease agreement between Palm Beach County and the City for the lease of Lake Ida Park (11th Street) to the City for 25 years. Our current lease started on June 1, 1993 and was for 25 years. The administrators of the FRDAP grant program have stated that, in order to be eligible for the grant for the playground equipment, we had to extend our lease with the County for an additional 10 years. Please place this on the March 16, 2004 agenda consideration. It is scheduled to be on the May 4, of County Commissioners' consideration. for City Commission 2004 agenda for Board J.oe~eldon Director of Parks and Recreation Attachment JW:cp Ref:pbclilse THE EFFORT ALWAYS MATTERS [ITY OF I]ELA;lY BE;IgH DELRAY ~EACH AII-AmmlcaClty 1993 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 December 4, 2003 Mr. Dermis Eshleman Palm Beach County Parks and Recreation 2700 6th Avenue South Lake Worth, FL 33461 Dear Mr. Eshleman: The City of Delray Beach has applied for a $50,000 FRDAP grant for the replacement of the playground equipment at Lake Ida Park. As you know, we started leasing Lake Ida Park from the County on June 1, 1993 for 25 years. The administrators of the FRDAP grant program have requested that, in order to be eligible for a grant for the playground equipment, we extend our lease with the County for an additional 10 years to take the full term of the lease out to the original 25 years. Evidently they are thinking that the remaining life of the lease (15 years) is insufficient in time for the life expectancy of the playground equipment. If you are in agreement, I would appreciate your beginning the process to extend the lease agreement an additional 10 years. Sincerely, ldon Director of Parks and Recreation cc: David Harden City Manager JW:cp Ref~deexlida THE EFFORT ALWAYS MATTERS Depa~uent of Parks and 2700 6th Avenue South Lake Worth, FL 33461 (561) 966-6600 IAX: (561) 642-2640 www. pbcgov, corn Palm Beach County Board o! County Commissioners i',aren T. Marcus, Chair Tony Masilo~ti, Vice Chairman Jeff Koons Warren H. Newell Mary McCarty Burr Aaronson Addle L. Greene County ~lmlnlstrator Robert Weisman *An EqUal Opportunity Affirmative Action Employer' March 3, 2004 Mr. Joe Weldon, Director Parks and Recreation Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Re: Amended and Restated Lease Agreement Dear Mr. Weldon: Pursuant to our discussions, the Palm Beach County Parks and Recreation Department will enter into an Amended and Restated Lease Agreement to provide for a twenty-five-year term. The new term should satisfy the FRDAP grant requirements for new playground equipment at Lake Ida Park. Attached are two original leases. Please have the Mayor, City Clerk, City Attorney and two witnesses sign both original leases in the space provided. I have arranged to have the Lease placed on the May 4, 2004, Board of County Commissioners Agenda for their consideration and, therefore, need the signed originals back at your earliest convenience, but no later than March 31, 2004. Should you have any questions regarding the attached lease please call Jean Matthews at 966-6652. Sincerely, Dennis L. Eshleman, Director Parks and Recreation Department DE:JM CC: Tim Granowltz, Principal Planner Palm Beach County Parks and Recreation Department David Harden, City Manager, Delray Beach, Florida PALM BEACH COUNTY AMENDED AND RESTATED LEASE AGREEMENT between PALM BEACH COUNTY A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (County) and CITY OF DELRAY BEACH A FLORIDA MUNICIPAL CORPORATION (Tenant) TABLE OF CONTENTS ARTICLE I Section 1.01 Section 1.02 Section 1.03 BASIC LEASE PROVISIONS PAGE Premises ...................................................... 2 Length of Term and Commencement Date ............................ 2 Termination of Prior Lease ......................................... 2 ARTICLE II Section 2.01 Section 2.02 Section 2.03 Section 2.04 Section 2.05 RENT Annual Rent .................................................... 2 Assessments and Personal Properly Taxes ............................ 3 Additional Rent .................................................. 3 Unpaid Fees, Holdover ........................................... 3 Accord and Satisfaction ........................................... 3 ARTICLE III Section 3.01 Section 3.02 Section 3.03 Section 3.04 Section 3.05 Section 3.06 CONDITION OF LEASED PREMISES, ALTERATIONS Acceptance of Premises by Tenant .................................. 3 Construction of Project .......................................... 3 Alterations ..................................................... 4 Construction Bonds ................................................ 4 Contractor Requirements ........................................... 4 No Liens ........................................................ 4 ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES BY Tenant Section 4.01 Section 4.02 Section 4.03 Section 4.04 Section 4.05 Section 4.06 Section 4.07 Use of Premises ................................................ 5 Waste or Nuisance .............................................. 5 Governmental Regulations ......................................... 5 Non-Discrimination ............................................... 5 Surrender of Premises ............................................ 5 Hazardous Substance .............................................. 5 Non-Discrimination .............................................. 6 ARTICLE V Section 5.01 Section 5.02 ARTICLE VI REPAIRS AND MAINTENANCE OF PREMISES Responsibility of County and Tenant ................................. 6 County's Right to Inspect .......................................... 6 UTILITIES ..................................................... 6 ARTICLE VII INSURANCE ................................................... 7 ARTICLE VIII INDEMNIFICATION .............................................. 7 ARTICLE IX DESTRUCTION OF PREMISES Section 9.01 Damage or Destruction by Fire, War or Act of God ...................... 8 ARTICLE X ASSIGNMENT AND SUBLETrlNG Section 10.01 Consent Required ............................................... 8 ARTICLE Xl DEFAULT OF TENANT Section 11.01 Default by Tenant ............................................... 8 Section 11.02 Default by County ................................................ 8 ARTICLE Xll ANNUAL BUDGETARY FUNDING .................................. 8 ARTICLE Xlll QUIET ENJOYMENT ............................................. 8 ARTICLE XlV MISCELLANEOUS Section 14.01 Entire Agreement ................................................ 9 Section 14.02 Notices ........................................................ 9 Section 14.03 Severability ................................................... 10 Section 14.04 Broker's Commission ............................................ 10 Section 14.05 Recording .................................................... 