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Agenda Reg 06-05-01
City of Delray Beach Regular Commission Meeting Tuesday, June 5, 2001 Regular Meeting 6:00 p.m. Public Heatings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NV/1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULF2~ 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. Ce Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any offficial agenda xtem under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the mgn-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 will furnish auxiliary aids and services to afford an Individual with a dtsabihty an opportunity to parucipate in and enjoy the benefits of a service, program, or activity conducted by the Cxty. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (TDD), 24 hours prior to the event m order for the City to accommodate your request. Adaptive hstening devices are available for meetings m the Commission Chambers. 2. 3. 4. 5. ° ROLL CALL. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · Regular Meeting - April 17, 2001 PROCLAMATIONS: A. B. PRESENTATIONS: Recognizing Student Ambassadors: Lexie Brown, Grant Chang-Chien, Andrew Chao, Teresa Garcia and D'Jenie Heine National Homeownership Week - June 4-8, 2001 CONSENT AGENDA: City Manager Recommends Approval. A. ACCESS EASEMENT AGREEMENT/CROSSROADS CLUB & ELKS CLUB: Bo Approve an access easement agreement that allows a second point of access from the proposed parking lot for the Crossroads Club over the Elks Club property. The access agreement also provides for access from the Elks Club parking lot over the Crossroads Club parking lot and onto the City owned property. AMENDMENT TO THE ENCROACHMENT AGREEMENT WITH THE LAKE WORTH DRAINAGE DISTRICT: Approve the Third Amendment to the Encroachment Agreement between the City and the Lake Worth Drainage District for a five (5) year extension to April 11, 2006. ENCROACHMENT AGREEMENT/COMMUNITY CHILD CARE Do CENTER: Approve an encroachment agreement with the Community Child Care Center which allows the center to place pavers, walkways, overhangs and dumpster pods in the public right-of-way. The initial term of the agreement is twenty-five (25) years with allowable extensions thereafter in ten (10) year increments. REPLAT FOR COMMUNITY CHILD CARE FACILITY: Approve the replat for the Community Child Care Facility, located between Lake Ida Road and NW 4th Street. GRANT AGREEMENT FOR PROGRAMMABLE ELECTRONIC MESSAGE SIGNS: Authorize the Mayor to sign a Grant Agreement with the State of Florida, Department of Community Affairs, for an Emergency Management Preparedness and Assistance Trust Fund grant in the amount of $50,000 to purchase two (2) Programmable Electronic Message Signs specifically designed to further emergency management capabilities. No matching funds are required. 06-05-01 F. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL: Authorize staff to submit a grant application to the Children's Services Council (CSC) for funding in the approximate amount of $124,680 for the City's out of school program, day camps and summer camp programs. G. CRA INTERLOCAL AGREEMENTS/PINEAPPLE GROVE SPECIAL ASSESSMENTS: Approve the interlocal agreements with the CRA to reimburse the City $50,000 for the Pineapple Grove Entrance Special Assessment District project and $683,283.33 for the Pineapple Grove Way Special Assessment District project. H. AGREEMENT AMENDMENT/GOLDEN MARK MAINTENANCE: Approve an amendment to the agreement between the City and Golden Mark Maintenance to transfer the contract to OneSource Facility Services, Inc. as a result of the merger of two service companies. I. CONTRACT CLOSEOUT/INSITUFORM TECHNOLOGIES~ INC. (REHABILITATION OF GRAVITY SEWER SYSTEMS): Approve the contract closeout with Insituform Technologies, Inc. for the Rehabilitation of Gravity Sewer Systems. j. CONTRACT CLOSEOUT/INSITUFORM TECHNOLOGIES~ INC. (REHABILITATION OF GRAVITY SEWER SYSTEMS/2000 ROADWAY BOND PROJECT): Approve the contract closeout with Insituform Technologies, Inc., for the Rehabilitation of Gravity Sewer Systems?2000 Roadway Bond Project. K. SERVICE AUTHORIZATION NO. 91-45/HELLER-WEAVER AND SHEREMETA~ INC. (2000 ROAD BOND SW AREA II IMPROVEMENTS): Approve Service Authorization No. 91-45 with Heller-Weaver and Sheremeta in the amount of $42,240.00 to survey the area encompassing the 2000 Road Bond SW Area II Improvement project. Funding is available from 370-3162-541-65.58 (SW Area II Improvements). L. SERVICE AUTHORIZATION # 8/MATHEWS CONSULTING, INC. (SW AREA): Approve Service Authorization # 8 with Mathews Consulting, Inc. for general engineering services for the SW Area II Improvement project. Funding is available from 370-3162-541-65.58 (SW Area II Improvements). M. DEDUCT CHANGE ORDER #2 & FINAL PAYMENT/AHRENS COMPANIES: Approve deduct Change Order # 2 in the net amount of -$8,854.91 with Ahrens Companies for completion of the ESD Maintenance & Parks Maintenance Expansion Project, and final payment in the amount of $47,164.85. Funding is available from 334-4131-572-62.10 (Parks Maintenance) -$471.72; and 334-6112-519-62.10 (Building Maintenance/Garage) -$8,383.19. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy for one (1) eligible applicant/family in the amount of $11,000.00, property located at 2125 SW 12th Court. This represents the 1242 applicant under the Delray Renaissance Program. Funding is available from 118-1924-544-83.01 (SHIP Program). 06-05-01 SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for Art & Jazz scheduled for June 28, 2001, including temporary use permit and street closure, staff support, use of City equipment, and specified overtime costs. SPECIAL EVENT REQUEST/4TM OF JULY: Consider a request for special event approval for the 4th of July Celebration event, including temporary use permit for street closures, waiver to allow banners and flags, waiver to allow assembly on the beach and vendors on A1A, and staff support. SPECIAL EVENT REQUEST/SUMMER NIGHTS: Consider a request for special event approval for the Summer Nights on the Avenue program, including temporary use permit, staff support with payment to the City for overtime costs exceeding $5,000.00. SPECIAL EVENT REQUEST/AVDA 5K WALK: Consider a request for special event approval to allow the 3ra Annual Aid to Victims of Domestic Abuse (AVDA) 5 K Walk to be held on Saturday, October 20, 2001, including temporary use permit, staff support for traffic control with the sponsor paying all overtime costs. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 14, 2001 through June 1, 2001. AWARD OF BIDS AND CONTRACTS: Purchase award to Fisher Scientific Company for the purchase of forty (40) Self- Contained Breathing Apparatus (S.C.B.A.) cylinders in the amount of $24,035.60. Funding is available from 001-2315-526-64.90 (Other Machinery/Equipment). Contract award to Security Roofing Systems, Inc. for the re-roofing of the beach pavilions along A1A in the amount of $15,796.00. Funding is available from 334-6112-519-62.13 (General Construction/Pavilion Roofs). Bid award to Red Wing Shoe Store for the purchase of safety shoes via the Palm Beach County Bid #01-078/MW for an annual coat of $21,961.00. Funding is available from various departments' operating expense budget. Contract renewal via Vero Beach Bid #97-41 with G&K Services for uniform rental at an annual cost of $44,974.00. Funding is available from various departments' operating expense budget. Purchase award via State Contract, to Maroone Dodge in the amount of $16,927.00 for a 3A ton utility body pickup truck. Funding is available from 441- 5123-536-64.20 (Water/Sewer Automotive). Blanket purchase order increase via Broward County Bid #HD98280M1 to Colonna Asphalt for asphalt and concrete repairs in the amount of $10,000.00. Funding is available from 441-5141-536-34.90 (Water/Sewer-Other Contractual Services). Purchase award to FireCo, Inc. in the amount of $18,650.00 for the purchase of a thermal imaging camera. Funding is from 115-0000-248-64.00 (Special Projects). 06-05-01 -4- REGULAR AGENDA: CONDITIONAL USE REQUEST/BFI: Consider a conditional use request to allow the construction of a 125' high telecommunications tower at the BFI (Browning- Ferris Industries) site, located on the east side of SW 4th Avenue, north of Linton Boulevard (1475 SW 4th Avenue). Quasi-Judidal Heating. Bo SANDOWAY PARKING LOT: Consider the statistical data collected during the test period, from January 2001, through April 2001, associated with extending the closing time of the Sandoway Parking Lot from 8:00 p.m. to 9:00 p.m. and establish the official lot closing time. C. HOMEOX~qERS AGRE EM EN T/ANDOVER HOMEOX~qERS ASSOCIATION: Approve an agreement between the City and the Andover Homeowners Association with the City providing supplies needed for the construction of drainage improvements near the entrance to Andover. AMENDMENT #1 TO DEVELOPER'S AGREEMENT/OCEAN Eo HAMMOCK HOMES: Approve Amendment #1 to the developer's agreement with Ironwood Properties for the Ocean Hammock Coach Homes project. LEASE AGREEMENT AT&T/POLICE DEPARTMENT TOWER: Consider 10. approval of a lease agreement with AT&T Wireless Services of Florida for location of their communications equipment on the Police Department Tower. The initial term is for five (5) years. SPECIAL EVENT REQUEST/JOIN HANDS DAY FESTIVAL: Consider a request for special event approval for the First Join Hands Day Festival to be held on Saturday, June 16, 2001 at Currie Commons Park, including the use of the park, temporary use permit, staff support and waiving overtime costs. PROPOSAL FOR SETTLEMENT/JAMES TYLKE v. CITY OF DELRAY BEACH~ et. al: Consider proposal of settlement in the James TyIke v. City of Delray Beach, et. al. RFP FOR NAMING RIGHTS/TENNIS FACILITY: Consider approval of the RFP for naming rights/and or philanthropic donations for the Tennis Facility. CHARTER REVISION COMMITTEE: Commission to provide direction to the recently appointed Charter Revision Committee. PUBLIC HEARINGS: ORDINANCE NO. 34-01: An ordinance amending Chapter 32 "Departments, Boards and Commissions" of the City Code of Ordinances by modifying Section 32.07 "Membership Qualification/Requirements". -5- 06-05-01 11. 12. 13. COMMENTS AND INQUIRIES O PUBLIC- IMMEDIATELY FOLLOWI1~ A. City Manager's response to prior pul~ B. From the Public. FIRST READINGS: ORDINANCE NO. 35-01: An o~ Code of Ordinances and amending to provide for a change in the date shall be prohibited. If passed, a publ Bo ORDINANCE NO. 32-01: An ord AC (Automotive Commercial) for a Federal Highway approximately 920 Inc. If passed, a public hearing will WAIVER REQUEST/. DEALERSHIP: Consider requires a minimum lot are.. Dealership, located on the w 920' north of Lake Avenue. Co ORDINANCE NO. 36-01: An o Departments" of the City Code of C Retirement Option Plan", authori~ administrator to provide a self-direc passed, a public hearing will be sched COMMENTS AND INQUIRIES ON N A. City Manager B. City Attorney C. City Commission N NON-AGENDA ITEMS FROM THE IG PUBLIC HEARINGS. lic comments and inquiries. 'dinance amending Chapter 91, "Animals" of the .ection 91.51 "Lighting Restrictions Along Beach", and times that artifidal lighting along the beach c hearing will be scheduled for June 19, 2001. nance rezoning from GC (General Commercial) to parcel of land located on the west side of North feet north of Lake Avenue for Autobahn Motors, .e scheduled for June 19, 2001. ~UTOBAHN MOTORS AUTOMOTIVE a waiver to LDR Section 4.4.10(F)(2)(d), which t of 1.5 acres for Autobahn Motors Automotive est side of North Federal Highway, approximately :dinance amending Chapter 33, "Police and Fire ,rdinances, by amending Section 33.685, "Deferred lng the Pension Board to select a third party ted investment program for DROP Accounts. If uled for June 19, 2001. DN-AGENDA ITEMS. 06-05-01 APRIL 17, 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:05 p.m., Tuesday, April 17, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attomey Susan A. Ruby INVOCATION. Reverend Donald Munro with St. Vincent Ferrer Catholic Church delivered the opening prayer. o PLEDGE OF ALLEGIANCE TO THE FLAG. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. The City Attorney stated that approval of Item 8.A., Lease & Management Agreement/Spady House Property, should be subject to an agreement with the CRA to finish the building. Mr. Perlman moved to approve the Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of March 6, 2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 04/17/01 Mrs. Archer moved to approve the Minutes of the Organizational Meeting of March 29, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. e PROCLAMATIONS: 6.A. Recognizing and commending the 2001 Senior Games Multiple Medal Winners for their athletic achievements Mayor Schmidt read and presented a proclamation to the 2001 Senior Games Multiple Medal Winners for their many triumphs in this competition, and for their spirit and enthusiasm. The following individuals won 3 or more medals: Helen Allen - 6 medals (3 gold in track and field and 3 bronze medals in basketball skills; Kevin Doyle - 5 gold medals, all in track and field; Marshall Johnson - 5 gold medals, all in track and field; Raymond Lebowitz - 5 gold medals, all in track and field; Alvin Malthaner - 5 gold medals, all in swimming; Don Zaccardo - 5 gold medals, all in track and field; Pete Arnold - 4 gold medals, all in swimming; Barry Kittredge - 4 medals, (1 gold medal in table tennis, 2 silver medals and I bronze medal in basketball skills); Justin Langsner - 4 medals (2 gold medals and I silver medal in basketball skills, and I bronze medal in table tennis); Bob Bohanan - 3 gold medals, all in basketball skills; Alwyn Griffith - 3 gold medals, (2 in track and field and I in table tennis); Sam Price - 3 medals (1 gold and 2 silver medals in basketball skills); and Mark Reingold - 3 medals (1 silver medal and 2 bronze medals in basketball skills). Joe Weldon, Director of Parks and Recreation, came forward to accept the proclamation on behalf of the Senior Games Multiple Medal Winners. 6.Bo Caridad Asensio Day - April 20, 2001 Mayor Schmidt read a proclamation recognizing and proclaiming April 20, 2001 as Caridad Asensio Day. 6oC° Women's American ORT Day - April 20, 2001 Mayor Schmidt read a proclamation proclaiming April 20, 2001 as Women's -2- 04/17/01 American ORT (Organization for Educational Resources and Technological Training) Day. 6.9. of the USA Commending National Commander Ronald Ziegler - Jewish War Veterans Mayor Schmidt read a proclamation recognizing and commending National Commander Ronald Ziegler for his many and varied accomplishments, and congratulate him on his achievements as a fine example of a dedicated American. 6.go Code Enforcement Officials Week - June 25 through June 29, 2001 Mayor Schmidt read and presented a proclamation proclaiming June 25, 2001 through June 29, 2001 as Code Enforcement Officers' Appreciation Week. Jerry Sanzone, Building & Insp. Adm/CBO Building Inspector, came forward to accept the proclamation. 6oF. AAA Auto Club South Day - April 24, 2001 Mayor Schmidt read a proclamation proclaiming April 24, 2001 as AAA Auto Club South Day. ° PRESENTATIONS: 7.A° Delray Youth Enrichment Task Force Loren Sheffer, Managing Partner for Borton Volvo & Volkswagen and Chairman of the Delray Beach Youth Enrichment Vocational Center and Committee, stated they have talked extensively over the last year about opening up a new Charter School in Delray Beach for disadvantaged youth to become automobile technicians. He stated they have secured a $100,000 commitment from Palm Beach County and a $100,000 commitment from the private sector and are looking to the Commission for funding for a portion of the balance. Angelo Squatrito, Executive Director of Jeff Industries, Inc., explained that Jeff Industries, Inc. is a mental health agency that is known for working with severe mental health populations and hard to serve populations. Mr. Squatrito stated they started off as an agency that worked with paranoid schizophrenic and manic depressive persons who came out of the Delray Beach Mental Health Center connected with the South County Mental Health Center. Approximately twelve years ago Jeff Industries, Inc. was asked by the Palm Beach County School District to develop a model program for working with hard to serve children who were in special education programs, who had severe behavioral problems, and children who would eventually get thrown out of school. Mr. Squatrito stated Jeff Industries, Inc. through funding from the Palm Beach County Children Services Council and the Palm Beach County School District in developing a model program over eight years to work with this population. The model program has received -3- 04/17/01 national recognition. Mr. Squatrito further explained the Ed Venture Charter School, also a school with a work program for emotionally and severely emotionally disturbed high school aged youth, has recently been recognized on a state level as the first recipient of the "Shining Star" award for Charter Schools and by the Palm Beach County School District for its excellence in vocational programming. Mr. Squatrito stated a few years ago Officer Pund and Officer Glass of the Police Department approached him about bringing some kids from Delray who were coming out of jail or heading towards jail from culturally deprived and economically deprived neighborhoods in this community. Mr. Squatrito stated these kids were falling out of school and going into crime as a way to support their homes, families, and so forth. Mr. Squatrito stated the Ed Venture Charter School was not designed for this population. However, because of the enthusiasm of Officer Pund and Officer Glass, Mr. Squatrito stated they developed a model program exclusively for this population. Mr. Squatrito stated that after two years Jeff Industries, Inc. proposed to Palm Beach County School District that there be a new Charter School in Delray Beach and make it exclusively for students from Delray. Mr. Squatrito stated the Palm Beach County School Board was very supportive of this idea and encouraged Jeff Industries, Inc. to come forward with this idea. Mr. Squatrito stated the Palm Beach County School Board has committed $100,000 to help fund building a facility. Mr. Squatrito stated there are a few fundraisers planned and Jeff Industries, Inc. is asking the City for a commitment of $100,000. Mr. Squatrito suggested that the City own the building and lease to Jeff Industries, Inc. In addition, Mr. Squatrito is asking the Commission for $150,000 as a match towards the Palm Beach County School District money so they can run the vocational and employment placement. Mr. Squatrito stated 100% of the students that graduate from these schools are employed and must hold their jobs for 18 weeks successfully full time before they can graduate. The automotive model program they are using is YATC, which is located in Broward County and has been highly successful. Mr. Squatrito stated something locally has to be done in order to redirect the crime wave. Mayor Schmidt asked for clarification regarding the funding amounts. Mayor Schmidt stated originally he was told that Jeff Industries, Inc. was coming to the City to ask for a contribution of $100,000. Mr. Squatrito clarified that the funding Jeff Industries, Inc. is requesting from the City is $100,000 commitment towards the building and another $150,000 each year for three years for a commitment towards operating expenses. Mr. Squatrito stated they would like to open the school in August 2001. Mayor Schmidt asked Mr. Squatrito what amount of money he will need in order to open the school by August l St? Mr. Squatrito stated he will need to recalculate this for a more accurate figure and stated Jeff Industries, Inc. could take a commitment of $50,000 from the City. Mr. Levinson asked for clarification regarding the funding amounts. Mr. Sheffer stated they have a building fund in which they need $300,000. They currently have $100,000 -4- 04/17/01 commitment from the County and $100,000 from private sectors and they need $100,000 from the City of Delray Beach. They are also requesting $150,000 from the City for the next three years for operational expenses. Mr. Levinson asked how many students they plan on having? In response, Mr. Squatrito stated the first year they will have a total of 20 students and are looking to increase to a maximum of 45 students. Mr. Levinson stated he does not see any dollars from the private sector other than what they talked about and commented that YATC is overwhelming funded by the car dealers. Mr. Levinson asked where their money falls into this? Mr. Squatrito stated this money falls into donations and other grants. Discussion followed between Mr. Squatrito and Commissioner Levinson. Mr. Squatrito explained that $65,000 is the in-kind police officer assigned to the school (Behavioral Specialist) and the other $5,000 is money out of the Chief's fund. Mr. Levinson inquired about the money for Weed & Seed and whether or not the $25,000 is from Delray Beach or Palm Beach County? Mr. Levinson clarified that the total commitment from the City would be $150,000 plus the $70,000 plus the $25,000 in operations. The City Manager stated the $25,000 is primarily Federal money with some State and County and clarified that there is no City money in the Weed & Seed. Mr. Levinson asked that the City redirect the funds of $25,000 as it relates to Weed & Seed. Mr. Perlman asked if the budget submitted by Jeff Industries, Inc. is based on the Hollywood YATC model? In response, Mr. Squatrito stated this budget is based on what they have done themselves vocationally and conversations with YATC. Mr. Perlman asked what happens in year four in terms of the City's commitment? In response, Mr. Squatrito stated Jeff Industries, Inc. hopes to become more self-sufficient but they may still need some commitment and assistance from the City. Discussion by the Commission followed. Mr. Perlman asked about the Community Development Block Grant Funds. With regard to State Laws regarding Charter Schools, Mr. Perlman asked if this is set up as a Delray Beach Municipal Vocational Charter School and the City decides to contract it with Jeff Industries, Inc. to provide curriculum services, would the State pay for the building? In response, Mr. Levinson stated the State had some funds, which were available for Charter School Capital money, however, was phased out over a period of years with last year being the last year. Ms. McCarthy asked Mr. Squatrito about the student enrollment and how many students he expects will be enrolled by the second year? In response, Mr. Squatrito stated the first year they expect 20 students, and the second year they hope to have between 35-40 students. Ms. McCarthy asked why the City has to commit for three years? Mr. Squatrito stated because the Palm Beach County School District contract requires a commitment of three years. Ms. McCarthy inquired as to whether or not this is open to all car dealerships that do business in Delray? In response, Mr. Sheffer commented that some of the car dealerships in Delray Beach are corporately owned. -5- 04/17/01 Mrs. Archer stated that Mr. Squatrito indicated that he would start off with 20 students and end with 45 students and also indicated that he was going to bring on other vocations. Mrs. Archer asked if this means that the maximum number of students for automotive training is 20? Mr. Squatrito stated for automotive training the maximum number of students is going to be around 20 for the first three years and is looking to double the capacity in other trades. Mrs. Archer stated that Mr. Squatrito indicated that the automotive industry was looking at this model program. Mrs. Archer asked the City Manager if the City is in a position to come up with $150,000 by August for this purpose? In response, the City Manager stated the $50,000 would need to be looked into. The $150,000 could be placed in next year's budget and it would available October 1st. As far as the $100,000, the City Manager stated if the City has reserved $250,000 for neighborhood improvements and although the City reserved this money intending to use it for another purpose, he feels the school will have a great impact on the neighborhood. Mr. Levinson stated that there does not appear to be any student growth in the numbers in the three-year budget that is being proposed by Mr. Squatrito. Mr. Squatrito anticipated increasing the number of students with the staff they have. However, they made need to hire another academic teacher the third year. Mr. Levinson expressed concern because Jeff Industries, Inc. is asking for a three year commitment and stated even though they may receive additional revenues on a FTE basis, they have not adjusted the budget to reflect increased expenses and it may not be enough to cover the cost of the education. Mr. Levinson stated he is trying to understand how Mr. Squatrito got from 20 students to 45 students in year three when he only increased revenues by $28,000 from the School Board, which is usually incremental by the FTE. Mr. Squatrito stated they will be overstaffed the first year and anticipates adding a part-time academic teacher to do GED online. Mayor Schmidt stated this item should be on a Workshop Meeting and not on tonight's agenda as a presentation. Mayor Schmidt commented that if the City agrees to take the building then the City is taking on the potential liability of fixing up the building as well as any long-term maintenance for the building. Mayor Schmidt stated he thinks the program and the idea are wonderful but commented that this item is not on the agenda. Therefore, all the Commission can do is give direction to staff. It was the consensus of the Commission to move forward with the idea of the commitment for the $100,000 for the building questioning whether or not the City would like to own it, and the funding amount of $150,000 for the operating commitment; and, have Jeff Industries, Inc. discuss with City staff to review what needs to be paid in this fiscal year by September 30, 2001, and bring back to the Commission for further discussion. Mr. Levinson stated the City's commitment may decrease as the years go on and suggested that the money be match money matched by private donations. He feels the people -6- 04/17/01 who will have the greatest gain with all deference to the City are the car dealerships who are going to get talented skilled technicians. Ms. McCarthy stated she debates comments expressed by Mr. Levinson because she feels that they will need to go through enough criteria of match money every time they apply for a grant. Ms. McCarthy stated because there is such a need for larger corporations to do something to address their diversity. In addition, she feels the City should aggressively go after these corporations who are committed to spending "xxx" number of dollars towards bettering communities and young people who have culturally diverse nationalities. In conclusion, Ms. McCarthy stated although she feels this is a wonderful reason to spend money, she would like to see less commitment long term by the City. With regard to the automobile dealerships getting qualified technicians, Mr. Glass explained that the car dealerships will get someone at entry level to get them to the master technician level which requires $50,000 in training per student through Volvo to get them to that level. Mayor Schmidt gave direction to the City Manager to have staff review this and would like to look into the issue about owning the building, funding, and perhaps talk to the grant consultant in the interim to get an idea what money may be available. Mrs. Archer stated perhaps a diminishing commitment on the part of the City over the three-year period. In addition, Ms. McCarthy suggested the City check with Dorothy Ellington, Executive Director of the Delray Beach Housing Authority, as another resource because she may know of HUD money that may be available. At this point, the time being 7:20 p.m., the Commission moved to Item 10, the Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. REQUEST FOR HEIGHT WAIVER/OLD SCHOOL SQUARE: Consider a request for a waiver to the provision of LDR Section 4.3.4(K), "Development Standards Matrix", to allow an increase in the height of the bandshell/stage located at Old School Square, at the NE corner of Atlantic Avenue and Swinton Avenue (51 N Swinton Avenue) from the maximum of thirty-five feet (35') to thirty-eight feet, eight inches (38' 8") in order to accommodate the technical requirements based on the width and the depth of the stage. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Planning Director, stated at its meeting of April 4, 2001, the Historic Preservation Board approved site and development plans for Phase 1, which includes a band shell, concession/restrooms/light & sound building and loggia. The development proposal included a waiver request to increase the height of the proposed band shell from 35' to 38' 8". -7- 04/17/01 Per LDR Section 4.3.4(K), the maximum allowed building height in the OSSHAD zone district is 35'. The proposed band shell exceeds the maximum building height as the mean height between the eaves and ridge is 38' 8" from grade. The applicant requests a waiver from the building height pursuant to LDR Section 2.4.7(B)(1)(b), which allows the City Commission special powers to grant a waiver to any provision of these regulations when there is no other avenue for relief. Pursuant to LDR Section 2.2.6(D)(6) and 2.2.4(D)(3), the Historic Preservation Board is prohibited from granting variances to the height regulations. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Mr. Levinson moved to approve the request of a waiver to increase the height of the bandshell/stage located at old School Square from 35' to 38' 8" based on a positive finding with respect to LDR Section 2.4.7(B)(5), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt- Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 23-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Section 4.3.3(I) Foster Homes and Group Homes, and related zoning districts, pursuant to LDR Section 2.4.5(M). If passed, a public hearing will be scheduled for May 1, 2001. The City Manager presented Ordinance No. 23-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS," SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION (I), "FOSTER HOMES AND GROUP HOMES", AND ENACTING A NEW SUBSECTION (I), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", TO PROVIDE FOR REGULATION OF GROUP HOMES AND COMMUNITY RESIDENTIAL HOMES; AMENDING SECTION 4.4.1, "AGRICULTURE ZONE DISTRICT (A)", SUBSECTION 4.4.1(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.2, "RURAL RESIDENTIAL (RR) ZONE DISTRICT", SUBSECTION 4.4.2(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SUBSECTION 4.4.3(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.5, -8- 04/17/01 "LOW DENSITY RESIDENTIAL (RL) DISTRICT," SUBSECTION 4.4.5(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION 4.4.5(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES PERMITTED, SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION 4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT," SUBSECTION 4.4.17(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION 4.4.17(C), "ACCESSORY USES AND STRUCTURES PERMITTED", SUBSECTION 4.4.17(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(B), "PRINCIPAL USES AND STRUCTURES ALLOWED", SUBSECTION 4.4.21 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD), SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES", SUBSECTION 4.4.24(D), "CONDITIONAL USES AND STRUCTURES ALLOWED" TO PROVIDE FOR THE REGULATION OF GROUP HOMES AND COMMUNITY RESIDENTIAL HOMES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Planning Director, stated this amendment is corrective in nature. The State Legislature amended Chapter 419, Florida Statutes, regarding the regulation of group home and community residential homes. Thus, the City's Land Development Regulations regarding group homes and community residential homes require amendment to conform with the State's requirements under Chapter 419, Florida Statutes. LDR Section 4.3.3(I) currently lists specific requirements for group homes and foster homes. The amendment includes a -9- 04/17/01 definition, additional requirements for community residential homes, and the elimination of certain classifications of group homes, which are no longer applicable. The amendment also includes distance requirements between facilities, from schools, and single family zoning districts. This ordinance will replace Section 4.3.3(I) Foster Homes and Group Homes, in its entirety. The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 19, 2001. There was no public testimony regarding the text amendment. After discussing the amendment, the Board voted 6-1 (Bird dissented) to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). Ms. McCarthy inquired as to why Mr. Bird dissented. Mr. Dorling stated Chairperson Bird did not feel it was appropriate to apply distance criteria for certain types of group homes, such as those that would accommodate the elderly. Ms. McCarthy asked Mr. Dorling when this was reviewed, did he see any conflicts with certain types of homes within distance requirements? In response, Mr. Doding informed Ms. McCarthy that he did not see any conflicts. Ms. McCarthy asked if there is a large complex and there is going to be an Alzheimer's facility and an assisted care facility that wished to be in the same block do they have a way to overcome this ordinance? The City Attorney stated this is a group home ordinance and not a medical treatment ordinance. Ms. McCarthy commented that she is under the impression that an Alzheimer's facility where people stay overnight would qualify as a group home or would that be governed by other regulations? Jay Jambeck, Assistant City Attorney, stated the rationale for the spacing requirements is to try and prevent institutionalization of persons with disabilities. Mr. Jambeck stated that an Alzheimer's facility could indeed qualify as a group home if they are considered disabled under Florida Statutes as long as there is no treatment being provided. Otherwise, Mr. Jambeck stated it would then be considered a treatment type of facility or hospital. Discussion by the Commission followed. Ms. McCarthy commented that some residential facilities have a common eating area or a common recreational area. Ms. McCarthy stated if this is a possibility, does the City have things in place to tell us how they would be able to do something different? Ms. McCarthy stated that because they would use common facilities it could be interpreted as a group home. Mr. Jambeck stated the interpretation could be that if there is a group home serving Alzheimer's and serving another sector of persons with disabilities, then it could be one facility. The City Attorney stated that there is a specific exclusion on page three of the ordinance under Section 4.3.3(I), Section (2) Applicability that reads as follows: (2) Applicability: "This section shall be applicable but not limited to Community Residential Homes and Group Homes which -10- 04/17/01 constitute a new facility or a modification of an existing lawful facility which increases the floor area or the permitted number of residents. This section does not include foster homes; assisted living facilities; continuing care facilities; abused spouse residences; child care facilities; adult day care facilities; convalescent homes, homes for the aged or nursing homes; nor alcohol and drug abuse treatment facilities as regulated in LDR Section 4.3.3(D)." The City Attomey stated although these facilities listed above are specifically excluded it is not to say that there may be some combination that could fall under this. Mr. Jambeck added that a lot of this has to do with how these facilities are licensed by the State. Mr. Jambeck stated the Attorney's office deals with mainly the Land Use issues and the State deals with the distinction between the facilities so if there are some "gray" areas it is do to the licensing requirements. Mayor Schmidt declared the public hearing open. John Bennett, 137 Seabreeze Avenue, stated he would like to confirm his understanding based on the definition in Section 4.3.3(I)(3)(b) "Community Residential Home" on page seven of the proposed ordinance. The term "Community Residential Home" means a dwelling unit licensed to serve clients of the Department of Children and Family Services, which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet physical, emotional, or social needs of the residents. Therefore, Mr. Bennett stated his understanding is that this would have no application to so called "drug flop houses" which do not require a license from the State. Mr. Jambeck stated this definition comes directly from Chapter 419.001(1), Florida Statutes (2000) for the Community Residential Homes so it would not apply to any unlicensed facilities. However, Mr. Jambeck stated the group home category does apply to facilities that are not licensed through the State. The group homes are essentially the same category as a community residential home with different amount of residents. George Jan, 220 S.E. l0th Street, expressed concern over the Group Home, Type 1 and Group Home, Type 2 classifications on page four of the proposed ordinance. Previously, Mr. Jan stated the definition of Community Residential Home Type 1, is properly defined by specifically directing it to residents. He stated the word "residents" is defined very carefully in Section 4.3.3(I)(3)(a). However, the definition of Group Home, Type 2, Mr. Jan stated it appears that it would cover any apartment in the City. Therefore, the 500-foot setback from a residential area would apply. Mr. Jan explained that his son leases and he is not licensed through the State. Mr. Jan suggested that the definition of Group Home Type 2 "A group home which provides lodging or related services for fifteen (15) or more unrelated individuals which is not licensed to serve clients of the Florida Department of Children and Families" be defined as "residents" -11- 04/17/01 instead of "unrelated individuals". He feels if this change were made then the verbiage would be more consistent with the rest of the ordinance and would conform better with Chapter 419.001 (1) of the Florida Statutes. Discussion by the Commission ensued. The City Attorney stated on page four of the ordinance under Section 4.3.3(I)(3)(4)(c) it mentions unrelated individuals whereas in Section 4.3.3(I)(3)(c) the Group Home definition does not really address this. The definition is as follows: (c) Group Home: "The term "Group Home" means a home, and/or a building or part thereof operated, or group of buildings, which otherwise meets the definition of a Community Residential Home but which has either less than 7 residents or more than 14 residents." Mr. Jambeck stated he believes there is a distinction between what Mr. Jan was discussing and the definition as it exists in the ordinance. Mayor Schmidt stated as he understands the issue, Mr. Jan wants to make sure that the City is relating the definition of "residents" to all of these homes. Mayor Schmidt feels the definition of Group Homes meets the definition of Community Residential Home. Ms. McCarthy stated she agrees that the verbiage is technically fine. However, Ms. McCarthy feels the verbiage should be kept consistent throughout the ordinance in order to make it easier for someone if they were to read only a portion of the ordinance versus reading the entire ordinance. Mr. Jambeck stated staff could make the change to Section 4.3.3(I)(4)(b) to make the verbiage more consistent. Them being no one else who wished to address the Commission on this item, the public hearing was closed. Ms. McCarthy moved to approve Ordinance No. 23-01 on First Reading/First Public Hearing with the text change, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 22-01: An ordinance amending Chapter 4, "Zoning Regulations" of the LDR's by amending Section 4.6.7, "Signs", clarifying the purpose and regulations relating to non-commercial speech; repealing the sign matrix chart and enacting a new sign matrix chart; amending the definition section by amending the definitions of on- premise sign and vehicular sign. Prior to passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. -12- 04/17/01 The City Manager presented Ordinance No. 22-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.7, "SIGNS", IN ORDER TO CLARIFY THE PURPOSE AND TO CLARIFY REGULATIONS RELATING TO NON- COMMERCIAL SPEECH; REPEALING THE SIGN MATRIX CHART AND ENACTING A NEW SIGN MATRIX CHART; AMENDING THE DEFINITION SECTION BY AMENDING THE DEFINITIONS OF ON-PREMISE SIGN AND VEHICULAR SIGN; PROVIDING FOR ENFORCEMENT AMENDING CERTAIN RESTRICTIONS; PROVIDING FOR RELETTERING AND RENUMBERING; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Levinson stated that the Legislature is currently dealing with a potential change in the billboard requirements. If this is enacted, Mr. Levinson inquired as to whether or not it will require any additional modifications to this ordinance. The City Attorney stated that the City does not really have an amortization schedule. However, the City Attorney noted additional changes will be forthcoming regarding the sign code. Mayor Schmidt declared the public hearing open. John Bennett, 137 Seabreeze Avenue, commented about verbiage in Section 4.6.7(3) Subparagraph (c) regarding Temporary Political Signs where it reads ". ....... provided that prior to the removal by the City, the City shall, within the ten day period, send by certified mail, return receipt requested, to the addresses of the owner of each property where on the temporary political sign is located and owner is listed on the current tax rolls of the County .............. "Mr. Bennett stated there are either not enough words or there are too many words in this subparagraph. He feels the language does not flow properly. Mr. Bennett stated if you compare this procedure for temporary political signs and how to get rid of them with the procedure for certain other nonconforming temporary signs on page 21, subparagraph (K)(2)(b) where it reads ". ........ a notice will be sent, either in person or by first-class postage, prepaid, to -13- O4/17/O 1 ! the occupant of the property from which the sig~was removed, and if the sign identifies a party other than the occupant of the property, the party so identified. The notice shall advise that the sign has been removed and shall state that the sigp may be retrieved within 30 days of the date of the notice,,and that, if the sign is not retrieved within 30 days, it will be disposed of by the City ........... ' Mr. Bennett stated that the statement on page 21 of the ordinance refers to a first class letter. With regard to the statement on pagp four of the ordinance, Mr. Bennett stated that the City sends someone a certified letter in advance which costs approximately $3.40 more than a first class letter. Mr. Bennett commented that .~lthough it is nice to honor political signs more than other signs, he feels this is a bureaucratic way of handling this procedure. Mr. Bennett stated there use to b located in someone's front yard in Hillsboro BeE the sign read "Impeach Clinton" then it was chan The City Attorney stated they wo there is nothing that allows a sign of that size to they would like to on a sign. There being no one who wished public hearing was closed. Mr. Perlman moved to adopt Reading, seconded by Ms. McCarthy. Upon Perlman - Yes; Mrs. Archer- Yes; Mr. Levinson Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 24-01:,~ An c to provide clari~ ~o ~ ~le--~-mniti-0-~n ~-~- Groin of passage of this ordinance on Second and FINA to be held at this time. The City Manager presented Ordin AN ORDINANCE OF THE CIT OF DELRAY BEACH, FLOR] DEVELOPMENT REGULATI¢ ORDINANCES OF THE CITY 12 BY AMENDING APPENDIX "A' THE DEFINITION OF "GROU? PROVIDING A GENERAL RE CLAUSE, AND AN EFFECTIVE (The official copy of Ordinance -14 e a rather large sign (approximately 8' x 12') ~ch along A1A. Mr. Bennett stated for a while ed to read "Convict Clinton". Id still need to meet the size requirements and .e erected, however, someone can say whatever to address the Commission on this issue, the rdinance No. 22-01 on Second and FINAL call the Commission voted as follows: Mr. Yes; Ms. McCarthy - Yes; Mayor Schmidt- rdinance amending LDR "Definitions" section td Floor Building Area". Prior to consideration L Reading, a public hearing has been scheduled ance No. 24-01: ~/ COMMISSION OF THE CITY DA, AMENDING THE LAND )NS OF THE CODE OF ~F DELRAY BEACH, FLORIDA, ', "DEFINITIONS", TO CLARIFY ~ID FLOOR BUILDING AREA';- PEALER CLAUSE, A SAVING DATE. 24-01 is on file in the City Clerk's office.) 04/17/01 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 24-01 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 26-01: An ordinance amending Chapter 71, "Parking Regulations", of the City Code of Ordinances by amending Section 71.07, "When Impoundment Authorized", by amending Subsection (E) to include emergency vehicles. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 26-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.070, "WHEN IMPOUNDMENT AUTHORIZED," BY AMENDING SUBSECTION (E) TO INCLUDE EMERGENCY VEHICLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. At this point, Ms. McCarthy asked the City Manager when this was put into place, did staff look at some of the narrow streets through the City that do not have parking restrictions where people are actually parking on the street? In response, the City Manager stated those situations are already dealt with in State Law and in the City Code. The City Manager stated there is a concern with Eve Street and a few other streets that are gated off but the gate has a lock box on it so that the Fire Department can get through in the event of an emergency. The concern -15- 04/17/01 was that someone could park in front of that gate and then the Fire Department could not get through because it would be blocked by the person parking there. The City Manager explained that the City Code did not give the City specific authority to tow a vehicle in that situation. If someone parks on a street where they obstruct the normal flow of traffic, the City Manager stated the City now has the authority to remove them. Mrs. Archer moved to adopt Ordinance No. 26-01 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 27-01 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2001-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2001-01 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs Amendment 2001-1 includes: The City Manager presented Ordinance No. 27-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2001-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2001-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-01 is on file in the City Clerk's office.) IO.F.1. Schools; General update of Goal Area "D" of the Future Land Use Element, relating to 10.F.2. Modification of the definition of Community Facilities Land Use description, in the Future Land Use Element; 10.F.3. General update of the Public Facilities Element; 10.F.4. General update of Comprehensive Plan Map Series to reflect current City boundaries; -16- 04/17/01 10.F.5. Modification of Housing Element Map #3, Table HO-20, Future Land Use Element Map #3 and Table L-5, relating to potential residential units to be built on vacant land within the City; and 10.F.6. The change to the FUTURE LAND USE MAP (FLUM) involves one area of land which will be transmitted as a part of Amendment 2001-01. Dan Marfino, Senior Planner, stated this was iniated before the Planning and Zoning Board Meeting at their meeting of February 26th and before the City Commission on March 6th. The Planning and Zoning Board held its public hearing regarding the amendment on April 16, 2001. The amendment involves one Future Land Use Map Amendment, Temple Sinai- North, which was included with the initiation, has been withdrawn by the applicant. However, one additional Future Land Use Map Amendment (Fanelli Annexation), which was previously not included, has been added. Modification of the definition of the Community Facilities Land Use Designation has also been removed from this amendment, pending further analysis. In addition, the Palm Beach County School Board has removed the modification of Future Land Use Element Goal Area "D", regarding the revised policy of racial balancing in schools, pending proposed revisions in School Board policies. The remaining items in the Plan Amendment consist of numerous text changes along with map and table updates. Mr. Marfino stated this is a transmittal public hearing and if the amendment is approved it will be sent to the State Department of Community Affairs (DCA). Upon return of comments from the State, the adoption hearing is scheduled for the August Planning and Zoning Board Meeting and final adoption at the City Commission Meeting of September 4, 2001. Paul Dorling, Planning Director, explained that the Fanelli Annexation is a privately iniated Future Land Use Map amendment involving the 2.65 acre site, to the east of the Boys Farmers Market, from County Land Use Map designation of HR-8 (High Density, 8 units/acre) to City Land Use Map Designation of GC (General Commercial) amendment that is part of this transmittal which involves the Fanelli property. Mr. Dorling stated it is four properties under common ownership including the tract, which connects that property to Military Trail (depicted on overhead). It contains two single-family residences that exist on two parcels. In February 2001, the Palm Beach County Building Department issued a permit to construct a 10,000 square foot coal storage building on one of the southern parcels. The proposed use of these properties would be for the 10,000 square foot coal storage building and four additional parking spaces for the Boys Farmers Market. The property is located within a Future Annexation area designated in the Comprehensive Plan as Area C and the Future Land Use Element calls for annexation of eligible properties. The annexation is consistent with Florida Statutes 171 regarding annexation and positive findings with respect to concurrency and rezoning findings are noted in the staff report. With respect to consistency between the proposed City and County Land Use Designation, the existing County Land Use Designation is HR-8 -17- 04/17/01 (High Density Residential) and the City's Advisory Designation for this parcel is transitional. The applicant has requested that the parcel come in with a general commercial designation, which allows multi-family use as well as a variety of commercial, and office uses. Neither the City Advisory designation of transitional nor the request for general commercial is wholly consistent with the current County designation. The property is located immediately behind commercial property and its only access is through that commercial development. Under these circumstances, commercial development appears appropriate for the subject property if property buffering is provided to the residential area to the east (Lee's Crossing). Compatibility with the abutting residential properties is a concern. However, Mr. Dorling stated there are sufficient regulations in place to mitigate these impacts. With future site development, trees would be required at least 25' spacing along the east property line and every 30 feet along the north and south. In addition, it was suggested the future processing of site plans that a perimeter wall be provided as well as an open space buffer. The Planning and Zoning Board held its public hearing regarding the amendment on April 16, 2001. Mr. Dorling stated several members of the public were in attendance including a lady who owns the shopping center as well as several residents from Lee's Crossing. Their compatibility concerns centered on the construction activity that is currently going on and the impact of that construction activity. These concerns with further development of the site would be something the City would be looking for with future site development plans. After discussion, the Planning and Zoning Board unanimously recommended approval of the annexation, the zoning, and the future land use application. Mr. Dorling stated staff has an aerial map for the general public to view. Mrs. Archer asked whether or not the surrounding areas are within the City limits? In response, Mr. Dorling stated this property is surrounded by City property and pointed out that further east of this subdivision is a County enclave. Gary Haratsis, resides at 124 W. Lee Road and President of Lee's Crossing Homeowners' Association, stated his property abuts this property and commented Lee's Crossing Homeowners' Association does agree that annexing this property into the City will be a benefit because the City will have more control over the future outcome of the property. As it now stands, Mr. Haratsis stated Lee's Crossing Homeowners' Association is unhappy and feel there has been too much noise. The construction has taken place and numerous vehicles such as refrigeration trucks are parked across the back area. Mr. Haratsis stated the lower area on the aerial map under the line shows many trees. Mr. Haratsis stated these trees are no longer located there as they were removed last summer. In addition, there is a dirt road constructed and vehicles have been driving through the area. Lee's Crossing Homeowners' Association is now concerned about what is going to happen with this property that has lost its trees and has taken away their privacy. In conclusion, Mr. Haratsis thanked the Commission for their time and attention to this matter. -18- 04/17/01 Michael Weiner, representing Mr. Fanelli (owner), stated that the Planning and Zoning Staff Report meets the burden of proof with respect to demonstration on annexation, future land use map, and zoning. Mr. Weiner and Mr. Fanelli attended the Planning and Zoning Meeting last evening and Mr. Weiner stated the neighbors did not fall on deaf ears. Mr. Fanelli wants to make it known that by completing the 10,000 square foot cooler they no longer have to use the inefficient system of air conditioned trucks. Mr. Fanelli is the owner of the land and rents to Boys Farmers Market. He is in touch with them because the tenant is not getting along, as well they should be with the neighbors. By having the cooler facility, the inefficient system of trucks and having trucks keeping the vegetables cool comes to an end as soon as that facility opens. Other things concerning the operations, which Mr. Fanelli is talking to Boys Market about, are things such as loud speakers and other things that have upset the neighbors. Mr. Weiner complimented staff for a job well done with respect to the site plan with the original Boys Market and Mr. Weiner feels this gives the City the opportunity to extend those kinds of conditions with respect to the back land. As Mr. Haratsis pointed out, Mr. Weiner stated the City is actual improving the changes of being able to make this a compatible area with the surrounding neighborhood by annexing it and granting it as Future Land Use Map and Zoning. Mr. Weiner reiterated that they are not turning a deaf ear to those surrounding properties and understand that they will abide by what the City has as conditions. Mr. Perlman moved to approve Ordinance No. 27-01 on FIRST Reading and adopting Comprehensive Plan Amendment 2001-01 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the City Commission moved to Item ll.A., City Manager's response to prior public comments and inquiries. ll.A. City Manager's response to prior public comments and inquiries. In response to a prior suggestion for the City to erect signs in the medians of some of the major streets to help inform more people of the Annual Town Hall Meeting, the City Manager does feel this is a good suggestion (to use the medians on Atlantic Avenue between 1- 95 and Swinton Avenue) and will try to ensure this is done prior to the 2002 Annual Town Hall Meeting. Regarding a prior comment concerning the surcharge for use of water in excess of 15 thousand gallons and people not being aware of the increase, the City Manager stated at that time a message regarding the Downtown Charrette was printed on the water bills. Since the Downtown Charrette is fast approaching, the message has been removed from the water bills and replaced with a message advising customers about the 30% surcharge. ll.B. From the Public. -19- 04/17/01 ll.B.1. Robert Dimond, resides at 1332 S.E. 7th Street, Deerfield Beach, and representing Marine Safety Group, addressed the Commission with regard to the feeding of marine predators particularly sharks by commercial dive boat operators in our local coastal waters. Mr. Dimond stated the feeding of sharks and other marine predators is the intentional conditioning of these predators to associate humans with food so that they may be able to approach humans and fulfill the requirements of the dive operator who is charging a customer to see these animals. In addition to Delray Beach, Mr. Dimond stated he has been before four other cities and all four cities have sent letters to the State requesting a State ban on this practice. Three of the four cities have adopted ordinances to ban the feeding of marine wildlife in their local waters which include Deerfield Beach, Hillsboro Beach, and Lighthouse Point is in the process of their final public hearing for their ordinance. The wildlife managers agree that the feeding of marine wildlife is a danger to the public and is also dangerous to the animals themselves making them less capable of protecting themselves and finding their own food. Mr. Dimond stated there are also some legal issues that he is not qualified to address. Mr. Dimond asked the City Commission to draft a letter to the State of Florida requesting that the State ban this activity in all State waters. The State of Florida will be meeting on May 24th to address this issue and feels it is important that the cities let the State know where they stand on this issue so the State can make a ruling. In addition, Mr. Dimond urged the City to adopt an ordinance similar to the Deerfield Beach and Hillsboro Beach ordinance that would prohibit the feeding of marine wildlife in its coastal waters. ll.B.2. Captain Tony Coulter, resides at 1001 S.W. l0th Street, Boca Raton, and owner of a dive charter operation in Boca Raton, stated he has been working out of the Boca area from Boynton Beach to Deerfield Beach for approximately 20 years and is willing to address questions or concerns the Commission may have on the shark feeding issue. Captain Coulter stated this is a bad practice. He stated that while doing rescues with recreational boaters come to these sites unaware of what has been going on there. He explained there was one incident where fingers have been bitten and the thumb of a woman was severed. He feels the situation is only getting worse and feels if the Stated decides not to do something about it then it will soon open up a Pandora's Box. Mr. Perlman commented he read an article in the New York Times regarding Pompano Beach. Captain Coulter stated the area most affected is actual from Deerfield Beach south. A few of the operators out of Boynton Beach are trying to get a "shark park" going out in some of the reefs in the north Delray Beach area (in approximately 60 feet of water). He stated on the web site for Maryland State University Dr. Jeanne Clark conducted a study regarding the conditioning of nurse sharks and trained the sharks how to get food. He feels sharks can definitely be conditioned and is strongly opposed to the feeding of marine wildlife because he is concerned about the safety of his divers. Mr. Coulter stated there are over 30 documented cases of people who have been injured as a result of this practice. Ms. McCarthy stated that when people are out at the end of a pier fishing sometimes it looks like they throw things out in the water as a way to attract a fish so that they -20- 04/17/01 can catch bait. She asked if this is an example of what Captain Coulter is talking about. Captain Coulter stated this is not an example of hand feeding the animal. ll.B.3. Jean Beer, 2145 S.W. 26th Terrace, stated she understands the Commission supports the Youth Automotive Training Center (YATC) Program and is confident the City will find money for this program. She stated the City could get money by taking out the two round-a- bouts in the Pineapple Grove area. She stated she fully supports Joe Gillie, Director of Old School Square, but feels that if Old School Square can raise $15 million dollars then they should be able to raise enough money to carry their own operating expenses first. Ms. Beer stated she understands there is a vacancy on the Community Redevelopment Agency (CRA) Board and that there are three more vacancies coming up. The CRA was organized over 15 years ago and was supposed to be for twenty years. One of the major projects to be completed was West Atlantic Avenue. Ms. Beer stated when East Atlantic Avenue was completed the priority was focused to the North Federal Highway area and then the Seacrest/Del Ida area. She feels the priority should have been and still is West Atlantic Avenue. The present group on the CRA Board are from the East Atlantic Avenue area. Ms. Beer feels the four appointments coming up on the CRA Board should consist of as many people from the West Atlantic Avenue business community and the residential area as possible and urged the Commission to take this into consideration when making their appointments. In addition, Ms. Beer suggested that the City put a sunset date on the CRA. ll.B.4. Henry Williams, 310 N.W. 3r~l Avenue, concurred with comments expressed by Ms. Beer regarding West Atlantic Avenue and the CRA. Mr. Williams reiterated that the City consider putting a sunset date on the CRA. CONSENT AGENDA: City Manager Recommends Approval. g.A. LEASE & MANAGEMENT AGREEMENT/SPADY HOUSE PROPERTY: Approve the Lease and Management Agreement between the City and Expanding and Preserving Our Cultural Heritage, Inc., (EPOCH) for the Spady House Property. 