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district as it existed (a) If a FroFerty owner within the Fart of the district seeking removal of the designation determines that they want to retain the designation for their (O) Removal Procedures. (1) AFFlications for removal shall be made to the Historic Preservation Soard on an aFFlication form develoFed and aF~roved by the Soard (a) AF~lication for removal of a historic designation from Fart of a district maybe initiated by written request of: 1. a current survey of the district seekir~ removal FreFared within the last twelve (12) months b~ Historic Preservation Planning E xFe the National Park Service Professional Qualification Standards for Historic Preservation and Possessing a demonstrable level of historic Preservation exFerience and exFertise in South ORD. N0.09-08 Fart of the district may be removed in accordance with the Procedures in LDR Section 4.5.1 O . removed which includes said FroFert~T may not have the designation removed Lentil the tax exemFtion exFires Pursuant to LDR Section 4.5.1 3 . Florida developmental and architectural history (if none has been Prepared within the last twelve (12) months, then said owner(s) shall bear the expense for the survey); 2. a letter of iustification for the removal Prepared by the Historic Preservation Planning E xpert; 3. a curriculum vitae of the Historic Preservation Planning Expert that Performed the survey and Prepared the iustification letter above; 4. Photographs and addresses of all Properties within the part of the historic district for which removal of the designation is sought; 5. signatures of the mai on , of the Property owners within the part of the historic district seeldn~ removal. (2) The Historic Preservation Board; or (3) The City Commission which shall contain the followii~: (a) Proposed legal boundaries of the historic building, archaeolo 'cgi al site, structure, or district; (b) Analysis of the historic significance and character of the Propert~ies~ for which removal of historic designation has been sought. (c) A staff recommendation as to whether or not removal is warranted due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or Part of a district. (3) Upon completion and formal review of the report, a Public hearing shall be held on each Proposed removal of historic designation. Notice of said hearing shall be made to the owner(s) of the affected district at least ten (10~~Prior to the hearing b~gular mail. Additional notice shall be given in the same manner as Provided for a rezoning action [see ORD. N0.09-08 Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. N0.09-08 removal of the designation A maiority of the entire Soard present and voting, must act in the affirmative to transmit the recommendation for removal to the City Commission. The City re~uperT vote of four (4 votes. Rev. 3/14/08 VERSION 3 ORDINANCE NO. -08 (alt #5) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "PROCEDURES FOR REMOVAL OF HISTORIC DESIGNATION FROM A DISTRICT OR PART OF A HISTORIC DISTRICT", IN ORDER TO PROVIDE A METHOD FOR REMOVAL OF A DESIGNATION FROM A DISTRICT OR PART OF A DISTRICT; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 1633174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the CitS~ Commission of the CitS~ of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the CitS~ Commission of the CitS~ of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(N), "Procedures for Removal of Historic Designation from a District or Part of a Historic District", of the Land Development Regulations of the CitS~ of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (N) Procedures for Removal of Historic Designation from a District or Part of a Historic District: (1) The City Commission shall initiate the removal of a historic designation from a district or dart of a district and shall make a final determination in accordance with the procedures below. (a) A comprehensive surve,~~leted within the last five ~Lyears or less shall be considered including all structures within the boundaries of the entire historic district prior to removal of a historic designation of a historic district or an~part thereof. (b) The survey shall be conducted according to the following_ 1. The survey shall be or have been conducted b~dualified planning consultant or team (contracted through the Ci ,~ and meeting the National Park Service Professional Qualification Standards for Historic Preservation possessing a demonstrable level of historic preservation experience and expertise in South Florida developmental and architectural history 2. All surveys shall contain a detailed report to include an historical overview of the area in terms of both development and architecture. (c) Exception for properties receiving tax exemption: 1. If it is determined that a district or part thereof should have its designation removed. but properties within that area have received tax exemptions pursuant to LDR Section 4.5.1(M) as contributing structures within a historic district, the property owner shall apply to individuall~gnate their property pursuant to Section 4.5.1 (B) and (C). but if they do not dualifv for individual designation. then the district or part of the district being considered for removal may not have the designation removed until the tax exemptions expire~~pursuant to LDR Section 4.5.1(M~31. (2) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each survey and report and shall then prepare a removal of designation report which shall contain the following_ (a) Proposed legal boundaries of the historic building, archaeological site, structure, district or part of a district that should be removed; and (b) Analysis of the historic significance and character of the properties, which removal of historic designation is being considered. ORD. NO. -08 (c) A staff recommendation as to whether or not removal is warranted due r to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district. (3) Upon completion and formal review of the report, a public hearing shall be held on each proposed removal of historic designation. Notice of said hearing shall be made to the owner (~) of the affected district at least ten (10~~s prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action see Section 2.4.28)(1)(b)1 and b~ notice published in the newspaper at least ten (10L~prior to the hearing; provided, however,~osting pursuant to 2.4.28~1)(b) is not reduired. (4) After conducting the public hearing, if the Historic Preservation Board finds that the survey. report, and staff recommendation illustrate that the historic integrit<~ of the propert<~ has been irreversibly lost due to inappropriate development in the district or part of the district being considered for removal, it shall vote on the recommendation of removal of the designation. A majority of the entire Board,~resent and voting, must act in the affirmative to transmit the recommendation for removal to the City Commission. (5) The City Commission shall consider the recommendation of HPB in the form of an ordinance at a public hearing and shall make a finding as to whether the historic integrity of the property has been irreversibly lost due to inappropriate development in the district or part of the district being considered for removal based on the evidence presented at the public hearing. If and propert~~ owner within five hundred feet (500') of the edge of the proper ,~ being considered for removal and/or in the historic district wherein propert<~ being considered for removal is located objects to the removal of the historic designation, the City Commission approval of the ordinance allowing removal shall reduire a super majority vote of four (4) votes of the City Commission. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. ORD. NO. -08 PASSED AND ADOPTED in regular session on second and final reading on this the da~~ of 2008. ATTEST MAYOR CitS~ Clerk First Reading Second Reading 4 ORD. NO. -08 ^,''~ 4/29/08 VERSION 4 ORDINANCE NO. 09-08 (alt #6) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR INCREASING AND/OR REDUCING HISTORIC DISTRICT BOUNDARIES; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 1633174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the CitS~ Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the CitS~ Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(N), "Criteria for Redefining Boundaries of Historic Districts" and 4.5.1(0), "Procedures for Redefining Boundaries of Historic Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (Nl Criteria for Redefining Boundaries of Historic Districts: (1) A survey of all historic districts may be conducted by the Cit<~ every five (~ ~e (2) If a survey reveals that a dart of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once dart of a Matted lot that touched the edge but has been subdivided has had its historic integrity irreversibly compromised due to ina~ro~riate development, then the offending art of the district ma~~ be removed and the boundar~~ lines of the historic district reduced to reflect the removal in accordance with the procedures in LDR Section 4.5.1(O~ (a) If a ~ro~ertt~ owner within the dart of the district seeking to reduce the boundaries determines that the~~ want to retain the historic designation for their ~ro~ert~, then they may a~lv to individually designate their pro~ert~~ursuant to LDR Sections 4.5.1 (B) and (C). If a ~ro~ert<~ has received a tax exemption pursuant to LDR Section 4.5.1( as a contributing structure within a historic district but does not duali ,~ for individual designation, then the dart of the district seeking to be removed from the district which includes said ~ro~ert<~ may not be removed until the tax exemption expires pursuant to LDR Section 4.5.1(M~3~. (3) If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures in accordance with the procedures in LDR Section 4.5.1(O~ (O) Procedures for Redefining Boundaries of Historic Districts. (1) A~lications for redefining boundaries of an historic district shall be made to the Historic Preservation Board on an a~lication form developed and a~roved by the Board. (a) An a~lication for redefining boundaries of a historic district may be initiated by written reduest o£ 1. The Historic Preservation Board at any time so long as a City- initiated surve~~ has been consulted that was performed within five (5) years or less: 2. The City Commission at any time so long as aCity-initiated surve~~ has been consulted that was performed within five (5) years or less: or ORD. NO. 09-08 3. Anv owner(sl of ~ro~ert~iesl within a historic district as long as they initiate the process within a twelve (12) month window from the date of the last Citt~-initiated survey a. If an owner(sl of designated ~ro~ert~iesl seeks to redefine the boundaries of a historic district, then they shall provide: i. ~hotogra~hs and addresses of all ~ro~erties that will be either removed from or added to the historic district and; ii. signatures of seventy-five percent (75%1 of the property owners that are located in the area that will be removed from or added to the historic district. 21 The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each a~lication seeking to redefine the boundaries to determine if it generall~~ conforms with criteria for redefining boundaries provided in Sections 4.5.1(N1~21 and 4.5.1(N1~31. The Planning and Zoning Director or his /her designee shall then ~re~are a report which shall contain the following_ (al Proposed revised legal boundaries of the historic district; (bl Analysis of the historic significance and character of the ~ro~ert~iesl to be added or subtracted from the historic district. cl A staff recommendation as to whether or not the boundaries should be reduced to remove ~ro~erties due to irreversible loss of historic integrity as a result of ina~ro~riate development within a historic district or dart of a district or whether or not the boundaries should be expanded due to an increase in contributing structures adjacent to the district. 31 Upon completion and formal review of the rebort_ a public hearing shall be held. Notice of said hearing shall be made to the owner(sl of all ~ro~erties within the subject historic district and the owner(sl of all ~ro~erties within five hundred feet (500'1 of the properties to be added or subtracted at least ten (10~~~rior to the hearing b~regular mail. Additional notice shall be given in the same manner as provided for a rezoning action see Section 2.4.2(B1(11(b11 and by notice published in the news~a~er at least ten (101 days prior to the hearing, provided: however,~osting~ursuant to 2.4.2(B1(11(bl is not reduired. (41 After conducting the public hearing, if the Historic Preservation Board finds that the a~lication to redefine the boundaries fulfills the ~ro~er criteria to add or subtract ORD. NO. 09-08 properties and all procedures have been followed correctly. it shall vote on the recommendation to increase or reduce the boundary lines of the historic district. A majoritt~ of the entire Board, present and voting, must act in the affirmative to approve the application seeking to redefine the boundaries. The decision of the Board, whether the application is approved or denied, shall then be transmitted to the Cit<~ Commission. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures, except that if andproperty owner within the subject historic district or within five hundred feet (500') of the edge of the propert<~ seeking to be added or subtracted from the historic district objects to the new boundaries of the historic district. the City Commission approval shall reduire a super majority vote of four (4 votes. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR CitS~ Clerk First Reading Second Reading 4 ORD. NO. 09-08 ^~ ^,''~ 5/28/08 VERSION 5 ORDINANCE NO. 09-08 (alt #7) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR A CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION; PROVIDING A SAVING CLAUSE, A GENER.AI_. REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 1633174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the CitS~ Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the CitS~ Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(N), "Criteria for Redefining Boundaries of Historic Districts" and 4.5.1(0), "Procedures for Redefining Boundaries of Historic Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: (N) Criteria for Change of Historic Designation and/or Classification: (11 A survey of all historic districts may be conducted by the Cit<~ every five (~ years. The survey report may recommend changes to the historic designation and/or classification of ~ro~erties located within or immediately adjacent to a designated historic district. (a) Criteria for Removal from a Historic District: If a survey reveals that apart of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once dart of a Matted lot that touched the edge but has since been subdivided has had its historic integrit~~ irreversibly compromised due to ina~ro~riate development as determined by the survey consultant, then the offending part of the district maw removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(O~ 1. If a ~ro~ert<~ owner within the dart of the district seeking removal from the historic district desires to retain the historic designation for their ~ro~ert~ then the~~~1 individually designate their ~ro~ert<~ pursuant to LDR Sections 4.5.1(B) and (C). If a ~ro~erty has received a tax exemption pursuant to LDR Section 4.5.1(M) as a contributing structure within a historic district but does not dualif~~ for individual designation, then the dart of the district seeking to be removed from the district which includes said ~ro~ert<~ may not be removed until the tax exemption expires pursuant to LDR Section 4.5.1(1VI~31. b) Criteria for Change of Historic Classification: If a Cirn-initiated survey conducted within the last five (5Lyears reveals that a ~ro~ert~ within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised in accordance with LDR Section 4.5.1(0) and shall be determined as follows: 1. The survey recommends the inclusion of an additional "Period of Significance". which would reclassify properties from non- contributing to contributing, or: 2. The survey recommends that a propem~ or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from contributing to non- contributin~. (c) Criteria for Expansion of a Historic District: If a survey reveals that a historic district should expand its boundar~~ lines due to the increase in ORD. NO. 09-08 structures deemed to be contributing, then that historic district mad redefine its boundaries to include the adjacent contributing structures in accordance with LDR Section 4.5.1(O~, or a new historic district maw created to incorporate those identified ~ro~erties in accordance with LDR Section 4.5.1(C). (O) Procedures for Change of Historic Designation and/or Classification. (1) Procedures for Removal from or Expansion of a Historic District: Applications shall be made to the Historic Preservation Board and ma~~ be initiated by written reduest o£ (a) The Historic Preservation Board based upon the recommendations of a survey completed within five (5) years prior to the a~~lication: (b) The Cite Commission based upon the recommendations of a survey completed within five (5) years prior to the a~lication: or (c) Any owners of a ~ro~erty to be removed or added based upon the recommendation of a Cit<~-initiated surve,~~leted within twelve (12~ months or less prior to a~lication. A~lications submitted b~pro~ert<~ owners shall include: 1. ~hotogra~hs and addresses of all ~ro~erties that will be either removed from or added to the historic district and: 2. signatures of at least seven ~-five percent (75%, of the ~ro~ert~ owners that are located in the area that will be removed from or added to the historic district. (2) Procedures for Change of Historic Classification: A~lications to change the historic classification of a ~ro~er ,~ or ~ro~erties within a historic district shall be made to the Historic Preservation Board and may be initiated by written reduest of: (a) The Historic Preservation Board based upon the recommendations of a City-initiated survey completed within five (5) years prior to the appfication: or (b) The Cit<~ Commission based upon the recommendations of a Cites initiated survey completed within five (5) years prior to the a~~lication: or ORD. NO. 09-08 (cl Anv owner(sl of a ~ro~ert<~ to be reclassified based upon the recommendation of a Citt~-initiated surve~~leted within twelve (12~ months prior to the a~lication. A~lications submitted b~~erty owners shall include: 1. ~hotogra~hs and addresses of all ~ro~erties that will be reclassified as contributing or noncontributing; and 2. signatures of at least sevent<~-five percent (75%1 of the owners whose ~ro~erties are to be reclassified. 