10 Section 14.06 Waiver of Jury Trial ............................................. 10 Section 14.07 Governing Law and Venue ........................................ 10 Section 14.08 Radon ....................................................... 10 Section 14.09 Time of Essence ............................................... 10 Section 14.10 Waiver, Accord and Satisfaction ................................... 10 Section 14.11 Non-exclusivity of Remedies ...................................... 10 Section 14.12 Construction ................................................... 11 Section 14.13 Incorporation by References ........................................ 11 Section 14.14 Survival ........................................................ 11 Section 14.15 Effective Date of Agreement ...................................... 11 EXHIBITS EXHIBIT "A" The Premises .................................................. 13 AGREEMENT OF LEASE THIS LEASE made and entered into, , by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County" and the CITY OF DELRAY BEACH, FLORIDA, a Florida Municipal Corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "Tenant." WITNESSETH: WHEREAS, County is the owner of certain real property as more specifically described hereinafter which Tenant desires to lease from County; and WHEREAS, County is willing to lease such property to Tenant for the use set forth hereinafter; WHEREAS, Delray Beach requested a ten year lease extension in order to qualify for a $50,000 Flodda Recreation Development Assistance Program grant to replace the existing playground equipment at Lake Ida Park. The County determined an Amended and Restated Lease Agreement was more appropriate. NOW THEREFORE, in consideration of the rents, covenants and agreements hereinafter reserved and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. In consideration of the rents, covenants and agreements hereafter reserved and contained on the part of the Tenant to be observed and performed, the County demises andleasestoTenant, andTenant rents frem Countytheappreximately2.63 acres of land legally described in Exhibit "A" attached hereto and made a part hereof (the "Premises"). Section 1.02 Length of Term and Commencement Date. This Lease shall be effective upon the Effective Date as defined hereinafter. The term of this Lease shall commence upon the Effective Date (the "Commencement Date"), and shall extend for a period of twenty-five (25) years thereafter (the "Term"), unless sooner terminated pursuant to the provisions of this Lease. The term of this Lease may be modified or extended with the mutual consent of the parties. Section 1.03 Termination of Prior Lease. Tenant currently leases property from Palm Beach County known as Lake Ida 11~ Street Park under Lease Agreement R93-679D hereafter (LEASE R93-679D). The existing lease shall terminate upon the Commencement Date of this Amended and Restated Lease. Tenant and County shall in all respects remain subject to the terms and conditions of LEASE R93-679D until such time as the Amended and Restated Lease commences. ARTICLE II RENT Section 2.01 Annual Rent. Tenant shall pay County an annual net Rent of Ten ($10.00) Dollars (the "Annual Rent"), payable without notice on the Commencement Date and each subsequent anniversary thereof. Rent shall be made payable to the Palm Beach County Board of County Commissioners and shall be delivered to the Palm Beach County Parks and Recreation Department, Fiscal Manger at 2700 6th Avenue South, Lake Worth, Florida 33461. This Lease shall be what is commonly referred to as ~triple net" to County, it being understood by the parties that County shall receive the rent payable hereunder free and clear of any and all impositions, taxes, liens, charges, and expense of any nature whatsoever relating to ownership or operation of the Premises, including without limitation those relating to taxes, if any, insurance, repair, maintenance, use, care, or operation. 2 Section 2.02 Assessments and Personal Property Taxes. Tenant shall pay all sales, use or rent taxes assessed by any governmental authority against the Annual Rent and/or Additional Rent, if any, even if such tax is intended to be imposed against County. Tenant shall pay before delinquency all ad valorem and non-ad valorem taxes and assessments, whether general or special and all tangible or intangible pemonal property taxes and assessments of any kind or nature which may be levied by any governmental authority against the Premises, Tenant's leasehold interest in the Premises Tenant's Alterations or personal property located on the Premises. Section 2.03 Additional Rent. Any and all sums of money or charges required to be paid by Tenant under this Lease other than Annual Rent shall be considered "Additional Rent," whether or not the same is specifically so designated and County shall have the same rights to enforce due and timely payment by Tenant of all Additional Rent as are available to County with regards to Annual Rent. Section 2.04 Unpaid Fees, Holdover In the event Tenant fails to make timely payment of any rentals, fees, charges, and payments due and payable in accordance with the terms of this Lease within ten (10) days after same shall become due and payable, interest at the rate established from time to time by the Board of C(~unty Commissioners [currently set at one and one-half pement (1~ %) per month] shall accrue against the delinquent payment(s) from the date due until the date payment is received by County. Such interest shall constitute Additional Rent. Notwithstanding the foregoing, County shall not be prevented from terminating this Lease for default in the payment of rentals, fees, charges, and payments due to County pursuant to this Lease or from enforcing any other provisions contained herein or implied by law. In the event Tenant shall holdover, refuse or fail to relinquish possession of the Premises at the expiration or termination of this Lease, Tenant shall be liable to County for any and all damages, and in addition thereto, Tenant shall also be strictly liable to pay to County during the entire period of such holdover, double the actual fair market rental value of the Premises. Section 2.05 Accord and Satisfaction In the event Tenant pays any amount that is less than the amount stipulated to be paid under this Lease, such payment shall be considered to be made only on account of the stipulated amount. No endorsement or statement on any check or letter shall be deemed an accord and satisfaction. The County may accept any check or payment without prejudice to County's right to recover the balance due or to pursue any other remedy available to County pursuant to this Lease or under the law. ARTICLE III CONDITION OF LEASED PREMISES, ALTERATIONS Section 3.01 Acceptance of Premises by Tenant. Tenant certifies that Tenant has inspected