8ogo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 2nd through April 13, 2001. 8oC. AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $84,800.00 to Murray Logan for rehabilitation of Lift Station #31. Funding is available in 442-5178-536-61.83 (Lift Station Conversion to Submersible). ° Purchase award in the total amount $24,772.00 to Southeastern Pumps for submersible pumps as part of our preventive maintenance program. -21- O4/17/01 Funding is available in 441-5144-536-46.20 (Equipment Maintenance). e Purchase award in the total amount of $27,725.60 to Hydro Pumps for two hydrated lime pumps and related equipment. Funding is available in 441- 5161-536-64.90 (Other Machinery & Equipment). e Contract award in the total amount of $1,698,495.00 to Chaz Equipment, Inc. for the Seacrest/Del Ida Neighborhood Improvements Phase II. Funding is available in the amount of $828,673.00 from 334-3162-541- 62.54 (General Project Fund); $472,320.00 from 442-5178-536-65.03 (Water & Sewer); $134,000.00 from 448-5461-538-65.03 (Drainage Project); $189,000.00 from 448-5461-538-65.20 (Drainage Project); $63,364.00 from 370-3162-541-65.43 (2000 Bond General); and $11,138.00 from (2000 Bond Storm Water). Mr. Perlman moved to approve the Consent Agenda subject to Item 8.A., subject to the City Attorney's recommendation, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. e REGULAR AGENDA: 9oAo REQUEST FOR AN ADDITIONAL QUEUING AREA ON ATLANTIC AVENUE: Consider a request for an additional queuing area on Atlantic Avenue on the second block east of Swinton Avenue in proximity of 110 East Atlantic Avenue. Scott Aronson, Parking Management Specialist, stated at the Parking Management Advisory Board (PMAB) meeting of February 13, 2001, the applicant made a presentation for an additional parking queue and associated Parking License Agreement on Atlantic Avenue, on the second block east of Swinton Avenue (Grip Building). The applicant proposed that the queue is to be used for overflow from the existing queue on the first block east of Swinton Avenue (32 East), and would be utilized only when the queue on the first block is full. Michael Weiner, Attorney representing applicant, stated at the PMAB meeting there was a vote (5-4) in favor of the queue on Atlantic Avenue with instructions that the applicant come back for the purposes of cleaning up some small details that had to do with where employees would park. Mr. Weiner explained there was a 5-4 positive vote in favor of our first program and a 5-4 vote against that program at the second meeting of the PMAB even though very little had changed. Mr. Weiner stated this all started because Sopra Restaurant will be moving into the old Martini location. Mr. Weiner stated the Site Plan Review and Appearance Board (SPRAB) has taken a look at is a whole different level for the street and feels this will be a significant improvement over the present facade on the Grip Building. Mr. Weiner stated something needed to be done with the additional traffic that would be coming to town. Mr. -22- 04/17/01 Weiner reiterated that there is an increased demand of the Sopra customers and they want to secure 72 to 100 new parking spaces. The Grip Building has its own parking spaces but so far they have declined to use it at night. The owners of the Grip Building stated they could use it so long as Mr. Weiner could ensure that a tenant would be in charge and that is what started the queuing idea. The goal and objective is using these two lots and Sopra has negotiated from Grip Development two additional parking lots. The N.E. 1st Avenue Atlantic valets has a tendency to back up cars over Swinton Avenue. Most people arrive to Atlantic Avenue from the west defaulting to the western most valets on a first see first use basis and across Swinton Avenue there is very little queuing area. Mr. Weiner stated they would like to move their valet queue to S.E. 2na Avenue improving the traffic flows on Atlantic Avenue. The people can be directed off Atlantic Avenue to the convenient queue on S.E. 2nd Avenue. Mr. Weiner stated there needs to be some kind of signage or recognition so that people know to turn right and get off Atlantic Avenue and get their cars parked. An optional sign on 2nd Avenue would help the situation and would direct the traffic to the valet. Mr. Weiner explained that the recommendation is that Sopra Restaurant will take the initiative to put a main valet on a side street to work with the City's Planning and Zoning Department. K.R. Pinder, Transportation Consultant, stated Atlantic Avenue would be the ideal place to have this because when people come into town they are looking for a place to park and the quicker they can get out of their cars and park, the better. However, Mr. Pinder understands there are some concerns about the operations overlapping so the idea is to move the valet parking queue from Atlantic Avenue to S.E. 2nd Avenue. Mr. Pinder stated that by separating the "drop-off" and "pick-up" for the valet would help to reduce traffic backing up because there will be no car sitting waiting for people to get in and the valet is moving the car(s). Mr. Pinder feels this will be a much more efficient operation and will work well with the restaurant. Mr. Weiner reiterated that it is important to have signage on the second block and a valet station so that people know when to turn and how to turn. He stated this is a public queue and the applicant is signing a Parking License Agreement and will be doing what all the other parking queues are doing. The request for having the valet parking queue on 2nd Avenue is because the confusion on 1st Street and 1st Avenue has been getting greater. In conclusion, Mr. Weiner urged the Commission to enter into a Parking Management Agreement with the City and stated this will be coordinated with the opening of the restaurant. Mrs. Archer commended Sopra Restaurant for taking the first step in moving the queues around the corner. She stated that for some time the PMAB felt that it would be appropriate to move the jam that has been created on Atlantic Avenue onto the side streets. Although this was not the original request made by Sopra Restaurant, Mrs. Archer feels this is an excellent move and will certainly help improve the flow of traffic. Mrs. Archer stated she would fully support this request. Ms. McCarthy disclosed that she did have a conversation with Mr. Weiner earlier today and because of that she is very much in favor of moving the parking queue from Atlantic -23- 04/17/01 Avenue to S.E. 2nd Avenue. In addition, Ms. McCarthy stated signage on Atlantic Avenue is extremely important and will help guide people where to park. She feels more and more people are obtaining these queues and finds that it can be very confusing for people to know where they can park. Mr. Perlman supports this request and commended Mr. Manero for thinking of such a creative way to solve the problem. Mr. Perlman stated that by adding extra parking spaces is critical. He commented that it will be a great step by adding the extra spaces and will be advantageous to the City. Lastly, Mr. Perlman stated the applicant should not be put through the meeting process again and would like to see this coordinated with the opening of the restaurant. Mr. Levinson stated he attended the last PMAB meeting and at that time the 2nd Avenue drop-off was discussed so he concurs with Mr. Perlman that he sees no reason why this needs to be sent back to PMAB for discussion because they actually supported it at that time. With regards to signage, Mr. Levinson stated the City, the CRA, and the DDA entered into a consolidated signage program and feels it would be very appropriate to use the same sign style with arrows and have it be incorporated to the directional signage that is being proposed for valet signs. Mrs. Archer stated she has noticed that the valet sandwich signs that they put out usually have the name of the restaurant on them so whoever is coming along can immediately see that this is where they can valet park for a particular restaurant. Mrs. Archer stated it is important that people who are traveling east on Atlantic Avenue know that there is valet parking available and that it is for this particular restaurant. She urged the Commission to take into consideration that this is the first restaurant that has offered to go off Atlantic Avenue and feels it is very important that this restaurant have the visibility with the public to know that there is valet parking for this restaurant around the comer. Ms. McCarthy stated she would be hesitant to approve signage with the restaurant's name or the name of the business on it. She feels the sign should just state "valet parking" and should be open to anyone who wishes to use their valet queue. Mrs. Archer stated that she fully supports the City approving signs that read "Valet Parking" with an arrow directing the public where to park. However, she expressed concern that the establishment will be put at a deficit and not have the same opportunities other restaurants have on Atlantic Avenue as it pertains to valet parking. The City Attorney stated in the Parking License Agreement there is a section on signage and it does prohibit sandwich board signs and does allow advertising signs as allowed by the City Manager or his designee. Paul Dorling, Planning Director, requested that the Commission not take any formal action on this item this evening because he would like to take a look at the circulation. In -24- 04/17/01 addition, Mr. Dorling stated there are some unanswered questions as to how this will work if Worthing Place (Block 77) is further developed and other issues about utilization of an alley which is not going to be there. Mr. Dorling stated he has concerns with respect to how the pick- up area works in an alley of 16 fee'~ and how the circulation continues. He urged the Commission to let staff review what is b ~ing proposed. Discussion by the Commi ssion followed. With regard to the sandv~ich board signs, Mr. Levinson stated there is so much information on these particular signs tho. the "Valet Parking" signs are likely to be more visible to the majority of people who are in front of that particular restaurant. He does not feel it puts the restaurant at a disadvantage by not having the name "Sopra" out on the street. Mrs. Archer stated she agrees there may be a potential conflict if and when Block 77 is further developed. She stated that ~ny agreement the City puts forth should stipulate that if indeed something changes, the queuinglsystem would change as well. However, Mrs. Archer does not feel the City should not allo~ them to use it because something may happen in the future. The City Attorney stated ~he agreement calls for a revocable license that the City may revoke during the first probationary period of 180 days without cause or any renewal period. Mr. Dorling stated he do~s not know the pick-up area will work in an alley of only 16 feet nor does he know how they will be able to maintain circulation for the general public. Mr. Levinson moved to al~prove in concept staff entering and reviewing a contract with Sopra that accomplishes the proposal tonight of a S.E. 2"a Avenue "drop-off" and a "pick- up'' at another location and have staff use the standard form contract and amend it as appropriate to facilitate the Soprah proposal, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.B. REQUEST FOR VALl~T QUEUE CUSTOM PICK-UP AREA: Consider a request designating the first two (2) parking spaces on the southeast comer of SE 1 st Avenue as a customer pick-up area for the valet queue on the south-side of Atlantic Avenue between Swinton and SE 1 st Avenues. Scott Aronson, Parking Management Specialist, stated during the busy times queuing areas throughout the City create traffic congestion. This is largely due to the crossover of incoming and outgoing traffic. This condition is especially troubling at the queue on Atlantic Avenue between Swinton Avenue and S.E. 1st Avenue, due to the volume of traffic at the Atlantic Avenue/Swinton Avenue intersection. 04/17/01 A key component to running Valet Parking is the separation of incoming and outgoing traffic. The most efficient way to achieve this separation is to create a designated pick- up area for departing customers. In this instance, the most functional place for this pick-up area is the east side of S.E. 1st Avenue at the corner of Atlantic Avenue. This would enable westbound departing visitors to make the left turn onto Atlantic Avenue reducing eastbound traffic flow. The area would have a twenty-foot (20') "NO PARKING" zone delineated to allow smooth transition from the curb to the travel lane. The pick-up area in this location will be located on the most convenient route from the associated valet parking lots thereby minimizing extraneous traffic circulation. At their March 27th meeting, the Parking Management Advisory Board unanimously recommended approval of the creation of an independent pick-up area on the southeast corner of S.E. 1st Avenue to service the queuing area on the first block of Atlantic Avenue east of Swinton Avenue. Mr. Aronson stated staff is recommending that the Commission approve the creation of an independent pick-up area on the southeast corner of S.E. 1st Avenue to service the queuing area on the first block of Atlantic Avenue east of Swinton Avenue. Mayor Schmidt stated he feels this is a good idea, however, there is a problem with traffic and there is no light. Mayor Schmidt stated for a car to make a left across the traffic to head west on Atlantic Avenue might alleviate the drop-off problem in the front but feels people will still have difficulty getting across Atlantic Avenue. Overall, Mayor Schmidt feels this will hurt more than it will help. Mrs. Archer stated if indeed there is a valet drop-off on S.E. 2nd Avenue with a pick-up behind the Grip Building it is now going to come out and intersect or join with the pick- up section that is on northbound S.E. 2nd Avenue and this may potentially cause a problem. Mr. Levinson stated he went out and actually stood there and thought it was going to be a problem too. However, Mr. Levinson stated that because of the valet stand the traffic backs up past Swinton Avenue so there is a considerable amount of time because there is no traffic coming east. The issue then is getting out to make a left with the westbound traffic stacked up at the light which cars were able to do. Because the proposal was discussed with PMAB that Sopra would deliver the cars back up that alley which in their opinion gave people an opportunity to make a southbound turn on S.E. 1st Avenue, go down two blocks to 2nd over to Swinton and then they could exit going westbound at the light at Swinton Avenue. Mr. Levinson agrees with Mrs. Archer that if someone is traveling east on Atlantic Avenue and then decides to turn right, this will probably be more difficult. Mrs. Archer stated she really is not so concerned about where people will be traveling once they get out but instead is concerned that the City now has two pick-up spots (one behind the building and one along side the building). Mrs. Archer stated her only concern was if traffic comes out of the parking for Sopra's Restaurant onto 1st Avenue and then tums across -26- 04/17/O 1 Atlantic Avenue, there are also cars that are being picked up from the 32 East restaurant drop- off. Mrs. Archer feels if people that do not come to get their cars in a timely fashion, it could potentially back up the entire length of the Grip Building. Ms. McCarthy stated she is challenged with this issue also. She stated she is challenged that the pick-up is feeding the traffic the wrong way and by giving a parking space in order to have these pick-ups to only feed the traffic back into the congestion does not make sense. She stated this is awkward and does not understand the reasoning as to why this is being considered. Mr. Aronson agrees that it is a challenging turn and commented that he did evaluate this before attending the meeting this evening. He stated if you are a visitor having your car delivered to you on Atlantic Avenue which is already congested, you will have just as much difficulty pulling out into the flow of traffic from the valet queue onto Atlantic Avenue heading eastbound. Ms. McCarthy stated that is anticipated difficulty and with a blinker eventually someone will let you out. However, Ms. McCarthy stated she feels this may be a safety issue to be concerned with. She suggested that staff look at adding these parking spaces that are not allowable at this time on the east side by flipping the parking queue to the west side. Mr. Aronson stated the street is not wide enough to sustain parking on both sides of the street. At this point, Mr. Aronson stated this was not intended to make it inconvenient for people but was done in an effort to minimize the congestion in the area of Swinton Avenue and Atlantic Avenue. Mr. Aronson stated if the valets are running 100 cars on a Friday night that is just 100 less cars driving in the busiest spot along Atlantic Avenue. Mr. Aronson stated that visitors who are not familiar with the area may not want to go over to S.E. 2nd Street to work their way back to get to 1-95, west Delray, or the turnpike especially if someone has come to Delray via West Atlantic Avenue. Mr. Aronson stated that most visitors coming to a town that they are not familiar will more than likely want to stay on the most acceptable route that they are familiar with and this is why people are being directed back to Atlantic Avenue as Atlantic Avenue is considered the "Gateway" to the town. Mrs. Archer suggested a six-month trial period and feels it could be very effective. Mrs. Archer stated that it does split the queue on Swinton Avenue and it does get the returning cars off Atlantic Avenue so there is not as much of a back up being created. Mr. Perlman stated the most attractive part to him is that this will hopefully alleviate the traffic backup. Mr. Dorling commented that the worst case scenario is if those cars would go to that intersection and turn right which is similar to the movement that they are doing now. However, you would have the benefit of splitting them and the congestion between the 1 st block would be relieved. -27- 04/17/01 Mr. Levinson stated he agrees with Commissioner McCarthy that if 2nd Street were a one-way street then there would not be a problem. Mr. Levinson stated that by sending people over to 2nd Street would only confuse them because now they are further away from Atlantic Avenue. If the City were ever to put this back in a two way mode, then it would certainly make a lot of sense for everyone to pick-up south if they are traveling south or north if they are traveling northbound. Ms. McCarthy commented that in some areas that are much larger and busier than Atlantic Avenue, a good valet company will offer assistance with directions knowing you may not be familiar with the area. She feels that a valet parking is not just about parking cars but is also about communicating well to its customers and being sensitive to the fact that a lot of people are not familiar with this area. Ms. McCarthy stated she likes the idea that the valet queue custom pick-up area be located off Atlantic Avenue but at the same time she cannot support this because she feels it may be a potential hazard. In addition, Ms. McCarthy stated this is the wrong place to have the valet queue and feels it is going in the wrong direction. Mrs. Archer moved to approve the request for a valet queue custom pick-up area on S.E. 1 st Avenue for a trial period of six months, seconded by Mr. Perlman. Prior to the vote, Mr. Levinson inquired whether or not this would be concurrent with the 32 East Valet Parking Agreement? Mr. Aronson stated he could either ask 32 East to amend their agreement. Mr. Levinson asked if a period of six months is concurrent with their agreement? In response, Mr. Aronson stated he believes their agreement ends in August, but he is not certain. Mrs. Archer stated comparatively speaking there is not a lot of traffic during the summer months. She requested that her preference be to see the trial period extend through December 1st. The City Attorney stated staff could amend the renewal agreement so that the renewal would be December and recommended that the motion be amended to reflect such. Mrs. Archer amended her motion for a trial period lasting until December 1 st, at which time staff will bring back for the Commission to review, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 1 vote. 9.C. IN-LIEU PARKING FEE/ELIZABETH'S ON 7TH RESTAURANT: Consider approval of $12,000 in-lieu of parking fee for one (1) parking space for Elizabeth's on 7th restaurant. At this point, Mrs. Archer left the dais. Paul Dorling, Planning Director, stated at its meeting of March 21, 2001, the -28- 04/17/01 Historic Preservation Board approved site and development plans for Elizabeth's on 7th Restaurant. The approval includes the enclosure of the 187-square foot covered porch, construction of a 225 square foot storage room/walk-in cooler, and a 300-square foot patio/dining area on the east side of the building. The site plan has been revised to provide 21 parking spaces on the property, which is sufficient to meet the parking requirements for the proposed building additions. However, an in-lieu payment for one parking space is required for the addition of the 300 square foot patio/dining area on the east side of the property. The applicant has requested approval to pay an in-lieu parking fee of $12,000 for the one required space. At its meeting of February 18, 2001, the Parking Management Advisory Board supported an in-lieu parking fee for one parking space only ($12,000) and recommended the balance be accommodated through a reconfiguration of the parking area. Mr. Perlman moved to approve the in-lieu parking fee in the amount of $12,000 for one parking space for Elizabeth's on 7th Restaurant, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Schmidt suggested Item 9.L. be moved forward on the Regular Agenda. 9.L. WAIVER REQUEST TO REDUCE PARKING/"ELIZABETH'S 7TH" RESTAURANT: Consider a waiver request to reduce the parking requirement for "Elizabeth's on 7th" restaurant by one space in order to save a specimen tree. At this point, Mrs. Archer returned to dais. Paul Dorling, Planning Director, stated the subject property is located on the east side of S.E. 7th Avenue, approximately 100' south of Atlantic Avenue. The site contains and existing house which has been converted to a beauty salon, and an associated parking lot. At its meeting of March 21, 2001, the Historic Preservation Board approved a site plan to convert the structure to a restaurant called "Elizabeth's on 7th''. As a condition of approval the applicant has redesigned the parking lot to accommodate all but one of the 21 required parking spaces. The applicant has requested an in-lieu fee option for the remaining space. The redesign of the parking lot would require removal of a very large mature black olive tree. If a waiver is granted to reduce the parking requirement by one parking space the tree could be accommodated within a landscape island. It is noted that prior to the rewriting of the LDR's in 1990, the Code contained an option to allow substitution of required parking to save specimen trees. The Black Olive Tree is approximately 30 to 35 years old with a trunk diameter of -29- 04/17/01 30 inches and a height of 40 feet. The tree is in excellent condition and requires only minor structural pruning. The tree canopy provides shade to the existing building and covers roughly one third of the site. Staff is requesting that the Commission consider a waiver to reduce the parking by one-space so that the Black Olive Tree can be accommodated within a landscape island and so that we can continue to have the shade versus removing it. Mr. Dorling stated the waiver could be granted based upon positive findings pursuant to LDR Section 2.4.7(B)(5). The City Manager stated that at one time the City's Code had a provision in it that specifically allowed this. However, the City Manager stated somewhere along the way the provision was dropped. Mr. Dorling stated in the re-write of the Code in 1990 it was not included and if the Commission is inclined to support this waiver request, staff will be coming back for initiation to reinstate that option into the LDR's. Mr. Perlman moved to approve the waiver to LDR Section 4.4.13(G)(1)(a) to reduce the parking requirement by one space to save a specimen tree based upon positive findings pursuant to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.D. SANDOWAY HOUSE REQUEST: Consider a request from Sandoway House Nature Center, Inc. to extend the closing time of the Ingraham Parking Lot on May 8th until 11:00 p.m. to accommodate their Astronomy Program. Robert A. Barcinski, Assistant City Manager, stated this is a request to consider a proposal from the Friends of Sandoway House Nature Center, Inc. to extend the closing time of the Ingraham Parking Lot until 11:00 p.m., on May 5, 2001, to accommodate their Astronomy Program. The Friends of Sandoway House Nature Center, Inc. is requesting to leave the Ingraham Parking Lot open to accommodate their Astronomy Program, which will be held on May 8, 2001 from 8:30 p.m. until 10:30 p.m. The lot closes at 8:00 p.m., and in order to accommodate their request, it would need to be left open until 11:00 p.m. As a condition of approval, Mr. Barcinski stated staff is recommending that the Sandoway House provide a volunteer to man the lot to ensure that only program participant's park in the lot. Mr. Levinson moved to approve the request from Sandoway House Nature Center, Inc. to extend the closing time of the Ingraham Parking Lot on May 8, 2001 until 11:00 p.m. to accommodate the Friends of Sandoway House Nature Center's Astronomy Program subject to the condition that they provide a volunteer to supervise the parking lot, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.E. CONTRACT AWARD/MAXIME LANDSCAPING (WEST ATLANTIC -30- 04/17/01 AVENUE LANDSCAPE MAINTENANCE): Consider approval of a contract award in the amount of $11,700.00 to Maxime Landscaping (third low bid) for the landscape maintenance for West Atlantic Avenue (west of CSX Railroad to Military Trail). Funding will be from 119-4144- 572-46.60 (Beautification Maintenance). Joe Weldon, Director of Parks and Recreation, stated staff is recommending approval of a contract award in the amount of $11,700.00 to Maxime Landscaping (third lowest bidder) for the annual landscape maintenance for West Atlantic Avenue (west of CSX Railroad to Military Trail). Mr. Weldon stated the second low bidder, F&S Complete Lawn Care Corp. does not have the proper safety equipment (i.e., traffic cones, signage and safety vests) likewise the second low bidder, Good Samaritan Lawn Service, does not have the proper safety equipment. The bid for Good Samaritan Lawn Service was in the amount of $11,445.00. Mr. Weldon explained the difference between the low bid and the third lowest bidder is $288.00. Ms. McCarthy stated she feels it to be very astute that people who respond to the City's bids can indeed do the job. With regard to the safety issues, Ms. McCarthy asked how difficult is it for a company to purchase traffic cones and were there other factors? Ms. McCarthy stated quite often in bidding, people bid things to do certain jobs and they do not put those requirements in place until after they have actually been awarded a bid. Ms. McCarthy asked for further explanation regarding this matter. Mr. Weldon stated on page 18 of the landscape maintenance bid specifications (bid #2001-09) under #8, PERFORMANCE clause, the second paragraph reads as follows: "All laborers must wear orange safety vests and all vehicles parking along the right-of-way must be marked with traffic cones. All landscape maintenance shall be in full compliance with the State of Florida Manual of Uniform Standards for Design, Construction and Maintenance for Streets and Highways." Ms. McCarthy asked if the second low bidder was willing to do this? In response, Mr. Weldon stated the City goes out and inspects it to make sure they comply with the specifications and does not question the bidders. Secondly, Mr. Weldon stated the first two firms are relatively small and take care of mostly residential property, and reiterated that the second low bidder had experience with gas stations. In this particular case, Mr. Weldon stated he would imagine that they may not of had all the manpower that the City would have liked. The City specify certain things in the Bid Specifications and staff goes out to ensure that they meet those specifications as far as having the proper manpower, the proper equipment, insurance, and all the necessary safety equipment. Mr. Weldon agrees with Ms. McCarthy that having to go out and purchase the safety equipment such as traffic cones is probably not a major thing for them but if they are not use to working in that -31- 04/17/01 environment, Mr. Weldon does not feel completely comfortable asking them to do so. The City Manager stated in reviewing this, he was more concerned with the lack of experience in doing jobs of this size or of a similar type, then he was about not having safety equipment because he agrees that it is not a big item to actually purchase. Mr. Weldon reiterated that he would be a little hesitant to send someone out to do the job without knowing whether or not they could do the job safely. Ms. McCarthy moved to approve the contract award in the amount of $11,700.00 to Maxime Landscaping (third low bidder) for the landscape maintenance for West Atlantic Avenue (west of CSX Railroad to Military Trail), seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.F. LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS: Consider approval of the Lien Review Advisory Committee's recommendations concerning outstanding liens on various properties. The City Manager stated he questions automatically waiving liens under $200, especially the newer ones. The City Manager stated although he concurs with the request that some of the outdated liens (i.e., liens from 1988) be written off, but questions the more recent liens and the wisdom of writing them off because they may have other violations that may occur in the near future. The City Manager stated unless there is an extenuating circumstance, then he cannot support the write-off of liens under $200 and reiterated he will not support waiving liens just because the amount is less than $200. The Commission concurred unless there is an extenuating circumstance, the City should at least cover out-of-pocket costs. Mr. Perlman moved to approve the Lien Review Advisory Committee's recommendations except for the automatic waiver of the liens under $200 unless there is an extenuating circumstance, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with at 5 to 0 vote. 9.G. AGREEMENT FLORIDA PUBLIC UTILITIES, CO.: Consider an agreement between the City and Florida Public Utilities Co., to stage personnel and apparatus on property located at 325 NW 2nd Street, during the hours of the Delray Affair. Brian Shutt, Assistant City Attorney, stated this item is before the Commission to allow the Fire Department to use the parking lot on the west side of Florida Public Utilities Company (FPUC) building located at 325 N.E. 2nd Street to stage personnel and apparatus during the hours of the Delray Affair in order to respond to events in the downtown area. -32- 04/17/01 This agreement provides that if a City employee, City vehicle, or person invited onto the premises by the City is injured, the City will not hold FPUC responsible for such injury or damage. Mrs. Archer moved to approve an agreement with the City and Florida Public Utilities Company to stage personnel and apparatus on property located at 325 N.W. 2nd Street during the hours of the Delray Affair, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.H. REQUEST GREEN MARKET RELOCATION: Consider approval of a request from the Historic Delray Green Market to relocate to Worthing Park for the remaining of this season which ends May 5th. Robert A. Barcinski, Assistant City Manager, stated this is a request from Lori Moore, Green Market Manager, to relocate the Historic Green Market to Worthing Park for the remainder of this season, which ends May 5th. This would include the remaining Saturdays until May 5th except the weekend of the Delray Affair. Mr. Barcinski stated on four different occasions this market season they had to move the Green Market due to events at the Tennis Center. Due to an education event last week at Old School Square, the Green Market was moved to Worthing Park instead of N.E. 1 st Avenue. Lori Moore, Green Market Manager, stated they are winding up their fifth year and asked the Commission to consider relocating the Green Market to Worthing Park for the remainder of this season, which ends May 5th, and for next year. Mr. Perlman moved to approve the request from the Historic Delray Green Market to relocate to Worthing Park for the remaining of this season and next year, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. After the vote, Ms. McCarthy asked for a reason as to why the Green Market is always held east of Swinton Avenue and encouraged everyone to please keep the area west of Swinton in mind too when deciding on a location. 9.I. POLICE RECRUITMENT & RETENTION INCENTIVE PROGRAM: Consider adoption of a Police Recruitment & Retention Incentive Program. The City Manager stated this is before the Commission to consider the adoption of a Police Recruitment & Retention Incentive Program. The policy would be available to All Employees, sworn and non-sworn, to be compensated for recruiting any candidates who are hired by the Chief of Police. Employees will be offered incentive bonuses for every candidate they recruit. The requirement for receiving the incentive bonus is that the candidate successfully -33- 04/17/01 completes the hiring process, and all required training for the position they have been hired. Any employee, who recruits a candidate that is ultimately hired and completes the required training, shall be eligible to receive a salary incentive bonus of $1,000.00. The recruiting employee would receive $300.00 at the time the recruited employee is hired and $700.00 once the recruited employee has completed the required training. In addition, to the cash incentive bonus, the recruiting employee will receive additional Personal Days if the candidate remains an employee of the Delray Beach Police Department at a rate of one (1) additional day per year for the next five (5) years. The City Manager clarified for Mr. Levinson that under Section II, Procedure Subsection 1.2, language should be added to read as follows: 1.2 In addition to the "one-time" cash incentive bonus, the recruiting employee will receive additional Personal Days if the candidate remains an employee of the Delray Beach Police Department. Mr. Perlman moved to approve the Police Recruitment and Retention Incentive Program with the additional language to Subsection 1.2 to reflect a one-time cash incentive bonus, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 0.J. PROPOSAL FOR SETTLEMENT IN FASHAW V. CITY OF DELRAY BEACH: Consider proposal of settlement in the Cynthia and George Fashaw versus the City of Delray Beach case. Staff recommendation is to deny. The Proposal inclusive of fees and costs. Settlement. for Settlement filed by Plaintiffs' attorney is for $10,000.00 The City Attorney's recommendation is to deny the Proposal for Mr. Perlman moved to deny the Proposal of Settlement in the amount of $10,000 inclusive of fees and costs, in the Cynthia and George Fashaw versus the City of Delray Beach case, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion to deny passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular member to the Civil Service Board for a two (2) year term ending April 1, 2003. Appointment to be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Allen Huntington as a regular member to the Civil Service Board for a two (2) year term ending April 1, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - -34- 04/17/01 Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 21-01: An ordinance amending Chapter 92, "Boats and Boating", Section 92.10, "Mooring to Public Property" of the City Code of Ordinance to prohibit prolonged dockage at Veterans Park, and also the use of City electricity and other utilities while docking. If passed, a public hearing will be scheduled for May 1,2001. The City Manager presented Ordinance No. 21-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING HEADING, "GENERAL PROVISIONS", SECTION 92.10, "MOORING TO PUBLIC PROPERTY", TO SPECIFY THE LENGTH OF TIME A PERSON IS PERMITTED TO DOCK AT VETERANS PARK, LIMITING THE USE OF CERTAIN CITY FACILITIES IN VETERANS PARK AND REFERENCING LDR SECTION 4.3.3(U) RESTRICTING LIVE ABOARD VESSELS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-01 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. Mr. Perlman moved to approve Ordinance No. 21-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 31-01: An ordinance amending Chapter 73, "Parking Schedule" of the City Code of Ordinance by extending the two-hour parking regulation along Atlantic Avenue, east of Swinton Avenue to State Road A1A, to 8 p.m. If passed, a public hearing will be scheduled for May 1,2001. The City Manager presented Ordinance No. 31-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE", CHAPTER 73, "PARKING SCHEDULES", SCHEDULE I. "TWO-HOUR/FOUR-FOUR PARKING ZONES", BY AMENDING SUBSECTION (B), "TIME LIMIT", TO -35- 04/17/01 PROVIDE THE PARAMETERS FOR PARKING ON ATLANTIC AVENUE FROM SWINTON TO A1A; PROVIDING FOR A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 31-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 20-01: An ordinance amending Chapter 97 "Health and Safety", by creating Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinance thereby adopting a method to be adhered to by Vegetation Maintenance Companies and Public Utility Companies within the City of Delray Beach in order to help control the spread of Citrus Canker. (In light of the changes made to this ordinance it is staff's recommendation to consider it again for First Reading). If passed, a public hearing will be scheduled for May 1,2001. The City Manager presented Ordinance No. 20-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A METHOD OF CITRUS CANKER DECONTAMINATION TO BE ADHERED TO BY VEGETATION MAINTENANCE COMPANIES AND PUBLIC UTILITY COMPANIES WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Perlman moved to approve Ordinance No. 20-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. -36- 04/17/01 The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Archer With regard to Carver Middle located on Barwick Road, Commissioner Archer stated that when the children get out of the school they are using sidewalks on the East side of Barwick Road because there are no sidewalks on the West side of the street. However, Ms. Archer stated that on three separate occasions within the last month students easily "jay walk" back and forth across Barwick Road. Mrs. Archer stated she nearly struck a child while driving down Barwick Road and expressed concern over the safety of the children. She asked if there is a possibility of notifying the school and encouraged the Commission that something be done. Mrs. Archer feels first, the students need to understand it is not appropriate to "jay walk" across Barwick Road, and secondly, that a crossing guard or someone be placed in the middle of the block to watch the children. The City Manager commented that the City has received a very similar complaint regarding the students from Banyan Creek Elementary School (north of Lake Ida Road). Ms. McCarthy suggested that an additional school crossing guard be placed at the north exit from the school. The City Manager stated the City can most definitely look into this matter and explained that at Atlantic High School the students would basically disregard the school crossing guard or an officer. Therefore, an assistant principal was placed outside to watch the students and explained that an assistant principal knows all the students and can take disciplinary action within the school system. Mrs. Archer stated she feels the Commission should have recognized the 2001 Senior Games Multiple Medal Winners by having them individually stand and be applauded. 13.C.2. Commissioner Perlman Commissioner Perlman requested that the City Manager look into the issue of the shark feeding and come back to the Commission with a recommendation. With regard to the census information, Mr. Perlman inquired as to whether or not this is all we have right now? In response, the City Manager stated he would look into this matter. -37- 04/17/01 Mr. Perlman thanked and commended Robert Barcinski, Assistant City Manager, for his work regarding the Tennis Facilities Task Team. Mr. Perlman stated this was very labor intensive and expressed his appreciation for a job well done. 13.C.3. Commissioner McCarthy Ms. McCarthy commented about the names of the 2001 Senior Games Multiple Medal Winners and asked for clarification as to whether or not the individuals in the audience this evening were indeed the actual winners. Ms. McCarthy stated she understands the concerns expressed by Mr. Williams and Ms. Beer regarding the CRA and would like to have them recruit applications so that the Commission will have more choices to select from. Commissioner McCarthy also stated that the Roots Classic had Harry T. Moore present for a "book signing" last night and County Commissioner Addie L. Greene was also in attendance. Ms. McCarthy stated the book was about Florida's History and the changes that have occurred. She stated the book signing was well attended and the impact was wonderful. Ms. McCarthy announced and reminded everyone that on April 27th the Palm Beach County Conference of Black Elected Officials will be held at 5:00 p.m. in the Northern Trust Building, located at 770 East Atlantic Avenue, 2nd Floor Conference Room. Ms. McCarthy encouraged representatives from the City to attend this meeting. At this point, the City Manager informed Ms. McCarthy that both he and Mr. Barcinski would be at the City Manager's Best Practices Conference on that date. Ms. McCarthy asked that the City Manager send Lula Butler, Director of Community Improvement, if possible. 13.C.4. Commissioner Levinson Commissioner Levinson had no comments or inquiries. 13.C.5. Mayor Schmidt. Mayor Schmidt stated he would like to move forward regarding the issue of the shark feeding and will await a recommendation from the City Manager. Mayor Schmidt stated the Commission voted to move ahead with the Goal Setting Session and a public hearing. He asked the Commission if they would like to handle the invitations the same way as last year with each Commissioner inviting 10 people. It was the consensus of the Commission to proceed with each Commissioner inviting ten individuals. -38- 04/17/01 At this point, Mr. Levinson suggested that staff provide the Commission with a list of the Vision 2010 appointees so they might take it into consideration and perhaps invite different people to the GOAL Setting Session thereby broadening citizen participation. at 9:50 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned ATTEST: MAYOR Acting City Clerk The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on e~' 2001, which minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -39- 04/17/01 WHEREAS, the Sister City Program was initiated by President Dwight D. Eisenhower in 1956 as an avenue to open communication and a means to promote friendship and understanding between nations and lessen the chance of future world conflicts; and WHERF_.AS, the relationship between the people of Miyazu, Japan, and Delray Beach, Florida, actually began at the turn of the century when the Florida East Coast Railway helped Jo Sakai establish the Yamato Colony along the railroad near Boca Raton; and WHEREAS, among those early settlers was George Sukeji Morikami, whose hometown was Miyazu, Japan, and who later donated his land near Delray Beach to the County of Palm Beach and which now is home to the Morikami Museum and Japanese Gardens; and WHEREAS, the Sister City program serves as a vehide to bring people of different geographic areas of the world together. To that end, the City of Delray Beach, Florida and Miyazu, Japan established a Sister City affiliation in April 1977; and WHEREAS, during the past 24 years our communities have had dty offidals and dtizens exchange visits and have recently established Student and Business Exchange Programs. Delray Beach Sister Cities is enthusiastically sending ks second Student Exchange delegation to Miyazu on June 9, 2001; and WHEREAS, the relatiomhip between Miyazu and Delray Beach brings about a great sense of brotherhood, frien&hip and amity between our two great dties. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of DeL-ay Beach, Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby recognize LEXIE BROWN GRANT CHANG-CHIEN ANDREW CHAO TERESA GARCIA and D'JENIE HELNE as Student Ambassadors representing both the City of Delray Beach and the Student Body of Atlantic High School. We send our best wishes for good health and fortune to all the dtizens, and especially the Students, of Miyazu, Japan, and extend our hands in friendship and peace. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of th the City of Delray Beach, Florida, to be affixed this 5 day of June, 2001. DAVID W. SCHMIDT MAYOR WHEREAS, homeownersh¥ contributes to a strong economy, builds communities, and has come to symbolize the reali?ation of the American Dream; and WHEREAS, the City of Delray Beach is actively engaged in increasing homeownership oppommities for the people of Delray Beach and is doing so through the successful efforts of a partnership of public, private and nonprofit organizations; and WHEREAS, the City of Delray Beach has, primarily through the use of local and private resources and countless hours of volunteer work, managed to facilitate 125 new homeowners over the past three years under the Renaissance Partnership and using the federally-funded HOPE 3 Program, 12 existing homes were acquired, rehabilitated and are now occupied by first-time homebuyers; and WHEREAS, the City has provided existing homeowners with decent, safe and standard residences through the provision of housing rehabilitation spending over $3 million dollars over the last 6 years. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, on behalf of the City Commission, call upon the people of Delray Beach to recognize this spedal observance with appropriate ceremonies and activities and do hereby proclaim June 4 -8, 2001 as "NATIONAL HOMEOWNERSHIP WEEK" IT WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida to be affixed this 5~h day of June, 2001. DAVID W. SCHMIDT MAYOR CITY OF DELRrlY BErlgH CITY ATTORNEY'S OFFICE DELRAY BEACH Al~AmedcaCity 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM May 29, 2001 City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Access Easement Agreement with Crossroads Club and Elks Club The attached access easement agreement allows a second point of access from the proposed parking lot for the Crossroads Club over the Elks Club property. The City's L.D.R.'s require the second access point. The Access Easement Agreement also provides for access from the Elks Club Parking lot over the Crossroads parking lot and onto the City owned property. This access is necessary for the Elks Club as pursuant to an agreed order of taking, executed in 1993, the Elks Club is allowed the use of area shown on Exhibit "A", as Parcel "B", for parking purposes. This Agreement also allows the City vehicular access to Parcel "B". Please place this item on the June 5, 2001 City Commission agenda for approval. Please call if you have any questions. CC: Barbara Garito, Acting City Clerk Jeff Costello, Principal Planner Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 ACCESS EASEMENT AGREEMENT THIS AGREEMENT, made this ~ \ day of ~t~ PI5/ , 200!, by and between THE CRC RECOVERY FOUNDATION INC., ("CRC") with an address of 306 N.E. 2nd Street, Delray Beach, Florida, DELRAY BEACH CLUB NO. 1770, BENEVOLENT & PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF AMERICA, ("ELKS") with an address of 265 N.E. 4th Avenue, Delray Beach, Florida, a non-profit corporation of the State of Florida, and the CITY OF DELRAY BEACH, ("CITY"), with an address of 100 N.W. 1st Avenue, Delray Beach, Florida, a municipal corporation in Palm Beach County, State of Florida, NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The parties hereby grant to each other a non-exclusive easement for ingress and egress to enter upon, across, and over the properties shown in Exhibit "A", attached hereto, ("the Property") for the purpose of pedestrian and vehicular access. 2. The parties agree that this Access Easement Agreement shall be recorded in the Public Records of Palm Beach County, Florida. The access easement granted herein shall not be transferred, assigned, sold or otherwise conveyed except by a written document executed by an authorized signatory of all the parties. 3. The parties hereby agree that each party shall be responsible for the maintenance and repair of each party's parcel encompassed with the grant of the easement contained herein. 4. For the payment of additional consideration of Ten Dollars ($10.00), receipt of which is hereby acknowledged, CRC and ELKS shall, and hereby agree to indemnify and hold the CITY harmless from and against any and all judgments, damages, claims, demands, losses, liabilities and other costs and expenses, including reasonable attorney's fees incurred in the defense-thereof, that may be incurred by reason of any loss, damage or injury to any person or property resulting directly or indirectly by reason of the use of the CITY owned parcel. 5. CRC is the owner of the property referred to as Parcel A on Exhibit "A". ELKS is the owner of the property referred to as Parcel C on Exhibit "A". The CITY is the owner of the property referred to as Parcel B on Exhibit "A". 6. The property owned by CRC and ELKS, and referred to as Parcels A and C on Exhibit "A", shall be improved in accordance with an approved site plan that is accepted by the CITY. The property owned by the CITY, and referred to as Parcel B on Exhibit "A", will not be improved beyond its current condition. 7. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 8. This Agreement constitutes the entire agreement and understanding of the parties. 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. parties. This Agreement shall be considered null and void unless signed by all three 10. This Agreement may not be assigned by any party without prior written consent of the other two parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. WITNESSES: . ,...-. Print N~e: ~ THE CRC RECOVERY FOUNDATION INC. Print Name: Z,~z.~,,,c,z STATE OF lffC.olZt~>P~ COUNTY OF ~t{_.l~L ~ The foregoing instrument was ack~nowledged beL04~e me this._..]lTt-'day of 200L, by Ltqtl)~O.~ P,.. ~.,ToM as p/£~,5[~1 f. officer or agent, title of officer or a_gent), of ~,~_. ~:'~0~£? /~o~)n77/~td (name of corporation acknowledging), a b-~O£/b/~ (state or place of incorporation) corporation, on behalf of (type of identifi~en~on./)~ the corporation. He/~qhe-i~per sonall~, known/l~ Signature of Person T'~ing 8 ~ , E'iNISEGODFP'P! ~:,~7~ ?~ucs-r^'r£ov~-:,~t~ Name Typed, Printed or St/r~ I CO s oN NO.C'i : WITNESSES: q'rint Nam-e~ / Print ~lam~: STATE OF F/o~l~/~_ COUNTY OF/-t~-~ ~g.o.g~ ~i'ne or has produced )ed DELRAY BEACH CLUB NO. 1770, BENEVOLENT & PROTECTIVE ORDER OF THE ELKS OF THE UNITED STATES OF AMERICA 'P-rirff Nam~-'--~,~-g>~Se_/~/<~/=. BARBARA R. SUNUNU Notm'y Public. State dFIol'lda My comm. ~q~. Jan. 6. 2004 Comm. No CC900372 The foregoing instrument was acknowledged before me this ,'~'dday of (na/~'~4m6 of ,200/_, by F,.-ode.,',ei: , as 7-)-~e¢ officer or agent, title of officer or agent), of /'~t'rt~__ ~¢o,r.~ ¢/~ ~oS,~e ~t/?70. (name of corporation acknowledging), a /-~/o-,-/,::v',=a._ (state or place of lncorporanon) corporation, on behalf of the corporation. ~She is personally known to me o~nax-Fn:~a~ Sign~ature of Person Taking Acknowledgment Name Typed, Printed or Stamped ATTEST: City Clerk Approved as to Form: ~City Attorney CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor 3 ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager Robert A. Barcinsld, Assistant City Manager Agenda Item City Commission Meeting June 5, 2001 Approval - Third Amendment Encroachment Agreement/ Lake Worth Drainage District DATE: May 29, 2001 Action City Commission is requested to approve the Third Amendment to the Encroachment License agreement between the City and the Lake Worth Drainage District for an encroachment of part of the 1st tee and the employee parking on the west side of the canal at the Municipal Golf Course. Background The City originally entered into an encroachment agreement for a portion of the 1st tee and employee parking at the golf course in October 1994. This agreement has been renewed and amended. We had requested a 10-year renewal, however the Drainage District has only approved a five (5) year amendment at the end of which the encroachments must be removed. The tee encroachment has existed for at least twenty- five (25) years and the parking lot encroachment was created when the new clubhouse was built in 1994. Recommendation Staff recommends approval of the Third Amendment to the Encroachment agreement between the City and the Lake Worth Drainage District for the 1 st tee and employee parking lot at the Municipal Golf Course. The City Attorney's office has reviewed the agreement for legal sufficiency. RAB/tas File:u:sweeney/agenda Doe:Memo to DTH re Encroachment Agreement Approval LAKE WORTH DRAINAGE DISTRICT 13081 MILITARY TRAIL DELRAY BEACH, FLORIDA 33484 CITY MANAGER ! C Stanley Weaver Kermlt Dell John I Wh~tworth III Murray R Kahsh Andy Edwards Secretary/Manager William G, Winters Assistant Manager Ronald L Crone Attorney Perry & Kern, P.A. April 27, 2001 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 NW 1" Avenue Delray Beach, FL 33444 Re: Encroachment License Agreement - LWDD E-4 Canal City of Delray Beach - Municipal Golf Course LWDD File No. 94-854 Dear Mr. Barcinski: This letter will confirm the decision of the Board of Supervisors of Lake Worth Drainage District at its meeting April 11, 2001, wherein it was agreed to grant a five-year extension from April 11, 2001 to April 11, 2006, for the City of Delray Beach to maintain an existing golf tee and employee parking, which encroach into the District's E-4 Canal right-of-way. Further, that this would be the last extension granted to the City of Delray Beach. Enclosed herewith please find the proposed Third Amendment to Encroachment License Agreement for your review and execution by the City of Delray Beach. If you should have any questions, please do not hesitate to contact this office. Sincerely, COUNSEL TO LWDD MAP:fac Enclosure c: William G. W~nters, Manager LWDD Ronald L. Crone, Assistant Manager LWDD Delray Beach & Boca Raton (561) 498-5363 · Boynton Beach & West Palm Beach (561) 737-3835 · Fax (561) 495-9694 Webs~te: www LWDD.net RETURN TO: LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484 PREPARED BY: MARK A. PERRY, ESQ. 50 S.E. Fourth Avenue Delra¥ Beach, FL 33483 THIRD AMENDMENT TO ENCROACHMENT LICENSE AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT entered into this the day of_ ,2001, by and between the LAKE WORTH DRAINAGE DISTRICT, a Special Taxing District, of the State of Florida, whose mailing address is 13081 Military Trail, Delray Beach, Florida 33484, hereinafter referred to as "DISTRICT" and CITY OF DELRAY BEACH, whose mailing address is 100 NW First Avenue, Delray Beach, Florida 33444, hereinafter referred to as "DELRAY BEACH"; and WHEREAS, the parties entered into that certain Agreement made the 12th day of October, 1994, by and between LAKE WORTH DRAINAGE DISTRICT and CITY OF DELRAY BEACH, as recorded in Official Records Book 8474, Page 1286 of the Public Records of Palm Beach County, Florida; and WHEREAS, the original Agreement was extended for a one year period from March 13, 1996 to March 13, 1997 by that Amendment to Encroachment License Agreement dated April 23, 1996, as 'recorded in Official Records Book 9254, Page 786 of the Public Records of Palm Beach County, Florida; and WHEREAS, the original Agreement was extended for an additional three year period from January 15, 1997 to January 15, 2000 by that Second Amendment to Encroachment License Agreement dated February 25, 1997, as recorded in Official Records Book 9697, Page 1355, of the Public Records of Palm Beach County, Florida; and WHEREAS, DELRAY BEACH desires to extend the term of the Encroachment License Agreement for an additional five-year period; LF#94-854 WHEREAS, DISTRICT has agreed to said extension, subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, DISTRICT and DELRAY BEACH agree as follows: 1. That the above recitals are true and correct. 2. DISTRICT and DELRAY BEACH agree to extend the term of the original Agreement for an additional five-year period, from April 11, 2001 to April 11, 2006. 3. DELRAY BEACH shall be responsible for the payment of the reasonable attorneys' fees incurred by or arising out of the DISTRICT entering into and enforcing this Third Amendment to Agreement. 4. This five year extension shall be the last extension granted and DELRAY BEACH shall make arrangements within the five-year period to have the golf tee and parking area removed from DISTRICT'S right-of-way 5. In all other respects, the terms and conditions of the original Agreement shall remain in full force and effect, and binding upon the parties. IN WITNESS WHEREOF, the parties have hereunto executed this Amendment to Agreement the day and year first above written. WITNESSES: Approved as to Form and Legal Sufficiency By: Mark A. Perry Counsel to LWDD LAKE WORTH DRAINAGE DISTRICT By: Attest: C. Stanley Weaver Sr. Vice President 13081 Military Trail Delray Beach, FL 33484 William G. Winters, Secretary 13081 Military Trail Delray Beach, FL 33484 Corporate Seal LF#94-854 Approved as to Form and Legal Sufficiency By: City Attorney CITY OF DELRAY BEACH By: David Schmidt, Mayor 100 NW First Avenue Delray Beach, FL 33444 Attest: City Clerk Printed Name Corporate Seal STATE OF FLORIDA : COUNTY OF PALM BEACH : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared C. STANLEY WEAVER and WILLIAM G. WINTERS, the President and Secretary respectively, of the LAKE WORTH DRAINAGE DISTRICT, both of whom acknowledged that they executed the foregoing instrument, both of whom are known to me, and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the ~ day of ,2001. NOTARY PUBLIC Notary Stamp or Seal LF#94-854 STATE OF FLORIDA : COUNTY OF PALM BEACH : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared DAVID SCHMIDT and , the Mayor and City Clerk, respectively of the CITY OF DELRAY BEACH. They are personally known to me and did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the ~ day of ,2001. NOTARY PUBLIC Notary Stamp or Seal LF#94-854 I~1~!,1~1,I~1 II I'1 llllli l,l,l l l lllll Q (3 Q OO [ ' 01'04'~3' £0 Q oi ?~,7.40'$ 01'3~'0~ . £1TY OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH AII.Amedca City 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct L~ne' 561/243-7091 May 23, 2001 City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Encroachmem Agreemem with Community Child Care Center The attached encroachmem agreemem allows the Community Child Care Center to place pavers, walkways, overhangs and dumpster pods, as shown on their site plan, in the public right-of-way. The initial term of the agreement is 25 years and allows for extensions in 10 year terms thereafter. Please place this item on the June 5, 2001 City Commission agenda for approval. Please call if you have any questions. CC: Barbara Garito, Acting City Clerk Dan Marf'mo, Principal Planner ENCROACHMENT AGREEMENT THIS AGREEMENT is entered into this the ~ day of .... 2001, by and between COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., whose mailing ~ ~_[.~. ¥o~r~.h Str~et~ Delrav Beach. "Owner", and CITY OF DELRAY BEACH, whose mailing address Avenue, Delray Beach, Florida 33444, hereinafter referred to as "City". address is FL3344,4hereinafter referred to as is 100 N.W. 1st WHEREAS, public right-of-way is located on the property described in Exhibit "A"; and WHEREAS, Owner has requested permission from the City to place certain encroachments into the public right-of-way; and WHEREAS, the City has no objection to the use of the right-of-way by Owner, subject to the terms and conditions of this Agreement; and WHEREAS, the City does not intend to abandon its interests herein and Owner understands that upon the request of the City all encroachments shall be removed. NOW, THEREFORE, for good and valuable considerations, received by each party from the other, it is hereby agreed as follows: 1. That the above recitals are true and correct and incorporated herein. 