31 The Planning and Zoning Director or his /her designee shall conduct a preliminary evaluation of the information provided on each a~lication to determine if it generally conforms with criteria in LDR Section 4.5.1(N~11. The Planning and Zoning Director or his/her designee shall then ~re~are a report which shall contain the following: (al Change of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the ~ro~ert~iesl to be removed from or added to the historic district; and 3. A staff recommendation as to whether or not the broberties should be removed due to irreversible loss of historic integrit<~ as a result of ina~ro~riate development within a historic district or dart of a district or whether or not the additional ~ro~erties should be added to the historic district due to an increase in contributing structures adiacent to the district. (bl Change of Historic Classification: 1. Anah~sis of the ~ro~erties to be reclassified; and 2. A staff recommendation as to whether or not the ~ro~erties should be reclassified due to either: a. loss of historic integrity as a result of irreversible alterations to a contributing~ro~er ~; or b. inclusion of an additional "Period of Significance" der the survey recommendations. (41 Upon completion and formal review of the report. a public hearing shall be held. Notice of said hearing shall be made to the owners of all ~ro~erties ORD. NO. 09-08 within the subject historic district and the owner(s) of all properties within five hundred feet (500') of the affected properties at least ten (10L~prior to the hearing b~regular mail. Additional notice shall be given in the same manner as provided for a rezoning action see Section 2.4.2~,~1)(b)1 and by notice published in the newspaper at least ten (101 days prior to the hearing. provided: however,~osting~ursuant to 2.4.28~1)(b) is not reduired. (5) After conducting the public hearing, if the Historic Preservation Board finds that the application fulfills the proper criteria and all procedures have been followed correctly, it shall vote on the recommendation. A majority of the entire Board, present and voting, must act in the affirmative to approve the application. The decision of the Board, whether the application is approved or denied. shall then be transmitted to the City Commission. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures, except that if an~propertt~ owner within the subject historic district or within five hundred feet (500') of the edge of the propert<~ seeking a change of historic designation and/or classification objects_ the Citv Commission approval shall reduire a super majority vote of four (4 votes. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2008. ATTEST MAYOR CitS~ Clerk First Reading Second Reading ORD. NO. 09-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 30, 2008 SUBJECT: AGENDA ITEM WS.4 -WORKSHOP MEETING OF .TULY 8, 2008 DISCUSSION/RENEWAL GOLF COURSES AND TENNIS CENTERS MANAGEMENT AGREEMENTS ITEM BEFORE COMMISSION Commission is requested to provide direction on the request received from Sharon Painter, CEO, JCD Sports Group, to renew management agreements for both Golf Courses and Tennis Facilities for another four (4) year term. BACKGROUND The management agreements for the Golf Courses with JCD Sports Group and the Tennis Facilities with Dubin and Associates will terminate on September 30, 2008. The existing contracts do provide for renewal for another four (4) year term at the sole discretion of the City. Attached is a letter received from Sharon Painter, CEO of JCD Sports Group requesting the renewal of both management agreements. She is proposing renewal with no increase in the base fee for the four (4) year term. Other terms and conditions would remain the same. The management fee for FY07-08 for the two (2) Golf Courses is $150,000 annually and the Tennis Facilities fee is $47,000. In the past years the base fee increased by approximately 2.2% per year for the Tennis Facilities and Golf Courses. Copies of the current contracts are attached. RECOMMENDATION Staff supports the renewal as requested. If Commission concurs contracts will be prepared for approval for the July 15, 2008 Commission meeting. Golf & Tennis Management, Development & Consultation A Division of Dubin 6 Associates June 18, 2008 Mr. David Harden City Manager 100 N.W. 1St Avenue Delray Beach, FL 33444 Dear Mr. Harden, RECEivE~ JUN i 9 2006 CITY MANAGEF~ I am writing to request the City of Delray Beach renew the option on the current agreement with BJCE, Inc. for management of Delray Beach Golf Club, and Lakeview Golf Club and the agreement with Dubin & Associates, Inc. for the management of Delray Beach Municipal Tennis Center and Delray Beach Swim and Tennis Club. With regard to the contract renewal amounts, the proposed base monthly rate will remain the same as in the current contract year with no increase for the entire term of the renewal. Other terms and conditions will remain the same. The non-increase in the base payment is our effort to assist with the City's fiscal initiatives in this difficult economic climate. As a partner with the City, we understand the economic impact it's currently facing. Sincerely, ~~~~~ Sharon Painter CEO cc: Mr. Bob Barcinski, Asst. City Manager 1300 Park of Commerce • Suite 272 • Delray Beach, FL 33445 • (561) 265-0255 • Fax (561) 265-2752 F , r OCTOBER 1, 2004 • ~. TABLE OF CONTENTS Incorporation of Recitals 3 Agreement to Qerform Work 3 Services 3 Term of Agreement 3 Termination 3 Payment 4 R~imbu.rse~bfes 4 Availabitity of OoRnpany/Employees 4 Per#orr~ance Bonus 5 Lieen~ed ©r Registered Personnel 5 Designated..Representative 5 Perfom~iar~ce ~ 5 t'ub:I~c,F~ecords haw 8 Insurance s Taz €xempt Status 8. Purcf=1~?~ 7 A~c~t~alfc.B~vera~e Lir.~nse 7 ~uc~es,~~rs`~nd.::Ass+grrs 7 D~struction'of Fa~i~it}es; Force Majeure 7 Natives 8 I~rid~~p:~rid+~t Contractor 8 Inde.m~iti~ation 8 ~;ind~ng :~tfiect 9 Americ~me~ts 9 T~tird Parfies~ 9 Venue ~ 9 Entire Agreement 9 Exhibit "A" 9 3 2 G "PHIS AGREEMENT ('The Agreement") is made this alb day of , 2004 by and between the CITY OF DELRAY BEACH, a Florida Munici-pal Corporation (the "City"), and BJCE, INC.: (hereinafter called "Company"). , WITN'ESSETH: WHEREAS, the Company responded to a Regoest for Proposals (RFP) for the management of the Delray Beach Golf Club ("Municipal Course") 2nd the Lakeview Golf Club ("Lakeview Course"); together referred to as "Courses°; and . .WHEREAS, the terms of the RFP .shall be incorporated into this management agreement; and WHEREAS, the City. has determined it-is in the public interest to crater into this management agreement with Corn:pany. NOW THEREFORE, for good and valuable consideration, the receipt and suffcien.cy of wh:ieh arehereby acknowledged; the parties hereby agree; as follows: 1: lncorporat'lon pfRec~ The :parties hereby represent and warrant that the above recitals are accurate and correct and the recitals are hereby incorporated- as if fully set forth in thin Agreement. 2. Agreement to. Perform Work. Clty agrees to retain Company to render cartain professional serv~ees (hereinafter the "'Services")and to pay for the .perFormance . of such work on and under the conditions which are set forth in this Agreement, and Company agrees to perform such.Services to the re2sonabfe satisfaction of the City and to accept full payment as is set forth in this Agreement. 3. Services. The services shall generally consist of those services more particularly set forth in exhibi# "A" which is attached hereto and incorporated as if fully set forth herein. 