the Premises and accepts same "As Is," in its existing condition together with any defects, latent or patent, if any, and subject to all easements, encumbrances, restrictions and matters of record. Tenant further acknowledges that County has made no representations or warranties of any nature whatsoever regarding the Premises, including, without limitation, the physical condition of the Premises, any improvements or equipment located therein, if any, or the suitability thereof for Tenant's intended use thereof. No repair work, alterations, or remodeling of the Premises is required to be done by County as a condition of this Lease. Tenant agrees to pedorm any and all work at its own cost and expense which is necessary to fully equip and maintain the Premises for the lawful use of the Premises by Tenant as specified in Section 4.01 of this Lease. Section 3.02 Construction of Project, Tenant shall be solely responsible for any and all improvements, repairs alterations or other work necessary to render the Premises suitable for Tenant's intended use. Tenant shall design and construct such improvements at Tenant's sole cost and expense, 3 in accordance with the requirements of this Lease and in full compliance with applicable building codes and zoning regulations. All of Tenant's construction and improvements shall be made and performed in a good and workmanlike manner and shall be diligently performed to completion. Section 3.03 Alterations. Tenant shall not make any improvements, additions, modifications or alterations to the Premises costing in excess of $25,000 (hereinafter collectively referred to as "Alterations"), without the prior written consent of County in each instance. Tenant shall submit detailed plans and specifications for all such Alterations to County for County's written approval prior to commencing work on same. Tenant agrees and acknowledges that ail work performed to the Premises, whether pursuant to this Section or othenNise, shall be performed and accomplished solely for the benefit of Tenant, and not for the benefit of County, such work being nevertheless subject to each and every prevision of this Lease and the Interlocal. All work done by Tenant shall be done in a good and workmanlike manner and shall be diligently prosecuted to completion strictly in accordance with the approved plans and specifications therefor. Upon giving its approval for any work or Alterations, County may specify whether the Alteration is to be removed by Tenant, at Tenant's sole cost and expense, upon the termination or expiration of this Lease. Section 3.04 Construction Bonds. Tenant shall ensure that all improvements are constructed to completion in accordance with the approved plans therefor and that all persons or entities performing work or providing materials relating to such improvements including, without limitation, all contractors, subcontractors, sub-subcontractors, laborers, materialman, suppliers and professionals, are paid in full for such services and materials. Tenant, at its sole cost and expense, shall cause to be made, executed and delivered to County prior to commencement of any improvements to the Tenant's Premises, a bond, drawn in a form and issued by a company approved by County, guaranteeing compliance by Tenant of its obligations arising hereunder. Section 3.05 Contractor Requirements. Tenant shall also require contractors to furnish for the benefit of County a payment and performance bond to County equal to the cost of the improvements and in the form required under Section 255.05, Florida Statutes. Tenant shall also require contractors to furnish satisfactory evidence of statutory Worker's Compensation insurance, comprehensive general liability insurance, comprehensive automobile insurance, and physical damage insurance on a Builder's Risk form with the interest of County endorsed thereon, in such amounts and in such manner as County may reasonably require. County may require additional insurance for any alterations or improvements approved hereunder, in such amount as County reasonable determines to be necessary. Section 3.06 No Liens. Tenant covenants and agrees that nothing contained in this Lease shall be construed as consent by County to subject the estate of County to liability under the Construction Lien Law of the State of Florida, it being expressly undemtood that County's estate shall not be subject to such liability. Tenant shall notify any and all parties or entities performing work or providing materials relating to any improvements made by Tenant of this provision of this Lease. If so requested by County, Tenant shall file a notice satisfactory to County in the Public Records of Palm Beach County, Florida stating that County's interest shall not be subject to liens for improvements made by Tenant. In the event that a construction lien is filed against the Tenant's Premises or other County property in connection with any work performed by or on behalf of Tenant, Tenant shall satisfy such claim, or transfer same to security, within 10 days from the date of filing. In the event that Tenant fails to satisfy or transfer such claim within said 10 day period, County may do so and thereafter charge Tenant, and Tenant shall promptly pay to County upon demand, as Additional Rent, all costs incurred by County in connection with the satisfaction or transfer of such claim, including attorney's fees. Further, Tenant agrees to indemnity, defend, and save County harmless from and against any damage or loss incurred by County as a result of any such construction lien. 4 ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES BY Tenant Section 4.01 Use of Premises. Tenant shall use and occupy the Premises solely and exclusively for the operation of a neighborhood park. Tenant shall not use, permit, or suffer the use of the Premises for any other purpose whatsoever without the prior written consent of County, which consent may be granted or withheld in County's sole discretion. Section 4.02 Waste or Nuisance. Tenant shall not commit or suffer to be committed any waste upon the Premises, commit or permit the maintenance or commission of any nuisance or other act or thing which may result in damage or depreciation of value of the Promises or which may affect County's fee interest in the Premises or which results in an unsightly condition. All refuse is to be removed from the Premises at Tenant's sole cost and expense and Tenant will keep such refuse in proper fireproof containers on the interior of the Premises until removed. Tenant will keep the access to the Premises, the parking areas and other contiguous areas to the Premises free and clear of obstruction. Tenant, at its sole cost and expense, will keep the Premises free of rodents, vermin and other pests. Section 4.03 Governmental Regulations. Tenant shall, at Tenant's sole cost and expense, comply