2. City grants to Owner the right to encroach into the public right-of-way with overhangs, pavers, walkways and dumpster pods as shown on the Site Plan for the Morton Downey Family Resource Center, dated December 15, 2000, by Robert G. Currie Partnership. 3. City shall have no maintenance obligations over the public right-of-way area as shown on Exhibit "A" during the period of encroachment. Given the close proximity of the structures placed in the public right-of-way, the Owner shall be responsible for maintenance as long as the encroachment exists. 4. Owner and City agree that the subject Agreement shall be for a period of 25 years and that Owner may apply to the City for extensions in the amount of 10 year terms, unless terminated earlier as provided herein. 5. Owner agrees to indemnify and hold harmless the City from any and all liability costs and expenses the Owner may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement, including any damage to any structure placed in the public right-of-way by Owner, and including but not limited to, any damage or injury to the public, the CITY, or its employees and agents. 6. Owner shall insure the City against any and all liabilities that may arise out of the terms and conditions of the subject Agreement, listing the City as an additional named insured, and that such insurance coverage shall be kept in full force and effect during the term of this Agreement, and the expenses of the same shall be borne by Owner or its successors and/or assigns. Proof of such coverage shall be delivered to the City on an annual basis. 7. Notwithstanding Paragraph 4, the City may at any time, by giving thirty (30) days written notice, demand of Owner, for the immediate discontinued use of the public right-of-way, and the removal of any structures in the public right-of-way, the same to be accomplished at the sole expense of Owner and such expense shall include legal expenses and costs that the City may incur to enforce its rights involved herein. 8. All notices required or allowed by this Agreement shall be delivered in person or mailed by certified mail, return receipt requested, postage prepaid, to the party upon whom such notice is to be given at the following addresses: City: City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 Copy to: City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 Owner: Cnmm~m~¥ Child Care Cen~er of Delray Beach, Inc. 555 N.W. Fourth Street Delra¥ Beach, FL 33444 This Agreement shall in no way be construed or intended by the City of an reasserts its intent that it does not wish to abandon the public right-of-way as shown on Exhibit "A". The parties have hereunto executed this Encroachment Agreement on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By:. City Clerk David W. Schmidt, Mayor Approved as to Form: WlTNEbS~ David B. D~c~en~on (please type or print name) OWNER: COMMUNITY CHILD CARE CENER OF DELRAY BEACH, INC. ~nnt Name: Th t~,~,~ .. ~2,¢~ ~?..~ intent to abandon the public right-of-way as shown on Exhibit "A", in fact the City Sandy Coherf (please type or print name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was May , 2001 by Thomas N. acknowledging), who is personally take an oath. acknowledged before Murphy, Jr. known to me or me this 9th day of (name of person who has produced (type of identification) as identification and who did (did not) Signature of Notary Public - State// of Florida EXHIBIT "A" MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~D - REGULAR MEETING OF JUNE 5, 2001 REPLAT APPROVAL/COMMUNITY CHILD CARE FACILITY DATE: JUNE 1, 2001 This is before the City Commission to approve the replat for the Community Child Care Facility located between Lake Ida Road and NW 4~ Street. The property is being replatted to consolidate parcels, dedicate right-of-way, and provide access and utility easements. Recommend approval of the replat for the Community Child Care Facility. Ref:Agmemo 10.Final Community Child Care Facility.06.05.01 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 Barron E. Caronite, PE, Assistant City Enginee~/~--~ ~ /--, May 29, 2001 Community Child Care Center Replat No. 1 Please find an agenda request for Commission approval of the subdivision plat for Community Child Care Center Replat No. 1 attached. The property is being platted to consolidate parcels, dedicate right-of-way, and provide access and utility easements. I have enclosed a location map and a reduced copy of the plat. If this meets with your approval, please place it on the June 5, 2001 Commission meeting for Commission approval. Encl. File: cc; TAC: S:lengadmin/tac/community child care/agmerno060501.doc Randall Krejcarek, P.E., City Engineer Dan Marfino, Principal Planner Community Child Care L A K E I D A R 0 A .! ', ; : ' ', , , , , , ~ _.,:' ',~ ~- ' ' m A k" ¢"' D A R O A D .................. N W.- 41H ~.,._ _.ST ' ' '"-.~¢,.~ '-- ' ' ~ ..................................... ,, i,_ ...... ~ ....... I ....... ; ...... ]---.: '- ...... '-- .... ~ ' _. "____: ~ .... ::- ...... : ......... :: ....... ., ~ ,. ..... i,_L _.: ,,_ ............... , : _',_ .... ,'- .... , ..... ,, ....... , ....... -, ..... ~ ,W ', ~W~ ~ ' . .... ~'W 'W ......... ' .............. : '* :~ ..... ~-- .... l~rs.r-- .... W ...... ,, - ,> ....... '~- -- > ....... , ~ ...... ~ ...... ' ...... -4~ ......... - ..... f-' ---- -' .... -', , , , , , I ~ ~ ,, ......... % , ', .................. ,. . . ......... MAR~N LURER ~- KING JR. DRI~ ---__j,, .......... ....... ',~ ;--~ .......... T~ ............ , ................ ~ ...... 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"~ .... z*-:~--~]%%~z'' ~~ ..... ~ ...... , ATLANTIC AVENUE ...................... of DELRAY BEACH COMMUNI~ CHILD CARE CEN~R E~~ 8E~8 DEP~~ REPLAT NO. 1 co~ccc ~~.~~~~~ LOCA~ON MAP 2001-20( ENV IRONI~ENTAL SRV DEPT ~ 05/31 Ol THU 10. 24 FAX 561 243 7314 / / / / / / / / O0 gel Agenda Item No. ~ Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: May 29, 2001 When: June 5, 2001 Description of item (who, what, where, how much):Approval of the Plat for Community Child Care Center Replat No. 1. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Plat for Community Child Care Center Replat No~.~ Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: ~ ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-Community Child Care file:s/engadmin/tac/Community Child Care/ag060501.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS AGENDA ITEM ~'b' ' REGU~ MEETING OF J~E 5, 2001 G~NT AGREEMENT FOR PROG~BLE ELECTRONIC MESSAGE SIGNS DATE: JUNE 1, 2001 This is before the City Commission to approve and authorize the Mayor to sign a Grant Agreement with the State of Florida, Department of Community Affairs, for an Emergency Management Preparedness and Assistance Trust Fund grant in the amount of $50,000 to purchase two (2) Programmable Electronic Message Signs specifically designed to further emergency management capabilities. No matching funds are required. Recommend approval of the grant agreement and authorization to submit. Ref-Agmemol 1.CommumtyAff~ursGrant ElectromcMessageSigns.06.05 O1 DE JEB BUSH Governor ,.:j MAY IS 2001 STATE OF FLORIDA Lj_C,'F~/~.- .... PARTMENT OF "Dedicated to making Florida a better place to call ho~ STEVEN M. SEIBERT Secretary May l5,2001 Mayor David W. Schmidt City of Delray Beach 100 N.W. lst Avenue Delray Beach, FL 33444 Dear Mayor Schmidt: The Department of Community Affairs is pleased to forward to you an agreement for your recently awarded competitive grant funded from the Emergency Management Preparedness and Assistance Trust Fund. Enclosed are an original and three (3) copies to be executed by the proper official for an amount not to exceed $50,000. Twenty five (25) percent of the award may be advanced. Please indicate on Attachment F, Funding/Consideration, section C., 1 or 2, whether or not an advance payment will be requested. All such requests must be accompanied by a detailed justification as to the need for advancing the funds. Payment of reimbursable expenditures may be requested thereafter, at the end of each quarter. After your review, please have the appropriate official sign and remm all four documents to this Department within thirty (30) days of the date of this letter for final execution. A fully executed copy will be returned for your records. Congratulations on your award; we look forward to working with you on this program which was specifically designed to further emergency management capabilities in the State of Florida. If you have any questions, please contact me (850) 413-9894 or Sonya Odom at (850) 413-9939. Sincerely, Edgar W. Gonesh, Manager Emergency Management Preparedness and Assistance Grants Program EWG/so Enclosures 2555 SHUMARD OAK BOULEVARD -TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address' http://www.dca.state f'l us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas H~ghway, Suite 212 25555humard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399.2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399.2100 (305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 488-7956 Agreement Number: 02CP-04-10-60-02-205 STATE FUNDED GRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Delray Beach, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes, and Rule Chapter 9G-19, Florida Administrative Code, to disburse funds for emergency management grants to eligible recivients; and WHEREAS, the Recipient has been awarded funds under the above-referenced authorities after completion of the competitive awards process; and WHEREAS, Recipient agrees to comply with all the requirements applicable to said award, as supplemented by the terms and conditions in this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: SCOPE OF WORK AND FUNDING The Recipient shall undertake and fully perform the scope of work identified in its application for the competitive grant award, in accordance with the Scope of Work included as Attachment A of this Agreement. Funding up to $50,000 shall be provided on a reimbursement basis, in accordance with the budget to be submitted by Recipient pursuant to the requirement in Attachment A. For any advance payment, refer to Attachment F for additional terms and conditions. All terms and conditions set forth in Attachment F are incorporated as if set out fully herein. II. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including, but not limited to, those identified in Attachment B of this Agreement. III. PERIOD OF AGREEMENT Vo This Agreement shall begin on July 1, 2001 and shall end June 30, 2002, unless terminated earlier in accordance with the provisions of Paragraphs VII. or IX. or XIV. of this Agreement. Final requests for reimbursement shall be submitted no later than thirty (30) days after the termination date of the Agreement. Any requests received after August 15, 2002, may, in the discretion of the Department, not be reimbursed fi.om this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. MODIFICATION OF AGREEMENT; REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function, or activity set forth in Attachment A to this Agreement, and shall be reported in accordance with the reporting requirements of Attachment D. LIABILITY Except as otherwise provided in subparagraph 03) below, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. 2 Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. VII. NONCOMPLIANCE, DEFAULT, REMEDIES, AND TERMINATION If the Recipient fails to comply with any term applicable to an award under Rule Chapter 9G-19 F.A.C., or this Agreement, the Department may take one or more of the following actions, as indicated by the attendant circumstances: temporarily withhold cash payments, pending correction of the deficiency, or withhold the final 10 percent of the grant award until the final work product is completed, submitted and determined to be acceptable by the Department; 2. disallow all or part of the cost of the activity or action not in compliance; 3. suspend or terminate the award; disallow future participation in the program or funding provided under this rule chapter; 5. recover all funds provided under the current award. Costs of the Recipient resulting from obligations incurred by the Recipient during suspension or after termination of an award are not allowable unless the Department expressly authorizes them in the notice of suspension or termination, or subsequently authorizes them in writing. Other Recipient costs during suspension or after termination which are necessary and not reasonably avoidable may be allowable if: the costs result from obligations which were properly incurred by the Recipient before the effective date of the suspension or termination, are not in anticipation of the suspension or termination, and, in the case of termination, are not cancelable, and o the costs would be allowable if the award were not suspended or expired normally at the end of the period in which the termination occurs. 3 Co Do Eo Recipient of terminated grants shall remain obligated to provide all required closeout information. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous Agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; ° If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; ° If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage 4 Go prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (1 O) herein; Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; Exercise any other rights or remedies which may be otherwise available under law; The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. The Recipient shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. This ~kgreement may be terminated by the written mutual consent of the parties. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. VIII. NOTICE AND CONTACT All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. Ao The Department designates Edgar W. Gonesh, Manager, Emergency Management Preparedness and Assistance Program, Division of Emergency Management, as the Department's Contract Manager. All communications, written or oral, relating to this. Agreement shall be directed to him at the following address: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 For the Recipient, all communications, written or oral, relating to this Agreement shall be directed to the following: Recipient's Contract Managers Name and Address: IXo In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in Paragraph VIII. A and B above. OTHER PROVISIONS The validity of this Agreement is subject to the troth and accuracy of all the information, representations, and materials submitted or provided by the Recipient, in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas 6 Co Do go of employment, public accommodations, transportation, State and local government services, and in telecommunications This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or role, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict or unenforceability, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, thetL forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11 (g)2. of this certification; and have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same fight or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. More than one copy of this Agreement may be executed. Any copy with original signatures may be considered an original. X. AUDIT REQUIREMENTS Ao The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Deparlxnent. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. In the event that the Recipient expends State awards (i.e., State of Florida financial assistance provided to Recipient to carry out a State project), from all state government sources equal to or in excess of $300,000 in total in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 216.3491, Florida Statutes and with applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. See Attachment G for further audit requirements. 8 XI. SUBCONTRACTS AND PROCUREMENT If the Recipient subcontracts any or all of the work required under this Agreement, the Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department. The Recipient agrees to include in the subcontract that the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. See Attachment E for any additional terms and conditions pertaining to subcontracts. TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. ATTACHMENTS A. All attachments to this Agreement are incorporated as if set out fully herein. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes. Bo If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be granted by a letter fi.om the Department. This letter will state the new expiration date, and is to be signed by the Director of the Division of Emergency Management (or his designee). The extension period is not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Florida Statutes. Eo The Department reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with the Agreement. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. Go A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or a public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 'XV. STATE LOBBYING PROHIBITION No funds or 9ther resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state Department. XVI. LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient 10 also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. XVII. EQUIPMENT AND PROPERTY MANAGEMENT If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to use said equipment for emergency management purposes only, and to properly maintain and repair said equipment. Recipient shall establish adequate maintenance procedures to keep the equipment in proper working condition. Recipient shall establish a control system to insure adequate safeguards to prevent loss, damage or theft of the equipment. Recipient shall promptly advise the Department of any loss, damage or theft affecting said equipment. Recipient shall make this equipment available to the Local Emergency Management Agency established pursuant to Section 252.38, Florida Statutes, and to the State of Florida, upon request, in the event said equipment is needed for emergency management purposes. Recipient shall not sell, lease, rent, lend, encumber or dispose of said equipment without the written permission of the Department. XVIII. COPYRIGHT, PATENT AND TRADEMARK If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accm/ng under or in connection with the performance under this Agreement are hereby reserved to the State of Florida. Co Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph B., have the right to all patents and copyrights which occur during performance of the Agreement. Recipient shall be granted a royalty-free nonexclusive license to use patented or copyrighted material for research or educational purposes. XIX. PUBLICATIONS AND PUBLICITY Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by the State of Florida, Division of Emergency Management." If the project is displayed or referenced in written material, the words "State of Florida, Division of Emergency Management" shall appear in the same size letters or type as the name of the Recipient. IN WITNESS WHEREOF, the parties hereto have mused this Agreement to be executed by their undersigned officials as duly authorized. RECIPIENT: CITY OF DELRAY BEACH BY: Name and Title: Date: Federal Employer I.D. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: Jos,~ph F. Myers, Director Date: 12 Attachment A SCOPE OF WORK The information and representations contained in the grant application submitted to the Department by the Recipient and evaluated pursuant to Rule Chapter 9G-19, Florida Administrative Code, are hereby incorporated by reference into this Agreement. Within thirty days of the date of execution of this Agreement, Recipient will supply a document which includes an activities timeline, a list of deliverables, and a revised budget, for the approval of the Department. This document will address, with particularity and appropriate discussion, each task necessary to complete the project identified in Recipient's application for grant funding. The revised budget portion of this document must be consistent in format with the budget proposed in the original project application. It must not consist of new line item expenditures, but will indicate whether the cost of the line items detailed in the original budget have increased or decreased from the original information. Any proposed deviations from the original budget may not exceed 5% (increase or decrease) of the originally approved mounts in the expenditure categories affected. The total amount of grant money budgeted may not exceed the amount authorized in the Agreement. Failure to supply the above-referenced document, or disapproval of this document by the Department, will result in the denial of funding. If the Recipient succeeds in acquiring products or services for less than the budgeted amount, then it must notify the Department and request authorization to apply the unexpended funds to the project, identifying the proposed use for the unexpended funds. If the unexpended funds can be applied to enhance the project through acquisition of additional equipment or services which will provide the same benefit as the approved project, then the Department may approve the use of the unexpended funds. The Recipient will purchase two trailer mounted, programmable electronic message signs. An itemized invoice of the purchase must be provided to the Department of Community Affairs specifying the manufacturing firm, the equipment model and serial number (if applicable), the unit cost, the vendor (if different than the manufacturing firm) and the delivery date. Furthermore the recipient shall furnish 3 copies of the equipment operations manual, as well as 3 photographs (3" X 5" regular film), or three digital images (in gif, bmp, jpg or other common format to be approved by the Department) of both items together and each unit separately as proof of purchase and condition. 3.3 The Recipient will develop standard operating procedures for the purchased signs. Prior to any disbursement of funds, the standard operating procedures (SOP) will be submitted to, and approved by, the Department of Community Affairs regarding the operational control, storage, handling and maintenance, as well as the routine and emergency use of the equipment. The standard operating procedure will include the following specifics: What agency will have operational control over the trailer, signs and barricades during normal (non emergency), as well as during emergency operations. If more than one agency will have use of the equipment, the controlling agency will develop procedures for the temporary transfer of the equipment (hand receipt or other property transfer document), and the conditions for the use of the equipment by other agencies. The SOP will also specify the conditions for return of the equipment (cleanliness, serviceability, etc.), and how the borrowing agency will replace damaged, or lost equipment. 2. The manner in which the equipment will be stored and maintained when not in use. The allowable uses for the equipment during routine and emergency operations. If the equipment is to be used for routine purposes, the SOP will include procedures for the rapid recall of the equipment so that it can be used for its primary purpose, to support emergency operations. (The bottom portion of this page intentionally left blank.) 14 Attachment B 2. 3. 4. 5. PROGRAM STATUTES AND REGULATIONS Chapter 252, Florida Statutes Rule Chapter 9G-19, Florida Administrative Code Chapter 287, Florida Statutes Chapter 119, .Florida Statutes Chapter 60A-l, Florida Administrative Code (The bottom portion of this page intentionally left blank.) ho Bo Co Attachment C RECORD KEEPING All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. Records relating to real property acquisition shall be retained for three years after closing of title. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work, Attachment A, and all other applicable laws and regulations. The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (The bottom portion of this page intentionally left blank.) 16 Attachment D REPORTS Ao At a minimum, the Recipient shall provide the Department with quarterly Financial Report/Reimbursement Requests, quarterly Summary Project Progress Reports and f'mal Close-out Reports. The Recipient shall utilize the report formats provided by the Department. Be Quarterly reports are due to be received by the Department no later than fifteen (15) days after the end of each quarter and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter and the report due dates are as follows: Quarter Ending Date Reports Due 1 September 30, 2001 October 15, 2001 2 December 31, 2001 January 15, 2002 3 March 31, 2002 April 15, 2002 4 June 30, 2002 July 15, 2002 The final close-out report is due forty-five (45) days after termination of this Agreement or upon completion of the activities contained in this Agreement. Do Pursuant to rule 9G-19.010(7), the Recipient shall identify the applicable procurement rules, regulations and standards to be used in the first progress report to the Division following the notice of award. If all required reports and copies prescribed above are not sent to the Department or are not completed in a manner acceptable to the Department, the Depar~nent may withhold further payments until they are completed or may take such other action as set forth in Paragraphs VII. and IX. The Department may take action for non-compliance consistent with Rule 9G-19.014, F.A.C. if reports are not timely received. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and applicable law, and is consistent with the Scope of Work, as determined by the Department in its sole discretion. Fo Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be requested by the Department. Go The Department shall be permitted to inspect and monitor the records and facilities of funded projects and award recipients. Such inspections may occur without notice at any reasonable time, which shall be presumed to be normal business hours on Monday through Friday. 17 Attachment E PROCUREMENT, SUBCONTRACTS AND SUBGRANTS Subcontracts entered into by a Recipient in connection with any portion of the proposed project shall contain all terms of the Recipient's Agreement with the Department. The Recipient shall send a copy of any subcontracts entered into in connection with implementing the proposed project to the Department within 30 days after their effective date. Recipient shall not award subgrants using funds awarded pursuant to this role chapter. Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement a proposed project. Wherever required by law or otherwise permitted, Recipient shall utilize competitive procurement practices. (The bottom portion of this page intentionally left blank.) Attachment F FUNDING/CONSIDERATION Ao Bo Co Do This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $50,000 subject to the availability of funds. The amount of funds available pursuant to this role chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Funds received from the Emergency Management, Preparedness and Assistance Trust Fund may not be used to supplant existing funds. The Recipient shall establish a separate account code in an interest bearing account for tracking all deposits, expenditures and interest pertaining to an award. A separate account code shall be established for each award received. The interest earned on said account (s) shall be remitted promptly to the Department, but no later than ninety days after the completion of the Agreement. Any advance payment under this Agreement is subject to s. 216.181(14), Florida Statutes. Twenty-five (25) percent of an award may be advanced. Payment of reimbursable expenditures may be requested thereafter, at the end of each quarter. If an advance payment is requested, the budget data on which the request is based and a justification letter shall be submitted. The letter will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. The Recipient shall mark the appropriate place below indicating whether or not an advance payment is requested, if an advance payment is requested enter the amount of the request. o No advance payment is requested; payment will be made solely on a reimbursement basis. An advance payment of $ is requested; balance of payments will be made on a reimbursement basis. (Justification letter must be provided.) After the initial advance, if any, quarterly payments may be made for all reimbursable expenses incurred as of the end of each quarter. The Recipient agrees to expend funds in accordance with the Scope of Work, Attachment A of this Agreement. E Recipiem agrees to perform the project identified in said application utilizing the funds provided under this Agreement, supplemented by any funds represented in said application as matching funds. Recipient shall not expend more than five percent (5%) of the total funds awarded for administrative expenses. "Administrative expenses" means the direct costs of staff managing the project and other direct costs for managing the project, as well as the applicant's indirect rate, if any, applied to those direct costs of management. The sum total of direct and indirect costs identified shall not exceed five percent (5%) of the total funds awarded from the trust fund for the project. Fo Funds disbursed to the Recipient by the Department that are not expended in implementing the project shall be returned to the Department, along with interest earned on the funds, within ninety (90) days of the expiration of the award Agreement. (The bottom portion of this page intentionally left blank.) 20 Attachment G AUDIT REQUIREMENTS Ao Bo Co The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. If the contract amount is $300,000 or more, then the Recipient shall also provide the Department with an annual financial audit report which meets the requirements of the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, and OMB Circular A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement. The funding for this Agreement was received by the Department as a Contractual Services appropriation. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. The complete financial audit report, including all items specified in Attachment G. D. 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the 21 Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non- compliance. Fo The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. Go The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. 22 FISCAL YEAR 2000-2001 and · '.~t,'~x~ FISCAL YEAR 2001-2002 ·EMPA GRANT CYCLES _ ~'~' ..E MUST BE COMPLETED AND RETURNED WITH YOUR APPLICATION SUBMISSION APPLICANT NAME: City of Delray Beach PROJECT TITLE: Mobile Electronic Evacuation Signs PLEASE CONSIDER THIS APPLICATION FOR FUNDING FOLLOWING FISCAL YEAR(S): (Select only one of the following and mark it with an "X") UNDER THE FISCAL YEAR 2000-2001 OR FISCAL YEAR 2001-2002 OR BOTH FISCAL YEARS 2000-2001 and 2001-2002 Applications will be scored only once, but may be considered for either or both application cycles. If the application receives funding under the first cycle, it will be removed from consideration under the second cycle. V. Project Budget Date: December 1, 2000 Proposed Budget Cash In-kind Total EMPA Total EXPENDITURE CATEGORIES Match Services Grantee Award Project Match Cost Cost A B A+B--C D C+D=E 1. SALARY AND BENEFITS 0 0 0 0 0 2. OTHER PERSONAL ! CONTRACTUAL SERVICES 0 0 0 0 0 3. ADMINISTRATIVE EXPENSES 0 0 0 0 0 4. EXPENSES 0 0 0 0 0 5. OPERATING CAPITAL OUTLAY 0 0 0 $50,000 $50,000 6. FIXED CAPITAL OUTLAY 0 0 0 0 0 TOTAL EXPENDITURES 0 0 0 $50,000 $50,000 PERCENTAGES 0% 0% 0% 100% 100% NARRATIVE EXPLANATION AND JUSTIFICATION OF LINE ITEMS: Operating Capital Outlay: Two (2) Programmable Electronic Message Signs $25,000 each 6 1. Clearly identify a demonstrated state or local emergency management need and explain how this project wil! address it. If applicable, identify which emergency managementpriority, as identified in the Notice of Fund Availability, the project addresses. Clearly link the project to the priority. [Maximum score 150 points] This projects proposes to purchase two (2) mobile electronic signs to be used to notify evacuees of shelters of last resort off 1-95 in the City of Delray Beach. Since the signs are mobile they can be pleat any strategic locations for citizen notification or warning of any kind. The warning could be of dangers~uch as wildfires, directions for evacuation, or information on approaching storms. Detour information, time delay, safety information, and evacuation routes could be relayed to citizens and visitors traveling 1-95. Because the signs are mobile they could also be lent to other jurisdictions. Emergency Management Priority The emergency management priority addressed is: 4. Other projects that will further state and local emergency management objectives which have been designated by the State of Florida as priorities in the applicable Notice of Fund Availability. C) Projects which will improve emergency management capabilities in any of the following fundamental areas of preparedness, response or recq~ damage assessment/analysis debris management citizen warning Mobile electronic evacuation signs are a flexible mode of citizen warning especially along the 1-95 corridor. Identify the immediate tangible emergency management benefits (short term projects, i.e. - 12 months or less in duration), or, reasonable expectation of long term emergency management benefits coupled with the availability of resources (other than this grant amount) to continue implementation of the project past the term of the award (long term projects, i.e. - duration of longer than 12 months). Also, identify the number of emergency management organizations or the targeted population area whose emergency management needs will be directly benefitted by the project. [Maximum score 75 points] Project Benefits The project has both short and long term benefits. The purchase of the proposed equipment will be completed promptly and will be available prior to the next hurricane season. The immediate benefits - improved communications, and better public information capability - are expected to occur as soon as the equipment is purchased. Availabilit3, of Resources The City has a cadre of staff members and dedicated volunteers to manage the equipment. Tareeted Population Area Directly Benefitted The potential benefits of this equipment could favorably affect all 52,000 residents of Delray Beach and all the residents of South Florida.. Under mutual aid, the signs will be available for use by other agencies during emergencies. e Describe the project's consistency with the State Comprehensive Emergency Management Plan and any applicable local comprehensive emergency management plans. [Maximum score 100 points] State of Florida Comprehensive Emergency Manaeement Plan This project is consistent with the State of Florida's Comprehensive Emergency Management Plan (CEMP). Under the BASIC portion of this plan, on page 53, it states "in times of emergency, the public should be informed of measures being taken to handle the situation, including all government decisions, recommendations and instructions." According to the plan, "a continuous flow of accurate and timely information is necessary to provide full knowledge of the disaster and relief services available." Consistent with the State plan, the Communications System is structured to be compatible with the Emergency Support Function (ESF) concept, addressing capabilities in ESF 14 focusing on public information. LA. Purpose-The CEMP establishes a framework for an effective system of comprehensive emergency management, the purpose of which is to: 2. Prepare for prompt and efficient response and recovery activities to protect lives and property affected by emergencies; 3. Respond to emergencies using all systems, plans and resources necessary to preserve the health, safety and welfare of persons affected by the emergency; The City's plan to purchase equipment for use in an emergency will further each of these purposes. It will provide information on shelters of last resort an important response role for communities along major 2 evacuation routes such as 1-95. It will provide accurate information on recovery activities, which will protect lives and reduce property losses. All ESF's will be assisted, particularly: ~ Emergency Support Function gl-Transportation Emergency Support Function #2-Communications Emergency Support Function g3-Public Wortcs and Engineering Emergency Support Function #5-1nformation and Planning Emergency Support Function gl l-Food and Water Reliable and efficient communication is key to fulfilling each Emergency Support Function. Without communication there is little hope of the Emergency Support Functions working properly. This new communication mode will increase the chances that the City of Delray Beach will be able to fulfill its responsibilities in terms of restoring transportation routes, and providing regular and ordered public information. This project also furthers the State of Florida Regional Evacuation Procedure (6/1/2000) by providing for electronic programmable message boards which can be pre-positioned along 1-95, one of the regional evacuation routes, to assist with evacuee information and can ultimately direct evacuees to shelters of last resort. Palm Beach County, Florida Comprehensive Emergency Management Plan Basic Plan L INTRODUCTION The County plan recognizes the responsibility of municipal governing bodies to provide for the public's safety and the welfare of its citizens. Each governing body is responsible for taking such actions necessary for the preparedness of, response to and recovery from any disaster event to which the area is vulnerable and which threatens the life safety of citizens and damage to their property. (P.2 ) Improved communications will increase the City's preparedness in response to and recovery from any disaster. Emergency Support Functions: Emergency Support Function gl-Transportation Emergency Support Function #2-Communication. Emergency Support Function g3-Public Works and Engineering. Emergency Support Function #5-Information and Planning. Emergency Support Function #1 l-Food and Water. As described above..eliable and efficient communication is the key to fulfilling each Emergency Support Function, with particular emphasis on restoring transportation routes, and communications. Recovery £1~,nents: I.A. Purpose-To provide guidance for the mitigation, preparedness, response to and recovery from any disaster to which the area is vulnerable. One goal is restoration of essential government services to include law enforcement, transportation, water utilities, communications, public works and debris clearance.(P. 1) Overall, improved communications will allow the City to assess damage and respond quickly and accurately. Electronic messaging will allow the City to inform its residents and evacuees from other areas more rapidly, thereby hastening recovery. City of Delray Beach Emergency Management Plan Basic Plan A. Purpose 1. Reduce the vulnerability of people ad communities of this city to damage, injury, and loss of life and property resulting from natural, technological or manmade emergencies, catastrophes, or hostile military or paramilitary action. 2. Prepare for prompt and efficient response and recovery to protect lives and property affected by emergencies. 3. Respond to emergencies using all systems, plans and resources necessary to preserve the health, safety and welfare of persons affected by the emergency. III. Concept of Operations A. General 2. The city must be able to respond quickly and effectively to developing events. D. Direction and Control 1. Discussion of decision-making authority retained at city level. b. City emergency management authorities may direct city evacuation, request the Red Cross to open shelters, and request state assist,Tnce through the county. City authorities may also activate mutual aid agreement.sj with neighboring cities and Palm Beach County. This project furthers the City of Delray Beach Emergency Management Plan by giving the flexibility to protect life and property. 4. Discuss why this particular method and approach was chosen. [Maximum score 100 points] This method was chosen because it was specified in the State of Florida Regional Evacuation Procedure (6/1/2000) to assist with evacuee information and ultimately direct evacuees to shelte~o~'last resort. Delray Beach takes their responsibility as a municipality along 1-95 very seriously.~host to a regional evacuation site they have a responsibility to assist with evacuation so that their own citizens may evacuate efficiently as well as those from other jurisdictions. 5. Identify Applicant's project match. [Maximum score 50 points] Not applicable. 6. Discuss the Applicant's experience and ability applied to the project. [Maximum score of 25 points] The Assistant Fire Chief, Michael B. Wigderson, will manage this project. NEED RESUME INFORMATION Tiebreaker - Answer the following two questions: 1) Has the Applicant's jurisdiction been impacted by an environmental clean-up initiative? If so, describe the initiative and its impact on the Applicant. I3elray Ihaeh remalns on the ~ecleral §uper Pund llst o£ hazardous materials clean up sites. While this initiative did impact Delray Beach in the past, there have been no recent initiatives in recent years. 2) Is the Applicant located itl a Front Porch Community? If so, please describe the location. Not applicable. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff~ AGENDA ITEM ~' P - REGULAR MEETING OF,~UNE 5, 2001 GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL APRIL 25, 2000 Staff is requesting authorization to submit a grant application to the Children's Services Council (CSC) for funding in the approximate amount of $124,680 in support of our out of school program, day camps and summer camp program. Services are provided to 300 children at three (3) sites during the school year, approximately 50-55 children in our 8 day camps (Holiday Camp, Spring Fling, one day camps), and an additional 330 children as part of our summer camp program. I recommend that staff be authorized to submit the grant application. Ref.~gmem7.children's services.06.05.01 DELRAY BEACH ,5 MEMORANDUM TO: David Harden City Manager FROM: Rodger R. Ribeiro, CPRP Recreation Superintendent THROUGH: Joe Weldon ~/ Director of~rks and Recreation SUBJECT: Children's Services Council DATE: May 15, 2001 The Parks and Recreation Department has completed its budget for the fourth year of funding from the Children's Services Council for our out of school program. We will serve 300 children at three (3) sites during the school year, approximately 50-55 children in our 8 day camps (Holiday Camp, Spring Fling, one day camps), and an additional 330 children as part of our summer camp program. CSC funding will amount to approximately $124,680. You recently reviewed the agency certification requirement. This now needs to go before City Commission for their approval so that we can continue to move forward in our 'application process. Please place this on the June 5, 2001 agenda for City Commission consideration, and call if you have any questions regarding this matter. Rodger R. Ribeiro, CPRP Recreation Superintendent Attachment RRR:cp Ref:dhrrrcsc 50 Northwest 1 st Avenue · Delray Beach, Florida 33444 (561) 243- 7250 · Fax' (561) 243-7268 · http.//www.dbpr com 2001-02 CSC PROGRAM APPLICATION EXPLANATION OF 2001-02 PROJECTED BASE BUDGET AMOUNT AGENCY: 104 City of Delray Beach PROGRAM: Parks & Recreation Out-of-School Youth Recreation/Enrichment 2000-2001 PROGRAM EXPENDITURES $149,494 Represents your program's actual full-year expenditure of CSC funds from 1999-00. CAPITAL + ANNUALIZATION +/- ADJUSTMENTS SUBTOTAL x 2-YEAR TREND 2001-02 CSC PROJECTED BASE BUDGET AMOUNT $0 -$25,994 $123,500 1.065 $131,528 Capital expenditures are considered one-item costs and are subtracted from the base program budget need for 2001-02 The additional funding needed to fund that part of your program that was phased-in during 1999-00. Program-specific adjustments that are required in order to accurately reflect your base program need. A two-year inflation factor is applied to your budget to determine the 2001-02 base program funding need. Your 2001-02 application for CSC funds must not exceed this amount. 2001-2002/BasCalc2 104 2001-2002 CSC BASE PROGRAM APPLICATION APPLICANT AGENCY Executive Director: Agency Name: Address: Telephone Number: ,, E-mail Address: Joseph Weldon Cib/of Delra¥ Beach Parks and Recreation 50 NW 1st Avenue Delra¥ Beach, Florida (561)243-7250 33444 Fax: ,(561)243-7268 weldon~ci.delra~/-beach.fl.us B. PROGRAM Lead Person for the Program: Program Name: Address: Telephone Number: Fax Number:. E-mail Address: .Andrew Sar~eant Out-of-School Youth Recreation/Enrichment 50 NW 1st Avenue Delra)/Beach, Florida 33444 /56!)243-7249 ,(561)243-7268 , sar~eant~ci.delra~/-beach.fl, us o: AGENCY CERTIFICATION In submitting this application to CSC certifies that: City of Delray Beach Parks and Recreation (Agency Name) 1. The agency board of directors has approved this application at a meeting on If approval is pending at the time of submission, please check here. [~ (date) All agency decisions regarding recruitment, hiring, promotions, release, and conditions of employment will be made without regard to consideration of race, creed, religion, gender, country of national origin, age, physical or mental handicap, marital status, sexual orientation or any other factor which cannot lawfully be used as a basis for an employment decision; 3. The agency agrees to negotiate, if deemed necessary, with CSC to refine service levels, procedures, outcomes, budget, and any other relevant matter for incorporation into a contract; The applicant agency does not intend by this application to replace existing funding resources with CSC funds; The budget included in this application is a reasonable estimate of the anticipated revenues and expenditures for the activities proposed; In accordance with the 2000-2001 CSC contract, the applicant agency will submit, within 180 days of the completion of the applicant's 2000-2001 fiscal year, a GAO Standard Financial and Compliance Audit; The applicant agency maintains governmental or 501c(3), (4), (6), (7) or (10) tax exemption status; Any of the following documents are available and upon request by CSC will be produced by the applicant agency within five (5) working days, but do not need to be submitted with this proposal: a. Articles of Incorporation b. Agency Bylaws c. Personnel Policies and Procedures d. Job Descriptions for all CSC funded positions e. Certificates of insurance and bonding f. Licenses to operate Agency/Program NO litigation is threatened or pending which could impair the applicant agency's ability to fulfill the provisions of this application; and 10. NO adverse action is pending or threatened by any regulatory, licensing, or oversight agency which could impair the applicant agency's ability to fulfill the provisions of this application. If any of the above documents are not available or any of these statements cannot be made, please explain below: OFFICIALS AUTHORIZED TO SIGN AND BIND AGENCY TO APPLICATION: (Authorized officials recognized by CSC are the Board Chair or President and Executive Director.) Signature of Chair or President David T. Harden~ City_ Manager Print Name Date: Jose ignature of~xecutive Director ~h Weldon, Director of Parks and Recreation Print Name BUDGET SUMMARY FORM 2001-2002 Base Application Agency Funded Agency Name: Delray Beach Parks and Recreation by CSC Since: Program Funded Program Name: Out-of-School Program/Youth Enrichment by CSC Since: 1988-1989 Total Clients (Program) Select I Capacity 300 Children 300 Families Employees Funded by CSC (FTE) 1 ~': ' FISCAL INFORMATION ',~i~ *~*~? '~-~*'--: *'~ 2000-2001 2001-2002 $ % BUDGET BUDGET CHANGE CHANGE PROGRAM CSCFunds $ 123,502 $ 124,680 $ 1,178 9.5 % Total Pro<gram Budget $ 319,990 $ 294,830 $ (25,130) ('7.8) % ) CSC % of Program Budget 38.6 % 44.3 % AGENCY Total Agency Budget $ 5,900,000 $ 5,800,000 $ ('100,000) ('1.7) % Total CSC Funds (Agency) 5 % 5 % 0 0 CSC % of Agency Budget 2.1% 2.3 % FOR CSC USE ONL~'.:~ - *-- ~- ~-'.~:-~'~'-~'~-~-: ** ~* ~-*~-~:~ CSC Cost per Client $ (Capacity, Children, Family) Instructions 1 Complete agency and program name and indicate date when CSC first funded each. 2 Give number of clients to be served by the CSC funded program by selecting only one of either capacity or children or families. 3 Complete FTE's funded by C.,SC by adding percent of funded positions (whole or part) as noted in column 8 of Form A-1. Note 100% = I FTE. 4 Complete other fiscal information for your program and agency giving comparison with previous year, dollar change and percentage change. 5 Leave section "For CSC Use Only" blank il O0 0~ ~0 ~z ~z ~; E E ~ ~0 n~ 0 n C~ LU ~0 OCO ~Z ~Z Z 0 c~ · E E = ~ z z >, E (DO D-z Z Z AGENDA ITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: X____Regular Agenda __SpecialAgenda __Workshop Agenda When: June 5, 2001 Description ofagendaitem: Request approval to apply for funding from Children's Services Council in the approximate amount of $124,680 for our Out of School Program, day camps and summer camp program. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO x NO X Recommendation: Approval. Department Head Signature: Determination of Consistency rehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: (~, ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved (if applicable) [:lTV OF OELRI1¥ BEI:Ii:H CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect Line: 561/243-7091 AII4medca City 1993 DATE: TO: FROM: MEMORANDUM May 15, 2001 City Commission David Harden, City Man.~ager Brian Shutt, Assistant City Attorney SUBJECT: Agreements with CRA on Pineapple Grove Special Assessments The CRA has agreed to reimburse the City certain dollar amounts relating to the Pineapple Grove Entrance Special Assessment District and the Pineapple Grove Way Special Assessment District. The CRA will reimburse the City $50,000.00 for the Pineapple Grove Entrance Special Assessment District project. Payment is due within 60 days of the adoption of the final assessment roll. The f'mal assessment roll was adopted on February 20, 2001, therefore, payment will be due upon the execution of this agreement. The CRA will reimburse the City $683,283.33 for the Pineapple Grove Way Special Assessment District project. Payment is due within 60 days of the adoption of the final assessment roll. Please place these items on the June 5, 2001 City Commission agenda for approval. Please call if you have any questions. CC: Barbara Garito, Acting City Clerk Diane Dominguez, CRA INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY REGARDING THE PINEAPPLE GROVE ENTRANCE SPECIAL ASSESSMENT DISTRICT THIS INTERLOCAL AGREEMENT is made this ~ day of , 2001 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY ("City") ("CRA"). " WITNE~SSETH: WHEREAS, a special assessment district has been formed along the entrance to Pineapple Grove Way, comprised of the adjacent property owners, for the beautification of the entrance to Pineapple Grove Way; and WHEREAS, the total projected cost of the street beautification is $154,621.51; and WHEREAS, the CRA's portion of the cost shall be $50,000.00 and shall be due within 60 days of the adoption of the final assessment roll by the City. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2. Payment by CRA. The CRA agrees to reimburse the City $50,000.00 within 60 days of the adoption of the final assessment roll for the Pineapple Grove Entrance Special Assessment District. 3. Term. The term of this agreement shall commence when approved by both parties and when executed by the last signatory to this agreement and shall expire within 60 days after the adoption of the final assessment roll for the Pineapple Grove Entrance Special Assessment District by the City, unless further extended in writing by the parties. 4. Interlocal Agreement. This Interlocal Agreement shall be filed pursuant to the requirements pursuant to Section 163.01(11), Florida Statutes. 5. Final Agreement; Modification. No prior or present agreements or representations With regard to any subject matter contained within this agreement shall be binding on any party unless included expressly in this agreement. Any modification of this agreement shall be in writing and executed by the parties. 6. Severability. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof contained within this Agreement shall have no force or effect upon the validity of any other portion hereof. 7. Laws; Venue. This Agreement shall be governed by and in accordance with the Laws of Flodda. Venue for any action arising from this agreement shall be in Palm Beach County, Florida. 8. Assignment. Neither the City nor the CRA shall assign or transfer any rights or interest in this Agreement. 9. Signatures Required. the Mayor and City Clerk. A'I-I'EST: City Clerk ~¢ity Attorney This Agreement shall not be valid until signed by ClTYOF DELRAY BEACH, FLORIDA By:. David W. Schmidt, Mayor COMM~ REDEVELOPMENT AGENCY Print Nar~.'~ ,-J~,yX/-/,d~h~'~-~ Title: ~-,~/ STATE OF FLORIDA COUNTY OF /-~.,~ .Z~5~,d~' The foregoing instrument was acknowledged before me this /~ day of W'~./' ,200_/by title of officer or agent) of acknowledging), a ~'/-.. behalf of the corporation. take an oath. ,.,/c~,v-xr/,~.Jz~h/e--/~ (name of officer or agent, ~,'~ (name of corporation (state or place of incorporation) corporation, on He/She is personally known to me (type of identification) as identification and did (did not) Signature of Notary Publ~ic t~te of Florida ~.~74~. DIANE G, HERVEY ~C) COMMISSION # CC 691564 ~L .~ EXP, RES NOV 28, 2001 'eOF ~ ATLANTIC I~)NOING CO., INC, INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY REGARDING THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT THIS INTERLOCAL AGREEMENT is made this ~ day of , 2001 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City") ("CRA"). and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY WITNESSETH: WHEREAS, a special assessment district has been formed along Pineapple Grove Way, comprised of the adjacent property owners, for the beautification of Pineapple Grove Way; and WHEREAS, the total projected cost of the street beautification is $2,049,850.00; and WHEREAS, the members of the special assessment district, the City and the CRA shall each pay 1/3 of the total cost; and WHEREAS, the CRA's portion of the cost shall be $683,283.33 and shall be due within 60 days of the adoption of the final assessment roll by the City. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2. Payment by CRA. The CRA agrees to reimburse the City $683,283.33 within 60 days of the adoption of the final assessment roll for the Pineapple Grove Way Special Assessment District. 3. Term. The term of this agreement shall commence when approved by both parties and when executed by the last signatory to this agreement and shall expire within 60 days after the adoption of the final assessment roll for the Pineapple Grove Way Special Assessment District by the City, unless further extended in writing by the parties. 4. Interlocal Agreement. This Interlocal Agreement shall be filed pursuant to the requirements pursuant to Section 163.01 (11), Florida Statutes. 5. Final Agreement; Modification. No prior or present agreements or representations with regard to any subject matter contained within this agreement shall be binding on any party unless included expressly in this agreement. Any modification of this agreement shall be in writing and executed by the parties. 6. Severability. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof contained within this Agreement shall have no force or effect upon the validity of any other portion hereof. 7. Laws; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. Venue for any action arising from this agreement shall be in Palm Beach County, Florida. 8. Assignment. Neither the City nor the CRA shall assign or transfer any rights or interest in this Agreement. 9. Signatures Required. the Mayor and City Clerk. This Agreement shall not be valid until signed by ATTEST: City Clerk Approved as to Form: .,,~,.~,City Attorney CITYOF DELRAY BEACH, FLORIDA By:. David W. Schmidt, Mayor Prrint Name: CO~ AG ENCY By:. ~0,,tvt. ~ ~(.~j ~-L. Prin Nam~:~-'/P-- ?,.~.~ Title: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged ,/~/,'~,/ ,200/_ by ...../~/f,v' /,J,~'h/e'-~ ~ title of officer or agent) of C~/~ acknowledging), a ,~-"~ behalf of the corporation. take an oath. before me this /~t~ day of (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on He/She is personally known to me er--has~pmduc, ed (type of identification) as identification and did (did not) Signature of ,,ot - te DIANE G. HERVEY COMMiSSiON # CC 691564 of Florida EXPIRES NOV 28, 2001 BONDED THRU ATLANTIC BONDING CO., INC [lTV OF OELRnq' BER[H CITY ATTORNEY'S OFFICE DELRAY BEACH 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct L~ne 561/243-7091 May 16, 2001 City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Amendment to the Agreement Between the City and Golden Mark Maintenance The City entered into an Agreement with Golden Mark Maintenance, dated June 25, 1999, regarding the providing of custodial maintenance service to the City. As a result of a merger of two service companies, Golden Mark Maintenance is requesting that the City transfer the contract from Golden Mark Maintenance to OneSource Facility Services Inc. In accordance with Paragraph 7 of the Agreement between the City and Golden Mark Maintenance, Golden Mark Maintenance must first obtain the consent of the City before the transfer may take place. Our office requests that this amendment to the Agreement be placed on the June 5, 2001 City Commission agenda for approval. Please call if you have any questions. CC: Barbara Garito, Acting City Clerk Jackie Rooney, Purchasing Supervisor AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND GOLDEN MARK MAINTENANCE DATED JUNE 25, 1999 THIS AMENDMENT NO. 1 to the Agreement datod June 25, 1999 is made this -J '",7 2001, by and between the CITY OF DELRAY ~,,d~ day of ,,, , / BEACH ("City") and GOLDEN MARK MAINTENANCE ("Contractor"). WlTNESSETH: WHEREAS, the parties entered into an Agreement dated June 25, 1999, to provide that the Contractor shall provide custodial maintenance service to the City; and WHEREAS, the parties desire to amend the Agreement to provide for the transfer of the Agreement from Golden Mark Maintenance to OneSource Facility Services, Inc. NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. The Agreement dated June 25, 1999 is hereby amended to provide that this Agreement shall be transferred to OneSource Facility Services, Inc. 3. OneSource Facility Services, Inc. shall submit to the City within thirty (30) days of the execution of this Amendment certificates of insurance, as required by the contract, in the name of OneSource Facility Services, Inc. , 4. This Amendment together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 5. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WltEREOF, the parties have executed this Amendment to the Agreement on the day and year first hereinabove written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk David Schmidt, Mayor Approved as to legal form and sufficiency: By: ~. l~.12ity Attorney (Name printed or typed) (Name printed or typed) STATE OF [~"~////~// COUNTY OF /~ r u By: MARK MAINTENANCE (Corporate The foregoing instrument was acknowledged before me this F'~/~, day of '/3'4J , 200 /, by ~/.-/,,, -~ ,]'V~a-~q ' , as (name of officer or agent, title of officer or agent), of 0t ~ ;~- ,O ~, ,[, ~.--~/v,.,[ n ~///,~)1 (~n~ame,~ corporation acknowledging), a (state or place ~of~"ficorporatio?l,) corporation, on behalf of the corporation. He/She is l~ersonally kno~l~' to me or has produced (type~ 0~ identification. / Signature of Person Taking Acknowledgment MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~.~ - REGULAR MEETING OF IUNE 5, 2OOl CONTRACT CLOSEOUT/INSITUFORM TECHNOLOGIES, INC. DATE: (REHABILITATION OF GRAVITY SEWER SYSTEMS) JUNE 1, 2001 This is before the City Commission to approve the contract closeout with Insituform Technologies, Inc. for trenchless sanitary sewer rehabilitation for Gravity Sewer System 5, utilizing an existing Broward County contract. The project has been reviewed by staff and has been satisfactorily completed and all invoices paid in full. Also requested is that the residual amount of $33,859.50 from this contract be liquidated and placed back in account 442-5178-536-63.51 (Renewal & Replacement/Sewer Mains). Recommend approval of the contract doseout with Insituform Technologies, Inc., and recovery of the $33,859.50 left over balance. Ref.2tgmemo 16.Closeout. Instifuform.06.05.01 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 C. Danvers Beatty, P'Eb~ Deputy Director of Pu May 30, 2001 Contract Close Out Rehabilitation of Gravity Sewer Systems Gravity System 5 Attached is an Agenda Request for close out of a contract to Insituform Technologies, Inc. for trenchless sanitary sewer rehabilitation utilizing an existing Broward County Contract. This project has been satisfactorily completed and all outstanding invoices have been paid. There is a $33,859.50 balance left over from the original contract amount of $586,407.00. By copy of' this memo to purchasing I am requesting that P.O. No. 576114 be liquidated and the balance placed in Account # 442-5178-536-63.51, Sewer Mains. Please place this item on the June 5, 2001 Agenda for consideration by City Commission. CDB/cdb CC.' Richard C. Hasko, P.E., Director of Environmental Services Scott Solomon, Manager, Water/Sewer Network Division City Clerks Office Agenda File IIESSRVOO2~DEPARTMENTS~EngAdmtnlProjectsI1999199-OSOIOFFICIALlCIose Out-Grav#y System MEM doc AGENDA REQUEST No. Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda Agenda Item Date: May 30 2001 When: June 5, 2001 Description of item (who, what, where, how much): Staff requests Commission approval of a contract close out to Insituform Technologies, Inc. for trenchless sanitary sewer rehabilitation for Gravity Sewer System 5 utilizing an existing Broward County Contract. This project has been satisfactorily completed and all outstanding invoices have been paid. There is a residual amount of $33,859.50 which will be liquidated from the existing purchase order and placed back in Renewal and Replacement Account No. 442-5178-536- 63.51, Sewer Mains. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of a contract close out to Insituform Technologies, Inc. off the Broward County Contract. Department head signature: .._~ ~ _~ ~' -) ! - a 1 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance CityManagerReview: ~ ~ Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \~ESSRV002~DEPARTMENTS~EngAdmin~Pro. lects\I999\99-050\OFFICIAL\Close Out-Grawty System AG doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~4~ AGENDA ITEM # ~'~J'. - REGULAR MEETING OF IUNE 5, 2001 CONTRACT CLOSEOUT/INSITUFORM TECHNOLOGIES, INC. (REHABILITATION OF GRAVITY SEWER SYSTEMS/2000 ROADWAY DATE: BOND PROJECT) JUNE 1, 2001 This is before the City Commission to approve the contract closeout with Insituform Technologies, Inc. for trenchless sanitary sewer rehabilitation, utilizing an existing Broward County contract. The project has been reviewed by staff and has been satisfactorily completed and all invoices paid in full. Also requested is that the residual amount of $33,670.00 from this contract be liquidated and placed back in account 442-5178-536-63.51 (Renewal & Replacement/Sewer Mains). Recommend approval of the contract doseout with Insituform Technologies, Inc., and recovery of the $33,670.00 left over balance. Ref~gmemo 16.Closeout. Instifuform# 2.6.05.01 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 C. Danvers Beatty, P.E. Deputy Director of P~~ies May 30, 2001 Contract Close Out Rehabilitation of Gravity Sewer Systems 2000 Roadway Bond Project Attached is an Agenda Request for close out of a contract to Insituform Technologies, Inc. for trenchless sanitary sewer rehabilitation utilizing an existing Broward County Contract. This project has been satisfactorily completed and all outstanding invoices have been paid. There is a $33,670.00 balance left over from the original contract amount of $218,366.00. By copy of this memo to purchasing I am requesting that P.O. No. 587824 be liquidated and the balance placed in Account ii 442-5178-536-63.51, Sewer Mains. Please place this item on the June 5, 2001 Agenda for consideration by City Commission. CDB/cdb CCi Richard C. Hasko, P.E., Director of Environmental Services Scott Solomon, Manager, Water/Sewer Network Division City Clerks Office Agenda File IIESSR VOO2~DEP,~RTMENTS~Eng~ldmtn~Projectsl1999199-05010FFICL4L IClose out MEM doc No, Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda AGENDA REQUEST Agenda Item Date: May 30, 2001 When: June 5, 2001 Description of item (who, what, where, how much): Staff requests Commission approval of a contract close out to Insituform Technologies, Inc. for trenchless sanitary_ sewer rehabilitation associated with the 2000 Roadway l~ond Project utilizing an existin~ Broward County Contract. This project has been satisfactorily completed and all outstanding invoices have been paid. There is a residual amount of $33,670.00 which will be liquidated from the existing purchase order and placed back in Renewal and Replacement Account No. 442-5178-536-63.51, Sewer Mains. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of a contract close out to Insituform Technologies, Inc. off the Broward C°un -tY Contract' ~ .~ ~,o Department head signature: · ~5~- ~ ! mo) Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives .(if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S'XEngAdm~nXProjects\1999\99-050\OFFICIAL\Close Out AG doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # g' ~' - REGULAR MEETING OF IUNE 5, 2001 SERVICE AUTHORIZATION NO. 91-45/HELLER WEAVER & SHEREMETA (2000 ROAD BOND SW AREA II IMPROVEMENTS) DATE: JUNE 1, 2001 This is before the City Commission to approve Service Authorization No. 91-45 in the amount of $42,240.00 with Heller-Weaver & Sheremeta, Inc. for professional services related to the 2000 Road Bond SW Area II Improvements project. The project consists of Topography Survey of SW 8~ Court from the intersection of SW 6m Avenue to the intersection of SW 8~h Avenue. Also, SW 9a Street from the intersection of SW 4th Avenue to the intersection of SW 8th Avenue. Also, SW 9a Court from the intersection of SW 4~h Avenue to the intersection of SW 8t~ Avenue. Also, SW 4~ Avenue from the intersection of SW 9th Court to the intersection of SW 7~h Street. Also, SW 8a Street from the intersection of Swinton Avenue to the intersection of SW 4~ Avenue. Also, SW 5~h Avenue from SW 4~h Street South to its terminus. Funding for this service authorization is available from 370-3162-541-65.58 (SW Area II Improvements). Recommend approval of Service Authorization No. 91-45 with Heller-Weaver & Sheremeta, Inc. Ref:Agmemol6. ServiceAuth. #91-45.HellerWeaverSheremeta.2000RoadBondSWArea.06.05.01 DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: THRU: DAVID T. HARDEN, CITY MANAGER RANDAL KREJCAREK, P.E. CITY ENGINEER FROM: JENNIFER SPAGNOLI, ENGINEER INTERN DATE: MAY 29, 2001 SUBJECT: 2000 ROAD BOND SW AREA II PROJECT PROJECT #2001-047 AGENDA REQUEST Please find enclosed the agenda request for Commission to execute the service authorization number 91-45 in the amount of $42,240.00 to Heller-Weaver and Sheremeta, Inc. to survey the area encompassing the 2000 Road Bond SW Area II Improvements project. I have enclosed a map dlustrating the streets to be surveyed. The streets to be surveyed include the following: 1 SW 8"` Ct. SW 8th Ave. SW 6"` Ave. 2 SW 5"` Ave. SW 4th St. End 3 SW 8"' St. SW 4"' Ave. Swinton Ave. 4 SW 9th St. SW 8"' Ave. SW 4"' Ave. 5 SW 9th Ct SW 8~h Ave. SW 4"' Ave. 6 SW 4"' Ave. SW 9th Ct. SW 7th St. Also included is a boundary and topographic survey of Lots 3 and 4 off of SW 6"' St Funding Source Account Number Amount SW Area Improv/SW Area 2 370-3162-54i-65.58 $42,240.00 If acceptable, please place this item on the June 5, 2001 Commission meeting for Commission approval Attachment Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file: 2001-018 (A) flle:s/engadmin/2001/2001-018/contract/agmemo.doc ..... .~, .............................. / ........ '_. ,., , ? .... .,~.,: ~ ' -----. .... -~ ............. : ~ .... :~-------/. .... !~ .... ~a, .~.' , . · . ' ' ' ~ :~ : , ,,; ~ '~ -~ , ~ /. ..~ ,,. :_ , $.w. 6TH ST '_ ..... .; ;~,/; ',~'---m ............. ~, .... ; ?--~.----/~ ...... :: ...... : .... , ....... I t i :~'"~.'----':~=.- .... ~--~-,-:----- !~- ~--'fi: ...... . :~ , ' , , ', ' ' : : J': -----:"-" ........ , ,' .................... , , . :~1 , ; ' : ,: : ' · ,' , '7' , ~ ~. ' ;. ..... .~ L .... ~. ..... , '_ .... ; .... 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'-'7-, ............ )C ~-' ~ .,~. .~ .... =y--/7:-7- ' "-; ................ ~ .... -- ......... . .... ?-; ~ , la C~ of DELRAY BEACH 2ooo ROAr> ~ON~ ~.-~o-o'~ ENVFIONIVENTAL SERV1CES DEPARTMENT S.W. AREA IMPROVEMENTS sw^~^~x~ ., ,.~ souT..wwm. ^vE~,.~.. Oe-P,~V r~c~. ~..e¢,~^ :~,*,~. LOCATION MAP ZUU/-U~ c HELLER-WEAVER AND SHEREMETA, INC. CITY OF DELRAY BEACH CONSUL TING SERVICE AUTHORIZATION DATE: SERVICE ALrl~ORIZATION NO. q/'"q ~' P.O. O. FOR CONSULTING SERVICES HELLER-WEAVER AND SHEREMETA, INC. TITLE: Southwest Area Drainage Improvement Project Tonmtraphy Survey SW 8* Court SW 9t~ Street SW 9* Court SW 4'~ Avenue SW 8'~ S~reet SW 5* Avenue This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Con- tract, Dated July 25, 1991, between the City of Delray Beach and Heller-Weaver and Cato, Inc., now known as Heller-Weaver and Sheremeta, Inc. Project Description This project consists of a Topography Survey ofSW 8th Court fi.om the intersection ofSW 6e~ Avenue to the inter- section of SW 8t~ Avenue. Also, SW 9~ Street from the intersection of SW 4e~ Avenue to the intersection of SW 8'~ Avenue. Also, SW 9'~ Court from the intersection of SW 4~' Avenue to the intersection of SW 8a Avenue. Also, SW 4th Avenue from the intersection of SW 9th Court to the intersection of SW 7~ Street. Also SW 8~ SWeet from the intersection of Swinton Avenue to the intersection of SW 4~ Avenue. Also SW 5th Avenue from SW 4~ Street South to its terminus. Scope of Survey Services: The Consultant shall provide professional surveying services consisting of field topography and horizontal and ver- tical locations. All exi,sting facilities and utilities within the full right-of-way of the established construction limits will be coordinated for the project and will include the following: Topography Survey within the limits as specified at a minimum of 50-foot intervals and at major ground ele- vation changes to depict existing ground profile at proposed pipe location and roadway improvements. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include: Location of all visible fixed improvements within project limits, including roadway pavement, sidewalks, walkways, curb, trees, shrubs, fences, walls, power poles, guy wires, street light poles and fixtures, and other encumbrances, including point of curvature and point oftangency. bo Location of all known above- and below-ground existing utilities: FP&L, Southern Bell, Cable TV, Natural Gas, and potable water (pipe diameter, valves and fire hydrants, force mains (pipe diameter, top of pipe and valves), drainage facilities including pipe diameter, direction and invert elevations, meter boxes, rim/grate elevations of all storm sanitary, and other accessible structures. This will include coordi- nation with Sunshine State Call One Center and the City of Delray Beach. Underground piping (potable water, force mains and storm sewers) shah be pot-holed by others in a timely fashion. There is no provi- sion for Consultant to probe or excavate for these underground utilities. Southwest Area Drainage Improvement Proiect Touoeraohv Survey SW 8t~ Court SW 9'~ Street SW 9'~ Court SW 4'~ Avenue SW 8~ Street SW 59 Avenue Page Two The topographical survey shall extend a minimum of 5 feet beyond the road right-of-way. Floor eleva- tions of building structures within 30 feet of the fight-of-way shall be indicated. All topographical sur- veys shall have stationing established from south to north and west to east. d. The topographical survey shall extend to include the complete intersection at the t~minal end of each street (approximately 50' from the centerline in each direction). Cross-sections elevations at approximately 50-foot stations within project limits, including centerline of construction limits, edge of pavement, top of shoulder, bottom of shoulder, right-of-way line and low points. If swale areas are within the limits of survey work, then reflect swale areas and show spot eleva- tions. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of-way line and one 15-feet back) shall be indicated on the driveways to indicate direc- tion of grade. f. Identify limits and lines of platted rights-of-way (including bearing and distances from cent~lines), lot numbers, block numbers, house numbers (if available) and dedicated easements. g. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an ex- isting established County and/or City Benchmark. The above topographical survey data shall be prepared on AutoCAD format, Version 14, at a plan scale of 1"=20' horizontal. Separate layers for AutoCAD drawing information are to be established as directed by the City of Delray Beach. The CAD drawings will include all survey data collected in items No. 1, above. Suffi- cient data shall be shown on the CAD drawings so that the baseline can be recreated by the Contractor in the field. The legend of symbols for topographic features shall be consistent with previous work prepared for the City. The CAD drawings shah also include: a. Locations of utility pot-holing(~)' 3. Prepare boundary and topographic survey on Lots 3 and 4, Rosemount Villas Unit "B", according to lhe plat thereof recorded in Plat Book 29, at Page 183 of the Public Records of Paim Beach County, Florida. (I)Utility (pomMe water, sanitary sewer and storm sewers) pot-holing will be supplied by others, in a timely nmnner, as not to impede progress of I-rws. It will be HWS's responsibility to coordirmte with U.N.C.L.E. and have them locate all above- and below-ground existing utilmes (FP&L, Southern Bell, Cable TV, Natural Gas, etc ) w~thin the specified time frame for the survey work. Documenlatmn that U.N C.L.E. was onsite shall be prowded by HWS to the C~ty of Delray Beach. Submittal Materials HWS shall provide the City of Delray Beach one (1) plot of the drawings signed and sealed by a registered land surveyor for record purpose at 1"=20' scale, and one (1) computer disk with survey and drawing information com- patible with AutoCAD Version 14. Separate layers for AutoCAD &'awing information are to be established (as directed by the City of Delray Beach) at a minimum as follows: 1. Right-of-way text 2. Right-of-way lines 3. Lot text 4. Lot lines 5. Location text 6. Locations information 7. Topographic text 8. Survey notes and information Southwest Area Drain~e Improvement Proiect Tooo~raohy Survey SW 8* Cou~ SW 9* Street SW 9'~ Court SW 4e" Avenue SW 8~ S~'eet SW 5e" Avenue Page Two The above-mentioned services will be provided for a lump sum fee of Forty Two Thousand Two Hundred Forty Dollars and no/100 ($42,240.00). Completion Date Twelve (12) weeks after authorization to proceed, project will be completed. This service authorization is approved continent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City, in its sole discretion, is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the conlract without a further no- rice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: HELLER-WEAVER AND SHEREMETA, INC. David Schmidt Mayor Approved as to Legal Sufficiency and fo~m WimPs ~ STATE OF FLORIDA COUNTY OF PALM BEACH fiLE: JDW~CDB~DBCON0046 The following instnmaent was acknowledged before me this 8th day of May, 2001, by John D. Weaver, President of Heller-Weaver and Sheremeta, Inc., a Florida Corpo- ration, o~/behalf of the corporation. He is personally knownS, me a~/no_t tak~ an oath. Signature of P6rson Taking Acknowledgement Ina Adams Signature of Acknowledger (typed, printed or stamped) Agenda Item No.: AGENDA REQUEST DATE: June 1, 2001 Request to be placed on X Regular Agenda Special Agenda Workshop Agenda When: June 5, 2001 Description of item (who, what, where, how much): Execution of service authorization number 91- 45 to Heller-Weaver and Sheremeta, Inc. in the amount of $42,240.00 for the 2000 Road Bond SW Area II Improvements Project, Project 2001-047. The funding for this project will be provided from the following: Funding Source 2000 Road Bond SW Area II Account Number Amount 370-3162-541-65.58 $42,240. O0 ORDINANCE/RESOLUTION REQUIRED:. YES/NO DRAFT A'I-rACHED YES/NO Recommendation: Staff recommends execution of the service authorization number 91-45 to Heller-Weaver and Sheremeta, Inc. in the amount of $42,240.00 for the 2000 Road Bond SW Area II Improvements Project, Project 2001-047. Department Head {~~ ~__~ Signature: . ~ _ ~r _ d) Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available~O Funding alternative~'--' Account No. & Description 370-3162-541-65.58 Account Balance City Manager Review: ~/O~ Approved for agenda: N Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2001-018(A) projects/2001-0181contractJagenda.doc (if applicable) AGENDA REQUEST DATE: May 29, 2001 Request to be placed on x Regular Agenda Special Agenda Workshop Agenda When: June 5, 2001 Description of item (who, what, where, how much): Execution of service authorization number 91- 45 to Heller-Weaver and Sheremeta, Inc. in the amount of $42,240.00 for the 2000 Road Bond SW Area II Improvements Project, Project 2001-047j. The funding for this project will be provided from the following: Funding Source 2000 Road Bond SW Area II Improvements Project Account Number 370-3162-541-65.58 Amount $42,240.00 ORDINANCE/RESOLUTION REQUIRED. YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends execution of the service authorization number 91-45 to Heller-Weaver and Sheremeta, Inc. in the amount of $42,240.00 for the 2000 Road Bond SW Area II Improvements Project, Project 2001-0 47. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding availabl~NO Funding alternativc~--" ~ (if applicable) Account No. & Description 370-316~.-541-65.58 SW Area Improv/SW Area 2 Account Balance (See attached budget transfer copy) $868,056 City Manager Review: Approved for agenda:/?'ES/~NOHold Until: ~~/~1~__.~~~ ~ ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2001-018(A) projects/2001-018/contractJagenda.doc DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: THRU: DAVID T. HARDEN, CITY MANAGER RANDAL KREJCAREK, P.E. CITY ENGINEER 2,.~.,,./// FROM: JENNIFER SPAGNOLI, ENGINEER INTERN DATE: JUNE 1, 2001 SUBJECT: 2000 ROAD BOND SW IMPROVEMENTSISW AREA II PROJECT PROJECT #2001-047 AGENDA REQUEST Please find enclosed the agenda request for Commission to execute the service authorization number 91-45 in the amount of $42,240.00 to Heller-Weaver and Sheremeta, Inc. to survey the area encompassing the 2000 Road Bond SW Area II Improvements project. I have enclosed a map illustrating the streets to be surveyed. The streets to be surveyed include the following: 1 SW 8th Ct. SW 8th Ave. SW 6th Ave. 2 SW 5th Ave. SW 4th St. End 3 SW 8th St. SW 4th Ave. Swinton Ave. 4 SW 9th St. SW 8th Ave. SW 4th Ave. 5 SW 9th Ct. SVV 8th Ave. SW 4th Ave. 6 SW 4th Ave. SW 9th Ct. SW 7th St. Also included is a boundary and topographic survey of Lots 3 and 4 off of SW 6"~ St Funding Source 2000 Roadway Bond Account Number 370-3162-541-65.58 Amount $42,240.00 If acceptable, please place this item on the June 5, 2001 Commission meeting for Commission approval. Attachment Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file: 2001-047 (A) flle:s/engadmin/2001/2001-047/contract/agmemo.doc u .... ...................... .......................... ,'--'7--* 7" ............................................... ' : ..... '~'-' ..... - ..... ?-' '::'~'-'- ....... / .... :' '~'-'~ ...... ' ' · . .... ~ ' ' .... ~ ............./ 'I, ........ ,; .... "i' ...... <~ .............. ~ ........... ': ...... - ..... : ' - ...................................... I ' .... , ............. '_ ..... - ...... ,._ ..... ~i ..... :; ..... ' ; , , , ~ ~, , , , , , , , · ............... !,_.---~:- ........... : .......... ~ .... · ..... :,- .... 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'~ CITY of DELRAY BEACH 2o00 ROAD BOND ENWqONMENTAL SERVICES DEPARTMIENT S.W. AREA IMPROVEMENTS .. ,,~ ~ m~rro, ^~,,~ ne.~, ~ ~u:.n^ ~ LOCATI ON MAP HELLER-WEAVER AND SHEREMETA, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: ql-q S' CITY P.O. NO. (CITY'S'! i~. ]~OOJ~ ~J ,l~h. FOR CONSULTING SERVICES HELLER-WEAVER AND SHEREMETA, INC. TITLE: Southwest Aren Drnina~e Improvement Project TovoRravh¥ Survey SW 8t~ Court SW 9t~ Street SW 9t~ Court SW 4~ Avenue SW 8'~ Street SW 5t~ Avenue This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Con- tract, Dated July 25, 1991, between the City of Delray Beach and Heller-Weaver and Cato, Inc., now known as Heller-Weaver and Sheremeta, Inc. Project Description This project consists of a Topography Survey ofSW 8t~ Court from the intersection ofSW 6t~ Avenue to the inter- section of SW 8t~ Avenue. Also, SW 9t~ Street fxom the intersection of SW 4t~ Avenue to the intersection of SW 8m Avenue. Also, SW 9~ Court from the intersection of SW 4t~ Avenue to the intersection of SW 8~ Avenue. Also, SW 4t~ Avenue from the intersection of SW 9t~ Court to the intersection of SW 7m Street. Also SW 82 Street from the intersection of Swinton Avenue to the intersection of SW 4~ Avenue. Also SW 5th Avenue from SW 4~ Street South to its terminus. Scope of Survey Services: The Consultant shall provide professional surveying services consisting of field topography and horizontal and ver- tical locations. All existing facilities and utilities within the full fight-of-way of the established construction limits will be coordinated for the project and will include the following: Topography Survey within the limits as specified at a minimum of 50-foot intervals and at major ground ele- vation changes to depict existing ground profile at proposed pipe location and roadway improvements. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include: ao Location of all visible fixed improvements within project limits, including roadway pavement, sidewalks, walkways, curb, trees, shrubs, fences, walls, power poles, guy wires, street light poles and fixtures, and other encumbrances, including point of curvature and point of tangency. Location of all known above- and below-ground existing utilities: FP&L, Southern Bell, Cable TV, Natural Gas, and potable water (pipe diameter, valves and fire hydrants, force mains (pipe diameter, top of pipe and valves), drainage facilities including pipe diameter, direction and invert elevations, meter boxes, rim/grate elevations of all storm sanitary, and other accessible structures. This will include coordi- nation with Sunshine State Call One Center and the City of Delray Beach. Underground piping (potable water, force mains and storm sewers) shall be pot-holed by others in a timely fashion. There is no provi- sion for Consultant to probe or excavate for these underground utilities. Southwest Area Drainage Improve. ment Pro, iect Topoeraohv Survey SW 8th Court SW 9ta Street SW 9t~ Court SW 4t~ Avenue SW 8t~ Street SW 5t~ Avenue Page Two The topographical survey shall extend a minimum of 5 feet beyond the road right-of-way. Floor eleva- tions of building structures within 30 feet of the right-of-way shall be indicated. Ail topographical sur- veys shall have stationing established from south to north and west to east. The topographical survey shall extend to include the complete intersection at the terminal end of each street (approximately 50' fi.om the centerline in each direction). Cross-sections elevations at approximately 50-foot stations within project limits, including centerline of construction limits, edge of pavement, top of shoulder, bottom of shoulder, right-of-way line and low points. If swale areas are within the limits of survey work, then reflect swale areas and show spot eleva- tions. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of-way line and one 15-feet back) shall be indicated on the driveways to indicate direc- tion of grade. Identify limits and lines of platted rights-of-way (including bearing and distances from centerlines), lot numbers, block numbers, house numbers (if available) and dedicated easements. g. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an ex- isting established County and/or City Benchmark. The above topographical survey data shall be prepared on AutoCAD formal Version 14, at a plan scale of 1"=20' horizontal. Separate layers for AutoCAD drawing information are to be established as directed by the City of Delray Beach. The CAD drawings will include all survey data collected in items No. 1, above. Suffi- cient data shall be shown on the CAD drawings so that the baseline can be recreated by the Contractor in the field. The legend of symbols for topographic features shall be consistent with previous work prepared for the City. The CAD drawings shall also include: a. Locations of utility pot-holing(l) 3. Prepare boundary and topographic survey on Lots 3 and 4, Rosemount Villas Unit "B", according to the plat thereof recorded in Plat Book 29, at Page 183 of the Public Records of Palm Beach Cotmty, Florida. (I)Ufihty (potable water, samtary sewer and storm sewers) pot-holing wnll be supplied by others, in a t~mely manner, as not to impede progress of HWS It will be HWS's responsibility to coordinate with U.N.C.L.E. and have them locate all above- and below-ground existing utilities (FP&L, Southern Bell, Cable TV, Natural Gas, etu ) within the specified time flame for the survey work. Documentataon that U.N C.L.E was onsite shall be promded by HWS to the C~ty of Delray Beach. Submittal Materials HWS shall provide the City of Delray Beach one (1) plot of the drawings signed and sealed by a registered land surveyor for record purpose at 1"=20, scale, and one (1) computer disk with survey and drawing information com- patible with AutoCAD Version 14. Separate layers for AutoCAD drawing information are to be established (as directed by the City of Delray Beach) at a minimum as follows: 1. Right-of-way text 2. Right-of-way lines 3. Lot text 4. Lot lines 5. Location text 6. Locations information 7. Topographic text 8. Survey notes and information Southwest Area Draina, ge Improvement Project Topoeraohy Survey sW 8~ Court SW 9t~ Street SW 9a Court SW 4a' Avenue SW 8t~ Street SW 5~ Avenue " Page Two The above-mentioned services will be provided for a lump sum fee of Forty Two Thousand Two Hundred Forty Dollars and no/100 ($42,240.00). Completion Date Twelve (12) weeks after authorization to proceed, project will be completed. This service authorization is approved continent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City, in its sole discretion, is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further no- tice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: HELLER-WEAVER AND SHEREMETA, INC. Date: David Schmidt Mayor ATTEST: Approved as to Legal Sufficiency and form STATE OF FLORIDA COUNTY OF PALM BEACH NOTN;~'Y I~dBt.iC. ST&TE OF Ft. ORIDA COMM~S$10~,t # ¢C9~2224 BONDED THRU ASA 1-888..NOTARY1 FILE JDW~CDB\DBCON0046 The following instrument was acknowledged before me this 8th day of May, 2001, by John D. Weaver, President of Heller-Weaver and Sheremeta, Inc., a Florida Corpo- ration, o~ behalf of the corporation. He is personally kno~. me a~i~/no.t tak~ an oath. Signature of P~rson Taking Acknowledgement Ina Adams Signature of Acknowledger (typed, printed or stamped) MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # o~./~' - REGULAR MEETING OF JLrNE 5, 2001 SERVICE AUTHORIZATION # 8/MATHEWS CONSULTING, INC. (SW AREA II IMPROVEMENTS) DATE: JUNE 1, 2001 This is before the City Commission to approve Service Authorization #8 in the amount of $100,000.00 with Mathews Consulting, Inc. for professional engineering services related to the SW Area II Improvements. The service authorization covers the final design, bidding, geotechnical and improvements on the following streets: SW 9~ Street from SW 8th Avenue to South Swinton Avenue; SW 9~ Court from SW 8th Avenue to SW 2n~ Avenue; SW 8~ Court from SW 8~h Avenue to SW 6th Avenue; SW 8~ Street from SW 4th Avenue to South Swinton Avenue; SW6~ Avenue from SW 8~h Court to SW 7~h Street; SW 5~h Avenue from the cul-de-sac to SW 4m Street; SW 4~ Avenue from SW l0Th Street to SW 7~h Street; SW2~aAvenue from SW 10m Street to SW 9th Street; and Nassau Street from Gleason Street to SR A1A. Funding is available from 370-3162-541-65.58 (SW Area II Improvements). Recommend approval of Service Authorization #8 with Mathews Consulting, Inc. for the SW Area II Improvements project. Ref-~gmemol6.ServiceAuth.# .Mathews Consuking. SWArea.06.05.01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBdECT: David T. Harden, City Manager Randal L. Krejcarek, P.E., City Engineer 31 May 2001 2000 Road Bond Program SW Area Improvements, SW Area II Service Authorization # 8 with Mathews Consulting Commission Agenda Item Project # 200t-047 The attached agenda item is for Commission approval/authorization for the Mayor to execute Service Authorization # 8 with Mathews Consulting, Inc. This Service Authorization covers the Final Design, Bidding, Geotechnical, and Permitting for improvements on the following streets: Street From To SW 9~ Str SW 8~ Ave S Swinton Ave SW 9~ Ct SW 8~ Ave SW 2nd Ave SW 8~ Ct SW 8t~ Ave SW 6t~ Ave SW 8~ Str SW 4~ Ave S Swinton Ave SW 6~ Ave SW 8~ Ct SW 7~ Str SW 5~ Av Cul-de-sac SW 4t~ Str SW 4~ Av SW 10~ Str SW 7~ Str SW 2nd Av SW 10~ Str SW 9~ Str Nassau St Gleason St SR AIA These improvements include: reconstruction/resurfacing. drainage, water main upgrades, and, roadway The attached map shows the project locations. Total cost for this Service Authorization is $100,000.00. Funding is available from account # 370-3162-541-65.58, SW Area Improvements ~.~/,¢/~qrT'~ ~... Please place this item on the 5 June 2001 Commission Agenda. enc cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file t~ESSRVOO2~DEPARTMENTStEngAdmin~Projectst2OOf~agendamemoO5jun2OOl.doc Ma~' 30 01 OB:OSp Mathess Consulting, Inc. (S6i) 47B-79B~ p.2 CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE:. SERVICE AUTHORIZATION NO. it CITY EXPENSE CODE:. CITY P.O. NO. CITY PROJECT NO. FOR CONSULTING SERVICES 2001-047 MATHEWS CONSULT. PROJECT NO. 1111 TITLE: Southwest Area Infrastructure ImprovemenW This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services PROJECT DESCRIPTION The project involves the installation of water main upgrades, storm drainage improvements, and roadway resurfacing within the project limits. The scope of this Service Authorization is, but not limited to providing geotechnical services, final design, permitting, and bidding services for the following work: 1. Water Mains: S.W. 9°~ Court Install approximately 1,950 linear feet of 8-inch water main on S.W. 9th Ct. from S,W, 8th Ave. to S.W. 2"a Ave. Tie-ins are to be made at the intersection's of S.W. 9th Ct./S.W.8th Ave., S.W. 9th Ct./S.W. 4th Ave., and S.W, 9th Ct,/S.W. 2"a Ave. This will also include removing approximately 600 linear feet of 3-inch water main along S.W. 9th Ct. from S.W.4th Ave. to S,W. 2"d Ave. The existing water services located in the alley between S.W. 9th Ct, and S.W. 10t~' St. will be reconnected, The City shall provide Consultant with planimetric drawing indicating which houses to reconnect along S.W. 10th St. southwestareacontract.doc05/30/Ol 1 MATHEWS CONSULTING Ma~' 30 O1 06:05p Mathess Consulting, Inc. (561) 47B-TB64 p.3 $. VVr, 9tl~ Street Install approximately 680 linear feet of 8-inch water main on S.W. 9th Street from S.W. 8t' Ave. to S.W. 6th Ave. Tie-ins are to be made at the intersection of S.W. 9th St./S.W. 8tn Ave, and S,W. 9tn St./S,W. 6th Ave. This will also include removing approximately 680 linear feet of 3-inch water main along S.W, 9th St. frorn S.W. 8thAve. to S.W 6th Ave. Install approximately 1,400 linear feet of 8-inch water main on S.W. 9t~ St. from S.W, 4th Ave. to Swinton Ave. Tie-ins are to be made at the intersection's of S.W. 9th St./S,W. 4th Ave., S.W. 9th St./S.W. 2nd Ave., and S.W. 9th St./Swinton Ave. This will also include removing 580 linear feet of 3-inch water main along S.W. 9th St. from S.W. 4"~ Ave. to S.W. 2nd Ave. and removing 800 linear feet of 2-inch water main along S.W, 9th St. from S.W. 2'~a Ave. to Swinton Ave. Court th Install approximately 600 linear feet of 8-inch water main on S.W 8 Court from th ,~ th S.W, 8 Ave. to S.W. 6 Ave. Tie-ins are to be made at the intersection of S.W. 8th Ct./S.W. 8th Ave. and S.W. 8th Ct./S.W. 6th Ave, This will also include removing approximately 600 linear feet of 4-inch water main along S.W. 8t~ Ct. from S.W. 8tn Ave, to S.W. 6th Ave, S.W. 8th Street Install approximately 1,400 linear feet of 8-inch water main on S.W. 8th Street from S.W. 4rh Ave, to Swinton Ave. Tie-ins are to be made at the intersection's of S.W. 8th St./S.W, 4Ih Ave., S.W. 8th St./S.W. 2nd Ave., and S.W. 8th St./Swinton Ave. This will also include removing approximately 1,400 linear feet of 2-inch water main along S.W. 8th St. from S,W. 4th Ave, to Swinton Ave. S,W, 2nd Avelme Install approximately 550 linear feet of 8-inch water main on S.W. 2"a Avenue from S.W. 10tl~ St. tO S.W. 9th St. Tie-ins are to be made at the intersection of S.W 2nd Ave./S.W. l0th St. and S.W. 2"a Ave./S.W. 9~n St. This will also include removing approximately 550 linear feet of 4-inch water main along S.W. 2nd Ave. from S.W. l0th St. to S.W. 9th St. Install approximately 1,300 linear feet of 8-inch water main on S.W. 4"' Avenue from S.W. l0th. St. to S.W.7th St. Tie-ins are to be made at the intersection's of S.W. 4th Ave./S.W. l0th St., S.W. 4th Ave./S,W. 9a~ Ct., mid S.W. 4th Ave./S.W. 7th southwestareacontract.doc05/30/01 2 MATHEWS CONSULTING Ma~' 30 O1 OB:OBp Mathess Consulting, Inc. (SBll ~TB-79B~ p.~ St. This will also include the removal of approximately 1,300 linear feet of 2-inch water main $. W.. 5th Avenue Install approximately 1,900 linear feet of 8-inch water in.in on S,W. 5th Avenue from the cul-de-sac on S.W. 5th Ave. to S,W, 4th St Tie-ins are to be made at the intersection's of S.W. 5th Ave./S.W, 7th St., S.W. 5th Ave./S.W. 6th St., and S.W. 5t~ Ave./S.W. 4th St. The existing water services located in the alley between S,W. 5"~ Ave. and S,W, 4th Ave. will be reconnected. The City shall provide Consultant with planhnetric drawing indicating which houses to reconnect along S,W, 4th Ave. Stonu Drainage: $. VK 9`~ Court Install approximately 150 linear feet of 15-inch stomawater reinforced concrete pipe (RCP) mid 300 linear feet of 18-inch RCP extension on S.W. 9th Court. Catch basins will be installed at the intersection of S.W, 9th Ct./S.W. 6th Ave. and at the low spots along S,W. 9th Ct, The layout shall follow the City's Stormwater Master Plata. Street Install approximately 700 linear feet of 24-inch RCP extension on S.W. 9th Street, Catch basins will be installed at the intersection of S.W, 9th St./S.W. 6th Ave. and S.W. 9th St./S,W, 8th Ave. The layout shall follow the City's Stormwater Master Plan. $. W. 6th Avenue Install approximately 200 linear feet of 24-inch RCP extension on S,W. 6th Avenue. The layout shall follow the City's Stormwater Master Plan, Install approximately 1,400 linear feet of 18-inch (size to be verified) stormwater reinforced concrete pipe (RCP) extension on S.W. 4th Avenue from S.W, 9th Ct. to S.W.7th St, Catch basins will be installed at the intersection's of S,W. 4th Ave./S.W. 9a~ Ct., S.W, 4th Ave./S.W. 9th St., S.W. 4th Ave,/S.W, 8th Ct., S.W. 4th Ave./S.W. 8th St., and S,W, 4th Ave./S.W. 7th Ave. southwestareacontxact.doc05/30/01 3 MATHEWS CONSULTING May' 30 O1 OG:OSp Mathews Consulting, Inc. (561) 478-7964 p.5 Install a stormwater retention area (approx. 600 ft, x 1:50 ft.) on property owned by the City at the intersection of S.W. 4th Ave./S.W. 7th St. The location of the storrnwater retention area will be reviewed to ensure that the area does not encroach upon any of the City's existing raw water wells, $, W. 8~h Court Install approximately 800 linear feet of 18-inch (size to be verified) stormwater RCP extension on S.W, 8th Court from S.W, 8th Ave, to proposed retention area on lots 4 and 5 on S.W. 6th Ave. Catch basins will be installed at the intersection's of S.W. 8th Ct,/S,W, 8th Ave., S.W, 8th Ct,/S,W. 7th Ave.. and S.W. 8th Ct./S.W. 6th Ave. Install a stormwater retention area (150 ft. x 150 fi.) on property to be purchased by the City at the intersection of S.W. 8th Ct./S.W. 6th Ave, The location of the stomawater retention area will be reviewed to ensure that the area does not encroach upon any of the City's existing raw water wells. Nassau Street histall approximately 300 linear feet of 18-inch stormwater RCP extension on Nassau Street. Roadway Resurfaeing: S, ~V, 9th Court Roadway resurfacing with typical swale along S.W. 9th Court from S.W. 8th Ave. to S.W. 4th Ave. $. W, 9~ Street Roadway resurfacing with typical swale along S.W. 9th Street from S W. 8th Ave. to S,W. 4th Ave. S, W, 4#~ Avenue Roadway resurfacing with typical swale along S.W. 4.th Avenue from S.W, 9th Ct, to S.W, 7th St. Roadway resurfacing with typical swale along S.W. 8th COLtI't from S.W. 8th Ave. to S.W, 6th Ave. southwestareacontract.doc05/30/O 1 4 MATHF. Wfi CONSULTING Ma~ 30 O1 06:06p Mathems Consulting, Inc. (S61) 478-79~4 p.6 !1. SCOPE OF SERVICES Phase I - Study and Report Phase Not Applicable. phase 1I - Preliminary Design Phase Not Applicable. Phase III - Final Design Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated June 2, 1999. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirenients of the cun'ent City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey infonrtation prepared by City's surveyor using AutoCAD Release 2000 format. Contract documents consisting of "front-end" documents mid technical specifications shall conform to City of De[ray Beach Standards and the FDOT Standard Specifications for road and bridge work. Drawings and specifications (four copies) shall be submitted for City review at 50% and 90% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of AutoCAD (Version 14 or current City version) files in electronic format on 3-1/2" disk. At the 50%, 90% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. southwestareacontrael.doc05/30/O1 5 MATHEWS CONSULTING Ma~ 30 O1 OS:O?p Mathess Consulting, Inc. (SS1) ~?B-796~ p.? Phase IV - Bidding/Negotiatiola Phage Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide one (1) master set of bidding docmnents to the City to make copies and issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. Consultant shall attend pre-bid coxfferenee and provide a written summary of issues discussed. Consultant shall issue addenda and shall provide supplemental reformation or clarification, as appropriate, to interpret, clarify, or expand thc bidding documents to all prospective bidders during the bid period. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Phase V- Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit an Addendum to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City. Other - Geotechnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: Perform up to fifteen (15) standard penetration test (SPT) borings to an average depth often (10) feet. Perform up to two (2) open hole exfiltration tests to an average depth of six (6) feet. Evaluate field data collected and provide geotechnical engineering evaluation report. southwestareacontract.doc05/30/O1 6 MATHEWS CONSULTING Ma~ 30 O1 OB:OBp Mathems Consultinc, Inc. (561) 47B-?964 p.8 Other - Permitting At the outset of the Design Plxase the Consultant shall meet with the appropriate pen~titting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD), Palm Beach County Health Department (PBCHD), Florida Department of Trm~sportation (FDOT), and City of Delray Beach. Permit applications shall be completed for SFWMD, PBCHD, FDOT, and City of Delray Beach. Associated permit application fees shall be determined by Consultant and paid by City. Note: since the water mains are not contiguous, it is anticipated that three (3) general drinking water permits will be needed. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. · Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit applications. · Respond to request(s) for additional information from each agency. Note: Permimng services for SFWMD do not include stormwater basin modeling of the project area. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of sanitary, water, drainage and roadway improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to tmcertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the fee to be paid in accordance with the Agreement. · A time established for completion of the work. southwestareacontract.doc05/30/01 7 MATHEWS CONSULTING Ma~' 30 O1 06:08p Mathess Consulting, Inc. (SG1) 478-7964 p.9 III. TIME OF PERFORMANCE The completion dates for th/s work will be as follows (starting at written notice-to-proceed). Engineering Services Time pm' Pha~e Cumulative Time Phase III(i) 12 weeks 12 weeks Penuitting 6 weeks 18 weeks Phase IV 6 weeks 24 weeks (I) Geotechntcal will be completed durtng Phase HI time period IV. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordmlce with Article VII, Method II, up to the following not to exceed cost for each phase. Engineering Services Estimated Fees Phase III - Final Design Phase Phase IV - Bidding Phase Geoteclmical Permitting Out-of-Pocket Expenses Addlttonal Services $ 84,500.00 $ 3,000.00 $ 4,500.00 $ 6,0OO.OO $ 2,000,00o) $ 15,000.00 TOTAL PROJECT COST $ 100,000.00(2) Notes. ( I ) Out_of_Poc/~et Expenses include the following: printing/reproduction and po,vtage. {2)Total project cost does not include the $15, O00 for Additional Services (if aulhorized by the City}. southwestareacontract.doc05/30/01 8 MATHEWS CONSULTING Ma~ 30 O1 06:09p Mathess Consulting, Inc. (SB1) 47B-?gB4 p. lO This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided m the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may not commence work on and Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: David Schmidt, Mayor Date: David Mathews, P.E., Vice President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of ~., 2001 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement southwestareacontract.doc05/30/01 9 MATHEWS CONSULTING !' '' ' ' / "' : : 't"~ ~ ....... S.w. 6~ __~ / ..... ~- ST.. . ........... L. ............ ~t~.' .................. ~'-~-~ ............ :~ ......... "'"-~/ / ~--" ' / ..... . ...... / ..... , ..... / ,, .... / / / ', ',j : , i~ ~ :' / ', / ' .~' ~. ~ c~. / ~ ~ / S.~. 8~ C~RT ' m ~ S.W. 10TH STREET ~ O~ o~ DELRAY BEAOH s.~. ~ ~ov~s, ~:~,~0, ~~~ ~ ~p~ S.W. AREA II S~E~ ~ ~ ~ ~ ~ ~ ~ ~ ~001 --04~ Agenda Item No. d°`Z,. AGENDA REQUEST Date: 31-May-2001 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 05-Jun-2001 Description of item (who, what, where, how much): Attached is an agenda item for Commission approval/authorization for the Mayor to execute Service Authorization # 8 with Mathews Consulting, Inc. This Service Authorization covers the Final Design, Bidding, Geotechnical, and Permitting for improvements on SW gh St, SW ~ Ct, SW 8th Ct, SW 8th St, SW 2~d Ay, SW 4th Ay, SW 5t~ Ay, SW 6~h Ay, and Nassau St,. These improvements include: drainage, water main upgrades, and, roadway reconstruction/resurfacing. The attached map shows the project locations. Total cost for this Service Authorization is $100,000.00. Funding is available from account # 370-3162-541-65.58, SW Area Improvements/~'(,d,~/,-¢~ 2-. ORDINANCE/RESOLUTION REQUIRED. YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recomm,,,,~ds .a/~al/authorization _ Department head signature (/~}.~..~.~3~¢ ,'~~ / Determination of Consistency with ComPrehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re..Gu~ed on all items involving expenditure of funds): Funding available: E~._~NO Funding alternatives (if applicable) Account No. & Description 370-3162-541-65.58, SW Area Improvements~l'd'/.4]j~g~z Z. Account Balance~..~ City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ~ESSRVOO2~DEPARTMENTS~EngAdmin~Projects~2OOltagendaO5jun2OOl.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDAITEM # O0'/V[ - REGULAR MEETING OF JUNE 5, 2001 DEDUCT CHANGE ORDER #2 & FINAL PAYMENT/AHRENS (ESD MAINTENANCE & PARKS MAINTENANCE EXPANSION PROJECT) DATE: JUNE 1, 2001 This is before the City Commission to approve deduct Change Order # 2 in the net deduct amount of $8,854.91 with Ahrens Companies for completion of the ESD Maintenance & Parks Maintenance Expansion Project. All changes are itemized on Exhibk "A'. Also requested is final payment in the amount of $47,164.85. The project is complete and has been inspected and approved by staff. Funding is available from 334-4131-572-62.10 (Parks Maintenance) -$471.72; and 334-6112-519-62.10 (Building Maintenance/Garage) -$8,383.19. Recommend approval of deduct Change Order #2 and the request for final payment to Ahrens for completion of the ESD Maintenance & Parks Maintenance Expansion Project. Ref:Agmemo16.Closeout.AhrensESD&ParksMaintenance.06.05.01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DAVID HARDEN City Manager VICTOR MAJTENYI ~{ Assistant Construction Manager www delrayesd com SUBJECT: ESD AND PARK MAINTENANCE EXPANSIONS: AGENDA REQUEST CHANGE ORDER #2(FINAL) AND FINAL PAYMENT DATE: MAY 29, 2001 Attached is an Agenda Request for City Commission to approve a netdeduct Change Order #2, Final, in the amount of $8,854.91, and final payment in the amount of $47,164.85 to Ahrens Companies for completion of the ESD Maintenance Building Expansion (PIN 2000-051) and Park's Maintenance Building Expansion (PIN 99-032) projects. All changes are itemized on the attached Exhibit A to Change Order #2, Final. Commission approved Change Order #1 on September 19th, 200~ in the amount of $43,930.28 for the replacement of all overhead doom at fleet garage and park maintenance. The substantial completion date for this project was December 20, 2000. The project was not completed until March 5, 2001. With acceptable changes and approved time extensions, liquidated damages have been negotiated and applied to a net 25 days. Staff recommends the City Commission approve Change Order #2/Final in the amount of ($8,854.91) and final payment in the amount of $47,164.85 to Ahrens Companies for the completion of the ESD and Park's Maintenance Building Expansions project. Funding is available from account 334-4131-572-62.10, Park's Maintenance (-$471.72); and 334-6112-519-62.10, Maintenance/Garage (-$8,383.19)A Contractor Evaluation is also attached. Building Richard Hasko Dan Beatty Joe Weldon Howard Wight File 2000-051 (A) S ~Eng~4dmtn~Projectsl200012000-051 ~CONSTRCl~agmemoCO2fin 060501 doc CiTY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. PROJECT TITLE: TO CONTRACTOR: Two (2)/Final PROJECT NO. 99-32 / 00-51 DATE: ESD Maintenance / Parks Maintenance Building Expansions Ahrens Enterprises, Inc. d/b/a Ahrens Companies, YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Plus/Minus quantities as detailed on Exhibit "A" attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANGE ORDER -2 5 % TOTAL PER CENT INCREASE TO DATE 9.9 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, 25 $352,909.09 $43,930.28 $396,839.37 ($8,854 91) $387,984.46 CALENDAR DAYS. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. CONTRACTOR (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department .334-6112-519-62 10, Building Ma,nt / Garage-8383. t CJand 334-4131-572-62.10, Park Maintenance ~ DEPARTMENT RECOMMEND: ENGINEER/DIRECTOR APPROVED: CITY ATTORNEY s:\...\0051\CO2/Final FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission By: ATTEST: By: MAYOR CITY CLERK EXHIBIT "A" ESD 8, Parks Maintence Building Pd 2ooo-o51 Change Orders Summary owner Unforeseen NE Design Requested Descnpbon Conditions Revisions Revisions New garage doors for ESD, Public Works, and Garage Relocate Fire Dept. connection to west side of budding Park Maint' new door & frame as required by FD for egress Provide and mount to walls, four fire extinguishers, per FD. Prowde framing for drywall partition at storage area FD required 2hr fire seperabon. tg of mansards and parapet to match exs~ting Upgrade water I~ne & backflow preventor from 1" to 1-1/2" Frame southern bulkhead I-beam at storage area. Frame storage ama ceiling to receive stucco. Frame Mansard as per revised structural plan approved by Bldg dept. Roof T~e-ln work; construct parrapet, cants, and ~nstall elasto-flash between ex~sbng roo and new roof. Remove fencing at Storage area contract. Install 4" additional cast iron roof drain at Parks d~fference between FF elevation and existing grade elevation. $ 1.595.7¢, $ 1.435 $ 1,618 2; $ 957 9.= $ 3,118 7.= $ 1,156 6~ 369 5( $ 2,456 87 $ 4,233 7; $ 631 8c. $ (1,900 001 $ 286 6( $ (4,18379', ESD Mmntenance and Park Mmntenance Expansions Pq 2000-051 99-032 Page 1 of 2 The use of flowable fill in leiu of hmerock base at apron transitions Credit for Asphalt be-~n work around eliminated from scope $ (2,249 {emove 2 sets of 7' h~gh windows on ESD south wall and fill with block, drywall, & $ 1,642 nstall 4" additional cast ~ron roof drain at ESD. Install drywall ceihng to Work Shop Area. Replace 6 lay-in flourecent light surface mounted type, required for new drywall ceiling Vinyl flooring instead of concrete sealer. Paint new drywall ceiling ~n workshop area. $ 631 $ 953 1~ $ 262 between Rms 130 & 108 $ 278 by ESD Maint. personnel Credit for asphalt patch from utility work. $ (~Sl Electrical disconnect switches to hurricane $ shutters. L~qu~dated Damages for Delay negotiated $ settlement of 25 days ($3001day). Pending Change Orders $ (4,469 07) $ 17,331 91 $ (6,717 75) Total of Changes $ 8,145.09 Contingency Allowance Changes Net Changes ESDMaint. $ (5,00000) $ (3,38319) $ (8,38319) Park Maint. $ (lO,OOO oo) $ 9,528 28 $ (471 72) Net Total Change Order $ (8,854.91) ESD Maintenance and Park Ma~ntsnance Expansions Prj 2000-051 99-032 Page2 of 2 Agenda Item No. AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda ~ Workshop Agenda Date: May 29, 2001 When: June 5, 2001 Description of item (who, what, where, how much): Change Order #2(Final) in the net deduct amount of $8,854.91 and final payment in the amount of $47,164.85 to Ahrens Companies for the completion of the ESD and Park's Maintenance Building Expansions. The change order inc. h,des negotiated liquidated damages for delays. Funding is available from ......... J), ESD Maintenance Building, 334-4131-572-62.10 (-$471.72), Park's Maintenance Building; and 334-6112- 519-62.10-($8383. :t 9), Building Maintenance/Garage. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'I-I'ACHED YES/NO Recommendation: Staff recommends.~pproval of Change Order ~2 and final payment. Department head signature: ~._~~ ~ .-~z~~'~/ ~'-~?-oj 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: ~___~NO Funding alternatives-- .(if applicable) Account No. & Description Building , ,, 334-4131-572-62.10 (-$471.72), 334-6112-519-62.10- (-$8,383.. 19) ]~,,~ 1 ,~ing Account Balance City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: s.\ ..~projects~000-051\construction~Agenda request 060501 doc MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Kenneth L. Thomas, Community Development Administrator ~]..~ Lula Butler, Community Improvement Director ~ May 25, 2001 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to one (1) eligible applicant/family under the Delray Beach Renaissance Program. The subsidy represents the 124th homeownership assistance grant 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 parmership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Commumty 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 apphcant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATIONS Staff is recommending City Commission approval to fund a subsidy for one (1) eligible applicant/family of the following property: (Acqmsltion Rehablhtation) 2125 SW 12th Court (Lot 13, Block 1, Delray Beach Highlands Sec. 1, PB 26, Page 209) $11,000. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 69.04 NAME Lorenzo Goodman PROPERTY ADDRESS 2125 SW 12th Court, Delray Beach LEGAL DESCRPTION Lot 13, Block 1, Delray Beach Highlands Sec. 1, PB 26, Page 209 % OF AREA MEDIAN HOUSEHOLD INCOME 74% FIRST MORTGAGE RATE 6.50 % LTV 95.00 % PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION COST OF LOT COST OF EXISTING UNIT NON- PROFIT DEVELOPER'S FEE Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) TOTAL TRANSACTION: FIRST MORTGAGE TOTAL SUBSIDY Second Mortgage $ 8,000.00 Developer's Fee $ 3,000.00 N/A N/A $83,355.00 $ 3,OOO.0O $ 1,679.00 $ 2,758.00 $90~792.00 $76,000.00 $11,000.00 THIRD MORTGAGE OTHER CREDITS Estu-nated Cash To/From Borrower (Lender 1003) $ 500.00 $ 3,292.00 NO. IN HOUSEHOLD 2 (including rehabilitation costs) Community Financing Consortium City of Delray Beach SHIP Deposit FAIRWAY CONDOS DEL-AIRE LOWSON FAIRWAYS ON THE GREENS APARTMENTS BOULEVARD [:)EL R E Y A Y DELRA Y COMMERCIAL CENTER SHERWOOD PLAZA DELRA Y MINI - S TORA GE MALAYAN DR S.W 11TH COURT DRIVE ~ s w. 12TH CT S.W ST W 15TH CT SUMAC S.W 14 ST BLACK OLIVE BOULEVARD P / ~ CATHERINE ~ LINTON BOULEVARD LINTON SQUARE PLAZA I OFFICE PARK CITY OF DELRAY BEACH, FL PLANNING z,, ZONING DEPARTMENT 2125 S.W. 12TH COURT 12.43-46-19-02-001-0130 AGENDA REQUEST Request to be placed on: Regular Agenda Special Agenda __ Workshop Agenda xxxx Consent Agenda Date: May 25, 2001 When: June 5, 2001 Description of item: Authorization and approval to issue a subsidy to one eligible applicant under the Delray Beach Renaissance Program in the amount of $11,000.00. Note: Lorenzo Goodman ($11,000 SHIP)represents the 124th homeownership assistance grant provided under the Renaissance Program to date. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy award. Funds are to be awarded from the State Housing Initiatives Parmership (SHIP) Program. SHIP Total $11,000.00 Account# 118-1924-554-83.01 Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda:~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s ~commun-l\cd~renprgm~agenrequ doc ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager l(obertA. Barcinski, Assistant City Manager AGENDA ITEM CITY COMMISSION MEETING JUNE 5, 2001 SPECIAL EVENT APPROVAL- ART & JAZZ ON THE AVENUE DATE: May 29, 2001 ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for June 28, 2001 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the southside of Atlantic from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, NE 2nd Avenue from Atlantic to NE 1st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, and set up of City stages. BACKGROUND Attached is a request for approval and City assistance for this event from Marjorie Ferret. The estimated overtime cost for this event is $7,000. City Commission has capped the amount the City would pay for overtime at $6,500 for the last five events. Actual overtime costs for May event were $6,596. A copy of the hold harmless agreement and certificate of insurance are attached. A copy of the annual budget is attached. This is not new event. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $6,500 for overtime costs with any difference to be paid by the Joint Venture. RAB/tas Cc: Lt. GeoffWilliams Joe Weldon Harold Bellinger File u sweeney/asmemos Doc'Memo to DTh re Art & Jazz on the Ave May 23, 2001 Mr Robert A. Barcinski, City of Delray Beach 100 N.W. l~t Avenue atlantic avenue ssistad~"City Manager Delray Beach, FL 33444 RE: AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE Dear Mr. Barcinski: RECEIVED MAY 5 2001 CITY MANAGER City Commission is requested to endorse the Art & Jazz on the Avenue event scheduled for Thursday, June 28, 2001 and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from: o Swinton Avenue to 7th Avenue o South side of Atlantic Avenue from 7th to just past the Blue Anchor Pub o Railroad Way from Atlantic Avenue to N.E. 1st Street o NE 2"~ Avenue from Atlantic Avenue to NE 1sT Street Closure will be from 6:00 p.m. to 11:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, monitoring the FEC railway crossing, stage use setup and removal, and banners and signage setup and removal. The City's support of this event, with no charge to the Joint Venture, is crucial to our success. Your consideration and cooperation is very much appreciated. Sincerely, 1 Downtown Coordinator DELRAY BEACH JOINT VENTURE * Commumty Redevelopment Agency * Delray Beach Chamber of Commerce * Downtown Development Authority 64-A S E Fifth Avenue, Delray Beach, FL 33483 * Tel 561-278-0424 · 561-278-0555 * www delraybeachvdlagebythesea com .SPE CI/, I.'. EVENT 'i'h ~= .Do',,,,nlov,,n D.:'.l~.v B.,..~chZIoMl-'.-\ze:~!um. (Name of I_--:liiiy) clolla;s, r~ceio~ of which is hereby ,:c!,rKh',~eoo~o, ~nd defend Ihe CJiy o~ /)i,~5, Be~ch, J,s a~!.n~s ~,nd employees h'om al! s-oJis, --" ' ' ;~nd c.~ajms Jn~ucllrlfl ~.[R~mey's leos and ', .... , '" ' -. . cos .... tk: m~n~ Io any daim. l~tigaiion,, · - ;.--:t-' g--'i,-~,, ,--o/I,t ,:c,,,,,.,mu~,.x u. p,o~ .. ~o;)eal andjudqmed of oreo' name .. ~-...,.,ld, . . cL A~i and (Iqama oF Eni;b') '/his J;~de~i~rJific~lio.q and },.)..) }{~rtiless ~no Defend Agreement js only Is li~e e>:lent under Scot,dale InsuF=nce Compare)' Policy pumber CLS420'i 15. ART .gND J/,ZZ (Name of ~pec:,r:.l Eve;):) 5'el,..;_ (Please lype or pfint nam=O U.L / .L u , .ACOR__D. P. O. D:awe~ 730 ~hone:551-276-5221 Fax:S61-276-SZ4& CERTIFICATE OF LIABILITY INSUr~A~ei= ~. ,~I ~A,=-i.,~,~0,/~0/01 TH~ CE~',TIFICAT'E i~ ISSUED AS A MATTER OF SNFORMATION ONLY AND CONFERS NO RIGiHT5 UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES aELOW, INSURERS AFFORDING COVERAGE Dcwn~own Delray ~each Joint Venture 64 S.E. ~th Avenue_ Delray Beao~ FL ! JINSURER G' tINSURER D, , IN~;LIRER E' COVERAGES THE I:>OLiCIE.~ OF INSLJI~ANC~ 'I~ISTED BELOW ~VE BEEN I~UED TO THE tNSU~E'D ~EO ~O~ FO~ r~E 'poLIcY P~RIOO IND~EO. NO~I%HSTA~6~G " ~Y ~EQUIREMENT, TERM O~ CON~ON OF ~Y CONTACT OR OTHER ~CUM~NT WITH RESPECT ~Y ~RTAiN, THE INSU~NCE ~F~DEO BY THE PObCIE~ D~CRI~D HEREtN IS S~ECT TO ~L TH~ TERMS, ~OLUSIO~ AND CONOIT~8 Off SUCE POLI~. AGG~TE L~IT~ ~HOWN ~Y HAVE BEEN RED.ED BY PAID 5~.~ ~ ~ 1000000 ~ ~L OWNED AL~$ NO~N~ a~O~ I PROD~R~ 9A~ I ~OS LI~&ITy ~ _ ~) ~Y~U~o ~A~cc I S I i' .... EMPLOYES' LI~IUTV j I ~E.L. EA~ A~NT ER .. t D~I~IDN OF OPE~TiON~O~ATIONSA'EHiC~BXgLU5IONS ~DED BY ENDORSEM~TlSPE~L PROVI~[~ .... ~ol~e~ iu n~ as a~%ional n~d ins~x~, ~ial on the Aven~e & 8 S~r Nigh%~ on ~e Avenue CERTIFICATE HOLDER I [q I ADDITION,k. INSURED INSURER LE'r"~ER' CANCELLATION D~-LRA-1 City of Delray Bea~h 100 N.W. 1st Avenue Delr&y ~&c~ F~ 33483 A~ORD26-SlT~7) &HO%ILD .aNY OF TH~ ABOVE DESC:RI~ED POLICI~& BE DAN~ELLED B~RE THE ~XPI~TIOA THEREOF, THE IS~CINQ INSURER WI~ ENDEAVOR TO MAIL- AL DAYa W~ITTEN NOTICE TO THE CERT~ATE HOLDER N~D TO THE LE~, B~T FAILURE TO ~0 SO S~LL ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager AGENDA ITEM CITY COMMISSION MEETING JUNE $, 2001 SPECIAL EVENT REQUEST - 4TM OF JULY CELEBRATION DATE: May 29, 2001 ACTION: City Commission is requested to endorse the 4th of July Celebration, grant a temporary use permit per LDR's Section 2.4.6(H) for the closure of Atlantic Avenue from the east side of NE/SE 7th Avenue to Ocean Blvd., and from the south side of Thomas Street to the north side of Miramar on Ocean Blvd. from 2:00 p.m. to approximately midnight, to waive LDR's Section 4.6.7(c) (5)(a) and (9) to allow banners and flags, to waive City ordinances 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. Commission is also requested to provide staff support for security and traffic control, street barricading and banner hanging, stage set up and use, and clean up and trash removal. BACKGROUND: The 4t~ of July Celebration is sponsored by the city through the Parks and Recreation Department in parmership with the Joint Venture. The Parks and Recreation Department is responsible for event management, planning and coordination of staff support. The Joint Venture contracts with the fireworks vendor for the display and barge, assists in fund-raising, helps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and coordinates media coverage. There will be a sand-sculpting contest on the beach from approximately 6:00 a.m. until noon. A bicycle parade will start at 4:00 p.m. and entertainment will begin at 6:30 ~.m. The fireworks show starts at approximately 9:00 p.m. The rain date for the event is July 5~. Various vendors, as well as, the Marriott and restaurants on south Ocean Boulevard will be set up along Ocean Boulevard selling food and beverages beginning at approximately 5:00 p.m. The cost of the fireworks display and barge rental is approximately $47,000. The City contributes $40,000 to the Joint Venture to help offset the costs of the fireworks display and barge rental. Overtime costs for staff support are approximately $16,000 and are paid for through the City departmental budgets. In addition, barricade rental costs and portable lighting rental costs are about $1,500. The inkind value of media support and other event support is approximately $25,000. Liability insurance is assumed by the City. A budget from the Joint Venture, our partner for the event, is attached. RECOMMENDATION: Staff recommends approval of the event, the temporary use permit for street closures, waiver of LDR's to allow banners and flags, waiver of City codes to allow assembly on the beach and vendors on A-l-A, and staff support as stated. RAB/tas Filc:u:swceney/asmemos Doc:Memo to DTH re 4t~of July Celebration JULY 4TH 2001 CELEBRATION SCHEDULE Draft 8:00 am - 12 noon 5:00-10:00pm 6:30-8:30pm 8:30pm 8:45pm 9:00 Fireworks by Grucci Music Selections Song Title Sand Sculpting Contest and Kite Demonstration presented by the Delray Beach Rotary Sunrise and sponsored by Castles by the Sea Real Estate. Theme will be "America the Beautiful". 