4. Term of Agreement. This agreemen# will commence on October 1, 2004 and terminate on September 30, 2008. -This agreement maybe renewed for another 4 year term, upon the sole discretion of the City. 5. Termination. This agreement .may be terminated by Company with or without cause by giving the City ninety (90) days written notice in advance of the date of termination. Upon termination of this Agreement, the City shall remit, after review and '3 approval of all receipts and itemizations, any outstanding reimburseables incurred by Company prior to termination of the agreement. This Agreement may be terminated by the City with or without cause by giving the Company ninety (9'0) days written notice in advance of the date of termination. 6. Pa. m n . The City shall, pay Company ,for the performance of work at a base monthly rate payeble at.the first of the month in the fallowing amounts: October 1, 2004 to September 30, 2005 - $42;0:00.OO.per month October 1, 20Ob to September 30, 200fi - $12,250.00 per month October ~, 20.06 to. September 30, 2007 - $12,500.00 per month October :1., 2007 to September 30, 2008 - $12,750:00. per month 7. `Ftgiitn.bu~eables. The .City shall accept and pay the actual cost of ceimbu.rseables as follciws: (a) Payroll costs for Company's employees who are working full-time or ,part-tirr~e at the Courses. The payment of such payrocl costs is subject.to this City M:anager's, or his designee's prior approvac, aril .only such approved costs shall be paid; (b) AN insurance premiums as required under pat~agraph 14 of this agreement; (c)Pre-approved travel expenses; (d) Miceag~ at the current City rate per mile; .. {e): Telephone,. maic,..facsiml`e and pre-approved miscellaneous out-of-.. pocket expenses. Company shall itemize aN expenses and submit receipts to show proof thereof. Such expenses, shall be billed by Company at cost on a monthly basis. 8. Avai~abicty of Company- and Employees. During the term of this Agreement, Company and its employees, and/or its represen#ative shall be available to perform the Services as may be required ~to accomplish the Services in the .manner, required by this Agreement, Company and its employees, and/or its representative shall be available for consultation ~ during the hours normalcy worked by City's employees unless otherwise agreed -between City and Company, and in special circumstances. .Company and its employees, and/or its representative shall also be aveilabie~ to City during evening meeting hours and other reasonable times when required by City. Company and its employees shall also be available to fully .staff the 4 Municipal Course and Lakeview Course in times .requested by the City, which the City determines in its sole and absolute discretion is advantageous to the City due to emergencies, disasters or any other reason required by the City in order to assist the officers, agents, employees, residents and others as determined by the City. Such assistance could include, but is not limited to, providing food and shelter to City employees and others at the dates and times specked by the City, as .determined by the. City, in its sole discretion. 9. Perfor~arace Bonus. In addi#ion to the base paymentprovided for in #his Agreement, Company shall be eligible to receive a yearly fixed bonus payment on or before D:ecernber 1st of each year. The pe.rforman~ce bonus payment steal! be contingent upon accomplishing specifc yearly goals and obJ~ctives as agreed: to by Company aid the City Manager in. writing a.nd approved by the City CornFratssion. The prapesed perFom~tahCe measure must be submitted by .the Company to the Ctty M;~na~8r~for fieview o.n a, yearlybasi~ by Jury 4~ of the year preceding the year in which the bartus is to be .paid: n any event,, the standard aggregate bonus .paid to company. in any one :year, sl:~all not exceed- 15% of the base. fee prodded for iranaging the Courses. lr• no event will: the yearly fxed bonus be ,based on net .profits or a combinatign of gross revenue and expense tecgets. Corri~any shall also submit a. marketing business :plan on a yearly basis, by July 1 ~ of the: year preceding the year in which the plan pertains to, to the City Manager for :~ .. PP y ty .. ; his review and a rovaF~ th~e-Ci ~ °Commiasion. ` ~ , _, 40. Licensed. ,or Registered. Personnel. All services to be rendered by Company under this Agreement, which are required bylaw to be performed by or under the direction of a duty licensed or registered professional, shall be rendered .in compliance with such requirements. 41. Designated Rep.cesentatiwe. All of Company's recommendations, reports and certifications are to be routed through the City Manager or his designee. Company shawl designate Brahm Dubin as its representative for~this Agreement. 12. Performance. During the term of this Agreement; Company shall, to the best of .its ability, design, inform, suggest, advise and render ail services that might be requested by City or which may be appropriate in respect to the Services an a timely basis, as required by City to meet project timetable needs. City shall have the right to 5 make use of same in its business at any time as it may desire. without further payment to Company, other than that specifically stated herein... All reports and other documents furnished by .Company in the course of or as a result of performing the Services shall be the properly of City and may be used by City for any purpose whatsoever. 13. Public Records. Law. Company shall be required to cornply with the Florida public records law to the extent that it may be required to ~mpay with such law. 14.. 1ns.~trahce. Company shall provide the City with ins~~rance certificates which coverage shall be maintained throughout the: term of this Agreement showing the following minimum insurance coverage: Cncrae and,~Emptoyee l~ishon.esty Insurance: Minimum limits of $500,00.0 per occurrence. 1No~ers Co, rp{~e~~~ti4n; Coverage :with Sta#utory Limits foc. coverage "A° and lir~lts ~of a minimum of $~;©00',0001'ar Employers Llab"rlit~r. a~pneral #~~tZtl~#y I~urarrce: M~namt~m lirr~it of - $1,OQQ;D00~ per occurrence and $~,OOb;400 iri ~l~e aggxegate ararau~tly, providcf coverage for Prens~s .and Operatior~S, Prodvcts_ :and Com#~iete~ Ope~atiorfs; l=ire Legal Liability, and Petsrir~al.and Advertising injury LiahkY#y. Automobile Liab~l~#y: `Fo .any owned or nan-ourrned vehi~le~., witk~ minrmum Iirnits of ~1,f~C~~fi,000:per~occurrence. Po11ut8on Liability: Minimum limit of $1,000,1)00 must be, maintained, All utsurartCe :policies ;must be obtained:;thtough .in urance companies that~.are- authorized fo ..transact business in the State of Florida by the Department of Financial Services; and.they mus# carry a minimum rating of A.M. Best of A- as to management and VII as to financial size. . 15. Tax Exempt:Status, It is recogc~ized by Company that the City's Municipal Course has been financed with proceeds. of tax exempt debt and may be re- financed from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of govemmenta ly owned facilities constructed with tax exempt debt, such as a .golf course, in order to maintain the tax exempt status, of the debt issued to finance the same. "this Agreement shall automatically terminate, wi#hout any required ,notice by the City, if any payment required to be made under the provisions of the Agreement with the City would, together with any other private use payments made or required to be made by any other entity(ies) or person(s) for the use 6 of the Municipal. Course or related facilities, adversely affect the exclusion from gross income for federal income tax purposes on any interest obligation (herein "negative tax consequences"} of the City issued to finance or refinance the municipal. golf course or any part thereof: Such a termination shall not constitute a :default on the part of either party to this Agreement. Upon such termination, it is the intent of the parties hereto to enter into a hew agreement which would contain different or modified payment terms and/or amounts acceptab#e to both of the parties hereto, and which, in the opinion of the City's.bond counsel, would not have negative tax consequences. 16. .Purchase. Ali purchases of equipment or supplies for the operation of the Courses shall. be made by the City's Purchasing Department. 17. Alcoholic ~evera,ge •Li~ense. The parties .agree .that City, will pay all costs, fees and exper4s~s a$soct~ted with maintaining the alcoholic. beverage 'licenses. At the time of the termination'of .the 11Aana:gerr~ent Agreement, Company shall transfer the .alcoholic beverage license to the .City. The cost for the transfer, of #he- alcoholic .beverage iibense shah be paid for by City. City will be responsible for thin remtitahce of sales waxes on a monthly basis #o the Mate of Flori°da; including all 4atE fees and penalties, which the State of Florida may assess. with respect to: the. alcoholic beverage license. . Company sha#I ensare, that a#I federal, state.and local-'laws relating to:the use of ... ,,the alcoholic~beve:rage license are camplied`wi#h; ,.