with all ordinances, laws, statutes and regulations promulgated thereunder of all county, municipal, state, federal and other applicable governmental authorities, now in fome, or which may hereafter be in fome, pertaining to Tenant or its use of the Premises, or the Premises generally. Tenant shall not use, maintain, store or dispose of any contaminants including, but not limited to, hazardous or toxic substances, chemicals or other agents on the Premises or any adjacent land in any manner not permitted by law. Tenant shall indemnify, defend and save County harmless from any and all penalties, fines, costs, expenses, suits, claims, or damages resulting from Tenant's failure to pedorm its obligations in this Section. Section 4.04 Non-Discrimination. Tenant shall assure and certify that it will comply with the Title IV of the Civil Rights Act of 1964, as amended, and Palm Beach County Resolution No. R92-13, and shall not discriminate against any individual on the basis of their race, color, national origin, religion, ancestry, sex, age, marital status, sexual orientation or disability with respect to any activity occurring on the Premises or under this Agreement. Tenant warrants that in the event the facilities constructed or operated upon the Premises are public facilities the same shall be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of the municipality in which the Premises are located. Section 4.05 Surrender of Premises. Upon termination or expiration of this Lease, Tenant, at its sole cost and expense, if so directed by County, shall remove Tenant's pemonal property, removable fixtures, equipment and Alterations from the Premises and shall surrender the Premises to the County in the same condition the Premises were in as of the Commencement Date of this Lease, reasonable wear and tear excepted. Upon surrender of the Premises, title to any and all remaining improvements, Alterations or property within the Premises shall vest in County. Section 4.06 Hazardous Substance Tenant shall not use, maintain, store or dispose of any contaminants including, but not limited to, Hazardous Materials or toxic substances, chemicals or other agents used or produced in Tenant's operations, on the Premises or any adjacent land in any manner not permitted by Environmental Laws. Furthermore, Tenant shall not cause or permit the Disposal of Hazardous Materials upon the Premises or upon adjacent lands and shall operate and occupy the Premises in compliance with all Environmental Laws. For purposes hereof, Hazardous Materials shall mean any hazardous or toxic substance, material, waste of any kind, petroleum product or by-product, contaminant or pollutant as defined or regulated by Environmental Laws. Disposal shall mean the release, storage, use, handling, discharge or disposal of such Hazardous Materials. Environmental Laws 5 shall mean any applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. Any Disposal of a Hazardous Material, whether by Tenant or any third party, shall be reported to County immediately upon the knowledge thereof by Tenant. Tenant shall be solely responsible for the entire cost of remediation and clean up of any Hazardous Materials disposed of or discovered upon the Promises or emanating from the Premises onto adjacent lands, as a result of the use and occupancy of the Promises by Tenant, or Tenant's agents, licensees, invitees, subcontractors or employees. Tenant hereby agrees to indemni~, defend and hold harmless County from and against any and ail claims, suits, judgements, loss, damage, fines or liability which may be incurred by County, including reasonable attorney's fees and costs, which may arise directly, indirectly or proximately as a result of any violation of the Disposal of any Hazardous Materials upon the Premises or violation of this provision. Tenants responsibility hereunder shall continue and apply to any violation hereof, whether the same is discovered during the term hereof or otherwise. While this provision establishes contractual liability of Tenant, it shall not be deemed to alter or diminish any statutory or common law liability of Tenant. Tenant acknowledges that County would not have entered into this lease without the indemnification contained herein and acknowledges the receipt and sufficiency of separate good and valuable consideration for such indemnification. This provision shall survive expiration or termination of this Lease. Section 4.07 Non-Discrimination. Tenant for itself, it successors in interest and assigns as a part of the consideration hereof does hereby covenants and agree to the following: (a) Tenant shall assure and certify that it will comply with the Title IV of the Civil Rights Act of 1964, as amended, and Palm Beach County Resolution No. R92-13, and shall not discriminate against any individual on the basis of their race, color, national origin, religion, ancestry, sex, age, marital status, sexual orientation or disability with respect to any activity occurring on the Premises or under this Lease Agreement. (b) Tenant warrants that the facilities constructed or operated upon the Premises shall be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of the municipality in which the Premises are located. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5,01 Responsibility of County and Tenant. County shall not be obligated or required to make or conduct any maintenance or repairs whatsoever to the Premises. Tenant shall keep and maintain all portions of the Premises, and all Alterations or improvements currently existing or constructed hereinafter on or about the Premises, in good condition and repair, at Tenant's sole cost and expense. Section 5.02 County's Right to Inspect. County or County's agents shall have the right, upon reasonable prior notice to Tenant (except that no notice need be given in case of emergency) to enter the Premises for the purpose of inspection of the Premises and the improvements located thereon. Any such entrance into the Premises shall be conducted by County in a manner calculated to minimize interference with or disruption of Tenant's operations within the Premises. ARTICLE VI UTILITIES Tenant shall be solely responsible for and promptly pay all costs and expenses relating to providing utility service to the Promises and shall pay directly to the utility company or the provider of such service all charges and assessments for any utility services provided including, without limitation, water, sewer, gas, electricity, trash collection and removal or any other utility used or consumed on the Premises. In no event shall County be liable for an interruption or failure in the supply of any such utility to the Premises. ARTICLE VII INSURANCE Without waiving the right to sovereign immunity as provided by s. 768.28 f.s., Tenant acknowledges and represents that Tenant is