1pm winners will be announced. Ocean Boulevard and Atlantic Avenue on the beach. Registration Information, call 279-1380 ext 17. Patriotic Bicycle and Scooter Parade, presented by the Delray Beach Youth Council, sponsored by Target Stores. Ocean Boulevard at the Delray Beach Marrioff. Theme will be "America the Beautiful", Decorate your bikes and scooters and register for the Big Prizes, including a new bicycle, helmets, scooters and much more! Open to all ages. For registration information, call 243-7231. History of the American Flag Exhibit, sponsored by Old School Square- flying high above the intersection of Ocean Boulevard and Atlantic Avenue. FREE CONCERT - with Savana - Americana Music- Blue Grass to Cajun Atlantic Avenue at Ocean Boulevard- bring your lawn chairs. First Salute...30 minutes to show time. A Red, White & Blue 8" Star Shell will let you know show time is in fifteen minutes. Make sure your radios are set to Sunny 104.3 FM for the fireworks music simulcast. Fireworks Celebration Introduction Duration 22 minutes Artists MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~.S. - REGULAR MEETING OF JUNE 5, 2001 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JUNE 1, 2001 Attached is the Report of Appealable Land Use Items for the period May 14, 2001 through June 1, 2001. 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. Ref~pagmemo/Appealables/06-05-01 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN,.,~ITY MANAGER ~AAU'~L D~~~E CTOR OF PLANNING AND ZONING ASMIN ALLt-r~, P N MEETING OF JUNE 5, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MAY 14, 2001 THRU JUNE t, 2001 The action requested of the City Commission is that of review of appealable actions which, were made by various Boards during the period of May 14, 2001 through June 1, 2001. 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. No appealable items were considered by the Board. The following items will be forwarded to the City Commission for acti(~n. Recommended approval (7 to 0), of a rezoning request from GC (General Commercial) to AC (Automotive Commercial) for a parcel of land located on the west side of North Federal Highway, approximately 920 feet north of Lake Avenue for Autobahn Motors, Inc. Recommended approval (7 to 0), qf a conditional use request to allow the establishment of a full service vehicle repair facility for Autobahn Motors, Inc. located on the west side of North Federal Highway, approximately 920 feet north of Lake Avenue. City Commission Documentation Appealable Items Meeting of June 5, 2001 Page 2 Recommended approval (7 to 0), of the abandonment of a 16' east/west alleyway and a portion of the north/south alleyway lying within Block 28 (north 400 Block of West Atlantic) for the Atlantic Grove Development. At the applicant's request the Board continued the conditional use request to allow a mixed-use project with a density of more than 12 units per acre for the Atlantic Grove Development, located on the north side of West Atlantic Avenue between NW 3rd and NW 5th Avenues. Recommended approval (6 to 1, Randolph dissenting), of a conditional use request to allow the construction of a 125 foot high telecommunication tower at the BFI site, located on the east side of SW 4th Avenue, north of Linton Boulevard (1473 SW 4th Avenue). Recommended approval (7 to 0), of the preliminary/final plat for Valencia Court, a proposed 6 lot subdivision, located on the north side of Old Germantown Road, east of the Spanish Wells Subdivision. Ao Approved (5 to 0, DeCapito and Eliopoulos absent), a modification to the master sign program for the Arbor Office Park to add a fiat wall sign for Universal which will be the sole tenant of the building located at 1625 South Congress Avenue (formerly Seagrams site). Bo Approved (5 to 0), a fiat wall sign for Nextel, located within the Linton Square Shopping Center at the northeast corner of Linton Boulevard and Congress Avenue (1585 South Congress Avenue, former Bonos Restaurant). C. Approved (5 to 0), a fiat wall sign for O'Halloran's Flowers, located on the south side of NE 2nd Street, east of Pineapple Grove Way (206 NE 2nd Street). D° Approved (5 to 0), a fiat wall sign for Cingular Wireless located within Linton Center, at the southwest corner of Linton Boulevard and SW 10th Avenue (1000 Linton Boulevard). Eo Approved (5 to 0), fiat wall signs for Victoria Lillian, located within an existing commercial building on the north side of East Atlantic Avenue, west of Andrews Avenue (1161 thru 1165 East Atlantic Avenue). Approved (5 to 0), a modification to the, previously approved architectural elevation plan associated with a proposed building within the Royal Commercial Plaza industrial site, located on the east side of Congress Avenue, north of West Atlantic Avenue (41 Congress Avenue). City Commission Documentation Appealable Items Meeting of June 5, 2001 Page 3 Approved (5 to 0), the elimination of a previous condition of the site plan approval as it pertains to the depiction of a cross-access easement at the southwest corner of the Delray Park of Commerce, Tract G-I (Store Tech) site, located on the east side of Park of Commerce Boulevard (NW 17th Avenue), approximately 900 feet north of Fountains Way. Ho Approved (5 to 0), a Class II site plan modification and architectural elevations associated with the construction of a gazebo/spa and fencing at Sloan Court, an existing multi-family development located on the southwest corner of NE 7th Avenue and NE 5th Street (434 NE 7th Avenue). Approved (5 to 0), a Class II site plan modification, landscape plan and architectural elevation plan associated with a kitchen and storage room addition at the clubhouse facility at DeI-Aire, located on the east side of Military Trail, approximately 3/4 mile south of Linton Boulevard. Jo Approved (5 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 836 square foot building addition on the west side of the existing building at Bob's Printing, located at the northeast corner of SE 5th Avenue (southbound Federal Highway) and SE 2nd Street. Approved (7 to 0), a request for a' Certificate of Appropriateness for exterior building lights for the proposed bandshell concession/restroom/sound and light building at Old School Square, located at the northeast comer of East Atlantic Avenue and Swinton Avenue (51 North Swinton Avenue). Other items: The Board recommended to the Planning and Zoning Board approval (4 to 3) of the conditional use request for the Atlantic Grove Mixed-use project to allow the density to exceed 12 units per acre. Also, on a 7 to 0 vote the Board recommended to the Planning and Zoning Board the approval of the abandonment of the east/west and a portion of the north/south alleyway in Block 28 (north 400 Block of West Atlantic Avenue) associated with the Atlantic Grove project. By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- JUNE 5, 2001 L.,~O CANAl, ~ LAKE IDA ROAD I,, ,~ I-'~°-°- " I r ...... ' .[-1 UI IL ..... .i L,! . .... i. ..... N.W. ~ ST. C-15 CN~4L UIITON $.P.R.A.B: A. UNIVERSAL B. NEXTEL C. O'HALLORAN'S FLOWERS D. CINGULAR WIRELESS E. VICTORIA LILLIAN F. ROYAL COMMERCIAL G. DELRAY PARK OF COMMERCE TRACT G-I (STORE TECH) S.P.R.A.B. CONTINUED: H. SLOAN COURT I. DEL-AIRE J. BOB'S PRINTING H.P.B.: OLD SCHOOL SQUARE ~ ........ C~'Y LIMITS --.~, ..... ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2001 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # g."~. - REGULAR MEETING OF IUNE 5, 2001 AWARD OF BIDS AND CONTRACTS DATE: JUNE 1, 2001 This is before the City Commission to approve the award of the following bids and contracts: 1. Purchase award to Fisher Scientific Company for the purchase of forty (40) Self- Contained Breathing Apparatus (S.C.B.A.) cylinders in the amount of $24,035.60. Funding is available from 001-2315-526-64.90 (Other Machinery/Equipment). 2. Contract award to Security Roofing Systems, Inc. for the re-roofing of the beach pavilions along A1A in the amount of $15,796.00. Funding is available from 334- 6112-519-62.13 (General Construction/Pavilion Roofs). 3. Bid award to Red Wing Shoe Store for the purchase of safety shoes via the Palm Beach County Bid #01-078/MW for an annual coat of $21,961.00. Funding is available from various departments' operating expense budget. 4. Contract renewal via Vero Beach Bid #97-41 with G&K Services for uniform rental at an annual cost of $44,974.00. Funding is available from various departments' operating expense budget. 5. Purchase award via State Contract, to Maroone Dodge in the amount of $16,927.00 for a % ton utility body pickup truck. Funding is available from 441-5123-536-64.20 (Water/Sewer Automotive). 6. Blanket purchase order increase via Broward County Bid #HD98280M 1 to Colonna Asphalt for asphalt and concrete repairs in the amount of $10,000.00. Funding is available from 441-5141-536-34.90 (Water/Sewer Other Contractual Services). 7. Purchase award to FireCo, Inc. in the amount of $18,650.00 for the purchase of a thermal imaging camera. Funding from 115-0000-248-64.00 (Special Projects). Recommend approval of the bid and contract awards listed above. Ref:Bid~gmemo .06.05 -01 04/25/01 01:06 Fisher Scien 1/3 FISHER SCIENTIFIC QUOTATION APRIL 25, 2001 CITY OF DELRAY BEACH FIRE DEPT 501W ATLANTIC AVE DELRAY BEACH FL 33444 ATTN: CHRIS DEHAAS PAGE: I FISHER SCIENTIFIC COMPANY LLC 1801 GATEWAY BLVD SUITE 101 RICHARDSON TX 75080 (800) 772-6733 CUST REF NBR QUOTE/GEOFF COOPER - REVISION ACCOUNT NBR: 202054-002 QUOTE NBR: 1114-1449-36 TERMS: NET 30 DAYS DUE DATE: SidLES REP: MARIA TM ARTIN REQUESTOR: GEOFF COOPER PHONE: 561~43~ AUTHORIZ --. !HRIS DESKS *** PRICES ARE FIRM THRU 05/25/01 *** PLEASE REFER TO THE QUOTE NBR ON ALL CORRESPONDENCE THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPANY LLC SAFETY REP: CHRISTOPHER J DEHAAS NBRI QTY I UNI CATALOG NBR I DESCRIPTION I UNIT PRC I EXTD PRC 2 3 4 10 4 1 EA EA EA 18 999 1964 19 068333 NC9481489 HAZARDOUS MATERIAL AMPLIFIER VOICE AV2000 PAK ALERT SE REGULATOR W/QUICK DISCONNECT MERCHANDISE TOTAL HAZARDOUS MATERIAL CHARGE TOTAL 244.27 462.42 2,442 70 1,849 68 374 87 28,702 85 9 50 28,712 35 ACKNOWLEDGEMENT/QUOTE Page 1 Fax: (8t3) 6~6.88!5 Sold To: DELRAY BEACH FIRE DEPARTMENT 501 WEST ATLANTIC AVENUE DELRAY BEACH FL 33444 United States of America Ship To: DELRAY BEACH FIRE DEPARTMENT 501 WEST ATLANTIC AVENUE LT. GEOFF COOPER DELRAY BEACH FL 33444 United States of America Date 04/24/01 Time 11:09:39 P.O. No: Q-CYLIN Co/Cust No Order No Req Ship Date: 04/24/01 Ter Slsrep Ship Via ** QUOTATION Ref~ 01/0000007813 9V2P2/00 001 00256 PPD Terms: NET 30-CREDIT CHECK Item Number/Description U/M Ordered Price mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm. Total SCT80472101 EA CYLINDER CARBON 30 MIN 4.5 40.000 659.00000 EA 26,360.00 Total Line Items Subtotal Sales Tax Order Total Deposit Amt Due 1 This Quotation Expires 12/31/01 26,360.00 26,360.00 26,360.00 * COMPLETE * '~ l~ate: May 11, 2001 Agenda ltem No. g. 7~. ! AGENDA REQUEST .Agenda request to be placed on: .. Regular ~ Special ~ Workshop xx Consent When; June 5, 2001 Description of Agenda Item: Purchase of forty Self Contained Breathing Apparatus (S.E.B.A.) cylinders. Third pukchase of phase I of three year C.I.P. program to upgrade the S.C.B.A. equipment. Purchase Order/Requisition # 88537 for the total of $24,035.~0 to be purchased from Fisher Scientific Company Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Staff recommends approval funding to come from 001-2315-526-64.90 Department Head Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~fe~/No Funding Alternatives.T- Account # & Description: 00~ - ~5~-~Z-~o.(oq-fiO Account Balance: a~ ~, (0gl3 (if applicable) City Manager Review: Approved for agenda:~/~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DAVID HARDEN City Manager VICTOR MAJTENYI ~' Assistant Construction Manager www delrayesd eom SUBJECT: RE-ROOFING OF BEACH PAVILIONS, P/N 99-068 AGENDA REQUEST, AWARD OF CONTRACT DATE: MAY 29, 2001 Attached is an Agenda Request for City Commission to approve a contract award in the amount of $15,796.00 to Security Roofing Systems, Inc. for re-roofing of beach pavilions along A1A located at Atlantic Avenue, Vista Del Mar Drive and Nassau Street. The project consists of re-roofing the three beach pavilions with cedar shakes to match existing. Security Roofing Systems, Inc. is the lowest responsive bidder. A bid tabulation is attached for your review. Staff recommends the City Commission approve an award of contract in the amount of $15,796.00 to Security Roofing Systems, Inc. for the Re-Roofing of Beach Pavilions project. Funding is available from account 334-6112-519-62.13, General Construction Fund/Pavilion Roofs. Joe Weldon, Director of Parks and Recreabon Dick Hasko; Director of ESD Howard Wight; Deputy D~rector of Construction, ESD File 99-068(A) S'lEng.4dminlProjectsi1999199-O681CONSTRC~agenda memo 060501 doc ~ . 7~' A ' C~, 0 CD 0 CD, CD CD 0 I~ 0 0 0 0 0 0 -- o o o o o d d d 0 0 0 0 0 0 ~ '-~ d o o ~d d :0 o ,5 Agenda Item No. oO' ~' Request to be placed on: AGENDA REQUEST Date: May 25, 2001 X __ Regular Agenda Special Agenda __ Workshop Agenda When: June 5, 2001 Description of item (who, what, where, how much): Staff request the City Commission approve an award of contract in the amount of $15,796.00 to Security Roofing Systems Inc. for the Re- Roofing of Beach Pavilions project. Funding is available from General Construction Fund/Pavilion Roofs, account No. 334-6112-519-62.13. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve a contract award to Security Roofing Systems Inc for Re-Roofing Beach Pavilions. Department head signature: _ _ . ~-~?-o/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r/efl~d on all items involving expenditure of funds): Funding availabl .' ~S~NO ___ / Funding alternative-~-tlf applicable): Account No. & Des~iription 334-6112-519-62.13; Gen Constr. Fund/Beach Pavilions ~ Account Balance City Manager Review: Approved for agenda:/~'E~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~...~99-068~agenda request 060501 MEMORANDUM TO: FROM: THROUGH: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Milena L. Walinski, CGFO Assistant Finance Director~ DATE: May 30, 2001 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING JUNE 05, 2001 -CONTRACT AWARD -PUCHASE OF SAFETY SHOES VIA PALM BEACH COUNTY BID #01-078/KM Item Before Commission: City Commission is requested to approve the award for the purchase of safety shoes for City Employees to Red Wing Shoe Store at an estimated annual cost of $21,961. Background: The City has a need for an annual contract for the purchase of Safety Shoes as stated in Article #23 of IBF&O Bargaining Agreement, Section 2, Safety and Health, for approximately 194 employees. These shoes are available via the Palm Beach County Bid #01-078/KM awarded to Red Wing Shoe Store. See attached Bid Re-cap Sheet and award letter to Red Wing Shoe Store from Palm Beach County. Red Wing Shoe Store has agreed to extend to the City of Delray Beach the same terms, conditions and pricing of this Palm Beach County Bid per attached letter dated May 07, 2001. Recommendation: Purchasing Staff recommends award to Red Wing Shoe Store via the Palm Beach County Contract #01-078/KM at an estimated annual cost of $21,961. Funding from various department's operating expense budget. Attachments: Palm Beach County Bid Re-Cap Sheet and Award Letter Letter to City of Delray Beach from Red Wing Shoe Store 05/07/2001 12:17 561-471-0344 EED WING SHOES To the City of Delray Beacla, Fl. 05/07/01 The Red Wing Shoe Store will honor the terms and prices of the Palm Beach County Safety Footwear bid #01078 to the City of Delray Beach, Fl. If you have any questions, contact Michael Coonerty. Manager at (561)471-0382 Manager INDEPENDENTLY OWNED & OPERATED 2505 a OKgECHOBE5 BLVO WEST PALM BEACH, FL 33409 PHONE: 561-471-0382 FAX. 561-6~7-1544 E-MAiL: SHOEMANRW~'AOL.COMWEB$ITE; WWW.REDWING-IRISHSETTER COM April 17, 2001 RECENED APR 3 0 2001 PUHG ING, DEPT. Form L Purchasing Depar~'~ent 50 South MHttary Trat[, Surge 110 West Palm Beach, FL 33415-3199 (561) 616-6800 FAX. (561) 616-6811 www pbcgov cornlpur Palm Beach County Board of County Commissioners Warren H. Newell, Cha~rrnan Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCatty Bur~ Aaronson Tony Mas~lotti Addle L Greene County Administrator Robert Weisrnan Equal Opportunity REDW0001 Red Wing Shoe Store 2505 G Okeechobee Boulevard West Palm Beach, FL 33409 Dear Vendor: TERM CONTRACT % 01078 This is to inform you that Palm Beach County Board of County Commissioners is entering into a Term Contract with your company for Safety Footwear based on one of the following: [xxx] FORMAL BID ~ 01-078/KM [ ] OTHER: The term of this contract is 05/01/2001 through 04/30/2002. The estimated dollar value is $ 110,000. The obligations of Palm Beach County under this contract are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners. Palm Beach County Departments will issue hard copy orders against this contract as your authorization to deliver. All invoices must reference eachunique document number. If you have any questions, contact Kristen A. Monnett,. Buyer at (561) 616-6825. Sincerely, c: File ~ prinfed on recycled paper BID RE-CAP S}IEET BID #01-078/KM TITLE .Footwear,. Safety, Purchase of, Term Contract (12 Months) SUPERSEDES BID # 98003R Form I BUYER Kristen Monnett IFB APPROVED GOAL SETTING MEETING NEWSPAPER ADVERTISING SITE INSPECTION PRE-BID CONFERENCE BID OPENING DATE ZNZTZALS 2/8/01 DVM 2/14/01 2/~8/0i NSG , N/a N/A 3/ls/0~ KM DATE ~NZTIALS M/WBE EVAL. RETURNED ~./11/01 ~ DEPT. EVAL. RETURNED 3/~1/~1 ( ~ POSTING APPROVED COPY TO SPEC. PROJ. COORD. DATE/TIME BID POSTED 3-~°o~' ~%~5~' DATE/TIME BID REMOVED RECAP TO M/WBE IF TERM CONTRACT GENERATED: TERM TO EST. EXPENDITURe: $ LIST BIDDERS FROM LOWEST TO TOTAL OFFER CHECK IF * SOF RECOMMENDATION HIGHEST CERTIFIED CORP OR INC. "KEY" ONLY M/WEE STATUS (Y) (N/A) IRON AGE CORPORATION $60,503.00 ( 3 ) LEHIGH SAFETY SHOE CO., LLC $65,745.20 ( 3 ) RED WING SHOE STORE $74,194.00 N/A ( I ) RITZ SAFETY EQUIPMENT $87,425.00 X ( 3 ) C & B INDUSTRIAL SAFETY $89,551.65 X ( 2 ) PRODUCTS *All (1) or (2) recommen4e4 firms, making offers as a Corporation (CORP.) or ~INC.", have been validate~ through the State of Florida website (htt~://ccfcorp.dos.state.fl.us) wi~h screen print to file. KEY(S) FOR RECOMMENDATION: (PLEASE NOTE YOUR RECOMMP/~DATION ABOVE) (1) RECOMMENDED AWARD - LOWEST RESPONSIVE BIDDER MEETING SPECIFICATIONS (2) NO AWARD, RESPONSIVE, BUT NOT LOWEST BIDDER MEETING SPECIFICATIONS. (3) N__OAWARD, NOT RESPONSIVE TO BID. (4) NOT TECHNICALLY EVALUATED RECOMMENDED AWARD TO CERTIFIED M/WBE? YES. NO X IF YES TO ABOVE, TOTAL DOLLAR VALUE OF M/WBE PARTICIPATION: $ CATEGORY: DOES EVALUATING DEPARTMENT CONCUR WITH RECOMMENDATION? YES.. X NO REMARKS: Iron Aqe Corporation (3) - Non-ResDonsive to Term & Condition #24. Lehiqh Safety Shoe Co., LLC (3) - Non-ResDonsive to Term & Condition ~24. Ritz Safety Ec~iDment (3) - Non-ResDonsive to Term & Condition #9. *THE FOLLOWING HAS BEEN PROVIDED AS PART OF THE AWARD PROCESS: CERTIFICATE OF INSURANCE, IF REQUIRED PERFORMANCE AND PAYMENT BOND. IF REQUIRED DEPOSIT/BID BOND, IF REQUIRED CERTIFICATE OF COMPETENCY, IF REQUIRED RELATED LICENSES AND PERMITS, IF REQUIRED ~ INFORMATION, IF REQUIRED QUALIFICATION OP BIDDERS INFORMATION, IF REQUIRED AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: June 05, 2001 Date: May 30, 2001 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: B~d Award to Red Wing Shoe Store for the purchase of safety shoes for City Employees at an estimated annual cost of $21,961 wa the Palm Beach County Bid #01-078/MW ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached YES NO NO Recommendation: Award to Red Wing Shoes Store for the purchase of safety shoes for City Employees at an estimated annual cost of $21,961via the Palm Beach County Bid #01-078/MW Funding from various department's operabng expense budget. Department Head Signature:~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on~ll items involving expenditure of funds): Funding available: Yes~/' No Funding alternatives' Account Number. Account Description. Account Balance: City Manager Review: Approved for agenda: Hold Until: 0f applicable) No Agenda Coordinator Review: Received' Action: Approved D~sapproved MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager I, Jacklyn Rooney, Purchasing Supervisor ~- Milena L. Walinski, CGFO Assistant Finance Director May 30, 2001 DOCUMENTATION - CTIY COMMISSION MEETING JUNE 05, 2001 - CONTRACT RENEWAL - UNIFORM RENTAL VIA CITY OF VERO BEACH BID #97-41 Item Before Commission: City Commission is requested to approve the contract renewal with G&K Services for the rental of uniforms for City employees at an estimated annual cost of $44,974 via the City of Vero Beach Bid #97-41. Background: The City of Delray Beach is currently utilizing the City of Vero Beach Bid #97-41 for uniform rental. This contract was awarded in 1998 for a term of three (3) years with an automatic renewable for one (1) additional term of three (3) years. Attached is a copy of the 1998 Commission Agenda Award. The vendor has agreed to extend to the City of Delray Beach the additional three (3) years with an expiration date of April 13, 2004. See attached letter dated March 28, 2001. Recommendation: Purchasing Staff recommends the three (3) year renewal with G&K Services for the rental of uniforms via the City of Vero Beach Bid #97-41, at an estimated annual cost of $44,974. Funding from various department's operating budgets. Attachments: 1998 Commission Agenda Memo from G&K Services Dated March 28, 2001 G&K Services® 3874 Fmcal Court State 300 R~vena Beach, FL 33404 561/882-4050 Fax 561/882-4117 March 28, 2001 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To Whom It May Concern: The extension between G&K Services and the City of Delray Beach, according to contract number 97-41 page 7 paragraph 2, will extend all terms and conditions for an additional 3 years from April 13, 2001. The City of Delray and G&K Services agrees to exercise this option. Bob S~o Branch Manager G&K Services City of Delray Beach DEDICATED TO UNIFORM EXCELLENCE® MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph~aff x~ance Director October 12, 1998 DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 20, 1998 - CONTRACT AWARD- UNIFORM RENTAL VIA CITY OF VERO BEACH BID #97-4I Item Before Commission: City Commission is requested to approve the contract award to G & K Services for the rental of uniforms at an estimated annual cost of $52,509.60, via the City of Vero Beach Bid #97-41. Background: The City of Delray Beach is currently utilizing a Palm Beach County Co-op Bid. The City of Boca Raton is the lead entity for this Co-op Bid. The City of Boca Raton has informed the Co- op that they will no longer be bidding this service as a Co-operative Bid when this contract expires. A survey was sent to all using departments of this uniform rental contract with At'mark Uniform Rental which was requested of Purchasing from Aramark Uniform Rental. A tabulation of this survey is attached for your review. The original surveys received are on file in the Purchasing Office. A large majority of these employees surveyed are not satisfied with the uniform rental service being provided by Aa:mark Uniform Service. The quality of their service and uniforms for the past year has been poor. In addition, Purchasing has had to contact the vendor (almost weekly) to relay complaints of uniforms missing, repairs not completed, soiled uniforms, and problems with invoicing. (Copies of facsimiles on file in Purchasing.) The City of Boca Raton sent out a bid package for uniform rental, and G&K Services was low bid, but they did hot award contract due to changes in bid requirements (.possible changing to polo shirts for employees). The City of Vero Beach has a contract with G&K Services which was awarded in April of 1998. I have contacted Mr. Don P. Wixon, Contract Administrator, City of Vero Beach, in reference to quality of service being provided by G&K Services. He stated, "Rough start-up, but they have come around 100%. Outstanding service, fantastic now, highly recommend them". The School District of Beach County School is also piggy-backing this contract. See attached Purchase Order to G& K Services from Palm Beach County School Board dated August 21, 1998. G & K Services has agreed to extend to the City of Delray Beach the same terms, prices, and conditions of the City of Vero Beach Bid #97-41. See attached memos dated August 17, 1998, and September 09, 1998 to City of Delray Beach fi:om G&K Services. Unit pricing is $.25 per employee, per week, higher for industrial uniforms and $.50 cheaper per employee, per week, for supervisory uniforms than our current contract with Aramark Uniform. Based on surveys received fi:om employees, and unit pricing fi:om G&K Services, Purchasing recommends the City of Delray Beach piggy-back the City of Vero Beach Bid #97-41 which was awarded to G&K Services at an estimated annual cost of $52,509.60 (see attached City of Dekay Beach uniform requirements for each department). Recommendation: Award to G&K Services for the rental of uniforms via the City of Vero Beach Bid #97-41, at an estimated annual cost of $52,509.60. Funding fi'om various department's operating budgets. Attachments: Survey of Aramark Service and Tabulation Letter fi'om G&K Services Tabulation of Bids Received Purchase Order From School District of Palm Beach County AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: June 05, 2001 Date: May 30, 2001 XX Consent Agenda __ Special Agenda __ Workshop Agenda Description of agenda item: Contract renewal with G&K Services for the rental of umforms for C~ty employees via the C~ty of Vero Beach Bid #97-41. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached. YES NO NO Recommendation: Approve the contract renewal with G&K Services for uniform rental for C~ty Employees via the C~ty of Vero Beach Bid #97-41 at an estimated annual cost of $44,974. Funding from various department's operating expense budget. Department Head Signature:~~/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on al~,items involving expenditure of funds): Funding available: Yes~/' No Funding alternatives. 0f applicable) Account Number' Account Descript,on: Account Balance: O City Manager Review: Approved for agenda: Hold Until: No Agenda Coordinator Review: Received: Action' Approved Disapproved 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 C. Danvers Beatty, P'~7'~-~~ Deputy Director of Pub~J~l. til~ June 1, 2001 PURCHASE OF ~ TON UTILITY TRUCK Attached is an agenda request for the purchase of a % ton Utility Body Pickup Truck. This truck will be used for the implementation of our valve locating and exercising program as well as support for other utility operations. This vehicle is available via State Contract No. 070500425 from Maroone Dodge in the amount of $16,927.00. Funding for this expenditure is available in Water Distribution Operating Account # 441-5123-536-64.20, Automotive. (Budget Transfer Attached) Please place this item on the June 5, 2001 Agenda for consideration by City Commission. CDB/ped Richard C. Hasko, P.E., Director of Environmental Services Scott Solomon, Manager of Water & Sewer Network City Clerk Agenda File U \wwdatahMemo\C~ty Managerhr'urchase of Utility Truck doc AGENDA REQUEST NO. Request to be placed on: X Regular Agenda ~ Special Agenda __ Workshop Agenda Agenda Item Date: June 1, 2001 When: June 5, 2001 Description of item (who, what, where, how much): Staff requests Commission award the purchase of a 3A ton Utility Body Pickup Truck from Maroone Dodge in the amount of $16,927.00. This vehicle is available via State Contract No. 070500425. Funding for this expenditure is available in Water Distribution Operating Account # 441-5123-536-64.20, Automotive. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of the purchase $16,927.00. ( ~- f ~,~ Departmentheadsignature: ~~ C~t~-0} Determination of Consistency with Comprehensive Plan: to Maroone Dodge in the amount of City Attorney Review/Recommendation (if applicable):. Budget Director Review 9xn~ired on all items involving expenditure of funds): Funding available ~_,~O oFunding alternatives j . (if applicable) Account No. & D~escription qc~l -Gl Z~'3 -~'5~o .~04 - Zc3 ~~4~4'~ tAccountBalancO ~00 ~'~-~r~.~,a ~o~ -_4-Ca43546" City Manager Review: Approved for agenda: ~,~0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved U \wwdata~Forms~Agenda RequestsLa, gendaReq - Utility T~uck 053001 doc £1TV OF DELRflV PURCHASING DIVISION TO: FROM: THROUGH: David Harden, City Manager Jackie Rooney, Purchasing Supervisor <~ - Milena L. Walinski, CGFO Assistant Finance Director SUBJECT: Purchase Order Increase DATE: May 31, 2001 Waste Water Collection is requesting an increase of $10,000 for Blanket Purchase Order #590729 to Colonna Asphalt for asphalt and concrete repairs within the City via the Broward County Bid #HD98280M1 which is in effect till 10/11/01. The original Purchase Order, approved by your office, was a blanket purchase order for $10,000 and the balance left on this purchase order is $639. Attached is a copy of the original purchase order and the purchase order change request dated May 30, 2001. Funding from account code 441-5141-536-34.90. If you approve of this increase to the above purchase order, please sign below and return to Purchasing. City Manager Date Attachments PO #59O729 Change Order Request dated 05/30/01 Clear Day Page 1 of 1 Rooney, Jackie From: n'Gurumo, Lansh~na Sent: Wednesday, May 30, 2001 1:04 PM To: Rooney, Jackie This is a request to increase purchase order # 590729 in the amount of $10,000.00 vendor is Colonna Asphalt Restoration for account # 441-5141-536-34.90. These funds are provided for outside contracting of asphalt and concrete repairs. Any questions please contact Scott W. Solomon or myself. Thank you! M~ItA Gr~Day, 7312 or Ir~. 231 5/30/01 10/16/00 M0N 10:23 FAX 99543578535 BRWD CO PLFRCHSNG ~001 October 12, 1999 Purchasing Division ] ]5 S. Andrews Avenue, Doom 212 Fort Laudordalo, FL 3330; (954) 357-6065 · FAX (954) 357-8535 FEI #650344462 Colonna Asphalt Restoration, Inc. 1110 S. Powerline Road Suite #110 Deerfield Beach, FL 33442 Reference Gentlemen: BID: FOR: HD98280M1 Job Restoration - Asphaltic Concrete This is to con£irm that the Board of Commissioners'at.%its meeting held on 9/14/99 under Agenda Item No. 15 has accepted your Bid on the above-referenced solicitation. A Bid Tabulation of all Bids received is enclosed, with item(s) awarded to your firm indicated. The Contract is in effect for the period beginning 10/12/99 and ending 10/11~_~. Purchase Order(s) will be placed as and When required. A copy of this Notice, with a copy of your Bid including all terms and conditions, is being forwared to all Using Agencies. Thank you for your interest in doing business w~th Broward County. Sincerely, GLENN R. CUMMINGS, D1RECTOR PURCHASING DIVISION ~urcnasing Agent / GRC/afm BROWARD COLIN'Pt BOARD O1: E:OUNIY COMMI$~ION£1~, ~ An Equal Opportunity Emplo¥or and PrOvldel of ~erVlce$ Norman Ab,amowlrt Scoff i rowan ,~uzont~e N ~unzburgor Kdstfn D Jacobs {lene Llebe:rncln Loft Nac~ce Parr{sh JOh~ E ~odsi'fom Jr Woe'id Wide WJb' hltp;//www.co broward.ti.uJ/purchasltlg 06/'05/00 ~ION 16:~'.,1 I'AZ 99543578535 BR;;D CO .P, REVI)OO~ ITEM NEXT ITEM AGENDA REPORT I_ .MEETING DATE. TO THE BROWARD COUNTY BOARD OF COUNTY' COMMISSIONERS AG,EN[)A Il EM H uested Action ! MOTION TO AWARD Open-end Contract to Iow responsive/responsible bidder, Colonna Asphalt Restoration, Inc, for Job Restoration to Asphalt Concrete Services in the estimated yearly amount of $231,565.00 (H-D-98-280-M1) for the Office of Environmental Services and to authorize the Director of Purchasing to renew this contract for two (2) one (1) year periods. This initial contract period shall stad upon receipt and acceptance of Insurance/Perl'ormar~ce and,Payment Guarantee and terminate eears from that date. .$Um. F0_a__ry_E.__x,oianati_Q_q a___nd B_~.8_o_'_k_.qr~_ound / THE PURCHASING DIVISION AND THE OFFICE OF ENVIRONMENTAL SERVICES RECOMMEND APPROVAL OF THE ABOVE MOTION: FISCAL IMPACT: ~ Each requirement processed ~gainst this open-end contract will be funded by the appropriate souroa~ at the time of release for an anticipated approximate annual total amount of $231,565.00~' The purpos~. ,:this contract is to provide a means of completing asphalticjobsite restoration to previously exist, lng condition after utility repairs are completed. : 'I HE PURCHASING DIRECTOR ItAS DP. TERMINED THAT THE FOLLOWING BIDDER IS NON- RESPONSIBLE; Numeric Construction - This delermination was based upon a review conducted by the Using Division who performed 8 complete techr~io~l evaluation, with information received from the other Governmental Agencies, that Numeric Construction listed as reference~ and by a Dun & Bradstreet report 157 12 3 2 Nobfications of Bid Availability Bid Requests Provided Bids Received. Declinations Recommended By: Department D~reotor's Signature Phillip C. Allen Date Source of Additional Information- ¢.---,... Division Director's S. ignature Glenn R. Cummings Exhibits Attached for Board .357-6070 Phone 1. Exhibit 1 - Bid Tabulation Documents for Document Control only Board Action for Document Control only_J APIMMIOgO711PA63 REV I 9r/199 07'-1 -,A ~ 0 · Z o 8_ 06/05/00 )ION 16:21 - ~'U1BMIT BlD TO: FAX 99543578535 BRWD CO PURCHSNG BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA Broward County Purchasing Division Fort Lauderdale, F.-lorida 33301-1801 Bidder Acknowleigrnent .' ,.. -- GENERAL CONDITIONS THESE INSTRUCTIONS ARE GTANDARD FOR ,ALI. CONTRACTS FOR COMMODITIES/SERVICES ISSUED BY THI~ BOAR[) OF COUNTY COMMIGSIONERS. THE BOARD OF CO. UNTY COMMISSIONERS MAY DELETE, SUPERSEDE MODIFY ANY OF YHESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. BY ACCEPTANCE OF A PURCHASE ORDER ISSUED BY -I'ttF. E. COUNI¥, BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SI4ALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARO FORM CONTRACT OF THE BIDDEr:[ REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. [~J 003 SEALED BIDS: 'rhL,~ form must be executed and submitted ,with all bid ~heets In ~ seated envelope. (DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE). The face of the- envelope shall contain the above address, the date and the time of bid opening, and bid number. B~ds not submitted on attached bid form may be rejecled. All bids are subjected to Ihs conditions specified here~n. Those which do nol comply w~th these condi- tions are eub],ect to rejectlock- 1. EXECUTIO¢t OF BID: Bid must contain an original signature of an Individual adthorlzed to bind the bidder. Bi8 must be lyped or printed in ink. All correcborls made by bidder to his bid must also be initialled Tho bidder's name 8hould also appear on each page of lee bid sheet if required Bids will not be accepted from firms in arrears to the Board of County Commls- sioners upon debt or contract mx from a defaulter upon obligations to the Board ol County Commissioners. Bidder certifies by s~gning the Eld that no principals ~r corporate officers of his hrm were principals or corporate officers In any other firm which may have been .',ugpended o~ deb'erred from do~n9 businoss with Broward County within the last three years, unless so noted In the bid documents 2. NO BID: If not submitt,ng a bid, respond by returning this Bidder Acknowledgement form, marking it "NO BID", no Inter lhan the stated bid opening date and hour, zqd explain tho reason I~ the space provided Failure lo respond wtthou', justification may be cause lot removal o,' the bidder'~ name from the bid maihng lisl. NOTE- 1 o quahfy as a respondent, bidder must submll a "NO BID." BID WITH DR AWAL: No bidder may withdraw his bid before the expiration of ninely (90) calendar days from the date of bid opening unless vendor so notes in the bid BID OPENING' Shall be public, on date, tocabon and l~me specified on [he bid form It Is the bidder's responsibility to assure that h,s bid is dativered on dele, Iocahon and time specihed on the bid form Bids. which lot any reason are not so dahvared, ,,rig not be considered Bid fd~s ~nd any bids after they are opened may b9 examined during normal working hours by appolntmen~ Bid tabulations ere available Iorlnspac- llon upon request ADDENDA 'fO BID: Broward County reserves the right to amend this Bid prior to lhe Bid opening date indicated Only wrlllen addenda will be binding If. upon review, material errors In ~pecificahons are found, contact the Purchasing Division Immediately, prior to Bid opening date, to allow for review and subsequenl clafificallon on the par1 ct ~roward County. (Counlinued on Page 2) BIDS WiLL BE OPEN ED 2 p rn and may nol be withdrawn w;[h~n 90 calendar days BID TITLE ..1013 RI~[;'r[)RA'I'I[IN - lIES BID NO PLJRCttASIN8 AGEN~ NAME & ~ELEPHONE NUMBER ~NN PDI1ER (?54) 357--4649 DELIVERY DATE SkIL ~ ~~V~ X X X X X X X X X X X X X X X X X CASH D~SCOUNT 1 ERMS ~HE AMOUNT OF S 5% of .bid amount REASON FOR NO BID FEDERAL EMPLOYER J,O ~[ &OCIAL SECURITY NUMBER 65-03~62 DuN & BRADE~RE~ NUMBER ~IODER NAME BIODER MAILING ADORESE/CITY/8~AT~IP Suite ll0 Deerfield Beach, F1 33442 AREA CODE ~Et,EPHON5 NO. ~ CONTACT PERSON Rus 954-571-8740 ~inda Colonna Linda Colonna President TYPED NAME OF SIGNER TITLE Form #~03-28 (Rev. 1/g3) Page 1 of 4 06/05/00 llON 16:22 FAX 99543578535 BRI'~D CO PURCHSNG TUE 15:31 FAX 99543578535 7~R~D CO PURC~SNG JOB RE~TO~b~TION -ASPHALT_LC CONORET'F GROUP I ITEM8 1 ':FHROUGH 18: DELIVERYANDINSTALLATION "ASPHALT RESTORATION" YEARLY ITEM ESTIMATED COMMODITY CODE NO. QUAN. TITY DESCRIPTION ADDENDUM #2 UNIT TOTAL PRICE. PRICE ~004 150 sq, yo, ~913620010001 ~rEMPORARY PATCH USING COLD A~PHALTIO INCH DEPTH 2. 150 $ a, YD. #913§20010002 TEMPORARY PATCH USING COLD ASPHAL'I-IC MLX, 1.5 INCH DEPTH 4. 50EACH #9136200t0003 TEMPORARY PATCH USING COLD ASPHALTIC MIX, 2 INCH DEPTH #913620010004 EMERGENCY CALL OUT MOBILIZATION UNDER 2 HOURS '~ 4,000 ~Q, YD. I INCH COMPACTED ASPHALT"TYPE S3" $. / ''~' $ * . #9't 3 b--'20D'J D052 4,000 SQ. ¥D. 1 ~" INCH OOMPAOTED ASPHALT "'TYPE $3" $. ,/.~,,'g.,'%2 I$Q.YD. ~;: 7 200 SQ. YD. #913§20010053 21NON COMPACT~OASPHALT"TYPE $3" #913620010051 O. 'J 00 8C) yD. 'J INCH COMPAOTED AS PHALT "TYPE S'I" f, tS136200'10054 "'J YPE ~1" $ /SCl.YD. ~IVE BIDDER' i~E SU~E TO HAVE THE ~NVITA T~'ON FOR t~ID, [aIDDEI~ A CKNOWLEOGMENT (BLUE) FORM] SIGNED B Y AN AUTHORIZED R~PR~$ENTA TIVE 01~ YOUR iCTRM OR YOUR BID WILl. I~IO T ~E CONSIDERED RESPONSIVE. ,J RAC-~IB.I~ID 08/I 5/~00 -MON 16:22 ;'09/99 TUE -IS: ITEM ESTIMATED NO. QUANTITY' FAX 99543578535 F~ 995~3578535 BR%¥D CO PURCHSNG BRWD CO PL~CHSNG COMMODITY CODE UNiT TOTAE DESCR] PTi ON. PRICE PRI CE 005 10. 100 SO. YD. 11. B, O00 SQ. YO. ~913820010065 2INCH COMPACTED ASPHALT"TYPE 8t" #913620010060 PRIt,~E COAT, EMULS;FIEDAGPHALT AEP /s~.Y~. $ ~'~c~.Yo. $ __ __ -qo0.°o' ,fo, 12. 4,000SQ. YD. #913620010061 'rAcK COAT, EMULSIFJEDA$OHALTAEP 13. 5,000 GQ, YD. t4. 5~-.','Di - -' 15. t .900 sa. #9136.20010062 GRADE & COMPACT EXtS¥1NO LIME ROOK BASE IN PREFARATION FOR PATCHING ¢913620010070 DELIVER (;LEAN BACK FILL Ex GOMPACT #@1362001007~ ~ELIVER,'GRADE~OOMPACTLIME ROcK BASE ~INCH D~PTH 16. 500 sQ. YD. #9 ~ 3620010073. DE:JVER, GRAD~, COMPACT LIME ROCK BASE 12 INCH DEPTH 500 sc~. ¢91362DB10074 D~LWER, GRADE, COMPACT LiME ROCK BASE ~¢INCH DEPTH 20o cu. ~9'156200f0075 DELIVER, ORADE~ f-'Z. oWABt..E FII.£ FPOT MIX# 06-FF-06 200 sq. ¥~. PAINT I~TH 7'fOtFF]c M,aJ~KfNO PAfNT (DOT APPROVED) YO OFUGINAL CONDITION NAME O~ BIDDER NQT[~ ~0 PR O$t~ECTIV~ BIDDER,: SURE TO HA VE THE./NV/TA TIO?I FOR BID, [BIDOEt~ A CI<,/VOWLEDGMENT t~L LIE,) FOR'M) SIGNED BY,t'JV ,4 UTHORIZED P. EPRESENTA TNF- OF YOUR FIRM OR YOUR BID V~LL NO T BE CONSIDERED RESPONSIVE, ,AP/M M/03 ZO/P ~ JRAC~tS,'BID 06/05/00 )ION 16:23 FAX 99543578535 BRt~D CO PURCHSNG ~006 ITEM ESTIMATED NO. QUANTITY [~OOJ ADDENDUM #2 bid M,~,cH 9, ~ 999 COMMODITY CODE UNIT TOTAL DESCRIPTION PRICE PRICE 20. 200 ~,O, TRAFFIC MARKINGz USING OOT APPROVEO A~ COL~B 300 #9130200f007~ SEAL UOAT (GLENN &EAL O~ 'EQUAL) ADMINISTF_RED THROUGH THE SPRA YlNC P~oc~ss (n~o GROUP I~ ITEMS 1 -21 AMOUNT OF TOTAL BID ITEMS *NOTE; THE ACTUAL COST FOR TESTING ASPHALT WILL B E iNVOICED AS A "PASS-THROUGH," AND THE CONTRACTOR WILl. BE REQUIRED TO SUPPLY DOCUMENTATION VERIFYING HIS COST. COMMODITY FOR PASS THROUGH TESTING 19 9136200200. NOTE TO PFt osl~Ec T~'~: BE $ URg TO HA VE THE INViTA T/ON ~R BID, ~;DD~ A CKNO~GME~T (BL U~ FORM] ~IGNED B Y~N A U~O~ ~EPRESE~TA 71VE OF YOUR mRM OR YOU~ U;~ ~L~ NOT BE CONSIDE~D ~SP~SI~. R~v:~[o PA~ ~ '[ B o¢ 33 [ITY OF DELRI:IY BEI:I[H FIRE DEPARTMENT DELRAY BEACH AIkAmerica City 1993 SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Kerry B. Koen, Fire Chief May 31,2001 Purchase of a Thermal Imaging Camera I am requesting approval for the purchase of a thermal imaging camera in the amount of $18,650 from Fireco as low bidder. Funds for this purchase are available from a donation received from Del Aire Country Club and deposited into category # 115-0000-248-64.00. Thank you for your consideration in this matter. Kerry B. Koen Fire Chief KBK/tw FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper 01/2'6/2001 ~lLooking at the Fu~re' 544 Tbo~a~d O~s Dr Daaiel.nvill¢, GA 30633 Office: ?06-789-2047 F~ax: 706-759-2048 II Date: 1/26/01 PRICE QUOTE (ITEMiZeD) [SG Kg0 Talisman Thermal Imagine System Quote For: Delray Beach, FL Delray Beach Fire Departmem Division Chief Russ A¢cardi 501 West Atlantic-Avenue Delray Beach, FL 33444 Part Number Description K90 K90 Talisman Thermal Imager VD Video Overlay Quantity List Price Sale Price $18,495.00 $15,800.00 $1,100.00 $ 700.00 XMITXLTK WA1L~ XL Digital Command View (Transmitter Only) One Year Warranty $ 2,200.00 $1,750.00 $ 400.00 $ 400.00 Tel'ms FOB Upon Delivery ISG Thermal Systems USA, Atlanta, GA Prices are valid for 90 days. Jan. 10 '01 KONICA FAX ?20 Public Safety Equipment 9616 Seaton Brooke Lane Louisville, KY 40291 Phone: (502) 239-2006 Fax: (502) 239-3322 Terms N~t 20 da~s 1 Kg0 1 VO ] PYT~O 1 XMIT ] XMITX L 1 Quotation Name / Addrome IA vision Chief Russ Accardi 50t '~/e~t Atlantic Avenue Dclray Beach, ltl, 33444 '--~ ISG 'l'ahsman ]'hennal Izwoln~ Cam~a Deacril~on IVicl~o Overlay I)DT Digital l ~rect Temperature Mcasunm~mt Command View Wu~less Trm~smit~r XL Digital Comramtd Vtcw (l)igi~l Spread Spe~tnun Wireless TransmitS-r) Xl, Dtgital Commm)d View (Trm~,,~niturr Only) Prices arc valid for 90 days Dam 0 ]/10/2OO Delivery uppmx. 60 days Extended Price 17380.00 ~ 770.00 ~ 2990 oo 297U.00 3850J]O 1925.00 RICHMOND AVE., POLLARD, AL 36441 LOCAL TELEF'HQNE 33~,396-';004. FAX .LINE 334-2,g6-1005 TOLL PREE t.~18-35~-10~4 Division Chief Russ Accardi T~-' Delray Beach Fire Dept From-- L~u Faz: 65?-243-7461 .m~mges: Cover Only Pbo.~ Dat~: January 31,2001 Quote f~r KB0 Talisman c~. AS F. ile 1'3 Urgent I-I No ~eply ~ece.sary '1~ Please e C~mme~ts: Quot~ Pa~ Nol ........ Description ~ Cost " K90K90 Yalisman Thermal 1 $171900.00 Imager VO'Video Overlay "1' ' ~;~',000.00 XMrl;XLTR XL Digital Command View ' 1 $2,000.00 (Transmitter Only) Warranty Additional 1 yr. Warranty @ $400.00 Terms: Upon D~liv~ ThLa quote La goed for 90 days FOB: ISG Thermal Systems USA, Atlanta GA Request to be placed on: __X Consent Agenda When: Description of agenda item:. AGENDA ITEM NUMBER: AGENDA REQUEST ~ Special Agenda Date: June 5, 2001 Workshop Agenda Purchase award in the amount of $18,650.00 to FireCo, Inc. for the purchase of a thermal imaging camera w~th funding in the amount of $18,650 from 115-0000-248-64.00 (Special Projects Fund). ORDINANCE/RESOLUTION REQUIRED: YES Draft of resolution Attached. YES Recommendation: Approve NO X NO X Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes __X__ No Funding alternatives: Account Number: Account Description: Account Balance: N/A 115-0000-248-64-00 Special Projects Fund - '~J;~..~ ~-'~~ City Manager Review: Approved for agenda' Hold Until' No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O.# ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: DATE: David T. Harden, City Manager ~}~ Robert A. Barcinski, Assistant City Manager AGENDA ITEM CITY COMMISSION MEETING JUNE $, 2001 SPECIAL EVENT REQUEST - SUMMER NIGHTS ON THE AVENUE 2001 May 29, 2001 ACTION: City Commission is requested to endorse the Summer Nights on the Avenue 2001 program, to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and right of way at various locations, and to provide City staff support for barricade set up and removal, trash removal and clean up, police security and traffic control, stage use, set up, and removal, and banner and signage set up and removal. BACKGROUND: Attached is a summary of the dates and locations for the Summer Nights on the Avenue events. This is the sixth year that these events are being proposed by the Joint Venture. The purpose of these events is to bring activity to the Avenue during the Summer months and to bring in additional customers for our businesses. In past years City Commission has agreed to fund overtime costs up to $5,000.00. Last years overtime costs were $7,081. The estimated overtime for the seven (7) dates proposed this year is $7,500. RECOMMENDATION: Staff recommends approval of the event, granting the temporary use permit, providing staff support with payment to the City for overtime costs exceeding $5,000.00 pending receipt of the hold harmless agreement and certificate of insurance. RAB/tas File:u'sweeney/asmemos Doc:Memo to DTH re Summer N~ghts 2001 .85/29/28r 14:28 5612788555 DB CHAMBER COMMERCE PArlE 82 May 29, 2001 Mr. David T, Harden, City Manager City of Delm_y Beach 100 N.W, 1'" Avenue Oelray Beach, FL 33444 Re: ,.~GENDA. ITEM - CITy COMMISSION APPROVAl SPECIAL EVENT REQUEST- SUMMER NIGHT~ ON THE AVENUF Dear Mr. Harclen. The City Commission is requested tO en~lorse the Summer Nights on the Avenue program, to grant a temporary use permit per LDR's Section 2.4.6(H) for use of City property and nght of way, and to provide City staff support for barricade setup removal, trash removal and clean up, police security and traffic control, stage use, setup and removal, and banner and signage setup ,,nd removal. Attached are the dates and locations for the Summer Nights on the Avenue events. This is the seventh year that these events are being proposed by the Joint Venture. The purpose of these events is to bring ectivity to the downtown during the summer months and to bdng in additional customer~ for our businesses. In past years City Commission has agreed to fund overtime costs up to $5,000. Your consideration of the above request is very much al~pmciated. Sincerely. MARJORIE FERRER Downtown Coordinator MF:sk attachment cc: Robert A, Barclnski BEACH .JOINT VENTURE · ('ommumly Redevelopm~m A~eacy · Delray Beach C'b~u~b=r c~f (,¢~mmeree · Down~¢w~ 64-A $.£. Plfth Avenue. Delray Beach, FL 3348~ * T~.-J $~]-27~-0424 - $61-278-0555 * www, dclraybeachvill~8¢by~,e~,.a,com 85/29/2881 14:28 5612788555 Friday, July 6 Friday, July 13 Friday, July 20 Fridmy, August 3 Friday, August 10 Friday, August 24 Friday, August 31 DB CHAM~ER COMMERCE PASE $___UMMER NIGHTS ON THI~ AVENUE SCHEDULE FOR ZO01 Street Party, 200, 300, 400 blocks - Atlantic Avenue downtown (Atlantic Avenue from 2r~ Ave. to 5th Ave.) Theme: "60 & 70's" Time: 7 - 10pm Entertainment: Elwood's sponsoring Block Party - Celebrating Root~ - Worthing Park (Atlantic Avenue closed between 1 st Ave & 2nd Ave.) Theme: "Blues" Time: 7 - 10pm Entertainment: Captain Resse Street Party - Atlantic Avenue - Beachslde (Atlantic Avenue between Gleason & Salina) Tl~eme: "Reggae' Time: 7 - 1 Opm Entertainment: Block Party -Atiantic Pl~za no street closure Theme: "Jazz" Time: 7 - 10pm Entertainment: Block Party - Old ~::hool Square no street closure Theme: "Latin" Time. 7 - 1Opm Entertainment: Street Party - SIN) & 600 blocks - Atlantic Avenue downtown (Atlantic Avenue closed between NE 5th to NE 7th Avenues. 5th, 6th & 7th Avenues will be open) Theme: "Beach Party' Time: 7- 10pm Entertainment: 4th Annual Bedrace - Pineapple Grove Main Street (NE 2nd Ave closed from 1st Street to 3rd Street) Theme: "Bedrace & Parade" Time: 6 - 1 Opm Entertainment: provided by Sunny 104,3 FM ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager obertBarcinski, City Manager A. Assistant AGENDA ITEM CITY COMMISSION MEETING JUNE 5, 2001 SPECIAL EVENT REQUEST - AVDA SK WALK DATE: May 29, 2001 ACTION: City Commission is requested to endorse the 3ra Annual Aid to Victims of Domestic Abuse, Inc. 5K Walk to be held on Saturday, October 20, 2001 from 7:30 a.m. until completed, to grant a temporary use permit per LDR Section 2.3.6(H) for the use of Anchor Park and the City right-of-way along Ocean Boulevard, to waive parking meter fees, and to authorize staff assistance for providing traffic control. BACKGROUND: Attached is a request we received from Sabrina Russ, Director of Development for AVDA, to hold their 3rd Annual 5K Walk on Saturday, October 20, 2001 with registration beginning at 7:30 a.m. and the event to start at 9:00 a.m. The route requested is the sidewalk route along Ocean Boulevard and does not require street closure. AVDA volunteers will assist with marshals and will provide clean up. Barricades for the park will be provided on Friday 10/19/01 by Public Works staff and will be set up on Saturday morning by volunteers and police staff. The police Department will try to staff the event with volunteers. If police volunteers are unavailable, then the estimated overtime costs is $100.00. This is a not a new event. A budget for the event is attached. RECOMMENDATION: Staff recommends approval of the event, the temporary use permit, and the waiver of parking fees. We also recommend authorization to provide staff assistance for traffic control with the sponsor paying all overtime costs, if needed, contingent on the sponsor providing the required liability insurance and a hold harmless agreement. RAB/tas File:u:sweeney/asmemos Doc:Memo to DTH re AVDA 5K Walk AID TO VICTIMS OF DOMESTIC ABUSE, INC P.O. Box 667 · Delray Beach · Florida 33447-0667 · 561-265-3797 · Fax 561-265-2102 May 1, 2001 Mr. Robert Barcinski Assistant City Manager 100 N.W. 1= Avenue Delray Beach, FL 33444 RECEIVED HAY 0 2001 CITY MANAGER Dear Mr. Barcinski: In recognition of National Domestic Violence Awareness Month, Aid to Victims of Domestic Abuse, Inc. (AVDA) would like to present its 3rd Annual 5K Walkathon "Peace Should Begin At Home," on Saturday, October 20, 2001. The selected route would take walkers across AIA and travel North on the sidewalk until it ends at Beach Drive. They will then cross AIA and continue walking Southbound on the sidewalk. Staging for the event would occur at Anchor Park. We respectfully request that the City Commission endorse our 3rd Annual 5K Walkathon and gram a temporary use permit for the use of Anchor Park and the North and South sidewalks along AIA. Registration would begin at 7:30 a.m. and the 5K Walkathon would start at 9:00 a.m. All activities will conclude at 1:00 p.m. Activities would include wellness exhibitors, music and a Kid's Area complete with games and a clown. AVDA would also like to request permission to sell a variety of specialty coffee frappes. All other refreshments, including water, juice and bagels would be at no cost to participants. Additionally, we request staff assistance in providing traffic control and that fees for meters behind Anchor Park, meters at Sandoway Park for overflow parking and all associated overtime costs be waived as previously granted. AVDA will provide volunteers to assist with registration, cleanup and serve as Marshals along the route. AVDA will also provide the required liability insurance naming the City of Delray Beach as additional insured and execute a hold harmless agreement. Proceeds from this event will be used to continue providing daily nutritious meals, comprehensive case management, crisis counseling and other quality services to homeless battered women and children. I am excited about once again working with the Delray Beach Police, Public Works and Parks and Recreation Departments in making this year's Walkathon an overwhelming success. I look forward to hearing from you soon with a favorable response and can be reached at (561) 265-3797, Ext. 102. On behalf of our Board of Directors, staff and the women and children who will benefit from your support, I thank you for taking this matter under advisement. Director of Development & FA,~ILIES Housing & Community Development Community Service~ FUNDERS Un tted Way of Palm Beach County · 8.5/38/2881 18:29 5612652182 AVDA PAGE 82 AVDA's 3rd Annual 5K Walkathon October, 2001 Draft Budget REVENUE: 120 Walkers (80%) x $20.00 registration fee (no pledges) $2,400.00 30 Walkers (20%) x $100/each in pledges (fee waived) 3,000.00 Frappucino Coffees ($2.00 @) 100.00 Sponsors 15,000.00 TOTAL $20,500.00 EXPENSES: Brochures In-kind $0.00 T-shirt printing 850.00 Postage 250,00 Paper/Envelopes 100,00 Food (Juice, Water, Bagels) In-kind 0.00 Ice 30.00 Coffee In-kind 0.00 Milk/Creamer 50.00 Cups/Lids/Stirrers In-kind 0,00 Police 100.00 Pod-O-Lets 175,00 Miscellaneous 100,00 Clown In-kind 0.00 TOTAL $1,655.00 fNET $1_8,8~.5.00 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER PAUL DORLING. DIRECt'OR OF PLANNING AND ZONING SCOTT D. PAPE, SENIOR PLANNER MEETING OF JUNE 5, 2001 CONDITIONAL USE REQUEST TO ESTABLISH A 125'-HIGH MONOPOLE TELECOMMUNICATION TOWER AT THE BFI SITE (BROWNING-FERRIS INDUSTRIES) [1475 SW 4TM AVENUE]. The subject property was developed in 1980 while under Palm Beach County jurisdiction as County Sanitation Inc. offices and truck storage facility. The site was later acquired by BFI who currently has a similar operation on site. At its meeting of February 4, 1997, the City Commission approved a conditional use request for a 150'- high monopole telecommunication facility on the site. The approved monopole was never built and the conditional use approval expired. The current conditional use request is to construct a 125' monopole telecommunication tower for Atlantic Coast Tower Inc. The request includes the installation of associated equipment in a 41.5' by 46.33' lease area enclosed by an eight-foot fence topped with barbed wire and screened with perma-hedge. The tower will have a capacity of five utility providers. At its meeting of May 21, 2001, the Planning and Zoning Board held a public hearing in conjunction with the request and there was no public testimony regarding the request. After discussing the proposal, the Board voted (6-1, Randolph dissenting) to recommend approval of the 125'-high telecommunication tower subject to an additional condition that the tower provide up to five telecommunication service providers. Approve the Conditional Use request to establish a 125'-high telecommunication tower at BFI (Browning-Ferris Industries) site, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the conditions contained in the staff report and further modified by the Planning and Zoning Board to include the capacity for co- location of up to five service providers. Attachment: P&Z Staff Report and Documentation~ of May 21, 2001 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA TEM: ITEM: May 21, 2001 IV.G. Conditional Use Request to Allow the Installation of a 125' High AT&T Telecommunications Tower at the Browning Ferris Industries (BFI) Site, Located on the East Side of S.W. 4th Avenue, Approximately 800 ft. North of Linton Boulevard. GENERAL DATA: Owner .................................... Browning Ferris Industries, Inc. Applicant/Agent ...................... Atlantic Coast Tower of Florida, Inc., Lee Chapman Location .................................... East side of S.W. 4th Avenue, approximately 800 ft. north of Linton Boulevard. Property Size ........................... 6 823 Acres (2,301 sq.ft, lease area) Future Land Use Map ...............Industrial Current Zoning .......................... I (Industrial) Adjacent Zoning .............. North: East. South: West: Existing Land Use ..................... Proposed Land Use .................. MIC (Mixed Industrial & Commercial) and I I MIC & I RM (Medium Density Residential), MIC & I Browning Ferris Industries (f.k.a. County Sanitation), Southern Regional Headquarters. Installation of a 125' high AT&T telecommunications tower near the center of the site. Water Service ............................ N/A. Sewer Service ........................... N/A. ITE'M BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request to establish a monopole telecommunication tower greater than 64' in height (125') for AT&T Wireless Services at the BFI site (Browning-Ferris Industries), pursuant to Section 2.4.5(E). The subject property is located on the east side of SW 4th Avenue, approximately 800' north of Linton Boulevard (1475 SW 4th Avenue). B A C,K GR, O'U N ,D The subject property was developed in 1980, while under Palm Beach County jurisdiction. On October 17, 1988, the subject property was annexed into the City pursuant to the Enclave Act (Enclave 34) via Ordinance No. 115-88, and zoned LI (Light Industrial). With the Citywide rezoning and adoption of the Land Development Regulations in October 1990, the subject property was rezoned from LI to I (Industrial). At its meeting of February 24, 1991, the Site Plan Review and Appearance Board (SPRAB) approved a minor site plan modification for the construction of an employee parking lot in association with the existing County Sanitation industrial use. On December 21, 1994, SPRAB approved a minor site plan modification for the construction of a truck parking area along with two above ground fuel tanks. The improvements associated with the above modifications have been installed. On October 1, 1995, County Sanitation, Inc. and its holdings, including the subject property, were purchased by BFI (Browning-Ferris Industries), waste service providers. At its meeting of February 4, 1997, the City Commission approved a conditional use request for a 150'-high monopole telecommunication facility at the northeast corner of the property. A condition of approval was that the tower be located approximately 350 feet to the south of the proposed location, along the east property line. The approved monopole was never built and the conditional use has expired. A conditional use application has been submitted for a 125' monopole telecommunication tower at the subject property, which is now before the Board for action. PR'OJE~CT 'DESCRIPTIO'N The development proposal is to construct a monopole telecommunication tower for Atlantic Coast Tower, Inc., which incorporates the following: Construction of a 125'-high monopole communication tower; and, Installation of the associated equipment area within the 41.5' by 46.33' lease area, which is located within the existing parking area at the south end of the property. The proposed 125'-high tower will allow the co-location of three service providers. The lease area will Planning and Zoning Board Staff Report Telecommunication Tower at the BFI Property (1475 SW 4th Ave ) - Conditional Use Approval Page 2 be enclosed with an eight-foot high chain link fence topped with barbwire and screened with "perma-hedge." Note: The plans indicate accommodations for two additional service providers in the future, and extension of the proposed 125' high tower. Any increase in height above the proposed tower will require a waiver and another conditional use approval. CONDITIONAL USE ~ANALYSlS CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has an Industrial Future Land Use Map and Zoning Map designation. Pursuant to LDR Section 4.3.3(S)(2)(b)(4), monopole towers having a maximum height greater than 64' (125' proposed) may be permitted as a conditional use in the Industrial zone district. Based upon the above positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposed tower will be unmanned, and will not have any impacts on level of service standards as they relate to water, sewer, drainage, traffic, parks and recreational facilities, and open space. Based upon the above, a positive finding can be made with respect to Concurrency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies are noted. Planning and Zoning Board Staff Report Telecommunication Tower at the BFI Property (1475 SW 4m Ave.) - Conditional Use Approval Page 3 SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The BFI property is bordered by property zoned Industrial on the south and east and on the north by property zoned Industrial and MIC (Mixed Industrial and Commercial). The property to the west across SW 4th Avenue is zoned RM (Multiple Family Residential). The property is bordered heavy industrial uses to the north, south, and west. The residential property to the west is the Linton Ridge Condominium. The lease area of the monopole is located along the east side of the BFI parent tract within a parking area. The base of the tower will not be visible from adjacent residential uses or rights-of-way. Linton Ridge is located approximately 735' to the west of the lease area. The applicant has submitted a photo simulation (Exhibit "A") that shows the impact of the proposed tower from the east, southeast, west and south. The proposed tower will be clearly visible from the west, south and east, however, the tower will be partially obscured on the east by the Tarmac silos. Given the distance from the residential property, the proposed tower will have an insignificant impact on these properties. Furthermore, the proposed tower will not have a detrimental effect on the surrounding industrial properties nor the residential property 735' to the west. Aside from the aesthetic aspects of the proposed tower, the proposed use will not generate objectionable nuisances that would hinder development or redevelopment of the nearby properties. The telecommunication facility will generate an insignificant amount of vehicle trips per year and not cause a conflict with respect to noise or lighting. A condition of approval is attached that the applicant submits the proper documentation that indicates there will not be a conflict with respect to radio wave interference (Federal Aviation Administration and Federal Communication Commission). The proposed tower will allow the co-location of three service providers, which is encouraged and will reduce the need for additional telecommunication facilities in the area. Based on the above, a positive finding can be made that the proposed tower will not have a detrimental effect on the neighborhood or hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Items" were identified. Planning and Zoning Board Staff Report Telecommunication Tower at the BFI Property (1475 SW 4th Ave.) - Conditional Use Approval Page 4 LDR Section 4.3.3(S)(Telecommunication Towers and Antennas): Section 4.3.3(S)(2)(e) Development Standards and Criteria: (1)(a) & (b) Hei_clht: Pursuant to LDR Section 4.3.3(S)(2)(e)(1), the tower height shall not exceed 125' unless a waiver is granted. The tower height shall include any apparatus that extends above the tower structure, except lighting rods, safety lighting, and other apparatus to ensure the safe operation of the facility. Also, whip antennas not exceeding six inches in diameter may extend ten-feet above the height of the tower structure. The tower height is to be measured from the crown of the road of the nearest public right-of-way, which is Old Dixie Highway. The survey of the property must be revised to provide the elevation of the ©Id Dixie Highway crown. The elevation drawing of the proposed tower indicates a tower height of 122.5', as measured from the SW 4th Avenue crown of road. A condition of approval is attached that the survey is revised to provide the crown elevation of Old Dixie Highway and that the maximum tower height shall be 125' as measured from this elevation. (2) Setbacks: (a) Towers shall be located a minimum of fifty (50) feet from any existing or proposed public street right-of-way line. The nearest public street right-of-way is Old Dixie Highway, which is approximately 450' east of the proposed tower. (b) The minimum distance between a monopole tower and the nearest property line of a residential zoning district shall be equal to 200% of the height of the tower. The proposed 122.5'-high tower requires a 245' minimum separation between the nearest property line of a residential zoning district. The nearest residential property is the Linton Ridge Condominium, which is approximately 735' to the east of the proposed tower. (d) Monopole, lattice, or guyed telecommunication towers shall not be located within 1,000' of any existing monopole, lattice, or guyed telecommunication tower. The nearest telecommunication tower is located at the southwest corner of SW 7th Street and SW 15th Avenue and is 5,400' from the proposed tower. (e) Equipment buildings and other structures associated with a telecommunication tower shall conform to the setbacks established for the underlying zoning district. The following table indicates that the lease area, which contains the equipment buildings and other structures, complies with LDR Section 4.3.4(K) as it pertains to the Industrial zone district: Planning and Zoning Board Staff Report Telecommunication Tower at the BFI Property (1475 SW 4th Ave ) - Conditional Use Approval Page 5 Minimum Building Setbacks' Standard Provided Front 30' 691' Side Interior 10' 240' Side Street 30' N/A Rear 10' 111' (3) Buffering Requirements: (a) An eight foot high fence or wall shall be constructed around the base of a telecommunication tower. The fence or wall shall be screened in accordance with LDR Section 4.6.5. (b) Accessory equipment and structures shall be screened in accordance with Section 4.6.16. (c) Landscaping may be required around anchors or supports, as well as around the perimeter of the site on which the tower is located, in order to enhance compatibility with adjacent properties. The applicant proposes an eight-foot high chain link fence with "American Perma- hedge." The perma-hedge is an artificial hedge material that is woven into the chain link fence as an option to natural hedge material and has been approved for use by the City Horticulturist. Under certain circumstances, the installation of landscaping around the perimeter of the compound will not benefit adjacent properties. It is noted, however, that the site currently has dead or missing perimeter trees. Replacement of this material is attached as a condition of approval. The elevation detail of the fence indicates that barbed wire will be installed atop the eight-foot high fence. Pursuant to LDR Section 4.6.5, two-feet of barbed wire may be used in nonresidential districts. A conditional of approval is attached that the maximum height of the barbwire is two- feet. As noted in the "Other Items" section of this report, the applicant proposes to remove an existing terminal landscape island. A condition of approval is attached that the lease area is moved ten-feet to the south in order to maintain this island. (6) Tower Color Pursuant to LDR Section 4.3.3(S)(2)(e)(6), except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers, telecommunication towers shall be constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray and is indicated on the plans and attached as condition of approval. LDR Section 4.3.3(S)(4) (Co-Location): Pursuant to LDR Section 4.3.3(S)(4)(a), in order to minimize adverse visual impacts associated with a proliferation of towers, co-location of communication antennas by more than one provider on existing or new telecommunication towers shall take precedence over the construction of new single use telecommunication towers. An application for a new tower that is greater than 64' in height shall not be approved unless it can be demonstrated Planning and Zoning Board Staff Report Telecommunication Tower at the BFI Property (1475 SW 4t~ Ave.) - Conditional Use Approval Page 6 by the applicant that there is a need for the new tower which cannot be met by placing the antenna on an existing tower. Accordingly, the following requirements apply to each application for a new telecommunication tower that is greater than 64' high: That all new telecommunication towers shall be constructed so as to have the capacity to permit multiple uses. Monopole towers shall be able to accommodate a minimum of two users. Analysis: The proposed monopole tower has sufficient capacity to allow up to three service providers, thereby exceeding this requirement. All applications for new telecommunication towers shall include a written analysis of the feasibility of sharing any existing telecommunication tower located with a half-mile radius of the proposed tower site. Analysis: The subject application is not required to provide a written analysis with respect to feasibility as the nearest tower is located approximately 5,400' (one mile) away th (southwest corner of SW 7 Street and SW 15 Avenue), which is well in excess of a half-mile (2,640% However, the applicant has submitted a coverage map that indicates a minor gap of coverage for Sprint PCS in the eastern area of the City. This gap will be exacerbated as the surrounding facilities near maximum capacit,~. This gap could possibly be filled by collocating on the tower at the corner of SW 7"' Street and SW 15th Avenue, which is the only tower that Sprint PCS does not have facilities in the target area. However, the goal of limiting proliferation of towers will be met, as the proposed tower will allow multiple service providers to collocate. A requirement to allow co-location will be a condition of approval for all new towers. This requirement will be deemed to have been met if the facility owner shows that it has executed a joint use agreement with at least one other unaffiliated entity for shared use, and agrees to offer the same contract to others. In other cases, the facility owner must provide a statement of intent to offer space on the tower on fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. A condition of any permit shall be terminated, and the facility removed, if the City finds that the facility owner is not complying with its obligations under this section. Analysis: The applicant has indicated in the project narrative that the initial service providers to locate on the tower will be BellSouth Mobility and AT&T wireless. The proposed tower will have space for one additional service provider with additional service providers if a tower extension request is submitted and approved by the City. It is noted that the owner of the tower must offer, space on the tower on "fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and Planning and Zoning Board Staff Report Telecommunication Tower at the BFI Property (1475 SW 4th Ave ) - Conditional Use Approval Page 7 without undue delay." A condition of approval is attached that the tower owner shall provide co-location opportunities based on these stipulations. OTHER ITEMS Other Issues: The proposed lease area will eliminate a terminal landscape island within the existing employee parking area. Pursuant to LDR Section 4.6.16(H)(3)(j), landscape islands shall terminate each row of parking spaces. The lease area should be relocated ten-feet south, which will allow the preservation of the landscape island. In addition, while staff had concerns as this parking area is usually full, it was decided there are other opportunities for employees to park on-site. Another alternative the applicant may want to consider is to locate the lease area/tower approximately 64' to the northeast, at the south end of the truck storage area. REVIE'W, BY OTHERS,,,', The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Site Plan Modification: If Conditional Use approval is granted, a site plan modification submittal will follow. The site plan must address concerns raised through the conditional use petition. Special Courtesy and Public Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: Pinegrove/Fallridge Southridge Woods of Southridge President's Council PROD Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. A S S E'!S'SM EN T A:~N:~D C O',NC,iLU S lO N '~ The proposed use is consistent with the policies of the Comprehensive Plan as well as Chapter 3 and Section 2.4.5(E)(5) of the Land Development Regulations. The proposal calls for the construction of a 125' monopole telecommunication tower can accommodate three service providers. It is noted that two additional service providers can be accommodated if waiver to the height restriction is granted via the conditional use modification process. The Planning and Zoning Board Staff Report Telecommumcation Tower at the BFI Property (1475 SW 4th Ave.) - Conditional Use Approval Page 8 proposed tower is sited in an area of the City that will have an insignificant impact on the nearest residential neighborhoods. Approval of the tower will reduce the proliferation of towers within the City as co-location is provided for three service providers. The proposal will comply with LDR Section 4.3.3(S) provided the conditions of approval are addressed. ALTERNAT, IVE ACTIONS 1. Continue with direction. Recommend approval of the conditional use request to establish a 125' monopole telecommunication tower for AT&T Wireless Services at the BFI site (Browning- Ferris Industries), based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the conditional use request to establish a 125' monopole telecommunication tower for AT&T Wireless Services at the BFI Site (Browning- Ferris Industries), based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, with the basis stated. RECOM'MENDED ACTION Recommend to the City Commission approval of the Conditional Use request to establish a 125' monopole telecommunication tower for AT&T Wireless Services at the BFI site (Browning-Ferris Industries), based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the survey shall be revised to provide the crown elevation of Old Dixie Highway and that the maximum tower height of 125' be provided based on this elevation. That the tower owner shall offer space on the tower with fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. 3. That the maximum height of the barbwire is two-feet. 4. That the lease area shall be moved ten-feet to the south in order to preserve the existing landscape island. That except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers, the telecommunication tower shall be constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray. Planning and Zoning Board Staff Report Telecommunication Tower at the BFI Property (1475 SW 4th Ave.) - Conditional Use Approval Page 9 That a site plan modification be processed with the site plan to be in general conformance with the sketch plan, which addresses the lease area and landscaping issues identified in this report. 7. That all dead or missing trees, shrubs, ground cover and sod shall be replaced throughout the site. 8. That all exotic plant species such as Australian Pine shall be removed from the site. That landscape maintenance including weeding, pruning, edging, mulching and fertilizing of all landscape areas shall be accomplished in accordance with direction by the City Horticulturist. 10.That the proper documentation that indicates there will not be a conflict with respect to radio wave interference (Federal Aviation Administration and Federal Communication Commission) shall be submitted. Attachments: Conceptual Plan Tower Elevations Exhibit "A" - Line of Sight Survey Report prepared by: Scott Pape, Senior Planner £~ ~99 .~/.'£ ~.t,' 3 .gO,O0.O0 $ 30.00 2- .3£ DO. OO 3 .:0 0c3~ M.~O.OC~OON 3 .~£.O0.aO s . ._g .C. DO$ 3 .gO.OC. CX] S .9;-,00.00 , ;g& ~ N ,,9£.D0.00 N O'Og !. 3 ..§o.o0.00 S ~ ,~'gt N~£ L v~.OON ~-~ "ADD J C 1/-- --"~ VERIZON I FUTURE LOCATION OF 8'x16" NEXTEL EQUIPMENT FUTURE LOCATION PLATFORM ON 10'x20' EQUIPMENT SHELTER PROPOSED B" CURB (~~ ~p~oPoSED 3' GATE7 o o\ S-e-~-~- - E o B' FENCE PROPOSED 3' GATE SITE PLAN SCALE: 1"=5' -PROPOSED 8' CURB 8' FENCE GATE (FUTURE) l.O. MONOPOLE FF] ~TT~ ,r]~ EL T.B.D. ,, gJll~l~ ,, Ill III III II1 ~, T.B.D. I tll T.O. MONOPOLE EL. 125' A,G.L * ~ T.B.D. ~, T.B.D. PROPOSED 125' ~ MONOPOLE TOWEF SHALL BE NON-¢ GRAb0 (DESIGNED __ PROPOSED PRE- ~ EOUlPMENT SHE[ ~-- PROPOSED 8' HIGH ~ COLOR: BRO~ ~ CHAIN UNK ~NCE ~ FURNISH~ BY ( ~ W~ARB~ ~RE X PRO. DE SECURI BO DOORWA' (S~ NO~S BELO~ ~ , . TALL (COLOR NON-CONTRASTING BY OTHERS) CINGULAR UGHT 20,0'+ NGVD (1929) EXSGTING GRADE AT PROPOSED TOWER NOTE: CROWN O S.W. 4TH AVE. ~s EL 2~5~ R-1-A RM R-1 -A POD Looking North before antenna installation Looking North after antenna ~nstallat~on at a d~stance of approximately 800 feet EXHIBIT "A" KJmley-Hom and Associates, Inc. © 2000 K~mley-Horn and Associates, lnc Looking East before antenna ~nstallat~on Looking East after antenna installation at a d~stance of approximately 750 feet EXHIBIT "A" ~'i~ Kimley. Hom and Associates, Inc. © 2000 K~mley-Hom and Associates, lnc Looking Northeast before antenna installation Looking Northeast after antenna installation at a d~stance of approximately 300 feet EXHIBIT "A" ~i~ Kimley-Hom and Associates, Inc. © 2000 K~mley-Horn and Assodates, Inc 503000~ 1 01 Looking West before antenna installation Looking West after antenna Installation at a d~stance of approximately 600 feet EXHIBIT "A" ~'i~ Kimley-Hom and Associates, Inc. © 2000 Kimley-Horn and Associates, Inc. 50300011.01 PINE GROVE ELEMEN TAR Y SCHOOL FALL RIDGE OF DELRA Y DOUGLASS AVE REIGLE AVENUE STERLING AVENUE SOUTHRIDGE ROAD WILSON AVE CENTRAL AVE COLLINS AVENUE GULF STREAM COMMERCIAL CENTRE LIN TON RIDGE CONDO LIN TON TRUSS ITE SECURITY SELF STORAGE ONE LIN TON BL VD THE PLAZA AT DELRA Y I AVER'S LIN TON BOULEVARD COS TCO BURGER/- / LINTON N CITY OF DELRAY BEACH, FL PLANNING &: ZONING DEPARTMENT PROPOSED TELECOMMUNICATIONS TOWER -- ~)I~'ITAL ~/,,~E MAP SY'~T/'M -- MAP REF LM519 TO: THRU: FROM: SUBJECT: DAVID~_~AR E~CI M. ANAGER PAUL ~pRL~IN~, DIRECT,,O/R OF PLANNING AND ZONING MEETING OF JUNE 5, 2001 REVIEW STATISTICAL DATA COLLECTED DURING THE TEST PERIOD, FROM JANUARY THROUGH APRIL, ASSOCIATED WITH EXTENDING THE CLOSING TIME OF THE SANDOWAY LOT FROM 8:00 PM TO 9:00 PM AND ESTABLISH THE OFFICIAL LOT CLOSING TIME. At the City Commission meeting of January 16, 2001 the Sandoway Lot closing time was extended from 8:00 PM to 9:00 PM, on a trial basis, to ascertain utilization of the lot beyond the 8:00 PM closing time. Parks and Recreation's Park Rangers have monitored the Sandoway Lot in the evenings at various intervals throughout the four-month period from January to April 2001. The data collected has been condensed for your review (See attached). The test period began mid-month (January 16th) and there was no utilization of the lot late in the evening. This lack of utilization was probably due to citizens not being aware of the extended operating hours. However, February and March showed increased activity with a total of twenty-two (22) and twenty-one (21) care parked respectively. In April with the onset of Daylight Savings Time, the lot accommodated forty-four (44) cars parked after 8:00 PM. It is noted that the lot utilization in February and March is probably higher than reported as these counts are based on incomplete data (missing days). Staff requested a list of calls for police assistance from the Delray Beach Police Department (DBPD) to determine if the later closing time created any additional inconveniences to the surrounding neighborhood. Although there were five calls for police assistance during the four-month period (1 suspicious person / 3 theft of property from vehicles and 1 assault threat between two former co- workers), none were related to the extended lot closing time. (The latest report received at 5:50 PM.) Mr. Steve Daniels, an attorney representing Ocean Place Condominium, appeared before the Parking Management Advisory Board at their May 22® meeting in opposition to the later closing time stating that the marginal use of the parking lot did not necessitate the later closing time. After further discussion, based on the increased usage particularly with Daylight Savings Time, the Board voted 5 - 2 (Marincola, Onnen and Radabaugh absent), in favor of continuing the test period of the Sandoway Lot's 9:00 PM closing time for an additional six-month period, ending October 31. R~ECOMMENDED ~ACTION ...... ',~",'~'~ '~ i ~ By motion, approve the continuation of the test period of the Sandoway Lot's 9:00 PM closing time for an additional six-month period, ending October 31. Attachments: Parking Lot Activity Reports 00000 0 0000 .... ~ .... ~ ~--'~ --.~ Date 0000000000000000000000000000000 ITl ~° ~oooooo~ooo~oo~oooo2~2~22~222~2222X I~lml~lmlml~l~l~lmlmlml~lml~l~lml~l~l~l~lml~lml~l~lml~l~ II l l l l l l l l l l l l l l l l l l l l l l . l Date r~ Date i-n z woo~ommm~m~o~oO~O o~ooo _ _~ -.~ ~gg -.~ 00 ~~000~00~0~ Date 000000000000000000000000000000 0 CITY OF OELRrlY BEFII:H CITY ATTORNEY'S OFFICE AIl-AmedcaClty 1993 DATE: TO: May 30, 2001 FROM: SUBJECT: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect Line' (561) 243-7090 MEMORANDUM City Commission David T. Harden, City Manager Jay T. Jambeck, Assistant City Attorne Andover Homeowners Association Dra [ge Improvements Agreements Attached please find the above-referenced agreement between the City and Andover Homeowners Association CAndover"). The City is simply providing materials to Andover to facilitate the construction of drainage improvements to be completed by Andover. The City will provide the following materials: a. 50 lineal feet of 18" HDPE Exfiltration Pipe. b. 2 Type "C" Inlets with Grates. c. 16 cubic yards of #57 stone. The City will have no continuing obligation whatsoever with regard to the proposed improvements or materials. Furthermore, Andover agrees to indemnify and hold the City harmless for any claims arising from the installation of the drainage improvements, including installation of the materials. The attached agreement does not contain Exhibit "A" from the original agreement which is simply the drainage improvement plans. By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the June 5, 2001 City Commission meeting. If you have any questions, please do not hesitate to contact me. Attachment CC: Barbara Garito, Acting City Clerk Randal Krejcarek, City Engineer AGREEMENT THIS AGREEMENT entered into this Iq' day of ~g~/ , 2001, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City"), and ANDOVER HOMEOWNERS ASSOCIATION CAndover") provide as follows: WHEREAS, Andover intends to construct drainage improvements near the entrance to Andover; and WHEREAS, the City agrees to provide certain drainage materials in order to assist Andover with the construction of the drainage improvements. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: The above-stated recitals are incorporated herein as if fully set forth herein. 2. DRAINAGE IMPROVEMENTS Andover intends to construct drainage improvements as per the plans drafted by Gerald B. Church, P.E. and attached hereto as Exhibit "A". 3. MATERIALS PROVIDED BY CITY The City shall provide to Andover, for the purpose of completing the intended drainage improvements, the following: a. b. 50 lineal feet of 18" HDPE Exfiltration Pipe. 2 Type "C" Inlets with Grates. 16 cubic yards of #57 stone. The items set forth in Subparagraphs 3a - 3c are hereinafter referred to as the "materials." -Andover agrees that the City is not obligated to provide any other materials or services with regard to the drainage improvements that are not specifically set forth in this agreement. 4. QUALITY OF MATERIALS The materials provided by the City are provided "as is." Although the materials provided will be to City specifications, Andover hereby waives any and all claims which it has or may have in the future with regard to the quality, condition or type of materials provided by the City. 5. INSTALLATION AND MAINTENANCE OF DRAINAGE IMPROVEMENTS The City shall have no obligation whatsoever to install or maintain the drainage improvements that are the subject of this agreement, including but not limited to, any materials provided by the City. 6. INDEMNIFICATION Andover agrees to indemnify, defend and hold the City harmless for any and all claims, causes of actions, suits, demands, judgments or proceedings brought against the City, its agents, employees, representatives or assigns for any and all matters related to the materials provided herein or to the construction and maintenance of the drainage improvements. 7. VENUE Any claims, lawsuits or disputes that may arise under this agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 8. ENTIRE AGREEMENT This agreement constitutes the entire agreement and understanding of the parties as it relates to settlement discussions. 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 all parties. 9. THIRD PARTIES Nothing in this agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this agreement. IN WITNESS WHEREOF, the parties hereto have entered into this agreement as of the day and year first above written. THE CITY OF DELRAY BEACH, ATTEST: a Florida Municipal Corporation City Clerk ApprOved ~ to form: ~.City~~y/L'''~'''~ By: David W. Schmidt, Mayor ANDOVER HOMEOWNERS ASSOCIATION Delbert Kohl, President (Name Prlnted or Typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ! t~ day of [,[~t ,2001, by Delbert Kohl, as President, of Andover Homeowners Association on behalf of the Association. -,.~-_ --.~She is persOnally khown to rrie~er h~_s ?md~med Signature of Notar~Public ...~...-', ...... ~ :,. ,,aa~ :*: :*: MY COMMISSION # CC850858 EXPIRES ~>~.::~,~., June 21 2005 4 CITY OF OELRrlV BErI£H CITY ATTORNEY'S OFFICE DELRAY BEACH 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line 561/243-7091 MEMORANDUM May 21,2001 City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Amendment # 1 to Developer's Agreement on Ocean Hammock Homes The City entered into a developer's agreement with Ironwood Properties on November 30, 2000 regarding the development of the Ocean Hammock Coach Homes project. This development is located just north of George Bush Boulevard and just west of A-1-A off of Pelican Lane. The Developer's Agreement provided that the City would contribute material up to $62,550.00 regarding public right-of-way and infrastructure improvements that were beyond what was required for the development. Pursuant to the attached memo from Randal Krejcarek, the City has requested that the developer move Pelican Lane approximately 10 feet south of its current location. As a result of this request, the developer has incurred additional design expenses. However, this has also reduced the need for a retaining wall along Pelican Lane and therefore, reduced the quantities of some of the materials listed on the original Exhibit "A". As a result of the changes a new Exhibit "A" has been prepared to reflect the changes in cost. The total amount is still the same, $62, 550.00. Please place this item on the June 5, 2001 City Commission agenda. Please call if you have any questions. Attachments CC: Barbara Garito, Acting City Clerk Randal Krejcarek, City Engineer Page 1 of 1 Shutt, Brian From: Sent: To: Subject: Krejcarek, Randal Friday, May 18, 2001 2:25 PM Shutt, Brian Ocean Hammock Rewsed Exhibit A Brian, Attached it the revised Exhibit "A" for the Developer's Agreement the City has with Ocean Hammock. This Exhibit was rewsed to reflect material quantity changes and the addition of payment for design services. The payment of design services is the result of the C~ty's request to move the road apprommately 10 feet to the south, The moving of the road will result in Iocabng the entire roadway w~thin the City of Delray Beach. This shift eliminates the need for any roadway maintenance agreement with the Town of Gulfstream. Please prepare an amendment to the developer's agreement to reflect this revised Exhibit "A", Thanks, Randal L. Krejcarek, P.E City Engineer C~ty of Delray Beach, FL kre/carek~ci, delra y-beach, fi. us Phone. 561-243-7322 Fax: 561-243-7314 5/18/2001 AMENDMENT NO. 1 TO THE OCEAN HAMMOCK COACH HOMES DEVELOPER'S AGREEMENT DATED NOVEMBER 30, 2000 THIS AMENDMENT to the Agreement dated November 30, 2000, is entered into this ~ day of ,2001, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and OCEAN HAMMOCK DEVELOPMENT CORPORATION (hereinafter referred to as DEVELOPER), provides as follows: WHEREAS, a project called the Ocean Hammock Coach Homes is being developed along the south side of Pelican Lane, just north of George Bush Boulevard in Delray Beach; and WHEREAS, the CITY had entered into a developer's agreement with the DEVELOPER, dated November 30, 2000, for the construction of infrastructure and in an amount not to exceed $62,550.00; and WHEREAS, the DEVELOPER has made design changes in the project, at the request of the CITY, that have changed the material requirements as provided under the prior developer's agreement; and WHEREAS, the Parties wish to substitute a revised Exhibit "A" to reflect the change in material quantities and to provide for design revisions. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the DEVELOPER and CITY hereby agree as follows: 1. INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. DEVELOPER'S AGREEMENT. The CITY entered imo a developer's agreement with the DEVELOPER, dated November 30, 2000, to provide materials for the construction of infrastructure and roadway in an amount not to exceed $62,550.00. The Parties wish to substitute a revised Exhibit "A" to the Developer's Agreement dated November 30, 2000 to reflect the change in material quantities as well as the addition of design expenses incurred by the DEVELOPER as a result of a request by the CITY to move Pelican Lane. This Amendment does not, in any way, increase the amount due DEVELOPER under the Developer's Agreement. 3. INTEGRATION; AMENDMENTS This Amendment, along with the Agreement dated November 30, 2000, constitutes the entire agreement and understanding of the parties. 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. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: (Name Primed or Typed) CITY OF DELRAY BEACH By: Mayor, David Schmidt OCEAN HAMMOCK DEVELOPMENT CORPORATION By: Cary Glickstein, President (Name Printed or Typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2001, by , as (name of officer or agent, title of officer or agent), of Ocean Hammock Development Corporation, a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public EXHIBIT A - Revised OCEAN HAMMOCK COACH HOMES DEVELOPER'S AGREEMENT Unit DESCRIPTION QTY UNIT Price Total 3' High Retaining Wall 0 LF $15.00 $0.00 Type F Curb and Gutter 720 LF $2.80 $2,016.00 Type E Curb and Gutter 520 LF $2.70 $1,404.00 8" PVC Watermain 720 LF $20.00 $14,400.00 Fire Hydrant 2 EA $1,200.00 $2,400.00 8" DIP Sewer main 150 LF $30.00 $4,500.00 Manhole (4'-6' cut) 1 EA $1,170.00 $1,170.00 Paver Bricks 8367 SF $1.20 $10,040.00 Ashphalt Pavement 175 TON $40.00 $7,000.00 Drainage Structures 5 EA $1,700.00 $8,500.00 15" RCP 300 LF $24.00 $7,200.00 Design Revisions 1 LS $3,920.00 $3,920.00 $62,550.00 Pnnt Date:5/18/2001 ADMINISTRATIVE SERVICES MEMORANDUM TO: David T. Harden, City Manager FROM: ¢/ Amanda G. Solomon, Telecommunications Systems Manager THRU: ~I~o~ A. Barcinski, Assistant City Manager DATE: June 1, 2001 SUBJECT: Agenda Item City Commission Meeting June 5, 2001 AT&T Wireless Services of Florida Lea~e Agreement City Commission is requested to approve the attached lease agreement with AT&T Wireless Services of Florida for location of their communications equipmem on the Tower located at the Police Department. The initial term will be for five (5) years with additional five (5) year terms. AT&T will pay the City a monthly rental payment of Two Thousand Dollars ($2000). Beginning with year two (2) of the Initial Term, and each year thereafter, including throughout any option terms exercised, the monthly rent will increase by Three percent (3%) over the previous year's Rent on a compounded basis. This lease agreement has been approved as to form and legal sufficiency by Susan Ruby, City Attorney. Staff is recommending approval of lease agreement with AT&T Wireless Services of Florida. AGS:RAB File:Allen/Cellular Doc: Agenda Request Tower Lease AT&T June I, 2001 Cell Site Number: WP-095 Address: 300 W. Atlantic Ave, Delray Beach, FL 33444 LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement"), dated as of the date below, is entered into by THE CITY OF DELRAY BEACH, a municipal corporation in the County of Palm Beach and State of Florida., having a mailing address of 100 NW First Avenue, Delray Beach, FL 33444 (hereinafter referred to as "Landlord") and AT&T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, dgo/a AT&T Wireless, having an office at 11760 North U.S. Highway One, West Tower, North Palm Beach, FL 33408 (hereinafter referred to as "Tenant"). ~ BACKGROUND Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, located at 300 W. Atlantic Ave., Delray Beach, in the County of Palm Beach, State of Florida (the "Property"). The Property being further identified on the Legal Description of the Property attached hereto as Exhibit 1. Tenant desires to lease a portion of the Property in connection with its federally licensed "communications busin6ss. '"' The parties agree as follows: 1. LEASE OF PREMISES. Landlord leases to Tenant a portion of the Property consisting of (a) a room/cabinet/ground area space of approximately 550 square feet; and (b) space on the structure together with such non-exclusive easements as are necessary for the antennas and initial installation as described on the attached Exhibit 2 (collectively the "Premises"). 2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair and replacement of its communication facilities and related equipment, cables, accessories and improvements, which may include a suitable support structur6, associated antennas, equipment shelters or cabinets and fencing (collectively "Communication Facility"); such use may 1 Structure Lease 06-14-00 include the right to test, survey and review title on the Property (collectively the "Tenant's Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 2 will not be deemed to limit Tenant's rights under this paragraph. If Exhibit 2 includes conceptual drawings of the initial installation of the Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of such conceptual drawings. Landlord warrants that is has not caused, nor will cause or allow the condition, zoning status or status of the~Property to be changed, altered or modified in any manner that would adversely affect Tenant's Permitted Use of the Premises. 3. TERM. (a) The initial lease term will be five (5) years ("Initial Term"), commencing upon the Commencement Date, as defined below. The Initial Term will terminate on the last day of the month in which the fifth annual anniversary of the Commencement Date occurs. (b) This Agreement will automatically renew for five (5) additional five (5) year Term(s) (the "Extension Term"), upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to renew this Agreement at least ninety (90) days prior to the expiration of the existing Term. (c) If Tenant remains in possession of the Premises after the termination or expiration of this Agreement then Tenant will be deemed to be occupying the Premises on a month to month basis (the "Holdover Term"), subject to the terms and conditions of this Agreement. (d) The Initial Term, Extension Term and the Holdover Term are collectively referred to as the Term (" Term"). 4. RENT. (a) Commencing on the date that Tenant commences construction (the "Commencement Date"), Tenant will pay to Landlord a monthly rental payment of Two Thousand Dollars ($2,000), plus any applicable tax ("Rent"), at the address set forth above on or before the 5~ day of each calendar month in advance. Rent will be prorated for any partial month. Co) Beginning with year two (2) of the Initial Term, and each year thereafter, including throughout any option terms exercised, the monthly Rent will increase by Three percent (3 %) over the previous year's Rent on a compounded basis. 2 Structure Lease 06-14-00 (c) payments. Tenant for such direct deposit. Tenant's expense. Tenant will have the right to use a direct deposit system with regard to Rent Landlord agrees to cooperate with Tenant in providing requisite information to The implementation of the direct deposit system will be at 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises for Tenant's Permitted Use and Tenant's ability to obtain all governmental licenses, permits, approx, als or other relief required of or deemed necessary by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively referred to as "Governmental Approvals"). Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Governmental Approvals for Tenant's use under this Agreement and agrees to reasonably assist Tenant with sutch applications. ~ (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of Tenant's choice. (c) Tenant may also obtain, at Tenant's sole cost and expense, soil boring, percolation, engineering procedures, environmental investigation or other tests or reports ("Tests") on, over, and under the Property, necessary to determine if the Tenant's use of the Premis~s will be cc~mpatible with Tenant's engineerin~~' specifications, system design, operations or Governmental Approvals. 6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows: (a) by either party on thirty (30) days prior written notice to the other party, if the other party remains in default under Paragraph 14 of this Agreement after the applicable cure periods; (b) by Tenant on sixty (60) days notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now and hereafter intended by Tenant or if Tenant determines in its 3 Structure Lease 06-14-00 sole discretion that the cost of obtaining or retaining the same is cormnercially unreasonable; and (c) by Tenant on sixty (60) days written notice for any reason. 7. INTERFERENCE. (a) Where there are existing radio frequency user(s) on the Property, Landlord will provide Tenant with a list of all existing radio frequency user(s) and their frequencies on the Property in order to allow Tenant to evaluate the potential for interference. Tenant warrants that its use of the Premises w~ll not interfere with existing radio frequency user(s) on the Premises so disclosed by Landlord as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party for use of the Property, if such use may in any way adversely affect or interfere with Tenant's Communication Facility. Landlord will notify Tenant in writing, prior to granting any third party the right to install and operate communications equipment on the Property, and Tenant may object in writing within ten (10) business days of the receipt of the Notice from the Landlord to the granting of the lease, license or other right to said third party, if Tenant can reasonably demonstrate to the satisfaction of the Landlord that such proposed lease, license or other right to said third party shall cause interference with Tenant's rights under this Lease Agreement. Nothing contained herein will restrict.Tenant nor its successors and assigns from installing and modifying its communications equipment. (c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property in any way which interferes with the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights that Tenant may have at law or in equity, for Landlord's breach of this. Agreement, to elect to enjoin such interference or to terminate the Agreement upon notice to Landlord. 4 Structure Lease 06-14-00 (d) Landlord will confer with Tenant, tenant(s) and/or licensee(s) to determine proper antenna separation so as to avoid and/or eliminate any interference with their respective operations. (e) The installation and maintenance of the Communication Facility will not interfere with the Landlord's existing emergency equipment, operations or any of Verizon's rights within the Property. In the event Tenant's installations interfere with the Landlord's equipment or olSerations, Tenant will immediately cease such interference, after notice thereof until it is able to resolve the problem. If the interference cannot be resolved, either party will be entitled to terminate this Agreement and render it null and void. 8. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs), arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional acts or omissions of Landlord, its employees, agents or independent contractors. (b) To the extent allowed by law and subject to the provisions of 768.28 FS, Landlord agrees to indemnify defend and hold Tenant harmless from and against any injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from Landlord, its employees, agents, or independent contractors' breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional acts or omissions of Tenant, its employees, agents, or independent contractors. (c) The above indemnifications shall survive the termination of this Lease Agreement as to all claims arising from the period that this Lease was in effect. (d) Notwithstanding anything to the contrary in this Agreement, each of Tenant and Landlord hereby waives any claims that they may have against the other with respect to consequential, incidental or special damages. 5 Structure Lease 06-14-00 9. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. (b) Landlord represents and warrants that: (i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license; (ii) the Property is not encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, encroachments, development orders or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long as Tenant is not in default then Landlord grants to Tenant, actual, quiet and peaceful use, enjoyment and possession of the Premises; (iv) Landlord's execution and performance of this Agreement will not violate any Laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on the Landlord; and (v) if ~e Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will use best efforts to provide promptly to Tenant a mutually agreeable Subordination, Non-Disturbance and Attornment Agreement. 10. ENVIRONMENTAL. (a) Landlord and Tenant agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in, or on the Property. Co) Landlord and Tenant agree to hold harmless and indenmify to the extent permitted by law the other from and to assume all duties, responsibilities, and liabilities at its sole cost and expense, for all duties, responsibilities and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) failure to comply with any environmental or industrial hygiene qaw, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to 6 Structure Lease 06-14-00 any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, and (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Property or activities conducted by the party thereon, unless the environmental conditions are caused by the other party. (c) The indemnifications of this Paragraph 10 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remedial removal or restoration work required by ~ny governmental authority. The provisions of this Paragraph 10 will survive the expiration or termination of this Agreement. 11. ACCESS. At all times throughout the term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour, seven (7) day pedestrian and vehicular access to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises and Landlord herel~y grants to Tenant as an appurtenance and benefit to the Premises and non-exclusive easement for such access. Upon tenant's request, Landlord will execute a separate recordable easement agreement evidencing this right. In the event any public utility is unable to use the access provided to Tenant then Landlord hereby agrees to grant an additional access or easement either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant. 12. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant will remove all such improvements. Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Tenant will be responsible for the replacement of 7 Structure Lease 06-14-00 any trees, shrubs, or other vegetation and Tenant will be required to remove from the Premises or the Property any underground utilities. 13. MAINTENANCE / UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Co) Tenant will be solely responsible for and pro~nptly pay all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. Landlord will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Tenant. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from the Landlord if technically feasible. Tenant will pay on a monthly basis the current local utility company rate for submetered electric, after the meter is read by the Landlord and billed to Tenant. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord. 14. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non-payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of. such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence, provided however any interference with Verizon's operations under its lease with the City not cured within 10 days of receipt of written notice from the City of such interference and/or any interference with the City's emergency communications/operations not cured within one (1) hour of receipt of notice from the City of such interference shall be grounds for termination of this Lease Agreement immediately thereafter. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord 8 Slxucture Lease 06-14-00 will have the right to exercise any and all rights and remedies available to Landlord under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) Landlord's failure to perform any term or condition under this Agreement within forty-five (45) days after receipt of written notice from Tenant specifying the failure, or if Landlord is in breach of any warranty or covenant under this Agreement including the provisions of Paragraph 2 above. No such failure, or bre~ch, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have the right to exercise any and all rights under this Agreement and any other rights available to Tenant at law or in equity, including the right to cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord from Tenant. 15. ASSIGNMENT/SUBLEASE. Tenant may assign, sell or transfer its interest under this Agreement without the approval or consent of Landlord, to the Tenant's principal, affiliates, subsidiaries, subsidiaries of its principal or to any entity which acquires all or substantially all of Tenant's assets in the market defined by the Federal Communications Commission in which .the property is located by reason of a merger, acquisition, or other business reorganization. Upon notification to Landlord of such assignment, transfer or sale, Tenant will be relieved of all-future performance, liabilities and obligations under this Agreement. Tenant may not otherwise assign this Agreement without Landlord's consent. 16. NOTICES, All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notice will be addressed to the parties at the addresses set forth above (as to Tenant, AT&T Wireless Services, Attn.: System Development Manager; Re: Cell Site #: WP-95, at 300 W. Atlantic Ave., Delray Beach, FL, 33444. With a copy to: AT&T Wireless Services, Attn: Legal Department, Re: Cell Site #: WP-95, at West Tower, 11760 North U.S. Highway //1, North Palm Beach, Florida 33408.) Either 9 Structure Lease 06-14-00 party hereto may change the place for the giving of notice to it by thirty (30) days written notice to the other as provided herein. 17. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten (10) days prior written n~tice to the other party hereto. 18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty-eight (48) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condenming authority. The parties will be entitled to share in the condemnation proceeds in proportion to the values of their respective interests in the Property, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis. 19. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property within forty-eight (48) hours of the casualty. If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the date of such damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. 20. BROKERS FEES. Landlord acknowledges and represents that no broker or other person was used by it in connection with this transaction. If any claims, actions or proceedings are brought against either party ("Indemnitee") by reason of any broker, finder or other person claiming to have dealt with the other party ("Indemnitor") in connection with this transaction and/or Premises, then the Indemnitor hereby agrees to indemnify, hold harmless and defend Indemnitee from and against all liabilities arising from such claims, and all reasonable costs and expenses incurred in connection herewith (including, without limitation, reasonable legal 10 Structure Lease 06-14-00 fees and disbursements). The provisions of this Paragraph will survive the termination of this Agreement. 21. WAIVER OF LANDLORD'S LIENS. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility will be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and Landlord hereby consents to Tenant's rig[tt to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. 22. INSURANCE. Tenant will carry during the Term, at its own cost and expense, the following insurance: (i) "All Risk" property insurance for its property's replacement cost; (ii) commercial general liability insurance with a minimum limit of liability of $2,500,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence; and (iii) Workers' Compensation Insurance as required by law. 23. MISCELLANEOUS. (a) Amendment / Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by an authorized agent of the Landlord and an authorized agent of the Tenant. No provision may be waived except in a writing signed by both parties. (b) Short Form Lease/MOL. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form Lease. Either party may record this memorandum or short form lease at any time, in its absolute discretion. (c) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property, and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (d) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and supersedes all prior offers, negotiations and agreements. (e) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. 11 Structure Lease 06-14-00 (f) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement ~md are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable; and (vi) reference to a default will take into consideration any applicable notice, grace and cure periods. (g) Estoppel. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge, and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any; and (ii) acknowledging that there are not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Failure to deliver such a statement within such time will be conclusive upon the requesting party that (i) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting party; (ii) there are no uncured defaults in either party's performance; and (iii) no more than one month's Rent has been paid in advance. (h) No Option. The submission of this Agreement for examination or consideration does not constitute a reservation of or option for the Premises. This Agreement will become effective as an Agreement only upon the legal execution, acknowledgment and delivery hereof by Landlord and Tenant. (i) Taxes. AT&T Wireless shall be responsible for paying all personal property taxes assessed directly upon AT&T Wireless communications facilities located on the Leased Property. Landlord shall be responsible for paying all personal property taxes assessed directly upon any improvements owned by Landlord and located on Landlord's property. Landlord shall also be responsible for paying 12 Structure Lease 06-14-00 all real property taxes assessed directly upon the Landlord's Property including, without limitation, the Leased Property, provided however, if any portion of AT&T Wireless communications facilities is assessed as real property rather than as personal property, AT&T Wireless shall be responsible for paying to Landlord, within thirty (30) days of AT&T Wireless receipt of written notice thereof, the portion of the real estate taxes attributable to AT&T Wireless communications facilities, and Landlord shall ~pay such taxes to the appropriate governmental authorities upon receipt of such funds from AT&T Wireless. O) Compliance with Governmental Laws. Landlord represents, warrants and agrees that throughout the term of this Lease Agreement, as may be extended, the Landlord's Property including without limitation, the Leased Property and all improvements thereon other than improvements owned by AT&T Wireless or its sublessees and/or licensees, shall be in compliance with all laws, codes, and regulations of all federal, state and local governmental or quasi-governmental authorities (collectively, "Governmental Laws"). Subject to Landlord's compliance with the terms of this paragraph. AT&T Wireless agrees that any improvements constructed on the Leased Property by AT&T Wireless and/or its sublessees and/or licensees and the operation of the communications facilities of AT&T Wireless and/or its sublessees and/or licensees on the Leased Property shall be in compliance with all Governmental Laws. (k) Radon Gas. In accordance with Florida law, the following notice is hereby given to Tenant: "RADON GAS": RADON IS NATURALLY OCCURING RADIOACTIVE GAS THAT WHEN IIT HAS ACCUMULATED IN A BUIDLING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON GAS THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY HEALTH DEPARTMENT." (I) Notwithstanding the foregoing, even if otherwis, e expressly stated elsewhere in this Lease Agreement, Tenant recognizes and acknowledges that Landlord has entered into that certain Lease dated November 2, 2000 with Verizon Wireless ("Verizon Lease)" and 13 Structure Lease 06-14-00 acknowledges that all of Tenants rights are subject to the rights of Landlord and Verizon under the current terms of the Verizon Lease. 14 Structure Lease 06-14-00 IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed with an effective date of ,2001. WITNESSES: Print Name: Print Name: "LANDLORD" THE CITY OF DELRAY BEACH, a municipal corporation in the County of Palm Beach and Slate of Florida By: Print Name: David W. Schmidt Its: Mayor Federal Tax ID//: .. exempt Appro~s to form and By: (~c4//"~ y ' - City Attorney "TENANT" Print Name: ~e~-~ Print Na~ae: AT&T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation By: Michael J. Jul~ '(~ Its: System Development Manager [ACKNOWLEDGMENTS ON NEXT PAGE] 15 Structure Lease 06-14-00 TENANT STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~:B day of '~7~o-,2~- ,2001, by Michael J. Julian, System Development Manager of AT&T WIRELESS SERVICES OF FLORIDA, INC.~.a~t~ida corporation), d/b/a AT&T WIRELESS, on behalf of the corporation, (")~who is personally known OR ( ) who has produced as identification. Notary P~l!c Print Name:~ I C~~-- .. My Commission Expires:. '41 ~,,;~,,,. Br rte Johnson ~"~v-",~j,'.,.._ Commis~ion # DD 016460 LANDLORD STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , '2001, by David W. Schmidt, Mayor of THE CITY OF DELRAY BEACH, a municipal corporation in the County of Palm Beach and State of Florida [name of corporation, a municipal corporation on behalf of the corporation, ( ) who is personally known OR ( ) who has produced as identification. Notary Public Print Name: My Commission Expires: 16 Structure Lease 06-14-00 EXRIRIT 1 DESCRIPTION OF PROPERTY to the Agreement dated ,2001, by and between THE CITY OF DELRAY BEACH, a municipal corporation in the County of Palm Beach and State of Florida, as Landlord, and AT&T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b/a AT&T WIRELESS, as Tenant. The Property is described and/or depicted as follows: DESCRIPTION OF PARENT TRACT (AS SUPPUED BY' CU£NT) LOTS 1 THRU 49, INCLUSIVE, BLOCK 37, RE-SUBDIVISION OF BLOCKS 29 & 37, DELEAY BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 66 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE RiGHT-OF-WAY FOR STATE ROAD 806 (WEST ATLANTIC AVENUE) AS SHOWN IN ROAD PLAT BOOK .3 AT PAGE 30 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDa. ~ote: l. If the foregoing description is not a metes and bounds legal description, the parties agree to replace the foregoing description with a metes and bounds legal description of the Property upon receipt thereof. Sb'ucture Lease 06-14-00 EXtHBIT 2 DESCRIPTION OF PREMISES Page 1 of . to the Agreement dated ..... ,2001, by and THE CITY OF DELRAY BEACH, a municipal corporation in the County of Palm Beach and State of Florida, as Landlord, and AT&T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b/a AT&T WIRELESS, as Tenant. The Premises are described and/or depicted as follows: DESCRIPTION OF ATrWS LEASE PARCEL A PARCEL OF LAND BEING A PORTION OF BLOCK 37, RE-SUBDMSION OF BLOCKS 29 & 37, DEL_RAY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 66 OF THE PUBMC RECORDS OF PALM BEACH COUN3Y, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK .37; PROCEED NORTH O(:TO'O0" EAST ALONG THE EAST RIGHT--OF-WAY LINE OF SOUTHWEST 4TH. AVENUE AND THE WEST PROPERTY MNE OF BLOCK 37, A DISTANCE OF 324.85 FEET; THENCE NORTH 89'59'17" EAST A DISTANCE OF 112.33 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'59'17" EAST, 27.50 FEET TO THE WEST EDGE OF AN EXISTING BUILDING WALL; THENCE SOUTH 00'00'43" EAST ALONG SAID BUILDING WALL, 20.00 FEET; THENCE SOUTH 89'59'17" WEST, 27.50 FEET TO THE EDGE OF AN EXISTING CONCRETE WALK; THENCE NORTH 00' 00'43" WEST ALONG SAID EDGE OF WALR, 20.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 550.0 SQUARE FEET (0.01,3' ACRES) MORE OR LESS. Notes: 1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant. 2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fu-e deparmaen[s. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and mounting positrons may vary from what is shown above. Structure Lease 06-14-00 · H:~.Celldt.e'~BECHTEL~O4434732~Zoning~Drc.dwg, 05/08/01 02:10:41 PM, KMS O ~H ~H ATTACHMENT 1 MEMORANDUM OF LEASE [FOLLOWS ON NEXT PAGE] 1 Structure Lease 06-14-00 prepared by: Don Haskell, Site Acquisition Specialist 02 Wireless Solutions 2456 Tradewinds Drive Dunedin, FL 34698 Return to: AT&T Wireless Services Attn: Legal Department 11760 North U.S. Highway 1 West Tower North Palm Beach, Fl 33408 Cell Site No.: WP-95 State: Florida .-- County: Palm Beach MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this ~ day of ,2001, by and between THE CITY OF DELRAY BEACH, a municipal corporation in the County of Palm Beach and State of Florida having a mailing address of 100 NW First Ave., Delray Beach, FL 33444 (hereinafter referred to as "Landlord") and AT&T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b/a AT&T WIRELESS, with an office at 11760 North U.S. Highway One, West Tower, North Palm Beach, FL 33408 (hereinafter referred to as "Tenant"). Landlord and Tenant entered into a certain Lease Agreement ("Agreement") on the ~ day of ,2001, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing are set forth in the Agreement. The term of the Agreement is for an Initial Term of five (5) years commencing on the date that Tenant commences construction and ending on the last day of the month in which the fifth (5th) anniversary of the Commencement Date occurs, with five (5) successive five (5) year options to renew. 2 Structure Lease 06-14-00 The land which is the subject of the Agreement is described in Exhibit 1 annexed hereto. The portion of the land being leased to Tenant (the "Premises") is described in Exhibit 2 annexed hereto. 4. The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Lease. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. WITNESSES: Prim Name: Print Name: WITNESSES: Print Name: (--~~ ~-'~, c.. co ~ "LANDLORD" THE CITY OF DELRAY BEACH, a municipal corporation in the County of Palm Beach an~i' State of Florida Print Name: David W. Schmidt Its: Mayor Federal Tax ID//: exempt Approved as to form and "TENANT" AT&T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation By: Its: System Development Manager [ACKNOWLEDGEMENTS ON NEXT PAGE] 3 Structure Lease 06-14-00 TENANT STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this o~"dt~ay of ~a.~ ,2001, by Michael J. Julian, System Development Manager of AT&T WIRELESS SERVICES OF FLORIDA, INC. fa4q~rida corporation), d/b/a AT&T WIRELESS, on behalf of the corporation, ~)~ho is personally known OR ( ) who has produced as identification. No~tary l~bli_c Print Name~CI 44 .,,,,t,t,, Brigitte Johnson [;~o~ Com~ssion # DD O16460 LANDLORD STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2001, by David W. Schmidt, Mayor of THE cI;rY OF DELRAY BEACH, a municipal corporation in the County of Palm Beach and State of Florida [name of corporation, a municipal corporation on behalf of the corporation, ( ) who is personally known OR ( ) who has produced as identification. Notary Public Print Name: My Commission Expires: 4 Structure Lease 06-14-00 EXHIBIT 1 DESCRIPTION OF PROPERTY to the Agreement dated ,2001, by and between THE CITY OF DELRAY BEACH, a municipal corporation in the County of Palm Beach and State of Florida, as Landlord, and AT&T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b/a AT&T WIRELESS, as Tenant. The Property is described and/or depicted as follows: DESCRIPTION OF PARENT TRACT (AS SUPPUED BY CUENT) LO-TS I THRU 49, INCLUSIVE, BLOCK 37, RE-SUBDIVISION OF BLOCKS 29 &: 37, DELRAY BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 66 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA, "LESS THE RIGHT-OF-WAY FOR STATE ROAD 806 (WEST ATLANTIC AVENUE) AS SHOWN IN ROAD PLAT BOOK 3 AT PAGE 30 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Note: 1. If the foregoing description is not a metes and bounds legal description, the parties agree to replace the foregoing description with a metes and bounds legal description of the Property upon receipt thereof. Structure Lease 06-14-00 E~ 2 DESCRIPTION OF PREMISES Page 1 of to the Agreement dated ,2001, by and THE CITY OF DELRAY BEACH, a municipal corporation in the County of Palm Beach and State of Florida, as Landlord, and AT&T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b/a AT&T WIRELESS, as Tenant. . The Premises are described and/or depicted as follows: DESCRIPTION OF ATTWS LEASE PARCEL A PARCEL OF LAND BEING A PORTION OF BLOCK 37, RE-SUBDMSION OF BLOCKS 29 &: 37, DEl_RAY, FLORIDA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 66 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 37; PROCEED NORTH 0(70'00" EAST ALONG THE EAST RIGHT--OF-WAY LINE OF SOUTHWEST 4TH. AVENUE AND THE WEST PROPERTY UNE OF BLOCK 37, A DISTANCE OF 324.85 FEET; THENCE NORTH 89'59'17" EAST A DISTANCE OF 112.33 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'59'17" EAST, 27.50 FEET TO THE WEST EDGE OF AN EXISTING BUILDING WALL; THENCE SOUTH 00'00'43" EAST ALONG SAID BUILDING WALL, 20.00 FEET; THENCE SOUTH 89'59'17" WEST, 27.50 FEET TO THE EDGE OF AN EXISTING CONCRETE WALK; THENCE NORTH 00'... 00'43" WEST ALONG SAID EDGE'DF WALK, 20.00 FEET TO THE POINT OF BEGINNIN(~. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 550.0 SQUARE FEET (0.013' ACRES) MORE OR LESS. 1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant. 2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and mounting positions may vary from what is shown above. Sa'ucture Lease 06-14-00 ' ' H:~Cells'ite'~BE, CHTEL~O4434732~Zonlng~Drc. dwg, 05/08/01 02'10:41 PM, KM8 H 0 O~ (Rev. December 1996) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do NOT send to the IRS. Name 0f a joint account or you changed your name, see Specific Instructions on page 2 ) Business if d~fferent from above (See Specific Instructions 2 name, on page ) Check appropriate box [] Individual/Sole propnetor [] Corporat,on [] Partnership Address (number, street, and apt or suite no ) ,/City, state, and ZIP code ~l~"Till Taxpayer Identification Number (TIN) [] Other ~' ........................... Requester's name and address (optional) Enter your TIN in the appropriate box For individuals, this is your social secudty number I Social security number (SSN). However, if you are a resident alien OR a sole proprietor, see the instruction on page 2. I I I + I + I I I For other entities, it is your employer OR ~denbfication number (EIN). If you do not have a number, see How To Get a TIN on page 2. I Employer Identification number Note: If the account is in more than one name, see ,he ch. on .ge 2 ,or gu, e/,nes on whose I + I I I I I I number to enter. ~ Certification L~st account number(s) here (optional) /~' For Payees Exempt From Backup Withholding (See the instructions on page 2 ) Under penalties of perjury, I cerbfy that: · 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Reverl'ae Service (IRS) that I am subject to backup withholding as a result of a'failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. Certification Instructions. - You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2. Does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 2.) Sign I Here Signature · Date · Purpose of Form.--A pemon who is required to file an information return with the IRS must get your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 to give your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are an exempt payee Note: Ifa requester glves you a form other than a W-9 to request your TIN, you must use the requesters form if it is substantially similar to this Form What is Backup Withholding?--Persons making certain payments to you must withhold and pay to the IRS 31% of such payments under certain renditions. This is called "backup withholding ~ Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalbes, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. If you give the requester your correct TIN, make the proper cerbfications, and report all your taxable interest and dividends on your tax return, payments you receive will not be subject to backup withholding. Payments you receive will be subject to backup withholding if. 1. You do not furnish your TIN to the requester, or 2. The IRS tells the requester that you furnished an incorrect TIN, or 3. The IRS tells you that you are subject to backup withholding because you did not report all your interest and d~vidends on your tax return (for reportable interest and d~wdends only), or 4. You do not certify to the requester that you are not subject to backup withholding under 3 above (for reportable interest and dividend accounts opened after 1983 only), or 5. You do not certify your TIN when required. See the Part III instructions on page 2 for details. Certain payees and payments are exempt from backup withholding. See the Part II instructions and the separate Instructions for the Requester of Form Penalties Failure To Furnish TIN.--If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect Civil Penalty for False Information With Respect to Withholding.--If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for Falsifying information.--Wdlfully falsifying certificabons or affirmations may subject you to criminal penalties including fines and/or imprisonment Misuse of TINs.--If the requester discloses or uses TINs in violation of Federal law, the requester may be subject to civil and criminal penalties. Cat. No 10231X Form W-9 (Rev. 12-96) Stz-ucturc [.,ease 06-14-00 Form W-9 (Rev 12-9§) Page 2 Specific Instructions Name.--If you are an individual, you must generally enter the name shown on your social security card. However, if you have changed your last name, for instance, due to marriage, without informing the Social Security Admmist. ration of the name change, enter your first name, the last name shown on your social security card, and your new last name If the account is in joint names, hst first and then circle the name of the person or entity whose number you enter in Part I of the form. Sole Proprietor.--You must enter your individual name as shown on your social security card. You may enter your business, trade, or "doing business as" name on the business name line. Other Entit/es.--Enter the business name as shown on required Federal tax documents. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or Udoing business as" name on the business name line. Part I--Taxpayer Identification Number (TIN) You must enter your TIN in the appropriate box. If you are a resident allen and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box If you do not have an ITIN, see How To Get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, using your EIN may result in unnecessary notices to the requester. Note: See the chart on this page for further clarification of name and TIN combinations How To Get a TIN.--If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5 from your local Social Security Administration office. Get Form W-7 to apply for an ITIN or Form SS.4 to apply for an EIN. You can get Forms W-7 and SS-4 from the IRS by calling 1-800-TAX-FORM (1- 800-829-3676). If you do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, you w~ll generally have 60 days to get a TiN and give it to the requester. Other payments are subject to backup withholding Note: Writing UApplied For"means that you have already applied for a TIN OR that you intend to apply for one soon. Part II--For Payees Exempt From Backup Withholding Individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and d~vidends. For more information about exempt payees, see the separate instructions for the Requester of Form W-9. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. Enter your correct TIN in Part I, write "Exempt" in Part Il, and sign and date the form. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester a completed Form W-8, Certificate of Foreign Status. Part II--Certification For a joint account, only the person whose TIN is shown in part I should sign (when required). 1. Interest, Dividend, and Barter Exchang'~'Accounts Opened Before 1984 and Broker Accounts Considered Active During 1983. You must give your correct TIN but you do not have to sign the certification. 2. Interest, Dividend, and Barter Exchange Accounts Opened After 1983 and Broker Accounts Considered Inactive During 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out ~tem 2 in the certification before signing the form. 3. Real Estate Transactions. You must sign the certd~,cat~on You may cross out item 2 of the certification. 4. Other Payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other Payments" include payments made in the course of the requester~s trade or business for rents, royalbes, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services (~ncluding attorney and accounting fees), and payments to certain fishing boat crew members. 5. Mortgage Interest Paid by You, Acquisition or Abandonment of Secured property, Cancellation of Debt, or IRA Contributions. You must give your correct TiN, but you do not have to sign the certification Privacy Act Notice Secbon 6109 of the Internal Revenue Code requires you to give your correct TIN to persons who must file information returns with the IRS to report interest, d~vidends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this ~nformation to the Depadment of Justice for civil and criminal litigation and to cities, states, and the Distr~ct of Columbia to carry out their tax laws. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 31% of taxable interest, dividend, and cedain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. What Name and Number To Give the Requester For this type of account: 1. Ind~vidual The ind~vidual 2. Two or moro The actual owner of the individuals (Ioint account or, mf combined account) funds, the first individual on the account~ 3. Custodian account of The minor= a minor (Uniform G~ft to M~nors Act) 4. a. The usual The grontortrustee* revocable savings trust (grantor is also trustee) b So-called trust The actual owner~ account that ~s not a legal or vahd trust under state law 5. Sole proprietorship The owner= For this type of account. Give name and EIN of: 6. Sole propnetorship The owner= 7. A vahd trust, estate, or Legal ent~4 pension trust B. Corporate The corporation 9. Association. club. The organlzahon rehgious, chantable, educational, or other tax-exempt organizabon 10. Partnership The partnership 11. A broker or registerod The broker or nominee nominee 12. Account w~th the The public entity Department of Agriculturo m 'the name of a public entity (such as a state or local government, school d~strict, or pnson) that roceives agricultural prugrom payments ~L~st first and c~rcle the name, [ the person whose numberyou furnish If only on person on a joint account has an SSN. that person's number must be furnished 2C~rcle the minor's name and furnish the minor's SSN =You must show your individual name. but you may also enter your bus~ness or"doing business as" name You may use e~ther your SSN or EIN (if you have one) 4List first and c~mle the name of the legal trust, estate, or pensmn trust (Do not furnish the TIN of the personal representative or trustee unless the legal entity ~tself ~s not designated m the account titte ) Note: If no name is circ/edwhen more than one name is Imsted, the number will be considerod to be that of the first name Imsted Give name and SSN of: [IT'F DF DELRrI¥ BEg[IR DELRAY BEACH ~ 100 N W. 1st AVENUE DELRAY [lEACH. FLORIDA 33444 993 TO: David T. Harden City Manager FROM: ~ Robert A. Bareinski ,/ Assistant City Manager DATE: May 30, 2001 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 5, 2001 SPECIAL EVENT REQUEST - JOIN HANDS DAY FESTIVAL ACTION City Commission is requested to consider approval of the First Join Hands Day Festival sponsored by the Toussaint L'Ouvermre High School for Arts and Social Justice , the Joint Venture and the Osceola Park Homeowners Association to be held on Saturday, June 16, 2001 from 11:00 a.m. to 6:00 p.m. at Currie Commons Park. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6 (H) for the use of the park, to provide staff support for security, stage set up, and trash removal and clean up, and to waive all overtime costs. BA CKGR 0 UND Aitached is a request received from Mr. Bernadel. Chairman of the Join Hands Day Committee to approve the event, use of the park and City staff support for the event as listed. The estimated overtime for this event is approximately $760. This is a new event and would exceed the fifty (50) event limit set by City Commission. Attached is a copy of the event budget and a description of the event. RECOMMENDATION Staff recommends considering approval of the event. Because it appears that this event would support one of our major five-year goals, Community Unity; the expected workload for City staff is relatively minor and the event is outside the downtown area, the Commission may wish to allow it as an exception to the 50-event limit. If the Commission decides to allow the event, staff recommends approving use of the park, providing staff support as requested and waiving overtime costs. RAB/tas Ftle:u:sweeney/agenda Doc:Join Hands Day ProJect and Festival 2001 561/243-7000 (~ Prmted on Recycled Paper THE EFFORT ALWAYS MATTERS Toussaint L'Ouverture High School for Arts and Social Justice May 14, 2001 MAY 1 6 2001 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1~ Avenue Delray Beach, FL 33444 RE: AGENDA ITEM - FOR CITY COMMISSION MEETING, SPECIAL EVENT REQUEST Dear Mr. Barcinski: The tbllowing request is submitted for the 1 st Annual Osceola Park "Join Hands Day Project and Festival." The Toussaint L'Ouverture High School for Arts and Social Justice in conjunction with the Downtown Joint Venture and the Osceola Park Neighborhood Association request that the City Commission endorse this special event, which will be held on Saturday, June 16, 2001. The projected activities of the day are as tbllows: 08:00-11:00 a.m. 11:00-11:30 a.m. 11:30-5:30 p.m. 5:30 - 6:00 p.m. Clean-up and trash removal in Osceola Park Awards presentation to volunteers and sponsors Festival at Currie Commons Park Clean-up of park We are requesting that the city of Delray Beach make the tbllowing available: a) b) c) d) e) Currie Commons Park in Osceola Park from 11:00 a.m. to 6:00 p.m. on Saturday, June 16, 2001. Large stage deck with cover City support tbr cleanup and trash removal from the park The Haitian Roving Patrol to act as a security detail for this event City support of this event with no charge to the Committee, as this is crucial to the success of this event. Your consideration and cooperation for this event is very much appreciated. Joseph- B. JOIN HANDS DAY Committee 777 E. Atlantic Ave; Suite Z, #153 Delray Beach, FL 33483 www. toussaintlouve rture.homestead.com TEL: (561 ) _43-3136 FAX: (561) 243-3878 E-Mail: tlfaasj~homestead.com Toussaint L'Ouverture High School for Arts and Social Justice BUDGET SUMMARY FOR "JOIN HANDS DAY" 16 June 2001 PROJECTED EXPENDITURES: Entertainment (2 musical bands) Musical instruments/outdoor package Transportation ( 1 van rental) Lunches for volunteers ~6.50 per person T-Shirts for Volunteers Mailings Advertising (Pfinffradio) Awards $ 750.00 $ 400.00 $100.00 $ 292.50 $ 300.00 $ 75.O0 $ 500.00 $150.00' Total Projected Expenditures $2,567.50 PROJECTED REVENUES: Space rentals ~25.00 per vendor Toussaint L'Ouverture High School Other Donors In-Kind $ 500.00 $1,000.00 $1,000.00 $ 67.50 Total Projected Revenues: ................$2.567.50 "JOIN HANDS DAY" is an annual nationwide celebration of the interaction between youth and the elderly for the purpose of community building. It is held on 16 June 2001. This year for the first time, Delray Beach will join in the National celebration. Young and old of Delray will meet in Osceola Park, participate in the neighborhood cleanup and enjoy a true community festival involving food, arts and entertainment. This is a thmily centered event and no alcohol products will be served, consumed or allowed during the festival. No street closing is anticipated or required. While the music will be amplified, noise level will be controlled so as not to become a nuisance to the community residents. This is intended to be a day-time event and will end promptly at 6:00 PM 777 E. Atlantic Ave; Suite Z, #153 Delray Beach, FL 33483 www. toussaintlouverture.homestead.com TEL: (561) 243-3136 FAX: (561) 243-3878 E-Mail: tlfaasj(~homestead.com In Northport, NY., residents and patients at the Veterans' Administration Medical Center enjoyed a Hawaiian Summer Ice Cream Blast with music, food and games. Volunteers put up a tent with Hawaiian-style decorations. The party was held courtesy of the Long Island District of Workmen's Benefit Fund (WBF),Veterans of Foreign Wars Post 5796, Veterans of Vietnam War Post 14, Sodal Relief Society and Boy Scout Troop 14. Albert M)odynia, WBF district director and commander of the VFW post that sponsors the Boy Scout Troop, explained,"l just used my c~rrent connections to tn~fld a group to do a JOIN HANDS DAY project." .... . - -~-:,-~,~ JOIN HANDS DAY is the national clay each year when young people and aclutts tackle a local problem right where ttney live. This is Ihe only day on the national calendar that targets and develops youth/adult relationships through neighborhood volunteering. A clay like no other On JOIN HANDS DAY, adults and young people work as equal partners to plan and carry out a projed together. These ex~riences help them break down stereotypes and discover the real truth about each other. JOIN HANDS DAY stimulates action and growth! It is more than a one-day hug. It is a way and a day to begin to develop understandings and relationships that will continue to grow over time. It helps restore trust and confidence across the generations while enhancing lives, neighborhoods and communities. JOIN HANDS DAY is not a day when adults do something to help youlh, nor is it a day when young people do something beneficial for adults. Rather, it is a time when people of all ages merge their strengths, ideas and ideals to build an age-integrated society. Age segregation drives us apart! Most of us know more about our favorite TV character than we do about people of other generations. That's because we live in an age-segregated society. Over the years, our generations grew apart. The problem emerged quietly and steadily as young people and adults developed differing preferences in work, movies, food, music and lifestyles. We came to understand more about people like us and very litlJe about everybody else. Youth + adults + volunteering with equal responsibilities: JOIN HANDS DAY project I JOI N~i~DAY I it starts with us America's Fraternal Benefit SocieUes rhe Poi.ts ~f Light Fou~latlee and the Whinteer ~ I~&tte~al Netw~k In Davenport, Iowa, the Central High School girls' softball team connected with RSVP (Retired Senior Volunteer Program) to refurbish the school softball complex. Coaches, parents and students came together to rebuild the warning trace paint the press box and dugouts, install security lights and trim bushes. One senior reported, 'This is the best time i've had all year." "Working with kids hl<e this changed my perspective a brc" reflected RSVP member Bob Miller. Softball player Ashley Mingin said,'~/olunteering is very important because you get to be with people of the communiby. And being with adults is fun. You learn a lot being with adult~' The event eva)red into the formation of Sports Grandparents, a new collaboration between Central High School and RSVP, something that would not have happened without JOIN HANDS DAY bdnging them together. Today, adults often see young people as lazy and irresponsible. Only one in six American adults say that young people and adults share most of the same moral and ethical values.* At the same time, young people often see adults as rigid, fearful of change, and as people who don't listen to them when they talk. Less than 20 percent of young people feel valued by adults.*' Where we live, however, is likely to be a diverse place -- a place where there are people of different ages, interests and backgrounds. In addition, almost every neighborhood has things and conditions that need repair or improvement-- problems people have been struggling with For a long lime. JOIN HANDS DAY is everyone's clay Anyone can start a JOIN HANDS DAY project. People in local community organizations and groups are usually the primary organizers. Froiemal chapters, Kiwanis, Future Business Leaders of America, veterans' organizations, FFA, scouts, church groups, businesses, chambers of commerce, government agencies, neighbodxxx~ associations and business and professional groups have all organized local JOIN HANDS DAY projects. The first slq0 in starting a JOIN HANDS DAY projed is for the members of one group to decide they want to do a projed. Slep Iwo is to find a cross-generational group that will serve as the partnering organization in pbnning and carrying out a project. This JOIN HANDS DAY Adion Guide provides yoJ wiih all the information needed to seled, plan and carry out a JOIN HANDS DAY proied. ~ sources of information are: · The web site at www. joinhanclsdcry, org -- Provides p oiect ideas, tools helping youth and adults wark tcgelhe'; lists projeds occurring in your area, resources for generating media coveacje, answers to questic~s and mom. 'White House Conference on Teenagers, May 2, 2000, quohng ~ remarks of Susan Nail Bales, president, Frameworks Inshtute. '*Search Institute Survey of Youth, sixth to 12~h graders, 1997 · l~e JOIN HANDS DAY Action ~-- ~ quickly !o all inquiries. at 1-877-OUR- 1 DAY. · Volunteer Centers -- Excdbnt r~ur~ ~or finding parlnering groups, proiect possibilities, media connediom and, on occasion, donors cE needed materials. To find the nearest Volunteer Center, call ~l-free at 1-800-VOLUNTEER, or access ~he w~o site at www.,,olunteerconnecfions.org. Benefits of JOIN HANDS DAY · Make imporlant decisions about problems af~ting your neighborhood and community. · Devdop leadership, communication and organization skills. · Do something beneficial for dhers. For adults · Learn howto work ~with oiler ~ in your community. · Gain satisfaction by addressing ~ and helping oihem · Improve your understanding of community resources and needs. · Discover Ihe best in yourself and in new friends. For organizations · Motivate both youlh and aduhs Io become mom active in your group. · Build relationships wilh olher organizations or busines__~es. · Become a positive and conslnx:tive force in your communily. · Get youlh and adults to wo& on your specific inlerest or muse. The JOIN HANDS DAY Excellence Awards add more exciting benefits to participation, including $~,ooo prizes to outstanding projects. See Module lo for more info~mation. I One mind can awaken another, Two can awaken their next door b,other, Throe can awaken the town, By turning the whole place upside down, Many awake can make such a fuss, That they finaITy awaken the rest ofu.~ 90% of people volunteer when asked. G/v/ng and Vo~unt~,,dng, Independent ~ 1999 i-]ce most freqtze,~t oversight m~e by JOIN HAh DS DAY planners is that the first 9~oup sele~s the pzoje~, an~ then fin~ a~other group to he)p t~em do it. Fi~ you~ pa~e~ g~o~p ~st ~ then sele~ t~e pm]e~ together. In Tucson, Adz., 20o volunteers came from the VoTunteer Center, Modem Woodmen ~ America (MWA) Camp n43o, Air Nationa] Guard and the San Ignacio neighborhood to improve the condition of Santa Rosa Mission. While Nadia Yucupido and Lorena Castaneda, both worked on the planning committee, they developed a youth/adult relationship with Fredefico Colmenero, who had been m~gdng sm~11 improvements on his own. 'That's how you get to be friends," said Yucupicicx "You ~ togethen you get to know the other person better:' The friendly spirit of the church members and extensive Mission maintenance needs motivated the Guard to adopt it as a senate project for one year. Eelationship-bugding cu,,U,,des with MWA members as the local camp holds monthly pizza parties in the ~?no ~tze the JOIN HANDS DAY spo~sor~? America's Fraternal Benefit ,,~xiefies are the creators and presenters of J(~N HANDS DAY. These 85 not-for-pro[it organiz~ons (listed on ~e inside front cover of the Action Guide folder) are a di~nctive, charitable force of mom than 10 million people from various e~hnic, religious and vocc~ional backgrounds. For nearly 1,50 years, f,~{,:~l ~ ~ie~e~ ~e ~ helping their members achieve financial security through insurance ond retirement products, combined with an ombitious volunt~' service program for indMduols, communities and the nation. Fratemals provide millions of dollors in educational support each year for students and ~ schods ~ ~. ~ ~ratemals maintoin ond support humonitorian, social and service ogencies, as w,dl as a broad range of ~t causes. In 1999, Ihese ~m~~ societies contribuled more tfx:~n 78 million hours of volunteer time toward cornmunity service projects. These org~nizc~ons am rnernbers of ~ Nc~cx~al Frai~'nal Congress of America, the association of America's Fralernal Benefit Socie6es. The Points of Ught Foundation is a suM0on~ partner in Ihe ~t of JOIN HANDS DAY. The Foundation supFx:~ millions of volunteers m who are helping to solve some of our country's serious social problems -- in thousands of communities by providing rational volunteer leadership; raising public awareness; building knowJec~, skills and programs for ,,~olunl~ers to succeed; and providing the local ddiv~y sysl~'ns to n~l~, ~untee.. P O I N T S n,. vomu,,,..r c.,,.,..,~..,I .e,,,o,.k in~ude, ~ L IC, H T more than 450 Vdunl~er Centers in cornmun/lies throughout the ~&FOUN DATION Volunteer Center United Stoles. Volunteer Cenl~rs mobilize people and resources Nat)ona~ Network, to ddiver ~ solu~ons to community problems. NATIONAL FRATERNAL CONGRESS OF AMERICA JOINING HANDS TO TOUCH LIVES JOIN HANDS DAY Addo~ Center RO Sox 32~3, NaFerville, IL 6o566-72',3 Phone: ~-877-OU R-~ DA"( F~x: 6]o-548-2o95 eM, afl: actioncenter@joinhandsday, org vwvwjoinhandsday, org JOIN~]~DAY it starts with us Amerfca's Fraternal Benefit Sodetles ~he I~lnts ~f Light Fmm4al~. N&t~o11~l ~ Toussaint L'Ouverture High School for Arts and Social Justice May 14, 2001 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. Ia Avenue Delray Beach, FL 33444 RE: LIABILITY INSURANCE - OSCEOLA PARK "JOIN HANDS DAY PROJECT AND FESTIVAL" (16 June, 2001) Dear Mr. Barcinski: Should the City of Delray Beach endorse the Join Hands Day Project ~md Festival, the Special Event Committee will obtain adequate Liability Insurance from Plastridge Insurance. The committee will also sign a Hold Harmless agreement releasing the City of Delray Beach, its agents and employees for all suits, actions, and claims arising fi-om this event. The festival will be held on Saturday, June 16, 2001 from 8:00 a.m. to 6:00 p.m., and the clean-up detail will be conducted in the Osceola Park section of Delray Beach. Sincerely, fl \ . JOIN HAND~ DAY Committee 777 E. Atlantic Ave: Suite Z, #153 Delray Beach, FL 33483 www.toussaintlouvertu re.homestead.com TEL: (561) 243-3136 FAX: (561) 243-3878 E-Mail: tlfaasj~homestead.com Toussaint L'Ouverture High School for Arts and Social Justice May 14, 2001 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1~t Avenue Delray Beach, FL 33444 RE: WAIVER NOISE ORDINANCE - OSCEOLA PARK "JOIN HANDS DAY PROJECT AND FESTIVAL" (16 June, 2001) Dear Mr. Barcinski: The Join Hands Day Project Committee, Downtown Joim Venture, and Osceola Park Neighborhood Association are requesting a waiver of the noise ordinance for the First Annual Join Hands Day activities in the Osceola Park section of Delray Beach. The event will be held on Saturday, June 16, 2001 from 8:00 a.m. to 6:00 p.m. at Currie Commons Park. ~Sincerely, Be~ 777 E. Atlantic Ave; Suite Z, #153 Delray Beach, FL 33483 www.toussaintlouve rture.homestead.com TEL: (561) 243-3136 FAX: (561) 243-3878 E-Mail: tlfaasj(~ homestead.com Toussaint L'Ouverture High School for Arts and Social Justice May 30, 2001 Dear Community Member: You are invited to take part in ",TOIN HAND5 bAY" on Saturday, .Tune 16, 2001, in Osceola Park, in belray Beach. If you would like to join our volunteer please call .Toe Bernadel at (561) 243-3:136. The meeting place for all volunteers will be in front of Representative Ann ~annon's office at intersection of 3~ Ave. and 2"d 5treat at 8:00 a.m., on ,Saturday, ,Tune 16, 2001. Help your community and have some fun at the same time. After the clean up, join members of your community for an alcohol-free day of family fun, food, entertainment, and music at the Currie Commons Park in Osceola Park. Look forward to seeing you there! 777 E. Atlantic Ave; Suite Z, #153 Delray Beach, FL 33483 www.toussaintlouverture.homestead.com TEL: (561) 243-3136 FAX: (561) 243-3878 E-Mail: tlfaasj .~homestead.com Toussaint L'Ouverture High School for Arts and Social Justice May 14, 2001 HAY 1 6 2001 CiTY I',/tANAG ER Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1~t Avenue Delray Beach, FL 33444 RE: AGENDA ITEM - FOR CITY COMMISSION MEETING, SPECIAL EVENT REQUEST Dear Mr. Barcinski: The following request is submitted for the 1 st Annual Osceola Park "Join Hands Day Project and Festival." The Toussaint L'Ouverture High School for Arts and Social Justice in conjunction with the Downtown Joint Venture and the Osceola Park Neighborhood Association request that the City Commission endorse this special event, which will be held on Saturday, June 16, 2001. The projected activities of the day are as tbllows: 08:00-11:00 a.m. 11:00-11:30 a.m. 11:30-5:30 p.m. 5:30 - 6:00 p.m. Clean-up and trash removal in Osceola Park Awards presentation to volunteers and sponsors Festival at Currie Commons Park Clean-up of park We are requesting that the city of Delray Beach make the following available: b) c) d) e) Currie Commons Park in Osceola Park from 11:00 a.m. to 6:00 p.m. on Saturday, June 16, 2001. Large stage deck with cover City support for cleanup and trash removal from the park The Haitian Roving Patrol to act as a security detail for this event City support of this event with no charge to the Committee, as this is crucial to the success of this event. Your consideration and cooperation for this event is very much appreciated. j~os~ Sincerely' ~ JOIN HAND~; DAY Committee 777 E. Atlantic Ave; Suite Z, #153 TEL: (561) 243-3136 Delray Beach, FL 33483 FAX: (561) 243-3878 www.tougsaintlouverture.homestead.com E-Mail: tlfaasj~homestead.com Toussaint L'Ouverture High School for Arts and Social Justice BUDGET SUMMARY FOR "JOIN HANDS DAY" 16 June 2001 PROJECTED EXPENDITURES: Entertainment (2 musical bands) Musical instruments/outdoor package Transportation ( 1 van rental) Lunches for volunteers ~6.50 per person T-Shirts for Volunteers Mailings Advertising (Print/radio) Awards $ 750.00 $ 40O.00 $100.00 $ 292.50 $ 3OO.OO $ 75.00 $ 500.00 $150.00 Total Projected Expenditures ............ $2,567.50 PROJECTED REVENUES: Space rentals (~25.00 per vendor Toussaint L'Ouverture High School Other Donors In-Kind $ 500.00 $1,000.00 $1,000.00 $ 67.50 Total Projected Revenues: ................ $2.567.50 "JOIN HANDS DAY'' is an annual nationwide celebration of the interaction between youth and the elderly for the purpose of community building. It is held on 16 June 2001. This year for the first time, Delray Beach will join in the National celebration. Young and old of Delray will meet in Osceola Park, participate in the neighborhood cleanup and enjoy a true community tbstival involving food, arts and entertainment. This is a thmily centered event and no alcohol products will be served, consumed or allowed during the festival. No street closing is anticipated or required. While the music will be amplified, noise level will be controlled so as not to become a nuisance to the community residents. This is intended to be a day-time event and will end promptly at 6:00 PM 777 E. Atlantic Ave; Suite Z, #15 3 Delray Beach, FL 33483 www.toussaintlouvert ure.homestead.com TEL: (561) 243-3136 FAX: (561) 243-3878 E-Mail: tlfaasj~homestead.com JOIN HANDS DAY is the national day each year when young people and adults tackle a local p-rob!em right where they live. This is the only day on the national calendar that targets and develops youth/adult reJalionships through neighborhood volunteering. In Northport, NY., residents and patients at the Veterans' Administration Medical Center enjoyed a Hawaiian Summer Ice Cream Blast with rnusic, food and games. Volunteers put up a tent with Hawaiian-style decorations. The party was held courtesy of the Long Island District of Workmen's Benefit Fund (WBF),Veterans of Foreign Wars Post 5796, Veterans of Vietnam War Post 14, Social Relief Society and Boy Scout Troop Albert Mledynia, WBF district directo~ and commander of the VFVV post that spansors the Boy Scout Troop, explained,"l jusl used my cun~nt connections to build a gn~up to do a JOIN HANDS DAY l:moject;' A day like no other On JOIN HANDS DAY, adults and young people work os equol partners to plon and carry out o projed together. These experiences heJp them breok down sfereoh/pes and discover the reol truth about eoch other. JOIN HANDS DAY stimulates action and growth! It is more than a one-day hug. It is a way and a day to begin to develop understandings and relationships that will continue to grow over time. It helps restore trust and confidence across the generations while enhancing lives, neighborhoods and communities. JOIN HANDS DAY is not a day when adults do something to help youth, nor is it a day when young people do something beneficial for adults. Rather, it is a time when people of all ages merge their strengths, ideas and ideals to build an age-integrated society. Age segregatio~ drives us apart! Most of us know more about our favodte TV character than we do about paopJe of other generations. Thal~s because we live in an age-segregated society. Over the years, our generations grew apart. The problem emerged quielJy and steadily as young people and adults developed differing preferences in work, movies, food, music and lifestyles. We came to understand more about people like us and very litlie about everylx:dy else. Youth + adults + volunteering with equal Tesponsibilities = JOIN HANDS DAY project it starts with us America's Fraternal Benefit Sodeties The P~nts c~r t~ht Fc~n4Lith~ and th~ Vol~nte~ ~ The JOIN HANDS DAY Action Center -- Responds quickly to all inquiries. Send an email to actioncente~Djoinhandsday, org, or call the Action Line toll-free at 1-877-0UR-1 DAY. · Volunteer Centers -- Excellent resources for finding partnering groups, project possibilities, media connections and, on occasion, donors of needed materials. To find the nearest Volunteer Center, call toll-free at 1-800-VOLUNTEER, or access tt',e w~b site at www. vdunteerconnections.org. Benefits of JOIN HANDS DAY For young people · Make important decisions about prcblems affecting your neighborflcx:xJ and community. · Develop leadership, communication and organization skills. · Do something be~ficial for cd'~'s. · Be respeded for what you knc~, and do. For adults · Leom how to work effecl~ with olher peopJe in your community. · Gain safis[c~tion by addressing problems and helping olhers. · Improve your understanding of community resources and needs. · Discover Ihe best in yourself and in new friends. For organizations · Motivate bolh youlh and aduhs to become more active in your group. · Build relationships wilh other organizations or businesses. · Become a positive and conslructive force in your communily. · Get youth and adul~ to work on your specific inl~st or cause. The JOIN HANDS DAY Excellence Awards add more exciting benefits to participation, including Sl,ooo prizes to outstanding projects. See Module lo for more information. One mind can awaken another, Two can awaken their next door b~other, Three can awaken the tow~, By turning the whole place upside down, Many awake can make such a fuss, That they rma]ly awaken the rest of us, -- He/en Kromer 90% of people volunteer when asked. -- GMng and Volunteer/ng, Independent Sector, 1999 ,~ne most ffeque?t oversight made by JOIN HANDS DAY planners is that the first group selects the p~oject, and then finds another g~'oup to help them do FMd your partner group first -- then select the proiect together. In Tucson, Adz., 2oo volunteers came from the Volunteer Center, Modern Woodmen of America (MWA) Camp ~143o, Air National Guard and the San Ignado neighborhood to improve the condition of Santa Rosa Mission. While Nadia Yucupido and Lorena Castaned~ both worked on the planning committee, they developed a youth/adult relationship with Frederico Colmenero, who had been making small improvements on his own. 'That's how you get to be friends," said Yucupido. work together; you get to know the other person better:' The friendly spirit of the church members and extensive Mission maintenance needs motivated the Guard to adopt it as a service project for one year. Relationship-building Cunth,ues with MWA members as the local camp holds monthhy pizza parties in the corrlnlunit~ W~no ,~'e the JOIN ,,,~ r~- !.f~ HA ~;.,5 DAYsponso . ~c~s F~I ~ ~i~ are ~e c~ and p~ of ~N ~DS DAY. ~ 85 ~-~fit ~niz~ms (lis~ on ~e insi~ ~t ~ o~ ~ ~ ~i~ ~) am a dis~, cha~b~ ~rce o~ ~m ~n 10 million ~e ~ ~s ~nic, ~igi~s a~ ~J ~kgr~nds. For n~ 1~ ~, ~-o~al ~efit ~ie~m h~ ~ h~ping ~eir m~ ~hi~ financial ~u~ ~h insum~e and ~t p~, c~bi~ ~ an ambi~s ~lun~r ~ce pr~ram ~r i~d~ls, ~muni~m and ~e n~on. Fr~ls p~ millims of ~b~ in ~mal ~ ~h ~r ~ s~ a~ ~ ~s ~ ~. ~ ~-o~ls ~in~in o~ ~ humoni~on, ~iol o~ ~ce ~i~, as ~m as a b~ m~ of ~t ~u~. In 1 ~, ~ ~~ ~i~m cm~ ~ ~n 78 millim ~ of ~un~ ~ ~ c~muni~ ~Mce p~j~. ~ ~niz~ms am ~OI~IN~ ~ANDS ~ of ~ ~1 Fro~l ~ ~ ~, ~ TO TOUC~ UV~S a~i~m of ~ca's F~I ~t ~i~m. ~ ~i~ ~ ~g~ ~un~on is a ~ ~ in ~ ~t of ~N ~DS DA~ ~ ~m ~ millims of ~un~ -- ~ am ~ ~ ~ ~ of ~r c~n~s ~s ~ial p~s -- in ~s of ~muni~m ~ ~i~ ~1 ~,~ ~p; ~isi~ ~Bic ~~; ~i~i~ ~~, skills a~ ~ms b ~lun~ ~ ~c~; a~ p~di~ ~ ~al ~ ~s P O I N T S L IG H T FOUNDATION ~ ~n ~ Vdun~ Cm~ in ~muni~ ~~ fie ~ ~. Volunteer Cen~er Uni~ S~. Vdun~ C~ ~ili~ ~le a~ ~rcm N~ion~ Ne~ork ~ ~ C~ ~mS ~ c~muni~ ~s. NATIONAL FRATERNAL CONGRESS OF AMERICA JOl N HANDS DAY Ac.~on Center .P.O Sox :~213, NaFervq]le, tL oo.~oo-7l:3 Phone: ~-877-OU R-~DAY Fax: 6Bo-548-2o95 e,M, afi: actioncenter@joinhandsday, org wwvv.joinhan dsday, org JOIN ~z~r~I]~DAY it starts with us America's Fraternal Benefit Societies The Points of L~ht ~ &ncL the Volumeet ~ NaU~a] Net~m~ Toussaint L'Ouverture High School for Arts and Social Justice May 14, 2001 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1~ Avenue Delray Beach, FL 33444 RE: LIABILITY INSURANCE - OSCEOLA PARK "JOIN HANDS DAY PROJECT AND FESTIVAL" (16 June, 2001) Dear Mr. Barcinski: Should the City of Delmy Beach endorse the Join Hands Day Project and Festival, the Special Event Committee will obtain adequate Liability Insurance fi.om Plastridge Insurance. The committee will also sign a Hold Harmless agreement releasing the City of Delray Beach, its agents and employees for all suits, actions, and claims arising from this event. The festival will be held on Saturday, June 16, 2001 from 8:00 a.m. to 6:00 p.m., and the clean-up detail will be conducted in the Osceola Park section of Delray Beach. Sincerely, fl JOIN HANDY DAY Committee 777 E. Atlantic Ave; Suite Z~ #153 TEL: (561) 243-3136 Delray Beach, FL 33483 FAX: (561) 243-3878 www.toussaint hmverture.homestead.com E-Mail: t Ifaasj(~homestead.eom Toussaint L'Ouverture High School for Arts and Social Justice May 14, 2001 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1't Avenue Delray Beach, FL 33444 RE: WAIVER NOISE ORDINANCE - OSCEOLA PARK "JOIN HANDS DAY PROJECT AND FESTIVAL" (16 June, 2001) Dear Mr. Barcinski: The Join Hands Day Project Committee, Downtown Joint Venture, and Osceola Park Neighborhood Association are requesting a waiver &the noise ordinance for the First Annual Join Hands Day activities in the Osceola Park section of Dekay Beach. The event will be held on Saturday, June 16, 2001 from 8:00 a.m. to 6:00 p.m. at Currie Commons Park. Sincerely, //7 (561) 777 E. Atlantic Ave; Suite Z, #153 TEL: 243-3136 Delray Beach, FL 33483 FAX: (561) 243-3878 www.toussaintlouverture.homestead.com E-Mail: tlfaasj(~)homestead.com Toussaint L'Ouverture High School for Arts and Social Justice ~ay 30, 2001 bear Community Member: You are invited to take part in ",TOIN HANDS bAY" on Saturday, .Tune 16, 20Or, in Osceola Park, in belray Beach. If you would like to join our volunteer please call .Toe Bernodel at (561) 243-3136. The meeting place for all volunteers will be in front of Representative Ann ~annon's office at intersection of 3~ Ave. and 2"d Street at 8:00 a.m., on Saturday, ,Tune 16, 2001. Help your community and have some fun at the same time. After the clean up, join members of your community for an alcohol-free day of family fun, food, entertainment, and music at the Currie Commons Park in Osceola Park. Look forward to seeing you there! 777 E. Atlantic Ave; Suite Z, #153 Delray Beach, FL 33483 www.toussaintlouvert ute.homestead.corn TEL: (561) 243-3136 FAX: (561) 243-3878 E-Mail: tlfaasj ~(~homestead.com [IT¥ DF DELRI:I¥ BEI:IgH CiTY ATTORNEY'S OFFICE DELRAY BEACH Ail.America City June 1, 2001 FROM: SUBJECT: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect Line. 561/243-7091 MEMORANDUM City Commission David Harden, City Manager Susan A. Ruby, City Attorney Proposal for Settlement, James Tylke v. City of Delray Beach, et al. The above case arises out of an incident that occurred on August 8, 1997 at the Backroom involving a woman with a medical problem. A City off-duty police officer called the paramedics. The Plaintiff, Dr. Tylke, was asked to step away from the patient, he did not comply with this request, and pushed the police officer. Another officer arrived at the scene to assist the first officer, when a struggle ensued. The officers struggled with the Plaintiff and were finally able to subdue and arrest him. The Plaintiff filed suit against the City and the officers alleging violations of his civil rights, excessive use of force, false arrest and negligent retention. Steven Radford represents the City in this matter and Fred Gelston represents the two police officers, one of whom has since retired from the Police Department. Although our office and outside counsel do not feel that our officers were at fault or did anything improper in this case, we wish to file a proposal for settlement in this case in order to be eligible to receive reasonable attorney's fees and costs accrued after the date of filing, if the jury returns a verdict for the City and the officers or if the verdict is 25 % less than the amount filed in the proposal for settlement. Our office, in conjunction with outside counsel, recommend that we file a proposal for settlement in the amount of $1501.00 as to Sgt. Berry, $2501.00 as to Jeff Rancour and $3501.00 as to the City. Please place this item on the June 5, 2001 City Commission agenda. Please call if you have any questions. CC: Barbara Garito, Acting City Clerk Cathy Kozol, Police Legal Advisor Steve Radford, Esq. Fred Gelston, Esq. Toussaint L'Ouverture High School for Arts and Social Justice May 14, 2001 MAY 1 6 ~.0[11 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1" Avenue Delray Beach, FL 33a.~.~. RE: AGENDA ITEM - FOR CITY COMMISSION MEETING, SPECIAL EVENT REQUEST Dear Mr. Barcinski: The lbllowing request is submitted fbr the 1 st Annual Osceola Park "Join Hands Day Project and Festival." The Toussaint L'Ouverture High School for Aris and Social Justice in conjunction with the Downtown Joint Venture and the Osceola Park Neighborhood Association request that the City Commission endorse this special event, which will be held on Saturday, June 16, 2001. The projected activities of the day are as fbllows: 08:00-11:00 a.m. 11:00-11:30 a.m. 11:30-5:30 p.m. 5:30 - 6:00 p.m. Clean-up and trash removal in Osceola Park Awards presemation to volunteers and sponsors Festival at Currie Commons Park Clean-up of park We are requesting that the city of Delray Beach make the t~bllowing available: a) b) c) d) e) Currie Commons Park in Osceola Park from 11:00 a.m. to 6:00 p.m. on Saturday, June 16, 2001. Large stage deck with cover City support for cleanup and trash removal from the park The Haitian Roving Patrol to act as a security detail for this event City support of this event with no charge to the Committee, as this is crucial to the success of this event. Your consideration and cooperation for this evem is very much appreciated. j~o~ sin~ely' ['~ JOIN HANDS DAY Committee 777 E. Atlantic Ave; Suite Z, #153 Delray Beach, FL 33483 www.toussainflouverture.homestead.com I TEL: (561) 243-3136 FAX: (561) 243-3878 E-Maih tlfaasj~homestead.com Toussaint L'Ouverture High. School for Arts and Social Justice BUDGET SUMMARY FOR "JOIN HANDS DAY" 16 June 2001 PROJECTED EXPENDITURES: Emertainment (2 musical bands) Musical instruments/outdoor package Transportation ( 1 van rental) Lunches for volunteers ~6.50 per person T-Shirts for Volunteers Mailings Advertising (Print/radio) Awards $ 750.00 $ 400.00 $100.00 $ 292.50 $ 300.00 $ 75.O0 $ 500.O0 $150.00' Total Projected Expenditures $2,567.50 PROJECTED REVENUES: Space rentals (~25.O0 per vendor Toussaint L'Ouverture High School Other Donors In-Kind $ 500.00 $1,000.00 $1,000.00 $ 67.50 Total Projected Revenues: ............... $2.567.50 "JOIN HANDS DAY" is an annual nationwide celebration of the interaction between youth and the elderly for the purpose of community building. It is held on 16 June 2001. This year for the first time, Delray Beach will join in the National celebration. Young and old of Delray will meet in Osceola Park, participate in the neighborhood cleanup and enjoy a true community festival involving food, arts and entertainmem. This is a tkmily centered event and no alcohol products will be served, consumed or allowed during the festival. No street closing is anticipated or required. While the music will be amplified, noise level will be controlled so as not to become a nuisance to the community residents. This is intended to be a day-time event and will end promptly at 6:00 PM 777 E. Atlantic Ave; Suite Z, #153 Delray Beach, FL 33483 www.toussaintlouve rture.homestead.com TEL: (561) 243-3136 FAX: (561) 243-3878 E-Mail: tlfaasj(~homestead.com In Northport NY., residents and patients at the Veterans' Administration Medical Center enjoyed a Hawafian Summer Ice Cream Blast with music, food and games. Volunteers put up a tent with Hawaiian-style decorations. The party was held courtesy of the Long Island District of Workmen's Benefit Fund {VVB Fl, Veterans of Foreign Wars Post 5796, Veterans of Vietnam War Post 14, Soda] Re)tel Society and Boy Scout Troop t4. Albert Mlodynia, WBF district director and commander of the VFW post that sponsors the Boy Scout Troop, explained,"l just used my current connections to build a group to do a JOIN HANDS DAY project:' JOIN HANDS DAY is the national day each year when you'ng people and adults tackle a local problem right w'nere they live, This is the only doy on the notional calendar that targets and develops youth/adult relationships through neighborhood volunteering. A day like no other On JOIN HANDS DAY, adults and young people work as equal partners to plan and carry out a project together. These experiences help them break down stereotypes and discover the real truth about each other. JOIN HANDS DAY stimulates action and growth[ It is more than a one-day hug. It is a way and a day to begin to develop understandings and relationships that will continue to grow over time. It helps restore trust and confidence across the generations while enhancing lives, neighborhoods and communities. JOIN HANDS DAY is not a day when adults do something to help youth, nor is it a day when young people do something beneficial for adults. Rather, it is a time when people of all ages merge their strengths, ideas and ideals to build an age-integrated society. Age segregation drives us apart! Most of us know mom about our favorite TV character than we do about people of other generations. Thars because we live in an age-segregated society. Over the years, our generations grew apart. The problem emerged quietly and steadily as young people and adults developed differing preferences in work, movies, food, music and lifestyles. We came to understand mom about people like us and very li~e about everybody else. Youth + adults + volunteering with equal responsibilities: JOIN HANDS DAY project ( J om N ,~/_F.~'~ DAY i it starts with us America's Fraternal Benefit Societies The Points a,f Ught and the Vekmteer In Davenport Iowa~the Cenlr~l High School girls' softball team connected with RSVP (Retired Senior Volunteer Program) to refurbish the school softball complex. Coaches, parents and students came together to rebuild the warning track, paint the press box and dugouts, install security lights and trim bushes. One senior reported, "This is the best time I've had all year:' "Working with kids hl<e this changed my perspective a brc" reflected RSVP member Bob Miller. Softball player Ashley Mingin said.'~/olunteering is very important because you get to be with people of the community. And being with adults is fur~ You learn a lc~ being with The event evolved into the formation of Sports Grandparents, a new collaboration between C~,,k,~l High School and RSVP, something that would not ha~ happened without JOIN HANDS DAY b~i~,ging them together. Today, adults often see young people as lazy and irresponsible. Only one in six American adults say that young people and adults share most of the same moral and ethical values.* At the same time, young people often see adults as rigid, Fearful of change, and as people who don't listen to them when they talk. Less than 20 percent of young people feel valued by adults.** Where we live, however, is libly to be a diverse place -- a place where there are people of different ages, interests and backgrounds. In addition, almost every neighborhood has things and conditions lf~ need repair or improvement -- problems people have been struggling with Ex' a long time. JOiN HANDS DAY is everyone's day Anyone con start o JOIN HANDS DAY project. People in local community orgonizalions and groups are usually the primary organizers. Fraternal chopl~s, I~wonis, Future Business Leaders of Amedca, ve~ans' orc3anizations, FFA, scc~, church groups, businesses, chambers of commerce, gevemment age~ies, neighbodxxxJ associations and business and professional groups have all organized local JOIN HANDS DAY projects. The first step in starling a JOIN HANDS DAY projed is for the members of one group to decide they want to do a projed. Step two is 1o find a crass-gene'ational group If~ will serve as Ihe partnering organization in l:danning and carrying outa project. This JOIN HANDS DAY Action Guide provides you with all the information needed to seled, plan and carry out a JOIN HANDS DAY project. Olt'er sources of information are: · The web site ~ www. jolnhandsday, org -- Provides projed ideas, toob for helping ),c~h and adults work Iogehe; lists projects occurring in your area, resources for geneating media coverage, answers to questions and mom. 'Wh#e House Conference on Teenagers, May 2, 2000, quoting from remarks of Susan Nail Bales, presfdent, Frameworks Institute. '*Search Inst#ute Survey of Youth, sixth to 12th graders, 1997. · Tile JOIN HANDS DAY Adion Center -- Resfxx~ quiddy to all inquiries. Send an email to acfioncent~joinhandsday, org, or call the AUion Line at 1-877-CXJR-1 DAY. Volunt:cr Centers -- Excellent resources k~r finding parlnering groups, project possibili~es, media cannediom and, on occasion, donors of needed materials. To find the nearest Volunteer Cent, call ~ll-fme at 1-800-VCX.UNTEER, Benefits of JOIN HANDS DAY · Make imporlant decisions about problems affecting your neigh~ and c~'nmunity. · ~ leadership, communicc~n and organiz~on skills. · Do somehing beneficial for c~rs. r-or adulls ·Leam how to work ~ with olher people in your cammunity. · Gain safisfaclion by addressing problems and he~ping olhers. · Improve your under~,-vcling of ~nity resources and needs. · Discover ~ best in yourself and in new friends. · Become a posilive and conslrudive force in your community. · Get youth and adults to work on your specific inl~rest or cause. The JOIN HANDS DAY Excellence Awards add more exciting benefits to par[-icipation, including $~,ooo prizes to outstanding projects. See Module to foT more inforrna~ion. One mind can awaken another, Two can awaken their next door b~other, Three can awaken the town, By turning the whole place upside down, Many awake can make such afuss, That they fmaJly awaken the test ofu~ 90% of people voluntee when askecL -- C-Mng and Volunt~.r/ng, fndependent ~ 1999 ~:e most ffeq~e,~t oversight matte by JOIN HA,%DS DAY planners is that the first group selects the p~oje~, and then fin~ a~cther 9~oup to help t~em ~o it. Find your pa~er group first ~ the. sele~ the proje~ tog~er. In Tucson, Ariz., 2o0 volunteers came from the VoTunteer Center, Modern Woodmen of America (MWA) Camp n43o, Air National Guard and the San Ignado neighborhood to improve the condition of Santa Rosa Mission. While Nadia Yuc~pJdo and Lorena Castaneda, both worked on the planning committee, they developed a youth/adult relationship with Frederico Colmene~o, who had been maldng small improvements on his own. The friendly spirit of the church members and extensive Mission maintenance needs motivated the Guard to adopt it as a smvice project far one year. Relatlonshtp.bufld~g c~,,Li,,ues with MWA members as the local camp holds monthly p~zza ~,~?no ~e the JOIN HANDS DAY spo-nsor~? Amedca's Fraternal Benefit Societies are the creators and presenters of JC~N HANDS DAY. These 8.5 not-for-profit organizations (listed on the inside front cover of the Action Guide folder) om a dislinct~ve, c~ritoble ~orce of mom than 10 million people from vor~ous e~nic, religious and vocalior~l bockgrounds. For nearly 1 ~ years, fraternal benefit societies have been helping their members achieve financial security through insurance and retirement products, combined w~th an ambitious volunteer service program for individuals, communil~es and the nation. Fralemals provide millions of dollars in educational support each year for shx~en~ and ~e schods ~e/a~nd. The rnaintoin and support humanitarian, social and service agencies, as well as a broad range of ~t causes. In 1999, I{'~ese socielies conlribu~ mom than 78 million hours of volunl~er time Ioward community service projects. These organiz, a~ons are dOINING HANDS members of ~ ~ Fro~,emal Congress of America, ~ TO 'rOUCH UV~S as__~oc-iation cd:America's ~1 Benef~ Socie~es. The I~oints of Ught Foundation is a supportive parlner in the JOIN HANDS DAY. '1~ Foundation supporls millions of volunteers -- who are helping to solve some of our country's serious social problems -- in ihousands of communilies by providing nalional ~olunl~er leadership; raising public awareness; building knowledge, skills and programs Ex volunteers to succeed; and providing ~e local cldiv~'y sysl~ns to r,~il~z~ v~un~,,rs.P O I N T S ~ vo,u,~,,. ~ N~,~,~ Ne,.,o,~ ~ndu~ O~ L I G H T FOUNDATION more than 450 Vdunteer Centers in communilies throughout ~ . Volunteer Cen~er United Stol~s. Volunteer Cenl~s rnobiliz~ people and resourcesN~0on~ ~etwork to ddiver crealive solutions to cornmunily problems. NATIONAL FRATERNAL CONGRESS OF AMERICA JOIN HANDS DAY Action Center RO ~ox 32~3, Naperv;t]e, tL Phone: ~-877-OU R-~ D~'( F~x: 63o-548-~o95 eMAfl: ~oncente~joinhAn~s~y.o~g ~v.joinhandsday. org America's Fraternal Benefit Sode'des The I~lnts o~ Ught Fa~ndatlml an,4 the Voh~nte~, ~ Toussaint L'Ouverture High School for Arts and Social Justice May 14, 2001 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1 ~t Avenue Delray Beach, FL 33444 RE: LIABILITY INSURANCE - OSCEOLA PARK "JOIN HANDS DAY PROJECT AND FESTIVAL" (16 June, 2001) Dear Mr. Barcinski: Should the City of Delray Beach endorse the Join Hands Day Project 'and Festival, the Special Event Committee will obtain adequate Liability Insurance from Plastridge Insurance. The committee will also sign a Hold Harmless agreement releasing the City of Delray Beach, its agents and employees for all suits, actions, and claims arising from this event. The festival will be held on Saturday, June 16, 2001 from 8:00 a.m. to 6:00 p.m., and the clean-up de~ail will be conducted in the Osceola Park section of Delray Beach. 777 E. Atlantic Ave; Suite Z, #153 Delray Beach, FL 33483 www.toussaintlouverture.homestead, com TEL: (561) 243-3136 FAX: (561) 243-3878 E-Mail: tlfaasj(a~homestead.com Toussaint L'Ouverture High School for Arts and Social Justice May 14, 2001 Mr. Robert A. Barcinsld, Assistant City Manager City of Delray Beach 100 N.W. 1't Avenue Delray Beach, FL 33444 RE: WAIVER NOISE ORDINANCE - OSCEOLA PARK "JOIN HANDS DAY PROJECT AND FESTIVAL" (16 June, 2001) Dear Mr. Barcinski: The Join Hands Day Project Committee, Downtown Joint Venture, and Osceola Park Neighborhood Association are requesting a waiver of the noise ordinance for the First Annual Join Hands Day activities in the Osceola Park section of Delray Beach. The event will be held on Saturday, June 16, 2001 fi.om 8:00 a.m. to 6:00 p.m. at Currie Commons Park. ~Sincerely, Bern~~fll~ 777 E. Atlantic Ave; Suite Z,//153 Delray Beach, FL 33483 www.toussaintlouve rture.homestead.com TEL: (561) 243-3136 FAX: (561) 243-3878 E-Mail: t Ifaasj(~ homestead.corn Toussaint L'Ouverture High School for Arts and Social Justice May 30, 20011 bear Community Member: You are invited to take pert in "`TO];N HAND5 bAY" on Saturday, .Tune :16, 20011, in Osceola Park, in belray Beach. Zf you would like to join our volunteer please call .Toe Bernadel at (56:1) 243-3:136. The meeting place for all volunteers will be in front of Representative Ann Gannon's office at intersection of 3~ Ave. and 2"a Street at 8:00 a.m., on Saturday, ,Tune :16, 200:1. Help your community and have some fun at the same time. After the clean up, join members of your community for an alcohol-free day of family fun, food, entertainment, and music at the Currie Commons Park in Osceola Park. Look forward to seeing you there! 