>. :. ~... _. :;.. ,. ., : . 18. Successors :and Assiuns. Company shah not assign or transfer its interest in this. Agreement without the prior written consent of City, which may be withheld for no reason or any reason the City, in :its, sole. discretion, believes is in its best interests. The foregoing natwithstand`ing; this Agreement shall be binding upon and inure to the benefit of .each party's successors and assigns. 19. Destruction of.Faci[ities; Force Maieure. in the event the facilities, loca#ed at the Municipal Course or Lakeview Course, or major part thereof, shall be destroyed or substantially damaged by. fire or any o#her cause,. or if any other casualty or any unforeseen occurrence, as determined by the City, then this Agreement may be terminated immediately by the City, in its sole 7 discretion. The City in its sole discretion may determine that it:will not rebuild or repair the facilities. in the event that a weather related emergency or natural disaster or other emergency occurs, that does not destroy the facilities, but either effects the use of the facility by the public or the City or effects other areas of the City to such an .extent that the City does not desire that the courses be operated for golf related activities, the City may immediately terming#e this Agreement or continue with the Agreement thereafter at its sole discretion.. The ,use of the facilities for other purposes will notbe a. breach of this Agreement. ff the Gity decides to terminate this Agreement, Company shall submit any outstanding invoices, to the City within 30 .days. of such termination.. The City sha l provide notice to Company of such termination as provided by Paragraph 20. 20. N~-~,.t'~,~~~.,es-. Alf notices required or desired to be given under this Agfeement shell. be in writrng. and da1`ivered in person or ttansrnitted certified mail, return rerreipt requested, postage prepaid addressed to the :pasty to be noticed, and:.shall be-deemed to have ;bean delivered. three (3) days. attef deposit in a post office or` letter ;box :in the above manner. To City: City~of Delray Beach 1 ~O N.W. 1 St Avenue Defray-Belch, f=L 33444 To Company: - B.J£~,.lnc. 1300 hark of Commerce, Suite 272 betray beach, FL 33445 21. Independent .contractor. Company, ,its employees, volunteers and ag. ents shall be and remain independent contractors ana not ggertts or employees of the City with respect to all of th.e acts and services performed by and under the terms of ;the Agreement. This Agreement shall in no way be construed. as creating a partnership, association or any other kind of joint. venture or undertaking betweEn the parties hereto. 22. indemnification. Company agrees to indemnify, defend and hold the City, .its off.cers, agents, employees and assigns, harmless from any loss, damage, liability, negligence, cause of action, or claim, excluding any damage occurring to the City's real 'or personal property, arising from the negligent, reckless, intentional or. malicious acts; or omissions of his employees, agents, volunteers and assigns and from the operations of the Courses. 8 23. ~Bindirtg Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the beneft of, and be enforceable by, the parties hereto and their respective heirs,.successors, legal representatives, and permitted assigns. 24. .Amendments. "Phis Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 2S. Thl.cd 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 Agreernerit intended to relieve or discharge the obligation or Liability of any third persons o any party to this Ag.reerx~erit, nor shall any-, provision thereof give .any third .person arty, right of subrogation or.actio~n over or against 'any party to this Agreement.: 26._ V~,ert~ue Any. action brought to enforce the prc~Visio~s of this Agreertaent shall .be bro`eght. in" a cart of competent jurisdiction in Palm Beach County, Florida. 27. ~ntir~ AgreRrtlent. Theis Agreement shall :constitute the entire agreement of the .parties with respect to the subject. matter of it. AN prior understandings and agr~emerits .be#ween the parties wi#h respect to such matters are merged into this Agree~en#, which alone fully and cocnpletelyexpresses~their understahdiRg. IN WLTNESS Wli'EREOF, the parties hereto have caused this Agreement to be ,... duly cc~~ i l executed;on their behalf this v'4 day of , 2004. ATT~$T: THE CI Of B ACM., ~~~City:.Cl~rk ~ e P an, Mayor Approved as to form: ~ `~~~ .City Attorney BJCE, INC. By: ~~p (~ ES ~~rr Brahm Dubin, President 9 (SEAL) STATE OF FLORIDA ) ss: COUNTY OR PALM BEACH ) The foregoing instrument was acknowledged before me this day 'of 2004 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the .corporation. He/She is personably known .to .me or has produced (type of identification) as identification and d.id (did not) take an oath. (OFI=ICIAL NOTARIAL SEAL) Notary Public #ate. and County A#oresaid My Cornnission Expires: 10 EXH1'BIT "A" The scope of the work will include but will not be limited to the following: Administration: Provide administrative oversight of all key operating areas such as turf rraanagemenf, golf profasslonal services, food and beverage operati©ns and. facilitiees maintenance shall be provided to ensure that the facility is operated.at a'frs# class level for daily fee operations _and consistent wi~th.levels expected of other city:facili~ies. Supervise and direct the administration of all golf course operations; including, but~not limited to, the timely operation, completion andror provision of the following: • T#~e coflection, deposit and reporting, of'reverwe;. • The procur~men# of ar~d payment authorization forma#eriats. and services; #art+er's servi:ces;.rr~arshaling. services and driving range management; • Golf merchandise sales, rentals and repair,,golf tournament management; ~un~ior golf prograrnrnng,.go1i' lessons ;and clinics prograrnrn.ing; artd ahe storege and' re.parof itetrts related to the.game of golf; • .Food. and beverage operation., room- rental, catering and banquets; provision of .meeting space; Turf grass" management, general supervision 'flf the golf course acid th:e pre.par~tion of grounds for daily play; and • Any incidental. services in as may be directed. The Managernerat .Company shall hire; train, evaluate and fire all personnel necessary #o operate and maintain the golf courses and restaurant/banquet facilities. The Management Company will have full authority over all personnel decisions and. they shall be employees of the Management Company. The Management Company shall respond to customer .inquiries and complaints received directly or through the City Manager's office in writing within seven (7) days of receipt. Acknowledgement of the customer-inquiry or complaint is required vVithin 48 hours of receipt. 11 Make recommendations annually. for maximum .fees and rues for golf, bag storage,"range, locker and club rental, to include annual permit fees. It is not the City's objective to maximize rounds played. Complete annual fee and rate market analysis. Make recommendations related to operational policy. Fi:n . • Prepare an annual business plan which will include an operating and capital budget as weltas a marketing p1a'n for review by the "City Manager ih" accordance with City budgef submittal .requirements. • Prepare a five (5) year Capital Improvement budget annually for review by the City Manager in accordance nth"City budge# submittal rt,quirerr~ert#s. • Prepare and process requ#sitfgras for. procurerx~ent of s~ppHes, : matena.ls, . equ~prnent, services artd ca~ita# items in .~cc~rt4ance with the City polrci~s and :p~QCedu~e, • Prepat~e: bid specifications for supplies, materials, e"qulpnient, s~rvlces and ca{~ital items. as nay be required: • Maintain a petty cash "fund in accordance with. City policies and procedures. • Manage and maintain a computerized point of Gale computer system and cas#~ register system for.both:g_olf. and restaurar-fitbanquet operatiions. ,. • On a daily basis deposit all gross revenues in account of and to the credit ofi tfie City without regard to any adjustments that may be made. • Perform monthly inventory counts, as may be required to .ensure .proper accountability. • Ensure that adequate internal control systems are in place in all areas of the operation. • Perform monthly audits. of cash. Operations and Ma#ntenance: • Provide routine "janitorial (daily) and building maintenance services as required. • Provide routine preventive "maintenance services as requested. 