self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $t00,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event Tenant maintains third-patty Commercial General Liability and Business Auto Liability, in lieu of exclusive reliance of self-insurance under s. 768.28 f.s., Tenant agrees to maintain said insurance policies at limits not less than $500,000 each occurrence. Tenant agrees to add the COUNTY as an "Additional Insured" with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or similar endorsement, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida1 its Officers, Employees and Agents, c/o Parks & Recreation Department. Tenant agrees the Additional Insured endorsement provides coverage on a primary basis. Claims-bill indemnification style coverage shall not be considered third- party liability for the purpose of this paragraph. Tenant agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. When requested, Tenant agrees to provide a statement or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve Tenant of its liability and obligations under this Agreement. Tenant agrees it's self-insurance, general liability, automobile liability, and property insurance shall be primary as respects to any coverage afforded to or maintained by COUNTY. ARTICLE VIII INDEMNIFICATION It is understood and agreed that Tenant is merely a Tenant of County and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. Tenant shall to the extent permitted by law, indemnify, defend and save harmless the County from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease including without limitation those arising as a result of Tenant's use and occupancy of the Premises, any personal injury, loss of life, environmental contamination, and/or damage to property sustained in or about the Premises by reason, during or as a result of the use and occupancy of the Premises by the Tenant, its agents, employees, licensees, invitees and the general public, and from and against any orders, judgements, and/or decrees which may be entered thereon, and from and against all costs, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim at trial or on appeal. In the event County shall be made a party to any litigation commenced against Tenant or by Tenant against any third party, then Tenant shall protect and hold County harmless and pay all costs and attorney's fees incurred by County in connection with such litigation, and any appeals thereof. Notwithstanding anything herein to the contrary, Tenant shall not be obligated to indemnify or hold harmless County for matters which are judicially determined to be attributable to the negligent or intentional acts or omissions of County. Tenant recognizes the broad nature of this indemnification and hold harmless clause, and 7 voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the County in support hereof in accordance with the laws of the State of Florida. This section shall survive the termination of this agreement. Nothing contained herein shall be construed as a waiver of sovereign immunity or the statutory limits of liability set forth in Section 768.28, Florida Statutes. ARTICLE IX DESTRUCTION OF PREMISES Section 9.01 Damage or Destruction by Fire, War or Act of God. In the event the Premises shall be destroyed or damaged or injured by fire or other casualty during the Term of this Lease, Tenant shall restore the Premises to the same or better condition then that which existed prior to such casualty. Tenant shall commence such restoration within a reasonable time after such casualty but in no event later than one hundred and eighty (180) days of such casualty. Tenant shall thereafter diligently pursue such restoration to completion. ARTICLE X ASSIGNMENT AND SUBLE'I-I'ING Section 10.01 Consent Required. Tenant may not assign, mortgage, pledge or encumber this Lease in whole or in part, nor sublet or rent all or any portion of the Premises nor grant any easements affecting the Premises, without prior written consent of County, which may be granted or withheld at County's absolute discretion. Any attempted assignment, mortgage, pledge, encumbrance or subletting without such consent shall be null and void, without legal effect and shall constitute a breach of this lease. This provision shall be construed to include a prohibition against any assignment, mortgage, pledge, encumbrance, or sublease, by operation of law, legal process, receivership, bankruptcy, or otherwise, whether voluntary or involuntary. ARTICLE Xl DEFAULT Section 11.01 Default by Tenant. The occurrence of any one or more of the following shall constitute an Event of Default by Tenant under this Lease: (i) Tenant's failure to pay any sum due hereunder within fifteen (15) days after the same shall become due; (ii) Tenant's failure to pay any sum due hereunder within thirty (30) days after the same shall become due; (iii) Tenant's failure to perform or observe any of the agreements, covenants or conditions contained in the Lease on Tenant's part to be performed or observed if such failure continues for more than sixty (60) days after notice from County unless the same is of such a nature that it can not reasonably be cured within such a time period, in which event Tenant shall be entitled to a reasonable period under the cimumstances; or (iv) Tenant's vacating or abandoning the Premises. If any Event of Default occurs, then at any time thereafter while the Event of Default continues, County shall have the right to give Tenant notice that County intends to terminate this Lease upon a specified date not less than thirty (30) days after the date notice is received by Tenant, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured within the thirty (30) day period and the County is so notified, this Lease will continue. Section 11.02 Default by County. County shall not be in default unless County fails to perform obligations required of County within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to County, specifying wherein County has failed to perform such obligations; provided, however, that if the nature of County's obligations is such that more than thirty (30) days are required for performance then County shall not be in default if County commences performance within such thirty (30) day period and thereafter diligently pursues the same to completion. 