777 E. Atlantic Ave; Suite Z, #153 Delray Beach, FL 33483 www. toussaintlouverture.homestead.com TEL: (561) 243-3136 FAX: (561) 243-3878 E-Mail: t lfaasj ._~homestead.com [IT¥ OF DELRI:I¥ BEI:IEH CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755 Writer's D~rect Line: 561/243-7091 AII.Amedca City. 1993 TO: FROM: SUBJECT: June 1, 2001 City Commission David Harden, City Manager Susan A. Ruby, City Attorney Proposal for Settlement, James Tylke v. City of Delray Beach, et al. The above case arises out of an incident that occurred on August 8, 1997 at the Backroom involving a woman with a medical problem. A City off-duty police officer called the paramedics. The Plaintiff, Dr. Tylke, was asked to step away from the patient, he did not comply with this request, and pushed the police officer. Another officer arrived at the scene to assist the first officer, when a struggle ensued. The officers struggled with the Plaintiff and were finally able to subdue and arrest him. The Plaintiff filed suit against the City and the officers alleging violations of his civil rights, excessive use of force, false arrest and negligent retention. Steven Radford represents the City in this matter and Fred Gelston represents the two police officers, one of whom has since retired from the Police Department. Although our office and outside counsel do not feel that our officers were at fault or did anything improper in this case, we wish to file a proposal for settlement in this case in order to be eligible to receive reasonable attorney's fees and costs accrued after the date of filing, if the jury returns a verdict for the City and the officers or if the verdict is 25 % less than the amount filed in the proposal for settlement. Our office, in conjunction with outside counsel, recommend that we file a proposal for settlement in the amount of $1501.00 as to Sgt. Berry, $2501.00 as to Jeff Rancour and $3501.00 as to the City. Please place this item on the June 5, 2001 City Commission agenda. Please call if you have any questions. CC: Barbara Garito, Acting City Clerk Cathy Kozol, Police Legal Advisor Steve Radford, Esq. Fred Gelston, Esq. MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager RobertA. Barcinski, Assistant City Manager AGENDA ITEM ~J" ,fit_ REGULAR MEETING OF JUNE 5, 2001 APPROVAL DRAFT REQUEST FOR PROPOSALS/NAMING RIGHTS/ PHILANTHROPIC DONATIONS TENNIS CENTER/STADIUM DATE: JUNE 1, 2001 City Commission is requested to approve the draft request for proposals to select a company to solicit naming rights and/or philanthropic donations for the Tennis Center and Stadium. In drafting the RFP, I utilized RFP's for naming rights from Palm Beach County, the City of Miami, and our RFP's for other type projects. The attached draft is subject to editing changes and review and approval by the City Attorney and Purchasing Offices. If approved our intent is to advertise the proposal on June 10th. I:IT¥ OF DELRI:I¥ BEIII:H 100 N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 RFP #2001-34 1993 CONSULTING SERVICES FOR NAMING RIGHTS AND/OR PHILANTROPIC DONATIONS FOR THE TENNIS CENTER AND STADIUM 561/243-7000 The City of Delray Beach is seeking the services of a firm experienced in the solicitation of naming rights and/or philanthropic donations for the Delray Beach Tennis Center and Stadium. All proposals must be received no later than 3:00 P.M., Wednesday, July 11, 2001, at City Hall, Purchasing Division, 100 N.W. 1st Avenue, Delray Beach, Florida 33444, and must be submitted in a sealed envelope clearly marked on the outside as RFP #2001-34, Request for Proposal, Delray Beach Naming Rights. All proposals received prior to or at this time will be logged in the order received. Copies of the specifications may be obtained (downloaded) from www. DemandStar. Com, phone (800) 711-1712, or the City of Delray Purchasing Office, 100 N.W. 1st Avenue, Delray Beach, Florida 33444, at no charge. Call Purchasing at (561) 243-7163 to ensure sufficient supply. One contract will be awarded for all work outlined above and described in the Proposal. The City of Delray Beach, Florida reserves the right to accept and/or reject any and all proposals, and to award a contract which, in its sole discretion, best serves the interest of the City. Advertisement Date: Palm Beach Post Sunday, June 10, 2001 City of Delray Beach By: Jacklyn Rooney Purchasing Supervisor Prin~ed on Recycled Peper THE EFFORT ALWAYS MATTERS RFP/12001-34 REQUEST FOR PROPOSAL CONSULTING SERVICES FOR NAMING RIGHTS AND/OR PHILANTROPIC DONATIONS FOR THE TENNIS CENTER AND STADIUM 1.1 1.2 1.3 General Proposal Information Purpose of the Proposal The City, a municipal corporation of the State of Florida, is seeking the services of a qualified and experienced proposer. The solicitation of naming rights and/or philanthropic contributions, which may be a firm, corporation, partnership, individual, joint venture, or other legal entity, in the solicitation of naming rights and/or philanthropic donations for the Tennis Center and Stadium. Goal The goal is to provide the City with additional revenue to offset the net costs associated with the operation of the Tennis Center and Stadium. Background and Marketing Information A) Facilities The City of Delray Beach Tennis Center and Stadium is located on Atlantic Avenue approximately ½ mile east of 1-95. The Center consists of fourteen (14) clay courts, six (6) hard courts, clubhouse, and restroom facilities The Tennis Stadium court surface is a hard court and has permanent seating capacity of 8,200 of which 1,272 are box seats and 1,906 club seats. The stadium also includes a TV booth area and VIP seating area. One ticket plaza with four (4) ticket windows is located outside the perimeter of the Tennis Center with a link to Ticket Master. Approximately 27,000 cars pass by the site on a daily basis. B) Events The City currently by contract hosts three (3) major events, approximately eight (8) USTA amateur events, and other local events at the site. A summary of the major events is as follows: 1) International Tennis Championships (formally the Citrix) This event is an ATP International Tennis Event, held in early March sponsored by Match Point, Inc. It is a nine (9) day event consisting of 2 c) thirty-two (32) singles matches and sixteen (16) doubles matches. event is televised worldwide both live and tape delayed. · Prize money $400,000 · Attendance 2001 approximately 40,000 · Average household Income $156,000 · Contract term Through 2008 The 2) Chris Evert Pro - Celebrity Tennis Classic This is a two (2) day event held in early December sponsored by Chris Evert Charities, Inc. for the purpose of raising funds for the South County Drug Abuse Foundation. The event features Chris Evert and other tennis professionals and celebrities in exhibition doubles matches. · Attendance 2000 approximately 6,000 · Contract annual 3) Owl Foundation Tennis Challenge This is a one (1) day exhibition event sponsored by the Owl Foundation, Inc. Funds raised from this event provide at risk youth with equal access to remedied education assistance. The event consists of two (2) singles matches and one (1) singles match featuring Venus and Serena Williams, as well as, a tennis clinic for youth · Attendance 2001 approximately 4,000 · Contract 2001 through 2003 Naming Rights Qualifiers The City currently has five contracts with provisions that may impact City revenues from the sale of naming rights as follows: Matchpoint, for the 2003-2008 events, has the fight to 50% of the income from the sale of naming fights. The City retains all income from sale of naming rights by Matchpoint or City through 2002 except for a 15% fee to Matchpoint if Matchpoint sell the naming rights. (See page 15 of Matchpoint contract). Flight Media's contract gave the exclusive fight to procure naming fights expired March 31, 1002. However, any contract entered into through March 2003 with Southwestern Bell Communications, Inc. or subsidiary thereof or Sun America Companies entitles Flight Media to 10% of the gross amount of revenue the City receives from the sale of naming rights. Chris Evert Charities contract expires each year and expired December 2000. However, any future contracts need to be modified from the previous years' agreements that allowed them to cover all logos/trademarks may be covered. (See pages 11 and 12) Owl Foundation- The term of the agreement continues until the conclusion of the 2003 event. This contract also provides that all logos/trademarks may be covered. (See pages 10 and 11) Coca Cola contract - The term of the agreement continues until May 2, 2003 (Coca Cola has exclusive pouring fights except for twelve black out days 1.4 1.5 1.6 1.7 annually). This provision would not reasonably permit Pepsi to serve as a naming rights sponsor during this period. RFP Process Milestones The anticipated schedule for this RFP and subsequent contract is as follows. All dates are tentative and subject to change. · RFP available for distribution · Due date for questions · Proposal due date · Evaluation period Recommendation to City Manager · City Commission approval · Project start June 10, 2001 June 29, 2001 July 11, 2001 July 12-31, 2001 August 1, 2001 August 7, 2001 within 30 days of approval RFP Evaluation Process The City will establish a selection committee for the purpose of reviewing proposals, conducting interviews with Proposers and in submitting a recommendation for contract award to the City Manager. Proposals will be evaluated based on the following criteria · Proposers experience and professional qualifications · Approach to project and strategy · Financial business stability information · Price of services 25% 35% 20% 20% The solicitation committee will rate each category on a scale of 1 to 5 (five being the highest ranking) and rank the proposals. The selection committee will interview at least three (3) of the proposals. Award of Contract Final contract award will be made by City Commission to the Proposer whose proposal is determined to be the most advantageous to the City, taking into consideration the criteria set forth in the RFP. Standard form contract as per Appendix "A" will be utilized. Scope of Services The City of Delray Beach is interested in contracting with a qualified and experienced Consultant to procure a sponsor for the naming rights or philanthropic donations of the Tennis Center and Stadium. Services to be provided shall include research, valuation, selling, contract development, presentation of written report(s) of findings and recommendations to the City Commission for consideration of approval, and contract negotiation. Specific services shall include, but not limited to, the following: 1. Estimate annual value of naming rights of the Tennis Center and Stadium. 2. Present documentation to support estimated value. 3. Identify the various issues associated with the procurement of a sponsor. 4 5. 6. 7. 8. Evaluate and recommend how the Tennis Center and Stadium can improve its value. Identify best categories that should be marketed for naming rights. Present proposed milestone strategy for securing the best proposal for naming rights or philanthropic donations. Identify and solicit firms willing to serve as a sponsor and determine the fee they are willing to pay the City. Develop detailed final report of research, findings, and recommendations for naming rights or philanthropic donations of the Tennis Center and Stadium, and provide the City of Delray Beach with five (5) bound copies of the same as specified by the City. Make presentations as directed by the City of Delray Beach as may be required. Negotiate contract with sponsor for the sale of the naming rights or philanthropic donations of the Tennis Center and Stadium. Successful Proposer is expected to meet the following milestones for deliverables. Payment of fees to be based on accomplishments of the deliverables. Activity · Report and Recommendation to City of Delray Beach of potential sponsor(s) Value, strategy and milestones Deliverables 45 days after date of Contract · Solicit potential sponsors 45 to 180 days after date of Contract · Final proposed Contract with sponsor prior to end of Contract 2.1 2.2 2.3 2.4 Proposal Submittal Requirements Instructions to Proposers A bound original and four (4) copies of the proposal on 8 ½" x 11" paper are to be submitted and received no later than 3:00 P.M., Wednesday, July 11, 2001, at City Hall, Purchasing Division, 100 N.W. 1st Avenue, Delray Beach, Florida 33444, and must be submitted in a sealed envelope clearly marked on the outside as RFP #2001-34. Contact Person All inquiries or questions concerning this RFP should be directed to Robert A. Barcinski, Assistant City Manager, 100 N.W. 1 st Avenue, Delray Beach, Florida 33444. Additional Information/Amendment Request for additional information or clarifications must be made in writing no later than the date specified in the RFP Timetable above. The request must contain the Respondent's name, address, phone number, and facsimile number. Electronic facsimiles will be accepted at (561) 243-7199. Facsimiles must have a cover sheet which includes, at a minimum, the Respondent's name, address, number of pages transmitted, phone number, and facsimile number. Changes to this RFP, when deemed necessary by the City, will be completed only by written amendments(s) issued prior to the Proposal Due Date. Respondents should not rely on any representations, statements or explanation other than those made in the RFP or in any amendment to this RFP. Where there appears to be a conflict between the RFP and any amendment issued, the last amendment issued will prevail. It is the Respondent's responsibility to assure receipt of all amendments. The Respondent should verify with the designated contact person prior to submitting that all amendments have been received. Respondents are required to acknowledge the number of amendments received as part of their proposals. Proposal Format The following documentation submitted to the City. shall be included as a minimum in the Proposal and Instructions to Proposers: Proposers should carefully follow the format and instructions outlined below, observing format requirements where indicated. Proposals must contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub-consultants to be utilized for the work contemplated by this RFP. Proposals submitted which do not include the following items may be deemed non-responsive and may not be considered for contract award. The response to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non-responsive. 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the proposal as listed below, including all other relevant documents requested for submission. All pages of the proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary A signed and dated summary of not more than two (2) pages containing the Proposer's Professional Qualifications and Experience, Approach to the Project/Scope of Responses, and Fee Proposal. Proposer shall include the name of the organization, business phone and contact person. Provide a summary of the work to be performed by Proposer. 4. Proposer's Professional Qualifications and Experience a) Describe the Proposer's organizational history and b) c) d) structure; years Proposer and/or firm have been in business providing a similar service(s), and indicate whether the City has previously awarded any contracts to the Proposer/firm. Provide a list of all principals, owners or directors. Provide resume of individual(s) that will be assigned as the City's Representative if awarded the contract, and provide resume for key staff personnel who will also be assigned/associated with the services to be performed. Provide a list of at least two (2) comparable clients and/or projects for which the Proposer has provided services during the last three (3) years, which are indicative of the scope of services detailed within this RFP, particularly those of governmental entities. Also discuss the duties performed in the evaluation and procurement of naming rights of the City of Delray Beach Tennis Center and Stadium, and contract negotiation. Also include the general outcome of the process, i.e. to whom were the naming rights sold, if applicable, term of contract, and the contractual value of those naming rights. Include the name, address, telephone number, name of client contact, the period during which services were rendered, and a general description of the scope of services provided. The City reserves the right to contact any reference as part of the evaluation process. Identify clearly if your firm is currently engaged in the sale of naming rights for public or private entity(s) in the State of Florida. Provide at least (1) Letter of Reference on letterhead from preferably governmental entities for whom similar services have been performed. This information is subject to verification as part of the evaluation process. e Approach to the Project/Strategy a) Provide your understanding of the scope of services, and your overall approach to the requirements reflected within this RFP. Prioritize and detail those activities you 7 10. b) c) would perform, and in what order, as part of your assessment, to reach your findings and recommendations, and provide a project schedule. Discuss any specialized skills, analytical tools, and historical information you would utilize to conduct research and assessment of the sale of naming fights, and detail how you would approach the task specifically as it relates to the City of Delray Beach Tennis Center and Stadium. Identify the various issues that must be considered in procuring a sponsor for the naming rights at the City of Delray Beach Tennis Center and Stadium, and identify any special considerations or possible difficulties that may affect meeting the objective. Financial/Business Stability A) Provide financial condition B) as evidenced by the Respondent's latest financial statement, signed by an officer of the company and notarized. All outstanding debts of the firm must be included. Provide legal history, as evidenced by a list of any lawsuits against the company for the past ten (10) years, summarizing the allegations, provide the results of the suit, if not currently active. If none, a statement to that effect should be provided. In addition a list of lawsuits by the firm against any previous clients which have taken place in the past five years or which are currently active. Price Proposal Respondent shall submit a detailed plan on how their firm will bill the City for their naming rights strategy that should include but not be limited to the following: up front marketing materials; · indicate the amount of money, if any, to be paid by the City on an annual basis, over the life of the agreement; · preparations fees; · percentage of gross income; and · incentives for in-kind contributions Business Information (Appendix "B") Each Respondent is required to complete Appendix "B", referencing their type of business, i.e., Corporation, Partnership (General/Limited), Joint Venture and Sole Proprietorship. Drug-Free Workplace (Appendix "C") The respondent is required to complete Appendix "C", Drug-Free Workplace, and return with their proposal. Signature Sheet The respondent is required to complete the signature page Appendix "D". 3.1 3.2 3.3 3.4 3.5 3.6 General Terms and Conditions Term The term of this agreement shall be one year from date of execution of the contract. Award of Contract The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non- responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Taxes The City of Delray Beach is exempt form any sales tax imposed by the State and/or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 60-08-116241-54C appears on each purchase order. Anti Collusion A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). Conflict of Interest A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statues and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employees who owns, directly or indirectly, an interest of ten percent (10%) or more in the bidder's firm or any of it's branches. Non-Discrimination The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 3.7 Legal Requirements This RFP is subject to all applicable federal, state, and count and local laws, ordinances, rules and regulations that in any manner affect any and all of the services covered herein. Lack of knowledge by the Proposer shall in no way be cause for relief from responsibility. 3.8 Non-Appropriation of Funds In the event no funds or insufficient funds are appropriated and budgeted or funding is otherwise unavailable in any fiscal period for payments due under the contract, then the City, upon written notice to the Consultant or his/her assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. 3.9 Payment Payments to the Successful Proposer shall be made in arrears, and based on work performed to the satisfaction of the City. No advance payments will be made at any time. Payment shall be made after delivery, within 45 days of receipt of an invoice for services/goods and pursuant to Florida Statute 218.74 and other applicable laws. 3.10 One Proposal Only one (1) proposal from an individual, firm, partnership, corporation or joint venture will be considered in response to this RFP. 3.11 Proposer Qualifications Proposers shall satisfy each of the following requirements cited below. Failure to do so will result in the Proposal being deemed non-responsive. Proposer must have experience in selling naming rights for convention centers, stadiums or similar venues (pubic or private). Proposer shall be considered only from firms that are regularly engaged in the business of providing the services as described in the RFP; and that have sufficient f'mancial support, equipment, and organization to ensure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. 10 3.12 3.13 3.14 3.15 Co De Proposer shall have no record of pending lawsuits or criminal activities involving moral turpitude and not have any conflicts of interest with the City. Neither Proposer nor any member, officer, or stockholder of Proposer (s) shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. Public Entity Crimes A person or affiliate who has been placed on the convicted Proposer list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public work's project, may not submit a Response on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted Bidder/Proposer list. Review Of Proposals For Responsiveness Each proposal will be reviewed to determine if it is responsive to the submission requirements outlined in the RFP. A "responsive" Proposal is one which follows the requirements of the RFP, includes all documentation, is submitted in the format outlined in the RFP, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a proposal non- responsive. A responsible Proposer is one that has the capability in all respects to fully perform the requirements set forth in the proposal, and that has the integrity and reliability, which will assume good faith performance. Sub-Consultants of Work Shall Be Identified Within its Proposal, the Proposer(s) should identify any and all sub-consultants, if applicable, that will be used in the performance of the proposed Contract(s), their capabilities, experience, minority designation, as defined in Ordinance 10062 and a brief description of the work to be performed by the sub-consultant(s), if applicable. The Successful Proposer(s) shall not, at any time during the term of the Contract(s), subcontract any part of his operations or assign any portion or part of the Contract(s), to sub-consultant(s) not mentioned in its Proposal, without written consent of the City. Nothing contained in this RFP shall be construed as establishing any contractual relationship between any sub-consultant(s) and the City. The Successful Proposer(s) shall be fully responsible to the City for the acts and omissions of the sub-consultant(s) and their employees, as for acts and omissions of persons employed by Successful Proposer(s). Insurance Requirements 11 Unless otherwise specified in the Contract, Contractor shall at its sole expense, maintain in effect at all times during the life of the Contract the following required insurance coverage with limits not less than those set forth below: COMMERCIAL GENERAL LIABILITY Contractor shall maintain Commercial General Liability, occurrence form, with minimum limits of $1,000,000.00 per occurrence combined single limit for bodily injury, personal injury, and property damage liability. Coverage shall include, but not be limited to, Premises and Operations, Independent Contractors, Products and Completed Operations, Contractual Liability, Personal Injury and Advertising Injury, Medical Payments, and Broad Form Property Damage coverage parts. When applicable, coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included. BUSINESS AUTO LIABILITY Contractor shall maintain Business Auto Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for bodily injury ad property damage liability. Coverage shall include all Owned Autos, Hired-Autos, and Non-owned Auto liability If Contractor does not have any Owned or Specifically Insured Autos, then Contractor shall maintain only the Hired0Auto and Non-Owned Auto Liability coverage under a separate policy or endorsed to the Commercial General Liability policy. WORKERS' COMPENSATION Contractor shall maintain Workers' Compensation & Employers Liability applying to ALL employees for statutory limits in compliance with Florida Statue Chapter 440 and applicable Federal Laws. Coverage must include Employers Liability with minimum limits of $1,000,000 Each Accident, $500,000 Disease-Policy Limit, and $100,000 Disease-Each Employee. If Contractor has NO employees, and is NOT in the construction industry, a Certificate of Exemption from the Workers' Compensation Law along with an Affidavit of Independent Contractor status shall satisfy this requirement when provided to and approved by City's Risk Management Department. PROFESSIONAL LIABILITY Contractor shall maintain during the term of this agreement, standard Professional Liability insurance with minimum limits of $500,000 per occurrence combined single limit. The self-insurance retention shall not be greater than $10,000. If written on a "Claims-Made" form then any Supplemental Extended Reporting Period offered must be purchased with a time limit not less than three (3) years. ADDITIONAL INSURED CLAUSE Except as to Workers' Compensation & Employers Liability (and Professional Liability when applicable), said Certificates of Insurance shall clearly state that the coverage required by this Contract have been endorsed to include a CG 2026 Additional Insured - Designed Person or Organization, or similar endorsement, in favor of the City. 12 APPENDIX "A" STANDARD FORM OF AGREEMENT BETWEEN CITY AND VENDOR THIS AGREEMENT made this ~ day of ,20 , by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called VENDOR). WlTNESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The VENDOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The VENDOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the VENDOR include the following documents which are attached hereto following: AGREEMENT DOCUMENT (S) Request for Proposal Addenda numbers and incorporated herein by reference of the modifications PAGE NUMBERS 1 - 29 to , inclusive, and any delivered after execution of this Agreement. 13 4. The term of this Agreement shall commence on the date written above. 5. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to VENDOR: 7. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the VENDOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the VENDOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the 14 CITY), recklessness or intentional wrongful misconduct of the VENDOR and any persons employed or utilized by the VENDOR in the performance of this Agreement. VENDOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. VENDOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the VENDOR, its agents, servants or employees. VENDOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the VENDOR to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the VENDOR, 15 its agents or employees. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the VENDOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the VENDOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESSES: (please type or print name) (please type or print name) CITY OF DELRAY BEACH, FLORIDA By: David W. Schmidt, Mayor VENDOR: By: (please type or print name) STATE OF CORPORATE ACKNOWLEDGMENT 16 COUNTY OF The foregoing instrument was acknowledged before me this ,20 , by or agent, title of officer or agent), of place of incorporation) corporation, on behalf of the corporation. day of (name of officer (state or He/She is (personally known to me) (or has produced identification) and has used his/her .(type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped 17 CERTIFICATE (If Corporation) STATE OF FLORIDA COUNTY OF ) ) ss ) ,) I HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on resolution was duly passed and adopted: ,20.~, the following "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated ,20 , between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of ,20 (Secretary) (Seal) APPENDIX "B" BUSINESS INFORMATION Full Legal Name of Entity: (Exactly as it is to appear on the Contract/Agreement) Entity Address: Telephone Number: ( ) Fax Number: Form of Entity (check one and complete the appropriate entity statement attached hereto) [ ] Corporation (Complete forms page(s) ___, .~) [ ] Parmership ( General, Complete forms page(s) __, __) [ ] Partnership (Limited, Complete forms page(s) , ) [ ] Joint Venture (Complete forms page(s) __, .~) [ ] Sole Proprietorship Federal I.D. Number: (1) If Proponent is a subsidiary, state name of parent company. Caution: All information provided herein must be as to Proponent (subsidiary) and not as to parent company. (2) If a corporation is a partner of a proposing partnership or a member of a proposing joint venture, the corporation statement, attached hereto, must be completed in addition to the appropriate Proponent's business entity statement. Is Entity registered to do business in the State of Florida? Yes [ ] No [ ] If yes to the above, as of what date? If no to the above, state the name and mailing address of your registered Florida agent along with a copy of their certification from the State of Florida to do business in the State. Agent Information: Name: Phone Number: ( ) Address: Fax Number:( ) 19 CORPORATION STATEMENT Ifa Corporation, answer the following: 1. When incorporated? 2. Where incorporated? 3. The Corporation is held: [ ] Publicly [ ] Privately 4. Has the Corporation previously size (as stated in the RFP) in the state of Florida? [ ]yes [ ]no If yes, indicate Date: Location: of similar 5. Furnish the name, title and address of each director, officer, principal managers, and how long they have been employed. 6. Attach a copy oft he Corporate Certificate from the Secretary of State. 7. Attach Credit references. 2O (CORPORATION STATEMENT) The undersigned hereby certifies that the following are tree and correct statements: That he/she is the Secretary of Corporation, a corporation organized and existing in good standing under the laws of the State of hereinafter referred to as the "Corporation", and that the following Resolutions are true and correct copies of certain Resolutions adopted by the Board of Directors of the Corporation as the day of , , in accordance with the laws of the State of the state of incorporation of the Corporation, the Articles of Incorporation and the By-laws of the Corporation: RESOLVED, that the Corporation shall enter into that certain Agreement between City of Delray Beach, a political subdivision of the State of Florida and the Corporation, a copy of which is attached hereto, and be it FURTHER RESOLVED, that the of the Corporation, is hereby authorized and instructed to execute such Agreement and such other instruments as may be necessary and appropriate for the Corporation to fulfill its obligations under the Agreement. That the foregoing resolutions have not been modified, amended, rescinded, revoked or otherwise changed and remain in full force and effect as of the date hereof. That the Corporation is in good standing under the laws of the State of Florida or its state of incorporation if other, and has qualified, if legally required, to do business in the State of Florida and has the full power and authority to enter into such Agreement. IN WITNESS WHEREOF, the undersigned has set his/hers hand and affixed the Corporate Seal of the Corporation the __ day of , __ (Signature) (Print Signatory's name) Its Secretary (CORPORATE SEAL) SWORN TO AND SUBSCRIBED before me this day of aforesaid corporation, who is personally known to me OR who produced identification and who did did not take an oath. ,200 by the Secretary of the Notary Signature Print Notary Name NOTARY PUBLIC State of My Commission Expires: at Large 21 PARTNERSHIP STATEMENT (General or Limited) If a General or Limited Partnership, answer the following: 2. 3. 4. Date of organization? Place of organization? Indicate: [ ] General Partnership or Is the Partnership agreement recorded? [ If yes, indicate Date Book Has Partnership or any partner previously of similar size (as stated in the RFP) in the state of Florida? [ ] yes [ ] no If yes, indicate Date: Location: [ ] Limited Partnership ]yes [ ]no Page Location Furnish the name, title and address of each director, officer, principal managers, general or limited partner, and how long they have been employed. Attach one copy of the Partnership Agreement. Attach Credit references. 22 AFFIDAVIT OF GENERAL PARTNER (If General Partnership) STATE OF FLORIDA ) )ss. COUNTY OF ) (insert County) Before me, the undersigned authority, personally appeared, the undersigned, who by me being first duly sworn, deposes and says that' 1. The undersigned is a general partner of , a general partnership organized and existing under the laws oftbe State of ("Partnership") pursuant to agreement, dated the day of .... a true and correct copy of which is attached hereto as . (Vendor to fill in Title of Attachment.) 2. The Partnership is in good standing and is authorized to transact business in the State of Florida as of the date hereof. 3. The Partnership agreement is still in full force and effec~ and has not been modified or amended 4. All of the partners of the Partnership and their interests in the partnership are as set forth attached hereto as (Vendor to fill in Title of Attachment.) 5. has the right and authority to enter into that certain Agreement between City of Delray Beach, a political subdivision of the State of Florida and the Corporation, a copy of which is attached hereto as (Vendor to fill in Title of Attachment.), and such other instruments as may be necessary and appropriate for thc Partnership to fulfill its obligations under the Agreement. 6 Upon the execution and delivery of such Agreement and documents by the person identified in item 5 hcreinabove, all oftbe aforesaid shall be valid agreements of and be binding upon the Partnership. 7. The transaction contemplated in the Agreement will not violate any oftbe terms and conditions oftbe Parmership agreement or of any other agreement of whatever kind between the Partnership and any third person. 8. The undersigned acknowledges that Affiant is familiar with the nature of an oath and the penalties provided by the laws of the State of Florida and that this Affidavit is being given to induce City of Delray Beach to enter into the Agreement. FURTHER AFFIANT SAYETH NAUGHT (Signature) (Print Signatory's name) (Print Signatory's Title) SWORN TO AND SUBSCRIBED before me this personally known to me OR who produced ~ day of ,200__, by. who is as identification and who did did not take an oath. Notary Signature Print Notary Name NOTARY PUBLIC State of My Commission Expires: at Large 23 AFFIDAVIT OF PARTNERSHIP (If Limited Partnership) STATE OF FLORIDA ) )SS: COUNTY OF ) (insert County) Before me, the undersigned authority, personally appeared, the undersigned, who by me being first duly sworn, deposes and says that: 1. The undersigned is thc of , a corporation organized and existing in good standing under the laws of the State of (Thc "Corporation"), which is the General Partner of , a limited partnership, (the "Partnership") existing under the laws of the state of , pursuant to an agreement dated thc__ day of , a tree and correct copy of which is attacbed bereto as . (Vendor to fill in Title of Attachment.) 2. The Partnership is in good standing and is authorized to transact business in the State of FIorid~ 3. The Partnership agreement is in full force and effect and has not been amended or modified. 4. All of the partners of the Partnership and their interests in the Partnership are as set forth attached hereto as (Vendor to fill in Title of Attachment ) 5. has the right and authority to enter into that certain Agreement between City of Delray Beach, a political subdivision of the State of Florida and the Corporation, a copy of which is attached hereto as (Vendor to fill in Title of Attachment.), and such other instruments as may be necessary and appropriate for the Partnership to/ulfill its obligations under the Agreement. 6. Upon the execution and delivery of such Agreement and documents by the person identified in item 5 hereinabove, all of the aforesaid shall be valid agreements of and be binding upon the Partnership. 7. The transaction contemplated in the Agreement will not violate any of the terms and conditions of the Partnership Agreement or of any other agreement of the Partnership with any third party. 8. The undersigned acknowledges that Affiant is familiar with the nature of an oath and the penalties provided by the laws of the State of Florida and that this Affidavit is being given to induce City of Delmy Beach to enter into the Agreement. FURTHER AFFIANT SAYETH NAUGHT By (Prim Partnership Name) (Print Corporation name) a Corporation (Print State of incorporation) It's General Partner By: (Signature) (Prim signatory's name) It's (Print title) SWORN TO AND SUBSCRIBED before me this who is personally known to me OR who produced take an oath. Notary Signature: Print Notary Name: NOTARY PUBLIC State of at Large My Commission Expires: __ day of ,200 ,by as identification and who did did not 24 JOINT VENTURE STATEMENT If a Joint Venture, answer the following: 1. Date of organization? 2. Place of organization? 3. Is the Joint Venture agreement recorded? If yes, indicate Date [ ] yes [ ] no Book 4. Has Joint Venture previously Florida? [ ] yes [ ] no If yes, indicate Date: Location: 5. Furnish the name, title and address of each director, officer, principal managers, general or limited partner of Joint Venture and how long they have been employed. Attach one copy of the Joint Venture Agreement. Page Location of similar size (as stated in the RFP) in the state of Attach Credit references. 25 AFFIDAVIT OF JOINT VENTURE STATE OF FLORIDA ) )SS: COUNTY OF ) (insert County) Before me, the undersigned authority, personally appeared, the undersigned, who by me being first duly sworn, deposes and says that: The undersigned is a general partner of joint venture organized and existing under the laws of the State of ("Joint Venture") pursuant to agreement, dated the day of ,200~ a true and correct copy of which is attached hereto (Vendor to fill in Title of Attachment.) ,a The Joint Venture is in good standing and is authorized to transact business in the State of Florida as of the date hereof. The Joint Venture agreement is still in full force and effect and has not been modified or amended. All of the partners of the Joint Venture and their interests in the joint venture are as set forth attached hereto as (Vendor to fill in Title of Attachment.) has the right and authority to enter into that certain Agreement between City of Delray Beach, a political subdivision of the State of Florida and the Joint Venture Corporation, a copy of which is attached hereto as (Vendor to fill in Title of Attachment.), and such other instruments as may be necessary and appropriate for the Joint Venture to fulfill its obligations under the Agreement. o Upon the execution and delivery of such Agreement and documents by the person identified in item 5 hereinabove, all of the aforesaid shall be valid agreements of and be binding upon the Joint Venture. The transaction contemplated in the Agreement will not violate any of the terms and conditions of the Joint Venture agreement or of any other agreement of whatever kind between the Joint Venture and any third person. o The undersigned acknowledges that Affiant is familiar with the nature of an oath and the penalties provided by the laws of the State of Florida and that this Affidavit is being given to induce City of Delray Beach to enter into the Agreement. FURTHER AFFIANT SAYETH NAUGHT (Signature) (Print Signatory's name) (Print Signatory's Title) 26 SWORN TO AND SUBSCRIBED before me this who is personally known to me or who produced (check one) did did not take an oath. __ day of 200___, by as identification and who Notary Signature Print Notary Name NOTARY PUBLIC State of My Commission Expires: at Large 27 APPENDIX "C" DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities of contractual services, that are under bid, a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires that satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Vendor's Signature Firm Name 28 APPENDIX"D" COST PROPOSAL RFP NO. 2001-34 IMPORTANT: FAILURE TO SUBMIT THIS PAGE WILL BE CAUSE FOR "IMMEDIATE REJECTION" OF THE ENTIRE PROPOSAL RESPONSE. NAME (PRINT): TITLE: COMPANY: ADDRESS: TELEPHONE NO. SIGNATURE: Please affix corporate seal or have proposal notarized. Notary-Full Name Date: OR: (Notary Expiration & Seal) (Corporation seal) 29 [ITY OF DELRI:IY BEAI:H CITY AITORNEY'$ OFFICE ~00 ~w .~ ^v~$~. ~^~ ~^~., ~o.I~^ ~4~4 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 ~993 DATE: TO: FROM: SUBJECT: MEMORANDUM May 24, 2001 City Commission Susan A. Ruby, City Attorney Charter Revision Committee Writer's Direct Line: 561/243-7091 Ken Ellingsworth, Chairman of the Charter Revision Committee, has asked that the following items be placed on the agenda for Commission direction: If Charter changes are made, what ballot would the Commission like them to go on? November 2001 or March 2002? * Does the Commission want the Committee to review both the Charter and election ordinance? o Does the Commission want specific areas of the Charter to be addressed (i.e., date of elections, qualification to mn, term limits, etc.) or do they want the entire Charter and election ordinance to be reviewed? If the November, 2001 ballot is chosen, certain provisions for special elections apply: to Florida Statute §100.151 requires the City to get consent of the Supervisor of Elections. Florida Statute §100.342 provides that 30 days' notice must be provided of the election, once in the fifth week and once in the third week prior to the week of the election. C° The City Charter requires the adoption of ordinances with each ballot question which requires two readings. Therefore, October 1, 2001 would be an appropriate deadline to finish the drafting of all ordinances. Memo to City Commission May 24, 2001 Page 2 The City's Code of Ordinances also requires a resolution to be passed 30 days or more prior to the election. E. Additional moneys will be needed to fund the election. *The Committee has, per Resolution No. 37-01, a target date of November 1, 2001 to complete its work. I am providing a copy of the City Charter for your information and to assist you in your direction to the Committee. Please call me if you have any questions. SAR.'j~ Attachments David Harden, City Manager Barbara Garito, Acting City Clerk Ken Ellingsworth, Chairman, Charter Revision Committee Charter Revision Committee Members Charter Section ! .01 1.02 1.03 CHARTER TABLE OF CONTENTS DELRAY BEACH, FLORIDA ARTICLE I - CREATION AND POWERS · Establishment and Continuation of the City of Delray Beach Powers Construction 2.01 2.02 2.03 ARTICLE H - CORPORATE LIMITS Corporate Limits Boundaries and Territory of Greater Delray Beach Area Voluntary Annexation of Territory by Ordinance 3.01 3.02 3.02 3.04 3.05 3.06 3.07 3.08 3.09 3.10 ARTICLE III - LEGISLATIVE Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor, Succession to Office of Mayor Compensation and Expenses Qualifications of Candidates; Cessation of Qualifications during Tenure; Oath of Office Mayor, Vice-Mayor and Deputy Vice-Mayor; Power and Duties Prohibitions Vacancies; Forfeiture of Office; Filling of Vacancies Procedure Planning and Zoning Board and Board of Adjustment Alienation of Public Beaches Commission Investigations 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 ARTICLE IV - ADMINISTRATIVE-EXECUTIVE City Manager Appointment; Removal; Compensation Acting City Manager Powers and Duties of the City Manager Budget Procedure Supervision of Departments Legal Counsel Legal Counsel Appointment, Removal and Compensation Duties of Legal Counsel Charter Section DELRAY BEACH - CHARTER TABLE OF CONTENTS 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 ARTICLE V - ELECTIONS Electors Types of Elections Form of Ballots Elections Generally Returns of Elections Judge of Election and Qualification Special Elections Straw Vote Elections Recall 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 ARTICLE VI - INITIATIVE, REFERENDUM Initiative Referendum Commencement of Proceedings Petitions Procedure for Filing Referendum Petitions; Suspension of Effect of Ordinance Action on Petitions Result of Election 7.01 7.02 7.03 7.04 7.05 7.06 7.07 ARTICLE VII - TRANSITION SCHEDULE Continuation of Former Charter Provisions Ordinances Preserved Rights of Officers and Employees Pending Matters Obligation of Contracts Preserved Initial Salary of Commissioners Deletion of ObsoIete Schedule Items ARTICLE VIH - MUNICIPAL COURT 2 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~F~ AGENDA ITEM #/0 ~ - REGULAR MEETING OF JUNE 5~ 2001 ORDINANCE NO. 34-01 (AMENDING CHAPTER 32 DEPARTMENTS~ BOARD$~ AND COMMISSIONS DATE: JUNE 1, 2001 This is second reading and public hearing for Ordinance No. 34-01 which amends Chapter 32, "Departments, Boards, and Commissions", of the Code of Ordinances by modifying Section 32.07, "Membership Qualifications/Requirements" to include 'Members shall be residents of or own property in the City and/or own a business within the City and/or be employed within the City, except as may be provided for by Florida Statues, Spedal Act or elsewhere within the Code of Ordinances of the City of Delray Beach'. At the first reading, Commission unanimously approved this ordinance. Recommend approval of Ordinance No. 34-01 on second and final reading. Ref..Agmmao21 Ord.34-01 .Member(~aal~cationBoardsCommittees.06.05.01 ORDINANCE NO. 34-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", HEADING "GENERAL PROVISIONS"; BY AMENDING SECTION 32.07, "MEMBERSHIP QUALIFICATIONS/ REQUIREMENTS", TO PROVIDE EMPLOYMENT WITHIN THE CITY AS AN ADDITIONAL QUALIFICATION; PROVIDING A GENERAL REPEALER CLAUSE, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City desires to broaden its qualification requirements for City boards and committees to include persons employed within the City; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards, and Commissions", Heading "General Provisions", of the Code of Ordinances of the City of Delray Beach, is hereby amended by amending Section 32.07, "Membership Qualifications/Requirements", to read as follows: Section 32.07 MEMBERSHIP QUALIFICATIONS/REQUIREMENTS. Members serying on advisory boards or committees shall possess sufficient knowledge, experience, judgement or background necessary to competently serve the board or committee to which they are appointed. Members shall be residents of or own property in the City and/or own a business within the City and/or be employed within the City, except as may be provided for by Florida Statutes, Special Act or elsewhere within the Code of Ordinances of the City of Delray Beach. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby, repealed. Section 3. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 4. That this ordinance shall become effective upon adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,2001. ATTEST: MAYOR Acting City Clerk First Reading Second Reading 2 ORD. NO. 34-01 CITY ATTOR : ¥'S OFFICE DELRAY BEACH 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 Writer's Dire. ct Lin~: 561/243-7091 May 23, 2001 City Commission David Harden, City.__Manager Brian Shutt, Assistant City Attorney SUBJECT: Modification of Lighting Restrictions Regarding Sea Turtles County funds that are expended for dune restoration or shore protection projects within municipalities are contingent upon the municipality adopting an equally stringent or more stringent ordinance regarding lighting restrictions for sea turtles. The ordinance will bring the City's ordinance more into compliance with the lighting requirements of the County's ordinance, and are necessary for the City to continue to receive County funds for shore preservation or dune restoration. If additional changes are required by the C6unty they will be brought forward at a future date. The changes provide that lighting restrictions shall be in place from dusk to dawn rather than from 11:00 p.m. to 6:00 a.m. and shah extend from March 1, rather than May 1, until October 31 of each year. Our office requests that this item be placed on the June 5, 2001 City Commission agenda. Pleage call if you have any questions. CC: Barbara Garito, Acting City Clerk Dan Marfmo, Principal Planner Section 4. reading. That this ordinance shall become effective upon adoption on second and final of PASSED AND ADOPTED in regular session on second and final reading on this the ~ ,2001. day ATTEST: MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 35-01 CITY COMMISSION DOCUMENTATION TO: THRU: FROM: D ,~V~:)~.~A ~TY MANAGER PAUL DORLING, D(~R~CTOR OF PLANNING AND ZONING SCOTT D. PAPE, SEttlOR PLANNER SUBJECT: MEETING OF JUNE $, 2001 ZONING CHANGE FROM GC (GENERAL COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL) FOR A PARCEL OF LAND LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY~ APPROXIMATELY 920' NORTH OF LAKE AVENUE~ WITHIN THE NORTH FEDERAL HIGHWAY REDEVELOPMENT AREA. BACKGROUND The subject property consists of Parcel "A" of the Revised Rosedale Park plat and contains 1.81 acres. The property is located on the west side of North Federal Highway, approximately 920' north of Lake Avenue, within the North Federal Highway Redevelopment Area. At its meeting of October 8, 1979, the City Commission annexed the subject property with the GC (General Commercial) zoning designation. The property contained a mobile home park known as Arrow Trailer Park. The park has been recently demolished in anticipation of redevelopment. There have been no development proposals since annexation for the subject property. A conditional use application has been submitted to allow a full service vehicle repair facility at the subject property in conjunction with a "high-end" used automobile and new electric automobile dealership. The applicant has submitted an application to change the zoning district map designation from GC to AC to allow the establishment of an automotive dealership. Additional background and an analysis of the request are found in the attached Planning and ,Z. oning Board Staff Report. PLANNING ANDZONING BOARDCONSIDERATION At its meeting of May 21, 2001, the Planning and Zoning Board held a public hearing in conjunction with the requests. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. RECOMMENDED ACTION By motion, approve on first reading the ordinance for a zoning designation change from GC (General Commercial) to AC (Automotive Commercial) based on positive findings with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan. Attachments: P & Z Staff Report of May 21, 2001 ORDINANCE NO. 32-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 920' NORTH OF LAKE AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated August, 2000, as being zoned Ge (General Commercial) District; and WHEREAS, at its meeting of May 21, 2001, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY QF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District for the following described property: All of Parcel A of the "Revised Rosedale Park Plat Property of Joseph Serp" 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 15, Page 31, subject to the right-of-way of US Highway No. 1. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. P & Z Board Staff Report Rezoning from GC to AC for Autobahn Motors Page 2 ZONING ANALYSIS REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a General Commercial Future Land Use Map designation and is currently zoned GC (General Commercial). The proposed AC (Automotive Commercial) zoning is consistent with the General Commercial Future Land Use Map designation. The proposal is to redevelop the property for a used car and electric automobile dealership with full service automotive repair. Pursuant to the LDR Section 4.4.10(B)(2), within the AC zone district the sale, lease, or rental of automobiles are allowed as a permitted use. As the proposed vehicle repair is not associated with a full service automobile dealership, it is not a permitted accessory use. However, per LDR Section 4.4.10(D)(7) full service vehicle repair facilities are allowed as a conditional use. A conditional use application has been submitted for the associated full service automotive repair facility and is being processed separately. Based upon the above, a positive finding can be made with respect to consistency with the land use map designation. Concurrency: Concurrency as defined pursuant to ObJective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Water & Sewer: Water service can be accommodated via a service lateral connection to the existing 8" water main along Old Dixie Highway. Adequacy of fire suppression will be evaluated during the site plan review process. P & Z Board Staff Report Rezoning from GC to AC for Autobahn Motors Page 4 COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Policy A-2.4 - Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suits the community's future development, the following shall apply: Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. 3. Automobile dealerships shall not locate and/or expand in the following areas: Within the CBD zone district; West side of Southbound Federal Highway between George Bush Boulevard and SE 10th Street; East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; On properties fronting George Bush Boulevard, east of Federal Highway. However, on the east side of Federal Highway, south of NE 6th Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. ' 3. Rezoning to AC (Automotive Commercial) to accommodate auto · dealerships shall not be permitted west of 1-95. 4. Automobile dealerships shall be directed to the following areas: North of George Bush Boulevard, between Federal and Dixie Highways; East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; South of Linton Boulevard, between Federal and Dixie Highways; Between the one-way pairs (Federal Highway) from SE 3rd Street to th th SE 10 Street; and from NE 5 Street to George Bush Boulevard; On the north side of Linton Boulevard, between 1-95 and SW 10th Avenue, and along Wallace Drive. P & Z Board Staff Report Rezoning from GC to AC for Autobahn Motors Page 6 style of urban planning by placing the building along Federal Highway with the majority of the parking behind the building. Transportation Element Table T-1 (Street Network Classification and Improvements): According to Table T-l, the Federal Highway ultimate fight-of-way is 120'. It appears that the existing right-of-way is 100'-wide adjacent to the subject property. Based on the survey of the property, it is not clear that the eastern 20.23' of the property was dedicated to the public for right-of-way. In order to provide sufficient right-of-way, the applicant will be required to dedicate 10' to the Federal Highway right-of-way. Furthermore, the applicant will be required to provide documentation that the eastern 20.23' of the property was previously dedicated to the public. If not, the applicant will be required to dedicate eastern 30.23' of the property for Federal Highway right-of-way. The ultimate right-of-way width for Dixie Highway was 80'. In 1992, the County remanded maintenance responsibility for the road to the City and the City reduced the required right-of-way to 60'. Presently, only 40' of right-of-way exists along the subject property. Additionally, part of the Dixie Highway pavement encroaches into the FEC right-of-way to the west. In order to ensure that the minimum right-of-way is available for this road section, a 20' dedication is required, which will be acquired during the site plan review process. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A and E are not applicable. The applicable pe. rformance standards of Section 3.2.2 are as follows: (e) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. The proposed rezoning complies with this standard, as the property is located ,between Federal Highway and Old Dixie Highway, which are located east of 1-95. (c) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed AC zoning will not result in strip commercial development. The parcel is of sufficient depth to accommodate appropriate commercial development consistent with the North Federal Highway Redevelopment Plan. P & Z Board Staff Report Rezoning from GC to AC for Autobahn Motors Page 8 be That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement, which states the following: ~'l'he applicant wishes to designate AC zoning as a standard zoning classification on the site to allow for the relocation of Autobahn Motors, Inc. to the site. This request is of similar intensity for which the property is currently zoned and is allowed under the Future Land Use Map and is consistent with the objectives of the North Federal Highway Development Plan. The requested zoning would promote the redevelopment of the North Federal Highway corridor by providing a highly successful high-end automotive dealership to relocate to an area which uses are more compatible to the surrounding neighborhood. The proposed zoning is similar in intensity as allowed under the General Commercial Future Land Use Map designation and is more appropriate given the above circumstances. Given that the property is no longer non- conforming as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway fostered by the North Federal Highway Redevelopment Plan, it is appropriate to rezone the property to AC." Comment: The basis for which the rezoning is being sought most closely relates to Items "b" and "c". The applicant indicates that the North Federal Highway Redevelopment Plan has targeted the subject property for redevelopment as it added to the blighted conditions along North Federal Highway. Because of this targeted redevelopment effort, the circumstances have changed in the area, which support a zoning change to AC. Further, the North Federal Highway Redevelopment Plan recommends limited rezonings to stimulate redevelopment. In addition, the Comprehensive Plan policies related to auto uses directs these uses to this area. The zoning change is consistent with the GC Future Land Use Map designation and will be compatible with surrounding land uses along Federal Highway, which is an arterial road. The proposed AC zoning district is more appropriate to the subject property, as it will allow redevelopment with a use that will enhance the blighted property and is compatible with adjacent commercial uses. A positive finding can be made that the circumstances along North Federal Highway have changed and that the zoning district is more appropriate to allow redevelopment of the blighted property. P & Z Board Staff Report Rezoning from GC to AC for Autobahn Motors Page 10 REVIEW BY OTHERS The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community Redevelopment Agency At its meeting of May 10, 2001, the CRA reviewed and recommended approval of the rezoning request. ,,,,Adjacent Municipalities Notice of the rezoning has been provided to the Town of Gulf Stream. A response has not been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: [3 Kokomo Key [3 La Hacienda Homeowners Association [3 Seacrest Homeowners Association [~ North Palm Trail Homeowners Association [3 PROD [3 President's Council El Stanley Milosky Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT *AND CONCLUSION The rezoning from GC (General Commercial) to AC (Automotive Commercial) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposal is consistent with the North Federal Highway Redevelopment Plan, as it will provide the desired economic stimulation and investment in the area, and results in the redevelopment of a historically blighted property, which was not well maintained for many years. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Given the blighted situation as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC allowing the construction of an automobile dealership with a full service repair facility. AOUACR£ST POOL CF 7~NNIS COUR TS TANC,[ RIN£ WAY CANARY WALK FOOT FIELD ~ STR BOR TON VOL VO D£LRA 'KS LOST DRI~E-IN M.S.A TRACT PLUMOSA £LEMEN TAR Y SCHOOL CF N [ 16 I$'TH LAKE A~ENUIr N THE N E 12,'1'H (L&K[ AVE ) LAKE A'~:NUE S CITY Or DELRAY BEACH. FL PLANNING dc ZONING DEPARTMENT - REZONING - FROM. GC (GENERAL COMMERCIAL) TO. AC (AUTOMOTIVE COMMERCIAL) (FOR AUTOBAHN AUTOMOTIVE DEALERSHIP) -- ,~/GffA/. J~A,SE MAP SY~/'~M --- MAP RET I.I,4521 City Commission Documentation Meeting of June 5, 2001 Autobahn Lot Size Page 2 PLANNING AND ZONING coNsIDERATION The Planning and Zoning Board considered the waiver request at its meeting of May 21, 2001. The Board recommended approval (7 to 0) of the waiver to the 1.5 acre minimum lot area requirement. RECOMMENDED ACTION By motion, approve the waiver to the dealership to be located on the west positive findings with respect to LDR conditions: 1.5 acre minimum lot size for the Autobahn side of North Federal Highway, based upon Section 2.4.7(B)(5), subject to the following Attachment: [3 Survey I ORDINANCE NO. 35-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, CHAPTER 91, "ANIMALS"; BY AMENDING SECTION 91.51, "LIGHTING RESTRICTIONS ALONG BEACH", TO PROVIDE FOR A CHANGE IN THE DATES AND TIMES THAT ARTIFICIAL LIGHTING ALONG THE BEACH SHALL BE PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City is required to have regulations in place, that are as stringent as Palm Beach County Ordinances concerning the protection of sea turtles, if the City wishes to continue to receive funds from the County for dune restoration and shore preservation projects; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 91, "Aninaals", of the Code of Ordinances of the City of Delray Beach, is hereby amended by amending Section 91.51, "Lighting Restrictions Along Beach", to read as follows: Section 91.51 LIGHTING RESTRICTIONS ALONG BEACH. "BEACH" is defmed for purposes of this subchapter as being that land along the Atlantic Ocean extending either to the dune or permanent vegetation within the city limits. No artificial light shall illuminate any area of the beach which may be used for turtle nesting and hatchlings. In order to accomplish this, all lighting shall be shielded or screened so that the light is not a visible source from the beach during the night period from .¥_o_y March 1 to October 31 of each year. "NIGHT PERIOD" is defined herein as being that time ~o~ ~ ~ .nn ,, ,~ ,~, ..... ~, .~, ,~.nn ~ ,,, from dusk until dawn. Section 2. hereby, repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are Section 3. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competem jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. .) POLICE AND Board of Trus tees CITY OF DELRA Y BEACH FIREFIGHTERS RETIREMENT IOO N. W. lstAvenue De&ay Beach, Florida 33444 SYSTEM February 26, 2001 Dear Mr. Harden: As you know, the pension ordinance for the Police and Firefighters Retkement System contains provisions for a DROP. According to the present wording in the ordinance, the only investment vehicle for the DROP participants is the pension fund itself. At the February meeting of the Pension Board, a motion was passed directing me to request that the City consider amending the ordinance to change the investment vehicle used for the DROP participants. The Board recommends that a third party administrator who offers a selection of mutual funds in various asset classes be utilized. The General Employees Retirement Plan presently offers this option. Our intent is that participants presently in the DROP would be given the option of converting to the third party administrator or leaving their contributions in the pension fund. However, new participants in the DROP would be required to invest their contributions in the mutual funds offered by the third party administrator. This change would offer advantages to the City as well as to the participants. It would reduce the work-load of the Finance Department, because they would no longer have to supervise the calculation of investment returns for DROP participants. For the participants it offers a variety of investment options to meet their individual retirement needs. The Board has had preliminary discussions with two possible vendors who offer this service, ICMA, and Gabriel, Roeder, Smith. The ICMA representative has been asked to attend the March meeting to answer additional concerns and issues that members have raised. Would you please give this request your consideration? If you feel that an ordinance change is desirable, the board would appreciate the opportunity to have input in its construction. Please feel fi'ce to contact me if you need additional information. Sincerely, Bill Adams, Chairman Section 3. That this ordinance shall become effective ten (10) days at~er its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading this ,2001. of ATTEST: MAYOR City Clerk First Reading. Second Reading ORD. NO. 36-01