12 ~ . • Ensure other structures, equipment and irrigation systems are maintained and repaired as needed .including restaurant furniture, fixtures and equipment. • Maintain golf course and other common areas at a first class level quality of maintenance. • Develop and implement. fret class quali y turf management programs that are sensitive to environmental conditions to ensure quality playing conditions. • Perform agronomic evalu.atio.ns of the course on an as .needed basis. • Operate and maintain the restaurant/banquet opera#ions in accordance witfi all federal, state, .and. local, government laws., regulations, including health department reguiatio.ns anal state liquor board regulations. • Op~r~te ~ . f<lii ,service restauran#.. in accordance with th.e terms and conditions of the ~a:[cotiolic beverage license. • Maintain. pro-sfiop ~nv~ntory to ~ensufe cust~amer needs are met. • keep a perpetu~l.inventory.of merchandise for resale. • . Pr'ovid.e golf club clearing services. • Provide .pick-tip and delivery services. of gai# clubs and bags to and from the big dTOp-.jiff area. . • Provide, at the ,golf course, a golf handicap service. .... • Provide club rental services • Provide golf cart preventive maintenance and ensure carts are clean, safe and fully operational on a daily basis. Mar'keti:na and. Pr©motions: • Develop and conducfi youth programs and clinics which meet the needs of the customer. • Develop and implement golf teaching programs. • Prepare and submit an annual marketing plan for City approval as part of the annual business plan. • Promote' and develop a wide variety of events and. programs, including junior golf, charity events., and programs for underprivileged youth. 13 • Develop advertising and promotional materials for both golf and restaurant/banquet operations. Other: • Provide monthly reports to include, but not limited to, fr•anciai information, . utilization rate, maintenance highlights, prograrr~ data, and .marketing/promotional initiatives in a format as may be prescribed by the City, • Ensure security and.: protection of`all .assets, #ncl.uding Cif)r funds. • Provide, response and backwp response to answer alarms during all Mours of the day: • Make recommendations and assist the City in planning and.implen~enti.ng cspita# improv~rn~n#s: • Conduct all operations. and activities to comply with safety regvlat7ons and stan~arc#s: • C-nsure rompl~ancae with all enuiror~mentai and natura# resources laws, regulations -and :permits.. . 14 ..~ ~ ~ Y OCTOBER 9 , 20()4 ,.. .. :. ,y TA, BLE OF CONTENTS Incorporation of Recitals - Agreement to Perform Work Services Term of Agreement Termination Payment Reimburseables Avalab'rtity of Company and: Employees Performance Bonus . Licensed .or .Reg:istered Personnel Designated :Representative Performance Pubic Records Law Insurance Tax Exempt Status Purck~ase Alcoholic Beverage License ~u~ccossors ar~d Assigns C~estrr~cfon. of facilities f~l~tices l~ndep~nder~t Contractor indemniFcation Binding Effect Amendments Third Pat#ies Venue Enfire ~4greement Exhibit "A" 2 (tfie "City"), and DUBFN +& ASSOCIATES, INC. (hereinafter called "Cornpany"). WITIVE-SS~TN: WHEREAS, the Company responded to a Request for Pco{~osals (RFP) for the management of the Delray Beach AlluniCipal Tennis 'Center ("Original Si#e") and the Delray.. Swim_ and Tennis Club ("A~ditional Site"), together referee. d, tc~ as "Sites"; and WH,Ef~'EAS, .the terrr~s of the RFP sham be .incorporated Into this management agteeni~nt; artd V1~HERL-A~, the City fias dete~nNned it ~is in the public interest to Enter. into this managementagreement ~it~r Com~a~y. N4W Tl~~F~~1=Ol~E; for gpod and. valuable eonsidera#ion, the receipt and sufficiency of which are .hereby.acknowtedg:ed, tine parties hereby agree as fotlows: 1. fn~+~rp~ora~tor~ ~f:Re~it~ls. Tie .parties hereby represent and warrant that the' above .recitals are ac~ratie and rdrrest and .the. recitals are he.re'by nc~tirporated as if fully set forth in this Agrce~ent. 2. ~4gr~~ment,#o Pe.r~otm.,Wc~rk. City agrees to retain Corn~sa xy #o reader ,, ,.. certain professional. services (herelnaftar the' "Services") and to pa.y for the performance of such. work on and .under the conditions which aye set forth in this Agreement,. and C+arnpany agrees to perform such Services to the reasonable satisfaction of the City and to accept full payment. as is yet forth. in this Agreement. 3. ervices. The services shall generally consist of those services more particularly set forth in exhibit "A" which is attached hereto and incorpora#ed as if fully set forth herein. 4. ,Term of.Agceement. Thfs agreement will commence on October 1, 2004 and terminate on September.30, 2008.. "this agreement may be renewed for another 4 year term, upon the sole discretion of the City. 5. Termination. This agreement may be terminated by Company with or . without cause by giving the City ninety (90}days written notice in advance of the -date ~of 3 THIS AGREEMENT ("The Agreement") is made Phis a;4 day of , 2004 by and between the CITY OF DELRAY BEACH, a Florida Municipal Coeporation termination; i.Jpon termination of this Agreement, the City shall remit, after review and approval of all receipts and itemizations, any outstanding reimburseables incurred by Company prior to termination of the agreement. Thin Agreement may be terminated by the City with or without cause by giving the Company ninety (90) days written notice in advance of the date of termination. 6. Payr~aent. The City shall pay Company for the performance of.work at a base monthly rate .payable at the first of file rdonth in the following amounts: . October 1, 2004 to September 30, 2005 - $3,666:67 per month October 1, 2E~Q5 to ~ept~rnber 30, 2.006 - $3,7311:00 per month October 1, 2006 to September 3b, 2007 - $3,83:33 per month October 1, 2047 to September 30, 2U08 - $3,91 x:67 per month 7. .1Rei~rtbyfseab~es. The City shah accept and pay tha actual cost of ceimbur~:atlles .as follows; . {a) Payroll costs for :Compan_y's employees wfio are working fi~~U~ti~te or part=time at the. Original and Add~tibnal ~i~es. The .payment.of ouch payroll costs is su~t~ect to the -c~#y -Manager's, or his designee's prior apy~roval, a- nd only such approved costs shall be paid; {b) All ir~suran+ce prerni~rns as required uhder paragraph 14 of this agreer~en#; {c) Pre-approved travel expegses; {d) Mileage..at the current City rate per mile; _ {e) Telephone, mail, .facsimile and. pre-approvgd miscellaneous out-of- pocketexpenses. Company shall itemize all expenses and submit receipts to show proof thereof. .Such expenses shall be billed by Company at cost on a .monthly basis. 8. A~ailabll.ity of Company and EmpJoyees. During the term of this Agreement, Company and its employees, and/or i#s representative shall be available to perform the services as may be required 'to accomplish the services in the manner required by this Agreement. Company and its employees, and/or its representative shall be available for consultation during the hours .normally worked by Ci"ty's employees unless otherwise agreed between City and Company, and in special circumstances. Company and its employees, and/or its representative shall also be available .to City during evening meeting hours and other reasonable times when 4 required by Gity. Company and its employees shall also be available to fully staff the sites at the times requested by .the City, which the City determines in its sole and absolute discretion is advantageous to the City due to emergencies, disasters or any other reason required by the City in order to assist the officers, agents, employees, residents and others as determined by the City. Such assistance could include, but is not limited to, providing food and shelter to City employees and others as the City .determines in its sole and absolu#e discretion is appropriate at the dates and .times specified by the City, in its. sole discretion. 9. Performance ~d:raus. In addition to the base payment provided for in this Agreement, Company shall be eligible to receive a yearly fixed bonus payment on or before December 1st of eacfi year. The per#'ormartce bonus payment shall be contingent upon accomplishing specific yearly go~l~ and abfectives as agreed to by Corrapany and the City .Manager. in welting and approved by the' City Co~rnission. The proposed per~orrnance measure mbst tie su~rn~tted~. by fihe Gornpany to the City Manager for review on a ye~tly basis by July ;lst of tfie year preceding tf~e year in which the bonus is to be paid. In any event, the star~d'ard aggregate bonus paid to Company in any one year shall not exceed 15%. of th. a base fee prodded for managing the Courses. In no event will .the yearly fxed .bonus be based on net profits or a combination of gross revenee and expense targets: . Company shall .also.submit a marketing business plan on a yearly basis, by duly 1St of the year.precedng the year in which the plan pertains to, to the City ~M'anager for - his review and approval by the City Commission. 10. Licensed or I2egiste:red Personnel. All services to be rendered by Company under this Agreement,.which are required by lawao be.perforrned by or under the direction of a duly licensed or registered professional, shall be rendered in compliance with such requirements. 