8 ARTICLE Xll ANNUAL BUDGETARY FUNDING This Agreement and all obligations of County hereunder are subject to and contingent upon annual budgetary funding and appropriations by the Palm Beach County Board of County Commissioners. Notwithstanding anything in this Lease to the contrary, County may cancel this Lease for any reason upon three (3) months prior written notice to Tenant. ARTICLE Xlll QUIET ENJOYMENT Upon payment by the Tenant of the Rent and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on Tenant's part to be observed and pedormed, Tenant shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised without hindrance or interruption by County or any other person or persons lawfully or equitably claiming by, through or under the County, subject, nevertheless, to the terms and conditions of this Lease. ARTICLE XlV MISCELLANEOUS Section 14.01 Entire Agreement. This Lease, the Interlocal, and any Exhibits attached thereto, constitute all agreements, conditions and understandings between County and Tenant concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon County or Tenant unless reduced to writing and signed by them. Section 14.02 Notices. Any consents, approvals and permissions by the County shall be effective and valid only if in writing, and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested, addressed: (a) If to the County at: Palm Beach County Parks & Recreation Department Attn: Director 2700 6~h Avenue South Lake Worth, FL 33461 with a copy to: County Attorney's Office Attn: County Attomey 301 N. Olive Ave, Suite 601 West Palm Beach, FI. 33401 (b) If to the Tenant at: Delray Beach Parks & Recreation Department Attn: Director 100 NW 1~ Avenue Delray Beach, FL 33444 Either party hereto may change the address for service of notices required or permitted hereunder upon ten (10) days prior written notice. All notices given hereunder shall be effective and deemed to have been duly given only upon receipt by the party to which notice is being given, said receipt being deemed to have occurred upon such date 9 as the postal authorities shall show the notice to have been delivered refused, or undeliverable, as evidenced by the return receipt. Section 14.03 Severability. If any term of this Lease or the application thereof to any person or clmumstances shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. Section 14.04 Broker's Commission. Tenant represents and warrants that Tenant has not dealt with any real estate salesperson, agent, finder or broker in connection with this Lease and further agrees to indemnity, defend and hold harmless County from and against any claims or demands of any such salesperson, agent, finder or broker claiming to have dealt with Tenant. The foregoing indemnification shall include all costs, expenses and fees, including reasonable attorney's fees at trial and all appellate levels, expended or incurred in the defense of any such claim or demand. Section 14.05 Recording. Tenant shall not record this Lease, or any memorandum or short form thereof, without the written consent and joinder of County, which may be granted or withheld at County's sole discretion. Section 14.06 Waiver of JuryTrial. THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH PROCEEDINGS OR COUNTER CLAIMS, BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER, IN CONNECTION WITH THIS LEASE. Section 14.07 Governing Law and Venue. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in a State court of competent jurisdiction in Palm Beach County, Florida. Section 14.08 Radon, Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from County's public health unit. Section 14.09 Time of Essence. Time is of the essence with respect to the pedormance of every provision of this Lease in which time of performance is a factor. Section 14.10 Waiver. The waiver by County of any default of any term, condition or covenant herein contained shall not be a waiver of such term, condition or covenant, or any subsequent default of the same or any other term, condition or covenant herein contained. The consent or approval by County to or of any act by Tenant requiring County's consent or approval shall not be deemed to waive or render unnecessary County's consent to or approval of any subsequent similar act by Tenant. Section 14.11 Non-exclusivity of Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 10 Section 14.12 Construction. No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall eot be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 14.13 Incorporation by References. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. Section 14.14 Survival Notwithstanding any early termination of this Lease, Tenant shall remain obligated hereunder to perform any duty, covenant or obligation imposed upon Tenant hereunder arising prior to the date of such termination. Section 14.15 Effective Date of Agreement. This Agreement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. INTENTIONALLY LEFT BLANK 11 IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of the day and year first above written. WITNESS: TENANT: (Witness Signature) (Print Witness Name) (Witness Signature) (Print Witness Name) By: Jeff Pedman, Mayor ATTEST: By: Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Al-rEST: DOROTHY H. WILKEN, CLERK PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By:. Deputy Clerk By: Karen T. Mamus, Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: County Attorney By: Dennis L. Eshleman, Director Parks and Recreation Department 12 Date: March 8~ 2004 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda When: March 16~ 2004 Description of Agenda Item (who, what, where, how much): Request approval of 25 year lease of Lake Ida Park (llth Street) between Palm Beach County and the City of Delray Beach. In order to be eligible for a FRDAP grant for playground equipment at Lake Ida Park, we had to extend our current lease with Palm Beach County for an additional 10 years. Department Hea~l , -~ ^ Signature: ~c_~ ~.) C~ty Attorney Rei~ew/Reconunendat~on (if apphcable). Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if apphcable) City Manager Review: Approved for Agenda: ~/No Initials: Hold Until: Agenda Coordinator Review: Received: [IT¥ DF DELRI:I¥ BER[H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: March 8, 2004 MEMORANDUM Wdter's Direct Line: 561/243-7091 TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: PMAB Alternate Board Members The CRA, DDA, P&Z, WARC and Chamber boards currently have a member of each of those boards sit on the PMAB. The attached resolution provides that the CRA, DDA, P&Z, WARC and Chamber shall also appoint an alternate member to PMAB so that if the regular member cannot attend the PMAB meeting the alternate member may attend. The City Commission shall then ratify such appointees. By copy of this memo to David Harden, our office requests that this item be placed on the March 16, 2004 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Scott Aronson, Parking Mgmt. Specialist qE RESOLUTION NO. 20-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 88- 97 WHICH ESTABLISHED THE PARKING MANAGEMENT ADVISORY BOARD, AS SUBSEQUENTLY AMENDED BY RESOLUTIONS 10-98, 33-98 and 63-00 BY AMENDING SECTION 3 PERTAINING TO MEMBERSHIP COMPOSITION TO PROVIDE FOR ALTERNATE MEMBERS TO BE APPOINTED FROM THE CRA, DDA, P&Z; WARC AND CHAMBER OF COMMERCE BOARDS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 9, 1997, the City Commission adopted Resolution No. 88-97 establishing the Parking Management Team as an advisory board to the City Commission; and WHEREAS, Section 3 of said Resolution No. 88-97, as subsequently amended, sets forth the membership composition of the Parking Management Advisory Board; and WHEREAS, the City Commission finds it to be in the best interests of the City of Delray Beach that an alternate member be appointed to the Parking Management Advisory Boards from the CRA, DDA, P&Z, WARC and Chamber of Commerce Boards to provide for adequate representation from these boards. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 3 of Resolution No. 88-97, as subsequently amended, is hereby amended to read as follows: That the Parking Management Advisory Board shall be composed of eleven (11) regular members, and five (5) alternate members, with representatives as follows: (a) A representative and alternate from the Community Redevelopment Agency; (b) A representative and alternate from the Downtown Development Authority; (c) A representative and alternate from the Planning and Zoning Board; (d) A representative and alternate from the Chamber of Commerce; (e) A representative and alternate from the West Atlantic Redevelopment Coalition; (f) A business owner/operator representing the Old School Square Historic Arts District; (g) A business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and Interstate 95; 1 RES. NO. -04 (h) A business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and the Intracoastal Waterway; (i) A business owner/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway; and (j) Two (2) citizen-at-large representatives. The Community Redevelopment Agency, the Downtown Development Authority, the Planning and Zoning Board, the Chamber of Commerce and the West Atlantic Redevelopment Coalition shall recommend appointees, with the City Commission having the authority to approve and ratify all recommendations for membership. The balance of the Parking Management Advisory Board membership shall be appointed directly by the City Commission. Alternate members are chosen to fill in for the absent reqular members and only for the membership specified. Section 2. That this Resolution shall be effective immediately upon passage. PASSED AND ADOPTED in regular session on this the day of March, 2004. ATTEST: MAYOR City Clerk 2 RES. NO. -04 [lTV OF DELRfl¥ BEfl[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: Writer's Direct Line: 561/243-7091 MEMORANDUM February 10, 2004 FROM: City Commission David T. Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Transfer of Property to CRA On October 23, 2003 the City entered into an intedocal agreement with the CRA regarding 2 parcels of property adjacent to each other that are located along the east side of S.W. 5th Avenue just north of S.W. 2® Street. The City owns one parcel and attempted to purchase the other parcel, however, due to title problems we were unable to complete the purchase. The CRA offered to take the property by eminent domain in order to clear up the title problems. The interlocal agreement provided that once the CRA obtained title to the pamel the City would then convey its parcel to the CRA in order to make a buildable lot for the Housing Renaissance Program. The CRA has obtained title to the parcel and they are now requesting that the City transfer its parcel to them so that the property may be used for affordable housing, Please place this item on the agenda for the March 11, 2004 City Commission meeting. If you should have any questions, please do not hesitate to contact me. Attachments cc: Barbara Garito, City Clerk RESOLUTION NO. 13-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED ALONG THE EAST SIDE OF S.W. 5TM AVENUE JUST NORTH OF S.W. 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY TO BE UTILIZED FOR THE RENAISSANCE HOUSING PROGRAM. WHEREAS, the City of Delray Beach, Florida, desires to transfer the West 1/2 of Lot 7, Block 30, Delray Beach, Florida, for the purpose of providing property for the Renaissance Housing Program; and WHEREAS, the City Commission has determined that it is in the best interest of the City to transfer the property described above; and WHEREAS, the City shall only transfer the property to the CRA based upon the terms and conditions of the Interlocal Agreement between the City and the CRA; and WHEREAS, the City Commission has determined that the transfer of the property described above will promote the general welfare of the residents of Delray Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida hereby agrees to transfer the West 1/2 of Lot 7, Block 30, according to the plat thereof as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, to the CRA based upon the terms and conditions, which are hereby incorporated herein, of the Interlocal Agreement between the City and the CRA. PASSED AND ADOPTED in regular session on this the __ day of March, 2004. ATTEST: MAYOR City Clerk Message Kucmerowski, Carolanne Page 1 of 3 From: Ruby, Susan Sent: Tuesday, March 16, 2004 10:16 AM To: Harden, David; Safford, Joseph; Hamilton, Harry; Schroeder, Larry; Koen, Kerry; Tabeek, Jim; Gray, Vincent Cc: Kucmerowski, Carolanne; Garito, Barbara; Nubin, Cheve~te Subject: FW: Police Fire Pension Ordinance This ordinance is a substitute for the ordinance on the agenda as item 12. Per the request of the finance department it includes roll over capability from 457 and 401A plans. Please substitute this ordinance for the one previously sent and included in the agenda for first reading. I would appreciate it if both Chiefs could make sure that the union representatives receive a copy of the revised ordinance. Thanks Susan A. Ruby ..... Original Message ..... From: .lim Linn [mailto:jlinn@llw-law.com] Sent: Tuesday, March 16, 2004 t0:02 AM To: Ruby, Susan Subject: RE: Police Fire Pension Ordinance Susan - the further revised ordinance, containing the Manager's edits and the 401(a) reference, is attached. Please call me if you have any questions. Jim ..... Original Message ..... From= Ruby, Susan [mailto:Ruby@ci.delray-beach.fl.us] Sent: Tuesday, March 16, 2004 9:15 AM To.' .]im Linn Subject: FW: Police Fire Pension Ordinance See Sherry's comments. Could you make sure that the draft we are passing tonight includes everything? Thanks. Does the substitute ordinance you drafted include the changes made by the manager as well as the roll over from 457 and 401A? Susan A. Ruby ..... Original Hessage ..... From: Huehlberg, Sherry Sent: Tuesday, March 16, 2004 9:02 AM To: Ruby, Susan Cc: Safford, .loseph Subject: Police Fire Pension Ordinance Does the 401 also mean the 401A? If SO, my thought would be, "yes" go ahead and include the 401A Plan in this Ordinance as employees who participate in the 3% Management Match Program have the option of having the 3% contribution and match going into their 457 OR 401A Plans, in which case they could roll/direct transfer those funds from either OR both Plans (depending on the amount of the actuarial cost and the amount they have in each Plan). (This is just MY thought!) Sherry/03-16 ..... Original Message ..... From: Ruby, Susan Sent: Tuesday, March 16, 2004 8:45 AM 3/16/2004 Message Page 2 of 3 To: Safford, 3oseph Cc: Huehlberg, Sherry Subject: FW: Police Fire Pension Ordinance Do we need this ordinance? Susan A. Ruby ..... Original Message ..... From: 3im Linn [mailto:jlinn@llw-law.com] Sent: Friday, Harch 12, 200~ 5:35 Phi To: Ruby, Susan Subject: RE: Police Fire Pension Ordinance Susan - the plan does not currently allow rollovers from a 401 plan for the purchase of continuous service, so I did not add the 401 reference for the purchase of the enhanced multiplier. However, if the City wants to allow this, a revised ordinance is attached. Jim P.S. You could also allow rollovers from an IRA, if you wnat to do this. ..... Original hiessage ..... From: Ruby, Susan [mailto:Ruby@ci.delray-beach.fl.us] Sent: Friday, March 12, 200~ 4:23 PH To: 3im Linn Subject: RE: Police Fire Pension Ordinance Thank you so much for the prompt response. What about the 401 A plan? Susan A. Ruby ..... Original Message ..... From: 3im Unn [mailto:jlinn@llw-law.com] Sent: Friday, March 12, 2004 4:06 Phi To: Ruby, Susan Subject: Police Fire Pension Ordinance Susan - a draft ordinance providing for rollovers from a qualified plan to purchase the enhanced multiplier is attached. Please call me if you have any questions. Jim James W. Linn Lewis, Longman & Walker, P.A. Post Office Box 10788 Tallahassee, FL 32302 (850) 222-5702 (850) 224-9242 (Facsirrfile) THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE IS ATTORNEY WORK PRODUCT AND ATTORNEY/CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS 3/16/2004 Message Page 3 of 3 COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR E- MAIL AND DELETE THIS MESSAGE. THANK YOU. *** eSafe scanned this email for malicious content *** *** IMPORTANT: DO not open attachments from unrecognized senders *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 3/16/2004 3-16-04 ORDINANCE NO. O,O-- (3~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS", PROVIDING FOR DIRECT ROLLOVER OF DISTRIBUTIONS FROM A QUALII~IED PLAN INTO THE FUND FOR THE PURCHASE OF AN ENHANCED MULTIPLIER; PROVIDING A SAVING CLAUSE; A GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending subsection (C) of Section 33.70, "Direct Transfers of Eligible Rollover Distributions", to read as follows: Section 33.70 DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. (C) Rollovers or Transfers into the Fund. On or after the effective date of this Section, the fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of continuous service or an enhanced multiplier as authorized under the plan, as follows: the fund will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in Section 401(a) or 403(a) of the Intemal Revenue Code, fi.om an annuity contract described in Section 403(b) of the Internal Revenue Code, or from an eligible plan under Section 457(b) of the Internal Revenue Code, which is maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State Section 3 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4 That should any section or provision of this ordinance or any po~'ion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not operate to invalidate the remainder hereof. Section 5 That this ordinance shall become effective on passage. the PASSED AND ADOPTED in regular session on second and final reading on this __ day of ., 2004. MAYOR ATTEST: City Clerk First Reading Second Reading Message Kucmerowski, Carolanne Page 1 of 1 From: Ruby, Susan Sent: Friday, March 12, 2004 4:22 PM To: Nubin, Chevelle; Kucmerowski, Carolanne; Garito, Barbara Subject: FW: Police Fire Pension Ordinance Susan A. Ruby ..... Original Message ..... From: Ruby, Susan Sent-' Friday, March 12, 2004 4:20 PM To: Harden, David; Safford, Joseph; Muehlberg, Sherry; Schroeder, Larry; Koen, Kerry; Tabeek, Jim Cc: Nubin, Chevelle; Garito, Barbara; Inglese, Cathy Subject: FW: Police Fire Pension Ordinance By copy of this email to Barbara, Chevelle and David Harden our office is requesting that the attached ordinance be put on the agenda for first reading next Tuesday and schedule a second reading on April 13th. The purpose of this ordinance is to provide a mechanism for the roll over of 457 and 401 funds where applicable. Aisc, Chief Schroeder, I would appreciate it if you can make sure that Vinny Gray gets a copy of this email and the ordinance. Thanks Susan A. Ruby ..... Original Message ..... From: Jim Linn [mailto:jlinn@llw-law.com] Sent: Friday, March 12, 2004 4:06 PM To: Ruby, Susan Subject: Police Fire Pension Ordinance Susan - a draft ordinance providing for rollovers from a qualified plan to purchase the enhanced multiplier is attached. Please call me if you have any questions. Jim James W. Lina Lewis, Longman & Walker, P.A. Post Office Box 10788 Tallahassee, FL 32302 (850) 222-5702 (850) 224-9242 (Facsimile) THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE IS ATTORNEY WORK PRODUCT AND ATTORNEY/CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR E-MAIL AND DELETE THIS MESSAGE. THANK YOU. *** eSafe scanned this email for malicious content *** *** IMPORTANT: DO not open attachments from unrecognized senders *** 3-12-04 ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS", PROVIDING FOR DIRECT ROLLOVER OF DISTRIBUTIONS FROM A QUALIFIED PLAN INTO THE FUND FOR PURCHASE OF AN ENHANCED MULTIPLIER; PROVIDING A SAVING CLAUSE; A GERATAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending subsection (C) of Section 33.70, "Direct Transfers of Eligible Rollover Distributions", to read as follows: Section 33.70 DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. (C) Rollovers or Transfers into the Fund. On or after the effective date of this Section, the fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of continuous service or an enhanced multiplier as authorized under the plan, as follows: the fund will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in Section 403(a) of the Internal Revenue Code, from an annuity contract described in Section 403(b) of the Internal Revenue Code, or fi-om an eligible plan under Section 457(b) of the Internal Revenue Code, which is maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State Section 3 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4 That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not operate to invalidate the remainder hereof. Section 5 That this ordinance shall become effective on passage. the PASSED AND ADOPTED in regular session on second and final reading on this day of ,2004. MAYOR ATTEST: City Clerk First Reading Second Reading