11. Desianaxed Re,areseratative. All of Company's recommendations, reports and aertifcations are to be rou#ed through the .City Manager or his designee. Company shall designate Brehm Dubin as its representative for this Agreernen#. 12.. 1'ertormance. During -the term of this Agreement, Company shall, to the best of its ability, design, inform, suggest, advise and render all services that migh# be requested by City or which may be appropriate in respect to the Services on a timely 5 basis,. as required by City. to .meet project timetable needs. City shall have the right to make use of same in its .business at any .time as it may desire .without further payment to Company, other than that specifically stated herein. All reports and other documents furnished by Company in the course of or as a result of pe.rForming the Services shall be the .property of City and may be used by City for any purpose whatsoever. 13. Putiiic Records.. L- aw: Company sha11 be required to comply with the Florida public records law to the extent that it may be :required #o comply with such law. 1'4. inste. Corrrp~ny shall provide the Ci#y with .insurance,certificates whicfi.eoverage shall be maintained throughout the temti of this Agreement showing the #ollowing minimum i:nsu:r~nee ro~erage: C;~m~ and`. ~-~nntoyee [~ishonesty..lr~surar~oe: Minimum limits of $500,000 per oc~r~rrene~: Vjft~t r;~ Hof , ~sat~ot~~. Coverage with Statutory .Limns for coverage "A" anti t- lii~+ts of a rninimtarrt of ~1,OOOr0:00far Bmployers Liabi #y. ~erai, ,Liabil~#~r irasu~, nce Minimum lima of $1,000,000 per occurrence grad $,~F Y 00,~~ ih the aggregate- anrn~~1#y, providing: coverage fcrr Premises and Qperatldns, Products and Compfe~~d Operations, Fire. Legal L~abilrty, and P`ersc~rfal ~rtd Advattising lhiUty:Liability. , A~~omob~{e L~ab~l+ty: For any owned or non-owned veheies, with .r~r~inrnurn limits 0~'$1,mi~6,Obg perticcur+'ence. RaNution LiakilttY: I~Imimum Limit of $1,000,000 must be ~ia~intained. All insurance polioies must be obtained through .insurance companies that'are authorized to transac# business in` the .State of Florida by ,the .Department .of ~inan+~ial Services, anif they-must cant' e. minimum rating of A:M.:Best of A- as to management and Vll as to friancial size. 15: Tax. exempt Status. I# is recognized by Company that .the City's Municipal Tennis Center has been fnanced with proceeds of tax exempt debt and may be re-financed from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits .the private, use of govemmen#ally owned facilities constructed with tax exempt debt, such as a tennis stadium, in order to maintain the tax exempt status of the debt issued to finance the same. .This Agreement shall automatically 6 terminate, without any required notice by 'the City, if any payment required to be made under the provisions of the Agreemen# with the, .city would, together with any other private use payments made or required to be made by any other entity(ies) or person(s) for the use of the tennis. center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes on any interest obligation (herein "negative tax consequences") of the City issued to finance or refnance the tennis center or any part thereof. Such a termination shall not constitute .a default on the part of either party to this Agreemen#. Upon such termination, it is the intent of the parties hereto:to enter into a new agreement which would contain different or modifed.payment terns andJor amounts acceptable to both of the patties hereto, and which., in the opinion of the C-tiy`a bond counsel, would not have,.r-ega~lve tax consequences. 16. Purclha~se. All purchases of equipment or supplies #or the operatjon of the Original and Additional Sites shall be made by the City's Purchasing Department. 1 fi. Alcc~hohc B.eireraq+~ License. The patties agree that _~ity . wiif pa alk costs, fees and. ex~ens~es associated with maintaining the alcoholic beverage licenses. At the. time of the terrrtitaation of the Management Agreement, Company shall transfer. the alco:hol,ic beverage license to the City. The cost for the transfer of the .alcoholic beverage license shall be paid for by City. City will be responsible for tie remittance of sales taxes on a monthly basis to the State of Fbrida, including :all elate fees and penalties, which the State of Florida may assess with respect to the alcoholic beverage license. Company .shall ensure that all federal, state and local laws relating to the use of the alcoholic beverage license are complied with. 18. Successors and Assigns. Company shall not assign or transfer its interest in this Agreement without the prior written consent of City, which may be wi#hheld for no reason or any reason the City, in its sole discretion, believes is in its 7 best interests. The foregoing notwithstanding, this Agreement shall be binding upon and inure to ~ti1e benefit of each party's successors and assigns. 19. Destruction of Facilities; Force Mai'a.ure. In the event the facilities, located at the sites., o:r major part thereof, shall be destroyed or substantially damaged by fire or any other,cause, or if any other casualty or any unforeseen occurrence, as determined by the City, then this Agreement maybe terminated immediately by the City, in its sole discretion. The City in its sole discretion may determine that it wili not rebuild or repair the facilities. In the .event that a weather related emergency or natural disaster or other emergency occurs,. that .does not- destroy the facilities, but either effects the use of the fecilit~ by~ the public or the Ciit~ or effects. other areas of the City to .such an extent that tt~e. C%ty does not desire that the sites be ©~era#erf for, ten~n'rs r~lat~d aCt~uifes, `the City may it~nmed~iet~ly terminate this Agreement .or continue with the Agreement there~fter:at its sole d'isc~etion. The use' of the facilities for other purposes. will :not be a b;r~eh of this Agreement.. !f the Clty decides fi~ ter-rn~n~ate this Agreement, Corhpac~y shall s~tl~rnit any outstanding invoices to the Eity within 30 days of such tenrination, Tl1e Clty shall. provide. notice to Cartrpany of such termination as provided by Paragraph 2C3. Z0. i~lot,~, ic„ss. All notices re4~ired or desired to be liven under this Agreement steal be in writing and delivered- in person or transmitted'. certifed mail, return receipt ,.; . , : requestEd, postage prepaid addressed to the party to be.noticed;, and, sfial~. be, deampd , to have been delivered three .(3) days after deposit in a post: office or letter box. in the above manner. To City: City of Delray Beach 100. N.W. 1 st Avenue Delray Beach, fL 33444 To Company: Dubin & Associates, Inc. 1300 Palk of Commerce, Suite 272 Delray Beach, FL 33445 21.. Indeuendent contractor. Company, its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City with respect to aJl of the acts and services performed by and under the terms of the 8 Agreement: "his Agreement shall in no way. be construed as creating a partnership, association or any other kind of joint venture or undertaking between the parties hereto. 22. ~ndernnif~ca#ion. Cotnpalty agrees to indemnify, defend ar~d hold the C .ty, its officers; agents, employees .and assigns, harmless from any .loss, damage, liabiUty, negligence, cause of action, or claim, excluding any damage occurring to the City's real. or persona .property, arising from the negligent, reckless, intentional or malicious acts or omissions of hrs eri~ployees, agents, volunteers and assigns. and from the operations of the Original and Ad~llt%onat Sitps. 23. B~t~drntl ~f~gct. Ail. of the terms and provisions of this Agreement shall be binding upon; inure :to the beneft Q#, and be enforceat~le: by, the. parties hereto and their respective hel_rs, successors, legal representatives, and permitted-assrg~s. ". 24. e~ ~,an~s, Thrs Agreement r~.ay not be amended, rnodafied, altered, ~~ ~~ _~. or. changed_;lrt~ any resprsct, except 'by a further agreement i~ writing duly ex~cuter~` by each-~f~~the p~tfiies Fer~eta. 2~ Ti~ud,`~.~rit~as, Nothing; -in .this A~feement, whether express or .implied; is intended fA. confer any .rights of .remedies under or by reason of this Agreement upon ahy person other then file parties hereto and their respective heirs, success©rs,~ legal r~~resenzatiues, and p~rr'~t~~tfe~~ as~K~r~s, r~or is a~~rt#~ing .ln this Agreement intender to relieve or .dlsch~arge the obligation or 1taEiiity of any third persons to any party. to this Agreement, .nor .ai~all .dray ptovt~ion. t#~ereof glue any. third .person any right of :,.... subro ~. anon oraction over or a artist an pa . to this ~A regiment: ` 9 y. 9 . 26. Y~en,ue. Any action brought tc enforce the provisions of this Agreement shal'I lye broraght .in a court of competent jurisdiction in Pairs Beach County, Florida. 27.. entire. Agr:_eement, ThES Agreement shah constitute the entire agreement of the par#ies with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. IN WI~IV~ESS WHEREOF, the part%s hereto have caused ti~iis Agreement to. be duly- executed on their behalf this ~ day of , 2004. 9 ,. ATTEST: • h1 ~~~~ pity clerk Approved as to form: (2 ~` amity Attorney TH By: DI~BIN ~ A~~bC1ATE&, I~VC. By: ~ ~~- BraFEm C~ubin, F~resicferat {S`E~L) STATE OF FLORIDA ) ss: C~I~iVTY QR-'F~i4Ll~1'BEACH ) TF~e f~egai~g instrument wgs ackr~ornrledged befgre me tha`s ,~ day Hof .004 try (name of offreer or went; ti~la of- ~ffceF ar agertt~ of {raar~e of corpora~ao a~knowF~dg~rig), a _ _ {state or place of incorporation}.cor-po, raticm,_ on I~ehalf of fife corporation: H:e{~:he is perso~alJ~ . krlnwn to me or ftas ~produd {type of lden~ificatidn) as rde~-titabation and yid {did not) take an oath. ~l+~tary Public {OFFICIAL 1VOTARIAL SEAL) State and County Aforesaid ruJy Commissiart Expires: 10 .. 'EXHIBIT "A" The scope of the work will include but will not be limited to the fol owing: Administration: Provide.adminis#rative oversight for all key operations such as pro-shop services, court maintenance, lessons, .site and building. main#enance. Ensure that the facilities are operated at.a frst class level fof munTCipal tennis facilities. Supervise :and direct the adrninistFation of all tennis operations, including, but not limited to. the following: + Tne colleetion, deposit and reporting. of revenue; • The:procurement of aatl peymertt as#hori~ation for :materials a'nd services; + Tennis merehandfse sales; rentals and repair; toui`~arnent managerrient, both amafe~r ar~ct .prb#essaonel, jttriiar tennis 'prograrr~ming, teri'nis lessons and clinics. prograrhmft~g; • Court mana:ge'ment and maintenance, general. supervision of the tennis facilities and: the preparataan of courts:for cf~ily play; .and + Any incidental-serviaes.iR ~S r~ay:b~ directed. .The Management Company shall hire; #rain, evalua#e and fre all personnel ,necessary fio ;opera#e and. maan#ain #t~;e tennis faciirtras. , The h~lenagemerrt Company will ..: . have full autli~nty over all personnel decisions and they ~sllall be employees of the Mariagemeht Company. The Management Cornpany shall respond to customer inquiries and complains received directly or #hrough the City Manager's office: i~t writing within seven (7) days of receipt. Acknowledgement of receipt of the customer inquiry or complaint .is required within 4$ hours. The Management Company shall make recommendations annually for maximum fees and rates for tennis fees, equipment rental, racquet repair, and memberships. it is not the City's objective to naxi~tize court #imos. Complete annual fee and rate market analysis. Make recommendations related to~operational poNcy. F ~ancial• 11 '~ •. Prepare ara annual:,business plain wF~ich shall inClu:de an operat(ng and capft~i budget as. well as a marketing plan for review by the City Manager in accordance wit#f Ci{y budget submittal requirements. • Prepare a five {5) yeac Capital Improvement budge# annually for review by the:City Manager in accordance y~rith City budgetsubmittai requicernents. • Prepare .and process requisitigras,fior procurernsnt of supplies, mater-iais,, equprner%# services and capital items in accordance with the City poolicies and .procedure: • Prepare bid sp~ci#ications fo~~su~plies, materi;~is, equipment, services and capital,~items as may be ~equr•ed. •: ~` NJaf~tair~ :a. petty ;cash .fiend .ire acccifdar~ce with City ,policies and • Ni~n~i~e -aid me,intei~a a compu'tet~iz~ed pent of sale corxtputer system and ,~~str~r;~~iiea• syster~~for~ tennis t~peratlor~. • 4ts ~ ,~ail~ basis: de~iosit afl -gross i°evenu~s rn a~rount ~ alad tc the credit of ^ttae<~itywithout regard to any adJustrner~ts that mad be ~ma~e. • Per~c~r~ rnora#hfy inven#ory: cc~ur~ts, as may be required ,to ens~ire -proper, aCCeul'tta~ility. , • ~~hS~re that ~deq~~ate internal con#rol systems are in place in all areas of the o'~eraxton. .._.-,. • Perform monthly audits of cash. ~,pet~at~ons and ~aintex~.ance: • Provide routine janitorial (daffy) and building maintenance services as requfir~d and provide all necessary supplies for restrooms :and locker roora~s. • Provide routine preventive maintenance services as requested. + Ensure other structures; equipment and irrigation systems are maintained and repaired as needed. • Maintain tennis courts and other common .areas at a first class level of rna n#enance. ~. 12 . - ,. • Operate and maintain the tennis facilities in .accordance .with all federal, state, and local government laws, regulations, including health department regulations and state liquor board regulations. • Maintain pro-shop inventory to ensure customer needs are met. • Keep a;perpetual inventory of merchandise for resale. • Coordinate site landscape maintenance services with the City's ,Parks Maintenance Division. • Provide racquet repair service on-site. ' Prepare a quarterly newsletter for members and other customers. • Provide tennis lessons to the public, meeting. tfieir. skill Jevei need; both iridiwidwal and .group Lessons: • .Staff pro-hops at all times dunng :poufs of operation. • Bala~noe court utiti~atic~n betvueer~ da~il~ walk-on play, laag~:ae pl~~y; and lessons. • Maintain t11e pro,shop area.:as a tennis shop in which racquets, balls and ri~erchandise.are kept frif resale. • R±aglacetenns nets and`wind_scr~ens as required. • Mairttai.n courts daily in accordance with standard .maint~nanee practices. • B.e r~spons%b1e. for maintenance and repair of t~nrais court lighting and , .. . imgat#on systems: . • Provide assistance. and services, as required, for amateur -and professionaltennis tournaments, as well as other events contracted -by the City to be held on .site and/or at the stadium. Services include, but are not ignited to: • Attendance at meetings, as may be required by the Ci#y. • Install and remove seat kills. • Recruit and manage ball person program for A'fP Tournament: • install and remove protective floor covering. • Pressure clean stadium area, including seats and walkways. 13 ~• ~ • Assist in court setup for tournaments. • Assist in cour'k scheduang for toumaments. • Assist tournament promoters with special clinics. • Have a representative o.n site during special events and tournaments. • Open and close facilities as may be required. • Provide supplies and keep stacked restroom facilities. • Assist with issues involving stadium use during events. and'toumarnents. • Make avaiia~le practice courts, as may be .required foc toumarnents. M`arfcetfrd apd f'~ornQt~or~s: - • Devei~p aria corad~ct youth-p:rograrns arfd clinics viihich meet tttie needs`of the te~tra~s~-cu~tt~rYC~r. • Develop and. imple:rnent tennis teaing programs. Prepare and submit ar} annual marketing plan for City approval as part of the arnua!-t~us~ness pka~n. • Promote and develop a .wide v~r3e#y~ flf everts a+~d prograrris, i~clu~.ir~g junior tennis, charity.events, aid programs forurlderpnvifeg;ed youth. ' • Develop advertising and promotianai materrals.fortennis operations. Offer dE~monstra#ions of aspects of the game of tera:nis in promotion of the tennis facilities, free of ehar~e. O#her: • Provide monthly reports #o irtdude, .but not Limited ta, financial information, utilisation rate, maintenance highlights, program . data, and marketing/promotiortial initiatives in a format as may be prescribed by the City. -• Ensure security and protection of all assets, including City~funds. 1'rovid:e response and backup response to answer alarms during all hours of the. day. • 'Make recomrnendations and assist the City in planning and implementing capital improvements. 14 C. ..' ~ ~ • ~ond~et all operations and activities to comply witfi safiety regulations and standar~s.~ • ~nsura cornpiiance with all envirohmental and natural resources laws, reguhtions and permits. .. _ 15 MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: July 3, 2008 SUBJECT: AGENDA ITEM WS.S -WORKSHOP MEETING OF .TULY 8, 2008 OVERVIEW OF PRELIMINARY FY 2008-2009 BUDGET ITEM BEFORE COMMISSION The item before the Commission is an overview of Preliminary Budget Requests for FY 2008-2009. BACKGROUND An overview of the Preliminary Budget Requests for FY 2008/2009 will be provided at the July 8 workshop meeting. A link to the Preliminary Bud e~guests will be added to the City website on July 3 at the following location: -From the City' homepage mydelraybeach.com, click on "Finance" under the "Departments" heading in the left-hand margin -On the Finance Department page click on the "For Residents" heading -Then click on "Preliminary Budget Requests FY 08-09" This information will be updated during the budget process and eventually will include the Proposed Budget for FY 08/09. The web page will advise of when the updates have been made and finally when the Proposed Budget has been added.